DSHW-2024-005428

Aragonite Coordinated TSCA/RCRA 2024 Approval
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION 8

IN THE MATTER OF ) COORDINATED APPROVAL FOR DISPOSAL
Clean Harbors Aragonite, ) OF TSCA/RCRA WASTE BY INCINERATION AND
a subsidiary of Clean Harbors, Inc., ) WAIVER OF TECHNICAL REQUIREMENTS
based in Massachusetts ) FOR DISPOSAL OF
) POLYCHLORINATED BIPHENYL (PCB) WASTE

AUTHORITY

This Coordinated Approval and Waiver of Technical Requirements (Approval) to commercially
dispose of Polychlorinated Biphenyls (PCB) waste is issued to Clean Harbors Aragonite, a subsidiary
of Clean Harbors, Inc., (Aragonite) pursuant to Section 6(e) of the Toxic Substances Control Act
(TSCA), 15 U.S.C. § 2601 et seq., and the Federal PCB Regulations, 40 Code of Federal Regulations
(C.F.R.) §§ 761.77, 761.70, and 761.65. Conditions of this Approval supersede any conflicting
elements of the Application and previous Approvals by the United States Environmental Protection
Agency, Region 8 (EPA). Should any conflicts arise between this approval and the Clean Harbors
permits issued pursuant to the Resource Conservation and Recovery Act (RCRA), or the Clean Air Act
(CAA), the more stringent provisions shall be effective.

WAIVER OF TECHNICAL REQUIREMENTS

Pursuant to its authority under 40 C.F.R. § 761.70(d)(5), the EPA waives the technical requirement at
40 C.F.R. § 761.70(a)(1)(i) for a burn temperature of 2192°F (±180°F) at the afterburner exit to allow
waste feed cutoff if the temperature drops to less than 1972°F for an hourly rolling average basis. The
waiver is granted based on the results of the May 2-4, 2023 Comprehensive Performance Test
demonstrating that PCBs were successfully burned with a 99.9999% destruction and removal efficiency
(DRE).

EFFECTIVE DATE

This Approval shall become effective upon signature and shall expire on March 30, 2029, unless
suspended, revoked, or terminated, or administratively continued, in accordance with the conditions of
this Approval, or unless otherwise authorized under applicable law, or upon expiration or termination
of the RCRA Part B Permit, whichever comes first. Aragonite shall apply for an extension of the
Approval in writing at least 90 days, but no sooner than 120 days, prior to the expiration date of this
Approval.

Aragonite Coordinated TSCA/RCRA 2024 Approval
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DEFINITIONS

All the terms and abbreviations used in this Approval shall have the meanings as defined in 40 CFR
§ 761.3 unless the context clearly indicates otherwise or unless the term is defined below for the
purposes of this Approval.

1) “Application” means the following documents submitted by Aragonite for approval:
a. January 2001, Metco Environmental Miniburn Test Report, Safety-Kleen (Aragonite), Inc. b. January 24, 2002 letter from Mr. Shawn Raju to EPA Region 8 requesting a Coordinated TSCA/RCRA Approval for disposal of PCBs by incineration for the Safety-Kleen (now Clean Harbors) Aragonite facility. c. Trial Burn of October 2003, Interim Report 2007 Test Burn of October 2007, and the Test Burn of 2008. d. May 2 through May 4, 2023, Comprehensive Performance Test at Aragonite and July 2023 Comprehensive Performance Test Report.

2) “EPA” means the U.S. Environmental Protection Agency Region 8 RCRA and Chemicals Branch
within the Land, Chemicals and Redevelopment Division (LCRD) where the office is in Denver,
Colorado.

3) “UDEQ” means the Utah Department of Environmental Quality, Division of Waste Management
and Radiation Control (DWMRC) where the main office is in Salt Lake City, Utah.

4) “RCRA Part B Permit” means the Resource Conservation and Recovery Act (RCRA) Part B
Operating Permit, issued to Aragonite by the UDEQ, as revised.

5) “TSCA” means the Toxic Substances Control Act of 1976, 15 U.S.C. 2601, et seq.

CONDITIONS OF APPROVAL

1) Aragonite shall operate in accordance with the 1989 RCRA Part B Permit, as revised.
• Specific requirements for PCB waste management are included in Attachment 17, as
revised.
• Aragonite is authorized to store PCBs and PCB items designated for disposal in accordance
with the RCRA Part B, Modules 3 and 4, as revised.

2) The requirements of the RCRA Part B Permit referenced in this Approval are incorporated into this
Approval with the full force and effect as if fully set forth herein. Aragonite shall notify the EPA in
writing at least fifteen (15) calendar days in advance of any pending amendment to the RCRA Part
B Permit requirements referenced in this Approval affecting the conditions found at §§ 761.77,
761.70, and 761.65(d).

3) Aragonite shall also notify the EPA of any new provision concerning PCB waste that is not
included under 40 C.F.R. § 761.70, which also requires approval, or which would be less stringent
than a requirement of the PCB regulations.
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4) Aragonite shall notify the EPA in writing before or within five (5) calendar days of the changes in
the RCRA Part B Permit modifications or the referenced standard operating procedures relating to
PCB waste acceptance, management and/or requirements. Where Aragonite has notified the EPA
of the amendment as required, any amendment of the RCRA Part B Permit will be automatically
incorporated as an amendment to this Approval as of the date such amendment takes effect in the
RCRA Part B Permit, unless otherwise specified in writing by the RCRA and Chemicals Branch
Manager.

5) As a commercial storer and disposer, Aragonite shall comply with the Spill Prevention Control and
Countermeasure (SPPC) Plan, all the PCB regulations including Subparts J and K, e.g., marking,
storage, notification, manifesting, and annual document logs.

6) Notifications to the EPA required under this Approval shall be addressed to the RCRA and
Chemicals Branch Manager. Aragonite shall coordinate with the EPA Region 8 PCB Coordinator
to submit documents, including self-reported violations, to the EPA electronically. The EPA will
notify the facility of any changes to contact information. At the time of this Approval, contact
information is as follows:

a. RCRA and Chemicals Branch Manager: Amy Hensley, [e-mail]
b. EPA Region 8 PCB Coordinator: Natalie Cannon, [e-mail]

7) Aragonite shall notify the RCRA and Chemicals Branch Manager in writing at least 30 days before
transferring ownership of Aragonite. This notice shall include a notarized affidavit signed by the
transferee that states that the transferee is willing to abide by all conditions of this approval. The
transferring ownership shall be handled in accordance with 40 C.F.R. § 761.65(j).

8) After receiving Aragonite’s notification and application to modify the Application, the intended
transferee’s affidavit, evidence that the intended transferee has established financial assurance for
closure pursuant to 40 CFR § 761.65(g), and other documents the EPA may require under
40 CFR § 761.65(j)(2), the EPA may either:
i. Modify the approval to substitute the transferee's name for Aragonite and make other
conforming minor modifications, or
ii. Require the intended transferee to submit a new application and/or apply for a new
approval.

9) The intended transferee shall not operate the Facility until the RCRA and Chemicals Branch
Manager issues an approval in the transferee’s name.
iii. Aragonite must maintain its financial assurance for closure for the Facility until the
intended transferee has established financial assurance for closure of the Facility pursuant
to 40 CFR § 761.65(g), and the EPA issues an approval in the transferee’s name.
iv. The EPA may revoke, suspend, and/or modify this Approval or the transferee’s new
approval if, following a change in ownership or operational control at the Facility, there is
a change in the Facility’s operations and the EPA finds that this Approval or the
transferee’s new approval will not prevent unreasonable risk of injury to health or the
environment.
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10) Aragonite shall notify the RCRA and Chemicals Branch Manager of any application it makes for
modification of the design/construction or closure of the incinerator within five (5) working
calendar days of requesting such application with the UDEQ.

11) Aragonite shall maintain financial assurance for closure of the incinerator and the PCB storage
facility. Aragonite shall notify the EPA in writing within five (5) working days if it fails to comply
with the financial assurance requirements.

12) Aragonite shall notify the EPA in writing at least 60 days prior to the date it expects to begin
closure and post closure of the incinerator and/or commercial storage of PCBs.

APPROVAL STATEMENT

1) This Approval is predicated upon Aragonite having provided the EPA with all material facts
necessary for the determinations made herein. Any misrepresentation or omission by Aragonite of
any material fact in the application for this Approval or the application for the RCRA Permit shall
constitute sufficient cause for the EPA to revoke, suspend, and/or modify this Approval, in addition
to any other legal or equitable relief or remedy the EPA may choose to pursue under applicable
law.

2) The EPA finds that the operations to be authorized under this Approval, conducted in accordance
therewith, will not present an unreasonable risk of injury to human health or the environment. This
Approval may be revoked, suspended and/or modified at any time if the EPA determines that
implementation of this Approval presents an unreasonable risk of injury to human health or the
environment. Nothing in this Approval vitiates any right or remedy concerning the operation of the
Aragonite facility otherwise available to the EPA under section 6(e) of TSCA, 15 U.S.C. § 2605
and/or 40 C.F.R. Part 761.

3) Aragonite shall be responsible for the actions (or the failure to act) of all individuals who
implement or are otherwise involved in any activities taken pursuant to, or otherwise required
under, this Approval. Aragonite’s acceptance of this Approval constitutes Aragonite’s agreement to
comply with 1) all conditions and terms of this Approval, and 2) all applicable provisions of
federal, state, or local law. Any failure by Aragonite to comply with any condition or terms of this
Approval shall constitute a violation of said Approval, which has been issued pursuant to 40 C.F.R.
§§ 761.77, 761.70, and 761.65. Any such violation(s) may result in an action by the EPA for any
legal or equitable relief or remedy available under applicable law. Any such violation might also
result in the EPA revoking, suspending, and/or modifying this Approval.

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4) This Approval is conditional upon the ongoing consent of Aragonite to allow the EPA employees
or agents, upon presentation of credentials, to enter onto the site and inspect, sample, copy records
or otherwise monitor the Aragonite activities at any reasonable time for the purpose of determining
compliance with this Approval and/or the PCB regulations.

5) Operation of the incinerator by Aragonite shall constitute acceptance of and agreement to all
conditions of this Approval.

_____________________________________________
Amy Hensley, Branch Manager
RCRA and Chemicals Branch