NCD003162542_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 [phone].
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 [phone].
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
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• • 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:
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• • 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
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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.
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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.
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• • 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;
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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.
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• • 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;
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• • 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.
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•
APPENDIX D
SCHEDULEOFW>IPLIANCE
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•
• 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
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• • 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.
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APPENDIX E
M:OIFICATION OF niE CDRREl:TIVE ACI'ION sam:m..E OF cx:MPLIANCE
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