EPA v. CYTEC ENGINEERED MATERIALS, INC.

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. CYTEC ENGINEERED MATERIALS INC. 4300 JACKSON STREET GREENVILLE, HUNT COUNTY, TEXAS 75401 3. RESPONDENT, UNDER THE SELF-POLICING POLICY, DISCLOSED VIOLATIONS OF; A) SECTION 301 OF THE CWA - 1) FAILURE TO FILE A NOTICE OF INTENT BY NOV. 19, 2001, AS REQUIRED; B) SECTION 103(A) OF CERCLA - 1) SUBMITTED INCOMPLETED 2001 TIER II FORMS; C) SECTIONS 3002 AND 3004 OF RCRA - 1) JOB DESCRIPTIONS DID NOT INDICATE WHICH EMPLOYEES MANAGE HAZ- ARDOUS WASTES; 2) WEEKLY INSPECTIONS WERE NOT CONDUCTED; 3) THE RCRA CONTINGENCY PLAN HAS NOT BEEN REVIEWED OR UP- DATED; AND D) SECTIONS 605, 110 AND 111 OF THE CAA - 1) NO ONSITE DOCUMENTATION ON REFRIGERANT USE AND SERVICING; 2) EMISSION SOURCES ARE NOT MARKED WITH IDENTIFICATION NUMBER AS REQUIRED; 3) NO DOCUMENTATION TO DEMOSTRATE THAT THE NATURAL GAS PROVIDED MEETS PERMIT REQUIRED SUL- FUR LIMIT; 4) INADEQUATE OXIDIZER TEMPERATURE DOCUMENTA- TION; 5) PROCEDURES FOR OPERATING OXIDIZERS NOT POSTED NEAR OPERATOR STATIONS AS REQUIRED; 6) INADEQUATE MONTHLY REPORTS OF VOC AND HAP EMISSIONS; 9) NO DOCUMENTATION ON NATURAL GAS USE FOR EACH INDIVIDUAL OXIDIZER AS REQUIRED; AND 10) NO DOCUMENTATION ON SEMI-ANNUAL ESTIMATES OF ACTUAL VOC USAGE FOR THE COATING LINES INSTALLED/MODIFIED POST-1987 TO DEMONSTRATE VOC EMISSIONS. 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 QUALIFI- CATION TO THE SELF-POLICING POLICY AND IF EPA WILL SEEK GRAVITY-BASED PENALTIES OR NOT.

Defendants (1)

• CYTEC ENGINEERED MATERIALS, INC.

Facilities (2)

• CYTEC ENGINEERED MATERIALS INC.

  4300 JACKSON ST, GREENVILLE, TX, 75401

  Registry ID: 110000457880

• CYTEC ENGINEERED MATERIALS INC.

  4300 JACKSON ST, GREENVILLE, TX, 75401

  Registry ID: 110000457880

Statutes cited

• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste
• RCRA 3004 — Hazardous Waste Treatment, Storage, and Disposal Standards
• CWA 301 — NPDES Discharge without a Permit
• CERCLA 103A — Notification of Hazardous Reportable Quantity Release
• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards
• CAA 111 — New Source Performance Standards
• CAA 608 — National Recycling & Emission Reduction Program

Timeline (2 milestones)

• 2002-04-16Complaint Filed/Proposed Order
• 2002-05-22Enforcement Action Data Entered