Document ypr1XvEdDLmoydnG82OJjZrn2

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 2 CARIBBEAN ENVIRONMENTAL PROTECTION DIVISION CITY VIEW PLAZA II BUILDING, 7TH FLOOR ROUTE 165 GUAYNABO, PUERTO RICO 00968 SENT VIA EMAIL September 29, 2023 Mr. Antonio Roldn Southeastern Freight Lines - Guaynabo ZONA LIBRE 61 BUILDING #7 Guaynabo, Puerto Rico Email: tony.roldan@sefl.com RE: RCRA 3007 - REQUEST FOR INFORMATION Southeastern Freight Lines - Guaynabo EPA ID: PRN008031056 CEPD-RCRA-23-3007-0000-013 Dear Mr. Roldn: The U.S. Environmental Protection Agency (EPA) is charged with the protection of human health and the environment under Section 3008 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act (RCRA) of 1976 and the Hazardous and Solid Waste Amendments (HWSA) of 1984, 42 U.S.C. 6901, 6928. This request for information is made pursuant to the provisions of 3007 of RCRA, 42 U.S.C. 6927, which requires that you provide the information requested in Enclosure I to this letter using the instructions and definitions included in Enclosure II. This information is required to evaluate the full regulatory and compliance status of the facility. The information requested in Enclosure I must be submitted no later than thirty (30) calendar days from receipt of this letter. Requests for additional time to provide the information requested in Enclosure I must be justified and must be made in writing within ten (10) calendar days of receipt of this letter. The response must be signed by a responsible official or agent of your facility, using the form in Enclosure III to this letter. Failure to respond to this letter truthfully and accurately within the time provided may subject you to sanctions authorized by federal law, including but not limited to a potential enforcement action pursuant to Section 3008 of RCRA, 42 U.S.C. 6928, including the assessment of a monetary penalty. Please also note that all information you provide may be used in an administrative, civil judicial or criminal action. This information is not subject to the requirements of the Paperwork Reduction Act as amended, 44 U.S.C. 3501 et seq. You may, if you desire, assert a business confidentiality claim covering all or part of the information herein requested. This claim may be asserted by placing on (or attaching to) the information at the time Internet Address (URL) http://www.epa.gov RCRA 3007 REQUEST FOR INFORMATION Southeastern Freight Lines - Guaynabo (PRN008031056) CEPD-RCRA-23-3007-0000-013 it is submitted, a cover sheet, stamped or typed legend, or other suitable form of notice employing language such as "trade secret", "proprietary", or "company confidential". The claim should set forth the information requested in 40 C.F.R. 2.204(e)(4). Information covered by such a claim will be disclosed by EPA only to the extent permitted by, and by means of procedures set forth in 40 C.F.R. Part 2. EPA will review the information to determine the extent of confidentiality of the information, and may, at its discretion challenge the confidentiality claim pursuant the procedures set forth at 40 C.F.R. Part 2. If no such claim accompanies the information when it is received by EPA, it may be available to the public by EPA without further notice you. The responses to the information request in Enclosure I must be provided by email or mailed to the following address: Rosana Caballer Cruz, Enforcement Officer Response and Remediation Branch U.S. Environmental Protection Agency - Region 2 Caribbean Environmental Protection Division City View Plaza II, Suite 7000 #48 PR-165 Km 1.2 Guaynabo, Puerto Rico 00968 Email: caballer.rosana@epa.gov If you have any questions regarding this matter, please contact Rosana Caballer-Cruz, from my staff, at 787-977-5880 or via e-mail at caballer.rosana@epa.gov. Sincerely, CARMEN Digitally signed by CARMEN GUERRERO PEREZ GUERRERO PEREZ Date: 2023.09.29 14:04:28 -04'00' Carmen R. Guerrero Prez Director Caribbean Environmental Protection Division Enclosures: cc: Ms. Lorna Rodrguez, RCRA Enforcement Section Chief Puerto Rico Dept. Natural & Environmental Resources CEPD-RCRA-23-0435 RCRA 3007 REQUEST FOR INFORMATION Southeastern Freight Lines - Guaynabo (PRN008031056) CEPD-RCRA-23-3007-0000-013 bcc: Ms. Teresita Rodrguez, CEPD-RRB BRANCH CHIEF Ms. Rosana Caballer Cruz, CEPD-RRB ENFORCEMENT OFFICER RCRA Enforcement Files CEPD-RCRA-23-0435 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 2 CARIBBEAN ENVIRONMENTAL PROTECTION DIVISION CITY VIEW PLAZA II BUILDING, 7TH FLOOR ROUTE 165 GUAYNABO, PUERTO RICO 00968 ENCLOSURE I - RCRA 3007 Request for Information Southeastern Freight Lines - Guaynabo EPA ID No. PRN008031056 On or about June 28, 2023, a duly authorized representative of EPA conducted a RCRA Hazardous Waste Compliance Evaluation Inspection of the Southeastern Freight Lines - Guaynabo (SEFL) at ZONA LIBRE 61 BUILDING #7 - GUAYNABO, PUERTO RICO, pursuant to Section 3007 of RCRA, 42 U.S.C. 6927. Based on the information obtained during both inspections, EPA determined that the following information is required to determine the compliance status of Southeastern Freight Lines - Guaynabo. 1. General Information a. Provide the full legal name of Southeastern Freight Lines - Guaynabo. If the company has used any other names, please provide them. b. Provide the management structure of the company (President/Owner, Partners, General Manager, etc.). If the company is a subsidiary, indicate the parent company. c. Provide the type of company (corporation, partnership, etc.), employer identification number, Department of State certificate number, DUNS number, and business licenses, if any. d. Besides the EPA inspection performed on June 28, 2023, please provide information about any other inspection conducted by any other state or federal agency, since 20192023. e. Do you have any knowledge of any state or federal agency (EPA, Department of Justice, Puerto Rico Department of Natural and Environmental Resources, etc.) actions (complaints, suits, investigations, etc.) against Southeastern Freight Lines - Guaynabo? If yes, explain and elaborate your answers. f. Please certify if Southeastern Freight Lines - Guaynabo has filed for bankruptcy at any time under their current or any previous name. 2. Specific Information a. Non-notifier CEPD-RCRA-23-0435 (Southeastern Freight Lines - Guaynabo) RCRA 3007 REQUEST FOR INFORMATION Southeastern Freight Lines - Guaynabo (PRN008031056) CEPD-RCRA-23-3007-0000-013 i. Those facilities identified as Non-notifiers, such as Southeastern Freight Lines Guaynabo, are facilities that EPA has a reason to believe that is a generator of hazardous waste, based on EPA's review of eManifests(s). As generators of hazardous waste, Southeastern Freight Lines - Guaynabo, are subject to Sections 3002 and 3010 of RCRA, 42 U.S.C. 6922 and 6930, and the regulations set forth at 40 C.F.R. Parts 262 and/or 270, or the authorized State equivalent. ii. As a potential Non-notifier facility, a Notice of Potential Violations and Opportunity to Confer ("NOVPOP") Letter was sent to the facility on May 13, 2021, which includes information related to one (1) manifest. Additionally, the facility was identified and included to be inspected as soon as the COVID-19 Pandemic health situation allowed us to physically visit it. Likewise, as part of the inspection activities, this Letter was also provided electronically on June 28, 2023. iii. The Notice of Potential Violations and Opportunity to Confer ("NOVPOP") Letter sent to the facility on May 13, 2021, and June 28, 2023, respectively, includes an attachment with information related to the following manifest: Manifest number Date Waste codes Quantity (kg) 011923961FLE 1/17/2019 D002, U134 1,723.7 Nevertheless, a response prior to the inspection date and, at the time of the inspection, information about either this manifest and/or any activity related was not available from the facility representative. iv. Although at the time of the inspection the facility documentation and the information shared by the facility representatives established that the facility is not generating hazardous waste, information of the manifest included as part of the Notice of Potential Violations and Opportunity to Confer ("NOVPOP") Letter was not available. Please provide information related to, including but not limited to the hazardous waste generated and reported in the table presented above, storing, handling, and disposal activities of such waste manifested, among others. b. Waste Generation i. Please describe and provide information related to how Southeastern Freight Lines - Guaynabo properly evaluated their hazardous waste generation at the facility, if applicable. If not, please provide information that substant that the facility is not generating hazardous waste. ii. Please describe and provide information related to how Southeastern Freight Lines - Guaynabo properly store, handle, and dispose of their hazardous waste generated at the facility, if applicable. If not, please provide information that substant that the facility is not storing, handling, and disposing hazardous waste. CEPD-RCRA-23-0435 (Southeastern Freight Lines - Guaynabo) RCRA 3007 REQUEST FOR INFORMATION Southeastern Freight Lines - Guaynabo (PRN008031056) CEPD-RCRA-23-3007-0000-013 ENCLOSURE II - Instructions and Definitions In responding to this Request for Information, apply the following instructions and definitions: 1. The signatory should be an officer or agent who is authorized to respond on behalf of the company or facility. The signatory must complete and return the attached Certification of Answers to Responses (ENCLOSURE III). 2. A complete response must be made to each individual question in this Request for Information. Identify each answer with the number of the question to which it is addressed. 3. In preparing your response to each question, consult with all present and former employees and agents of the company or facility who you have reason to believe may be familiar with the matter to which the question pertains. 4. In answering each question, identify all contributing sources of information. 5. If you are unable to answer a question in a detailed and complete manner or if you are unable to provide any of the information or documents requested, indicate the reason for your inability to do so. If you have reason to believe that there is an individual who may be able to provide more detail or documentation in response to any question, state that person's name and last known address and phone number and the reasons for your belief. 6. If you cannot provide a precise answer to any violation, please approximate and state the reason for your inability to be specific. 7. For each document produced in response to this Request for Information, indicate on the document or in some other reasonable manner, the number of the question to which it applies. 8. If anything is deleted from a document produced in response to this Request for Information, state the reason for and the subject matter of the deletion. 9. If a document is requested but is not available, state the reason for its unavailability. In addition, identify any such document by author, date, subject matter, number of pages, and all recipients and their addresses. 10. The company and/or facility for the purpose of this Request for Information is Southeastern Freight Lines - Guaynabo at ZONA LIBRE 61 BUILDING #7 - GUAYNABO, PUERTO RICO. 11. A generator of hazardous waste for the purposes of this Request for Information shall be defined as any person (which includes this facility), by site, whose act or process produces hazardous waste or whose act first causes a hazardous waste to become subject to regulation. 12. Solid waste shall be defined for the purposes of this Request for Information as that term is defined in Section 1004(27) of RCRA, as amended, 42 U.S.C. Part 6903(27). CEPD-RCRA-23-0435 (Southeastern Freight Lines - Guaynabo) RCRA 3007 REQUEST FOR INFORMATION Southeastern Freight Lines - Guaynabo (PRN008031056) CEPD-RCRA-23-3007-0000-013 13. Hazardous waste shall be defined for the purposes of this Request for Information as that term is defined in Section 1004(5) of RCRA, as amended, 42 U.S.C. Part 6903(5). 14. Manage shall be defined for the purposes of this Request for Information as to market, generate, treat, store, dispose, or otherwise handle. 15. Used oil shall be defined for the purposes of this Request for Information as any oil that has been refined from crude oil, or any synthetic oil, that has been used and as a result of such use is contaminated by physical or chemical impurities. CEPD-RCRA-23-0435 (Southeastern Freight Lines - Guaynabo) RCRA 3007 REQUEST FOR INFORMATION Southeastern Freight Lines - Guaynabo (PRN008031056) CEPD-RCRA-23-3007-0000-013 ENCLOSURE III - Certification of Answers to Responses I certify, under penalty of law, that I have personally examined and am familiar with the information submitted in this document (response to EPA Request for Information CEPD-RCRA-23-3007-0000013) and all documents submitted herewith, that the submitted information is true, accurate, and complete, and that all documents submitted herewith are complete and authentic unless otherwise indicated. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment. Name (Print or Type) Title (Print or Type) Signature Date (Print or Type) Southeastern Freight Lines - Guaynabo EPA ID: PRN008031056 CEPD-RCRA-23-0435 (Southeastern Freight Lines - Guaynabo)