Document 4vVebaRRe45wk4qxbvjJLzNQa

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 6 DALLAS, TEXAS 75270 FILED 17 SEP 25 AM 11 :30 REGIONAL HEARING CLERK EPA REGION 6 In the Matter of Holt Trucking Centers of Oklahoma Respondent. Docket No. RCRA-06-2025-0990 EXPEDITED SETTLEMENT AGREEMENT AND FINAL ORDER 1. The U.S. Environmental Protection Agency, Region 6 ("EPA") is authorized to enter into this Expedited Settlement Agreement ("Agreement") pursuant to Section 3008 of the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C. 6928 and 40 C.F.R. 22.13(b). 2. By copy of this letter, EPA is providing the state of Oklahoma with notice of the referenced violations of Subtitle C of RCRA as required by Section 3008(a)(2), 42 U.S.C. 6928(a)(2). 3. Holt Trucking Centers of Oklah?ma ("Holt Trucking" or "Respondent") is the owner or operator of the facility at 1023 Noth Garnett Road, Tulsa, OK 74116 (the "Facility"). EPA alleges that Respondent violated the following requirements of the RCRA and the EPA approved and authorized Oklahoma hazardous waste management programs: a. Notification Requirements. Pursuant to Section 3010(a) of RCRA, 42 U.S.C. 6930(a), any person generating a characteristic or listed hazardous waste shall file with the Administrator or authorized State a notification stating the location and general description of such activity and the identified characteristic or listed hazardous wastes Holt Trucking Centers of Oklahoma Docket No. RCRA-06-2025-0990 handled by such person. No identified or listed hazardous waste subject to this subchapter may be transported, treated, stored, or disposed of unless notification has been given as required by Section 3010(a) of RCRA, 42 U.S.C. 6930(a). Respondent did not file with the Administrator a subsequent notification to accurately state the general description of its hazardous waste activities and its generation and management of hazardous waste during 2023-2025, in violation of Section 3010(a) of RCRA, 42 U.S.C. 6930(a). At all times relevant to this order, Respondent failed to comply with its notification requirements in violation of Section 3010(a) of RCRA, 42 U.S.C. 6930(a). b. Failure to Operate within Its Stated Generator Status. EPA determined that Respondent either operated as a very small quantity generator ("VSQG") and/or considered itself to be a VSQG. Pursuant to Oklahoma Administrative Code ("OAC") 252:205-3-2(d) [40 C.F.R. 262.14), as long as a VSQG generator complies with the applicable requirements under OAC 252:205-3-2(d), [40 C.F.R. 262.14) generator's hazardous waste is not subject to regulation under OAC 252:205-3-2(d)-(k), [40 C.F.R. Parts 262 through 268 and 270]. On one or more occasions in years 2023-2025 Respondent exceeded the VSQG status and for the period such hazardous waste remained onsite, operated as a small quantity generator ("SQG") in violation of one or more of the requirements for an SQG under 40 C.F.R. Parts 262 through 268 and 270. At all times relevant to this order, Respondent failed to comply with the SQG requirements in violation of 40 C.F.R. 262 through 268 and 270. 4. EPA and Respondent agree that settlement of this matter for a civil penalty of $7,500 is in the public interest. 2 Holt Trucking Centers of Oklahoma Docket No. RCRA-06-2025-0990 5. In signing this Agreement, Respondent: (1) admits that Respondent is subject to RCRA and its implementing regulations; (2) admits that EPA has jurisdiction over Respondent and Respondent's conduct as alleged herein; (3) neither admits nor denies the factual allegations contained herein; (4) consents to the assessment of this penalty; (5) waives the opportunity for a hearing to contest any issue of fact or law set forth herein; (6) waives its right to appeal the Final Order accompanying this Agreement pursuant to Section 3008(b) of RCRA, 42 U.S.C. 6928(b); and (7) consents to electronic service of the filed ESA. 6. Within thirty (30) calendar days of the effective date of this Agreement, Respondent must pay the civil penalty of $7,500 using any method provided on the following website: https://www.epa.gov/financiaf/makepayment. Such payment shall identify Respondent by name and include the docket number assigned to this Agreement by the Regional Hearing Clerk. 7. Within 24 hours of payment, email proof of payment (e.g., a copy of the check, confirmation of credit card or debit card payment, or confirmation of wire or automated clearinghouse transfer, and any other information required to demonstrate that payment has been made according to EPA requirements), including Respondent's name, complete address, and docket number to the following: Dale Thrush U.S. EPA, Region 6 Thrush.Dale@epa.gov U.S. EPA, Region 6 Hearing Clerk Vaughn.Lorena@epa.gov U.S. Environmental Protection Agency Cincinnati Finance Center Cl NWD AcctsReceivable@epa.gov 3 Holt Trucking Centers of Oklahoma Docket No. RCRA-06-2025-0990 8. No portion of the civil penalty or interest paid by Respondent pursuant to the requirements of this Expedited Settlement and Final Order shall be claimed by Respondent as a deduction for federal, state or local income tax purposes. 9. By signing this Agreement, Respondent waives any rights or defenses that Respondent has or may have for this matter to be resolved in federal court, including but not limited to any right to a jury trial, and waives any right to challenge the lawfulness of the final order accompanying the Agreement. 10. By its signature below Respondent certifies, subject to civil and criminal penalties for making a false submission to the United States Government, that the alleged violations have been corrected and Respondent has submitted true and accurate documentation of such correction. If the facility makes changes to its collection of hazardous waste that results in the facility falling under the category of very small quantity generator, then the facility is not required to file a Section 3010 notification. 11. The undersigned representative of Respondent certifies that he or she is fully authorized to enter the terms and conditions of this Expedited Settlement Agreement and Final Order and to execute and legally bind Respondent to it. Upon the effective date of this Agreement, payment of the civil penalty shall constitute full settlement of the civil claims alleged herein. 12. Full payment of the civil penalty shall only resolve Respondent's liability for federal civil penalties for the violations alleged herein. EPA reserves all of its rights to take an enforcement action for any other past, present, or future violations by Respondent of RCRA, any other federal statute or regulation, or this Agreement. 4 Holt Trucking Centers of Oklahoma Docket No. RCRA-06-2025-0990 13. Each party shall bear its own costs and fees, if any. 14. This Agreement is binding on the parties signing below, and in accordance with 40 C.F.R. 22.31(b), is effective upon filing. 15. This Agreement authorized by EPA's execution of the Final Order attached hereto constitutes a final order under 40 C.F.R. Part 22. 16. EPA and Respondent agree to the use of electronic signatures for this matter pursuant to 40 C.F.R. 22.6. The EPA and Respondent further agree to electronic service of this Agreement by email to the following: To EPA: Murdock.Russell@epa.gov and Thrush.Dale@epa.gov To Respondent: Megan. Lindberg@holtgrp.com s Holt Trucking Centers of Oklahoma Docket No. RCRA0G-2025-0990 RESPONDENT: ~)~ HOLT TRUCKING CENTERS OF OKLAHOMA Date: Sign at u re Name Title COMPLAINANT: U.S. ENVIRONMENTAL PROTECTION AGENCY Date: September 16, 2025 Digitally signed by CHERYL SEAGER Date: 2025.09.16 14:04:43 -05'00' Cheryl T. Seager Director Enforcement and Complia nce Assurance Division U.S. EPA, Region 6 6 FINAL ORDER Holt Trucking Centers of Oklahoma Docket No. RCRA-0G-2025-0990 Pursuant to the authority of Section 3008(a) of RCRA, 42 U.S.C. 6928(a), and the Consolidated Rules of Practice Governing the Administrative Assessment of Civil Penalties and the Revocation/ Termination or Suspension of Permits, 40 C.F.R. Part 22, the foregoing Expedited Settlement Agreement resolving this matter is hereby ratified and incorporated by reference into this Final Order. Respondent is ORDERED to comply with all of the terms of the Expedited Settlement Agreement. In accordance with 40 C.F.R. 22.31(b), the effective date of the foregoing Expedited Settlement Agreement and this Final Order is the date on which this Final Order is filed with the Regional Hearing Clerk. This Final Order shall resolve only those causes of action alleged in the Expedited Settlement Agreement. Nothing in this Final Order shall be construed to waive, extinguish, or otherwise affect Respondents' (or its officers, agents, servants, employees, successors, or assigns) obligation to comply with all applicable federal, state, and local statutes and regulations, including the regulations that were the subject of this action. IT IS SO ORDERED. THOMAS RUCKI Digitally signed by THOMAS RUCKI Date: 2025.09.16 17:14:32 -04'00' Thomas Rucki Regional Judicial Officer, Region 6 7 Holt Trucking Centers of Oklahoma Docket No. RCRA-06-2025-0990 CERTIFICATE OF SERVICE I certify that a true and correct copy of the foregoing Expedited Settlement Agreement and Final Order was filed with me, the Regional Hearing Clerk, U.S. EPA - Region 6, 1201 Elm Street, Suite 500, Dallas, Texas 75270-2102, and that I sent a true and correct copy on this day in the following manner to the email addresses below: Copy via Email to Complainant: Russell Murdock U.S. EPA, Region 6 Murdock.Russell@epa.gov Dale Thrush U.S. EPA, Region 6 Thrush.Dale@epa.gov Copy via Email to Respondent: Megan Lindberg Megan.Lindbert@holtgrp.com Counsel Holt Trucking Centers of Oklahoma 1023 North Garnett Road Tulsa, OK 74116 U.S. EPA, Region 6 Regional Hearing Clerk 8