Document Nkb4xbG1jN9DG8GgeEgVZOoR

Inspection Entry Date/Time Inspection Exit Date/Time Regulatory Program Type of Inspection EPA REGION 6 Enforcement Division INSPECTION REPORT 07/16/2024 09:30 (CT) 07/16/2024 11:55 (CT) Announced: No (tenants and related facilities) 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 Ports America Louisiana LLC LAR000084319 5901 Terminal Dr. New Orleans, LA 70115 Orleans Parish Very Small Quantity Generator (VSQG) 488320 Ports America Corporation serves as stevedores loading and unloading cargo from vessels. 29.99935, -90.01752 Additional Persons Participating in Inspection: Name Title Organization Dedriel Gardner Inspector EPA REGION 6 Joe Watson Contractor Eastern Research Group (ERG) Email Gardner.Dedriel@epa.gov Joe.Watson@erg.com Phone (281) 983-2133 (215) 891-6615 Lead Inspector: Vince Damiano Vincent Damiano ERG Digitally signed by Vincent Damiano Date: 2024.10.03 10:26:11 -04'00' Vince.Damiano@erg.com (703) 835-6281 Page 1 of 4 Ports America Louisiana LLC Inspection Date: 07/16/2024 SECTION I - INTRODUCTION Site Entry and Purpose of the Inspection The Port of New Orleans 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 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 Name Vince Damiano Phone Email (703) 835-6281 Vince.Damiano@erg.com Opening Conf. Yes Closing Conf. Yes Joe Watson (215) 891-6615 Joe.Watson@erg.com Yes Yes Dedriel Gardner (281) 983-2133 Gardner.Dedriel@epa.gov Yes Yes Facility General Description Tenant/Area Ports America Louisiana LLC Inspection Date 07/16/24 Process Description Ports America Louisiana LLC (Ports America) operates as a stevedore loading and unloading cargo from vessels. The company operates under the Port of New Orleans MARPOL COA. Ports America does not remove any waste from ships. Area of Concern Yes Page 2 of 4 Ports America Louisiana LLC Inspection Date: 07/16/2024 SECTION II - OBSERVATIONS Tenant: Ports America Louisiana LLC Section: 2.1 Date: 07/16/24, 09:30 AM Contains AOC: Yes Contains CBI: No Lead Inspector: Vince Damiano Attendees: Kelli Hardesty (ESH Manager), Chip Raymond (Ops Manager), Stephen Cabal (Site Manager), Anita Dargan (Ops Manager), Chaz Sutton (Site Manager) Ports America is located in the Port of New Orleans and operates as a stevedore, loading and unloading cargo from vessels. The cargo Ports America handles mainly consists of cargo containers, break bulk, lumber, steel, and piping. Ports America operates on docks Nashville A, Nashville B, Open Wharf, and Louisiana Avenue. Ports America operates under the Port of New Orleans MARPOL COA. Ms. Hardesty stated Ports America will sometimes remove general trash from domestic ships and place it in a roll off container onsite to be picked up by the local waste disposal company Waste Pro. Ports America is registered with the EPA as a VSQG (LAR000084319). Ms. Hardesty explained to the inspection team the main hazardous waste Ports America generates is waste paint from aerosol cans. The inspection team inquired about how they determine if there is ever hazardous waste inside the cargo containers they are offloading from vessels and storing in their yard. Ports America explained they may not be aware if hazardous waste is inside the cargo containers because the commodity is not always listed on the shipment booking. They explained all containers holding hazardous materials are marked in their booking system, and if the contents do not match the booking, the container is rejected. Ms. Dargan, an Operation Manager with over 40 years of experience, was not aware of Ports America ever receiving hazardous waste; this statement is based on her knowledge and support of every distribution line in Ports America; stating she has not received a notification from any customer for shipments of hazardous waste. Following the opening conference, the inspection team conducted a visual inspection of the facility maintenance area, Nashville A dock space, and Nashville A warehouse. The maintenance area, where their trucks and forklifts are repaired, is located inside a section of the Nashville A warehouse. The inspection team observed a pallet of approximately 30 used lead-acid batteries (see Appendix 1 - Photo 1). The batteries were not labeled as universal waste, and when Ports America was asked if they knew the accumulation start date, they were not sure but mentioned that a vendor swaps the batteries out several times throughout the year. However, the facility stated that they are managing the lead-acid batteries as universal waste. [ AOC #1 - Ports America did not label batteries being managed as universal waste properly or store the batteries in a properly labeled container - 40 CFR 273.14(a)]. The inspection team also observed a half-full 275-gallon tote of antifreeze being managed as a universal waste. The container was properly marked with the words "Universal Waste" and "Antifreeze" (see Appendix 1 - Photo 2). At the time of the inspection, Ports America was unable to provide the inspection team with a certain accumulation start date for the antifreeze [ AOC #2 - Ports America could not demonstrate the length of time that they had accumulated antifreeze being managed as universal waste onsite - L.A.C. 33: V.3825]. A closing conference was conducted at approximately 11:55 AM with Ports America personnel. The AOCs were communicated during the closing; however, further EPA review may change or add to their potential AOCs. Following the inspection, Ms. Hardesty provided the inspection team with receipts of universal waste Page 3 of 4 Ports America Louisiana LLC Inspection Date: 07/16/2024 batteries being shipped off site on 7/15 and 7/17, an accumulation start date of the antifreeze, a photo of the new storage area for used batteries with labeling, and photos of the antifreeze tote labeled with an accumulation start date (see Appendix 2). 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: Ports America Louisiana LLC AOC #1 - Ports America did not label batteries being Citation: 40 CFR 273.14(a) managed as universal waste properly or store the batteries in a properly labeled container. Section: 2.1 AOC #2 - Ports America could not demonstrate the length of time that they had accumulated antifreeze being managed as universal waste onsite. Citation: L.A.C. 33: V.3825 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. 07/24/24 Ports America email - Kelli Hardesty responded to the AOCs found including photographs of labels added to the antifreeze and used batteries, and receipts of shipments of used batteries. SECTION VI - LIST OF APPENDICES Appendix 1. Photograph Log Appendix 2. Ports America Follow-Up Response and Photos Page 4 of 4 APPENDIX 1. PHOTOGRAPH LOG UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Location: Ports America City: New Orleans Photo No. 1 County/Parish: Orleans State: Louisiana Photo File Name: DSCN6705 Date of Photo: 07/16/2024 Time of Photo: 11:08 hrs. Photographer: Vince Damiano Description: View of approximately 30 unlabeled universal waste batteries in maintenance area. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Location: Ports America City: New Orleans Photo No. 2 County/Parish: Orleans State: Louisiana Photo File Name: DSCN7385 Date of Photo: 07/16/2024 Time of Photo: 11:17 hrs. Photographer: Vince Damiano Description: View of antifreeze tote inside maintenance area. No accumulation start date was visible. APPENDIX 2. PORTS AMERICA FOLLOW-UP RESPONSE AND PHOTOS Appendix 2 Page 1 of 8 Appendix 2 Page 2 of 8 Appendix 2 Page 3 of 8 Appendix 2 Page 4 of 8 Appendix 2 Page 5 of 8 Appendix 2 Page 6 of 8 Appendix 2 Page 7 of 8 Appendix 2 Page 8 of 8