Document NEoqbZNXwrj5KBqwO5gLDZjqE

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 4 ATLANTA FEDERAL CENTER 61 FORSYTH STREET ATLANTA, GEORGIA 30303-8960 ELECTRONIC MAIL CONFIRMATION OF RECEIPT EMAIL REQUESTED Mr. Mario Murrell Plant Manager Tradebe Treatment and Recycling of Tennessee, LLC 5485 Victory Lane Milllington, Tennessee 38053 mario.murrell@tradebe.com SUBJ: Opportunity to Show Cause Resource Conservation Recovery Act (RCRA) Compliance Evaluation Inspection (CEI) Tradebe Treatment and Recycling of Tennessee, LLC, EPA ID: TND000772186 Dear Mr. Murrell: On March 8 & 9, 2022, the U.S. Environmental Protection Agency, along with the Tennessee Department of Environment and Conservation (TDEC) conducted a RCRA CEI at Tradebe Treatment and Recycling of Tennessee, LLC (Tradebe) located in Millington, Tennessee to determine the facility's compliance status with RCRA and applicable regulations. This RCRA CEI was an EPA-lead inspection. The EPA has determined that the facility may not be in compliance with several requirements of the THWMA, Tenn. Code Ann. 68-212-101 et seq. [Subtitle C of RCRA, 42 U.S.C. 6921 to 6939(g)], and the regulations promulgated pursuant thereto, found at Chapter 0400-12-01 of the Rules and Regulations of the State of Tennessee (Tenn. Comp. R. & Regs.) [Title 40 of the Code of Federal Regulations (C.F.R.) Parts 260 through 279] based on potential violations observed during the CEI. The observations made during the inspection are summarized in the attached RCRA CEI Report. Please provide a detailed written response within fourteen (14) days following receipt of this letter describing any actions that Tradebe has taken and/or intends to take related to the observations and potential violations documented in the RCRA CEI Report. Your response should be mailed and emailed to: Daryl R. Himes U.S. Environmental Protection Agency, Region 4 RCRA Enforcement Section Chemical Safety and Land Enforcement Branch Enforcement and Compliance Assurance Division 61 Forsyth Street, SW Atlanta, Georgia 30303 himes.daryl@epa.gov Internet Address (URL) http://www.epa.gov Information currently available to the EPA suggests that Tradebe may be in violation of, or have committed violations of, RCRA. By this letter, the EPA is extending to you an opportunity to advise the agency, via a conference call, of any further information the EPA should consider with respect to the potential violations. Tradebe may elect to be represented by legal counsel at this meeting and should be prepared to present relevant information and documentation pertaining to the EPA's observed potential violations. The EPA may determine that a formal enforcement action is appropriate and may assess civil penalties pursuant to Section 3008(a) of RCRA, 42 U.S.C. 6928(a). Therefore, Tradebe has the opportunity to present factors and documentation that could mitigate any penalties that may be assessed against the facility, including information on ability to pay a penalty. Prior to the meeting, Tradebe may review the following documents: RCRA Civil Penalty Policy found at: http://www2.epa.gov/sites/production/files/documents/rcpp2003-fnl.pdf, Revised Penalty Matrices found at: https://www.epa.gov/sites/production/files/201801/documents/amendmentstotheepascivilpenaltypoliciestoaccountforinflation011518.pdf, Inflation Adjustments found at: https://www.epa.gov/sites/production/files/202001/documents/2020penaltyinflationruleadjustments.pdf Please be advised that any information provided by Tradebe at the meeting may be used by the EPA in any civil or criminal proceedings related to this or other matters. Any false, fictitious, or fraudulent material omissions, statements or representations may subject Tradebe to criminal penalties under Section 3008(d)(3) of RCRA, 42 U.S.C. 6928(d)(3). If Tradebe chooses to accept this offer to meet with the EPA, the facility should contact Daryl Himes within fourteen (14) days following receipt of this letter to schedule a conference call. Daryl Himes can be reached at (404) 562-8614 or by email at himes.daryl@epa.gov. If you decide not to accept this offer to meet to discuss the observed potential violations, the EPA may proceed with enforcement action against Tradebe as authorized under Section 3008(a) of RCRA, 42 U.S.C. 6928(a), including the assessment of appropriate civil penalties and injunctive relief. If Tradebe is a Small Business or a Small Community, you can find compliance and enforcement resources specifically designed to meet your needs at: http://www2.epa.gov/enforcement/smallbusinesses-and-enforcement. In that webpage you can find information about the Small Business Regulatory Enforcement Fairness Act (SBREFA) that accords some rights to small businesses and is aimed at providing assistance to small businesses and other small entities, making tools available for better understanding of the regulatory and enforcement processes, and seeing that there is no unfair treatment relating to the regulatory enforcement process. Please feel free to contact Daryl Himes if you have any technical questions regarding the observations and findings from the inspection performed at Tradebe Treatment and Recycling of Tennessee, LLC's facility. Sincerely, KIMBERLY KIMBERLY BINGHAM Digitally signed by BINGHAM 13:58:50 -04'00' Date: 2022.05.19 Kimberly L. Bingham Chief Chemical Safety and Land Enforcement Branch Enclosure cc: Mr. Patrick J. Flood; TDEC (pat.flood@tn.gov)