EPA v. UNION CARBIDE CHEMICALS AND PLASTICS COMPANY, INC.

Case summary

UNION CARBIDE CHEMICALS AND PLASTIC COMPANY, INC. ( RESPON- DENT ) IS INCORPORATED IN AND UNDER THE LAWS OF THE STATE OF NEW YORK. RESPONDENT OWNS AND OPERATES A CHEMICAL PROCESSING AND PRO- DUCTION FACILITY (HEREINAFTER THE PLANT ) LOCATED AT 3301 5TH AVENUE SOUTH, GALVESTON COUNTY, TEXAS CITY, TX., AND A NEARBY MARINE TERMINAL WHERE IT MANAGES A VARIETY OF ORGANIC AND INORGANIC WASTES (IGNITABLE, CORROSIVE, TOXIC, REACTIVE, AND ACUTELY HAZARDOUS). AT THE PLANT, RESPONDENT IS PRIMARILY ENGAGED IN PETROCHEM- ICAL MANUFACTURING FROM NATURAL GAS. ON AUG. 11, 1980; JUL. 5, 1988; AND AUG. 8, 1991, RESPONDENT SUBMITTED ITS NOTIFICATION OF HAZARDOUS WASTE ACTIVITY AS REQUIRED BY SECTION 3010(A) OF RCRA, 42 U.S.C. SEC. 6930(A). ON NOV. 17, 1980, RESPONDENT SUBMITTED A PART A HAZARDOUS WASTE PERMIT APPLICATION. ON JAN. 10, 1991, EPA AND TEXAS NATURAL RESOURCES CONSERVA- TION COMMISSION ( TNRCC ) (FORMERLY THE TEXAS WATER COMMIS- SION ( TWC ) ISSUED A JOINT PERMIT NUMBER HW-50242-001 TO RESPONDENT, AUTHORIZING IT TO TREAT, STORE, AND DISPOSE OF HAZARDOUS WASTE GENERATED FROM THE RESPONDENT'S PLANT AND MARINE TERMINAL. ON MAR. 13, 1991, EPA ISSUED AND MADE EFFECTIVE PROVISIONS OF OF PERMIT NUMBER HW-50242-001, WHICH WERE REQUIREMENTS OF THE HAZARDOUS WASTE AND SOLID WASTE AMENDMENTS OF 1984 FOR WHICH THE TWC HAD NOT BEEN AUTHORIZED. ON OR ABOUT NOV. 30, 1992 THROUGH DEC. 4,1992, EPA CONDUCTED A COMPLIANCE AND EVALUTION INSPECTION ( CEI ) OF RESPON- DENT'S PLANT AND MARINE TERMINAL. ALLEGED VIOLATIONS: COUNT 1: RESPONDENT VIOLATED 31 TAC SEC. 335.69(E) (40 C.F. R. SEC. 262.34(C)) BY FAILING TO MARK HAZARDOUS WASTE CON- TAINERS WITH THE DATE IF INITIAL EXCESS ACCUMULATION. COUNT 2: RESPONDENT VIOLATED 31 TAC SEC. 335.69(D) (40 C.F. R. SEC. 262.34(C)(1)) BY FAILING TO KEEP A CONTAINER OF HAZ- ARDOUS WASTE CLOSED DURING STORAGE. COUNT 3: RESPONDENT VIOLATED 31 TAC SEC. 335.69(D) (40 C.F. R. 262.34(C)(1)) BY FAILING TO KEEP A CONTAINER OF HAZARDOUS WASTE CLOSED DURING STORAGE. COUNT 4: RESPONDENT VIOLATED PERMIT PROVISION III.B.1.A. AND 40 C.F.R. 264.193(E)(1)(III) FOR FAILURE TO MAINTAIN A SECONDARY CONTAINMENT SYSTEM FREE FROM CRACKS AND GAPS. COUNT 5: RESPONDENT VIOLATED PERMIT PROVISION IV.F.D. BY FAILING TO OPERATE AT MAXIMUM INCINERATION RATES DURING STACK EMISSION TESTING ON MAR. 8, 1991. COUNT 6: RESPONDENT VIOLATED 40 C.F.R. SEC. 266.103(J) BY FAILING TO TEST THE AUTOMATIC HAZARDOUS WASTE FEED CUTOFF SY STEM AND ASSOCIATED ALARMS AT LEAST ONCE EVERY 7 DAYS WHEN HAZARDOUS WASTE IS BURNED TO VERIFY OPERABILITY. COUNT 7: RESPONDENT VIOLATED 31 TAC SEC. 335.69(A) (40 C.F. R. SEC. 262.34(A)) BY FAILING TO COMPLY WITH THE REQUIRE- MENTS OF 40 C.F.R. SEC. 265.174 BY FAILING TO INSPECT CON- TAINERS IN A LESS THAN 90 DAY STORAGE AREA. THE PROPOSED PENALTY IS $139,000. REGISTERED AGENT: C.T. CORPORATION SYSTEM 811 DALLAS AVENUE HOUSTON, TX. 77002

Defendants (1)

• UNION CARBIDE CHEMICALS AND PLASTIC CONamed in complaintNamed in settlement

Facilities (1)

• UNION CARBIDE CORPORATION TEXAS CITY PLANT

  3301 5TH AVENUE SOUTH, TEXAS CITY, TX, 77590

  Registry ID: 110000505524

Statutes cited

• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste
• RCRA 3004 — Hazardous Waste Treatment, Storage, and Disposal Standards

Enforcement conclusions (1)

• UNION CARBIDE CHEMICALS AND PLASTICS COMPANY, INC.entered 1995-10-26

  Primary law: RCRA

  Federal penalty: $61,000

Timeline (5 milestones)

• 1994-03-31Enforcement Action Data Entered
• 1994-03-31Complaint Filed/Proposed Order
• 1995-10-26Final Order Issued
• 1995-10-26Compliance Achieved
• 1995-10-26Enforcement Action Closed