EPA v. CATALYST RECOVERY OF LOUISIANA

Case summary

RESPONDENT OPERATES A FACILITY LOCATED AT 100 AMERICAN BOUL- EVARD, LAFAYETTE, LA. 70508, WHERE IT REGENERATES AND STORES SPENT HYDROPROCESSING CATALYSTS AND ABSORBENTS ( FACILITY ). ON NOV. 18, 1980, RESPONDENT SUBMITTED A NOTIFICATION OF HAZARDOUS WASTE ACTIVITY TO EPA AS REQUIRED BY SECTION 3010 (A) OF RCRA. IN ITS NOTIFICATION , RESPONDENT CERTIFIED THAT IT EMPLOYS OR PROCESSES MATERIALS WHICH PRODUCE WASTES WHICH EXHIBIT THE TOXICITY CHARACTERISTIC (D000). ON DEC. 12, 1983, RESPONDENT SUBMITTED A CERTIFICATE OF IN- ACTIVITY FOR HAZARDOUS WASTE ACTIVITIES. ON MARC. 29, 1985, RESPONDENT SUBMITTED A SUBSEQUENT NOTIFI- CATION OF HAZARDOUS WASTE ACTIVITY TO REMOVE ITS FACILITY FROM THE INACTIVE CLASSIFICATION. ON JUN. 28, 1985, RESPONDENT SUBMITTED A HAZARDOUS WASTE PART A APPLICATION WHICH INCLUDED D001, D003, D004 AND D010 WASTE AS BEING GENERATED. ON MAY 13, 1986, RESPONDENT SUBMITTED A SUBSEQUENT NOTIFICA- TION OF HAZARDOUS WASTE ACTIVITY. ON JUL. 31, 1986, NOTIFICATION WAS RECEIVED BY EPA FROM LDEQ REQUESTING THE ADDITION OF D001, D003, D004, AND D010 WASTE TO THE HAZARDOUS WASTE NOTIFICATION OF CATALYST RECOVERY, INC. ON SEPT. 1990, RESPONDENT REVISED ITS HAZARDOUS WASTE PERMIT APPLICATION PART A TO ADD THE TOXICITY CHARACTERISTIC WASTE BENZENE (D018). ON FEB. 27, 1991, RESPONDENT SUBMITTED A REVISED NOTIFICA- TION OF HAZARDOUS WASTE ACTIVITY . ON JAN. 29, 1993, EPA ISSUED A REQUEST FOR INFORMATION TO RESPONDENT SEEKING INFORMATION PERTAINING TO THE OPERATIONS OF THE FACILITY. RESPONDENT'S MAR. 15, 1993, REPLY TO THE REQUEST FOR INFORM- ATION IDENTIFIED WASTE FLAMMABLE SOLIDS AS BEING GENERATED BY NEWFOUNDLAND PROCESSING, LTD., CANADA; THEREFORE, ALL THE MANIFESTS DEALT WITH HEREIN DEALT WITH TRANSPORTATION OF D001 HAZARDOUS WASTE. RESPONDENT IS A GENERATOR OF HAZARDOUS WASTE AS THAT TERM IS DEFINED AT 40 C.F.R. SEC. 260.10 AND LAC 33:V.109. RESPONDENT ACTED AS A U.S. IMPORTER OF HAZARDOUS WASTE FROM NEWFOUNDLAND PROCESSING, LTD. LOCATED AT COME BY CHANCE, NEWFOUNDLAND, CANADA. RESPONDENT'S U.S. FACILITY, LOCATED AT 100 AMERICAN BLVD., LAFAYETTE, LA. 70508 REGENERATES THE FOREIGN FACILITY'S SPENT CATALYST. VIOLATIONS: COUNT 1 - RESPONDENT, AS THE IMPORTER OF HAZARDOUS WASTE, HAS VIOLATED 40 C.F.R. SEC. 262.60(B) BY FAILING TO LIST IN THE MANIFESTS THE NAME AND ADDRESS OF THE FOREIGN GENERATOR AND BY FAILING TO SIGN THE CERTIFICATION STATEMENT IN THE MANIFESTS. COUNT 2 - RESPONDENT, AS THE IMPORTER OF HAZARDOUS WASTE, HAS VIOLATED 40 C.F.R. SEC. 262.12(C) BY OFFERING 13 SHIP- MENTS OF HAZARDOUS WASTE TO A TRANSPORTER(S) WITHOUT AN EPA IDENTIFICATION NUMBER. COUNT 3 - RESPONDENT HAS VIOLATED 40 C.F.R. SEC. 268.7(A)(I) BY FAILING TO PROVIDE THE LAN BAN NOTIFICATION TO THE TREAT- MENT OR STORAGE FACILITY WITH SAID SHIPMENTS OF D001 WASTE. COMPLIANCE ORDER: 1. RESPONDENT SHALL IMMEDIATELY BEGIN LISTING BOTH THE FOR- EIGN GENERATOR NAME AND ADDRESS AND THE IMPORTER NAME AND ADDRESS WITH EPA IDENTIFICATION NUMBER IN THE GENERATOR BLOCK ON THE UNIFORM HAZARDOUS WASTE MANIFEST FORM FOR ALL SHIPMENTS OF IMPORTED HAZARDOUS WASTE. 2. RESPONDENT SHALL IMMEDIATELY CEASE OFFERING HAZARDOUS WASTE TO TRANSPORTERS THAT HAVE NOT RECEIVED AN EPA IDENTI- FICATION NUMBER.

Defendants (1)

• CATALYST RECOVERY OF LOUISIANANamed in complaint

Facilities (2)

• CATALYST RECOVERY OF LA INCORPORATED

  100 AMERICAN BLVD, LAFAYETTE, LA, 70508

  Registry ID: 110000613783

• CATALYST RECOVERY OF LA INCORPORATED

  100 AMERICAN BLVD, LAFAYETTE, LA, 70508

  Registry ID: 110000613783

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)

• **PROPOSED SETTLEMENT**

  Primary law: RCRA

Timeline (3 milestones)

• 1993-06-17Complaint Filed/Proposed Order
• 1994-06-15Enforcement Action Data Entered
• 1995-03-13Enforcement Action Closed