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Hazardous Waste Program Inspection 2 June 2010 <br /> Kentuckiana Railcar Repair, LLC, Stockton, CA <br /> HW container must be labeled with at least the following information: the word <br /> "Hazardous Waste", Name and address of generator, accumulation Start date, <br /> physical state, hazardous properties, and content. Also, Pursuant to CCR section <br /> 66265.173(a) a HW container must be closed at all times except when adding or <br /> removing HW. Begin practice immediately. Provide correction action to this office <br /> by 5/18/10. <br /> Progress Rail has reviewed the California Code of Regulations (CCR), Title 22, Division <br /> 4.5, Chapter 14 Standards for Owners and Operators of Hazardous Waste Transfer, <br /> Treatment, Storage and Disposal Facilities, Article 9 — Use and Management of <br /> Containers, 66264.175 — Containment, (b), subsections (1) through (5), and believes the <br /> facility secondary containments were in compliance at the time of inspection. <br /> Specifically, subsection (5) indicates that "spilled or leaked waste shall be removed from <br /> the sump or collection area in as timely a manner as is necessary to prevent overflow of <br /> the collection system". Since the facility routinely inspects containments and periodically <br /> removes collected materials before there is a risk of overflow, it appears to have been in <br /> compliance with this regulation. Furthermore, temporary accumulation of some liquid in <br /> containments below levels that would represent a potential for overflow, as observed <br /> during the inspection, is not inconsistent with this regulation — in fact, if containments are <br /> not dry but have captured some liquid, it shows they are performing as required. <br /> Subsection (5) further states; "If the collected material is a hazardous waste under chapter <br /> 11 of this division, it shall be managed as a hazardous waste in accordance with all <br /> applicable requirements of chapters 12 through 16 of this division". Again, facility <br /> procedures were compliant because hazardous liquids removed from containments are <br /> managed as hazardous wastes. <br /> Progress Rail does not believe that secondary containments are considered hazardous <br /> waste containers. As the regulation cited above states, if collected material is hazardous <br /> waste it shall be managed as hazardous waste in accordance with the applicable <br /> requirements of chapters 12 through 16. That is, the materials are not subject to <br /> hazardous waste requirements until collected from containments. Consequently, <br /> secondary containments are not hazardous waste storage containers and do not have to <br /> satisfy requirements such as labeling. <br /> Even though secondary containment was believed compliant at the time of the inspection, <br /> Progress Rail has voluntarily implemented some additional measures to minimize the <br /> potential for accidental releases from containers and containments further. In this regard, <br /> products/wastes are now stored in three covered units with secondary containment, as <br /> illustrated in enclosed Photos numbered 1, 2, 3, 4, 5 and 6. <br /> In your report, the response date for this violation was 5/18/10. Progress Rail believes <br /> this was a typographical error and the intended date was 6/18/10, similar to the other <br /> violations. <br />