Document ba7xwqvNzmyvnMEgawZk8ymz1

REPORT OF RCRA COMPLIANCE INSPECTION September 13, 2024 By TOEROEK ASSOCIATES, INC. and TETRA TECH INC. For U.S. ENVIRONMENTAL PROTECTION AGENCY Region 10 Land Enforcement Section INTRODUCTION At the request of U.S. Environmental Protection Agency (EPA) Region 10, Toeroek Associates, Inc. and its subcontractor Tetra Tech Inc. (Toeroek team) conducted hazardous waste compliance evaluation inspections (CEI) at sites owned or operated by the North Slope Borough (NSB) in Kaktovik, Alaska. Based on my observations, the NSB sites generating hazardous waste, used oil, or universal waste in Kaktovik consist of three contiguous properties with EPA ID numbers and two sites that have not notified to receive EPA ID numbers. These are: AKD983076480, the Department of Public Works (DPW) - Unified School Division Warehouse (USDW)/Heavy Equipment Maintenance Site (HEMF), at 4042 Hula Hula Street AKR000211029, the Fire Station, at 527 5th Street AKR000211037, the Dispensing Station, at 2001 Barter Avenue The Warm Storage building at 421 4th Street S The Air Strip at approximately 70.112191 N, 143.635145 W Copies of the EPA notifications for active sites operated by the NSB in Kaktovik are included in Appendix A. Of these, the DPW-USDW/HEMF and Fire Station sites consisted of more than one operation on contiguous property. An aerial photograph with the mapped sites and operations is included as Appendix B. I based these groupings of operations on the description of on-site included in the in Title 40 Code of Federal Regulations (40 CFR) 260.10. The CEI was conducted under the authority of Section 3007 of the Resource Conservation and Recovery Act (RCRA), as amended, and the 2022 Consent Decree (case no. 3-22-cv-00059-JWS) between EPA and the NSB. The CEI covered requirements of the Consent Decree, as well as hazardous waste minimization, hazardous waste generator, used oil, and universal waste requirements. This report and its attachments present findings of the CEI. I have divided the report by site. Prior to the CEI in Kaktovik, I had conducted a CEI at NSB sites 9, 2024. During that inspection, I informed NSB personnel that I would be conducting an inspection in Kaktovik on September 13. The NSB representatives coordinated with their personnel in Kaktovik to notify them of my arrival and to request assistance with transportation and other logistics (Appendix C). arrived in Kaktovik late in the afternoon on September 12. I was met at the air strip by Ethel Sims and Stephanie Aishanna, who drove me to my lodging. At approximately 8 a.m. the next morning, I was met by Ms. Sims, who drove us to the DPW Shop. I waited for approximately 30 minutes until Christopher Gordon arrived. Page 1 of 10 explained the purpose of the CEI. I presented my EPA credential and explained the scope and procedures for the CEI. I explained the right to make confidentiality claims and that I would provide a summary of findings at the conclusion of the inspection. I conducted the visual inspection of the five sites listed above, accompanied by Mr. Gordon. At the conclusion of the CEI, I conducted an exit briefing with Mr. Gordon to discuss preliminary findings. All 57 photographs taken during the inspection are included in Appendix D. Observations during the inspection are also described in the photolog (Appendix D). PARTICIPANTS Kaktovik NSB: Christopher Gordon Facility Maintenance Specialist Kasey Southard Power Plant Field Supervisor Donald Gordon Water Treatment Plant Representative Toeroek Team: Heather K. Wood, Inspector, 816-412-1768 DPW-USDW/HEMF AKD983076480 The DPW-USDW/HEMF notified of activity as a small quantity generator (SQG) on August 27, 2024. It consists of the DPW Shop, Power Plant, Water Treatment Plant, and Containment Cell on contiguous property. Based on information collected during the inspection, the Containment Cell at this site receives waste from other sites in Kaktovik, in particular the Fire Station (AKR000211029). During the inspection of the Fire Station, Mr. Gordon said that used oil and batteries from the Fire Station (EPA ID KAR000211029) are brought to the Containment Cell to be consolidated with other waste. I also observed contaminated site has not made a hazardous waste determination on the contaminated fuel. If the contaminated fuel is determined to be hazardous waste, the site would be storing hazardous waste without a permit in violation of RCRA Section 3005. It would also be operating as a used oil aggregation point as defined by 40 CFR 279.32 because it receives used oil from other generators owned by the same entity. In addition, multiple waste streams had not been adequately characterized. If these waste streams are determined to be hazardous waste and the quantities exceed 1,000 kilograms (kg), additional findings may apply related to labeling and dating of containers and accumulation time limits, at minimum. If the quantities exceed 6,000 kg, large quantity generator (LQG) requirements would apply. Preliminary Findings 1. CFR 279.22(c)(1) (NOPF No. 1). 2. Failure to make a waste determination on used glycol coolant, contaminated fuel, and used parts washer solvent, as required by 40 CFR 262.11 (NOPF No. 2). Page 2 of 10 Power Plant During my inspection of the Power Plant, we were met by Mr. Southard. He showed us operational areas and indicated that the plant was in the process of repairing a unit that ruptured in early September 2024, generating at least 13 totes of used glycol coolant for disposal. During the inspection, I observed the following waste streams: Approximately twelve 55-gallon containers (drums) of used oil (Photographs 5 through 8 and 12) and one 200-gallon used oil storage tank (Photograph 2). These containers and the tank were in observed minor staining and used absorbent pads around the base of the tank, apparently from incidental staining related to filling the tank (Photograph 3). According to Mr. Gordon and Mr. Southard, this used oil is taken to the adjacent DPW shop (within the contiguous property) to be burned in a used oil space heater. , as required by 40 CFR 279.22(c)(1) (NOPF No. 1) (Photograph 4). According to Mr. Gordon, this material is managed as used oil and would be sent for offsite disposal. Two used lead-acid batteries (Photograph 3). According to Mr. Gordon, these would be consolidated with other batteries in the Containment Cell and ultimately sent offsite for recycling under the conditions of 40 CFR Part 266 Subpart G. Approximately six 300-gallon containers (totes) of used glycol generated by the repair described above (Photographs 10 and 11) . Based on the Comprehensive Hazardous Material, Solid Waste, Hazardous Waste, and Used Oil Management Plan (WMP) created as a condition of the Consent Decree, used antifreeze may or may not be hazardous, based on metal content. This used glycol coolant had not been analyzed for metals. I concluded that the site had failed to make a hazardous waste determination on the used glycol coolant, as required by 40 CFR 262.11 (NOPF No. 2). One approximately 15-gallon parts washer (Photograph 9). I observed that the solvent in the unit had the odor of petroleum distillate. I asked Mr. Gordon and Mr. Southard if they knew the flashpoint of the solvent, but they did not. During the inspection, I reviewed safety data sheets (SDS) in the DPW Shop office but could not find a SDS for the solvent. Per the NSB WMP, petroleum-based parts washer solvent is generally considered hazardous. I concluded that the site had failed to make a hazardous waste determination on the used parts washer solvent, as required by 40 CFR 262.11 (NOPF No. 2). Containment Cell After I inspected the Power Plant, Mr. Gordon and I went to the Containment Cell. According to Mr. Gordon, this is the primary staging area for waste that will be transported offsite for disposal or recycling. He estimated that it had been at least 2 years since waste had been transported from the Containment Cell. I observed numerous drums, totes, and other debris in the cell, which was not under cover (Photographs 17 and 23). Approximately 2 inches of rain water was accumulated in the cell, although most containers and other equipment were staged on wooden pallets. During the inspection, I observed the following waste streams: Twelve metal drums of used oil (Photographs 20 and 21). Mr. Gordon said that these were likely contaminated with glycol or water, which is why they were not being burned in the space heater Page 3 of 10 Two boxes of used lead-acid batteries (Photograph 19). These were destined to be sent offsite for recycling under the conditions of 40 CFR Part 266 Subpart G. Two drums (Photographs 13 and 16 and seven totes of used glycol coolant (Photographs 15 and 18). According to Mr. Gordon, these were also from the September 2024 rupture. This used glycol coolant had not be analyzed for metals. I concluded that the site had failed to make a hazardous waste determination on the used glycol coolant, as required by 40 CFR 262.11 (NOPF No. 2). Five drums of unused glycol coolant. According to Mr. Gordon, this heat transfer fluid was still usable. However, based on the condition of the containers (rusted and dented), I considered them inherently waste-like. I concluded that the site had failed to make a hazardous waste determination on the glycol coolant, as required by 40 CFR 262.11 (NOPF No. 2). Approximately 10 drums and one tote of mixed water-diesel (Photograph 14). According to Mr Gordon, this waste was generated during a fuel release in April 2024. Per the NSB WMP, contaminated fuel is generally considered hazardous. The mixed water-diesel had not been tested for flashpoint. I concluded that the site had failed to make a hazardous waste determination on the mixed water-diesel, as required by 40 CFR 262.11 (NOPF No. 2). Five drums of diesel fuel contaminated with water (Photograph 22). According to Mr. Gordon, this contaminated fuel was generated by exposure to the elements. The contaminated fuel had not been tested for flashpoint. I concluded that the site had failed to make a hazardous waste determination on the contaminated fuel, as required by 40 CFR 262.11 (NOPF No. 2). Two used transformers, drained of oil (Photograph 17). DPW Shop After I inspected the Containment Cell, Mr. Gordon and I went to the DPW Shop. During the inspection, I observed the following waste streams: Two 200-gallon used oil storage tanks that feed the used oil space heater. One tank feeds directly to the space heater (the primary tank) (Photographs 26 and 27), and the other feeds into the primary tank (the secondary tank) (Photographs 24 and 25). Both were in good condition, but the secondary tank was , as required by 40 CFR 279.22(c)(1) (NOPF No. 1). The used oil is burned in a Black Gold Waste Oil Heater that is specifically designed to burn used oil (Photograph 28). I was unable to determine the model of the heater, but none of the Black Gold units currently sold burn at more than 500,000 British thermal units (BTU) (Heaters Black Gold Environmental Services). The unit was vented to ambient air, and, according to Mr. Gordon, it only burns used oil generated at the site. I concluded that the site was meeting the requirements of the exemption at 40 CFR 279.23. One approximately 15-gallon parts washer (Photograph 29). I observed that the solvent in the unit had the odor of petroleum distillate. I asked Mr. Gordon if he knew the flashpoint of the solvent, but he did not. During the inspection, I reviewed SDS in the DPW Shop office but could not find a SDS for the solvent. I concluded that the site had failed to make a hazardous waste determination on the used parts washer solvent, as required by 40 CFR 262.11 (NOPF No. 2). Page 4 of 10 Preliminary Findings 1. Failure to make a waste determination on contaminated fuel and unknown waste, as required by 40 CFR 262.11 (NOPF No. 1). 2. CFR 273.14(e) (NOPF No. 2). 3. Failure to send the lamps for recycling within 1 year, as required by 40 CFR 273.15(a) (NOPF No. 3). Dispensing Station During the inspection, I observed the following waste streams: Ten drums and two totes of contaminated fuel (Photographs 40, 41, and 46). According to Mr. Gordon, this contaminated fuel was generated by activities at the fuel dispensing and petroleum storage sites. I concluded that the site had failed to make a hazardous waste determination on the contaminated fuel, as required by 40 CFR 262.11 (NOPF No. 1). Eight totes of oily water (Photograph 49 and 50). According to Mr. Gordon, this oily water was generated by activities at the fuel dispensing and petroleum storage sites. One of the containers Fourteen super sacks of soil contaminated with diesel fuel (Photographs 42, 43, and 54). Four drums of used oil (Photographs 44 and 45. The containers were in good condition and One container of unknown contents, labeled as hazardous waste pending analysis (Photograph 51). Mr. Gordon did not know what was held in this container nor how long it had been accumulating. I concluded that the site had failed to make a hazardous waste determination on the unknown waste, as required by 40 CFR 262.11 (NOPF No. 1). One overpack container of used sodium lamps (Photograph 52). This container was labeled as that the site intended to manage the waste as universal waste. However, the NSB WMP directs sites to manage lamps as universal waste. As a result, I found that the site had site failed to label CFR 273.14(e) (NOPF No. 2). In addition, based on the date on the container, I concluded that the site had failed to send the lamps for recycling within 1 year, as required by 40 CFR 273.15(a) (NOPF No. 3). Two unlabeled overpack containers of unknown contents (Photographs 52 and 53). Mr. Gordon did not know what was held in these containers nor how long they had been accumulating. I concluded that the site had failed to make a hazardous waste determination on the unknown waste, as required by 40 CFR 262.11 (NOPF No. 1). Based on their proximity to the used sodium lamps and the similarity of container types, the containers may hold used lamps. Ten drained transformers (Photograph 46 through 48). Page 8 of 10 RCRA Site Detail Report run on: December 26, 2024 2:34:46 PM EST Transporter: Transfer Facility: Processor: Refiner: Off-Specification Used Oil Burner: No Marketer who directs shipment off-specification used Yes oil to off-specification used oil burner: No Marketer who first claims the used oil meets the No specifications: Yes Page 3 No No Appendix A Page 3 of 14 RCRA Site Detail Report run on: December 26, 2024 3:09:14 PM EST Transporter: Transfer Facility: Processor: Refiner: Off-Specification Used Oil Burner: No Marketer who directs shipment off-specification used No oil to off-specification used oil burner: No Marketer who first claims the used oil meets the No specifications: Yes Page 3 No No Appendix A Page 11 of 14 RCRA Site Detail Report run on: December 26, 2024 2:28:37 PM EST Transporter: Transfer Facility: Processor: Refiner: Off-Specification Used Oil Burner: No Marketer who directs shipment off-specification used No oil to off-specification used oil burner: No Marketer who first claims the used oil meets the No specifications: Yes Page 3 No No Appendix A Page 14 of 14 From: To: Cc: Subject: Date: George Ahmaogak Jr. Richard Bordeaux; Allen Passi; Thomas Brower; Norajane Burns Scott Danner; Wood, Heather Atqasuk and Kaktovik EPA inspection Monday, September 9, 2024 5:14:46 PM You don't often get email from george.ahmaogak@north-slope.org. Learn why this is important CAUTION: This email originated from an external sender. Verify the source before opening links or attachments. Good afternoon, Hope this email finds you well, there will be an inspector from EPA coming to Atqasuk and Kaktovik on the following dates. Please arrange for yourself or your assistant village supervisor to assist in showing this inspector around. Atqasuk : Wednesday 9-/1 arrive 930AM same day Depart 13:21 Kaktovik: Thursday 9/12 arrive 14:20 Depart : Friday 9/13 @ 14:25 In Kaktovik will be overnighting at the Kaktovik inn Please assist in the logistics of this matter. Heather K. Wood cell# (b)(4) copyright, (b) (6) Tetra Tech Heather.wood@tetratech.com George Ahmaogak Jr Deputy Director RAS Office 907-852-0489 (main) ext. 5654 Cell (b) (6) Appendix C Page 1 of 1 Kaktovik, North Slope Borough, Alaska Pic# Photographer 42 Heather Wood 43 Heather Wood 44 Heather Wood 45 Heather Wood 46 Heather Wood 47 Heather Wood 48 Heather Wood 49 Heather Wood 50 Heather Wood 51 Heather Wood 52 Heather Wood 53 Heather Wood 54 Heather Wood 55 Heather Wood 56 Heather Wood 57 Heather Wood Date 9/13/24 9/13/24 9/13/24 9/13/24 9/13/24 9/13/24 9/13/24 9/13/24 9/13/24 9/13/24 9/13/24 9/13/24 9/13/24 9/13/24 9/13/24 9/13/24 Time 10:36 10:36 10:36 10:38 10:38 10:40 10:06 10:08 10:08 10:16 10:16 10:16 10:17 10:01 14:56 14:56 File Name 20240913 103637.jpg 20240913 103640.jpg 20240913 103655.jpg 20240913 103811.jpg 20240913 103813.jpg 20240913 104053.jpg 20240913 100640.jpg 20240913 100853.jpg 20240913 100857.jpg 20240913 101624.jpg 20240913 101633.jpg 20240913 101646.jpg 20240913 101751.jpg 20240913 100129.jpg 20240913 145628.jpg 20240913 145639.jpg Appendix D Page 2 of 32