EPA v. REXENE CORPORATION

Case summary

RESPONDENT (REXENE CORP.) IS A CORPORATION INCORPORATED UN- DER THE LAWS OF THE STATE OF DELAWARE AND AUTHORIZED TO DO BUSINESS IN TEXAS. THE RESPONDENT OWNS AND OPERATES A FACILITY LOCATED AT 2400 SOUTH GRANDVIEW AVENUE, ODESSA, TX. ON OCT. 26, 1990, THE RESPONDENT SUBMITTED A REVISED NOTIFI- CATION OF HAZARDOUS WASTE ACTIVITY TO EPA AS REQUIRED BY SECTION 3010 OF RCRA, 42 U.S.C. SEC. 6930. IN ITS NOTIFICATION, THE RESPONDENT CERTIFIED THAT IT WAS THE OWNER AND OPERATOR OF AN INDUSTRIAL BOILER WHICH BURNS HAZARDOUS WASTE FUELS. ALSO, THE RESPONDENT CERTIFIED THAT IT GENERATED, TREATED, STORED, OR DISPOSED OF HAZARDOUS WAS- TE. ON APR. 12-15, 1993, THE RESPONDENT'S FACILITY WAS INSPECTED BY REPRESENTATIVES OF EPA. ON MAR. 15, 1994, AN INFORMATION REQUEST LETTER WAS SENT TO THE RESPONDENT. ON APR. 19, 1994, THE RESPONDENT SUBMITTED ITS RESPONSE TO THE INFORMATION REQUEST LETTER. VIOLATIONS: COUNT 1 - RESPONDENT VIOLATED 40 C.F.R. SEC. 266.103(C)(4) (IV) BY FAILING TO AVERAGE THE FEED RATE FOR TOTAL ASH FOR ALL TEST RUNS TO ESTABLISH APPROPRIATE OPERATING LIMIT FOR TOTAL ASH IN THE CERTIFICATION OF COMPLIANCE. COUNT 2 - RESPONDENT VIOLATED 40 C.F.R. SEC. 266.(B)(3) BY OPERATING THE C BOILER DURING THE COMPLIANCE TEST IN EX- CESS OF THE MAXIMUM CHROMIUM FEED RATE LIMIT ESTABLISHED FOR THE C BOILER. COUNT 3 - RESPONDENT WAS IN VIOLATION BY FAILING TO AMEND ITS WASTE ANALYSIS PLAN TO INCLUDE A DESCRIPTION OF THE WAS- TE ANALYSES CONDUCTED ON THE C BOILER. COUNT 4 - RESPONDENT WAS IN VIOLATION BY FAILING TO AMEND ITS INSPECTION SCHEDULE TO INCLUDE THE C BOILER AND ASSOC- IATED EQUIPMENT. COUNT 5 - RESPONDENT WAS IN VIOLATION BY FAILING TO AMEND ITS CONTINGENCYPLAN TO INCLUDE THE EMERGENCY EQUIPMENT LOC- ATED IN THE AREA OF THE C BOILER. COUNT 6 - RESPONDENT WAS IN VIOLATION BY FAILING TO PREPARE A CLOSURE PLAN FOR THE C BOILER BY FEB. 21, 1992. COMPLIANCE ORDER: 1. UPON RECEIPT OF ORDER, CEASE OPERATING THE C BOILER A- BOVE THE THE TOTAL MAXIMUM ASH FEED RATE. 2. WITHIN 30 DAYS OF ORDER, SUBMIT A REVISED CERTIFICATION OF COMPLIANCE THAT SPECIFIES APPROPRIATE OPERATING LIMITS BASED ON THE OPERATING CONDITIONS ACHIEVED DURING THE COM- PLIANCE TEST. 3. WITHIN 30 DAYS OF ORDER, SUBMIT FOR APPROVAL, AN INSPECT- ION SCHEDULE WHICH ADDRESSES THE C BOILER AND ASSOCIATED EQUIPMENT. 4. WITHIN 30 DAYS OF ORDER, SUBMIT FOR APPROVAL, A CONTING- ENCY PLAN SPECIFIC TO THE RESPONDENT'S FACILITY AND OPERAT- ION. 5. WITHIN 30 DAYS OF ORDER, SUBMIT TO TNRCC FOR APPROVAL, A CLOSURE PLAN FOR THE C BOILER. PROPOSED CIVIL PENALTY IS $33,750. FACILITY I.D. TXD980626014.

Defendants (1)

• REXENE CORPORATIONNamed in complaintNamed in settlement

Facilities (4)

• HUNTSMAN POLYMERS CORPORATION

  2400 S GRANDVIEW, ODESSA, TX, 79766

  Registry ID: 110000466102

• HUNTSMAN POLYMERS CORPORATION

  2400 S GRANDVIEW, ODESSA, TX, 79766

  Registry ID: 110000466102

• HUNTSMAN POLYMERS CORPORATION

  2400 S GRANDVIEW, ODESSA, TX, 79766

  Registry ID: 110000466102

• HUNTSMAN POLYMERS CORPORATION

  2400 S GRANDVIEW, ODESSA, TX, 79766

  Registry ID: 110000466102

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)

• REXENE CORPORATIONentered 1994-09-15

  Primary law: RCRA

  Federal penalty: $33,750

Timeline (5 milestones)

• 1994-06-28Enforcement Action Data Entered
• 1994-06-28Complaint Filed/Proposed Order
• 1994-09-15Final Order Issued
• 1994-10-26Compliance Achieved
• 1994-10-26Enforcement Action Closed