Document rxGQaZjb6MaKdYjOX7jRLav6e

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION III 1600 John F. Kennedy Blvd. Philadelphia, Pennsylvania 19103-2029 Report Title: Inspection Date(s): Regulatory Program(s): Type of Activity: Site/Facility Name: Permittee(s): Site/Facility Operator: Facility Address: Latitude: County/Parish: Permit Number: NAICS Code: Unique Project #: Clean Water Act Compliance Inspection Report 06/07/2023 National Pollutant Discharge Elimination System (NPDES) Industrial Stormwater Spirit Services Nitro Facility Spirit Services of WV, LLC Spirit Services #4 Plant Road, Nitro, WV 25143 38.42445 Longitude: -81.845131 Kanawha WVG611982 562211 SIC: 4953 3E23WN097A Site/Facility Representative(s): Alec Duncan, Manager Phone: (304) 543-5203 Email: Derek Moore, Facility Manager Phone: (304) 553-5877 Email: EPA Inspectors: Edward Simas Phone: (215) 814-2120 Email: Michael Greenwald Phone: (215) 814-2398 Email: State/Local Inspectors: Sam Blair Phone: (304) 281-6702 Email: Point of Contact aduncan@spiritservices.com dmoore@spiritservices.com Simas.Edward@epa.gov Greenwald.Michael@epa.gov Samantha.n.blair@wv.gov Report Preparer Signature/Date Supervisor Signature/Date EDWARD SIMAS Date: 2023.07.24 14:43:41 -04'00' Digitally signed by EDWARD SIMAS Edward Simas, Inspector NPDES Enforcement Section 7/24/2023 Date MARK ZOLANDZ Date: 2023.07.24 16:22:15 -04'00' Digitally signed by MARK ZOLANDZ Mark Zolandz, Section Chief NPDES Enforcement Section 7/24/2023 Date Unique Project#: 3E23WN097A Spirit Services Nitro Facility Section Table of Contents Page I Introduction............................................................................ 3 A Inspection Opening Conference...................................................................... 3 B Weather and Precipitation Conditions............................................................. 4 C Summary of the Facility.................................................................................. 4 II Site Activity..................................................................................................... 4 III Observations.................................................................................................... 5 IV Records Review............................................................................................... 11 V Closing Conference......................................................................................... 12 List of Attachments Attachment 1: Spirit Services Photo Log Attachment 2: Site Map Attachment 3: WVPDES Permit No. WVG611982 Unique Project #: 3E23WN097A Page 2 of 12 Spirit Services Nitro Facility I. Introduction On June 7, 2023, an inspection team comprised of staff from the U.S. Environmental Protection Agency ("EPA") Region III (hereinafter, "EPA Inspection Team") conducted an Industrial Stormwater Inspection of the Spirit Services, Nitro facility (hereinafter, the "Facility"). The purpose of the inspection was to observe compliance with the Clean Water Act (CWA) and to verify compliance with the West Virginia Pollutant Discharge Elimination System (WVPDES) Multi-Sector General Water Pollution Control Permit No. WVG611982 (hereinafter, the "Permit") and applicable State and Federal regulations. A. Inspection Opening Conference The EPA Inspection Team arrived at the Facility at 9:00 AM for the inspection. Inspectors met with the following facility representatives: Name Edward Simas Michael Greenwald Alec Duncan Derek Moore Joseph D. Taylor Dave Grant Samantha Blair Table 1: Inspection Attendee List Affiliation Telephone Email EPA Region III Inspectors and Contractors EPA (215) 814-2120 Simas.Edward@epa.gov EPA (215) 814-2098 Greenwald.Michael@epa.gov Site/Facility Representatives Manager (304) 543-5203 aduncan@spiritservices.com Facility Manager (304) 553-5877 dmoore@spiritservices.com Branch Manager (304) 989-6016 jtaylor@spiritservices.com Regional Manager (304) 542-6722 dgrant@spiritservices.com State or County Representatives WVDEP (304) 281-6702 Samantha.n.blair@wv.gov Edward Simas and Michael Greenwald displayed their credentials to Facility representatives at the outset of the inspection inside the administrative building ("block building" on site map), and explained the purpose of the inspection was to observe compliance with its Permit. A copy of the Permit is provided in Attachment 3. The EPA Inspection Team informed Facility Representatives that any information that is deemed to be confidential business information ("CBI") should be identified to EPA representatives during the inspection and it would be handled as CBI according to EPA's CBI procedures. Unique Project #: 3E23WN097A Page 3 of 12 Spirit Services Nitro Facility B. Weather and Precipitation Conditions During the inspection, weather was sunny and warm. National Oceanic and Atmospheric Administration (NOAA) National Weather Service precipitation data for the date of the inspection and 5 days prior are provided in Table 2 below: Saint Albans, WV Saint Albans, WV Saint Albans, WV Saint Albans, WV Saint Albans, WV Saint Albans, WV Station Name Table 2. Precipitation Data Date 6/2/23 6/3/23 6/4/23 6/5/23 6/6/23 6/7/23 Precipitation Amount (inches)1 0.0 0.0 0.0 0.0 0.0 0.0 C. Summary of the Facility Spirit Services owns and operates two facilities in West Virginia: a Beach Bottom location and a Nitro location. The focus of this report will be on the Nitro, WV location. Spirit Services is an industrial fluid recycler that collects liquid and solid waste containing compounds such as glycol and oil. Facility representatives stated that the Facility only collects "Exploration and Production" exempt wastes per RCRA Subtitle C. The company specializes in the fossil fuel industry and provides equipment, transportation, and disposal of fluid wastes for its customers. The Facility tests all liquid drums and separates wastes by categorization and then ships them off to be sold or transports the waste to public landfills as necessary. The Facility staffs about 12-13 employees, 7 of them being transportation drivers. II. Facility Activity During the inspection, the EPA Inspection Team observed the following locations: the administrative building ("Block Building" on site map), Truck Offloading Bay ("Concrete Pad" on site map), a tank farm, Frack tank & truck storage area, and surrounding outdoor storage areas. Additionally, the EPA Inspection Team visited the NPDES Outlet 001 sampling area and a metal storage building utilized for chemical inventory. Facility Representatives mentioned that only simple maintenance is performed on site such as general lubrication and greasing. Otherwise, more complex maintenance such as oil changes are outsourced. Observations were made pursuant to the requirements of the Permit for each area. The EPA Inspection Team's focus was to review the areas and operations related to industrial activity and stormwater runoff. The observations from the inspection are described in detail below in the Observations section. 1 Source: NOAA National Climatic Data Center (http://www.ncdc.noaa.gov/). Unique Project #: 3E23WN097A Page 4 of 12 Spirit Services Nitro Facility Photographs were taken during the inspection by Michael Greenwald, and are provided in Attachment 1, Spirit Services Photo Log. III. Observations Truck Offload Bay (Refer to Attachment 1, photos DSCN3650 - DSCN3664) The EPA Inspection Team began the inspection at the Truck Offloading Bay (Hereinafter, "Bay"), where tanker trucks offload incoming fluid waste into a tank farm containing four 20,000 gallon Above Ground Storage Tanks ("AST's") and ten 26,000 - 35,000-gallon tanks. Spirit Services provided a map of the site which labeled the Bay as a "Concrete Pad". The Bay area included vacuum tanks utilized for tank cleaning. It was surrounded by a secondary containment pad in case of hose leaks while loading it (DSCN3650 - DSCN 3651). There are drainage sumps located around the Bay area and inside the tank farm (DSCN3658 - DSCN3659). Additionally, there were spill kits around the east and west ends of the Bay (DSCN3654, DSCN3655, DSCN3658, DSCN3660, DSCN3661). Observation #1: On the south side of the Bay, there appeared to be a used oil drum with cannisters on the top of it open to the air (DSCN3656). Although the oil drum is secondarily contained inside the yellow drum, it appears that the used oil cannisters on top could fall. Additionally, if rain contacts this drum, it is possible that oil residue from the cannisters could spill out. The Facility has a drainage sump nearby this area; therefore, any potential residue spills appeared to be contained (DSCN3658 - DSCN3659). Tanker Truck Parking Area & Outdoor Storage (Refer to Attachment 1, photos DSCN3665 - DSCN 3670, DSCN3673 - DSCN3688) Tanker Trucks are parked behind the Bay. The Facility also stores other items near the trucks including tanks, totes, garbage bins, and scrap metal to be recycled or sold. The Facility also has 16 18,000-gallon Frac tanks utilized for oil separation purposes. The Frac tanks were observed to have a secondary containment pad underneath in case of spills or any leakage (DSCN3667). Observation #2: The EPA Inspection Team noticed staining in a few areas (DSCN3665 DSCN3666, DSCN3678). NPDES Outlet 001 (Refer to Attachment 1, photos DSCN3671 - DSCN3672) Observation #3: The EPA Inspection Team visited the Outlet 001 sampling area for the Facility. It was unclear how samples could be collected from this area. At the opening conference, Facility representatives described the area as a "mud puddle" when a rain event occurred. Facility representatives stated that they would normally sample out of the puddle during a rain event. Otherwise, Facility representatives stated that the Facility has had multiple "no discharge" events. This is documented on EPA's Integrated Compliance Information System ("ICIS") database. the ICIS database documents 22 total no discharge events (see Table 3 below). As referenced from photos DSCN3671 - DSCN3672, the Unique Project #: 3E23WN097A Page 5 of 12 Spirit Services Nitro Facility NPDES permitting marker displayed the incorrect ID as "WVG611524". WVDEP representatives confirmed that the accurate ID is the "WVG611982" ID. Table 3. Zero Discharge Parameters and Dates Outlet 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Parameter BOD, 5-day, 20 deg. C pH pH Solids, total suspended Oil and grease, hexane extr method Nitrogen, ammonia total [as N] Nitrite + Nitrate total [as N] Iron, total recoverable Aluminum, total recoverable Lead, total recoverable Chemical Oxygen Demand [COD] BOD, 5-day, 20 deg. C pH pH Solids, total suspended Oil and grease, hexane extr method Nitrogen, ammonia total [as N] Nitrite + Nitrate total [as N] Iron, total recoverable Aluminum, total recoverable Lead, total recoverable Chemical Oxygen Demand [COD] Monitoring period end date 9/30/2022 9/30/2022 9/30/2022 9/30/2022 9/30/2022 9/30/2022 9/30/2022 9/30/2022 9/30/2022 9/30/2022 9/30/2022 3/31/2022 3/31/2022 3/31/2022 3/31/2022 3/31/2022 3/31/2022 3/31/2022 3/31/2022 3/31/2022 3/31/2022 3/31/2022 nodi_desc (No data indicated description) No Discharge No Discharge No Discharge No Discharge No Discharge No Discharge No Discharge No Discharge No Discharge No Discharge No Discharge No Discharge No Discharge No Discharge No Discharge No Discharge No Discharge No Discharge No Discharge No Discharge No Discharge No Discharge Metal Storage Building (Noted as "Metal Building" on Site Map (Refer to Attachment 1, photos DSCN3689 - DSCN3704) The Facility stores chemicals in the Metal Storage Building. Near the entrance, oily debris was observed on a screen to be captured in a metal box below. The EPA Inspection Team noticed floor drains near the entrance and in the other room of the building (DSCN3889 - DSCN3890, DSCN3700). Facility Representatives confirmed that these floor drains are sealed off and do not discharge out of the building. Furthermore, Facility representatives confirmed that these are drainage sumps similar to the sumps observed in the Bay area and are a protective measure to ensure that any potential spills are captured. Observation #4: The floor drains in the neighboring adjacent room appear in need of a clean out. The drains were filled with an oily liquid at the time of inspection (DSCN3700, DSCN3702). Unique Project #: 3E23WN097A Page 6 of 12 Spirit Services Nitro Facility Most chemicals are stored on pallets, and sulfuric acid was secondarily contained (DSCN3694). Observation #5: There were drums labeled as "Non-Hazardous Waste" that appeared to be dented (DSCN3692). Additionally, staining was observed below some of the drums (DSCN3697). A diesel fuel tank was observed in the building as well. The EPA Inspection Teams exited the building via a doorway near the truck loading area (DSCN3704). SWPPP and GPP (Stormwater Pollution Prevention Plan and Groundwater Protection Plan) Requirements Section B. Other requirements 19. of the Permit requires that "Each facility covered by this permit shall develop and implement a SWPPP and a GPP. Both the SWPPP and GPP must be developed and maintained as separate stand-alone documents. The SWPPP shall be prepared in accordance with good engineering practices. The SWPPP shall identify potential sources of pollution which may reasonably be expected to affect the quality of stormwater discharges associated with industrial activity from the facility. In addition, the SWPPP shall describe the implementation of practices which are to be used to reduce the pollutants in stormwater discharges associated with industrial activity at the facility and to assure compliance with the terms and conditions of this permit." Observation #6: At the time of inspection, Facility representatives provided a SWPPP and GPP. Facility representatives stated that no modifications have been made to the SWPPP since 2019. However, Facility representatives stated that, Verdantas LLC, the Facility's environmental consultant, should be working to modify the SWPPP soon. The Permit states that the SWPPP shall include, "1. A site map indicating, each drainage and discharge structure; an outline of the drainage area of each discharge point, each past or present area used for outdoor storage or disposal of significant materials; each existing structural control measure to reduce pollutants in stormwater runoff; materials loading and access area; each hazardous waste storage or disposal facility (including each area not required to have a Resource Conservation and Recovery Act (RCRA) permit which is used for accumulating hazardous waste under 40 CFR Part 262.34); each well where fluids from the facility are injected underground; sinkholes; springs; and other surface water bodies;" Observation 7: The site map provided by the Facility at the time of the inspection (Attachment 2) indicated drainage structures such as, sumps and roof drains. However, it appeared that not all of them are noted on the map. The EPA Inspection Team observed a sump adjacently north of the tank farm (DSCN3658, DSCN3659). A sump is also marked on the map as being located adjacent to the "Pole Building" on the map, but the EPA Inspection Team did not observe this sump while on site. Additionally, the map should include "existing structural controls to reduce pollutants in stormwater runoff". It was unclear if there was an "erosion channel" on site as noted by the map; the EPA Inspection Team did not observe one Unique Project #: 3E23WN097A Page 7 of 12 Spirit Services Nitro Facility in the Outlet 001 area (DSCN3672). The EPA Inspection Team also observed disposal facilities in use by Spirit Services that were not marked on the map, such as garbage bins to the east and west of the "Metal Building" (DSCN3677, DSCN3704). Another observation in the map was the noted "Area Where Water Ponds" on facility boundaries. The EPA Inspection Team walked to these areas, and it appeared that the easement on the north side of the Facility had a depression that would cause water flow towards the neighboring property. In the way the site is graded, it appeared that the majority of the "Area Where Water Ponds" was located on the neighboring or communal public area (DSCN3704 - DSCN3706). A rain event was not observed at the time of or prior to the inspection to be able to observe this ponding. Benchmark Exceedances & DMR (Discharge Monitoring Report) Non-Reporting Section III. 2. Reporting of the Permit requires that the "Permittee shall submit each reporting period, a Discharge Monitoring Report (DMR) indicating in terms of concentration, the values of the constituents listed in Part A analytically determined to be in the effluent(s). The required DMR should be mailed no later than 25 days following the end of the reporting period." Observation 8: The Facility is currently in "Significant Noncompliance" ("SNC") status for DMR late reporting and DMR non-receipts. A Facility is automatically triggered in SNC when a Permit parameter is in two or more consecutive quarters of noncompliance. Facility representatives stated that a previous environmental consultant was not uploading DMRs; however, the new environmental consultant, Verdantas LLC, will be submitting them moving forward. For example, there are still missing records highlighted below from the monitoring period end date of 12/31/2021. Additionally, the Facility failed to sample for Oil & Grease, hexane extr. method on 6/30/2022 (Table 4). A table of DMR non-receipts is provided below (See Table 4). The Enforcement and Compliance History Online ("ECHO") link was sent to the Facility on 6/12/23. Table 4. Late/Overdue DMR Records Outlet 1 1 1 1 1 1 1 Parameter BOD, 5-day, 20 deg. C pH pH Solids, total suspended Oil and grease, hexane extr method Nitrogen, ammonia total [as N] Nitrite + Nitrate total [as N] Monitoring end date 9/30/2022 9/30/2022 9/30/2022 9/30/2022 9/30/2022 9/30/2022 9/30/2022 ECHO Status Late Late Late Late Late Late Late Date Submitted 3/23/2023 (No Discharge) 3/23/2023 (No Discharge) 3/23/2023 (No Discharge) 3/23/2023 (No Discharge) 3/23/2023 (No Discharge) 3/23/2023 (No Discharge) 3/23/2023 (No Discharge) Unique Project #: 3E23WN097A Page 8 of 12 1 Iron, total recoverable 9/30/2022 Late 1 Aluminum, total 9/30/2022 Late recoverable 1 Lead, total recoverable 9/30/2022 Late 1 Chemical Oxygen 9/30/2022 Late Demand [COD] 1 BOD, 5-day, 20 deg. C 6/30/2022 Late 1 pH 6/30/2022 Late 1 pH 6/30/2022 Late 1 Solids, total suspended 6/30/2022 Late 1 Oil and grease, hexane 6/30/2022 Late extr method 1 Nitrogen, ammonia total 6/30/2022 Missing [as N] 1 Nitrite + Nitrate total 6/30/2022 Late [as N] 1 Iron, total recoverable 6/30/2022 Late 1 Aluminum, total 6/30/2022 Late recoverable 1 Lead, total recoverable 6/30/2022 Late 1 Chemical Oxygen 6/30/2022 Late Demand [COD] 1 BOD, 5-day, 20 deg. C 3/31/2022 Late 1 pH 3/31/2022 Late 1 pH 3/31/2022 Late 1 Solids, total suspended 3/31/2022 Late 1 Oil and grease, hexane 3/31/2022 Late extr method 1 Nitrogen, ammonia total 3/31/2022 Late [as N] 1 Nitrite + Nitrate total 3/31/2022 Late [as N] 1 Iron, total recoverable 3/31/2022 Late 1 Aluminum, total 3/31/2022 Late recoverable 1 Lead, total recoverable 3/31/2022 Late 1 Chemical Oxygen 3/31/2022 Late Demand [COD] 1 BOD, 5-day, 20 deg. C 12/31/2021 Missing Unique Project #: 3E23WN097A Spirit Services Nitro Facility 3/23/2023 (No Discharge) 3/23/2023 (No Discharge) 3/23/2023 (No Discharge) 3/23/2023 (No Discharge) 2/1/2023 2/1/2023 2/1/2023 2/1/2023 2/1/2023 2/1/2023 (Failure to Sample) 2/1/2023 2/1/2023 2/1/2023 2/1/2023 2/1/2023 3/23/2023 (No Discharge) 3/23/2023 (No Discharge) 3/23/2023 (No Discharge) 3/23/2023 (No Discharge) 3/23/2023 (No Discharge) 3/23/2023 (No Discharge) 3/23/2023 (No Discharge) 3/23/2023 (No Discharge) 3/23/2023 (No Discharge) 3/23/2023 (No Discharge) 3/23/2023 (No Discharge) No Record of Submittal Page 9 of 12 Spirit Services Nitro Facility 1 pH 12/31/2021 Missing 1 pH 12/31/2021 Missing 1 Solids, total suspended 12/31/2021 Missing 1 Oil and grease, hexane 12/31/2021 Missing extr method 1 Nitrogen, ammonia total 12/31/2021 Missing [as N] 1 Nitrite + Nitrate total 12/31/2021 Missing [as N] 1 Iron, total recoverable 12/31/2021 Missing 1 Aluminum, total 12/31/2021 Missing recoverable 1 Lead, total recoverable 12/31/2021 Missing 1 Chemical Oxygen 12/31/2021 Missing Demand [COD] No Record of Submittal No Record of Submittal No Record of Submittal No Record of Submittal No Record of Submittal No Record of Submittal No Record of Submittal No Record of Submittal No Record of Submittal No Record of Submittal Section B. Other requirements 6. of the Permit states that, "Most monitoring in this permit is benchmark monitoring. The "benchmarks" are the pollutant concentrations above which The Director determined represents a level of concern. The level of concern is a concentration at which a stormwater discharge could potentially impair or contribute to impairing water quality or affect human health from ingestion of water or fish. The benchmarks are also viewed by the DWWM as a level, that if below, a facility represents little potential for water quality concern. As such, the benchmarks also provide an appropriate level to determine whether a facility's stormwater pollution prevention measures are successfully implemented." "The SWPPP must be modified after the average of two consecutive samples are above the benchmark level for the sampled parameter. Based upon the modification of this plan, the selection, design, installation and implementation of any control measures at the facility may be required to ensure that all sampled parameters meet the required benchmark levels." Observation 9: Discharge Monitoring Report data from EPA's ICIS database for the Facility's Permit is included below in Table 5 for the dates of December 31, 2021 to March 31, 2023. The facility appears to have had two consecutive quarters (ending 12/31/2022 and 3/31/2023) with sampling above the benchmark for Aluminum, and it does not appear that the SWPPP was modified in response to these exceedances as required by the Permit. Unique Project #: 3E23WN097A Page 10 of 12 Spirit Services Nitro Facility Table 5. Permit No. WVG611982 DMR data from December 31, 2021 to March 31, 2023. Outlet Parameter Description 1 Aluminum, total recoverable 1 Aluminum, total recoverable 1 Aluminum, total recoverable 1 Aluminum, total recoverable 1 Aluminum, total recoverable 1 Aluminum, total recoverable 1 Iron, total recoverable 1 Iron, total recoverable 1 Iron, total recoverable 1 Iron, total recoverable 1 Iron, total recoverable 1 Iron, total recoverable 1 Solids, total suspended 1 Solids, total suspended 1 Solids, total suspended 1 Solids, total suspended 1 Solids, total suspended 1 Solids, total suspended Monitoring End Date 3/31/2023 12/31/2022 9/30/2022 6/30/2022 3/31/2022 12/31/2021 3/31/2023 12/31/2022 9/30/2022 6/30/2022 3/31/2022 12/31/2021 3/31/2023 12/31/2022 9/30/2022 6/30/2022 3/31/2022 12/31/2021 Benchmark Limit (mg/L 0.75 0.75 0.75 0.75 0.75 0.75 1.5 1.5 1.5 1.5 1.5 1.5 100 100 100 100 100 100 Facility Reported (mg/L) 0.777 1.14 No Discharge 0.655 No Discharge NO DATA 0.804 1.77 No Discharge 0.877 No Discharge No Data 78 118 No Discharge 65.5 No Discharge No Data IV. Records Review (Refer to Attachment 1, photos DSCN3642 - 3649, DSCN3711 - DSCN3712) During the inspection, the EPA Inspection Team reviewed documentation including: most recently modified Stormwater Prevention, Control, and Countermeasure Plan (SPCC, Groundwater Protection Plan (GPP), 2022 employee stormwater training records, and the Site Map. Additionally, the Facility also provided a Corporate Waste Analysis Plan. The EPA Inspection Team requested the following electronic documentation on 6/12/2023: A digital copy of the most recent SWPPP (Stormwater Pollution Prevention Plan) and GPP (Groundwater Protection Plan), the two most recent corrective action reports for all benchmark exceedances on site along with the corresponding COC's/laboratory analysis for those quarters, the two most Unique Project #: 3E23WN097A Page 11 of 12 Spirit Services Nitro Facility recent quarterly Visual Monitoring, annual, and quarterly reports, Site Map, and Annual Training logs for 2020 - 2022. A request for electronic copies of these records was made by EPA to the Facility on June 12th, 2023, with a reminder request made by EPA on June 28th, 2023. A representative from Verdantas LLC emailed back on June 29th, 2023, and mentioned this request is currently being worked on. As of the writing of this inspection report, the records have not been received by EPA. Due to the digitized records not being available at the time of this report, the EPA Inspection Team can only comment on the Site Map which is a part of the Facility's SWPPP. V. Closing Conference After the Facility walk through, the EPA Inspection Team met with the Facility representatives for a closing conference. The EPA Inspection Team shared preliminary observations with the Facility. The EPA Inspection Team reiterated to the Facility representatives that all preliminary observations discussed were not compliance determinations. Any and all preliminary observations shared were subject to further investigation by EPA upon the additional review of records and documentation. Additional observations may be contained in this inspection report that were not identified at the time of the closing conference after EPA reviewed additional materials following the inspection. The inspection concluded at 11:05 AM. Unique Project #: 3E23WN097A Page 12 of 12