Document 5DLb26NoXQLnpx6kLk8jVw5M4

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 6 1445 ROSS AVENUE, SUITE 1200 DALLAS, TX 75202-2733 08/23/2018 CERTIFIED MAIL-RETURN RECEIPT REQUESTED: 7014 0150 0000 2406 1144 Kelli Idell Sulzer Process Pumps (US), Inc. 800 Koomey Rd Brookshire, TX 77423 RE: Potential RCRA Violations and Opportunity for Settlement Dear Mr. Idell, The United States Environmental Protection Agency, Region 6 ("EPA"), through its investigation and records review, made certain determinations about Sulzer Process Pumps (US), Inc. and its facility located at 800 Koomey Rd, Brookshire, TX. Specifically, EPA has identified potential violations of the Resource Conservation and Recovery Act ("RCRA"), and the regnlations 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, Sulzer Process Pumps (US), Inc. 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 Sulzer Process Pumps (US), Inc. is also subject to Sections 3004 and 3005 ofRCRA, 42 U.S.C. 6924 and 6925, and the regulations promulgated thereunder. Based on EPA's current investigation and records review, Sulzer Process Pumps (US), Inc. identified as a conditionally exempt small quantity generator. However, at least once within the last five calendar years, Sulzer Process Pumps (US), Inc. generated hazardous waste in quantities between 100 kilograms and 1,000 kilograms per calendar month, which qualified Sulzer Process Pumps (US), Inc. 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: 1. Failure to meet RCRA notification requirements, in violation ofRCRA 3010(a), 42 U.S.C. 6930(a); and, u. Failure to operate within its stated generator status for at least one (I) year, in violation of 30 Tex. Admin. Code Chapter 335, Subchapters C and F, [40 C.P.R. Parts 262 and/or 270]. EPA is prepared to meet and discuss the potential violations, and other areas of concern, with Sulzer Process Pumps (US), Inc., with the aim of resolving this matter through a timely settlement process. An Option for Resolution Upon receipt of this letter, if Sulzer Process Pumps (US), Inc. is interested in resolving the matter through settlement, Sulzer Process Pumps (US), Inc. has until 09/03/2018, to inform EPA by letter or e-mail by contacting: Tripti Thapa (6EN-H). Enforcement Officer Hazardous Waste Enforcement Branch U.S. Environmental Protection Agency, Region 6 1445 Ross Avenue, Suite 1200 Dallas, Texas 75202 e-mail: thapa.tripti@epa.gov Thereafter, Tripti Thapa will make arrangements to meet with Sulzer Process Pumps (US), Inc. facility representatives either at the EPA office in Dallas, Texas, or via a conference call. During this meeting or conference, Sulzer Process Pumps (US), Inc. 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 Sulzer Process Pumps (US), Inc. 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 10/23/2018. This is contingent on whether Sulzer Process Pumps (US), Inc. avails itself of the settlement process now offered and works amicably with the EPA. It should be noted that if Sulzer Process Pumps (US), Inc. decides not to accept this streamlined option for settlement, Sulzer Process Pumps (US), Inc. should notifY EPA of its decision in writing to Tripti Thapa by 09/03/2018. Thereafter, EPA will exercise its other options for ensuring Sulzer Process Pumps (US), Inc.'s timely compliance with RCRA and the regulations promulgated thereunder.