Document OEm11MBRy3bjenVd5ke403Ov
TOXIC SUBSTANCES CONTROL ACT - POLYCHLORINATED BIPHENYL (PCB)
NEUTRAL SCHEME COMPLIANCE MONITORING INSPECTION REPORT
ECOFLO, Inc.
2750 Patterson Street Greensboro, North Carolina 27407
EPA ID #: NCD980842132
Report Prepared By:
Kris Lippert U.S. Environmental Protection Agency, Region 4 TSCA Enforcement Section Chemical Safety and Land Enforcement Branch Enforcement and Compliance Assurance Division 61 Forsyth Street, SW Atlanta, Georgia 30303 (404)562-8605 Lippert.kristin@epa.gov
Inspectors:
Kris Lippert (Lead) Nicolas Haddad Michelle Spiezio Nicholas Baylis
EPA Region 4, TSCA-PCB Inspector EPA Region 4, TSCA-PCB Inspector ERG - Contractor to the EPA ERG - Contractor to the EPA
Inspection Date:
August 17, 2021
ECOFLO, Inc. EPA Project ID: NCD980842132
Inspection Date: August 17, 2021 Page 1 of 13
I. Facility Information:
A. Facility Name: ECOFLO, Inc. B. EPA Project Identification: NCD980842132 C. Year Established: 1982 D. Number of employees: 45 including sales E. Is Facility Operating: Yes F. Size of Facility: 3 acres G. Type of Ownership: Private H. Last TSCA PCB Inspection: Unknown I. Nature of Business: Commercial hazardous waste treatment and storage facility and commercial
PCB storage facility J. Primary NAICS/SIC Code: 562111 and 562112 - Solid and Hazardous Waste Collection K. Site Latitude and Longitude: 36.058380, -79.838470 L. Parent Company Name & Address: ECOFLO Holding, Inc
Paul A. McAllister, Sole Owner
II. Date and Time of Inspection: August 17, 2021 at 10:00am
III. Inspection Participants:
A. U.S. Environmental Protection Agency: Kris Lippert, TSCA-PCB Lead Inspector; Nicolas Haddad, TSCA-PCB; Michelle Spiezio, ERG; and Nicholas Baylis, ERG
B. ECOFLO: Graeme Manning and Stuart Stapleton
IV. Responsible Facility Contact:
Graeme Manning Vice President Operations ECOFLO, Inc. 2750 Patterson Street Greensboro, North Carolina gmanning@ecoflo.com 336-617-2717 direct 336-517-9264 cell
27407
V. Inspection Objectives:
The inspection was conducted to ensure compliance with Section 15 of the Toxic Substances Control Act (TSCA), 15 U.S.C. 2614, the PCB regulations promulgated in 40 C.F.R Part 761 and the April 29, 2019, Commercial Storage PCB Approval.
VI. Credentials, Notice of Inspection, and TSCA Inspection Confidentiality Notice:
Graeme Manning signed the Notice of Inspection Form and the Confidentiality Notice.
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VII. Inspection Summary:
A. History:
ECOFLO is a TSCA-Approved PCB Storage facility under 40 C.F.R. 761.65 that also provides comprehensive waste management and industrials services. Specifically, ECOFLO is a commercial hazardous waste treatment and storage facility that conduct the following activities on-site: hazardous waste storage (container and roll-off storage), tanker loading and unloading, bulking/consolidation, blending, material mixing, filtering, physical treatment, acid neutralization, decanting, aerosols processing, and non-hazardous waste solidification. The facility originally received a Commercial PCB Storage Approval on December 10, 2002 and the current Approval became effective on April 29, 2019. ECOFLO is approved to store up to 3,520 gallons of PCBs.
ECOFLO owns and operates its own fleet of trucks, trailers, and tankers to provide local and long-distance transportation throughout the Southeastern United States. Although, the majority of vehicles used for transporting wastes to and from the facility are owned and operated by ECOFLO, the facility also occasionally uses outside common carriers for transportation needs.
Once waste is verified and received into the facility's receiving and staging area, ECOFLO creates a bar code label for each waste container. In addition to the bar code, the label includes a unique tracking number, a custom number, ECOFLO's EPA ID number, the storage start date, a physical description, the EPA waste codes, the volume, the designated treatment code, the destination information, the DOT shipping information, and a reference to the material characterization form and manifest.
B. Inspection:
At the time of the inspection, the PCB Storage Area (southeast section of the Compatibles Storage Area) had four (4) 5-gallon containers of PCB waste: Container Number 3006018 with ECOFLO Received Date 2/23/21; Container Number 3017927 with ECOFLO Received Date 3/31/21; Container Number 3056856 with ECOFLO Received Date 8/11/21; and Container Number 2565130 with ECOFLO Received Date 12/21/20.
All four (4) PCB containers were in good condition, closed, not leaking, and stored on a containment pallet. None of the four (4) containers had a removed from service date on the outside of the bucket. Container Numbers 3006018 and 2565130 did not have a PCB ML mark.
The PCB storage area had adequate aisle space, berms, concrete flooring with no visible cracks, walls, roof, and a PCB ML mark on one wall of the Compatibles Storage Area.
C. Records Review:
During the inspection, the inspectors reviewed the following: June 26, 2018, Renewal Application for PCB Commercial Storage Permit; October 28, 2018, PCB Closure Cost Update;
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PCB Annual Report for inbound and outbound manifest numbers for 2019 and 2020; Monthly PCB inspection logs for 2020 and 2021; and the current PCB waste inventory.
The below chart was provided by ECOFLO during the inspection which was their record of the current PCB waste inventory for the day of the inspection.
Container Number
3006018 3017927 3043899 3056856
Mandatory Out of Removal Date Service Date
11/10/21 2/8/21 12/25/21 3/25/21 03/16/22 6/14/21 03/09/22 6/7/21
Generator Ship Date
2/8/21 3/30/21 6/14/21 8/11/21
ECOFLO Received Date
2/23/21 3/31/21 6/28/21 8/11/21
Inbound Manifest Number
010128249JJK 001128097WAS 001155549WAS 001174410WAS
The contents of the 5-gallon container with Container Number 3043899 (laboratory vials) were reclassified as a flammable waste and not PCB waste prior to the day of the inspection, however this container was still on ECOFLO's current PCB waste inventory. The vials in Container Number 3043899 were consolidated with other flammable laboratory vials and placed in Container Number 3048290 and moved to the flammable storage area.
D. Potential Areas of Non-Compliance:
1. Failure to mark PCB Items with a date of removal from service for disposal
40 C.F.R. 761.65(c)(8) and ECOFLO's Approval Condition IV.F.2 & 3 require that PCB Items must be marked with the date when they are removed from service for disposal. At the time of the inspection, ECOFLO did not mark four (4) 5-gallon containers (Containers 3056856, 3006018, 2565130, and 3017927) with a removed from service date. ECOFLO also could not obtain a removed from service date from its records for Container 2565130 at the time of the inspection.
2. Failure to mark a PCB Items with the ML mark
40 C.F.R. 761.40 and ECOFLO's Approval Condition IV.F.2 require that PCB Items must be marked with an ML label in accordance with 761.45. At the time of the inspection, ECOFLO failed to mark two (2) PCB Containers (Containers 3006018 and 2565130) stored in the Approved PCB Storage Area with a PCB ML label.
3. Failure to have a complete and accurate inventory of PCB wastes
ECOFLO's Approval Condition III.H.1 requires ECOFLO to maintain inventory records onsite. At the time of the inspection, the PCB Containers stored in the on-site PCB Storage Area did not match the PCB inventory provided during the inspection. Container 3043899
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was determined before the day of the inspection to not contain PCBs and removed from the PCB Storage Area. Container 3043899 was still in ECOFLO's PCB Inventory at the time of the inspection. PCB Container 2565130 was being stored in ECOFLO's PCB Storage Area but was not in ECOFLO's PCB Inventory at the time of the inspection.
4. Failure to conduct adequate monthly PCB inspections
40 C.F.R. 761.65(c)(5) and ECOFLO's Approval Condition IV.J.1 require that all PCB Items in storage be checked at least once every 30 days and records of those inspections shall be maintained in accordance with 761.180(a) and (b). ECOFLO did not adequately inspect and/or document the monthly inspections of PCB Items stored in the on-site Approved PCB Storage Area. The PCB Containers stored on-site during the inspection did not match the PCB inventory provided during the inspection. Container 3043899 was determined before the day of the inspection to not contain PCBs and removed from the PCB Storage Area. Container 3043899 was still in ECOFLO's PCB Inventory at the time of the inspection. PCB Container 2565130 was being stored in ECOFLO's PCB Storage Area but was not in ECOFLO's PCB Inventory at the time of the inspection. Additionally, two (2) PCB Containers were being stored in ECOFLO's PCB Storage Area without PCB ML marks on the outside of the container. ECOFLO's Approval specifically requires that container labeling must be inspected. Monthly inspections should verify that the PCB wastes stored in the PCB Storage Area are consistent with the current PCB Inventory records. ECOFLO's most recent monthly inspection of the PCB Storage Area conducted on July 30, 2021, indicated that the labeling of the containers were in order and that the following containers were in the PCB Storage Area: seventeen (17) 5-gallon pails, one (1) 12-gallon fiber drum (df), one (1) 30-gallon fiber box (cf), and three (3) 5-gallon metal drums (dm). ECOFLO incorrectly documents both PCB containers and non-PCB containers on the Monthly PCB Inspection Log.
E. Other Issues, Concerns, or Recommendations:
The EPA recommends that ECOFLO review the requirements of personnel training found in the PCB storage Approval Condition III.D. ECOFLO trains all employees on-site at least monthly in all aspects of waste management, but the facility needs to be able to document the PCB training given to new employees in accordance with the PCB storage Approval.
The EPA would like to remind the facility to review 40 C.F.R. 761.65 (a)(1), 761.65(c)(8) and ECOFLO's Approval Condition IV.F.4 that require all PCBs and PCB Items to be dated with a removed from service date determined by the generator and disposed of within 1-year after they are taken out of service.
VIII. Index of Attachments
A. Notice of Inspection and TSCA Inspection Confidentiality Notice B. Photographs
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IX. Report Approval
Report - Primary Author
Digitally signed by KRISTIN LIPPERT Date: 2021.09.01 21:43:22 -04'00'
Kris Lippert Lead TSCA - PCB Inspector U.S. EPA Region 4 TSCA Enforcement Section
Date
Report - Approver
FORREST
Digitally signed by FORREST COVINGTON
COVINGTON 08:17:17 -04'00' Date: 2021.09.02
F. Bryce Covington
Date
Chief
TSCA Enforcement Section
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Photographs
Photo 1: View of the sign outside of ECOFLO's facility.
Photo 2: View of ECOFLO's facility from the street.
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Photo 3: View of 4 PCB 5-gallon containers on a containment pallet in the PCB Storage Area.
Photo 4: A closer view of the 4 PCB 5-gallon containers in Photo 3. Two containers had PCB ML marks on the outside of the containers and 2 containers did not. None of the PCB containers had a removed from service date.
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Photo 5: A view of the top label on PCB Container 3056856. The date on the container is the date ECOFLO received the container. There is no removed from service date on the container. Container 3056856 had a PCB ML mark on the outside of the container.
Photo 6: View of PCB Container 3006018. Container 3006018 did not have a PCB ML label on the outside of the container. There is no removed from service date on the container only a date ECOFLO received the container.
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Photo 7: A view of the top label on PCB Container 3017927. The date on the container is the date ECOFLO received the container. There is no removed from service date on the container. Container 3017927 had a PCB ML mark on the outside of the container.
Photo 8: View of PCB Container 2565130 with a handwritten "PCBs" marking on the side of the container. Container 2565130 did not have a PCB ML label on the outside of the container. There is no removed from service date on the container only a date ECOFLO received the container. PCB Container 2565130 was not in ECOFLO's PCB Inventory.
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Photo 9: View of the Approved PCB Storage Area from main corridor in warehouse. Four PCB containers are located in the center of the photo to left of blue drums.
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