Document kvOJax3KYJG8LevzNZNnyjYn
Region 6 - Enforcement & Compliance Assurance Division
INSPECTION REPORT
Inspection Date(s): Media Program: Regulatory Program(s)
February 6, 2025 Resource Conservation and Recovery Act Very Small Quantity Generator
Company Name: Facility Name: Facility Physical Location:
(city, state, zip code) Mailing address:
(city, state, zip code) County/Parish: Facility Phone Number Facility Contact:
Sound Resource Solutions, LLC Sound Resource Solutions 731 FM 1127 Road Shepherd, Texas 77371 731 FM 1127 Road Shepherd, Texas 77371 San Jacinto County 404-735-2818 Thomas Mwangi thomasm@soundrs.net
Owner
FRS Number: Identification/Permit Number: Media Identifier Number: NAICS: SIC:
110040102288 NA TXR000079927 484220
Personnel participating in inspection:
John Penland
USEPA Region 6 (ECAD)
Thomas Mwagni
Sound Resource Solutions, LLC.
Kyle Marcantel
Sound Resource Solutions, LLC.
Greg Watson
R and F Industries
Stu McBride
Ridgeline Engineering, LLC.
Senior Environmental Scientist Owner Material Handler General Manager Environmental Consultant
EPA Lead Inspector Signature/Date
John Penland - Lead Inspector
Date
Supervisor Signature/Date
Debra Pandak - RCRA Section Supervisor
Date
6ENFORM-019-R8.2 (02/12/2020)
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Section I - INTRODUCTION
Sound Resource Solutions LLC. - Shepherd, Texas February 6, 2025
On February 6, 2025, I John Penland conducted an unannounced inspection of the Sound Resource Solutions, LLC. (SRS) facility located at 731 FM 1127 in Shepherd, Texas, for compliance with the Resource Conservation and Recovery Act (RCRA). Upon entry to the facility, I met with Mr. Kyle Marcantel, an employee of SRS. I presented my credentials to him and informed him that this was an EPA inspection under the authority of Section 3007 of RCRA. Mr. Marcantel contacted Mr. Greg Watson, former facility manager, and Mr. Thomas Mwagni, SRS owner, to notify them that I was there for an unannounced inspection. They instructed Mr. Marcantel to act as an escort and liaison for me during this inspection.
The SRS facility was selected for inspection to evaluate the continuing operations of SRS and assess the company's cleanup efforts following a November 2023 fire that destroyed all the facility structures and operating equipment.
The facility occupies 30 acres located at 731 FM 1127 in Shepherd, Texas. SRS is currently in the process of closing the facility and maintains only one employee onsite as it unwinds its operations. The November 2023 fire destroyed all structures and operating equipment on the property. Since the fire, SRS began solvent blending operations using portable tanks, but this operation ceased prior to January 10, 2025. Raw materials, production wastes, and some unsold products remain stored in containers onsite. In addition, some debris and materials impacted by the fire remain at the facility. The facility remains unsecured with uncontrolled pedestrian access and only one person present during normal business hours. Some of the managment personnel and many of the raw materials are being transferred to R and F Industries located in Luling, Texas, a facility recently purchased by some of the owners of SRS.
The site is registered as a very small quantity generator with the EPAID: TXR000079927.
Section II - OBSERVATIONS
Beginning at approximately 9:30am on February 6, 2025, and accompanied by Kyle Marcantel, I conducted a walkthrough of the facility. During this walkthrough, I took an inventory of chemical containers stored onsite and documented the facility's condition. This walkthrough was documented using a hand-drawn map, photographs, and a written table using the labels and Mr. Marcantel's knowledge to determine the contents of the containers. Photographs taken during this inspection are included as Appendix 1. The hand-drawn site map is included as Appendix 2.
Prior to January 10, 2025, the facility conducted chemical blending and repackaging operations. At the time of this inspection, containers of these products and raw materials were still located onsite. According to Mr. Marcantel, the facility had not determined how these materials were going to be managed and were being stored until that determination could be made. The facility is also storing empty containers both new and used. The used containers are intended to be sent for scrap metal recycling and new containers sent to the R & F Industries location in Luling, TX.
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Sound Resource Solutions LLC. - Shepherd, Texas February 6, 2025
The facility is also continuing remediation activities from the November 2023 fire. One pile of fire debris was still present on the concrete foundation of the former plant office building. According to Mr. Stu McBride, the contractor overseeing the remediation, the waste pile was sampled and determined to be a non-hazardous industrial solid waste. This waste was awaiting transport to an offsite landfill. During the immediate response, the facility constructed a large retention pond to impound the firefighting water generated during the response. This firefighting water was sent to Texas Molecular in Deer Park, Texas for disposal in a hazardous waste injection well. However, SRS has been unable to complete the sampling for closure of this surface impoundment due to refill from rainwater runoff at the site.
I concluded my walkthrough and departed the facility at approximately 12:15pm.
Section III - FOLLOW-UP
On February 24, 2025, I sent Mr. Mwagni an inventory of the chemical containers located at the Shepherd facility accompanied by the following request for information:
"The definition of solid waste codified at 40 CFR 261.2 includes storage in anticipation of or in lieu of disposal. Since the facility has ceased manufacture of its products, it is currently engaged in storage of the various chemicals present on the site at the time of this inspection with no anticipated onsite use. Therefore, for each container or material onsite, I am requesting: 1. A determination of whether that material will be managed as a solid or hazardous waste or as a commercial chemical product. 2. For each material determined to be a waste, what are the EPA and State waste codes that apply to that waste and what will be the anticipated means of disposal? 3. For each material determined to be a product, who will be taking possession of the material and what is its anticipated use?"
Mr. Mwagni provided a response to this request on March 4, 2025, in the form of an annotated version of the site inventory I provided on February 24, 2025. This document is included as Appendix 3. On March 5, 2025, Mr. Mwagni supplemented this response with shipping documents for those chemicals that had been shipped offsite as of that date. These records are included as Appendix 4
Section IV - AREAS OF CONCERN
Identification and Management of Hazardous Waste
The RCRA regulatory standards applicable to hazardous waste generators are codified at 40 Code of Federal Regulations (CFR) Part 262. These regulations require generators of solid waste to make a waste determination at the point of generation for any waste they generate (40 CFR 262.11). This point of generation is where the material in question meets the definition of solid waste codified in 40 CFR Part 261.2 and includes the point at which a material is being stored before or in-lieu of disposal.
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Sound Resource Solutions LLC. - Shepherd, Texas February 6, 2025
When the facility ceased manufacturing operations on January 10, 2025, the chemicals remaining at the facility started a period of storage where they were destined for either sale or disposal. At the time of this inspection on February 6, 2025, the facility had not made any waste determinations or marked any of the chemical containers according to the requirements for hazardous waste containers. After the inspection, documents provided by SRS indicated that up to 22 of the containers observed could have contained hazardous waste. Section V - LIST OF APPENDICES
Appendix 1 - Inspection Photo Log Appendix 2 - Inspector's Site Map Appendix 3 - Annotated Container Inventory Appendix 4 - Container Shipping Records as of March 5, 2025 Appendix 5 - Daily Inspection Summary and Follow-up Information Request Appendix 6 - Notice of Registration for Sound Resource Solutions, LLC. as of February 6, 2025
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Sound Resource Solutions, LLC. - Shepherd, TX Inspection Date: February 6, 2025
Appendix 1
Inspection Photo Log
Camera: Dell Latitude 7230 S/N: B87D0659-00000-00003-AA951 EPA Tag: None
Photo Number
1
File Name
Date
Time
WIN_20250206_1
0_04_29_Pro
.JPG 6-Feb-25 10:04am
Photographer John Penland
Description SRS facility entrance off FM1127
Debris pile from November 2023
2
fire. Sampled by SRS.
WIN_20250206_1
Characterized as non-hazardous
0_05_09_Pro
.JPG 6-Feb-25 10:05am John Penland industrial waste for disposal
275-gallon containers located in
3 WIN_20250206_1
area A on site map. Two sulfuric
0_06_23_Pro
.JPG 6-Feb-25 10:06am John Penland acid and two water
WIN_20250206_1
Tanker trailers 1 through 13 on
4 0_08_47_Pro
.JPG 6-Feb-25 10:08am John Penland site map.
WIN_20250206_1
Containers located in area B on
5 0_09_41_Pro
.JPG 6-Feb-25 10:09am John Penland site map.
WIN_20250206_1
Containers located in area B on
6 0_10_04_Pro
.JPG 6-Feb-25 10:10am John Penland site map.
WIN_20250206_1
Containers located in area B on
7 0_14_45_Pro
.JPG 6-Feb-25 10:14am John Penland site map.
WIN_20250206_1
Containers located in Area C on
8 0_15_51_Pro
.JPG 6-Feb-25 10:15am John Penland site map.
WIN_20250206_1
Containers located in Area C on
9 0_15_59_Pro
.JPG 6-Feb-25 10:15am John Penland site map.
WIN_20250206_1
Containers located in Area C on
10 0_16_02_Pro
.JPG 6-Feb-25 10:16am John Penland site map.
WIN_20250206_1
Containers located in Area C on
11 0_16_08_Scan .JPG 6-Feb-25 10:16am John Penland site map.
WIN_20250206_1
Containers located in Area C on
12 0_16_21_Scan .JPG 6-Feb-25 10:16am John Penland site map.
WIN_20250206_1
Containers located in Area C on
13 0_16_38_Scan .JPG 6-Feb-25 10:16am John Penland site map.
WIN_20250206_1
Containers located in Area C on
14 0_20_51_Pro
.JPG 6-Feb-25 10:20am John Penland site map.
WIN_20250206_1
Containers located in Area C on
15 0_20_57_Pro
.JPG 6-Feb-25 10:20am John Penland site map.
WIN_20250206_1
Containers located in Area C on
16 0_21_03_Pro
.JPG 6-Feb-25 10:21am John Penland site map.
WIN_20250206_1
Containers located in Area C on
17 0_21_11_Pro
.JPG 6-Feb-25 10:21am John Penland site map.
WIN_20250206_1
Containers located in Area C on
18 0_21_18_Pro
.JPG 6-Feb-25 10:21am John Penland site map.
Camera: Dell Latitude 7230 S/N: B87D0659-00000-00003-AA951 EPA Tag: None
Photo Number
19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38
File Name WIN_20250206_1 0_21_28_Pro WIN_20250206_1 0_21_37_Pro WIN_20250206_1 0_22_07_Pro WIN_20250206_1 0_22_12_Pro WIN_20250206_1 0_22_21_Pro WIN_20250206_1 0_22_28_Pro WIN_20250206_1 0_22_41_Pro WIN_20250206_1 0_23_01_Pro WIN_20250206_1 0_23_12_Pro WIN_20250206_1 0_23_20_Pro WIN_20250206_1 0_23_29_Pro WIN_20250206_1 0_23_57_Pro WIN_20250206_1 0_24_04_Pro WIN_20250206_1 0_24_08_Pro WIN_20250206_1 0_24_12_Pro WIN_20250206_1 0_24_24_Pro WIN_20250206_1 0_24_35_Pro WIN_20250206_1 0_24_53_Pro WIN_20250206_1 0_25_19_Pro WIN_20250206_1 0_25_53_Pro
Date
Time
.JPG 6-Feb-25 10:21am
.JPG 6-Feb-25 10:21am
.JPG 6-Feb-25 10:22am
.JPG 6-Feb-25 10:22am
.JPG 6-Feb-25 10:22am
.JPG 6-Feb-25 10:22am
.JPG 6-Feb-25 10:22am
.JPG 6-Feb-25 10:23am
.JPG 6-Feb-25 10:23am
.JPG 6-Feb-25 10:23am
.JPG 6-Feb-25 10:23am
.JPG 6-Feb-25 10:23am
.JPG 6-Feb-25 10:24am
.JPG 6-Feb-25 10:24am
.JPG 6-Feb-25 10:24am
.JPG 6-Feb-25 10:24am
.JPG 6-Feb-25 10:24am
.JPG 6-Feb-25 10:24am
.JPG 6-Feb-25 10:25am
.JPG 6-Feb-25 10:25am
Photographer John Penland John Penland John Penland John Penland John Penland John Penland John Penland John Penland John Penland John Penland John Penland John Penland John Penland John Penland John Penland John Penland John Penland John Penland John Penland John Penland
Description Containers located in Area C on site map. Containers located in Area C on site map. Containers located in Area C on site map. Containers located in Area C on site map. Containers located in Area C on site map. Containers located in Area C on site map. Containers located in Area C on site map. Containers located in Area C on site map. Containers located in Area C on site map. Containers located in Area D on site map. Containers located in Area D on site map. Containers located in Area I on site map. Containers located in Area I on site map. Containers located in Area I on site map. Containers located in Area I on site map. Containers located in Area I on site map and TT19 and TT20 Containers located in Area I on site map. Containers located in Area H on site map. Containers located in Area E on site map. Containers located in Area F on site map.
Camera: Dell Latitude 7230 S/N: B87D0659-00000-00003-AA951 EPA Tag: None
Photo Number
39 40 41 42 43 44
File Name WIN_20250206_1 0_26_17_Pro WIN_20250206_1 0_26_22_Pro WIN_20250206_1 0_26_31_Pro WIN_20250206_1 0_27_19_Pro WIN_20250206_1 0_27_33_Pro WIN_20250206_1 0_27_43_Pro
Date
Time
.JPG 6-Feb-25 10:26am
.JPG 6-Feb-25 10:26am
.JPG 6-Feb-25 10:26am
.JPG 6-Feb-25 10:27am
.JPG 6-Feb-25 10:27am
.JPG 6-Feb-25 10:27am
Photographer John Penland John Penland John Penland John Penland John Penland John Penland
45 .JPG John Penland
46 .JPG John Penland
47 .JPG John Penland
48 .JPG John Penland
49 .JPG John Penland
50 .JPG John Penland
51 .JPG John Penland
52 .JPG John Penland
53 .JPG John Penland
54 .JPG John Penland
55 .JPG John Penland
56 .JPG John Penland
57 .JPG John Penland
58 .JPG John Penland
Description Containers located in Area F on site map. Containers located in Area J on site map. Containers located in Area F on site map. Containers located in Area G on site map. Containers located in Area G on site map. Containers located in Area G on site map.
Sound Resource Solutions, LLC. - Shepherd, TX Inspection Date: February 6, 2025
Appendix 2
Facility Site Map
Sound Resource Solutions, LLC. - Shepherd, TX Inspection Date: February 6, 2025
Appendix 3
Annotated Container Inventory
Sound Resource Solutions, LLC. - Shepherd, TX Inspection Date: February 6, 2025
Appendix 4
Container Shipping Records as of March 5, 2025
Sound Resource Solutions, LLC. - Shepherd, TX Inspection Date: February 6, 2025
Appendix 5
Daily Inspection Summary and Follow-up Request
From: To: Cc: Subject:
Date:
Penland, John thomasm@soundrs.net Pandak, Debra Daily Summary - USEPA Region 6 RCRA Inspection - Sound Resource Solutions - Shepherd, TX (TXR000079927) - February 6, 2025 Thursday, February 6, 2025 10:01:00 PM
All, Here is a summary of my notes from today's inspection. If there are any errors or omissions, please let me know.
Introduction
On February 6, 2025, I, John Penland, will be conducted an unannounced inspection of the Sound Resource Solutions (SRS) facility located at 731 FM 1127 in Shepherd, Texas, for compliance with the Resource Conservation and Recovery Act (RCRA). The inspection included a walkthrough of the facility and will continue with a review of records following this onsite portion.
Purpose
The SRS facility was selected for inspection to evaluate the continuing operations at the facility following the November 2023 fire.
Inspection Attendees
Name John Penland
Thomas Mwagni
Title Lead Hazardous Waste Inspector Owner
Greg
General Manager
Stu McBride Environmental Consultant
Kyle Marcantel
Material Handler
Representing US EPA Region 6
Phone 214-6659717
Email Penland.john@epa.gov
Sound Resource Solutions R & F Industries - Luling, TX Ridgeline Engineering, LLC. Sound Resource Solutions
thomasm@soundrs.net
830-4451375
Daily Summary
Initial Entry to the facility - approximately 9:00am
I presented my credentials to Mr. Kyle Marcantel and informed him that I was there to conduct an inspection of the facility under the authority of section 3007 of the Resource Conservation and Recovery Act (RCRA). Mr. Marcantel informed me that the facility had ceased production prior to January 10, 2025. He was the only current employee at the facility and in a caretaker position. Following this introduction, I requested he contact relevant management or ownership to inform them of this inspection. Mr. Marcantel contacted the general manager of R&F Industries in Luling, TX and the SRS owner.
RCRA Section 3007 For purposes of developing or assisting in the development of any regulation or enforcing the provisions of this chapter, any person who generates, stores, treats, transports, disposes of, or otherwise handles or has handled hazardous wastes shall, upon request of any officer, employee or representative of the Environmental Protection Agency, duly designated by the Administrator, or upon request of any duly designated officer, employee or representative of a State having an authorized hazardous waste program, furnish information relating to such wastes and permit such person at all reasonable times to have access to, and to copy all records relating to such wastes. For the purposes of developing or assisting in the development of any regulation or enforcing the provisions of this chapter, such officers, employees or representatives are authorized-- (1)to enter at reasonable times any establishment or other place where hazardous wastes are or have been generated, stored, treated, disposed of, or transported from; (2)to inspect and obtain samples from any person of any such wastes and samples of any containers or labeling for such wastes.
SRS has the right to assert a Confidential Business Information claim for records requested by EPA (see attachment).
Process for transferring electronic records - EPA has set up a Microsoft OneDrive folder with access restricted to the inspection participants.
Facility Description
SRS is in the process of ceasing operations as a business. The facility occupies 30 acres located at 731 FM 1127 in Shepherd, Texas. The facility currently only has one employee onsite as it unwinds its operations. The November 2023 fire destroyed all structures and operating equipment on the property. Since the fire, SRS began solvent blending operations using portable tanks but this operation ceased prior to January 10, 2025. Raw materials, production wastes, and some unsold product remain stored in containers onsite. In addition, some debris
and materials impacted by the fire remain at the facility. The facility remains unsecured with uncontrolled pedestrian access and only one person present during normal business hours.
The site is registered as a very small quantity generator with the EPAID: TXR000079927.
Facility Walkthrough
Beginning at approximately 9:30am Accompanied by Kyle Marcantel, I took an inventory of containers and waste piles located on the site. This inventory was documented using a hand-drawn map, photographs, and a written inventory using the labels and Mr. Marcantel's knowledge to determine the contents of the containers. Copies of the map and inventory are scanned into shared OneDrive Folder.
Follow-up information requested
The definition of solid waste codified at 40 CFR 261.2 includes storage in anticipation of or inlieu of disposal. Since the facility has ceased manufacture of its products, it is currently engaged in storage of the various chemicals present on the site at the time of this inspection with no anticipated onsite use. Therefore, for each container or material onsite, I am requesting:
1. A determination of whether that material will be managed as a solid or hazardous waste or as a commercial chemical product.
2. For each material determined to be a waste, what are the EPA and State waste codes that apply to that waste and what will be the anticipated means of disposal?
3. For each material determined to be a product, who will be taking possession of the material and what is its anticipated use?
I will be transcribing my handwritten inventory into a spreadsheet and will email it separately.
Departed Facility at approximately 12:15pm
Following up from my inspection of the Sound Resource Solutions facility in Shepherd, TX, please find attached an inventory of chemicals present onsite at the time of this inspection. This inventory is based on my notes at the time of the inspection and may not be complete.
Please use this inventory to respond to my request for additional information.
For each container or material onsite, I am requesting: 1. A determination of whether that material will be managed as a solid or hazardous waste or as a commercial chemical product. 2. For each material determined to be a waste, what are the EPA and State waste codes that apply to that waste and what will be the anticipated means of disposal? 3. For each material determined to be a product, who will be taking possession of the material and what is its anticipated use?
I will be in touch shortly to discuss this request.
Thank you,
John Penland Sr. Environmental Scientist Enforcement and Compiance Assurance Division (ECAD) United States Environmental Protection Agency - Region 6 1201 Elm Street, Suite 500, Dallas, TX 75270 214-665-9717 Penland.john@epa.gov
Sound Resource Solutions, LLC. - Shepherd, TX Inspection Date: February 6, 2025
Appendix 6
Notice of Registration for Sound Resource Solutions, LLC. as of February 6, 2025