Document 9LJMXRzE9ywVjNjNmDB2m2gO7

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Federal Facility Enforcement Office (FFEO) 1200 Pennsylvania Ave NW Washington, DC 20460 Regulatory Program: Inspection Date(s): Inspection Type: Facility Name: Mailing Address: Facility Location: Federal Facility: Facility Registry Number: RCRA Permit Number: NAICS Code: Resource Conservation and Recovery Act (RCRA) - Subtitle C June 14, 2023 Compliance Evaluation Inspection ("CEI") ALASKA AEROSPACE CORPORATION PACIFIC SPACEPORT COMPLEX MP 13 Pasagshak Road, Kodiak, Alaska 99615 MP 13 Pasagshak Road, Kodiak, Alaska 99615 Yes 110007918361 AKR000003988 928110/9711, National Security Facility Representatives: Abbie Cottle, ABL Site Manager (310) 658-3594 Email: abbie.cottle@ablespacesystems.com Paul Pena, Pacific Spaceport Complex Alaska GSO (907) 942-4485 Email: ppena@akaerospace.com State Inspector: Alan Pefley, Hazardous Waste Inspector (907) 269-4567 alan.pefley@alaska.gov EPA Inspectors: Tierra Robinson, Physical Scientist/Inspector (202) 564-2067 robinson.tierra@epa.gov Jessica Schlafstein, Physical Scientist/Inspector (202) 564-6599 schlafstein.jessica@epa.gov Jon Jones, Environmental Protection Specialist/Inspector (907) 227-4316 jones.jon@epa.gov EPA Lead Inspector Signature/Date Peer Review Signature/Date Acting Supervisor Signature/Date Tierra Robinson Date Jon Jones Date Dominique Freyre Date RCRA Subtitle C Inspection Report ALASKA PACIFIC SPACEPORT COMPLEX AKR000003988 June 14, 2023 Contents SECTION I INTRODUCTION........................................................................................................1 Background .............................................................................................................................1 Facility Description ..................................................................................................................1 Facility Access .........................................................................................................................2 Opening Conference................................................................................................................3 SECTION II OBSERVATIONS .......................................................................................................4 SECTION III RECORDS REVIEW ..................................................................................................5 Contingency Plan and Quick Reference Guide (QRG) ...............................................................5 Waste Shipments and Manifests .............................................................................................5 Biennial Reports ......................................................................................................................5 Training Records......................................................................................................................5 Weekly Inspection Logs ...........................................................................................................6 SECTION IV CLOSING CONFERENCE AND FOLLOW UP...............................................................6 SECTION V AREAS OF CONCERN ...............................................................................................7 SECTION VI - ATTACHMENTS .......................................................................................................8 RCRA Subtitle C Inspection Report ALASKA PACIFIC SPACEPORT COMPLEX AKR000003988 June 14, 2023 SECTION I INTRODUCTION On June 14, 2023, lead inspector, Tierra Robinson accompanied by Jessica Schlafstein, United States Environmental Protection Agency (EPA) Headquarters, Washington, DC, conducted an announced compliance evaluation inspection (CEI) at Alaska Aerospace Corporation Pacific Spaceport Complex ) located at MP 13 Pasagshak Road, Kodiak, Alaska 99615. of Subtitle C of the Resource Conservation and Recovery Act (RCRA) regarding the management of hazardous solid waste under EPA ID AKR000003988. The inspection team was accompanied by EPA Region 10 inspector, Jon Jones, and Alaska Department of Environmental Conservation (ADEC) inspector, Alan Pefley. This report is based on information supplied by Facility representatives, observations made by the inspection team, and records and reports maintained by the facility including, but not limited to: direct observations made by the inspection team, photographs taken, verbal or written statements made the facility representatives during or subsequent to the CEI, and materials, processes, data or documents shown, demonstrated, or submitted to the EPA by the facility representatives during or subsequent to the on-site Inspection. In addition, information gathered prior to or subsequent to the inspection from a review of EPA, State, and public records may be included in this report. Background This inspection was based on a request from EPA Region 10 overall compliance with Subtitle C of RCRA. EPA had not previously inspected this facility. ABL , the other party inspected, was the last tenant at the Facility in 2023. In January 2023, a failed rocket launch and subsequent explosion and fire caused debris at the Facility that required clean-up. The volume of debris prompted ABL to apply for a separate EPA identification number as a large quantity generator. Further information about the incident and change in generator status is provided in Section I Introduction: Opening Conference. Facility Description PSCA is located on 3,717 acres of state-owned land in the Narrow Cape of Kodiak Island, Alaska, which is the second largest island in the United States. Kodiak Island is situated in the Gulf of Alaska in the Kodiak Island Archipelago, which is comprised of 16 major islands parallel to the Katmai Coast along the Alaska Peninsula for 177 miles. The island is in southern Alaska separated from the Alaska Peninsula by the Shelifok Strait, 30 miles off the Alaskan coast. The PSCA site is located 25.5 miles south of the town of Kodiak. The Facility is owned by the state of Alaska, Department of Administrative Services and operated by the Alaska Aerospace Corporation (AAC), a corporation owned by the state of Alaska. AAC has an Interagency Land Management Assignment for 30 years that permits the core launch activities. In 2023, AAC 1 RCRA Subtitle C Inspection Report ALASKA PACIFIC SPACEPORT COMPLEX AKR000003988 June 14, 2023 submitted a renewal application for another 30 years to continue operations and also to add 88 acres of a former Coast Guard long range navigation site, LORAN1. PSCA is the first Federal Aviation Administration (FAA)-licensed spaceport not co-located on a federal range2. The Facility opened in 1998 as the Kodiak Launch Complex and has supported 31 launches for sub-orbital and orbital launch vehicles. The Facility currently includes two launch pads with a mission control center, a clean room for preparing satellites to launch, and a 17story tall rocket assembly building. Launchpad 1 is designated for orbital launches and launchpad 2 is for sub-orbital flights. The first launch was conducted in August 1998. Most launches were conducted by the federal government (i.e., Department of Defense). On August 25, 2014, the Department of Defense experienced a failed launch of its Advanced Hypersonic Weapon aboard a STARSFacility (IPF) and launch pads 1 and 2 (see map on page 4 of Attachment #1)3. The Facility closed for two years, was renamed Pacific Spaceport Complex in 2015, and reopened in August 2016. The Facility operates under NAICS 927110 (space research and technology) and notified as a large quantity generator of hazardous waste on March 28, 2023 for the first time. This inspection occurred 78 days after this notification to EPA. Previously, per RCRAInfo, the facility has notified as a very small quantity generator (VSQG) since December 2001. The site has no satellite accumulation areas (SAAs) and one less than 90-day accumulation point on Pad 3. The State of Alaska has not been authorized pursuant to Section 3006 of RCRA, 42 U.S.C. 6926, to carry out a hazardous waste program in lieu of the Federal program. Pursuant to Section 3008(a) of RCRA, EPA may directly enforce the federal hazardous waste program in the State of Alaska. The Facility Registry Service identification number for the Facility is not associated with any other permits and reporting (e.g., Clean Water Act, Clean Air Act). EPA had not previously inspected this facility. Facility Access A notification of inspection was emailed to the Facility on 6/13/2023. A response from Eve Lechowicz, chief of staff for ABL Space Systems, arranged Facility escort Abbie Cottle, site manager, to meet the inspection team at 0900 at the entrance at 41520 Pasagshak Rd, Kodiak, AK, 99615. No access issues were encountered on-site. notice for inspection to ensure Facility representatives are on the island. re advance 1 https://aws.state.ak.us/OnlinePublicNotices/Notices/View.aspx?id=211831 2 https://akaerospace.com/spaceports/ 3 https://www.nasaspaceflight.com/2016/08/kodiak-spaceport-reopens-2014-failure/ 2 RCRA Subtitle C Inspection Report ALASKA PACIFIC SPACEPORT COMPLEX AKR000003988 June 14, 2023 Opening Conference The inspection team arrived at the Facility entrance on 6/14/2023 at 0900. An opening conference was held in the Range Control Center (RCC) building (see Attachment #2). The lead inspector showed her inspection credentials to all in attendance to begin the meeting. The inspection team provided an overview of the scope of the inspection to the personnel, including why the Facility was selected for inspection. The EPA inspectors also let the Facility know that a closing conference would be conducted at the end of the inspection to discuss any findings or areas of concern found during the inspection. The lead inspector informed the site representatives about the right to claim any information gathered during the inspection as Confidential Business Information (CBI). General personal protective equipment (PPE) (i.e., steel-toed boots, googles, high-visibility vest, winter coat) were used. Much of the opening conference was spent explaining the division of ownership and operations at the Facility. The representatives present for PSCA and ABL both explained how and why they were operating separately and independently. PSCA provides facility space and launch pads to various entities, including ABL, on a temporary basis to conduct rocket launches. PSCA leases pad space to tenants for specified amounts of time. Tenants bring their own operations to include crew, contractors, equipment, materials, and contracts for waste removal. Once operations are complete, the tenant removes all their operations, materials, and wastes from the site. At the time of the inspection, all other previous tenants had concluded their leases and removed their operations from PSCA except for ABL. ABL leased space, Pad 3, from the Facility to prepare to launch their RS-1 rocket in January 2023. On January 10, 2023, premature engine shutdown on the rocket caused the rocket to plummet back to the Facility sixty feet from the launchpad, eleven seconds into liftoff causing a large fire that continued for 36 hours 4 release indicates that debris scattered over a quarter-mile radius and was contained within the designated hazard area. Debris and waste from this incident prompted ABL to apply for an EPA large quantity generator identification number. When ABL applied for a RCRA identification number, Complex Alaska, having leased pad space for the rocket launch. Due to the Anomaly and the ongoing cleanup and mitigation, ABL essentially applied for an EPA ID as a co-generator. Generally, EPA manages co-generators under one operator ID, not as separate entities with separate IDs. Further information about the ownership and operations status is provided in Section IV Closing Conference and Follow-up. 4 https://ablspacesystems.com/news/flight-1-l7-update/ 3 RCRA Subtitle C Inspection Report ALASKA PACIFIC SPACEPORT COMPLEX AKR000003988 June 14, 2023 tenants at the Facility were doing work on-site. During stand down, operating hours at the Facility are 0800-1700. ABL was the last tenant at the Facility, so the last operations ended when the pad that ABL leased was demolished during the Anomaly. During campaign mode, leasing tenants are on-site at PSCA in their respective areas or pads preparing for rocket and satellite launches. ABL runs two shifts during campaign mode (0800-1700 and 1600 to 0000). The Facility has not closed any storage areas, nor has any plans to open new storage areas. There is no treatment of waste on-site; there are only storage activities . PSCA staff indicated that they have not generated or stored hazardous waste on-site. ABL staff said they were storing waste on-site on Pad 3. Maintenance activities for PSCA generate mostly universal wastes (e.g., changing light ballasts). ABL staff indicate that the lease agreement with AAC prohibits receiving waste from off-site. Further information about the waste handling processes are provided in Section II Observations. NWFF Environmental provides consulting and emergency management services for AAC, but not the tenants. Ryan Sharratt, CEO of NWFF, was present for the inspection. Ryan indicated that a month ago, their environmental health and safety person, Heather, left the position. The Facility has not had any new tenants so they have not backfilled the position. For emergencies, AAC has their own Emergency Response Plan and all tenants are expected to adopt and adhere to it. During rocket launches, the Facility has the local fire department and state trooper on standby in case wildfires start. During the January 2023 anomaly, the fire lasted for 36 hours; ABL maintained staff on-site for the duration. For the site tour, the inspection team requested to examine Pad 3 and the Maintenance Support Facility. SECTION II OBSERVATIONS Pad 3 The site tour began at Anomaly. Several photos of Pad 3 were provided by Abbie Cottle (see Photo Log, Photographs #1-9). The Anomaly fire destroyed the temporary canvas building and other structures and materials on Pad 3. Restoration Science and Engineering was hired to conduct soil and groundwater sampling to determine if any residual fuel remained after the fire. Brechan, a local construction company, was hired to assist ABL in the cleanup of the Anomaly. All remaining wastes were being accumulated behind the blast wall on the pad. ABL staff noted that majority of the resultant waste was general solid waste in addition to petroleum oil and lubricant (POL). ABL staff indicated that they had 275-gallon intermediate bulk containers (IBCs) that were pending analysis on Pad 3 (see Photo Log, Photographs #10-15). The IBCs were labeled as used oil/fuel oil and H2O, pending analyticals with an accumulation start date of March 31, 2023 4 RCRA Subtitle C Inspection Report ALASKA PACIFIC SPACEPORT COMPLEX AKR000003988 June 14, 2023 (see Photo Log, Photograph #11). None of the IBCs were labeled with an indicator of the hazards (see Section V Areas of Concern, #1). The staff permanent marker. ABL said they received permission from ADEC to separate the oils from water to recycle the waste. The waste was waiting on a shipment that would occur sometime in June to get the waste off-site within 90 days, which would have been June 29, 2023. VOC and toxic testing were complete; ABL was waiting on the ignitable results before selecting a disposal facility. There were three 55-gallon drums labeled as used activated carbon with a beginning accumulation date of March 31, 2023 and two 55-gallon drums labeled used oil. ABL staff said that activated carbon gets recycled through Pacific Coast Carbon. Maintenance Bay AAC obtains contractors for maintenance services through government procurement. Those contractors conduct maintenance activities, such as changing the light ballasts, then take the resultant waste with them upon exit. The maintenance bay was a storage for confidential electronic equipment. Photos were not permitted in this building. The inspection team noted a few nearly full aerosol cans on shelves and desks throughout the building, and inquired where the waste would be stored. Ryan Sharratt was not sure what happened with the empty aerosol containers. Staff were told to collect in Bay 3 for now. They are still in the process of generating a waste management plan since losing their EH&S person. Area 1 AAC indicated that no other tenants are occupying any of the other areas at the time of the inspection. The inspection team asked to ride by the other areas for visual inspection to confirm. Area 1 was nearly a vacant lot. There was a shipping container outfitted as an office, but there were no materials inside. There was no evidence of any tenants in the other areas; there were no buildings, equipment, or materials. SECTION III RECORDS REVIEW Contingency Plan and Quick Reference Guide (QRG) A Contingency Plan/Emergency Response Plan and QRG were not available at the time of the inspection. Waste Shipments and Manifests There were no manifest records available at the time of the inspection. Biennial Reports There were no biennial report records available at the time of the inspection. Training Records There were no training records available at the time of the inspection. 5 RCRA Subtitle C Inspection Report ALASKA PACIFIC SPACEPORT COMPLEX AKR000003988 June 14, 2023 Weekly Inspection Logs There were no inspection logs of the storage area at Pad 3 available at the time of the inspection. Abby stated that while there are no physical logs, she does daily, weekday inspections of Pad 3. SECTION IV CLOSING CONFERENCE AND FOLLOW UP At 1222, the inspection team started the closing conference by reiterating the purpose of the inspection. The attendees initialed their names on the opening conference sign in sheet (see Attachment #2). The inspection team made sure the Facility personnel understood that the comments and observations made during the closing conference may not be all inclusive and that any preliminary observations discussed were not compliance determinations. All preliminary observations shared are subject to further investigation by EPA staff upon the additional review of records and documentation. Additional observations may be contained in this inspection report and the attachments that were not identified at the time of the closing conference. The Facility representatives were reminded that they could make claims of CBI on the material gathered during the inspection. No such CBI claims were made. The inspection team thanked the Facility for their participation in the inspection and gave them a brief outline of the next steps. The inspection was completed at 1238, and the inspection team departed the Facility. Following the inspection, ABL Environmental Health and Safety Manager, Tate Gordon emailed the lead inspector on June 21, 2023 with the photos that Abbie Cottle took during the inspection and for clarification and guidance on the generator identification number assigned to ABL (see Attachment #3). The email notes that ABL was seeking a separate generator number from Alaska Aerospace Corporation, as they are a separate entity and leasing space at the Facility. On June 29, 2023, John Cramer, President and CEO of Alaska Aerospace, emailed the lead inspector requesting that ABL be removed from association with the Facility as the facilities do not have a joint venture (see Attachment #4). Both entities were informed that EPA R10 will follow up with the Facility and ABL about the possible co-generator status. 6 RCRA Subtitle C Inspection Report ALASKA PACIFIC SPACEPORT COMPLEX AKR000003988 June 14, 2023 SECTION V AREAS OF CONCERN The presentation of Area(s) of Concern does not constitute a formal compliance determination or violation. 1. On Pad 3, the POL waste awaiting results from analyticals was not marked with an inspection. 7 RCRA Subtitle C Inspection Report ALASKA PACIFIC SPACEPORT COMPLEX AKR000003988 June 14, 2023 SECTION VI - ATTACHMENTS Photo Log Attachment 1: Attachment 2: Attachment 3: Attachment 4: Visitor Information, Maps Sign-in sheet for Opening/Closing Conference Email from ABL, June 21, 2023 Email from Alaska Aerospace, June 29, 2023 8 ALASKA PACIFIC SPACEPORT COMPLEX RCRA-C CEI June 14, 2023 ATTACHMENT 1: Visitor Information, Maps ALASKA PACIFIC SPACEPORT COMPLEX RCRA-C CEI June 14, 2023 ATTACHMENT 2: Sign-in Sheet, Opening & Closing Conference ALASKA PACIFIC SPACEPORT COMPLEX RCRA-C CEI ATTACHMENT 3: Email from ABL June 14, 2023 Robinson, Tierra From: Sent: To: Cc: Subject: Attachments: Tate Gordon <tate.gordon@ablspacesystems.com> Wednesday, June 21, 2023 6:27 PM Robinson, Tierra Schlafstein, Jessica; Jones, Jon; Bobka, John; Doster, Kathleen; bryan.jones@totusehs.com; Eve Lechowicz; Tim Mullins; Steve Dalton RE: [RESPONSE NEEDED] Upcoming EPA RCRA-C Inspection at ABL SPACE SYSTEMS PACIFIC SPACEPORT COMPLEX-ALASKA, June 14-15, 2023 OneDrive_1_6-21-2023.zip; Kodiak Spaceport Inspection Notice and Document Request.pdf Follow Up Flag: Flag Status: Follow up Completed Categories: In Office/To Do Task Hello Ms. Robinson, I would first like to introduce myself: I am Tate Gordon, the Environmental Health and Safety Manager for ABL Space Systems; unfortunately I was out of the office when I received your email. We hope that our Kodiak site team was able to provide you with full access to the site for your inspection and everything went smoothly. As a follow up to the inspection conducted on June 14, 2023, I would like to confirm the following: What is the anticipated timeline for the EPA documented inspection report? ABL has a list of items that were requested as part of the site inspection. Does the EPA prefer for us to respond to the inquiries now or wait and provide one comprehensive response once the official inspection report is received? Please find ABLs LP-3C site photos taken during the inspection. Please let me know if any additional photos or clarification is needed. Does the EPA intend to issue separate inspection reports to ABL Space Systems and Alaska Aerospace Corporation? We wanted to also ask for additional clarification and guidance in regard to the issuance of our EPA Hazardous Waste Generator Identification number. Following the site inspection, ABL noted that we were issued Alaska Aerospace Corporations (AAC) EPA ID Number, which was previously deactivated. Please note that ABL Space Systems is a separate entity from AAC and we are currently leasing property, including LP-3C, from AAC at the Pacific Spaceport Complex Alaska. When ABL submitted our application for issuance of an unique EPA ID Number, we provided our company (site operator) information in section 9B and provided the site owners (AAC) information in section 9A. Can the EPA please advise (1) if we completed our application correctly with respect to this legal distinction and (2) if the resulting EPA ID number is accurate in this circumstance or if a new EPA ID number should be issued given that we are entirely legally separate from AAC? 1 Thank you for the clarification of these questions and please kindly confirm receipt. If you have any additional requests, please feel free to reach out to me via email or contact me directly at (424) 225-9232. Regards, Tate Tate Gordon EHS Manager 224 Oregon St, El Segundo, CA 90245 Tate.gordon@ablspacesystems.com (424) 225-9232 From: Robinson, Tierra <Robinson.Tierra@epa.gov> Sent: Monday, June 12, 2023 9:06 PM To: bryan.jones@totusehs.com; JOHN.ZBITNOFF@AKAEROSPACE.COM; Tate Gordon <tate.gordon@ablspacesystems.com> Cc: Schlafstein, Jessica <Schlafstein.Jessica@epa.gov>; Jones, Jon <Jones.Jon@epa.gov>; Bobka, John <Bobka.John@epa.gov>; Doster, Kathleen <Doster.Kathleen@epa.gov> Subject: [RESPONSE NEEDED] Upcoming EPA RCRA-C Inspection at ABL SPACE SYSTEMS PACIFIC SPACEPORT COMPLEX- 2 ALASKA PACIFIC SPACEPORT COMPLEX RCRA-C CEI June 14, 2023 ATTACHMENT 4: Email from Alaska Aerospace Robinson, Tierra From: Sent: To: Cc: Subject: Attachments: Alyssa Hodum <alyssa.hodum.ctr@akaerospace.com> Thursday, July 6, 2023 3:41 PM Robinson, Tierra; Schlafstein, Jessica John Cramer; Maggie Minton; Robert Greene; Ryan Sharratt; Shannon Edwards; Environmental Compliance PSCA Site Visit 6/14/23 PSCA Site Name 6.29.23.pdf Categories: In Office/To Do Task Good a ernoon Tierra, During the recent PSCA site inspec on, it was noted that there were discrepancies between the EPA Generator ID and the facility operator. Please nd the a ached le er further detailing this issue. We appreciate your assistance in this ma er. Thank you, Alyssa Hodum License Technical Analyst, Aurora Launch Services A wholly-owned subsidiary of Alaska Aerospace O: 907-771-8035 1 Alaska Aerospace Corporation 4300 B St # 101 Anchorage, Alaska 99503 U.S. Environmental Protection Agency ATTN: Tierra Robinson | Environmental Scientist CC: Jessica E. Schlafstein | Physical Scientist 1200 Pennsylvania Ave NW, MC 2261A Washington, DC 20460 June 29, 2023 SUBJECT: Letter for Requested Action, Pacific Spaceport Complex - Alaska To Whom It May Concern, This letter of requested action is being provided based upon a physical site inspection performed on June14, 2023. During this inspection noted discrepancies regarding EPA Generator IDs were discussed and theorized how these issues have unfolded. The Pacific Spaceport Complex - Alaska (PSCA) is one of 14 Federal Aviation Administration (FAA) licensed Spaceports in the United States. PSCA is owned and operated by the State of Alaska under the state corporation Alaska Aerospace Corporation (AAC). At PSCA, we launch rockets in the small and medium class to orbital and suborbital polar and Sun-synchronous orbits. The company ABL is a customer of AAC, they own and bring their rockets to AAC's facility to launch. When ABL received the notice `Compliance Evaluation Inspection (CEI) ABL Space Systems Pacific Spaceport Complex - Alaska AKR000003988' it did not go to the operator of the site AAC. Somehow, ABL was noted as facility operator, this is incorrect and AAC should be the entity associated with the site PSCA AKR000003988. AAC requests that ABL be removed from association with the PSCA and that the name `ABL Space Systems Pacific Spaceport Complex - Alaska' be changed back to its correct name Pacific Spaceport Complex - Alaska. Failure of changing the name infers a Joint-Venture between PSCA and ABL, which is not correct. We sincerely appreciate the assistance in working with us to clear up this clerical issue. The points of contact for PSCA are the following: John Cramer, AAC CEO John.Cramer.ctr@akaerospace.com, 907-632-2349 Rob Greene, PSCA Site Manager Robert.Greene@akaerospace.com, 907-942-7929 Alyssa Hodum, License Technical Analyst Alyssa.Hodum.ctr@akaerospace.com, 907-771-8035 Thank you, _____________________________ John Cramer President & CEO Alaska Aerospace 1