EPA v. AMERICAN FUJI SEAL, INC.

Case summary

8/5/2021 - Consent Agreement and Final Order Issued: At the time of the November 2016 inspection, the inspectors observed that the Respondent failed to conduct hazardous waste determinations on three waste streams, including waste solvent wipes stored in the Flexo Wash Room, waste personal protective equipment stored in the PRI Rinse Room, and liquid waste stored in the pit in the Engraving Area. The inspectors observed that four waste profiles had not been registered with KDEP, including solvent waste in the Black Tank, the waste lead, the waste ammonium, and the waste hydrochloric acid . The inspectors observed that the Respondent failed to ensure the Flexo Tank and the Dirty Tank did not store hazardous waste for greater than 90 days. The inspectors observed that the Respondent failed to close a container in the Renzman Room area and four containers in the Press Ready area. At the time of the CEI, the inspectors observed the Respondent failed to conduct weekly inspections at Press Room and Press Ready areas. The inspectors observed one 55-gallon metal container next to the Black Tank storing solvent waste (D001, F003), which did not have a lid or closure device secured in the closed position. The inspectors observed that the Respondent failed to obtain, submit and maintain onsite a written assessment(s) certified by an engineer attesting that the Flexo Tank, the Dirty Tank, and the Black Tank have sufficient structural integrity and are acceptable for storing and treating of hazardous waste. The inspectors observed that the Respondent failed to provide secondary containment or failed to provide adequate secondary containment for the Flexo Tank, the Dirty Tank, the Acid Tank, and the Black Tank. The inspectors observed that the Respondent failed to conduct daily inspections of the Flexo Tank and the Dirty Tank. The inspectors observed that the Respondent failed to mark equipment subject to 40 C.F.R. Part 265, Subpart BB in such a manner that it could be distinguished readily from other pieces of equipment. The inspectors observed that the Respondent failed to monitor all pumps subject to 40 C.F.R. Part 265, Subpart BB to detect leaks month. The inspectors observed that the Respondent failed to monitor all valves subject to 40 C.F.R. Part 265, Subpart BB to detect leaks monthly. The inspectors observed that the Respondent failed to maintain 40 C.F.R. Part 265, Subpart BB records. The inspectors observed that the Respondent failed to determine the applicable air pollutant emissions controls for the Flexo Tank, the Dirty Tank, and the Black Tank. The inspectors observed that the Respondent failed to determine the maximum organic vapor pressure of the hazardous wastes managed in the Flexo Tank, the Dirty Tank, and the Black Tank. The inspectors observed that the Respondent failed to equip the Flexo Tank with a fixed roof and closure device. The inspectors observed that the Respondent failed to secure closure devices on tanks subject to 40 C.F.R. Part 265, Subpart CC in the following ways: a. The Dirty Tank was vented to the atmosphere with an open-ended pipe. There was no closure device secured in the closed position on this pipe. b. The Black Tank was observed to have a hole in the top of the fixed roof where a 4-inch diameter overflow hose drained into a 55-gallon metal container beside the tank. There were Consent Agreement gaps around this overflow hose. The open-ended overflow hose was not secured with a closure device in the closed position.

Defendants (1)

• AMERICAN FUJI SEAL, INC.Named in complaintNamed in settlement

Facilities (2)

• AMERICAN FUJI SEAL

  1051 BLOOMFIELD ROAD, BARDSTOWN, KY, 40004-9794

  Registry ID: 110000883615

• AMERICAN FUJI SEAL

  1051 BLOOMFIELD ROAD, BARDSTOWN, KY, 40004-9794

  Registry ID: 110000883615

Statutes cited

• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste
• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste

Enforcement conclusions (1)

• AMERICAN FUJI SEAL, INC.entered 2021-08-05

  Primary law: RCRA

  Federal penalty: $149,000

Timeline (4 milestones)

• 2021-08-05Complaint Filed/Proposed Order
• 2021-08-05Final Order Issued
• 2021-08-25Enforcement Action Closed
• 2021-08-27Enforcement Action Data Entered