EPA v. AMERICAN ESOTERIC LABORATORIES

Case summary

9/5/12-CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $31,435. ALLEGATIONS: ON JUL 16, 2013, EPA AND TDEC DIV OF SOLID AND HAZ WASTE MGMT CONDUCTED A COMPLIANCE EVALUATION INSPECTION (CEI)AT THE FACILITY. DURING THE CEI, EPA OBSERVED: -FACILITY WAS GENERATING WASTE CHEMICALS FROM LAB PROCESSES INCLUDING WASTE ISOPROPYL AND METHYL ALCOHOLS (D001 HAZ WASTES AND WASTE XYLENE (F003). RESPONDENT WAS GENERATING WASTE XYLENE IN ITS CYTOLOGY DEPT AND WAS MANAGING THIS WASTE AS A D001 AND AS AN F003 HAZ WASTE. RESPONDENT HAD PREVIOUSLY BEEN MANIFESTING THIS WASTE FOR OFF-SITE DISPOSAL AT A RCRA-PERMITTED TREATMENT, STORAGE, AND DISPOSAL FACILITY. -(i) THAT THE OPERATION OF TISSUE PROCESSING MACHINES IN RESPONDENT'S CYTOLOGY LAB INVOLVED THE USE OF VARYING CONCENTRATIONS OF ISOPROPYL ALCOHOL; (ii) A 1-GAL CONTAINER OF METHYL ALCOHOL INTENDED FOR REUSE WAS LOCATED BENEATH THE SINK IN THE HISTOLOGY LAB; AND (iii) CHEMICALS USED TO PERFORM TISSUE TESTS, CALLED GRAM STAINS, WERE LOCATED IN THE MICROBIOLOGY DEPT. EPA'S INSPECTOR WAS INFORMED BY FACILITY PERSONNEL THAT THESE AND OTHER CHEMICAL WASTES GENERATED BY LAB PROCESSES, EXCEPT FOR WASTE XYLENE, HAD TYPICALLY HAD DISPOSED OF DOWN THE SINK DRAIN. -RESPONDENT INFORMED EPA INSPECTOR THAT WASTES GENERATED BY RESPONDENT'S LAB PROCESSES DID NOT UNDERGO A HAZ WASTE DETERMINATION PRIOR TO DISPOSAL DOWN SINK DRAIN. EPA ALLEGES RESPONDENT VIOLATED TR 0400-12.01-.03(1)(b) (40 CFR 262.11) BY FAILINGTO MAKE HAZ WASTE DETERMINATIONS ON SOLID WASTE GENERATED AT THE FACILITY. RESPONDENT TYPICALLY CONDUCTED WASTE DETERMINATIONS ON SEVERAL WASTE STREAMS GENERATED BY FACILITY, INCLUDING 5 ISOPROPYL ALCOHOL WASTE STREAMS FROM THE CYTOLOGY DEPT; 1 METHYL ALCOHOL WASTE STREAM FROM THE MICROBIOLOGY DEPT; AND 1 ADD'L WASTE STREAM FROM THE CHEMISTRY DEPT. RESPONDENT DETERMINED THAT EACH OF THE 6 ID'd WASTE STREAMS EXHIBITED THE CHARACTERISTIC OF IGNIABILITY, SO CONSTITUTED D001 HAZ WASTES. -RESPONDENT INFORMED INSPECTOR THAT FACILITY'S PRACTICE WAS TO DILUTE ISOPROPYL AOCOHOL WASTES AND METHYL ALCOHOL WASTES IN SINK WITH TAP WATER WHEREUPON DILUTED HAZ WASTES WERE THEN DIPOSED OF VIA SINK'S DRAIN.WASTES ENTERING SINK DRAINS AT FACILITY ARE TRANSPORTED BY GRAVITY OR PUMPED TO, AND TREATED BY, CITY OF MEMPHIS'S POTW. EPA ALLEGES RESPONDENTS VIOLATED T.C.A. 68-212-108 ET SEQ (RCRA 3005) BY TREATING HAZ WASTE W/OUT A PERMIT OR HAVING INTERIM STATUS IN VIOLATION OF TR 0400-12-01-.03(1)(c)(1) (40 CFR 262.12) OR QUALIFYING FOR AN EXEMPTION TO THE PERMIT REQUIREMENT UNDER TR 0400-12-01-.07(1)(b)2. (40 CFR 270.1(c)) BY DILUTING HAZ WASTE PRIOR TO ITS TRANSPORTATION VIA THE FACILITY'S SEWER SYSTEM TO THE POTW. -RESPONDENT INFORMED INSPECTOR THAT FACILITY GENERATED APPROX 40 GALS (APPROX 264 POUNDS) OF WASTE XYLENE EACH MONTH. SUBSEQUENTLY, RESPONDENT INFORMED EPA'S INSPECTOR THAT FACILITY GENERATES APPROX 20 POUNDS OF WASTE ETHYL ALCOHOL AND 171 POUNDS OF WASTE ISOPROPYL ALCOHOL PER MONTH. ACCORDINGLY, RESPONDENT WAS GENERATING AN AGGREGATE AMOUNT OF APPROX 455 POUNDS (APPROX 207 KG) OF HAZ WASTE PER MONTH. -ALTHOUGH RESPONDENT HAD NOT YET REQUESTED OR RECEIVED AN INSTALLATION ID # FROM THE COMMISSIONER, FACILITY WAS A SMALL QUANTITY GENERATOR OF HAZ WASTE.EPA ALLEGES RESPONDENT VIOLATED T.C.A 68-212-106 (RCRA 3010) BY TREATING, STORING, DISPOSING, OR OFFERING FOR TRANSPORTATION, HAZ WASTE AS A SQG W/OUT AN INSTALLATION ID#. -RESPONDENT WAS UNABLE TO PROVIDE WEEKLY INSPECTION DOCUMENTATION, EVIDENCE OF A DESIGNATED EMERGENCY COORDINATOR, A MODIFIED CONTINGENCY PLAN, AND RECORDS OF HAZ WASTE EMPLOYEE TRAINING FOR THE PAST 3 YRS. EPA ALLEGES RESPONDENT VIOLATED T.C.A 68-212-108 (RCRA 3005) BY STORING HAZ WASTE W/OUT A PERMIT OR HAVING INTERIM STATUS BECAUSE RESPONDENT FAILED TO MEET A REQUIREMENT OF THE SQG PERMIT EXEMPTION GIVEN IN TR 0400-12-01.03(4)(e)6.(ii) (40 CFR 262.34(d)(2) BY NOT COMPLYING WITH TR 0400-12-01.05(9)(e) (40 CFR 265.174) REQUIRING GENERATOR TO INSPECT AREAS. --MORE---

Defendants (1)

• AMERICAN ESOTERIC LABORATORIESNamed in complaintNamed in settlement

Facilities (1)

• AMERICAN ESOTERIC LABORATORIES

  1701 CENTURY CENTER COVE, MEMPHIS, TN, 38134

  Registry ID: 110055648036

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)

• AMERICAN ESOTERIC LABORATORIESentered 2014-09-05

  Primary law: RCRA

  Federal penalty: $31,435

Timeline (4 milestones)

• 2014-09-05Complaint Filed/Proposed Order
• 2014-09-05Final Order Issued
• 2014-09-17Enforcement Action Closed
• 2014-09-20Enforcement Action Data Entered