EPA v. MOOG, INC.

Case summary

8/11/2020 -CONSENT AGREEMENT AND FINAL ORDER ISSUED. ASSESSING A TOTAL PENALTY OF $35,500. RESPONDENT SHALL MAKE PAYMENT WITHIN 30 DAYS. ALLEGED VIOLATIONS: RESPONDENT FAILED TO STORE SAA CONTAINERS NEAR THE POINT OF GENERATION AND UNDER THE CONTROL OF THE OPERATOR. THE EPA THEREFORE ALLEGES RESPONDENT VIOLATED SECTION 403.722 OF THE FLORIDA STATUTES, FLA. STAT. 403.722 [SECTION 3005 OF RCRA, 42 U.S.C. SECTION 6925] BY STORING HAZARDOUS WASTE WITHOUT A PERMIT OR INTERIM STATUS, BECAUSE RESPONDENT FAILED TO KEEP ITS CONTAINER OF NON-ACUTE HAZARDOUS WASTE AT OR NEAR THE POINT OF GENERATION AND UNDER THE CONTROL OF THE OPERATOR OF THE PROCESS GENERATING THE WASTE IN ACCORDANCE WITH FLA. ADMIN. CODE ANN. R. 62-730.160( I) [40 C.F.R. SECTION 262. L 5(A)], WHICH IS A CONDITION OF THE SAA PERMIT EXEMPTION. RESPONDENT FAILED TO CLOSE SAA CONTAINERS. RESPONDENT FAILED TO KEEP ITS CONTAINERS OF HAZARDOUS WASTE CLOSED AT ALL TIMES DURING ACCUMULATION IN ACCORDANCE WITH FLA. ADMIN. CODE ANN. R. 62-730.160(1) [40 CFR SECTION 262.15(A)(4)]. RESPONDENT FAILED TO LABEL SAA CONTAINERS. RESPONDENT STORED A HAZARDOUS WASTE CONTAINER IN HWSA#2 FOR GREAT THAN 90 DAYS WITH A PERMIT OR INTERIM STATUS. 67. RESPONDENT STORED A HAZARDOUS WASTE CONTAINER IN HWSA#2 FOR GREATER THAN 90 DAYS WITHOUT A PERMIT OR INTERIM STATUS. RESPONDENT FAILED TO MEET A CONDITION OF THE LQG PERMIT EXEMPTION BY NOT COMPLYING WITH THE STORAGE TIME LIMITS IN VIOLATION OF FLA. ADMIN. CODE ANN. R. 62-730.160(-L) [40 C.F.R. ? 262.17)]. RESPONDENT DID NOT CONDUCT WEEKLY INSPECTIONS FOR HWSA #1, #2, AND #3 DURING 2019. RESPONDENT FAILED TO MINIMIZE THE POSSIBILITY OF A RELEASE OF HAZARDOUS WASTE ON A 30-GALLON HAZARDOUS WASTE CONTAINER. RESPONDENT FAILED TO MEET A CONDITION OF THE LQG PERMIT EXEMPTION SET FORTH IN FLA. ADMIN. CODE ANN. R. 62-730.160(1) [40 C.F.R. ? 262. L 7(A)(6)], BY NOT HAVING PORTABLE FIRE EXTINGUISHERS, FIRE CONTROL EQUIPMENT (INCLUDING SPECIAL EXTINGUISHING EQUIPMENT, SUCH AS THAT USING FOAM, INERT GAS, OR DRY CHEMICALS), SPILL CONTROL EQUIPMENT, AND DECONTAMINATION EQUIPMENT AS REQUIRED BY FLA. ADRNIN. CODE ANN. R. 62-730.160(1) [40 C.F.R. ? 262.252(C)]. RESPONDENT DID NOT KEEP ENOUGH AISLE SPACE AND/OR UNOBSTRUCTED AREAS IN HWSA #2. RESPONDENT DID NOT UPDATE ITS EPP TO REFLECT CHANGES TO THE EMERGENCY COORDINATOR OR EMERGENCY EQUIPMENT. RESPONDENT FAILED TO TRAIN EMERGENCY COORDINATORS AND OPERATORS MANAGING HAZARDOUS WASTE CONTAINERS AND NEW HIRES, AS WELL AS MAINTAIN TRAINING RECORDS. RESPONDENT FAILED TO LABEL OR MARK A CONTAINER OF UNIVERSAL WASTE LAMPS. THE EPA THEREFORE ALLEGES THAT RESPONDENT VIOLATED FLA. ADMIN. CODE ANN. R. 62-730.185(1) [40 C.F.R. SECTION 273.14(E)], BY NOT LABELING OR MARKING EACH LAMP OR CONTAINER OF LAMPS CLEARLY WITH ONE OF THE FOLLOWING PHRASES: ?UNIVERSAL WASTE-LAMP(S),OR WASTE LAMP(S), OR USED LAMPS.

Defendants (1)

• MOOG, INC.Named in complaintNamed in settlement

Facilities (2)

• MOOG INC

  1400 RAIL HEAD BLVD, NAPLES, FL, 341108421

  Registry ID: 110038900231

• MOOG INC

  1400 RAIL HEAD BLVD, NAPLES, FL, 341108421

  Registry ID: 110038900231

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)

• MOOG, INC.entered 2020-08-11

  Primary law: RCRA

  Federal penalty: $35,500

Timeline (4 milestones)

• 2020-08-11Final Order Issued
• 2020-08-11Complaint Filed/Proposed Order
• 2020-08-13Enforcement Action Data Entered
• 2020-08-27Enforcement Action Closed