EPA v. EXXON CHEMICAL AMERICAS

Case summary

1. SECTION 3008 OF THE RESOURCE CONSERVATION AND RECOVERY ACT ( RCRA ), 42 U.S.C. SECTION 6928. 2. EXXON CHEMICAL AMERICAS 5000 BAYWAY DRIVE BAYTOWN, HARRIS COUNTY, TEXAS 77520-2123 3. REGION 6 COLLECTED GROUND WATER SAMPLES AT THE FACILITY AND FOUND ELEVATED LEVELS OF HAZARDOUS CONSTITUENTS. THE LEVELS ARE GREATER THAN BOTH EPA MAXIMUM CONTAMINANT LEVEL (MCL) AND TRNCC GROUND WATER PROTECTION STANDARD. EVIDENCE OF THE ELEVATED LEVELS OF HAZARDOUS CONSTITUENTS IS REPORTED TO BE PRESENT IN THE MORE RECENT GROUND WATER SAMPLES COLLECTED BY EXXON. THE ELEVATED LEVELS INDICATE A RELEASE OF HAZARDOUS CONSTITUENTS TO THE ENVIRONEMENT RESULTING FROM HISTORIC OPERATION OF THE FACILITY. 4. RELIEF SOUGHT PURSUANT TO SECTION 3013 OF RCRA, EPA SENT A LETTER INVITING THE RESPONDENT TO CONDUCT REMEDIAL AC- TIVITIES TO ADDRESS CONTAMINATED GROUND WATER AT THE FA- CILITY. EPA REQUESTS THAT WITHIN 60 DAYS OF RECEIPT OF THIS LETTER, EXXON CHEMICAL SUBMIT A SAMPLING AND ANALY- SIS - INVESTIGATION WORK PLAN TO EPA FOR REVIEW AND COM- MENT AND THAT WITHIN ONE WEEK OF RECEIVING THE LETTER, RESPOND TO EPA WITH A LETTER CLEARLY STATING EXXON'S IN- TENT TO CONDUCT CORRECTIVE ACTION ACTIVITIES TO REMEDIATE CONTAMINATION AT THE FACILITY AS STATED IN AN EPA AP- PROVED WORK PLAN.

Defendants (1)

• EXXON CHEMICAL AMERICASNamed in settlement

Facilities (2)

• EXXON MOBIL CHEMICAL COMPANY BAYTOWN CHEMICAL PLANT

  5000 BAYWAY DRIVE, BAYTOWN, TX, 775224004

  Registry ID: 110000463178

• EXXON MOBIL CHEMICAL COMPANY BAYTOWN CHEMICAL PLANT

  5000 BAYWAY DRIVE, BAYTOWN, TX, 775224004

  Registry ID: 110000463178

Statutes cited

• RCRA 3013 — Monitoring, Analysis, Testing

Enforcement conclusions (1)

• EXXON CHEMICAL AMERICASentered 1999-10-04

  Primary law: RCRA

Timeline (4 milestones)

• 1999-09-17Complaint Filed/Proposed Order
• 1999-10-04Final Order Issued
• 2000-05-10Enforcement Action Data Entered
• 2018-09-05Enforcement Action Closed