9/5/12-CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $31,435.
ALLEGATIONS: ON JUL 16, 2013, EPA AND TDEC DIV OF SOLID AND HAZ WASTE MGMT CONDUCTED A COMPLIANCE EVALUATION INSPECTION (CEI)AT THE FACILITY. DURING THE CEI, EPA OBSERVED:
-FACILITY WAS GENERATING WASTE CHEMICALS FROM LAB PROCESSES INCLUDING WASTE ISOPROPYL AND METHYL ALCOHOLS (D001 HAZ WASTES AND WASTE XYLENE (F003). RESPONDENT WAS GENERATING WASTE XYLENE IN ITS CYTOLOGY DEPT AND WAS MANAGING THIS WASTE AS A D001 AND AS AN F003 HAZ WASTE. RESPONDENT HAD PREVIOUSLY BEEN MANIFESTING THIS WASTE FOR OFF-SITE DISPOSAL AT A RCRA-PERMITTED TREATMENT, STORAGE, AND DISPOSAL FACILITY.
-(i) THAT THE OPERATION OF TISSUE PROCESSING MACHINES IN RESPONDENT'S CYTOLOGY LAB INVOLVED THE USE OF VARYING CONCENTRATIONS OF ISOPROPYL ALCOHOL; (ii) A 1-GAL CONTAINER OF METHYL ALCOHOL INTENDED FOR REUSE WAS LOCATED BENEATH THE SINK IN THE HISTOLOGY LAB; AND (iii) CHEMICALS USED TO PERFORM TISSUE TESTS, CALLED GRAM STAINS, WERE LOCATED IN THE MICROBIOLOGY DEPT. EPA'S INSPECTOR WAS INFORMED BY FACILITY PERSONNEL THAT THESE AND OTHER CHEMICAL WASTES GENERATED BY LAB PROCESSES, EXCEPT FOR WASTE XYLENE, HAD TYPICALLY HAD DISPOSED OF DOWN THE SINK DRAIN.
-RESPONDENT INFORMED EPA INSPECTOR THAT WASTES GENERATED BY RESPONDENT'S LAB PROCESSES DID NOT UNDERGO A HAZ WASTE DETERMINATION PRIOR TO DISPOSAL DOWN SINK DRAIN.
EPA ALLEGES RESPONDENT VIOLATED TR 0400-12.01-.03(1)(b) (40 CFR 262.11) BY FAILINGTO MAKE HAZ WASTE DETERMINA