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A presentation by Scott Lemmons about the inspection process and followup interactions surrounding a solvent still tank.
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The Haz Waste Storage Tank I Didn’t Realize I Had
Presentation to Missouri Hazardous Waste Seminar
ByScott D. Lemmons, CHMM
November 4, 2014
Overview of LHB Industries
• Founded in 1933
• Operate 2 facilities
• 10440 Trenton Avenue in Overland
• 8833 Fleischer Place in Berkeley
• Over 95% of our Direct Labor is legally Blind
Berkeley Operations• 92,500 square foot under roof
• Primary Products include:
• Aerosol and Liquid Paints
• Aerosol & Liquid Cleaning Products
• Pesticides & Repellants
• Liquid Soaps
Products
4
AERIAL PHOTOTHE BERKELEY FACILITY
8833 Fleischer Place
WHAT ??? This can’t be a Haz Waste Storage Tank!!!
Not a Haz Waste Storage Tank Basis # 1
• Material is not a waste
• It is not discarded and it has value to LHB
• RR Permit “Rules the Day”
• Not cite before; operating for 17 yrs.
• Response
• Material is a spent solvent therefore Haz Waste
• Regulations not the Permit Requirements
• Tank must meet the requirements for LQG
Not a Haz Waste Storage Tank
Basis # 2
• Exception in 40 CFR 261.4(a)(23)
• Hazardous secondary material generated and reclaimed… and managed in land based units is not a solid waste provided:
• The material is contained
• The material is generated and reclaimed under the control of the generator
• Is not speculatively accumulated
• The reclamation of the material is legitimate
• Must provide notification
Not a Haz Waste Storage Tank
Basis # 2 • Response
• Land-based unit means an area where hazardous secondary materials are placed in or on the land before recycling. This definition does not include land-based production units.
• An example of a land-based unit is landfill, surface impoundment, etc.
Not a Haz Waste Storage Tank Basis # 3
• Exception in 40 CFR 261.2(a)(2)(ii)
• Hazardous secondary material is not discarded if it generated and reclaimed under the control of the generator, not speculatively accumulated, is handled only in non-land-based units and is contained in such units… and the reclamation of the material is legitimate.
Not a Haz Waste Storage Tank
Basis # 3 • Response• The material has been claimed to be a spent
solvent, which would be considered a solid waste as it no longer is usable to the generator per 40 CFR 261.2(c)(3).
• Section 261.4 (a)(23) provides a solid waste exclusion for hazardous secondary materials that are reclaimed, not waste materials.
Why I am now Convinced It’s a Haz Waste Storage Tank
• 1986 Letter from EPA to PRI• Operational units are exempted from permitting
regulations when those operations involve recycling of hazardous wastes.
• However, there is no exemption for certain recycling practices constituting disposal. Additionally, the storage, transport and generation that precedes this activity are regulated without any special considerations for recycling activities.
Changes LHB Made
• Daily Inspection of Distillation Unit Area
• Maintain a logsheet of the inspections.
• Ensure tank is emptied within 24 hours
• Records are maintained in the Input Log
• Signage on the tank.
After the Changes
Contact Information
Scott Lemmons, CHMM
E H & S Manager
LHB Industries
314-423-4333 ext 203
