'/ fe .. COMMONWEALTH OF PENNSYLVANIA

DITAKTMLNT OF ENVIRONMENTAL RESOURCES1875 I few Ifopo Street

1 ~riorristovn, PA 19401215 631-2415

7, 1930

Mr. Joseph A. KingCoordinator, Special ProjectsFires tono Tire and Rubber ConpanyP.O. Box 699 - . .Potts town, PA 19464

Dear Mr. King:

This letter agreeraent is made between the Cornmonwealth of Pennsylvania,Department of Environmental Resources ("Department") and the Firestone Tire andRubber Company ("Firestone"), an Ohio corporation qualified to do business in theState of Pennsylvania and which is doing business at its plant in LowerPottsgrove Township, Montgoroery County, Pennsylvania.

Firestone o.vns and operates a tire production facility v,tiich includes the use ofa tire eccentricity detection and correction device ("No. 13 CARE Machine").

Between April 15, 1976 and September 25, 1979, visible emissions from Mo. 13CARE Machine exceeded limits allov;ed under Section 123.41, Chapter 12-3 of thejules nri/i Regulations of the Department.

On September 25, 1979, Firestone completed corrective work on No. 13 CAREMachine resulting in its compliance with applicable visible emissionsregulations. The Department has agreed to forego litigation or other enfor-cerrent of Section 123.41 of the Rules and Regulations of the Department, 25PA Code, Chapter 123 for the period April 15, 1976 to Septensber 25, 1 79, inconsideration of Firestone 's corrections and in consideration of payment byFirestone to the Clean Air Fund of Pennsylvania as more fully stated below.

Agreement on the part of Firestone to make the payment and corrections to theNo. 13 CARE Machine, and agreement 0:1 the piirt of the Department to foregoenforcement of its Rules and Regulations were made in an effort to settle thedispute between the parties in an amicable manner without trial or adjudicationof any issue or fact of the law, and the parties expressly agreed that thisagreement shall not constitute an admission on either part with respect to anyissue of fact or lav/.

CAKE Machine)flRfOOI82

IT IS AGRCF.D, 'JHIEi KFOPE, AS FOLLOWS:

1. Firestone shall on and after September 26, 1979 iruke the No. 13CARS Machine at its Pottstown plant conform to the requirements ofthe Pennsylvania Air Pollution Control Act and Chapter 123 of theRules and Regulations of the Dapartment and shall thereafter con-tinue to operate said machine in compliance with said Act andRegulations and all other Air Resources Regulations of theDepartment.

2. Firestone shall pay to the Clean Air Fund of Pennsylvania the sum of two- thousand dollars ($2,000.00) contemporaneously with the execution of thisAgreement. The sum is in settlement of claims for violation of the AirPollution Control Act and Section 123.41, Title 25 of the Pennsylvania Code.7vLl payments shall be made' payable to the Clean Air Fund of Pennsylvania andforwarded to Mr. Michael F. Robinson, Director, Administrative Services,Bureau of Air Quality Control, 18th Floor, Fulton Bank Building, 200 WorthThird Street, llarrisburg, PA 17120. Payment shall he accompanied by acompleted copy of forru ER-AQ-3, a copy of which is enclosed.

3. In consideration of the foregoing, the Department agrees that i't will notinitiate any action at law^or in equity against Firestone, its officers oremployees for violations of Section 123.41 of the Rales and Regulations ofthe Department caused by operation of the No. 13 CARIi: Machine which may haveoccurred between April 15, 1976 and September 25, 1979.

Please have an authorized representative of Firestone sign and return two copiesof this agreement to we within ten days of its receipt.

For: CaC-ia-KllWi'H OF PENNSYLVANIA ,OF GWIRONMENTAL RESOURCES

DATE - N. Rao KonaRegional Air Pollution Control Engineer

AB100183

AI.ni OF I'HNNSYLVANiAm-l'AK'lMhNT OF I-.NVIKON.M1-NTAL KliSOUKCES

1875 CJcw Ibpc StreetMorristown, PA 19401

215 631-2415

May 8, 1980 rRtiCtisviiDMr. Joseph A. King ' ti/V 1 "norCoordinator, Special Projects . 'v'Ai •«• UoUFirestone Tire and Rubber Company ' , A .,P.O. Box 699 ' " J- A..f\lUoPotts town, PA 19464

Dear Mr. King:

This letter agreement is made between the Commonwealth of PennsylvaniaDepartment of Environmental Resources ("Department") and the Firestone Tire and

. Rubber Coirpany (" Fi res tone"), an Ohio corporation qualified to do business inthe state oc Pennsylvania and which is doing business at its plant in LowerPottsgrove Township, Montgomery County, Pennsylvania ("Pottstown plant").

Firestone operates a boiler plant including a 120 million DTU per hour cont-bustion unit capable of firing either coal or oil ("Kb. 4 Boiler"). During

jiGua on cos.!. CGuibustion, particulate emissions i.roid No. -* Boij. r aretrolled by a fabric collector.

Due to a nulfunction in the fabric, collector fan, Firestone found it necessaryto bypass the fabric collector from March 26, 1980 to April 2, 1980 while coalwas being fired in the No. 4 Boiler.

On the above dates, emissions from bJo. 4 Boiler exceeded the limits allowedunder Sections 123.11 and 123.41, Chapter 123 of the Rules and Regulations ofthe Department.

The Department has agreed to forego litigation or other enforcement of Section123.11 and 123.41 of the Rules arid Regulations of the Department, 25 PA Code,Chapter 123 for the above dates in cons ide rat ion of Fires tone's improvements inthe operation of the fabric collector and in consideration of payment byFirestone to the Clean Air Fund of Pennsylvania as more fully stated below.

Agreement on the pnrt of Firestone to irake the payment to the Clean Air Fund ofPennsylvania and agreement on the part of the' Department to forotjo enforcementof its Rules and Regulations v,c:ro nude in an effort to settle the dispute bet-ween the parties in an amicable manner without trial or adjudication of anyissue of L'act or the law, and the parties expressly agree that, this agreementshall not constitute an admission" on either part with respect to any issue offact or law.

aphoune, i/1 Boiler) . . .

ftRIOOIBU

-2-

IT IS /CREED, THEREFORE, AS FOLIjOWS:

1. Firesfcono shall on and after April 17, 1980 make the No. 4 Boiler atits Pottstown plant conform to the requirements of the Pennsylvania AirPollution Control Act and Sections 123.11 and 123.41 of Chapter 123 ofthe Rules arid Regulations of the Dcparthtent arid shall thereafter con-tinue to cerate said Boiler in conipliance with said Act andRegulations and all other Air Resources Regulations of the Department.

2. Fires tone shall pay to the Clean Air Fund of Pennsylvania the sum ofseven hundred dollars ($700.HO) representing one hundred dollars($100.00) per day for each of the above dates on which the fabriccollector was out of service. Said payment shall be irvade conte:i>-poraneously with the execution of this Agreement. This sum is inSGttle.tient of claLns for violation of the Air Pollution Control Act andSections 123.11 and 123.41, Title 25 of the Pennsylvania Code. Thepayment shall be nude by check payable to the Clean Air Fund ofPennsylvania and forwarded to Mr. Michael F. Itobinscn, Director ofAdministrative Services, Bureau of Air Quality Control, 18th Floor,Fulton Bank Building, 200 W. Third Street, Harrisburg, "PA 17120.'Paynvsnt shall be accompanied by a completed copy of Form ER.-AQ-3, acopy of which is enclosed.

3. In consideration of the foregoing, the• Department agrees that it willnot initiate any action at law or in equity against Firestone, its

«- officers or employees for violations on the above dates of Sections123.11 dud 123.41 of the Rules and Regulations of the Department causedby operation of this No. 4 Boiler without control by the fabriccollector.

PJease have an authorized representative of Firestone sign and return two copiesof this Agreement to me within ten days of its receipt. f

FOR: Cn-KCNWEALTH OF PENNSYLVANIADEPARTMENT OF ENVIRONMENTAL RESOURCES

DATE BY: N. Rao KonaRegional Air Pollution Control Engineer

(Baghouse, #4- Boiler)

ARIOQI85

COMMONWEALTH OF PENNSYLVANIADEPARTMENT OF ENVIRONMENTAL RESOURCES

Norristown, PA 19401- 215 631-2405

The Fires tons Tire & Rubber Company r\tLL.C.i V fc.UP.O. Box 699 IIAW i " inc-nPottstovnr PA 19464 MAY 1 O 1980

Attention: Mr. Joseph A. King !\HNuCoordinator, Special Projects

. CONSENT ORDER AND AG?Ea-ENT NO. 80-427-C

WHEREAS, the Fires tone Tire and Rubber Co.-rrany ("Fires tone") is a cor-poracion qualified to do business in the GoniiT.cfr.vea 1th of Pennsylvania and is sodoing business in the Cbiranoriealth at DDwer Pottsgrcve Township, f-iDntgoi eryCounty ("Pottstown Plant"); and,

*•

WHEREAS, Firestone's operations at its Potts town Plant includes the use ofan oil-fired combustion unit ("No. 1. Boiler") and eleven Banbury mixers; and,

WHERSAS, Firestone's operation o£ the Banb-ury mixers produces a viscoussludge comprised of oil, carton black and rubber ("Banbury sludge"); and,

V/HERSAS, Firestone has indicated to the Department that the composition ofthe Banbury sludge prevents its reuse in the process and prevents its disposalby landfill techniques; and,

>VvHEREAS, Firestone has been incinerating sludge from the Banbury mixers in

its No.-1 boiler' since December 1978; and,v

WHEREAS, the Department of Environmental Resources ("Department") has deter-mined that emissions from Ko. 1 boiler stack curing incineration of Banburysludge are in excess of the limits allowed under Section 123.41 of Chapter 123of the Rules and Regulations of the Department, thereby placing Firestone inviolation of Section 8 of the Pennsylvania Air Pollution Control Act ("Act");and,

WIEREAS, Firestone has indicated its (inter.tion to permanently discontinuethe operation of its eleven Banbury mixers.

WHEREAS, Firestone has indicated its willingness to corq:all Air Resources Regulations promulgated thert-uncer; and,

ply with said Act and

(#1 Boiler, Banbury Tailings)

-2-

NOW THEREFORE, on this 22 day of Way 1980, after full and completenegotiations of all natters set forth in this Consent Order, and upon mutualexchange of covenants herein, and intending to be legally bound hereby, it isordered by the Department and agreed to by Firestone that:

1. On or before Decerrber 1, 1980 emissions from the Ko. 1 boiler stackshall conform to the requirements of the Act and Chapter 123 of theRules and Regulations of the Department and shall thereafter continueto comply with said Act and Regulations.

2. In order to comply with Paragraph 1 above, Firestone shall on or beforeDecember 1, 1980 terminate the Eanbury sludge incineration in No. 1boiler.

\

3. During implementation of the corrective action required under thisConsent Order and Agreement, Firestone shall take all reasonableinterim measures suggested by the Department as necessary to keep theabove described emissions to a minimum, including, whera appropriate,full utilization of existing emission control devices and operatingprocedures.

4. Nothing herein shall be construed to preclude Firestone from discon-tinuing the incineration of Banbury sludge in No. 1 boiler. Any suchdiscontinuance shall*, for the duration thereof, have the same effect ascompliance with the Department's Regulations. However, if Firestonedoes discontinue incineration of Banbury sludge in No. 1 boiler, itshall promptly so notify the Department in writing. Firestone shallnot resume operation of said source after December 1, 1980 unless anduntil approved air pollution control equipment has been installed and •made operational and the source is capable of itjseting the air con-tamination emission standards promulgated in the Rules and Regulationsof the Department. Notwithstanding any provisions of this ConsentOrder and Agreement, if a source is out of operation for one year ormore., it shall be subject to §127.11 of the Department's Regulations.

5. 'This Consent Order and Agreement constitutes an Order of theDepartment issued pursuant to Section 4 of the Act. Firestonerecognizing its right to appeal any Order of the Department herebywaives its right to appeal this Order.

6. Contemporaneously with the execution of this Consent Order andAgreement/ Firestone shall make a payment to the Clean Air Fund in theamount of One Thousand Six Hundred Dollars ($1600.00) in settlement ofviolations of Section 123.41 of the Rules and Regulations of theDepartment between January 1, 1979 and April 30, 1930.

7. Between May 1, 1980 and December 1, 1980 Firestone shall make a paymentof One Hundred Dollars ($100.00) per month for each jnonth of non-compliance operation o£ No. 1 boiler, provided that in no event shallcojtpliance be delayed beyond December 1, 1980.

(#1 Boiler, Eanbury Tailings) &RI 00187

8. All payments shall be made payable by check to the Commonwealth ofPennsylvania and sent to the attention of:

Michael F. Robinson, Chief, Staff ServicesDivision of Administrative ServicesBureau of Air Quality ControlEighteenth Floor, Fulton Building200 North 3rd StreetHarrisburg, Pennsylvania 17120

Checks shall be accompanied by Form No. ER-AQ-3.

9. So long as Firestone fully complies with all the provisions andrequirements set forth in this Consent Order and Agreement within thetimes specified for such performance, the Department shall not insti-tute an action at law or in equity for the violations of the laws ofthe Corononwealth specified in the KHEREAS clauses hereof; but ifFirestone fails to fully comply with all the provisions and require-ments hereof in a timely iranner, the Department nay institute anyappropriate action based upon any violation whether or not said viola-tion predates the failure of Firestone to fully coirply with thisConsent Order and Agreement.

10. Ihe Department reserves all rights to enforce this Consent Order andAgreement and to prosecute any violations of any Acts or Rules andRegulations of the Department except those explicitly vaived in thisConsent Order and Agreement. All rights and remedies contained hereinare to be concurrent, unless specifically provided to the contrary.

11. Furthermore, this Consent Order and Agreement, shall rot be consideredas a limitation or abridg;r;ent of the Department' s rights and dutiespursuant to Section 6.2 of the Act, 35 P.S. §4006.2; and nothing hereinshall be construed to imply that the Department waives its right tobring such further enforcement action subsequent uo any testing as inaybe necessary to achieve compliance with all applicable regulations andambient air quality standards.

12. In the event of any material breach of this Consent Order and Agreementon the part of Firestone, the Department iray, at its option, in addi-tion to the remedies prescribed herein, proceed with any action at lawor in equity to bring about caipliance with the Act and the Rules andRegulations of the Departrr.ent.

13. Tnis Consent Order and Agreement shall bind the parties, their agents,servants, eitJployees, and assigns.,

14. Ibis is the entire agreement between the parties and no alterations,additions or amendments thereto shall be valid unless in writing andexecuted by the parties.

(#1 Boiler, Banhury Tailing)

-4-

15. This Consent Order and Agreement does not grant a variance from anyrequirement o£ the Air Pollution Control Act (35 P.S. §4001, et seq),the Clean Mr Act (42 U.S.C. §7401 et seq) or any regulations pro-mulgated thereunder, nor does it parport to inodify any requirement ofPennsylvania's State Inplenentation Plan as approved under §110 of theClean Air Act. Further, this Consent Order and Agreement does not.constitute a Consent Order under the provisions of §113(d) of the CleanAir Act. Notice is hereby provided to Firestone that it may be subjectto additional penalties for non-ocnpliance with the Pennsylvania StateImplementation Plan under § 120 of the Clean Air Act.

THE FIRESTGNE TIRE & RUBBER COMPANY

Hay 22, 1980DATS . PLANT MANAGER

Hay 22, 1980_______1 ATTEST: \VujgftIl Cl • K'" ~ —————,|\

CCMT-IOM'EALTH OF PEMNSYLW IIADEPARTMENT OF ENVIRONMEi--TTAL EESCURCRS

BY:DATE N. Rao Kona

Regional Air Pollution Control Engineer

^0

DATE louise S. TnornpsonAssistant Attorney Genera

Boiler, Earibury Tailings)

-3-

Firestone Tire and Rubber Company, intending to be legally bound, hereby agreesto the terms and conditions of this agreement.

May 16, 1980

FOR: FIRSSTOiil TIRE AND RUBBER COMPANY

cc: Abatesnent and CortplianceFile 46-125LL12/.2

B-7S:sme

Ksnager, Potts town Tire Plant

WITNESS: .DATE 7y- /

LyCoordinator, Special Projects

ftR100190#15 CAR/-; Machine) .

En-AQ-3: "«v. 10/7'J

May 29,________, 1980

TRANSMITTAL OF PENALTY PAYMENT

i

PAYABLE TO: COMMONWEALTH OF PENNSYLVANIA

WAILING ADDRESS: Pa Department of Environmental ResourcesBureau of Air Quality ControlP.O. Box 2063 -- 18th Floor Fulton BuildingHarrisburg, PA 17120c/o Mr. M. Robinson, Director of Admin. Services

FROM: Firestone Tire & Rubber Co.(Company)

Box 699

Pottstovm, Fa. 19464________

R E: Settlement Agreement with --

Company Firestone Tire •&. Rubber Co.

Plant Pottstovm____________

»- Township Lower Pottsgrove______

County Montgomery_____________

Date May 27, 198O(Agreement Entered Into)

As required by the above agreement, a payment in the amount of $ 2,000.00is enclosed.(#13 CARE machine)

C\.i /' (Signature) /

Coordinator, Special Projects(Title)————————————

EMCL.cc: Mr. R. Kona

Dept. of Envir. Resources1375 New Hope St. _________.Norristovm, Pa. 19401 41? I 00 I

bbc: Fir. P. GinderMr. J. J. McCoskey

-2-

2. Firestone shall pay to the Clean Air Fund of Pennsylvania the sum ofTwo Thousand Dollars ($2,000.00) contemporaneously with the executionof this Agreement. The sum is in settlement of claims for violationsof the Air Pollution Control Act and Section 123.41, Title 25 of thePa. Code. All payments shall be nade payable to the Clean Air Fund of

. Pennsylvania and forwarded to Mr. Michael F. Robinson, Director,Administrative Services, Bureau of Air Quality Control, 18th Floor,Fulton Building, 200 N. Tnird Steet, Harrisburg, PA 17120. Paymentshall be accompanied by a completed copy of Form ER-AQ-3, a copy ofwhich is enclosed.

3. In consideration of the foregoing, the Department agrees that it willnot initiate any action at law or in equity against Firestone, itsofficers or employees for violations of Section 123. 1 of the Rules andRegulations of the Department caused by operation of the TUOs whichmay have occurred between June 26, 1978 and February 1, 1980.

Please have an authorized representative of Firestone sign and return two (2)copies of this Agreement to me within ten (10) days of its receipt,

FOR: COMMONWEALTH OF PENNSYLVANIADEPARTMENT OF ENVIRONMENTAL RESOURCES

'Date !)|V'ljf- N. Rao KonaRegional Air Pollution Control Engineer

Firestone Tire and Rubber Company, intending to be legally bound, hereby agreesto the terras and conditions of this Agreement.

FOR: FIRESTONE TIRE AND_ RUBBER COMPANYt

// •Date May 16, 1-980 Manager, Fottstowni Tire ir'JLant

WITNESS: x( a?/H-\ U ' (VU V?_________Date May 16, 1980 ~TJ \~^ 7Coordinator, Special Projects

cc: Abatement and ComplianceFile 46-1253F27/27.1

ENCLOSURE

(TOO BBChin,,) RR | 00 I 92

COMMONWEALTH" OF PENNSYLVANIADEPARTMENT OF ENVIRONMENTAL RESOURCES

1875 Hew Hope StreetNorristown, PA 19^01

215 631-2415

tfay7'198,0 • - 'RECEIVED'Mr. Joseph A. KingCoordinator, Special ProjectsFirestone Tire and Rubber CompanyP.O. tox 699Pottstown, PA 19464

Dear Mr. King:

This letter agreement is made between the Commonwealth of Pennsylvania,Department of Environmental Resources ("Department") and the Firestone Tire andRubber Company ("Firestone"), an Ohio corporation qualified to do business inthe State of Pennsylvania and which is doing business at its plant in LowerPottsgrove Township, Montgomery County, Pennsylvania.

Firestone owns and operates a tire production facility which includes the use ofeleven tire uniformity optimization machines ("TUOs").

At various times between June 26, 1978 and February 1, 1980, visible emissionsfrom the TUOs exceeded limits allowed under Section 123.41, Chapter 123 of the•Rules and Regulations of the Department. , -

On February 1, 1980, Firestone completed the installation of grind rate controlson 1'Jos. 1, 2, 3 and 4 TUOs, resulting in their compliance with applicablevisible emissions regulations. Nos. 5, 7, 8, 9, 10, 11 and 12 TUOs were takenout of service permanently by February 1, 1980. The Department lias agreed toforego litigation or other enforcement of Section 123.41 of the Rules' andRegulations of the Department, 25 Pa. Code, Chapter 123 for the period June 26,1978 to February 1, 1980, in consideration of Firestone's corrective work and inconsideration of payment by Firestone to the Clean Air Fund of Pennsylvania asmore fully stated below.

Agreement on the part of Firestone to make payment to the Clean Air Fund ofPennsylvania and to make corrections to the TUOs, and agreement on the part ofthe Department to forego litigation of its Rules and Regulations, were made inan effort to settle the dispute between the parties in an amicable mannerwithout trial or adjudication of any issue of fact or lav;, and the partiesexpressly agreed that this agreement shall•not constitute an admission on eitherpart with respect to any issue of fact or law.

IT IS AGREED, THEREFORE, AS FOLLOWS:

1. Firestono shall, on and after February 1, 1980, make the TUOs at itsPottstown plant conform to the requirements of the Pennsylvania AirPollution Control Act and Chapter 123 of the Rules and Regulations ofthe Department and shall thereafter continue to operate the TUOs incompliance with said Act and Regulations and all other Air Resources

of the Department.

(TUO Kachdnoc) HR I 00 I 93

-3-

Tire and Sublxir Company, intending to be legally bound, hereby agreesterms and conditions o£ this Agreement.

FOR: FIR£STOC,~E TIIIE AND RLFBBER COMPANY

- 1980DATE

May 22, 1980 • WITNESS: £ /gv Q -DATS •

cc: Abatement and Ccinpliance. File 46-1253193

ENCLOSURE

(Baghouse, #4 Boiler)

-5-

OF PENNSYLVANIA :COUNTY OF MONTGOMERY : S3.

I, Harold E. Powell being duly sworn according to law, do

hereby swaar or affirm that I am the Plant Manager of The Firestone Tire and

Rubber Company and that I arr, authorized to execute this Consent Ordar and

Agreement on behalf of the Company.

SVDRN TO AND SUBSCRIBED :

BEFORE MB THIS 3

OP PI.»y 19 80

0' KOTARY EOBLIC:!;:•"•"": Ji"/.;A:i, Mo 'v rubiic »

' 3S25 '- " •: '.•-.:-tso.n>i?Cs. Co.?:'•/ :.:-. ••';J|-,:i F/;:'«» April I/. i:J22

June 26, 1930:' Original to Mr. J. J. McCoskeypc: Mr, R. M. Walter, Akron

J» A. King, rottstovm

ftRIQ-8195

ER-AQ-3: Hov. 10/73

T1ay ?9__________, 19 80

TRANSM1TTAL OF PENALTY PAYMENT

PAYABLE TO: COMMONWEALTH OF PENNSYLVANIA

MAILING ADDRESS: Pa Depaitment of Environmental ResourcesBureau of Air Quality ControlP.O. Box 2053 - 18th Floor Fulton BuildingHarrisburg, PA 17120c/o Mr. M. Robinson, Director of Admin. Services

FROM: Firestone Tire & Rubber Co.(Company)

Box 699

Pottstown, Pa. 194-64-________

RE: Settlement Agreement with --

Company Firestone Tire & Rubber Co.

Plant Pottstown____________

Township Lover Potts grove_______

County Montgomery_____________

Date May 27, 1930(Agreen snt Entered Into)

As required by the above agreement, a payment in the amount of $ 2,000.00is enclosed.(TUO machines)

Cl-^ , (Signature)

Coordinator, Special Projects(Title)

ENCL.cc: Mr. R. Kona

Dept. of Envir. Resources -———1875 New Hope St.Norristown, Pa. 19 01 bbc: Mr. F. Cinder

COMMONWEALTH OF PENNSYLVANIA .'!!•,' .?•!DEPARTMENT OF ENVIRONMENTAL RESOURCES .

BUREAU OF SOLID WASTE MANAGEMENT ' ,DATE PREPARED IDENTIFICATION-NO.-

6/21/81 COMPLIANCE fiSTORY 120202

- '• • ' MODULE NO, 10 ' . _.-.-. . " • . ' • -

COMPLETION OF PART B OF THIS MODULE IS REQUIRED AS A PARTOF THE APPLICATION FOR ANY TYPE OF SOLID WASTE

MANAGEMENT PERMIT

ATTACH ADDITIONAL SHEETS AS NECESSARY TO ANSWER THE FOLLOWING.DEPENDING UPON THE RESPONSES TO PART »B'"' AND/OR OTHERINFORMATION AVAILABLE TO THE DEPARTMENT, COMPLETION OF PART »C"MAY BE REQUIRED.

A. Purpose of Module:

1. The purpose of this application module is to assess the applicant's pasthistory of compliance with laws and regulations relating toenvironmental protection. Failure to provide correct and completeinformation required herein may result in the denial, suspension,modification, or Revocation of your permit.

2. Unless otherwise specified herein, this module applies to compliancehistory in regard to the following Pennsylvania statutes and theregulations promulgated thereunder:

a. The Pennsylvania Solid Waste Management Act of July 7, 1980(Act 97) arid its predecessor, the Solid Waste Management Act ofJuly 31, 196S (P.L. 788, No. 2*1).

b. The Clean Streams Law of June 22, 1937 (P.L. 1987, No. 39*).

c. The Air Pollution Control Act of January 8, 1960 (1959 P.L. 2119,No. 787).

d. The Dam Safety and Encroachment Act of November 26, 1978. . (P.L. 1375, No. 325).

e. The Surface Mining Conservation and Reclamation Act of May 31,.19*5 (P.L. 1198, No. * 18).

f. All other Pennsylvania statutes relating to environmentalprotection and the public health, safety, and welfare.

Ml 00197

IN PART B BELOW, LIST THE EMPLOYER IDENTIFICATION NUMBERS OF ALLBUSINESS ENTITIES AND THE SOCIAL SECURITY NUMBERS OF ALLINDIVIDUALS IDENTIFIED

B. Applicant Background Information (to be completed by applicant):

1. State the correct legal name and address of the applicant and theprincipal place of business in Pennsylvania. see Attach. 1-A

2. Indicate the form of management under which the applicant conductsits business in Pennsylvania (check appropriate box):

Individual ' CorporationMunicipality Limited PartnershipProprietorship Other Partnership

Other Government Agency

3. Complete the following where applicable:

a. If the applicant is a corporation (as indicated in Question B, 2above), list all principals of the corporation. This shall includethe following: corporate officers, members of the board ofdirectors, and principal stockholders which own, hold, or controlstock of five percent (5%) or more of a publicly held corporationor ten percent (10%) or=more of a privately held corporation.See Attach. A

b. List and designate the relationship of all parent corporations andsubsidiary corporations and their principal places of business inPennsylvania.See Attach. 1-A '

c. If the applicant is a partnership (as indicated in Question B, 2above), list the names and addresses of all partners, both general•and limited. N/A

d.. List the name and affiliation of any other person or 'organizationhaving an 'interest in the proposed facility or activity includingbusiness associates, contractors, subcontractors, agents, andlandowners.

4. List all DER permits currently in effect held by the applicant or. anyperson or organization identified in Question B, 3 above.See Attach. B.

5. • List any solid waste storage, processing, or disposal facility, area, oractivity in Pennsylvania which the applicant, or any person ororganization identified in Question B, 3, currently owns or operates, or"previously owned or operated, but which are not listed under "B" ^.This shall include any solid waste management activities which are nolonger permitted or which were never under permit. Provide a separate

" list to include solid waste facilities outside of Pennsylvania. Includethe location(s) of all such facilities, areas, or activities. , fl QSee Attach. 1-A ftRlUui?&1

COMMONWEALTH OF PENNSYLVANIADEPARTMENT OF ENVIRONMENTAL RESOURCES

1875 Ifew Pope StreetNorristown, Pennsylvania 19401

215 631-2409

December 31, 1981

Hooker Chemical & Plastics Corp.Armand Hammer Blvd . i A * • <•Box 699 • JA|' 1982Pottsfcown, PA 19464 . i * „,, ,„

•Attention: Mr. Joseph King

Re: PA 0010944Hooker Chemical & Plastics Corp.Lower Pottsgrove TownshipMontgomery County

Dear Mr. King:

This is to confirm the results of my inspection conducted on November 9, 1981which revealed an oil and grease concentration at outfall 001 of 31 mg/1. Oiland grease excursions v/ere also noted in the September and October Discharge •Monitoring Reports. Concentrations ware reported at 12.8 mg/1 and 10.4 mg/1respectively.

Such discharges are in violation of your permit No. Pa 0010944.

A copy of the sample results is enclosed for your information.

Notify this office in writing no later than January 22, 1982 of the action youhave taken to comply, the date compliance V.BS accomplisned and the' steps youhave taken to prevent a recurrence of the violation.

If you have any questions, please feel free to contact ice.

Very truly vours,

*K£L

&MES LAREGTJNAWater Quality Specialist

cc: E?A 3EN22Ee 30 A345

"TO £l/^ EWV. PfcOV. JUI4G-.

ftRIOO!99

looker ChemicalPLASTICS DIVISION

' Firestone BlvdP.O. Box 699

own, PA 19464be-2000 - .----— -

Bl-cc: C. J. KleinertK. H. GarnerG. C. Grow

January 25, 1982 A. E. SchmeclcE. LapreziosaR. ZelleyH. Dubec

Mr. J. LaRegina ia > TPa. DER A-1875 New Hope St. EA^S AJ.Norristown, Pa. 19401 ' CA-JS

Dear Mr. Laftegina: -

RE: HPDES Permit PA 00109.44 and your letter of 12/31/81. -

The DER lab test result of 31 mg/1 oil and grease for the sample you ob--tained from our Outfall -HpO! during your 11/9/81 inspection is of asurprising magnitude in view of the record shown on Attachment @ tothis letter. .

On Attachment ©, a tabulation of our reports to DER, even during thephasing out of tire manufacture and, later, removal of tire making equip-ment, periods of much confusion, upset conditions and poor worker morale,the highest oil and grease excursion was 17 mg/1 excluding a singleepisode of 116 mg/1 generated by the probable negligence of an outsidecontractor in removing equipment.

Because of this we can only question the sample and this reefers tosampling location. Our sample location for compliance testing of OutfallirOOl is in the flow stream entering the pit from which you obtained yoursample. You took- your sample more or less in the middle of the pit wherethe floating oil sheen material may have been caught in your container.Therefore, we request n repeat evaluation when it is convenient for your:return. V.'e propose to split a common sample for the additional purposeof comparison of any possible differences between testing labs.

On the telephone 1/21/82, you explained that an oil and grease test wasnot run on the inlet river water sample you obtained 1.1/9/81. You statedthat this was because DER has no allowance for background levels forpollutants whose discharge limits are specified as concentrations. Thisappears to be at variance with instructions in DER's application formsfor Permit renewal where background analyses are permitted (our Permitrenewal is currently in preparation for 3/15/82 submittal). Since theend of the tire plant liquidation we have been somewhat mystified byeven minor excursions above the oil end grease limit such as those of9/31 and 10/81. We request DIR's reconsideration of the effect ofbackground levels in our case and submit Attachment(3)for illustration.

Mr. J. LaReginaPa. DEtlPage 2January 25, 1982

In answer to the questions at the end of your 12/31/81 letter:o

Actions we have taken to, comply:

A complete physical inspection (by Hooker) was conducted and indicatedsome cleanup and maintenance might give added insurance againstexcursions. Refresher training of personnel, whose activities mighthave impact on the KPDES discharge system, was given on leak andspill prevention and control.

Date cortvpliance was obtained:

Nov. 11, 1981; see Attachment (3)

Steps taken to, prevent recurrence:

V/hen the winter freeze moderates a clean-up and maintenance tune-upprogram will begin ifi those areas indicated from the inspectionreferred to above.

Refresher training on leak and spill prevention and control willi. given on a more frequent periodic schedule than in the past.

Very truly yours,

HOOXELX CHEMICALS & PLASTICS CCUP.

^"\ n \\ I J^l *>VtXi<A/f-?&J A. King,) Mag, ManagerEnvironmental Compliance

JAK/rm

Attachments

MAKE SURE THAT ALL OF THE ABOVE QUESTIONS ARE ANSWEREDCORRECTLY AND COMPLETELY AND ARE ATTACHED TO THIS MODULE

' BEFORE COMPLETING THE FOLLOWING SECTION- ' ":••'•- '••"."."•'

I certify that I am K. H. Garner and that Fhave authority to respond to the(name)

above questions on behalf of the applicant, and that the information provided is '

true and correct to the best of my knowledge, information, and belief.

SignatureK. H. Garner

Title works Manager,. Pottstovrr

Sworn to and subscribed to before0cS

me this <£.! day of y , 19

14 - '/W OJL/I—————p— fNotary Public .. ,o ,„...,,,....,, ,„„.,,.

MARGUERITE H. NiEZNAY, Notary PublicPottstown, Montgomery Co.. PA

! My Commission Expires July 23. 1984

C. Compliance Background Information (to be completed by applicant):

1. Indicate any "Notices of Violation" received from DEP. in the past oneyear' period in regard to-the permitted facilities, or activities identified •in Question B, 4 above* Include a description of the alleged violationand the disposition thereof.See Attach. 1-A

2. Indicate any administrative orders issued by DER pertaining to any ofthe facilities or activities identified in Question B, 4 above. Includeorders issued to the applicant and any persons or organizationsidentified in Question B, 3. List the dates and nature of the orders 'issued.See Attach. 1-A

3. Indicate any convictions under the statutes listed in Part A to which the"applicant or any person or organization identified in Question B, 3 hasbeen subject within the past five (5) years.None

£. Indicate any court proceedings in Pennsylvania within the past five (5)years relating to those statutes in Part A to which the applicant or anyperson or organization identified in Question B, 3 have been a party.Indicate the disposition of those proceedings. Do not include anyproceedings identified in Question C, 3 above.None ' " '

5. Indicate any consent order, consent adjudication, or settlementagreement concerning any solid waste management facility or activityin Pennsylvania entered into within the past five (5) years by theapplicant or any person or organization identified in Question B, 3above.None

6. Indicate whether any of the facilities, areas, or activities Htentified inQuestion B, 5 were the subject of an administrative order, consentagreement, consent adjudication, settlement agreement, conviction, orpermit revocation pursuant to the statutes listed in Part A.None

7. Compliance history outside of Pennsylvania: See Attach. 1-A

a. Indicate any convictions within the past five (5) years relating toviolations of state or Federal environmental statutes occurring at,or caused by, a solid waste management facility or activity underthe control of the applicant or any person or organizationidentified in Question B', 3.

• b. Indicate any final administrative orders issued within the past five, (5) years relating to the violation of any state or Federalenvironmental statutes occurring at, or caused by, a solid wastemanagement facility or activity under the control of the applicantor any person or organization identified in Question B, 3.

f Applicant Background Information:

I. Legal name and address of applicant:

Occidental Chemical Corporation (formerly HookerChemicals & Plastics Corp.)

Armand Hcinmer BoulevardP.O. Box 699Pottstown, Penna. 19464Lower Pottsqrove Township(215-327-6400)

3.b. Parent company:A,

Occidental Petroleum Corporation, a California corporation10889 Wilshire BoulevardLos Angeles, California

(no place of business in Penna.)

Subsidiary corporations:

Anode Products, Inc., Empl. Ident. No. 95-2991683_________Hooker Taft Corporation, Empl. Ident. No. 16-1035423_______International Ore & Fertilizer Corp.

Empl. Ident. No. 13-1997262_______Occidental Chemical Agricultural Products, Inc~

Empl. Ident. No. 74-1757276_______OMF Calif., Inc., Empl. Ident. No. 38-1968524______

£.

5. Solid waste facilities and activities in Penna.:

Occidental Chemical Corporation (formerly Hooker Chemicals &Plastics Corp.) currently owns and operates a solid wastedisposal facility, a landfill, on the Pottstown site. HookerChemicals & Plastics Corp. purchased the entire site onDecember 1, 1980 from the Firestone Tire & Rubber Co.of Akron, Ohio. Under Firestone ownership, the landfill wasoperated under DER Permit f300001 issued Sept. 1, 1977.

Occidental Chemical Corporation, Pottstown, is currently aGenerator of Corrosive hazardous waste and spent solventshaving Hazardous Waste numbers F003 and F005, as defined inthe Penna. Hazardous Waste Management regulations. The site'shazardous waste ID No. is PAD002334753.

Corrosive waste is detoxified on site in a pH neutralizationprocess approved by DER on Sept. 1, 1981 as having satisfiedthe 'requirements for an Interim Status Permit for operationof a Hazardous Waste Treating Facility.

Spent hazardous waste solvents are-, shipped to an off-sitereclaimer and off-site treatment facility. Transporter I.D. No.'sare NJTOOO 009 027 and NJD002 454 544. Reclaimer I.D. No. isNJD002 454 544, Marisol Inc., N.J. Treating Facility I.D. No. isNJD 063 288 239, Rollins Envir. Services, N.J.

Per agreement between DER and Occidental, the requirement tolist company waste facilities outside Penna. has been waivedby DER.

C.I. Notices of Violation received from DER in the past one-yearperiod:

Received NOV Dec. 3, 1981, after hazardous waste inspection onDec. 2, 1981. Drums containing waste solvents did not haveproper Penna. labels. In compliance - Dec. 21, 1981.

Received NOV Dec. 31, 1981 after NPDES inspection on Nov. 9, 1981.Wastewater sample taken at inspection in DER lab was found toexceed NPDES Permit limit for Oil and Grease. In compliance -xNov. 11, 1981.

Received NOV in DER document of settlement agreement on April 27,1982 after previous discussions and verbal agreements pertainingto emissions to air above limits in 1976 NESHAP Standard forvinyl chloride and in Penna. Clean Air Act for flyash, , SO-/ •and opacity. Occidental has agreed to pay a $2500 penalty, but askfor a revision of wording in the document in a letter ofMay 12, 1982. Response from DER is pending.

Received NOV in report of DER landfill inspection on May 20, 1981.Some areas on unused part of landfill had sparse vegetation.Growth was established naturally and compliance was attained byJuly, 1981.

Received NOV in report of DER landfill inspection on Dec. 2,Some areas on unused part of landfill had sparse dead vegetation.Variance for winter season was given with recommendation to re-seedin the spring. In April an investigation was begun to determinethe cause of repeated poor growth. Analyses of soil by the Penna.State University showed need for lime and fertiliser beforere-seeding. This will be done by the end of June, 1982 andre-seeding will follow shortly thereafter.

Received -NOV in report of DER landfill inspection on April 23, 1982for stormwater carrying flyash off active area of landfill.. Cameinto compliance on May 14, 1982 after installation of a barrier ofhay bales outside a containment trench.

C.2. Administrative Orders issued by DER:

Other than the contained general directive to come into compliance,in each NOV listed in C.I. above, there were no otherAdministrative Orders received.

C.7.a&b. Compliance history outside Penna.:

Per agreement between DER and Occidental, the requirement for t,compliance history outside Penna. has been waived by DER.

Directors

' "~ • ATTACHMENT AOCCIDENTAL CHEMICAL CORPORATION

•*

DIRECTORS AND OFFICERS

G. H. Watkins. 1980 Post Oak Blvd.

Houston, TX 77056

T. R. Harrison1980 Post Oak Blvd.Houston, TX 77056

K. A. McGaw1980 Post Oak Blvd.Houston, TX 77056

Officers

Name Title Address

G. H. Watkins President1980 Post Oak Blvd.Houston, TX 77056

T. S. Fanner Group Vice President1930 Post Oak Blvd.Houston, TX 77056

J. F. Riordan Group Vice President345 Third StreetNiagara Falls, NY 14303

W. J. Wetzel Group Vice President1980 Post Oak Blvd.'Houston, TX 77056

N. Alpert Vice President 4050 Lower River RoadYoungstown, NY 14174

G. B. Berry Vice President21441 Hoover RoadWarren, MI 48089i

R. B. Casriel Vice President &Treasurer 10889 Wilshire Boulevard

Los Angeles, CA 90024

S. P. Dominick Vice President1 P. 0. Box 699

Pottstown, PA 19464

Business Address DEC 141381 A ft

ATTACH MGUT AName Title , Address

J. J. Dorgan Vice President10889 Wilshire BoulevardLos Angeles, CA 90024

K. R. Ewing Vice President345 Third StreetNiagara Falls, NY 14303

R. F. Gervais Vice PresidentP. 0. Box 699Pottstown, PA 19464

R. E. Goldsberry Vice President32100 Stephenson HighwayMadison Heights, MI 48071

T. R. Harrison Vice President &Controller 1980 Post Oak Blvd.

Houston, TX 77056

P. C. Hebner Vice President &Asst. Secretary 10889 WUshire Boulevard.

Los Angeles, CA 90024

J. L. Hurst Vice President345 Third StreetNiagara Falls, NY 14303

T. L. Jenninas Vice PresidentWalck RoadNorth Tonawandd, NY 14120

R. A. Lurcott Vice President 106 Chapel WoodsWilliamsville, NY 14221

J. J. McCoskey Vice PresidentP. 0. Box 699Pottstown, PA 19464

K. A. McGaw Vice President &Secretary 1980 Post Oak Blvd.

Houston, TX 77056

D. F. Pollart Vice President345 Third StreetNiagara Falls, NY 14303

D. W. Powers Vice PresidentP. 0. Box 599Pottstown, PA 19464

R. Rajaji Vice President & 114 Selvoir Road.p 100207Asst. Controller Williamsville, Nr4V14Z2f

J. D. Tinkler Vice President 4620 Wayne RoadCorona del Mar, CA 92625

J. E. Dahse Asst. Secretary1980 Post Oak 31vd.Houston, TX 77056

S. M. Eisner Asst. Secretary10889 Wilshire Blvd.Los Angeles, CA 90024

F. J. Kestler Asst. Secretary21441 Hoover RoadWarren, MI 48089

A. E. Kluegel Asst. Secretary32100 Stephenson HighwayMadison Heights, MI 48071

W. A. Lindsay Asst. Secretary1980 Post Oak Blvd.Houston, TX 77056

*R. D. Luss Asst. Secretary 11 Schimwood Drive

Getzville, NY 14068

J. A. Mack Asst. SecretaryP. 0. Box 699-Pottstown, PA 19464

R. R. Marquardt Asst. Secretary 428 Church StreetYoungstown, NY 14174

tB. J. McNamee Asst. Secretary

1980 Post Oak Blvd.Houston, TX 77055

R. P. Mueller Asst. Secretary32100 Stephenson HighwayMadison Heights, Ml" 48071

M. J. Rudick Asst. Secretary 209 WoodbridgeBuffalo, NY 14214

i • .

S. L. Shaw Asst. Secretary 3496 Sandy Beach RoadGrand Island, NY 14072

J. F. Tao Asst. Secretary345 Third Street

S Niagara Falls, NY 14303

T. 0. Waters Asst. Secretary1980 Post Oak Blvd.Houston, TX 77056

RRIQG2Q8* Business Address ~ 3 —

Page 4.

F. J. Gruberth Asst. Treasurer10389 Wil shire BoulevardLos Angeles, CA 90024

S. A. Miller . Asst. Treasurer10389 Wil shire BoulevardLos Angel es» CA 90024

Business Address

POTTSTOUJU PERMITS ATrAC^MDJT B

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>tAJ biST COLL. OfiELR.____£>E-R 4-4 *-3l^> - 016____ £ 3l|65"

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TO R.U/E-R

s" BOILER.____' COJJ TR.__j>E.fi. APPUIC'/J3/i.

TO fcWJLHLt KJ^^eS b£-K._____£E.R PA 0^1 DQ 44-______S/15/£2.KJO EX^O

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ARI002IO

£ ••••***•

RECEIVEDoi Operations

JUKI 8 1984

- Department of Environmental Resources

1875 Kew I!o[:>e StreetNorristown, PA 19401

215 631-2415

July 30, 19-32

Occidental Ghtoical CorporationP.O. box 599I'otcstown, PA 19464

Attention: Mr. J.A. King, ManagerEnvironmental Coqpliance

Centlecnen:

1. On and after Deceniber 1, 1980, Occidental operated a polyvinyl chlorideplant ("WC plant") at their Pottstown plant. The F7C plant reactsvinyl chloride conooer ("VC4') to produce dispersion or suspension resinwhich is subsequently dried.

2. Cn April 9, 1979 die Environmental Quality Board adopted and incor-porated the National Emission. Standards for Hazardous Air Pollutants("JESEAP"), 40 CFP. Part 61, aider the DCK's rulej and regulations,25 Pa. Code Chapter 124.

3. The NESIA? regulations require polyvinyl chloride nsnufacturizig plantsto limit their VC emissions. For those plants using strippingtechnology, the regulation limits the residual VC in dispersion andsuspension resins.

4. Between Decerrber 1, 1980 and August 31, 1981, Occidental parrot tedexcursions of residual VC above die MESKAP stripping limits. Therewere 22 alleged violations of 40 CFr; Bart 61.64(e)(1), and,

. consequently, of the Department, of Envirore'oental Resources' Rules andinsulations, 25 Pa. Code Chapter 124. Tnese alleged violations' alsoconstitute alleged violations of Section 4003 of the Air PollutionControl Act, 35 P.S.- §4003("Act").

5. Representatives of the-"Department and Occidental met on January 13,19d2 and agreed to voluntarily settle any clainvs for the allegedviolations specified in Paragraph 4 hereof en the basis of a penaltypayment of $1,500.00 co'--the Clean Air Fund of Pennsylvania.

..r v.

Occidental Chemical CorporationJuly 30, 1932 _•

6. Occidental shall make payment of the total arount due ($1,500.00)•within 10 days after execution of this agreement. All checks shall be ''EKde payable to "Clean Air Fund of .Pennsylvania" and be forv?arded to: ,

Mr. frbrris l-nlin, ChiefDivision of Abateoent and ComplianceBureau of Air Quality Control18th Floor, Pulton Building200 Korth Third StreetHarrisburg, PA 17120

Payment shall be accompanied by form nurriber EP.-AQ-3, a copy of vMch isenclosed.

7. So long as Occidental executes this Letter-Agreenscnt and ttalces tharequired $1500.00 payment within the specified tiiDe period, theDeparDoent shall rat institute any action at law or in equity for thealleged violations specified in Paragraph 4 above. If Occidental failsto coqply with the provisions of this Letter-Agreernent, trie Departmentreserves fill rights to institute appropriate action -for said allegedviolations.

I believe this Letter-AgreeiDsnt accurately reflects the tercts agreed upon at ourrecent neetias. Therefore, please have an authorized representative of theconpany execute and return two- (2) signed copies of the agrecnient to ire withinten (10) days of receipt. I will return a copy to Occidental after signing theagreement for the Department.

PDK:*fi[ir 0? BJVIKOtSEMML RESOUSCES

TIOKLUfy FDK HE CDr£-O;IViEAEr

Occidental Gieroical Corporation, intending to be legally bound, hereby agrees tothe terr.-ij and conditions of this Letter-/i reeiiient .

8/15/82

1CJD203

x;S '""""*.. • _ __JC

" '. • . . Efepartxcent of Environmental Resources

1875 Kew Hops StxeetKorristown, PA 19401

215 631-2415

August 2, 1932

Occidental Chemical CorporationP.O. Box 699Potts town, PA 19464

Attention: Mr. J.A. King, l-ianagerEnvironmental Conjpliance

Gentleoen:

located in Potts town, Pennsylvania, .the following agreement has been concluded.

1 . On and after December 1 , 1 930 , Occidental operated a coal firedconbustion unit, numbered 4 ("£4 boiler") located, at their LowerPottsgrove Township, l-bntgorriary Oxnty, Pennsylvania plant ("Pottstownplant"). The #4 boiler's particulars emissions are controlled by a 'fabric collector and a venturi collector operated -in parallel. Sulfurdioxide emissions are regulated by restricting the sulfur content of ;the coal fired to the boiler. ;

2. Occidental also operates an oil-fired boiler- ("j?3 boiler/") at their :Pottstown plant. ' • ;

3. On the.jJates below, nialfunctio-ns of the #4 boiler's venturi collector"caused the enission of fly ash particulates wrJLch was in excess of thatallotted by Section 123.11 of a:apt=r 123 of Title 25, Pa. Code, DSR's ,-Rules and Regulations. Tnese alleged, violations of DEiX's iiules and ;Regulations constitute alleged violations of Section 4008 of the Air y'Pollution Control Act, 35 P.S. ;J40C3 ("Act"): f

er 13, 1930 December 3, 1980 January 15, 1931 1er 16, 1930 Dsceaber 23, 1980 January 17, 1931 f

Deceirber 13, 19SO December 21, 1980 ' January 22, 1931 "December 19, 1980 January 7, 1931 January 27, 1931 jDecember 20, 1980 January 9, 1931 January 29, 1981 SDececber 21, 1980 January 10, 1981 January 30, 1981 !.December 22, 1930 January V;, 1981 February 1 , 1931December 23, 1980 January 12, 1931 February 2, 1981 •<December 24, 1930 January 13. 1981 Februarys, 1931 .-!'.Deceaber 23, 1930 January 14, 1931 February 4, 1981 ^

Occidental Cherjical CorporationAugust 2, 1982- 2 -

4. Cn the dates below. Occidental burned a coal in chair #4 boiler with asulfur content high enough to cause sulfur dioxide emissions in excessof that allowed by Section 123.22 of the DER's Kules and Regulations,25 Pa. Code, Section 123.22. These alleged violations of the Rules aridRegulations also constitute alleged violations of Section 4QOS of theAct:

t

December 16, 19SO January 2, 1981 January 16, 1981Deceofcer 17, 1980 January 5, 1,981

5. On February 18, 1SS1 a malfunction of Occidental's £3 boiler caused theemission of visible particulates in excess of that allov;ed bySections 123.11 and 123.41 of the DER's Rules and Regulations, 25 Pa.Code, Sections 123.11 and 123.41. This alleged violation of the Rulesand Regulations also constitute alleged violations of Section 4003 ofthe Act.

»

6. Representatives of the Department and Occidental met.on January 13,1982 and agreed to voluntarily settle any clairns for the allegedviolations specified in Paragraph(s) 3, 4, and 5 hereof on the basis ofa penalty payment of $1,000.00 to the Clean Air Fund of Pennsylvania.

7. Occidental shall nske payisent of the total snx>unt due ($1,000.00)within 10 days after execution of this agreement. All checks shall baniade payable to "Clean Air Fund of Pennsylvania" and be forwarded to:

Mr. Mprris Malin, ChiefDivision of Abaterncnt and Coinplisnce **Bureau of Air Quality Control13th Floor, Fulton Building200 Forth Third StreetKarrisburg, PA 17120

Payment shall be accompanied by form nutriber ER-AQ-3, a copy of uiich isenclosed.

8. So long QS Occidental executes this Letter-Agreerr.ant and irakes therequired $1,000.00 payment withm the specified cL:a period, theDepartment shall not institute' any action at lav/ or in equity for thealleged violations specified in Paragraph(s) 3, 4, ana 5 above. IfOccidental fails to comply with the provisions of thisLetter-Agreement, the Department reserves all rights to instituteappropriate action for said alleged violations.

Occidental ChenLcal CorporationAugust 2, 1982- 3 - ,

I believe this Letter-Agree-Dent accurately reflects the tenrs agreed upon at ourrecant Greeting. Therefore, please have on authorized representative of thecospany execute and return two (2) signed copies of the agreea~>ent to raa withinten (10) days of receipt. I will return a copy to Occidental after signing the ,agreement for the Department.

FOR: Ctr-tarvEalSi OF PHZ SYLVAIJIAAPTl'ENf OF S-iVnC -SNTAL RESOURCES

DATE jSi. &£> MDMAAIR rOLIiJpeJi CDKrjSQL fiXJL'EER

m0;6f£R)R TMfcl

Occidental Chemical Corporation, intending to be legally bound, hereby agrees tothe teros and conditions of this Letter-Agreement.

K)R:

8/13/82

VICE PRESIDENT £ GENERAL 'MANAGER, PVC RES1TITLS

X202

16

ERi-AO—3: R*v. 10/79

_____SEPTEMBER 2 19 82

TRANSMITTAL OF PENALTY PAYMENT-•v

"*'•'

PAYABLE TO: COMMONWEALTH OF PENNSYLVANIA

MAILING ADDRESS: Pa Department of Environmental ResourcesBureau of Air Quality ControlP.O. Box 2063 - 18th Floor Fulton Building

: Harrisburg, PA 17120

FROM: Occidental Chemical Corp.(Company)

Box 699

Pottstown, Pa. 19464

RE: Settlement Agreement with -

Company Occidental Chemical -Corp.

Pjant Pottstown, Pa.

Township Lower Pottsgrove

County Montgomery____Date 9/ 2 /82

(Agreement Entered Into)

As required by the above agreement, a payment in the amount of $ 1000.00Is enclosed.

(FOR BOILER EMISSIONS EXCURSIONS)

(%pfeture) J. AJ KING

MANAHFR FMVTRnNMFNTA! POMPI TflNCT(Title)

ENCL.

cc: R. Kona, DER NorristownJ. Embick, DER Phil a. -. .J. A. MackK. H. Garner •- AR I 002 1 7EAS '

=R_AQ—3: B»v. 10/79 .'

_____SEPTEMBER 2 , 1982

TRANSMITTAL OF PENALTY PAYMENT•"*

PAYABLE TO: COMMONWEALTH OF PENNSYLVANIA

MAILING ADDRESS: Pa Department of Environmental ResourcesBureau of Air Quality ControlP.O. Box 2C53 - 18th Floor Fulton BuildingHarrisburg, PA 17120

Occidental

Box 699

Potts town,

Chemical Corp! •(Company)

Pa. 19464

RE: Settlement Agreement with -

Company Occidental Chemical Corp.

Plant Pottstowr., Pa.'

Township Lower Pottsgrove

County Montgomery ___

Date 9/2/82(Agreement Entered Into)

As required by the above agreement, a payment in the amount of $1500.00is enclosed. • • -

(FOR VCM EMISSIONS EXCURSIONS)

(^Signature) 0. A. KING

MANAGER ENVIRONMENTAL COMPLIANCE(Title}

t R. Kona, DER Morristown0. Embick> DER Phila. ' . .J. A. MackK. H. Garner ' -EAS AR I 002 18

;Idenla! Chemical Corporation

May 4, 1984

PA DER . - _- ---1875 New Hope St.Norristown, PA 19401 - ,_

Attention: Mr. L. Lunsk . .

Dear Larry: ' • •

This is to follow up my recent telephone notice to you about ourplanned TCE-contaminated soil cleanup during our 1984 summermaintenance plant shutdown. ' ' . •

After a site visit on .May 3 by members of the Norristown WaterQuality Section, V7. Stanley, R. Day-Lewis, and J. LaRegina, DERapproval was given to excavate certain "TCE hot spots" for off-site disposal and back fill these'with clean earth. On excavation,the contaminated soil becomes a Hazardous Waste.

.-• * '. -. ~ 7' ~ ~

We will nov; award a contract for this project v?hose scilient pointsare:

1, Schedule: June 23 - July 6. Completion must occur withinthis period; it is only then that suri~oxmcling pipelines,etc., are clear of potentially explosive materials. ,

2. Amount of Hazardous Waste: About 300 cu. yds. 'of earthhaving TCE contamination in boring samples of .0.7, 0.5,19.7, 4.6, 0.5 MG/KG. r ' • * '

3. Final Disposal: Either CECOS, Niagara Falls, or EvergreenLandfill, Northwood, Ohio.

4. Temporary Storage on Site: So that the number of trucksis kept to a reasonable limit, excavated earth will be placedon a 10 mil thick plastic ground cover, and the moundscovered each night, and in the event of rain, with the samematerial. Loading of trucks will be done from these mounds.The entire.off-site hauling will be completed by July 15.

I

5. Hazardous Waste Quarterly Report: Th:i s of f-site 'disposalwITT~be reporTed as required under PA Hazardous V7aste Regulations.

mi f~&. A. King!JAK:pll * .

______PVC Hssins/PVC Fabricated Pfoducls/SpsclaiJy Plastic Products ft R J 0 0 2 I 9

fd. f3ox 6?9.'F'D":;lo'.vn. P.vnnsyV-.'ur.'1.'- 19',6-''. 2i5/327-b.;OQ