Document 06QVQJrL836JmELzyyBgokxbR

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION6 1445 ROSS AVENUE, SUITE 1200 DALLAS, TX 75202-2733 1 2 DEC 2018 VIA EMAIL and U.S. MAIL-RETURN RECEIPT REQUESTED: 70140150000024059561 Mr. Dwain King Manufacturing Manager Martin Sprocket and Gear Inc. 3100 Sprocket Drive Arlington, TX 76015 Re: Martin Sprocket and Gear Inc.: RCRA 3008 Administrative Compliance Order on Consent USEPA Docket No. RCRA-06-2018-0969. Dear Mr. McDermott: Enclosed is a fully executed Administrative Compliance Order on Consent ("ACOC") approved in the settlement for the above-referenced ACOC. The ACOC includes a compliance order pursuant to Section 3008 of the Resource Conservation and Recovery Act. The U.S. Environmental Protection Agency, Region 6, appreciates your cooperation throughout this process. If you have questions, or ifyou would like to discuss any of the proposed terms of this ACOC, please do not hesitate to contact Mr. Adolphus Talton at (2 14) 665-665 1 or by email: talton.adolphus@epa.gov. Sincerely, Enclosure Cheryl T. Seager Director Compliance Assurance and Enforcement Division UNITED STATES FI LED ENVIRONMENTAL PROTECTION AGENC101 8O~C 12 r;J REGION 6 DALLAS, TX i.ttl..o.,_'.. . .. c d' f, ,, ~.;. GIt..1 .. VI 'o\ IN THE MATIER OF: MARTIN SPROCKET AND GEARINC. 3106 Sprocket Drive Arlington, Texas 76015 RESPONDENT Proceeding under Section 3008(a) of the Resource Conservation And Recovery Act ("RCRA") Administrative Compliance Order on Consent USEPA Docket No. RCRA-06-2018-0969 ADMINISTRATIVE COMPLIANCE ORDER ON CONSENT I. PRELIMINARY .STATEMENT 1. This Administrative Compliance Order on Consent ("ACOC") is entered into by the United States Environmental Protection Agency, Region 6 ("EPA") and Respondent, Mmtin Sprocket and Gem Inc., ("MSGI" or"Respondent"), and concems the facility located at 3106 Sprocket Drive Arlington, Texas 76015 (the "Facility"). 2. Notice ofthis action has been given to the state of Texas, under Section 3008(a)(2) ofRCRA, 42 U.S.C. 6928(a)(2l 1 On December 26, 1984, the State ofTexas received final authorization for its Base Hazardous Was.te Management Program (49 .FR 48300). Subsequent revisions h ave been made to the Texas Hazardous Waste Program and authorized by the EPA. Except as otherwise provided, all citations to the EPA Authorized Texas Hazardous Waste Program refer to Title 30 of the Texas Administrative Code ("TEX. ADMIN. CODE"), as amended, effective on Febmary 26, 2016. 80 Fed. Reg. 80672 (December 28, 2015); 40 C.F.R. 272.2201: Texas State-Administered Program: Final Authorization. References found within this CAFO are to the EPA authorized version of the TEX. ADMrN. CODE and citations may vary slightly from the Texas published version of the TEX. ADMIN. CODE. The corresponding C.F.R. citations are also provided. RCRA-06-20 18-0969 MARTIN SPROCKET AND GEAR INC. 3. For the purpose of these proceedings, Respondent admits the jurisdictional allegations herein; however, Respondent neither admits nor denies the specific factual allegations and conclusions of law contained in this ACOC. This ACOC states a claim upon which relief may be granted. 4. Respondent explicitly waives any right to contest the allegations and its right to appeal the proposed final order contained in this ACOC, and waives all defenses which have been raised or could have been raised to the claims set forth in the ACOC. 5. Respondent consents to the issuance of the ACOC hereinafter recited and consents to the specific stated Compliance Order, Section VI, of this ACOC. II. JURISDICTION 6. This ACOC is issued by the EPA pursuant to Section 300S(a)ofthe Resource Conservation and Recovery Act ("RCRA"), 42 U.S. C. 6928, as amended by the Hazardous and Solid Waste Amendments of 1984 ("HSWA"), and is simultaneously commenced and concluded through the issuance of this ACOC under 40 C.F.R. 22.13(b)and 22.18(b)(2) and (3). 7. Respondent agrees to unde1iake and complete all actions required by the terms and conditions of thisACOC. In any action by the EPA or the United States to enforce th~ te1ms of this ACOC, Respondent agrees not to contest the authority or jurisdiction of the EPA to issue or enforce this ACOC, and agrees not to contest the validity of this ACOC or its terms or conditions. III. STATEMENT OF PURPOSE 8. This ACOC provides for the resolution of EPA Region 6's investigation of Respondent's Facility. 9. In entering into this ACOC, the mutual objectives of EPA, Region 6 and Respondent are to remedy, and/or prevent the potential endangennent to human health and/or the environment from activities involving solid waste and hazardous waste, and to ensure that the injunctive relief that 2 RCRA -06-2018-0969 MARTIN SPROCKET AND GEAR INC. Respondent will complete as described in the Section VI, Compliance Order, is protective of human health and/or the cnviromnent. IV. STATUTORY AND REGULATORY BACKGROUND 10. Federal regulation of hazardous waste is primarily based on RCRA, enacted on October 21, 1976 to amend the Solid Waste Disposal Act, and the Hazardous and Solid Waste Amendments ("HSWA") enacted by Congress in 1984 to further amend the Solid Waste Disposal Act. RCRA establishes a "cradle-to-grave" program to be administered by the Administrator of EPA and authorized states for regulating the generation, transportation, treatment, storage, and disposal of hazardous waste. See 42 U.S.C. 6901 et seq. 11. RCRA's Subchapter III (RCRA 3001-3023,42 U.S.C. 6921-6940, known as "Subtitle C") required EPA to promulgate regulations establishing performance standards applicable to facilities that generate, transport, treat, store, or dispose of hazardous wastes. Together, RCRA Subtitle C and its implementing regulations, set forth at 40 C.F.R. Parts 260-279, comprise EPA's RCRA hazardous waste program. 12. Pursuant to its authority under RCRA, EPA has promulgated regulations at 40 C.F.R. Parts 260 through 272 applicable to generators, transpmters, and treatment, storage, and disposal facilities. These regulations generally prohibit treatment, storage, and disposal of hazardous waste without a permit or equivalent "interim status." They prohibit land disposal of ce1iain hazardous wastes, and provide detailed requirements governing the activities of those who generate hazardous waste and those who are lawfully permitted to store, treat, and dispose of hazardous waste. 13. Pursuant to 40 C.F.R. 261.2, a "solid waste" is any discarded material that is not otherwise excluded under 40 C.F.R. 26l.4(a), or that is not excluded by variance. A discarded material is any material which is abandoned, recycled, inherently waste-like, or a military munitions. 3 \ RCRA-06-2018-0969 MARTIN SPROCKET AND GEAR INC. Materials are solid waste, as defmed in 40 C.P.R. 261.2, if they are abandoned by being disposed of, burned or incinerated, or accumulated, stored, or treated (but not recycled) before, or in lieu of, being abandoned by being disposed of, burned, or incinerated. 14. A solid waste is a hazardous waste if it is not excluded from regulation as a hazardous waste under 40 C.P.R. 261.4(b), and it exhibits any of the characteristics of hazardous waste identified in 40 C.P.R. Part 261, Subpart C, or it is listed in 40 C.P.R. Pati 261, Subpart D. 15. Characteristic hazardous wastes are assigned "D" codes in 40 C.P.R. Pati 261, Subpart C, depending on the specific hazardous chatacteristic that the waste exhibits. 16. An ignitable hazardous waste has a flash point of less than 60 degrees centigrade (140 degrees Falu-enheit) and is assigned the DOOl hazardous waste code pursuant to 40 C.P.R. 261.21. 17. A corrosive hazardous waste has a pH of less.than or equal to 2.0 or greater than or equal to 12.5 and is assigned the D002 hazardous waste code pursuant to 40 C.F.R. 2.61.22, and a reactive hazardous waste is assigned the D003 hazmdous waste code pursuant to 40 C.P.R. 261.23. 18. Listed wastes are assigned with "P", "K", "P", and "U" codes in 40 C.P.R. Pati 261, Subpart D, depending on the specific waste generated fiom a non-specific source, a specific source, or discarded commercial chemical products, off-specification species, container residues and spill residues therefrom. ' 19.40 C.P.R. Parts 264 and/or 265 applies to owners and operators offacilities that treat, store and/or dispose ofhazmdous waste. 20. The relevant RCRA statutory and regulatory requirements to this ACOC require that generators of solid waste and hazardous waste must, among other things: A. Detem1ine whether their generated solid wastes are hazardous, pursuant to 40 C.P.R. 262.11; 4 RCRA-06-2018-0969 MARTIN SPROCKET AND GEAR INC. B. Comply with the statutmy notification requirements of Section 30 I 0 of RCRA, 42 U.S.C. 6930; C. Comply with the manifest requirements, pursuant to 40 C.F.R. 262.20; and D: Determine its generator status by meeting the exemption conditions set fmth at 40 C.F.R. 262.34 or comply with the specific requirements set fmth at 40 C.F.R. 270.10. V. FINDINGS OF FACT AND CONCLUSIONS OF LAW 21. Respondent is an authorized corporation in the state of Texas, authorized on June 28, 1951, and is located at 3106 Sprocket Drive Arlington, Texas 76015. 22. Respondent is a "person" within the meaning of Section 1004(15) ofRCRA, 42 U.S.C. 6903(15); and 30 Texas Administrative Code ("TEX.ADMIN.CODE") 3.2(25), [40 C.F.R. 260.10], 23. The Facility identified in Paragraph 1 of this CAFO is a "facility" within the meaning of 30 TEX.ADMIN.CODE 335.1(59), [40 C.F.R. 260.10]. 24. Respondent's Registered Agent for service in the state of Texas is Mr. Randy McDermott who is. locatedat 3106 Sprocket Drive Arlington, Texas 76015. 25. MSGI owns a facility that manufactrnes and sells power transmission products, bulk material handling products, industrial hand tools, heavy duty conveyor pulleys, and custom products. 26. During the period of August to September 2018, EPA conducted a RCRA investigation and record review ("Investigation") of MSGI' s performance as a generator of hazardous waste. During the Investigation, EPA discovered that MSGI, at a minimum, generated the following waste: D002 (Conosivity). 27. The waste stream identified in Paragraph 26 is "solid waste" and "hazardous waste" as defined in 30 TEX.ADMIN.CODE 335.1 (138) and (69), [40 C.F.R. 261.2 and 261.24]. 5