Statement of Basis
Proposed Modification of Approval for Commercial
Storage and Disposal of Polychlorinated Biphenyls
(PCBs)
US Ecology Nevada, Inc.
Beatty, Nevada
U.S. EPA ID: NVT330010000
Issued by
U.S. Environmental Protection Agency, Region 9
San Francisco, California
April 15, 2016

-------
CONTENTS
1.	Executive Summary 		1
2.	Introduction		2
3.	Public Participation for Proposed Modification of Approval 		2
4.	Facility Description		3
5.	Proposed Action		4
6.	PCB Unit Description 		5
7.	Required Regulatory Determinations for Chemical Waste Landfills 		6
8.	Use of Omnibus Provisions		7
9.	Other Requirements		7
Tables
Table 1 - Approved PCB Units and Maximum Capacities	 4
Figures
Figure 1 - Site Location Map
Figure 2 - Site Map Showing Active Landfill Units
Appendices
Appendix A - U.S. EPA TSCA Review Checklist for Chemical Waste Landfills
Appendix B - Justification for use of Omnibus Provisions
Appendix C - National Historic Preservation Act Correspondence
Appendix D - Environmental Justice Considerations for Renewal and Modification of PCB
Approval for US Ecology Facility, Beatty, Nevada
Appendix E - Desert Tortoise Protection Plan

-------
1. Executive Summary
The United States Environmental Protection Agency, Region 9 ("U.S. EPA") is requesting
public comment on its (1) proposal to modify the November 5, 2012 Toxic Substances
Control Act (TSCA) Approval ("TSCA Approval or Approval") for US Ecology Nevada,
Inc. (US Ecology), as facility operator, to construct and operate Trench 13, a new chemical
waste landfill unit for disposal of wastes containing polychlorinated biphenyls ("PCBs") at
its facility in Beatty, Nevada (hereinafter "Facility"), and (2) determination under the
National Historic Preservation Act (NHPA) that modification of the Approval to allow
construction and operation of Trench 13 will have "No Adverse Effect" on historic
properties, (see Section 9.a below). Specifically, the modification of the Approval will
allow US Ecology to excavate, construct, and operate Trench 13, a 47.3 acre landfill unit,
within the 400 acres of land that surrounds the current 80-acre facility. This Statement of
Basis ("SB") presents the terms of the proposed Approval modification and EPA's rationale
for proposing to approve it.
On November 5, 2012, EPA renewed and modified an Approval under TSCA for US
Ecology to operate a PCB storage and chemical waste landfill facility near Beatty, Nevada.
The renewed and modified Approval was issued pursuant to Section 6(e)(1) of the Toxic
Substances Control Act of 1976, 15 U.S.C. § 2605 (e)(1), and 40 C.F.R. Part 761, including
any amendments or revisions thereto. Under TSCA, the action is known as an "Approval".
A TSCA Approval is essentially a permit. For instance, EPA follows a similar
administrative process for Approval issuance, renewal and modification as a permit.
The proposed Approval modification is based on the written modification request titled "US
Ecology Nevada, Inc., Class 3 Permit/Approval Modification Request, RCRA Permit No.
NEVHW0025, EPA Toxic Substances Control Act (TSCA) Approval", dated November 6,
2015, as revised on April 6, 2016 (collectively the "Modification Request"). The
Modification Request applies to both the TSCA Approval overseen by U.S. EPA and the
Resource Conservation and Recovery Act ("RCRA)" Permit overseen by the Nevada
Division of Environmental Protection ("NDEP").
Modifications proposed in the TSCA Approval include: (1) adding Trench 13 as an
operating unit, (2) deleting Trench 11 as an operating unit since it completed closure, (3)
adding Approval requirements to protect the desert tortoise from construction and
operations at the Facility including implementation of the "Desert Tortoise Protection Plan"
(see Condition IV.B.10), (4) deleting references to the construction schedule for upgrading
the PCB Tank Farm secondary containment and for constructing the PCB Tank Truck
Loading Pad since these actions have been completed, (5) updating Table 3, PCB
Monitoring Wells, to include additional monitoring wells related to Trench 13, (6) adding
landfill inspection requirements after a 0.25 inch or greater storm event to the Post-Closure

-------
Care section (Approval Section VII. J), (7) removed references to the 400 acre butter zone,
and (8) general administrative changes and clarifications including, but not limited to,
updating U.S. EPA contact information.
U.S. EPA has concluded, based upon agency review of the Modification Request and
supporting documents that the proposed modification of the Approval for US Ecology,
along with the additional conditions included in the Approval, satisfies the requirements of
TSCA and 40 C.F.R. Part 761 for disposal of PCB's in a chemical waste landfill. U.S. EPA
has also concluded that PCB operations at the Facility do not pose an unreasonable risk of
injury to human health and the environment.
U.S.EPA will make a final decision on the Modification Request after considering public
comments. A 45-day public comment period will begin on April 27, 2016 and end on June
10, 2016. Comments may be submitted to U.S. EPA during the public comment period (see
Section 3 below, Public Participation for Proposed Modification of Approval).
2.	Introduction
This SB explains and justifies U.S. EPA's proposal to modify US Ecology's TSCA
Approval to authorize construction and operation of a new landfill unit that expands
disposal capacity for PCB wastes.
This SB is organized into the following sections: Section 1 - Executive Summary, Section 2
- Introduction, Section 3 - Public Participation for Proposed Approval, Section 4 - Facility
Description, Section 5 - Proposed Action, Section 6 - Required Regulatory Determinations
for Chemical Waste Landfills, Section 7 - Use of Omnibus Provisions, and Section 8 - Other
Requirements.
3.	Public Participation for Proposed Modification of Approval
U.S. EPA is requesting public comment on its proposed modification of the TSCA Approval
for the US Ecology Facility in Beatty, Nevada. U.S. EPA is also, as required by the NHPA,
requesting public comment on its determination of No Adverse Effect on historic properties
from the Approval modification.
Since the construction and operation of Trench 13 involves modification of both the TSCA
Approval and the RCRA hazardous waste permit overseen by the NDEP, U.S. EPA and
NDEP will coordinate efforts and send out a single notification announcing a 45-day public
comment period and requesting public comments on both the TSCA Approval and RCRA
Permit. The public comment period begins on April 27, 2016 and ends on June 10, 2016.
Comments may be submitted to U.S. EPA during the public comment period in writing via
mail and/or email.
2

-------
Written comments on the TSCA Approval modification should be emailed or postmarked
on or before June 10, 2016 and sent to:
Ronald Leach, Project Manager (LND-4-2)
US Environmental Protection Agency
Phone number: 415-972-3362
Email: leach.ronald@epa.gov
75 Hawthorne Street
San Francisco, CA 94105
By appointment, the public may review the Administrative Record (AR) which contains the
documents and information that U.S. EPA considered in proposing to modify the US
Ecology Approval. The AR is physically located at the U.S.EPA Region 9 Office, 75
Hawthorne Street, San Francisco, CA 94105.
Information repositories containing the most pertinent documents and an index of the AR
are located at the Beatty Library, 400 North 4th Street, Beatty Nevada 89003-0129 and at
the NDEP office in Las Vegas, Nevada at 2030 E. Flamingo Rd., Ste. 230, Las Vegas, NV
89119. If a document listed in the index of the AR cannot be found at the Beatty Library or
NDEP Office, community members may call Ronald Leach at (415) 972-3362 and a copy
will immediately be made available.
The most pertinent documents used in the decision making process can also be found on
U.S. EPA's website at www.epa.gov/region9/pcbs/usecology/
4. Facility Description
The US Ecology Facility is located in the Amargosa Desert on a 480 acre site northwest of
Las Vegas, Nevada, off Highway 95. The closest city is Beatty, Nevada, which is located
approximately 11 miles northwest of the Facility (see Figure 1, Site Location Map). The
Facility treats, stores and disposes of hazardous waste, PCBs, and non-hazardous industrial
material. The site is owned by the State of Nevada and operated by US Ecology.
The Facility was established in 1962 by the Nuclear Engineering Company for disposal of
low-level radioactive wastes (LLRW). In 1970, Nuclear Engineering Company obtained
permission from the State of Nevada to dispose of hazardous chemical wastes on a portion
of the property adjacent to the authorized LLRW disposal area, but separated by a 200-foot
buffer zone. The chemical disposal facility has been in operation since 1970. The disposal
of LLRW was discontinued in December 1992.
The Facility is currently operating under a RCRA permit issued by the NDEP in December
2011 to manage hazardous waste and a TSCA Approval from the U.S. EPA to dispose and
store PCB waste that was issued November 5, 2012.
The Facility consists of nine pre-RCRA chemical waste trenches (closed), one LLRW
landfill (closed), and the following four hazardous waste landfills: Trench 10 (closed),
3

-------
Trench 11 (closed), Trench 12 (operating), and Trench 13 (if approved, under construction).
Other operations at the US Ecology Facility include: batch stabilization and solidification,
PCB storage in tanks, and storage of hazardous waste and PCBs.
5. Proposed Action
The modified Approval, if finalized, authorizes US Ecology to store, treat for disposal, and
dispose of PCB wastes at the Facility as described in the table below:
Table 1
Approved PCB Units and Maximum Capacities
Waste Management Unit
Name
Type and
Number of
Units
Authorized
Activity
Maximum Total
Capacity
Location in
Approval
PCB Storage and Processing
Building
1 Building
Storage
59,400 gallons
Section V
PCB Tank Farm
5 Tanks
Storage
28,000 gallons
Section V
PCB Tank Truck Loading Pad*
1 Pad
Waste Transfer
Not Applicable
Section V
Stabilization Tanks (a.k.a.
"Treatment Pans")
Treatment
Pans 4 and 5
Treatment for
Disposal
137,000 gallons per
day
Section VI
Evaporation Tank
1 Tank
Treatment for
Disposal
10,000 gallons
Section VI
Trench 12
1 Landfill
Disposal
1.66 million cubic
yards
Section VII
Trench 13
1 Landfill
Disposal
8.6 million cubic
yards
Section VII
*The PCB Tank Truck Loading Pad is an ancillary or support unit to the PCB Tank Farm. The Pad
provides containment for tanker trucks that receive PCB liquids from the PCB Tank Farm.
Trench 13, which is a new landfill unit, is being proposed for approval and is shown on
Figure 2, Site Map Showing Active Landfill Units, US Ecology Nevada. All of the units
authorized by the proposed Approval for PCB waste management, with the exception of the
PCB Tank Truck Loading Pad, are also separately permitted by the State of Nevada to store,
treat, and dispose of hazardous waste under RCRA.
The modified Approval includes the following significant changes from the previous
Approval issued in 2012:
4

-------
•	Trench 13 is being authorized for construction and operation for PCB disposal.
This includes new Approval requirements contained in Section VII, Conditions
for Landfill Disposal ofPCBs (e.g., maximum disposal capacity).
•	Trench 11 has been deleted as an operating unit since it completed closure. A
Notice of Acceptance for the Trench 11 Closure Certification was issued by the
NDEP on April 10, 2014. Thus, references to Trench 11 have been deleted from
the operational sections of the TSCA Approval including the closure cost estimate
(Condition IV. J), but remain for financial assurance for post closure care, leachate
management in the Response Action Plan, and for Post-Closure Care. Please note
that using leachate from Trench 11 for dust suppression is no longer allowed since
this unit is closed (see Condition VII.E.9).
•	Approval requirements to protect the desert tortoise from construction and
operations at the Facility have been added including implementation of the
"Desert Tortoise Protection Plan" (see Condition IV.B.10).
•	Condition IV.H.2 that requires weekly inspection of the perimeter fence to prevent desert
tortoises from entering the Facility has been deleted because it is unnecessary due to the
Desert Tortoise Protection Plan.
•	A construction schedule for and references to upgrading the PCB Tank Farm
secondary containment system and construction of the PCB Tank Truck Loading
Pad have been deleted since these activities have been completed (Approval
Conditions V.M and V.N deleted).
•	Table 3, PCB Monitoring Wells, has been updated to include additional monitoring wells
related to Trench 13.
•	Landfill inspection requirements after a 0.25 inch or greater storm event have been added
to the Post-Closure Care section (Approval Section VII.J).
•	Removed references to the 400 acre leased buffer zone.
•	General administrative changes and clarifications were made including, but not
limited to, updating the U.S. EPA contact information.
6. PCB Unit Description
The Modification Request is for construction and operation of Trench 13, a 47.3 acre landfill
unit.
a. PCB Disposal
Trench 12 and if the modification is approved, Trench 13 will be the only active landfills
at the US Ecology Facility. Trench 12 is currently permitted to receive non-liquid RCRA
5

-------
hazardous waste, non-RCRA waste and PCBs. Trench 13, once permitted, will be
constructed in five phases and be able to accept both RCRA wastes and TSCA PCB
wastes for disposal. Trench 12 and Trench 13 (once constructed) will have bottom and
sidewall liner systems that incorporate primary and secondary liners as well as leachate
collection and recovery systems. The base footprint of Trench 12 is approximately 11
acres (all three phases). The base footprint of Trench 13 is 47.3 acres. The locations of
Trench 12 and Trench 13 are shown on Figure 2, Site Map Showing Active Landfill
Units, US Ecology Nevada.
7. Required Regulatory Determinations for Chemical Waste Landfills (40 CFR §
761.75(c)(1) and 40 C.F.R. § 761.75(c)(3)(i))
U.S. EPA has evaluated the Modification Request including the supporting documents and
determined that the requirements contained in 40 C.F.R. § 761.75(c)(1) and 40 C.F.R. §
761.75(c)(3)(i) have been satisfied for the disposal of PCB wastes in the Trench 13 chemical
waste landfill at the US Ecology Facility. U.S. EPA's findings for each requirement are
discussed below.
a. Initial Report/Renewal Application
As required in 40 C.F.R. § 761.75(c)(1), the Modification Request and supporting
documents:
•	Specify the location of the Trench 13 chemical waste landfill (TSCA Approval,
Appendix B-17, Landfill Engineering Report, Section 1.2, Location);
•	Include a detailed description of the landfill (TSCA Approval, Appendix B-17,
Landfill Engineering Report, Sections 4 to 9);
•	Describe how the landfill complies with the technical requirements specified in 40
C.F.R. § 761.75(b) (TSCA Approval, Appendix B-l, Facility Operations Plan,
Appendix B-l 1, Environmental Monitoring Plan, Appendix B-l2, Sampling and
Analysis Plan, Appendix B-15, Response Action Plan-Trench 13, and Appendix B-
17, Landfill Engineering Report);
•	Describe sampling and monitoring equipment (TSCA Approval, Appendix B-l 1,
Environmental Monitoring Plan and Appendix B-12, Sampling and Analysis Plan);
•	Specify the expected waste volumes of PCBs (TSCA Approval, Appendix 17, Land
fill Engineering Report, Section 1.4, Project Description);
•	Provide a general description of waste materials other than PCBs that are expected to
be disposed of in Trench 13 (TSCA Approval, Appendix 17, Landfill Engineering
Report, Section 1.1, Facility Information);
•	Include a Facility Operations Plan (TSCA Approval, Appendix B-l, Facility
Operations Plan); and
6

-------
• List local, State or Federal permits or Approvals (TSCA Approval, Appendix B-17,
Landfill Engineering Report, Section 2, Regulations).
b. Technical Requirements for Chemical Waste Landfills (40 C.F.R. § 761.75(b))
As required in 40 C.F.R. § 761.75(c)(3)(i), the Modification Request and supporting
documents, meet the technical requirements contained in 40 C.F.R. § 761.75(b). A
detailed breakdown of how the requirements of 40 C.F.R. § 761.75(b) are satisfied is
provided in the TSCA Review Checklist for Chemical Waste Landfills (see Appendix A
of this SB).
8.	Use of Omnibus Provisions at 40 C.F.R. § 761.65(d)(4)(iv) and 40 C.F.R. §
761.75(c)(3)(H)
The TSCA regulations at 40 C.F.R. § 761.65(d)(4)(iv) and 40 C.F.R. § 761.75(c)(3)(ii)
allow U.S. EPA to include other requirements in an approval that the agency finds necessary
to ensure that PCB storage and disposal operations at a facility "will not pose an
unreasonable risk of injury to health or the environment."
The proposed modification of the Approval includes use of these provisions to include
requirements that are not specifically delineated in the TSCA regulations, but are
nonetheless necessary to ensure that operations at the Facility "will not pose an
unreasonable risk of injury to health or the environment." For example, the TSCA
regulations for chemical waste landfills at 40 C.F.R. § 761.75 do not include the
requirement for a closure plan. U.S. EPA is requiring that the Trench 13 landfill be
included in the Facility Closure Plan using the omnibus regulation at 40 C.F.R. §
761.75 (c)(3 )(ii).
U.S. EPA's justification for using the omnibus provisions of 40 C.F.R. § 761.75(c)(3)(ii) in
the US Ecology Approval are provided in Appendix B.
9.	Other Requirements
In addition to TSCA and the regulations at 40 C.F.R. § 761.75, U.S. EPA must comply with
other requirements prior to approving a Class III modification of the TSCA Approval.
These other requirements include Section 106 of the National Historic Preservation Act,
Environmental Justice per Presidential Executive Order 12898, and Section 7 of the
Endangered Species Act. U.S. EPA has evaluated the Modification Request and its
supporting documents and determined that the proposal to modify the TSCA Approval for
the US Ecology Facility is in compliance with these other requirements as discussed below:
7

-------
a. Section 106 of the National Historic Preservation Act
U.S. EPA has determined that the proposed modification of US Ecology's TSCA
Approval to increase its commercial disposal capacity for PCB wastes at the Facility will
have "No Adverse Effect" on historic properties. U.S. EPA, as the permitting agency, is
responsible for complying with the National Historic Preservation Act of 1966 (NHPA),
as amended, 54 U.S.C. § 300101 et seq. The NHPA requires Federal agencies to take
into account the effects of their actions (undertakings) on historic properties, and afford
consulting parties and the public reasonable opportunity to comment. The requirements
of the NHPA apply to U.S. EPA for the modification (class III) of the TSCA Approval
for US Ecology to manage PCB wastes at the Facility. As discussed below, U.S. EPA's
determination is primarily based on a U.S. Department of the Interior, Bureau of Land
Management's ("BLM's") NHPA consultation with the Nevada State Historic
Preservation Office (Nevada SHPO) on its transfer of the land and the proposed US
Ecology expansion that includes the same 400-acre parcel. U.S. EPA also initiated
government-to-government Tribal consultation with potentially affected Tribes to
identify any sites of concern in the project area.
EPA's determination of "No Adverse Effect" is based on several factors: (1) the
continued use of the 1962 facility represents continued use of its historic function; (2) the
U.S. EPA's Area of Potential Effects (APE) is identical to that of the BLM transfer and
can therefore rely on the BLM's identification effort for its land transfer; (3) the Nevada
State Historic Preservation Office (SHPO) concurred with a BLM determination of "No
Adverse Effect" on that agency's land transfer in the identical APE; (4) U.S. EPA
undertook government-to-government tribal consultation with representatives of affected
Native American Tribes and this consultation did not result in the identification of any
sites of religious and cultural importance to the Tribes; and (5) the proposed TCSA
modification introduces no new effects or demonstrable changes in the use of what has
been a landfill facility since 1962 and likewise introduces no additional indirect (visual)
effects. In a letter dated June 2, 2015, the SHPO concurred on EPA's determination of
No Adverse Effect for US Ecology's Proposed TSCA Permit Modification. U.S. EPA's
determination of "No Adverse Effect" and the SHPO's June 2, 2015 concurrence letter
are contained in Appendix C of this SB.
U.S. EPA is requesting public comment on its determination that historic properties will
not be affected by the modification of the US Ecology Approval. 36 C.F.R. § 800.2
(d)(2) requires that the implementing agency provide the public with information about
an undertaking and its effects on historic properties and seek public comment and input.
8

-------
b.	Environmental Justice
Environmental Justice ("EJ") is one factor that U.S. EPA must consider when taking an
action such as making a permit decision. This is established by Presidential Executive
Order 12898, Federal Actions to Address Environmental Justice in Minority Populations
and Low-Income Populations, which was issued on February 11, 1994. The goal of the
Executive Order is to ensure that all federal agencies identify and address, as appropriate,
any disproportionately high and adverse impacts of their programs and activities on
minority or low-income groups. In evaluating possible EJ concerns, the key question to
consider is whether there is any basis to believe that the operation of the facility pursuing
a permit may have a disproportionate impact on a minority or low-income segment of an
affected community.
EJ is not a community concern for U.S. EPA's decision regarding the proposed
modification of the TSCA Approval for the US Ecology Facility. This conclusion, which
was used to support issuing the November 5, 2012 Approval, is based on demographic
information obtained from the Environmental Justice Geographic Assessment Tool
(EJGAT) and on historical records of attendance at public meetings for the hazardous
waste management permit for the facility. This rationale still applies today as nothing has
substantially changed in the Beatty, Nevada community. For example, one person from
the community attended the public meeting held by US Ecology on December 15, 2015
for the proposed permit modification request to allow construction and operation of
Trench 13. Erika Gerling, a member of the Beatty Town Advisory Board, attended the
public meeting and expressed her support for the new disposal trench.
Demographic data from the EJGAT indicates that there is no disproportionately high
minority or low income populations within a 3-mile radius of the US Ecology facility.
See Appendix D for more details on how the EJ determination was made. Moreover,
there has been little or no community attendance at public meetings held to obtain
comments on RCRA permit actions. EJ issues have also not been raised by the local
community and there is no past history of EJ concerns. Appendix D of this SB contains
U.S. EPA's "Environmental Justice Considerations for Renewal and Modification of
PCB Approval for US Ecology Facility, Beatty, Nevada".
c.	Endangered Species Act
Section 7(a)(2) of the Endangered Species Act (ESA), 16 U.S.C. § 1536(a)(2), requires
all Federal agencies, in consultation with the United States Fish and Wildlife Service
("USFWS"), to insure that any action they carry out, fund, or authorize (such as through a
permit) is not likely to jeopardize the continued existence of a listed species or result in
the destruction or adverse modification of designated critical habitat. The desert tortoise
9

-------
is the only Federally listed endangered species or candidate species likely to occur within
the vicinity of the Facility.
U.S. EPA considers a Class III modification of the Approval as an "action" subject to the
ESA. On September 28, 2015, U.S. EPA approved the "Desert Tortoise Protection Plan",
prepared by Knight and Leavitt Associates, dated September 23, 2015. The purpose of
the Desert Tortoise Protection Plan ("DTPP") is to minimize the effects on the desert
tortoise and its habitat from any activities resulting from the modification or renewal of
the TSCA Approval. The DTPP includes specific requirements to protect the desert
tortoise and its habitat during the construction and operation of Trench 13, the proposed
new 47.3 acre landfill at the US Ecology Facility. The U.S. EPA approved DTPP can be
found in Appendix E of this SB.
U.S. EPA's Class III modification of the Approval was evaluated in a broader ESA
consultation lead by the BLM. The results of that consultation are described in the
USFWS Formal Programmatic Biological Opinion dated January 2, 2013, as
supplemented by USFWS, Action Appended to the BLM's Southern Nevada District
Programmatic Biological Opinion (File No. 84320-2010-F-0365 (March 25, 2015)("BO
Amendment"). The BO Amendment concluded that the expansion of the Facility,
including the implementation of the DTPP, would not jeopardize the continued existence
of the desert tortoise or result in the destruction or adverse modification of designated
critical habitat.
10

-------