Document K8Vd8ajp5Y5OV9Y1Ljg9vVaK
Tnemec Company, Inc. Inspection Date(s):
10/29/2024
Inspection Entry Date/Time Inspection Exit Date/Time Regulatory Program Type of Inspection
EPA REGION 7 Enforcement Division INSPECTION REPORT
10/29/2024 09:15 AM (CT)
Announced: No
10/29/2024 05:15 PM (CT)
Access: Granted
Resource Conservation and Recovery Act (RCRA)
Compliance Evaluation Inspection (CEI)
Facility or Site Name Facility/Site Identifier Facility/Site Physical Address City, State, Zip Code County/Borough Generator Status NAICS Type of Operation Geographic Coordinates
Tnemec Company, Inc. MOD007121841 123 West 23rd Avenue North Kansas City, MO 64116 Clay Large Quantity Generator (LQG) 32551 Paint and coating manufacturing. 39.145149, -94.581343
Permit Number (If Applicable) Not Applicable
Lead Inspector:
Mike Martin
[Signature] Martin, Mike
Digitally signed by Martin, Mike [Date]
Date: 2024.11.19 17:21:56 -06'00'
EPA REGION 7
martin.mike@epa.gov
Additional Inspectors Participating in Inspection:
Name
Title
Organization
Email
Donald Melton
Inspector
EPA REGION 7
melton.donald@epa.gov
Crew Schuster
Inspector
Missouri Department of
crew.schuster@dnr.mo.gov
Natural Resources (MoDNR)
Supervisor Review: Amber Whisnant
[Signature]
AMBER
Digitally signed by AMBER WHISNANT
WHISNANT 14:25:38 -06'00' Date: 2024.12.20
EPA REGION 7
whisnant.amber@epa.gov
[Date]
Inspection Date(s):
10/29/2024
SECTION I - INTRODUCTION Site Entry and Purpose of the Inspection Type of inspection: CEI
At the request of the Enforcement and Compliance Assurance Division, I conducted a RCRA CEI at Tnemec Company, Inc. (Tnemec). The CEI was conducted under the authority of Section 3007(a) of RCRA, as amended. During the CEI, I collected the information and data necessary to determine compliance with the applicable regulatory and statutory requirements. The inspection report and attachments present the results of the CEI.
Prior to beginning the inspection on the morning of October 29, 2024, I conducted a visual reconnaissance of Tnemec searching for areas of concern observable from the adjacent roadway. I identified no environmental issues or concerns during this preliminary examination. Upon arriving unannounced at Tnemec at 9:15 a.m., Mr. Melton, Ms. Schuster and I met with Messrs. Frakes and Carter. I presented them with my EPA credentials and explained the purpose and procedures of the inspection.
The CEI consisted of a discussion of facility operations, waste generation, and waste management; a review of waste management records; and a visual inspection of waste generation and management areas (see Appendix 2 - Attachment 1 for the Site Overview).
Mr. Melton, Ms. Schuster and I conducted at visual inspection of the following areas at Tnemec:
Building 1 - Manufacturing Plant; Product Support Lab, Color Lab; Shade Area; Solvent Distillation Area; Maintenance; Hazardous Waste and Universal Waste Storage Areas Building 3 - Shipping Warehouse; Research and Development Lab and Tinting
Building 4 - Technical Services; Analytical Lab; and Panel Lab (Building 4 is located on contiguous property at 101 West 26th Avenue, North KC, MO 64116)
Building 5 - Receiving Warehouse (Building 5 is located on contiguous property at 130 West 23rd Avenue, North KC, MO 64116)
Document photocopies and photographs were collected as inspection documentation (Appendices 1 and 2). A total of 36 photographs were collected and a photolog was prepared (Appendix 1). Due to the facility operating in a Class 1 explosive building, an intrinsically safe camera was used to collect photographs. I followed the inspection procedures discussed in the RCRA CEI Standard Operating Procedure (No. 2321.1E), unless noted differently. Any authorized Federal regulatory citations noted in this report are adopted by reference in the authorized Missouri regulations.
Attendees
Title/Organization RCRA Inspector/EPA
Name Mike Martin
RCRA Inspector/EPA
Donald Melton
RCRA Inspector/MoDNR
Crew Schuster
Director of Technical and Regulatory Affairs Kyle Frakes (816) 326-4305 frakes@tnemec.com
Safety Manager
Cole Carter (816) 326-4353 carterc@tnemec.com
Opening Conf. Yes Yes Yes Yes
Yes
Closing Conf. Yes Yes Yes Yes
Yes
Inspection Date(s):
10/29/2024
Opening Conference
I presented Messrs. Frakes and Carter with my EPA credentials and explained the purpose and procedures of the inspection. I next presented them with a copy of RCRA Section 3007(a), which provides inspection authority. I explained my need to collect accurate information and presented them with a copy of Title 18 U.S. Code, Sections 1001 and 1002. They were made aware of their confidentiality rights and were informed that a Confidentiality Notice would be provided at the end of the inspection to make or not to make any confidentiality claims. Messrs. Frakes and Carter acted as the official facility representatives during the course of the inspection.
Tnemec had been last inspected for RCRA compliance on September 16, 2020, by the MoDNR. During the September 2020 MoDNR inspection, no findings were cited.
According to the Hazardous Waste (HW) Site Info Verification Report (Appendix 2 - Attachment 2), Tnemec operates as a LQG of D001, D002, D007, D009, D018, D035, D040, F003, F005, P007, P008, P046, P094, U080, U096, U110, U194, U228 and U404 hazardous waste. No changes were noted to the Hazardous Waste Site Info Verification Report. Tnemec generates greater than 2,200 pounds of known HW per month. Therefore, I inspected Tnemec as a LQG. In addition, I determined Tnemec to be a small quantity handler of universal waste and a used oil generator.
Facility/Site Information Number of employees Length of Facility at Location Operating Hours Size of Facility What type of generator facility verified as? Weather Conditions
125 103 years 5:00 am to 11:30 pm (two shifts), Monday-Friday 4 buildings LQG Mostly cloudy
Process Description Tnemec's paint and coating manufacturing process includes: (1) blending resins, pigments, and additives with solvent or water in mixing units and (2) the resulting mixture is then packaged and shipped to customers.
nemec Company, Inc. nspection Date(s):
10/29/2024
Waste Description and Generation Process
Spent Solvent (generated from the cleaning of product mixing units with xylene and methyl isobutyl ketone) *This waste stream includes waste epoxy resin, additives and pigments (not managed as HSM) and is sent off-site for HW disposal. HSM (generated from the cleaning of product mixing units with xylene and methyl isobutyl ketone) *This waste stream is managed under the generatorcontrolled exclusion (conditions of the exclusion are met and HSM is recycled in the on-site distillation unit). Still Bottoms
Waste Paint
Waste Type HW
-
HW
HW
Generation Rate
Varies (an estimate of 44,000 pounds in 2024)
If HW, list all codes
D001, D018, F003 and F005
Waste Determination
Method
Process Knowledge
Waste Amount
Oldest
Presently in Storage Accumulation
(less than 90-day Start Date
HW accumulation)
An estimate of 57 09/20/2024
pallets of 55-gallon
drums of spent
solvent and still
bottoms
Waste Disposal Location
Heritage Environmental
(KC, MO) Green America Recycling LLC (Hannibal, MO
9,000 to 13,000
-
Process Two 55-gallon drums NA
NA
gallons/month
Knowledge (photos 22 and 23)
(an estimate of 160 to 240
55-gallon drums/month)
4,400 gallons/month (an D001, D018,
estimate of 80 55-gallon D035, F003 and
drums/month)
F005
Process Knowledge
Varies (an estimate of D001 and D035 Process
137,000 pounds in 2024)
Knowledge
An estimate of 57 pallets of 55-gallon
drums of spent solvent and still
bottoms
NA
09/20/2024 NA
Heritage Environmental
(KC, MO)
Green America Recycling LLC (Hannibal, MO)
Veolia (Menomonee,
WI)
Safety-Kleen (Smithfield, KY)
Clean Harbors (El Dorado, AR)
4 of 31
Tnemec Company, Inc. Inspection Date(s):
Waste Corrosion Inhibitor
HW
Varies (600 pounds
generated in 2024)
D002
10/29/2024
Process
NA
Knowledge
Waste Mixed Acids
HW
Varies (270 pounds
D002
Process
NA
generated in 2024)
Knowledge
Solvent Contaminated Rags
HW
760 pounds/month D001, F003 and Process
NA
(an estimate of four 55-
F005
Knowledge
gallon drums/month)
Lab Pack (generation of old
HW
Varies
D001
Process
NA
reagents/chemicals)
Knowledge
Spent Aerosol Cans (general
HW
Varies
D001
Process
NA
maintenance, spray paint, etc.)
(an estimate of one 55-
Knowledge
gallon drum/year)
Used Oil (mixed with spent solvent HW Varies (an estimate of less D001, D018, Process
NA
and/or still bottoms and managed
than 10 gallons/year) D035, F003 and Knowledge
as HW)
F005
Spent Paint Booth Filters
SW
Varies
NA
AD
NA
NA
Heritage
Environmental
(East Liverpool,
OH)
NA
Heritage
Environmental
(KC, MO)
NA
Green America
Recycling LLC
(Hannibal, MO)
NA
Heritage
Environmental
(KC, MO)
NA
Heritage
Environmental
(KC, MO)
NA
Heritage
Environmental
(KC, MO)
Green America
Recycling LLC
(Hannibal, MO
NA
General Trash
Universal Waste (Lamps and
UW Two to three boxes of
NA
Process Three boxes of lamps 10/28/2024 Heritage
Batteries (re-lamping and general
lamps/year
Knowledge
Tow pails of
Environmental
maintenance)
Two pails of
batteries
(KC, MO)
batteries/year
General Trash
SW
NA
NA
NA
NA
NA Republic Services
KC, KS)
HW = Hazardous Waste AD = Analytical Data
SW = Solid Waste
ND = Not Determined
UO = Used Oil UW = Universal Waste
EX = Exempt HSM = Hazardous Secondary Material
5 of 31
Tnemec Company, Inc. Inspection Date(s):
10/29/2024
Building(s)
Building/Area/Sub-area
Building 1 - Manufacturing Plant Solvent Distillation Area Color Lab Shade Area
Building 3 - Research and Development
Building 4 - Technical Services Panel Lab Analytical Lab
Building 5 - Receiving Warehouse
Process Description Paint and coating manufacturing.
Research and development labs. Training Center.
Raw material storage.
Area of Concern Yes
No Yes
No
*Note - when selecting a hyperlink within the inspection report, press ALT and left arrow at the same time to go back to the original location prior to clicking the hyperlink
SECTION II - OBSERVATIONS
Building: Bldg. 1 - Manufacturing Plant
Observations #: MM1-OB-001, MM1-OB-002, MM1-OB-003, MM1-OB-004, MM1-OB-005, MM1-OB-006, MM1-OB-007, MM1-OB-008, MM1-OB-009, MM1-OB-010, MM1-OB-011, MM1-OB-012 and MM1-OB-013
Date: 10/29/2024 Contains AOC: Yes
Contains CBI: No
Person Interviewed: Kyle Frakes
Title: Director of Technical and Regulatory Affairs
Mr. Melton, Ms. Schuster and I observed yellow/green residue (an estimate of less than one ounce) on the lid top of one 55-gallon HW satellite accumulation drum of waste paint (photos 4, 5 and 6). Mr. Frakes stated that he was not aware of the length of time of accumulation of the yellow/green residue. I asked Mr. Frakes if the yellow/green residue was hazardous waste. Mr. Frakes stated that he did not know. I asked Mr. Frakes if he had conducted a hazardous waste determination on the yellow/green residue. Mr. Frakes stated "No." Failure to conduct a hazardous waste determination - 10 CSR 25-5.262(1) incorporating 40 CFR 262.11(a) (Notice of Preliminary Finding - NOPF 1A1).
On the concrete floor (under mixing units), Mr. Melton, Ms. Schuster and I observed one 1-foot-long area of dried blue and green paint splatter (photo 8), one 1-foot-long area of dried white paint splatter (photos 9 and 10) and two half-foot-long areas of dried white paint splatter (photos 9 and 10). Mr. Frakes stated that he was not aware of the length of time of accumulation of the paint splatter. He stated that the paint splatter is dry and non-hazardous waste based on process knowledge. I asked Mr. Frakes if he had conducted a hazardous waste determination on the paint splatter at the point of generation (when the paint first came in contact with the concrete floor and prior to drying). Mr. Frakes stated "No." Failure to conduct a hazardous waste determination - 10 CSR 25-5.262(1) incorporating 40 CFR 262.11(a) (NOPFs 1A2, 1A3 and 1A4).
Located in an empty container area (near the Solvent Distillation Area), Mr. Melton, Ms. Schuster and I observed one full pail (an estimate of three to five gallons) of a dark gray solid material (photos 20 and 21). Mr. Frakes stated that he was not aware of the length of time of accumulation of the dark gray solid material. I asked Mr. Frakes if the dark gray solid material was hazardous waste. Mr. Frakes stated that he did not know. I asked Mr. Frakes if he had conducted a hazardous waste determination on the full pail an estimate of (three to five gallons) of dark gray solid material. Mr. Frakes stated "No." Failure to conduct a hazardous waste determination - 10 CSR 25-5.262(1) incorporating 40 CFR 262.11(a) (NOPF 1A5).
Inspection Date(s):
10/29/2024
Inside the secondary containment of the Solvent Distillation Area, Mr. Melton, Ms. Schuster and I observed two half-full pails (an estimate of three to five gallons each) of dark gray and brown solid material (photo 24). Mr. Frakes stated that he was not aware of the length of time of accumulation of the dark gray and brown solid material inside the two pails. I asked Mr. Frakes if the dark gray and brown solid material was hazardous waste. Mr. Frakes stated that he did not know. I asked Mr. Frakes if he had conducted a hazardous waste determination on the two pails of dark gray and brown solid material. Mr. Frakes stated "No." Failure to conduct a hazardous waste determination - 10 CSR 25-5.262(1) incorporating 40 CFR 262.11(a) (NOPF 1A6).
In Building 1, Mr. Melton, Ms. Schuster and I observed the following HW satellite accumulation containers not closed:
(1) One open and unlabeled full container (an estimate of 250 ml) of waste F041-0052 solvent - D001 characteristic hazardous waste (photos 4, 5 and 6 and Appendix 2 - Attachment 3 for the Safety Data Sheet-SDS) (NOPF 2A1).
(2) One open full container (an estimate of 250 ml) of waste N-69XG092A paint additive - D001 characteristic hazardous waste (photos 4, 5, 6 and 7 and Appendix 2 - Attachment 4 for the SDS) (NOPF 2A2).
(3) One open and unlabeled full 5-gallon pail of waste T099 solvent - D001, F003 and F005 hazardous waste located at the 2nd Floor Manufacturing Area (photo 14) (NOPF 2A3).
(4) One open and unlabeled full 55-gallon drum of solid solvent residue (generated from the cleanout/repair of the aboveground tank connected to the solvent distillation unit) (photos 27 and 28) (NOPF 2A4). During the visual inspection, facility personnel were in the process of closing and labeling the drum with the words "Hazardous Waste" (photo 28).
(5) One open and unlabeled less than full 20-gallon pail of waste solvent (generated from the cleanout/repair of the aboveground tank connected to the solvent distillation unit) (photo 27) (NOPF 2A5). During the visual inspection, facility personnel closed the pail and were in the process of labeling it with the words "Hazardous Waste" (photo 28).
Failure to close HW satellite accumulation containers - 10 CSR 25-5.262(1) incorporating 40 CFR 262.34(c)(1)(i) referencing 40 CFR 265.173(a) (NOPFs 2A1, 2A2, 2A3, 2A4 and 2A5). *Tnemec follows the Federal satellite accumulation requirements.
In Building 1, Mr. Melton, Ms. Schuster and I observed the following HW satellite accumulation containers not labeled:
(1) One open and unlabeled full container (an estimate of 250 ml) of waste F041-0052 solvent - D001 characteristic hazardous waste (photos 4, 5 and 6 and Appendix 2 - Attachment 3 for the Safety Data Sheet-SDS) (NOPF 3A1).
(2) One open and unlabeled full 5-gallon pails of waste T099 solvent - D001, F003 and F005 hazardous waste located at the 2nd Floor Manufacturing Area (photo 14) (NOPF 3A3).
(3) One open and unlabeled full 55-gallon drum of solid solvent residue (generated from the cleanout/repair of the aboveground tank connected to the solvent distillation unit) (photos 27 and 28) (NOPF 3A4). During the visual inspection, facility personnel were in the process of closing and labeling the drum with the words "Hazardous Waste" (photo 28).
(4) One open and unlabeled less than full 20-gallon pail of waste solvent (generated from the cleanout/repair of the aboveground tank connected to the solvent distillation unit) (photos 27 and 28) (NOPF 3A5). During the visual inspection, facility personnel closed the pail and were in the process of labeling it with the words "Hazardous Waste" (photo 28).
(5) One unlabeled 5-gallon pail of solvent contaminated rags (photos 11, 12 and 13) (NOPF 3A6). *On the NOPF, the location of the pail was inadvertently noted as the Color Lab.
Inspection Date(s):
10/29/2024
(6) One unlabeled 55-gallon drum of solvent contaminated rags located at the Shade Area (photos 16, 17 and 18). During the visual inspection, facility personnel marked the drum with the words "Hazardous Waste" (photo 19) (NOPF 3A7).
(7) One unlabeled 55-gallon drum of waste paint located at the Color Lab (photos 29 and 30). During the visual inspection, facility personnel marked the drum with the words "Hazardous Waste" (photos 31 and 32) (NOPF 3A8). *NOPF 3A8 was inadvertently left off the NOPF form provided to Mr. Frakes on 10/29/2024. On 11/14/2024, Mr. Frakes was notified of NOPF 3A8.
Failure to label HW satellite accumulation containers with the words "Hazardous Waste" or with other words identifying the contents - 10 CSR 25-5.262(2)(C)(3) incorporating 40 CFR 262.34(c)(1)(ii) (NOPFs 3A1, 3A3, 3A4, 3A5, 3A6, 3A7 and 3A8). *Tnemec follows the Federal satellite accumulation requirements.
*RESCINDED - NOPF 3A2 (one full HW satellite accumulation container [an estimate of 250 ml] of N69XG092A was marked with words identifying its contents at the time of the CEI) (photo 4)
Located within the secondary containment of the Solvent Distillation Area, Mr. Melton, Ms. Schuster and I observed a 2-foot by 2-foot foot-long area of dark gray solid material located under and around the aboveground tank that feeds the solvent distillation unit (photos 27 and 28). I asked Mr. Frakes if the dark gray solid material was hazardous waste. Mr. Frakes stated "Yes." He stated that the material has the same RCRA hazardous waste codes (D001, D018, D035, F003 and F005) as still bottoms. Mr. Frakes stated that he was not aware of the length of time of accumulation of the hazardous waste. Mr. Frakes stated that the hazardous waste had been generated from the cleanout/repair of the aboveground tank that feeds the solvent distillation unit. Since October 23, 2004, the solvent distillation unit had been shut down and under repair/cleanout. Mr. Frakes stated that facility personnel working on the repair/cleanout took a lunch break and the hazardous waste should had been stored in the 55-gallon HW satellite accumulation drum located within the secondary containment area. Facility not maintained and operated to minimize the release of hazardous waste - 10 CSR 25-5.262(1) incorporating 40 CFR 262.34(a)(4) referencing 40 CFR 265.31 (NOPF 5). During the visual inspection, facility personnel were in the process of cleaning up the hazardous waste and adding it to a 55gallon hazardous waste satellite accumulation drum within the secondary containment of the Solvent Distillation Area (photo 28).
Photos
1. Photo 4 2. Photo 5 3. Photo 6 4. Photo 7 5. Photo 8 6. Photo 9
7. Photo 10 8. Photo 11 9. Photo 12 10. Photo 13 11. Photo 14 12. Photo 16
13. Photo 17 14. Photo 18 15. Photo 19 16. Photo 20 17. Photo 21 18. Photo 24
19. Photo 27 20. Photo 28 21. Photo 29 22. Photo 30 23. Photo 31 24. Photo 32
Building: Bldg. 4 - Technical Services/Lab Area
Observation #: MM1-OB-014
Date: 10/29/2024 Contains AOC: Yes Contains CBI: No
Person Interviewed: Kyle Frakes
Title: Director of Technical and Regulatory Affairs
On the concrete floor, Mr. Melton, Ms. Schuster and I observed dried multicolor paint splatter (photos 33, 34, 35 and 36). The dried paint splatter covered a 4-foot by 4-foot-long area, a 8-foot-long area and a 9-footlong area. Mr. Frakes stated that he was not aware of the length of time of accumulation of the areas of paint splatter. He stated that the paint is dry and non-hazardous waste based on process knowledge. I asked Mr. Frakes if he had conducted a hazardous waste determination on the paint splatter at the point of generation (when the paint first came in contact with the concrete floor and prior to drying). Mr. Frakes stated "No." Failure to conduct a hazardous waste determination - 10 CSR 25-5.262(1) incorporating 40 CFR 262.11(a) (NOPF 1B).
Photos
1. Photo 33
2. Photo 34
3. Photo 35
4. Photo 36
Inspection Date(s):
10/29/2024
SECTION III - RECORDS REVIEW
Record: Manifests
AOC: No
Ref #: MM1-RR-001 Reviewed By: Mike Martin
Reviewed Date: 10/29/2024
The past three years uniform hazardous waste manifests were on file and appeared to be satisfactory.
Record: Personnel Training
AOC: Yes
Ref #: MM1-RR-002 Reviewed By: Mike Martin
Reviewed Date: 10/29/2024
HW training records appeared to be satisfactory, except for no documentation of 2022 HW management training for Ron Shimmel (Alternative Emergency Coordinator listed in the contingency plan). Mr. Frakes was not aware that Mr. Shimmel missed 2022 HW management training. Annual HW training not provided - 10 CSR 25-5.262(1) incorporating 40 CFR 262.34(a)(4) referencing 40 CFR 265.16(c) (NOPF 4).
Record: Inspections
AOC: No
Ref #: MM1-RR-003 Reviewed By: Mike Martin
Reviewed Date: 10/29/2024
Weekly HW inspections are conducted on HW storage containers (less than 90-day HW accumulation containers). The weekly HW inspection logs for past three years were on file and appeared to be satisfactory.
Record: Biennial Reports Ref #: MM1-RR-004 Reviewed By: Mike Martin The biennial report was on file and appeared to be satisfactory.
AOC: No Reviewed Date: 10/29/2024
Record: Contingency Plan Ref #: MM1-RR-005 Reviewed By: Mike Martin Tnemec 's contingency plan was on file and up to date.
AOC: No Reviewed Date: 10/29/2024
Inspection Date(s):
10/29/2024
SECTION IV - AREA OF CONCERN The presentation of Areas(s) of Concern does not constitute a formal compliance determination or violation. Building: Bldg. 1 - Manufacturing Plant MM1-OB-001, MM1-OB-002, MM1-OB-003, MM1-OB-004, MM1-OB-005 and MM1-OB-006 Failure to conduct a hazardous waste determination - 10 CSR 25-5.262(1) incorporating 40 CFR 262.11(a):
o Yellow/green residue (an estimate of less than one ounce) on the lid top of one 55-gallon HW satellite accumulation drum of waste paint (photos 4, 5 and 6) (NOPF 1A1).
o One 1-foot-long area of dried blue and green paint splatter located on the concrete floor (photo 8) (NOPF 1A2).
o One 1-foot-long area of dried white paint splatter located on the concrete floor paint (photos 9 and 10) (NOPF 1A3).
o Two half-foot-long areas of dried white paint splatter located on the concrete floor (photos 9 and 10) (NOPF 1A4).
o One full pail (estimate of three to five gallons) of dark gray solid material in an empty container area near the Solvent Distillation Area (photos 20 and 21) (NOPF 1A5).
o Two half-full pails (an estimate of three to five gallons each) of dark gray and brown solid material inside the secondary containment of the Solvent Distillation Unit (photo 24) (NOPF 1A6).
Building: Bldg. 4 - Technical Services/Lab Area
MM1-OB-014
Failure to conduct a hazardous waste determination on dried multicolor paint splatter (4-foot by 4-foot-long area, 8-foot-long area and 9-foot-long area) located on the concrete floor (photos 33, 34, 35 and 36) - 10 CSR 25-5.262(1) incorporating 40 CFR 262.11(a) (NOPF 1B).
Building: Bldg. 1 - Manufacturing Plant
MM1-OB-007, MM1-OB-008, MM1-OB-009, MM1-OB-010
Failure to close HW satellite accumulation containers - 10 CSR 25-5.262(1) incorporating 40 CFR 262.34(c)(1)(i) referencing 40 CFR 265.173(a):
o One open and unlabeled full container (an estimate of 250 ml) of waste F041-0052 solvent (photos 4, 5 and 6) (NOPF 2A1).
o One open full container (an estimate of 250 ml) of waste N-69XG092A paint additive (photos 4, 5 and 6) (NOPF 2A2).
o One open and unlabeled full 5-gallon pail of waste T099 solvent (photo 14) (NOPF 2A3).
o One open and unlabeled full 55-gallon drum of solid solvent residue (photos 27 and 28) (NOPF 2A4). During the visual inspection, facility personnel were in the process of closing and labeling the drum with the words "Hazardous Waste" (photo 28).
o One open and unlabeled less than full 20-gallon pail of waste solvent (photo 27) (NOPF 2A5). During the visual inspection, facility personnel closed the pail and were in the process of labeling it with the words "Hazardous Waste" (photo 28).
Inspection Date(s):
10/29/2024
Building: Bldg. 1 - Manufacturing Plant MM1-OB-007, MM1-OB-008, MM1-OB-009, MM1-OB-010, MM1-OB-011, and MM1-OB-012 Failure to label HW satellite accumulation containers with the words "Hazardous Waste" or with other words identifying the contents - 10 CSR 25-5.262(2)(C)(3) incorporating 40 CFR 262.34(c)(1)(ii):
o One open and unlabeled full container (an estimate of 250 ml) of waste F041-0052 solvent (photos 4, 5 and 6) (NOPF 3A1).
o One open and unlabeled full 5-gallon pails of waste T099 solvent (photo 14) (NOPF 3A3).
o One open and unlabeled full 55-gallon drum of solid solvent residue (photos 27 and 28) (NOPF 3A4). During the visual inspection, facility personnel were in the process of closing and labeling the drum with the words "Hazardous Waste" (photo 28).
o One open and unlabeled less than full 20-gallon pail of waste solvent (photos 27 and 28) (NOPF 3A5). During the visual inspection, facility personnel closed the pail and were in the process of labeling it with the words "Hazardous Waste" (photo 28).
o One unlabeled 5-gallon pail of solvent contaminated rags (photos 11, 12 and 13) (NOPF 3A6). *On the NOPF, the location of the pail was inadvertently noted as the Color Lab.
o One unlabeled 55-gallon drum of solvent contaminated rags located at the Shade Area (photos 16, 17 and 18). (NOPF 3A7). During the visual inspection, facility personnel marked the drum with the words "Hazardous Waste" (photo 19).
o One unlabeled 55-gallon drum of waste paint located at the Color Lab (photos 29 and 30) (NOPF 3A8). During the visual inspection, facility personnel marked the drum with the words "Hazardous Waste" (photos 31 and 32) (NOPF 3A8). *NOPF 3A8 was inadvertently left off the NOPF form provided to Mr. Frakes on 10/29/2024. On 11/14/2024, Mr. Frakes was notified of NOPF 3A8.
*RESCINDED - NOPF 3A2 (one full HW satellite accumulation container [an estimate of 250 ml] of N69XG092A was marked with words identifying its contents at the time of the CEI) (photo 4)
Record: Personnel Training
MM1-RR-002
Annual HW training not provided (no documentation of 2022 HW management training for Ron Shimmel Alternative Emergency Coordinator listed in the contingency plan) - 10 CSR 25-5.262(1) incorporating 40 CFR 262.34(a)(4) referencing 40 CFR 265.16(c) (NOPF 4).
Building: Bldg. 1 - Manufacturing Plant
MM1-OB-013
Facility not maintained and operated to minimize the release of hazardous waste (one 2-foot by 2-foot footlong area of D001, D018, D035, F003 and F005 located within the secondary containment of the Solvent Distillation Area) - 10 CSR 25-5.262(1) incorporating 40 CFR 262.34(a)(4) referencing 40 CFR 265.31 (NOPF 5).
Inspection Date(s):
10/29/2024
SECTION V - CLOSING CONFERENCE AND FOLLOW UP
Closing Conference
At the conclusion of the CEI, I summarized my findings and recommendations to Messrs. Frakes and Carter. I provided Mr. Frakes with a Confidentiality Notice (Appendix 2 - Attachment 5), a Receipt for Documents and Samples (Appendix 2 - Attachment 6), and a Notice of Preliminary Findings (NOPF) (Appendix 2 - Attachment 7), which he signed as acknowledgement of receipt. No confidentiality claims were made by Tnemec.
The following inspection documents and compliance assistance handouts were left with Tnemec:
Confidentiality Notice (Top page of the completed carbonless transfer set) Receipt for Documents and Samples (Top page of the completed carbonless transfer set) NOPF (Top page of the completed carbonless transfer set) Instructions for Responding to an NOPF (EPA Handout) U.S. EPA Small Business Resources (EPA Handout) e-Manifest Fact Sheet (EPA Handout) Hazardous Waste Generator Status Guidance (MoDNR Technical Guidance Document) Hazardous Waste Satellite Accumulation (MoDNR Technical Guidance Document) Aerosol Cans (MoDNR Technical Guidance Document)
Follow Up
Type
Point of Contact Job Title/Description Description
Contains PII Date
Email
Kyle Frakes
Phone Call Kyle Frakes
Phone Call Cole Carter
Email
Kyle Frakes
Email
Kyle Frakes
Director of Technical NOPF response transmittal to No and Regulatory Affairs Inspector.
Director of Technical Inspector's phone call to Mr. No and Regulatory Affairs Frakes regarding receipt of
NOPF response and inspection follow-up.
Safety Manager
Inspector's phone call to Mr. No Carter regarding inspection follow-up (review on SDS for blue paint, white paint, and E014, rescinding NOPF 3A2 and need of a NOPF response for NOPFs 3A6 and 3A8).
Director of Technical Inspector's emails to Messrs. No and Regulatory Affairs Frakes and Carter regarding
inspection follow-up.
Director of Technical Follow-up NOPF response
No
and Regulatory Affairs transmittal to Inspector.
11/11/2024 6:43 AM (CT) 11/14/2024 11:25 AM (CT)
11/14/2024 11:27 AM (CT)
11/14/2024 12:15 PM (CT) 11/15/2024 7:58 AM (CT) 11/19/2024 4:45 PM (CT)
SECTION VI - SAMPLING ACTIVITIES AND ANALYTICAL RESULTS No sampling was conducted.
SECTION VII - LIST OF APPENDICES 1. Photo Log 2. Report Attachments