Document K67X6YmL5G8X2XXoX2z0E8k30

UNITED STATJ<;S ENVIRONMENTAL PROTECTION AGENCY Region6 1445 Ross Avenue, Suite 1200 D!)}las, Texas 75202 - 273~ lf l AUG 2016 CERTIFIEP MAIL- RETURN RECEIPT REQUESTED: 7009 2820 0004 2109 1724 Ray Bonilla Texas A&M University (multiple addresses below) Texas A&M University-Commerce 2600 West Neal Street Commerce, TX: 75428 Texas A&M University-Kingsville Citrus Center 312 North International Boulevard Weslaco, TX 78596 Texas A&M Veterinary Medical Diagnostic Laboratory Amarillo Laboratory 6610 Amarillo Boulevard West Amarillo, TX 79106 Texas A&M University-Geochemical and Environmental Research Group 833 Graham Road College Station, TX 77845 Re: Texas A&M University-Commerce: RCRA 3008 Consent Agreement and Final Order U.S. EPA Docket No. RCRA-06-2016-0925 Texas A&M University-Kingsville Citrus Center: RCRA 3008 Consent Agreement and Final Order U.S. EPA Docket No..RCRA-06-2016-0926 Texas A&M Veterinary Medical DiagnostiC Laboratory: RCRA 3008 Consent Agreement and, Final Order U.S. EPA Docket No. RCRA-06-2016-0927 Texas A&M University-Geochemical and Environmental Research Group: RCRA ,3008 Consent Agreement and Final Order U.S. EPA Docket.No. RCRA-06-2016-0928 Dear Mr. Bonilla: Enclosed are the fully executed Administrative Consent Agreement and Final Orders (CAFOs) approved in the settlement for each ofthe above referen.ced facilities. As yo1,1 are aware, each of the CAFOs include an assessment of a civil penalty and compliance order pursuant to Section 3008 of the Resource Conservation and Recovery Act. Th~ U.S. Environmental Protection Agency, Region 6, appreciates yo\ir 9ooperation throughout this process. Ifyo1J have questions, please do not hesitate to contact me at (214) 6658151 or by email: moore.nathaniel@epa.gov. Sincerely, Enclosure Nathaniel N. Moore, Esq. Assistant Regional Counsel 2 UNITED STATES FILED ENVIRONMENTAL PROTECTION AGENCY zn lbf LI" I I f'i' ?: sI REGION 6 u ' l7 I ])AI, I , As ' 'fE" XA.S. I c:1 01P I I \It:. " .... ,, u I - 1, I1", ICl.. :~ El':, 1. Er,1u, IN THE MATTER OF: TEXAS A&M VETERINARY MEDICAL DIAGNOSTIC LABORATORY AMARILLO LABORATORY AMARILLO, TEXAS RESPONDENT CONSENT AGREEMENT AND FINAL ORDER Docket No. RCRA-06-2016-0927 CONSENT AGREEMENT AND FINAL ORDER The Director of Compliance Assurance and Enforcement Division of the United States Environmental Protection Agency Region 6 (EPA or Complainant) and Texas A&M Veterinary Medical Diagnostic Laboratory, Amarillo Laboratory (Respondent), hereby agree to resolve this matter through the issuance of this Consent Agreement and Final Order (CAFO). I. PRELIMJNARY STATEMENT 1. This CAFO is issued by EPA pursuant to Section 3008(a) ofRCRA, 42 U.S.C. 6928(a), as amended by the Hazardous and Solid Waste Amendments of 1984, and is simultaneously commenced and concluded through the issuance of this CAFO under 40 C.F.R. 22.13(b); 22.18(b)(2), 22.18(b)(3); and 22.37. 2. 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. Fu1ihcrmore, Respondent agrees not to contest the validity of this CAFO , or its terms or conditions. TVMDL Amarillo RCRA-06-2016-0927 3. Notice of this action has been given to the State of Texas, under Section 3008(a)(2) of the Resource Conservation and Recovery Act (RCRA), 42 U.S.C. 6928(a)(2). 4. For the purposes of this proceeding, Respondent admits the jurisdictional allegations herein. However, Respondent neither admits nor denies the specific factual allegations and conclusions of law contained in this CAFO. This CAFO states a claim upon which relief may be granted. 5. 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 that have been raised or could have been raised to the claims set forth in the CAFO. 6. Compliance with all the terms and conditions of this CAFO shall resolve only the Respondent's liability for civil penalties for those violations which are set forth herein. 7. Respondent consents to the following: issuance of the CAFO hereinafter recited; the assessment and payment of the stated civil penalty in the amount and by the method set out in this CAFO; and to the specific stated compliance order. II. FINDINGS OF :FACT AND CONCLUSIONS 01< LAW 8. Respondent is a Texas public research institution located at 6610 Amarillo Boulevard West in Amarillo, Texas. 9. Respondent 1s a "person" within the meanmg of 42 U.S.C. 6903(15) and 30 TEX. ADMIN. CODE 3.2(25) (40 C.F.R. 260.10). 10. Respondent is an "owner" or "operator" of the Texas A&M Veterinary Medical Diagnostic Laboratory, Amarillo Laboratory (TVMDL Amarillo) within the meaning of 30 TEX. ADMIN. CODE 335.1(109) and (110) (40 C.F.R. 260.10). 2 TVMDL Amarillo RCRA-06-2016-0927 11. Respondent is a "generator" of hazardous waste at the facility, as the term is defined in 30 TEX. ADMIN. CODE 335.1(65) (40 C.F.R. 260.10). 12. As a generator of hazardous waste, Respondent is subject to Sections 3002 and 3010 of RCRA, 42 U.S.C. 6922 and 6930, and the regulations set forth at 30 TEX. ADMIN. CODE 335, Subchapter (C) and/or (F) (40 C.F.R. Parts 262 and/or 270). 13. Between September 2015 and May 2016, EPA conducted an investigation and record review (Investigation) of Respondent's performance as a hazardous waste generator. 14. During the Investigation, EPA determined that Respondent in August 2011, generated and offered for transport the following hazardous wastes: A. lg of P075, B. !Og of P008, C. 5g of P039, D. 1OOg of P092, F 175g of Pl 05, F. 1OOg of P030, G. 700g of P098, Fl. 1,256g of PI 06, I. 250g of P120, and J. 25gofP108 15. The wastes identified 111 Paragraph 14 are hazardous wastes as defined 111 30 TEX. ADMIN. CODE 335.1(69) (40 C.F.R. 261.3). 16. The hazardous wastes listed in paragraph 14 are identified as acute hazardous wastes per 40 C.F.R. 261.33(e). 3 TVMDL Amarillo RCRA-06-2016-0927 17. From the lnvestigation, EPA determined that Respondent generated, at a minimum, the acute hazardous waste identified in Paragraph 14 in quantities that exceeded the threshold amount of I kilogram of acute hazardous waste per month, which qualified Respondent for the large quantity generator (LQG) status under 30 TEX. ADMJN. CODE 335, Subchapter C (40 C.F.R. Part 262). 18. From the Investigation, EPA determined that Respondent was not registered as a generator of hazardous waste at TVMDL Amarillo. 19. From the Investigation, EPA determined that Respondent did not have an EPA ID number for TVMDL Amarillo. 20. From the Investigation, EPA determined that Respondent violated the requirements of RCRA 301O(a),42 U.S.C. 6930(a), and 30 TEX. ADMIN. CODE 335.6(c) by failing to comply with the RCRA notification requirements. 21. From the Investigation, EPA determined that Respondent violated the requirements of 40 C.F.R. 262.12(a) by managing hazardous waste without an EPA ID number. 22. From the Investigation, EPA determined that Respondent failed to operate within its designated status at TVMDL Amarillo in violation of 30 TEX. ADMJN, CODE 335, Subchapters (C) and/or (F) (40 C.F.R. Parts 262 and/or 270). 23. From the Investigation, EPA determined that Respondent violated the requirements of 40 C.F.R. 262.41 by failing to submit a biennial report for TVMDL Amarillo operating as an LQG. 4 III. TVMDL Amarillo TVMDL Amarillo RCRA-06-2016-0927 Claim 1: Notification Requirements 24. Complainant hereby restates and incorporates by reference Paragraphs 1 through 23. 25. Pursuant to RCRA 301 O(a), 42 U.S.C. 6930(a), any person generating a characteristic or listed 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.. 26. In August 2011, TVMDL Amarillo was not registered as a generator of hazardous waste. 27. From the Investigation, EPA determined that in August 2011, Respondent generated hazardous waste at quantities that qualified it as an LQG. 28. At the time of the Investigation, Respondent had not filed with the Administrator or with the authorized State, a notification of hazardous waste activities. 29. Respondent failed to file the required notification of hazardous waste activities for TVMDL Amarillo in violation of Section 3010(a) ofRCRA, 42 U.S.C. 6930(a). Claim 2. Failure to Operate Within Proper Generator Status 30. Complainant hereby restates and incorporates by reference Paragraphs 1 through 29. 31. A generator of hazardous waste is subject to multiple requirements, including the applicable parts of 30 TEX. ADMIN. CODE 335, Subehapters (C)-(H), (0) (40 C.F.R. Parts 124, 262-68, 270). 32. Pursuant to 30 TEX. ADMIN. CODE 335.78(a) and (b) (40 C.F.R. 261.5(a) and (b)), a generator is a CESQG in a calendar month if it generates no more than 1.0 kilogram of acute hazardous waste and complies with 30 TEX. ADMIN. CODE 335.78 (40 C.F.R. 261.5). 5 TVMDL Amarillo RCRA-06-2016-0927 33. From the Investigation, EPA determined that Respondent, in August 2011, operated as an LQG at TVMDL Amarillo. 34. While operating as an LQG, Respondent failed to comply with various sections of the applicable LQG requirements under 30 TEX. ADMIN. CODE 335, Subchapters (C)-(H), (0) (40 C.F.R. Parts 124, 262-68, 270). 35. Respondent failed to operate within its designated status at TVMDL Amarillo, in August 2011, in violation of 30 TEX. ADMIN. CODE 335, Subchaptcrs (C) and/or (F) (40 C.F.R. Pmis 262 and/or 270). Claim 3: Failure to file a Biennial Report 36. The Complainant hereby restates and incorporates by reference Paragraphs 1 through 35. 37. Pursuant to 30 TEX. ADMIN. CODE 335.71 (40 C.F.R. 262.41), an LQG who ships any hazardous waste off-site for treatment, storage and/or disposal, must prepare and submit a Biennial Repo1i to EPA's Regional Administrator, and to the TCEQ, by March 1 of each even-numbered year for the previous year, in addition to the annual reporting, which is required under 30 TEX. ADMIN. CODE 335.9. 38. From the Investigation, EPA determined that Respondent was an LQG for 2011 and failed to submit a Biennial Report in 2012. 39. For the 2011 reporting year, the EPA and/or the TCEQ did not receive an Annual or Biennial Report that Respondent was required to file for TVMDL Amarillo in violation of 30 TEX. ADMIN. CODE 335.9 and 335.71, [40 C.F.R. 262.41]. Claim 4: Managing Hazardous Waste without a Generator Identification Number 40. Complainant hereby restates and incorporates by reference Paragraphs 1 through 39. 6 TVMDL Amarillo RCRA-06-2016-0927 41. Pursuant to 30 TEX. ADMIN. CODE 335.63(a), (40 C.F.R. 262.12(a)), a generator must not treat, store, dispose of, transport, or offer for transportation hazardous waste without receiving an EPA identification number from the Administrator. 42. From the Investigation, EPA determined that in August 2011, Respondent did not obtain an EPA identification number for TVMDL Amarillo. 43. From the Investigation, EPA determined that in August 2011, Respondent treated, stored, disposed of, and/or offered for transportation hazardous waste without having received an EPA identification number from the Administrator for TVMDL Amarillo, in violation of 30 TEX. ADMIN. CODE 335.63(a), (40 C.F.R. 262.12(a)). IV. COMPLIANCE ORDER 44. Pursuant to RCRA 3008(a), 42 U.S.C. 6928(a), Respondent is hereby ordered to take the following actions, and within ninety (90) calendar days of the effective date of this CAFO, Respondent shall provide in writing the following: A. Respondent shall certify that it has obtained an EPA Identification number and filed a "Notification of Regulated Waste Activity: EPA Form 8700-12" to reflect waste generation for the facility covered by this CAFO. B. Respondent shall certify that it has complied with all the requirements of a LQG, if still operating within that status, and developed and implemented standard operating procedures to ensure that TVMDL Amarillo is operating in compliance with RCRA and the regulations promulgated thereunder. This includes, but is not limited to, adopting adequate procedures for: i. making hazardous waste determinations; 7 TVMDL Amarillo RCRA-06-2016-0927 11. developing a contingency plan, preparedness and prevention procedures, and emergency procedures; 111. training personnel involved 111 managing, reporting, transporting, and disposing of hazardous waste; 1v. preparing hazardous waste manifests; and v. meeting land disposal requirements. 45. In all instances in which this CAFO requires written submission to EPA, the submittal made by Respondent shall be signed by an owner or officer of Texas A&M Veterinary Medical Diagnostic Laboratory, Amarillo Laboratory, 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 the CAFO shall be sent to the following: William Mansfield U.S. Environmental Protection Agency Compliance Assurance and Enforcement Division Hazardous Waste Enforcement Branch Waste Compliance III Section (6EN-H3) 1445 Ross Avenue Dallas, Texas 75202-2733 V. TERMS OF SETTLEMENT A. Penalty Provisions 46. Pursuant to the authority granted in Section 3008 of RCRA, 42 U.S.C. 6928, and upon consideration of the entire record herein, including the above referenced Findings of Fact and 8 TVMDL Amarillo RCRA-06-2016-0927 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$39,942.00. 47. The penalty shall be paid within thirty (30) calendar days of the effective date ofthis CAFO and made payable to Treasurer, United States of America. 48. The following arc Respondent's options for transmitting the penalties: Checks sent via U.S. Postal Mail (including certified mail) or U.S. Postal Service Express Mail should be remitted to: lJ. S. Environmental Protection Agency Fines and Penalties Cincinnati Finance Center P.O. Box 979077 St. Louis, MO 63197-9000 Checks sent via Overnight Mail (non-U.S. Postal Service) should be remitted to: U.S. Bank Government Lockbox 979077 U.S. EPA Fines and Penalties 1005 Convention Plaza SL-MO-C2-GL St. Louis, MO 63101 314-418-1028 Wire Transfers should be remitted to: Federal Reserve Bank of Ncw 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 of Texas A&M Veterinary Medical Diagnostic Laboratory, Amarillo Laboratory, Docket No. RCRA-06-2016-0927) shall be documented on or within your chosen method of payment to ensure proper credit. 9 TVMDL Amarillo RCRA-06-2016-0927 49. 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, TX 75202-2733 Mark Potts, Chief Waste Enforcement Branch (6EN-H) Compliance Assurance and Enforcement Division U.S. EPA, Region 6 1445 Ross Avenue Dallas, TX 75202-2733 Attn: William Mansfield Your adherence to this request will ensure proper credit is given when penalties are received by EPA. 50. 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 Stales and a charge to cover the cost of processing 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. 13.1 l(a). Moreover, the costs of the Agency's administrative handling of overdue debts will be charged and assessed monthly throughout the period the debt is overdue in accordance with 40 C.F.R. 13.l l(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 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 that remains delinquent more than ninety (90) days 10 TVMDL Amarillo RCRA-06-2016-0927 pursuant to 40 C.F.R. 13. l l(b). Should a penalty charge on the debt be required, it shall accrue from the first day payment is delinquent pursuant to 31 C.F.R. 901.9(d). Other penalties for failure to make a payment may also apply. B. Costs 51. Each party shall bear its own costs and attorney's fees. Furthermore, Respondent specifically waives its right to seek reimbursement of its costs and attorney's foes 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. C. Termination and Satisfaction 52. 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 also certify this in writing and in accordance with the certification language set forth in Section IV (Compliance Order), Paragraph 45. Unless EPA, Region 6 objects in writing within sixty (60) days of EPA's receipt of Respondent's certification, then this CAFO is terminated on the basis of Respondent's certification. D. Effective Date of Settlement 53. This CAFO shall become effective upon filing with the Regional Hearing Cleric 11 TVMDL Amarillo RCRA-06-2016-092 7 THE UNDERSIGNED PARTIES CONSENT TO THE ENTRY OF THIS CONSENT AGREEMENT AND FINAL ORDER: FOR THE RESPONDENT: JS~ -~-----+--------~,~--- ------- Ray Bonilla General Counsel The Texas A&M University System For: Texas A&M Veterinary Medical Diagnostic Laboratory, Amarillo Laboratmy FOR THE COMPLAINANT: Date: irector Compliance Assurance and Enforcement Division 12 FINAL ORDER TVMDL Amarillo RCRA-06-2016-0927 Pursuant to the Consolidated Rules of Practice Governing the Administrative Assessment of Civil Penalties, 40 C.F.R. 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, emplo)iees, 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. 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 C.F.R. 22.3 l(b) this Final Order shall become effective upon filing with the Regional Hearing Cleric Date: g/ 1i IIll Thomas Rucki Regional Judicial Officer 13 TVMDL Amarillo RCRA-06-2016-0927 CERTIFICATE OF SERVICE I hereby certify that on the Jf/ day of ~ , 2016, 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 CJ\FO was sent to the following by the method below: CERTIFIED MAIL - RETURN RECEIPT REQVESTED '/jjif!j!itJ()()tJtJ.JfS3tJ9/6 Texas A&M Veterinary Medical Diagnostic Laboratory Amarillo Laboratory 6610 Amarillo Boulevard West Amarillo, Texas 79106 14