Document QkZx4yvqgzD2M4YEMrBr0o7ok

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 6 Dallas, Texas 75270 FILED 03 JAN 24 PM 03:58 REGIONAL HEARING CLERK EPA REGION 6 In the Matter of Heavy-Duty Equipment, Inc., Respondent. Docket No. RCRA-06-2024-0925 EXPEDITED SETTLEMENT AGREEMENT AND FINAL ORDER 1. The U.S. Environmental Protection Agency, Region 6 {"EPA") is authorized to enter into this Expedited Settlement Agreement {"Agreement") pursuant to Section 3008 of the Resource Conservation and Recovery Act {"RCRA"), 42 U.S.C. 6928 and 40 C.F.R. 22.13{b). 2. Pursuant to Section 3008{a){2) of RCRA, 42 U.S.C. 6928{a){2), EPA has provided notice to the state of Texas of this action. 3. Heavy-Duty Equipment, Inc. {"Respondent") is the owner or operator of the facility located at 440 RL Ostos Rd in Brownsville, TX 78521 (the "Facility"). 4. The EPA alleges that Respondent violated the following requirements of RCRA and the EPA approved and authorized Texas hazardous waste management program: a. Failure to Make a Hazardous Waste Determination Pursuant to 30 TEX.ADMIN.CODE 335.504(a) [40 C.F.R. 262.11], a person who generates a solid waste, as defined in 335.1 of this title (relating to Definitions), must make an accurate determination as to whether that waste is a hazardous waste in order to ensure wastes are properly managed according to applicable RCRA and Texas Administrative Code regulations. The hazardous waste determination for each solid January 3, 2024 Digitally signed by CHERYL SEAGER Date: 2024.01.03 09:34:50 -06'00' THOMAS RUCKI Digitally signed by THOMAS RUCKI Date: 2024.01.03 12:17:05 -05'00' NATHAN TAYLOR Digitally signed by NATHAN TAYLOR Date: 2024.01.04 09:06:01 -06'00'