Document MGaG1xJeqeMaqd5Z8OwBDwONa

June 24, 2024 ELECTRONIC MAIL DELIVERY RECEIPT REQUESTED Commander Luis G. Martinez Commanding Officer U.S. Naval Support Activity - Crane Division 300 U.S. Highway 361 Crane, Indiana 47522-5009 mailto:luis.g.martinez26.mil@us.navy.mil Re: Notice of Potential Violation and Opportunity to Confer Compliance Evaluation Inspection Report and Description of Areas of Concern Crane Naval Surface Warfare Center EPA I.D.: IN5170023498 Crane, Indiana Dear Commander Martinez: On February 7-9, 2023, the U.S. Environmental Protection Agency conducted an RCRA compliance evaluation inspection of the U.S. Naval Support Activity--Crane Division ("Crane," "facility," or "you") located in Crane, Indiana. The purpose of the inspection was to evaluate Crane's compliance with certain provisions of RCRA and its implementing regulations related to the generation, treatment, and storage of hazardous waste. We have enclosed a copy of the inspection report for your convenience. On November 21, 2023, EPA issued a Request for Information under Section 3007 of RCRA (information request). Crane responded to the information request in a written submittal dated February 1, 2024. Information currently available to EPA suggests that Crane may be in violation of RCRA. By this letter, EPA is extending to you an opportunity to advise the Agency, in person or in writing, of any further information EPA should consider with respect to the areas of concern. During the inspection, EPA observed several areas of concern, described below. The description of the areas of concern is not a final determination regarding the Facility's compliance with RCRA. EPA requests that you voluntarily submit a response in writing to us no later than 30 calendar days after receipt of this letter documenting the actions, if any, which you have taken since the inspection to address the areas of concern described below or demonstrating why the areas should not be of concern. After review of your response, EPA will notify you of any further action. Areas of Concern When used below, the term "hazardous waste management permit" refers to the Indiana Department of Environmental Management Hazardous Waste Management Permit issued July 10, 2019, and all subsequent approved modifications. During the inspection, and in reviewing Crane's information request response, EPA observed the following areas of concern: 1. Maintenance and Operations of the Facility Under 329 Ind. Admin. Code 3.1-7-1, a large quantity generator must maintain and operate its facility to minimize the possibility of a fire, explosion, or any unplanned sudden or nonsudden release of hazardous waste or hazardous waste constituents to air, soil, or surface water which could threaten human health or the environment. On July 5 and 6, 2022, wooden crates containing approximately 114,729 pounds of red phosphorous (in 81 mm mortar rounds) that was awaiting processing in the (b) (6) rotary kiln caught fire. The fire was result of storing the mortar rounds outside, under a tarp for about a week when daily high temperatures averaged 96-99 degrees Fahrenheit. Red phosphorus can react with moisture and heat to form phosphine gas, which auto ignites at 100 F. The red phophorous was stored in a way that did not minimize the possibility of a fire, considering the autoignition temperature of red phosphorous. Therefore, Crane violated 329 Ind. Admin. Code 3.1-7-1. 2. Incompatible Waste Storage Condition III.I.3 of Crane's hazardous waste management permit requires Crane to separate containers of incompatible wastes as indicated in the Section D, Process Information, Attachment I. 329 Ind. Admin. Code 3.1-9-1(a) and 40 C.F.R. 264.177(c) requires storage container holding a hazardous waste that is incompatible with any waste or other materials stored nearby in other containers, piles, open tanks, or surface impoundments must be separated from the other materials or protected from them by means of a dike, berm, wall, or other device. On the day of the inspection (February 8, 2023), the following incompatible waste were stored in close proximity to each other at the Container Storage Facility (CSF): a. Reactive hydrogen peroxide stored next to ignitable wastes (photographs 11 and 12 of inspection report); b. Reactive ferricyanide stored next to ignitable waste (photograph 13 of inspection report); 2 c. , (b) (6) : One (1) gaylord box of filter cake ((b) (6) of inspection report); and d. : Two (2) 5-gallon jugs of lab waste. 5. Date When Each Period of Accumulation Begins Under 329 Ind. Admin. Code 3.1-7-1, a large quantity generator must clearly mark each container holding hazardous waste with the date upon which each period of accumulation begins. At the time of the inspection (February 8, 2023), the following containers in storage at the ((b) (6) container storage area were not marked with accumulation start dates of inspection report): a. One (1) gaylord box of filter cake; b. One (1) 55-gallon container of caustic filter; and c. One (1) 55-gallon container of "HCl filters." 6. Use and Management of Containers Under 329 Ind. Admin. Code 3.1-7-1, a large quantity generator must always keep a container holding hazardous waste closed during storage, except when it is necessary to add or remove waste. At the time of the inspection (February 8 and 9, 2023), the following containers of hazardous waste were not closed at a time when waste was not being added to or removed from the container: a. : Three (3) satellite accumulation containers for "scrap IR components in mineral oil," "MJU comp," and "scrap IR comp." b. : Two (2) satellite accumulation containers of acidic and basic corrosive waste (photographs 45 and 46 of the inspection report). These were remedied at the time of the inspection; c. : One (1) drum of explosive hazardous waste to which mineral oil is added; d. , : One (1) container of hexane and acetone. This was remedied after the inspection; and e. : One (1) 55-gallon container of arsenic containing condensation accumulated from the building's attic. This was remedied after the inspection. 7. Condition of Containers Under 329 Ind. Admin. Code 3.1-7-1, if a container holding hazardous waste is not in good condition the owner or operator must transfer the waste to a container that is in good condition or otherwise manage the waste in compliance with 40 C.F.R. Part 265. At the time of the inspection (February 8, 2023), the lids for two (2) satellite accumulation containers of scrap IR components in mineral oil and air respirator filters, respectively, at 4 11. Open Burn and Detonation Weather Documentation Condition VII.C.3 of Crane's hazardous waste management permit restricts open burning under certain weather conditions and requires that compliance with these condition be documented in the operating record for each event. In its information request, EPA requested the records used to document compliance with Condition VII.C.3 of Crane's hazardous waste management permit. Review of the records submitted by Crane in its Information Request Response indicates the following noncompliance with restrictions on burning. a. May 18, 2021. Started incendiary cage at 12:30 when cloud cover between 88-90%. b. May 19, 2021: Started incendiary cage at 10:30 when last notation of cloud cover was 99%. No recorded confirmation of drop to 80% prior to burning. c. June 8, 2021: Burn pans started at 9:47 and 10:32 when cloud cover was between 89- 100%. d. June 9, 2021: Burned pans started at 10:40 when cloud cover was 94%. e. June 10, 2021: Cloud cover reached 100% by 12:06. Burning did not cease until 13:00. f. April 18, 2023. Burning continued when wind speed dropped below 3 mph. g. May 4, 2023. Burning initiated and continued when speed was below 3 mph. In addition, the records provided by Crane do not record burn times, relative to weather observations, for the period of July 12, 2021, through February 14, 2023. 12. Training Section II.F of Crane's hazardous waste management permit requires Crane to provide annual training according to the outline in Section H of permit attachments 0 through V. 329 Ind. Admin. Code 3.1-9-1(a) and 40 C.F.R. 264.16(c) requires facility personnel take part in annual classroom instruction or on-the-job training that teaches them to perform their duties in a way that ensures the facility's compliance with the requirements of 40 C.F.R. Part 264. Training records reviewed at the time of the inspection (February 9, 2023) indicated that Messrs. Doug Johnson and Matthew Brindle, who have significant hazardous waste management responsibilities for the Navy and the Army, respectively, were not on the list of people who received RCRA refresher training in 2022. 13. Emergency Coordinators Listed in Contingency Plan Section II.I.3. of Crane's hazardous waste management permit requires that Crane review and immediately amend, if necessary, the facility contingency plan when required by 329 Ind. Admin. Code 3.1-9 and 40 C.F.R. 264.53. 40 C.F.R. 264.54(d) requires the contingency plan to be amended when the list of emergency coordinators changes. 6 The contingency plan reviewed at the time of the inspection (February 9, 2023) listed three emergency coordinators who had retired. 14. Submission of Contingency Plan to Local Authorities Section II.I.2 of Crane's hazardous waste management permit requires that Crane submit a copy of its contingency plan to local police departments, fire departments, hospitals, and state and local emergency response teams that may be called upon to provide emergency services. At the time of the inspection (February 9, 2023), there was no documentation that Crane had submitted the most recent contingency plan to local authorities. In its Information Request, EPA requested the date of the last transmittal of the facility's contingency plan to local emergency service providers including supporting documentation. In its response, Crane stated "[t]here is no documented transmittal of the RCRA Contingency plan." Actions Requested By no later than 30 calendar days after receipt of this letter, please provide information documenting the actions, if any, which you have taken since the inspection to address the identified areas of concern, as well as any additional information requested. You do not need to provide documentation regarding areas of concerns 2, 4a, 6b, 6d, and 6e which were addressed during the inspection. Please send all reports requested by this letter by electronic mail to: r5lecab@epa.gov and brown.todd@epa.gov The subject line of all email correspondence must include, "IN5170023498." All electronically submitted materials must be in final and searchable format, such as Portable Document Format (PDF) with Optical Character Recognition (OCR) applied. If you are unable to send a response to these email addresses due to email size restrictions or other problems, contact [inspector name] to make additional arrangements for transmission of the response. This letter is not subject to the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., because it seeks information from specific individuals or entities as part of an administrative investigation. You may assert a claim of business confidentiality under 40 C.F.R. Part 2, Subpart B for any part of the information you submit to EPA in response to this letter. Information subject to a business confidentiality claim is available to the public only to the extent, and by means of the procedures, set forth at 40 C.F.R. Part 2, Subpart B. If you do not assert a business confidentiality claim when you submit the information, EPA may make this information available to the public without further notice. 7