Document yrRKxxbJmLOGEGxagq8K2rvpr

Inspection Entry Date/Time Inspection Exit Date/Time Regulatory Program Type of Inspection EPA REGION 6 Enforcement Division INSPECTION REPORT 04/11/2024 12:30 (CT) Virtual Opening Conference 04/15/2024 08:30 (CT) 04/17/2024 1:54 (CT) 04/23/2024 01:00 (CT) Virtual Closing Conference RCRA Focused Compliance Inspection (FCI) Announced: No (tenants and related facilities) Access: Granted Company Name Facility or Site Name Facility/Site Identifier Facility/Site Physical Address City, State, Zip Code County/Borough Generator Status NAICS Type of Operation Geographic Coordinates Mailing Address / Secondary Address City, State, Zip Code Port of Lake Charles and Related Port Facilities Port of Lake Charles LAD002545291 1611 W Sallier St Lake Charles, LA 70601 Calcasieu Parish Very Small Quantity Generator (VSQG) 488310 POLC provides infrastructure (i.e. berths, warehouse) for their clients and tenants to dock ships and store material. 30.2130127, -93.2462135 PO Box 3753 Lake Charles, LA 70602 Permit Number (If Applicable) Not Applicable Additional Persons Participating in Inspection: Name Title Organization Elizabeth Pham Inspector EPA REGION 6 Sandesh Thapa Inspector EPA REGION 6 Anshul Paripati Contractor Eastern Research Group (ERG) Email Pham.elizabeth@epa.gov Thapa.sandesh@epa.gov Anshul.Paripati@erg.com Phone (214) 665-8354 (214) 665-2265 (571) 535-1503 Lead Inspector: Cameron Tanaka Cameron Tanaka Date: 2024.07.24 22:44:51 -04'00' Digitally signed by Cameron Tanaka 07/24/2024 ERG Cameron.Tanaka@erg.com (703) 633-1632 ext. 11632 Page 1 of 9 Port of Lake Charles and Related Port Facilities Inspection Date(s): 04/15/2024 - 04/17/2024 SECTION I - INTRODUCTION Site Entry and Purpose of the Inspection Type of inspection: Focused Compliance Inspection (FCI) The Port of Lake Charles (POLC) and surrounding facilities were selected for inspection based on an Environmental Justice and Regional initiative to evaluate facilities at ports receiving or transporting Resource Conservation and Recovery Act (RCRA)-regulated hazardous wastes, and/or have an International Convention for the Prevention of Pollution from Ships (MARPOL) Annex V Certificate of Adequacy (COA) issued by the U.S. Coast Guard (USCG). This report is based on information supplied by the facility representatives, inspector observations, port related facilities, and records including photographs taken (see Appendix 1), verbal or written statements made during or after the on-site inspection, and/or materials shown, demonstrated, or submitted to the EPA during or after the on-site inspection. In addition, information gathered prior to or after the inspection from a review of EPA, State, and public records may be included in this report. Attendees Title/Organization Lead Inspector/ Contractor/ERG RCRA Inspector/ Contractor/ERG Inspector/Enforcement Officer/EPA Region 6 Inspector/Enforcement Officer/EPA Region 6 Unknown Director of Operations Assistant Director of Navigation and Environmental Affairs Name Phone Email Opening Closing Conf. Conf. Cameron Tanaka (703) 633-1632 Cameron.Tanaka@erg.com Yes No ext. 11632 Anshul Paripati (571) 535-1503 Anshul.Paripati@erg.com Yes Yes Elizabeth Pham (214) 665-8354 Pham.elizabeth@epa.gov Yes Yes Sandesh Thapa (214) 665-2265 Thapa.sandesh@epa.gov Yes Yes Richert Self Unknown rlself@portlc.com Yes No Todd Henderson (337) 493-3520 thenderson@portlc.com Yes Yes Regan Brown (337) 493-3540 rbrown@portlc.com Yes Yes Page 2 of 9 Port of Lake Charles and Related Port Facilities Inspection Date(s): 04/15/2024 - 04/17/2024 Opening Conference The inspections at Port of Lake Charles tenants and surrounding facilities were selected for inspection based on an Environmental Justice and Regional initiative to evaluate facilities at ports receiving or transporting Resource Conservation and Recovery Act (RCRA)-regulated hazardous wastes. ERG contractors Cameron Tanaka (Lead) and Anshul Paripati along with EPA Region 6 inspectors Elizabeth Pham and Sandesh Thapa conducted the inspections during the week of 04/15/2023. The Port of Lake Charles provides infrastructure such as berths or warehouse space for their clients and tenants to dock ships and store material. The Port of Lake Charles uses one MARPOL Annex I & V COA that applies to all of the port's facilities and their tenants' facilities, and waste removal from ships is typically coordinated by ship agents and contracted out to third parties. Facility/Site Information Number of employees Length of Facility at this Location Operating Hours Safety Training Provided to Inspector(s)? Size of Facility What type of generator facility notified? What type of generator facility verified? Varies by tenant or related facility. Port of Lake Charles has been operating since 1926. 24 hours, seven days per week at docks. No, not required. Varies by tenant or related facility. The facility itself is a VSQG but other port facilities have separate generator IDs. Generator status not verified as this was a focused inspection to evaluate facilities at ports receiving or transporting RCRA regulated hazardous wastes. Page 3 of 9 Port of Lake Charles and Related Port Facilities Inspection Date(s): 04/15/2024 - 04/17/2024 Process Description POLC, officially known as the Lake Charles Harbor & Terminal District, is a deepwater seaport located on the Calcasieu Ship Channel and is the nation's 10th -busiest port district based on tonnage. The specific area that the inspection team covered was City Docks, which is located 34 miles inland from the Gulf of Mexico. The port provides infrastructure such as berths and warehouse spaces for transportation and storage of materials including lumber, cement, rubber, sulfur mixed with rubber, and steel. City Docks is a 200-acre facility that contains 13 berths and over 1.6 million square feet of storage space. During the duration of the inspection, the inspection team focused on visiting Port of Lake Charles tenants and surrounding facilities associated with dock operations. Tenant(s) - In order of inspection time. Tenant/Area Port of Lake Charles Logistec Terminals ACE Marine Inspection Date 04/15/24 Process Description POLC provides infrastructure (i.e. berths, warehouse) for their clients and tenants to dock ships and store material. These materials include lumber, cement, rubber, and steel, and do not include hazardous waste. They have one hazardous waste stream from removing residual material from aerosol cans. They have a MARPOL Annex I and V COA that covers all of their locations and tenants' locations on their City Docks property. Their docks are occasionally used to remove slops from ships, but these are never stored on their property. Area of Concern Yes 04/15/24 Logistec Terminals (Logistec) unloads materials including Yes lumber and rice from vessels. They do not load or unload any hazardous waste or waste in general. They mostly generate waste such as dunnage and general trash, used oil, used oil filters, and bilge water in their mechanic shop. They do not have their own MARPOL COA, as it is handled by the POLC. 04/17/24 ACE Marine (ACE) delivers supplies, such as food and No engine parts, to ships in the harbor. They operate a 60- foot barge and tugboat with a crane on it and two small vessels that they load with the supplies for delivery to the ships. They offload regulated garbage and returned engine parts (handled as scrap metal). These materials are picked up by trucks directly from the ship and taken off-site immediately. They do not have their own MARPOL certificate, as it is handled by the POLC. Page 4 of 9 Port of Lake Charles and Related Port Facilities Inspection Date(s): 04/15/2024 - 04/17/2024 SECTION II - OBSERVATIONS - In order of inspection time. Tenant: Port of Lake Charles Section: 2.1 Date: 04/15/24, 8:35 AM Contains AOC: Yes Contains CBI: No Lead Inspector: Cameron Tanaka Attendees: Todd Henderson (Director of Operations) and Tim Atkins (Captain of Harbor Police Department) The POLC provides infrastructure including berths and warehouse space for their clients, tenants, and stevedores to dock ships and store material. Their berths, warehouses, and docking space are located on City Docks. POLC stores materials including lumber, cement, rubber, sulfur mixed with rubber, and steel. They do not allow for storage of any hazardous waste and any waste received at the docks is taken directly off site by Environmental Response Services, Inc on trucks. They are a VSQG (EPA ID LAD002545291) and a small quantity handler of universal waste. They have one hazardous waste stream from removing residual materials from aerosol cans. To the best of their knowledge, they have never shipped off a full container of this material. Their maintenance shop stores used oil and used antifreeze. These are pumped out by third party transporters using vacuum trucks. POLC has a MARPOL Annex I and V COA from the USCG. POLC personnel stated that their docks receive slops and oily bilge water from ships, but these are transferred off site by vacuum truck without any storage on site. In these cases, the ship's agents will contact a transporter to pick up the waste. After the opening conference, the inspection team performed a visual inspection of the maintenance shop where used oil, used antifreeze, and their hazardous waste drum for residual material from aerosol cans. The inspection team met up with Rob McGilry who indicated that they contact a vacuum truck about once a month to pump out the used oil from its designated tank. The used oil tank is contained within a berm (see Appendix 1 - Photo 1) and there were two full 5-gallon buckets in the berm next to the tank that contained used oil according to Mr. McGilry (see Appendix 1 - Photo 2). The used oil tank and the 5-gallon buckets containing used oil were not labeled "Used Oil" at the time of the inspection. [AOC #1 - POLC did not clearly label their containers and aboveground tank used to store used oil with the words "Used Oil" - 40 CFR 279.22(c)(1)]. After explaining this observation, Mr. McGilry labeled the containers with "Used Oil" on a piece of paper (see Appendix 1 - Photo 6). In a follow-up response from POLC, Regan Brown explained that "With respect to the used oil buckets, we placed all used oil in our large used oil container and instructed personnel not to accumulate smaller containers of used oil, unless necessary" (see Appendix 2). Personnel were also instructed that any used oil containers need to be properly labeled. Their used antifreeze is also taken off site with a vacuum truck. The inspection team also viewed the facility's pad for managing aerosol cans (see Appendix 1 - Photo 3). The 55-gallon black drum is for emptied aerosol cans for metal recycling and the blue drum is for collecting residual materials from the punctured aerosol cans. According to POLC personnel, the blue drum has never been filled. There were no issues the inspection team noted on the label of the hazardous waste drum for residual materials from the punctured aerosol cans (see Appendix 1 - Photo 4). The inspection team noted that there was product material stored next to the hazardous waste material on their waste pad (see Appendix 1 - Photo 5). In a follow-up response from POLC, Regan Brown explained that "we moved the product(s) out of the secondary containment area and welded a chain across that area to segregate the waste" (see Appendix 2). A photo of this change is included as Appendix 3. The inspection team also observed the facility's used antifreeze container and noted no issues. The inspection team did not observe any other AOCs at the time of the inspection. A closing conference was conducted at approximately 9:35 AM with POLC personnel and the inspection team departed at 9:45 AM. Page 5 of 9 Port of Lake Charles and Related Port Facilities Inspection Date(s): 04/15/2024 - 04/17/2024 Tenant: Logistec Terminals Section: 2.2 Date: 04/15/24, 10:00 AM Contains AOC: Yes Contains CBI: No Lead Inspector: Cameron Tanaka Attendees: Jeffery Swan (Terminal Superintendent) Logistec is located on City Docks, which is owned by POLC. Logistec unloads materials including lumber and rice from vessels. They do not load or unload any hazardous waste or waste in general. They primarily generate waste such as dunnage and general trash, which are disposed of in the port's dumpsters. They also generate used oil, used oil filters, and oily water in their mechanic shop. Their used oil is generated through maintenance on their forklifts and the oily water is generated from their mechanics power washing their forklifts. These materials are held in plastic totes and are all taken off-site by a third-party transporter. According to Mr. Swan, their used oil, bilge water, and used oil filter containers are filled up then shipped off about once per year. They also generate used batteries which are sent back to the battery manufacturer. Logistec does not have a MARPOL COA from the USCG as the POLC holds the COA that covers the whole port. They also do not have an EPA ID number. During the inspection, the inspection team visually inspected Logistec's maintenance warehouse where used oil and other wastes are stored. The inspection team viewed Logistec's used oil filter drum (see Appendix 1 - Photo 7). The inspection team also viewed the facility's used oil and bilge water totes (see Appendix 1 - Photo 8). The inspection team viewed one of their used oil filter containers without secondary containment (see Appendix 1 - Photo 9). In a follow-up email from Mr. Swan (see Appendix 4), a photo was provided showing that secondary containment was added to this used oil filter drum (see Appendix 5 - Photo 1). The inspection team noted that their used batteries were not dated and labeled as "bad" rather than as "used batteries" (see Appendix 1 - Photos 10 and 11) [AOC #2 - Logistec did not label or mark clearly their used batteries with any one of the following phrases: "Universal Waste-Battery(ies)," or "Waste Battery(ies)," or "Used Battery(ies)." - 40 CFR 273.14(a); AOC #3 - Logistec did not provide a demonstration of the length of time that the universal waste has been accumulated from the date it becomes a waste or is received - 40 CFR 273.15(c)]. Logistec personnel immediately added labels to their batteries (see Appendix 1 - Photo 12). In a follow-up email from Mr. Swan (see Appendix 4), a photo was provided showing that these labels and dates were added to all of these batteries (see Appendix 5- Photo 2). The inspection team did not observe any other AOCs at the time of the inspection. A closing conference was conducted at approximately 11:00 AM with Mr. Swan. The inspection team departed at 11:10 AM. Tenant: ACE Marine Section: 2.3 Date: 04/17/24, 1:10 PM Contains AOC: No Contains CBI: No Lead Inspector: Cameron Tanaka Attendees: Richard Cory Parker (Operations Manager) ACE Marine is a launching company that delivers and loads supplies to ships in the harbor. ACE is a tenant of the POLC. They operate a 60-foot barge, a tugboat equipped with a crane, and two skiffs. They deliver food, engine parts, and other supplies to ships. They also offload APHIS regulated garbage and scrapped engine parts. Occasionally used batteries come with the regulated garbage. ACE hires third-party transporters, such as Nature Group, Texana Waste Services, Cameron LNG, and Marine Waste, to remove wastes directly from their ships when the ships arrive at the dock. They never store any of this waste on site. They also moor ships. ACE generates used oil from their ship and stores it on site in containers for a maximum of two months. ERS' vacuum trucks pump used oil out of these containers when the containers are full. When their batteries are Page 6 of 9 Port of Lake Charles and Related Port Facilities Inspection Date(s): 04/15/2024 - 04/17/2024 used up, they immediately exchange them with their battery supplier. ERS also pumps the bilge waste out of their vessels. Mr. Parker explained that to his knowledge ACE Marine does not have a MARPOL COA or an EPA ID number. No apparent AOCs were observed by the inspection team during the time of the inspection. A closing conference was conducted at approximately 1:45 PM with Mr. Parker. Page 7 of 9 Port of Lake Charles and Related Port Facilities Inspection Date(s): 04/15/2024 - 04/17/2024 SECTION III - RECORDS REVIEW No RCRA regulated records reviewed during this focused onsite inspection. SECTION IV - APPARENT AREAS OF CONCERN The presentation of Area(s) of Concern does not constitute a formal compliance determination or violation. Tenant: Port of Lake Charles AOC #1 - POLC did not clearly label containers used to Citation: 40 CFR 279.22(c)(1) store used oil with the words "Used Oil." Section: 2.1 Tenant: Logistec Terminals AOC #2 - Logistec did not label or mark clearly their used batteries with any one of the following phrases: "Universal Waste-Battery(ies)," or "Waste Battery(ies)," or "Used Battery(ies)." Citation: 40 CFR 273.14(a) Section: 2.2 AOC #3 - Logistec did not provide a demonstration of the length of time that the universal waste has been accumulated from the date it becomes a waste or is received. Citation: 40 CFR 273.15(c) Section 2.2 SECTION V - CLOSING CONFERENCE AND FOLLOW UP Closing Conference The on-site inspection was completed on 04/19/2024 and the closing conference was held by conference call on 04/23/2024 at 1:00 PM CST. During the closing conference, the inspection team informed the Port of Lake Charles personnel that areas of concern and requests for documents for each facility were communicated at the conclusion of each respective inspection. Follow-Up Any facility follow-up items are as discussed in each facility's observations in Section II. Documents or files provided by the facilities were transmitted via email and included responses to areas of concern or provision of documents requested. Communication Log During and after the inspection, additional information was emailed to EPA including: 1. 05/03/24 POLC email - Regan Brown sent a photograph and two descriptions of corrective actions implemented at the site. 2. 05/28/24 Logistec email - Jeffery Swan sent an email with photographs of corrective actions implemented at the site. Page 8 of 9 Port of Lake Charles and Related Port Facilities Inspection Date(s): 04/15/2024 - 04/17/2024 SECTION VI - LIST OF APPENDICES Appendix 1. Photograph Log Appendix 2. Follow-Up Email from Port of Lake Charles Appendix 3. Photo of Secondary Containment Area from Follow-Up Email from Port of Lake Charles Appendix 4. Follow-Up Email from Logistec Terminals Appendix 5. Follow-Up Photographs from Logistec Terminals Page 9 of 9 APPENDIX 1. PHOTOGRAPH LOG UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Photo No. 1 Location: Port of Lake Charles City: Lake Charles County/Parish: Calcasieu State: Louisiana Photo File Name: DSCN7161 Date of Photo: 04/15/2024 Time of Photo: 09:35 hrs. Photographer: Anshul Paripati Description: View of used oil tank with berm in the POLC maintenance shop. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Photo No. 2 Location: Port of Lake Charles City: Lake Charles County/Parish: Calcasieu State: Louisiana Photo File Name: DSCN7162 Date of Photo: 04/15/2024 Time of Photo: 09:37 hrs. Photographer: Anshul Paripati Description: Unlabeled 5-gallon buckets containing used oil in the POLC maintenance shop. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Photo No. 3 Location: Port of Lake Charles City: Lake Charles County/Parish: Calcasieu State: Louisiana Photo File Name: DSCN7163 Date of Photo: 04/15/2024 Time of Photo: 09:38 hrs. Photographer: Anshul Paripati Description: View of hazardous waste drum pad in the POLC maintenance shop storing a 55-gallon drum of residual material from punctured aerosol cans. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Photo No. 4 Location: Port of Lake Charles City: Lake Charles County/Parish: Calcasieu State: Louisiana Photo File Name: DSCN70164 Date of Photo: 04/15/2024 Time of Photo: 09:39 hrs. Photographer: Anshul Paripati Description: View of the hazardous waste drum label in the POLC maintenance shop. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Photo No. 5 Location: Port of Lake Charles City: Lake Charles County/Parish: Calcasieu State: Louisiana Photo File Name: DSCN7165 Date of Photo: 04/15/2024 Time of Photo: 09:44 hrs. Photographer: Anshul Paripati Description: Overview of drum pad with the 55-gallon hazardous waste drum and product drum in the POLC maintenance shop. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Photo No. 6 Location: Port of Lake Charles City: Lake Charles County/Parish: Calcasieu State: Louisiana Photo File Name: DSCN7166 Date of Photo: 04/15/2024 Time of Photo: 09:46 hrs. Photographer: Anshul Paripati Description: Labeled used oil containers in POLC maintenance shop. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Photo No. 7 Location: Logistec Terminals City: Lake Charles County/Parish: Calcasieu State: Louisiana Photo File Name: DSCN7167 Date of Photo: 04/15/2024 Time of Photo: 10:34 hrs. Photographer: Anshul Paripati Description: View of Logistec's used oil filter drum in their maintenance shop. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Photo No. 8 Location: Logistec Terminals City: Lake Charles County/Parish: Calcasieu State: Louisiana Photo File Name: DSCN7168 Date of Photo: 04/15/2024 Time of Photo: 10:35 hrs. Photographer: Anshul Paripati Description: View of Logistec's used oil and oily water totes in their maintenance shop. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Photo No. 9 Location: Logistec Terminals City: Lake Charles County/Parish: Calcasieu State: Louisiana Photo File Name: DSCN7169 Date of Photo: 04/15/2024 Time of Photo: 10:36 hrs. Photographer: Anshul Paripati Description: View of Logistec's used oil filter drum in their maintenance shop. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Photo No. 10 Location: Logistec Terminals City: Lake Charles County/Parish: Calcasieu State: Louisiana Photo File Name: DSCN7170 Date of Photo: 04/15/2024 Time of Photo: 10:43 hrs. Photographer: Anshul Paripati Description: View of Logistec's used batteries labeled as "bad" in their maintenance shop. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Photo No. 11 Location: Logistec Terminals City: Lake Charles County/Parish: Calcasieu State: Louisiana Photo File Name: DSCN7171 Date of Photo: 04/15/2024 Time of Photo: 10:47 hrs. Photographer: Anshul Paripati Description: Another view of Logistec's used batteries labeled "bad" in their maintenance shop. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Photo No. 12 Location: Logistec Terminals City: Lake Charles County/Parish: Calcasieu State: Louisiana Photo File Name: DSCN7172 Date of Photo: 04/15/2024 Time of Photo: 10:54 hrs. Photographer: Anshul Paripati Description: View of Logistec's used batteries with added dates in their maintenance shop. APPENDIX 2. FOLLOW-UP EMAIL FROM PORT OF LAKE CHARLES Appendix 2 Page 1 of 1 APPENDIX 3. PHOTO OF SECONDARY CONTAINMENT AREA FROM FOLLOW-UP EMAIL FROM PORT OF LAKE CHARLES - ;11Th\1l 1'ii, i' -- ,i!I n 11 tJ , :.-'l;;-tm,ttRsi.m I --., ,. T , \ .. Appen dix 3 Page 1' of 1 APPENDIX 4. FOLLOW-UP EMAIL FROM LOGISTEC TERMINALS Appendix 4 Page 1 of 3 Appendix 4 Page 2 of 3 Appendix 4 Page 3 of 3 APPENDIX 5. FOLLOW-UP PHOTOGRAPHS FROM LOGISTEC TERMINALS  Appendix 5 Page 1 of 2 Appendix 5 Page 2 of 2