Hazardous Waste Enforcement: U.S. Environmental Protection Agency and Shreveport, Louisiana, Refinery Enter into Consent Agreement

Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.

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The United States Environmental Protection Agency (“EPA”) and Calumet Shreveport Refining, LLC (“Calumet”) entered into an October 25th Consent Agreement and Final Order (“CAFO”) addressing alleged violations of the Resource Conservation and Recovery Act (“RCRA”) regulations.

Calumet operates a refinery (“Facility”) in Shreveport, Louisiana.

The Facility is described as an oil refinery that processes crude oil

From July 2022 through July 2023 EPA is stated to have conducted a RCRA on-site inspection and record review of the Facility’s activities as a generator of hazardous waste. This included a review of information voluntarily provided to EPA by Calumet.

During the inspection EPA is stated to have determined that the Facility, at a minimum, generated and offered for transport and/or treatment hazardous waste having the:

  1. Characteristic of Ignitability: D001 (Ignitability); 2022 (Corrosivity; D003 (Reactivity)
  2. Characteristic for multiple toxicity waste: D005 (Barium); D006 (Cadmium); D007 (Chromium); D009 (Mercury); D010 (Selenium); DOI I (Silver); 0018 (Benzene); 0035 (Methyl ethyl ketone)
  3. F003; F005; F037; F038
  4. K048; KISO; K169; K171
  5. U 154 (Methanol (I)

The Facility is stated to be registered as a Large Quantity Generator. From the inspection, EPA is stated to have determined that the Facility generated the hazardous waste streams in quantities that exceeded the threshold amount of 1000 kilograms.

The following alleged violations are identified in the CAFO:

  • Failure to mark or label containers
  • Failure to comply with accumulation time limit
  • Failure to make an adequate waste determination
  • Failure to mark or label containers in a satellite accumulation area
  • Failure to amend contingency plan

The CAFO requires that Calumet certify that it has assessed all its solid waste streams at the Facility to determine accurate waste codes and has developed and implemented standard operating procedures to ensure that it is operating in compliance with RCRA and the regulations promulgated thereunder. Further, it is required to certify that it has provided notification of its hazardous waste activities in accordance with RCRA Section 3010.

Calumet neither admits nor denies the factual and legal allegations contained in the CAFO.

A civil penalty of $57,190 is assessed.

A copy of the CAFO can be downloaded here.

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Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.
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