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EPA ANNOUNCES ENFORCEMENT INITIATIVE UNDER THE BOILER AND INDUSTRIAL FURNACE RULE OF RCRA

 EPA ANNOUNCES ENFORCEMENT INITIATIVE
 UNDER THE BOILER AND INDUSTRIAL FURNACE RULE OF RCRA
 ATLANTA, Sept. 3 /PRNewswire/ -- The U.S. Environmental Protection Agency Region IV announced today that it has taken enforcement action against nine facilities in the Southeast for violating environmental laws concerning the burning of hazardous waste in boilers and industrial furnaces.
 The agency filed nine administrative actions seeking $6,831,304 in penalties. All cases involve violations of the Boiler and Industrial Furnace (BIF) Rule under the Resource Conservation and Recovery Act (RCRA), as amended.
 Administrative Complaint and Compliance Orders have been issued to: 3V Chemical Corporation, Georgetown, S.C.; Giant Cement Company, Harleyville, S.C.; DSM Chemicals North America, Augusta, Ga.; NutraSweet Corporation, Augusta, Ga.; ICI Acrylics, Inc., Olive Branch, Miss.; Arizona Chemical Company, Gulfport, Miss.; Dixie Cement Company, Knoxville, Tenn.; Lefarge Cement Company, Demopolis, Ala.; and Diversified Chemical, Kingston, Tenn.
 The complaints allege violations ranging from inadequate record- keeping to the operation of a facility without a permit or interim status. Assessed penalties range from $171,250 to $1,812,750.
 Greer C. Tidwell, EPA regional administrator in Atlanta, said: "Enforcement of environmental laws, of course, is one of EPA's top priorities. The agency will continue to pursue enforcement action against boiler and industrial furnace operators who operate illegally and in ways that could potentially cause harm to human health and the environment."
 The BIF regulation represents an important step in environmental protection because, for the first time, it brings all facilities burning hazardous waste under full RCRA regulation. BIFs include industrial boilers, utility boilers, cement kilns, and other industrial furnaces which substitute hazardous waste for either fuel or raw materials. EPA has determined that improper burning of hazardous waste in these devices has the potential for adverse impacts on public health and the environment. The BIF regulation combines established emission standards with site-specific operating requirements to ensure that BIF devices burning hazardous waste will not emit hazardous materials at levels which are determined to be harmful to human health.
 Although the initial phases of the regulation are self-implementing, EPA Region IV has conducted considerable overview to ensure complete and adequate compliance. Since the effective date of the BIF Rule, Aug. 21, 1991, EPA's overview and compliance initiative has resulted in the following actions: inspections and/or interim status evaluations at 29 BIF facilities; issuance of 12 Notices of Violation; determinations that two facilities did not achieve interim status; and the acceptance of Class 1 permit modifications from 12 facilities. Currently, EPA Region IV is processing permit applications to move 15 BIF facilities out of interim status to full permit status.
 The orders, issued to the following facilities, resulted from joint inspections conducted by EPA and state agencies. Additional enforcement actions, if warranted, will be taken as EPA and the states continue this enforcement initiative.
 Lefarge Cement Company, Demopolis, Ala., operates a cement kiln which burns waste-derived fuels for energy recovery in the production of Portland cement. Violations noted during an EPA inspection included: failure to monitor and record waste feed rates; failure to maintain adequate record-keeping; inadequate waste analysis; and failure to make a hazardous waste/Bevill (Amendment) determination. The order assesses a civil penalty of $1,812,750.
 3V Chemical Corporation, a privately owned subsidiary of 3V Partecipazioni Industriali, Bergamo, Italy, operates as a specialty chemical manufacturer in Georgetown, S.C. The facility burns hazardous waste in an on-site boiler for energy recovery and steam generation for plant operations. The order alleges, in addition to several other violations, that the facility operated without a permit or interim status. The civil penalty assessment is $1,701,804.
 Giant Cement Company, Harleyville, S.C., manufactures Portland cement. The company substitutes hazardous waste fuel for fossil fuel during the manufacturing process. The order alleges that the company failed to make proper hazardous waste/Bevill determinations; failed to maintain an adequate waste analysis plan; failed to conduct and document inspections; and burned hazardous waste with a heating value less than 5,000 BTU/lb. The civil penalty assessment is $1,622,750.
 DSM Chemicals North America, Augusta, Ga., manufactures caprolactam, a chemical intermediate used to produce nylon. The company burns hazardous waste in an on-site boiler to recover energy and produce steam for plant operations. EPA alleges that the company failed to prepare a waste analysis plan; exceeded the feed capacity; and failed to comply with several record-keeping requirements. The civil penalty assessment is $487,500.
 ICI Acrylics, Inc., Olive Branch, Miss., manufactures acrylic plastics. The company burns hazardous waste in a boiler used to heat oil to maintain the proper reaction temperature. Violations noted during the on-site inspection include: failure to maintain and implement an adequate plan for hazardous waste analysis; failure to monitor the hazardous waste feed rate continuously; and several record- keeping infractions. The order assesses a civil penalty of $382,250.
 Arizona Chemical Company, Gulfport, Miss., manufactures hydrocarbon resins used in the production of dyes, inks and other consumer products. Hazardous waste is burned in a boiler to produce steam heat for chemical reactions and for product purification. The company was cited for: failure to conduct adequate hazardous waste chemical analysis; failure to continuously monitor the hazardous waste feed rate; and failure to monitor pumps, valves and flanges for leaks in lines carrying hazardous waste. The order assesses a civil penalty of $274,500.
 Diversified Chemical, Kingston, Tenn., receives spent solvents and scintillation fluids from other facilities. Wastes are burned in an on- site boiler for the purpose of energy recovery. The order cites the company for failure to monitor and record the waste feed rate and steam production rate on a continuous basis. The civil penalty assessment is $190,500.
 The NutraSweet Company, Augusta, Ga., produces Aspartame, an artificial sweetener. Hazardous waste is burned in two boilers for energy recovery and steam generation. The order cites the company for failure to record boiler feed rates; failure to make hazardous waste determinations; and the accumulation of hazardous waste generated on- site for more than 90 days. The civil penalty assessment is $188,000.
 Dixie Cement Company, Knoxville, Tenn., manufactures Portland cement. Hazardous waste is used as a substitute for fossil fuel during the manufacturing process. Violations noted during the inspections included: failure to monitor and record the flow rates into the cement kiln and failure to maintain an adequate waste analysis plan. The civil penalty assessment is $171,250.
 -0- 9/3/92
 /CONTACT: Carl Terry, press office of the U.S. Environmental Protection Agency, Region IV, 404-347-3004/ CO: U.S. Environmental Protection Agency, Region IV ST: Georgia IN: CHM SU: EXE


BN-BR -- AT005 -- 6315 09/03/92 10:18 EDT
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Date:Sep 3, 1992
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