Statement of Basis
Approval for Commercial Storage and Disposal of
Polychloriiiated 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
November 5, 2012
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CONTENTS
1. Executive Summary 1
2. Introduction 2
3. Public Participation lor Proposed Approval 2
4. Facility Description 3
Proposed Action 4
PCB Unit Descriptions 5
Required Regulatory Determinations ior Storage of PCBs 7
8. Required Regulatory Determinations for Chemical Waste Landfills 10
9. Use of Omnibus Provisions 11
10. Other Requirements II
Tables
Table 1 - Approved PCB Units and Maximum Capacities 4
Figures
Figure 1 - Site Location Map
Figure 2 - Map of PCB Units Proposed for Approval
Appendices
Appendix A - Justification for use of Omnibus Provisions
Appendix B - U.S. EPA. Endangered Species Act Determination of "No Effect" for Renewal and
Modification of PCB Approval for US Ecology Facility, Beatty, Nevada
Appendix C - U.S. EPA TSCA Review Checklist for Chemical Waste Landfills
Appendix D - National Flistoric Preservation Act Correspondence
Appendix E - Environmental Justice Considerations for Renewal and Modification of PCB
Approval for US Ecology Facility, Beatty. Nevada
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1. Executive Summary
The United States Environmental Protection Agency, Region 9 ("U.S. EPA") is requesting
public comment on its (1) proposal to renew and modify an Approval (permit) for US
Ecology Nevada, Inc. ("US Ecology"), as facility operator, to continue to operate a
commercial polychlorinated biphenyl ("PCR") storage and chemical waste landfill facility
in Beatty, Nevada (hereinafter "Facility"), and (2) determination that historic properties will
not be affected by the renewal and modification of the US Ecology Approval (see Section
10.a below). The proposed Approval also includes, for the first time, the State of Nevada,
the site Owner (the "Owner"), as a co-permittee for purposes of closure and post-closure
care only. This Statement of Basis ("SB") presents the terms of the proposed Approval and
U.S. EPA's rationale for its issuance.
The Approval will be 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, including any
amendments or revisions thereto. Under TSCA, the action being proposed is known as an
"Approval". A TSCA Approval is essentially a permit. For instance, U.S. EPA follows a
similar administrative process for Approval issuance, renewal and modification as a permit.
The proposed Approval ("TSCA Approval" or "Approval") will allow continued disposal of
PCBs in the Trench 11 landfill, storage of PCBs, and limited treatment for disposal in two
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disposal in the Trench 12 landfill that has been receiving hazardous wastes since 2008
pursuant to a Resource Conservation and Recovery Act ("RCRA") permit issued by the
State of Nevada.
The proposed Approval is based on the written renewal application titled "Toxic Substances
Control Act (TSCA) Permit Renewal Application, US Ecology Nevada, January 8, 2010" as
revised on September 24, 2010, February 9, 2011, May 17, 2011 and December 15, 2011
(collectively the "Renewal Application").
US Ecology is currently operating under an Approval to manage PCB wastes issued by U.S.
EPA in 1996. On July 1, 2000, US Ecology submitted an application to renew the 1996
Approval prior to its expiration on January 11, 2001. The submittal of the renewal
application administratively extended the terms of the 1996 Approval. At U.S. EPA's
request, US Ecology submitted a revised renewal application dated March 3, 2009. The
July 1, 2000 and March 3, 2009 applications were superseded by the January 8, 2010
Renewal Application. US Ecology will continue to operate under the 1996 Approval until
U.S. EPA makes a final decision on the Renewal Application.
The 1996 Approval is proposed to be renewed and modified to include the following new-
Waste Management Units ("Units"): Trench 12 landfill, Treatment Pans 4 and 5 (batch
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stabilization tanks), PGR Tank Truck Loading Pad, and the Evaporation Tank. U.S. EPA
has concluded, based upon agency review of the Renewal Application and supporting
documents, that the proposed renewal and modification of the Approval for US Ecology,
along with the additional conditions included in the proposed Approval, satisfies the
requirements of TSCA and 40 C.F.R. Part 761 for storage of PCBs and for disposal of PCBs
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 or the environment.
U.S. EPA will make a final decision on the Renewal Application after considering public
comments. A 45-day public comment period will begin on August 10, 2012 and end on
September 24, 2012. Comments may be submitted to U.S. EPA during the public comment
period (see Section 3 below, Public Participation for Proposed Approval).
2. Introduction
This SB explains and justifies U.S. EPA's proposal to renew and modify a TSCA Approval
for the US Ecology Facility in Beatty, Nevada to store, treat for disposal, and dispose of
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 Storage of PCBs, Section 7 Required Regulatory Determinations for Chemical Waste
Landfills. Section 8 - Use of Omnibus Provisions, and Section 9 - Other Requirements.
3, Public Participation tor Proposed Approval
U.S. EPA is requesting public comment on its proposed TSCA Approval for the US
Ecology Facility in Beatty, Nevada. U.S. EPA is also, as required by the National Historic
Preservation Act C'NHPA"), requesting public comment on its determination that historic
properties will not be affected by the Approval decision.
U.S. EPA has issued a public notice and fact sheet announcing a 45-day comment period.
The public comment period begins on August 10, 2012 and ends on September 24. 2012.
Comments may be submitted to U.S. EPA during the public comment period in writing via
mail, email, fax and/or in person at a public meeting and hearing on the proposed Approval.
The public meeting and hearing will be held on September 13, 2012 from 6:00 to 8:00 pm at
the Beatty Community Center located at 100 A Avenue South, Beatty NV 89003.
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Written comments should be faxed, emailed
and sent to:
Ronald Leach, Project Manager (WST-4)
US Environmental Protection Agency
75 Hawthorne Street
San Francisco, CA 94105
postmarked on or before September 24, 2012
Phone number: 415-972-3362
Fax number: 415-947-3530
Email: leach.ronald@epa.gov
The public may review the Administrative Record ("AR") which contains the documents
and information that U.S. EPA considered in proposing to renew and 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.
Satellite 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 Nevada Division of Environmental Protection ("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.aov/region9/pcbs/usecology/.
4. Facility Description
The US Ecology Facility is located in the Amargosa Desert on an 80 acre site about 100
miles 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 State of Nevada leases a 400-acre buffer zone surrounding the Facility from
the U.S. Bureau of Land Management.
The Facility was established in 1962 by the Nuclear Engineering Company for disposal of
low-level radioactive wastes ("LLRW"). In 1970, Nuclear Engineering Company obtained
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of the property adjacent to the authorized LLRW disposal area, but separated by a 200-foot
buffer zone. The chemical disposal facility has been in operation since 1970. The disposal
of LLRW was discontinued in December 1992.
The Facility is currently operating under a RCRA permit issued by the Nevada Division of
Environmental Protection to manage hazardous waste ("State RCRA Permit") and a TSCA
Approval from the U.S. EPA to dispose and store PCB waste that was issued in 1996. On
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July 1, 2000, US Ecology submitted an application to renew the 1996 Approval prior to its
expiration on January 11, 2001. The submittal of the renewal application administratively
extended the terms of the 1996 Approval. At U.S. EPA's request, US Ecology submitted a
revised renewal application dated March 3. 2009. The July 1. 2000 and March 3, 2009
applications were superseded by the January 8, 2010 Renewal Application. US Ecology
will continue to operate under the 1996 Approval until U.S. EPA makes a hnal decision on
the Renewal Application.
The Facility consists of nine pre-RCRA chemical waste trenches (closed), one LLRW
landfill (closed), and the following three hazardous waste landfills: Trench 10 (closed),
Trench 11 (operating) and Trench 12 (operating). Other operations at the US Ecology
Facility include: batch stabilization and solidification. PCB storage in tanks, and storage of
hazardous waste and PCBs.
5. Proposed Action
The proposed Approval 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 Totai
Capacity
1
Location in
Approval
PCB Storage and Processing
Building
1 Building
Storage
. . ... .... ....... .. .
59,400 gallons
-*rv. .
Section V
PCB Tank Farm
5 Tanks Storage
28,000 gallons
Section V
PCB l ank 1 ruck 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 11
1 Landfill
... ¦
Disposal
2.36 million cubic
yards
Section VII
Trench 12
1 Landfill
Disposal
1.66 million cubic
yards
Section VII
The PCB Tank Truck Loading Pad is an ancillary or support unit to the PCB Tank Farm. The Pad,
which will be constructed after issuance of the Approval, will provide containment for tanker trucks
that receive PCB liquids from the PCB Tank Farm.
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All of the units authorized by the proposed Approval for PCB waste management, with the
exception of the PCB Tank Truck Loading Pad, arc also separately permitted by the State of
Nevada to store, treat, and dispose of hazardous waste under RCRA. The units being
approved lor storage, treatment for disposal, and disposal ofPCBs are shown in Figure 2,
Map of Approved PCB Units.
The proposed Approval includes the following significant changes from the previous
Approval issued in 1996:
• Trench 12 is being authorized for PCB disposal. Trench 12 has been previously
approved by the State of Nevada to receiv e hazardous wastes for disposal;
• Requirement for construction of a sealed concrete PCB Tank Truck Loading Pad;
• Requirement for construction of an upgraded sealed concrete secondary
containment system for the PCB Tank Farm; and
• Limitations on treatment for disposal ofPCBs in Treatment Pans 4 and 5 and in
the Evaporation Tank.
PCB Unit Descriptions
The PCB Units authorized by the Approval for storage, treatment for disposal, and disposal
at the US Ecology are described below:
a. PCB Storage Units
The PCB Storage and Processing Building ("PSPB") (referenced as the PCB/RCRA
Storage Building in the State RCRA Permit) is primarily used lor storing PCBs and for
draining and flushing equipment that contain PCB liquids. The State RCRA Permit
authorizes other hazardous waste besides PCBs to be stored in the PSPB. The PSPB
consists of an enclosed building (48 ft x 100 ft) with a roof and walls to protect PCBs
from precipitation. It has a continuous curb 9 inches high inside and adjacent to the walls
of the building. The building has a sealed concrete floor and is underlain by a 4-mil
vapor barrier, and two sand-bedded 30 mil high density polyethylene synthetic liners. A
vehicle access door is located on the front or west side of the building alone with a small
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office.
The PCB Tank Farm consisting of five liquid storage tanks with a combined volume of
28,000 gallons is located behind (east) and adjacent to the PSPB. Pipes from the five
PCB draining and flushing stations inside the PSPB extend to the adjacent PCB Tank
Farm. There is a vacuum line for draining equipment and a feed line for the addition of
flushing liquids. The PCB Tank Farm secondary containment system consists of a
sandwich of two (2) 30 mil synthetic liners and a 125 mil polyester filter fabric protective
sheet covered by at least 12 inches of sand for protection of the liner. The secondary
containment system for the PCB Tank Farm will be upgraded to sealed concrete as
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discussed in Subsections V.M. and V.N. of the Approval. The location of the PSPB and
PCB Tank Farm are shown in Figure 2, Map of PCB Units Proposed for Approval.
US Ecology will construct a sealed concrete PCB Tank Truck Loading Pad where tanker
trucks hook up to the bulk storage tanks in the PCB l ank Farm to remove PCB liquids.
The location of the PCB Tank Truck Loading Pad will be near the PCB Tank Farm.
b. PCB Treatment for Disposal
US Ecology is permitted by the State of Nevada to treat hazardous waste in live
Stabilization Tanks or "Treatment Pans'" and the Evaporation tank. Treatment Pans 1, 2
and 3, which are located outside, will be used in the future exclusively for treatment of
hazardous waste (no PCBs). However, due to past, operations involving PCBs, Treatment
Pans 1, 2 and 3 are included in the Facility Closure Plan under the Approval. PCBs may,
under special circumstances, be processed for disposal in Treatment Pans 4 and 5 which
are included in the Approval. The Treatment Pans are installed below ground and are
double lined steel tanks with a concrete shell that has a leak detection system. Treatment
Pans 4 and 5 are located in the Container Management Building (CMU #16) which has a
baghouse to control dust emissions. The Treatment Pans are primarily used to treat
(stabilize) wastes to meet the U.S. EPA Land Disposal Requirements at 40 C.F.R. Part
268. They are also used to solidify liquids. The solidification process reduces the liquid
content and increases the solid content so that a non-flowing consistency is achieved to
eliminate the presence of free liquids prior to final disposal in the operational landfill
units. Stabilization is a treatment process whereby wastes are mixed with reagents that
bind the metals or other compounds such that mobility is reduced and they are no longer
leaehable. Excavators mix wastes with different reagents (e.g., dry inert absorbents) that
come from a separate system and are also used to unload the Treatment Pans.
The Evaporation Tank is located outside, is installed below ground, and is constructed of
concrete with a high density polyethylene liner and leak detection system. The
Evaporation Tank is used to collect and evaporate (treat) rinsate water from the truck
wash decontamination pad. Vehicle decontamination takes place at the truck washing
facility which consists of a drain pad and evaporation tank. The trucks are placed on the
drain pad where high pressure steam or water is used to clean contaminated areas. The
truck wash rinsate is then directed into the Evaporation Tank. The rinsate is either held
in the Evaporation Tank until evaporation of the water is complete or may be sent off-site
for disposal. The remaining solids are then collected and disposed of in the Trench 11 or
Trench 12 landfills. The location of the two indoor Treatment Pans and Evaporation
Tank are shown on Figure 2, Map of PCB Units Proposed for Approval.
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c. PCB Disposal
Trench 1 ] and Trench 12 are currently the only active landfills at the US Ecology
Facility. Trench 11 is currently permitted to receive non-liquid RCRA hazardous waste,
non-RCRA waste and PCBs, Trench 11 began operation in 1990 and is now nearly at
full capacity. It will undergo the closure process once maximum disposal volume is
reached. Trench 12 is being constructed in three separate phases. The first phase has
been constructed and began disposal operations in 2008 having been previously permitted
by the Stale of Nevada to receive non-liquid RCRA hazardous waste and non-RCRA
waste. The second phase has been constructed and began RCRA hazardous waste and
non-RCRA disposal operations in 2011. Trench 11 and Trench 12 both have bottom and
sidewall liner systems that incorporate primary and secondary liners as well as leachate
collection and recovery systems. The base footprint of Trench 11 is approximately 12.3
acres. The base footprint of Trench 12 is approximately 11 acres (all three phases). The
locations of Trench 11 and Trench 12 are shown on Figure 2, Map of PCB Units
Proposed for Approval.
7. Required Regulatory Determinations for Storage of PCBs (40 C.F.R. § 761.65(d)(2))
U.S. EPA has evaluated the Renewal Application including the supporting documents and
determined that the requirements contained in 40 C.F.R. § 761.65(d)(2) have been satisfied
for US Ecology to store PCBs at the Facility. U.S. EPA's findings for each requirement are
discussed below:
a. Personnel Requirements
In accordance with 40 C.F.R. § 761.65(d)(2)(i), US Ecology, its principals, and its key
employees responsible for the establishment and operation of the commercial storage
facility arc qualified to engage in the business of commercial storage of PCB waste. This
finding is based on U.S. EPA's evaluation of the experience of the personnel that manage
the Facility, as stated in the resumes contained in Attachment 1 of the Facility Operations
Plan, dated February 2011 (Revision 3). This finding is also based on the Facility's
compliance with the worker training program as described in Section 8.0, Personnel
Training Program, of the Facility Operations Plan, dated February 2011 (Revision 3) and
with the Personnel Training Program, US Ecology Nevada, October 2009 contained in
Attachment 12 of the Facility Operations Plan, dated February 2011 (Revision 3). The
Facility Operations Plan is contained in Appendix A of the Renewal Application.
b. Facility Capacity Requirements
In accordance with 40 C.F.R. § 761.65(d)(2)(H), the Facility possesses the capacity to
handle the quantity of PCB waste which US Ecology has estimated will be the maximum
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quantity of PCB waste that will be stored at any one time at the Facility. This finding is
based on the secondary containment calculations contained in Attachment 7 of the
Renewal Application.
c. Certification of Compliance with Storage Facility Standards
In accordance with 40 C.F.R. § 761.65(d)(2)( iii), US Ecology has certified compliance
with the storage facility standards in 40 C.F.R. § 761.65(b) and (c)(7). The signed
certification is contained in Section 9.0, Commercial Storage Facilities, of the Renewal
Application.
d. Closure Plan Development
In accordance with 40 C.F.R. § 761.65(d)(2)(iv), U.S. EPA finds that US Ecology has
developed a written closure plan for the Facility that is deemed acceptable under the
closure plan standards of 40 C.F.R. § 761.65(e). This finding is based on U.S. EPA's
evaluation of the Closure Plan, US Ecology Nevada, September 2010 contained in
Attachment 12 of the Renewal Application.
As required by 40 C.F.R. § 761.65(e), the Closure Plan includes a description of closure
work for the PCB Storage Areas, the maximum extent of storage operations (the locations
where waste will be stored), an estimate of the maximum amount of waste that could be
stored at the Facility, a detailed description of the steps necessary to decontaminate PCB
waste residues, a detailed description of the steps necessary to ensure that any post-
closure releases of PCBs wili not present unreasonable risks to human health or the
environment, and a schedule for closure of each area of the Facility where PCBs were
stored or handled.
c. Demonstration of Financial Responsibility for Closure
The TSCA requirements of 40 C.F.R. § 761.65(d)(2)(v) are not applicable to the US
Ecology Facility. The US Ecology Facility is located on property owned by the State of
Nevada and is thus not required to maintain a closure cost estimate and financial
assurance for closure as discussed in 40 C.F.R. § 761.65(k). 40 C.F.R. § 761.65(k)
indicates that "States and the Federal Government are exempt from the requirements of
paragraphs (f) and (g) of this section." Paragraph (f) is the requirement to have a closure
cost estimate and Paragraph (g) requires financial assurance for closure.
However, US Ecology, as required in their State RCRA Permit, does maintain financial
assurance that covers closure for the entire Facility and post-closure care for the landfill
units. The current financial assurance mechanism is a closure/post-closure fund held by
the State of Nevada. US Ecology makes quarterly payments into the fund to assure that
the amount held exceeds the estimated costs for closure and post-closure care. Under the
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proposed Approval, and as further discussed in Appendix A of this SB. U.S. EPA is
requiring US Ecology to extend this financial assurance to closure and post-closure for
TSCA purposes as well. A discussion of the closure cost estimate and financial
assurance is contained in Section 13, Closure Plan and Financial Assurance, of the
Renewal Application and in Attachment 12 of the Renewal Application.
f. Operations Will Not Pose an Unreasonable Risk
In accordance with 40 C.F.R. § 761.65(d)(2)(vi), the operation of the storage units at the
Facility will not pose an unreasonable risk of injury to health or the environment. This
finding is based on U.S. EPA's evaluation of the Renewal Application, dated January 8,
2010, the PCB Processing Facility Spill Prevention Control and Countermeasures Plan,
dated April 2010, a Biological Evaluation, dated February 28, 2012. a Screening Level
Ecological Risk Assessment, dated February 28, 2012, and a PCB Surface Soil Sampling
Report, dated September 12, 2011. The Biological Evaluation. Screening Level
Ecological Risk Assessment, and the PCB Surface Soil Sampling Report are included in
the Administrative Record which is available for public review as discussed in Section 3
of this SB.
There are no human health concerns because of the remote desert location of the Facility.
PCBs have limited volatility and there is no other reasonably identifiable pathway of
exposure to the closest residents, which are about 11 miles away in Beatty, Nevada.
Workers at the Facility are protected through the on-site health and safety program. The
RCRA Contingency Plan and PCB Processing Facility Spill Prevention Control and
Countenneasures Plan contain the procedures and protocols to address any accidental
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The Screening Level Ecological Risk Assessment, using PCB congener soil sampling
results from the southeastern perimeter of the Facility, concluded that there are no
significant risks of harm to the environment and wildlife known or expected to occur near
the US Ecology Facility. In addition, U.S. EPA has made a determination under the
Endangered Species Act that management of PCB wastes at the Facility, as allowed in
the Approval, "'will not affect" any listed species or designated critical habitat, including
the desert tortoise, the only federally listed endangered species or candidate species likely
to occur near the US Ecology Facility. U.S. EPA's determination can be found in
Appendix B.
g. Compliance History
In accordance with 40 C.F.R. § 761.65(d)(2 )(vii), the history of environmental civil
violations of US Ecology, its principals, and its key employees does not constitute a
sufficient basis for denial of approval in that it does not demonstrate an unwillingness or
inability to achieve and maintain compliance with the regulations. This finding is based
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on U.S. EPA's evaluation of the information contained in Attachment 16 of the Renewal
Application, which discusses the compliance history at the Facility, and the results of the
most recent TSCA inspection. The most recent inspection, which was conducted from
April 26, 2011 to April 28, 2011, showed that there were only minor TSCA violations
regarding labeling that were corrected during the site visit. Other than that, all available
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TSCA PCB regulations at 40 C.F.R. Section 761.
8. 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 Renewal Application 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 11 and
Trench 12 chemical waste landfills 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 Renewal Application and supporting
documents:
• Specify the location of the Trench 11 and Trench 12 chemical waste landfills
(Attachment 4 of Renewal Application);
• Include a detailed description of the landfills (Section 4, Chemical Waste Landfill
Requirement Compliance, of Renewal Application);
• Describe how the landfills comply with the technical requirements specified in 40
C.F.R. § 761.75(b) (Section 4, Chemical Waste Landfill Requirement Compliance, of
the Renewal Application);
• Describe sampling and monitoring equipment (Section 4.5, Groundwater Monitoring
and Section 4.6.2, Monitoring of Leachate Collection and Detection System of the
Renewal Application);
• Specify the expected waste volumes of PCBs (Section 6, Expected Waste Volumes of
PCBs, of the Renewal Application);
• Provide a general description of waste materials other than PCBs that are expected to
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of the Renewal Application);
• Include a Facility Operations Plan (Appendix A of the Renewal Application); and
• List local, State or Federal permits or Approvals (Attachment 11 of the Renewal
Application).
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b. Technical Requirements for Chemical Waste Landfills (40 C.F.R. § 761.75(h))
As required in 40 C.F.R. § 761.75(c)(3)(i), the Renewal Application 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 I.and/Ills (see Appendix C
of this SB).
9. 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 Approval for the US Ecology Facility includes use of these provisions to
include requirements that are nut 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 thai the Trench 1 i and Trench 12
landfills be included in the Facility Closure Plan using the omnibus regulation at 40 C.F.R. §
761.75(c)(3
U.S. EPA's justification for using the omnibus provisions of 40 C.F.R. § 761.65(d)(4)(iv)
and 40 C.F.R. § 761.75(c)(3)(ii) in the US Ecology Approval are provided in Appendix A.
10. 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 proposing and issuing a TSCA Approval (permit) to manage
PCB wastes. 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 Renewal Application
and its supporting documents and determined that the proposal and issuance of the TSCA
Approval for the US Ecology Facility is in compliance with these other requirements as
discussed below:
a. Section 106 of the National Historic Preservation Act
Section 106 of the NHPA requires Federal agencies to take into account the effects of
their 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
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for the renewal and modification of the TSCA Approval (permit) for US Ecology to
manage PCB wastes at the Facility. The requirements apply because issuance of the
Approval is an "undertaking" pursuant to the NHPA.
U.S. EPA sent a letter, dated August 24. 2009 to the Nevada State Historic Preservation
Office ("SHPO") summarizing the information including a map of the A.PE and requested
input on the archeological sensitivity of the proposed project. U.S. EPA's letter can be
found in Appendix D of this SB. Ln a letter dated September 17, 2009, the SHPO
responded to U.S. EPA's letter and stated that "the SHPO would concur with an U.S.
Environmental Protection Agency determination that historic properties will not be
affected by the proposed undertaking." The SHPO letter can be found in Appendix D of
this SB.
U.S. EPA also contacted Ms. Tansey Smith, Tribal-State Environmental Liaison for the
Inter-Tribal Council of Nevada, to determine if any tribes may have an interest in the
Proposed Approval for US Ecology. Ms. Smith suggested U.S. EPA contact the
fnllAUMnfir tUfflna tfikpc' TiMiUirlio CUacViamo TrtKo T oc \/flrroc Daiiito TnUp
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The three tribes did not respond to the letter within 30 days or the voice mail messages.
U.S. EPA is thus assuming that the Timbisha Shoshone Tribe, Las Vegas Paiute Tribe
and the Moapa Band of Paiute Tribe have no interest in the proposed US Ecology
Approval. Emails from Tansey Smith to U.S. EPA, U.S. EPA emails to the three tribes,
and U.S. EPA's May 3, 2012 letters to each tribe can be found in Appendix D of this SB.
U.S. EPA has determined that historic properties will not be affected by the renewal and
modification of the US Ecology TSCA Approval. In making this determination, U.S.
EPA evaluated the existing site conditions and nature of the renewal action, and
established an "Area of Potential Effects" ("APE") for the undertaking. U.S. EPA also
considered that the closest populated area is about 11 miles away from the Facility, that
the three closest tribes had no interest in the proposed US Ecology Approval, that all
activity takes place on-site, and that portions of Trench 12 landfill were already
constructed and receiving hazardous wastes for disposal in accordance with its State
RCRA Permit.
U.S. EPA is requesting public comment on its determination that historic properties will
not be affected by the renewal and 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.
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 i ssued 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 renewal
and modification of the TSCA Approval for the US Ecology Nevada Facility. This
conclusion 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.
13
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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 E for more details on how the EJ determination w as 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 E of this SB contains
U.S. EPA's "Environmental Justice Considerations for Renewal and Modification of
PCB Approval for US Ecology Facility, Beany, 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.
U.S. EPA considers issuance of the Approval as an "action'1 subject to the ESA. To
assist the agency in fulfilling its obligations under Section 7 of the ESA, U.S. EPA
required US Ecology to conduct a survey identifying any listed species (e.g., desert
tortoise) and designated critical habitat that may be present at or near the Facility,
conduct off-site soil sampling for PCB congeners, develop an ecological risk assessment,
and develop a biological evaluation.
U.S. EPA has evaluated all of the available information, including the biological
evaluation, and determined that the renewal and modification of the TSCA Approval for
US Ecology "will not affect" any listed species or designated critical habitat. This "will
not affect" determination is based upon the findings of a Screening Level Ecological Risk
Assessment, using congener soil sampling results, and a Biological Evaluation that
concluded that there are no significant risks or harm to the environment and wildlife
known to occur near the US Ecology Facility. The desert tortoise is the only Federally
listed endangered species or candidate species likely to occur within the v icinity of the
Facility. Accordingly, formal consultation with the USFWS is not required. U.S. EPA's
determination can be found in Appendix B.
14
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.. ,_ , .. . 7.5'topographic map (Carrara Canyon Quadrangle)
Figure 1. Site Location Map, US Ecology Nevada
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Facility Boundary
Figure 2. Map of PCB Units Proposed for Approval, US Ecology Nevada
* Approximate Location of Future PCB Tank Truck Loading Pad
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Appendix A
Justification for Use of Omnibus Provisions
-------
U.S. EPA Justification for Use of Omnibus Provisions in Proposed TSCA
Approval for US Ecology Nevada, Inc. to Manage PCB Wastes
July 20, 2012
The Toxic Substances Control Act ("TSCA") omnibus provisions are located at 40 C.F.R. §
761.65(d)(4)(iv) and § 761.75(c)(3 )(ii). The omnibus provisions allow U.S. EPA to include
requirements in a TSCA Approval beyond those explicitly set forth in the regulations when the
Agency finds that an Approval Condition is necessary to ensure that PCB storage and disposal
operations at a facility "w ill not pose an unreasonable risk of injury to health or the
environment.''' U.S. EPA is including in the proposed US Ecology Approval certain conditions
not supported by an existing TSCA regulation. For these conditions, U.S. EPA has made a
determination that the standards for use of the omnibus provisions are satisfied as follows:
Approval Section
Condition
Justification
IV. Genera) Approval Conditions
1V.B.8 and IV.B.9
(General Requirements)
The Approval requires that the closure plan for all
PCB units identify the steps necessary to close each
unit in a manner that eliminates the potential for post-
closure release of PCBs that may present an
unreasonable risk to human health and the
environment. The Approval also requires that the
post-closure care plan identify the steps necessary to
eliminate the potential for releases of PCBs that may
present an unreasonable risk to human health and the
environment. Continued maintenance of the landfill
covers, leachate collection system and groundwater
monitoring network is essential for ensuring that the
landfills do not release PCBs. which will remain on-
site indefinitely, into the environment.
IV.C.l and IV.C.2
(Waste Characterization)
The Approval requires waste characterization for all
incoming PCB waste and prohibits US Ecology from
accepting radioactive PCB waste. Waste character-
ization is important because it ensures that the correct
wastes are being accepted by the Facility and that they
will be treated and/or disposed of in the proper
manner. Prohibiting acceptance of radioactive PCB
waste is important because the Facility is not equipped
to handle this type of material.
IV.D.l and IV.D.2
(Personnel Training)
The Approval requires employee training, including
an 8-hour Occupational Health and Safety
Administration ("OSHA") annual refresher class.
Training is important because facility workers must be
adequately prepared to safely handle PCB waste or
respond to emergencies such as accidental spills.
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Approval Section
Condition
Justification
[V.E.I and 1V.F.2
(Health and Safety
Requirements)
The Approval requires that US Ecology follow its
Health and Safely Plan, conduct operations in
compliance with safety and health standards, and
conduct work in accordance with applicable OSHA
regulations. Ensuring the health and safety of workers
by following the applicable regulations and plans is
important especially given the potential harm from
persistent exposure to PCBs.
IV.F.2 through IV. F.I7
(Emergency Preparedness
and Spill Cleanup)
The Approval requires that US Ecology implement
emergency preparedness plans, provide notification to
U.S. EPA of PCB spills, and provide written reports of
PCB spill incidents. The State RCRA Permit has
detailed reporting and notification procedures for
hazardous waste spill incidents. The Approval
establishes U.S. EPA as a separate regulatory entity
with its own jurisdiction over PCBs for requiring
development and implementation of the emergency
plans and for reporting PCB spills. This independent
jurisdiction allows U.S. EPA to ensure that US
Ecology complies with the Approval conditions and
promptly responds to PCB spills and emergencies in a
safe manner.
IV.G. 1 through IV G.3
(Hntry and Agency
Inspection)
The Approval requires that US Fxology provide
copies of records upon request and allow U.S. EPA
representatives access to the Facility in order to
determine compliance with applicable statutes,
regulations sine! Approval conditions. It is important
for U.S. EPA representatives to have access to the
Facility and applicable records in order to ensure that
operations are conducted in compliance with the
Approval and in a manner that does not create an
unreasonable risk of injury to human health and the
environment.
1 V.H.I through iV.H.4
(General Inspection
Requirements)
The Approval requires that Facility representatives
conduct on-site inspections of the PCB storage units
and chemical waste landfills. The inspections are
important for ensuring that equipment used for
communications, fire protection, spill control,
decontamination, and groundwater monitoring are in
proper working order. They are also critical for
identifying potential problems such as leaks that need
to be corrected as soon as possible such thai they do
not create hazardous situations.
2
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Approval Section
Condition
Justification
IV. 1.1
(Security)
The Approval requires operation and maintenance of
security systems for the PCB storage units and
chemical waste landfills. Security systems need to be
maintained in order to prevent unauthorized access b)
the public to potentially dangerous areas of the
Facility.
I V.J. i through ! V.J.5
(Closure Cost Estimate)
The Approval requires that US Ecology maintain a
closure cost estimate for the PCB storage units, PCB
treatment for disposal units and for the chemical waste
landfills. A closure cost estimate requirement in the
Approval is important because it is a key step toward
ensuring that there is adequate funding available to
close the PCB units under U.S. EPA oversight. Proper
closure is critical to ensuring that the units are taken
out of service in a manner that prevents possible future
releases of PCBs into the environment. Due to the
high toxicity and persistence of PCBs, it is important
to prevent any releases that could impact ecological
and human receptors. US Ecology, as required in its
State RCRA Permit, currently maintains a closure cost
estimate for the entire f acility.
1 V.K.I through 1V.K.5
(Post Closure Cost
Estimate)
The Approval requires that US Ecology maintain a
closure cost estimate for post-closure care of the
chemical waste landfills. The post-closure care cost
estimate for the landfills is a first step toward ensuring
that there is adequate funding available for post-
closure care of these units. It is important that there be
funding available in order to ensure that the landfill
covers. Icachate collection systems and groundwater
monitoring network remain operable after the units are
closed. Since PCBs will remain in the closed landfills
indefinitely, it is essential to monitor conditions to
ensure that no releases of these compounds are
occurring. US Ecology, as required in its State RCRA
Permit, currently maintains a post-closure care cost
estimate for the Trench 11 and Trench 12 landfills.
3
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Approval Section
Condition
Justification
IV.L.2 and IV.L.3
(Financial Assurance for
Closure and Post-
Closure)
The Approval requires that US Ecology maintain
financial assurance for the closure of all PCB units
and for post-closure care of the Trench I 1 and Trench
12 landfills. It is important that funding be maintained
for closure and post-closure care in order to ensure
that all units that manage PCBs at the US Ecology
Facility will be closed and maintained in a manner that
that prevents possible future releases of these
compounds into the environment. .Due to the high
toxicity and persistence of PCBs, it is important to
prevent any releases that could impact, ecological and
human receptors. US Ecology, as required in its State
RCRA Permit, currently maintains financial assurance
for the entire Facility.
IV.M.I and IV.M.2
(Liability Insurance)
The Approval requires maintenance of the existing
liability insurance. Liability insurance is important to
ensure proper funding is available for responding to
any major accidents involving PCBs or other
hazardous waste at the Facility. US Ecology, as
required in its State RCRA Permit, currently maintains
liability insurance for the entire Facility.
IV.N.2,1 V.N.3.1V.N.5.C,
IV.N.S.d and IV.N.S.f
(Recordkeeping and
Reporting)
The Approval requires implementation of the
Recordkeeping and Reporting Plan and some
additional information to supplement with what is
required in the regulations. Recordkeeping and
reporting are important because thev allow U.S. EPA
to monitor activities at the Facility and check
compliance with the Approval. This U.S. EPA
oversight ensures that operations are carried out in a
manner consistent with the TSCA requirements.
V. Conditions for Storage,
Draining and Flushing of
PCBs
V.B.2
(Operational and
Regulatory Requirements
for Storage)
The Approval requires that that US Ecology
implement the Facility Operations Plan,
implementation of the Facility Operations Plan is
important because it specifies the procedures and
protocols for operating the Facility in a manner that
does not create an unreasonable risk of injury to
human health and the environment.
4
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Approval Section
Condition
Justification
V.D.2.a and V.D.2.b
(Design Requirements for
Storage Areas)
The Approval requires that all tanks that hold PCB
liquids be elevated and that secondary containment
calculations for outdoor tank areas account for
precipitation when determining compliance with the
regulations. Elevation of the tanks is important so that
that any leaks can be easily detected and cleancd-up.
Having adequate secondary containment is important
to prevent liquids from a leaking tank from
overflowing a contained area due to precipitation or
other reasons and reaching the environment.
V.E.2 through V.E.5
(PCB Storage in
Containers)
The Approval requires that US Ecology (1) operate
and maintain a database system in order to track waste
materials throughout the Facility. (2) stack drums no
more than two high, (3) maintain a minimum 3 loot
aisle space between stored units, and (4) store all
containers on pallets. U.S. EPA uses the tracking
information to determine compliance with the
Approval. The stacking limitation is needed to ensure
that drums are not stacked to heights that would be
dangerous if drums fell. The 3 foot aisle space is
needed to allow for inspection of the containers for
possible leaks and to allow access to emergency
response personnel. Storing the containers on pallets
allows for ease of inspection for detecting possible
leaks down low.
V.F.2 through V.F.4,
V.F.6 and V.F.7
(Draining and Flushing of
PCBs)
The Approval requires that (I) all flushing and
draining of PCB equipment be done in accordance
with the procedures contained in the Facility-
Operations Plan, (2) all flushing and draining
operations be conducted within sealed containment
areas, (3) US Ecology cleanup and address any
accidental spills of PCBs. (4) US Ecology develop and
use a written tracking log for flushing and draining
operations, and (5) all loading of PCB waste liquids
into tanker trucks be done on the PCB Tank '['ruck
Loading Pad (once it is constructed).
In order lo prevent PCB releases into the environment,
it is important that all flushing and draining operations
be conducted within sealed containment areas, that all
loading of PCB liquids into tanker trucks be done on
the PCB Tank Truck Loading Pad. and that any
accidental spills are identified and cleaned-up. A
tracking log of PCB draining and flushing operations
5
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Approval Section
Condition
Justification
V.F.2 through V.F.4.
V.F.6 and V.F.7
Continued
(Draining and Flushing of
" PCBs)
is critical for ensuring that waste liquids are disposed
of within 1 year of the drained items out of service
date as required in the TSCA regulations. The high
volume of PCB wastes accepted and processed at US
Ecology makes these conditions especially important.
V.G.2 through V.G.5
(PCB Storage in Tanks)
The Approval requires that US Ecology not place
liquids into the PCB storage tanks that (1) could
damage the tanks and cause them to fail, (2) are
incompatible with PCBs and/or (3) could cause an
overflow of the tanks and/or containment system.
The Approval also requires that the activated carbon
filters that receive venting gases from the PCB storage
tanks be replaced at least once every three months.
These measures are necessary in order to prevent
releases of PCBs into the environment.
V.H.I and V.H.2
(PCB Storage Container
Requirements)
The Approval requires that any container used for the
storage of PCBs meet the Department of Trans-
portation requirements described in 40 C.F.R. Parts
171 through 180 and that anv PCB storage tank be
O J O
designed, constructed and operated in accordance with
the OSHA Standards at 29 C.F. R. § 1910.106. These
measures are necessary in order to prevent releases of
PCBs into the environment.
V.J.l through V.J.3
(Sampling of PCB
Storage and Processing
Building)
The Approval requires periodic sampling in and
around the PCB Storage and Processing Building.
PCB Tank Farm, and PCB Tank Truck Loading Pad
(once it has been constructed). This requirement is
important because it ensures that accidental releases of
PCBs are detected and adequately cleaned up in a
timely manner.
V.K.I through V.K.3
(Inspection Requirements
for PCB Storage Units)
The Approval requires that US Ecology inspect and
maintain the PCB storage units. This includes
documenting and correcting any deficiencies that are
found during the inspection process. The inspection
requirements are important to ensure that operations
are conducted in a manner consistent with the
Approval conditions and in a way that will help to
minimize the potential lor accidental releases of PCBs.
6
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Approval Section
Condition
Justification
V.L.2 through V.L.6
(Closure of Storage
Units)
The Approval requires that the storage units he closed
in accordance with the Facility Closure Plan and that
the Facility Closure Plan he updated to reflect current,
operations prior to implementation. It is important
that US Leo logy maintain the Closure Plan and that it
is consistent with current Facility operations in order
to ensure that the storage units are closed in an
appropriate and safe manner that will limit the
possibility of future PCB releases. The Approval also
requires that the State of Nevada, as the Owner of the
Facility, perform these closure activities to the extent
that US Ecology is unable or unwilling to do so. Since
US Ecology and the Slate of Nevada are the only
entities that can access the closure, post-closure
financial assurance fund maintained by the State of
Nevada, it is important to include the State of Nevada
as a co-permittee along with US Ecology for these
important functions.
V.M.I through V.M.3
(New Secondary
Containment System for
PCB T ank Farm)
The Approval requires that US Ecology construct a
new sealed concrete containment structure for the tank
farm and a sealed concrete tank truck loading pad.
The new structures are important because they will
better limit, and contain any accidental spills of PCB
liquids. The existing containment area for the PCB
tank farm consists of sand with an underlying plastic
liner system. The sand makes it difficult to effectively
identify and cleanup PCB spills. Currently, because
there is no contained area for tanker trucks to load
PCB liquids, any accidental spills go directly onto the
ground. As evidence of this problem, U.S. EPA
recently resolved an enforcement case against US
Ecology for PCB releases in the tank farm area and in
the location where tanker trucks are parked to receive
liquids from the tank farm. These conditions will help
ensure that any future PCB releases in these areas will
be identified, contained, and prevented from reaching
the ground by the concrete pad and cleaned-up in a
timely manner such that they will not impact the
environment.
V.N.I through V.N.3
(Construction Schedule
for New Secondary
Containment System for
PCB Tank Farm and PCB
Tank I ruck Loading Pad)
These provisions require that the necessary upgrades
identified in Conditions V.M. i through V.M.3 occur
as quickly as possible thereby ensuring protectiveness
in a timely fashion.
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Approval Section
Condition
Justification
VI. Conditions for Treating PCBs
Rntire Section VI
The Approval contains conditions for treating PCB
containing wastes prior to disposal in a landfill. The
conditions include a listing of those wastes authorized
for PCB treatment, units where treatment can occur,
operational requirements for treatment, inspection
requirements, and closure provisions. These
requirements are important to ensure that treatment
operations are conducted in a safe manner and that the
treatment units are closed properly to minimize the
chance of future PCB releases into the environment.
While there are no TSCA requirements to regulate
such treatment activities in 40 C.F.R. § 761.65 and §
761.75, RCRA regulations require treatment for some
types of PCB containing wastes prior to disposal in a
landfill. These wastes are hazardous by toxicity
characteristic for metals under RCRA and are also
TSCA regulated for PCBs. US Ecology conducts such
treatment of PCB for disposal operations at its
stabilization units (treatment pans) consistent with the
RCRA requirements. These provisions align RCRA
treatment provisions with TSCA requirements. The
Approval also requires that the State of Nevada, as the
Owner of the Facility, perform closure activities to the
extent that US Ecology is unable or unwilling to do so.
Since US Ecology and the Stale of Nevada are the
only entities that can access the closure, post-closure
financial assurance fund maintained by the State of
Nevada, it is important to include the State of Nevada
as a co-permittee along with US Ecology for these
important functions.
8
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Approval Section
Condition
Justification
VII. Conditions for Landfill
Disposal of PCBs
VII.B.2 through VII.B.5
(Approved Landfill Units
and Maximum Disposal
Capacities)
The Approval (1) specifies the maximum allowable
disposal capacity for the Trench 1 1 and Trench 12
landfills, (2) requires that US Ecology submit an
annual report to U.S. EPA that specifics the amount of
remaining disposal capacity for each landfill, and (3)
requires that US Ecology construct the second and
third phases of the Trench 12 landfill in accordance
with the existing plans and specifications that have
already been reviewed by U.S. EPA and formally
approved in the State RCRA Permit.
It is important that the Approval limit maximum
disposal capacity such that excessive and unsafe
amounts of PCB wastes are not disposed of in the
landfills. This ensures that the potential for PCB
releases to the environment are minimized by not
overfilling the Trench 11 and Trench 12 landfills. In
order to properly oversee PCB operations at the US
Ecology Facility, U.S. EPA must be informed about
the remaining disposal capacity in each of the
operating landfills, and therefore the Approval
contains the Conditions for annual capacity status
reports. To ensure that Trench 12 is constructed in a
properly engineered manner to optimally contain
PCBs within the landfill into the future, it is important
that US Ecology complete construction in accordance
with the approved plans and specifications.
VII.D.2 and VII.D.5
(Disposal Prohibitions)
The Approval prohibits the disposal of liquids in the
Trench ! 1 and Trench 12 landfills and requires that
the disposal of mixed RCRA and TSCA waste must
meet the regulatory requirements of both programs.
Disposal of liquids in a landfill creates the potential
for excessive generation of leachate which in turn
causes elevated hydraulic pressure on the protective
liner system. The elevated hydraulic pressure could
then cause leaks in the liner system to develop thus
releasing PCBs into the environment. US Ecology
must also comply with the regulations for disposal of
mixed RCRA and TSCA wastes, further ensuring that
all regulatory requirements are being met.
9
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Approval Section
Condition
Justification
V11.E.2,VI1.E.7, VILE.8,
VII.I-.9 and VII.E.l !
{Landfill Operations and
Management of Wastes)
The Approval requires that US Ecology (!) implement
the Facility Operations Plan procedures and protocols
for operating the landfills, (2) maintain roads to and
within the landfills that are adequate to support landfill
operations, (3) cover and manage the landfill to
control wind dispersal of particulate matter, and (4)
dispose of other non-liquid. non-PCB wastes in
Trench 11 and/or Trench 12 in accordance with its
State RCRA Permit and the RCRA regulations. The
Approval also allows US Ecology, if certain criteria
are satisfied, to use leachate from Trench 1 1 and
Trench 12 for dust suppression within the active
portions of the landfills.
It is important for safe operation of the Trench i 1 and
Trench 12 landfills that US Ecology follow the
approved procedures contained in the Facility
Operations Plan, control dispersal of particulate matter
using daily cover and dust suppression, and maintain
the roads into and within the landfills. These
Approval requirements will help ensure that PCB
releases will not occur during the intra-Facilitv
processing, movement and ultimate disposal of PCB
wastes. Given that some of these wastes have not yet
been placed in the landfill, these activities represent a
higher level of concern for potential releases of PCBs.
The Approval allows, if certain criteria are satisfied.
US Ecology to use leachate for dust suppression
within the landfills. TSCA at 40 C.F.R. § 761.30
(u)(3) allows liquids with concentrations of PCBs of
0.5 ug/I. or less to be used without restriction. The
criteria include provisions for (1) testing the leachate.
(2) reporting the testing results, and (3) restricting dust
suppression activities to the active portions of the
landfills after the test results confirm that PCB
concentrations are 0.5 ug/L or less. Testing is
important because it ensures that the leachate contains
PCBs at or below a concentration of 0.5 ug/L, which is
protective of site workers since it corresponds to the
Maximum Contaminant. Level ("MCL") for PCBs in
drinking water. Requiring that leachate can only be
applied on active portions of the landfills ensures thai
it is used on areas that are already impacted by waste
materials and w ill not contaminate other locations.
Reporting the test results is essential for proper U.S.
EPA oversight, of PCB operations at the facility.
10
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Approval Section
Condition
Justification
VU.F.4 through VII.F.8
(Groundwater
Monitoring)
The Approval requires that US Ecology (1) report to
U.S. EPA any detections in groundwater of PCBs
and/or volatile organic compounds (VOCs) above
drinking water standards, (2) address any reported
detections by implementing the compliance
monitoring and corrective action procedures of the
State RCRA Permit, (3) maintain the groundwater
monitoring wells in accordance with the State RCRA
Permit, (4) install or decommission groundwater
monitoring wells following the procedures in the State
RCRA Permit, and (5) submit two groundwater
monitoring reports per year to U.S. HP A. It is
important for US Ecology to address any detections of
PCBs and/or VOCs above drinking water
concentrations in the groundwater by implementing
the compliance monitoring and corrective action
procedures of the State RCRA permit. VOCs are
included in this provision because the groundwater
provisions of the TSCA regulations require that VOCs
be monitored in addition to PCBs. Maintenance of the
groundwater monitoring wells is important to ensure
that they are in good working order and able to detect
any PCB and/or VOC releases from the Facility.
Installation or decommissioning of wells must follow
the proper procedures in order to ensure that new-
wells are capable of obtaining representative
groundwater samples and decommissioned wells are
removed without causing any contamination of the
groundwater. "Notification of PCB and/or VOC
detections in groundwater and submission of two
groundwater monitoring reports per year is essential
for proper U.S. CPA oversight of PCB operations at
the Facility regarding releases to groundwater.
11
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Approval Section
Condition
Justification
VIl.G.2.a through
Vll.G.2.i, and VII.G.3.C
through V!I.G.3.e
(Leachate Management,
Monitoring. Sampling
and Disposal)
The Approval requires that US Ecology (1) operate the
leachate collection and detection systems in
accordance with the respective Response Action Plans
(RAPs) for the Trench 1 I and Trench 12 landfills, (2)
operate the landfill leachate collection and detection
systems without fluid levels on any liner exceeding
one foot, (3) monitor the leachate fluid levels on all
liners. (4) pump all pumpable liquids from the
leachate collection and detection sumps in accordance
the respective RAP, (5) maintain records of the
leachate levels and volumes pumped and include this
information in reports to U.S. EPA. (6) notify U.S.
EPA in writing if levels of leachate exceed the Action
Leakage Rate (ALK) or are greater than one foot, (7)
follow applicable procedures in the Environmental
Monitoring Plan for sampling leachate, and (8) include
leachate sampling data results in the Environmental
Monitoring Reports that are submitted to U. S. E1PA
twice per year.
Release of PCBs through leachate represents one of
the pathways of highest risk in regard to contam-
ination of groundwater resources. Implementation of
the Response Action Plans for the Trench ! 1 and
Trench 12 landfills is important because they specify
the procedures and protocols for operating the leachate
collection and detection systems in a manner that best
ensures no releases of PCBs to groundwater. Moni-
toring the leachate fluid levels, meeting the Al.R and
limiting the leachate fluid levels to a maximum of 1
foot is important to ensure that excessive hydraulic
pressure does not build up on the protective landfill
liner systems which could cause them to fail.
Maintaining records of the leachate levels and
volumes pumped and requiring written agency
notification if excessive levels of leachate build up is
important for safe operation of the landfills and for
proper U.S. EPA oversight.
12
-------
Approval Section
Condition
Justification
VH.H.i through VII.H.5
(Inspection Requirements
for Landfill Units)
The Approval requires that US Ecology (1) inspect the
Trench 11 and Trench 12 landfills in accordance with
the Facility Operations Plan and Facility Inspection
Plan. (2) inspect the landfills within 24 hours of a
storm event of 0.25 inches or greater. (3) evaluate and
address all deficiencies identified during the required
inspections, and (4) document the findings and follow-
up responses for all inspections of the landfills.
Routine inspection of the landfills is essential for
identifying potential problems that need to be
addressed. Correcting problems that are identified
during an inspection is important for ensuring that the
landfills are operated in a safe and effective manner
that minimizes the potential for PCB releases into the
environment. The Facility Operations Plan and
Facility Inspection Plan are important because they
specify the procedures and protocols for inspecting the
landfills, correcting problems that are identified and
documenting the findings. Documentation of internal
inspections of the landfills is critical for ensuring that
potential problems are addressed and tor U.S. EPA
oversight.
VII.1.1 through VII.1.7
(Closure of Landfill
units;
The Approval requires that the Trench 11 and French
12 landfills be closed in accordance with the Facility
Closure Plan and that the Facility Closure Plan be
updated to reflect current operations prior to
implementation. It is important that the Facility
Closure Plan be consistent with current Facility
operations and be implemented in order to ensure that
the landfill units are closed in a safe manner that will
limit the possibility of future PCB releases. The
TSC.'A regulations at 40 C.F.R. § 761.75 do not
explicitly include requirements for the closure of
chemical waste landfills. The Approval also requires
that the State of Nevada, as the Owner of the Facility,
perform these closure activities to the extent that US
Ecology is unable or unwilling to do so. Since US
Ecology and the State of Nevada are the only entities
that can access the closure, post-closure financial
assurance fund maintained by the State of Nevada, it is
important Lo include ine Slate of Nevada as a co-
permittee along with US Ecology for these important
functions.
13
-------
Approval Section
Condition
Justification
VII J. I through VII.J. 10
(Post-Closure Care for
Landfill Units)
The Approval requires post-closure care for the
Trench 11 and Trench 12 landfills through
implementation of the Post-Closure Care Plan. Post-
closure care begins after the landfills are capped and
certified closed. Post-closure care is important to
ensure that the closed landfills are adequately
maintained into the future. Continued maintenance of
the landfill covers, leachate collection system and
groundwater monitoring network is essential for
ensuring that the landfills do not release PCBs, which
will remain on-site indefinitely, into the environment.
The Approval also requires that the Stale of Nevada,
as the Owner of the Facility, perform these post-
closure care activities to the extent that US Ecology is
unable or unwilling to do so. Since US Ecology and
the State of Nevada are the only entities that can
access the closure, post-closure financial assurance
fund maintained b v the State of Nevada, it is important
to include the Stale of Nevada as a co-permittee along
with US Ecology for these important functions.
VIII. Procedures to Modify,
Transfer. Revoke. Suspend,
Deny, Continue or Renew
Entire Section VIII
The Approval specifies the administrative procedures
to modify, transfer, revoke, suspend, deny, continue or
renew the Approval. These procedures are important
because they enhance U.S. EPA's ability to oversee
Facility operations and ensure that US Ecology is in
compliance with the Approval. These procedures are
also necessary to allow the modification or adjustment
of the Approval to address issues that may occur
during future operations (e.g.. need for a modification
to include a new unit). To be maximally protective,
the terms and conditions of the Approval should
reflect the most current configuration and operation of
the Facility . Also, the ability to revoke or deny the
Approval is necessary in case the Facility or its
operations is ever determined to pose an unreasonable
risk and operations must be terminated at the site.
Finally, while the TSCA regulations at 40 C.F.R. §
761.65 and § 761.75 do not explicitly include terms
covering how to modify, transfer, revoke, suspend,
deny, or renew the Approval, U.S. EPA interprets its
authority under these provisions to issue an Approval
as also providing authority to undertake these
associated permit processing actions.
14
-------
Appendix B
* LS. EPA Endangered Species Act Determination of "No
Effect" for Renewal and Modification of PCB Approval for
the US Ecology Facility, Beatty, Nevada
-------
.sens
2 £% %
I Vr^ I UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
Npno^ REGION 9
75 Hawthorne Street
San Francisco, CA 94105-3901
April 16. 2012
MEMORANDUM
SUBJECT: EPA Endangered Species Aci t)eterminations for US Ecology Beatty,
Nevada Facility TSCA Approval Renewal Application
FROM. John Beach •/ "
Environmental Scientist
TO: The Record
This memorandum presents EPA Region 9's determinations under Section 7 of the
Endangered Species Act (ESA), 16 U.S.C. Section 1536, with respect to U.S. Ecology's
application for renewal and modification of its Toxic Substances Control Act (TSCA)
Approval for its Beatty, Nevada facility. EPA has completed its analysis in accordance
with Section 7 and the implementing regulations at 50 C.F.R. Part 402, using the best
scientific and commercial data available.
i. Background
EPA is evaluating U.S. Ecology's January 2010 application for renewal and modification
of the TSCA Polychlorinated Biphenyl (PCB) Approval for the subject facility. EPA's
contemplated action addressed by this determination is the issuance of that requested
approval. As described in the January 2010 application, the facility is used to store,
handle and dispose of PCB transformers and other PCB-containing items and to store
and handle PCB liquids.
!!. Review of Best Scientific and Commercial Data Available to Assess Potential
Effects on Listed Species
At EPA's request, U.S. Ecology prepared a Biological Evaluation dated February 28,
2012 to provide EPA with information necessary to assist the agency in satisfying its
obligations under Section 7 of the ESA. Also at EPA's request the facility prepared a
Soil Sampling Report dated September 12, 2011 and, based on the results of the
sampling, completed an Ecological Risk Assessment (dated February 28, 2012) that
evaluated the potential impacts of facility operations on the environment, including
endangered species, i have also visited the facility, inspected the surrounding area,
-------
Memorandum from John Beach to File
Subject: EPA Endangered Species Act Determinations for US Ecology Beatty, Nevada Facility TSCA
Approval Renewal Application
April 16, 2012, Page 2
and observed a portion of the Endangered Species Field Survey performed in August,
2009 and documented in a final report dated September 28, 2009.
The Biological Evaluation included:
o A description of current and proposed future facility conditions and
operations.
° Correspondence with the US Fish and Wildlife Service, including current lists
of species that have been listed as Threatened and Endangered Species
under the ESA and their designated critical habitat,
o A report documenting the results of a field survey of the area surrounding the
facility to identify any listed species that might occur in the area,
o A review of the the Ecological Risk Assessment to identify any potential
impacts to threatened or endangered species,
o A review of available information and literature on potential listed species and
designated critical habitat in the area, including the desert tortoise (a
threatened species).
o An analysis of the potential effects of the proposed action on listed species
and designated critical habitat.
° A list of all references.
i have reviewed the Bioiogicai Evaluation, Soil Sampling Report, Endangered Species
Field Survey, and Ecological Risk Assessment (including all attachments) and have
recommended that EPA accept the final versions of all four documents. I have also
reviewed the 2008 USFWS draft revised recovery plan for the desert tortoise as it
pertains to the proposed action and potential effects on listed species and designated
critical habitat.
III. Conclusions
Based on my review of the Biological Evaluation, Soil Sampling Report, Endangered
Species Field Survey, Ecological Risk Assessment and other available information, \
have concluded that:
o No listed species, including the desert tortoise, or designated critical habitat
are currently present at or near the facility,
o No sign of the desert tortoise has been observed in the area,
o The PCBs that have been detected in soils near the facility are not present at
concentrations that might harm any listed species, should they be present
near the facility.
«> Ongoing facility operations, including those proposed for the TSCA approval,
will not result in any changes to habitat at or near the facility, including PCB
concentrations in off-site soils
-------
Memorandum from John Beach to File
Subject: EPA Endangered Species Act Determinations for US Ecology Beatty, Nevada Facility TSCA
Approval Renewal Application''
April:16,2012;,'.Page'3:: . •
Accordingly. ! have determined that the proposed facility operations under the TSCA
PCB approval will have no effect on listed species or designated critical habitat.
With this determination, EPA has fulfilled its obligation under Section 7 of the ESA and
50 C.F.R. Section 402.14(a) pertinent to the action considered and, accordingly, does
not need to consult with the US Fish and Wildlife Service .
-------
Appendix C
U.S. EPA TSCA Review Checklist for
Chemical Waste Landfills
-------
Review Checklist
US Ecology Nevada - January 8, 2010 Permit Renewal Application
Toxic Substances Control Act Requirements
Chemical Waste Landfills
Prepared by
U.S. Environmental Protection Agency, Region 9
July 20,2012
This Checklist documents how US Ecology Nevada, Inc.'s application to renew and modil'y its
Approval (permit) to dispose of PCBs in a chemical waste landfill meets the requirements of the
Toxic Substances Control Act ("TSCA") regulations at 40 C.F.R. Part 761.75. It is based on
U.S. EPA's review of the renewal application, titled "Toxic Substances Control Act (TSCA)
Permit Renewal Application, US Ecology Nevada, January B, 2010" as revised on September 24.
2010, February 9, 2011, May 17, 2011 and December 15. 2011 (collectively the "Renewal
Application"). This Checklist identifies if the required information is present (completeness),
whether the information is acceptable, and where the information can be found in the Renewal
Application.
Subject
TSCA Regulation
Complete?
Acceptable?
Information
Location
General
761.75 (a)
A chemical waste landfill used for the disposal of
PCBs and PCB Items shall be approved by the
Agency Regional Administrator pursuant to
paragraph (c) of this section. The landfill shall meet
all of the requirements specified in paragraph (b) of
this section, unless a waiver from these
requirements is obtained pursuant to paragraph
(c)(4) of this section. In addition, the landfill shall
meet any other requirements that may be prescribed
pursuant to paragraph (c)(3 ) of this section.
Yes
Yes
Requirements noted
and satisfied - see
below.
Technical
Requirements
761.75(b)
Requirements for chemical waste landfills used for
the disposal of PCBs and PCB Items are as follows:
Sec below
See below
-------
Subject
TSCA Regulation
Complete?
Acceptable?
Information
Location
Soils
761.75(b)(1)
The landfill site shall be located in thick, relatively
impermeable formations such as large-area clay
pans. Where this is not possible, the soil shall have
a high clay and silt content with the following
parameters:
{i) In-place soil thickness. 4 feet or
compacted soil liner thickness, 3
feet;
(ii) Permeability (cm/sec), equal to or
less than 1 x10~7;
(iii) Percent soil passing No. 200
Sieve, >30;
(iv) Liquid Limit. >30; and
(v) Plasticity Index > 15
Not
Applicable
Not
Applicable
See response to
761.75(b)(2) below.
Synthetic
Membrane
Liners
761.75(b)(2)
Synthetic membrane liners shall be used when, in
the judgment of the Regional Administrator, the
hydrologic or geologic conditions at the landfill
require such a iiner in order to provide at least a
permeability equivalent to the soils in paragraph
(b)(l) of this section. Whenever a synthetic liner is
used at a landfill site, special precautions shall be
taken to insure that its integrity is maintained and
that it is chemically compatible with PCBs.
Adequate soil underlining and soil cover shail be
provided to prevent excessive stress on the liner
and to prevent rupture of the liner. The liner must
have a minimum thickness of 30 mils.
Yes
Yes
Location: Permit
Renewal
Application
01/08/10 - Sections
4.0 (a) and (b),
pages 10-13
(pages dated 2/11).
Trench 11-
Fiexible Membrane
Liner/composite
double liner system
with leachate
collection system-
has thickness of
greater than 30 mils
- has permeability
of less than 1 * 10 7
em/sec.
Trench 12 - Bottom
and sidewall liner
system with
primary and
secondary liner and
leachate collection
system - has
thickness of greater
than 30 mils - has
permeability of less
than 1 x 1 o- cm/sec.
2
-------
Subject
TSCA Regulation
Complete?
Acceptable?
Information
Location
Hydrologic
conditions
761.75(b)(3)
The bottom of the landfill shall be above the
historical high groundwater table as provided
below. Floodplains, shore lands, and groundwater
recharge areas shall be avoided. There shaii be no
hydraulic connection between the site and standing
or flowing surface water. The site shall have
monitoring wells and leachate collection. The
bottom of the landfill iiner system or natural in-
place soil barrier shall be at least fifty feet from the
historical high water table.
Yes
Yes
Location: Permit
Renewal
Application
01/08/10 - Section
4.2, page 14,
Section 4.5, page
19, Section 4.6
page 23 (pages
dated 2/11).
Not located in
floodplain.
Not in area
providing recharge
to groundwater.
Bottom of Trench
12 approx. 190 feet
above first, ground-
water.
No hydraulic
connection between
site and surface
water.
No surface water
within several miles
of facility.
i las groundwater
monitoring system
and leachate
collection.
3
-------
Subject
TSCA Regulation
Complete?
Acceptable?
Information
Location
Flood
Protection
761.75(b)(4)
(i) If the landfill site is below the 100-year
floodwater elevation, the operator shall provide
surface water diversion dikes around the perimeter
ol'the landfill site with a minimum height equal to
two feet above the 100-year floodwater elevation.
(ii) If the landfill site is above the 100-year
floodwaler elevation, the operators shall provide
diversion structures capable of diverting all of the
surface water runoff from a 24-hour, 25-year storm.
Yes
Yes
Location: Permit
Renewal
Application
01/08/10 - Section
4.3, page 17 (pages
dated 2/11).
Facility located
above 100 year
flood water
elevation.
Run-on control -
system of ditches
diverts water from
drainage areas to
bypass facility -
system designed to
handie runoff from
25 year, 24 hour
storm event.
T opography
761.75(b)(5)
The landfill site shall be located in an area of low to
moderate relief to minimize erosion and lo help
prevent landslides or slumping.
Yes
Yes
Location: Permit
Renewal
Application
01/08/10 - Section
4.4, page 19 (page
dated 2/11) and
Attachment 4.
4
-------
Subject
TSCA Regulation
Complete?
Acceptable?
Information
Location
Monitoring
systems
Water
sampling
761.75(b)(6)(i)
(A) For all sites receiving PCBs, the ground and
surface water from the disposal site area shall be
sampled prior to commencing operations under an
approval provided in paragraph (c) of this section
for use as baseline data.
(B) Any surface watercourse designated by the
Regional Administrator using the authority
provided in paragraph (c)(3)(ii) of this section shall
be sampled at least monthly when the landfill is
being used for disposal operations.
(C) Any surface watercourse designated by the
Regional Administrator using the authority
provided in paragraph (c)(3)(ii) of this section shall
be sampled for a time period specified by the
Regional Administrator on a frequency of no less
than once every six months after final closure of the
disposal area.
Yes
Yes
Location: Permit
Renewal
Application
01/08/10 - Section
4.5 pages 19 - 23
(page dated 2/11)
and Attachment 11,
Environmental
Monitoring Plan.
Statistical analysis
of groundwater
monitoring data are
used to determine if
there has been a
release.
No surface water
within several miles
of facility.
Monitoring
systems
Groundwater
monitoring
wells
•
761.75(b)(6)(ii)
( A) If underlying earth materinN ^ hnmna^nniK
impermeable, and uniformly sloping in one
direction, only three sampling points shall be
necessary . These three points shall be equally
spaced on a line through the cenrer of the disposal
area and extending from the area of highest water
table elevation to the area of the lowest water table
elevation on the property.
(B) All monitor wells shall be cased and the annular
space between the monitor zone (zone of
saturation) and the surface shall be completely
backfilled with Portland cement or an equivalent
material and plugged with Portland cement to
effectively prevent percolation of surface water into
the well bore. The well opening at the surface shall
have a removable cap to provide access and to
prevent, entrance of rainfall or stormwater runoff.
The well shall be pumped to remove the volume of
liquid initially contained in the well before
obtaining a sample for analysis. The discharge shall
be treated to meet applicable State or Federal
discharge standards or recycled to the chemical
waste landfill.
Yes
Yes
Location: Permit
Renewal
Application
01/08/10, Section
4.5, pages 19 - 23
(pages dated 2/11),
Attachment 15,
Subsurface Profile
and Well
Construction
Report, Attachment
17, environmental
Monitoring Plan,
and Appendix A,
Operations Plan,
dated February
2011, Revision 3,
Section 9.0, page 9-
1.
18 wells in upper
aquifer.
5 wells in lower
aquifer (not
monitored).
5
-------
Subject
TSCA Regulation
Complete?
Acceptable?
Information
Location
Monitoring
systems
Water
analysis
761.75(b)(6)(iii)
As a minimum, all samples shall be analyzed for
the following parameters, and all data and records
of the sampling and analysis shall be maintained as
required in §761.180(d)( 1). Sampling methods and
analytical procedures for these parameters shall
comply with those specified in 40 CFR part ! 36 as
amended in 41 FR 52779 on December 1, 1976.
(A) PCBs
(Li) pi 1
(C) Specific conductance
(D) Chlorinated organics
Yes
Yes
Location; Permit
Renewal
Application
01/08/10 - Section
4.5.3 pages 22-23
(page dated 2/1 1),
Attachment 17,
linvironmental
Monitoring Plan,
Appendix A,
Operations Plan,
dated February
2011, Revision 3,
Section 9.0. page 9-
1, and Appendix A,
Operations Plan,
dated February
2011, Revision 3,
Attachment 5.
Recordkeeping and
Reporting Plan.
PCBs, pf 1. specific
conductance and
chlorinated
organics included
in quarterly
groundwater
monitoring
protocol.
Monitoring data
will be maintained
at the facility for at
least 20 years after
chemical waste
landfill is no longer
used as required in
40 C.F.R. §
761.18(d)(1).
6
-------
Subject
TSCA Regulation
Complete?
Acceptable?
Information
Location
Monitoring
systems
Leaehate
collection
761.75(b)(7)
A leaehate collection monitoring system shall be
installed above the chemical waste landfill.
Leaehate collection systems shall be monitored
monthly for quantity and physicochemical
characteristics of leaehate produced. The leaehate
should be either treated to acceptable limits for
discharge in accordance with a State or Federal
permit or disposed of by another State or Federally
approved method. Water analysis shall be
conducted as provided in paragraph (b)(6)(iii) of
this section. Acceptable leaehate monitoring/
collection systems shall be any of the following
designs, unless a waiver is obtained pursuant to
paragraph (c)(4) of this section.
Yes
Yes
Location: Permit
Renewal
Application
01/08/10 - Section
4.6 pages 23 - 25
(page dated 2/11),
Attachment 5,
Response Action
Plan, Attachment
i 7, Environmental
Monitoring Plan,
Appendix A,
Operations Plan,
dated February
2011, Revision 3,
Section 10,0, page
10-1, and Appendix
A, Operations Plan,
dated February
2011, Revision 3,
Attachment 5,
Recordkeeping and
Reporting Plan.
Monitoring
systems
Simple
leaehate
collection
761.75(b)(7)(i)
This system consists of a gravity flow drainfieid
installed above the waste disposal unit liner. This
design is recommended for use when semi-solid or
ieachable solid wastes are placed in a lined pit
excavated into a relatively thick, unsaturated,
homogenous layer of low permeability soil.
Not
Applicable
Not
Applicable
Not used at the US
Ecology facility.
7
-------
Subject
TSCA Regulation
Complete?
Acceptable?
Information
Location
Monitoring
systems
Compound
leaehate
collection
76l.75(b)(7)(ii)
This system consists of a gravity flow drainfield
installed above the waste disposal unit liner anc!
above a secondary installed liner. This design is
recommended for use when semi-liquid or
leachable solid wastes are placed in a lined pit
excavated into relatively permeable soil.
Yes
Yes
Location: Permit
Renewal
Application
01/08/10 - Section
4.6 pages 23 - 25
(page dated 2/1 1)
and Appendix A,
Operations Plan,
dated February
2011, Revision 3,
Section 10, page
10-1.
Primary and
secondary leaehate
collection systems.
Schematic drawing
showing design of
liner and leaehate
collection system
for Trenches 11 and
12.
Included in
Response Action
Plan.
Monitoring
systems
Suction
lysimeters
761.75(b)(7)(iii)
This system consists of a network of porous
ceramic cups connected by hoses/tubing to a
vacuum pump. The porous ceramic cups or suction
lysimeters are installed along the sides and under
the bottom of the waste disposal unit liner. This
type of system works best when installed in a
relatively permeable unsaturated soil immediately
adjacent to the bottom and/or sides of the disposal
facility.
Not
Applicable
Not
Applicable
Not used at the US
Ecology facility.
8
-------
Subject
TSCA Regulation
Complete?
Acceptable?
Information
Location
Prevent
damage to
containers or
articles
761.75(b)(8)
(i) PCBs and PCB Items shall be placed in a landfill
in a manner that will prevent damage to containers
or articles.
Yes
Yes
Location: Permit
Renewal
Application
01 /OS/10 - Section
3.4.2, page 8 (page
dated 2/11) and
Appendix A,
Operations Plan,
dated February
2011, Revision 3,
Section 4.1, page 4-
2.
Segregate
incompatible
waste
761.75(b)(8)
(i) Other wastes placed in the landfill that are not
chemically compatible with PCBs and PCB items
including organic solvents shall be segregated from
the PCBs throughout the waste handling and
disposal process.
Yes
Yes
Location; Permit
Renewal
Application
01 /08/10 - Section
3.4.2, page 8 (page
dated 2/11) and
Appendix A,
Operations Plan,
dated February
2011, Revision 3,
Section 4.0, page 4-
1.
Operation
plan
761.75(b)(8)
(ii) An operation plan shall be developed and
submitted to the Regional Administrator for
approval as required in paragraph (c) of this
section. This plan shall include detailed
explanations of the procedures to be used for
recordkeeping, surface water handling procedures,
excavation and backfilling, waste segregation burial
coordinates, vehicle and equipment movement, use
of roadways, lcachate collection systems, sampling
and monitoring procedures, monitoring wells,
environmental emergency contingency plans, and
security measures to protect against vandalism and
unauthorized waste placements. EPA guidelines
entitled "Thermal Processing and Land Disposal of
Solid Waste" (39 FR 29337, Aug. 14, 1974) are a
useful reference in preparation of this plan.
Yes
Yes
Location: Permit
Renewal
Application
01/08/10 - Section
4.7, page 25 (page
dated 2/11) and
Appendix A,
Operations Plan,
dated February
2011, Revision 3.
An operations plan
is provided that
addresses the items
listed in 761.75(b)
(8).
9
-------
Subject
TSCA Regulation
Complete?
Acceptable?
Information
Location
Excavation
and
backfilling
761.75(b)(8)
(ii) Lxcavation and backfilling.
Yes
Yes
Location: Permit
Renewal
Application
01/08/10-
Appendix A -
Operations Plan,
dated February
201 1. Revision 3.
Section 4.6, page 4-
10.
Waste
coordinates
761.75(b)(8)
(ii) Waste segregation burial coordinates.
Yes
Yes
Location: Permit
Renewal
Application
01/08/10-
Appendix A,
Operations Plan,
dated February
2011, Revision 3.
Section 5, page 5-1
and Attachment 6.
Vehicle
movement
and roadway-
use
761.75(b)(8)
(ii) Vehicle and equipment movement, roadway
use.
Yes
Yes
Location: Permit
Renewal
Application
01/08/10 -
Appendix A,
Operations Plan,
dated February
2011, Revision 3,
Section 11. page
11-1.
10
-------
Subject
TSCA Regulation
Complete?
Acceptable?
Information
Location
Contingency
plans
761.75(b)(8)
(ii) Environmental emergency contingency plans.
Yes
Yes
Location: Permit
Renewal
Application
01/08/10 -
Appendix A,
Operations Plan,
dated February
2011, Revision 3,
Section 13, page
13-1 and
Attachment 10
(contingency plan).
Security
761.75(b)(8)
(ii) Security measures to protect against vandalism
and unauthorized waste placement.
Yes
Yes
Location: Permit
Renewal
Application
01/08/10-
Appendix A,
Operations Plan,
dated February
2011, Revision 3,
Section 2, page 2-1.
Disposal of
liquid waste
761.75(b)(8)
(ii) If the facility is to be used to dispose of liquid
wastes containing between 50 ppm and 500 ppm
PCB, the operations plan must include procedures
to determine that liquid PCBs to be disposed of at
the landfill do not exceed 500 ppm PCB and
measures to prevent the migration of PCBs from
the landfill. Bulk liquids not exceeding 500 ppm
PCBs may be disposed of provided such waste is
prctrcated and/or stabilized (e.g., chemically fixed,
evaporated, mixed with dry inert absorbent) to
reduce its liquid content or increase its solid content
so that a non-flowing consistency is achieved to
eliminate the presence of free liquids prior to final
disposal in a landfill. PCB Container of liquid
PCBs with a concentration between 50 and 500
ppm PCB may be disposed of if each container is
surrounded by an amount of inert absorbent
material capable of absorbing all of the liquid
contents of the container.
Yes
Yes
Location: Permit
Renewal
Application
01/08/10 -
Appendix A.
Operations Plan,
dated February
2011, Revision 3,
Section 3, pages 3-
3 through 3-7 and
Section 4.1, page 4-
2.
11
-------
Subject
TSCA Regulation
Complete?
Acceptable?
Information
Location
Jgnitable
wastes
761.75(b)(8)
(iii) [gniiablc wastes shall nol be disposed of in
chemical waste landfills. Liquid ignitabie wastes
are wastes that have a flash point, less than 60
degrees C (140 degrees F) as determined by the
following method or an equivalent method: Flash
point of liquids shall be determined by a Pcnsky-
Martens Closed Cup Tester, using the protocol
specified in ASTM D 93-90, or the Setaflash
Closed Tester using (he protocol specified in
ASTM Standard D-3278-89.
Yes
Yes
Location: Permit
Renewal
Application
01/08/10 - Section
7, page 29,
Appendix A,
Operations Plan,
dated February
2011, Revision 3.
Section 3, page 3-1.
Record of
operation
761.75(b)(8)
(iv) Records shall be maintained for all PCB
disposal operations and shall include information
on the PCB concentration in liquid wastes and the
three dimensional burial coordinates for PCBs and
PCB Items. Additional records shall be developed
and maintained as required in Sec. 761.180.
Yes
Yes
Location: Permit
Renewal
Application
01/08/10 -
Appendix A.
Operations Plan,
dated February
2011, Revision 3,
Section 12, page
12-1 and
Attachment 5
(Recordkeeping and
Reporting Plan).
See also the
checklist for
Recordkeeping and
Reporting.
Record of
waste
coordinates
761.75(b)(8)
(iv) Records shall be maintained for the three
dimensional burial coordinates for PCBs and PCB
Items.
Yes
Yes
Location: Permit
Renewal
Application
01/08/10 -
Appendix A,
Operations Plan,
dated February
2011, Revision 3
Section 5, page 5-1
and Attachment 6.
12
-------
Subject
TSCA Regulation
Complete?
Acceptable?
Information
Location
Fence
761.75(b)(9)
(i) A six foot woven mesh fence, wall, or similar
device shall be placed around the site to prevent
unauthorized persons and animals from entering.
Yes
Yes
Location: Permit
Renewal
Application
01/08/10-
Appendix A,
Operations Plan,
dated February
2011, Revision 3,
Section 2, page 2-1.
Road
maintenance
761.75(b)(9)
(ii) Roads shall be maintained to and within the site
which are adequate to support the operation and
maintenance of the site without causing safety or
nuisance problems or hazardous conditions.
Yes
Yes
Location: Permit
Renewal
Application
01/08/10 - Section
4.8, page 26 and
Appendix A,
Operations Plan,
dated February
2011, Revision 3,
Section 11, page
11-1.
Safetv
7fii 75rhV9i
(iii) The site shall be operated and maintained in a
manner to prevent safety problems or hazardous
conditions resulting from spilled liquids and
windblown materials.
Yes
Yes
Included as
Condition VII.E.6
in the PCB
Approval.
Landfill
Approval
761.75
(c) Prior to the disposal of any PCBs and PCB
Items in a chemical waste landfill, the owner or
operator of the landfill shall receive written
approval of the Agency Regional Administrator for
the Region in which the landfill is located.
Yes
Yes
US Ecology is
seeking renewal
and modification
from U.S. EPA of
its existing PCB
Approval.
13
-------
Subject
TSCA Regulation
Complete?
Acceptable?
Information
Location
Initial
approval
application
report
761.75(c)
(1) The owner or operator shall submit to the
Regional Administrator an initial report which
contains:
Yes
Yes
Location: Permit
Renewal
Application
01/08/10 and
Appendices.
Landfill
location
761.75(c)(1)
(i) The location of the landfill.
Yes
Yes
Location: Permit
Renewal
Application
01/08/10, Section
2.1, page 1 (page
dated 2/11).
Landfill site
and design
761.75(c)(1)
(ii) A detailed description of the landfill including
general site plans and design drawings.
Yes
Yes
Location: Permit
Renewal
Application
01/08/10, Section
2.2, page 2, Section
4.0(a), page 10,
Section 4.0(b), page
12, Appendix B
(Landfill Report lor
Trench 12) and
Appendix D
(Design Basis and
Construction
Specifications for
1renches 11 and 12
Final Cover).
-------
Subject
TSCA Regulation
Complete?
Acceptable?
Information
Location
Landfill
engineering
report
761.75(c)(1)
(iii) An engineering report describing the manner in
which the landfill complies with the requirements
for chemical waste landfills specified in paragraph
(b) of this section.
Yes
Yes
Location: Permit
Renewal
Application
01/08/10, Appen-
dices B, C and D
and responses to
specific 761.75(b)
requirements
discussed above.
Sampling and
monitoring
761.75(c)(1)
(iv) Sampling and monitoring equipment and
facilities available.
Yes
Yes
Location: Permit
Renewal
Application
01/08/10, Section
4.5, page 19,
Section 4.6, page
23 (pages dated
2/11) and Appendix
A, Operations Plan,
dated February
2011, Revision 3.
Section 9, page 9-1
and Section 10.
page 10-1 (pages
dated 2/11).
Waste
volume
761.75(c)(1)
(v) Expected waste volumes of PCBs.
Yes
Yes
Location: Permit
Renewal
Application
01/08/10, Section 6,
page 28 (page dated
2/11).
15
-------
Subject
TSCA Regulation
Complete?
Acceptable?
Information
Location
Wastes
accepted
761.75(c)(1)
(vi) General description of waste materials other
than PCBs that are expected to be disposed of in the
landfill.
Yes
Yes
Location: Permit
Renewal
Application
01/08/10,, Section
7, page 29 (page
dated 2/11).
Operation
plan
761.75(c)(1)
(vii) Landfill operations plan as required in
paragraph (b) of this section.
Yes
Yes
Location: Permit
Renewal
Application
01/08/10, Section
4.7, page 25,
Appendix A,
Operations Plan,
dated February
2011, Revision 3.
Other permits
761.75(e)(1)
(viii) Any local. State, or Federal permits or
approvals.
Yes
Yes
Location: Permit
Renewal
Application
01/08/10, Section
10, page 34 and
Attachment 11.
Compliance
schedule
761.75(c)(1)
(ix) Any schedules or plans for complying with the
approval requirements of these regulations.
Yes
Yes
Included in
Approval.
16
-------
Subject
TSCA Regulation
Complete?
Acceptable?
Information
Location
Additional
information
for permit
decision
761.75(c)
(2) In addition to the information contained in the
report described in paragraph (c)(1) of this section,
the Regional Administrator may require the owner
or operator to submit any other information that the
Regional Administrator finds to be reasonably
necessary to determine whether a chemical waste
landfill should be approved. Such other information
shall be restricted to the types of information
required in paragraphs (c)(1) (i) through (ix) of this
section.
Yes
Yes
Location: Permit
Renewal
Application
01/08/10, Section
12, page 34.
Permit
decision
761 ,75(cX3)
(i) Except as provided in paragraph (c)(4) of this
section the Regional Administrator may not
approve a chemical waste landfill for the disposal
of PC lis and PCB Items, unless he finds that the
landfill meets all of the requirements of paragraph
(b) of this section.
Yes
Yes
Requirement noted
and satisfied.
No
unreasonable
risk
761.75(c)(3)
(ii) In addition to the requirements of paragraph (b)
of this section, the Regional Administrator may
include in an approval any other requirements or
prov isions that the Regional Administrator finds are
necessary to ensure that operation of the chemical
waste landfill does not present an unreasonable risk
of injury u> health or the environment from PCBs.
Yes
Yes
Included in
Approval.
Approval
expiration
date
761.75(c)(3)
(ii ) Such provisions may include a fixed period of
time for which the approval is valid.
Yes
Yes
Included in
Approval.
"Notice of
PCB
detection
during
monitoring
761.75(c)(3)
(ii) The approval may also include a stipulation that
the operator of the chemical waste landfill report to
the Regional Administrator any instance when
PCBs are detectable during monitoring activities
conducted pursuant to paragraph (b)(6) of this
section.
Yes
Yes
Included in
Approval.
17
-------
Subject
TSCA Regulation
Complete?
Acceptable?
Information
Location
Waivers
761.75(cX4)
(4) An owner or operator of a chemical waste
landfill may submit evidence to the Regional
Administrator that operation of the landfill will not
present an unreasonable risk of injury to health or
the environment from PCBs when one or more of
the requirements of paragraph (b) of this section are
not met. On the basis of such evidence and any
other available information, the Regional
Administrator may in his discretion find that one or
more of the requirements of paragraph (b) of this
section is not necessary to protect against such a
risk and may waive the requirements in any
approval for that landfill. Any finding and waiver
under this paragraph will be stated in writing and
included as pari of the approval.
Not
Applicable
Not
Applicable
The requirements
of 40 C.F.R.
761.75(b) are
satisfied.
Persons
approved
761.75(e)(5)
(5 ) Any approval will designate the persons who
own and who are authorized to operate the chemical
waste landfill, and will apply only to such persons,
except as provided by paragraph ( c )(7 ) of this
section.
Yes
Yes
Included in
Approval.
Final
approval
signature
761.75(c)(6)
(6) Approval of a chemical waste landfill will be in
writing and will be signed by the Regional
Administrator.
Yes
Yes
Requirement noted.
Final
approval
contents
761.75(c)(6)
(6) The approval will state all requirements
applicable to the approved landfill.
Yes
Yes
Approval specifies
all requirements
applicable to the
landfills.
18
-------
Subject
TSCA Regulation
Complete?
Acceptable?
Information
Location
Transfer
76t.75(cX7)
(7) Any person who owns or operates an approved
chemical waste landfill must notify EPA at least 30
days before transferring ownership in the property
or transferring the right to conduct the chemicai
waste landfill operation. The transferor must also
submit to FPA, at least 30 days before such
transfer, a notarized affidavit signed by the
transferee which states that the transferee will abide
by the transferor's FPA chemical waste landfill
approval. Within 30 days of receiving such
notification and affidavit, EPA will issue an
amended approval substituting the transferee's
name for the transferor's name, or EPA may require
the transferee to apply for a new chemical waste
landfill approval. In the latter case, the transferee
must abide by the transferor's FPA approval until
EPA issues the new approval to the transferee.
Yes
Yes
Requirement
included in
Approval.
19
-------
Appendix D
National Historic Preservation Act Correspondence
-------
DEPARTMENT OF CULTURAL AFFAIRS
State Historic Preservation Office
100 N, Stewart Street
Carson City. Nevada 89701
(775) 684-3448 • Fax (775) 684-3442
www.nvshpo.org
STATE OF NEVADA
JIM GIBBONS
Goi'e/.'icr
MICHAEL P., FISCHER
Department Director
RONALD M. JAMES
State Historic Preservation Officer
September 17, 2009
Ronald Leach
Project Manager
U.S*. Environmental Protection Agency
Region 9
75 Hawthorne Street
San Francisco CA 94105
RE: Renewal and Modification of Toxic Substances Control Act Permit for US
Ecology Facility, Phases B and G of Trench 12, Nye County.
Dear Mr. Leac h:
The Nevada State Historic Preservation Office (SHPO) reviewed the subject
undertaking. In order to determine the archaeological sensitivity of the proposed
project area, the SHPO consulted the online statewide archaeological inventor)'
(NVCR1S). According to their records, only a small portion of the proposed project
area has been inventoried for cultural resources. No cultural resources were found as
a result of this effort. Given the limited archaeological sensitivity of the project area
and the previous disturbance in the project area the SHPO does not recommend an
archaeological inventory of the project area.
As no historic properties are likelv to be found within the area of potential effects
(APE) for the subject undertaking, the SHPO would concur with an U.S.
Environmental Protection Agency determination that historic properties will not be
affected by the proposed undertaking.
If buried and previously unidentified resources are located during project activities,
the SHPO recommends that all work in the vicinity cease and this office be contacted
for additional consultation per 36 CFR 800.13.b.3. and NRS 383.150-383.190.
If you have any questions concerning this correspondence, please contact me bv
phone at (775) 684-3443 or by e-mail at Rebecca.Palmer@nevadaeulture. org. '
Review and Compliance Officer, Archaeologist
(NSPO Rev. 2-07)
1, M
-------
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION IX .
75 Hawthorne Street
San Francisco, CA 94105
A nonet OA 9HAQ
riUEUat ZUU/
Ms. Rebecca Lynn Palmer
Historic Preservation Specialist
Department of Cultural Affairs
Nevada State Historic Preservation Office
100 N. Stewart Street
Carson City, Nevada 89701
Re: Compliance with Section 106 of the National Historic Preservation Act
for the Renewal and Modification of Toxic Substances Control Act
Permit for US Ecology Facility, Beatty, Nevada
Dear Ms. Palmer,
The U.S. Environmental Protection Agency ("U.S. EPA") is considering an application from the
US Ecology, Nevada facility near Beatty, Nevada, to renew and modify its Approval (permit)
under the Toxic Substances Control Act ("TSCA") to store, manage and dispose of wastes
containing poiychiorinated biphenyls ("PCBs"). We are seeking your input on this undertaking
as it applies to the requirements of Section 106 of the National Historic Preservation Act
O'M IPA"). As you know, Section 106 of the NHPA requires Federal agencies to take into
account the effects of their undertakings on historic properties, and to afford consulting parties
The US Ecology facility is located in the Amargosa desert on an 80 acre site near Highway 95
about 100 miles northwest of Las Vegas, Nevada. The closest city is Beatty Nevada, which is
located approximately 11 miles northwest of the facility (see attached site location map). T he
facility treats and disposes of hazardous waste, PCBs and non-hazardous industrial material. The
facility also acts as a storage facility for PCB and hazardous waste.
The facility is currently operating under a Resource Conservation and Recovery Act f'RCRA")
permit issued by the Nevada Division of Environmental Protection ("NDEP") to manage
hazardous waste and a separate TSCA Approval from the U.S. EPA to dispose and store PCB
waste that was issued in 1996. US Ecology has applied for renewal of the TSCA Approval,
which expired in 2001.
The US Ecology Nevada facility consists of nine pre-RCRA chemical waste trenches (closed)
and the following three hazardous waste landfills: Trench 10 (closed), Trench 11 (operating) and
the first phase of a newly constructed Trench 12. Other operations at the US Ecology facility
include: low temperature thermal desorption, batch stabilization, PCB storage in tanks, oil water
separation and storage of hazardous waste.
-------
Area of Potential Effects
The action we are considering includes: (1) a renewal of the TSCA permit conditions for existing
units that store, manage and dispose of PCB wastes and (2) a modification that incorporates
Trench 12, a new landfill unit, into the TSCA Approval. The Trench 12 landfill consists of three
phases (A, B and C). Phase A, which covers approximately 4.44 acres, has already been
constructed and permitted by NDEP to receive hazardous wastes for disposal.
Our proposed Area of Potential Effects ("APE") includes just the footprint of Phases B and C of
Trench 12 (see attached map of the APE). Phases B and C, which have not yet been constructed,
will occupy an area of approximately 6.7 acres. The Phase B and C areas are currently used for
dry hazardous waste storage in roll off bins. Administrative buildings also occupy a portion of
the Phase C area.
Previous Project
Your office had considered a previous project at the US Ecology facility regarding installation of
a Wet Air Oxidation Unit. In your letter of December 8, 2004, you discuss the project and
conclude that "if the Army were to request our concurrence with a determination of 'No Historic
Properties Affected," our office would be happy to expedite the request." The December 8. 2004
letter is attached for your use.
Request for Input on Proposed Project
We are seeking you input in determining the archaeological sensitivity of the proposed project so
that we can comply with the requirements of Section 106 of the NHPA. If you have any
questions or require additional information, please call me at (415) 972-3362. Thank you in
advance for your assistance.
Sincerely
Ronald Leach, P.E.
Project Manager
U.S. EPA, Region 9
cc: Mike Leigh. NDEP
Scree Kailash, NDEP
-------
7.5' topographic map (Carrara Canyon Quadrangle)
Site Location Map
U.S. Ecology Nevada
A
Section 106 National Historic Preservation Act
-------
Area of Potential Effects
U.S. Ecology Nevada
Section 106 National Historic Preservation Act
Miles
-------
STATE OF NEVADA
US ECOLOGY
KENNY C. GUINN
Governor
SCOTT K. SiSCO
Interim Director
DEPARTMENT OF CULTURAL AFFAIRS
• Nevada State Historic Preservation Office
100 N. Stewart Street
Carson City, Nevada 89701
(775)684-3448 • Fax (775) 684-3442
www.nvshpo.org
DEC I 4
P.O. eox 578
BEATTY, NV 89003
RONALD M. JAMES
State Historic Preservation Officer
December 8, 2004
Robert March and
General Manager
US Ecology
P.O. Box 578
Beatty NY 89003
RE: Proposed Installation and Operation of Wet Air Oxidation Unit to Treat
Hazardous Waste at the US Ecology, Beatty, Amargosa Desert, Nye County.
Dear Mr. Marchand:
The Nevada State Historic Preservation Office (SHPO) reviewed the proposed
undertaking. In order to determine the archaeological sensitivity of the proposed
project area, the SHPO consulted the online statewide archaeological invent ory.
According to their records, only a small portion of the proposed project area has been
inventoried for cultural resources. No cultural resources were found as a result of this
effort. Given the limited archaeological sensitivity of the project area and the
previous disturbance in the project area the SHPO does not recommend an
archaeological inventory of the project area.
As no historic properties are likely to be found within the area of potential effects
(APE) for the subject undertaking, the SHPO would concur with a U.S. Army
determination that historic properties will not be affected by the proposed
undertaking. According to the National Historic Preservation Act of 1966, as
amended, federal agencies are required to make determinations of eligibility and
effect In this case, if the U.S. Army were to request our concurrence wit.li a
determination of 'No Historic Properties Affected* our office would be happy to
expedite the request.
If you have any questions concerning this correspondence, please contact me by
phone at (775) 684-3443 or by E-mail at rlpalmer@clan.lib.nv.us.
Rebecca Lynn Palmer
Historic Preservation Specialist
(NSPG Rev. W)
I U
-------
Tribal Contacts
Tansey Smith
to:
Ronald Leach
04/23/2012 04:07 PM
Hide Details
From: Tansey Smith
To: Ronald Leach/R9/USEPA/US@EPA
History: This message has been replied to and forwarded.
Dear Mr, Leach,
Thank you for contacting me regarding the Beatty RCRA permit. Here are the Tribal contacts for the Southern Nevada area, I
hope this helps and don't hesitate to contact me for additional information.
Timbisha Shoshone Tribe- No Environmental Director in place
George Gholson, Tribal Chairperson
P.O. Box 1779
Bishop, CA 93515
Phone: (760) 872-3614
Fax: {760) 872-3670
Las Vegas Paiute Tribe
Steve Gill, Finance Officer, but also working on Environmental Issues for the Tribe
One Paiute Drive
Las Vegas, Nevada 89106
Phone: (702) 386-3926
Fax: (702) 383-4019
SBill@lvpaiute.com
Tonia Means, Tribal Chairperson
Same as above for Steve Gill
tmeans@lvpaiute.com
Moapa Band of Paiute Tribe
Darren Daboda, Environmental Director
P.O. Box 340
Moapa, Nevada 89025
fiw/zPArwnmptitc anrI t PAfHU oral Spttin0s\Temn\notesBAAA25\~webO616.htm
5/4/20
-------
Page 2 of 2
Phone: (702) 865-2077
Fax: (702) 865-2875
d daboda@yahoo.com
Tansey Smith
Inter-Tribal Council of Nevada
Tribal-State Environmental Liaison
901 South Stewart Street Suite 4001
Carson City, NV 89701
Phone: (775) 687-9483
Cell: (775) 315-4346
tsmith@Hdep.nv.gov
http://ndep.nv.gov/tribe/tlp.htm
le://C:\Documents and Settings\RLEACH\Local Settings\Temp\notesBAAA25\~web0616.htm
5/4/2012
-------
Page 1 of 1
Tribal Chair Contact
Tansey Smith
' to:
Ronald Leach
04/23/2012 04:10 PM
Cc:
"William Anderson (wanderson@mvdsl.com)"
Hide Details
From: Tansey Smith
To: Ronald Leach/R9/USEPA/US@EPA
Cc: "William Anderson (wanderson@mvdsl.com)"
History: This message has been forwarded.
I apologize Mr. Leach, I missed one more contact for the Moapa Band of Paiute Tribe.
Chairman, William Anderson
P.O. Box 340
Moapa, Nevada 89025
Phone:(702) 865-2787
Fax: (702) 865-2875
wanderson@mvdsl.com
Tansey Smith
Inter-Tribal Council of Nevada
Tribal-Stale Environmental Liaison
901 South Stewart Street Suite 4001
Carson City, NV 89701
Phone:(775)687-9483
Cell: (775) 315-4346
tsraitiifSjndep.nv.gov
http://ndep.nv.gov/tribe/tlp.htm
file://C:\Documents and Settinys\RT,F,ACH\T,ooa I Settin?s\Temn\riotesRAAA25\~weh9fi'SR htm
5/4/201?
-------
US Ecology Nevada - Proposed PCB Permit Renewal - NHPA Consultation
Letter Jj
Ronald Leach to: George
Cc: Tansey Smith, Caleb Shaffer
05/04/2012 03:41 PM
From:
To:
Cc:
George@Timbisha.com
Tansey Smith , Caleb Shaffer/R9/USEPA/US@EPA
Ronald Leach/R9/USEPA/US
Chairman Gholson,
Attached please find U.S. EPA's letter requesting government to government tribal consultation under
Section 106 of the National Historic Preservation Act ("NHPA") for our proposed PCB permit renewal at
the US Ecology Facility in Beatty, Nevada. As we discussed on the phone last week, U.S. EPA's action is
a renewal and modification of an existing permit that allows US Ecology to store, treat, and dispose of
wastes containing Polychlorinated Biphenyls ("PCBs"). There is no excavation involved with the project.
US Ecology has an existing permit from the Nevada Division of Environmental Protection ("NDEP") to
manage hazardous waste under the Resource Conservation and Recovery Act ("RCRA"). A hard copy of
the letter is being sent to you by regular certified mail. If you are interested in participating in this process
or have any information on cultural resources near our project site, please let me know via phone, email or
by mail within 30 days of your receipt of the letter. Also, please let me know if you do not wish to
participate in the NHPA process. If you have any questions, please call me at (415) 972-3362. Thank you
for your help. Ron Leach
Ronald Leach, P.E.
U.S. Environmental Protection Agency, Region 9 (WST-5)
75 Hawthorne Street
San Francisco, CA 94105
Phone: (415)972-3362
E-mail: leach.ronald@epa.gov
USEN NHPA Timbisha 050312.pdf
-------
Ronald Leach to: sgill
Cc: Tansey Smith, Caleb Shaffer
US Ecology Nevada - Proposed PCB Permit Renewal - NHPA Consultation
Letter
05/04/2012 03:44 PM
From:
Ronald Leach/R9/USEPA/US
sgill@lvpaiute.com
Tansey Smith , Caleb Shaffer/R9/USEPA/US@EPA
To:
Cc:
Mr. Gill
Attached please find U.S. EPA's letter to Chairperson Means requesting government to government tribal
consultation under Section 106 of the National Historic Preservation Act ("NHPA") for our proposed PCB
permit renewal at the US Ecology Facility in Beatty, Nevada. As we discussed on the phone last week,
U.S. EPA's action is a renewal and modification of an existing permit that allows US Ecology to store,
treat, and dispose of wastes containing Polychlorinated Biphenyls ("PCBs"). There is no excavation
involved with the project. US Ecology has an existing permit from the Nevada Division of Environmental
Protection ("NDEP") to manage hazardous waste under the Resource Conservation and Recovery Act
("RCRA"). A hard copy of the letter is being sent by regular certified mail. If you or Chairperson Means
are interested in participating in this process or have any information on cultural resources near our
project site, please let me know via phone, email or by mail within 30 days of your receipt of the letter.
Also, please let me know if you do not wish to participate in the NHPA process. If you have any questions,
please call me at (415) 972-3362. Thank you for your help. Ron Leach
Ronald Leach, P.E.
U.S. Environmental Protection Agency, Region 9 (WST-5)
75 Hawthorne Street
San Francisco, CA 94105
Phone: (415)972-3362
E-mail: leach.ronald@epa.gov
USEN NHPA LV Paiute 050312.pdf
-------
US Ecology Nevada - Proposed PCB Permit Renewal - NHPA Consultation
Letter
Ronald Leach to: D_Daboda
Cc: Tansey Smith, Caleb Shaffer
05/04/2012 03:46 PM
From:
To:
Cc:
Ronald Leach/R9/USEPA/US
D_Daboda@yahoo.com
Tansey Smith , Caleb Shaffer/R9/USEPA/US@EPA
Mr. Daboda,
Attached please find U.S. EPA's letter to Chairman Anderson requesting government to government tribal
consultation under Section 106 of the National Historic Preservation Act ("NHPA") for our proposed PCB
permit renewal at the US Ecology Facility in Beatty, Nevada. As we discussed on the phone last week,
U.S. EPA's action is a renewal and modification of an existing permit that allows US Ecology to store,
treat, and dispose of wastes containing Polychlorinated Biphenyls ("PCBs"). There is no excavation
involved with the project. US Ecology has an existing permit from the Nevada Division of Environmental
Protection ("NDEP") to manage hazardous waste under the Resource Conservation and Recovery Act
("RCRA"). A hard copy of the letter is being sent by regular certified mail. If you or Chairman Anderson
are interested in participating in this process or have any information on cultural resources near our
project site, please let me know via phone, email or by mail within 30 days of your receipt of the letter.
Also, please let me know if you do not wish to participate in the NHPA process. If you have any questions,
please call me at (415) 972-3362. Thank you for your help. Ron Leach
Ronald Leach, P.E.
U.S. Environmental Protection Agency, Region 9 (WST-5)
75 Hawthorne Street
San Francisco, CA 94105
Phone: (415)972-3362
E-mail: leach.ronald@epa.gov
USEN NHPA Moapa.050312 pdf.pdf
-------
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION IX
75 Hawthorn® Street
San Francisco, CA 94105
Certified Mail No. 7008 1830 0002 6279 8203
Return Receipt Requested
May 3, 2012
In Reply WST-4
Refer To: US Ecology
EPA ID: NVT330010000
Chairman George Gholson
Timbisha Shoshone Tribe
P.O. Box 1779
Bishop, California 93515
Re: Request for Government-to-Government Tribal Consultation Under Section 106 of the
National Historic Preservation Act for an Undertaking at the US Ecology Facility in Beatty,
Nevada
Dear Chairman Gholson:
The United States Environmental Protection Agency, Region 9 ("U.S. EPA") has received an application
from US Ecology Nevada to renew and modify its existing Approval (permit) to store, treat and dispose
of wastes containing Polychlorinated Biphenyls ("PCBs") under Section 6(eXl) of the Toxic Substances
Control Act ("TSCA"). U.S. EPA, as the permitting agency, is responsible for complying with the
National Historic Preservation Act of 1966 ("NHPA"), as amended, 16 U.S.C. § 470f. U.S. EPA has
determined that the proposed project is an "undertaking" subject to the review process set forth in Section
106 of the NHPA. The proposed undertaking involves the renewal and modification of the existing
Approval with no excavation of soil. Accordingly, l am writing to initiate consultation with you on this
project.
Section 106 of the NHPA requires, among other things, that Federal agencies: (1) take into account the
effect of their undertakings on properties included in or eligible for inclusion in the National Register of
Historic Places; (2) afford a reasonable opportunity to comment on such undertakings; and (3) consistent
with its trust responsibility, consult with federally recognized tribes to ensure that Indian tribes which
attach religious or cultural significance to historic properties that may be affected by an undertaking are
provided a reasonable opportunity to participate in the process. U.S. EPA is therefore requesting your
assistance in helping to identify historic properties of traditional religious and cultural importance to your
tribe that may be located within the geographic area where the proposed project may directly or indirectly
impact.
The US Ecology facility is located in the Amargosa desert on an 80 acre site near Highway 95 about 100
miles northwest of Las Vegas, Nevada. The closest city is Beatty Nevada, which is located
approximately 11 miles northwest of the facility (see enclosed site location map). The facility treats and
disposes of hazardous waste, PCBs and non-hazardous industrial material. The facility also acts as a
storage facility for PCB and hazardous waste.
-------
The facility is currently operating under a Resource Conservation and Recovery Act ("RCRA") permit
issued by the Nevada Division of Environmental Protection ("NDEP") to store, treat and dispose of
hazardous waste, and a separate TSCA Approval from the U.S. EPA for management of PCB waste that
was issued in 1996. US Ecology applied for renewal of the TSCA permit, which expired in 2001.
The US Ecology Nevada facility consists of nine pre-RCRA chemical waste trenches (closed) and the
following three hazardous waste landfills; Trench 10 (closed), Trench 11 (operating) and Trench 12
(operating). Other operations at the US Ecology facility include: batch stabilization, PCB storage in
tanks, oil water separation, and storage of hazardous waste.
There is no excavation work involved with this Approval renewal and modification project. AH of the
storage and treatment of PCBs at the facility is done within contained areas. The two operating landfills,
Trench 11 and Trench 12, are both double lined and have leachate collection systems.
U.S. EPA is sensitive to the possibility that you may not wish to divulge information about historic
properties that have cultural or religious significance. The NHPA and its implementing regulations
provide protection from public disclosure of information about a historic property that might result in
harm to the property, a significant invasion of privacy or impediments to traditional religious practices at
a site. Therefore, U.S. EPA is open to working with you in a manner that meets concerns that you may
have regarding the sensitivity of information. For those properties that are determined to be "historic
properties" under the NHPA, U.S. EPA would like to initiate consultation with you on possible measures
to avoid or minimize potential adverse effects to such properties.
If you are interested in participating in this process or have any information on cultural resources near our
project site, please let us know via phone, email (see below) or by mail within 30 days of receipt of this
letter.
Thank you for assisting us with our NHPA compliance. If you have any questions regarding this request,
please feel free to have your staff contact Ron beach, RCRA Facilities Management Office, at (415) 972-
3362 or by email at leacli.ronald@epa.gov. U.S. EPA looks forward to working with you on this matter.
Sincerely,
* /Jeff Scott, Director
jf* Waste Management Division
Enclosure
cc: Tansey Smith, Inter-Tribal Council of Nevada
-------
Figure 1. Site Location Map, US Ecology Nevada 'topograpn,C!map (Uarrara uanyon
-------
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION IK
75 Hawthorne Street
San Francisco, CA 94105
Certified Mail No. 7011 0470 0002 9197 5889
Return Receipt Requested
May 3, 2012
In Reply WST-4
Refer To: US Ecology
EPA ID NVT330010000
Chairperson Tonia Means
Las Vegas Paiute Tribe
One Paiute Drive
Las Vegas, Nevada 89106
Re: Request for Govemment-to-Government Tribal Consultation Under Section 106 of the
National Historic Preservation Act for an Undertaking at the US Ecology Facility in Beatty,
Nevada
Dear Chairperson Means:
The United States Environmental Protection Agency, Region 9 ("U.S. EPA") has received an application
from US Ecology Nevada to renew and modify its existing Approval (permit) to store, treat and dispose
of wastes containing Polychlorinated Biphenyls ("PCBs") under Section 6(e)(1) of the Toxic Substances
Control Act ("TSCA"). U.S. EPA, as the permitting agency, is responsible for complying with the
National Historic Preservation Act of 1966 ("NHPA"), as amended, 16 U.S.C. § 470f. U.S. EPA has
determined that the proposed project is an "undertaking" subject to the review process set forth in Section
106 of the NHPA. The proposed undertaking involves the renewal and modification of the existing
Approval with no excavation of soil. Accordingly, I am writing to initiate consultation with you on this
project.
Section 106 of the NHPA requires, among other things, that Federal agencies: (1) take into account the
effect of their undertakings on properties included in or eligible for inclusion in the National Register of
Historic Places; (2) afford a reasonable opportunity to comment on such undertakings; and (3) consistent
with its trust responsibility, consult with federally recognized tribes to ensure that Indian tribes which
attach religious or cultural significance to historic properties that may be affected by an undertaking are
provided a reasonable opportunity to participate in the process. U.S. EPA is therefore requesting your
assistance in helping to identify historic properties of traditional religious and cultural importance to your
tribe that may be located within the geographic area where the proposed project may directly or indirectly
impact.
The US Ecology facility is located in the Amargosa desert on an 80 acre site near Highway 95 about 100
miles northwest of Las Vegas, Nevada. The closest city is Beatty Nevada, which is located
approximately 11 miles northwest of the facility (see enclosed site location map). The facility treats and
disposes of hazardous waste, PCBs and non-hazardous industrial material. The facility also acts as a
storage facility for PCB and hazardous waste.
-------
The facility is currently operating under a Resource Conservation and Recovery Act ("RCRA") permit
issued by the Nevada Division of Environmental Protection ("NDEP") to store, treat and dispose of
hazardous waste, and a separate TSCA Approval from the U.S. EPA for management of PCB waste that
was issued in 1996. US Ecology applied for renewal of the TSCA permit, which expired in 2001.
The US Ecology Nevada facility consists of nine pre-RCRA chemical waste trenches (closed) and the
following three hazardous waste landfills: Trench 10 (closed), Trench 11 (operating) and Trench 12
(operating). Other operations at the US Ecology facility include; batch stabilization, PCB storage in
tanks, oil water separation, and storage of hazardous waste.
There is no excavation work involved with this Approval renewal and modification project. All of the
storage and treatment of PCBs at the facility is done within contained areas. The two operating landfills,
Trench 11 and Trench 12, are both double lined and have leachate collection systems.
U.S. EPA is sensitive to the possibility that you may not wish to divulge information about historic
properties that have cultural or religious significance. The NHPA and its implementing regulations
provide protection from public disclosure of information about a historic property that might result in
harm to the property, a significant invasion of privacy or impediments to traditional religious practices at
a site. Therefore, U.S. EPA is open to working with you in a manner that meets concerns that you may
have regarding the sensitivity of information. For those properties that are determined to be "historic
properties" under the NHPA, U.S. EPA would like to initiate consultation with you on possible measures
to avoid or minimize potential adverse effects to such properties.
If you are interested in participating in this process or have any information on cultural resources near our
project site, please let us know via phone, email (see below) or by mail within 30 days of receipt of this
letter.
Thank you for assisting us with our NHPA compliance. If you have any questions regarding this request,
please feel free to have your staff contact Ron Leach, RCRA Facilities Management Office, at (415) 972-
3362 or by email at leach.ronald@epa.gov. U.S. EPA looks forward to working with you on this matter.
Sincerely,
/ /Jeff Scott, Director
Waste Management
Division
Enclosure
cc; Tansey Smith, Inter-Tribal Council ofNevada
-------
-------
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION IX
75 Hawthorn# Street
San Francisco, CA 94108
Certified Mail No. 7011 0470 0002 9197 5896
Return Receipt Requested
In Reply WST-4
Refer To: US Ecology
May 3,2012 EPA ID NVT330010000
Chairman William Anderson
Moapa Band of Paiute Tribe
P.O. Box 340
Moapa, Nevada 89025
Re: Request for Government-to-Government Tribal Consultation Under Section 106 of the
National Historic Preservation Act for an Undertaking at the US Ecology Facility in Beatty,
Nevada
Dear Chairman Anderson:
The United States Environmental Protection Agency, Region 9 ("U.S. EPA") has received an application
from US Ecology Nevada to renew and modify its existing Approval (permit) to store, treat and dispose
of wastes containing Polychlorinated Biphenyls ("PCBs") under Section 6(e)(1) of the Toxic Substances
Control Act ("TSCA"). U.S. EPA, as the permitting agency, is responsible for complying with the
National Historic Preservation Act of 1966 ("NHPA"), as amended, 16 U.S.C, § 470f. U.S. EPA has
determined that the proposal project is an "undertaking" subject to the review process set forth in Section
106 of the NHPA. The proposed undertaking involves the renewal and modification of the existing
Approval with no excavation of soil. Accordingly, I am writing to initiate consultation with you on this
project.
According to U.S. EPA regulations under TSCA, the action we are taking is technically known as an
"Approval". A TSCA Approval is essentially a permit For instance, U.S. EPA follows a similar
administrative process for its issuance, renewal and modification as a permit.
Section 106 of the NHPA requires, among other things, that Federal agencies: (1) take into account the
effect of their undertakings on properties included in or eligible for inclusion in the National Register of
Historic Places; (2) afford a reasonable opportunity to comment on such undertakings; and (3) consistent
with its trust responsibility, consult with federally recognized tribes to ensure that Indian tribes which
attach religious or cultural significance to historic properties that may be affected by an undertaking are
provided a reasonable opportunity to participate in the process. U.S. EPA is therefore requesting your
assistance in helping to identify historic properties of traditional religious and cultural importance to your
tribe that may be located within the geographic area where the proposed project may directly or indirectly
impact.
The US Ecology facility is located in the Amargosa desert ort an 80 acre site near Highway 95 about 100
miles northwest of Las Vegas, Nevada. The closest city is Beatty Nevada, which is located
approximately 11 miles northwest of the facility (see enclosed site location map). The facility treats and
disposes of hazardous waste, PCBs and non-hazardous industrial material. The facility also acts as a
storage facility for PCB and hazardous waste.
-------
The facility is currently operating under a Resource Conservation and Recovery Act ("RCRA") permit
issued by the Nevada Division of Environmental Protection ("NDEP") to store, treat and dispose of
hazardous waste, and a separate TSCA Approval from the U.S. EPA for management of PCB waste that
was issued in 1996, US Ecology applied for renewal of the TSCA permit, which expired in 2001.
The US Ecology Nevada facility consists of nine pre-RCRA chemical waste trenches (closed) and the
following three hazardous waste landfills: Trench 10 (closed), Trench 11 (operating) and Trench 12
(operating). Other operations at the US Ecology facility include: batch stabilization, PCB storage in
tanks, oil water separation, and storage of hazardous waste.
There is no excavation work involved with this Approval renewal and modification project. AH of the
storage and treatment of PCBs at the facility is done within contained areas. The two operating landfills,
Trench 11 and Trench 12, are both double lined and have leachate collection systems.
U.S. EPA is sensitive to the possibility that you may not wish to divulge information about historic
properties that have cultural or religious significance. The NHPA and its implementing regulations
provide protection from public disclosure of information about a historic property that might result in
harm to the property, a significant invasion of privacy or impediments to traditional religious practices at
a site. Therefore, U.S. EPA is open to working with you in a manner that meets concerns that you may
have regarding the sensitivity of information. For those properties that are determined to be "historic
properties" under the NHPA, U.S. EPA would like to initiate consultation with you on possible measures
to avoid or minimize potential adverse effects to such properties.
If you are interested in participating in this process or have any information on cultural resources near our
project site, please let us know via phone, email (see below) or by mail within 30 days of receipt of this
letter.
Thank you for assisting us with our NHPA compliance. If you have any questions regarding this request,
please feel free to have your staff contact Ron Leach, RCRA Facilities Management Office, at (415) 972-
3362 or by email at leach.ronald@epa.gov. U.S. EPA looks forward to working with you on this matter.
Sincerely,
Kjeir scon, uirector
Waste Management Division
¦Jeff Scott, Director
Enclosure
cc: Tansey Smith, Inter-Tribal Council of Nevada
-------
fMi UP ttV i< ^
' ^ -** -TTr' a
fx
/ «* Tiiijd
a \ i4tea
v v X
Ww ^3P"
\
>
1 U-^\
V jT" >
i
/
1 US ! r<» Ij'i M
«4
\
\
A
\
lmm Mlttes
_. , _., , ., .. .,_ _ ,, , 7.5" topographic map (Carrara Carivon Quadrangle)
Figure 1. Site Location Map, US Ecology Nevada
-------
Appendix E
Environmental Justice Considerations for Renewal and
Modification of PCB Approval for the US Ecology Facility,
Beatty, Nevada
-------
(ssb)
Kay
January 20, 2010
From:
To:
Through:
Subject:
Environmental Justice ("EJ") is one factor that the United States Environmental Protection
Agency ("U.S. EPA") must consider when taking an action such as making a permit decision.
This is mandated 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
arising from a permitting context, the key question is whether there is any basis to believe that
the operation of the facility pursuing the permit modification or renewal might have a
disproportionate impact on a minority or low-income segment of an affected community.
The decision being considered by Region 9 is whether to renew and modify an existing
Approval (i.e., a permit) that would allow the US Ecology, Nevada facility (the "Facility") to
continue to store, manage, and dispose of polychlorinated biphenyl ("PCB") waste pursuant to
the Toxic Substances Control Act ("TSCA"). The Facility is located in the Amargosa Desert on
an 80-acre site near Highway 95 about 100 miles northwest of Las Vegas, Nevada. Beatty,
Nevada, the closest municipality, is located approximately 11 miles northwest of the Facility.
The Facility treats and disposes of hazardous waste, PCB-contaminated waste, and non-
hazardous industrial material. The Facility also acts as a storage facility for hazardous waste and
PCB-contaminated waste.
The Facility is currently operating under a Resource Conservation and Recovery Act
("RCRA") permit issued by the Nevada Division of Environmental Protection ("NDEP") to
manage hazardous waste and a separate TSCA Approval from the U.S. EPA to dispose and store
PCB waste that was issued in 1996. US Ecology has applied for renewal of the TSCA Approval,
which expired in 2001.
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION IX
75 Hawthorne Street
San Francisco, CA 94105
Ronald Leach, Environmental Engineer
RCRA Corrective Action Office (WST-5)
US Ecology, Nevada File
Cheryl Nelson, Manager dm*/? —
RCRA Facilities Management Office (WST-4)
Environmental Justice for US Ecology, Nevada, TSCA Approval Renewal
Decision
-------
EJ Evaluation
To identify and assess possible EJ concerns, I reviewed demographic data collected by the
Environmental Justice Geographic Assessment Tool ("EJGAT") and past records from public
meetings held by the NDEP related to modification of the RCRA permit. The EJGAT data are
provided in Attachment 1 and the public meeting records are provided in Attachment 2.
EJGAT
EJGAT is an interactive computer program that gathers geographic and census information
for use in assessing EJ concerns. It displays and calculates statistics on social, economic, health
and environmental indicators for a given geographic location. Assessment variables include
demographics, such as persons per square mile, per capita income, and percent below the poverty
line. U.S. EPA typically uses the statistics to assess possible EJ concerns for a proposed
regulatory action such as issuing a permit.
In sum, population data from the EJGAT indicate that there is not a disproportionately high
minority or low-income community living within a 3-mile radius of the Facility. According to
the EJGAT, a total population of 39 individuals lives within a 3-mile radius of the Facility. The
percentages of minorities and persons below the poverty level in the subject area (i.e., within a 3-
mile radius of the Facility) are both less than the percentages for similar populations in Nye
County and the State of Nevada as a whole. Specifically, the minority percentage in the subject
area is 3.6 percent while it is 14.8 percent in Nye County and 34.9 percent overall in the State of
Nevada. The percentage of persons living below the poverty level in the study area is 7.7
percent while it is 10.6 percent in Nye County and 10.3 percent overall in the State of Nevada.
Note that the EJGAT and the TSCA Permit Renewal Application (the "Renewal
Application") provide different figures for the size of the residential population living near the
Facility. The Permit Renewal Application, dated March 3, 2009, indicates that no one lives
within a 3-mile radius of the Facility and that the nearest resident lives 11 miles away in Beatty,
Nevada, whereas the EJGAT reports that 39 individuals live within a 3-mile radius of the
Facility. Because the EJGAT is based on 2000 Census figures that involve software
interpolation of census tract data, it is possible that the determination that 39 individuals live
within a 3-mile radius of the Facility may be an inaccurate statistical quirk. Regardless, the
community that lives within the subject area is (1) either very small or non-existent, and (2) not
disproportionately high in its percentage makeup of minority or low-income members relative to
the county and the state as a whole.
Public Meetings
The following public meetings to collect data on communities of concern were held for
modifications to the RCRA permit:
• May 3, 2006 - No members of the public attended the meeting
• August 20,2007 - No members of the public attended the meeting
-------
• November 5,2007 - Two community members (both from Beatty, Nevada) attended
the meeting; one was a newspaper reporter; neither had any questions on the permit
modification
• June 2, 2008 - No members of the public attended the meeting
Conclusions
Environmental Justice does not present a significant concern for U.S. EPA with respect to its
decision-making on the potential renewal and modification of the TSCA Approval for the
Facility. This conclusion is based on demographic information obtained from the EJGAT and on
historical records of attendance at public meetings for modifications to the hazardous waste
management permit for the Facility. Despite ample opportunity, EJ issues have never been
raised by the local community, and the area near Beatty, Nevada has no past history of EJ
concerns. Demographic data from the EJGAT and the Renewal Application indicate that there is
no disproportionately high percentage of minority or low-income individuals who reside within a
3-mile radius of the Facility - indeed, it is possible that there are no residents of any kind living
within a 3-mile radius of the subject area. Any adverse environmental or human health impacts
theoretically arising from the modification or renewal of the TSCA Approval is thus not
expected to have a disproportionate impact on any minority or low-income populations.
-------
Attachment 1
Environmental Justice Geographic Assessment Tool
US Ecology, Nevada Facility
January 2010
-------
At a s.i
11 ®
U.S. ENVIRONMENTAL PROTECTION AGENCY
Environmental Justice Geographic Assessment
Tool
US Ecology, Nevada - 3 mile radius
Processed June 9,2009 by RL
County and State Comparison
Overview
i
Study
Area
NYE County,
NV
NEVADA ¦
Total Persons:
39
32485
1998257
Pooulation Density:
1.39 /sq mi
1.79/sq mi
18.19 /sq mi
i Percent Minority:
3.6%
14.8%
34.9%
Persons Below Poverty Level-
3 (7.7%)
3454(10.6%)
205685 (10.3%)
Households in Area:
18
13309
751165
1 Households on Public
(Assistance:
0
470
17647
iHousing Units Built <1970:
9%
12%
18%
Housing Units Built <1950:
5%
4%
3%
Race
(* Columns that add up to 100% are highlighted)
Race Breakdown
Study Area
NYE County, NV-,
NEVADA
White:
39
...
(100.0%)
29153
(89.7%)
1503083 (75.2%),
African-American:
0
(0.0%)
309
(1.0%)
132490(6.6%) ;
Hispanic-Origin:
1
(3.6%)
2686
(8.3%) :
393539(19.7%)
Asian/Pacific Islander:
0
(0.0%)
235
(0.7%) ;
89121 (4.5%) ;
American Indian:
0
(0.0%)
732
(2.3%)
26485 (1.3%) :
Other Race:
0
(0.0%)
935
(2.9%)
158101 (7.9%) :
Multiracial:
0
(0.0%)
1042
(3.2%) ,
8ii7i (4.1%)•
-------
Age
(* Columns that add up to 100% are highlighted)
jAge Breakdown
Study Area
NYE County,
NV
NEVADA" •
IChild 5 vears or less:
(Minors 17 vears and
iYouneer:
Adults 18 vears and older:
(Seniors 65 vears and older:
3 (6.8%) ;
10 (25.3%)
2287 (7.0%)
174857(8.8%) :
509731 (25.5%)
7606 (23.4%)
29 (74.7%)
4 (10.0%)
24879 (76.6%)
1488526 (74.5%)
5945 (18.3%)
218497 (10,9%)
Education
Education Level (Persons 25 &
[older)
ILess than 9th grade:
Study Area
|9th -12th grade:
jHigh School Diploma:
[Some College/2 vr:
B.S./B.A. or more:
NYE County,
m
(3.9%)
(7.3%)
16 (55.9%)
6 (22.6%)
NEVADA
954 (4.4%)
3868 (17.7%)
9575 (43.7%)
5170 (23.6%)
2 (8.7%)
Language
2343 (10.7%)
84237 (6.9%) ;
169137 (13.8%)
384270 (31.3%)
353797 (28.8%)
237875 (19.4%)
Ability to Speak English
Population Age 5 and Over:
¦Speak only English:
jNon-English at Home:
Study Area
NYE County, NV
NEVADA •
37
30602
1853720
37 (98.7%)
0 (0.0%)
27840 (82.5%)
1425748 (59.7%)
2762 (8.2%) !
427972 (17.9%)
Speak English very well:
jSpeak English well:
0 (0.0%)
0 (0.0%)
1913 (5.7%) i
220285 (9.2%) .
470 (1.4%) '
100717(4.2%)
(Speak English not well:
jSpeak English less than well:
0 (0.0%)
0 (0.0%)
233 (0.7%)
379 (1.1%) '
75284 (3.2%)
106970(4.5%)
'Speak English not at all:
0 (0.0%)
146 (0.4%) ;
31686 (1.3%)
SOURCE: U.S. Bureau of the Census
Data represents population and housing statistics by county for Census 2000.
-------
Attachment 2
Public Meeting Records
US Ecology, Nevada Facility
January 2010
-------
Page 1 of 1
Sree Kailash
From: Bob Marchand [BMARCHAND@usccology.com]
Sent: Tuesday, June 03,2008 7:55 AM
To: Mike Leigh; Sree Kailash
Cc: Scott Wisniewski
Subject; Class 3 Modification Request - Final Cover Design Public Meeting
Mike/Sree:
In accordance with 40 CFR§270.42(c)(4) a properly noticed public meeting was held yesterday evening at
6:00 pm at the Beatty, NV Community Center, The public meeting was held regarding the pending Class 3
Permit modification request for the final cover design for Trenches 11 and 12 at the US Ecology Nevada
facility located near Beatty, NV. No members of the public attended the meeting and the meeting was
adjourned at 6:30 pm.
Please give me a call if you have any questions.
Thanks,
Bob Marchand
6/3/2008
-------
Page 1 of 1
Sre© Kailash
From: Scott Wisniewski [swisniewskl@usecology.oom]
Sent: Thursday, November 15, 2007 10:09 AM
To; Sree Kailash
Subject: US Ecology Public Meeting
cJLam
Sree
This email is to inform you (hat on Monday November 5, 2007 US Ecology held a public meeting to discuss the
Class 3 permit modification request which covers the future expansion of Trench 12. The meeting was held at the
Beatty Community Center in Beatty, NV.
Representing US Ecology at the meeting was myself, Mark John (Operations Manager) and Joannie Jgrvis
(HR/Office Manager), A total of two private citizens attended the meeting, Both attendees were residents of the
town of Beatty with one being a contract reporter for the Pahrump Valley Times. The second resident was new to
the town of Beatty and was primarily interested in general operations of the US Ecology- facility. Neither of the
attendees had any questions or concerns regarding the Class 3 permit modification,
If you have any questions regarding the public meeting please contact me,
Thank you.
Scott Wisniewski
US Ecology Nevada
Environmental Compliance Manager
(775) 553-2203 X 127
11/28/2007
-------
Page I of I
Sree Kailash
From: Bob Marchand [BMARCHAND@usecology.com]
Sent; Tuesday, August 21,2007 9:01 AM
To: Sree Kailash
Cc: Scott Wisniewski; Richard O'Hara; Marisa Quinn
Subject: Class 2 Permit Modification August 20,200? Public Meeting
cjUM 2.
Sree:
As outlined in our public notice associated with the pending Class 2 Permit Modification Request to add three
additional monitoring wells associated with Trench 12, we conducted a public meeting August 20,200? beginning
at 6:00 pm. US Ecology representatives (including myself) were present beginning at 5:50 pm until 6:30 pm. No
members of the public arrived to participate in the meeting,
If you have any questions or require any additional information regarding this subject please contact me,
Thank you,
Bob Marchand
General Manager
US Ecology Nevada, Inc.
P.O. Box 578
Beatty. NV 89003
(0) (775) 553-2203 x1Q4
(f) (775) 553-2942
8/21/2007
-------
US Ecology 800/239-3943
P.O. Bo* 578 775/553-2203
Bsatty, Nevada 80003 Fax: 775/553-2742
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RCRA Facilities Branch Supervisor £ (vvTQaaJLL t
Bureau of Waste Management A '
Nevada Division of Environmental Protection
901 South Stewart Street, Suite 4001
Carson City, NV 89701-5249
Attn: Mr. Jeff Denison, P.E,
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RE; US Ecology Nevada, Inc. Permit No. NEVHW0019 EPA ID #NVT 330 010 000
Results of Public Meeting Held May 3,2006
Dear Mr. Denison;
US Ecology Nevada proposes to construct a 150-foot by ! 75-foot Container and Tank Management Building at
the Beatty, Nevada Hazardous Waste Management Facility. Draft permit modification information was submitted
to NDEP on April 3,2006,
A public notification regarding this modification was published in the Pahrump Valley Times newspaper on
April 7, and April 12,2006. Proof of the public notification publication was provided to NDEP m a
correspondence dated April 14,2006.
A public meeting was held on May 3,2006, at 6:00 pm at the Beatty Community Center. There were no
attendees at the meeting. Additionally, there have been no written comments received by USEN.
All documents associated with this modification are available at the facility for public review.
Should you have question? regarding this information, please contact Mr, Bob Marchand (extension 104) or
myself (extension 103) at 800-239-3943.
Sincerely,
3^
Mark John
Environmental Compliance/H&S Manager
o«; Ms. Paula Bissort Toxic Management Section Chief - U.S. EPA Rcgiftrt 9
Mr. Rohert Mwchand, Gawril Manager«US Ecology Nevada
Mr. Richard O'Uira. tnvjronmenUl Health & Safety Director. American Ecology
Fiic
. > Certification
I certify under pen it try of Lip that this document and *(t ictaafimenfat were prepared under my direction or sopcrvialar* in accordance w'ih r system desisted In
assure that qtialtfifldf ^cnionrcl proper!)' gather and evaluate flu? iflfbrmitriofi Mibmtfrcd. Based an my inquiry nf the person t* pefsona who mma/ie the $y«tcm,
ihwc pononj directly rciipon*«1iIc for jtitheHna; ihe mfefBMtion, ihc iitfonmttim subrtii ncd Jr. io rit# bei? of my knowledge iw4 belief trite, accurate and complete.
! rnn aware that rh«* m M-piifieaiit paiMm for JtiSmitlifis: false infoimiuion, imiMiift ttw poutWIily offine a«S imprisonment. for Howmg viotatiam,
Signed:
re *'pnificflnr PCTaJi* for mbwlttinji false mfomniiott. irdud.'nn tin poutWIiiy effine «*t imp
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