2022 EPA CONSENT LEXIS 2

2022 EPA CONSENT LEXIS 2

Opinion

  CONSENT DECREE  

  WHEREAS, Plaintiffs, the United States of America ("United States"), on behalf of the United States Environmental Protection Agency ("EPA"), and the Louisiana Department of Environmental Quality ("LDEQ"), an agency of the State of Louisiana to which the Louisiana Legislature has delegated the power and duty to enforce the Louisiana Environmental Quality Act ("EQA"), La. R.S. 30:2001 et seq., and Louisiana Environmental Quality Regulations, including the authority to bring actions in courts of competent jurisdiction for violations of the EQA and Louisiana's Hazardous Waste Regulations [*3]  (Louisiana Administrative Code ("LAC"), 33:V. Subpart 1), (together the "Plaintiffs"), have filed a Complaint alleging that Defendant, PCS Nitrogen Fertilizer, L.P. ("PCS Nitrogen"), at its former phosphoric acid fertilizer facility ("Facility") located in Geismar, Louisiana, has violated the Resource Conservation and Recovery Act ("RCRA"), 42 United States Code ("U.S.C.") §§ 6901 et seq., La. R.S. 30:2171 et seq., and the applicable regulations in 40 C.F.R. Parts 260-270, and LAC 33:V. Subpart 1;

  WHEREAS, the Complaint includes allegations, disputed by PCS Nitrogen, that PCS Nitrogen failed to characterize and illegally treated, stored, and disposed of: hazardous waste from Innophos, Inc.; wastes from the chlorosulfonic acid unit at the sulfuric acid plant; wastes generated during cleaning of phosphoric acid plant equipment; wastes generated from spills, leaks, and railcar cleaning; wastewaters generated from the scrubbers used to control air pollution from the phosphoric acid plants and other chemical and waste management processes at its Facility without a RCRA permit or interim status. The Complaint also alleges, and PCS Nitrogen disputes, that PCS Nitrogen illegally placed hazardous wastes in a Phosphogypsum Stack [*4]  System for managing phosphoric acid wastes exempt from hazardous waste regulation pursuant to the Bevill Exclusion, 40 C.F.R. § 261.4(b)(7), thus violating Sections 3004 and 3005 of RCRA, 42 U.S.C. §§ 6924-25, and the applicable regulations in 40 C.F.R. Parts 260-270, and La. R.S. 30:2171 et. seq., and the applicable regulations in LAC 33:V. Subpart 1, and that those hazardous wastes remain in the Phosphogypsum Stack System;

  WHEREAS, pursuant to a Consent Decree entered on October 3, 2017 (Civil Action No. 17-26-SDD-RLB), Innophos, Inc., ceased sending wastes that the Complaint alleges to be hazardous to the PCS Nitrogen Facility for disposal at the Facility as alleged in the Complaint, and resolved claims of the United States and the State of Louisiana against Innophos, Inc., in relation to such activities through such Consent Decree;

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