EPA v. WESTERN ENVIRONMENTAL OF OKLAHOMA LLC., AN OKLAHOMA CORP.

Case summary

1. SECTION 113(A)(3) OF THE CLEAN AIR ACT ( CAA ), 42 U.S.C. SECTION 7413(A)(3). 2. WESTERN ENVIRONMENTAL OF OKLAHOMA LLC., AN OKLAHOMA CORP. FACILITY: LACOSTEX REFINERY 11600 CARLE LA COSTE, MEDINA COUNTY, TEXAS 78039 3. RESPONDENT WAS IN VIOLATION OF THE NESHAP REGULATIONS AND SECTION 112 OF THE CAA BY 1) NOT PERFORMING A THOROUGH INSPECTION OF THE FACILITY FOR THE PRESENCE OF ASBESTOS- CONTAINING MATERIAL, PRIOR TO DEMOLITION OF THE COMPON- ENTS AT THENFACILITY, 2) NOT PROVIDING THE RA WITH WRIT- TEN NOTICE OF INTENTION TO DEMOLISH THE COMPONENTS AT THE FACILITY AT LEAST 10 DAYS BEFORE PERFORMING DEMOLITION WORK THAT WOULD INCLUDE ASBESTOS STRIPPING OR REMOVAL OR WOULD DISTURB ASBESTOS-CONTAINING MATERIAL, 3) NOT REMOV- ING ANY RACM FROM THE FACILITY BEING DEMOLISHED BEFORE DEMOLITION ACTIVITY BEGAN THAT BROKE UP AND DISLODGED THE ASBESTOS-CONTAINING MATERIAL, AND 4) FAILING TO DEPOSIT ALL ASBESTOS-CONTAINING WASTE MATERIAL AS SOON AS PRACTI- CAL. 4. RELIEF SOUGHT PURSUANT TO SECTION 113(A)(3) OF THE CAA, EPA ISSUED AN ADMINISTRATIVE COMPLIANCE ORDER (ACO) ORDERING THE RESPONDENT TO: A) IMMEDIATELY CEASE DEMOLI- TION OF THE COMPONENTS OF THE FACILITY UNTIL SUCH TIME AS THEY HAVE COMPLIED WITH THE FOLLOWING REQUIREMENTS AND OBTAINED FROM THE TX. DEPT. OF HEALTH FOR THE DEMOLITION TO RECOMMENCE, B) SUBMIT A COMPLETED NOTICE OF INTENTION TO DEMOLISH OR RENOVATE FOR THE FACILITY 10 DAYS PRIOR TO BEGINNING FURTHER DEMOLITION WORK, C) HAVE THE FACILITY INSPECTED AND PROVIDE A COPY OF THE INSPECTION REPORT TO EPA AND THE TX. DEPT. OF HEALTH, D) DEVELOP AND SUBMIT TO THE TX. DEPT. OF HEALTH WITH A COPY TO EPA, A WRITTEN PLAN TO COLLECT, CONTAINERIZE, AND DISPOSE OF ALL OF THE ASBESTOS-CONTAINING MATERIAL THAT HAVE BEEN STRIPPED FROM THE FACILITY DURING DEMOLITION ACTIVITIES, E) SUBMIT THE PROPOSED PLAN TO EPA AND THE TX. DEPT. OF HEALTH FOR RE- VIEW AND COMMENT WITHIN 15 DAYS OF THE EFFECTIVE DATE OF THE ORDER, F) PERFORM COLLECTION AND DISPOSAL OF THE MAT- ERIAL IN A MANNER CONSISTENT WITH, AND WITHIN THE SCHED- ULE IN THE APPROVED PLAN, G) PLAN MAY BE REVISED UPON SHOWING OF GOOD CAUSE BY RESPONDENT, H) WITHIN 30 DAYS OF COMPLETION OF THE ACTIVITIES IN THE PLAN, SUBMIT A FINAL REPRT TO THE TX. DEPT. OF HEALTH, WITH A COPY RO EPA, DE- SCRIBING IN DETAIL THE ACTUAL COURSE AND RESULTS OF THE CLEANUP PROJECT, AND I) THE FINAL REPORT SHALL BE SIGNED AND CERTIFIED BY THE APPROPRIATE RESPONSIBLE CORPORATE OFFICER.

Defendants (1)

• WESTERN ENVIRONMENTAL OF OKLAHOMA LLC.Named in complaintNamed in settlement

Facilities (1)

• LA COSTEX REFINERY

  11600 CARLE, LA COSTE, TX, 78039

  Registry ID: 110009313046

Statutes cited

• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• WESTERN ENVIRONMENTAL OF OKLAHOMA LLC.entered 1998-03-06

  Primary law: CAA

Timeline (4 milestones)

• 1998-03-06Complaint Filed/Proposed Order
• 1998-03-06Final Order Issued
• 1998-03-09Enforcement Action Data Entered
• 2009-08-06Enforcement Action Closed