EPA v. STABILIT AMERICA, INC.

Case summary

4/15/2020 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $64,000 DUE WITHIN 30 DAYS. ALLEGATIONS: Respondent failed to conduct a hazardous waste determination on the solid waste generated in the secondary containment pan located in the 90-day hazardous waste container storage area. The EPA therefore alleges Respondent violated Tenn. Comp. R. & Regs. 0400-12-01-.03(1)(b) [40 C.F.R. 262.11]. Respondent failed to close two containers of D001 hazardous waste in the hazardous waste container storage area. The EPA therefore alleges Respondent violated Tenn. Code Ann. ? 68- 212-108 [Section 3005 of RCRA, 42 U.S.C. ? 6925] by storing hazardous waste without a permit or interim status, because Respondent failed to meet a condition of the LQG Permit Exemption by not complying with the closed container requirements of Tenn. Comp. R. & Regs. 0400- l 2-0 l-.05(9)(d)(l) [40 C.F.R. 265.173(a)]. Respondent failed to conduct an inspection of the 90-day hazardous waste container storage area for the week of December 25, 2017, failed to conduct any inspections of the hazardous waste containers in the Mix Room area, and failed to document the time of the inspection on records from March 2018 until March 2019. The EPA therefore alleges Respondent violated Tenn. Code Ann.? 68-212-108 [Section 3005 of RCRA, 42 U.S.C. ? 6925] by storing hazardous waste without a permit or interim status, because Respondent failed to meet a condition of the LQG Permit Exemption by failing to conduct and document inspections as required by Tenn. Comp. R. & Regs. 0400-12-0l-.05(9)(e) [40 C.F.R. ? 265.174] and Tenn. Comp. R. & Regs. 0400-12- 0 l-.05(2)(t)4. [40 C.F.R. 265.15(d)]. Respondent failed to comply with container level 3 Subpart CC requirements, which included the initial or annual Procedure T verification, for the Hot Box, and did not certify that the Hot Box was equipped with and operating air emission controls in accordance with the Clean Air Act. The EPA therefore alleges Respondent violated Tenn. Code Ann. ?68-212-108 [Section 3005 of RCRA, 42 U.S.C. ?6925] by storing hazardous waste without a permit or interim status, because Respondent failed to meet a condition of the LQG Permit Exemption by failing to comply with Tenn. Comp. R. & Regs. 0400-l2-01-.05(29)(a) [40 C.F.R. 265.1080]. Respondent's waste analysis plan failed to include all information necessary to treat the 0001 hazardous waste generated at the Facility. The EPA therefore alleges Respondent violated Tenn. Code Ann. 68-212-108 [Section 3005 of RCRA, 42 U.S.C. ? 6925] by storing hazardous waste without a permit or interim status, because Respondent failed to meet a condition of the LQG Permit Exemption by failing to include necessary information in the waste analysis plan as required by Tenn. Comp. R. & Regs. 0400-12-01-.l0(l)(g)(l)(v)(I) [40 C.F.R. ? 268.7(a)(5)(i)]. Respondent exceeded the 90-day storage condition by storing waste on site for 101 days without a permit. The EPA therefore alleges Respondent violated Tenn. Code Ann.? 68-212-108 [Section 3005 of RCRA, 42 U.S.C. ? 6925] by storing hazardous waste without a permit or interim status, because Respondent failed to meet a condition of the LQG Permit Exemption by storing hazardous waste for longer than 90 days as prohibited by Tenn. Comp. R. & Regs. 0400- 12-0 l-.03(4)(e)3 [40 C.F.R. 262.34(b) (2016)]. Respondent failed to maintain a signed copy of manifest number 009412213 FLE. The EPA therefore alleges Respondent violated Tenn. Comp. R. & Regs. 0400-l2-0l-.03(5)(a)l. [40 C.F.R. 262.40(a)]. Respondent failed to label a container storing used oil with the words Used Oil . The EPA therefore alleges Respondent violated Tenn. Comp. R. & Regs. 0400-12-0l-.l 1(3)(c)3.(i) [40 C.F.R. 279.22(c)(l)].

Defendants (2)

• Stabilit America, Inc.Named in complaint
• STABILIT AMERICA, INC.Named in complaintNamed in settlement

Facilities (1)

• STABILIT AMERICA INC

  425 INDUSTRIAL DRIVE, MOSCOW, TN, 38057-3468

  Registry ID: 110012706134

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)

• STABILIT AMERICA, INC.entered 2020-04-15

  Primary law: RCRA

  Federal penalty: $64,000

Timeline (4 milestones)

• 2020-04-15Complaint Filed/Proposed Order
• 2020-04-15Final Order Issued
• 2020-05-21Enforcement Action Closed
• 2020-06-17Enforcement Action Data Entered