Document B5x7479892X76g87EMgDZ43Kj

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 6 DALLAS, TX '_' i '' IN THE MATTER OF: FLOWCHEM TECHNOLOGIES 289 Cutlass Loop Rayne, LA 70596 RESPONDENT EPA ID LAR000071084 Consent Agreement and Final Order USEPA Docket No. RCRA-06-2015-0936 CONSENT AGREEMENT AND FINAL ORDER I. PRELIMINARY STATEMENT I. This Consent Agreement and Final Order ("CAFO") is entered into by the United States Environmental Protection Agency, Region 6 ("EPA" or "Complainant") and Respondent, FlowChem Technologies ("FlowChem" or "Respondent"), and concerns the facility located at 289 Cutlass Loop, Rayne, Louisiana, 70596 (the "Facility"). 2. Notice of this action has been given to the State of Louisiana, under Section 3008(a)(2) of the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C. 6928(a)(2). 3. For the purpose of these proceedings, Respondent admits the jurisdictional allegations herein; however, the Respondent neither admits nor denies the specific factual allegations and conclusions oflaw contained in this CAFO. This CAFO states a claim upon which relief may be granted. 4. The Respondent explicitly 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 set forth in the CAFO. Re: FLOWCHEM TECHNOLOGIES RCRA-06-2015-0936 5. The CAFO resolves only those violations which arc alleged herein. 6. The Respondent consents to the issuance of the CAFO hereinafter recited, consents to the assessment and payment of the stated civil penalty in the amount and by the method set out in this CAFO, and consents to the specific stated compliance order. II. JURISDICTION 7. This CAFO is issued by the EPA pursuant to Section 3008(a) ofRCRA, 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 CAFO under 40 Code of Federal Regulations ("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 the EPA or the United States to enforce the terms of this CAFO, Respondent agrees not to contest the authority or jurisdiction of the EPA to issue or enforce this CAFO, and agrees not to contest the validity of this CAFO or its terms or conditions. III. FINDINGS OF FACT AND CONCLUSIONS OF LAW 9. Respondent is an authorized corporation in the State of Louisiana, incorporated on April 30, 2004. I 0. Respondent is a "person" within the meaning of Section I 004(15) of RCRA, 42 U.S.C. 6903(15), which include corporations; and within the meaning of Title 33 of the Louisiana Administrative Code ("LAC") LAC 33:V.I09, [40 C.F.R. 260.10]. 2 Re: FLOWCHEM TECHNOLOGIES RCRA-06-2015-0936 II. Respondent owns and/or operates its Facility as a specialty chemical manufacturer which offers a complete range of production chemicals, maintains a fully equipped technical service and research laboratory, and provides services to oil and gas companies, plants, and refineries. 12. During the period ofJanuary 2015 through July 2015, EPA conducted a RCRA investigation and record review ofFlowChem's performance as a generator of hazardous waste, ("Investigation") to determine FlowChem's compliance with RCRA and the regulations promulgated thereunder. 13. During the Investigation, EPA discovered that FlowChem, at a minimum, generated the following hazardous waste from 20 I0 through 2015: a. Hazardous wastes that exhibit the characteristic of ignitability and corrosivity, respectively DOO I and 0002; and b. Hazardous wastes that exhibit the toxicity characteristics for Toxaphene, m-Cresol; and p-Cresol, respectively with the hazardous waste codes, DO 15, D024, and 0025. 14. The waste streams identified in Paragraph 13 above are designated as hazardous waste in LAC 33:V.4903.B. C. and E., [40 C.F.R. 261.21, 261.22, and 261.24)]. 15. FlowChem is a "generator" of"hazardous wastes" at the Facility, as those terms are defined in Sections 1004(5) & (6) ofRCRA, 42 U.S.C. 6903(5) & (6) and LAC 33:V.109, [40 C.F.R. 260 and 261]. 16. The exemptions set forth at LAC 33:V.108.C, [40 C.F.R. 261.5(c)], are not applicable to FlowChem. 3 Re: FLOWCJ-IEM TECHNOLOGIES RCRA-06-20 15-0936 17. From the Investigation, EPA determined that during the period of2012 through 2014, FlowChem generated the hazardous waste streams identified in Paragraph 13 in quantities that exceeded the threshold amount of I,000 kilograms of hazardous waste per month, which qualifies FlowChem for the large quantity generator status as established under LAC 33:V 1109, [40 C.F.R. Part 262]. 18. The Facility is a "solid waste management facility" within the meaning of Section I 004(29) of RCRA, 42 U.S.C. 6903(29); a "facility" within the meaning of LAC 33:V.109, [40 C.F.R. 260.1 OJ; and a "hazardous waste management facility" within the meaning of LAC 33:V.l 09, [40 C.F.R. 260.10). 19. As a generator of hazardous waste, FlowChem is subject to Sections 3002 and 3010 of RCRA, 42 U.S. C. 6922 and 6930, and the regulations set forth at Title 33 of LAC Part V, Chapters I through 51, [40 C.F.R. Parts 262 and/or 270]. Claim i. Notification Requirements 20. The allegations in Paragraphs 1-19 are realleged and incorporated herein by reference. 21. Pursuant to Section 3010(a) ofRCRA, 42 U.S.C. 6930(a), any person generating a characteristic or listed hazardous 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. 22. At the time of the Investigation, FlowChem had not filed with the Administrator or with the authorized State an adequate and subsequent notification of hazardous waste activities in violation of Section 301 O(a) of RCRA, 42 U.S.C. 6930(a). 4 Re: FLOWCHEM TECHNOLOGIES RCRA-06-20 15-0936 Claim ii. Failure to Make Hazardous waste Determination 23. The allegations in Paragraphs 1-19 are realleged and incorporated herein by reference. 24. Pursuant to LAC 33:V.11 03, [40 C.F.R. 262.11] Respondent, as a generator of solid waste, is required to determine if each solid waste is a hazardous waste either by applying the required test method or by applying its knowledge of the hazardous characteristics of the solid waste in light of the materials or the processes used to produce it. 25. At all times relevant to this CAFO, Respondent routinely generated several hazardous wastes, for which there was no adequate and complete hazardous waste determination. 26. Based on the EPA's knowledge of Respondent's activities at the Facility and the waste profile of the waste streams, during the periods of 2012 and 2014, Respondent failed to make adequate and complete hazardous waste determinations on all its solid waste streams in violation LAC 33:V.1103, [40 C.F.R. 262.11]. Claim iii. Failure to Comply with the Manifest Requirements 27. The allegations in Paragraphs 1-19 arc realleged and incorporated herein by reference. 28. Pursuant to, LAC 33:V.11 07.A.1, [40 C.F.R. 262.20(a)(l )], a small or large quantity generator shall not offer its hazardous waste for shipment unless it prepares a standard manifest form (EPA Form 8700-22) according to the instructions found in the Appendix to 40 C.F.R. Part 262. 29. For several instances during the period of2012, Respondent generated and offered for shipment hazardous waste on manifests without an EPA identification number. 5 Re: FLOWCI-IEM TECHNOLOGIES RCRA-06-2015-0936 30. For several instances during the period of2012, FlowChem failed to accurately and adequately prepare its hazardous waste manifests for its shipments of hazardous waste in violation of LAC 33:V.ll07.A.l, [40 C.F.R. 262.20(a)(l)]. IV. COMPLIANCE ORDER 31. Pursuant to Section 3008(a) of RCRA, 42 U.S.C. 6928(a), Respondent is hereby ordered to take the following actions, and within thirty (30) calendar days of the effective date of this CAFO, Respondent shall provide in writing the following: A. Respondent shall certify that it has assessed all its solid waste streams to determine the accurate waste codes and has developed and implemented standard operating procedures ("SOPs") to ensure that FlowChem is operating in compliance with RCRA and the regulations promulgated thereunder, including, but not limited to, procedures for: (a) accurate and adequate waste profiling; (b) making hazardous waste determinations; (c) managing hazardous wastes; and (d) reporting, transporting, and disposing of hazardous waste; B. Respondent shall certify that it has accurately and adequately complied with its RCRA Section 301 0 Notification; and C. Respondent shall provide, with its certification, a copy of Respondent's SOPs as described in subparagraph A above. 6 Re: FLOWCl-lEM TECHNOLOGJES RCRA-06-20 15-0936 32. In all instances in which this CAFO requires written submission to EPA, the submittal made by Respondent shall be signed by an owner or otTicer of FlowChem and shall include the following certification: "I certify under the penalty of law that this document and all its attachments were prepared by me or under my direct supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations." Copies of all documents required by this CAFO shall be sent to the following: U.S. Environmental Protection Agency Compliance Assurance and Enforcement Division Hazardous Waste Enforcement Branch Compliance Enforcement Section (6EN-HC) 1445 Ross Avenue Dallas, TX 75202-2733 Attn: Dale Thrush v. TERMS OF SETTLEMENT i. Penalty l'rovisions 33. Pursuant to Section 3008(a) ofRCRA, 42 U.S.C. 6928, and upon consideration of the entire record herein, including the above referenced Findings of Fact and Conclusions of Law, which are hereby adopted and made a part hereof, upon the seriousness of the alleged violations, and Respondent's good faith efforts to comply with the applicable regulations, it is ordered that Respondent be assessed a civil penalty of Thirty-Seven 'J'housand Five Hundred and Twenty-Two Dollars ($37,522.00). 7 Re: FLOWCHEM TECJ-!NOLOGJES RCRA-06-2015-0936 34. The penalty shall be paid within thirty (30) calendar days of the effective date of this CAFO and made payable to the Treasurer United States. 35. The following are Respondent's options for transmitting the penalties: Regular Mail, U.S. Postal Mail (including certified mail) or U.S. Postal Service Express Mail, the check should be remitted to: U.S. Environmental Protection Agency Fines and Penalties Cincinnati Finance Center P.O. Box 979077 St. Louis, MO 63197-9000 Overnight Mail (non-U.S. Postal Service), the check should be remitted to: U.S. Bank Government Lockbox 979077 US EPA Fines and Penalties I005 Convention Plaza SL-MO-C2-GL St. Louis, MO 63101 314-418-1028 Wire Transfer: Federal Reserve Bank ofNew York ABA: 021030004 Account No. 68010727 SWIFT address= FRNYUS33 33 Liberty Street New York, NY 10045 The case name and docket number (In the Matter ofFlowChem Technologies Docket No. RCRA-06-2015-0936) shall be clearly documented on or within your chosen method of payment to ensure proper credit. 8 Re: FLOWCHEM TECHNOLOGIES RCRA-06-2015-0936 36. The Respondent shall send a simultaneous notice of such payment to the following: Lorena S. Vaughn Regional Hearing Clerk (6RC-D) U.S. EPA, Region 6 1445 Ross Avenue Dallas, Texas 75202-2733 Mark Potts, Associate Director Hazardous Waste Enforcement Branch (6EN-H) Compliance Assurance and Enforcement Division U.S. EPA, Region 6 1445 Ross Avenue Dallas, Texas 75202-2733 Attention: Dale Thrush Your adherence to this request will ensure proper credit is given when penalties are received by EPA. 37. Pursuant to 31 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 outstanding debts owed to the United States and a charge to cover the cost of process and handling a delinquent claim. Interest on the civil penalty assessed in this CAFO will begin to accrue on the effective date of the CAFO and will be recovered by EPA on any amount of the civil penalty that is not paid within thirty (30) calendar days of the civil penalty's due date and will be assessed at the rate of the United States Treasury tax and loan rate in accordance with 40 C.F.R. 13.ll(a). Moreover, the costs of EPA's administrative handling of overdue debts will be charged and assessed monthly throughout the period the debt is overdue. 40 C.F.R. 13 .II (b). EPA will also assess a $15.00 administrative handling charge for administrative costs on unpaid penalties for the thirty (30) day period after the payment is due and an additional $15.00 for 9 Re: FLOWCHEM TECHNOLOGIES RCRA-06-2015-0936 each subsequent thirty (30) day period the penalty remains unpaid. In addition, a penalty charge of up to six percent per year will be assessed monthly on any portion of the debt which remains delinquent more than ninety (90) days. 40 C.F.R. 13.11(b). Should a penalty charge on the debt be required, it shall accrue from the llrst day payment is delinquent. 31 C.F.R. 901.9(d). Other penalties for failure to make a payment may also apply. ii. Costs 38. Each party shall bear its own costs and attorney's fees. Furthermore, Respondent speciflcally waives its right to seek reimbursement of its costs and attorney's fees under the Equal Access to Justice Act (5 U.S.C. 504), as amended by the Small Business Regulatory Enforcement Fairness Act (P.L. 04-121), and any regulations promulgated pursuant to those Acts. iii. Termination and Satisfaction 39. When Respondent believes that it has complied with all the requirements of this CAFO, including compliance with the Compliance Order and payment of the civil penalty, Respondent shall so certifY in writing and in accordance with the certification language set forth in Section IV (Compliance Order), Paragraph 32. Unless the EPA, Region 6 objects in writing within sixty (60) days of EPA's receipt of Respondent's certillcation, then this CAFO is terminated on the basis of Respondent's certilleation. iv Effective Date of Settlement 40. This CAFO shall become effective upon 11ling with the Regional Hearing Clerk. 10 Re: FLOWCHEM TECHNOLOGIES RCRA-06-20 15-0936 THE UNDERSIGNED PARTIES CONSENT TO THE ENTRY OF THIS CONSENT AGREEMENT AND FINAL ORDER: FOR THE RESPONDENT: Date:~/;S FOR THE COMPLAINANT: SF.P ~ 0 I 015 Date: - - - - - Director Compliance Assurance and Enforcement Division 11 Re: FLOWCJ-IEM TECHNOLOGIES RCRA-06-2015-0936 FINAL ORDER Pursuant to the Consolidated Rules of Practice Governing the Administrative Assessment of Civil Penalties, 40 CFR Part 22, the foregoing CAFO 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 alleged herein. 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 all applicable federal, state, and local statutes and regulations, including the regulations that were the subject of this action. The Respondent is ordered to comply with the terms of settlement and the civil penalty payment instructions as set forth in the CAFO. Pursuant to 40 CFR 22.3l(b) this Final Order shall become effective upon filing with the Regional Hearing Clerk. Date: Cj 30 / S- Thomas Rucki Regional Judicial Officer 12 Re: FLOWCI-IEM TECHNOLOGIES RCRA-06-2015-0936 CERTIFICATE OF SERVICE I hereby certify that on the~day of /X:\f ,2015, the original of the foregoing Consent Agreement and Final Order was hand delivered to the Regional Hearing Clerk, U.S. EPA- Region 6, 1445 Ross Avenue, Dallas, Texas 75202-2733, and that a true and correct copy of the CAFO was sent to the following by the method identified below: CERTIFIED MAIL- RETURN RECEIPT REQUESTEDJOfi/0/'j()()()[JZ),2,Lfi)ljC7q7Q Flowchem Technologies ATTN: Kasey Castille I 06 Cu!lass Loop Rayne, LA 70578 Paralegal 13