Document NeKNKyG9xLkMN88wMGmYg8zBE

Inspection Entry Date/Time Inspection Exit Date/Time Regulatory Program Type of Inspection EPA REGION 6 Enforcement Division INSPECTION REPORT 06/26/2024 1:45 PM (CT) Announced: No 06/26/2024 2:50 PM (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 Gulf Stream Marine LLC N/A 575 Pete Schaff Blvd Freeport, TX 77541 Brazoria County Non-generator 336611 Gulf Stream Marine LLC is a stevedoring company that unloads cargo from water and land-based transportation. 28.94196, -95.34553 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 13:30:59 -04'00' Vince.Damiano@erg.com Phone (214) 665-8354 (214) 665-3166 (480) 450-6517 (703) 633-1732 Page 1 of 4 Gulf Stream Marine LLC Inspection Date: 06/26/2024 SECTION I - INTRODUCTION Site Entry and Purpose of the Inspection The Port Freeport Christi 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 Gulf Stream Marine LLC Inspection Date 06/26/24 Process Description Gulf Stream Marine LLC (GSM) is a stevedoring company that unloads cargo from water and land-based transportation. Cargo includes steel bars, rice, and bulk equipment for the oil industry. Area of Concern Yes Page 2 of 4 Gulf Stream Marine LLC SECTION II - OBSERVATIONS Inspection Date: 06/26/2024 Tenant: Gulf Stream Marine LLC Section: 2.1 Date: 06/26/24, 01:45 AM Contains AOC: Yes Contains CBI: No Lead Inspector: Vince Damiano Attendees: Urban Martinez (Operations Manager) GSM is located within Port Freeport and operates as a stevedore for multiple tenants within the port. GSM uses Port-owned cranes to unload and offload cargo for their clients while also operating their own fleet of forklifts and trucks to move the cargo within the port. GSM mostly handles steel bars, rice, and oil industry project cargo. GSM operates at Docks 3, 4, 5, 8, and 9. GSM does not maintain a MARPOL COA or have an EPA ID. Mr. Martinez explained they have a small maintenance area where they work on vehicles, and this is the only area where used oil and universal waste is generated. GSM does not generate any RCRA-regulated waste. The inspection team conducted a visual inspection of GSM's maintenance area. In a storage container near the maintenance area, the inspection team observed an unlabeled 275-gallon tote of used oil approximately full (see Appendix 1 - Photo 1) [AOC #1: GSM did not clearly label containers used to store used oil with the words "Used Oil." - 40 CFR 279.22 (c)(1)]. The inspection team also observed three half full 5-gallon containers of what appeared to be used oil; these containers also did not display a used oil label or marking (see Appendix 1 - Photo 2) (see AOC #1). Following the inspection, Mr. Martinez sent a follow-up email stating that these 5-gallon containers were holding hydraulic fluid that was pulled from a machine and would be placed back into the machine following repairs (see Appendix 2). Inside the same storage container, inspectors found two lead acid batteries covered in dust (see Appendix 1 - Photo 3). In a follow-up email, Mr. Martinez stated these were new batteries set aside and are not considered waste (see Appendix 2). The inspection team also noted oil stains on the gravel around the maintenance area; Mr. Martinez said these most likely accumulated from working on machines as the maintenance area is outside [AOC #2: GSM did not clean up and manage properly released used oil and other materials- 40 CFR 279.22(d)(3)]. The inspection team did not observe any other apparent AOCs at the time of the inspection. A closing conference was conducted at approximately 02:50 PM with GSM personnel. The AOCs were communicated during the closing. Following the inspection, Mr. Martinez sent a follow-up email on 6/27/24 stating the lead acid batteries and 5-gallon containers of oil were not waste, the used oil tote would be labeled once labels arrived, and that they have contacted a local environmental company to address the oil stains (see Appendix 2). Page 3 of 4 Gulf Stream Marine LLC SECTION III - RECORDS REVIEW Inspection Date: 06/26/2024 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: Gulf Stream Marine LLC AOC #1 - GSM did not clearly label containers used Citation: 40 CFR 279.22 (c)(1) to store used oil with the words "Used Oil." Section: 2.1 AOC #2 - GSM did not clean up and manage properly released used oil and other materials. Citation: 40 CFR 279.22(d)(3) 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. See Appendix 2. Communication Log During and after the inspection, additional information was emailed to EPA including: 1. 06/27/24 GSM email - Urban Martinez sent a follow-up addressing concerns found during the inspection. SECTION VI - LIST OF APPENDICES Appendix 1. Photograph Log Appendix 2. GSM 06/27/24 Response Page 4 of 4 APPENDIX 1. PHOTOGRAPH LOG UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Photo No. 1 Location: Gulf Stream Marine LLC City: Freeport County/Parish: Brazoria County State: Texas Photo File Name: DSCN7386 Date of Photo: 06/26/2024 Time of Photo: 14:32 hrs. (Camera timestamp set to EST) Photographer: Vince Damiano Description: A 275-gallon tote of used oil inside a Connex that ws approximately full and unlabeled. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Photo No. 2 Location: Gulf Stream Marine LLC City: Freeport County/Parish: Brazoria County State: Texas Photo File Name: DSCN7387 Date of Photo: 06/26/2024 Time of Photo: 14:33 hrs. (Camera timestamp set to EST) Photographer: Vince Damiano Description: Three 5-gallon buckets containing hydraulic oil that GSM said was removed from equipment that was under repair and would be reused. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Photo No. 3 Location: Gulf Stream Marine LLC City: Freeport County/Parish: Brazoria County State: Texas Photo File Name: DSCN7388 Date of Photo: 06/26/2024 Time of Photo: 14:35 hrs. (Camera timestamp set to EST) Photographer: Vince Damiano Description: Two lead-acid batteries that GMS stated were new and had been set aside for later use. APPENDIX 2. GSM 06/27/24 RESPONSE FW: Follow-up from EPA Inspection 6/26 Neil Rapp <Neil.Rapp@erg.com> Wed 7/31/2024 10:41 AM To:Vince Damiano <Vince.Damiano@erg.com> Regards, Neil Rapp, P.E. Senior Engineer Cell: 480-450-6517 neil.rapp@erg.com From: Urban Martinez <umartinez@gulfstreammarine.com> Sent: Thursday, June 27, 2024 12:31 PM To: Neil Rapp <Neil.Rapp@erg.com> Cc: Vince Damiano <Vince.Damiano@erg.com>; Young-Dahl, Erin <YoungDahl.Erin@epa.gov>; Pham, Elizabeth <Pham.Elizabeth@epa.gov>; Larry Gutierrez <larryg@gulfstreammarine.com>; Wojciech Rutkowski <wojciechr@gulfstreammarine.com>; Ricky Ramirez <rickyr@gulfstreammarine.com>; Marie-Andree Giguere <mgiguere@logistec.com> Subject: RE: Follow-up from EPA Inspection 6/26 Neil, CAUTION: Don't open links or attachments unless you recognize the sender and know they are safe. Thank you for your email. See below in red for immediate response and for action items to be completed in next couple weeks. ------------------------------------------------------------------------ Thank you for your assistance this afternoon. I am following up with a list of items and notes from our inspection today. We would like you to send us: Confirmation on whether or not GSM has an EPA Generator ID. - GSM does not have an EPA Generator ID as we do not generate any waste Confirmation on whether or not GSM has a MARPOL Certificate of Adequacy. - GSM does not have a MARPOL COA as we do not handle the types of vessels that would require it. Follow up on the two batteries in the Connex. Please let us know if they are new or used and, if they are used, then how long they have been stored in the Connex. - These batteries are new batteries they just were put off to the side and not used which accounts for the dust on them Pictures of any responses to the areas of concern we communicated to you today. - We have contacted a local environmental company to address the small hydrocarbon spots and dispose of the contaminated material. Please send the requested information to me and the persons copied on this email within two weeks. In addition, please see below a list of initial areas of concern that we noted today: Unlabeled containers (i.e., tote, 5-gallon buckets) of used oil (Labels being ordered, will send pictures upon completion. Please note that hydraulic fluid in 5 gallon buckets were pulled from a machine and is going back in machine upon completion of repairs) Potentially unlabeled used batteries - Not used batteries Oil stains on the ground in the maintenance area - As a corrective measure we have contacted a local environmental firm to address the small spots. As a preventative measure we have ordered steel plates under work areas to prevent future events. Thank you, Let me know if there are any questions or concerns. Urban A. Martinez Operations Manager | 504-214-9388 (cell) Gulf Stream Marine 575 Pete Schaff Blvd Freeport, TX 77541 www.gulfstreammarine.com From: Neil Rapp <Neil.Rapp@erg.com> Sent: Wednesday, June 26, 2024 3:52 PM To: Urban Martinez <umartinez@gulfstreammarine.com> Cc: Vince Damiano <Vince.Damiano@erg.com>; Young-Dahl, Erin <YoungDahl.Erin@epa.gov>; Pham, Elizabeth <Pham.Elizabeth@epa.gov> Subject: Follow-up from EPA Inspection 6/26 External Email: Use caution when opening links and attachments / Courriel externe: Soyez prudent avec les liens et documents joints Hi Urban, Thank you for your assistance this afternoon. I am following up with a list of items and notes from our inspection today. We would like you to send us: Confirmation on whether or not GSM has an EPA Generator ID. Confirmation on whether or not GSM has a MARPOL Certificate of Adequacy. Follow up on the two batteries in the Connex. Please let us know if they are new or used and, if they are used, then how long they have been stored in the Connex. Pictures of any responses to the areas of concern we communicated to you today. Please send the requested information to me and the persons copied on this email within two weeks. In addition, please see below a list of initial areas of concern that we noted today: Unlabeled containers (i.e., tote, 5-gallon buckets) of used oil Potentially unlabeled used batteries Oil stains on the ground in the maintenance area Thanks again for your time and please let us know if you have any questions or concerns. Regards, Neil Rapp, P.E. Senior Engineer Cell: 480-450-6517 neil.rapp@erg.com