Document 9L4xGZkaZNMpxz3epJdwVD3wR

November 26, 2024 VIA ELECTRONIC MAIL Mr. Hector Ramos Director of Operations Henkel PR, Inc. Quillinchini Avenue 9 Sabana Grande, PR 00637 hector.ramos@henkel.com Resource Conservation and Recovery Act Section 3008 Notice of Violation: Henkel PR, Inc. facility with EPA ID: PRD090506239 Dear Mr. Ramos: The U.S. Environmental Protection Agency (EPA) is charged with the protection of human health and the environment under the Resource Conservation and Recovery Act (RCRA), 42 U.S.C. 6901 et seq. Pursuant to RCRA, as amended by the Hazardous and Solid Waste Amendments of 1984 (HSWA), EPA promulgated rules, regulations, and standards governing the handling and management of hazardous waste as set forth in 40 Code of Federal Regulations (C.F.R.) Parts 260-272. For the purposes of this Notice of Violation (NOV), the hazardous waste regulations governing the generation of hazardous waste were promulgated in 1980 and amended by HSWA in 1984. The Commonwealth of Puerto Rico is not authorized by the EPA to conduct a hazardous waste program and to enforce RCRA under Section 3006 of RCRA, 42 U.S.C. 6926. On or about August 7, 2024, a duly authorized representative of the EPA conducted a Compliance Evaluation Inspection (CEI) of Henkel PR, Inc., located at Quillinchini Avenue 9 Sabana Grande, Puerto Rico 00637 (Facility), pursuant to Section 3007 of RCRA, 42 U.S.C. 6927. As a result of the CEI, EPA representative found the Facility in violation of 40 C.F.R. 262.15(a)(5)(i)(ii) and 262.17(a)(7)(iv)-(B) of the RCRA Regulations. This NOV (Enclosure I) is issued pursuant to Section 3008 of the Solid Waste Disposal Act, as amended by RCRA and HSWA, 42 U.S.C. 6901 and 6928. Issuance of this NOV and compliance with its terms does not preclude EPA from taking formal enforcement action against you and/or your company, including a monetary penalty, under Section 3008 of RCRA, 42 U.S.C. 6928, or any other applicable regulation or statute. CITY VIEW PLAZA II BUILDING, 7TH FLOOR ROUTE 165 GUAYNABO, PR 00968 If you have not already done so, you must take immediate action to correct the violations described in Enclosure I. Please submit, within thirty (30) days of the receipt of this letter, a response which includes (1) a description of the actions you have taken to correct the violations noted in Enclosure I, (2) documentation that the violations have been corrected, and (3) a description of the procedures that will be put into place to prevent such violations from occurring in the future. For consistency, please provide your answers in a format which is keyed to the sections as outlined in Enclosure II to this letter. Your response to the information request in Enclosures I and II must be sent through email to the following email address vazquez.khrystian@epa.gov and can also be mailed to the following address: Khrystian M Vazquez, Enforcement Officer Response and Remediation Branch Caribbean Environmental Protection Division US Environmental Protection Agency City View Plaza II, Suite 7000 #48 PR-165 Km 1.2 Guaynabo, Puerto Rico 00968-8069 Failure to respond in full to the above requirements may result in federal enforcement action pursuant to Section 3008 of RCRA, 42 U.S.C. 6928, including the assessment of a monetary penalty. If you have any questions or need any additional information, please feel free to contact Carmen Guerrero, Director of the Caribbean Environmental Protection Division, at (787) 977-5875 or guerrero.carmen@epa.gov, or have your staff contact Khrystian M. Vazquez, Environmental Scientist at vazquez.khrystian@epa.gov or (787) 977-5860. Sincerely, Digitally signed by HECTOR HECTOR VELEZ- CRUZ VELEZ-CRUZ Date: 2024.11.26 15:19:29 -04'00' Hctor L. Vlez Cruz Acting Director ENCLOSURE I. RCRA 3008 Notice of Violation cc: Lorna Rodriguez, Chief PRDNER, lornarodiguez@drna.pr.gov David N Cuevas Miranda, Supervisor USEPA, cuevas.david@epa.gov 2 ENCLOSURE I - RCRA 3008 NOTICE OF VIOLATION On August 7, 2024, a duly authorized representative of the U.S. Environmental Protection Agency (EPA) conducted a Resource Conservation and Recovery Act (RCRA) Hazardous Waste Compliance Evaluation Inspection (CEI) of Henkel PR Inc., located at Quillinchini Avenue 9, Sabana Grande, Puerto Rico 00637, pursuant to Section 3007 of RCRA, 42 U.S.C. 6927. As a result of the CEI, EPA has identified the following violations of the RCRA regulations. General (40 C.F.R. Part 262 Subpart A) 40 C.F.R. 262.15(a)(5)(i)(ii) (5) A generator must mark or label its container with the following: (i) The words "Hazardous Waste" and (ii) An indication of the hazards of the contents (examples include, but are not limited to, the applicable hazardous waste characteristic(s) (i.e., ignitable, corrosive, reactive, toxic); hazard communication consistent with the Department of Transportation requirements at 49 C.F.R. Part 172 Subpart E (labeling) or Subpart F (placarding); a hazard statement or pictogram consistent with the Occupational Safety and Health Administration Hazard Communication Standard at 29 C.F.R. 1910.1200; or a chemical hazard label consistent with the National Fire Protection Association code 704). At the time of the CEI the Bulk Anaerobic and Resin SAA had a secondary container labeled SAA for ANA with a HW labeled that read hazardous substance liquid n.o.s. (Chromium) (DBE waste). Characterization label was missing on the container. At the time of the inspection the key to unlock the padlock was not available 40 C.F.R. 262.17(a)(7)(iv)-(B) (A) The job title for each position at the facility related to hazardous waste management, and the name of the employee filling each job. (B) A written job description for each position listed under paragraph (a)(7)(iv)(A) of this section. This description may be consistent in its degree of specificity with descriptions for other similar positions in the same company location or bargaining unit, but must include the requisite skill, education, or other qualifications, and duties of facility personnel assigned to each position. At the time of the CEI the job descriptions of all SHE division office personnel lacked employee signature on the document. CITY VIEW PLAZA II BUILDING, 7TH FLOOR ROUTE 165 GUAYNABO, PR 00968