EPA v. Texas Poly Inc

Case summary

21. Pursuant to Section 3010(a) of RCRA, 42 U.S.C. ? 6930(a), any person generating a characteristic or listed hazardous waste, recycling hazardous waste, or reclaiming hazardous secondary material 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 wastes, recyclable materials, or reclaimed hazardous secondary materials handled by such person. No identified characteristic or listed hazardous waste or reclaimed material 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). 22. 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 from 03/20/2020 to 12/15/2021 in violation of Section 3010(a) of RCRA, 42 U.S.C. ? 6930(a) and 30 Texas Admin. Code ? 335.6(c). Claims 2. Failure to Operate within Its Stated Generator Status 23. The allegations in Paragraphs 1-19 are realleged and incorporated herein by reference. 24. During the Investigation, EPA determined that the Texas Poly Facility declared its generator status as a conditionally exempt small quantity generator (CESQG) and failed to make the applicable notification for recycling and reclamation activity. 25. Pursuant to 30 TEX.ADMIN.CODE ? 335.78(b), [40 C.F.R. ? 261.5(b)], as long as a CESQG complies with the applicable requirement under 30 TEX.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 TEX.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. 26. During portions of 2020 and 2021, the Texas Poly Facility exceeded its declared CESQG status and operated in some instances as a small quantity generator (SQG). Additionally, Texas Poly hired a third party to conduct on-site solvent reclamation and is required to adhere to the applicable requirements of 40 CFR 261.400. Texas Poly failed to operate within the correct status in violation of one or more of the requirements for small and large quantity generators and recyclers under 30 TEX.ADMIN.CODE, Chapter 335, Subchapter C, [40 C.F.R. ? 261.400 & 262.34

Defendants (1)

• Texas Poly Inc.Named in complaintNamed in settlement

Facilities (1)

• TEXAS POLY

  1375 WESTPARK WAY, EULESS, TX, 76040-6798

  Registry ID: 110005069317

Statutes cited

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

Enforcement conclusions (1)

• Texas Poly Incentered 2022-02-22

  Primary law: RCRA

  Federal penalty: $29,827

Timeline (2 milestones)

• 2022-02-22Final Order Issued
• 2022-02-25Enforcement Action Data Entered