Final Statement of Basis
Approval for Commercial Storage of Polychlorinated
Biphenyls
Veolia Environmental Services Technical Solutions, LLC
Phoenix, Arizona
EPA ID: AZ0000337360
Issued by
Environmental Protection Agency, Region 9
San Francisco, California
September 30, 2015
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TABLE OF CONTENTS
1. Executive Summary 1
2. Introduction 2
3. Public Participation for Approval 2
4. Facility Description 3
5. Final Decision 5
6. PCB Unit Descriptions 5
7. Required Regulatory Determinations for Storage of PCBs 5
8. Use of Omnibus Provisions 8
9. Other Requirements 9
Figures
Figure 1 - Veolia Site Vicinity Map
Figure 2 - Veolia Site Boundary
Figure 3 - PCB Storage and Processing Areas
Appendices
Appendix A - Justification for use of Omnibus Provisions
Appendix B - EPA Endangered Species Act Determination
Appendix C - EPA National Historic Preservation Act Determination
Appendix D - EPA Region 9 Environmental Justice and Permitting Implementation Plan
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1. Executive Summary
The United States Environmental Protection Agency, Region 9 (EPA) has requested public
comment on its proposal to renew and modify an Approval for Veolia Environmental Services
Technical Solutions, L.L.C. (Veolia), as facility operator, to continue to operate a commercial
polychlorinated biphenyl (PCB) storage facility in Phoenix, Arizona. This Statement of Basis
(SB) presents the terms of the Approval and EPA's rationale for its issuance. Consistent with
Section 106 of the National Historic Preservation Act (NHPA), EPA has also requested public
comments on its determination that historic properties will not be affected from the renewal
and modification of the Approval for Veolia to store PCBs.
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",
which is essentially the equivalent to a permit. EPA follows a similar administrative process
for Approval issuance, renewal and modification as a permit. The Approval allows for
continued storage of PCBs.
The Approval is based on the written renewal application titled "TSCA Section 6(e) PCB
Commercial Storage Renewal Application, Revision 10" revised in June 2015 (Renewal
Application).
Veolia previously operated under an approval to manage PCB wastes issued by EPA in 1994
(1994 Approval). The 1994 Approval was issued to Salesco Systems USA, Inc. Arizona
(Salesco). In May 2000, Salesco sold their assets to Superior Special Services, Inc. (SSS).
On January 1, 2003, SSS changed its name to Onyx Special Services Inc. (OSS). On January
1, 2005, facility ownership was transferred from OSS to Onyx Environmental Services,
L.L.C. (OES). On July 1, 2006, OES officially changed its name to Veolia. Applications to
renew the 1994 Approval were submitted by: Salesco in December 1999; SSS in September
2001; OSS in April 2003 and April 2004; OES in October 2005; and Veolia in 2009. Veolia
submitted subsequent revisions in 2010, 2011, 2012, and 2013. The revisions were later
superseded by Veolia's June 2015 Renewal Application. Veolia was permitted to operate
under the 1994 Approval until EPA made a final decision.
For the reasons set forth in this SB and the Approval, EPA has concluded that PCB operations
at Veolia do not pose an unreasonable risk of injury to human health or the environment.
EPA made a final decision on the Renewal Application after considering public comments.
A 45-day public comment period began on June 15, 2015 and ended on July 29, 2015. All
comments were submitted to EPA during the public comment period.
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2. Introduction
This SB explains and justifies EPA's decision to issue a TSCA Approval for Veolia, located
at 5736 West Jefferson Street, in Phoenix, Arizona (Facility), for the storage for disposal of
PCBs with concentrations of 50 parts per million (ppm) or greater.
Documents in the appendices to this document help support the justification for issuance of a
TSCA Approval to Veolia. These documents are organized in the following manner:
• Appendix A: Justification for use of Omnibus Provisions
• Appendix B: EPA Endangered Species Act Determination
• Appendix C: EPA National Historic Preservation Act Determination
• Appendix D: EPA Region 9 Environmental Justice and Permitting Implementation
Plan
3. Public Participation for Approval
EPA requested public comment on its proposed decision for the Veolia Facility in Phoenix,
Arizona. Consistent with the NHPA, EPA also requested public comment on its
determination that historic properties will not be affected from the renewal and modification
of the Approval for Veolia to store PCBs.
EPA issued a public notice and fact sheet announcing a 45-day comment period. The public
notice was published in two local newspapers; Prensa Hispana on June 11 and the Phoenix
Arizona Republic on June 13, 17 and 19. The public comment period began on June 15, 2015
and ended on July 29, 2015.
Comments were submitted to EPA during the 45-day public comment period over the phone
and in writing via email. The public meeting and hearing was held on July 15, 2015 from
6:00 pm to 8:00 pm at the Desert West Community Center, located at 6501 West Virginia
Street, Phoenix, Arizona 85035. No comments were submitted during the public meeting and
hearing.
Comments over the phone and written comments were received on or before July 29, 2015
and were sent to the EPA project manager below:
Cynthia Ruelas, Project Manager (LND-4-2) Phone number: 415-972-3329
US Environmental Protection Agency Fax number: 415-947-3528
75 Hawthorne Street Email: ruelas.cvnthia@epa.gov
San Francisco, CA 94105
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The public was also able to review the Administrative Record (AR) which contains the
documents and information that EPA considered in proposing to renew and modify the Veolia
Approval. The AR is physically located at the EPA Region 9 Office, 75 Hawthorne Street,
San Francisco, CA 94105.
A local information repository containing the most pertinent documents and an index of the
AR was located at the Phoenix Public Library, Desert Sage Branch, 7602 West Encanto
Boulevard, Phoenix, Arizona 85035, during the 45-day public comment period. If a document
listed in the index of the AR was not able to be found at the Phoenix Public Library, Desert
Sage Branch, community members were informed that they could call EPA project manager
Cynthia Ruelas at (415) 972-3329, and a copy would immediately be made available.
The most pertinent documents used in the decision making process can also be found on
EPA's website at http://www.epa.gov/region9/pcbs/disposal/veolia
4. Facility Description
Facility Location
The Veolia Facility is located at 5736 West Jefferson Street in Phoenix, Arizona, at
approximately -112°12'01" west longitude and 33°26'46" north latitude in the southwest
quarter of the northwest quarter of Section 8, Township 1 North, Range 2 East of the Gila and
Salt River Base and Meridian. The Facility is approximately six miles west of downtown
Phoenix and one mile south of Interstate 10 (1-10), as depicted in Figure 1. Veolia is now
located within the Industrial Westgate Center, which began development in 1984. The
property is currently zoned by the City of Phoenix as A-l: Light Industrial, and is
predominantly surrounded by other industrial facilities.
Facility History
Prior to development, the property and surrounding area was used for agricultural purposes.
The Facility began waste handling operations in 1991. The property is currently owned by
Jewel Investment Company of Phoenix, Arizona (Jewel Investment). Jewel Investment has
owned the property since 1994, and currently leases the Facility to Veolia on a month-to-
month basis. Salesco initiated waste reduction and recycling activities at the Facility in
October 1991. Salesco was issued the initial TSCA Approval for PCB-related operations in
1994. Salesco conducted similar waste management activities that currently take place at
Veolia. Ballast processing, which involves disassembly of PCB-containing ballasts, also took
place at the Facility beginning in 1994. PCB ballast processing no longer takes place at the
Facility; however, Veolia still receives and stores PCB and non-PCB ballasts within areas
designated for PCB storage. Veolia was authorized to operate under the 1994 Approval until
EPA made a final decision.
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PCB Operations
The Facility boundary consists of 2.67 acres (Figure 2), and four main buildings, which are
approximately 8,336 square feet (ft2), 8,036 ft2, 8,336 ft2, and 8,036 ft2, respectively. There
is also an approximately 990 ft2 hazardous waste storage building on the northwest corner of
the property. PCB activities take place in Buildings 2, 3, and 4.
Each of the four main buildings have associated truck wells, which slope to the north towards
each building's roll-up doors, to assist with loading and off-loading of containers or
equipment. The outdoor area contains berms alongside each building in the vicinity of the
truck wells. These outdoor berms serve as stormwater run-off control, and also minimize the
chances that any accidental spill might enter the parking lot area. The Facility is secured
along the perimeter of the property; it is enclosed by exterior building walls, masonry block
walls, or chain link gates. The masonry walls are topped with rolled barbed wires and/or razor
wire. During non-operating hours, the Facility is locked and a security system is activated.
The Facility conducts the following activities for PCB and PCB Items: manifest management;
recordkeeping; transportation; receipt; storage; processing, which involves draining and
flushing of PCB Equipment; decontamination/recovery of metals; and shipment for off-site
recycling or disposal. Other than transportation, these TSCA activities currently take place
in Buildings 2, 3, and 4.
PCBs stored in Building 2 are stored in a pod storage area and curbed area, which serves as
secondary containment. A PCB receiving area is also located in Building 2. Building 3 has
a large curbed area where storage and processing of PCBs take place. Building 4 has a small
pod for PCB storage. Figure 3 depicts the designated receiving, storage and processing areas
in Buildings 2, 3, and 4. Veolia's permitted capacity for the entire Facility is 218 cubic yards
(44,190 gallons) of PCBs.
Regulatory Summary
There are other non-TSCA units within the Facility that are separately permitted by the State
of Arizona to store, treat and dispose of non-PCB hazardous waste under the Resource
Conservation and Recovery Act (RCRA). The Arizona Department of Environmental Quality
(ADEQ) regulates the RCRA-related activities at the Facility. The Facility is currently
managing hazardous waste under a 2006 RCRA permit issued by ADEQ. Veolia has been
managing PCB waste under a separate TSCA Approval that was issued by EPA in 1994 and
expired in 1999. Veolia was authorized to continue operating using the 1994 Approval until
EPA made a final decision.
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5. Final Decision
EPA's final decision authorizes Veolia to store PCB wastes for disposal at the Facility as
described in the table below:
Table 1
Approved PCB Units and Maximum Capacities
Unit Name
Maximum Unit
Storage Capacity
Maximum Total Storage Capacity
Building 2 Storage Pod
41.59 cubic yards
(8,400 gallons)
218 cubic yards
(44,190 gallons)
Building 2 Curbed Storage Area
20.79 cubic yards
(4,200 gallons)
Building 3 Curbed
Storage & Processing Area
228.76 cubic yards
(46,200 gallons)
Building 4 Storage Pod
16 cubic yards
(3,232 gallons)
The Maximum Total Storage Capacity is less than the sum of the storage capacities of each unit.
The units at the Facility being approved under TSCA for storage of PCBs are shown in Figure
3, PCB Storage and Processing Areas.
6. PCB Unit Descriptions
The Facility consists of 4 warehouse buildings and a hazardous waste storage structure (see
Figures 1 and 2). Building 1, located on the western part of the property, and the hazardous
waste storage structure, located on the northwestern part of the property, are both used
primarily for RCRA activities. RCRA activities at the Facility are overseen by ADEQ.
Building 2 is used for PCB storage. Building 3 is used for storage and processing of PCBs.
Building 4 has a small storage unit for storage of PCBs. PCB activities in these buildings are
regulated by EPA. Figure 3 provides a map of areas within Buildings 2, 3, and 4 that are
designated for PCB receiving, storage and processing.
7. Required Regulatory Determinations for Storage of PCBs
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 Veolia to store PCBs and PCB Items at the Facility. EPA's findings for each requirement
are discussed below:
a. Personnel Requirements
In accordance with 40 C.F.R. § 761.65(d)(2)(i), Veolia, its principals, and its key
employees responsible for the establishment and operation of the commercial storage
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facility are qualified to engage in the business of commercial storage of PCB waste. This
finding is based on EPA's evaluation of the experience of the personnel that manage the
Facility, as stated in the resumes presented in Appendix B of the Renewal Application.
This finding is also based on the Facility's compliance with the worker training program
as described in Appendix D of the Renewal Application. The Renewal Application is
presented in Appendix B of EPA's Approval for Commercial Storage of Polychlorinated
Biphenyls for the Veolia Facility, dated September 30, 2015.
b. Facility Capacity Requirements
In accordance with 40 C.F.R. § 761.65(d)(2)(ii), the Facility possesses the capacity to
handle the quantity of PCB waste which Veolia has estimated will be the maximum
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 Appendix C of the Renewal
Application.
c. Certification of Compliance with Storage Facility Standards
In accordance with 40 C.F.R. § 761.65(d)(2)(iii), Veolia 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 1.2 of the Renewal Application.
d. Closure Plan Development
In accordance with 40 C.F.R. § 761.65(d)(2)(iv), EPA finds that Veolia 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 EPA's evaluation of Appendix
E of the Renewal Application.
As required by 40 C.F.R. § 761.65(e), the Closure Plan includes a description of closure
activities for the PCB storage areas, an estimate of the maximum amount of waste that may
be stored at the Facility, a detailed description of the steps necessary to decontaminate PCB
waste residues, and a schedule for closure of each area of the Facility where PCBs were
stored or handled. Since this is not a disposal facility, there is no potential for post-closure
releases of PCBs.
e. Demonstration of Financial Responsibility for Closure
In accordance with 40 C.F.R. § 761.65(d)(2)(v), EPA finds that Veolia has included in the
Renewal Application a demonstration of financial responsibility for closure that meets the
financial responsibility standards of 40 C.F.R § 761.65(g). This finding is based on
Appendix E of the Renewal Application. Veolia is utilizing "Letter of Credit" as described
in 40 C.F.R § 761.65(g)(4).
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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 human health or the environment.
This finding is based on EPA's evaluation of the Renewal Application. This document is
included in the AR, which is available for public review as discussed in Section 3 of this
SB.
Operation of the Facility, consistent with the requirements set forth in the Approval, will
ensure that the Facility does not pose an unreasonable risk to human health. The major
pathway for exposure of nearby communities is through the release and migration of liquid
PCBs. The enforceable operational provisions of the Approval, along with the design of
the Facility (which includes secondary containment areas in PCB storage and processing
areas for potential spills), ensures that any spills would not migrate offsite.
Moreover, no treatment of PCBs takes place at the Facility. PCB Items are processed,
which involves draining, flushing, and decontamination of certain PCB Items. In the event
that a primary container is compromised during processing activities, the PCBs would be
controlled within the secondary containment area. Also, PCBs have limited volatility,
which eliminates another potential pathway for human exposure.
The Facility has 11 dry wells; 4 dry wells are located in the outdoor storage yard; 4 drywells
are located within the truck wells; and 3 dry wells are located in the parking lot in the
southern part of the Facility (see Figure 5 of Veolia's Renewal Application). The dry wells
in the outdoor storage yard and truck wells are sealed. These dry wells were sealed by
grouting the well lids in-place. Storm water run-on in the areas where the sealed dry wells
are located cannot enter the subsurface. Instead storm water is retained on-site. Storm
water that accumulates in these areas either evaporates, or may be pumped out if there is a
significant rain event. The dry wells in the parking lot located on the south side of the
Facility are separated from the operations area of the Facility by berms. The bermed areas
along the buildings help further prevent accidental releases that may occur in the operations
area of the Facility from entering the dry wells in the parking lot. Also, during transfer of
PCB liquid waste from totes in Building 3 to tanker trucks, the dry wells in the parking lot
are covered with impermeable material over or around the drywells to further ensure that
there are no spills or releases of oil into the dry wells. The Facility has developed a
Standard Operating Facility (SOP) for transfer of PCB oils from portable totes to tanker
trucks (Appendix D of the Renewal Application). Each tanker truck driver transferring
PCB liquids must read and sign off on the SOP. These measures help ensure that PCBs
that may be accidentally released at the Facility do not enter into the subsurface.
There is no other reasonably identifiable pathway of exposure to residents beyond the
Facility boundary.
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Workers at the Facility are protected through training programs, personal protective
equipment, and a decontamination station that is used when entering or exiting the storage
and processing area in Building 3. The Facility Spill Prevention Control and
Countermeasures Plan contains the procedures and protocols to adequately address any
accidental spills of PCBs.
Finally, based on the Facility location (light industrial development zone), EPA has
concluded that continued operation of the Veolia Facility will not pose any significant risks
to the local environment and wildlife. Accordingly, EPA has made a "no affect
determination" under the Endangered Species Act regarding the management of PCB
wastes at the Facility, as allowed in the Approval. EPA's determination was updated based
on a public comment received by a representative from the US Fish and Wildlife Services
(USFWS) during the public comment period. EPA's revised 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 Veolia, its principals, and its key employees do not constitute a sufficient
basis for denial of approval because they do not demonstrate an unwillingness or inability
to achieve and maintain compliance with the regulations. This finding is based on EPA's
evaluation of the information contained in Section 2.3 of the Renewal Application, as well
as the results of TSCA inspections conducted. Violations found during previous
inspections have been corrected. All other available evidence demonstrates that the
Facility is in compliance with its current Approval and the TSCA PCB regulations at 40
C.F.R. Section 761, and that the history of violations does not serve as a sufficient basis
for denial of the Approval.
8. Use of Omnibus Provisions
The TSCA regulations at 40 C.F.R. § 761.65(d)(4)(iv) and 40 C.F.R. § 761.75(c)(3)(ii) allow
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." For example, the Approval requires periodic sampling
in Buildings 2, 3, and 4. This requirement helps to ensure that accidental spills of PCBs are
detected and adequately cleaned up in a timely manner.
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 Veolia Approval are provided in Appendix A.
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9. Other Requirements
In addition to TSCA and the regulations at 40 C.F.R. § 761, EPA must ensure compliance
with other requirements prior to issuing a TSCA Approval to manage PCBs. These other
requirements include Section 106 of the NHPA, Environmental Justice per Presidential
Executive Order 12898, and Section 7 of the Endangered Species Act. EPA has evaluated the
Renewal Application and its supporting documents and determined that the issuance of the
TSCA Approval for the Veolia 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 EPA for the renewal
and modification of the TSCA Approval for Veolia to manage PCB wastes at the Facility.
The requirements apply because issuance of the Approval is an "undertaking" pursuant to
the NHPA.
As part of the Section 106 review process, EPA searched for historic and/or culturally
significant properties near the Facility, and consulted with 10 local Indian tribes that may
be affected by this undertaking. Those efforts did not yield any information on religious
or culturally significant sites within the Facility. Thus, EPA has made a determination of
"no historic properties affected" for this undertaking. The Arizona State Historic
Preservation Officer provided concurrence on this finding. EPA's determination can be
found in Appendix C.
b. Environmental Justice
Environmental Justice (EJ) is one factor that EPA considers when taking an action, such
as making an Approval decision. This is done in accordance with 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 order to evaluate and address possible EJ concerns
during the permit application process,1 EPA first considers whether there is any basis to
believe that the facility pursuing an Approval may be located in an overburdened
community. In overburdened communities, EPA promotes the consideration of
1 An "environmental justice concern" is the actual or potential lack of fair treatment or meaningful involvement of
people, including minority populations, low-income populations, and indigenous populations, in the development,
implementation, or enforcement of environmental laws, regulations, and policies.
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environmental justice concerns by enhancing the community's ability to participate fully
and meaningfully in the permitting process.
Environmental Justice Screening
In accordance with EPA Region 9's Regional Implementation Plan (Appendix D), EPA
uses EJSCREEN, a nationally consistent EJ screening tool. This tool compares
communities to the national average and provides a preliminary assessment of the
combination of demographic and environmental data at the Census block group. The goal
of EJSCREEN's assessment is to identify communities where additional review or
considerations for potential EJ concerns may be warranted. EJSCREEN identified the
community surrounding the Facility as a place where additional review for EJ concerns is
warranted. The screening results indicated that the census block group that the facility falls
in, according to 2010 census data has 1,796 people where 89.7% are minority. The three
block groups that are just west of the site all have minority percentages greater than 90%.
The percent minority for the city of Phoenix is 34.1% and for the state of Arizona is 27%.
The communities surrounding this facility far surpass the city and state minority
percentages. The American Community Survey (conducted by the US Census Bureau to
collect data over a series of years) 2006-2010 shows that the median household income for
the census block group is $29,964, well below the median household income for Phoenix
($48,823) and Arizona ($50,488). Additionally, according to the ACS data, the percent
linguistically isolated (no one in the household over the age of 14 speaks English well) is
16.2%). Therefore, the community surrounding the Facility is of potential EJ concern based
on minority, income, and linguistic isolation data. EJSCREEN results were used to
determine whether enhanced outreach is warranted for this Approval decision.
Community Risk
PCBs are a class of toxic chemicals that are carcinogenic and may cause other harmful
non-cancer effects on the body. The main risk posed to the community from continued
storage of PCB waste at the facility is from the potential migration of PCB waste beyond
the Facility boundary if spills occur and are not properly contained and remediated. To
address this risk, EPA has included Approval conditions which serve to minimize the
potential for a PCB release to the environment and mitigate any impacts to the surrounding
community and environment in the event that one does occur. These requirements include:
• Facility design requirements preventing exposure of PCB waste to external elements
and physical containment of PCB waste in the event of a spill
• Training and operational requirements designed to minimize unsafe handling of PCB
waste including regular inspections of waste in storage
• Requirements regarding emergency procedures
• Spill cleanup and decontamination requirements
• Notification requirements for spills and emergencies
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• Required emergency equipment and maintenance
Outreach Activities and Community Engagement
After reviewing EJSCREEN results and other information about the community, EPA
determined that enhanced outreach for this Approval decision is warranted. Consequently,
EPA conducted outreach activities beyond those required for the Approval process, as
specified in 40 C.F.R. § 124. This outreach attempted to inform the community about the
Approval application earlier in process, make information more accessible to the
community, establish a point of contact for the community, and gauge community interest.
The following outreach activities were conducted during the Renewal Application review
phase of the process:
• A community informational fact sheet was mailed to 1000+ residents, local
government, and community organizations in February 2013. This fact sheet was
written in plain language and provided information about the facility, PCBs, the
Renewal Application, and resources for more information. A version of the
community information fact sheet translated into Spanish was also provided.
• A website was created to provide background information on EPA's involvement at
the facility and serve as an access point for Approval documents. This website can be
accessed at http://www.epa.gov/region9/pcbs/disposal/veolia.
• An information repository was set up during the 45-day public comment period, at the
Phoenix Public Library, Desert Sage Branch, located at 7602 West Encanto
Boulevard, in Phoenix, Arizona. The repository provides a physical location within
the community to view documents relevant to the Approval process.
EPA held a 45-day comment period on the proposed Approval. The public notice was
translated and published in both English and Spanish language newspapers. A fact sheet
about the proposed Approval was also provided to the community mailing list as a follow
up to the community information fact sheet from February 2013. This fact sheet was made
available at the local library and on EPA's permit webpage.2 In addition, EPA held a public
meeting and hearing in the community to discuss the proposed Approval. At the end of
the comment period, all comments from the public were considered and addressed in a
document titled: PCB Approval Decision and Response to Public Comments, dated
September 30, 2015.
2 http://www.epa.gov/region9/pcbs/disposal/veolia
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Conclusion
Due to the potential for EJ concerns during the screening process, the EPA has made a
good faith attempt to engage the community earlier in the permitting process and make
information more accessible to the community. These activities involved:
• A commitment to translating materials;
• Using plain language descriptions of the facility;
• Initiating community outreach earlier in the application review process;
• Having a single point of contact for the community;
• Using outreach methods that the community prefers; and
• Addressing specific community questions and concerns about the facility and
Approval action.
Moving forward in the Approval process, EPA will continue to conduct enhanced
community outreach as appropriate.
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 USFWS, to ensure that any action they carry out,
fund, or authorize (such as through an Approval) is not likely to jeopardize the continued
existence of a listed species or result in the destruction or adverse modification of
designated critical habitat. EPA considers issuance of the Approval to be an "action"
subject to the ESA.
EPA has evaluated the area surrounding the facility using Google Earth and the USFWS's
IPaC database, which lists Threatened and Endangered species for Maricopa County,
Arizona. In summary, the Facility and its immediate surrounding areas are completely
industrial urban, which indicates that there is no nearby habitat for special status species,
as well as no apparent mechanism by which the PCBs might be released and transported to
such habitats. Thus, EPA has made a "no affect determination" on any listed species or
designated critical habitat. Accordingly, formal consultation with the USFWS is not
required. EPA's determination can be found in Appendix B.
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Figure 1: Veolia Site Vicinity Map
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April 18, 2013
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Figure 2: Veolia Site Boundary
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5736 W. Jefferson St. Phoenix, AZ 85043
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Hazardous Waste
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Figure 3: PCB Storage and Processing Areas
Unit Type *
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Technical Solutions LLC
5736 W. Jefferson St. Phoenix, AZ 85043
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June 01, 2015
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Appendix A
Justification for use of Omnibus Provisions
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U.S. EPA Justification for Use of Omnibus Provisions in Proposed TSCA Approval
Veolia Environmental Services Technical Solutions, LLC
June 11,2015
The Toxic Substances Control Act ("TSCA") omnibus provision for storage facilities is located
at 40 C.F.R. § 761.65(d)(4)(iv). 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 "will not pose an unreasonable risk of injury to health or the
environment." U.S. EPA is including in the proposed Veolia Approval certain conditions not
specifically 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. General Approval
Conditions
IV.D.l
(Waste Management)
The proposed Approval specifies waste
acceptance procedures for incoming PCB
waste. Waste characterization is important
because it ensures that the correct wastes are
being accepted by the Facility and that they
will be subsequently disposed of offsite in
the proper manner.
IV. General Approval
Conditions
IV.E.l
(Personnel Training)
The proposed Approval requires employee
training, including Occupational Health and
Safety Administration (OSHA) classes
related to hazardous materials. Training is an
important component of hazards awareness,
safety, and emergency response.
IV. General Approval
Conditions
IV.F.l.
(Health and Safety
Requirements)
This proposed Approval requires that Veolia
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 is important especially given the
potential harm from persistent exposure to
PCBs.
IV. General Approval
Conditions
IV.G
(Emergency
Preparedness and Spill
Cleanup)
The proposed Approval requires that Veolia
implement emergency preparedness plans,
and provide notification to U.S. EPA of PCB
spills. The Renewal Application has detailed
reporting and notification procedures for
hazardous waste spill incidents. The
proposed 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 Veolia complies
with the proposed Approval conditions and
promptly responds to PCB spills and
emergencies in a safe manner.
IV. General Approval
Conditions
IV.H
(Entry and Agency
Inspection)
The proposed Approval requires that Veolia
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 and the
proposed 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 proposed
Approval and in a manner that does not
create an unreasonable risk of injury to
human health and the environment.
IV. General Approval
Conditions
IV.I.l
(General Inspection
Requirements)
The proposed Approval requires that Facility
representatives conduct to onsite inspections
of the PCB storage units. The inspections
are important for ensuring that equipment
used for communications, fire protection,
spill control and decontamination 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 so that they do not create hazardous
situations.
IV. General Approval
Conditions
IV.J
(Security)
The proposed Approval requires that Veolia
implement security systems at the facility to
prevent unauthorized access of the facility at
all times, to prevent vandalism and potential
migration of hazardous materials.
IV. General Approval
Conditions
IV.K
(Closure Cost
Estimate)
The proposed Approval requires that Veolia
maintain a closure cost estimate for the PCB
storage unit. 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
any units under U.S. EPA oversight.
IV. General Approval
Conditions
IV.L
(Financial Assurance
The proposed Approval requires that Veolia
maintain financial assurance for the closure
-------
for Closure)
of any PCB units in operation. This
proposed Approval also requires that Veolia
update the financial assurance based on the
most current cost estimate in the Renewal
Application within 30 days of EPA's
issuance of a permit decision. It is important
that funding be maintained for closure in
order to ensure that all units that manage
PCBs will be closed and maintained in a
manner 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. Veolia will have two separate
financial assurance mechanisms for RCRA
and TSCA closure.
IV. General Approval
Conditions
IV.M
(Recordkeeping and
Reporting)
The proposed Approval requires
implementation of the Recordkeeping
requirements described in the Renewal
Application, and some additional information
to supplement with what is required in the
regulations. Recordkeeping and reporting
are important because they allow U.S. EPA
to monitor activities at the Facility and check
compliance with the proposed Approval.
This U.S. EPA oversight ensures that
operations are carried out in a manner
consistent with the TSCA requirements.
V. Conditions for
Storage and
Processing of PCBs
and PCB Items
V.E.
(PCB Storage in
Containers)
The proposed Approval requires that Veolia
(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 2 foot aisle
space between stored units, and (4) operate in
a manner that protects the epoxy coating on
the floor. U.S. EPA uses the tracking
information to determine compliance with
the proposed Approval. The stacking
limitation is needed to ensure that drums are
not stacked to heights that would be
dangerous if drums fell. The 2 foot aisle
space is needed to allow for inspection of the
containers for possible leaks. Maintaining
the integrity of the epoxy is a protective
measure against migration of PCB waste in
-------
the event of a spill.
V. Conditions for
Storage and
Processing of PCBs
and PCB Items
V.E
(PCB Storage in
Containers)
The proposed Approval requires that any
container used for the storage of PCBs meet
the Department of Transportation
requirements described in 40 C.F.R. Parts
171 through 180. This is necessary in order
to prevent releases of PCBs into the
environment.
V. Conditions for
Storage and
Processing of PCBs
and PCB Items
V.G
(Sampling of PCB
Storage and Processing
Building)
The proposed Approval requires periodic
sampling in Buildings 2, 3, and 4. This
requirement helps to ensure that accidental
spills of PCBs are detected and adequately
cleaned up in a timely manner.
V. Conditions for
Storage and
Processing of PCBs
and PCB Items
V.H
(Closure of Storage
Units)
The proposed Approval requires that the
storage units be closed in accordance with
the Closure Plan in the Renewal application.
The Closure Plan must be updated to reflect
current operations prior to implementation to
ensure that storage units are closed in an
appropriate and safe manner.
VI. PCB Processing
VIC
(Draining and Flushing
of PCBs)
The proposed Approval requires that (1) all
draining of PCB equipment be done in
accordance with the procedures contained in
the Renewal Application and only in the
event that the PCB equipment is leaking, (2)
all draining operations be conducted within
sealed containment areas, (3) Veolia cleanup
and address any accidental spills of PCBs.
These requirements are necessary in order to
prevent PCB releases into the environment.
VII. Procedures to
Modify, Transfer,
Revoke, Suspend,
Deny, Continue or
Renew Approval
Entire Section VI
The proposed Approval specifies the
administrative procedures to modify,
transfer, revoke, suspend, deny, continue or
renew the proposed Approval. These
procedures are important because they
enhance U.S. EPA's ability to oversee
Facility operations and ensure that Veolia is
in compliance with the proposed Approval.
These procedures are also necessary to allow
the modification or adjustment of the
proposed 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 proposed Approval
should reflect the most current configuration
-------
and operation of the Facility. Also, the
ability to revoke or deny the proposed
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 do
not explicitly include terms covering how to
modify, transfer, revoke, suspend, deny, or
renew the proposed Approval, U.S. EPA
interprets its authority under these provisions
to issue a proposed Approval as also
providing authority to undertake these
associated permit processing actions.
-------
Appendix B
EPA Endangered Species Act Determination
-------
P Q \
I ^AiZ? * UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
\ 1 v<>
REGION 9
75 Hawthorne Street
San Francisco, CA 94105-3901
August 20. 2015
MEMORANDUM
SUBJECT:
FROM:
TO:
CC:
Veolia Environmental Services Facility. 5736 West Jefferson Street.
Phoenix Arizona TSCA PermitJJpdated EPA Endangered Species Act
Determinatiorr'~\ ; A
John Beach
Environments
senti st
Cynthia Ruelas
Permit Writer
Carrie Marr, USFWS
I understand that EPA is considering renewal and/or modification of the TSCA PCB
Approval for the subject facility. This memorandum updates the determination that I
made in 2011 that the proposed facility operations under the TSCA PCB permit will not
affect threatened or endangered species or designated critical habitat
I understand that the facility is used to store, drain and solvent-wash PCB transformers
and other equipment. I have reviewed the environmental setting for the Veolia site
using Google Earth and the US Fish and Wildlife Service {USFWS} IPaC list of
Threatened and Endangered species for Maricopa County. Arizona. My teview
indicated that the facility itself is constructed and operates in an existing industrial area
and does not contain habitat for species in the IPaC list and that the operations will not
release PCBs into the environment. Based on my review, I have determined that the
proposed facility operations under the TSCA PCB permit will have no effect on
threatened or endangered species, other species regulated by USFWS. or designated
critical habitat.
Additionally, I spoke informally with Carrie Marr of the USFWS office in Phoenix, AZ to
obtain technical assistance on my approach to the project and my conclusions.
With this determination. EPA fulfills is obligation under Section 7 of the Endangered
Species Act and does not need to consult with the US Fish and Wildlife Service in order
to issue the permit.
Please contact me if you have questions
-------
Appendix C
EPA National Historic Preservation Act Determination
-------
Bryan Martyn
Executive Director
Janice K Bmnr
Governor
t
Stat# Park#
Will## i, Armor, Jr.. W. Chair
llaria Baier State land CCMBiSSiMisf, WW CA«r
K^B«8pftlSfeirilsta
Alan Evamtt, Sedona
Larry Landry, Plftific
Wilted c. Scali©, Ptaenfx
Tractj WestBrhauwen, Plwrtix
Board Member
AZSlateParks.com
15 October 2012
Caleb Shaffer
Vf»nifi;.\er
RCRA I\idlities Ol-Hrr
United States linvironmenLiI Protection Af.encv, Region IX
>'r» I lawthoriK' Street
ban i-Yancbco, CA 94105
RH: Permit renewal lor Veolia HnvirotimeiiLi] Services I'echnieal Solutions, I,LC; ?730 West
jefterson Street, Phoenix; I I'A; 1 PA ID A/0 000 33? 360; SHI,Q-2006-1379 (108286)
t )(•,»¦ Mr. Shaffer:
Tlumk you fur uinsultlnj' with our office regarding the dhow referenced tod era 1 undertaking.
Pursuant Id 3(> C t:.R. Port 8IMJ, {he implementing regulation fur Section lOo of the Maiioiwl
1 lislnrir Preservation At1» we h.ive reviewed the documentation Mibirulted, and we concur
wilh .i finding of no historic properties affected. If you have tiny questions or concerns, then
please do not hesitate to contact me via e-mail, ehurila ""a/stotepjrkygov,, or by phone,
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Appendix D
EPA Region 9 Environmental Justice and Permitting
Implementation Plan
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EPA Region 9 Regional Implementation Plan to Promote Meaningful Engagement of Overburdened Communities
in Permitting Activities
Updated: May 1, 2013
Disclaimer: This document identifies internal recommended procedures for EPA employees who are staff or managers
developing or issuing a permit. This document is not a rule or regulation. This plan does not change or substitute for any
law, regulation, or any other legally binding requirement and is not legally enforceable. It does not impose any legally
binding requirements.
Introduction
This EPA Region 9 Regional Implementation Plan to Promote Meaningful Engagement of Overburdened
Communities in Permitting Activities describes actions EPA Region 9 can take to promote meaningful
engagement of overburdened communities in regional permitting activities.1'2 The Plan EJ 2014 Environmental
Justice Permitting Initiative promotes the consideration of environmental justice concerns in the permitting
process by: 1) enhancing the ability of overburdened communities to participate fully and meaningfully in the
permitting process for EPA-issued permits; and 2) taking steps to address environmental justice issues in the EPA
permitting process.3
Overburdened communities may experience barriers that discourage active participation in the permitting
process, such as: lack of trust, awareness or information, limited access to technical and legal resources, and
language barriers. The term "overburdened" describes minority, low-income, tribal and indigenous populations or
communities in the United States that potentially experience disproportionate environmental harms and risks due
to exposures or cumulative impacts or greater vulnerability to environmental hazards. This increased
vulnerability may be attributable to an accumulation of negative and lack of positive environmental, health,
economic, or social conditions within these populations or communities. Targeting outreach efforts to bring
overburdened communities into the permitting process can help reduce barriers to community participation, and
consequently help EPA address environmental justice concerns.
This plan provides a framework to help Region 9 conduct enhanced public outreach activities for permit
applications and renewals, to meaningfully engage overburdened communities or communities with a significant
interest in the permitting process. The types of outreach activities as well as the number of permits for which
Region 9 would conduct enhanced outreach depend on site-specific considerations and resource availability.
EPA Permits Background
Facilities are required to obtain permits from EPA or designated permitting authorities to emit or
discharge pollutants into the air or water, or manage or dispose of hazardous waste. This section provides a brief
overview of EPA permitting programs, and specifies which of these permits are generally issued by EPA Region
9 in California, Arizona, Nevada, Hawaii, the Pacific Islands, and Tribal Nations.
1 "EPA Activities to Promote Environmental Justice in the Permit Application Process" available at www.epa.gov/environmentaliustice/plan-
ei /perm itting. html.
2 EPA defines Environmental Justice as the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income with
respect to the development, implementation, and enforcement of environmental laws, regulations, and policies. Fair treatment means that no group of
people should bear a disproportionate share of the negative environmental consequences resulting from industrial, governmental and commercial operations
or policies. Meaningful involvement means that: (1) people have an opportunity to participate in decisions about activities that may affect their environment
and/or health; (2) the publics' contribution can influence the regulatory agency's decision; (3) their concerns will be considered in the decision making
process; and (4) the decision makers seek out and facilitate the involvement of those potentially affected. More information is available at:
http://www.epa.gov/environmenta1iustice/basics/eibackground.html.
An "environmental justice concern" is the actual or potential lack of fair treatment or meaningful involvement of people, including minority, low-income,
and indigenous populations, in the development, implementation, or enforcement of environmental laws, regulations, and policies.
3 Plan EJ 2014 is EPA's roadmap to integrating environmental justice into its programs and policies. More information on the Plan EJ 2014 Environmental
Justice and Permitting Initiative is available at: http://www.epa.gov/compliance/ei/resources/policy/plan-ei-2014/plan-ei-permitting-2011-09.pdf.
Page 1 of 9
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EPA Region 9 Regional Implementation Plan to Promote Meaningful Engagement of Overburdened Communities
in Permitting Activities
Updated: May 1, 2013
I. Clean Air Act
Air Permits
The Clean Air Act (CAA) gives EPA authority to regulate emissions of air pollutants. The three major
CAA air permitting programs are: preconstruction permits (also known as New Source Review permits),
operating permits (also known as Title V permits) and acid rain permits (also known as Title IV permits).4 For
sources in Indian Country, these permits are issued by EPA, and may be issued by the tribal permitting authority
upon EPA program approval or delegation. A complete list of CAA permit program delegation agreements may
be found at: http://www.epa.gov/region09/air/permit/permitdelegation.html.
A. New Source Review (NSR) Permitting Program: This program requires facilities to obtain an air permit
before starting construction or making certain modifications to the facility. The permit specifies which air
pollution control devices must be used, what emission limits must be met, and how the facility must be
operated. Three types of permits can be obtained under this program:5
i. Prevention of Significant Deterioration (PSD) Permit - This permit is required for new major sources or
major modifications to major sources in an attainment area. PSD permits may be issued by EPA Region
9 or by state or local permitting authorities.
ii. Nonattainment NSR Permit - These permits are required for new major sources or major modifications
to major sources in a nonattainment area. Nonattainment NSR permits are generally issued by state and
local permitting authorities.
iii. Minor Source Permit - This permit is for newly constructed stationary sources that do not require a
PSD or nonattainment major NSR permit, or minor changes at major sources with increases in
pollutants that do not trigger PSD or nonattainment major NSR permit. Minor source permits are issued
by state and local permitting authorities according to programs approved by EPA. Minor source
permits on tribal land are issued by EPA Region 9 or by tribal permitting authorities according to
programs approved by EPA.
B. Operating Permit Program: This program requires facilities to obtain a permit that consolidates all of the
applicable CAA requirements for a facility into one document. Operating permits are legally enforceable
documents designed to improve compliance by clarifying what facilities must do to control air pollution.
These permits may be issued by EPA Region 9 or state, local, or tribal permitting authorities.6 EPA Region
9 is the Operating Permit Program permitting authority for all sources in Indian country, except for the
Navajo reservation, where EPA Region 9 has delegated the administration of the program to the Navajo
Nation Environmental Protection Agency.
C. Acid Rain Permitting Program: This program uses a market-based approach to reduce levels of sulfur
dioxide and nitrogen oxides. Facilities own an allowance of pollution that is reflected in an acid rain permit.
Although allowances may be bought, sold, or banked, facilities may not emit at levels that would violate
federal or state limits set under CAA Title I to protect public health.7 Acid rain permits are issued by the
Title V permitting authority.
4 More information on the Clean Air Act air permitting programs is available at: http://www.epa.gov/airquality/permimp.html.
5 More information on NSR Permitting Program is available at: http://www. epa. gov/airquality/nsr/.
6 More information on the Operating Permit Program is available at: http://www.epa. gov/airquality/permits/.
7 More information on the Acid Rain Program is available at: http://www.epa.gov/airmarkets/progsregs/arp/basic.html. More information on Acid Rain
Permits is available at: http://www.epa.gov/airmarkets/progsregs/arp/permitting-factsheet.html.
Page 2 of 9
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EPA Region 9 Regional Implementation Plan to Promote Meaningful Engagement of Overburdened Communities
in Permitting Activities
Updated: May 1, 2013
II. Clean Water Act
National Pollutant Discharge Elimination System Permits
The federal Clean Water Act (CWA) requires all municipal, industrial, and commercial facilities that
discharge wastewater or stormwater directly from a point source into a water of the Unities States to obtain a
National Pollutant Discharge Elimination System (NPDES) permit. The NPDES permit program regulates point
sources that discharge directly to surface waters. Two types of NPDES permits are provided for: individual
permits and general permits. An individual permit is specifically tailored to an individual facility and is issued in
response to an application from the permitee. A general permit covers several facilities that have the same type of
discharge and are located in a specific geographic area, and individual dischargers request coverage under the
permit. The NPDES program has several program areas, which are listed in Table 1 below.
EPA can authorize states, tribes, and territories to administer the NPDES program, though the Agency
continues to perform oversight after program delegation is authorized. In Region 9, California, Arizona, Nevada,
and Hawaii issue NPDES permits for discharges in areas (other than Tribal lands) within those states. EPA
Region 9 is the NPDES permitting authority for Tribal lands in Arizona, California, Nevada, and all Navajo lands;
the Pacific Island territories of Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands;
and any discharges into federal ocean waters beyond state boundaries.
Table 1. NPDES Permit Program Areas
Source
Program Area
Municipal
Municipal publicly owned treatment works (POTWs) effluent discharges
Indirect non-municipal discharges (Pretreatment)
Biosolids (sewage sludge) use and disposal
Combined sewer overflow (CSO) discharges
Sanitary sewer overflow (SSO) discharges
Municipal separate storm sewer systems (MS4s) discharges
Non-municipal (industrial)
Process wastewater discharges
Non-process wastewater discharges
Stormwater discharges associated with industrial activity
Stormwater discharges from large construction activities
Cooling water intake structures
Concentrated animal feeding operations
Concentrated aquatic animal production facilities
Vessel discharges
Adapted from Exhibit 2-4 of t
le U.S. Environmental Protection Agency NPDES Permit Writers' Manual
(September 2010). Available at: http://www.epa.gov/npdes/pubs/pwm 2010.pdf.
III. Safe Drinking Water Act
Underground Injection Well Permits
The Safe Drinking Water Act (SDWA) requires the EPA to develop minimum federal requirements for
Underground Injection Control (UIC) programs and other safeguards to prevent injection wells from
contaminating underground sources of drinking water. In Region 9, the UIC program has been fully delegated to
Page 3 of 9
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EPA Region 9 Regional Implementation Plan to Promote Meaningful Engagement of Overburdened Communities
in Permitting Activities
Updated: May 1, 2013
Nevada, Guam, and the Commonwealth of the Northern Mariana Islands. Partial delegation has been granted to
the Navajo Nation and the California Division of Oil, Gas, and Geothermal Resources for Class II wells. EPA
Region 9 directly implements the UIC program with support from state and tribal water quality agencies in
Hawaii, Arizona, California, and in tribal lands including the Navajo Nation. EPA's regulations group injection
wells into six groups or classes (Classes I - VI):
A. Class I Injection Wells inject hazardous and non-hazardous wastes into deep rock formations isolated below
underground sources of drinking water. Class I wells are classified as either hazardous, non-hazardous
industrial, municipal, or radioactive depending on the properties of the injected fluid.
B. Class II Injection Wells inject fluids associated with oil and natural gas production. There are three types:
enhanced recovery wells, disposal wells, and hydrocarbon storage wells.
C. Class III Injection Wells inject fluids to dissolve and extract minerals (i.e., uranium, salt, copper, and sulfur)
for mining.
D. Class IV Injection Wells are used as part of EPA or state-authorized actions to clean up groundwater that is
contaminated with hazardous chemicals.
E. Class V Injection Wells inject non-hazardous waste fluids into or above underground sources of drinking
water.
F. Class VI Injection Wells inject carbon dioxide into subsurface rock formations for long-term storage, or
geologic sequestration.
IV. Resource Conservation and Recovery Act
Hazardous Waste Permits
Subtitle C of the Resource Conservation and Recovery Act (RCRA) requires owners and operators of
facilities that treat, store, or dispose of hazardous waste to obtain an operating permit to ensure that hazardous
wastes are handled safely and responsibly. Facilities that treat, store, or dispose of hazardous waste are often
referred to as treatment, storage, and disposal facilities (TSDFs). Treatment facilities process hazardous waste to
change its composition, which can enable some waste to be recovered or can reduce the amount of hazardous
waste. Storage facilities temporarily keep waste onsite until they are treated or disposed. Disposal facilities
permanently keep hazardous wastes onsite in a repository (most commonly a landfill).
In Region 9, California, Arizona, Nevada, and Hawaii have authority to enforce their own hazardous
waste program; however, EPA retains jurisdiction and authority to initiate an independent enforcement action,
pursuant to RCRA Section 3008(a) and a Memorandum of Agreement between EPA and the Region 9 states.
V. Toxic Substances Control Act
Toxic Substances Control Act Permits
The Toxic Substances Control Act (TSCA) authorizes EPA to regulate the manufacture, handling,
storage, and disposal of chemical substances, including polychlorinated biphenyls (PCBs). PCBs are synthetic
organic chemicals used in industrial and commercial products, which have a range of toxicity and persist in the
environment for many years if released. Although PCBs were banned from manufacture in 1979 and are no longer
produced in the U.S., they may be present in products and materials. Facilities that commercially store or dispose
PCBs must obtain EPA permits to ensure PCBs are handled safely and responsibly.
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EPA Region 9 Regional Implementation Plan to Promote Meaningful Engagement of Overburdened Communities
in Permitting Activities
Updated: May 1, 2013
Identifying Priority Permits Based on Environmental Justice Concerns
EPA Region 9 may conduct enhanced public outreach for EPA-issued permits where environmental
justice concerns have been identified by Region 9 or the community. Permits with activities that may pose
significant public health or environmental impacts include:
A. CAA construction permits, especially new major sources (or major modifications of sources) of criteria
pollutants;
B. SDWA Significant Underground Injection Control Program permits;
C. CWA NPDES "Major" industrial permits and "Non-Major" industrial permits that are identified by EPA on
a national or regional basis as a focus area, for:
i. New sources or new dischargers, or
ii. Existing sources with major modifications, including, but not limited to, a new outfall, a new or
changed process that results in the discharge of new pollutants, or an increase in production that
results in an increased discharge of pollutants; and
D. RCRA permits associated with new combustion facilities or modifications to existing permits that address
new treatment processes or corrective action cleanups involving potential off-site impacts.
Environmental Justice Screening
EJ screening is the use of available environmental and demographic information to highlight locations
where additional review (e.g., information collection or analysis) may be warranted. EJ screening results in a
preliminary characterization of potential impacts on the population, including low-income and/or minority
populations, and potential environmental and health impacts that may fall disproportionately on them. EPA is now
beta-testing a nationally consistent screening tool, called EJSCREEN. EJSCREEN is a geospatial tool that
contains demographic and environmental data for the United States at the census block group level. The
environmental factors include:
1. PM 2.5 Level in Air
2. Ozone Level in Air
3. Diesel Particulate Matter Level in Air
4. Air Toxics Cancer Risk
5. Air Toxics Neurological Hazard Index
6. Air Toxics Respiratory Hazard Index
7. Traffic Proximity and Volume
8. Lead Paint Indicator (% pre-1960)
9. Risk Management Plan Facility Proximity
10. Superfund Site Proximity
11. Treatment Storage Disposal Facility Proximity
12. Major Direct Dischargers to Water Proximity
In addition to environmental factors, the tool also uses two primary demographic factors, specifically,
percentage of the population that is minority and percentage of population that is and low-income. EJSCREEN
also includes information about linguistic isolation, population over age 64, population under age 5, and
population with less than a high school education. EJSCREEN also creates indexes, which combine each
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EPA Region 9 Regional Implementation Plan to Promote Meaningful Engagement of Overburdened Communities
in Permitting Activities
Updated: May 1, 2013
environmental indicator with the two primary demographic factors, to provide a measure of how much each block
group contributes to disparity between demographic groups nationwide.
Region 9 will use EJSCREEN and other readily available sources of information, including known
community concerns, during the pre-decisional screening process. As a pre-decisional tool, EJSCREEN will be
used to highlight candidates for additional review where enhanced outreach may be warranted. Additional review
includes consideration of additional available information and data unique to an area and that may capture
environmental and demographic factors more holistically. EJSCREEN is not designed to conclusively determine
whether or not disproportionately high and adverse impacts in fact exist.
In cases where EJSCREEN is not appropriate for use in screening because the relevant data were not
available for the area, the region will complete a similar screening by reviewing available demographic and
environmental data. EPA expects that in most circumstances EJSCREEN will be the appropriate tool for initial
screening.
Identifying When to Conduct Enhanced Outreach
Region 9 will generally use environmental justice screening and consider other information to determine
when to conduct enhanced outreach. Enhanced outreach includes those activities that go beyond public
involvement activities required in 40 CFR Part 124 or other applicable regulations.8 These required activities
include the following: providing public notices of the preparation of a draft permit, including a notice of intent to
deny a permit; providing a formal public comment period on the proposed permit action or the permit application;
and providing a public hearing if there is a significant degree of public interest.9
Figure 1 below provides a framework EPA Region 9 will use to determine when to provide enhanced
outreach activities for communities potentially affected by an EPA permit. The initial step of the framework is to
determine whether the facility is subject to more than one EPA permit and if so, to coordinate across the relevant
permitting programs on screening and/or outreach activities, if appropriate. The second step of the framework
involves initial screening for potential environmental justice concerns using EJSCREEN, an EPA tool that uses
environmental and demographic indices to identify areas with greater potential for environmental justice
concerns, and other readily available information. Staff may supplement EJSCREEN results with additional
information about the facility and community, including any community concerns previously raised to Region 9,
to better elucidate actual or potential environmental justice concerns. This information would subsequently be
used to determine whether enhanced outreach should be considered. The types of enhanced outreach activities to
be provided would be determined on a case-by-case basis and would depend on site-specific considerations as
well as resource availability.
Region 9 Responsibilities
The success of this plan is contingent upon the participation and coordination among Region 9 offices and
programs. This section of the plan summarizes the responsibilities different offices and programs may fulfill. Site-
specific considerations and resource availability could determine whether responsibilities are shifted or reduced.
8 40 CFR Part 124 is available at: http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&tpl=/ecfrbrowse/Title40/40cfrl24 main 02.tpl.
9 A public hearing is required only if EPA determines that there is a significant degree of public interest. One written request does not necessarily
demonstrate a significant degree of public interest. Please see 40 CFR Part 124 for more information: http://ecfr.gpoaccess.gov/cgi/t/text/text-
idx?c=ecfr&tpl=/ecfrbrowse/Title40/40cfrl24_main_02.tpl.
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EPA Region 9 Regional Implementation Plan to Promote Meaningful Engagement of Overburdened Communities
in Permitting Activities
Updated: May 1, 2013
Permit Offices
• Provide information about existing permit universes and locations of proposed EPA permit actions to
enable the EJ team to develop an internal permit tool using GIS to facilitate coordination between offices.
• Review and use the regional permit tool after an application is received to determine whether the facility
has other EPA-issued permits. If the facility has more than one EPA-issued permit, notify other appropriate
offices an application was received.
• Maintain the permits database underlying the GIS tool by adding location and type information on new
permit applications as they are received.
• Coordinate initial screening and analysis with other permit offices that have EPA-issued permits for that
facility and the EJ Program, as needed.
• Continue to lead outreach efforts and coordinate outreach activities with other permit offices, the EJ
Program, and others as needed.
EJ Program
• Develop and maintain the region's GIS-based permit tool for EPA permits based on information provided
by the permit programs.
• For permit programs with known universes of permittees, conduct batch screening using EJSCREEN; assist
permit offices with initial screening and analysis, and response to public comments, when requested.
• Facilitate coordination among the permit offices, upon request.
• Assist with outreach activities, upon request.
• Follow up on community concerns raised to EPA during the permit process and coordinate with external
agencies, as appropriate.
• Coordinate with permit offices, the Tribal Programs Office, the Pacific Islands Office, and others to review
and update this plan, as appropriate.
Tribal Programs Office and Pacific Islands Office
• For EPA permit actions in Indian country and the Pacific Islands with the potential to cause
environmental justice concerns, the Tribal Programs Office and Pacific Islands Office may play a
coordinating role if requested by the permitting program(s).
• Permitting programs will coordinate with the Tribal Programs Office when tribal consultation is
warranted.
Enhanced Outreach Activities to Support Meaningful Engagement
EPA Region 9 may conduct additional outreach during the permitting process to promote greater
involvement of overburdened communities. Resource availability will affect the feasibility of enhanced outreach
and the number of permits Region 9 can conduct enhanced outreach for; therefore, Region 9 could choose to
implement all, some or none of the activities listed below.10 The list of proposed activities is intended to identify
priority areas of activity.
10 Resource constraints will differ for each program based on the number of permits processed, the length of time to obtain a complete application,
complexity, and the degree to which additional reviews under statutes such as the National Historic Preservation Act and the Endangered Species Act are
required. Furthermore, resource constraints could limit the ability to travel to certain areas to conduct enhanced outreach.
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EPA Region 9 Regional Implementation Plan to Promote Meaningful Engagement of Overburdened Communities
in Permitting Activities
Updated: May 1, 2013
Planning & Gathering Information:
• Identify upcoming priority permits for promoting greater public involvement. When identifying priority
permits, focus on permits that the community has identified as a priority, to the extent such information is
available.
• Locate existing data and studies that are relevant to the particular community, including where schools and
child care centers are located relative to the proposed project.
• Explore ways to reach out to the affected community in coordination with relevant EPA staff, including
permit writers, EJ coordinators, public affairs staff, and EPA's Conflict Prevention & Resolution Center.
• Evaluate the appropriate length of the public comment period.
• Consider holding informational meetings for the public in addition to formal public comment sessions.
Coordination:
• For applicants with multiple EPA permits, permit writers will inform permit writers from other offices in
the region that a permit application was received from the applicant.
• Coordinate with state, local, and/or tribal authorities, when appropriate.
Communicating with the Community:
• Designate EPA point(s) of contact that the community can contact to discuss environmental justice
concerns or questions of a technical nature about the permit application.
• Use informational materials to explain the permitting process.
• Use plain language when communicating with the public.
• Use communication techniques the community values, such as direct mailings, posters, articles in local
newspapers, and emails to list serves.
• Offer translation services for communities with multi-lingual populations (including interpreters at public
meetings or translations of public documents) when feasible.
• Make key documents on the proposed project, such as the draft permit and statement of basis or fact sheet,
readily accessible to the community, using a variety of media tools (paper copies, online, etc.), when
appropriate.
• When holding a public meeting, schedule the meeting at a time and place in the community to afford the
public a meaningful chance to attend.
• After the permit has been issued, make available to the community a summary of EPA's comment
responses and provide information on where the community can find the comment response summary.
Communicating with the Permit Applicant:
• Encourage the permit applicant to provide EPA with a plain-language description of its proposed project or
permit application.
• Encourage the permit applicant to consult EPA guidance on environmental justice and other resources
developed under Plan EJ 2014, including the Promising Practices for Permit Applicants Seeking EPA-
Issued Permits: Ways to Engage Communities at the Fence-Line.
Progress Review
Region 9 will periodically review progress and share lessons learned with other regions and headquarters
in carrying out the enhanced outreach provided in this plan.
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EPA Region 9 Regional Implementation Plan to Promote Meaningful Engagement of Overburdened Communities in Permitting Activities
Updated: May 1,2013
Figure 1. Outreach Planning Process
Coordinate with Other Programs
During the initial permit process, determine whether the facility has other EPA-issued permits and contact the issuing office(s). If the
proposed permit is on Tribal Land or the Pacific Islands, notify the corresponding offices.
Initial Screening
Use EJSCREEN to highlight locations where additional review may be warranted. This may be completed for facilities as a group or on a
facility by facility basis.
, T -y
Secondary Screening
• If this is a permit renewal have there been significant changes from conditions of the initial screening?
• If there is significant community interest in the permit applications) and/or the initial screening indicates potential for EJ
concerns, learn more about the community using EJSCREEN to examine the six demographic factors.
• If there is a potential for EJ concerns, examine additional data, when available, to understand baseline environmental conditions
I and health of the community. J
1
I There is no significant community
$
| interest and the data do not suggest
j there are EJ concerns.
i
| Conduct outreach activities specified
I in 40 CFR Part 124 or other
I
| applicable regulations.
i
I There is some community interest I
I %
| or the data suggest there may be f
EJ concerns. |
I
| Candidate for consideration of |
enhanced outreach activities. j
I
| There is significant community
| interest and/or data suggest that
I there are EJ concerns.
1
| Strong candidate for consideration
| of enhanced outreach activities.
Page 9 of 9
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