EPA v. Ascend Performance Materials

Case summary

On June 25, 2019, the United Stated Environmental Protection Agency (?EPA?) Region 6 enforcement team filed a Consent Agreement and Final Order (?CAFO?) against Ascend to resolve RCRA and CWA violations for an amount of $976,707.00 (The total civil penalty of $976,707.00 is divided between RCRA and CWA as follows: RCRA equaling $909,365.00 and CWA equaling $67,342.00). The CAFO also includes a comprehensive compliance order. Ascend is located in Alvin, Texas and operates on 2,500 acre integrated chemical manufacturing complex originally developed by Monsanto, which commenced operations in 1962. The facility was acquired by Ascend in 2009, and currently houses at least five owners of different chemical units inside a single fence line under one EPA identification number for RCRA, one CWA permit, and individual reporting for EPCRA. Pursuant to RCRA and the regulations promulgated thereunder, Ascend is a large quantity generator of hazardous waste and operates also as a hazardous waste treatment, storage, disposal facility. Ascend is the largest generator of hazardous waste in the US. The EPA R6 and HQs inspected Ascend in 2015 and again in September 2017 that identified violations under RCRA and CWA. The RCRA violations include: storage without a permit; operating auxiliary equipment without secondary containment; violation of Ascend?s RCRA permit; management of hazardous waste in sumps without meeting the applicable RCRA requirements; waste analysis plans that do not comply with RCRA; treatment of hazardous waste without a permit; and failure to inspect and monitor air pollution control devices. The CWA violation includes at least 13 exceedances of Ascend?s NPDES. Regarding the compliance order, Ascend has taken the necessary steps to remedy several of the violations and areas of concern identified in the 2015 and 2017 inspections and will begin taking additional action on the effective date of the Consent Agreement and Final Order (?CAFO?) through 2019 and 2020 to achieve full compliance with the CAFO, including the payment of the civil penalty thirty days after the effective date of the CAFO.

Defendants (1)

• Ascend Performance MaterialsNamed in complaintNamed in settlement

Facilities (8)

• ASCEND PERFORMANCE MATERIALS LLC

  FM 2917, ALVIN, TX, 775129888

  Registry ID: 110070377148

• ASCEND PERFORMANCE MATERIALS CHOCOLATE BAYOU PLANT

  ADJ FMR 2917, APROX 1.25 MI NW INTEX FMR 2917, ALVIN, TX, 77512

  Registry ID: 110070377148

• ASCEND PERFORMANCE MATERIALS LLC

  FM 2917, ALVIN, TX, 775129888

  Registry ID: 110070377148

• ASCEND PERFORMANCE MATERIALS CHOCOLATE BAYOU PLANT

  ADJ FMR 2917, APROX 1.25 MI NW INTEX FMR 2917, ALVIN, TX, 77512

  Registry ID: 110070377148

• ASCEND PERFORMANCE MATERIALS CHOCOLATE BAYOU PLANT

  ADJ FMR 2917, APROX 1.25 MI NW INTEX FMR 2917, ALVIN, TX, 77512

  Registry ID: 110070377148

• ASCEND PERFORMANCE MATERIALS LLC

  FM 2917, ALVIN, TX, 775129888

  Registry ID: 110070377148

• ASCEND PERFORMANCE MATERIALS CHOCOLATE BAYOU PLANT

  ADJ FMR 2917, APROX 1.25 MI NW INTEX FMR 2917, ALVIN, TX, 77512

  Registry ID: 110070377148

• ASCEND PERFORMANCE MATERIALS LLC

  FM 2917, ALVIN, TX, 775129888

  Registry ID: 110070377148

Statutes cited

• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste
• CWA 301/402 — NPDES Permit Violations
• RCRA 3008A — Compliance Order: Injunctive & Penalty

Enforcement conclusions (1)

• Ascend Performance Materialsentered 2019-06-25

  Primary law: RCRA

  Federal penalty: $976,707

Timeline (3 milestones)

• 2019-06-25Final Order Issued
• 2019-06-25Complaint Filed/Proposed Order
• 2019-06-26Enforcement Action Data Entered