SEPTEMBER 26, 2024 - CONSENT AGREEMENT
On August 19-20, 2020, the EPA, along with ADEM, conducted a RCRA compliance evaluation inspection (CEI) at the Facility.
EPAs air sampling team conducted air monitoring on the Respondent's tanks and reviewed the Facility's records and procedures for addressing volatile organic emissions from hazardous waste tanks and ancillary equipment, and containers. The EPA's findings of the CEI were documented in a report dated December 4, 2020 (CEI Report).
On December 4, 2020, the EPA issued an Information Request Letter (IRL) pursuant to Section 3007 of RCRA to the Respondent requesting, inter alia, all Leak Detection and Repair (LDAR) records from July 1, 2018 to December 31, 2020 (the Requested Time Frame).
On January 22, 2021, the Respondent responded to the EPA?s IRL by submitting the requested information for the Requested Time Frame (IRL Response).
Following the receipt of the Respondent's IRL Response, the EPA completed a nonfinancial record review (NRR) of the IRL Response. The findings of the NRR were memorialized in a RCRA Information Request Response Review on October 27, 2021 (NRR Report) which was provided to the Respondent.
On January 4, 2022, the Respondent provided a response to the findings of the October 27, 2021 NRR Report.
Based on the NRR, the EPA found that the Respondent failed to make an applicability determination as to whether the hydrostatic relief devices (valves) on its Kruncher Unit were subject