EPA v. WESTINGHOUSE ELECTRIC CO LLC

Case summary

The RCRA Region 8 enforcement program reached a settlement in Principle with Westinghouse Electric Company, LLC for violations at its Western Zirconium facility (Facility) in Ogden, UT, for failure to not properly characterize certain waste streams at the facility. The Facility recovers zirconium and hafnium from zirconium oxide crystals. During the production process, magnesium chloride is also produced and is currently being sold as a useful product. However, from approximately March 2009 until November 2010, some of the magnesium chloride produced was shipped and disposed as a solid waste. The Region with assistance from HQ and NEIC performed an inspection at the facility in FY12. Information and sampling data gathered during the RCRA inspection and review of historical documents determined that Westinghouse had not properly characterized the magnesium chloride as a “reactive” hazardous waste. Region 8 engaged in extensive discussions with UDEQ and finally determined it would take the lead for enforcement of these violations. Region 8 then contacted the company to determine its interest in negotiating the issues prior to Region 8 filing a complaint.

Defendants (1)

• WESTINGHOUSE ELECTRIC COMPANY LLCNamed in complaintNamed in settlement

Facilities (1)

• WESTERN ZIRCONIUM

  10000 WEST 900 SOUTH, OGDEN, UT, 84404

  Registry ID: 110072152860

Statutes cited

• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste

Enforcement conclusions (1)

• WESTINGHOUSE ELECTRIC CO LLCentered 2014-07-29

  Primary law: RCRA

  Federal penalty: $111,000

Timeline (4 milestones)

• 2014-07-29Final Order Issued
• 2014-07-29Complaint Filed/Proposed Order
• 2014-08-22Enforcement Action Closed
• 2014-08-27Enforcement Action Data Entered