Document 6BknGwYOgry4db0XJj3qYZLa9

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 6 1445 ROSS AVENUE, SUITE 1200 DALLAS, TEXAS 75202-2733 April3, 2018 Danny Danielczyk Sr OPS Safety Manager Interline Brand Amsan 111 0 W Washington Paris, TX 75460 CERTIFIED MAIL 7014 0150 0000 2406 0819 RE: Potential RCRA Violations and Opportunity for Settlement Dear Mr. Danielczyk, The United States Environmental Protection Agency, Region 6 (EPA), through its investigation and records review, made certain determinations about Interline Brands Amsan (IBA), and its facility located at 1110 W Washington, Paris, Texas. 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 cunent areas of concern; (2) an option for resolution; and (3) a timeline for resolution. Current Areas of Concern As a generator ofhazardous waste, IBA 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.P.R. Parts 262 and/or 270]. Upon further investigation, EPA may determine that IBA is also subject to Sections 3004 and 3005 RCRA, 42 U.S.C. 6924 and 6925, and the regulations promulgated thereunder. Based on EPA's cunent investigation and records review, IBA has been generating hazardous waste and offering its hazardous waste for transportation and/or directly for treatment during at least 2016. Further, EPA has determined that the amount of IBA's hazardous waste generation likely triggers the large quantity generator requirements ofRCRA. From our investigation, EPA has identified several preliminary violations and areas of concem. At a minimum, EPA has identified the following preliminary violations of RCRA by IBA: 1. Failure to meet RCRA notification requirements, in violation of RCRA 3010(a), 42 U.S.C. 6930(a); 1 2. Failure to operate within its stated generator status for at least one (l) year, in violation of 30 Tex. Admin. Code Chapter 335, Subchapters C and F, [40 C.F.R. Parts 262 and/or 270]; and 3. Failure to submit its biennial report, for at least one (l) year, in violation of 30 Tex. Admin. Code 335.71 [40 C.F.R. 262.41]. EPA is prepared to meet and discuss the potential violations, and other areas of concern, with IBA, with the aim of resolving this matter through a timely settlement process. An Option iur Resuiuiiun Upon receipt of this letter, if IBA is interested in resolving the matter through settlement, IBA has until April13, 2018, to inform EPA by letter or e-mail by contacting: Ms. Courtney Carter (6RC-ER) Office of Regional Counsel RCRA & Toxics Enforcement Branch U.S. Environmental Protection Agency, Region 6 1445 Ross Avenue, Suite 1200 Dallas, Texas 75202 e-mail: carter.courtney@epa.gov Thereafter, Ms. Courtney Cm1er will make arrangements to meet with IBA representatives either at the EPA office in Dallas, Texas or via a conference call. During this meeting or conference, IBA may address the potential violations and present evidence that contravenes EPA's evidence. The main goal of this option is to bring the Paris facility, and other IBA facilities, into timely compliance with the applicable environmental laws and regulations. To the extent that IBA 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 cutTent evidence that EPA has in support of these violations, EPA estimates that the parties could have an agreed upon Consent Agreement and Final Order by September 10, 2018. This is contingent on whether IBA avails itself of the settlement process now offered and works amicably with the EPA. It should be noted that if IBA decides not to accept this streamlined option for settlement, IBA should notify EPA of its decision in writing to Ms. Courtney Carter by April 13, 2018. Thereafter, EPA will exercise its other options for ensuring IBA's timely compliance with RCRA and the regulations promulgated thereunder. 2