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RCRA Inspection Report 1) Inspector and Author of Report Raj Aiyar Environmental Engineer RCRA Enforcement Section Phone: 404-562-8614 aiyar.raj@epa.gov U.S. Environmental Protection Agency, Region 4 Enforcement and Compliance Assurance Division Chemical Safety and Land Enforcement Branch 61 Forsyth Street, S.W. Atlanta, Georgia 30303 2) Facility Information Dupont Specialty Product USA LLC 4250 Campground Road Louisville, KY 40216 Richmond County EPA ID# KYR000065805 NAICS# 325120 - Industrial Gas Manufacturing 3) Responsible Officials Brian Thompson Louisville EHS Manager brian.thompson-1@dupont.com (502) 912-6570 4) Inspection Participants Brian Thompson Callie Hite Scott Gerstner Raj Aiyar DuPont Louisville EHS Manager KDEP KDEP US EPA 5) Date of Inspections March 07, 2024, 9:00 a.m. 6) Applicable Regulations1 Resource Conservation and Recovery Act (RCRA) Sections 3002 (42 U.S. Code - Annotated U.S.C.A. 6925 and 6927), and 40 Code of Federal Regulation (C.F.R.) Parts 260 - 270, 273, 278, & 279; Kentucky Revised Statutes Title XVIII, Chapter 224, Subchapter 46-Hazardous Waste et seq. (2006), and Title 401 of the Kentucky Administrative Regulations (K.A.R.) Chapters 30 through 38, 43 and 44 (2006) 1 As the State's authorized hazardous waste program operates in lieu of the federal RCRA program, the citations of those authorized provisions will be to the authorized State program. However, for ease of reference, the federal citations will follow in brackets. Pursuant to 401 KAR 39:005, Section 1 [40 C.F.R. 260.10], a large quantity generator (LQG) of hazardous waste is a generator who generates greater than or equal to 1,000 kilograms (2,200 pounds) of non-acute hazardous waste in a calendar month. Pursuant to 401 K.A.R. 32:080 Section 1(1) [40 C.F.R. 262.15(a)], a generator may accumulate as much as 55 gallons of non-acute hazardous waste in containers at or near the point of generation where wastes initially accumulate, which is under the control of the operator of the process generating the waste, without a permit or without having interim status, as required by KRS 224.46-520 [Section 3005 of RCRA, 42 U.S.C. 6925], and without complying with 401 KAR 39:080, [40 C.F.R. 262.16(b)], except as required in 401 KAR 39:080, Section 1(1) [40 C.F.R. 262.15(a)(7) and (8)], provided that the generator complies with the satellite accumulation area conditions listed in 401 KAR 39:080, Section 1(1) [40 C.F.R. 262.15(a)] (hereinafter referred to as the "SAA Permit Exemption"). Pursuant to 401 KAR 39:080, Section 1(1) [40 C.F.R. 262.17], an LQG may accumulate hazardous waste on-site for 90 days or less without a permit or without having interim status, as required by KRS 224.46-520 [Section 3005 of RCRA, 42 U.S.C. 6925], provided that the generator complies with the conditions listed in 401 KAR 39:080, Section 1(1) [40 C.F.R. 262.17] (hereinafter referred to as the "LQG Permit Exemption"). Pursuant to 401 KAR 39:080, Section 3(1) [40 C.F.R. 273.9], a small quantity handler of universal waste (SQHUW) is a universal waste handler who does not accumulate 5,000 kilograms or more of universal waste (batteries, pesticides, mercury-containing equipment, lamps, or aerosol cans, calculated collectively) at any time. 7) Purpose of Inspection The purpose of this inspection was to conduct an unannounced compliance evaluation inspection to determine DuPont Specialty Products USA LLC 's compliance with the applicable requirements of RCRA and the corresponding Kentucky regulations. This was an EPA lead inspection. 8) Facility Description DuPont Specialty Product USA LLC (DuPont)) is located at 4250 Campground Road, Louisville, Kentucky. The DuPont facility has been operating since 1941 and comprises of approximately eight acres. However, since 2015, DuPont has been leasing the property from Chemours. DuPont manufactures Polyvinyl Fluoride (PVF) at the Louisville facility. The chemical name for PVF is Tedlar. Tedlar due to its chemical resistant and weather resistant properties has wide application in chemical, automotive, electrical, and electronic industries. DuPont currently has 35 employees and approximately 20 resident contractors. EPA-RCRA CEI Report DuPont Specialty Products USA LLC EPA ID# KYR000065805 March 07, 2024 Page 2 of 9 Facility Process and Hazardous Waste Generation Hazardous waste routinely generated by the process includes chromium contaminated rags, chromium contaminated absorbent, used oil and universal waste lamps. Other waste generated including hazardous waste are waste paint, aerosol cans, universal waste lamps and batteries. The waste codes for the waste generated at DuPont are D001, D002 and D007. Records indicate that the quantity of hazardous waste shipped in Calender year 2023 and calendar year 2022 was 13,517 and 1,179 kilograms. DuPont uses Safety-Kleen Systems Inc. (TXR000081205) and Clean Harbors (MAD039322250) as transporters and Clean Harbors, (OKD065438376) and (ARD069748192) to dispose of their hazardous waste. 9) Previous Inspection History DuPont was last inspected by KDEP on May 2, 2022, and by EPA on October 18, 2017. There were no deficiencies observed during both the inspections. 10) Opening Conference On March 7, 2024, EPA Inspector, Raj Aiyar accompanied by KDEP Inspectors, Callie Hite and Scott Gerstner arrived at the DuPont facility at approximately 9:00 a.m. Facility Representative Brian Thompson, Louisville's EHS Manager immediately received and escorted the inspectors to a conference room. The inspectors introduced themselves, showed their credentials, stated the purpose of the visit. The inspectors discussed the scope of the inspection and described the anticipated use of equipment, a digital camera during the inspection. The inspectors later requested a list of records to be reviewed as part of the inspection. The EPA inspector explained that the Small Business Regulatory Enforcement Fairness Act's classification of a "small business" is generally set by the Small Business Administration using the business' SIC/NAICS code and annual receipts or number of employees. A copy of the EPA's information sheet for small businesses can be found at https://www.epa.gov/sites/production/files/2017-06/documents/smallbusinessinfo.pdf. The EPA inspector also discussed the facility's ability, pursuant to 40 C.F.R. 2.203, to assert a business confidentiality claim for information submitted to EPA. The company did not assert a business confidentiality claim. Brian Thompson provided an overview of the facility's history and current operations during the opening conference. The inspection participants also discussed health and safety protocols and the required personal protective equipment before Brian Thompson led the inspectors on a tour of the facility's operations. EPA-RCRA CEI Report DuPont Specialty Products USA LLC EPA ID# KYR000065805 March 07, 2024 Page 3 of 9 11) Inspection Observations Satellite Accumulation Areas (SAAs) Maintenance Shop The SAA comprised of several drums and poly container on spill pallets. The SAA was used to store hazardous waste comprising of solvent contaminated waste rags and waste paint solvents. In the same area, universal waste was also stored (Photo-1). Both the SAA containers were observed to be closed and labeled with the words "Hazardous Waste". One SAA container with a latched funnel labeled as containing "waste paint and solvents" had a hazard indication label as "Flammable Liquid" (Photo-2). The other SAA container with a hinged lid labeled as "Rags with Acetone and Paint Waste" was not marked with a hazard indication label (Photo-3). Pursuant to 401 KAR 39:080 Section 1(1) [40 C.F.R. 262.15(a)(5)], which is a condition of the SAA Permit Exemption, a generator is required to mark or label its containers with an indication of the hazards of the contents. The containers holding the waste were observed to be in good condition. There were no leaks or spills observed near the SAA containers. The SAA container was later marked with appropriate hazard indication label during the inspection (Photo-3). In the same area, the inspectors observed universal waste also being stored (Photo-1). The universal waste comprised of spent aerosol cans and spent batteries. All the containers were observed to be closed and labeled as "Universal Waste". The oldest accumulation start date was observed to be 04/06/2023. The containers were observed to be intact and nonleaking. The maintenance shop also had one 80-gallon parts washer. According to Brian Thompson, the parts washer is serviced by Safety-Kleen. The parts washer unit was not in service during the inspection. Outside the maintenance shop, the inspectors observed one SAA container containing spent blast media located near the Bead Blaster equipment. The container was observed to be closed, labeled with the words "Hazardous Waste". The container was not marked with a hazard indication label to reflect the specific hazard associated with the waste . Pursuant to 401 KAR 39:080 Section 1(1) [40 C.F.R. 262.15(a)(5)(ii)], which is a condition of the SAA Permit Exemption, a generator is required to mark or label its containers with an indication of the hazards of the contents. The SAA container was later marked with appropriate hazard indication label during the inspection. EPA-RCRA CEI Report DuPont Specialty Products USA LLC EPA ID# KYR000065805 March 07, 2024 Page 4 of 9 C and D Refrigeration Building The inspectors observed two 55-gallon containers on the spill pallets (Photo-4). One 55-gallon SAA container with a latched funnel contained waste paint. The container was observed to be closed, labeled with the words "Hazardous Waste" and had a hazard indication label as "Flammable Liquid". The other 55-gallon container with a latch was also closed, labeled with the words "Universal Waste" contained spent aerosol cans. The container was dated 01/17/2024. Both the containers were observed to be intact and nonleaking. Adjacent to the SAA containing waste paint, there was another SAA on a spill pallet comprising of one 55-gallon container and a spill kit (Photo-5). The SAA container was observed to be closed, labeled with the words "Hazardous Waste" and had a hazard indication label. Central Accumulation Area There were three 55-gallon plastic containers on the spill pallets (Photo-6) in the CAA. All the containers were observed to be closed, labeled with the words "Hazardous Waste" and with accumulation start dates. The oldest accumulation start date was observed to be 12/13/2023. There were no hazard indication labels on the containers to reflect the specific hazard associated with the waste. Pursuant to 401 KAR 39:080 Section 1(1) [40 C.F.R. 262.17(a)(5)(i)(B)], which is a condition of the LQG Permit Exemption, a generator must mark or label its containers with an indication of the hazards of the contents. The containers were later marked with appropriate hazard indication labels during the inspection. There was universal waste and used oil container in the storage area. There was one container containing 4-foot used lamps. The container was closed, labeled, and dated; one 55gallon used oil container was also closed and labeled as "Used Oil". There were no leaks or spills in the accumulation area. The containers were observed to be in good condition. The storage area was equipped with a "No Smoking" sign and a spill kit. Record Review Once the inspectors completed the walkthrough of the facility, the inspectors were escorted to a conference room to conduct a review of the required documentation. The records reviewed for a three-year period included the following: Contingency Plan and Quick Reference Guide Personnel Training Weekly Hazardous Waste Inspection Log Hazardous Waste Manifests Waste Profiles Annual Report Hazardous Waste Reduction Plan EPA-RCRA CEI Report DuPont Specialty Products USA LLC EPA ID# KYR000065805 March 07, 2024 Page 5 of 9  Documents showing emergency arrangement with local authorities. There were no deficiencies observed during the records review. 12) Closing Conference An exit briefing was conducted at the conclusion of the inspection. Brian Thompson, DuPont, Callie Hattie, KDEP, Scott Gerstner, KDEP and Raj Aiyar, US EPA participated during the exit briefing. The observations made during the inspection were discussed and the inspection was concluded. Based on the inspection, the facility appeared to be operating as a large quantity generator of hazardous waste. 13) Signed Digitally signed by RAJAGOPAL RAJAGOPAL AIYAR AIYAR Date: 2024.05.02 09:54:24 -04'00' Raj Aiyar Date Environmental Engineer Concurrence ALAN NEWMAN Date: 2024.05.06 04:44:16 -04'00' Digitally signed by ALAN NEWMAN Alan R. Newman, Acting Chief Date RCRA Enforcement Section EPA-RCRA CEI Report DuPont Specialty Products USA LLC EPA ID# KYR000065805 March 07, 2024 Page 6 of 9 Attachment A Photographs of DuPont Specialty Products USA LLC EPA ID# KYR000065805 By: Callie Hite, KDEP EPA-RCRA CEI Report DuPont Specialty Products USA LLC EPA ID# KYR000065805 March 07, 2024 Page 7 of 9 Photo-1 SAA and Universal Waste (Maintenance Shop) Photo-2 SAA Container (Maintenance Shop) Photo-3 SAA Container (Maintenance Shop) EPA-RCRA CEI Report DuPont Specialty Products USA LLC EPA ID# KYR000065805 March 07, 2024 Page 8 of 9 Photo-4 SAA (C&D Refrigeration Building) Photo-5 SAA (C&D Refrigeration Building) Photo-6 Central Accumulation Area EPA-RCRA CEI Report DuPont Specialty Products USA LLC EPA ID# KYR000065805 March 07, 2024 Page 9 of 9