NCD003162542_Badin Business Park_Permit_20180927

1
Mcdaniel, Robert
From:Mcdaniel, Robert
Sent:Thursday, September 27, 2018 2:35 PM
To:'Gross, Robyn L.'; 'Mibroda, Jason'
Cc:'[e-mail]'; '[e-mail]'; '[e-mail]'; '[e-mail]';
'[e-mail]'; '[e-mail]'; '[e-mail]';
Woosley, Julie; Mccarty, Bud ([e-mail]); Pruitt, Rose; Rodriguez, Teresa;
'[e-mail]'; 'Chandra Taylor ([e-mail])'
Subject:Extension of Public Comment Period for Issuance of the Hazardous Waste Management Draft Permit
for Badin Business Park LLC (NCD 003 162 542)
Attachments:Badin Business Park Draft Permit.pdf; Badin Business Park - Public Notice.pdf; Badin Business Park -
Fact Sheet.pdf
Dear Ms. Robyn Gross: 

The North Carolina Hazardous Waste Section has decided to extend the public comment period for the issuance of the 
Hazardous Waste Management Draft Permit for the Badin Business Park LLC (formerly Alcoa‐Badin Works) facility 
located on Highway 740 in Badin, North Carolina.  The public comment period for the draft permit has been extended 
forty–five days to November 11, 2018.   

Attached is an electronic copy of the Public Notice, Fact Sheet, and Hazardous Waste Management Draft Permit for 
Badin Business Park LLC.  The draft Hazardous and Solid Waste Amendments Permit has been prepared for Badin 
Business Park LLC to investigate and implement corrective action activities of hazardous waste contamination associated 
with solid waste management units and areas of concern at the facility.   

The Public Hearing will be held on Thursday, November 8, 2018 at 6:00 p.m. in the Meeting Room in the Stanly County 
Public Library located at 133 East Main Street in Albemarle, North Carolina. 

Please send any comments on the draft permit by November 11, 2018. 

Sincerely, 
Rob McDaniel 

 Robert McDaniel
Hydrogeologist, Division of Waste Management
North Carolina Department of Environmental Quality
919.707.8215 (Office)
[e-mail]

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
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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
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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.
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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

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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
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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.

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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.
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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.

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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.

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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.
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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,
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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).

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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).

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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.

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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
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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
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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.
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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

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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
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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.

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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
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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
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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.

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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.

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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.

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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.

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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.
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APPENDIX A

SOLID WASTE MANAGEMENT UNITS AND AREAS OF CONCERN SUMMARY

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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
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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)
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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
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Badin Business Park LLC Permit

APPENDIX B

RCRA FACILITY INVESTIGATION (RFI) WORKPLAN OUTLINE
DRAFT Permit
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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.

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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;
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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;
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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.
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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.).

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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;

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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.)

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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;

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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
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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.

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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:

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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.

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7. A description of any known or documented endangered or threatened species near the
facility.
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APPENDIX C

CORRECTIVE MEASURES STUDY PLAN OUTLINE (CMS)
DRAFT Permit
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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:

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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:

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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
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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.

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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:
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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;

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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;
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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.

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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.

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Badin Business Park LLC Permit

APPENDIX D

FIGURES

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Badin Business Park LLC Permit

APPENDIX E

SCHEDULE OF COMPLIANCE
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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.
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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.
PUBLIC NOTICE
EXTENSION OF PUBLIC COMMENT PERIOD AND PUBLIC HEARING FOR
DRAFT HAZARDOUS WASTE PERMIT FOR
BADIN BUSINESS PARK LLC
This is to notify the public of the extension of the public comment period for the issuance by the North
Carolina Division of Waste Management’s Hazardous Waste Section of a draft renewal permit for the
Badin Business Park LLC (formerly Alcoa-Badin Works) facility located on Highway 740 in Badin,
North Carolina.
A Public Hearing will be held November 8, 2018 at 6:00 p.m. in the 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 regarding the draft permit.
The public comment period for the draft permit has been extended forty-five days to November 11,
2018. In conjunction with the Notice of Public Hearing for the draft permit, written comments can also
be sent during the public comment period through November 11, 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 [phone] or
[e-mail] 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. The public comment period which began on August 13,
2018 has been extended to November 11, 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
November 11, 2018. All comments received within the public comment 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
November 8, 2018 at 6:00 p.m., in the 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.