EPA v. Ergon Baton Rouge

Case summary

Claim i: Failure to Notify of Generator Category 17. EPA hereby restates and incorporates by reference Paragraphs 1 through 16. 18. 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). 19. The Louisiana Administrative Code in LAC 33.V.1017.A requires generators to notify the Louisiana Office of Environmental Services within 7 days if any information submitted in the prior notification of hazardous waste activity changes. 20. Respondent?s notification to the Louisiana Department of Environmental Quality (LDEQ) on August 13, 2015, identified the Facility as a Conditionally Exempt Small Quantity Generator (CESQG). 21. This status was not updated until February 26, 2020, when the Respondent notified LDEQ that it was a Large Quantity Generator (LQG). 22. Hazardous waste manifests from Respondent from June, July, and August of 2018 and January and February of 2020 indicate that, at some point in each of these years, Respondent generated greater than 1,000 kg per month of hazardous waste, making it a Large Quantity Generator for those periods. 23. Respondent failed to notify LDEQ of this change in its hazardous waste activity within 7 days in violation of LAC 33:V.1105.B. Claim ii: Failure to Operate within Stated Generator Status 24. The allegations in paragraphs 1-23 are realleged and incorporated herein by reference. 25. In the years 2018 and 2020, Respondent accumulated waste generated at the Facility prior to transport, constituting short term ?storage? as defined in 33 LAC:V.109 [40 C.F.R. ? 260.10]. 26. In the years 2018 and 2020, Respondent, as an entity generating waste in quantities sufficient to qualify as a Large Quantity Generator (LQG) and storing hazardous waste, was required to comply with the regulations for Treatment, Storage, and Disposal (TSD) facilities in LAC 33.V [40 C.F.R. ? 270], or comply with the subset of those standards set forth in LAC 33.V.1109.E [40 C.F.R. 262.34(a)(4) (October 2016) ] as conditions for exemption from the full TSD regulations for LQGs accumulating waste for less than 90 days. 27. During portions of 2018 and 2020, the Facility failed to meet these standards, in violation of one or more of the requirements for large quantity generators storing waste under LAC 33: V.1109.E [40 C.F.R. ? 262.34]. Claim iii: Storage of Hazardous Waste without Permit or Interim Status 28. EPA hereby restates and incorporates by reference Paragraphs 1 through 27. 29. Pursuant to RCRA sections 3005(a), (e), 42 U.S.C. ? 6925(a), (e), and LAC 33:V.305 [40 C.F.R. ? 270.1(c)], among other things, and subject to certain exceptions, the owner and operator of a hazardous waste management unit(s) must have a permit or interim status for the treatment, storage and/or disposal of any hazardous waste. 30. Information provided to EPA by Respondent indicates that greater than 1,000 kg of hazardous waste was stored at the Facility for a period of 100 days (March 24, 2018 to July 2, 2018). 31. During this period, Respondent neither held a RCRA permit nor had interim status for this storage of hazardous waste. 32. Respondent has therefore engaged in the storage of hazardous waste at the Facility without a permit in violation of RCRA section 3005(a), (e), 42 U.S.C. ? 6925(a), (e), and LAC 33:V.305 [40 C.F.R. ? 270.1(c)].

Defendants (1)

• Ergon Baton RougeNamed in complaintNamed in settlement

Facilities (2)

• ERGON OIL PURCHASING

  390 W THOMAS RD, BATON ROUGE, LA, 70807

  Registry ID: 110033672327

• ERGON OIL PURCHASING

  390 W THOMAS RD, BATON ROUGE, LA, 70807

  Registry ID: 110033672327

Statutes cited

• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste
• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste
• RCRA 3010 — Notification of Hazardous Waste Activity

Enforcement conclusions (1)

• Ergon Baton Rougeentered 2022-05-03

  Primary law: RCRA

  Federal penalty: $46,946

Timeline (3 milestones)

• 2022-05-03Final Order Issued
• 2022-05-24Enforcement Action Data Entered
• 2022-07-25Compliance Achieved