Document Jrq6REmgEnj7K8mo2Beo7nvGr
UNITED STATES ENVIRONMENTALiPROTECTION AGENCY
REGION 6 DALLAS, TX
FIL ED
2018Jll: 1 - 6 Vi 10 ?9
IN THE MATIER OF:
ROCKWATER ENERGY SOLUTIONS, LLC
Respondent
CONSENT AGREEMENT FINAL ORDER
USEPA Docket No. RCRA-06-20 18-0918
CONSENT AGREEMENT AND FINAL ORDER 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 "Compla~nant") and Respondent, Rockwater Energy Solutions, LLC ("Rockwater" or "Respondent") and concerns Rockwater' s two (2) facilities. The facilities that are covered by this CAFO are: (1) Hobbs that is located at 2703 West Mruyland, Hobbs, New Mexico; and (2) Snyder that is located at 1600 Avenue Q, Snyder, Texas (the "Facilities" or "Facility"). 2. Notice of the commencement ofthis action has been given to the states of New Mexico and Texas, under Section 3008(a)(2) of Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C. 6928(a)(2) for the facilities that are listed in Paragraph 1, respectively. .
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Re: Rockwater Energy Solutions, LLC RCRA-06-20 18-0918 3. For the purpose of these proceedings, Respondent admits the jurisdictional
allegations herein; however, Respondent neither admits nor denies the specific factual allegations and alleged violations contained in this CAFO.
4. Respondent explicitly waives its 'right to appeal the proposed final order contained in
this CAFO.
5. This CAFO resolves only those violations which me alleged herein.
6. This CAFO covers the violations alleged herein and for the specific periods set fmih
in Section IV of this CAFO, and for the period covered by Section V (Compliance Order)
Pmagraphs 102 and 103 of this CAFO. 7. Respondent consents to the issuance of the CAPO 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 as set forth in Section V, (Compliance Order), Pmagraphs 102 and 103 ofthis CAPO..
' 8. For purposes of this CAFO, where no differences exist, citations to 40 C.P.R. Pmis 260, 261, 262, and 273 are citations to the corresponding New Mexico Administrative Code ("NMAC") sections at Title 20, Chapter 4, Pmt 1 since the relevant sections inthe NMAC incorporate by reference the corresponding federal regulations.
. II.
JURISDICTION 9. This CAPO is issued by the EPA pursuant to Section 3008(a) ofRCRA, 42 U.S. C. 6928, as amended by the Hazmdous and Solid Waste Amendments of 1984 and is simultaneously commenced and concluded through the issuance of this CAFO under 40 C.P.R. 22.13(b) and 22.18(b)(2) and (3).
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Re: Rockwater Energy Solutions, LLC RCRA-06-2018-0918 I 0. 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.
I III. STATUTORY AND REGULATORY BACKGROUND II. Federal regulation of hazardous waste is primarily based on RCRA, enacted on October 21, 1976 to amend the Solid Waste Disposal Act, and the Hazardous and Solid Waste Amendments ("HSWA") enacted by Congress in 1984 to fmther amend the Solid Waste Disposal Act. RCRA establishes a "cradle-to-grave" program to be administered by the Administrator of EPA and authorized states for regulating the generation, transportation, treatment, storage, and disposal of hazardous waste. See 42 U.S.C. 6901 et seq. 12. RCRA's Subchapter III (RCRA 3001-3023, 42 U.S.C. 6921-6940, known as "Subtitle C") required EPA to promulgate regulations establishing performance standards applicable to facilities that generate, transport, treat, store, ?r dispose of hazardous wastes. Together, RCRA Subtitle C and its implementing regulations, set forth at 40 C.F.R. Parts 260- 279, comprise EPA's RCRA hazardous waste program. 13. Pmsuant to its authority under RCRA, EPA has promulgated regulations at 40 C.F.R. Pmis 260 through 272 applicable to generators, transporters, and treatment, storage, and disposal facilities. These regulations generally prohibit treatment, storage, and disposal of hazardous waste without a permit or equivalent "interim status." They prohibit land disposal of certain hazardous wastes, and provide detailed requirements governing the activities of those who generate hazardous waste and those who are lawfully permitted to store, treat, and dispose of hazardous waste.
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Re: Rockwater Energy Solutions, LLC RCRA-06-20 18-0918
14. Pursuant to 40 C.F.R. 261.2, a "solid waste" is any discarded material that is not otherwise excluded under 40 C.F.R. 261.4(a), or that is not excluded by variance. A discarded material is any material which is abandoned, recycled, inherently waste-like, or a militmy munitions. Materials are solid waste, as defined in 40 C.F.R. 261.2, if they are abandoned by being disposed of, burned or incinerated, or accumulated, stored, or treated (but not recycled) before, or in lieu of, being abandoned by being disposed of, burned, or incinerated.
15. A solid waste is a hazardous waste if it is not excluded from regulation as a hazardous waste under 40 C.F.R. 261.4(b), and it exhibits any ofthe characteristics ofhazmdous waste identified in 40 C.F.R. Part 261, Subpart Cor it is listed in C.F.R. Part 261, Subpart D.
16. Characteristic hazmdous wastes are assigned "D" codes in 40 C.F.R. Part 261, Subpart C, depending on the specific hazardous characteristic that the waste exhibits.
17. An ignitable hazardous waste has a flash point of less than 60 degrees centigrade (140 degrees Fall1'enheit) and is assigned the DOD! hazardous waste code pursuant to 40 C.F.R. 261.21.
18. A conosive hazardous waste has a pH ofless than or equal to 2.0 or greater than or equal to 12.5 and is assigned the D002 hazardous waste code pursuant to 40 C.F.R. 261.22, and a reactive hazardous waste is assigned the D003 hazardous waste code pursuant to 40 C.F.R. 261.23.
19. Listed waste al'e assigned with "F,", "K", "P", and "U" codes in 40 C.F.R. Part 261, Subpmt D, depending on the specific waste generated from a non-specific source, a specific source, or discarded commercial chemical products, off-specification species, container residues and spill residues therefrom.
20. 40 C.F.R. Parts 264 and/or 265 applies to owners and operators of facilities that treat, store and/or dispose of hazardous waste.
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