EPA v. Targa Downstream Galena Park Tx CAFO

Case summary

Claim 1. Notification Requirements 21. The allegations in Paragraphs 1-20 are re-alleged and incorporated herein by reference. 22. Pursuant to Section 3010(a) of RCRA, 42 U.S.C. ? 6930(a), any person generating a characteristic or listed hazardous waste shall file with EPA or the authorized state a notification stating the location and general description of such activity and the identified characteristic or listed hazardous waste handled by such person. No identified characteristic or listed hazardous waste subject to this subchapter may be transported, treated, stored, or disposed of unless notification has been given as required by Section 3010(a) of RCRA, 42 U.S.C. ? 6930(a). 23. Respondent did not file with the EPA or the State of Texas, an authorized state, an adequate and timely notification of its hazardous waste activities at the Facility during 2018 and 2019 in violation of Section 3010(a) of RCRA, 42 U.S.C. ? 6930(a) and 30 Texas Admin. Code ? 335.6(c). Claim 2. Failure to Operate within Its Stated Generator Status 24. The allegations in Paragraphs 1-20 are realleged and incorporated herein by reference. 25. During the Investigation, EPA determined that the Targa Downstream Facility declared its generator status as a Conditionally Exempt Small Quantity Generator. 26. Pursuant to 30 Texas Admin. Code ? 335.78(b), [40 C.F.R. ? 261.5(b)], as long as a CESQG complies with the applicable requirement under 30 Texas Admin. Code ?? 335.78(e), (f), (g) and (j) and 40 C.F.R. ?? 261.5 (e), (f), (g) and (j), the generator's hazardous waste is not subject to regulation under 30 Texas Admin. Code, Chapter 335, Subchapters C - H and O; 40 C.F.R. Parts 262 through 268; 40 C.F.R. Parts 270 and 124; and the requirements of Section 3010 of RCRA, 42 U.S.C. ? 6930. 27. During portions of 2018 to 2019, the Targa Downstream Facility exceeded their declared CESQG status and operated in some instances as a Large Quantity Generator in violation of one or more of the requirements for large quantity generators under 30 Texas Admin. Code, Chapter 335, Subchapter C, [40 C.F.R. Parts 262 and 265].

Defendants (1)

• Targa Downstream LLCNamed in settlement

Facilities (4)

• GALENA PARK MARINE TERMINAL

  12510 AMERICAN PETROLEUM ROAD, GALENA PARK, TX, 77547

  Registry ID: 110032992215

• GALENA PARK MARINE TERMINAL

  12510 AMERICAN PETROLEUM ROAD, GALENA PARK, TX, 77547

  Registry ID: 110032992215

• GALENA PARK MARINE TERMINAL

  12510 AMERICAN PETROLEUM ROAD, GALENA PARK, TX, 77547

  Registry ID: 110032992215

• GALENA PARK MARINE TERMINAL

  12510 AMERICAN PETROLEUM ROAD, GALENA PARK, TX, 77547

  Registry ID: 110032992215

Statutes cited

• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste
• RCRA 3010 — Notification of Hazardous Waste Activity

Enforcement conclusions (1)

• Targa Downstream Galena Park Tx CAFOentered 2021-06-30

  Primary law: RCRA

  Federal penalty: $56,476

Timeline (2 milestones)

• 2021-06-30Final Order Issued
• 2021-07-15Enforcement Action Data Entered