12/21/2010 - CONSENT AGMT ISSUED, ASSESSING A PENALTY OF $90,309, DUE WITHIN 30 DAYS.
ALLEGATIONS:
ON AUG 11, 2009, EPA AND KDEP CONDUCTED A RCRA COMPLIANCE EVALUATION INSPECTION (CEI) OF RESPONDENT'S FACILITY.
AT THE TIME OF INSPECTION, RESPONDENT MANAGED THE SPENT LIQUID SOLVENT ADHESIVE WASTE GENERATED ON-SITE IN A TANK SYSTEM.
RESPONDENT'S TANK SYSTEM CONSISTED OF:
A. ONE OUTSIDE 12,000 GALLON ABOVE-GROUND HAZ WASTE STORAGE TANK;
B. ONE INSIDE STAINLESS STEEL 1,200 GALLON IN-GROUND SUMP;
C. PIPING TO TRANSFER THE SPENT LIQUID SOLVENT ADHESIVE WASTE TO THE 1,200 GALLON SUMP; AND
D. PIPING TO TRANSFER THE SPENT LIQUID SOLVENT ADHESIVE WASTE FROM THE 1,200 GALLON SUMP TO THE OUTSIDE 12,000 GALLON HAZ WASTE STORAGE TANK.
RESPONDENT'S PIPING INCLUDES PIPES, PUMPS, VALVES, COMPRESSORS, PRESSURE RELIEF DEVICES, CONNECTORS, FLANGES, AND/OR CONTROL DEVICES.
AT THE TIME OF THE CEI, RESPONDENT HAD FAILED TO CONDUCT A TANK SYSTEM INTEGRITY ASSESSMENT ON THE INSIDE 1,200 GALLON IN-GROUND SUMP.
EPA ALLEGES THAT RESPONDENT HAS VIOLATED RCRA SEC AND KY REV STAT ANN 224.46-012, ET SEQ FOR STORING HAZ WASTE WITHOUT A PERMIT OR INTERIM STATUS, BECAUSE RESPONDENT FAILED TO MEET THE 40 CFR 262.34(a)(1)(ii) CONDITION OF THE 40 CFR 262.34(a) PERMIT EXEMPTION BY NOT COMPLYING WITH 40 CFR 265.195(b) AND 401 KY ADMIN REG 35:190 SEC 6.
RESPONDENT FAILED TO COMPLY WITH THE 40 CFR PART 265 SUBPART BB AIR EMISSION STANDARDS FOR EQUIPMENT LEAKS OR, IN THE ALTERNATIVE, CORRE