EPA v. Cul-Mac Industries, Inc.

Case summary

On September 29, 2020, EPA Region 5 and Cul-Mac Industries, Inc. (Cul-Mac) of Wayne, Michigan, entered into a Resource Conservation and Recovery Act (RCRA) Section 3008(a) Consent Agreement and Final Order (CAFO) resolving violations relating to failure to provide notification of hazardous waste activity and failure to file a biennial report. The CAFO requires Cul-Mac to pay a standard, pre-approved, penalty of $11,471 and to submit the required biennial report and a revised notification. Cul-Mac operates as a manufacturer of household and industrial automotive chemicals. On August 19, 2020, EPA informed Cul-Mac of alleged potential violations of the RCRA. Specifically, EPA informed Cul-Mac that based on a review of data, it appeared that Cul-Mac had improperly identified itself as a small quantity generator of hazardous waste. During 2017, Cul-Mac generated hazardous waste in quantities that qualified it for large quantity generator status. Thus, EPA identified the following potential violations: failure to submit sufficient initial notification and/or subsequent notification of the change in the type of RCRA hazardous waste activity in violation of Section 3010(a) of RCRA, 42 U.S.C. ? 6930(a) (EPA Form 870012); and failure to file annual/biennial reports in violation of Michigan?s equivalent to 40 C.F.R. ? 262.41. EPA offered and Cul-Mac agreed to resolve the violations through a streamlined CAFO settlement process. EPA Region 5 identified the violations through its RCRA Data Mining Initiative, which uses Agency data sources to identify high-probability violators and offer them a streamlined opportunity to work with EPA to further identify and resolve the violations. Region 5 informed each State environmental agency in the Region about this data mining initiative and that they may expect to be copied on notices to identified facilities. Michigan EGLE was copied on the August 19, 2020, letter that EPA sent to Cul-Mac. Michigan EGLE will assist by processing Cul-Mac?s notification regarding changes to the RCRA hazardous waste activity conducted at the facility, and by processing the late annual report. Cul-Mac has agreed to come into compliance with the relevant provisions of RCRA within 30 days after the effective date of the CAFO.

Defendants (1)

• Cul-Mac Industries, Inc.Named in complaintNamed in settlement

Facilities (1)

• CUL MAC INDUSTRIES INCORPORATED

  3720 S. VENOY RD., WAYNE, MI, 48184

  Registry ID: 110000406301

Statutes cited

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

Enforcement conclusions (1)

• Cul-Mac Industries, Inc.entered 2020-09-29

  Primary law: RCRA

  Federal penalty: $11,471

Timeline (4 milestones)

• 2020-09-29Complaint Filed/Proposed Order
• 2020-09-29Final Order Issued
• 2020-10-09Enforcement Action Data Entered
• 2020-11-16Enforcement Action Closed