Document Mo4mVLRkr52E2nNvjpqkr9K6y

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION6 1445 ROSS AVENUE, SUITE 1200 DALLAS, TX 75202-2733 1 9 DEC 201J3 VIA EMAIL and U.S. MAIL-RETURN RECEIPT REQUESTED: 7015 1520 0003 3990 7213 Mr. Cory Simmons Vice President AAON Coil Products 203 Gum Springs Rd Longview, Texas 75602 Re: AAON Coil Products.: RCRA 3008 Administrative Compliance Order on Consent USEPA Docket No. RCRA 06-2018-0944 Dear Mr. Simmons: Enclosed is a fully executed Administrative Compliance Order on Consent ("ACOC") approved in the settlement for the above-referenced ACOC. The ACOC includes a compliance order pursuant to Section 3008 of the Resource Conservation and Recovery Act. The U.S. Environmental Protection Agency, Region 6, appreciates your cooperation throughout this process. If you have questions, please do not hesitate to contact Ms. Ashley Pederson at (214) 665-7561 or by email: Pederson.Ashley@epa.gov. Sincereiy, ~ ~Seager Director Compliance Assurance and Enforcement Division Enclosure UNITED STATES ENVIRONMENTAL PJ,ZOTECTION.AGENCY REGION6 DALLAS, TX FIL ED ZO 16D . I9 .'. II.: I 0 . .. 1:. .. ., IN THE MATTER OF: AAON COIL PRODUCTS 203 Gum Springs Rd. Longview, Texas 75602 RESPOlENT Proceeping under Section 3008(a) ofthe Resource Conservation and Recovery Act ("RCRA") Administrative Compliance Order on Consent USEPA Docket No. RCRJ\-06-201.8~0944 ADMINISTRATIVE COMPLIANCE ORDER ON CONSENT I. PRELIMINARY STATEMENT I. This Administrative Compliance Otderoti Consent ("ACOC") is entered into by the United States Envh:onmental Piotection A,gency, Region 6 ("EPA") and Respondent, AAON Coil Products, ("AAON Coil Products" or "Resp~ndent"), and concerns th~ facility located at 203 Gum Sp1~ings Rd. L?ng0..~w, Texas 7.5602 (the "F~cility"). 2. Noticeof.this action has been given to the state of Texas, under Section 3008(a)(2) of RCRA, 42 U.S.C. 6928(a)(2)1 1 OnDecember26, 1984, the'State ofTexas received final authorization fo.r its Base Hazardous Waste Management Program (49 FR 48300). subsequent re.visions have been made to the Texas Hazardous Waste Program and authorized by the EPA. Except as othe1wise provided, all citations to the 'EPA Authorized Texas Hazardous Waste Progr11m refer to Title 30 ofthe Texas Ad!Dinistrative Code ("TEX. ADMIN. CODE"), as amended, .effe)ctive.on February 26, 2016. 80 Fed. Reg. 80672 (December 28, 2015); 40 C.F.R. 272.2201; Texas State-Administered Program: FinalAuthorization. References found within this CAFO are to the EPA authorized version ofthe TEX. ADMIN. CODE and citations inay vary .slightly from the texas published version of the TEX. ADMIN. <;oDE. The conesponding C.F.R. citations ~re also provided. RCRA-06-2018-0944 AAON COIL PRODUCTS 3. For the purpose of these proceedings,Respondent i!dmits the jurisdictional allegations herein; however, Respondent neither admits nor denies the specific factual allegations and conclusions oflaw contained in this ACOC. This ACOC states a claim upon which relief may be granted. 4. Respondent explicitly waives any right to contest the allegations and its right to appeal the proposed final order contained in this ACOC, and waives all defenses which have been raised or could have been raised to the claims set forth in the ACOC. 5. Respondent consents to the issuance of the ACOC hereinafter recited and consents to' the specific stated Compliance Order, Section VI, of this ACOC. II. JURISDICTION 6. This ACOC isissued by the EPA pursuant to Section 3008(a) ofthe Resource Conservation 'and Recovery Act ("RCRA"), 42 U.S. C. 6928, as amended by the Hazardous and SolidWaste Amendments of1984 ("HSWA"), and is simultaneously commenced arid concluded through the issuance oftbisACOC under 40 C,F.R. 22.13(b) and 22.18(b)(2) and (3). 7. Respondent agrees to undertake and complete all actions requited by the terms and conditions of this ACOC. In any action by the EPA or the United States to enforce the terms oftbis ACOC, . . . . ' Respondent agrees not to contest the authority or jurisdiction of the EPA to issue or enforce this ACOC, and agrees notto contest the validity of this ACOC or its terms or conditions. IlL STATEMENT OF PURPOSE 8. This ACOC provides for the resolution ofEPARegion 6's investigation of Respondent's Facility. 9. In entering into this ACOC, the mutual objectives of EPA, Region 6 arid Respondent are to remedy, and/or prevent the potential endangerment to human health and/or the envirotunent from activities involving solid waste and hazardous waste, and to ensure that the injunctive relief that j. ! 2 RCRA-06-2018-0944 AAON COIL PRODUCTS Respondent will complete as described in the Section VI, Compliance Order, is protective of human health and/or the environment. IV. . STATUTORY AND REGULATORY BACKGROUND 10. Federal regulation ofhazru:dous 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 further amend the Solid Waste Disposal Act. RCRA establishes a "cradle-to-grave" program to be administered by the Administrator ofEPA and authorized states for regulating the generation, transpottation, treatment, storage, and disposal of hazardous waste. See 42 U.S.C. 6901 et seq. 11. RCRA's Subchapter 11I (RCRA s 3001-30Z3, 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, or dispose of hazardous wastes. Together, RCRA . ' Subtitle C and its intplemeriting .regulations, set forth at40 C.P.R. Parts 26\l- 279, comprise EPA's RCRA hazardous waste program. 12. Pursuant to its authority under RCRA, EPA has promulgated regulations at 40 C.F,R. Parts 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, andprovide detailed requirements governing the act.ivities ofthose who generate hazardous waste and those who are lawfully permitted to store, treat, and dispose of hazardous waste. 13. 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 materiaUs any material which is abandoned, recycled, inherently waste~like, or a military munitions. 3 RCRA-06-2018-0944 AAON COIL PRODUCTS Materials are.soild waste, as defmed 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, bumed, or incinerated. 14. 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 ofhazardous waste I identified in 40 C.F.R. Part 261, Subpart C, or it is listed in 40 C.F.R. Pait261, Subpart D. I 15. Characteristic hazardous wastes are assigned "D" codes in 40 C.F.R. Prut 261, Subpart C, depending on the specific hazardous characteristic that the waste exhibits. 16. An ignitable hazardous waste has a flash point of less than 60 degrees centigrade (140 degrees Fahrenheit) and is assigned the DOQ1 hazardous waste code pursuant to 40 C.F.R. 261.21. 17. A corrosive haz~dous waste has a pH ofless than or equal to 2.0 or greater than or equal to 12.5 and is assigned the 0002 hazardous waste code pursuant to 40 C.F.R. 261.22, and a reactive hazardous waste is assigned the 0003 hazardous waste code pursuant to 40 C.F.R. 261 .23. 18. Listed wastes are assigned with "F", "K'', "P", and "U" codes in 40 C.F.R. Part261, Subpart 0, depending on the specific waste generated from a non-specific source, a specific source, or discarded commercial .chemical products, off-specification species, container re.sidues and spill residues therefrom. 19. 40 C.F.R. Parts 264 and/or 265 applies to owners and operators offacilities that treat, store and/or dispose of hazardous waste. 20. The relevant RCRA statutory and regulatory requirements to this ACOC require thatgenerators of solid waste and hazardous .waste must, among other things: A. Determine whether their generated solid wastes are hazardous, pursuant to 40 C.F.R. 262.11; 4 RCRAc06-2018-0944 AAON COIL PRODUCTS B. Comply with the statutory notification requirements of Section 3010 ofRCRA, 42 U.S.C. 6930; C. Comply with the manifest requirements, pursuant to 40 C.F.R. 262.20: and, D. Determine its generator status by meeting the exemption conditions set f01th at 40 C.F .R. 262.34 or comply with the specific requirements set forth at 40 C.F.R. 270.10. V. FINDINGS OF FACl' AND CONCLUSIONS OF LAW 21. Respondentis an authorized corporatio~ in the state ofTexas, authorized in 2012, and is located at 203 Gum Springs Rd., Longview, Texas 75602. 22. Respondent is a '~person" within the meaning of Section 1004(15) ofRCRA, 42 U.S.C. 6903(15); and30 Texas Administrative Code ("TEX.ADMIN.CODE") 3.2(25), [40 C.P.R. 260.10]. 23. The Facility identified in Paragraph 1 ofthis-CAFO is a "facility" within the meaning of 30 EX.ADMIN.CODE 335.1(59), [40 C.P.R. 260.10]. 24. AAON Coil Products owns a facility that offers aiHonditioning equipment, War:tJ:\ air heating equip111ent, and commercial and industrial refrigeration equipment. 25. During the period of April to May, 2018, EPA conducted a RCRA investigation and record review ("Investigation") of AAON Coil Products' performance as a generator of hazardous waste. 26. During the Investigation, EPA discovered that AAON Coil Products,. at a minimum, generated the followingwaste: 0007 (Chromium). . 27. The waste stream identified in Paragraph 26 is "solid waste" and "hazardous waste" as defined in 30 TEX.ADMIN.CODE 335.1 (138) and (69), [40 C.F.R. 261.2 and 261.24]. 5 RCRA-06-2018-0944 AAON COIL PRODUCTS 28. From the Investigation, EPA determined that during April to May, 2018, AAON Coil Products generated at a minimum the hazardous waste streams identified in Paragraph 26 in quantities that exceeded the threshold amount of 100 kilograms of hazardous waste per month, which qualified AAON Coil Products for the small quantity generator ("SQG") status established under 30 TEX.ADMlN.CODE, Chapter 335, Subchapter C, [40 C.F.R. Pmt. 262], for the periods that such wastes remained onsite. 29. AAON Coil Products is a "generator" of"hazardous wastes" atthe Facility, as those terms me defined in Sections 1004(5) & (6) ofRCRA, 42 US.C. 6903(5) & (6), 30 TEX.ADMIN.CODE 335.1(65) &(69), [40 C.F.R. Parts 260 and 261]. 30. As a generator of hazardous waste, AAON Coil Products is subject to Sections 3002 and 3010 of RCRA, 42 U.S.C. 6922 and 6930, and the regulat~ons set f01th at 30 TEX.ADMIN.CODE Chapter 335, Subchapter C, [40 C.F.R. Parts 262 and/or 270]. Claims i. Notification Requirements 31. The allegations in Paragraphs 1-30 are realleged and incorporated herein by reference. 32. Pursuant to Section 3010(a) ofRCRA, 42 U.S.C. 6930(a), any person generating a characteristic or listed hazardous waste shall file with the Administrator or authorized State a notification stating the location and 1,1eneral description of such activity and the identified . characteristic or listed hazardous wastes handled by such person. No identified characteristic or listed hazardous waste subject to this subchapter may be transported, treated, stored, or disposed of unless notification has been given as required by Section 3010(a) ofRCRA, 42 U.S.C. 6930(a). 33. AAON Coil Products did not file with the Administrator an initial or subsequent notification to accurately state the general description of its hazardous waste activities and its generation and 6