Document gE6N4grJ4ZDegazdB1bdxj8RN

BEFORE THE 25 APR -3 f 3: 26 UNITED STATES ENVIRONMENTAL PROTECTION AGTY. CLERK EPA REGION VI ) In the Matter of: Denka Performance Elastomer, LLC Respondent. ) DOCKET NO. RCRA-06-2023-0906 ) ) SECOND AMENDMENT TO CONSENT AGREEMENT ) ) ) ) ) ) SECOND AMENDMENT TO CONSENT AGREEMENT WHEREAS, Respondent has submitted to EPA for review and comment draft "Waste Determination Plans" that address specific "Product Groups" pursuant to Paragraph 4.5.4 of the Consent Agreement, Docket No. RCRA-06-2023-0906, which was filed on December 20, 2022. WHEREAS, EPA has not yet approved the draft "Waste Determination Plans" submitted by Respondent. WHEREAS, EPA continues to evaluate the draft "Waste Determination Plans" submitted by Respondent in consideration of various changes that are under evaluation with respect to the management of "Poly Kettle Strainer Waste." WHEREAS, Respondent continues to manage the "Poly Kettle Strainer Waste" pursuant to Paragraph 4.5.2. NOW THEREFORE, upon the consent and agreement of Denka Performance Elastomer, LLC and EPA, it is hereby agreed as follows: In the Matter of: Denka Performance Elastorner, LLC Docket Num her: RCRA-06-2023-0906 Consent Agreement Page 1 of2 1. In Paragraph 4.5.4, Waste Determination Plans, the date of March 31, 2024, was replaced with the date of March 31, 2025 in the First Amendment to the Consent Agreement. 2. In Paragraph 4.5.4, Waste Determination Plans, the date of March 31, 2025 is now replaced with the date of March 31, 2026 in this Second Amendment to the Consent Agreement. 3. This Second Amendment to Consent Agreement and the attached proposed Final Order shall become effective upon execution of the Final Order by the Regional Judicial Officer and filing with the Regional Hearing Clerk ("Effective Date"). 40 C.F.R. 22.18(b)(2) and 22.3 1(b). DATED: FOR RESPONDENT: Muneatsu Miida CEO Denka Performance Elastomer, LLC DATED: FOR COMPLAINANT: April 4, 2025 Digitally signed by MARGARET OSBOURNE Date: 2025.04.04 09:57:29 -0500' Cheiyl Seager Director Enforcement and Compliance Assurance Division EPA Region 6 in the Matter of: Denka Performance Elastomer, LLC Docket Number: RCRA-06-2023-0906 Consent Agreement Page 2 of 2 BEFORE THE UNITED STATES ENVIRONMENTAL PROTECTION 25 APR -8 P?i 3: 26 6EW2Y' LERK .r'i\ R.GION VI In the Matter of: Denka Performance Elastomer, LLC DOCKET NO. RCRA-06-2023-0906 FINAL ORDER Respondent. 1.1. The Administrator has delegated the authority to issue this Final Order to the Regional Administrator of EPA Region 6, who has redelegated this authority to the Regional Judicial Officer in EPA Region 6. 1.2. The terms of the foregoing Second Amendment of Consent Agreement are ratified and incorporated by reference into this Final Order. Respondent is ordered to comply with the terms of settlement. 1.3. Notwithstanding 40 C.F.R. 22.31(a), this Consent Agreement does not resolve any civil or criminal claims for violations alleged in this Consent Agreement, including claims for civil penalties pursuant to Section 3008(a) of RCRA, 42 U.S.C. 6928(a), as adjusted by 40 C.F.R. Part 19. In accordance with 40 C.F.R. 22.31(a), nothing in this Final Order shall affect the right of EPA or the United States to pursue appropriate injunctive or other equitable relief or criminal sanctions for any violations of law. This Final Order does not waive, extinguish, or otherwise affect Respondent's obligations to comply with all applicable provisions of RCRA and regulations promulgated or permits issued thereunder. In the Matter of: Denka Performance Elastomer, LLC Docket Number: RCRA-06-2023-0906 Second Amendment to Consent Agreement Final Order Page 1 of 2 1.4. Clerk. This Final Order shall become effective upon filing with the Regional Hearing SO ORDERED this _ _ _ _ _ _ _ day of R ucki Digitally signed byRucki, Thomas Thorn as Date: 2025.04.08 1 132:58 -0400' Thomas Rucki Regional Judicial Officer , 2025. In the Matter of: Denka Performance Elastomer, LLC Docket Number: RCRA-06-2023-0906 Second Amendment to Consent Agreement Final Order Page 2 of 2 Certificate of Service The undersigned certifies that the original of the attached SECOND AMENDMENT TO CONSENT AGREEMENT AND FINAL ORDER, In the Matter of: Denka Performance Elastomer, LLC Docket No.: RCRA-06-2023-0906 was filed with the Regional Hearing Clerk and served on the addressees in the following manner on the date specified below to the following email addresses: The undersigned certifies that a true and correct copy of the document was delivered to: murdock.russell@epa.gov Further, the undersigned certifies that a true and correct copy of the aforementioned document was placed in the United States mail certified/return receipt to: Michelle Helfrich Plant Manager Denka Performance Elastomer, LLC 560 Highway 44 LaPlace, LA 70068 DATED this _ _ _ _ _ day of , 2025.