Document baegLNo0jLGVzNaxy51j74okD

Inspection Entry Date/Time Inspection Exit Date/Time Regulatory Program Type of Inspection EPA REGION 6 Enforcement Division INSPECTION REPORT 11/4/2024 12:25 (CT) 11/4/2024 13:25 (CT) Announced: No (tenants and related facilities) Access: Granted RCRA 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 Cooper/Ports America N/A 1225 Main St. Beaumont, TX 77701 Jefferson County Non-generator 488320 Cooper/Ports America is a facility that loads and unloads cargo from vessels. 30.07941, -94.09232 Additional Persons Participating in Inspection: Name Title Organization Angela Hays Inspector EPA REGION 6 Sandesh Thapa Inspector EPA REGION 6 Jon Herbay Contractor Eastern Research Group (ERG) Email Hays.Angela@epa.gov Thapa.Sandesh@epa.gov Jon.Herbay@erg.com Phone (214) 665-2285 (214) 665-2265 (412) 780-9931 Lead Inspector: Vince Damiano Chemical Engineer ERG Vincent Damiano Digitally signed by Vincent Damiano Date: 2025.02.06 10:53:17 -05'00' Vince.Damiano@erg.com 02/06/2025 (703) 633-1732 Page 1 of 4 Cooper/Ports America Inspection Date: 11/04/2024 SECTION I - INTRODUCTION Site Entry and Purpose of the Inspection The Port of Beaumont 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, portrelated facilities, 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 Environmental Protection agency (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 Inspector/Enforcement Officer/EPA Region 6 Inspector/Enforcement Officer/EPA Region 6 RCRA Inspector/ Contractor/ERG Cooper/Ports America Cooper/Ports America Name Phone Email Vince Damiano (703) 633-1732 Vince.Damiano@erg.com Opening Closing Conf. Conf. Yes Yes Angela Hays (214) 665-2285 Hays.Angela@epa.gov Yes Yes Sandesh Thapa (214) 665-2265 Thapa.Sandesh@epa.gov Yes Yes Jon Herbay (412) 780-9931 Jon.Herbay@erg.com Yes Yes Joshua Davis (713) 437-9413 Josh.L.Davis1992@gmail.com Yes Yes D.L. Stelly (832) 203-9547 Devonion.Stelly@c-pa.com Yes Yes Page 2 of 4 Cooper/Ports America Facility General Description Inspection Date: 11/04/2024 Tenant/Area Cooper/Ports America Inspection Date 11/04/2024 Process Description Cooper/Ports America (CPA) loads and unloads cargo from vessels. The company is covered under the Port of Beaumont's MARPOL COA. CPA does not remove any waste from ships. Area of Concern Yes SECTION II - OBSERVATIONS Tenant: Cooper/Ports America Section: 2.1 Date: 11/04/24, 12:25 PM Contains AOC: Yes Contains CBI: No Lead Inspector: Vince Damiano Attendees: Joshua Davis (Mechanic), D.L. Stelly (Superintendent) CPA is located within the Port of Beaumont and operates as a stevedore loading and unloading cargo from vessels. The cargo CPA handles consist primarily of military equipment and equipment for chemical plants. CPA operates on four docks within the Port of Beaumont and uses its own heavy-lift forklifts, yard trucks, and small forklifts to move cargo. CPA is covered under Port of Beaumont's MARPOL COA, but Mr. Stelly stated they do not remove trash or waste from vessels. Mr. Stelly explained that CPA generates used oil and antifreeze from maintenance on their equipment and through their operations. The used oil is picked up by Sun Coast Resources (TXR000081384). CPA is considered a non-generator of hazardous waste. Following the opening conference, the inspection team conducted a visual inspection of CPA's maintenance area where their trucks and forklifts are maintained. The inspection team first observed two 1,000-gal fuel tanks storing unleaded gasoline and diesel fuel. Next to the fuel tank shed, the inspection team observed a 5gal container on the ground storing oil (see Appendix 1 - Photo 1). CPA representatives were unsure if the container contents were considered used oil or if the oil was still considered a product. The inspection team requested a waste determination on the contents of the open bucket [ AOC #1 - CPA did not make a waste determination - 40 CFR 262.11]. The inspection team noticed two aerosol cans on the ground near the shed area which were immediately picked up by the facility and placed into the appropriate disposal container. The inspection team observed six conex boxes used to store supplies and tools. Next, the inspection team observed CPA's used oil storage area which contained a 500-gal used oil recovery tank (see Appendix 1 - Photos 2 to 3). The used oil recovery tank did not contain a label or marking with the words "Used Oil." The inspection also observed two 55-gal drums and one 5-gal container storing used oil that did not contain a label or marking with the words "Used Oil." The containers were approximately one-quarter to half full at the time of the inspection (see Appendix 1 - Photos 4 to 5) [AOC #2: CPA did not clearly label containers used to store used oil with the words "Used Oil." - 40 CFR 279.22 (c)(1)]. The inspection team did not observe other areas of concern (AOCs) at the time of the inspection. However, further EPA review may change or add to their potential AOCs. A closing conference was conducted at approximately 1:30 PM with CPA personnel. The AOCs were communicated during the closing. Page 3 of 4 Cooper/Ports America Inspection Date: 11/04/2024 SECTION III - RECORDS REVIEW No RCRA-regulated records were reviewed during this focused onsite inspection. SECTION IV - AREAS OF CONCERN The presentation of Area(s) of Concern does not constitute a formal compliance determination or violation. Tenant: Cooper/Ports America AOC #1 - CPA did not make a waste determination on the contents of a bucket. Citation: 40 CFR 262.11 Section: 2.1 AOC #2 - CPA did not clearly label containers used to Citation: 40 CFR 279.22 (c)(1) store used oil with the words "Used Oil." Section: 2.1 SECTION V - FOLLOW UP 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. SECTION VI - LIST OF APPENDICES Appendix 1. Photograph Log Page 4 of 4 APPENDIX 1. PHOTOGRAPH LOG Location: CPA City: Beaumont UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log County/Parish: Jefferson State: Texas Photo No. 1 Photo File Name: DSCN7646 Date of Photo: 11/04/2024 Time of Photo: 12:59 hrs. Photographer: Vince Damiano Description: View of a 5-gal container storing oil found next to the fuel tank shed. CPA did not verify with the inspection team if the contents of the container were product or waste at the time of the inspection. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Location: CPA City: Beaumont County/Parish: Jefferson State: Texas Photo No. 2 Photo File Name: DSCN7647 Date of Photo: 11/04/2024 Time of Photo: 13:16 hrs. Photographer: Vince Damiano Description: View a 500-gal used oil recovery tank in the used oil storage area that was not labeled "Used Oil". The tank was closed and in good condition. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Location: CPA City: Beaumont County/Parish: Jefferson State: Texas Photo No. 3 Photo File Name: DSCN7648 Date of Photo: 11/04/2024 Time of Photo: 13:16 hrs. Photographer: Vince Damiano Description: View a 500-gal used oil recovery tank in the used oil storage area that was not labeled "Used Oil." The tank was closed and in good condition UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Location: CPA City: Beaumont County/Parish: Jefferson State: Texas Photo No. 4 Photo File Name: DSCN7649 Date of Photo: 11/04/2024 Time of Photo: 1317 hrs. Photographer: Vince Damiano Description: View of two 55-gal drums that contained used oil and were not labeled "Used Oil" in the used oil storage area. The containers were closed and in good condition. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Location: CPA City: Beaumont County/Parish: Jefferson State: Texas Photo No. 5 Photo File Name: DSCN7650 Date of Photo: 11/04/2024 Time of Photo: 1318 hrs. Photographer: Vince Damiano Description: View of one 5-gal container (middle of picture with red funnel) that contained used oil and was not labeled "Used Oil" in the used oil storage area.