Document GzV2KDjorwzQYV89DOqj27jn4

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 6 1201 ELM STREET, SUITE 500 DALLAS, TEXAS 75270 July 5, 2023 VIA E-MAIL: esteen@tdw.com Elton Steen Tidewater Marine LLC 200 Ford Industrial Road Amelia, LA 70340 RE: Notice of Potential Violation and Opportunity to Confer Dear Mr. Steen, The United States Environmental Protection Agency, Region 6 ("EPA"), through its investigation and records review, made certain determinations about Tidewater Marine LLC and its facility located at 200 Ford Industrial Road, Amelia, LA. Information currently available to the EPA suggests that Tidewater Marine LLC may be in violation of/have committed a violation(s) of the Resource Conservation and Recovery Act ("RCRA"), and the regulations promulgated thereunder. By this letter, the EPA is extending to you an opportunity to advise the Agency, in person, via a conference call, or in writing, of any further information the EPA should consider with respect to the potential violation(s). Specifically, EPA has identified potential violations of the Resource Conservation and Recovery Act ("RCRA"), and the regulations promulgated thereunder. I therefore write to share with you: (1) the current areas of concern; (2) an option for resolution; and (3) a timeline for resolution. Current Areas of Concern As a generator of hazardous waste, Tidewater Marine LLC 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 the Louisiana Administrative Code (LAC) Part V, Chapters 3-5, 7, and 11 [40 Code of Federal Regulations (C.F.R.) Parts 262 and/or 270]. Upon further investigation, EPA may determine that Tidewater Marine LLC is also subject to Sections 3004 and 3005 of RCRA, 42 U.S.C. 6924 and 6925, and the regulations promulgated thereunder. Based on EPA's current investigation and records review, Tidewater Marine LLC is identified as a RCRA Very Small Quantity Generator. However, according to eManifest(s) listed in Attachment 1, at least once within the last five calendar years, the Tidewater Marine LLC generated hazardous waste in quantities between 100 kilograms and 1,000 kilograms per calendar month, which qualified the Tidewater Marine LLC as a Small Quantity Generatoras established under Title 33 of the Louisiana Administrative Code (LAC) Part V, Chapters 3-5, 7, and 11 [40 Code of Federal Regulations (C.F.R.) Parts 262 and/or 270]. At a minimum, EPA identified the following potential violations: i. Failure to meet RCRA notification requirements, in violation of RCRA 3010(a), 42 U.S.C. 6930(a); ii. Failure to operate within its stated generator status for at least one (1) year, in violation of LAC: Part V, Chapter 11, 40 C.F.R. Parts 262 and/or 270. EPA is prepared to meet and discuss the potential violations, and other areas of concern, with Tidewater Marine LLC, with the aim of resolving this matter through a timely settlement process. An Option for Resolution Upon receipt of this letter, if Tidewater Marine LLC is interested in resolving the matter through settlement, Tidewater Marine LLC has until 07/17/2023, to inform EPA by telephone or e-mail by contacting: U.S. EPA, Region 6 1201 Elm Street, Suite 500 Enforcement and Compliance Assurance Division (ECDSR) ATTN: Tripti Thapa Dallas, Texas 75270-2102 e-mail: thapa.tripti@epa.gov Phone: 214-665-7563 Thereafter, Tripti Thapa will make arrangements to discuss this letter with Tidewater Marine LLC facility representatives via a conference call. During this conference call, Tidewater Marine LLC may address the potential violations and present evidence that contravenes EPA's evidence. The main goal of this option is to bring the facility into timely compliance with the applicable environmental laws and regulations. To the extent that Tidewater Marine LLC qualifies as a "small business" under the Small Business Regulatory Enforcement Fairness Act, enclosed is an Information for Small Businesses sheet that provides information on compliance assistance. Timetable for Resolution Given the nature of the potential violations listed above and the current evidence that EPA has in support of these violations, EPA estimates that the parties could have an agreed upon Administrative Order on Consent by 09/07/2023. This is contingent on whether Tidewater Marine LLC avails itself of the settlement process now offered and works amicably with the EPA. It should be noted that if Tidewater Marine LLC decides not to accept this streamlined option for settlement, Tidewater Marine LLC should notify EPA of its decision in writing to Tripti Thapa by 07/17/2023. Thereafter, EPA will exercise its other options for ensuring Tidewater Marine LLC's timely compliance with RCRA and the regulations promulgated thereunder. Please direct questions to Tripti Thapa of the Waste Enforcement Branch at 214-665-7563 or via email at Thapa.tripti@epa.gov. Thank you for your attention to this matter. Sincerely, JEFFREY YURK Digitally signed by JEFFREY YURK Date: 2023.07.05 13:19:58 -05'00' Jeff Yurk Manager Waste Enforcement Branch Enclosure U.S. EPA Small Business Resources Information Sheet eCC: craig.easley@la.gov jimbo.earles@la.gov Manifest Number 016685093FLE 016685330FLE 016695332FLE 016695366FLE 003070047GBF 006250416GBF 006061423GBF 006061630GBF 000278603GRR 003685164GBF 003685184GBF 006055593GBF ATTACHMENT 1 Waste Codes D001, D035, F003, F005 D001 D001, D035, F003, F005 None D001, D035, F003, F005 D002 D001, D035, F003, F005 D001 D001, D035, F003, F005 None D001, D035, F003, F005 D001, D035, F005 D035, F003, F005, D001 D001, D035, F003, F005 D001, D035, F003, F005 D001, D035, F003, F005 D001, D035, F003, F005 None Quantity in Kilograms 208 208 416 208 (not counted in total) 416 416 61 61 208 208 (not counted in total) 208 208 208 208 208 719 625 208 (not counted in total)