EPA v. Waco Service Center

Case summary

Claims i. Notification Requirements The allegations in Paragraphs 1-31 are realleged and incorporated herein by reference. 2. 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 the Administrator or authorized State a notification stating the location and general description of such activity and the identified characteristic or listed hazardous wastes 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). 3. Oncor Electric Delivery LLC did not file with the Administrator an initial or subsequent notification to accurately state the general description of its hazardous waste activities and its generation and management of hazardous waste during July 2021, in violation of Section 3010(a) of RCRA, 42 U.S.C. ? 6930(a). 4. At all times relevant to this ACOC, Respondent failed to comply with its notification requirements in violation of Section 3010(a) of RCRA, 42 U.S.C. ? 6930(a). Claims ii. Failure to Operate within Its Stated Generator Status 5. The allegations in Paragraphs 1-31 are realleged and incorporated herein by reference. 6. During the Investigation, EPA determined that Oncor Electric Delivery LLC either operated as a Conditionally Exempt Small Quantity Generator (?CESQG?) and/or considered itself to be a CESQG. 7. 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), [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, [40 C.F.R. Parts 262 through 268 and 270]. 8. On one occasion in February 2017, Oncor Electric Delivery LLC exceeded the CESQG status and, for the period such hazardous waste remained onsite, operated as a SQG in violation of one or more of the requirements for SQG under 30 TEX.ADMIN.CODE, Chapter 335, Subchapter C, [40 C.F.R. Part 262 through 268 and 270]. 9. At all times relevant to this ACOC, Respondent failed to comply with the SQG requirements in violation of 30 TEX.ADMIN.CODE Chapter 335, Subchapters C, [40 C.F.R. Parts 262 through 268 and 270].

Defendants (1)

• Waco Service CenterNamed in complaintNamed in settlement

Facilities (1)

• WACO SERVICE CENTER

  3600 FRANKLIN AVENUE, WACO, TX, 76710-7328

  Registry ID: 110005111226

Statutes cited

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

Enforcement conclusions (1)

• Waco Service Centerentered 2022-04-04

  Primary law: RCRA

Timeline (5 milestones)

• 2022-04-04Final Order Issued
• 2022-04-04Complaint Filed/Proposed Order
• 2022-04-05Enforcement Action Data Entered
• 2022-04-21Compliance Achieved
• 2022-04-21Enforcement Action Closed