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RESPONSE TO SECTION II - <br /> OBSERVATIONS AND REGULATORY AREAS OF CONCERN <br /> OBSERVATION NO. 1: Sierra Chemical has not determined whether or not accumulated <br /> water and bleach solution is hazardous waste within Wet Product Packaging secondary <br /> containment system. Reportedly the accumulated liquid is collected then filtered and used to <br /> produce a sodium hypochlorite product called ProBleach. Regulatory Area of Concern:A waste <br /> generator must determine if the waste generated is hazardous waste. 22 CCR§66262.11 [40 <br /> CFR§262.11]. <br /> RESPONSE: The Company disputes the allegation that it was required to make a hazardous <br /> waste determination because the observed liquid had not been discarded. The observed liquid is <br /> part of the process make-up water from the 4x1 line. In other words, it is recirculated back in the <br /> process and at no time was the liquid a waste. See Bleach Process Flow Diagram, attached as <br /> Exhibit B. As a best practice, Sierra installed signage in this area to clarify that the liquid is in- <br /> process. The signage also identifies the constituents of the liquid. See Photograph 1, below. <br /> Photograph 1: <br /> �e <br /> - e <br /> I <br /> OBSERVATION NO.2: Wet Product Packaging secondary containment system epoxy coating <br /> is peeling, allowing the solution to penetrate the underlying concrete. Regulatory Area of <br /> Concern: Facilities shall be maintained and operated to minimize the possibility of afire, <br /> explosion, or any unplanned sudden or non-sudden release of hazardous waste or hazardous <br /> waste constituents to air, soil, or surface water which could threaten human health or the <br /> environment. 22 CCR§§66262.34(a)(4); 66265.31 [40 CFR§§262.34(a)(4); 265.31]. <br /> RESPONSE: As stated above, any liquid in the Wet Product Packaging containment system is <br /> not a waste. Therefore, the system is not regulated under RCRA. In any event, bleach does not <br /> degrade concrete. Intact concrete in an un-deteriorated condition is sufficient to minimize the <br /> possibility of release. Also, importantly, the coating observed by EPA (which is fiberglass <br /> reinforced plastic ("FRP"), not epoxy)may have a cosmetic purpose but does not serve a <br /> containment function here. The FRP was installed before Sierra acquired the facility in 2011, and <br /> while Sierra cannot know precisely why the prior owner installed the FRP, such a coating can <br /> 2 <br /> 26731756v.9 <br />