EPA v. LYONDELL PETROCHEMICAL COMPANY

Case summary

1. SECTION 3008 OF THE RESOURCE CONSERVATION AND RECOVERY ACT ( RCRA ), 42 U.S.C. SECTION 6901 ET SEQ. 2. LYONDELL PETROCHEMICAL COMPANY 12000 LAWNDALE BLVD. HOUSTON, HARRIS COUNTY, TEXAS 77253 3. RESPONDENT WAS IN VIOLATION OF SUBTITLE C OF RCRA BY 1) TO PROPERLY IDENTIFY, LABEL, AND DATE ALL DRUMS AS HAZ- ARDOUS WASTE , 2) FAILING TO TEST THE WASTES IN THE DRUMS MARKED UNKNOWN AND THE DRUMS NOT MARKED AT ALL IN A TIMELY MANNER, 3) FAILING TO LABEL OR OTHERWISE MARK OR IDENTIFY HAZARDOUS WASTE THAT WAS BEING STORED PRIOR TO OFF-SITE TRANSPORTATION, 4) FAILING TO ADEQUATELY POST WARNING SIGNS OR OTHER NOTIFICATIONS TO PREVENT PERSONNEL FROM ENTERING AN ACTIVE HAZARDOUS WASTE MANAGEMENT AREA OF THE FACILITY, 5) BY NOT COMPLETING REPAIRS TO THE DAM- AGED AREA AT THE NORTHWEST CORNER OF THE EAST IMPOUNDMENT BASIN IN A TIMELY MANNER, AND IN ACCORDANCE WITH REGULA- TIONS, 6) FAILING TO ADDRESS THE REQUIREMENTS OF THE REG- ULATIONS FOR EACH HAZARSOUS WASTE MANAGEMENT UNIT, IN- CLUDING THE TIME REQUIRED FOR INTERVENING CLOSURE ACTIVI- TIES FOR TRACKING PURPOSES, AND FOR TOTAL CLOSURE OF THE FACILITY, AND FAILING TO RESPOND TIMELY TO INDICATIONS OF SIGNIFICANT INCREASES IN HAZARDOUS CONCENTRATIONS AND/OR CONSTITUENTS, (OR PH DECREASES), IN THE GROUND-WATER. 4. RELIEF SOUGHT PURSUANT TO SECTION 3008(A) OF RCRA, EPA PROPOSES A CIVIL PENALTY OF $41,000.

Defendants (1)

• LYONDELL PETROCHEMICAL COMPANYNamed in complaintNamed in settlement

Facilities (2)

• LYONDELL CITGO REFINING COMPANY LIMITED

  12000 LAWNDALE, HOUSTON, TX, 77017

  Registry ID: 110058113704

• LYONDELL CITGO REFINING COMPANY LIMITED

  12000 LAWNDALE, HOUSTON, TX, 77017

  Registry ID: 110058113704

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)

• LYONDELL PETROCHEMICAL COMPANYentered 1996-09-26

  Primary law: RCRA

  Federal penalty: $41,000

Timeline (5 milestones)

• 1996-09-26Enforcement Action Data Entered
• 1996-09-26Complaint Filed/Proposed Order
• 1996-09-26Final Order Issued
• 1996-10-15Compliance Achieved
• 1996-10-15Enforcement Action Closed