Braun Intertec provided on-site waste consulting, transport oversight and final disposition support at a petroleum bulk storage terminal as part of an emergency Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) response action. A catastrophic fire and the associated response actions at the facility generated a huge volume of CERCLA and Resource Conversation and Recovery Act (RCRA) wastes. These materials, generated through efforts to fight the fire at the facility, were impacted by and/or contained perfluorinated compounds (PFAS), volatile organic compounds (VOCs), total petroleum hydrocarbons, and RCRA metals. PFAS-containing fire suppression foam was used to extinguish the fire and to maintain a layer of fire suppression to inhibit re-ignition. The containment berm which surrounded the tank farm was overwhelmed by the conditions, eventually becoming breached and allowing a massive release of the product, PFAS fire suppression foam, and firefighting waste to discharge to the Houston Ship Channel causing initiation of CERCLA action which requires associated wastes to be managed separately from, and in addition to, RCRA regulations.
Braun Intertec led and negotiated CERCLA approval and provided RCRA waste determinations and classification for waste disposal, under the U.S. Environmental Protection Agency (EPA) and Texas Commission on Environmental Quality (TCEQ) oversight who, along with the Bulk Storage Terminal representative, formed the Unified Command for the CERCLA event. Beyond the sheer size of the undertaking associated with waste disposal, PFAS are not currently well-regulated in the U.S. and, as an emerging and essentially ubiquitous contaminant, the uncertainty regarding future regulation causes immense concern among disposal facilities, making their management problematic for generators.
Braun Intertec was retained to assist in drafting the waste sampling and analysis plan, waste sampling, waste collection and staging oversight, waste classification, and negotiation of disposal of details. After negotiation, sampling and waste classification, non-hazardous and hazardous solid waste debris were disposed of. Sheet metal from the fire-damaged tanks, IBC totes, and poly 55-gallon drums were recycled after rinsing of residues. Hazardous firefighting impacted waters, and oily hazardous waste as well as impacted hard boom were disposed of after sampling and/or process knowledge indicated waste was impacted by different mixtures of perfluorinated compounds and oily VOCs. Many of these chemicals are both CERCLA and RCRA regulated compounds. Because the incident required assembly of Unified Command, non-RCRA regulated compounds (such as PFAS) were considered CERCLA wastes and still required classification and characterization.
During oversight of incident-related waste management, over 50 RCRA waste determinations were performed to classify materials generated during the CERLCA incident. The waste generated included: 170 hazardous and non-hazardous solid waste roll-off boxes; 8.6 million pounds of scrap metal; 25 million gallons of hazardous waters; 10.5 million gallons of hazardous oily waste; 1,568 (275-gallon) Intermediate Bulk Containers totes; 680 (55-gallon) polymer drums; and 3,300 yards of affected hard boom, which was deployed to contain the associated release of hazardous chemicals in a marine waterway. The facility notice of registration (NOR) was updated accordingly with determinations that resulted in RCRA classifications. Based on CERCLA regulation, non-RCRA determinations and waste disposal required approval of the Unified Command, including state (TCEQ) and federal (EPA) regulators. Braun Intertec was able to successfully negotiate the management, characterization, classification, pricing, and disposal options for incident-related materials at approved RCRA- and CERCLA-regulated facilities.
