Document rQga9QJY21e3Q1avbXV0D20J

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 5 77 WEST JACKSON BOULEVARD CHICAGO, IL 60604-3590 ELECTRONIC MAIL DELIVERY RECEIPT REQUESTED Mr. Adam Krajicek Director Department of Environmental Health and Safety University of Minnesota St. Paul 1420 Eckles Avenue St. Paul, Minnesota 55108 krajicek@umn.edu Re: Warning Letter: Notice of Potential Violations University of Minnesota St. Paul EPA I.D. No.: MND980613822 Minnesota Dear Mr. Krajicek: On October 25, 2021, the U.S. Environmental Protection Agency conducted a RCRA compliance evaluation inspection of the University of Minnesota St. Paul ("U of MN St. Paul or you") located in St. Paul, Minnesota. The purpose of the inspection was to evaluate U of MN St. Paul's compliance with certain provisions of RCRA and its implementing regulations related to the generation, treatment and storage of hazardous waste. Information currently available to EPA suggests that U of MN St. Paul may be in violation of RCRA. By this letter, EPA is extending to you an opportunity to advise the Agency, in person or in writing, of any further information EPA should consider with respect to the potential violations. We request that you voluntarily submit a response in writing to us no later than 30 calendar days after receipt of this letter documenting the actions, if any, which you have taken since the inspection to address the potential violations identified below or demonstrating why the violation(s) have not occurred. At this time, EPA does not plan additional enforcement action under RCRA in response to the potential violations identified in this letter assuming U of MN St. Paul demonstrates full compliance. EPA, however, reserves it rights to take additional actions under RCRA including issuing an information request, seeking a penalty, and issuing an order. Potential Violations 1. Used Oil Filters Requirement Under Minn. R. 7045.0990, Subpart 3.A., containers used to store used oil filters at generator facilities must be kept closed and leakproof with the words "Used Oil Filters." At the time of the inspection, one container of used oil filters, located in the Fleet Services Ground and Maintenance Building was not closed. 2. Universal Waste Requirement Under 40 CFR 273.13 (d), a large quantity handler of universal waste lamps must be stored in closed containers that are structurally sound, adequate to prevent breakage, and compatible. U of MN St. Paul is a large quantity handler of universal waste because it accumulates 5,000 kilograms or more of universal waste at any time. At the time of the inspection, U of MN St Paul's six containers of waste lamps were not closed. Actions Requested In order to ensure compliance, by no later than 30 calendar days from the date of this letter, please provide information documenting the actions, if any, which you have taken since the inspection to address the identified potential violations or demonstrating why the violation(s) have not occurred. Please send all reports requested by this letter by electronic mail to: r5lecab@epa.gov and burrus.sheila@epa.gov The subject line of all email correspondence must include EPA I.D. No.: MND980613822. All electronically submitted materials must be in final and searchable format, such as Portable Document Format (PDF) with Optical Character Recognition (OCR) applied. If you are unable to send a response to these email addresses due to email size restrictions or other problems, contact Sheila Burrus to make additional arrangements for transmission of the response. If you are unable to respond in a timely fashion because of impacts related to the COVID-19 pandemic, please submit a written extension request via email to Sheila Burrus at burrus.sheila@epa.gov, explaining the specific impacts on your ability to respond. This letter is not subject to the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., because it seeks information from specific individuals or entities as part of an administrative investigation. You may assert a claim of business confidentiality under 40 C.F.R. Part 2, Subpart B for any part of the information you submit to EPA in response to this letter. Information subject to a business confidentiality claim is available to the public only to the extent, and by means of the procedures, set forth at 40 C.F.R. Part 2, Subpart B. If you do not assert a business confidentiality claim when you submit the information, EPA may make this information available to the public without further notice. 2 The EPA contact in this matter is Sheila Burrus. You may call her at (312) 886-3587 if you have additional questions. Thank you for your prompt attention to these concerns and your efforts to protect human health and the environment. Sincerely, MICHAEL HARRIS Digitally signed by MICHAEL HARRIS Date: 2021.12.14 14:52:19 -06'00' Michael D. Harris Division Director Enforcement and Compliance Assurance Division cc: Kit Grayson, MPCA (kit.grayson@state.mn.us) 3