Document 932b3byogDKYn1kazaxrgEQve

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Region6 1445 Ross Avenue, Suite 1200 Dallas, Texas 75202 - 2733 MAR- G1 2018' CERTIFIED MAIL- RETURN RECEIPT REQUESTED: 7014 0150 0000 2406 0017 Tim Hoyer, President MIC Group, LLC 3140 S. Blue Bell Rd. Brenham, TX 77833 RE In the Matter ofMIC Group, LLC (West Facility) Docket No. EPCRA-06-2018-0501 Dear Mr. Hoyer: Enclosed is the fully executed Consent Agreement and Final Order (CAFO) filed with the Regional Hearing Cleric. MIC Group, LLC has thitiy days fiom the effective date of the CAFO to submit your payment of$41,595.00. The effective date is the date the CAFO is stamped in the lop right corner of the document. If you have any questions, or concerns regarding this matter, please contact me at 214.665.8034. Your cooperation in the settlement of this case is most appreciated. Sincerely, Enclosure .~ sra; Lancaster PCRA 313 Enforcement Officer EPA, Region 6 UNITED STATES l l}f.n P;L. 1 1.;,,) '/ fo ENVIRONMENTAL PROTECTION AGENc'y ' REGION 6 t.>,f .. IJ : IJ DALLAS, TEXAS -..,, I I I. l'/ IN THE MATTER OF: MIC GROUP, LLC WEST FACILITY BRENHAM, TEXAS RESPONDENT DOCKET NO. EPCRA 06-2018-0501 CONSENT AGREEMENT AND FINAL ORDER The Director of the Compliance Assurance and Enforcement Division, United States Environmental Protection Agency (EPA), Region 6 (Complainant), and MIC Group, LLC (Respondent), in the above-referenced proceeding, hereby agree to resolve this matter through the issuance of this Consent Agreement and Final Order (CAFO). I. PRELIMINARY STATEMENT 1. This proceeding for the assessment of civil penalties pursuant to Section 325(c) of the Emergency Planning and Community Right-to-Know Act (EPCRA), 42 U.S.C. 11 045(c), is simultaneously commenced and concluded by the issuance ofthis CAFO against Respondent pursuant to 40 C.F.R. 22.13(b) and 22.18(b)(2) and (3). 2. For the purposes ofthis proceeding, Respondent admits the jurisdictional allegations herein; however, Respondent neither admits nor denies the specific factual allegations and conclusions of law contained in this CAFO. In the Matter ofMIC GROUP LLC (WEST FACILITY); Docket No. EPCRA-06-20!8-0501 3. Respondent explicitly waives any right to contest the factual allegations or conclusions of law contained in this CAFO, as well as its right to appeal the Final Order set forth herein, and waives all defenses which have been raised or could have been raised to the claims set forth in the CAFO. 4. EPA and Respondent agree that the settlement of the relevant matters without litigation will save time and resources, that it is in the public's interest, and that the entry of this CAFO is the most appropriate means ofresolving such matters. This CAFO resolves the violation alleged under Section 313 of EPCRA, 42 U.S.C. 11023, and 40 C.F.R. Part 372, for the 2012 through 2016 period, based upon infotmation provided to EPA during the course of the investigation. 5. Respondent consents to the issuance of this CAFO and to the assessment and payment of the stated civil penalty in the amount and by the method set forth in this CAFO. 6. Respondent represents that it is duly authorized to execute this CAFO and that the party signing this CAFO on behalf of Respondent is duly authorized to bind Respondent to the terms and conditions of this CAFO. 7. Respondent agrees that the provisions of this CAFO shall be binding on its officers, directors, employees, agents, servants, authorized representatives, successors, and assigns. 8. Respondent hereby ce1iifies that as of the date of the execution of this CAFO, MIC Group, LLC has conected the violations alleged in this CAFO, and is now, to the best of its knowledge, in compliance with all applicable requirements of Section 313 ofEPCRA, 42 U.S.C. II 023, and 40 C.F.R. Part 372. 2 In the Matter ofMIC GROill' LLC (WEST FACILITY); Docket No. EPCRA-06-20 18-050 I II. STATUTORY AND REGULATORY BACKGROUND 9. Section 313 ofEPCRA, 42 U.S.C. 11023, and 40 C.F.R. 372.22 and 372.30 require the owner or operator of a facility that: (a) has ten or more full-time employees; (b) is an establishment with a primary Standard Industrial Classification (SIC) major group or industry code listed in 40 C.P.R. 372.23(a), or a primary North American Industry Classification System (NAICS) subsector or industry code listed in 40 C.F.R. 372.23(b) or (c); and (c) "manufactured, processed, or otherwise used" a toxic chemical listed under Subsection 313(c) of EPCRAand 40 C.F.R. 372.65, in excess of the threshold quantity established under Subsection 313(1) of EPCRA, 42 U.S.C. II 023(1), and 40 C.P.R. 372.25, 372.27, or 372.28 during the calendar year, to complete and submit a toxic chemical release inventory Form R to the Administrator of EPA and to the State in which the subject facility is located by July I of the following year, for each toxic chemical known by the owner or operator to be "manufactured, processed, or otherwise used" in quantities exceeding the established threshold quantity during that preceding calendar year. 10. According to Section 313(1) ofEPCRA, 42 U.S.C. 11023(1), and 40 C.P.R. 372.25, the threshold amount for reporting under Section 3!3(b) ofEPCRA, 42 U.S.C. 11023(b), and 40 C.P.R. 372.30, is 25,000 pounds for any toxic chemical "manufactured or processed," and I 0,000 pounds for any toxic chemical "otherwise used" for the applicable calendar year. Alternative reporting thresholds are set forth in 40 C.P.R. 372.27 and 372.28. 3 In the Matter ofMIC GROUP LLC (WEST FACILITY); Docket No. EPCRA-06-2018-0501 III. FINDINGS OF FACT AND CONCLUSIONS OF LAW A. PRELIMINARY ALLEGATIONS II. Respondent is incorporated under the laws of the State of Texas and is authorized to do business in the State of Texas. 12. Respondent is a "person" as defined by Section 329(7) of EPCRA, 42 U.S.C. II 049(7). 13. Respondent owns/operates a facility at 1801 Industrial Blvd., Brenham, TX 77833 14. Respondent owns and operates a "facility", as that term is defined by Section 329(4) ofEPCRA, 42 U.S.C. 11049(4), and 40 C.F.R. 372.3. 15. Respondent's facility has ten (10) or more "full-time employees" as that term is defined by 40 C.P.R. 372.3. 16. Respondent's facility is in NAICS subsector or industry code 332710, machine shops. 17. The chemicals clnomium, manganese and nickel are "toxic chemicals" within the meaning of 40 C.P.R. 372.3 and 372.65. 18. During the 2015 reporting year, cln-omium, manganese and nickel were "manufactured", "processed", and/or "otherwise used" as those terms are defined by 40 C.P.R. 372.3, at the Respondent's facility. As such, Respondent is subject to the regulatory and statutory provisions cited herein. 19. On March 23,2017, an inspection of Respondent's facility was conducted by a duly authorized representative of EPA where the violations alleged below were discovered. 4 In the Matter ofMIC GROUP LLC (WEST FACILITY); Docket No. EPCRA-06-2018-050 I B. VIOLATIONS Failure to timely File Form R for chromium for Calendar Year 2015 20. During calendar year 2015, the Respondent "processed" the "toxic chemical" chromium at the Respondent's facility, in excess of the applicable threshold quantities. 21. The Respondent failed to file a Fmm R with EPA and the State of Texas for cluomium by July 1, 2016, for the 2015 calendar year. 22. Therefore, the Respondent violated Section 313(a) ofEPCRA, 42 U.S.C. 11023(a), and 40 C.F.R. 372.30 by failing to submit a complete and accurate Form R for chromium for calendar year 2015, to EPA and to the State of Texas by July 1, 2016. Failure to timely File Form R for nickel for Calendar Year 2015 23. During calendar year 2015, the Respondent "processed" the "toxic chemical" nickel at the Respondent's facility, in excess of the applicable threshold quantities. 24. The Respondent failed to file a Fmm R with EPA and the State of Texas for nickel by July I, 2016, for the 2015 calendar year. 25. Therefore, the Respondent violated Section 313(a) ofEPCRA, 42 U.S.C. 11023(a), and 40 C.P.R. 372.30 by failing to submit a complete and accurate Fmm R for nickel for calendar year 2015, to EPA and to the State of Texas by July I, 2016. Failure to timely File Form R for manganese for Calendar Year 2015 26. During calendar year 2015, the Respondent "processed" the "toxic chemical" manganese at the Respondent's facility, in excess of the applicable threshold quantities. 5