EPA v. KASAI NORTH AMERICA

Case summary

AUGUST 2, 2022 - CONSENT AGREEMENT: On August 30-31, 2021, EPA and TDEC conducted a compliance evaluation inspection (CEI) at the Respondent's Facility. EPA's findings of the CEI were documented in a report initially emailed to the Respondent on October 21, 2021, and the amended report dated November 22, 2021. At the time of the inspection, the EPA inspector observed that the Respondent failed to clearly mark an accumulation start date and failed to label or clearly mark the words Hazardous Waste on two containers of spent solvent from glue gun cleaning activities (F003/F005), conducted in the spray booths, (F003/F005) and one container of MDI spent solvent (D001 /0035), conducted in the Glass Mat Room, both in the Central Accumulation Area (CAA) in the Glue Room; and that Respondent failed to clearly mark the accumulation stai1 date on one container of glue contaminated solvent (F003/F005) and failed to label or clearly mark the words Hazardous Waste on one container of still bottoms (F003/F005), both in the Glue Room Recycle Area CAA. EPA inspector reviewed records that indicated the glue gun operators, which generate and manage spent solvent from glue gun flushing, and the Glue Room operators, which generate and manage used oil, universal waste, and hazardous waste in CAAs, did not receive an annual RCRA refresher training in 2020. EPA inspector reviewed training records for personnel that generate and manage spent solvent from glue gun flushing activities (F003/F005) and determined that they did not include the following: the job title for each position at the Facility related to hazardous waste management, and the name of the employee filling each job; a written description for each position at the Facility related to hazardous waste management; and documentation of the training required being given to and completed by each person filling a position at the facility related to hazardous waste management. EPA inspector observed that the Respondent failed to include an evacuation plan for facility personnel in the Contingency Plan. EPA inspector observed the Respondent was storing one container of MDI spent solvent (0001/00035), in the CAA of Plant 1, dated May 10, 2021, which exceeds the allowable 90-day period that a LQG may store hazardous waste onsite without a permit or interim status, by 22 days. EPA inspector observed that the Respondent failed to mark one container of MEK contaminated rags (0001/0005), located in the SAA of the spray booth area of Plant 1.5, and one five-gallon container of glue contaminated solvent (F003/F005), located in Plant I, with the words Hazardous Waste or with other words that identify its contents. EPA inspector observed that the Respondent failed to immediately clean up, or place in a container, remnants from one broken universal waste light bulb in the CAA of Plant I.

Defendants (1)

• KASAI NORTH AMERICANamed in complaintNamed in settlement

Facilities (4)

• M TEK INCORPORATED

  1020 VOLUNTEER PARKWAY, MANCHESTER, TN, 37355

  Registry ID: 110000371464

• M TEK INCORPORATED

  1020 VOLUNTEER PARKWAY, MANCHESTER, TN, 37355

  Registry ID: 110000371464

• M TEK INCORPORATED

  1020 VOLUNTEER PARKWAY, MANCHESTER, TN, 37355

  Registry ID: 110000371464

• M TEK INCORPORATED

  1020 VOLUNTEER PARKWAY, MANCHESTER, TN, 37355

  Registry ID: 110000371464

Statutes cited

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

Enforcement conclusions (1)

• KASAI NORTH AMERICAentered 2022-08-02

  Primary law: RCRA

  Federal penalty: $28,000

Timeline (4 milestones)

• 2022-08-02Final Order Issued
• 2022-08-02Complaint Filed/Proposed Order
• 2022-08-15Enforcement Action Closed
• 2022-08-24Enforcement Action Data Entered