EPA v. MEMC SOUTHWEST

Case summary

1. VOLUNTARY DISCLOSURE PURSUANT TO THE EPA'S POLICY GUID- ANCE, INCENTIVES FOR SELF-POLICING: DISCOVERY, DISCLOS- URE, CORRECTION AND PREVENTION OF VIOLATION . 2. MEMC SOUTHWEST 6800 HIGHWAY 75 SOUTH SHERMAN, GRAYSON COUNTY, TEXAS 75091 3. RESPONDENT, UNDER THE SELF-POLICING POLICY, DISCLOSED VIOLATIONS OF SECTION 110 OF THE CAA BY: 1) AIR POLLUTION ABATEMENT EQUIPMENT HAS NOT BEEN MONITORED AS REQUIRED BY THE AIR PERMIT, AND VIOLATIONS OF SECTION 3002 OF RCRA BY: 1) FAILING TO HAVE A HAZARDOUS WASTE CONTINGENCY PLAN AND 2) TRAINING FOR INCIDENT COMMAND. 4. RELIEF SOUGHT PURSUANT TO THE SELF-POLICING POLICY, EPA WILL REVIEW THE RESPONDENT'S DISCLOSURE, CORRECTION AND PREVENTION OF RECURRENCE AND PAST COMPLIANCE HISTORY, AND MAKE A DETERMINATION AS TO THE RESPONDENT'S QUALIFICATION TO THE SELF-POLICING POLICY AND IF EPA WILL SEEK GRAVITY- BASED PENALTIES OR NOT. 5. OTHER TECHNICAL CONTACT: AIR - TONY ROBLEDO.

Defendants (1)

• MEMC SOUTHWESTNamed in settlement

Facilities (1)

• MEMC SOUTHWEST INCORPORATED

  6800 HWY. 75 S., SHERMAN, TX, 75091

  Registry ID: 110000744482

Statutes cited

• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste
• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards

Enforcement conclusions (1)

• MEMC SOUTHWESTentered 2002-12-12

  Primary law: CAA

Timeline (3 milestones)

• 2001-01-25Complaint Filed/Proposed Order
• 2001-02-09Enforcement Action Data Entered
• 2002-12-12Final Order Issued