EPA v. PPG ARCHITECTURAL FINISHES, INC.

Case summary

2/12/19 - CONSENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $14,500, DUE WITHIN 30 DAYS. ALLEGATIONS: ON APR 11, 2018, EPA AND GA EPD CONDUCTED A COMPLIANCE EVALUATION INSPECTION AT RESPONDENT'S FACILITY. DURING THE INSPECTION, THE INSPECTORS OBSERVED A HAZ WASTE CONTAINER ON A PALLET THAT WAS IN POOR CONDITION CAUSING ONE CONTAINER TO BE LEANING TO ONE SIDE. EPA ALLEGES RESPONDENT VIOLATED SECTION 12-8-66 OF THE GHWMA, GA. CODE ANN 12-8-66 (RCRA 3005) BY STORING HAZ WASTE W/OUT A PERMIT OR INTERIM STATUS, BECAUSE RESPONDENT FAILED OT MEET A CONDITION OF THE LQG PERMIT EXEMPTION SET FORTH IN GA COMP R AND REGS 391-3-11-.08(1) (40 CFR 262.34(a)(4)) BY NOT COMPLYING WITH THE MAINTENANCE AND OPERATIONAL REQUIREMENTS OF GA COMP R AND REGS 391-3-11-.08(1) (40 CFR 265.31). DURING THE INSPECTION, THE INSPECTORS OBSERVED THAT THE HATCH FOR THE TANK T-164's MANWAY WAS NOT PROPERLY CLOSED, RESULTING IN A VISIBLE GAP BETWEEN THE HATCH AND THE TANK'S MANWAY. EPA ALLEGES RESPONDENT VIOLATED SECTION 12-8-66 OF THE GHWMA, GA CODE ANN 12-8-66 (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 GA COMP R AND REGS 391-3-11-.08(1) (40 CFR 262.34(a)(1)(ii)) BY NOT COMPLYING WITH THE AIR EMISSION CONTROL REQUIREEMNTS IN GA COMP R AND REGS 391-3-11-.10(1) (40 CFR 265.1085(c)(2)(iii)(A)). DURING THE FILE REVIEW PORTION OF THE CEI, INSPECTORS DETERMINED THAT RESPONDENT HAD FAILED TO PROVIDE AN ANNUAL RCRA REFRESHER TRAINING FOR THE SECURITY GUARDS THAT INSPECTED THE HAZ WASTE STORAGE TANKS DURING THE WEEKENDS. EPA ALLEGES RESPONDENT VIOLATED SECTION 12-8-66 OF THE GHWMA, GA CODE ANN 12-8-66 (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 GA COMP R AND REGS 391-3-11-.08(1) (40 CFR 262.34(a)(4)) BY NOT COMPLYING WITH THE PERSONNEL TRAINING REQUIREMENTS OF GA COMP R AND REGS 391-3-11-.10(1) (40 CFR 265.16(c)).

Defendants (1)

• PPG ARCHITECTURAL FINISHES, INC.Named in complaintNamed in settlement

Facilities (4)

• PPG INDUSTRIES INC.

  1377 OAKLIEGH DRIVE, EAST POINT, GA, 30344

  Registry ID: 110001422032

• PPG INDUSTRIES INC.

  1377 OAKLIEGH DRIVE, EAST POINT, GA, 30344

  Registry ID: 110001422032

• PPG INDUSTRIES INC.

  1377 OAKLIEGH DRIVE, EAST POINT, GA, 30344

  Registry ID: 110001422032

• PPG INDUSTRIES INC.

  1377 OAKLIEGH DRIVE, EAST POINT, GA, 30344

  Registry ID: 110001422032

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)

• PPG ARCHITECTURAL FINISHES, INC.entered 2019-02-12

  Primary law: RCRA

  Federal penalty: $14,500

Timeline (4 milestones)

• 2019-02-12Final Order Issued
• 2019-02-12Complaint Filed/Proposed Order
• 2019-03-01Enforcement Action Closed
• 2019-03-06Enforcement Action Data Entered