6/7/10 - CONSENT AGMT ISSUED, ASSESSING A PENALTY OF $75,000, DUE WITHIN 30 DAYS.
ALLEGATIONS:
ON JUNE 16, 2008, REPS OF EPA AND MDEQ PERFORMED A RCRA COMPLIANCE EVALUATION INSPECTION (CEI) OF THE FACILITY. ON DEC 9, 2008, RESPONDENT SUBMITTED INFO IN RESPONSE TO A REQUEST FOR INFO FROM EPA. ON MAY 7, 2009, EPA ISSUED A NOV ALLEGING CERTAIN VIOLATIONS OF RCRA BASED UPON THE CEI AND RESPONSE TO THE REQUEST FOR INFO.
RESPONDENT MANUFACTURES WATER-SOLUBLE POLYMERS THAT ARE USED IN MUNICIPAL AND INDUSTRIAL WASTEWATER TREATMENT OPERATIONS.
THE FACILITY PRODUCTION PROCESSES INCLUDE AN ETHYLENE DICHLORIDE (EDC)/AMMONIA PROCESS, A POLYAMINES PROCESS, A POLYDIALLYLDIMETHYL-AMMONIUM CHLORIDE (DADMAC) MONOMER PROCESS, AND A DADMAC POLYMER PROCESS.
RESPONDENT'S DADMAC MONOMER PRODUCTION PROCESS GENERATES A SOLID WASTE, ALLYL CHLORIDE WASTE. THE ALLYL CHLORIDE WASTE FROM THE DADMAC MONOMER PRODUCTION PROCESS EXHIBITS THE CHARACTERISTICS OF IGNITABILITY UNDER 40 CFR 261.20 AND IS THEREFORE A HAZ WASTE (D001).
BASED ON THE RECORDS REVIEWED DURING THE CEI, EPA AND MDEQ REPRESENTATIVES DETERMINED THAT RESPONDENT DID NOT SIGN THE CERTIFICATION ON A MANIFEST DATED SEPT 22, 2006, BY HAND. COMPLAINANT ALLEGES THAT RESPONDENT FAILED TO SIGN THE CERTIFICATION ON A MANIFEST DATED SEPT 22, 2006, BY HAND IN VIOLATION OF 40 CFR 262.23(a)(1).
BASED ON THE RECORDS REVIEWED DURING THE CEI, EPA AND MDEQ REPS DETERMINED THAT RESPONDENT DID NOT HAVE WEEKLY INSPECTION RECORDS THA