EPA v. TENNESSEE TECHNICAL COATINGS

Case summary

7/27/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $9,000 DUE WITHIN 30 DAYS. ALLEGATIONS: ON FEB 3, 2009, EPA AND TDEC CONDUCTED A RCRA COMPLIANCE EVALUATION INSPECTION (CEI) OF RESPONDENT'S FACILITY. RESPONDENT WAS STORING HAZ WASTE IN 4 CONTAINERS THAT WERE INCORRECTLY LABELED DUE TO HUMAN ERROR WITH THE BEGINNING DATE OF ACCUMULATION. EPA THEREFORE ALLEGES THAT RESPONDENT HAS VIOLATED RCRA 3005 AND TENN CODE ANN 68-212-105(4) FOR STORING HAZ WASTE WITHOUT A PERMIT OR INTERIM STATUS, BECAUSE RESPONDENT FAILED TO MEET THE 40 CFR 262.34(a)(2) AND TENN CODE R. & REGS 1200-1-11-.03(4)(e)2(ii) CONDITION OF THE 40 CFR 262.34(a) PERMIT EXEMPTION. RESPONDENT WAS STORING UNIVERSAL WASTE (FLUORESCENT LIGHT BULBS) IN SIX OPEN CONTAINERS, AND WAS THEREFORE NOT MANAGING THE UNIVERSAL WASTE LAMPS IN A WAY THAT PREVENTED RELEASES TO THE ENVIRONMENT. EPA THEREFORE ALLEGES THAT RESPONDENT HAS VIOLATED 40 CFR 273.13(d)(1) AND TENN COMP R. & REGS 1200-1-11-.12(2)(d)4(i)(1). RESPONDENT DID NOT HAVE AN UPDATED CONTINGENCY PLAN AT THE FACILITY. EPA THEREFORE ALLEGES THAT RESPONDENT HAS VIOLATED RCRA 3005 AND TENN CODE ANN 68-212-105(4) FOR STORING HAZ WASTE WITHOUT A PERMIT OR INTERIM STATUS, BECAUSE RESPONDENT FAILED TO MEET THE 40 CFR 262.34(a)(4) AND TENN COMP R & REGS 1200-01-11-.03(4)(e)2(iv) CONDITION OF THE 40 CFR 262.34(a) PERMIT EXEMPTION BY NOT COMPLYING WITH 40 CFR 265.54(c) AND TENN COMP R & REGS 1200.01-11-.05(4)(e)3. RESPONDENT DID NOT HAVE DOCMENTS OR RECORDS INDICATING THE JOB TITLE OR JOB DESCRIPTIONS FOR EACH POSITION AT THE FACILITY RELATED TO HAZ WASTE MANAGEMENT. EPA THEREFORE ALLEGES THAT RESPONDENT HAS VIOLATED RCRA 3005 AND TENN CODE ANN 68-212-105(4), FOR STORING HAZ WASTE WITHOUT A PERMIT OR INTERIM STATUS, BECAUSE RESPONDENT FAILED TO MEET THE 40 CFR 262.34(a)(4) AND TENN COMP R. & REGS 1200-01-11-.03(4)(e)2(iv) CONDITION OF THE 40 CFR 262.34(a) PERMIT EXEMPTION BY NOT COMPLYING WITH 40 CFR 265.16(d) AND TENN COMP R & REGS 1200-01-11-.05(1)(g)(4). RESPONDENT WAS STORING GREATER THAN 55 GALLONS OF HAZARDOUS WASTE IN 5 CONTAINERS IN A SATELLITE ACCUMULATION AREA. EPA THEREFORE ALLEGES THAT RESPONDENT HAS VIOLATED RCRA 3005 AND TENN CODE ANN 68-212-105(4) FOR STORING HAZ WASTE WITHOUT A PERMIT OR INTERIM STATUS, BECAUSE RESPONDENT FAILED TO MEET A CONDITION FOR PERMIT EXEMPTION AT 40 CFR 262.34(c)(1) AND TENN COMP R & REGS 1200-01-11-.03(4)(e)5(i). RESPONDENT WAS STORING 5 CONTAINERS OF HAZ WASTE IN A SATELLITE ACCUMULATION AREA THAT WERE NOT LABELED WITH THE WORDS HAZARDOUS WASTE OR OTHER WORDS THAT IDENTIFIED THE CONTENTS OF THE CONTAINERS. EPA THEREFORE ALLEGES THAT RESPONDENT HAS VIOLATED RCRA 3005 AND TENN CODE ANN 68-212-105(4) FOR STORING HAZ WASTE WITHOUT A PERMIT OR INTERIM STATUS, BECAUSE RESPONDENT FAILED TO MEET A CONDITION FOR PERMIT EXEMPTION FOUND AT 40 CFR 262.34(c)(1)(ii) AND TENN COMP R & REGS 1200-01-11-.03(4)(e)5(i)(II). RESPONDENT HAD NOT LABELED UNIVERSAL WASTE LAMPS, OR THE CONTAINER OR PACKAGE IN WHICH THEY WERE STORED WITH ONE OF THE FOLLOWING PHRASES: UNIVERSAL WASTE - LAMPS WASTE LAMPS OR USED LAMPS . EPA THEREFORE ALLEGES THAT RESPONDENT HAS VIOLATED 40 CFR 273.14(e) AND TENN COMP R & REGS 1200-01-11-.12(2)(e)5. RESPONDENT HAD BEEN STORING UNIVERSAL WASTE LAMPS FOR GREATER THAN 1 YR WITHOUT MEETING THE REQUIREMENTS SET FORTH IN 40 CFR 273.15(b) AND TENN COMP R & REGS 1200-01-11-.12(2)(f)2. EPA THEREFORE ALLEGES THAT RESPONDENT HAS VIOLATED 273.15(a) AND TENN COMP R. & REGS 1200-01-11-12(2)(f)1. RESPONDENT DID NOT HAVE A CURRENT COPY OF A HAZ WASTE REDUCTION PLAN. EPA THEREFORE ALLEGES THAT RESPONDENT HAS VIOLATED TENN CODE ANN 68-212-304(a).

Defendants (1)

• TENNESSEE TECHNICAL COATINGS CORPORATION (SB)Named in complaintNamed in settlement

Facilities (2)

• TENNESSEE TECHNICAL COATINGS CORP

  1421 HIGGS ROAD, LEWISBURG, TN, 37091

  Registry ID: 110000895318

• TENNESSEE TECHNICAL COATINGS CORPORATION

  1421 HIGGS RD, LEWISBURG, TN, 37091

  Registry ID: 110000895318

Statutes cited

• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste
• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste

Enforcement conclusions (1)

• TENNESSEE TECHNICAL COATINGSentered 2010-07-27

  Primary law: RCRA

  Federal penalty: $9,000

Timeline (4 milestones)

• 2010-07-27Final Order Issued
• 2010-07-27Complaint Filed/Proposed Order
• 2010-08-17Enforcement Action Data Entered
• 2010-08-30Enforcement Action Closed