Document rvxmoqqnYgK25jaynbNkDOwr
RETURN RECEIPT REQUESTED
Mr. Jeff Barcenas General Manager Republic Services Roosevelt Regional Municipal Solid Waste Landfill 500 Roosevelt Grade Road Roosevelt, Washington 99356
Re: INFORMATION REQUEST Regarding Republic Services Roosevelt Regional Municipal Solid Waste Landfill, Roosevelt, Washington
Dear Mr. Barcenas:
This Information Request is issued to Republic Services Roosevelt Regional Municipal Solid Waste Landfill at 500 Roosevelt Grade Road in Roosevelt, Washington ("Facility" or "Roosevelt Regional Landfill") pursuant to Section 114 of the Clean Air Act (CAA), 42 U.S.C. 7414.
Under CAA Section 114, the United States Environmental Protection Agency (EPA) is authorized to require the submission of records, reports, and other information for the purpose of determining whether any violations of the CAA have occurred and for other purposes of the CAA. Roosevelt Regional Landfill is required to provide information and documents identified below in the time frame specified below.
On March 9, 2022, EPA conducted an inspection at Roosevelt Regional Landfill to determine compliance with the CAA National Emission Standards for Hazardous Air Pollutants for asbestos ("asbestos NESHAP") (40 CFR Part 61, Subpart M). Roosevelt Regional Landfill provided Waste Shipment Records ("WSRs") on April 16, 2022, for asbestos containing waste shipments received during May 2020 and August 2021. Upon review, these records were identified to have potential compliance concerns. EPA is requesting additional WSRs in order to further determine compliance with the asbestos NESHAP.
Accordingly, you are hereby required to submit the following information within 30 days of your receipt of the request. If you anticipate being unable to fully respond to this Information Request by the specified date, you may request an extension within 14 days of receipt of this request.
Submit your response to this Information Request or request for extension to:
Alyson Skeens skeens.alyson@epa.gov (208) 378-5748
Please ensure the enclosed Statement of Certification is signed by a duly-authorized officer or agent of Roosevelt Regional Landfill and returned with the response to this Information Request.
Failure to timely respond fully and truthfully to this Information Request may subject you to civil penalties pursuant to Section 113 of the CAA, 42 U.S.C. 7413. In addition, providing false, fictitious, or fraudulent statements or representations may subject you to criminal penalties under 18 U.S.C. 1001. Your response to this Information Request may be used by EPA in administrative, civil, or criminal proceedings.
The information requested must be submitted whether or not you regard all or part of it as a trade secret or confidential information. Please see the enclosure regarding claims of business confidentiality.
Thank you for your cooperation. If you have any questions regarding this Information Request or wish to request an extension, please contact Alyson Skeens.
Sincerely,
MORGAN JENCIUS
Digitally signed by MORGAN JENCIUS Date: 2024.03.07 13:47:11 -08'00'
Morgan Jencius
Air and Land Enforcement Branch Manager
Enforcement and Compliance Assurance Division
Enclosures 1. Information Request 2. Statement of Certification
cc: Art Mains, Washington Environmental Manager
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Confidential Business Information The information requested in the accompanying Information Request must be provided whether or not you regard part or all of it as a trade secret or confidential business information. You may assert a confidentiality claim covering part or all of the information, pursuant to Section 114 of the CAA, 42 U.S.C. 7414 and 40 C.F.R. Part 2, Subpart B, by placing on or attaching to the information, at the time it is submitted to EPA, a cover sheet, stamped or typed legend, or other suitable form of notice employing language such as "trade secret," "proprietary," or "company confidential." Allegedly confidential portions of otherwise non-confidential documents should be clearly identified, and may be submitted separately to facilitate identification and handling by EPA. Information covered by such a claim will be disclosed by EPA only to the extent and by the procedures set forth in statutes and 40 C.F.R. Part 2, Subpart B. See 40 C.F.R. 2.301 for additional rules governing certain information obtained under the CAA. Note that certain categories of information, including "emission data," are not entitled to confidential treatment. Unless you make a claim at the time you submit the information in the manner described in 40 C.F.R. 2.203(b), it may be made available to the public by EPA without further notice to you. 40 CFR 2.203; see also 41 Fed. Reg. 36902 (September 1, 1976).
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ENCLOSURE 1 CAA INFORMATION REQUEST
Republic Services Roosevelt Regional Municipal Solid Waste Landfill
A. INSTRUCTIONS
1. Provide a separate narrative response to each question and subpart of a question in this Information Request. Mark each answer with the number of the question (and subpart, if applicable) to which it corresponds.
2. For each question, provide a copy of each document relied on or referred to in the preparation of the response or that contains information responsive to the question.
3. Indicate on each document produced in response to this Information Request, or in another reasonable manner, the number of the question to which it corresponds.
4. If requested information or documents are not known or are not available to you at the time of your response to this Information Request, but later become known or available to you, you must supplement your response to EPA. Moreover, if you find at any time after submission of your response that any portion is or becomes false, incomplete, or misrepresents the facts, you must provide EPA with a corrected response as soon as possible.
5. Provide the name, title, and business contact information for each person who prepared or was consulted in the preparation of your response. If you have reason to believe that there may be persons able to provide a more detailed or complete response to any question contained in this Information Request, or who may be able to provide additional responsive documents, provide the name, title, and business contact information for each such person and the additional information or documents that they may have.
6. If you believe a question is not applicable to the Facility, explain the reason for that belief.
7. The information requested must be provided whether or not you regard part or all of it as a trade secret or confidential business information. You may assert a confidentiality claim covering part or all of the information submitted, pursuant to Section 114 of the Clean Air Act (CAA), 42 U.S.C. 114, and 40 C.F.R. Part 2, by labeling such information at the time it is submitted to EPA as "trade secret," "proprietary," "company confidential," or other suitable notice.
Information covered by such a claim will be disclosed by EPA only to the extent and by the procedures set forth in statutes and 40 C.F.R. Part 2, Subpart B. See 40 C.F.R. 2.301 for additional rules governing certain information obtained under the CAA. Note that certain categories of information, including "emission data," are not entitled to confidential treatment. Unless you make a claim at the time you submit the information in the manner described in 40 C.F.R. 2.203(b), it may be made available to the public by EPA without further notice to you. See also 41 Fed. Reg. 36902 (Sept. 1, 1976).
Roosevelt Regional Landfill may assert a confidentiality claim covering part or all of the information by placing on (or attaching to) the information, at the time it is submitted to EPA, a cover sheet, stamped or typed legend, or other suitable form of notice employing language such as "trade secret," "proprietary," "company confidential." Allegedly confidential portions of otherwise non-confidential documents should be clearly identified by Roosevelt Regional Landfill,
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and may be submitted separately to facilitate identification and handling by EPA. Information covered by such a claim will be disclosed by EPA only to the extent and by the procedures set forth in statutes and 40 C.F.R. Part 2, Subpart B. Unless you make a claim at the time you submit the information in the manner described in 40 C.F.R. 2.203(b), it may be made available to the public by EPA without further notice to you. 40 CFR 2.203; see also 41 Fed. Reg. 36902 (Sept. 1, 1976).
B. DEFINITIONS
All terms used in this Information Request have their ordinary meaning unless such terms are defined in this Information Request; Sections 112 or 302 of the CAA , 42 U.S.C. 7412 or 7602; or 40 C.F.R. 61, Subparts A and M. For purposes of this Information Request:
1. The terms "you" or "Respondent" means Roosevelt Regional Landfill, and its subsidiaries, officers, directors, managers, partners, employees, contractors, and agents, as applicable.
2. "Facility" means any institutional, commercial, public, industrial, or residential structure, installation, or building (including any structure, installation, or building containing condominiums or individual dwelling units operated as a residential cooperative, but excluding residential buildings having four or fewer dwelling units); any ship; and any active or inactive waste disposal site. For purposes of this definition, any building, structure, or installation that contains a loft used as a dwelling is not considered a residential structure, installation, or building. Any structure, installation or building that was previously subject to this subpart is not excluded, regardless of its current use or function.
3. "Document" includes writings, records, or information of any kind, formal or informal, whether handwritten, typed, or otherwise recorded in or on any format or media. If in computer format or memory, each such document shall be provided in translation to a form useable and readable by EPA, with all necessary documentation and support. Include all attachments to or enclosures with any responsive document.
4. "Asbestos-containing material" or "ACM" means Category I nonfriable ACM, Category II nonfriable ACM, and Regulated Asbestos Containing Material (RACM).
5. "Waste Shipment Record" or "WSR" means the shipping document, required to be originated and signed by the waste generator, used to track and substantiate the disposition.
C. INFORMATION REQUEST
Republic Services Roosevelt Regional Municipal Solid Waste Landfill ("Roosevelt Regional Landfill") must submit the following information pursuant to Section 114(a) of the CAA, 42 U.S.C. 7414(a):
1. Provide copies of Waste Shipment Records dated between February 5, 2024 and March 5, 2024.
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ENCLOSURE 2 STATEMENT OF CERTIFICATION
Republic Services Roosevelt Regional Municipal Solid Waste Landfill
INFORMATION REQUEST STATEMENT OF CERTIFICATION
I certify that the enclosed responses to EPA's Information Request issued to Roosevelt Regional Landfill are true, accurate, and complete. I certify that the portions of these responses which I did not personally prepare were prepared by persons acting on behalf of Roosevelt Regional Landfill under my supervision and at my instruction, and that the information provided is true, accurate, and complete. I am aware that there are significant penalties for submitting false information in response to this Information Request, including the possibility of fine and imprisonment.
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