Document 5LQRoG97NKZoqENpz8B6gm64

UNITED STATES 23 JU~ -9 PM 2: OD ENVIRONMENTAL PROTECTION AGENCY REGION 6 DALLAS, TEXAS REGlO!,:P.L1-iEARiNG CLERK EPA REGION VI IN THE MATIER OF: MUELLER INC. OAK GROVE, LA 71263 RESPONDENT EPA DOCKET NUMBER EPCRA-06-2023-0568 CONSENT AGREEMENT AND FINAL ORDER CONSENT AGREEMENT The Director ofthe Enforcement and Compliance Assurance Division ofthe United States Environmental Protection Agency (EPA), Region 6 (Complainant), and Mueller Inc. (hereinafter Mueller-Oak Grove)(Respondent) in the above-referenced proceed ing, hereby agree to resolve this matter through the issuance of this Consent Agreement and Final Order (CAFO). I. PRELIMINARY STATEMENT I. This proceeding for the assessment of civi l penalties pursuant to Section 325(c) of the Emergency Planning and Community Right-to-Know Act (EPCRA), 42 U.S.C. 11045(c), is simultaneously commenced and concluded by the issuance of this CAFO against Respondent pursuant to 40 C.F.R. 22. 13(6), and 22. 18(6)(2) and (3). 2. For the purposes of this proceeding, Respondent adm its the jurisdictional allegations herein ; however, Respondent neithe r admits nor denies the specific factua l allegations contained in th is CAFO. Respondent explicitly waives any right to contest the allegations Muelfer Inc., Oak Grove Facility. Docket No. EPCRA 06-2023-0568 and its right to appeal the proposed Final Order set fo rth herein and waives a ll defenses which have been ra ised or cou ld have been raised to the c laims set forth in this CAFO. 3. Compliance with a ll the terms and conditions of th is CAFO sha ll resolve federa l civ il liability for only those violations which are set forth here in . 4. Respondent consents to the issuance of this CAFO, and to the assessment and payment of the stated c ivil penalty in the amount and by the method set forth in this CAFO. 5. Respondent represents it is duly authorized to execute this CAFO and the party signing this CAFO on behalf of Respondent is duly authorized to bind Respondent to the terms and conditions of this CAFO. 6. Respondent agrees the prov is ions of this CAFO shall be binding on its officers, directors, employees, agents, servants, authorized representatives, successors, and assigns. 7. Respondent hereby certifies that as of the date of the execution of this CAFO, Respondent has corrected the violations alleged in this CAFO and is now, to the best of its knowledge, in compliance w ith all applicable requirements of Section 3 13 of EPCRA, 42 U.S.C. 11 023, and 40 C.F. R. Part 372. II. STATUTORY AND REGULATORY BACKGROUND 8. Section 313 of EPCRA, 42 U.S.C. 11 023, 40 C.F.R. 372.22 and 372.30 requ ire the owner or operator of a facility w ith: (a) ten or more full-time employees; (b) a Standard Industrial Classificat ion (SIC) major group or industry code listed in 40 C.F.R. 372.23(a), for which the corresponding North American Industry C lassification System (NAICS) subsector or industry codes are listed in 40 C.F.R. 372.23(6) or (c); and (c) a toxic chemical listed under Subsection 3 I3(c) of EPC RA and 40 C.F.R. 372.65, that manufactured, processed, or otherwise used the chemical in Page 12 Mueller Inc., Oak Grove Facility. Docket No. EPCRA 06-2023-0568 excess of the threshold quantity establi shed under Subsection 3 I3(t) of EPCRA, 42 U.S.C. I 1023(t), and 40 C.F.R. 372.25, 372.27, or 372.28, to complete and submit a toxic chemical release inventory Form R, for each toxic chemical known by the owner or operator to be " manufactured, processed, or othe rwise used" in quantities exceeding the establ ished threshold quantity, to the Administrator of EPA and to the State in whic h the facility is located by July I, fo r the preceding calendar year. 9. Pursuant to Section 3 l 3(a) of EPCRA, 42 U.S.C. 11 023(a), the owner or operator of a fac ility sha ll complete a toxic chem ical release form for each toxic chemical listed under 3 13(c) of EPCRA, 42 U.S.C. 11023(c) that was manufactured, processed, or otherwise used in quantities exceed ing the toxic chemica l threshold quantity established by 313(f) of EPC RA, 42 U.S.C. 11023(t) during the preceding calendar year at such facil ity. Such form sha ll be submitted to the Administrator and to an official or officials of the State designated by the Governor on or before July I, 1988, and annually thereafter on July I and shall contain data reflecting releases during the preceding calendar year. I0. Pursuant to Section 3 I3(t) of EPCRA, 42 U.S.C. 11 023(t), and 40 C.F. R. 372.25, the threshold amount for reporting under Section 3 I3(b) of EPCRA, 42 U.S.C. 11023(b), and 40 C.F.R. 372.30, is 25,000 pounds for any toxic chemical manufactured or processed, and I0,000 pounds for any toxic chemical otherwise used for the applicable calendar year. A lternative reporting thresho lds a re set forth in 40 C.F.R. 372.27 and 372.28. 11 . 40 C.F.R. 372.30(a) requires that for each toxic chemical known by the owner or operator to be manufactured (including imported), processed, or otherw ise used in excess of an applicable threshold quantity in 40 C.F.R. 372.25, 372.27, or 372.28 at its Page 13 Mueller Inc., Oak Grove Facility. Docket No. EPCRA 06-2023-0568 covered facility described in 40 C.F.R. 372.22 for a calendar year, the owner or operator must submit to EPA and to the State in which the facil ity is located a completed EPA Form R (EPA Form 9350- 1), or EPA Form A (EPA Form 9350-2), a nd, for the dioxin and dioxin-like compounds category, EPA Form R Schedule I (EPA Form 93503) in accordance with the instructions referred to in subpart E of this part. 12. Pursuant to Section 313(g)(l)(C)(iii) of EPCRA, 42 U.S.C. I 1023(g)(l)(C)(i ii), and 40 C.F.R. 372.85(b)(l6), the Form R shall include information relative to waste treatment, including the type of waste stream containing the reported chemical, the treatment method applied to the waste stream, and an estimate of the efficiency of the treatment. III. FINDINGS OF FACT AND CONCLUSIONS OF LAW A. PRELIMINARY ALLEGATIONS I3. Respondent is a corporation organized under the laws of the State of Texas and authorized to do business in the State of Louisiana. 14. Respondent is a " person" as defined by Section 329(7) of EPCRA, 42 U.S.C. 11049(7). Respondent owns and operates the facility at 6914 Hwy 2, Oak Grove, LA 71263. 15. Respondent's facility identified in Paragraph 14 is a "facility as that term is defined by Section 329(4) of EPCRA, 42 U.S.C. I 1049(4), and 40 C.F.R. 372.3. I6. At the time ofthe violation(s), Respondent' s facility had ten ( I0) or more " full-time employees" as that term is defined by 40 C.F.R. 372.3. I7. Respondent's facility is in primary NA ICS code 3323 I I (Prefabricated Metal Buildings and Component Manufacturing) and is within subsector code 332 (Fabricated Metal Product Manufacturing), which is listed in 40 C.F.R. 372.23(b). 18. I 2 4-Trimethylbenzene, ethy lbenzene, lead, manganese, and xylene (mixed isomers) are Page 14 Mueller Inc., Oak Grove Facility. Docket No. EPCRA 06-2023-0568 "toxic chemicals" within the meaning of 40 C.F.R. 372.3 and 372.65. 19. During calendar years 20 17, 2018, 2019, 2020, and 202 1 the toxic chemicals in Paragraph 18 were "manufaclured, processed, or olherwise used," as those terms are defined by Section 3 I3(b) of EPCRA, 42 U.S.C. 11 023(b), and 40 C.F.R. 372.3, at Respondent's faci li ty. 20. On or about January 24, 2023, an off-site investigation was initiated to determine compliance of Respondent' s Oak Grove, LA faci lity with Section 3 13 of EPCRA. During the off-site investigation, EPA alleged the faci lity had fai led to timely report the aforementioned TRI chemicals in paragraph 18 for the 20 I7, 20 18, 20 19, 2020, and 202 1 reporting years, on or before the applicable due dates of July 2, 20 I8; July I, 20 19, July I, 2020; July I, 2021 ; and July I, 2022; respectively. 2 1. On or about May 18, 2023, the EPA sent Respondent a Proposed Settlement via email. On or about May 19, 2023, Respondent agreed to the proposed settlement for the alleged violations of Section 313 of EPCRA. B. VIOLATIONS 22. Complainant hereby restates and incorporates by reference Paragraphs 1 through 2 1. 23. During calendar years 20 17, 20 18, 2019, 2020, and 202 1, Respondent manufacturecl, processed, or otherwise used the TRI chem ical identified in Paragraph 18, at the Respondent's facility, in excess of the applicable threshold quantities for reporting. 24. EPA finds Respondent violated 42 U.S.C. I 1023(g)(l)(B), and 40 C.F.R. 372.85(b)(2) by failing to submit 2017, 20 18, 20 I9, 2020, and 202 1 TR I reporting forms for the aforementioned TRI chemicals in paragraph 18 on or before July 2, 2018; July I, 2019, July I, 2020; July I, 2021 ; and July I, 2022; respectively. Page 15 Mueller Inc.. Oak Grove Facility. Docket No. EPCIU 06-2023-0568 IV. TERMS OF SETTLEMENT A. CIVIL PENALTY 25. For the reasons set forth above, Respondent has agreed to pay a c ivil penalty which has been determined in accordance w ith Section 325(c) of EPCRA, 42 U.S.C. 11045(c), which authorizes EPA to assess a c ivil pena lty of up to Fifty-Five Thousand N ine Hundred and Seven Dollars ($55,907) per day per violation of EPCRA. 1 Upon consideration of the entire record herein, includ ing the Findings of Fact and Conclusions of Law, which are hereby adopted and made a part hereof, and upon consideration of the nature, circumstances, extent and gravity of the alleged violations, and with respect to Respondent' s ability to pay, history of prior EPCRA Section 313 violations, the degree of c ulpabi lity, econom ic benefit or savings (if any) resulting from the violations, and other facto rs as j ustice may require, it is ORDERED that Respondent be assessed a civil penalty of seventy-three thousand nine-hundred eighty-three dollars and no cents ($73,983.00). 26. Within thirty (30) days of the effective date of this CAFO, Respondent shall pay the assessed c ivil penalty by certified check, cashier' s check, or wire transfer, made payable to "Treasurer, United States of America, EPA - Region 6". Payment shall be rem itted in one of three (3) ways: regular U.S. Postal Service mail (inc luding certified mai l), overnight mai l, or w ire transfer. 1 The statutory maximum penalty level under Section 325{c) of EPCRA, 42 USC I 1045(c) has been adjusted over time as required by the Federal Civil Penalties Inflation Adjustment Act of 1990 (28 U.S.C. 246 I note; Pub. L. IO 1-4 I0), as amended by the Debt Collection Improvement Act of 1996, and most recently, by the Federal Civil Penalties Inflation Adj ustment Act Improvements Act of2015 (28 U.S.C. 2461 note; Pub. L.114-74, Section 70 I). EPA implements these adjustments through rulemaking which are codified in 40 CFR Part 19. As adjusted by the Amendments to the EPA 's Civil Penalty Policies lo Account for Inflation (effective Janua,y I5, 2018) and Transmillal ofthe 2018 Civil kloneta,y Penalty Inflation Ac(justmenl Rule (2018 Ruic) (83 Fed. Reg. I 194), 40 C.F.R. 19.4, the Administrator may assess a civil penalty of up to $55,907 per violation per day of violation occurring after November 2, 20 15 and where penalties are assessed on or after January I5, 20 18. Page [ 6 Mueller Inc., Oak Grove Facility. Docket No. EPCRA 06-2023-0568 For U.S. Postal Service mail, the check(s) should be remitted to: U.S. Environmental Protection Agency Fines and Penalties Cincinnati Finance Center P.O. Box 979078 St. Louis, MO 63 197-9000 For overnight mail (non-U.S. Postal Service, e.g., Fed Ex), the check(s) should be remitted to: U.S. Bank Government Lockbox 979078 US EPA Fines & Penalties I005 Convention Plaza SL-MO-C2-GL St. Lou is, MO 6310 I Phone No. (3 14) 418-1 028 For wire transfer, the payment should be remitted to: Federal Reserve Bank of New York ABA = 02 1030004 Account = 68010727 SWIFT address = FRNYUS33 33 Liberty Street New York, N Y 10045 Field Tag 4200 of the Fedwire message should read " D 680 10727 Environmental Protection Agency" In addition to the above methods of payments: Payments may also be made electronically . For informat ion on electronic payments, please visit https:/lwww.epa.gov/financial/makepayn1ent The above web site may also be referenced for making payments via credit card fo r any dollar amount up to $24,999.99. There is no limit for check ing accounts or debit cards. PLEASE NOTE: Docket number EPCRA 06-2023-0568 shall be clearly typed on the check, or other method of payment, to ensure proper credit. In addition, for further accounting clarification, please preface the above Docket number with the acronym: Page 17 Mueller Inc., Oak Grove Facility. Docket No. PCRA 06-2023-0568 CAFO, e.g., CAFO EPCRA 06-2023-0568 on the method of payment. If payment is made by check, the check shall also be accompanied by a transmittal letter and shall reference Respondent' s name and address, the case name, and docket number of the CAFO. If payment is made by wire transfer, the wire transfer instructions shall reference Respondent's name and address, the case name, and docket number of the CAFO. Respondent shall also send a simultaneous notice of such payment, including a copy of the check and transmittal letter, or wire transfer instructions to the following: Morton E. Wakeland, Jr., Ph.D. EPCRA 313 Enforcement Coordinator U.S. EPA, Region 6 Toxics Enforcement Section (ECDST) 120 I Elm Street, Suite 500 Dallas, TX 75270-2102 wakeland.morlon(a),epa.gov and Lorena Vaughn Regional Hearing Clerk U.S. EPA, Region 6 120 I Elm Street, Suite 500 Dallas, TX 75270-2102 vaughn.lorena@epa.gov Respondent's adherence to this request will ensure proper credit is given when penalties are received by EPA and acknowledged in the Region. Respondent agrees not to claim or attempt to claim a federal income tax deduction or credit covering all or any part of the civil penalty paid to the United States Treasurer. 27. If Respondent fails to submit the first payment within thirty (30) days of the effective . date of this Order, Respondent may be subject to a civil action to collect the penalty in Page 18 Mueller Inc., Oak Grove Facility. Docket No. EPCRA 06-2023-0568 full , in an appropriate district court of the United Stated pursuant to Section 325(t) of EPCRA, 42 U.S.C. 11045(t). 28. Pursuant to 3 1 U.S.C. 3717 and 40 C.F.R. 13. 11 , unless otherwise prohibited by law, EPA will assess interest and late payment penalties on outstand ing debts owed to the United States and a charge to cover the costs of processing and handling a delinquent claim. Interest on the civil penalty assessed in this CAFO will begin to accrue thirty (30) days after the effective date of the CAFO and w ill be recovered by EPA on any amount of the civi l penalty that is not paid by the respective due date. Interest will be assessed at the rate of the United States Treasury tax and loan rate in accordance with 40 C.F.R. I3. 11 (a). Moreover, the costs of the Agency's administrative handling ofoverdue debts wi ll be charged and assessed monthly throughout the period the debt is overdue. See 40 C.F.R. 13. 1l(b). 29. EPA will also assess a $ 15.00 administrative handling charge for administrative costs on unpaid penalties for the first thirty (30) day period after the payment is due and an additional $ 15.00 for each subsequent thirty (30) day period that the penalty remains unpaid. In addition, a penalty charge of up to six percent per year wi ll be assessed monthly on any portion of the debt which remains delinquent more than ninety (90) days. See 40 C.F.R. 13.11 (c). Should a penalty charge on the debt be required, it shall accrue from the first day payment is delinquent. See 3 1 C.F.R. 90 l.9(d). Other penalties for fa ilure to make a payment may also apply. 30. T his Consent Agreement and Final Order shall not relieve Respondent of its obligation to comply with a ll applicable provisions of federal , state or local law, nor shall it be construed to be a ruling on, or determination of, any issue related to any federal, state or Page I 9 Mueller Inc.. Oak Grove Facility. Docket No. EPCRA 06-2023-0568 local permit. 31. This document is a " Final Order" as that term is defined in the " Enforcement Response Policy for Section 3 13 of the Emergency Planning and Community Right-to-Know Act ( I986) and Section 6607 of the Pollution Prevention Act ( 1990)," dated August I0, 1992 (Amended: 1996, 1997, and 200 I; and updated in accordance w ith the 2016 CiviI Monetary Penalty Inflation Adjustment Rule on February 24, 20 17) for the purpose o f demonstrating a history of" prior such violations." B. RETENTION OF ENFORCEMENT RIGHTS 32. EPA does not waive any rights or remedies avai lable to EPA fo r any violations by Respondent of Federal or State laws, regulations, or permitting conditions. 33. Nothing in this CAFO shall relieve Respondent of the duty to comply with a ll applicable provisions o f Section 313 of EPCRA, 42 U.S.C. 11 023, and 40 C.F.R. Part 372. 34. Nothing in this CAFO shall limit the power and authority of EPA or the United States to take, direct, or order a ll actions to protect public health, welfare, or the environment, or prevent, abate or minimize an actual or threatened release of hazardous substances, pollutants, contaminants, hazardous substances on, at, or from Respondent' s faci lity. Furthermore, nothing in this CAFO shall be construed to prevent or limit EPA's civi l and c riminal authorities, or that of Federal, State, or local agencies or depa11ments to obtain penalties or injunctive relief under Federal, State, o r local laws or regulations. C. COSTS 35. Each party shall bear its own costs and attorney' s fees. Furthermore, Respondent specifically waives its right to seek reimbursement of its costs and attorney's fees under 5 U.S .C. 504 and 40 C.F.R. Part 17. Page I 10 Mueller Inc., Oak Grove Facility. Docket No. EPCRA 06-2023-0568 D. EFFECTIVE DATE 36. T his CAFO becomes effective upon filing w ith the Regional Hearing Clerk. 37. The EPA and Respondent agree to the use of electronic signatures for this matter. The EPA and Respondent further agree to e lectronic service of this Consent Agreement and Final Order, pursuant to 40 C.F.R. 22.6, by ema il to the fo llowing addresses: To EPA: To Respondent: wakeland.morton@epa.gov bill.hunler@muellerinc.com Page I 11 Mueller Inc., Oak Grove Facilily. Dockel No. EPCRA 06-2023-0568 THE UNDERSIGNED PARTIES CONSENT TO THE ENTRY OF THIS CONSENT AGREEMENT AND FINAL ORDER: FOR THE RESPONDENT: 06-08-2023 Date: _ _ _ _ _ _ __ Bill Hunter Risk Manager Mueller Supply Company 19 15 Hutchins Avenue Ballinger, TX 76821 Oak Grove Facility FOR THE COMPLAINANT: Date: _J_un_e_9_,_2_0_23_ _ _ o;gaally ,igned by CHERYL SEAGER Dale: 2023.06.09 11:52:47 -0S'OO' Cheryl T. Seager Director Enforcement and Compliance Assurance Divis ion U.S. EPA Region 6 Dallas, Texas 75270-2 102 Page I 12 Mueller Inc., Oak Grove Facility. Docket No. PC/vi 06-2023-0568 FINAL ORDER Pursuant to Section 325(c) of EPCRA, 42 U.S.C. 11045(c), and the Consolidated Rules of Practice Governing the Administrative Assessment of Civil Penalties, 40 C.F.R. Part 22, the foregoing Consent Agreement is hereby ratified. This Final Order shall not in any case affect the right of EPA or the United States to pursue appropriate injunctive or other equitable relief or criminal sanctions for any violations of law. This Final Order shall resolve only those causes of action al leged in the Consent Agreement. Nothing in this Final Order shall be construed to waive, extinguish or otherwise affect Respondent' s (or its officers, agents, servants, employees, successors, or assigns) obligation to comply with a ll applicable federal , state, and local statutes and regulations, including the regulations that were the subject of this action. Respondent is ordered to comply with the terms o f settlement and the civi l penalty payment instructions as set forth in the Consent Agreement. In accordance with 40 C.F.R. 22.3 l(b), this Final Order shall become effective upon fil ing with the Regional Hearing Clerk. Date: _ _ _ _ _ _ _ __ THOMA S RUCKI Digitally ,;gned by THOMAS RUCKI ON:C US, o U.S. Government. ou=Environmental Protection Agency, en=THOMAS RUCKI, 0.9.2342.19200300.100.1.1 6800100 3655804 Date; 2023.06.09 t 4:47:37 -04'00" Thomas Rucki Regional Judicial Officer U.S. EPA Region 6 Dallas, Texas 75270-2102 Page I 13 ,\/11eller Inc.. Oak Grow! Facility. Docket No. F:PCRA 06-2013-0568 CERTIFICATE OF SERVICE I cenify that that a true and correct copy of the foregoing Consent Agreement and final Order was delivered electronically to the Regional Hearing Clerk, U.S. EPJ\, Region 6, 120 I Elm Street, Dallas, Texas 75270-2102, and that a true and correct copy was sent this day of 6 9 2023 ___ _ _1_1_____ _ _ _ in the following manner to the addressees: Copy via Email to Complainant: 11akelaml.morton(a)epa.gov, and vn11g/111.lor e11a@epa.gov Copy via Email to Respondent: bill.l11t11ter(a)muel/eri11c.co111 Morton E. Digitally signed by Morton E. Wakeland, Jr. Wakeland, Jr. 15:42:41 -05'00' Date: 2023.06.09 Morton E. Wakeland, Jr. (''Mort''), Ph.D. EPCRA Section 313 Enforcement and TRI Program Coordinator U.S. EPA Region 6 Compliance Assurance and Enforcement Division (ECD) Toxics Enforcement Section (ECDST) Dallas, Texas 75270 (214) 665-8116 Page I 1-l