EPA v. HEMPEL COATINGS (USA) INC., A NEW YORK CORPORATION

Case summary

1. SECTION 16 OF THE TOXIC SUBSTANCES CONTROL ACT, AS AMEND- ED ( TSCA ), 15 U.S.C. SECTION 2615. SECTION 3008(A) OF THE RESOURCE CONSERVATION AND RECOVERY ACT ( RCRA ), 42 U.S.C. SECTION 6928(A0, AND SECTION 309(G) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(G). 2. HEMPEL COATINGS (USA) INC., A NEW YORK CORPORATION 6901 CAVALCADE STREET HOUSTON, HARRIS COUNTY, TEXAS 77028 3. RESPONDENT WAS IN VIOLATION OF SECTION 15(3)(B) OF TSCA BY (1) FAILURE TO SUBMIT 7 CHEMICAL SUBSTANCES TO BE IN- CLUDED IN THE 1994 INVENTORY UPDATE REPORT, SECTIONS 4, 15(1)(A) AND 15(B) OF TSCA BY (2) FAILURE TO SUBMIT A LETTER OF INTENT TO TEST OR AN EXEMPTION APPLICATION, SUBTITLE C OF RCRA BY (3) OPERATIMG A HAZARDOUS WASTE STORAGE UNIT (MAIN WASTE CONTAINER STORAGE AREA) WITHOUT A PERMIT OR INTERIM STATUS AS A RESULT OF FAILING TO MEET THE EXEMPTION REQUIREMEMTS, (4) OPERATING HAZARDOUS WASTE STORAGE UNITS (AREA NEAR THE PROPANE TANKS, AREA NEAR THE FENCE LINE WEST OF THE RAILROAD TRACKS, AND UNDER THE CANOPY BETWEEN THE MANUFACTURING AREA AND THE RAILROAD TRACKS) WITHOUT A PERMIT OR INTERIM STATUS AS A RESULT OF FAILING TO MEET THE EXEMPTION REQUIREMENTS, (5) OPERATING HAZARDOUS WASTE STORAGE UNITS (NORTH, SOUTH, AND MIDDLE MANUFACTURING SATELLITE ACCUMULATION AREAS) WITHOUT A PERMIT OR INTERIM STATUS AS A RESULT OF FAILING TO MEET THE EXEMPTION REQUIREMENTS, (6) OPERATING A HAZARDOUS WASTE STORAGE UNIT (AREA ADJACENT TO THE FACILITY'S CAN CRUSHER) WITHOUT A PERMIT OR INTERIM STATUS AS A RESULT OF FAILING TO MEET THE EXEMPTION REQUIREMENTS, AND (7) FAILURE TO PROPERLY PREPARE MANIFESTS BY INCLUDING AN IN- ACCURATE GENERATOR IDENTIFICATION NUMBER, AND SECTION 301 OF THE CWA BY (8) FAILURE TO OBTAIN NPDES PERMIT COVERAGE FOR STORM WATER DISCHARGES FROM INDUSTRIAL ACTIVITY. 4. PURSUANT TO SECTIONS 16 OF TSCA, 3008(A0 OF RCRA, AND 309(G) OF THE CWA, EPA PROPOSED A CIVIL PENALTY OF $144,000 FOR THE TSCA VIOLATIONS CITED, $15,395 FOR THE RCRA VIOLATIONS CITED, AND $9,066 FOR THE CWA VIOLATION CITED. THE PROPOSED TOTAL CIVIL PENALTY IS $161,461. 5. OTHER CASE OFFICERS: DOROTHY CRAWFORD - 6EN-HT TAYLOR SHARPE - 6EN-WT

Defendants (1)

• HEMPEL COATINGS (USA) INC.Named in complaintNamed in settlement

Facilities (1)

• HEMPEL COATINGS USA INCORPORATED

  6901 CAVALCADE, HOUSTON, TX, 77028

  Registry ID: 110000461321

Statutes cited

• TSCA 4 — Testing of Chemical Substances and Mixtures
• RCRA 3005A — Res Conserv & Rec Act
• CWA 301 — NPDES Discharge without a Permit
• TSCA 8 — Reporting & Retention of Information

Enforcement conclusions (1)

• HEMPEL COATINGS (USA), INC.entered 1999-02-24

  Primary law: TSCA

  Federal penalty: $103,216

Timeline (5 milestones)

• 1998-09-25Complaint Filed/Proposed Order
• 1998-09-28Enforcement Action Data Entered
• 1999-02-24Final Order Issued
• 1999-03-30Compliance Achieved
• 1999-04-06Enforcement Action Closed