EPA v. US TECHNOLOGY MEDIA, INC. (NATIONAL CASE) (LEAD)

Case summary

NOVEMBER 15, 2021 - CONSENT AGREEMENT AND FINAL ORDER ISSUED: MULTIREGIONAL CASE WITH EPA HQ, REGION 4, REGION 5 AND REGION 8. Since 2015, Respondent has been in the business of selling and leasing blast media made of combinations of plastic, acrylic, glass beads, aluminum oxide, and urea to clients under recycle contracts. The blast media is leased or purchased by the clients and used for cleaning, removing paint, and maintaining equipment surfaces. During use, blast media comes into contact with contaminants from the surfaces to which it is applied. Once used, the blast media cannot be used again for these purposes and blast media becomes spent blast media (SBM). Therefore, at all times relevant to the allegations in this CA/FO, SBM contains high levels of contaminants, particularly cadmium, chromium, and lead. SBM is a spent material pursuant 40 C.F.R. ? 261.1(c)(1). Under the terms of Buy and Recycle and Lease and Recycle? contracts, UST Media arranges for the SBM to be transported from the clients to the Georgia, Ohio, or Utah facilities. At the Utah facility, Respondent receives, stores, and then ships the SBM to either the Georgia or Ohio facilities. At the Georgia and Ohio facilities, Respondent receives, blends, stores, and either further transports the SBM between the Ohio and Georgia facilities, or sends it for recycling. EPA Region 8 and/or State of Utah representatives inspected the Utah facility on June 19 and October 23, 2018, June 26, 2019, and February 5, 2020. Region 4 and Georgia Environmental Protection Division representatives inspected the Georgia facility on September 8, 2017. Ohio Department of the Environment representatives inspected the Ohio facility on September 18, 2018 and on June 18, 2019. On May 14, 2018 and September 26, 2019, the EPA issued information request letters (?IRLs?) to Respondent pursuant to RCRA Section 3007, 42 U.S.C.? 6927, requesting information regarding its SBM management. In its response to the EPA IRLs, UST Media provided information regarding incoming and outgoing shipments to and from each of the three Facilities for the years 2015 through 2019.From UST Media?s IRL responses, EPA determined that Respondent speculatively accumulated hazardous waste company-wide at UST Media Facilities for the years 2017 and 2019 because it did not recycle at least 75% of the SBM by weight or volume of the amount of that material accumulated at the beginning of the period. In calendar year 2017, UST Media appears to have sent for recycling approximately 62% of the January 1ˢᵗ SBM inventory stored at all three Facilities, and in calendar year 2019 UST Media appears to have sent for recycling approximately 44% of the January 1ˢᵗ SBM inventory stored at all three Facilities. All SBM that was ?speculatively accumulated? in 2017 and 2019 is a RCRA ?solid waste,? and as sampling demonstrates, the SBM exhibits the characteristic of toxicity, a RCRA hazardous waste. SBM at each of Respondent?s Facilities became regulated as a hazardous waste no later than the date upon which it became speculatively accumulated (January 1, 2018 and again on January 1, 2020). The hazardous waste was stored at Respondent's Facilities. None of Respondent?s Facilities are permitted under RCRA to treat, store, or dispose of hazardous waste. Pursuant to RCRA Section 3005(a), 42 U.S.C. ? 6925(a), a permit is required for the storage of hazardous waste. SBM in storage at each of Respondent's facilities on January 1, 2018, and January 1,2020, is a characteristic hazardous waste. UST Media does not have a permit for the storage of SBM at any of its Facilities. Since at least April 1, 2018, Respondent has been in violation of RCRA Section 3005(a), 42 U.S.C. ? 6925(a), by storing hazardous waste at each of its Facilities without a permit.

Defendants (1)

• US TECHNOLOGY MEDIA, INC.Named in complaintNamed in settlement

Facilities (1)

• U.S. TECHNOLOGY

  380 ALLIED INDUSTRIAL BLVD, MACON, GA, 31206

  Registry ID: 110055491506

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)

• US TECHNOLOGY MEDIA, INC. (NATIONAL CASE) (LEAD)entered 2021-11-15

  Primary law: RCRA

  Federal penalty: $66,667

Timeline (3 milestones)

• 2021-11-15Complaint Filed/Proposed Order
• 2021-11-15Final Order Issued
• 2021-11-22Enforcement Action Data Entered