EPA v. ROLL COATER, INC.

Case summary

8/31/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $51,000. ON DEC 2, 2008, EPA AND KYDEP CONDUCTED A JOINT RCRA COMPLIANCE EVALUATION INSPECTION (CEI) AT THE FACILITY. AT THE TIME OF THE CEI: EPA AND KYDEP REPS OBSERVED THAT RESPONDENT DID NOT HAVE AN AIR EMISSION MONITORING PROGRAM FOR THE HAZ WASTE TANK SYSTEM, AS REQUIRED IN 40 CFR PART 265, SUBPART BB. SPECIFICALLY, RESPONDENT FAILED TO: A. MARK EACH PIECE OF EQUIPMENT TO WHICH SUBPART BB APPLIES IN SUCH A MANNER THAT IT CAN BE DISTINGUISHED READILY FROM OTHER PIECES OF EQUIPMENT; B. KEEP A FACILITY OPERATING RECORD THAT INCLUDES: (i) EQUIPMENT ID # AND HAZ WASTE MGMT UNIT ID; (ii) APPROX LOCATIONS WITHIN FACILITY; (iii) PERCENT-BY-WEIGHT TOTAL ORGANICS; (v) HAZ WASTE STATE AT THE EQUIPMENT; AND (vi) METHOD OF COMPLIANCE WITH THE STANDARD; C. PERFORM MONTHLY LEAK DETECTION MONITORING AND WEEKLY VISUAL INSPECTION OF THE PUMPS; AND D. PERFORM MONTHLY LEAK DETECTION MONITORING OF VALVES. PURSUANT TO RESPONDENT'S AIR QUALITY TITLE V PERMIT ISSUED BY KY DIV FOR AIR QUALITY (KDAQ) ON JAN 29, 2008, FACILITY WAS COLLECTING AND DESTROYING A PORTION OF THE VOC EMISSIONS FROM THE PRIME COATING AREAS #1 AND #2 AND THE 5,000 GAL SPENT SOLVENT ACCUMULATION TANK IN THE PAINT STORAGE BLDG WHEN COATING WAS OCCURRING. THIS PROCESS INVOLVING CAPTURING VAPORS FROM FACILITY'S PERMANENT TOTAL ENCLOSURE SYSTEM AND DIRECTING IT TO A THERMAL OXIDIZER. RESOPNDENT USES THE THERMAL OXIDIZER TO ENABLE FACILITY TO MEET ITS HAZ AIR POLLUTANT EMISSIONS LIMIT. RESPONDENT HAD NOT MARKED EQUIPMENT ASSOCIATED WITH TANK SYSTEM IN A MANNER THAT IT COULD BE DISTINGUISHED READILY FROM OTHER PIECES OF EQUIPMENT, AS SPECIFIED IN 40 CFR 265.1050(c). COMPLAINANT ALLEGES THAT RESPONDENT WAS IN VIOLATION OF 40 CFR 265.1050(c) FOR FAILING TO MARK EACH PIECE OF EQUIPMENT TO WHICH 40 CFR PART 265, SUBPART BB APPLIES IN SUCH A MANNER THAT IT COULD BE DISTINGUISHED READILY FROM OTHER PIECES OF EQUIPMENT. RESPONDENT WAS NOT CONDUCTING REQUIRED MONTHLY MONITORING OF ALL PUMPS AND VALVES IN LIGHT LIQUID SERVICE TO DETECT LEAKS, SPECIFIED IN 40 CFR 265.1052(a)(1) AND 265.1057(a)(1), USING METHODS AND PROCEDURES IDENTIFIED IN 40 CFR 265.1063(b). COMPLAINANT ALLEGES RESPONDENT WAS IN VIOLATION OF 40 CFR 265.1052(a)(1) AND 265.1057(a)(1) FOR FAILING TO CONDUCT MONTHLY MONITORING OF ALL PUMPS AND VALVES IN LIGHT LIQUID SERVICE TO DETECT LEAKS. RESPONDENT WAS NOT RECORDING INFO REQUIRED IN 40 CFR 265.1064(b) FOR EACH PIECE OF EQUIPMENT TO WHICH 40 CFR PART 265, SUBPART BB APPLIES. COMPLAINANT ALLEGES RESPONDENT WAS IN VIOLATION OF 40 CFR 265.1064(b) FOR FAILING TO RECORD THE REQUIRED INFO FOR EACH PIECE OF EQUIPMENT TO WHICH 40 CFR PART 265, SUBPART BB APPLIES. COMPLAINANT ALLEGES RESPONDENT FAILED TO SATISFY THE REQUIREMENTS NECESSARY FOR A GENERATOR TO ACCUMULATE HAZ WASTE ON-SITE FOR 90 DAYS OR LESS W/OUT A PERMIT OR INTERIM STATUS PURSUANT TO 40 CFR 262.34(a). THEREFORE COMPLAINANT ALLEGES THAT RESPONDENT WAS STORING HAZ WASTE W/OUT A PERMIT IN VIOLATION OF RCRA 3005(a). RESPONDENT WAS STORING HAZ WASTES IN TWO 55-GAL CONTAINERS IN THE SATELLITE ACCUMULATION AREAS (SAAs) LOCATED IN COATING AREAS 1 AND 2. BOTH DRUMS WERE OPEN BUT WERE IMMEDIATELY CLOSED BY FACILITY PERSONNEL DURING CEI. COMPLAINANT ALLEGES RESPONDENT VIOLATED 40 CFR 265.173(a) FOR FAILING TO KEEP CONTAINERS OF HAZ WASTES IN THE SAAs CLOSED EXCEPT WHEN IT WAS NECESSARY TO ADD OR REMOVE WASTE. AS A RESULT, RESPONDENT FAILED TO MEET A CONDITION FOR EXEMPTION FROM THE RCRA 3005 REQUIREMENT TO HAVE A PERMIT OR INTERIM STATUS. THEREFORE, COMPLAINANT ALLEGES THAT RESPONDENT WAS STORING HAZ WASTE W/OUT A PERMIT IN VIOLATION OF RCRA 3005. SEE SENSITIVE COMMENTS FOR ADDITIONAL INFO.

Defendants (1)

• ROLL COATER, INC.Named in complaintNamed in settlement

Facilities (4)

• PRECOAT METALS

  2604 RIVER ROAD, HAWESVILLE, KY, 42348-6806

  Registry ID: 110000380935

• PRECOAT METALS

  2604 RIVER ROAD, HAWESVILLE, KY, 42348-6806

  Registry ID: 110000380935

• PRECOAT METALS

  2604 RIVER ROAD, HAWESVILLE, KY, 42348-6806

  Registry ID: 110000380935

• PRECOAT METALS

  2604 RIVER ROAD, HAWESVILLE, KY, 42348-6806

  Registry ID: 110000380935

Statutes cited

• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste

Enforcement conclusions (1)

• ROLL COATER, INC.entered 2010-08-31

  Primary law: RCRA

  Federal penalty: $51,000

Timeline (4 milestones)

• 2010-08-31Final Order Issued
• 2010-08-31Complaint Filed/Proposed Order
• 2010-09-01Enforcement Action Data Entered
• 2010-09-30Enforcement Action Closed