DSHW-2024-005106

March XX, 2023
William Simmons, General Manager
Clean Harbors Aragonite, LLC
P.O. Box 1339
Grantsville, UT 84029
RE:Warning Letter 2402018Compliance Evaluation InspectionUTD 981 552 177
Dear Mr. Simmons:
During the 2023 fiscal year, Clean Harbors Aragonite, LLC. (Aragonite) self-reported several violations of their RCRA Part B Permit or the Utah Solid and Hazardous Waste Rules. Additionally,
on August 2, 2023 and September 11 - 14, 2023, 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 facility’s permit and 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:
R315-262-42 of the Utah Administrative Code (UAC) requireslarge quantity generators of hazardous waste to submit an exception report if a signed copy of a manifest is not received back
at the facility within 45 days of the date the waste was accepted by the initial transporter.
During the 2023 fiscal year, Aragonite self-reported one instance of failing to submit an exception report (DSHW-2022-027285).
As part of the self-reporting process, Aragonite identified the root cause of the non-compliance and implemented corrective actions. No further action is required.
R315-268-50(b) of the Utah Administrative Code (UAC) prohibits the owner/operator of a treatment, storage or disposal facility from storing hazardous waste for longer than one year.
During the 2023 fiscal year, Aragonite self-reported two instances of storing hazardous waste longer than one year (DSHW-2022-027689 and DSHW-2023-208748).
As part of the self-reporting process, Aragonite identified the root cause of the non-compliance and implemented corrective actions. No further action is required.
Section D.23. of Module 4 of Aragonite’s RCRA Part B permitrequires Aragonite to bring the pH of a tank contents to within 4.5 and 12.5, or feed the contents to the incinerator, within
four days.
During the 2023 fiscal year, Aragonite self-reported one instance of failing to bring the pH of the contents of a tank to the required range (DSHW-2023-000061).
As part of the self-reporting process, Aragonite identified the root cause of the non-compliance and implemented corrective actions. No further action is required.
Section 2.7 of Attachment 14 to Aragonite’s RCRA Part B Permit requires the carbon in the closed vent system carbon beds be replaced on a regular predetermined time interval that is
less than the design carbon replacement interval based on the flow rates and VOC concentrations in the closed vent system.
During the 2023 fiscal year, Aragonite self-reported one instance of exceeding the pre-determined carbon bed run hours (DSHW-2023-000262).
As part of the self-reporting process, Aragonite identified the root cause of the non-compliance and implemented corrective actions. No further action is required.
Attachment 9 to Aragonite’s RCRA Part B permit lists the permitted storage capacities of hazardous waste storage tanks permitted for use at the facility.
During the 2023 fiscal year, Aragonite self-reported one instance of exceeding the tank capacity of Tank T-406 (DSHW-2023-004456).
As part of the self-reporting process, Aragonite identified the root cause of the non-compliance and implemented corrective actions. No further action is required.
Section D.22 of Module 3 of Aragonite’s RCRA Part B permit requires Aragonite to refrigerate infectious waste within seven days of receipt.
During the 2023 fiscal year, Aragonite self-reported one instance of failing to refrigerate infectious waste withing seven days(DSHW-2023-208038).
As part of the self-reporting process, Aragonite identified the root cause of the non-compliance and implemented corrective actions. No further action is required.
Section 2 of Attachment 4 to Aragonite’s RCRA Part B Permit outlines CHA’s required training program. Section 2 requires all personnel to have job titles from the list in Table 2 and
to complete the training specified in Table 2. The required training must occur within six months of the date of hire, six months of assignment to CHA, or six months of assignment to
a new position at CHA, whichever is applicable. During the FY2022 inspection, inspectors documented the following:
J. Caldwell had not completed SS2017 (Site Orientation) since 6/27/2022. They completed the course on the day of the inspection, but this was past the one year refresher timeline.
Aragonite was unable to provide records indicating that B. Forrester had completed HS6020 (Fire Safety) in 2021.
Records indicate that K. Branham completed SS2027 (Industrial Safety) on 2022-07-13, over 6 months after their hire date.
Documents provided by the facility indicate that B. Forrester completed HS6701 (confined space) on 2020-12-04, did not complete the course in 2021 or 2022, and then completed the course
again on 2023-01-20. An internal audit conducted on B. Forrester’s training file on 2023-01-20 indicated the training was required, but a second audit conducted on 2023-06-15 indicated
the training was not required. Tyson Hone confirmed that the training is required for this position and that the 2023-06-15 audit was incorrect.
For findings i., ii., and iii. listed above, the individuals in question have completed any missing training. Additionally, though one audit had an incorrect finding, the addition of
a Facility Operation Supervisor overseeing facility training and an audit program is a considerable improvement over previous years. No further action is required.
Section 1.2 of Attachment 8 to Aragonite’s RCRA Part B Permit requiresAragonite to ship rejected wastes that are not accepted by the facility off-siteno more than 60 days from the PREC
date. Additionally, Aragonite must ship wastes that have been accepted but are later rejected due to processing concerns off-site no more than 60 days after the date the reject determination
was made. During the FY2022 inspection, inspectors documented the following:
Container A0070TX3 was plant received on 2022-11-15 and was not rejected until 2023-01-28 (74 days). This container was noted as “REJECT - PYROPHORIC”
Container A0024QTC was plant received on 2022-04-21 and was not rejected until 2023-02-07 (291 days). This container was noted as “DIDO 2/3 GR LEAD ACID BATT”. DIDO stands for Drum
In / Drum Out and refers to containers that can be accepted for storage but not incineration.
Container A0065I7V appears twice on the reject report. First, it was plant received on 2022-10-25 and rejected on 2022-11-17 (23 days). However, this reject date was entered into WIN
on 2023-04-06. The same container appears again on the Reject Report query as being plant received on 2022-10-25 and rejected on 2023-04-23 (179 days). This second reject date was
entered on 2023-04-23.
All three containers identified above have shipped off-site. Further information is requested below, but no further action on resolving these containers is required.
Section 2.0 of Attachment 14 to Aragonite’s RCRA Part B Permit requires annual inspections of the duct work sections between the carbon adsorption system ID fan (K-401) and the carbon
adsorbers, between the combustion air fans (K-101 and K-102A/B) and the incinerator, between the vacuum pump dilution air fan (K-407) and the combustion air plenum, and between the sludge
pad direct burn system and the closed vent system to ensure that there are no VOC emissions greater than 500 ppm above background.
Historically, Aragonite has not used the sludge pad direct burn system, and therefore has not conducted the inspection mentioned above. During the 2023 fiscal year, the Division approved
a permit mod that allowed Aragonite to pump totes through the sludge pad direct burn system. Aragonite has since resumed using the sludge pad direct burn system, and should also resume
the annual inspection of the duct work between the sludge pad direct burn system and the closed vent system.
Please take the following corrective actions:

Provide explanations for the three containers identified in Compliance Issue 8 as being reject waste that was stored on-site longer than 60 days. Please identify the errors that led
to these containers being held for longer than 60 days and provide corrective actions the facility will take to prevent these errors in the future.
Conduct an Annual Combustion Air Inspection on the duct work between the sludge pad direct burn system and the closed vent system. Include a copy of the completed inspection form with
your response to this letter. Include this inspection in subsequent annual combustion air inspections.
Please provide the requested corrective action documentation within 45 daysof the receipt of this letterto the Division to resolve these compliance issues.
The compliance issues listed above were identified as I) being not indicative of large, systemic problems at the Clean Harbors Aragonite facility, II) presenting relatively low risk
to human health and the environment (specifically in the context of operations occurring at Clean Harbors Aragonite), and III) requiring no further corrective actions. As such, no additional
enforcement actions will be taken in response to these violations at this time. However, if a pattern of non-compliance related to the findings listed above emerges from subsequent inspections,
the Division reserves the right to take enforcement actions against similar instances of non-compliance in the future.
I recognize that Aragonite self-reported most of these violations. This was a factor in my decision to deal with them in this warning letter, rather than in a notice of violation.
If you have any questions, please call Gabrielle Marinick at [phone].
Sincerely,
Douglas J. Hansen, Director
Division of Waste Management and Radiation Control
DJH/GEM/[???]
c: Jeff Coombs, Health Officer, Tooele County Health Department
Bryan Slade, Environmental Health Director, Tooele County Health Department
Annette Maxwell, U.S EPA, Region VIII
Natalie Cannon, U.S EPA, Region VIII
Ken Banks, Clean Harbors Aragonite (Email)
Boyd Swenson, Division of Waste Management and Radiation Control, UDEQ
Kaci McNeill, Division of Waste Management and Radiation Control, UDEQ