Document VqDdO95B2Y92VOKqEDVxnJNp

Inspection Entry Date/Time Inspection Exit Date/Time Regulatory Program Type of Inspection EPA REGION 6 Enforcement Division INSPECTION REPORT 05/21/2024 13:00 (CT) Announced: No 05/21/2024 14:45 (CT) RCRA Access: Granted 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 Gainco, Inc. TXR000080455 900 Floerke Road Portland, TX 78374 San Patricio County N/A None Gainco, Inc. is a transporter for hire that performs spill cleanups, tank cleaning, operates 70-barrel trucks, and transports boxes and other material, including waste. 27.87835, -97.3219 Additional Persons Participating in Inspection: Name Title Organization Cameron Tanaka Erin Young-Dahl Contractor Inspector Eastern Research Group (ERG) EPA REGION 6 John Penland Inspector EPA REGION 6 Email Cameron.Tanaka@erg.com YoungDahl.Erin@epa.gov Penland.John@epa.gov Phone (508) 314-6432 (214) 665-3166 (214) 665-9717 Lead Inspector: Brook McKeown ERG Brook.McKeown@erg.com 09/03/2024 (410) 459-5811 Page 1 of 6 Gainco, Inc. SECTION I - INTRODUCTION Site Entry and Purpose of the Inspection Inspection Date: 05/21/2024 The Port of Corpus 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 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 Phone Email Opening Closing Conf. Conf. Brook McKeown (410) 459-5811 Brook.McKeown@erg.com Yes No Cameron Tanaka (508) 314-6432 Cameron.Tanaka@erg.com Yes No Erin Young-Dahl (214) 665-3166 YoungDahl.Erin@epa.gov Yes Yes John Penland (214) 665-9717 Penland.John@epa.gov Yes Yes Page 2 of 6 Gainco, Inc. Inspection Date: 05/21/2024 Facility General Description Tenant/Area Gainco, Inc. Inspection Date 05/21/24 Process Description Gainco, Inc. (Gainco) is a transporter for hire that performs spill cleanups and tank cleaning, operates 70barrel trucks, and transports boxes and other material, including waste. Most of the waste the company transports, as well as the waste it generates itself, is sent to US Ecology. Gainco handles and transports hazardous waste, non-hazardous waste, used oil, and sludge. The company pumps wastes, generally in the form of slops, off tugboats and other vessels. Gainco generates nonhazardous waste including wash water and spent carbon, as well as used oil. The company does not act as a transfer facility but may keep material in transit at its facility overnight on rare occasions. Area of Concern No Gainco does not maintain a MARPOL COA. Page 3 of 6 Gainco, Inc. Inspection Date: 05/21/2024 SECTION II - OBSERVATIONS Tenant: Gainco, Inc. Section: 2.1 Date: 05/21/24, 01:00 PM Contains AOC: No Contains CBI: No Lead Inspector: Brook McKeown Attendees: Sally Garcia (DOT Manager), Theresa Nix (President) Gainco is a transporter for hire that performs spill cleanups and tank cleaning, operates 70-barrel trucks, and transports boxes and other material, including waste. Most of the waste the company transports as well as the waste it generates itself is sent to US Ecology in Houston. Gainco also sends waste to Texas Molecular and Kinder Morgan. Used oil that Gainco transports does not come back to its site, but is transported directly to US Ecology, Texas Molecular, or Kinder Morgan. Gainco handles and transports hazardous waste, nonhazardous waste, used oil, and sludge. The company pumps wastes, generally in the form of slops, off tugboats and other vessels. For pumping wastes off vessels, Gainco mainly acts as a mobile facility for the USCG. Gainco generates non-hazardous waste including wash water and spent carbon, as well as used oil. The company generates wash water through rinsing out its trucks. The company takes the wash water to a recycler that performs all the profiling for the wash water. Any washouts that could generate hazardous waste are performed at Western Gulf. Gainco generates used oil from its own trucks. Spent carbon is generated from its trucks' filters and adsorbers. This waste is sent to US Ecology. Gainco has tested the spent carbon and characterized it as non-hazardous waste. Gainco's 70-barrel trucks or tanker trucks mostly move wash water around their customers' facilities and remain on these sites as a third-party transporter for their clients. Gainco has a spill response location in Arlington, TX. Gainco is registered with EPA as a transporter of hazardous waste and a used oil handler (EPA ID TXR000080455) and does not maintain a MARPOL COA. The facility services vessels on the road with their trucks and they do not operate any docks. The company does not act as a transfer facility; however, it may keep material in transit at its facility overnight on rare occasions when the Department of Transportation (DOT) prevents deliveries from occurring until the next day. Gainco maintains records of used oil transports with Bills of Lading (BOLs), and used oil is typically delivered to AEP Texas (EPA ID TXD982555328), among others. The inspection team viewed several BOLs and noted no issues. Based on these BOLs, all of the used oil was transported to its destination on the same day it was received. The inspection team also viewed nonhazardous waste manifests from 2024 and noted no issues. The inspection team then performed a walk through of the facility, which had waste scattered around its yard area. Observations and AOCs are presented here along with facility responses where relevant. The inspection team observed the following unlabeled waste containers, many of which were not properly closed or had integrity issues, that facility personnel stated contained non-hazardous waste streams: One trailer with 24 unlabeled 55-gallon steel drums of spent carbon/unknown waste (see Appendix 1 - Photos 1 and 6). In Ms. Garcia's follow-up email from 06/03/2024 (see Appendix 2), an attachment was included showing that these drums were labeled as non-hazardous waste (see Appendix 3). One trailer with 10 unlabeled 55-gallon drums of spent carbon/unknown waste (see Appendix 1 - Photo 8). In Ms. Garcia's follow-up email from 06/03/2024 (see Appendix 2), an attachment was included showing that these drums were labeled as non-hazardous waste (see Appendix 4). One unlabeled 55-gallon drum adjacent to the scale area with integrity issues in the drum lid (see Appendix 1 - Photo 2). In Ms. Garcia's follow-up email from 06/03/2024 (see Appendix 2), an attachment was included showing that this drum was labeled as non-hazardous waste, and its lid was Page 4 of 6 Gainco, Inc. Inspection Date: 05/21/2024 replaced (see Appendix 5). One unlabeled 55-gallon green drum with unknown waste on the northern portion of the facility (see Appendix 1 - Photo 3). In Ms. Garcia's follow-up email from 06/03/2024 (see Appendix 2), an attachment was included showing that this drum was labeled as non-hazardous waste (see Appendix 6). One unlabeled 55-gallon drum with unknown waste adjacent to tire storage (see Appendix 1 - Photo 4). In Ms. Garcia's follow-up email from 06/03/2024 (see Appendix 2), an attachment was included showing that this drum was labeled as non-hazardous waste (see Appendix 7). The inspection team also noted evidence of debris on the ground, which could potentially be waste from cleaning trucks or containers (see Appendix 1 - Photo 5). In Ms. Garcia's follow-up email from 06/03/2024 (see Appendix 2), an attachment was included showing that this debris was removed, although no information was provided about whether the removed debris was determined to be a hazardous waste or how it was ultimately managed (see Appendix 8). The inspection team observed that liquid from a red frac tank was leaking into the secondary containment (see Appendix 1 - Photos 6 and 7). After the walkthrough, Gainco personnel indicated that this frac tank held non-hazardous oily water. The inspection team does not have sufficient information on the origin of the oily water to be able determine whether it is used oil or a non-hazardous waste stream. No areas of concern (AOCs) were identified during the visual inspection; however, further EPA review may change or add to their potential AOCs. A closing conference was conducted at approximately 2:20 PM with Gainco personnel. SECTION III - RECORDS REVIEW No RCRA-regulated records were reviewed during this focused onsite inspection. SECTION IV - AREAS OF CONCERN No areas of concern were found during the inspection. 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. 06/03/24 Gainco email - Sally Garcia sent several photos and descriptions showing corrective actions implemented in the general yard area. Page 5 of 6 Gainco, Inc. SECTION VI - LIST OF APPENDICES Appendix 1. Photograph Log Appendix 2. Follow-Up Email from Gainco Appendix 3. Gainco Follow-Up on Trailer with 24 Drums Appendix 4. Gainco Follow-Up on Trailer with 10 Drums Appendix 5. Gainco Follow-Up on Black Drum Adjacent to Scale Area Appendix 6. Gainco Follow-Up on Green Drum Appendix 7. Gainco Follow-Up on Black Drum Adjacent to Tire Storage Appendix 8. Gainco Follow-Up on Evidence of Debris Inspection Date: 05/21/2024 Page 6 of 6 APPENDIX 1. PHOTOGRAPH LOG UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Location: Gainco, Inc. City: Portland Photo No. 1 County/Parish: San Patricio State: Texas Photo File Name: DSCN1081 Date of Photo: 05/21/2024 Time of Photo: 13:59 hrs. Photographer: Cameron Tanaka Description: Overview of trailer with 24 unlabeled 55-gallon steel drums of spent carbon/unknown waste in Gainco's general yard area. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Location: Gainco, Inc. City: Portland Photo No. 2 County/Parish: San Patricio State: Texas Photo File Name: DSCN1082 Date of Photo: 05/21/2024 Time of Photo: 14:01 hrs. Photographer: Cameron Tanaka Description: View of unlabeled 55-gallon drum adjacent to Gainco's scale area with integrity issues in the drum lid. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Location: Gainco, Inc. City: Portland Photo No. 3 County/Parish: San Patricio State: Texas Photo File Name: DSCN1083 Date of Photo: 05/21/2024 Time of Photo: 14:03 hrs. Photographer: Cameron Tanaka Description: View of unlabeled 55-gallon green drum with unknown waste in the northern portion of the facility. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Location: Gainco, Inc. City: Portland Photo No. 4 County/Parish: San Patricio State: Texas Photo File Name: DSCN1084 Date of Photo: 05/21/2024 Time of Photo: 14:04 hrs. Photographer: Cameron Tanaka Description: View of unlabeled 55-gallon drum adjacent to Gainco's tire storage area. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Location: Gainco, Inc. City: Portland Photo No. 5 County/Parish: San Patricio State: Texas Photo File Name: DSCN1085 Date of Photo: 05/21/2024 Time of Photo: 14:07 hrs. Photographer: Cameron Tanaka Description: View of the area with evidence of debris on the ground, towards the top of the photograph, in Gainco's general yard area (observed). UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Location: Gainco, Inc. City: Portland Photo No. 6 County/Parish: San Patricio State: Texas Photo File Name: DSCN1086 Date of Photo: 05/21/2024 Time of Photo: 14:09 hrs. Photographer: Cameron Tanaka Description: Overview of area with trailer containing 24 unlabeled 55-gallon drums and leaking red frac tank in Gainco's general yard area. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Location: Gainco, Inc. City: Portland Photo No. 7 County/Parish: San Patricio State: Texas Photo File Name: DSCN1087 Date of Photo: 05/21/2024 Time of Photo: 14:10 hrs. Photographer: Cameron Tanaka Description: Close-up of leaking liquid from the red frac tank shown in Photo No. 6 in Gainco's general yard area. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Location: Gainco, Inc. City: Portland Photo No. 8 County/Parish: San Patricio State: Texas Photo File Name: DSCN1088 Date of Photo: 05/21/2024 Time of Photo: 14:11 hrs. Photographer: Cameron Tanaka Description: Overview of trailer with 10 unlabeled 55-gallon drums of spent carbon/unknown material in Gainco's general waste area. APPENDIX 2. FOLLOW-UP EMAIL FROM GAINCO Appendix 2 Page 1 of 2 Appendix 2 Page 2 of 2 APPENDIX 3. GAINCO FOLLOW-UP ON TRAILER WITH 24 DRUMS Trailer with 24 Labeled Drums Trailer with 24 Labeled Drums Appendix 3 Page 1 of 1 APPENDIX 4. GAINCO FOLLOW-UP ON TRAILER WITH 10 DRUMS Trailer with 10 drums-Labeled Trailer with 1 drums-Labeled Appendix 4 Page 1 of 1 APPENDIX 5. GAINCO FOLLOW-UP ON BLACK DRUM ADJACENT TO SCALE AREA Drum Located Adjacent to The Scale Area-Replaced Lid Appendix 5 Page 1 of 1 APPENDIX 6. GAINCO FOLLOW-UP ON GREEN DRUM Labeled Green Drum Located on the Northern Portion of the facility Appendix 6 Page 1 of 1 APPENDIX 7. GAINCO FOLLOW-UP ON BLACK DRUM ADJACENT TO TIRE STORAGE Labeled Black Drum Located Adjacent to Tire Storage Appendix 7 Page 1 of 1 APPENDIX 8. GAINCO FOLLOW-UP ON EVIDENCE OF DEBRIS Evidence-Debris no longer on the ground. Appendix 8 Page 1 of 1