Did you read it?
The EPA's claims are long on rhetoric and short on substance.
The interesting claim is that the EPA has "found" "... traces of the solvent, which contains hexane, alcohol and methanol...outside the plant in a burn pit and in barrels."
"McNabb said the plant has no burn pit and that the barrels contained the old solvent."
The interesting thing about the hazardous waste regulations is that it ain't waste until the generator says its waste. So if he is storing solvent in barrels, and it isn't "waste", then it isn't a problem.
He is also allowed to store up to 1000 kilograms of hazardous waste prior to disposal as a Conditionally Exempt Small Quantity Generator, with no limit on how long he can store it, as long as he doesn't cross the 1000kg threshold.
As far as burn pits are concerned, with the vapor pressure of this material and its flamability, one would reasonably presume that tehre would be precious little alcohol or hexane in any "burn pit", even if there was one.
And, as anyone who knows the hazardous waste rules can tell you, a drum is "empty" when it contains less than 1 inch of residual material. And, 1 inch of hexane would certainly show up as "trace" while still not being hazardous waste. (It would be an "empty" drum and one would be expected to dispose of it as ordinary waste, as "industrial waste" or "special waste", depending on state regulations.)
And if you think about, why would anyone dump or burn hexane. All you really have to do is let it evaporate, which it does quickly. It is being done by countless others thru-out the county and the country with solvents less volitile than hexane.
The case against McNabb will turn on the records. How much came in thru the front door as material and how much went out the back door as waste.
It is not likely that he will be charged criminally. Any civil fines he may have to pay will be on top of the fines that he has imposed on himself