EPA v. FINA OIL & CHEMICAL COMPANY

Case summary

1. SECTION 3008 OF THE RESOURCE CONSERVATION AND RECOVERY ACT ( RCRA ), 42 U.S.C. SECTION 6901 ET SEQ. 2. FINA OIL & CHEMICAL COMPANY 1818 HIGHWAY 134 AT MILLER CUTOFF ROAD LA PORTE, TEXAS 77571 3. RESPONDENT WAS IN VIOLATION OF SUBTITLE C OF RCRA BY 1) OPERATION OF A BOILER BURNING HAZARDOUS WASTE WITH AN IN- COMPLETE OR AN INACCURATE CERTIFICATION OF COMPLIANCE, 2) EXCEEDANCES OF LIMITS ESTABLISHED IN THE CERTIFICATION OF PRECOMPLIANCE AND COMPLIANCE TEST NOTIFICATION DURING COMPLIANCE TESTING, 3) FAILURE TO CONTINUOUSLY MONITOR AND RECORD EMISSIONS OF CARBON MONOXIDE (CO) AND OXYGEN, 4) OPERATION OF A HAZARDOUS WASTE BOILER WITHOUT AN ADE-` QUATE AUTOMATIC WASTE FEED CUTOFF SYSTEM (AWFCS), 5) FAILURE TO CONDUCT TESTS OF THE AUTOMATIC WASTE FEED CUT- OFF SYSTEM FOR A BOILER BURNING HAZARDOUS WASTE, 6) FAIL- URE TO CREATE AND MAINTAIN AN ADEQUATE OPERATING RECORD FOR A BOILER BURNING HAZARDOUS WASTE, 7) FAILURE TO DE- VELOP AND/OR UPDATE FACILITY WASTE ANALYSIS PLAN, IN- SPECTION PLAN AND SCHEDULE, PERSONNEL TRAINING PLAN, AND CONTINGENCY PLAN, AND 8) OPERATION OF AN INCINERATOR BURNING HAZARDOUS WASTE WITHOUT A PERMIT OR INTERIM STAT- US. 4. RELIEF SOUGHT PURSUANT TO SECTION 3008(A) OF RCRA, EPA PROPOSES A CIVIL PENALTY OF $463,124 AND ISSUES A COMPLI- ANCE ORDER REQUIRING THE RESPONDENT TO SUBMIT A CLOSURE PLAN FOR THE STANDBY COMBUSTION UNIT, WITHIN 90 DAYS OF APPROVAL, IMPLEMENT THE CLOSURE PLAN, WITHIN 60 DAYS OF COMPLETION OF CLOSURE, SUBMIT CERTIFICATION OF CLOSURE, WITHIN 60 DAYS OF COMPLAINT, SUBMIT AN AMENDED NOTIFICA- TION OF HAZARDOUS WASTE MANAGEMENT ACTIVITY, AN AMENDED PART A PERMIT APPLICATION, A PART B PERMIT APPLICATION FOR THE STANDBY COMBUSTION UNIT, WITHIN 120 DAYS OF THE COMPLAINT, REVISE THE CERTIFICATION OF COMPLIANCE TO IN- CLUDE ALL REQUIRED COMPONENTS NECESSARY FOR A COMPLETE AND ACCURATE COC, WITHIN 90 OF THE COMPLAINT, EQUIP THE BOILER'S AWFCS WITH COMPONENT REQUIRED TO ENSURE ACCURATE OPERATING FUNCTIONS AND CONDITIONS, AND SUBMIT A STANDARD OPERATING PROCEDURE (SOP) FOR MONITORING AND INSPECTIONS OF THE BOILER.

Defendants (1)

• FINA OIL & CHEMICAL COMPANYNamed in complaintNamed in settlement

Facilities (1)

• ATOFINA PETROCHEMICALS INCORPORATED

  1818 BATTLEGROUND ROAD, DEER PARK, TX, 77536

  Registry ID: 110000619652

Statutes cited

• RCRA OTHER — Violations not covered elsewhere
• RCRA 3005A — Res Conserv & Rec Act

Enforcement conclusions (1)

• FINA OIL & CHEMICAL COMPANYentered 1996-09-30

  Primary law: RCRA

  Federal penalty: $178,000

Timeline (4 milestones)

• 1996-09-30Enforcement Action Data Entered
• 1996-09-30Complaint Filed/Proposed Order
• 1996-09-30Final Order Issued
• 1996-10-31Enforcement Action Closed