DSHW-2024-004455

February 1, 2024
Scott Stoneburg,Assistant Senior Manager
XPO Logistics Freight, Inc. - USU
2211 Old Earhart Road, Suite 100
Ann Arbor, MI 48105
RE:Warning LetterNo. 2401011Compliance Evaluation InspectionUTR000011254
Dear Mr. Stoneburg:
OnJanuary 10, 2024, representatives of the Division of Waste Management and Radiation Control conducted a compliance evaluation inspection at your facility. The scope of the inspection
was to determine compliance with the Utah Solid and HazardousWaste Rules.
Based on observations and information obtained during the inspection, the Division is issuing this Warning Letter to notify you of the following compliance issues:
R315-262-42of the Utah Administrative Code (UAC) requires a large quantity generator (LQG) to submit an Exception Report to the Director if they have not received a copy of a manifest
with the handwritten signature of the owner or operator of the designated facility within 45 days of the date the waste was accepted by the initial transporter.
XPO Logistics Freight (XPO) was required to and failed to file exception reports for numerous manifests.
2. R315-262-261(d)UAC requires the contingency plan to list the names and emergency telephone numbers of all persons qualified to act as the emergency coordinator and to keep this list
up to date. When more than one person is listed, the generator is required to identify the primary emergency coordinator.
The contingency plan includes emergency coordinators, however, the employee listed is no longer with the company. The contingency plan does not include the information of an emergency
contact currently with the company that is qualified to act as the emergency coordinator.
3. R315-262-262(b)(8)UAC requires quick reference guide (QRG) to include the name of the emergency coordinator(s) and 7/24-hour emergency telephone number.
The quick reference guide (QRG) includes names and contact information for an emergency coordinator, however, the employee listed is no longer with the company. The QRG does not include
the current name and contact information of a person qualified to act as emergency coordinator.
4. R315-262-264UAC requires the facility to have at least one employee on-site or on-call at all times who is qualified to act as the emergency coordinator.
At the time of inspection, inspectors were unable to verify whether XPO has identified an employee qualified to act as emergency coordinator.
5. R315-262-265(a)(1)UAC requiresthe emergency coordinator to activate internal facility alarms or communication systems, where applicable, to notify all facility personnelwhenever there
is an emergency situation.
The contingency plan does not include procedures for activation of internal alarms by the emergency coordinator.
6. R315-262-265(a)(2)UAC requiresthe emergency coordinator to immediately notify theappropriate state or local agencies with designated response roles if their help is neededwhenever
there is an emergency situation.
The contingency plan does not include provisions for notifying all applicable state and/or local response agencies.
7. R315-262-265(b) UAC states“Whenever there is a release, fire, or explosion, the emergency coordinator shall immediately identify the character, exact source, amount, and areal extent
of any released materials. The emergency coordinator may do this by observation or review of the facility records or manifests and, if necessary, by chemical analysis.”
The contingency plan does not outline the procedures that the emergency coordinator will follow to immediately identify the character, source, amount and extent of a released material.
8. R315-262-265(c) UAC states“the emergency coordinator shall assess possible hazards to human health or the environment that may result from the release, fire, or explosion. This assessment
shall consider both direct and indirect effects of the release, fire, or explosion, e.g., the effects of any toxic, irritating, or asphyxiating gases that are generated, or the effects
of any hazardous surface water run-offs from water or chemical agents used to control fire and heat-induced explosions.”
The contingency plan does not include procedures for the emergency coordinator to follow in order to assess possible hazards to human health and the environment. XPO did not provide
inspectors any additional documentation showing they have documented procedures in place for the emergency coordinator to follow in order to assess possible hazards to human health and
the environment.
9. R315-262-265(e)UAC states“During an emergency, the emergency coordinator shall take all reasonable measures necessary to ensure that fires, explosions, and releases do not occur,
recur, or spread to other hazardous waste at the generator's facility. These measures shall include, where applicable, stopping processes and operations, collecting and containing released
hazardous waste, and removing or isolating container.”
The contingency plan does not include procedures to prevent the spread of an incident to other hazardous wastes and materials at the facility. Inspectors did not observe any documentation
indicating XPO has listed procedures for the emergency coordinator to follow in order to ensure an incident spreads to other hazardous waste or materials at the facility.
10. R315-273-14(f)UAC states“A container, tank, or transport vehicle or vessel in which antifreeze is contained shall be labeled or marked clearly with the words "Universal Waste-antifreeze"”.

A tote containing used antifreeze was not marked with one of the following phrases “Universal Waste Antifreeze”, “Used Antifreeze”, or “Waste Antifreeze”.
11. R315-273-14(g) UAC requires a container in aerosol cans are accumulating to be clearly marked with one of the following phrases: "Universal Waste-Aerosol Can(s)", "Waste Aerosol
Can(s)", or "Used Aerosol Can(s)".
Containers being used to accumulate aerosol cans being managed as universal waste were not marked with one of the following phrases “Universal Waste Aerosols”, “Waste Aerosols”, or “Used
Aerosols”.
12. R315-273-15(c)(1)UAC requires a generator who accumulates universal waste to demonstrate the length of time that the universal waste has been accumulated from the date it becomes
a waste. The handler may make this demonstration by: Placing the universal waste in a container and marking the container with the earliest date that any universal waste in the container
became a waste or was received.
Containers being used to accumulate universal waste are not being marked with an accumulation start date.
Please take the following corrective actions:
Create and document procedures to ensure exception reports are filed to the Director when you have not received the received a copy of a manifest with the handwritten signature of the
owner or operator of the designated facility within 45 days of the date the waste was accepted by the initial transporter.
Provide a copy of these procedures to the Division.
Updated the contingency plan to include the following and provide a copy to the Division:
A current contact that is qualified to act as the emergency coordinator
Procedures for activation of internal alarms by the emergency coordinator

Provisions for notifying all applicable state and/or local response agencies, including the Department of Environmental Quality
Procedures that the emergency coordinator will follow to immediately identify the character, source, amount and extent of a released material
Procedures for the emergency coordinator to follow in order to assess possible hazards to human health and the environment
Procedures to prevent the spread of an incident to other hazardous wastes and materials at the facility
Procedures to prevent the spread of an incident to other hazardous wastes and materials at the facility
Update the QRG to include the following and provide a copy to the Division:
The name of the emergency coordinator(s) and 7/24-hour emergency telephone number
Ensure and document all universal waste is marked with an accumulation start date and the applicable labeling per R315-273.
Provide the Division with documentation showing the Universal Waste Antifreeze and Universal Waste Aerosols observed at the time of inspection are properly marked with an accumulation
start date and the applicable labeling per R315-273-14(f) and R315-273-14(g).
Please provide the requested corrective action documentation within 30 daysof receipt of this letterto the Division to resolve these compliance issues.
If you have any questions, please call Erika Greenwell at [phone]
Sincerely,
Douglas J. Hansen, Director
Division of Waste Management and Radiation Control
DJH/EEG/xx
c:Angela C. Dunn, MD, MPH, Health Officer, Salt Lake County Health Dept.
Dorothy Adams, Deputy Director, Salt Lake County Health Dept.
Ron Lund, Environmental Health Director, Salt Lake County Health Dept.
Scott Stoneburg, Assistant Senior Manager, XPO Logistics (Email) ([e-mail])
Lorraine Hammond, Senior Specialist Operations, XPO Logistics (Email) ([e-mail])
Travis Higham, XPO Logistics (Email) ([e-mail])
Matthew Zellen, XPO Logistics (Email)([e-mail])
Russ Williams, XPO Logistic (Email)([e-mail])