EPA v. Texas Pneumatic Systems Inc. (ATS)

Case summary

On October 31, 2022, EPA Region 6 issued a Consent Agreement & Final Order under its authority pursuant to pursuant to Section 3008(a) of RCRA to Texas Pneumatic Systems located Arlington, Texas. The Consent Agreement & Final Order was issued in response to violations of: 1) Section 3010(a) of RCRA, failure to notify of hazardous waste activities 2) 30 Texas Admin. Code ?? 335.10(a)(1) and 335.10(c), failure to comply with hazardous waste manifest requirements, and 3) 30 Texas Admin. Code ? 335.62, failure to make adequate hazardous waste determinations. The Consent Agreement & Final Order requires Texas Pneumatic Systems in 60 calendars days to certify that it has assessed all its prior solid waste streams at the Texas Pneumatic Systems Facility to determine the accurate waste codes, to file with the EPA or the State of Texas all remaining documents associated with the former Texas Pneumatic Systems Facility, including a RCRA Waste Management Compliance Plan, a Contingency Plan, and any outstanding Waste Determinations, to certify that it has accurately and adequately complied with its RCRA Section 3010 notification for the Texas Pneumatic Systems Facility and within the prescribed time period, and to certify the cost of implementation of injunctive relief, and certify the environmental benefit (reduction of waste or reduction in the toxicity of waste) of the actions above. Texas Pneumatic Systems shall also pay a civil penalty of thirty-six thousand, seven hundred and six dollars ($36,706), within thirty (30) calendar days of the effective date of this CAFO

Defendants (1)

• Texas Pneumatic Systems Inc. (ATS)Named in settlement

Facilities (1)

• TEXAS PNEUMATIC SYSTEMS PLANT 2

  1001 COMMERCIAL BLVD N, ARLINGTON, TX, 760017124

  Registry ID: 110070200034

Statutes cited

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

Enforcement conclusions (1)

• Texas Pneumatic Systems Inc. (ATS)entered 2022-10-31

  Primary law: RCRA

  Federal penalty: $36,706

Timeline (2 milestones)

• 2022-10-31Final Order Issued
• 2022-11-30Enforcement Action Data Entered