EPA v. Hempel USA and Jones-Blair Company LLC

Case summary

Case Summary (Viewable by public in ECHO): 1. Respondent did not file with EPA, or the authorized state (Texas), an adequate and timely notification of its hazardous waste activities at the Facility in violation of Section 3010(a) of RCRA, 42 U.S.C. ? 6930(a). The Facility exceeded their declared Conditionally Small Quantity Generator status and operated in all instances as a Large Quantity Generator in violation of one or more of the requirements for Large quantity generators under 30 TEX.ADMIN.CODE, Chapter 335, Subchapter C, [40 C.F.R. ? 262.34]. 2. Pursuant to 30 TEX.ADMIN.CODE ? 335.62, [40 C.F.R. ? 262.11], a person who generates a solid waste, as defined in 30 TEX.ADMIN.CODE ? 335.1(138), [40 C.F.R. ? 261.2], must determine if the waste is hazardous either by applying the required test method or by applying its knowledge of the hazardous characteristic of the waste in light of the materials or the processes used. Respondents violated the requirements of RCRA and the regulations promulgated at 30 TEX.ADMIN.CODE ? 335.62, [40 C.F.R. ? 262.11], by failing to make the requisite hazardous waste determinations for some of the solid waste streams generated by Respondents at the Facilities.From the Investigation, EPA determined that for the periods relevant to this CAFO, Respondents failed to comply with 30 TEX.ADMIN.CODE ? 335.62, [40 C.F.R. ? 262.11 3. During the Investigation, EPA determined that Respondents operated as LQGs at the Facilities for the relevant periods of this CAFO. Pursuant to 30 TEX.ADMIN.CODE ? 335.69, [40 C.F.R. ? 262.34], a generator of 1000 kilograms or greater of hazardous waste in a calendar month or greater than one (1) kilogram acute hazardous waste in a calendar month, may accumulate hazardous waste or acute hazardous waste on-site for 90 days or less without a permit or without having interim status provided that certain conditions are met. During the Investigation and for the relevant periods of this CAFO, Respondents did not meet the required conditions for LQGs at the Facilities as set forth at 30 TEX.ADMIN.CODE ? 335.69, [40 C.F.R. ? 262.34]. From the Investigation, EPA determined that for the relevant periods of this CAFO, Respondents failed to comply with 30 TEX.ADMIN.CODE, Chapter 335, Subchapter C, [40 C.F.R. Part 262] at the Facilitie. 4. Pursuant to 30 TEX.ADMIN.CODE ? 335.431, [40 C.F.R. ?? 268.7(a)(2) or 268.7(a)(3)(i)], and in accordance with all applicable requirements of the land disposal restrictions (?LDR?) found at 40 C.F.R. Part 268, at a minimum, a generator with its initial shipment of waste sent to each treatment, storage, or disposal facility must send a one-time written notice and place a copy in its file. During the Investigation and for the relevant periods of this CAFO, in some instances, Hempel did not send the one-time written notice to each treatment, storage, and/or disposal facility and, in other instances, the written notice that was sent did not include all waste codes for the associated waste streams generated by Hempel. From the Investigation, EPA determined that for the relevant periods of this CAFO, Hempel has therefore violated 30 TEX.ADMIN.CODE ? 335.431, [40 C.F.R. ? 268.7], of the LDR regulations for prohibited waste.

Defendants (1)

• Hempel USA and Jones-Blair Company LLCNamed in complaintNamed in settlement

Facilities (2)

• HEMPEL USA

  600 CONROE PARK NORTH DR, CONROE, TX, 77303-2207

  Registry ID: 110005185566

• JONES-BLAIR COMPANY

  2728 EMPIRE CENTRAL, DALLAS, TX, 75235

  Registry ID: 110000457568

Statutes cited

• RCRA 3013 — Monitoring, Analysis, Testing
• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste
• RCRA 3007 — Record keeping, Inspection, Information Request
• RCRA 3010 — Notification of Hazardous Waste Activity

Enforcement conclusions (1)

• Hempel USA and Jones-Blair Company LLCentered 2020-09-10

  Primary law: RCRA

  Federal penalty: $728,817

Timeline (4 milestones)

• 2020-09-10Complaint Filed/Proposed Order
• 2020-09-10Final Order Issued
• 2020-09-16Enforcement Action Data Entered
• 2020-12-16Enforcement Action Closed