Document 2RpvYQNoLExekj4kjkbj2Xp6
Region 6 - Enforcement & Compliance Assurance Division
INSPECTION REPORT
Inspection Date(s): Media Program: Regulatory Program(s)
05/03-05/2023 RCRA Compliance Evaluation Inspection RCRA Treatment, Storage, Disposal Facility
Company Name: Facility Name: Facility Physical Location:
(city, state, zip code) Mailing address:
(city, state, zip code) County/Parish: Facility Phone Number Facility Contact:
Waste Control Specialists LLC Waste Control Specialists 9998 W State Hwy 176 Andrews, TX 79714 PO Box 1129 Andrews, TX 79714 Andrews County 432-525-8500 Jay Cartwright jcartwright@wcstexas.com
Director of ESH&Q
FRS Number: Identification/Permit Number: Media Identifier Number: NAICS: SIC:
110000600118 50358 TXD988088464 562211 - Hazardous Waste Treatment and Disposal N/A
Personnel participating in inspection:
Elizabeth Pham
EPA R6
John Penland
EPA R6
Elicia Sanchez
WCS
Ryan Williams
WCS
Jay Cartwright
WCS
Keri Gonzalez
WCS
Dale Battreall
WCS
David Carlson
WCS
Lead Inspector Sr. Inspector Sr. VP Key Initiative and Communications VP Integrated Services Director of ESH&Q Manager of Waste Compliance TSDF Operations Manager President & COO
EPA Lead Inspector Signature/Date
ELIZABETH PHAM Date: 2023.07.14 12:24:36 -05'00' Digitally signed by ELIZABETH PHAM
Elizabeth Pham
Date
Supervisor Signature/Date
DEBRA
PANDAK
Digitally signed by DEBRA PANDAK DN: c=US, o=U.S. Government, ou=Environmental Protection Agency, cn=DEBRA PANDAK, 0.9.2342.19200300.100.1.1=68001003655850 Date: 2023.07.14 14:14:57 -05'00'
Jeffrey Yurk
Date
6ENFORM-019-R8.2 (02/12/2020)
1
Section I - INTRODUCTION
Waste Control Specialists Inspection Date 05/03-05/2023
PURPOSE OF THE INSPECTION On May 3, 2023, I, Elizabeth Pham, conducted an announced inspection of the Waste Control Systems (WCS) facility located at 9998 W State Hwy 176, Andrews, Texas for compliance with the Resource Conservation and Recovery Act (RCRA) and observed shipment of the waste coming from the East Palestine, Ohio train derailment. I was assisted on this inspection by Environmental Protection Agency (EPA) inspector, John Penland. The inspection included walkthroughs of the facility's hazardous waste generation and management units and a review of the facility records related to hazardous waste management.
The WCS facility was targeted for inspection as part of the National Compliance Initiative for Air Emissions in Hazardous Waste Management Units and hazardous waste facilities located in or near Environmental Justice communities.
We concluded the inspection of the WCS facility on May 5, 2023, with a closing conference where we presented our provisional areas of concern.
This report serves as documentation of all onsite activities and observations during the inspection of the WCS facility. Photographs and videos taken during the inspection to document onsite observations are included as Appendix 1. A summary of all areas of concern identified during the inspection is provided in Section III of this report.
FACILITY DESCRIPTION The WCS facility operates on a 4 day -10 hours schedule with core operational hours at 0600 to 1600hrs, Tuesday through Friday, and has approximately 120 employees. WCS is a Texas-based waste management firm that operates facilities in Andrews County, Texas. The WCS site is licensed by the Texas Commission on Environmental Quality (TCEQ) for the treatment and storage of radioactive waste and for the disposal of byproduct material, low-level radioactive waste (LLRW), and mixed waste. The site is authorized for land disposal of a large array of radioactive materials under the regulation of the TCEQ. The site can dispose of Class A, B and C low-level radioactive waste. WCS is also authorized for treatment, storage and disposal of hazardous and non-hazardous industrial wastes and polychlorinated biphenyls (PCBs).
A general map of the plant is included in Appendix 2.
The WCS facility was issued the EPA ID# TXD988088464 and is operated as a Treatment, Storage and Disposal Facility of hazardous waste and was issued the Permit #50358 by the TCEQ.
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Waste Control Specialists Inspection Date 05/03-05/2023
Section II - OBSERVATIONS We conducted the onsite inspection during normal business hours from the 3rd through the 5th of May 2023. During the inspection, Mixing Tank MT-1 was observed but it has not processed waste since 2019, Mixing Tank MT-2 was out-of-service, and Mixing Tank MT-3, Mixing Tank MT-4, Stabilization Building Container Storage Area, Waste Compactor, and Geomelt are all dedicated to the treatment or storage of radioactive mixed waste so therefore exempt from permitting based on the definition of 40 CFR 264.1080(b)(6). The remainder of the facility was operating normally. Throughout the week, we visited each of the facility's waste generation, accumulation, and management areas. We also reviewed the facility's operating records pertaining to the facility's RCRA applicability and compliance requirements.
This section provides an abbreviated description of our daily activities. Detailed notes summarizing the inspection activities and findings were provided to the WCS representatives following each inspection day and are included as Appendix 4 of this report. Unless otherwise specified, the statements cited in this section reflect those claims made by facility personnel or documents reviewed during the inspection.
May 3, 2023 We entered the facility at approximately 1315 hrs. where we presented our credentials to Mr. Jay Cartwright and Ms. Elicia Sanchez and informed them we were there to conduct an inspection of the facility under Section 3007 of the Resource Conservation and Recovery Act (RCRA). The opening conference sign-in sheet is shown in Appendix 3. I discussed the purpose of EPA's inspection and explained the right of WCS to assert a Confidential Business Information claim for records requested by EPA, see under Title 40 of the Code of Federal Regulations section 2.203 (40 CFR 2.203), and presented the initial request for compliance records.
Following the opening briefing, we conducted a walkthrough of the WCS facility's process on the Ohio train derailment shipment. See Appendix 4 for notes regarding our observations. We departed the WCS facility at approximately 1600 hrs.
May 4, 2023 We entered the facility at approximately 0930 hrs. and met with Elicia Sanchez, Keri Gonzalez, and Dale Battreall to discuss the planned activities for the day. Following this meeting, we conducted a facility walkthrough of the WCS facility's storage and processing areas as well as a review of documents. Facility Walkthrough Laboratory We observed two 55-gallon drums in the Satellite Accumulation Area (SAA) inside the laboratory. One of the drums was full and the other was half full, therefore more than 55-gallons had been accumulating. The last record in the logbook was 11/23/2021. SAA can only accumulate 55-gallons of waste any amount over that must be removed within 3 days.
TCEQ Permit Unit Number 005
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Waste Control Specialists Inspection Date 05/03-05/2023
This unit is named Bin Storage Unit (BSU) 1 and is comprised of Bin Storage Areas (BSA) 1 through 3. We identified the sign for BSA #2 was not clearly visible enough from the walkway and this sign was promptly moved.
TCEQ Permit Unit Number 006 This unit is named Bin Storage Unit 2 and we identified concerns of aisle spacing photographed in Photo No. 6-9 in Appendix 1.
TCEQ Permit Unit Number 004 This unit is named Container Storage Building (CSB) and is comprised of Compartments 1 through 10. We identified concerns of aisle spacing photographed in Photo No. 11 in Appendix 1.
We observed the WWTU Tanks, <90-Day Storage Areas, and TCEQ Permit Unit Number 008.b, 008.e, and 008.f. See Appendix 4 for notes regarding our observations. We departed the WCS facility at approximately 1600 hrs.
May 5, 2023 We conducted a virtual closing briefing at 1000 hrs. where we summarized our inspection activities and preliminary findings (see Section III for more detail). The closing conference sign-in sheet is shown in Appendix 3.
Section III - AREAS OF CONCERN John Penland and I conducted a virtual closing conference with Waste Control Specialists at 1000 hrs. on May 5, 2023 for the inspection. During the closing conference, we reviewed the 3 Areas of Concern noted during the inspection.
1. TCEQ Permit Unit Number 004 (Container Storage Building): Concerns regarding adequate aisle
spacing pursuant to 40 CFR 264.35. What we observed does not seem to meet the 24-inch
requirement in Permit but marked `Yes' on Daily Inspection Report. 2. TCEQ Permit Unit Number 006 (Bin Storage Unit 2): Concerns regarding adequate aisle spacing
pursuant to 40 CFR 264.35. What we observed does not seem to meet the 24-inch requirement
in Permit but marked `Yes' on Daily Inspection Report. 3. Laboratory: Concerns that total amount of waste in the drums in this SAA contain more than 55-
gallons of hazardous waste and was not disposed accordingly pursuant to 40 CFR 262.15(a)(6).
Section IV - FOLLOW UP Actions taken by WCS to resolve any areas of concern were documented by WCS with photographs or other documentation and submitted to the EPA via the electronic secure online OneDrive. Any information received from WCS after the inspection will be received via the secure online drive. These documents are accessible by the EPA Enforcement Officer.
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Section V - LIST OF APPENDICES Appendix 1 - Photograph and Video Log Appendix 2 - General Facility Map Appendix 3 - Opening and Closing Conference Sign-in Sheets Appendix 4 - EPA Daily Summary E-mails
Waste Control Specialists Inspection Date 05/03-05/2023
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Waste Control Specialists Inspection Date 05/03-05/2023
Appendix 1 Photograph Log and
Video Log
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Waste Control Specialists Inspection Date 05/03-05/2023
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
Photograph Log
Photo No. 1
Location: Waste Control Specialists
City: Andrews
County/Parish: Andrews
State: Texas
Photo #:
DSCN1042.JPG
Date:
5/3/2023
Camera:
Nikon COOLPIX AW120
Photographer:
John Penland
Witness:
Elizabeth Pham, John Penland
Description: Two containers of waste from the East Palestine train derailment. Picture taken in NE
direction.
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Waste Control Specialists Inspection Date 05/03-05/2023
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
Photograph Log
Photo No. 2
Location: Waste Control Specialists
City: Andrews
County/Parish: Andrews
State: Texas
Photo #:
DSCN1043.JPG
Date:
5/3/2023
Camera:
Nikon COOLPIX AW120
Photographer:
John Penland
Witness:
Elizabeth Pham, John Penland
Description: Two containers of waste from the East Palestine train derailment. Picture taken in NW
direction.
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Waste Control Specialists Inspection Date 05/03-05/2023
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
Photograph Log
Photo No. 3
Location: Waste Control Specialists
City: Andrews
County/Parish: Andrews
State: Texas
Photo #:
DSCN1047.JPG
Date:
5/4/2023
Camera:
Nikon COOLPIX AW120
Photographer:
John Penland
Witness:
Elizabeth Pham, John Penland
Description: Two 55-gallon drums used for the accumulation of hazardous laboratory waste in the
facility laboratory. WCS claimed this is a Satellite Accumulation Area.
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Waste Control Specialists Inspection Date 05/03-05/2023
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
Photograph Log
Photo No. 4
Location: Waste Control Specialists
City: Andrews
County/Parish: Andrews
State: Texas
Photo #:
DSCN1048.JPG
Date:
5/4/2023
Camera:
Nikon COOLPIX AW120
Photographer:
John Penland
Witness:
Elizabeth Pham, John Penland
Description: Label on one of the two containers of laboratory waste in the facility laboratory.
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Waste Control Specialists Inspection Date 05/03-05/2023
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
Photograph Log
Photo No. 5
Location: Waste Control Specialists
City: Andrews
County/Parish: Andrews
State: Texas
Photo #:
DSCN1049.JPG
Date:
5/4/2023
Camera:
Nikon COOLPIX AW120
Photographer:
John Penland
Witness:
Elizabeth Pham, John Penland
Description: Label on one of the two containers of laboratory waste in the facility laboratory.
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Waste Control Specialists Inspection Date 05/03-05/2023
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
Photograph Log
Photo No. 6
Location: Waste Control Specialists
City: Andrews
County/Parish: Andrews
State: Texas
Photo #:
DSCN1050.JPG
Date:
5/4/2023
Camera:
Nikon COOLPIX AW120
Photographer:
John Penland
Witness:
Elizabeth Pham, John Penland
Description: Hazardous Waste containers in Bin Storage Unit #2. Radiation hazard prevented
inspection access. Aisle spacing does not appear to allow unobstructed movement of personnel, fire
protection equipment, spill control equipment, and decontamination equipment. (40 CFR 264.35)
12
Waste Control Specialists Inspection Date 05/03-05/2023
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
Photograph Log
Photo No. 7
Location: Waste Control Specialists
City: Andrews
County/Parish: Andrews
State: Texas
Photo #:
DSCN1051.JPG
Date:
5/4/2023
Camera:
Nikon COOLPIX AW120
Photographer:
John Penland
Witness:
Elizabeth Pham, John Penland
Description: Hazardous Waste containers in Bin Storage Unit #2. Radiation hazard prevented
inspection access. Aisle spacing does not appear to allow unobstructed movement of personnel, fire
protection equipment, spill control equipment, and decontamination equipment. (40 CFR 264.35)
13
Waste Control Specialists Inspection Date 05/03-05/2023
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
Photograph Log
Photo No. 8
Location: Waste Control Specialists
City: Andrews
County/Parish: Andrews
State: Texas
Photo #:
DSCN1052.JPG
Date:
5/4/2023
Camera:
Nikon COOLPIX AW120
Photographer:
John Penland
Witness:
Elizabeth Pham, John Penland
Description: Hazardous Waste containers in Bin Storage Unit #2. Radiation hazard prevented
inspection access. Aisle spacing does not appear to allow unobstructed movement of personnel, fire
protection equipment, spill control equipment, and decontamination equipment. (40 CFR 264.35)
14
Waste Control Specialists Inspection Date 05/03-05/2023
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
Photograph Log
Photo No. 9
Location: Waste Control Specialists
City: Andrews
County/Parish: Andrews
State: Texas
Photo #:
DSCN1053.JPG
Date:
5/4/2023
Camera:
Nikon COOLPIX AW120
Photographer:
John Penland
Witness:
Elizabeth Pham, John Penland
Description: Hazardous Waste containers in Bin Storage Unit #2. Radiation hazard prevented
inspection access. Aisle spacing does not appear to allow unobstructed movement of personnel, fire
protection equipment, spill control equipment, and decontamination equipment. (40 CFR 264.35)
15
Waste Control Specialists Inspection Date 05/03-05/2023
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
Photograph Log
Photo No. 10
Location: Waste Control Specialists
City: Andrews
County/Parish: Andrews
State: Texas
Photo #:
DSCN1054.JPG
Date:
5/4/2023
Camera:
Nikon COOLPIX AW120
Photographer:
John Penland
Witness:
Elizabeth Pham, John Penland
Description: Entrance to the Container Storage Building. (TCEQ Permit Unit #4)
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Waste Control Specialists Inspection Date 05/03-05/2023
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
Photograph Log
Photo No. 11
Location: Waste Control Specialists
City: Andrews
County/Parish: Andrews
State: Texas
Photo #:
DSCN1055.JPG
Date:
5/4/2023
Camera:
Nikon COOLPIX AW120
Photographer:
John Penland
Witness:
Elizabeth Pham, John Penland
Description: Hazardous waste containers stored in the Container Storage Building. Aisle spacing does
not appear to allow unobstructed movement of personnel, fire protection equipment, spill control
equipment, and decontamination equipment. (40 CFR 264.35).
17
Waste Control Specialists Inspection Date 05/03-05/2023
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
Photograph Log
Photo No. 12
Location: Waste Control Specialists
City: Andrews
County/Parish: Andrews
State: Texas
Photo #:
DSCN1056.JPG
Date:
5/4/2023
Camera:
Nikon COOLPIX AW120
Photographer:
John Penland
Witness:
Elizabeth Pham, John Penland
Description: South side of the Container Storage Building facing NE direction. (TCEQ Permit Unit #4)
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Waste Control Specialists Inspection Date 05/03-05/2023
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
Photograph Log
Photo No. 13
Location: Waste Control Specialists
City: Andrews
County/Parish: Andrews
State: Texas
Photo #:
DSCN1057.JPG
Date:
5/4/2023
Camera:
Nikon COOLPIX AW120
Photographer:
John Penland
Witness:
Elizabeth Pham, John Penland
Description: South side of the Container Storage Building facing NW direction. (TCEQ Permit Unit #4)
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Waste Control Specialists Inspection Date 05/03-05/2023
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
Photograph Log
Photo No. 14
Location: Waste Control Specialists
City: Andrews
County/Parish: Andrews
State: Texas
Photo #:
DSCN1058.JPG
Date:
5/4/2023
Camera:
Nikon COOLPIX AW120
Photographer:
John Penland
Witness:
Elizabeth Pham, John Penland
Description: East side of Container Storage Building facing W direction. (TCEQ Permit Unit #4)
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Waste Control Specialists Inspection Date 05/03-05/2023
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
Video Log
Location: Waste Control Specialists
City: Andrews
County/Parish: Andrews
State: Texas
https://youtu.be/T0q7EEuFSJc
Video File Name: Date of Video: Time of Video: Videographer: Description:
DSCN1044.MOV 5/3/2023 0m 06s John Penland Test video during camera set up
https://youtu.be/379JkdELdTA
Video File Name: Date of Video: Time of Video: Videographer: Description:
DSCN1045.MOV 5/3/2023 9m 20s John Penland Disposal of waste from the East Palestine train derailment
https://youtu.be/pzsoX_b-nMo
Video File Name: Date of Video: Time of Video: Videographer: Description:
DSCN1046.MOV 5/3/2023 0m 8s John Penland Disposal of waste from the East Palestine train derailment
Video File Name: Date of Video: Time of Video: Videographer: Description:
IMG_0472.mp4 5/3/2023 1m 9s WCS Disposal of waste from the East Palestine train derailment
https://youtu.be/KG6pQUn5dxM
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Waste Control Specialists Inspection Date 05/03-05/2023
Appendix 2 General Facility Map
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Waste Control Specialists Inspection Date 05/03-05/2023
Appendix 3 Opening and Closing Conference
Sign-In Sheets
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Waste Control Specialists Inspection Date 05/03-05/2023
Opening Conference Sign-In Sheet:
NAME
TITLE
Elizabeth Lead Inspector
Pham
John
Inspector
Penland
Elicia
Sr. VP Key Initiative and Communications
Sanchez
Ryan
VP Integrated Services
Williams
Jay
Director of ESH&Q
Cartwright
REPRESENTING EMAIL
EPA R6
Pham.elizabeth@epa.gov
EPA R6
Penland.john@epa.gov
WCS
esanchez@wcstexas.com
WCS
rwilliams@wcstexas.com
WCS
jcartwright@wcstexas.com
Closing Conference Sign-In Sheet [VIRTUAL]:
NAME
TITLE
Elizabeth Lead Inspector
Pham
John
Inspector
Penland
Elicia
Sr. VP Key Initiative and Communications
Sanchez
Ryan
VP, Integrated Services
Williams
Jay
Director of ESH&Q
Cartwright
Keri
Manager of Waste Compliance
Gonzalez
Dale
TSDF Operations Manager
Battreall
David
President & COO
Carlson
REPRESENTING EMAIL
EPA R6
Pham.elizabeth@epa.gov
EPA R6
Penland.john@epa.gov
WCS
esanchez@wcstexas.com
WCS
rwilliams@wcstexas.com
WCS
jcartwright@wcstexas.com
WCS
kgonzalez@wcstexas.com
WCS
dbattreall@wcstexas.com
WCS
dcarlson@wcstexas.com
24
Waste Control Specialists Inspection Date 05/03-05/2023
Appendix 4 EPA Daily Summary E-mails
25
Pham, Elizabeth
To: Cc: Subject:
esanchez@wcstexas.com; rwilliams@wcstexas.com; jcartwright@wcstexas.com Penland, John; Yurk, Jeffrey RE: Daily Summary for FY2023 RCRA CEI - Waste Control Services - Andrews, TX (TXD988088464) May 3, 2023
Revisions were made to the sixth sub-bullet on 6/1/2023.
Elizabeth Pham
Enforcement and Compliance Assurance Division U.S. EPA Region 6 Office: (214) 665-8354 E-mail: pham.elizabeth@epa.gov
From: Pham, Elizabeth Sent: Thursday, May 4, 2023 8:01 AM To: esanchez@wcstexas.com; rwilliams@wcstexas.com; jcartwright@wcstexas.com Cc: Penland, John <Penland.John@epa.gov>; Yurk, Jeffrey <yurk.jeffrey@epa.gov> Subject: Daily Summary for FY2023 RCRA CEI - Waste Control Services - Andrews, TX (TXD988088464) - May 3, 2023
All,
Here is a summary of my notes from today's inspection. If there are any errors or omissions please let me know.
Introduction On May 3, 2023, I, Elizabeth Pham, will be conducting an announced inspection of the Waste Control Services facility (WCS) located at, 9998 W State Hwy 176, Andrews, TX 79714 for compliance with the Resource Conservation and Recovery Act (RCRA) and to observe the off-loading and disposal of the East Palestine, Ohio train derailment. I will be assisted on this inspection by Environmental Protection Agency (EPA) inspector John Penland. The inspection will include walkthroughs of the facility's hazardous waste generation and management units and a review of the facility records related to hazardous waste management.
Inspection Attendees:
NAME
TITLE
Elizabeth Pham Lead Inspector
John Penland Inspector
Elicia Sanchez Sr. VP Key Initiative
and Communications
Ryan Williams VP Integrated Services
Jay Cartwright Director of ESH&Q
REPRESENTING EPA R6 EPA R6 WCS
WCS WCS
PHONE 214-665-8354 214-665-9717 432-525-8578
682-503-0030 432-525-8698
EMAIL Pham.elizabeth@epa.gov Penland.john@epa.gov esanchez@wcstexas.com
rwilliams@wcstexas.com jcartwright@wcstexas.com
Daily Summary
Initial Entry to the facility - approximately 1245 hrs
Opening meeting start - 1315 hrs o I presented my credentials to Mr. Jay Cartwright and informed them that we were there to conduct an inspection of the facility under the authority of section 3007 of the Resource Conservation and Recovery Act
1
o We discussed the authority for the inspection - RCRA Section 3007 - For purposes of developing or assisting in the development of any regulation or enforcing the provisions of this chapter, any person who generates, stores, treats, transports, disposes of, or otherwise handles or has handled hazardous wastes shall, upon request of any officer, employee or representative of the Environmental Protection Agency, duly designated by the Administrator, or upon request of any duly designated officer, employee or representative of a State having an authorized hazardous waste program, furnish information relating to such wastes and permit such person at all reasonable times to have access to, and to copy all records relating to such wastes. For the purposes of developing or assisting in the development of any regulation or enforcing the provisions of this chapter, such officers, employees or representatives are authorized-- (1)to enter at reasonable times any establishment or other place where hazardous wastes are or have been generated, stored, treated, disposed of, or transported from; (2)to inspect and obtain samples from any person of any such wastes and samples of any containers or labeling for such wastes.
o We discussed the purpose of EPA's inspection - Assessment of WCS's compliance with its requirements under RCRA, including, but not limited to, the requirements for: waste determination and counting; waste marking; waste container management; use of the hazardous waste manifest; emergency planning; personnel training; air pollution control requirements for hazardous waste units; and the requirements for the management of excluded or exempt materials.
o Discussed the right of WCS to assert a Confidential Business Information claim for records requested by EPA (see attachment)
o Discussed the process for transferring electronic records - EPA has set up a Microsoft OneDrive folder with access limited to the inspection participants and other designated WCS employees One Drive Link: https://usepa- my.sharepoint.com/:f:/r/personal/pham_elizabeth_epa_gov/Documents/FY23%20Waste%20Co ntrol%20Specialists%20RCRA%20CEI?csf=1&web=1&e=VnduKx
o Discussed the inspection process - the inspection will be conducted May 3 through May 5, 2023 during normal business hours. The participants will meet at the facility at 9:00am each day to conduct the onsite portion of the inspection and discuss the findings of the ongoing records review. The records review will be conducted by the inspectors independently offsite throughout the week. Daily summaries will be provided by the inspectors at the end of each day to ensure a clear communication of questions and findings. The meeting Friday, May 5, 2023 will be reserved for a closing conference, where EPA will summarize the overall findings of the inspection to that point and provide a plan for concluding any unfinished evaluation.
o Presented the initial request for compliance records, including: Hazardous waste notification form: 8700-12 A current Hazardous Waste Contingency Plan Facility SOPs related to the generation or management of hazardous waste RCRA related training records for selected personnel Facility Maps Facility process diagram(s) Facility Waste Profiles Land Disposal Restriction notifications Any Hazardous Waste Manifests not previously uploaded to e-manifest Any contract or agreement between the facility and any reclamation company related to hazardous secondary materials Active RCRA permit(s)
o Meeting concluded with a safety briefing at approximately 1330 hrs.
Facility Walkthrough o Beginning at approximately 1400 hrs. o Observed 6 containers from Ohio train derailment and watched 2 containers being emptied into landfill
2
Elicia took video and will add in the OneDrive Daily Wrap up meeting at approximately 1545 hrs. Departed Facility at approximately 1600 hrs. Planned activities for May 4, 2023 Walkthrough of hazardous waste management units Initial document review
Elizabeth Pham
Enforcement and Compliance Assurance Division U.S. EPA Region 6 Office: (214) 665-8354 E-mail: pham.elizabeth@epa.gov
3
From: To:
Cc: Subject: Date:
All,
Pham, Elizabeth esanchez@wcstexas.com; rwilliams@wcstexas.com; jcartwright@wcstexas.com; kgonzalez@wcstexas.com; dbattreall@wcstexas.com Penland, John; Yurk, Jeffrey Daily Summary for FY2023 RCRA CEI - Waste Control Services - Andrews, TX (TXD988088464) - May 4, 2023 Friday, May 5, 2023 9:16:00 AM
Here is a summary of my notes from today's inspection. If there are any errors or omissions please let me know.
Inspection Attendees:
NAME
TITLE
Elizabeth Lead Inspector
Pham
John
Inspector
Penland
Elicia
Sr. VP Key
Sanchez
Initiative and
Communications
Keri
Manager of Waste
Gonzalez Compliance
Dale
TSDF Operations
Battreall
Manager
REPRESENTING EPA R6 EPA R6 WCS
WCS WCS
PHONE 214-6658354 214-6659717 432-5258578
432-5258630 432-5258632
EMAIL Pham.elizabeth@epa.gov Penland.john@epa.gov esanchez@wcstexas.com
kgonzalez@wcstexas.com dbattreall@wcstexas.com
Daily Summary:
Inspection Start - approximately 0930 hrs. Facility Walkthrough
Began at approximately 1045hrs. Lab
We observed two 55-gallon drums in the Satellite Accumulation Area inside the lab. One of the drums was full and the other was half full, therefore more than 55G had been accumulating. The last record in the logbook was 11/23/2021. WWTU Tanks We observed two WWTU tanks and on first impression, the area seemed to be clean. Bin Storage Unit 1 (Bin Storage Areas 1 through 3) We observed TCEQ Permit Unit Number 005. Sign for BSA #2 was not clearly visible enough from walkway. Bin Storage Unit 2 We observed TCEQ Permit Unit Number 006. Concerns about aisle spacing were raised. Container Storage Building (Compartments 1 through 10) We observed TCEQ Permit Unit Number 004. Concerns about aisle spacing were raised. Stabilization Building Container Storage Area (North and South) We observed TCEQ Permit Unit Number 008.e and 008.f. Initial concerns of applicability to Subpart CC. Geomelt We observed TCEQ Permit Unit Number 008.b and on first impression, the area seemed to be clean. <90-Day Storage Areas
We observed <90-Day Storage Area next to the lab. The area had drums labeled empty. We observed <90-Day Storage TCEQ Unit #7. The area was empty during time of inspection. Document Review Emergency Response Plan Did not have emergency response equipment towards locations and capabilities pursuant to 40 CFR 264.52(e) "The plan must include a list of all emergency equipment at the facility... the plan must include the location and a physical description of each item on the list, and a brief outline of its capabilities." Trainings We requested documentation for all personnel handling, treating, disposing hazardous waste that meets the requirements of 40 CFR 264.16 Subpart CC Applicability TCEQ Permit Unit Number 008.a (Mixing Tank MT-1) has not processed waste since 2019. TCEQ Permit Unit Number 008.b (Mixing Tank MT-2) is out-of-service. TCEQ Permit Unit Number 008.c (Mixing Tank MT-3), TCEQ Permit Unit Number 008.d (Mixing Tank MT-4), TCEQ Permit Unit Number 008.e (Stabilization Building Container Storage Area), TCEQ Permit Unit Number 008.f (Waste Compactor), and TCEQ Permit Unit Number 008.g (Geomelt) is dedicated to the treatment or storage of radioactive mixed waste so therefore exempt based the definition of 40 CFR 264.1080(b)(6). Profile of waste from Ohio train derailment was requested. Departed facility approximately 1600 hrs.
Planned activities for May 5, 2023
Closing Conference 1000 hrs
Elizabeth Pham Enforcement and Compliance Assurance Division
U.S. EPA Region 6
Office: (214) 665-8354
E-mail: pham.elizabeth@epa.gov
From: To:
Cc: Subject: Date:
All,
Pham, Elizabeth esanchez@wcstexas.com; rwilliams@wcstexas.com; jcartwright@wcstexas.com; kgonzalez@wcstexas.com; dbattreall@wcstexas.com Penland, John; Yurk, Jeffrey Daily Summary for FY2023 RCRA CEI - Waste Control Services - Andrews, TX (TXD988088464) - May 5, 2023 Friday, May 5, 2023 10:17:00 AM
Here is a summary of my notes from today's out-briefing meeting. If there are any errors or omissions please let me know.
Introduction On May 3, 2023, I, Elizabeth Pham, conducted an announced inspection of Waste Control Services facility (WCS) located at, 9998 W State Hwy 176, Andrews, TX 79714 for compliance with the Resource Conservation and Recovery Act (RCRA) and to observe the off-loading and disposal of the East Palestine, Ohio train derailment. I was assisted on this inspection by Environmental Protection Agency (EPA) inspector John Penland. The inspection included walkthroughs of the facility's hazardous waste generation and management units and a review of the facility records related to hazardous waste management.
Purpose The WCS facility was targeted for inspection as part of a regional commitment to verify compliance at facilities managing waste from the East Palestine, Ohio train derailment.
Close-out Meeting Attendees:
NAME
TITLE
Elizabeth
Lead Inspector
Pham
John
Inspector
Penland
Elicia
Sr. VP Key Initiative
Sanchez
and Communications
Ryan
VP, Integrated
Williams
Services
Jay
Director of ESH&Q
Cartwright
Keri
Manager of Waste
Gonzalez
Compliance
Dale
TSDF Operations
Battreall
Manager
David
President & COO
Carlson
REPRESENTING EPA R6 EPA R6 WCS WCS WCS WCS WCS WCS
PHONE 214-6658354 214-6659717 432-5258578 682-5030030 432-5258698 432-5258630 432-5258632 865-2013191
EMAIL Pham.elizabeth@epa.gov Penland.john@epa.gov esanchez@wcstexas.com rwilliams@wcstexas.com jcartwright@wcstexas.com kgonzalez@wcstexas.com dbattreall@wcstexas.com dcarlson@wcstexas.com
Daily Summary: Virtual close-out meeting - 1000 hrs.
Identified Concerns 1. TCEQ Permit Unit Number 004 (Container Storage Building) Concerns regarding to adequate aisle spacing pursuant to 40 CFR 264.35. Does not seem to meet the 24-inch requirement in Permit but marked `Yes' on Daily Inspection Report. 2. TCEQ Permit Unit Number 006 (Bin Storage Unit 2) Concerns regarding to adequate aisle spacing pursuant to 40 CFR 264.35. Does not seem to meet the 24-inch requirement in Permit but marked `Yes' on Daily Inspection Report. 3. Laboratory Concerns that total amount of waste in the drums in this SAA contain more than 55-G of hazardous waste and was not disposed accordingly pursuant to 40 CFR 262.15(a)(6).
On-going document request for compliance records: Permit - received ERP - received, record of distribution is requested Training Records - received, any additional personnel handling/managing hazardous waste is requested Facility Map - received Waste Profiles - request for profile of waste from Ohio train derailment SOP's - request for waste generating processes and diagrams Unit Inspection Records - received
All documents must be received in shared OneDrive by COB Friday, May 19, 2023.
Elizabeth Pham Enforcement and Compliance Assurance Division U.S. EPA Region 6 Office: (214) 665-8354 E-mail: pham.elizabeth@epa.gov