EPA v. SONOCO HICKORY

Case summary

MAY 19, 2022 - CONSENT AGREEMENT: On March 18, 2021, the EPA and the North Carolina Department of Environmental Quality (NCDEQ) conducted a joint compliance evaluation inspection (CEI) at the Facility. The EPA's findings of the CEI were documented in a report mailed to the Respondent, dated April 29, 2021. Respondent was attempting to meet the conditions of the Closed-Loop Recycling Exemption for the equipment used to transfer spent solvents from the points of generation at the printing presses to the 2,000-gallon tank, for the 2,000-gallon tank, and for the equipment used to transfer spent solvents from the 2,000-gallon tank to the distillation unit. The EPA determined that Respondent's solvent recycling system was not meeting the conditions for operating under the Closed-Loop Recycling Exemption, because spent solvents were occasionally removed from the system for shipment off-site as hazardous waste and because clean solvent was routinely removed from the system for use on-site. The EPA also reviewed a letter from Respondent's consultant to Respondent which indicated that the system ceased meeting the conditions for operating under the Closed-Loop Recycling Exemption when Press 15, one of the four flexographic printing lines, was added at the Facility in 2020. The inspectors noted that for equipment used to transfer spent solvents and inks from the point of generation to the 2,000-gallon tank, Respondent: a. had not marked each piece of equipment in such a manner that it could be distinguished readily from other pieces of equipment; b. had not conducted any air monitoring of this equipment; and c. did not provide the following records for this equipment: equipment identification number and hazardous waste management unit identification, approximate locations within the facility, type of equipment, percent-by-weight total organics in the hazardous waste stream at the equipment, hazardous waste state at the equipment, or method of compliance with the standard. At the time of the CEI, Respondent provided calculations to demonstrate that the equipment used to transfer hazardous waste still bottoms from the distillation unit to the 4,000-gallon tank is operated for approximately 15.4 hours each year. Respondent attempted to meet the conditions of the Less Than 300-Hour Exemption by removing hazardous waste still bottoms from the equipment between transfer events via gravity flow. EPA determined that gravity flow would not cause hazardous waste still bottoms to exit the pneumatic pump used to transfer this material from the distillation unit to the 4,000-gallon tank. Therefore, Respondent failed to show that the pneumatic pump contains, or contacts hazardous waste still bottoms for less than 300-hours per year. The inspectors noted that for the pneumatic pump, which is used to transfer hazardous waste still bottoms from the distillation unit to the 4,000-gallon tank and did not meet the conditions of the Less Than 300-Hour Exemption, Respondent: a. had not marked the equipment in a manner that it could be distinguished readily from other pieces of equipment; and b. had not conducted monthly air monitoring to detect leaks or conducted weekly visual inspections of the pump for indications of liquids dripping. The inspectors observed that the 2,000-gallon tank was not marked or labeled with the words Hazardous Waste. No records of annual visual inspections of the fixed roof or closure devices were available for the 2,000-gallon tank. No records of daily inspections of the 2,000-gallon and 4,000-gallon tanks were available for five consecutive days when the tanks were in operation in December 2018, April 2019, May 2019, and December 2020, for four consecutive days when the tanks were in operation between December 2019 and January 2020, or for four consecutive days when the tanks were in operation in April 2020, July 2020, and September 2020.

Defendants (1)

• SONOCO HICKORYNamed in complaintNamed in settlement

Facilities (2)

• TOPPAN PACKAGING USA (HICKORY) INC.

  1246 MAIN AVE SE, HICKORY, NC, 28602

  Registry ID: 110000891447

• TOPPAN PACKAGING USA (HICKORY) INC.

  1246 MAIN AVE SE, HICKORY, NC, 28602

  Registry ID: 110000891447

Statutes cited

• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste

Enforcement conclusions (1)

• SONOCO HICKORYentered 2022-05-19

  Primary law: RCRA

  Federal penalty: $52,000

Timeline (4 milestones)

• 2022-05-19Complaint Filed/Proposed Order
• 2022-05-19Final Order Issued
• 2022-06-03Enforcement Action Data Entered
• 2022-06-10Enforcement Action Closed