Document qrZQZ4BrEEvZVxrq7GGQMgm5

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 6 DALLAS, TX .-.: ,_., i"< ,., ) ., i ' I i :,J ... "\ IN THE MATTER OF: Chevron U.S.A. Inc. Brimpark Technology Center 3901 Brimpark Drive Houston, TX 77042 RESPONDENT (EPA ID TXD099393381) Consent Agreement and Final Order USEPA Docket No. RCRA-06-2015-0919 CONSENT AGREEMENT AND FINAL ORDER I. PRELIMINARY STATEMENT I. This Consent Agreement and Final Order ("CAFO") is entered into by the United States Environmental Protection Agency, Region 6 ("EPA" or "Complainant'.') and Respondent, Chevron U.S.A. Inc., ("Chevron" or "Respondent"), and concerns the facility located at 3901 Briarpmk Drive, Texas 77042 (the "Facility"). 2. Notice of this action has been given to the State of Texas, under Section 3008(a)(2) of the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C. 6928(a)(2). 3. For the purpose of these proceedings, Respondent admits the jurisdictional allegations herein; however, Respondent neither admits nor denies the specific factual allegations and conclusions of law contained in this CAFO. This CAFO states a claim upon which relief may be granted. Re: Chevron U.S.A. Inc. RCRA-06-20 15-0919 4. The Respondent explicitly waives any right to contest the allegations and its right to appeal the final order contained in this CAFO, and waives all defenses which have been raised or could have been raised to the claims set fmth in the CAFO. 5. The CAFO resolves all RCRA violations as alleged herein from 2010 through 2014. 6. Respondent consents to the issuance of the CAFO hereinafter recited, consents to the assessment and payment of the stated civil penalty in the amount and by the method set out in this CAFO, and consents to the specific stated compliance order. II. JURISDICTION 7. This CAFO is issued by the EPA pursuant to Section 3008(a) ofRCRA, 42 U.S.C. 6928(a), as amended by the Hazardous and Solid Waste Amendments of 1984 ("HSWA") and is simultaneously commenced and concluded through the issuance of this CAFO under 40 Code of Federal Regulations ("C.F.R.") 22.13(b) and 22.18(b)(2) and (3). 8. Respondent agrees to undertake and complete all actions required by the terms and conditions of this CAFO. In any action by the EPA or the United States to enforce the terms of this CAFO, Respondent agrees not to contest the authority or jurisdiction of the EPA to issue or enforce this CAFO, and agrees not to contest the validity of this CAFO or its terms or conditions. III. FINDINGS OF FACT AND CONCLUSIONS OF LAW 9. Respondent is a Pennsylvania corporation, authorized to do business in Texas on January 6, 1936, with its corporate headquarters located at 600 I Bollinger Canyon Road, San Ramon, California 94583 and the Facility located at 390 I Briarpark Drive, Texas 77042. 2 Re: Chevron U.S.A. Inc. RCRA-06-2015-091 9 10. Respondent is a "person" within the meaning of Section 1004(15) ofRCRA, 42 U.S.C. 6903(15); and 30 TEX.ADMIN.CODE; 3.2(25), [40 C.F.R. 260.10]. II. Respondent owns and operates the Facility for research and development in the areas of physical, engineering, and life sciences. Respondent's Chevron Business and Real Estate Services ("CBRES") division operated the Facility during the period of January 20 I0 through December 2014. Respondent's Chevron Energy Technology Company ("CETC") operated the Facility during the period of January 2015 through the present. 12.ln May 2014, EPA conducted site visits at several Treatment, Storage, and Disposal Facilities ("TSDs") and pursuant to Section 3007 of RCRA, 42 U.S.C. 6927 obtained information on Chevron hazardous wastes that it offered for transport and treatment ("Responses"). 13. During the period of January 2015 through April 2015, EPA conducted a RCRA investigation and record review ("Investigation") of Respondent's performance and operations as a generator of hazardous waste at the Facility. 14. During the Investigation and review of the Responses, EPA discovered that Respondent generated, treated, stored, and offered for transport and treatment the following hazardous waste, during 2010 through 2014: 1. Ignitable, corrosive, and reactive characteristic wastes with the hazardous waste codes, respectively DOO I, D002, and D003; 11. Toxicity wastes with the hazardous waste codes D005, D007, D009, DOI8, DOI9, D022, D026, D028, D035, D036, D038, respectively barium, chromium, mercury, benzene, carbon tetrachloride, chloroform, cresol, I ,2dichloroethane, methyl ethyl ketone, nitrobenzene, and pyridine; and 3 Re: Chevron U.S.A. Inc. RCRA-06-2015-0919 Ill. Several listed hazardous waste, including hazardous waste with the hazardous waste codes FOOl, F002, F003, F004, F005, P022, U022, U003, U03 I, U080, UI22, 0124, UI40, UI54, U161, U220, 0226, U239, including spent halogenated solvents used in degreasing, spent halogenated solvents, spent non-halogenated solvents, carbon disulfide, acetone, acetonitrile, n:butyl alcohol, methylene chloride, ethyl acetate, furan, isobutyl alcohol, methyl alcohol, methyl isobutyl ketone, toluene, methyl chloroform, and xylene. 15. The waste streams identified in Paragraph 14 are "hazardous waste" as defined in 30 TEX.ADMIN.CODE 335.1 (69), [40 C.F.R. 261.21, 261.22, 261.23, 261.24, 261.31, and 261.33]. I6. From the Investigation and review of the Responses, EPA determined that during the period of 20 I 0, through 20 I4, Respondent generated the hazardous waste streams identified in Paragraph I4 in quantities that exceeded the threshold amount in some instances of I kg of acute hazardous waste and I 000 kg of hazardous waste per month, which qualified Respondent for the large quantity generator status under 30 TEX.ADMIN.CODE, Chapter 335, Subchapter C, [40 C.F.R. Part 262], for the periods that such wastes remained onsite. I 7. Respondent is a" generator" of "hazardous waste" at the Facility, as those terms are defined in Sections 1004(5) & (6) ofRCRA, 42 U.S.C. 6903(5) & (6), and 30 TEX ADMIN.CODE 335. 1(65) & (69), [40 C.F.R. 260. 10]. I 8. The Facility is a "solid waste management facility" within the meaning of Section I 004(29) of RCRA, 42 U.S.C. 6903(29); and a "facility" within the meaning of 30 TEX. ADMIN. CODE 335.1 (59), [40 C.F.R. 260.10]. 4 Re: Chevron U.S.A. Inc. RCRA-06-2015-0919 19. As a generator of hazardous waste, Respondent is subject to Sections 3002 and 30 I 0 of RCRA, 42 U.S.C. 6922 and 6930, and the regulations set forth at 30 TEX.ADMIN.CODE, Chapter 335, Subchapter C, [40 C.F.R Part 262]. Claim i. Notification Requirements 20. The allegations in Paragraphs I -19 are realleged and incorporated herein by reference. 21. Pursuant to Section 301 O(a) of RCRA, 42 U.S.C. 6930(a), any person generating a characteristic or listed hazardous waste shall file with the Administrator or authorized State a notification stating the location and general description of such activity and the identified characteristic or listed hazardous wastes handle d by such person. 22. Respondent did not file with the Administrator or the authorized State a subsequent notification of its hazardous waste activities for the periods in 20 I 0 through 2014 to reflect its generation of hazardous waste triggering the large quantity threshold in violation of Section 30IO(a) ofRCRA, 42 U.S.C. 6930(a). Claim ii. Failure to Operate within Its Stated Generator Status 23. The allegations in Paragraphs 1-22 are realleged and incorporated herein by reference. 24. During the Investigation, EPA determined that Respondent declared it generator status as a small quantity generator ("SQG"). 25. Pursuant to 30 TEX.ADMIN.CODE 335.69(d) and 40 C.F.R. 262.34(d), as long as the SQG complies with the requirements set forth therein, the SQG can operate without a permit or interim status. 5 Re: Chevron U.S.A. Inc. RCRA-06-20 15-0919 26. During the period of 20 I 0 through 2014, Respondent exceeded its declared SQG status and for the months such hazardous waste remained onsite, operated as a large quantity generator in violation of one or more of the requirements for a large quantity generators under 30 TEX.ADMIN.CODE, Chapter 335, Subchapter C, [40 C.F.R. 262.34]. Claim iii. Failure to File Annual/Biennial Reports 27. The allegations in Paragraphs 1-26 are realleged and incorporated herein by reference. 28. Pursuant to 30 TEX.ADMIN.CODE 335.71, [40 C.F.R. 262.41], a generator who ships any hazardous waste off-site for treatment, storage and/or disposal, must prepare and submit a Biennial Report to EPA's Regional Administrator, and to the TCEQ, by March I of each even-numbered year in addition to the annual reporting, which is required under 30 TEX.ADMIN.CODE 335.9. 29. At all times relevant to this CAFO, the EPA and/or the TCEQ did not receive the requisite number of Annual/Biennial Reports that Respondent was required to file in violation of 30 TEX.ADMIN.CODE 335.9 and 335.71, [40 C.F.R. 262.41]. Claim iv. Failure to Comply with the Manifest Requirements 30. The allegations in Paragraphs J-29 are realleged and incorporated herein by reference. 31. Pursuant to 30 TEX.ADMIN.CODE 335.1 O(a)(l) and 335.1 O(c), [40 C.F.R. 262.20(a)] a small or large quantity generator shall not offer its hazardous waste for shipment unless it prepares a standard manifest form (EPA Form 8700-22) according to the instructions found in the Appendix to 40 C.F.R. Part 262 and includes a Texas waste code for each hazardous waste itemized on the manifest. 6 Re: Chevron U.S.A. Inc. RCRA-06-201 5-0919 32. During the period of2010 through 2014, Respondent generated and offered for shipment hazardous waste, manifested on several manifests without complying with various requirements/instructions found in the Appendix to 40 C.P.R. Part 262. 33. Therefore, Respondent failed to accurately and adequately prepare its hazardous waste manifest for its shipment of hazardous waste in violation of30 TEX.ADMIN.CODE 335.10(a)(l) and 335.10(c), [40 C.F.R. 262.20(a)]. IV. COMPLIANCE ORDER 34. Pursuant to Section 3008(a) ofRCRA, 42 U.S.C. 6928(a), Respondent is hereby ordered to take the following actions, and within sixty (60) calendar days of the effective date of this Order, Respondent shall provide in writing the following: A. Respondent shall certify, through its CETC division, that it has assessed all its solid waste streams to determine the accurate waste codes and has reviewed and updated its Hazardous Waste Management Plan ("Plan") to reinforce Chevron's operational compliance with RCRA and the regulations promulgated thereunder, including, but not limited to, procedures for: (a) making hazardous waste determinations; (b) managing hazardous wastes; (c) reporting, transporting, and disposing of hazardous waste; (d) preparing its manifests; and (e) meeting the requirements of the land disposal requirements; 7 Re: Chevron U.S.A. Inc. RCRA-06-2015-0919 B. Respondent shall certify, through its CETC division, that it has accurately and adequately complied with its RCRA Section 30 I0 Notification, and within the prescribed time period; and C. Respondent shall provide, with its certification, a copy of Respondent's Plan as described in subparagraph A above. 35. In all instances in which this CAFO requires written submission to EPA, the submittal made by Respondent shall be signed by an owner or officer of Chevron and shall include the following certification: "! certify under the penalty of law that this document and all its attachments were prepared by me or under my direct supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations." Copies of all documents required by this CAFO shall be sent to the following: U.S. Environmental Protection Agency Compliance Assurance and Enforcement Division Hazardous Waste Enforcement Branch Compliance Enforcement Section (6EN-HC) 1445 Ross Avenue Dallas, TX 75202-2733 Attn: Dale Thrush 8 Re: Chevron U.S.A. Inc. RCRA-06-2015-0919 v. TERMS OF SETTLEMENT i. Penalty Provisions 36. Pursuant to the authority granted in Section 3008 ofRCRA, 42 l.J.S.C. 6928, and upon consideration of the entire record herein, including the above referenced Findings of Fact and Conclusions of Law, which are hereby adopted and made a part hereof, upon the seriousness of the alleged violations, and Respondent's good faith efforts to comply with the applicable regulations, it is ordered that Respondent be assessed a civil penalty of Ninety-Nine Thousand and Seventy Dollars ($99,070). 37. Respondent, through its CBRES division, shall pay the penalty within forty-five (45) calendar days of the effective date of this CAFO and made payable to the Treasurer United States. 38. The following are Respondent's options for transmitting the penalties: Regular Mail, U.S. Postal Mail (including certified mail) or U.S. Postal Service Express Mail, the check should be remitted to: U.S. Environmental Protection Agency Fines and Penalties Cincinnati Finance Center P.O. Box 979077 St. Louis, MO 63197-9000 9 Re: Chevron U.S.A. Inc. RCRA-06-2015-0919 Overnight Mail (non-U.S. Postal Service), the check should be remitted to: U.S. Bank Government Lockbox 979077 US EPA Fines and Penalties I005 Convention Plaza SL-MO-C2-GL St.Louis,MO 63101 314-418-1028 Wire Transfer: Federal Reserve Bank ofNew York ABA: 021030004 Account No. 68010727 SWIFT address= FRNYUS33 33 Liberty Street New York, NY 10045 The case name and docket number (In the Matter of Chevron U.S.A. Inc.: Docket RCRA- 06- 20 15-0919) shall be clearly documented on or within your chosen method of payment to ensure proper credit. 39. The Respondent shall send a simultaneous notice of such payment to the following: Lorena S. Vaughn Regional Hearing Clerk (6RC-D) U.S. EPA, Region 6 1445 Ross Avenue Dallas, Texas 75202-2733 Mark Potts, Associate Director Hazardous Waste Enforcement Branch (6EN-H) Compliance Assurance and Enforcement Division U.S. EPA, Region 6 1445 Ross Avenue Dallas, Texas 75202-2733 Attention: Dale Thrush 10 Re: Chevron U.S.A. Inc. RCRA-06-2015-0919 Your adherence to this request will ensure proper credit is given when penalties are received by EPA. 40. Pursuant to 31 U.S.C. 3717 and 40 C.F.R. 13.11, unless otherwise prohibited by law, EPA will assess interest and late payment penalties on outstanding debts owed to the United States and a charge to cover the cost of process and handling a delinquent claim. Interest on the civil penalty assessed in this CAFO will begin to accrue on the effective date of the CAFO and will be recovered by EPA on any amount of the civil penalty that is not paid within forty-five (45) calendar days of the civil penalty's due date and will be assessed at the rate of the United States Treasury tax and loan rate in accordance with 40 C.F.R. 13.ll(a). Moreover, the costs of the Agency's administrative handling overdue debts will be charged and assessed monthly throughout the period the debt is overdue. 40 C.F.R. 13.1 l(b). EPA will also assess a $15.00 administrative handling charge for administrative costs on unpaid penalties for the thirty (30) day period after the payment is due and an additional $15.00 for each subsequent thirty (30) day period the penalty remains unpaid. In addition, a penalty charge of up to six percent per year will be assessed monthly on any portion of the debt which remains delinquent more than ninety (90) days. 40 C.F.R. 13.ll(b). Should a penalty charge on the debt be required, it shall accrue from the first day payment is delinquent. 31 C.F.R. 901.9(d). Other penalties for failure to make a payment may also apply. 11 Re: Chevron U.S.A. Inc. RCRA-06-2015-0919 ii. Cost 41. Each party shall bear its own costs and attorney's fees. Furthermore, Respondent specifically waives its right to seek reimbursement of its costs and attorney's fees under the Equal Access to Justice Act (5 U.S.C. 504), as amended by the Small Business Regulatory Enforcement Fairness Act (P.L. 04-121), and any regulations promulgated pursuant to those Acts. iii. Termination and Satisfaction 42. When Respondent believes that it has complied with all the requirements of this CAFO, including compliance with the Compliance Order and payment of the civil penalty, Respondent shall so certify in writing and in accordance with the certification language set forth in Section IV (Compliance Order), Paragraph 35. Unless the EPA, Region 6 objects in writing within sixty (60) days of EPA's receipt of Respoi1dent's certification, then this CAFO is terminated on the basis of Respondent's certification. iv Effective Date of Settlement 43. This CAFO shall become effective upon filing with the Regional Hearing Clerk. 12 Re: Chevron U.S.A. Inc. RCRA-06-20 15-0919 THE UNDERSIGNED PARTIES CONSENT TO THE ENTRY OF THIS CONSENT AGREEMENT AND FINAL ORDER: FOR THE RESPONDENT: ~ 'S Date: .AV--=~6=--- Chevron U. . . Inc. , acting through its Chevron Energy Technology Company division Date: ~~ I~ Chevro U.S.A. Inc. , acting through its Chevron Business and Real Estate Services division FOR THE COMPLAINANT: Date: 6 /z11/> Director Compliance Assurance and Enforcement Division 13 Re: Chevron U.S.A. Inc. RCRA-06-2015-0919 FINAL ORDER Pursuant to the Consolidated Rules of Practice Governing the Administrative Assessment of Civil Penalties, 40 CFR Pmi 22, the foregoing CAFO is hereby ratified. This Final Order shall not in any case 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 shall resolve only those causes of action alleged herein. Nothing in this Final Order shall be construed to waive, extinguish or otherwise affect Respondent's (or its of1lcers, agents, servants, employees, successors, or assigns) obligation to comply with all applicable federal, state, and local statutes and regulations, including the regulations that were the subject of this action. The Respondent is ordered to comply with the tetms of settlement and the civil penalty payment instructions as set fotih in the CAFO. Pursuant to 40 CFR 22.31(b) this Final Order shall become effective upon filing with the Regional Hearing Clerk. Date: C! Ia! \f ~A/t4#/~' Thomas Rucki ;Y Regional Judicial Officer 14 Re: Chevron U.S.A. Inc. RCRA-06-2015-0919 CERTI.FICATE OF SERVICE ,?\., 0 () . I hereby ce1iify that on the __1 day of ,_J(:__ 2015, the original of the foregoing Consent Agreement and Final Order was hand delivered to the Regional Hearing Clerk, U.s: EPA - Region 6, 1445 Ross Avenue, Dallas, Texas 75202-2733, and that a true and correct copy of the CAFO was sent to the following by the method identified below: cERTIFIED MAIL _RETURN RECEIPT REQuEsTEnrJI;1t/(2 1F5DO':t.'lD J \{5L I qcro ~ Robert A. Malinoski Senior Counsel Chevron Law Department Chevron U.S.A. Inc. 1400 Smith Sireet, 5th Floor Houston, TX 77002 Paralegal ; All citations to the EPA authorized Texas hazardous waste program refer to Title 30 of the Texas Administrative Code (T.A.C.) as amended, effective through December 31, 2009. 77 Fed. Reg. 71344,71352 (November 30, 2012); 40 C.F.R. Part 272, Appendix A, Texas. The corresponding Code of Federal Regulation (C.F.R.) citations are also provided. 15