Document yvyVoQEMn99egRegj1QMmyRV

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 4 ATLANTA FEDERAL CENTER 61 FORSYTH STREET ATLANTA, GEORGIA 30303-8960 ELECTRONIC MAIL CONFIRMATION OF RECEIPT EMAIL REQUESTED Bradley Buehler General Manager Purac America d/b/a Corbion 5150 North Royal Atlanta Drive Tucker, Georgia 30084 SUBJ: Opportunity to Show Cause Resource Conservation Recovery Act (RCRA) Compliance Evaluation Inspection (CEI) Corbion, EPA ID: GAR000076398 Dear Bradley Buehler: On March 14, 2023, the U.S. Environmental Protection Agency, along with the Georgia Environmental Protection Division (GAEPD), conducted a RCRA CEI at Corbion located in Tucker, Georgia to determine the facility's compliance status with RCRA and applicable regulations. This RCRA CEI was an EPA-lead inspection. The EPA has determined that the facility may not be in compliance with several requirements of the Georgia Hazardous Waste Management Act, Ga. Code Ann. 12-8-60 et seq. [Subtitle C of RCRA, 42 U.S.C. 6921 to 6939(g)], and the regulations promulgated pursuant thereto, found at Georgia Hazardous Waste Management Rules, Ga. Comp. R. and Regs. 391-3-11.01 to 391-3-11.18 [Title 40 of the Code of Federal Regulations (C.F.R.) Parts 260 through 279] based on potential violations observed during the CEI. The observations made during the inspection are summarized in the attached RCRA CEI Report. Please provide a detailed written response within fourteen (14) days following receipt of this letter describing any actions that Corbion has taken and/or intends to take related to the observations and potential violations documented in the RCRA CEI Report. Your response should be mailed and emailed to: Brooke York york.brooke@epa.gov U.S. Environmental Protection Agency, Region 4 RCRA Enforcement Section Chemical Safety and Land Enforcement Branch Enforcement and Compliance Assurance Division Internet Address (URL) http://www.epa.gov Information currently available to the EPA suggests that Corbion may be in violation of, or have committed violations of, RCRA. By this letter, the EPA is extending to you an opportunity to advise the Agency, via a conference call, of any further information the EPA should consider with respect to the potential violations. Corbion may elect to be represented by legal counsel at this meeting and should be prepared to present relevant information and documentation pertaining to the EPA's observed potential violations. The EPA may determine that a formal enforcement action is appropriate and may assess civil penalties pursuant to Section 3008(a) of RCRA, 42 U.S.C. 6928(a). Therefore, Corbion has the opportunity to present factors and documentation that could mitigate any penalties that may be assessed against the facility, including information on Corbion ability to pay a penalty. Prior to the meeting, Corbion may review the following documents: RCRA Civil Penalty Policy found at: https://www.epa.gov/sites/default/files/202005/documents/june2003rcracivilpenaltypolicyamended050620.pdf Amendments to EPA's Civil Penalty Policies to Account for Inflation: https://www.epa.gov/system/files/documents/202201/2022amendmentstopenaltypoliciesforinflation_0.pdf, and Inflation Adjustments found at: https://www.govinfo.gov/content/pkg/FR-2022-0112/pdf/2022-00349.pdf Please be advised that any information provided by Corbion at the meeting may be used by the EPA in any civil or criminal proceedings related to this or other matters. Any false, fictitious, or fraudulent material omissions, statements or representations may subject Corbion to criminal penalties under Section 3008(d)(3) of RCRA, 42 U.S.C. 6928(d)(3). If Corbion chooses to accept this offer to meet with the EPA, the facility should contact Brooke York within fourteen (14) days following receipt of this letter to schedule a conference call. Brooke York can be reached at (404) 562-8025 or by email at york.brooke@epa.gov. If you decide not to accept this offer to meet to discuss the observed potential violations, the EPA may proceed with enforcement action against Corbion as authorized under Section 3008(a) of RCRA, 42 U.S.C. 6928(a), including the assessment of appropriate civil penalties and injunctive relief. If Corbion is a Small Business or a Small Community, you can find compliance and enforcement resources specifically designed to meet your needs at: http://www2.epa.gov/enforcement/smallbusinesses-and-enforcement. In that webpage you can find information about the Small Business Regulatory Enforcement Fairness Act (SBREFA) that accords some rights to small businesses and is aimed at providing assistance to small businesses and other small entities, making tools available for better understanding of the regulatory and enforcement processes, and seeing that there is no unfair treatment relating to the regulatory enforcement process. Please feel free to contact Brooke York if you have any technical questions regarding the observations and findings from the inspection performed at Corbion's facility. Sincerely, Digitally signed by KIMBERLY KIMBERLY BINGHAM BINGHAM Date: 2023.05.10 15:16:09 -04'00' Kimberly L. Bingham Chief Chemical Safety and Land Enforcement Branch Enclosure cc: Chuck Mueller, GA EPD (Chuck.Mueller@dnr.ga.gov) Holly Nelson, GA EPD (holly.nelson1@dnr.ga.gov) Andrew Matuza, GA EPD (andrew.matuza@dnr.ga.gov) Christian Touchet, GA EPD (christian.touchet@dnr.gov) Mark Anthony Relon, EPA (relon.markanthony@epa.gov) 3