Notice of Noncompliance 2003 Packaging Corporation of America,Northampton
NOTICE OF NONCOMPLIANCE,NON-WE-02-9064-27A
Page 2 of 5
substance or other input.if you are not already doing so,may lead to identification of additional source
reduction opportunities.
For further information on source reduction of toxic and other waste you may contact:
the Office of Technical Assistance(617-626-1060)for FREE,CONFIDENTIAL
technical assistance including on-site assessments. financial evaluations, the handbook
"The Practical Guide to Toxics Use Reduction",and other resources.
the Toxics Use Reduction Institute (978-934-3262)for courses for certified "Toxics Use
Reduction Planners."
DEP's Toxic Use Reduction Implementation Team(617-292-5870)for guidance material
on the Toxics Use Reduction Act requirements.
If you have any questions on this matter,please contact Daniel Balboni of this office at 413-755-2126.
Sincerely,
ykal
Saadi Motamedi
Section Chief
Compliance&Enforcement
Bureau of Waste Prevention
Westem Region
SM/DIB/djb
Certified Mail No..Return receipt requested
Enclosure
cc: Steven Ellis(two copies).Peter Czapienski,DEP/WERO
Board of Health
Office of Technical Assistance,251 Causeway St., Suite 900,Boston. MA 02114-2136; Attn:
Bill McGowan
JANE M. SWIFT
Governor
COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
436 Dwight Street•Springfield,Massachusetts 01103• (413)784-1100
CERTIFIED: 7000 0600 0023 7777 2637
Packaging Corporation of America
525 Mt. Tom Road
Northampton,MA 01060
Atm: Thomas Dougherty
NOV 15 2002
Enforcement Document No.NON-WE-02-9064-27A
BOB DURAND
Secretary
LAUREN A LISS
Commissioner
RE: BWP—Northampton
Noncompliance with M.G.L. c.21,
21 C, 111 and 310 CMR 7.00, 30.000&
314 CMR 12.00
• SR#0420574
SM1000
• MAD053388443
SQG-MA
• DEP Facility ID# 130218
NOTICE OF NONCOMPLIANCE
THIS IS AN IMPORTANT NOTICE FAILURE TO TAKE ADEQUATE ACTION IN
RESPONSE TO THE NOTICE COULD RESULT IN SERIOUS LEGAL CONSEQUENCES
Department personnel have observed that,on July 25, 2002,activity occurred at your facility,located at 525
Mt,Tom Road.Northampton, Massachusetts,in noncompliance with one or more laws.regulations,orders.
licenses,permits,or approvals enforced by the Department. Specifically,Department personnel observed
activities in noncompliance with applicable Air Pollution Control.Hazardous Waste,and Industrial
Wastewater regulations.
Attached is a written description of(1)each activity referred to above,(2)the requirements violated, (3)the
action the Department now wants you to take,and(4)the deadline for taking such action. An administrative
penalty may be assessed for every day from now on that you are in noncompliance with the requirements
described in this Notice of Noncompliance.
Notwithstanding this Notice of Noncompliance, the Department reserves the right to exercise the full extent
of its legal authority in order to obtain full compliance with all applicable requirements, including, but not
limited to.criminal prosecution,civil action including court-imposed civil penalties,or administrative
penalties assessed by the Department.
SOURCE REDUCTION OPPORTUNITIES
You may be able to reduce environmentally driven costs and possibly reduce the regulatory requirements
and fees applied to your firm if you eliminate or reduce the use of toxic materials or other inputs,or the
generation of wastes through decreased chemical use or increased process efficiency. As a result,you may
save money, and improve quality and productivity. Moreover,tracking annual usage of each toxic
This information Is available in alternate format Call Aprel McCabe,ADA Coordinator at 1-617-55&1171.TDD Service-1-880.298-2207.
DEP on the World Wide Web: http//www.mass.gov/dep
0 Printed on Recycled Paper
Packaging Corporation of America,Northampton
NOTICE OF NONCOMPLIANCE,NON-WE-02-9064-27A
Page 4 of 5
Noncompliance With the Massachusetts Hazardous Waste Management Act,M.G.L.c.21C,§§1 - 14,
and the Hazardous Waste Regulations,310 CMR 30.000
3. Hazardous Waste was being generated in very small quantities without registration with the
Department,in violation of 310 CMR 30.353(5).
[310 CMR 30.353(5)1
"A very small quantity generator shall register with the Department by
notifying the Department in writing of its activity involving hazardous
waste or regulated recyclable material. If the Department prescribes a
form for such registration, the generator shall use such form when
submitting such registration. Such a registration shall be signed and
submitted in compliance with 310 CMR 30.006 and 30.009 . The generator
shall follow such procedures as may be required, requested or authorized
by the Department to obtain and keep his status as a very small quantity
generator
4. A container of waste oil was not kept closed,in violation of 310 CMR 30.685(1) as referred to in 310
CMR 30.253(5)(b).
[310 CMR 30.685(1)]
"A container holding hazardous waste shall always be closed during storage,
except when waste is being added or removed. In the event that Federal,
State or local law or regulation requires a container to be vented, the
container shall be vented in a manner that does not present a threat to
public health, safety, or welfare or the environment."
Noncompliance with the Massachusetts Clean Waters Act,M.G.L.c.21,§§26-53,and the
regulations which implement such Act,314 CMR 12.00
5. The monitoring of pH was not being conducted in accordance with 40 CFR 136,in violation of 314
CMR [2.06(2).
[314 CMR 12.06(2)]
"All sampling and analysis required under 314 CMR 12 .00 shall be in
accordance with 40 CFR Part 136 or other methods approved by the
Department."
ACTION TO BE TAKEN,AND THE DEADLINE FOR TAKING SUCH ACTION:
Massachusetts Statute Regulating Air Pollution, M.G.L.c.111, §§142A - 142M,and the Regulations
Which Implement Such Statute,310 CMR 7.00
1. Within 14 days from the date of receipt of this notice. submit a letter to the Department documenting the
date of installation of the flexographic printer approved by plan approval 1-P-00-026.
2- Within 14 days from the date of receipt of this notice,post the results of the annual boiler inspection and
efficiency testing, in accordance with 310 CMR 7.04(4).
NOTICE OF NONCOMPLIANCE
NON-WE-02-9064-27A
NONCOMPLIANCE SUMMARY
NAME OF ENTITY IN NONCOMPLIANCE:
Packaging Corporation of America
LOCATION WHERE NONCOMPLIANCE OCCURRED OR WAS OBSERVED:
525 Mt.Tom Road
Northampton,MA 01060
DATE WHEN NONCOMPLIANCE OCCURRED OR WAS OBSERVED
July 25, 2002
DESCRIPTION OF NONCOMPLIANCE AND OF THE REQUIREMENTS NOT COMPLIED WITH:
Department personnel have determined that the following noncompliance(s) occurred at your facility
located at 525 Mt.Tom Road,Northampton,Massachusetts:
Noncompliance with the Massachusetts Statute Regulating Air Pollution,M.G.L.c.111, §§142A -
142M,and the Regulations Which Implement Such Statute,310 CMR 7.00
1. Packaging Corporation of America failed to notify the Department when a flexographic printing unit
had been installed and made operational as required in plan approval I-P-00-029, in violation of 310
CMR 7.02(3)(1).
[310 CMR 7.02(3)(f)]
"Other than as provided in 310 CMR 7 .02(2) (c) , no person shall operate a
facility approved under 310 CMR 7.02 except in compliance with any plan
approval issued to the facility. A plan approval does not reduce or negate
the responsibility of the facility owner or operator to comply with any
other applicable requirements of the Department"
2. Results of the annual boiler inspection and efficiency testing were not posted in the boiler room, in
violation of 310 CMR 7.04(4)(a).
[310 CMR 7.04(4)(a)]
"On and after December 31, 1977, no person shall cause, suffer, allow, or
permit the operation of any fossil fuel utilization facility rated by the
Department as having an energy input capacity equal to or greater than
3,000, 000 Btu per hour unless said facility has been inspected and
maintained in accordance with the manufacturers recommendations and tested
for efficient operation at least once in each calendar year. The results
of said inspection, maintenance, and testing and the date upon which it
was performed shall be recorded and posted conspicuously on or near the
facility."
Packaging Corporation of America,Northampton
NOTICE OF NONCOMPLIANCE,NON-WE-03-9064-27A
Page 5 of 5
Massachusetts Hazardous Waste Management Act,M.G.L.c.21C,§§1 - 14,and the Hazardous Waste
Regulations,310 CMR 30.000
3. Within 14 days from the date of receipt of this notice,submit a hazardous waste registration form
(attached)to this office.
4. Effective immediately,keep all containers of hazardous waste and waste oil closed except when waste
is being added or removed.
Massachusetts Clean Waters Act,M.G.L.c.21,§§26-53,and the regulations which implement such
Act,314 CMR 12.00
5. Effective immediately,conduct pH monitoring in accordance with a method approved under 40 CFR
136.
Packaging Corporation of America shall notify the Department of its intentions to comply and remain
in compliance with the above referenced regulations. Said notification shall be postmarked or
otherwise received by the Department within fourteen(14) days from the date of receipt of this
notice.
NOV 15 2002
Date:
Saadi Motamedi
Section Chief
Compliance&Enforcement
Bureau of Waste Prevention
Westem Region
I,
DIVISION OF HAZARDOUS WASTE
CHANGE OF STATUS FORM
(Name) , hereby certify that
(Title)
M.A. is located at
Company Name EPA ID Number
Site Street Address
xh notified as a: (Please check)
irdous Waste State Regulated Waste'*
QG LQG
,QG SQG
'SQG VSQG
NAC INAC
N/A
City Zip
is changing status to: (Please check)
Hazardous Waste State Regulated Waste*
LQG LQG
SQG SQG
VSQG VSQG
INAC INAC
N/A N/A
State regulated wastes include: waste oil (MA01) , PCBs (MA02) , and paint
anufacturing wastes (MA04) .
Abbreviation Definitions :
LQG = LARGE QUANTITY GENERATOR INAC = INACTIVE
SQG = SMALL QUANTITY GENERATOR N/A = NOT APPLICABLE
VSQG = VERY SMALL QUANTITY GENERATOR
:RTIFICATION
understand that the Department of Environmental Protection may inspect to
:rify our hazardous waste/state regulated waste status and I am aware that
:ere are significant penalties for submitting false information. I further
:derstand that I must notify DEP of any change in our hazardous waste/state
vitiated waste status and that this EPA identification number is only valid
the above location.
certify under penalty of law that I have personally examined and am
miliar with the information submitted in this document . I believe that the
formation is true, accurate, and complete. I an aware that there are
gnificant penalties for submitting false information, including possible
nes and imprisonment.
Print Name
Authorized Signature Date
ad the original form to the Regional Office listed below. For further
:ormation, contact (413) 784 -1100 .
Les as a reoord. Keep a copy of this statement in your
DEPARTMENT OF ENVIRONMENTAL PROTECTION
DIVISION OF HAZARDOUS WASTE
436 DWIGHT STREET, SPRINGFIELD, MA 01103
ATTN: CHANGE OF STATUS
TUS .FRM
/94 cc
MITT ROMNEY
Governor
KERRY HEALEY
Lieutenant `taverner
COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
436 Dwight Street•Springfield,Massachusetts 01103• (413)784-1100
ATTN: Mr. Thomas Dougherty
Packaging Corporation of America
525 Mt Tom Road
Northampton,MA 01060
FEB"E'i 2003
ELLEN ROY HERZFELDER
Secretary
EDWARD P.KUNCE
Acting Commissioner
RE: BWP-Northampton
Compliance with MGL. C.Noncompliance
with M.G.L.c.21,21C& 111 and 310
CMR 7.00, 30.000& 314 CMR 12.00
•DEP Facility# 130218
RETURN TO COMPLIANCE
Dear Mr. Dougherty:
As a result of an inspection conducted at the above referenced facility,the Department issued a Notice of
Noncompliance("NON"),NON-WE-02-9064-27A, on July 25,2002,for noncompliance with 310 CMR
7.00, 30.000 and 314 CMR 1200.
As a result of a re-inspection of the same facility on February 12,2003,the Department has determined that
the violations cited within the NON have been corrected. As such, the Department has determined that you
have returned to compliance with the violation(s)cited within the said NON.
Please note that the Department may perform an inspection of this facility in the future in order to ensure
that you are maintaining compliance with the Department's regulations.
If you have any questions regarding this re-inspection or concerning any other environmental regulatory
matter affecting this facility,please contact Daniel Balboni at the letterhead address or by calling(413) 755-
2126.
Sincerely,
Saadi
Section Chief
Compliance&Enforcement
Bureau of Waste Prevention
SM/DJB/djb
cc: Steven Ellis(two copies),Peter Czapienski,DEP/WERO
Northampton Board of Health
This information is available in alternate format.Call Aprel McCabe.ADA Coortiinamr at 1-617.55 6-1171.TDD Service-1-600-2298-2207.
DEP on the Woad Wide Web: blipl/vA w menns govidep
Printed on Recycled Paper