EPA v. C CON METALS USA, INC.

Case summary

9/21/20 - CAFO ISSUED: On July 2, 2019, the EPA and NCDEQ conducted a compliance evaluation inspection (CEI) at Respondent' s Facility. At the time of the CEI, Respondent had determined that spent battery acid generated at the Facility exhibits the hazardous waste characteristic of corrosivity and is identified with the EPA Hazardous Waste Number D002, because it has a pH of less than 2.Respondent provided analytical results to demonstrate that the used PPE generated at the Facility exhibits the hazardous waste characteristic of toxicity for lead and is identified with the EPA Hazardous Waste Number 0008, because it has a TCLP concentration of 15 mg/L lead. Respondent provided analytical results to demonstrate that certain plastics generated at the Facility have a TCLP concentration of 0.77 mg/L lead. However, the Respondent did not provide a description of the sampling methods to demonstrate the validity and relevance of the analytical test results in order to support a hazardous waste determination. Specifically, the report did not clarify if the sample contained polypropylene plastic or acrylonitrile butadiene styrene (ABS) plastic, nor did it describe the sampling methods. At the time of the CEI, Respondent provided analytical results to demonstrate that battery acid generated at the Facility has a TCLP concentration of 0.7 mg/L lead, and that treated water has a TCLP concentration of 2.0 mg/L lead. However, the Respondent did not provide a description of the sampling methods to demonstrate the validity and relevance of the analytical test results in order to support a hazardous waste determination . Specifically, it was not clear at what points in the process the samples were taken. At the time of the CEI, Respondent did not provide a determination as to whether shredded battery materials, floor sweepings, used absorbent materials, used micron filter bags, battery sludge, or lead oxide material generated at the Facility are hazardous wastes. At the time of the CEI, the inspectors observed that the Respondent had failed to mark a SAA storage trash can of hazardous waste PPE in the reception area with the words Hazardous Waste or with an indication of the hazards of the PPE.At the time of the CEI, the inspectors observed that the shrink wrapping on full cubic yard boxes containing hazardous waste did not cover the entire box, which left the boxes open as the contents, such as shredded batteries, floor sweepings, PPE, absorbent material, micron filter bags, battery sludge, neutralization pit solids and sludge, bag filters, lead plates and lead oxide, were accessible through a hole in the top of the shrink wrap. At the time of the CEI, Respondent was not conducting weekly inspections of hazardous waste container storage areas. At the time of the CEI, the inspectors observed that the Respondent had failed to mark cubic yard boxes containing hazardous waste with the words Hazardous Waste, with an indication of the hazards, or with accumulation start dates. The boxes contained materials such as shredded batteries, floor sweepings, PPE, absorbent material, micron filter bags, battery sludge, neutralization pit solids and sludge, bag filters, lead plates and lead oxide. Respondent's contingency plan was maintained at Plant A, and a copy of the plan was not maintained at the Facility. At the time of the CEI, the inspectors observed that employee training did not include hazardous waste management topics. Respondent failed to provide records to document that hazardous waste training or job experience had been given to, and completed by, Facility personnel.

Defendants (1)

• C Con METALS USA, INC.Named in complaintNamed in settlement

Facilities (1)

• C CON METALS USA, INC., PLANT B

  121 FALLS AVENUE, GRANITE FALLS, NC, 28630-1633

  Registry ID: 110009717789

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)

• C CON METALS USA, INC.entered 2020-09-21

  Primary law: RCRA

  Federal penalty: $62,300

Timeline (4 milestones)

• 2020-09-21Final Order Issued
• 2020-09-21Complaint Filed/Proposed Order
• 2020-09-22Enforcement Action Data Entered
• 2020-11-09Enforcement Action Closed