EPA v. RUST-OLEUM CORPORATION

Case summary

1. Respondent was storing the following hazardous waste in satellite accumulation containers that were not labeled with the words hazardous waste or other words to identify their contents as required by COMAR 26.13.03.05E(3)(b), and the applicable permit exemption condition set forth at COMAR 26.13.03 .05.E( 1 )(f)(ii): 2. Respondent was storing the following hazardous waste in a 90-Day container that was not marked with a start accumulation date as required by COMAR 3. On March 21, 2017, Respondent violated the requirements of COMAR 26.13.05.090 by failing to hold hazardous waste in containers that are always kept closed during storage, except when it is necessary to add or remove waste. 4. On March 21, 2017, Respondent also violated the requirements of COMAR 26.13.05.021 by failing to provide sufficient aisle space, at a minimum of 2 feet in width, to allow for inspections of the Facility and compliance with COMAR 26.13.05.03F. 5. From February 26, 2016 to June 12, 2018, Respondent violated the requirements of COMAR 26.13.05.04C(3), ( 4) and (5), by failing to have a contingency plan that included arrangements by local response organizations to coordinate emergency services, contact information for the emergency coordinators, or a list of emergency equipment and their locations. 6. During the following time periods, March 21, 2014 through March 31, 2015, and April 1, 2016 through March 21, 2017, for a total of646 days, Respondent violated the requirements of COMAR 26.13.05.10D(S), by failing to document, in the operating record of the Facility, inspections of the Hazardous Waste Tank 7. From March 2014 through April 2016, Respondent violated the requirements of COMAR 26.13 .05 .09E, by failing to inspect areas where containers are stored, at least weekly, looking for leaks and for deterioration of containers and the containment system caused by corrosion or other factors. 8. In the alternative, from March 2014 through April 2016, Respondent violated the requirements of COMAR 26.13.05.02F(4) by failing to record inspections in an inspection log or summary, and/or keep these records for at least 3 years from the date of inspection. 9. On March 21, 2017, Respondent violated 40 C.F.R. ? 264.l 063(d) by failing to determine, for approximately 193 pieces of equipment, whether the equipment contained or contacted a hazardous waste with 10% or more organic concentration. 10. On March 21, 2017, Respondent violated the requirement of 40 C.F.R. ? 264.1050(d) of Subpart BB by failing to mark approximately 193 pieces of equipment subject to 40 C.F .R. Part 264, Subpart BB in a manner such that they could be distinguished readily from other pieces of equipment. 11. On March 21, 2017, Respondent violated the requirements of 40 C.F.R. ? 264.1064(b) by failing to record in the Facility record the equipment identification numbers and other specified information for approximately 193 pieces of equipment at the Facility subject to Subpart BB of 40 C.F.R. Part 264. 12. From January 21 2015 to March 21, 2017, Respondent violated the requirements of 40 C.F.R. 264.1052(a) and 264.1057(a) by failing to monitor monthly approximately 83 pumps and valves subject to Part 264, Subpart BB for a total of 41 months. On March 21, 2017, Respondent violated the requirements of 40 C.F.R. 264.1056(a) by failing to equip an open-ended line, subject to Subpart BB of 40 C.F.R. Part 264, with a cap, blind flange, plug, or a second valve.

Defendants (1)

• RUST-OLEUM CORPORATIONNamed in complaintNamed in settlement

Facilities (2)

• RUST-OLEUM CORPORATION

  16410 INDUSTRIAL LANE, WILLIAMSPORT, MD, 21795

  Registry ID: 110000555907

• RUST-OLEUM CORPORATION - HAGERSTOWN

  16410 INDUSTRIAL LANE, WILLIAMSPORT, MD, 21795

  Registry ID: 110072196501

Statutes cited

• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste

Enforcement conclusions (1)

• RUST-OLEUM CORPORATIONentered 2018-09-26

  Primary law: RCRA

  Federal penalty: $168,000

Timeline (4 milestones)

• 2018-09-26Complaint Filed/Proposed Order
• 2018-09-26Final Order Issued
• 2018-09-28Enforcement Action Data Entered
• 2018-10-10Enforcement Action Closed