Document jB6GR6jQeQ7oGjD7Ozp2ngG85

Inspection Entry Date/Time Inspection Exit Date/Time Regulatory Program Type of Inspection EPA REGION 6 Enforcement Division INSPECTION REPORT 12/04/2023 08:30 AM (CT) Announced: No 12/08/2023 11:30 AM (CT) Access: Granted RCRA Focused Compliance Evaluation Inspection (CEI) Company Name 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 Mailing Address/Secondary Address City, State, Zip Code Port Houston Authority and Related Facilities Port Houston Authority and Related Facilities EPA Registry Id: 110035328053 111 East Loop North Houston, TX 77029 Harris N/A 488310 Port located on the Houston Ship Channel 29.7408, -95.2716 111 East Loop North Houston, TX 77029 Permit Number (If Applicable) Not Applicable Additional Persons Participating in Inspection: Name Title Organization Email Phone Elizabeth Pham Inspector EPA REGION 6 Pham.elizabeth@epa.gov (214) 665-8354 Sandesh Thapa Inspector EPA REGION 6 Thapa.sandesh@epa.gov (214) 665-2265 Dedriel Gardner Inspector EPA REGION 6 Gardner.Dedriel@epa.gov (913) 551-7049 Vince Damiano Contractor Eastern Research Vince.damiano@erg.com (703) 633-1732 Group (ERG) Cameron Tanaka Contractor Eastern Research Cameron.tanaka@erg.com (703) 633-1632 Group (ERG) ext. 11632 George Wieber Contractor Eastern Research George.wieber@erg.com (443) 883-5253 Group (ERG) Lead Inspector: Joseph Watson George Wieber Digitally signed by Joseph Watson Date: 2024.04.26 14:04:31 -04'00' ERG Digitally signed by George Wieber Date: 2024.04.26 12:18:08 -04'00' ERG Joe.watson@erg.com George.wieber@erg.com 4/26/24 (215) 891-6615 4/26/24 1 of 25 Port Houston Authority and Related Port Facilities Inspection Date(s): 12/04/2023 - 12/09/2023 SECTION I - INTRODUCTION Site Entry and Purpose of the Inspection Type of inspection: Focused Compliance Inspection (FCI) The Port Houston Authority and its tenants 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. On 11/08/23, Dedriel Gardner contacted Port Houston Authority to announce the inspection, but asked that it be unannounced to the tenants. A list of tenants that had 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) was provided to Port Houston Authority. MARPOL Annex V's contains regulations designed to prevent garbage pollution from ships. "Garbage" is broadly defined and may include RCRA-regulated wastes. This report is based on information supplied by the Port Houston Authority, tenant representatives, inspector observations, port related facilities, and records including photographs taken (see Appendix 1), verbal or written statements made during or after the on-site inspection, and 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/ Contactor/ERG Name Joseph Watson Phone Email (215) 891- Joe.Watson@erg.com 6615 Opening Closing Conf. Conf. Yes Yes RCRA Inspector/ Contractor/ERG Vince Damiano (703) 633- Vince.Damiano@erg.com 1732 Yes Yes RCRA Inspector/ Contractor/ERG RCRA Inspector/ Contractor/ERG Cameron Tanaka George Wieber (703) 6331632 ext. 11632 (443) 8835253 Cameron.Tanaka@erg.com George.Wieber@erg.com Yes Yes Yes Yes Inspector/Enforcement Dedriel Officer/EPA Region 6 Gardner Inspector/Enforcement Elizabeth Officer/EPA Region 6 Pham (913) 5517049 (214) 6658354 Gardner.Dedriel@epa.gov Pham.elizabeth@epa.gov Yes Yes Yes Yes Inspector/Enforcement Sandesh Officer/EPA Region 6 Thapa (214) 665- Thapa.sandesh@epa.gov 2265 Yes Yes 2 of 25 Port Houston Authority and Related Port Facilities Inspection Date(s): 12/04/2023 - 12/09/2023 Opening Conference The inspections at Port Houston Authority tenants and related facilities during the week of 12/04/2023 were conducted as a continuation of inspections conducted during the week of 11/08/2023, which are addressed in a separate inspection report. ERG contractors Joseph Watson (Lead), Vince Damiano, George Wieber, and Cameron Tanaka along with EPA Region 6 inspectors Dedriel Gardner, Elizabeth Pham, and Sandesh Thapa conducted the inspections during the week of 12/04/2023. Port Houston Authority is a landlord port that leases property to tenants. Each tenant is responsible for submitting their own MARPOL Annex V COA, and waste removal from ships is typically coordinated by ship agents and contracted out to third parties. Opening conferences were held at each individual tenant or related facility site before conducting each inspection. During the opening conferences, the following items were discussed: Introductions and contact information; representatives were asked to fill in a sign-in sheet. The purpose of EPA's visit and EPA's authority under RCRA Section 3007. Inspector credentials were presented at each site. The right of the business to claim information as confidential business information (CBI). Inspections conducted during the week of 12/04/2023 were unannounced unless otherwise noted. Facility/Site Information Number of employees Length of Facility at this Location Operating Hours Safety Training Provided to Inspector(s)? Size of Facility What type of generator facility notified? 600-700 Port Houston has been operating for over 100 years 24 hours, seven days per week. Administration hours are 6:00 am to 7:00 pm, Monday - Friday. No. Not required Port Houston Authority owns approximately 13,500 acres. Individual tenants and related facilities were discussed separately. The facility itself is not a hazardous waste generator but has tenants that operate with separate generator IDs. What type of generator facility verified as? Generator status not verified as this was a focused inspection to evaluate facilities at ports receiving or transporting RCRA regulated hazardous wastes. 3 of 25 Port Houston Authority and Related Port Facilities Inspection Date(s): 12/04/2023 - 12/09/2023 Process Description Port Houston Authority handles the most containers of any port on the U.S. Gulf Coast. Port Houston Authority has eight public terminals where they lease land and terminals to tenants along the Houston ship channel. During the duration of the inspection, the inspection team focused on visiting Port Houston Authority tenants who had a MARPOL Annex V COA. The inspection team conducted inspections near the Port Houston Authority's tenants that we deemed influential to the EPA's Port Initiative. Tenant(s) - In order of inspection date. Tenant/Area LBC Houston LP E3 OMI, LLC Vopak Terminals Deer Park, Inc. Inspection Process Description Date Area of Concern 12/04/23 LBC Houston LP (LBC) operates two contiguous terminals Yes identified as the Bayport terminal and the Seabrook terminal. Crude oil is transferred and stored at the Seabrook terminal via pipeline, barge, and ship. The Bayport terminal transfers and stores various chemicals and refined products including diesel, benzene, toluene, base oils, neutral oils, specialty chemicals, butyl acrylate, vinyl acrylic monomer, and acetic acid with all modes of transportation for loading and unloading (by truck, rail, ships, barges, and pipelines). LBC maintains MARPOL Annex I, II, and V certificates. 12/05/23 E3 OMI, LLC (E3 OMI) provides environmental emergency Yes response, industrial remediation, and waste transportation/disposal services. E3 OMI serves as a Person in Charge (PIC) to facilitate the removal of product or waste from ships to shore, where they sometimes utilize their vacuum trucks to pump waste material into frac tanks. E3 OMI does not maintain MARPOL certificates since their PIC certificate allows them to oversee the removal of waste from ship to shore. If not left at the generating facility, E3 OMI may bring containerized waste back to their facility for profiling, temporary storage, and shipment off site for disposal. 12/05/23 Vopak Terminal Deer Park, Inc. (Vopak) transfers products No between pipeline, truck, rails, barges, and vessels. Vopak manages products in storage tanks on site and focuses on refined chemical products such as lubricant oils, styrene monomer, benzene, methylene chloride, olefins, C-14 compounds, diaphragm caustics, and membrane caustics. Their hazardous waste generation is mostly from tank cleaning and line flushing in the form of aqueous contaminated material and absorbent waste. Vopak maintains MARPOL Annex I, II, and V certificates. MARPOL washes from ships are transferred to barges or hard piped to trucks via dedicated MARPOL lines. The wash waste is handled by a third party. 4 of 25 Port Houston Authority and Related Port Facilities Inspection Date(s): 12/04/2023 - 12/09/2023 Richardson Steel Terminal (Woodhouse) 12/05/23 Richardson Steel Terminal (Woodhouse) operates three No docks that can fit three ships or barges and a slip that can fit two smaller ships or vessels. The facility loads and unloads ships with steel products, slabs, pipe, rebar, wire rope, and coils from ships. They also load these items onto trucks and rail cars. The facility does not generate hazardous waste. The facility maintains MARPOL Annex I and V certificates but does not allow for removal of waste from ships. Phoenix Pollution 12/05/23 Phoenix Pollution Control and Environmental Services Yes Control and (Phoenix) provides emergency response cleanup and Environmental Services waste transfer services. Specific process and business information claimed as CBI. K-Solv LP 12/06/23 K-Solv LP has two primary operations: barge cleaning and Yes chemicals. Barge cleaning operations include stripping heels from RCRA-empty barges and blending, repacking, and selling the material as a product. The recovered liquid heels may include diesel, glycols, and gas blends. Used oil generated on site is also blended and sold off as product. The chemicals division operates by buying, blending, and selling chemicals, including styrene. K-Solv LP does not maintain any MARPOL certificates. Jacintoport International 12/06/23 Jacintoport International LP (Jacintoport) who receives a Yes LP wide variety of products from ships such as food, cars, chemicals in ISO tanks, steel products, slabs, pipes, rebar, and wire coils. Any bulk chemicals are received in bulk containers. When receiving slop water or wastes, they have dedicated hookups on their docks to directly transfer the wastes to trucks for shipment off site. Most of the materials they receive are non-hazardous shipping containers that are moved to their cargo yard. Jacintoport maintains MARPOL Annex I and V certificates. Houston Fuel Oil Terminal Company 12/06/23 Houston Fuel Oil Terminal Company (Houston FOTC), No subsidiary of Energy Transfer, performs bulk oil storage and transport of crude and fuel oil. Houston FOTC generates non-hazardous waste in the form of oily sludge from cleanouts and rock and debris that are contaminated from material transfers. The facility has five ship docks and seven barge docks. They load and unload products from ships and pipelines, and unload material from trucks and railroads. Wash water from tank cleanouts is treated on site in their wastewater treatment plant (WWTP) and discharged through their outfall. Wastes generated on site are shipped via third party truckers to Crystal Clean. They do not transport hazardous waste. The facility maintains MARPOL Annex I and V certificates. ACCP Inc. Channelview 12/06/23 ACCP Inc. Channelview (ACCP Channelview) provides Yes waste transportation services that include picking up USDA regulated waste from ships, steam-treating the waste, and shipping the treated waste to the McCarty Road Landfill 5 of 25 Port Houston Authority and Related Port Facilities Inspection Date(s): 12/04/2023 - 12/09/2023 for disposal. The waste streams they encounter mostly consist of foods, plastics, scrap metals, and wood such as dunnage. ACCP Channelview removes used oily water and slops from ships, but only about once per quarter. The used oil is stored on site in drums for no more than 2 weeks and then picked up by Jordan Oil and Recycling (EPA ID TXR000081596). ACCP Channelview maintains MARPOL Annex I and IV certificates. ACCP Inc. Dickinson 12/07/23 ACCP Inc. Dickinson (ACCP Dickinson) provides waste Yes transportation services for ships and operates three boats for waste pickups. They generate used oil and e-waste from their own boat operations. Wastes received from ships include USDA-regulated trash, cooking waste (oil), e- waste, rope, and ash. They also occasionally receive sludge waste in drums and remove it through a third- party contractor who vacuums the sludge out of the drums on site. No liquid chemicals or materials are removed from the ships besides sludge. ACCP Dickinson maintains MARPOL Annex I and V certificates. Wilhelmson Port Services, Inc. 12/07/23 Wilhelmson Port Services, Inc. (Wilhelmson) serves as a No shipping agent and facilitator to get vessels into terminals and as a service provider to provide drivers and arranging access for third parties to offload vessels. Wilhelmson does not have physical assets associated with dock operations. The company contracts with third parties to receive and manage cargo slops and other MARPOL wastes from ships. Wilhelmson stores various products and generates unused or expired material as hazardous waste. Wilhelmson maintains MARPOL Annex I and V certificates. Texana Waste Services 12/07/23 Texana Waste Services LTD (Texana) operations consist of Yes LTD picking up and transporting garbage for steam-treating under USDA regulations (for international ships) or directly to disposal (for domestic ships). Texana also accepts oily rags and engine sludge from ships. The oily rags and engine sludge are accumulated at the Texana site prior to being picked up by a third party. Other types of waste Texana accepts is e-waste, empty used oil drums, expired medications, and expired flares or pyros. Texana maintains a MARPOL Annex V certificate. Inchcape Shipping Services 12/08/23 Inchcape Shipping Services (ISS) operates as a shipping No agent company. ISS does not have physical assets associated with dock operations and is a non-generator of hazardous waste. ISS coordinates third-party waste pickups or transporters for receiving wastes from ships, including MARPOL-regulated waste. ISS does not maintain a MARPOL certificate. 6 of 25 Port Houston Authority and Related Port Facilities Inspection Date(s): 12/04/2023 - 12/09/2023 SECTION II - OBSERVATIONS - In alphabetical order. Tenant: LBC Houston LP Section: 2.1 Date: 12/04/23, 11:36 A.M. Contains AOC: Yes Contains CBI: No Lead Inspector: Joseph Watson Attendees: Tony Kinner (Terminal Manager), Glen David (Environmental Coordinator), Derek Ely (Utility Leader), Jason Wood (Compliance and LEAN Manager), Bobby Panepinto (Regional Manager of Regulatory Compliance) Facility personnel provided a summary of operations at LBC. LBC personnel provided a site plan from 2021, which is included as Appendix 3. They have two separate RCRA permits, one on the east side (Bayport, TXD000719286) and one on the west side (Bayport West and Seabrook, TXD096602941). The Bayport West and Seabrook side has two ship docks and two barge docks. Material at the Bayport West and Seabrook facility is all crude oil which is also transferred via pipeline. The Bayport side has various chemicals with all modes of transportation for loading and unloading (by truck, rail, ships, barges, and pipelines). The Bayport facility has three ship docks and five barge docks. The products they store and transfer include diesel, benzene, toluene, base oils, neutral oils, specialty chemicals, butyl acrylate, vinyl acrylic monomer, and acetic acid. Both sides of the facility are large quantity generators (LQGs) of hazardous waste. The facility generates RCRA regulated waste including waste codes D001, D018, D035, U019, U220, U002, and U154. Hazardous wastes include flushing waste from tank cleaning and line flushing. LBC generally recycles this flushing waste by sending it back to the original shipper or manufacturer of the product for reuse, but LBC manages the flushing waste as hazardous waste if not recycled. Tank cleaning wastes are accumulated in frac tanks and hose washing wastes accumulate in 55-gallon drums. If material is deemed off specification or unrecyclable, they generally drum these materials and ship them off site for disposal. Recycling generally depends on customer restrictions, with LBC making the final decision as to whether to recycle material or not. Non-hazardous wastes generated on site include soapy cleaning residue, dried paint waste, and wastewaters that go to a publicly owned treatment works (POTW). LBC recycles used oils from maintenance. LBC has some mercury containing wastes, including broken thermometers and thermostat switches, but facility personnel stated that they are gradually getting away from the use of mercury-containing equipment. The facility has one CAA on site, located on the Bayport side. The inspection team reviewed manifests and noted their transporters include CIMA Services LP, Specialty Energy Services, Crawford Truck Inc., and Clean Harbors Environmental Services. LBC maintains a MARPOL Annex I, II, and V COA. Any waste taken off ships is handled by the third-party shipping agency and a shipping agent. LBC does not store waste from ships on site, and the waste is immediately trucked off site by the third-party organized by the shipping agent. These ship to shore transfers to a third-party are infrequent according to LBC personnel, about once per year for engine room slops. LBC does not facilitate any ship-to-ship transfers. LBC sends an official MARPOL document with requirements for all the MARPOL regulations to ships that are requesting to offload waste. The document allows LBC to track the waste material offloaded from the ships. Each LBC dock has its own designated MARPOL line for transferring waste off of ships. The inspection team conducted a site walkthrough and viewed the facility's CAA and a ship dock, both for the Bayport facility (EPA ID number TXD000719286). The inspection team did not conduct a visual walkthrough of the Bayport West and Seabrook facility. The inspection team noted that there were hazardous waste drums of incompatible materials, including acids and organic material, stored in the same berm area of the CAA (see Appendix 1 - Photos 3 and 4). [AOC #1: Containers holding hazardous waste were stored within the same bermed area as other containers holding incompatible wastes - 40 CFR 262.17(a)(1)(vii)(C)] LBC also had four drums dated 12/1/23 that were labeled as benzene but did not have a hazardous waste label. LBC personnel stated that the waste material was from hose washing and that a hazardous waste label would be placed on them (see Appendix 1 - Photo 1 and 2), [AOC #2: 7 of 25 Port Houston Authority and Related Port Facilities Inspection Date(s): 12/04/2023 - 12/09/2023 Containers of hazardous waste were not labeled with the words "Hazardous Waste". - 40 CFR 262.17(a)(5)(i)(A)] The inspection team did not observe other apparent AOCs at the time of the inspection. A closing conference was conducted at approximately 2:15 PM with LBC personnel. The AOCs were communicated during the closing conference. Tenant: E3 OMI, LLC Section: 2.2 Date: 12/05/23, 8:30 A.M. Contains AOC: Yes Contains CBI: No Lead Inspector: George Wieber Attendees: Siok Hong Chen-Sabot (Waste Disposal Manager), Nick Perez (Safety Manager), Marty Bienvenu (COO), Tony Stampen (Operations Manager) Mr. Bienvenu, Chief Operating Officer, explained that the operations of E3 OMI primarily consist of environmental emergency response, industrial remediation, and waste transportation/disposal. When ships need to remove waste, ship agents contact E3 OMI. E3 OMI acts as a PIC to facilitate the removal of product or waste from ships to shore. E3 OMI sometimes utilize their vacuum trucks to pump material into frac tanks. E3 OMI is not a generator of hazardous waste. Although E3 OMI does not maintain MARPOL COAs, their PIC certificate allows them to oversee the removal of waste from ship to shore. Ms. Chen-Sabot explained when E3 OMI conducts remediation or an environmental clean-up, the first option would be to drum up the waste in 55-gallon drums and leave the drums with the client for them to dispose of. If the client does not have an EPA ID number to dispose of the hazardous waste, E3 OMI will bring the drummed waste back to the facility, profile the waste, store the waste in their waste storage area, and send the waste off site for disposal. Ms. Chen-Sabot explained that E3 OMI conducts weekly inspections of the one central accumulation area (CAA) and waste storage logs. An example of the facility's waste policy and CAA inspection checklist can be found in Appendix 4. E3 OMI provided the inspection team with copies of the facility's waste logs from March through December 2023 (see Appendix 5). Upon review, ERG found seven instances in the waste logs where there has been hazardous waste stored on site for more than 10 days since June 2023. The instances found on the waste log of a waste being labeled as hazardous waste and stored more than 10 days since June 2023 are as follows: 1) Ammonia hydracid began storage 11/22/2023 and was disposed of 7/5/2023. 2) Phosphoric acid began storage 12/22/2023 and was disposed of 8/9/2023. 3) Nitromethane began storage 5/22/2023 and was disposed of 7/6/2023. 4) Sulfuric acid began storage on 7/19/2023 and was disposed of 8/25/2023. 5) Diesel/water/fire foam began storage on 9/11/2023 and was disposed of 10/18/2023. 6) Red dye diesel began storage on 9/20/2023 and was disposed of 10/11/2023. 7) Methacrylonitrile began storage on 9/27/2023 and was not disposed of yet. Prior to June 2023, there were several instances in the waste logs where it is unclear if the hazardous waste was ever disposed of or moved off site within 10 days. This does not meet the requirements set forth in 40 CFR 263.12 where a transporter can store hazardous waste at a transfer facility for a period of 10 days or less (see AOC #3 listed below). E3 OMI operates under EPA Transporter ID number TXD981055163. After our opening conference with E3 OMI staff, the inspection team conducted a visual walkthrough of the facility and CAA. Upon entering the CAA, the inspection team found one 55-gallon drum of methacrylonitrile hazardous waste (see Appendix 1 - Photos 5 and 6). Facility personnel indicated that the drum contained sorbent pads, hoses, and PPE with methacrylonitrile residues. The label had an 8 of 25 Port Houston Authority and Related Port Facilities Inspection Date(s): 12/04/2023 - 12/09/2023 accumulation start date of September 27, 2023, which put it past the ten-day storage limit for hazardous waste at a transfer facility. [AOC #3: The transporter stored manifested hazardous waste for more than ten days. - 40 CFR 263.12] No other apparent AOC was noted from the inspection. Upon returning to the conference room after the visual walkthrough, Ms. Chen-Sabot explained that the drum of methacrylonitrile hazardous waste was part of an emergency clean-up response at a facility and it sometimes takes extended periods of time to properly profile waste when it is part of an emergency clean-up. Ms. Chen-Sabot provided the inspection team with the waste profile of methacrylonitrile which contained RCRA regulated waste codes D001 and U152 (see Appendix 6). The inspection team requested the field notes from the clean-up response team (see Appendix 7) and a timeline of events for the methacrylonitrile drum since it has arrived at E3 OMI (see Appendix 8). In the timeline, Ms. Chen-Sabot explained two disposal facilities contacted would not accept this waste profile, which is the reason it was still on site. Following the inspection, the waste profile was accepted by Clean Harbors and had a tentative pick-up date of December 12, 2023. The inspection team did not observe other apparent AOCs at the time of the inspection. A closing conference was conducted at approximately 11:00 AM with K-Solv LP personnel. The AOC was communicated during the closing conference. Tenant: Vopak Terminals Deer Park, Inc. Section: 2.3 Date: 12/5/2023, 9:50 A.M. Contains AOC: No Contains CBI: No Lead Inspector: Joseph Watson Attendees: Joseph Kyte (Operations Manager), Bridgette Bolls (Environmental Compliance), Shelby Cole (Waste Specialist), Gary Jackson (SHEQ Director), Kevin Simmons (Training Manager) Facility personnel provided a summary of operations at Vopak. Vopak opened in the 60s to late 70s as Pak Tank and has gone through several expansions since then. They currently have 258 tanks, five ship docks, and six barge docks on site. Two of the barge docks are finger piers that can take two barges at a time, so Vopak can handle eight barges at a time. They also have 13 connected pipelines that deliver products to their approximately 22 customers, and they transfer material between truck, rails, barges, and vessels. They transfer primarily from ships to ships, and they also transfer from ships to trucks. They receive and ship off product material by truck, rail, barge, and vessel. This material is transferred by pipeline to their storage tanks. They are focused on refined chemical products such as lubricant oils, styrene monomer, benzene, methylene chloride, olefins, C-14, diaphragm caustics, and membrane caustics. They have 14 tanks that handle the caustic materials. They do not process any materials and only perform storage. The facility is a LQG of hazardous waste under the EPA RCRA ID TXR000079035. Their hazardous waste generation is mostly from tank cleaning and line flushing in the form of an aqueous contaminated material. For flushes, they will save the material if it is pure product. They try to put the material back into a process if they can, but they will not use material in another process. Waste from line flushing is emptied into drums or could go out as a frac tank if the volume is large enough. For tank cleaning, bulk liquid would be removed via a vacuum truck and sent to a frac tank. They also generate adsorbent waste. Wastes are typically customer driven. They also generate non-hazardous wastes such as personal protective equipment. Painting waste is generated and managed off site as hazardous waste. Universal waste includes used batteries from their maintenance shop. They do not have any universal waste lamps as nearly all of their lamps are LED. Used oil from their maintenance shops is recycled. No hazardous waste wash water is sent to a POTW directly as it goes to the WWTP under their neighboring facility. They have a CAA in the west side of their facility. The waste is moved to an affiliated but separate facility in the east of their facility to ship out the waste. After reviewing manifests, they have transferred D001, D012, D018, D085, U019, U220, U002, and U154 wastes. 9 of 25 Port Houston Authority and Related Port Facilities Inspection Date(s): 12/04/2023 - 12/09/2023 Vopak is certified with a MARPOL Annex I, II, and V COA. In the case of offloading MARPOL material, ships will contact an agent who will contact a Marine Traffic Operator and tell Vopak that they need MARPOL material offloading services. If trucks come in, the agent and third-party vendors do all of the paperwork. No refuse or garbage is manually transferred off site. MARPOL material services are all liquids that Vopak has dealt with, and MARPOL materials have their own pipelines to move material to third party barges or trucks who immediately bring the material off site. This material is not stored at Vopak. There is an order system that makes orders for a MARPOL service. The order system log does not include the vendor; it only includes the ship owner and the agent. The inspection team conducted a drive-by visual observation of the facility and dock areas. The dock areas have a dedicated dock man to ensure all requirements are met. At the CAA, the inspection team met with Darrell Hailey (Waste Supervisor/Environmental Systems Operator) and Clint McGlynn (Environmental Systems Manager). The storage area held about 15 drums with the oldest being from October 13th, 2023. They were all labelled, in good condition, and had an accumulation start date. During the visual walkthrough, the inspection team did not observe any apparent AOCs. A closing conference was conducted at approximately 11:45 AM with Vopak personnel. Tenant: Richardson Steel Terminal (Woodhouse) Section: 2.4 Date: 12/5/2023, 1:15 P.M. Contains AOC: No Contains CBI: No Lead Inspector: Joseph Watson Attendees: Ana Sanchez (Safety Coordinator and DOT Compliance), Troy Suber (Safety Manager) Mr. Suber, Safety Manager, explained the site operations to the inspection team. Woodhouse loads and unloads steel products, slabs, pipe, rebar, and wire rope and coils. They load trucks and rails from ships and do not have any storage areas. In terms of waste, the facility is not a generator of hazardous waste. Used oil was generated from maintenance operations but these operations are no longer performed at this facility. They dispose of wood waste planes in a dumpster, which is picked up by Gainsborough. Dunnage is collected and transported off site to another Woodhouse facility for burning. Any fluorescent lamps are taken by a contractor and bulbs are disposed of at the Home Depot. No paint wastes are generated at the facility. To the best of Mr. Suber's knowledge, no waste has been removed from a vessel in 12 years. Still, the facility maintains a MARPOL Annex I and V COA through the PHA. The PHA also manages these COAs for them. In the case that they were to receive MARPOL Annex I or V waste, an agent would contact their shipping director, Steve Richardson, who would contact the PHA. The inspection team conducted a drive-by visual observation of the facility and dock areas. During the visual observation, the inspection team did not observe any apparent AOCs. A closing conference was conducted at approximately 2:30 PM with Woodhouse personnel. Tenant: Phoenix Pollution Control and Environmental Services, Inc Section: 2.5 Date: 12/05/2023, 2:00 P.M. Contains AOC: Yes Contains CBI: Yes Lead Inspector: George Wieber Attendees: Nelson Fetgatter (President), Mark Frazee (Waste Coordinator), Travis Fetgatter (Operations Manager) 10 of 25 Port Houston Authority and Related Port Facilities Inspection Date(s): 12/04/2023 - 12/09/2023 Mr. Fetgatter, President of Phoenix, explained that Phoenix operates mostly as an emergency response company to environmental emergencies on the water involving barges, ships, and waterfront operations. At the end of the inspection, Phoenix made CBI claims for non-public information from the inspection. During the walk through of the facility, the inspection team observed six 55-gallon used oil drums that were unlabeled. [AOC #4: Used oil storage containers were not labeled "Used Oil". - 40 CFR 279.22(c)(1)] No other apparent areas of concern were noted during the inspection. Photographs and information regarding the inspection of Phoenix's facility can be found as a CBI attachment to this document. The inspection team did not observe other apparent AOCs at the time of the inspection. A closing conference was conducted at approximately 4:15 PM with Phoenix personnel. The AOCs were communicated during the closing conference. Tenant: K-Solv LP Section: 2.6 Date: 12/6/2023, 8:30 A.M. Contains AOC: Yes Contains CBI: No Lead Inspector: George Wieber Attendees: Kodi Scott (Compliance Coordinator), Bernard Nelson (Lead Environmental), Jaime Armendariz (AARC Consultant) Mr. Scott, Compliance Coordinator for K-Solv LP, explained there are two divisions at this site - barge cleaning and chemicals. The barge cleaning side operates at the dock cleaning RCRA empty barges. They strip heel from the barges and the heel is blended, repacked, and sold as a product. These salvaged products include diesel, glycols, and gas blends. Used oil generated on site is also blended and sold as product. Wash water from cleaning activities is sent out either for reclamation or class 1 non-hazardous waste to Delta Water Processing. The wash water is transported using 130-barrel vacuum trucks. Other waste solid waste streams at the dock are put into totes or roll-off containers. K-Solv LP chemicals division operates by buying, blending, and selling chemicals. The primary sources of waste from this division are reacted (polymerized) styrene totes and broken glass from sampling. K-Solv LP does not maintain any MARPOL COAs but does operate as a small quantity generator (SQG) with EPA ID TXR000068908. After our opening conference with K-Solv LP staff, the inspection team conducted a visual walkthrough of the facility and dock areas. During the walkthrough, the inspection team observed several totes of hardened/gelled styrene managed as non-hazardous waste in the drum storage area next to the warehouse. The totes of hardened styrene varied in consistency, and one of the totes was deformed due to the styrene polymerization inside the tote (see Appendix 1 - Photos 13 and 14). The inspection team asked about the waste determination and point of generation for hardened styrene waste. The facility stated that the totes of styrene are considered product until they are fully hardened or polymerized, then they are managed as non-hazardous waste polymer. The point of generation for styrene material in the tote may be once the polymerization is first observed as opposed to full hardening of the styrene material. [AOC #5: The hazardous waste determination for each solid waste must be made at the point of waste generation - 40 CFR 262.11(a)] In the drum storage area next to the warehouse, there were four totes of 2-ethylhexanol, two 275gallon totes of vinyl acetate monomer, and one tote of a solvent mixture (all containing some material or not RCRA empty) which did not have a waste determination made at the time of the 11 of 25 Port Houston Authority and Related Port Facilities Inspection Date(s): 12/04/2023 - 12/09/2023 inspection (See AOC #7 listed below). The Manager of the warehouse at K-Solv LP, Ricky Naron, stated that the solvent mixture tote contained perchloroethylene, methanol, and other solvents and that the solvent mixture in the tote was generated from an error in blending. Facility personnel stated that they planned to re-blend the material when possible. The tote of solvent mixture was only labeled as methanol and was not dated or labeled with an identification number. The inspection team requested information on tracking information for the tote to ensure that it is re-blended. The facility did not provide tracking information after the follow-up request was made at the end of the inspection. [AOC #6: The facility did not prove the recycling of hazardous secondary materials was legitimate. - 40 CFR 260.43 (a)(1)] The inspection team raised concerns at the labeling and management of the totes in the waste storage area and requested a waste determination to be made on the four totes of 2-ethylhexanol, two 275-gallon totes of vinyl acetate monomer, and one tote of a solvent mixture as it was unclear if these were considered wastes or products. There were also pallets of engine degreaser that appeared to be abandoned or destroyed, with some containers crushed and others remaining full. (see Appendix 1 - Photos 11 and 12) [AOC #7: Hazardous waste determination must be made on each solid waste - waste like materials - 40 CFR 262.11] The inspection team observed two 55-gallon drums labeled as benzene and, when asked if these were product or waste, Mr. Scott and Mr. Nelson were uncertain (see Appendix 1 - Photo 15). After checking with operations, it was determined the benzene drums were considered product. Upon observing the dock and barge cleaning area, the inspection team found a roll-off container that was used to collect oily material such as rags, debris, and PPE. This roll-off container is managed as nonhazardous waste and sent to a landfill for disposal. The inspection team observed a sludge-like material in the roll-off container that appeared to have some free liquids (see Appendix 1 - Photos 16 and 17). The inspection team communicated to the facility representatives that each solid waste material added to the roll-off container should have a waste determination made at the point of generation prior to mixing. [AOC #8: Hazardous waste determination must be made on each solid waste at the point of generation before any mixing - 40 CFR 262.11(a)] The facility representatives stated that analytical data was previously collected and available for waste accumulated in the rolloff container by the barge cleaning area. Following the visual walkthrough, the inspection team requested waste determination information for the totes of solidified vinyl acetate monomer and 2-ethylhexanol by the warehouse, analytical data for waste in the roll-off container by the barge cleaning area, an inventory or tracking information for materials in totes by the warehouse, a recent bill of lading for spent activated carbon sent off site for recycling, and information on the company that receives spent lamps from K-Solv LP. The inspection team did not observe other apparent AOCs at the time of the inspection. A closing conference was conducted at approximately 10:45 AM with K-Solv LP personnel. The AOCs were communicated during the closing conference. The inspection team did not receive the requested items or follow-up from K-Solv LP by the time of writing this report. Tenant: Jacintoport International LP Section: 2.7 Date: 12/06/23, 8:45 A.M. Contains AOC: Yes Contains CBI: No Lead Inspector: Joseph Watson Attendees: Troy Hudson (Safety Inspector), Stephen White (HSE Supervisor) 12 of 25 Port Houston Authority and Related Port Facilities Inspection Date(s): 12/04/2023 - 12/09/2023 Mr. White, HSE Supervisor, provided a summary of the operations at Jacintoport. The facility is a permitted transfer facility who receives a wide variety of products from ships, such as food, cars, chemicals in ISO tanks, steel products, slabs, pipes, rebar, and wire coils. Jacintoport International LP stopped using their containment areas about two years ago. Their state transfer facility permit allows them to store material for up to 10 days. For the last two years, the material they receive has been primarily transported off site the same day it is unloaded. The only times Jacintoport may store material on site for more than a day is when there are not enough trucks present on site to remove the material off site. After Jacintoport stopped using dedicated containment areas, they began to use a containment chassis with a containment wall for the rare occasions where they would store material for more than a day. When receiving slop water or other wastes, they have dedicated hookups on their docks to directly discharge the waste to trucks only. Any bulk chemicals are received in bulk containers. Most of the materials they receive are non-hazardous containers that are moved to their cargo yard. To the best of Mr. White's knowledge, they have never staged any hazardous waste on their containment chassis for more than 10 days. The facility has three containerized ship docks and pipeline connectivity to receive and ship material. No hazardous waste comes off the ships via pipeline. The facility does not generate any hazardous waste to the best of Mr. White's knowledge. They generate paint waste from painting barricades and lines on the ground, and empty paint cans are put into metal recycling. They also have an aerosol paint can crusher. Dunnage is generated primarily from piping shipments and all wood waste is placed in a dumpster. The primary source of leaks is due to leaking vehicles that did not have their fluids removed before being placed in containers they receive. The facility's fluorescent lamps are removed by a contractor, Crystal Clean. The facility maintains a MARPOL Annex I and Annex V COA. To the best of Mr. White's knowledge, they have never had to receive any waste that applies under these annexes. If they were to receive this type of waste, the ship would contact an agent who would contact the marine traffic operator who would tell the facility they wanted to do a MARPOL removal at their location. The inspection team viewed a Spill Prevention, Control, and Countermeasure (SPCC) plan with RCRA contingencies written in it. Their RCRA ID#, from this SPCC plan, is TXR000056820. They are listed on RCRAInfo as a transporter of hazardous waste, a transfer facility, and a non-generator of hazardous waste, but Mr. White indicated that they do not have truck drivers on site who transport waste off site. Any hazardous waste they receive goes to Clean Harbors on trucks arranged by the client who owns the ship or vessel. All other wastes are transported from docks to third party truckers who ship the material to Crystal Clean. After our opening conference with Mr. White, the inspection team conducted a drive-by visual observation of the dock areas and facility where team lead Joseph Watson would leave vehicle to further inspect possible areas on concern, such as the containment chassis. The inspection team took three photographs. One is of the previous containment area (see Appendix 1 - Photo 8), one is of the maintenance shop aerosol can area (see Appendix 1 - Photo 9) and one is of the containment chassis (see Appendix 1 - Photo 10). The inspection team noted that in the maintenance shop's aerosol can area Jacintoport was puncturing cans, collecting the residuals from the cans, and sending the liquids off as universal paint waste. However, they were collecting liquids from non-paint waste such as WD-40 and brake cleaners and mixing it in with the paint waste. The residuals from the non-paint wastes would be a hazardous waste, depending on the materials involved, and Jacintoport was handling this waste as universal paint waste. Since they mixed hazardous waste with a state universal waste, the mixture will be a hazardous waste. Mr. White indicated they go through 1-2 drums a year and designate them as universal paint waste. [AOC #9: Hazardous waste determination must be made on each solid waste - waste like materials. - 40 CFR 262.11] No other apparent areas of concern were noted from the inspection. 13 of 25 Port Houston Authority and Related Port Facilities Inspection Date(s): 12/04/2023 - 12/09/2023 Following the visual walkthrough, the inspection team requested electronic copies of their SPCC Plan, their transfer facility permit, a list of transporters who remove waste off site from ships, the 7-day notification email they send to ensure contained materials are taken offsite by the 10-day limit, and their consultant's justification for how the facility is designated under RCRA. The inspection team did not observe other apparent AOCs at the time of the inspection. A closing conference was conducted at approximately 12:00 PM with Jacintoport personnel. The AOC was communicated during the closing. The inspection team did not receive the requested items or follow-up from Jacintoport by the time of writing this report. Tenant: Houston Fuel Oil Terminal Company Section: 2.8 Date: 12/06/23, 1:00 P.M. Contains AOC: No Contains CBI: No Lead Inspector: Joseph Watson Attendees: Benoit Lamarche (Environmental Manager), Katlynn O'Malley (Environmental Specialist), Holly Heil (Environmental Specialist), Charles Suggs (Operations Manager) Facility personnel provided a summary of operations at Houston FOTC. Houston FOTC performs bulk oil storage and oil transport of crude and fuel oil. The facility conducts 10-year tank inspections and generates tank cleanout sludge at the facility. Houston FOTC generates non-hazardous waste in the form of this oily sludge and from rock and debris contaminated from material transfers. The oily sludge is held in vacuum boxes. A third party recycles the oily wastes and returns what can be recycled. The facility has five ship docks and seven barge docks. They load and unload products via ships and pipelines, and unload products to trucks and railcars. Wash water is treated on site at their on-site WWTP, and water is discharged through their outfall. There is no universal waste paint generated on site as contractors remove all their unused paints and empty paint cans go into metal recycling. Houston FOTC operates an aerosol can puncture unit and the punctured aerosol cans are recycled as metal scrap. Houston FOTC maintains a MARPOL Annex I and V COA that expire on August 19, 2026. No MARPOL waste has been removed from a vessel to the best of Mr. Lamarche, Ms. O'Malley, Ms. Heil, or Mr. Suggs' knowledge. If they were to receive MARPOL waste, the ship with the waste would contact an agent who would contact a marine traffic operator and tell the facility that they wanted to do a MARPOL transfer. If a truck were to come in to receive the waste, the agent and third-party vendor would do all of the paperwork. Their used oil and batteries from maintenance shops and services on-site are all taken off site. Their lamps were packaged and shipped off site. Houston FOTC is registered with the EPA under TXD097307029 as a SQG of hazardous waste and they rarely generate hazardous waste. Facility staff could not find any manifests of hazardous waste shipped off site over the last five years during the inspection. They also listed AW Coastal Plains as their waste management facility for rock and debris, under the EPA ID TXR000084637. Wastes are transported from docks to third party truckers who ship the material to Crystal Clean and they do not transport any hazardous waste. The facility has one CAA that generally contains used rags for oily waste. The inspection team walked through each CAA and took a windshield visual of the dock area. No apparent AOCs were observed during this visual walkthrough. Following the visual walkthrough, the inspection team requested a manifest of their most recent hazardous waste shipment, if available, and documentation that their lamps were shipped off site. During the visual walkthrough, the inspection team did not observe any apparent AOCs. A closing conference was conducted at approximately 3:30 PM with Houston FOTC personnel. The inspection team did not receive the requested items or follow-up from Houston FOTC by the time of writing this report. 14 of 25 Port Houston Authority and Related Port Facilities Inspection Date(s): 12/04/2023 - 12/09/2023 Tenant: ACCP Inc. Channelview Section: 2.9 Date: 12/06/23, 1:00 P.M. Contains AOC: Yes Contains CBI: No Lead Inspector: George Wieber Attendees: Claudio Munoz (Driver), David Armstrong (President) Mr. Armstrong, President, explained to the inspection team that ACCP Channelview operations primarily consist of receiving and transferring USDA-regulated waste from ships, steam-treating the waste, and shipping the treated waste to McCarty Landfill for disposal. USDA-regulated waste consists of domestic garbage, primarily food scraps and domestic waste. ACCP also manages other waste streams from ships including plastics, scrap metals, universal waste batteries and paint-related materials, wood such as dunnage, and occasionally oily water or engine room sludge (which were managed as used oil by ACCP). The ACCP Channelview location only manages USDA-regulated waste and used oil based on discussions with facility personnel. ACCP uses boats associated with their Dickinson, TX location (Section 2.10) to pick up waste from ships offshore. USDA-regulated waste is picked up in plastic lined USDA-approved sacks, and non-USDAregulated waste may be received in sacks, drums, or as scrap material. Once the waste arrives at the ACCP Dickinson dock, ACCP Channelview transports the USDA-regulated waste to be steam-treated using their fleet of trucks. Mr. Armstrong explained the steam treatment of USDA-regulated waste kills foreign bugs, viruses, and diseases. He stated they steam-treat waste for 110 minutes. Mr. Armstrong explained that ACCP also picks up used oil from ships, and this only occurs about once every three months. The used oil is received in 55-gallon drums and transported from the ACCP dock in Dickinson, TX (See Section 2.10) to the ACCP Channelview location. The used oil drums are stored for no more than two weeks at ACCP Channelview and then picked up by Jordan Oil and Recycling (EPA ID number TXR000081590). There was no used oil observed on site at the time of the inspection. Used oil containers are stored in the warehouse location when on site. The warehouse location had a concrete floor, but the inspection team did not observe berms, dikes, or retaining walls around where the used oil might be stored [AOC #10: Used oil transfer facilities must equip containers of used oil with a secondary containment system - 40 CFR 279.45(d)(1)] ACCP operates under transporter EPA ID number TXR000047845, which is associated with an address at 4034 N Barnett Way in Missouri City, TX. The ACCP Channelview location does not have an EPA ID number associated with its specific building address. ACCP Channelview did have a record for used oil picked up by Jordan Oil and Recycling which was reviewed on site, but there were no tracking documents for shipments of used oil received from the ACCP Dickinson site. [AOC #11: Used oil transporters must keep a record of each used oil shipment accepted for transport - 40 CFR 279.46(a)] Mr. Armstrong stated ACCP Channelview maintains a MARPOL Annex I and IV COA. After the opening conference with ACCP Channelview staff, the inspection team conducted a visual walkthrough of the facility. After the conclusion of the on-site inspection, the inspection team noted that ACCP Channelview was operating as a transfer facility for used oil. The inspection team did not observe other apparent AOCs at the time of the inspection. A closing conference was conducted at approximately 2:15 PM with ACCP Channelview personnel. Tenant: ACCP Inc. Dickinson Section: 2.10 Date: 12/07/23, 8:45 A.M. Contains AOC: Yes Contains CBI: No Lead Inspector: Joseph Watson Attendees: Mark Nokelby (Operations Manager) 15 of 25 Port Houston Authority and Related Port Facilities Inspection Date(s): 12/04/2023 - 12/09/2023 Mr. Nokelby, Operations Manager, explained that ACCP Dickinson services ships in the port from the inner and outer anchorage areas. Larger ships, mostly tankers, stay about 60 miles offshore so ACCP Dickinson mostly services daughter ships. ACCP Dickinson's ships go offshore to daughter ships to bring food and other supplies and remove USDA regulated garbage based on a list of services the daughter ships provide to ACCP Dickinson. These lists include which wastes they need removed so ACCP Dickinson can manage the supplies they are bringing to the ship, such as USDA-approved lined bags. ACCP Dickinson often receives cooking waste (oil), e-waste, and ash. ACCP Dickinson has three boats in their fleet and maintains a MARPOL Annex I and V COA. USDA-regulated wastes, primarily food scraps and domestic trash, are removed from the ships in USDAapproved lined bags, and all the bags are steam sterilized upon arrival at ACCP Channelview. These bags are not to be opened until they are sterilized. E-waste, dunnage, and loose materials such as rope typically do not need to be bagged or steam sterilized, but occasionally these items will be added to the bags for transporting purposes. The e-waste is taken to a recycling center directly from the Dickinson location. Ash waste is steam sterilized and sent to a landfill. MARPOL garbage is removed every Monday, Wednesday, and Friday on a roll off or box truck. ACCP Dickinson also receives engine room sludge from ships in 55-gallon drums, which typically stay on site at the dock for a week before transfer to the ACCP Channelview location. Engine room sludge is generated from engine room sludge tanks on ships that collect solids filtered out from heavy fuel oil. The engine room sludge is managed as used oil. There were no drums of engine room sludge on site at the time of the inspection, and they receive engine room sludge waste once a month at most. There was no area at the ACCP Dickinson dock area where secondary containment was located for storage of used oil drums that remained on site up to a week. [AOC #12: Used oil transfer facilities must equip containers of used oil with a secondary containment system - 40 CFR 279.45(d)(1)] The Dickinson site will not accept more than ten 55-gallon drums of engine room sludge from ships at a single time. There is no paperwork involved with the transfer of engine room sludge from ACCP Dickinson to their Channelview location. The company operates with the EPA ID number TXR000047845 as a transporter, which is associated with an address at 4034 N Barnett Way in Missouri City, TX. The ACCP Dickinson and ACCP Channelview locations do not have EPA ID numbers associated with their specific building addresses as used oil transfer facilities. After transfer to the ACCP facility in Channelview, the used oil is picked up by Jordan Oil and Recycling (EPA ID number TXR000081590). [AOC #13: Used oil transporters must keep a record of each used oil shipment accepted for transport and each shipment that is delivered to another used oil transport facility or for disposal - 40 CFR 279.46(a) and (b)] No other RCRA-regulated liquid wastes are removed from ships besides engine room sludge managed as used oil. ACCP Dickinson generates other wastes on site from their own boats including used oil and e-waste. The used oil and e-wastes generated on site are accumulated at the dock. The modes of transportation used by ACCP to transport wastes include trucks, which only travel from ACCP Dickinson to ACCP Channelview, and boats, which transport supplies to the ships and transport waste from ships to the Dickinson dock location. ACCP Dickinson primarily conducts direct transfer of USDA-regulated waste to third party trucks at the dock. If enough trucks are not present, ACCP Dickinson may occasionally store USDA-regulated waste received from ships briefly at their dock. Mr. Nokelby indicated they have not had a bag of USDA-regulated waste on site for more than a day in the past year based on their pickup schedule. The inspection team conducted a visual walkthrough of the facility's storage and dock areas. Observations and AOCs are listed below: The inspection team observed three corroded 55-gallon drums containing unidentified residual material mixed with rainwater (see Appendix 1 - Photo 18) [AOC #14: Hazardous waste determination must be made on each solid waste - waste like materials. - 40 CFR 262.11] 16 of 25 Port Houston Authority and Related Port Facilities Inspection Date(s): 12/04/2023 - 12/09/2023 A total of 27 55-gallon drums containing used oil were found throughout the facility. According to Mr. Nokelby, the used oil in the drums was generated on site from their own boats and operations. All of the drums were not labeled (see Appendix 1 - Photos 19 through 21). The inspection team notified Mr. Nokelby that used oil drums must be labeled with the words "Used Oil." Mr. Nokelby then properly labeled the drums `Used Oil' (see Appendix 1 - Photo 22) [AOC #15: Used oil storage containers must be labeled "Used Oil" - 40 CFR 279.22(c)(1)]. Two full pallets and two smaller pallets of used batteries were found which were generated from a combination of ACCP activities and one battery from a ship pickup. The batteries were not labeled as universal waste and did not have an accumulation start date (see Appendix 1 - Photos 23 and 24). [AOC #16: Universal waste batteries were not labeled or marked clearly with any one of the following phrases: "Universal Waste--Battery(ies)," or "Waste Battery(ies)," or "Used Battery(ies). - 40 CFR 273.14(a)] [AOC #17: ACCP Dickinson did not demonstrate the length of time that the universal waste has been accumulated from the date it became a waste or was received - 40 CFR 273.15(c)] The inspection team observed six 5-gallon buckets of used paint waste received from ships which were not labeled as universal waste (see Appendix 1 - Photo 25). [AOC #18: Containers of universal waste paint were not labeled or marked clearly with the words "Universal Waste - Paint and Paint-Related Wastes" - Texas Administrative Code Rule 335.262(2)(F)] The inspection team did not observe other apparent AOCs at the time of the inspection. A closing conference was conducted at approximately 10:30 AM with ACCP Dickinson personnel. The AOCs were communicated during the closing conference. Following the inspection, the inspection team requested copies of ACCP's last record of receiving used oil as engine room sludge, which the inspection team did not receive from ACCP. ACCP Dickinson's USDA Compliance Agreement and a record of how long the used batteries had been on site can be found in Appendix 9 and Appendix 10, respectively. Tenant: Wilhelmson Port Services, Inc. Section: 2.11 Date: 12/7/2023, 1:02 P.M. Contains AOC: No Contains CBI: No Lead Inspector: Joseph Watson Attendees: Michele Toller (Warehouse Manager), Jesse Garcia (Customs Manager), Stacie Speckman (Territory Manager of North America and Panama Port Services) 17 of 25 Port Houston Authority and Related Port Facilities Inspection Date(s): 12/04/2023 - 12/09/2023 Facility personnel provided a summary of operations at Wilhelmson. Wilhelmson primarily focuses on the compliance portion of offloads that are assigned to them. They do not own or operate any docks or store any waste. They help facilitate the transfer of material from other docks, giving information such as TWIC card IDs for unloading personnel. They make sure that the terminal has the ability to perform transfers. If the dock does not have sufficient personnel to perform the transfer, they will get trucking companies and other required employees involved in the transfer operation. There is a scheduled time for vessel unloading. They hire waste facilities that bring in their own trucking companies. Wilhelmson indicated that approximately 90 percent of vessels have their own contractors for transport and disposal facilities. When they must hire their own contractor, they use CIRCON Environmental as one of these contractors for cargo slops and other MARPOL wastes. Wilhelmson's process ends when it is ensured that a vendor takes vessel waste. Wilhelmson stores various products used for supplying vessels. They have one CAA for unused or expired products. The EPA team conducted a walking tour of the facility's product storage area and viewed the CAA. The CAA had no hazardous waste in it at the time and Wilhelmson personnel indicated that it is very rare for them to have waste. The CAA is mainly in place for contingency purposes. During the visual walkthrough, the inspection team did not observe any apparent AOCs. A closing conference was conducted at approximately 3:00 PM with Wilhelmson personnel. Tenant: Texana Waste Services LTD Section: 2.12 Date: 12/7/2023, 1:00 P.M. Contains AOC: Yes Contains CBI: No Lead Inspector: George Wieber Attendees: Erick Earls (Operations Manager) Mr. Earls, Operational Manager at Texana, explained that operations consist of picking up garbage from domestic and international ships and vessels and transporting it for steam-treating and/or disposal. Mr. Earls stated they are dispatched by ship agents to pick up the garbage from ships. When picking up waste from domestic ships, the garbage is transported for disposal directly. When picking up waste at international ships, the garbage is picked up and sent to NuCore for environmental steaming treatment under USDA regulations. Mr. Earls stated that the garbage is sometimes held at their facility for less than 72 hours until taken to disposal facility as per USDA regulations. Mr. Earls stated they also provide ships with USDA approved sacks for garbage. Texana will assist domestic ship crews in packing up garbage waste but will not provide assistance for international ships as it can be a liability. Texana also accepts oily rags and engine sludge, which are accepted in drums and stored at their facility until they have enough for a pickup. Engine sludge is managed as used oil. They contract CIRCON Environmental to remove the used oil waste stored on site. Other types of waste Texana accepts include universal waste such as used batteries, empty used oil drums, expired medications, and expired flares or pyros. The facility maintains a MARPOL Annex V COA, but it was not available during the inspection. Mr. Earls was uncertain if Texana was registered with the EPA or state as a transporter under RCRA, and no EPA ID number or information was provided following the inspection. [AOC #19: Texana was operating as a used oil transporter and transfer facility and did not identify an EPA ID number for its facility - 40 CFR 279.42(a)] The inspection team conducted a visual walkthrough of the facility and storage areas. The inspection team observed: 1) One 55-gallon drum of oily rags, one 55-gallon drum of cooking oil, and six 55-gallon drums of used oil. Each of the used oil drums observed were mostly full at the time of the inspection based on visual observation. One of the 55-gallon drums of used oil was made of plastic, uncovered, and not clearly labeled (see Appendix 1 - Photo 27). Three of the 55-gallon drums of used oil were corroded, damaged, opened, and not clearly labeled, and one of the 55-gallon drums of used oil was made of plastic and covered with a fabric cloth (see Appendix 1 - Photo 28). [AOC #20: Containers used to store used oil at transfer facilities must be in good condition (no severe rusting, apparent structural 18 of 25 Port Houston Authority and Related Port Facilities Inspection Date(s): 12/04/2023 - 12/09/2023 defects, or deterioration) - 40 CFR 279.45(c)(1)] [AOC #21: Containers used to store used oil at transfer facilities must be labeled or marked clearly with the words "Used Oil." - 40 CFR 279.45(g)(1)] [AOC #22: Containers used to store used oil at transfer facilities must be equipped with a secondary containment system - 40 CFR 279.45(d)] 2) Three 55-gallon drums and one tote filled with water and expired pyrotechnics (flares) (see Appendix 1 - Photo 29 and 30) [see AOC #25 listed below]. 3) Three 5-gallon paint cans, for which the inspection team requested a waste determination [see AOC #25 listed below]. The paint cans were not empty based on lifting the can during the walkthrough. 4) Four expired life rafts which have a class 9 DOT identification (see Appendix 1 - Photo 31) [see AOC #25 listed below]. 5) One open tote accumulating rainwater and various types of batteries including rechargeable batteries which was unlabeled, and the accumulation start date was unknown (see Appendix 1 - Photo 32). [AOC #23: Universal waste batteries were not labeled or marked clearly with any one of the following phrases: "Universal Waste--Battery(ies)," or "Waste Battery(ies)," or "Used Battery(ies)." - 40 CFR 273.14(a)] [AOC #24: Texana did not demonstrate the length of time that the universal waste has been accumulated from the date it became a waste or was received. - 40 CFR 273.15(c)] 6) A 20-cubic yard roll-off container accumulating water and undetermined solids which appeared to be leaking into the soil underneath (see Appendix 1 - Photo 33). Mr. Earls was uncertain about the types of waste within the roll-off container; therefore, a waste determination was requested. [AOC #25: Hazardous waste determination must be made on each solid waste - waste like material. - 40 CFR 262.11] 7) Seven 5-gallon containers and two 55-gallon drums where the inspection team was unable to determine if they were empty (see Appendix 1 - Photo 34). Following the visual walkthrough, the inspection team requested multiple items from Texana: MARPOL COA. Confirmation of EPA ID number as a transporter and transfer facility. Shipping manifest for expired medications and pyrotechnics from past two years. Identity of company that picks up and disposes of pyrotechnics (Refer to observation #2 above). Waste determinations on three 5-gallon paint cans, two 55-gallon drums, and seven 5-gallon containers (Refer to observation #3 and #7 above). Shipping manifests for life rafts and used oil drums found onsite (Refer to observation #1 and #4 above). Waste determination on batteries in open tote (Refer to observation #5 above). Waste determination on 20 cubic yard roll off container (Refer to observation #6 above). The inspection team did not observe other apparent AOCs at the time of the inspection. A closing conference was conducted at approximately 2:45 PM with Texana personnel. The AOCs were communicated during the closing conference. The inspection team did not receive the requested items or follow-up from Texana by the time of writing this report. Tenant: Inchcape Shipping Services Section: 2.13 Date: 12/08/2023, 8:05 A.M. Contains AOC: No Contains CBI: No Lead Inspector: Joseph Watson Attendees: David Vazquez (Billing Clerk), Elizabeth Torres (Billing Manager), Hope Gorman (Regional Manager of Operations for US West Coast and Canada) Facility personnel provided a summary of operations at ISS. ISS acts a large shipping agent serving ships 19 of 25 Port Houston Authority and Related Port Facilities Inspection Date(s): 12/04/2023 - 12/09/2023 across North American and South American Ports. Everything related to handling of waste is done by a third party for Inchcape. ISS is only an office without waste generation, storage, or transportation activities. As a result, the inspection team inquired about ISS' operation as shipping agents. ISS explained that their customers are the owners of ships. The owners contact Inchcape with garbage or slops removal requests and Inchcape acts as the middleman between the ship and the shore facilities to facilitate the removal of those materials. ISS relays the quantity and type of waste to transporters who will bid on the removal work. They coordinate and give the waste companies access to the ports via a gate list. They do not file manifests or provide any other paperwork involved with the removal of waste. ISS also helps to explain regulations to waste management companies. The main off-loaders of waste that they work with are Intergulf/CIRCON Environmental, Nature Environmental, ACCP Inc., and Marine Express, Inc. but the representatives from ISS did not know who those companies hire to transport the waste that they offload. ISS indicated that many terminals deny MARPOL waste from being removed at their docks because the terminals do not have proper certificates. Every ship that they work with has an appointed agent and the company (the owner of the ship), tells the ship captain who their agent is to help make off-loading arrangements. The designated vendors are picked based on cost, services, and vetting. During the visual walkthrough, the inspection team did not observe any apparent AOCs. A closing conference was conducted at approximately 9:15 AM with ISS personnel. 20 of 25 Port Houston Authority and Related Port Facilities Inspection Date(s): 12/04/2023 - 12/09/2023 SECTION III - RECORDS REVIEW No RCRA regulated records reviewed during this focused onsite inspection. SECTION IV - APPARENT AREAS OF CONCERN The presentation of Area(s) of Concern does not constitute a formal compliance determination or violation. Areas of concern may be added or removed upon review or upon receipt of additional information. Tenant: LBC Houston LP AOC #1 - Containers holding hazardous waste were Citation: 40 CFR stored within the same bermed area as other 262.17(a)(1)(vii)(C) containers holding incompatible wastes. AOC #2 - Containers of hazardous waste were not Citation: 40 CFR labeled with the words "Hazardous Waste". 262.17(a)(5)(i)(A) Section: 2.1 Section: 2.1 Tenant: E3 OMI, LLC AOC #3 - The transporter stored manifested hazardous waste for more than ten (10) days. Citation: 40 CFR 263.12 Section: 2.2 Tenant: Phoenix Pollution Control and Environmental Services, Inc AOC #4 - Used oil storage containers were not labeled "Used Oil". Citation: 40 CFR 279.22(c)(1) Tenant: K-Solv LP AOC #5 - The hazardous waste determination for each solid waste must be made at the point of waste generation. Citation: 40 CFR 262.11(a) AOC #6 - The facility did not prove the recycling of Citation: 40 CFR 260.43 (a)(1) hazardous secondary materials was legitimate. AOC #7 - Hazardous waste determination must be Citation: 40 CFR 262.11 made on each solid waste - waste like materials. AOC #8 - Hazardous waste determination must be Citation: 40 CFR 262.11(a) made on each solid waste at the point of generation before any mixing. Tenant: Jacintoport International LP AOC #9 - Hazardous waste determination must be Citation: 40 CFR 262.11 made on each solid waste - waste like materials. Tenant: ACCP INC Channelview AOC #10 - Used oil transfer facilities must equip Citation: 40 CFR 279.45(d)(1) containers of used oil with a secondary containment 21 of 25 Section: 2.5 Section: 2.6 Section: 2.6 Section: 2.6 Section: 2.6 Section: 2.7 Section: 2.9 Port Houston Authority and Related Port Facilities Inspection Date(s): 12/04/2023 - 12/09/2023 system. AOC #11 - Used oil transporters must keep a record Citation: 40 CFR 279.46(a) of each used oil shipment accepted for transport. Tenant: ACCP INC Dickinson AOC #12 - Used oil transfer facilities must equip Citation: 40 CFR 279.45(d)(1) containers of used oil with a secondary containment system. AOC #13 - Used oil transporters must keep a record Citation: 40 CFR 279.46(a) and of each used oil shipment accepted for transport (b) and each shipment that is delivered to another used oil transport facility or for disposal. AOC #14 - Hazardous waste determination must be Citation: 40 CFR 262.11 made on each solid waste - waste like materials. AOC #15 - Used oil storage containers must be labeled "Used Oil". Citation: 40 CFR 279.22(c)(1) AOC #16 - Universal waste batteries were not Citation: 40 CFR 273.14(a) labeled or marked clearly with any one of the following phrases: "Universal Waste--Battery(ies)," or "Waste Battery(ies)," or "Used Battery(ies). AOC #17 - ACCP Dickinson did not demonstrate the length of time that the universal waste has been accumulated from the date it became a waste or was received. Citation: 40 CFR 273.15(c) AOC #18 - Containers of universal waste paint were Citation: Texas Administrative not labeled or marked clearly with the words Code Rule 335.262(2)(F) "Universal Waste - Paint and Paint-Related Wastes." Tenant: Texana Waste Services LTD AOC #19 - Texana was operating as a used oil Citation: 40 CFR 279.42(a) transporter and transfer facility and did not identify an EPA ID number for its facility. AOC #20 - Containers used to store used oil at transfer facilities must be in good condition (no severe rusting, apparent structural defects, or deterioration). Citation: 40 CFR 279.45(c)(1) AOC #21 - Containers used to store used oil at Citation: 40 CFR 279.45(g)(1) transfer facilities must be labeled or marked clearly with the words "Used Oil." AOC #22 - Containers used to store used oil at transfer facilities must be equipped with a secondary containment system. Citation: 40 CFR 279.45(d) 22 of 25 Section: 2.9 Section: 2.10 Section: 2.10 Section: 2.10 Section: 2.10 Section: 2.10 Section: 2.10 Section: 2.10 Section: 2.12 Section: 2.12 Section: 2.12 Section: 2.12 Port Houston Authority and Related Port Facilities Inspection Date(s): 12/04/2023 - 12/09/2023 AOC #23 - Universal waste batteries were not Citation: 40 CFR 273.14(a) labeled or marked clearly with any one of the following phrases: "Universal Waste--Battery(ies)," or "Waste Battery(ies)," or "Used Battery(ies)." AOC #24 - Texana did not demonstrate the length of time that the universal waste has been accumulated from the date it became a waste or was received. Citation: 40 CFR 273.15(c) AOC #25 - Hazardous waste determination must be Citation: 40 CFR 262.11 made on each solid waste - waste like material. Section: 2.12 Section: 2.12 Section: 2.12 23 of 25 Port Houston Authority and Related Port Facilities Inspection Date(s): 12/04/2023 - 12/09/2023 SECTION V - CLOSING CONFERENCE AND FOLLOW UP Closing Conference The onsite inspection was completed on 12/8/2023. Closing conferences were held at each individual site before departure. During the closing conferences, the following items were discussed: 1. AOCs, if any, found during the inspections and that AOCs may be added or removed upon further review. 2. Requested items, if any, and how to provide the inspection team with them following the inspection. 3. Conversations about how to address any AOCs that may have been found. Follow Up Any tenant follow-up items are as discussed in each tenants' observations. 24 of 25 Port Houston Authority and Related Port Facilities Inspection Date(s): 12/04/2023 - 12/09/2023 Communication Log After the inspection, additional information was emailed to EPA including: 1. 12/6/23 Phoenix email - hazardous and non-hazardous waste manifests (attachments) transported by Phoenix Pollution Control were provided. 2. 12/8/23 ACCP email - Response to some areas of concern, waste receipts for wastes accepted (attachment), and USDA compliance agreement (attachment) were provided. 3. 12/8/23 E3 OMI email - Field notes (attachments) and chain-of-events associated with the hazardous waste drum from Odjfell observed on site were provided. SECTION VI - LIST OF APPENDICES Appendix 1 - Photo Log Appendix 2 - Opening Conference Attendees Sign-in Sheet Appendix 3 - LBC Facility Layout Appendix 4 - E3 OMI Waste Policy and Inspection Checklist Appendix 5 - E3 OMI Waste Log Appendix 6 - E3 OMI Waste Profiles Appendix 7 - E3 OMI Field Notes 035-23-0596 Appendix 8 - E3 OMI Timeline of Events for AOC Appendix 9 - ACCP Dickinson Compliance Agreement Appendix 10 - ACCP Dickinson Waste Received for Batteries 25 of 25 Port of Houston December 4 - 8, 2023 Appendix 1 Photograph Log UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Location: LBC Houston, LP City: Seabrook Photo No. 1 County/Parish: Harris State: Texas Photo File Name: DSCN6917 Date of Photo: 12/04/2023 Time of Photo: 13:27 hrs. Photographer: George Wieber Description: Label on a 55-gallon drum in the CAA. The drum was identified as containing benzene but was not properly labeled as "Hazardous Waste," UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Location: LBC Houston, LP City: Seabrook Photo No. 2 County/Parish: Harris State: Texas Photo File Name: DSCN6918 Date of Photo: 12/04/2023 Time of Photo: 13:27 hrs. Photographer: George Wieber Description: Four 55-gallon drums of benzene not properly labeled as "Hazardous Waste" in the CAA. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Location: LBC Houston, LP City: Seabrook Photo No. 3 County/Parish: Harris State: Texas Photo File Name: DSCN6919 Date of Photo: 12/04/2023 Time of Photo: 13:30 hrs. Photographer: George Wieber Description: A 55-gallon drum of hazardous waste containing benzene in the CAA. This drum was stored in the same secondary containment as hazardous a 55-gallon drum of waste acids which are incompatible (see Photo 4). UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Location: LBC Houston, LP City: Seabrook Photo No. 4 County/Parish: Harris State: Texas Photo File Name: DSCN6920 Date of Photo: 12/04/2023 Time of Photo: 13:31 hrs. Photographer: George Wieber Description: A 55-gallon drum of hazardous waste containing acids in the CAA. This drum was stored in the same secondary containment as a 55-gallon hazardous waste drum containing benzene which are incompatible (see Photo 3). UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Location: E3 OMI LLC City: Deer Park Photo No. 5 County/Parish: Harris State: Texas Photo File Name: DSCN6921 Date of Photo: 12/05/2023 Time of Photo: 09:54 hrs. Photographer: George Wieber Description: Labels on a 55-gallon drum of hazardous waste containing methacrylonitrile from a spill cleanup for Odjfell Terminals in the CAA. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Location: E3 OMI LLC City: Deer Park Photo No. 6 County/Parish: Harris State: Texas Photo File Name: DSCN6922 Date of Photo: 12/05/2023 Time of Photo: 09:55 hrs. Photographer: George Wieber Description: A 55-gallon drum of hazardous waste containing methacrylonitrile from a spill cleanup for Odjfell Terminals in the CAA. The drum was being managed in a fenced area designated for hazardous waste. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Location: E3 OMI LLC City: Deer Park Photo No. 7 County/Parish: Harris State: Texas Photo File Name: DSCN6923 Date of Photo: 12/05/2023 Time of Photo: 10:36 hrs. Photographer: George Wieber Description: Picture showing hazardous waste management area and signage. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Photo No. 8 Location: Jacintoport International LP City: Houston County/Parish: Harris State: Texas Photo File Name: DSCN6497 Date of Photo: 12/06/2023 Time of Photo: 10:33 hrs. Photographer: Cameron Tanaka Description: Previous containment area that is no longer used. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Photo No. 9 Location: Jacintoport International LP City: Houston County/Parish: Harris State: Texas Photo File Name: DSCN6498 Date of Photo: 12/06/2023 Time of Photo: 10:44 hrs. Photographer: Cameron Tanaka Description: Maintenance shop aerosol can area. Jacintoport indicated that they puncture their cans here and collect the residuals. The residuals are sent off as universal paint waste, but they were also collecting residuals from non-paint waste that could include hazardous waste, meaning the drums shown here should be shipped off as hazardous waste. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Photo No. 10 Location: Jacintoport International LP City: Houston County/Parish: Harris State: Texas Photo File Name: DSCN6499 Date of Photo: 12/06/2023 Time of Photo: 11:20 hrs. Photographer: Cameron Tanaka Description: Containment chassis for 10-day storage. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Location: K-Solv LP City: Channelview Photo No. 11 County/Parish: Harris State: Texas Photo File Name: DSCN6927 Date of Photo: 12/06/2023 Time of Photo: 09:46 hrs. Photographer: George Wieber Description: Containers of engine degreaser that are used on site, with exterior packaging damaged in the drum storage area. Some of the containers were empty while others contained liquid. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Location: K-Solv LP City: Channelview Photo No. 12 County/Parish: Harris State: Texas Photo File Name: DSCN6928 Date of Photo: 12/06/2023 Time of Photo: 09:46 hrs. Photographer: George Wieber Description: Containers of engine degreaser found in the drum storage area that are used on site. Some of the containers were empty while others contained liquid. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Location: K-Solv LP City: Channelview Photo No. 13 County/Parish: Harris State: Texas Photo File Name: DSCN6929 Date of Photo: 12/06/2023 Time of Photo: 09:56 hrs. Photographer: George Wieber Description: Overview of the container management area behind the warehouse. Location: K-Solv LP City: Channelview UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Photo No. 14 County/Parish: Harris State: Texas Photo File Name: DSCN6930 Date of Photo: 12/06/2023 Time of Photo: 09:56 hrs. Photographer: George Wieber Description: Overview of the container management area behind the warehouse. The container of gelled styrene (center of image) was deformed due to a polymerization reaction. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Location: K-Solv LP City: Channelview Photo No. 15 County/Parish: Harris State: Texas Photo File Name: DSCN6931 Date of Photo: 12/06/2023 Time of Photo: 10:13 hrs. Photographer: George Wieber Description: Two 55-gallon drums of benzene located in a container staging area. Their use was uncertain at the time of inspection. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Location: K-Solv LP City: Channelview Photo No. 16 County/Parish: Harris State: Texas Photo File Name: DSCN6932 Date of Photo: 12/06/2023 Time of Photo: 10:16 hrs. Photographer: George Wieber Description: Roll-off container on the dock space used to manage waste from barge cleaning operations. The waste appeared to contain an oily material. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Location: K-Solv LP City: Channelview Photo No. 17 County/Parish: Harris State: Texas Photo File Name: DSCN6933 Date of Photo: 12/06/2023 Time of Photo: 10:16 hrs. Photographer: George Wieber Description: Roll-off container on the dock space used to manage waste from barge cleaning operations. The waste appeared to contain an oily material. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Location: ACCP Inc. City: Dickinson Photo No. 18 County/Parish: Galveston State: Texas Photo File Name: DSCN6934 Date of Photo: 12/07/2023 Time of Photo: 09:56 hrs. Photographer: George Wieber Description: A 55-gallon drum that was corroded and contained residuals of unidentified liquids in the drum storage area. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Location: ACCP Inc. City: Dickinson Photo No. 19 County/Parish: Galveston State: Texas Photo File Name: DSCN6935 Date of Photo: 12/07/2023 Time of Photo: 10:03 hrs. Photographer: George Wieber Description: An overview image of unlabeled used oil drums in the drum storage area (black 55-gallon drums). UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Location: ACCP Inc. City: Dickinson Photo No. 20 County/Parish: Galveston State: Texas Photo File Name: DSCN6936 Date of Photo: 12/07/2023 Time of Photo: 10:03 hrs. Photographer: George Wieber Description: An overview image of the unlabeled used oil drums in the drum storage area (black 55-gallon drums). UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Location: ACCP Inc. City: Dickinson Photo No. 21 County/Parish: Galveston State: Texas Photo File Name: DSCN6937 Date of Photo: 12/07/2023 Time of Photo: 10:06 hrs. Photographer: George Wieber Description: Unlabeled used oil drums in the drum storage area (black 55-gallon drums). UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Location: ACCP Inc. City: Dickinson Photo No. 22 County/Parish: Galveston State: Texas Photo File Name: DSCN6938 Date of Photo: 12/07/2023 Time of Photo: 10:07 hrs. Photographer: George Wieber Description: Unlabeled 55-gallon used oil drums in the drum storage area (as seen in Photo 21) that were later labeled with yellow marking after the inspection team notified the site representative of the concern. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Location: ACCP Inc. City: Dickinson Photo No. 23 County/Parish: Galveston State: Texas Photo File Name: DSCN6939 Date of Photo: 12/07/2023 Time of Photo: 10:12 hrs. Photographer: George Wieber Description: Used batteries on pallets near drum storage area. One of the batteries (to the left of the image) came from a ship pickup, and the others came from ACCP boats and vehicles/equipment. The batteries were not labeled as universal waste and did not have an accumulation start date. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Location: ACCP Inc. City: Dickinson Photo No. 24 County/Parish: Galveston State: Texas Photo File Name: DSCN6940 Date of Photo: 12/07/2023 Time of Photo: 10:17 hrs. Photographer: George Wieber Description: Used batteries on pallets that came from ACCP Dickinson boats and vehicles/equipment found near the drum storage area. The batteries were not labeled as universal waste and did not have an accumulation start date. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Location: ACCP Inc. City: Dickinson Photo No. 25 County/Parish: Galveston State: Texas Photo File Name: DSCN6941 Date of Photo: 12/07/2023 Time of Photo: 10:22 hrs. Photographer: George Wieber Description: Six 5-gallon buckets of used paints received from ships as waste found near the drum storage area. The containers were not labeled as universal waste and did not have an accumulation start date. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Location: ACCP INC. City: Dickinson Photo No. 26 County/Parish: Galveston State: Texas Photo File Name: DSCN6942 Date of Photo: 12/07/2023 Time of Photo: 10:27 hrs. Photographer: George Wieber Description: One of ACCP's boats returning from a waste pickup with supersacks of waste material onboard. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Photo No. 27 Location: Texana Waste Services LTD City: Channelview County/Parish: Harris State: Texas Photo File Name: DSCN6943 Date of Photo: 12/07/2023 Time of Photo: 14:16 hrs. Photographer: George Wieber Description: An open 55-gallon drum containing used oil sludge material from a ship in the drum storage area. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Photo No. 28 Location: Texana Waste Services LTD City: Channelview County/Parish: Harris State: Texas Photo File Name: DSCN6944 Date of Photo: 12/07/2023 Time of Photo: 14:16 hrs. Photographer: George Wieber Description: Four 55-gallon drums received from ships containing used oil or used oil sludge material found in the drum storage area. The drums were not clearly labeled, were not fully closed, and some were corroded and/or had holes in them. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Photo No. 29 Location: Texana Waste Services LTD City: Channelview County/Parish: Harris State: Texas Photo File Name: DSCN6945 Date of Photo: 12/07/2023 Time of Photo: 14:16 hrs. Photographer: George Wieber Description: An open tote used to accumulate expired flares or pyros received from ships found in the drum storage area. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Photo No. 30 Location: Texana Waste Services LTD City: Channelview County/Parish: Harris State: Texas Photo File Name: DSCN6946 Date of Photo: 12/07/2023 Time of Photo: 14:26 hrs. Photographer: George Wieber Description: An overview of the outdoor drum storage area used to manage used oil containers and expired flare/pyro wastes received from ships. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Photo No. 31 Location: Texana Waste Services LTD City: Channelview County/Parish: Harris State: Texas Photo File Name: DSCN6947 Date of Photo: 12/07/2023 Time of Photo: 14:32 hrs. Photographer: George Wieber Description: Expired life rafts received from ships in the drum storage area. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Photo No. 32 Location: Texana Waste Services LTD City: Channelview County/Parish: Harris State: Texas Photo File Name: DSCN6948 Date of Photo: 12/07/2023 Time of Photo: 14:40 hrs. Photographer: George Wieber Description: An open tote located near the back fence of the site that contained batteries, a gas cylinder, and miscellaneous items in standing liquid (appeared to be residual rainwater). UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Photo No. 33 Location: Texana Waste Services LTD City: Channelview County/Parish: Harris State: Texas Photo File Name: DSCN6949 Date of Photo: 12/07/2023 Time of Photo: 14:43 hrs. Photographer: George Wieber Description: A roll-off container filled with miscellaneous waste and standing liquid (appeared to be residual rainwater) located near the back fence of the site. There was also liquid accumulated beneath the roll-off container. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Photo No. 34 Location: Texana Waste Services LTD City: Channelview County/Parish: Harris State: Texas Photo File Name: DSCN6950 Date of Photo: 12/07/2023 Time of Photo: 14:46 hrs. Photographer: George Wieber Description: A pile of containers including seven 5-gallon jugs and two 55-gallon drums located near the back fence of the site. Inspectors could not identify whether the containers held any material or what was in the containers. Appendix 2 Opening Conference Attendees Sign-in Sheets Appendix 2 Page 1 of 13 Appendix 2 Page 2 of 13 Appendix 2 Page 3 of 13 Appendix 2 Page 4 of 13 Appendix 2 Page 5 of 13 Appendix 2 Page 6 of 13 Appendix 2 Page 7 of 13 Appendix 2 Page 8 of 13 Appendix 2 Page 9 of 13 Appendix 2 Page 10 of 13 Appendix 2 Page 11 of 13 Appendix 2 Page 12 of 13 Appendix 2 Page 13 of 13 Appendix 3 LBC Facility Layout Appendix 3 Page 1 of 1 Appendix 4 E3 OMI Waste Policy and Inspection Checklist Appendix 4 Page 1 of 15 Appendix 4 Page 2 of 15 Appendix 4 Page 3 of 15 Appendix 4 Page 4 of 15 Appendix 4 Page 5 of 15 Appendix 4 Page 6 of 15 Appendix 4 Page 7 of 15 Appendix 4 Page 8 of 15 Appendix 4 Page 9 of 15 Appendix 4 Page 10 of 15 Appendix 4 Page 11 of 15 Appendix 4 Page 12 of 15 Appendix 4 Page 13 of 15 Appendix 4 Page 14 of 15 Appendix 4 Page 15 of 15 Appendix 5 E3 OMI Waste Log Appendix 5 Page 1 of 10 Appendix 5 Page 2 of 10 Appendix 5 Page 3 of 10 Appendix 5 Page 4 of 10 Appendix 5 Page 5 of 10 Appendix 5 Page 6 of 10 Appendix 5 Page 7 of 10 Appendix 5 Page 8 of 10 Appendix 5 Page 9 of 10 Appendix 5 Page 10 of 10 Appendix 6 E3 OMI Waste Profiles Appendix 6 Page 1 of 22 Appendix 6 Page 2 of 22 Appendix 6 Page 3 of 22 Appendix 6 Page 4 of 22 Appendix 6 Page 5 of 22 Appendix 6 Page 6 of 22 Appendix 6 Page 7 of 22 Appendix 6 Page 8 of 22 Appendix 6 Page 9 of 22 Appendix 6 Page 10 of 22 Appendix 6 Page 11 of 22 Appendix 6 Page 12 of 22 Appendix 6 Page 13 of 22 Appendix 6 Page 14 of 22 Appendix 6 Page 15 of 22 Appendix 6 Page 16 of 22 Appendix 6 Page 17 of 22 Appendix 6 Page 18 of 22 Appendix 6 Page 19 of 22 Appendix 6 Page 20 of 22 Appendix 6 Page 21 of 22 Appendix 6 Page 22 of 22 Appendix 7 E3 OMI Field Notes 035-23-0596 Appendix 7 Page 1 of 1 Appendix 8 E3 OMI Timeline of Events for AOC EPA Audit (12/5) Tues. Requested Field Notes on Job 035-23-0596 Odjfell (Haz Drum) Siok Hong <SiokHong@e3omi.com> Fri 12/8/2023 5:20 PM To:gardner.dedriel@epa.gov <gardner.dedriel@epa.gov>;Vince Damiano <Vince.Damiano@erg.com>;George Wieber <george.wieber@erg.com> Cc:Anthony McMullins <amcmullins@e3omi.com>;Marty Bienvenu <MBIENVENU@e3omi.com>;Tony Stamper <tstamper@e3omi.com>;Christelle Laraque <claraque@e3omi.com>;Nick Perez <nperez@e3omi.com>;Jonathan Bethea <jbethea@e3response.com> 2 attachments (217 KB) Field Notes 035-23-0596.pdf; Field Notes 035-23-0596.pdf; CAUTION: Don't open links or attachments unless you recognize the sender and know they are safe. Dedriel Gardner: Good afternoon, please see attached field notes and the chain-of-events on the waste drum in question; and let us know if you have any questions. 9/27/2023 9/27/23 10/1/23 10/3/23 10/9/23 10/11/23 12/4/23 12/5/23 12/6/23 12/7/23 12/8/23 Customer Called for us to response to spill Clean-up job completed (see attached field notes) Customer request E3OMI remove the drum of solid matrix containing sorbent pads, hoses, PPE impacted by chemical Generator gave us an incomplete SDS, it took 2 or 3 days to get complete SDS E3OMI reached out to get Third Party Authorization to submit waste profile on their behalf Profile was submitted to Tradebe Profile is approved, but Sales Manager reaches out to us to let us know this process code cannot be handled by Tradebe, they will need to broker it out (likely to Veolia). He recommends we try a different facility Attempt to profile into Clean Earth; Clean Earth will not accept the waste Profile submitted to US Ecology 10/9 We wanted to try Veolia, but we were waiting on account to be set up waste is "Accepted for further Review" It would stay in this status to this day Many follow ups with Aaron Perez (Account manager for US ecology) would be made by disposal team through both phone calls and emails Reached out multiple times through emails and phone calls to Aaron Perez with USE at least twice a week. Began considering other outlets such as Clean Harbors Emailed sales manager with Tradebe asking how long it would take them to get it out if we let them broker it. Generator created in Clean Harbor system Steve chambers connects me with Brian Dumond with Clean Harbors. He will assist with profile and get rush approval Profile submitted to Clean Harbor Profile rushed & approved Transportation requested and earliest pickup is 12/12 Siok Hong Chen-Sabot | Waste Disposal c. 337.373.7871 | o. 281.839.2342 | 24hr ER.800.645.6671 1717 West 13th Street Deer Park, TX 77536 Appendix 8 Page 1 of 2 E3omi.com Appendix 8 Page 2 of 2 Appendix 9 ACCP Dickinson Compliance Agreement Appendix 9 Page 1 of 16 Appendix 9 Page 2 of 16 Appendix 9 Page 3 of 16 Appendix 9 Page 4 of 16 Appendix 9 Page 5 of 16 Appendix 9 Page 6 of 16 Appendix 9 Page 7 of 16 Appendix 9 Page 8 of 16 Appendix 9 Page 9 of 16 Appendix 9 Page 10 of 16 Appendix 9 Page 11 of 16 Appendix 9 Page 12 of 16 Appendix 9 Page 13 of 16 Appendix 9 Page 14 of 16 Appendix 9 Page 15 of 16 Appendix 9 Page 16 of 16 Appendix 10 ACCP Dickinson Waste Received for Batteries Appendix 10 Page 1 of 2 Appendix 10 Page 2 of 2