Document nkk86XGXYKREewXa6jRe2YZRw

VIA Electronic Mail: mhaughton@gulfcopper.com December 18, 2023 Mike Haughton Corporate Risk Manager Gulf Copper & Manufacturing 2920 Todd Rd Galveston, TX 77554 Re: Notice of Potential Violation and Opportunity to Confer Resource Conservation and Recovery Act Dear Mr. Haughton: Hazardous waste that is improperly managed poses a serious threat to human health and the environment. Through implementation of the authorities in the Resource Conservation and Recovery Act (RCRA), 42 U.S.C. 6901 - 6992k, the United States Environmental Protection Agency regulates the control of hazardous waste from the "cradle-to-grave." This includes the generation, transportation, treatment, storage and disposal of hazardous waste. On December 8, 2022, the EPA, Region 6 conducted an inspection at Gulf Copper and Manufacturing's facility located in Galveston, TX. The purpose of the inspection/investigation was to determine compliance with the requirements of RCRA and the implementing regulations. Information currently available to the EPA suggests potential violations of RCRA. By this letter, the EPA is extending an opportunity to advise the Agency via a conference call, or in writing, of any further information the EPA should consider with respect to the following potential violations of the RCRA and the implementing regulations: Universal Waste Management - Potential violation of the requirements to store Universal Waste in a structurally sound and appropriately labeled container as required by 30 T.A.C. 335.262(c)(2)(B) and (F). Used Oil Management - Potential violation of the requirements to store Used Oil in a structurally sound and appropriately labeled container as required by 30 TAC 324.6, which incorporates the rule for used oil generators in 40 C.F.R. section 279(c)(1) and (b). If you are interested in participating in an opportunity to confer with the Agency with respect to the above listed potential violations, please contact Nathan Taylor, with the Office of Regional Counsel, within seven calendar days of receipt of this letter at taylor.nathan@epa.gov or 214-665-3128. 1 of 3 Thank you for your attention to this matter. If you have any questions, please contact Nathan Taylor, at taylor.nathan@epa.gov or 214-665-3128, or Erin Young-Dahl, at 214-665-3166 or youngdahl.erin@epa.gov. Sincerely, Digitally signed Yurk, Jeff Date: 2023.12.18 by Yurk, Jeff 16:02:44 -06'00' Jeff Yurk Manager Waste Enforcement Branch Enclosure: Additional Sources of Information cc: madelyn.flannagan@tceq.texas.gov john.shelton@tceq.texas.gov 2 of 3 ADDITIONAL SOURCES OF INFORMATION Information on RCRA and hazardous waste regulations https://www.epa.gov/rcra/resource-conservation-and-recovery-act-rcra-regulations RCRA Civil Penalty Policy https://www.epa.gov/enforcement/resource-conservation-and-recovery-act-rcra-civil-penaltypolicy Consolidated Rules of Practice Governing the Administrative Assessment of Civil Penalties, 40 C.F.R. Part 22 https://www.epa.gov/sites/production/files/2013-10/documents/final-crop-fr_1.pdf Small Business Fact Sheet www.epa.gov/compliance/small-business-resources-information-sheet 3 of 3