Document a4ey7m0ennez8QakrDe44XDoa

ft E A ~ United Slates ._-., Environmental Protectior , Ai:iencv Region 6 - Enforcement & Compliance Assurance Division INSPECTION REPORT Inspection Date(s): Media Program: Regulatory Program(s) February 3-4, 2025 Resource Conservation and Recovery Act Hazardous Waste Large Quantity Generator and Transporter Company Name: Facility Name: Facility Physical Location: (city, state, zip code) Mailing address: (city, state, zip code) County/Parish: Facility Phone Number Facility Contact: Pro Clean Tank Wash and Water Treatment, LLC Pro Clean Tank Wash and Water Treatment, LLC 2310 Archie Road Sulphur, Louisiana 70663 2310 Archie Road Sulphur, Louisiana 70663 Calcasieu Parish {337)625-9915 Chris Ervin Facility Manager ch ris@procleantw.com FRS Number: Identification/Permit Number: Media Identifier Number: NAICS: SIC: 110015819140 LDEQ Al:6279 EPAID:LAD981584725 488999 - All Other Support Activities for Transportation N/A Personnel participating in inspection: John Penland US EPA Region 6 (ECAD) Chris Ervin Pro Clean Tank Wash David Thibodeaux Pro Clean Tank Wash Dewayne Corley Pro Clean Tank Wash Sr. Environmental Scientist Facility Manager Operations Supervisor Environmental Consultant EPA Lead Inspector Signature/Date Supervisor Signature/Date JOHN PENLAND Date: 2025.05.23 11 :00:31 -05'00' Digitally signed I>y JOHN PENLAND John Penland - Sr. Environmental Scientist (ECAD) Date DEBRA PANDAK ~~~:~1b;~9;s~i3bi1~2E:;:~~~~~K Debra Pandak - RCRA Enforcement Section Manager (ECAD) Date GEN FORM-019-R8.2 (02/12/2020) 1 Section I - INTRODUCTION PURPOSE OF THE INSPECTION Pro Clean Tank Wash and Water Treatment, LLC- Sulphur, LA February 3-4, 2025 On February 3rd and 4th, 2025, I, John Penland, conducted an unannounced Compliance Evaluation Inspection (CEI or Inspection) of the Pro Clean Tank Wash and Water Treatment, LLC (Pro Clean) facility located at 2310 Archie Road in Sulphur, Louisiana for compliance with the Resource Conservation and Recovery Act (RCRA). The inspection included a walkthrough of the facility's hazardous waste generation and management units, and a review of the facility records related to hazardous waste management. The Pro Clean facility was selected for inspection as a follow-up to the Region 6 initiative to inspect ports and other facilities that could be affected by port activities. Additionally, EPA Region 6 has an ongoing interest in facilities whose operations relate to the bulk transportation of chemical products and hazardous wastes. FACILITY DESCRIPTION Pro Clean operates its facility on approximately 8 acres at 2310 Archie Road in Sulphur, Louisiana. The facility operates in 2 shifts from 7am to 11pm with approximately 12 employees. Operations at the facility include the pretreatment and direct discharge of non-hazardous waste waters and the cleaning of tanker trailers, roll-off boxes, and frac tanks. According to Chris Ervin, the facility cleans approximately 40 units per day. According to documents presented to me during this inspection, the facility is registered as a large quantity generator of hazardous waste with the assigned EPA ID: LAD981584725. However, the EPA RCRAlnfo database showed this ID to be inactive at the time of the inspection. The Louisiana Department of Environmental Quality has assigned the facility the Agency Interest number: 6279. Section II - INSPECTION SUMMARY February 3, 2025 I arrived at the Pro Clean facility at approximately 11:30pm Central Time and began the inspection with an opening conference. During this conference, I presented my credentials to Mr. Chris Ervin and informed him that I was there to conduct an inspection of the facility under the authority of Section 3007 of RCRA. During this conference, we also discussed the purpose and scope of the inspection and notified him of the facility's right to assert a claim of Confidential Business Information for records collected during this inspection. Following the opening conference, I conducted my first walkthrough of the facility's process and storage areas. This initial walkthrough was focused primarily on inspector orientation of 2 Pro Clean Tank Wash and Water Treatment, LLC- Sulphur, LA February 3-4, 2025 the site, but also included a cursory evaluation of the facility's compliance with the hazardous waste container management standards. I departed the facility at approximately 3:45pm Central Time. For our detailed observations, inspection notes, and records request, see the Daily Summary for February 3, 2025, in Appendix 2. February 4, 2025 I arrived at the Pro Clean facility at approximately 9:05am Central Time to begin my inspection day. I began the day with a discussion of the facility's hazardous waste notification history, operating records, and emergency planning. Following these discussions, I concluded the inspection day with a review of the preliminary inspection findings described in Section Ill. For our detailed observations, inspection notes, and records request, see the Daily Summary for February 4, 2025, in Appendix 2. Section Ill - AREAS OF CONCERN The inspection concluded on February 4, 2025, with a closing meeting where I presented my preliminary areas of concern. These concerns are described in this section with citations to the relevant Code of Federal Regulations {CFR) and Louisiana Administrative Code {LAC) where appropriate. 1. 40 C.F.R. 262.11 and LAC 33:V.1005 - Waste Identification and Determination Requirements Associated Documentation: Appendix 1 - Photo log - Photo Numbers 1; 8-12; 14-20; 25-28 Appendix 2 - Daily Summary of Inspection Notes and Observations Appendix 3 - Site Maps Appendix 4 - Pro Clean Drum Inventory Appendix 10 - Pro Clean Waste Manifests A person who generates a solid waste must make an accurate determination as to whether that waste is a hazardous waste to ensure they are properly managed according to applicable RCRA regulations. Solid wastes include materials which are disposed of; or accumulated, stored, or treated before or in lieu of being disposed. This determination must be made at the point of the waste's generation. 3 Pro Clean Tank Wash and Water Treatment, LLC- Sulphur, LA February 3-4, 2025 During this inspection, I observed that heels removed from the containers received for cleaning, were accumulated in containers and stored in the designated waste storage area and an area on the north side of the facility. When I first inspected the storage areas on February 3, 2025, 26 containers of heels were stored at the facility. I documented that at least 16 of these containers were marked by a sticker indicating that the contents were "on hold pending analysis". This includes containers of styrene generated on July 11, 2024, which was 207 days prior to this inspection. If these materials are being accumulated and stored prior to disposal, they require a waste determination in accordance with 40 C.F.R. 262.11 to be made at the point of generation, which includes the point at which storage began. Following the conclusion of this inspection, Pro Clean shipped some of these containers as hazardous waste for off-site disposal. However, I was unable to establish which of the containers I observed onsite had been determined to be hazardous waste. 2. 40 C.F.R. 262.17(a) and LAC 33:V.1015.B - Storage in excess of 90 days Associated Documentation: Appendix 1- Photo log- Photo Numbers 1-7; 13; 29-31 Appendix 2 - Daily Summary of Inspection Notes and Observations Appendix 4 - Pro Clean Drum Inventory Appendix 10 - Pro Clean Waste Manifests Large Quantity Generators are only allowed to store hazardous waste for 90 days without seeking an extension from the State of Louisiana or applying for a hazardous waste storage permit. Therefore, no hazardous wastes generated prior to November 5, 2024, should have been present at the time of this inspection. Based on the markings on the containers I observed during this inspection and recorded in the Drum Storage Inventory, at least 8 containers marked as hazardous waste had been stored for more than 90 days. Eight of the containers labeled as "on hold pending analysis" noted in Area of Concern #1 were also stored for more than 90-days. If these materials are determined to be hazardous waste, then they would be subject to the same limitation on storage time. Following the conclusion of this inspection, Pro Clean shipped some of these containers as hazardous waste for offsite disposal. However, I was unable to establish which of the containers I observed onsite had been determined to be hazardous waste. 4 Pro Clean Tank Wash and Water Treatment, LLC- Sulphur, LA February 3-4, 2025 3. 40 C.F.R. 262.13 and LAC 33:V.1017 - Notification Requirements 40 C.F.R. 262.41 and LAC 33:V.1021- Annual Reporting Requirements Associated Documentation: Appendix 2 - Daily Summary of Inspection Notes and Observations Appendix 5 - Pro Clean Notification and Transfer of Ownership Appendix 6 - 2019 Annual Waste Report Appendix 7 - Pro Clean Hazardous Waste Reports Both State and Federal Regulations require generators to determine their Generator Category (Large, Small, or Very Small) based on the quantity of hazardous waste they generate. In addition, the State of Louisiana requires hazardous waste generators to provide the State with a specific notification indicating which generator category their facility falls under and update it with any changes using the Notification of Hazardous Waste Activity Form (HW-1). For Large Quantity Generators, this notification must be resubmitted by March 1 of each even-numbered year. In addition, Federal Regulations require Large Quantity Generators to submit a biennial waste report for each odd numbered year. The State of Louisiana expands this reporting requirement to every year. In preparation for this inspection, I reviewed records submitted by the facility to the State of Louisiana using the Louisiana Department of Environmental Quality's (LDEQ) Electronic Document Management System (EDMS). At that time, I was unable to find any record of HW-1 notifications, biennial, or annual waste reports submitted since 2019. According to EPA's RCRAlnfo Database, the facility has reported as a non-generator since its 2019 Annual Waste Report submittal. During the inspection, Mr. Chris Ervin presented me with receipts showing the payment of hazardous waste generator fees to the State of Louisiana. After the inspection, Mr. Ervin sent me files which purport to be annual waste reports for 2022 and 2023. However, none of these records appear in either the State of Louisiana's EDMS or EPA's RCRAlnfo. 4. 40 C.F.R. 270.1 and LAC 33:V Subpart 1 - Improper receipt and management of frac tanks holding hazardous waste Associated Documentation: Appendix 1- Photo log- Photo Number 21 Appendix 2 - Daily Summary of Inspection Notes and Observations 5 Pro Clean Tank Wash and Water Treatment, LLC- Sulphur, LA February 3-4, 2025 The facility receives frac tanks for cleaning that contain residues from management of materials at hazardous waste generating facilities. When the frac tanks are used for the storage of hazardous waste at those generating facilities, the residues are also hazardous waste. At the time of this inspection, the facility was storing a frac tank received from a chemical plant which contained approximately 1,100 gallons of residual OAF solids. According to Chris Evans, these OAF solids are hazardous waste due to their benzene content. Frac tanks are not intended to be portable when in service. Therefore, according to 52 Federal Register 20919 published June 3, 1987, frac tanks do not meet the RCRA container definition and are more appropriately managed as tanks. At Large Quantity Generator facilities, they would be subject to all the requirements of 40 C.F.R. 265 Subpart J; including the requirement for generators to remove all waste residues from the tank at closure. Further, their classification as tanks means that the RCRA empty container rules do not apply to frac tanks and their associated residues. Transportation of these materials is subject to all the hazardous waste management and manifesting standards and apply at the originating facility. 5. 40 C.F.R. 262.262 and LAC 33:V.1055 - Contingency plan availability Associated Documentation: Appendix 2 - Daily Summary of Inspection Notes and Observations Appendix 8 - Pro Clean Contingency Plan Large Quantity Generators must maintain a copy of the contingency plan and all revisions to the plan at the large quantity generator. They must also submit copies of this plan to all local emergency responders. At the time of this inspection, the only available version of the facility's contingency plan was dated November 1, 2011. According to Mr. Chris Evans, this version did not represent current operations and facility contacts. He stated that a revision of the plan had been prepared but was not available for review. The facility was also not able to locate records showing the distribution of this plan to the local emergency responders. 6. 40 C.F.R. 262.17(a)(7) and LAC 33:V.1015.B.7 - Training recordkeeping requirements Associated Documentation: Appendix 2 - Daily Summary of Inspection Notes and Observations Appendix 9 - Training Record Example Large Quantity Generators are required to provide a site-specific training program that ensures that employees can perform their duties in compliance with RCRA. This training must at a minimum ensure that facility personnel are able to respond effectively to emergencies by familiarizing them with emergency procedures, emergency equipment, and emergency 6 Pro Clean Tank Wash and Water Treatment, LLC- Sulphur, LA February 3-4, 2025 systems. Records required to demonstrate compliance with these regulations must be maintained by the facility on both current and former employees. Pro Clean provides general hazardous waste and DOT training through online training provided by Sentry Road. Site-specific training is provided in person with on-the-job walkthroughs. However, no records were available to document this training. Initial facility emergency training is not specifically documented. Mr. David Thibodeaux does provide periodic safety review meetings attended by all shift employees. An example record of this safety meeting is included as Appendix 9. Section IV - FOLLOW UP On February 7, 2025, Mr. Chris Evans provided an update via email for some of the concerns communicated on February 4, 2025. This response is included in Appendix 2. On February 18, 2025, Mr. Chris Evans sent copies of Hazardous Waste Manifests via email for the transport of wastes containers observed during this inspection. This response is included in Appendix 2. The manifests are included as Appendix 10. Section V - LIST OF APPENDICES Appendix 1 - Photo Log Appendix 2 - Daily Summary of Inspection Notes and Observations Appendix 3 - Site Maps Appendix 4 - Pro Clean Drum Inventory Appendix 5 - Notification and Transfer of Ownership Appendix 6 - 2019 Annual Waste Report Appendix 7 - Pro Clean Hazardous Waste Reports Appendix 8 - Pro Clean Contingency Plan Appendix 9 - Safety Briefing Sign-in - Example Appendix 10 - Pro Clean Waste Manifests 7