Document Yrkp785QeLoabpaQOgYXdxJ5K

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 6 1445 ROSS AVENUE, SU ITE 1200 DALLAS, TX 75202-2733 08/14/2018 CERTIFIED MAIL-RETURN RECEIPT REQUESTED: 70 140150000024061120 Mr. Glen Hutson Hutson Industries I000 Hutson Circle Frisco, TX 75030 RE: Potential RCRA Violations and Opportunity for Settlement Dear Mr. Hutson, The United States Environmental Protection Agency, Region 6 ("EPA"), through its investigation and records review, made certain determinations about Hutson Industries and its facility located at 1000 Hutson Circle, Frisco, TX. 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: (l) the current areas of concem; (2) an option for resolution; and (3) a tiineline for resolution. CutTent Areas of Concern As a generator of hazardous waste, Hutson Industries is subject to Sections 3002 and 3010 ofRCRA, 42 U.S .C. 6922 and 6930, and the regulations set fo rth at 30 Tex. Admin. Code Chapter 335, Subchapters C and F, [40 C.F.R. Patts 262 and/or 270]. Upon further investigation, EPA may determine that Hutson Industries is also s ubject to Sections 3004 and 3005 ofRCRA, 42 U.S.C. 6924 and 6925, and the regulations promulgated thereunder. Based on EPA's cunent investigation and records review, Hutson Industries identified as a conditionally exempt small quantity generator. However, at least once within the last five calendar years, Hutson Industries generated hazardous waste in quantities between 100 kilograms and 1,000 kil ograms per calendar month, which qualified Hutson Industries as a small quantity generator as established under 30 Tex. Admin. Code Chapter 335, Subchapter C, [40 C.P.R. Pmt 262]. At a minimum, EPA identified the following potential violations: 1. Failure to meet RCRA notification requirements, in violation ofRCRA 3010(a), 42 U.S.C. 6930(a); and, 11. Failure to operate within its stated generator status for at least one (1) year, in violation of30 Tex. Admin. Code Chapter 335, Subchapters C and F, [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 Hutson Industries, with the aim of resolving this matter through a timely settlement process. An Option for Resolution Upon receipt of this letter, if Hutson Industries is interested in resolving the matter through settlement, Hutson Industries has until 08/24/2018, to inform EPA by letter or e-mail by contacting: Tripti Thapa (6EN-H) Enforcement Officer Hazardous Waste Enforcement Branch U.S. Environmental Protection Agency, Region 6 1445 Ross Avenue, Suite 1200 Dallas, Texas 75202 e-mail: thapa.tripti@epa.gov Thereafter, Tripti Thapa will make aJTangements to meet with Hutson Industries facility representatives either at the EPA office in Dallas, Texas, or via a conference call. During this meeting or conference, Hutson Industries 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 Hutson Industries 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 cuJTent evidence that EPA has in support of these violations, EPA estimates that the pmiics could have an agreed upon Administrative Order on Consent by 10114/2018. This is contingent on whether Hutson Industries avails itself of the settlement process now offered and works amicably with the EPA. It should be noted that if Hutson Industries decides not to accept this streamlined option for settlement, Hutson Industries should notify EPA of its decision in writing to Tripti Thapa by 08/24/2018. Thereafter, EPA will exercise its other options for ensuring Hutson Industries's timely compliance with RCRA and the regulations promulgated thereunder.