Document aDY5ERbjBa70rJ5JGNN8DXdB

March 22, 2024 Via Electronic Mail Mr. Sean Glazar, Facility Manager Mauser Packaging Solutions 1440 Chesapeake Avenue Baltimore, MD 21226 sean.glazar@mauserpackaging.com Re: Request for Information Pursuant to Section 3007(a) of the Resource Conservation and Recovery Act, 42 U.S.C. 6927(a), Regarding Generation and Management of Hazardous Waste by the Mauser Packaging Solutions EPA ID No. MDR000019331 Reference Number: C24-006 Dear Mr. Glazar: The U.S. Environmental Protection Agency, Region 3 ("EPA") is requesting to supplement the information obtained during its inspection of Mauser Packaging Solutions ("Mauser" or "the Facility") located in Baltimore, MD on November 15 and 16, 2023. A copy of the inspection report narrative and photographic log was sent via e-mail to the Facility on January 18, 2024. EPA is requesting this information pursuant to the authority granted to it under Section 3007(a) of the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C. 6927(a), which provides in relevant part that "any person who generates, stores, treats, transports, disposes of, or otherwise handles or has handled hazardous wastes shall, upon request of any officer, employee or representative of the Environmental Protection Agency, duly designated by the Administrator, . . . furnish information relating to such wastes . . . ." EPA hereby requires that you furnish to EPA, within thirty (30) calendar days of receipt of this letter, the information requested below, including all documents responsive to such request. For each and every request, if you have any reason to believe that there may be a person(s) who may be able to provide a more detailed or complete response to such request or provide additional responsive documents, then as a part of your response to such request, identify each such person and the additional information or documents which such person may be able to provide. Furthermore, for each and every response, if information or documents responsive to such request are not in your possession, custody or control, then as part of your response to such request, identify each person from whom such information or documents may 1 be obtained. Please provide a separate narrative response to each information request. Precede each answer with the number of the question or letter of the subpart of the request to which it corresponds. A request for documents shall be construed as a request for any and all documents maintained by you or in your custody, control, or possession or in the possession, custody or control of any of your employees or agents, relating to the matters described below. All copies of documents submitted to EPA in response to the following requests must be complete and legible. As used herein, the term "document" means: writings (handwritten, typed or otherwise produced or reproduced) and includes, but is not limited to, any invoices, checks, receipts, bills of lading, weight receipts, toll receipts, correspondence, offers, contracts, agreements, deeds, leases, manifests, licenses, permits, bids, proposals, policies of insurance, logs, books of original entry, minutes of meetings, memoranda, notes, calendar or daily entries, agendas, bulletins, notices, announcements, charts, maps, photographs, drawings, manuals, brochures, reports of scientific study or investigation, schedules, price lists, telegrams, teletypes, phonograph records, magnetic voice or video records, tapes, summaries, magnetic tapes, punch cards, recordings, discs, computer print outs, or other data compilations from which information can be obtained or translated. All other terms used in this request for information that are defined in RCRA, 42 U.S.C. 6901 et seq., 40 C.F.R. Parts 260-266, 268, and 273 (1998 ed.), or 25 Pa. Code Chapters 260a-266a, 266b, and 268a (effective May 1, 1999) shall have the meanings set forth therein. Please provide the information requested below: Information Request 1. During EPA inspection in the Crusher Room the inspectors observed four (4) open 55-gallon metal containers that were located in front of two (2) roll-off containers (Inspection Report, Photo #3 - Photo #9) and one (1) open 55-gallon container located behind the two (2) roll-offs (Inspection Report, Photo #22 - Photo #25). The following observations were made for the five (5) open 55-gallon containers: Drum # 1 Color/Location Blue/far right of Photo #3 Label Product label as "Joncryl RPD950-B" & with a flammable pictogram Date Other comments Photos "GR Date": 7/11/23 "Production date": 6/7/23 Open, appeared to hold 5 to 6 inches of clear liquid; container situated on the floor. 4 & 6 2 2 Black/center Product label N/A Open, appeared 4 & 9 right of Photo with the full of brown #3 words "Black liquid; container Shading situated on a Paste" containment pallet. 3 Black/center Product label N/A Open, appeared 5 & 8 left of Photo #3 as "Black full of black Shading liquid; container Paste" with situated on a flammable & containment health hazard pallet. pictograms 4 Black/far left of Product label "Date of Open, about 5 & 7 Photo #3 with the prod.": full of a brackish words "HI 8/11/23 liquid; container STRENGTH situated on the BASE BLUE" floor. 5 Blue/behind Product label N/A Open, about five 22 to roll-off with the to six inches of 25 containers in words clear liquid. the Crusher "Joncryl Room RPD950-B" and with the words "Flammable Liquid" With respect to the content of each container listed in the table above, please answer the following: a. Provide a detailed narrative describing any and all systems, agreements, and/or standard operating procedures (e.g., "SOPs") the Facility has or had in place that describes how the Facility manages the content of each container from the time the container is determined to be a waste until it is shipped off-site. Please submit any and all supporting documentation (e.g., SOPs, Tolling Agreements). b. Provide a detailed description of the process or processes that generated the content of the containers. c. Does the Facility have a waste profile for, or sample and analysis of the content of the containers? If so, please provide the waste profile and a detailed narrative that describes the Facility's sampling process and analytical methods used. Submit any and all laboratory analysis for the content of the container. 3 d. Provide the amount (weight and volume) of material in the container at the time of the inspection. If an exact amount cannot be determined, please estimate the amount and explain the basis for such an estimate. e. Provide the volume (gallons or m3) of the container. f. Provide the "waste determination", if one was performed, for the content of the container, the date the determination was made, and provide a copy of a land disposal restriction ("LDR") determination. If the LDR determination was based on analytical results, provide any and all documentation of such results. g. If a hazardous "waste determination" was made for the content of the container, state whether the waste determination was based on analytic results or on the generator's knowledge of the process that generated the waste. If the determination was based on analytical results, provide any and all documentation of such results. If the determination was based upon the generator's knowledge, provide a narrative explanation of the basis for each determination, and provide any supporting documentation. h. If the content in the container was determined to be "hazardous waste" please provide the specific EPA Hazardous Waste Code(s) associated with the content of the container that was determined to be hazardous waste. i. If the content of the container was shipped off-site, submit copies of all bills of lading, manifests (hazardous and non-hazardous), shipping invoices, and LDR notices/certifications that accompanied the off-site shipment of such waste. j. If the content of the container still remain on-site, please state where such content is currently located within the Facility and describe in detail how such content is currently being managed. 2. During EPA inspection of the central hazardous waste accumulation area ("HWAA"), the inspectors observed 24 containers that were arranged in three (3) separate rows. The inspectors observed that none of the 55-gallon containers were marked with an accumulation start date or with the words "Hazardous Waste" (Inspection Report, Photo #26 & Photo #31). The inspectors also observed five (5) closed 55-gallon containers that were located outside of the secondary containment berm for the central HWAA (Inspection Report, Photo #32). The containers were not marked with the words "Hazardous Waste" and four (4) of the containers were not marked with a date. Provide the following information regarding the content of each of the 24 containers in the HWAA and each of the five (5) containers placed outside of the HWAA concrete berm: 4 a. Provide a detailed narrative describing any and all systems, agreements, and/or procedures (e.g., SOPs) the Facility has or had in place that describes how the Facility manages the content of each container from the time the container is determined to be a waste until it is shipped off-site. Please submit any and all supporting documentation (e.g., SOPs, Tolling Agreements). b. Provide a detailed description of the process or processes that generated the content of the containers. c. Does the Facility have a waste profile for, or sample and analysis of the content of the containers? If so, please provide the waste profile and a detailed narrative that describes the Facility's sampling process and analytical methods used. Submit any and all laboratory analysis for the content of the container. d. Provide the amount (weight and volume) of material in the container at the time of the inspection. If an exact amount cannot be determined, please estimate the amount and explain the basis for such an estimate. e. Provide the exact date on which the container was placed at the location where the inspectors observed it during the inspection. If an exact date cannot be determined, please estimate the approximate month and year. f. Provide the volume (gallons or m3) of the container. g. Provide the "waste determination", if one was performed, for the content of the container, the date the determination was made, and provide a copy of a LDR determination. If the LDR determination was based on analytical results, provide any and all documentation of such results. h. If a hazardous "waste determination" was made for the content of the container, state whether the waste determination was based on analytic results or on the generator's knowledge of the process that generated the waste. If the determination was based on analytical results, provide any and all documentation of such results. If the determination was based upon the generator's knowledge, provide a narrative explanation of the basis for each determination, and provide any supporting documentation. i. If the content in the container was determined to be "hazardous waste" please provide the specific EPA Hazardous Waste Code(s) associated with the content of the container that was determined to be hazardous waste. j. If the content of the container was shipped off-site, submit copies of all bills of lading, manifests (hazardous and non-hazardous), shipping invoices, and LDR notices/certifications that accompanied the off-site shipment of such waste. 5 k. If the content of the container still remain on-site, please state where such content is currently located within the Facility and describe in detail how such content is currently being managed. 3. During the EPA inspection, the inspectors observed ten (10) 55-gallon containers located just south of the weir tank (Inspection Report, Photo #46 - Photo #52). Mauser personnel stated that containers of non-hazardous waste are accumulated in in this area of the Facility. The inspectors observed that two (2) of the containers were labeled as "Flammable Liquid" and one (1) container was bulging and labeled with the words "Hazardous Waste." Facility personnel did not have any waste profile records for the content of these containers during the inspection. Please provide the following information regarding the content of each of the ten (10) containers located near the weir tank: a. Provide a detailed narrative describing any and all systems, agreements, and/or procedures (e.g., SOPs) the Facility has or had in place that describes how the Facility manages the content of each container from the time the container is determined to be a waste until it is shipped off-site. Please submit any and all supporting documentation (e.g., SOPs, Tolling Agreements). b. Provide a detailed description of the process or processes that generated the content of the containers. c. Does the Facility have a waste profile for, or sample and analysis of the content of the containers? If so, please provide the waste profile and a detailed narrative that describes the Facility's sampling process and analytical methods used. Submit any and all laboratory analysis for the content of the container. d. Provide the amount (weight and volume) of material in the container at the time of the inspection. If an exact amount cannot be determined, please estimate the amount and explain the basis for such an estimate. e. Provide the exact date on which the container was placed at the location where the inspectors observed it during the inspection. If an exact date cannot be determined, please estimate the approximate month and year. f. Provide the volume (gallons or m3) of the container. g. Provide the "waste determination", if one was performed, for the content of the container, the date the determination was made, and provide a copy of a LDR determination. If the LDR determination was based on analytical results, provide any and all documentation of such results. 6 h. If a hazardous "waste determination" was made for the content of the container, state whether the waste determination was based on analytic results or on the generator's knowledge of the process that generated the waste. If the determination was based on analytical results, provide any and all documentation of such results. If the determination was based upon the generator's knowledge, provide a narrative explanation of the basis for each determination, and provide any supporting documentation. i. If the content in the container was determined to be "hazardous waste" please provide the specific EPA Hazardous Waste Code(s) associated with the content of the container that was determined to be hazardous waste. j. If the content of the container was shipped off-site, submit copies of all bills of lading, manifests (hazardous and non-hazardous), shipping invoices, and LDR notices/certifications that accompanied the off-site shipment of such waste. k. If the content of the container still remain on-site, please state where such content is currently located within the Facility and describe in detail how such content is currently being managed. 4. During the EPA inspection of the HWAA, the inspectors also observed a bulging and leaking blue 55-gallon container that was located towards the back of the HWAA (Inspection Report, Photo #28 & Photo #29). The material was observed to be leaking from the top of the container and was also on the floor of the HWAA. Please provide the following information regarding the material that leaked from the container in the HWAA: a. Provide a detailed narrative describing any and all systems, agreements, and/or procedures (e.g., SOPs) the Facility has or had in place that describes how the Facility manages the material that leaked from the container from the time the material is determined to be a waste until it is shipped off-site. Please submit any and all supporting documentation (e.g., SOPs, Tolling Agreements). b. Provide a detailed description of the process or processes that generated the material that leaked from the container. c. Does the Facility have a waste profile for, or sample and analysis of the material that leaked from the container? If so, please provide the waste profile and a detailed narrative that describes the Facility's sampling process and analytical methods used. Submit any and all laboratory analysis for the material that leaked from the container. d. Provide the amount (weight and volume) of material that leaked from the container. If an exact amount cannot be determined, please estimate the amount and explain the basis for such an estimate. 7 e. Provide the exact date on which the material leaked from the container. If an exact date cannot be determined, please estimate the approximate month and year. f. Provide the "waste determination", if one was performed, for the material that leaked from the container, the date the determination was made, and provide a copy of a LDR determination. If the LDR determination was based on analytical results, provide any and all documentation of such results. g. If a hazardous "waste determination" was made for the material that leaked from the container, state whether the waste determination was based on analytic results or on the generator's knowledge of the process that generated the waste. If the determination was based on analytical results, provide any and all documentation of such results. If the determination was based upon the generator's knowledge, provide a narrative explanation of the basis for each determination, and provide any supporting documentation. h. If the material that leaked from the container was determined to be "hazardous waste" please provide the specific EPA Hazardous Waste Code(s) associated with the material that was determined to be hazardous waste. i. If the material that leaked from the container was shipped off-site, submit copies of all bills of lading, manifests (hazardous and non-hazardous), shipping invoices, and LDR notices/certifications that accompanied the off-site shipment of such waste. j. If the material that leaked from the container still remains on-site, please state where such material is currently located within the Facility and describe in detail how such material is currently being managed. 5. During the EPA inspection in the container power washing area, the inspectors observed blue liquid and white liquid on the floor in this area (Inspection Report, Photo #38 & Photo #39). Please provide the following information regarding the blue and the white liquid that was observed on the ground: a. Provide a detailed narrative describing any and all systems, agreements, and/or procedures (e.g., SOPs) the Facility has or had in place that describes how the Facility manages the material. Please submit any and all supporting documentation (e.g., SOPs, Tolling Agreements). b. Provide a detailed description of the process or processes that generated the material. c. Does the Facility have a waste profile for, or sample and analysis of the material? If so, please provide the waste profile and a detailed narrative that describes the 8 Facility's sampling process and analytical methods used. Submit any and all laboratory analysis for the material. d. Provide the "waste determination", if one was performed, for the material, the date the determination was made, and provide a copy of a LDR determination. If the LDR determination was based on analytical results, provide any and all documentation of such results. e. If a hazardous "waste determination" was made for the material, state whether the waste determination was based on analytic results or on the generator's knowledge of the process that generated the waste. If the determination was based on analytical results, provide any and all documentation of such results. If the determination was based upon the generator's knowledge, provide a narrative explanation of the basis for each determination, and provide any supporting documentation. f. If the material was determined to be "hazardous waste" please provide the specific EPA Hazardous Waste Code(s) associated with the material that was determined to be hazardous waste. g. If the material was shipped off-site, submit copies of all bills of lading, manifests (hazardous and non-hazardous), shipping invoices, and LDR notices/certifications that accompanied the off-site shipment of such waste. h. If the material still remains on-site, please state where such material is currently located within the Facility and describe in detail how such material is currently being managed. 6. During the EPA Inspection, the Facility provided the inspector with copy of hazardous waste manifest #001108507WAS that was dated 9/15/20. The inspector observed that the copy of the hazardous waste manifest was not signed by the designated treatment, storage, and disposal facility ("TSDF"). Please provide the following information regarding the hazardous waste manifest #001108507WAS that was dated 9/15/20: a. Submit a TSDF signed and returned copy of the hazardous waste manifest. b. Indicate if the Facility found the signed manifest in onsite files after the inspection, or if the signed copy was retrieved from the TSDF or other off-site provider. If the signed copy was retrieved from the TSDF or other off-site provider, please indicate the exact date it was received. 7. During the EPA Inspection, the inspector requested to review hazardous waste manifests for the last three (3) years prior to the date of the inspection. A list of all the manifests provided to the inspectors for review at the time of the CEI are listed in the table below, 9 and the table includes the manifest number, the date Mauser signed the manifest, and the TSDF name, RCRA ID, and TSDF city and state: Manifest Number 001108507WAS 001108763WAS 001155622WAS 023904908JJK 024541050JJK 025422155JJK 013811447JJK 025422946JJK 025416400JJK Date Signed by Mauser TSDF Name 09/15/2020 ECOFLO, INC. 01/26/2021 ECOFLO, INC. 07/15/2021 ECOFLO, INC. 03/01/2022 CYCLE CHEM, INC. 01/27/2023 GIANT RESOURCE RECOVERY 06/21/2023 GIANT RESOURCE RECOVERY 08/31/2023 GIANT RESOURCE RECOVERY 09/13/2023 GIANT RESOURCE RECOVERY 10/27/2023 GIANT RESOURCE RECOVERY TSDF RCRA ID TSDF City, State NCD980842132 Greensboro, NC NCD980842132 Greensboro, NC NCD980842132 Greensboro, NC PAD067098822 Lewisberry, PA SCD036275626 Sumter, SC SCD036275626 Sumter, SC SCD036275626 Sumter, SC SCD036275626 Sumter, SC SCD036275626 Sumter, SC At the time of the inspection, Mauser personnel indicated the manifest records provided to the inspector at the time of the CEI were all the manifest records that Facility had onsite. Please indicate by stating "Yes" or "No" to the following questions: Did Mauser send any other shipments of hazardous waste offsite between the dates 9/15/2020 and 10/27/23, other than the offsite manifested shipments that are listed in the table above? a. If the answer to Question 7 above is "Yes", submit a TSDF signed and returned copy of the hazardous waste manifest(s). Also indicate if Mauser found the signed manifest(s) in onsite files after the inspection, or if the signed copy was retrieved from the TSDF or another off-site provider. If the signed copy was retrieved from the TSDF facility or other off-site provider, please indicate the exact date it was received. b. If the answer to the Question 7 is "No", please describe, in detail any systems, agreements, and/or procedures (e.g., SOPs) the Facility has or had in place that describes how the Facility manages its hazardous waste manifest records. 10 The provisions of Section 3008 of RCRA, 42 U.S.C. 6928, authorize EPA to pursue penalties for failure to comply with or respond adequately to an information request under Section 3007(a) of RCRA. In addition, providing false, fictitious, or fraudulent statements or representations may subject you to criminal penalties under 18 U.S.C. 1001. The information you provide may be used by EPA in administrative, civil or criminal proceedings. Your response must include the following signed and dated certification: I certify under penalty of law that I have personally examined and am familiar with the information submitted in this and all attached documents and that based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the submitted information is true, accurate and complete. Signature: Date: Name: Title: __________________________ __________________________ __________________________ __________________________ With regard to the Small Business Regulatory Enforcement and Fairness Act ("SBREFA"), please see the "Information for Small Businesses" memo, at the Small Business Regulatory Enforcement and Fairness Act, which might be applicable to your facility. This enclosure provides information on contacting the SBREFA Ombudsman to comment on federal enforcement and compliance activities and also provides information on compliance assistance. As noted in the enclosure, any decision to participate in such program or to seek compliance assistance does not relieve your facility of its obligation to respond in a timely manner to an EPA request or other enforcement action, create any rights or defenses under law, and will not affect EPA's decision to pursue an enforcement action. To preserve your facility's legal rights, you must comply with all rules governing the administrative enforcement process. The Ombudsman and fairness boards do not participate in the resolution of EPA's enforcement actions. EPA has not made a determination as to whether or not your facility is covered by SBREFA. Your facility is entitled to assert a claim of business confidentiality covering any part or all of the information submitted, in a manner described in 40 C.F.R. 2.203(b). Information subject to a claim of business confidentiality will be made available to the public only in accordance with 40 C.F.R. Part 2, Subpart B. Unless a claim of business confidentiality is asserted at the time the requested information is submitted, EPA may make this information available to the public without further notice to your facility. The required information must be submitted to EPA within thirty (30) calendar days from the receipt of this letter. Please submit your response to this request electronically to: Andrew Ma, Physical Scientist Email: Ma.Andrew@epa.gov U.S. Environmental Protection Agency, Region III 11 You may submit your response using one of the following options: a) via email to ma.andrew@epa.gov or b) by requesting a link from Andrew Ma at ma.andrew@epa.gov for a secure EPA file transfer site where you may upload your response. Please note, the EPA cannot receive compressed files (.zip) via email. If you wish to submit compressed files, please select option b), above. If you prefer not to send documents that you have claimed as confidential business information ("CBI") to the EPA by email, please send them as electronic files through the EPA's secure file transfer site (option B). Prior to submitting your response, please send an email to ma.andrew@epa.gov indicating which option you have selected to submit your response to this request. If you have any questions concerning this matter, please contact Mr. Ma, Physical Scientist, at 410.305.3429 or ma.andrew@epa.gov. Sincerely, Digitally signed by JEANNA JEANNA HENRY HENRY Date: 2024.03.22 16:09:33 -04'00' Jeanna R. Henry, Branch Chief Air and RCRA Branch Enforcement and Compliance Assurance Division U.S. Environmental Protection Agency, Region 3 cc: Andrew Ma (3ED22) (ma.andrew@epa.gov) Brian Coblentz (MDE) (brian.coblentz@maryland.gov) Pauline Belgiovane (3ED20) (belgiovane.pauline@epa.gov) 12