Document gX1o2KObgMYagYGdMMrEvKjL

FIL ED UNITED STATES ?Olli O'":C t_O ,"' 11: 11 ENVIRONMENTAL PROTECTION AGENCV 1 REGION 6 h."l. ll . ~ ::l.c.'c .1:~'l,l ... ', DALLAS, TEXAS u' IN THE MATTER OF: QUALICO STEEL CO. INC. TEXAS DIVISION MIDLOTHIAN, TEXAS RESPONDENT DOCKET NO. EPCRA-06-2017-0501 CONSENT AGREEMENT AND FINAL ORDER The Director, Compliance Assurance and Enforcement Division, United States Environmental Protection Agency (EPA), Region 6 (Complainant), and Qualico Steel Co. Inc. (hereinafter "Qualico" or ""Respondent") in the above-referenced proceeding, hereby agree to resolve this matter through the issuance of this Consent Agreement and Final Order (CAFO). I. PRELIMINARY STATEMENT 1. This proceeding for the assessment of civil penalties pursuant to Section 325(c) of the Emergency Planning and Community Right-to-Know Act (EPCRA), 42 U.S.C. 11045(c), is simultaneously commenced and concluded by the issuance of this CAPO against the Respondent pursuant to 40 C.F.R. 22.13(b) and 22.. 18(b)(2) and (3). 2. For the purposes of this proceeding, the Respondent admits the jurisdictional allegations herein; however, the Respondent neither admits nor denies the specific factual allegations contained in this CAFO. Re: QUALICO STEEL CO. INC. EPCRA-06-2017-050 I 3. The Respondent explicitly waives any right to contest the allegations and its right to appeal the proposed Final Order set forth therein, and waives all defenses which have been raised or could have been raised to the claims set forth in the CAFO. 4. Compliance with all the terms and conditions of this CAFO shall resolve only those violations which are set forth herein. 5. The Respondent consents to the issuance of this CAFO, to the assessment and payment of the stated civil penalty in the amount and by the method set forth in this CAFO. 6. The Respondent represents that it is duly authorized to execute this CAFO and that the party signing this CAFO on behalf of the Respondent is duly authorized to bind the Respondent to the terms and conditions of this CAFO. 7. The Respondent agrees that the provisions of this CAFO shall be binding on its officers, directors, employees, agents, servants, authorized representatives, successors, and assigns. 8. The Respondent hereby certifies that as of the date of the execution of this CAFO, Respondent has corrected the violations alleged in this CAFO and is now, to the best of its knowledge, in compliance with all applicable requirements of Section 313 of EPCRA, 42 U.S.C. 11023, and 40 C.F.R. Part 372. II. STATUTORY AND REGULATORY BACKGROUND 9. Section313 ofEPCRA,42 U.S.C. 11023, and40 C.F.R. 372.22 and372.30 require the owner or operator of a facility that: (a) has ten or more full-time 2 Re: QUALICO STEEL CO. INC. EPCRA-06-2017-0501 employees; (b) that is an establishment with a primary Standard Industrial Classification (SIC) major group or industry code listed in 40 C.F.R. 372.23(a), or a primary North American Industry Classification System (NAICS) subsector or industry code listed in 40 C.F.R. 372.23(b) or (c); and (c) "manufactured, processed, or otherwise used" a toxic chemical listed under Subsection 313(c) of EPCRA and 40 C.F.R. 372.65, in excess of the threshold quantity established under Subsection 313(f) ofEPCRA, 42 U.S.C. 11023(f), and 40 C.F.R. 372.25, 372.27, or 372.28 during the preceding calendar year, to complete and submit a toxic chemical release inventory Form R to the Administrator of EPA and to the State in which the subject facility is located by July 1, for each toxic chemical known by the owner or operator to be "manufactured, processed, or otherwise used" in quantities exceeding the established threshold quantity during the preceding calendar year. 10. According to Section 313(f) ofEPCRA, 42 U.S.C. 11023(f), and 40 C.F.R. 372.25, the threshold amount for reporting under Section 313(b) of EPCRA, 42 U.S.C. 11023(b), and 40 C.F.R. 372.30, is 25,000 pounds for any toxic chemical "manufactured or processed," and 10,000 pounds for any toxic chemical "otherwise used" for the applicable calendar year. Alternative reporting thresholds are set forth in 40 C.F.R. 372.27 and 372.28. 11. 40 C.F.R. 372.10(a)(3)(ii) requires that each person subject to reporting requirements must retain, for a period of three years following the date of required submission, data supporting the determination of whether a threshold under 372.25 applies for each toxic chemical. 3 Re: QUALICO STEEL CO. INC. EPCRA-06-2017-0501 III. FINDINGS OF FACT AND CONCLUSIONS OF LAW A. PRELIMINARY ALLEGATIONS 12. The Respondent is a corporation incorporated under the laws of the State of Alabama, and is authorized to do business in the State of Texas. 13. The Respondent is a "person" as defined by Section 329(7) ofEPCRA, 42 U.S.C. 11049(7). 14. The Respondent owns and operates the business at 2800 Miller Road, Midlothian, State of Texas 76065. 15. The Qualico Steel Co. Inc. plant identified in Paragraph 14 is a "facility" as that term is defined by Section 329(4) ofEPCRA, 42 U.S.C. 11049(4), and 40 C.F.R. 372.3. 16. The Respondent's facility has ten (10) or more "full-time employees" as that term is defined by 40 C.F.R. 372.3. 17. The Respondent's facility is in NAICS code 332312 (fabricated structural metal manufacturing). 18. During some or all of the calendar years 2010 through 2013, chromium, copper, lead, nickel, manganese, xylene (mixed isomers), and zinc (fume or dust) were "manufactured, processed or otherwise used" as those terms are defined by Section 313(b) ofEPCRA, 42U.S.C.l1023(b), and 40 C.F.R. 372.3, at Respondent's facility. 4 Re: QUALICO STEEL CO. INC. EPCRA-06-2017-0501 19. Chromium, copper, lead, nickel, manganese, xylene (mixed isomers), and zinc (fume or dust) are toxic chemicals within the meaning of 40 C.F.R. 372.3 and 372.65. 20. During the calendar years 2010 through 2013, chromium was "manufactured, processed or otherwise used" in excess of the applicable threshold quantities pursuant to Section 313(c) ofEPCRA, 42 U.S.C. 11023(c) and 40 C.F.R. 372.25. 21. During the calendar years 20 I 0 through 2013, copper was "manufactured, processed or otherwise used" in excess of the applicable threshold quantities pursuant to Section 313(c) ofEPCRA, 42 U.S.C. 11023(c) and 40 C.F.R. 372.25. 22. During the calendar years 2010 through 2013, lead was "manufactured, processed or otherwise used" in excess of the applicable threshold quantities pursuant to Section 313(c) ofEPCRA, 42 U.S.C. 11023(c) and 40 C.F.R. 372.25. 23. During the calendar years 2010 through 2013, nickel was "manufactured, processed or otherwise used" in excess of the applicable threshold quantities pursuant to Section 313(c) ofEPCRA, 42 U.S.C. 11023(c) and 40 C.F.R. 372.25. 24. During the calendar years 2010 through 2013, manganese was "manufactured, processed or otherwise used" in excess of the applicable threshold quantities pursuant to Section 313(c) ofEPCRA, 42 U.S.C. 11023(c) and 40 C.F.R. 372.25. 25. During the calendar year 2013, xylene (mixed isomers) was "manufactured, processed or otherwise used" in excess ofthe applicable threshold quantities pursuant to Section 313(c) ofEPCRA, 42 U.S.C. 11023(c) and 40 C.F.R. 372.25. 26. During the calendar years 2011 through 2013, zinc (fume or dust) was "manufactured, processed or otherwise used" in excess of the applicable threshold 5 Re: QUALiCO STEEL CO. INC. EPCRA-06-2017-050 I quantities pursuant to Section 313(c) ofEPCRA, 42 U.S.C. l 1023(c) and 40 C.F.R. 372.25. 27. An inspection of Respondent's facility was conducted on October 22, 2014 by a duly authorized representative of the EPA's Region 6 office. Based on information provided by the Respondent, the following violations are alleged. B. VIOLATIONS i. Chromium 28. During calendar years 2010 through 2013, Respondent processed chromium in excess of the applicable threshold quantity. 29. Respondent failed to timely submit the required Form R for chromium by July 1 of 2011, 2012, 2013 and 2014, following the years when Respondent processed chromium in excess of the applicable threshold quantity. 30. Therefore, Respondent violated Section 313(a) ofEPCRA, 42 U.S.C. l 1023(a), and 40 C.F.R. 372.30 by failing to timely submit a complete an accurate Form R for chromium for calendar years 2010 through 2013 to the EPA and to the State of Texas by the applicable due date. ii. Copper 31. During calendar years 2010 through 2013, Respondent processed copper in excess of the applicable threshold quantity. 32. Respondent failed to timely submit the required Form R for copper by July 1 of201 l, 2012, 2013, and 2014, following the years when Respondent processed copper in excess of the applicable threshold quantify. 6 Re: QUALICO STEEL CO. INC. EPCRA-06-2017-0501 33. Therefore, Respondent violated Section 313(a) ofEPCRA, 42 U.S.C. 11023(a), and 40 C.F.R. 372.30 by failing to timely submit a complete an accurate Form R for copper for calendar years 2010 through 2013 to the EPA and to the State of Texas by the applicable due date. iii. Lead 34. During calendar years 2010 through 2013, Respondent processed lead in excess of the applicable threshold quantity. 35. Respondent failed to timely submit the required Form R for lead by July 1 of2011, 2012, 2013, and 2014, following the years when Respondent processed lead in excess of the applicable threshold quantify. 36. Therefore, Respondent violated Section 313(a) of EPCRA, 42 U.S.C. 11023(a), and 40 C.F.R. 372.30 by failing to timely submit a complete an accurate Form R for lead for calendar years 2010 through 2013 to the EPA and to the State of Texas by the applicable due date. iv. Nickel 37. During calendar years 2010 and 2011, Respondent processed nickel in excess of the applicable threshold quantity. 38. Respondent failed to timely submit the required Form R for nickel by July 1 of2011 and 2012, following the years when Respondent processed nickel in excess of the applicable threshold quantify. 39. Therefore, Respondent violated Section 313(a) of EPCRA, 42 U.S.C. 11023(a), and 40 C.F.R. 372.30 by failing to timely submit a complete an accurate Form R for 7 Re: QUALiCO STEEL CO. INC. EPCRA-06-2017-050 I nickel for calendar years 2010 and 2011 to the EPA and to the State of Texas by the applicable due date. v. Manganese 40. During calendar years 2010 and 2011, Respondent processed manganese in excess of the applicable threshold quantity. 41. Respondent failed to timely submit the required Form R for manganese by July 1 of 2011 and 2012, following the years when Respondent processed manganese in excess of the applicable tlneshold quantify. 42. Therefore, Respondent violated Section 313(a) of EPCRA, 42 U.S.C. l 1023(a), and 40 C.F.R. 372.30 by failing to timely submit a complete an accurate Form R for manganese for calendar years 2010 and 2011 to the EPA and to the State of Texas by the applicable due date. vi- Zinc (fume or dust) 43. During calendar year 2011, Respondent processed zinc (fume or dust) in excess of the applicable threshold quantity. 44. Respondent failed to timely submit the required Form R for zinc (fume or dust) July 1, 2012, following the years when Respondent processed zinc (fume or dust) in excess of the applicable threshold quantify. 45. Therefore, Respondent violated Section 313(a) ofEPCRA, 42 U.S.C. 11023(a), and 40 C.F.R. 372.30 by failing to timely submit a complete an accurate Form R for zinc (fume or dust) for calendar year 2011 to the EPA and to the State of Texas by the applicable due date. 8