Document NEke8Z93p1rdqEM9YEVxvGz7g

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION III Four Penn Center 1600 John F. Kennedy Boulevard Philadelphia, Pennsylvania 19103-2852 Via Electronic Mail Adrienne Yeager, Environmental Manager AdvanSix Resins & Chemicals LLC 2501 Margaret & Bermuda Street Philadelphia, Pennsylvania 19137 adrienne.yeager@advansix.com RE: Request for Information Pursuant to Section 3007(a) of the Resource Conservation and Recovery Act, U.S.C. 6927(a), Regarding Generation and Management of Hazardous Waste by AdvanSix Resins & Chemicals LLC EPA ID No. PAD002312791 Reference Number: C23-001 Dear Ms. Yeager: The U.S. Environmental Protection Agency, Region III ("EPA") is requesting to supplement information obtained during EPA Region 3's Compliance Evaluation Inspection ("CEI") of the AdvanSix Resins & Chemicals LLC, located at 2501 Margaret & Bermuda Street, Philadelphia, Pennsylvania, ("AdvanSix" or "the Facility") on August 29, 2022 (report sent on 11/02/2022 - referred to as "EPA Inspection Report"). EPA is requesting this information pursuant to Section 3007(a) of the Resource Conservation and Recovery Act, 42 U.S.C. 6927(a), regarding the generation and management of hazardous waste. EPA requires that you furnish to EPA, within thirty (30) calendar days of receipt of this letter, the information requested below, including documents responsive to such requests. Section 3007(a) of the Resource Conservation and Recovery Act For each and every request, if you have any reason to believe that there may be a person(s) who may be able to provide a more detailed or complete response to such request or provide additional responsive documents, then as a part of your response to such request, identify each such person and the additional information or documents which such person may be able to provide. Furthermore, for each and every response, if information or documents responsive to such request are not in your possession, custody or control, then as part of your response to such request, identify each person from whom such information or documents may be obtained. Please provide a separate narrative response to each information request. Precede each answer with the number of the question or letter of the subpart of the request to which it corresponds. A request for documents shall be construed as a request for any and all documents maintained by you or in your custody, control, or possession or in the possession, custody or control of any employees or agents, relating to the matters described below. All copies of documents submitted to EPA in response to the following requests must be complete and legible. Customer Service Hotline: 1-800-438-2474 As used herein, the term "document" means: writings (handwritten, typed or otherwise produced or reproduced) and includes, but is not limited to, any invoices, checks, receipts, bills of lading, weight receipts, tolls receipts, correspondence, offers, contracts, agreements, deeds, leases, manifests, licenses, permits, bids, proposals, policies of insurance, logs, books of original entry, minutes of meetings, memoranda, notes, calendar or daily entries, agendas, bulletins, notices, announcements, charts, maps, photographs, drawings, manuals, brochures, reports of scientific study or investigation, schedules, price lists, telegrams, teletypes, phonograph records, magnetic voice or video records, tapes, summaries, magnetic tapes, punch cards, recordings, discs, computer print outs, or other data compilations from which information can be obtained and translated. All other terms used in this request for information that are defined in RCRA, 42 U.S.C. 6901 et seq., 40 C.F.R. Parts 260-266, 268, and 273 (1998 ed.), or 25 Pa. Code Chapters 260a-266a, 266b, and 268a (effective May 1, 1999) shall have the meanings set forth therein. Please provide the information requested below: Information Request 1. During the CEI on 8/29/2022, the inspectors observed a green wet sheen within the secondary containment of VT-622 (see EPA Inspection Report Photo 40). With respect to the observed sheen ("substance"), please answer the following: a. What was the substance that was observed? b. Provide a detailed description of the process or processes that generated the observed substance. c. Please state if the observed substance was the result of a leakage or discharge from VT622 or equipment associated with VT-622? Provide a detailed narrative to support your claim. d. Is the substance a hazardous waste? If so, please state the basis of your knowledge and provide the specific EPA Hazardous Waste Code(s) associated with such hazardous waste. 2. During the CEI on 8/29/2022, the inspectors observed an unattended red bucked under a large valve within the secondary containment of VT-622 (see EPA Inspection Report Photos 42 & 43). The bucket contained a black oily fluid. With respect to the black oily fluid, please answer the following: a. What was the black oily fluid that was observed? b. Provide a detailed description of the process or processes that generated the black oily fluid. 2 c. Please state whether or not a "waste determination" was made for the black oily fluid. d. If a "waste determination" was made for the black oily fluid, state whether the waste determination was based on analytic results or on the generator's knowledge of the process that generated the waste. If the determination was based on analytical results, provide any and all documentation of such results. If the determination was based on the generator's knowledge, provide a narrative explanation of the scientific basis for such determination, and provide any supporting documents. e. Was the black oily fluid determined to be a "hazardous waste?" If so, please state the specific EPA Hazardous Waste Code(s) associated with such hazardous waste. 3. During the CEI on 8/29/2022, while on the third level of Distillation Unit 3, the inspectors observed a metal bucket containing a dark viscous liquid next to process unit VT-319 (see EPA Inspection Report Photos 66 & 67). At the time of the observation, it was believed by Ms. Yeager that the bucket was being utilized by maintenance. With respect to the observed bucket, please answer the following: a. What was the viscous liquid that was contained in the bucket? b. Provide a detailed description of the process or processes that generated the viscous liquid contained in the bucket. c. Was the viscous liquid a waste? If so, please state whether or not a "waste determination" has been made for the viscous liquid. d. Was the viscous liquid determined to be "hazardous waste?" If so, please state the basis of your knowledge and provide the specific EPA Hazardous Waste Code(s) associated with such hazardous waste. 4. During the CEI on 8/30/2022, while in the Chromatography lab, located on the third floor, the inspectors observed three containers (jugs) with hazardous waste labels (see EPA Inspection Report Photo 98). In post inspection correspondence, Ms. Yeager had explained that the containers had contained mostly water with trace plant chemicals, the container's contents are returned to the process, and the hazardous waste labels were replaced with labels that read "Plant Waste for Recycling". Other labels, that were placed on the containers, read "Contents: water, methanol, acetonitrile, isopropyl alcohol" and "Contents: HPLC Elven, acetronitrile/water". With respect to the observed containers, please answer the following: a. Provide a detailed description of the process or processes that generates the fluids within the containers. b. For each of the three observed containers, provide a list of constituents, to include percentages, that makes up the fluid mixture going into the containers. 3 c. If the observed fluids are "returned to the process", explain what process or processes the fluids are utilized in and how the fluids are used. d. If the observed fluids are not "returned to the process", are the fluids a waste? e. Please state whether or not a "waste determination" has been made for the fluids. f. If a "waste determination" was made for the black oily fluid, state whether the waste determination was based on analytic results or on the generator's knowledge of the process that generated the waste. If the determination was based on analytical results, provide any and all documentation of such results. If the determination was based on the generator's knowledge, provide a narrative explanation of the scientific basis for such determination, and provide any supporting documents. g. Were the fluids determined to be "hazardous waste?" If so, please state the specific EPA Hazardous Waste code(s) associated with such waste. 5. While reviewing the Facility's records, the inspector observed that VT-245 was out of service from 1/21/2021 to either Jan or Feb 2022. High ash phenol residue (K022) from CL-220 is stored in VT-245 until it is shipped offsite as hazardous waste. During the time that VT-245 was out of service, how was the high ash phenol residue from CL-220 managed? Was the waste stored in another tank? If so, please identify any and all tanks that the waste was stored in. 6. While reviewing the Facility's biennial report, the inspector observed a waste identified as "VT 633 pumpout" (D001, U002, U055, U188). With respect to "VT 633 pumpout", please answer the following: a. What is "VT 633 pumpout"? b. Provide a detailed description of the process or processes that generates "VT 633 pumpout". c. What is the purpose and function of VT-633? The provisions of Section 3008 of RCRA, 42 U.S.C. 6928 authorize EPA to pursue penalties for failure to comply with Section 3007(a) of RCRA respectively. In addition, Section 3007(a) of RCRA, 42 U.S.C. 6928 authorizes EPA to pursue penalties for failure to respond adequately to an information request under Section 3007(a) of RCRA. In addition, providing false, fictitious, or fraudulent statements or representations may subject you to criminal penalties under 18 U.S.C. 1001. The information you provide may be used by EPA in administrative, civil, or criminal proceedings. Your response must include the following signed and dated certification: I certify under penalty of law that I have personally examined and am familiar with the informing submitted in this and all attached documents and that based on my inquiry of those individuals 4 immediately responsible for obtaining the information, I believe that the submitted information is true, accurate and complete. Signature: Date: Name: Title: ____________________________ ____________________________ ____________________________ ____________________________ With regard to the Small Business Regulatory Enforcement and Fairness Act ("SBREFA"), please see the "Information for Small Businesses" memo, found at https://www.epa.gov/sites/production/files/2017-06/documents/smallbusinessinfo.pdf, which might be applicable to your facility. This enclosure provides information on contacting the SBREFA Ombudsman to comment on federal enforcement and compliance activities and also provides information on compliance assistance. As noted in the enclosure, any decision to participate in such program or to seek compliance assistance does not relieve your facility of its obligation to respond in a timely manner to an EPA request or other enforcement action, create any rights or defenses under law, and will not affect EPA's decision to pursue an enforcement action. To preserve your facility's legal rights, you must comply with all rules governing the administrative enforcement process. The Ombudsman and fairness boards do not participate in the resolution of EPA's enforcement actions. EPA has not made a determination as to whether or not your facility is covered by SBREFA. Your Facility is entitled to assert a claim of business confidentiality covering any part or all of the information submitted, in a manner described in 40 C.F.R. 2.203(b). Information subject to a claim of business confidentiality will be made available to the public only in accordance with 40 C.F.R. Part 2, Subpart B. Unless a claim of business confidentiality is asserted at the time the requested information is submitted, EPA may make this information available to the public without further notice to your facility. This request for information is not subject to review by the Office of Management and Budget pursuant to the Paperwork Reduction Act, 44 U.S.C. 3501-3520. Please send your response electronically to: Jeremy Dearden (3ED22) Dearden.jeremy@epa.gov U.S. Environmental Protection Agency Region III Four Penn Center 1600 John F. Kennedy Blvd. Philadelphia, PA 19103-2029 5 If you have any questions concerning this matter, please contact Mr. Dearden, Enforcement Officer, at (215) 814-5351 or dearden.jeremy@epa.gov. Sincerely, Digitally signed by JEANNA JEANNA HENRY HENRY Date: 2022.12.19 15:28:45 -05'00' Jeanna R. Henry, Chief Air, RCRA & Toxics Branch Enforcement and Compliance Assurance Division cc: Jeremy Dearden (3ED22) Pauline Belgiovane (3ED20) Melissa Gross, PADEP 6