EPA v. E.I. du Pont de Nemours and Company-Sabine River-Multi Media Consent Decree

Case summary

The proposed Consent Decree resolves Resource Conservation and Recovery Act (RCRA) violations concerning the identification, treatment, storage and disposal of hazardous waste, non-compliance with the Clean Water Act (CWA) permitting requirements and Clean Air Act (CAA) violations of the Benzene Waste Operations NESHAP (BWON) and Miscellaneous Organic Chemical Manufacturing NESHAP (MON). Under the proposed settlement, DuPont will hire a third-party contractor to conduct a one-time independent compliance audit specifically tailored to each of the three media. For RCRA, the third-party auditor will identify all waste streams, make a determination of the regulatory status of each waste and document the evaluation results. DuPont will conduct a review of its pH exceedance and tracking system and update the system, if necessary and investigate the extent of contamination of sediments and soils under several impoundments and conduct remediation, if necessary, in accordance with the Texas Risk Reduction Program. The CAA audit will evaluate compliance with the BWON and the MON. Under the CWA, the third-party auditor will assess whether the wastewater collection, conveyance and treatment systems in place are adequate to ensure and maintain compliance with Section 301 of the Clean Water Act. The settlement includes a penalty to be split with the State of Texas who is a co-plaintiff on the Consent Decree and has worked closely and cooperatively in this matter.

Defendants (1)

• E.I. du Pont de Nemours and CompanyNamed in complaintNamed in settlement

Facilities (6)

• DOW CHEMICAL SABINE RIVER OPERATIONS

  3055 FM 1006, ORANGE, TX, 77630

  Registry ID: 110017746368

• DOW CHEMICAL SABINE RIVER OPERATIONS

  3055 FM 1006, ORANGE, TX, 77630

  Registry ID: 110017746368

• SABINE RIVER OPERATIONS

  FM 1006, ORANGE, TX, 77630

  Registry ID: 110017746368

• DOW CHEMICAL SABINE RIVER OPERATIONS

  3055 FM 1006, ORANGE, TX, 77630

  Registry ID: 110017746368

• SABINE RIVER OPERATIONS

  FM 1006, ORANGE, TX, 77630

  Registry ID: 110017746368

• SABINE RIVER OPERATIONS

  FM 1006, ORANGE, TX, 77630

  Registry ID: 110017746368

Statutes cited

• CWA 301/402 — NPDES Permit Violations
• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste
• RCRA 3004 — Hazardous Waste Treatment, Storage, and Disposal Standards
• CAA 112 — Hazardous Air Pollutants
• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste

Enforcement conclusions (1)

• E.I. du Pont de Nemours and Co-Sabine River Oper-Orange,TX-Multi Media Consent Decreeentered 2022-01-28

  Primary law: RCRA

  Federal penalty: $1,675,000 · State/local: $1,675,000

Timeline (5 milestones)

• 2010-10-05Referred To Dept Of Justice
• 2010-10-14Enforcement Action Data Entered
• 2021-10-13Complaint Filed With Court
• 2021-10-13Final Order Lodged
• 2022-01-28Final Order Entered