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STATE OF
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BEFORE THE
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COUNTY OF
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ENVIRONMENTAL
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COMMISSIONER
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OF
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Complainant, |
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v. |
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Case No. 2020-27282-H |
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RAYTHEON
TECHNOLOGIES |
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CORPORATION, |
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Respondent. |
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AGREED ORDER
Complainant
and Respondent desire to settle and compromise this action without hearing or
adjudication of any issue of fact or law, and consent to the entry of the
following Findings of Fact and Order. Pursuant to Indiana Code (“IC”)
13-30-3-3, entry into the terms of this Agreed Order does not constitute an
admission of any violation contained herein. Respondent’s entry into this
Agreed Order shall not constitute a waiver of any defense, legal or equitable,
which Respondent may have in any future administrative or judicial proceeding,
except a proceeding to enforce this order.
I. FINDINGS OF FACT
1.
Complainant
is the Commissioner (“Complainant”) of the Indiana Department of Environmental
Management (“IDEM”), a department of the State of Indiana created by IC
13-13-1-1.
2.
Respondent is Raytheon Technologies Corporation
(“Respondent”), which owns the company with United States Environmental
Protection Agency (“EPA”) ID No. IND005162607 located at 303 N. Jackson Street,
in Andrews, Huntington County, Indiana (“Site”).
3.
IDEM has jurisdiction over the parties and the
subject matter of this action.
4.
Pursuant to IC 13-30-3-3, IDEM issued a Notice
of Violation (“NOV”) via United Stated
Postal Service (“USPS”) to:
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John Baron, Remediation Project Manager for |
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Raytheon Technologies Corporation |
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Corporate EHS Department |
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Remediation Group |
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c/o 165 Lower Flying Point Road |
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Freeport, Maine 04032 |
5.
Respondent notified EPA of Small Quantity Generator activities in
February 2020.
6.
Raytheon Technologies Corporation currently researches, develops, and manufactures advanced
technology products in the aerospace and defense industry. Prior subsidiaries of Raytheon manufactured
parts for the automotive industry.
7.
Except
as noted below, 329 Indiana Administrative Code (“IAC”) 3.1 incorporates
federal hazardous waste management requirements found in 40 Code of Federal
Regulations (“CFR”) Parts 260 through 270 and Part 273.
8.
As
relevant here, in 2008, EPA promulgated a Transfer-Based Exclusion under 40 CFR
261.4(a)(24) to allow certain material, including spent carbon filters, to be
managed as a hazardous secondary material. This federal provision provided a specific
exemption from the definition of solid waste for any “hazardous secondary
materials” that are transferred to another person for purposes of reclamation. IDEM
did not adopt the Transfer-Based Exclusion.
9.
In
early 2015, EPA amended the Transfer-Based Exclusion at 40 CFR 261.4(a)(24) to
create the Verified Recycler Exclusion. IDEM affirmatively amended its rules to
adopt the Verified Recycler Exclusion. However, a federal court vacated the
Verified Recycler Exclusion and re-instated the prior Transfer-Based Exclusion.
When this occurred, IDEM’s incorporation of the Verified Recycler Exclusion became
void.
10.
On
February 19, 2020, IDEM published a first notice to amend its rules to
re-promulgate the Transfer-Based Exclusion because “Indiana’s current hazardous
waste requirements are inconsistent with the federal definition of solid waste
for purposes of hazardous waste management.” At the time of entry into this
Order, the Transfer-Based Exclusion has not yet been re-adopted.
11.
During
an inspection of the Site on July 30, 2020
conducted by a representative of IDEM, the following violations were found:
a.
Pursuant
to 40 Code of Federal Regulations (“CFR”) 262.11, a person who generates a
solid waste, as defined in 40 CFR 261.2, must make an accurate determination as
to whether that waste is a hazardous waste in order to
ensure wastes are properly managed according to applicable RCRA regulations.
As noted during the inspection, Respondent made arrangements for the transport of fifteen
(15) 55-gallon drums of spent carbon filters for recycling as a non-hazardous
waste when they should have been listed hazardous waste with waste codes F001
and U228.
b.
Pursuant to 40 CFR 262.18(c), a generator must
not offer its hazardous waste to transporters or to treatment, storage, or
disposal facilities that have not received and EPA identification number.
As noted during the inspection,
Respondent failed to transport fifteen (15) 55-gallon drums as hazardous waste
to a permitted RCRA Part B TSD facility but transported them as nonhazardous
waste to an unpermitted facility.
c.
Pursuant to 40 CFR 262.20 and IC 13-30-2-1(12),
a generator who transports, or offers for transportation, hazardous waste for
offsite treatment, storage, or disposal, must prepare a manifest. A generator
must designate on the manifest one facility which is permitted to handle the
waste described on the manifest. A generator may designate an alternate
facility to handle its waste in the event that an
emergency prevents delivery of the waste to the primary designated facility.
As noted
during the inspection, fifteen (15) 55-gallon drums of spent carbon filters
were shipped off in 2019 as non-hazardous waste for recycling and had no
manifest prepared.
12.
Upon
receipt of IDEM’s inspection findings and a determination that Indiana does not
follow at this time EPA’s reclamation rules for hazardous secondary materials,
Raytheon prepared a manifest for the fifteen (15) 55-gallon drums of spent
carbon filters and disposed of the drums as listed hazardous waste instead of
recycling same.
13.
Orders
of the Commissioner are subject to administrative review by the Office of
Environmental Adjudication under IC 4-21.5; however, in recognition of the
settlement reached, Respondent acknowledges notice of this right and waives any right to administrative and judicial review of this Agreed
Order.
II. ORDER
1.
This Agreed Order shall be effective
(“Effective Date”) when it is approved by Complainant or Complainant’s delegate
and has been received by Respondent. This Agreed Order shall have no force or
effect until the Effective Date.
2.
Respondent shall comply with the rules listed in the findings of fact above.
3.
Upon the Effective Date of this Agreed Order,
Respondent shall comply with 40 CFR
262.11. Specifically, Respondent shall make a hazardous waste determination on any solid waste generated in the
future to determine if that waste is hazardous. If the waste is hazardous, it
shall be managed according to the applicable regulations.
4.
Upon the Effective Date of this Agreed Order,
Respondent shall comply with 40 CFR
262.18(c). Specifically, Respondent shall not offer its hazardous waste
to transporters or to treatment, storage, or disposal facilities that have not
received an EPA identification number.
5.
Upon the Effective Date of this Agreed Order,
Respondent shall comply with 40 CFR 262.20 and IC 13-30-2-1(12). Specifically,
Respondent shall ensure any regulated hazardous waste offered for
transportation is accompanied by a uniform hazardous waste manifest designated
to a permitted treatment, storage, or disposal facility.
6.
All submittals required by this Agreed Order,
unless IDEM notifies the Respondent otherwise
in writing, shall be sent to:
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Jodi
Pisula, Enforcement Case Manager |
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Office
of Land Quality |
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Indiana
Department of Environmental Management |
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100
North Senate Avenue |
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Indianapolis,
IN 46204-2251 |
7.
Pursuant to IC 13-30-4-1, Respondent is
assessed and agrees to pay a civil penalty of Thirteen Thousand Dollars ($13,000.00).
Said penalty amount shall be due and payable to the “Environmental Management
Special Fund” within thirty (30) days of the Effective Date; the thirtieth day
being the “Due Date.”
8.
The civil penalty is payable by check to the
“Environmental Management Special Fund.” Checks shall include the Case Number
of this action and shall be mailed to:
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Indiana
Department of Environmental Management |
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Accounts
Receivable |
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IGCN,
Room 1340 |
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100
North Senate Avenue |
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Indianapolis,
IN 46204 |
9.
In the event that the monies
due to IDEM pursuant to this Agreed Order are not paid on or before their Due
Date, Respondent shall pay interest on the unpaid balance at the rate
established by IC 24-4.6-1. The interest shall be computed as having accrued
from the Due Date until the date that Respondent pays any unpaid balance. Such interest shall be payable to the Environmental
Management Special Fund and shall be payable to IDEM in the manner specified in
Paragraph 8, above.
10.
Signatories to this Agreed Order certify that
they are fully authorized to execute this Agreed Order and legally bind the
party they represent.
11.
This Agreed Order shall apply to and be binding
upon Respondent and all successors and assigns. Respondent shall provide a copy
of this Agreed Order, if in force, to any subsequent owners, successors, or
assigns before ownership rights are transferred.
12.
No change in ownership, corporate, or
partnership status of Respondent shall in any way alter the Respondent’s status or responsibilities under this
Agreed Order.
13.
Respondent shall ensure that all contractors,
firms, and other persons performing work under this Agreed Order comply with
the terms of this Agreed Order.
14.
In the event that any terms of
this Agreed Order are found to be invalid, the remaining terms shall remain in
full force and effect and shall be construed and enforced as if this Agreed
Order did not contain the invalid terms.
15.
This Agreed Order is not and shall not be
interpreted to be a permit or a modification of an existing permit. This Agreed
Order, and IDEM’s review or approval of any submittal made by Respondent
pursuant to this Agreed Order, shall not in any way relieve Respondent of the obligation
to comply with the requirements of any applicable permits or any applicable
Federal or State laws or regulations.
16.
Complainant does not, by its approval of this
Agreed Order, warrant or aver in any manner that Respondent’s compliance with
any aspect of this Agreed Order will result in compliance with the provisions
of any permit, order, or any applicable Federal or State law or regulation.
Additionally, IDEM or anyone acting on its behalf shall not be held liable for
any costs or penalties Respondent may incur as a result of
Respondent’s efforts to comply with
this Agreed Order.
17.
Nothing in this Agreed Order shall prevent or
limit IDEM’s rights to obtain penalties or injunctive relief under any
applicable Federal or State law or regulation, except that IDEM may not, and
hereby waives its right to, seek additional civil
penalties for the violations
specified in the NOV.
18.
Nothing in this Agreed Order shall prevent IDEM
or anyone acting on its behalf from communicating with the U.S. Environmental
Protection Agency (U.S. EPA) or any other agency or entity about any matters
relating to this enforcement action. IDEM or anyone acting on its behalf shall
not be held liable for any costs or penalties Respondent may incur as a result of such communications with the U.S. EPA or any
other agency or entity.
19.
This Agreed Order shall remain in effect until
IDEM issues a Resolution of Case letter to Respondent.
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TECHNICAL
RECOMMENDATION: |
RESPONDENT: |
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Department
of Environmental Management |
Raytheon
Technologies Corporation |
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By:
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By: _________________________ |
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Jennifer Reno, Section Chief |
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Enforcement Section |
Printed:
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Office of Land Quality |
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Title:
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Date:
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Date:
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COUNSEL
FOR RESPONDENT: |
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By:
________________________ |
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Date:
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APPROVED
AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL |
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MANAGEMENT THIS |
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For
the Commissioner: |
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Signed 7/12/2021 |
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Peggy
Dorsey, Assistant Commissioner |
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Office
of Land Quality |
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