The URL can be used to link to this page

Home My WebLink AboutForbes Blvd. #130 Smith & Nephew (2007 & 2013) -5/31/2017® Commonwealth of Massachusetts Executive Office of Energy F. Environmental Affairs Department of Environmental Protection Southeast Regional Office < 2O Riverside Drive, Lakeville MA o2347.508.946-2700 Charles D. Baker Matthew A. Beaton Governor Secretary Katyn E. Polito Martin Sutiberg Lieutenant Governor Commissioner Denice Parente Smith & Nephew 130 Forbes Boulevard Mansfield, MA, 02048 Re: Bureau of Air and Waste NOTICE OF NONCOMPLIANCE Enforcement Document Number: 00002504 Noncompliance with M.G.L. Chapter(s) 21C, I I I and 310 CMR 7.00 and 310 CMR 30.000 At: Smith & Nephew 130 Forbes Boulevard Mansfield, MA 02048 Dear Ms. Parente: May 31, 2017 MassDEP Facility ID No. 271365 Air Quality Classification: SUBMIN Hazardous Waste Classification: EPA ID #: MAD985299791 LQG, LQG-MA Department of Environmental Protection ("MassDEP" or "Department') personnel have observed or determined that on Mach 16, 2017, activity occurred at Smith & Nephew located at 130 Forbes Boulevard, Mansfield, in noncompliance with one or more laws, regulations, orders, licenses, permits, or approvals enforced by MassDEP. Enclosed please find a Notice of Noncompliance, an important legal document describing the activities that were in noncompliance. Additionally, this letter contains general information on possible options to reduce the quantity, toxicity and/or global wannhng potential of the materials used by your facility, which if implemented, may assist in correcting the violations described in the enclosed documenl(s). This Intonation Is available In alternate format contact Michelle Waters-Ekenem, Directoraf Diverelty/Civil Rlghle at 617-292.6761. TTY6 MaseRelay Service 1.800.439-2370 MasaDEP Websile: wrwi.maaa.gowdoP Printed on Recycled Paper Smith & Nephew NON Cover Letter: NON No. 00002504 Page 2 OPPORTUNITIES FOR REDUCING THE FACILITY'S ENVIRONMENTAL IMPACT By modifying the facility's processes and/or waste generation practices, you may be able to reduce or eliminate the environmental regulatory requirements and fees that apply to this facility, including requirements to: • notify MassDEP; • obtain MassDEP permits or other approvals; • manage wastes in specific ways; and • file reports on your operations with the agency, Potential- modifications may include: • reducing the quantity and/or toxicity and/or global warming potential of waste that requires disposal; • eliminating or reducing the use of toxic or greenhouse gas emitting chemicals by the facility; and • increasing energy efficiency. In addition, these modifications may improve your product quality and/or process efficiency, and save money. Tracking the facility's hazardous substances use and greenhouse gas emissions and reviewing that data periodically may lead to the identification of additional opportunities to reduce the quantity and toxicity of materials used, of greenhouse gases emitted, and of hazardous wastes generated. For information on reducing hazardous chemical use, greenhouse gas emissions, and/or waste generated, 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", andother resources, • The Toxics Use Reduction Institute (978-934-3275) for courses for certified "Toxics Use Reduction Planners". • MassDEP's Toxics Use Reduction Program (617-292-5982) for guidance material on the Toxics Use Reduction Act requirements. • The MA Department of Energy Resources, (617-626-7300) for further information on energy efficiency programs. If you have any questions regarding this matter, please contact Daniel Gavin of this office at (508) 946- 2776. Sincerely, `C� �N Daniel DiSatvio Compliance and Enforcement Chief Bureau of Air and Waste Smith & Nephew NON Cover Lotter: NON No. 00002504 Page 3 CF,RTW,JED MAIL #: 7016 0750 00001748 6550 cc: File Copy/DatitEntry Copy ecc: Mansfield Board of Health MA Office of Technical Assistance ATTN: Rich Bizzozero DEP-SERO ATTN: Lisa Ramos, REO ATM: Daniel DiSalvIo Smith & Nephew NON No. 00002504 Page 4 NOTICE OF NONCOMPLIANCE THIS IS AN IMPORTANT NOTICE. FAILURE TO TAKE ADEQUATE ACTION IN RESPONSE TO THIS NOTICE COULD RESULT IN SERIOUS LEGAL CONSEQUENCES. Based on the Department of Environmental Protection's ("MassDEP" or "Department") investigation on March 16, 2017, noncompliance occurred or was observed at Smith & Nephew located at 130 Forbes Boulevard, Mansfield, in violation of one or more laws, regulations, orders, licenses, permits or approvals enforced by MassDEP. This Notice of Noncompliance describes (1) the requirement violated, (2) the date and place on which MassDEP asserts the requirement was violated, (3) either the specific actions which must be taken in order to return to compliance or direction to submit a written proposal describing how and when you plan to return to compliance, and (4) the deadline for taking such actions or submitting such a proposal. If the required actions are not completed by the deadlines specified below, an administrative penalty may be assessed for every day after the date of receipt of this Notice that the noncompliance occurs or continues. MassDEP reserves its rights to exercise the full extent of its legal authority in order to obtain Rill compliance with all applicable requirements, including, but not limited to, criminal prosecution, civil action including court -imposed civil penalties, or administrative action, including admhustrative penalties imposed by MassDEP. NAME OF ENTITY(S) IN NONCOMPLIANCE: Smith & Nephew, Facility ID No. 271365 (hereinafter referred to as the "Respondent") LOCATIONS) WHERE NONCOMPLIANCE OCCURRED OR WAS OBSERVED: 130 Forbes Boulevard Mansfield DATE(S) WHEN NONCOMPLIANCE OCCURRED OR WAS OBSERVED: March 16, 2017 DESCRIPTION OF NONCOMPLIANCE: The Department's investigation shows that the Respondent had the following violations: Smith & Nephew NON No. 00002504 Page 5 A. Air Pollution Control: Respondent's Plan Approval, 4P11016, established emission and material usage limits for manufacturing operations. Review of Respondents records showed Respondent exceeded the short tern and 12 month rolling usage limits for mineral spirits and silicone fluid specified in paragraph 2 of Special Conditions for Non -Fuel Emission LPAs of the approval. The recorded exceedences that constitute a condition of noncompliance with 310 CUR 7.02(3)(0 were as follows: a) November 2016,53 gallons mineral spirits (limit 50 gallons/month) b) June 2016,58 gallons silicone fluid (limit 30 gallons/month) c) May 2016, 406 gallons mineral spirits (limit 195 gallons/12 month rolling) d) June 2016, 352 gallons silicone fluid (limit 30 gallons/12 month rolling) On March 23, 2017, Respondent was advised of the material usage exceedences documented in their records and on May 5, 2017, Respondent submitted a revised and corrected record indicating no exceedences. Respondent reported the original record was incorrect due to errors in accurately accounting for materials and wastes. This constitutes a condition of noncompliance with 310 CMR 7.01(2)(b). 2. Respondent was operating equipment identified as the plasticizer screw cleaning machine for the purposes of cleaning production tooling. This equipment uses electrical power to bran off material from reusable tooling and is vented through a filter control device to the outside of the building. During the inspection, Respondent could not provide details of the emissions from the operation but did state the equipment had been in use for many years. Respondent failed to maintain records in accordance with 310 CMR 7.02(2)(d). On May 5, 2017, Respondent submitted documentation showing the plasticizer screw burnoff equipment and emissions were de ndniniis in accordance with 310 CMR 7.02(2)(d) and 310 CMR 7.02(2)(b)7. B. Hazardous Waste: 1. A review of Respondent's hazardous waste training plan revealed that it does not meet the content requirements for a large quantity generator at 310 CMR 30.516(t)(a) and 310 CMR 30.516(2). 2. Respondent's waste stream consisting of waste oil was identified by Respondent's hazardous waste profile as "RENO Oil off specification used oil fuel" with .a halogen content greater than 1000 parts per million (PPM) and a waste code of MA01. Respondent routinely managed this particular waste stream as waste oil coded as MA01 as indicated on Respondent's hazardous waste manifests. Waste oil containing 1000 parts per million or more total halogens is presumed to be a mixture of oil and halogenated hazardous wastes and therefore can not be coded as Smith & Nephew NONNo. 00002504 Page 6 MAOL Respondent failed to ensure all information indicated on a hazardous waste manifest was accurate as required by 310 CMR 30.311(l). ACTION(S) TO BE TAKEN AND THE DEADLINE FOR TAKING SUCH ACTION(S): The following action(s) to be taken have individual deadlines associated with them. The Respondent shall take the necessary steps to correct the violations within the specified deadlines as noted and shall return to compliance with the requirements described below. MassDEP's regulations at 310 CMR 5.09 presume that you receive this Notice of Noncompliance, if delivered by regular mail, tla ee business days after it was issued (i.e., the date of the cover letter). Furthermore, the Respondent shall submit a written response within fifteen (15) days of date of receipt of this Notice, acknowledging receipt of this Notice, describing the actions already taken, and describing actions intended to be taken in order to achieve and maintain compliance with the Regulations. A. Air Pollution Control: Immediately upon receipt of this notice, Respondent shall ensure to maintain accurate records required by Plan Approval 4PI1016 in accordance with 310 CMR 7.01(2)(b). A. Hazardous Waste: Within thirty (30) days from receipt of this notice, Respondent shall meet the requirement at 310 CMR 30.516(1)(a) and 310 CMR 30.516(2) for hazardous waste training plan content. 2. Within thirty (30) days from receipt of this notice, Respondent shall ensure all information recorded on hazardous waste manifests is accurate as required by 310 CMR 30.311(1). Please address your reply to this Notice of Noncompliance to Daniel Gavin of this office at (508) 946-2776. Date: 2J —, I Sincerely, Daniel DiSalvio Compliance and Enforcement Chief Bureau of Air and Waste �-! COMMONWEALTH OF MASSACHUSETTS 02 EXECUTIVE OFFICE OF ENERGY & ENV DEPARTMENT OF ENVIRONMENTAL SOUTHEAST REGIONAL OFFICE 20 RIVERSIDE DRIVE, LAKEVILLE, MA 02347 61 DEVAL L. PATRICK Governor TIMOTHY P. MURRAY Lieutenant Governor LAN A. BOWLES Secretary Mr. Mike D'Eufemia, Manager EH&S Smith and Nephew, Inc. 150 Minuteman Road Andover, MA 01810 November 13, 2007 RE: MANSFIELD 310 CMR 7.00 Notice No. NON-SE-07-7003 IMF Facility No. 271365 NOTICE OF NONCOMPLIANCE THIS IS AN IMPORTANT NOTICE. FAILURE TO TAKE ADEQUATE ACTION IN RESPONSE TO THIS NOTICE COULD RESULT IN SERIOUS LEGAL CONSEQUENCES Dear Mr. D'Eufemia: The Department of Environmental Protection (MassDEP), Bu7au of Waste Prevention personnel have observed that activity occurred at Smith and Nephew, hie., 130 Forbes Boulevard, Mansfield, Massachusetts in noncompliance with one or more laws, regulations, orders, licenses," pen -nits or approvals enforced by the MassDEP. Enclosed is a Notice of Noncompliance, which describes (1) the activity referred to above, (2) the requirements violated, (3) the action the MassDEP now wants you to take, and (4) the deadline for taking such action. Notwithstanding this Notice of Noncompliance, the MassDEP 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 MassDEP. 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. If you have any questions about this matter, please contact Mr. Steven Risi of this office. The address and telephone number appear on the letterhead. This information Is available in alternate format. Call Donald M. Games, ADA Coordinator at 617-556-1057. TDD Service-1-800-298-2207. DEP on the World Wide Web: httpw:ff.mass.govldep G0 Printed on Recycled Paper Please include reference to Notice No. NON-SE-07-7003 in any written response to this Notice. Very truly yours, Gregg M. Hunt, Chief BWP Compliance and Enforcement Section H/SR/re Mrfmonls"th&nephew-7.021pa cc: Mansfield Board of Health DEP-SERO ATTN: Tom Cushing ATTN: Regional Enforcement Office ATTN: Carl Natho ec: DEP-SERO ATTN: Deneen Simpson, REO MA Office of Technical Assistance ATTN: William McGowan NOTICE OF NONCOMPLIANCE NONCOMPLIANCE SUMMARY NAME OF ENTITY IN NONCOMPLIANCE: Smith and Nephew, Inc.,130 Forbes Boulevard, Mansfield LOCATION WHERE NONCOMPLIANCE OCCURRED OR WAS OBSERVED: 130 Forbes Boulevard, Mansfield, MA 02048 DATE WHEN NONCOMPLIANCE OCCURRED OR WAS OBSERVED: October 30, 2007 DESCRIPTION OF NONCOMPLIANCE: Smith and Nephew, Inc. submitted a Limited Plan Application (Transmittal # W157713) to the MassDEP on October 30, 2007, which detailed that they have potential volatile organic compound emissions of 3.2 tons per year from the cleaning of medical devices. The Limited Plan Application details that the cleaning operations were modified in April of 2007 and the operations actual emissions since January 2007 are above 1 ton per year. The operations were installed without prior written MassDEP Approval and pursuant to 310 CMR 7.02(4)(a)(1), this equipment required written Approval from the MassDEP prior to its installation and operation. DESCRIPTION OF THE REOUIREMENT(S) NOT COMPLIED WITH: Regulation 310 CMR 7.02(3) General Requirements for Plan Approval which states "No person shall construct, substantially reconstruct, alter, or subsequently operate any facility subject to the requirements of 310 CMR 7.02(4) or (5) unless an application for a plan approval has been submitted to the Department and plan approval has been granted by the Department. Procedures and contents of an application for plan approval can be found at 310 CMR 7.02(4) and 310 CMR 7.02(5)." ACTION TO BE TAKEN AND THE DEADLINE FOR TAKING SUCH ACTIONS: 1. Effective immediately upon receipt of this Notice, Smith and Nephew, Inc. shall comply with Regulation 310 CMR 7.02 in its entirety for any future applicable construction, substantial reconstruction, alteration, or operation at any facility in the Commonwealth owned, leased, operated or controlled by Smith and Nephew, Inc. 2. Upon receipt of Limited Plan Application Final Approval by the MassDEP, Smith and Nephew, Inc. shall comply with all the requirements of the Approval. 3. Within seven (7) days of receipt of this Notice, Smith and Nephew, Inc. shall confirm, in writing to this office, that it shall comply with Action Nos. 1 and 2 stated above. DATE: 1C4 IvCll 07 BY: l'-o�k 4,,(—� Gregg M. Aunt, Chief BWP Compliance and Enforcement Section