EPA v. KALAMA CHEMICAL , INC.

Case summary

KCI VIOLATED THE NESHAPS FOR BENZENE AND ASBESTOS. KCI ALSO VIOLATED THE TERMS OF A COMPLIANCE ORDER ISSUED IN 1991 AND THE NEW SOURCE PERFORMANCE STANDARDS FOR VOC EMISSIONS FROM SYNTHETIC ORGANIC CHEMICAL MANUFACTURING INDUSTRY DISTILLATION OPERATIONS. RCRA: STORAGE OF HAZARDOUS WASTES (SPENT ACETONE AND METHANOL SOLVENTS) WITHOUT MEETING THE CONDITIONS SET OUT FOR GENERATORS OF HAZ WASTE IN WAC 173-303-200 (40 CFR SECT. 262.34) AND WITHOUT A PERMIT OR INTERIM STATUS IN VIOLATION OF SECTION 3005 OF RCRA. -FAILURE TO IDENTIFY A PRIMARY EMERGENCY COORDINATOR IN THE FACILITY EMERGENCY PLANS IN VIOLATION OF WAC 173-303-350(3)(D) -FAILURE TO KEEP LIDS OF HAZ. WASTE CONTAINERS CLOSED, IN VIOLATION OF 40 CFR SECT. 265.173(A). FAILURE TO INCLUDE LAND DISPOSAL RESTRICTION NOTIFICATIONS WITH OFF-SITE SHIPMENTS OF HAZARDOUS WASTE IN VIOLATION FO 40 CFR SECT 268.7(A)(1). CAA PENALTY SOUGHT: BENZENE NESHAP $662,500. ASBESTOS NESHAP $136,000. ========= $798,500 RCRA PENALTY SOUGHT: $294,500. RCRA: REGION 10 IS IN THE PROCESS OF WITHDRAWING THE RCRA PORTION OF THIS REFERRAL. THE REGION HAS RECEIVED INFORMATION FROM KALAMA CHEMICAL THAT KALAMA DID IN FACT INCLUDE LDR NOTIFICATIONS WITH THEIR OFF-SITE SHIPMENTS OF HAZARDOUS WASTE. THE OTHER RCRA COUNTS ARE BEING DROPPED AS THEY INVOLVE VERY SMALL AMOUNTS OF HAZARDOUS WASTE OR ARE MINOR RCRA VIOLATIONS. THIS REFERRAL WILL PROCEED UNDER THE CAA, HOWEVER.

Defendants (1)

• KALAMA CHEMICAL, INC.Named in complaintNamed in settlement

Facilities (2)

• NOVEON INC

  1296 NW 3RD ST, KALAMA, WA, 98625

  Registry ID: 110000490816

• NOVEON INC

  1296 NW 3RD ST, KALAMA, WA, 98625

  Registry ID: 110000490816

Statutes cited

• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste
• RCRA 3004 — Hazardous Waste Treatment, Storage, and Disposal Standards
• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste
• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• KALAMA CHEMICAL , INC.entered 1997-03-31

  Primary law: CAA

  Federal penalty: $370,000 · State/local: $185,000

Timeline (7 milestones)

• 1991-04-30Enforcement Action Data Entered
• 1992-07-10Referred To Dept Of Justice
• 1995-09-15Complaint Filed With Court
• 1997-03-28Final Order Lodged
• 1997-03-31Final Order Entered
• 1997-03-31Concluded
• 2006-05-19Enforcement Action Closed