Public Notice Denial of Dangerous Waste Management Permit and Termination of Interim Status for CleanCare Corp.


Proposed Decision available for public comment

The Washington Department of Ecology (Ecology) proposes to deny a dangerous waste management facility permit (permit) to CleanCare Corporation (CleanCare) for its facility in Tacoma, WA, and to terminate interim status for the facility. CleanCare has already ceased storing, treating, and recycling dangerous waste at the site.

The result of this decision, if implemented, will be that management of dangerous wastes requiring a treatment, storage or disposal permit will no longer be allowed at this facility. Anyone who wishes to treat, store, or dispose of dangerous waste at this site will be required to obtain a dangerous waste management facility permit prior to the start of any dangerous waste activity that is not specifically exempt from permitting und Chapter 173-303 WAC.

The public’s comments are due by December 9, 2002. See page 2 for more information.

Background

The CleanCare facility is located in the Tacoma tideflats area at 1507 Taylor Way. Formerly known as Northwest Processing, Inc., the facility processed used oil into fuel in the mid 1980s. Over the years, more activities were added, including recycling antifreeze and parts washer solvent, blending hazardous waste fuel, and consolidating hazardous wastes generated by small quantity generators. Northwest Processing was incorporated into CleanCare Corporation in 1992.

In 1992, Northwest Processing received interim status to store dangerous waste. This status is available to facilities that existed before they became regulated by the federal hazardous waste laws and/or the Dangerous Waste Regulations, Chapter 173-303 WAC. "Interim status" allows a facility to continue operating while it and the regulating agencies complete the process leading to a final permit decision. Both state and federal regulations require a facility having interim status to submit a detailed permit application for their "final status" permit. CleanCare submitted an initial application for a final permit in 1988 and a series of revisions from 1990 through 1999. Ecology's review of the applications resulted in four notices of deficiency, which are reports detailing what the facility must do to correct deficiencies in the application.

Over a period of 2 1/2 years, CleanCare repeatedly failed to correct significant violations of the Dangerous Waste Regulations that Ecology identified during inspections and site visits.

In November 1999, CleanCare, through its legal representative, notified Ecology of its intent to close the facility. CleanCare ceased operation on November 17, 1999. The U. S. Environmental Protection Agency was forced to conduct an emergency cleanup and spent millions of dollars to remove waste abandoned at the site.

Ecology’s Draft Decision

Ecology proposes to deny a permit to CleanCare Corporation due to the company’s repeated failure to correct deficiencies in its application and to demonstrate that its management of dangerous waste would protect human health and /or the environment. These are the standards under the Dangerous Waste Regulations for denying a permit.

When denying a permit, Ecology must also terminate interim status. This is because interim status applies only until Ecology decides to issue or deny a final permit. The termination of interim status, however, does not relieve an owner or operator of responsibility for closure of the facility and any post-closure care required by law, including corrective action required to address environmental contamination.


State Environmental Policy Act (SEPA)

As Ecology’s proposal is to deny a draft permit and to eliminate interim status, a SEPA review is not required.

Ecology welcomes comments

Ecology is seeking public comment on the proposed decisions. A public hearing may be scheduled if Ecology receives significant comments or requests. Ecology will provide a thirty-day advance notice of any scheduled hearing date. Additional information about this action can be requested by calling Mr. Stone at (360) 407-6344, 711 or (800) 833-8973 (TDD), or by accessing Ecology’s website at www.ecy.wa.gov. Send comments to:

By letter or e-mail:
Alex Stone
Department of Ecology
Hazardous Waste & Toxics Reduction
Southwest Regional Office,
PO Box 47775
Olympia, WA 98504-7775
e-mail address: alst461@ecy.wa.gov


For hand delivery:
Alex Stone
Department of Ecology
Hazardous Waste & Toxics Reduction Program
300 Desmond Drive,
Lacey, WA 98503


To be considered, comments must be postmarked or received (by e-mail or via hand delivery) by December 9, 2002.

The most effective comments are those in which the commenter provides specific information describing why he or she believes Ecology’s action is inappropriate.

Responding to comments

Ecology will consider and respond to all written comments the public, agencies and the applicant submit by the deadline and to any testimony received during the hearing, if one is held. After considering the comments and testimony, Ecology will make its final decision, or a new tentative decision.

To review information

You may review information Ecology used to make its decision to deny CleanCare’s permit and to terminate interim status for the facility at the Department of Ecology’s Hazardous Waste and Toxics Reduction Program offices between 9 a.m. and 4:30 p.m. weekdays:
 300 Desmond Drive, Lacey, WA 98503. Contact: Sherri Greenup, (360) 407-6365

For more information

If you have questions, or want to obtain documents in an alternative format, contact Alex Stone at the address above or at (360) 407-6344, 711 or (800) 833-6388(TDD). To be on a list to receive future mailings regarding permitting (or changes to permits) for facilities statewide that manage dangerous/hazardous waste, please also contact Alex Stone.