EPA v. ALBEMARLE CORPORATION (ETHYL CORPORATION)

Case summary

1. SECTION 3008 OF THE RESOURCE CONSERVATION AND RECOVERY ACT OF 1976 ( RCRA ), 42 U.S.C. SEC. 6901 ET. SEQ. 2. ETHYL CORPORATION 1000 N. SOUTH STREET PASADENA, TEXAS 77512 3. RESPONDENT WAS IN VIOLATION OF SUBTITLE C OF RCRA BY 1) BURNED HAZARDOUS WASTE IN ITS BOILER IN EXCESS OF FEED RATES ALLOWED UNDER ITS 1991 CERTIFICATE OF PRECOMPLI- ANCE; 2) FAILED TO LABEL THE BOILER'S FEED TANK AS A HAZ- ARDOUS WASTE TANK; 3) AFTER AUGUST , 1992, WHEN ETHYL CEASED OPERATING THE BOILER AS A HAZARDOUS WASTE UNIT, FAILED TO PROPERLY CLOSE AND CERTIFY CLOSURE OF THE UNIT; 4) FAILED TO UPDATE WASTE ANALYSIS PLAN FOR BIF; AND 5) FAILED TO UPDATE INSPECTION SCHEDULE FOR BIF. 4. RELIEF SOUGHT PURSUANT TO SECTION 3008(A) OF RCRA, EPA ISSUED A COMPLIANCE ORDER REQUIRING THE RESPONDENT TO: 1. SUBMIT TO EPA WITHIN 30 DAYS OF RECEIPT OF THIS COM- PLAINT, DEMONSTRATION THAT TANK D-810 IS NO LONGER A HAZARDOUS WASTE STORAGE TANK. 2. SUBMIT TO EPA FOR REVIEW AND COMMENT AND TO TNRCC FOR COMMENT AND APPROVAL, WITHIN 30 DAYS OF RECEIPT OF COMPLAINT, A CLOSURE PLAN FOR STEAM BOILER NO. 5. 3. WITHIN 90 DAYS AFTER APPROVAL OF THE CLOSURE PLAN FOR STEAM BOILER NO. 5 BY TNRCC, TREAT, REMOVE FROM THE BOILER, OR DISPOSE OF ON-SITE ALL HAZARDOUS WASTES IN ACCORDANCE WITH THE APPROVED CLOSURE PLAN. 4. WITHIN 60 DAYS AFTER COMPLETION OF CLOSURE, SUBMIT TO EPA AND TNRCC CERTIFICATION OF CLOSURE OF BOILER NO. 5 ACCORDING TO REGULATIONS. ALSO THE EPA PROPOSES A CIVIL PENALTY OF $13,250.

Defendants (1)

• ALBEMARLE CORPORATION (ETHY CORPORATION)Named in complaintNamed in settlement

Facilities (2)

• ETHYL CORPORATION

  1000 N. S. AVE., PASADENA, TX, 77503

  Registry ID: 110067263071

• ETHYL CORPORATION

  1000 N. S. AVE., PASADENA, TX, 77503

  Registry ID: 110067263071

Statutes cited

• RCRA OTHER — Violations not covered elsewhere

Enforcement conclusions (1)

• ALBEMARLE CORPORATION (ETHYL CORPORATION)entered 1997-03-27

  Primary law: RCRA

  Federal penalty: $8,000

Timeline (5 milestones)

• 1995-06-29Enforcement Action Data Entered
• 1995-06-29Complaint Filed/Proposed Order
• 1997-03-27Final Order Issued
• 1997-04-28Compliance Achieved
• 1997-06-10Enforcement Action Closed