Document RjK6nDzBwM2kO4BMn7egrXkMa

FILED UNITED STATES ENVIRONMENTAL PROTECTION AGENQ'filfi nFC 20 r \O: I J REGION 6 DALLAS, TX [\.,11.... I Li J ' " E!' " 1. ._ L l 0. , , I IN THE MATTER OF: Texas Lehigh Cement Company LP 701 Cement Plant Rd. Buda, Texas 78610 RESPONDENT EPA Docket No. RCRA-06-2017-0913 Consent Agreement and Final Order I. PRELIMINARY STATEMENT 1. This Consent Agreement and Final Order ("CAFO") is entered into by the United States Environmental Protection Agency, Region 6 ("EPA" or "Complainant") and Texas Lehigh Cement Company LP ("Lehigh" or "Respondent"), and concerns the facility located at 701 Cement Plant Rd., Buda, Texas, 78610. 2. Notice of this.action has been given to the State of Texas, under Section 3008(a)(2) of the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C. 6928(a)(2). 3. For the purpose of these proceedings, Respondent admits the jurisdictional allegations herein; however, Respondent neither admits nor denies the specific factual allegations and conclusions of law contained in this CAPO. This CAFO 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 final order contained in this CAFO, and waives all defenses which have been raised or could have been raised to the claims set forth in the CAFO. 5. Full payment of the penalty as provided below shall resolve Respondent's liability for Federal civil penalties for the violations and facts alleged herein. In the matter of: Texas Lehigh Cement Company LP Docket No. RCRA 06-2017-0913 6. Respondent consents to the issuance of the CAFO hereinafter recited, consents to the assessment and payment of the stated civil penalty in the amount and by the method set out in this CAFO, and consents to the specific stated compliance order. II. JURISDICTION 7. This CAFO is issued by the EPA pursuant to Section 3008(a) ofRCRA, 42 U.S.C. 6928, as amended by the Hazardous and Solid Waste Amendments of 1984 ("HSWA") and is simultaneously commenced and concluded through the issuance of this CAFO under 40 C.F.R. 22.13(b) and 22.18(b) (2) and (3). 8. Respondent agrees to undertake and complete all actions required by the terms and conditions of this CAFO. In any action by the EPA or the United States to enforce the terms of this CAFO, Respondent agrees not to contest the authority or jurisdiction of the EPA to issue or enforce this CAFO, and agrees not to contest the validity of this CAFO or its terms or conditions. III. FINDINGS OF FACT AND CONCLUSIONS OF LAW A. Preliminary Allegations 9. Respondent is a limited partnership authorized to do business in the State of Texas. 2 In the matter of: Texas Lehigh Cement Company LP Docket No. RCRA 06-2017-0913 10. Respondent is a "person" within the meaning of Section 1004(15) ofRCRA, 42 U.S.C. 6903(15); and 30 TEX.ADMIN.CODE 3.2(25), [40 C.F.R. 260.10] 1 11. Respondent owns and/or operates the facility located at 701 Cement Plant Rd., Buda, TX 78610 (the "Facility"). 12. Respondent is engaged in the primary business of manufacturing Portland cement at the Facility. 13. EPA conducted a RCRA investigation and record review ("Investigation") of Respondent's performance and operations as a generator of hazardous waste at the Facility during calendar years 2011 through 2015. 14. During the Investigation, EPA discovered that Respondent generated, accumulated, and offered for transport and treatment hazardous waste streams including the following: A. Cement kiln refractory containing chromium (D007); B. Lab waste - methanol containing barium chloride (DOOl, D005, F003); and C. Feed shelf analyzer condensate containing sulfuric acid (D002). 15. The waste streams identified in Paragraph 14 are "hazardous waste" as defined in 30 TEX.ADMIN.CODE 335.1 (69), [40 C.F.R. 261.21, 261.22, 261.24, and 261.31]. 1 All citations to the EPA authorized Texas hazardous waste program refer to Title 30 ofthe Texas Administrative Code (T.A.C.) as amended, effective through December 31, 2009. 77 Fed. Reg. 71344, 71352 (November 30, 2012); 40 C.F.R. Part 272, Appendix A, Texas. The corresponding Code of Federal Regulation (C.F.R.) citations are also provided. 3 In the matter of: Texas Lehigh Cement Company LP Docket No. RCRA 06-2017-0913 16. From the Investigation, EPA determined that from time to time during the period of2012 through 2015, Respondent generated the hazardous waste streams identified in Paragraph 14 in quantities that exceeded the threshold amount of 1000 kg of hazardous waste per month, which qualified Respondent for the large quantity generator status under 30 TEX.ADMIN.CODE, Chapter 335, Subchapter C, [40 C.F.R. Part 262]. 17. Respondent is a "generator" of "hazardous waste" as those terms are defined in Sections 1004(5) & (6) ofRCRA, 42 U.S.C. 6903(5) & (6), and 30 TEX ADMIN.CODE 335.1(65) & (69), [40 C.F.R. 260.10]. 18. The Facility listed in Paragraph 11 above is a "facility" within the meaning of 30 TEX. ADMIN. CODE 335.l (59), [40 C.F.R. 260.10]. 19. As a generator of hazardous waste, Respondent is subject to Sections 3002 and 3010 ofRCRA, 42 U.S.C. 6922 and 6930, and the regulations set forth at 30 TEX.ADMIN.CODE, Chapter 335, Subchapter C, [40 C.F.R Part 262]. B. Alleged Violations Claim 1- Failure to Give Required Notification 20. The allegations in Paragraphs 1-19 are re-alleged and incorporated herein by reference. 21. 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 general description of such activity and the identified characteristic or listed hazardous wastes handled by such person. No identified or listed 4 In the matter of: Texas Lehigh Cement Company LP Docket No. RCRA 06-2017-0913 hazardous waste subject to this subchapter may be transported, treated, stored, or disposed unless the required notification has been given. 22. Respondent filed with the Administrator or the authorized State notification of its hazardous waste activities at the Facility during the period of2012 through 2015, but the notification did not include the appropriate generator status, in violation of Section 3010(a) of RCRA, 42 U.S.C. 6930(a). Claim 2 - Failure to Operate within Its Stated Generator Status 23. The allegations in Paragraphs 1-22 are re-alleged and incorporated herein by reference. 24. During the Investigation, EPA determined that Respondent declared its generator status as a conditionally exempt small quantity generator ("CESQG"). 25. Pursuant to 30 TEX.ADMIN.CODE 335.78(b) and 40 C.F.R. 261.5(b), as long as a CESQG complies with the applicable requirements under 30 TEX.ADMIN.CODE 335.78(e), (f), (g) and G) and 40 C.F.R. 261.5 (e), (f), (g) and G), the generator's hazardous waste is not subject to regulation under 30 TEX.ADMIN.CODE, Chapter 335, Subchapters C-H and O; 40 C.F.R. Parts 262 through 268; 40 C.F.R. Parts 270 and 124. 26. During the period of2012 through 2015, Respondent exceeded its declared CESQG status on several occasions and operated as a large quantity generator ("LQG") in violation of one or more requirements for LQGs at 30 TEX.ADMIN.CODE, Chapter 335, Subchapter C, [40 C.F.R. 262.34]. 5 In the matter of: Texas Lehigh Cement Company LP Docket No. RCRA 06-2017-0913 IV. COMPLIANCE ORDER 27. Pursuant to Section 3008(a) ofRCRA, 42 U.S.C. 6928(a), Respondent is hereby ordered within thirty (30) calendar days of the effective date of this Order, to provide written certification to the EPA that Respondent completed the following to actions: A. Filed an updated Notification to reflect accurate waste generation information to accurately and adequately comply with RCRA 3010, 42 U.S.C. 6930; B. Assessed all solid waste streams to determine accurate waste codes; C. Implemented procedures intended to ensure that Respondent is operating in compliance with RCRA and the regulations promulgated thereunder; and D. Is currently in compliance with all applicable requirements for its designated generator status. 28. In all instances in which this CAPO requires written submission to EPA, the submittal made by Respondent shall be signed by an owner or officer of Lehigh and shall include the following certification: "I certify under the penalty of law that this document and all its attachments were prepared by me or under my direct supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations." 6 In the matter of: Texas Lehigh Cement Company LP Docket No. RCRA 06-2017-0913 Copies of all documents required by this CAFO shall be sent to the following: U.S. Environmental Protection Agency Compliance Assurance and Enforcement Division Waste Enforcement Branch Waste Compliance III Section (6EN-H3) 1445 Ross Avenue Dallas, TX 75202-2733 Attn: Ashley Pederson v. TERMS OF SETTLEMENT A. Penalty Provisions 29. Pursuant to the authority granted in Section 3008 ofRCRA, 42 U.S.C. 6928, and upon consideration of the entire record herein, including the above referenced Findings of Fact and Conclusions of Law, which are hereby adopted and made a part hereof, upon the seriousness of the alleged violations, and Respondent's good faith efforts to comply with the applicable regulations, it is ordered that Respondent be assessed a civil penalty of Seventy two Thousand Five Hundred and Twelve Dollars ($72,512). 30. The penalty shall be paid within thirty (30) days of the Effective Date of this CAFO and made payable to the Treasurer, United States of America. 31. The following are Respondent's options for transmitting the penalties: For checks sent via U.S. Postal Service Mail (including certified mail) or U.S. Postal Service Express Mail, the check should be remitted to: U.S. Environmental Protection Agency Fines and Penalties Cincinnati Finance Center P.O. Box 979077 St. Louis, MO 63197-9000 7