Document NGwvVQenZd81Ddb9VggzNaNBb

Inspection Entry Date/Time Inspection Exit Date/Time Regulatory Program Type of Inspection EPA REGION 6 Enforcement Division INSPECTION REPORT 06/24/2024 09:05 (CT) Announced: No 06/24/2024 11:10 (CT) Access: Granted RCRA Focused Compliance Inspection (FCI) Facility or Site Name Facility/Site Identifier Facility/Site Physical Address City, State, Zip Code County/Borough Generator Status NAICS Type of Operation Geographic Coordinates BASF Corporation TX0000195966 1451 Navigation Blvd Freeport, TX 77541 Brazoria County Very Small Quantity Generator (VSQG) 424690 BASF Corporation (BASF) is an export terminal for anhydrous ammonia. 28.942075, - 95.34704 Additional Persons Participating in Inspection: Name Title Organization Elizabeth Pham Inspector EPA REGION 6 Erin Young-Dahl Inspector EPA REGION 6 Neil Rapp Contractor Eastern Research Group (ERG) Email Pham.Elizabeth@epa.gov YoungDahl.Erin@epa.gov Neil.Rapp@erg.com Lead Inspector: Vince Damiano Vincent Damiano ERG Digitally signed by Vincent Damiano Date: 2024.08.27 12:55:36 -04'00' Vince.Damiano@erg.com Phone (214) 665-8354 (214) 665-3166 (480) 450-6517 (703) 633-1732 Page 1 of 4 BASF Corporation SECTION I - INTRODUCTION Site Entry and Purpose of the Inspection Inspection Date: 06/24/2024 The Port Freeport and surrounding facilities were selected for inspection based on an Environmental Justice and Regional initiative to evaluate facilities at ports receiving or transporting Resource Conservation and Recovery Act (RCRA)-regulated hazardous wastes, and/or have an International Convention for the Prevention of Pollution from Ships (MARPOL) Annex V Certificate of Adequacy (COA) issued by the U.S. Coast Guard (USCG) . This report is based on information supplied by the facility representatives, inspector observations, and other records, including photographs taken (see Appendix 1), verbal or written statements made during or after the on-site inspection, and/or materials shown, demonstrated, or submitted to the EPA during or after the on-site inspection. In addition, information gathered prior to or after the inspection from a review of EPA, State, and public records may be included in this report. Attendees Title/Organization Lead Inspector/ Contractor/ERG RCRA Inspector/ Contractor/ERG Inspector/Enforcement Officer/EPA Region 6 Inspector/Enforcement Officer/EPA Region 6 Name Vince Damiano Phone Email (703) 633-1732 Vince.Damiano@erg.com Opening Conf. Yes Closing Conf. Yes Neil Rapp (480) 450-6517 Neil.Rapp@erg.com Yes Yes Elizabeth Pham (214) 665-8354 Pham.Elizabeth@epa.gov Yes Yes Erin Young-Dahl (214) 665-3166 YoungDahl.Erin@epa.gov Yes Yes Facility General Description Tenant/Area BASF Corporation Inspection Date 06/24/24 Process Description BASF Corporation (BASF) is an export terminal for anhydrous ammonia that directly loads barges and ships. It also has the ability to receive ammonia, but only does this in special cases. The facility maintains a MARPOL COA for Annex I and V but does not receive waste from vessels. Area of Concern Yes Page 2 of 4 BASF Corporation SECTION II - OBSERVATIONS Inspection Date: 06/24/2024 Tenant: BASF Corporation Section: 2.1 Date: 06/24/24, 09:05 AM Contains AOC: Yes Contains CBI: No Lead Inspector: Vince Damiano Attendees: James Muhl (Superintendent) and Julie Tran (Compliance Engineer) BASF is located just south of Port Freeport and operates within the same shipping channel, but it is not a tenant of Port Freeport. BASF operates as a terminal for anhydrous ammonia, which is produced at the BASF chemical plant nine miles away from the terminal site. The ammonia is liquified at the chemical plant and hard-piped to the BASF terminal, where it is stored in one of two storage tanks (30,000 and 20,000 metric tons). From the storage tanks, it is piped to the dock where the ammonia can be loaded on to barges and vessels using a loading arm. BASF maintains a MARPOL COA (see Appendix 2) for Annex I and V and is registered with EPA as a VSQG of hazardous waste (EPA ID TX0000195966). BASF stated that it has not allowed a third party to remove waste from ships at its docks in at least seven years. Mr. Muhl explained to the inspection team that most of the waste generated onsite is used oil, which is transported and disposed of by Lion Recycling. Other wastes are transported and disposed of by Clean Harbors; these include universal waste, spills, and other miscellaneous wastes that are generated from operations. The inspection team began the visual inspection at 10:10 AM. The team first observed the waste storage area, where one partially-full 5-gallon bucket of used oil labeled as `glycol/oil, glycol/water' and one partially-full 55-gallon drum labeled as `waste oil' were found (see Appendix 1 - Photo 1). Mr. Muhl explained the waste oil came from maintenance operations and the inspection team stated it should be labeled as used oil [AOC#1 BASF did not clearly label containers used to store used oil with the words "Used Oil" - 40 CFR 279.22(c)(1)]. Next, the inspection team observed a drum of aerosol cans outside the control building. The container was labeled as Universal Waste and had an accumulation start date on the label. The inspection team observed the maintenance building and found two half-full 55-gallon drums labeled as `RCRA Empty' behind the building (see Appendix 1 - Photo 2). When asked why the drums were labeled as RCRA Empty when they were not empty, Mr. Muhl said the drums contained used oil (see AOC#1). The inspection team did not observe other apparent AOCs at the time of the inspection. A closing conference was conducted at approximately 10:35 AM with BASF personnel, during which the AOCs were communicated. Following the inspection, Mr. Muhl sent photos (see Appendix 3) addressing each of the AOCs where he properly labeled the drums as used oil. Page 3 of 4 BASF Corporation Inspection Date: 06/24/2024 SECTION III - RECORDS REVIEW No RCRA-regulated records were reviewed during this focused onsite inspection. SECTION IV - AREAS OF CONCERN The presentation of Area(s) of Concern does not constitute a formal compliance determination or violation. Tenant: BASF Corporation AOC #1 - BASF did not clearly label containers used to Citation: 40 CFR 279.22(c)(1) store used oil with the words "Used Oil" Section: 2.1 SECTION V - FOLLOW UP Any facility follow-up items are as discussed in the observations in Section II. Documents or files provided by the facility were transmitted via email and included responses to AOCs or provision of documents requested. Communication Log During and after the inspection, additional information was emailed to EPA including: 1. 06/24/24 BASF email - James Muhl provided the inspection team with photos taken during the inspection as a BASF intrinsically safe camera had to be used on site. 2. 03/14/24 BASF email - James Muhl sent photos of the AOCs being addressed. SECTION VI - LIST OF APPENDICES Appendix 1. Photograph Log Appendix 2. BASF MARPOL COA Appendix 3. BASF Follow-Up Photos to AOCs Page 4 of 4 APPENDIX 1. PHOTOGRAPH LOG UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Photo No. 1 Location: BASF Ammonia Terminal City: Freeport County/Parish: Brazoria State: Texas Photo File Name: 20240624_103111 Date of Photo: 06/24/2024 Time of Photo: 10:31 hrs. Photographer: Vince Damiano Description: View of 55-gallon drum of used oil labeled as waste oil in waste storage area. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Photo No. 2 Location: BASF Ammonia Terminal City: Freeport County/Parish: Brazoria State: Texas Photo File Name: 20240624_104044 Date of Photo: 06/24/2024 Time of Photo: 10:40 hrs. Photographer: Vince Damiano Description: View of two 55-gallon drums of used oil labeled as RCRA Empty behind maintenance building. APPENDIX 2. BASF MARPOL COA Appendix 2 Page 1 of 1 APPENDIX 3. BASF FOLLOW-UP PHOTOS TO AOCS 55-gallon drum now labeled as Used Oil Appendix 3 Page 1 of 2 Two 55-gallon drums now labeled as Used Oil Appendix 3 Page 2 of 2