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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 6 1201 ELM STREET, SUITE 500 DALLAS, TEXAS 75270 November 24, 2021 VIA E-MAIL: jbbrooks@bic-texas.com James Brooks Brooks Industrial Coatings, Inc. 1902 Bench Mark Dr Austin, TX 78728 RE: Potential RCRA Violations and Opportunity for Settlement Resource Conservation and Recovery Act Brooks Industrial Coatings, Inc. Dear Mr. Brooks: The United States Environmental Protection Agency (EPA), Region 6, identified potential violations of the Resource Conservation and Recovery Act (RCRA) and the regulations enacted thereunder at Brooks Industrial Coatings, Inc., located at 1902 Bench Mark Dr. in Austin, TX. Hazardous waste that is improperly managed poses a serious threat to human health and the environment. Through implementation of the authorities in RCRA, 42 U.S.C. 6901 - 6992k, EPA regulates the control of hazardous waste from the "cradle-to-grave." This includes the generation, transportation, treatment, storage and disposal of hazardous waste. I write to inform you of: 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, Brooks Industrial Coatings, Inc. 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 Chapter 335, Subchapters C and F, [40 C.F.R. Parts 262 and/or 270]. Upon further investigation, EPA may determine that Brooks Industrial Coatings, Inc. 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, Brooks Industrial Coatings, Inc. is identified as a Non-Generator of hazardous waste. However, according to the manifests listed in Attachment 1, Brooks Industrial Coatings, Inc. generated hazardous waste in excess of 12,000 kilograms per calendar year or 1,000 kilograms per month in 2018. In 2019 and 2021, the facility generated hazardous waste in excess of 1,200 kilograms per calendar year or 100 kilograms per month. This qualified the facility as a Large Quantity Generator in 2018 and as a Small Quantity Generator in 2019 and 2021, as established under 30 Tex. Admin. Code Chapter 335, Subchapter C, [40 C.F.R. Part 262]. At a minimum, EPA identified the following potential violations of RCRA and the implementing regulations: 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 30 Tex. Admin. Code Chapter 335, Subchapters C and F [40 C.F.R. Parts 262 and/or 270]. Option for Resolution Upon receipt of this letter, if Brooks Industrial Coatings, Inc. is interested in resolving the matter through settlement, the facility has within 14 calendar days of receipt of this letter to inform EPA by telephone or e-mail by contacting: Tripti Thapa E-mail: thapa.tripti@epa.gov Phone: (214) 665-7563 Thereafter, Tripti Thapa will make arrangements to discuss this letter with Brooks Industrial Coatings, Inc. facility representatives via a conference call. During this conference call, Brooks Industrial Coatings, Inc. 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. 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 agree upon an Administrative Order on Consent by January 23, 2022. This is contingent on whether Brooks Industrial Coatings, Inc. avails itself of the settlement process now offered and works amicably with the EPA. If Brooks Industrial Coatings, Inc. decides not to accept this streamlined option for settlement, Brooks Industrial Coatings, Inc. should similarly notify EPA of its decision in writing to Tripti Thapa within 14 calendar days of receipt of this letter. Thereafter, EPA will exercise its other options for ensuring Brooks Industrial Coatings, Inc.'s timely compliance with RCRA and the regulations promulgated thereunder. To the extent that Brooks Industrial Coatings, Inc. 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. Addressing noncompliance with environmental laws is important in carrying out the EPA's mission to protect human health and the environment. EPA acknowledges that the COVID-19 pandemic may be impacting your business. If that is the case, EPA will consider your specific circumstances in determining an appropriate timeline for responding to this request for information, while still ensuring that the Agency receives the information it needs to timely confirm your company's compliance with the RCRA. Thank you for your attention to this matter. If you have any questions, please contact Tripti Thapa, of my staff, at thapa.tripti@epa.gov or 214-665-7563. Sincerely, JEFFREY YURK Digitally signed by JEFFREY YURK DN: c=US, o=U.S. Government, ou=Environmental Protection Agency, cn=JEFFREY YURK, 0.9.2342.19200300.100.1.1=680010 03652717 Date: 2021.11.23 19:15:33 -06'00' Margaret Osbourne Chief Waste Enforcement Branch Enclosure: Manifest Summary Additional Sources of Information eCC: james.gradney@tceq.texas.gov john.shelton@tceq.texas.gov 3 ATTACHMENT 1 Manifest Summary Year 2021 2019 2018 (begins 6/30/2018) Manifest Tracking Number 013932358FLE 011644254FLE 016115612FLE EPA Waste Codes TX-0160319H, F006 TX-0160319H, F006 TX-0160319H, F006 Weight (kg) 2,273 2,273 9,545 ATTACHMENT 2 Additional Sources of Information Information on RCRA and hazardous waste regulations https://www.epa.gov/rcra/resource-conservation-and-recovery-act-rcra-regulations RCRA Civil Penalty Policy https://www.epa.gov/enforcement/resource-conservation-and-recovery-act-rcra-civil-penaltypolicy Consolidated Rules of Practice Governing the Administrative Assessment of Civil Penalties, 40 C.F.R. Part 22 https://www.epa.gov/sites/production/files/2013-10/documents/final-crop-fr_1.pdf Small Business Fact Sheet (following pages) www.epa.gov/compliance/small-business-resources-information-sheet 5 Office of Enforcement and Compliance Assurance EPA-300-F-20-002 February 2020 The United States Environmental Protection Agency provides an array of resources to help small businesses understand and comply with federal and state environmental laws. In addition to helping small businesses understand their environmental obligations and improve compliance, these resources will also help such businesses find cost-effective ways to comply through pollution prevention techniques and innovative technologies. Office of Small and Disadvantaged Business Utilization (OSDBU) https://www.epa.gov/aboutepa/aboutoffice-small-and-disadvantagedbusiness-utilization-osdbu EPA's OSBBU advocates and Compliance Assistance Centers https://www.complianceassistance.net EPA-sponsored Compliance Assistance Centers provide the information you need, in a way that helps make sense of environmental regulations. Each Center addresses real world issues faced by a specific Transportation https://www.tercenter.org/ U.S. der Compliance and Import/Export Issues https://www.bordercenter.org/ Veterinary Care https://www.vetca.org/ advances business, regulatory, and environmental compliance concerns of small and socio-economically disadvantaged businesses. EPA's Asbestos Small Business Ombudsman (ASBO) https://www.epa.gov/resources-smallbusinesses/asbestos-small-businessombudsman or 1-800-368-5888 The EPA ASBO serves as a conduit for small businesses to access EPA and facilitates communications between the small business community and the Agency. Small Business Environmental Assistance Program https://nationalsbeap.org This program provides a "one-stop shop" for small businesses and assistance providers seeking information on a wide range of environmental topics and statespecific environmental compliance assistance resources. EPA's Compliance Assistance Homepage https://www.epa.gov/compliance This page is a gateway to industry and statute-specific environmental resources, from extensive web-based information to hotlines and compliance assistance specialists. industry or government sector. They were developed in partnership with industry, universities and other federal and state agencies. Agriculture https://www.epa.gov/agriculture Automotive Recycling http://www.ecarcenter.org Automotive Service and Repair https://ccar-greenlink.org/ or 1-888GRN-LINK Combustion--Boilers, Generators, Incinerators, Wood Heaters https://www.combustionportal.org/ Construction http://www.cicacenter.org Education https://www.nacubo.org/ Healthcare http://www.hercenter.org Local Government https://www.lgean.net/ Oil/ Natural Gas Energy Extraction https://www.eciee.org/ Paints and Coatings https://www.paintcenter.org/ Ports https://www.portcompliance.org/ Surface Finishing http://www.sterc.org/ EPA Hotlines and Clearinghouses www.epa.gov/home/epa-hotlines EPA sponsors many free hotlines and clearinghouses that provide convenient assistance regarding environmental requirements. Examples include: Clean Air Technology Center (CATC) Info-line www.epa.gov/catc or 1-919-541-0800 Superfund, TRI, EPCRA, RMP, and Oil Information Center 1-800-424-9346 EPA Imported Vehicles and Engines Public Helpline www.epa.gov/otaq/imports or 1-734-214-4100 National Pesticide Information Center www.npic.orst.edu or 1-800-858-7378 National Response Center Hotline to report oil and hazardous substance spills http://nrc.uscg.mil or 1-800-424-8802 Pollution Prevention Information Clearinghouse (PPIC) www.epa.gov/p2/pollution-preventionresources#ppic or 1-202-566-0799 Safe Drinking Water Hotline www.epa.gov/ground-water-and-drinkingwater/safe-drinking-water-hotline or 1800-426-4791 Toxic Substances Control Act (TSCA) Hotline tsca-hotline@epa.gov or 1-202-554-1404 U.S. Small Business Resources Small Entity Compliance Guides https://www.epa.gov/reg-flex/small-entity-complianceguides EPA publishes a Small Entity Compliance Guide (SECG) for every rule for which the Agency has prepared a final regulatory flexibility analysis, in accordance with Section 604 of the Regulatory Flexibility Act (RFA). Regional Small Business Liaisons www.epa.gov/resources-small-businesses/epa-regionaloffice-small-business-liaisons The U.S. Environmental Protection Agency (EPA) Regional Small Business Liaison (RSBL) is the primary regional contact and often the expert on small business assistance, advocacy, and outreach. The RSBL is the regional voice for the EPA Asbestos and Small Business Ombudsman (ASBO). State Resource Locators www.envcap.org/statetools The Locators provide state-specific information on regulations and resources covering the major environmental laws. State Small Business Environmental Assistance Programs (SBEAPs) https://nationalsbeap.org/states/list State SBEAPs help small businesses and assistance providers understand environmental requirements and sustainable business practices through workshops, trainings and site visits. EPA's Tribal Portal https://www.epa.gov/tribal The Portal helps users locate tribal-related information within EPA and other federal agencies. EPA Compliance Incentives EPA provides incentives for environmental compliance. By participating in compliance assistance programs or voluntarily disclosing and promptly correcting violations before an enforcement action has been initiated, businesses may be eligible for penalty waivers or reductions. EPA has several such policies that may apply to small businesses. More information is available at: EPA's Small Business Compliance Policy https://www.epa.gov/compliance/small-business- compliance EPA's Audit Policy www.epa.gov/compliance/epas-audit-policy 7 Commenting on Federal Enforcement Actions and Compliance Activities The Small Business Regulatory Enforcement Fairness Act (SBREFA) established a Small Business Administration (SBA) National Ombudsman and 10 Regional Fairness Boards to receive comments from small businesses about federal agency enforcement actions. If you believe that you fall within the SBA's definition of a small business (based on your North American Industry Classification System designation, number of employees or annual receipts, as defined at 13 C.F.R. 121.201; in most cases, this means a business with 500 or fewer employees), and wish to comment on federal enforcement and compliance activities, you can call the SBA National Ombudsman's toll-free number at 1-888REG-FAIR (1-888-734-3247), or submit a comment online at https://www.sba.gov/about-sba/oversightadvocacy/office-national-ombudsman. Every small business that is the subject of an enforcement or compliance action is entitled to comment on the Agency's actions without fear of retaliation. EPA employees are prohibited from using enforcement or any other means of retaliation against any member of the regulated community in response to comments made under SBREFA. Your Duty to Comply If you receive compliance assistance or submit a comment to the SBREFA Ombudsman or Regional Fairness Boards, you still have the duty to comply with the law, including providing timely responses to EPA information requests, administrative or civil complaints, other enforcement actions or communications. The assistance information and comment processes do not give you any new rights or defenses in any enforcement action. These processes also do not affect EPA's obligation to protect public health or the environment under any of the environmental statutes it enforces, including the right to take emergency remedial or emergency response actions when appropriate. Those decisions will be based on the facts in each situation. The SBREFA Ombudsman and Fairness Boards do not participate in resolving EPA's enforcement actions. Also, remember that to preserve your rights, you need to comply with all rules governing the enforcement process. EPA is disseminating this information to you without making a determination that your business or organization is a small business as defined by Section 222 of the Small Business Regulatory Enforcement Fairness Act or related provisions.