Document pmrKpxJxQqe1jk0kbeNoXkE9w

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 8 RESOURCE CONSERVATION AND RECOVERY ACT BASIC INFORMATION Facility Name: Estvold Oilfield Services RCRA ID: NDR000014183 Facility Location: 3914 84th Ave NW New Town, ND 58763 NE Corner of 84th Ave NW & Hwy 23/1804 Lat/Long: 47.979165, -102.384630 Notification Status: Non-notifier Facility Contact: Mike Borgschatz, Chief Operating Officer, 701-898-8533 Date of Inspection: June 8, 2022 Arrival Time: 1:53 p.m. Departure Time: 3:22 p.m. Lead Inspector: Annette Maxwell, U.S. EPA RCRA Inspector Attendees: 1. Kristin McNeill, U.S. EPA 2. Mike Borgschatz, Estvold Oilfield Services Type and Purpose of Inspection: Compliance Evaluation Inspection RCRA Subtitle C Inspection Facility Type: Oilfield Services Facility Facility located within the exterior boundary of the Fort Berthold Reservation Applicable Regulations to Inspection: 40 CFR Parts 260-279 Inspection Type: Unannounced Inspection EPA Inspection OPENING CONFERENCE Upon arrival at the facility the inspectors were informed by onsite personnel that the facility contact, Mike Borgschatz, was in an office across the street at 8449 39th St NW, New Town, ND, so we proceeded to that location and conducted an opening conference with Mr. Borgschatz, including an explanation of the scope of the inspection and presentation of credentials. We then returned to the site with Mr. Borgschatz and continued the inspection. STAFF INTERVIEW The following general facility and process description information was obtained verbally during this inspection from Mike Borgschatz unless otherwise noted. Facility Name: Estvold Oilfield Services Facility Location: Lat/Long: 47.979165, -102.384630 Date of Inspection: June 8, 2022 General Facility and Process Description: Estvold Oilfield Services (Estvold) provides services including, but not limited to, dirt work, facility maintenance, tank battery construction, and sucker rod pipe inspections, and has operated at this location since approximately 2013. Operating hours for the site are 6:00 a.m. to 6:00 p.m. Monday through Saturday. Activities that occur at the facility that generate waste include vehicle and equipment maintenance, sand blasting and sucker rod coating. Estvold holds a TENORM decontamination license through the North Dakota Department of Environmental Quality. During sucker rod coating, the rods are first cleaned down to the metal during the inspection process. Steel shot is used to remove scale, and from that process particulates are collected using a dust collector. Heavier shot is reused and fines are collected for disposal to KT Enterprises. While awaiting transport for disposal, these fines are stored outdoors on the northeast corner of the north building in 55-gallon drums. Rods that do not pass inspection due to defects may be sold to ranchers or other users for fencing and other uses. The wash bay at the facility doubles as a paint booth. Wastes generated in this area include paint booth filters and wastewater with scale and residual paint in an underground vault, which is collected via vacuum truck and hauled to KT Enterprises for disposal. Used oil generated onsite is transported by Pat's Offroad dba Oil Worx. Spent lead-acid batteries are picked up by the supplier and exchanged. Non-TENORM, non-hazardous facility trash is transported for disposal to the Minot Landfill. TOUR INFORMATION Areas of the facility toured: x Storage building, including equipment maintenance, storage and the fabrication (welding) shop x Outdoor parts, scrap metal and trash trailer storage x Sucker rod inspection shop x Inspection bay (finished rods) x Outdoor chemical storage (east side of north building) x Wash bay Only those areas in which we observed potential compliance concerns or noted pertinent activities are further discussed below. Observations: In the storage building, a tote containing used oil was not marked or labeled with the words "Used Oil". At the wash bay/paint booth, I asked whether a hazardous waste determination had been performed on the paint filters. Mr. Borgschatz was not sure of the status of a hazardous waste determination on the paint filters. Page 2 of 4 Facility Name: Estvold Oilfield Services Facility Location: Lat/Long: 47.979165, -102.384630 Date of Inspection: June 8, 2022 Outdoors on the east side of the north building near the wash bay, I observed paint blast media on the ground (photo #1). Mr. Borgschatz stated that he thought he had previously submitted hazardous waste determination documentation for this waste, but prior to and following the inspection I was not able to locate that documentation. Mr. Borgschatz stated that the brand of abrasive used was Black Magic Coal Slag. In the same area I observed four totes (photo #2), one of which Mr. Borgschatz identified as roundup herbicide awaiting use. He was not able to identify the contents of the other three totes. Inspection Logbook Nos.: 2021-0019 Pages: 1-9 and 2021-0023 Pages 1-15 CLOSING CONFERENCE Deficiencies or Concerns: During the closing conference, I informed Mr. Borgschatz that I would be requesting follow-up on the labeling of the used oil tote and waste determinations on the paint filters, paint blast waste and the contents of the three totes containing unknown material. INSPECTION FOLLOW-UP Outstanding Concerns or Deficiencies: Follow-up from the facility is needed regarding: 1) Hazardous waste determinations for: a. Paint booth filters b. Three totes of unknown material located on the east side of the north building c. Spent paint blast media on the ground on the east side of the north building 2) Labeling with the words "Used Oil" on totes and containers holding used oil Details regarding follow-up on these matters will be included in correspondence to the facility, as appropriate. The acceptance criteria of the disposal facilities identified during the inspection was not evaluated during this inspection. However, Estvold is requested to ensure that all disposal facilities receiving waste are provided thorough and accurate waste generation information and are authorized to receive that waste. For example, facilities that are authorized to receive oilfield waste that is exempt from RCRA Subtitle C hazardous waste regulation per 40 CFR 261.4(b)(5) (commonly referred to as the exploration and production, or E&P, exemption) may not be authorized to receive non-exempt waste even if it is not hazardous waste. Page 3 of 4 Facility Name: Estvold Oilfield Services Facility Location: Lat/Long: 47.979165, -102.384630 Date of Inspection: June 8, 2022 SIGNATURES ANNETTE MAXWELL Date: 2023.01.10 12:06:53 -07'00' Digitally signed by ANNETTE MAXWELL __________________________________________________________ Annette Maxwell, RCRA Inspector Pearson, Janice Digitally signed by Pearson, Janice Date: 2023.01.10 13:49:05 -07'00' __________________________________________________________ Janice A. Pearson, Manager RCRA & OPA Enforcement Branch Enforcement and Compliance Assurance Division Appendices and Attachments - Attachment 1 - Photograph Log Page 4 of 4 Facility Name: Estvold Oilfield Services Facility Location: Lat/Long: 47.979165, -102.384630 Date of Inspection: June 8, 2022 Appendix 1 - Photograph Log Photo 1: 20220608_145816.jpg, collected by Annette Maxwell on 6/8/2022; photo of spent blast media on the ground on the east side of the north building. Page 1 of 2 Facility Name: Estvold Oilfield Services Facility Location: Lat/Long: 47.979165, -102.384630 Date of Inspection: June 8, 2022 Photo 2: 20220608_150154.jpg, collected by Annette Maxwell on 6/8/2022; photo of four totes located on the east side of the north building. Photo 3: PXL_20220608_201329304.jpg, collected by Kristin McNeill on 6/8/2022; photo of an empty paint thinner container used for painting in the facility's paint booth/wash bay. Page 2 of 2 IU SITE VISIT DATA SHEET INSTRUCTIONS: Record observations made during the IU site visit. Provide as much detail as possible. Name of industry: Interroll Engineering West Address of industry: 1 Forge Road Caon City, Colorado 81212 Date of visit: 9/25/2024 Time of visit: 10:04 a.m. - 11:15 a.m. Name of inspectors: Preston Hamby, Fremont Sanitation District Jennifer Ferrando and Stephanie Passarelli, EPA Region 8 Chuck Durham and Sirese Jacobson, ERG Provide the name(s) and title(s) of industry representative(s) Name Sherry Decker Shawn Thompson Title EHS Not provided Report Review and signature Drafter Name Sirese Jacobson Reviewer Name Jennifer Ferrando Reviewer Name STEPHANIE PASSARELLI Stephanie Passarelli Digitally signed by STEPHANIE PASSARELLI Date: 2025.01.27 10:25:17 -07'00' Supervisor Signature / Name EMILIO LLAMOZAS Emilio Llamozas Digitally signed by EMILIO LLAMOZAS Date: 2025.01.27 10:12:42 -07'00' Address/Phone Number Eastern Research Group 1113 Washington Avenue, Suite 300 Golden, CO 80401 720-789-8044 Address/Phone Number U.S. EPA Region 8 1595 Wynkoop Street 8ECA-W-N Denver, Colorado 80202 303-312-6601 Address/Phone Number U.S. EPA Region 8 1595 Wynkoop Street 8ECA-W-N Denver, Colorado 80202 303-312-6803 Address/Phone Number U.S. EPA Region 8 1595 Wynkoop Street 8ECA-W-N Denver, Colorado 80202 303-312-6407 Date 11/8/2024 Date 1/17/25 Date 1/22/25 Date 01/22/2025 Page 1 of 9 IU Permit Number: 21 Exp. Date: October 17, 2025 Please provide the following documentation: IU Classification: CIU subject to 40 CFR 433.17 1. Nature of operation: The facility is a metal finisher that manufactures conveyor belt turns for a variety of business applications, including Amazon, Federal Express, the United Postal Service, and airports. 2. Number of employees: 55 Number of shifts: 1 Hours of operation: Mon. - Fri., operating hours not determined 3. Wastestream flow(s) discharged to the POTW: Wastewater is primarily generated from washdown of spray booths. Sanitary: Not provided Process: 25-30 gpd Combined: Not provided 4. Describe any significant changes in process or flow: None 5. Type of pretreatment system (Describe): None There is a flow meter located between the pressure washer and the spray booth. Wash water collects in sumps within each spray booth and is then pumped to the filtration system, then to the neutralization tank. Sodium hydroxide is used for pH adjustment, which is typically maintained at around 8.0 standard units (s.u.). The 55gallon drum has an outlet at or near the midpoint from a height perspective. The wastewater gravity feeds from that outlet to the discharge connection point. Continuous flow X Batch Combined IU SITE VISIT DATA SHEET (Continued) 6. Process area description (identify raw materials and processes used) Raw materials include steel (4'x10' sheets), nylon, powder coat and paints. The steel sheets are laser cut, then rolled with a hand-rolling machine, then formed using various size brake presses. Parts then go through the washdown booth which consists of a wash, rinse, second wash, and a bake oven. Parts will then go through either the powder coat booth or to one of three paint spray booths followed by a bake oven. The final step is assembly. 7. Chemical storage area (identify the chemicals that are maintained on site and how they are stored): The inspection team observed the facility storing phosphoric acid, degreasers, and detergents. Paint pucks are stored in a designated area for hazardous waste pickup. Any floor drains? No Any spill control measures? Yes, spill kits. Secondary containment pallets. Page 2 of 9 8. Are hazardous wastes drummed and labeled? Yes 9. Does the IU have hazardous waste manifests? Yes. The facility is a small quantity hazardous waste generator. The facility primarily generates hazardous waste as the paint pucks (paint is burned off to form pucks, which are disposed of by Safety Kleen quarterly), and cleanout from the parts washer (the parts washer is selfcontained, but cleaned out every 6-12 weeks, and waste is disposed of by Safety Kleen). Safety Kleen also disposes of mop water from collection pit every 6 weeks. 10. Solid waste production and disposal: The facility generates scrap metal waste which is hauled offsite by Veolia Waste Management quarterly. 11. Description of sample location and methods: Samples are collected using a tube to pull small volumes from top of neutralization tank into sample bottles. The permit requires the facility to conduct self-monitoring for pH 3 times per week. Interroll personnel indicated that the samples are collected at a set time in the morning for each sample day. FINDINGS AND CORRECTIVE ACTIONS The following findings were identified during the inspection. The EPA has requested the District work directly with Interroll Engineering West to oversee correction of these items. No response from Interroll Engineering West to the EPA is requested at this time. Page 3 of 9 Facility representatives noted that they have recently changed to an environmentally friendly wash agent. The facility had been using a dilute phosphoric acid wash solution but is now using a caustic-based wash solution. Finding 1 - Interroll Engineering West is not properly calibrating its pH meter. The inspection team requested to see the pH buffer solutions used for meter calibration. The facility uses only a 7.0 buffer for calibration. Pretreatment Requirement Section I.2 of the discharge permit for Interroll states "The Permittee, if so directed by the District, shall provide and maintain, at its own expense, adequate facilities to consistently meet the effluent limitations established by this Permit. The Permittee shall at all times maintain these facilities in good working order and operate them as effectively as possible to achieve compliance with the terms and conditions of this Permit." 40 CFR 403.8(f)(2)(v) stipulates that POTWs are required to conduct surveillance activity in order to identify occasional and continuing noncompliance. Corrective Action 1 The POTW should ensure that all SIUs are complying with the requirements of their discharge permit, including requirements for properly maintaining monitoring equipment. Specifically related to pH monitoring, the POTW should ensure that all SIUs are at minimum performing a two-point calibration for pH meters using buffers that cover the expected range of pH readings expected in the effluent discharge. A three-point calibration should be used for a pH range that is both below and above 7 standard units. Finding 2 - The inspection team observed chemicals stored in the parts washer area which are no longer used in the process per the facility representative. During the walk through, the inspection team viewed the parts washer and containment area for cleaners used in the washing stage (see Photograph 2). The facility representative noted that the blue drum is the phosphoric acid cleaner that is no longer in use. The white bucket in front of the photo is the new caustic cleaning solution that replaced the phosphoric acid cleaner. Pretreatment Requirement N/A Recommendation 2 It is recommended the phosphoric acid cleaner be removed off-site as there is no intent for it to be used in the future, as indicated by Interroll personnel. Page 4 of 9 Finding 3 - Interroll Engineering West is not collecting samples at an appropriate time to ensure results are representative of the wastewater discharge. During the walk through, the facility representative noted that samples are collected at a set time every morning for the designated sample days. Likewise, a review of the 2024 self-monitoring report indicates that the majority of samples were collected at the same time of day for each event, typically in the first hour of operation. Upon being questioned by the inspection team, the facility representative noted that this practice may not always match up with discharge times. Pretreatment Requirement Section E.1 of the discharge permit for Interroll states "Self-Monitoring Requirements: At a minimum, the Permittee is required to perform collection and analyses of wastewater samples with the frequency and type of measurement indicated with the most stringent standards. Samples or measurements must be representative of the discharge during normal operating conditions." Corrective Action 3 Self-monitoring must be performed during discharge events. This will ensure that sample results are representative of the actual discharge to the District. Page 5 of 9 Attachment A Industrial User Site Visit Photograph Log Page 6 of 9 Photograph 1: View of the facility's spray booth. The sump pit (circled) is pumped to the final discharge tank. Photograph 2: View of the parts washer and containment area for cleaners used in the washing stage. The black drum at the rear of photo is the coil cleaner. The white bucket in front of the photo is the new caustic cleaning solution that replaced the phosphoric acid cleaner. Page 7 of 9 Photograph 3: The final discharge tank used for pH neutralization is on the left side of the photo. The drum at the right side of the photo is the sodium hydroxide, the pH adjustment chemical. Photograph 4: Another view of the final discharge tank. Wastewater gravity flows from the tank through the hose identified by the red arrow. Page 8 of 9 Photograph 5: A view of the top of the final discharge tank. The red arrow identifies the pipe used to convey wastewater from the final sump into the drum. The green arrow identifies the sample point. Page 9 of 9 On-site Clean Air Act (CAA) Inspection Inspection Report Date: January 19, 2023 Inspection Dates: December 12, 2023 Site Inspected: Jorgenson Laboratories, Inc. 2211 West 8th Street, Loveland, Co 80513 EPA Representatives: Joseph Wilwerding Colorado State Reps: Dave Huber Inspection Report Prepared By: Joseph Wilwerding Inspection Report Reviewed By: Applicable Rules: Scott Patefield SCOTT PATEFIELD Date: 2024.01.22 08:52:35 -07'00' Digitally signed by SCOTT PATEFIELD 40 CFR Part 63 Subpart O--Ethylene Oxide Emissions Standards for Sterilization Facilities Colorado Air Permit 06LR0197 Background Joint inspection with EPA and Colorado Department of Public Health and Environment (CDPHE), Air Pollution Control Division (APCD), performed as part of collaborative Ethylene Oxide (EtO) sterilization facility oversight inspections in EPA Region 8. Planning Planning calls including Joseph Wilwerding and CDPHE staff to discuss trip logistics. Inspection The inspection of Jorgenson Laboratories, Inc. (Jorgenson) started at 10:20 am. Mr. Huber, inspector for CDPHE APCD, led the inspection. Mark Wilson, Operations Manager, and Tim Michaud, Mechanical Support and Development Director, both new since summer of 2022 at the facility, welcomed us at the door to the warehouse building in which the EtO sterilization process is located. Norm Jorgenson, the company owner, was not onsite for the inspection. After showing our credentials/badges, Mr. Huber began the inspection with a discussion of changes to the facility and the site's permitting status with CDPHE. Mr. Huber expressed concerns that Jorgenson had made a change to the facility in June 2021 to add an additional EtO sterilization unit/cabinet, but had failed to submit appropriate materials and receive a permit prior to the change. As summarized in a 1/2/2024 warning letter sent by CDPHE to Jorgenson after the inspection, 1. Pursuant to Permit Number 06LR0197 Condition 6, Jorgensen Labs is required to submit a revised Air Pollutant Emission Notice (APEN) whenever there is a change in the facility, process, or activity. Jorgensen Labs reported a second unit began operating on 6/8/2021, prior to submitting a revised APEN and receiving a modified permit. A revised APEN requesting the change was received by the Division 1/4/2022 and Permit Application 06LR0197.XP was issued 1/20/2023. The source failed to submit a revised APEN and receive a modified permit before there was a change to the facility violating Permit Number 06LR0197 Condition 6 from 6/8/2021 to 1/20/2023. After discussing the APEN reporting and permitting concerns, we discussed Jorgenson's business lines and customers. Jorgenson supplies individual and commercial facilities nationally and internationally with a variety of veterinarian-related products for both large and small animals. The inspectors were shown a catalog, approximately 1-in thick, of products that Jorgenson supplies. Jorgenson started its supply of EtOsterilized equipment--primarily surgical gowns and tubing--in approximately 2011. Mr. Wilson stated the EtO sterilization portion of the business is a smaller part of the business, but is a part with good profitability. We then discussed possible impacts from the updated 40 CFR Part 63 Subpart O--Ethylene Oxide Emissions Standards for Sterilization Facilities (hereafter MACT Subpart O) regulation, expected to be finalized in March 2024. Mr. Wilson stated the company has been in touch with two consultants to evaluate possible impacts to Jorgenson, based on various changes to the regulation. If the levels at which emissions control are required are lowered to affect Jorgenson, the company may have to install control equipment in multiple buildings, at a cost of $475,000 per building. Additionally, the company's Van Buren storage facility, also in Loveland Colorado, might also require controls. At these costs, Mr. Wilson said the company would likely shut down its EtO sterilization process, or would engage a Denver company to do the sterilization for Jorgenson. Sterilization Process Jorgenson uses a sterilization process provided by Anderson Sterilizers (Anderson). Anderson provides the cabinet with pressure and temperature control processes, along with ampules of EtO for sterilization. In the sterilization process, Jorgenson employees load gowns and other equipment into larger bags, along with an 11 gram ampule of EtO, and then seal the larger bag. The larger bags, up to approximately 10 at a time, are loaded into the sterilization cabinet. From the exterior of the bag, the employees depress a trigger on the ampule, causing it to break and begin to spread throughout the bag. The door to the cabinet is closed and the sterilization cycle is started. The sterilization cycle lasts approximately 16 hours, and is started at roughly 1:30 pm, Monday through Friday. During the cycle, the cabinet temperature is held at an elevated temperature (between 50-100 degrees Celsius) to improve the sterilization, and the pressure in the cabinet is slightly lowered. After 16 hours (i.e., at roughly 5:30 am) the cabinet is opened, and the employees slash each bag with a knife. Note: The Jorgenson employees who perform this work did not describe using air purifying personal protection equipment while opening the EtO-containing bags. While Jorgenson representatives Mr. Wilson and Mr. Michaud indicated past evaluation work at the site found non-detectable results, opportunities may still exist to improve worker safety at the start of the purge step in process. A 2019 inspection report from CDPHE contained the following statement: "...Jorgensen Labs had the CSU OS&H Program evaluate plant wide processes for compliance with OSHA requirements, including the operation of the Andersen sterilizer. Personnel air monitoring samples performed indicated nondetectable EtO vapors to employee(s)." While the evaluation may have indicated non-detectable EtO vapor exposure for employees at that time, site EtO consumption, and therefore, possibly, exposure levels, have more than doubled since 2019. The cabinet door is closed again, and the cabinet is evacuated with a fan that exhausts outside the building, just above the building roof line, and over a parking area for the building. This purge cycle lasts approximately 4 hours, until roughly 9:30 am. After that time, the cabinet is opened again, and the sterilized products are inspected and loaded into cardboard boxes for warehousing and shipping to their final destination. The inspectors were shown gown packages that contain a passive EtO sterilization indicator, which turns color after being exposed to EtO for sufficient time. Because the EtO purge step--when the bulk of the EtO used at Jorgenson is exhausted to the atmosphere-- occurs during the morning commuting hours of 5:30 am to 9:30 am, Monday through Friday, when many people will be on the road going to school and work, and because the EtO is exhausted over a parking lot and building entrance used by Jorgenson staff, exposure to EtO from Jorgenson may be greater than would occur if the purge step were completed at a different time of day. Jorgenson operates two sterilization cabinets, each with the same capacity (about 10 large bags per cabinet), using approximately 100-120 grams of EtO per cycle. Until June of 2021, Jorgenson operated a single cabinet. According to Mr. Huber, Jorgenson failed to permit the second unit appropriately when operation of the second unit began on June 8, 2021. After the inspection, Mr. Wilson provided, via email, the following yearly amounts of EtO used and emitted from the site. Between 2014 and 2019, EtO usage stayed fairly flat, between 40 and 50 pounds per year. Beginning in 2020, usage began to rise, due to increased demand for sterilized goods. A second sterilization cabinet was purchased to support the increased demand in 2021, and as of 12/18/2023, yearly usage has roughly doubled compared to pre-2020 levels. Year 2023 2022 2021 2020 2019 2018 2017 2016 2015 2014 Pounds EtO Used/ Emitted 93.82 70.62 67.98 57.2 43.81 48.06 44.87 44.75 48.92 41.45 Under its current permit with CDPHE APCD, Jorgenson's EtO consumption rate shall not exceed 400 pounds per year. While Jorgenson still appears to be far below its permitted limit, two issues are concerning. First, Jorgenson's EtO limit has remained at 400 pounds of EtO per year since at least 2019, when the company operated only a single sterilization cabinet. Based on statements from Mr. Wilson, the site could consume a maximum of ~100 pounds of EtO per year with a single cabinet, if the cabinet was operated continuously, 7 days per week. Therefore, the 400 pounds/year EtO limit was never representative of maximum possible operating conditions; rather, the limit was an unattainable value the site could never exceed with its permitted equipment. Second, Jorgenson's consumption (and emission) rate of EtO has now more than doubled since EPA performed its recent EtO risk modeling work. Based on information provided by EPA Region 8 Air Resources Division, Jorgenson's Maximum Individual Risk (MIR) was modeled based on an emission rate of 43 pounds of EtO per year. At that rate, the Jorgenson MIR was calculated to be 70 in 1 million. With usage rates now over twice those used in the modeling, Jorgenson's MIR can be expected to increase, possibly crossing the 100 in 1 million threshold (EPA's presumptive upper bound for acceptable health risks. See Proposed Air Toxics Rule for EtO Sterilization Facilities - Federal Register Notice). Related to its MACT Subpart O regulatory development and risk determination work, on September 13, 2021, EPA issued Jorgenson an information collection request (ICR) letter under Section 114 of the Clean Air Act. Notice of the letter was provided both by email and regular mail. EPA explained in its letter that it was issuing letter to EtO commercial sterilization companies that were not covered under previous information gathering efforts. Information on facility operations and EtO emissions from sterilization chamber vents, aeration room vents, chamber exhaust vents, and fugitive emissions was requested, and a response deadline of November 19, 2021 was provided. Beginning January 19, 2022, EPA and its contractors made contact with Jorgenson to inform the company of its obligation to respond to the ICR and to offer assistance. On December 8, 2022, after repeated attempts to collect the requested information, EPA informed Jorgenson that a failure to provide information required by EPA under Section 114 of the Clean Air Act was a violation of the Act and could result in one or more of the following actions: 1) issuance of an administrative penalty order pursuant to section 113(d) of the Act, 42 U.S.C. 7413(d); 2) issuance of an order requiring compliance with the information collection request pursuant to section 113(a) of the Act, 42 U.S.C. 7413(a); 3) initiation of a civil action pursuant to section 113(b) of the Act, 42 U.S.C. 7413(b); and/or 4) initiation of any other action authorized under the Act. As of the date of this inspection report, Jorgenson had failed to reply adequately to the ICR. After seeing the sterilization process, the inspectors were shown the warehouse area, located adjacent to the sterilization area in a colder part of the building. Mr. Wilson stated the products continue to offgas EtO in the warehouse, and that this part of the building might need to have EtO emissions controls under the proposed changes to MACT Subpart O. The inspection ended at 12:25 pm. Mr. Wilson committed to providing monthly rolling average EtO usage quantities to demonstrate the site is below the 1 ton/12-month threshold for required controls in MACT Subpart O, as well as to provide information to CDPHE about the incorrectly (unpermitted?) second cabinet. Mr. Huber took photographs during the inspection, and said he will be assembling an inspection report for CDPHE. Areas of Concern 1. According to Mr. Huber, Jorgenson failed to permit the second unit appropriately when operations began in June 2021. Specifically, the source failed to submit a revised APEN and receive a modified permit before there was a change to the facility, violating Permit Number 06LR0197 Condition 6 from 6/8/2021 to 1/20/2023. 2. Because the EtO purge step--when the bulk of the EtO used at Jorgenson is exhausted to the atmosphere--occurs during the morning commuting hours of 5:30 am to 9:30 am, Monday through Friday, when many people will be on the road going to school and work, and because the EtO is exhausted over a parking lot and building entrance used by Jorgenson staff, community and worker exposure to EtO from Jorgenson may be greater than would occur if the purge step were completed at a different time of day. 3. To commence the EtO purge step, Jorgenson employees slash each EtO-containing bag in the sterilizer cabinet with a knife, and then close the cabinet door so the control system can begin evacuating the EtO gases to the atmosphere. The Jorgenson employees who perform this work did not describe using air purifying personal protection equipment while opening the EtO-containing bags. While Jorgenson representatives Mr. Wilson and Mr. Michaud indicated past evaluation work at the site found nondetectable results, opportunities may still exist to improve worker safety at the start of the purge step in process. Note: A 2019 inspection report from CDPHE contained the following statement: "...Jorgensen Labs had the CSU OS&H Program evaluate plant wide processes for compliance with OSHA requirements, including the operation of the Andersen sterilizer. Personnel air monitoring samples performed indicated non-detectable EtO vapors to employee(s)." 4. Jorgenson's EtO limit in its permit with the APCD has remained at 400 pounds of EtO per year since at least 2019, when the company operated only a single sterilization cabinet. Based on statements from Mr. Wilson, the site can consume a maximum of 100 pounds of EtO per year with a single cabinet, if the cabinet is operated continuously, 7 days per week. Therefore, the 400 pounds/year EtO limit was never representative of maximum operating conditions; rather, the limit was an unattainable value the site could never exceed with its permitted equipment. 5. Jorgenson's consumption (and emission) rate of EtO has now more than doubled since EPA performed its recent EtO risk modeling work. Based on information provided by EPA Region 8 Air Resources Division, Jorgenson's Maximum Individual Risk (MIR) was modeled based on an emission rate of 43 pounds of EtO per year. At that rate, the Jorgenson MIR was calculated to be 70 in a million. With usage rates now over twice those used in the modeling, Jorgenson's MIR can be expected to increase, possibly crossing the 100 in 1 million threshold (EPA's presumptive upper bound for acceptable health risks). 6. Related to its MACT Subpart O regulatory development and risk determination work, on September 13, 2021, EPA issued Jorgenson an information collection request (ICR) letter under Section 114 of the Clean Air Act. Notice of the letter was provided both by email and regular mail. In 2022, EPA and its contractors made repeated contact with Jorgenson to inform the company of its obligation to respond to the ICR and to offer assistance. On December 8, 2022, EPA informed Jorgenson that a failure to provide information required by EPA under Section 114 of the Clean Air Act was a violation of the Act and could result in one or more types of enforcement actions. As of the date of this inspection report, Jorgenson had failed to reply adequately to the ICR. INSPECTION REPORT NESHAP 6C: Gasoline Dispensing Facility Inspection Attached please find the United States Environmental Protection Agency's (EPA's) inspection report of your inspected facility and/or any related fuel delivery inspections identified therein. EPA is providing this report as a matter of agency policy and will contact you again only if needed. Without making a determination that your business or organization is a small business, EPA is also providing you with a link to this Small Business Resources Information Sheet (https://www.epa.gov/compliance/small-business-resources-information-sheet) which provides an array of resources to help small businesses understand and comply with federal and state environmental laws. Inspection Information Inspection Number: R8_CAA_2024_0911_03 Inspection Date(s): Regulatory Program(s): EPA Region/Program Conducting Inspection: Company Name: September 11, 2024 40 C.F.R. Part 63, Subpart CCCCCC - National Emission Standards for Hazardous Air Pollutants for Source Category: Gasoline Dispensing Facilities (NESHAP 6C) EPA Region 8, Enforcement and Compliance Assurance Division, Air and Toxics Enforcement Branch UPOP Holdings LLC. and UPOP 7-2-11 LLC. Facility Name: Facility Physical Location: (street address, building/unit #) (city, state, zip code): JR's Country Store No. 201 3920 Hollybrook Ln Pueblo, CO 81005 Inspector and Approval Katelyn Bergl Field Inspector Name Scott Patefield Name of Approving Official Inspector Title Branch Manager Title KATELYN BERGL Date: 2024.11.19 17:38:30 -07'00' Digitally signed by KATELYN BERGL Signature Digitally signed by SCOTT SCOTT PATEFIELD PATEFIELD Date: 2024.11.19 16:14:20 -07'00' Signature FACILITY INSPECTION DETAILS AND OBSERVATIONS General Facility Information Gasoline Dispensing Facility Facility Name: JR's Country Store No. 201 Parent Company UPOP Holdings LLC. Name: and UPOP 7-2-11 LLC. AIRS-ID: 101-0131-001 CAA Permit (if any): None on file Primary Facility Representative & Title: Trey Seymour President On-site Facility Representative & Title: Mary Eden, Clerk Hope Keck, Manager Phone/Email: Facility Contact troys@upop7211.com On-site Contact N/A Phone/Email: Facility Address: 3920 Hollybrook Ln, Pueblo, CO 81005 Enforcement and Compliance History: None Fuel Delivery Company Company Name: Fuel Supply World Kinect Corporation Truck Identifier: Fuel Supply Company Representative & Title: Fuel Supply Company Contact Phone/Email: 8382 (VIN NJ163023) Ron Browning Operations Manager Ronbrowning@wfscorp.com Name (if different): Trucking Company Same Trailer Identifier: 9005 Driver Name: Don Clementi Company Address: Fuel Supply 1739 E Platteville Blvd, Pueblo West, CO 81007 Enforcement and Compliance History: None Page 2 of 7 Inspection Number/ID: Inspector(s): Time Inspector Presented Credentials: Permission to Enter Facility Granted? If Yes, by whom? If No, explain. Photographer Name: Weather & Other General Site Observations: Inspection Narrative: General Inspection Information R8_CAA_2024_0911_03 Inspection Date Katelyn Bergl (EPA) Arrival/Departure Time 9/11/2024 2:15 PM 4:00 PM 2:19 PM Yes No Mary Eden Katelyn Bergl Announced Unannounced Administrative Inspection Items: Photograph Range: CBI Procedures Discussed SBREFA Form Provided Other materials or compliance assistance provided (describe): MOV_3538 - 3541; IMG_0099 - 0114 Partly cloudy, 90 deg F, winds 9 mph SE The facility was inspected under the Clean Air Act (CAA) for compliance with 40 C.F.R. Part 63, Subpart CCCCCC - National Emission Standards for Hazardous Air Pollutants for Source Category: Gasoline Dispensing Facilities (NESHAP 6C). Inspection activities included observation of a fuel delivery event by the EPA inspector and a request for records required to be maintained under NESHAP 6C. The following are areas of concern identified during the inspection or records review: 1. An Air Pollutant Emissions Notice, or APEN, for this facility appears to have been last submitted to the Colorado Department of Public Health and Environment's (CDPHE) Air Pollution Control Division (APCD) in 2012. Typically, APENs are required to be updated every 5 years for this source category. The APEN for this facility may be past due. Areas of Concern: 2. Due to a recent acquisition of the facility, throughput records were only available beginning in January 2022. Throughput records are required to be kept for five years, as specified in 40 CFR 63.11111(e). 3. Tank and associated vapor system were not vapor tight during the fuel delivery event. The following emissions were observed during the fuel delivery portion of EPA's inspection: a. Vapors from the truck, specifically at the vapor recovery line header, were observed after taking off the outer cam lock, but before removing the inner cap and before connecting the vapor recovery hose. Vapors continued once the inner cap was removed. b. During premium tank filling while the premium fill hose and premium vapor recovery hose were connected, vapors were observed from the premium spill bucket area, from the Page 3 of 7 premium vapor recovery bucket area, and from the regular unleaded (RUL) fueling spill bucket. The RUL fill pipe was uncapped and uncovered while the premium tank was filling. c. During fueling of both fuel types, and while the vapor recovery hoses were connected from the recovery pipes to the truck, vapors were also escaping from the vent stacks. Gasoline Throughput and Testing Records Applicable Throughput Category: Calculated based on volume of gasoline Calculated based on volume of gasoline loaded into all storage tanks dispensed from all storage tanks <10,000 gallons per month 10000 gallons per month and < 100000 gallons per month 100,000 gallons per month Date Applicable Throughput Category Was Exceeded: Based on records provided since January 2022, the facility exceeded the 10,000 gallons per month throughput threshold in January 2022. Records: All Facilities regardless of throughput 5-Year Throughput Records Available (5-year records must be maintained and made available within 24 hours of request) Notes Throughput records for this facility from January 2022 - September 2024 were provided via email by Troy Seymour on September 18, and October 10, 2024. Last 12-month rolling throughput calculation Provided along with 3-year throughput records Fuel Delivery Truck Compliance (Gasoline Cargo Tanks under NESHAP 6C) Fuel Type: 1) Regular Unleaded (RUL) 2) Premium Amount of Fuel Delivered: 1) 2,200 gallons 2) 500 gallons Annual Certification Test - Vapor Tightness Testing - EPA Method 27 of appendix A-8 to part 60 of CAA Available with truck Date of Last 10/18/2023 Test: 5-Year Test Record Availability: Available at office or central loc. Not Available Other: Results of Test: Pass Fuel Delivery Event Observation: A fuel delivery event was observed by the EPA inspector. The inspector used a forward-looking infrared (FLIR) camera to record optical gas imaging (OGI) videos of gasoline vapors. Any auditory visual and olfactory (AVO) observations were also recorded. See Appendix A for a list of photographs and videos recorded during the fuel delivery inspection. Components of the refueling Description/Observations (including any OGI or AVO activity which were observed: observations) Page 4 of 7  Conditions of Equipment prior to refueling event Vapors from the truck, specifically at the vapor recovery line Connection of fuel and header, were observed after taking off the outer cam lock, but vapor lines prior to fuel before removing the inner cap and before connecting the vapor transfer recovery hose. Vapors continued once the inner cap was removed. During premium tank filling while the premium fill hose and premium vapor recovery hose were connected, vapors were observed from the premium spill bucket area, from the Maintenance of fuel and premium vapor recovery bucket area, and from the regular vapor line connections unleaded (RUL) fueling spill bucket. The RUL fill pipe was during fueling event uncapped and uncovered while the premium tank was filling. During fueling of both fuel types, and while the vapor recovery hoses were connected from the recovery pipes to the truck, vapors were also escaping from the vent stacks. Disconnection of fuel and vapor lines after fuel transfer Conditions of Equipment after refueling event Document(s) 3-year fuel throughput records including previous 12-month fuel throughput calculation Fuel throughput records from October 2019 - December 2021 Documents Requested Status Document(s) Document(s) Provided Denied Will Provide Other (see After Inspection notes) Document(s) Document(s) Provided Denied Will Provide Other (see After Inspection notes) EPA Method 27 for the fuel delivery truck Document(s) Provided Will Provide After Inspection Document(s) Denied Other (see notes) Notes/Comments Due to a recent acquisition, the company stated that throughput records prior to January 2022 were not available. APPENDIX A: Photograph and Video Log File Name Description MOV_3538.mp4 Vapors from the truck, specifically at the vapor recovery line header, were observed after taking off the outer cam lock, but before removing the inner cap and before Photographer K. Bergl Page 5 of 7 MOV_3539.mp4 MOV_3540.mp4 MOV_3541.mp4 IMG_0099.JPG IMG_0100.JPG IMG_0101.JPG IMG_0102.JPG IMG_0103.JPG IMG_0104.JPG IMG_0106.JPG IMG_0107.JPG IMG_0108.JPG IMG_0109.JPG IMG_0110.JPG IMG_0111.JPG IMG_0112.JPG connecting the vapor recovery hose. Vapors continued once the inner cap was removed. During premium tank filling while the premium fill hose and premium vapor recovery hose were connected, vapors were observed from the premium spill bucket area, from the premium vapor recovery bucket area, and from the regular unleaded (RUL) fueling spill bucket. The RUL fill pipe was uncapped and uncovered while the premium tank was filling. During fueling of both fuel types, and while the vapor recovery hoses were connected from the recovery pipes to the truck, vapors were also escaping from the vent stacks. The same fuel and vapor recovery hoses were used during RUL fueling, but vapors were not observed from the spill buckets during RUL fueling. Condition of the RUL, premium, and diesel fill and vapor recovery access points prior to fueling. Condition of the diesel fill and vapor recovery access points prior to fueling. Condition of the RUL fill and vapor recovery access points prior to fueling. Condition of the premium fill and vapor recovery access points prior to fueling. Vapor vent stacks for the RUL, premium, and diesel storage tanks located on top of the canopy structure, as well as the general refueling area. Vapor vent stacks for the RUL, premium, and diesel storage tanks located on top of the canopy structure. EPA Method 27 certificate for truck. EPA Method 27 certificate for truck. EPA Method 27 certificate for truck. Fuel truck: Truck identifier Fuel truck: Trailer identifier Condition of the premium vapor recovery spill bucket and recovery pipe. The equipment was covered in rust and sludge, with liquid in the spill bucket. Vapors were observed from the premium vapor recovery equipment throughout the delivery, likely due to the condition of the equipment preventing a vapor tight seal between the equipment and the recovery hose. Condition of the premium fueling spill bucket and pipe. There was visible rust in the spill bucket, and some physical damage visible to the fill pipe gasket. Page 6 of 7 K. Bergl K. Bergl K. Bergl K. Bergl K. Bergl K. Bergl K. Bergl K. Bergl K. Bergl K. Bergl K. Bergl K. Bergl K. Bergl K. Bergl K. Bergl K. Bergl IMG_0113.JPG IMG_0114.JPG Condition of the RUL fueling and vapor recovery spill buckets and pipes. There was visible rust in the spill buckets. Premium fueling and vapor recovery equipment during premium fueling, with the fill hose and vapor recovery hose connected to the equipment. K. Bergl K. Bergl Page 7 of 7 INSPECTION REPORT NESHAP 6C: Gasoline Dispensing Facility Inspection Attached please find the United States Environmental Protection Agency's (EPA's) inspection report of your inspected facility and/or any related fuel delivery inspections identified therein. EPA is providing this report as a matter of agency policy and will contact you again only if needed. Without making a determination that your business or organization is a small business, EPA is also providing you with a link to this Small Business Resources Information Sheet (https://www.epa.gov/compliance/small-business-resources-information-sheet) which provides an array of resources to help small businesses understand and comply with federal and state environmental laws. Inspection Information Inspection Number: R8_CAA_2024_0910_01 Inspection Date(s): Regulatory Program(s): EPA Region/Program Conducting Inspection: Company Name: September 10, 2024 40 C.F.R. Part 63, Subpart CCCCCC - National Emission Standards for Hazardous Air Pollutants for Source Category: Gasoline Dispensing Facilities (NESHAP 6C) EPA Region 8 Enforcement and Compliance Assurance Division Air and Toxics Enforcement Branch UPOP Holdings LLC. and UPOP 7-2-11 LLC. Facility Name: Facility Physical Location: (street address, building/unit #) (city, state, zip code): JR's Country Store No. 205 25100 HWY 50 East Pueblo, CO 81005 Katelyn Bergl Field Inspector Name Scott Patefield Inspector and Approval Inspector Title Branch Manager KATELYN BERGL Date: 2024.11.19 17:28:21 -07'00' Digitally signed by KATELYN BERGL Signature Digitally signed by SCOTT SCOTT PATEFIELD PATEFIELD Date: 2024.11.19 15:33:49 -07'00' FACILITY INSPECTION DETAILS AND OBSERVATIONS General Facility Information Gasoline Dispensing Facility Facility Name: JR's Country Store No. 205 Parent Company UPOP Holdings LLC. Name: and UPOP 7-2-11 LLC. AIRS-ID: 101-1117-001 CAA Permit (if any): None on file Primary Facility Representative & Title: Trey Seymour President On-site Facility Representative & Title: Michelle Alarid, Manager Phone/Email: Facility Contact troys@upop7211.com Phone/Email: On-site Contact N/A Facility Address: 25100 HWY 50 East, Pueblo, CO 81005 Enforcement and Compliance History: None Fuel Delivery Company Company Name: Fuel Supply World Kinect Corporation Truck Identifier: Fuel Supply Company Representative & Title: Fuel Supply Company Contact Phone/Email: Ron Browning Operations Manager Ronbrowning@wfscorp.com Name (if different): Trucking Company Same Trailer Identifier: 0986 Driver Name: Tom Hargis Company Address: Fuel Supply 1739 E Platteville Blvd, Pueblo West, CO 81007 Enforcement and Compliance History: None Page 2 of 7 General Inspection Information Number/ID: Inspection R8_CAA_2024_0910_01 Inspector(s): Katelyn Bergl (EPA) Time Inspector Presented Credentials: Permission to Enter Facility Granted? If Yes, by whom? If No, explain. 7:00 AM Yes No Michelle Alarid Photographer Name: Katelyn Bergl Inspection Date Arrival/Departure Time 9/10/2024 7:00 AM 8:00 AM Announced Unannounced Administrative Inspection Items: Photograph Range: CBI Procedures Discussed SBREFA Form Provided Other materials or compliance assistance provided (describe): MOV_3518 - 3521; IMG_0017 - 0021 Weather & Other General Site Partly cloudy, 65 deg F, winds 7 mph NW Observations: Inspection Narrative: The facility was inspected under the Clean Air Act (CAA) for compliance with 40 C.F.R. Part 63, Subpart CCCCCC - National Emission Standards for Hazardous Air Pollutants for Source Category: Gasoline Dispensing Facilities (NESHAP 6C). Inspection activities included observation of a fuel delivery event by the EPA inspector and a request for records required to be maintained under NESHAP 6C. The following are areas of concern identified during the inspection or records review: 1. An Air Pollutant Emissions Notice, or APEN, for this facility appears to have been last submitted to the Colorado Department of Public Health and Environment's (CDPHE) Air Pollution Control Division (APCD) in 2012. Typically, APENs are required to be updated every 5 years for this source category. The APEN for this facility may be past due. Areas of Concern: 2. Due to a recent acquisition of the facility, throughput records were only available beginning in January 2022. Throughput records are required to be kept for five years, as specified in 40 CFR 63.11111(e). 3. Tank and associated vapor system were not vapor tight during the fuel delivery event. The following emissions were observed during the fuel delivery portion of EPA's inspection: a. Vapors from the truck, specifically at the vapor recovery line header, were observed after taking off the outer cam lock, but before removing the inner cap and before connecting the vapor recovery hose. Vapors continued once the inner cap was removed. b. Vapors from the RUL fuel spill bucket and the vapor Page 3 of 7 pressure/vacuum (P/V) vents were observed during RUL fueling. c. Vapors from the premium vapor recovery equipment were observed during premium fueling. Gasoline Throughput and Testing Records Applicable Throughput Category: Calculated based on volume of gasoline Calculated based on volume of gasoline loaded into all storage tanks dispensed from all storage tanks <10,000 gallons per month 10,000 gallons per month and < 100,000 gallons per month 100,000 gallons per month Date Applicable Throughput Category Was Exceeded: Based on records provided since January 2022, the facility exceeded the 10,000 gallons per month throughput threshold in January 2022. Records: All Facilities regardless of throughput 5-Year Throughput Records Available (5-year records must be maintained and made available within 24 hours of request) Last 12-month rolling throughput calculation Notes Throughput records for this facility from January 2022 - September 2024 were provided via email by Troy Seymour on September 18, and October 10, 2024. Provided along with 3-year throughput records Fuel Delivery Truck Compliance (Gasoline Cargo Tanks under NESHAP 6C) 1) Regular Unleaded (RUL) 1) 4,900 gallons Fuel Type: 2) Premium Amount of Fuel Delivered: 2) 1,100 gallons 3) Diesel 3) 1,900 gallons Annual Certification Test - Vapor Tightness Testing - EPA Method 27 of appendix A-8 to part 60 of CAA Available with truck Date of Last 01/01/2024 Test: 5-Year Test Record Availability: Available at office or central loc. Not Available Other: Results of Test: Pass Fuel Delivery Event Observation: A fuel delivery event was observed by the EPA inspector. The inspector used a forward-looking infrared (FLIR) camera to record optical gas imaging (OGI) videos of gasoline vapors. Any auditory, visual, and olfactory (AVO) observations were also recorded. See Appendix A for a list of photographs and videos recorded during the fuel delivery inspection. Components of the refueling activity Description/Observations (including any OGI or AVO observations) Page 4 of 7 which were observed: Manhole covers were missing for the diesel and premium vapor Conditions of recovery spill buckets. The store manager stated that the covers Equipment prior broke on Friday (4 days prior to the inspection). The store had to refueling event blocked off the area with orange traffic cones prior to EPA's arrival and stated that they had already ordered replacement covers. No vapors were observed prior to fuel delivery. Connection of Vapors from the truck, specifically at the vapor recovery line fuel and vapor header, were observed after taking off the outer cam lock, but before lines prior to fuel removing the inner cap and before connecting the vapor recovery transfer hose. Vapors continued once the inner cap was removed. Maintenance of Vapors from the RUL fuel spill bucket and the vapor fuel and vapor pressure/vacuum (P/V) vents were observed during RUL fueling. line connections during fueling Vapors from the premium vapor recovery equipment were observed event during premium fueling. Disconnection of fuel and vapor lines after fuel transfer Conditions of Equipment after refueling event Documents Requested Document(s) 3-year fuel throughput records including previous 12-month fuel throughput calculation Document(s) Provided Will Provide After Inspection Status Document(s) Denied Other (see notes) Page 5 of 7 Notes/Comments Documents Requested Document(s) Fuel throughput records from October 2019 - December 2021 Document(s) Provided Will Provide After Inspection Status Document(s) Denied Other (see notes) EPA Method 27 for the fuel delivery truck NESHAP 6C Initial Performance Tests Document(s) Provided Will Provide After Inspection Document(s) Provided Will Provide After Inspection Document(s) Denied Other (see notes) Document(s) Denied Other (see notes) Notes/Comments Due to a recent acquisition, the company stated that throughput records prior to January 2022 were not available. Performance tests not conducted; records not available. APPENDIX A: Photograph and Video Log File Name Description MOV_3518.mp4 Vapors from the RUL fuel spill bucket and the vapor P/V vents observed during RUL fueling. Page 6 of 7 Photographer K. Bergl MOV_3519.mp4 MOV_3520.mp4 MOV_3521.mp4 IMG_0017.JPG IMG_0018.JPG IMG_0019.JPG IMG_0020.JPG IMG_0021.JPG A closer view of the vapors from the RUL fuel spill bucket during refueling of the RUL tank. Vapors from the truck on the vapor recovery line header were observed after taking off the outer cam lock, but before removing the inner cap and before connecting the vapor recovery hose. Vapors from the premium vapor recovery equipment were observed during premium fueling. Fuel truck: Trailer identifier Condition of the premium and diesel fill and vapor recovery access points prior to fueling. Manhole covers were missing for the diesel and premium vapor recovery spill buckets and had been covered with orange traffic cones to prevent damage. In this image, the driver had moved the cones to the side to be able to access the vapor recovery pipes. Vapor vent stacks for the RUL, premium, and diesel storage tanks. The RUL and premium vent stacks are P/V-type vents, and the diesel vent is an open vent. The premium fill hose was connected to the tank and pipe prior to the vapor hose connection. The vapor recovery hose elbow was attached to the vapor recovery port on the tank, and then finally the hose was connected to the elbow and then connected to the vapor recovery header on the truck. No vapors were observed on the infrared camera despite the order of the connections. EPA Method 27 certificate for truck. K. Bergl K. Bergl K. Bergl K. Bergl K. Bergl K. Bergl K. Bergl K. Bergl Page 7 of 7 INSPECTION REPORT NESHAP 6C: Gasoline Dispensing Facility Inspection Attached please find the United States Environmental Protection Agency's (EPA's) inspection report of your inspected facility and/or any related fuel delivery inspections identified therein. EPA is providing this report as a matter of agency policy and will contact you again only if needed. Without making a determination that your business or organization is a small business, EPA is also providing you with a link to this Small Business Resources Information Sheet (https://www.epa.gov/compliance/small-business-resources-information-sheet) which provides an array of resources to help small businesses understand and comply with federal and state environmental laws. Inspection Information Inspection Number: R8_CAA_2024_0910_02 Inspection Date(s): Regulatory Program(s): EPA Region/Program Conducting Inspection: Company Name: September 10, 2024 40 C.F.R. Part 63, Subpart CCCCCC - National Emission Standards for Hazardous Air Pollutants for Source Category: Gasoline Dispensing Facilities (NESHAP 6C) EPA Region 8, Enforcement and Compliance Assurance Division, Air and Toxics Enforcement Branch UPOP Holdings LLC. and UPOP 7-2-11 LLC. Facility Name: Facility Physical Location: (street address, building/unit #) (city, state, zip code): JR's Country Store No. 214 615 Eagleridge Blvd # 1 Pueblo, CO 81008 Inspector and Approval Katelyn Bergl Field Inspector Name Scott Patefield Approving Official Inspector Title Branch Manager Title KATELYN BERGL Date: 2024.11.19 17:29:26 -07'00' Digitally signed by KATELYN BERGL Signature Digitally signed by SCOTT SCOTT PATEFIELD PATEFIELD Date: 2024.11.19 15:53:09 -07'00' Signature FACILITY INSPECTION DETAILS AND OBSERVATIONS General Facility Information Gasoline Dispensing Facility Facility Name: JR's Country Store No. 214 Parent Company Name: AIRS-ID: 101-1118-001 Primary Facility Representative & Title: Trey Seymour President CAA Permit (if any): On-site Facility Representative & Title: UPOP Holdings LLC. and UPOP 7-2-11 LLC. Permit Exempt Number 02PB0378S.XP David, Cashier Phone/Email: Facility Contact troys@upop7211.com On-site Contact N/A Phone/Email: Facility Address: 615 Eagleridge Blvd # 1, Pueblo, CO 81008 Enforcement and Compliance History: None Fuel Delivery Company Company Name: Fuel Supply World Kinect Corporation Truck Identifier: Fuel Supply Company Representative & Title: Fuel Supply Company Contact Phone/Email: Ron Browning Operations Manager Ronbrowning@wfscorp.com Name (if different): Trucking Company Same Trailer Identifier: 8625 Driver Name: Randy Roybal Company Address: Fuel Supply 1739 E Platteville Blvd, Pueblo West, CO 81007 Enforcement and Compliance History: None Page 2 of 9 Inspection Number/ID: Inspector(s): Time Inspector Presented Credentials: Permission to Enter Facility Granted? If Yes, by whom? If No, explain. Photographer Name: Weather & Other General Site Observations: Inspection Narrative: General Inspection Information R8_CAA_2024_0910_02 Inspection Date Katelyn Bergl (EPA) Arrival/Departure Time 9/10/2024 8:15 AM 8:57 AM 8:50 AM Yes No David Katelyn Bergl Announced Unannounced Administrative Inspection Items: CBI Procedures Discussed SBREFA Form Provided Photograph Range: Other materials or compliance assistance provided (describe): MOV_3522 -3525; IMG_0023 - 0038 Partly cloudy, 65 deg F, winds 7 mph NW The facility was inspected under the Clean Air Act (CAA) for compliance with 40 C.F.R. Part 63, Subpart CCCCCC - National Emission Standards for Hazardous Air Pollutants for Source Category: Gasoline Dispensing Facilities (NESHAP 6C). Inspection activities included observation of a fuel delivery event by the EPA inspector and a request for records required to be maintained under NESHAP 6C. The following are areas of concern identified during the inspection or records review: 1. Due to a recent acquisition of the facility, throughput records were only available beginning in January 2022. Throughput records are required to be kept for five years, as specified in 40 CFR 63.11111(e). Areas of Concern: 2. According to the throughput records submitted by the company, this facility had a 12-month throughput in excess of 1,200,000 gallons in September 2022 for the 9-month period from January 2022 through September 2022, resulting in a monthly throughput of gasoline greater than 100,000 gallons per month. Therefore, on or before September 2022, the facility was subject to the control requirements of 40 CFR 63.11118 - Requirements for facilities with monthly throughput of 100,000 gallons of gasoline or more. NESHAP 6C at 40 CFR 63.11113(c) clarifies that existing sources which become subject to the control requirements of 40 CFR 63.11118 due to an increase in the monthly throughput must comply with the additional requirements, including installation of a vapor balance system and initial performance testing to demonstrate compliance, no later than three years after the source becomes subject. In this case, the facility appears to have triggered the control Page 3 of 9 requirements on or before September, 2022, and must have complied with 40 CFR 63.11118 no later than September 2025. At the time of the inspection, the facility had not yet complied. Due to incomplete records, the exact compliance date is unknown and could be earlier than September 2025. 3. The facility has not conducted initial performance tests to demonstrate compliance with the leak rate and cracking pressure requirements specified in item 1(g) of Table 1 of NESHAP 6C, and the static pressure performance requirement specified in item 1(h) of Table 1 of NESHAP 6C, as required by 40 CFR 63.11120(a)(1) and (2). Based on the emission observations recorded during the inspection in conjunction with the driver's confirmation that there are no pressure/vacuum (P/V) vents installed on the tanks, the existing system is not compliant with 40 CFR 63.11118. Because records were not available prior to January 2022, the initial compliance deadline is unclear. If the threshold was exceeded prior to September 2021, the facility would have been required to comply by the date of the EPA inspection. 4. Components of the tank and associated vapor equipment were not vapor tight during the fuel delivery event, as required by Item 1(b) of Table 1 of NESHAP 6C. The following emissions were observed during the fuel delivery portion of EPA's inspection: a. During fueling of all fuel types, significant vapors were observed coming from an automatic tank gauging (ATG) system spill bucket parallel to the regular unleaded (RUL) tank spill bucket. The driver stated that he had previously observed vapors from that spill bucket and that he alerted the store nearly 1 year prior (specifically the Wednesday before Thanksgiving, which he remembered due to the holiday). The driver removed the cap for inspection, and it was observed that the cap was in disrepair and would not seal properly. b. During RUL and diesel tank filling, vapors were observed from the tank vent pipes, despite the truck's vapor recovery hose being connected to the RUL vapor recovery pipe. Vapors were also observed from the RUL fuel line near the end of the fueling process, and liquid gasoline dripping from the connection was visible. 5. An Air Pollutant Emissions Notice, or APEN, for this facility appears to have been last submitted to the Colorado Department of Public Health and Environment's (CDPHE) Air Pollution Control Division (APCD) in 2012. Typically, APENs are required to be updated every 5 years for this source category. The APEN for this facility may be past due. Page 4 of 9 Gasoline Throughput and Testing Records Applicable Throughput Category: Calculated based on volume of gasoline Calculated based on volume of gasoline loaded into all storage tanks dispensed from all storage tanks <10,000 gallons per 10,000 gallons per month and < 100,000 gallons month 100,000 gallons per month per month Based on records provided since January 2022, Date Applicable Throughput Category the facility exceeded the 100,000 gallons per Was Exceeded: month throughput threshold in September 2022. Records: All Facilities regardless of throughput Notes 5-Year Throughput Records Available (5-year records must be maintained and made available within 24 hours of request) Throughput records for this facility from January 2022 - September 2024 were provided via email by Troy Seymour on September 18, and October 10, 2024. Last 12-month rolling throughput calculation Records: Facilities 100,000 gallons per month Provided along with 3-year throughput records Notes 3 -year Leak Rate and Cracking Pressure Test (CARB Test Procedure TP-201.1E, - Leak Rate and Cracking Pressure of Pressure/Vacuum Vent Valves, or equivalent) Date of Last Test: Never Results of Last Test: Pass / Fail Report Provided: Yes / No This NESHAP 6C performance test is required no later than September 2025, but has not been completed. Static Pressure Test (CARB Test Procedure TP-201.3, - Determination of 2-Inch WC Static Pressure Performance of Vapor Recovery Systems of Dispensing Facilities, or equivalent) Date of Last Test: Never Results of Last Test: Pass / Fail Report Provided: Yes / No This NESHAP 6C performance test is required no later than September 2025, but has not been completed. Fuel Delivery Truck Compliance (Gasoline Cargo Tanks under NESHAP 6C) 1) Regular Unleaded (RUL) 1) 3,100 gallons Fuel Type: 2) Premium Amount of Fuel Delivered: 2) 2,000 gallons 3) Diesel 3) 1,500 gallons Annual Certification Test - Vapor Tightness Testing - EPA Method 27 of appendix A-8 to part 60 of CAA Available with truck Date of Last 01/10/2024 Test: 5-Year Test Record Availability: Available at office or central location Not Available Other: Results of Test: Pass Page 5 of 9 Fuel Delivery Event Observation: A fuel delivery event was observed by the EPA inspector. The inspector used a forward-looking infrared (FLIR) camera to record optical gas imaging (OGI) videos of gasoline vapors. Any auditory, visual, and olfactory (AVO) observations were also recorded. See Appendix A for a list of photographs and videos recorded during the fuel delivery inspection. Components of the refueling activity Description/Observations (including any OGI or AVO observations) which were observed: Conditions of All manhole covers were present, and no vapors were observed prior Equipment prior to fuel delivery. to refueling event Connection of fuel and vapor lines prior to fuel transfer During fueling of all fuel types, significant vapors were observed coming from an ATG system spill bucket parallel to the RUL tank spill bucket. The driver stated that he had previously observed vapors from that spill bucket and that he alerted the store nearly 1 Maintenance of year prior (specifically the Wednesday before Thanksgiving, which fuel and vapor he remembered due to the holiday). The driver removed the cap for line connections inspection, and it was observed that the cap was in disrepair and during fueling would not seal properly. event During RUL and diesel tank filling, vapors were observed from the tank vent pipes, despite the truck's vapor recovery hose being connected to the RUL vapor recovery pipe. Vapors were also observed from the RUL fuel line near the end of the fueling process, and liquid gasoline dripping from the connection was visible. Disconnection of fuel and vapor lines after fuel transfer Conditions of Equipment after refueling event Component Vapor Recovery system Facility Design Notes Design Dual-point vapor recovery system installed for the RUL and premium tanks only, with one associated vapor recovery pipe for each of the two tank types. The diesel tank did not have a vapor recovery pipe. Page 6 of 9 Quantity/ Capacity 2 dualpoint Observations (disrepair, unsealed connections, signs of spills, etc) Component Vapor Vents Tanks Automatic Tank Gauging (ATG) System Facility Design Notes Design There were 3 tank vents installed at the facility to vent vapors from one vent for each of the RUL, premium, and diesel tanks. The vents do not appear to be pressure/vacuum (P/V)type vents. The driver stated he does not believe they are P/V Vents. 1 RUL tank; 1 premium tank; 1 diesel tank Quantity/ Capacity 3 3 Observations (disrepair, unsealed connections, signs of spills, etc) Due to the absence of a P/V valve, the vents do not prevent vapors from being emitted during refueling events. 1 for each tank type 3 Documents Requested Document(s) 3-year fuel throughput records including previous 12-month fuel throughput calculation Fuel throughput records from October 2019 - December 2021 Document(s) Provided Will Provide After Inspection Document(s) Provided Will Provide After Inspection Status Document(s) Denied Other (see notes) Document(s) Denied Other (see notes) EPA Method 27 for the fuel delivery truck NESHAP 6C Initial Performance Tests Document(s) Provided Will Provide After Inspection Document(s) Provided Will Provide After Inspection Document(s) Denied Other (see notes) Document(s) Denied Other (see notes) APPENDIX A: Photograph and Video Log Page 7 of 9 Notes/Comments Due to a recent acquisition, the company stated that throughput records prior to January 2022 were not available. Performance tests not conducted; records not available. File Name MOV_3522.mp4 MOV_3523.mp4 MOV_3524.mp4 MOV_3525.mp4 IMG_0023.JPG IMG_0024.JPG IMG_0025.JPG IMG_0026.JPG IMG_0027.JPG IMG_0028.JPG IMG_0029.JPG IMG_0030.JPG Description Vapors from far-right vapor vent observed were observed. At this point, only the diesel tank was filling, and no other tanks had been filled. The diesel tank was also on the far right, so the vapors were likely coming from diesel tank, although diesel produces less vapors than other fuel types. No vapor recovery hose was used during diesel filling. Vapors from far-left vapor vent were observed during RUL fueling. The RUL tank was on the far left, so it's likely that this vapor vent is associated with the RUL tank. The RUL vapor recovery line to truck was connected, and RUL and diesel fuel fill hoses were connected to the tank fill pipes during this video. No emissions were observed at ground-level. Vapors observed from the RUL fuel line near the end of the fueling process. Gasoline was also visually observed dripping from the connection. During fueling of all types, significant vapors were observed coming from an ATG spill bucket parallel to the RUL tank spill bucket. Condition of the RUL fill and vapor recovery access points prior to fueling but after the driver had already removed the cap and cover to the vapor recovery pipe. Vapor vent stacks for the RUL, premium, and diesel storage tanks. Condition of the premium fill and vapor recovery access points prior to fueling but after the driver had already removed the cap and cover to the vapor recovery pipe and attached the vapor recovery hose. Fueling area as seen while the driver was attaching the premium fuel hose to the fill pipe. The RUL and diesel tanks had already been filled when this picture was taken. Fuel truck: Trailer identifier Condition of the capped and covered "veeder-root" brand automatic tank gauging (ATG) system prior to inspection or disturbance by EPA or the driver. Emissions were observed coming from this cover during fueling. Condition of the capped and covered "veeder-root" brand ATG system prior to inspection or disturbance by EPA or the driver. Emissions were observed coming from this cover during fueling. Condition of the capped "veeder-root" brand ATG system as the driver is removing the cap for inspection. Page 8 of 9 Photographer K. Bergl K. Bergl K. Bergl K. Bergl K. Bergl K. Bergl K. Bergl K. Bergl K. Bergl K. Bergl K. Bergl K. Bergl IMG_0031.JPG IMG_0032.MOV IMG_0033.JPG IMG_0034.JPG IMG_0035.JPG IMG_0036.JPG IMG_0037.JPG IMG_0038.JPG Emissions were observed coming from this component during fueling. Rust is observed throughout the spill bucket. Condition of the "veeder-root" brand ATG system after the driver has removed the cap for inspection. Emissions were observed coming from this component during fueling. Rust is observed throughout the spill bucket. Condition of the "veeder-root" brand ATG system after the driver has removed the cap for inspection. Emissions were observed coming from this component during fueling. Rust is observed throughout the spill bucket. The cap "o-ring" can be seen disconnected from the cap. Condition of the fueling area after fueling was completed. Condition of the fueling area and tank vapor vents after fueling was completed. Condition of the fueling area and tank vapor vents after fueling was completed. Condition of the fueling area and tank vapor vents after fueling was completed. EPA Method 27 certificate for truck. EPA Method 27 certificate for truck. K. Bergl K. Bergl K. Bergl K. Bergl K. Bergl K. Bergl K. Bergl K. Bergl Page 9 of 9