1025, a Mama oen® ot June 30, 1997 MEMORANDUM. SUBJECT: TO Inspection Date: Inspectors: EPA ID Number: Facility Name: Physical Location: Facility Mailing Address: Facility Owner: Facility Representative(s) : UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 6 11445 ROSS AVENUE DALLAS, TEXAS 75202-2735 DRAFT - FINAL Case Development Inspection for Encycle/Texas, Inc. Agatha Benjamin, P.E. Texas Section (6EN-HT) File June 16-20, 1997 Agatha Benjamin, EPA (214) 665-7292 Susan Clewis, TNRCC Samuel Tates, EPA Sampling Coordinator TxD008117186 Encycle/Texas, Inc. (ETI) $500 UpRiver Road, Corpus Christi, Texas 78407 Same A subsidiary of ASARCO Elizabeth Payne , Director of Regulatory Affairs (512) 289 -0300 Audra Murphy Environmental Specialist Facility Description: Recycler Inspection Type: Case Development Inspection (CDI)On June 16-20, 1997, and unannounced inspection was conducted at Encycle/Texas, Inc. (ETI) located at 5500 Up Road in Corpus Christi, Nueces County, Texas. EPA conducted a Case Development Inspection (CDI). The purpose of the CDI was to obtain a better understanding of the facility operation and determine the compliance status with the RCRA Permitting regulations. During the same time, TNRCC conducted its annual compliance evaluation inspection (CEI). On June 16, 1997, EPA reviewed Encycle’s compliance and permit files at the TNRCC's Corpus Christi, Texas office. EPA and TNRCC arrived at the facility on June 17, 1997, approximately 8:30 AM. Upon arrival at the facility, we presented our credentials. Elizabeth Payne, Directory of Regulatory Affairs for ETI was contacted. At the vistor station, ETI provided a respirators and vistor passes to be carried with us at all times. At the administrative office, we were provided with facility maps (attachment 6) and a short safety training. The order of the inspection was discussed with Ms. Payne. The inspection commenced in the field (facility site), on June 17, 1997. The entire facility was inspected. Due to 4 lack of time, a facility file review was not performed. Ms. Payne and Audra Murphy, Environmental Specialist accompanied EPA and TNRCC during the facility inspection. The PRC’s Sampling Team, managed by Samuel Tates, EPA, joined the inspection on June 18, 1997 (day two of the inspection). Mr. Earl Metier, Safety Manager for ETI provided a 30 minutes safety training to the sampling Team. Facility Description ETI a wholly owned subsidiary of Asarco Incorporated is located at 5500 Upriver Road on the Texas Gulf coast in the City of Corpus Christi, Nueces County, Texas. The facility is located on 106 acres, 18 of which are used for facility operations. Encycle employs approximately 115 people. The facility has been in operation since 1941 (then called Asarco, Inc.). The ownership of the facility was transferred from Asarco to ETI on January 4, 1988. Adjacent to the north property boundary is the Corpus Christi Inner Harbor which is used for shipping. The Property to the west is a public grain elevator operation. To the east is an oil refinery. To the south is a public road and beyond the road into the city limits is a residential and light commercial region. ——-ETl_receives Resource Conservation and Recovery Act (RCRA) manifested listed and characteristic hazardous wastes, which are—> alleged exempt from RCRA pursuant to the Bevill amendment ,/am alleged industrial non-hazardous wastes. ETI claims to produce various “products” from these materials which are shipped to smelters throughout the United States and some foreign countries ET] alas receives Listed and Churaclencic. hxzudous wale oe. -not allare Claimed Bevil exer ETl elso recewes non- Q autre) weeles L.€. not alleged beth now kg, ET veceiver Mhauraute by products aul sludges devhves Sor reclowahios(China, Peru, Canada) for metals reclamation. While ETI has a RCRA storage permit, the facility has never received a RCRA hazardous waste treatment permit because the company claims that its operations constitute exempt recycling. Specifically, ETT claims that its “products” are used as effective substitutes for commercial products pursuant to 40 C.F.R. 261.2(e) (ii), and therefore, the “products” are not defined as solid or hazardous waste under RCRA. ETI’s storage permit numbered is HW-50221-001. On September 27, 1988, TNRCC issued ETI a 10-year RCRA permit (HW-50221-001), which authorized the storage of Class I hazardous and nonhazardous waste. This permit was subsequently superseded by a 10-year permit, also numbered HW-50221-001, issued July 23, 1992 Encycle's storage permit authorizes the facility to receive and store (in specifically defined areas) the following categories of hazardous wastes: D- Exhibits a particular hazardous characteristic; F- Wastes from non-specific sources; K- Wastes from specific sources; P- Acutely hazardous constituents; and U- Toxic constituents. Once received, the wastes are sent to Facility 1, 2, 3 or 4 to (1)undergo treatment in one of four basic processes used to produce ETI’s alleged “products”, or mixed with other materials in what ETI refers to as its Product Management Plan (PMP) or (3) they may be shipped out to a smelter (per Payne) without any reclamation or processing. These processes are discussed in the inspection report ( pages 4-8), as explained to the the EPA and TNRCC inspectors by ETI. FIELD INSPECTION: Field inspection commenced on June 17, 1997. The inspection began at Area #37 as designated on the attached facility map. The (@ntire facility ultimately was inspected: _ oF Weather conditions-Hot, < 96 degrees, Index 114 clear to cloudy One June 17-20, 1997 the following areas were inspected: © Area # 37; © Sulfuric Acid Tank Farm; “Youdrd wor hot The seve > Weatmentd pbut on pate 4 which vv pack J lee rdw tot tee Lepore: " War Ra yout magect Heese?