Document 4kYQMj3aeJnoZyxg3q6jymJ1

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION6 1445 ROSS AVENUE, SUITE 1200 DALLAS, TX 75202-2733 JUN 2 Z Z015 CERTIFIED MAIL- RETURN RECEIPT REQUESTED: 7014 0150 0000 2454 9895 Mr. Justin Iwuala Environmental Manager Gulf Chemical and Metallurgical Corporation P.O. Box 2290 Freeport, TX 77542 Re: Request for Information Pursuant to Section 3007 ofRCRA regarding facility operations at the Gulf Chemical and Metallurgical facility located in Freeport, TX (TXD074195678) Dear Mr. Iwuala: Enclosed is an Information Request Letter ("Request") issued to Gulf Chemical and Metallurgical Corporation, Freeport, TX. This request is being made pursuant to the authority set forth in Section 3007 of the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C. 6927. Pursuant to this authority, the United States Environmental Protection Agency ("EPA") may require persons with information relevant to the generation, storage, treatment, transportation, disposal, or otherwise handling of hazardous wastes to submit information to EPA to determine compliance with RCRA 42 U.S.C. 6921 - 6992k at its facility. Please respond to this Request within thirty (30) calendar days ofreceipt of this letter. Failure to respond fully and truthfully to the Request or to adequately justify such failure to respond can result in enforcement action by EPA pursuant to Section 3008 ofRCRA which permits EPA to seek the imposition of penalties of up to $37,500 for each day of continued noncompliance. Please be further advised that provision of false, fictitious, or fraudulent statements or representations may subject you to criminal penalties under Section 3008(d) of RCRA or generally under 18 U.S.C. 1001. This Request is not subject to the approval requirements of the Paperwork Reduction Act of 1980,44 U.S.C. 3501, et seq. Your response to this Request should be sent to John Penland at the United States Environmental Protection Agency, Hazardous Waste Enforcement Branch (6EN-H), 1445 Ross Avenue, Dallas, Texas 75202. Please direct technical questions to John Penland of the Hazardous Waste Enforcement Branch at (214) 665-9717, and legal questions to Mr. Brian Tomasovic of Regional Counsel at (214) 665-9725. Thimk you for your attention to this matter. Sincerely, Enclosures 2 ENCLOSURE A INFORMATION REQUEST .The Environmental Protection Agency ("EPA") is investigating Gulf Chemical and Metallurgical (GCMC) for compliance with the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C. 6921- 6992k, at its facility in Freeport, TX. Pursuant to Section 3007 ofRCRA, 42 U.S.C. 6927, you are hereby required to follow the instructions and provide responses to and the information required by the questions in this Information Request ("Request"). You are required to submit the requested information to EPA within thirty (30) calendar days of receipt of this Request. If you anticipate that you will be unable to fully respond to this Request within thirty (30) calendar days, you must submit a sworn affidavit or declaration by a r~sponsible corporate official within twenty (20) calendar days of receipt of this Request specifying what information will be provided within the specified 30 calendar day time period, describing what efforts have been/are being made to obtain other responsive information, and providing a detailed schedule of when such other responsive information can be provided. Upon receipt and based on such affidavit or declaration, EPA may extend the time in which . GCMC must provide the responsive information. Furthermore, EPA retains its right to obtain additional information beyond what is sought in this Request. All information submitted in response to this Request must be certified as true, accurate, and complete by an individual with sufficient knowledge and authority to make such representations on behalf of GCMC. An affidavit making such representations is provided as Enclosure B. A knowing submittal offalse information in response to this Request may be actionable under 18 U.S.C. 1001, and 42 U.S.C. 6928(d). Furthermore, failure to fully comply with this Request may subject GCMC to an enforcement action under Section 3008 of RCRA, 42 U.S.C. 6928. In accordance with Section 3007(b) ofRCRA, 42 U.S.C. 6927(b), the records, reports, and information requested in this Request must be submitted, whether .or not you regard part or all of it as a trade secret or confidential. You may, if you desire, assert a business confidentiality claim for all or part of the information submitted in accordance with 40 C.F.R. Part 2. The information qualifYing as business confidential will be disclosed by EPA only to the extent and by the procedures set forth in 40 C.P.R. Part 2, Subpart B. Unless you make a claim at the time that you submit the information, it may be made available to the public by EPA without further notice to you. If you do assert a business confidentiality claim, you must follow the procedures set forth in Section I- Instructions. All information responsive to this Request should be sent to the following: John Penland Hazardous Waste Enforcement Branch (6EN-H) Compliance Assurance and Enforcement Division U.S. EPA- Region 6 1445 Ross Avenue, Suite 1200 Dallas, TX 75202-2733