DSHW-2024-004899

Deq submit <[e-mail]>
FW: USU - EPA Inspection
1 message
Bethany Gott <[e-mail]>Tue, Feb 27, 2024 at 11:31 AM
To: "[e-mail]" <[e-mail]>

Bethany Gott
Analyst - Environmental - Waste Control

XPO
14685 145th Ave
Ottumwa, IA 52577
O: [phone]

From: Bethany Gott
Sent: Wednesday, February 21, 2024 6:55 AM
To: [e-mail]
Cc: [e-mail]
Subject: FW: USU - EPA Inspection
Importance: High

Good morning Jordan,

Attached is the completion of the requested action items from the audit. This is my first audit in this role and if you need any additional
information please do not hesitate to reach out.

I appreciate your hard work and flexibility.

Thank you!

Bethany Gott
Analyst - Environmental - Waste Control

XPO
14685 145th Ave
Ottumwa, IA 52577
O: [phone]

From: Bethany Gott
Sent: Tuesday, February 13, 2024 7:22 AM
To: Scott Stoneburg <[e-mail]>; Travis Higham <[e-mail]>; Lorraine Hammond
<[e-mail]>
Cc: Tom Petho <[e-mail]>; Matthew Zellen <[e-mail]>; Stephanie Rakestraw
<[e-mail]>; Benjamin Oleson <[e-mail]>
Subject: USU - EPA Inspection
Importance: High

Corrective actions plan assignments;

1. Bethany – We do have a process in place it’s the CHI form located on the Environmental Sharepoint. Attached at the top of this
email banner. Will add this into the follow-up report to the EPA. Complete
2. Tom – Update the contingency plans, I know when this first came in we were waiting on the violation notice. – Completed
3. Bethany - Pending and updated flyer from Brett at ERTS should have by EOBD 2/13– Completed
4. Team USU – It appears that our labels provided in Titan have an accumulation start date. Please relabel or call into ERTS any
missing accumulation start dates for universal waste. Labels produced

Completion due date by EOBD 2/15.

Thank you,

Bethany Gott
Analyst - Environmental - Waste Control

XPO
14685 145th Ave
Ottumwa, IA 52577
O: [phone]

From: Matthew Zellen <[e-mail]>
Sent: Thursday, February 8, 2024 11:49 AM
To: Bethany Gott <[e-mail]>
Cc: Russ Williams <[e-mail]>
Subject: FW: DSHW-2024-004455
Importance: High

We just received a Warning Letter from an inspection at our USU location. There were deficiencies in our Contingency plans, improper
labeling and a failure to file exception reports for overdue manifests.

Please address with the facility and coordinate the response to the regulator.

This Message Is From an External Sender
This message came from outside your organization.
Matthew

Matthew Zellen
Director - Environmental, Health and Safety

XPO
2211 Old Earhart Road
Ann Arbor, Michigan 48105
M: [phone]

From: Jordan Kerns < >
Sent: Thursday, February 8, 2024 10:36 AM
To: [e-mail]; [e-mail]; [e-mail]; Erika Greenwell <[e-mail]>; Deborah Ng
<[e-mail]>; Arlene Lovato <[e-mail]>; Jordan Kerns <[e-mail]>; [e-mail]; Scott
Stoneburg <[e-mail]>; Lorraine Hammond <[e-mail]>; Travis Higham
<[e-mail]>; Matthew Zellen <[e-mail]>; [e-mail]
Subject: DSHW-2024-004455

I am forwarding the following document: DSHW-2024-004455. -- Jordan Kerns Office Specialist | Division of Waste Management and Radiation
Control Office: [phone] | Front Desk: [phone]wasteandradiation. utah. gov Emails to and from
ZjQcmQRYFpfptBannerStart
ZjQcmQRYFpfptBannerEnd
I am forwarding the following document: DSHW-2024-004455.

--

Jordan Kerns
Office Specialist |
Division of Waste Management and Radiation Control

Office: [phone] | Front Desk: [phone]
wasteandradiation.utah.gov

Emails to and from this email address may be considered public records and thus
subject to Utah GRAMA requirements.
Statements made in this email do not constitute the official position of the Director
of the Division of Waste Management and Radiation Control. If you desire a
statement of the Division Director’s position, please submit a written request to the
Director, including copies of documents relevant to your request.

6 attachments
DSHW-2024-004455.pdf
207K
CHI-016a No Final Manifest Available Form.pdf
97K
USU Hazardous Waste Contingency Plan 2024 Updated.pdf
2169K
Waste Label - 2024-02-19T155831.471.pdf
526K
Waste Label - 2024-02-19T155838.112.pdf
526K
XPO spill reporting poster draft 2.24.23.pdf
4696K
No Final Manifest
Available
Use this form when you are unable to update a Titan entry with the Final Manifest 30
days after a waste pickup.

Submit this form to the XPO Environmental Group ([e-mail]) to
file a manifest exception report.
Today's Date SIC Code Your Name
Date the Item was Picked Up Titan Inventory Number
Waste Vendor that Picked Up the Item
Clean Earth (formerly Stericycle)
Other
Initial Manifest Number
Additional Information/Comments

DSHW-2024-004455 195 North 1950 West • Salt Lake City, UT
Mailing Address: P.O. Box 144880 • Salt Lake City, UT 84114-4880
Telephone [phone] • Fax [phone] • T.D.D. 711
www.deq.utah.gov
Printed on 100% recycled paper
State of Utah

SPENCER J. COX
Governor

DEIDRE HENDERSON
Lieutenant Governor
Department of
Environmental Quality

Kimberly D. Shelley
Executive Director

DIVISION OF WASTE MANAGEMENT
AND RADIATION CONTROL

Douglas J. Hansen
Director

February 8, 2024
Scott Stoneburg, Assistant Senior Manager
XPO Logistics Freight, Inc. – USU
2211 Old Earhart Road, Suite 100
Ann Arbor, MI 48105

RE: Warning Letter No. 2401011
Compliance Evaluation Inspection
UTR000011254

Dear Mr. Stoneburg:

On January 10, 2024, representatives of the Division of Waste Management and Radiation Control
(Division) conducted a compliance evaluation inspection at your facility. The scope of the inspection
was to determine compliance with the Utah Solid and Hazardous Waste 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:

1. Utah Administrative Code (UAC) R315-262-42 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, Inc. (XPO) failed to file exception reports for numerous
manifests.

2. Utah Administrative Code R315-262-261(d) 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 included an emergency coordinator, however, the employee listed
is no longer with the company.
(Over)
Page 2 of 4

3. Utah Administrative Code R315-262-262(b)(8) requires quick reference guide (QRG) to
include the name of the emergency coordinator(s) and 7/24-hour emergency telephone
number.

The QRG lists an emergency coordinator who 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. Utah Administrative Code R315-262-264 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. Utah Administrative Code R315-262-265(a)(1) requires the emergency coordinator to
activate internal facility alarms or communication systems, where applicable, to notify all
facility personnel whenever there is an emergency situation.

The contingency plan does not include procedures for activation of internal alarms by the
emergency coordinator.

6. Utah Administrative Code R315-262-265(a)(2) requires the emergency coordinator to
immediately notify the appropriate state or local agencies with designated response roles
if their help is needed whenever there is an emergency situation.

The contingency plan does not include provisions for notifying all applicable state and/or
local response agencies.

7. Utah Administrative Code R315-262-265(b) 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. Utah Administrative Code R315-262-265(c) 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 with any additional documentation showing they have
Page 3 of 4

documented procedures in place for the emergency coordinator to follow in order to
assess possible hazards to human health and the environment.

9. Utah Administrative Code R315-262-265(e) 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 does not spread to other hazardous waste or
materials at the facility.

10. Utah Administrative Code R315-273-14(f) 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. Utah Administrative Code R315-273-14(g) 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 to be managed as universal waste
were not marked with one of the following phrases “Universal Waste Aerosols,”
“Waste Aerosols,” or “Used Aerosols.”

12. Utah Administrative Code R315-273-15(c)(1) 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:

1. Create and document procedures to ensure exception reports are filed to the Director when
XPO has 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. Provide a copy of these procedures to the Division.

Page 4 of 4

2. Updated the contingency plan to include the following and provide a copy to the Division:

a. A current contact that is qualified to act as the emergency coordinator.
b. Procedures for activation of internal alarms by the emergency coordinator.
c. Provisions for notifying all applicable state and/or local response agencies,
including the Department of Environmental Quality.
d. Procedures that the emergency coordinator will follow to immediately identify the
character, source, amount and extent of a released material.
e. Procedures for the emergency coordinator to follow in order to assess possible
hazards to human health and the environment.
f. Procedures to prevent the spread of an incident to other hazardous wastes and
materials at the facility.
g. Procedures to prevent the spread of an incident to other hazardous wastes and
materials at the facility.

3. Update the QRG to include the following and provide a copy to the Division: a. The name of the emergency coordinator(s) and 7/24-hour emergency telephone
number. 4. Ensure and document all universal waste is marked with an accumulation start date and the
applicable labeling per Utah Administrative Code R315-273.

a. Provide the Division documentation (e.g., photos) 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
UAC R315-273-14(f) and R315-273-14(g).

Please provide the requested corrective action documentation within 30 days to the Division to resolve
these compliance issues.

If you have any questions, please call Erika Greenwell at 385-499-0346.

Sincerely,

Douglas J. Hansen, Director
Division of Waste Management and Radiation Control

DJH/EEG/jk

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.
Annette Maxwell, U.S. EPA, Region VIII (ENF)
Scott Stoneburg, Assistant Senior Manager, XPO Logistics Freight, Inc. (Email and Hard Copy)
Lorraine Hammond, Senior Specialist Operations, XPO Logistics Freight, Inc. (Email)
Travis Higham, XPO Logistics Freight, Inc. (Email)
Matthew Zellen, XPO Logistics Freight, Inc. (Email)
Russ Williams, XPO Logistic Freight, Inc. (Email)
UNIVERSAL
WASTE
UNIVERSAL WASTE
ACCUMULATION START DATE CONTAINER ID #
GENERATOR
ADDRESS
CITY STATE ZIP
DOT PROPER SHIPPING NAME
CHI-007L
THIS MATERIAL HAS BEEN DEEMED A WASTE AND CANNOT
BE TRANSPORTED BY XPO
FLAMMABLE (EACH NOT EXCEEDING 1 L CAPACITY), 2.1
UTSalt Lake City
1474452/19/2024
XPO Freight, Inc. - USU
858 S 3760 West
84104-5501
UN1950, WASTE AEROSOLS,
UNIVERSAL
WASTE
UNIVERSAL WASTE
ACCUMULATION START DATE CONTAINER ID #
GENERATOR
ADDRESS
CITY STATE ZIP
DOT PROPER SHIPPING NAME
CHI-007L
THIS MATERIAL HAS BEEN DEEMED A WASTE AND CANNOT
BE TRANSPORTED BY XPO
FLAMMABLE (EACH NOT EXCEEDING 1 L CAPACITY), 2.1
UTSalt Lake City
1474442/19/2024
XPO Freight, Inc. - USU
858 S 3760 West
84104-5501
UN1950, WASTE AEROSOLS,

ERTS Phone #: [phone] Email: [e-mail]

REPORT
*Update ERTS if the situation changes*
If you discover a spill or damaged freight, report it!
IDENTIFY
• Safely prevent the spilled material from spreading by applying only
XPO spill kit absorbent around the spill.
ERTS Phone #: [phone] Email: [e-mail]
• Notify nearby personnel and call ERTS upon safely
identifying and containing the spill.

• Safely identify and confirm the spilled material- Product Name and UN #.
ERTS SPILL REPORTING
*Prevent forklifts and people from
entering the spill area*
Do not attempt any cleanup without contacting ERTS and reviewing the SDS