Contact: Richard Mylott, mylott.richard@epa.gov
DENVER (December 7, 2023) -- Today, EPA and the U.S. Department of Justice announced a settlement with Heritage-Crystal Clean, LLC (HCC) to resolve pending claims of the United States on behalf of the U.S. Environmental Protection Agency (EPA), the Louisiana Department of Environmental Quality (LDEQ), and the State of Indiana for violations of requirements governing management of hazardous waste, as well as a violation of used oil management requirements, at current or former HCC facilities located in Indianapolis, Indiana; Shreveport, Louisiana; Atlanta, Georgia; Fairless Hills, Pennsylvania; and Denver, Colorado.
Under the settlement, HCC commits to pay civil penalties totaling $1,162,500 and to implement various measures to ensure that HCC facilities will not treat, store or dispose of parts-washing solvents that qualify as hazardous waste unless and until HCC receives a hazardous waste permit authorizing it to manage hazardous waste. Plaintiffs estimate that the compliance measures required under the settlement will cost at least $1,628,502.
“This settlement reflects our commitment to protecting communities, including North Denver, from the potential risk of exposure to hazardous chemicals,” said Suzanne Bohan, director of EPA Region 8’s Enforcement and Compliance Assurance Division. “HCC’s compliance actions will ensure the safe handling of solvents and reduce potential harm to people and the environment.”
“While federal law encourages responsible recycling of hazardous waste, recyclers must still comply with legal requirements designed to ensure the health and safety of our communities,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division (ENRD). “This settlement reflects our commitment to ensuring that hazardous waste recycling operations are conducted in accordance with the Resource Conservation and Recovery Act and its regulations.”
In January 2022, a twenty-one-count complaint was filed against HCC in federal district court in the Northern District of Illinois under the Resource Conservation and Recovery Act (RCRA) and applicable state law. The complaint states that in the course of providing parts washing services to customers throughout the United States, HCC accepted some used solvent that qualified as hazardous waste, but HCC did not transport and manage those solvents in accordance with applicable hazardous waste management requirements.
Heritage-Crystal Clean, Denver facility
The proposed settlement includes the resolution of alleged violations and remedies associated with the Denver Heritage Crystal Clean (HCC) facility at 5221 Monroe Street, located in the North Denver-Commerce City area, a historically overburdened neighborhood. HCC delivers solvent products to area customers from this facility which are used for parts washing. HCC’s Denver facility then brings used solvent from its customers back to the facility for transfer to other HCC facilities for reclamation. The primary solvent (142 Mineral Spirits) managed at the facility is an organic solvent with a claimed flash point of 142 degrees. An EPA inspection found that containers with used 142 Mineral Spirits on site exceeded the regulatory limit for tetrachloroethylene, making the solvent a characteristic hazardous waste subject to specific RCRA requirements.
EPA has determined the Denver HCC facility is not handling hazardous spent 142 Mineral Spirits solvent according to RCRA requirements. Specifically, EPA found that HCC transported hazardous spent 142 Mineral Spirits solvent without documentation required by RCRA and stored the hazardous waste solvent at the Denver facility without first obtaining a permit. The settlement includes a sampling program to ensure hazardous wastes are properly identified and requires HCC to promptly remove any 142 solvent drums and consolidation containers with hazardous waste characteristics. The facility will manage such wastes in accordance with applicable hazardous waste requirements in the future.
National Settlement Details
The EPA/DOJ complaint states that HCC (1) transported hazardous waste without required hazardous waste manifests, (2) stored hazardous waste at various HCC facilities without required permits, (3) failed to make required hazardous waste determinations after mixing used solvents from different parts washing customers, (4) failed to comply with certain requirements for reducing air emissions from certain hazardous waste tanks and equipment, and (5) failed to maintain adequate secondary containment for certain hazardous waste tanks. The proposed settlement includes numerous other provisions specific to each facility, as well as provisions that require HCC to distribute educational materials to parts-washing customers in specified circumstances, and provisions for HCC to retain a third party to conduct audits at designated HCC facilities to ensure future compliance.
The five HCC facilities included in this settlement are recognized by EPA to be located within communities with potential environmental justice concerns. Nearby communities will benefit from the improved controls and new work practices that will be implemented at HCC facilities as required by the consent decree. These new controls and practices will reduce emissions of volatile organic compounds (VOCs) to neighboring communities and reduce risk of exposure by ensuring lower volumes of hazardous wastes are managed at these facilities.
The proposed consent decree, lodged in the U.S. District Court for the Northern District of Illinois, is subject to a 30-day federal public comment period and approval by the federal court. The consent decree can be viewed on the Department of Justice consent decrees website.
For more information about this settlement, please visit Heritage-Crystal Clean, LLC RCRA Settlement Information Sheet.