Public Notice Information
RCR
13742
Safety-Kleen
13915 A Plaza
Omaha NE
Public Notice Documents
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Permit Renewal
August 15, 2017
September 29, 2017

Page 1


PUBLIC NOTICE

THE NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY (NDEQ) IS TODAY PROVIDING PUBLIC NOTICE OF ITS INTENT TO RE-ISSUE A HAZARDOUS WASTE STORAGE PERMIT UNDER THE AUTHORITY OF THE NEBRASKA ENVIRONMENTAL PROTECTION ACT, NEB. REV. STAT. § 81-1501, ET SEQ. AND THE RESOURCE CONSERVATION AND RECOVERY ACT (RCRA), AS AMENDED.

THE NDEQ HAS RECEIVED AND REVIEWED A RCRA HAZARDOUS WASTE PERMIT RENEWAL APPLICATION SUBMITTED BY SAFETY-KLEEN SYSTEMS, INC. TO OPERATE AN EXISTING HAZARDOUS WASTE STORAGE FACILITY AT 13915 A PLAZA IN OMAHA, NEBRASKA.

The permit will allow Safety-Kleen Systems, Inc. to operate two container storage areas and one aboveground storage tank. The two container storage areas are used for storage of spent immersion cleaner, dry cleaning waste, paint waste, and spent aqueous parts washer solvent. The aboveground tank is used for the storage of spent parts washer solvent.

The permit will be re-issued for a term of 5 years and will supersede NDEQ’s previously issued September 28, 2011 portion of the permit (Part I) and the U.S. Environmental Protection Agency (EPA) September 28, 2006 portion of the permit (Part II).

The EPA’s September 28, 2006 RCRA Permit issued to Safety-Kleen Systems, Inc. in Omaha, Nebraska has been continued since the Permit’s expiration date of September 28, 2016. In accordance with Title 40 of the Code of Federal Regulations §270.51(d) EPA’s Permit will remain in effect until the effective date of a new Permit issued by the NDEQ.

A copy of the public notice, fact sheet, draft permit, administrative record, and related correspondence is available for review from August 15, 2017 to September 29, 2017 at the following locations: Millard Library, 13214 Westwood Lane, Omaha, NE 68144, 402-444-4848 and NDEQ, Suite 400, The Atrium, 1200 N Street
Lincoln, NE 68509, 402-471-3557.


NDEQ has not scheduled a public hearing; however, if requests are received which indicate a significant degree of public interest, a public hearing will be scheduled. Requests for a public hearing shall be in writing to the NDEQ and shall state the nature of the issues proposed to be raised in the hearing.

All persons wishing to comment on the Safety-Kleen Systems, Inc. draft permit must submit the comments in writing postmarked on or prior to September 29, 2017 to the NDEQ at P.O. Box 98922, Lincoln, Nebraska 68509, Attention: David B. Haldeman, Administrator, Land Management Division.

After the public comment period, and public hearing (if determined necessary), NDEQ will consider all comments that have been received, and the Director will make a final permit decision. Notice of the final decision will be given to Safety-Kleen Systems, Inc. and to each person who submitted comments or requested notice of the final decision. If none of the comments received result in a revision to the draft permit, the permit will become effective immediately upon issuance of the final permit decision. If comments received during the public comment period result in revision(s), the permit will become effective thirty (30) days after service of notice of the final decision to allow for public review of the revisions. The permit may be appealed under Neb. Rev. Stat. § 81-1509.

Interested persons may obtain further information from William C. Gidley (NDEQ) at (402) 471-4210.

FACT SHEET for SAFETY-KLEEN SYSTEMS, INC., OMAHA, NEBRASKA

This fact sheet provides information regarding the permit process under the Resource Conservation and Recovery Act (RCRA) and the Nebraska Environmental Protection Act, Neb. Rev. Stat. §§81-1501 through 81-1533 and in accordance with the requirements of Title 40 Code of Federal Regulations Subpart 124.8 (40 CFR 124.8) and Title 128 – Nebraska Hazardous Waste Regulations for the Safety-Kleen Systems, Inc., Omaha, Nebraska hazardous waste storage facility. This permit process is being conducted by the Nebraska Department of Environmental Quality (NDEQ) for the re-issuance of the RCRA permit.

I. Background
Safety-Kleen Systems, Inc. has operated a hazardous waste storage facility at 13915 A Plaza, Omaha, Nebraska under interim status since July 3, 1985 and under a hazardous waste storage permit since March 27, 1995 and was assigned the following EPA/NDEQ identification number: NED 981 495 724. The Omaha facility is an accumulation point for spent parts washer solvent and other wastes generated by Safety-Kleen’s customers. The facility will be permitted to accumulate hazardous waste in two container storage areas and one above ground storage tank.

One container storage area, known as the North Container Storage Area (NCSA), is located inside the North Warehouse and the other one, known as the South Container Storage Area (SCSA), is located inside the South Warehouse. The NCSA may store spent immersion cleaner, dry cleaning waste, aqueous parts washer solvent, and sediment from the return and fill, while the SCSA will store paint waste within a flammables storage room in addition to those wastes listed for the NCSA. The container storage areas in the North Warehouse and South Warehouse are capable of storing up to 4,920 gallons and 62,920 gallons of hazardous waste, respectively. The container storage areas provide secondary containment and comply with the standards of Title 128, 40 CFR Part 264 Subpart I, and Part 270 requirements for container storage areas.

The above ground hazardous waste storage tank stores spent parts washer solvent and has a 15,000-gallon capacity. The storage tank has secondary containment and complies with the standards of Title 128, 40 CFR Part 264 Subpart J, and Part 270 for tank storage units.

Emergency equipment is available at or near these storage units, and appropriate warning signs are posted. Additional information on the hazardous waste storage facilities can be found in the draft permit and administrative record or can be obtained from the NDEQ contact person.

II. Permitting Regulatory Authority
In 1985, the State of Nebraska received final authorization from the U.S. Environmental Protection Agency (EPA) to implement its own hazardous waste management program in lieu of the federal one except for those portions covered by the 1984 Hazardous and Solid Waste Amendments (HSWA). In January 2017, authority for the corrective action portion of the RCRA program was delegated to the State of Nebraska by the EPA.

The draft permit sets forth in a concise document all of the applicable requirements NDEQ will require the permittee to comply with during the five (5) year duration of the permit. The draft hazardous waste permit includes general permit conditions, general facility conditions, storage in containers and tanks, air emission standards, as well as corrective action requirements. Section G addresses corrective action for all releases or future releases of hazardous waste or hazardous constituents from any solid waste management unit (SWMU) or area of concern (AOC) at this facility. Section G includes general conditions, process steps, and a facility submission summary for corrective action activities.

The draft permit is being considered for issuance under authority of Nebraska statutes §81-1505(13) et seq. and Title 128 – Nebraska Hazardous Waste Regulations. The corrective action requirements of this permit have been developed based on the results of the RCRA Facility Assessment Report, EPA corrective action guidance, and other documents contained in the administrative record. Documents that support the permit conditions specified in the draft permit are part of the administrative record.

III. Public Participation and Permitting Process
The purpose of the public participation processes is to ensure that interested parties have the opportunity to evaluate the conditions specified in the draft permit and to provide their input into the permit decision-making process.

As required by Title 128 – Nebraska Hazardous Waste Regulations and 40 CFR Part 124, the public must be given at least a forty-five (45) day comment period for a draft permit prepared under RCRA. The public comment period begins on August 15, 2017 and ends on September 29, 2017. The public notice was published in a local newspaper of general circulation and was broadcast over local radio stations. Additionally, a copy of the public notice was also sent to a mailing list of known interested citizens, environmental groups, media, and governmental officials and agencies.

The NDEQ has not scheduled a public hearing; however, if requests are received which indicate a significant degree of public interest a public hearing will be scheduled. Requests for a public hearing shall be in writing to the NDEQ and shall state the nature of the issues proposed to be raised in the hearing.

The NDEQ will consider all the comments that have been received. All persons wishing to comment on the Safety-Kleen Systems, Inc. draft permit must submit the comments in writing postmarked on or prior to September 29, 2017 to the NDEQ at P.O. Box 98922, Lincoln, Nebraska 68509, Attention: David B. Haldeman, Administrator, Land Management Division.

The Administrative Record, which includes the draft permit, permit application, and other relevant correspondence, is available for public review at the following locations and times:

Millard Library Mon, Tue, Wed……10:00 a.m. – 8:00 p.m.
13214 Westwood Lane Thur., Fri, Sat………10:00 a.m. – 6:00 p.m.
Omaha, Nebraska 68144 Sunday………………1:00 p.m. – 6:00 p.m.
402-444-4848

Nebraska Department of Environmental Quality,
Monday – Friday, 8:00 a.m. – 5:00 p.m.
Suite 400, The Atrium, 1200 N Street, Lincoln, NE 68509, 402-471-3557
Contact: Brent Luebbe (402-471-4210)

IV. Procedures for Reaching a Final Decision
At the close of the public comment period, and public hearing (if determined necessary), NDEQ will consider all comments that have been received, and will then make a final decision on the draft permit for Safety-Kleen Systems, Inc. Notice of the final decision will be given to Safety-Kleen Systems, Inc. and to each person who submitted comments or requested notice of the final decision. If none of the comments received result in a revision to the draft permit, the permit will become effective immediately upon issuance of the final permit decision. If comments received during the public comment period result in revision(s), the permit will become effective thirty (30) days after service of notice of the final decision to allow for public review of the revisions to the permit. The permit may be appealed under Neb. Rev. Stat. § 81-1509.

V. Permit Organization
The draft permit is organized in the following manner:

Cover Sheets with Signature
Sets forth basic legal authority.
Section A – Definitions
Definitions used in the permit.
Section B – General Conditions
General permit conditions which are the regulatory requirements specified in 40 CFR 270 / Title 128.
Section C – General Facility Conditions
General facility permit conditions which are the regulatory requirements in 40 CFR 264 / Title 128.
Section D – Storage in Containers
Specific operating conditions, limitations, procedures, container limitations, and requirements which implement the regulatory requirements of 40 CFR 264, Subpart I / Title 128.
Section E – Storage in Tanks
Specific operating conditions, limitations, procedures, tank limitations, and requirements which implement the regulatory requirements of 40 CFR 264, Subpart J / Title 128.
Section F – Air Emission Standards
Specific operating conditions, limitations, procedures for air emissions from tanks and containers are regulated under 40 CFR 264 Subpart AA, BB, and CC, as incorporated by reference in Title 128.
Section G – Corrective Action
Specific conditions and framework for assessing the nature and extent of releases and, if necessary, implementing corrective measures to protect human health and the environment, pursuant to the regulatory requirements of 40 CFR 264.101, as incorporated by reference in Title 128, which address corrective action for releases of hazardous waste management units and areas of concern, as appropriate.