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HomeMy WebLinkAboutNCD003162542_Badin Business Park_Permit_20180813 August 13, 2018 CERTIFIED MAIL RETURN RECEIPT REQUESTED Robyn L. Gross, Director Asset Management Americas Badin Business Park LLC c/o Alcoa Corporation 201 Isabella Street Suite 500 Pittsburgh, Pennsylvania 15212-5858 Re: Hazardous Waste Management Permit Issuance of Draft Permit Badin Business Park LLC NCD 003 162 542 Dear Ms. Gross: Enclosed is the Hazardous Waste Management Draft Permit for Badin Business Park LLC. Also enclosed are the Public Notice for the Draft Permit and the Fact Sheets describing operations at Badin Business Park LLC. As stated in the Public Notice, the public comment period for the Draft Permit will begin on August 13, 2018 and will end September 27, 2018. The public hearing will be held September 18, 2018 at 6:00 p.m. in Meeting Room in the Stanly County Public Library at 133 East Main Street in Albemarle, North Carolina. The Permit may be issued and become effective on September 27, 2018 if no comments are received. Any comments that are received during the comment period will be considered and, if appropriate, incorporated into the Permit Conditions. Therefore, the Permit decision would be delayed until the response to comments could be completed. Please submit in writing any comments you may have on the Draft Permit by the end of the comment period. If you have any questions, please contact Rob McDaniel at (919) 707-8215 or Robert.McDaniel@ncdenr.gov. PUBLIC NOTICE PUBLIC HEARING FOR DRAFT HAZARDOUS WASTE PERMIT FOR BADIN BUSINESS PARK LLC This is to notify the public of the issuance by the North Carolina Division of Waste Management’s Hazardous Waste Section of a draft permit for the Badin Business Park LLC facility located on Highway 740 in Badin, North Carolina. A Public Hearing will be held September 18, 2018 at 6:00 p.m. in Meeting Room in the Stanly County Public Library at 133 East Main Street in Albemarle, North Carolina. All attendees will have the opportunity to present five (5) minute oral statements regarding the draft permit and/or to submit written comments and data. In conjunction with the Notice of Public Hearing for the draft permit, written comments can also be sent during the public comment period of August 13, 2018 – September 27, 2018 to the following address: Julie S. Woosley N.C. Division of Waste Management Hazardous Waste Section 1646 Mail Service Center Raleigh, NC 27699-1646 All data submitted by the applicant is part of the administrative record and available for your review at: https://deq.nc.gov/about/divisions/waste-management/waste-management-rules-data/e-documents. Electronic files can be searched by entering “NCD003162542” into the Program ID field. The public notice related to this decision may be found at http://deq.nc.gov/news/events/public-notices-hearings. A summary of the permit follows: A draft Hazardous and Solid Waste Amendments Permit has been prepared to investigate and implement corrective action activities of hazardous waste contamination found in the environmental media associated with solid waste management units and areas of concern at the Badin Business Park LLC facility in Badin. Badin Business Park LLC is the former Alcoa-Badin Works facility, a primary aluminum smelting plant. The plant began operations in 1916 and closed in 2010. The former plant site has been redeveloped into a business park. All comments received during the public comment period or at the hearing will be considered in the decision regarding this renewal permit. Comments received after the public comment period ends will not be considered. The statutory authority for calling the permit hearing is G.S. 130A-294(f). Applicable State rules are found in the North Carolina Hazardous Waste Management Rules 15A NCAC 13A .0105, .0109, and .0113. These rules adopt the requirements of the Federal Resource Conservation and Recovery Act as amended by the Hazardous and Solid Waste Amendments of 1984. Anyone desiring additional information may contact Rob McDaniel at (919) 707-8215 or Robert.McDaniel@ncdenr.gov or at the address listed above. FACT SHEET Badin Business Park LLC Highway 740 Badin, North Carolina 28009 NCD 003 162 542 A Draft Hazardous Waste Management Permit has been prepared for Badin Business Park LLC to conduct remedial activities at the facility under the Federal Resource Conservation and Recovery Act (RCRA). North Carolina has been authorized by the United States Environmental Protection Agency to administer RCRA including the Hazardous and Solid Waste Amendments (HSWA) of 1984. The State has determined that Badin Business Park LLC’s proposed activities as identified in the application satisfies the full intent of the North Carolina Hazardous Waste Management Rules and Solid Waste Management Act as amended. When finalized this draft permit issued by the State of North Carolina will constitute a complete permit under the Federal Resource Conservation and Recovery Act. A Hazardous Waste Management Permit was issued to Badin Business Park LLC on March 30, 1992 and renewed on March 23, 2006 for the storage of hazardous waste. The Hazardous Waste Section accepted the closure certification for the permitted storage units on July 9, 2012. Badin Business Park LLC was required to pursue a Hazardous and Solid Waste Amendments Permit to remediate hazardous waste contamination found in the environmental media associated with solid waste management units and areas of concern at the facility. Badin Business Park LLC submitted a Permit Renewal Application of the Hazardous and Solid Waste Amendments Permit on February 19, 2016. The permit application was determined complete on June 27, 2018. The North Carolina Hazardous Waste Management Rules require that the public be given a forty-five (45) day period to comment on the draft permit. This forty-five (45) day period will commence on August 13, 2018. The draft permit is available for review during office hours (9:00 a.m. to 4:00 p.m.) Monday through Friday. All data submitted by the applicant is available as part of the administrative record https://deq.nc.gov/about/divisions/waste-management/waste-management-rules-data/e- documents. Electronic files can be searched by entering “NCD003162542” into the Program ID field. Persons wishing to comment on either this permit or the proposed permit conditions or to object to the permit issuance should submit such comments in writing prior to September 27, 2018. All comments received within the forty-five (45) day period will be considered before the final permit decision is made. Comments should be sent to: Julie S. Woosley Hazardous Waste Section Chief NC Division of Waste Management 1646 Mail Service Center Raleigh, NC 27699-1646 A public hearing to receive comments concerning the issuance of the proposed permit will be held on September 18, 2018 at 6:00 p.m., in Meeting Room in the Stanly County Public Library at 133 East Main Street in Albemarle, North Carolina. Attendees may submit a written statement for the official record in addition to their oral statement or they may submit written comments in lieu of making an oral presentation. When a final permit decision is made to either issue, deny, or modify the permit, notice will be given to the applicant and to each person who has submitted written comments or requested notice of the final decision. DRAFT Permit Badin Business Park LLC Permit I.D. NUMBER NCD 003 162 542 DATE ISSUED _____________ PERMIT NO. NCD 003 162 542 R3 STATE OF NORTH CAROLINA DIVISION OF WASTE MANAGEMENT HAZARDOUS WASTE MANAGEMENT PERMIT Permittee: Badin Business Park LLC Owner: Badin Business Park LLC Post Office Box 576 201 Isabella Street Badin, North Carolina 28009 Pittsburgh, Pennsylvania 15212 Pursuant to the 15A NCAC 13A North Carolina Hazardous Waste Management Rules, a post-closure permit with corrective action is issued to the Badin Business Park LLC hazardous waste facility located in the Pee-Dee River Basin, Badin, Stanly County on Highway 740 at latitude 35o 24’ 32” north and longitude 80o 07’ 05” west. The Permittee must comply with all terms and conditions of the permit. This permit consists of the conditions discussed in Parts I, II, III, and IV, 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 270.41, 270.42, and 270.43 as adopted in 15A NCAC 13A .0113]. The Permittee shall inform the North Carolina Department of Environmental Quality 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 permit is effective as of _________________, and shall remain in effect for ten (10) years until __________________, [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. __________________________________ __________________________ Julie S. Woosley, Chief Date Hazardous Waste Section DRAFT Permit ii Badin Business Park LLC Permit TABLE OF CONTENTS PART OF PERMIT TOPIC PART I Standard Conditions PART II Corrective Action for Solid Waste Management Units (SWMUs) and Areas of Concern (AOCs) PART III Waste Minimization PART IV Land Disposal Restrictions APPENDICES TO THE PERMIT Appendix A Solid Waste Management Units and Areas of Concern Summary Appendix B RCRA Facility Investigation (RFI) Workplan Outline Appendix C Corrective Measure Study (CMS) Plan Outline Appendix D Figures Appendix E Schedule of Compliance Attachments Badin Business Park LLC Hazardous Waste Part B Application Section Topic PART A Part A Application PART B Facility Description PART E Groundwater Monitoring PART F Procedures to Prevent Hazards PART I Financial Assurance PART J Other Federal Laws PART K Certification PART L Information Required for Solid Waste Management Units Regulations 15A NCAC 13A April 24, 2018 Certification DRAFT Permit I-1 Badin Business Park LLC Permit PART I - STANDARD CONDITIONS A. EFFECT OF 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. B. 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. C. 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. D. 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. 2. 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. 3. Obligation for Corrective Action. 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. DRAFT Permit I-2 Badin Business Park LLC Permit 4. 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 Environmental Quality or his designee (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. 5. 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. 6. 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. 7. Proper Operation and Maintenance. The Permittee shall, at all times, properly operate and maintain all facilities and systems of treatment, control, monitoring and remediation (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. 8. 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. 9. 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 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 DRAFT Permit I-3 Badin Business Park LLC Permit 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. 10. 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 an appropriate method or an equivalent method approved by the Department. Laboratory methods must be those specified in the most recent edition of Test Methods for Evaluating Solid Waste: Physical/Chemical Methods, SW- 846, or an equivalent method approved by the Department. b. The Permittee shall retain records of all monitoring information required under the terms of this permit (including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation), records of all data used to prepare documents required by this permit, copies of all reports and records required by this permit, the certification required by 40 CFR 264.73(b)(9) as adopted in 15A NCAC 13A .0109, 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, or until corrective action is completed, whichever date is later. As a generator of hazardous waste, the Permittee shall retain on-site a copy of all notices, certifications, demonstrations, waste analysis data, and other documents produced pursuant to 40 CFR 268 as adopted in 15A NCAC 13A .0112 for at least five years from the date that the waste which is the subject of such documentation was last sent to on-site or off-site treatment, storage, or disposal, or until corrective action is completed, whichever date is later. 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. 11. 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 (AOCs), or the areas contaminated by them, including voluntary corrective measures to the SWMUs or DRAFT Permit I-4 Badin Business Park LLC Permit AOCs listed in Appendix A at the permitted facility as defined in 40 CFR 270.2 as adopted in 15A NCAC 13A .0113. 12. 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. 13. 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, 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, HSWA and this permit. 14. Compliance Schedules. Written notification of compliance or noncompliance with any item identified in the compliance schedule of this permit shall be submitted according to the schedule date. If the Permittee does not notify the Department within fourteen (14) calendar days of its compliance or noncompliance with the schedule, the Permittee shall be subject to enforcement action. Submittal of a required item according to the schedule constitutes notification of compliance. 15. 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 Permittee 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: 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. DRAFT Permit I-5 Badin Business Park LLC Permit 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. 16. 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.15. 17. 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. BIENNIAL REPORT If required because of the Permittee’s waste generation status 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 and instructions provided by the NC Hazardous Waste Section. The report must cover facility activities during the previous calendar year. G. 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. H. 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. DRAFT Permit I-6 Badin Business Park LLC Permit I. 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.J. 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. J. 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.J.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. DRAFT Permit I-7 Badin Business Park LLC Permit 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. K. One (1) paper copy and two (2) electronic copies of all reports and plans shall be provided by the Permittee to the Department at the following address: Ms. Julie S. Woosley, Chief Hazardous Waste Section Waste Management Division 1646 Mail Service Center Raleigh, NC 27699-1646 Electronic data shall be in 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. L. 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. When a discrepancy exists between the RCRA Facility Assessment (RFA) report (attached as part of the permit) and this permit as to the future requirements to be taken at the facility, the permit requirements take precedence over the requirements proposed in the report. DRAFT Permit II-1 Badin Business Park LLC Permit PART II - CORRECTIVE ACTION FOR SOLID WASTE MANAGEMENT UNITS (SWMUs) 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 (AOCs) identified in Appendix A of the permit, which require a RCRA Facility Investigation (RFI). 2. The SWMUs and AOCs identified in Appendix A which require no further action at this time. 3. The SWMUs and AOCs identified in Appendix A which require confirmatory sampling. 4. Any additional SWMUs or AOCs discovered during the course of ground-water monitoring, field investigations, environmental audits, or other means. 5. The solid waste management units (SWMUs) and areas of concern (AOCs) identified in Appendix A of the permit, which are in corrective action. 6. 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. DRAFT Permit II-2 Badin Business Park LLC Permit 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. 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. 3. 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, DRAFT Permit II-3 Badin Business Park LLC Permit 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 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). DRAFT Permit II-4 Badin Business Park LLC Permit 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. 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 II.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 II.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 II.E.1. or Condition II.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 II.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). DRAFT Permit II-5 Badin Business Park LLC Permit 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 II.E.1. or II.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 groundwater monitoring, field investigations, environmental audits, or other means, within fifteen (15) calendar days of discovery. Such newly discovered releases may be from SWMUs or AOCs identified in Condition II.A.2. or SWMUs or AOCs identified in Condition II.A.4.for which further investigation under Condition II.C.4. was not required. 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 II.F.1.b. E. CONFIRMATORY SAMPLING (CS) 1. The Permittee shall prepare and submit to the Department, within forty-five (45) calendar days of the effective date of the permit or notification by the Department for a newly identified SWMU, a Confirmatory Sampling (CS) Workplan to determine any release from SWMUs and AOCs identified in Condition II.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. DRAFT Permit II-6 Badin Business Park LLC Permit 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 the approved schedule, a Confirmatory Sampling (CS) Report, within sixty (60) calendar days after approval of the CS Workplan, identifying those SWMUs and AOCs listed in Condition II.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 II.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 the approval of the Confirmatory Sampling Report, a RCRA Facility Investigation (RFI) Workplan for those units identified in Condition II.A.1. This Workplan shall be developed to meet the requirements of Condition II.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 II.C.4., Condition II.D.2. or Condition II.E.5. This RFI Workplan(s) shall be developed to meet the requirements of Condition II.F.1.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 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 DRAFT Permit II-7 Badin Business Park LLC Permit 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; vii. Changes to relevant personnel; viii. Projected work for the next reporting period; and DRAFT Permit II-8 Badin Business Park LLC Permit 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 II.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 thirty (30) calendar days of receipt of the Department's 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 II.F.1.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 II.H., Appendix C, and 40 CFR 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 II.F.1.d. G. INTERIM MEASURES (IM) 1. IM 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. IM 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 II.G.1.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 II.G. DRAFT Permit II-9 Badin Business Park LLC Permit 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 CFR 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 II.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 DRAFT Permit II-10 Badin Business Park LLC Permit 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 II.G., an IM Report. The IM Report shall contain the following information at a minimum: i.A description of interim measures implemented: ii.Summaries of results; iii.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.10. 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 II.H.1.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 II.H.1.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 II.A.6. 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 DRAFT Permit II-11 Badin Business Park LLC Permit 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 fifteen (15) 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 II.H.1.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 the Department in accordance with the schedule in the approved CMS Workplan. The final CMS Report shall be submitted to the Department within thirty (30) 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 II.I. b. If the Department determines that the CMS Final Report does not fully satisfy the information requirements specified under Permit Condition II.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 II.H.3.a., based on preliminary results and the CMS Final Report, the Department may 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 Permittee in consultation with the Section 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. DRAFT Permit II-12 Badin Business Park LLC Permit 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 II.I.1. This modification will serve to incorporate a final remedy, if necessary, 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. 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.B 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, unless a cost estimate and remedial strategy are already approved. 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. 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. K. Financial Assurance for Corrective Action. 1. The Permittee shall demonstrate continuous compliance with 40 CFR 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 DRAFT Permit II-13 Badin Business Park LLC Permit amount of the cost estimate required under Condition II.J. 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 CFR 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.J 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." L. 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, Appendix E. 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. M. 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 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.15. 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.15. 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. N. 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 DRAFT Permit II-14 Badin Business Park LLC Permit 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 SAR information required under Condition II.C., or RFI Workplan(s) required under Condition II.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. DRAFT Permit III-1 Badin Business Park LLC Permit PART III - WASTE MINIMIZATION A. GENERAL REQUIREMENTS In the event that the Permittee treats, stores, or actively disposes of hazardous wastes on-site where such wastes were generated, then the Permittee must comply with 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. DRAFT Permit III-2 Badin Business Park LLC Permit 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 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. DRAFT Permit III-3 Badin Business Park LLC Permit 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. DRAFT Permit IV-1 Badin Business Park LLC Permit PART IV - 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. DRAFT Permit A-1 Badin Business Park LLC Permit APPENDIX A SOLID WASTE MANAGEMENT UNITS AND AREAS OF CONCERN SUMMARY DRAFT Permit A-2 Badin Business Park LLC Permit List of Storage Units That Have Been Clean Closed and Are NFA: SWMU/AOC Number Description 5 Former K088 Waste Storage Structure 058 6 K088 Storage Buildings 206 North and 206 South List of Solid Waste Management Units and Areas of Concern That Require No Further Action at This Time: SWMU/AOC Number Description Document Date NFA Determined 7 Aerated Lagoon Sampling Report 11/21/2007 8 Neutralization Tank RFA 3/1/1990 9 Spent Caustic Building RFA 3/1/1990 10 Air Compressor Oil/Water Separator Modification Approval Letter 4/22/1993 12 Above – Ground Waste Oil Tank Modification Approval Letter 4/22/1993 13 Former Underground Waste Oil Storage Tank Modification Approval Letter 4/22/1993 14 Anode Assembly Iron Melting Furnace Baghouse RFA 3/1/1990 15 Rod Blast Baghouse RFA 3/1/1990 16 Butt Blast Baghouse RFA 3/1/1990 17 Machine Shop Baghouse [1] RFA 3/1/1990 18 Machine Shop Baghouse [2] RFA 3/1/1990 19 Sludge Dewatering Bed RFA 3/1/1990 20 Vehicle Wash Station CS Report 6/28/1993 21 Sandblast Area RFA 3/1/1990 23 Former Waste Paint Storage Area RFA 3/1/1990 24 Caustic Degreaser RFA 3/1/1990 26 Former Underground Conveyance Line to NPDES Outfall 001 RFA 3/1/1990 27 Underground Conveyance Line to NPDES Outfall 003 RFA 3/1/1990 28 Underground Conveyance Line to NPDES Outfall 002 RFA 3/1/1990 29 Underground Conveyance Line to NPDES Outfall 004 RFA 3/1/1990 30 Underground Conveyance Line to NPDES Outfall 005 RFA 3/1/1990 31 Stormwater Oil/Water Separator [1] RFA 3/1/1990 32 Stormwater Oil/Water Separator [2] RFA 3/1/1990 DRAFT Permit A-3 Badin Business Park LLC Permit SWMU/AOC Number Description Document Date NFA Determined 34 Miscellaneous Storage Area Modification Approval Letter 4/22/1993 36 Pot Pad Burning Area (1) CS Report 6/28/1993 37 Pot Pad Burning Area (2) Modification Approval Letter 4/22/1993 38 Old Rotary Station RFI Report 3/2001 39 PCB Storage Building CS Report 6/28/1993 40 A Former Anode Bake Furnace Modification Approval Letter 4/22/1993 41 R – 173 Lime Fill/Alcoa-Pine Road Ravine Disposal site Remain Under IHSB Authority 2/16/2018 42 Building 016 RFI Report 3/2001 43 Overhead Crane Rebuild Structure RFI Report 3/2001 45 Bogan’s Radiator Shop IM Report 8/2004 47 Former Potshell Cutting Area Soils Excavated 1996 AOC-A Fuel Oil Tank Release RFI Report 3/2001 AOC-B Compressor Oil Leakage Area RFI Report 3/2001 CS Report: Confirmatory Sampling Report, June 28, 1993. IM Report: Interim Measures Report Bogan’s Radiator Shop Site (SWMU #45), August 2004 Modification Approval Letter: April 22, 1993 letter from Jerome Rhodes (HWS) to Conrad Carter (ALCOA) approving the modification request of January 18, 1993 with the amendment dated April 13, 1993. Remain Under IHSB Authority: February 16, 2018 letter from Robert McDaniel (HWS) to Robyn Gross notifying Badin Business Park that the Alcoa-Pine Road Ravine Disposal site should remain under the authority of Inactive Hazardous Waste Sites Branch. RFA: RCRA Facility Assessment Report, March 1, 1990. RFI Report: RCRA Facility Investigation Report, March 2001. Sampling Report: Former Aeration Lagoon Sampling Report: November 21, 2007. List of Solid Waste Management Units and Areas of Concern Requiring a CMS: SWMU/AOC Number Description 2 Alcoa – Badin Landfill 3 Old Brick Landfill 44 Pine Tree Grove Area 46 Coke Management Area (formerly West SPL Area) DRAFT Permit A-4 Badin Business Park LLC Permit List of Solid Waste Management Units Require No Further Action at This Time but Require Groundwater Remediation: SWMU/AOC Number Description 1 On – Site Landfill 4 Former K088 Storage Pad 11 Waste Oil Accumulation Area/Miscellaneous Storage Area/Pot Pad Burning Area/Old Bake Furnace Site 22 Scrap Yard 25 Underground Conveyance Line to NPDES Outfall 009 33 Wet Weather Run-on Diversion 35 “Old” Waste Oil Storage Area List of Solid Waste Management Units Requiring Groundwater Remediation: SWMU/AOC Number Description 1 On – Site Landfill 2 Alcoa/Badin Landfill 3 Old Brick Landfill 4 Former K088 Storage Pad 11 Waste Oil Accumulation Area/Miscellaneous Storage Area/Pot Pad Burning Area/Old Bake Furnace Site 22 Scrap Yard 25 Underground Conveyance Line to NPDES Outfall 009 33 Wet Weather Run-on Diversion 35 “Old” Waste Oil Storage Area 44 Pine Tree Grove Area 46 Coke Management Area (formerly West SPL Area) DRAFT Permit B-1 Badin Business Park LLC Permit APPENDIX B RCRA FACILITY INVESTIGATION (RFI) WORKPLAN OUTLINE DRAFT Permit B-2 Badin Business Park LLC Permit I. RFI WORKPLAN REQUIREMENTS The Permittee shall prepare a RCRA Facility Investigation (RFI) Workplan that meets the requirements of Part II 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 Engineering Compliance Branch's Standard Operating Procedure and Quality Assurance Manual (SOP). 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. DRAFT Permit B-3 Badin Business Park LLC Permit 2. Sampling Procedures a. Documenting field sampling operations and procedures, including; 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). 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; DRAFT Permit B-4 Badin Business Park LLC Permit 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 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; DRAFT Permit B-5 Badin Business Park LLC Permit 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; d. Sorting of data by potential stratification factors (e.g., location, soil layer, topography); and e. Summary data. 3. Graphical Displays 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. DRAFT Permit B-6 Badin Business Park LLC Permit 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. 1. Hydrogeology The Permittee shall conduct a program to evaluate hydrogeologic conditions at the facility. This program shall provide the following information: 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.). DRAFT Permit B-7 Badin Business Park LLC Permit 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: 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; l. Particle size distribution; DRAFT Permit B-8 Badin Business Park LLC Permit 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 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.) DRAFT Permit B-9 Badin Business Park LLC Permit 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; d. Operating practices (past and present); e. Period of operation; f. Age of unit/disposal area; DRAFT Permit B-10 Badin Business Park LLC Permit 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: DRAFT Permit B-11 Badin Business Park LLC Permit 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. DRAFT Permit B-12 Badin Business Park LLC Permit 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: 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: DRAFT Permit B-13 Badin Business Park LLC Permit 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 hydrogeologic unit used and/or impacted for each item. 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. 5. 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. DRAFT Permit B-14 Badin Business Park LLC Permit 7. A description of any known or documented endangered or threatened species near the facility. DRAFT Permit C-1 Badin Business Park LLC Permit APPENDIX C CORRECTIVE MEASURES STUDY PLAN OUTLINE (CMS) DRAFT Permit C-2 Badin Business Park LLC Permit 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 CFR 264.100 as adopted in 15A NCAC 13A .0109. 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: DRAFT Permit C-3 Badin Business Park LLC Permit 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. 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: DRAFT Permit C-4 Badin Business Park LLC Permit 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. 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 DRAFT Permit C-5 Badin Business Park LLC Permit 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 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. DRAFT Permit C-6 Badin Business Park LLC Permit 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 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: DRAFT Permit C-7 Badin Business Park LLC Permit 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 maintenance costs; 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 to be implemented based on the results 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; DRAFT Permit C-8 Badin Business Park LLC Permit 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; b. Performance expectations; c. Preliminary design criteria and rationale; DRAFT Permit C-9 Badin Business Park LLC Permit 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. 5. 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. B. 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. DRAFT Permit C-10 Badin Business Park LLC Permit C. 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. DRAFT Permit D-1 Badin Business Park LLC Permit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³)RUPHU.:DVWH6WRUDJH6WUXFWXUH´,QWKH)HEUXDU\&HUWLILFDWLRQRI&ORVXUHUHSRUWWKH³.6WRUDJH%XLOGLQJ±6RXWK´LVUHIHUUHGWRDV6:08%RWKXQLWVDUHFORVHGSHUPLWWHGXQLWV2Q)HEUXDU\WKH1&'(+15DSSURYHGWKHGHOHWLRQRI 6:08VDQG6:08ZDVFRPELQHGZLWK6:08DQG6:08VDQGZHUHFRPELQHGZLWK6:08,QWKH0DUFK5)$6:08LVOLVWHGDV³8QGHUJURXQG&RQYH\DQFH/LQHWR13'(62XWIDOO´,QWKH0DUFK+D]DUGRXV:DVWH0DQDJHPHQW3HUPLW6:08LVOLVWHGDVWKH³8QGHUJURXQG&RQYH\DQFH/LQHWR13'(62XWIDOO´:KHUHGLVFUHSDQFLHVH[LVWWKHOLVWLQJLQWKH3HUPLWZDVJLYHQSUHFHGHQFH,QWKH0DUFK5)$6:08LVOLVWHGDV³8QGHUJURXQG&RQYH\DQFH/LQHWR13'(62XWIDOO´,QWKH0DUFK+D]DUGRXV:DVWH0DQDJHPHQW3HUPLW6:08LVOLVWHGDVWKH³8QGHUJURXQG&RQYH\DQFH/LQHWR13'(62XWIDOO´:KHUHGLVFUHSDQFLHVH[LVWWKHOLVWLQJLQWKH3HUPLWZDVJLYHQSUHFHGHQFH 6:08$2&1XPEHU6:08$2&1DPH )RUPHU:DVWH2LO6WRUDJH$UHD 3RW3DG%XUQLQJ$UHD   3RW3DG%XUQLQJ$UHD   2OG5RWDU\6WDWLRQ 3&%6WRUDJH%XLOGLQJ )RUPHU$QRGH%DNH)XUQDFH 5/LPH)LOO %XLOGLQJ 2YHUKHDG&UDQH5HEXLOG6WUXFWXUH 3LQH7UHH*URYH$UHD %RJDQ¶V5DGLDWRU6KRS &RNH0DQDJHPHQW$UHD IRUPHUO\:HVW63/$UHD  )RUPHU3RW6KHOO&XWWLQJ$UHD$2&$ )XHO2LO7DQN5HOHDVH$2&% &RPSUHVVRU2LO/HDNDJH$UHD DRAFT Permit E-1 Badin Business Park LLC Permit APPENDIX E SCHEDULE OF COMPLIANCE DRAFT Permit E-2 Badin Business Park LLC Permit Schedule of Compliance Due Date General Duty to Reapply for a Permit Condition I.D.2. Submit a complete application 180 days prior to permit expiration date Prepare and submit a biennial report if required Condition I.F. Prepare and submit a biennial report on or before March 1 of each even numbered year unless directed otherwise. Submit a Cost Estimate for Corrective Action Condition II.J. Prepare a cost estimate for the completion of all corrective action. Submit the cost estimate within 180 days of the Permit effective date. Solid Waste Management Units and Corrective Action Notification of Newly Identified SWMUs and AOCs. Condition II.C.1 and Condition II.C.2. Within fifteen (15) calendar days of discovery. SWMU Assessment Report. Condition II.C.3. Within ninety (90) calendar days of notification. Notification for Newly Discovered Releases at Previously Identified SWMUs and AOCs. Condition II.D.1. Within fifteen (15) calendar days of discovery Confirmatory Sampling Workplan for SWMUs identified in Appendix A. Condition II.E.1. Within forty-five (45) calendar days after effective date of permit. Confirmatory Sampling Report. Condition II.E.4. Within sixty (60) calendar days after approval of the CS Workplan. RFI Workplan for SWMU(s) and AOC(s) Identified in Appendix A. Condition II.F.1.a. Within ninety (90) calendar days after the approval of the Confirmatory Sampling Report. RFI Workplan for SWMU(s) and AOC(s) Identified under Condition II.C.4., Condition II.D.2., or Condition II.E.5. Condition II.F.1.b. Within ninety (90) calendar days after receipt of notification by the Department which SWMUs or AOCs require and RFI. RFI Progress Reports. Condition II.F.3.a. Quarterly, beginning ninety (90) calendar days from the start date specified by the Department * Draft RFI Report. In accordance with the approved RFI Workplan. DRAFT Permit E-3 Badin Business Park LLC Permit Schedule of Compliance Due Date Condition II.F.3.b. Final RFI Report Condition II.F.3.b. Within thirty (30) calendar days after receipt of the Department's comments on the Draft RFI Report. Interim Measures Plan Condition II.G.1.a. Within thirty (30) calendar days of notification by the Department. Interim Measures Progress Reports Condition II.G.3.a. In accordance with the approved Interim Measures Workplan. ** Interim Measure Report Condition II.G.3.b. Within ninety (90) calendar days of completion of interim measures CMS Workplan Condition II.H.1.a. Within ninety (90) calendar days of notification by the Department that a CMS is needed. Implementation of CMS Workplan Condition II.H.2. Within fifteen (15) calendar days after receipt of Department approval of plan. Draft CMS Report Condition II.H.3.a. In accordance with the schedule in the approved CMS Workplan. Final CMS Report Condition II.H.3.a. Within thirty (30) calendar days of Department's comments on draft CMS Report. Demonstration of Financial Assurance Condition II.I.3. Within one hundred and twenty (120) calendar days after permit modification for remedy. Imminent Hazard Report Condition II.M.1. and II.M.2. Oral within 24 hours; Written within fifteen (15) calendar days of the time the Permittee becomes aware of the circumstances. Waste Minimization Waste Minimization Certification Condition III. Annually from effective date of permit. 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.