NEIC INSPECTION IN 2004 UNCOVERED POTENTIAL VIOLATIONS OF CAA, RCRA, EPCRA, AND CERCLA. THE RCRA VIOLATIONS RELATED TO THE FACLITY'S HAZARDOUS WASTE MANAGEMENT. ROHM & HAAS IS ALLEGED TO HAVE VIOLATED STANDARDS FOR HAZARDOUS WASTE TANK MANAGEMENT, TESTING, MONITORING, TRAINING, AND LAND DISOSAL RESTRICTIONS. ROHM & HAAS FURTHER FAILED TO SUBMIT A FORM 4 REPORT UNDER EPCRA FOR XYLENE AND DID NOT TIMELY REPORT RELEASES OF 1,3-BUTADIENE TO THE NRC IN VIOLATION OF CERCLE.
DEFENDANTS: ROHM & HAAS CHEMICALS LIKELY TO BE A DEFENDANT. POSSIBLY ROHM & HAAS COMPANY AS WELL.
NATURE OF RELIEF REQUESTED: PENALTIES MAINLY, POSSIBLE INJUNCTIVE RELIEF UNLESS THEY'VE CORRECTED EVERYTHING ALREADY.
SPECIAL FACTS OR CIRCUMSTANCES: THIS CASE IS CONSISTENT WITH OTHER RCRA, EPCRA, AND CERCLA CASES. LOCATED IN AN EJ AREA, WHICH WAS THE REASON FOR THE NEIC INSPECTION.
CAA REFERRAL SUMMARY: THE VIOLATIONS DESCRIBED IN THIS REFERRAL WERE IDENTIFIED DURING A MULTI-MEDIA COMPLIANCE INVESTIGATION. THE INVESTIGATION WAS CONDUCTED ON JULY 6-15,2004, BY THE NATIONAL ENFORCEMENT INVESTIGATIONS CENTER (NEIC), AT THE REQUEST OF EPA REGION 4. BASED ON NEIC'S INVESTIGATION, THE FOLLOWING VIOLATIONS WERE IDENTIFIED:
1. SECTION 110 (STATE IMPLEMENTATION PLANS FOR NATIONAL PRIMARY AND SECONDARY AMBIENT AIR QUALITY STANDARDS) OF THE CAA, BY VIOLATING SECTIN 182(b) (PLAN PROVISIONS FOR REASONABLE FURTHER PROGRESS) OF THE CAA, AND LOUISVILLE METROPOLITAN AIR POLLUTION CONTROL DISTRICT (APCD)