DSHW-2025-000405

January 29, 2025
Blake Izatt, EHS Specialist
The Boeing Company
1215 North 2200 West
Salt Lake City, UT 84116
RE:Compliance AdvisoryNo.2412145UTD981550858
Dear Mr. Izatt:
This Compliance Advisory is being sent to your attention as a representative of The Boeing Company (the Respondent). According to the Division of Waste Management and Radiation Control’s
(Division) records, you are the designated contact person for the Respondent. On October 24, 2024, representatives of the Division conducted a compliance evaluation inspection at the
Respondent’s facility. The scope of the inspection was to verify compliance with the Utah Administrative Code R315 (the Rules), and the Utah Solid and Hazardous Waste Act (the Act).
Based on observations and information obtained during the inspection, the Director of the Division (Director) is issuing this Compliance Advisory to provide the Respondent with notice
of the following compliance issues as well as an opportunity to correct these apparent compliance issues: Utah Administrative Code R315-262-17(a)(5)(i)requires “A large quantity generator
shall mark or label its containers with the following: … The date upon which each period of accumulation begins clearly visible for inspection on each container.”
We noted one Clan Pak cubic yard storage bag containing used paint filters was not marked with the accumulation start date
This was corrected by Blake Izatt on the spot.Utah Administrative Code R315-262-17(a)(1)(iv)(A), requires “A container holding hazardous waste shall always be closed during accumulation,
except when it is necessary to add orremove waste.”
In the northern end of the Horizontal Stabilizer Paint Building, we saw one 55-gallon drum of sealant tubes and rags had a bent lid that did not fully close.
Mr. Izatt replaced this lid shortly after our inspection, confirmed in an email dated November 27, 2024.
Utah Administrative Code R315-262-17(a)(1)(iv)(A), requires “A container holding hazardous waste shall always be closed during accumulation, except when it is necessary to add or remove
waste.”
In the paint kitchen, we noted a solvent-based solvent drum’s latch was not closed.
Mr. Izatt corrected this on the spot.Utah Administrative Code R315-262-17(a)(5)(i)(B)requires “A large quantity generator shall mark or label its containers with the following: … An
indication of the hazards of the contents” Mr. Izatt explained in an email that three totes containing paint booth filters were improperly labeled as expired canned paint waste.
Mr. Izatt corrected the labels the following Monday, October 28, 2024.Utah Administrative Code R315-262-17(a)(7)(i)(B)requires “This program shall be directed by a person trained in
hazardous waste management procedures, and shall includeinstruction which teaches facility personnel hazardous waste management procedures, including contingency plan implementation,relevant
to the positions in which they are employed.”
Ron Irby signed manifest 017379401FLE, dated August 19, 2022, without DOT training. Mr. Izatt confirmed Ron Irby’s previous lack of training in a phone call dated December 9, 2024.
Ron Irby received DOT training dated October 13, 2023. In a phone call dated December 9, 2024, Mr. Izatt stated Boeing is working to update their policy to include the requirement for
Boeing employees to receive DOT training before signing hazardous waste manifests.Utah Administrative Code R315-262-23(a)(1-2)requires “The generator shall:sign the manifest certification
by hand”
Clean Harbors Environmental Services (CHES) staff will occasionally sign manifests on behalf of Mr. Izatt, who gives authority to sign manifests verbally over the phone. Blake stated
he was not sure if Boeing’s contract with CHES gave written authority to sign on behalf of Boeing. In an email dated November 27, 2024. Mr. Izatt stated they had not found any written
authority for CHES to sign on behalf of Boeing in their contract. Mr. Izatt asked for further guidance on the requirement cited, which was provided in an email dated November 29, 2024.
Blake stated Boeing will stop giving authority to sign manifests until the authority is added to their contract, in a phone call dated December 9, 2024.Utah Administrative Code R315-262-23(a)(1-2)
requires “The generator shall: sign the manifest certification by hand”
On manifest 017379401FLE, dated August 19, 2022, Ron Irby signed under the “Print” section and printed under the “Signature” section.
Ron Irby received DOT training October 13, 2023.Utah Administrative Code R315-262-11requires “A person who generates a solid waste, as defined in Section R315-261-2, shall make an accurate
determination as to whether that waste is a hazardous waste in order to ensure wastes are properly managed according to applicable regulations.” Because Boeing could not show that its
recyclable electronic waste was not speculatively accumulated and could not show that it was legitimately recycled, Boeing's electronic waste is not exempt from regulation as a solid
waste. Boeing failed to determine if its electronic waste is a hazardous waste..
Requested Corrective Action: Please provide documentation to show that your recyclable electronic waste is not speculatively accumulated in accordance with R315-261-1(c)(8) and that
the recycling is legitimate in accordance with R315- 260-43. Maintain documentation of your claim that your recyclable electronic waste is not a solid waste or is conditionally exempt
from regulation in accordance with R315-261-2(f).
Pursuant to this Compliance Advisory, the Director is providing the Respondent an opportunity to correct the apparent compliance issues. The Director will also consider any evidence
and additional information provided by the Respondent.
Within 30 days of the date of this Compliance Advisory, please submit the following requested documentation regarding each compliance issue and associated corrective actions to the Director:
the cause of each compliance issue;
the specific corrective actions taken, results achieved, and applicable dates;
if future corrective actions are proposed, the specific corrective actions and proposed completion dates, including intermediate milestones, as applicable; and
how the corrective actions will prevent similar compliance issues from recurring.
All information regarding corrective actions relating to this matter should be addressed to the Director at:
Douglas J. Hansen, DirectorDivision of Waste Management and Radiation ControlP.O. Box 144880Salt Lake City, UT 84114-4880or by email at: [e-mail]
DO NOT submit any documents or information through email that are protected,confidential, proprietary, orfor which you are claiming business confidentiality underUtah Code Section 63G-2-305.
To better ensure records are protected, all suchdocuments and information must be submitted using the mailing address above andin accordance with Utah Code Section63G-2-309.
If the Respondent demonstrates that it has taken appropriate corrective actionsregarding the matters addressed in this Compliance Advisory, the Director will issue a closeout letter
and will consider this matter to be closed.However, if the Respondent fails to demonstrate appropriate corrective actions within the30day timeframe, the Director will consider taking
escalated enforcement actions, including seeking financial penalties. In all events, the matters addressed in this Compliance Advisory, including the Respondent’s corrective actions,
will become part of the Respondent’s compliance record and may be considered in connection with future enforcement matters.
If you have any questions, please contactThomas Welby by email at [e-mail] by phone at 385-499-4935.
Sincerely,

Douglas J. Hansen, Director
Division of Waste Management and Radiation Control
DJH/TJW/wa
c:Dorothy Adams, Health Officer, Salt Lake County Health Dept.
Eric Peterson, Deputy Health Officer, Salt Lake County Health Dept.
Ron Lund, Environmental Health Director, Salt Lake County Health Dept.
Annette Maxwell, U.S. EPA, Region VIII (ENF)
Stevie Norcross, PhD, Assistant Director, Division of Waste Management and Radiation Control,
Utah Department of Environmental Quality (UDEQ)
Judith Moran, Division of Waste Management and Radiation Control, UDEQ