Document 5kgr4yKK0eG1jqEoqpw3G9aOJ
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 4
ATLANTA FEDERAL CENTER 61 FORSYTH STREET
ATLANTA, GEORGIA 30303-8960
ELECTRONIC MAIL CONFIRMATION OF RECEIPT EMAIL REQUESTED
Mr. Joe Pound EHS Manager Lanxess Solutions US Inc. 214 West Ruby Avenue Gastonia, North Carolina 28054 Joseph.Pound@lanxess.com
SUBJ: Request for Information Lanxess Solutions US Inc., EPA ID: NCD003164464
Dear Mr. Pound:
On September 22, 2020, the U.S. Environmental Protection Agency, along with the North Carolina Department of Environmental Quality (NCDEQ), conducted a RCRA compliance evaluation inspection (CEI) at Lanxess Solutions US Inc. (Lanxess) located in Gastonia, North Carolina to determine the facility's compliance status with the Resource Conservation and Recovery Act (RCRA) and North Carolina Solid Waste Management Law, N.C.G.S. 130A-17 to 28 and 130A-290 to 310.22 and applicable regulations.
Pursuant to Section 3007 of RCRA, 42 U.S.C. 6927, Lanxess management is hereby directed to respond, fully and truthfully, within thirty (30) calendar days of receipt of this letter, to the Information Request enclosed herein as Enclosure C (subject to the Instructions in Enclosure A, and the Definitions in Enclosure B). Compliance with this request for information is mandatory, and information provided by Lanxess may be used by the EPA in future enforcement actions. Failure to respond fully and truthfully to each and every question or information request by January 26, 2021, or to adequately justify such failure to respond, may result in further enforcement action against Lanxess by the EPA pursuant to Section 3008 of RCRA, 42 U.S.C. 6928.
Your response to this request for information should be emailed to Brooke York at York.Brooke@epa.gov.
The information requested herein must be provided notwithstanding its possible characterization as confidential information or trade secrets. Lanxess may, if desired, assert a business confidentiality claim covering part or all of the information requested, in the manner described in 40 C.F.R. 2.203(b), by attaching to such information, at the time it is submitted, a suitable notice employing language such as trade secret or proprietary or company confidential. Information covered by such a claim will be disclosed by the EPA only to the extent and only by means of the procedures set forth in 40 C.F.R.
Part 2, Subpart B. If no such claim accompanies the information when it is received by the EPA, it may be made available to the Public by the EPA without further notice to Lanxess. The EPA will construe the failure to furnish a confidentiality claim with your response to this letter as a waiver of that claim. Lanxess should read the above cited regulations carefully before asserting a business confidentiality claim, since certain categories of information are not properly the subject of such a claim.
This Information Request is not subject to the approval requirement of the Paper Reduction Act of 1980, 44 U.S.C. 3501 et seq.
Should you have any questions on this matter, please contact Brooke York of my staff by phone at (404) 562-8025 or by email at York.Brooke@epa.gov.
Sincerely,
Digitally signed by
KIMBERLY KIMBERLY BINGHAM
BINGHAM Date: 2021.01.14 09:59:38 -05'00'
Kimberly L. Bingham Chief Chemical Safety and Land Enforcement Branch
Enclosure
ENCLOSURE A
Instructions:
INFORMATION REQUEST
1. Identify the person(s) responding to these Information Request questions on behalf of Respondent.
2. A separate response must be made to each of the Information Requests set forth herein.
3. Precede each answer with the number of the Information Request to which it corresponds.
4. In answering each Information Request question, identify all documents and persons consulted, examined, or referred to in the preparation of each response and provide true and accurate copies of all such documents.
5. If information not known or not available to you as of the date of submission of a response to this Information Request should later become known or available to you, you must supplement your response to the EPA. Moreover, should you find at any time after the submission of its response that any portion of the submitted information is false or misrepresents the truth; you must notify the EPA thereof as soon as possible.
6. For each document produced in response to this Information Request, indicate on the document, or in some other reasonable manner, the number of the question to which it responds.
7. Where specific information has not been memorialized in a document, but is nonetheless responsive to the Request, you must respond to the question with a written response.
8. If information responsive to this Information Request is not in your possession, custody or control, then identify the person from whom such information may be obtained.
9. If you have reason to believe that there may be persons able to provide a detailed or complete response to any Information Request question or who may be able to provide additional responsive documents, identify such persons and the additional information or documents that they may have.
10. The information requested herein must be provided even though the Respondent may contend that it includes possibly confidential information or trade secrets. You may, if you desire, assert a confidentiality claim covering part or all of the information requested, pursuant to Section 3007(b) of RCRA, 42 U.S.C. Section 6927(b), Sections 104(e)(7)(E) and (F) of CERCLA, 42 U.S.C. Sections 9604(e)(7)(E) and (F), and 40 C.F.R. Section 2.203(b), by attaching to such information at the time it is submitted, a cover sheet, stamped or typed legend, or other suitable form of notice employing language such as trade secret, or proprietary, or company confidential. Information covered by such a claim will be disclosed by the EPA only to the extent, and only by means, of the procedures set forth in statutes and regulation set forth above. If no such claim accompanies the information when it is received by the EPA, it may be made available to the public by the EPA without further notice to you. You should read the above cited regulations carefully before asserting a business confidentiality claim, since certain categories of information are not properly the subject of such a claim.
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ENCLOSURE B
INFORMATION REQUEST
Definitions:
The following definitions shall apply to the following words as they appear in this Enclosure.
1. The terms AND and OR shall be construed either disjunctively or conjunctively as necessary to bring within the scope of this Information Request any information which might otherwise be construed to be outside their scope.
2. The term DISPOSAL shall mean the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste or hazardous waste into or on any land or water so that such solid waste or hazardous waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any water, including groundwater.
3. The term DOCUMENT and DOCUMENTS shall include writings of any kind, formal or informal, whether or not wholly or partially in handwriting (including by way of illustration and not by way of limitation), any invoice, receipt, endorsement, check, bank draft, canceled check, deposit slip, withdrawal slip, order, correspondence, record book, minutes, memorandum of telephone and other conversations including meetings, agreements and the like, diary calendar, desk pad, scrapbook, notebook, bulletin, circular, form, pamphlet, statement, journal, postcard, letter, telegram, telex, report, notice, message, analysis, comparison, graph, chart, inter-office or intraoffice communications, photostat or other copy of any documents, microfilm or other film record, photograph, sound recording on any type of device, punch card, disc or disc pack, tape or other type of memory generally associated with computers and data processing (together with the programming instructions and other written material necessary to use punch card, disc, disc pack, tape or the type of memory) including; (a) every copy of each document which is not an exact duplicate of a document which is produced, (b) every copy which has any writing, figure, notation, annotation, or the like of it, (c) drafts, (d) attachments to or enclosures with any document, and (e) every document referred to in any other document.
4. The term FACILITY shall mean Lanxess located at 214 West Ruby Avenue, Gastonia, North Carolina 28054.
5. The term GENERATION shall mean any act or process which produces hazardous waste as identified or listed in 40 C.F.R. Part 261 or an act which first causes a hazardous waste to become subject to regulation.
6. The term HAZARDOUS SUBSTANCE means: (a) any substance designated pursuant to Section 311(b)(2)(A) of the Federal Water Pollution Control Act; (b) any element, compound, mixture, solution, or substance designated pursuant to Section 102 of CERCLA; (c) any hazardous waste having the characteristics identified under or listed pursuant to Section 3001 of RCRA (but not including any waste the regulation of which under RCRA has been suspended by Act of Congress); (d) any toxic pollutant listed under Section 307(a) of the Federal Water Pollution Control Act; (e) any hazardous air pollutant listed under Section 112 of the Clean Air Act; and (f) any imminently hazardous chemical substance or mixture with respect to which the Administrator of the EPA has taken action pursuant to Section 7 of the Toxic Substances Control Act. The term does not include petroleum, including crude oil or any fraction thereof which is not otherwise specifically listed or designated as a hazardous substance under subparagraphs (a) through (f) of this paragraph, and the term does not include natural gas, natural gas liquids, liquefied natural gas,
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ENCLOSURE B
or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas). HAZARDOUS SUBSTANCE shall include any mixtures of such hazardous substances with any other substances including petroleum products.
7. The term HAZARDOUS WASTE means a hazardous waste as defined in 40 C.F.R. 261.3.
8. The term IDENTIFY means, with respect to a natural person, to set forth the person's name, present or last known business address and business telephone number, present or last known home address and home telephone number, and present or last known job title, position or business.
9. The term IDENTIFY means, with respect to a corporation, partnership, business trust or other associate of a business entity (including a sole proprietorship), to set forth its full name, address, legal form (e.g., corporation, partnership, etc.), organization, if any, and a brief description of its business.
10. The term IDENTIFY means, with respect to a document, to provide its customary business description, date, number, if any (invoice or purchase order number), the identity of the author, addressor, addressee and/or recipient, and the substance or the subject matter.
11. The term PERSON includes, in the plural as well as the singular, any natural person, firm, unincorporated associate partnership, corporation, trust or other entity.
12. The term POLLUTANT or CONTAMINANT shall include, but not be limited to, any element, substance, compound or mixture, including disease-causing agents, which after release into the environment and upon exposure, ingestion, inhalation, or assimilation into any organism, either directly from the environment or indirectly by ingestion through food chains, will or may reasonably be anticipated to cause death, disease, behavioral abnormalities, cancer, genetic mutation, physiological malfunctions (including a malfunction in reproduction) or physical deformation in such organisms or their offspring; except that the term POLLUTANT or CONTAMINANT shall not include petroleum, including crude oil or any fraction thereof which is not otherwise specifically listed or designated as a hazardous substance under subparagraphs (a) through (f) of Definition 5 above, and shall not include natural gas, liquefied natural gas, or synthetic gas of pipeline quality (or mixtures of natural gas and such synthetic gas). POLLUTANT or CONTAMINANT shall include any mixtures of such pollutant and contaminants with other substances, including petroleum products.
13. The term RELEASE shall include any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment, including the abandonment or discharging of barrels, containers, and other closed receptacles containing any hazardous substance or pollutant or contaminant.
14. The term TRANSACTION or ARRANGEMENT shall mean every separate agreement, act, deal, instance or occurrence.
15. The term YOU or RESPONDENT shall mean the addressee of this Information Request, the addressee's officers, managers, employees, contractors, trustees, successors, assigns, and agents.
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ENCLOSURE C
INFORMATION REQUEST
1. Please provide a list of all containers in the Nonhazardous Waste Storage Area at the time of the CEI. This list must include, but is not limited to, the size and type of container, the words on the label, the profile associated, analysis, date the waste was generated, and a brief description of the process that generated the waste. Below is an example of what an appropriate response to this request may look like:
Number
Container
Label
Profile
Analysis
Description of
of
Size Type*
Process
Containers
Generating Waste
and Date
20
250- TP MDI Strippings
CH450037 Date of
1/1/2020 - A brief
gallon
MDI
analysis
description of the
Unreacted and
process generating
(MDI
reference to the waste. Please
Strippings) its location ensure that the
in this
process
response information is
included in the
response to Item 3
of this request.
10
250- TP Department: AV
SDS and Off specification
gallon
Tank Farm -
CH1234567 chemical product from Tank
Isocyante
analysis
X. Removed
Sub category: Raw
attached during cleanout on
Material
date.
Product/Lot: D-200
(MDI) Storage
Tanks
Reason: Off-Color
Composition:
Isocyanate
Net Weight: KG
Date: 2/3/2020
*The type of container as described in the instruction for completing the Uniform Hazardous
Waste Manifest, which can be found at https://www.epa.gov/sites/production/files/2020-
04/documents/manifest_instructions_web.pdf.
2. Please provide documentation of the disposition/disposal of any of the waste identified in response to Enclosure C, Item 1 of this request.
3. Please Provide the Safety Material Data Sheets for: a. D-200 (MDI) - Isocyante; b. E300; and c. TDI.
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ENCLOSURE C
4. Please provide process information, including but not limited to process flow diagrams, raw materials, waste produced and product from each process.
5. Please complete the blank cells in the "Training Records" (use track changes) document, provided in Enclosure D of this request, and provide supporting information. Enclosure D, "Training Records," has been derived from the Training Records provided to the EPA.
6. Please provide the Certificates for annual refresher training for Joe Pound for the last three years.
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Employee Joseph Marlon Dana Andrew Brownell Paul Jonathan Christa Matt Nigel LaQuan Justin Jonathan W Danny Christa Tim Randy Travis Erick Zachery Danny McDaniel Cameron/Garner Shawn B Haley Joseph Paul Ronnie Todd Orlando Jeff Kevin Shawn Sandy Beth Nicole Daron Joe John
Name Adams Alexander Atchley Atchley Baker Black Boldins Brame Brewer Brown Burge Burris Byers Cal Cardwell Cave Charles Cline Cole Collins Cooper Cordell Daley Davis Dennis Dixon Einten Fails Farly Flowers Flowers Floyd Foster Frazier Gilbert Gilmore Glance Gleason Hillman Hiteshue Holloway
ENCLOSURE D
Start
End
Date 2017 Date 2018 Date 2019 Date 2020 Date Date
7/17/2019
6/13/2018 7/10/2019
7/12/2017 6/13/2018 7/17/2019
6/26/2018 7/10/2019 9/21/2020
7/12/2017 6/26/2018
7/12/2017 6/13/2018 7/10/2019
9/21/2020
6/13/2018
7/12/2017 6/26/2018 7/17/2019
7/19/2017 6/26/2018
9/28/2017
1/3/2018
8/22/2019
9/21/2020
2/27/2012
6/27/2018 8/21/2019 9/21/2020
7/19/2017
7/19/2017 6/26/2018 7/10/2019 9/21/2020
7/19/2017 6/26/2018 8/23/2019
7/19/2017 11/15/2018
7/19/2017 6/26/2018 7/17/2019
12/5/2017 7/12/2018
7/12/2017 6/13/2018
7/12/2018
11/14/2018
7/19/2017 6/13/2018 7/17/2019
12/5/2017 6/13/2018 8/27/2019
7/16/2002 7/18/2017 6/26/2018
6/26/2018
7/19/2017 6/26/2018
9/18/2020
7/19/2017 7/13/2018 7/10/2019
10/2/2000 7/19/2017 7/11/2018 8/21/2019 9/21/2020
7/19/2017 6/26/2018
7/12/2017
7/10/2019 9/18/2020
8/10/2017 6/26/2018 7/10/2019 9/18/2020
9/21/2020
9/21/2020
10/25/2017 6/26/2018 7/17/2019
7/12/2017 6/13/2018 7/10/2019
6/13/2018 7/10/2019
7/12/2017 6/26/2018
7/12/2017 6/26/2018 8/21/2019
7/12/2017 6/13/2018 7/10/2019 9/18/2020
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Employee Dennie Karim Michael Gary Eric Terrence Reginald Sidney Anne Darrick Dave Donnie Stephen Jay Zaccn Stephen Demario James Steve Lenzey Lisa Ronald Danielle Michael Jeannie Prakash Melvin Darrien Michael Lee Brett Cortney Joe Travis James Travis William Rod Jake Sydney Curtis Steve
ENCLOSURE D
Start
End
Name
Date 2017 Date 2018 Date 2019 Date 2020 Date Date
Hoover
7/12/2017
7/10/2019 9/18/2020
Houser
8/28/2017 6/13/2018
Huffstisler
7/12/2017 6/15/2018 7/17/2019
Humphries
7/12/2017 6/26/2018 8/21/2019 9/18/2020
Johnson
7/12/2017
Johnson
12/8/2018
Joseph
6/13/2018 8/22/2019
Kanouse
7/12/2017 6/26/2018 7/17/2019 9/18/2020
Knight
7/19/2017 6/26/2018 7/10/2019 9/22/2020
Leach
7/10/2019 9/21/2020
Martin
7/19/2017 6/26/2018 7/17/2019
Mayhue
7/12/2017 7/12/2018
McCarthy
6/13/2018
McKown
7/19/2017
McNair
9/21/2020
Milard
7/12/2017
9/18/2020?
Moore
12/23/2017 11/14/2018 10/19/2019
Murphy
7/12/2017 6/13/2018 7/10/2019 9/18/2020
Nations
7/19/2017 6/13/2018
Nichols
7/12/2017 6/26/2018 7/10/2019 9/21/2020
Nicholson
7/19/2017 6/13/2018 7/10/2019
Nicholson
7/19/2017 7/11/2018 8/23/2019
Nixon
7/12/2017
Nixonl
6/13/2018
Overby
7/12/2017 6/13/2018 7/10/2019 9/22/2020
Palepu
7/1/2018 8/20/2019
Parker
6/26/2018 7/17/2019
Payne
7/12/2017 6/26/2018 7/10/2019 9/21/2020
Peak
7/12/2017 6/26/2018 8/23/2019 9/21/2020
Pearson
7/19/2017 6/26/2018 7/10/2019 9/21/2020
Perkins
6/13/2018 7/10/2019 9/21/2020
Pound
3/23/2010 7/19/2017 6/13/2018 7/10/2019 9/18/2020
Prater
9/21/2020
Pressly
7/12/2017
Ramsey
7/12/2017 6/26/2018
Ramsey
7/12/2017
Rapp
7/12/2018 7/10/2019
Robinson
7/12/2017 6/13/2018 7/17/2019 9/18/2020
Robinson
9/21/2020
Ross
7/12/2017 6/26/2018 8/26/2019
Ruff
7/12/2017 6/26/2018 9/5/2019
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Employee Joe Candy Reine Katelyn Scott Phil James James Ronald Billy Jesse Curtis Joseph Paul Randy
ENCLOSURE D
Start
End
Name
Date 2017 Date 2018 Date 2019 Date 2020 Date Date
Shull
7/19/2017
Skidmore
7/12/2017 6/13/2018 7/10/2019
Smirz
7/12/2017 6/13/2018 7/17/2019
Snycler
9/21/2020
Stacy
7/12/2017 6/26/2018 8/23/2019 9/18/2020
Trantham
7/12/2017 7/12/2018
Tyler
7/19/2017 6/29/2018 8/23/2019
Urbanowicz
8/14/2017 8/2/2018 9/13/2019
Wallace
7/12/2017 6/13/2018 7/10/2019 9/21/2020
Walters
7/12/2017
Welch
7/12/2017 11/13/2018
Williams
8/11/2017 6/26/2018
9/18/2020
Williams
7/12/2017 11/14/2018 7/10/2019 9/18/2020
Williams
7/12/2017 7/11/2018 7/17/2019
Yelton
6/28/1993 7/19/2017 6/26/2018 8/21/2019 9/18/2020
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