Approval for Commercial Storage ofPolychlorinated Biphenyls (PCBs) Clean Harbors Los Angeles, LLC Los Angeles, California U.S. EPA ID: CAD 050806850


Approval for Commercial Storage of Polychlorinated

Biphenyls ("PC Bs")

Clean Harbors Los Angeles, LLC
Los Angeles, California
U.S. EPA ID: CAD §50806850

Issued by

U.S. Eiwironiiieiital Protection Agency, Region 9
San Francisco, California

October 24, 2813

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UNITED STATES ENVIRONMENTAL PROTECTION- AGENCY

REGION IX
f £ Hawthorn*! Street
San Franci8CO„.CA 94105

October 24, 2013

PKOI'OSKl) Al'f ttOVAL fr'OK A TOXIC SlallSTANCKS COM KOI. AC 1'
PC1I COMMERCIAL STOKAC^ FACILITY

I1' A ( JJJTV: C "loan i larbors Los Anyelcs, LLC
U.S. i:i'A III Number; CAP U50Kl)6K>»

I Ik- 1 nited Sutler l;m ironmenwl Protection Agency, Region i "I IS, I; I * A") is renewing and
modifyiiij', an Approval issued lo Clean Harbors, as site owiier/opcnifor (die "(hvner/Operalor")

10	continue la operate ;i commercial pulvehlorinated bipheriyls ("IK'IV't storage I utility in Lo.s
Aiwles. CA (hereirv,!l\er "l-acilitv" or "CII1JV") (nor Figure 1. Site I ocuiion Map). Iliis
Approval irs bciim issued putsuaiit Uj Section 6te)f 1) of die I o\ie Substances I 'onlro! Ac?
("TSl'A'T ol" I lM, b U.S.C § 2b(hieK 11 and 4(1 < TVR, Port 76!1. inciudinji any amendments
in revisions thereto. This Approval C'TSCA Approval" or "Approval"} authorizes Clean Harbor;;
to slore I'd! wastes at their facility located in I .oh Angeles. CA.

(lean I Harbors .shall comply with and operate the bacitity in accordance with (1) all terms and
conditions of this Approval as .stated herein, (21 plans incorporated hy reference into this
AppunaL and (3) (he 1M B regulations at 40 (M R. Pan 761 including my future modifications.
Ail terms ami conditions ol'lhis Approval arc severable. If any provision of this Appnnal is
determined lo be invalid, (lean Harbors shall be subject to all rcitnuninj* conditions,

i his Approval is i»ucd pursuant to the written renewal application titled "TS( VIC 'nmtucn htl
Sfoitt^v I'vrm'n Hcnvivui Applitafkni, ( icon Utirhan Lit\ Anodes, ! I ("" submitted on June 5.
''Ol V This application was originally submitted as the "Stifuty-Klven fl.o.s Anodes), fm\ AV-
tippiiCMitm htr TS( VI f*l 71 Sforaty Authorization. August /. 2001." ami was revised on
I >eeember 16. 2(110 and September 12. 2012 prior to the final. June 20] *» application
('Appendix A), I hese submissions collectively make up the "Renewal Application."" Inaccuracies
found in the written information provided by Clean 11 arbors as pan of its Renewal Application
ina\ be nrmmds for the termination or modification of this Approval.

Clean Harbors is currently operating under an Approval lo manage l'( 11 wastes issued in I -.S.
lil'A m 1W7 t Appendix B). ()u August 1, 2001. the former site owner Safetv-kleen submitted

11	he LP A Administrator delegated authorilv to issue approvals under I S12A lo the Regional
Administrator of Region 4> by i'PA Delegation < >rder 12'5 issued January 2008. The Regional
Administrator further delegated authority to issue approvals to the Director ofthe Waste
Management Division by l.PA Regional Order 1260.02!) issued February 1 1, 2008,

i

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an application to renew flic I'M? Appro\al prior to its expiration on February 15, 200?, Snfety-
Kleen transferred ownership of the facility to Clean Harbors in 2002. Clean Harbors shall
continue hi operate under the 1997 Approval until I I.S. EPA makes a final decision on the
Renewal Application.

In general terms, this Approval, subject to us icons and conditions, authorizes Clean Harbors to;
(1) Store PCB waste in the Container Storage Warehouse and (2) Drain and repackage PCB
liquids in the event that the primary container is compromised. The following unit is approved
for sioraiic of PCBv at the facility:

Unit Name

Type »¦
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Endangered Species. Act that management ofPCil wastes at the Clean Harbors facility, as
ailowed in the proposed Approval, "will not affect" any listed speeies or designated critical
habitat {Appendix I'i). See the Statement of Basis- for this Approval dated ()eiober ?4, 2013 for
f urther discussion of these regulatory determinations.

This Approval b effective immediately upon siytwiure itml shall remain in elTeet for 10 years
from the dale of .signature, unless modified, renewed, suspended or terminated in accordance
with 40 C.I'.K, Part 761 or the Approval conditions. Any amendments to this Approval or to the

incorporated supporting plans are subject to the Approval modification requirements contained
in Subsection VIA of this Approval. If (lean Harbors wishes to eon untie an activity allowed by
this Approval after ihe expiration date. Clean Harbors shall submit a complete application for
renewal to U.S. EPA at leus>t I HO days, but not more than 270 days, prior to the expiration dale
(see Subsection VI,D), U.S. EPA may require the submission of additional information in
connection with any renewal application. If Clean Harbors does not intend to seek a tenewal o!
this Approval after the expiration dale, Clean Harbors shall submit to I KS. F.PA at least 1 SO days,
but not more than 270 days, prior to tin- ex pita lion dale, a revised Closure Plan to initiate the
closure process for the facility (sec Subsection VI,E).

litis Approval does not relieve Clean Harbors from compliance with all applicable federal, state
and local regulatory requirements, notwithstanding their inclusion within the terms and
conditions of die Approval,

Director

Waste Management Division

iii

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Contents

Signature Page

I Introduction 1

II Facility Description 1

III Scope and Limitations of Approval 1

IV. General Approval Conditions 2

A. Approval Compliance 2

B. General Requirements 2

C. PCB Waste Management Standards 3

D. Waste Acceptance 4

E. Personnel Training 4

F. Health and Safety Requirements 4

G. Emergency Preparedness and Spill Cleanup 5

H. Entry and Agency Inspection 8

I. General Inspection Requirements 8

J. Security 9

K. Closure Cost Estimate 9

L. Financial Assurance for Closure 10

M. Recordkeeping and Reporting 10

V. Conditions for Storage, Draining and Flushing of PCBs 12

A. Unit Descriptions 12

B. Operational and Regulatory Requirements for Storage 13

C. Approved PCB Storage Units and Maximum Storage Capacity 13

D. Design Requirements for Storage Areas 13

E. PCB Storage in Containers 14

F. Draining of PCBs 145

G. PCB Storage Container Requirements 15

H. PCB Storage Marking and Labeling 15

I. Sampling of Container Storage Warehouse 15

J. Closure of Storage Unit 16

K. Closure of Containment Bay E 16

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VI Procedures to Modify, Transfer, Revoke, Suspend, Deny, Continue or Renew Approval 17

A. Modifications (Appendix N) 17

B. Transfer of Ownership 24

C. Revoke, Suspend or Deny Renewal 24

D. Continuation 25

E. Renewal or Closure 25

VII Definitions 25

Figures

Figure 1 - Site Location Map
Figure 2 - Facility Diagram

Appendices

Appendix A - TSCA Application

Appendix B - 1997 TSCA Approval

Appendix C - RCRA Part "B" Application

Appendix D - TSCA Inspection Reports

Appendix E - Endangered Species Act Determination

Appendix F - National Historic Preservation Act Determination

Appendix G - Approval Modification Classifications

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I Introduction

On August 1, 2001, the former site owner, Safety-Kleen, submitted an application to
renew the 1997 Approval for the Facility prior to its expiration on February 15, 2002.
Safety-Kleen transferred ownership of the facility to Clean Harbors in 2002. As a follow-
up, Clean Harbors submitted revisions to the renewal application on December 16, 2010
and September 12, 2012, which were later superseded by the June 5, 2013 Renewal
Application (Appendix A). U.S. EPA has evaluated the Renewal Application and is
proposing to issue this TSCA Approval to Clean Harbors Los Angeles, LLC. Clean
Harbors shall continue to operate under the 1997 TSCA Approval until U.S. EPA makes
a final decision on the Renewal Application.

H Facility Description

Facility Location

The Clean Harbors Los Angeles, LLC facility ("Facility" or "CHLA") is located at 5756
Alba Street in Los Angeles, California, approximately two and a half miles south of
Downtown Los Angeles. The Facility owns and occupies 2.6 acres of land zoned for light
manufacturing and enterprise. The Facility is at the intersection of the Vernon, Central
Alameda, Huntington Park, and Florence neighborhoods. Vernon is a heavily
industrialized city to the Northeast of the Facility.

Regulatory Summary

The Facility is currently operating under a 2011 RCRA permit issued by Department of
Toxic Substances Control ("DTSC") to manage hazardous waste ("State RCRA Permit")
and a separate TSCA Approval from the U.S. EPA to store and dispose of PCB waste that
was issued in 1997 and expired in 2002 (Appendix B). The terms and conditions of the
expired TSCA Approval were administratively extended through submittal of the original
renewal application for the Facility. The Facility is categorized as a large treatment and
storage facility for purposes of HSC Section 25205.19 of the State's RCRA program.

ID. Scope and Limitations of Approval

1. This Approval designates Clean Harbors as the Owner and Operator of the
Facility. Before any change of Owner or Operator occurs, Clean Harbors shall
follow the applicable modification procedures in Section VI of this Approval.

2. This Approval covers the storage of PCB wastes in the Container Storage
Warehouse Bay 1. This Approval authorizes Clean Harbors to: (1) Store PCB
waste in the Container Storage Warehouse and (2) drain and repackage PCB
liquids in the event that the primary container is compromised. No other TSCA
regulated PCB management is authorized by this Approval.

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3. This Approval requires Clean Harbors to close Containment Bay E within 180
days of the issuance of a final permit decision, in accordance with Appendix M of
the Renewal Application.

4. Compliance with the terms and conditions of this Approval does not establish a
defense to any claim that the Facility presents a risk to human health and the
environment.

IV. General Approval Conditions

A. Approval Compliance

1. Clean Harbors shall comply with and operate the Facility in accordance with the
conditions stated herein, plans incorporated into this Approval, and the federal
PCB regulations at 40 C.F.R. Part 761, including any future modifications to
those regulations.

2. Any plan referenced in this Approval is fully incorporated by reference into the
Approval and is fully enforceable under the Approval.

3. Within 30 days of making a change to any referenced plan, Clean Harbors shall
initiate an Approval modification consistent with Subsection VI.A, Modifications,
to incorporate into the Approval the most current version of the referenced plan.

4. Clean Harbors must receive prior written authorization from U.S. EPA for any
departure from the conditions stated herein, modifications of this Approval, or
revisions of the plans incorporated into this Approval (for purposes of this
Approval, U.S. EPA shall mean Manager, RCRA Facilities Management Office,
Waste Management Division, U.S. Environmental Protection Agency, Region 9,
or successor organizational units within U.S. EPA Region 9). Any unauthorized
departure from the conditions of this Approval may subject Clean Harbors to
enforcement under TSCA.

5. This Approval is binding upon Clean Harbors as the Owner and Operator of the
Facility. Clean Harbors is responsible for the actions of all Clean Harbors'
employees, agents, and contractors who are involved in the operation of the
Facility.

6. Failure to comply with any condition of this Approval is a prohibited act under
TSCA Section 15(1), 15 U.S.C. § 2614(1).

B. General Requirements

1. This Approval supersedes all previous Approvals issued by U.S. EPA that
regulate PCBs at CHLA.

2. Notwithstanding the terms of this Approval, Clean Harbors shall comply with all
applicable Federal, State and local laws and regulations including but not limited

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to RCRA, as amended (42 USC 6901 et_seq.) and the Occupational Safety and
Health Act ("OSHA").

3. A Responsible Official for Clean Harbors shall certify any written information
submitted to U.S. EPA required under this Approval by using the certification
statement found at 40 C.F.R. § 761.3. Unless otherwise required by TSCA, all
submissions (including correspondence, reports, and records) required under this
Approval shall be sent in writing to the following address:

Manager, RCRA Facilities Management Office (Attn: WST-4)

Waste Management Division

U.S. Environmental Protection Agency - Region 9

75 Hawthorne Street

San Francisco, CA 94105

4. All terms and/or conditions of this Approval are severable. If any provision of this
Approval is determined to be invalid, Clean Harbors shall still be subject to the
remaining conditions.

5. Clean Harbors shall comply with all relevant TSCA requirements, whether or not
they are included in this Approval.

6. Clean Harbors shall provide upon request any information that the U.S. EPA
deems necessary to determine whether cause exists for modification, suspension,
revocation, or termination of this Approval. Failure to provide the above-
mentioned information within 5 working days of its request, or such reasonable
time as agreed to by both parties, shall be deemed a violation of this Approval.

7. Clean Harbors shall not avoid any otherwise applicable provision of this Approval
or TSCA by diluting PCBs, unless specifically allowed by the TSCA regulations
[40 C.F.R. § 761.1(b)(5)],

8. This Approval covers the storage and repackaging of PCB waste within the
Container Storage Warehouse Bay 1. No other TSCA regulated PCB management
is authorized by this Approval.

C. General PCB Standards

1. Clean Harbors shall send all TSCA-regulated PCB liquids, including liquids

produced at CHLA during any PCB waste repackaging activities, to an incinerator
approved by U.S. EPA under 40 C.F.R. § 761.70. The sole exception to this
condition is that Clean Harbors may dispose of small capacitors as municipal
solid waste in accordance with 40 C.F.R. § 761.60(b)(2)(ii).

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D. Waste Acceptance

1. Clean Harbors shall implement the waste acceptance procedures discussed in
Appendix H: PCB SOP of the Renewal Application [40 C.F.R. §

761.65(d)(4)(iv)].

2. For all PCB shipments for offsite disposal, Clean Harbors must either include
analytical data with the waste profile or assume that the PCB concentration of the
waste is > 50 ppm [40 C.F.R. § 761.65(d)(4)(iv)].

E. Personnel Training

1. Clean Harbors employees shall complete and renew annually the appropriate
OSHA/HAZWOPER training program (8 hours for non-hazardous waste
operations employees, 24 hours for hazardous waste operations employees, and
40 hours for hazardous waste emergency response employees) [40 C.F.R. §
761.65(d)(4)(iv)].

2. Clean Harbors employees shall complete all applicable training programs
discussed in:

Section 6: Personnel Training Programs of the Part "B" Application dated

April 2008, (Rev 7.0) (Appendix C),

Appendix H: PCB SOP of the Renewal Application (Appendix A), and

Appendix D: SPCC Plan of the Renewal Application (Appendix A).

A signature sheet must be included as a part of each employee's training record to
verify participation in the training programs [40 C.F.R. § 761.65(d)(4)(iv)].

F. Health and Safety Requirements

1. Clean Harbors shall conduct all PCB related work at the Facility in accordance
with the regulations and guidelines contained in [40 C.F.R. § 761.65(d)(4)(iv)]:

i. OSHA Title 29 C.F.R. § 1910 "Safety and Health Regulations for General
Industry";

ii. OSHA Title 29 C.F.R. § 1926 "Safety and Health Regulations for
Construction"; and

iii. OSHA Title 29 C.F.R. § 1926.65 "Hazardous Waste Operations and
Emergency Response".

2. Clean Harbors shall ensure that personnel handling PCB waste use and are trained
in the use of appropriate Personal Protective Equipment, in accordance with
Appendix H: PCB SOP of the Renewal Application [40 C.F.R. § 761.60(b)(8) and
40 C.F.R. § 761.79(e)(2)],

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G. Emergency Preparedness and Spill Cleanup

1. Clean Harbors shall cleanup all PCB spills at the Facility with concentrations at
or above 50 ppm in accordance with 40 C.F.R. Subpart G - PCB Spill Cleanup
Policy of [40 C.F.R. Part 761, 40 C.F.R. §761.61 and 40 C.F.R. § 761.79],

2. Clean Harbors shall conduct emergency response procedures at the Facility in
accordance with Section 7: Emergency Procedures / Contingency Plan of the Part
"B" Application dated April 2010, (Rev 9.0) ("RCRA Contingency Plan") [40
C.F.R. § 761.65(d)(4)(iv)].

3. Clean Harbors shall implement spill prevention measures in accordance with:
Section 5: General Operational Procedures and Procedures to Prevent Hazards of
the Part "B" Application dated April 2010, (Rev 9.0) (Appendix C) and Appendix
D: SPCC Plan of the Renewal Application [40 C.F.R. § 761.65(d)(4)(iv)].

4. In the event of a release, fire, or explosion that requires external emergency
response, Clean Harbors shall immediately notify emergency responders about the
presence of PCB waste at the facility. This notification shall include information
about the location, approximate quantity, and current condition of the PCB waste,
as well as the toxicity hazards associated with PCBs [40 C.F.R. §
761.65(d)(4)(iv)].

5. Clean Harbors shall orally report to U.S. EPA any incident requiring
implementation of emergency procedures in the TSCA storage area, as outlined in
Section 7.3 of the RCRA Contingency Plan. Oral notification shall be made to:

Manager, RCRA Facilities Management Office (WST-4)

Waste Management Division
U.S. Environmental Protection Agency - Region 9
(415) 947-8708

The oral notification shall occur as soon as possible after Clean Harbors becomes
aware of the incident, but no later than 24 hours after the incident. If requested by
U.S. EPA, Clean Harbors may also be required to submit a written report
providing details on the incident [40 C.F.R. § 761.65(d)(4)(iv)].

6. Clean Harbors must return to compliance with the following items before
operations are resumed in the TSCA storage areas affected by an incident
requiring implementation of the RCRA Contingency Plan [40 C.F.R. §
761.65(d)(4)(iv)]:

a. All emergency equipment listed in the Contingency Plan is cleaned and fit for
usage after the incident is addressed. In this case, Clean Harbors may
substitute equivalent emergency equipment in the affected area while
repairing, replacing or recharging used emergency response equipment; and

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b. Corrective measures have been implemented to prevent reoccurrence of the
incident.

7. In the event that Clean Harbors believes, or has reason to believe, that quantities
of PCBs equal to or greater than one pound have been released into the
environment as a result of Facility operations, Clean Harbors shall immediately
notify the National Emergency Response Center by telephone at (800) 424-8802
within 24 hours after discovery. A full investigation into the cause of the incident
and a detailed report shall be included in the daily operation records. A copy of
this report describing the incident shall be submitted to U.S. EPA within 15 days
after the incident [40 C.F.R. § 302 and 40 C.F.R. § 761.65(d)(4)(iv)].

8. In the event that Clean Harbors believes, or has reason to believe, that quantities
of PCBs equal to or greater than 10 pounds have been released into the
environment as a result of Facility operations, Clean Harbors shall immediately
notify U.S. EPA Region 9, and proceed to decontaminate the spill area in
accordance with 40 C.F.R. 761 Subpart G - PCB Spill Cleanup policy in the
shortest possible time after discovery, but in no case later than 24 hours after
discovery. Oral notification shall be made to:

Manager, RCRA Facilities Management Office (WST-4)

Waste Management Division
U.S. Environmental Protection Agency - Region 9
(415) 947-8708

[40 C.F.R. § 761.125 (a)(l)(iii)].

9. Clean Harbors shall maintain a copy of the Renewal Application (Appendix A)
and Part "B" Application (Appendix C) and any revisions at the Facility. A copy
of this Approval shall also be maintained at the Facility [40 C.F.R. §
761.65(d)(4)(iv)].

10. Lists of emergency contacts, telephone numbers, and designated emergency exit
routes shall be posted in prominent locations throughout the Facility [40 C.F.R. §
761.65(d)(4)(iv)].

11. The Facility shall, at a minimum, be equipped with the following [40 C.F.R. §
761.65(d)(4)(iv)]:

a. An internal communications or alarms system capable of providing immediate
emergency instruction (voice or signal) to Facility personnel;

b. Devices, such as a telephone, cellular phone or hand-held two-way radio, shall
be immediately available at the scene of operations and be capable of
summoning emergency assistance from local police departments, fire
departments, or State or local emergency response teams;

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c. Portable fire extinguishers, fire control equipment, spill control equipment,
and decontamination equipment; and

d. A fire suppression unit to suppress a fire containing PCBs.

12. Clean Harbors shall, at a minimum, annually test and maintain the equipment
specified in Condition IV.G.l 1, as recommended by the manufacturer to assure its
proper operation in time of emergency. In the event that any of the equipment
specified above was manufactured by Clean Harbors, Clean Harbors shall
establish and follow a testing and maintenance plan for those manufactured items.
All emergency equipment inspection and maintenance records must be
maintained at the facility for at least 3 years and made available upon request to
U.S. EPA [40 C.F.R. § 761.65(d)(4)(iv)].

13. Whenever PCBs are being transferred or otherwise handled, Clean Harbors shall
ensure that all personnel involved in the operation will have immediate access to
an internal alarm or emergency communication device, either directly or through
visual or voice contact with another employee [40 C.F.R. § 761.65(d)(4)(iv)].

14. At all times, there shall be at least one employee either at the Facility or on call
who has:

a. The responsibility for coordinating all emergency response measures,

b. The authority to commit the resources needed to carry out the RCRA
Contingency Plan, and

c. The responsibility to implement the facility Spill Prevention, Control and
Countermeasures plan.

This employee shall have immediate access to the entire Facility and to a
communication device such as a telephone, cellular phone, or hand-held two-way
radio immediately available at the scene of operation capable of summoning
external emergency assistance [40 C.F.R. § 761.65(d)(4)(iv)].

15. Clean Harbors shall provide U.S. EPA with a written report if unauthorized entry
at the Facility occurred which caused PCBs to be discharged. The report shall
specify, at a minimum, the date of the occurrence, a description of what
happened, the nature of the problem, if any, that resulted from this occurrence,
and the corrective action taken by Clean Harbors. This includes any tampering,
destruction, or loss at the Facility which caused release of PCBs. Clean Harbors
shall submit the report to U.S. EPA within 5 days of the occurrence [40 C.F.R. §
761.65(d)(4)(iv)].

16. Clean Harbors shall annually review and update if necessary the RCRA
Contingency Plan (Appendix C) and the SPCC plan (Appendix A) [40 C.F.R. §
761.65(d)(4)(iv)].

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17. Clean Harbors shall review and immediately amend, the RCRA Contingency Plan
(Appendix C) and the SPCC Plan in the Renewal Application (Appendix A),
whenever [40 C.F.R. § 761.65(d)(4)(iv)]:

a. The Plan fails in an emergency;

b. Changes in the Facility's design, construction, operation, maintenance, or
other circumstances that materially increase the potential for fires, explosions,
or releases of PCBs or hazardous constituents, or other response necessary in
an emergency;

c. The list of emergency coordinators changes;

d. The list of emergency equipment changes;

e. When information available to Clean Harbors otherwise indicates that a
revision is warranted; or

f. When U.S. EPA determines that a revision of a Plan is necessary.

18. If at any time U.S. EPA determines that PCB operations at the Facility authorized
by this Approval are creating a situation of imminent hazard, U.S. EPA will notify
Clean Harbors as to the steps required to mitigate and/or prevent the hazard. Such
steps must be taken by the date provided in such notice [40 C.F.R. §
761.65(d)(4)(iv)].

H. Entry and Agency Inspection

1. U.S. EPA officials and representatives of U.S. EPA, upon presentation of
credentials, shall be permitted access to any area of the Facility at all reasonable
times during regular business hours to (1) determine compliance with applicable
statutes, regulations, and the conditions of this Approval, (2) for the purpose of
inspection, sampling, or monitoring and/or (3) for any other purpose allowed by
law [40 C.F.R. § 761.65(d)(4)(iv)].

2. Clean Harbors, upon request by U.S. EPA, shall provide copies of any record
maintained by the Facility pursuant to this Approval within 5 business days of
such request [40 C.F.R. § 761.65(d)(4)(iv)].

3. Any refusal by Clean Harbors to allow access to the facility during such regular
business hours, or refusal to provide requested copies of records, shall be deemed
a violation of this Approval [40 C.F.R. § 761.65(d)(4)(iv)].

I. General Inspection Requirements

1. Clean Harbors shall evaluate and address all deficiencies in Container Storage
Warehouse Bay 1 using the inspection forms, or latest revision thereof, shown in
Appendix C of the Renewal Application (Appendix A). Clean Harbors shall keep

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records of all inspections and document any actions taken to address deficiencies
identified during the inspections [40 C.F.R. § 761.65(d)(4)(iv)].

J. Security

1. Clean Harbors shall operate and maintain the security systems at the Facility to
prevent unauthorized access of the facility at all times, in accordance with the
SPCC Plan in the Renewal Application (Appendix A) [40 C.F.R. §
761.65(d)(4)(iv)].

K. Closure Cost Estimate

1. Clean Harbors shall maintain a detailed estimate, in current dollars, of the cost of
closure for each PCB unit that is operated at the Facility in accordance with its
Closure Plan. Clean Harbors, as required in their State RCRA Permit, currently
maintains a closure cost estimate for the entire Facility. The closure cost estimates
shall be in writing, be certified by the person preparing it (using the certification
defined in 40 C.F.R § 761.3) and comply with the following criteria [40 C.F.R. §
761.65(f)(1), 40 C.F.R. § 761.65(d)(4)(iv)]:

a. The closure cost estimate shall equal the cost of final closure at the point in
the PCB unit's active life when the extent and manner of PCB operations
would make closure the most expensive, as indicated by the closure plan;

b. The closure cost estimate shall be based on the costs to Clean Harbors of
hiring a third party to close the Facility, and the third party shall not be either
a corporate parent or subsidiary of the Owner or Operator, or member in joint
ownership of the Facility;

c. Clean Harbors shall include in the estimate the current market costs for off-
site commercial disposal of the Facility's maximum estimated inventory of
PCB wastes, except that on-site disposal costs may be used if on-site disposal
capacity will exist at the Facility at all times over the life of the PCB storage
facility; and

d. The closure cost estimate may not incorporate any salvage value that may be
realized with the sale of wastes, Facility structures or equipment, land, or
other assets associated with the Facility at the time of closure.

2. During the active life of each PCB unit, Clean Harbors shall annually adjust the
closure cost estimate for inflation within 60 days prior to the anniversary date of
the establishment of the financial instruments used to demonstrate financial
responsibility for closure. The adjustment may be made by recalculating the
maximum costs of closure in current dollars, or by using an inflation factor
derived from the most recent Implicit Price Deflator for Gross National Product
published by the U.S. Department of Commerce in its Survey of Current Business.

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The Implicit Price Deflator for Gross National Product is included in a monthly
publication titled Economic Indicators, which is available from the
Superintendent of Documents, Government Printing Office, Washington, DC
20402. The inflation factor used in the latter method is the result of dividing the
latest published annual Deflator by the Deflator for the previous year. The
adjustment to the closure cost estimate is then made by multiplying the most
recent closure cost estimate by the latest inflation factor [40 C.F.R. §
761.65(f)(2)],

3. Clean Harbors shall revise the closure cost estimate whenever U.S. EPA approves
a modification to the Facility closure plan which increases the cost of closure.
Clean Harbors shall revise the closure cost estimate and submit it to U.S. EPA no
later than 30 days after the modification is approved. The revised cost estimate
shall be adjusted for inflation at that time [40 C.F.R. § 761.65(f)(3)],

4. Clean Harbors shall keep at the Facility during its operating life the most recent
closure cost estimate, including any adjustments resulting from inflation or from
modifications to the Closure Plan [40 C.F.R. § 761.65(f)(4)],

L. Financial Assurance for Closure

1. Clean Harbors shall maintain adequate financial assurance for closure of each
PCB unit that is operated at the Facility. The level of financial assurance funding
shall always be equal to the most recent total cost estimate for closure of the units,
including any adjustments resulting from inflation or from modifications to the
Closure Plan, established pursuant to Subsection IV.K [40 C.F.R. §§ 761.65(f)
and (g)].

2. Clean Harbors shall annually submit written documentation to U.S. EPA of
continued financial assurance for the PCB units at the Facility. The
documentation shall include, but not be limited to, the current closure cost
estimate for the PCB units and the level of funding contained in the financial
assurance mechanism held by Clean Harbors. The documentation shall be
submitted to U.S. EPA by January 15 of each year [40 C.F.R. § 761.65(d)(4)(iv)].

M. Recordkeeping and Reporting

1. Clean Harbors shall conduct recordkeeping and reporting activities in accordance
with Appendix H: PCB SOP of the Renewal Application (Appendix A). [40
C.F.R. § 761.65(d)(4)(iv)].

2. Clean Harbors shall write in ink or type all records required to be created and
maintained by 40 C.F.R. Part 761 Subpart J (General Records and Reports),
Subpart K (PCB Waste Disposal Records and Reports) and this Approval. Any
modification or correction of the records must be initialed and dated by the

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responsible official. [40 C.F.R. Part 761 Subparts J and K, 40 C.F.R. §
761.65(d)(4)(iv)].

3. All PCB records, documents, monitoring data, sampling data and reports shall be
constantly maintained at the Facility while it is operational, and shall be made
available for inspection upon request to authorized U.S. EPA representatives.
When Clean Harbors ceases operations, all records, documents, monitoring data,
sampling data and reports or certified copies thereof, shall be maintained at the
Facility for at least 3 year following cessation of operations [40 C.F.R. §
761.180(b), 40 C.F.R. § 761.180(f)],

4. Any PCB-contaminated Voltage Regulators that are stored by Clean Harbors shall
be recorded and reported as PCB Transformers for all required documents listed
in 40 C.F.R. § 761.180(b), including Manifests, the Annual Report, the Annual
Document log, and the Annual Record [40 C.F.R. § 761.180(b)(5))].

5. Waste Disposal Records and Reports

a. Clean Harbors shall comply with all provisions of 40 C.F.R. § 761.180
(Records and Monitoring). On July 15 of each year, Clean Harbors shall
submit to U.S. EPA the annual report required by 40 C.F.R. § 761.180(b)(3)
for the previous calendar year and concurrently submit the annual report to the
Information Repository with a request that it replace any prior annual report(s)
submitted in accordance with this Condition. The annual report shall be sent
to:

Manager, RCRA Facilities Management Office (WST-4)

Waste Management Division

U.S. Environmental Protection Agency - Region 9

75 Hawthorne Street

San Francisco, CA 94104

b. Clean Harbors shall comply with the following provisions of 40 C.F.R. Part
761, Subpart K:

(1) 761.207 - General requirements for manifests;

(2) 761.208 - Use of the manifest;

(3) 761.209 - Retention of manifest records;

(4) 761.210 - Manifest discrepancies. Requirement to submit manifest
discrepancy reports for significant discrepancies in physical state or
concentration of PCB waste that may be discovered by inspection or
waste analysis;

(5) 765.211 - Unmanifested waste report. Requirement to seek a manifest
or return waste for any unmanifested PCB waste and to notify U.S.

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EPA to determine whether further actions are required before storage of
the unmanifested PCB waste;

(6) 761.215(d)-(e) - Requirement to submit one-year exception reports; and

c. At the completion of any cleanup required by the Approval, Clean Harbors
shall develop and maintain records of the cleanup including at a minimum [40
C.F.R. § 761.65(d)(4)(iv)]:

(1) Identification of the source of the contamination;

(2) Date and time contamination was discovered;

(3) Date and time cleanup was completed;

(4) A brief description of contaminated area;

(5) Pre-cleanup and post-cleanup sampling data used to define boundaries
of contamination and a brief description of the sampling methodology
used to establish contaminated boundaries;

(6) Amount of waste cleanup material generated; and

(7) A certification statement signed by Clean Harbors personnel stating
that the decontamination levels referenced in the appropriate Approval
condition have been achieved and that the information contained in the
record is true to the best of his/her knowledge.

d. Clean Harbors shall constantly maintain copies of the Certificates of Disposal
for all PCBs and PCB Items which are stored at the commercial storage
facility while it is operational [40 C.F.R. § 761.218(d)(2)],

V. Conditions for Storage of PCBs
A. Unit Descriptions

The Container Storage Warehouse Bay 1 is one of three containment bays within an
enclosed building with a roof and walls to prevent the entrance of precipitation or run-on.
The bay is approximately 34 x 50 feet, and has a continuous concrete curb 6 inches high.
The concrete floor has an epoxy-coated surface and is sloped to drain spilled liquids away
from articles and containers to a non-discharging sump for collection. A vehicle loading
dock is adjacent to the Container Storage Warehouse Bay 1. The location of the
Container Storage Warehouse Bay 1 is shown in Appendix B of the Renewal Application
(Appendix A).

Clean Harbors is authorized to store the following PCB wastes, as defined in 40 C.F.R. §
761.3, in the Container Storage Warehouse Bay 1: PCB Transformers, PCB Capacitors,

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Liquid PCBs in Drums, Liquid PCBs in PCB Articles, PCB Remediation Waste, Non-

Liquid PCBs, and PCB Items.

B. Operational and Regulatory Requirements for Storage

1. Clean Harbors shall at all times comply with the PCB storage requirements
contained in 40 C.F.R. § 761.65.

2. Clean Harbors shall ensure that any PCB waste will be disposed of within 1-year
from the date it was determined to be PCB waste and the decision was made to
dispose of it. This date is the date of removal from service for disposal and the
point at which the one-year time frame for disposal begins. PCB waste removed
from service for disposal is exempt from the 1-year time limit provided a written
record documenting all continuing attempts to secure disposal is maintained until
the waste is disposed of. This record must be available for inspection or
submission if requested by EPA [40 C.F.R. § 761.65(a)(1) and 40 C.F.R. §§
761.65(a)(2)(ii)-(iii)].

C. Approved PCB Storage Units and Maximum Storage Capacity

1. This Approval authorizes Clean Harbors, with conditions, to store PCB waste not
to exceed 7,920 gallons (the equivalent of 144 55-gallon drums double stacked on
pallets) in containers, transformers or other equipment in the Container Storage
Warehouse Bay 1.

D. Design Requirements for Storage Areas

1. Clean Harbors shall at all times comply with the following requirements in the
storage areas:

a. Adequate roof and walls to prevent rain water from reaching the stored PCBs
and PCB Items [40 C.F.R. § 761.65(b)(l)(i)].

b. Adequate floor with a continuous curb at least six inches high. The floor and
curbing shall provide a containment volume at least twice the internal volume
of the largest PCB Article or PCB Container stored therein or 25 percent of
the total internal volume of all the PCB Articles or PCB Containers stored
therein, whichever is greater [40 C.F.R. § 761.65(b)(l)(ii)].

c. There shall be no drain valves, expansion joints, sewer lines, or other
openings that would permit liquids to flow from the curbed area [40 C.F.R. §
761.65(b)(l)(iii)].

d. The floor and curbing shall be constructed of continuous, smooth and
impervious materials such as Portland cement concrete or steel. Epoxy coating
shall be used with concrete to prevent or minimize penetration of PCBs [40
C.F.R. § 761.65(b)(l)(iv)].

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e. The area shall not be located below the 100-year flood water elevation [40
C.F.R. § 761.65(b)(l)(v)].

E. PCB Storage in Containers

1. Clean Harbors is authorized to store up 7,920 gallons (the equivalent of 144 55-
gallon drums double stacked on pallets) in containers, transformers or other
equipment of any and all forms of PCB wastes in the Container Storage
Warehouse Bay 1. For the purposes of this Approval, "gallons" refer to a
volumetric measure that could be related to either a solid or liquid. Thus, a 55-
gallon drum could hold either 55 gallons of a liquid or 55 gallons of a solid such
as soil. The volume of PCB liquids contained in and listed on any piece of
equipment (e.g., transformers) shall be counted toward the maximum allowable
storage capacity for the Container Storage Warehouse Bay 1. A partially full
drum shall be counted as full for purposes of determining maximum allowable
storage capacity [40 C.F.R. § 761.65],

2. Clean Harbors shall operate and maintain a database system to track the volumes
and locations of all PCB wastes throughout the Facility. [40 C.F.R. §
761.65(d)(4)(iv)].

3. Clean Harbors shall maintain a 2 foot or greater aisle space between all items
stored in the Container Storage Warehouse Bay 1 to allow for unobstructed access
by personnel for regular inspection. This requirement shall not prevent Clean
Harbors from complying with all local and state fire codes and regulations. For
the purposes of this Approval, regardless of how many drums are on it, a pallet
constitutes a single storage item [40 C.F.R. § 761.65(d)(4)(iv)].

4. Clean Harbors shall not store containers in the Container Storage Warehouse Bay
1 more than two high [40 C.F.R. § 761.65(d)(4)(iv)].

5. Clean Harbors shall store and move PCB items in a manner that does not
compromise the epoxy coating on the floor [40 C.F.R. § 761.65(d)(4)(iv)].

6. Clean Harbors shall not remove any item of movable equipment from the
Container Storage Warehouse Bay 1 that is used for handling PCBs and PCB
Items or that comes in direct contact with PCBs unless it has been first
decontaminated in accordance with 40 C.F.R. §761.79, as specified in Appendix
H: PCB SOP of the Renewal application [40 C.F.R. § 761.65(c)(4)],

7. Clean Harbors may store non-leaking PCB items adjacent to the Container
Storage Warehouse for up to 10 days. The facility-wide storage limit of Condition
IV.E.l above includes the Container Storage Warehouse Bay 1 as well as waste
stored for up to 10 days adjacent to the unit [40 C.F.R. § 761.3],

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F. Draining of PCBs

1. Clean Harbors is authorized, subject to the terms and conditions of this Approval,
to drain PCB containing transformers and other PCB Items in the Container
Storage Warehouse Bay 1 only when the original container is compromised. The
drained Liquid PCBs, drained transformers and other equipment shall be stored
until they are transported for off-site for disposal, in accordance with applicable
state and federal regulations. [40 C.F.R. § 761.65],

2. Clean Harbors shall conduct all PCB draining operations in accordance with the
procedures specified in the Leaking Transformers section of Appendix H: PCB
SOP in the Renewal Application (Appendix A) [40 C.F.R. §761.65(d)(4)(iv)].

3. Clean Harbors shall conduct all draining operations within the bermed and sealed
containment area of the Container Storage Warehouse Bay 1 [40 C.F.R.
§761.65(d)(4)(iv)].

4. Clean Harbors shall address any spills in accordance with Subsection IV.G.,
Emergency Preparedness and Spill Cleanup, of this Approval [40 C.F.R. §
761.65(d)(4)(iv)].

G. PCB Storage Container Requirements

1. Clean Harbors shall comply with the requirements for PCB containers specified in
40 C.F.R. § 761.65(c)(6) and in accordance with Section 3 of the Renewal
Application (Appendix A). Any container used for storage of liquid or non-liquid
PCBs shall meet the Department of Transportation requirements described in 49
C.F.R. Parts 171 through 180 [40 C.F.R. § 761.65(d)(4)(iv)].

H. PCB Storage Marking and Labeling

1. Clean Harbors shall label all PCB containers, PCB Items, and PCB storage areas
with the Mllabel defined in 40 C.F.R. § 761.45 [40 C.F.R. § 761.40, 40 C.F.R. §
761.45, and 40 C.F.R. § 761.65(c)(3)]

2. Clean Harbors shall place a label on all PCB Items with the date of removal from
service for disposal. Storage shall be managed so that PCB items can be located
by this date. All storage containers shall have a record that includes for each batch
of PCBs the quantity of the batch and date the batch was added to the container.
The record shall also include the date, quantity, and disposition of any batch of
PCBs removed from the container [40 C.F.R. § 761.65(c)(8)],

I. Sampling of the Container Storage Warehouse

1. Clean Harbors shall conduct random quarterly sampling of Container Storage
Warehouse Bay 1, in accordance with Appendix L of the Renewal Application. If
wipe samples show PCB concentrations greater than 10 ug/100 cm , Clean

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Harbors shall fully delineate the extent of PCB contamination and initiate the
cleanup process. All sampling procedures, reporting of results, and any follow-up
cleanup shall be conducted in accordance with Appendix L of the Renewal
Application [40 C.F.R. § 761.30(p), 40 C.F.R. § 761.30(u), 40 C.F.R. §
761.65(d)(4)(iv)].

J. Closure of Storage Units

1. Clean Harbors shall notify U.S. EPA in writing at least 60 days prior to the date it
expects to begin closure of Container Storage Warehouse Bay 1 [40 C.F.R. §
761.65(e)(6)(i)].

2. Clean Harbors shall conduct final closure activities for the Container Storage
Warehouse Bay 1 in accordance with the Closure Plan located in Section 4 of the
Renewal Application (Appendix A), [40 C.F.R. § 761.65(e), 40 C.F.R. §
761.65(d)(4)(iv)].

3. Clean Harbors shall submit to U.S. EPA a revised Closure Plan reflecting current
conditions at the Facility at least 60 days prior to the anticipated beginning of
closure activities. The revised Closure Plan must be approved in writing by U.S.
EPA prior to implementation [40 C.F.R. § 761.65(d)(4)(iv)].

4. Notwithstanding the requirements set forth in Condition V.J.3 above, Clean
Harbors shall submit a request to U.S. EPA to modify the Closure Plan pursuant
to Section VI of this Approval within 30 days of the following [40 C.F.R. §
761.65(e)(4), 40 C.F.R. § 761.65(d)(4)(iv)]:

a. Changes in ownership, operating plans, or Facility design affect the Closure
Plan;

b. In conducting closure activities, unexpected events require a modification of
the Closure Plan; or

c. Changes to the regulations affect the Closure Plan.

K. Closure of Containment Bay E

1. Clean Harbors shall commence interim closure of Containment Bay E within 30
days of EPA issuance of a final permit decision. Closure activities shall be carried
out in accordance with Appendix M of the Renewal Application (Appendix A),
except as otherwise noted by U.S. EPA, and must be completed within 180 days
of the issuance of the final permit decision. Interim closure denotes closure of the
permitted unit under TSCA, and will only be considered fully closed once the
entire facility has undergone closure [40 C.F.R. § 761.65(e)],

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VL Procedures to Modify, Transfer, Revoke, Suspend, Deny, Continue or Renew
Approval

The following requirements of this Section apply for any modification, transfer,
revocation, suspension, denial continuation or renewal of the Approval. The filing of a
request by Clean Harbors for an Approval modification, revocation or termination, or the
notification of planned changes or anticipated noncompliance on the part of Clean
Harbors, does not stay the applicability or enforceability of any Approval condition [40
C.F.R. § 761.65(d)(4)(iv)].

A. Modifications (Appendix G)

1. Modifications to this Approval Initiated by U.S. EPA

U.S. EPA may modify this Approval for any of the causes identified below. In
modifying this Approval for cause, U.S. EPA may request an updated application
from Clean Harbors as necessary. U.S. EPA must follow the applicable
procedures set forth in Condition VI.A.2.C- d when modifying the Approval for
cause. The following are causes for modification of this Approval:

a. Alterations. There are materials and substantial alterations or additions to the
Facility or activity which occurred after the Approval was issued which justify
the application of conditions that are different or absent in the existing
Approval.

b. Information. U.S. EPA has received new or different information that was
not available or not provided at the time of Approval issuance that would have
justified the application of different Approval conditions at the time of
issuance.

c. New statutory requirements or regulations. The standards or regulations on
which the Approval was based have been changed by statute, through
promulgation of new or amended regulations, or by judicial decision after the
Approval was issued.

d. Compliance and/or construction schedules. U.S. EPA determines good
cause exists for modification of a compliance and/or construction schedule,
such as an act of God, strike, flood, or materials shortage or other events over
which Clean Harbors has little or no control and for which there is no
reasonably available remedy.

2. Modifications to this Approval Requested by Clean Harbors

a. Approval modifications for Clean Harbors are divided into three

classifications: Class 1, Class 2 and Class 3. The classifications determine the
procedure Clean Harbors must follow to modify the Approval. Appendix G of
this Approval lists the proposed modifications and corresponding
classifications.

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b. Class 1 Approval Modification Procedures

Except as provided in Condition VI.A.2.b.iv of this Section, Clean Harbors

may put into effect Class 1 modifications listed in Appendix G of this Section

under the following conditions:

i. Clean Harbors must notify U.S. EPA concerning the modification by
certified mail or other means that establish proof of delivery within 7
calendar days after the change is put into effect. This notice must specify
the changes being made to Approval conditions or supporting documents
referenced by the Approval and must explain why they are necessary;

ii. Clean Harbors must send a notice of the modification to all persons on the
Facility mailing list. This notification must be made within 90 calendar
days after the change is put into effect. For the Class 1 modifications that
require prior U.S. EPA approval, the notification must be made within 90
calendar days after U.S. EPA approves the request. The notice will have to
be translated into another language (e.g., Spanish) if U.S. EPA determines
that the demographics of the community surrounding the Facility requires
translation for full public participation. If this is the case, both the English
and translated versions of the notice should be sent to all persons on the
mailing list; and

iii. Any person may request U.S. EPA to review, and U.S. EPA may for cause
reject, any Class 1 modification. U.S. EPA must inform Clean Harbors by
certified mail if a Class 1 modification has been rejected, explaining the
reasons for the rejection. If a Class 1 modification has been rejected, Clean
Harbors must comply with the original Approval conditions.

iv. Class 1 permit modifications identified in Appendix G by an asterisk may
be made only with the prior written approval of U.S. EPA.

v. For a Class 1 Approval modification, Clean Harbors may elect to follow
the procedures for Class 2 modifications instead of the Class 1 procedures.
Clean Harbors must inform U.S. EPA of this decision in the notice
required in ConditionVI. A.2.b.i of this Section.

c. Class 2 Approval Modification Procedures

i. For Class 2 modifications, listed in Appendix G of this Approval, Clean
Harbors must submit a modification request to U.S. EPA that:

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(A) Describes the exact change to be made to the Approval conditions and
supporting documents referenced by the Approval;

(B) Identifies that the modification is a Class 2 modification;

(D) Provides applicable supporting information and documentation.

Clean Harbors must send a notice of the modification request to all
persons on the Facility mailing list and to the appropriate units of State
and local government and must publish this notice in a major local
newspaper of general circulation. This notice must be mailed and
published within 7 days before or after the date of submission of the
modification request to U.S. EPA, and Clean Harbors must provide U.S.
EPA with evidence of the mailing and publication. The notice will have to
be translated into another language (e.g., Spanish) if U.S. EPA determines
that the demographics of the community surrounding the Facility requires
translation for full public participation. If this is the case, both the English
and translated versions of the notice should be sent to all persons on the
mailing list. The notice must include:

(A) Announcement of a 60-day comment period, and the name and
address of a U.S. EPA contact to whom comments must be sent;

(B) Announcement of the date, time, and place for a public meeting if
requested;

(D) Name and telephone number of a U.S. EPA contact person; and

(E) Location where copies of the modification request and any supporting
documents can be viewed and copied.

Clean Harbors must place a copy of the Approval modification request
and supporting documents in a location accessible to the public in the
vicinity of the Facility.

If requested, Clean Harbors must hold a public meeting no earlier than 15
days after the publication of the notice required in Condition VI. A.2.c.ii of
this Section and no later than 15 days before the close of the 60-day
comment period. The meeting must be held to the extent practicable in the
vicinity of the Facility.

The public shall be provided 60 days to comment on the modification
request. The comment period will begin on the date Clean Harbors
publishes the notice in the local newspaper. Comments should be
submitted to the U.S. EPA contact identified in the public notice.

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vi. No later than 90 days after receipt of the notice of modification request,
U.S. EPA must:

(A) Approve the modification request, with or without changes, and
modify the Approval accordingly;

(B) Deny the request;

(C) Determine that the modification request must follow the procedures
for Class 3 modifications for the following reasons:

(1) There is significant public concern about the proposed
modification; or

(2) The complex nature of the change requires the more extensive
procedures of Class 3.

(D) Approve the request, with or without changes, as a temporary
authorization having a term of up to 180 days, or

(E) Notify Clean Harbors that U.S. EPA will decide on the request within
the next 30 days.

vii. If U.S. EPA notifies Clean Harbors of a 30-day extension for a decision,
the U.S. EPA must, no later than 120 days after the notice of modification
request:

(A) Approve the modification request, with or without changes, and
modify the Approval accordingly;

(B) Deny the request;

(C) Determine that the modification request must follow the procedures
for Class 3 modifications for the following reasons:

(1) There is significant public concern about the proposed
modification; or

(2) The complex nature of the change requires the more extensive
procedures of Class 3.

(D) Approve the request, with or without changes, as a temporary
authorization having a term of up to 180 days.

viii. If U.S. EPA fails to make one of the decisions specified in Condition

VI.A.2.c.vii of this Section by the 120th day after receipt of the notice of
modification request, Clean Harbors is automatically authorized to
conduct the activities described in the modification request for up to 180
days, without formal U.S. EPA action. The authorized activities must be

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conducted as described in the Approval modification request and must be
in compliance with all appropriate standards of 40 C.F.R. Part 761. If U.S.
EPA approves, with or without changes, or denies the modification request
during the term of the temporary or automatic authorization provided for
in Conditions VI.A.2.c.vi.(D), VI.A.2.c.vii.(D) and VI.A.2.c.viii of this
Section, such action cancels the temporary or automatic authorization.

(A) In the case of an automatic authorization under Condition
VI.A.2.c.viii of this Section, or a temporary authorization under
Conditions VI.A.2.c.vi.(D) or VI.A.2.c.vii(D) of this Section, if U.S.
EPA has not made a final approval or denial of the modification
request by the date 50 days prior to the end of the temporary or
automatic authorization, Clean Harbors must within seven days of
that time send a notification to persons on the Facility mailing list,
and make a reasonable effort to notify other persons who submitted
written comments on the modification request, that:

(1) Clean Harbors has been authorized temporarily to conduct the
activities described in the Approval modification request, and

(2) Unless U.S. EPA acts to give final approval or denial of the
request by the end of the authorization period, Clean Harbors
will receive authorization to conduct such activities for the life of
the Approval.

(B) If Clean Harbors fails to notify the public by the date specified in
Condition VI.A.2.c.viii.(A) of this Section, the effective date of the
permanent authorization will be deferred until 50 days after Clean
Harbors notifies the public.

Except as provided in Condition VI.A.2.c.xi of this Section, if U.S. EPA
does not approve or deny a modification request before the end of the
automatic or temporary authorization period or reclassify the modification
as Class 3, Clean Harbors is authorized to conduct the activities described
in the Approval modification request for the life of the Approval unless
modified later pursuant to a new modification proceeding pursuant to this
Section.

In making a decision to approve or deny a modification request, including
a decision to issue a temporary authorization or to reclassify a
modification as Class 3, U.S. EPA must consider all written comments

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submitted to the U.S. EPA during the public comment period and must
respond in writing to all significant comments in the final decision.

xi. With the written consent of Clean Harbors, U. S. EPA may extend
indefinitely or for a specified period the time periods for final approval or
denial of a modification request or for reclassifying a modification as
Class 3.

xii. U.S. EPA may deny or change the terms of a Class 2 Approval
modification request under Conditions VI.A.2.c.vi through VI.A.2.c.viii of
this Section for the following reasons:

(A) The modification request is incomplete;

(B) The requested modification does not comply with the appropriate
requirements of 40 C.F.R. Part 761 or other applicable requirements;
or

xiii. Clean Harbors may perform any construction associated with a Class 2
Approval modification request beginning 120 days after the submission of
the request unless U.S. EPA establishes a later date for commencing
construction and informs Clean Harbors in writing before day 120.

d. Class 3 Approval Modification Procedures

i. For Class 3 modifications listed in Appendix G of this Approval, Clean
Harbors must submit a modification request to U.S. EPA that:

(A) Describes the exact change to be made to the Approval conditions and
supporting documents referenced by the Approval;

(B) Identifies that the modification is a Class 3 modification;

(D) Provides applicable supporting information and documentation.

ii. Clean Harbors must send a notice of the modification request to all
persons on the Facility mailing list and to the appropriate units of State
and local government and must publish this notice in a major local
newspaper of general circulation. This notice must be mailed and
published within 7 days before or after the date of submission of the
modification request, and Clean Harbors must provide to U.S. EPA
evidence of the mailing and publication. The notice will have to be
translated into another language (e.g., Spanish) if U.S. EPA determines
that the demographics of the community surrounding the Facility requires

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translation for full public participation. If this is the case, both the English
and translated versions of the notice should be sent to all persons on the
mailing list. The notice must include:

(A) Announcement of a 60-day comment period, and the name and
address of a U.S. EPA contact to whom comments must be sent;

(B) Announcement of the date, time, and place for a public meeting if
requested;

(D) Name and telephone number of a U.S. EPA contact person; and

(E) Location where copies of the modification request and any supporting
documents can be viewed and copied.

iii. Clean Harbors must place a copy of the Approval modification request
and supporting documents in a location accessible to the public in the
vicinity of the Facility.

iv. If requested, Clean Harbors must hold a public meeting no earlier than 15
days after the publication of the notice required in Condition VI. A.2.d.ii
of this Section and no later than 15 days before the close of the 60-day
comment period. The meeting must be held to the extent practicable in
the vicinity of the Facility.

v. The public shall be provided 60 days to comment on the modification
request. The comment period will begin on the date Clean Harbors
publishes the notice in the local newspaper. Comments should be
submitted to the U.S. EPA contact identified in the public notice.

e. vi. U.S. EPA will consider and respond to all comments received during the

60-day comment period and will either approve, with or without changes, or

deny the Approval modification request. Other Modifications

i. In the case of modifications not explicitly listed in Appendix G of this
Approval, Clean Harbors may submit a Class 3 modification request to
U.S. EPA, or it may request a determination by U.S. EPA that the
modification should be reviewed and approved as a Class 1 or Class 2
modification. If Clean Harbors requests that the modification be classified
as a Class 1 or 2 modification, it must provide U.S. EPA with the
necessary information, as determined by U.S. EPA, to support the
requested classification.

ii. U.S. EPA shall make the determination described in Condition VI.A.2.e.ii
of this Section as promptly as practicable. In determining the appropriate
class for a specific modification, U.S. EPA shall consider the similarity of

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the modification to other modifications codified in Appendix G and the
following criteria:

(A) Class 1 modifications apply to minor changes that keep the Approval
current with routine changes to the Facility or its operation. These
changes do not substantially alter the Approval conditions or reduce
the capacity of the Facility to protect human health or the
environment. In the case of Class 1 modifications, U.S. EPA may
require prior approval.

(B) Class 2 modifications apply to changes that are necessary to enable
Clean Harbors to respond, in a timely manner, to,

(1) Common variations in the types and quantities of the wastes
managed under the Facility Approval;

(2) Technological advancements; or

(3) Changes necessary to comply with new regulations, where these
changes can be implemented without substantially changing
design specifications or management practices in the Approval.

B. Transfer of Ownership

1. At least 30 days prior to the proposed transfer of ownership of the property or the
proposed transfer of the right to operate PCB management activities at the
Facility, Clean Harbors shall:

a. Submit notice to U.S. EPA that includes a notarized affidavit signed by the
transferee which states that the transferee will abide by this Approval [40
C.F.R. § 761.650)]; and

b. Provide the financial assurance for closure that the transferee will have in
effect as of the date of proposed transfer.

2. The date of transfer of this Approval shall be the date U.S. EPA provides written
approval of the transfer.

C. Revoke, Suspend or Deny Renewal

1. U.S. EPA may issue a notice of deficiency, suspend or terminate this Approval,
deny an Application for Approval renewal, or take an enforcement action, if U.S.
EPA determines that one or more of the following conditions have occurred [40
C.F.R. § 761.65(d)(4)(iv)]:

a. Noncompliance with the conditions of this Approval or with the PCB
regulations at 40 C.F.R. Part 761;

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b. Failure by Clean Harbors in the Approval application or Approval issuance
process to disclose fully all relevant facts, or Clean Harbors's
misrepresentation of any relevant facts at any time;

c. U.S. EPA's issuance of new regulations, standards or guidance for issuing
PCB approvals; or

d. The PCB Clean Harbors process is being operated in a manner which may
result in an unreasonable risk to human health and the environment.

2. For a termination or suspension of the Approval, U.S. EPA shall provide 30-day
notice to Clean Harbors of the condition(s) warranting the action. U.S. EPA will
not terminate or suspend the Approval if Clean Harbors can sufficiently
demonstrate within the 30-day period to U.S. EPA satisfaction that it has
eliminated or corrected the condition(s) warranting the termination or suspension.
5 U.S.C. § 558(c).

D. Continuation

1. The conditions of this Approval shall administratively continue beyond the
expiration date if:

a. Clean Harbors has submitted an Application for renewal to U.S. EPA in
accordance with Subsection VI.E of this Approval; and

b. U.S. EPA, through no fault of Clean Harbors, does not issue a new Approval
with an effective date on or before the expiration date of this Approval.

E. Renewal or Closure

1. Clean Harbors shall, at least 180 days, but not more than 270 days, prior to
expiration of this Approval, submit to U.S. EPA either a written notice of its
intent to seek renewal of the Approval or a revised Closure Plan to initiate the
closure process for the Facility. The written notice shall consist of an application
that includes all documents necessary to satisfy the requirements for a TSCA PCB
Approval under 40 C.F.R. Part 761. If Clean Harbors intends to close the Facility,
the Closure Plan included as part of this Approval shall be revised to reflect
current operating conditions at the Facility. The revised Closure Plan shall be
approved in writing by U.S. EPA prior to implementation.

VD. Definitions

Unless otherwise defined below, all the terms and acronyms used in this Approval shall
have the same definitions as those set forth in 40 C.F.R. § 761.3 of the TSCA.

1. "Approval" means this TSCA Approval to operate a facility that manages PCBs.

2. "C.F.R." means the Code of Federal Regulations.

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3. "Closure Plan" means the Closure Plan for the Facility.

4. "Day" means a calendar day unless otherwise stated as an operating day.

5. "Facility" means Clean Harbors Los Angeles, LLC hazardous waste management
facility located near Vernon, CA.

6. "Facility Mailing List" means the list persons, organizations and government
agencies that will receive copies of correspondence related to the TSCA
Approval.

7. "Information Repository" means the reference desk of the local Library.

8. "Local Library" means the Florence Library located in Florence, CA. Information
sent to the library should be directed to the Library Manager.

9. "Operator" refers to Clean Harbors Los Angeles, LLC.

10. "PCB or PCBs" means any chemical substance that is limited to the biphenyl
molecule that has been chlorinated to varying degrees or any combination of
substances which contains such substance.

11. "PCB Item" means any PCB Article, PCB Article Container, PCB Container,
PCB Equipment, or anything that deliberately or unintentionally contains or has
as a part of it any PCB or PCBs.

12. "PPM" means parts per million or milligrams per kilogram.

13. "State RCRA Permit" means the DTSC permit issued to Clean Harbors for
management of hazardous wastes.

14. "TSCA" means Toxic Substances Control Act, 15 USC 2601 etseq. as
implemented by 40 C.F.R. Part 761.

15. "U.S. EPA" means Manager, RCRA Facilities Management Office, Waste
Management Division, United States Environmental Protection Agency, Region
9, or successor.

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Figure 1 - Site Location Map

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Figure 2 -

Facility Diagram

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Appendix A
TSCA Application

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Appendix B
1997 TSCA Approval

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Appendix C
RCRA Part "B" Application

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Appendix D
TSCA Inspection Reports

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Appendix E
Endangered Species Act Determination

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Appendix F

National Historic Preservation Act Determination

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Appendix G
Approval Modification Classifications

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