Approval for Commercial Storage of Polychlorinated
Biphenyls
Veolia Environmental Services Technical Solutions,
L.L.C.
Phoenix, Arizona
EPA ID: AZ0000337360
Issued by
EPA Region 9
San Francisco, California
September 30, 2015
-------
f
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION IX
75 Hawthorne Street
San Francisco. CA 94105
September 30, 2015
APPROVAL FOR A TOXIC SUBSTANCES CONTROL ACT
POLYCHLORINATED BIPHENYLS COMMERCIAL STORAGE FACILITY
FACILITY: Veolia
EPA ID Number: AZ0000337360
The United States Environmental Protection Agency, Region 9 (EPA) is renewing and modifying
a Toxic Substances Control Act (TSCA) Approval issued to Veolia Environmental Services
Technical Solutions, L.L.C. (Veolia), as site operator to continue to operate a commercial storage
facility for polychlorinated biphenyls (PCB), located at 5736 West Jefferson Street in Phoenix,
Maricopa County, Arizona (Facility) (see Figure 1, Veolia Site Vicinity Map; and Figure 2, Veolia
Site Boundary). This Approval is being issued pursuant to Section 6(e)(1) of 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 authorizes Veolia to store PCB wastes at their Facility.
Veolia shall comply with and operate the Facility in accordance with (1) all terms and conditions
of this Approval as stated herein, (2) documents incorporated by reference into this Approval, and
(3) the PCB regulations at 40 C.F.R. Part 761, including any future modifications thereto. All
terms and conditions of this Approval are severable. If any provision of this Approval is
determined to be invalid, Veolia shall be subject to all remaining conditions.
The conditions in this Approval are based on the EPA-approved renewal application, prepared by
URS Corporation on behalf of Veolia, titled "TSCA Section 6(e) PCB Commercial Storage
Renewal Application, Revision 10" revised in June 2015 (Renewal Application). Inaccuracies
found in the written information provided by Veolia as part of its Renewal Application may be
grounds for the termination or modification of this Approval.
Veolia is currently operating under an Approval to manage PCB wastes issued by EPA on
December 15, 1994 (1994 Approval). This document can be found in Appendix A. The 1994
Approval was issued to Salesco Systems USA, Inc. (Salesco), and expired on December 31, 1999.
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 on January 9,
2008. The Regional Administrator further delegated authority to issue Approval to the
Director of the Land Division (modified from Waste Management Division) by EPA
Regional Order R9-12-5 issued on October 10, 2014.
li
-------
In May 2000, Salesco sold its assets, including the Facility, to Superior Special Services, Inc.
(SSS). On January 1, 2003, SSS changed its name to Onyx Special Services Inc. (OSS). On
January 1, 2005, OSS changed its name to Onyx Environmental Services, L.L.C. (OES). On July
1, 2006, OES officially changed its name to Veolia.
Applications to renew the 1994 Approval were submitted by: Salesco in December 1999; SSS in
September 2001; OSS in April 2003 and April 2004; OES in October 2005; and Veolia in 2009.
Veolia submitted subsequent revisions in 2010, 2011, 2012, and 2013. The revisions were later
superseded by Veolia's Renewal Application, Revision 10, dated June 2015 (AppendixB). Veolia
shall continue to operate under the 1994 Approval until EPA makes a final decision on the Renewal
Application.
This Approval, subject to its terms and conditions, authorizes Veolia to store and process PCB
waste at the Facility, for subsequent off-site disposal, in the following designated units:
Approved PCB Units and Maximum Capacities
Unit Name
Maximum Unit
Storage Capacity
Maximum Permitted
Storage Capacity for the
Facility
Building 2 Storage Pod
41.59 cubic yards
(8,400 gallons)
218 cubic yards
(44,190 gallons)
Building 2 Curbed Storage
Area
20.79 cubic yards
(4,200 gallons)
Building 3 Curbed
Storage & Processing Area
228.76 cubic yards
(46,200 gallons)
Building 4 Storage Pod
16 cubic yards
(3,232 gallons)
The Maximum Total Storage Capacity is less than the sum of the storage capacities of each unit.
The volume of PCB s stored within each unit shall not exceed the maximum unit storage capacity.
The volume of PCB s stored at the Facility shall not exceed the maximum total storage capacity.
The units at the Facility being approved under TSCA for storage and processing of PCBs are
depicted in Figure 3, PCB Storage and Processing Areas.
Other TSCA PCB waste management activities authorized by this Approval include, but are not
limited to:
Transitory storage of PCBs in the receiving area in Building 2;
Donning and removal of personal protective equipment (PPE) in a designated
personnel decontamination station in Building 3; and
Decontamination of non-porous surfaces recovered from electrical equipment
containing PCBs.
in
-------
LP \ has determined thai ihe manuueitieM of PC'I3» ai llii< f uciliix docs not pine an unreason.; We
tisk of iiijtirx to human henHi or (he environment. F.PA\ detcrminaiion is documented in ihe
Statement of BcsK dak d June 1 !, 21) I 5,
I bis \pproval will he clfeilivc inmtcdialch upon -u-jiuuure and \\ ill remain in eU'eel lot1 ll! \e;ns
from die dale of signature, unless modified, renewed, .suspended or terminated in aeeoidaitee with
40 C .1 ,R, fail l(i 1 in'(he \pprn\ ai conditions herein. \m amendments in ihis Appnn j| or lo ihe
incorporated supporting plans ate suhjea lo die modil ication reqihicmcnK contained in section
V11. of ibis document. II' Vcoiia w ivhes io continue an adiviiy allowed In (his Appro\ ,tl alter
die expiration date. Veoiia siia 11 submit a complete application lor renew a I to I PA at !e,o>: ! Nil
days, bui uni more than 2 70 days, prior lo the expiration U.ae(see Section Vli.i ). ! t'.\ m.t\ lettuirc
die submission of additional inlo> malion in connection with any renewal application. Ii Ycolia
does no! intend to seek a leneuat oi'tiiis \ppro\'aI alter Ihe espiuition date. Vcoliu shall submit to
HP \ ai leu si (Nil da\s. bui noi more than J 70 dux >. prior U' ihe expiration dute. n revised C !o>ure
Plan lo initiate the closure process lor the Faetlih (see Sect ion VI [J S.
1 his Approval does not telieve Veoiia from compliance with all applkaMe federal, sure and local
reraiialor) requirements.
Dale
/
Ditw tor
I and l)h i-sion
a
-------
Contents
I Introduction 1
E Facility Description 2
IE Scope and Limitations of Approval 3
IV. General Approval Conditions 3
A. Approval Compliance 3
B. General Requirements 4
C. General PCB Waste Management 5
D. Waste Management 5
E. Personnel Training 6
F. Health and Safety Requirements 6
G. Emergency Preparedness and Spill Cleanup 6
H. Entry and Agency Inspection 10
I. General Inspection Requirements 10
J. Security 11
K. Closure Cost Estimate 11
L. Financial Assurance for Closure 13
M. Recordkeeping and Reporting 13
V. Conditions for Storage and Processing of PCBs and PCB Items 15
A. Unit Descriptions 15
B. Operational and Regulatory Requirements for Storage 15
C. Approved PCB Storage Units and Storage Capacity 16
D. Design Requirements for PCB Storage Areas 16
E. PCB Storage in Containers 17
F. PCB Storage Marking and Labeling 18
G. Sampling of PCB Storage and Processing Building 18
H. Closure of Storage Areas 19
VI PCB Processing 21
A. Unit Description 21
B. Operational and Regulatory Requirements for Processing 22
C. Draining and Flushing of PCBs 25
v
-------
D. Aboveground Tank Requirements 26
VII Procedures to Modify, Transfer, Revoke, Suspend, Deny, Continue or Renew
Approval 27
A. Modifications 27
B. Transfer of Ownership 34
C. Revocation, Suspension, or Denial of Approval 34
D. Continuation of Approval 35
E. Renewal of Approval or Closure 35
VIE Definitions 35
Appendix G- Approval Modification Classifications 46
Figures
Figure 1 - Veolia Site Vicinity Map
Figure 2 - Veolia Site Boundary
Figure 3 - PCB Storage and Processing Area
Appendices
Appendix A - Commercial PCB Storage and Lighting Ballast Recycling Approval, EPA ID AZD
983473539 (December 15, 1994)
Appendix B - TSCA Section 6(e) PCB Commercial Storage Renewal Application, Revision 10,
June 2015
Appendix C - Notice of Deficiencies and Responses
Appendix D - Notice of Violation and Information Request Pursuant to the Toxic Substances
Appendices
Appendix A - Commercial PCB Storage and Lighting Ballast Recycling Approva
983473539 (December 15, 1994)
Appendix B - TSCA Section 6(e) PCB Commercial Storage Renewal Applicatic
June 2015
Appendix C - Notice of Deficiencies and Responses
Appendix D - Notice of Violation and Information Request Pursuant to the T<
Control Act
Appendix E - Endangered Species Act Determination
Appendix F - State Historic Preservation Officer Concurrence with EPA Finding
Appendix G - Approval Modification Classifications
VI
-------
Veolia, Phoenix, Arizona
TSCA Approval
September 30, 2015
Modification 0
1 Introduction
The Veolia Environmental Services Technical Solutions, L.L.C. facility (Veolia), located
at 5736 West Jefferson Street in Phoenix, Maricopa County, Arizona (Facility), is currently
managing poly chlorinated biphenyl (PCB) waste under the Commercial PCB Storage and
Lighting Ballast Recycling Approval EPA IDAZD 983473539 issued by the United States
Environmental Protection Agency, Region 9 (EPA) on December 15, 1994 (1994
Approval). The 1994 Approval was 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 761.
A copy of the 1994 Approval is presented in Appendix A.
The 1994 Approval was issued to Salesco Systems USA, Inc. Arizona (Salesco). In May
2000, Salesco sold its assets to Superior Special Services, Inc. (SSS). On January 1, 2003,
SSS changed its name to Onyx Special Services Inc. (OSS). On January 1, 2005, the
Facility ownership was transferred from OSS to Onyx Environmental Services, L.L.C.
(OES). On July 1, 2006, OES changed its name to Veolia.
The 1994 Approval expired on December 31,1999. In December 1999, Salesco submitted
an application to renew the 1994 Approval prior to its expiration. Applications and
subsequent revisions were also submitted by the following:
SSS in September 2001;
OSS in April 2003 and April 2004;
OES in October 2005; and
Veolia in June 2009, July 2010, April 2011, November 2012, and April 2013.
These revisions were superseded by the TSCA Section 6(e) PCB Commercial Storage
Renewal Application, Revision 10, dated June 2015 (Renewal Application). A copy of the
Renewal Application is presented in Appendix B. EPA has evaluated the Renewal
Application and is issuing this TSCA Approval to Veolia. Veolia shall continue to operate
under the 1994 Approval (Appendix A) until this TSCA Approval becomes effective.
Based on its review of the most recent submittal of the Renewal Application (Appendix
B); responses and supplemental materials submitted as a result of Notice of Deficiency
(NOD) #1 dated August 17, 2009, NOD #2 dated January 4, 2011, NOD #3 dated April 13,
2012, and NOD #4 dated August 28, 2014 (Appendix C); inspections and resolution of the
latest notice of violation (Appendix D); results of the Endangered Species Act (ESA)
Determination (Appendix E); EPA's outreach to tribal leaders that concluded that no
culturally significant or religious sites are affected by this undertaking in accordance with
the National Historical Preservation Act (Appendix F); and EPA site visits including the
latest ones conducted on August 3, 2012, September 19,2012, and December 4,2012, EPA
1
-------
Veolia, Phoenix, Arizona
TSCA Approval
September 30, 2015
Modification 0
has determined that the management of PCBs at this Facility does not pose an unreasonable
risk of injury to human health or the environment. EPA's determination is documented in
the Statement of Basis dated June 11, 2015.
D. Facility Description
A. Background
The Facility began waste handling operations in 1991. Salesco initiated waste reduction
and recycling activities at the Facility in October 1991. Salesco was issued the initial
TSCA Approval for PCB-related operations in 1994. Salesco conducted similar waste
management activities that currently take place at Veolia. Ballast processing, which
involves disassembly of PCB-containing ballasts, also took place at the Facility beginning
in 1994. PCB ballast processing no longer takes place at the Facility; however, Veolia may
still receive and store PCB and non-PCB ballasts within areas designated for PCB storage.
These ballasts are transported off-site for disposal.
B. Facility Activities
The Facility conducts the following PCB activities: receipt; storage; manifest management;
recordkeeping; transportation; processing (which essentially involves draining and taking
apart equipment containing PCBs); recovering the metal parts and decontaminating them
to unrestricted use levels; and shipping metals and waste/unrecoverable components off-
site for recycling or disposal, respectively.
The Facility boundary consists of 2.67 acres (Figure 2), and contains the following features:
Buildings 1, 2, 3, and 4, which are approximately 8,336 square feet (ft2), 8,036 ft2,
8,336 ft2, and 8,036 ft2, respectively; and
An approximately 990 ft2 hazardous waste storage building on the northwest corner
of the property.
TSCA activities at the Facility currently take place in Buildings 2, 3, and 4 (see Figure 3).
2
-------
Veolia, Phoenix, Arizona
TSCA Approval
September 30, 2015
Modification 0
C. Facility Location
Veolia is located at 5736 West Jefferson Street, in Phoenix, Arizona. The Facility is located
at approximately -112°12'01" west longitude and 33°26'46" north latitude in the southwest
quarter of the northwest quarter of Section 8, Township 1 North, Range 2 East of the Gila
and Salt River Base and Meridian. The Facility is approximately six miles west of
downtown Phoenix and one mile south of Interstate Highway 10 (I-10), as depicted in
Figure 1.
The Facility is located within the Industrial Westgate Center, which began development in
1984. The property is currently zoned by the City of Phoenix as A-l: Light Industrial, and
is predominantly surrounded by other industrial facilities.
D. Non-TSCA Activities
Hazardous waste activities conducted at the Facility are permitted under the Resource
Conservation and Recovery Act (RCRA), and primarily involve managing mercury-
containing waste. RCRA-permitted activities are overseen by the Arizona Department of
Environmental Quality (ADEQ). RCRA materials and activities are primarily housed in
Building 1 and the hazardous waste storage building (located north of Building 1). Veolia
is currently conducting RCRA-regulated activities under the Arizona Hazardous Waste
Management Act Permit Approval Form, effective on December 12, 2006 (RCRA Permit),
issued by ADEQ. The RCRA Permit is effective for ten years from the issuance date.
m Scope and Limitations of Approval
A. This Approval designates Veolia as the Operator of the Facility. Before any change of
Owner or Operator occurs, Veolia shall follow the applicable modification procedures
in Section VII.
B. This Approval covers the storage and processing for disposal of PCB wastes at the
following units of the Facility: (1) storage of PCBs and PCB Items in Building 2; (2)
storage and processing of PCBs and PCB Items in Building 3; and (3) storage of PCBs
and PCB Items in Building 4.
C. Compliance with the terms and conditions of this Approval does not establish a defense
to any claim that this Facility presents a risk to human health and the environment.
IV. General Approval Conditions
A. Approval Compliance
1. Veolia shall comply with and operate the Facility in accordance with the conditions
stated herein and the federal PCB regulations at 40 C.F.R. Part 761, including any
future modifications to those regulations.
3
-------
Veolia, Phoenix, Arizona
TSCA Approval
September 30, 2015
Modification 0
2. Documents referenced in this Approval are fully incorporated by reference into the
Approval and are fully enforceable under the Approval.
3. Veolia must receive prior written authorization from EPA for any departure from
the conditions stated herein, modifications of this Approval, or revisions of the
documents incorporated into this Approval. Any unauthorized departure from the
conditions of this Approval is a violation of the terms of the Approval and may
subject Veolia to enforcement action under TSCA.
4. This Approval is binding upon Veolia as the Operator of the Facility. Veolia is
responsible for the actions of all Veolia employees, agents, and contractors who are
involved in the operation of the Facility.
5. Any action of a Veolia employee, agent or contractor who is involved in the
operation of the Facility will be considered an action of Veolia for purposes of
compliance with this Approval.
6. 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 the 1994 Approval issued by EPA for management of
PCBs at the Facility (Appendix A).
2. Notwithstanding the terms of this Approval, Veolia 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).
3. A responsible official for Veolia shall certify any written information submitted to
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, and records) required under this Approval shall be sent in
writing to the following address:
Manager, Permits Section (Attn: LND-4-2)
Land 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, Veolia shall still be subject to the remaining
conditions as appropriate based on the applicability of those conditions.
4
-------
Veolia, Phoenix, Arizona
TSCA Approval
September 30, 2015
Modification 0
5. Veolia shall comply with all relevant TSCA requirements, whether or not they are
included in this Approval. Veolia shall also be subject to any new TSCA
requirements that take effect or are modified following issuance of this Approval.
6. Veolia shall provide upon request any information that the 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 such reasonable time as agreed to by both parties, shall be deemed a violation
of this Approval unless EPA determines that additional time is warranted.
7. Veolia 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. Veolia shall at all times, maintain and update as needed, a closure plan for all PCB
storage and processing 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. Veolia's current
PCB Closure Plan is located in Appendix E of the Renewal Application (Appendix
B). The PCB Closure Plan and any future revisions made to it shall, at a minimum,
meet the most up-to-date requirements of 40 C.F.R. § 761.65(e)(l)(i)-(vii) for each
PCB unit at the Facility [40 C.F.R. § 761.65(e)],
C. General PCB Waste Management
1 Veolia shall send TSCA-regulated PCB liquids, including liquids generated at the
Facility during any PCB processing, which includes draining or flushing activities,
to an incinerator approved by EPA under 40 C.F.R. § 761.70. The sole exception
to this condition is that Veolia may dispose of PCB Small Capacitors as municipal
solid waste [40 C.F.R. § 761.60(b)(2)(ii)].
2. Veolia shall not solidify PCB liquid waste, except PCB liquids from incidental
sources as specified in 40 C.F.R. § 761.60(a)(3), into non-liquid PCBs, unless
approval is received through the modification procedures of Condition VILA.
D. Waste Management
1. Veolia shall implement the waste acceptance procedures as specified in Section
D. 1.2 of Appendix D, of the Renewal Application (Appendix B). This includes the
following activities:
i. Inspection of each shipment of incoming PCB materials and verifying
against the waste profile;
ii. Off-loading PCBs and PCB Items and staging them in designated
receiving or storage areas for visual inspection;
5
-------
Veolia, Phoenix, Arizona
TSCA Approval
September 30, 2015
Modification 0
iii. Weighing the PCBs or PCB Items;
iv. Entering information into Veolia's waste tracking system; and
v. Labeling and moving PCBs or PCB Items to the proper designated
storage unit [40 C.F.R. § 761.65(d)(4)(iv)].
2. For all PCB shipments for off-site disposal, Veolia must either include analytical
data with the waste profile or assume that the waste is regulated under TSCA [40
C.F.R. § 761.65(d)(4)(iv)].
E. Personnel Training
1. All Veolia employees must complete and renew annually the appropriate OSHA
Hazardous Waste Operations and Emergency Response (HAZWOPER) training
program (8-hours for non-hazardous waste operations employees, 24 hours for
hazardous waste operations employees, and 40 hours for hazardous waste emergency
response employees). 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)].
F. Health and Safety Requirements
1. Veolia shall at all times follow applicable parts of the most current version of the
Corporate Health and Safety Program [40 C.F.R. § 761.65(d)(4)(iv)].
2. Veolia shall conduct all PCB related work at the Facility in accordance with the
regulations and guidelines contained in:
i. OSHA Title 29 C.F.R. § 1910 "Safety and Health Regulations for
General Industry";
ii. OSHA Title 29 C.F.R. § 1926 "Safety and Health Regulations for
Construction"; and
iii. OSHA Title 29 C.F.R. § 1926.65 "Hazardous Waste Operations and
Emergency Response" [40 C.F.R. § 761.65(d)(4)(iv)].
3. Veolia shall ensure that its personnel handling PCB waste use and are trained in the
use of appropriate personal protective equipment (PPE) [40 C.F.R. § 761.60(b)(8)
and 40 C.F.R. § 761.79(e)(2)],
G. Emergency Preparedness and Spill Cleanup
1. Veolia shall cleanup and adequately manage any and all fresh spills of PCBs
(release within 72 hours) at the Facility in accordance with 40 C.F.R. Subpart G -
PCB Spill Cleanup Policy [40 C.F.R. Part 761, 40 C.F.R. § 761.61 and 40 C.F.R. §
761.79],
6
-------
Veolia, Phoenix, Arizona
TSCA Approval
September 30, 2015
Modification 0
2. Veolia shall conduct emergency response procedures and spill prevention and
cleanup procedures at the Facility in accordance with the Spill Prevention Control
and Countermeasure (SPCC) Plan, which is located in Appendix D of the Renewal
Application [40 C.F.R. § 761.65(d)(4)(iv)].
3. In the event of a release, fire, or explosion that requires external emergency
response, Veolia shall immediately notify emergency responders about the
presence of PCB waste at the Facility. This notification shall include information
about the location, approximate quantity, and current condition of the PCB waste,
as well as the toxicity hazards associated with PCBs [40 C.F.R. § 761,65(d)(4)(iv)].
4. Veolia shall orally report to EPA any incident involving PCBs at the Facility
requiring implementation of the SPCC Plan. Oral notification shall be made to:
Manager, Permits Section (Attn: LND-4-2)
Land Division
U.S. Environmental Protection Agency - Region 9
75 Hawthorne Street
San Francisco, CA 94105
Main EPA Phone Line: 415-972-3000
The oral notification shall occur as soon as possible after Veolia becomes aware of
the incident, but no later than 24 hours after the incident. If requested by EPA,
Veolia may also be required to submit a written report providing details on the
incident [40 C.F.R. § 761.65(d)(4)(iv)]
5. Veolia must return to compliance with the following items before operations are
resumed in areas of the Facility affected by an incident requiring implementation
of the spill cleanup procedures described in the SPCC Plan:
i. All emergency equipment used in response to the PCB spill must be
cleaned and fit for usage after the incident is addressed. In this case,
Veolia may substitute equivalent emergency equipment in the affected
area while repairing, replacing or recharging used emergency response
equipment; and
ii. Corrective measures shall be implemented to prevent reoccurrence of
the incident [40 C.F.R. § 761.65(d)(4)(iv)].
6. In the event that Veolia 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, Veolia shall immediately notify the National 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
7
-------
Veolia, Phoenix, Arizona September 30, 2015
TSCA Approval Modification 0
in the daily operation records. A copy of this report describing the incident shall
be submitted to EPA within 15 days after the incident [40 C.F.R. § 302 and 40
C.F.R. § 761.65(d)(4)(iv)].
In the event that Veolia 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, Veolia shall immediately orally notify EPA, and
proceed to decontaminate the spill area in accordance with 40 C.F.R. 761 Subpart
G - PCB Spill Cleanup Policy in the shortest possible time after discovery, but in
no case later than 24 hours after discovery [40 C.F.R. § 761.125 (a)(l)(iii)]. Oral
notification shall be made to:
Manager, Permits Section (Attn: LND-4-2)
Land Division
U.S. Environmental Protection Agency - Region 9
75 Hawthorne Street
San Francisco, CA 94105
7. Veolia shall provide updated information regarding the PCB operations at the
Facility, stored materials, contingency plans, and emergency procedures to local
police 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)].
8. Veolia shall maintain a copy of the Facility Operating Plan, Appendix D of the
Renewal Application (Appendix B) and any revisions to these plans at the Facility.
Once issued, a copy of the final Approval shall also be maintained at the Facility
[40 C.F.R. § 761.65(d)(4)(iv)].
9. 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)].
10. The Facility shall, at a minimum, be equipped with the following [40 C.F.R. §
761.65(d)(4)(iv)]:
i. An internal communications or alarms system capable of providing
immediate emergency instruction (voice or signal) to Facility personnel;
ii. 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; and
iii. Portable fire extinguishers, fire control equipment, spill control
equipment, and decontamination equipment.
8
-------
Veolia, Phoenix, Arizona September 30, 2015
TSCA Approval Modification 0
11. Veolia shall at a minimum, annually test and maintain the equipment specified in
Condition IV.G.10. 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 Veolia, Veolia shall establish and follow a testing and
maintenance plan for those manufactured items. All emergency equipment
inspection and maintenance records must be maintained at the Facility for at least
3 years and made available upon request to EPA [40 C.F.R. § 761.65(d)(4)(iv)].
12. Whenever PCBs are being processed, or otherwise handled, Veolia shall ensure that
all personnel involved in the operation will have immediate access to an emergency
communication device, either directly or through visual or voice contact with
another employee [40 C.F.R. § 761.65(d)(4)(iv)].
13. At all times, there shall be at least one employee either at the Facility or on call who
has:
i. The responsibility for coordinating all emergency response measures;
and
ii. The authority to commit the resources needed to carry out the SPCC
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 [40 C.F.R. § 761.65(d)(4)(iv)].
14. Veolia shall provide 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 Veolia. This includes any tampering, destruction, or loss at the Facility
which caused release of PCBs. Veolia shall submit the report to EPA within 5 days
of the occurrence, or within a reasonable timeframe agreed upon by EPA and the
Facility [40 C.F.R. § 761.65(d)(4)(iv)].
15. Veolia shall review and immediately update, if necessary, the Facility Operating
and SPCC Plan, in Appendix D of the Renewal Application (Appendix B),
whenever:
i. The Plan fails in an emergency;
ii. Changes in the Facilities design, construction, operation, maintenance,
or other circumstances that materially increases the potential for fires,
explosions, or releases of PCBs or hazardous constituents, or other
response necessary in an emergency;
9
-------
Veolia, Phoenix, Arizona
TSCA Approval
September 30, 2015
Modification 0
iii. The list of emergency coordinators changes;
iv. The list of emergency equipment changes;
v. When information available to Veolia otherwise indicates that a major
revision is warranted; or
vi. When EPA determines that a revision of a Plan is necessary [40 C.F.R.
§ 761.65(d)(4)(iv)].
16. If at any time EPA determines that PCB operations at the Facility authorized by
this Approval are creating a situation of imminent hazard, EPA will notify Veolia
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)].
H. Entry and Agency Inspection
1. EPA officials and representatives of 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)].
2. Veolia, upon request by EPA, shall provide copies of any record maintained by the
Facility within 5 days of such request [40 C.F.R. § 761.65(d)(4)(iv)].
3. Any refusal by Veolia 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)].
I. General Inspection Requirements
1. Veolia shall inspect all Facility communications and alarm systems, fire protection
equipment, spill control equipment, and decontamination equipment following the
procedures and schedule described in the Renewal Application. All emergency
equipment inspection and maintenance records must be maintained at the Facility
for at least 3 years and made available to EPA upon request [40 C.F.R. §
761.65(d)(4)(iv)].
2. Veolia shall conduct weekly and monthly inspections of the Facility using the most
current version of the inspection forms titled "Safety Inspection and Audit
Checklist" and "Record of Monthly Tank Inspections", respectively, provided in
Appendix A of the Spill Prevention Control and Countermeasure (SPCC) Plan,
located in Appendix D of the Renewal Application (Appendix B). Veolia shall
evaluate and address all deficiencies identified during the inspections. Hard copies
10
-------
Veolia, Phoenix, Arizona September 30, 2015
TSCA Approval Modification 0
of the inspection forms shall be maintained at the Facility for at least 3 years and
made available to EPA upon request [40 C.F.R. § 761.65(d)(4)(iv)].
3. Veolia shall document actions taken to address any deficiencies identified during
the inspections [40 C.F.R. § 761.65(d)(4)(iv)].
4. The Facility contains an aboveground bulk tank and numerous drums, totes, and
other types of containers that are subject to the Clean Water Act (CWA) SPCC
planning requirements in 40 C.F.R. § 112 as bulk storage containers. Monthly bulk
tank inspections must include inspection of metal surfaces, valves, pumps, tank
foundations and supports, bolts, rivets, nozzle connections, and containment areas
to identify any leaks, threats of leaks, corrosion, and abnormalities. In addition,
Veolia shall conduct inspections of designated PCB storage areas and PCB
containers and equipment in accordance with the inspection program described in
Section D.3 of Appendix D, Facility Operating Plan, of the Renewal Application
(Appendix B). Results of the inspection shall be recorded in the Record of Monthly
Tank Inspection and Safety Inspections and Audit forms present in Appendix A of
the SPCC Plan, which is located in Appendix D of the Renewal Application
(Appendix B); and the Annual Inspection Checklist present in Appendix D of the
SPCC Plan.
5. Veolia shall evaluate and address all deficiencies identified during the inspections
of the storage and processing areas in accordance with EPA requirements and
inspection reports in Appendix D of the Renewal Application (Appendix B).
Veolia shall keep all records of all inspections and document any actions taken to
address deficiencies identified during the inspections [40 C.F.R. § 761.
65(d)(4)(iv)].
6. Veolia shall document all internal inspections of the storage and processing areas
as specified in the Facility Operation Plan, Appendix D, of the Renewal Application
(Appendix B). Veolia shall also document actions taken to address any deficiencies
identified during the inspections [40 C.F.R. § 761. 65(d)(4)(iv)].
J. Security
1. Veolia shall operate and maintain the security systems at the Facility to prevent
unauthorized access of the Facility at all times, in accordance with the Facility
Operating Plan, located in Appendix D of the Renewal Application (Appendix B)
[40 C.F.R. § 761.65(d)(4)(iv)].
K. Closure Cost Estimate
1. Veolia shall maintain and update, as needed, a detailed estimate, in current dollars,
of the cost of closure for each PCB storage and processing unit that is operated at
the Facility in accordance with its Closure Plan. Veolia's current cost estimate is
11
-------
Veolia, Phoenix, Arizona
TSCA Approval
September 30, 2015
Modification 0
located in Appendix E of the Renewal Application (Appendix B). The TSCA
closure cost estimate for the Facility shall always be in writing, be certified by the
person preparing, modifying or updating it (using the certification defined in 40
C.F.R § 761.3) and comply with the following criteria:
i. 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;
ii. The closure cost estimate shall be based on the costs to Veolia 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;
iii. Veolia 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
iv. 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
[40 C.F.R.§ 761.65(f)(1), 40 C.F.R. § 761.65(d)(4)(iv)].
2. During the active life of each PCB unit, Veolia shall annually adjust the closure
cost estimate for inflation within 60 days prior to the anniversary date of the
establishment of the financial instruments used to demonstrate financial
responsibility for closure. 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, D.C. 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. A modification is not required for adjustment the closure
cost for inflation [40 C.F.R. § 761.65(f)(2), 40 C.F.R. § 761.65(d)(4)(iv)].
3. Veolia shall revise the closure cost estimate whenever EPA approves a modification
to the Facility closure plan which increases the cost of closure. Veolia shall revise
12
-------
Veolia, Phoenix, Arizona
TSCA Approval
September 30, 2015
Modification 0
the closure cost estimate and submit it to 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)],
4. Veolia 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)],
L. Financial Assurance for Closure
1. Veolia shall maintain and update, as needed, adequate financial assurance for
closure of each PCB unit that is operated at the Facility. The level of financial
__ , _ __ ___ ^ for closure
of the units, including any adjustments resulting from inflation or from
modifications to the Closure Plan, established pursuant to Sections IV. K [40 C.F.R.
§ 761.65(f) and (g) and 40 C.F.R. § 761.65(d)(4)(iv)].
2 > • > • m to reflect:
v-, r ri. Application
/ a 1 • r\\ 1 / r\ \ ,1 i • pi . • , 1*, ,-*71* 111 ,i •
all carry this
.... , the financial
instrument used to demonstrate financial responsibility for closure [40 C.F.R. §
761.65(f)(2)],
3. Veolia shall annually submit written documentation to EPA of continued financial
. . include, but
and the level
/¦>/¦> I* • 1-.-I 1 /"> 11111 » T 1 * k ' . 1 * /-V • •
iditication is
...j 0 0 „ie total cost
estimate for closure to adjust for annual inflation. The documentation shall be
submitted to EPA within 60 days prior to the anniversary date of the establishment
of the financial instrument used to demonstrate financial responsibility for closure
[40 C.F.R. § 761.65(f)(2)],
M. Recordkeeping and Reporting
1. Veolia shall conduct recordkeeping and reporting activities in accordance with
Section D.4, Table D-l and Table D-2 of the Facility Operating Plan, located in
Appendix D of the Renewal Application (Appendix B) [40 C.F.R. §
761.65(d)(4)(iv)].
2. Veolia shall maintain all records listed in Tables D-1 of Appendix D of the Renewal
Application (Appendix B) based on the retention schedule listed in Table D-l.
Veolia shall submit records in accordance with Table D-2 of Appendix D of the
Renewal Application (Appendix B) within the dates or timeframes listed in Table
13
-------
Veolia, Phoenix, Arizona September 30, 2015
TSCA Approval Modification 0
D-2. Any modification or correction of the records must be approved by EPA and
initialed and dated by the responsible official. If the recordkeeping is maintained
by computer system, Veolia shall make printouts available to EPA representatives
upon request [40 C.F.R. § 761.65(d)(4)(iv)].
3. 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 EPA representatives. When
Veolia ceases operations, all records, documents, monitoring data, sampling data
and reports or certified copies thereof, shall be maintained at the Facility for at least
3 years following cessation of operations [40 C.F.R. § 761.180(b), 40 C.F.R. §
761.180(f)],
4. Waste Disposal Records and Reports
i. Veolia shall comply with all provisions of 40 C.F.R. § 761.180 (Records
and Monitoring). On July 15 of each year, Veolia shall submit to 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, Permits Section (Attn: LND-4-2)
Land Division
U.S. Environmental Protection Agency - Region 9
75 Hawthorne Street
San Francisco, CA 94105
ii. Veolia shall comply with the following provisions of 40 C.F.R. Part
761, Subpart K:
i. 40 C.F.R. § 761.207 - General requirements for manifests;
ii. 40 C.F.R. § 761.208 - Use of the manifest;
iii. 40 C.F.R. § 761.209 - Retention of manifest records;
iv. 40 C.F.R. § 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;
v. 40 C.F.R. § 765.211 - Unmanifested waste report. Requirement to
seek a manifest or return waste for any unmanifested PCB waste and
14
-------
September 30, 2015
Modification 0
to notify EPA to determine whether further actions are required
before storage of the unmanifested PCB waste; and
vi. 40 C.F.R. § 761.215(d)-(e) - Requirement to submit one-year
exception reports.
iii. At the completion of any cleanup required, Veolia shall develop and
maintain records of the cleanup including at a minimum:
i. Identification of the source of the contamination;
ii. Date and time contamination was discovered;
iii. Date and time cleanup was completed;
iv. A brief description of contaminated the area(s);
v. 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;
vi. Amount of waste cleanup material generated; and
vii. A certification statement signed by Veolia personnel stating that the
decontamination levels have been achieved and that the information
contained in the record is true to the best of his/her knowledge.
Records of the cleanup shall be maintained for a minimum of 3 years [40
C.F.R. § 761.65(d)(4)(iv)].
V. Conditions for Storage and Processing of PCBs and PCB Items
A. Unit Descriptions
The Facility consists of 4 warehouse buildings and a hazardous waste storage structure (see
Figures 1 and 2). Building 1, located on the western part of the property, and the hazardous
waste storage structure, located on the northwestern part of the property, are both used
primarily for RCRA activities. RCRA activities at the Facility are overseen by ADEQ.
Building 2 is used for PCB storage. Building 3 is used for storage and processing of PCBs.
Building 4 has a small storage unit used for storage of PCBs. PCB activities in these
buildings are overseen by EPA. PCB units are depicted in Figure 3.
B. Operational and Regulatory Requirements for Storage
1. Veolia shall at all times comply with the PCB storage requirements contained in 40
C.F.R. § 761.65.
2. Veolia shall dispose of any PCB waste stored at the Facility within 1 year from the
date it was determined to be PCB waste and the decision was made to dispose of it.
Veolia, Phoenix, Arizona
TSCA Approval
15
-------
Veolia, Phoenix, Arizona
TSCA Approval
September 30, 2015
Modification 0
This date is the date of removal from service for disposal and the point at which the
1-year time frame for disposal begins. PCB waste removed from service for
disposal may be exempt from the 1-year time limit if the Facility provides EPA
with a written record documenting all continuing attempts to secure disposal. The
Facility shall maintain such records until the waste is disposed. This record must
be available for inspection or submission if requested by EPA [40 C.F.R. §
761.65(a)(1) and 40 C.F.R. § 761.65(a)(2)(ii)-(ih)].
C. Approved PCB Storage Units and Storage Capacity
1. This Approval authorizes Veolia, subj ect to the conditions in this Approval, to store
PCBs at the Facility in the units and at the maximum capacities shown in the table
below:
Table 1. Approved PCB Units and Maximum Capacities
Unit Name
Maximum Unit
Storage Capacity
Maximum Permitted
Storage Capacity for the
Facility
Building 2 Storage Pod
41.59 cubic yards
(8,400 gallons)
218 cubic yards
(44,190 gallons)
Building 2 Curbed Storage
Area
20.79 cubic yards
(4,200 gallons)
Building 3 Curbed
Storage & Processing Area
228.76 cubic yards
(46,200 gallons)
Building 4 Storage Pod
16 cubic yards
(3,232 gallons)
The Maximum Total Storage Capacity is less than the sum of the storage capacities of each unit.
2. The volume of PCBs stored within each unit shall not exceed either the maximum
unit design storage capacity or the maximum permitted storage capacity for the
Facility, whichever is less. The total volume of PCBs stored at the Facility shall
not exceed the maximum total permitted storage capacity. The Facility requested
a maximum total permitted storage capacity of 218 cubic yards (44,190 gallons),
which is below the sum of the maximum unit storage capacities, which is 307 cubic
yards (62,032 gallons) [40 C.F.R. § 761.65(b)(ii)].
3. In determining compliance for the storage and processing units in Building 3, the
volume from any TSCA-regulated PCBs or PCB Items located in the processing
area count towards the maximum unit storage capacity and the maximum
permitted storage capacity for the Facility.
D. Design Requirements for PCB Storage Areas
1. Veolia shall at all times comply with the following requirements in the storage
areas:
16
-------
Veolia, Phoenix, Arizona
TSCA Approval
September 30, 2015
Modification 0
i. 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)].
ii. Adequate floor with a continuous curb 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)(1)(h)].
iii. There shall be no drain valves, expansion joints, sewer lines, or other
openings that would allow liquids to flow from the storage area [40
C.F.R. § 761.65(b)(l)(iii)].
iv. The floor and curbing areas in all PCB storage and processing areas
shall be constructed of continuous, smooth and impervious materials.
In the Building 3 curbed storage and processing area, two coats of epoxy
or a similar type of coating with different colors to distinguish wearing
away of the top coat, shall be applied to the concrete surface to prevent
or minimize penetration of PCBs [40 C.F.R. § 761.65(b)(l)(iv), 40
C.F.R. § 761.65(d)(4)(iv)].
v. If, at any given time, an epoxy-sealed area shows visual indication of
the epoxy wearing off (i.e., the bottom layer color appears) then Veolia
shall clean the surface with a solvent and reapply the top coat of sealant
(epoxy coat) [40 C.F.R. § 761.65(d)(4)(iv)].
vi. The PCB storage and processing areas shall not be located below the
100-year flood water elevation [40 C.F.R. § 761.65(b)(l)(v)].
2. All containers used for storage of drained PCB liquids, spent decontamination fluid
(diesel/kerosene/detergent/water mixture) used for recovery of metals, and other
liquid PCB wastes shall be located in a secondary containment area that meets the
requirements of Condition V.D.I.
E. PCB Storage in Containers
1. 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. A partially full drum
shall be counted as full for purposes of determining compliance with the maximum
permitted storage capacity [40 C.F.R. § 761.65(d)(4)(iv)].
2. During electrical equipment processing, the volume of PCB contained in the
electrical equipment shall be counted towards the maximum permitted storage
17
-------
Veolia, Phoenix, Arizona
TSCA Approval
September 30, 2015
Modification 0
capacity for the designated PCB storage area depicted in Table 1 in Condition V.C. 1
[40 C.F.R. § 761.65(d)(4)(iv)].
3. Veolia shall operate and maintain a database and barcode system to track the
volumes and locations of all PCB wastes throughout the Facility [40 C.F.R. §
761.65(d)(4)(iv)].
4. Veolia shall maintain a 2 foot or greater aisle space between PCB Containers in the
designated storage and processing areas in Buildings 2, 3 and 4, to allow for
unobstructed access by personnel, fire protection equipment, and decontamination
equipment. This requirement shall not prevent the Facility from complying with
all local and state fire codes and regulations [40 C.F.R. § 761.65(d)(4)(iv)].
5. Veolia shall stack drums in the designated storage and processing areas at the
Facility no more than two drums high [40 C.F.R. § 761.65(d)(4)(iv)].
6. Veolia shall store and move PCB Items in a manner that does not compromise the
epoxy coating on the floor [40 C.F.R. § 761.65(d)(4)(iv)].
7. Veolia may operate movable equipment within the storage area in Building 3.
Veolia shall not remove any movable equipment (e.g., dedicated forklifts) from the
storage area in Building 3 that is used for handling PCBs and PCB Items or that
comes in direct contact with PCBs unless it has been first decontaminated in
accordance with 40 C.F.R. § 761.79 [40 C.F.R. § 761.65(c)(4)],
F. PCB Storage Marking and Labeling
1. Veolia shall date and label all PCB Containers, PCB Items, PCB storage areas, and
the aboveground tanks in the PCB processing area with the Ml label defined in 40
C.F.R. § 761.45.
2. PCB-contaminated waste or liquid PCB waste, when composited into one
container, will retain the date of the oldest container. The regulatory status of
storage containers at the Facility must be in accordance with the highest level of
PCBs to which it was exposed [40 C.F.R. § 761.65(d)(4)(iv)].
G. Sampling of PCB Storage and Processing Building
1. On a quarterly basis, Veolia shall collect 12 wipe samples in the warehouse areas
(storage/processing units and non-storage/processing areas) as well as
administrative areas of Buildings 2, 3 and 4. These samples shall be collected on
the second week of the first month of each quarter (January, April, July, and
October). Once a year, Veolia shall use a third party contractor to collect the wipe
samples. Wipe samples shall be analyzed for PCB Aroclors using EPA Method
8082. Extraction shall be done using either of the following methods: EPA Method
3500/3550C or EPA Method 3500/3540C. Wipe sampling shall consist of
18
-------
Veolia, Phoenix, Arizona
TSCA Approval
September 30, 2015
Modification 0
randomized grid sampling as well as judgmental sampling. The wipe sampling
shall be conducted in accordance with the quarterly wipe sampling plan described
in Appendix D of the Revised Application (Appendix B) [40 C.F.R. §
761.65(d)(4)(iv)].
2. A written report containing the quarterly wipe sampling results shall be submitted
to EPA on an annual basis. The report shall contain a compilation of the data for
the previous four quarters of wipe sampling. Wipe sampling reports shall be
submitted to EPA along with the Annual Report, which is prepared in accordance
with 40 C.F.R. § 761.180(b)(3). If, in any given quarter, the PCB concentration in
any of the wipe samples exceeds 10 micrograms of PCBs per 100 square
centimeters (10 |ug/l 00 cm2), Veolia shall orally notify EPA within 72 hours of
when Veolia representatives became aware of the exceedance, remediate the areas
of concern, collect confirmation samples in and around impacted area(s), and
submit a report to EPA documenting these findings event within 30 days of the
initial sampling event. Reports will be submitted to the Manager of the Permits
Section of the Land Division (mailing address provided below) and will provide:
the analytical results; description of the sampling activities that were conducted;
sample locations; and the name of the person and company collecting the samples
[40 C.F.R. § 761.65(d)(4)(iv)].
Manager, Permits Section (Attn: LND-4-2)
Land Division
U.S. Environmental Protection Agency - Region 9
75 Hawthorne Street
San Francisco, CA 94105
3. At the end of each working day, Veolia shall mop the floors in the warehouse
portions in Buildings 2, 3, and 4 that may be impacted by PCB tracking or leaks
with cleaning solvent, to help ensure that these areas do not contain PCB
contamination that exceeds 10 |ug/l 00 cm2. Mop water shall be replenished on a
frequent basis to prevent the potential spread of PCB contamination throughout
other areas of the Facility ([40 C.F.R. § 761.65(d)(4)(iv)].
H. Closure of Storage Areas
1. Veolia shall notify EPA in writing at least 60 days prior to the date it expects to
begin closure of the TSCA-designated storage and processing areas (processing
units are discussed in Section VI) at the Facility [40 C.F.R. § 761.65(e)(6)(i)].
2. Veolia shall conduct final closure activities for the storage and processing areas in
accordance with the Closure Plan in Appendix E of the Renewal Application
(Appendix B) [40 C.F.R. § 761.65(d)(4)(iv)].
19
-------
Veolia, Phoenix, Arizona
TSCA Approval
September 30, 2015
Modification 0
3. Veolia shall submit to EPA a revised Closure Plan for Buildings 2, 3, 4 and the
outdoor area where PCBs may have been tracked as a permit modification pursuant
to Section VII reflecting current operating conditions at the Facility at least 180
days prior to beginning closure activities. The revised Closure Plan must be
approved in writing by EPA prior to implementation [40 C.F.R. § 761.65(e), 40
C.F.R. § 761.65(d)(4)(iv)].
4. Veolia shall submit a completion report and closure certification to EPA upon
conclusion of closure activities within 200 days following notification of closure
activities. The completion report shall include the following;
i. Full analytical laboratory reports;
ii. Copies of documents (e.g., manifests) indicating total amount of waste
disposed;
iii. List of approved facilities where cleanup waste was transported for
disposal;
iv. List of any contractors used during the closure process;
v. Inventory or equipment that will be brought back into reuse, if any;
vi. The nature of the contamination, including types of materials
contaminated;
vii. A summary of the sampling procedures used, and a table or cleanup site
map showing PCB concentrations measured in all pre-cleanup and
characterization samples. The summary must include sample collection
and analysis dates;
viii. The location and extent of the identified contaminated area, including
maps with sample collection sites cross referenced to the sample
identification numbers in the data summary;
ix. A description of any deviations from the closure plan and/or any
supplemental activities that may have been conducted based on
verification sampling;
x. An evaluation of the quality assurance/quality control (QA/QC)
analyses; and
xi. A written certification signed by the operator of the Facility that the
PCB storage Facility has been closed in accordance with the approved
closure plan. This should incorporate the language for Certification
defined in [40 C.F.R. §761.3],
5. Veolia may petition EPA to be allowed to forgo submittal of a revised Closure Plan
at least 180 days prior to the anticipated beginning of closure activities. In that
20
-------
Veolia, Phoenix, Arizona
TSCA Approval
September 30, 2015
Modification 0
petition, Veolia must demonstrate that there have been no significant changes to the
operating conditions at the Facility that would warrant revisions to the Closure Plan.
The requirements of Condition V.H.3 to submit a revised Closure Plan will only be
waived upon a written notification of EPA to Veolia granting the petition [40 C.F.R.
§ 761.65(d)(4)(iv)].
6. Notwithstanding the requirements set forth in Condition V.H.3 above, Veolia shall
submit a request to EPA to modify the Closure Plan pursuant to Section VII within
30 days of the following [40 C.F.R. § 761.65(e)(4), 40 C.F.R. § 761.65(d)(4)(iv)]:
i. Changes in operator, operating plans, or facility design affect the
Closure Plan;
ii. There is a change in the expected date of closure, if applicable;
iii. In conducting closure activities, unexpected events require a
modification of the Closure Plan; or
iv. Changes to the regulations that affect the Closure Plan.
VL PCB Processing
A. Unit Description
PCB processing at the Facility involves draining and in some cases flushing of PCB
Items and removing and decontaminating any recoverable metals, which can be
distributed in commerce for reuse, from PCB Items, as described in Appendix D,
Facility Operating Plan, of the Renewal Application (Appendix B).
Key processing materials include the following:
Table with non-porous surface used for dismantling PCB-Contaminated
Equipment or Items;
Tools used to remove recoverable metals from PCB-Contaminated Equipment
or Items;
Decontamination fluid, which consists of diesel, kerosene, surfactant, and
water;
Metal baskets for storing recoverable metal pieces during decontamination
procedures;
A 650-gallon aboveground tank for soaking and decontaminating recoverable
metals; and
Container for storage of spent decontamination solution.
Below is a summary of processing activities at the Facility:
21
-------
Veolia, Phoenix, Arizona
TSCA Approval
September 30, 2015
Modification 0
Table 2: Summary of Equipment Processing
Equipment or Item
Draining & Flushing Procedures
Metal Recovery?
PCBs >500 ppm
PCB Transformers
PCB Transformers are currently not
processed at the Facility.
No
PCB Bushings
Bushing is disassembled and drained.
Yes
PCB Cables
Cables are stripped to separate metal from
external casing and insulating components.
Yes
PCBs 50 ppm - 499 ppm
PCB-Contaminated
Transformer
PCB-Contaminated Transformers are
currently not processed at the Facility.
No
PCB-Contaminated
Electrical Equipment
Electrical equipment is drained to extent
possible.
Yes, except PCB
Capacitors and PCB
ballasts
B. Operational and Regulatory Requirements for Processing
1. PCB ballast processing is prohibited at the Facility, however the Facility may
receive PCB ballasts for storase and subseauent shinment off-site to a processing
and/or disposal facility [40 C.F.R. § 761.65(d)(4)(iv)].
2. nanasis warioui me proper laoenrig or uocumeriiauori srian oe managed as a PCB-
containing item, until such time that analytical data indicates their regulatory status
for disposal; these ballasts may be stored at the Facility for subsequent transport
off-site for disposal [40 C.F.R. § 761.65(d)(4)(iv)].
3. Recovery of metals from PCB-Contaminated Transformers and PCB Transformers
is prohibited at the Facility. If at a later time Veolia wishes to disassemble PCB-
Contaminated or PCB Transformers and decontaminate its non-porous
components, Veolia must submit a permit modification in accordance with in
Section VII. Disassembly of PCB-Contaminated and PCB Transformers shall be
conducted in accordance with the EPA's Disassembling and Decontamination of
PCB-Contaminated and PCB Transformers Memorandum, dated April 16, 2007
[40 C.F.R. § 761.65(d)(4)(iv)].
4. Veolia shall follow the decontamination procedures for recovery of metals from
electrical equipment (other than PCB-Contaminated and PCB Transformers),
described in Appendix D, Facility Operating Plan, of the Renewal Application
(Appendix B) [40 C.F.R. § 761.65(d)(4)(iv)].
22
-------
Veolia, Phoenix, Arizona September 30, 2015
TSCA Approval Modification 0
5. PCB processing activities shall not take place in any area outside the boundary of
the designated processing area in Building 3 [40 C.F.R. § 761.65(d)(4)(iv)].
6. Veolia has constructed a decontamination area meant for workers to enter and exit
the PCB processing area without tracking residual amounts of PCBs outside the
designated PCB storage and processing area. When entering the decontamination
area, workers shall put on the proper PPE necessary to minimize exposure to PCBs
when working within the storage area. When leaving the storage area, workers
shall always exit through the decontamination area and follow the decontamination
procedures provided in the Renewal Application (Appendix B) [40 C.F.R. §
761.65(d)(4)(iv)].
7. Veolia shall use the decontamination fluid for metals recovery described in Section
D. 1.6.5 of Appendix D, Facility Operating Plan, of the Renewal Application
(Appendix B) [40 C.F.R. § 761.65(d)(4)(iv)].
8. The internal surfaces of drained transformers to be disposed of at a chemical waste
landfill in accordance with 40 C.F.R. § 761.75, shall be flushed once with a solvent
containing <50 ppm PCBs. Solvent-filled transformers shall be allowed to stand
for at least 18 continuous hours, after which the solvent shall be thoroughly
removed. Drained and flushed fluids are collected and stored for off-site
incineration. Specific processing procedures are described in Section D.1.6 of
Veolia's Renewal Application (Appendix B) [40 C.F.R. § 761.75],
9. Veolia shall determine the longevity rate of the decontamination fluid used in the
650-gallon aboveground metal decontamination tank following the procedures
described in SectionD.1.6.5.1 ofthe Renewal Application (AppendixB), andmust
base the final longevity rate on the most conservative scenario evaluated [40 C.F.R.
§ 761.65(d)(4)(iv)].
10. The PCB concentration of the decontamination fluid shall not exceed 50 ppm.
Once the decontamination fluid has exceeded a total PCB concentration of 50 ppm,
it cannot be used for decontamination purposes, and its volume will be considered
a part of the permitted PCB storage capacity of the Facility [40 C.F.R. §
761.65(d)(4)(iv)].
11. Veolia shall follow the procedures described in Appendix D, Facility Operating
Plan, of the Renewal Application (Appendix B) for sampling the decontamination
fluid in the 650-gallon aboveground tank [40 C.F.R. § 761.65(d)(4)(iv)].
12. Veolia submitted an application for use of an alternative decontamination and
sampling method for non-porous surfaces on December 19, 2013, per 40 C.F.R. §
761.79(h)(3). EPA reviewed and conditionally approved Veolia's application on
January 17, 2014. Veolia responded by incorporating EPA's conditions into the
Renewal Application (Appendix B). EPA's Approval of Veolia's alternate
23
-------
Veolia, Phoenix, Arizona September 30, 2015
TSCA Approval Modification 0
decontamination procedures under 40 C.F.R. § 761.79(h) is considered a condition
of this Approval. If Veolia wishes to modify the decontamination procedures
approved by EPA on January 17, 2014, following issuance of EPA's permit
decision, Veolia shall apply for a permit modification and shall provide EPA with
the following information:
i. Type of decontamination fluid selected either from the approved
performance-based organic decontamination fluid (PODF) list provided
in 40 C.F.R. § 761.79(c)(3)(iv) or 40 C.F.R. § 761.79(c)(4)(iv), or an
alternative decontamination solution in accordance with 40 C.F.R. §
761.79(h);
ii. Demonstration of the longevity rate of the newly selected PODF or
alternative decontamination solution; and
iii. Description of the proposed decontamination procedures.
This type of change would also need to go through the permit modification process
outlined in Section VILA.
13. Veolia shall decontaminate metal components to unrestricted use standards for non-
porous surfaces previously in contact with liquid PCBs at any concentration, where
no free-flowing liquids are currently present (<10 |_ig/100 cm2 as measured by a
standard wipe test) [40 C.F.R. § 761.79(h)(3)],
14. For every instance in which Veolia encounters non-porous surfaces in contact with
non-liquid PCBs (including non-porous surfaces covered with a porous surface,
such as paint or coating on metal), Veolia shall decontaminate to Visual Standard
No. 2, Near-White Blast Cleaned Surface Finish, of the National Association of
Corrosion Engineers (NACE). Veolia shall verify compliance with the Visual
Standard No. 2 by visually inspecting all cleaned areas [40 C.F.R. §
761.79(b)(3 )(i)(B)].
15. If analytical results of the metal wipe samples indicate that the PCB concentration
is above 100 |ug/l 00 cm2, the metal may either be disposed of at a TSCA facility,
or the decontamination process may be repeated. If the analytical result of the metal
wipe sample is above the 10 |ug/l 00 cm2 standard but below 100 |ug/l 00 cm2 PCBs,
the metal components may either be disposed of at a RCRA Subtitle C hazardous
waste landfill, TSCA approved landfill, or municipal solid waste landfill in
accordance with 40 C.F.R. § 761.61(a)(5)(ii), or the decontamination process may
be repeated [40 C.F.R. § 761.65(d)(4)(iv)].
16. Veolia shall (1) maintain a hard copy of the metal wipe sampling data at the Facility
for a period of at least 3 years and (2) submit the metal wipe sampling data to EPA
24
-------
Veolia, Phoenix, Arizona
TSCA Approval
September 30, 2015
Modification 0
upon the Agency's request within a reasonable timeframe agreed upon by both
parties [40 C.F.R. § 761.65(d)(4)(iv)].
C. Draining and Flushing of PCBs
1. The Processing Area at the Facility is located within the storage area in Building 3,
along the western part of the building, as depicted in Figure 3. PCB processing
shall only take place within the designated processing area. Veolia is authorized,
subject to the terms and conditions of this Approval, to conduct processing of PCB
Items within the storage area in Building 3. Processing is defined as taking the
equipment apart and separating PCB liquids from PCB solids, then managing the
off-site disposal of PCB liquids and solids, and facilitating the recovery of metal
components in the equipment that are able to be decontaminated in accordance with
TSCA requirements. Processing involves draining and flushing PCB Items. The
PCB-drained liquids and PCB liquids generated from flushing activities shall be
stored at the Facility until they are transported off-site for incineration or treatment
in accordance with applicable state and federal regulations. The drained and
flushed PCB Items shall be disposed of in accordance with applicable state and
federal regulation [40 C.F.R. § 761.65],
2. Veolia shall conduct all PCB draining and flushing operations in accordance with
the Facility Operating Plan, located in Appendix D of the Renewal Application [40
C.F.R. §761.65(d)(4)(iv)].
3. Veolia shall conduct all draining and flushing operations in the designated PCB
processing area located within the sealed containment area of Building 3 (Figure 3)
[40 C.F.R. §761.65(d)(4)(iv)].
4. Veolia shall conduct draining and flushing operations in a manner such that
accidental spills of PCB-containing liquids are minimized. Any spills shall be
addressed in accordance with spill cleanup procedures outlined in the SPCC Plan,
Attachment D-2 of Appendix D, of the Renewal Application (Appendix B) [40
C.F.R. § 761.65(d)(4)(iv)].
5. As part of equipment flushing activities, Veolia shall:
i. Drain the equipment of dielectric fluid.
ii. The equipment will then be filled with No. 2 diesel fuel or another
suitable solvent, including kerosene, xylene, toluene, or any other
solvent in which PCBs are readily soluble, and allow the equipment to
"soak" for a minimum of 18 hours.
iii. At the end of the 18-hour "flushing" period, Veolia shall drain the
solvent from the equipment. Veolia shall make all practicable efforts,
25
-------
September 30, 2015
Modification 0
including extending the soaking/flushing time and/or using absorbents,
to ensure that all solvent is removed from the flushed equipment.
The drained liquid used for flushing electrical equipment shall be
managed as PCB-containing liquid waste. The drained equipment shall
be sent to an off-site TSCA disposal facility [40 C.F.R. § 761.60(b), 40
C.F.R. § 761.65(d)(4)(iv)].
6. All PCB-containing liquids drained from PCB-Contaminated and PCB Items per
the protocol described in Condition VI. C. 5 shall be disposed of within 1 year of the
out of service date of the Item. Veolia shall input information on all PCB Items
that are drained in an electronic and/or written tracking log. The tracking log shall,
at a minimum, identify the Item drained, the Item number assigned by Veolia, the
out of service date of the Item, the storage container that received the PCB liquids,
the date of when the PCB liquids in each container(s) 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 at the Facility and be available for
review upon request [40 C.F.R. § 761.65(a)(1), 40 C.F.R. § 761.65(d)(4)(iv)].
7. All loading of PCB-containing liquids into tanker trucks for off-site disposal or
destruction shall be done in accordance with the standard operating procedures
outlined in Attachment D-l of Attachment D of the Revised Application (Appendix
B) [40 C.F.R. § 761.65(d)(4)(iv)].
D. Aboveground Tank Requirements
As part of the Facility's processing activities, equipment is drained and taken apart in the
designated processing area in Building 3. The equipment is taken apart and metals from
the equipment are separated for decontamination.
1. Veolia has a 650-gallon aboveground tank solely used for metals decontamination
in the PCB processing area, located inside the storage area in Building 3. Veolia
shall not place liquids in the tank system if this 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)].
2. Veolia shall not place any substances into the tank system that may be incompatible
with PCBs [40 C.F.R. § 761.65(d)(4)(iv)].
3. Veolia 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)].
4. Veolia shall comply with the requirements for PCB containers specified in 40
C.F.R. § 761.65(c)(6). Any container or aboveground tank used for storage of
liquid or non-liquid PCBs shall meet the U.S. Department of Transportation
Veolia, Phoenix, Arizona
TSCA Approval
IV.
26
-------
Veolia, Phoenix, Arizona September 30, 2015
TSCA Approval Modification 0
requirements described in 49 C.F.R. Parts 171 through 180 [40 C.F.R. §
761.65(d)(4)(iv)].
5. Veolia shall operate the aboveground storage tank used for metals recovery in
accordance with OSHA standards set forth in 29 C.F.R. § 1910.106 [40 C.F.R. §
761.65(d)(4)(iv)].
\H Procedures to Modify, Transfer, Revoke, Suspend, Deny, Continue or Renew
Approval
The following requirements of this Section apply to any approval modification,
termination, revocation, suspension, denial, continuation or renewal. The filing of a
request by Veolia for an Approval modification, revocation or termination, or the
notification of planned changes or anticipated noncompliance on the part of Veolia, does
not terminate the applicability or enforceability of any Approval condition [40 C.F.R. §
761.65(d)(4)(iv)].
A. Modifications
1. Modifications Initiated by EPA
EPA may modify this Approval for any of the causes identified below. In
modifying this Approval for cause, EPA may request an updated application from
Veolia as necessary. EPA must follow the applicable procedures set forth in the
conditions titled "Class 2 Approval Modification Procedures" and "Class 3
Approval Modification Procedures" when modifying the Approval for cause.
The following are causes for modification of this Approval:
i. Alterations. There are materials and substantial alterations or additions
to the Facility or activity which occurred after issuance of an approval
which justify the application of conditions that are different or absent in
the existing Approval.
ii. Information. 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.
iii. 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.
Compliance and/or construction schedules. EPA determines good cause exists
for modification of a compliance and/or construction schedule, such as an act of
27
-------
Veolia, Phoenix, Arizona
TSCA Approval
September 30, 2015
Modification 0
God, strike, flood, or materials shortage or other events over which Veolia has little
or no control and for which there is no reasonably available remedy
2. Modifications to this Approval Requested by Veolia
i. Approval modifications for Veolia are divided into 3 classifications:
Class 1, Class 2 and Class 3. The classifications determine the
procedure Veolia must follow to modify the Approval. Appendix G of
this Approval lists the proposed modifications and corresponding
classifications.
ii. Class I Approval Modification Procedures
Except as provided in Condition VII.A.2.(ir)(vO of this Section, Veolia
may put into effect Class 1 modifications listed in Appendix G of this
Section under the following conditions:
iii. Veolia must notify 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 must specify the changes
being made to Approval conditions or supporting documents referenced
by the Approval and must explain why they are necessary.
iv. Veolia 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 EPA approval, the notification must be made within
90 calendar days after EPA approves the request. The notice will have
to be translated into another language (e.g., Spanish) if 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 Facility Mailing List.
v. Any person may request EPA to review, and EPA may for cause reject,
any Class 1 modification. EPA must inform Veolia 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, Veolia must
comply with the original Approval conditions.
vi. Class 1 permit modifications identified in Appendix G by an asterisk
may be made only with the prior written approval of EPA.
vii. For a Class 1 Approval modification, Veolia may elect to follow the
procedures for Class 2 modifications instead of the Class 1 procedures.
28
-------
Veolia, Phoenix, Arizona
TSCA Approval
September 30, 2015
Modification 0
Veolia must inform EPA of this decision in the notice required in
Condition VII. A. 2. (iii) of this Section.
a. Class 2 Approval Modification Procedures
i. For Class 2 modifications, listed in Appendix G of this Approval, Veolia
must submit a modification request to 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.
ii. Veolia 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. Veolia must provide EPA with evidence of the
mailing and publication. The notice will have to be translated into
another language (e.g., Spanish) if 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 Facility Mailing List. The notice must include:
a) Announcement of a 60-day comment period, and the name and address
of an EPA contact to whom comments must be sent;
b) Name and telephone number of Veolia's contact person;
c) Name and telephone number of a EPA contact person; and
d) Location where copies of the modification request and any supporting
documents can be viewed and copied.
iii. Veolia 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.
iv. If requested, Veolia must hold a public meeting no earlier than 15 days
after the publication of the notice required in Condition VII.A.2.afiO of
this Section 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.
v. The public shall be provided 60 days to comment on the modification
request. The comment period will begin on the date Veolia publishes
29
-------
Veolia, Phoenix, Arizona
TSCA Approval
September 30, 2015
Modification 0
the notice in the local newspaper. Comments should be submitted to
the EPA contact identified in the public notice.
vi. No later than 90 days after receipt of the notice of modification request,
EPA must:
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 Veolia that EPA will decide on the request within the next 30
days.
vii. If EPA notifies Veolia of a 30-day extension for a decision, the 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.
viii. If EPA fails to make one of the decisions specified in Condition
VII.A.2.a.(vir) of this Section by the 120th day after receipt of the
notice of modification request, Veolia is automatically authorized to
conduct the activities described in the modification request for up to
180 days, without formal 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
30
-------
September 30, 2015
Modification 0
761. If EPA approves, with or without changes, or denies the
modification request during the term of the temporary or automatic
authorization provided for in Conditions Vn.A.2.a.(vi¥d).
VIJ.A.2.a.(vii¥d') and VIII.A.2.a.(viir) of this Section, such action
cancels the temporary or automatic authorization.
a) In the case of an automatic authorization under Condition
VII. A.2.a.(viii) of this Section, or a temporary authorization under
Conditions VII.A.2.a.(vi¥d') or VIII.A.2.a.(vii)(d) of this Section, if
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, Veolia 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. Veolia has been authorized temporarily to conduct the activities
described in the Approval modification request, and
ii. Unless EPA acts to give final approval or denial of the request by
the end of the authorization period, Veolia will receive
authorization to conduct such activities for the life of the Approval.
b) If Veolia fails to notify the public by the date specified in Condition
VII.A.2.a.fviii¥a) of this Section, the effective date of the permanent
authorization will be deferred until 50 days after Veolia notifies the
public.
ix. Except as provided in Condition VII. A.2.a. (xi) of this Section, if 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, Veolia 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.
x. 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, EPA must consider all written comments
submitted to the EPA during the public comment period and must
respond in writing to all significant comments in the final decision.
Veolia, Phoenix, Arizona
TSCA Approval
31
-------
Veolia, Phoenix, Arizona
TSCA Approval
September 30, 2015
Modification 0
xi. With the written consent of Veolia, 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.
xii. EPA may deny or change the terms of a Class 2 Approval modification
request under Conditions VII. A.2.a. (vi) through VIII. A.2.a.(Viii) of this
Section 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.
xiii. Veolia may perform any construction associated with a Class 2
Approval modification request beginning 120 days after the submission
of the request unless EPA establishes a later date for commencing
construction and informs Veolia in writing before day 120.
b. Class 3 Approval Modification Procedures
i. For Class 3 modifications listed in Appendix G of this Approval, Veolia
must submit a modification request to 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.
ii. Veolia 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 Veolia must provide to EPA evidence of the mailing and publication.
The notice will have to be translated into another language (e.g., Spanish)
if 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 Facility Mailing List. The notice must include:
32
-------
Veolia, Phoenix, Arizona
TSCA Approval
September 30, 2015
Modification 0
a) Announcement of a 60-day comment period, and the name and address
of an 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 Veolia's contact person;
d) Name and telephone number of an EPA contact person; and
e) Location where copies of the modification request and any supporting
documents can be viewed and copied.
iii. Veolia 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.
iv. Veolia must hold a public meeting no earlier than 15 days after the
publication of the notice required in Condition VII.A.2.b.(ii') of this
Section 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.
v. The public shall be provided 60 days to comment on the modification
request. The comment period will begin on the date Veolia publishes the
notice in the local newspaper. Comments should be submitted to the EPA
contact identified in the public notice.
vi. EPA will consider and respond to all comments received during the 60-
day comment period and will either approve, with or without changes, or
deny the Approval modification request.
c. Other Modifications
i. In the case of modifications not explicitly listed in Appendix G of this
Approval, Veolia may submit a Class 3 modification request to EPA, or it
may request a determination by EPA that the modification should be
reviewed and approved as a Class 1 or Class 2 modification. If Veolia
requests that the modification be classified as a Class 1 or 2 modification,
it must provide EPA with the necessary information, as determined by
EPA, to support the requested classification.
ii. EPA shall make the determination described in Condition VII.A.c.fi) of
this Section as promptly as practicable. In determining the appropriate
class for a specific modification, EPA shall consider the similarity of the
modification to other modifications codified in Appendix G and the
following criteria:
33
-------
September 30, 2015
Modification 0
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, EPA may require prior approval.
b) Class 2 modifications apply to changes that are necessary to enable
Veolia 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,
Veolia shall:
i. Submit notice to EPA that includes a notarized affidavit signed by the
transferee which states that the transferee will abide by this Approval
[40 C.F.R. § 761.65(j)]; and
ii. 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 the final Approval shall be the date EPA provides written
approval of the transfer.
C. Revocation, Suspension, or Denial of Approval
1. EPA may issue a notice of deficiency, suspend or terminate the final Approval,
deny an Application for Approval renewal, or take an enforcement action, if EPA
determines that one or more of the following conditions have occurred [40 C.F.R.
§ 761.65(d)(4)(iv)]:
i. Noncompliance with the conditions of the final Approval or with the
PCB regulations at 40 C.F.R. Part 761;
ii. Failure by Veolia in the approval application or approval issuance
process to disclose fully all relevant facts, or Veolia's misrepresentation
of any relevant facts at any time;
Veolia, Phoenix, Arizona
TSCA Approval
34
-------
Veolia, Phoenix, Arizona
TSCA Approval
September 30, 2015
Modification 0
iii. EPA's issuance of new regulations, standards or guidance for issuing
PCB approvals; or
iv. Veolia's PCB operations are being operated in a manner which may
result in an unreasonable risk to human health and the environment.
2. For a termination or suspension of the final Approval, EPA shall provide 30-day
notice to Veolia of the condition(s) warranting the action. EPA will not terminate
or suspend the final Approval if Veolia can sufficiently demonstrate within the 30-
day period to EPA satisfaction that it has eliminated or corrected the condition(s)
warranting the termination or suspension [5 U.S.C. § 558(c)],
D. Continuation of Approval
1. The conditions of the final Approval shall administratively continue beyond the
expiration date if:
i. Veolia has submitted an Application for renewal to EPA in accordance
with Section VII.E of this Approval; and
ii. EPA, through no fault of Veolia, does not issue a new Approval with an
effective date on or before the expiration date of the final Approval.
E. Renewal of Approval or Closure
1. Veolia shall, at least 180 days, but not more than 270 days, prior to expiration of
the final Approval, submit to EPA either a written notice of its intent to seek
renewal of the final 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.
2. If Veolia intends to close the Facility, the Closure Plan included as part of this
Approval shall be revised to reflect current operating conditions at the Facility. The
revised Closure Plan shall be approved in writing by EPA prior to implementation
[40 C.F.R. § 761.65(d)(4)(iv)].
VIII 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. "ADEQ" means the Arizona Department of Environmental Quality.
2. "Approval" means this TSCA Approval to operate a facility that manages PCBs.
3. "C.F.R." means the Code of Federal Regulations.
4. "Closure Plan" means the Closure Plan for the Facility.
35
-------
Veolia, Phoenix, Arizona September 30, 2015
TSCA Approval Modification 0
5. "CWA" means Clean Water Act.
6. "Day" means a calendar day unless otherwise stated as an operating day.
7. "EPA" means United States Environmental Protection Agency.
8. "Facility" means Veolia hazardous waste management facility located at 5736 West
Jefferson Street, Phoenix, Arizona.
9. "Facility Mailing List" means the list of persons, organizations and government
agencies that will receive copies of correspondence related to the TSCA Approval.
This list may be maintained by EPA and/or the Facility.
10. "ft2" means square feet.
11. "HAZWOPER" means Hazardous Waste Operations and Emergency Response.
12. "1-10" means Interstate 10.
13. "Information Repository" means the reference desk of the local Library.
14. "Jewel Investment" means Jewel Investment Company of Phoenix, Arizona.
15. "Local Library" means a library located in Phoenix, Arizona. Information sent to
the library should be directed to the reference desk.
16. "NACE" means National Association of Corrosion Engineers.
17. "OES" means Onyx Environmental Services, L.L.C.
18. "Operator" means Veolia in Phoenix, Arizona.
19. "OSHA" means Occupational Safety and Health Act.
20. "OSS" means Onyx Special Services Inc.
21. "PCB or PCBs" means polychlorinated biphenyls, and refers to 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.
22. "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.
23. "PODF" means performance-based organic decontamination fluid.
24. "PPE" means personal protective equipment.
25. "PPM" means parts per million.
26. "QA/QC" means quality assurance/quality control.
27. "RCRA" means Resource Conservation and Recovery Act.
28. "Salesco" means Salesco Systems USA, Inc Arizona.
36
-------
Veolia, Phoenix, Arizona September 30, 2015
TSCA Approval Modification 0
29. "SHPO" means State Historic Preservation Officer.
30. "SPCC" means Spill Prevention Control and Countermeasure.
31. "SSS" means Superior Special Services, Inc.
32. "State RCRA Permit" means the ADEQ permit issued to Veolia for management
of hazardous wastes.
33. "TSCA" means Toxic Substances Control Act, 15 USC 2601 et seq. as
implemented by 40 C.F.R. Part 761.
34. "Veolia" means Veolia Environmental Services Technical Solutions, L.L.C.
37
-------
FIGURES
-------
Veolia
Ml vVMne,
Las Vegas *
is Angeles
n Di -gi>
Tijuana
rk
"% * o
A T t i
1
~Z-
«u '
W
ARIZONA
(§>'
Phoeiiu
Ml
ME
National.©eographic, Esri,
DeLormefNXvTEQ, UNjEf^*
wcmc, wjsksIIw'a^' esA,
METI, NRCAN,"GEBCO,
ia
Figure 1: Veolia Site Vicinity Map
(§) Facility Location
Veolia Environmental Services
Technical Solutions LLC
5736 W. Jefferson St. Phoenix. AZ 85043
&EPA
Region 9 313 Center
Miles 0
H
0.25
t
0.5
WST 1302084.1
April 18, 2013
-------
vvEPA
Rtajpors S GIB CUyrrtc
WBT1»mi
Apii 1a. ana
Veolia Environmental Services Technical Solutions LLC
S73S W. Jefferson St. Phoenix, AZ 85043
I
0 25 50 100 Feet
1 l l l I l l l I
Figure 2: Vooll* Site Boundary
Site Boundary
-------
Figure 3: PCB Storage and Preening Anas
Unit Type *
PCB Processing
PCB Recelvhg
Veolia Environmental Services
Technical Solutions LLC
5736 W. Jeflmon St Phoenix, AZ 65043
x«/EFA
R^ion H GI5 C*nl»*
'///A PCB Storage
* The Unit Type dmenalona em eppraxtneta
t
0 25 50 100 Feet
1 I I I I I I I I
wvniQ90M.i Jurwti.asif
-------
APPENDICES
-------
APPENDIX A - COMMERCIAL PCB STORAGE AND LIGHTING BALLAST
RECYCLING APPROVAL, EPA ID AZ 983473539 (DECEMBER 15, 1994)
-------
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION IX
75 Hawthorne Street
San Francisco, CA 94105-3901
DEC I 5 1934
Mr. Frank D. Sales, Jr.
President
Saicsco Systems USA, fnc.-AZ
5736 West Jefferson
Phoenix, AZ 85043
Re: Commercial PCB Storage and Lighting Ballast Recycling Approval
EPA ID AZD 983473539
mj
Dear Mr Sales:
This letter, with enclosed conditions, serves as written approval pursuant to 40 CFR
Parts 761.65 (d)(1) and 761.60 (e) for Salesco Systems USA, Inc.-AZ to commercially store
PCBs and PCB articles and to recycle and dispose of PCB-contaminatcd lighting ballasts at
5736 West Jefferson, Phoenix. Arizona.
The Environmental Protection Agency (EPA) Region IX has reviewed your August 17,
1994 application to commercially store PCBs and to recycle and dispose of PCB-
contaminated lighting ballasts arid has determined that the Salesco Systems USA, lnc.-AZ
operation at 5736 West Jefferson, Phoenix, Arizona will not pose an unreasonable risk of
injury to health or the environment. This approval incorporates the closure plan submitted in
the application and amendments offered in response to EPA's notice of deficiencies,
This approval shall expire on December 31, 1999 unless the applicant makes a written
request for renewal of this approval at least 180 davs prior to the expiration date.
The tofcjik amount of PCB materials and PCB Items may not exceed 40,500 gallons of
PCB waste and (^700" gallons of non-PCB waste nor the quantity whose disposal cost would
be more than Salesco's closure cost estimate for die maximum PCB inventory.
For PCB analyses, EPA approves the use of Salesco-AZ's on-site laboratory so long
as the certification by the Arizona Department of Health Services remains in effect. Salesco-
AZ may use any other laboratory certified for PCB analysis.
Salesco-AZ has chosen the trust fund as their financial assurance mechanism for
closure. Acceptable documentation must be provided to EPA within 30 days from the date of
this approval that the first payment into the trust has been received by the trustee. This first
Printed m RtcycUd Pa
-------
payment must be sufficient to mcel the requirements of 40 CFR 761.65 (g)(1). Failure to
meet this requirement shall be grounds for termination of this approval and Salesco-AZ will
be required to initiate closure of the facility.
In addition to Region IX, a copy of the Annual Report should also be sent to:
Mr. Thomas G. Simons
Office of Pollution Prevention and Toxics
US EPA Headquarters 7404
401 M Street
Washington DC, 20460
If you have any questions regarding this approval, please contact Yosh Tokiwa of my
staff at (415) 744-1109.
Sincerely,
Director
Air and Toxics Division
Enclosure:
cc: David K. Hanneman, OPPT
2
-------
» 5r„
0 dHk r
1 » UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
\ / REGION (X
75 Hawthorne Street
San Francisco, CA 94105-3901
In the Matter of Salesco Systems
USA Inc.-AZ
Phoenix, AZ 85043
EPA II) AZD983473539
Approval for Commercial Storage of
Polyehlorinated Biphenyls (PCBs) and
Alternate Disposal of Lighting Ballasts
AimiQRtXY
This Approval to commercially store and process regulated Polyehlorinated Biphenyl
(PCB) contaminated materials and to separate and recycle Lighting Ballasts is issued pursuant
to Section 6(e)(1) of the Toxic Substances Control Act (TSCA) of 1976 (public Law No, 94-
469) and the Federal PCB Regulations, 40 CFR 761.60 (e) and 761.70 (a) and (b) (48 CFR
13185, March 30, 1983).
HFfjECTiyE Date
This approval shall be effective upon signature of'the Director of Air and Toxics Division,
EPA Region IX.
Subject
Authority
Effective Date
Definitions
Approval
Conditions of Approval
A. General Conditions
B. Processing of Ballasts
C. Storage of PCBs
D. Worker Protection
E. Contingency Plan and Emergency
F. Recordkeeping and Reporting
G. Closure and Financial Requirements
H. Demonstration Test
Page
10
11
Printed em KtcydeJ Paper
-------
DEFINITIONS
All the terms and abbreviations used in this Approval shall have the meanings as
defined in 40 CFR Section 761.3, EPA's "Guidelines for PCB Destruction Permit Applications
and Demonstration Test Plans" (April 36, 1985) and "TSCA Guidance Manual for
Commercial PCB Storage Facility Applications (October 18, 1989), unless the context clearly
indicates otherwise or unless defined below for the purposes of this Approval.
"Application" and "Salesco Systems USA-AZ Application" mean the August 17, 1994
Application, and subsequent modifications, which were submitted to EPA for PCB
storage non-thermal alternate disposal process of PCBs.
"Alternate Disposal Technology" means the process of separating PCB-contaminated potting
material and capacitors from recyclable metal components of lighting ballasts,
"ATD" means the Director, Air and Toxics Division, EPA Region IX.
"EPA" means the United States Environmental Protection Agency, Region IX Office.
"Destroy by Recycling" means destroying the original identity of the article by melting,
grinding, etc., and reusing the material.
"Lighting Ballast" means a device that controls the flow of electric current to fluorescent and
high-intensity discharge (HID) lamps.
"Parts per Million" (ppm) means mg per kilogram (mg/kg).
"PCB-Contaimng Lighting Ballast" means any lighting ballast with potting compound
containing, or presumed to contain, PCBs at or exceeding 50 ppm PCBs.
"Potting Compound" means the tar-like substance used as an insulator in lighting ballasts.
Some potting compounds contain PCBs,
"Regional Administrator" means the Regional Administrator, EPA Region IX.
*
"Salesco-AZ" means Salesco Systems USA, Inc.-AZ.
"Salesco-AZ" and "Facility" mean the site located at 5736 W. Jefferson, Phoenix, AZ 85043
where the Salesco Systems USA, Inc.-AZ FPA-approved PCB storage and lighting ballast
recycling and disposal site is located.
2
-------
APPROVAL
Salesco Systems USA, Inc.-AZ has submitted an application to the Regional
Administrator for commercial storage and alternate disposal of PCBs and PCB Items. Under
40 CFR 760.65 (i), the Regional Administrator is authorized to issue permits for activities
involving PCBs and PCB wastes. This authority lias been redelegated to the Director, Air and
Toxics Division by Regional Order R9 3 26031.
1. Approval is granted to Salesco-AZ to commercially store and process regulated
Polychlorinated Biphenyl (PCB)-contaminated articles and Items and to separate PCB-
containing potting material and capacitors from recyclable metal components of lighting
ballasts as described in the Salesco-AZ Application and in accordance vvitii this Approval and
the Conditions of Approval as stated herein
2. This Approval shall become effective upon signature of the Director of Air and
Toxics Division, EPA Region IX and shall expire on December 31, 1999, unless revoked,
suspended, or terminated in accordance with the Conditions of Approval stated herein.
3. Salesco-AZ has chosen the trust fund as their financial assurance mechanism for
closure. Acceptable documentation must be provided to the EPA within 30 days from the
date of this Approval that the first payment into the trust has been received by the trustee.
This first payment must be sufficient to meet the requirements of 40 CFR 761.65(g)(1).
Failure to meet this requirement shall be grounds for termination of this Approval and Salesco
will be required to initiate closure of the facility.
4. To renew thi.s Approval for for commercial PCB storage and recycling lighting
ballasts, Salesco-AZ must apply to the EPA in writing at least 180 days but not more than
270 days prior to the expiration date of this Approval. EPA may require Salesco-AZ to
submit additional information in connection wit|t its application .for renewal, llie above-
mentioned information will be reviewed by EPA to determine if this Approval is to be
renewed.
CONDITIONS OF APPROVAL
A. GENERAL CONDITIONS
1. Salesco-AZ must comply with and operate in accordance with provisions of the
PCB regulation 40 CFR 761, with the Conditions of Approval stated herein, and with the
Salesco-AZ application and amendments which were submitted to and approved by the EPA.
2. Any departure from the Conditions of Approval, modifications of this Approval, or
the Salesco-AZ application approved by the EPA, must receive prior written authorization
from the ATD. Departure from the Conditions of Approval, from any modifications of this
Approval, or from the Salesco-AZ Application approved by the EPA, without prior written
approval by the ATD, will subject this Approval to revocation, suspension, or termination,
3
-------
and will subject Salesco-AZ to enforcement action under TSCA. If at any time Salesco-AZ
becomes aware of any departure from the PCB regulation, Conditions of Approval,
modifications of this Approval, or the Salesco-AZ application, Salesco-AZ shall notify the
ATD by telephone within 24 hours and shall submit a written report to the ATD describing
the departure within five (5) working days.
2. EPA reserves the right to impose additional conditions to the Approval and to
modify any condition. EPA may withdraw or modify this Approval if it has reason to believe
that the continued operation of the storage and disposal activity or facility presents an
unreasonable risk to public health or the environment, if the EPA issues new regulations or
standards for issuing PCB approvals, or for noncompliance with the Conditions of Approval
or the PCB regulation (40 CFR 761).
3. Salesco-AZ shall provide upon request any information which the EPA deems
necessary to determine whether cause exists for modification, revocation, suspension, or
termination of this Approval. Failure to provide the above-mentioned information within five
(5) working days of its request shall be deemed a violation of the Conditions of Approval.
4. Salesco-AZ is responsible for the actions of all Salesco-AZ employees, agents, and
contractors who are involved in the operation of the storage and disposal facility.
Compliance with the PCB regulation, the Conditions of Approval, modifications of this
Approval, written notifications, and the Salesco-AZ application approved by the EPA, does
not relieve Salesco-AZ of the responsibility to comply with all other applicable federal, state,
and local laws and regulations.
5. Salesco-AZ shall allow inspection of the site, storage facility, recycling facility,
and records relating to the facility and operations by the EPA authorized employees, agents,
or contractors at any time to determine compliance with applicable statutes, regulations,
Approval, and Conditions of Approval issued pursuant thereto. Any refusal by Salesco-AZ to
allow access to the site and process, or refusal to provide copies of records shall be deemed a
violation of the Conditions of Approval.
6. Salesco-AZ shall submit a written request to the ATD for a modification of this
Approval to store PCBs and recycle PCB ballasts and its closure plan whenever:
a. there is to be a change in ownership, operating plans, or facility PCB storage
area specifications,
b. there is a change in the expected date of closure (December 31, 2004),
c. unexpected events require modification of the approved closure plan,
d. changes in regulation require a more costly disposal method than that
specified in the approved closure plan.
7. At least thirty (30) days before transferring ownership of the facility, a notarized
4
-------
afliiliwi! signed by i;r r;«i»*4|cfcc which stiles tlin: ll;r transferee will nbnS«* b> all provisions
ui this Approval slinll l*c lo (he A * ] 1 > Alia receiving sud: muilifatioii and
;sItiilavit, and othtfr documents as CPA muv EPA rauv hi-ue an asnciiclej
Approval "nitotiintiaji tJv ir.'imfr-ree's name riv flic S,ik*si\»-A7 name, may require th>?
ir.nsLTee la appb, io» -i tjvVk iUTI storage icvyi Ii«t* Appra\al. 11»- ti.tiKeirr *»htdi not
• i|KTa:e under tf'.t* Apr < »'..d tiaii trie ATD ix\n>'\ a;i Anpntvai if, tJ c it i; 'tU r i'":; imrk,
i, 'IIn?- Afpt«1 am company hiving a liiMKiu*
httv,,esl in S^seiv A/.
'J. for PCH aredy :;i.s, j'.PA sipptovct IIic u:i« of Kutatsco-AZ's nwu on 'die lulioraiory so
tiun i.j, fix ccrlificiitiaii r *\ii/un'i Hnvironnuiitnl I Kviw« Number A/1047'h by die AH'Atnci
! >crvmnvm of Il-Mltb .MivKtr. icmairi5 ir, effr* f Milken-A/, r.iay iw .n,» laboratory
_wiilii2.d far P'Jii v.Lkli L uh'ttlkN f--i l'< !i hm-Inmn
B. Mt» vi-'ssrcr, / H "> | ASJ.S
The Salc*o« A/': f'CP, linking lulla-.t tiVH'Hi.p f»:
nmumjng the ballast!.. "try really ceparaikig tint mcial components from ;t;;::ociuu:il IKT»-
f"KHriniiir.teri polling r impound and recycliuj, Ilir iii'ials. Salcseo-A/. iitcd the
ti'jlliwork pi;!difi*, opeKitimi, aiic ollx-i ?dai dauls J.1 all Limes durrtp I ir o[K4":iiinrt of its
iiicilt'.y:
1. Mxiesii ti! v iNin»' b.j Khis iit-i Ki in !n wir.j. visual sifc,u; •«> iv.ik i»»c ;l;,iU tc
stiied train rcey.lmo atui «in"> :ei of v* I 'A wavte. Separation d le t'.iiu! bi.loc,:
. \ iie;i?i> i*» si-.'* jviru !«.d
2. All PCB-ronusmm-'Kfi! w'usics in die Imm »tf t»itt-lcaklay vupaciiMi",, {Hitting
citmpnund, and asuociiilnl dcbius and soliil tttusuntiibliw such as peremvi! protwfiw*
i'qtitptKonf, dispnKil>le r,;»niplm^ template;!, scubcut-i, witnis, soIvcrJs and/t): solvent still
iHilii'tr.s, etc., shall b->« of as TSCA wa.-.i-c ii ;s clt«!inical white Lind fill approved
jnir:Hiint to 40 CI'H 7«il,7? ui rai incine,a:%n iipnr.jved puniiiant to 40 «'PR 7M TO
Leaking 1'^'B fr'irn IM'.'B ^ill.f!-"U : hull '.v dispui-\! i cm2) or 50 pprsi or It',1;;;
following processing m.i> Ik* recycled oi cisjtosol of as -ailid waste. Mctn!:; .ilHtvot 100
cm* may hs reproce.^fjcd or shall be ijbspivsod of a;" solid wast,:. Fnr recycling, the
-itli'inil identify of ih«' nl'-ull ">« cesSfoycd h\ iiieltiiig, grinding, etc Metal components
w:U» I'CB lc%vb 'il mi 'vli'H 10 u.^'tOO cm >>f belnA ?. n SuIiw-'uijj pr.M^sitij,' may be
5. Potting nmtcrial and separated noii-uictillic material removed from PCS ballasts
-------
shall be presumed to contain 50 ppm or greater I'd! unless the material is demonstrated to
contain less than 50 ppm. Such material may be demonstrated lo contain less llian 50 ppm
PCBs by a composite sample of easii lunch unless I) potting material known to contain PCB.s
at SO ppm or greater was added lo tlic batch or 2) material from a leaking PC 13 ballast was
added to the batch,
6. Each batch of separaLutl metal and utiisuiL'tal maturkdh fbi PCB analysis kIiuIi be
thoroughly mixed before sampling by oik of the following sample col letturn procedures:
A sample may be taken of the material in each shipping container if the
container contains one cubic yard of material or less.
A sample rrniv be composited Irani suiisatiiples taken front more than one
shipping container, provided the composite is taken from no rucie material ;h;ui
U iiitliidft: in <>nt* shipment.
A sample niav be mmrxvytleHl frnm subsamjilcs enllec-lrrl frnm
separated each day, provided the composite is taken from no more material
titan ia included in one shipment, At bast one suasimple shall be taken ot the
separated male-rial generated in a norma! production day.
?. Pottinc material and separated nm-met;ill;c material at or 50 ppm or greater but less
than 500 ppm shall be disposed of in a diemhal waste land fill approved pursuant to 40 ("FR
761,75 oi at; incinerator approved pursuant to 4U CKR 7(;].70.
8. Potting material and septiratul noir metallic material at or 500 ppm or greuier tdialI
lie disposed oi* in ;";ii incinerates approved pursuant to 411 CFR 761.70.
9, PQS wtislc, as defirwd in '10 CFR 761 J, kJihH be stored and transported iii
appiopriate packaging as specified by the United Sute* Department of Transportation.
I 0. In die event fiuili&r desclitaiiiiiiatioii of tie met;!I is required, Salesc-o-AZ niusi
apply ibr a permit amendment for such change.
t\ STORAGE OF RCHs
1 . Storage is limited tn oil-filled electrical equipment, recovered dielectric fluids,
drummed PCD solids auid liquids, lighting ballasts, Kejxitateti mete I components;, potting
mafsrinlsj separated nop-nietiiliic malermLs him.' usipaerlors removed from PCB ballasts, ballast
processing and clean-up consumables listed in Sa!esco-AZ',s application,
2. Storage of PCB and PCB Items arc limited to the PCB storage area Sp-icilled in "hi
Siaie.^co Application except PCB materials and PCB Items in transit to or from the Facility
rrw.y remain outside the designated PCB storage area for a time not to exceed six (6} days,
1. Non-leaking PCB lighting ballasts and PCB articles may be stored tanporarilv
oti'Eitie (he designated storage area for up to 3C day.-; from the date of removal from .service
-------
provided the ballasts are placed in a covered, marked, non-leaking container and a note is
attached to the container indicating the date of the itcm(s) removal from service.
4. Leaking PCB lighting ballasts may be temporarily stored outside the designated
storage area for up to 30 days from the date of removal from service provided the ballasts are
placed in a covered, non-leaking container that contains sufficient sorbent material to absorb
any liquid PCBs remaining in the PCB ballasts and a note is attached to the container
indicating the date the item(s) were removed from service.
5. The total amount of PCB materials and PCB Items at the Facility whether in or
outside the designated PCB storage area may not exceed 40,500 gallons of PCB waste and
7,700 gallons of non-PCB waste nor the quantity whose disposal cost would equal the
estimated cost of disposal of the maximum PCB inventory set forth in Salesco's closure cost
estimate,
6. All equipment used for handling PCBs and PCB Items that come in direct contact
with PCBs should be marked with the PCB ML label (40 CFR 761,45 (a). The PCB Ms label
may be substituted if the equipment cannot accommodate the ML label.
7. Per 40 CFR 761.65 (c)(4), no item of movable equipment that is used for handling
PCBs and PCB Items in the storage and recycling facilities and that comes in direct contact
with PCBs shall be removed from the storage and recycle facility area unless it has been
decontaminated as specified in § 761.79.
8. Any spill onto absorbent material contained within a containment pan shall be
cleaned by removal of the absorbent material within 48 hours of the spill. The absorbent
material must be treated as PBC regulated waste. Ali other spill inside or outside of the PBC
Storage area shall be remediated as a specified in D4 of this approval.
9. Access to the PCB storage and waste handling activities shall be restricted to those
Salesco employees on die signature sheet specified in D2, federal, state and local inspectors,
and emergency response personnel.
D. WQRK5R PROTECTION
1. Saiesco-AZ shall comply with the Safety and Hygiene program of the approved
application.
2. Salesco-AZ's application includes a training plan in the form of a training manual
for training workers. Within thirty (30) days of EPA permit approval, Salesco-AZ must train
its employees as specified in the manual. New employees must be trained as specified in the
manual prior to entering the PCB storage and ballast recycling areas. In addition to
addresssing the regulatory requirements of 40 CFR 761, the training must also include the
Prevention Control and Countermeasure (SPCC) Plan. A signature sheet must be used to
verify personnel participation.
7
-------
3. All plant operations personnel must enter and leave the PCB processing facility
through a clean-in/clean-out facility.
4. Surfaces of the non-processing and clean-in/clean-out areas shall not exceed 10
ug/100 cm2 PCBs,
5. In the event levels of contamination in excess of those referenced in Paragraph
D4, Salesco-AZ shall immediately begin decontamination of the affected area(s). Cleanup to
below the referenced levels shall be completed within 48 hours of the initial discovery of the
contamination.
E. CONTINGENCY ELANS md EMERGENCY PROCEDURES
.1, Saiesco-AZ shall follow the Spill Prevention Control and Countermeasures Plan
(SPCC Plan) in the approved application whenever there is a fire, explosion, or release of
PCBs or hazardous constituents.
2. A copy of the Contingency Plan and all revisions to the Plan arc to be maintained
at the Salcsco-AZ site. A copy of the Training Manual and this Approval shall also be
maintained on-site. Also lists of emergency contacts, telephone numbers, and emergency exit
routes shall be posted in prominent locations throughout the facility,
3. The facility shall at a minimum be equipped with the following:
(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 which is immediately available at the scene of
operations or a hand-held two-way radio, 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,
(d) water at adequate volume and pressure to supply fire hose streams or foam
equipment.
4. Salesco-AZ shall at a minimum test and maintain the equipment specified above as
recommended by the manufacturer to assure its proper operation in time of emergency. In
the event any of the equipment specified above was manufactured by Salesco-AZ, Salesco-AZ
shall establish and follow a testing and maintenance plan for those manufactured items.
5. Whenever PCBs are being poured, mixed, or otherwise handled, Salesco-AZ shall
ensure ihat all personnel involved in the operation will have immediate access to an internal
alarm or emergency communication device, either directly or through visual or voice contact
with another employee.
8
-------
/
6. At all times, there shall be at least one (1) employee either at the Salesco-AZ
facility or on call who has the responsibility for coordinating all emergency response
measures. This employee shall have immediate access to the entire facility and to a device
such as a telephone, cellular phone or a hand-held two-way radio immediately available at the
scene of operation and capable of summoning external emergency assistance. This employee
must have the authority to commit the resources needed to cany out the Contingency Plan.
7. Adequate aisle space shall be maintained to allow for unobstructed access and
egress by personnel, fire protection equipment, and decontamination equipment to ali PCB
items stored on-site,
8. AH facility communications or alarm systems, fire protection equipment, spill
control equipment, and decontamination equipment shall be inspected at the frequencies
referenced in Section XI of the approved application. All such equipment not specifically
referenced in Section XI of the approved application must be inspected at least once a month
to assure its proper operation. Ail emergency equipment inspection and maintenance records
must be maintained at the Salesco-AZ site and made available to the EPA upon request.
9. Prior to operation, Salesco-AZ shall provide a written description of recycling and
storage activities, stored materials, contingency plans, and emergency procedures, as described
in the EPA-approved application, to local fire and police departments, hospitals, and state and
local emergency response teams that may be called upon to provide emergency services.
10. In the event an authorized facility operator of Salesco-AZ believes, or has reason
to believe, that any detectable quantities of PCBs, chlorinated solvents, or reagents have been
released to the environment as a result of recycling and/or storage operation, the operation
shall be terminated immediately, and the facility operator shall immediately inform the EPA
emergency response personnel by telephone at (913) 236-3778. 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 the A I D by the close of
business on the next regular business day following the incident. No additional material may
be stored in die facility until the release problem has been corrected to the satisfaction of the
EPA, and 'the ATD has provided written notice of such determination.
11. Salesco-AZ shall immediately report to EPA if unauthorized entry at the facility
occurred which caused PCBs to be discharged, the nature of the problem, if any, that resulted
from this occurrence, and corrective action taken by the facility to prevent future occurrences.
This includes any tampering, destruction, or loss at the facility which caused release of PCBs.
12. Salesco-AZ shall review and immediately amend, if necessary, the SPCC Plan and
Contingency Plan whenever:
(a) the Plan fails in an emergency,
(b) the facility changes in it:; design, construction, operation, maintenance, or
other circumstances that materially increase the potential for fires,
9
-------
explosions, or releases of PCBs or hazardous constituents, or from other
responses necessary in an emergency,
(c) the list of emergency coordinators changes,
(d) the list of emergency equipment changes,
(e) any major revision is warranted,
(f) EPA determines that a revision to the Plan is necessary.
F. RECORDKEEPING and REPORTING
1. Salesco-AZ shall comply with all recordkeeping requirements outlined in the PCB
Regulation, 40 CFR Part 761.
2. Ail PCB records, documents, and reports shall be maintained at one centralized
location at the Salesco-AZ facility, and shall be made available for inspection by authorized
EPA representatives. When Salesco-AZ ceases operations, all records, documents, and reports
or certified copies thereof, shall be made available to EPA at the Salesco-AZ facility for a
period of at least five (5) years following cessation of operations. If Salesco-AZ is unable to
comply with this condition because it is no longer in control of the site, it shall comply by
making the records, documents, and reports available at the location which is under control of
Salesco-AZ nearest the site.
3. All records required by 40 CFR 761.180 and this Approval shall be written in ink
or typed. Any modification or correction of the records must be initialed and dated by the
supervisor In charge. If the recordkeeping is maintained by computer system, Salesco-AZ
shall maintain monthly printouts of records pertaining to the process.
4. All records, documentation, and information relating to sampling, analysis, and
quality assurance as required by this Approval shall be retained at the Salesco-AZ facility for
a minimum of five (5) years, or longer if requested by the ATD. These records,
documentation, and information shall include the following:
(a) exact date, place, and time of each sample collected,
(b) volume of each sample collected,
(c) name of person collecting each sample,
(d) name of analyst
(e) date and time of analysis,
(f) the analytical techniques or methods used for each sample,
10
-------
(g) the analytical results including chromatographs, calculations, and other raw
data,
(h) calibration records and maintenance records of sampling equipment and
analytical instrumentation, and
(i) records of quality assurance activities as described in Section 6 of'the
approved application.
5. At the completion of a cleanup required by Paragraph E9, Salesco-AZ shall
develop and maintain records of the cleanup including at a minimum:
(a) identification of the source of the contamination
(b) the date and time contamination was discovered;
(c) the date and time cleanup was completed;
(d) a brief description of contaminated area;
(e) the 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;
(f) the amount of waste cleanup material generated and location of its disposal
(g) a certification statement signed by Salesco-AZ personnel stating that the
decontaminated levels referenced in the appropriate Approval condition
has been achieved and that the information contained in the record is true to
the best of his/her knowledge.
6. Salesco-AZ shall submit to the ATD a summary of all modifications to the process
and application document within ten (10) days of the end of each year's operation, or a report
that no such modifications were made.
7. Salesco-AZ shall maintain copies of the Certificate of Disposal for all PCBs and
PCB items which are stored at the commercial storage facility. Certificates of Disposal shall
be provided to the generator within thirty (30) days of receipt by Salesco-AZ of documentation
of final disposal of all materials resulting from the recycling of the generator's PCBs and PCB
items.
G. CLOSURE and FINANCIAL REQUIREMENTS
1. Salesco-AZ shall comply with the current closure plan and closure cost estimate
approved by EPA. At no time may the estimated costs associated with performing closure of
the Salesco-AZ facility exceed the current closure cost estimate approved by EPA.
11
-------
2. Salesco-AZ shall notify the ATD at least 90 days prior to the date it expects to
begin closure.
3. Upon termination of the operation, Salesco-AZ shall proceed according to the
provisions of the Closure Plan submitted to and approved by EPA, As used in this paragraph,
"termination of the operation" includes cessation of operations required by expiration,
termination, or revocation of this Approval.
4. Financial assurance equivalent to that .specified in 40 CFR 761.65(g) shall be
maintained to provide for:
(a) funding of proper closure of the operation. The closure plan shall include the
decontamination and/or disposal in an EPA approved PCR disposal facility of
PCB-contaminated equipment and materials;
(b) compensating others for bodily injury and property damage caused by
accidents arising from operations of the facility,
5. Any payment required to establish or continue the financial assurance mechanism
used to satisfy the financial requirements of this section shall be made, and written
verification thereof shall be furnished to the ATD by the Chief Executive Officer of Salesco-
AZ prior to operation under this Approval. Salesco-AZ shall submit such documentation as
EPA may require to determine that the financial assurance requirements have been met.
6. An executed copy of the trust agreement or other instrument and satisfactory
evidence as determined by EPA of adequate liability insurance meeting the requirements of
40 CFR 264 (H) shall be submitted to the ATD prior to operation under this Approval.
Salesco-AZ shall submit such documentation as EPA may require to determine that the
liability insurance requirement has been met
7. Salesco-AZ shall amend the Closure Plan whenever changes in operating plans or
facility design affect the Closure Plan, including the cmrrent closure cost estimate, or
whenever there is a change in the expected year of closure. Salesco-AZ must submit to the
ATD for approval any modifications to the Closure Plan at least thirty (30) days prior to the
modification.
8. Salesco-AZ shall submit documentation of continued financial assurance annually
to the ATD to meet the requirements of Paragraph 4 of this Section.
9. The cost estimate for closure shall be based on worst-case conditions juid shall be
updated annually, or whenever a change in the Closure Plan increases the closure cost, and
maintained on-site with the Closure Plan. The updated closure cost estimates shall be
submitted to the ATD within thirty (30) days of Salesco-AZ's modification of the estimated
closure cost.
12
-------
H. DEMONSTRATION TEST
Because the SaSesco-AZ process is nearly identical to one approved by US EPA
Region II and since the viability, intergrity, and safety of method has been reported by
Technical Services at the Government Services Canada Headquarters, Salesco-AZ will not be
required to conduct a pre-operation demonstration test. EPA, however, may use an inspection
of the facilities and monitor a production run in lieu of such demonstration test.
Date
Director
Air and Toxics Division
13
-------
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION iX
75 Hawthorne Street
San Francisco, CA 94105-3901
JAN 2 3 1996
Franklin D Sales, Jr.
President
Salesco Systems USA, Inc -AZ
57!56 West Jefferson
Phoenix, AZ 85043
Re:: Modification (decrease) in PCD Storage Capacity and Closure Cost Estimate:
Amendment to EPA ID AZ1) 983473539
Dear Mr. Sales:
Tins letter is, lo inform you of my approval to amend EPA Region IX's Approval
(EPA iD AZD 983473539) for commercial PCB storage which was issued December I \
I 994 to Safesco Systems USA, Inc-A7. located at 5736 West Jefferson in Phoenix, AZ
8504 3.
In a November 2, 1995 letter, you requested the maximum storage of PCB materials
and PCB items that can be stored onsite at your facility be reduced from 40,500 gallons to
24,000 gallons to more closely match your current production rate. This will also allow a
concomitant reduction in your estimated costs for a third party :o dispose of your PCB
invcniorv for closure
In addition, you requested approval to reduce your closure cost estimate for
contingencies from-15% to 6%. In Paragraph 5.I.2 of Volum£ II of your July 6, 1994
"Application for Approval to Operate a Commercial PCB Waste Storage Facility" submitted
to Region IX, you stated that you enjoy reduced transport costs because you can offer
guaranteed periodic shipments to landfill and incinerator disposal sites. To cover the higher,
one-lime shipment costs for a third party conducting the closure, a 40% surcharge was added
to the estimated Freight costs,. Region IX would therefore agree that 6% for contingencies
would provide adequaie protection to cover unforeseen expenses; during closure.
Therefore, the language in Section C, Storage of PCBs, Provision 5 of Region IX's
December 15, 1994 Approval shall be modified as follows:
"The total amount of PCB materials and PCB Items at the Facility whether m or
outside the designated PCB storage area at no time may exceed 24,000 gallons (3,360
cubic feet) of PCB liquids and PCB wastes nor the quantity whose disposal costs
would exceed the estimated cost of disposal of the maximum PCB inventory set forth
in Salesco's laiesi closure cost estimate"
-------
The changes, summarized below, shows the decrease in estimated closure costs due to
the reduced storage capacity and decrease for contingency to 6%. The estimates for third
parly decontamination of the facilities ($3 6,005) and for miscellaneous expenditures ($4,3SO)
remain unchanged.
SUMMARY OF CLOSURE COST ESTIMATES
ORIGINAL AMENDED
Total Disposal Costs
1 16.075
56,677
Total Decontamination Costs
36,005
36,005
Total Miscellaneous Costs
4,380
4,380
SUBTOTAL
156,460
97,062
Contingency
23. 469
5,824
TOTAL
179,928
102,386
If you have any questions regarding this amendment, please contact Charles Berrey or
Yosh Tokiwa of my staff at (415) 744-1 11? or (4J 5) 744-11 IS, respectively.
Sincerely,
Director
Air and Toxic;; Division
Enclosure:
cc: David K. Hanneman, OPPT
-------
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
8EGION IX
75 Hawthorne Street
San Francisco, CA 94105-3901
MAR 3 l 1997
Franklin D. Sales, Jr.
President
SaJcsco Systems USA, Inc.-AZ
5736 West Jefferson
Phoenix, AZ S5043
Re:: Modification (decrease) In Closure Cost Estimate: Amendment to EPA D> AZD
983473539
*
Dear Mr. Sales;
This letter is to inform you that EPA Region IX grants your February 6, 1997 request
to reduce (Amendment 2) the estimated cost for closure of Salesco Systems USA, Inc.-AZ
Commercial PCB Storage facility (EPA ED A ZD 983473539) located at 5736 West Jefferson
in Phoenix, AZ 85043 from $102,886 to $72, 653.
Your rationale for the reduction in closure cost estimate is based on changes from the
PCB waste handling practices that were stipulated in your application for commercial storage
and the concomittant reduction in disposal expenses to close the facility as follows:
1. Liquids for incineration would be transported in bulk using tankers instead of shipping*in
individual drums.
2. Solids for landfills would be shipped in bulk containers (roll-offs) instead of drums.
3. All unprocessed ballasts remaining at the time of closure would be landfilled instead of
incinerated.
The table below summarizes the previous and new estimates for a third party to
dispose of the PCB wastes as a consequence of these changes. The costs to decontaminate
the facilities and the funds for miscellaneous expenditures remain unchanged.
Although you justify the landfilling of ballasts in place of incineration on the basis
that you have determined 95% to 98% of the ballasts contain PCBs below 500 ppm, 40 CFR
761 does not prohibit disposal of ballasts in landfills at any concentration.
-------
*
SUMMARY OF CLOSURE COST ESTIMATES
11/30/95
3/30/97
Incineration Costs
21,574
12,693
Landfill Costs
34,703
14,960
Total Decontamination Costs
36,005
36,005
Total Micellaneous Costs
4,380
4,380
SUBTOTAL
97,062
68,038
Contingency
5,824
4,083
TOTAL
102,886
72,121
If you have any questions regarding this amemdment, please contact Yosh Tokiwa of
my staff at (415) 744-1118.
Sincerely,
t
Paula Bisson
Chief
Toxics Section
Pesticides and Toxics Brandt
Cross Media Division
cc; David K, Hanneman, OPPT
-------
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION IX
75 Hawthorne Street
San Francisco, CA 94105-3901
OM 2 8 I938
Franklin D. Sales, Jr.
President
Salesco Systems USA, Inc.-AZ
5736 West Jefferson
Phoenix, AZ 85043
Re:: Modification (decrease) in PCB Storage Capacity and Closure Cost Estimate;
Amendment to EPA ID AZD 983473539
Dear Mr. Sales:
This letter approves Salesco's August 28, 1998 request to amend EPA Region IX*s
Approval (EPA ID AZD 983473539) for commercial PCB storage which was issued December
15, 1994 to Salesco Systems USA, Inc.-AZ located at 5736 West Jefferson in Phoenix, AZ
85043. The amendment reduces Salesco's maximum storage of PCB materials and PCB items that
can be stored onsite from 18,000 gallons to 7,645 gallons with a concomitant decrease in the
closure trust fund from $72,121 to $52,703.
The reduction in the trust fund's dollar amount summarized below reflects the decrease in
PCB materials being stored on-site and the elimination of decontamination costs for the now
permanently closed two on-site, storm drain drywells which were never used. The expenditures
for miscellaneous costs ($4,380) remain unchanged.
SUMMARY OF CLOSURE COST ESTIMATES
Feb 1997 Aug 1998
Total Disposal Costs
27,653
15,045
Total Decontamination Costs
36,005
30,295
Total Miscellaneous Costs
4,380
4,380
SUBTOTAL
68,038
49.720
Contingency
4,083
2,983
TOTAL
72,121
52,703
* A *
hSSj
Prinftd
-------
If you have any questions regarding this amendment, please contact Max Weintraub at
415/744-1129 or Yosh Tokiwa at (415) 744-1118.
Enclosure:
cc: David K. Hanneman, OPPT, US EPA
Sincerely,
Paula Bisson
Chief
Toxics Section
-------
APPENDIX B - TSCA SECTION 6(E) PCB COMMERCIAL STORAGE RENEWAL
APPLICATION, REVISION 10, JUNE 2015
-------
Appendix B is available in the EPA Region 9 Repository as well
as online at:
http://www.epa.gov/region9/pcbs/disposai/veoiia/index.html
-------
APPENDIX C - NOTICE OF DEFICIENCIES AND RESPONSES
-------
Notice of Deficiency #1
(August 17, 2009)
-------
Notice of Deficiency
Application for Approval to Operate a Commercial PCB Waste Storage
Facility for Veolia Environmental Services, Revision 6, June 2009
Toxic Substances Control Act ("TSCA Application")
August 17, 2009
Key Concerns
1. Need for Comprehensive Facility Operating Plan - Operational procedures and
plans for the facility are spread throughout the TSCA Application. In some cases, key
areas such as site inspections and recordkeeping and reporting are not discussed in the
main part of the TSCA Application, but instead are only mentioned in documents
included in the appendices. For example, site inspection of the storage areas is only
discussed in the Spill Prevention, Control, and Countermeasure (SPCC) Plan contained
in Appendix G. Please consider creating a single facility operating plan that will
consolidate the procedures and protocols used for everyday operations at the site. The
Contingency Plan and SPCC Plan as well as any other standard plans can all be
summarized in an overall Facility Operating Plan and included as an appendix to the
document. The Facility Operating Plan should be submitted as part of the TSCA
Application.
2. Reporting and Recordkeeping Plan Needed - The Application does not address
the Toxic Substances Control Act (TSCA) requirements for reporting and recordkeeping
that apply to facilities that generate, transport, and store PCBs, PCB Items and PCB
waste materials. There is no discussion in the TSCA Application of annual records,
annual document logs, manifests, manifest discrepancies, special reports, and
exception reports. Please revise the TSCA Application to include a recordkeeping and
reporting plan that meets the applicable requirements contained in 40 CFR § 761.180,
40 CFR § 761.205 (f), 40 CFR § 761.207, 40 CFR § 761.208, 40 CFR § 761.209, 40
CFR § 761.210, 40 CFR § 761.211, 40 CFR § 761.215, and 40 CFR § 761.218. The
reporting and recordkeeping plan should be included in the appendices along with a
new section in the main TSCA application that summarizes how the applicable
requirements are satisfied.
3. Financial Assurance Mechanism - The TSCA Application contains a financial
assurance mechanism in Appendix K. The financial assurance mechanism is a trust
agreement dated January 1, 2003 for $148,620. The closure cost estimate contained in
Appendix J is for $221,072. The grantor listed in the trust agreement is Onyx Special
Services, Inc. The financial assurance trust agreement should be updated to list Veolia
ES Technical Services, LLC as the grantor and the dollar amount increased to be
consistent with the most current closure cost estimate. In addition, the financial
assurance mechanism should be discussed in the main part of the TSCA Application
with references to the detailed documents contained in Appendix K.
-------
General Comments
4. Consolidation of TSCA Application - Some of the appendices used in the June
2009 TSCA Application are contained in a 2005 submittal. Please revise the TSCA
Application and consolidate all of the appendices into the current version.
5. Renewal of TSCA Approval - Title and Introduction. The title and introduction
indicate that Veolia ES Technical Services, LLC (VES) is seeking an Approval under the
Toxic Substances Control Act (TSCA) to store and manage PCB wastes. The facility
has an existing Approval under TSCA that was issued by the U.S. Environmental
Protection Agency in 1994. As such, this application is for a renewal of the 1994
Approval. The title and introduction should be revised to indicate that this application is
for a renewal of the existing TSCA Approval.
6. Summary Table of PCB Units - Scope of TSCA Application. Please include an
additional section that summarizes the scope of TSCA Application. The section should
include a table that summarizes all of the units in the TSCA Application that are
proposed to store and manage PCB wastes. The table should identify the unit, describe
what the unit does, specify the applicable dimensions such as length, width, and/or
height, specify allowable volumes of waste, identify where it is located and provide a
reference where it is discussed in the TSCA Application.
7. Summary Table for Reporting Submittals - Please include a table that
summarizes the regulatory agency reporting requirements. The table should include, at
a minimum, the name of the report, what is contains, when it is to be submitted, and
which agency will receive a copy. There are also oral and written reporting
requirements contained in the Contingency Plan, Closure Plan, and SPCC Plan.
Please update the individual plans as appropriate to include U.S. EPA as a recipient of
required reports and notifications.
8. Facility Inspection Program Description Needed - Page 7, Section 2.5,
Compliance Programs. Section 2.5 does not discuss or reference facility inspections.
The Storage discussion of Section 3.4.2, PCB and non-PCB Ballast Processing
Activities, indicates that ballast containing drums can be inspected on a daily basis, but
provides no other detail. A more thorough discussion of facility inspections is included
in Section 2.8 of the SPCC Plan which is contained in Appendix G. Please include a
section in the main TSCA Application that discusses the procedures, schedule and
record keeping requirements for the full facility inspection program. The discussion may
include references to the SPCC Plan or other applicable documents.
9. Expanded Facility Description Needed - Page 8, Section 3.0, Details of
Commercial Storage Facility. Section 3.0 does not contain sufficient information on
the facility description (e.g., number of buildings, summary of site conditions and
operations). Please include an additional section or revise the current text to include
additional detail on the facility. Some of this information is already contained in
Sections 4.1 and 4.2 of the Closure Plan and could be summarized in Section 3.0.
2
-------
10. Commercial Storage Facilities. Marking Requirements - Page 8. Section 3.0.
Details of Commercial Storage Facility. 40 C.F.R. § 761.65(c)(3) requires that "[a]ny
storage area subject to the requirements of paragraph (b) or paragraph (c)(1) of this
section shall be marked as required in Subpart C §761,40(a)(10)." Please address this
requirement in the TSCA Application.
11. Compliance Certification Language - Page 9, Section 3.2.1, Compliance
Certification. 40 C.F.R. § 761.65(d)(2)(iii) requires that "[T]he owner or operator of the
unit has certified compliance with the storage facility standards in paragraphs (b) and
(c)(7) of this section." The language provided in Section 3.2.1 is important because it
certifies that the information contained in the overall TSCA Application is true, accurate,
and complete. However, it does not certify compliance with the storage facility
standards. Please keep the overall certification language currently located in Section
3.2.1 and move it to a new location at the beginning of the TSCA Application. Also,
please insert new language into Section 3.2.1 that certifies compliance with the storage
facility standards as required in 40 C.F.R. § 761,65(d)(2)(iii). Please consider the
following certification language as a suggestion:
"Pursuant to 40 C.F.R. § 761,65(d)(2)(iii) and under the possibility of civil and
criminal penalties of law for the making or submission of false or fraudulent
statements or representations (18 U.S.C. § 1001 and 15 U.S.C. § 2615), I hereby
certify, as the owner or operator of the unit at issue, that the Veolia ES Technical
Solutions, LLC facility located at 5736 West Jefferson Street, Phoenix, Arizona is
in compliance with the storage facility standards for PCBs specified at 40 C.F.R.
§§ 761.65(b) and 761.65(c)(7)."
12. Floor Drain Discussion Needed - Page 12, Section 3.2.3.2, Facility Flooring
and Secondary Containment. Please update Section 3.2.3.2 to include information
on floor drains. The floor drain information is already contained in the Closure Plan.
Section 4.1.3 of the Closure Plan states that "Floor drains, sanitary sewer discharges, or
other types of collection lines that could contaminate sewers and sewage treatment
plants do not exist in the areas where storage or processing occurs." This information
should be included in Section 3.2.3.2.
13. Unclear Where PCB Wastes are Managed at the Facility - Page 14, Section
3.4, PCB Ballast and Equipment Recycling. Section 3.4 contains inconsistencies in
regard to where PCBs are managed at the facility. Figure 5B, Proposed Layout
Modifications, contains modified floor plans for Buildings 2 and 3. It appears, from
comparing Figures 5, 5B, and 10, that all of the PCB processing operations are
proposed to take place throughout Building 3. The proposed modification is not
discussed in Section 3.4. The text in Section 3.4 references Figure 10 and indicates
that all of the PCB processing will take place just in the ballast processing area of
Building 3. Figure 10 shows an area labeled "Ballast Processing" but there is no
reference to a PCB equipment processing area. Please clarify where PCB wastes will
3
-------
be managed at the facility and the status of the proposed modification. Also, please
update the figures as necessary to reflect the current floor plans of the buildings.
14. Scope and Status of Secondary Containment Construction Unclear - Page
14. Section 3.4.1, Ballast and PCB Equipment Processing Area. Section 3.4.1
indicates that Veolia ES Technical Solutions, LLC (VES) "will" enclose the ballast
processing area within Building 3 with a six-inch high containment curb and hire a third
party contractor to apply epoxy flooring to the area that is resistant to PCB
contamination. It is not clear from the discussion if the work is planned or has already
been completed. The scope of the construction is also not clear. Figure 5B, Proposed
Layout Modifications, shows a revised floor plan where it appears that all PCB
processing operations will take place in Building 3. If this is the case, will the entire
Building 3 be enclosed with a curb and have epoxy flooring? Please revise the text in
Section 3.4.1. to indicate the status and scope of the construction work.
15. Decontamination of Movable Equipment - Page 14, Section 3.4, PCB Ballast
and Equipment Recycling; and Page 21, Section 3.5, PCB and PCB Contaminated
Equipment Recycling. With the possible exception of the Ballast Processing Area in
Building 3, Veolia ES Technical Services, LLC (VES) uses fabricated steel pods with
bermed sides to achieve secondary containment for drums, totes and other items
containing PCB liquids. 40 C.F.R. §761.65(c)(4) requires that "[N]o item of movable
equipment that is used for handling PCBs and PCB Items in the storage units and that
comes in direct contact with PCBs shall be removed from the storage unit area unless it
has been decontaminated as specified in §761.79." How are the requirements of 40
C.F.R. §761.65(c)(4) satisfied if movable equipment such as a fork lift is used to move
drums and totes from one containment pod to another and having to cross uncontained
areas? What measures are being taken to minimize the possibility for cross
contamination? Please revise Sections 3.4 and 3.5 to address these concerns.
16. PCB Container Requirements - Page 14, Section 3.4, PCB Ballast and
Equipment Recycling and Page 21, Section 3.5, PCB and PCB Contaminated
Equipment Recycling. The TSCA Application does not discus how the requirements
of 40 C.F.R. § 761.65(c)(6) and 40 C.F.R. § 761,65(c)(7)(i) for storage and transport
containers are addressed. Please revise the text to address the PCB container
requirements.
17. Processing PCB Contaminated Equipment - Page 21. Section 3.5. PCB and
PCB Contaminated Equipment Recycling. Section 3.5 discusses how PCB
contaminated electrical equipment is processed at the facility. PCB containing fluids
from the electrical equipment are drained and stored for disposal. Depending on the
PCB concentration, some pieces of electrical equipment may undergo a
decontamination process using a solvent. It is not clear from the discussion what types
of electrical equipment are processed (e.g., transformers), where at the facility the fluid
draining process takes place, the equipment used in the draining process and where the
drained liquids and spent solvents are stored prior to disposal. Please revise the text of
Section 3.5 to include this information. The revised text should reference applicable
4
-------
figures such as possibly Figure 5B, Proposed Layout Modifications, which shows a
transformer process area in Building 3.
18. PCB Storage Operations and Other Wastes - Page 23, Section 4, Closure
Plan. The Closure Plan, which is dated June 2009, describes the procedures (e.g.,
decontamination) that Veolia ES Technical Services, LLC will follow to close the facility.
40 C.F.R. § 761.65(e)(1)(ii) requires that the facility closure plan include "[a]n
identification of the maximum extent of storage operations that will be open during the
active life of the facility, including an identification of the extent of PCB storage
operations at the facility relative to other wastes that will be handled at the facility." The
Closure Plan does not identify the extent of PCB storage operations relative to other
wastes (e.g., RCRA) that are handled at the facility. Please revise the Closure Plan to
include this information.
19. Closure Soil Sampling in Dry Wells - Page 33, Closure Plan, Table 4 - PCB
Area Classification and Appendix J, Third Party Cost for Statistical Sampling and
Closure Cost Certification. The number of soil samples for dry wells stated in the
Closure Plan is not consistent with what is stated in the Closure Cost Estimate
(Appendix J). Tables 4 of the Closure Plan states that the sampling protocol for each
drywell is as follows: "6 samples; three each from 2- and 4- foot depths and composite
to 2 samples for analysis (2)." The closure cost estimate in Appendix J indicates that
two soil samples will be collected for each dry well (see Item 6, Third Party Cost for
Statistical Sampling and Closure Cost Certification).
20. Soil Sampling Depths for Drvwells - Page 33, Closure Plan, Table 4 - PCB
Area Classification. Table 4 indicates that during site closure soil samples will be
taken at the 2- and 4- foot depths in the dry wells. Since the contaminants of concern
are not volatile (e.g., PCBs), U.S. EPA believes that taking discrete soil samples at the
0-1 foot depth and the 2-3 foot depth would provide a better characterization of potential
contamination in the drywells. Please update the Closure Plan including Table 4 to
indicate that soil samples in the dry wells will be taken at the 0-1 foot depth and 2-3 foot
depth.
21. Composite Samples Not Applicable for Closure - Page 44. Section 5. Closure
Cost Estimate and Appendix J. The closure cost estimate for media analysis
detailed in Appendix J includes composite sampling. Table 3 - Sample Basis indicates
that a total of 945 samples will be taken and composited (mixed) into 447 samples that
will be analyzed at a laboratory. The purpose of these media samples is to characterize
and confirm that the facility has been decontaminated to below applicable action levels.
Composite samples tend to dilute and average concentrations over an area such that
exceedances of the action levels may not be detected. Please revise the closure plan
and cost estimate to include individual samples without compositing.
22. Secondary Containment Calculations - Displacement Volume - Appendix E.
Page 3-4, Section 3.2. The secondary containment calculations account for the
5
-------
displacement volume of 55-gallon drums, but do not consider displacement for 300
gallon totes. Please explain why displacement is included in one instance and not the
other. U.S. EPA prefers considering the displacement in both cases as this approach is
most protective.
23. Examples of Secondary Containment Calculations Needed - Appendix E.
Page 3-4, Section 3.2. Please revise Appendix E to include examples showing how
the available and required volumes are calculated for the containment pods including
any assumptions (e.g., dimensions of 55-gallon drum).
24. Rainwater Volume Should be Included for Secondary Containment
Calculations - Appendix E. Section 3.2.5 of the TSCA Application states that "Any
PCB articles or PCB equipment stored outside will be placed in secondary containment
that is large enough to contain all PCB liquids plus the rainfall from a 25-year 24 hour
storm event." Secondary containment calculations contained in Appendix E do not
consider or discuss rainfall. Please revise the calculations in Appendix E to consider
rainfall for any secondary containment pods that will be used outside.
25. Review/Update Needed for Spill Prevention. Control, and Countermeasures
Plan - Appendix G,_ The SPCC Plan (SPCC) is dated September 2003 and should be
reviewed and updated if necessary to ensure that the emergency contact information
and inspection protocols are still accurate. If the SPCC Plan is updated, the facility
name should be changed from Onyx to Veolia Environmental Services.
26. Containment for North Side of Facility - Spill Prevention, Control, and
Countermeasures Plan - Appendix G, Sections 3.1 and 3.4. The discussion of spill
retention needs clarification because there are inconsistencies between what is stated
in Section 3.1, Facility Drainage and Section 3.4, Facility Truck Loading/Unloading
Facilities. Section 3.4 discusses how PCB containing fluids are transferred from
storage totes into tanker trucks. Section 3.4 reads "Transfer occurs through vacuum
hose and there is no piping associated with this transfer operation. The area adjacent
to these transfer operations slopes north toward the on-site retention basin. Should
there be a spill event that is not captured within the secondary containment bins,
spillage would flow to the retention basin...." This is not consistent with Section 3.1
which states that containment on the north side of the facility consists of a depression or
low point running east to west and that the on-site dry wells (retention basins) have
been sealed. Please revise Sections 3.1 and 3.4 to clarify the nature of the containment
system and the status of the retention basins. Also, please indicate if the perimeter of
the north side of the facility is bermed and update Figure 2 to show pertinent
containment features (e.g., retention basins). This is important since any accidental
spills of PCB contaminated liquids from a tanker truck would likely be in the north area
of the facility.
27. Expired Liability Insurance - Appendix I, Insurance Certificate. The liability
insurance certificate provided in Appendix I indicates that the policy expired in 2004.
6
-------
Please provide current proof of liability insurance for both sudden and accidental as well
as non-sudden accidental occurrences.
Minor Changes
28. Emergency Response Plan/Contingency Plan - Page 7, Section 2.5,
Compliance Programs. The Compliance Program section references an "Emergency
Response Plan" in Appendix F. Appendix F contains the Contingency Plan. Please
update the language in Section 2.5 to indicate that the Contingency Plan is contained in
Appendix F.
29. Copy of Closure Cost Estimate at Facility - Page 44, Section 5, Closure Cost
Estimate. Section 5 does not indicate that a copy of the closure cost estimate will be
kept at the facility as required in 40 C.F.R. § 761.65(f)(4). 40 C.F.R. § 761.65(f)(4)
requires that "[T]he owner or operator of the facility 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." Please revise Section 5 to
address this comment.
30. Page Numbers for Contingency Plan - Appendix F. Please add page numbers
to the Contingency Plan.
7
-------
Notice of Deficiency #2
(January 4, 2011)
-------
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION IX
75 Hawthorne Street
San Francisco, CA 94105
January 4, 2011
Mr. James D. Harrison
Operations Manager
Veolia ES Technical Solutions, L.L.C.
5736 W. Jefferson Street
Phoenix, AZ 85043
RE: U.S. EPA Evaluation of Response to Notice of Deficiency (dtd August 17, 2009)
for Application for TSCA Section 6(e) PCB Commercial Storage Approval,
Revision 6, dated June 16, 2009 and Second Notice of Deficiency for Application
for TSCA Section 6(e) PCB Commercial Storage Approval, Revision 6, dated
July 21, 2010 for Veolia ES Technical Solutions, L.L.C., 5736 West Jefferson
Street, Phoenix, AZ 85043; EPA ID AZ0 000 337 360
Dear Mr. Harrison:
Thank you for your letter of July 21, 2010 transmitting to us a revised Application for the
TSCA Section 6(e) PCB Commercial Storage Approval, Revision 6, dated July 21, 2010
("TSCA Application"). The TSCA Application included revisions made to address the
U.S. Environmental Protection Agency ("U.S. EPA") August 17, 2009 Notice of
Deficiency ("August 2009 NOD") comments.
U.S. EPA has completed its review of the revised TSCA Application and has prepared
an evaluation of Veolia's response to the August 2009 NOD (see Attachment 1). We
have also prepared a second Notice of Deficiency dated January 4, 2011 ("January
2011 NOD") with completely new comments (see Attachment 2).
Most of the 30 comments in the August 2009 NOD were adequately addressed by
Veolia and require no further response. However, Comments 1, 2, 3, 7, 14, 21, 24, and
28 require additional resolution and/or clarification. Please refer to Attachment 1 for
complete details.
The January 2011 NOD contains 14 new comments that raise several key concerns as
well as a few minor comments and changes. Please refer to Attachment 2 for a
complete discussion and U.S. EPA recommendations. The key concerns can be
summarized briefly as follows:
-------
Mr. James Harrison
Page 2 of 4
• Need for Single Stand-Alone Closure Plan - The July 2010 TSCA Application
discusses the facility closure process in Section 4.0, Closure Planning, but does not
contain a single stand-alone plan. A single stand-alone Facility Closure Plan is
needed as required in 40 C.F.R. § 761.65(d)(2)(iv) before U.S. EPA can approve the
TSCA renewal. The stand-alone Facility Closure Plan should be summarized in the
TSCA Application and included as one of the Appendices.
• Facility Storage Capacity - The proposed facility storage capacity of 52,285 gallons
discussed in Section 1.1 is not consistent with the allowed total volume of 79,720
gallons listed for regulated units in Table 1-2, which lists all of the regulated units
and their allowed storage capacities.
• Table 1-1. Permitted Capacity - Table 1-1 lists the typical PCB waste inventory that
is likely to be at the facility. A footnote to the table indicates that the typical inventory
"is not intended to be interpreted as a maximum quantity for any specific type of
PCB waste stream." The title of Table 1-1 is "Permitted Capacity" which implies that
the table contains legal limits.
• Statistical Analysis of Closure Sampling Results - The proposed statistical approach
is not acceptable for determining if the closure standards have been achieved. Each
individual sample result must be compared to the applicable PCB standard.
• Sampling of Performance-Based Solution - The TSCA regulations at 40 C.F.R. §
761.79(d)(2) allow solvents to be reused for decontamination as long as the PCB
concentration is below 50 ppm. Veolia's proposed approach does not account for
the possibility that PCB concentrations in the performance-based solution could
exceed 50 ppm in less than one week.
• Appendix I - The closure cost estimate does not account for removing the maximum
storage volume allowed for by the TSCA Approval. The facility storage capacity
question raised above should be resolved before revising the closure cost estimate.
The January 2011 NOD is issued under the authority of 40 C.F.R. §§ 761.65(d)(3) and
(d)(4). Please revise the TSCA Application to address the outstanding August 2009
NOD Evaluation Comments and the January 2011 NOD, and submit a revised
Application to U.S. EPA within 60 calendar days of the receipt of this letter. We cannot
process Veolia's TSCA Application until we have received the requested revisions. U.S.
EPA retains its discretion to propose conditions as part of the TSCA Approval which
differ from those included as part of the revised TSCA Application.
Please submit two hard copies (double-sided copies, please) and one electronic copy of
-------
Mr. James Harrison
Page 3 of 4
the revised Application and your responses to both the August 2009 and January 2011
NODs to the new project manager, Ronald Leach, at the following address:
Ronald Leach, Project Manager
RCRA Corrective Action Office (WST-5)
Waste Management Division
U.S. EPA Region 9
75 Hawthorne Street
San Francisco, CA 94105-3920
(415) 972-3362
Ron has assumed management of this project effective today, January 4, 2011, while I
am on a detail assignment here in the U.S. EPA Region 9 Water Division. Should you
have any questions or concerns, please do not hesitate to contact Ron at the above
contact information.
Sincerely,
//signed// 01/04/2011
Susanne Perkins
RCRA Project Manager
RCRA Facilities Management Office
Waste Management Division
Enclosures:
Attachment 1 - U.S. EPA Evaluation of Veolia response to August 17, 2009 Notice of
Deficiency
Attachment 2 - Second Notice of Deficiency, dated January 4, 2010
CC: (with enclosures):
Mr. Anthony C. Leverock
Manager, Hazardous Waste Permits Unit
AZ Department of Environmental Quality
1110 West Washington Street
Phoenix, AZ 85007
-------
Mr. James Harrison
Page 4 of 4
Mr. Wayne Bulsiewicz
EHS Manager
Veolia ES Technical Solutions, L.L.C.
5736 W. Jefferson Street
Phoenix, AZ 85043
Veolia Administrative Record File (RCRA Records Center)
Susanne Perkins, WST-4
Ronald Leach, WST-5
-------
Attachment 1
U.S. EPA Evaluation of Response to Notice of Deficiency Comments
dated August 17, 2009
Veolia ES Technical Solutions L.L.C. ("Veolia") - Toxic Substances
Control Act Permit Renewal Application dated June 16, 2009
("TSCA Application")
Key Concerns
1. Need for Comprehensive Facility Operating Plan - Operational procedures and
plans for the facility are spread throughout the TSCA Application. In some cases, key
areas such as site inspections and recordkeeping and reporting are not discussed in the
main part of the TSCA Application, but instead are only mentioned in documents
included in the appendices. For example, site inspection of the storage areas is only
discussed in the Spill Prevention, Control, and Countermeasure (SPCC) Plan contained
in Appendix G. Please consider creating a single facility operating plan that will
consolidate the procedures and protocols used for everyday operations at the site. The
Contingency Plan and SPCC Plan as well as any other standard plans can all be
summarized in an overall Facility Operating Plan and included as an appendix to the
document. The Facility Operating Plan should be submitted as part of the TSCA
Application.
Veolia Response to Comment 1: Veolia has developed a comprehensive facility
operating plan in accordance with Comment 1. The operating plan includes procedures
for waste acceptance, storage procedures, processing procedures, and outbound
shipment procedures. In addition, it discusses the management of movable equipment
and the facility marking protocol. Veolia has used Tables, where practical, to facilitate
revisions to its permit renewal application. See Section 3.6 - Operations Plan, Section
3.7 - Facility Greening, Section 3.8 - Inspections Program, and Section 3.9 - Records
and Reporting Program.
U.S. EPA Evaluation of Comment 1 Response: Partially Addressed. Section 3.6
indicates that Veolia has developed a Facility Operations Plan that addresses
area activities. The elements of the operations plan are discussed in Sections
3.6, 3.8 (Inspections Program) and 3.9 (Records and Reporting Program) but the
TSCA Application does not include a single stand-alone plan. It is not clear how
sections of the TSCA application will be used to guide everyday operations at the
facility.
U.S. EPA recommends that Sections 3.6, 3.8, 3.9 and information from other
applicable sections (e.g., contingency planning, personnel training and security
measures) be transformed into a single operations plan that is attached as an
1
January 4, 2011
-------
appendix to the TSCA Application. A summary of the Facility Operating Plan and
all of its elements could then be included in the TSCA Application.
2. Reporting and Recordkeeping Plan Needed - The Application does not address
the Toxic Substances Control Act (TSCA) requirements for reporting and recordkeeping
that apply to facilities that generate, transport, and store PCBs, PCB Items and PCB
waste materials. There is no discussion in the TSCA Application of annual records,
annual document logs, manifests, manifest discrepancies, special reports, and
exception reports. Please revise the TSCA Application to include a recordkeeping and
reporting plan that meets the applicable requirements contained in 40 CFR § 761.180,
40 CFR § 761.205 (f), 40 CFR § 761.207, 40 CFR § 761.208, 40 CFR § 761.209, 40
CFR § 761.210, 40 CFR § 761.211, 40 CFR § 761.215, and 40 CFR § 761.218. The
reporting and recordkeeping plan should be included in the appendices along with a
new section in the main TSCA application that summarizes how the applicable
requirements are satisfied.
Veolia Response to Comment 2: A reporting and recordkeeping plan has been
developed for the facility in accordance with the details provided in Comment 2. The
Plan includes a general overview/ plan description and captures the records and
reporting requirements in Table format. See Section 3.9, Records and Reporting
Program.
U.S. EPA Evaluation of Comment 2 Response: Partially Addressed. The TSCA
Application includes a discussion of records and reporting in Section 3.9, but
does not contain a single stand-alone plan. Section 3.9 includes Tables 3-3 and
3.4 which provide a very good summary of all recordkeeping and reporting
requirements. However, U.S. EPA is requesting a single stand-alone plan that
describes in more detail what is required for recordkeeping and reporting. The
single plan would specify what should be included for each required record and
report. This information can be taken directly from the regulations. For example,
40 C.F.R. § 761.180(b)(2) specifies all the required elements of an Annual
Document Log. The Recording Keeping and Reporting Plan should be discussed
in and included as an attachment to the Facility Operations Plan.
3. Financial Assurance Mechanism - The TSCA Application contains a financial
assurance mechanism in Appendix K. The financial assurance mechanism is a trust
agreement dated January 1, 2003 for $148,620. The closure cost estimate contained in
Appendix J is for $221,072. The grantor listed in the trust agreement is Onyx Special
Services, Inc. The financial assurance trust agreement should be updated to list Veolia
ES Technical Services, LLC as the grantor and the dollar amount increased to be
consistent with the most current closure cost estimate. In addition, the financial
assurance mechanism should be discussed in the main part of the TSCA Application
with references to the detailed documents contained in Appendix K.
Veolia Response to Comment 3: The financial assurance mechanism will be updated
at the time that the renewal application is deemed acceptable by EPA, and at which
2
January 4, 2011
-------
time a draft permit is developed. Veolia has provided a brief description of the type of
financial assurance mechanism proposed, and the amount of the mechanism (based
on the revised closure cost estimate); however, the financial assurance mechanism
appended to the renewal application will be reflective of the closure cost calculated in
accordance with the current (e.g., administratively continued) TSCA Section 6(e)
permit. The current estimate is financed for $167,319 and was most recently updated in
March 2010. Financial Assurance mechanism replaced with most current mechanism
dated March 2010. See Appendix J.
U.S. EPA Evaluation of Comment 3 Response: Partially Addressed. The
proposed financial assurance mechanism is not currently funded at a level to
cover the full costs of facility closure. The financial assurance mechanism is for
$168,406.57 (See Appendix J of TSCA Application) which is not adequate to cover
the estimated closure costs of $223,514. 26 (see Appendix I of TSCA Application).
Veolia's response to the original comment states that the financial assurance
mechanism will be updated when the renewal application is deemed acceptable
by U.S. EPA. A fully funded financial assurance mechanism must be included in
the TSCA Application before U.S. EPA can deem the Application complete.
Financial Assurance for facility closure is required pursuant to 40 C.F.R. §
761.65(d)(2)(v) before U.S. EPA can issue a final approval. 40 C.F.R. §
761.65(d)(2)(v) states that "The owner or operator has included in the application
for final approval a demonstration of financial responsibility for closure that
meets the financial responsibility standards of paragraph (g) of this section."
General Comments
4. Consolidation of TSCA Application - Some of the appendices used in the June
2009 TSCA Application are contained in a 2005 submittal. Please revise the TSCA
Application and consolidate all of the appendices into the current version.
Veolia Response to Comment 4: Veolia has consolidated specific Appendices, and
previously forwarded its proposed Table of Contents/Draft Outline for the revised permit
application for EPA review. See Appendices Listing in Application TOC.
U.S. EPA Evaluation of Comment 4 Response: Comment Adequately Addressed.
5. Renewal of TSCA Approval - Title and Introduction. The title and introduction
indicate that Veolia ES Technical Services, LLC (VES) is seeking an Approval under the
Toxic Substances Control Act (TSCA) to store and manage PCB wastes. The facility
has an existing Approval under TSCA that was issued by the U.S. Environmental
Protection Agency in 1994. As such, this application is for a renewal of the 1994
Approval. The title and introduction should be revised to indicate that this application is
for a renewal of the existing TSCA Approval.
Veolia Response to Comment 5: Veolia has revised the Introduction to the permit
application to clarify that this is a renewal effort. Introduction Section revised to include
3
January 4, 2011
-------
four subsections including: Introduction and Stated Purpose, Certification Statements,
PCB Summary Table, and Regulatory Contact Information. See Section 1.0 -
Introduction.
U.S. EPA Evaluation of Comment 5 Response: Comment Adequately Addressed.
6. Summary Table of PCB Units - Scope of TSCA Application. Please include an
additional section that summarizes the scope of TSCA Application. The section should
include a table that summarizes all of the units in the TSCA Application that are
proposed to store and manage PCB wastes. The table should identify the unit, describe
what the unit does, specify the applicable dimensions such as length, width, and/or
height, specify allowable volumes of waste, identify where it is located and provide a
reference where it is discussed in the TSCA Application.
Veolia Response to Comment 6: Veolia has developed a summary table that is
presented in the Introduction of the application. See Section 1.3 - PCB Summary Table.
U.S. EPA Evaluation of Comment 6 Response: Comment Adequately Addressed.
7. Summary Table for Reporting Submittals - Please include a table that
summarizes the regulatory agency reporting requirements. The table should include, at
a minimum, the name of the report, what is contains, when it is to be submitted, and
which agency will receive a copy. There are also oral and written reporting
requirements contained in the Contingency Plan, Closure Plan, and SPCC Plan.
Please update the individual plans as appropriate to include U.S. EPA as a recipient of
required reports and notifications.
Veolia Response to Comment 7: Veolia has revised the application to include a
Recordkeeping and Reporting Plan within the submittal. The application provides an
overview of the reporting process and includes a Table that outlines the various
generator, transporter, and storage reporting requirements applicable to the facility.
See Section 3.9, Records and Reporting Program.
U.S. EPA Evaluation of Comment 7 Response: Partially Addressed. The
Contingency Plan was not updated to include U.S. EPA as one of the agencies to
notify in the event of an emergency.
8. Facility Inspection Program Description Needed - Page 7, Section 2.5,
Compliance Programs. Section 2.5 does not discuss or reference facility inspections.
The Storage discussion of Section 3.4.2, PCB and non-PCB Ballast Processing
Activities, indicates that ballast containing drums can be inspected on a daily basis, but
provides no other detail. A more thorough discussion of facility inspections is included
in Section 2.8 of the SPCC Plan which is contained in Appendix G. Please include a
section in the main TSCA Application that discusses the procedures, schedule and
record keeping requirements for the full facility inspection program. The discussion may
include references to the SPCC Plan or other applicable documents.
4
January 4, 2011
-------
Veolia Response to Comment 8: Veolia has revised the application to include the
details of its facility inspection program. The information related to inspection
procedures and protocols is presented within a designated section of the permit renewal
application, and includes an example inspection checklist. See Section 3.8 -
Inspections Program and Appendix E of the SPCC Plan.
U.S. EPA Evaluation of Comment 8 Response: Comment Adequately Addressed.
9. Expanded Facility Description Needed - Page 8, Section 3.0, Details of
Commercial Storage Facility. Section 3.0 does not contain sufficient information on
the facility description (e.g., number of buildings, summary of site conditions and
operations). Please include an additional section or revise the current text to include
additional detail on the facility. Some of this information is already contained in
Sections 4.1 and 4.2 of the Closure Plan and could be summarized in Section 3.0.
Veolia Response to Comment 9: Veolia has provided an expanded facility description
and has consolidated this information in one location within the permit application.
Veolia has included a summary table that outlines the types of activities conducted
within each building subject to the permit. Sections 3.0 and 4.0 have been revised.
Section 3.0 now contains detailed facility description information as required by 40 CFR
761.65. Section 4.0 only contains a brief summary of facility descriptions, and refers the
reader to Section 3.0 for detailed descriptions. Descriptive Tables have been added to
summarize the locations and types of PCB activities occurring at the facility. See
Section 3.1 - Location, Section 3.2 - Hours of Operation, Section 3.3 - General Layout,
Section 3.4 - Environmental Conditions, and Section 5 - Facility Design Standards.
U.S. EPA Evaluation of Comment 9 Response: Comment Adequately Addressed.
10. Commercial Storage Facilities. Marking Requirements - Page 8. Section 3.0.
Details of Commercial Storage Facility. 40 C.F.R. § 761.65(c)(3) requires that "[a]ny
storage area subject to the requirements of paragraph (b) or paragraph (c)(1) of this
section shall be marked as required in Subpart C §761.40(a)(10)." Please address this
requirement in the TSCA Application.
Veolia Response to Comment 10: PCB marking requirements are discussed in detail
within the facility Operations Plan. See Section 3.6.11 - Marking.
U.S. EPA Evaluation of Comment 10 Response: Comment Adequately Addressed.
11. Compliance Certification Language - Page 9, Section 3.2.1, Compliance
Certification. 40 C.F.R. § 761,65(d)(2)(iii) requires that "[T]he owner or operator of the
unit has certified compliance with the storage facility standards in paragraphs (b) and
(c)(7) of this section." The language provided in Section 3.2.1 is important because it
certifies that the information contained in the overall TSCA Application is true, accurate,
and complete. However, it does not certify compliance with the storage facility
standards. Please keep the overall certification language currently located in Section
5
January 4, 2011
-------
3.2.1 and move it to a new location at the beginning of the TSCA Application. Also,
please insert new language into Section 3.2.1 that certifies compliance with the storage
facility standards as required in 40 C.F.R. § 761,65(d)(2)(iii). Please consider the
following certification language as a suggestion:
"Pursuant to 40 C.F.R. § 761,65(d)(2)(iii) and under the possibility of civil and
criminal penalties of law for the making or submission of false or fraudulent
statements or representations (18 U.S.C. § 1001 and 15 U.S.C. § 2615), I hereby
certify, as the owner or operator of the unit at issue, that the Veolia ES Technical
Solutions, LLC facility located at 5736 West Jefferson Street, Phoenix, Arizona is
in compliance with the storage facility standards for PCBs specified at 40 C.F.R.
§§ 761.65(b) and 761.65(c)(7)."
Veolia Response to Comment 11: Veolia has moved its permit application certification
language to the Introduction section of the permit renewal application. Further, it has
developed certification language, in accordance with 40 CFR761.65(d)(2)(iii) to certify
its storage facility standards. This latter certification language is consistent with the
definition of "certification" found at 40 CFR 761.3. Certification language in accordance
with the definition of certification provided at 40 CFR 761.3 has been developed and
consolidated in one location within the renewal application. Descriptive language
identifying the nature of each certification is also provided. See Section 1.2 -
Certification Statements.
U.S. EPA Evaluation of Comment 11 Response: Comment Adequately
Addressed.
12. Floor Drain Discussion Needed - Page 12, Section 3.2.3.2, Facility Flooring
and Secondary Containment. Please update Section 3.2.3.2 to include information
on floor drains. The floor drain information is already contained in the Closure Plan.
Section 4.1.3 of the Closure Plan states that "Floor drains, sanitary sewer discharges, or
other types of collection lines that could contaminate sewers and sewage treatment
plants do not exist in the areas where storage or processing occurs." This information
should be included in Section 3.2.3.2.
Veolia Response to Comment 12: Veolia has included a floor drain discussion within
the facility design section of the renewal application. Please note that the renewal
application has been completely revised such that current section references may not
align with former section references. Section 3.2.3.2 is no longer a relevant reference.
Floor drains are discussed under Facility Design Standards at Section 3.5.2. See
Section 3.5.2 - Flooring and Floor Drains.
U.S. EPA Evaluation of Comment 12 Response: Comment Adequately
Addressed.
13. Unclear Where PCB Wastes are Managed at the Facility - Page 14. Section
3.4, PCB Ballast and Equipment Recycling. Section 3.4 contains inconsistencies in
6
January 4, 2011
-------
regard to where PCBs are managed at the facility. Figure 5B, Proposed Layout
Modifications, contains modified floor plans for Buildings 2 and 3. It appears, from
comparing Figures 5, 5B, and 10, that all of the PCB processing operations are
proposed to take place throughout Building 3. The proposed modification is not
discussed in Section 3.4. The text in Section 3.4 references Figure 10 and indicates
that all of the PCB processing will take place just in the ballast processing area of
Building 3. Figure 10 shows an area labeled "Ballast Processing" but there is no
reference to a PCB equipment processing area. Please clarify where PCB wastes will
be managed at the facility and the status of the proposed modification. Also, please
update the figures as necessary to reflect the current floor plans of the buildings.
Veolia Response to Comment 13: See response to items 1 and 9 above. Veolia has
included a PCB unit Table and a facility description Table within the renewal application.
Veolia will strive to ensure that supporting figures and diagrams are consistent with the
information presented in the table. See Section 1.3 - Summary Table of PCB Units,
Table 3-1 PCB Utilization Table, Table 3-2 - Summary of PCB Activities Table, and
Figure 4.
U.S. EPA Evaluation of Comment 13 Response: Comment Adequately
Addressed.
14. Scope and Status of Secondary Containment Construction Unclear - Page
14, Section 3.4.1, Ballast and PCB Equipment Processing Area. Section 3.4.1
indicates that Veolia ES Technical Solutions, LLC (VES) "will" enclose the ballast
processing area within Building 3 with a six-inch high containment curb and hire a third
party contractor to apply epoxy flooring to the area that is resistant to PCB
contamination. It is not clear from the discussion if the work is planned or has already
been completed. The scope of the construction is also not clear. Figure 5B, Proposed
Layout Modifications, shows a revised floor plan where it appears that all PCB
processing operations will take place in Building 3. If this is the case, will the entire
Building 3 be enclosed with a curb and have epoxy flooring? Please revise the text in
Section 3.4.1. to indicate the status and scope of the construction work.
Veolia Response to Comment 14: See response to Item 13 above. Veolia has clarified
the areas in which specific storage and processing activities occur, and has ensured
that details regarding secondary containment are consistent with that presentation.
Veolia has not yet installed permanent berming (except for one location); it has clarified
where containment pods or permanent berming are utilized, specifically, within Building
3. New language developed to address PCB activities; old section references are no
longer relevant. A facility utilization table is provided in Section 3.5.5. See Section 1.3 -
Summary Table of PCB Units, Section 3.6.3 - Storage Procedures, Section 3.5 - Facility
Design Standards, and Figures 4 and 5.
U.S. EPA Evaluation of Comment 14 Response: Partially Addressed. The TSCA
application discusses some proposed changes to Building 3, but does not
indicate when the modifications will be made. Are the modifications currently
7
January 4, 2011
-------
underway or will they be made after U.S. EPA issues the TSCA Approval? Please
update the TSCA application to discuss the timing for the Building 3
modifications.
15. Decontamination of Movable Equipment - Page 14, Section 3.4, PCB Ballast
and Equipment Recycling; and Page 21, Section 3.5, PCB and PCB Contaminated
Equipment Recycling. With the possible exception of the Ballast Processing Area in
Building 3, Veolia ES Technical Services, LLC (VES) uses fabricated steel pods with
bermed sides to achieve secondary containment for drums, totes and other items
containing PCB liquids. 40 C.F.R. §761.65(c)(4) requires that "[N]o item of movable
equipment that is used for handling PCBs and PCB Items in the storage units and that
comes in direct contact with PCBs shall be removed from the storage unit area unless it
has been decontaminated as specified in §761.79." How are the requirements of 40
C.F.R. §761.65(c)(4) satisfied if movable equipment such as a fork lift is used to move
drums and totes from one containment pod to another and having to cross uncontained
areas? What measures are being taken to minimize the possibility for cross
contamination? Please revise Sections 3.4 and 3.5 to address these concerns.
Veolia Response to Comment 15: Veolia has reviewed its site logistics, and has
developed a plan for the management of movable equipment. Veolia anticipates that the
dedication of movable equipment to specific facility areas (e.g., the restriction of specific
forklifts to PCB areas) will reduce the potential of tracking of PCBs. In addition, the lifts
and handling forks of equipment are made from non-porous materials which will allow
for manual decontamination of forks and handling equipment components on an as-
needed basis and in accordance with 40 CFR 761.79. Processing of Ballasts is no
longer proposed under this application; therefore, references to the Ballast areas in the
initially posed question are no longer valid references. See Section 3.6.7 -
Management of Movable Equipment, and Section 3.7 - Facility Greening Program.
U.S. EPA Evaluation of Comment 15 Response: Comment Adequately
Addressed.
16. PCB Container Requirements - Page 14, Section 3.4, PCB Ballast and
Equipment Recycling and Page 21, Section 3.5, PCB and PCB Contaminated
Equipment Recycling. The TSCA Application does not discus how the requirements
of 40 C.F.R. § 761.65(c)(6) and 40 C.F.R. § 761,65(c)(7)(i) for storage and transport
containers are addressed. Please revise the text to address the PCB container
requirements.
Veolia Response to Comment 16: PCB container requirements are discussed in detail
within the Operations Plan (storage procedures section). See Section 3.6.5 -
Management of PCB Containers.
U.S. EPA Evaluation of Comment 16 Response: Comment Adequately
Addressed.
8
January 4, 2011
-------
17. Processing PCB Contaminated Equipment - Page 21. Section 3.5. PCB and
PCB Contaminated Equipment Recycling. Section 3.5 discusses how PCB
contaminated electrical equipment is processed at the facility. PCB containing fluids
from the electrical equipment are drained and stored for disposal. Depending on the
PCB concentration, some pieces of electrical equipment may undergo a decon-
tamination process using a solvent. It is not clear from the discussion what types of
electrical equipment are processed (e.g., transformers), where at the facility the fluid
draining process takes place, the equipment used in the draining process and where the
drained liquids and spent solvents are stored prior to disposal. Please revise the text of
Section 3.5 to include this information. The revised text should reference applicable
figures such as possibly Figure 5B, Proposed Layout Modifications, which shows a
transformer process area in Building 3.
Veolia Response to Comment 17: Veolia has revised its facility operations plan to
include the requested detail. In addition, a Table has been developed to clearly define
which types of equipment (e.g., PCB Articles) are being processed at the facility, and
where at the facility these activities occur. New Section Added; the reference to Section
3.5 is no longer relevant. Section 3.6 discusses processing procedures. Table 3-2,
Summary of PCB Activities, has been developed to specifically identify the types of
activities occurring at the facility and the regulatory protocol under which each activity is
conducted. See Section 3.6 - Operations Plan, Table 3-1, Facility Utilization, and Table
3-2, Summary of PCB Activities.
U.S. EPA Evaluation of Comment 17 Response: Comment Adequately
Addressed.
18. PCB Storage Operations and Other Wastes - Page 23. Section 4. Closure
Plan. The Closure Plan, which is dated June 2009, describes the procedures (e.g.,
decontamination) that Veolia ES Technical Services, LLC will follow to close the facility.
40 C.F.R. § 761,65(e)(1)(ii) requires that the facility closure plan include "[a]n
identification of the maximum extent of storage operations that will be open during the
active life of the facility, including an identification of the extent of PCB storage
operations at the facility relative to other wastes that will be handled at the facility." The
Closure Plan does not identify the extent of PCB storage operations relative to other
wastes (e.g., RCRA) that are handled at the facility. Please revise the Closure Plan to
include this information.
Veolia Response to Comment 18: Closure Plan has been revised to include the
requested detail regarding the maximum extent of PCB storage operations. See Section
4.1.4 - Extent of Storage Capacity Relative to Other Materials.
U.S. EPA Evaluation of Comment 18 Response: Comment Adequately
Addressed.
9
January 4, 2011
-------
19. Closure Soil Sampling in Dry Wells - Page 33, Closure Plan, Table 4 - PCB
Area Classification and Appendix J, Third Party Cost for Statistical Sampling and
Closure Cost Certification. The number of soil samples for dry wells stated in the
Closure Plan is not consistent with what is stated in the Closure Cost Estimate
(Appendix J). Tables 4 of the Closure Plan states that the sampling protocol for each
drywell is as follows: "6 samples; three each from 2- and 4- foot depths and composite
to 2 samples for analysis (2)." The closure cost estimate in Appendix J indicates that
two soil samples will be collected for each dry well (see Item 6, Third Party Cost for
Statistical Sampling and Closure Cost Certification).
Veolia Response to Comment 19: Veolia has revised its renewal application for closure
planning consistency; Veolia has reviewed the closure cost estimate and believes its
pricing is consistent with the number of samples analyzed. See Table 4-4, PCB Area
Classification has been revised to be consistent with Appendix 1- Closure Cost
Estimate. See Table 4-4, PCB Area Classification, and Appendix I - Closure Cost
Estimate.
U.S. EPA Evaluation of Comment 19 Response: Comment Adequately
Addressed.
20. Soil Sampling Depths for Drvwells - Page 33, Closure Plan, Table 4 - PCB
Area Classification. Table 4 indicates that during site closure soil samples will be
taken at the 2- and 4- foot depths in the dry wells. Since the contaminants of concern
are not volatile (e.g., PCBs), U.S. EPA believes that taking discrete soil samples at the
0-1 foot depth and the 2-3 foot depth would provide a better characterization of potential
contamination in the drywells. Please update the Closure Plan including Table 4 to
indicate that soil samples in the dry wells will be taken at the 0-1 foot depth and 2-3 foot
depth.
Veolia Response to Comment 20: Veolia has revised the closure plan for drywell
sampling. Table 4-4, PCB Area Classification has been revised to be consistent with
Appendix I - Closure Cost Estimate. See Table 4-4, PCB Area Classification and
Appendix I - Closure Cost Estimate.
U.S. EPA Evaluation of Comment 20 Response: Comment Adequately
Addressed.
21. Composite Samples Not Applicable for Closure - Page 44. Section 5. Closure
Cost Estimate and Appendix J. The closure cost estimate for media analysis
detailed in Appendix J includes composite sampling. Table 3 - Sample Basis indicates
that a total of 945 samples will be taken and composited (mixed) into 447 samples that
will be analyzed at a laboratory. The purpose of these media samples is to characterize
and confirm that the facility has been decontaminated to below applicable action levels.
Composite samples tend to dilute and average concentrations over an area such that
exceedances of the action levels may not be detected. Please revise the closure plan
and cost estimate to include individual samples without compositing.
10
January 4, 2011
-------
Veolia Response to Comment 21: Veolia has revised its closure planning and
associated cost estimate to eliminate composite sampling. See Section 4.3.4 and 4.3.5.
Veolia has revised its Closure Planning approach to preclude the need for pre-cleanup
sampling; post-cleanup verification sampling will be conducted in accordance with EPA
guidance documents for self-implementing cleanup and in a manner that does not use
composite sampling. See Section 4.3.2 - Cleanup Levels and Section 4.3.5 - Statistical
Sampling Protocol.
U.S. EPA Evaluation of Comment 21 Response: Sections 4.3.5.1 and 4.3.5.2
discuss the coordinate-based random sampling approach that Veolia will use to
verify that the closure standards have been achieved. Table 4-4, PCB Area
Classification, lists all the areas of the site that will be sampled and the
associated number and type of samples. Some of the areas described in Table 4-
4 are not discussed in the text. Please include a new section or additional text to
discuss sampling for areas defined as "miscellaneous high impact and/or
stained," additional site drywells (location) and areas under roll-off units. The
text should also indicate that the sampling for PCBs will be accomplished as
described in Table 4-4.
22. Secondary Containment Calculations - Displacement Volume - Appendix E.
Page 3-4, Section 3.2. The secondary containment calculations account for the
displacement volume of 55-gallon drums, but do not consider displacement for 300
gallon totes. Please explain why displacement is included in one instance and not the
other. U.S. EPA prefers considering the displacement in both cases as this approach is
most protective.
Veolia Response to Comment 22: Veolia has recalculated the containment capacities
and has included the calculations and any associated assumptions made in performing
the calculations. Calculations will be consistent with the protocol established at 40 CFR
761,65(b)(1)(ii). See Appendix C.
U.S. EPA Evaluation of Comment 22 Response: Comment Adequately
Addressed.
23. Examples of Secondary Containment Calculations Needed - Appendix E.
Page 3-4, Section 3.2. Please revise Appendix E to include examples showing how
the available and required volumes are calculated for the containment pods including
any assumptions (e.g., dimensions of 55-gallon drum).
Veolia Response to Comment 23: Veolia has provided the calculations and any
assumptions made in associated with those calculations. See Appendix C.
U.S. EPA Evaluation of Comment 23 Response: Comment Adequately
Addressed.
11
January 4, 2011
-------
24. Rainwater Volume Should be Included for Secondary Containment
Calculations - Appendix E. Section 3.2.5 of the TSCA Application states that "Any
PCB articles or PCB equipment stored outside will be placed in secondary containment
that is large enough to contain all PCB liquids plus the rainfall from a 25-year 24 hour
storm event." Secondary containment calculations contained in Appendix E do not
consider or discuss rainfall. Please revise the calculations in Appendix E to consider
rainfall for any secondary containment pods that will be used outside.
Veolia Response to Comment 24: Only two uncovered containment pods are located
outside and containment capacities have been calculated based upon the more
restrictive TSCA containment guidelines. See Appendix C.
U.S. EPA Evaluation of Comment 24 Response: Not Addressed. Rainfall is not
included in the secondary containment calculations for pods B and T as
presented in Appendix C, Containment Calculations. Please revise the Appendix
C secondary containment calculations for outdoor pods B and T to include
rainfall.
25. Review/Update Needed for Spill Prevention. Control, and Countermeasures
Plan - Appendix G,_ The SPCC Plan (SPCC) is dated September 2003 and should be
reviewed and updated if necessary to ensure that the emergency contact information
and inspection protocols are still accurate. If the SPCC Plan is updated, the facility
name should be changed from Onyx to Veolia Environmental Services.
Veolia Response to Comment 25: SPCC plan has been reviewed and revised to reflect
current operating conditions. See Appendix E.
U.S. EPA Evaluation of Comment 25 Response: Comment Adequately
Addressed.
26. Containment for North Side of Facility - Spill Prevention, Control, and
Countermeasures Plan - Appendix G, Sections 3.1 and 3.4. The discussion of spill
retention needs clarification because there are inconsistencies between what is stated
in Section 3.1, Facility Drainage and Section 3.4, Facility Truck Loading/Unloading
Facilities. Section 3.4 discusses how PCB containing fluids are transferred from
storage totes into tanker trucks. Section 3.4 reads "Transfer occurs through vacuum
hose and there is no piping associated with this transfer operation. The area adjacent
to these transfer operations slopes north toward the on-site retention basin. Should
there be a spill event that is not captured within the secondary containment bins,
spillage would flow to the retention basin...." This is not consistent with Section 3.1
which states that containment on the north side of the facility consists of a depression or
low point running east to west and that the on-site dry wells (retention basins) have
been sealed. Please revise Sections 3.1 and 3.4 to clarify the nature of the containment
system and the status of the retention basins. Also, please indicate if the perimeter of
the north side of the facility is bermed and update Figure 2 to show pertinent
12
January 4, 2011
-------
containment features (e.g., retention basins). This is important since any accidental
spills of PCB contaminated liquids from a tanker truck would likely be in the north area
of the facility.
Veolia Response to Comment 26: Veolia believes EPA has misinterpreted the
discussion presented in Sections 3.1 and 3.4. The yard to the north of the facility is
lower in elevation than the transfer vehicle staging area; thus a spill will flow (via sheet
flow) to the north of the facility and accumulate in the low area (e.g., lower in elevation).
Please note that, although the drywells are located in the north yard area, they are
sealed; thus, fluids would not enter the drywells, but would accumulate in the yard area.
A procedure for the transfer of fluids to tanker vehicles will be provided in the facility
Operations Plan. A procedure addressing the transfer of fluids is referenced in Section
3.6.8 - Procedure for the Bulk Transfer of Fluids; the actual procedure is located in the
SPCC plan document. See Section 3.6.8 - Procedure for Bulk Transfer of Fluids and
Appendix E - SPCC plan.
U.S. EPA Evaluation of Comment 26 Response: Comment Adequately
Addressed.
27. Expired Liability Insurance - Appendix I, Insurance Certificate. The liability
insurance certificate provided in Appendix I indicates that the policy expired in 2004.
Please provide current proof of liability insurance for both sudden and accidental as well
as non-sudden accidental occurrences.
Veolia Response to Comment 27: Veolia will provide an updated insurance certificate.
See Appendix H.
U.S. EPA Evaluation of Comment 27 Response: Comment Adequately
Addressed.
Minor Changes
28. Emergency Response Plan/Contingency Plan - Page 7, Section 2.5,
Compliance Programs. The Compliance Program section references an "Emergency
Response Plan" in Appendix F. Appendix F contains the Contingency Plan. Please
update the language in Section 2.5 to indicate that the Contingency Plan is contained in
Appendix F.
Veolia Response to Comment 28: Because the RCRA Contingency plan document is
primarily a RCRA document, it has been included as Appendix D and is unrevised. A
revised SPCC plan has been provided as Appendix E and is the primary contingency
planning document for the TSCA operations at the facility. See Appendix E.
U.S. EPA Evaluation of Comment 28 Response: The response indicates that the
Spill Prevention, Control, and Countermeasure Plan ("SPCC") is the primary
contingency planning document for the TSCA operations. The SPCC plan
13
January 4, 2011
-------
addresses only spills and not other types of emergencies (e.g., earthquakes,
fires). The RCRA Contingency Plan should be used as the single document for
emergency preparedness at the Veolia Facility. It should be updated as
necessary to include any applicable provisions of the SPCC Plan. The TSCA
Application and the Facility Operations Plan should be revised accordingly to
indicate that the RCRA Contingency Plan is the primary emergency planning
document for the facility. The RCRA Contingency Plan should be discussed and
included as an attachment to the Facility Operations Plan.
29. Copy of Closure Cost Estimate at Facility - Page 44, Section 5, Closure Cost
Estimate. Section 5 does not indicate that a copy of the closure cost estimate will be
kept at the facility as required in 40 C.F.R. § 761.65(f)(4). 40 C.F.R. § 761.65(f)(4)
requires that "[T]he owner or operator of the facility 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." Please revise Section 5 to
address this comment.
Veolia Response to Comment 29: The renewal application includes text that states that
a copy of the closure cost estimate will be retained at the facility in accordance with the
regulations. See Section 3.9, Records and Reporting Program.
U.S. EPA Evaluation of Comment 29 Response: Comment Adequately
Addressed.
30. Page Numbers for Contingency Plan - Appendix F. Please add page numbers
to the Contingency Plan.
Veolia Response to Comment 30: Noted.
U.S. EPA Evaluation of Comment 30 Response: Comment Adequately
Addressed.
14
January 4, 2011
-------
Attachment 2
Second Notice of Deficiency
January 4, 2011
Veolia ES Technical Solutions L.L.C. ("Veolia") - Toxic Substances
Control Act Permit Renewal Application dated July 21, 2010
("July 2010 TSCA Application")
Key Concerns
1. Need for Single Stand-Alone Closure Plan - The July 2010 TSCA Application
discusses the facility closure process in Section 4.0, Closure Planning, but does not
contain a single stand-alone plan. A single stand-alone Facility Closure Plan is needed
as required in 40 C.F.R. § 761.65(d)(2)(iv) before U.S. EPA can approve the TSCA
renewal. 40 C.F.R. § 761,65(d)(2)(iv) states that "The owner or operator has developed
a written closure plan for the facility that is deemed acceptable by the Regional
Administrator (or the Director, National Program Chemical Division) under the closure
plan standards of paragraph (e) of this section." U.S. EPA recommends that the
applicable information in Section 4.0 be taken and converted into a stand-alone closure
plan. Section 4.0 contains all the required elements of a closure plan. The stand-alone
Facility Closure Plan should be summarized in the TSCA Application and included as
one of the Appendices.
2. Facility Storage Capacity - Page 1-1, Section 1.1, Introduction and Stated
Purpose. The proposed facility storage capacity of 52,285 gallons discussed in Section
1.1 is not consistent with the allowed total volume of 79,720 gallons listed for regulated
units in Table 1-2. Table 1-2 lists all of the regulated units and their allowed storage
capacities. Please revise the text and tables as appropriate to reconcile the
inconsistency (see also Section 4.1.4). Also, please separate the proposed facility
storage capacity into gallons for liquids and cubic yards for solids.
3. Table 1-1. Permitted Capacity - Page 1-1, Section 1.1, Introduction and Stated
Purpose. Table 1-1 lists the typical PCB waste inventory that is likely to be at the
facility. A footnote to the table indicates that the typical inventory "is not intended to be
interpreted as a maximum quantity for any specific type of PCB waste stream." The title
of Table 1-1 is "Permitted Capacity" which implies that the table contains legal limits.
Please change the title of Table 1-1 to "Typical PCB Waste Inventory."
4. Statistical Analysis of Closure Sampling Results - Page 4-12. Section 4.3.5.1.
Statistical Sampling Protocol. The last paragraph of Section 4.3.5.1 indicates that the
closure sampling results will be compared to the applicable standard using a statistical
analysis. Section 4.3.5.1 states that "Statistical analysis will include the calculation of
-------
95% upper confidence limits (UCLs) around random data set means for comparison to
the applicable standard." The proposed statistical approach is not acceptable for
determining if the closure standards have been achieved. Each individual sample result
must be compared to the applicable PCB standard. Please revise Section 4.3.5.1 to
indicate that individual sample results will be compared to the standards.
5. Sampling of Performance-Based Solution - Page 3-17, Section 3.6.6.2 Metals
Recovery. Section 3.6.6.2 indicates that sampling and analysis of the performance-
based solution used to remove PCBs from electrical equipment will occur at the end of
each work week in order to measure compliance with 40 C.F.R. § 761.79(d)(2). The
TSCA regulations at 40 C.F.R. § 761.79(d)(2) allow solvents to be reused for
decontamination as long as the PCB concentration is below 50 ppm. Section 3.6.6.2
also allows the sampling and analysis frequency of the performance-based solution to
be adjusted in the future, based upon utilization/longevity rate, to no less than once per
month. Veolia's proposed approach does not account for the possibility that PCB
concentrations in the performance-based solution could exceed 50 ppm in less than one
week. U.S. EPA recommends that Veolia initially start sampling the performance-based
solutions twice per week for at least 3 months and possibly make adjustments from
there based on how fast the solvent is utilized. As a possible alternative, U.S. EPA
suggests that Veolia look into the possibility of using a screening level PCB test in
combination with formal laboratory analysis. Veolia should also update the July 2010
TSCA Application to indicate that the performance-based solution testing program for
PCBs will be fully documented with appropriate records being kept (e.g., laboratory
analytical reports, logs of when (if any) and why sampling frequency changes were
made).
6. Appendix I - Closure Cost Estimate. The closure cost estimate does not account
for removing the maximum storage volume allowed for by the TSCA Approval. Please
revise the cost estimate to include removal and disposal of the maximum liquid volume
(gallons) and maximum solids volume (cubic yards) as presented in Section 1.1 and
Table 1-2, Summary of Regulated Units. The facility storage capacity question raised in
Comment 2 above should be resolved before revising the closure cost estimate.
General Comments
7. Unit Storage Containment Capacity - Page 1-4. Table 1-2. Summary of
Regulated Units. The Unit Storage Containment Capacity column lists for each unit
the allowed volume in gallons and the corresponding number of 350 gallon totes and 55
gallon drums. There are inconsistencies in the table where the total volume calculated
from the given number of 350 gallon totes or 55 gallon drums does not match up to the
"total gallons allowed." For example, Table 1-2 shows that Containment Pod A has an
allowed volume of 9,680 gallons, 176 drums and 30 totes. The 176 drums are correct,
but the number of totes should be 27 such that the total tote volume is equal to or below
the 9,680 gallons. Please revise Table 1-2 to ensure that the numbers of 350 gallon
totes and 55 gallon drums add up to the allowed volume. Please delete the number of
drums and totes from the table and add a footnote that describes how the volume was
2
-------
determined (i.e., the lowest volume of either drums or totes from each pod was used as
the allowable volume).
8. Design Capacity - Page 3-6, Section 3.5.5, Design Capacity. The discussion of
facility capacity in the first paragraph of Section 3.5.5 is very confusing. The discussion
includes current facility design capacity, proposed facility design capacity, proposed
storage capacity and proposed permitted storage capacity. Please revise this
paragraph to delineate these different capacities more clearly.
9. PCB Site Activities - Page 3-8, Table 3-2, Summary of PCB Activities. Section
3.6 states that Table 3-2 is a summary listing of proposed PCB site activities. Table 3-2
includes incineration and landfill activities. Veolia's site activities do not include direct
incineration or landfill disposal. Veolia, however, does send wastes off-site for
incineration or for disposal at a landfill. Please revise the text and Table 3-2 to clarify
the actual site activities.
Minor Changes
10. Contact Information - Page 1-6, Section 1.4, Regulatory Contact Information.
Please change the contact information to reflect a new project manager:
Ronald Leach, Project Manager
RCRA Corrective Action Office (WST-5)
Waste Management Division
U.S. EPA Region 9
75 Hawthorne Street
San Francisco, CA 94105-3920
(415) 972-3362
11. Decontamination Standards - Page 4-12. Section 4.3.5.1, Statistical Sampling
Protocol. The second bulleted standard listed for "Indoor low contact solid surfaces
(wipe samples)" should be revised from 100 ug/100 cm2 to 10 ug/100 cm2 (see 40
C.F.R. § 761.125(c)(3)).
12. Reference to Closure Cost Estimate - Page 4-16, Section 4.6.2, Closure Costs
Consistency and Off-site Disposal Cost. The first paragraph of Section 4.6.2
references Appendix H for the closure cost estimate. Appendix H contains liability
insurance information. The closure cost estimate is contained in Appendix I.
13. Flood Plain Map - Figure 3. Section 3.5.3, Floodplains, indicates that the facility is
not located within the 100-year floodplain and references Figure 3, a Flood Insurance
Rate Map. The Flood Insurance Rate Map is not legible such that U.S. EPA was unable
to confirm that the facility is located outside of a 100-year floodplain. Please provide a
more legible map.
3
-------
14. Double Sided Printing - General Comment. Please consider printing the TSCA
Application double sided using recycled paper.
4
-------
Notice of Deficiency #3
(April 13, 2012)
-------
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION IX
75 Hawthorne Street
San Francisco, CA 94105
April 13, 2012
Mr. James D. Harrison
Operations Manager
Veolia ES Technical Solutions, L.L.C.
5736 W. Jefferson Street
Phoenix, AZ 85043
RE; U.S. EPA Evaluation of TSCA Section 6{e) PCB Commercial Storage Renewal
Application, Revision 7, dated April 2011 for Veolia ES Technical Solutions,
L.L.C., 5736 West Jefferson Street, Phoenix, AZ 85043;
EPA ID AZ0 000 337 360
Dear Mr. Harrison:
Thank you for your letter submittal on May 3, 2011, providing the revised Toxic
Substance Control Act (TSCA) Section 6(e) Polychlorinated Biphenyl (PCB)
Commercial Storage Renewal Application, Revision 7, dated April 2011 ("TSCA
Renewal Application"). The U.S. Environmental Protection Agency (EPA) has evaluated
the revised TSCA Renewal Application and is submitting the following as attachments to
this letter:
• An evaluation of the response to the August 2009 and January 2011 Notices of
Deficiency (NOD) (see Attachment 1). While most of the comments from the first
and second NOD were adequately addressed by Veolia ES Technical Solutions,
LLC (Veolia), a few were not. Attachment 1 describes the deficiencies in the
earlier responses along with the additional action needed to be taken by Veolia.
• A third NOD based on our review of the April 2011 TSCA Renewal Application
(see Attachment 2).
These documents are issued under the authority of 40 CFR §761.65(d)(3) and (d)(4).
In response to this letter, please submit to U.S. EPA, within 60 calendar days of your
receipt of this letter, comprehensive responses addressing the outstanding issues from
the August 2009 and January 2011 NODs (Attachment 1) as well as the deficiencies
identified in the third NOD (Attachment 2). Please do not submit a revised Renewal
Application until U.S. EPA has finalized review of the response to comments and
accepted all revisions to be implemented. Please be aware that we cannot process
Veolia's TSCA request for an approval until we have received an updated Renewa!
Application that adequately addresses ail of our comments.
<2%
-------
Veolia
Notice of Deficiency
April 13, 2012
Finally, U.S. EPA retains its discretion to propose conditions as part of the TSCA
Approval which differ from those included as part of the revised TSCA Renewal
Application.
Please submit two hard copies (preferably double-sided) and one electronic copy of the
response to comments to Cynthia Ruelas at the following address:
Cynthia Ruelas, Project Manager
RCRA Facilities Management Office (WST-4)
Waste Management Division
U.S. EPA Region 9
75 Hawthorne Street
San Francisco, CA 94105-3920
(415) 972-3329
Should you have any questions or concerns, please do not hesitate to contact me at
shaffer,caleb@epa.gov or at 415-972-3336.
Enclosures:
Attachment 1 - U.S. EPA Evaluation of Veolia response to August 17, 2009 and
January 4, 2011 Notice of Deficiency
Attachment 2 - Third Notice of Deficiency, dated April 13, 2012
Electronic CC (with Enclosures):
Ms. Diana Deming, AZ Department of Environmental Quality
Mr. Wayne Bulsiewicz, Veolia ES Technical Solutions, L.L.C.
Sinnerftiv
Caleb Shaffer, Manager
RCRA Facilities Management Office
2
-------
Attachment ]
U.S. EPA Evaluation of Veolia Response to
August 17,2009 and January 4,2011 Notices of Deficiency
for TSCA Section (>(c) l'CB Commercial Storage Renewal Application
Table 1
Notice of Deficiency HI (August 17,2009)
Key Concerns
»A
spMinc
Comment
Ms.
EPA SuecBk Cgmuient
EPA Canmaai/Staftw
R«vfe«l UiQRu»ffe/Aetto»
L^aHou and Pag*
Numtor
EPA Comment
April nam
I
itssMM£mm$ksasmSM®iiy Qsmiaa
Eiifi
Operation*! procedures ®nd plans for the
are spread throughout the TSCA Application, ta
si>cne cases, key areas such as Mte inspections
and rcco! dkccping, and rtjxmirtg we not
discussed in the main part of the TSCA
Application but Instead are only mentioned in
docuirtntt included in the appendices. For
example, im inspection of the storage areas is
only disowned m the Spill Prevention. Control,
and Count trnMMsuva (SPCC) Plan a?ntsjaie*J m
Appends* O. Please consider cresting a single
farilfty i^pcratins pt&n that wW consolidate the
procedures *ntl protocols used for everyday
operation* st the site. The Contingency Plait m&
SPCC Plaa as %vsll as any other Aindard plars
can all be summarise in an overall Facility
Operating Plan and included as an appendix ta
the document The Facility Operating Plan
should be «ibm>'Ked as part of Ihe TSCA
Application.
UXBA Wj^j>UjanaiHU
ftSBSMfc
Panialiy Addressed.
Section 3.6 indicates tfiai Veolia bis
developed a FtMUy Operations Plan that
addresses ares activities. The elements of the
operations plan are discussed in Sections 3.6.
3,8tfa*pectioa4Program), and 3.9{Records
and Reporting Program), but Hie TSCA
Application do<« mi inciade a single
tfand-akme ptan It is net cieai how sections
of the TSCA appl teuton II be used to guide
everyday operations a? the fecitNy.
U.S. EPA recomrrwsds that Sections 2 5,3.$.
3.9 mA mfcwrnarion fhom other applicable
sections (e.g, contingency planning,
personnel training and security memjunss) be
transformed uiw a single operations plan that
is attached as an appendix to the TSCA
AppUcafo*. A summary of the Polity
Operating Plan and all of its elements couM
then be included In the TSCA Application.
Veolia his developed a siaiid-alone
OperaJwtg Plan and h« provided a
5urtm«y of Hiat plan v* >thir* the
Application.
Hits plan includes tfs* Contingency Plan.
SFCC Plan. Tisiuwig Plan, and
Rrcotdkeeotog and Rrpuiting Plan as
Mtadi mtm.
Append^ D -
Operating Flirt
Section 3.6 of the
Application -
Description ci
Operating Plan
Recordkeeping and
rt porting requirements
still do not irtidc in
one place as a
stand-aio^e document
(separate appends).
Thtrc are some sample
forms in the SPCC arid
wxne uft Appendix D.
Wherever the
comprehensive
reporting rcijuUcmcnts
are placed within the
permit application,
please reference w|#re
they can be found.
I
-------
EPA
Sperifie
Co«»ent
No.
|
1
Revised UMngva^Ac^n
Location and P*gt
Number
KPAComoieut
April 13,2012
1
jLAiitiLi-jj-il
r w uttilj /IwU'wAw'Cwt
The Cwltagwey Plan WB Bat ufrfwed (o
tetoie U.S. EPA is #it« eftfie i|encies 10
noi'ij if* pctwHt of an enxcfgcrtcy
Hie Contingency Wan has been revised as
requeued.
Appendix D -
Contingency Wan
and
Attachment D-1
Call List
There are still location*
m the Contingency
P!ai: and ihc SPCC that
do not include
notifying EPA when
initiating the
Contingency {*lart or
the SPCC. For all PCB
contingencies and spills
EPA should be notified,
as die TSCA regulation
cannot be delegated to
the State, Please
review sari correct
those missed changes.
Please include a Ubte that summarises the
agency repelling rKjoiiweiili. The
table Should include, at s minimum, the name of
the report, what h comaira, when it is to be
juhmme-JL and which agency will receive a
copy, There are also «rsJ aid written reporting
requirements contained in the Contingency
riaa, Cioswe Plan. and SPCC Plan, Please
update the individual pkas m appropriate m
include US. EPA as a recipient of required
reports and notifications.
it
Page 44." Section %, Ctorart Cwi fataate and
Appendix 1.
The closure cost estimate fcr media analysis
detailed in Appendix J includes composite
sampling. Table 3 - Simple Basis indicates tba?
3 total of 943 samples will be taken and
composited (mixed) Into 44? "aunpfes that will
be analyzed at a labor*! oty. The purpose of
these media samples is to characterize and
ctmfiiro fitst the facility has been
dwrorttamiftarted ;o be5ow applicable action
levels Composite samples leruJ to dilate siW
average the concentrations over m area such
that exceeding of rhc adioa ievrsls, may not be
detected. Pfestse revise the closure ptan and case
estimate to include individual samples v.iJhcut
compositing.
Response
Sections 4.3.5J and 4.3 5.2 discw the
coardinate.hased random sampling approach
thai VeoOa ".-ill use to verify that the closure
Standards have been achieved. T«Me4-4.
PCS Area Classification, lists all the areas of
tlie site thai will be sampled and the
associated number and type of samples.
Same of ttie areas described in Table 4-4 are
not disevwod in the tcxL Please include a
new section or additional text to discuss
sampling for areas defiwd as ' misce'Ian sous
high impact and/or stained." additional »ie
tUy^tlls (location), afld anas, under roll-off
units. The text should alw Indicaetr that the
sampling for PCBs "will fee accomplished as
described in Table 4-4,
The iectioti has been reviwd to include
the reqitrsreddelBil
See Appendix £ Closure Plan.
Appends E -
Closure Pten,
Section BJJ
through E 35
Factor into the cost
estimate the possible
addsnana! samplis*
feascd oo staining or
known spill areas or
rssrutrrs and erevfDem. as
well as additional
contingencies in the
caw that conflmwtiar,
samples exceed she
threshold
concert trattflnsi
Furthermore, Appendix
Bf Closure Mm lacks
detail and specific steps
to take daring closure
(see NOD in
Attachment 2).
-------
Table X
Notice of Defsdrncv U1 (January 4,1011)
Key Cameras
i EPA |
, : f
| CoDt&eat \
* Na. \ RPA Sitteific Cana-Htut
EPA ¦
Location
| nnd I**e
Revtitd L*rau***/Acrioa : Nwnkt*
EPA tomrrscnt
April I3» 2(m
2
Eit»liiy %nw,t£,«Mf.ia
Page 1-i, Section 1.1, lulrodHCtiofi and
Pwrjaoit.
Hie proposed fts«M*y storage capacity of j2.2K1
gallons diwus&ext i» Section t.i is set csftSiMen?
with th« allowed total volume of 79.720 fallens
listed Ibf regit! »taj units in Tabic I-2. Table 1 -2
! 5« all of' Ihr rcwi'alcfl ante and their Allowed
«ora»e capacities Ptease wise the text »mi
tables a& r&cancile the
incon&feiaicy (see slso Seetit-n 4.2.4K Abe.
pksse stpara'c the prcpesed faci-fcy
capacity into pltom for Ik;ilds ard yards
% solid*
NA
Section M wdTttfct 1-2andMk»«e
cafcoiatKMs,
Provide ihe wal f*nrM?itd
siorege copicxh jli4 rr.ia; fktlstv
design cspac'Jj'm gtiHom ami
cubic ysrd ante tor l^aios and
solids, respectively.
a
Pag* -*¦*. Metier. 3 5.S. Design C»p*«ty
The ' feL-riiiy c&psciiy in tin- fin:
paragraph «rSi'fium * 5 s is ccnttoinf, 1>j
discission Indudci currcnl facility design
capacity, proposed facility design capacity,
proposed stor^a capacity, and proposed
permitted stance csptcby, Please revise dvs
paragrspn t« rfdroesie ttese V
MA
Clarifying knguaftt has been provided in
Section 3 5 5 of the Application
Provide values for each sf the
edacities {e,g. tcw3 facility
design capacity m$ permitted
storage capacity) noted,
10
Cis^iJiCMttion
Fsg# 1-6, Smlon M, Regulatory Contact
loforoiaiaon.
Pltasc change dit turnout information to reflect,
anew project manager.
Ronald Leach
Mar .ujct
RCRA Corrective Action Office {WST-5)
Waste Management pfvision
0 S. EPA Regtot 9
?5 Hawthorne Street
Sen Francbcc, CA 94135-3920
.(4l3>9«-WAi
NA
Cooiact fftomfelwi hu bc«n update
Sexto".
14
The project has b*cn tn»:g*ei
The new cor.&ci jnioimaiion is;
Cynthia Rueta
Fojeo: Man^r
RCRA Facilities Management
Office, Mail Code WST-4
IJS Environmental 1'roieciion
Agency Region 9
75 Hawthorne Stase?
3«t Francisco* CA 9^M
Tel: li:$>.m4S2%
Faxi 1415} 547-3533
l*"* ^ IK"
3
-------
Attachment 2
i
Third Notice of Deficiency
April 13,2012
Veolia ES Technical Solutions L.L.C. ("Veolia") - Toxic Substances
Control Act Permit Renewal Application dated April 2011
("April 2011 TSCA Application")
General Comments
1. Description of Facility Operations - Pago 1-1, Section 1.1, Introduction and
Stated Purpose. Provide a description of:
a) Operations to be permitted (e.g., Veolia commercially stores and processes
regulated Poiychlorinated Biphenyl [PCB] contaminated material); and
b) Operations no longer being conducted/permitted (e.g., Veolia no longer
separates and recycles lighting ballasts),
2. Containment Pod Dimensions - Page 1-4, Table 1-1, Summary of Regulated
PCB Units, and other areas of permit application. There is a discrepancy between
containment pod dimensions (length, width, and height) and/or calculations using
containment pod dimensions (area and volume), for containment pods B, T, U and V, in
the following sections:
• Table 1-1;
• Table 3-1;
• Appendix C: Containment Calculations, Tables 1 and 2;
• Appendix D: Facility Operating Plan, Attachment D-2: Spill Prevention Control,
and Countermeasure Plan, Appendix B: Secondary Containment Calculations,
Tables 1 and 2; and
« Appendix E: Closure Plan, Table 1-1 on Page £-1,
Address this discrepancy and modify unit storage containment areas and volumes as
necessary.
3. Drums in Building 3C - Page 1-4, Table 1-1, Summary of Regulated PCB
Units. The footnote indicates that "the lowest volume of either drums or totes for each
storage unit (pod or area), as calculated in Appendix C, was used as the basis for the
allowable volume, except for Building Section 3C, which does not allow for the storage
of a tote. For Building 3C, capacity was based on drum storage." The facility should
-------
Veolla
Notice of Deficiency
April 13, 2012
install a permanently affixed sign, such as a pole-mounted sign or wail-bolted sign, in
Building 3C indicating that only drum storage is allowed in this area. This sign should
be clearly visible to inspectors and workers at the facility. Provide a statement that this
has been implemented or provide a schedule for this action.
4. Portable Cover Systems for Outdoor Containment Pods B and V - Page 1-4.
Table 1-1, Summary of Regulated PCB Units, Table 1-2: Summary of Regulated
PCB Units, of the July 2010 permit application indicated in the "Comments" coiumn for
outdoor containment pod B that "storage [is] in accordance with 40 CFR 761.65(c)(2)
only" and for outdoor containment pod V the "unit [is] equipped with portable cover
system". These comments were deleted in the April 2011 permit application. Provide
reason for why these comments were deleted from the April 2011 version, or restore the
reference in the "Comments" column for outdoor containment pods B and V.
5. Storage Capacity Changes from Previous Permit Application - Page 1-4,
Table 1-1, Summary of Regulated PCB Unite. The unit storage containment capacity
for some of the storage units (B, U, V, and Building 3) has changed from the July 2010
version of the permit application. Also, the roll-off bin capacity has been modified from
20 cubic yards in the July 2010 version to 30 cubic yards in the April 2011 version.
These changes were not a result of U.S. EPA comments in the previous NODs. Are
these modifications errors? if not, indicate reason(s) for these modifications.
6. Unit Storage Containment Capacity - Page 1-4, Table 1-1, Summary of
Regulated PCB Units. Provide the maximum number of totes or arums allowed in the
"Unit Storage Containment Capacity" column based on the value in the "nail3W8Cj" column
in Tables 1 and 2 of Appendix C: Containment Caiculations. This information was
included in the "Unit Storage Containment Capacity" column in the July 2010 version of
the permit application; however, it was omitted in the April 2011 version of the permit
application. Providing this information will help make inspections easier and more
efficient as well as assist workers at the facility in maintaining compliance.
7. Building 3 Sections - Page 1-4, Table 1-1, Summary of Regulated PCB
Units, Provide three different rows for Building 3 sections: 3A, 3B, and 3C, and indicate
the maximum storage capacities for each of these individual areas: 22,750 gallons,
2,800 gallons, and 1,760 gallons, respectively. This will help make inspections easier
and more efficient as well as assist workers at the facility in maintaining compliance.
8. Roll-Off Bins as Regulated PCB Units - Page 1-4, Table 1-1, Summary of
Regulated PCB Units. The roll-off bins are included in the table summarizing
regulated PCB units. However, Page 3-6, Section 3.5.5 Design Capacity, does not
2
-------
Veelia
Notice of Deficiency
April 13, 2012
appear to include the roil-off bin capacity in the facility design capacity. This should be
included in that section.
9. PCB Activities in Building 2 - Page 3-2, Section 3.2.2, Building 2 and 3. The
text indicates that processing of PCB items is conducted in Building 2. Appendix D,
Facility Operating Plan, Page D-2, Section D.1.3 1, Layout Building 2. indicates that
"PCB processing activities will be removed from Building 2 and transferred to Building
3." Modify the text in Section 3.2.2 to indicate that PCB processing will be removed
from Building 2 and transferred to Building 3 following issuance of the permit.
10. PCB Ballast Recycling Activities - Page 3-2, Section 3.3, General Layout
Indicate the activities pertaining to PCB ballasts that are no longer being conducted,
describe how the scope of ballast handling has been modified, and identify the locations
of former and current PCB ballasts activities.
11. Building 4 Schedule for Removal of TSCA Operations - Page 3-3, Section
3.3.3, Building 4. Provide a schedule for transferring TSCA activities from Building 4 to
Buildings 2 and 3.
12. Drvwelt Information - Page 3-3, Section 3.4, Environmental Conditions.
According to the text, there are 11 drywells on-site (3 located in the south/front of the
facility in the parking iot area and 8 located in the north/back of the facility where PCB
operations take place). Provide the following information in the permit application:
When were these drywells installed? Describe past and current uses of the drywells.
What are the depths of these drywells? How long ago were the 8 drywells on the
northern part of the site closed/sealed? Can Veolia provide records (well logs, closure
letter) pertaining to the drywells and closure activities conducted? What method(s)
were used to close the drywells? Were the drywells closed in a way that would prevent
PCBs from being released into the subsurface in the event of a spill? The text indicates
that 8 drywells were located in the back of the facility and 3 in the front, however, only 7
drywells are shown in the back of the facility in Figures 4A and 4B. Address this
discrepancy. Also, Page 2-1 in Appendix E, SPCC Plan, indicates that approximately
20 gallons of PCB oil was reported spilled and approximately 3 gallons of this oil
entered a drywell in the front of the facility. How was the PCB liquid that entered the
drywells remediated? What types of measures are being taken to prevent PCB-
contaminated liquids from accidental spills from entering the unsealed drywells?
13. Portable Covering System on Outdoor Containment Pods - Page 3-4,
Section 3.5.1, Roof and Walls. The text indicates that "with regard to containment
pods T and U that are located outside the facility building, these units will be equipped
with a portable covering system comprised of reinforced aluminum frames, and a
3
-------
Veolia
Notice of Deficiency
April 13, 2012
canvas roof and sidevvalls." Containment pods 8 and V are located outside as well and
must also be equipped with a portable covering system; according to 40 CFR
761.65(b)(1)(i), which states that storage units must be equipped with adequate roof
and wails to prevent rain water from reaching the stored PCBs and PCS Items.
14. Outdoor PCB Storage and Processing - Page 3-4, Section 3.5.1, Roof and
Walls. PCB storage and processing should not be conducted in outdoor containment
pods until an appropriate portable covering system has been constructed over each unit
per 40 CFR 761.65{b)(1)(i). Provide a schedule (e.g., 30 days following approval of the
application) for construction of roof and wails for ai! containment pods located outside
the facility buildings.
15. PCB Storage Description - Page 3-4, Section 3.5.2, Flooring and Floor
Drains. The text indicates that "as a genera! practice, materials are not stored directly
on any concrete surfaces within Buildings 2 and 4,,." Provide a description in this
section of how mate hate containing PCBs are currently stored in Buildings 2 and 4.
16. Secondary Containment of Piping/Hosing - Page 3-5, Section 3.5.2,
Flooring and Floor Drains. Does the facility have any piping or hosing containing
PCBs that, at any time, may be fully or partially located outside of secondary
containment? If so, indicate how accidental PCB liquid releases from piping or hosing
are contained.
17. Integrity Testing - Page 3-5, Section 3.5.2, Flooring and Floor Drains. Is
integrity testing conducted on the containment pods (aside from at the time of
fabrication) to ensure that PCB leakage does not occur? If so, how is integrity testing
conducted, and at what frequency? If not, provide a schedule and process for integrity
testing.
18. PCB Tracking Preventative Measures - Page 3-5, Section 3.5.2, Flooring
and Floor Drains. Ensure that protocols are in place to prevent employees from
tracking PCBs into areas where it is not stored/processed/disposed or areas containing
floor drains or sanitary sewer discharges (e.g.. restroom facilities, office or other
administrative rooms). Examples of preventative measures include having workers
wear disposable booties when in PCB storage and processing areas; designating
dedicated forklifts or other equipment in PCB storage and processing areas; or
increasing outdoor berm height to ensure stormwater run-off will not transport PCBs
outside of PCB operations boundaries.
19. PCB Quarterly Wipe Sampling - Page 3-5, Section 3.5.2, Flooring and Floor
Drains. EPA prefers that the facility conduct quarterly sampling in areas where PCB
storage and processing is conducted as well as on nonporous surfaces in areas of the
4
-------
Veolia
Notice of Deficiency
April 13,2012
facility where PCBs can potentially be tracked (e.g., door knobs, restroom floor, faucets,
etc.) to ensure that PCBs are not present outside of their controlled primary containment
areas. Conduct PCB sampling as follows:
• Two wipe samples within PCB floor areas where PCBs are drained.
• Two wipe samples within floor areas (secondary containment) where PCBs are
stored,
• One wipe sample in an area where workers enter/exit the PCB storage and
processing areas.
• Two wipe samples within the outdoor area in or in the vicinity of the PCS
containment pods.
Conduct PCB sampling on a quarterly basis, and on an annual basis, during one of the
quarters, use an independent contractor to conduct the sampling. If wipe samples are
greater than 10 jjg/100cm2, Veolia shall fully delineate the extent of PCB contamination
and initiate the cleanup process in accordance with 40 CFR 761.61, The sampling
results and any follow-up cleanup shall be discussed in the annual report submitted to
U.S. EPA in accordance with 761.180(b)(1) and (2). Include the information for this
sampling in Table D-1, Records, (Page D-17) and D-2, Reporting (Page D-20) of
Appendix D, Facility Operating Plan.
20. Volumetric Unit Consistency - Page 3-6, Section 3.5.5, Design Capacity.
The facility design capacity and permitted storage capacity should be provided using
one set of volumetric units for each media (e.g., use gallons for liquids and cubic yards
for solids). Make all volumetric units consistent throughout the permit application
{including tables and appendices)
21. Roll-Off Bin Inclusion in Design Capacity - Page 3-6, Section 3.5.5, Design
Capacity. Roll-off bins in the yard were included in Table 1-1 Summary of Regulated
PCB Units, however, they do not appear to be mentioned in the total facility design
capacity in Section 3.5.5 or in the permitted storage capacity in Appendix C Address
this discrepancy.
22. Processing Area Containment Pod Inclusion in Calculations - Page 3-6,
Section 3.5.5, Design Capacity. The text indicates that "pods used within the process
area (i.e., processing area containment pods) are not included in the calculations for
determining the total storage capacity of the facility, but were included in closure plan
calculations." However, Appendix C calculations appear Jo include processing area
containment pods T and U, in determining total storage capacity of the facility. Address
this discrepancy.
5
-------
Veolia
Notice of Deficiency
Aprii 13, 2012
23. Regulatory Requirements for Ballasts - Page 3-8, Table 3-2, Summary of
PCB Activities and Associated Regulatory Requirements. "Ballasts" and "Ballasts
(as PCS Articles)" are included in this table. Describe the difference between "Ballasts"
and "Ballasts (as PCB Articles)". The regulatory references provided under the store,
sort, recycle, incinerate, and landfill categories are in regards to capacitors. According
to 40 CFR 761.3, fluorescent light ballasts containing PCBs fall under the PCS bulk
product waste and/or PCB Equipment definitions. Therefore, regulations cited for
fluorescent light ballasts should pertain to either of these two categories.
24. PCB Containers Revision - Page 3-9, Table 3-2, Table 3-2, Summary of PCB
Activities and Associated Regulatory Requirements. The last two items, "PCB
Containers" and "PCB Containers (£500 ppm)" need to be revised as follows. Under
the "Summary of Site PCB Activities" column, change "PCB Containers' to "PCB
Containers (>500 ppm)". Also, change "PCB Containers (£500 ppm)" to indicate "PCB
Containers (<500 ppm)".
Figure Comments
25. Containment Pod Depiction and Identification - Figures 4A and 4B. Provide
containment pod identification for the 4 pods depicted outdoors in these figures. Also,
provide pod identification for the containment pods located within Building 2 (and
Building 4 for Figure 4A), and illustrate Building 3 sections 3A, 3B, and 3C in these
figures.
26. PCB Activities Depiction - Figures 4A and 4B. In the legend, separate "PCB
Storage and/or Processing" functions into two items, "Storage" and "Processing, and
demonstrate where these individual functions take place within each containment pod or
building area. Also add "PCB receiving" as an item on the legend and include any other
function pertaining to PCBs that are conducted at the site, and show where these
activities take place within the facility boundaries.
6
-------
Veolia
Notice of Deficiency
April 13, 2012
Appendix C Comments
27. Appendix C - Containment Calculations. Provide a brief narrative in Appendix
C, preceding the tables, summarizing the total volume allowed in each pod or area; the
maximum number of drums or totes and/or electrical equipment allowed in each
pod/building area, and indicating whether the total volume allowed is based on totes or
drums. Also indicate that only drums are allowed to be stored in Building 3C based on
the containment calculations. The narrative can include a table summarizing this data.
This summary will help make inspections more efficient as well as assist workers at the
facility in maintaining compliance.
Appendix D Comments
28. PCB Waste Compositing - Page D-1, Section D.1.1, Storage Period. Add a
statement in the operating plan that PCB contaminated waste or liquid PCB waste when
composited will retain the date of the oldest container.
29. PCB Profile Protocol - Page D-2, Section D.1.2, Waste Acceptance
Procedures. This section states that "all PCB-containing materials must be profiled in
to the facility prior to acceptance." Does Veolia have a specific protocol pertaining to
the profile that the generator must adhere to? Does the facility conduct any verification
sampling on a set number of PCB-containing materials that are received?
30. Sealant in Building 3 - Page D-3, Section D.1.3, Layout Building 3. Is
resealing of the floor and berms in Building 3 part of routine maintenance to ensure
PCBs will not penetrate into the substrate? If so, indicate the required frequency for
resealing the floors and the protocol involved. Is the proper type of sealant currently in-
place in Building 3? If not, provide a discussion on what measures are currently being
taken to prevent PCBs from leaching into the substrate in Building 3 and also indicate
why the floor is not sealed already with the sealant described in Appendix G.
31. Covers on Units in Outdoor Areas - Page D-5, Section D.1.3.4, Outdoor
Storage Areas. This section states that "any articles or PCB equipment stored outside
in an uncovered pod will be placed in containment that is large enough to contain all
PCB liquids plus an additional 10% to account for the rainfall from a 25-year 24-hour
storm event [in accordance with 40 CFR 112.8(c)(2)]." Per 40 CFR 761.65(b)(1)(i), the
containment pods in the outdoor area should be covered with roofs and walls. Roll-off
bins containing PCB waste should also be equipped with covers to prevent storm water
run-on from entering the bins.
7
-------
Veolia
Notice of Deficiency
April 13, 2012
32. Temporary Storage Pods - Page D-5, Section D.1.3.4, Outdoor Storage
Areas. The text indicates that "with regard to the temporary storage of larger PCB
equipment, these items are stored outside until such time as they can be disassembled
and/or drained and moved inside Building 2 or 3, or be prepared for shipment off-site.
Draining and processing of PCB equipment outdoors is conducted in the containment
pods T and U." It is not clear as to whether or not pods T and U are considered
temporary storage. State whether or not pods T and U are considered temporary
storage, and expiain the reason for that per 40 CFR 761.65(c)(1).
33. Include PCB Ballasts as Processed Equipment - Page D-7, Section D.1.6.1,
Equipment Processing. PCB Ballasts should be in the list of equipment that is
processed at Veolia.
34. Longevity Rate of Decontamination Solution - Page D-9, Section D.1.6.2,
Metals Recovery. Longevity rate of the decontamination solution should take into
account that rinsing solution will be used on varying concentrations of materials
containing PCBs. Ensure that usage is based on most conservative scenario.
35. Wipe Sampling Protocol - Page D-9, Section D.1.6.2, Metals Recovery.
Provide a wipe sampling protocol for decontaminated metals that have previously come
in contact with PCBs at any concentration in accordance with
40 CFR 761.79(b){3)(i)(A).
36. Weekly Inspections ~ Page D-13, Section D.1.3.1, Documented Inspections.
The text states that "Veolia exceeds the regulatory protocol for the inspection of PCB
items (see 40 CFR 761.65(c) that mandates inspections at least once every 30 days);'
However, according to 40 CFR 761.65(c), capacitors and equipment temporarily stored
outside the facility shall be checked for leaks weekly. Include in the text that for outdoor
temporary storage units, weekly inspections are conducted per 40 CFR 761.65(c).
Appendix D. Attachment D-1: Contingency Plan Comments
37. Appendix P - Attachment D-1: Contingency Plan. In Appendix D, Attachment
D-1, Contingency Plan, the Contingency Plan is the primary means of emergency
response Spill Prevention, Control, and Couniermeasure (SPCC) used for further
instruction.
• Please reference under what instances the SPCC will be used if it is not part of
the Contingency Plan (e.g., inspection or containment certification).
» Please change the application to notify USEPA, Region 9 for PCB activities in
Sections 1.4, Reporting; and 3.1.3, Release Notification.
8
-------
Veolia
Notice of Deficiency
April 13,2012
38. Appendix D - Attachment D-1: Contingency Plan, Page 5, Section 2,1.
Aside from fire extinguishers, what fire suppressant units are present in the building in
the event of a fire?
39. Appendix D - Attachment D-1: Contingency Plan. AH Exhibits are mislabeled;
Exhibits E-1 through E-9 that follow Attachment D-1 should be changed to Exhibits D-1
through D-9.
Appendix P. Attachment D-2: Spill Prevention Control and Counts rmeasuras Plan
40. Facility Storage Volume - Page 1-1, Section 1.1, Regulatory Background,
The text indicates that "in accordance with this approval, the facility may store up to
24,578 gallons of PCB oils." This volume does not match the volume in Table 1-1 and
other sections of the permit application
41. Certification Signatures - Page 1-4, Section 1.5.3, Certification of Review
and Evaluation; and 1.5.4, Engineering Certification (40 CFR 112.3(d)). Signatures
are required at the end of these sections.
42. Accidental PCB Release - Page 2-1, Section 2.1, Spill Events
(40 CFR 112.7(a)). For the spill that occurred on January 17, 2003, were remediation
efforts conducted to address oil that entered the on-site drywell?
43. Fixed Equipment - Page 3-1, Section 3.1, Facility Drainage
(40 CFR 112.8(b)). Drainage equipment, storage and transport equipment, if fixed, fit
the definition of a tank and ancillary equipment and should be inspected and managed
as such.
44. Stormwater Runoff Prevention - Page 3-1, Section 3.1, Facility Drainage
(40 CFR 112.8(b)) and Figure 2. Facility drainage depicted in Figure 2 indicates that
for drainage on the eastern side of the site, storm water runoff on the operations side
accumulates at the benmed area. This water appears to have the potential to be
directed in the southernmost part of the site where the unsealed drywells are located if
enough storm water accumulates near the bermed area. Are there procedures in place
to prevent storm water that accumulates in the northeastern part of the site from
entering the unsealed drywell on the southeast end?
Appendix E Closure Plan
45. Appendix E. Closure Plan - General. There is not enough information to close
any of the buildings. This application should provide details on how the facility will be
closed and provide details per 40 CFR 761 65(e). The plan should elaborate, but not be
limited to, cleanup goal, steps to take, justification for sample size, gridding pattern
9
-------
Veolia
Notice of Deficiency
April 13, 2012
details and locations where samples are to be taken in a floor plan and elevation view of
the buildings.
46. Appendix E, Closure Plan - General. The closure of Building 4 should be very
detailed and provided in a separate section from the other buildings' Closure Plan.
Since the building will no longer be used for PCBs, confirmation samples should
demonstrate that PCB contamination is not present. Also, check with the owner to
determine what his/her expectation is for cleanup during closure (e.g., does the property
owner require that the facility be restored to its original condition?).
47. Appendix E, Closure Plan - General. Please factor into the cost estimate the
possibility of additional sampling that may be required based on staining or known spill
areas. Create a figure that delineates the spills that occurred in the past, regardless of
the size of the spill. Confirmation sampling should occur in these areas as part of the
closure process.
48. Appendix E, Closure Plan - General. Provide a sampling and analysis plan as
a separate attachment and include drawings indicating proposed sample location.
49. Revision of Oil-Filled Electrical Equipment Disposal - Page E-4, Table E-2,
Maximum Inventory for Disposal. For Closure Maximum Inventory, Table E-2 of the
closure plan, electrical equipment that contains fiquid and is undrained may not be
disposed in a landfill according to 40 CFR 761,6G{b)(6)(ii)(A). Revise the table to make
this clear,
50. Disposal of Containment Pods - Page E-4, Section E.2.1, Maximum
Inventory. The text indicates that it is the intent of Veolia to dispose of equipment,
containment structures, and containment pods at the time of closure." The text goes on
to state that "an additional 80,000 pounds of containment pods will be cleaned and sent
for metals recovery (no asset value taken)," Address this discrepancy.
51. Reference to Potting Compounds - Page E-5, Section E.2.2, Disposal
Inventory. The text makes reference to disposal of potting compounds; however, this
should be removed, because Veolia is no longer conducting PCB ballast recycling
activities. This term is also apparent in Table E-3 on Page E-5.
52. Reference Description - Page E-6, Section E.3.1, Site Characterization.
Specify what section of Subpart G is being implemented.
53. Sampling in Building 3 and Areas Where Release has Occurred - Page E-9,
Table E-4, PCB Area Classification {40 CFR 761.61(a)(4)]. Wipe samples may be
used for the pods and the sealed flooring in Buildings 2 and 4. However, sampling such
as coring or chip sampling is required when closing Building 3, as the PCB operations
began prior to the floor being re-sealed. Known spill areas may also require chip
sampling of the flooring. Revise the table to make this clear.
10
-------
Veolia
Notice of Deficiency
April 13,2012
54. Sediment Sampling on Drvwells - Page E-9 to E-10, Table E-4, PCB Area
Classification [40 CFR 761.61(a)(4)]. The table indicates that sediment samples will
be collected at drywell locations. Provide a description somewhere in the text indicating
how sediment samples will be collected at the drywells.
55. Porous Surface Sampling - Page E-11, Section E.3.4.3, Cleaning of Porous
Surfaces. Specify that porous surface sampling shall be done in accordance with
EPA's Standard Operating Procedure for Sampling Porous Surfaces for Polychlorinated
Biphenyls (PCBs) (EPA 2011).
56. Deed Restriction Runoff Prevention - Page E-11, Section E.3.4.3, Cleaning
of Porous Surfaces. This section states that "additionally, subject to deed restriction
protocol, Veolia may choose to encapsulate any high occupancy surface verified to be
from 1 to 10 ppm PCS." As the property owner, Jewell Investment, would have to
provide written assent for Veolia to be able to leave in place PCBs with a deed
restriction, piease modify this section to make that clear.
57. Sampling in Areas Where PCBs May be Tracked — Page E-7 and E-8,
Section £.3.1, Site Characterization. The restroom facilities and office areas should
be sampled, as tracking of contamination may have occurred.
58. Air Sampling - Page E-9 and E-10, Table E-4, PCB Area Classification [40
CFR 761.61(a)(4)]. Include air sampling for PCBs within Buildings 2, 3, and 4.
59. Tabulate Threshold Values - Page E-12 and E-13, Section E.3.5.1, Statistical
Sampling Protocol. Provide a table, rather than bullets for the standards presented
per 40 CFR 761.125(c)(3).
60. Add Table Title - Page E-15, Section E.4, Closure Schedule. Provide a title
for the closure activity tabte.
61. Reference to Closure Cost Calculations - Page E-16, Section E.6, Closure
Cost Estimate. Provide a reference to the Closure Cost Estimate located in
Attachment E-3 of Appendix E.
62. Attachment E-1 - Health and Safety Plan - Page 2-1, Section 2,1, Chemical
Hazards. What is "pVeoliaible level"?
63. Attachment E-2 - Quality Assurance Project Plan - General. For Attachment
E-2 Quality Assurance Project Plan (QAPP), you identified several elements of the
QAPP that are required. Typically, most of the components of the QAPP are provided
by the selected laboratory(ies). Retain for closure the lab{s) to be used during closure
and have the lab(s) submit the information data that meets the Data Quality Objectives
(DQOs) (e.g., the detection limit).
11
-------
Veolia
Notice of Deficiency
April 13. 2012
84, Attachment E-2 - Quality Assurance Prelect Plan - Page 2-1 to 2-2, Section
2,1, Data Quality Objective Process. Revise DQOs using EPA Guidance (EPA 2000).
Revise the QAPP based on the modified DQOs. Then, develop a sampling and
analysis plan for closure activities based on the revised DQOs. Components of the
Appendix E, Closure Plan, and Attachment E-3, Closure Cost Estimate, will also need to
be revised based on DQO modification.
65. Appendix E - Attachment E-3, Closure Cost Estimate. Add a "Reference"
column in the closure cost estimate indicating where costs were obtained (e.g.,
RS Means, RACER, quote from vendor, etc.).
66. Appendix E - Attachment E-3, Closure Cost Estimate. Is the cost of
transporting the containment pods off-site to a recycling/disposal facility included in the
closure cost?
67. Attachment E-4 - Financial Assurance Mechanism - General Comment
Supporting text is missing from the financial assurance mechanism attachment.
REFERENCES
U.S. Environmental Protection Agency (EPA). 2000. "Data Quality Objectives Process
for Hazardous Waste Site Investigations (EPA QA/G-4HW)n Office of
Environmental Information. Washington. DC. EPA/600/R-00/007. January.
EPA. 2011. "Standard Operating Procedure for Sampling Porous Surfaces for
Polychlorinated Biphenyls (PCBs)." Office of Environmental Measurement and
Evaluation. EPA New England - Region 1. EIASOP_POROUSSAMPLING
Revision 4. May 5.
12
-------
Notice of Deficiency #4
(August 28, 2014)
-------
August 28. 2014
M-. James D. Harrison
Operations Manager
Veolia ES Technical Solutions, LLC.
5736 W, Jefferson Street
Phoenix, AZ 85043
RE: U.S. EPA Evaluation of TSCA Section 6(e) PCB Commercial Storage Renewal
Application, Revision 9, cated April 2013 for Veolia ES Technical Solutions,
LLC., 5736 West Jefferson Street, Phoenix, AZ 85043;
EPA ID AZO 000 337 360
Dear Mr. Harrison;
Thank you for your submittal of the revised Toxic Substance Control Act (TSCA)
Section 6(e) Polychlorinated Biphenyl (PCB) Commercial Storage Renewal Apotication,
Revision 9. dated Aprii 2013 ("TSCA Renewal Application") for the Veolia Facility (the
''Facility") located at 5738 West Jefferson Street Phoenix, Arizona, The U.S.
Environmental Protection Agency (EPA) conducted a detailed review of the revised
TSCA Renewal Application and is submitting a fourth notice of deficiency based on its
review.
Veoiia, as the owner and/or operator, shall make the following changes to the revised
TSCA Renewal Application, as modified by the following conditions:
l, Outdoor Containers Used to Store TSCA-Regulated Waste Must Meet TSCA
Storage Requirements, Currently, the 20 cubic yard roll off containers used to
store PCD waste in the outdoor area behind Buildings ? and 3 of the Facility do
not meet the storage requirements set forth n 40 C.F.R, $ 761.65(b)(1). During a
July 2014 conference call, EPA brought thia to Veolia's attention.
In response, Veolia submitted an email to EPA on July 31, 2014, that identified1
various PCB waste streams steed at the Facility, arid proposed changes to how
these waste streams may be stored al the Facility. The following table provides
a summary of how Veolia intends to store various solid PCB waste streams
received at the Facility:
Primed m Jfcejdtrf
-------
Veolia
Notice of Deficiency
August 28,2014
PCB Solid Waste Streams and Proposed Storage
Jnits at the Veofia Facility
PCB Solid Waste Stream
TSCA-
Regulated?
Proposed
Storage Unit
TSCA Storage
Requirements
Met?
Non-PCB Equipment
No
Outside in
covered roll-
offs
Yes
PCB-Containing Articles Exempt from
Storage Requirements
No
Outside in
covered roll-
offs
i 65
Drained PCB-Contaminated Electrical
Equipment & Associated Components
No
Outside in
covered roll-
offs
Yes
Fluorescent Lamp Ballasts
Yes
Outside in
covered roll-
offs
No
PCB Waste
(excluding fluorescent lamp ballasts)
Yes
TSCA
permitted
storage units
in Buildings 2
and 3
Yes
During a conference call between EPA and Veolia on August 7, 2014, EPA
indicated that, based upon its review of VeoSia's July 31, 2014 email, all proposed
methods of PCB waste storage were acceptable except for the fluorescent lamp
ballasts. Veolia had proposed that these PCB wastes be stored in a lined and
covered metal roll-off container outside of and behind Buildings 2 and 3 at the
Facility. This storage method does not meet the storage requirements set forth
in 40 C.F.R. § 761.65(b)(1). Thus, Veolia shall either:
a. Propose a different method or location of storage for this waste stream
that meet storage requirements in 40 C.F.R. § 761.65(b)(1); or
b. Submit an application to the EPA Region 9 Regional Administrator
pursuant to 40 C.F.R. § 761.62(c) to store PCB bulk product waste in a
manner other than what is prescribed in 40 C.F.R. § 761.65(b)(1), and
demonstrate that the proposed method or location of storage does not
pose an unreasonable risk to human health or the environment
Selection of either option will require changes to and submittal of a revised TSCA
Renewal Application. Implementation of either option will prompt changes to the
2
-------
Veoiia
Notice of Deficiency
August 28, 2014
permitted storage capacity and changes to how PCB waste streams are
managed in each of the TSCA storage units at the Facility.
2, Placement of Sealant on Concrete Floor in Building 2. Veolia's proposed
method of storage for the various waste streams, described in its July 31, 2014
email, also indicates that Building 2 will be used for storage of specific types of
PCB waste streams rather than as a short-term overflow storage area for PCB
wastes that do not fit inside Building 3. Given that Building 2 may now function
as a more permanent storage area for PCB wastes, Veoiia shall apply an epoxy
coating on the floor of Building 2 to ensure that the concrete flooring design is
sufficient to prevent any PCBs from penetrating through the floor and reaching
the subsurface. The sealant shall be applied within 30 days of issuance of a
permit decision.
These comments are being issued under the authority of 40 C.F.R. § 761.65(d)(3) and
(d)(4).
In response to this letter, please submit to U.S. EPA, within 30 calendar days of your
receipt of this letter, a comprehensive response addressing the deficiencies identified
above. Following EPA approval of the response to comments, the TSCA Renewal
Application shall be modified.
Prior to submitting a hard copy of Revision 10 of the TSCA Renewal Application for the
Veoiia Facility in Phoenix, please submit an electronic copy for our review. Once we
have reviewed and approve the revisions, you will be notified to submit two hard copies
(preferably double-sided) and one electronic copy of the response to comments to
Cynthia Ruelas at the following address:
Cynthia Ruelas, Project Manager
RCRA Facilities Management Office (WST-4)
Waste Management Division
U.S. EPA Region 9
75 Hawthorne Street
San Francisco, CA 94105-3920
(415) 972-3329
Please do not submit a revised Renewal Application until U.S. EPA has finalized review
of the response to comments and/or accepted all revisions to be implemented.
Finally, U.S. EPA retains its discretion to propose conditions as part of the TSCA
Approval which differ from those included as part of the revised TSCA Renewal
Application.
3
-------
Vco:ia
Ni:lu;« cjf Deficiency
Ajg jal 28. 2014
Should you have any questions or concerns, please do not hesitate to contact me or
Barbaer; G'oss, Manager of the Permits Section at g-o5s.faarfaara@epa.qotf or at 415-
972-3972.
Sincerely,
1 ; ¦'
Jeff Scott; Div son Director
Land Division
Electronic CC (with Enclosures):
Ms. Diana Deminy. AZ Dopar;rnent of Environmental Quality
Mr. Wnyne Bjlsiowicz, Voolia ES Technical Solutions, L.L.C.
4
-------
APPENDIX D - NOTICE OF VIOLATION AND INFORMATION REQUEST
PURSUANT TO THE TOXIC SUBSTANCES CONTROL ACT
-------
Notice of Violation and Information Request Pursuant to the
Toxic Substances Control Act
(April 5, 2011)
-------
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION IX
75 Hawthorne Street
San Francisco, OA 94105
APR 0 5 2011
CERTIFIED MAIL NO. 7000 0520 0021 6109 9303
RETURN RECEIPT REQUESTED
Notice of Violation and Information Request Pursuant to the Toxic Substances Control Act
Wayne R. Bulsiewicz
Environmental Health and Safety Manager
Veolia ES Technical Solutions, LLC
5736 W. Jefferson Street
Phoenix, AZ 85043
Ee; Veolia ES Technical Solutions, LLC.. Phoenix. Arizona
EPA Identification Number AZO 000 337 €60
Dear Mr. Bulsiewicz:
The United States Environmental Protection Agency ("EPA") has identified violations of
tlie Toxic Substances and Control Act {"TSCA") at. the Veolia ES Technical Solutions, LLC
("Veolia") facility located in Phoenix, Arizona, with EPA Identification Number AZ0000337660
("the Facility"). This letter lists the specific areas of noncompliance and sets out a schedule for
Veolia to demonstrate current compliance. Also included below is a request for information
pertaining to polychlorinated biphenyls ("PCBs"), promulgated under TSCA at. 40 C.F.R. part
761.
The violations of the TSCA PCB requirements described below are based on information
gathered as part of EPA's compliance investigation, including on-site inspections and sampling
at the Facility on March 17, 2008 and September 16, 2010. A copy of the combined inspection
report created by EPA as part of its investigation of the facility is enclosed for your information
and response. The report describes conditions at the Facility during the time of the inspections
and identifies areas on noncompliance with TSCA regulations. Arty omissions in these reports
shall not be construed as a determination of compliance with any other applicable regulation.
Notice of Violation
TSCA Violations, Pursuant to Section 15 of TSCA, 15 U.S.C. § 2614, you are required
to correct the identified areas of noncompliance regarding the management and disposal of
PCBs. The violations are:
<§>
-------
1) Failure to decontaminate storage areas contaminated with PCBs prior to use in
accordance with 40 C.F.R. § 761.30(u)( I) of TSCA.
2) Improper disposal of PCBs outside of Veoiia's PCB Receiving and .Storage Building in
accordance with 40 C.F.R. §§ 761.50(a)(4) and 50(h)(3) of TSCA.
3} Failure to include the date removed from service on PCB Items prior to disposal in
accordance with 40 C.F.R. § 761.65(c)(8) of TSCA.
4) Failure to adhere to a TSCA PCB Approval Condition in accordance with 40 C.F.R, §
761,65(d)(4)(iv) of TSCA.
5) Failure to include the date removed from service on outgoing PCB manifests in
accordance with 40 C.F.R. § 761.207(a)(1) of TSCA.
6) Failure for a transporter to accept PCB waste without a manifest signed by the generator
in accordance with 40 C.F.R. § 761.208(h)(1) of TSCA.
By copy ol this letter, the HP A is providing the State of Arizona with, notice of the
referenced violations of the TSCA PCB management requirements.
Information Request
The EPA is also seeking information concerning past and current operations at the
Facility. The information requested will supplement observations made by the HP A inspect ion
team and the follow-up information provided by Veolia thereafter. After speaking with
representatives of Veoiia, EPA would like to request any documentation in your possession
pertaining to compliance issues documented in EPA's 2008 and 2010 PCB inspections. Within
thirty (30) calendar days from the date of your receipt of this letter, please provide EPA with the
following information;
1) Remediation work pertaining to PCB releases documented during EPA's 2010 TSCA
inspection. Please provide Region 9 with any written reports, sample verification data,
disposal documentation and die amounts of soil, asphalt or concrete remediated.
2) Sample verification data pertaining to the decontamination of the storage area floors in
Buildings 2, 3 and 4 of Veoiia's facility in 2008 and 2010. Please provide Region 9 with
any written reports, sample verification data, and disposal documentation pertaining to
the decontamination activities in this Building during these two time periods.
3) I low does Veolia propose to address EPA's concerns regarding the facility indicating the
removal from service dates on PCB Items and outgoing manifests? Please provide a
detail written statement to address this concern.
4) How docs Veolia propose to address EPA's concern regarding the facility's acceptance of
PCB waste without signed manifests from the generators? Please provide a detail written
statement to address this concern.
-------
Confidential Business Information
The EPA routinely provides copies of inspection reports to state agencies, and upon
request, to the public. Such releases arc handled according to the Freedom of information Act
regulations, 40 C.F.R. Part 2, Subpart B. For any portion of the information included in this
inspection report which is entitled to confidential treatment, please assert a confidentiality claim
in accordance with 40 C.F.R. § 2.203(b). If the EPA determines that the information so
designated meets the criteria set forth in 40 C.F.R. § 2.208, the information will be disclosed
only to the extent, and by means of the procedures specified in 40 C.F.R. Part 2, Subpart B. As
described in 40 C.F.R § 2.203(a)(2), the EPA will construe the failure to furnish a confidentiality
claim within fourteen (14) calendar days from the date of your receipt of this letter as a waiver of
thai claim, and information may be made available to the public by the EPA without further
notice.
Your certification of correction of the areas of noncompliance identified in this notice of
violation must he included in a response letter signed by a duly authorized official of Veolia.
Your response should also address any other areas or activities of concern identified in the
enclosed reports. You response to the Notice of Violation and the Information Request is due
within diirty (30) calendar days from the date of your receipt of this letter and shall be addressed
to:
You may have been provided during the inspection with a Small Business Regulatory
Enforcement and Fairness Act ("SBREFA") Information Sheet, If not, please see
http://www.epa.gOv/c.ompliance/resources/publications/incenlives/smallbusiness/sinallbusrcsourc
es.pdf. The Information Sheet is designed to provide information on compliance assistance and
inform small businesses of their rights to comment to the SBREFA Ombudsman concerning
EPA enforcement activities. Be aware that SBREFA does not eliminate your responsibilities to
respond to this letter within the allowed time nor docs it create any new rights or defenses under
the law.
If you have questions related to the inspection report or this letter, please contact
Christopher Rollins of my staff at (415) 947-4166.
Christopher Rollins
Mailcode: WST-3
RCRA Enforcement Office
U.S. Environmental Protection Agency
75 Hawthorne Street
San Francisco, CA 94105
rollins.christopher@epa.gov
Sincerely,
Amy C. Miller, Manager
RCRA Enforcement Office
Enclosure
-------
cc: (w/o enclosure): Mel P, Bunkers, ADEQ
Mel P. Bunkers, Manager
Hazardous Waste Inspections and Compliance Unil
Arizona Department of Environmental Quality
1110 W. Washington Street
Phoenix, AZ 85007 .
-------
Complaint and Notice of Opportunity for Hearing in the
Matter of Veolia ES Technical Solutions, LLC
(April 30, 2013)
-------
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION IX
75 Hawthorne Strcot
San f-ranosco, CA 94105
SfF; " C
Certhkv. Moil No. 7:KH> 1670 0(W 31 20 7089
Return Receipt Requested
Wayne R. Bulsievv iez
Vcoha US Technical Solutions. I.l.C
5736 W. Jeflcrson Street
Phoenix AX. 85043
Re: Complaint ami Notice of Opportunih I«>r I"ci-rtfiu
In the Mattel of Veal ia F> 1'txhiica^Sjjjijtjnnv JJ
L)c;tr Mr. Rtiisievaez:
Pk'jhe lltui enclosed a Compliant and Notice of ( Jpp.'rtunily fur I lcarin« ;hereinafter Complain:»
ancem.rtg violations ot (lie I o\ie Si.bsUira.es Coiur.il Au I I SC'A}, 1> I >.S,C. § 2601. by Veolia
HS "Veroie;il So!nitons. I I C\
I he Corr.plainl and the Rules of 1'raelice. 40 C.I-.R. lJart 22. set forth the alternatives available to
you h\ responding to the alleged facts, violations, proposed penalties, ar.d opportunity for
licurir:gH. It should be emphasised lliai ii'.uw uish to :eqjchl a hcuriiig and uvo.-d behig found in
default, you raus: Hie a written answer within thirl) (3stt dins of your receip" of the C om plain'.
Please aodres-j the siibmitti\l to;
II*you have any questions regarding the Compliant plaisc \-W.toCl Carol Bussey, in the Oitlce c!
Regional Counsel. lit (415) 972-3^50.
Carol Bus;;-.1)"
Assistant Re^ionu' ioutfocl
Office i:f Regional Coun.se' (ORC-I)
1 LS, f-PA. Region IX
75 Hatukorre Sited
Snn Fr.vriv-is CA 9410>
hus>ev catol */ena. jqv
Sincerely,
Kathleen H. Johnson
Director, Enforcement Division
IIS, Environmental Protection Aeeuey, Region IX
-------
Enclosures
cc: Greig R. Seldor (with Enclosures), Veolia ES Technical Solutions, LLC
Greig R, Seidor
Chief Legal Officer ' ' .
Veolia ES Technical Solutions, IXC ,
P.O. Box 1238
Sheffield, MA 01257
-------
FILED
UNITED STATUS
ENVIRONMENTAL PROTEC TION AGENCY
REGION IX
75 HAWTHORNE STREET
SAN FRANCISCO, CALIFORNIA 94105
30 pa I-. 52
ZyT¦¦-GiON IX
-LERK
In the Matter of:
) Docket No, TSCA-09-2013-0004;
Veolia Environmental Services
Technical Solutions LLC,
)
) COMPLAINT AND NOTICE OF
) OPPORTUNITY FOR HEARING
Respondent
)
)
PRELIMINARY STATEMENT
This is a civil administrative action brought pursuant to Section 16(a) of the Toxic
Substances Control Act ("TSCA"), 15 U.S.C. § 2615(a). Complainant is the Director of the
Enforcement Division, United States Environmental Protection Agency ("EPA'"), Region IX,
who has been duly delegated the authority to bring this action under TSCA, Respondent is
Veolia Environmental Services Technical Solutions LLC ("Respondent"), a Delaware
corporation doing business in Phoenix, Arizona,
Pursuant to Section 6(e) of TSCA, 15 U.S.C. § 2605(e), EPA has promulgated
comprehensive regulations governing the use, manufacture, processing, distribution, and disposal
of polychlorinatcd biphcnyls ("PCBs"') at 40 C.F.R. Part 761.
This Complaint serves as notice that Complainant has reason to believe that Respondent
violated Section 15 of TSCA, 15 U.S.C. § 2614, by violating the regulations governing PCBs at
40 C.F.R. Part 761.
-------
GENERAL AL [ -EG ATI ON S
1. It shall be unlawful for any person to (1) fail or refuse to comply with ...(C) any rale
promulgated or order issued under section 2604 or 2605 (section 6 of TSCAJ of this title.
Section 15(1)(C) ofTSCA, 15 U.S.C. § 26!4(i)(C).
2. *'PCB Container" means "any package, can, bottle, bag. barrel, drum, tank, or other
device that contains PCBs or PCB Articles and whose surfaces) has been in. direct
contact with PCBs," 40 C.F.R. § 761.3.
3. "PCB-Contaminated" means "a non-liquid material containing PCBs at concentrations >
50 ppm [parts per million] but < 500 ppm; a liquid material containing PCBs at
concentrations > 50 ppm but < 500 ppm or where insufficient liquid material is available
for analysis, a non-porous surface having a surface concentration > 10 ng/100 cm2 but <
100 ug/100 cm2, measured by a standard wipe test as defined in § 761.123." 40 C.F.R. §
761,3,
4. "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." 40 C.F.R. § 761.3,
5. "Person" means "any natural or judicial person, including any individual, corporation,
partnership or association... " 40 C.F.R. § 7613.
6. Respondent is a corporation, and therefore a "person" as that term is defined by 40 C.F.R.
§ 761.3,
7. Respondent owns and operates a facility located at 5736 W. Jefferson Street, Phoenix,
Arizona 85043 (the "Facility'"),
-------
8. At ail times relevant to this Complaint, Respondent was engaged in hazardous, non-
hazardous, and industrial waste disposal and recycling at the Facility, including such
activities involving PCBs.
9. On or about March 17,2008 and on or about September 16,2010, EPA Region IX
inspectors conducted inspections at the Facility, in part, for the purpose of determining
Respondent's compliance with 40 C.F.R. Part 761.
ALLRGF.D VIOLATIONS
COUNT I - Continued Use of PCB-Contaminated Structure C40 C.F.R,S 761.30fu¥ 1B
10. Paragraphs 1 through 9 above ire hereby incorporated by reference as if fully set forth
herein.
11. No person may use any PCB or PCB Item, regardless of concentration, in any manner
other than in a totally enclosed manner within the United States,.unless authorized under
40 C.F.R. § 761.30 or excepted under 40 C.F.R. § 761.20(a). 40 C.F.R. § 761.20(a);
Section 6(e)(2)(A) of TSCA, 15 IJ.S.C. § 2605(c)(2)(A).
12. "Totally enclosed manner" means any manner that will ensure no exposure of human
beings or the environment to any concentrations of PCBs. 40 C.F.R. § 761.3.
13. Pursuant to Section 6(e)(2)(B) of TSCA, 15 U.S.C. § 2605(e)(2)(B), 40 C.F.R. § 761,30
authorizes certain non-totally enclosed PCB activities. 40 C.F.R. § 761.30.
14. Any person may use equipment, structures, other non-liquid or liquid materials that were
contaminated with PCBs during manufacture, use, servicing, or because of spills from, or
proximity to PCBs > 50 ppm, including those not otherwise authorized for use under this
part, provided that (1) the materials were decontaminated in accordance with (a) a ISC A
PCB disposal approval; (b) 40 C.F.R. § 761.79; or (c) applicable EPA PCB spill cleanup
3
-------
policies. Materials that were not previously decontaminated can also be used if they meet
the applicable decontamination standard in 40 C.F.R. § 761.79(b). 40 C.F.R. §
761,30(u)(l).
15. Provisions that apply to PCBs at concentrations of > 50 ppm to < 500 ppm apply also to
contaminated surfaces of 10 pg/100 cm2 to < 100 fig/100 cm2. 40 C.F.R. § 761.1(b)(3).
16. On or about March 17,2008, an. EPA Region IX inspector and a representative of
Respondent took side-by-side wipe samples from Building 3 at the Facility.
17. On or about March 25, 2008, Respondent received wipe sample result* from its sampling
showing PCB concentrations of > 10 pg/100 cm2 [50 ppm], specifically 11 fig/100 cm2
and 15 ng/100 cm2.
18. On or about April 4, 2008, Respondent began decontamination of Building 3.
19. From on or about March 25. 2008 to on or about April 4, 2008, Building 3 was "PCB-
contaminated," as that term is defined by 40 C.F.R. § 761.3.
20. From on or about March 25,2008 to on or about April 4,2008, Respondent used
Building 3 at the Facility without decontaminating it.
21. Respondent's use of Building 3 at the Facility from on or about March 25,2008 to on or
about April 4,2008 without decontaminating it constitutes a violation of 40 C.F.R. §§
761.30(u)(l) and 761.20(a) and Section I5(1)(C) ofTSCA, 15 U.S.C. § 2614(1)(C),
lasting 11 days.
COUNT II - Continued Use of PCB-Contaminated Structure (40 C.F.R.S 76t,30fu¥ 1.))
22. Paragraphs 1 through 21 above are hereby incorporated by reference as if fully set forth
herein.
23. On or about March 17, 2008, an EPA Region IX inspector and a representative of
Respondent took side-by-side wipe samples from Building 4 at the Facility.
-------
24. On or about March 25,2008, Respondent received wipe sample results from its sampling
showing aPCB concentration of> 10 fig/100 cm2 [50 ppm], specifically 19 ng/100 cm2,
25. On or about April 4, 2008, Respondent began decontamination of Building 4.
26. From on or about March 25, 2008 to on or about Apri 1 4, 2008, Building 4 was "PCB-
contaminatcd," as that term is defined by 40 C.F.R.§ 761.3.
27. From on or about March 25, 2008 to on or about April 4,2008, Respondent used
Building 4 at the Facility without decontaminating it.
28. Respondent's use of Building 4 at the Facility from on or about March 25, 2008 to on or
about April 4, 2008 without decontaminating it constitutes a violation of 40 C.F.R. §§
761.30(u)(l) and 761.20(a)and Section 15(I)(C) ofTSCA, 15 U.S.C. § 2614(I)(C),
lasting 11 days.
COUNT III - Improper Disposat of PCBs (40 C.F.R. S 761.50fa')ffl)
29. Paragraphs I through 28 above are hereby incorporated by reference as if fully set forth
herein.
30. Any person storing or disposing of PCB waste must do so in accordance with Subpart D
of 40 C.F.R. Part 761. 40 C.F.R. § 761.50(a).
31. "Disposal" means intentionally or accidentally to discard, throw away, or otherwise
complete or terminate the useful life of PCBs and PCB Items. Disposal includes spills,
leaks, and other uncontrolled discharges of PCBs as well as actions related to containing,
transporting, destroying, degrading, decontaminating, or confining PCBs and PCB Items.
40 C.F.R. § 761.3.
32. Spills and other uncontrolled discharges or PCBs at concentrations of >50 ppm constitute
the disposal of PCBs. 40 CFR § 761.50(a)(4).
5
-------
33. On or about September 16,2010, an EPA Region IX inspector took surface wipe samples
from the concrete area adjacent to Building 2 at the Facility.
34. Oil or about November 8,2010, EPA Region IX provided the wipe sample results to
Respondent showing a PCB concentration of >10 pg/100 cm2 and therefore > 50 ppm,
specifically 150 fig,7100 cm2.
35. On or about November 13,2010, Respondent began clean-up of the concrete area
adjacent to Building 2 at the Facility.
36. The discharge of PCBs at concentrations of > 50 ppm on the concrete area adjacent to
Building 2 at the Facility constitutes "disposal" of PCBs, as that term is defined at 40
C.F.R. § 761.3 and 40 C.F.R. § 761.50(a)(4).
37. The disposal of PCBs on the concrete area adjacent to Building 2 at the Facility was not
in accordance with Subpart D of 40 C.F.R. Part 761.
38. Respondent's disposal of PCBs at concentrations of > 50 ppm on the concrete area
adjacent to Building 2 at the Facility from on or about November 8,2010 to on or about
November 13,2010 constitutes a violation of 40 C.F.R. § 761.50(a) and Section 15( 1 ){C)
of TSCA, 15 U.S.C. § 2614(1)(C), lasting 6 days.
COUNT IV - Failure to Indicate the Removal from Service Date (40 C.F.R. § 761.65fcY8V)
39. Paragraphs 1 through 38 above are hereby incorporated by reference as if fully set forth
herein.
40. PCB Items with PCB concentrations of 50 ppm or greater must be dated on the item
when they are removed from service for disposal. Hie storage shall be managed so that
the PCB Items can be located by this date. 40 C.F.R. § 761.65(c)(8).
41. On or about March 17, 2008, Respondent stored at the Facility two metal roll-off
containers filled with PCB ballasts that had been removed from service for disposal
-------
42. The two metal roll-off containers filled with the battels are each a "PCB Item" as that
term is defined at 40 C.F.R. § 761.3,
43. Each of the two metal roll-off containers filled with the ballasts contained PCBs with a
concentration of 50 ppm or greater,
44. On or about March 17, 2008, Respondent had failed lo put the date of removal from
service for disposal on the two metal roll-off containers filled with the ballasts.
45. Respondent's failure to put the removal from service for disposal date on these metal roll-
off containers constitutes a violation of 40 C.F.R. § 761.65(c)(8) and Section I5(1)(C) of
TSCA, 15 U.S.C. § 2614(l)(C).
COI INT V - Failure to Indicate the Removal from Service Dale (40 C.F.R. -S 761.65(c)(8))
46. Paragraphs 1 through 45 above are hereby incorporated by reference as if fully set forth
herein.
47. On or about September 16,2010, Respondent stored at the Facility two metal roll-off
containers filled with PCB ballasts that had been removed from service for disposal.
48. The two metal roll-off containers filled with the ballasts are each a "PCB Item" as that
term is defined at 40 C.F.R. § 761.3.
49. Each of the two metal roil-off containers filled with the ballasts contained PCBs with a
concentration of 50 ppm or greater.
50. On or about September 16,2010, Respondent had failed to put the date of removal from
service for disposal on the two metal roll-off containers filled with the ballasts.
51. Respondent's failure to put the removal from service for disposal date on these metal roll-
off containers constitutes a violation of 40 C.F.R. § 761.65(c)(8) and Section 15(1)(C) of
TSCA, 15 U.S.C. § 2614(1)(C).
7
-------
COUNT VI - Failure to Mark PCB Containers (40 C.KK. § ?6t.40fa¥f¥l
52. Paragraphs 1 through 51 above are hereby incorporated by reference as if fully set forth
herein.
53. PCB Containers containing PCBs in concentrations of 50 to 500 ppra must be marked
with the Ml mark as described in 40 C.F.R, § 761.45(a). 40 C.F.R. §§ 76i .40(a)(1) and
(e).
54. On or about March 17, 2008, Respondent had a bucket and two PCB decontamination
bath tanks that collectively contained approximately 1300 gallons of liquid with PCB
concentrations of > 50 ppm in Building 2 at the Facility,
55. The bucket and the two PCB decontamination bath tanks are each a "PCB Container," as
that term is defined at 40 C.F.R. § 761,3.
56. On or about March 17, 2008, the bucket and the two PCB decontamination bath tanks
were net marked with the Ml mark as described in § 761.45(a).
57. Respondent's failure to mark the bucket and the two PCB decontamination bath tanks in
Building 2 with the Ml mark as described in § 761,45{a) constitutes a violation of 40
C.F.R. §§761.40(a)(1) and (e) and Section 15( 1 ){C) of TSCA, 15 U.S.C. § 2614(1)(C),
COt )NT VI? - Failure to Mark PCB Containers f40 C.F.R. S 761.40faVm
58. Paragraphs 1 through 57 above are hereby incorporated by reference as if fully set forth
herein.
59. On or about September 16, 2010, Respondent had a vacuum that it used to clean up its
PCB storage and decommissioning area in the PCB storage and decommissioning area ot
Building 2 at the Facility.
8
-------
60, The vacuum is a "PCB Container/* as that term is defined at 40 C.F.R. § 761.3, that
contained PCBs in concentrations ol"> 50 ppm.
61, On or about September 16, 2010, the vacuum was not marked with the Ml mprk as
described in § 761.45(a),
62, Respondent's failure to mark the vacuum in Building 2 with the Ml mark as described in
§ 761.45(a) constitutes a violation of 40 C.F.R. §§ 761.40(a)(1) and (e) and Section
15(1)(C) of TSCA, 15 U.S.C. § 2614(I)(C).
PROPOSED CIVIL PENALTY
Section 16(a) (1) of TSCA, 15 U.S.C. § 2615(a)(1), authorizes the EPA Administrator to
assess a civil penally not to exceed $25,000 per day for each violation of Section 15 of TSCA, 15
U.S.C. § 2614. This statutory civil penalty has been raised to $32,500 per day for each violation
that occurred after March 15, 2004 hut on or before January 12, 2009 and to $37,500 per day for
each violation that occurred after January 12, 2009, pursuant to the Federal Civil Penalties
Inflation Adjustment Act of 1990, 28 U.S.C, § 2461, as amended, and its implementing
regulation, the Civil Monetary Penalty Inflation Adjustment Rule codified at 40 C.F.R. Part 19.
Based upon the nature, circumstances, extent, and gravity of the violations alleged above
and, with respect to the violator, ability to pay, effect on ability to continue to do business, any
history of prior such violations, the degree of culpability, and such other matters as justice may
require, as set forth in Section 16(a)(2(B) of TSCA, 15 U.S.C, § 2615(a)(2)(B), and EPA'a
Polyehiorinaled Biphenyls (PCB) Penalty Policy dated April 9, 1990 ("PCB Penalty Policy"'),
Complainant requests that the Administrator assess against Respondent a civil administrative
penalty of up to $32,500 for each violation that occurred before January 12, 2009 and up to
9
-------
$37*500 for each violation that occurred after January 12. 2009. A copy of the PCB Penally
Policy is enclosed with this Complaint,
NOTICE OF OPPORTUNITY FOR HEARING
A.ns^'sr imd AiClmiilitSfa'Stiye Hconnc
As provided in Section 16(a)(2'HA) ofTSCA, 15 U.S.C. § 2615(a)(2)(A), you have the
right to request a formal hearing in this matter. Any hearing requested will he conducted in
accordance with the Administrative Procedure Act. 5 U.S.C. § 551 et. so.)., and the Consolidated
Rules of Practice Governing the Administrative Assessment of Civil Penalties and the
Revocation/Termination or Suspension of Permits ("Consolidated Rules of Piacticc") at 40
C.F.R. Part 22. The Consolidated Rules of Practice govern these proceedings. A copy of the
Consolidated Rules of Practice is enclosed with this Complaint,
You must file a written Answer within thirty ( 30) davs of receiving this Complaint to
avoid being found in default, which constitutes an admission of all facts alleeed in the Complaint
mi a gaaBtflflh&qgfat to a having fte above ppafapsesssd withput
further Proceedings, if you choose to file an Answer, you are required by the Consolidated Rules
of Practice to clearly and directly admit, deny, or explain each of the factual allegations
contained in this Complaint to which you have any knowledge. If ycu have no knowledge of a
particular fact and so state, the allegation Is considered denied. Failure to deny any of the allega-
tions in this Complaint will constitute an admission of the undenied allegation.
The Answer shall also state the circumstances and arguments, if any, which are alleged to
constitute the grounds of defense, and shall specifically request an administrative hearing, it
desired. If you deny any material fact or raise any affirmative defense, you will be considered So
have requested a hearing.
10
-------
The Answer must be filed with:
Regional Hearing Clerk
USEPA, Region IX
75 Hawthorne Street
San Francisco, CA 94105
In addition, please send a copy of the Answer and all other documents that you file in this
action to;
Carol Bussey
Assistant Regional Counsel
Office of Regional Counsel (ORC-2)
USEPA, Region IX
75 Hawthorne Street
San Francisco, CA 94105
Ms. Bussey is the attorney assigned to represent EPA in this matter. Her telephone
number is (415) 972-3950.
You are further informed that the Consolidated Rules of Practice prohibit any ex parte
(unilateral) discussion of the merits of any action with the Regional Administrator, Regional
Judicial Officer, Administrative Law Judge, or any person likely to advise these officials in the
decision of the case, after the Complaint is issued.
Informal Settlement Conference
EPA encourages all parties against whom a civil penalty is proposed to pursue the
possibility of settlement through informal conferences, .Therefore, whether or not you request a
hearing, you may confer informally with EPA through Carol Bussey, the EPA attorney assigned
to this ease, regarding the facts of this case, the amount of the proposed penally, and the
possibility of settlement. An informal settlement conference does not, however, affect vour
obligation to file an Answer to this Complaint,
11
-------
Alternative Dispute Resolution
The parlies also may engage in. any process within the scope of the Alternative Dispute
Resolution Act, 5 U.S.C, §§ 581 ct seg,, which may facilitate voluntary settlement efforts.
Dispute resolution using alternative means of dispute resolution does not divest the Presiding
Officer of jurisdiction nor docs it automatically stay the proceeding.
Consent Agreement and Final. Order
EPA has the authority, where appropriate, to modify (he amount of the proposed penalty
to reflect any settlement reached with you in an informal conference or through alternative
dispute resolution. The terms of such an agreement would be embodied in a Consent Agreement
and Final Order, A Consent Agreement signed by both parties would be binding as to all terms
and conditions specified therein when the Regional Judicial Officer signs the Final Order.
Dated at San Francisco, California on this ^of&av of April. 2013
Kathleen H. Johnson
Director
Enforcement Division
USEPA, Region IX
12
-------
CERTIFICATE OF SERVICE
I certify that the original and one copy of lie foregoing Complaint and Notice of Opportunity for
Hearing was hand delivered to:
Regional Hearing Clerk
United States Environmental Protection Agency, Region DC
75 Hawthorne Street
San Francisco, California 94105
and that a true and correct copy of the Complaint; the Consolidated Rules of Practice, 40 C.F.R,
Fart 22; and the PCB Penalty Policy were placed in the United States Mall, certified mail, return
receipt requested, addressed to the following:
Veolia ES Technical Solutions, LLC
C/O CT Corporation System
2390 E. Camelback Road
Phoenix, AZ 85016
Certified Mail No. 7000 1670 0009 3120 7089
And an additional copy was sent regular mail to:
Greig R, Siedor
Chief Legal Officer
Veolia ES Technical Solutions, LLC
P.O. Box 1238
Sheffield, MA 01257
Enforcement Division
U.S. Environmental Protection Agency, Region IX
-------
Consent Agreement and Final Order
(September 30, 2013)
-------
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION IX
75 Hawthorne Street
San Francisco, CA 94105
httD:/Awww.eDa.gov/reqion9/wastetenforeennen1/i ndex.html
Certified Mail No.:7000 0520 0021 6109 1604
Return Receipt Requested
SEP 3 0 ?013
Wayne R. Bulsiewicz
Veolia ES Technical Solutions, LLC
5736 W. Jefferson Street
Phoenix, AZ 85043
Re: Consent Agreement and Final Order In the Matter of
Veolia ES Technical Solutions. LLC
Dear Mr. Bulsiewicz:
Please find enclosed the final executed Consent Agreement and Final Order (CA/FO) negotiated
between the United States Environmental Protection Agency, Region IX (EPA), and Veolia ES
Technical Solutions, LLC (Veolia).
This CA/FO sets out the terms for resolution of the Toxic Substances Control Act (TSCA)
administrative civil penalty action against Veolia for alleged violations of the polychlorinated
biphenyls (PCBs) requirements. Specifically, Veolia failed to properly mark, use and dispose of
PCBs as required under 40 C.F.R. Part 761.
Veolia's full compliance with the payment terms of this CA/FO and completion of all tasks in
accordance with the terms of this CA/FO will close this case. If you have any questions regarding
the PCB regulations governing your operations or the rules which govern the proceedings
terminated by the enclosed document, please contact Christopher Rollins of my staff at (415) 947-
4166, or Carol Bussey, in the Office of Regional Counsel, at (415) 972-3950.
Sincerely,
Kathleen H. Johnson, Director
Enforcement Division
Enclosure
-------
FILED
SEP 30 ffr i o
UNITED STATES
ENVIRONMENTAL PROTECTION AGENCY
REGION IX
75 HAWTHORNE STREET U3 Gr.\ - RHGION
SAN FRANCISCO, CA 94105 I! CLERS
IN THE MATTER OF;
Veolia ES Technical Solutions,
L,L,C.,
Respondent.
Docket No.TSCA-09-2013-0004
CONSENT AGREEMENT
AND FINAL ORDER
I. CONSENT AGREEMENT
Complainant, the Director of the Enforcement Division,
United States Environmental Protection Agency ("EPA"), Region IX
and Respondent, Veolia ES Technical Solutions, L.L.C., seek to
settle this case initiated against Respondent under Section 16(a)
of the Toxic Substances Control Act ("TSCA"), 15 U.S.C. §
2615(a), and consent to the entry of this Consent Agreement and
Final Order ("CAFO").
A. AUTHORITY
1. EPA initiated this civil administrative proceeding for
the assessment of a civil penalty under TSCA pursuant to Section
16(a) of TSCA, 15 U.S.C. § 2615(a), by issuing a Complaint and
Notice of Opportunity for Hearing ("Complaint.") against
Respondent on April 30, 2013 in accordance with the Consolidated
Rules of Practice Governing the Administrative Assessment of
Civil Penalties and the Revocation/Termination or Suspension of
Permits at 40 C.F.R. Part 22.
2. The Complaint alleges that Respondent violated Section
15 of TSCA by violating implementing regulations governing the
-------
use, manufacture, processing, distribution, and disposal of
po 1 ych.1 crinated biphenyls ( "PCBs") at 40 C.F.R. Part 761.
3. EPA and Respondent have agreed to resolve this civil
administrative proceeding by executing this CAFO pursuant to 40
C.F.R. § 22.18(b).
B. RESPONDENTS'1 ADMISSIONS
4, In accordance with 40 C.F.R, § 22.18(b)(2) and for the
purpose of this proceeding, Respondent (i) admits that EPA has
jurisdiction over the subject matter of this CAFO and over
Respondent; (ii) neither admits nor denies the specific factual
allegations contained in the Complaint; (iii) consents to any and
all conditions specified in this CAFO and to the assessment of
the civil adjiiiiiiatiative penalty under Section C of this CAFO;
(iv) waives any right to contest the allegations contained in the
Complaint; and (v) waives the right to appeal the proposed final
order contained in this CAFO.
C. CIVIL ADMINISTRATIVE PENALTY
5, Respondent agrees to the assessment of a penalty in the
amount of NINETY^FIVE THOUSAND DOLLARS ($95,000) as final
settlement of the civil claims against Respondent arising under
TSCA, as alleged in the Complaint.
6. Respondent shall pay the assessed penalty no later ttan
thirty (30) days after the effective date of the CAFO.
The assessed penalty shall be paid by certified, or cashier's
check, payable to "Treasurer, United States of America," or paid
In the Matter of 'Jeolia ES
Technical Solutions. L.L.C..
Docket No.TSCA-09-2013-0004
2
-------
by one of the other methods listed below and sent as follows:
Regular Mail:
U.S. Environmental Protection Agency
Fines and Penalties
Cincinnati Finance Center
PO Box 979077
St, Louis, MO 63197-9000
Wire Transfers:
Wire transfers must be sent directly to the Federal Rpsk ve Bank
in New York City with the following information:
Federal Reserve Bank of New oik
ABA = 021030004
Account = 68010727
SWIFT address = FRNYUS33
33 Liberty Street
New York, NY 10045
Field Tag 4200 of the Fedwire message should read "D 68010727
Environmental Protection Agency"
Overnight Mail:
U.S. Bank
1005 Convention Plaza
Mail Station SL-MO-C2GL
ATTN Box 979077
St, Louis, MO 63101
ACH (also known as REX or remittance express):
Automated Clearinghouse (ACH) for receiving US currency
PNC Bank
808 17th Street, NW
Washington, DC 20074
ABA = 051036706
Transaction Code 22 - checking
Environmental Protection Agency
Account 31006
CTX Format
On Line Payment:
This payment option can be accessed tr m the information below:
www.pay.gov
Enter "sfol.l" in the search field
Open form and complete required fields
In the Hatter of Vaoiia EE
Technical Solutions. L.L.C..
Docket No.TSCA-09-2013-0004
3
-------
If clarification regarding a particular method of payment
remittance is needed, contact the EPA Cincinnati Finance Centex
at 513-487-2091.
In addition, a copy of the check or notification that the payment
has been made by one of the other methods listed above, including
proof of the date payment was made, shall be sent with a
transmittal letter indicating Respondent's name, the case title,
and the docket number to;
a) Regional Hearing Clerk (ORC-1)
Office of Regional Counsel
U.S. Environmental Protection Agency, Region IX
75 Hawthorne Street
San Francisco, California 94105
b) Chris Rollins
Waste Enforcement Office (ENF-2-2)
Enforcement Division
U.S. Environmental Protection Agency, Region IX
75 Hawthorne Street
San Francisco, California 94105
7. Payment of the above civil administrative penalty shall
not be used by Respondent or any other person as a tax deduction
from Respondent's federal, state, or local taxes.
8. If Respondent fails to pay the assessed civil
administrative penalty specified in Paragraph 5 by the deadline
specified in Paragraph 6 of this CAFO, Respondent shall pay to
EPA the stipulated penalty of $1,500 per day for each day payment
is late in addition to the assessed penalty. Stipulated
penalties shall accrue until such time as the assessed penalty
and all accrued stipulated penalties are paid and shall become
due and payable upon written request by EPA. In addition,
failure to pay the civil administrative penalty by the deadline
In the Matter of Veolia ES
Technical Solutions, L.L.C..
Pocket No.TSCA-O9-2013-000 4
4
-------
specified in Paragraph 6 may lead to any or all of the following
actions:
a. The debt being referred to a credit reporting agency, a
collection agency, or to the Department of Justice for filing of
a collection action in the appropriate United States District
Court. 40 C.F.R. §§ 13,13, 13.14, and 13.33. In any such
collection action, the validity, amount, and appropriateness of
the assessed penalty and of this CAFO shall not be subject to
review.
b. The debt being collected by administrative offset {i.e., the
withholding of money payable by the United States to, or held by
the United States for, a person to satisfy the debt the person
owes the Government), which includes, but is not limited to,
referral to the Internal Revenue Service for offset against
income tax refunds. 40 C.F.R. Part 13, Subparts C and H.
c. EPA may (i) suspend or revoke Respondent's licenses or other
privileges; or (ii) suspend or disqualify Respondent from doing
business with EPA or engaging in programs EPA sponsors or funds.
40 C.F.R. § 13.17.
d. In accordance with the Debt Collection Act of 1982 and 40
C.F.R, Part 13 interest, penalties charges, and administrative
costs will be assessed against the outstanding amount that
Respondent owes to EPA for Respondent's failure to pay the civil
administrative penalty by the deadline specified in Paragraph 6.
Interest will be assessed at an annual rate that is equal to the
In the Hatter ol Veol.it) KS
Technical Solutions. L.L.C.,
Docket No.TSCA-0^-JQ13-000 4
-------
1 rate of current value of funds to the United States Treasury
2 (i.e., the Treasury tax and loan account rate) as prescribed and
3 published by the Secretary of the Treasury in the Federal
4 Register and the Treasury Fiscal Requirements Manual Bulletins.
5 40 C.F.R. § 13.11(a)(1). Penalty charges will be assessed
6 monthly at a rate of 6% per annum. 40 C.F.R. § 13.11(c).
7 Administrative costs for handling and collecting Respondent's
8 overdue debt will be based on either actual or average cost
9 incurred, and will include both direct and indirect costs. 40
10 C.F.R. § 13.11(b). In addition, if this matter is referred to
11 another department or agency (e.g., the Department of Justice,
12 the Internal Revenue Service), that department or agency may
13 assess its own administrative costs, in addition to EPA's
14 administrative costs, for handling and collecting Respondents'
15 overdue debt.
16 D. RESPONDENT'S CERTIFICATION
17 9. In executing this CAFO, Respondent certifies that it is
18 now in compliance with 40 C.F.R. Part 7 61 at its facility located
19 in Phoenix, Arizona.
20 E. RETENTION OF RIGHTS
21 10. In accordance with 40 C.F.R. § 22.18(c), this CAFO
22 only resolves Respondent's liability for federal civil penalties
23 for the violation and facts specifically alleged in the
24 Complaint. Nothing in this CAFO is intended to or shall be
25 construed to resolve (i) any civil liability for violations of
26
27 In the Matter of Yoolia ES
Technical Solutions, L.L.C.,
Docket NO.TSCA-G9-2013-0004
-------
any provision of any federal, state, or local law, statute,
regulation, rule, ordinance, or permit not specifically alleged
in the Complaint; or (ii) any criminal liability. EPA
specifically reserves any and all authorities, rights, and
remedies available to it (including, but not limited to,
injunctive or other equitable relief or criminal sanctions) to
address any violation of this CAFO or any violation not
specifically alleged in the Complaint.
11. This CAFO does not exempt, relieve, modify, or affect
in any way Respondent's duty to comply with all applicable
federal, state, and local laws, regulations, rules, ordinances,
and permits.
F. ATTORNEYSf FEES AND COSTS
12. Except as set forth in Paragraph 8(c) above, each party
shall bear its own costs, fees, and disbursements incurred in
this action,
G. EFFECTIVE DATE
13. In accordance with 40 C.F.R. §§ 22.18(b)(3) and
22.31(b), this CAFO shall be effective on the date that the final
order contained in this CAFO, having been approved and issued by
either the Regional Judicial Officer or Regional Administrator,
is filed.
H. BINDING EFFECT
14. The undersigned representative of Complainant and the
undersigned representative of Respondent each certities that he
In the Matter of Veolia ES
Technical Solutions, L.L.C.,
Docket No,TSCA-09-2013-0004
-------
or she is fully authorized to enter into the terms and conditions
2 of this CAFO and to bind the party he or she represents to this
3 CAFO.
4 15. This Consent Agreement, institutes the entire agreement
5 between the parties resolving this matter arising under TSCA,
6 16. The provisions of this CAFO shall be binding on
7 Respondent and its successors and assigns.
FOR RESPONDENT, VEOLIA ES TECHNICAL SOLUTIONS, L.
Date: qk/l3
ifa/iS By: I L^L
Robert ~f. I Cai>D«c
Robert tf, I Cappadona
Vice President of Service Operations
2 VEOLIA ES TECHNICAL SOLUTIONS, L.L.C,
3
FOR COMPLAINANT, EPA REGION IX
Date:
'/W/S By:
1f Kathleen h.Johnson
Director, Enforcement Division
U.S. ENVIRONMENTAL PROTECTION
AGENCY, REGION IX
20
21
22
23
24
25
26
27 In the Matter oi Veolia
Technical Solutions, L.L.C,,
Docket No.TSCA-09-2013-0304
28
-------
II. FINAL ORDER
Complainant and Respondent, having entered into the
foregoing Consent Agreement,
IT IS HEREBY ORDERED that this CAFO (Docket No, TSCA-09-
2013-0004) be entered, and that Respondent shall pay a civil
administrative penalty in the amount of NINETY-FIVE THOUSAND
DOLLARS ($95,000) and comply with the terms and conditions set
forth in the Consent Agreement,
DATE
A?*/
{ ?
ST EVEN -E-T^ftWCSinf
Regional Judicial /Offilter
U.S. Environmental Protection
Agency, Region IX
In the Matter of Veolka ES
Technical Solutions, L.L.C.,
Docket No.TSCA-09-2013-0004
-------
CERTIFICATE OF SERVICE
I certify that the original of the fully executed Consent Agreement and Final Order in the matter
of VEOLIA ES TECHNICAL SOLUTIONS, LLC (Docket No: TSCA-09-201.3-0004) was filed
with the Regional Hearing Clerk, U.S. EPA, Region IX, 75 Hawthorne Street. Sail Francisco, CA
94105, and that a true and correct copy of the same was sent to the following parties:
A copy was mailed via CERTIFIED MAIL to:
Mr. Wayne R. Bulsiewicz
Veolia ES Technical Solutions. LLC
5736 W. Jefferson Street
Phoenix, AZ 85043
CERTIFIED MAIL NUMBER: 7000 0520 0021 6109 1604
A copy was mailed via REGULAR MAIL to:
Greig R. Seidor
Chief Legal Officer
Veolia ES Technical Solutions, LLC
P.O. Box 1238
Sheffield, MA 01257
And an additional copy was hand-delivered to the following U.S. EPA attorney:
ioodwin
Regional Hearing Clerk
U.S. EPA. Region IX
Carol Bussey
Office of Regional Counsel
U.S. EPA, Region IX
75 I Iawthome Street
San Francisco, CA 94105
Date
-------
APPENDIX E - ENDANGERED SPECIES ACT DETERMINATION
-------
^^2. ' UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
» ' REGIONS
75 H.iwtlionie Stieet
San FmifJr.t u. CA 1 1105-3801
A'luust 20. 2!; "5
MEMORANDUM
SUR.il c; I Veol -* i-nv»on:nft:»fal Se-vtros Jy 5V3G tVf-st JtMlei tori S'leet
i sf!OC i!X A'POtr-1 T30A Frr:«>ti! Ef'A * rjocWi.** A?
O^teuninrVfior
FROM" Jeii" Beaoi ! • - " \
tuvron tr,""t,h Si -f
10 CyiiHa Pjdc^
f-*V ¦ rpf Wf :tPI
CU Csrr;? M*r, USi'VVS
I 'luderstaiK: tlvu fPA a txr'Siflt-n ty i ••¦iv^vi ;\ ul/or •nenlncation oi tin: TSCA !-»cn
A'f!jiovt>, !:>i thr su!.;«'Jl TnSs H:tM5£Me>irfmn upualea tK: (fC-te'-Jii*"rc-n I
made «n 20'I"Mt the pisnowil f*cl H/ opeia^ons .nrlet Hie ISCA RGB pcirir w>.» no:
*Siect tt'f catered ci c-m.n'Hjeicd jcl'ys tji liesscinafsd cnliCc:* i»j*WLi'
I hik-i-msmiuI lint tin; Mcihty ih »i«c«I to cfdin uni 5>"?h rsii.i WihUe S^virv (US* VvfS! 'PaC I at1
v'ned and Cn«ia»igeH!d spenes ro Majtciaoa Courty Auzor-- My "c'View
mairnvl tno !,-laity itself is construrteu tin « ui'piafcs i s an ex^U'-n chIj-v r;l ;»e?*
•inn ;!o^ itot i onuim s'hd.I-'! ;;jt .vjsc';^ !r» f'u* list aim ihnt ::vj nptMntiop.8 w.|! not
it-: c.-bi. ?(Xs i'-'o fii-.' et v i;)i!Pti." !, Basi-.-.f on 'i?v 'evicnv I iuvo oi.-kniuMict' <,km He
propov.^u (;h:»I!'v ope- y^cis und^s tin? I SO A PCI] vvi'i h^vo "to i^-eri on
?altvv! oi <'WsaiK;p!ec« s-peniev urhes sp^c^s nxviJi-eU ")y USFVVS : rtf»sK.iv*te;i
c;iilica; ".'lij'Ui'
Atfditioii.nly I t,f:ukv» nfOMiwIly w:lli C.fiiKr Mfin rs' fin; US; WB ut'ir:" in r-n consuls wit!* the US I ip.li *nci WikU»*o 5«
-------
APPENDIX F - STATE HISTORIC PRESERVATION OFFICER CONCURRENCE
WITH EPA FINDING
-------
•\ BrjA;r
Governor
Stat# Park*
Bo3nl
WaMm 0. Mtmm, Jf„ ¥s»i, Cfiair
Mufa later, Slate land €«*frts$ioi«f» Met Oar
Seeta '^3-
Larry Lamlry, Ptoenix
VHKam C. SmUo. Phoenix
ttiittfttiuun, Ptimfvx
15 October 2012
Caleb Shaffer
Manager
RCRA facilities Management Office
United States Environmental Protection. Agency, Region IX
7:i I Kuvthome Street
San Francis*¦« i. C A 11 OS
HI'- IVrtnit tvnrwal 4or Veoli.i Fnvtronmcnlai Hervkt s uihinca". Solutions LLC, 57% West
)vih-:'Mm Street, Phoenix; LTA; FPA 11 > A/0 IKK) V>7 ^'»U; SHPO-2006-1379 (108286)
Dew Mr, Shaffer:
Thank you lew consulting with our office regarding the above referenced federal undertaking.
Pursuant' to 36C.F.R. Part 800, the implementing regulation for Section 106 of the National
Historic Preservation Act, we have reviewed the documentation submitted, and we concur
with a finding of no historic properties affected. If you have any questions or concern®, then
please do not hesitate to contact me via e-maii eiaurila@azstateparks.gov. or by phone, 602-
542-7120.
Sincerely, /-"I
7^—A.
1'rick M. Laurila1-7
Compliance Specialist/ Archaeologist
Arizona Slate Historic Preservation Office
Arizona Slate- Parks • 1390 W. Washh|toii Steel«Phoenix, AZ 85007
PhonaTTTY: (602) §424174 • Fa*: <602) 54M1S8
-------
Appendix G - Approval Modification Classifications
Modifications
Class
A. General Approval Provisions
1. Administrative and informational changes
1
2. Correction of typographical errors
1
3. Equipment replacement or upgrading with functionally
equivalent components (e.g., pipes, valves, pumps, conveyors,
controls)
1
4. Changes in the frequency of or procedures for monitoring,
reporting, sampling, or maintenance activities by Veolia:
a. To provide for more frequent monitoring, reporting,
sampling, or maintenance
1
b. Other changes
2
5. Changes in expiration date of Approval to allow earlier
termination, with prior approval of EPA
1*
6. Changes in ownership or operational control of a facility
1*
7. Changes to remove Approval conditions that are no longer
applicable (i.e., because the standards upon which they are based
are no longer applicable to the facility)
1*
B. General Facility Standards
1. Changes to waste sampling or analysis methods:
a. To conform with agency guidance or regulations
1
b. To incorporate changes associated with underlying
hazardous constituents in ignitable or corrosive wastes
1*
c. Other changes
2
2. Changes to analytical quality assurance/control plan:
a. To conform with agency guidance or regulations
1
b. Other changes
2
3. Changes in procedures for maintaining the operating record
1
4. Changes in frequency or content of inspection schedules
2
-------
5. Changes in the training plan:
a. That affect the type or decrease the amount of training given
to employees
2
b. Other changes
1
6. Spill Prevention Control and Countermeasures Plan:
a. Changes in emergency procedures (i.e., spill or release
response procedures)
2
b. Replacement with functionally equivalent equipment,
upgrade, or relocate emergency equipment listed
1
c. Removal of equipment from emergency equipment list
2
d. Changes in name, address, or phone number of coordinators
or other persons or agencies identified in the plan
1
C. Closure
1. Closure Plan:
a. Changes in estimate of maximum extent of operations or
maximum inventory of waste on-site at any time during the
active life of the facility, with prior approval of EPA
1*
b. Changes in the closure schedule for any unit, changes in the
final closure schedule for the facility, or extension of the
closure period, with prior approval of EPA
1*
c. Changes in the expected year of final closure, where other
Approval conditions are not changed, with prior approval of
EPA
1*
d. Changes in procedures for decontamination of facility
equipment or structures, with prior approval of EPA
1*
e. Changes in approved closure plan resulting from unexpected
events occurring during partial or final closure, unless
otherwise specified in this appendix
2
2. Addition of the following new units to be used temporarily for
closure activities:
a. Surface impoundments
3
b. Incinerators
3
c. Tanks or containers (other than specified below)
2
-------
d. Tanks used for neutralization, dewatering, phase separation,
or component separation, with prior approval of EPA
1*
e. Staging piles
2
D. Containers
1. Modification or addition of container units:
a. Resulting in greater than 25% increase in the facility's
container storage capacity
3
b. Resulting in up to 25% increase in the facility's container
storage capacity
2
2. Modification of containers
a. Modification of a container unit without increasing the
capacity of the unit
2
b. Addition of a roof to a container unit without alteration of
the containment system
1
3. Storage of different wastes in containers
a. That require additional or different management practices
from those authorized in the Approval
3
b. That do not require additional or different management
practices from those authorized in the Approval
2
E. Tanks
1. Modification of tanks
a. Modification or addition of tank units resulting in greater
than 25% increase in the facility's tank capacity
3
b. Modification or addition of tank units resulting in up to 25%
increase in the facility's tank capacity
2
c. Addition of a new tank that will operate for more than 90
days using any of the following physical or chemical treatment
technologies: neutralization, dewatering, phase separation, or
component separation
2
d. After prior approval of EPA, addition of a new tank that will
operate for up to 90 days using any of the following physical
or chemical treatment technologies: neutralization, dewatering,
phase separation, or component separation
1*
-------
2. Modification of a tank unit or secondary containment system
without increasing the capacity of the unit
2
3. Replacement of a tank with a tank that meets the same design
standards and has a capacity within ±10% of the replaced tank
provided
1
a. The capacity difference is no more than 1500 gallons,
b. The facility's permitted tank capacity is not increased, and
c. The replacement tank meets the same conditions in the
Approval.
4. Modification of a tank management practice
2
5. Management of different wastes in tanks:
a. That require additional or different management practices,
tank design, different fire protection specifications, or
significantly different tank treatment process from that
authorized in the Approval
3
b. That do not require additional or different management
practices, tank design, different fire protection specifications,
or significantly different tank treatment process than
authorized in the Approval
2
*Class 1 modifications requiring prior EPA approval.
------- |