EPA v. COVALENCE ADHESIVES, LLC

Case summary

12/21/2010 - CONSENT AGMT ISSUED, ASSESSING A PENALTY OF $90,309, DUE WITHIN 30 DAYS. ALLEGATIONS: ON AUG 11, 2009, EPA AND KDEP CONDUCTED A RCRA COMPLIANCE EVALUATION INSPECTION (CEI) OF RESPONDENT'S FACILITY. AT THE TIME OF INSPECTION, RESPONDENT MANAGED THE SPENT LIQUID SOLVENT ADHESIVE WASTE GENERATED ON-SITE IN A TANK SYSTEM. RESPONDENT'S TANK SYSTEM CONSISTED OF: A. ONE OUTSIDE 12,000 GALLON ABOVE-GROUND HAZ WASTE STORAGE TANK; B. ONE INSIDE STAINLESS STEEL 1,200 GALLON IN-GROUND SUMP; C. PIPING TO TRANSFER THE SPENT LIQUID SOLVENT ADHESIVE WASTE TO THE 1,200 GALLON SUMP; AND D. PIPING TO TRANSFER THE SPENT LIQUID SOLVENT ADHESIVE WASTE FROM THE 1,200 GALLON SUMP TO THE OUTSIDE 12,000 GALLON HAZ WASTE STORAGE TANK. RESPONDENT'S PIPING INCLUDES PIPES, PUMPS, VALVES, COMPRESSORS, PRESSURE RELIEF DEVICES, CONNECTORS, FLANGES, AND/OR CONTROL DEVICES. AT THE TIME OF THE CEI, RESPONDENT HAD FAILED TO CONDUCT A TANK SYSTEM INTEGRITY ASSESSMENT ON THE INSIDE 1,200 GALLON IN-GROUND SUMP. EPA ALLEGES THAT RESPONDENT HAS VIOLATED RCRA SEC AND KY REV STAT ANN 224.46-012, ET SEQ FOR STORING HAZ WASTE WITHOUT A PERMIT OR INTERIM STATUS, BECAUSE RESPONDENT FAILED TO MEET THE 40 CFR 262.34(a)(1)(ii) CONDITION OF THE 40 CFR 262.34(a) PERMIT EXEMPTION BY NOT COMPLYING WITH 40 CFR 265.195(b) AND 401 KY ADMIN REG 35:190 SEC 6. RESPONDENT FAILED TO COMPLY WITH THE 40 CFR PART 265 SUBPART BB AIR EMISSION STANDARDS FOR EQUIPMENT LEAKS OR, IN THE ALTERNATIVE, CORRECTLY PROVIDE DOCUMENTATION AT THE TIME OF THE CEI TO DEMONSTRATE THAT THE EQUIPMENT IN CONTACT WITH THE SPENT LIQUID SOLVENT ADHESIVE WASTE WAS IN SUCH CONTACT FOR LESS THAN 300 HOURS PER YR. EPA ALLEGES RESPONDENT HAS VIOLATED RCRA SEC 3005 FOR STORING HAZ WASTE WITHOUT A PERMIT OR INTERIM STATUS, BECAUSE RESPONDENT FAILED TO MEET THE 40 CFR 262.34(a)(1)(ii) CONDITION OF THE 40 CFR 262.34(a) PERMIT EXEMPTION BY NOT COMPLYING WITH 40 CFR 265.1050(b), OR IN THE ALTERNATIVE, 40 CFR 265.1050(e). RESPONDENT FAILED TO DETERMINE WHETHER TANK LEVEL 1 OR TANK LEVEL 2 CONTROL WERE APPLICABLE TO THE INSIDE 1,200 GALLON IN-GROUND SUMP. EPA ALLEGES RESPONDENT VIOLATED RCRA 3005 FOR STORING HAZ WASTE WITHOUT A PERMIT OR INTERIM STATUS, BECAUSE RESPONDENT FAILED TO MEET THE 40 CFR 262.34(a)(1)(ii) CONDITION OF THE 40 CFR 262.34(a) PERMIT EXEMPTION BY NOT COMPLYING WITH 40 CFR 265.1085(b). RESPONDENT HAD FAILED TO LABEL HAZ WASTE CONTAINERS WITH THE WORDS, HAZARDOUS WASTE. EPA ALLEGES RESPONDENT VIOLATED RCRA SEC 3005 AND KY REV STAT ANN 224.46-012 ET SEQ FOR STORING HAZ WASTE WITHOUT A PERMIT OR INTERIM STATUS, BECAUSE RESPONDENT FAILED TO MEET THE 40 CFR 262.34(a)(3) AND 401 KY ADMIN REG 32:030 SEC 5 CONDITION OF THE 40 CFR 262.34(a) PERMIT EXEMPTION. RESPONDENT HAD FAILED TO CLOSE HAZ WASTE SATELLITE ACCUMULATION CONTAINERS. EPA ALLEGES RESPONDENT VIOLATED RCRA SEC 3005 AND KY REV STAT ANN 224.46-012 ET SEQ FOR STORING HAZ WASTE WITHOUT A PERMIT OR INTERIM STATUS, BECAUSE RESPONDENT FAILED TO MEET THE 40 CFR 262.34(c)(1)(i) AND 401 KY ADMIN REG 32:030 SEC 5 CONDITION OF THE 40 CFR 262.34(a) PERMIT EXEMPTION BY NOT COMPLYING WITH 40 CFR 265.173(a) AND 401 KY ADMIN REG 35:180 SEC 4. RESPONDENT HAD FAILED TO LABEL HAZ WASTE SATELLITE ACCUMULATION CONTAINERS WITH THE WORDS HAZARDOUS WASTE OR WITH OTHER WORDS THAT IDENTIFIED THE CONTENTS OF THE CONTAINERS. EPA ALLEGES RESPONDENT VIOLATED RCRA 3005 AND KY REV STAT ANN 224.46-012 ET SEQ FOR STORING HAZ WASTE WITHOUT A PERMIT OR INTERIM STATUS, BECAUSE RESPONDENT FAILED TO MEET THE 40 CFR 262.34(c)(1)(ii) AND 401 KY ADMIN REG 32:030 SEC 5 CONDITION OF THE 40 CFR 262.34(a) PERMIT EXEMPTION. RESPONDENT FAILED TO CLOSE CONTAINERS OF UNIVERSAL WASTE LAMPS. EPA ALLEGES RESPONDENT VIOLATED 40 CFR 273.13(d)(1) AND 40 KY ADMIN REG 43.020 SEC 4. RESPONDENT FAILED TO LABEL CONTAINERS OF UNIVERSAL WASTE LAMPS-IN VIOLATION OF 40 CFR 273.14(e) AND KY ADMIN REG 43:020 SEC 5.

Defendants (1)

• COVALENCE ADHESIVES, LLCNamed in complaintNamed in settlement

Facilities (6)

• COVALENCE ADHESIVES

  2320 BOWLING GREEN ROAD, FRANKLIN, KY, 42134-9611

  Registry ID: 110000380436

• COVALENCE ADHESIVES

  2320 BOWLING GREEN ROAD, FRANKLIN, KY, 42134-9611

  Registry ID: 110000380436

• COVALENCE ADHESIVES

  2320 BOWLING GREEN ROAD, FRANKLIN, KY, 42134-9611

  Registry ID: 110000380436

• COVALENCE ADHESIVES

  2320 BOWLING GREEN ROAD, FRANKLIN, KY, 42134-9611

  Registry ID: 110000380436

• COVALENCE ADHESIVES

  2320 BOWLING GREEN ROAD, FRANKLIN, KY, 42134-9611

  Registry ID: 110000380436

• COVALENCE ADHESIVES

  2320 BOWLING GREEN ROAD, FRANKLIN, KY, 42134-9611

  Registry ID: 110000380436

Statutes cited

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

Enforcement conclusions (1)

• COVALENCE ADHESIVES, LLCentered 2010-12-21

  Primary law: RCRA

  Federal penalty: $90,309

Timeline (4 milestones)

• 2010-12-21Complaint Filed/Proposed Order
• 2010-12-21Final Order Issued
• 2011-01-14Enforcement Action Data Entered
• 2011-01-26Enforcement Action Closed