EPA v. MI METALS, INC.

Case summary

1.AT THE TIME OF THE JUNE 12 -13, 2013 RCRA CEI, RESPONDENT DID NOT KEEP A CONTAINER HOLDING D001 HAZARDOUS WASTE PAINT CLOSED DURING STORAGE WHEN IT WAS NOT NECESSARY TO ADD OR REMOVE WASTE, AS REQUIRED BY 25 PA. CODE 262A.10, WHICH INCORPORATES BY REFERENCE 40 C.F.R 262.34(A)(1 )(I) AND THE CONTAINER USE AND MANAGEMENT REQUIREMENTS OF 40 C.F.R. 265.173(A). 2. AT THE TIME OF THE JUNE 12- 13,2013 RCRA CEI, RESPONDENT ACCUMULATED D002 HAZARDOUS WASTE CAUSTIC CLEANING SOLUTION IN A NEW TANK SYSTEM WHICH HAD BEEN INSTALLED WITHOUT FIRST OBTAINING A WRITTEN ASSESSMENT ATTESTING THAT THE SYSTEM HAS SUFFICIENT STRUCTURAL INTEGRITY AND IS ACCEPTABLE FOR THE STORING AND TREATMENT OF HAZARDOUS WASTE. 3. AT THE TIME OF THE JUNE 12 - 13, 2013 RCRA CEI, RESPONDENT ACCUMULATED D002 HAZARDOUS WASTE CAUSTIC CLEANING SOLUTION IN A TANK THAT DID NOT HAVE SECONDARY CONTAINMENT AS REQUIRED BY 40 C.F.R. 265.193. 4.ON JUNE 12- 13, 2013, RESPONDENT ACCUMULATED D002 HAZARDOUS WASTE CAUSTIC CLEANING SOLUTION IN A NEW TANK SYSTEM WITHOUT PERFORMING INSPECTIONS EACH SUCH OPERATING DAY TO ENSURE THE TANK SYSTEM WAS BEING OPERATED ACCORDING TO ITS DESIGN AS REQUIRED BY 25 PA. CODE 262A.10, WHICH INCORPORATES BY REFERENCE 40 C.F.R. 262.34(A)(1)(II), AND THE HAZARDOUS WASTE STORAGE TANK INSPECTION REQUIREMENTS OF 40 C.F.R. 265.195(A). 5.RESPONDENT FAILED TO QUALIFY FOR THE LESS THAN 90-DAY GENERATOR ACCUMULATION EXEMPTION OF 25 PA.CODE 262A.10, WHICH INCORPORATES BY REFERENCE THE REQUIREMENTS OF 40 C.F.R. 262.34(A)(1)(I) AND (II), BY FAILING TO SATISFY THE CONDITIONS FOR SUCH EXEMPTIONS REFERRED TO IN PARAGRAPHS 25, 27, 29, 31, ABOVE, AND AS DESCRIBED IN PARAGRAPHS 26, 28, 30 AND 32, ABOVE. 6. RESPONDENT WAS REQUIRED BY 25 PA. CODE 270A.1, WHICH INCORPORATES BY REFERENCE 40 C.F.R. 270.1(B), AND SECTION 3005(A) OF RCRA, 42 U.S.C. 6925(A), TO OBTAIN A PERMIT FOR THE HAZARDOUS WASTE STORAGE ACTIVITIES DESCRIBED IN THIS COUNT. 7. RESPONDENT VIOLATED 25 PA. CODE 270A.1, WHICH INCORPORATES BY REFERENCE 40 C.F.R. 270.1(B), AND SECTION 3005(A) OF RCRA, 42 U.S.C. 6925(A), BY OPERATING A HAZARDOUS WASTE STORAGE FACILITY WITHOUT A PERMIT, INTERIM STATUS OR A VALID EXEMPTION TO THE PERMIT REQUIREMENT. 8. ON JUNE 12- 13, 2013, RESPONDENT WAS STORING D001 HAZARDOUS PAINT WASTE AT THE FACILITY IN AN OPEN CONTAINER THAT IT FAILED TO KEEP CLOSED AT A TIME WHEN IT WAS NOT NECESSARY TO ADD OR REMOVE WASTE FROM THE CONTAINER. 9. RESPONDENT VIOLATED 25 PA. CODE 264A.1, WHICH INCORPORATES BY REFERENCE 40 C.F.R. 264.173(A), BY FAILING TO KEEP A HAZARDOUS WASTE CONTAINER HOLDING HAZARDOUS WASTE SOLVENTS CLOSED AT A TIME WHEN IT WAS NOT NECESSARY TO ADD OR REMOVE WASTE. 10. ON JUNE 12- 13, 2013, RESPONDENT USED A NEW TANK SYSTEM TO STORE D002 HAZARDOUS WASTE CAUSTIC CLEANING SOLUTION WITHOUT HAVING OBTAINED A WRITTEN ASSESSMENT, REVIEWED AND CERTIFIED BY A QUALIFIED PROFESSIONAL ENGINEER IN ACCORDANCE WITH 40 C.F.R. 270.11, WHICH MET THE REQUIREMENTS OF 40 C.F.R. 264.192(A). 11. RESPONDENT VIOLATED 25 PA. CODE 264A.1 WHICH INCORPORATES BY REFERENCE 40 D.F.R. 264.192, BY FAILING TO OBTAIN A WRITTEN ASSESSMENT, REVIEWED AND CERTIFIED BY A QUALIFIED PROFESSIONAL ENGINEER IN ACCORDANCE WITH 40 C.F.R. 270.11 WHICH MET THE REQUIREMENTS OF 40 C.F.R. 264.192(A) FOR THE NEW TANK SYSTEM USED TO STORE D002 HAZARDOUS WASTE CAUSTIC CLEANING SOLUTION AT THE FACILITY. 12. ON JUNE 12-13, RESPONDENT STORED D002 HAZARDOUS WASTE CAUSTIC CLEANING SOLUTION IN A NEW TANK SYSTEM WHICH DID NOT HAVE SECONDARY CONTAINMENT. 13. RESPONDENT VIOLATED 25 PA. CODE 264A.1, WHICH INCORPORATES BY REFERENCE 40 D.F.R. 264.193 WITH EXCEPTIONS NOT RELEVANT HEREIN, BY FAILING TO HAVE SECONDARY CONTAINMENT MEETING THE REQUIREMENTS OF 40 C.F.R. 264.193 FOR A NEW TANK SYSTEM USED TO STORE D002 HAZARDOUS WASTE CAUSTIC CLEANING SOLUTION AT THE FACILITY.

Defendants (1)

• MI METALS, INC.Named in complaintNamed in settlement

Facilities (1)

• MI METALS INC

  1517 ROUTE 202, MILLERSBURG, PA, 17061

  Registry ID: 110064840962

Statutes cited

• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste

Enforcement conclusions (1)

• MI METALS, INC.entered 2015-09-22

  Primary law: RCRA

  Federal penalty: $56,816

Timeline (3 milestones)

• 2015-09-22Complaint Filed/Proposed Order
• 2015-09-22Final Order Issued
• 2015-09-30Enforcement Action Data Entered