Document 7R3MJE05GqyzVa92OL3anjxxE

FI L ED UNITED STATES 1 ENVIRONMENTAL PROTECTION AGENc 013 J :. 18 t; l S: I J REGION6 DALLAS, TEXAS REG IO,_AL HE/:.. 1, :~ CJ : , [ I' 1\ REG lON VI ... . ' IN TilE MAITER OF: LFM INDUSTRIES INC. HOUSTON, TEXAS RESPONDENT CONSENT AGREEMENT AND FINAL ORDER Docket No. RCRA-06-2018-0909 CONSENT AGREEMENT I. PRELIMINARY STATEMENT 1. This Consent Agreement and Final Order ("CAFO") is entered into by the United States Environmental Protection Agency, Region 6 ("EPA" or "Complainant") and Respondent, LFM Industries Inc. ("Respondent") and concernsthe facility located at 117 North Palmer Street in Houston, Texas ("Houston Facility"). 2. Notice of this actio"n has been given to the State of'Texas, under Section 3008(a)(2) of the Resource Conservation and Recovel'y Act ("RCRA"), 42 U.S.C. 6928(a)(2). 3. For the purpose of this CAFO, Respondent admits the jurisdictional allegations herein; however, Respondent neither admits nor denies the specific factual allegations and conclusions of law contained in this CAFO. This CAFO states a claim upon.which reli~f may be granted. ,4. Respondent waives any right to contest the allegations and its right to appeal the proposed final order contained in this CAFO, and waives all defenses which have been raised or could have been raised to the claims in the CAFO. 5. The CAFO resolves only those violations which are alleged herein. LFM Industries Inc. Docket No. RCRA-06-2018-0909 6. Respondent consents to the following: issuance of the CAFO hereinafter recited; the assessment and payment of the stated civil penalty in the amount and by the method set out in this CAFO; and to the specific stated compliance order. U. JURISDICTION 7. This CAFO is issued by EPA pursuant to Section 3008(a) ofRCRA, 42 U.S.C. 6928(a), as amended by the Hazardous and Solid Waste Amendments of 1984 and is simultaneously commenced and concluded through the issuance of this CAFO under 40 C.F.R. 22.13(b), and 22.18(b)(2) and (3). 8. Respondent agrees to undertake and complete all actions required by the terms and conditions of this CAFO. In any action by EPA or the United States to enforce the terms of this CAFO, Respondent agrees not to contest the authority or jurisdiction of EPA to issue or enforce this CAFO, and agrees not to contest the validity of this CAFO or its terms or conditions. HI. GENERAL ALLEGAl'llONS 9. Respondent is a Texas corporation authorized to do business in the State of Texas on October 29, 2003. 10. Respondent is a "person" within the meaning of Section 1004(15) ofRCRA, 42 U.S.C. 6903(15), and 30 TEX. ADMIN. CODE1 3.2(25) (40 C.F.R. 260.102). 1 All references to the Texas Administrative Code ("TEX. ADMIN. CODE") within this CAFO are to the EPAApproved Texas Statutory and Regulatory Requirements Applicable to the Hazardous Waste Management Program. On December 26, 1984, the State of Texas received final authorization for its Base Hazardous Waste Management Program (49 FR 48300). Subsequent revisions have been made to the State of Texas RCRA Program and authorized by the EPA. References found within this CAFO are to the EPA authorized version of the TEx. ADMIN. CODE and citations may vary slightly from the published version of the TEX. ADMIN. CODE. 2 Citations to the Code of Federal Regulations (C.P.R.) within this CAFO are to the authorized version of the C.F.R. at the time of filing and may vary from current references to the C.F.R. 2 LFM Industries Inc. Docket No. RCRA-06-2018-0909 11. Pursuant to 30 TEX. ADMIN. CODE 335.1(107) and (108) (40 C.P.R. 260.10), Respondent, at all times relevant to this CAPO, was an "owner" or "operator" of the Houston Facility. 12. Respondent is a "generator" of"hazardous waste"as the terms are defined in 30 TEX. ADMIN. CODE 335.1(65) (40 C.P.R. 260.10) and 30 TEX.ADMIN. CODE 335.1(69) (40 C.P.R. 260.10). 13. During the period fi-om December 2016 to September 2017, EPA conducted a RCRA investigation and record review (Investigation) of Respondent's activities as a generator of hazardous waste and its compliance with RCRA and the regulations promulgated thereunder. 14. During the Investigation, EPA determined Respondent, at a minimum, generated and offered for transport and treatment, 1,375 gallons of hazardous waste (Corrosivity (D002) and Chromium (D007)) on June 11, 2013; and 808 gallons of hazardous waste (Clu-omium (D007)) on October 11, 2013. 15. The waste streams identified in Paragraph 14 are "hazardous waste" as defined in 30 TEX. ADMIN. CODE 335.1(69), (40 C.P.R. 261.21, 261.22, 261.24, and 261.33). 16. Respondent, at all times relevant to this CAPO, was a "generator" ofha:z;ardous waste at the Houston Facility, as the term is defined in 30 TEx. ADMIN. CODE 335.1(65) (40 C.P.R. 260.10). 17. From the Investigation, EPA determined thafRespondent generated the hazardous waste streams identified in Paragraph 14 in quantities that exceeded its threshold amount of 100 kilograms per month under 30 TEX. ADMIN. CODE Chapter 335, Subchapter C, (40 C.P.R. Patt 262), for the periods that such wastes remained onsite. 3 LFM Industries Inc. Docket No. RCRA-06-20 18-0909 18. As a generator of hazardous waste, Respondent is subject to Sections 3002 and 3010 ofRCRA, 42 U.S.C. 6922 and 6930, and the regulations set forth in 30 TEX. ADMIN. CODE Chapter 335, Subchapter C, (40 C.F.R. Part 262). ][V. V][OLAT][ONS Claim 1: Notilficatiollll Requin~ments 19. Complainant hereby restates and incorporates by reference Paragraphs 1 tlnough 18. 20. Pursuant to 30 TEX. ADMIN. CODE 335:6(c), any person generating a characteristic or listed waste shall file with the Administrator or authorized State, a notification stating the location and general description of such activity and the identified or listed hazardous wastes handled by such person. This includes a subsequent notification for a change in the status of a generator. See also RCRA 301 O(a), 42 U.S. C. 6930(a). 21. Pursuant to 30 TEX. ADMIN. CODE 335.63(a), (40 C.F.R. 262.12(a)), a generator must not treat, store, dispose of, transport, or offer for transportation, hazardous waste without having received an EPA identification number from the Administrator. 22. Respondent, during the relevant time period, generated hazardous waste in quantities that exceeded the threshold amount of a Conditionally Exempt Small Quantity Generator (CESQG) of 100 kilograms per month. 23. Respondent treated, stored, disposed of, and/or offered for transportation hazardous waste. 24. Respondent's Houston Facility, during the relevant time period, did not have, nor apply for, an EPA identification number. 25. In 20!3, Respondent had not filed with EPA or Texas an adequate and timely notification of its hazardous waste activities at the Houston Facility. 4 LFM Industries Inc. Docket No. RCRA-06-2018-0909 26. EPA finds Respondent's failure to provide notification to EPA or Texas of its hazardous waste activities was a violation of30 TEX. ADMIN. CODE 335.6(c). See also 42 U.S.C. 6930(a). 27. EPA finds that at all relevant times to the CAFO, the Houston Facility treated, stored, disposed of, and/or offered for transportation hazardous waste without having received an EPA identification number from the Administrator in violation of 30 TEX. ADMIN. CODE 335.63(a), (40 C.F.R. 262.12(a)). Cllaim 2: Faihure to Operate Wit!J.illll Gellllerator Status 28. Complainant hereby restates and incorporates by reference Paragraphs 1 through 27. 29. A generator of hazardous waste is subject to the multiple requirements, including the applicable parts of30 TEx. ADMIN. CoDE 335, Subchapters (C)-(H), (0) (40 C.F.R. Patis 124, 262-68, 270). 30. From the Investigation, EPA determined that Respondent, for portions of the relevant years, generated hazardous waste as a Lmge Quantity Generator (LQG). 31. Respondent's Hazardous Waste Training Records for its Houston Facility did not include the following: a job title for each position at the facility related to hazardous waste management; name of the employee filling each job; a written job description for each job title; a written description of the type and amount of both introductmy and continuing training given to each employee; and records indicating the required training has been completed for each employee. 32. Respondent's Hazardous Waste Contingency Plan for its Houston Facility did not: list the names, addresses and phone numbers for all persons qualified to act as the emergency coordinator; list all emergency equipment at the facility; include an evacuation 5