Document n9Ee7BrpMDoLGYVZqd9YY5Qew

Inspection Entry Date/Time Inspection Exit Date/Time Regulatory Program Type of Inspection EPA REGION 6 Enforcement Division INSPECTION REPORT 05/20/2024 14:30 (CT) 05/20/2024 16:10 (CT) RCRA Focused Compliance Inspection (FCI) Announced: No Access: Granted 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 Martin Energy TXR000042580 1 Harbor Island Rd Aransas Pass, TX 75663 Nueces County None None Martin Energy is a full-service oil field dock that provides vessels with supplies/groceries for production activities, fuels vessels, and offers forklift and crane services. 27.847216, -97.061934 Additional Persons Participating in Inspection: Name Title Organization Cameron Tanaka Erin Young-Dahl Contractor Inspector Eastern Research Group (ERG) EPA REGION 6 John Penland Inspector EPA REGION 6 Email Cameron.Tanaka@erg.com YoungDahl.Erin@epa.gov Penland.John@epa.gov Phone (508) 314-6432 (214) 665-3166 (214) 665-9717 Lead Inspector: Brook McKeown ERG Brook.McKeown@erg.com 09/03/2024 (410) 459-5811 Page 1 of 6 Martin Energy Inspection Date: 05/20/2024 SECTION I - INTRODUCTION Site Entry and Purpose of the Inspection The Port of Corpus Christi and surrounding facilities were selected for inspection based on an Environmental Justice and Regional initiative to evaluate facilities at ports receiving or transporting Resource Conservation and Recovery Act (RCRA)-regulated hazardous wastes, and/or have an International Convention for the Prevention of Pollution from Ships (MARPOL) Annex V Certificate of Adequacy (COA) issued by the U.S. Coast Guard (USCG). This report is based on information supplied by the facility representatives, inspector observations, and other records, including photographs taken (see Appendix 1), verbal or written statements made during or after the on-site inspection, and/or materials shown, demonstrated, or submitted to the EPA during or after the on-site inspection. In addition, information gathered prior to or after the inspection from a review of EPA, State, and public records may be included in this report. Attendees Title/Organization Lead Inspector/ Contractor/ERG RCRA Inspector/ Contractor/ERG Inspector/Enforcement Officer/EPA Region 6 Inspector/Enforcement Officer/EPA Region 6 Name Phone Email Opening Closing Conf. Conf. Brook McKeown (410) 459-5811 Brook.McKeown@erg.com Yes No Cameron Tanaka (508) 314-6432 Cameron.Tanaka@erg.com Yes No Erin Young-Dahl (214) 665-3166 YoungDahl.Erin@epa.gov Yes Yes John Penland (214) 665-9717 Penland.John@epa.gov Yes Yes Page 2 of 6 Martin Energy Inspection Date: 05/20/2024 Facility General Description Tenant/Area Martin Energy Inspection Date 05/20/24 Process Description Martin Energy (Martin) is a full-service oil field dock that provides vessels with supplies and groceries for production activities, fuels vessels, and offers forklift and crane services. The company takes off empty grocery boxes, empty tote tanks of fuel, empty baskets, maintenance waste, completely empty paint buckets, used batteries, trash, oily non-hazardous waste, and used oil (bilge or slop water) from vessels. Martin transfers these materials offsite through a third party. The facility also generates its own waste through maintenance activities in the form of used oil and oil contaminated debris. Martin maintains a MARPOL COA for Annex I and V. Area of Concern Yes Page 3 of 6 Martin Energy Inspection Date: 05/20/2024 SECTION II - OBSERVATIONS Tenant: Martin Energy Section: 2.1 Date: 05/20/24, 02:30 PM Contains AOC: Yes Contains CBI: No Lead Inspector: Brook McKeown Attendees: Ben Plummer (Dispatcher) Martin is a full-service oil field dock that provides vessels with supplies and groceries for production activities, fuels vessels, and offers forklift and crane services. The company takes off empty grocery boxes, empty tote tanks of fuel, empty baskets, maintenance waste, completely empty paint buckets, used batteries, general trash, oily non-hazardous waste, and used oil (bilge or slop water) from vessels; it transfers these materials offsite through a third party. Martin mostly services production platforms and other vessels. Mr. Plummer also explained that they have 55-gallon drums of used oil filters on pallets in their warehouse. Martin is a registered used oil handler with EPA ID TXR000042580. Martin maintains any non-hazardous waste manifests that it receives from vessels. To the best of Mr. Plummer's knowledge, they have never received any hazardous waste. The bilge and slop water Martin receives is pumped by vessels into one of Martin's 16 used oil totes. These wastes are managed as used oil and are sent to Holcomb Environmental once every month or two months. The company also generates its own waste through maintenance activities in the form of used oil and oil contaminated debris. Martin personnel described their company as a used oil generator and transfer facility. In a follow-up document from Carl DiMario, the facility's MARPOL COA was included as Attachment A (see Appendix 2). After the opening conference, the inspection team observed Martin's general yard area, including its containment area, and its warehouse. Observations and areas of concern (AOCs) are organized by section below along with facility responses where relevant. Containment Area: During the inspection, the inspection team observed four red 55-gallon drums full of used oil and four black 55-gallon drums full of oil contaminated filters that were not labeled, along with five empty red 55-gallon drums in the containment area in Martin's yard (see Appendix 1 - Photo 1) [AOC #1- Martin did not clearly label containers used to store used oil with the words "Used Oil" - 40 CFR 279.22(c)]. In his response, Mr. DiMario explained that the four full red drums were generated by Martin from facility maintenance tasks and containment pump outs, and he included an image of the drums with two visible "Used Oil" labels as Attachment C (see Appendix 2). General Yard Area: In the yard area the inspection team observed eight 55-gallon plastic drums partially filled with oily rags and debris (see Appendix 1 - Photo 2). One of these drums was not labeled (see Appendix 1 - Photos 2 and 3). In his response document, Mr. DiMario explained that the drum contained oily filters and rags generated by Martin personnel from maintenance tasks, and he included an image of the drum with a visible nonhazardous waste label as Attachment D (see Appendix 2). The inspection team also observed an unlabeled box used to store used lead-acid batteries generated by Martin's customers (see Appendix 1 - Photos 4 and 5) [AOC #2 - Martin did not store universal waste batteries or containers used to store waste batteries with a label containing one of the following phrases: "Universal Waste--Battery(ies)," or "Waste Battery(ies)," or "Used Battery(ies)" - 40 CFR 273.14(a)]. The box and the batteries were also not dated [AOC #3 - Martin did not demonstrate the length of time universal waste has been accumulating - 40 CFR 273.15(c)]. In his Page 4 of 6 Martin Energy Inspection Date: 05/20/2024 response document, Mr. DiMario explained these batteries are picked up by the supplier and replaced with new batteries through a recycling and reclamation program with the supplier. According to Mr. DiMario, Martin has contacted the battery vendor for a removal and swap out of the used batteries by no later than 06/05/2024 (see Appendix 2). The inspection team also observed five unlabeled black 55-gallon plastic drums (see Appendix 1 - Photos 6 and 7). The inspection team requested Martin personnel to provide the date the containers were brought to the facility and documentation of the contents of the containers. In his follow-up document, Mr. Dimario indicated that the containers held corrosion inhibitor, a customer's product material, and he included a picture of the containers with labels added as Attachment B (see Appendix 2). Warehouse: The inspection team also observed two drums of oily rags, pads, and filters with no label (see Appendix 1 - Photos 8 and 9). Mr. DiMario explained in his follow-up document that the oily rags, pads, and filters in this container were generated by Martin personnel from maintenance tasks at various locations on the facility, and he included an image of the drums with visible non-hazardous waste labels as Attachment E (see Appendix 2). The inspection team observed an empty tote that Martin uses to store generated used oil that was not properly labeled (see Appendix 1 - Photos 10 and 11). After the visual inspection, the inspection team reviewed Martin's manifests for transfers of used oil. Two of the manifests indicated that Martin failed to transfer used oil within 35 days of receiving it onsite (see Appendix 1 - Photos 12 and 13) [AOC #4 - Martin held used oil for over 35 days before transfer - 40 CFR 279.45(a)]. In his follow-up document, Mr. Dimario explained that Martin contacted their used oil vendor to set up automatic 30-day facility pickups to ensure Martin does not exceed the 35-day limitations for storing used oil at the facility (see Appendix 2). A closing conference was conducted at approximately 4:00 PM with Martin personnel. The AOCs were communicated during the closing; however, further EPA review may change or add ot their potential AOCs. Besides the responses described above, Mr. DiMario also explained that on May 28, 2024, Martin completed training on the following topics, where MES stands for Martin Energy Services: "Storage, handling, and marking requirements for generators and or reception facilities (MES Harbor Island) Mixing used oil and hazardous waste Oil spill control and countermeasure (SPCC) requirements Special rules for mixtures, "derived-from" materials, oily rags and oil filters for MES Generators Used oil release reporting and response rules Rules for used permitted Oil Transfer Facilities (MES Harbor Island)" (see Appendix 2) Mr. Dimario also included the training sign-in sheet in his response document (see Appendix 2). Page 5 of 6 Martin Energy Inspection Date: 05/20/2024 SECTION III - RECORDS REVIEW No RCRA-regulated records were reviewed during this focused onsite inspection. SECTION IV - AREAS OF CONCERN The presentation of Area(s) of Concern does not constitute a formal compliance determination or violation. Tenant: Martin Energy AOC #1 - Martin did not clearly label containers used Citation: 40 CFR 279.22(c) to store used oil with the words "Used Oil." Section: 2.1 AOC #2 - Martin did not store universal waste batteries or containers used to store waste batteries with a label containing one of the following phrases: "Universal Waste--Battery(ies)," or "Waste Battery(ies)," or "Used Battery(ies)." Citation: 40 CFR 273.14(a) Section: 2.1 AOC #3 - Martin did not demonstrate the length of time universal waste has been accumulating. Citation: 40 CFR 273.15(c) Section: 2.1 AOC #4 - Martin held used oil for over 35 days before Citation: 40 CFR 279.45(a) transfer. Section: 2.1 SECTION V - FOLLOW UP Documents or files provided by the facilities were transmitted via email and included responses to AOCs or provision of documents requested. Communication Log During and after the inspection, additional information was emailed to EPA including: 1. 05/28/24 Martin email - Carl DiMario sent an email including requested documents and responses to AOCs. SECTION VI - LIST OF APPENDICES Appendix 1. Photograph Log Appendix 2. Martin Energy Follow-Up Document Page 6 of 6 APPENDIX 1. PHOTOGRAPH LOG UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Location: Martin Energy City: Aransas Pass Photo No. 1 County/Parish: Nueces State: Texas Photo File Name: DSCN1065 Date of Photo: 05/20/2024 Time of Photo: 15:08 hrs. Photographer: Cameron Tanaka Description: View of four red 55-gallon drums full used oil and four black 55-gallon drums full of oil contaminated filters that were not labeled, along with five empty red 55-gallon drums in the containment area in Martin's yard. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Location: Martin Energy City: Aransas Pass Photo No. 2 County/Parish: Nueces State: Texas Photo File Name: DSCN1066 Date of Photo: 05/20/2024 Time of Photo: 15:10 hrs. Photographer: Cameron Tanaka Description: View of eight 55-gallon plastic drums partially filled with oily rags and debris in Martin's general yard area. One of these drums was unlabeled (observed). UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Location: Martin Energy City: Aransas Pass Photo No. 3 County/Parish: Nueces State: Texas Photo File Name: DSCN1067 Date of Photo: 05/20/2024 Time of Photo: 15:11 hrs. Photographer: Cameron Tanaka Description: Close-up view of the unlabeled 55-gallon plastic drum in the general yard area shown in Photo No. 2 (observed). UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Location: Martin Energy City: Aransas Pass Photo No. 4 County/Parish: Nueces State: Texas Photo File Name: DSCN1068 Date of Photo: 05/20/2024 Time of Photo: 15:19 hrs. Photographer: Cameron Tanaka Description: View of unlabeled box used to store used lead-acid batteries in Martin's general yard area. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Location: Martin Energy City: Aransas Pass Photo No. 5 County/Parish: Nueces State: Texas Photo File Name: DSCN1069 Date of Photo: 05/20/2024 Time of Photo: 15:19 hrs. Photographer: Cameron Tanaka Description: View of the inside of the unlabeled box used to store used lead-acid batteries in Martin's general yard area. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Location: Martin Energy City: Aransas Pass Photo No. 6 County/Parish: Nueces State: Texas Photo File Name: DSCN1070 Date of Photo: 05/20/2024 Time of Photo: 15:23 hrs. Photographer: Cameron Tanaka Description: View of five unlabeled black 55-gallon plastic drums in Martin's general yard area (observed). UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Location: Martin Energy City: Aransas Pass Photo No. 7 County/Parish: Nueces State: Texas Photo File Name: DSCN1071 Date of Photo: 05/20/2024 Time of Photo: 15:25 hrs. Photographer: Cameron Tanaka Description: Overview of the area in the general yard area where the drums shown in Photo No. 7 were located (observed). UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Location: Martin Energy City: Aransas Pass Photo No. 8 County/Parish: Nueces State: Texas Photo File Name: DSCN1072 Date of Photo: 05/20/2024 Time of Photo: 15:34 hrs. Photographer: Cameron Tanaka Description: View of a drum containing oily rags, pads, and filters with no label in Martin's warehouse (observed). UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Location: Martin Energy City: Aransas Pass Photo No. 9 County/Parish: Nueces State: Texas Photo File Name: DSCN1074 Date of Photo: 05/20/2024 Time of Photo: 15:35 hrs. Photographer: Cameron Tanaka Description: View of a drum containing oily rags, pads, and filters with no label in Martin's warehouse (observed). UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Location: Martin Energy City: Aransas Pass Photo No. 10 County/Parish: Nueces State: Texas Photo File Name: DSCN1075 Date of Photo: 05/20/2024 Time of Photo: 15:38 hrs. Photographer: Cameron Tanaka Description: View of an empty used oil tote in Martin's warehouse that was not properly labeled (observed). UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Location: Martin Energy City: Aransas Pass Photo No. 11 County/Parish: Nueces State: Texas Photo File Name: DSCN1076 Date of Photo: 05/20/2024 Time of Photo: 15:38 hrs. Photographer: Cameron Tanaka Description: Close-up view of the label on the empty used oil tote in Martin's warehouse shown in Photo No. 10 (observed). UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Location: Martin Energy City: Aransas Pass Photo No. 12 County/Parish: Nueces State: Texas Photo File Name: DSCN1077 Date of Photo: 05/20/2024 Time of Photo: 15:56 hrs. Photographer: Cameron Tanaka Description: View of the first manifest for a used oil transfer that indicates the used oil had been on Martin's site for over 35 days. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Location: Martin Energy City: Aransas Pass Photo No. 13 County/Parish: Nueces State: Texas Photo File Name: DSCN1078 Date of Photo: 05/20/2024 Time of Photo: 15:56 hrs. Photographer: Cameron Tanaka Description: View of the second manifest for a used oil transfer that indicates the used oil had been on Martin's site for over 35 days. APPENDIX 2. MARTIN ENERGY FOLLOW-UP DOCUMENT Environmental Department May 28, 2024 In reference to: Martin Operating Terminal - POCCA Week 3 EPA RCRA Inspections RE: MES Harbor Island facility Compliance Inspection 5/20/2024 To Whom It May Concern, In response to the compliance inspection performed at the Harbor Island Facility, we have listed all corrective actions implemented and additional compliance training for personnel. Pleases see responses and corrective actions following each identified area of concern in enclosed Attachments. If you have any questions or require additional information you may contact Mr. Carl DiMario at (251) 375-4264 or carl.dimario@martinmlp.com. Sincerely, Carl DiMario, Waste Program Manager/Senior Environmental Specialist Bob Winget, Harbor Island Facility Area Manager cc: Randall Whitmore, Martin Resource Management Corporate Environmental Director Martin Files Appendix 2 Page 1 of 11 Document Request 1 Please provide a copy of the facility's MARPOL Certificate of Adequacy (See Attachment A) 2 During the inspection we observed five unlabeled black 55-gallon plastic drums, for these containers, could you please provide: (See Attachment B) The date the containers were brought to the facility. Documentation of the contents of the containers. (Customer Product "Corrosion Inhibitor") 5 see areas of concern #1 During the inspection we observed four red 55-gallon steel drums which reportedly contained used oil. For these drums, can you please provide the date the used oil drums were transferred to the site from your customer's vessel and documentation of the date they are transferred off-site (if the pick-up occurs within the next two weeks). (Martin Generated from facility maintenance tasks) (See Attachment C) Areas of Concern The following waste containers were not labeled as to their contents: 1 Four red 55-gallon steel drums of used oil generated by your customers in the containment area in the yard. (Martin generated from containment pump outs and maintenance) (See Attachment C) 2 One black 55-gallon plastic drum that contained spent oily filters/rags generated by your customers. This was staged with seven other 55-gallon black plastic drums, each of which were labeled. (Drum containing oily filters/rags was generate by Martin personnel from maintenance tasks throughout the yard.) (See Attachment D) 3 A box used to store lead-acid batteries, generated by your customers. (Customer batteries for reclamation, these batteries are picked up by supplier and replaced with new batteries. This is a recycle program from supplier to client for reuse) Client has contacted vendor for removal/swap out of batteries that will be completed NLT 6/5/2024. 4 Two 55-gallon drums containing oily filters/rags, generated by Martin Operating Terminal, located in the warehouse. (Maintenance is performed at various locations within the confines of the facility on pumps and PIT equipment. Once maintenance tasks are completed the drums are moved to the "Used Oil laydown area.) (See Attachment E) 5 Two shipments of used oil transferred to the facility were documented to have been stored on-site for longer than 35 days, based on the dates that your customer signed the manifest and the date the transporter signed that they picked the material up. As a transfer facility of used oil, used oil containers have a storage limit of 35 days. (Martin has contacted our USED OIL vendor to automatically set up 30 day facility pickups to ensure Martin does not exceed the 35 day limitations for storing USED OIL on site) Please note: On May 28, 2024 training was completed on the following topics. Storage, handling, and marking requirements for generators and or reception facilities (MES Harbor Island) Mixing used oil and hazardous waste Oil spill control and countermeasure (SPCC) requirements Special rules for mixtures, "derived-from" materials, oily rags and oil filters for MES Generators Used oil release reporting and response rules Rules for used permitted Oil Transfer Facilities (MES Harbor Island) Training sign in sheet attached (See Attachment F) Appendix 2 Page 2 of 11 Attachment A Appendix 2 Page 3 of 11 Appendix 2 Page 4 of 11 Appendix 2 Page 5 of 11 Attachment B Appendix 2 Page 6 of 11 Attachment C Appendix 2 Page 7 of 11 Attachment D Appendix 2 Page 8 of 11 Attachment E Appendix 2 Page 9 of 11 Attachment F Appendix 2 Page 10 of 11 Appendix 2 Page 11 of 11