Document N2RGjxE7Rj5y6RJ5Ya9gkB9Kb

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 6 1201 ELM STREET, SUITE 500 DALLAS, TEXAS 75270-2102 October 27, 2021 VIA E-MAIL: kelliott3@elliott-industries.com Ken C Elliott III, Chief Technical Officer Elliott Industries Inc. 1509 Hamilton Road Bossier, LA 71111 RE: Potential RCRA Violations and Opportunity for Settlement Dear Mr. Elliott, The United States Environmental Protection Agency, Region 6 ("EPA"), through its investigation and records review, made certain determinations about Elliott Industries Inc. and its facility located at 1509 Hamilton Road, Bossier, LA. Specifically, EPA has identified potential violations of the Resource Conservation and Recovery Act ("RCRA"), and the regulations promulgated thereunder. I therefore write to share with you: (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, Elliott Industries Inc. is subject to Sections 3002 and 3010 of RCRA, 42 U.S.C. 6922 and 6930, and the regulations set forth at Title 33 of the Louisiana Administrative Code (LAC) Part V, Chapters 3-5, 7, and 11 [40 Code of Federal Regulations (C.F.R.) Parts 262 and/or 270]. Upon further investigation, EPA may determine that Elliott Industries 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, Elliott Industries Inc. is identified as a RCRA Very Small Quantity Generator. However, according to eManifest(s) listed in Attachment 1, at least once within the last five calendar years, the Elliott Industries Inc. generated hazardous waste in quantities greater than 100 kilograms per calendar month, which qualified the Elliott Industries Inc. as a Small or Large Quantity Generator as established under Title 33 of the Louisiana Administrative Code (LAC) Part V, Chapters 3-5, 7, and 11 [40 Code of Federal Regulations (C.F.R.) Parts 262 and/or 270]. At a minimum, EPA identified the following potential violations: 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 LAC: Part V, Chapter 11, 40 C.F.R. Parts 262 and/or 270. EPA is prepared to meet and discuss the potential violations, and other areas of concern, with Elliott Industries Inc., with the aim of resolving this matter through a timely settlement process. An Option for Resolution Upon receipt of this letter, if Elliott Industries Inc. is interested in resolving the matter through settlement, Elliott Industries Inc. 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 Elliott Industries Inc. facility representatives via a conference call. During this conference call, Elliott Industries 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. To the extent that Elliott Industries 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. 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 have an agreed upon Administrative Order on Consent by 1/12/2022. This is contingent on whether Elliott Industries Inc. avails itself of the settlement process now offered and works amicably with the EPA. It should be noted that if Elliott Industries Inc. decides not to accept this streamlined option for settlement, Elliott Industries Inc. should 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 Elliott Industries Inc.'s timely compliance with RCRA and the regulations promulgated thereunder. 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. Please direct questions to Tripti Thapa of the Waste Enforcement Branch at 214-665-7563 or via email at thapa.tripti@epa.gov. Thank you for your attention to this matter. Sincerely, Digitally signed by MARGARET OSBOURNE Date: 2021.10.27 15:04:57 -05'00' Margaret Osbourne Chief Waste Enforcement Branch Enclosure Information for Small Businesses eCC: craig.easley@la.gov phyllis.luke@la.gov Manifest Number 015895601FLE 015895601FLE 016412119FLE 016412119FLE ATTACHMENT 1 Waste Codes D001, F003, F005 D001, F003 D001, F003, F005 D001, F003 Quantity 1,636 kg 1,273 kg 816 kg 408 kg Office of Enforcement and Compliance Assurance EPA-300-B-17-001 June 2017 U.S. EPA Small Business Resources Information Sheet 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) www.epa.gov/aboutepa/about-officesmall-and-disadvantaged-businessutilization-osdbu EPA's OSBBU advocates and advances business, regulatory, and environmental compliance concerns of small and socio-economically disadvantaged businesses. EPA's Asbestos Small Business Ombudsman (ASBO) 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 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. Compliance Assistance Centers www.complianceassistance.net EPA sponsored Compliance Assistance Centers provide information targeted to industries with many small businesses. They were developed in partnership with industry, universities and other federal and state agencies. Agriculture www.epa.gov/agriculture Automotive Recycling www.ecarcenter.org Automotive Service and www.ccar-greenlink.org or 1-888- GRN-LINK Chemical Manufacturing www.chemalliance.org Repair Construction www.cicacenter.org Education www.campuserc.org Food Processing www.fpeac.org Healthcare www.hercenter.org Local Government www.lgean.org Surface Finishing http://www.sterc.org Paints and Coatings www.paintcenter.org Printing www.pneac.org Ports www.portcompliance.org Transportation www.tercenter.org U.S. Border Compliance and Import/Export Issues www.bordercenter.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 1-919-5410800 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 1-800426-4791 Toxic Substances Control Act (TSCA) Hotline tsca-hotline@epa.gov or 1-202-554-1404 Office of Enforcement and Compliance Assurance U.S. Small Business Resources Small Entity Compliance Guides https://www.epa.gov/reg-flex/small-entitycompliance- guides Commenting on Federal Enforcement Actions and Compliance Activities 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/eparegional- office-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 contacts, 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 www.epa.gov/tribalportal 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 two such policies that may apply to small businesses: EPA's Small Business Compliance Policy www.epa.gov/enforcement/small-businesses-andenforcement The Small Business Regulatory Enforcement Fairness Act (SBREFA) established a SBREFA 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 Small Business Administration'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, call the SBREFA Ombudsman's toll-free number at 1-888-REG-FAIR (1-888-734-3247). 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. EPA's Audit Policy www.epa.gov/compliance/epas-audit-policy June 2017 Page 2