Document kme66N7LJM1vmYxrxvdVmvk7J

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION6 1445 ROSS AVENUE, SUITE 1200 DALLAS, TX 75202-2733 .2 5 JUL 2017 CERTIFIED MAIL- RETURN RECEIPT REQUESTED: 7005 1820 0003 7451 0461 Mr. Cris January Sr. President January Environmental Services, Inc. 2701 S. Prospect Oklahoma City, OK 73129 Re: Request for Information Pursuant to Section 3007 of RCRA regarding operations at January Environmental Services, Inc. location in Oklahoma City, Oklahoma; EPA ID No. OKD042146324. Dear Mr. January: Enclosed is an Information Request Letter ("Request") issued to January Environmental Services Inc., for its location at 4300 SW 361h Street, Oklahoma City, Oklahoma. 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 ofhazardous wastes to submit information to EPA to determine compliance with RCRA 42 u.s.c. 6921 - 6992k. The January 2013 compliance evaluation inspection conducted by the Oklahoma Department of Environmental Quality (ODEQ) revealed potential violations ofthe Oklahoma Hazardous Waste Management Act, the Oklahoma Solid Waste Management Act, the Oklahoma Hazardous Waste and Solid Waste Regulations (OAC 22:205 and 252:5 15), and the Federal Hazardous Waste Management Regulations (Title 40 of the Code of Federal Regulations [40 CFR], Patts 260-270), as authorized under the federal Resource Conservation and Recovery Act. In consultation with the ODEQ, those potential violations may persist. EPA, is therefore collecting information to assist in evaluating the current operational status of the facility, identifying outstanding violations, aJad in securing compliance with applicable RCRA regulations at January Environmental Services Inc. Please respond to this Request within thirty (30) 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. Re: January Environmental Services, Inc. Information Request 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 Ms. Debra Pandak at the United States Environmental Protection Agency, Region 6, Waste Compliance II Section (6EN-H2), 1445 Ross Avenue, Suite 1200, Dallas, Texas 75202. Please direct technical questions to Ms. Debra Pandak at (214) 665-7565, and legal questions to Ms. Angela Hodges of the Office of Regional Counsel at (214) 665-2796. Thank you for your attention to this matter. Sincerely, U,L.___-- Cheryl T. Seager Director Compliance Assurance and Enforcement Division Enclosures EC: Mike J. Edwards, Manager Land Protection Division OK Department of Environmental Quality P. 0. Box 1677 Oklahoma City, OK 73101-1677 Mike.Edwards@deg .ok.gov 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 and information required by the questions in this Information Request ("Request"). You are required to submit the requested information to EPA within thirty (30) calendar days of receipt of this Request. If you anticipate that you will be unable to fully respond to this Request within thirty (30) calendar days, you must submit a sworn affidavit or declaration by a responsible corporate official within twenty (20) calendar days of receipt of this Request specifying what information will be provided within the specified 30 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 January Environmental Services Inc. must provide the responsive information. Furthermore, EPA, Region 6 retains its right to obtain additional information beyond what is sought in this Request. 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 January Environmental Services Inc. A Statement of Certification for 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 January Environmental Services Inc. to an enforcement action under Section 3008 ofRCRA, 42 U.S.C. 6928. In accordance with Section 3007(b) of RCRA, 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 pati 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. Re: January Environmental Services, Inc. Information Request All information responsive to this Request should be sent to the following: Ms. Debra Pandak Hazardous Waste Enforcement Branch (6EN-H2) Compliance Assurance and Enforcement Division U.S. EPA- Region 6 1445 Ross Avenue, Suite 1200 Dallas, TX 75202-2733 I. INSTRUCTIONS I. The enclosed Statement of Certification (Enclosure B) must be filled out and signed by a responsible corporate official and submitted along with your responses to this Request. 2. If information or documents not known or not available to you as of the date of submission of a response to this Request should later become known or available to you, you must supplement your response to EPA, Region 6. Moreover, should you find, at any time after the submission of your response that any portion of the submitted information is false or misrepresents the truth, you must notify EPA of this fact as soon as possible and provide EPA with a cmTected response. There are significant penalties for submitting false information, including the possibility of fine or imprisonment. 3. For each document produced in response to this Request, indicate on the document, or in some other reasonable manner, the number ofthe Question to which it responds. Please submit all information for each question in one logically sequenced electronic format (i.e., electronic copy) and/or one logically sequenced bound format (i.e., paper copy). 4 All terms used in the Request will have their ordinary meaning unless such terms are defined in RCRA, 40 C.F.R. Parts 260 - 280, and the federally-authorized Oklahoma hazardous waste program. 5. If you wish to assert a claim of business confidentiality, you must clearly mark each page of each document included in your claim with a legend such as "trade secret," "proprietary," or "company confidential." If you claim information submitted in response to this Request as confidential, you must also provide a redacted version of the information with all confidential business information deleted. For any document in which you assert a claim of business confidentiality, please answer the following questions: a. What specific portions of the information are alleged to be entitled to confidential treatment? Specify by page, paragraph, and sentence when identifying the information subject to your claim. 2