EPA v. GIANT RESOURCE RECOVERY-ATTALIA, INC.

Case summary

SEPTEMBER 26, 2024 - CONSENT AGREEMENT On August 19-20, 2020, the EPA, along with ADEM, conducted a RCRA compliance evaluation inspection (CEI) at the Facility. EPAs air sampling team conducted air monitoring on the Respondent's tanks and reviewed the Facility's records and procedures for addressing volatile organic emissions from hazardous waste tanks and ancillary equipment, and containers. The EPA's findings of the CEI were documented in a report dated December 4, 2020 (CEI Report). On December 4, 2020, the EPA issued an Information Request Letter (IRL) pursuant to Section 3007 of RCRA to the Respondent requesting, inter alia, all Leak Detection and Repair (LDAR) records from July 1, 2018 to December 31, 2020 (the Requested Time Frame). On January 22, 2021, the Respondent responded to the EPA?s IRL by submitting the requested information for the Requested Time Frame (IRL Response). Following the receipt of the Respondent's IRL Response, the EPA completed a nonfinancial record review (NRR) of the IRL Response. The findings of the NRR were memorialized in a RCRA Information Request Response Review on October 27, 2021 (NRR Report) which was provided to the Respondent. On January 4, 2022, the Respondent provided a response to the findings of the October 27, 2021 NRR Report. Based on the NRR, the EPA found that the Respondent failed to make an applicability determination as to whether the hydrostatic relief devices (valves) on its Kruncher Unit were subject to Subpart BB requirements. Based on the NRR, the EPA found that the Subpart BB LDAR Logs used by the Facility to record leak detection and repair data did not include, in several instances, the name of the inspector or the monitoring ppm. Based on the NRR, the EPA found that the Respondent had failed to identify the monitoring frequency (method of compliance) of each piece of equipment subject to the BB Plan and ADEM Admin. Code r. 335-14-5-.28 [40 C.F.R. ? 264.1064(b)(1)], as required. Based on the NRR, the EPA found that the Respondent did not maintain records of all monitoring information, including calibration and maintenance records. . Based on the NRR, the EPA found that the Respondent conducted monthly monitoring of its Subpart BB pumps only 14 times during the 29-month Requested Time Frame and therefore failed to monitor the pumps 15 times during this Requested Time Frame. Based on the NRR, the EPA found that the Respondent failed to maintain monitoring records for its Subpart BB valves for two consecutive quarters (November 2019 through June 2020) during the Requested Time Frame. Based on the NRR, the EPA determined that the Respondent failed to complete and document Calibration Forms for all monitoring events in 2020 and failed to document that before-use calibration was conducted on each day of its use in accordance with Method 21 for monitoring events in 2020. At the time of the CEI and the NRR, the Respondent utilized the following tanks subject to Level 1 controls: Tanks 1-8, Tank 9 (Kruncher Unit), Disperser Tank and Overflow Tank, and Tanks R1 and R2. Based on the EPAs review of the Respondents CC Plan and Subpart CC Inspection and Monitoring Logs for the Level 1 tanks, some of Respondent?s tank closure devices were found to have had a defect for an extended period of time without repair. At least six instances were identified where the Respondent failed to make first efforts at repair of a defect no later than five calendar days after detection or failed to complete such repair no later than 45 calendar days after detection. The Respondent consents to the payment of a civil penalty, which was calculated in accordance with the Act, in the amount of $235,782.00], which is to be paid within 30 days of the Effective Date of this CAFO.

Defendants (1)

• GIANT RESOURCE RECOVERY-ATTALIA, INC.Named in complaintNamed in settlement

Facilities (4)

• GIANT REOURCE RECOVERY-ATTALLA INC

  1229 VALLEY DR, ATTALLA, AL, 35954

  Registry ID: 110000368263

• GIANT REOURCE RECOVERY-ATTALLA INC

  1229 VALLEY DR, ATTALLA, AL, 35954

  Registry ID: 110000368263

• GIANT REOURCE RECOVERY-ATTALLA INC

  1229 VALLEY DR, ATTALLA, AL, 35954

  Registry ID: 110000368263

• GIANT REOURCE RECOVERY-ATTALLA INC

  1229 VALLEY DR, ATTALLA, AL, 35954

  Registry ID: 110000368263

Statutes cited

• RCRA 3004 — Hazardous Waste Treatment, Storage, and Disposal Standards
• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste
• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste

Enforcement conclusions (1)

• GIANT RESOURCE RECOVERY-ATTALIA, INC.entered 2024-09-26

  Primary law: RCRA

  Federal penalty: $235,782 · SEP: $641,831

Timeline (3 milestones)

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