EPA v. Innophos Inc.

Case summary

On January 12, 2017, the Department of Justice (DOJ), on behalf of the US Environmental Protection Agency (EPA), lodged a consent decree (CD) and filed a complaint in United States District Court for the Middle District of Louisiana. The CD resolves allegations of hazardous waste mismanagement pursuant to the Resource Conservation and Recovery Act (RCRA) at Innophos, Inc., Geismar, LA (Innophos). Innophos is a purified phosphoric acid (PPA) manufacturer. PPA is used in pharmaceuticals and food products and is a significant flavoring additive in cola drinks. The PPA process generates two major waste streams that are corrosive (pH <2.0) and contain concentrations of arsenic, cadmium, and chromium above regulatory levels. On a daily basis, Innophos would send over 850,000 pounds of these wastes for land-disposal at a neighboring facility which was not permitted to receive, treat, or dispose hazardous waste. (The neighboring facility is the subject of a separate DOJ Referral and EPA Enforcement action.) The CD requires Innophos to cease sending hazardous waste to unpermitted facilities and to develop RCRA-compliant methods of management. Innophos has already begun treatment of one of the waste streams. Also, Innophos will pay a civil penalty of $1.398 million, to be split 50/50 with the Louisiana Department of Environmental Quality, co-plaintiff in this case. Further, Innophos is currently developing an Underground Injection Control Well System for disposal of the second waste stream. This settlement supports EPA?s National Enforcement Initiative to reduce pollution from mining and mineral processing.

Defendants (1)

• Innophos (Rhodia Chemical Co.)Named in complaintNamed in settlement

Facilities (1)

• INNOPHOS INC - INNOPHOS GEISMAR PLANT

  10810 HWY 75, GEISMAR, LA, 70734

  Registry ID: 110000743385

Statutes cited

• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste
• RCRA 3008A — Compliance Order: Injunctive & Penalty
• RCRA 3004 — Hazardous Waste Treatment, Storage, and Disposal Standards

Enforcement conclusions (1)

• Innophos Inc.entered 2017-10-03

  Primary law: RCRA

  Federal penalty: $699,000 · State/local: $699,000

Timeline (6 milestones)

• 2005-09-26Referred To Dept Of Justice
• 2005-10-07Enforcement Action Data Entered
• 2017-01-12Final Order Lodged
• 2017-01-12Complaint Filed With Court
• 2017-10-03Final Order Entered
• 2020-07-21Enforcement Action Closed