Document xzR4BDV0Q3JJXRqbyJQm2pyOm

UNITED STATES ENVIRONMENTAL PROTECTION REGION 6 DALLAS, TX FIL ED AGENCY201 3s;-? 2U f. ' I . I.~. (,. u I 14 (... : I I I, "~ tJ' ~ r. ull v, : v1 [" r! 'L ...._''I\ IN THE MATIER OF: Administrative Compliance Order on Consent PRIME COATINGS INC. USEPA Docket No. RCRA-06-2018-0950 1000 Lake Palourde Rd Amelia, Louisiana 70340 RESPONDENT Proceeding under Section 3008(a) of the Resource Conservation And Recovery Act ("RCRA") ADMINISTRATIVE COMPLIANCE ORDER ON CONSENT I. PRELIMINARY STATEMENT 1. This Administrative Compliance Order on Consent ("ACOC") is entered into by the United States Environmental Protection Agency, Region 6 ("EPA") and Respondent, prime coatings Inc., ("Prime Coatings Inc" or "Respondent"), and concerns the facility located at 1000 Lake Palourde Rd Amelia, Louisiana 70340 (the "Facility"). 2. Notice ofthis action has been given to the State of Louisiana, under Section 3008(a)(2) of RCRA, 42 U.S.C. 1 6928(a)(2) 1 On Januory 24. 1985, the state of Louisiana received linalauthorization for its base Hazardous Waste Management Program (50 FR 3348). Subsequent revisions have been made to the Louisiana Hazardous Waste Program and authorized by the EPA. Except as otherwise provided, all citations found within this CAFO nre to the "EPA-Approved Louisiana Statutory and Regulator}' Requirements Applicable to the Hazardous Waste Management Proynrn~ dated November 2015, incorporated by reference under 40 C.F.R. 272. 9SI(c)( I)(i) effective on December 20, 2016. 81 Fed. Reg. 72730 (October 21, 20 16): 40 C.F.R. 272. 9S I: Louisiana State-Administered Program: Final AuthoriZlltion. References and citations to the "EPA-Approved Louisiana Statutory and Regulatory Requirements Applicable to the Hazardous Waste Management Program" may vary slightly from the State of Louisiana's published version. RCRA-06-20 18-0950 PRIME COATINGS INC. 3. For 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 ACOC. This ACOC states a claim upon which relief may be granted. 4. The Respondent explicitly waives any right to contest the allegations and its right to appeal the proposed final order contained in this ACOC, and waives all defenses which have been raised or could have been raised to the claims set forth in the ACOC. 5. Respondent consents to the issuance of the ACOC hereinafter recited and consents to the specific stated Compliance Order, Section VI, of this ACOC. II. JURISDICTION 6. This ACOC is issued by the EPA pursuant to Section 3008(a) of the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C. 6928, as amended by the Hazardous and Solid Waste Amendments of 1984 ("HSWA"), and is simultaneously commenced and concluded through the issuance of this ACOC under40 C.F.R. 22.13(b) and 22.18(b)(2) and (3). 7. Respondent agrees to undertake and complete all actions required by the terms and conditions of this ACOC. In any action by the EPA or the United States to enforce the terms of this ACOC, Respondent agrees not to contest the authority or jurisdiction of the EPA to issue or enforce this ACOC, and agrees not to contest the validity of this ACOC or its terms or conditions. III. STATEMENT OF PURPOSE 8. This ACOC provides for the resolution of EPA Region 6's investigation of Respondent's Facility. 2 RCRA-06-20 18-0950 PRIME COATINGS INC. 9. In entering into this ACOC, the mutual objectives of EPA, Region 6 and Respondent are to remedy, and/or prevent the potential endangerment to human health and/or the environment from activities involving solid waste and hazardous waste, and to ensure that the injunctive relief that Respondent will complete as described the Section VI, Compliance Order, is protective of human health and/or the environment. IV. STATUTORY AND REGULATORY BACKGROUND I0. Federal regulation of hazardous waste is primarily based on RCRA, enacted on October 21, 1976 to amend the Solid Waste Disposal Act, and the Hazardous and Solid Waste Amendments ("HSWA") enacted by Congress in 1984 to further amend the Solid Waste Disposal Act. RCRA establishes a "cradle-to-grave" program to be administered by the Administrator of EPA and authorized states for regulating the generation, transportation, treatment, storage, and disposal of hazardous waste. See 42 U.S.C. 6901 et seq. II. RCRA's Subchapter III (RCRA 3001-3023,42 U.S.C. 6921-6940, known as "Subtitle C") required EPA to promulgate regulations establishing performance standards applicable to facilities that generate, transport, treat, store, or dispose of hazardous wastes. Together, RCRA Subtitle C and its implementing regulations, set forth at 40 C.F.R. Parts 260-279, comprise EPA's RCRA hazardous waste program. 12. Pursuant to its authority under RCRA, EPA has promulgated regulations at 40 C.F.R. Parts 260 through 272 applicable to generators, transporters, and treatment, storage, and disposal facilities. These regulations generally prohibit treatment, storage, and disposal of hazardous waste without a permit or equivalent "interim status." They prohibit land disposal of certain hazardous wastes, and provide detailed requirements governing the activities of those who 3 RCRA-06-20 18-0950 PRIME COATINGS INC. generate hazardous waste and those who are lawfully permitted to store, treat, and dispose of hazardous waste. 13. Pursuant to 40 C.F.R. 261.2, a "solid waste" is any discarded material that is not otherwise excluded under 40 C.F.R. 261.4(a), or that is not excluded by variance. A discarded material is any material which is abandoned, recycled, inherently waste-like, or a military munitions. Materials are solid waste, as defined in 40 C.F.R. 261.2, if they are abandoned by being disposed of, burned or incinerated, or accumulated, stored, or treated (but not recycled) before, or in lieu of, being abandoned by being disposed of, burned, or incinerated. 14. A solid waste is a hazardous waste if it is not excluded from regulation as a hazardous waste under 40 C.F.R. 261.4(b), and it exhibits any of the characteristics of hazardous waste identified in 40 C.F.R. Part 261, Subpart Cor it is listed in C.F.R. Part 261, Subpart D. 15. Characteristic hazardous wastes are assigned "D" codes in 40 C.F.R. Part 261, Subpart C, depending on the specific hazardous characteristic that the waste exhibits. 16. An ignitable hazardous waste has a flash point of Jess than 60 degrees centigrade ( 140 degrees Fahrenheit) and is assigned the DOO I hazardous waste code pursuant to 40 C.F.R. 261.21. 17. A corrosive hazardous waste has a pH ofless than or equal to 2.0 or greater than or equal to 12.5 and is assigned the 0002 hazardous waste code pursuant to 40 C.F.R. 261.22, and a reactive hazardous waste is assigned the 0003 hazardous waste code pursuant to 40 C.F.R. 261.23. 18. Listed waste is assigned with "F", "K", "P", and "U" codes in 40 C.F.R. Part 261, Subpart D, depending on the specific waste generated from a non-specific source, a specific source, or 4 RCRA-06-20I8-0950 PRIME COATINGS INC. discarded commercial chemical products, off-specification species, container residues and spill residues therefrom. I9. 40 C.F.R. Parts 264 and/or 265 applies to owners and operators of facilities that treat, store and/or dispose of hazardous waste. 20. The relevant RCRA statutory and regulatory requirements to this ACOC require that generators of solid waste and hazardous waste must, among other things: A. Determine whether their generated solid wastes are hazardous, pursuant to 40 C.F.R. 262.1I; B. Comply with the statutory notification requirements of Section 30I0 of RCRA, 42 U.S.C. 6930; C. Comply with the manifest requirements, pursuant to 40 C.F.R. 262.20; and D. Determine its generator status by meeting the exemption conditions set forth at 40 C.F.R. 262.34 or comply with the specific requirements set forth at 40 C.F.R. 270.I 0. V. FINDINGS OF FACT AND CONCLUSIONS OF LAW 2I. Respondent is an authorized corporation in the State of Louisiana, authorized on February 3, I992, and is located at I000 Lake Paiourde Rd Amelia, Louisiana 70340. 22. Respondent is a "person" within the meaning of Section I004( I 5) of RCRA, 42 U.S.C. 6903(I 5); and Title 33 of the Louisiana Administrative Code ("LAC") LAC 33: V. I09, [40 C.F.R. 260.10]. 5 RCRA-06-20 18-0950 PRIME COATINGS INC. 23. Respondent's Registered Agent for service in the State of Louisiana is Randal G Andras, who is located at 1000 Lake Palourde Rd Amelia, Louisiana 70340. 24. Prime Coatings Inc owns and operates a facility whose primary operations at the facility include abrasive blasting, coating applications, fabrication and welding. 25. During the period of April to June 2018, EPA conducted a RCRA investigation and record review ("Investigation") of Prime Coatings Inc's performance as a generator of hazardous waste. 26. During the Investigation, EPA discovered that Prime Coatings Inc, at a minimum, generated the following waste: A. D007 (Chromium), D008 (Lead) B. F003, F005(Solvents) 27. The waste streams identified in Paragraph 26 are hazardous waste as defined in LAC 33: V.490l.B. & F, and 4903.E, [40 C.F.R. 261.21 and 261.22]. 28. The exemptions set forth at LAC 33: V.I08.C, [40 C.F.R. 261.5(c)], are not applicable to Prime Coatings Inc. 29. From the Investigation, EPA determined that during 2015 Prime Coatings Inc generated one or more of the hazardous waste streams identified in Paragraph 26 in quantities that exceeded the threshold amount of I00 kilograms of hazardous waste per month, which qualified Prime Coatings Inc. for the small quantity generator ("SQG") status established under LAC 33: V II 09, [40 C.F.R. Part 262], for the periods that such wastes remained onsite. 6 RCRA-06-20 18-0950 PRIME COATINGS INC. 30. Prime Coatings Inc is a "generator" of "hazardous wastes" at the "facility" identified in Paragraph I of this ACOC as those terms are defined in Sections 1004(5) & (6) ofRCRA, 42 U.S.C. 6903(5) & (6), and LAC 33: V.I09, (40 C.F.R. 260 and 261]. 31. As a generator of hazardous waste, Prime Coatings Inc is subject to Sections 3002 and 30I0 ofRCRA, 42 U.S.C. 6922 and 6930, and the regulations set forth at Title 33 of LAC Part V, Chapters I through 51, [40 C.F.R. Parts 262 and/or 270]. Claim i. Notification Requirements 32. The allegations in Paragraphs 1-31 are realleged and incorporated ?erein by reference. 33. Pursuant to Section 3010(a) ofRCRA, 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 handled by such person. No identified characteristic or listed hazardous waste subject to this subchapter may be transported, treated, stored, or disposed of unless notification has been given as required by Section 3010(a) ofRCRA, 42 U.S.C. 6930(a). 34. Prime Coatings Inc did not file with the Administrator an initial or subsequent notification to accurately state the general description of its hazardous waste activities and its generation and management of hazardous waste during 2015, in violation of Section 3010(a) ofRCRA, 42 U.S.C. 6930(a). 35. At all times relevant to this ACOC, Respondent failed to comply with its notification requirements in violation of Section 3010(a) ofRCRA, 42 U.S.C. 6930(a). 7