DEQ-CFW_00073956

I.D. NUMBER NCD047368642 DATE ISSUED: 9/28/2012
PERMIT NO. NCD047368642-R2-M3 DATE MODIFIED: 7/1/2015
STATE OF NORTH CAROLINA
DIVISION OF WASTE MANAGEMENT
HAZARDOUS WASTE MANAGEMENT PERMIT
Permittee:
Chemours Company —Fayetteville Works
22828 NC Highway 87 W
Fayetteville, NC 28306-7332
Owner:
The Chemours Company FC, LLC
1007 Market Street
Wilmington, DE 19898
Pursuant to the 15A NCAC 13A North Carolina Hazardous Waste Management Rules, an
operating permit is issued to the Chemours Company — Fayetteville Works hazardous waste
management facility located in the Cape Fear River Basin in Fayetteville, Bladen County on NC
Highway 87 W, at latitude 34' 50' 00" N and longitude 78' 50' 00" W.
The Permittee must comply with all terms and conditions of the permit. This permit consists of
the conditions discussed in Parts I, A III, IV, V, VI, VII, VIII and IX; the applicable regulations
contained in 15A NCAC 13A including the applicable provisions of 40 CFR Parts 260 through
264, 266, 268, 270 and 124; statutory requirements of N.C.G.S. 130A-Article 9 (Solid Waste
Management Act as amended) and the attached Application.
Applicable regulations are those which are in effect on the date of issuance of this permit [40
CFR 270.32(c) as adopted in 15A NCAC 13A.0113] and are attached.
This permit is based on the assumption that the information submitted in the permit application
and as modified by subsequent amendments (hereafter referred to as the Attachment) is accurate
and that the facility will be operated as specified in the Attachment. Any inaccuracies found in
this information could lead to the termination or modification of this permit and potential
enforcement action [40 CFR 270AI, 270.42, and 270.43 as adopted in 15A NCAC 13A .0113].
The Permittee shall inform the North Carolina Department of Environment and Natural
Resources of any deviation from or changes in the information in the application which would
affect the Permittee's ability to comply with the applicable regulations or permit conditions.
This modified permit is effective as of July 1, 2015, and shall remain in effect until September 28,
2022, [40 CFR 270.50 as adopted in 15A NCAC 13A .0113] unless revoked and reissued,
terminated or continued in accordance with 40 CFR 270.51 as adopted in 15A NCAC 13A .0113.
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Hazardous Waste Section
The State of North Carolina
Department of Environment & Natural Resources
Waste Management Division
Hazardous Waste Section
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DEQ-CFW 00073956

TABLE OF CONTENTS
PART OF PERMIT TOPIC
PART I Standard Conditions
PART II General Facility Conditions
PART M Storage in Containers
PART IV Storage/Treatment in Tanks
PART V Corrective Action for Solid Waste Management Units (SWMUs) and
Areas of Concern (ADCs)
PART VI Waste Minimization
PART VII Land Disposal Restrictions
PART VIII Organic Air Emissions Requirements for Process Vents and Equipment Leaks
PART IX RCRA Organic Air Emission Requirements
APPENDICES TO THE PERMIT
Appendix A Summary of Solid Waste Management Units and Areas of Concern
Appendix B RCRA Facility Investigation (RFI) Workpian Outline
Appendix C Corrective Measure Study (CMS) Plan Outline
Appendix D Schedule of Compliance
Appendix E Facility Drawing
Attachments
Chemours Company — FUetteville Works Hazardous Waste Part B ADDlication
Section
Tic
PART A
Part A Application
PART B
Facility Description
PART C
Waste Analysis Plan
PART D
Process Information
PART E
Groundwater Monitoring Systems
PART F
Procedures to Prevent Hazards
PART G
Contingency Plan
PART H
Personnel Training
PART I
Closure Plans, Post -Closure Plans, and Financial Requirements
PART J
Other Federal Laws
PART K
Certification
PART L
Information Required for Solid Waste Management Units
PART M
Closure Equivalency Determination
PART N
N.C. State Specific Requirements
Section AA
Air Emission Standards for Process Vents
Section BB
Air Emission Standards for Equipment Leaks
Section CC
Air Emission Standards for Tanks, Surface Impoundments and Containers
Reaulations
15A NCAC 13A May 17, 2011 Certification
DEQ-CFW 00073957

.A
B
C.
a
PART I - STANDARD CONDITIONS
EFFECT OF PERMIT
The Permittee is allowed to store and treat hazardous waste in accordance
with the conditions of this permit. Compliance with this permit constitutes
compliance, for purposes of enforcement, with the N.C. Hazardous Waste
Management Rules (15A NCAC 13A) and N.C.G.S. 130A-Article 9 (Solid Waste
Management Act as amended). Issuance of this permit does not convey property
rights of any sort or any exclusive privilege; nor does it authorize any
injury to persons or property, any invasion of other private rights, or any
infringement of State or local law or regulations. Compliance with the terms
of this permit does not constitute a defense to any action brought under any
law governing protection of public health or the environment for any imminent
and substantial endangerment to human health or the environment.
PERMIT ACTIONS
This permit may be modified, revoked and reissued, or terminated for cause as
specified in 40 CFR 270.41, 270.42, and 270.43 as adopted in 15A NCAC 13A
.0113. The filing of a request for a permit modification, revocation and
reissuance, or termination or the notification of planned changes or
anticipated noncompliance on the part of the Permittee does not stay the
applicability or enforceability of any permit condition.
SEVERABILITY
The provisions of this permit are severable, and if any provision of this
permit or the application of any provision of this permit to any
circumstance, is held invalid, the application of such provision to other
circumstances, and the remainder of this permit shall not be affected
thereby.
DUTIES AND REQUIREMENTS
1. Duty to Comply. The Permittee shall comply with all conditions of this
permit, except to the extent and for the duration such noncompliance is
authorized by an emergency permit issued under 40 CFR 270.61 as adopted
in 15A NCAC 13A .0113. Any permit noncompliance constitutes a violation
of N. C. Hazardous Waste Management Rules and N.C.G.S. 130A-Article 9
(Solid Waste Management Act as amended) and is grounds for enforcement
action, permit termination, revocation and reissuance, modification, or
for denial of a permit renewal application.
Duty to Reapply. If the Permittee will continue an activity allowed or
required by this permit after the expiration date of this permit, the
Permittee shall submit a complete application for a new permit at least
180 days before this permit expires. Owners and operators of hazardous
waste management units must have a permit during the active life of the
unit and for any period necessary to comply with the corrective action
requirements of this permit.
Permit Expiration. This permit and all conditions therein will remain
in effect beyond the permit's expiration date and until a decision is
made concerning issuance of a new permit if the Permittee has submitted
a timely, complete application at least 180 days before the expiration
date of the permit (see 15A NCAC 13A .0113(b), (c), (d), and (e) as
required) and through no fault of the Permittee, the Secretary of the
Department of Environment and Natural Resources or his designee
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DEQ-CFW 00073958

(hereafter referred to as the Department) has not issued a new permit as
set forth in 40 CFR 124.15 as adopted in 15A NCAC 13A .0105.
4. Need to Halt or Reduce Activity Not a Defense. It shall not be a
defense for a Permittee in an enforcement action that it would have been
necessary to halt or reduce the permitted activity in order to maintain
compliance with the conditions of this permit.
5. Duty to Mitigate. The Permittee shall take all reasonable steps to
minimize or correct any adverse impact on the environment resulting from
noncompliance with this permit.
6. Proper Operation and Maintenance. The Permittee shall, at all times,
properly operate and maintain all facilities and systems of treatment
and control (and related appurtenances) used by the Permittee to achieve
compliance with the conditions of this permit. Proper operation and
maintenance includes effective performance, adequate funding, adequate
operator staffing and training,, and adequate laboratory and process
controls, including appropriate quality assurance procedures. This
provision requires the operation of back-up or auxiliary facility or
similar systems only when necessary to achieve compliance with the
conditions of the permit.
7. Duty to Provide Information. The Permittee shall furnish to the
Department, within a reasonable time, any relevant information which the
Department may request to determine whether cause exists for modifying,
revoking and reissuing, or terminating this permit, or to determine
compliance with this permit. The Permittee shall also furnish to the
Department, upon request, copies of records required to be kept by this
permit.
8. Inspection and Entry. The Permittee shall allow the Department or an
authorized representative, upon the presentation of credentials and
other documents as may be required by law to:
a. Enter at reasonable times upon the Permittee's premises where a
regulated facility or activity is located or conducted, or where
records must be kept under the conditions of this permit;
b. Have access to and copy, at reasonable times, any records that must
be kept under the conditions of this permit;
C. Inspect at reasonable times any facilities, equipment (including
monitoring and control equipment), practices, or operations
regulated or required under this permit; and
d. Sample or monitor, at reasonable times, for the purposes of
assuring permit compliance or as otherwise authorized by the N.C.
Hazardous Waste Management Rules, any substances or parameters at
any location.
9. Monitoring and Records.
a. Samples and measurements taken for the purpose of monitoring shall
be representative of the monitored activity. The method used to
obtain a representative sample of the waste to be analyzed must be
the appropriate method from Appendix I of 40 CFR Part 261 as
adopted in 15A NCAC 13A .0106 and as stated in Section C of the
Application. Laboratory methods must be those specified in Section
C of the Application.
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DEQ-CFW 00073959

b. The Permittee shall retain records of all monitoring information,
including all calibration and maintenance records and all original
strip chart recordings for continuous monitoring instrumentation,
copies of all reports and records required by this permit, and
records of all data used to complete the application for this
permit for a period of at least three (3) years from the date of
the sample, measurement, report or record. These periods may be
extended by request of the Department at any time and are
automatically extended during the course of any unresolved
enforcement action regarding this facility.
C. Records of monitoring information shall include:
i. The date, exact place, and time of sampling or measurements;
ii. The individual(s) who performed the sampling or
measurements;
iii. The date(s) analyses were performed;
iv. The individual(s) who performed the analyses;
V. The analytical techniques or methods used; and
vi. The results of such analyses.
10. Reporting Planned Changes. The Permittee shall give notice to the
Department as soon as possible of any planned physical alterations or
additions to the permitted facility, including alterations or additions
which may impact any Hazardous Waste Management Units (HWMUs), Solid
Waste Management Units (SWMUs), Areas of Concern (ADCs), or the areas
contaminated by them, including voluntary corrective measures to the
SWMUs or AOCs listed in Appendix A at the permitted facility as defined
in 40 CFR 270.2 as adopted in 15A NCAC 13A .0113.
11. Anticipated Noncompliance. The Permittee shall give advance notice to
the Department of any planned changes in the permitted facility or
activity which may result in noncompliance with permit requirements.
12. Transfer of Permits. This permit may be transferred to a new owner or
operator only if it is modified or revoked and reissued pursuant to 40
CFR 270.40, 270.41 and 270.42 as adopted in 15A NCAC 13A .0113. Before
transferring ownership or operation of the facility during its operating
life, the Permittee shall notify the new owner or operator in writing of
the requirements of 40 CFR 264 as adopted in 15A NCAC 13A .0109 and 40
CFR 270 as adopted in 15A NCAC 13A .0113.
13. Com liance Schedules. Reports of compliance;or noncompliance. with, or
any progress reports on, interim and final requirements contained in any
compliance schedule of this permit shall be submitted no later than
fourteen (14) days following each schedule date.
14. Twenty-four Hour Reporting. The Permittee shall report to the
Department any noncompliance which may endanger health or the
environment. Any information shall be provided orally within 24 hours
from the time the ermittee becomes aware of the circumstances. The
following shall be included as information which must be reported orally
within 24 hours:
a. Information concerning release of any hazardous waste that may
cause an endangerment to public drinking water supplies.
b. Any information of a release or discharge of hazardous waste, or of
a fire or explosion from the facility, which could threaten the
environment or human health outside the facility. The description
of the occurrence and its cause shall include:
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DEQ-CFW 00073960

i. Name, address, and telephone number of the owner or
operator;
ii. Name, address, and telephone number of the facility;
iii. Date, time, and type .of incident;
iv. Name and quantity of material(s) involved;
V. The extent of injuries, if any;
vi. An assessment of actual or potential hazard to the
environment and human health outside the facility, where
this is applicable; and
vii. Estimated quantity and disposition of recovered material
that resulted from the incident.
A written submission shall also be provided within five (5) days of the
time the Permittee becomes aware of the circumstances. The written
submission shall contain a description of the noncompliance and its
cause; the periods of noncompliance (including exact dates and times),
and if the noncompliance has not been corrected, the anticipated time it
is expected to continue; and steps taken or planned to reduce,
eliminate, and prevent reoccurrence of the noncompliance. The Permittee
need not comply with the five-day written notice requirement if the
Department waives that requirement and the Permittee submits a written
report within fifteen (15) days of the time the Permittee becomes aware
of the circumstances.
15. Other Noncompliance. The Permittee shall report all other instances of
noncompliance not otherwise required to be reported at the time
monitoring reports are submitted. The reports shall contain the
information listed in Condition I.D.14.
16. Other Information. When the Permittee becomes aware that he failed to
submit any relevant facts in the permit application, or submitted
incorrect information in a permit application or in any report to the
Department, the Permittee shall promptly submit such facts or
information.
E. SIGNATORY REQUIREMENTS
All reports or other information requested by the Department shall be signed
and certified according to 40 CFR 270.11 as adopted in 15A NCAC 13A .0113.
F. DOCUMENTS TO BE MAINTAINED AT FACILITY SITE
The Permittee shall maintain at the facility, until closure and all RCRA
corrective action is completed and certified by an independent registered
professional engineer, the following documents and amendments, revisions and
modifications to these documents:
1. Waste analysis plan submitted in accordance with 40 CFR 264.13 as
adopted in 15A NCAC 13A-.0109 and Section C of the Application.
2. Personnel training documents and records submitted in accordance with 40
CPR 264.16(d) as adopted in 15A NCAC 13A .0109 and Section H of the
Application.
3. Contingency plan submitted in accordance with 40 CFR 264.53(a) as
adopted in 15A NCAC 13A .0109 and Section G of the Application.
4. Closure plan submitted in accordance with 40 CFR 264.112(a) as adopted
in 15A NCAC 13A .0109 and Section I of the Application.
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DEQ-CFW 00073961

5. Cost estimate for facility closure and corrective action submitted in
accordance with 40 CFR 264.142(d) and 40 CFR 264.101 as adopted in 15A
NCAC 13A .0109.and Section I of the Application.
6. Operating record required by 40 CFR 264.73 as adopted in 15A NCAC 13A
.0109 and Sections C, D, F, G, H, BB and CC of the Application.
7. Inspection schedules developed in accordance with 40 CFR 264.15(b) as
adopted in 15A, NCAC 13A .0109 and Section F of the Application.
All amendments, revisions and modifications to any plan or cost estimates
required by this permit shall be submitted to the Department for approval
and/or permit modifications.
G. BIENNIAL REPORT
The Permittee shall prepare and submit a biennial report by March 1 of each
even numbered year in accordance with 40 CFR 264.75 as adopted in 15A NCAC
13A .0109, The biennial report must be submitted on EPA form 8700-13 A/B.
The report must cover facility activities during the previous calendar year
H. MANIFEST SYSTEM
1. The Permittee shall utilize the manifest system when receiving hazardous
waste from off -site in accordance with 40 CFR 264.71 as adopted in 15A
NCAC 13A .0109 unless the Permittee submits an unmanifested waste report
in accordance with 40 CFR 264.76 as adopted in 15A NCAC 13A .0109.
2. The Permittee shall report any manifest discrepancies in accordance with
40 CFR 264.72 as adopted in 15A NCAC 13A .0109.
I. DEFINITIONS
For purposes of this permit, terms used herein shall have the same meaning as
those in the North Carolina Hazardous Waste Management Rules and Solid Waste
Management Law unless this permit specifically provides otherwise; where
terms are not defined in 15A NCAC 13A, G.S. 130A - Article 9, the permit, or
United States Environmental Protection Agency guidance documents and
publications, the meaning associated with such terms shall be defined by a
standard dictionary reference or the generally accepted scientific or
industrial meaning of the term.
Corrective Action shall be defined as all activities including activities
conducted beyond the facility boundary, that are proposed or implemented
to facilitate assessment, monitoring, and active or passive remediation of
releases of hazardous waste or hazardous constituents to soil,
groundwater, surface water, or the atmosphere associated with Hazardous
Waste Management Units (HWMUs), Solid Waste Management Units (SWMUs),
and/or Areas of Concern (AOCs) located at the facility or off -site, as
required by 40 CFR 264.100 and 264.101 and adopted in 15A NCAC 13A .0109
or as otherwise required and specified by this permit.
J. CONFIDENTIAL INFORMATION
The Permittee may claim confidential any information required to be submitted
by this permit in accordance with 40 CFR 270.12 as adopted in 15A NCAC 13A
.0113.
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DEQ-CFW 00073962

K. APPROVAL/DISAPPROVAL OF SUBMITTALS
The Department will review the workplans, reports, schedules, and other
documents ("submittals") which require the Department's approval in
accordance with the conditions of this permit. The Department will notify
the Permittee in writing of any submittal that is disapproved, and the basis
therefore. Condition I.L. shall apply only to submittals that have been
disapproved and revised by the Department, or have been disapproved by the
Department, then revised and resubmitted by the Permittee, and again
disapproved by the Department.
L. DISPUTE RESOLUTION
Notwithstanding any other provisions in this permit, in the event the
Permittee disagrees, in whole or in part, with the Department's revision of a
submittal or disapproval of any revised submittal required by the permit, the
following may, at the Permittee's discretion, apply:
1. In the event that the Permittee chooses to invoke the provisions of this
section, the Permittee shall notify the Department in writing within
thirty (30) days of receipt of the Department's revision of a submittal
or disapproval of a revised submittal. Such notice shall set forth the
specific matters in dispute, the position the Permittee asserts should
be adopted as consistent with the requirements of_the permit, the basis
for the Permittee's position, and any matters considered necessary for
the Department's determination.
2. The Department and the Permittee shall have an additional thirty (30)
days from the Department's receipt of the notification provided for in
Condition I.L.1. to meet or confer to resolve any disagreement.
3. In the event an agreement is reached, the Permittee shall submit the
revised submittal and implement the same.in accordance with and within
the time frame specified in such agreement.
4. If agreement is not reached within the thirty (30) day period, the
Department will notify the Permittee in writing of his/her decision on
the dispute, and the Permittee shall comply with the terms and
conditions of the Department's decision in the dispute. For the
purposes of this provision in this permit, the responsibility for making
this decision shall not be delegated below the Chief of the Hazardous
Waste Section.
Invoking any of the dispute resolution procedures of this section does
not -preclude the Permittee from exercising any of its other rights to
petition for a contested case hearing or appeal in accordance with N.C.
General Statute 150B. Nor does invoking any of the dispute resolution
procedures of this section extend or delay the time periods in which the
Permittee must exercise any of those other rights to petition or appeal.
5. With the exception of those conditions under dispute, the Permittee
shall proceed to take any action required by those portions of the
submission and of the permit that the Department determines are not
affected by the dispute.
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DEQ-CFW 00073963

PART II - GENERAL FACILITY CONDITIONS
A. Authorized Waste
The Permittee is authorized to store and/or treat the following hazardous
wastes or categories of hazardous waste in accordance with the conditions
specified in this permit:
08
Characteristic
D001,
D002,
D003,
D004,
DOO5,
SO1, S02
D006,
D007,
D008,
D009,
D010,
DO11,
DO18,
DO19,
D021,
D022,
DO27,
D028,
D029,
D030,
D032,
D033,
D034,
D035,
D036,
D037,
D039,
D040
Characteristic
D018,
D028
T01
Hazardous waste from
F602,
F003,
FOOS
SO1, S02
non-specific sources
*Process Code:
S01: container storage
S02: tank storage
T01: tank treatment
B. Design and Operation of Facility
The Permittee shall maintain and operate the facility to minimize the
possibility of a fire, explosion, or any unplanned sudden or nonsudden
release of hazardous waste constituents to air, soil or surface water which
could threaten human health or the environment.
C. Receipt of Off -Site Wastes
The Permittee shall not accept shipments of hazardous waste from off -site.
D. General Waste Analysis
The Permittee shall follow the procedures described in the waste analysis
plan as indicated in Section C of the Application. Results of these analyses
shall be maintained as per 40 CFR 264.13 as adopted in 15A NCAC 13A .0109 and
as identified in Condition I.D.9. The Permittee shall verify the waste
analysis as part of the quality assurance program. The quality assurance
program will be in accordance with current EPA practices or equivalent
methods approved by the Department, and at a minimum shall ensure that the
Permittee maintains proper functional instruments, uses approved sampling and
analytical methods, assures the validity of sampling and analytical
procedures, and performs correct calculations.
E. Security.
The Permittee shall comply with the security provisions of 40 CFR 264.14(b)
and (c) as adopted in 15A NCAC 13A .0109 and Section F of the Application.
DEQ-CFW 00073964

F. General Inspection Requirements.
The Permittee shall follow the inspection schedule as described in Section F
of the Application and shall comply with 40 CFR 264.15(c) and (d) as adopted
in 15A NCAC 13A .0109.
G. Personnel Training
The Permittee shall conduct personnel training in accordance with 40 CFR
264.16 as adopted in 15A NCAC 13A .0109 and as described in Section H of the
Application.
H. General Requirements for Ignitable, Reactive, or Incompatible Waste
The Permittee shall comply with the requirements of 40 CFR 264.17(a), (b) and
(c) as adopted in 15A NCAC 13A .0109.
I. Required Equipment
The Permittee shall equip the facility and make readily available to
operating personnel the necessary equipment to carry out the contingency
plan, as described in Sections F and G of the Application. At all times, the
equipment requirement described in 40 CFR 264.32 as adopted in 15A NCAC 13A
.0109 shall be met.
J. Testing and Maintenance of Equipment
The Permittee shall test and maintain the equipment specified in the previous
permit condition and as identified in Sections F and G of the Application as
necessary to ensure its proper operation in time of emergency.
K. Access to Communications or Alarm System
The Permittee shall maintain access to the communications or alarm system as
required by 40 CFR 264.34 as adopted in 15A NCAC 13A .0109.
L. Contingency Plan.
1. Implementation of Plan. The Permittee shall immediately carry out the
provisions of the contingency plan whenever there is a fire, explosion,
or release of hazardous waste or constituents which threatens or could
threaten human health or the environment as required by 40 CFR 264.56 as
adopted in 15A NCAC 13A .0109.
2. Copies of Plan. The Permittee shall comply with the requirements of 40
CFR 264.53 as adopted in 15A NCAC 13A .0109.
3. Amendments to Plan. The Permittee shall review and immediately amend,
if necessary, the contingency plan, in accordance with 40 CFR 264.54 as
adopted in 15A NCAC 13A .0109 and shall provide documentation that the
groups listed in 40 CFR 264.53(b) have received the revised copy of the
contingency plan.
4. Emergency Coordinator. The Permittee shall comply with the requirements
of 40 CFR 264.55 as adopted in 15A NCAC 13A .0109, concerning the
emergency coordinator.
M. Manifest System
The Permittee shall comply with the manifest requirements of 40 CFR 264.71,
264.72, and 264.76 as adopted in 15A NCAC 13A .0109.
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DEQ-CFW 00073965

N. Record -Keeping and Reporting
1. Operating Record. The Permittee shall maintain a written operating
record at the facility in accordance with 40 CFR 264.73(a), (b)(1), (2),
(3), (4), (5), (6), (8), (9), (16) and (19) as adopted in 15A NCAC 13A
.0109 and described in the Application.
2. Biennial Report. The Permittee shall comply with the biennial report
requirements of 40 CFR 264.75 as adopted in 15A NCAC 13A .0109.
0. Closure
1. Performance Standard. The Permittee shall close the facility in
accordance with the closure plan as described in Section I of the
Application and as required by 40 CFR 264.111 as adopted in 15A NCAC 13A
.0109.
2. Amendment to Closure Plan. The Permittee shall amend the closure plan
in accordance with 40 CFR 264.112(c) as adopted in 15A NCAC 13A..0109
whenever necessary.
3. Notification of Closure. The Permittee shall notify the Department in
writing at least forty-five (45) days prior to the date he expects to
begin closure.
4. Time Allowed For Closure. Within ninety (90) days after receiving the
final volume of hazardous waste, the Permittee shall treat or remove
from the site all hazardous waste in accordance with the schedule
specified in the closure plan. After receiving the final volume of
hazardous waste, the Permittee shall complete closure activities in
accordance with the schedule specified in the closure plan in Section I
of the Application.
5. Disposal or Decontamination of Equipment. The Permittee shall comply
with the requirements of 40 CFR 264.114 as adopted in 15A NCAC 13A
.0109.
6. Certification of Closure. The Permittee shall certify that the facility
has been closed in accordance with the specifications in the closure
plan as required by 40 CFR 264.115 as adopted in 15A NCAC 13A .0109.
P. Cost Estimate for Facility Closure
The Permittee shall comply with the requirements of 40 CFR 264.142 as adopted
in 15A NCAC 13A .0109, including the requirements to adjust and revise the
cost estimates, when necessary. The Permittee's closure cost estimate is
described in Section I of the Application.
Q. Financial Assurance for Facility Closure
The Permittee shall demonstrate continuous compliance with 15A NCAC 13A
.0109(i) including 40 CFR 264.143 as adopted in 15A NCAC 13A .0109, or where
applicable with 40 CFR 264.146, 264.149, 264.150, and 264.151 as adopted in
15A NCAC 13A .0109 by providing documentation of financial assurance in at
least the amount of the cost estimates required by Condition II.P. and
Section I of the Application.
The financial mechanism used shall be that instrument specified in Section I
of the Application. The Permittee may propose using a different mechanism by
submitting a -new financial instrument to the Department for approval. The
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DEQ-CFW 00073966

F
S.
T
U
Permittee must submit this documentation no later than sixty (60) days prior
to the effective date of the proposed change. The existing financial
mechanism shall remain in force until the change is approved.
Liability Requirements
The Permittee shall comply with the requirements of 40 CFR 264.147 as adopted
in 15A NCAC 13A .0109, including the requirements to have and maintain
liability coverage for sudden and accidental occurrences in the amount of at
least $1 million per occurrence with an annual aggregate of at least $2
million, exclusive of legal defense costs.
The financial mechanism used shall be that instrument specified in Section I
of the Application. The Permittee may propose using a different mechanism by
submitting a new financial instrument to the Department for approval. The
Permittee must submit this documentation no later than sixty (60) days prior
to the effective date of the proposed change. The existing financial
mechanism shall remain in force until the change is approved.
Incapacity of Owners or Operators, Guarantors, or Financial Institutions
The Permittee shall comply with 40 CFR 264.148 as adopted in 15A NCAC 13A
.0109 whenever necessary.
Corrective Action
The Permittee shall perform corrective action as required in 40 CFR 264.100
and .101 as adopted in 15A NCAC 13A .0109 and the approved remedy in V.I. of
this permit.
Cost Estimate for Completion of Corrective Action.
1. The Permittee shall prepare a remedial strategy and a cost estimate for
the.completion of any corrective action required under this permit for
solid waste management units in order to provide financial assurance for
completion of corrective action as required under 40 CFR 264.90(a)(2)
and 264.101(b) as adopted in 15A NCAC 13A .0109. The remedial strategy
shall be a plan for remedies for the adversely impacted areas at the
facility and beyond the facility boundary. The level of detail and
specificity related to the remedial technologies being considered for
the facility shall increase as the facility obtains more information
through facility characterization. The cost estimate will be based upon
the cost of assessment of soil and groundwater and the installation,
operation, inspection, monitoring, and maintenance of the corrective
action system for remediation of contaminated soil and groundwater to
meet the requirements of 40 CFR 264.100 and 264.101 as adopted in 15A
NCAC 13A .0109 and this permit. Such cost estimate will include the
full cost (100%) of corrective action as defined by Part I.I. of this
permit.
2. The Permittee shall submit the remedial strategy and cost estimate for
completion of corrective action required under 40 CFR 264.90(a)(2),
264.100 and 264.101 as adopted in 15A NCAC 13A .0109 and this permit
within one hundred eighty (180) days of the effective date of this
permit.
3. The Permittee shall annually adjust the cost estimate for inflation
sixty (60) days prior to the anniversary date of the establishment of
the financial assurance mechanism unless using a financial test or
corporate guarantee, in which case the estimate shall be updated thirty
(30) days after the close of the firm's fiscal year.
II-4
DEQ-CFW 00073967

4. The Permittee shall submit cost adjustments for modifications to the
corrective action plan to the Section within thirty (30) calendar days
after receiving approval of the modification if the change increases the
cost of corrective action.
V. Financial Assurance for Corrective Action.
1. The Permittee shall demonstrate continuous compliance with 40 CPR
264.90(a)(2) and 264.101 as adopted in 15A NCAC 13A .0109 by providing
documentation of financial assurance using a mechanism described in 40
CFR 264.151 and 264.145 as adopted in 15A NCAC 13A .0109 or a mechanism
described in 15A NCAC 13A .0109(i) in at least the amount of the cost
estimate required under Condition II.U. or for an amount agreed upon by
the Department.
2. The Permittee shall submit financial assurance for the full cost of
corrective action, or for an amount agreed upon by the Department, as
required under 40 CPR 264.90(a)(2), 264.100 and 264.101 as adopted in
15A NCAC 13A .0109 no later than sixty (60) days after the approval of
the cost estimate described in II.0 of this permit.
3. Only the mechanisms described in 15A NCAC 13A .0109(i) may be used for
financial assurance for corrective action. References to regulatory
requirements for "closure and/or post -closure care" shall be replaced
with the phrase "closure, post -closure care, and/or corrective action."
W. Local Government Input for Contingency Plan.
1. Permit Renewal Requirements.
a. At least 120 days prior to submitting an application for renewal of
this permit the Permittee shall provide to the county manager in
which the facility is located, to any head of a municipality with
planning jurisdiction over the site of the facility, and to all
emergency response agencies that have a role under the contingency
plan for the facility all of the following information:
i. Information on the nature and type of operations to occur at
the facility.
ii. Identification of the properties of the hazardous waste to
be managed at.the facility.
iii. A copy of the draft contingency plan for the facility that
includes the proposed role for each local government and
each emergency response agency that received information
under this subsection.
iv. Information on the hazardous waste locations within the
facility.
b. The Permittee shall request that within 60 days of receiving the
information required in Section II.W.l.a, each local government and
emergency response agency that receives information under II.W.l.a
of this permit shall respond to the Permittee in writing as to the
adequacy of the contingency plan and the availability and adequacy
of its resources and equipment to respond to an emergency at the
facility that results in a release of hazardous waste or hazardous
II-5
DEQ-CFW 00073968

waste constituents into the environment according to the role set
forth for the local government or emergency response agency under
the contingency plan.
C. The Permittee shall include in the renewal application
documentation that each local government and emergency response
agency received the information required under II.W.l.a,of this
permit, the written responses the Permittee received under II.W.l.b
of this permit, and verification by each that its resources and
equipment are available and adequate to respond to an emergency at
the facility in accordance with its role as set forth in the
contingency plan. If the Permittee does not receive a timely
verification from the local government or emergency response agency
notified in Section II.W.l.a the Permittee shall notify the HW
Section and indicate the non response in the application.
2. Ongoing Permit Requirements.
At each two year interval after the permit is issued the Permittee shall
verify that the resources and equipment of each local government and
emergency response agencies that have a role under the contingency plan
for the facility are available and adequate to. respond to an emergency
at the facility in accordance with its role as set forth in the
contingency plan. Documentation of the verification must be submitted
to the Section on or before the anniversary date of the effective date
of the permit.
The contact for the local government shall be the county manager in
which the facility is located and the head of a municipality with
planning jurisdiction over the site of the facility if one exists.
G.S 130A-295(d) - (g)
X. Special Conditions.
1. When a discrepancy exists between the wording of an item in the
Application and this permit, the permit requirements take precedence
over the Application.
2. Where a discrepancy exists between the RCRA Facility Assessment (RFA)
report and this permit as to the future requirements to be taken at the
facility, the permit requirements take precedence over the requirements
reflected in the report.
II-6
DEQ-CFW 00073969

PART III - STORAGE IN CONTAINERS
The container storage area consists of a reinforced 5 inch thick concrete pad
measuring 70 feet by 88 feet. The entire pad is surrounded by a chain link fence
and is covered by a roof. Containment system design provides for 7,801 gallons of
secondary containment. The maximum storage capacity is 70,400 gallons, which is
equivalent to 1,280 55-gallon drums. The largest container volume is 330 gallons.
Only hazardous wastes with the following waste codes shall be permitted for
storage in the container storage area: D001, D002, D003, D004, D005, D006, D007,
D008, D009, D010, D011, D018, D019, D021, D022, D027, D028, D029, D030, D032,
D033, D034, D035, D036, D037, D039, D040, F002, F003, F005.
A. Condition of Containers
If a container holding hazardous waste is not in good condition (e.g., severe
rusting, apparent structural defects) or if it begins to leak, the Permittee
shall transfer the hazardous waste from such container to a container that is
in good condition or manage the waste in some other way that complies with
the requirements of this permit.
B. Compatibility of Waste with Containers
The Permittee shall comply with 40 CFR 264.172 as adopted in 15A NCAC 13A
.0109 and ensure that the ability of the container to contain the waste is
not impaired.
C. Management of Containers
The Permittee shall manage containers in accordance with 40 CFR 264.173 as
adopted in 15A NCAC 13A .0109 and as described in Section D of the
Application. 55-gallon drums shall be placed on pallets, one layer of drums
per pallet, and shall be stacked no more than two pallets high.
D. Inspections
The Permittee shall inspect container storage areas in accordance with 40 CFR
264.174 as adopted in 15A NCAC 13A .0109 and as described in Section F of the
Application.
E. Aisle, Space
At a minimum, the Permittee shall maintain aisle space as required by 40 CFR
264.35 as adopted in 15A NCAC 13A .0109. A minimum aisle space of two feet
shall be maintained at all times.
F. Containment
The Permittee shall comply with the requirements of a containment system
found in 40 CFR 264.175 (b) (1) - (5) as adopted in 15A NCAC 13A .0109, including
having a base which is free of cracks and gaps and is able to contain leaks,
spills and accumulated rainfall until such time that the material is detected
and removed. The containment system must be designed for efficient drainage
and have sufficient capacity to contain 10t of the total volume of
containers. The Permittee shall maintain the containment system in
accordance with Section D of the Application
G. Special Requirements for Ignitable or Reactive Waste
The Permittee shall not locate containers holding ignitable or reactive waste
within 200 feet of the facility's property line
DEQ-CFW 00073970

H. Special Requirements for Incompatible Waste
1. The Permittee shall not place incompatible wastes in the same container.
2. The Permittee shall not place hazardous waste in an unwashed container
that previously held an incompatible waste or material.
3. The Permittee shall not store a container of hazardous waste that is
incompatible with any waste or material stored nearby in other
containers, piles, open tanks or surface impoundments unless the
container is separated from the other materials by a dike, berm, wall,
or other device.
I. Closure
The Permittee shall follow the closure plan as described in Section I of the
Application and shall comply with 40 CFR 264.178 as adopted in i5A NCAC 13A
.0109.
III-2
DEQ-CFW 00073971

PART IV - STORAGE/TREATMENT IN TANKS
The four waste tanks to be used for the storage/treatment of hazardous waste
consist of the following:
(1) VES waste Fluorocarbon Storage Tank (S02). An aboveground, vertical 86-
gallon stainless steel tank which is located in the Nafion Vinyl Ethers South
Process area. Fluorocarbon waste from various processes are collected and
stored in this tank. Dimensions are 24 inches in diameter and 52 inches high.
The concrete secondary containment area has a total capacity of 213 gallons.
(2) waste Fluorocarbon Storage Tank (S02). An aboveground, horizontal
i,100-gallon tank constructed of Hastelloy C276, which is located in the Nafion
Waste Fluorocarbon area. Fluorocarbon waste from various processes are
collected and stored in this tank. Dimensions are 69 inches in diameter and 105
inches long. The concrete secondary containment area has a total capacity of
13,305 gallons.
(3) waste Fluorocarbon Reactor (S02, TOl) An aboveground, horizontal 1,100-
gallon tank constructed of Hastelloy C276, which is located in the Nafion waste
Fluorocarbon area. Fluorocarbon waste from various processes are collected,
stored, and treated by neutralization in this tank. Dimensions are 69 inches in
diameter and 105 inches long. The concrete secondary containment area has a
total capacity of 13,305 gallons.
(4) waste DMSO Storage Tank (S02) An aboveground, horizontal 6,000 gallon
carbon steel tank which is located south of the Nafion Manufacturing Building.
Spent dimethyl sulfoxide (DMSO) and potassium hydroxide (KOH) from the Nafion
process are collected and stored in this tank. Dimensions are 102 inches in
diameter and 138 inches long. The concrete secondary containment area has a
total capacity of 21,663 gallons.
Only hazardous wastes with the following waste codes shall be permitted for
management in the waste tanks: D001, D002, D003, D004, D005, D006, D007, D008,
D009, D010, D011, D018, D019, D021, D022, D027, D028, D029, D030, D032,.D033,
D034, D035, D036, D037, D039, D040, F002, F003, F005.
A. Design of Tanks.
The Permittee shall maintain all tanks in accordance with Section D of the
Application.
B. Secondary Containment and Integrity Assessments.
The Permittee shall comply with 40 CFR 264.193(b)-(f) as adopted in 15A NCAC
13A .0109 and design, construct, and operate the secondary containment system
in accordance with the detailed design plans described in Section D of the
Application.
C. General Operating Requirements.
1.The Permittee shall not place hazardous wastes or treatment reagents in
the tank system if they could cause the tank, its ancillary equipment, or
a containment system to rupture, leak, corrode, or otherwise fail.
2.The Permittee shall prevent spills and overflows from the tank or
containment systems using the methods described in 40 CFR 264.194(b) as
adopted in 15A NCAC 13A .0109 and in Section D of the Application.
IV-1
DEQ-CFW 00073972

D. Res onse 'to Leaks or Spills.
In the event of a leak or a spill from the tank and/or secondary containment
system, or if a system becomes unfit for continued use, the Permittee shall
comply with 40 CFR 264.196 as adopted in 15A NCAC 13A .0109 and remove the
system from service immediately and complete the following actions:
1.Stop the flow of hazardous waste into the system and inspect the system to
determine the cause of the release;
2.Remove the waste and accumulated precipitation from the system within
twenty-four (24) hours of the detection of the leak to prevent further
release and to allow inspection and repair of the system. If the
Permittee finds that it will be impossible to meet this time period, the
Permittee must notify the Department and demonstrate that the longer time
period is required;
3.Contain visible releases to the environment. The Permittee shall
immediately conduct a visual inspection of all releases to the environment
and based on that inspection: (a) prevent further migration of the leak or
spill to soils or surface water and (b) remove and properly dispose of any
visible contamination of the soil or surface water;
4.Close the system in accordance with the closure plan as described in
Section I of the Application, unless the following actions are taken:
a. For a release caused by a spill that has not damaged the integrity of
the system, the Permittee shall remove the released waste and make any
necessary repairs of the system before returning the tank system to
service;
b. Fora release caused by a leak from the primary tank system to the
secondary containment system, the Permittee shall repair the primary
system prior to its return to service;
c. For a release to the environment caused by a leak from a component of
the tank system that is below ground and does not have secondary
containment, the Permittee must provide this component with secondary
containment that meets the requirements of 40 CFR 264.193 as adopted in
15A NCAC 13A .0109 before the component can be returned to service;
d. For a release to the environment caused by a leak from the aboveground
portion of the tank system that does not have secondary containment,
and can be visually inspected, the Permittee shall repair the tank
system before its return to service;
e. For a release to the environment caused by a leak from the portion of
the tank system component that is not readily available for visual
inspection, the Permittee shall provide secondary containment that
meets the requirements of 40 CFR 264.193 as adopted in 15A NCAC 13A
.0109 before the component can be returned to service;
f. If the Permittee replaces a component of the tank system to eliminate
the leak, that component must satisfy the requirements for new tank
systems or components in 40 CFR 264.192 and 264.193 as adopted in 15A
NCAC 13A .0109.
5.For all major repairs to eliminate leaks or restore the integrity of the
tank system, the Permittee must obtain a certification by an independent,
qualified, registered professional engineer that the repaired system is
IV-2
DEQ-CFW 00073973

capable of handling hazardous wastes without release for the intended life
of the system before returning the system to service.
E. Inspections.
1. The Permittee shall inspect the tank systems in accordance with 40 CFR
264.195 as adopted in 15A NCAC 13A .0109 and the inspection schedule in
Section F of the Application. The Permittee shall also develop and
follow a procedure for inspecting overfill controls.
2. The Permittee shall inspect the following components of the tank system
once each operating day:
a. Aboveground portions of the tank system, if any, to detect
corrosion or releases of waste;
b. Data gathered from monitoring and leak detection equipment (e.g.
pressure or temperature gauges, monitoring wells) to ensure that
the tank system is being operated according to its design; and
C. The area immediately surrounding the externally accessible portion
of the tank system, including the secondary containment system, to
detect erosion or signs of releases of hazardous. waste.
4. The Permittee shall document compliance with Conditions IV.E.2. and
place this documentation in the operating record for the facility.
F. Notifications and Recordkeeping.
1. The Permittee shall report to the Department within twenty-four (24)
hours of detection when a leak or spill occurs from the tank or
secondary containment system to the environment as described in 40 CFR
264.196(d)(1) as adopted in 15A NCAC 13A .0109.
2. Within thirty (30) days of release detection, the Permittee shall report
to the Department the information in 40 CFR 264.196(d)(3) as adopted in
15A NCAC 13A .0109.
3. The Permittee shall submit to the Department all certifications of major
repairs to correct leaks within seven (7) days from returning the tank
system to use.
4. The Permittee shall obtain and keep on file at the facility the written
statements by those persons required to certify the design and
installation of the tank system as required by 40 CFR 264.192(g) as
adopted in 15A NCAC 13A .0109.
5. The Permittee shall keep on file at the facility the written assessment
of the tank systems' integrity as required by 40 CFR 264.191(a) as
adopted in 15A NCAC 13A .0109.
G. Closure and Post -Closure Care.
1. The Permittee shall follow the closure plan as described in Section I of
the Application and shall comply with 40 CFR 264.197 as adopted in 15A
NCAC 13A .0109.
2. If the Permittee demonstrates that not all contaminated soils can be
practicably removed or decontaminated in accordance with the closure
plan, then the Permittee shall close the tank system(s) and perform
post -closure care following the procedures described in Section, I of the
IV-3
DEQ-CFW 00073974

Application and in 40 CFR 264.197(b) and (c) as adopted in 15A NCAC 13A
.0109.
H. Special Requirements for Ignitable or Reactive Wastes.
1. The Permittee shall not place ignitable or reactive waste in a tank,
unless the waste is stored or treated in such a way that it is protected
from any material or conditions that may cause the waste to ignite or
react.
2. The Permittee shall comply with the requirements of 40 CFR 264.198(b) as
adopted in 15A NCAC 13A .0109.
I. Special Requirements for Incompatible Wastes.
1. The Permittee shall not place incompatible wastes in the same tank.
2. The Permittee shall not place hazardous waste in an unwashed tank which
previously held an incompatible waste or material.
IV-4
DEQ-CFW 00073975

PART V - CORRECTIVE ACTION FOR SOLID WASTE MANAGEMENT UNITS (SWMUB)
and AREAS OF CONCERN (AOCs)
The purpose of this section is to provide the facility direction to:
1)perform a RCRA Facility Investigation to determine fully the nature and
extent of any release of hazardous waste and/or hazardous constituents
at or from the Facility;
2)perform a Corrective Measures Study to identify and evaluate
alternatives for the corrective measures necessary to prevent,
mitigate, and/or remediate any releases of hazardous wastes or
hazardous constituents at or from the Facility;
3)implement the corrective measure or measures selected by the Facility
and approved by the State; and
4)perform any other activities necessary to correct or evaluate actual or
potential threats to human health and/or the environment resulting from
the release or potential release of hazardous waste or hazardous
constituents at or from the Facility.
It is understood that some of the information that is required in this Section has
either been submitted or is in process.
A. APPLICABILITY
The Conditions of this Part apply to:
1. The Solid Waste Management Units (SWMUs) and Areas of Concern (ADCs)
identified in Appendix A (Table 4) of the permit, which require a RCRA
Facility Investigation (RFI).
2. The SWMUs and AOCs identified in Appendix A (Table 2) which require No
Further Action (NFA) at this time or are addressed under the permit.
3. The SWMUs and ADCs identified in Appendix A (Table 3) which require
confirmatory sampling.
4. Any additional SWMUs or ADCs discovered during the course of ground-
water monitoring, field investigations, environmental audits, or other
means.
5. Contamination beyond the facility boundary, if necessary. The Permittee
shall implement corrective actions beyond the facility boundary where
necessary to protect human health and the environment, unless the
Permittee demonstrates to the satisfaction of the Department that,
despite the Permittee's best efforts, as determined by the Department,
the Permittee was unable to obtain the necessary permission to undertake
such actions. The Permittee is not relieved of all responsibility to
clean up a release that has migrated beyond the facility boundary where
off -site access is denied. On -site measures to address such releases
will be determined on a case -by -case basis. Assurances of financial
responsibility for completion of such off -site corrective action will be
required.
B. DEFINITIONS
For purposes of this Part, the following definitions shall be applicable:
1. The term "area of concern" (AOC) includes any area having a probable
release of a hazardous waste or hazardous constituent which is not from
a solid waste management unit and is determined by the Department to
pose a current or potential threat to human health or the environment.
V-1
DEQ-CFW 00073976

Such areas of concern may require investigations and remedial action as
required under Section 3005 (c)(3) of the Resource Conservation and
Recovery Act and 40 CFR 270.32 (b)(2) as adopted in 15A NCAC 13A .0113
in order to insure adequate protection of human health and the
environment.
2. Corrective Action shall be defined as all activities including
activities conducted beyond the facility boundary, that are proposed or
implemented to facilitate assessment, monitoring, and active or passive
remediation of releases of hazardous waste or hazardous constituents to
soil, groundwater, surface water, or the atmosphere associated with
Hazardous Waste Management Units (HWMUs), Solid Waste Management Units
(SWMUs), and/or Areas of Concern (AOCs) located at the facility or off -
site, as required by 40 CFR 264.100 and 264.101 and adopted in 15A NCAC
13A .0109 or as otherwise required and specified by this permit.
A "Corrective Action Management Unit" (CAMU)includes any area within a
facility that is designated by the Department under part 264 Subpart S,
for the purpose of implementing corrective action requirements under 40
CFR 264.101 as adopted in 15A NCAC 13A .0109 and RCRA section 3008(h).
A CAMU shall only be used for the management of remediation wastes
pursuant to implementing such corrective action requirements at the
facility.
4. "Corrective measures" include all corrective action necessary to protect
human health and the environment for all releases of hazardous waste or
hazardous constituents from any area of concern or solid waste
management unit at the facility, regardless of the time at which waste
was placed in the unit, as required under 40 CFR 264.101 as adopted by
15A NCAC 13A .0109. Corrective measures may address releases to air,
soils, surface water or ground water.
5. "Extent of contamination" is defined as the horizontal and vertical area
in which the concentrations of the hazardous constituents in the
environmental media are above detection limits or background
concentrations indicative of the region, whichever is appropriate as
determined by the Department.
6. "Facility" includes all contiguous land, and structures, other
appurtenances, and improvements on the land, used for treating, storing,
or disposing of hazardous waste. A facility may consist of several
treatment, storage, or disposal operational units (e.g. one or more
landfills, surface impoundments, or combination of them). For the
purposes of implementing corrective action under 40 CFR 264.101 as
adopted in 15A NCAC 13A .0109, a facility includes all contiguous
property under the control of the owner or operator seeking a permit
under Subtitle C of RCRA.
7. A "hazardous constituent" for the purposes of this Part are those
substances listed in 40 CFR Part 261 Appendix VIII as adopted in 15A
NCAC 13A .0106 or 40 CFR 264 Appendix IX as adopted in 15A NCAC 13A
.0109.
8. "Interim Measures" are actions necessary to minimize or prevent the
further migration of contaminants and limit actual or potential human
and environmental exposure to contaminants while long-term corrective
action remedies are evaluated and, if necessary, implemented.
9. The term "land disposal" means placement in or on the land except for a
CAMU and includes, but is not limited to, placement in a landfill,
surface impoundment, waste pile, injection well, land treatment
V-2
DEQ-CFW 00073977

facility, salt dome formation, underground mine or cave, or concrete
vault or bunker intended for disposal purposes.
10. "Landfill" includes any disposal facility or part of a facility where
waste is placed in or on the land and which is not a pile, a land
treatment facility, a surface impoundment, an underground injection
well, a salt dome formation, a salt bed formation, an underground mine,
a cave, or a corrective action management unit.
11. A "release" for purposes of this Part includes any spilling, leaking,
pumping, pouring, emitting, emptying, discharging, injecting, escaping,
leaching, dumping, or disposing into the environment of any hazardous
waste or hazardous constituents.
12. "Remediation waste" includes all solid and hazardous wastes, and all
media (including ground water, surface water, soils, and sediments) and
debris, which contain listed hazardous wastes or which themselves
exhibit a hazardous waste characteristic, that are managed for the
purpose of implementing corrective action requirements under 40 CFR
264.101 as .adopted in 15A NCAC 13A .0109 and RCRA section 3008 (h). For
a given facility, remediation wastes may originate only from within the
facility boundary, but may include waste managed.in implementing RCRA
sections 3004 (v) or 3008 (h) for releases beyond the facility boundary.
13. The term "solid waste" means any garbage, refuse, sludge from a waste
treatment plant, water supply treatment plant, or air pollution control
facility and other discarded material, including solid, liquid, semi-
solid, or contained gaseous material resulting from industrial,
commercial, mining and agricultural operations, and from community
activities, but does not include solid or dissolved material in domestic
sewage, or solid or dissolved materials in irrigation return flows or
industrial discharges that are point sources subject to permits under
Section 402 of the Federal Water Pollution Control Act, as amended (86
Stat. 880), or source, special nuclear, or by-product material as
defined by the Atomic Energy Act of 1954, as amended (68 Stat. 923).
14. A "Solid Waste Management Unit" (SWMU) for the purposes of this Part
includes any unit which has been used for the treatment, storage, or
disposal of solid waste at any time, irrespective of whether the unit is
or ever was intended for management of solid waste. RCRA regulated
hazardous waste management units are also solid waste management units.
Solid Waste Management Units include areas which have become
contaminated by routine and systematic releases of hazardous waste or
hazardous constituents, excluding one-time accidental spills that are
immediately remediated and cannot be linked to solid waste management
activities (e.g., product or process spills).
15. A "Temporary_ Unit" (TU) includes any temporary tanks and/or container
storage areas used solely for treatment or storage of hazardous
remediation wastes during specific remediation activities. Designated
by the Department, such units must conform to specific standards, and
may only be in operation for a period of time as specified in this
permit.
16. A "unit" for the purposes of this Part includes, but is not limited to,
any landfill, surface impoundment, waste pile, land treatment unit,
incinerator, injection well, tank, container storage area, septic tank,
drain field, waste water treatment unit, elementary neutralization unit,
transfer station, or recycling unit.
V-3
DEQ-CFW 00073978

C. NOTIFICATION AND ASSESSMENT REQUIREMENTS FOR NEWLY IDENTIFIED SWMUs AND AOCs
1. The Permittee shall notify the Department in writing, within fifteen
(15) calendar days of discovery, of any additional,SWMUs as discovered
under Condition V.A.4.
2. The Permittee shall notify the Department in writing, within fifteen
(15) calendar days of discovery, of any Areas of Concern (AOCs) as
discovered under Condition V.A.4. The notification shall include, at a
minimum, the location of the AOC and all available information
pertaining to the nature of the release (e.g., media affected, hazardous
constituents released, magnitude of release, etc.). If the Department
determines that further investigation of an AOC is required, the
Permittee shall be required to prepare a plan for such investigations as
outlined in Condition V.E.J. or Condition V.F.1.
3. The Permittee shall prepare and submit to the Department, within ninety
(90) calendar days of notification, a SWMU Assessment Report (SAR) for
each SWMU identified under Condition V.C.1. At a minimum, the SAR shall
provide the following information:
a. Location of unit(s) on a topographic map of appropriate scale such
as required under 40 CFR 270.14(b)(19) as adopted in 15A NCAC 13A
.0113.
b. ' Designation of type and function of unit(s).
C. General dimensions, capacities and structural description of
unit(s) (supply any available plans/drawings).
d. Dates that the unit(s) was operated.
e. Specification of all wastes that have been managed at/in the
unit(s) to the extent available. Include any available data on
hazardous constituents in the waste.
f. All available information pertaining to any release of hazardous
waste or hazardous constituents from such unit(s) (to include
ground -water data, soil analyses, air, and/or surface water data).
4. Based on the data in the SAR, the Department shall determine the need
for further investigations at the SWMUs covered in the SAR. If the
Department determines that such investigations are needed, the Permittee
shall be required to prepare a plan for such investigations as outlined
in Condition V.E.1. or V.F.1.
D. NOTIFICATION REQUIREMENTS FOR NEWLY DISCOVERED RELEASES AT PREVIOUSLY
IDENTIFIED SWMUs AND AOCs
1. The Permittee shall notify the Department in writing of any newly
discovered release(s) of hazardous waste or hazardous constituents
discovered during the course of ground -water monitoring, field
investigations, environmental audits, or other means, within fifteen
(15) calendar days of discovery. Such newly discovered releases may be
from SWMUs or ADCs identified in Condition V.A.2. or SWMUs or AOCs
identified in Condition V.A.3.
2. If the Department determines that further investigation of the SWMUs or
AOCs is needed, the Permittee shall be required to prepare a plan for
such investigations as outlined in Condition V.F.1.b.
V-4
DEQ-CFW 00073979

E. CONFIRMATORY SAMPLING (CS)
1. The Permittee shall prepare and submit to the Department, within ninety
(90) calendar days of notification by the Department, a Confirmatory
Sampling (CS) Workplan to determine the presence of any release from a
newly identified SWMU or from the SWMUs and AOCs identified in Condition
V.A.3. and Appendix A. The CS Workplan shall include schedules of
implementation and completion of specific actions necessary to determine
a release. it should also address applicable requirements and affected
media.
2. The CS Workplan must be approved by the Department, in writing, prior to
implementation. The Department shall specify the start date of the CS
Workplan schedule in the letter approving the CS Workplan. If the
Department disapproves the CS Workplan, the Department shall either (1)
notify the Permittee _in writing of the CS Workplan's deficiencies and
specify a due date for submission of a revised CS Workplan, or (2)
revise the CS Workplan and notify the Permittee of the revisions, or (3)
conditionally approve the CS workplan and notify the Permittee of the
conditions.
3. The Permittee shall implement the confirmatory sampling in accordance
with the approved CS Workplan.
4. The Permittee shall prepare and submit to the Department, in accordance
with a schedule presented in the approved CS Work Plan, a Confirmatory
Sampling (CS) Report identifying those SWMUs and AOCs listed in
Condition V.A.3. that have released hazardous waste or hazardous
constituents into the environment. The CS Report shall include all
data, including raw data, and a summary and analysis of the data that
supports the above determination.
5. Based on the results of the CS Report, the Department shall determine
the need for further investigations at the SWMUs and AOCs covered in the
CS Report. If the Department determines that such investigations are
needed, the Permittee shall be required to prepare a plan for such
investigations as outlined in Condition V.F.1.b. The Department will
notify the Permittee of any "no further action" decision.
F. RCRA FACILITY INVESTIGATION (RFI)
1. RFI Workplan(s)
a. The Permittee shall prepare and submit to the Department, within
ninety (90) calendar days of notification by the Department, a RCRA
Facility Investigation (RFI) Workplan for those units identified in
Condition V.A.1. This Workplan shall be developed to meet the
requirements of Condition V.F.1.c.
b. The Permittee shall prepare and submit to the Department, within
ninety (90) calendar days of notification by the Department, an RFI
Workplan for those units identified under Condition V.C.4.,
Condition V.D.2. or Condition V.E.5. This RFI Workplan(s) shall be
developed to meet the requirements of Condition V.F.l.c.
C. The RFI Workplan(s) shall meet the requirements of Appendix B at a
minimum. The Workplan(s) shall include schedules of implementation
and completion of specific actions necessary to determine the
nature and extent of releases and the potential pathways of
contaminant releases to the air, land, surface water, and ground
V-5
DEQ-CFW 00073980

water. The Permittee must provide sufficient justification and/or
documentation that a release is not probable if a unit or a
media/pathway associated with a unit (ground water, surface water,
soil, subsurface gas, or air) is not included in the RFI
Workplan(s). Such deletions of a unit, media or pathway from the
RFI(s) are subject to the approval of the Department. The
Permittee shall provide sufficient written justification for any
omissions or deviations from the minimum requirements of Appendix
B. Such omissions or deviations are subject to the approval of the
Department. The RFI Workplan may be phased to allow for subsequent
investigatory activity to be contingent upon the initial phase
findings. If the scope of the Workplan(s) is designed to be an
initial phase, the initial phase must summarize all potential final
phase activities needed to meet the requirements of this condition.
In addition, the scope of the RFI Workplan(s) shall include all
investigations necessary to ensure compliance with 40 CFR
264.101(c) as adopted in 15A NCAC 13A .0109.
d. The RFI Workplan(s) must be approved by the Department, in writing,
prior to implementation. The Department shall specify the start
date of the RFI Workplan schedule in the letter approving the RFI
Workplan(s). If the Department disapproves the RFI Workplan(s),
the Department shall either (1) notify the Permittee in writing of
the RFI Workplan(s deficiencies and specify a due date for
submission of a revised RFI Workplan, or (2) revise the RFI
Workplan and notify the Permittee of the revisions and the start
date of the schedule within the approved RFI Workplan, or (3)
conditionally approve the RFI workplan and notify the Permittee of
the conditions.
2. RFI Implementation
The Permittee shall implement the RFI(s) in accordance with the approved
RFI Workplan(s) and Appendix B. The Permittee shall notify the
Department twenty (20) days prior to any sampling activity.
3. RFI Reports
a. If the time required to conduct the RFI(s) is greater than one
hundred eighty (180) calendar days, the Permittee shall provide the
Department with quarterly RFI Progress Reports (90 day intervals)
beginning ninety (90) calendar days from the start date specified
by the Department in the RFI Workplan approval letter. The
Progress Reports shall contain the following information at a
minimum:
i. A description of the portion of the RFI completed;
ii. Summaries of findings;
iii. Summaries of any deviations from the approved RFI Workplan
during the reporting period;
iv. Summaries of any significant contacts with local community
public interest groups or state government;
V. Summaries of any problems or potential problems encountered
during the reporting period;
vi. Actions taken to rectify problems;
V-6
DEQ-CFW 00073981

vii. Changes to relevant personnel;
viii. Projected work for the next reporting period; and
ix. Copies of daily reports, inspection reports,
laboratory/monitoring data, etc.
b. The Permittee shall prepare and submit to the Department Draft and
Final RCRA Facility Investigation Report(s) for the investigations
conducted pursuant to the Workplan(s) submitted under Condition
V.F.1. The Draft RFI Report(s) shall be submitted to the
Department for review in accordance with the schedule in the
approved RFI Workplan(s). The Final RFI Report(s) shall be
submitted to the Department within sixty (60) calendar days of
receipt of.the Departments comments on the Draft RFI Report. The
RFI Report(s) shall include an analysis and summary of all required
investigations of SWMUs and AOCs and their results. The summary
shall describe the type and extent of contamination at the
facility, including sources and migration pathways, and a
description of actual or potential receptors. The Report(s) shall
also describe the extent of contamination (qualitative/
quantitative) in relation to background levels indicative of the
area. If the Draft RFI Report is a summary of the initial phase
investigatory work, the report shall include a workplan for the
final phase investigatory actions required based on the initial
findings. Approval of the final phase workplan shall be carried
out in accordance with Condition V.F.l.d. The objective of this
task shall be to ensure that the investigation data are sufficient
in quality (e.g., quality assurance procedures have been followed)
and quantity to describe the nature and extent of contamination,
potential threat to human health and/or the environment, and to
support a Corrective Measures Study, if necessary.
C. The Department will review the Final RFI Report(s) and notify the
Permittee of the need for further investigative action and/or the
need for a Corrective Measures Study to meet the requirements of
V.H., Appendix C and 40 CPR 264.101 as adopted in 15A NCAC 13A
.0109. The Department will notify the Permittee of any "no further
action" decision. Any further investigative action required by the
Department shall be prepared and submitted in accordance with a
schedule specified by the Department and approved in accordance
with Condition V.F.I.d.
G. INTERIM MEASURES (IN)
1. IN Workplan
a. Upon notification by the Department, the Permittee shall prepare
and submit an Interim Measures (IM) Workplan for any SWMU or AOC
which the Department determines is necessary. IN are necessary in
order to minimize or prevent the further migration of contaminants
and limit human and environmental exposure to contaminants while
long-term corrective action remedies are evaluated and, if
necessary, implemented. The IM Workplan shall be submitted within
thirty (30) calendar days of such notification and shall include
the elements listed in V.G.l.b. Such interim measures may be
conducted concurrently with investigations required under the terms
of this permit. The Permittee may initiate IM by submitting an IM
Workplan for approval and reporting in accordance with the
requirements in Condition V.G.
V-7
DEQ-CFW 00073982

b. The IM Workplan shall ensure that the interim measures are designed
to mitigate any current or potential threat(s) to human health or
the environment and to be consistent with and integrated into any
long-term solution at the facility. The IM Workplan shall include:
the interim measures objectives, procedures for implementation
(including any designs, plans, or specifications), and schedules
for implementation.
C. The IM Workplan must be approved by the Department, in writing,
prior to implementation. The Department shall specify the start
date of the IM Workplan schedule in the letter approving the IM
Workplan. If the Department disapproves the IM Workplan, the
Department shall either (1) notify the Permittee in writing of the
IM Workplan's deficiencies and specify a due date for submission of
a revised IM Workplan, or (2) revise the IM Workplan and notify the
Permittee of the revisions and the start date of the schedule
within the approved IM Workplan, or (3) conditionally approve the
IM Workplan and notify the Permittee of the conditions.
2. IM Implementation
a. The Permittee shall implement the interim measures in accordance
with the approved IM Workplan.
b. The Permittee shall give notice to the Department as soon as
possible of any planned changes, reductions, or additions to the IM
Workplan.
C. Final approval of corrective action required under 40 CPR 264.101
as adopted in 15A NCAC 13A .0109 which is achieved through interim
measures shall be in accordance with 40 CFR 270.41 as adopted in
15A NCAC 13A .0113 and Condition V.I. as a permit modification.
3. IM Reports
a. If the time required for completion of interim measures is greater
than one (1) year, the Permittee shall provide the Department with
progress reports at intervals specified in the approved workplan.'
The Progress Reports shall contain the following information at a
minimum:
i. A description of the portion of the interim measures
completed;
ii. Summaries of any deviations from the IM Workplan during the
reporting period;
iii. Summaries of any problems or potential problems encountered
during the reporting period;
iv. Projected work for the next reporting period; and
V. Copies of laboratory/monitoring data.
b. The Permittee shall prepare and submit to the Department, within
ninety (90) calendar days of completion of interim measures
conducted under Condition V.G., an IM Report. The IM Report shall
contain the following information at a minimum:
i. A description of interim measures implemented:
V-8
DEQ-CFW 00073983

ii. Summaries of results;
Summaries of any problems encountered;
iv. Summaries of accomplishments and/or effectiveness of interim
measures; and
V. Copies of all relevant laboratory/monitoring data, etc. in
accordance with Condition I.D.9.
H. CORRECTIVE MEASURES STUDY
1. Corrective Measures Study (CMS) Workplan
a. The Permittee shall prepare and submit a CMS Workplan for those
units requiring a CMS within ninety (90) calendar days of
notification by the Department that a CMS is required. This CMS
Workplan shall be developed to meet the requirements of Condition
V.H.l.b.
b. The CMS Workplan shall meet the requirements of Appendix C at a
minimum. The CMS Workplan shall include schedules of
implementation and completion of specific actions necessary to
complete a CMS. The Permittee must provide sufficient
justification and/or documentation for any unit identified in
accordance with Condition V.H.l.a. which is deleted from the CMS
Workplan. Such deletion of a unit is subject to the approval of
the Department. The CMS shall be conducted in accordance with the
approved CMS Workplan. The Permittee shall provide sufficient
written justification for any omissions or deviations from the
minimum requirements of Appendix C. Such omissions or deviations
are subject to the approval of the Department. The scope of the
CMS Workplan shall include all investigations necessary to ensure
compliance with 3005(c)(3), 40 CFR 264.101 and 40 CFR 264.552 as
adopted in 15A NCAC 13A .0109, and 270.32(b) as adopted in 15A NCAC
13A .0113. The Permittee shall implement corrective actions beyond
the facility boundary, as set forth in Condition V.A.5.
C. The Department shall either approve or disapprove, in writing, the
CMS plan. If the Department disapproves the CMS Workplan, the
Department shall either (1) notify the Permittee in writing of the
CMS Workplan's deficiencies and specify a due date for submittal of
a revised CMS Workplan, or (2) revise the CMS Workplan and notify
the Permittee of the revisions, or (3) conditionally approve the
CMS Work Workplan and notify the Permittee of the conditions. This
modified CMS Workplan becomes the approved CMS Workplan.
2. Corrective Measures Study Implementation
The Permittee shall begin to implement the Corrective Measures Study
according to the schedules specified in the CMS Workplan, no later than
sixty (60) calendar days after the Permittee has received written
approval from the Department for the CMS Workplan. The CMS shall be
conducted in accordance with the approved CMS Workplan approved in
accordance with Condition V.H.l.c.
3. CMS Report
a. The Permittee shall prepare and submit to the Department a draft
and final CMS Report for the study conducted pursuant to the
approved CMS Workplan. The draft CMS Report shall be submitted to
V- 9
DEQ-CFW 00073984

the Department in accordance with the schedule in the approved CMS
Workplan. The final CMS Report shall be submitted to the
Department within sixty (60) calendar days of receipt of the
Department's comments on the draft CMS Report. The CMS Report
shall summarize any bench -scale or pilot tests conducted. The CMS
Report must include an evaluation of each remedial alternative. If
a remedial alternative requires the use of a CAMU, the CMS report
shall include all information necessary to establish and implement
the CAMU. The CMS Report shall present all information gathered
under the approved CMS Workplan. The CMS Final Report must contain
adequate information to support the Department's decision on the
recommended remedy, described under Condition V.I.
b. If the Department determines that the CMS Final Report does not
fully satisfy the information requirements specified under Permit
Condition V.H.3.a., the Department may disapprove the CMS Final
Report. If the Department disapproves the CMS Final Report, the
Department shall notify the Permittee in writing of deficiencies in
the CMS Final Report and specify a due date for submittal of a
revised CMS Final Report. The Department will notify the Permittee
of any no further action decision.
C. As specified under Condition V.H.3.a., the Department may, based
upon preliminary results and the CMS Final Report, require the
Permittee to evaluate additional remedies or particular elements of
one or more proposed remedies.
I. REMEDY APPROVAL AND PERMIT MODIFICATION
1. A remedy shall be selected by the Department from the remedial
alternatives evaluated in the CMS. The remedy will be based at a
minimum on protection of human health and the environment, as per
specific site conditions, existing regulations, and guidance.
2. Pursuant to 40 CFR 270.41 as adopted in 15A NCAC 13A .0113, a permit
modification will be initiated by the Department upon concurrence of a
remedy selected in accordance with Condition V.I.1. This modification
will serve to incorporate a final remedy into the permit.
3. Within one hundred and twenty (120) calendar days after this Permit has
been modified, the Permittee shall demonstrate financial assurance for
completing the approved remedy.
J. MODIFICATION OF THE CORRECTIVE ACTION SCHEDULE OF COMPLIANCE
1. If at any time the Department determines that modification of the
Corrective Action Schedule of Compliance is necessary, the Department
may initiate a modification to the Schedule of Compliance, which is in
Appendix D of the Permit.
2. Modifications that are initiated and finalized by the Department will be
in accordance with the applicable provisions of 40 CFR 270 as adopted in
15A NCAC 13A .0113. The Permittee may also request a permit
modification in accordance with 40 CFR 270 as adopted in 15A NCAC 13A
.0113.
K. IMMINENT HAZARDS
1. The Permittee shall report to the Department any imminent or existing
hazard to public health or the environment from any release of hazardous
waste or hazardous constituents. Such information shall be reported
V-10
DEQ-CFW 00073985

L.
orally within 24 hours from such time the Permittee becomes aware of the
circumstances. This report shall include the information specified
under Condition I.D.14.
2. A written report shall also be provided to the Department within fifteen
(15) calendar days of the time the Permittee becomes aware of the
circumstances. The written report shall contain the information
specified under Condition I.D.14. and: a description of the release and
its cause; the period of the release; whether the release has been
stopped; and if not, the anticipated time it is expected to continue;
and steps taken or planned to reduce, eliminate, and prevent recurrence
of the release.
WORKPLAN AND REPORT REQUIREMENTS
1. All plans and schedules shall be subject to approval by the Department
prior to implementation to assure that such workplans and schedules are
consistent with the requirements of this permit and with applicable
regulations and guidance. The Permittee shall revise all submittals and
schedules as specified by the Department. Upon approval the Permittee
shall implement all plans and schedules as written.
2. The results of all plans and reports shall be submitted in accordance
with the approved schedule. Extensions of the due date for submittals
may be granted by the Department based on the Permittee's demonstration
that sufficient justification for the extension exists.
3. If the Permittee at any time determines that the BAR information
required under Condition V.C. or RFI Workplan(s) required under
Condition V.F. no longer satisfies the requirements of 40 CFR 264.101,
as adopted in 15A NCAC 13A .0109 or this Permit, for prior or continuing
releases of hazardous waste or hazardous constituents from Solid Waste
Management Units and/or Areas of Concern; the Permittee shall submit an
amended RFI Workplan(s) to the Department within ninety (90) calendar
days of such determination.
4. All reports shall be signed and certified in accordance with 40 CFR
270.11 as adopted in 15A NCAC 13A .0113.
5. One (1) paper copy and one (1) electronic copy of all reports and
plans shall be provided by the Permittee to the Department at the
following address:
Ms. Elizabeth W. Cannon, Chief
Hazardous Waste Section
Waste Management Division
1646 Mail Service Center
Raleigh, NC 27699-1646
Electronic reports shall be in MS Word or a common text format .(i.e.,
PDF). Electronic data shall be in MS Access or a comma delimited
format. Data files shall also include a meta data file describing
the fields in the data file. Plans shall be electronic to the most
reasonable extent possible.
V-11
DEQ-CFW 00073986

PART VI - WASTE MINIMIZATION
A. GENERAL REQUIREMENTS
Pursuant to 40 CFR 264.73(b)(9) as adopted in 15A NCAC 13A .0109, and Section
3005(h) of RCRA, 42 U.S.C. 6925(h), the Permittee must certify, no less often
than annually that:
1. The Permittee has a program in place to reduce the volume and toxicity
of hazardous waste to the degree determined by the Permittee to be
economically practicable; and
2. The proposed method of treatment, storage or disposal is the most
practicable method available to the Permittee which minimizes the
present and future threat to human health and the environment.
B. WASTE MINIMIZATION RECORD KEEPING
The Permittee shall maintain copies of the certification in the facility
operating record as required by 40 CFR 264.73(b)(9) as adopted in 15A NCAC
13A .0109.
C. WASTE MINIMIZATION PROGRAM OBJECTIVES
The Waste Minimization Program should include the following elements:
1. Top Management Support
a. Dated and signed policy describing management support for waste
minimization and for implementation of a waste minimization plan.
b. Description of employee awareness and training programs designed
to involve employees in waste minimization planning and
implementation to the maximum extent feasible.
c. Description of how a waste minimization plan has been incorporated
into management practices so as to ensure ongoing efforts with
respect to product design, capital planning, production
operations, and maintenance.
2. Characterization of Waste Generation
Identification of types, amounts, and hazardous constituents of waste
streams, with the source and date of generation.
3. Periodic Waste Minimization Assessments
a. Identification of all points in a process where materials can be
prevented from becoming a waste, or can be recycled.
b. Identification of potential waste reduction and recycling
techniques applicable to each waste, with a cost estimate for
capital investment and implementation.
c. Description of technically and economically practical waste
reduction/recycling options to be implemented, and a planned
schedule for implementation.
d. Specific performance goals, preferably quantitative, for the
source reduction of waste by stream. Whenever possible, goals
VI-1
DEQ-CFW 00073987

should be stated as weight of waste generated per standard unit of
production, as defined by the generator.
4. Cost Allocation System
a. Identification of waste management costs for each waste, factoring
in.liability, transportation, record keeping, personnel, pollution
control, treatment, disposal, compliance and oversight costs to
the extent feasible.
b. Description of how departments are held accountable for the wastes
they generate.
c. Comparison of waste management costs with costs of potential
reduction and recycling techniques applicable to each waste.
5. Technology Transfer
Description of efforts to seek and exchange technical information on
waste minimization from other parts of the company, other firms,
trade associations, technical assistance programs, and professional
consultants.
6. Program Evaluation
a. Description of types and amounts of hazardous waste reduced or
recycled.
b. Analysis and quantification of progress made relative to each
performance goal established and each reduction technique to be
implemented.
c. Amendments to waste minimization plan and explanation.
d. Explanation and documentation of reduction efforts completed or in
progress before development of the waste minimization plan.
e. Explanation and documentation regarding impediments to hazardous
waste reduction specific to the individual facility.
References: "Draft Guidance to Hazardous Waste Generators on the Elements
of a Waste Minimization Program", 54 FR 25056, June 12, 1989.
"Waste Minimization Opportunity Assessment Manual",
EPA/625/788/003, July 1988.
VI-2
DEQ-CFW 00073988

PART VII - LAND DISPOSAL RESTRICTIONS
A. GENERAL RESTRICTIONS
1. 40 CFR Part 268 as adopted in 15A NCAC 13A .0112 identifies hazardous
wastes that are restricted from land disposal and defines those limited
circumstances which an otherwise prohibited waste may continue to be
placed on or in a land treatment, storage or disposal unit. The
Permittee shall maintain compliance with the requirements of 40 CFR 268
as adopted in 15A NCAC 13A .0112. Where the Permittee has applied for
an extension, waiver or variance under 40 CFR 268 as adopted in 15A NCAC
13A .0112 the Permittee shall comply with all restrictions on land
disposal under this Part once the effective date for the waste has been
reached pending final approval of such application.
B. LAND DISPOSAL PROHIBITIONS AND TREATMENT STANDARDS
1. A restricted waste identified in 40 CFR Part 268 Subpart C as adopted in
15A NCAC 13A .0112 may not be placed in a land disposal unit without
further treatment unless the requirements of 40 CFR Part 268 Subparts C
and/or D as adopted in 15A NCAC 13A .0112 are met.
2. The storage of hazardous wastes restricted from land disposal under 40
CFR Part 268 as adopted in 15A NCAC 13A .0112 is prohibited unless the
requirements of 40 CFR 268 Subpart E as adopted in 15A NCAC 13A .0112
are met.
C. DEFINITIONS
1. For the purposes of 40 CFR Part 268 as adopted in 15A NCAC 13A .0112,
"Land Disposal" means placement in or on the land and includes, but is
not limited to, placement in a landfill, surface impoundment, waste
pile, injection well, land treatment facility, salt dome formation,
underground mine or cave, or concrete vault or bunker intended for
disposal purposes.
VII-1
DEQ-CFW 00073989

PART VIII - ORGANIC AIR EMISSIONS REQUIRM49NTS FOR PROCESS VENTS
AND EQIIIPMENT LEAKS
A. GENERAL INTRODUCTION
In the June 21, 1990, Federal Register, EPA published the final rule for
Phase I Organic Air Emission Standards (40 CFR Parts 264 and 265, Subparts AA
and BB) for hazardous waste treatment, storage, and disposal facilities.
Subpart AA contains emission standards for process vents associated with
distillation fractionation, thin-film evaporation, solvent extraction, and
air or steam stripping operations that process hazardous waste with an annual
average total organic concentration of at least ten (10) parts per million
(ppm) by weight. SUBPART AA DOES NOT APPLY TO AIR STRIPPING OPERATIONS USED
FOR CORRECTIVE ACTION PURPOSES. Subpart BB contains emission standards that.
address leaks from specific equipment (i.e. pumps, valves, compressors, etc.)
that contains or contacts hazardous waste that has an organic concentration
of at least ten (10) percent by weight.
B. ORGANIC AIR EMISSION STANDARDS
The Permittee shall comply with the Organic Air Emissions Requirements of 40
CFR 264, Subpart BB (for equipment leaks) as adopted in 15A NCAC 13A .0109
and 40 CFR 270.24 and 270.25 as adopted in 15A NCAC 13A .0113 as applicable.
The Permittee has no units at the present time to which the Organic Air
Emissions Requirements of 40 CFR 264, Subpart AA (for process vents) as
adopted in 15A NCAC 13A .0113 applies. If the Permittee should change, modify
or otherwise identify any unit that is or has become subject to these
regulations, the Permittee is required to comply with all 40 CFR 264 as
adopted in 15A NCAC 13A .0109, Subpart AA and Subpart BB regulations and is
required to submit all 40 CFR 270.24 and 270.25 as adopted in 15A NCAC 13A
.0113 informational requirements within thirty (30) calendar days after
implementation of the units modification.
VIII-1
DEQ-CFW 00073990

PART I8 - RCRA ORGANIC AIR EMISSION REQUIREMENTS
A. APPLICABILITY
1. Subpart CC applies to all tanks, containers, surface impoundments and/or
miscellaneous units, identified in Condition IX.A., except as provided
for in 40 CFR 264.1 and 264.1080(b) as adopted in 15A NCAC 13A .0109.
The Conditions of this Part apply to:
2. Hazardous waste management units identified below, for which required
control equipment has been installed and is operational or are exempt
from Subpart CC standards under 40 CFR 264.1082(c) as adopted in 15A
NCAC 13A .0109.
B. EMISSION CONTROL TECHNOLOGY
The Permittee shall install and maintain all regulated units and associated
emission control technology in accordance with the detailed plans, schedules,
information and reports as required by Subpart CC and contained in the
Application.
IX-1
DEQ-CFW 00073991

C. GENERAL STANDARDS
The Permittee shall comply with the applicable requirements of 40 CFR Part
264, Subpart CC as adopted in 15A NCAC 13A .0109.
D. REPORTING REQUIREMENTS
1. For each tank, surface impoundment, or container which manages hazardous
waste that is exempted from using air emission controls, a written
report shall be submitted to the Department within fifteen (15) days of
each occurrence when hazardous waste is placed in the waste management
unit in noncompliance with 40 CFR 264.1082(c)(1) or (c)(2) as adopted in
15A NCAC 13A .0109, as applicable. The written report shall contain the
EPA identification number, facility name and address, a description of
the noncompliance event and the cause, the dates of the noncompliance,
and the actions taken to correct the noncompliance and prevent
reoccurrence of the noncompliance.
2. For tanks listed in Conditions IX.A.2. or IX.A.3., which use air
emission controls in accordance with the requirements 40 CFR 264.1084(c)
as adopted in 15A NCAC 13A .0109, a written report shall be submitted to
the Department within fifteen (15) days of each occurrence when
hazardous waste is managed in the tank in noncompliance with the
Conditions specified in 40 CFR 264.1084(c)(1) through (c)(4) as adopted
in 15A NCAC 13A .0109. The written report shall contain the EPA
identification number, facility name and address, a description of the
noncompliance event and the cause, the dates of the noncompliance, and
the actions taken to correct the noncompliance and prevent reoccurrence
of the noncompliance.
3. For control devices used in accordance with the requirements of 40 CFR
264.1087 as adopted in 15A NCAC 13A .0109, a semiannual written report
shall be submitted to the Department except as provided for in Condition
IX.D.4. of this Part. The report shall describe each occurrence during
the previous 6-month period when a control device is operated
continuously for 24 hours or longer in noncompliance with the applicable
operating values defined in 40 CFR 264.1035(c)(4) as adopted in 15A NCAC
13A .0109 or when a flare is operated with visible emissions as defined
in 40 CFR 264.1033(d) as adopted in 15A NCAC 13A .0109. The written
report shall include the EPA identification number, facility name and
address, and an explanation why the control device could not be returned
to compliance within 24 hours, and actions taken to correct the
noncompliance.
4. A report to the Department in accordance with the requirements of
Condition IX.D.3, of this Part is not required for a 6-month period
during which all control devices subject to 40 CFR Part 264, Subpart CC,
as adopted in 15A NCAC 13A .0109 are operated by the owner or operator
such that during no period of 24 hours or longer did a control device
operate continuously in noncompliance with the applicable operating
values defined in 40 CFR 264.1035(c)(4) as adopted in 15A NCAC 13A .0109
of this part or a flare operate with visible emissions as defined in 40
CFR 264.1033(d) as adopted in 15A NCAC 13A .0109.
5. All reports shall be signed and dated by an authorized representative of
the Permittee as per 40 CFR 270.11(b) as adopted in 15A NCAC 13A .0113.
E. NOTIFICATION OF NEW UNITS
Prior to installing any tank, container, surface impoundment or miscellaneous
unit subject to 40 CFR Part 264, Subpart CC, the Permittee shall apply for a
IX-2
DEQ-CFW 00073992

permit modification under 40 CFR 270.42 as adopted in 15A NCAC 13A .0113, and
provide specific Part B application information required under 40 CFR 270.14-
17 and 270.27 as adopted in 15A NCAC 13A .0113, as applicable, with the
modification.request.
IX-3
DEQ-CFW 00073993

APPENDIX A
SOLID WASTE MANAGEMENT UNITS AND AREAS OF
CONCERN SUMMARY
A-1
DEQ-CFW 00073994

Table 1: List of Solid Waste Management Units and Areas of Concern regulated
by the RCRA Permit:
SWMU 1
Hazardous Waste Container Storage Area
SWMU 2A
Hazardous Waste Satellite Accumulation Area
Former Construction Paint Shop
SWMU 2B
Hazardous Waste Satellite Accumulation Area
Butacite® Manufacturing Building
SWMU 2C
Hazardous Waste Satellite Accumulation Area
Nafion' vinyl Ethers South
SWMU 2D
Hazardous Waste Satellite Accumulation Area
Nafion® MMF Reactor Room
SWMU 2E
Hazardous Waste Satellite Accumulation Area
Nafion® Maintenance Shop (never operated)
SWMU 2F
Hazardous Waste Satellite Accumulation Area
Nafion® XR Tower
SWMU 2G
Hazardous Waste Satellite Accumulation Area
Nafion® PARC
SWMU 2H
Hazardous Waste Satellite Accumulation Area
Nafion Semi -works
SWMU 2I
Hazardous Waste Satellite Accumulation Area
Nafion Blue Warehouse
SWMU 2J
Hazardous Waste Satellite Accumulation Area
Construction Receiving
SWMU 2K
Hazardous Waste Satellite Accumulation Area
APFO Laboratory
SWMU 2L
Hazardous Waste Satellite Accumulation Area
Nafion E2 Facility
SWMU 2M
Hazardous Waste Satellite Accumulation Area
Wastewater Treatment Laboratory
SWMU 2N
Hazardous Waste Satellite Accumulation Area
Construction Paint Shop
SWMU 20
Nafion® Waste Tank Farm (aerosol cans)
SWMU 2P
PPA Manufacturing Area (aerosol cans)
SWMU 2Q
PEO Shop (aerosol cans)
SWMU 2R
H&E Office Area (aerosol cans)
SWMU 2S
CS VE Lab (carboy)
SWMU 3
Waste Liquid Hydrocarbon Storage Tank
SWMU 4
Waste Liquid Fluorocarbon Treatment Tank
SWMU 5
Liquid Mixed Waste Fluorocarbon Shipping Tank
A-2
DEQ-CFW 00073995

ON
RIM
�` 2i�'E"M
SWMU 6
Process Sewer System
SWMU 7
Storm Sewer System
SWMU 8
Wastewater Treatment•Plant System
SWMUs 9A & 9B
Former WWTP Lagoons
SWMU 9C
Original WWTP Lagoon
SWMU 10
Butacite® Waste Flake Area
SWMU 11
PVA Unloading Area
SWMU 12
Power Unloading Area Oil/Water Separator
SWMU 13
Construction Debris Backfill Area
SWMU 14A
Area Septic Tank -Construction #1
SWMU 14B
Area Septic Tank -Construction #2
SWMU 14C
Area Septic Tank -Construction #3
SWMU 14D
Area Septic Tank-MMF Area
SWMU 14E
Area Septic Tank -Standard Warehouse Trailers
SWMU 14F
Area Septic Tank -Construction Foreman Trailer
SWMU 14G
Area Septic Tank-WX Building
SWMU 15A
Used Oil Accumulation Area (Stores)
SWMU 15B
Used Oil Accumulation Area (Dymetrol°)
SWMU 15C
Used Oil Accumulation Area (Construction)
SWMU 15D
Used Oil Accumulation Area (Butacite®)
SWMU 15E
Used Oil Accumulation Area (Nafion®)
SWMU 15F
Used Oil Accumulation Area (PMDF)
SWMU 16
Barrow Pit - Construction Debris Disposal Area
SWMU 17
Waste DMSO Tank
SWMU 18
VES Waste Hydrocarbon Storage Tank
SWMU 19
VES Waste Fluorocarbon Storage Tank
SWMU 20A
Waste Acid Tank
SWMU 20B
Waste Alkaline Aqueous Tank
SWMU 21A
n
South River Water Sediment Retention Basin
A-3
DEQ-CFW 00073996

SWMU 21B
North River Water Sediment Retention Basin
SWMU 22
Former Construction Sandblasting Building
SWMU 22A
Construction Sandblasting Building
SWMU 23
Former Construction Paint Shop
SWMU 23A
Construction Paint Shop
SWMU 24
Waste DMF Tank
SWMU 25
PMDF Waste Teflon Waste Container
SWMU 26
PMDF Container Accumulation Area
SWMU 27
PPA Manufacturing Area
SWMU 28
SentryGlas® Plus Manufacturing Waste Containers
SWMU 29
Waste Hydrocarbon 90-day Container
SWMU 30
PVF Propylene Carbonate Accumulation Container
AOC A
Railroad Unloading Areas
AOC B
Former Construction Gasoline/Diesel UST Area
AOC C
Former Ag Products Gasoline/Diesel UST Area
AOC D
NafionO Caustic Release Area
AOC E
Butacite® Ethylene Glycol Release Area
AOC F
Molecular Sieve Release Area
AOC G
Former Fire Training Area
AOC H
Sodium Sulfite Release Area
AOC GW
Site Wide Groundwater
A-4
DEQ-CFW 00073997

Table 2: List of Solid Waste Management Units and Areas of Concern that
require No Further Action at this time:
SWMU 1
Hazardous Waste Container Storage Area
SWMU 2A
Hazardous Waste Satellite Accumulation Area
Former Construction Paint Shop
SWMU 2B
Hazardous Waste Satellite Accumulation Area
Butacitem Manufacturing Building
SWMU 2C
Hazardous Waste Satellite Accumulation Area
Nafion® Vinyl Ethers South
SWMU 2D
Hazardous Waste Satellite Accumulation Area
Nafion® MMF Reactor Room
SWMU 2E
Hazardous Waste Satellite Accumulation Area
Nafion® Maintenance Shop (never operated)
SWMU 2F
Hazardous Waste Satellite Accumulation Area
Nafion XR Tower
SWMU 2G
Hazardous Waste Satellite Accumulation Area
Nafion® PARC
SWMU 2H
Hazardous Waste Satellite Accumulation Area
Nafion® Semi -works
SWMU 2I
Hazardous Waste Satellite Accumulation Area
Nafion Blue Warehouse
SWMU 2J
Hazardous Waste Satellite Accumulation Area
Construction Receiving
SWMU 2R
Hazardous Waste Satellite Accumulation Area
APFO Laboratory
SWMU 2L
Hazardous Waste Satellite Accumulation Area
Nafion® E2 Facility
SWMU 2M
Hazardous Waste Satellite Accumulation Area
Wastewater Treatment Laboratory
SWMU 2N
Hazardous Waste Satellite Accumulation Area
Construction Paint Shop
SWMU 20
Nafion® Waste Tank Farm (aerosol cans)
SWMU 2P
PPA Manufacturing Area (aerosol cans)
SWMU 2Q
PEO Shop (aerosol cans)
SWMU 2R
H&E Office Area (aerosol cans)
SWMU 2S
CSL VE Lab (carboy)
SWMU 3
Waste Liquid Hydrocarbon Storage Tank
SWMU 5
Liquid Mixed Waste Fluorocarbon Shipping Tank
SWMU 8
Wastewater Treatment Plant System
A-5
DEQ-CFW 00073998

1 i7OWN
-21 1�
SWMU 9C
Original WWTP Lagoon
SWMU 10
ButaciteO Waste Flake Area
SWMU 11
PVA Unloading Area
SWMU 12
Power Unloading Area Oil/Water Separator
SWMU 13
Construction Debris Backfill Area
SWMU 14A
Area Septic Tank -Construction #1
SWMU 14B
Area Septic Tank -Construction #2
SWMU 14C
Area Septic Tank -Construction #3
SWMU 14D
Area Septic Tank-MMF Area
SWMU 14E
Area Septic Tank -Standard Warehouse Trailers
SWMU 14F
Area Septic Tank -Construction Foreman Trailer
SWMU 14G
Area Septic Tank-WX Building
SWMU 15A
Used Oil Accumulation Area (Stores)
SWMU 15B
Used Oil Accumulation Area (Dymetrol®)
SWMU 15C
Used Oil Accumulation Area (Construction)
SWMU 15D
Used Oil Accumulation Area (Butacitem)
SWMU 15E
Used Oil Accumulation Area (Nafion)
SWMU 15F
Used Oil Accumulation Area (PMDF)
SWMU 17
Waste DMSO Tank
SWMU is
VES Waste Hydrocarbon Storage Tank
SWMU 19
VES Waste Fluorocarbon Storage Tank
SWMU 20A
Waste Acid Tank
SWMU 20B
Waste Alkaline Aqueous Tank
SWMU 21A
South River Water Sediment Retention Basin
SWMU 21B
North River Water Sediment Retention Basin
SWMU 22
Former Construction Sandblasting Building
SWMU 22A
Construction Sandblasting Building
SWMU 23
Former Construction Paint Shop
SWMU 23A
Construction Paint Shop
A-6
DEQ-CFW 00073999

7777
SWMU 24
Waste DMF Tank
SWMU 25
PMDF Waste Teflon® Waste Container
SWMU 26
PMDF Container Accumulation Area
SWMU 27
PPA Manufacturing Area
SWMU 28
SentryGlas® Plus Manufacturing Waste Containers
SWMU 29
Waste Hydrocarbon 90-day Container
SWMU 30
PVF Propylene Carbonate Accumulation Container
AOC A
Railroad Unloading Areas
AOC B
Former Construction Gasoline/Diesel UST Area
AOC D
NafionO Caustic Release Area
AOC F
Molecular Sieve Release Area
A-7
DEQ-CFW 00074000

Table 3: *List of Solid Waste Management Units and Areas of Concern that
require Confirmatory Sampling:
r
Desor o
SWMU 4
Waste Liquid Fluorocarbon Treatment Tank
SWMUs 9A & 9B
Former WWTP Lagoons
SWMU lb
Barrow Pit - Construction Debris Disposal Area
AOC C
Former Ag Products Gasoline/Diesel UST Area
AOC E
Butacite® Ethylene Glycol Release Area
AOC G
Former Fire Training Area
AOC H
Sodium Sulfite Release Area
* Other than recent releases at SWMU 4-Waste Liquid Hydrocarbon Treatment Tank and AOC
H-Sodium Sulfite Release Area, the requirements for Confirmatory Sampling are being
addressed as during on -going Phase III RFI activities.
Table 4: *List of Solid Waste Management Units and Areas of Concern requiring
RFI activities:
* The requirement for additional RFI activities is being addressed during Phase III of
the RFI.
Table 5: List of Solid Waste Management Units and Areas of Concern that
require a Corrective Measures Study:
A-8
DEQ-CFW 00074001

APPENDIX B
RCRA FACILITY INVESTIGATION (RFI) WORRPLAN
OUTLINE
B-1
DEQ-CFW 00074002

I. RFI WORKPLAN REQUIREMENTS
The Permittee shall prepare a RCRA Facility Investigation (RFI) Workplan
that meets the requirements of Part V of this document and the RFI
Guidance, EPA-530/SW-89-031. This Workplan shall also include the
development of the following plans, which shall be prepared
concurrently:
A. Project Management Plan
Permittee shall prepare a Project Management Plan which will
include a discussion of the technical approach, schedules and
personnel. The Project Management Plan will also include a
description of qualifications of personnel performing or directing
the RFI, including contractor personnel. This plan shall also
document the overall management approach to the RCRA Facility
Investigation.
B. Sampling and Analysis Plan(s)
The Permittee shall prepare a plan to document all monitoring
procedures: field sampling, sampling procedures and sample
analysis performed during the investigation to characterize the
environmental setting, source, and releases of hazardous
constituents, so as to ensure that all information and data are
valid and properly documented. The Sampling Strategy and
Procedures shall be in accordance with Characterization of
.Hazardous Waste Sites -A Methods Manual: Volume II., Available
Sampling Methods, EPA-600/4-84-076, or EPA Region IV SESD's "Field
Branches Quality System and Technical Procedures." Any deviations from
these references must be requested by the applicant and approved
by EPA. The Sampling and Analysis Plan must specifically discuss
the following unless the EPA-600/4-84-076 or SOP procedures are
specifically referenced.
1. Sampling Strategy
a. Selecting appropriate sampling locations, depths,•
etc.;
b. Obtaining all necessary ancillary data;
C. Determining conditions under which sampling should be
conducted;
d. Determining which media are to be sampled (e.g.,
ground water, air, soil, sediment, subsurface gas);
e. Determining which parameters are to be measured and
where;
f. Selecting the frequency of sampling and length of
sampling period;
g. Selecting the types of samples (e.g., composites vs.
grabs) and number of samples to be collected.
2. Sampling Procedures
a. Documenting field sampling operations and procedures,
including;
B-2
DEQ-CFW 00074003

i. Documentation of procedures for preparation of
reagents or supplies which become an integral
part of the sample (e.g., filters,
preservatives, and absorbing reagents);
ii. Procedures and forms for recording the exact
location and specific considerations associated
with sample acquisition;
iii. Documentation of specific sample preservation
method;
iv. Calibration of field instruments;
V. Submission of field -biased blanks, where
appropriate;
vi. Potential interferences present at the facility;
vii. Construction materials and techniques,
associated with monitoring wells and
piezometers;
viii. Field equipment listing and sampling containers;
ix. Sampling order; and
X. Decontamination procedures.
b. Selecting appropriate sample containers;
C. Sampling preservation; and
d. Chain -of -custody, including:
i. Standardized field tracking reporting forms to
establish sample custody in the field prior to
shipment; and
ii. Pre -prepared sample labels containing all
information necessary for effective sample
tracking.
3. Sample Analysis
Sample analysis shall be conducted in accordance with SW-
846: "Test Methods for Evaluating Solid Waste-
Physical/Chemical Methods" (third edition) or equivalent
analytical methods. The sample analysis section of the
Sampling and Analysis Plan shall specify the following:
a. Chain -of -custody procedures, including:
i. Identification of a responsible party to act as
sampling custodian at the laboratory facility
authorized to sign for incoming field samples,
obtain documents of shipments, and verify the
data entered onto the sample custody records;
ii. Provision for a laboratory sample custody log
consisting of serially numbered standard lab -
tracking report sheets; and
iii. Specification of laboratory sample custody
procedures for sample handling, storage, and
dispersement for analysis.
b. Sample storage;
C. Sample preparation methods;
d. Analytical Procedures, including:
i. Scope and application of the procedure;
ii. Sample matrix;
iii. Potential interferences;
iv. Precision and accuracy of the methodology; and
B-3
DEQ-CFW 00074004

V. Method detection limits.
e. Calibration procedures and frequency;
f. Data reduction, validation and reporting;
g. Internal quality control checks, laboratory
performance and systems audits and frequency,
including:
i. Method blank(s);
ii. Laboratory control sample(s);
iii. Calibration check sample(s);
iv. Replicate sample(s);
V. Matrix -spiked sample(s);
vi. Control charts;
vii. Surrogate samples;
viii. Zero and span gases; and
ix. Reagent quality control checks.
h. Preventative maintenance procedures and schedules;
i. Corrective action (for laboratory problems); and
J. Turnaround time.
C. Data Management Plan
The Permittee shall develop and initiate a Data Management Plan to
track investigation data and results. This plan shall identify
and set up data documentation materials and procedures, project
file requirements, and project -related progress reporting
procedures and documents. The plan shall also provide the format
to be used to present the raw data and conclusions of the
investigation.
1. Data Record
The data record shall include the following:
a. Unique sample or field measurement code;
b. Sampling or field measurement location and sample or
measurement type;
C. Sampling or field measurement raw data;
d. Laboratory analysis ID number;
e. Property or component measures; and
f. Result of analysis (e.g., concentration).
2. Tabular Displays
The following data shall be presented in tabular displays:
a. Unsorted (raw) data;
b. Results for each medium, or for each constituent
monitored;
C. Data reduction for statistical analysis, as
appropriate;
B-4
DEQ-CFW 00074005

d. Sorting of data by potential stratification factors
(e.g., location, soil layer, topography); and
e. Summary data.
3. Graphical Disblays
The following data shall be presented in graphical formats
(e.g., bar graphs, line graphs, area or plan maps, isopleth
plots, cross -sectional plots or transits, three dimensional
graphs, etc.):
a. Display sampling location and sampling grid;
b. Indicate boundaries of sampling area, and area where
more data are required;
C. Display geographical extent of contamination;
d. Illustrate changes in concentration in relation to
distances from the source, time, depth or other
parameters; and
e. Indicate features affecting inter -media transport and
show potential receptors.
II. RCRA FACILITY INVESTIGATION (RFI) REQUIREMENTS
RCRA Facility Investigation:
The Permittee shall conduct those investigations necessary to:
characterize the facility (Environmental Setting); define the source
(Source Characterization); define the degree and extent of release of
hazardous constituents (Contamination Characterization); and identify
actual or potential receptors.
The investigations should result in data of adequate technical content
and quality to support the development and evaluation of the corrective
action plan if necessary. The information contained in a RCRA Part B
permit application and/or RCRA Section 3019 Exposure Information Report
may be referenced as appropriate but must be summarized in both the RFI
Workplan and RFI Report.
All sampling and analyses shall be conducted in accordance with the
Sampling and Analysis Plan. All sampling locations shall be documented
in a log and identified on a detailed site map.
A. Environmental Setting
The Permittee shall collect information to supplement and/or
verify Part B information on the environmental setting at the
facility. The Permittee shall characterize the following as they
relate to identified sources, pathways and areas of releases of
hazardous constituents from Solid Waste Management Units (SWMUs).
1. Hydrogeology
The Permittee shall conduct a program to evaluate
hydrogeologic conditions at the facility. This program
shall provide the following information:
B-5
DEQ-CFW 00074006

a. A description of the regional and facility specific
geologic and hydrogeologic characteristics affecting
ground -water flow beneath the facility, including:
i. Regional and facility specific stratigraphy:
description of strata including strike and dip,
identification of stratigraphic contacts;
ii. Structural geology: description of local and
regional structural features (e.g., folding,
faulting, tilting, jointing, etc.);
iii. Depositional history;
iv. Regional and facility specific ground -water flow
patterns; and
V. Identification and characterization of areas and
amounts of recharge and discharge.
b. An analysis of any topographic features that might
influence the ground -water flow system.
C. Based on field data, tests, and cores, a
representative and accurate classification and
description of the hydrogeologic units which may be
part of the migration pathways at the facility (i.e.,
the aquifers and any intervening saturated and
unsaturated units), including:
i. Hydraulic conductivity and porosity (total and
effective);
ii. Lithology, grain size, sorting, degree of
cementation;
iii. An interpretation of hydraulic interconnections
between saturated zones; and
iv. The attenuation capacity and mechanisms of the
natural earth materials (e.g., ion exchange
capacity, organic carbon content, mineral
content, etc.).
d. Based on data obtained from ground -water monitoring
wells and piezometers installed up gradient and down
gradient of the potential contaminant source, a
representative description of water level or fluid
pressure monitoring including:
i. Water -level contour and/or potentiometric maps;
ii. Hydrologic cross -sections showing vertical
gradients;
iii. The flow system, including the vertical and
horizontal components of flow; and
iv. Any temporal changes in hydraulic gradients, for
example, due to tidal or seasonal influences.
e. A description of man-made influences that may affect
the hydrology of the site, identifying:
i. Local water -supply and production wells with an
approximate schedule of pumping; and
ii. Man-made hydraulic structures (pipelines, trench
drains, ditches, etc.)
2. Soils
The Permittee shall conduct a program to characterize the
soil and rock units above the water table in the vicinity of
contaminant release(s). Such characterization may include,
but not be limited to, the following types of information as
appropriate:
B-6
DEQ-CFW 00074007

a. Surface soil distribution;
b. Soil profile —including ASTM classification of soil;
C. Transepts of soil stratigraphy;
d. Hydraulic conductivity (saturated and unsaturated);
e. Relative permeability;
f. Bulk density;
g. Porosity;
h. Soil sorption capacity;
i. Cation exchange capacity (CEC);
j. Soil organic content;
k. Soil pH;
1. Particle size distribution;
M. Depth of water table;
n. Moisture content;
o. Effect of stratification on unsaturated flow;
P. Infiltration;
q. Evapotranspiration;
r. Storage capacity;
S. Vertical flow rate; and
t. Mineral content.
3. Surface Water and Sediment
The Permittee shall conduct a program to characterize the
surface water bodies in the vicinity of the facility. Such
characterizations may include, but not be limited to, the
following activities and information:
a. Description of the temporal and permanent surface
water bodies including:
i. For lakes and estuaries: location, elevation,
surface area, inflow, outflow, depth,
temperature stratification, and volume;
ii. For impoundments: location, elevation, surface
area, depth, volume, freeboard, and construction
and purpose;
iii. For streams, ditches, and channels: location,
elevation, flow, velocity, depth, width,
seasonal fluctuations, flooding tendencies
(i.e., 100 year event), discharge point(s), and
general contents.
iv. Drainage patterns; and
B-7
DEQ-CFW 00074008

V. Evapotranspiration.
b. Description of the chemistry of the natural surface
water and sediments. This includes determining the
pH, total dissolved solids, total -suspended solids,
biological oxygen demand, alkalinity, conductivity,
oxygen demand, total organic carbon, specific
contaminant concentrations, etc.
C. Description of sediment characteristics including:
i. Deposition area;
ii. Thickness profile; and
iii. Physical and chemical parameters (e.g., grain
size, density, organic carbon content, ion
exchange capacity, pH, etc.)
4. Air
The Permittee shall provide information characterizing the
climate in the vicinity of the facility. Such information
may include, but not be limited to:
a. A description of the following parameter:
i. Annual and monthly rainfall averages;
ii. Monthly temperature averages and extremes;
iii. Wind speed and direction;
iv. Relative humidity/dew point;
V. Atmospheric pressure;
vi. Evaporation data;
vii. Development of inversions; and
viii. Climate extremes that have been known to occur
in the vicinity of the facility, including
frequency of occurrence (i.e., Hurricanes).
b. A description of topographic and man-made features
which affect air flow and emission patterns,
including:
i. Ridges, hills or mountain area;
ii. Canyons or valleys;
iii. Surface water bodies (e.g., rivers, lakes, bays,
etc.); and
iv. Buildings.
B. Source Characterization
For those sources from which releases of hazardous constituents
have been detected the Permittee shall collect analytical data to
completely characterize the wastes and the areas where wastes have
been placed, to the degree that is possible without undue safety
risks, including: type; quantity; physical form; disposition
(containment or nature of deposits); and facility characteristics
affecting release (e.g., facility security, and engineering
barriers). This shall include quantification of the following
specific characteristics, at each source area:
1. Unit/Disposal Area Characteristics
a. Location of unit/disposal area;
b. Type of unit/disposal area;
C. Design features;
B-8
DEQ-CFW 00074009

d. Operating practices (past and present);
e. Period of operation;
f. Age of unit/disposal area;
g. General physical conditions; and
h. Method used to close the unit/disposal area.
2. Waste Characteristics:
a. Type of wastes placed in the unit;
i. Hazardous classification (e.g., flammable,
reactive, corrosive, oxidizing or reducing
agent);
ii. Quantity; and
iii. Chemical composition.
b. Physical and chemical characteristics such as;
i. Physical form (solid, liquid, gas);
ii. Physical description (e.g., powder, oily
sludge);
iii. Temperature;
iv. pH;
V. General chemical class (e.g., acid, base,
solvent),
vi. Molecular weight;
vii. Density;
viii. Boiling point;
ix. viscosity;
X. Solubility in water;
xi. Cohesiveness of the waste; and
xii. vapor pressure.
C. Migration and dispersal characteristics of the waste
such as:
i. Sorption capability;
ii. Biodegradability, bioconcentration,
biotransformation;
iii. Photodegradation rates;
iv. Hydrolysis rates; and
V. Chemical transformations.
The Permittee shall document the procedures used in making the
above determinations.
C. Characterization of Releases of Hazardous Constituents
The Permittee shall collect analytical data on ground water,
soils, surface water, sediment, and subsurface gas contamination n
the vicinity of the facility in accordance with the sampling and
analysis plan as required above. These data shall be sufficient
to define the extent, origin, direction, and rate of movement of
contamination. Data shall include time and location of sampling,
media sampled, concentrations found, conditions during sampling,
and the identity of the individuals performing the sampling and
analysis. The Permittee shall address the following types of
contamination at the facility:
B-9
DEQ-CFW 00074010

1. Ground -water Contamination
The Permittee shall conduct a ground -water investigation to
characterize any plumes of contamination detected at the
facility. This investigation shall at a minimum provide the
following information:
a. A description of the horizontal and vertical extent of
any plume(s) of hazardous constituents originating
from or within the facility;
b. The horizontal and vertical direction of contamination
movement;
C. The velocity of contaminant movement;
d. The horizontal and vertical concentration profiles of
hazardous constituents in the plume(s);
e. An evaluation of factors influencing the plume
movement; and
f. An extrapolation of future contaminant movement.
The Permittee shall document the procedures used in making
the above determinations (e.g., well design, well
construction, geophysics, modeling, etc.).
2. Soil Contamination
The Permittee shall conduct an investigation to characterize
the contamination of the soil and rock units above the
saturated zone in the vicinity of any contaminant release.
The investigation may include the following information:
a. A description of the vertical and horizontal extent of
contamination;
b. A description of appropriate contaminant and soil
chemical properties within the contaminant source area
and plume. This may include contaminant solubility,
speciation, absorption, leachability, exchange
capacity, biodegradability, hydrolysis, photolysis,
oxidation and other factors that might affect
contaminant migration and transformation;
C. Specific contaminant concentrations;
d. The velocity and direction of contaminant movement;
and
e. An extrapolation of future contaminant movement.
The Permittee shall document the procedures used in making
the above determinations.
3. Surface Water and Sediment Contamination
The Permittee shall conduct a surface water investigation to
characterize contamination in surface water bodies resulting
from releases of hazardous constituents at the facility.
The investigation may include, but not be limited to, the
following information:
B-10
DEQ-CFW 00074011

a. A description of the horizontal and vertical extent of
any plume(s) originating from the facility, and the
extent of contamination in underlying sediments;
b. The horizontal and vertical direction of contaminant
movement;
C. The contaminant velocity;
d. An evaluation of the physical, biological and chemical
factors influencing contaminant movement;
e. An extrapolation of future contaminant movement; and
f. A description of the chemistry of the contaminated
surface waters and sediments. This includes
determining the pH, total dissolved solids, specific
contaminant concentrations, etc.
The Permittee shall document the procedures used in making
the above determinations.
4. Air Contamination
The Permittee shall conduct an investigation to characterize
gaseous releases of hazardous constituents into the
atmosphere or any structures or buildings. This
investigation may provide the following information:
a. A description of the horizontal and vertical direction
and velocity of contaminant movement;
b. The rate and amount of the release; and
C. The chemical and physical composition of the
contaminant(s) released, including horizontal and
vertical concentration profiles.
The Permittee shall document the procedures used in making
the above determinations.
D. Potential Receptors
The Permittee shall collect data describing the human populations
and environmental systems that are susceptible to contaminant
exposure from the facility. Chemical analysis of biological
samples and/or data on observable effects in ecosystems may also
be obtained as appropriate. The following characteristics shall
be identified:
1. Current local uses and planned future uses of ground water:
a. Type of use (e.g., drinking water source: -municipal
or residential, agricultural, domestic/non-potable,
and industrial); and
b. Location of ground -water users, to include withdrawal
and discharge wells, within one mile of the impacted
area.
The above information should also indicate the aquifer or
hydr awo-og n unit-- used and/ter impacted f aeach itle u.
B-11
DEQ-CFW 00074012

2. Current local uses and planned future uses of surface waters
directly impacted by the facility:
a. Domestic and municipal (e.g., potable and
lawn/gardening watering);
b. Recreational (e.g., swimming, fishing);
C. Agricultural;
d. Industrial; and
e. Environmental (e.g., fish and wildlife propagation).
3. Human use of or access to the facility and adjacent lands,
including but not limited to:
a. Recreation;
b. Hunting;
C. Residential;
d. Commercial; and
e. Relationship between population locations and
prevailing wind direction.
4. A general description of the biota in surface water bodies
on, adjacent to, or affected by the facility.
S. A general description of the ecology within the area
adjacent to the facility.
6. A general demographic profile of the people who use or have
access to the facility and adjacent land, including, but not
limited to: age; sex; and sensitive subgroups.
7. A description of any known or documented endangered or
threatened species near the facility.
B-12
DEQ-CFW 00074013

APPENDIX C
CORRECTIVE MEASURES STUDY PLAN OUTLINE {CMS}
C-1
DEQ-CFW 00074014

I. Identification and Development of the Corrective Measure Alternatives
A. Description of Current Situation
B. Establishment of Corrective Action Objectives
C. Screening of Corrective Measures Technologies
D. Identification of the Corrective Measure Alternatives
Ii. Evaluation of the Corrective Measure Alternatives
A. Technical/Environmental/Human Health/Institutional
B. Cost Estimate
III. Justification and Recommendation of the Corrective Measure or Measures
A. Technical
B. Environmental
C. Human Health
IV. Reports
A. Draft
B. Final
C. Public Review and Final Selection of Corrective Measure
I. IDENTIFICATION AND DEVELOPMENT OF THE CORRECTIVE MEASURES ALTERNATIVES
Based on the results of the RCRA Facility Investigation and
consideration of the identified potential corrective measure
technologies, the Permittee shall identify, screen and develop the
alternatives for removal, containment, treatment and/or other
remediation of the contamination based on the objectives established for
the corrective action.
A. Description of Current Situation
The Permittee shall submit an update to the information describing
the current situation at the facility and the known nature and
extent of the contamination as documented by the RCRA Facility
Investigation (RFI) Report. The Permittee shall provide an update
to information presented in the RFI regarding previous response
activities and interim measures which have been or are being
implemented at the facility. The Permittee shall also make a
facility -specific statement of the purpose for the response, based
on the results of the RFI. The statement of purpose should
identify the actual or potential exposure pathways that should be
addressed by corrective measures.
B. Establishment of Corrective Action Objectives
The Permittee shall propose facility -specific objectives for the
corrective action. These objectives shall be based on public
health and environmental criteria, information gathered during the
RFI, EPA guidance, and the requirements of any applicable Federal
statutes. At a minimum, all corrective actions concerning ground-
water releases from regulated units must be consistent with, and
as stringent as, those required under 40 CPR 264.100 as adopted in
15A NCAC 13A .0109.
C-2
DEQ-CFW 00074015

C. Screening of Corrective Measure Technologies
The Permittee shall review the results of the RFI and assess the
technologies which are applicable at the facility. The Permittee
shall screen the corrective measure technologies to eliminate
those that may prove infeasible to implement, that rely on
technologies unlikely to perform satisfactorily or reliably, or
that do not achieve the corrective measure objective within a
reasonable time period. This screening process focuses on
eliminating those technologies which have severe limitations for a
given set of waste and site -specific conditions. The screening
step may also eliminate technologies based on inherent technology
limitations.
Site, waste, and technology characteristics which are used to
screen inapplicable technologies are described in more detail
below:
1. Site Characteristics
Site data should be reviewed to identify conditions that may
limit or promote the use of certain technologies.
Technologies whose use is clearly precluded by site
characteristics should be eliminated from further
consideration.
2. Waste Characteristics
Identification of waste characteristics that limit the
effectiveness or feasibility of technologies is an important
part of the screening process. Technologies clearly limited
by these waste characteristics should be eliminated from
consideration. Waste characteristics particularly affect
the feasibility of in -situ methods, direct treatment
methods, and land disposal (on/off-site).
3. Technology Limitations
During the screening process, the level of technology
development, performance record, and inherent construction,
operation, and maintenance problems should be identified for
each technology considered. Technologies that are
unreliable, perform poorly, or are not fully demonstrated
may be eliminated in the screening process. For example,
certain treatment methods have been developed to a point
where they can be implemented in the field without extensive
technology transfer or development.
D. Identification of the Corrective Measure Alternatives
The Permittee shall develop the Corrective Measure Alternatives
based on the corrective action objectives and analysis of
potential corrective measure technologies. The Permittee shall
rely on engineering practice to determine which of the previously
identified technologies appear most suitable for the site.
Technologies can be combined to form the overall corrective action
alternatives. The alternatives developed should represent a
workable number of option(s) that each appear to adequately
address all site problems and corrective action objectives. Each
alternative may consist of an individual technology or a
combination of technologies. The Permittee shall document the
reasons for excluding technologies.
C-3
DEQ-CFW 00074016

II. EVALUATION OF THE CORRECTIVE MEASURE ALTERNATIVES
The Permittee shall describe each corrective measure alternative that
passes through the initial screening and evaluate each corrective
measure alternative and its components. The evaluation shall be based
on technical, environmental, human health and institutional concerns.
The Permittee shall also develop cost estimates of each corrective
measure.
A. Technical/Environmental/Human Health/Institutional
The Permittee shall provide a description of each corrective
measure alternative which includes but is not limited to the
following: preliminary process flow sheets; preliminary sizing
and type of construction for buildings and structures; and rough
quantities of utilities required. The Permittee shall evaluate
each alternative in the four following areas:
1. Technical;
a. The Permittee shall evaluate each corrective measure
alternative based on performance, reliability,
implementability and safety.
i. Effectiveness shall be evaluated in terms of the
ability to perform intended functions, such as
containment, diversion, removal, destruction, or
treatment. The effectiveness of each corrective
measure shall be determined either through
design specifications or by performance
evaluation. Any specific waste or site
characteristics which could potentially impede
effectiveness shall be considered. The
evaluation should also consider the
effectiveness of combinations of technologies;
and
ii. Useful life is defined as the length of time the
level of desired effectiveness can be
maintained. Most corrective measure
technologies, with the exception of destruction,
deteriorate with time. Often, deterioration can
be slowed through proper system operation and
maintenance, but the technology eventually may
require replacement. Each corrective measure
shall be evaluated in terms of the projected
service lives of its component technologies.
Resource availability in the future life of the
technology, as well as appropriateness of the
technologies, must be considered in estimating
the useful life of the project.
b. The Permittee shall provide information on the
reliability of each corrective measure including their
operation and maintenance requirements and their
demonstrated reliability:
i. Operation and maintenance requirements include
the frequency and complexity of necessary
operation and maintenance. Technologies
requiring frequent or complex operation and
maintenance activities should be regarded as
less reliable than technologies requiring little
or straightforward operation and maintenance.
C-4
DEQ-CFW 00074017

The availability of labor and materials to meet
these requirements shall also be considered; and
ii. Demonstrated and expected reliability is a way
of measuring the risk and effect of failure.
The Respondent should evaluate whether the
technologies have been used effectively under
analogous conditions; whether the combination of
technologies have been used together
effectively; whether failure of any one
technology has an immediate impact on receptors;
and whether the corrective measure has the
flexibility to deal with uncontrollable changes
at the site.
C. The Permittee shall describe the implementability of
each corrective measure including the relative ease of
installation (constructability) and the time required
to achieve a given level of response:
i. Constructability is determined by conditions
both internal and external to the facility
conditions and include such items as location of
underground utilities, depth to water table,
heterogeneity of subsurface materials, and
location of the facility (i.e., remote location
vs. a congested urban area). The Permittee
shall evaluate what measures can be taken to
facilitate construction under these conditions.
External factors which affect implementation
include the need for special permits or
agreements, equipment availability, and the
location of suitable off -site treatment or
disposal facilities; and
ii. Time has two components that shall be addressed:
the time it takes to implement a corrective
measure and the time it takes to actually see
beneficial results. Beneficial results are
defined as the reduction of contaminants to some
acceptable, pre -established level.
d. The Permittee shall evaluate each corrective measure
alternative with regard to safety. This evaluation
shall include threats to the safety of nearby
communities and environments as well as those to
workers during implementation. Factors to consider
are fire, explosion, and exposure to hazardous
substances.
2. Environmental;
The Permittee shall perform an Environmental Assessment for
each alternative. The Environmental Assessment shall focus
on the facility conditions and pathways of contamination
actually addressed by each alternative. The Environmental
Assessment for each alternative will include, at a minimum,
an evaluation of: the short- and long-term beneficial and
adverse effects of the response alternative; and adverse
effects on environmentally sensitive areas; and an analysis
of measures to mitigate adverse effects.
3. Human Health;
The Permittee shall assess each alternative in terms of the
extent to which it mitigates short- and long-term potential
C-5
DEQ-CFW 00074018

exposure to any residual contamination and protects human
health both during and after implementation of the
corrective measure. The assessment will describe the
concentrations and characteristics of the contaminants on -
site, potential exposure routes, and potentially affected
population. Each alternative will be evaluated to determine
the level of exposure to contaminants and the reduction over
time for management of mitigation measures, the relative
levels of each alternative with existing criteria,
standards, or guidelines acceptable to EPA.
4. Institutional
The Permittee shall assess relevant institutional needs for
each alternative. Specifically, the effects of Federal,
state and local environmental and public health standards,
regulations, guidance, advisories, ordinances, or community
relations on the design, operation, and timing of each
alternative. If the selected remedy is capping and closure
in place, a notation must be made in the land deed.
B. Cost Estimate
The Permittee shall develop an estimate of the cost of each
corrective measure alternative (and for each phase or segment of
the alternative). The cost estimate shall include both capital
and operation and maintenance costs.
1. Capital costs consist of direct (construction) and indirect
(non -construction and overhead) costs.
a. Direct capital costs include:
i. Construction costs:
Costs of materials, labor (including fringe
benefits and worker's compensation), and
equipment required to install the corrective
measure.
ii. Equipment costs:
Costs of treatment, containment, disposal and/or
service equipment necessary to implement the
action; these materials remain until the
corrective action is complete;
iii. Land and site -development costs:
Expenses associated with purchase of land and
development of existing property; and
iv. Buildings and services costs:
Costs of process and non -process buildings,
utility connections, purchased services, and
disposal costs.
b. Indirect capital costs include:
i. Engineering expenses:
Cost of administration, design, construction
supervision, drafting, and testing of corrective
measure alternatives;
ii. . Legal fees and license or permit costs:
Administrative and technical costs necessary to
obtain licenses and permits for installation and
operation;
iii. Start-up and shakedown costs:
Costs incurred during corrective measure start-
up; and
C-6
DEQ-CFW 00074019

iv. Contingency allowances:
Funds to cover costs resulting from unforeseen
circumstances, such as inadequate facility
characterization.
2. Operation and maintenance costs are post -construction costs
necessary to ensure continued effectiveness of a corrective
measure. The Permittee shall consider the following
operation and maintenance cost components:
a. Operating labor costs:
Wages, salaries, training, overhead, and fringe
benefits associated with the labor needed for post -
construction operations;
b. Maintenance materials and labor costs:
Costs for labor, parts, and other resources required
for routine maintenance of facilities and equipment;
C. Auxiliary materials and energy:
Costs of such items as chemicals and electricity for
treatment plant operations, water and sewer service,
and fuel;
d. Purchased services:
Sampling costs, laboratory fees, and professional fees
for which the need can be predicted;
e. Disposal and treatment costs:
Costs of transporting, treating, and disposing of
waste materials, such as treatment plant residues,
generated during operations;
f. Administrative costs:
Costs associated with administration of corrective
measure operation and maintenance not included under
other categories;
g. Insurance, taxes, and licensing costs:
Costs of such items as liability and sudden accident
insurance; real estate taxes on purchased land or
right-of-way; licensing fees for certain technologies;
and permit renewal and reporting costs;
h. Maintenance reserve and contingency funds:
Annual payments into escrow funds to cover (1) costs
of anticipated replacement or rebuilding of equipment
and (2) any large unanticipated operation and
maintenancecosts; and
i. Other costs:
Items that do not fit any of the above categories.
III. JUSTIFICATION AND RECOMMENDATION OF THE CORRECTIVE MEASURE OR MEASURES
The Permittee shall justify and recommend a corrective measure -
alternative using technical, human health, and environmental criteria.
This recommendation shall include summary tables which allow the
alternative or alternatives to be understood easily. Trade-offs among
health risks, environmental effects, and other pertinent factors shall
be highlighted. The Department will select the corrective measure
alternative or alternatives `o be
itTipiemented based on the results
C-7
DEQ-CFW 00074020

obtained from work completed under Section II and III. At a minimum,
the following criteria will be used to justify the final corrective
measure or measures.
A. Technical
1. Performance - corrective measure or measures which are most
effective at performing their intended functions and
maintaining the performance over extended periods of time
will be given preference;
2. Reliability - corrective measure or measures which do not
require frequent or complex operation and maintenance
activities and that have proved effective under waste and
facility conditions similar to those anticipated will be
given preference;
3. Implementability - corrective measure or measures which can
be constructed and operated to reduce levels of
contamination to attain or exceed applicable standards in
the shortest period of time will be preferred; and
4. Safety - corrective measure or measures which pose the least
threat to the safety of nearby residents and environments as
well as workers during implementation will be preferred.
B. Human Health
The corrective measure(s) must comply with existing U.S. EPA
criteria, standards, or guidelines for the protection of human
health. Corrective measures which provide the minimum level of
exposure to contaminants and the maximum reduction in exposure
with time are preferred.
C. Environmental
The corrective measure(s) posing the least adverse impact (or
greatest improvement) over the shortest period of time on the
environment will be favored.
IV. REPORTS
The Permittee shall prepare a Corrective Measure Study Report presenting
the results obtained from Sections I through III and recommending a
corrective measure alternative. Copies of the preliminary report shall
be provided by the Permittee to the Department for review and approval.
A. Draft
The Report shall at a minimum include:
1. A description of the facility;
a. Site topographic map and preliminary layouts.
2. A summary of the corrective measure(s) and rationale for
selection;
a. Description of the corrective measure(s) and rationale
for selection;
C-8
DEQ-CFW 00074021

B.
C.
b. Performance expectations;
C. Preliminary design criteria and rationale;
d. General operation and maintenance requirements; and
e. Long-term monitoring requirements.
3. A summary of the RCRA Facility Investigation and.impact on
the selected corrective measure or measures;
a. Field studies (ground water, surface water, soil,
air); and
b. Laboratory studies (bench scale, pick scale).
4. Design and Implementation Precautions;
a. Special technical problems;
b. Additional engineering data required;
C. Permits and regulatory requirements;
d. Access, easements, right-of-way;
e. Health and safety requirements; and
f. Community relations activities.
S. Cost Estimates and Schedules;
a. Capital cost estimate;
b. Operation and maintenance cost estimate; and
C. Project schedule design, construction, and operation).
Copies of the draft shall be provided by the Permittee to the
Department.
Final
The Permittee shall finalize the Corrective Measure Study Report
incorporating comments received from the Department on the Draft
Corrective Measure Study Report. The report shall become final
upon approval by the Department.
Public Review and Final Selection of Corrective Measures
Upon receipt of the Final Corrective Measure Study Report, EPA
shall announce its availability to the public for review and
comment. At the end of the comment period, the Department shall
review the comments and then inform the Permittee of the final
decision as to the approved Corrective Measures to be implemented.
C-9
DEQ-CFW 00074022

APPENDIX D
SCHEDULE OF COMPLIANCE
D-1
DEQ-CFW 00074023

Schedule of Compliance
Due Date
Duty to Reapply for a Permit
Submit a complete application 180 days
I.D.2
prior to permit expiration date
Additional Permit Renewal Requirements
At least 120 days prior to submitting a
II.W.1
renewal permit application
Verify emergency Response resources
Every 2 years after the permit is
II.W.2
issued.
Prepare and submit a biennial report
Prepare and submit a biennial report on
I.G
or before March 1 of each even numbered
year unless directed otherwise.
Submit a Cost Estimate for Corrective
Prepare a cost estimate for the
Action
completion of all corrective action.
II.0
Submit the cost estimate within 180
days of the Permit effective date.
Solid Waste Management Units and Corrective Action
Notification of Newly Identified SWMUs
Within fifteen (15) calendar days of
and AOCs.
discovery.
Condition V.C.1 and Condition V.C.2.
SWMU Assessment Report.
Within ninety (90) calendar days of
Condition V.C.3.
notification by the Department.
Notification for Newly Discovered
Within fifteen (15) calendar days of
Releases at Previously Identified SWMUs
discovery
and AOCs.
Condition V.D.1.
Confirmatory Sampling Workplan for
Within ninety (90) calendar days of
SWMUs identified in Appendix A.
notification by the Department.
Condition V.E.1.
Confirmatory Sampling Report.
In accordance with the approved CS
Condition V.E.4.
Workplan.
RFI Workplan for SWMU(s) and AOC(s)
Within ninety (90) calendar days of
Identified in Appendix A.
notification by the Department.
Condition V.F.1.a.
RFI Workplan for SWMU(s) and AOC(s)
Within ninety (90) calendar days after
Identified under Condition V.C.4.,
receipt of notification by the
Condition V.D.2., or Condition V.E.5.
Department which SWMUs or AOCs require
Condition V.F.l.b.
an RFI.
RFI Progress Reports.
Quarterly, beginning ninety (90)
Condition V.F.3.a.
calendar days from the start date
specified by the Department *
Draft RFI Report.
In accordance with the approved RFI
Condition V.F.3.b.
Workplan.
D-2
DEQ-CFW 00074024

Schedule of Compliance
Due Date
Final RFI Report
Within sixty (60) calendar days after
Condition V.F.3.b.
receipt of the Department's comments on
the Draft RFI Report.
Interim Measures Plan
Within thirty (30) calendar days of
Condition V.G.l.a.
notification by the Department.
Interim Measures Progress Reports
In accordance with the approved Interim
Condition V.G.3.a.
Measures Workplan. **
Interim Measure Report
Within ninety (90) calendar days of
Condition V.G.3.b.
completion of interim measures
CMS Workplan
Within ninety (90) calendar days of
Condition V.H.l.a.
notification by the Department that a
CMS is needed.
Implementation of CMS Workplan
Within sixty (60) calendar days after
Condition V.H.2.
receipt of Department approval of plan.
Draft CMS Report
In accordance with the schedule in the
Condition V.H.3.a.
approved CMS Workplan.
Final CMS Report
Within sixty (60) calendar days of
Condition V.H.3.a.
Department's comments on draft CMS
Report.
Demonstration of Financial Assurance
Within one hundred and twenty (120)
Condition V.I.3.
calendar days after permit modification
for remedy.
Imminent Hazard Report
Oral within 24 hours;
Condition V.K.l. and V.K.2.
Written within fifteen (15) calendar
days of the time the Permittee becomes
aware of the circumstances.
Waste Minimization
Waste Minimization Certification
Annually from effective date of permit.
Condition VI.
Organic Air Emissions (AA, BB, CC)
Organic Air Emissions Report
Within thirty (30) calendar days after
Condition VIII.
the effective date of the permit or
modified permit as required.
Written report of noncompliance of
Within fifteen (15) calendar days of
surface impoundments or
becoming aware of noncompliance.
ners with 40 CFR 264.1082(c)(1)
(2)
L
ion IX.D.1.
D-3
DEQ-CFW 00074025

Schedule of Compliance
Due Date
Written report of noncompliance of
Within fifteen
(15) calendar days of
tanks with 40 CFR 264.1084(c)(1) or
becoming aware
of noncompliance.
(c) (2)
Condition IX.D.2.
Semi-annual Report for Use of Control
Semi-annually,
beginning six (6) months
Devices 40 CFR 264.1090(c)
from the effective date of the permit.
Condition IX.D.3.
***
The above reports must be signed and certified in accordance with 40 CFR
270.11 as adopted by 15A NCAC 13A .0113.
* This applies to Workplan execution that requires more than one hundred and
eighty (180) calendar days.
** This applies to Workplan execution that requires more than one year.
*** Semi-annual report is not required if provisions of Condition IX.D.4. are
met.
D-4
DEQ-CFW 00074026

APPENDIX E
Facility Drawing
DEQ-CFW 00074027

i
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_ � T
DEQ-CFW 00074028

DEQ-CFW 00074029