Document GK7JYqn6Zb7ogKvG3XOBZr3rm
RCRA Inspection Report
1) Inspector and Author of Report
Laurie Benton DiGaetano Environmental Engineer Phone: 404-562-8948 benton-digaetano.laurie@epa.gov
U.S. Environmental Protection Agency, Region 4 Enforcement and Compliance Assurance Division Chemical Safety and Land Enforcement Branch RCRA Enforcement Section 61 Forsyth Street, S.W. Atlanta, Georgia 30303
2) Facility Information
Decore-ative Specialites 701 Industrial Drive Monroe, North Carolina 28110
EPA ID#: NCR000162503 NAICS #: 32121 - Veneer, Plywood and Engineered Wood Product Manufacturing
3) Responsible Officials
J.P. Helms Facilities Manager jhelms@decore.com
4) Inspection Participants
Rosita Vazquez, Decore-ative Specialties Mitch Bock, Decore-ative Specialties
Rose Pruitt, NCDEQ Laurie Benton DiGaetano, USEPA
5) Date and Time of Inspection
October 4, 2023, at 9:05 AM 6) Applicable Regulations1
Resource Conservation and Recovery Act (RCRA) Sections 3002 (42 U.S. Code - Annotated U.S.C.A. 6925 and 6927), and 40 Code of Federal Regulation (C.F.R.) Parts 260 - 270, 273, 278, & 279; the North Carolina Solid Waste Management Law, N.C.G.S. 130A-17 to-28 and 130A-290to -310.22; and North Carolina Hazardous Waste Management Rules, 15A NCAC 13A .0101 to .0119
Pursuant to 15A NCAC 13A .0102(b) [40 C.F.R. 260.10], a small quantity generator of hazardous waste (SQG) is a generator who generates greater than 100 kilograms (220 pounds) but less than 1,000 kilograms (2,200 pounds) of non-acute hazardous waste in a calendar month.
Pursuant to 15A NCAC 13A .0102(b) [40 C.F.R. 260.10], a large quantity generator of hazardous waste (LQG) is a generator who generates greater than or equal to 1,000 kilograms (2,200 pounds) of non-acute hazardous waste in a calendar month.
Pursuant to 15A NCAC 13A .0119(a) [40 C.F.R. 273.9], a small quantity handler of universal waste (SQHUW) is a universal waste handler who does not accumulate 5,000 kilograms or more
1 As the State's authorized hazardous waste program operates in lieu of the federal RCRA program, the citations of those authorized provisions will be to the authorized State program. However, for ease of reference, the federal citations will follow in brackets.
of universal waste (batteries, pesticides, mercury-containing equipment, lamps, or aerosol cans, calculated collectively) at any time.
Pursuant to 15A NCAC 13A .0107(a) [40 C.F.R. 262.15(a)], a generator may accumulate as much as 55 gallons of non-acute hazardous waste in containers at or near any point of generation where wastes initially accumulate, which is under the control of the operator of the process generating the waste, without a permit or without having interim status, as required by Sections 130A-294(c) and (g) of the NCSWML, N.C.G.S. 130A-294(c) to (g) [Section 3005 of RCRA, 42 U.S.C. 6925], and without complying with 15A NCAC 13A .0107(a) [40 C.F.R. 262.16(b) or 262.17(a)], except as required in 15A NCAC 13A .0107(a) [40 C.F.R. 262.15(a)(7) and (8)], provided that the generator complies with the satellite accumulation area conditions listed in 15A NCAC 13A .0107(a) [40 C.F.R. 262.15] (hereinafter referred to as the "SAA Permit Exemption").
Pursuant to 15A NCAC 13A .0107(a) [40 C.F.R. 262.16)], an SQG may accumulate hazardous waste on-site for 180 days or less without a permit or without having interim status, as required by Sections 130A-294(c) and (g) of the NCSWML, N.C.G.S. 130A-294(c) to (g) [Section 3005 of RCRA, 42 U.S.C. 6925], provided that the generator complies with the conditions listed in 15A NCAC 13A .0107(a) [40 C.F.R. 262.16] (hereinafter referred to as the "SQG Permit Exemption").
Pursuant to 15A NCAC 13A .0107(a) [40 C.F.R. 262.17], an LQG may accumulate hazardous waste on-site for 90 days or less without a permit or without having interim status, as required by Sections 130A-294(c) and (g) of the NCSWML, N.C.G.S. 130A-294(c) to (g) [Section 3005 of RCRA, 42 U.S.C. 6925], provided that the generator complies with the conditions listed in 15A NCAC 13A .0107(a) [40 C.F.R. 262.17] (hereinafter referred to as the "LQG Permit Exemption").
7) Purpose of Inspection
The purpose of this inspection was to conduct an unannounced compliance evaluation inspection to determine compliance of Decore-ative Specialties with the applicable requirements of RCRA and the corresponding North Carolina regulations. This was an EPA lead inspection.
8) Facility Description
Decore-ative Specialties manufactures custom cabinet doors and components for residential kitchens, baths, closets, work areas, and garages. The corporation was established in 1965 and its main office is located in Monrovia, California. Decore-ative Specialties currently operates two manufacturing plants in Irwindale, California, one manufacturing plant in Monroe, North Carolina, and one shipping and will-call warehouse for finished products in Elk Grove, California. Decore-ative Specialties manufactures wood products at the wood manufacturing plant in Irwindale, California and manufactures Deco-Foam products, which are constructed with Rigid Thermal Foils (RTF) applied to a composite core of Medium Density Fiberboard (MDF), at the former Laminate Plant in Irwindale, California. Decore-ative Specialties manufactures both wood products and Deco-Foam products and also operates a Solvent-Based Finishing Program at the subject plant in Monroe, North Carolina.
In 1995, Decore-ative Specialties opened the subject facility, which occupies approximately 15 acres, and includes a 200,000 square foot building. The company has approximately 243
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employees at this location, and operations run on one production shift from 7:00 am until 6:30 pm, Monday through Friday. About 13 years ago, the company began a Solvent-Based Finishing Program in which primers, paints, stains and/or clear-coats are applied to cabinet parts at this location. The program includes one "Flat Line" for applying finishes with an automated machine, and four spray booths for applying finishes with manual spray guns. According to facility personnel, the facility uses only three of the four spray booths to apply finishes at any given time, uses two spray booths to apply water-based glue, uses one spray booth to apply a clear-coat finish, and uses two booths to sand components.
Decore-ative Specialties first notified as a small quantity generator (SQG) of hazardous waste on October 7, 2013, and renotified as an SQG again on August 19, 2021. According to hazardous waste manifest records, the facility has shipped an average of ten 55-gallon drums of unused paint, line flush and spray gun cleanout liquids as D001, D035, F003, F005 hazardous waste paint related material (methyl ethyl ketone, acetone) and one drum of spray booth filter media and clean-up rags as D001, D035, F003, F005 hazardous waste paint related solids every two months since July 2021.
9) Previous Inspection History
The North Carolina Department of Environmental Quality (NCDEQ) has only conducted one previous RCRA CEI at the subject facility on October 31, 2013, and found no apparent violations during that inspection.
10) Opening Conference
On October 4, 2023, EPA inspector Laurie Benton DiGaetano, accompanied by NCDEQ inspector Rose Pruitt, arrived at Decore-ative Specialties at approximately 9:00 AM. Mitch Bock, Fabrication Manager, immediately received the inspectors. Mitch Bock and the inspectors were joined by Rosita Vazquez, HR, Safety and Training Manager, for the opening conference. The inspectors introduced themselves, showed their credentials to Mitch Bock, and explained the purpose of the visit.
The inspectors described the anticipated use of equipment (digital camera) during the inspection and provided a request for records. The EPA inspector explained that the Small Business Regulatory Enforcement Fairness Act's classification of a "small business" is generally set by the Small Business Administration using the business' SIC/NAICS code and annual receipts or number of employees. A copy of the EPA's information sheet for small businesses can be found at https://www.epa.gov/sites/production/files/2017-06/documents/smallbusinessinfo.pdf. The EPA inspector also discussed the company's ability, pursuant to 40 C.F.R. 2.203, to assert a business confidentiality claim for information submitted to EPA. The company did not assert a business confidentiality claim.
Mitch Bock and Rosita Vazquez provided an overview of the facility's history and current operations during the opening conference. The inspection participants also discussed health and safety protocols and required personal protective equipment before Mitch Bock and Rosita Vazquez led the inspectors on a tour of the Facility operations. Although J.P. Helms, Facility Manager, was not present during the inspection, Mitch Bock and Rosita Vazquez indicated that they consulted with him when trying to locate some of the requested records.
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11) Inspection Observations
Waste Profiles, Manifests and Land Disposal Restriction (LDR) Records:
Decore-ative Specialties maintains a well-organized system for maintaining hazardous and nonhazardous waste profile records. The inspectors reviewed the waste determination and management records provided for the following waste streams that were identified by the facility:
Waste Profiles
Waste Paint Related Material D001, D035, F003, F005
Paint Waste: Paint no longer used, line flush, and spray gun cleanout
Waste flammable solids D001, D035, F003, F005
Filter Media: Overspray of paint waste
Waste paint related material D001, D035, F003, F005
Oily Rags and Paint Waste
Waste Flammable Liquid (MEK) Paint Clean Up: Paint spilled and absorbed with various
D001, D035
media.
Waste Paint Related Residue D001, D035
Paint Cans
Aerosols D001
Old aerosol cans for disposal
Universal Waste Batteries
Lead Acid Batteries
Universal Waste Lamps
Fluorescent Lamps
Universal Waste Batteries
NiCad Batteries
Universal Waste Lamps
HID Bulbs
Universal Waste Mercury Device Mercury Device
Non-Regulated
Lithium Batteries
Non-Regulated
RCRA-Empty drums and totes
Non-Regulated
E-Waste
Non-Regulated
Broken Fluorescent Lamps: Incidental or accidental breakage for change out of light bulbs
Non-Regulated
Alkaline Batteries
Non-Hazardous
Oil and Water
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Non-Hazardous
Oil Absorbents
Non-Hazardous
Latex Paint Cans
Note that the EPA added hazardous waste aerosol cans to the list of universal wastes regulated under the RCRA regulations in 2019. As a result, Decore-ative Specialties may elect to manage their D001 hazardous waste aerosol cans under the streamlined regulations for universal waste aerosol cans found in 40 C.F.R. Part 273. In addition, most lithium-ion batteries (secondary batteries) and lithium primary batteries are likely to be hazardous waste due to ignitability and reactivity (D001 and D003). Because it can be difficult for a generator to identify which of its used lithium batteries are hazardous waste when disposed of, the EPA recommends that businesses consider managing all of their used lithium batteries as universal waste batteries. Finally, broken fluorescent lamps release mercury and it is possible that waste generated from the incidental or accidental breakage from changing out of light bulbs may exhibit the characteristic of toxicity.
The inspectors reviewed available hazardous waste manifest records and land disposal restriction forms for shipments of hazardous waste sent since July 2021. Hazardous waste manifest records indicate that the total quantity of hazardous waste shipped offsite exceeded 16,000 kilograms during calendar year 2021, exceeded 12,000 kilograms during calendar year 2022, and exceeded 8,000 kilograms during the first eight months of calendar year 2023. Therefore, it appears that the facility generated over 1,000 kilograms of hazardous waste in one or more calendar months during calendar years 2021, 2022 and 2023. Decore-ative Specialties has not renotified as a large quantity generator (LQG) of hazardous waste and has not submitted a biennial report for calendar year 2021.
Pursuant to 15A NCAC 13A .0107(a) [40 C.F.R. 262.13(a) and (e)] a generator must determine its generator category by counting the total amount of hazardous waste generated in the calendar month; subtracting from the total any amounts of waste except from counting; and determining the resulting generator category for the hazardous waste. Based on the generator category, the generator must meet the applicable independent requirements listed in 15A NCAC 13A .0107(a) [40 C.F.R. 262.10]. A generator's category also determines which of the provisions of 15A NCAC 13A .0107(a) [40 C.F.R. 262.14, 262.15, 262.16 or 262.17] must be met to obtain an exemption from the storage facility permit, interim status, and operating requirements when accumulating hazardous waste.
Pursuant to 15A NCAC 13A .0107(a) [40 C.F.R. 262.18(d)(2)], an LQG must renotify by March 1 of each even-numbered year using EPA Form 8700-12.
Pursuant to 15A NCAC 13A .0107(d) [40 C.F.R. 262.41], a generator who is an LQG for at least one month of an odd-numbered year (reporting year) who ships any hazardous waste off-site to a treatment, storage or disposal facility within the United States must complete and submit EPA Form 8700-13 A/B to the Secretary of the Department of Environmental Quality by March 1 of the following evennumbered year and must cover generator activities during the previous year.
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Flat Line Automated System Satellite Accumulation Area (SAA):
Most hazardous wastes managed at the facility are generated by the Solvent-Based Finishing Program, and the facility manages one SAA next to the Flat Line automated system to accumulate hazardous waste liquids generated during the operation, cleaning, and maintenance of that system. The inspectors observed one 55-gallon drum on a portable secondary containment pallet in this SAA (Photo 1). Spent solvents and waste paint related liquids generated in the Flat Line automated system are pumped directly from the system and into this 55-gallon drum. The drum was closed, it was labeled as D001, D035, F003, F005 hazardous waste paint related material and it was marked to indicate that its contents are flammable liquids. However, it was not marked to indicate that its contents exhibit the hazardous waste characteristic of toxicity.
Pursuant to 15A NCAC 13A .0107(a) [40 C.F.R. 262.15(a)(5)], which is a condition of the SAA Permit Exemption, a generator is required to mark or label its containers with an indication of the hazardous of the contents.
Manual Finishing Application SAA:
The facility manages a second SAA to accumulate hazardous waste liquids generated during the operation, cleaning, and maintenance of the manual spray booths. The inspectors observed a onegallon flip-top flammable can at each of three manual spray booths and one two-gallon flip-top flammable can on a workbench near the Flat Line Automated System. These containers are used to accumulate spent solvents generated by flushing spray guns and cleaning equipment used in the Solvent-Based Finishing Program. None of the containers were labeled with the words hazardous waste or with an indication of the hazards of its contents. The inspectors also observed one 55-gallon drum on a portable secondary containment pallet next to a support pillar (Photo 2). The drum was equipped with a funnel and spent solvents and waste paint related liquids generated in the SAA are poured through the funnel through the large bung and into the 55gallon drum. Although the funnel was in the closed position, the smaller bung on the top of the drum was not closed (Photo 3). The drum was labeled as D001, D035, F003, F005 hazardous waste paint related material and it was marked to indicate that its contents are flammable liquids. However, it was not marked with an indication of the toxic hazard of its contents.
Pursuant to 15A NCAC 13A .0107(a) [40 C.F.R. 262.15(a)(4)], which is a condition of the SAA Permit Exemption, a generator is required to keep containers of hazardous waste closed at all times during accumulation, except when adding, removing, or consolidating waste; or when temporary venting of a container is necessary for the proper operation of equipment, or to prevent dangerous situations, such as build-up of extreme pressure.
Pursuant to 15A NCAC 13A .0107(a) [40 C.F.R. 262.15(a)(5)], which is a condition of the SAA Permit Exemption, a generator is required to mark or label its containers with the words "hazardous waste," and with an indication of the hazardous of the contents.
Although hazardous waste generators may manage more than one container in the same SAA, please note that the SAA Permit Exemption limits the total volume of waste accumulated in each SAA at any given time to be no more than 55 gallons. Pursuant to 15A NCAC 13A .0107(a) [40 C.F.R. 262.15(a)(6)], a generator who accumulates hazardous waste in excess of 55 gallons
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must, with respect to that amount of excess waste, comply with 15A NCAC 13A .0107(a) [40 C.F.R. 262.17(a)] or remove the excess waste from the SAA within three consecutive calendar days. Although the total capacity of containers observed in the SAA for managing hazardous waste liquids that are manually generated by the Solvent-Finishing Program exceeded the 55gallon limit, the total volume of hazardous waste liquids observed in these containers appeared to be much less than 55 gallons at the time of the inspection.
Solvent Based Finishing Program Hazardous Waste Solids SAA:
Decore-ative Specialties has identified dirty rags or wipes generated by the Solvent-Based Finishing Program as D001, D035, F003, F005 hazardous waste solids, and the facility manages a SAA to accumulate dirty rags and wipes generated throughout the program. The inspectors observed at least seven flip-top flammable cans in this SAA (Photos 2 and 4). These containers were observed at each spray booth, near the Flat Line, and in the Color Mixing Booth. Personnel explained that the dirty rags and wipes are transferred from these flip-top cans and consolidated in a 55-gallon drum, which was observed at the central accumulation area. Each of the flip-top flammable cans in this SAA was labeled as oily waste, but none was labeled with the words hazardous waste or with an indication of the ignitable or toxic hazards of its contents.
Pursuant to 15A NCAC 13A .0107(a) [40 C.F.R. 262.15(a)(5)], which is a condition of the SAA Permit Exemption, a generator is required to mark or label its containers with the words "Hazardous Waste" and with an indication of the hazardous of the contents.
Although hazardous waste generators may manage more than one container in the same SAA, please note that the SAA Permit Exemption limits the total volume of waste accumulated in each SAA at any given time to be no more than 55 gallons. Pursuant to 15A NCAC 13A .0107(a) [40 C.F.R. 262.15(a)(6)], a generator who accumulates hazardous waste in excess of 55 gallons must, with respect to that amount of excess waste, comply with 15A NCAC 13A .0107(a) [40 C.F.R. 262.17(a)] or remove the excess waste from the SAA within three consecutive calendar days. Although the total capacity of containers observed in the SAA for managing hazardous waste solids that are generated by the Solvent-Finishing Program exceeded the 55-gallon limit, the total volume of hazardous waste solids observed in these containers appeared to be much less than 55 gallons at the time of the inspection.
Central Accumulation Area (CAA):
Decore-ative Specialties manages one hazardous waste CAA in the corner of the production area. Signs on the wall identify the area for hazardous waste storage, and the inspectors observed two 8'x4' secondary containment pallets in this area. Mitch Bock explained that hazardous waste had been shipped off-site on the day of the inspection, and the inspectors observed only one 55gallon drum in the CAA (Photo 5). This drum is used to consolidate dirty rags or wipes and contaminated filters generated in the Solvent-Based Finishing Program as hazardous waste solids. The drum was labeled with the words "hazardous waste," and marked to indicate that its contents are flammable solids. However, it was not marked to indicate that its contents are toxic or marked with an accumulation start date. The lid of the drum was sitting on top of the container, but it was not equipped with a ring or otherwise secured to the container.
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Pursuant to 15A NCAC 13A .0107(a) [40 C.F.R. 262.17(a)(5)(i)], which is a condition of the LQG Permit Exemption, a generator must mark or label its containers with an indication of the hazards of the contents and with the date upon which each period of accumulation begins clearly visible for inspection on each container.
Pursuant to 15A NCAC 13A .0107(a) [40 C.F.R. 262.17(a)(1)(iv)(A)], which is a condition of the LQG Permit Exemption, a container holding hazardous waste must always be closed during accumulation, except when it is necessary to add or remove waste.
Decore-ative Specialties manages ignitable hazardous waste in the CAA. Although the area is identified with signs that read "Danger" and "Flammable - Keep Fire Away," the inspectors did not observe a "No Smoking" sign.
Pursuant to 15A NCAC 13A .0107(a) [40 C.F.R. 262.17(a)(1)(vi)(B)], which is a condition of the LQG Permit Exemption, "No Smoking" signs must be conspicuously placed wherever there is a hazard from ignitable or reactive waste.
According to Mitch Bock, maintenance and forklift personnel working in the CAA carry twoway radios for summoning emergency assistance. The CAA is also equipped with portable fire extinguishers, spill control equipment, and decontamination equipment.
Universal Waste Management:
Decore-ative Specialties manages spent batteries and used fluorescent lamps as universal waste. Lead-acid batteries are used to power carts at the facility, and the inspectors observed four leadacid batteries in the maintenance area. Mitch Bock explained that these batteries had been removed so that the carts could be painted and that they will be placed back into the carts for continued use. The inspectors also observed two cardboard tubes along the wall near the maintenance area. Each container was labeled for accumulating used fluorescent lamps, but both containers were empty.
The inspectors observed two 5-gallon buckets for accumulating spent batteries and one spent lead-acid battery in the designated battery cage (Photo 6). One 5-gallon bucket was labeled for accumulating spent alkaline batteries as non-RCRA regulated corrosives, and the other was labeled for accumulating spent lithium batteries as non-RCRA regulated corrosives. The leadacid battery was marked with an accumulation start date of June 26, 2023, but it was not labeled as universal waste.
Pursuant to 15A NCAC 13A .0119(a) [40 C.F.R. 273.14(a)] A SQHUW must label or mark universal waste batteries (i.e., each battery), or a container in which the batteries are contained clearly with any one of the following phrases: "Universal Waste - Battery(ies)," or "Waste Battery(ies)," or "Used Battery(ies)."
Note that most lithium-ion batteries (secondary batteries) and lithium primary batteries are likely to be hazardous waste due to ignitability and reactivity (D001 and D003). Because it can be difficult for a generator to identify which of its used lithium batteries are hazardous waste when
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disposed of, the EPA recommends that businesses consider managing all of their used lithium batteries as universal waste batteries.
Used Oil Management:
Decore-ative Specialties manages used oil in a covered, caged area just outside of the building adjacent to the Air Compressor Room door (Photo 7). The inspectors observed one 55-gallon drum for accumulating oil absorbents. Although the drum was labeled for accumulating oil absorbents as nonhazardous waste, it was also identified with the original product labeling and flammable DOT hazard indicators associated with the nonreturnable clear coat product that was previously managed in the drum. The inspectors recommended removing or completely covering any labels or markings that are not related to the current contents of the drum.
The inspectors observed another 55-gallon drum for accumulating used oil in this area. The drum was located on a secondary containment pallet, and it was equipped with an open funnel. The drum was labeled as used oil and the inspectors observed one small container and one used oil filter inside the open funnel.
Solid Waste Dumpster:
The inspection participants observed one used aerosol can on the ground next to the facility's solid waste dumpster (Photos 8 and 9). According to the facility's waste profile records, Decoreative Specialties has identified used aerosol cans as hazardous waste exhibiting the characteristic of ignitability (D001). Mitch Bock estimated that the facility may generate approximately five used aerosol cans each week. The observed used aerosol can was not in a closed container identified for the accumulation of hazardous waste, and Mitch Bock stated that the facility generally disposes of old aerosol cans in the dumpster with regular industrial trash.
Pursuant to 15A NCAC 13A .0107(a) [40 C.F.R. 262.15(a)], which are the conditions for the SAA Permit Exemption, a generator may accumulate as much as 55 gallons of non-acute hazardous waste in containers at or near any point of generation where wastes initially accumulate, which is under the control of the operator of the process generating the waste.
Pursuant to 15A NCAC 13A .0107(a) [40 C.F.R. 262.10(a)(1)(iii)(D)-(F)] a person who generates hazardous waste as defined by 40 C.F.R. Part 261 is subject to all the applicable independent requirements under (D) Part 262 subpart B - Manifest requirements applicable to small and large quantity generators, (E) Part 262 subpart C - Pre-transport requirements applicable to small and large quantity generators, and (F) Part 262 subpart D - Recordkeeping and reporting applicable to small and large quantity generators.
Contingency Plan and Quick Reference Guide (QRG):
At the time of the inspection Decore-ative Specialties did not have a contingency plan or quick reference guide and did not have a written description to document any arrangements that may have been made with local emergency responders.
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Pursuant to 15A NCAC 13A .0107(a) [40 C.F.R. 262.17(a)(6)], which incorporates 15A NCAC 13A .0107(i) [40 C.F.R. 262.260], and is a condition of the LQG Permit Exemption, an LQG must have a contingency plan for the facility. The contingency plan must be designed to minimize hazards to human health or the environment from fires, explosions, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil, or surface water. Note also that 15A NCAC 13A .0107(a) [40 C.F.R. 262.260], also requires an LQG that first becomes subject to these provisions or is otherwise amending its contingency plan to submit a quick reference guide of the contingency plan to the local emergency responders or, as appropriate, the Local Emergency Planning Committee.
Pursuant to 15A NCAC 13A .0107(a) [40 C.F.R. 262.17(a)(6)], which incorporates 15A NCAC 13A .0107(i) [40 C.F.R. 262.256], and is a condition of the LQG Permit Exemption, an LQG must attempt to make arrangements with the local police department, fire department, other emergency response teams, emergency response contractors, equipment suppliers, and local hospitals, taking into account the types and quantities of hazardous waste handled at the facility.
Training Records:
Decore-ative Specialties did not have job title(s), job description(s), training requirements, or employee names for each position at the facility related to hazardous waste management. The inspectors reviewed records documenting that annual hazardous waste training had been completed by the Facility's Manager on September 9, 2020, August 26, 2021, and November 10, 2022, and that annual hazardous waste training had been completed by another employee with hazardous waste management duties on August 26, 2021, and November 10, 2022.
Pursuant to 15A NCAC 13A .0107(a) [40 C.F.R. 262.17(a)(7)(iv)(A)-(C)], and is a condition of the LQG Permit Exemption, the LQG must maintain the following documents and records at the facility: the job title for each position at the facility related to hazardous waste management, and the name of the employee filling each job; a written job description for each position of this section; and a written description of the type and amount of both introductory and continuing training that will be given to each person filling a position of this section.
Weekly Inspection Records:
The inspectors reviewed Decore-ative Specialties' available records of inspections of the hazardous waste central accumulation area (CAA) since January 2020. The inspection log includes a checklist to record observations about the number of hazardous waste containers, whether those containers are closed, labeled and dated, whether the area has sufficient aisle spacing, and whether there is any evidence of spills. The records include the date of the inspection and the initials of the employee conducting the inspection. During the three-year period before the inspection, no inspection records were provided for the eight weeks between May 15, 2023, and July 17, 2023, or for the fifteen days between December 19, 2022 and January 3, 2023.
Pursuant to 15A NCAC 13A .0107(a) [40 C.F.R. 262.17(a)(5)(i)], which is a condition of the LQG Permit Exemption, a generator is required to, at least weekly,
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inspect CAAs looking for leaking containers and for deterioration of containers caused by corrosion or other factors.
12) Closing Conference
The inspectors conducted an informal exit meeting with Mitch Bock and Rosita Vazquez. During this meeting, the inspectors stated their preliminary conclusions of the inspection. The participants noted that some of the records requested during the inspection could not be located. The inspectors agreed to contact, J.P. Helms, Facility Manager, with a list of requested records.
In an email from Laurie Benton DiGaetano to J.P. Helms on November 6, 2023, the EPA requested the job titles, job descriptions, training requirements, employee names, and training records for each position at the facility related to hazardous waste management; a copy of the contingency plan and quick reference guide; documentation that the contingency plan and quick reference guide had been submitted to local emergency responders and the arrangements made with the responders; and records of universal waste shipments. The EPA did not receive a response to the email.
13) List of Attachments
Attachment 1 - Photo Log
14) Signed
LAURIE DIGAETANO Date: 2023.11.29 15:47:34 -05'00' Digitally signed by LAURIE DIGAETANO
Laurie Benton DiGaetano Environmental Engineer
15) Concurrence
Araceli B. Chavez Chief RCRA Enforcement Section
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Attachment 1 - Photo Log
Nine Photos taken on: October 4, 2023 Photos taken by: Laurie Benton DiGaetano Photos taken with: Panasonic DMC TS-5
EPA Property Tag: S09533
EPA-RCRA CEI Report Decore-ative Specialties EPA ID# NCR000162503 October 4, 2023
Photo 1: One 55-gallon drum observed next to the Flat Line Automated System in an SAA for accumulating hazardous waste liquid spent solvents and waste paint related material generated in the Flat Line Automated System. The drum was labeled as D001, D035, F003, F005 hazardous waste paint related material and it was marked to indicate that its contents are flammable liquids. However, it was not marked to indicate that its contents are also toxic.
Photo 2: One of at least seven flip-top flammable cans used to accumulate dirty rags and wipes generated throughout the Solvent-Based Finishing Program as hazardous waste solids. Each of the fliptop flammable cans was labeled as oily waste, but none was labeled with the words "hazardous waste" or with an indication of the ignitable or toxic hazards of its contents.
One 55-gallon drum in an SAA for accumulating hazardous waste liquid spent solvents and waste paint related material generated in the during the operation, cleaning, and maintenance of the manual spray booths. The drum was labeled as D001, D035, F003, F005 hazardous waste paint related material and it was marked to indicate that its contents are flammable liquids. However, it was not marked to indicate that its contents are also toxic.
These containers were observed next to a support post in the middle of the Solvent-Finishing Program Area.
Photo 3: Close-up of the open small bung on the top of the 55-gallon drum of hazardous waste liquids shown in Photo 2.
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EPA-RCRA CEI Report Decore-ative Specialties EPA ID# NCR000162503 October 4, 2023
Photo 4: One of at least seven flip-top flammable cans used to accumulate dirty rags and wipes generated throughout the Solvent-Based Finishing Program as hazardous waste solids. Each of the fliptop flammable cans was labeled as oily waste, but none was labeled with the words "hazardous waste" or with an indication of the ignitable or toxic hazards of its contents. This container was observed near the Flat-Line Automated System.
Photo 5: One 55-gallon drum observed next to the CAA. Drum was used for consolidating dirty rags or wipes and contaminated filters generated in the Solvent-Based Finishing Program as hazardous waste solids. The drum was labeled as "hazardous waste" and marked to indicate that its contents are flammable solids. However, it was not marked with an accumulation start date or marked to indicate that its contents are toxic. The lid of the drum was sitting on top of the container, but it was not equipped with a ring or otherwise secured to the container.
Photo 6: Two 5-gallon buckets for accumulating spent batteries, and one spent lead-acid battery observed on a shelf inside the battery cage. One bucket was labeled for spent lithium batteries, one was labeled for spent alkaline batteries, and the lead-acid battery was dated June 26, 2023.
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Photo 7: One white 55-gallon drum of used oil and one blue 55-gallon drum labeled nonhazardous oil absorbents. The inspectors observed one small container and one used oil filter inside the open funnel.
Photos 8 and 9: Used aerosol can observed on the ground next to the solid waste dumpster.
EPA-RCRA CEI Report Decore-ative Specialties EPA ID# NCR000162503 October 4, 2023
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