Loading...
HomeMy WebLinkAboutNCD003162542_Alcoa_Permitting_19920330• • State of North Carolina Department of Environment, Health, and Natural Resources Division of Solid Waste Management P.O. Box 27687 ·Raleigh, North Carolina 27611-7687 James G. Martin, Govemor William W. Cobey, Jr., Secretary CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Conrad carter ,~Hiimn,<eonipi!l:riy" '·of' · kln~r±'<::a Post Office Box 576 Badin, North Carolina 28009 March 30, 1992 Re: Hazardous Waste Management Permit Issuance of Final Permit ·:.:Ns::ml!5rt~:.·;,;t_:t:~,.:Jll.:r; v, ·H9E!,9Q3;;t.6;2:~42 , Dear Mr. Carter: William L Meyer Director The Notice of Final Permit Decision and the Resource, conservation and Recovery Act (RCRA) permit for the Aluminum Company of America are enclosed. This permit identifies specific wastes and associated management practices that may be handled in accordance with the North carolina Hazardous Waste Management Rules. The enclosed permit, in conjunction with the permit to be issued by the United States Environmental Protection Agency, will constitute the RCRA permit for the Aluminum Company of America. The EPA permit will be transmitted under a separate cover. If there are any questions concerning the permit or the appeal procedure, please contact Beth Hartzell of my staff at (919) 733-2178. si/erely, ;!"""""-----//~ ;IJf-~4.. - Jerome H. Rhodes, Chief Hazardous waste Section JHRfEAHfmbf68 Enclosures cc: G, Alan Farmer, US EPA, Region IV John c. Lank, Jr., us EPA, Region IV George T. Everett, OEM William F. Hamner Daniel L. Bius Elizabeth A. Hartzell Harold A. McCarty Dwight Smith, Acting County Manager Joseph B. Bass, Jr. Director of Health Services D. Keith Masters An £qual Opportunity AJ!Irmattlie Action ~ • • State of North Carolina Department of Environment, Health, and Natural Resources Division of Solid Waste Management P.O. Box 27687 ·Raleigh, North Carolina 27611-7687 James G. Martin, Governor William W. Cobey, Jr., Secretary NOTICE OF FINAL RCRA PERMIT DECISION FACILITY NAME: EPA ID Number: Location: Facility Operator: Facility Owner: Aluminum Company of America NCD003162542 Highway 740 Badin, North carolina Aluminum Company of America Aluminum company of America William L. Meyer Director After due consideration of the facts applicable to the above named facility as they appear in the Administrative Record and the requirements and policies expressed in the Resource Conservation and Recovery Act (RCRA) and applicable state regulations {15A NCAC 13A), the Department has determined that the permit should be issued with the changes to the Draft Permit noted in the attached response to comments. This response to comments addresses those comments relevant to this permit. In accordance with 40 CFR 124.15 as adopted in 15A NCAC 13A .0005, the permit will become effective on May 4, 1992 unless a review is requested under 40 CFR 124.19 as adopted in 15A NCAC 13A .0005. A review may be requested by filing a written petition to the Office of Administrative Hearings, Post Office Drawer 27447, Raleigh, North Carolina 27611-7447, and by serving a copy of the petition to John Hunter, Processing Agent, Department of Environment, Health and Natural Resources, 512 North Salisbury street, Raleigh, North Carolina 27611, The Administrative Record, with respect to this determination, is maintained at the Department's offices, 401 Oberlin Road, Suite 150, Raleigh, North Carolina 27605, and is available for public inspection between the hours of 9:00 a.m. and 4:00p.m. Monday through Friday. For further information on this permit action or file room appointments, contact File Room at (919) 733-2178. Date JHR/EAH/mb/69 ;. RESPONSE TO COMMENTS • THE ALUMINUM COMPANY OF AMERICA NCD 003162542 PUBLIC COMMENT PERIOD DECEMBER 16, 1991 THROUGH JANUARY 30, 1992 Written and oral comments were received by the Department during the public comment period. Each comment is summarized below and is followed by the Department's response. Any changes from the draft permit as a result of these comments are noted in the response to that comment. Any other significant changes from the draft permit are listed at the end of this document. ORAL COMM!NTS The following are comments received at the joint public hearing held on January 28, 1992. The comments are summarized below with the Department's response. JQANN ALMOND (SCOTCH) COMMENT 11: If waste is treated on site, what will be done with the wastewater? RESPONSE 11: ALCOA did not request a permit for treatment of hazardous waste and this permit does not include treatment. There are limited conditions under which any generator may treat hazardous waste to meet land-ban criteria, but this has not been proposed by ALCOA. If ground water remediation is necessary, the permittee may be required to pump and treat as part of the corrective action program. Any discharge of wastewater will require a permit from the Division of Environmental Management. COMMENT 12: contamination? Does the permit protect the waterway from RESPONSE 12: The permit protects the waterways from contamination from future spills and from existing contamination. The contingency plan and the waste handling procedures in the permit protect the waterways from contamination by addressing safe waste handling and procedures to follow in the event of an accident. The corrective action portion of the permit covers the cleanup of potential contamination by identifying areas that need remediation and requiring ALCOA to develop a corrective action plan. COMMENT #3: How does this permit affect the cleanup of groundwater contamination? RESPONSE #3: The corrective action portion of the permit requires ALCOA to develop a corrective action program to remediate contaminated areas, including groundwater contamination. ALCOA will be required to develop a plan for remediation and submit it to EPA prior to starting the remediation. •• • COMMENT 14: Explain the duty to comply except for the duration of an emergency permit. ;R.ESPQNSE 14: A temporary emergency permit may be issued in the event that the Director finds an imminent and substantial endangerment to human health and the environment. An emergency permit is very specific in what it applies to and what it can be used for. It shall not exceed 90 days, clearly specify the waste it applies to and how it can be handled and requires a pubic notice describing the wastes involved and the action that was authorized and why. CQMMENT 15: What is a reasonable time for inspections and does the company always know in advance when one will be conducted? ;R.ESPQNSE 15: Reasonable times operating hours of the facility. all inspections. for inspections are during the Advance warning is not given for COMMENT 16: Explain the requirement to report noncompliance within twenty four hours. RESPONSE 16: The permittee must report to the Department orally any noncompliance that may endanger health or the environment. This includes any spills or releases, fires or other type of accident. This is a reporting requirement and is not intended to describe the actions that are needed during an emergency. Emergency activities and plans are described in the permittee's contingency plan which is a required part of the application. The contingency plan specifies that ALCOA will notify the Stanly County Emergency Management Agency, the North Carolina Highway Patrol, the North Carolina Department of Environment, Health and Natural Resources and the National Response Center immediately if an emergency event could threaten health or the environment outside of the facility. A permittee must notify the Department of any release or discharge of hazardous waste. If evacuation of local areas is advisable, local authorities must be advised. Also, either the government official designated as the coordinator for that geographic area or the National Response Center must be notified immediately. COMMENT #7: Explain the confidential information clause. RESPONSE 17: Any information submitted to EPA or the State may be claimed as confidential. The information will then be treated as described in 15A NCAC 13A . 0004 (Public Information) . This includes a procedure for determining whether information may be released to the public if requested and a list of criteria used to determine if the information should be released. DENISE LEE. BLUE RIDGE ENVIRONMENTAL DEFENSE LEAGUE COMMENT #1: Twenty four hour reporting is not fast enough. Explain how this works. • • RESPONSE 11: The response to this comment is included in the response to comment #6 above. COMMENT 12: Why isn't there communication between departments on contamination and clean-up? RESPONSE 12: There is extensive communication between divisions in the Department of Environment, Health and Natural Resources on contamination and clean-up. All hazardous waste management (RCRA) permit applications are reviewed by the Division of Environmental Management and comments provided to the Division of Solid waste Management before a draft permit is written. Other divisions may be requested to comment if it is appropriate for that particular application and there is overlapping authority. When it is possible to do so, the Department may designate one division as the lead agency to direct investigation or remediation at a site. COMMENT 13: Can the people in the surrounding area and the Anson County Health Director be notified in case of a spill affecting the groundwater? RESPONSE #3: See the response to comment #6 above for a list of who will be notified. COMMENT #4: Will there be more investigation into possible contamination of Badin Lake? RESPONSE #4: The permit will require ALCOA to investigate any groundwater contamination and propose remediation for specified areas on the facility site. This will include investigation of possible migration of contamination to the lake, and corrective action will be implemented under a plan that is approved by the state and EPA. WRITTEN COMMENTS The following comments were submitted by the Aluminum Company of America on January 30, 1992. Each comment is listed below and is followed by the Department's response, Any changes to the Permit resulting from these comments are noted in the response to that comment. COMMENT 11: Page 1, Paragraph 1 Add the words "North" and •west" to the latitude and longitude of the facility location. RESPONSE #1: The paragraph has been modified as requested. COMMENT 12: Page 1, Paragraph 2 Add Part X as one of the parts of the permit. RESPONSE 12: Part X has been deleted from the penni t. The requirements that were delineated in Part X are included in section II.V.3. CQMMENT 13: Page I~ Section 9.a. Change the,xt to read "The method used to obtain a representative sample o the waste to be analyzed will be the method stated in section C-2c of the Application.• RESPONSE 13: Since this condition is referenced in the corrective action portion of the permit and is not limited to potliners, the condition will remain in the permit stating that the method used to obtain a representative sample of the waste to be analyzed must be the appropriate method from Appendix I 40 CFR Part 261 ~ as stated in Section C of the application. CQMMENT 14: Page I-5, Section F.1. Delete the reference to 40 CFR 264.13. It does not apply to sampling a waste pile. BESPQNSE 14: 40 CFR 264.13 applies to all facilities, including those with waste piles. No change has been made to the final permit in response to this comment. CQMMENT 15: Page II-1 Provide clarification of what condition A.1 refers to. BESPONSE 15: The reference to condition A.1 has been deleted. COMMENT 16: Page II -1, Section D Change sentence to read as follows: "the K08 8 wastestream shall be fully analyzed per Appendix C of the Permit Application." RESPONSE 16: The paragraph has been modified to reflect that the analysis is as stated in the permit application. COMMENT 17: Change the requirement for immediate inspection of the waste pile after storms to within one working day. Immediate inspection is not realistic. RESPONSE #7: Per 40 CFR 264.254(b) as adopted in 15A NCAC 13A .0009 the waste pile must be inspected after storms. Since the presence of run on would indicate malfunction of the storage unit, it is important that such a discovery be made without undue delay. The text has been modified to read "inspect the waste pile on a weekly basis and within 24 hours after a storm ... ". COMMENT #8: Page A-1, SWMU No. 35 Insert the word "Oil" so that the corrected text will read "Old Waste Oil Storage Area". This is what SWMU No. 35 has been referred to in previous correspondence. RESPONSE IB: The text has been modified as requested. COMMENT #9; Change the due date for a closure plan for Building 058 from within 30 calendar days after the effective date of the permit to within 90 days. RESPONSE #9; The Department does not view this requirement as unreasonable. No change has been made to the final permit in • • response to this comment. COMMENTS 110-137; These comments refer to that portion of the permit written under the authority of the Hazardous and Solid Waste Amendments of 1984. The State of North Carolina does not yet have authorization for this portion of the permit. our responses to these comments are the same as EPA's responses. The EPA's responses are attached. • • The following is EPA's response to comments on ALCOA's draft HSWA permit. The only comments received were from ALCOA. The comments are addressed in order with the appropriate permit section noted. ALCOA's comments are attached for reference and labelled as ATTACHMENT 1. Location Cover page Section I. D. 9 .a Section I. D. 9 .b Appendix A-1 Appendix D, Appendix D, II.B.l, II.B.2, II.D.l, II.D.4, II.E.l.a, II,E.l.b II.E.3.b, II.F.l,a II.F.3.b, II.G.l.a II.G.2, II.G.3.a Response to Comment The Permittee's address will be corrected. The sampling method described in Section C- 2c the permit application is equivalent to the 40 CFR Part 261 method as approved by the North Carolina Department of Environment, Health, and Natural Resources. The condition addresses record keeping requirements in general for generators and treatment, storage, and/or disposal facilities. The mention of the incinerator requirements is a generic consideration that may be useful, if not now, in the future. Change SWMU 35 to read ' "Old" Waste Oil Storage Area' to correct typo. Experience has shown that the time frames for submittal in the Schedule of Compliance are reasonable. Note that due dates for work plans are the most rigid. Also, phased approaches may be used. Consideration for complex groundwater investigations will be given when appropriate. Experience has shown that the time frames for submittals in the Schedule of Compliance are reasonable. Note that the due dates for work plan submittal are the most rigid. Also, phased investigations may be used if applicable. Consideration for complex groundwater investigations will be given when appropriate. The most significant initial due date is for the RFI workplan. This due date is ninety (90) calendar days from notification by the Regional Administrator which should allow some extra time for contract administration. • • pl!lge 2 ALCOA Response to Comments Ipcation Appendix A-1 SWMU tl Appendix A-1 SWMU f2 Appendix A-1 SWMU f3 Appendix A-1 SWMU f22 Appendix A-1 SWMU #25 Appendix A-1 SWMU 133 Appendix A-1 AOC-A Appendix A-4 SWMU #4 Appendix A-4 SWMU #7 Response to Comment Condition II.E.l.c. notes that the RFI Workplan l!lllows for the submittal of information l!lbout previous investigations of SWMUs as justification for omitting parts of or an investigation. No response is necessary. No response is necessary. Based on the by ALCOA in listed in confirmatory investigative approach proposed the comment, this SWMU will be Appendix A-4 which requires sampling. The documentation mentioned in the comment should be included with the RFI work Plan. Once it is documented that SWMU #25 is not a source of contamination, no further action will be necessary and investigation and corrective action can take place under SWMU fl. See the response for Appendix A-1, SWMU #25. Based on the investigative approach proposed by ALCOA in the comment, the AOC will be listed in Appendix A-4 which requires confirmatory sampling. See the response for Appendix A-1, SWMU #25. The information should be included with the confirmatory sampling plan. Condition 11.0.1 of the permit requires a schedule of implementation in the confirmatory sampling plan. With adequate justification given in the work plan, this particular SWMU investigation can be delayed. • • page 3 ALCOA Response to Comments Location Appendix A-4 SWMU tll, SWMU #34, SWMU #37, SWMU #40 Response to Cgmment Based on the information submitted in the comment showing that SWMU #11, SWMU #34, SWMU #37, and SWMU #40 are in close proximity and to some extent managed the same type of waste, the units will be combined under SWMU #11. J.ocation Cover page • • Changes to the Draft HSWA Permit ALCOA, Badin, North Carolina Change/Rationale Owners address corrected to read as follows: Aluminum Company of America 1501 Alcoa Building Pittsburgh, Pennsylvania 15219 Section I.0.14.a. "RA" changed to "Regional Administrator" because of typo. Section II.I.l Section II.K.5 Section V Append!:~~: A-1 Apendi:~~: A-4 Appendix D "RA" changed to "Regional Administrator" because of typo. The address has been updated to reflect organizational changes. G. Alan Farmer Chief, RCRA Branch Waste Management Division Environmental Protection Agency Region IV 4-RCRA-RPS-2 345 Courtland Street Atlanta, Georgia 30365 Attention: Scott Gardner "The Permittee shall comply with the Organic Air Emissions Requirements of 40 CFR, Subpart AA (for process vents), Subpart BB (for equipment leaks), and 270.24 and 270.25 within thirty (30) calendar days after the effective date of this permit." Because of typos this will be changed to read as follows: "The Permittee shall comply with the Air Emissions Requirements of 40 CFR 264, Subpart AA (for process vents) and/or Subpart BB (for equipment leaks) as applicable.• Change SWMU 35 to read ' "Old" Waste Oil Storage Area• to correct typo. SWMUs Ill 1 134, under SWMU 111. be deleted. 137, and 140 will be combined SWMUs 134, 137, and 140 will The Organic Air Emission due date will be deleted to correspond with the correction to Section v. tJ I.D. NlJoiBm NCD003162~ Pl!aiiiT NO. NCD003162542 -------------------------. DATE aum March 30, 1992 c HAZARDOUS WASTE MANAGEMi!~T PERMIT Pemi.ttee: Aluminum Catpany of America -Badin Works Highway 740 Badin, North carolina OWner: Aluminumi"X't!pmy of America 1501 AU:riA Buildirg Pittsb.lrgh, Pennsylvania Pursuant to the 15A NCAC 13A North carolina Hazardoos waste Management Rules, an cperatin;J pennit is issued to the Aluminum Catpany of America -Badin Works, hazardous waste mana9e:rrent facility located in Badin, stanly ooonty on Highway 740, at latitu:ie Js• 24 • 40" north an:i lorqi'blde so• o7' os" lo'eSt. 'lhe Pennittee nust conply with all terms an:i con:litions of the permit. 'lhis permit consists of the con:litions discussed in Parts I, II, V, VII, VIII, an:i IX , the awlicahle regulations contained in 15A NCAC 13A i.noludin:J the applicable provisions of 40 CFR Parts 260 through 264, 266, 268, 270 an:i 124, statutory ~ of N.C.G.S. 130A-Article 9 (SOlid Waste Management Act as amended) and the attached Application. Applicable regulations are those whidl are in effect on the date of issuance of this permit [40 CFR 270,32(c) as adopted in 15A NCAC 13A .0013] an:i are attached. 'Ibis permit is based on the assumption that the infonnation sul:rnitted in the permit application an:i as modified by subsequent amerrlrrents (hereafter referred to as the application) is accurate an:i that the facility will be cperated as specified in the application. Any inaccuracies found in this information could lead to the termination or l!O:iification of this permit and potential enforce.ment action [40 CFR 270.41, 270.42, an:i 270.43 as adopted in 15A NCAC 13A .0013]. 'lhe Pemi.ttee shall infonn the North carolina Deparbnent of Erwironment, Health, an:i Natural Reso\.lrces of any deviation fran or dlan:.Jes in the infonnation in the application whidl would affect the Pemi.ttee•s ability to canply with the applicable regulations or permit corrlitions. 'Ibis permit is effective as of May 4, 1992, an:i shall remain in effect until May 4, 2002, [40 CFR 270.50 as adopted in 15A NCAC 13A .0013] unless revoked an:i reissued, terminated or continued in a=rdance with 40 CFR 270.51 as adopted in 15A NCAC 13A .0013, Wi~~?% SOlid Waste Management Division Rev. 3/23/92 ALCOAJW). mr'/1-66 Date , PARI' OF PElM[T PARr I PARI' II PARI' III PARr rv PARI' v PARI' VI PARI' VII PARI' VIII PARr IX At;pen:lix A ~B Awerdix c A):t:lentix 0 Appendix E ~F Application PARr A PARr B PARr C PARr 0 PARr F PARr G PARr H PARr I PARr J pequJ.ations 15A NCAC 13A • • stan:lard Ccrrliticns General Facility Ccrrliticns (Reserved) (Reserved) st=age in waste Piles (Reserved) Corrective Action for Solid waste Managenent units (Si'MJs) waste Minilllization Ian::i Disposal Restricticns Sunmary of Solid waste Ma.nagelllel1t units ani Areas of CorDern R::RA Facility Investigation (RFI) Workplan cutline Corrective Measure study (CMS) Plan cutline Schedule of catplialre M::dification of the COt'Tective Action SChedule of Ccllplian:Je waste Minilllization Certification Objectives Attachments Certifications Part A ~lication Facility oas=iption Waste Olaracteristics Process Information Procedures to Prevent Hazards contir:qency Plan Personnel Training Closure Plans, Post-closure Plans, ani Financial Rsqu:irements other Federal Laws February 26, 1992 certification 2 • PARr I -SrANDARD a::mmoos • A. EFl':ECr OF PER-liT '1he Permittee is allCMed to store hazardous waste in a waste pile in accordance with the c:x:n:litions of this permit. Any st=age, treatlnent, or disposal of hazardous waste not authorized in this permit is prchlbited. catpliance with this pennit constitutes canpliance, for PJll' es of enforcement, with the N.C. Hazardous waste ManagE!Irel'lt Rules (15A NCAC 13A) am NCGS 130A-Article 9 (Solid Waste ManagE!Irel'lt Act as amerded) • Issuance of this permit does not o::JrfiJf!'j property rights of arty sort or any exclusive privilege; nor does it authorize arty injury to persons or property, arty invasion of other private rights, or arty infringement of state or local law or regulations. catpliance with the terns of this permit does not constitute a defense to any action brought un::'ler arty law governing protection of public health or the environment for arty ilnminent ani substantial erdaN]entent to human health or the environment. B. PErMIT ACI'IONS '.Ihis permit may be modified, revoked ani reissued, or terminated for cause as specified in 40 Cl'R 270.41, 270.42, and 270.43 as adopted in 15A NCAC 13A .0013. '!he filing of a request for a permit modification, revocation and reissuanoe, or termination or the notification of planned changes or anticipated noncc.trpliance on the part of the Permittee does not stay the applicability or enforceability of arty permit c:x:n:lition. c. SEVH!ABILIT'l '!he provisions of this permit are severable, and if arty provision of this permit or the awlication of any provision of this permit to arty circumstance, is held invalid, the application of such provision to other circumstances, and the remainder of this pennit shall not be affected thereby. D. DUI'IFS AND REQlJIREMENl'S 1. Putv to Cgnply. '!he Permittee shall catply with all conditions of this permit, except to the extent and for the duration such nenectrpliance is authorized by an emergency pennit issued under 40 CFR 270.61 as adopted in 15A NCAC 13A .0013. Any permit nol'lCCH!pliance constitutes a violation of N. c. Hazardous Waste Management Rules arrl N.C.G.S. 130A-Article 9 (Solid Waste Management Act as amended) and is grourrls for enforcement action, permit termination, revocation and reissuance, modification, or for denial of a permit renewal awlication. 2. Putv to Reaooly. If the Permittee will continue an activity allowed or required by this permit after the expiration date of this permit, the Permittee shall suhnit a complete application for a new permit at least 180 days before this permit expires. <Xmers ani operators of hazardous waste mmagement units must have a permit during the active life of the unit and far any period necessary to comply with the co=ective action requirements of Part VII of this permit, I-1 • • 3. Permit Expiratign. 'Ibis permit and all oorrlitions therein will renain in effect beyon::i the permit's eJQ;>iratign date and until a decision is JDade concerniD;J issuanee of a rew permit if the Permittee has subnitted a timely, complete application (see 40 CF.R 270.14-270.29 and 270.10 as adcpted in l5A NCAC 13A .0013) and thrcugh no fauJ.t of the Permittee, the Secretacy of the~ of Ehvirann'ent, Health, and Natural ResoJroes or his designee (hereafter referred to as the Department) has not issued a rew pennit as set forth in 40 CF.R 124.15 as adcpted in 15A NCAC 13A • 0005. 4. Need to Halt or Reduce Activity Not a Defense. It shall not be a defense for a Permittee in an enforcement actiCID that it would have been necessary to halt or reduce the permitted activity in order to maintain r::atplianoe with the oorrlitions of this permit. 5. D.rty to Mitigate. 'Ihe Permittee shall take all reasonable steps to minimize or oorrect any adVerse illpact on the environment result.i.rg from ~lianoe with this pennit. 6, Proper Operation and Maintenance. 'Ihe Permittee shall, at all tilnes, properly operate and maintain all facilities and systems of treatment and control (and related awrrtenances) used by the Permittee to achieve cx:rrplianoe with the oorrlitions of this permit. Prcper operation and maintenance includes effective performance, adequate furrlirg, adequate operator staff.i.rg and train.i.rg, ard adequate lalx>ratory and process controls, incll.ldirq awr<>Priate quality assurance procedures. 'Ihis provision requires the operation of back-up or auxiliary facility or similar systems only when necessary to achieve catplianoe with the oorrlitions of the permit. 7. PJty to Provide InfonnatiQD. 'Ihe Permittee shall furnish to the Department, within a reasonable t~, any relevant infonnation which the Depar1:mant may request to determine whether cause exists for modify.i.rg, revoking and reissu.i.rg, or terminat.i.rg this pmnit, or to determine c:arplianoe with this pmnit. 'Ihe Permittee shall also furnish to the Department, upon request, copies of records required to be kept by this permit. 8. Inspection and Entry. 'Ihe Permittee shall allow the Department or an authorized representative, upon the presentation of credentials arrl other documents as may be required by law to: a. Enter at reasonable times upon the Permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities, equiprent (includ.i.rg ~~Pnitor.i.rg and control equipment), practices, or operations regulated or required under this pmnit; ani I-2 • • d. Simple = lDOiti.tar, at reasonable times, f= the pD:pCSeS of assuring permit cx:~~pliance = as otherwise aut:horized by the N. c. lfazardoos waste Management Rules, any substances = parameters at any locatioo. 9. Monitoring am Records. a. Simples am measurements taken for the purpose of lDOiti.taring shall be representative of the m:mitored activity. 'Ihe nethod used to obtain a zepr entative sanple of the waste to be analyzed I!ILlSt be the awzcpziate nethod frQn AWenclix I of 40 CFR Part 261 as adopted in lSA NCAC l.JA • 0006 or as stated in Section c of the awlication. IaboratoLy methods I!ILlSt be those specified in Section c-2b of the <g;>lication. b. 'Ihe Permittee shall retain records of all m:mitaring infonnation, includin;J all calibration am maintenance records am all original strip chart reoorclin:;Js for continuous m:mitaring instrumentation, copies of all repoz ts am records required by this permit, am records of all data used to catq:>lete the a;wlication f= this permit for a period of at least three (3) years fran the date of the sarrple, measurement, report or record. 'Ihese periods may be extended by request of the Department at any tilne am are automatically extemed during the course of any unresolved enfOJ:"Celrent action regaroirq this facility. c. Records of monitoring infonnation shall include: l.. 'Ihe date, exact place, am tilne of sarrpling or rneasure.ments; 2. 'lhe in:lividual(s) who perfonued the sampling or measurements; 3. 'Ihe date(s) analyses were perfonued; 4. 'Ihe llrlividual(s) Who perfonued the analyses; 5. 'lhe analytical techniques or methods used; am 6. 'lhe results of such analyses. 10. Reporting PlaJ11led Changes. 'Ihe Permittee shall give notice to the Department as soon as possible of any plaJ11led ji)ysical alterations or additions to the permitted facility. 11.. AJ)ticipated Noncanpliance. 'Ihe Permittee shall give advance notice to the Department of any plaJ11led changes in the permitted facility or activity which may result in l'lOTlCCI!Q?liance with permit requirements. 12. Transfer of Permits. 'lhis pemit may be transferred to a new CMner or operator only if it is modified or revoked am reissued pursuant to 40 CFR 270.40, 270.41 am 270.42 as adq:>ted in 15A NCAC 13A .0013. Before transferrirg ownership or operation of the facility during its operating life, the Permittee shall notify the new crvmer or operator in writirg of the requirements of 40 CFR 264 as adopted in 15A NCAC 13A .0009 and 40 CFR 270 as adopted in 15A NCAC 13A . 0013. I-3 13. 14. Q;Jrpliance Aes. Reports of c=pliance orLliance with, or any progress reports on, interim arrl final requirements contained in any catpliance sdledule of this permit shall be sul:nitted no later than fo.rt.een (14) days foll~ each sdlOOul.e date. '1\i!enty=fol.lr Hcur Reportim. 'Ihe Permittee shall 1 ep::u: t to the Deparbnent any lXIrlCCilpliance 'Whidl may ~ health or the environment. ~ information shall be provided orally within 24 hours fran the tilne the Permittee beoaues aware of the c:irallrst:ances. 'Ihe foll~ shall be included as information which llllSt be reported orally within 24 hem's: a. Information concerning release of any hazardous waste that may cause an endan;Jerment to plblic clrinking water suwlies • . b. ~ infm:matian of a release or discharge of hazardous waste, or of a fire or explosion fran the facility, which could threaten the environment or human health outside the facility. 'Ihe des=iption of the occurrence arrl its cause shall include: 1. Name, address, arrl telephone number of the 01o1ner or operator; 2. Name, address, arrl telephone number of the facility; 3. Date, tilne, and type of incident; 4. Narre arrl quantity of material(s) involved; 5. '!he extent of injuries, if any; 6. An assessment of actual or potential hazard to the envi.rol.1llel1t arrl human health outside the facility, where this is awlicable; arrl 7. Fstilnated quantity arrl disposition of recovered material that resulted from the incident. A written sul:mission shall also be provided within five (5) days of the tilne the Permittee beo:.tnes aware of the circumstances. 'Ihe written sul:mission shall contain a des=iption of the T~<:>TJCanpliance arrl its cause; the periods of l"llnCCO!q:lliance (inclucling exact dates and times), arrl if the noncompliance has not been corrected, the anticipated tilne it is expected to continue; and steps taken or planned to reduce, el:iJninate, arrl prevent reocrurrence of the noncompliance. 'Ihe Permittee need not .:=ply with the five-day written notice requi.rerrent if the Deparbnent waives that requirement and the Permittee sul:mits a written report within fifteen (15) days of the time the Permittee beo:.tnes aware of the circumstances. 15. other Noncguplianc¢. '!he Perruittee shall report all other instances of noncompliance not otherwise required to be reported at the time rnonitorin;J reports are sul:mitted. '!he reports shall contain the infozmation listed in eorrlition 1.0.14. 16. other Information. When the Permittee beo:.tnes aware that he failed to Slfunit any relevant facts in the permit application, or sul:mitted incorrect information in a pennit application or in any report to the Deparbnent, the Permittee shall promptly Slfunit such facts or information. I-4 E. • All reports or ather infomation requested by the Department shall be signed and certified aCOOJ:"tlin:J to 40 CFR 270.11 as adopted in l.5A NCAC 13A .0013. F. l:lClCXmNI'S '10 BE MAJNrAlNID AT FACILITl{ SITE 'Ihe Permittee shall maintain at the facility, until clClSil't'e is Clal'pleted and certified by an iideperrlent registered professional en:;ineer, the followin;J docl.mlents and a!nendments, revisions and tnodifications to these doormentst 1. waste analysis plan sul:mitted in a=-clance with 40 CFR 264.13 as adopted in 15A NCAC 13A .0009 and Section C of the application. 2. Personnel trainin;J documents and records sul:mitted in a=-clance with 40 CFR 264.16(d) as adqJted in 15A NCAC l3A .0009 and Section H of the application. 3. Contingency plan sul:mitted in a=-clance with 40 CFR 264.53(a) as adopted in 15A NCAC 13A .0009 and Section G of the application. 4. Closure plan sul:mitted in a=-clance with 40 CFR 264.112(a) as adopted in lSA NCAC 13A .0009 and Section I of the application. 5. Cost estilnate for facility closure sul:mitted in a=-clance with 40 CFR 264. 142 (d) as adopted in lSA NCAC 13A • 0009 and Section I of the application. 6. ~ting record required by 40 CFR 264.73 as adq>ted in lSA NCAC 13A .0009, and Section C, F, G, H, and I of the application. 7. Inspection schedules developed in a=-clance with 40 CFR 264.15 (b) as adopted in lSA NCAC 13A .0009 and Section F of the application. All axrendments, revisions and mxlifications to arry plan or cost estilnates required by this permit shall be sul:mitted to the Department for approval and/or permit tnodifications. G. ANNUAL REPORI' 'Ihe Permittee shall prepare and sul:mit an annual report by March 1 of each year in accordance with 15A NCAC 13A .0001. 'Ihe rep:>rt shall include, in a=rdance with 40 CFR 264.75 as adopted in lSA NCAC 13A .0009, the following infonnation for facility activities durin;! the previous calerrlar year: 1. 'Ihe EPA identification number, :na:me, and address of the facility; 2. 'Ihe calendar year nwered by the report; 3. For off-site facilities, the EPA identification number of each hazardous waste generator fran which the facility received a hazardous waste during the year; for imported ship-rents, the report ll1USt give the :na:me and address of the foreign generator; l-5 4. s. 6. 7. a. 9. A description t the quantity of each ha.zJwaste the facility received durin:] the year i 'llle :method of treat:nent, storage, or disposal of each ha.zardals waste; 'llle nost recent closure cost estimate urder 40 CFR 264 .142 as adopted in 15A NCAC 13A • 0009; For generators who treat, st=e, or dispose of ha.zardals waste an-site, a description of the efforts undertaken durin:] the year to reduce the volume an:i toxicity of waste generated; For generators who treat, st=e, or dispose of hazardals waste an-site, a description of the cban.Jes in volume and toxicity of waste acbJally achieved durin:] the year in CCl!!parison to previous years to the extent such information is available for the years prior to 1984; and 'Ihe certification signed by the owner or operator of the facility or his authorized representative. H. MANIFEST SYSI'EM 1. 'llle Permittee shall utilize the manifest system when receiv:in:J hazardous waste fran off-site in accordance with 40 CFR 264.71 as adopted in lSA NCAC 13A .0009 unless the Permittee sul::rnits an unmanifested waste report in accordance with 40 CFR 264.76 as adopted in 15A NCAC 13A .0009. 2. 'Ihe Permittee shall report any manifest discrepancies in accordance with 40 CFR 264.72 as adopted in 15A NCAC 13A .0009. I. DEFINITIONS For purposes of this permit, terms used herein shall have the same :meaning as those in the North carolina Hazardous Waste Management Rules an:i Solid Waste Management I.aw unless this permit specifically provides otherwise; where tenns are not defined in lSA NCAC 13A, G.S. 130A -Article 9, the permit, or United states Environmental Protection Agency guidance dOCU!nf?nts an:i p.lblicatians, the :mean:in:J associated with such terms shall be defined by a standard dictionary reference or the generally a=epted scientific or industrial :mean:in:J of the term. J. OJNFIOENl'IAL lNFORMATION 'Ihe Permittee may claim confidential any information required to be suJ::rnitted by this permit in accordance with 40 CFR 270.12 as adopted in lSA NCAC 13A .0013. I-6 A. Autborized waste· 'Dle Permittee is authorized to store the foll~ hazardous waste or category of hazardals waste in accordanee with the con:iitions specified in this pennit: KOSS Spent potliners fran prilnary aluminum reduction. B. Design arrl Operation of Facility. 'lbe Permittee shall maintain arrl operate the facility to lllini:mize the possibility of a fire, explosion, or any Ullplanned sudden or llOI'lSlldden release of hazardous waste =nstituents to air, soil or surtaoe water which could threaten human health or the environment. c. Required Notice for Receipt of Off-Site wastes. 1. 'Ihe Permittee shall not receive hazardous waste fran a source outside of the United states. 2. 'lbe Permittee shall not reoeive hazardous waste from an off-site facility. D. General Waste Analysis. 'llle Permittee shall follow the procedures described in the waste analysis plan as indicated in Section C of the application. All waste streams shall have on file a Material Safety Data Sheet as in ~ix c of the application. Results of analyses shall be maintained as per 40 CFR 264.13 as adopted in 15A NCAC 13A .0009 arrl as identified in condition I.D.9. 'lbe Permittee shall verity his waste analysis as part of the quality assuranoe program. 'lbe quality assuranoe program will be in accordance with current EPA practices or equivalent methcds aw;r:oved by the Deparbnent, arrl at a minimum shall ensure that the Permittee maintains proper functional inst.rl.nnents, uses approved sampling arrl analytical methcds, assures the validity of sampling arrl analytical procedures, arrl performs correct calculations. E. Security. 'llle Permittee shall carply with the security provisions of 40 CFR 264.14(b) and (c) as adopted in 15A NCAC 13A .0009 arrl Section F of the application. F. General Inspection Requirements. 'llle Penni ttee shall follow the inspection schedule as described in Section F of the application and shall carply with 40 CFR 264.15(c) and (d) as adopted in 15A NCAC 13A .0009. G. Personnel Trainirq. 'lbe Permittee shall conduct personnel training in accordance with 40 CFR 264.16 as adopted in 15A NCAC 13A .0009 and as described in Section H of the application. H. General Requirements for Ianitable. Reactive, or Incompatible Waste. 'lbe Permittee shall carply with the requirements of 40 CFR 264.17(a) and (c) as adopted in 15A NCAC 13A • 0009. II-1 • • I. Pcguired E:ruianent· '!he Permittee shall equip the facility and make readily available to operatirg persc:amel the necessary equipnent to carry cut the contin;Jency plan, as des=ibed in section G of the awlicatian. At all tilDes, the equip!Eilt requirement des=ibed in 40 CFR 264.32 as adq:rt:ed in 15A NCAC 13.1\ • 0009 shall be met. J. 'l'estim and Maintenance of Ebuignent. '!he Permittee shall test and maintain the equipnent specified in the previous permit eoooition and as identified in Section F of the application as necessary to ensure its proper operation in tiloo of energenc::y. K. Ar;ry>gs to Cclnnrunications or Alarm system. 'Ihe Pennittee shall maintain access to the ccmmunications or alarm system as required by 40 CFR 264. 34 as adq:rt:ed in 15A NCAC 13.1\ • 0009. L. Contingency Plan. 1. Dtplementation of Plan. 'Ihe Permittee shall illlmediately cany out the provisions of the continJency plan whenever there is a fire, explosion, or release of hazardous waste or constituents which threatens or could threaten human health or the envi.rorment as required by 40 CFR 264.56 as adopted in 15A NCAC 13A • 0009. 2. Copies of Plan. 'Ihe Permittee shall comply with the requ.iremmts of 40 CFR 264. 53 as adopted in 15A NCAC 13A • 0009. 3. .1\mea:Dnents tp Plan. '!he Permittee shall review and illlmediately amend, if necessary, the continJency plan, in accordance with 40 CFR 264.54 as adopted in 15A NCAC 13.1\ • 0009. 4. flnergency Coordinator. 'Ihe Permittee shall comply with the requirements of 40 CFR 264.55 as adopted in 15A NCAC 13A .00091 cance:ming the emergency coordi.naWr. M. l'lanifest System. '!he Permittee shall comply with the manifest requirements of 40 CFR 264.71, 264.72, and 264.76 as adopted in 15A NCAC 13A .0009. N. BeQ?rQlwepi.n:J and Reporting. 1. l'lr!el-gtim Record. 'Ihe Permittee shall maintain a written operatinJ record at the facility in accordance with 40 CFR 264. 73(a), (b) (1), (2), {3), {4)1 (5), (6), (8), {9) (10) and (16) as adopted in 15A NCAC 13A ,0009, and as described in Section c, F, G1 H, and I of the application. 2, Annual Report. 'Ihe Permittee shall comply with the annual report requirements of 40 CFR 264.75 as adopted in 15A NCAC 13A . 0009 and as amerrled by 15A NCAC 13A , 0001. o. Closure. 1. Performance standard, 'Ihe Permittee shall close the facility in accordance with the closure plan as described in Section I of the application and as required by 40 CFR 264 .111 as adopted in 15A NCAC 13.1\ .0009. II-2 • • 2. .llmendment to Closure P1an. 'Ihe Pe=ittee shall amend the closure plan in accordance with 40 CFR 264.112(c) as adopted in l5A NCAC 13A .0009 Whenever necessary. 3. Notification of Closure. 'Ihe Pe=ittee shall notify the Oeparbtent in writin;l at least forty-five (45) days prior to the date he expects to begin closure. 4. Time Allowed For Closure. Within ninety (90) days after receivin;! the final volume of hazardous waste, the Pennittee shall treat or renove fran the site all hazardous waste in accordance with the sdledule specified in the closure plan. After receivin;l the final volume of hazardous waste, the Pennittee shall conplete closure activities in accordance with the sch.OOule specified in the closure plan in Section I of the application. s. Di§'!PS"l or Decontamination of El:nlianent· '!be Pennittee shall canply with the requirements of 40 CFR 264.114 as adopted in 15A NCAC 13A .0009. 6. Certification of Closure. 'Ihe Pennittee shall oertif'y that the facility has been closed in accordance with the specifications in the closure plan as required by 40 CFR 264 .115 as adopted in 15A NCAC 1JA • 0009. p, Q?st Estimate for Facility Clooure. 'Ihe Pennittee shall canply with the requirements of 40 CFR 264 .142 as adc.pted in 15A NCAC 13A • 0009, inclucl.in:J the requirements to adjust and revise the cost estimates, when necessary. 'Ihe Perlllittee's closure cost estilnate is described in Tables I-1 through l-3 in Section I of the application. Q. Financial Assurance far Facility Closure. 'lbe Pennittee shall demonstrate contirruous catpliance with 40 CFR 264.143 as adopted in 15A NCAC 13A .0009, or where applicable with 40 CFR 264.146, 264.149, 264.150,and 264.151 as adc.pted in 15A NCAC 13A • 0009 by providin;l documentation of financial assurance in at least the a!OOUllt of the cost estilnates required by condition II.P. ard Aj;yendix I-1 of the application. '!be financial mechanism used shall be that instruroont specified in Appendix I-1 of the application. 'lbe Permittee may propose using a different mechanism by subnitting a new financial instruroont to the Deparbnent for approval. 'Ihe Permittee must subnit this ciocunerrt:ation no later than sixty (60) days prior to the effective date of the proposed change. 'lbe existin;! financial mechanism shall remain in force until the change is approved. R. Liability Reguirgments. 'lbe Pennittee shall conply with the requirements of 40 CFR 264.147 as adopted in 15A NCAC 13A .0009, including the requirements to have and maintain liability ooverage far sudden and a=idental o=urrences in the a!OOUllt of at least $1 million per oce>..rrrence with an annual aggregate of at least $2 million, exclusive of legal defense costs. '!be financial mechanism used shall be that instrument specified in Appendix I of the application. '!he Pennittee may propose using a different mechanism by subnitting a new financial instrument to the Department for approval. 'lbe Pennittee must suhnit this docu:mentation no later than sixty (60) days prior to the effective date of the proposed change. '!he existing financial mechanism shall remain in force until the change is approved. II-3 s. T. Incapacity of o.>ners.or 9PeJ?'tors. Guarantors. or FLial Institutions. 'lhe Pet'mittee shall oatply with 40 CFR 264 .148 as ~ in 15A NCAC 1JA 4' 0009 wheneVer recessi'ry. !'h<;t EBtiJnate for Ccl!pletion of O?rrective Action. 1. '1he Pet'mittee shall prepare a ocst estilnate for the carpletion of any can:ective action required urder this permit for solid waste management units in order to provide financial assurance for carpletion of CX>l:Tective action as required urder 40 CFR 264.101(b) as adcpted in 15A NCAC l.JA • 0009. SUdl ocst estilnate will be based upon the ocst of qmation, inspection, monitoring, an:l. mai.ntelwx::e of the mnective action system to lll1!et the requirements of 40 CFR 264 .101 as adcpted in 15A NCAC 13A .0009 an:l. this permit. 2. '1he Pet'mittee shall subuit a ocst estilnate for any additional corrective action for prior or oontinuoos releases on the date specified by the Deparblent. U. Financial Assurance for Co=ect:ive Action. 1. '!he Permittee shall demonstrate mntinuoos carpliance with 40 CFR 264 .101 as adcpted in 15A NCAC 13A • 0009 by providin;J docmrentation of financial assurance using a mechanism specified in 40 CFR 264 .143 as adcpted in 15A NCAC 1JA • 0009 in at least the am:unt of ocst estimate requjred uroer Cordition II.T. '!he words "CCI!IQ?letion of corrective action" shall be subrt.ituted for "closure an:l.for post-closure" as ar.pxopziate in the financial mechanism. 2. '1he Pennittee shall subuit financial assurance for CC!!Q?letion of corrective action as required under 40 CFR 264.101 as adopted in 15A NCAC 13A • 0009 no later than thirty (30) clays prior to l:eginning fUll operation of the awroved corrective action. V. Srevial Conditions. 1. When a discrepancy exists between the wording of an item in the awlication and this permit, the permit requirements take precedence over the awlication. 2. Where a discrepancy exists l::etween the RCRA Facility Assessna1t (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 reflected in the report. 3. 'Ihe Pennittee shall CCI!IQ?lY with the Organic Air Ehlssions llequire.ments of 40 Cf'R 264 SUJ:part M (for process vents) or SUJ:part BB (for equipnent leaks) as adopted in 15A NCAC 13A .0009. 4. 'Ihe Pennittee shall subuit a closure plan for the interim status unit designated as the former K088 waste Storage structure 058 (SWMU #5) as required by 40 CFR 265, SUJ:part G as adopted in 15A NCAC 13A .0010 no later than thirty (30) days after the effective date of this permit. II-4 'ARI' V -S'lORAGE IN W1>Sl'E Pnzl' A. General Regp i Tf'l""'"tB. 'lhe hazardous waste piles, located in Builclin;J 206 North and Buildin;J 206 south, may be used to store KOS8, spent pot linin:J. 'Ihe total capacity of wastes to be stored is 12, 500 albic yards. B. Permitted and Prohibited Waste Identification 1. 'Ihe Permittee may store the follc:win;J hazardous wastes in waste piles, subject to the terms of this permit, the qualifications of 40 ern 264.250(c) (as adopted in lSA NCAC 13A .0009), and as described belc:w: Waste Pile Area Designation Dimensions Bldg. 206 No. 255 ft. long X 75 ft. wide Bldg. 206 So, 383 ft. long x 75 ft. wide capacity (albic yardsl 5125 7375 Description of Hazardous Hazardgus Waste Waste No. spent pot linin:J 1<088 spent pot linin;J 1<088 2. 'lhe Permittee is prohibited fran placin;J liquids, materials oontainin;J free liquids = any material that will generate leachate through deculq:x:>Sition = other reactions in the pile. c. Inspection Schedules and Proc.edures 'lhe Penni ttee shall inspect the waste pile in accordance with the Inspection Schedule (pages F-4 through F-8 of the application), and shall catq:llete the following as part of those inspections: 1. 'Ihe Permittee shall inspect the waste pile on a weekly basis and within twenty-four (24) after storms to detect evidence of the follwing: a. Deterioration, malfunctions, = :inproper q;>eration of the run-on and run-off control system, b. Free liquids = leachate generated through dE!C0!1q::>OSition = other reactions in the pile. D. Recordkeepina 'Ihe Permittee shall record and maintain in the q;>erating record f= this Permit all m:mit=ing and inspection data COI!piled un:Ier the requirements of COrrlition v.c. E. Ground Water. surface Water, and SUI:surface Soil Monitor:im El1emptions 1. 'Ihe Permittee is not subject to the design and q;>erating requirements for waste piles listed in 40 CFR 264. 251 as adopted in lSA NCAC 13A . 0009 or the ground water protection standards listed in 40 CFR 264 SUl:.part F as adopted in 15A NCAC l3A .0009, provided that the follc:wing corrlitions are met: a. 'lhe Permittee shall maintain and operate the waste pile in accordance with the design plans, specifications, and operating practices contained in Part D of the Permit application; V-1 b. 'Ihe Permi.!oo shall not place liquids or ma!rials conta:in.in;r free liquids in the waste pile; c. 'Ihe Permittee shall protect the waste pile fran surlace water run-on by the sb:ucbJre or in some ather manner; d. 'lhe Permittee shall canl:Lol dispersal of the waste by wind, by means ather than wett.in;J; and e. 'Ihe Permittee shall ensure the pile will not genens.te leachate through decunposition or ather reactions. F. Special Requirements for Incanpatible Waste 1. 'Ihe Permittee shall not place inocmpatible wastes in the same pile. 2. 'Ihe Permittee shall not store a pile of hazardous waste that is inocmpatible with aJri waste or other material stored nearby in other containers, piles, open tanks, or surface ~ unless the waste pile is separated fran the ather materials by a dike, benn or wall. 3. 'Ihe Permittee shall not pile or place hazardous waste on the same base lolhere inocmpatible wastes or materials were previously piled or stored. G. Closure and Post-closure ram 'lhe Permittee must catply with 40 CFR 264.258 as adopted in 15A NCAC 13A • 0009 regarding closure and post~losure care. At closure of the waste pile, the Permittee shall follw the procedures in the awroved. closure plan (pages I-1 through I-11) of the awlication. V-2 • PARI' VII -a:>RRD:'l'IVE ACI'ION • A. APPL!CABP.TIY 'lbe C'onditions of this Part awly to: 1. 'lhe solid waste lDanagement units (SWMI.Js) an::l. areas of conoern (AOCs) identified in ~ A-1 of the pennit, which require further investigation. 2. 'lbe SWMI.Js identified in Appen:lix A-2 an::l. Appendix A-3, which require no further investigation at this tilne. 3. 'lhe SWMOs identified in Appen:lix A-4 which require =ntimatory sanq:ll.irg. 4. Any additional SWMOs = AOCs discovered during the course of ground-water manitor.irg, field investigations, envirormental audits, or other means. B. DEF1NITICNS For purposes of this Part, the following definitions shall be applicable: 1. A "hazardous constituent" f= the purposes of this Part are those substances listed in 40 CFR Part 261 AJ?pom:iix VIII as adopted in 15A NCAC 13A • 0006 2. A "solid waste management unit" (SWMU) f= the purposes of this Part includes any unit which has been used f= the treatment, storage, = disposal of solid waste at any time, irrespective of 'Whether the unit is or ever was intended f= lDanagement of solid waste. RCRA regulated hazardous waste management units are also solid waste management units. Solid Waste Management units include areas which have becorre contaminated by routine an::l. systematic releases of hazardous waste or hazardous constituents, excluding one-time accidental spills that are immediately reroodiated an::l. cannot be linked to solid waste management activities (e.g,, product or process spills) • 3. A "release" for purposes of this Part includes any spilling, leaking, pmping, p::ll.lring, emitting, errq:>tying, dischatq:irg, injecting, escaping, leaching, durrping, = disposing into the environment of any hazardous waste or hazardous constituents. 4. The term "solid waste" means any garbage, refuse, sludge fran a waste treatment plant, water supply treatment plant, = air pollution control facility and other discarded material, including solid, liquid, semi-solid, or contained gaseous material resulting fran industrial, commercial, mining and agricultural operations, an::l. from community activities, b.lt does not include solid or dissolved material in dC>l'OOStic sewage, or solid = dissolved materials in VII-1 • • irriqation return flews or in:lust:rial discharges that are point sources subject to permits un:ier Section 402 of the Federal water Pollution COJlb:ol Act, as anended (86 stat. 880) , or smrce, special nuclear, or by-prcrlUct material as defined by the Atanic Energy Act of 1954, as ame.rDed (68 stat. 923). 5. An "area of concern" for p.nposes of this Part includes arrt area havin;r a ~le release of a hazardous waste or hazardoos constituent loirich is not fran a solid waste management unit ani is detennined by the Department tD pose a current or potential threat tD human health or the emr:irornnent. SUch areas of concern may require investiqations ani remedial action as required under Section 3005(c) (3) of the Resource Conservation ani Recovery Act ani 40 CFR 270.32(b) (2) as adcpted in 15A NCAC 13A .0013 in order tD ensure adequate protection of human health ani the emr:irorment. 6. A "unit" for the p.u:poses of this Part includes, l:ut is not limited tD, any lanifill, surface ~. waste pile, lam treabrent unit, incinerator, injection well, tank, container storage area, septic tank, drain field, wastewater treabrent unit, elementary neutralization unit, transfer station, or recyclin;J unit. 7. "Corrective neasures;" for purposes of this Part, include all ==ective action necessary tD protect human health ani the environment for all releases of hazardous waste or hazardous constituents fran any solid waste management unit at the facility, :regardless of the time at loirich waste was placed in the unit, as required under 40 CFR 264.101 as adopted by 15A NCAC 13A .0009. Corrective JOOasUres may address releases to air, soils, surface water or ground water. 8. "Facilitv" for purposes of this Part includes any contiguous property and structures, other af.Plrlenances, and ilnprovements on the property, under the control of the owner or operator seekin;J a permit under SUbtitle c of RCRA. C. NQITFICATION AND ASSESSMENI' REPUIREMENrS FOR NEl'ILY · IDENI'IFIED SWMQs AND ~ 1. 'Ihe Permittee shall notify the Department in writin;J, within fifteen (15) calerrlar days of discovery, of any additional &WIDs as discovered under Condition VII.A.4. 2. 'Ihe Permittee shall notify the Deparbnent in writing, within fifteen (15) calendar days of discovery, of any Areas of Concern {AOCs) as discovered under Condition VU.A.4. 'Ihe notification shall include, at a lninilnum, the location of the ArX and all available information pertaining to the nature of the release {e.g., media affected, VII-2 • • hazardous constituents released, magnitude of release, etc.) • If the Departnert determines that fUrt:her investigation of an 1>1::£. is required, the permit will be m:xlified :in acoordance with 40 CFR 270.41 as adcpted :in 15A NCAC 13A .0013. 3. 'l1le Perini ttee shall prepare an:'! sul:mit to the Departnert, within ninety (90) calerrlar days of notification, a SWMO Assessment Report (SAR) for eadl SWMU identified unier Coniition VII.C.1. At a lllini:num, the SAR shall provide the followin;J :infonnation: a. IDeation of unit(s) on a tqlo;jxaphio map of <lfPLOp:riate GOdle sudl as required urrler 40 CFR 270.14(b) (19) as adopted :in l.5A NCAC 13A .0013. b. Designation of type am function of unit(s). e. General cllinensions, capacities an:i structural des=iption of unit(s) (SUWlY any available plans/draW~). d. Dates that the unit(s) was cpe:rated. e. Specification of all wastes that have been managed atf:in the unit(s) to the extent available. Inc:lude any available data on 40 CFR 261 as adopted :in 15A NCAC lJA . 0006, A)::Jlendix VIII constituents contained in the wastes. f. All available infornation pertaining to any release of hazardous waste or hazardous constituents :fran such unit(s) (to include grOI.li'Xl-water data, soil analyses, air, an:ifor surface water data) • 4. Based on the results for the SAR, the Departnert shall determine the need for further investigations at the SWMUs covered :in the SAR. If the Oepart:rnent determines that such investigations are needed, the Permittee shall be required to prepare a plan for such investigations as outlined in condition VII.F.l.b. D. NQI'IFICATICN REPUIRF.MENI'S FOR NEWLY DISCXJIJERED :R'El.El\SES AT Pffi.VIOUSLY IPENITFIID S'MJs aro AOCs 1. 'lhe Permittee shall notify the Departnert in writing of any newly discovered release(s) of hazardous waste or hazardous constituents discovered durin:J the course of grOI.li'Xl-water toc>nitorin;J, field investigations, envirornnental audits, or other :means, with:in fifteen (15) caleroar days of discovery. SUch newly discovered releases may be from SWMUs or AOCs identified in Condition VII.A.2. or SWMUs or AOCs identified in Condition VII.A.3. for which further investigation urrler Condition VII.C.4. was not required. 2. If the Deparbrent 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 VII.F.1.b. VII-3 E. ~~CCSl 1. '1he Permittee shall prepare and sul:tnit to the Department, within farty-five (45) caJ.enjar days of the effective date of permit, a Confirmatory SMplin; (CS) Wortplan to determine any release from S1<Mis and ADCs identified in VII.A.3. and Appen:iix A-4. '1he CS Workplan shall include sdledules of inplementation and catpletion of specific actions necessary to determine a release. It shc:W.d also address awlicable requirements and affected media. o:.tpletion of all Confirmatory Sa!!plin; shall not exceed farty-five (45) days. 2. '1he cs Workplan lll.lSt be approved by the Department, in writin;, prior to inplementation. '1he Department shall specifY the start date of the CS Workplan schedule in the letter approvin; the cs Workplan. If the Department disapproves the cs Workplan, the Department shall either (1} notifY the Permittee in writin; of the cs Workplan' s deficiencies and specifY a due date far sul:tnission of a revised CS Workplan, or (2) revise the CS Workplan and notifY the Permittee of the revisions. 3. 'lhe Permittee shall inplement the confirmatory sanplin; in accordance with the approved CS Workplan. 4. '1he Permittee shall prepare and sul:tnit to the Department in accordance with the approved schedule, a Confirmatory Sa!!plin; (CS) Rep:>rt, within sixty (60) calendar days after approval of the CS Workplan, identifYing those SWMUs and ADCs listed in eomition VII. A. 3. that have released hazardous waste or hazardous constituents into the environment. '1he CS Rep:>rt shall include all data, including raw data, and a Sllll1lllat)' and analysis of the data, that ~rts the above determination. 5. Based on the results of the CS Rep:>rt, the Oeparbnent shall determine the need for further investigations at the SWMUs and ADCs covered in the cs Report. If the Deparbnent determines that such investigations are needed, the Permittee shall be required to prepare a plan for such investigations as outlined in Comi tion VII. F .1. b. 'lhe Department will notify the Permittee of any "no further action" decision. F. RCRA FACILI'IY lNVESI'IGATION CRFil 1. RFI WorkplanCsl a. 'lhe Permittee shall prepare and suhnit to the Department, within ninety (90) caleroar days of the effective date of this pennit, a RCRA Facility Investigation (RFI) Workplan for those units identified in Corrlition VII.A.l. 'lhis Workplan shall be developed to meet the requirements of Condition VII.F.l.c. VII-4 • • b. 'Ihe Permittee shall prepare and sul:lnit to the~. within ninety (90) calen:lar days of notification by the Deparbnent, an RFI Workplan for those units identified under cordition VII.C.4., cordition VII.0.2. or Cordition VII.E.S. 'Ihis RFI Workplan(s) shall :be deVelcp;d to meet the requirements of Cl:>ndition VII. F .1. c. c. 'Ihe RFI Workplan(s) shall meet the requirements of Awenllx B at a miruJm.Jm. 'Ihe Workplan(s) shall include schedules of i:n:plementation and carpletion 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~ water. 'Ihe Permittee llllSt provide sufficient justification and/or documentation that a release is not probable if a unit or a media/pathway associated with a unit (~water, surface water, soil, sul:surface 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 awroval of the Department. 'Ihe Permittee shall provide sufficient written justification for any anissions or deviations fran the minimum requirements of Awernix B. SUch anissions or deviations are subject to the approval of the Deparbrent. In addition, the scope of the RFI Workplan(s) shall include all investigations necessary to ensure carpliance with 40 CFR 264.101(0) as adq:rt:.ed in 15A NCAC 13A .0009. d. 'lhe RFI Workplan(s) ll1llSt :be awroved by the Depar1::1nent, in writing, prior to il!plementation. 'lhe Deparbrent shall specify the start date of the RF'I Workplan schedule in the letter approving the RFI Workplan(s). If the Depart:rNmt disapproves the RFI Workplan(s), the Department shall either (1) notify the Permittee in writing of the RFI Workplan's deficienc:ies and specify a due date for sul:lnission 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. 2. RFI J)nplementation 'lhe Permittee shall ilnplement the RFI(s) in a=rdance with the approved RFI Workplan(s) and Appeniix B. 3. RFI Reoorts a. If the time required to conduct the RFI(s) is greater than one hundred eighty (180) calerrlar days, the Permittee shall provide the Department with quarterly RFI Pro:3ress Reports (90 day intervals) beginning ninety (90) calerrlar days from the start date specified by the Deparbrent in the RFI Workplan approval letter. 'Ihe Progress Reports shall contain the following information at a lllinilnum: i. A description of the portion of the RFI canpleted; VII-S ii. ~es of fm:tin;J; • iii. SUmmaries of all deviations fran the approved RFI Workplan during the ~ pericd; iv. SUmmaries of all problems or potential problems enc:amtered during the reporting pericd; v. Projected 1o110rk for the next reporting pericd; em vi. Cl:4>ies of daily reports 1 inspection reports 1 lal:oratory I ll01l.i toring data 1 etc • b. 'lbe Permittee shall prepare an:i sul:rnit to the Department Draft and Final RCRA Facility Investigation Report{s) for the investigations conducted p.lrSUant to the Workplan{s) sutmitted under Corrlition VII.F.l. 'lbe Draft RFI Report(s) shall be suJ:mitted to the Deparbnent for review in acco:r:dance with the sche:lule in the awroveci RFI Workplan{s). 'lbe Final RFI Report(s) shall be sul:rnitted to the Department within thirty {30) calen:lar days of receipt of the Deparbnent's canments on the Draft RFI Report. 'lbe RFI Report(s) shall include an analysis an:i summary of all required .investigations of SWMOs an:i AfX:s an:i their results. 'lbe ~ shall des=ibe the type and extent of contamination at the facility, includin;J sources an:i migration pathways, an:i a des=iption of actual or potential receptors. 'lhe Report{s) shall also des=ibe the extent of contamination (qualitative/ quantitative) in relation to background levels :in::ti.cative of the area. 'lbe objective of this task shall be to ensure that the investigation data are sufficient in quality (e.g., quality assurance procedures have been followed) an:i quantity to describe the nature and extent of contamination, potential threat to human health an:i/or the environment, an:i to S\.lH;)Ort a corrective Measures study, if necessary. c. 'lhe Department will review the Final RFI Report(s) an:i notify the Permittee of the need for further investigative action and/or the need for a Corrective Measures study to meet the requirements of VII. H. , Apperx.tix C and 40 CFR 264.101 as adopted in 15A NCAC 13A • 0009. '!he [lepartloont will notify the Permittee of any "no further action" decision. G. lNI'ERIM Mf.ASURFS <IMl 1. lM Workplan a. Upon notification by the Deparbnent, the Permittee shall prepare and sul:rnit an Interim Measures (IM) Workplan for any SWMU or AOC which the Deparbnent determines poses a current or potential threat to human health or the environment. 'Ihe IM Workplan shall be sul:rnitted within thirty (30) calendar days of such notification an:i shall include the elements listed in VII.G.l.b. SUch interim neasures nay be conducted concurrently with investigations required urrler the terms of this permit. VII-6 • • b. '1he IM Warkplan shall ensure that the interim measures are designed to mitigate aey ~ or potential threat(s) to human health or the environment arx'l to be consistent with arx'l integrated into any lan;J-term solution at the facility. '1he IM Workplan shall include: the interim :measures objectives, procedures for inplementation (inclulln;r any designs, plans, or specifications) , arx'l sdledules for inplementation. c. '1he IM Workplan must be approved by the Department, in writin;1, prior to inplementation. 'Ihe Department shall specify the start date of the IM Workplan schedule in the letter az:p:rovin;J the IM Workplan. If the Deparbnent disawroves the IM Workplan, the Depart:Irent shall either {1) notify the Permittee in writin] of the IM Workplan's deficiencies arx'l specify a due date for sut:mission of a revised lM Workplan, or (2) revise the IM Workplan arx'l notify the Permittee of the revisions am the start date of the schedule within the awroved lM Workplan. 2. IM Dnplementation a. '1he Permittee shall ill'lplement the interim measures in accordance with the approved lM Workplan. b. 'Ihe Permittee shall give notice to the Department as soon as possible of aey planned changes, reductions, or additions to the IM Workplan. c. Final approval of corrective action required urrler 40 CFR 264.101 as adopted in 15A NCAC 13A • 0009 which is achieved through interim measures shall be in accordance with 40 CFR 274.41 as adopted in 15A NCAC 13A .0013 and Condition VU.I. as a permit modification. 3. IM Reports a. If the time required for CUllpletion of interim measures is greater than one {1) year, the Permittee shall provide EPA with quarterly reports {90-day intevals) boqinnin] ninety (90) calen:lar days fran the start date specified by the Department in the lM Workplan approval letter. 'Ihe Progress Reports shall contain the follCMin] information at a minimum: i. A description of the portion of the interim lTeaBitreS CUllpleted; ii. SUmmaries of all deviations fran the lM Workplan during the reporting period; iii. SUmmaries of all problems or potential problems encountered during the reporting period; iv. Projected work for the next reporting period; arx'l v. Copies of laboratory /monitoring data. VII-7 b. '!he Permitle shall prepare and subnit to .. Department, within ninety (90) cale.rDar days of c:x:mpletion of interim measures CX'.>l'ducted un:ler Con::ti.tion VII.G., an lM Report. 'lhe lM Report shall contain the folla.rln;J infonnation at a min:i:a:um: i. A description of interim measures :i:ttplemented: ii. Summaries of results; iii. Summaries of all problems encoontered; iv. Summaries of acconplishments and/= effectiveness of interim measures; and v. Copies of all relevant laborata:ry/m:mit=ing data, etc. in ac=rdanoe with Corrlition r.o.9. 1. Coi:recLive Meas\lres study fCMS) Plan a. '!he Permittee shall prepare and subnit a CMS Plan f= those units requiring a CMS within ninety (90) calemar days of notification by the ~t that a CMS is required. 'lhls CMS Plan shall be developed to meet the requirements of Condition VII.H.l.b. b. '!he CMS Plan shall meet the requirements of AJ;:penlix c. '!he CMS Plan shall include schedules of implementation and c:x:mpletion of specific actions necessary to cxmplete a CMS. '!he Permittee must provide sufficient justification and/= d0Cllllle1ltation f= any unit deleted fran the CMS Plan. SUch deletion of a unit is subject to the awroval of the Deparbnent. 'lhe CMS shall be conducted in a=rdanoe with the a};PrOved CMS Plan. '!he Permittee shall provide sufficient written justification f= any emissions = deviations frcrn the minilnu:m requirements of AppeOOix c. SUch emissions = deviations are subject to the awroval of the Department. '!he scq::>e of the CMS Plan shall include all investigations necessary to ensure canpliance with 3005(c) (3), 40 C'l.'R 264.101 as adopted in 15A NCAC 13A .0009, and 270.32 (b) (3) as adopted in 15A NCAC 13A .0013. '!he Permittee shall inplement =rrective 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. 'lhe Pennittee is not relieved of all responsibility to clean up a VII-8 • • release that has migrat:e:I beyond the facility ~ where off-site access is denied. On-site n-easures to address such releases will be dete.nn.ined on a case-by-case basis. Assuranoes of financial ~:esp:msi.bility for ccmpletion of such off-site cm~:ective action will be required. c, '!be J:lepart:ltent shall either approve or dlsaw=ve, in writin;J, the CMS plan. If the Deparbrent disaj:proves the CMS Plan, the Department shall either (1) IDtify the Permittee in writin; of the CMS Plan's deficiencies ani specify a due date for sub:nittal of a revised CMS Plan, or (2) revise the CMS Plan and IDtify the Permittee of the revisions. '.this nxxlified CMS Plan l:lecomes the ~ CMS Plan. 2. eorrective Meas\lres study Implementation 'lbe Permittee shall begin to iltplement the Con'ective Measures study acc:orclirq to the schedules specified in the CMS Plan, no later than fifteen (15) caleroar days after the Permittee has received written awroval fran the Department for the CMS Plan. 'lhe CMS shall be conducted in aCCUL'dance with the aw:r;owd CMS Plan a~ in a~ with Condition VII.H.l.c. 3. 00 Report a. '!he Permittee shall prepn-e and sub:nit to the Deparbnent a draft and final CMS Report for the study conducted pursuant to the awroveCJ. CMS Plan. 'lhe draft CMS :Report shall be sul:mitted to the Oeparbnent within (90) caleroar days fran the Department's approval of the CMS Plan. 'lhe final CMS Report shall be sul:mitted to the Deparbnent within thirty (30) calendar days of receipt of the D=parbnent 's conunents on the draft CMS Report, 'lhe CNS Report shall S\.lmll'arize any bench- scale or pilot tests conducted. '!he CMS Report must include an evaluation of each remedial alternative and recommen:i the preferred alternative. '!he CMS Report shall present all information gathered uooer the approved CMS Plan. 'lhe CMS Final :Report must contain adequate infonnation to supp:>rt the Department's decision an the recommen:ied remedy, described uooer Permit Oondi tion VII. I. b. If the Department detennines that the CMS Final Report does not fully satisfy the infonnation requirements specified uooer Permit Cordition VII.H.J.a., the Department may disapprove the CMS Final Report. If the Department disa;wroves the CMS Final Ret;.ort, the Department shall notify the Permittee in writing of defi~ies in the CMS Final Report and specify a due date for subnittal of a revised CMS Final Report. 'lhe Deparbrent will notify the Permittee of any no further action decision. VII-9 • • c. As specified under Permit Condition VII.H.3.a., based on preliminary results and the CMS Final Report, the Depart::Inent :may require the Permittee to evaluate additional remedies or particular elements of one or more prqx:>Sed remedies. I. REMEDY APPROVAL AND PERMIT IDDIFIGATION l. A ze.no:dy shall be selected by the Departirent fran the remedial alternatives evaluated in the CMS. It will be based at a minim..mt on protection of human health and the environment, as per specific site corditions, existing regulations, and guidance, 2. Pursuant to 40 CFR 270.41 as adopted in 15A NCAC 13A .0013, a permit Dr:dification will be initiated by the Deparbnent after recanmen:lation of a Leno:dy selected in a=rdance with Condition VII.I.l. nris nn:lification will serve to incoLpozate a final Lemedy into this permit. 3. Within one hun:lred and twenty (120) calen:lar days after this Permit has been !rodified, the Permittee shall demonstrate financial assurance for completing the approved Leno:dy. J. IDDIFICATION OF 'IHE <XJR:RECriVE ACI'IQN SOliDULE OF cn.lPLil\NCE 1. If at acy tilne the DepaLtiient detennines that !rodification of the Corrective ActiOn Schedule Of Cooq:>liance is necessary 1 the Deparboont may initiate a !rodification to the Schedule of Cooq:>liance, Apperxtix D. 2. M:xiifications that axe initiated and finalized by the Department according to proper procedure, as outlined in~ E, shall not be subject to administrative appeal. 3. z.b:lifications to the Schedule of Cooq:>liance do not oonstitute a reissuance of the Permit. K. IMMINENI' HAZARDS 1. 'lhe Permittee shall report to the DepaL1lient any imminent or existing hazard to public health or the enviLoiDiient frcn any release of hazardous waste or hazardous constituents. SUCh information shall be reported orally within 24 hours from such tilne the Permittee becomes aware of the circumstances. This report shall include the information specified urrler Condition I.D.l4.a and b. 2. A written report shall also be provided to the Deparbnent within fifteen (15) calendar days of the tilne the Permittee becomes aware of the circumstances. 'lhe written report shall contain the information specified under Condition I.D.14.a and b 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 tilne it is~ to continue; and steps taken or planned to reduce, eliminate, and prevent recurrence of the release. VII-10 • • L. PIAN AND REPORI' REOOIRl!l1ENI'S 1. All plans an:1 schedules shall be subject to aw=vaJ. 1::¥ the Deparbnent prior to :inpleiMI'ltation. 'lhe Pennittee shall revise all subnittals an:1 schedules as specified J::¥ the Deparblerrt. Upon approval the Pennittee shall inple.nent all plans an:1 schedules as written. 2. 'lhe resu1 ts of all plans an:1 reports shall be subnitted in accordanoe with the awroved schedule. Ertensions of the due date for subni ttals may be granted l::rj the Deparb1errt based on the Permittee's denonstration that sufficient justification for the extension exists. 3. If the Permittee at any time detennines that the SAR infannation required urrler Condition VII.C., the CS WOrkplan urrler VII.E, or RFI WOrkplan(s) required un:ier Condition VII. F., no ltn;Jer satisfy the ~ of 40 CFR 264.101 as adopted in 15A NCAC 13A • 0009 or this permit for prior or continui.n; releases of hazardous waste or hazardous constituents from solid waste management units an:lfor areas of concern, the Permittee shall subnit an amen:1ed RFI WOrkplan(s) to the Deparblent within ninety {90) calendar days of such determination. 4. All reports shall be signed an:1 certified in accordance with 40 CFR 270.11 as adopted in 15A NCAC lJA .0013. 5. Two (2) copies of all reports an:1 plans shall be provided l::rj the Permittee to the Deparbnent at the follawing address: Mr. Jerome H. Rhcdes, Cllief Hazardous waste Section Solid Waste Management Division Post Office Box 27687 Raleigh, NC 27611-7687 VII-11 'ARI' VIII -WASTE MINIMIZATICN. A. GENERAL REQUIREMENI'S Pursuant to 40 CFR 264. 73(b) (9) as adq7ted in l.SA NCAC DA .0009, al'ld Section 3005(h) of RCRA, 42 u.s. c. 6925(h), the ~ttee IIUSt certify, no less often than annually that: 1.. 'lhe ~ttee has a program in place to reduce the volume ani toxicity of hazardous waste to the degree determined by the Permittee to be eoonanically practicable; al'ld 2. 'lhe proposed mathOO of treatJnent, st=age or disposal is the most practicable method available to the Permittee which minimizes the pr sent al'ld f'ublre threat to human health ani the environment. B. WASrE MINIMIZATION REmB0 KEEPING '!be ~ttee shall maintain copies of certification in the facility operati.rg record as required by 40 CFR 264.73(b){9) as adq7ted in lSA NCAC 13A • 0009, C, WASTE MINIMIZATION PJ!(X;RAM OBJEC!'JIIES 'lhe Waste Minimization program required under VIII.A. above shculd address the objectives listed in Appenlix F. VIII-1 A. GENERAL RES'miCI'ICNS 1. 40 CFR Part 268 as a.ciq:>ted in lSA NCAC 13A • 0012 identifies hazardcus wastes that are restric;:te;i fran l.aro disposal and defines those limited circumstances 'Which an otherwise prdribited waste may continue to be plaCEd on or in a l.aro t:rea'b'nent, storage or disposal unit. '!he Permittee shall maintain ca~pliomce with the requi:rements of 40 CFR 268 as adc:pted in lSA NCAC 13A .0012. Where the Permittee has awlied for an extension, waiver or variance un:ler 40 CFR 268 as adopted in lSA NCAC 13A .0012 the Permittee shall catply with all restrictions on land disposal un:ler this Part once the effective date for the waste has been reached perrlin; final awrovai of such awlication. B. I.i1NP DISPOSAL PROHIBITICJ'4"S AND TRFA'IMENJ' &p\NDI\RDS 1. A restric;:te;i waste identified in 40 CFR Part 268 SUl:part C as adopted in 15A NCAC lJA • 0012 may not be plaCEd in a land disposal unit without further treatment unless the requirements of 40 CFR Part 268 SUlparts c and/or D as adopted in lSA NCAC 13A .0012 are met. 2. '!he storage of hazardous wastes restric;:te;i fran land disposal un:ler 40 CFR Part 268 as adopted in 15A NCAC 13A • 0012 is prohibited unless the requirements of 40 CFR 268 SUl:part E as adopted in 15A NCAC 13A .0012 are met. C. DEFllUTIONS 1. For the prrp:>SeS of 40 CFR Part 268 as adopted in 15A NCAC l3A .0012, "I.an:l. Disposal" means placement in or on the land and includes, rut is not limited to, placement in a larxlfill, surrace inpoundment, waste pile, injection well, land treatment facility, salt dome formation, undergrCll.ln:l mine or cave, or ooncrete vault or tunker intended for disposal prrp:>SeS. IX-1 • • APPENDIX A SOLID W1ISl'E MANAGEMENI' UNITS AND AREAS OF ~CERN SlMI1IRY • • APPENDIX A-1 Solid waste Managerrent Unit and Area of o:mcem numbers and descriptions corresporxi with those noted in the RC.RA Facility Assesslrient (RFA) Rep:>rt. Where discrepancies exist the permit will take precedence. List of Solid Waste Management Units and Areas of o:mcem requiring an RFI: $HJ/N)C No. 1 2 3 22 25 33 35 N.X;-A NX-B l'?g<:cription On-Site Landfill Alcoa/Badin Landfill Old Brick Dump Scrap Yard underground Conveyance Line to NPDES CXttfall 009 Wet Weather Rim-on Diversion "Old" waste oil Storage Area F\lel Oil Tank Release C'.arpressor Oil Leakage Area A-1 • APPENDIX A-2 • List of Solid Waste Management Units or Areas of Concern that require no further action at this time. SWMUfNX: NO. 8 9 10 l.2 13 14 15 16 l.7 18 19 21 23 24 26 27 28 29 30 31 32 41 Description Neutralization Tank Spent caustic Buil.c:lin;J Delete [combine with SWMU #7] Delete [combine with SWMU #11] Delete [combine with SWMU #11] Anode Assembly Iron Melting' FUrnace Baghouse Rod Blast Baghouse Butt Blast Baghouse Machine Shop Baghouse [ 1] Machine Shop Baghouse [2] Sludge Dewatering' Bed Sandblast Area Former waste Paint storage Area caustic Degreaser Fonner Uniergrt:lll'ld COl1veyance Line to NPDES outfall 001 umerground Conveyanee Line to NPDES outfall 001 umerground Conveyance Line to NPDES outfall 003 Unierground Conveyance Line to NPDFS 004 umerground Conveyance Line to NPDES Outfall 005 stol:Tl!Wa.ter Oil{Water Separator [ 1] stormwater Oil/Water Separator [2) R-173 LiJne Fill A-2 • APPENDIX A-3 • List of Solid Waste Management Units regulated by the state's portion of the RCRA penni.t. li!JiMJfNX No. 5 6 I:ltsscription Former KOSS Waste storage st:rucblre 058 KOBB Storage Buildin:.J 206-North A-3 • APPENDIX A-4 • List of Solid waste Management Units am Areas of Concern RE!qui.rin;J D:lnf:irmatory Sanplin;J ~No. 4 7 11 20 36 38 39 Des=iption Former KOSS st=age Pad Aerated lagoon waste oil A=lmulation Area/MiSO'i!llaneoos st=age Area/Pot Pad Bu:rniJ'g Area (2]/0ld Bake Fw::nace Site Vehicle wash station Pot Pad Bu:rniJ'g Area [ 1] Old Rotary station PCB st=age Buildin;J A-4 •• • APPENDIX B RCRA FACILI'IY INVESTIGATION (RFI) WJRK PLAN OUl'LINE B-1 • APPENDIX B • RCRA :fACILI'lY INVESTIGATION (RF'I) IDRK PU\N CXJl'LINE I. RFI WOR!\PlAN REX.J!JIREMENrS 'lhe Permittee shall prepare a RC». Facility Investigation (RFI) Worlq;>lan that meets the requirements of Part VII of this c:loament and the RF'I Guidance, EPA-530/SW-89-031. '!his Worlq;>lan shall also include the developteut of the foll~in] plans, which shall be prepared concurrently: A. Project M:magement Plan Permittee shall prepare a Project Management Plan which will include a cliso.Jssion of the technical awroach, schedules and personnel. '!he Project Managemant Plan will also include a des=iption of qualifications of personnel perforll'tin;J or ctirectin] the RFI, including contractor personnel. '!his plan shall also document the overall :management approach to the RC». Facility Investigation. B. Sampling and Analysis Planfsl '!he Permittee shall prepare a plan to document all lWl'litorin] procedures: field sarnplin], sarnplin] procedures and sample analysis performed durin] the investigation to characterize the env.ironrrental settin], source, and releases of hazardoos constituents, so as to ensure that all information and data are valid and properly ~ted. 'Ihe Sampling strategy and Prooedures shall be in a=-dance with Olaracterization of Hazardoos Waste Sites A Mgthrx'ls Manual: Volume II.. Available Sampling Methods, EPA-600/4-84-076, or EPA Region IV Engineering SUpport Branch's stanQam Operating Prooedure and CNality Assurance Manual (SOP) • Any deviations fran these references must be requested by the awlicant and awroved by EPA. '!he Samplin] and Analysis Plan must specifically discuss the follow-in] unless the EPA-600/4-84-D76 or SOP procedures are specifically referenced. 1. Sampling f!trnt"9Y a. Selecting appropriate sampling locations, depths, etc.; b. Obtainin] all necessary ancillary data; o. Determinin] =nditions under which sarnplin] should be =nducted; d. Determining which media are to be sarnple:l (e.g., groun:i water, air, soil, se:lilnent, subsurface gas); e. Determinin] which parameters are to be :measure:l and where; B-2 f. g. Sel,J.rq the frequency of sanplinJ J len;rt:h of sanplfnJ period; SelectfnJ the types of sanples (e.g., cuupJSites vs. grabs) and number of sanples to be oollected. 2. Sampl;im Prog:rlures a. JJocuJrentfnJ field sanplfnJ operations and procedures, includin;J; i. ~tion of procedures for preparation of reagents or supplies which become an integral part of the sanple (e.g., filters, preservatives, and absorbinJ reagents); ii. Procedures and forms for recordirq the exact looation and specific oonsiderations associated with sample acquisition; iii. Documentation of specific sanple preservation method; iv. calibration of field instruments; v. SUl:mission of field-biased blanks, 1olhere awropriate; vi. Potential interferences present at the facility; vii. Construction materials and techniques, associated with IOClnitorinJ wells and piezaneters; viii. Field equipnent listinJ and sampling oontainers; ix. Salrpling order; and x. Decontamination procedures. b. Selecting appropriate sa~Tple containers; c. Salrpling preservation; and d. Olain-of-=stroy' includin;J: i. standardized field tracking reporting forms to establish sa~Tple custOOy in the field prior to shipnent; and ii. Pre-prepared sample labels containing all information necessary for effective sanple trackinJ. B-3 3. Salrple ~is • Sal!ple analysis shall be ex>nduc:tai in a=danoe with SW-846: "Test Methods for E\raluatirq Solid waste-Phvsical/Cllemical Methods" (third edition). '!be sa:rrple analysis section of the SanJ>lin;J and Analysis Plan shall specify the foll.cwin::J: a. Cllain-of-o.JStody prooedures, in=ludin;;p i, Identification of a responsible party to act as sanplin;J o.JStodian at the laboratory facility authorized to sign for i.ncom.in:J field sa:rrples, obtain doalments of shlpnents, and verify the data entered onto the sample custody records; ii. Provision for a laboratory sample custody log oonsistin;J of serially numbered staOOard lab-tracki.rg report sheets; and iii. Specification of lab.:>ratory sample custody procedures for sanple handlin;J, storage, and dispersement for analysis. b. Sample storage; c. Salrple preparation methcds; d. Analytical Procedures, includ:irq: i. Scope arrl application of the procedure; ii. Sample matrix; iii. Potential interferences; iv. Precision and a=acy of the methodology; and v. Method detection limits. e, Calibration procedures and frequency; f. Data reduction, validation arrl reporting; g. Interrlal quality control checks, lalx>ratory perfornance and systems audits and frequency, including: L Method blank(s); ii. laboratory control sarrples(s); iii. Calibration check sanples(s); iv. Replicate samples(s); B-4 ------------------- • • v. Matrix-sp.iked sample(s); vi. o:mtrol charts i vii. SUrrogate samples; viii. Zero and span gases; and ix. Reagent quality control checks. h. Preventative maintenance procedures and schedules; i. Cbrrective action (for laboratory problems); and j. '1\u:naround time. c. pata Management Plan 'Ihe Permittee shall develop and initiate a Data Manage11~11t Plan to document and track investigation data and results. 'lhis plan shall identify and set up data documentation materials and procedures, project file requirements, and project-related ptcyLess reportin;r procedures and documents. ~e plan shall also provide the format to be used to present the raw data and conclusions of the investigation. 1. Data Record ~e data record shall include the followi.rq: a. Unique sample or field lll:!8SUreltlent code; b. Sampling or field measurement location and sample or measurement type; c. Sampling or field measurement raw data; d. laboratory analysis ID number; e. Property or component measures; and f. Result of analysis (e.g., concentration). 2. Tabular Displays The following data shall be presented in tal::ular displays: a. Unsorted (raw) data; b. Results for each medium, or for each constituent :rooni tored; c. Data reduction for statistical analysis, as ~iate; B-5 d. of data by potential stratifi.ion factors (e.g., location, soil layer, topography) ; and e. SUmmary data. 3. Graphical Displays 'Ihe followi.n:J data shall be presented in grapucal fomats (e.g., 1:.=" gra};tls, line gra):hs, area or plan maps, iscpleth plots, cross-sectional plots or transits, three dimensional gra};ils 1 etc • ) : a. Display sanpli.n:J location and sanplin;J grid; b. Indicate boundaries of sanplin;J area, and area where more data are required; c. Display geographical extent of contamination; d. Illustrate charv:]es in concentration in relation to distances from the source, time, depth or other parameters; and e. Irrlicate features affecti.n:J inter-media transport and show potential receptors. II. RCRA FACiliiT'f ll'MSTIGATION CRFI) REQUIREMENI'S RGRA Facility Investigation: 'lhe Pennittee shall =nduct those investigations necessary to: characterize the facility (Environmental Setting); define the sooroe (Source Olaracterization) ; define the degree and extent of release of hazardous constituents (Contamination <llaracterization); and identify actual or potential receptors. 'lhe investigations should result in data of adequate technical content and quality to support the development and evaluation of the corrective action plan if necessary. 'lhe information contained in a RCRA Part B permit application and/or RCRA Section 3019 Exposure Information Report rray be referenced as appropriate. All sampli.n:J and analyses shall be =nducted in a=rdanoe with the 5altpling and Analysis Plan. All sampli.n:J locations shall be dooumented in a log and identified on a detailed site rrap. A. Environmental Setti.m 'lhe Pennittee shall collect information to suwleroont and/or verify Part B information on the environmental setting at the facility. 'Ihe B-6 • • Permittee shall dlaractel:ize the foll<M.in; as they relate to identified sources, pathways an:l. areas of releases of hazardous constituents from Solid Waste Management units. 1. Hydrcgeolcgy 'lhe Permittee shall con:luct a pJ:ogram to evaluate hy<hoyeoloyic conditions at the facility. 'lhis program shall provide the follCMiiq i.nfot'lllation: a. A description of the regional an:l. facility specific geologic an:l. hydrogeologic characteristics affectirg groun:l-water flOW" beneath the facility, incluclin::J: i. Regional an:l. facility specific stratigt'alily: description of strata incll.lCillq strike an:l. dip, identification of stratigraphic contacts; ii. structural geology: description of local an:l. regional structural features (e.g., foldirg, faultirg, tiltiiq, jointiiq, etc.); iii. Depositional histocy; iv. Regional and facility specific groun:l-water flt'M patterns; an:l. v. Identification an:l. characterization of areas an:l. amounts of recharge an:l. 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 an:l. a=ate classification an:l. description of the hydrogeologic units which may be part of the migration pathways at the facility (i.e., the aquifers and any intervening saturated an:l. unsaturated units) , incll.lCillq: i. Hydraulic conductivity an:l. porosity (total and effective); ii. Lithology, grain size, sorting, degree of cementation; iii. An interpretation of hydraulic interconnections between saturated zones; an:l. iv. '!he attenuation capacity an:l. mechanisms of the natural earth materials (e.g., ion exchange capacity, organic carbon content, mineral content, etc.). B-7 • • d. Based on data obtained fran groun:l-water nonitorilq wells am piezaooters installed upgradient am cbmgradient of the potential contaminant source, a representative des=iption of water level or fluid pressure monitorilq incluii.n;r: 1. water-level =ntour amjor potenticmetric maps; 11. Hydrologic =ass-sections s.hcMin;J vertical gradients; iii. lbe fletW system, incluc:lin;J the vertical am horizontal c:xmponents of fletW; am iv. Airj temporal charY;Jes in hydraulic gradients, for exanple, due to tidal or seasonal influences. e. A des=iption of man-made influences that may affect the hydrology of the site, identifyilq: i. local water-supply am production wells with an approximate schedule of pumpilq; am ii. Man-made hydraulic structures (pipelines, trench drains, ditches, etc.) 2. ~ lbe Permittee shall corduct a program to characterize the soil am rock units above the water table in the vicinity of contaminant release(s). SUch characterization may include, b.lt not be l:iJnited to, the folletWing types of inforJ\\'ltion as appropriate: a. SUrface soil distril.ution; b. Soil profile, incluc:lin;J AS'IM classification of soil; c. Transepts of soil stratigraphy; d. Hydraulic conductivity (saturated am unsaturated); e. Relative permeability; f. Bulk density; g. Porosity; h. Soil SOl:ption capacity; i. cation exchange capacity (CB:); j. Soil organic content; k. Soil I=fl; 1. Particle size distribution; m. Depth of water table; n. Moisture =ntent; o. Effect of stratification on unsaturated flOW'; p. Infiltration; q. Evapotranspiration; r. storage capacity; s. Vertical flow rate; am t. Mineral =ntent. B-8 • • 3. S!.lrfaoe Water arrl Sediioont 'lhe Permittee shall COOOuct a pro;p:am to dlaracterize tlle surface water bodies in tlle vicinity of tlle facility. SUch dlaracterizations l!laY i.nolude, 1:ut not be limited to, tlle following activities arrl infonnation: a. I:les=iption of tlle tenporal and pernanent surface water bodies i.noludm;p i. For lakes and est:uaries: location, elevation, surface area, inflow, outflow, c;lept:h, terrperature stratification, and volU~ne; ii. For ilnpounjment.s: location, elevation, surface area, depth, vollllne, freeboard, and oonstruotion and purpose; iii. For streams, ditches, arrl channels: location, elevation, flow, velocity, depth, width, seasonal fluctuations, flooding temencies (i.e., 100 year event), discharge point(s), and general contents. iv. Drainage patterns; and v. Evapotranspiration. b. I:les=iption of tlle chemistry of the natural surface water arrl sediments. 'Ihls includes determining the ]:H, total dissolved solids, total suspen:led solids, biological oxygen demand, alkalinity, conductivity, oxygen d€m'and, total organic carl:on, specific contaminant concentrations, etc. c. Description of sediment characteristics i.noluding: 4. AY: 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.) The Permittee shall provide infonnation characterizing the clilnate in the vicinity of the facility. Such infonnation l!laY include, rut not be limited to: a. A description of the following parameter: i. Annual and monthly rainfall averages; B-9 ii.~y terrperature averages am~; iii. Wini speed and direction; iv. Relative humidity/deW point; v. A~ic pressure; vi. Evaporation data; vii. Developroont of inversions; and viii. Clilnate extremes that have been lo'lown to ocarr in the vicinity of the facility, incluciin:,; frequen::y of occurrence (i.e., Erurricanes). b. A description of t.opograFh!c and 1!13Il-made features which affect air flow ard emission patterns, i.ncludin:j: i. Ridges, hills or mountain area; ii. Canyons or valleys; iii. SUrface water bodies (e.g., rivers, lakes, bays, etc.); ard iv. Buildin;Js. 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 un:iue safety risks, including": type; quantity; pzysical fonn; disposition (containment or nature of deposits); arrl facility characteristics affecting" release (e.g., facility security, ard engineering" ba=iers) • 'Ibis shall include quantification of the following" specific characteristics, at each source area: 1. Unit/Disoosal Area Qlaracteristics a. location of unit/disposal area; b. Type of unit/disposal area; c. Design features; d. Operating" practices (past and present) ; e. Perioo of operation; f. Age of unit/disposal area; g. General physical corditions; and h. Method used to close the unit/disposal area. B-10 2. Waste ~cteristios: • a. Type of wastes placed in the unit; i. Hazardous classification (e.g., flammable, reactive, corrosive, oxidizing or reducing agent); . . ,....~ ..... <ty,· ~_,., l.l.. .......... • ._._ "" .... iii. Cl1emical CO!tPJSition. b. :Al.ysical and chemical characteristics such as; i. Physical fonn (solid, liquid, gas); ii. :Al.ysical description (e.g., po!lder, oily sludge); iii. 'I'errperature; iv. ];ii; 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. Biode<¥adability, bioconcentration, biotransfornation; iii. Photode<¥adation rates; iv. Hydrolysis rates; and v. Cl'lemical transfonnations. '!he Permittee shall document the procedures used in making the above detenninations. B-11 • • c. Characterization 9f Releases of Hazardoul; Constituents 'lhe Permittee shall collect analytical data on gl:'CUn:l water, soils, sw:Tace water, sediment, and sutsurface gas oontamination in the vicinity of the facility in accordance with the sanpl:in;J and analysis plan as required above. 'Ihese data shall be sufficient to define the extent, origin, direction, and rate of movement of contamination. Data shall include tine and location of sanpl:in;J, lOOdia sanpled, concentrations foum, conditions dur:in;J sanpl:in;J, and the identity of the individuals perlormin;J the sanpl:in;J and analysis. 'lbe Permittee shall address the folla.rin;J types of contamination at the facility: 1. Groum-water Contamination 'lhe Permittee shall coniuct a groum-water investigation to characterize any plumes of conta:mination detected at the facility. 'Ibis investigation shall at a min:innJm provide the following information: a. A description of the horizontal and vertical extent of any plume(s) of hazardous constituents originating fran or within the facility; b. 'lhe horizontal and vertical direction of conta:mination movement; c. 'lhe velocity of contaminant lllOVE!It1e1lt; d. 'lhe 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 conta:minant movement. 'lhe Fermi ttee shall document the procedures used in making the aboVe determinations (e.g., well design, well construction, gec:>f*lysics, nv:x'ielin;J, etc.). 2. Soil Contamination 'lhe Permittee shall conduct an investigation to characterize the =ntamination of the soil and rock units above the saturated zone in the vicinity of any =nta:minant release. 'lbe investigation may include the followin;J information: a. A description of the vertical and horizontal extent of =ntarnination; B-12 • • b. A des=iption of appropriate contaminant and soil chemical properties within the contaminant source area and pllll!e. 'Ihis may include contaminant solubility, speciation, absorption, leachability, exc:harJ;Je capacity, biodegradability, hydrolysis, tnotolysis, oxidation and other factors that might affect contaminant migration and transfont~ation; c. Specific contaminant concentrations; d. 'Ihe velocity and direction of contaminant =vement; and e. An extrapolation of future contaminant =vement. 'Ihe Fermi ttee shall dOClllOOilt the procedtlres used in :trakin;l the alx>ve determinations. 3. Su:rface Water and Sediment Contamination 'Ihe Permittee shall conduct a surlace water investigation to characterize contamination in surface water bodies resultin;J fran releases of hazardous constituents at the facility. 'Ihe investigation may include, but not be limited to, the following information: a. A des=iption of the horizontal and vertical extent of a:tr:f plume(s) originating from the facility, and the extent of contamination in un:lerlying sediments; b. 'Ihe horizontal and vertical direction of contaminant moveroont; c. 'Ihe contaminant velocity; d. An evaluation of the physical, biological and chemical factors influencing contaminant movement; e. An extrapolation of future conta:minant movement; and f. A des=iption of the chemistry of the contaminated surlace waters and sediments. 'Ihis includes determining the ];ii, total dissolved solids, specific oontarninant ooncentrations, etc. 4. Air Contamination 'Ihe Fermi ttee shall conduct in investigation to characterize gaseous releases of hazardous oonstituents into the atlrosihere ar any structures or wildings. 'Ihis investigation may provide the following information: B-13 a. A de...iption of the horizontal an:i .ical direction an:i velocity of contaminant ll'lOVelllE!IIt; b. 'nle rate an:i an'OI.ll'lt of the release; an:i c. 'nle dlemi.cal an:i ~ysical c::anposition of the oontam:inant(s) released, includi.n; horizontal and vertical concentration profiles. 'nle Perlnittee shall document the procedures used in maJd.n;j the above determinations. o. Potential Receptors 'nle Pennittee shall collect data describing the human pop..!lations an:i enviroranental systems that are susceptible to contaminant exposu:r-til from the facility. Chemical analysis of biological sa:ttples anilfor data on obserVable effects in ecosystems may also be obtained as appropriate. 'Ihe following characteristics shall be identified: 1. CUrrent local uses and planned future uses of grounj water: a. Type of use (e.g., drinking water =: lllll1licipal or residential, agricultural, domestic/non-potable, an:i imustrial) ; an:i b. IDeation of groun:3.-water users, to include withdrawal and discharge wells, within one mile of the :i:mpacted area. 'nle above infonnation should also indicate the aquifer or hydrogeologic unit used and/or :i:mpacted for each item. 2. Olrrent local uses and planned future uses of surface waters directly :i:mpacted by the facility: a. Donestic an:i municipal (e.g., potable and lawn/gardening watering); b. Recreational (e.g., swinTming, fishing); c. Agricultural; d. :rn::tustrial; and e. Enviroranental (e.g., fish and wildlife propagation). 3. Human use of or access to the facility and adjacent lards, including rut not limited to: a. Recreation; b. Hunting; c. Residential; d. CQmnercial; and e. Relationship betWeen p:>pUlation locations and prevailing wind direction. B-14 4. 5. 6. 7. A general !scription of the biota in surf. water bodies on, adjacent to, or affected by the facility. A general description of the ecology within the area adjacent to the facility. A general denoc;p:aphic profile of the people who use or have access to the facility and adjacent lanl., includiJ'q, J:ut not limited to: age; sex; and sensitive sul:qralps. A description of any knoWn or documented errlarqered or threatened species near the facility. B-15 • • c-1 • APPENDIX C • WRRECl'JVE MFAStJRES SI'UDY !CM.Sl PlAN oonJNE X. Identification an:i DevelC!QWlllt of the Corrective Measure Alternatives A. Description of ClJn'ent Situation B. EStablishment of Corrective Action Objectives c. Sc::r"eenin;r of Corrective Measures Technologies D. Identification of the Corrective Measure Alternatives n. Evaluation of the Corrective Measure Alt.ematiyes A. Technical/Environmental/Human Health/Institutional B. Cost Estimate III. Justification an:i Recqrmnendation of the corrective Measure or Measures A. Tedmical B. Environmental c. Human Health :rv. Renmts A. Draft B. Final c. Public Review an:i Final Selection of corrective Measure C-2 I. IDmnflCATIW AND LQPMM OF 'IHE a?RRECl'IYE ~ AL'I'ERNA'I'IYES Based on the results of the RCRA Facility Investigation and consideration of the identified potential co=ective measure technologies, the Permittee shall identify, screen and devel({l the alternatives for renova.l, containment, treatment arD.for other remediation of the contaltlination based on the objectives established for the con:ective action. A. Desgription of Qrrrent Situation 'Ihe Permittee shall suhnit an up:late to the information ~ibirq the current situation at the facility ar£1 the knoWn nature ar£1 extent of the contamination as dorurrented by the RCRA Facility Investigation (RFI) Report. 'lbe Permittee shall provide an up:late to information presented in the RFI regarding previous response activities and interim measures which have or are beirq int:>lernented at the facility. 'Ihe Permittee shall also make a facility-specific statement of the purpose for the response, based on the results of the RFI. 'lhe statement of purpose should identify the actual or potential exposure pathways that should be addressed by corrective measures. B. E'stablisbment of Corrective Action Objectives 'Ihe Permittee shall prqx>Se facility-specific objectives for the co=ective action. 'lbese objectives shall be based on public health and environmental =iteria, information gathered durirq the RFI, EPA guidance, ar£1 the requirements of a:tr:f applicable Federal statutes. At a minimum, all ==ective actions oonoerning grourrl-water releases from regulated units must be =nsistent with, ar£1 as strirqent as, those required under 40 CFR 264.100 as adC{lted in 15A NCAC 13A . 0009. C. Screening of eo=ective Measure Technologies 'lhe Permittee shall review the results of the RFI and assess the technologies which are applicable at the facility. 'Ihe Permittee shall screen the ==ective measure technologies to eliminate those that may prove infeasible to int:>lernent, that rely an technologies unlikely to perform satisfactorily or reliably, or that do not achieve the co=ective measure objective within a reasonable time period. '!his screening process focuses on eliminatirq those technologies which have severe limitations for a given set of waste and site-specific =nditions. 'lhe screening step may also eliminate technologies based on inherent technology limitations. site, waste, ar£1 technology characteristics which are used to screen inapplicable technologies are described in more detail below: 1. Site Characteristics site data should be reviewed to identify =nditions that may C-3 • • l:i:mit or pratDte the use of certain technolo:.Jies. 'l'echnolo:.Jies whose use is clearly precluded by site characteristics shoold be el:ilninated fran further consideration. 2. waste Q)aracteristios Identification of waste characteristics that limit the effectiveness or feasibility of teohnolo:.Jies is an inportant part of the screening process. Technolo:.Jies clearly l:i:mited by these waste characteristics should be elilninated fran consideration. waste characteristics particularly affect the feasibility of in-situ methods, direct treatment methods, and land disposal (on/off-site). J. 'l'echnolcgy Lilnitations Durin:] the soreenirq process, the level of teohnolo:.JY deVelopnent, performance record, and inherent construction, operation, and maintenance problems should be identified for each technolo;y considered. Technolo:.Jies that are unreliable, perform poorly, or are not fully demonstrated may be eliminated in the soreenin:] process. For exanple, certain treabnent methods have been developed to a point where they can be implemented in the field without extensive teohnolo:.JY transfer or develq;xnent. D. Identification of the eo=ective Measure Alternatives '!he Permittee shall develop the eo=ective Measure Alternatives based on the corrective action objectives and analysis of p:>tential corrective measure technolo:.Jies. The Permittee shall rely on engineering practice to det.ermine which of the previously identified technolo:.Jies appear m:>st suitable for the site. Technolo:.Jies can be combined to form the overall corrective action alternatives. The alternatives developed should represent a workable number of qrt:ion(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 technolo:.Jies. The Permittee shall document the reasons for excludin;J teohnolo:.Jies. II. Elll\llJATION OF 'IHE OOFIRECI'IVE MFJ\SURE l\LTERNA'I'IVES The Permittee shall describe each co=ective measure alternative that passes through the initial screening and evaluate each co=ective measure alternative and its components. The evaluation shall be based on technical, envirornnental, human health and institutional concerns. '!he Permittee shall also develop cost estimates of each co=ective measure. A. Technical /Envirornnental /Human Health/Institutional The Permittee shall provide a description of each co=ective measure alternative which includes b.l.t is no limited to the following: C-4 • • preliminary process flCJ.\1 sheets; preliminary sizirq and type of construction f= b..rildirqs and st:ruotures; and r:oogh quantities of utilities required. '!be Penrdttee shall evaluate each alternative in the four folltJ.~~irq areas: 1. Tedlnical; '!be Penrdttee shall evaluate each corrective measure alternative based on perfonnance, reliability, i:mplsmentability and safety. a. '!be Penrdttee shall evaluate perfonnance based an the effectiveness and useful life of the corrective measure: L Effectiveness shall be evaluated in terms of the ability to perfonn intended functions, such as containment, diversion, renoval, destruction, = treatment. '!be effectiveness of each corrective measure shall be determined either thr:oogh design specifications = by perfonnance evaluation. Any specific waste = site characteristics which cx:llld potentially impede effectiveness shall be considered. '!be evaluation should also consider the effectiveness of combinations of technologies; and ii. UsefUl life is defined as the length of tilne the level of desired effectiveness can be maintained. Most corrective measure technologies, with the exception of destnlction, deteriorate with tilne. Often, deteri=ation can be slowed through proper system operation and maintenance, l:ut the technology eventually may require replacement. Each corrective measure shall be evaluated in terms of the projected service lives of its COlllpOnent technologies. :Resource availability in the future life of the technology, as well as appropriateness of the technologies, must be considered in estilletirq the useful life of the project. b. '!be Permittee shall provide information on the reliability of each co=ective measure including their operation and maintenance requirements and their demonstrated reliability: L Operation and rraintenance requirements include the frequency and canplexity of necessary operation and maintenance. Technologies requiring frequent = complex operation and maintenance activities should be regarded as less reliable than technologies requiring little or straightforward operation and maintenance. '!he availability of lab= and rraterials to meet these requirements shall also be considered; and c-s ii .!nnnstrated an::i el!pSCted relial:>lty is a way of l'l'leaSUr:irg the risk an::i effect of failure. '!he Resporxient should evaluate whether the technologies have been used effectively under i!.l'lalogous c::oOOitions; whether the canbination of technologies have been used together effectively; whether failure of any one technology has an :inutediate inpact on receptors; an::i whether the corrective measure has the flexll>ility to deal with uncontrollable charges at the site. c. '!he Permittee shall describe the inplemental:>ility of each corrective measure includin;J the relative ease of installation (constructability) an::i the t.i:Jre required to achieve a given level of response: i. Constructabili ty is detennined 't1j conditions both internal an::i external to the facility conditions an::i include such items as location of ~ utilities, depth to water tal:>le, heterogeneity of subsurface materials, an::i location of the facility (i.e., remote location vs. a congested urban area). 'Ihe Permittee shall evaluate what measures can be taken to facilitate construction under these conditions. External factors which affect inplementation include the need f= special permits = agreements, equipnent availability, ani the location of suital:>le off-site treatment = disposal facilities; and ii. Time has two canponents that shall be addressed: the time it takes to inplement 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. 'Ihe Permittee shall evaluate each corrective measure alte:r:native with regard to safety. 'Ibis evaluation shall include threats to the safety of nearby CCBlll11Uilities and environments as well as those to w=kers durin;} inplementation. Factors to consider are fire, explosion, an::i exposure to hazardous substances. 2. Environmental; 'Ihe Permittee shall perform an Environmental Assessment f= each altenlative. 'Ihe Environmental Assessment shall focus on the facility conditions and pathways of contaTni.nation actually addressed by each altenlative, 'Ihe Environmental Assessment f= each alternative will include, at a minimum, an evaluation of: the short-and long-term beneficial an::i adverse effects of the response alternative; and adverse effects on environmentally sensitive areas; an::i an analysis of JOOasures to mitigate adverse effects. c-6 3. • 'Ihe Pennittee shall assess each alternative in terms of the extent to which it mitigates short-anQ lon:]-tel:m potential e>!p001lre to any residual contamination anci protects human health lxrt:h dur:in;J anci after iltplementation of the c:x:n:rective neasure. 'lbe assessment will c:lescriJ:e the concentrations anci dlaracteristics of the contaminants on-site, potential exposure routes, an:1 potentially affected population. Each alternative will be evaluated to determine the level of ~ to contaminants an:1 the reduction over tilt'e. For ~ of mitigation measures, the relative levels of eadl alternative with exist:in;J criteria, standards, or guidelines acceptable to EPA. 4. Institutional 'Ihe Pennittee 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 canmunity relations on the design, operation, and tilnin;J of each alternative. If the selected re!redy is cappirq and closure in place, a notation must be made in the lard deed. B. Cost Estimate 'Ihe Pennittee shall develop an estimate of the cost of each corrective measure alternative (and for each phase or sa;pterlt of the alternative). 'lbe cost estinate shall include lxrt:h capital am operation and maintenance costs. 1. capitol costs consist of direct (construction) and indirect (non-construction and overhead) costs. a. Direct capital costs include. i. Construction costs: Costs of materials, lalx>r (includ:in;J fringe benefits and worker's co:upensation), and equipment required to install the corrective neasure. ii. B;}uiproent costs: Costs of treatment, conta:i.nment, diSJX>Sal and/or service equipment necessary to iltplernent the action; these materials remain until the corrective action is carq:>lete; iii. Land and site-development costs: E>q:>enses associated with p.m::hase of land and development of exist:in;J property; and iv. Buildings and services costs: Costs of process and non-process b.lildings, utility connections, prrchased services, and disposal costs. c-7 • • b. Indirect capital costs include: i. :E:rgmeering expenses: Cost of administration, design, construction supervision, dra:ftin;l, and testing of =creative measure alternatives; ii. Legal fees ard license or permit costs: Administrative and technical costs necessary to obtain licenses ard permits for installation and q:Jeration; iii. start-up arrl shakedown costs: O;>sts incurred during corrective measure start-up; ard iv. Contingency allCllllai'lCeS: 1'\lnds to oover costs resulting from unforeseen circumstances, such as inadequate facility characterization. 2. ~ation arrl mainterlarlo;! costs are post-construction costs necessary to ensure continued effectiveness of a corrective measure. 'lhe Permittee shall consider the followirq q:Jeration and maintenance cost ccstp:ments: a. ~ating labor costs: Wages, salaries, train:i.rq, overhead, and fringe renefits associated with the labor needed for post-construction operations; b. Maintenance materials arrl labor costs: Costs for labor, parts, and other resources required for routine maintenance of facilities and equipnent; c. Auxiliary materials and energy: o::.sts of such items as chemicals and electricity for trea'bnent plant q:Jerations, 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, arrl disposing of waste :materials, such as treatment plant residues, generated during q:Jerations; f. Administrative costs: Costs associated with administration of corrective measure operation and :maintenance not included under other cate;lories; g. Insurance, taxes, and licensing costs: Costs of such items as liability and sudden a=ident insurance; real estate taxes on purchased land or right-of-way; licensing fees for certain technol09ies; and ~t renewal arrl reporting costs; c-s h. i. Ma~ reserve an::! contin;Jency £: Annual paynent:s into esorcM funds to oove:r (1) costs of anticipated replacement or rel:cildirq of equi.ptent ani (2) arry large unanticipated operation and maintenanoe costs; ani Other CX>Sts: Items that do not fit arry of the IIOOve categories. III. JUSI'IFICATigll AND RfXXM.IENDATION OF 'lllE CORRFX:l'lVE MFASURE OR MFASUBES 'Ihe Permittee shall justify aro r~ a corrective measure alternative using technical, human health, an::! environmental criteria. '!his recanmen:iation shall include mmvnary tables lmich allow the altenla.tive or alternatives to be understood easily. Trade-offs 8llCI'r;J health risks, environmental effects, an::! other pertinent factors shall be highlighted. 'Ihe Department will select the =rrective measure alternative or alternatives to be implenalted based on the results obtained tram 'WOrk completed under Section II an::! III. At a lllinill1lln, the following criteria will be used to justify the final =rrective measure or measur-es"' A. Teqhnical 1. Performance -corrective measure or measures 'Which are most effective at perform:in;J their intended fUnctions an::! maintaining the perto:nnance over extended periods of time will be given preference; 2. Reliability -corrective measure or measures 'Which do not require frequent or complex operation and mai.ntenanoe activities and that have proved effective under waste an::! facility =n:litions similar to those anticipated will be given preference; 3. I:mplementability -=rrective measure or measures which can be =nstructed and or;erated to reduce levels of oontamination to attain or exceed applicable standards in the shortest period of time will be preferred; an::! 4. Safety -corrective :measure or measures which pose the least threat to the safety of nearby residents an::! env:irorumnts as ~Nell as workers during implementation will be preferred. B. HUman Health, 'Ihe =rrective measure(s) lllllSt comply with existing u.s. EPA =iteria, standards, or guidelines for the protection of hi.U!Wl health. Corrective measures which provide the m:in:irrrum level of ruq:>OSUre to contaminants an::! the maximum reduction in eJqX>SUre with time are preferred. c-9 • • c. &lyironmental 'Ihe cxn:rective nea.sure(s) posirq the least adverse impact (or greatest iltprcJI.'elml)t) <JVeJ: the shortest period of time on the environment will be favored. rv. REKIRl'S 'Ihe Permittee shall p '1are a corrective Measure study Rep::>rt presentin;J the results obtained ·._--.dO Sections I through III and~ a rmza..-tive nea.sure alternative. Copies of the preliminary lepaLL shall be provided by the Permittee to the Department for review and awrova.J.. A. ~ 'Ihe Rep::>rt 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 =-rective measure(s) and rationale for selection; b. Perfonnance elq)ectations; c. Preliminary design =iteria and rationale; d. General operation and maintenance requirements; and e. I.orq-tenn roonitorirq requirelOOI'lts. 3. A summary of the RCRA Facility Investigation and ilrpact on the selected corrective measure or measures; a. Field studies (gzound water, surface water, soil, air); and b. laboratory studies (bench scale, pick scale). 4. Design and IIrqJlementation Precautions; a. special technical problems; b. Additional engineerirq data required; c-10 • • c. Permits and regulatory requj.remmts; d. Access, easements, right-of-way; e. Health and safety requirements; and f. CCHnmunity relations activities. 5. Cost Estimates and Schedules; a. Capitol cost estimate; b. Operation and naintenance cost estimate; and c. Project schedule design, construction, and operation). D:lpies of the draft shall be provided by the Permittee to the Department. B. fiool '!he Permittee shall finalize the eo=ective Measure study Report inc::ox;porat:ing conunents received from the Depar'bM!nt on the Draft CoJ:::<ective Measure study Report. '!he report shall becaue final upon awroval by the Department. c. Pl.lblic Review and Final Selection of Con-ective Measures Upon receipt, " the Final eo=ective Measure study Report, EPA shall annoonce its~ilability to the public for review and canrrent. At the end of the carurent pericd., the Deparbrwent shall review the canments and then infonn the Permittee of the final decision as to the a:wroved eo=ective Measures to be ilnplemented. e-n • APPENDIX D SCHEDULEOFW>IPLIANCE D-1 • • APPENDIX D SQiED!.lLE OF CJ:li!PLIANCE Schedule of Cclrplianoe Due Date Notification of Newly Within fifteen (15) calendar Identified SWMUs am AOCs days of discovery Cl:>ndition VII.C.l am Cl:>ndi tion VII. C. 2 • SWMlJ Assessment Report Within ninety (90) caleroar Cl:>ndition VII. c. 3 • days of notification Notification for Newly Within fifteen (15) calerxiar Discovered Releases at Previously days of discovery Identified SWMUs and AOCs Cl:>ndi tion VII. D. 1. Confinnatory saJ:nplln1 Workplan Within forcy-five (45) calen:lar days for ru-ms identified in after effective date of permit Apperrlix A Condition VII.E.l. Confirmatory samplin;J Report within sixty (60) caleroar Condition VIr.E.4. days after awroval of the cs Workplan RFI Workplan for SWMU(s) Identified Within ninety (90) calendar days Apperrlix A of notification by l:lepartmant Condition VII. F .1. a. date of permit RFI Workplan for SWMU(s) and AOC(s) Within ninety {90) calerxiar days Identified un:l.er Corrlition VII.C.4., after receipt of notification Condition VII.D.2., and by the Department which Sl'lMUs or Condition VII.E.S. AOCs require and. RFI Condition VII.F.l.b. RFI Prcqress Reports Quarterly, begi.nnil'Y;J ninety (90) COndition VII.F.3.a. calendar days fran the start date specified by the Department * Draft RFI Report In accordance with the approved COndition VII.F.J.b. RFI Workplan Final RFI Report Within thirty (30) calendar days Condition VII.F.J.b. after receipt of the Department's COll'Uml'lts on the Draft RFI Report Interim Measures Plan Within thirty (30) calendar days Condition VII.G.l.a. of notification by the Oeparbnent D-2 • • Due Date :rnteriln Measures Progress Reports Quarterly, beginrrln;J ninety (90) ccnlltian VII.G.3.a. calendar days fran start date specified by the Deparbnent ** :rnteriln Measure Report Within ninety (90) calendar days ccnlltian VII.G.3.b. of coupletian of interim measures CXS Plan Within ninety (90) calendar days ccnlltian VII.H.l.a of notification by the Department that a CXS is need'Sd Draft CMS Report Within ninety (90) calen::lar days Oonditian VII.H.3.a. of the Deparbnent 1 s approval of CMS Plan Final CXS Report Within thirty (30) calendar days Oonditian VII.H. 3 .a. of Deparbnent 1 s catatellts an dra:ft CMS Report Dem:mstratian of Financial Within one hun:lred and twenty (120) Assurance calerrlar days after permit Oondi tian VII. r. 3. nmification for remedy Imminent Hazard Report Oral within 24 hours; Condition VII.K,l. and VII.K.2, Written within fifteen (15) calerrlar days of the time the Permittee becomes aware of the circumstances Waste Minimization certification Annually from effective date Oondi tion VIII. of permit ihe arove reports nrust be signed and certified in accordance with 40 CFR 270.11 as adopted by 15A NCAC 13A , 0013. 'lhis applies to Workplan execution that requires =re than one hundred and eighty (180) calendar days. ** 'lhis applies to Workplan execution that requires =re than one year. D-3 APPENDIX E M:OIFICATION OF niE CDRREl:TIVE ACI'ION sam:m..E OF cx:MPLIANCE E-1