Document 1gVpNezpbBaLgyBpVg1Nwb9kZ

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGIONS 1445 ROSS AVENUE, SUITE 1200 DALLAS, TX 75202-2733 March 16, 2016 CERTIFIED MAIL-RETURN RECEIPT REQUESTED: 7015 1520 0003 3989 5121 Mr. Ben Hartman President MRT Laboratories 305 Nebraska Ave. South Houston, TX 77587 RE: Potential RCRA Violations and Opportunity for Settlement Dear Mr. Hartman: The United States Environmental Protection Agency, Region 6 ("EPA"), through its investigation and records review, has made certain determinations about MRT Laboratories ("MRT") facility, located at 305 Nebraska Avenue, South Houston, Texas. Specifically, the EPA has identified potential violations ofthe Resource Conservation Recovery Act ("RCRA"), and the regulations promulgated thereunder. I therefore write to share with you: (1) the current areas of concern; (2) an option for resolution; and (3) a timeline for resolution. Current Areas of Concern As a generator of hazardous waste, MRT is subject to Sections 3002 and 3010 ofRCRA, 42 U.S.C. 6922 and 6930, and the regulations set forth at 30 Tex. Admin. Code Chapter 335, Subchapters C and F, [40 C.F.R. Parts 262 and/or 270]. Upon further investigation, EPA may determine that MRT is also subject to Sections 3004 and 3005 RCRA, 42 U.S.C. 6924 and 6925, and the regulations promulgated thereunder. Based on EPA's current investigation and records review, MRT has identified itself as a RCRA conditionally exempt small quantity generator. However, for calendar years 2011, 2012, and 2013, MRT generated hazardous waste in quantities that exceeded the threshold amount of 100 kg per calendar month, which qualifies MRT for the small quantity generator status as Internet Address (URL) http://www.epa.gov Recycled/Recyclable Printed with Vegetable Oil Based Inks on Recycled Paper (Minimum 25% Postconsumer) established under 30 Tex. Admin. Code Chapter 335, Subchapter C, [40 C.F.R. Part 262]. At a minimum, EPA has identified the following potential violations: L Failure to meet RCRA notification requirements, in violation ofRCRA 3010(a), 42 U.S.C. 6930(a); and 11. Failure to operate within its stated generator status, for at least three years, in violation of30 Tex. Admin. Code Chapter 335, Subchapters C and F, [40 C.F.R. Parts 262 at).dlor 270. EPA is prepared to meet and discuss the potential violations with MRT (delineated above) and other areas of concern with the aim of resolving this matter through a timely settlement process. An Option for Resolution Upon receipt of this letter, ifMRT is interested in resolving the matter through settlement, MRT has until April 1, 2016 to inform EPA by letter addressed to the attorney assigned to this . matter, Ms. Angela Hodges (6RC-ER), in the Office of Regional Counsel, and mailed to EPA's address seen above. Thereafter, Ms. Hodges will make arrangements to meet with MRT either at the EPA office in Dallas, Texas or via conference call. The primary purpose for this initial meeting is to exchange information and discuss EPA's concerns. In preparation for this settlement process, Ms. Hodges will send to MRT an agenda for settlement discussions. Additionally, during this meeting or conference, MRT will have the opportunity to address the potential violations and present any evidence that contravenes EPA's evidence. The main goal of this option is to bring MRT into timely compliance with the applicable environmental laws and regulations. ' Timetable for Resolution Given the nature ofthe potential violations, listed above, and the current evidence that EPA has in support ofthese violations, EPA estimates that ifMRT avails itself ofthe settlement process that EPA is now offering, the parties, working amicably together, could have an agreed upon CAFO by June 17, 2016. It should be noted that if MRT decides not to accept this streamlined option for settlement, MRT should notify EPA of its decision in writing to Ms. Hodges by April 1, 2016. Thereafter, EPA will exercise its other options for ensuring MRT's timely compliance with RCRA and the regulations promulgated there under. Please direct technical questions to Ms. Debra Pandak of the Hazardous Waste Enforcement Branch at (214) 665-7565, and legal questions to Ms. Hodges of the Office of Regional Counsel at (214) 665-2796. You may also contact Ms. Hodges at her email address, hodges.angela@epa.gov. Thank you for your attention to this matter. Sincerely, Branch Chief Compliance Assurance and Enforcement Division Enclosure ec: James Gradney Texas Commission on Environmental Quality James.Gradney@tceq.texas.gov Frank Burleson Texas Commission on Environmental Quality Frank.Burleson(a),tceq.texas. gov Office of Enforcement and Compliance Assurance (2201A) EPA-300-B-15-001May2015 U.S. EPA Small Business Resources Information Sheet The United States Environmental Protection Agency provides an array of resources to help small businesses understand and comply with federal and state environmental laws. In addition to helping small businesses understand their environmental obligations and improve compliance, these resources will also help such businesses find cost-effective ways to comply through pollution prevention techniques and innovative technologies. Small Business Programs www.epa.gov/smallbusiness EPA's Office of Small Business Programs (OSBP) advocates and fosters opportunities for direct and indirect partnerships, contracts, and sub-agreements for small businesses and socio-economically disadvantaged businesses. EPA's Asbestos Small Business Ombudsman www.epa.gov/sbo or 1-800-368-5888 The EPA Asbestos and Small Business Ombudsman (ASBO) serves as a conduit for small businesses to access EPA and facilitates communications betwee,n the small business community and the Agency. Automotive Service and Repair ccar-greenlink.org/ or 1-888-GRNLINK Chemical Manufacturing www.chemalliance.org Construction www.cicacenter.org or 1-734-9954911 Education www.campuserc.org Food Processing www.fpeac.org Healthcare www.hercenter.org EPA's Compliance Assistance Homepage www2.epa.gov/compliance This page is a gateway industry and statute-specific environmental resources, from extensive webbased information to hotlines and compliance assistance specialists. Local Government www.lgean.org Metal Finishing www.nmfrc.org Paints and Coatings www.paintcenter.org EPA's Compliance Assistance Centers www.assistancecenters.net EPA's Compliance Assistance Centers provide information targeted to industries with many small businesses. They were developed in partnership with industry, universities and other federal and state agencies. Agriculture www.epa.gov/agriculture/ Printing www.pneac.org Ports www.portcompl!ance.org Transportation www.tercenter.org U.S. Border Compliance and Import/Export Issues www.bordercenter.org Automotive Recycling www.ecarcenter.org EPA Hotlines, Helplines and Clearinghouses www2.epa.gov/home/epahotlines EPA sponsors many free hotlines and clearinghouses that provide convenient assistance regarding environmental requirements. Some examples are: Clean Air Technology Center (CATC) Info-line www.epa.gov/ttn/catc or 1-919-5410800 Superfund, TRI, EPCRA, RMP and Oil Information Center www.epa.gov/superfund/contacts/ infocenter/index.htm or 1-800-4249346 EPA Imported Vehicles and Engines Public Helpline www.epa.gov/otaq/imports or 734-214-4100 National Pesticide Information Center www.npic.orst.edu/ or 1-800-8587378 National Response Center Hotline to report oil and hazardous substance spills - www.nrc.uscg.mil or 1-800-424-8802 Pollution Prevention Information Clearinghouse (PPIC) - www.epa. gov/opptintr/ppic or 1-202-566-0799 safe Drinking Water Hotline - www.epa.gov/drink/hotline/index.cfm or 1-800-426-4791 Office of Enforcement and Compliance Assurance: http: 1/www2.epa.govienforcement Small Business Resources Stratospheric Ozone Protection Hotline www.epa.gov/ozone/comments.htm or 1-800-296-1996 Toxic Substances Control Act (TSCA) Hotline tsca-hotline@epa.gov or 1-202-554-1404 EPA's Audit Policy . www2.epa.gov/compliance/epas-audit-policy The Policy .provides incentives to all businesses that voluntarily discover, promptly disclose and expeditiously correct their noncompliance. Small Entity Compliance Guides http://www.epa.gov/sbrefa/compliance-guides.html EPA publishes a Small Entity Compliance Guide (SECG) for every rule for which the Agency has prepared a final regulatory flexibility analysis, in accordance with Section 604 of the Regulatory Flexibility Act (RFA). Regional Small Business Liaisons http://www.epa.gov/sbo/rsbl.htm The U.S. Environmental Protection Agency (EPA) Regional Small Business Liaison (RSBL) is the primary regional contact and often the expert on small business assistance, advocacy, and outreach. The RSBL is the regional voice for the EPA Asbestos and Small Business Ombudsman (ASBO). Commenting on Federal Enforcement Actions and Compliance Activities The Small Business Regulatory Enforcement Fairness Act (SBREFA) established a SBREFA Ombudsman and 10 Regional Fairness Boards to receive comments from small businesses about federal agency enforcement actions. If you believe that you fall within the Small Business Administration's definition of a small business (based on your North American Industry Classification System designation, number of employees or annual receipts, as defined at 13 C.F.R. 121.201; in most cases, this means a business with 500 or fewer employees), and wish to comment on federal enforcement and compliance activities, call the SBREFA Ombudsman's toll-free number at 1-888- REG-FAIR (1-888-734-3247). State Resource Locators www.envcap.org/statetools The Locators provide state-specific contacts, regulations and resources covering the major environmental laws. State Small Business Environmental Assistance Programs (SBEAPs) www.epa.gov/sbo/507program.htm State SBEAPs help small businesses and assistance providers understand environmental requirements and sustainable business practices through workshops, trainings and site visits. EPA's Tribal Portal www.epa.gov/tribalportal/ The Portal provides access to information on environmental issues, laws, and resources related to federally recognized tribes. EPA Compliance Incentives EPA provides incentives for environmental compliance. By participating in compliance assistance programs or voluntarily disclosing and promptly correcting violations before an enforcement action has been initiated, businesses may be eligible for penalty waivers or reductions. EPA has two such policies that may apply to small businesses: EPA's Small Business Compliance Policy www2.epa.gov/enforcement/small-businesses-and-enforcement This Policy offers small businesses special incentives to come into compliance voluntarily. Every small business that is the subject of an enforcement or compliance action is entitled to comment on theAgency's actions without fear of retaliation. EPA employees are prohibited from using enforcement or any other means of retaliation against any member of the regulated community in response to comments made under SBREFA. Your Duty to Comply If you receive compliance assistance or submit a comment to the SBREFA Ombudsman or Regional Fairness Boards, you still have the duty to .comply with the law, including providing timely responses to EPA information requests, administrative or civil complaints, other enforcement actions or communications. The assistance information and comment processes do not give you any new rights or defenses in any enforcement action. These processes also do not affect EPA's obligation to protect public health or the environment under any of the environmental statutes it enforces, including the right to take emergency remedial or emergency response actions when appropriate. Those decisions will be based on the facts in each situation. The SBREFA Ombudsman and Fairness Boards do not participate in resolving EPA's enforcement actions. Also, remember that to preserve your rights, you need to comply with all rules governing the enforcement process. EPA is disseminating this information to you without making a determination that your business or organization is a small business as defined by Section 222 of the Small Business Regulatory Enforcement Fairness Act or related provisions. May 2015 2