Document 6bBb0opZ2oGwEGVxJYq4NO7b4

UNITED STATES ENVffi.ONMENTAL PROTECTION AGENCY REGION6 DALLAS, TX FILE D 2019 1 lo')\ -7 I I L. I Ef' ,A, r [ r..;I.: : i IN THE MATTER OF: STULLER SETTING INC. Administrative Compliance Order on Consent 302 Rue Louis XIV USEPA Docket No. RCRA-06-2019-0901 Lafayette, Louisiana 70508 RESPONDENT Proceeding under Section 3008(a) ofthe Resource Conservation And Recovery Act ("RCRA") ADMlNISTRATIVE COMPLIANCE ORDER ON CONSENT I. PRELIMINARY STATEMENT 1. This Administrative Compliance Order on Consent ("ACOC") is entered into by the United States Environmental Protection Agency, Region 6 ("EPA") and Respondent, Stuller Setting Inc., ("Stuller Settings" or "Respondent"), and concerns the facility located at 302 Rue Louis XIV Lafayette, Louisiana 70508 (the "Facility"). 2. Notice ofthis action has been given to the State ofLpuisiana, under Section 3008(a)(2) of RCRA, 42 U.S.C. 6928(a)(2) 1 I On January 24, 1985, the state ofLouisiana received fmo.l authorization for its base Hazardous Waste Management Program (50 FR 334~). Subsequent re11isions have been made to the Louisiana Hazardous Waste Program and authorized by the EPA- Except as otherwise provided, all citations foWJd within this CAFO are to the "EPA-Approved Louisiana Statutory and Regulatory Requirements Applicable to the Hazardous Waste Management Program" dated November 2015, incorporated by reference Wider 40 C.F.R- 272. 951{c)(J)(i) effective on December 20, 2016. 81 Fed. Reg. 72730 (October 21, 2016); 40 C F.R. 272. 951 : Louisiana State-Administered Program: Final Authorization. References and citations to the "EPA-Approved Louisiana Statutory and Regulatory Requirements Applicable to the Hazardous Waste Management Program" may vary slightly from the State ofLouisiana's published version. RCRA-06-20 19-0901 STULLER SETTING INC. 3. For the purpose ofthese proceedings, Respondent admits the jurisdictional allegations herein; however, Respondent neither admits nor denies the specific factual allegations and conclusions oflaw contained in this ACOC. This ACOC states a claim upon which relief may be granted. 4. Respondent explicitly waives any right to contest the allegationS and its right to appeal the proposed final order contained in this ACOC and waives all defenses which have been raised or could have been raised to the claims set forth in the ACOC. 5. Respondent consents to the issuance of the ACOC hereinafter recited and consents to the specific stated Compliance Order, Section VI, of this ACOC. II. JURISDICTION 6. This ACOC is issued by the EPA pursuant to Section 3008(a) of the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C. 6928, as amended by the Hazardous and Solid Waste Amendments of 1984 ("HSWA") and is simultaneously commenced and concluded through the issuance of this ACOC under 40 C.F.R. 22.13(b) and 22.18(b)(2) and (3). 7. Respondent agrees to undertake and complete all actions required by the terms and conditions ofthis ACOC. In any action by the EPA or the United States to enforce the terms ofthis ACOC, Respondent agrees not to contest the authority or jurisdiction of the EPA to issue or enforce this ACOC and agrees not to contest the validity of this ACOC or its terms or conditions. ill. STATEMENTOFPURPOSE 8. This ACOC provides for the resolution of EPA Region 6's investigation of Respondent's Facility. 2 RCRA-06-2019-0901 STULLER SETTING INC. 9. In entering into this ACOC, the mutual objectives of EPA, Region 6 and Respondent are to remedy, and/or prevent the potential endangerment to human health and/or the environment from activities involving solid waste and hazardous waste, and to ensure that the injunctive relief that Respondent will complete as described the Section VI, Compliance Order, is protective of human health and/or the environment. IV. STATUTORY AND REGULATORY BACKGROUND 10. Federal regulatidn of hazardous waste is primarily based on RCRA, enacted on October 21, 1976 to amend the Solid Waste Disposal Act, and the Hazardous and Solid Waste Amendments ("HSWA") enacted by Congress in 1984 to further amend the Solid Waste Disposal Act. RCRA establishes a "cradle-to-grave" program to be administered by the Administrator of EPA and authorized states for regulating the generation, transportation, treatment, storage, and disposal of hazardous waste. See 42 U.S.C. 6901 et seq. I I. RCRA's Subchapter III (RCRA 3001-3023,42 U.S.C. 6921-6940, known as "Subtitle C") required EPA to promulgate regulations establishing performance standards applicable to facilities that generate, transport, treat, store, or dispose of hazardous wastes. Together, RCRA Subtitle C and its implementing regulations, set forth at 40 C.F.R Parts 260-279, comprise EPA's RCRA hazardous waste program. 12. Pursuant to its authority under RCRA, EPA has promulgated regulations at 40 C.F.R. Parts 260 through 272 applicable to generators, transporters, and treatment, storage, and disposal facilities. These regulations generally prohibit treatment, storage, and disposal of hazardous waste without a permit or equivalent "interim status." They prohibit land disposal of certain hazardous wastes, and provide detailed requirements governing the activities of those who 3 RCRA-06-2019-0901 STULLER SETIING INC. generate hazardous waste and those who are lawfully permitted to store, treat, and dispose of hazardous waste. 13. Pursuant to 40 C.P.R. 261.2, a "solid waste" is any discarded material that is not otherwise excluded under 40 C.P.R. 261.4(a), or that is not excluded by variance. A discarded material is any material which is abandoned, recycled, inherently waste-like, or a military munitions. Materials are solid waste, as defmed in 40 C.F.R. 261.2, ifthey are abandoned by being disposed of, burned or incinerated, or accumulated, stored, or treated (but not recycled) before, or in lieu of, being abandoned by being disposed of, bumed, or incinerated. 14. A solid waste is a hazardous waste if it is not excluded from regulation as a hazardous waste under 40 C.P.R. 261.4(b), and it exhibits any of the characteristics ofhazardous waste identified in 40 C.F.R. Part 261, Subpart Cor it is listed in C.F.R. Part 261, Subpart D. 15. Characteristic hazardous wastes are assigned "0" codes in 40 C.F.R. Part 261, Subpart C, depending on the specific hazardous characteristic that the waste exhibits. 16. An ignitable hazardous waste has a flash point ofless than 60 degrees centigrade (140 degrees Fahrenheit) and is assigned the 000 I hazardous waste code pursuant to 40 C.F.R. 261.21. 17. A corrosive hazardous waste has a pH of!ess than or equal to 2.0 or greater than or equal to 12.5 and is assigned the D002 hazardous waste code pursuant to 40 C.F.R. 261.22, and a reactive hazardous waste is assigned the D003 hazardous waste code pursuant to 40 C.F.R. 261.23. 18. Listed wastes are assigned with "P", "K", "P", and "U" codes in 40 C.P.R. Part 261, Subpart D, depending on the specific waste generated from a non-specific source, a specific source, 4 RCRA-06-2019-090 I STULLER SETTING INC, or discarded commercial chemical products, off-specification species, container residues and spill resid.ues therefrom. 19. 40 C.F.R. Parts 264 and/or 265 applies to owners and operators offacilities that treat, store and/or dispose of hazardous waste. 20. The relevant RCRA statutory and regulatory requirements to this ACOC require that generators of solid waste and hazardous waste must, among other things: A. Determine whether their generated solid wastes are hazardous, pursuant to 40 C.F.R. 262.11; B. Comply with the statutory notification requirements of Section 3010 ofRCRA, 42 U.S.C. 6930; C. Comply with the manifest requirements, pursuant to 40 C.F.R. 262.20; and D. Determine its generator status by meeting the exemption conditions set forth at 40 C.F.R. 262.34 or comply with the specific requirements set forth at 40 C.F.R. 270.10. V. FINDINGS OF FACT AND CONCLUSIONS OF LAW 21. Respondent is an authorized corporation in the State of Louisiana, authorized on 11/1211970, and is located at 302 Rue Louis XIV Lafayette, Louisiana 70508. 22. Respondent is a "person" within the meaning of Section 1004(15) ofRCRA, 42 U.S.C. 6903(15); and Title 33 of the Louisiana Administrative Code ("LAC") LAC 33:V.l09, [40 C.F.R. 260.10]. 5 RCRA-06-2019-0901 STULLER SETTJNG lNC. 23. Respondent's Registered Agent for Service in the State of Louisiana is Reid Clausen, who is located at 302 Rue Louis XIV Lafayette, Louisiana 70508. 24. Stuller Settings owns a Facility that manufactures jewelry. 25. During the period of09/20/2018 to I 1/03/2018, EPA conducted a RCRA investigation and record review ("Investigation") of Stuller Settings performance as a generator of hazardous waste. 26. During the Investigation, EPA discovered that Stuller Settings, at a minimum, generated the following waste: A. DOOl (Ignitability), D002 (Corrosivity) B. D008 (Lead), D009 (Mercury), DOll (Silver) C. U002 (Acetone (I)) 27. The waste streams identified in Paragraph 26 are hazardous waste as defined in LAC 33:V.4901.B. & F, and 4903.E, [40 C.F.R. 261.21 and 261.22]. 28. The exemptions set forth at LAC 33:V.l08.C, [40 C.F.R. 261.5(c)], are not applicable to Stuller Settings. 29. From the Investigation, EPA determined that during 2016 Stuller Setrings generated one or more of the hazardous waste streams identified inParagraph 26 in quantities that exceeded the threshold amount of 100 kilograms of hazardous waste per month, which qualified Stuller Settings for the small quantity generator ("SQG") status established under LAC 33: V 1!09, [40 C.F.R. Part 262], for the periods that such wastes remained onsite. 6