EPA v. ENERSYS DELAWARE, INC.

Case summary

9/19/17 - CONSENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $4,500, DUE WITHIN 30 DAYS. ALLEGATIONS: ON AUG 25, 2016, EPA AND KY DEPT OF ENVIRONMENTAL PROTECTION CONDUCTED A COMPLIANCE EVALUATION INSPECTION (CEI) AT RESPONDENT'S FACILITY. DURING THE CEI, EPA AND KYDEP OBSERVED: - INADEQUATE AISLE SPACE IN THE HAZ WASTE STORAGE AREA. THE PALLETS WERE ALIGNED IN A MANNER THAT LIMITED THE AISLE SPACE IN THE STORAGE AREA. THEREFORE, EPA ALLEGES RESPONDENT VIOLATED KRS 224.46-502(1) (2006) (RCRA 3005) BY STORING HAZ WASTE W/OUT A PERMIT OR INTERIM STATUS, BECAUSE RESPONDENT FAILED TO MEET A CONDITION OF THE LQG PERMIT BY NOT COMPLYING WITH THE AISLE SPACE REQUIREMENTS. - TWO 55-GAL CONTAINERS OF HAZ WASTE THAT WERE MARKED WITH THE ACCUMULATION START DATES OF MAY 5, 2016, AND MAY 23, 2016, RESPECTIVELY. THESE CONTAINERS OF HAZ WASTE HAD BEEN ACCUMULATED APPROX 2 DAYS AND 21 DAYS OVER THE 90-DAY STORAGE LIMIT. EPA ALLEGES RESPONDENT VIOLATED KRS 224.46-520(1) (2006) (RCRA 3005) BY STORING HAZARDOUS WASTE IN EXCESS OF 90 DAYS W/OUT A PERMIT OR INTERIM STATUS, IN VIOLATION OF 401 K.A.R. 32:030 SECTION 5(2) (2006) (40 CFR 262.34(b)). - TWO FIBERBOARD BOXES THAT CONTAINED UNIVERSAL WASTE LAMPS THAT WERE CLOSED, BUT HAD A HOLE OR GAP IN THEM. EPA ALLEGES THAT RESPONDENT VIOLATED K.A.R. 43:030 SECTION 4(4) (2006) (40 CFR 273.33(d)) BY FAILING TO MANAGE SPENT UNIVERSAL WASTE LAMPS IN A WAY THAT PREVENTS RELEASES OF ANY UNIVERSAL WASTE OR COMPONENT OF A UNIVERSAL WASTE TO THE ENVIRONMENT. - HAZARDOUS WASTE PAINT FROM THE PUNCTURING OF AEROSOL CONTAINERS ON THE FLOOR, ON THE SIDES OF A 55-GAL CONTAINER OF HAZARDOUS WASTE, AND ON THE PALLET BELOW THE 55-GAL CONTAINER. EPA ALLEGES RESPONDENT VIOLATED KRS 224.46-520(1) (2006) (RCRA 3005) BY STORING HAZARDOUS WASTE W/OUT A PERMIT OR INTERIM STATUS, BECAUSE RESPONDENT FAILED TO MEET A CONDITION OF THE LQG PERMIT EXEMPTION SET FORTH IN 401 K.A.R. 32:030 SECTION 5(1) (2006) (40 CFR 262.34(a)(4)) BY NOT COMPLYING WITH THE MAINTENANCE AND OPERATION REQUIREMENTS OF K.A.R. 35:030 SECTION 6 (2006) (40 CFR 265.31)). DURING THE CEI, EPA AND KYDEP REVIEWED THE FACILITY'S CONTINGENCY PLAN AND OBSERVED THAT THE CONTINGENCY PLAN DID NOT CONTAIN A CURRENT EMERGENCY COORDINATOR CONTACT LIST. EPA ALLEGES RESPONDENT VIOLATED KRS 224.46-520(1) (2006) (RCRA 3005) BY STORING HAZ WASTE W/OUT A PERMIT OR INTERIM STATUS, BECAUSE RESPONDENT FAILED TO MEET A CONDITION OF THE LQG PERMIT EXEMPTION SET FORTH IN 401 K.A.R. 32:030 SECTION 5(1) (2006) (40 CFR 262.34(a)(4)) BY NOT COMPLYING WITH THE CONTINGENCY PLAN AMENDMENT REQUIREMENTS OF 401 K.A.R. 35:040 SECTION 5 (40 CFR 265.54).

Defendants (1)

• ENERSYS DELAWARE, INC.Named in complaintNamed in settlement

Facilities (2)

• ENERSYS DELAWARE INC

  761 EASTERN BYP, RICHMOND, KY, 40475-2586

  Registry ID: 110000379279

• ENERSYS DELAWARE INC

  761 EASTERN BYP, RICHMOND, KY, 40475-2586

  Registry ID: 110000379279

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)

• ENERSYS DELAWARE, INC.entered 2017-09-19

  Primary law: RCRA

  Federal penalty: $4,500

Timeline (4 milestones)

• 2017-09-19Final Order Issued
• 2017-09-19Complaint Filed/Proposed Order
• 2017-09-26Enforcement Action Data Entered
• 2017-09-28Enforcement Action Closed