Document XROR18eLGyoJd7k25DJMEXX9R
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
Region6 1445 Ross Avenue, Suite 1200
Dallas, Texas 75202 - 2733
NOV 1 8 2015
CERTIFIED MAIL- RETURN RECEIPT REQUESTED: 7014 0150 0000 2455 0006
Howard Scott Hardegree Plant Manager Lion Elastomers LLC c/o CT Corporation System 1999 Bryan Street, Suite 900 Dallas, TX 75201-3136
Re: Request for Information Pursuant to Section 3007 ofRCRA regarding facility operations at Lion Elastomers LLC location in Port Neches, Texas; EPA ID No. TXD000789685
Dear Mr. Hardegree:
Enclosed is an Information Request Letter ("Request") issued to Lion Elastomers LLC, 1615 Main Street, Port Neches, Texas. This request is being made pursuant to the authority set forth in Section 3007 of the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C. 6927. Pursuant to this authority, the United States Environmental Protection Agency ("EPA"), Region 6 may require persons with information relevant to the generation, storage, treatment, transportation, disposal, and/or otherwise handling of hazardous wastes to submit information to EPA to determine compliance with RCRA 42 U.S.C. 6921- 6992k.
Please respond to this Request within fourteen (14) calendar days of receipt of this letter. Compliance with this Request is mandatory. Failure to respond fully and truthfully to the Request or to adequately justify such failure to respond can result in enforcement action by EPA pursuant to Section 3008 ofRCRA, 42 U.S.C. 6928.
This Request is not subject to the approval requirements of the Paperwork Reduction Act of 1980,44 U.S.C. 3501, et seq. Your response to this Request should be sent to Gabriel Salinas at the United States Environmental Protection Agency, Region 6, Hazardous Waste Enforcement Branch (6EN-H), 1445 Ross Avenue, Suite 1200, Dallas, Texas 75202.
Please direct technical questions to Mr. Gabriel Salinas of the Hazardous Waste Enforcement Branch at (214) 665-8483, and legal questions to Ms. Angela Hodges in the Office of Regional Counsel at (214) 665-2796. Thank you for your attention to this matter.
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Director Compliance Assurance and
Enforcement Division Enclosures cc: Mr. James Gradney
Texas Commission on Environmental Quality P.O. Box !3087 Austin, TX 78711-3087
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ENCLOSURE A
INFORMATION REQUEST
The Environmental Protection Agency ("EPA"), Region 6 is investigating compliance with the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C. 6921- 6992k. Pursuant to Section 3007 ofRCRA, 42 U.S.C. 6927, you are hereby required to follow the instructions and provide responses to the information required by the questions in this Information Request ("Request"). You are required to submit the requested information to EPA within fourteen (14) calendar days of receipt of this Request. If you anticipate that you will be unable to fully respond to this Request within fourteen (14) calendar days, you must submit a sworn affidavit or declaration by a responsible corporate official within seven (7) calendar days of receipt ofthis Request specifying what information will be provided within the specified 14 calendar day time period, describing what efforts have been/are being made to obtain other responsive information, and providing a detailed schedule of when such other responsive information can be provided. Upon receipt and based on such affidavit or declaration, EPA, Region 6 may extend the time in which Lion Elastomers LLC must provide the responsive information. Furthermore, EPA, Region 6 retains its right to obtain additional information beyond what is sought in this Request.
All information submitted in response to this Request must be certified as true, accurate, and complete by an individual with sufficient knowledge and authority to make such representations on behalf of Lion Elastomers LLC. A Statement of Certification making such representations is provided as Enclosure B. A knowing submittal of false information in response to this Request may be actionable under 18 U.S.C. 1001, and 42 U.S.C. 6928(d). Furthermore, failure to fully comply with this Request may subject Lion Elastomers LLC to an enforcement action under Section 3008 ofRCRA, 42 U.S.C. 6928.
In accordance with Section 3007(b) ofRCRA, 42 U.S.C. 6927(b), the records, reports, and information requested in this Request must be submitted, whether or not you regard part or all of it as a trade secret or confidential. You may, if you desire, assert a business confidentiality claim for all or part of the information submitted in accordance with 40 C.F.R. Part 2. The information qualifying as business confidential will be disclosed by EPA only to the extent and by the procedures set forth in 40 C.F.R. Part 2, Subpart B. Unless you make a claim at the time that you submit the information, it may be made. available to the public by EPA without further notice to you. If you do assert a business confidentiality claim, you must follow the procedures set forth in Section I - Instructions.
All information responsive to this Request should be sent to the following:
Mr. Gabriel Salinas
Hazardous Waste Enforcement Branch (6EN-H) Compliance Assurance and Enforcement Division U.S. EPA- Region 6 1445 Ross Avenue, Suite 1200 Dallas, TX 75202-2733