A EPA i U.S. Environmental Protection Agency 4i Pacific Southwest, Region 9 Land Division September 2014 National Historic Preservation Act (NHPA) Determination For Evoqua Water Technologies (formerly Siemens) September 2014 Introduction US EPA has made a Determination of No Historic Properties Affected by a Resource Conservation and Recovery Act (RCRA) permit decision for the Evoqua Water Technologies LLC facility (formerly known as Siemens Industries, Inc., Siemens Water Technologies LLC, U. S. Filter, andWestates) in Parker, Arizona. This means that whether EPA approves or denies the permit application for the facility, there wouldbe no impact on historic properties. This fact sheet summarizes this determination and its relationship to the hazardous waste permit being sought by Evoqua and the Colorado River Indian Tribes ("CRIT"). Please note that, due to several changes to the facility operator's name over time, older documents may still retain past names. Background Evoqua Water Technologies operates a spent carbon storage and treatment facility on the CRIT reservation, near Parker, Arizona. Evoqua treats spent carbon in a regeneration furnace to purify it and make it a reusable product that is sold back to the company's customers. EPA is responsible under RCR A to permit hazardous waste treatment, storage, and disposal facilities that manage regulated wastes on tribal lands. The Evoqua facility has been operating under RCRA "interim status" pending EPA's review of the facility's RCRA permit application. It is important to note that both the hazardous waste interim status and permit regulations require that the facility be operated safely, so as to protect both human health and the environment. EPA is in the process of reviewing the facility's application for a RCRA permit at the Parker, Arizona location. As part of that review, EPA has conducted a number of detailed studies, some in conjunction with other governmental agencies. One of these is a National Historic Preservation Act (NHPA) review, which requires that EPA review potential impacts of the permit decision on historic and culturally significant properties. Please see EPA's general fact sheet for discussion of other studies done as part of this permit process. The public will have the opportunity to see and comment on EPA's proposed permit decision before a final permit decision is made. About 11% of the spent carbon coming into the facility is considered RCRA hazardous waste, Evoqua could still continue to operate and regenerate the 89% non-RCRA carbon even if US EPA denies the facility's RCRA permit. 1 Serving Arizona, California, Hawaii, Nevada, the Pacific Island, and 148 Tribes 75 Hawthorne Street, San Francisco, CA 94105 800-EPA-WEST • www.epa.gov/region9 ------- Overview of the NHPA Process US EPA has conducted a NHPA Sec. 106 review of the proposed RCRA hazardous waste permit for the Evoqua facility and made a final determination that no historic properties will be affected. A report documenting the steps taken in making this finding has been sent to the Colorado River Indian Tribes, the Arizona State Historic Preservation Office, Evoqua Water Technologies, and the Town of Parker, which are consulting parties under the NHPA process. As part of the NHPA review, EPA first designated an Area of Potential Effects (or "APE"), which signifies the area in which historic properties may be directly or indirectly affected. EPA designated the APE to be a one- mile-radius around the facility in a January 2007 public notice. Search for Historic Properties EPA has taken a number of steps to identify historic properties within the APE. First, with assistance from the CRIT Museum Director and Attorney General's Office, EPA reviewed past records regarding the facility area. Neither a walkover of the site nor a records search of Museum's files revealed any historic sites in the area. EPA also reached out to the public via public notices regarding the NHPA process and public comment periods in 2006 and 2007. None of the comments received identified any specific historic properties within the APE. A search of the National Register of Historic Places database likewise found no such sites within the APE. Two sites were identified as potential historic properties under NHPA. One was Parker Cemetery, which lies within the APE and is a location where Navajo Code Talkers are interred. I n addition, addressing public concerns about the proximity of the facility to Black Peak, a sacred mountain approximately 3 miles away, EPA considered all areas within the APE from where Black Peak may be viewed or from where prayers might be directed to Black Peak to be areas of traditional religious and cultural importance. Conclusion EPA identified potential effects of facility operations on historic properties, including visual and auditory impacts, and impacts stemming from the presence of chemicals in the facility's emissions and at the facility generally. However, the facility could continue operating whether or not a permit is issued. Since the permit decision will not significantly affect facility operations, EPA has determined that a permit decision relating to Evoqua's management of RCRA hazardous waste will have no effect on historic properties. Contacts You can find more information on Evoqua (formerly Siemens) at US EPA Region 9's website: http://www.epa.gov/regionQ/waste/evoqua/risk.html For further information, please contact: ------- Mr. "Mike" Mahfouz Zabaneh, P.E., Environmental Engineer/Project Manager at Zabaneh.Mahfouz@epa.gov. or Ph: (415) 972-3348 FAX: (415) 947-3533 US EPA Region 9, LND-4-2 75 Hawthorne Street San Francisco, CA 94105 ------- |