Document 3QzBpM5R6LnMLR8gVVeygY1Kx

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 6 1201 ELM STREET, SUITE 500 DALLAS, TEXAS 75270-2102 April 13, 2020 VIA E-MAIL: dmerek@umhb.edu Dave Merek University of Mary Hardin- Baylor 900 College Street, Box 800 East Belton, TX 76513 RE: Potential RCRA Violations and Opportunity for Settlement Dear Mr. Merek, The United States Environmental Protection Agency, Region 6 ("EPA"), through its investigation and records review, made certain determinations about University of Mary Hardin- Baylor and its facility located at 900 College Street, Box 800 East, Belton, TX. Specifically, EPA has identified potential violations of the Resource Conservation and 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, University of Mary Hardin- Baylor is subject to Sections 3002 and 3010 of RCRA, 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 University of Mary Hardin- Baylor is also subject to Sections 3004 and 3005 of RCRA, 42 U.S.C. 6924 and 6925, and the regulations promulgated thereunder. Based on EPA's current investigation and records review, University of Mary Hardin- Baylor is identified as a Very Small Quantity Generator. However, at least once within the last five calendar years, University of Mary Hardin- Baylor generated hazardous waste in quantities between 100 kilograms and 1,000 kilograms per calendar month, which qualified University of Mary Hardin- Baylor as a Small Quantity Generator as established under 30 Tex. Admin. Code Chapter 335, Subchapter C, [40 C.F.R. Part 262]. At a minimum, EPA identified the following potential violations: i. Failure to meet RCRA notification requirements, in violation of RCRA 3010(a), 42 U.S.C. 6930(a); ii. Failure to operate within its stated generator status for at least one (1) year, in violation of 30 Tex. Admin. Code Chapter 335, Subchapters C and F, [40 C.F.R. Parts 262 and/or 270]. EPA is prepared to meet and discuss the potential violations, and other areas of concern, with University of Mary Hardin- Baylor, with the aim of resolving this matter through a timely settlement process. Option for Resolution Upon receipt of this letter, if University of Mary Hardin- Baylor is interested in resolving the matter through settlement, University of Mary Hardin- Baylor has until 04/23/2020, to inform EPA via email or by phone by contacting: U.S. EPA, Region 6 1201 Elm Street, Suite 500 Enforcement and Compliance Assurance Division (ECDSR) ATTN: Tripti Thapa Dallas, Texas 75270-2102 e-mail: thapa.tripti@epa.gov Phone: 214-665-7563 Thereafter, Tripti Thapa will make arrangements to meet with University of Mary Hardin- Baylor facility representatives either at the EPA office in Dallas, Texas, or via a conference call. During this meeting or conference, University of Mary Hardin- Baylor may address the potential violations and present evidence that contravenes EPA's evidence. The main goal of this option is to bring the facility into timely compliance with the applicable environmental laws and regulations. To the extent that University of Mary Hardin- Baylor qualifies as a "small business" under the Small Business Regulatory Enforcement Fairness Act, enclosed is an Information for Small Businesses sheet that provides information on compliance assistance. Timetable for Resolution Given the nature of the potential violations listed above and the current evidence that EPA has in support of these violations, EPA estimates that the parties could have an agreed upon Administrative Order on Consent by 06/13/2020. This is contingent on whether University of Mary Hardin- Baylor avails itself of the settlement process now offered and works amicably with the EPA. It should be noted that if University of Mary HardinBaylor decides not to accept this streamlined option for settlement, University of Mary Hardin- Baylor should notify EPA of its decision via email or by phone to Tripti Thapa by 04/23/2020. Thereafter, EPA will exercise its other options for ensuring University of Mary Hardin- Baylor's timely compliance with RCRA and the regulations promulgated thereunder. Please direct questions to Tripti Thapa of the Waste Enforcement Branch at 214-665-7563. Thank you for your attention to this matter. Sincerely, JEFFREY YURK Digitally signed by JEFFREY YURK DN: c=US, o=U.S. Government, ou=Environmental Protection Agency, cn=JEFFREY YURK, 0.9.2342.19200300.100.1.1=68001003652717 Date: 2020.04.13 15:16:48 -05'00' Jeffrey Yurk Acting RCRA Section Chief Waste Enforcement Branch Enclosure: Information for Small Businesses eCC: james.gradney@tceq.texas.gov john.shelton@tceq.texas.gov Office of Enforcement and Compliance Assurance EPA-300-B-17-001 June 2017 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. Office of Small and Disadvantaged Business Utilization (OSDBU) www.epa.gov/aboutepa/about-officesmall-and-disadvantaged-businessutilization-osdbu EPA's OSBBU advocates and advances business, regulatory, and environmental compliance concerns of small and socio-economically disadvantaged businesses. EPA's Asbestos Small Business Ombudsman (ASBO) www.epa.gov/resources-smallbusinesses/asbestos-small-businessombudsman or 1-800-368-5888 The EPA ASBO serves as a conduit for small businesses to access EPA and facilitates communications between the small business community and the Agency. Small Business Environmental Assistance Program https://nationalsbeap.org This program provides a "one-stop shop" for small businesses and assistance providers seeking information on a wide range of environmental topics and statespecific environmental compliance assistance resources. EPA's Compliance Assistance Homepage www.epa.gov/compliance This page is a gateway to industry and statute-specific environmental resources, from extensive webbased information to hotlines and compliance assistance specialists. Compliance Assistance Centers www.complianceassistance.net EPA sponsored 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 Automotive Recycling www.ecarcenter.org Automotive Service and www.ccar-greenlink.org or 1-888- GRN-LINK Chemical Manufacturing www.chemalliance.org Repair Construction www.cicacenter.org Education www.campuserc.org Food Processing www.fpeac.org Healthcare www.hercenter.org Local Government www.lgean.org Surface Finishing http://www.sterc.org Paints and Coatings www.paintcenter.org Printing www.pneac.org Ports www.portcompliance.org Transportation www.tercenter.org U.S. Border Compliance and Import/Export Issues www.bordercenter.org EPA Hotlines and Clearinghouses www.epa.gov/home/epa-hotlines EPA sponsors many free hotlines and clearinghouses that provide convenient assistance regarding environmental requirements. Examples include: Clean Air Technology Center (CATC) Info-line www.epa.gov/catc or 1-919-541-0800 Superfund, TRI, EPCRA, RMP, and Oil Information Center 1-800-424-9346 EPA Imported Vehicles and Engines Public Helpline www.epa.gov/otaq/imports or 1-734-214-4100 National Pesticide Information Center www.npic.orst.edu or 1-800-858-7378 National Response Center Hotline to report oil and hazardous substance spills - http://nrc.uscg.mil or 1-800-424-8802 Pollution Prevention Information Clearinghouse (PPIC) www.epa.gov/p2/pollution-preventionresources#ppic or 1-202-566-0799 Safe Drinking Water Hotline www.epa.gov/ground-water-anddrinking- water/safe-drinking-waterhotline or 1-800-426-4791 Toxic Substances Control Act (TSCA) Hotline tsca-hotline@epa.gov or 1-202-5541404 Office of Enforcement and Compliance Assurance U.S. Small Business Resources Small Entity Compliance Guides https://www.epa.gov/reg-flex/small-entitycompliance- guides Commenting on Federal Enforcement Actions and Compliance Activities 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 www.epa.gov/resources-small-businesses/eparegional- office-small-business-liaisons 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). 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) https://nationalsbeap.org/states/list 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 helps users locate tribal-related information within EPA and other federal agencies. 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 www.epa.gov/enforcement/small-businessesand- enforcement 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). Every small business that is the subject of an enforcement or compliance action is entitled to comment on the Agency'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. EPA's Audit Policy www.epa.gov/compliance/epas-audit-policy June 2017 Page 2