Document nmq4jNGj1kZD0YEw88xzNN3OX

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION6 1445 ROSS AVENUE, SUITE 1200 DALLAS, TX 75202-2733 1 4 MAft20f6 CERTIFIED MAIL-RETURN RECEIPT REQUESTED: 7015 1520 0003 3989 5091 Bernard Holtman Hendrick Medical Center 1900 Pine Street Abilene, Texas 79601 RE: Potential RCRA Violations and Opportunity for Settlement Dear Mr. Holtman: The United States Envir<?nmental Protection Agency Region 6 (EPA), through its investigation and records review, has made certain determinations about the Hendrick Medical Center facility located at 1900 Pine Street, Abilene, Texas. Specifically, EPA has identified potential violations of the Resource Conservation Recovery Act (RCRA) and related regulations. For this reason, I am writing to share with you: (1) the current areas of concern; (2) an option for resolution; and (3) a timeline for resolution. . Current Areas of Concern As a generator of hazardous waste, Hendrick Medical Center is subject to Sections 3002 and 3010 ofRCRA, 42 U.S.C. 6922 and 6930, and the regulations set forth in 30 TEX. ADMIN. CODE 335, Subchapters C and F (incorporating 40 C.F.R. 262 and 270). Upon further investigation EPA may determine that Hendrick Medical Center is also subject to additional laws and regulations. Based on EPA's current investigation and records review, Hendrick Medical Center has identified itself as a RCRA non generator since 2005. However, in 2011 and 2012, Hendrick Medical Center'generated acute hazardous waste in quantities that exceeded the threshold amount of 1 kg per calendar month, which qualifies Hendrick Medical Center for large quantity generator status as established under 30 TEX. ADMIN. CODE 335, Subchapters C and F. EPA has identified a few potential violations and areas of concern. At a minimum, EPA has identified the following potential violations committed by Hendrick Medical Center: i. Failure to operate within its stated generator status, for at least one year, in violation of 30 TEX. ADMIN. CODE 335, Subchapters C and F (40 C.F.R. 262 and/or 270); and 11. Failure to comply with the RCRA notification requirements, in violation of Section 3010(a) ofRCRA, 42 U.S.C. 6930(a). EPA is prepared to meet and discuss the potential violations and any additional areas of concern with Hendrick Medical Center with the aim of resolving this matter through a timely settlement process. An Option for Resolution Upon receipt ofthis letter, if Hendrick Medical Center is interested in resolving the matter through settlement, Hendrick Medical Center has until April 1st to inform EPA in writing by contacting the attorney assigned to this matter, James Murdock, via email to murdock.james@epa.gov. Mr. Murdock will then make arrangements to meet with Hendrick Medical Center either at the EPA office in Dallas, Texas or via conference call. During this meeting, Hendrick Medical Center may address the potential violations and present any evidence that contravenes EPA's evidence. The main goal of this option is to bring Hendrick Medical Center into timely compliance with the applicable environmental laws and regulations. Timetable for Resolution Given the nature of the potential violations and the current evidence that EPA has in support of these violations, EPA estimates that if Hendrick Medical Center avails itself of the settlement process that EPA is now offering, the parties, working amicably together, could have an agreed Consent Agreement and Final Order by April 22nd. If Hendrick Medical Center decides not to accept this streamlined option for settlement, Hendrick Medical Center should notify EPA of its decision in writing to James Murdock by April 1st. Thereafter, EPA will exercise other options for ensuring Hendrick Medical Center's timely compliance with RCRA. 2