Document Qk0b5Yp26eyBDzm2aj1xJy7g8

RCRA Inspection Report 1) Inspector and Author of Report Daryl R. Himes RCRA Enforcement Section Chemical Safety and Land Enforcement Branch Enforcement and Compliance Assurance Division U.S. Environmental Protection Agency, Region 4 61 Forsyth Street, S.W. (404) 562-8614 Atlanta, Georgia 30303 himes.daryl@epa.gov 2) Facility Information Physical Address Loveland Products 917 Platte Road Clarksdale, Mississippi 38703 3) Responsible Official Joseph S. Lee Plant Manager 4) Inspection Participants Daryl R. Himes, US EPA William Ryder, MDEQ Joseph S. Lee, Loveland Products Jonathan Toler, Loveland Products Mi'Shayla Johnson, Loveland Products 5) Date and Time of Inspection October 26, 2021 9:00 a.m. 6) Applicable Regulations Mississippi Code of 1972, Miss. Code Ann. 17-17-1 et seq. [Resource Conservation and Recovery Act (RCRA) Sections 3002, 3004, 3005, 3007 and 3008, (42 U.S.C. 6922, 6924, 6925, 6927 and 6928)] and the Mississippi Department of Environmental Quality, Office of Pollution Control, Mississippi Hazardous Waste Management Regulations (MHWMR), 11 Miss. Admin. Code Pt. 3, R. 1.1-1.24, which adopts and incorporates by reference 40 C.F.R. Parts 260270, 273, and 279 [40 Code of Federal Regulations (C.F.R.) Parts 260-270, 273, and 279]. As the State's authorized hazardous waste program operates in lieu of the federal RCRA program, the citations of those authorized provisions alleged herein will be to the authorized State program; however, for ease of reference, the federal citations will follow in brackets. 7) Purpose of Inspection The purpose of this inspection was to conduct an announced compliance evaluation inspection to determine Loveland's compliance with the applicable requirements of RCRA and the corresponding MDEQ regulations. This was an EPA lead inspection. 8) Previous Inspection History The last RCRA compliance evaluation inspection was performed at the facility on September 13, 2017 by MDEQ personnel. No violations were observed. 9) Facility Description The Loveland Products facility is located at 917 Platte Road in Greenville, Mississippi. Loveland Products, previously Platte Chemical, has been at this location for over 40 years. The facility is located on an 18-acre site with several buildings including a main office building, lab building, several warehouses and production buildings. Loveland Products, owned by Nutrien, manufactures various herbicides at this facility which are sold by various Nutrien facilities. 10) Opening Conference On October 26, 2021, EPA inspector Daryl Himes, accompanied by William Ryder of MDEQ, arrived at Loveland Products at approximately 9:00 a.m. Mi'Shayla Johnson, the facility's Safety, Health and Environmental (SHE) Advisor, immediately received the inspectors. Ms. Johnson and the inspectors were joined by Joseph Lee, Plant Manager and Jonathan Toler, Quality Assurance Manager for the opening conference. The inspectors introduced themselves, showed their credentials, and explained the purpose of the visit. The inspectors described the anticipated use of their digital camera during the inspection and provided a request for records. Joseph Lee and Jonathan Toler provided an overview of the facility's history and current operations during the opening conference. A description of the facility's processes was given as described in the facility description section above. Herbicides are not chemically manufactured at this facility. Herbicides manufactured off-site are formulated at this facility. None of the herbicides managed at the facility are P-listed hazardous wastes if they were to be disposed of as wastes. Hazardous wastes are generated at the facility in a quality control laboratory which result from testing performed using ignitable solvents and from within a production building which is used seasonally to formulate the herbicide "Ethephon." Phosphoric acid, used in the formulation of this herbicide, periodically results in the generation of corrosive characteristic hazardous waste (D002) when spills or mis-formulated batches of this herbicide are made. The company does not appear to meet the Small Business Regulatory Enforcement Fairness Act's classification of a "small business," which is generally set by the Small Business Administration using the business' SIC/NAICS code and annual receipts or number of employees. Therefore, the EPA inspector did not provide a copy of the agency's information EPA-RCRA CEI Report Loveland Products EPA ID# MSD066106923 October 26, 2021 Page 2 of 15 sheet for small businesses, which can be found at https://www.epa.gov/sites/production/files/2017-06/documents/smallbusinessinfo.pdf. A walk-through inspection of the facility was then performed, and the results of this walkthrough are described in the findings below. 11) Findings Laboratory The facilities laboratory is separated into several areas. The areas are equipped with gas chromatographs (GCs), liquid chromatographs (LCs), gas chromatograph mass spectrometers(GC-MS) and liquid chromatograph mass spectrometers (LC-MS) to perform qualitative analysis on the facility's products. Within a "Wet Lab Area," ignitable hazardous wastes were generated in a three-gallon container (Photos 1 & 2) in a satellite accumulation area (SAA). At the time of the inspection, the container was closed and labeled with the words "Hazardous Waste." The container was not labeled with an indication of the hazard contents of the container. Pursuant to 11 Miss. Admin. Code Pt. 3, R. 1.3 [40 C.F.R. 262.15(a)], a generator may accumulate as much as 55 gallons of non-acute hazardous waste in containers at or near the point of generation where wastes initially accumulate, which is under the control of the operator of the process generating the waste, without a permit or without having interim status, as required by Section 17-17-27(4) of the Mississippi Code of 1972, Miss. Code Ann. 17-17-27(4) [Section 3005 of RCRA, 42 U.S.C. 6925], and without complying with 11 Miss. Admin. Code Pt. 3, R. 1.3 [40 C.F.R. 262.16(b) or 262.17(a)], except as required in 11 Miss. Admin. Code Pt. 3, R. 1.3 [40 C.F.R. 262.15(a)(7) and (8)], provided that the generator complies with the satellite accumulation area conditions listed in 11 Miss. Admin. Code Pt. 3, R. 1.3 [40 C.F.R. 262.15(a)] (hereinafter referred to as the "SAA Permit Exemption"). Pursuant to 11 Miss. Admin. Code Pt. 3, R. 1.3 [40 C.F.R. 262.15(a)(5)(ii)], which is a condition of the SAA Permit Exemption, a generator is required to mark or label its containers (ii) with an indication of the hazards of the contents. Within a LC Room in the Laboratory Building, hazardous waste was being generated in a twogallon container within a SAA (Photo 3). At the time of the inspection, the container was closed and labeled with the words "Hazardous Waste." The container was not labeled with an indication of the hazard contents of the container. Pursuant to 11 Miss. Admin. Code Pt. 3, R. 1.3 [40 C.F.R. 262.15(a)(5)(ii)], which is a condition of the SAA Permit Exemption, a generator is required to mark or label its containers (ii) with an indication of the hazards of the contents. EPA-RCRA CEI Report Loveland Products EPA ID# MSD066106923 October 26, 2021 Page 3 of 15 Within a near infrared light room in the Laboratory Building, hazardous waste vials containing isopropyl alcohol were being generated in a thirty-gallon plastic container within a SAA (Photo 4). At the time of the inspection, the container was closed and labeled with the words "Hazardous Waste." The container was not labeled with an indication of the hazard contents of the container. Pursuant to 11 Miss. Admin. Code Pt. 3, R. 1.3 [40 C.F.R. 262.15(a)(5)(ii)], which is a condition of the SAA Permit Exemption, a generator is required to mark or label its containers (ii) with an indication of the hazards of the contents. Ethephon Production Unit This area utilizes two 8,000-gallon tanks and one 4,000-gallon tank (Photo 5) for the formulation of various herbicides which include Ethephon. At the time of the inspection, Ethephon production had ceased since approximately mid-September. No hazardous waste was observed in this area at the time of the inspection. As discussed above, when Ethephon is being formulated in this area, corrosive characteristic hazardous waste (D002) may be generated when spills or misformulated batches of this herbicide are produced. Warehouse One - 90-day Accumulation Area A caged area measuring approximately twelve feet by thirty feet within the Warehouse One building was used for the facility's 90-day hazardous waste accumulation area (Photos 6 and 7). At the time of the inspection, three 250-gallon caged plastic totes of D002 hazardous waste from the Ethephon Production Unit were observed in this area. Each of the three containers were closed, labeled with the words "Hazardous Waste," accumulation start dates within September of 2021 and corrosive placards. Warehouse One - Universal Waste Area A separate caged area in this warehouse contained the facility's universal wastes. Universal waste bulbs were observed in three 8-foot boxes, three 4-foot boxes and one 55-gallon container. Universal waste batteries were observed within one 25-gallon container and two 5-gallon containers. Universal waste ballasts were observed within on 55-gallon container. Each of the containers were closed, labeled with appropriate universal waste language and marked with accumulation start dates of less than one year (Photos 8 and 9). Record Review A review of the facility's records was performed following the walk-through inspection. A review of the facility's contingency plan which had been updated in the past year did not include a quick reference guide. Pursuant to 11 Miss. Admin. Code Pt. 3, R. 1.1 [40 C.F.R. 262.17(a)(6)], which incorporates 11 Miss. Admin. Code Pt. 3, R. 1.1 [40 C.F.R. 262.262(b)], and is a condition EPA-RCRA CEI Report Loveland Products EPA ID# MSD066106923 October 26, 2021 Page 4 of 15 of the LQG Permit Exemption, A large quantity generator that first becomes subject to these provisions after May 30, 2017 or a large quantity generator that is otherwise amending its contingency plan must at that time submit a quick reference guide of the contingency plan to the local emergency responders identified at paragraph (a) of this section or, as appropriate, the Local Emergency Planning Committee. Training records for Jonathan Toler and Kenneth Thomas were reviewed at the time of the inspection. No discrepancies were observed. The inspectors reviewed available hazardous waste manifest records and land disposal restriction forms for shipments of hazardous waste sent since October 2018. No discrepancies were observed from a review of the manifests. A review of the facilities inspection records for the 90-day hazardous waste accumulation area did not find any discrepancies. Closing Conference At the conclusion of the walkthrough inspection and record review, a brief closing conference was conducted with each of the facility participants identified above. During the conference, the areas of concern identified during facility walkthrough and also during the record review were identified and discussed. Facility representatives were informed that reports summarizing findings of the inspection would be forwarded to the facility representative by both the US EPA and MS DEQ. 12) Signed DARYL HIMES Date: 2021.11.22 20:23:53 -05'00' Digitally signed by DARYL HIMES Daryl R. Himes Environmental Engineer Date Concurrence ARACELI CHAVEZ Digitally signed by ARACELI CHAVEZ Date: 2021.11.30 23:11:04 -05'00' Araceli B. Chavez Chief RCRA Enforcement Section Date EPA-RCRA CEI Report Loveland Products EPA ID# MSD066106923 October 26, 2021 Page 5 of 15 ATTACHMENT A Loveland Products Greenville, Mississippi COMPLIANCE EVALUATION Inspection MSR000005033 October 26, 2021 Photos taken by Daryl R. Himes Photos taken with Canon Power Shot Elph 360 HS EPA-RCRA CEI Report Loveland Products EPA ID# MSD066106923 October 26, 2021 Page 6 of 15 Photo 1 - Label on 3-gallon container in Wet Lab Area EPA-RCRA CEI Report Loveland Products EPA ID# MSD066106923 October 26, 2021 Page 7 of 15 Photo 2 -Work table in Wet Lab Area where 3-gallon container was observed. EPA-RCRA CEI Report Loveland Products EPA ID# MSD066106923 October 26, 2021 Page 8 of 15 Photo 3 -Work table in LC Area where 2-gallon container was observed. EPA-RCRA CEI Report Loveland Products EPA ID# MSD066106923 October 26, 2021 Page 9 of 15 Photo 4 -30-gallon container in Infrared Light Room used to collect waste glass vials containing isopropyl alcohol. EPA-RCRA CEI Report Loveland Products EPA ID# MSD066106923 October 26, 2021 Page 10 of 15 Photo 5 - Ethephon Production Unit Area EPA-RCRA CEI Report Loveland Products EPA ID# MSD066106923 October 26, 2021 Page 11 of 15 Photo 6 - Totes of D002 corrosive hazardous waste from the Ethephon area located in the facility's 90day accumulation area within Warehouse One. EPA-RCRA CEI Report Loveland Products EPA ID# MSD066106923 October 26, 2021 Page 12 of 15 Photo 7 - Totes of D002 corrosive hazardous waste from the Ethephon area located in the facility's 90day accumulation area within Warehouse One. EPA-RCRA CEI Report Loveland Products EPA ID# MSD066106923 October 26, 2021 Page 13 of 15 Photo 8 - Universal Waste Bulbs in Warehouse One EPA-RCRA CEI Report Loveland Products EPA ID# MSD066106923 October 26, 2021 Page 14 of 15 Photo 9 - Universal Waste Batteries in Warehouse One EPA-RCRA CEI Report Loveland Products EPA ID# MSD066106923 October 26, 2021 Page 15 of 15