Document vBmM859BNR4E9q0gGOjEzEyz9

Contains Confidential Business Information (CBI) NEICVP1414E01 NEIC CIVIL INVESTIGATION REPORT ATI Wah Chang Albany, Oregon 97321 EPA Region 10 Deemed Releasable Christopher Christopher Bellovary Digitally signed by Bellovary Date: 2026.08.27 09:22:02 -07'00' Investigation Dates: May 24-28, 2021 Digitally signed by LAWRENCE LUTZ Date: 2021.07.26 15:29:06 -06'00' Craig Lutz, Project Manager, NEIC Authorized for Release by: REBECCA CONNELL Digitally signed by REBECCA CONNELL DN: c=US, o=U.S. Government, ou=Environmental Protection Agency, cn=REBECCA CONNELL, 0.9.2342.19200300.100.1.1=680010036 71948 Date: 2021.07.26 16:00:43 -06'00' Rebecca Connell, Field Branch Chief, NEIC Report Prepared for: EPA Region 10/Kevin Schanilec 1200 Sixth Avenue, Suite 155 Seattle, Washington 98101 NATIONAL ENFORCEMENT INVESTIGATIONS CENTER P.O. Box 25227 Building 25, Denver Federal Center Denver, Colorado 80225 Page 1 of 16 CONTENTS INVESTIGATION OVERVIEW ............................................................................................................ 3 PROJECT OBJECTIVE .................................................................................................................... 3 FACILITY CONTACT INFORMATION ............................................................................................. 3 FACILITY OVERVIEW.................................................................................................................... 3 FACILITY OPERATIONS SUMMARY .............................................................................................. 4 INVESTIGATION OBSERVATIONS..................................................................................................... 6 TABLES Table 1. PROJECT TEAM MEMBERS ................................................................................................ 3 Table 2. FACILITY CONTACT INFORMATION ................................................................................... 3 Table 3. APPLICABLE NAICS CODES................................................................................................. 4 APPENDICES (*NEIC-created) A *Facility Operations Summary (Confidential Business Information [CBI]) (21 pages) B *Document Log (2 pages) C Federal Register 51 3-24-1986 (1 page) D Waste Analysis Plan for Skull Pot Deactivation (16 pages) E *Photographs (14 pages) F *CBI Photographs (2 pages) G ATI Response Regarding Treatment of Uncovered Containers (3 pages) H Ohio Generator Treatment Guidance (7 pages) I Indiana Department of Environmental Management Non-rule Policy Document Waste 0022 (4 pages) J ATI Millersburg Follow-up (2 pages) K Oregon Department of Environmental Quality Resource Conservation and Recovery Act Inspection Report 2019 (24 pages) L Waste Analysis Plan for Paddle Mixer (12 pages) M Manifests and Associated Land Disposal Restriction Notifications (33 pages) N Oregon Emergency Response System Spill-Release Report No. 2018-1984 (64 pages) O Waste Analysis Plan for Zirconium Extraction (12 pages) P ATI Millersburg NEIC Inspection Response (2 pages) This Contents page shows all the sections contained in this report and provides a clear indication of the end of this report. NEICVP1414E01 Page 2 of 16 ATI Wah Chang Albany, Oregon INVESTIGATION OVERVIEW PROJECT OBJECTIVE U.S. Environmental Protection Agency (EPA) Region 10 (Region) requested EPA's National Enforcement Investigations Center (NEIC) to conduct a Resource Conservation and Recovery Act (RCRA) compliance investigation of ATI Wah Chang (ATI), located at 1600 Old Salem Road NE, Albany, Oregon. NEIC's investigation included: x Conducting an on-site process-based compliance evaluation inspection with an emphasis on hazardous waste characterization and the management of potentially reactive wastes. x Photographing and/or otherwise documenting site conditions at ATI Wah Chang. x Reviewing documents at ATI Wah Chang, including hazardous waste characterization records, analytical results, and records of byproduct shipments to third parties, where available. Table 1 lists the project team members. Team Member Craig Lutz Linda TeKrony Brian Kennedy Jeremy Deyoe Table 1. PROJECT TEAM MEMBERS Organization NEIC NEIC NEIC NEIC Project Role Project manager Field team member Field team member Field team member FACILITY CONTACT INFORMATION Table 2 lists the primary facility contacts. Name, Title Table 2. FACILITY CONTACT INFORMATION Phone No. Email Address Lisa Metz-Dittmer, Director Environment, Health and Safety Michael Riley, Environmental Manager (541) 905-3678 (541) 990-9776 Lisa.Metz@ATIMetals.com Michael.Riley@ATIMetals.com FACILITY OVERVIEW ATI is a manufacturer of specialty metals for the nuclear and aerospace industry. The primary products are zirconium and hafnium. ATI also makes niobium and titanium products. These metals, when in small particle size, will burn vigorously when ignited. The site is approximately 150 acres with 800 full time employees. NEICVP1414E01 Page 3 of 16 ATI Wah Chang Albany, Oregon ATI (EPA ID No. ORD050955848) is a large quantity generator (LQG) of hazardous waste. The facility reported generating 3,847 tons of hazardous waste in its 2019 biennial report. The facility has a Super Fund site that has ongoing remediation. On December 13, 2013, the facility entered into a consent decree with EPA that addressed the hazardous waste management of magnesium chloride, a reactive byproduct from the zirconium and hafnium production. The consent decree is still in effect. On August 28, 2018, material from the zirconium reduction process that ATI was managing as nonhazardous waste ignited and started a fire. At the time, the material was stored at the Schmidt Lake Excavation Project pad (SLEP pad). After the fire, ATI started to manage the waste material from the reduction process as hazardous waste. In February 2019, ATI finalized a waste analysis plan (WAP) and started treating the waste in containers on-site to deactivate the waste. ATI has two other WAPs (implemented in 2016) that cover the treatment of waste in containers. One WAP covers the treatment of residues from crude chlorinators 17, 19, 21, and 24; carbon filter material associated with these chlorinators; and crude sublimer 23. The other WAP covers the treatment of other hazardous wastes from the chlorination process. These wastes include Thermax insulating material; residues from reactors 18, 20, 22 and 25; and residues from sublimers 1, 2, and 23. According to the EPA Envirofacts database, this facility has the following North American Industry Classification System (NAICS) code (Table 3): NAICS Code 331410 Table 3. APPLICABLE NAICS CODES Description Nonferrous Metal (Except Aluminum) Smelting and Refining (ATI Wah Chang) FACILITY OPERATIONS SUMMARY ATI claimed some processes and operations as confidential business information (CBI). A facility operations summary is found in Appendix A and labeled as CBI. NEIC performed the following activities to accomplish the investigation objectives: x Met with facility personnel to discuss process operations, including waste acceptance/ tracking, screening, and treatment/storage practices. x Conducted walk-through tours of the facility to observe process operations, waste generation areas, and hazardous waste container accumulation areas x The inspection team reviewed the following documents: o Waste profiles and analytical data for waste streams managed on-site NEICVP1414E01 Page 4 of 16 ATI Wah Chang Albany, Oregon o Waste analysis plans for wastes treated in containers on-site o Hazardous waste manifests from 2020 and 2021 o Analytical data for outgoing waste streams shipped off-site for disposal o Contingency plan A list of documents NEIC received while on-site is found in Appendix B. NEICVP1414E01 Page 5 of 16 ATI Wah Chang Albany, Oregon INVESTIGATION OBSERVATIONS NEIC identified the following observations during the RCRA compliance inspection. NEIC field team members discussed all observations with facility representatives during the closeout meeting. According to Oregon Administrative Rules (OAR), Oregon has adopted the RCRA Subtitle C Code of Federal Regulations (CFRs) by reference. OAR 340-100-0002 Adoption of United States Environmental Protection Agency Hazardous Waste and Used Oil Management Regulations (1) Except as otherwise modified or specified by OAR 340, divisions 100 to 106, 109, 111, 113, 120, 124 and 142, the Commission adopts by reference, and requires every person subject to ORS 466.005 to 466.080 and 466.090 to 466.215, to comply with the rules and regulations governing the management of hazardous waste, including its generation, transportation, treatment, storage, recycling and disposal, as the United States Environmental Protection Agency prescribes in 40 C.F.R. Parts 260 to 268, 270, 273 and Subpart A and Subpart B of Part 124, as enacted through June 30, 2015, except as modified below in sections (2), (3) and (4). The federal citations are incorporated into this report. At the time of the inspection, the Oregon Department of Environmental Quality (ODEQ) had not adopted the generator improvement rules updates to 40 CFR 262. The report cites the federal regulations that were in place at the time of ODEQ adoption as approved by EPA. These observations are not final compliance determinations. EPA Region 10 will make the final compliance determinations based on its review of this report and other technical, regulatory, and facility information. Observation: RCRA 1 Observation Summary: ATI treated hazardous waste in skull pots (containers) without a permit. The containers were open during treatment and not meeting the permit exemption requirements for a large quantity generator of hazardous waste. Citation: 40 CFR 270.1 (b) Overview of the RCRA Permit Program. Not later than 90 days after the promulgation or revision of regulations in 40 CFR part 261 identifying and listing hazardous wastes) generators and transporters of hazardous waste, and owners or operators of hazardous waste treatment, storage, or disposal facilities may be required to file a notification of that activity under section 3010. Six months after the initial promulgation of the part 261 regulations, treatment, storage, or disposal of hazardous waste by any person who has not applied for or received a RCRA permit is prohibited. 40 CFR 262.34 [40 CFR 262.17] Accumulation time. NEICVP1414E01 Page 6 of 16 ATI Wah Chang Albany, Oregon Observation: RCRA 1 (a) Except as provided in paragraphs (d), (e), and (f) of this section, a generator may accumulate hazardous waste on-site for 90 days or less without a permit or without having interim status, provided that: (1) The waste is placed: (i) In containers and the generator complies with the applicable requirements of subparts I, AA, BB, and CC of 40 CFR part 265; 40 CFR Part 265, Subpart I, 265.173 [40 CFR 262.17(1)(iv)] Management of containers. (a) A container holding hazardous waste must always be closed during storage, except when it is necessary to add or remove waste. Evidence: Appendix C - Federal Register 51 3-24-1986 Appendix D - Waste Analysis Plan for Skull Pot Deactivation Appendix E -Photographs Appendix F -CBI Photographs Description of Observation: Generators of hazardous waste may treat hazardous waste in containers without a permit if the containers follow 40 CFR 262.34, which references the container requirements in 40 CFR 265, Subpart I. This is not specifically addressed in the regulations, but EPA published that this was allowed in the Federal Register (FR) notice promulgating the small quantity generator regulations in 1986 (Appendix C). According to 40 CFR 265.173 of Subpart I, containers must be closed at all times except to add or remove waste. To treat hazardous waste without a permit, containers are required to comply with this regulation. After the 2018 fire on the SLEP pad, ATI developed a WAP, dated February 20, 2019, to start treating the D001 ignitable and D003 reactive waste on-site (Appendix D) to deactivate it. As documented in Section 2.2 of the WAP, deactivation treatment is conducted in two steps. Step 1 - Water leaching. ATI adds water to the wastes contained in the skull pots to react a with the magnesium metal to form magnesium hydroxide. Heat and hydrogen gas are generated. Step 2 - Acid leaching. Hydrochloric acid is added to convert remaining magnesium metal to magnesium chloride. This step also generates heat and hydrogen gas. During treatment, ATI mixes the material in the skull pots by air sparging. After the first two steps, ATI considers the waste deactivated. The waste is dewatered to the wastewater treatment system, and samples of the solids are collected from every batch. The samples are to an off-site laboratory to confirm that the waste is not reactive. The nonhazardous solids are sent to the SLEP pad, where the waste is mixed with concrete and disposed of as nonhazardous waste. For safety reasons, both steps are conducted with the skull pots open to the atmosphere because of the generation of heat and flammable hydrogen gas. NEIC inspectors observed treatment taking place with the skull pots open to the atmosphere (Appendix E, photo 11, and Appendix F, photo 31 [CBI]). The skull pot with the yellow label shown in the rear of Appendix E, photo 11, is air-sparged so hard that the liquid is overflowing the container. NEICVP1414E01 Page 7 of 16 ATI Wah Chang Albany, Oregon Observation: RCRA 1 During treatment, these containers are not meeting the closed container permit exemptions of 40 CFR 265.173. Following the inspection, ATI submitted a response dated June 11, 2021, regarding the uncovered containers during treatment (Appendix G). ATI does not believe that 40 CFR 265, Subpart I, prohibits the treatment of waste in open containers because representatives stated that they believe that storage and treatment are two distinct activities. Their first argument references 40 CFR 265, Subpart CC, where containers undergoing stabilization can comply with level 3 controls. Level 3 controls require venting to a control device, which ATI is not doing. ATI also references guidances from the Ohio Environmental Protection Agency (Ohio EPA) (Appendix H) and the Indiana Department of Environmental Management (IDEM) (Appendix I) that allow, in those states, treatment in open containers without a permit. ATI believes that because these states allow it, EPA and ODEQ also allow treatment in open containers without a permit. An ATI email with the response and all attachments is included as Appendix J. Treating waste in open skull pots was noted as a potential violation in the last ODEQ inspection conducted on March 6-8, 2019 (Appendix K, page 8). Observation: RCRA 2 Observation Summary: ATI treated hazardous waste in a paddle mixer (container) without a permit. The container is open during treatment and not meeting the permit exemption requirements for an LQG. Citation: 40 CFR 270.1 (b) Overview of the RCRA Permit Program. Not later than 90 days after the promulgation or revision of regulations in 40 CFR part 261 identifying and listing hazardous wastes) generators and transporters of hazardous waste, and owners or operators of hazardous waste treatment, storage, or disposal facilities may be required to file a notification of that activity under section 3010. Six months after the initial promulgation of the part 261 regulations, treatment, storage, or disposal of hazardous waste by any person who has not applied for or received a RCRA permit is prohibited. 40 CFR 262.34 [40 CFR 262.17] Accumulation time. (a) Except as provided in paragraphs (d), (e), and (f) of this section, a generator may accumulate hazardous waste on-site for 90 days or less without a permit or without having interim status, provided that: (1) The waste is placed: (i) In containers and the generator complies with the applicable requirements of subparts I, AA, BB, and CC of 40 CFR part 265; 40 CFR Part 265, Subpart I, 265.173 [40 CFR 262.17(1)(iv)] Management of containers. (a) A container holding hazardous waste must always be closed during storage, except when it is necessary to add or remove waste. Evidence: Appendix C - Federal Register 51 3-24-1986 NEICVP1414E01 Page 8 of 16 ATI Wah Chang Albany, Oregon Appendix E - Photographs Appendix L - Waste Analysis Plan for Paddle Mixer Description of Observation: Generators of hazardous waste can treat hazardous waste in containers without a permit if the containers follow 40 CFR 262.34, which references the container requirements in 40 CFR 265, Subpart I. This is not specifically addressed in the regulations, but EPA published that this was allowed in the Federal Register notice promulgating the small quantity generator regulations in 1986 (Appendix C). According to 40 CFR 265.173 of Subpart I, containers must be closed at all times except to add or remove waste. To treat hazardous waste without a permit, containers are required to comply with this regulation. ATI developed a WAP, dated June 22, 2016, to treat hazardous waste streams generated by the facility using solidification (Appendix L). The wastes covered by the WAP are found in Section 1(b) but include the following. Waste Thermax Reactor/sublimer residues in pure chlorination Pickle slab sump solids Deactivated solids from wet room treatment Description Contaminated insulating material from chlorination vessels. Material is replaced when the reactors are rebuilt. From reactors 18, 20, 22, and 24 and sublimers 1, 2, and 23. EPA Hazardous Waste Code(s) D003, D007, and D008 D007 and D008 Solids collected in the trenches and sumps of the pickle slab area from cleaning crucibles Wastes generated during the decommissioning of the tetrachloride process. D001 and D003 D003 The goals of the treatment in the paddle mixer are to: (1) React the waste with water to remove potential reactivity (D003) characteristic, (2) Solidify the waste to remove the ignitable (D001) and toxic (D007, D008) characteristics, and (3) Through treatment, meet the Land Disposal Restriction (LDR) treatment standards so that the waste can be disposed of in a RCRA Subtitle D (nonhazardous) landfill. During treatment, these containers are not meeting the closed container permit exemptions of 40 CFR 265.173. The paddle mixer is an open-top container (Appendix E, photo 36). ATI considers the paddle mixer to be a container because the feet are not attached to the floor (Appendix E, photo 37), and ATI can move it with a forklift. The treatment steps in the WAP starts with dumping a container of waste into the top of the tub of the paddle mixer. Soda and magnesium oxide are added in quantities based on the weight of the waste. At least one Super Sack (1,129 pounds) of cement is added. The dry contents are mixed. Water is added in an amount that is determined by the operator to achieve the desired consistency. The paddle mixer remains on until the operator visually confirms that the reaction to deactivate the waste has stopped (i.e., no vapors, fumes, or bubbles are visible. The contents of the paddle mixer are transferred to flexible intermediate bulk containers to continue to solidify. The top of the paddle mixer is open to the NEICVP1414E01 Page 9 of 16 ATI Wah Chang Albany, Oregon atmosphere during treatment and does not meet the closed container requirements of 40 CFR 265.173, so it does not meet all the permit exemption requirements. Following the inspection, ATI submitted a response, dated June 11, 2021, regarding the uncovered containers during treatment (Appendix G). ATI does not believe that 40 CFR 265, Subpart I, prohibits the treatment of waste in open containers because representatives stated that they believe that storage and treatment are two distinct activities. Their first argument references 40 CFR 265, Subpart CC, where containers undergoing stabilization can comply with level 3 controls. Level 3 controls require venting to a control device, which ATI is not doing. ATI also references guidances from Ohio EPA (Appendix H) and (IDEM (Appendix I) that allow, in those states, treatment in open containers without a permit. ATI believes that because these states allow it, EPA and ODEQ also allow treatment in open containers without a permit. An ATI email with the response and all attachments is included as Appendix J. Observation: RCRA 3 Observation Summary: Five land disposal restriction notifications did not include all of the EPA hazardous waste codes listed on the manifest. Citation: 40 CFR 268.7(a)(2) If the waste or contaminated soil does not meet the treatment standards, or if the generator chooses not to make the determination of whether his waste must be treated, with the initial shipment of waste to each treatment or storage facility, the generator must send a one-time written notice to each treatment or storage facility receiving the waste, and place a copy in the file. The notice must include the information in column ``268.7(a)(2)'' of the Generator Paperwork Requirements Table in paragraph (a)(4) of this section. (Alternatively, if the generator chooses not to make the determination of whether the waste must be treated, the notification must include the EPA Hazardous Waste Numbers and Manifest Number of the first shipment and must state ``This hazardous waste may or may not be subject to the LDR treatment standards. The treatment facility must make the determination.'') No further notification is necessary until such time that the waste or facility change, in which case a new notification must be sent, and a copy placed in the generator's file. Evidence: Appendix M - Manifests and Associated Land Disposal Restriction Notifications Description of Observation: The LDR notification for manifest 014447541FLE (Appendix M, page 1) did not contain the waste codes that were listed on the manifest. The waste codes listed on the manifest are D002, D004, D006, D007, D008, and D010. Four land disposal restriction notifications did not include all of the EPA hazardous waste codes listed on the manifest. The manifest numbers are: 014487819FLE (Appendix M, page 7), 015502311FLE (Appendix M, page 13), 015501930FLE (Appendix M, page 20), and 014447601FLE (Appendix M, page 28). The waste codes listed on the manifest for the methyl isobutyl ketone (MIBK) still bottoms are: D001, D007, D033, and D034. The LDR notifications associated with these manifests list only waste codes D001 and D007. Observation: RCRA 4 Observation Summary: One manifest did not have an associated LDR notification. NEICVP1414E01 Page 10 of 16 ATI Wah Chang Albany, Oregon Observation: RCRA 4 Citation: 40 CFR 268.7(a)(2) If the waste or contaminated soil does not meet the treatment standards, or if the generator chooses not to make the determination of whether his waste must be treated, with the initial shipment of waste to each treatment or storage facility, the generator must send a one-time written notice to each treatment or storage facility receiving the waste, and place a copy in the file. The notice must include the information in column ``268.7(a)(2)'' of the Generator Paperwork Requirements Table in paragraph (a)(4) of this section. (Alternatively, if the generator chooses not to make the determination of whether the waste must be treated, the notification must include the EPA Hazardous Waste Numbers and Manifest Number of the first shipment and must state ``This hazardous waste may or may not be subject to the LDR treatment standards. The treatment facility must make the determination.'') No further notification is necessary until such time that the waste or facility change, in which case a new notification must be sent and a copy placed in the generator's file. Evidence: Appendix M - Manifests and Associated Land Disposal Restriction Notifications Description of Observation: One manifest (014447439FLE) (Appendix M, page 5) did not have an associated LDR notification. On May 28, 2021, Kali Dresser, ATI environmental health and safety senior leader, stated that the facility includes an LDR notification with every manifest used to shipped hazardous waste off-site. Observation: RCRA 5 Observation Summary: Bottoms from the MIBK solvent still were not assigned the F003 hazardous waste code. Citation: 40 CFR 262.11 A person who generates a solid waste, as defined in 40 CFR 261.2, must determine if that waste is a hazardous waste using the following method: (a) He should first determine if the waste is excluded from regulation under 40 CFR 261.4. (b) He must then determine if the waste is listed as a hazardous waste in subpart D of 40 CFR part 261. 40 CFR 261.31(a) The following solid wastes are listed hazardous wastes from non-specific sources unless they are excluded under 260.20 and 260.22 and listed in appendix IX. NEICVP1414E01 Page 11 of 16 ATI Wah Chang Albany, Oregon Observation: RCRA 5 Industry and EPA Hazardous Waste No. Hazardous Waste Hazard Code F003 The following spent non-halogenated solvents: (I)* Xylene, acetone, ethyl acetate, ethyl benzene, ethyl ether, methyl isobutyl ketone, n-butyl alcohol, cyclohexanone, and methanol; all spent solvent mixtures/blends containing, before use, only the above spent non-halogenated solvents; and all spent solvent mixtures/blends containing, before use, one or more of the above non- halogenated solvents, and, a total of ten percent or more (by volume) of one or more of those solvents listed in F001, F002, F004, and F005; and still bottoms from the recovery of these spent solvents and spent solvent mixtures. Evidence: Appendix E - Photographs Appendix F - CBI Photographs Appendix J - ATI Millersburg Follow-up Description of Observation: The separations process uses liquid-liquid extraction with MIBK solvent to separate zirconium tetrachloride from hafnium tetrachloride. Spent MIBK is removed from the process by steam stripping. The MIBK-water mixture from steam stripping is sent to a solvent pot, where water and solvent phases separate. Free MIBK is sent to a solvent still and recycled back into the separations process, while still bottoms are managed as hazardous waste. ATI's 2017 and 2019 biennial waste reports list the generation of "methyl isobutyl ketone still bottoms" as D001, D007, D033, and D034 hazardous waste. During the inspection on May 24, 2021, ATI personnel indicated MIBK still bottoms were characterized as D001, D007, D033, and D034 hazardous waste. During the inspection on May 25, 2021, two 55-gallon drums of hazardous waste MIBK still bottoms were observed near the MIBK solvent still. The drums were labeled as hazardous waste and "flammable liquid" (Appendix E, photograph 10, and Appendix F, photograph 8). On June 7, 2021, ATI personnel collected a sample of MIBK still bottoms and submitted it for analysis at Specialty Analytical laboratories. The results, dated June 11, 2021, did not exhibit the D001, D007, D033, or D034 hazardous waste characteristics (Appendix J). In a June 11, 2021, email, ATI personnel indicated that because the still bottoms no longer exhibited the D001 characteristic, the F003 listing no longer applied to the MIBK still bottoms per 40 CFR 261.3(g). ATI did not specify how the MIBK still bottom sample was collected or handled prior to analysis or if it was representative of the waste as a whole. Observation: RCRA 6 Observation Summary: Failure to make an accurate hazardous waste determination for one or more waste streams from the zirconium reduction process may have directly led to a fire that spread inside and outside the facility. Citation: NEICVP1414E01 Page 12 of 16 ATI Wah Chang Albany, Oregon Observation: RCRA 6 40 CFR 262.11 A person who generates a solid waste, as defined in 40 CFR 261.2, must determine if that waste is a hazardous waste using the following method: (a) He should first determine if the waste is excluded from regulation under 40 CFR 261.4. (b) He must then determine if the waste is listed as a hazardous waste in subpart D of 40 CFR part 261. (c) For the purposes of compliance with 40 CFR part 268, or if the waste is not listed in subpart D of 40 CFR part 261, the generator must then determine whether the waste is identified in subpart C of 40 CFR part 261 by either: (1) Testing the waste according to the methods set forth in subpart C of 40 CFR part 261, or according to an equivalent method approved by the Administrator under 40 CFR 260.21; or (2) Applying knowledge of the hazard characteristic of the waste in light of the materials or the processes used. 40 CFR 261.23(a)(3)-(4) A solid waste exhibits the characteristic of reactivity if a representative sample of the waste has any of the following properties: (3) It forms potentially explosive mixtures with water. (4) When mixed with water, it generates toxic gases, vapors or fumes in a quantity sufficient to present a danger to human health or the environment. Evidence: Appendix N - OERS Spill-Release Report No. 2018-1984 Appendix D - Waste Analysis Plan for Skull Pot Deactivation Description of Observation: Before it instituted the skull pot hazardous waste treatment process, ATI would accumulate waste "zirconium stills burnt floor sweeps," "assembly crucible scale/floor sweeps (iron scale)," and "burnt oxide" from the zirconium reduction process areas and send them to the outdoor SLEP pad. ATI managed these materials as nonhazardous waste and co-mingled them in waste piles on the pad. A nearby cement mixer was then used to encapsulate the waste before disposal off-site. ATI does not have a permit to manage hazardous waste in waste piles. On August 28, 2018, a pile of waste ignited on the SLEP pad while the pile was being moved with an excavator. The pile fire emitted sparks and embers onto a nearby debris pile of wooden material, fiberglass, and rubber tires and an adjacent vacant vegetated area beyond the pad. The initial fire within the waste pile dissipated without fire suppression, but the sparks/embers that were emitted created two separate fires at the debris pile on the pad and the adjacent vegetated area. In a supplemental response to the Oregon Emergency Response System (OERS) spill/release report (OERS No. 2018-1984), ATI stated the cause of the fire was likely due to the presence of unpassivated zirconium or magnesium materials that had inadvertently been mixed with routine waste prior to placement on the SLEP pad (Appendix N). The response further states, "antecedent precipitation may have resulted in hydrogen gas being produced by the unpassivated material as it became damp or wet, that when disturbed NEICVP1414E01 Page 13 of 16 ATI Wah Chang Albany, Oregon Observation: RCRA 6 by the excavator bucket created sparks that ignited the gas, leading to the fire, and subsequent response." After the fire, ATI collected samples of the two waste piles that were present on the SLEP pad the day of the fire. Pile #1, which is believed to have initiated the fire, was spread into a thin layer on the pad to examine its contents and to minimize the potential for additional unpassivated metals to create a fire hazard. Five grab samples were collected from the spread contents of Pile #1 and analyzed at ATI's on-site laboratory following modified EPA Method 1030 (Ignitability of Solids) and International Air Transport Association (IATA) 3.4.3/United Nations (U.N.) Test N.5 (Water Reactive Substances - Flammable Gas Evolution). The results, enclosed with the OERS report, do not indicate the waste exhibited D001 or D003 hazardous waste characteristics. These test results, however, represent properties of the waste after the fire and not necessarily at the point of waste generation, and they do not represent an accurate waste determination. It is possible the fire itself inactivated the D001 or D003 characteristics that may have been properties of the waste at the point of generation. In response to the fire, ATI began managing certain zirconium reduction waste streams as D001 and D003 hazardous wastes and instituted the skull pot process to treat these wastes prior to placement on the SLEP pad. In the skull pot WAP, dated February 20, 2019, the waste streams are described as "dry magnesium, magnesium chloride, zirconium metal, wet sump cleanout, and other floor sweeps" (Appendix D). The skull pot process is intended to deactivate the potential D001 and D003 characteristics of the zirconium reduction wastes by submitting them to a series of water and acid-leaching steps followed by ignitability testing. After the wastes have gone through the skull pot process, they are moved to the SLEP pad and encapsulated in cement before off-site disposal. Observation: RCRA 7 Observation Summary: A hazardous waste container for slag generated in the thermite manufacturing area was not completely covered. Citation: 40 CFR 270.1 (b) Overview of the RCRA Permit Program. Not later than 90 days after the promulgation or revision of regulations in 40 CFR part 261 identifying and listing hazardous wastes) generators and transporters of hazardous waste, and owners or operators of hazardous waste treatment, storage, or disposal facilities may be required to file a notification of that activity under section 3010. Six months after the initial promulgation of the part 261 regulations, treatment, storage, or disposal of hazardous waste by any person who has not applied for or received a RCRA permit is prohibited. 40 CFR 262.34 [40 CFR 262.17] Accumulation time. (a) Except as provided in paragraphs (d), (e), and (f) of this section, a generator may accumulate hazardous waste on-site for 90 days or less without a permit or without having interim status, provided that: (1) The waste is placed: NEICVP1414E01 Page 14 of 16 ATI Wah Chang Albany, Oregon Observation: RCRA 7 (i) In containers and the generator complies with the applicable requirements of subparts I, AA, BB, and CC of 40 CFR part 265; 40 CFR Part 265, Subpart I, 265.173 [40 CFR 262.17(1)(iv)] Management of containers. (a) A container holding hazardous waste must always be closed during storage, except when it is necessary to add or remove waste. Evidence: Appendix E - Photographs Description of Observation: In the thermite manufacturing area, there is a container of hazardous waste containing hazardous waste slag (Appendix E, photos 15 and 17). At the time of the inspection, the container was covered by plastic with an elastic edge. A spout located on one end was used to empty the container. The plastic covering did not completely cover the spout (Appendix E, photo 17) According to 40 CFR 265.173 of Subpart I, containers must be closed at all times except to add or remove waste. ATI has stated that this was discussed in a past ODEQ hazardous waste inspection in 2019 (Appendix K). The report only states, on page 4, that hazardous waste containers with the covers were observed, and a photograph (page 14, photo 26) of one of the slag containers was taken. Nothing in the report indicates that the current cover is sufficient. Observation: RCRA 8 Observation Summary: ATI was unable to provide waste analysis data to document that treated residues from the following on-site treatment in container processes met LDR treatment standards before disposal. x Waste analysis plan for skull pot deactivation x Waste analysis plan for paddle mixer x Waste analysis plan for zirconium extraction residue Citation: 40 CFR 268.7 - Testing, tracking, and recordkeeping requirements for generators, treaters, and disposal facilities. (a) Requirements for generators: (8)Generators must retain on-site a copy of all notices, certifications, waste analysis data, and other documentation produced pursuant to this section for at least three years from the date that the waste that is the subject of such documentation was last sent to on-site or off-site treatment, storage, or disposal. The three-year record retention period is automatically extended during any unresolved enforcement action regarding the regulated activity or as requested by the Administrator. The requirements of this paragraph apply to solid wastes even when the hazardous characteristic is removed prior to disposal, or when the waste is excluded from the definition of hazardous or solid waste under 40 CFR 261.2 through 261.6, or exempted from Subtitle C regulation, subsequent to the point of generation. Evidence: Appendix D - Waste Analysis Plan for Skull Pot Deactivation Appendix L - Waste Analysis Plan for Paddle Mixer NEICVP1414E01 Page 15 of 16 ATI Wah Chang Albany, Oregon Observation: RCRA 8 Appendix O - Waste Analysis Plan for Zirconium Extraction Appendix P - ATI Millersburg NEIC Inspection Response Description of Observation: ATI developed WAPs for treating wastes on-site to meet the LDR standards of 40 CFR 268.40. The WAPs that contain sample and analysis requirements to document the treated waste meet the LDR treatment standards. During the inspection, NEIC requested records containing the waste analysis data for the last 3 years that demonstrated ATI's compliance with the LDR treatment standards. At the time of the inspection, ATI could not locate the waste analysis data for the following WAPs: x Skull pot deactivation (Appendix D) x Paddle mixer (Appendix L) x Zirconium extraction residue (Appendix O) On June 11, 2021, ATI submitted a response (Appendix P, paragraph 5) stating that "ATI has been unsuccessful in retrieving analytical result for the confirmation sampling for the last 3 years." Observation: RCRA 9 Observation Summary: The WAP that ATI developed for treating waste skull pot waste onsite does not specify a testing frequency after 2019 to determine if the treated waste is meeting the LDR treatment standards. Citation: 40 CFR 268.7(a)(5) If a generator is managing and treating prohibited waste or contaminated soil in tanks, containers, or containment buildings regulated under 40 CFR 262.34 to meet applicable LDR treatment standards found at 268.40, the generator must develop and follow a written waste analysis plan which describes the procedures they will carry out to comply with the treatment standards. (Generators treating hazardous debris under the alternative treatment standards of Table 1, 268.45, however, are not subject to these waste analysis requirements.) The plan must be kept on site in the generator's records, and the following requirements must be met (i) The waste analysis plan must be based on a detailed chemical and physical analysis of a representative sample of the prohibited waste(s) being treated, and contain all information necessary to treat the waste(s) in accordance with the requirements of this part, including the selected testing frequency. Evidence: Appendix D - Waste Analysis Plan for Skull Pot Deactivation Description of Observation: Generators that treat waste in containers to comply with the LDR requirements must have a test frequency in the WAP to demonstrate compliance with treatment standards. The WAP for the deactivation of the skull pot materials states that a sample from the treated skull pot waste will be collected once a quarter during calendar year 2019. The WAP does not specify a sampling frequency after 2019 (Appendix D, Section 4.3). NEICVP1414E01 Page 16 of 16 ATI Wah Chang Albany, Oregon