MARCH 21, 2023 - CONSENT AGREEMENT
On January 28, 2022, Respondent notified the Tennessee Department of Environment and Conservation (TDEC) as a large quantity generator (LQG) of hazardous waste.
On June 30, 2022, the EPA and TDEC conducted a compliance evaluation inspection (CEI) at Respondent?s Facility. The EPA?s findings of the CEI were documented in a report emailed to the Facility on September 22, 2022.
At the time of the CEI, the EPA determined that the Respondent was using toluene for the past five years to clean three production tanks at its Facility. Upon using the toluene to clean its production tanks, the Respondent generated spent toluene solvent which was transferred to and accumulated in Respondent's solvent hold-up tank.
The spent toluene solvent had a flashpoint of less than 140 degrees Fahrenheit and was a D001 characteristic and a F005 listed hazardous waste, respectively.
At the time of the CEI, the Respondent had not made a hazardous waste determination on the spent toluene solvent generated and managed at its Facility in its solvent hold-up tank and ancillary equipment.
At the time of the CEI, the Respondent had not filed a notification with TDEC to become a handler of hazardous secondary materials in accordance with Tenn. Comp. R. & Regs. 0400-12- 01-.01(5)(c) [40 C.F.R. ? 260.42(a)].
At the time of the CEI, the inspectors observed that the Facility had failed to mark the following containers of hazardous waste with the words ?Haz