Document ELLjBGd771ZRr9EvbXBR4Ejn

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 4 ATLANTA FEDERAL CENTER 61 FORSYTH STREET ATLANTA, GEORGIA 30303-8960 ELECTRONIC MAIL CONFIRMATION OF RECEIPT EMAIL REQUESTED Mr. Brent Fairchild Director of EHS TAV Holdings, Inc. 3311 Empire Boulevard SW Atlanta, Georgia 30334 bfairchild@tavholdingsinc.net SUBJ: Opportunity to Show Cause Resource Conservation Recovery Act (RCRA) Compliance Evaluation Inspection (CDIE) TAV Holdings, Inc., EPA ID # GAD033537663 Dear Mr. Fairchild: On October 20, 2021, the U.S. Environmental Protection Agency, along with the Georgia Environmental Protection Division, conducted a RCRA CDIE at TAV Holdings, Inc. (TAV) located in Atlanta, Georgia to determine the facility's compliance status with RCRA and applicable regulations. This RCRA CDIE was an EPA-lead inspection. The EPA has determined that the facility may not be in compliance with several requirements of the Georgia Hazardous Waste Management Act (GHWMA), Ga. Code Ann. 12-8-60 et seq. [Subtitle C of RCRA, 42 U.S.C. 6921 to 6939(g)], and the regulations promulgated pursuant thereto, found at Ga. Comp. R. and Regs. 391-3-11.01 to 391-3-11.18 [Title 40 of the Code of Federal Regulations (C.F.R.) Parts 260 through 279] based on potential violations observed during the CEI. The observations made during the inspection are summarized in the attached RCRA CEI Report. Please provide a detailed written response within fourteen (14) days following receipt of this letter describing any actions that TAV has taken and/or intends to take related to the observations and potential violations documented in the RCRA CDIE Report. Your response should be emailed to: Brooke York york.brooke@epa.gov U.S. Environmental Protection Agency, Region 4 RCRA Enforcement Section Information currently available to the EPA suggests that TAV may be in violation of, or have committed violations of, RCRA. By this letter, the EPA is extending to you an opportunity to advise the agency, via a conference call, of any further information the EPA should consider with respect to the potential violations. TAV may elect to be represented by legal counsel at this meeting and should be prepared to present relevant information and documentation pertaining to the EPA's observed potential violations. Internet Address (URL) http://www.epa.gov The EPA may determine that a formal enforcement action is appropriate and may assess civil penalties pursuant to Section 3008(a) of RCRA, 42 U.S.C. 6928(a). Therefore, TAV has the opportunity to present factors and documentation that could mitigate any penalties that may be assessed against the facility, including information on TAV ability to pay a penalty. Prior to the meeting, TAV may review the following documents: RCRA Civil Penalty Policy found at: http://www2.epa.gov/sites/production/files/documents/rcpp2003-fnl.pdf, Revised Penalty Matrices found at: https://www.epa.gov/sites/production/files/201801/documents/amendmentstotheepascivilpenaltypoliciestoaccountforinflation011518.pdf, and Inflation Adjustments found at: https://www.epa.gov/sites/production/files/202001/documents/2020penaltyinflationruleadjustments.pdf Please be advised that any information provided by TAV at the meeting may be used by the EPA in any civil or criminal proceedings related to this or other matters. Any false, fictitious, or fraudulent material omissions, statements or representations may subject TAV to criminal penalties under Section 3008(d)(3) of RCRA, 42 U.S.C. 6928(d)(3). If TAV chooses to accept this offer to meet with the EPA, the facility should contact Brooke York within seven (7) days following receipt of this letter to schedule a conference call. Brooke York can be reached at (404) 562-8025 or by email at york.brooke@epa.gov. If you decide not to accept this offer to meet to discuss the observed potential violations, the EPA may proceed with enforcement action against TAV as authorized under Section 3008(a) of RCRA, 42 U.S.C. 6928(a), including the assessment of appropriate civil penalties and injunctive relief. If TAV is a Small Business or a Small Community, you can find compliance and enforcement resources specifically designed to meet your needs at: http://www2.epa.gov/enforcement/small-businesses-andenforcement. In that webpage you can find information about the Small Business Regulatory Enforcement Fairness Act (SBREFA) that accords some rights to small businesses and is aimed at providing assistance to small businesses and other small entities, making tools available for better understanding of the regulatory and enforcement processes, and seeing that there is no unfair treatment relating to the regulatory enforcement process. Please feel free to contact Brooke York if you have any technical questions regarding the observations and findings from the inspection performed at TAV's facility. Sincerely, KIMBERLY KIMBERLY BINGHAM Digitally signed by BINGHAM 13:52:53 -04'00' Date: 2022.07.21 Kimberly L. Bingham Chief Chemical Safety and Land Enforcement Branch Enclosure cc: Mr. James Capp; GAEPD (Capp, James.Capp@dnr.ga.gov) Mr. Chuck Mueller; GAEPD (Chuck.Mueller@dnr.ga.gov) Mr. Jim McNamara; GAEPD (Jim.McNamara@dnr.ga.gov) Mr. Faney Foster; GAEPD (Faney.Foster@dnr.ga.gov)