EPA v. PURAC AMERICA, INC. D/B/A CORBIAN

Case summary

SEPTEMBER 16, 2024 - CONSENT AGREEMENT On March 14, 2023, the EPA conducted a compliance evaluation inspection (CEI) at the Respondent's Facility. The EPA's findings of the CEI were documented in a Report emailed to the Respondent on May 10, 2023. EPA observed that the Respondent had failed to make an accurate hazardous waste determination for the acetone contaminated wastewater accumulating in the secondary containment area. During the CEI, the inspectors observed a pump leaking acetone into the secondary containment area and brought the need for an accurate hazardous waste determination to the attention of Facility personnel. On March 24, 2023, the Respondent shipped off the wastewater from the secondary containment area as nonhazardous waste. The Respondent did not provide a hazardous waste determination for the wastewater as generated at the time of the CEI. EPA observed an improperly sealed 55-gallon container of hazardous waste spent filters labeled as ?Hazardous Waste,? but without identifying the hazards of the container?s contents, in the SAA in the Production Room. EPA requested the records for the previous three years of weekly inspections of the hazardous waste CAA. The Respondent was only able to demonstrate it had conducted weekly inspections during November 2022 and December 2022. EPA observed that the Respondent was not applying the requirements of the RCRA Hazardous Waste Tank Standards or the Organic Air Emission Standards for managing hazardous waste to its hazardous waste tank system, which includes but is not limited to the Solvent Waste Tank, and all piping and ancillary equipment associated with the hazardous waste tanks. EPA observed that the Solvent Waste Tank was not labeled with the words ?Hazardous Waste,? with an indication of the hazards of the contents, or with the date upon which accumulation began. EPA observed a visible and active leak flowing from the pump in between the tanks, which left a trail of liquid acetone in the secondary containment area. EPA the Facility-specific contingency plan and found that the contingency plan did not: (i) describe arrangements with the local police department, fire department, other emergency response teams, emergency response contractors, equipment suppliers, local hospitals, or the Local Emergency Planning Committee. EPA observed that the contingency plan did not include a quick reference guide. EPA observed that an employee who was handling hazardous waste had not completed the hazardous waste training. Following the CEI on March 17, 2023, the Respondent provided the EPA with evidence of that employee?s completion of the hazardous waste training. The completion date of the training was February 26, 2020. Following the CEI, the Respondent notified the EPA that it had updated its Standard Operating Procedure for managing stormwater and implemented a new Standard Operating Procedure for conducting weekly inspections. The Respondent further notified the EPA that it corrected inaccuracies in the hazardous waste minimization plan following the CEI, and that replacement parts for the pump in between the tanks were installed on April 10, 2023, and the surface of the containment area was cleaned. The Respondent consents to the payment of a civil penalty, which was calculated in accordance with the Act, in the amount of THREE HUNDRED THIRTY-TWO THOUSAND DOLLARS $332,000.00, which is to be paid within 30 days of the Effective Date of this CAFO.

Defendants (2)

• CORBIANNamed in complaintNamed in settlement
• PURAC AMERICA, INC.Named in complaintNamed in settlement

Facilities (1)

• CORBION

  5150 NORTH ROYAL ATLANTA DRIVE, TUCKER, GA, 30084

  Registry ID: 110064467483

Statutes cited

• RCRA 3004VU — TSD Corrective Action
• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste
• RCRA 3008A — Compliance Order: Injunctive & Penalty
• RCRA 7003 — Imminent Order: Solid or Hazardous Waste
• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste

Enforcement conclusions (2)

• PURAC AMERICA, INC. D/B/A CORBIANentered 2024-09-16

  Primary law: RCRA

  Federal penalty: $332,000 · SEP: $230,000

• PURAC AMERICA, INC. D/B/A CORBIANentered 2024-12-02

  Primary law: RCRA

Timeline (3 milestones)

• 2024-09-16Complaint Filed/Proposed Order
• 2024-09-30Enforcement Action Data Entered
• 2024-12-02Final Order Issued