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HomeMy WebLinkAboutDSHW-2024-005872Page 1 of 17 COMPLIANCE EVALUATION INSPECTION REPORT INSPECTION REPORT FOR: Univar Solutions USA LLC DATE OF INSPECTION: March 27, 2024 FACILITY ADDRESS: Freeport Center Building 12 Clearfield, UT 84016 FACILITY COUNTY: Davis EPA ID #: UTD048406144 FACILITY CONTACT: James Mitchell, Operations Manager GENERATOR STATUS: LQG & Permitted Storage ARRIVAL/DEPARTURE TIME: 9:00 am/1:30 pm WEATHER CONDITIONS: Partly Sunny, high 40s PARTICIPANTS: James Mitchell, Operations Manager, Univar Jared Carling, Regional Regulatory Manager, Univar Kari Lundeen DWMRC Sally Kaiser, DWMRC APPLICABLE RULES: R315-124, 260, 261, 262, 263 and 270 of the Utah Administrative Code (UAC); RCRA Part B Permit, Issued October 2007 REPORT PREPARED BY: Sally Kaiser LHD NOTIFICATION: March 11, 2024 PURPOSE AND SCOPE: The purpose of the inspection was to conduct the biennial compliance evaluation of the Univar Solutions USA LLC (Univar), Clearfield facility. We reviewed site security, safety equipment, waste management tracking paperwork packets, inspection records, training records, the contingency plan, and waste management and storage areas. We were shown a facility overview presentation. This presentation included a description of the process areas, laboratory, warehouse, hazardous waste storage, rail cars, and tank farm. Page 2 of 17 COMPANY OWNERSHIP The facility has operated under several different companies. Originally Ashland Distribution, the facility was transferred to TPG Capital in 2011, who named it Nexeo Solutions. Univar purchased Nexeo Solutions’ stock as of March 1, 2019 and integrated the two companies as of September 1, 2019. The facility now does business as Univar Solutions USA LLC as of January 1, 2024 (DSHW-2023-212962). FACILITY DESCRIPTION: Univar is permitted as a hazardous waste storage and transfer facility in the Freeport Center, Clearfield, Utah. The facility is also a Large Quantity Generator (LQG). The site property is 6.5 acres and has been leased from Freeport Center Associates since 1982. Univar is operated by 7 employees. The warehouse is for storing supplies. No flammables are stored in the warehouse because there is no fire suppression in the warehouse. The tank farm has a capacity of 237,000 gallons and is used exclusively for chemical product storage. Railcars are used for transporting chemical products only. There is space for only 18 cars. The laboratory is used to perform Quality Control for the chemical products they mix. Tests include pH, conductivity, and specific gravity. They keep laboratory samples for up to one year and then they are shipped back to the client. (See Photo 22). Univar’s chemical sales operations include transporting, blending, repackaging, and selling bulk chemicals. Some products and materials are received in containers, while bulk solvents are received by tanker truck and rail car and stored in the tank farm (18 tanks). From there the solvents are blended, drummed, and resold. Solvents at the facility include toluene, xylene, ketones, methyl ethyl ketone, and glycols. No chemical manufacturing is conducted at the Facility. Univar’s hazardous waste operations include receiving, sorting, and aggregating containers for shipment to various treatment and disposal facilities. Off-site customer generated hazardous waste is received in containers from all over the west, typically consisting of 55-gallon drums (no bulk). When waste arrives, it is sorted according to compatibility and treatment/disposal destination. Waste may be stored in the 90-day area or in the one-year permitted storage area called Chem Care Storage. Once a large enough quantity of waste is aggregated for shipment to a particular facility, it is manifested off-site to a disposal facility in the same container as received. Univar's permit prohibits them from taking bio-hazardous materials, explosives, radioactive materials, PCBs, and asbestos. The permit also prohibits them from opening any of the containers they receive. As such, Univar does not perform any waste mixing, blending, consolidation, or treatment of the hazardous waste. The facility stores waste in containers for a period not to exceed 10 days in designated trucks at the loading dock or in an area within the container storage unit area designated for 10-day transfer wastes. Wastes received from out of State identified as "California Hazardous Wastes" are also stored and managed in the 10-day container storage unit. These wastes are not classified as hazardous waste in Utah and are not subject to the RCRA permit. Universal Waste and solid, non-hazardous waste are also received at the Facility. Non-hazardous waste is shipped to solid waste landfills and treatment facilities. Page 3 of 17 NARRATIVE: ON-SITE REVIEW: We arrived at the facility at 9:10 am. We met with James Mitchell and Jared Carling. J. Carling is the Operations Manager and works from the Salt Lake City office. He oversees compliance for three Univar Facilities. Mr. Mitchell is the Operations Supervisor and works at the Clearfield facility. J. Mitchell shared a Hazard Communication checklist with us that indicated we had reviewed the basic safety considerations (exits, gathering points, etc.) We signed to acknowledge the overview of safety considerations. J. Mitchell provided a facility overview presentation. The overview included a description of the process areas, laboratory, warehouse, hazardous waste storage, rail cars, and tank farm. We then discussed the purpose of the inspection, reviewed some of the process information, discussed personnel, and requested documents. Contingency Plan/SPCC During the previous inspection Univar had updated their Contingency Plan without submitting a permit modification, nor had they notified the local authorities with a copy of the plan. Univar submitted a permit modification and it was approved March 18, 2024 (DSHW-2024-004689). Univar has not notified the local police department nor the local hospital in regard to this update to the Contingency Plan. Univar has notified other LEPCs and will notify the police department and local hospital and forward that documentation to the Division (see Attachment 5 received April 2, 2024). Spill Reporting Univar has not had any reportable quantity spill in the last two years, so no spill reporting was necessary. If they did have a spill, they would contract with Clean Harbors to perform the cleanup. Biennial Report and Waste Minimization Report Univar submitted a complete biennial report for 2023 (DSHW-2024-005158). The inspectors requested a copy of Univar’s waste minimization report. J. Mitchell forwarded the waste minimization report to inspectors on 3/27/2024 (See Attachment 8). Waste Analysis Plan, Inventory Logs, and Manifests We reviewed the waste intake process. When receiving a new waste stream, the Univar client provides the safety data sheets and any other information they have to Univar’s waste profile specialists to make a waste determination. Once the waste determination is made, a profile is created in the Univar database. The database tracks all the profiles and ensures that they are re- certified annually. A land disposal restriction form is generated (if applicable) and stored with that profile. If the waste is acceptable to bring through Univar, the waste profile specialist finds an approved waste disposal facility, generates a manifest, and sends a driver to collect the waste. The driver collects and labels the drums in coordination with the customer. The driver uses a “pick ticket” and a driver checklist to track inventory and ensure proper shipping. If there is a discrepancy, Univar works with the generator to address it. This is tracked on the purchase order. No waste is accepted into the inventory until accurate and complete information is obtained and discrepancies are resolved (no unmanifested or unprofiled waste is accepted). When Univar ships the waste off site, they generate a new manifest. The truck drivers have a detailed, gridded inventory sheet with profiles and a final checklist. Univar ships most waste offsite within a month since they do not want to approach their 1-year storage limit. Page 4 of 17 They do not open any containers or sample any materials. They do not have a used oil permit and do not accept any used oil. Univar generates booms, rags, aerosol cans, and solvents from flushing their mixing lines. They are notified as a large quantity generator. S. Kaiser reviewed several waste tracking packets that contained pick tickets, manifests, driver checklists, and land disposal restriction forms. All forms I reviewed were completed adequately. When asked if they ever ship waste internationally, both J. Mitchell and J. Carling said no. I reviewed ten hazardous waste manifests – all were completed with the appropriate waste codes, shipping names, dates, and signatures. 1. 023172310JJK 2. 024006968JJK 3. 024006957JJK 4. 025603009JJK 5. 024576848JJK 6. 02400700JJK 7. 024420420JJK 8. 024420413JJK 9. 023172310JJK 10. 024006968JJK Manifest #024421149JJK did not have the final facility signature. J. Mitchell and J. Carling asked Lori Kap to investigate. L. Kap returned to us shortly telling us that the previous employee had it in their old office cubby. (See Attachment 4) Manifest #024289088JJK Dakota Zimmer signed as received 2/23/2027. It seems this should have been 2/27/2023. (See Attachment 4) Training Records K. Lundeen reviewed the Organization Chart and compared it to the training requirements in permit Attachment 5, Table 1 (See Attachment 10). Training records are maintained in an online database that flags users when their training is coming due. We reviewed records for the following: James Mitchell – Operations Manager • Missing the required 8-Hr HAZWOPER training. • Other training was complete. Currently Vacant – Operations Supervisor Brandon Burningham – Driver/Material Handler • DOT regulation training was completed April 2022. • RCRA training is due 4/1/2024. • We could not verify that all of his training was complete because he does not report to J. Mitchell. Joel – Material Handler Began working 3/1/2024. • RCRA training was completed 6/15/2023. • 8-Hr HAZWOPER due 4/30/2024. Page 5 of 17 • Other training was complete. Dakota Zimmer – Inventory Control Coordinator • All training was complete. Inspection Records Univar is required to conduct monthly inspections of the safety and emergency equipment and weekly inspections of the hazardous waste container storage unit areas and security systems. They also conduct daily inspections of the loading and unloading areas. While we were reviewing the inspection records, J. Mitchell and J. Carling told us that they had an employee who left, not on good terms, and his inspection records were nowhere to be found. They had another employee who left two weeks ago who was responsible for reviewing the inspection records of the employee who left. However, she did not oversee that individual because the relationship was “toxic” To address this, J. Mitchells stated that he checks the inspection logs every day. If he is not in the office, he delegates this responsibility to another person onsite. Dakota Zimmer took over inspections on February 14, 2024. Weekly Inspection Records We reviewed all the inspection records from the last inspection in 2022 to the present: Missing weekly inspection reports January 2024 through February 12, 2024; September 17, 2023 through December 16, 2023; and July 2023 through September 15, 2023. December 2023, February 2023, and September 2022, there were comments on the weekly inspection forms about cracks and deterioration and cracks in the curbing and impervious surface. When we inspected the Chem Care Storage we only noted minor cracking once but several patching areas that were holding up well. (See Photos 16-21). We did ask that when a problem like this is noted on the inspection reports that it be followed up and noted when repaired. In addition, the comment should not disappear and show up a month later unless it was a new instance. Monthly Inspection Records We reviewed all the inspection records from the last inspection in 2022 to the present: No monthly inspection records were missing. February 2024 - D. Zimmer marks that the emergency horn canister was not in place. January 2023 – D. Zimmer had used whiteout on the monthly inspection form and white-out was also used on the October 2022 inspection form. This had been an issue with the 2022 inspection. In 2022, J. Mitchell had stated that they have already discussed this issue with inspectors, and it has been corrected. At the time, he said they no longer have white-out at the facility and that the national level Univar group had conducted some training on appropriate document management at the beginning of 2022. Daily Inspection Records K. Lundeen reviewed the Daily Inspection Records from August 8, 2022 through March 25, ,2024. Several of the forms were missing the year, although they were dated with the days of the week. All the March inspections for 2024 were missing the year on the inspection forms. The following daily inspection forms were missing (this may not be a complete list): Page 6 of 17 September 5, 2022 October 14, 2022 November 18, 2022 December 26, 23, 14, 15, and 16, 2022 January 9 , 2023 April 6 and 7, 2023 May 29, 2023 June 12, 2023 July 4, 2023 Safety Equipment and Site Security The entire facility is surrounded by a fence. The facility is closed at night and on weekends. The fenced area must be accessed through locked gates or through the building – the drivers have access to the fenced areas. Communications are maintained using radios or cell phones. Safety equipment was available throughout the facility, including the waste management areas (See Photos 14 and 15). Safety equipment included fire extinguishers, spill kits, and overpack drums. Three overpack drums were stored in the 1-year container storage unit area, others were available in the product warehouse. Warning signs were also posted throughout the facility. All fire extinguishers have been checked monthly and were adequately charged. Waste Management and Storage Satellite Accumulation Area (SAA) The SAA is located in the old drumming area (See Photo 1). The inspectors observed one 55- gallon drum labeled flammable and hazardous waste. There was a dirty rags container nearby that was empty. J. Mitchell and J. Carling said that their dirty rags are treated as hazardous waste. A second SAA is located in the lab (See Photo 23). The container was labeled correctly, closed, and in adequate condition. Central Accumulation Area (CAA) The inspectors observed twelve 55-gallon drums in the CAA. (see Photo 2). All drums seemed closed and no apparent leaking. Not all drum labels were readily viewable and J. Mitchell would have to turn a drum so that I could see the label. But aisle space was adequate. Three drums were labeled Flammable, Hazardous waste, with accumulation start dates of 3/19/2024 or 3/21/2024. Nine of the drums were labeled Profile Pending, they were labeled hazardous waste and had an accumulation start date of 3/25/2024. J. Carling reported to me that these drums had been found in a trailer onsite. They were found in February and brought here and labeled March 25, 2024. They said these drums may have been in the trailer for years. The disposal facility would not take them because there was still some liquid in the bottom so all of them are being tested for a waste determination. Chem Care Storage All drums were closed, labeled with the words hazardous waste, and an indication of the hazard. (See Photos 5, 6, 7, and 9) We viewed the one-year storage area and looked at inventory. They use the manifest number as their tracking number, and/or they assign a batch number. (See Attachment 3). Page 7 of 17 Inspectors observed the Universal Waste aisle. (See Photo 8). Boxes were labeled and closed. The following hazardous waste labels were photographed and then cross checked on the inventory report. • HW manifest #026101812JJK (See Photo 10) • HW manifest #024710710JJK (See Photo 11) • HW manifest #0188399929FLE (See Photo 12) • HW manifest #025603499JJK (See Photo 13) The aisle space was sufficient to inspect the containers and read labels. Some drums were turned around and the labels could not be viewed without J. Mitchell maneuvering the drums so that the labels faced the outside (See Photos 3 and 4). Univar uses a database drum tracking system to manage their inventory. They can track the date they received each drum and the system notifies them of the amount of time that a drum has been at the facility. The cell in the database changes color as the drum nears regulatory dates. There were no drums in the database that were approaching either the 90-day or one year mark (as appropriate for the storage area). SUMMARY OF CONCERNS/RECOMMENDATIONS Inspectors requested a work order for any issues noted on the inspection forms so that Univar can demonstrate how they address concerns noted on inspections. The year should be written on the inspection sheets. While the sheets are kept in a binder chronologically, this may not always be the case. The facility needs to be able to demonstrate exactly when inspections are done. A note should be added or days crossed out for when the facility is closed (on holidays for example). Inspectors requested a training roster describing additional training that will be done for how to complete inspection forms. Inspectors reminded J. Mitchell and J. Carling that the use of white-out on the inspection forms was a repeat issue from the previous inspection and asked how they would handle this issue going forward and to share that information with us. Regarding the nine drums the facility found in a trailer at the back of the property during a recent audit: failure to notify the Division when the drums were discovered was non-compliant with condition I.U. of their permit (quote below). On March 27,2024, S. Kaiser requested that J. Mitchell and J. Carling submit information to explain how Univar will address the non-compliance. I.U. OTHER NONCOMPLIANCE I.U.1. The Permittee shall submit a written report of all instances of noncompliance with this Permit not otherwise required to be reported in accordance with Condition I.Q. This report shall be submitted within fifteen (15) days of discovery of noncompliance. The report shall contain the information listed in Condition I.R. of this Permit. Reporting shall not constitute a defense for any noncompliance. Next permit modification needs to reflect change(s) they have made to the job descriptions in permit Attachment 6 – Training Plan. For example, they indicated that they now call the Inventory Control Coordinator the Operations Coordinator. FOLLOW-UP ACTIONS: Compliance Advisory is recommended along with repeat compliance assistance visits. Page 8 of 17 INSPECTOR SIGNATURE: DATE: 4/4/2024 Attachment 1: Photos Attachment 2: Inspection Checklists Attachment 3: Inventory Report Attachment 4: Manifests Attachment 5: Missing Police and Hospital Notifications Attachment 6: Facility Correspondence Attachment 7: Notification to Local Health Department Attachment 8: Waste Minimization Report Attachment 9: Training Checklist Page 9 of 17 Attachment 1: Photos Page 10 of 17 Attachment 2: Inspection Checklists Page 11 of 17 Attachment 3: Inventory Report Page 12 of 17 Attachment 4: Manifests Page 13 of 17 Attachment 5: Police and Hospital Notifications Page 14 of 17 Attachment 6: Facility Correspondence Page 15 of 17 Attachment 7: Notification to Local Health Department Page 16 of 17 Attachment 8: Waste Minimization Report Page 17 of 17 Attachment 9: Training Checklist