EPA v. ASCEND PERFORMANCE MATERIALS, LLC

Case summary

09/29/17 - CONSENT AGMT ISSUED. ALLEGATIONS: ON OCT 18-19, 2016, EPA AND ADEM CONDUCTED A CEI . DURING THE CEI, EPA AND ADEM INSPECTORS OBSERVED THE HAZ WASTE STORAGE AREA INSPECTION RECORDS WERE MISSING INSPECTIONS, THE LAST TWO WEEKS OF DEC 2014 AND THE FIRST AND THIRD WEEKS OF JUL 2016. EPA ALLEGES RESPONDENT VIOLATED SECTION 22-30-12(b) OF THE AHWMMA, ALA. CODE 22-30-12(b) (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 ADAM ADMIN CODE r. 335-14-3-.03(5)(a)1.(I) (40 CFR 262.34(a)(1)(I), BY NOT COMPLYING WITH THE INSPECTION REQUIREMENTS OF ADEM ADMIN. CODE r. 335-14-6-.09(5) (40 CFR 265.174). DURING THE CEI, INSPECTORS OBSERVED: THE FOLLOWING CONTAINERS OF HAZ WASTE THAT WERE NOT LABELED WITH THE EPA HAZ WASTE NUMBER: A. AREA 402 LESS THAN 90-DAY HAZ WASTE STORAGE AREA - 2 ROLL OFFS CONTAINING NSQ NALMET WET SOLIDS, 27 55-GAL DRUMS OF EDGE STRIPS AG6844, A 55-GAL DRUM OF AEROSOL CANS AND A 55-GAL DRUM OF DIESEL FUEL WITH WATER; AND B. NO. 2 WAREHOUSE - A GAYLORD BOX OF DAMAGED LEAD BATTERIES. EPA ALLEGES THAT RESPONDENT VIOLATED ADEM ADMIN CODE r. 335-14-3-.03(5)(a)3, WHICH REQUIRED A GENERATOR TO LABEL OR CLEARLY MARK EACH CONTAINER AND TANK ACCUMULATING HAZ WASTE ONSITE WITH THE WORDS: HAZARDOUS WASTE AND THE EPA HAZ WASTE NUMBER. INSPECTORS REVIEWED THE TRAINING RECORDS FOR FACILITY PERSONNEL THAT HANDLE HAZ WASTE AND FOUND THAT EMPLOYEES DID NOT RECEIVE ANNUAL HAZ WASTE MGMT TRAINING, AND THE WRITTEN JOB DESCRIPTIONS DID NOT INCLUDE THE DRUMS OF FACILITY PERSONNEL ASSIGNED TO EACH POSITION, SUCH AS HAZ WASTE HANDLING GENERATION OR MANAGEMENT. EPA ALLEGES RESPONDENT VIOLATED SECTION 22-30-12(b) OF THE AHWMMA, ALA. CODE 22-30-12(b) (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 ADEM ADMIN CODE r. 335-14-3-.03(5)(a)4 (40 CFR 262.34(a)(4), BY NOT COMPLYING WITH THE PERSONNEL TRAINING REQUIREMENTS OF ADEM ADMIN CODE r. 335-14-6-.02(7) (40 CFR 265.16(a)(1), (b), (c), AND (d). 12 CONTAINERS OF HAZ WASTE IN THE CHEMISTRY LAB THAT WERE NOT KEPT CLOSED. THESE CONTAINERS OF HAZ WASTE INCLUDE 55-GAL DRUM IN THE EXTRACTION FEED RECOERY AREA AND 11 USED SHARPS CONTAINERS. EPA ALLEGES RESPONDENT VIOLATED SECTION 22-30-12(b) OF THE AHWMMA, ALA. CODE 22-30-12(b) (RCRA 3005) BY STORING HAZARDOUS WASTE W/OUT A PERMIT OR INTERIM STATUS, BECAUSE RESPONDENT FAILED TO MEET A CONDITION OF THE SAA PERMIT EXEMPTION SET FORTH IN ADEM ADMIN CODE r. 335-14-3.03(5)(c)1.(I) (40 CFR 262.34(c)(1)(I), BY NOT COMPLYING WITH THE CONTAINER MGMT REQUIREMENTS OF ADEM ADMIN CODE r. 335-14-609(4)(a) (40 CFR 265.173(a). THE FOLLOWING CONTAINERS OF HAZ WASTE THAT WERE NOT LABELED WITH THE WORDS HAZ WASTE : A. EXTRACTION FEED RECOVERY FILTERS SATELLITE ACCUMULATION AREA - A 55-GAL DRUM; B. CHEMISTRY LAB - THE EXTRACTION WASTE FUNNEL VACUUM SYSTEM INSIDE THE FUME HOOD; AND C. CHEMISTRY LAB - 11 USED SHARPS CONTAINERS RANGING IN SIZE FROM 3.3 QUARTERS TO 6.9 QUARTS. EPA THEREFORE RESPONDENT SEC 22-30-12(b) OF THE AHWMMA, ALA. CODE 22-30-12(b) (RCRA 3005) BY STORING HAZ WASTE W/OUT A PERMIT OR INTERIM STATUS, BECAUSE RESPONDENT FAILED TO MEET A CONDITION OF THE SAA PERMIT EXEMPTION BY NOT COMPLYING WITH THE LABELING REQUIREMENTS OF ADEM ADMIN CODE r. 335-14-3-.03(5)(c)1.(ii) (40 CFR 262.34(c)(1)(ii). THAT THE NO. 2 WAREHOUSE HAD A PALLET WITH SPENT LEAD ACID BATTERIES THAT WAS NOT DATED. EPA ALLEGES RESPONDENT VIOLATED ADEM ADMIN CODE r. 335-14-11-.03(6)(a) AND (c) (40 CFR 273.15(a) AND (c) BY FAILING TO DEMONSTRATE THE LENGTH OF TIME THAT THE FACILITY'S UNIV WASTE HAD BEEN ACCUMULATED FROM THE DATE THE UNIV WASTE BECAME A WASTE OR WAS RECEIVED. IN THE CENTRAL MAINTENANCE SHOP THE PARTS WASHER SKIMMER WAS NOT LABELED USED OIL .

Defendants (1)

• ASCEND PERFORMANCE MATERIALS LLCNamed in complaintNamed in settlement

Facilities (8)

• ASCEND (DECATUR PLANT)

  1050 CHEMSTRAND AVENUE, DECATUR, AL, 35601

  Registry ID: 110007235269

• ASCEND (DECATUR PLANT)

  1050 CHEMSTRAND AVENUE, DECATUR, AL, 35601

  Registry ID: 110007235269

• ASCEND (DECATUR PLANT)

  1050 CHEMSTRAND AVENUE, DECATUR, AL, 35601

  Registry ID: 110007235269

• ASCEND (DECATUR PLANT)

  1050 CHEMSTRAND AVENUE, DECATUR, AL, 35601

  Registry ID: 110007235269

• ASCEND (DECATUR PLANT)

  1050 CHEMSTRAND AVENUE, DECATUR, AL, 35601

  Registry ID: 110007235269

• ASCEND (DECATUR PLANT)

  1050 CHEMSTRAND AVENUE, DECATUR, AL, 35601

  Registry ID: 110007235269

• ASCEND (DECATUR PLANT)

  1050 CHEMSTRAND AVENUE, DECATUR, AL, 35601

  Registry ID: 110007235269

• ASCEND (DECATUR PLANT)

  1050 CHEMSTRAND AVENUE, DECATUR, AL, 35601

  Registry ID: 110007235269

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)

• ASCEND PERFORMANCE MATERIALS, LLCentered 2017-09-29

  Primary law: RCRA

  Federal penalty: $25,000

Timeline (4 milestones)

• 2017-09-29Complaint Filed/Proposed Order
• 2017-09-29Final Order Issued
• 2017-09-30Enforcement Action Data Entered
• 2017-10-26Enforcement Action Closed