Document Jy37kkQ3Mx6g79R9eK1k9Xpr

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION6 1445 ROSS AVENUE, SUITE 1200 DALLAS, TX 75202-2733 JAN 1 6 2018 CERTIFIED MAIL: RETURN RECEIPT REQUESTED: 7005 1820 0003 7458 3144 Mr. Lincoln Murphy, President Lindon Manufacturing & Laboratory, LLC 761 0 Wallisville Road Houston, TX 77020 Dear Mr. Mmphy: Lindon's February 2016 response to the Environmental Protection Agency's ("EPA") Januaty 2016 Information Request under Section 3007 ofthe Resource Conservation& Recovery Act ("RCRA") included an inventory of 36 five-gallon buckets containing "samples" and chemicals removed from the on-site laboratmy and placed in the "Prep Shed" at your facility loc~ted at 7610 and 7614 Wallisville Road in Houston, Texas. After comparing Material Safety Data Sheets for the materials that were identified on the inventory, EPA identified nmnerous incompatible materials that may present a substantial risk of fire, explosion, and danger to human health. EPA's letter of December 4, 2017, notified Lindon of the potential risk associated with the 36 buckets and requested that you arrange for the removal of the buckets and their contents from the facility and ensure that the materials were properly disposed of at a RCRA Treatment Storage and Disposal Facility. By letter of December 13, 2017, EPA granted Lindon's request for an extension to the timeline for removal of the materials until December 31, 2017. As of the date of this letter, Lindon has not removed and disposed of the buckets and their contents. Therefore, EPA is issuing the enclosed Unilateral Administrative Order ("Order") pursuant to Section 7003 of the Resource Conservation and Recovety Act, 42 U.S.C. 6973. The Order requires Lindon to properly assess, remove and dispose of the 36 buckets and their contents which include chemicals that are heat sensitive, shock sensitive, reactive with air or water, RCRA U-listed hazardous wastes, RCRA P-listed acute hazardous wastes, and RCRA hazardous wastes that are ignitable, conosive and/or toxic within fifteen (15) days of the effective date of the Order. The Order requires that Lindon use transporters that.have RCRA identification numbers and RCRA-pennitted Treatment Storage and Disposal Facilities for proper treatment and/or disposal. Additional requirements me detailed in the Order. We promote compliance with Federal environmental regulations in pmtnership with our States and Tlibes Internet Address (URL) http://www.epa.gov Within twenty-four (24) hours after the receipt of this Order, Lindon shall notifY EPA by telephone or email of intent to comply with the te1ms of this Order, and shall provide to EPA 'written confirmation' postmarked within forty-eight (48) hours after receipt of this Order, of its intention to comply. If such notice is not received, EPA will presume that Lindon does not intend to comply. Confi1mation should be directed to Mark Potts, Chief, Waste Enforcement Branch at the above address, at 214-665-2723, and/or at potts.mark@epa.gov. If you have any legal questions regarding the Order, please contact Tucker Henson at 214665-8148. If you have any technical questions regarding the Order, please contact Joel Dougherty at 214-665-2281. Sincerely, 0----- Cheryl T. Seager Director Compliance Assurance and Enforcement Division Enclosure cc: TCEQ Houston Regional Office TCEQ James Gradney 2 UNITED STATES FILED ENVffi.ONMENTALPROTECTION AGENCYzOIB Jfl'il ! 7 Pil I: 53 REGION 6 DALLAS, TEXAS '' REGIOIL\L f!,~/d\'I.'G Cl,{,.. ~ EP /\ IH.GIOhl VI IN THE MATIER OF: LINDON MANUFACTURING & LABORATORY, LLC HOUSTON, TEXAS 'RESPONDENT DOCKET NO. RCRA-06-2018-0907 Proceeding under Section 7003 of the Resource Conservation and R~covery Act, 42 U.S.C. 6973 RCRA 7003 UNILATERAL ADMINISTRATIVE ORDER Lindon Manufacturing & Laboratmy, LLC Docket No. RCRA-06-20 18-0907 RCRA Section 7003 Unilateral Administrative Order Page I of21 TABLE OF CONTENTS !. Introdnction ................................................................................................................................................ 2 II. Jurisdiction................................................................................................................................................ 2 III. Parties Bound .......................................................................................................................................... 2 IV. Definitions ............................................................................................................................................... 3 V. Findings ofFact........................................................................................................................................ 4 VI. Conclusions of Law and Determinations .............................................................................................. 13 VII. Order .................................................................................................................................................... 14 VIII. Work to be Performed ........................................................................................................................ 14 IX. Quality Assurance ................................................................................................................................. 16 X. Reporting, Recordkeeping and Access Requirements ............................................................................ l6 XL Document Ce1tification......................................................................................................................... l? XII. Compliance with Other Laws .............................................................................................................. 17 XIII. Noncompliance and Enforcement ...................................................................................................... 17 XIV. Reservation of Rights ......................................................................................................................... 17 XV. Other Claims ........................................................................................................................................ 18 XVI. Additional Work. ................................................................................................................................ 18 XVII. Force Majeure ................................................................................................................................... 18 XVIII. Termination and Satisfaction............................................................................................................ 19 XIX. Severability ........................................................................................................................................ 19 XX. Effective Date ...................................................................................................................................... 19 XXI. Opportunity to Confer ........................................................................................................................ 19 XXII. Administrative Record ......................................................... :............................................................ 20 Lindon Manufacturing & Laboratory, LLC Docket No. RCRA-06-2018-0907 RCRA Section 7003 Unilateral Administrative Order Page 2 of21 I. INTRODUCTION 1. This Unilateral Administrative Order ("Order") is issued to protect public health and the environment by the United States Environmental Protection Agency ("EPA"). This Order provides for the characterization and disposal of wastes by Lindon Manufacturing & Laboratory, LLC ("Respondent") in connection with property located at 7610 and 7614 Wallisville Road in Houston, Texas 77020 ("facility"). In filing this Order, EPA's objectives are to identifY, remedy and prevent the potential endangerment to human health and/or the environment fiom hazardous constituents associated with past and/or present solid and/or hazardous waste activities at the facility. Respondent shall finance and perfmm the actions ordered in this Order based upon plans, standards and specifications set fmth in this Order or developed by Respondent and approved by EPA pursuant to this Order. 2. EPA determined that Respondent has contributed and is contributing to the past or present handling, storage, treatment, transportation, and/or disposal of solid waste and hazardous waste and constituents of such wastes that may present an imminent and substantial endange1ment to health or the environment. Respondent operates the facility, which is a Treatment, Storage and/or Disposal Facility ("TSDF"). The facility contains over 300 containers and at least 18 tanks that storematerials that have not been properly characterized and have been stored at the facility beyond the timeframe allowed by EPA regulations. EPA inspected the facility and, based upon EPA's observations, incompatible wastes are stored in an improper and unsafe manner. Of concern to this Order, Respondent is currently storing 36 five-gallon buckets of miscellaneous hazardous wastes in a manner that presents an imminent and substantial endangerment to human health and the envirorunent. 3. EPA notified the State of Texas agencies of this action pursuant to Section 7003 of RCRA, 42 U.S.C. 6973, on July 24,2017. EPA also notified local government entities. II. JURISDICTION 4. This Order is issued to protect public health and/or the environment pursuant to Section 7003 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recove1y Act, and further amended by the Hazardous and Solid Waste Amendments of 1984 (collectively, "RCRA"), 42 U.S.C. 6973. Section 7003(a) ofRCRA authorizes the Administrator of EPA to issue an Order whenever the Administrator receives evidence that the past or present handling, storage, treatment, transpmtation, or disposal of any solid waste or hazardous waste may present an imminent and substantial endangerment to health or the environment. The Administrator delegated the authority to issue this Order to the Regional Adminisnator, EPA Region 6 by EPA Delegation Nos. R6-8-22-A and R6-8-22-B, dated May 11, 1994, and No. R6-8-23, dated March 6, 1986, and to the Director of the Compliance and Assurance Enforcement Division, Region 6 ("Director") by Delegation Nos. R6-8-22-A, dated July 27, 1995, R6-8-22-B, dated August 3, 2001, and R6-8-23, dated July 27, 1995. 5. This Order is issued to Respondent, the past and/or present operator of the facility, past and/or present generator of solid"waste and/or hazardous waste at the facility, and/or past and/or present handler of solid waste and/or hazardous waste at the facility. III. PARTillS BOUND 6. This Order applies to and is binding upon Respondent and its directors, officers, employees, agents, trustees, receivers, successors, and assigns. Any change in ownership of the facility or corporate status of Respondent shall not in any way alter, diminish or otherwise affect the obligations of Respondent under this Order. Lindon Manufacturing & Laboratory, LLC Docket No. RCRA -06-2018-0907 RCRA Section 7003 Unilateral Administrative Order Page 3 of21 7. Respondent shall provide a copy of this Order to its project managers, consultants, contractors, subcontractors, and other representatives who have responsibility to conduct or monitor any pmiion of the work to be perfonned pursuant to this Order. Respondent shall provide this copy within seven days of the effective date of this Order or upon the date that services are retained. Respondent shall, in all contracts made with contractors, snbcontractors, laboratories, and/or consultants in connection with this Order, require that party's compliance with the tem1s of this Order. IV. DEFINITIONS 8. Unless otherwise expressly provided herein, terms used in this Order that are defined in RCRA shall have the meaning assigned to them in RCRA and/or its implementing regulations. The following terms shall have the definitions listed below: "Acceptable" shall mean that the quality of submittals or completed work is sufficient in addressing the principal components ofthe required submittal or work so as to warrant EPA review in order to determine whether the submittal or work meets the terms and conditions of this Order, including all attachments, scopes of work, approved work plans and/or EPA's written collllllents, and relevant guidance documents. Approval by EPA of submittals or work, however, establishes that those submittals were prepared, or work was completed, in a manner acceptable to EPA. "Additional Work" shall mean any activity or requirement that is not expressly covered by this Order or attachments but is dete1mined by EPA to be necessary to fulfill the purposes of this Order, which are to protect human .health and/or the environinent considering facility-specific factors. "Administrative Record" shall mean the record compiled and maintained by EPA in connection with the implementation of this Order. It will also include docUlllents included at the Respondent's request. "CERCLA" shall mean the Comprehensive Enviromnental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. 9601-9675. "Comply" or "compliance" may be used interchangeably and shall mean completion of the work required by this Order, including submittal of documents of a quality acceptable to EPA, in accordance with work plans approved by EPA and in the manner and time specified in an approved work plan, this Order or any modification thereof. Respondent must meet both the quality (see the definition of "acceptable") and timeliness components of a particular requirement to be considered to be in compliance with the tmms and conditions of this Order. "Conosive" shall mean displays the characteristic of corrosivity and would be a RCRA hazardous waste when disposed. "Day" shall mean a calendar day unless expressly stated otherwise. "Effective Date" shall mean fourteen days after receipt of the Order by Respondent. Lindon Manufactming & Laboratory, LLC Docket No. RCRA-06-2018-0907 RCRA Section 7003 Unilateral Administrative Order Page 4 of21 "Facility" shall mean the property located at 7610 and 7614 Wallisville Road in Houston, Texas 77020. "Hazardous constituents" shall mean those constituents listed in Appendix VIII to 40 C.P.R. Pmt 261. "Ignitable" shall mean displays the characteristic ofignitability and would be a RCRA hazardous waste when disposed. "Imminent and Substantial Endangerment" shall mean that the present conditions at the facility may present a risk or future risk of an actual, threatened, or potential hmm to health or the environment. "Order" shall mean this RCRA Section 7003 Unilateral Administrative Order, any amendments thereto, and any documents incorporated by reference into this Order. "RCRA" shall mem1 the Resource Conservation and Recovery Act (also known as the Solid Waste Disposal Act), as amended, 42 U.S.C. 6901-6992k. "Reactive" shall mean displays the characteristic of reactivity and would be a RCRA hazardous waste when disposed. "Release" shall mean any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, seeping, leaching, dumping, placing, or disposing into the environment of any solid or hazardous waste or hazardous constituents, "Submittal" shall mean any document that Respondent is required to send to EPA pursuant to this Order, including, but not limited to, all the work plans, reports, and progress reports. "Toxic" shall mean displays the characteristic of toxicity and would be a RCRA hazardous waste when disposed. "Violation(s)" shall mean any actions, omtsswns, failures, or refusals to act by Respondent that result in a failure to meet any term or condition of this Order. "Work" shall mean any activity Respondent must perform to comply with the requirements of this Order. V. FINDINGS OF FACT A. Background 9. Respondent currently operates the facility, which manufactures oilfield service chemicals and is located at 7610 and 7614 Wallisville Road in Houston, Harris County, Texas. 10. From approxinmtely 1965 to 2002, Nutro Products Corporation ("Nutro") operated the facility and manufactured oilfield service chemicals. On October 31, 2002, NutTo leased the facility to Respondent (Lindon Manufacturing and Laboratmy, LLC). The bulk of the lease addressed environmental covenants provided by Nutro to Lindon. Lindon Manufacturhtg & Laboratory, LLC Docket No. RCRA-06-2018-0907 RCRA Section 7003 Unilateral Administrative Order Page 5 of21 11. Respondent was incorporated under the laws of the State of Texas on December 20, 2002. Mr. Lincoln Murphy is the President of Respondent and Mr. Alan Rein is the Vice President. Mr. Murphy was previously the plant manager for Nutro, and Mr. Rein was the laboratory manager for Nutro. Nutro's president, Mr. Donald Whitaker, retired when Respondent took control of the facility and is now deceased. 12. Respondent continues to operate the facility and manufactures oilfield service chemicals through on-site blending operations. 13. The facility includes three container storage areas: a warehouse referred to as the "Prep Shed," the "West Container Storage Area" on the western portion ofthe site, and the "Empty Container Storage Area" on the fm western end of the site. The container storage areas contain over 300 drums and intetmediate bulk containers (known as "totes"). Containers are also stored at other locations throughout the site. The facility also consists of approximately 18 large tanks, an abandoned laboratory, several other strnctures that were previously associated with administrative functions, and other meas where Respondent currently conducts business operations. 14. The facility is located less than 1,000 feet from a residential area and across the street fiom several businesses. B. State and Local Enforcement History 15. In September 2000, the Texas Natural Resomce Conservation,. now known as the Texas Commission on Environmental Quality (collectively, "TCEQ") conducted an inspection at the facility. During this inspection, TCEQ documented that Nutto routinely received containers of unknown waste and unknown origin; failed to conduct hazardous waste determinations for cmitents of numerous containers stored on-site; failed to inspect containers ofhazmdous waste for leaks and deterioration; allowed spills and releases on-site, some of which migrated off-site; and failed to keep records of all hazmdous and industrial solid wastes generated, stored, processed and stored on-site. TCEQ estimated that Nutro stored 335 containers of unknown wastes at the facility at the time of inspection. In response to this inspection, Nutro (via Alan Rein) stated in a letter to TCEQ dated May 23, 2001, that Nutro would identify, number and sample each container to detetmine its contents. 16. On May 14, 2003, TCEQ and Nutro entered into an Agreed Order, Docket No. 2000-1374-0HWE, wherein Nutro agreed to properly chmacterize the contents of containers at the facility and properly dispose of solid and hazardous waste at the facility. 17. On May 19, 2003, TCEQ inspected the facility and noted that Nutro had failed to conduct hazardous waste determinations for containers at the facility. During this inspection, Mr. Murphy stated that the facility was operated by Respondent; however, Respondent disclaimed ownership of on'site wastes. On July 14, 2003, TCEQ issued a Notice of Violation to Nutro. 18. By letter to TCEQ dated December I, 2003, Respondent stated that 179 drums had been found to contain saleable product arid were removed from the storage area. Respondent stated that the profits from these products would be used to defray the costs of sampling and disposing of drnms containing wastes. 19. Respondent submitted a report to TCEQ on September 13, 2006, regarding containers of waste at the facility. In the repmt, Respondent noted: Lindon Manufacturing & Laboratory, LLC Docket No. RCRA'06-2018-0907 RCRA Section 7003 Unilateral Administrative Order Page 6 of21 a. 520 drums were located on-site, an increase fiom the 335 estimated during TCEQ's inspection in September of2000. The increase was a result ofNutro transfening over 500 55-gallon drums to the facility in 2002 due to closure of other Nutro-operated sites. b. Respondent stated that many of the drums were in poor condition, and Respondent transferred the contents fiom leaking drums to reconditioned empty drums. c. 198 drums had readable labels and identifiable contents. Respondent sold 26 drums, used the contents of 159 drum to manufacture products and disposed of 13 drums found to be empty. d. 322 drums did not have labels or the contents were not identifiable and remained in storage. 20. TCEQ conducted a site visit on September 20, 2006, and observed approximately 300 to 350 waste drums without labels stored at the facility. Most containers were rusted and in poor condition. TCEQ also observed 20 tanks on-site, which Lindon stated to contaih only residual materials. TCEQ also documented contamination at the facility. 21. TCEQ conducted another inspection on January 13, 2010. TCEQ observed that tanks and containers ofunknown material were in poor condition and leaking, resnlting in releases, and that containers were improperly stored. TCEQ also observed numerous bottles and containers of"samples" and chemicals stored in the lab, which were alleged by Respondent to be left over from Nutro's activities. 22. By memorandum dated August 30, 2011, TCEQ closed its case against Nutro based upon internal statements that the facility "is now on the EPA list for clean-up." 23. On several occasions since 2000, the Houston Police Department ("HPD") and Houston Fire Department visited the facility. By letter from HPD to EPA and TCEQ dated April 16, 2015, HPD discussed its recent visit to the facility and noted that containers and pallets were in very poor condition and leaks and/or releases occurred throughout the storage areas and tank frum. C. EPA's May 2015 Inspection 24. EPA representatives conducted an inspection the facility on May 18 through 21, 2015, and prepared an Inspection Report dated November 10, 2015, the contents of which rue incorporated herein by reference. 25. During the investigation, EPA observed over 300 containers and 18 tanks at the facility used to store materials that have not been categorized. Most of the containers were in poor to exhemely poor condition, and the all of the tanks were in very poor condition. EPA observed evidence of releases fiom containers and tanks. Respondent disclaimed ownership of the materials stored. onsite; however, Respondent noted that it moved drnms on several occasions when instructed to do so by the HPD, the Houston Fire Depru1ment, Harris County and/or TCEQ. 26. At the production area known as the "Blending Plant," EPA observed thirteen 275-gallon intermediate bulk containers (known as "totes") containing materials allegedly abandoned by Nutro. Some totes were in very poor condition and damaged, and the contents of the totes were not identified. Respondent stated that any labels that were on the totes would likely be inaccurate, because Respondent transfers materials from leaking totes into empty totes owned by Respondent. 27. At the building !mown as the "Prep Shed," EPA observed approximately 140 drums stacked two or three high on wooden pallets, approximately two-thirds of which were plastic poly drums and the remaihder metal drums. Many metal drums were in poor condition, and EPA observed evidence of released materials from these drums. Most metal drums lacked legible labels, and EPA did not observe any