Enforcement - Common Violations
Federal Facility Coordinators often receive requests from federal agencies who are interested in the typical or common violations identified at Federal Agencies as a result of environmental compliance inspections. The following is a list compiled from several Regions including Region III that identifies common violations that have been identified during recent inspections.
In an effort to improve environmental compliance within the Federal Facility community, this list is provided with the hope that these lessons learned can be disseminated to facilities in Region III. The following list of common violations may not apply to all Federal Facilities in the Region, but is provided to assist them in identifying some common problems as a result of recent inspections.
Resource Conservation and Recovery Act (RCRA), Subtitle C (Hazardous Waste)
- Failure to properly sample and/or test hazardous waste or apply knowledge of waste as required to comply with Subpart C waste determinations.
- There are open hazardous waste containers not currently in use. There are no hazardous waste labels or containers are mislabeled.
- Inadequate aisle space exists.
- Hazardous waste signs and emergency numbers are not posted at hazardous waste storage areas.
- Drums in the storage areas have been there longer than 90 days.
- Satellite accumulation areas have more than one 55-gallon drum.
- Incompatible waste materials /wastes are stored next to each other. Drums lack secondary containment per state requirements.
- There is a lack or incomplete inspection of the weekly logs at the hazardous waste storage areas per state requirements.
- Large quantity generators lack a training plan, have no annual RCRA training, and/or have poor training records.
- The hazardous waste contingency plan is incomplete and/or has not been sent to the local emergency entities.
- Land ban notifications do not accurately reflect the waste.
- Contractors ordinarily handle waste determinations and manifests. The facility staff signing the manifests is legally responsible for both waste determinations and accurate reporting on the manifests.
RCRA ,Subtitle I Underground Storage Tanks (USTs):
- Failure to provide any release detection for underground piping.
- USTs have not been registered.
- Leak detection testing has not been conducted on an UST.
- Release detection monitoring has not been conducted.
- Failure to perform required maintenance on and calibration of electronic tank leak detection devices. A solution for this problem maybe to include operational programming and maintenance in the equipment installation contracts.
- Failure to maintain records of leak detection device maintenance.
- Failure to maintain UST release detection records (records of monthly testing for automatic systems).
- Failure to properly mark the fill ports and other ports of the UST systems at the facility (API standards for color coding, stage 1 vapor recovery orange, unleaded gasoline white with a black X).
- Failure to properly close UST systems.
- Failure to properly install UST systems (fiberglass risers on tank vent pipes).
Clean Water Act (CWA) and the Spill Prevention, Control, and Countermeasure Plan(SPCC):
- The Facility lacks a plan. An SPCC plan is required when there are more than 660 gallons in a single oil tank or there are more than 1,320 gallons in aggregate above ground or there are more than 42,000 gallons of oil below ground.
- The plan is missing key elements required in the Code of Federal Regulations Part 112.7.
- The plan has not been reviewed every 3 years.
- The plan has not been signed and dated by a Certified P.E.
Clean Water Act (CWA) - National Pollutant Discharge Elimination System (NPDES):
- There has been a failure to obtain a NPDES permit for wastewater discharges.
Clean Air Act (CAA):
Violations of the New Source Performance Standards, including:
- Failure to submit proper start-up notifications for boilers.
- The particulate standard has been exceeded because the opacity monitor has been incorrectly calibrated.
- There is a failure to submit excess-emission reports.
- There has been operation of combustion equipment without valid permits.
- There has been a failure to provide proper notification for asbestos demolition and renovation activities.
- There has been a failure to record the location of asbestos-containing material on the facility deed.
CAA CFC Program - Process refrigeration, MVACs, Disposal & Certification
- CFC technicians did not have certification cards on their person.
- Refrigerant/recovery machines not certified with the EPA.
- Purchase invoices for all the refrigerant/recovery machines were not available. These invoices are necessary for the confirmation of the usage start date for such equipment.
- Careful and proper disposal handling of CFC containing equipment.
Toxic Substances Control Act (TSCA):
- Lead Based Paint
- Failure to provide lead-based paint disclosures.
Safe Drinking Water Act (SDWA) - Underground Injection Control (UIC):
- Unauthorized and unpermitted injection (e.g., operation of wells without a permit).
- Endangerment (e.g., injection of material into wells which may adversely affect human health).
- Owner/operator failed to inspect the facility for presence of asbestos prior to starting demolition/renovation. 61.145(a)
- Failed to deposit all ACWM (asbestos containing waste material) as soon as practical at an approved/properly operated site. 61.150(b)
- Failed to provide a copy of the waste shipment records to the disposal site owners/operators (O/O) at the same time the ACWM is delivered. 61.150(d)(2)
- Failed to report in writing to the local, State or EPA Regional Office when a copy of the waste shipment record signed by the O/O of the designated waste disposal site is not received by the waste generator within 45 days of the date the waste was accepted by the initial transporter. 61.150(d)(4)
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