Proposed Approval for Commercial Storage and
Disposal of Polychlorinated Biphenyls (PCBs)
US Ecology Nevada, Inc.
Beatty, Nevada
U.S. EPA ID: NVT330010000
Issued by
U.S. Environmental Protection Agency, Region 9
San Francisco, California
July 25, 2012
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION IX
75 Hawthorne Street
San Francisco. CA 94105
PROPOSED APPROVAL FOR A TOXIC SUBSTANCES CONTROL ACT
PCB COMMERCIAL STORAGE AND DISPOSAL FACILITY
FACILITY: US Ecology Nevada, Inc.
U.S. EPA ID Number: NVT330010000
The United States Environmental Protection Agency, Region 9 ("U.S. EPA") is renewing and
modifying an Approval issued to US Ecology Nevada, Inc., ("US Ecology"), as facility operator,
to continue to operate a commercial polychlorinated biphenyl ("PCB") storage and chemical
waste landfill facility in Beatty, Nevada (hereinafter "Facility")(see Figure 1, Site Location Map)
and is including for the first time the State of Nevada, the site Owner (the "Owner"), as a co-
permittee for purposes of closure and post-closure care only. This Approval is being issued
pursuant to Section 6(e)(1) of the Toxic Substances Control Act ('TSCA") of 1976, 15 U.S.C. §
2605(e)(1), and 40 C.F.R. Part 7611, including any amendments or revisions thereto. This
Approval ("TSCA Approval" or "Approval") authorizes US Ecology to store and dispose of
PCB wastes.
US Ecology shall comply with and operate the Facility in accordance with (1) all terms and
conditions of this Approval as stated herein, (2) plans incorporated by reference into this
Approval, and (3) the PCB regulations at 40 C.F.R. Part 761 including any future modifications
to those regulations. All terms and conditions of this Approval are severable. If any provision of
this Approval is determined to be invalid, US Ecology and the State of Nevada shall be subject to
all remaining conditions as appropriate based on the applicability of those conditions. With
respect to the specific Approval conditions, US Ecology is solely responsible for implementing
the operational requirements. US Ecology and the State of Nevada are jointly responsible for
implementing the closure and post-closure requirements of this Approval.
This Approval is issued consistent with the written renewal application titled "Toxic Substances
Control Act (TSCA) Permit Renewal Application, US Ecology Nevada, January 8, 2010" as
revised on September 24, 2010, February 9, 2011, May 17, 2011 and December 15, 2011
(collectively the "Renewal Application"). Inaccuracies found in the written information
provided by US Ecology as part of its Renewal Application may be grounds for the termination
or modification of this Approval.
1 The EPA Administrator delegated authority to issue Approvals under TSCA to the Regional
Administrator of Region 9 by EPA Delegation Order 12-5 issued January 9, 2008. The Regional
Administrator further delegated authority to issue Approval to the Director of the Waste
Management Division by EPA Regional Order 1260.02D issued February 11, 2008.
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US Ecology is currently operating under an Approval to manage PCB wastes issued by U.S.
EPA in 1996. On July 1, 2000, US Ecology submitted an application to renew the 1996
Approval prior to its expiration on January 11, 2001. The submittal of the renewal application
administratively extended the terms of the 1996 Approval. At U.S. EPA's request, US Ecology
submitted a revised renewal application dated March 3, 2009. The July 1, 2000 and March 3,
2009 applications were superseded by the January 8, 2010 Renewal Application. US Ecology
shall continue to operate under the 1996 Approval until U.S. EPA makes a final decision on the
Renewal Application.
This Approval authorizes, subject to its conditions, US Ecology to store, treat for disposal, and
dispose of PCB wastes at the Facility as follows:
Waste Management Unit
Name
Type and
Number of Units
Authorized
Activity
Maximum
Total Capacity
Location in
Approval
PCB Storage and Processing
Building
1 Building
Storage
59,400 gallons
Section V
PCB Tank Farm
5 Tanks
Storage
28,000 gallons
Section V
PCB Tank Truck Loading Pad*
1 Pad
Waste Transfer
Not Applicable
Section V
Stabilization Tanks (aka
"Treatment Pans")
Treatment Pans
4 and 5
Treatment for
Disposal
137,000 gallons
per day
Section VI
Evaporation Tank
1 Tank
Treatment for
Disposal
10,000 gallons
Section VI
Trench 11
1 Landfill
Disposal
2.36 million cubic
yards
Section VII
Trench 12
1 Landfill
Disposal
1.66 million cubic
yards
Section VII
*The PCB Tank Truck Loac
ing Pad is an ancillary or support unit to the PCB Tank Farm. The
Pad, which will be constructed after issuance of the Approval, will provide containment for
tanker trucks that receive PCB liquids from the PCB Tank Farm.
This proposed Approval includes the following new Waste Management Units ("Units"):
Trench 12 landfill, Treatment Pans 4 and 5 (batch stabilization tanks), PCB Tank Truck Loading
Pad, and one evaporation tank.
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All of the Units authorized by this Approval for PCB waste management, with the exception of
the PCB Tank Truck Loading Pad, are also separately permitted by the State of Nevada to store,
treat and dispose of hazardous waste under the Resource Conservation and Recovery Act
("RCRA"). The Units being approved for storage and disposal of PCBs are shown in Figure 2,
Map of PCB Units Proposed for Approval.
U.S. EPA has determined, based on agency review of the Renewal Application, a Biological
Evaluation Report dated February 28, 2012, a Screening Level Ecological Risk Assessment,
dated February 28, 2012, a PCB Surface Soil Sampling Report, dated September 12, 2011 and
the results of the most recent inspection, that the operation of this PCB storage and disposal
(landfill) facility does not pose an unreasonable risk of injury to human health or the
environment. U.S. EPA's determination is documented in the Statement of Basis for this
Approval dated July 25, 2012. The most recent PCB inspection, which was conducted from
April 26, 2011 to April 28, 2011, showed that there were only minor TSCA violations regarding
labeling and dating containers that were corrected during the site visit. Other than that, the
Facility is in compliance with its current Approval and the TSCA PCB regulations at 40 C.F.R.
Part 761.
This Approval is effective immediately upon signature and shall remain in effect for 10 years
from the date of signature, unless modified, renewed, suspended or terminated in accordance
with 40 C.F.R. Part 761 or the Approval conditions herein. Any amendments to this Approval or
to the incorporated supporting plans are subject to the Approval modification requirements
contained in Subsection VIII. A of this Approval. If US Ecology wishes to continue an activity
allowed by this Approval after the expiration date, US Ecology shall submit a complete
application for renewal to U.S. EPA at least 180 days, but not more than 270 days, prior to the
expiration date (see Subsection VIII.D). U.S. EPA may require the submission of additional
information in connection with any renewal application. If US Ecology does not intend to seek a
renewal of this Approval after the expiration date, US Ecology shall submit to U.S. EPA at least
180 days, but not more than 270 days, prior to the expiration date, a revised Closure Plan to
initiate the closure process for the Facility (see Subsection VIII.E).
This Approval does not relieve US Ecology from compliance with all applicable federal, state
and local regulatory requirements.
Jeff Scott
Director
Waste Management Division
Date
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This Page Intentionally Left Blank
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CONTENTS
Signature Page i
I. Introduction 1
II. Facility Description 1
III. Scope and Limitations of Approval 2
IV. General Approval Conditions 2
A. Approval Compliance 2
B. General Requirements 3
C. Waste Characterization 5
D. Personnel Training 5
E. Health and Safety Requirements 6
F. Emergency Preparedness and Spill Cleanup 6
G. Entry and Agency Inspection 11
H. General Inspection Requirements 11
I. Security 12
J. Closure Cost Estimate 12
K. Post-Closure Cost Estimate 14
L. Financial Assurance for Closure and Post-Closure 15
M. Liability Insurance 16
N. Recordkeeping and Reporting 16
V. Conditions for Storage, Draining and Flushing of PCBs 19
A. Unit Descriptions 19
B. Operational and Regulatory Requirements for Storage 20
C. Approved PCB Storage Units and Maximum Storage Capacities 20
D. Design Requirements for Storage Areas 21
E. PCB Storage in Containers 22
F. Draining and Flushing of PCBs 23
G. PCB Storage in Tanks 24
H. PCB Storage Container Requirements 25
I. PCB Storage Marking and Labeling 25
J. Sampling of PCB Storage and Processing Building 25
K. Inspection Requirements for PCB Storage Units 26
L. Closure of Storage Units 27
M. Upgraded Secondary Containment System for PCB Tank Farm and New
PCB Tank Truck Loading Pad 28
N. Construction Schedule for New Secondary Containment System for PCB
Tank Farm and PCB Tank Truck Loading Pad 29
VI. Conditions for Treating PCBs 30
A. Unit Descriptions 30
B. Authorized PCB Treatment 30
C. Approved PCB Treatment Areas and Maximum Treatment Capacities 31
D. Operational and Regulatory Requirements for Treatment 32
E. Inspection Requirements for PCB Treatment Units 32
F. Closure of Treatment Units 33
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VII. Conditions for Landfill Disposal of PCBs 34
A. Unit Descriptions 34
B. Approved Landfill Units and Maximum Disposal Capacities 34
C. PCB Wastes Authorized for Disposal 35
D. Disposal Prohibitions 38
E. Landfill Operations and Management of Wastes 38
F. Groundwater Monitoring 40
G. Leachate Management, Monitoring, Sampling and Disposal 42
H. Inspection Requirements for Landfill Units 46
I. Closure of Landfill Units 47
J. Post-Closure Care for Landfill Units 49
VIII. Procedures to Modify, Transfer, Revoke, Suspend, Deny, Continue or Renew
Approval 50
A. Modifications 50
B. Transfer of Ownership 58
C. Revoke, Suspend or Deny Renewal 59
D. Continuation 59
E. Renewal or Closure 60
IX. Definitions 60
Tables
Table 1 - PCB Storage Units and Maximum Capacities 20
Table 2 - Construction Schedule 29
Table 3 - PCB Treatment Units and Maximum Capacities 31
Table 4 - PCB Monitoring Wells 41
Table 5 - Groundwater Reporting Schedule 42
Figures
Figure 1 - Site Location Map
Figure 2 - Map of PCB Units Proposed for Approval
Figure 3 - Groundwater Monitoring Wells
Appendices
Appendix A, Approval Modification Classifications
Appendix B, Plans Incorporated by Reference into Approval
Appendix B-l, Facility Operations Plan
Appendix B-2, Waste Analysis Plan
Appendix B-3, Personnel Training Program
Appendix B-4, RCRA Contingency Plan
Appendix B-5, PCB Processing Facility Spill Prevention Control and Countermeasures Plan
Appendix B-6, Facility Inspection Plan
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Appendix B-7, Closure Plan
Appendix B-8, Post-Closure Care Plan
Appendix B-9, Recordkeeping and Reporting Plan
Appendix B-10, Landfill Report for Trench 12 Supplement
Appendix B-l 1, Environmental Monitoring Plan
Appendix B-12, Sampling and Analysis Plan
Appendix B-13, Response Action Plan, Leak Detection System, Trench 11
Appendix B-14, Response Action Plan, Leak Detection System, Trench 12
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US Ecology Nevada, Inc.
Proposed TSCA Approval
July 25, 2012
Modification 0
I. Introduction
US Ecology is currently operating under an Approval issued by U.S. EPA in 1996 to
store and dispose of PCB wastes at its Beatty, Nevada Facility. On July 1, 2000, US
Ecology submitted an application to renew and modify its 1996 Approval. At U.S.
EPA's request, US Ecology submitted a revised renewal application dated March 3,
2009. The July 1, 2000 and March 3, 2009 applications were superseded by an
application titled "Toxic Substances Control Act (TSCA) Permit Renewal Application,
US Ecology Nevada, January 8, 2010," which was later revised on September 24, 2010,
February 9, 2011, May 17, 2011 and December 15, 2011. U.S. EPA has evaluated the
Renewal Application and is proposing to issue this TSCA Approval to US Ecology. US
Ecology will continue to operate under the 1996 TSCA Approval until U.S. EPA makes a
final decision on the Renewal Application.
II. Facility Description
The US Ecology Facility is located in the Amargosa Desert on an 80 acre site near
Highway 95 about 100 miles northwest of Las Vegas, Nevada. The closest city is Beatty,
Nevada, which is located approximately 11 miles northwest of the Facility (see Figure 1,
Site Location Map). The Facility treats, stores and disposes of hazardous waste, PCBs,
and non-hazardous industrial material. The site is owned by the State of Nevada and
operated by US Ecology. The State of Nevada leases a 400-acre buffer zone surrounding
the Facility from the U.S. Bureau of Land Management.
The Facility was established in 1962 by the Nuclear Engineering Company for disposal
of low-level radioactive wastes ("LLRW"). In 1970, Nuclear Engineering Company
obtained permission from the State of Nevada to dispose of hazardous chemical wastes
on a portion of the property adjacent to the authorized LLRW disposal area, but separated
by a 200 foot buffer zone. The chemical disposal facility has been in operation since
1970. The disposal of LLRW was discontinued in December 1992.
The Facility is currently operating under a RCRA permit issued by the Nevada Division
of Environmental Protection ("NDEP") to manage hazardous waste ("State RCRA
Permit") and a separate TSCA Approval from the U.S. EPA to store and dispose of PCB
waste that was issued in 1996 and expired in 2001. U.S. EPA previously issued TSCA
Approvals to US Ecology in 1978, 1982, 1987, 1989 and 1996 to operate a PCB storage
and disposal facility.
The Facility consists of nine pre-RCRA chemical waste trenches (closed), one LLRW
landfill (closed), and the following three hazardous waste landfills: Trench 10 (closed),
Trench 11 (operating) and Trench 12 (operating). Other operations at the US Ecology
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US Ecology Nevada, Inc.
Proposed TSCA Approval
July 25, 2012
Modification 0
Facility include: batch stabilization and solidification, PCB storage in tanks, and storage
of hazardous waste and PCBs.
III. Scope and Limitations of Approval
1. This Approval designates US Ecology as the Operator of the Facility and the State of
Nevada as the Owner and contains specific provisions that apply to one or both of
these parties as set forth in this Approval. Before any change of Owner or Operator
occurs, US Ecology shall follow the applicable modification procedures in Section
VIII of this Approval.
2. This Approval covers the storage, treatment for disposal, and disposal of PCB wastes
at the following Units: PCB Storage and Processing Building, PCB Tank Farm, PCB
Tank Truck Loading Pad (to be constructed), Stabilization Tanks 4 and 5 ("Treatment
Pans"), Evaporation Tank, Trench 11 landfill and Trench 12 landfill.
3. The Container Management Building (CMU #16) is a RCRA-permitted storage unit
that can be used as a temporary staging area for loading or unloading PCB wastes.
PCB wastes may not be kept at the Container Management Building for greater than
24 hours. PCB areas at the Container Management Building shall be clearly marked
and the date of arrival at the Facility indicated on the waste materials. The PCB Tank
Truck Loading Pad shall only be used by tanker trucks when they are loading PCB
waste liquids from the PCB Tank Farm.
4. Compliance with these Approval conditions does not establish a defense to any claim
that the Facility presents a risk to human health and the environment, including such a
claim under the federal PCB regulations at 40 C.F.R. Part 761.
IV. General Approval Conditions
A. Approval Compliance
1. US Ecology shall comply with and operate the Facility in accordance with the
conditions stated herein, plans incorporated into this Approval, and the federal
PCB regulations at 40 C.F.R. Part 761, including any future modifications to
those regulations.
2. Any plan referenced in this Approval is fully incorporated by reference into the
Approval and therefore is fully enforceable under the Approval.
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US Ecology Nevada, Inc.
Proposed TSCA Approval
July 25, 2012
Modification 0
3. At least 30 days prior to making a change to a referenced plan, US Ecology shall
notify U.S. EPA in writing and initiate an Approval modification consistent with
Subsection VIII. A, Modifications, to incorporate into this Approval the most
current version of the referenced plan.
4. US Ecology must receive prior written authorization from U.S. EPA for any
departure from the conditions stated herein (for purposes of this Approval,
authorization from U.S. EPA shall mean Manager, RCRA Facilities Management
Office, Waste Management Division, U.S. Environmental Protection Agency,
Region 9, or successor organizational units within U.S. EPA Region 9). Any
unauthorized departure from the conditions of this Approval are a violation of the
terms of the Approval and may subject US Ecology to an enforcement action
under TSCA.
5. US Ecology shall notify U.S. EPA in writing and obtain prior written approval
before instituting changes that may be required by any condition in the final
RCRA permit which may affect storage, treatment for disposal, and disposal of
PCBs.
6. This Approval is binding upon US Ecology as Operator of the Facility, and the
State of Nevada as the Owner of the Facility for closure and post-closure
requirements only.
7. Any action of a US Ecology employee, agent or contractor who is involved in the
operation of the Facility will be considered an action of US Ecology for purposes
of compliance with this Approval.
8. Failure to comply with any condition of this Approval is a prohibited act under
TSCA Section 15(1), 15 U.S.C. § 2614(1).
B. General Requirements
1. This Approval supersedes all previous Approvals issued by U.S. EPA that
regulate PCBs at the US Ecology Facility.
2. Notwithstanding the terms of this Approval, US Ecology shall comply with all
applicable Federal, State, and local laws and regulations including, but not
limited to RCRA as amended (42 U.S.C. 6901 et_seq.), and the Occupational
Safety and Health Act ("OSHA").
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US Ecology Nevada, Inc.
Proposed TSCA Approval
July 25, 2012
Modification 0
3. A Responsible Official for US Ecology shall certify any written information
submitted to U.S. EPA required under this Approval by using the certification
statement found at 40 C.F.R. § 761.3. Unless otherwise required by TSCA, all
submissions (including correspondence, reports, records and notifications)
required under this Approval shall be sent in writing to the following address:
Manager, RCRA Facilities Management Office (Attn: WST-4)
Waste Management Division
U.S. Environmental Protection Agency - Region 9
75 Hawthorne Street
San Francisco, CA 94105
4. All terms and/or conditions of this Approval are severable. If any provision of
this Approval is determined to be invalid, US Ecology and the State of Nevada
shall be subject to all remaining conditions as appropriate based on the
applicability of those conditions.
5. US Ecology shall comply with all relevant TSCA requirements, whether or not
they are included in this Approval.
6. US Ecology shall provide upon request any information that the U.S. EPA deems
necessary to determine whether cause exists for modification, suspension,
revocation, or termination of this Approval. Failure to provide the above
mentioned information within 5 working days of the request, or such reasonable
time not to exceed 30 days as agreed to by both parties, shall be deemed a
violation of this Approval unless U.S. EPA determines that additional time is
warranted.
7. US Ecology shall not avoid any otherwise applicable provision of this Approval
or TSCA by diluting PCBs, unless specifically allowed by the TSCA regulations
[40 C.F.R. § 761.1(b)(5)],
8. US Ecology shall, at all times, maintain a closure plan for all PCB treatment,
storage for disposal, and disposal units that identifies the steps necessary to close
each unit in a manner that eliminates the potential for post-closure release of
PCBs that may present an unreasonable risk to human health and the
environment. The closure plan shall, at a minimum, meet the requirements of 40
C.F.R. § 761.65(e)(l)(i)-(vii) for each PCB unit contained in the closure plan [40
C.F.R. § 761.65(e), (40 C.F.R. § 761.65(d)(4)(iv), 40 C.F.R. § 761.75(c)(3)(ii)].
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US Ecology Nevada, Inc.
Proposed TSCA Approval
July 25, 2012
Modification 0
9. US Ecology shall, at all times, maintain a post-closure care plan for all PCB
treatment, storage for disposal and disposal units that identifies the steps
necessary to eliminate the potential for releases of PCBs which may present an
unreasonable risk to human health and the environment during the post-closure
care period [40 C.F.R. § 761.65(d)(4)(iv), 40 C.F.R. § 761.75(c)(3)(ii)].
C. Waste Characterization
1. US Ecology shall implement the waste acceptance procedures specified in (1)
Section 3.2, Waste Characterization, and Section 3.3, Waste Inspection and
Verification, of the Facility Operations Plan, dated February 2011 (Revision 3),
and (2) the Waste Analysis Plan, US Ecology Nevada, October 2009. The
Facility Operations Plan is contained in Appendix B-l of this Approval and the
Waste Analysis Plan is contained in Appendix B-2 of this Approval [40 C.F.R. §
761.65(d)(4)(iv), 40 C.F.R. § 761.75(c)(3)(ii)].
2. The Facility shall not accept radioactive PCB waste, unless authorized through a
modification to this Approval [40 C.F.R. § 761.65(d)(4)(iv)].
D. Personnel Training
1. US Ecology shall conduct employee training at the Facility in accordance with
the procedures contained in (1) Section 8.0, Personnel Training Program, of the
Facility Operations Plan, dated February 2011 (Revision 3), and (2) the
Personnel Training Program, US Ecology Nevada, October 2009. The Facility
Operations Plan is contained in Appendix B-l of this Approval and the Personnel
Training Program is contained in Appendix B-3 of this Approval [40 C.F.R. §
761.65(d)(4)(iv), 40 C.F.R. § 761.75(c)(3)(ii)].
2. In accordance with Section 8.4, Continuous Training Program, of the Facility
Operations Plan, dated February 2011 (Revision 3), all US Ecology employees
must complete an 8-hour OSHA/HAZWOPER refresher class on an annual basis.
A signature sheet must be included as a part of each employee's training record to
verify participation in the training program [40 C.F.R. § 761.65(d)(4)(iv), 40
C.F.R. § 761.75(c)(3)(ii)].
3. In accordance with Section 8.2, Training Program Description, of the Facility
Operations Plan, dated February 2011 (Revision 3), only workers who have
completed their initial 24-hour training per 29 C.F.R. § 1910(e)(3)(iii) may have
unsupervised access to areas of the Facility where hazardous waste operations are
being performed.
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US Ecology Nevada, Inc.
Proposed TSCA Approval
July 25, 2012
Modification 0
E. Health and Safety Requirements
1. US Ecology shall at all times follow the most current version of the Facility
Health and Safety Plan [40 C.F.R. § 761.65(d)(4)(iv), 40 C.F.R. §
761.75 (c)(3 )(ii)].
2. US Ecology shall conduct all PCB related work at the Facility in accordance with
the regulations and guidelines contained in [40 C.F.R. § 761.65(d)(4)(iv), 40
C.F.R. § 761.75(c)(3)(ii)]:
a. OSHA Title 29 C.F.R. § 1910 "Safety and Health Regulations for General
Industry";
b. OSHA Title 29 C.F.R. § 1926 "Safety and Health Regulations for
Construction"; and
c. OSHA Title 29 C.F.R. § 1926.65 "Hazardous Waste Operations and
Emergency Response".
3. US Ecology shall ensure that personnel handling PCB waste use appropriate
Personal Protective Equipment [40 C.F.R. § 761.60(b)(8), 40 C.F.R. §
761.79(e)(2)],
F. Emergency Preparedness and Spill Cleanup
1. US Ecology shall clean up and adequately address any and all spills of PCBs at
the Facility in accordance with Subpart G - PCB Spill Cleanup Policy of 40
C.F.R. Part 761, 40 C.F.R. § 761.61 and 40 C.F.R. § 761.79.
2. US Ecology shall conduct emergency response and spill prevention and cleanup
activities at the Facility in accordance with the procedures contained in (1) the
RCRA Contingency Plan, US Ecology - Beatty Nevada, dated August 6, 2008,
and (2) the PCB Processing Facility Spill Prevention Control and
Countermeasures Plan, US Ecology Nevada, Inc., Beatty Nevada, April 2010.
The RCRA Contingency is contained in Appendix B-4 of this Approval and the
PCB Processing Facility Spill Prevention Control and Countermeasures Plan is
contained in Appendix B-5 of this Approval [40 C.F.R. § 761.65(c)(7)(ii), 40
C.F.R. § 761.65(d)(4)(iv), 40 C.F.R. § 761.75(c)(3)(ii)].
3. US Ecology shall orally report to U.S. EPA any incident involving PCBs that
requires implementation of the RCRA Contingency Plan and/or the PCB
Processing Facility Spill Prevention and Control and Countermeasures Plan.
Oral notification shall be made to:
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July 25, 2012
Modification 0
Manager, RCRA Facilities Management Office (WST-4)
Waste Management Division
U.S. Environmental Protection Agency - Region 9
(415) 972-3336
The oral notification shall occur as soon as possible after US Ecology becomes
aware of the incident, but no later than 24 hours after the incident [40 C.F.R. §
761.65(d)(4)(iv), 40 C.F.R. § 761.75(c)(3)(ii)].
4. US Ecology shall submit a written report to U.S. EPA that provides details on
any incident involving PCBs that requires implementation of the RCRA
Contingency Plan and/or the PCB Processing Facility Spill Prevention and
Control and Countermeasures Plan The written report shall be submitted to:
Manager, RCRA Facilities Management Office (WST-4)
Waste Management Division
U.S. Environmental Protection Agency - Region 9
75 Hawthorne Street
San Francisco, CA 94105
The written report shall be submitted to U.S. EPA within 15 days of the incident
and include, at a minimum, the following information [40 C.F.R.
761.65(d)(4)(iv), 40 C.F.R. § 761.75(c)(3)(ii)]:
a. Date, time, and type of incident (e.g., fire, explosion, chemical release);
b. Name and quantity of material(s) involved;
c. The extent of injuries, if any;
d. Response actions taken;
e. An assessment of actual or potential hazards to human health or the
environment, where this is applicable; and
f. Estimated quantity and disposition of recovered material that resulted from the
incident.
5. US Ecology must certify in writing to U.S. EPA that the Facility is in compliance
with the following requirements before operations are resumed in the areas
affected by any incident involving PCBs that requires implementation of the
RCRA Contingency Plan and/or the PCB Processing Facility Spill Prevention
and Control and Countermeasures Plan [40 C.F.R. § 761.65(d)(4)(iv), 40 C.F.R.
§ 761.75 (c)(3 )(ii)]:
US Ecology Nevada, Inc.
Proposed TSCA Approval
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US Ecology Nevada, Inc.
Proposed TSCA Approval
July 25, 2012
Modification 0
a. All emergency equipment listed in the RCRA Contingency Plan and/or the
PCB Processing Facility Spill Prevention and Control and Countermeasures
Plan is cleaned and fit for usage after the incident is addressed. In this case,
US Ecology may substitute equivalent emergency equipment in the affected
area while repairing, replacing or recharging used emergency response
equipment; and
b. Corrective measures have been implemented to prevent reoccurrence of the
incident.
6. In the event that US Ecology believes, or has reason to believe, that quantities of
PCBs equal to or greater than one pound have been released into the environment
as a result of Facility operations, US Ecology shall immediately notify the
National Emergency Response Center by telephone at (800) 424-8802 within 24
hours after discovery. A full investigation into the cause of the incident and a
detailed report shall be included in the daily operation records. A copy of this
report describing the incident shall be submitted to U.S. EPA within 15 days after
the incident [40 C.F.R. § 302, 40 C.F.R. § 761.65(d)(4)(iv), 40 C.F.R. §
761.75 (c)(3 )(ii)].
7. In the event that US Ecology believes, or has reason to believe, that quantities of
PCBs equal to or greater than 10 pounds have been released into the environment
as a result of Facility operations, US Ecology shall immediately notify U.S. EPA.
Oral notification shall be made to:
Manager, RCRA Facilities Management Office (WST-4)
Waste Management Division
U.S. Environmental Protection Agency - Region 9
(415) 972-3336
The oral notification shall occur as soon as possible after US Ecology becomes
aware of the incident, but no later than 24 hours after the incident. A full
investigation into the cause of the incident and a detailed report shall be included
in the daily operation records. A copy of this report describing the incident shall
be submitted to U.S. EPA within 15 days after the incident [40 C.F.R. § 761.125
(a)(l)(iii), 40 C.F.R. § 761.75(c)(3)(ii)].
8. US Ecology shall, in order to ensure current accuracy, annually update the
information regarding PCB operations at the Facility which includes stored
materials, contingency plans, and emergency procedures provided to local police
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US Ecology Nevada, Inc.
Proposed TSCA Approval
July 25, 2012
Modification 0
departments, hospitals, and state and local emergency response teams that may
be called upon to provide emergency service [40 C.F.R. § 761.65(d)(4)(iv), 40
C.F.R. § 761.75(c)(3)(ii)].
9. US Ecology shall maintain a copy of the RCRA Contingency Plan, PCB
Processing Facility Spill Prevention Control and Countermeasures Plan and any
revisions to these plans at the Facility. A copy of this Approval shall also be
maintained at the Facility [40 C.F.R. § 761.65(d)(4)(iv), 40 C.F.R. §
761.75 (c)(3 )(ii)].
10. Lists of emergency contacts, telephone numbers, and designated emergency exit
routes shall be posted in prominent locations throughout the Facility [40 C.F.R. §
761.65(d)(4)(iv), 40 C.F.R. § 761.75(c)(3)(ii)].
11. The Facility shall, at a minimum, be equipped with the following [40 C.F.R. §
761.65(d)(4)(iv), 40 C.F.R. § 761.75(c)(3)(ii)]:
a. An internal communications or alarms system capable of providing immediate
emergency instruction (voice or signal) to Facility personnel;
b. Devices, such as a telephone, cellular phone or hand-held two-way radio, shall
be immediately available at the scene of operations and be capable of
summoning emergency assistance from local police departments, fire
departments, or State or local emergency response teams;
c. Portable fire extinguishers, fire control equipment, spill control equipment,
and decontamination equipment; and
d. Water at adequate volume and pressure to supply fire hose streams or foam
equipment. The volume and pressure shall be sufficient to suppress a fire
containing burning PCBs.
12. US Ecology shall, at a minimum, annually test and maintain the equipment
specified in Condition IV.F.l 1, as recommended by the manufacturer to assure
its proper operation in time of emergency. In the event that any of the equipment
specified above was manufactured by US Ecology, US Ecology shall establish
and follow a testing and maintenance plan for those manufactured items [40
C.F.R. § 761.65(d)(4)(iv), 40 C.F.R. § 761.75(c)(3)(ii)].
13. Whenever PCBs are being poured, mixed, or otherwise handled, US Ecology
shall ensure that all personnel involved in the operation will have immediate
access to an internal alarm or emergency communication device, either directly
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or through visual or voice contact with another employee [40 C.F.R. §
761.65(d)(4)(iv), 40 C.F.R. § 761.75(c)(3)(ii)].
14. At all times, there shall be at least one employee either at the Facility or on call
who has [40 C.F.R. § 761.65(d)(4)(iv), 40 C.F.R. § 761.75(c)(3)(ii)]:
a. The responsibility for coordinating all emergency response measures, and
b. The authority to commit the resources needed to carry out the RCRA
Contingency Plan.
This employee shall have immediate access to the entire Facility and to a
communication device such as a telephone, cellular phone, or hand-held two-way
radio immediately available at the scene of operation capable of summoning
external emergency assistance.
15. US Ecology shall provide U.S. EPA with a written report if unauthorized entry at
the Facility occurred which caused PCBs to be discharged. The report shall
specify, at a minimum, the date of the occurrence, a description of what
happened, the nature of the problem, if any, that resulted from this occurrence,
and the corrective action taken by US Ecology. This includes any tampering,
destruction, or loss at the Facility which caused release of PCBs. US Ecology
shall submit the report to U.S. EPA within 5 days of the occurrence [40 C.F.R. §
761.65(d)(4)(iv), 40 C.F.R. § 761.75(c)(3)(ii)].
16. US Ecology shall review and immediately amend, if necessary, the RCRA
Contingency Plan and/or the PCB Processing Facility Spill Prevention Control
and Countermeasures Plan, whenever [40 C.F.R. § 761.65(d)(4)(iv), 40 C.F.R. §
761.75 (c)(3 )(ii)]:
a. The Plan fails in an emergency;
b. Changes in the Facility's design, construction, operation, maintenance, or
other circumstances that materially increase the potential for fires, explosions,
or releases of PCBs or hazardous constituents, or other response necessary in
an emergency;
c. The list of emergency coordinators changes;
d. The list of emergency equipment changes;
e. When information available to US Ecology otherwise indicates that a major
revision is warranted; or
f. When U.S. EPA determines that a revision of a Plan is necessary.
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17. If at any time U.S. EPA determines that PCB operations at the Facility authorized
by this Approval are creating a situation of imminent hazard, U.S. EPA will
notify US Ecology as to the steps required to mitigate and/or prevent the hazard.
Such steps must be taken by the date provided in such notice [40 C.F.R. §
761.65(d)(4)(iv), 40 C.F.R. § 761.75(c)(3)(ii)].
G. Entry and Agency Inspection
1. U.S. EPA officials and designated representatives of U.S. EPA, upon
presentation of credentials, shall be permitted access to any area of the Facility at
all reasonable times during regular business hours to (1) determine compliance
with applicable statutes, regulations, and the conditions of this Approval, (2) for
the purpose of inspection, sampling, or monitoring and (3) for any other purpose
allowed by law [40 C.F.R. § 761.65(d)(4)(iv), 40 C.F.R. § 761.75(c)(3)(ii)].
2. US Ecology, upon request by U.S. EPA, shall provide copies of any record
maintained by the Facility pursuant to this Approval within 7 days of such
request [40 C.F.R. § 761.65(d)(4)(iv), 40 C.F.R. § 761.75(c)(3)(ii)].
3. Any refusal by US Ecology to allow access to the Facility during such regular
business hours, or refusal to provide requested copies of records, shall be deemed
a violation of this Approval [40 C.F.R. § 761.65(d)(4)(iv), 40 C.F.R. §
761.75 (c)(3 )(ii)].
H. General Inspection Requirements
1. US Ecology shall inspect all Facility communications and alarm systems, fire
protection equipment, spill control equipment, decontamination equipment and
groundwater monitoring wells following the procedures and schedule contained
in the Facility Inspection Plan, US Ecology Nevada, dated March 2010 (Revised
May 2011). The Inspection Plan is contained in Appendix B-6 of this Approval.
All emergency equipment shall be inspected at least once per month to assure its
proper operation. All emergency equipment inspection and maintenance records
must be maintained at the Facility for at least three years and made available to
U.S. EPA upon request [40 C.F.R. § 761.65(d)(4)(iv), 40 C.F.R. § 761.75(c)
(3)(ii)]-
2. US Ecology shall maintain and, on a weekly basis, inspect the perimeter fence
and gravel berm at its base to identify any damage that may allow burrowing
animals such as the desert tortoise to gain access to the Facility. The inspections
and any follow-up maintenance and repairs shall be documented in the Facility
records [40 C.F.R. § 761.65(d)(4)(iv), 40 C.F.R. § 761.75(c)(3)(ii)].
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3. US Ecology shall evaluate and address all deficiencies identified during the
inspections in accordance with (1) Section 7.0, Facility Inspection, of the Facility
Operations Plan, dated February 2011 (Revision 3), and (2) the Facility
Inspection Plan, US Ecology Nevada, dated March 2010 (Revised May 2011).
The Facility Operations Plan is contained in Appendix B-l of this Approval and
the Facility Inspection Plan is contained in Appendix B-6 of this Approval [40
C.F.R. § 761.65(d)(4)(iv), 40 C.F.R. § 761.75(c)(3)(ii)].
4. US Ecology shall document all inspections using the inspection report forms
contained in the Facility Inspection Plan, US Ecology Nevada, dated March 2010
(Revised May 2011). The Facility Inspection Plan is contained in Appendix B-6
of this Approval. US Ecology shall also document actions taken to address any
deficiencies identified during the inspections [40 C.F.R. § 761.65(d)(4)(iv), 40
C.F.R. § 761.75(c)(3)(ii)].
I. Security
1. US Ecology shall operate and maintain the security systems at the Facility in
accordance with Section 2.0, Facility Security, of the Facility Operations Plan,
dated February 2011 (Revision 3). The Facility Operations Plan is contained in
Appendix B-l of this Approval [40 C.F.R. § 761.65(d)(4)(iv), 40 C.F.R. §
761.75 (c)(3 )(ii)].
J. Closure Cost Estimate
1. US Ecology shall maintain a detailed estimate, in current dollars, of the cost of
closure for each PCB Unit that is operated at the Facility in accordance with the
Closure Plan, US Ecology Nevada, September 2010 ("Closure Plan"). The
Closure Plan is contained in Appendix B-7 of this Approval. US Ecology, as
required in their State RCRA Permit, currently maintains a closure cost estimate
for the entire Facility. The PCB Units include: Trench 11 Landfill, Trench 12
Landfill, PCB Storage and Processing Building, PCB Tank Farm, PCB Tank
Truck Loading Pad, Treatment Pans 4 and 5, and the Evaporation Tank.
Treatment Pans 1 through 3, which are not part of this Approval, shall also be
included in the closure cost estimate because these units have come into contact
with PCBs in the past. The closure cost estimates shall be in writing, be certified
by the person preparing it (using the certification defined in 40 C.F.R § 761.3)
and comply with the following criteria [40 C.F.R.§ 761.65(f)(1), 40 C.F.R. §
761.65(d)(4)(iv), 40 C.F.R. § 761.75(c)(3)(ii)]:
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a. The closure cost estimate shall equal the cost of final closure at the point in
the PCB Unit's active life when the extent and manner of PCB operations
would make closure the most expensive, as indicated by the closure plan;
b. The closure cost estimate shall be based on the costs to US Ecology of hiring
a third party to close the Facility, and the third party shall not be either a
corporate parent or subsidiary of the Owner or Operator, or member in joint
ownership of the Facility;
c. US Ecology shall include in the estimate the current market costs for off-site
commercial disposal of the Facility's maximum estimated inventory of PCB
wastes, except that on-site disposal costs may be used if on-site disposal
capacity will exist at the Facility at all times over the life of the PCB storage
facility; and
d. The closure cost estimate may not incorporate any salvage value that may be
realized with the sale of wastes, Facility structures or equipment, land, or
other assets associated with the Facility at the time of closure.
2. During the active life of each PCB Unit, US Ecology shall annually adjust the
closure cost estimate for inflation within 60 days prior to October 15 of each
year. The adjustment may be made by recalculating the maximum costs of
closure in current dollars, or by using an inflation factor derived from the most
recent Implicit Price Deflator for Gross National Product published by the U.S.
Department of Commerce in its Survey of Current Business. The Implicit Price
Deflator for Gross National Product is included in a monthly publication titled
Economic Indicators, which is available from the Superintendent of Documents,
Government Printing Office, Washington, DC 20402. The inflation factor used in
the latter method is the result of dividing the latest published annual Deflator by
the Deflator for the previous year. The adjustment to the closure cost estimate is
then made by multiplying the most recent closure cost estimate by the latest
inflation factor [40 C.F.R. § 761.65(f)(2), 40 C.F.R. § 761.75(c)(3)(ii)].
3. Within 30 days of adjusting the closure cost estimate, US Ecology shall initiate
an Approval modification consistent with Subsection VIII. A, Modifications, to
incorporate the new estimate into the Closure Plan [40 C.F.R. § 761.65(f)(3), 40
C.F.R. § 761.75(c)(3)(ii)].
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4. US Ecology shall revise the closure cost estimate whenever U.S. EPA approves a
modification to the Closure Plan which increases the cost of closure. US
Ecology shall revise the closure cost estimate and submit it to U.S. EPA no later
than 30 days after the modification is approved. The revised cost estimate shall
be adjusted for inflation at that time [40 C.F.R. § 761.65(f)(3), 40 C.F.R. §
761.75 (c)(3 )(ii)].
5. US Ecology shall keep at the Facility during its operating life the most recent
closure cost estimate, including any adjustments resulting from inflation or from
modifications to the Closure Plan [40 C.F.R. § 761.65(f)(4), 40 C.F.R. § 761.75
(c)(3)(ii)].
K. Post-Closure Cost Estimate
1. US Ecology shall maintain a detailed estimate, in current dollars, of the cost of
post-closure care for the Trench 11 and Trench 12 landfills in accordance with
the Post-Closure Care Plan, US Ecology Nevada, September 2010 ("Post-Closure
Care Plan"). The Post-Closure Care Plan is contained in Appendix B-8 of this
Approval. US Ecology, as required in their State RCRA Permit, maintains a
post-closure care cost estimate for the landfill units at the Facility. Post-closure
begins after final closure is certified complete for Trench 11 and Trench 12 and
continues for 30 years after the date of closure for Trench 12. The post-closure
cost estimate shall be in writing, be certified by the person preparing it (using the
certification defined in 40 C.F.R § 761.3) and comply with the following criteria
[40 C.F.R. § 761.65(d)(4)(iv), 40 C.F.R. § 761.75 (c)(3)(ii)]:
a. The post-closure cost estimate shall be based on the costs to US Ecology of
hiring a third party to conduct post-closure care activities, and the third party
shall not be either a corporate parent or subsidiary of the owner or operator, or
member in joint ownership of the Facility.
2. US Ecology shall annually adjust the post-closure cost estimate for inflation
within 60 days prior to October 15 of each year. The adjustment may be made
by recalculating the maximum costs of closure in current dollars, or by using an
inflation factor derived from the most recent Implicit Price Deflator for Gross
National Product published by the U.S. Department of Commerce in its Survey of
Current Business. The Implicit Price Deflator for Gross National Product is
included in a monthly publication titled Economic Indicators, which is available
from the Superintendent of Documents, Government Printing Office,
Washington, DC 20402. The inflation factor used in the latter method is the
result of dividing the latest published annual Deflator by the Deflator for the
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previous year. The adjustment to the post-closure cost estimate is then made by
multiplying the most recent post-closure cost estimate by the latest inflation
factor [40 C.F.R. § 761.65(d)(4)(iv), 40 C.F.R. § 761.75 (c)(3)(ii)].
3. Within 30 days of adjusting the post-closure cost estimate, US Ecology shall
initiate an Approval modification consistent with Subsection VIII. A,
Modifications, to incorporate the new estimate into the Post-Closure Care Plan
[40 C.F.R. § 761.65(f)(3), 40 C.F.R. § 761.75(c)(3)(ii)].
4. US Ecology shall revise the post-closure cost estimate whenever U.S. EPA
approves a modification to the Facility post-closure care plan which increases the
costs of post-closure. US Ecology shall revise the post-closure cost estimate and
submit it to U.S. EPA no later than 30 days after the modification is approved.
The revised cost estimate shall be adjusted for inflation at that time [40 C.F.R. §
761.65(d)(4)(iv), 40 C.F.R. § 761.75(c)(3)(ii)].
5. US Ecology shall keep at the Facility during its operating life the most recent
post-closure cost estimate, including any adjustments resulting from inflation or
from modifications to the Post-Closure Care Plan [40 C.F.R. § 761.65(d)(4)(iv),
40 C.F.R. § 761.75(c)(3)(ii)].
L. Financial Assurance for Closure and Post-Closure
1. US Ecology, as required in their State RCRA Permit, maintains financial
assurance for closure and post-closure care. The current financial assurance
mechanism is a closure, post-closure fund held by the State of Nevada. US
Ecology makes quarterly payments into the fund to assure that the amount held
exceeds the estimated costs for closure and post-closure care.
2. US Ecology shall maintain adequate financial assurance for the closure of each
PCB Unit that is operated at the Facility and for post-closure care of the Trench
11 and Trench 12 landfills. The PCB Units include: Trench 11 Landfill, Trench
12 Landfill, PCB Storage and Processing Building, PCB Tank Farm, PCB Tank
Truck Loading Pad, Treatment Pans 4 and 5 and the Evaporation Tank. US
Ecology shall also maintain financial assurance for Treatment Pans 1 through 3.
Treatment Plans 1 through 3, which are not part of this Approval, are included
because these units have come into contact with PCBs in the past. The level of
financial assurance funding shall always be greater than the total cost estimate
for closure and post-closure care of the units established pursuant to Subsections
IV.J and IV.K [40 C.F.R. § 761.65(g), 40 C.F.R. § 761.65(d)(4)(iv), 40 C.F.R. §
761.75 (c)(3 )(ii)].
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3. US Ecology shall annually submit written documentation to U.S. EPA of
continued financial assurance for the PCB Units at the Facility. The
documentation shall include, but not be limited to, the current closure and post-
closure cost estimates for the PCB Units and the level of funding contained in the
closure, post-closure fund held by the State of Nevada. The documentation shall
be submitted to U.S. EPA by January 15 of each year [40 C.F.R. §
761.65(d)(4)(iv), 40 C.F.R. § 761.75(c)(3)(ii)].
M. Liability Insurance
1. US Ecology, consistent with the liability insurance provisions in its State RCRA
Permit, shall maintain liability insurance coverage for sudden and accidental
occurrences in the amount of at least $1 million per occurrence, with an annual
aggregate of at least $2 million [40 C.F.R. § 761.65(d)(4)(iv), 40 C.F.R. §
761.75 (c)(3 )(ii)].
2. US Ecology shall notify U.S. EPA in writing at least 30 days prior to making any
changes to the liability insurance coverage. The notification shall describe the
nature of the changes and rationale for making them [40 C.F.R. §
761.65(d)(4)(iv), 40 C.F.R. § 761.75(c)(3)(ii)].
N. Recordkeeping and Reporting
1. US Ecology shall comply with all recordkeeping and reporting requirements
specified in the PCB regulations at 40 C.F.R. Part 761.
2. US Ecology shall conduct recordkeeping and reporting activities in accordance
with the US Ecology Recordkeeping and Reporting Plan, Revision 3, February
2011. The Recordkeeping and Reporting Plan is contained in Appendix B-9 of
this Approval [40 C.F.R. § 761.65(d)(4)(iv), 40 C.F.R. § 761.75(c)(3)(ii)].
3. US Ecology shall write in ink or type all records required to be created and
maintained by 40 C.F.R. Part 761 Subpart J (General Records and Reports),
Subpart K (PCB Waste Disposal Records and Reports) and this Approval. Any
modification or correction of the records must be initialed and dated by the
responsible official. If the recordkeeping is maintained by a computer system,
US Ecology shall make printouts available to U.S. EPA representatives upon
request [40 C.F.R. § 761.65(d)(4)(iv), 40 C.F.R. § 761.75(c)(3)(ii)].
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4. All PCB records, documents, monitoring data, sampling data and reports shall be
constantly maintained at the Facility while it is operational, and shall be made
available for inspection upon request to authorized U.S. EPA representatives.
When US Ecology ceases operations, all records, documents, monitoring data,
sampling data and reports or certified copies thereof, shall be maintained at the
Facility for at least twenty (20) years following cessation of operations [40
C.F.R. § 180(b), 40 C.F.R. § 180(d), 40 C.F.R. § 180(f)],
5. Waste Disposal Records and Reports
a. US Ecology shall comply with all provisions of 40 C.F.R. § 761.180 (Records
and Monitoring). On July 15 of each year, US Ecology shall submit to U.S.
EPA the annual report required by 40 C.F.R. § 761.180(b)(3) for the previous
calendar year and concurrently submit the annual report to the Information
Repository with a request that it replace any prior annual report(s) submitted
in accordance with this Condition. The annual report shall be sent to:
Manager, RCRA Facilities Management Office (Attn: WST-4)
Waste Management Division
U.S. Environmetal Protection Agency - Region 9
75 Hawthorne Street
San Francisco, CA 94104
b. US Ecology shall comply with the following provisions of 40 C.F.R. Part 761,
Subpart K:
(1) 761.207 - General requirements for manifests;
(2) 761.208 - Use of the manifest;
(3) 761.209 - Retention of manifest records;
(4) 761.210 - Manifest discrepancies. Requirement to submit manifest
discrepancy reports for significant discrepancies in physical state or
concentration of PCB waste that may be discovered by inspection or
waste analysis;
(5) 765.211 - Unmanifested waste report. Requirement to seek a manifest
or return waste for any unmanifested PCB waste and to notify U.S.
EPA to determine whether further actions are required before storage or
disposal of the unmanifested PCB waste;
(6) 761.215(c)-(e) - Requirement to submit one-year exception reports; and
(7) 761.218 - Requirement to issue Certificates of Disposal.
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c. US Ecology shall retain all records, documentation, and information relating
to the sampling, analysis, and data quality assurance as required by this
Approval for a minimum of twenty (20) years after closure or longer if
requested by U.S. EPA, and shall be made available to U.S. EPA upon
request. These records, documentation, and information shall include the
following [40 C.F.R. § 761.180(d), 40 C.F.R. § 761.65(d)(4)(iv), 40 C.F.R. §
761.75(c)(3 )(ii)]:
(1) Exact date, place, and time of each sample collected;
(2) Volume of each sample collected;
(3) Name of person collecting each sample;
(4) Name of laboratory and analyst;
(5) Date and time of analysis;
(6) The analytical techniques or methods used for each sample;
(7) The analytical results including chromatographs, calculations, and other
raw data;
(8) Calibration records, maintenance records of sampling equipment, and
analytical instrumentation; and
(9) Records of quality assurance activities.
d. At the completion of any cleanup required by the Approval, US Ecology shall
develop and maintain records of the cleanup including at a minimum [40
(1) Identification of the source of the contamination;
(2) Date and time contamination was discovered;
(3) Date and time cleanup was completed;
(4) A brief description of contaminated area;
(5) Pre-cleanup and post-cleanup sampling data used to define boundaries
of contamination and a brief description of the sampling methodology
used to establish contaminated boundaries;
(6) Amount of waste cleanup material generated; and
(7) A certification statement signed by US Ecology personnel stating that
the decontamination levels referenced in the appropriate Approval
condition have been achieved and that the information contained in the
record is true to the best of his/her knowledge.
e. US Ecology shall constantly maintain copies of the Certificates of Disposal
for all PCBs and PCB Items which are stored at the commercial storage
facility while it is operational. Certificates of Disposal shall be provided to
C.F.R. § 761.65(d)(4)(iv), 40 C.F.R. § 761.75(c)(3)(ii)]:
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the generator within thirty (30) days of receipt by US Ecology of
documentation of final disposal of all materials resulting from the commercial
storage of the generator's PCBs and PCB Items [40 C.F.R. § 761.218(b), 40
C.F.R. § 761.218(d)(2)],
f. US Ecology shall submit a written report to U.S. EPA by the 15th day of each
month that (1) includes a description of any unusual occurrences that are not
normal to the operation of the Facility as hereby authorized such as accidents,
spills, leaks, uncontrolled discharges, earthquake damage, excessive rain
episodes (e.g., rainfall in excess of 24 hr, 25 yr storm event) fire, etc., that
occurred during the previous month, and (2) beginning when 80 percent of the
maximum disposal capacity is reached for the Trench 12 landfill, the volume
of all wastes land disposed during the previous month. The written report
shall include the source of the wastes, the quantity disposed, and a description
of the wastes [40 C.F.R. § 761.75(c)(3)(ii)].
V. Conditions for Storage, Draining and Flushing of PCBs
A. Unit Descriptions
The PCB Storage and Processing Building ("PSPB") (referenced as the PCB/RCRA
Storage Building in the State RCRA Permit) is primarily used for storing PCBs and
for draining and flushing equipment that contain PCB liquids. The PSPB is a fully
enclosed structure measuring 48 feet by 100 feet. The State RCRA Permit authorizes
other hazardous waste besides PCBs to be stored in the PSPB. A PCB Tank Farm
consisting of five liquid storage tanks with a combined volume of 28,000 gallons is
located behind (east) and adjacent to the PSPB. The tanks store PCB liquids from the
draining and flushing operations in the PSPB prior to shipment for off-site
incineration. The location of the PSPB and PCB Tank Farm are shown in Figure 2.
US Ecology will construct a sealed concrete PCB Tank Truck Loading Pad where
tanker trucks hook up to the bulk storage tanks in the PCB Tank Farm to remove PCB
liquids. US Ecology will also construct a new sealed concrete secondary containment
system for the PCB Tank Farm. The location of the PCB Tank Truck Loading Pad
will be near the PCB Tank Farm. Please see the Statement of Basis for a more
detailed description of the PCB Units.
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B. Operational and Regulatory Requirements for Storage
1. US Ecology shall at all times comply with the PCB storage requirements
contained in 40 C.F.R. § 761.65.
2. US Ecology shall store PCBs in accordance with the procedures specified in the
Facility Operations Plan, US Ecology Nevada, Revision 3, February 2011. The
Facility Operations Plan is contained in Appendix B-l of this Approval [40
C.F.R. § 761.65(d)(4)(iv), 40 C.F.R. § 761.75(c)(3)(ii)].
C. Approved PCB Storage Units and Maximum Storage Capacities
1. US Ecology is authorized, subject to the conditions of this Approval, to store
PCB wastes in the Units and at the maximum capacities shown in the table
below:
Table 1 - PCB Storage Units and Maximum Capacities
Waste Management
Unit Name
Unit
Description
State
RCRA
Permit ID
Number
Type of PCB
Waste Allowed
for Storage
Maximum Storage
Capacity (gallons)
PCB Storage and
Processing Building
Building
CMU #1
Any and all
forms of PCB
wastes
59,400
(1,080 55-gallon
drums)
Tank
T-4
Bulk PCB
Liquids
7,500
Tank
T-5
Bulk PCB
Liquids
7,500
PCB Tank Farm
Tank
T-6
Bulk PCB
Liquids
5,000
Tank
T-7
Bulk PCB
Liquids
5,000
Tank
T-8
Bulk PCB
Liquids
3,000
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D. Design Requirements for Storage Areas
1. The storage facilities for PCBs designated for disposal shall meet the following
criteria:
a. Adequate roof and walls to prevent rain water from reaching the stored PCBs
and PCB Items [40 C.F.R. § 761.65(b)(l)(i), 40 C.F.R. § 761 75(c)(3)(ii)];
b. An adequate floor surrounded by continuous curbing at least six inches high.
The floor and curbing shall provide a containment volume at least twice the
internal volume of the largest PCB Article or PCB Container stored therein or
25 percent of the total internal volume of all the PCB Articles or PCB
Containers stored therein, whichever is greater [40 C.F.R. § 761.65(b)(l)(ii),
40 C.F.R. § 761.75(c)(3)(ii)];
c. There shall be no drain valves, expansion joints, sewer lines, or other
openings that would permit liquids to flow from the curbed area [40 C.F.R. §
761.65(b)(l)(iii), 40 C.F.R. § 761.75(c)(3)(ii)];
d. The floor and curbing shall be constructed of continuous, smooth and
impervious materials such as Portland cement concrete or steel. Two coats of
Epoxy or a similar type of coating with different colors shall be used with
concrete to prevent or minimize penetration of PCBs [40 C.F.R. §
761.65(b)(l)(iv), 40 C.F.R. § 761.75(c)(3)(ii)]; and
e. The area is not located below the 100-year flood water elevation [40 C.F.R. §
761.65(b)(l)(v), 40 C.F.R. § 761.75(c)(3)(ii)].
2. All storage tanks for bulk storage of drained PCB liquids, flushates and other
liquid PCB wastes shall be located in a bermed, containment area that meets the
following requirements:
a. The tanks are elevated to allow daily leak detection [40 C.F.R. §
761.65(d)(4)(iv), 40 C.F.R. § 761.75(c)(3)(ii)];
b. Has a secondary containment system consisting of an adequate floor
surrounded by continuous curbing at least six inches high. The floor and
curbing containment volume shall be at least twice the internal volume of the
largest tank stored therein or 25 percent of the total internal volume of all the
tanks stored therein, whichever is greater, plus the precipitation from a 24 hr,
100 year storm [40 C.F.R. § 761.65(d)(4)(iv), 40 C.F.R. § 761.75(c)(3)(ii)];
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c. There shall be no drain valves, expansion joints, sewer lines, or other
openings that would permit liquids to flow from the curbed area [40 C.F.R. §
761.65(b)(l)(iii), 40 C.F.R. § 761.75(c)(3)(ii)];
d. The floor and curbing shall be constructed of continuous, smooth and
impervious materials such as Portland cement concrete or steel. Two coats of
Epoxy or a similar type coating with different colors are required with
concrete to prevent or minimize penetration of PCBs [40 C.F.R. §
761.65(b)(l)(iv), 40 C.F.R. § 761.75(c)(3)(ii)]; and
e. The area is not located below the 100-year flood water elevation [40 C.F.R. §
761.65(b)(l)(v), 40 C.F.R. § 761.75(c)(3)(ii)].
E. PCB Storage in Containers
1. US Ecology is authorized to store up to 59,400 gallons (1,080 55-gallon drums or
equivalent) of any and all forms of PCB wastes in the PSPB. For the purposes of
this Approval, "gallons" refer to a volumetric measure that could be related to
either a solid or liquid. Thus, a 55-gallon drum could hold either 55 gallons of a
liquid or 55 gallons of a solid such as soil. The volume of PCB liquids contained
in and listed on any piece of equipment (e.g., transformers) shall be counted
toward the maximum allowable storage capacity for the PSPB. A partially full
drum shall be counted as full for purposes of determining maximum allowable
storage capacity [40 C.F.R. § 761.65, 40 C.F.R. § 761.75(c)(3)(ii)].
2. US Ecology shall operate and maintain a database and barcode system to track
the volumes and locations of all PCB wastes throughout the Facility. The
tracking system is called American Ecology Standard Operating Platform [40
C.F.R. § 761.65(d)(4)(iv), 40 C.F.R. § 761.75(c)(3)(ii)].
3. US Ecology shall maintain a 3-foot or greater aisle space between all items or
rows of all items stored in the PSPB to allow for unobstructed access by
personnel, fire protection equipment, and decontamination equipment. For the
purposes of this Approval, a four foot by four foot pallet constitutes a single
storage item regardless of how many drums are on it [40 C.F.R. §
761.65(d)(4)(iv), 40 C.F.R. § 761.75(c)(3)(ii)].
4. US Ecology shall store containers in the PSPB no more than two units high [40
C.F.R. § 761.65(d)(4)(iv), 40 C.F.R. § 761.75(c)(3)(ii)].
5. US Ecology shall store all containers and PCB Items on pallets while being
stored in the PSPB [40 C.F.R. § 761.65(d)(4)(iv), 40 C.F.R. § 761.75(c)(3)(ii)].
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6. US Ecology shall not remove any item of movable equipment from the PSPB
that is used for handling PCBs and PCB Items or that comes in direct contact
with PCBs unless it has been first decontaminated as specified in 40 C.F.R. §
761.79 [40 C.F.R. § 761.65(c)(4), 40 C.F.R. § 761.75(c)(3)(ii)].
F. Draining and Flushing of PCBs
1. US Ecology is authorized to drain and flush PCB containing transformers and
other PCB Items in the PSPB and to store the associated PCB flushate liquids in
the five storage tanks (T-4, T-5, T-6, T-7 and T-8) located in the PCB Tank
Farm. The PCB flushate liquids shall be stored until they are transported off-site
for incineration or treatment in accordance with applicable state and federal
regulations. The drained transformers and other equipment shall be disposed of
in one of the active on-site landfills or be sent to an approved off-site PCB
landfill [40 C.F.R. § 761.65, 40 C.F.R. § 761.75(c)(3)(ii)].
2. US Ecology shall conduct all PCB draining and flushing operations in
accordance with Section 4.4.1, PCB Storage, Draining and Flushing, of the
Facility Operations Plan, dated February 2011 (Revision 3). The Facility
Operations Plan is contained in Appendix B-l of this Approval [40 C.F.R. §
761.65(d)(4)(iv), 40 C.F.R. § 761.75(c)(3)(ii)].
3. US Ecology shall conduct all draining and flushing operations within the bermed
and sealed containment area of the PSPB [40 C.F.R. § 761.65(d)(4)(iv), 40
C.F.R. § 761.75(c)(3)(ii)].
4. US Ecology shall minimize accidental spills of PCB containing liquids from the
draining and flushing operations. Any spills shall be addressed in accordance
with Subsection IV.F., Emergency Preparedness and Spill Cleanup, of this
Approval [40 C.F.R. § 761.65(d)(4)(iv), 40 C.F.R. § 761.75(c)(3)(ii)].
5. US Ecology shall, for the PCB Items listed below, drain the Items of all PCB
containing liquids, fill the Items with No. 2 diesel fuel or another suitable solvent
and allow the equipment to "soak" for a minimum of 18 hours. At the end of the
18-hour "flushing" period, US Ecology shall drain the solvent from the piece of
equipment. US Ecology shall make all practicable efforts, including extending
the drainage time and/or using absorbents, to ensure that all solvent is removed
from the flushed piece of equipment. The drained liquid "flushate" shall be
treated as PCB liquids. The drained equipment shall be disposed of in one of the
active on-site landfills or be sent to an approved off-site PCB landfill. The
following PCB Items are subject to this Condition:
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a. Transformers that previously contained liquids with a concentration of PCBs
equal to or greater than 500 ppm [as defined in 40 C.F.R. § 761.3 and as
required in 40 C.F.R. § 761.60(b)(l)(i)(B), 40 C.F.R. § 761.75(c)(3)(ii)].
b. Hydraulic Machines that previously contained liquids with a concentration of
PCBs equal to or greater than 1000 ppm [as defined as a PCB Article 40
C.F.R. § 761.3 and as required in 40 C.F.R. § 761.60(b)(3)(ii), 40 C.F.R. §
761.75(c)(3)(ii)].
c. Mineral Oil PCB Transformers that previously contained liquids with a
concentration of PCBs equal to or greater than 500 ppm [as defined in 40
C.F.R. § 761.3 and as required in 40 C.F.R. § 761.60(b)(l)(i)(B), 40 C.F.R. §
761.75(c)(3)(ii)].
6. All PCB containing liquids drained from the PCB Items listed in Condition V.F.5
shall be disposed of within 1 year of the out of service date of the PCB Item (e.g.,
transformer). US Ecology shall maintain a written tracking log of all Items that
are drained of PCB containing liquids. The tracking log shall, at a minimum,
identify the PCB Item drained (e.g., transformer), the Item number, the out of
service date of the Item, the storage tank(s) that received the PCB liquids, the
date when the PCB liquids in each tank are shipped off-site for disposal and for
each date the corresponding volume of PCB liquids shipped off-site for disposal.
The log book shall be kept in the PSPB and be available for review upon request
[40 C.F.R. § 761.65(a)(1), 40 C.F.R. § 761.65(d)(4)(iv), 40 C.F.R. §
761.75(c)(3)(ii)].
7. All loading of PCB containing liquids into tanker trucks for off-site disposal or
destruction shall be done on the PCB Tank Truck Loading Pad once it has been
constructed [40 C.F.R. § 761.65(d)(4)(iv), 40 C.F.R. § 761.75(c)(3)(ii)].
G. PCB Storage in Tanks
1. US Ecology is authorized to store up to 28,000 gallons of PCB containing liquids
in the PCB Tank Farm. The PCB Tank Farm, which consists of five storage
tanks (T-4, T-5, T-6, T-7 and T-8) is located adjacent to the PSPB and is
connected by pipes to areas within the building where equipment is drained and
flushed (see Subsection V.F., Draining and Flushing of PCBs) [40 C.F.R. §
761.65, 40 C.F.R. § 761.75(c)(3)(ii)].
2. US Ecology shall not place liquids in the tank system if they can cause the tank,
ancillary equipment, or a containment system to rupture, leak, corrode or
otherwise fail [40 C.F.R. § 761.65(d)(4)(iv), 40 C.F.R. § 761.75(c)(3)(ii)].
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3. US Ecology shall not place any substances into the tank system that may be
incompatible with PCBs [40 C.F.R. § 761.65(d)(4)(iv), 40 C.F.R. §
761.75 (c)(3 )(ii)].
4. US Ecology shall not spill or cause an overflow of PCB containing liquid from
the tank or containment system [40 C.F.R. § 761.65(d)(4)(iv), 40 C.F.R. §
761.75 (c)(3 )(ii)].
5. US Ecology shall, at a minimum, replace the activated carbon filters that receive
venting gases from the PCB storage tanks every 3 months. The two drums that
contain the filters shall have a label that indicates when the carbon filters were
last replaced [40 C.F.R. § 761.65(d)(4)(iv), 40 C.F.R. § 761.75(c)(3)(ii)].
H. PCB Storage Container Requirements
1. US Ecology shall comply with the requirements for PCB containers specified in
40 C.F.R. § 761.65(c)(6). Any container used for storage of liquid or non-liquid
PCBs shall meet the Department of Transportation requirements described in 49
C.F.R. Parts 171 through 180 [40 C.F.R. § 761.65(d)(4)(iv), 40 C.F.R. §
761.75 (c)(3 )(ii)].
2. US Ecology shall design, construct and operate the PCB storage tanks (T-4, T-5,
T-6, T-7 and T-8) in accordance with Occupational Safety and Health Standards
at 29 C.F. R. §1910.106 [40 C.F.R. § 761.65(d)(4)(iv), 40 C.F.R. §
761.75 (c)(3 )(ii)].
I. PCB Storage Marking and Labeling
1. US Ecology shall comply with the marking requirements set forth in 40 C.F.R. §
761.40, 40 C.F.R. § 761.65(c)(3) and 40 C.F.R. § 761.65(c)(8) for all PCB
Containers, PCB Items and PCB storage areas.
2. US Ecology shall use marking labels in accordance with 40 C.F.R. § 761.45.
3. US Ecology shall mark the tanks in the PCB Tank Farm with the Ml label [40
C.F.R. § 761.40],
J. Sampling of PCB Storage and Processing Building
1. US Ecology shall conduct quarterly sampling of the PSPB and PCB Tank Farm in
accordance with Section 5.0, Sampling and Monitoring, of the Renewal
Application. The sampling shall include (1) taking wipe samples for PCB
analysis from the storage and process floor and entrance ramp to the building, and
(2) taking soil samples for PCB analysis from the PCB Tank Farm and areas
adjacent to the building. A minimum of 2 wipe samples shall be taken on floor
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areas where draining and flushing of PCBs occurs, a minimum of 2 wipe samples
shall be taken on floor areas where PCBs are stored, a minimum of 1 wipe sample
shall be taken on the floor of the PSPB office at the entrance to the PCB storage
area, a minimum of 1 wipe sample shall be taken on the entrance ramp to the
PSPB, and a minimum of 4 soil samples shall be taken from the PCB Tank Farm
and areas adjacent to the building. Wipe samples shall be substituted for soil
samples once the sealed concrete secondary containment system has been
constructed for the PCB Tank Farm in accordance with Subsection V.M of this
Approval. Once per year an independent contractor shall conduct the sampling
[40 C.F.R. § 761.30(p), 40 C.F.R. § 761.30(u), 40 C.F.R. § 761.65(d)(4)(iv), 40
C.F.R. § 761.75(c)(3)(ii)].
2. US Ecology shall conduct quarterly PCB sampling of the PCB Tank Truck
Loading Pad once it has been constructed and is in operation. The sampling shall
include taking a minimum of 2 wipe samples for PCB analysis. One wipe
sample shall be taken below where the hoses are attached to the tanker truck and
one sample taken at a random location on the truck pad. Once per year an
independent contractor will conduct the sampling [40 C.F.R. § 761.30(p), 40
C.F.R. § 761.30(u), 40 C.F.R. § 761.65(d)(4)(iv), 40 C.F.R. § 761.75(c)(3)(ii)].
3. If wipe samples show PCB concentrations greater than 10 ug/100 cm , or if soil
samples have a concentration of PCBs greater than 1 ppm, US Ecology shall
fully delineate the extent of PCB contamination and initiate the cleanup process
in accordance with Subsection IV.F, Emergency Preparedness and Spill Cleanup,
of this Approval. The sampling results and any follow-up cleanup shall be
discussed in the Environmental Monitoring Report that is submitted to U.S. EPA
twice per year [40 C.F.R. § 761.30(p), 40 C.F.R. § 761.30(u), 40 C.F.R. §
761.65(d)(4)(iv), 40 C.F.R. § 761.75(c)(3)(ii)].
K. Inspection Requirements for PCB Storage Units
1. US Ecology shall inspect the PSPB, PCB Tank Farm and PCB Tank Truck
Loading Pad in accordance with (1) Section 4.4.2, Commercial Storage of PCBs
and Section 7.0, Facility Inspection, of the Facility Operations Plan, dated
February 2011 (Revision 3) and (2) the Facility Inspection Plan, US Ecology
Nevada, dated March 2010 (Revised May 2011). The Facility Operations Plan is
contained in Appendix B-l of this Approval and the Facility Inspection Plan is
contained in Appendix B-6 of this Approval [40 C.F.R. § 761.65(d)(4)(iv), 40
C.F.R. § 761.75(c)(3)(ii)].
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2. US Ecology shall evaluate and address all deficiencies identified during the
inspections of the PSPB, PCB Tank Farm and PCB Tank Truck Loading Pad in
accordance with (1) Section 4.4.2, Commercial Storage of PCBs and Section 7.0,
Facility Inspection, of the Facility Operations Plan, dated February 2011
(Revision 3), and with (2) the Facility Inspection Plan, US Ecology Nevada,
dated March 2010 (Revised May 2011). The Facility Operations Plan is
contained in Appendix B-l of this Approval and the Facility Inspection Plan is
contained in Appendix B-6 of this Approval [40 C.F.R. § 761.65(d)(4)(iv), 40
C.F.R. § 761.75(c)(3)(ii)].
3. US Ecology shall document all inspections of the PSPB, PCB Tank Farm and
PCB Tank Truck Loading Pad using the inspection report forms contained in the
Facility Inspection Plan, US Ecology Nevada, dated March 2010 (Revised May
2011). The Facility Inspection Plan is contained in Appendix B-6 of this
Approval. US Ecology shall also document actions taken to address any
deficiencies identified during the inspections [40 C.F.R. § 761.65(d)(4)(iv), 40
C.F.R. § 761.75(c)(3)(ii)].
L. Closure of Storage Units
1. US Ecology shall notify U.S. EPA in writing at least 60 days prior to the date it
expects to begin closure of any of the storage units [40 C.F.R. § 761.65(e)(6)(i),
40 C.F.R. § 761.75(c)(3)(ii)].
2. US Ecology shall conduct final closure activities for the PSPB, PCB Tank Farm
and PCB Tank Truck Loading Pad in accordance with the Closure Plan, US
Ecology Nevada, September 2010. The Closure Plan is contained in Appendix
B-7 of the Approval. The September 2010 Closure Plan is the most current
version of the document at the time of issuance of this Approval [40 C.F.R. §
761.65(e), 40 C.F.R. § 761.65(d)(4)(iv), 40 C.F.R. § 761.75(c)(3)(ii)].
3. US Ecology shall submit to U.S. EPA a revised Closure Plan reflecting current
operating conditions at the Facility at least 180 days prior to the anticipated
beginning of closure activities. The revised Closure Plan must undergo the
Approval modification process described in Subsection VIII. A prior to
implementation [40 C.F.R. § 761.65(d)(4)(iv), 40 C.F.R. § 761.75(c)(3)(ii)].
4. US Ecology may petition U.S. EPA to forgo submittal of a revised Closure Plan
as required by this Condition. If US Ecology intends to submit a petition, it shall
be submitted to U.S. EPA at least 180 days prior to the anticipated beginning of
closure activities. To be successful, US Ecology must demonstrate to U.S.
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EPA's satisfaction that there have not been significant changes to operating
conditions at the Facility that would warrant revisions to the Closure Plan. U.S.
EPA must approve the petition in writing prior to implementation of the Closure
Plan. If U.S. EPA denies the petition, US Ecology shall comply with the
requirement of Condition V.L.3 [40 C.F.R. § 761.65(d)(4)(iv), 40 C.F.R. §
761.75 (c)(3 )(ii)].
5. Notwithstanding the requirements set forth in Condition V.L.3 above, US
Ecology shall submit a request to U.S. EPA to modify the Closure Plan pursuant
to Subsection VIII. A of this Approval within 30 days of the following [40 C.F.R.
§ 761.65(e)(4), 40 C.F.R. § 761.65(d)(4)(iv), 40 C.F.R. § 761.75(c)(3)(ii)]:
a. Changes in ownership, operating plans, or Facility design that affect the
Closure Plan;
b. There is a change in the expected date of closure, if applicable;
c. In conducting closure activities, unexpected events require a modification of
the Closure Plan; or
d. Changes to the regulations that affect the Closure Plan.
6. To the extent US Ecology is unable or unwilling to perform any of the closure
activities specified in this subsection, the State of Nevada as site Owner and co-
permittee, upon written notification from U.S. EPA, shall conduct such closure
activities in accordance with the requirements of this Approval [40 C.F.R. §
761.65(d)(4)(iv), 40 C.F.R. § 761.75(c)(3)(ii)].
M. Upgraded Secondary Containment System for PCB Tank Farm and New PCB
Tank Truck Loading Pad
1. Within 365 days of the effective date of this Approval or as otherwise extended
by U.S. EPA, US Ecology shall complete construction of a new secondary
containment system for the PCB Tank Farm that meets the design requirements
contained in Condition V.D.2 of this Approval [40 C.F.R. § 761.65(d)(4)(iv), 40
C.F.R. § 761.75(c)(3)(ii)].
2. Within 365 days of the effective date of this Approval or as otherwise extended
by U.S. EPA, US Ecology shall construct a sealed concrete PCB Tank Truck
Loading Pad where tanker trucks hook up to the bulk storage tanks in the PCB
Tank Farm to remove PCB liquids. The Loading Pad shall also include adequate
containment for any connections from the tanker truck to the storage tanks [40
C.F.R. § 761.65(d)(4)(iv), 40 C.F.R. § 761.75(c)(3)(ii)].
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3. The new secondary containment system for the PCB Tank Farm and PCB Tank
Truck Loading Pad shall be constructed in accordance with the requirements and
construction schedule contained in Subsection V.N of this Approval [40 C.F.R. §
761.65(d)(4)(iv), 40 C.F.R. § 761.75(c)(3)(ii)].
N. Construction Schedule for New Secondary Containment System for PCB Tank
Farm and PCB Tank Truck Loading Pad
1. US Ecology shall submit (1) an Engineering and Design Plan that includes a
construction schedule and (2) an As-Built Construction Report to U.S. EPA by
the dates indicated in the following table:
Table 2 - Construction Schedule
Item
Activity
Due Date
1
US Ecology shall submit an Engineering and Design Plan
to U.S. EPA for constructing (1) the new sealed concrete
secondary containment system for the PCB Tank Farm and
(2) the sealed concrete PCB Tank Truck Loading Pad. The
Engineering and Design Plan shall, at a minimum, include
the design plans and specifications for the construction
work, a construction schedule, quality assurance and
control procedures, and a description of how the proposed
project meets the design requirements contained in
Condition V.D.2 of this Approval [40 C.F.R. §
761.65(d)(4)(iv), 40 C.F.R. § 761.75(c)(3)(ii)].
60 days from
the effective
date of this
Approval
2
After completion of work, US Ecology shall submit an "As-
Built" Construction Report to U.S. EPA that describes in
detail how the project was constructed including As-Built
drawings and a description of any deviations from the
Engineering and Design Plan [40 C.F.R. § 761.65(d)(4)(iv),
40 C.F.R. § 761.75(c)(3)(ii)].
As specified in
the construction
work plan
schedule
2. US Ecology shall revise the Engineering and Design Plan, construction schedule,
and Construction Report in accordance with written comments from U.S. EPA
and submit revised versions of these documents as directed by U.S. EPA.
3. The Engineering and Design Plan and construction schedule must be approved in
writing by U.S. EPA prior to implementation.
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VI. Conditions for Treating PCBs
A. Unit Descriptions
US Ecology is permitted by the State of Nevada to treat hazardous waste in five
Stabilization Tanks or "Treatment Pans" and the Evaporation Tank. Treatment Pans
1, 2 and 3, which are located outside, will be used in the future exclusively for
treatment of hazardous waste (no PCBs). However, due to past operations involving
PCBs, Treatment Pans 1, 2 and 3 are included in the Facility Closure Plan for this
Approval. PCBs may, under special circumstances, be processed for disposal in
Treatment Pans 4 and 5, and in the Evaporation Tank. Treatment Pans 4 and 5, which
are located inside the Container Management Building, and the Evaporation Tank are
installed below ground and have double steel liners with a leak detection system. The
location of Treatment Pans 4 and 5 and the Evaporation Tank are shown on Figure 2.
B. Authorized PCB Treatment
1. US Ecology is authorized to process the following types of PCB wastes in
Treatment Pans 4 and 5:
a. Liquids with concentrations of PCBs less than 50 mg/L can be solidified
providing that the source of the PCB liquid is less than 50 mg/L. If the liquids
are also RCRA regulated, the resulting treated solids must meet all of the
applicable land disposal restrictions at 40 C.F.R. Part 268 prior to disposal in
the Trench 11 or Trench 12 landfills [40 C.F.R. §761.75(c)(3)(ii)];
b. Leachate generated by the Facility may be solidified provided that the total
PCB concentration is less than 2 mg/L. Prior to disposal in the Trench 11 or
Trench 12 landfills, the resulting treated solids must meet all of the applicable
land disposal restrictions, including PCBs at 10 mg/kg, for an F039 listed
hazardous waste set forth in 40 C.F.R. Part 268 [40 C.F.R. §761.79(b)(2), 40
C.F.R. §761.75(c)(3)(ii)];
c. PCB waste (non-soils) at concentrations less than 50 ppm, providing that the
source of the waste is less than 50 ppm, may be processed in the Treatment
Pans when RCRA hazardous constituents in combined RCRA/TSCA waste
require treatment prior to land disposal. Prior to disposal in the Trench 11 or
Trench 12 landfills, the resulting treated solids must meet all of the applicable
land disposal restrictions set forth in 40 C.F.R. Part 268 [40 C.F.R.
§761.75(c)(3)(ii)]; and
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d. Soils that are determined to be hazardous by toxicity characteristic for metals
under RCRA and are also TSCA regulated may be processed in Treatment
Pans 4 and 5 provided that the concentration of halogenated organic
compounds, including PCBs, is below 1000 ppm [40 C.F.R. §761.75(c)(3)(ii),
40 C.F.R. § 268.48(a), Footnote 8 at the end of the Universal Treatment
Standards Table, and 65 FR 81373-81381],
2. US Ecology is authorized to treat (evaporate) truck wash rinsate water with
concentrations of PCBs less than 50 mg/L in the Evaporation Tank. If the liquids
are also RCRA regulated, the resulting treated solids must meet all of the
applicable land disposal restrictions set forth in 40 C.F.R. Part 268 prior to
disposal in the Trench 11 or Trench 12 landfills [40 C.F.R. § 761.75(c)(3)(ii)].
3. Treatment of any other PCB containing wastes is prohibited [40 C.F.R. § 761.75
(c)(3)(ii)].
C. Approved PCB Treatment Areas and Maximum Treatment Capacities
1. US Ecology is authorized, subject to the conditions of this Approval, to treat
PCB wastes in the Units and at the maximum volumes shown in the table below:
Table 3
PCB Treatment Units and Maximum Capacities
Waste Management
Unit Name
Unit
Description
State
RCRA
Permit ID
Number
Type of PCB Waste
Allowed for
Treatment
Maximum
Treatment
Capacity
(gallons per
day)
Stabilization Units
Treatment
Pan 4
(Indoors)
T-18
See Subsection VLB
68,500
Treatment
Pan 5
(Indoors)
T-19
See Subsection VLB
68,500
Evaporation Tank
Evaporation
Tank
T-ll
Truck wash rinsate
water
Not Applicable*
*Regulated total capacity limited to 10,000 gallons (solid and liquid).
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D. Operational and Regulatory Requirements for Treatment
1. US Ecology shall operate and maintain Treatment Pans 4 and 5 and the
Evaporation Tank in accordance with the Facility Operations Plan, dated
February 2011 (Revision 3) which is contained in Appendix B-l of this Approval
[40 C.F.R. § 761.75(c)(3 )(ii)].
2. US Ecology shall not mix PCBs and any substances that may be incompatible
with PCBs in Treatment Pans 4 and 5.
3. US Ecology shall take all appropriate measures to minimize dust emissions from
operations at the Treatment Pans, including but not limited to, using non
hazardous, non-RCRA liquids for dust suppression. US Ecology shall operate a
baghouse to control dust emissions anytime PCB wastes are being processed in
Treatment Pans 4 or 5 consistent with its State air permit. Characterization of
baghouse dust for land disposal shall include testing for PCBs [40 C.F.R. §
761.75 (c)(3 )(ii)].
4. US Ecology shall conduct quarterly PCB sampling of the Container Management
Building (CMU #16) floor areas. The sampling shall include taking a minimum
of 2 wipe samples for PCB analysis from the floor area near Treatment Pan 4 and
a minimum of 2 wipe samples from the floor area near Treatment Pan 5. Once
per year an independent contractor will conduct the sampling. If wipe samples
show PCB concentrations greater than 10 ug/100 cm , US Ecology shall fully
delineate the extent of PCB contamination and initiate the cleanup process in
accordance with Subsection IV.F, Emergency Preparedness and Spill Cleanup, of
this Approval. The sampling results and any follow-up cleanup shall be
discussed in the Environmental Monitoring Report that is submitted to U.S. EPA
twice per year [40 C.F.R. § 761.30(p), 40 C.F.R. § 761.30(u), 40 C.F.R. §
761.75 (c)(3 )(ii)].
E. Inspection Requirements for PCB Treatment Units
1. US Ecology shall inspect Treatment Pans 4 and 5 and the Evaporation Tank in
accordance with (1) Section 7.0, Facility Inspection, of the Facility Operations
Plan, dated February 2011 (Revision 3), and (2) the Facility Inspection Plan, US
Ecology Nevada, dated March 2010 (Revised May 2011). The Facility
Operations Plan is contained in Appendix B-l of this Approval and the Facility
Inspection Plan is contained in Appendix B-6 of this Approval [40 C.F.R. §
761.75 (c)(3 )(ii)].
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2. US Ecology shall evaluate and address all deficiencies identified during the
inspections of Treatment Pans 4 and 5 and the Evaporation Tank in accordance
with (1) Section 7.0, Facility Inspection, of the Facility Operations Plan, dated
February 2011 (Revision 3), and (2) the Facility Inspection Plan, US Ecology
Nevada, dated March 2010 (Revised May 2011). The Facility Operations Plan is
contained in Appendix B-l of this Approval and the Facility Inspection Plan is
contained in Appendix B-6 of this Approval [40 C.F.R. § 761.75(c)(3)(ii)].
3. US Ecology shall document all inspections of Treatment Pans 4 and 5 and the
Evaporation Tank using the inspection report forms contained in the Facility
Inspection Plan, US Ecology Nevada, dated March 2010 (Revised May 2011)
contained in Appendix B-6 of this Approval. US Ecology shall also document
actions taken to address any deficiencies identified during the inspections [40
C.F.R. § 761.75(c)(3)(ii)].
F. Closure of Treatment Units
1. US Ecology shall notify U.S. EPA in writing at least 60 days prior to the date it
expects to begin closure of any of the treatment units [40 C.F.R. §
761.75 (c)(3 )(ii)].
2. US Ecology shall conduct final closure activities for Treatment Pans 1 through 5
and the Evaporation Tank in accordance with the Closure Plan, US Ecology
Nevada, September 2010 contained in Appendix B-7 of this Approval. The
September 2010 Closure Plan is the most current version at the time of issuance
of this Approval [40 C.F.R. § 761.75 (c)(3)(ii)].
3. US Ecology shall submit to U.S. EPA a revised Closure Plan reflecting current
operating conditions at the Facility at least 180 days prior to the anticipated
beginning of closure activities. The revised Closure Plan must undergo the
Approval modification process described in Subsection VIII. A prior to
implementation [40 C.F.R. § 761.75(c)(3)(ii)].
4. US Ecology may petition U.S. EPA to forgo submittal of a revised Closure Plan
as required by this Condition. If US Ecology intends to submit a petition, it shall
be submitted to U.S. EPA at least 180 days prior to the anticipated beginning of
closure activities. To be successful, US Ecology must demonstrate to U.S.
EPA's satisfaction that there have not been significant changes to operating
conditions at the Facility that would warrant revisions to the Closure Plan. U.S.
EPA must approve the petition in writing prior to implementation of the Closure
Plan. If U.S. EPA denies the petition, US Ecology shall comply with the
requirement of Condition VI.F.3 [40 C.F.R. § 761.75(c)(3)(ii)].
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5. Notwithstanding the requirements set forth in Condition VI.F.3 above, US
Ecology shall submit a request to U.S. EPA to modify the Closure Plan pursuant
to Subsection VIII. A of this Approval within 30 days of the following [40 C.F.R.
§ 761.75 (c)(3)(ii)]:
a. Changes in ownership, operating plans, or Facility design that affect the
existing Closure Plan;
b. There is a change in the expected date of closure, if applicable;
c. In conducting closure activities, unexpected events require a modification of
the Closure Plan; or
d. Changes to the regulations that affect the Closure Plan.
6. To the extent US Ecology is unable or unwilling to perform any of the closure
activities specified in this subsection, the State of Nevada as site Owner and co-
permittee, upon written notification from U.S. EPA, shall conduct such closure
activities in accordance with the requirements of this Approval [40 C.F.R. §
761.75 (c)(3 )(ii)].
VII. Conditions for Landfill Disposal of PCBs
A. Unit Descriptions
Trench 11 and Trench 12 are currently the only active landfills at the US Ecology
Facility. Trench 11 is currently permitted to receive non-liquid RCRA hazardous
waste, non-RCRA waste and PCBs. Trench 12 is being constructed in three separate
phases. The first phase was constructed in 2008 and the second phase in 2011.
Trench 12 is receiving hazardous wastes for disposal pursuant to a State RCRA
Permit. Trench 11 and Trench 12 both have bottom and sidewall liner systems that
incorporate primary and secondary liners as well as leachate collection and recovery
systems. The base footprint of Trench 11 is approximately 12.3 acres. The base
footprint of Trench 12 is approximately 11 acres (three phases). The locations of
Trench 11 and Trench 12 are shown on Figure 2, Map of PCB Units Proposed for
Approval. Please see the Statement of Basis for a more detailed description of the
Units.
B. Approved Landfill Units and Maximum Disposal Capacities
1. This Approval authorizes, with conditions, the Trench 11 and Trench 12 landfills
at the US Ecology Facility to receive PCB wastes for disposal [40 C.F.R. §
761.75],
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2. The maximum disposal capacity of Trench 11 shall not exceed 2.36 million cubic
yards inclusive of waste and daily cover [40 C.F.R. § 761.75(c)(3)(ii)].
3. The maximum disposal capacity of Trench 12 shall not exceed 1.66 million cubic
yards inclusive of waste and daily cover [40 C.F.R. § 761.75(c)(3)(ii)].
4. US Ecology shall include the amount of remaining disposal capacity for each of
the operating landfills in the annual report required by Condition IV.N.5.a. The
annual report shall be submitted to U.S. EPA by July 15 of each year [40 C.F.R.
§ 761.75 (c)(3 )(ii)].
5. US Ecology shall construct the third and final phase of Trench 12 in accordance
with the "Landfill Report for Trench 12 Supplement, US Ecology Nevada,
Hazardous Waste Management Facility, Beatty, Nevada, October 2007". The
Landfill Report is contained in Appendix B-10 of this Approval [40 C.F.R. §
761.75(c)(3)(ii)].
C. PCB Wastes Authorized for Disposal
1. US Ecology is authorized to dispose of the following non-liquid PCB wastes in
Trench 11 and Trench 12:
a. Drained PCB Hydraulic Machines [as defined as a PCB Article by 40 C.F .R.
§ 761.3 and as required in 40 C.F.R. § 761.60(b)(3)(ii)]. PCB Hydraulic
Machines shall be drained of all free-flowing liquids prior to disposal in a
landfill. If the liquid contains 1000 ppm or more of PCBs, the machine shall
be flushed with a PCB-soluble solvent which contains less than 50 ppm PCBs
prior to disposal in a landfill. The spent solvent shall be disposed of in
accordance with 40 C.F.R. § 761.60(a);
b. Drained Mineral Oil PCB Transformers [as defined in 40 C.F.R. § 761.3 and
as required in 40 C.F.R. § 761.60(b)(l)(i)(B), contains > 500 ppm PCBs],
Mineral Oil PCB Transformers shall be drained of all free-flowing liquids,
filled with a PCB-soluble solvent, allowed to stand for at least 18 continuous
hours, and then thoroughly drained prior to disposal in a landfill. The drained
transformer liquid and the solvent removed from the transformer shall be
disposed of in accordance with 40 C.F.R. § 761.60(a);
c. Drained PCB Transformers [as defined in 40 C.F.R. § 761.3 and as required
in 40 C.F.R. § 761.60(b)(l)(i)(B), contains > 500 ppm PCBs], PCB
Transformers shall be drained of all free-flowing liquids, filled with a PCB-
soluble solvent, allowed to stand for at least 18 continuous hours, and then
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thoroughly drained prior to disposal in a landfill. The drained transformer
liquid and the solvent removed from the transformer shall be disposed of in
accordance with 40 C.F.R. § 761.60(a);
d. Natural gas pipeline systems [as defined in 40 C.F.R. § 761.3 and as required
in 40 C.F.R. § 761.60(b)(5)];
e. Non-liquidPCBs [as defined in 40 C.F.R. § 761.3], This includes, but is not
limited to, contaminated soil, rags, or other debris;
f. PCB Articles [as defined in 40 C.F.R. § 761.3 and as required in 40 C.F.R. §
761.60], This includes, but is not limited to, capacitors, transformers, electric
motors, and pumps. PCB Articles shall be drained of all free-flowing liquids
prior to disposal in a landfill. The drained PCB Article liquid shall be
disposed of in accordance with 40 C.F.R. § 761.60(a);
g. PCB Article Containers [as defined in 40 C.F.R. § 761.3];
h. PCB Bulk Product Waste [as defined in 40 C.F.R. § 761.3];
i. PCB Containers [as defined in 40 C.F.R. § 761.3 and as required in 40 C.F.R.
§ 761.60(c)(1)], PCB containers which have been exposed to PCB liquids at a
concentration of 500 ppm or greater and have not been decontaminated shall
be fully drained of any liquids prior to disposal in a landfill. PCB containers
which have been exposed to PCB liquids at a concentration of less than 500
ppm, can be (1) drained of any liquids prior to disposal in a landfill or (2)
disposed of in a landfill if each container is surrounded by an amount of inert
sorbent material capable of absorbing all of the liquid contents of the
container as allowed in 40 C.F.R. § 761.75(b)(8)(ii) and providing that the
total amount of liquid per 55 gallon drum is equal to or less than 15 gallons;
j. PCB Contaminated Large Capacitors [as required in 40 C.F.R. §
761.60(b)(4), contains >50 ppm and <500 ppm PCBs];
k. PCB-Contaminated Electrical Equipment [as defined in 40 C .F .R. § 761.3
and as required in 40 C.F.R. § 761.60(b)(4), contains >50 ppm and < 500 ppm
PCBs in contaminating fluid]. This includes, but is not limited to, capacitors,
circuit breakers, and switches. All PCB contaminated electrical equipment
except capacitors shall be drained of all free-flowing liquids prior to disposal
in a landfill. The drained liquids shall be disposed of in accordance with 40
C.F.R. § 761.60(a);
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1. PCB Equipment [as defined in 40 C.F.R. § 761.3], This includes, but is not
limited to, any manufactured item such as microwave ovens, electronic
equipment and fluorescent light ballasts and fixtures;
m. PCB-Free Capacitors [as discussed in 40 C.F.R. § 761.60(b)(2)(i)]. To
qualify as a PCB-Free capacitor, it must be known from the label or nameplate
information, manufacturer's literature (including documented communications
with the manufacturer), or chemical analysis that the capacitor does not
contain PCBs;
n. PCB Household Waste [as defined in 40 C.F.R. § 761.3], This includes, but
is not limited to, PCB wastes generated by consumers in their homes,
household items and appliances;
o. PCB Remediation Waste [as defined in 40 C.F.R. § 761.3], This includes, but
is not limited to, soil, gravel, dredged materials and municipal sewage
treatment sludge that contain PCBs. The dredged materials and municipal
sewage sludge shall be dewatered so as to pass the Paint Filter Test described
in the most current version of U.S. EPA Publication SW-846, "Test Methods
for Evaluating Solid Wastes, Method 9095, prior to disposal in a landfill;
p. Soils (RCRA and TSCA Regulated). Soils that are determined to be
hazardous by toxicity characteristic for metals under RCRA and are also
TSCA regulated may be landfilled in Trench 11 or Trench 12 provided that
the concentration of halogenated organic compounds, including PCBs, is
below 1000 ppm [40 C.F.R. §761.75(c)(3)(ii), 40 C.F.R. § 268.48(a), Footnote
8 at the end of the Universal Treatment Standards Table, and 65 FR 81373 -
81381];
q. PCB Sewage Sludge [as defined in 40 C.F.R. § 761.3, contains > 50 ppm
PCBs], The PCB sewage sludge shall be dewatered so as to pass the Paint
Filter Test described in the most current version of SW-846, "Test Methods
for Evaluating Solid Wastes, Method 9095, prior to disposal in a landfill; and
r. PCB Small Capacitors not owned by the manufacturer [as defined in 40
C.F.R. § 761.3 and as required in 40 C.F.R. § 761.60(b)(2)(iv)]. PCB small
capacitors owned by a person who did not manufacture or at any time
manufacture PCB capacitors or PCB equipment.
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D. Disposal Prohibitions
1. Ignitable wastes (D001) as defined and required in 40 C.F.R. § 761.75(b)(8)(iii)
are prohibited from disposal in the Trench 11 and Trench 12 landfills.
2. The disposal of liquid wastes, as defined by the Paint Filter Liquid Test, are
prohibited from disposal in the Trench 11 and Trench 12 landfills [40 C.F.R. §
761.75(c)(3 )(ii)].
3. Large Capacitors that contain liquids with 500 ppm or greater of PCBs are
prohibited from disposal in the Trench 11 and Trench 12 landfills [40 C.F.R. §
761.60(b)(2)(iii)].
4. PCB small capacitors owned by the manufacturer are prohibited from disposal in
the Trench 11 and Trench 12 landfills [40 C.F.R. § 761.60(b)(2)(iv)].
5. Mixed RCRA and TSCA regulated wastes that do not meet the land disposal
restrictions at 40 C.F.R. § 268 are prohibited from disposal in the Trench 11 and
Trench 12 landfills [40 C.F.R. § 761.75(c)(3)(ii)].
E. Landfill Operations and Management of Wastes
1. US Ecology shall at all times comply with the landfill and disposal requirements
contained at 40 C.F.R. §§ 761.60, 761.75, 761.120, and 761.180(b). The
requirements of 40 C.F.R. § 761.65 shall be adhered to should any non-liquid
PCB wastes be stored prior to disposal.
2. US Ecology shall operate the Trench 11 and Trench 12 landfills in accordance
with the procedures specified in the Facility Operations Plan, US Ecology
Nevada, Revision 3, February 2011. The Facility Operations Plan is contained
Appendix B-l of this Approval [40 C.F.R. § 761.75(c)(3 )(ii)].
3. PCBs and PCB Items shall be placed in landfill areas authorized for PCB
disposal in a manner that will prevent damage to containers and articles [40
C.F.R. § 761.75(b)(8)(i)].
4. Wastes that are not chemically compatible with PCBs shall be separated from the
PCBs throughout the waste handling and disposal process [40 C.F.R. 8
761.75(b)(8)(i)].
5. US Ecology shall maintain records of waste locations within Trench 11 and
Trench 12 using a grid coordinate system as specified in Section 5, Location of
Wastes, Facility Operations Plan, US Ecology Nevada, Revision 3, February
2011. The Facility Operations Plan is contained Appendix B-l of this Approval
[40 C.F.R. § 761.75(b)(8)(ii)].
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6. US Ecology shall operate and maintain Trench 11 and Trench 12 in a manner
that prevents safety problems or hazardous conditions resulting from spilled
liquids and windblown materials [40 C.F.R. § 761.75(b)(9)(iii)].
7. US Ecology shall maintain the roads to and within Trench 11 and Trench 12 such
that they are adequate to support the operation and maintenance of the landfills
without causing safety or nuisance problems or hazardous conditions [40 C.F.R.
§ 761.75(c)(3 )(ii)].
8. US Ecology shall control wind dispersal of particulate matter during landfill
operations. Control methods shall include, but not be limited to [40 C.F.R. § 761
75(c)(3)(ii)]:
a. Placing daily cover over deposited wastes to control wind dispersal of
particulate matter;
b. Use of non hazardous, non-RCRA liquids, and as specified in this Approval,
leachate from the landfills to suppress dispersal of particulate matter;
c. Avoidance of unloading dusty materials in high wind conditions;
d. Covering dusty loads promptly; and
e. Other management controls as necessary to control particulate emissions.
9. US Ecology may, for the purposes of TSCA only, use leachate from the Trench
11 and 12 landfills for dust suppression provided that the following criteria are
met [40 C.F.R. § 761.75 (c)(3)(ii) and 40 C.F.R. § 761.30 (u)(3)]:
a. Total PCBs in the leachate are at a concentration of 0.5 ug/L or less;
b. All sumps that produce leachate intended for dust suppression shall be
sampled and tested as follows: U.S. Ecology shall take, at a minimum, one
sample of leachate for testing per sump for each pumping period (seven days
or as otherwise specified by U.S. EPA). For example, if three tote containers
of leachate are generated for a given sump during a one week period, a single
sample of leachate from one of the totes shall be taken for PCB analysis.
The analysis method shall have a detection limit for PCBs that is below 0.5
ug/L.
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c. A written log is maintained that records all of the leachate sampling results.
The log shall, at a minimum, include the following information:
identification of landfill, identification of sump, date and time of sampling,
volume of leachate pumped, analysis results, date of the laboratory report,
and date of when the leachate was applied to the landfill. The logged
information shall be included and discussed in the Environmental Monitoring
Report that is submitted by US Ecology to U.S. EPA twice per year;
d. Leachate shall only be used for dust suppression on the active parts of the
landfills (not including roads); and
e. Leachate cannot be applied to the landfills for dust suppression until after the
laboratory test results confirm that the concentration of PCBs is 0.5 ug/L or
less.
10. All liquid PCB wastes that are transported off-site for disposal shall be sent to a
U.S. EPA-approved PCB disposal facility in accordance with 40 C.F.R. §
761.60(a).
11. The disposal of non-liquid, non-PCB wastes in the Trench 11 and Trench 12
landfills shall comply with the State RCRA Permit and the RCRA regulations
[40 C.F.R. § 761.75(c)(3)(ii)].
F. Groundwater Monitoring
1. US Ecology shall comply with the groundwater monitoring requirements
specified in the PCB regulations at 40 C.F.R. § 761.75(b)(6).
2. US Ecology shall take samples of groundwater each calendar quarter from all of
the point of compliance (downgradient) monitoring wells and background wells
listed in Table 4 below and analyze the samples for, at a minimum, PCBs, pH,
specific conductance and chlorinated organics [40 C.F.R. § 761.75(b)(6)(iii)].
The analysis for chlorinated organics shall include all of the constituents listed in
Test Method 8260 from the most current version of U.S. EPA Publication SW-
846, "Test Methods for Evaluating Solid Wastes." The monitoring well locations
are shown on Figure 3, Groundwater Monitoring Wells.
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Table 4
PCB Monitoring Wells
Well Identification
Designation
001
Point of Compliance
002
Point of Compliance
308
Point of Compliance
309
Point of Compliance
310
Point of Compliance
311
Point of Compliance
313
Background
315A
Point of Compliance
316
Point of Compliance
317
Point of Compliance
318
Background
319
Background
320
Point of Compliance
322
Point of Compliance
324
Point of Compliance
325
Point of Compliance
326
Point of Compliance
327
Point of Compliance
3. US Ecology shall conduct groundwater monitoring and sampling in accordance
with the procedures contained in (1) the Environmental Monitoring Plan, US
Ecology Nevada, March 2010 (Revised May 2011) and (2) the Sampling and
Analysis Plan, US Ecology Nevada, May 2010 (Revised May 2011). The
Environmental Monitoring Plan is contained in Appendix B-l 1 of this Approval
and the Sampling and Analysis Plan is contained in Appendix B-12 of this
Approval. The Environmental Monitoring Plan and Sampling and Analysis Plan
include procedures for purging wells, collecting samples, preserving samples,
analyzing samples, calibrating sampling equipment, tracking and controlling
samples (chain-of-custody procedures), evaluating data, reporting results and
determining groundwater flowrate and direction [40 C.F.R. § 761.75(b)(6)],
4. US Ecology shall notify U.S. EPA in writing within 7 calendar days after
discovering the presence of volatile organic compounds at concentrations above
Maximum Contaminant Levels ("MCLs") for drinking water and/or any
detectable PCBs in a groundwater sample [40 C.F.R. § 761.75(c)(3)(ii)].
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5. In the event of a detectable release of volatile organic compounds above MCLs
and/or PCBs to groundwater, US Ecology shall implement the compliance
monitoring and corrective action procedures set forth by the State RCRA Permit.
All required notifications and plan submittals shall be sent to U.S. EPA as well as
the NDEP. U.S. EPA is the approval agency for all plans and reports required
pursuant to this Condition [40 C.F.R. § 761.75(c)(3)(ii)].
6. US Ecology shall maintain the groundwater monitoring wells listed in Table 4 in
accordance with the requirements of the State RCRA Permit [40 C.F.R. § 761.75
(c)(3)(ii)].
7. US Ecology shall install new wells or decommission existing wells in accordance
with the requirements of the State RCRA Permit. US Ecology shall not plug,
abandon, or decommission any monitoring wells without first receiving written
approval from U.S. EPA [40 C.F.R. § 761.75(c)(3)(ii)].
8. US Ecology shall submit to U.S. EPA two reports per year that contain the
analytical and field data results from the groundwater monitoring required by this
Approval in accordance with the schedule contained in Table 5. The data shall
be reported in graphical, tabular and electronic file format as approved by U.S.
EPA [40 C.F.R. § 761.75(c)(3)(ii)].
Table 5
Groundwater Reporting Schedule
Bi-Annual Period
Report Due Date
January 1 to June 30
September 30
July 1 to December 31
March 30
G. Leachate Management, Monitoring, Sampling and Disposal
1. US Ecology shall comply with the leachate collection and monitoring
requirements specified in the PCB regulations at 40 C.F.R. § 761.75(b)(7).
2. Management and Monitoring of Leachate/Response Action Plan
a. US Ecology shall operate the leachate collection and detection systems for the
Trench 11 and Trench 12 landfills in accordance with the respective Response
Action Plan ("RAP"). The RAPs are titled, "Response Action Plan, Leak
Detection System, Trench 11, US Ecology Nevada, October 2009" and the
"Response Action Plan, Leak Detection System, Trench 12, US Ecology
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Nevada, October 2009 (Revised May 2011)." The Trench 11 RAP is
contained Appendix B-13 of this Approval and the Trench 12 RAP is
contained in Appendix B-14 of this Approval. The RAPs for Trenches 11 and
12 provide a process for using leachate accumulation in the sumps to identify
fluid level pressures on the liner system that could potentially cause it to leak.
The RAPs include predetermined site-specific actions that are designed to
detect potential leaks at the earliest practical time such that early follow-up
can minimize migration of hazardous substances outside the landfill [40
C.F.R. § 761.75(c)(3)(ii)].
b. US Ecology shall operate the leachate collection and detection systems
without the fluid level on any liner exceeding 30 centimeters or one foot at
anytime [40 C.F.R. § 761.75 (c)(3 )(ii)].
c. US Ecology shall, during the active life of the landfills, monitor at least on a
weekly basis, the depth of liquid in all of the leachate collection and detection
sumps for Trench 11 and Trench 12 in accordance with the applicable RAP.
Whenever liquids in the leachate collection/detection system are found above
the level of 1.75 feet, the inspection frequency for that sump shall be
increased to daily until the liquid level in the sump remains below 1.75 feet
for two consecutive days. At that time the monitoring may then revert to
weekly [40 C.F.R. § 761.75(c)(3)(ii)].
d. US Ecology shall, during the post-closure period (which begins after the final
cover is installed and closure certification is approved), monitor at least on a
monthly basis, the depth of liquid in all of the leachate collection and
detection sumps for Trench 11 and Trench 12 in accordance with the
respective RAP. If the depth of leachate in a collection or detection sump
stays below the pump operating level of 1.75 feet for two consecutive months,
the leachate in that sump may be monitored on at least a quarterly basis. If the
depth of leachate in a collection or detection sump stays below 1.75 feet for
two consecutive quarters, the leachate in that sump may be monitored at least
twice per year (semi-annually). If at any time during the post-closure period
the pump operating level is exceeded in a collection or detection sump
monitored on a quarterly or semi-annual basis, that sump will return to
monitoring on a monthly basis until no pumpable liquids are found for two
consecutive months before relaxing the frequency of monitoring in
accordance with this Condition [40 C.F.R. § 761.75(c)(3)(ii)].
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e. US Ecology shall, within 24 hours of detecting pumpable liquids in a sump,
pump all of the liquids from each sump in accordance with the respective
RAP (Trench 11 RAP, Section 11.3.0 and 11.4.0 and Trench 12 RAP, Section
5) [40 C.F.R. § 761.75(c)(3)(ii)].
f. US Ecology shall record, in an electronic database, the volumes of leachate
pumped from each collection and detection sump in Trench 11 and Trench 12.
The information collected shall, at a minimum, include identification of the
landfill, the sump name (e.g., C-3), date and time of pumping, depth of
leachate in the sump before and after pumping, the volume (gallons) of
leachate pumped, and the leachate collection period. US Ecology shall put the
information and data into tables and graphs that show the leachate volume
pumped verses time for each sump such that trends can be identified. For
example, the leachate volume per month for each sump could be plotted such
that any trends could be evaluated for the year. The data, tables, graphs, and a
summary of the trend analysis shall be included in the Environmental
Monitoring Report that US Ecology submits to the U.S. EPA twice per year as
part of the groundwater monitoring program (see Condition VII.F.8 of this
Approval) [40 C.F.R. § 761.75(c)(3)(ii)].
g. US Ecology shall notify U.S. EPA in writing within 7 calendar days of either
an exceedance of the Action Leakage Rate ("ALR") or the fluid head on either
liner exceeding one foot for Trench 11 and Trench 12. The ALR, which is
specified in the respective RAPs, is the maximum design flow rate that the
leak detection system can remove without the fluid level on the liner
exceeding one foot [40 C.F.R. § 761.75(c)(3)(ii)].
h. The notification required by Condition VII.G.2.g must be followed by a
preliminary written assessment within fourteen (14) days of the exceedance.
The preliminary written assessment shall document the amount of liquid
removed from the sump, likely sources of the liquids, possible location, size
and cause of any leaks, and short-term actions taken and planned [40 C.F.R. §
761.75(c)(3 )(ii)].
i. Within thirty (30) days of the initial notification required by Condition
VII.G.2.g , US Ecology shall submit to U.S. EPA a report that includes the
following information and determinations: (1) an assessment of the possible
source of the liquids (including estimated volumes broken down by source
area), (2) results of a fingerprint, hazardous constituent, or other analysis to
identify the sources of liquids and possible locations of any leaks, and the
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hazard and mobility of the liquid, (3) an assessment of the seriousness of the
leak in terms of potential for escaping into the environment, (4) to the extent
practicable, the location, size, and cause of any leak, (5) a determination
whether waste receipt should cease or be curtailed, whether any waste should
be removed from the unit for inspection, repairs, or for installation of controls,
and whether any other short-term and long-term actions need to be taken to
mitigate or stop any leaks [40 C.F.R. § 761.75(c)(3)(ii)].
3. Leachate Sampling and Analysis
a. US Ecology shall take samples of leachate from any sumps that contain
leachate on a quarterly basis and analyze the samples for, at a minimum,
PCBs, pH, specific conductance and chlorinated organics [40 C.F.R. §
761.75(b)(7)], The analysis for chlorinated organics shall include all of the
constituents listed in Test Method 8260 from the most current version of U.S.
EPA Publication SW-846, "Test Methods for Evaluating Solid Wastes."
b. US Ecology shall conduct leachate sampling in accordance with the applicable
procedures contained in (1) the Environmental Monitoring Plan, US Ecology
Nevada, March 2010 (Revised May 2011), and (2) the Sampling and Analysis
Plan, US Ecology Nevada, May 2010 (Revised May 2011). The
Environmental Monitoring Plan is contained in Appendix B-l 1 of this
Approval and the Sampling and Analysis Plan is contained in Appendix B-12
of this Approval.
c. The Environmental Monitoring Plan and Sampling and Analysis Plan are
primarily intended for groundwater sampling. However, US Ecology shall
apply the applicable procedures and protocols in these plans to the leachate
sampling [40 C.F.R. § 761.75(c)(3)(ii)].
d. US Ecology shall report in writing to U.S. EPA within 10 calendar days of
detecting PCBs in any leachate collection or detection sump [40 C.F.R. §
761.75 (c)(3 )(ii)].
e. US Ecology shall include the following information as part of the
Environmental Monitoring Reports that are submitted to U.S. EPA twice per
year: (1) a discussion of the leachate sampling results, and (2) the analytical
results from the leachate sampling (see Condition VII.F.8 of this Approval)
[40 C.F.R. § 761.75(c)(3)(ii)].
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4. Disposal of Leachate
a. US Ecology shall either treat the leachate to acceptable limits for discharge in
accordance with a State or Federal permit, or dispose of it by another State or
Federally approved method [40 C.F.R. § 761.75(b)(7)],
H. Inspection Requirements for Landfill Units
1. US Ecology shall inspect Trench 11 and Trench 12 in accordance with (1)
Section 7.0, Facility Inspection, of the Facility Operations Plan, dated February
2011 (Revision 3), and with (2) the Facility Inspection Plan, US Ecology
Nevada, dated March 2010 (Revised May 2011). The Facility Operations Plan is
contained in Appendix B-l of this Approval and the Facility Inspection Plan is
contained in Appendix B-6 of this Approval. Inspections shall be carried out on
a daily, weekly or monthly schedule as specified in the above referenced plans
[40 C.F.R. § 761.75 (c)(3)(ii)].
2. US Ecology shall, during the active life of the landfills, conduct inspections of
Trench 11 and Trench 12 that, at a minimum, address the following [40 C.F.R. §
761.75 (c)(3 )(ii)]:
a. Ensures adequate daily cover to protect against erosion and wind dispersal;
b. Looks for presence of standing water;
c. Ensures that all drums and bulk materials are covered properly;
d. Ensures minimum level of dust emissions;
e. Ensures safety and fire control equipment readily available;
f. Ensures equipment utilized during unloading is stored inside the disposal area
during non-working hours;
g. Looks for signs of tears/damage to synthetic liners;
h. Ensures compatibility cells are clearly marked;
i. Looks for signs of material leakage;
j. Checks for deterioration, malfunctions, or improper operation of the run-on
and run-off control systems including the run-on control ditches;
k. Checks for proper functioning of wind dispersal control systems, where
present; and
1. Checks for the presence of leachate in and proper functioning of leachate
collection and removal systems.
3. US Ecology shall conduct inspections of Trench 11 and Trench 12 within 24
hours or on the next business day after a storm event of 0.25 inches or greater to
detect evidence of any of the following [40 C.F.R. § 761.75(c)(3)(ii)]:
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a. Signs of instability or erosion in above grade dikes;
b. Erosion of daily cover applied for wind dispersal and areas of exposed waste;
c. Deterioration, malfunction, or improper operation of the run-on and run-off
system; and
d. The presence of leachate in, and the proper functioning of, the leachate
collection and removal system.
4. US Ecology shall evaluate and address all deficiencies identified during the
inspections of Trench 11 and Trench 12 in accordance with (1) Section 7.0,
Facility Inspection, of the Facility Operations Plan, dated February 2011
(Revision 3), and with (2) the Facility Inspection Plan, US Ecology Nevada,
dated March 2010 (Revised May 2011). The Facility Operations Plan is
contained in Appendix B-l of this Approval and the Facility Inspection Plan is
contained in Appendix B-6 of this Approval [40 C.F.R. § 761.75(c)(3)(ii)].
5. US Ecology shall document all inspections of Trench 11 and Trench 12 using the
inspection report forms contained in the Facility Inspection Plan, US Ecology
Nevada, dated March 2010 (Revised May 2011). The Facility Inspection Plan is
contained in Appendix B-6 of this Approval. US Ecology shall also document
actions taken to address any deficiencies identified during the inspections [40
C.F.R. § 761.75(c)(3)(ii)].
I. Closure of Landfill Units
1. US Ecology shall notify U.S. EPA in writing at least 60 days prior to the date it
expects to begin closure of any of the landfill units [40 C.F.R. § 761.75(c)(3)(ii)].
2. US Ecology shall begin closure activities for an active landfill within 60 days of
when the unit reaches its maximum disposal capacity [40 C.F.R. §
761.75 (c)(3 )(ii)].
3. US Ecology shall conduct final closure activities for Trench 11 and/or Trench 12
in accordance with the Closure Plan, US Ecology Nevada, September 2010
contained in Appendix B-7 of this Approval. The September 2010 Closure Plan
is the most current version available at the time of issuance of this Approval [40
C.F.R. § 761.75(c)(3)(ii)].
4. US Ecology shall submit to U.S. EPA a revised Closure Plan reflecting current
operating conditions at the Facility at least 180 days prior to the anticipated
beginning of closure activities. The revised Closure Plan must undergo the
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Approval modification process described in Subsection VIII. A prior to
implementation. The Trench 11 closure is exempt from this requirement if
closure activities begin within 180 days of the effective date of this Approval [40
C.F.R. § 761.75(c)(3)(ii)].
5. US Ecology may petition U.S. EPA to forgo submittal of a revised Closure Plan
as required by this Condition. If US Ecology intends to submit a petition, it shall
be submitted to U.S. EPA at least 180 days prior to the anticipated beginning of
closure activities. To be successful, US Ecology and/or the State of Nevada must
demonstrate to U.S. EPA's satisfaction that there have not been significant
changes to operating conditions at the Facility that would warrant revisions to the
Closure Plan. U.S. EPA must approve the petition in writing prior to
implementation of the Closure Plan. If U.S. EPA denies the petition, US
Ecology shall comply with the requirement of Condition VII.I.4 [40 C.F.R. §
761.75 (c)(3 )(ii)
6. Notwithstanding the requirements set forth in Condition VII. 1.4 above, US
Ecology shall submit a request to U.S. EPA to modify the Closure Plan pursuant
to Subsection VIII. A of this Approval within 30 days of the following [40 C.F.R.
§ 761.75 (c)(3 )(ii)]:
a. Changes in ownership, operating plans, or facility design that affect the
Closure Plan;
b. There is a change in the expected date of closure, if applicable;
c. In conducting closure activities, unexpected events require a modification of
the Closure Plan; or
d. Changes to the regulations that affect the Closure Plan.
7. To the extent US Ecology is unable or unwilling to perform any of the closure
activities specified in this subsection, the State of Nevada as site Owner and co-
permittee, upon written notification from U.S. EPA, shall conduct such closure
activities in accordance with the requirements of this Approval [40 C.F.R. §
761.65(d)(4)(iv), 40 C.F.R. § 761.75(c)(3)(ii)].
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J. Post-Closure Care for Landfill Units
1. US Ecology shall conduct post-closure care for the Trench 11 and Trench 12
landfills. Post-closure care shall begin after final closure is certified complete for
each unit and continue for 30 years after the date of closure of Trench 12 [40
C.F.R. § 761.75(c)(3)(ii)].
2. US Ecology shall, after the final closure is certified complete, follow the
procedures in the Post-Closure Care Plan, US Ecology Nevada, September 2010
contained in Appendix B-8 of this Approval [40 C.F.R. § 761.75(c)(3)(ii)].
3. US Ecology shall monitor and sample the groundwater throughout the post-
closure care period following the procedures specified Subsection VII.F of this
Approval [40 C.F.R. § 761.75(c)(3)(ii)].
4. US Ecology shall monitor, sample and pump leachate throughout the post-
closure care period following the procedures specified in Subsection VII.G. of
this Approval [40 C.F.R. § 761.75(c)(3)(ii)].
5. US Ecology shall inspect and maintain the groundwater monitoring system and
leachate collection system throughout the post-closure care period [40 C.F.R. §
761.75(c)(3)(ii)].
6. US Ecology shall maintain the integrity and effectiveness of the final cover,
including making repairs to the cap, as necessary, to correct the effects of
settling, subsidence, erosion, or other events throughout the post-closure care
period [40 C.F.R. § 761.75(c)(3)(ii)].
7. US Ecology shall prevent run-on and run-off from eroding or otherwise
damaging the final cover and protect and maintain surveyed benchmarks such
that they can be used to determine landfill elevations throughout the post-closure
care period [40 C.F.R. § 761.75(c)(3)(ii)].
8. US Ecology shall annually survey the elevation of the closure caps to verify that
the caps are not eroding or is otherwise being compromised and include the
results in the annual report required by Condition IV. N.5.a. The annual report
shall be submitted to U.S. EPA by July 15 of each year throughout the post-
closure care period [40 C.F.R. § 761.75(c)(3)(ii)].
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9. At least eighteen months prior to the end of the most recent post-closure care
period, US Ecology shall submit to U.S. EPA an Approval modification request,
in accordance with Subsection VIII. A of this Approval, that contains an updated
post-closure care plan the renews the post-closure care period for an additional
thirty years. The modification request shall also include a revised post-closure
care cost estimate and corresponding financial assurance mechanism. US
Ecology shall continue to submit 30-year post-closure renewal modification
requests until such time that U.S. EPA determines that post-closure care is no
longer necessary. Until such time that U.S. EPA takes final action on any
Approval modification request submitted pursuant to this Condition, US Ecology
shall continue post-closure care activities consistent with its current post-closure
care plan [40 C.F.R. § 761.65(d)(4)(iv), 40 C.F.R. § 761.75(c)(3)(ii)].
10. To the extent US Ecology is unable or unwilling to perform any of the post-
closure care activities specified in this subsection, the State of Nevada as site
Owner and co-permittee, upon written notification from U.S. EPA, shall conduct
such post-closure care activities in accordance with the requirements of this
Approval [40 C.F.R. § 761.65(d)(4)(iv), 40 C.F.R. § 761.75(c)(3)(ii)].
VIII. Procedures to Modify, Transfer, Revoke, Suspend, Deny, Continue or Renew
Approval
The filing of a request by US Ecology for an Approval modification, revocation or
termination, or the notification of planned changes or anticipated noncompliance on the
part of US Ecology, does not stay the applicability or enforceability of any Approval
condition. The Approval conditions for this Section are being required pursuant to the
TSCA regulations at 40 C.F.R. § 761.65(d)(4)(iv) and 40 C.F.R. § 761.75(c)(3)(ii).
A. Modifications
1. Modifications to this Approval Initiated by U.S. EPA
U.S. EPA may modify this Approval for any of the causes identified below. In
modifying this Approval for cause, U.S. EPA may request an updated application
from U.S. Ecology as necessary. U.S. EPA must follow the applicable
procedures set forth in Condition VIII.A.2.c-d when modifying the Approval for
cause.
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a. Causes for Modifications by U.S. EPA
The following are causes for modification of this Approval:
(1) Alterations. There are material and substantial alterations or additions
to the Facility or activity which occurred after the Approval was issued
which justify the application of conditions that are different or absent in
the existing Approval.
(2) Information. U.S. EPA has received new or different information that
was not available or not provided at the time of Approval issuance that
would have justified the application of different Approval conditions at
the time of issuance.
(3) New statutory requirements or regulations. The standards or
regulations on which the Approval was based have been changed by
statute, through promulgation of new or amended regulations, or by
judicial decision after the Approval was issued.
(4) Compliance and/or construction schedules. U.S. EPA determines
good cause exists for modification of a compliance and/or construction
schedule, such as an act of God, strike, flood, or materials shortage or
other events over which US Ecology has little or no control and for
which there is no reasonably available remedy.
2. Modifications to this Approval Requested by US Ecology
a. Approval modifications for US Ecology are divided into three classifications:
Class 1, Class 2 and Class 3. The classifications determine the procedure US
Ecology must follow to modify the Approval. Appendix A of this Approval
lists the proposed modifications and corresponding classifications.
b. Class 1 Approval Modification Procedures
(1) Except as provided in Condition VIII.A.2.b(2) , US Ecology may put
into effect Class 1 modifications listed in Appendix A of this Approval
under the following conditions:
(a) US Ecology must notify U.S. EPA concerning the modification by
certified mail or other means that establish proof of delivery within
7 calendar days after the change is put into effect. This notice
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must specify the changes being made to Approval conditions or
supporting documents referenced by the Approval and must
explain why they are necessary;
(b) US Ecology must send a notice of the modification to all persons
on the Facility mailing list. This notification must be made within
90 calendar days after the change is put into effect. For the Class 1
modifications that require prior U.S. EPA approval, the
notification must be made within 90 calendar days after U.S. EPA
approves the request. The notice will have to be translated into
another language (e.g., Spanish) if U.S. EPA determines that the
demographics of the community surrounding the Facility requires
translation for full public participation. If this is the case, both the
English and translated versions of the notice should be sent to all
persons on the mailing list; and
(c) Any person may request U.S. EPA to review, and U.S. EPA may
for cause reject, any Class 1 modification. U.S. EPA must inform
US Ecology by certified mail if a Class 1 modification has been
rejected, explaining the reasons for the rejection. If a Class 1
modification has been rejected, US Ecology must comply with the
original Approval conditions.
(2) Class 1 permit modifications identified in Appendix A by an asterisk
may be made only with the prior written approval of U.S. EPA.
(3) For a Class 1 Approval modification, US Ecology may elect to follow
the procedures for Class 2 modifications instead of the Class 1
procedures. US Ecology must inform U.S. EPA of this decision in the
notice required in Condition VIII.A.2.b(l)(a).
c. Class 2 Approval Modification Procedures
(1) For Class 2 modifications, listed in Appendix A of this Approval, US
Ecology must submit a modification request to U.S. EPA that:
(a) Describes the exact change to be made to the Approval conditions
and supporting documents referenced by the Approval;
(b) Identifies that the modification is a Class 2 modification;
(c) Explains why the modification is needed; and
(d) Provides applicable supporting information and documentation.
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(2) US Ecology must send a notice of the modification request to all
persons on the Facility mailing list and to the appropriate units of State
and local government and must publish this notice in a major local
newspaper of general circulation. This notice must be mailed and
published within 7 days before or after the date of submission of the
modification request, and US Ecology must provide U.S. EPA with
evidence of the mailing and publication. The notice will have to be
translated into another language (e.g., Spanish) if U.S. EPA determines
that the demographics of the community surrounding the Facility
requires translation for full public participation. If this is the case, both
the English and translated versions of the notice should be sent to all
persons on the mailing list. The notice must include:
(a) Announcement of a 60-day comment period, and the name and
address of a U.S. EPA contact to whom comments must be sent;
(b) Announcement of the date, time, and place for a public meeting;
(c) Name and telephone number of US Ecology's contact person;
(d) Name and telephone number of a U.S. EPA contact person; and
(e) Location where copies of the modification request and any
supporting documents can be viewed and copied.
(3) US Ecology must place a copy of the Approval modification request
and supporting documents in a location accessible to the public in the
vicinity of the Facility.
(4) US Ecology must hold a public meeting no earlier than 15 days after
the publication of the notice required in Condition VIII.A.2.c(2) and no
later than 15 days before the close of the 60-day comment period. The
meeting must be held to the extent practicable in the vicinity of the
Facility.
(5) The public shall be provided 60 days to comment on the modification
request. The comment period will begin on the date US Ecology
publishes the notice in the local newspaper. Comments should be
submitted to the U.S. EPA contact identified in the public notice.
(6) No later than 90 days after receipt of the notice of modification request,
U.S. EPA must:
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(a) Approve the modification request, with or without changes, and
modify the Approval accordingly;
(b) Deny the request;
(c) Determine that the modification request must follow the
procedures for Class 3 modifications for the following reasons:
(i) There is significant public concern about the proposed
modification; or
(ii) The complex nature of the change requires the more extensive
procedures of Class 3.
(d) Approve the request, with or without changes, as a temporary
authorization having a term of up to 180 days, or
(e) Notify US Ecology that U.S. EPA will decide on the request within
the next 30 days.
(7) If U.S. EPA notifies US Ecology of a 30-day extension for a decision,
the U.S. EPA must, no later than 120 days after the notice of
modification request:
(a) Approve the modification request, with or without changes, and
modify the Approval accordingly;
(b) Deny the request;
(c) Determine that the modification request must follow the
procedures for Class 3 modifications for the following reasons:
(i) There is significant public concern about the proposed
modification; or
(ii) The complex nature of the change requires the more extensive
procedures of Class 3.
(d) Approve the request, with or without changes, as a temporary
authorization having a term of up to 180 days.
(8) If U.S. EPA fails to make one of the decisions specified in Condition
VIII.A.2.c(7) by the 120th day after receipt of the notice of
modification request, US Ecology is automatically authorized to
conduct the activities described in the modification request for up to
180 days, without formal U.S. EPA action. The authorized activities
must be conducted as described in the Approval modification request
and must be in compliance with all appropriate standards of 40 C.F.R.
Part 761. If U.S. EPA approves, with or without changes, or denies the
modification request during the term of the temporary or automatic
authorization provided for in Conditions VIII.A.2.c(6)(d),
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VIII.A.2.c(7)(d) and VIII.A.2.c(8), such action cancels the temporary
or automatic authorization.
(a) In the case of an automatic authorization under Condition
VIII. A.2.c(8), or a temporary authorization under Conditions
VIII.A.2.c(6)(d) or VIII.A.2.c(7)(d), if U.S. EPA has not made a
final approval or denial of the modification request by the date 50
days prior to the end of the temporary or automatic authorization,
US Ecology must within seven days of that time send a notification
to persons on the Facility mailing list, and make a reasonable effort
to notify other persons who submitted written comments on the
modification request, that:
(i) US Ecology has been authorized temporarily to conduct the
activities described in the Approval modification request, and
(ii) Unless U.S. EPA acts to give final approval or denial of the
request by the end of the authorization period, US Ecology
will receive authorization to conduct such activities for the life
of the Approval.
(b) If US Ecology fails to notify the public by the date specified in
Condition VIII.A.2.c(8)(a), the effective date of the permanent
authorization will be deferred until 50 days after US Ecology
notifies the public.
(9) Except as provided in Condition VIII.A.2.c(l 1), if U.S. EPA does not
approve or deny a modification request before the end of the automatic
or temporary authorization period or reclassify the modification as
Class 3, US Ecology is authorized to conduct the activities described in
the Approval modification request for the life of the Approval unless
modified later using these procedures. The activities authorized under
this Condition must be conducted as described in the Approval
modification request and must be in compliance with all appropriate
standards of 40 C.F.R. Part 761.
(10) In making a decision to approve or deny a modification request,
including a decision to issue a temporary authorization or to reclassify a
modification as Class 3, U.S. EPA must consider all written comments
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submitted to the U.S. EPA during the public comment period and must
respond in writing to all significant comments in the final decision.
(11) With the written consent of US Ecology, U.S. EPA may extend
indefinitely or for a specified period the time periods for final approval
or denial of a modification request or for reclassifying a modification as
Class 3.
(12) U.S. EPA may deny or change the terms of a Class 2 Approval
modification request under Conditions VIII.A.2.c(6) through c(8) for
the following reasons:
(a) The modification request is incomplete;
(b) The requested modification does not comply with the appropriate
requirements of 40 C.F.R. Part 761 or other applicable
requirements; or
(c) The conditions of the modification fail to adequately protect
human health and the environment.
(13) US Ecology may perform any construction associated with a Class 2
Approval modification request beginning 120 days after the submission
of the request unless U.S. EPA establishes a later date for commencing
construction and informs US Ecology in writing before day 120.
d. Class 3 Approval Modification Procedures
(1) For Class 3 modifications listed in Appendix A of this Approval, US
Ecology must submit a modification request to U.S. EPA that:
(a) Describes the exact change to be made to the Approval conditions
and supporting documents referenced by the Approval;
(b) Identifies that the modification is a Class 3 modification;
(c) Explains why the modification is needed; and
(d) Provides applicable supporting information and documentation.
(2) US Ecology must send a notice of the modification request to all
persons on the Facility mailing list and to the appropriate units of State
and local government and must publish this notice in a major local
newspaper of general circulation. This notice must be mailed and
published within 7 days before or after the date of submission of the
modification request, and US Ecology must provide to U.S. EPA
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evidence of the mailing and publication. The notice will have to be
translated into another language (e.g., Spanish) if U.S. EPA determines
that the demographics of the community surrounding the Facility
requires translation for full public participation. If this is the case, both
the English and translated versions of the notice should be sent to all
persons on the mailing list. The notice must include:
(a) Announcement of a 60-day comment period, and the name and
address of a U.S. EPA contact to whom comments must be sent;
(b) Announcement of the date, time, and place for a public meeting;
(c) Name and telephone number of US Ecology's contact person;
(d) Name and telephone number of a U.S. EPA contact person; and
(e) Location where copies of the modification request and any
supporting documents can be viewed and copied.
(3) US Ecology must place a copy of the Approval modification request
and supporting documents in a location accessible to the public in the
vicinity of the Facility.
(4) US Ecology must hold a public meeting no earlier than 15 days after
the publication of the notice required in Condition VIII.A.2.d(2) and no
later than 15 days before the close of the 60-day comment period. The
meeting must be held to the extent practicable in the vicinity of the
Facility.
(5) The public shall be provided 60 days to comment on the modification
request. The comment period will begin on the date US Ecology
publishes the notice in the local newspaper. Comments should be
submitted to the U.S. EPA contact identified in the public notice.
(6) U.S. EPA will consider and respond to all comments received during
the 60-day comment period and will either grant or deny the Approval
modification request.
e. Other Modifications
(1) In the case of modifications not explicitly listed in Appendix A of this
Approval, US Ecology may submit a Class 3 modification request to
U.S. EPA, or it may request a determination by U.S. EPA that the
modification should be reviewed and approved as a Class 1 or Class 2
modification. If US Ecology requests that the modification be
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classified as a Class 1 or 2 modification, it must provide U.S. EPA with
the necessary information, as determined by U.S. EPA, to support the
requested classification.
(2) U.S. EPA shall make the determination described in Condition
VIII.A.2.e(l) as promptly as practicable. In determining the
appropriate class for a specific modification, U.S. EPA shall consider
the similarity of the modification to other modifications codified in
Appendix A and the following criteria:
(a) Class 1 modifications apply to minor changes that keep the
Approval current with routine changes to the Facility or its
operation. These changes do not substantially alter the Approval
conditions or reduce the capacity of the Facility to protect human
health or the environment. In the case of Class 1 modifications,
U.S. EPA may require prior approval.
(b) Class 2 modifications apply to changes that are necessary to enable
US Ecology to respond in a timely manner to:
(i) Common variations in the types and quantities of the wastes
managed under the Facility Approval;
(ii) Technological advancements; or
(iii) Changes necessary to comply with new regulations, where
these changes can be implemented without substantially
changing design specifications or management practices in the
Approval.
(c) Class 3 modifications substantially alter the Facility or its
operation.
B. Transfer of Ownership
1. At least 30 days prior to the proposed transfer of ownership of the property or the
proposed transfer of the right to operate PCB management activities at the
Facility, US Ecology shall:
a. Submit notice to U.S. EPA that includes a notarized affidavit signed by the
transferee which states that the transferee will abide by this Approval [40
C.F.R. § 761.65Q) and 40 C.F.R. § 761.75(c)(7)]; and
US Ecology Nevada, Inc.
Proposed TSCA Approval
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b. Provide the financial assurance for closure and post-closure that the transferee
will have in effect as of the date of proposed transfer.
2. The date of transfer of this Approval shall be the date U.S. EPA provides written
approval of the transfer.
C. Revoke, Suspend or Deny Renewal
1. U.S. EPA may issue a notice of deficiency, suspend or terminate this Approval,
deny an Application for Approval renewal, or take an enforcement action, if U.S.
EPA determines that one or more of the following conditions have occurred [40
C.F.R. § 761.65(d)(4)(iv)]:
a. Noncompliance with the conditions of this Approval or with the PCB
regulations at 40 C.F.R. Part 761;
b. Failure by US Ecology in the Approval application or Approval issuance
process to disclose fully all relevant facts, or US Ecology's misrepresentation
of any relevant facts at any time;
c. U.S. EPA's issuance of new regulations, standards or guidance for issuing
PCB approvals; or
d. The PCB waste management process is being operated in a manner which
may result in an unreasonable risk to human health and the environment.
2. U.S. EPA shall provide 30-day notice to US Ecology of the condition(s)
warranting the proposed termination or suspension. U.S. EPA will not terminate
or suspend the Approval if US Ecology can sufficiently demonstrate within the
30-day period to U.S. EPA's satisfaction that it has eliminated or corrected the
condition(s) warranting the termination or suspension. See 5 U.S.C. § 558(c).
D. Continuation
1. The conditions of this Approval shall continue beyond the expiration date if:
a. US Ecology has submitted an Application for renewal to U.S. EPA in
accordance with Subsection VIII.E of this Approval; and
b. U.S. EPA, through no fault of US Ecology, does not issue a new Approval
with an effective date on or before the expiration date of this Approval.
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E. Renewal or Closure
1. US Ecology shall, at least 180 days, but not more than 270 days, prior to
expiration of this Approval, submit to U.S. EPA either a written notice of its
intent to seek renewal of the Approval or a revised Closure Plan to initiate the
closure process for the Facility. The written notice shall consist of an application
that includes all documents necessary to satisfy the requirements for a TSCA
PCB Approval under 40 C.F.R. Part 761. If US Ecology intends to close the
Facility, the Closure Plan included as part of this Approval in Appendix B-7 shall
be revised to reflect current operating conditions at the Facility. The revised
Closure Plan must undergo the Approval modification process described in
Subsection VIII. A prior to implementation.
IX. Definitions
Unless otherwise defined below, all the terms and acronyms used in this Approval shall
have the same definitions as those set forth in 40 C.F.R. § 761.3 of the TSCA.
1. "Approval" means this TSCA Approval to operate a facility that manages PCBs.
2. "C.F.R." means the Code of Federal Regulations.
3. "Closure Plan" means the Closure Plan for the Facility.
4. "Day" means a calendar day unless otherwise stated as an operating day.
5. "Facility" means the US Ecology hazardous waste management facility located near
Beatty, Nevada.
6. "Facility Mailing List" means the list persons, organizations and government
agencies that will receive copies of correspondence related to the TSCA Approval.
7. "Independent Third Party" means a contractor hired by US Ecology to perform work
at the Facility.
8. "Information Repository" means the reference desk of the local Library.
9. "Local Library" means the library located in Beatty, Nevada. Information sent to the
library should be directed to the reference desk.
10. "mg/L" means milligrams per liter or parts per million.
11. "Mil" means one thousandth of an inch.
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12. "NDEP" means the Nevada Division of Environmental Protection.
13. "Operator" means US Ecology Nevada.
14. "PCB or PCBs" means any chemical substance that is limited to the biphenyl
molecule that has been chlorinated to varying degrees or any combination of
substances which contains such substance.
15. "PCB Item" means any PCB Article, PCB Article Container, PCB Container, PCB
Equipment, or anything that deliberately or unintentionally contains or has as a part
of it any PCB or PCBs.
16. "PPM" means parts per million or milligrams per kilogram.
17. "State RCRA Permit" means the NDEP permit issued to US Ecology for
management of hazardous wastes.
18. "TSCA" means Toxic Substances Control Act, 15 USC 2601 etseq. as implemented
by 40 C.F.R. Part 761.
19. "U.S. EPA" means the United States Environmental Protection Agency, Region 9
Office.
20. "Waste Management Units" means the following units at the US Ecology Nevada
Facility that manage PCB wastes: PCB Storage and Processing Building, PCB Tank
Farm, PCB Tank Truck Loading Pad (to be constructed), Stabilization Tanks 4 and 5
("Treatment Pans"), Evaporation Tank, Trench 11 Landfill, and Trench 12 Landfill.
July 25, 2012
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U.S. Ecology
Nevada
US Ecology
Figure 1. Site Location Map, US Ecology Nevada
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US Ecology Nevada, Inc.
Proposed TSCA Approval
July 25, 2012
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Figure 2. Map of PCB Units Proposed for Approval, US Ecology Nevada
* Approximate Location of future PCB' Tank Truck Loading Pad
~
MW-313
M«13 MW-318
MW 325 MW 326 HW-327
Figure 3. Groundwater Monitoring Wells, US Ecology Nevada
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