Document RYN4Yg83V3RkDnMyp6vjjj6a

REPORT OF RCRA COMPLIANCE EVALUATION INSPECTION At BLAIN'S FARM & FLEET OF DAVENPORT 8535 Northwest Blvd Davenport, Iowa 52806 563-391-4847 Installation Phone Number 608-758-5174 Site Contact Number EPA ID Number IAD981697709 On August 30, 2022 By U.S. ENVIRONMENTAL PROTECTION AGENCY Region VII Enforcement and Compliance Assurance Division 1.0 INTRODUCTION At the request of the Enforcement and Compliance Assurance Division (ECAD), I performed a Resource Conservation and Recovery Act (RCRA) compliance evaluation inspection (CEI) at Blain's Farm & Fleet, 8535 Northwest Blvd., Davenport, Iowa. The inspection was conducted on August 30, 2022. The CEI was conducted under the authority of RCRA Section 3007(a), as amended. During the inspection, I collected the information and data necessary to determine compliance with the applicable regulatory and statutory requirements. This report and attachments present the results of the CEI. Based on the information obtained during the inspection, I inspected this facility as a very small quantity generator (VSQG) of known hazardous waste (HW), a small quantity handler of universal waste (SQHUW) lamps and batteries, and a generator of used oil. According to the U.S. Environmental Protection Agency (EPA) RCRAInfo database, the facility had not been previously inspected by the EPA. 2.0 PARTICIPANTS Blain's Farm & Fleet: Melissa Miritz, Environmental Health & Safety Manager (1 year with company), mmiritz@blainsupply.com (located in Janesville, Wisconsin) Mary Larson, Assistant Store Manager (4 months with company) Kent Beyer, Assistant Store Manager (4 years with company) Darcy Gertz, Inventory Control Clerk (40 years with company) Adam Clark, Tech 3 -Automotive Service Center (15 years with company) EPA: Mark Holcomb, Civil Investigator/Inspector (SEE) 3.0 INSPECTION PROCEDURES On August 30, 2022, I arrived unannounced at the facility at about 0930 hours. Initially I conducted a visual reconnaissance of the facility searching for areas of concern observable from the adjacent public roadways and parking lots. This facility is a typical large retailer style building with an attached automotive service center. I identified no environmental issues or concerns during this preliminary examination. Inside the facility, I asked to speak with the store manager. I was told that the store manager was not available, but I was put in contact with Mary Larson, the Assistant Store Manager on duty that day. The site contact listed on the EPA Site Verification Form, which was last updated in 1994, was no longer with the company. Ms. Larson contacted their current corporate Environmental Health and Safety Manager, located in Janesville, Wisconsin, Melissa Miritz, via phone. Ms. Larson escorted me to the manager's office. Ms. Larson stated that she had only been with the company for about 4 months. Ms. Larson told me there were currently no specific COVID-19 visitor requirements and the safety personal protective equipment (PPE) requirements at this facility were eye protection in the service center. At the opening conference, I again introduced myself and presented my EPA ID and credentials. I explained the purpose and procedures of the inspection. I presented Ms. Larson with a copy of RCRA Section 3007(a), which provides inspection authority. I explained my need to collect accurate information and presented her with a copy of Title 18 U.S. Code, Sections 1001 and 1002. I made her aware of the facility's confidentiality rights and informed her that a Confidentiality Notice would be provided at the end of the inspection to make a confidentiality claim if she so desired. The RCRA inspection consisted of a discussion of facility operations, waste generation, and waste management; a visual inspection of active waste generation and management areas; and a review of waste management records. Ms. Larson was present throughout the entire inspection including the opening, document review, visual inspection, and closing conference. Kent Beyer, another Assistant Store Manager, arrived about an hour into my visit. Mr. Beyer stated that he had been with the store for about four years. Mr. Beyer was present for most of the document review, visual inspection, and closing conference. Ms. Miritz, the EHS Manager, was available via phone for parts of the opening and during the closing conference. I conducted a visual inspection of the following: x Warehouse - hazardous waste bin area x Automotive Service Center x Inventory Desk See Attachment #1 for the aerial/map views of the facility and a facility diagram. Document Photocopies and Photographs were collected as inspection documentation (see Attachments #1-7 and Photos 1-19). The photo log is included in Attachment #2. Information collected during the inspection is documented on an Entry/Exit checklist, the hazardous waste compliance checklists and in a notebook. I reviewed documents including the following: Safety 2 Data Sheets (SDS); bills of lading; certificates of recycling; waste profiles; manifests; contingency plan; and staff training records when appropriate. On the afternoon of August 30, 2022, I held a closing conference. Participants included Ms. Larson, Mr. Beyer, and Ms. Miritz (via phone). I provided Mr. Beyer with a Receipt for Documents (see Attachment #3) and a Confidentiality Notice (CBI) (see Attachment #4), which was signed as acknowledgement of receipt. Note: the CBI form was faxed to their corporate office and signed by Clay Hammes and returned via fax. No claim of confidential business information was made. I summarized my findings and recommendations and provided Mr. Beyer and Ms. Larson with a Notice of Preliminary Findings (NOPF), which was signed to acknowledge receipt (see Attachment #5). I provided inspection and compliance assistance documents to Ms. Larson, Mr. Beyer, and Ms. Miritz during the inspection, some as paper versions and some in electronic PDF via email, that included the following: x RCRA Section 3007(a) x Title 18 U.S. Code, Sections 1001 and 1002 x Confidentiality Notice (Top page of the completed carbonless transfer set) x Notice Regarding Proprietary/Confidential Business Information Submitted to or Collected by EPA In Connection with Inspections Receipt for Documents and Samples x Notice of Preliminary Findings (NOPF) with Instructions for Responding on back of form (top page of the completed carbonless transfer set) x Instructions for Responding to a Notice of Preliminary Finding (NOPF) (EPA Handout) x U.S. EPA Small Business Resource Information Sheet (EPA Handout) x Solvent-Contaminated Wipes Final Rule Chart (EPA Handout) x Recycling Electronics (IDNR Handout) x Lead-Based Paint Activities (IDNR Handout) x Excluded Solvent-Contaminated Wipe Rule (IDNR Handout) x Battery Recycling/Disposal (IDNR Handout) x Management of Fluorescent Lamps for Businesses (IDNR Handout) x Incompatible Chemicals (IDNR Handout) x Universal Wastes Including Aerosol Cans (IDNR Handout) x TCLP Waste Determination Testing (IDNR Handout) x Industry Sector Notebooks (EPA Handout) x Environmental Compliance Assistance Centers (EPA Handout) x e-Manifest Fact Sheet (EPA Handout) x RCRA Online A Quick Reference Guide (EPA Handout) x Requirements for Used Oil Management Standards (EPA Handout) x Emergency Response Program (EPA Handout) x Commercial Motor Vehicle Transportation System Security & Safety x Security Awareness (EPA Handout) x Chemical Facility Anti-Terrorism Standards (Homeland Security Handout) x Iowa Life/Changing Iowa Department of Economic Development - Iowa Environmental Guide for Business 3 I followed the inspection procedures detailed in the RCRA CEI Standard Operating Procedure (SOP) 2321.01D, unless noted otherwise. 4.0 FINDINGS AND OBSERVATIONS 4.1 Facility Information and Operations Ms. Larson stated that Blain's Farm & Fleet is a privately family-owned general discount department store with 43 stores locations in Wisconsin, Illinois, Iowa, and Michigan. The Davenport store has been in business for 50 years. This store has about 70 employees and is open seven days per week, 12 hours per day. The Davenport store is about 70,000 square feet with an attached 8000 square foot auto service center. The auto service center primarily does basic oil changes, and battery replacements. See Attachment #1 for the facility aerial view/map location and facility diagram. 4.2 Facility RCRA Status RCRAInfo listed no previous RCRA compliance inspections for Blain's Farm & Fleet. According to the RCRAInfo Notification Acknowledgement/Verification Report, Blain's Farm & Fleet last notified as a Large Quantity Generator (LQG) on 2/23/1994. I verified the Notification Acknowledgement/Verification form with Ms. Larson with several changes made (see Attachment #6), including adding "Blain's" to the name, and updating the site contact info and decreasing the generator size from LQG to VSQG. The RCRAInfo Notification Acknowledgement/ Verification form report did not list any waste codes. Blain's Farm & Fleet appears to be a very small quantity generator (VSQG) of hazardous waste (less than 100 kg or 220 lbs. of non-acute hazardous waste generated per month), based on the facility's hazardous waste generation rate at the time of the inspection. In addition, Blain's Farm & Fleet appears to be a small quantity handler of universal waste batteries, and a used oil generator. 4.3 Facility Waste Streams and Management Ms. Larson stated that the generation of the waste streams below vary somewhat from month to month. The following waste streams are managed by Blain's Farm & Fleet: Various Hazardous Wastes - a large variety of hazardous wastes are generated in small quantities as part of Blain's Farm & Fleet's damaged material processing program provided by their hazardous waste vendor, Clean Earth. Darcey Gertz, the Inventory Control Clerk, stated that damaged product containers are brought by store staff to the "Inventory Desk" (see Photo 18) located in the Warehouse area next to the hazardous materials "Haz Mat" area (see Photos 1-7). Damaged containers are placed in plastic bags. The Haz Mat area is directly behind the wall from the Inventory Desk, about a 15-foot total distance. Photo 1 shows the modular 10-gallon plastic bins that are used to sort the damaged products. The sorting bins were setup by the environmental company Clean Earth. The hazardous waste sorting process is outlined in the wall poster in Photo 19. Ms. Larson stated that Clean Earth comes once every four months (3 times per year) and packs up and transports the contents of the bins. This area functions as satellite accumulation area (SAA) containers. All were closed and in good 4 condition. Each bin had detailed labels (see Photo 1-6) that includes the words "Hazardous Waste" and the nature of the contents. Photo 7 shows the current log page from the logbook that is kept nearby (see Photo 2). The current logbook page shows all items logged into the Clean Earth bin sorting system over the last 2 months including the item weight, product name, and which bin it was placed in. A quick audit of this page indicates a total weight of 176 oz, or 11 lbs., accumulated over the last 2 months, or roughly four lbs. per month. During the visual inspection, I observed the details of bin contents (see Photos 1-6): x Top left bin contains personal protective equipment (PPE) for handling hazardous materials. x Top right is an empty bin. x Bottom left label states: "CA Hazardous Waste, Corrosive acidic". x Bottom right: "AF Hazardous Waste Aerosols, Flammables, Ignitables". The bottom four bins. x Top left: "OX Hazardous Waste Oxidizers". x Top right: "CB Hazardous Waste Corrosive Bases". x Bottom left: "TX Hazardous Waste Toxins and State Regulated". x Bottom right: "UW Hazardous Waste Universal Waste - Batteries". Photos 5 & 6 are close ups of the lower-level bottom right bin. The label states: "Hazardous Waste Universal Waste - batteries, electronics, fluorescent lamps". On close examination inside of this bin, I did note only two AA alkaline batteries stuck to the bottom. It appears batteries may have leaked in the past leaving a gummy residue. The accumulation start dates of the universal waste, though not tracked on the bin labels, are tracked in the logbook. I did not observe any spent fluorescent lamps in this facility. A review of the eManifests over the last three years showed the most recent manifest to be from x May 17, 2022, which indicated a total of 18 pounds of hazardous materials shipped, with details: o UN1950 Waste Aerosols, 13 pounds, with waste codes D001, and D035 o UN3266 Waste Corrosive Liquid, two pounds, with waste code D002 Onsite this was generated by damaged product containers and sorted into the hazardous material bins as explained above. The manifest indicates they were shipped by Clean Earth Specialty Waste Solution to Solvent Recovery, LLC in Kansas City, Missouri. The off-site treatment codes included H141 (storage and transfer), and H061 (fuel blending prior to energy recovery). x Previous eManifests (with similar wastes and waste codes) includes: o November 4, 2021, for 58 pounds o May 21, 2021, for 42 pounds o November 25, 2020, for 56 pounds o May 12, 2020, for 7 pounds o November 6, 2019, for 39 pounds Bad Gas & Oil - Adam Clark (Mechanic "Tech-3" for 15 years) stated that Blain's Farm & Fleet mechanics generate an estimated " of drum every three months" of what they described as "Bad Gas/Oil" during auto maintenance procedures. This works out to about 14 gallons per month, or about 110 pounds per month. This waste is determined to be hazardous D001, D035 5 waste. During the visual inspection, I observed a full 55-gallon steel drum labeled "Bad Gas/Oil" (see Photo 15). The drum was in good condition with no obvious leaks. There was an open funnel in the bung hole, and there was no "hazardous waste" label or nature of hazard (flammable) label, but these are not required for a VSQG. The eManifests includes several UN1993 Waste Flammable Liquid (Methyl Ethyl Ketone, Petroleum Distillates) entries, with waste codes of D001, D035. The eManifests listed this waste on: x May 17, 2022, for three pounds x November 4, 2021, for 83 pounds x May 21, 2021, for 98 pounds x November 25, 2020, for 56 pounds This waste stream is transported by Clean Earth Specialty Waste Solutions (formally Stericycle Specialty Waste Solutions with the same location and same transporter number) to Solvent Recovery, LLC in Kansas City, Missouri. The off-site treatment code is H061 (fuel blending prior to energy recovery). Spent Lead-Acid Batteries - Mr. Clark stated that Blain's Farm & Fleet mechanics generate about three to five pallets of batteries (about 75-125 batteries) every week for recycling. The spent batteries are generated from automotive maintenance procedures. During the visual inspection I observed two pallets (about 25 batteries per pallet) of spent lead-acid automotive batteries stored on a wooden pallet (see Photo 8). The batteries appeared to be in good condition with no obvious signs of leaking. The batteries are shipped to East Penn Manufacturing (Corydon, Iowa) weekly for recycling and appear to be managed under 40 CFR part 266, subpart G. Used Oil - Mr. Clark stated that Blain's Farm & Fleet mechanics generate used oil during preventive maintenance oil changes of customer vehicles. He estimates they generate about 2030 gallons per week. Onsite the used oil is collected in a 55-gallon drum and a 240-gallon tank. The used oil tank is connected to an overhead CB2500 Clean Burn heater (see Photo 10), that is rated at 250,000 BTU. The oil burner space heater is the primary heat source for the service center. During the visual inspection I observed that both the 240-gallon used oil tank and 55gallon drum (see Photos 9 & 11) did not have the label "Used Oil". I also observed that the 55gallon used oil drum, which was about full, had obvious damage and a small leak about of the way up from the bottom of the drum on the side facing the camera in Photo 11. NOPF 2: Failure to mark used oil containers (used oil 240-gallon tank and 55-gallon drum) with the words "Used Oil" as required in 40 CFR 279.22(c)(1) NOPF 3: Failure to maintain 55-gallon used oil drum in Service Center in good condition and free of leaking as required in 40 CFR 279.22(b)(2) Used Oil Filters - Mr. Clark stated that Blain's Farm & Fleet mechanics generate used oil filters during preventive maintenance of automotive vehicles. He estimates they generate about one 55gallon drum of crushed used oil filters every three months. The oil filters are hot drained overnight and then crushed in the red oil filter crusher in Photo 13. They are then collected in the full steel 55-gallon drum in Photo 12, labeled as Used Oil Filters. Crystal Clean collects the crushed oil filter drums every three months and processes them as scrap metal for recycling. 6 Spent Parts Washer Solvent - Mr. Clark stated that they have one parts washer in their service center (see Photo 14). The parts washer is maintained by Crystal Clean and changed out every three months with about 5-gallons of Crystal Clean 142+ cleaning solvent (see Attachment #7 for the SDS). This solvent has a flash point >142 F, which they have determined to be nonhazardous. Oily Cloth Shop Rags - Mr. Clark stated that Blain's Farm & Fleet mechanics generate oily cloth rags during their maintenance processes. Ms. Larson stated that the rags are typically only contaminated with oil, but they may occasionally use small amounts of CRC Brakleen, which they keep in reusable plastic bottles (see Photo 16). They no longer use aerosol cans. Onsite the rags are collected in a 5-gallon red step can. During the visual inspection I observed one red fivegallon step can, about 1/3 full of dry cloth rags. The rags are laundered weekly by Cintas and returned for reuse. I did not note the estimated volume of rags used. Pit Sludge - Mr. Clark stated that Blain's Farm & Fleet mechanics clean out about "two 5gallon buckets" of pit sludge monthly and disposed of it in a general trash dumpster (see Photo 17 for a general overview of the shop facility). He stated that there has not been a hazardous wase determination of the sludge done that he was aware of. NOPF 1: Make a hazardous waste determination on the Service Center's Pit Sludge as required in 40 CFR 262.11(a) General Trash - General trash is generated by routine business operations. Ms. Miritz stated the trash consists of paper and plastic shipping wastes and general office wastes and that it is nonhazardous. She estimates that they generate about one 8-cubic yard dumpster three times per week. It is collected by Millennium Waste and transported to the local landfill. Waste Cardboard - Waste cardboard is generated by routine business operations. Ms. Miritz estimates that they generate roughly 100 bales per year. Onsite it is collected in a baler and then transported by Waste Management to Waste Management Recycle America for recycling. 4.4 Other Regulatory Requirements Outside Facility Perimeter - I did a limited inspection of the outside perimeter of the facility and observed no hazardous waste storage tanks and containers except as noted above. I did not observe security fencing or security cameras around the facility. See the aerial and map views in Attachment #1. Central Accumulation Area (CAA) - There was no true CAA. Damaged products are sorted and placed in various bins in the "hazardous waste" area of the warehouse, which appears to function as a satellite accumulation area (SAA) until transported by their waste handler every four months (three times per year). The waste "bad gas/oil" drum is also a SAA container in periodic use until transported by their waste handler every four months. 7 Preparedness and Prevention - Blain's Farm & Fleet has numerous fire extinguishers throughout the facility. I did not ask many questions about their contingency plan since this is not required for a VSQG. There was no emergency contact phone list posted near the SAA (there was an 800 number for their environmental company Clean Earth), but this is not required for a VSQG. Personnel Training - I did not ask detailed questions about their training since this is not required for a VSQG, but Ms. Larson stated that they do require initial and annual recurrent training for all staff having hazardous waste handling responsibilities. 5.0 SUMMARY OF FINDINGS NOPF 1: Make a hazardous waste determination on the Service Center's Pit Sludge as required in 40 CFR 262.11(a) NOPF 2: Failure to mark used oil containers (used oil 240-gallon tank and 55-gallon drum) with the words "Used Oil" as required in 40 CFR 279.22(c)(1) NOPF 3: Failure to maintain 55-gallon used oil drum in Service Center in good condition and free of leaking as required in 40 CFR 279.22(b)(2) Other than the items specifically noted in this narrative, I observed no additional issues or potential findings. However, further EPA review may change or add to my findings. Digitally signed by MARK MARK HOLCOMB HOLCOMB (Affiliate) (Affiliate) Date: 2022.10.20 18:01:24 _______________-0_5'0_0_' ________________________ Mark Holcomb Civil Investigator AMBER Digitally signed by AMBER WHISNANT Date: 2022.10.23 17:58:15 _W__H__I_S_N__A__N__T_______-_05_'0_0_' __________________ Amber Whisnant RCRA Section Chief, ECAD/CB Attachments: 1. Facility Aerial Map View and Diagram (3 pages) 2. Photo Log (19 photos / 10 pages) 3. Receipt for Documents (1 page) 4. Confidentiality Notice CBI (l page) 5. Notice of Preliminary Findings NOPF (1 page) 6. EPA RCRA Notification Acknowledgement/Verification Report (1 page) 7. SDS- Crystal Clean 142 Mineral Spirits (7 pages) 8