EPA v. ARISTECH CHEMICAL CORPORATION

Case summary

1. SECTION 3008 OF THE RESOURCE CONSERVATION AND RECOVERY ACT ( RCRA ), 42 U.S.C. SEC. 6901 ET SEQ., AS AMENDED BY THE HAZARDOUS AND SOLID WASTE AMENDMENTS OF 1984 ( HSWA ) AND SUBTITLE C OF RCRA. 2. ARISTECH CHEMICAL CORPORATION 4403 LAPORTE HIGHWAY 225 P.O. BOX 600 PASADENA, TX. 77501 FACILITY I.D. TXD980808778 REGISTERED AGENT FOR SERVICE: PRENTICE HALL CORPORATION SYSTEMS 400 N. ST. PAUL DALLAS, TX. 75201 3. COUNT 1 - RESPONDENT VIOLATED 30 TAC SEC. 335.69(E), 40 C.F.R. SEC. 262.34(C)(2) BY ACCUMULATING HAZARDOUS WASTE IN EXCESS OF 55 GALLONS IN A SATELLITE ACCUMULATION AREA WITHOUT HAVING MARKED THE DRUMS CONTAINING THE EXCESS WASTE WITH THE DATE THE EXCESS WASTE BEGAN ACCUMULATING. COUNT 2 - RESPONDENT VIOLATED 40 C.F.R. 265.191 BY FAIL- ING TO HAVE OBTAIN AN INTEGRITY ASSESSMENT OF THE REMELT TANK BY JAN. 12,1988. COUNT 3 - RESPONDENT VIOLATED 40 C.F.R. SEC. 262.32(A)(3) BY ACCUMULATING HAZARDOUS WASTES ON-SITE IN A TANK WITH- OUT LABELLING THE TANK WITH THE WORDS HAZARDOUS WASTE . COUNT 4 - RESPONDENT VIOLATED 40 C.F.R. 265.195(C) BY FAILING TO DOCUMENT INSPECTIONS OF THE REMELT TANK CON-UC DUCTED IN ACCORDANCE WITH 40 C.F.R. SEC. 265.195(A). COUNT 5 - RESPONDENT VIOLATED 40 C.F.R. SEC. 265.13(B) BY FAILING TO UPDATE THE WASTE ANALYSIS PLAN IN A TIMELY MANNER. COUNT 6 - RESPONDENT VIOLATED 40 C.F.R. SEC. 265.51 BY FAILING TO UPDATE THE CONTINGENCY PLAN IN A TIMELY MANNER COUNT 7 - REPONDENT VIOLATED 40 C.F.R. SEC. 265.112 BY FAILING TO PREPARE A CLOSURE PLAN IN A TIMELY MANNER. COUNT 8 - RESPONDENT VIOLATED 40 C.F.R. SEC. 265.15(B) BY FAILING TO PREPARE A WRITTEN INSPECTION SCHEDULE IN A TIMELY MANNER. 4. RELIEF SOUGHT PURSUANT TO SECTION 3008(A) OF RCRA ORDERS RESPONDENT TO: 1. WITHIN 24 HOURS OF RECEIPT OF COMPLAINT, BEGIN LABEL- LING ALL HAZARDOUS WASTE CONTAINERS IN THE SATELLITE AC- CUMULATION AREA WITH DATE ON WHICH ACCUMULATION BEGINS. 2. WITHIN 24 HOURS OF RECEIPT OF COMPLAINT, BEGIN MANAG- ING THE SATELLITE ACCUMULATION AREA AS A SINGLE ACCUMULA- TION POINT. 3. WITHIN 30 DAYS OF RECEIPT OF COMPLAINT, DEVELOP AND IMPLEMENT A WRITTEN OPERATING PROCEDURE TO ENSURE ACCUM- ULATION AREA IS MANAGED AS A SINGLE ACCUMULATION AREA. 4. SUBMIT TO EPA , WITHIN 30 DAYS, OF RECEIPT OF COM- PLAINT, A COPY OF WRITTEN OPERATING PROCEDURE AND DOCU- MENTATION INDICATING THAT OPERATOR(S) OF THE ACCUMULATION AREA HAVE BEEN TRAINED ON NEW OPERATING PROCEDURE. 5. WITHIN 24 HOURS OF RECEIPT OF COMPLAINT, BEGIN INSPECT ING THE REMELT TANK ON EACH DAY THAT TANK IS OPERATED AND BEGIN DOCUMENTING ALL INSPECTIONS OF THE REMELT TANK. 6. SUBMIT TO EPA, WITHIN 90 DAYS OF RECEIPT OF COMPLAINT, RECORDS DEMONSTRATING THAT THE REMELT TANK IS BEING IN- SPECTED ON EACH DAY OF ITS OPERATION. 7. SUBMIT TO EPA, WITHIN 30 DAYS OF RECEIPT OF COMPLAINT, A PHOTOGRAPH OF THE HAZARDOUS WASTE LABEL ON THE REMELT TANK. 8. SUBMIT TO EPA, WITHIN 30 DAYS OF RECEIPT OF COMPLAINT, A COPY OF A WRITTEN ASSESSMENT OF THE REMELT TANK REVIEW- ED AND CERTIFIED BY AN INDEPENDENT, QUALIFIED, REGISTERED PROFESSIONAL ENGINEER THAT ATTESTS TO THE TANK SYSTEM IN- TEGRITY.

Defendants (1)

• ARISTECH CHEMICAL CORPORATIONNamed in complaintNamed in settlement

Facilities (1)

• SUNOCO INCORPORATED R AND M PASADENA PLANT

  4403 LA PORTE ROAD, PASADENA, TX, 77501

  Registry ID: 110002081942

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)

• ARISTECH CHEMICAL CORPORATIONentered 1994-08-05

  Primary law: RCRA

  Federal penalty: $21,500

Timeline (5 milestones)

• 1994-06-30Enforcement Action Data Entered
• 1994-06-30Complaint Filed/Proposed Order
• 1994-08-05Final Order Issued
• 1994-09-02Compliance Achieved
• 1994-09-02Enforcement Action Closed