Con-way stores containers damaged during transit in a single storage area called the ?Overshort & Damaged Storage? (?OS&D?) Area until it is determined through consultation with the shipper and the buyer whether the shipment may still be sold/purchased or if it should be disposed. If the damaged shipment is to be disposed, Con-way prepares a Material Safety Data Sheet (?MSDS?) and contacts a waste disposal facility. The waste disposal facility uses the information on the MSDS to determine whether or not the damaged shipment must be managed as hazardous waste.
On August 11, 2011, EPA conducted a RCRA compliance evaluation inspection of the Facility. Based on the inspection, and other information obtained by EPA during and after the inspection, EPA identified the following violations at the Facility: 1) failure to conduct weekly inspections and to keep records of these inspections from at least August 2010 to August 2011; 2) failure to have a contingency plan for the Facility; 3) failure to provide hazardous waste management training to at least the two employees who managed hazardous wastes in the Facility?s ?Overshort & Damaged Storage? (?OS&D?) Area; 4) failure to maintain the required documents and records for hazardous waste management training at the Facility; 5) failure to properly label or mark the four hazardous waste containers in the OS&D Area; 6) failure to mark the two hazardous waste containers in the OS&D Area with an accumulation start date; and 7) a fail