EPA v. AMERESCO PALMETTO, LLC

Case summary

SEPTEMBER 26, 2024 - CONSENT AGREEMENT On May 31, 2023, the EPA and the SCDHEC conducted a joint compliance evaluation inspection (CEI) at the Respondent's Facility. The EPA's findings of the CEI were documented in a Report that was sent to the Respondent via email on August 8, 2023. The inspectors observed that the 6,000-gallon hazardous waste storage tank storing landfill gas condensate and oily liquid waste was labeled as D001, D004, D009, D027 hazardous waste condensate and oil, marked with an accumulation start date, and identified with a Class 9 DOT hazard placard, but it was not clearly marked with an indication of the hazards of its contents. The inspectors observed a 300-gallon storage container, which contained oily liquid hazardous waste, dated March 13, 2023. It appeared that the Respondent stored the container on an angle since that date to prevent hazardous waste from leaking from the container through a broken O-ring. The inspectors observed that the Respondent had not determined if the ancillary equipment used to transfer hazardous waste to the 6,000-lon hazardous waste storage tank contains or contacts a hazardous waste with a total organic concentration that equals or exceeds 10 percent by weight. The inspectors observed that the Respondent had not determined the average volatile organic concentration of hazardous waste managed in the 6,000- hazardous waste storage tank or in the 300-lon hazardous waste storage container. The inspectors observed that the Respondent had not determined the maximum organic vapor pressure for hazardous waste placed in the 6,000-lon hazardous waste storage tank. The inspectors observed openings in the fixed roof of the 6,000-lon hazardous waste storage tank without closure devices designed to operate with no visible cracks, gaps, or holes. These openings were observed where the level indicator line passes through a port in the fixed roof; where the oil measurement port was located on top of the tank; and at the overflow pipe along the side of the tank. The inspectors also observed vapors in the atmosphere in the areas of the fixed roof where the level indicator enters; where the oil measurement port is located; and where the oil skimmer system was installed. In addition, the API-653 Engineering Inspection Report on the structural integrity of the tank reviewed by the inspectors during the CEI noted that ?the flanged mating connections for the level alarm switches are different sizes; the current configuration allows for a gap that could let rain and debris into the tank.? The inspectors observed that the quick reference guide and contingency plan that the Respondent transmitted to the local emergency responders on May 13, 2022, did not include an identification of the ignitable hazard associated with the oily liquid hazardous waste. The inspectors observed that hazardous waste training records were not provided for one employee for calendar year 2021 and for two employees for calendar years 2022 and 2023. The inspectors observed that the Respondent had not contacted the transporter or designated facility to inquire about three hazardous waste shipments for which more than 35 days had passed between the date that the waste shipment was sent offsite and the date that it reached the designated facility. The inspectors observed that the Respondent had not submitted an Exception Report for one hazardous waste shipment for which more than 45 days had passed between the date that the waste shipment was sent offsite and the date that it reached the designated facility. The Respondent consents to the payment of a civil penalty, which was calculated in accordance with the Act, in the amount of TWO HUNDRED THIRTY-ONE THOUSAND DOLLARS ($231,000.00), which is to be paid within 30 days of the Effective Date of this CAFO.

Defendants (1)

• AMERESCO PALMETTO, LLCNamed in complaintNamed in settlement

Facilities (1)

• AMERESCO PALMETTO LLC

  251 NEW HOPE RD, WELLFORD, SC, 29385-9467

  Registry ID: 110070124910

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)

• AMERESCO PALMETTO, LLCentered 2024-09-26

  Primary law: RCRA

  Federal penalty: $231,000

Timeline (4 milestones)

• 2024-09-26Final Order Issued
• 2024-09-26Complaint Filed/Proposed Order
• 2024-09-30Enforcement Action Data Entered
• 2024-10-02Enforcement Action Closed