Thursday
 February 5, 1981
Part
lo¥iro;mne;rital

Protection

Hazardous Waste Management System;
Standards Applicable .to Owners and
Operators of Treatmerst, Storage, and
Disposal Faeilitiesrand Permit Program

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11128
               Federal Register /
'.February 5,1981 / Proposed Rules
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ENVIRONMENTAL PROTECTION
AGENCY

40 CFR Parts 122,260 and 264
{SWH-FRL 1724-81

Hazardous Waste Management
System; Standards Applicable to
Owners and Operators of Hazardous
Waste Treatment, Storage and
Disposal Facilities and EPA
Administered Permit Programs
AGENCY: Environmental Protection
Agency.
ACTION: Reproposal of Proposed Rule
and Proposed Amendments to Rule.

SUMMARY: EPA is required by the
Resource Conservation and Recovery
Act (RCRA) to issue standards
applicable to owners and operators of
hazardous waste management facilities.
These standards are to be used in
 Issuing permits for facilities used to
 store, treat, or dispose of hazardous
 waste. EPA has issued many of its
 permitting standards, but has not yet
 promulgated permitting standards for
 land disposal facilities. It has proposed
 such standards and has subsequently
 published a supplemental notice of
 proposed rulemaking. Based on its own
 analysis and review of public comments
 received on these previous rulemaking
 proposals, EPA has reached a
 conclusion about the type and form of
 land disposal facility permitting
 standards that are necessary but
 believes these standards need to be
 rcproposed.               ,
   Therefore, EPA Is today reproposmg
 permitting standards applicable to
 owners and operators of hazardous
 waste land disposal facilities, and is
 proposing companion informational and
 procedural requirements for permit
 applications and other related rules.
 DATES: Comments are due on or before
 (180 days after publication). Four public
 hearings, one in Washington, D.C. and
 one In each of three other major cities,
 will be held during June 1981. A notice
 giving the date, time, place and other
 particulars will be published in the
  Federal Register 90 days prior to the First
  of these hearings.
    Comments are also due on certain
  related draft Technical Resource
  Documents on or before, [90 days after  •
  publication] In accordance with the
  announced availability of these
  documents in 45 FR 82964-82985,
  December 17, I960,
  ADDRESSES: Comments should be
  addressed to Deborah Villari, Docket
  Clerk, Office of Solid Waste (WH-562).
  U.S. Environmental Protection Agency,
                                       401 M Street SW., Washington, D.C.
                                       20460, Telephone (202) 755-9173.
                                         Comments on today's proposed rule
                                       should identify the regulatory docket as
                                       follows: "Section 3004 Permitting
                                       Standards for Land Disposal Facilities."
                                       Comments on the Technical Resource
                                       Documents should be submitted
                                       separately and should identify the
                                       document title.
                                         The public docket for this rulemaking
                                       is available at Room 2711B, U.S.
                                       Environmental Protection Agency, 401 M
                                       Street SW., Washington, D.C.  20460 and
                                       is available for reviewing from 9:00 a.m.
                                       to 4:00 p.m., Monday through Friday,
                                       excluding holidays.                ,
                                       FOR FURTHER INFORMATION CONTACT:
                                       Robert B. Taylor, Acting Branch Chief,
                                       Land Disposal Branch, Office  of Solid
                                       Waste [WH-564], U.S. Environmental
                                       Protection Agency, 401 M Street SW.,
                                       Washington, D.C. 20460, Telephone (202)
                                       755-9120.                   .   .
                                        SUPPLEMENTARY INFORMATION:

                                        I. Authority
                                          These regulations are issued under the
                                        authority of Sections 1006, 2002(a), 3001
                                        through 3007,  3010, and 7004 of the Solid
                                        Waste Disposal Act, as amended by the
                                        Resource Conservation and Recovery
                                        Act of 1976, as amended, 42 U.S.C. 6901
                                        et seq., sections 6905, 6912(a), 6924, and
                                        6925; and, with respect to "well
                                        injection," under the authority of
                                        Sections 1421,1422,1423,  and 1424 of the
                                        Safe Drinking Water Act, as amended
                                        by the Safe Drinking Water Act
                                        Amendments of 1977, 42 U.S.C. 300f et
                                        seq. sections  300h, 300h-l, 300h-2 and
                                        300h-3.             '
                                        II. Introduction
                                           Under Subtitle C of the Resource
                                         Conservation and Recovery Act
                                         (RCRA). as amended, EPA is required to
                                         issue regulations setting forth a
                                         complete "cradle-to-grave" system for
                                         the management of hazardous waste.
                                         These regulations must include (1) a
                                         regulation to identify hazardous wastes
                                         that are to be regulated, (2) standards
                                         applicable to generators  and
                                         transporters of hazardous waste, (3)
                                         standards applicable to. owners and
                                         operators  of hazardous waste treatment,
                                       .  storage and disposal facilities, (4)
                                         regulations governing the issuance of
                                         permits to owners and operators of
                                         hazardous waste treatment, storage and
                                         disposal facilities, and (5) guidelines  j,
                                         governing the authorizing of States to
                                         implement and enforce a State
                                         hazardous waste management program
                                         in lieu of the Federal program. Because
                                         of the enormity and complexity of this
                                         task, EPA has elected to issue these
                regulations in phases (see 45 FR 33086
                and 45 FR 33156, May 19,1980). On
                February 26,1980, EPA promulgated
                standards for generators and
                transporters of hazardous wastes in 40
                CFR Parts 262 and 263. These standards
                were re-published with technical
                amendments on May 19,1980 (see 45 FR
                33140-33152). On May 19,1980, EPA
                promulgated several regulations: a
                general regulation relating to the several
                regulations herein discussed (40 CFR
                Part 260), a regulation identifying
                hazardous waste (40 CFR Part 261);,
                regulations governing the issuance of
                permits and the authorization of States -
                to implement a hazardous waste
                program (40 CFR Parts 122 through 124);
                 interim status standards applicable to
                 owners and operators of "existing"
                 hazardous waste treatment, storage and
                 disposal facilities (40 CFR Part 265); and
                 administrative, non-technical standards
                 that are to be used in issuing permits to
                 owners and operators of treatment,
                 •storage and disposal facilities (40 CFR
                 Part 264)—see 45 FR 33066-33588.
                 Together with the February 26, I960,
                 regulations, these regulations
                 constituted "Phase I" of EPA's phased
                 development of RCRA Subtitle C
                 regulations. Several proposed
                 amendments .were also published on
                 May 19,1980 and a number of final,
                 interim final and proposed amendments
                 to the above  cited regulations have been
                 promulgated or published since May 19,
                 1980.   '
                    The Phase I regulations promulgated
                 on February 26 and May 19,1980
                 became effective on November 19,1980
                  and put into operation major elements of
                  the hazardous waste management
                  system authorized and mandated by
                  Subtitle C of RCRA. Among other things,
                  on and since November 19,1980,
                  generators have been required to'
                  identify the hazardous wastes that they
                  produce and to comply with specified
                  requirements, particularly with respect
                  to hazardous wastes that they ship off-
                  site for treatment, storage or disposal;
                  transporters have been required to meet
                  specified requirements pertaining to the
                  off-site shipment of hazardous wastes;
                  and  owners and operators of "existing"
                  hazardous waste treatment, storage and
                  disposal facilities have been required to
                  comply with the interim  status.
                  standards of Part 265. In addition, the
                  process of authorizing States to
                  implement Phase I hazardous waste
                  programs—-programs covering those
                  activities governed by the February 26
                  and May 19 regulations—has been
                  initiated and has already resulted in
                ; several interim authorizations and
                  substantial progress toward many more-.

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                  Federal Register / .Vol. 46, No.  24 / Thursday, February 5, 1981 / Proposed Rules
                                                                         11127
     The principal standards missing in the
   May 19,1980 regulations were the
   technical standards in Part 264 to be  -  •
   used in issuing permits to .hazardous
   waste management facilities.and the
   companion requirements in Part 12,2     :
   pertaining to Part B permit applications.
   In the preamble to the Part 264 and 265
   standards promulgated on May 19,1980
,   (see 45 ER 33156), the Agency indicated
   that; these "Phase II" standards would
   be promulgated by  the end of 1980.
   Toward this commitment, EPA  "
   promulgated a portion of these Phase II
   standards on January 12,1981 {see 46 PR
   2802-2892). That promulgation included
   additional general facility standards
   (principally location standards) in
   Subpart B of Part 264; closure and post-
   closure standards in SubpartG;
   financial responsibility standards in
.   Subpart H; permitting standards for
   storing hazardous wastes in containers
   in Subpart I; and permitting standards
   for storing or treating hazardous wastes '
   in tanks, surface impoundments, and
   waste piles in SubpartsJ, K and L-In
 .  addition, conforming changes to Part
   122, principally the related information
   requirements for-Part B perjnit
   applications, were promulgated at that
   publication. EPA Has also promulgated .
   permitting standards for incinerators in
   Subpart O of Part 264 and related Part B
   permit application requirements in Part
   122 (it also has proposed additional
  rules for incinerators). '    '      ••-•••
    The effect of issuing these two sets of
  permitting standards is to supply jnajor
  elements missing from the May 19,1980
 ' regulations and to enable EPA to begin
  processing permits for facilities or
  portions-of facilities that store
  hazardous wastes in containers; teeat or
  store hazardous wastes in tanks, surface
  impoundments or piles or treat
  hazardous wastes in incinerators. This
  leaves standards for land disposal
  facilities—surface impoundments and
 "waste piles which  dispose of hazardous
 wastes in lieu .of .or in .addition to storing
 or treating of such wastes {Subparis K
 and L), land treatment facilities (Subpart
 M), landfills (Subpart N), underground  '
 injection facilities {Subpart R), and
 underground seepage facilities {Subpart
 S)—toge.ther with ground "water
 monitoring standards for land disposal
 facilities (Subpart F) and related land --',-"
 disposal standards in Sufoparts B and T
 as the principal parts of Part 264 that
 remain to be promulgated,5 As
   'Also, permUlingstandardsfer .chemical,.: -
 physical.and tbiokjgicallreatmeni and for thermal
 treatment (other than incineration}.need to be
 promulgated, but Issuance oTpemrits to these
 facilities -.
  the promulgation >of standards on and . .
  since January 12, .1981, EPA will be able
  to proceed with €he issuance of permits
  for storage, incineration and other
  treatment fsicilities or portions thereof).
  Moreover, because EPA's Part 122     ''.-'"
  regulations prohibit construction arid
  operation of new hazardous waste land
  disposal facilities -without a permit, fliis
  would prevent M&W hazardous waste
  land disposal facilities from being built
  for at leastifl months.3 To deal  with .this
  problem, EPA will soon promulgate
  temporary permitting standards for new
  land disposal facilities which essentially
 will  allow permitting of such f aeilities to
 proceed until permanent standards can
 be promulgated and can take effect,.".";'  ."
   With jespect to existing land disposal  •
 facilities, EPA will have to await final or
 interim finalfiuies to proceed with
 permitting. However, the mterim status
 standards of Part 265 will apply to ;these
 facilities and, in many .cases, more
 stringent State .standards; including
 standards -for issuing State permits, will
 apply. Additionally, where any existing
 facility is causing an imminent and
 substantial hazard, the Agency will foe"
 able  to take iippropriate .enforcement or
 clean-np action under other authorities
 including Section.7003 of RGRA and Qie>.
.recently enacted  "Superfund" statute,
 HI. The Problem Being Addressed
   Land disposal of hazardous waste   -
 constitutes placement of hazardous
  2 A recent anKsndmeni to fiart 122 relaxed the  '
 prohibition of ihe construction, without a permit, or
 new hazardous waiste management facilities oflier
 than land disposal facilities—see 46 Hi 2344,
 January 9,. 1981 j :;.   '.,  :     ; ,,

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11128
Federal Register / Vol. 46. No.  24 / Thursday, February  5. 1981  / Proposed
constituents in or on the land where
they are Intended to remain forever.8 As
atteh, hazardous waste land disposal
constitutes deliberate and direct
placement of hazardous waste in the
environment (e.g.. in a landfill, a surface
Impoundment or a land treatment
facility), albeit in a confined segment of
the environment. This presents two
problems: [1) The waste and its
hazardous constituents may remain
hazardous for a long period of time (up
to hundreds of years) and, in some
cases, forever {e.g.,  toxic heavy metal
constituents) and (2) the waste or its
constituents and byproducts may
migrate from the confines of the land
disposal facility Into the broader
environment.
   Many hazardous  wastes placed in
lund disposal facilities will not degrade
to a point whore they are no longer
hsssnrdous. or will do so only very
slowly. Toxic heavy metals, for
example, will not degrade; although, in
certain cases, their ionic state may be
altered to make them more or less toxic
 (e,g., converting the hexavalent form of
 chromium to the trivalent). Toxic
 organic constituents may degrade in the
 anaerobic condition of a landfill, but this
 degradation is  usually slow (taking
 anywhere from a few years to 100 years
 or more) and may not be complete,
 leaving toxic degradation products.
 Moreover, current scientific knowledge
 about the degradation of hazardous
 wastes placed In land disposal facilities
 fs Imperfect. For these two reasons, it is
 necessary to assume, at this time at
 least, thai hazardous wastes and
 htturdoiMi constituents placed in a land
 disposal facility wiU remain hazardous
 for very long periods of time and
 therefore will remain a potential hazard
 to human health and the environment
 for very long periods of time.
   Thtre is good theoretical and
 empirical evidence that the hazardous
 constituents which are placed in land
 disposal facilities very likely will
 migrate from the facility into the broader
 environment. This may occur several
 years, even many decades, after
  placement of the waste in the facility,
  but data and scientific prediction
  indicate that,  in most cases, even with
  the application of best available land
  disposal technology, it will occur
  eventually.
    Natural water, from precipitation or
  from other sources to.g., groundwater)
  will Inevitably infiltrate into the facility
  unless a water-Ught containment system
    'PlMMmurt of wdi w«»le Into or on Use land for
  it ftallt podod with talent to remove it for
  subsequent storage, treatment or disposal would be
  emttdttod and wgal«tod «« hazardous waste
                         (e.g., landfill cover) is constructed and
                         perpetually maintained to prevent such
                         intrusion. In addition, there inevitably
                         will be liquids within the wastes placed
                         in the facility (this is particularly true for
                         surface impoundments but also will be
                         true for landfill even with the
                         prohibition of disposal of bulk and
                         containerized liquid wastes). Once in
                         the facility, such water or liquid
                         generates leachate, principally by
                         solubilizing hazardous constituents in
                         the waste.  Such leachate inevitably
                         leaks out of the facility and migrates
                         into the underlying soils and
                         groundwater, unless a containment
                         system (e.g., a landfill or surface
                         impoundment liner and/or leachate
                         collection system) is constructed arid
                         perpetually maintained. This process of
                         natural water infiltration or liquid
                         inclusion, leachate generation and
                         leachate migration into the environment
                         results in the discharge of hazardous
                         constituents into the broader
                         environment.       •           .    *
                            Although it is technically possible to
                         design and construct a land disposal
                         containment system consisting of an
                         impermeable liner and cover and a
                         leachate collection system to interrupt
                         this process; EPA seriously questioned
                          whether such systems can be
                          maintained and made to operate
                          effectively and efficiently for long
                          periods  of time,-or perpetually where
                          this is required. Natural materials such
                          as very low permeability clay soils that
                          might be used for liners or covers are
                          not impermeable. They possess  some
                          degree of  premeability that allows
                          infiltrating water or exfiltrating  leachate
                          to slowly  but inevitably migrate through
                          the material, Manmade impermeable
                          materials  that might be used for liners or
                          covers (e.g., membrane liners or other
                          materials) are subject to eventual
                          deterioration, and although this might
                          not occur for 10, 20 or more years, it
                          eventually occurs and, when it does,
                          leachate will migrate out of the  facility.
                          Additionally, these manmade
                          impervious materials are subject to
                          physical rupture during both placement
                          and operation. When ruptured,  they
                          obviously allow leakage of leachate.
                          Finally, leachate collection systems
                          have some collection efficiency less
                           than 100 percent even when newly  .
                           constructed and, over time, may lose
                           efficiency by plugging and deterioration.
                           More important, however, to be
                           effective, they must be maintained and
                           operated and the leachate collected
                           must be treated or otherwise managed
                           as a hazardous waste. If leachate is
                           produced for a long period of time,' then
                           the leachate collection and management
system must be operated ior a long
period of time. Therefore, where
leachate collection is an essential part
of a land disposal containment system,
then long-term maintenance and
operation of the' collection system and
long-term management pf the leachate
collected is imperative.
  As discussed, man's ability to prevent
generation and containment of leachate
has technical limitations. However,
perhaps the more important limitations
are institutional limitations. Given that
hazardous wastes and hazardous
constituents may not degrade or may
only degrade slowly—an.assumption
that must be made in most cases—their
potential to generate hazardous leachate
continues for very long periods of time.
Given further that the technical
wherewithal to prevent leachate  •
generation and contain and treat any
leachate that is generated depends more
on maintenance and operation of
containment and treatment systems
than on the satisfeictory design and
construction of such systems,, the
institutional arrangements  for long-term
maintenance and operation of such
 systems become extremely important.
There is considerable doubt about
 whether the owners and operators of
 land disposal facilities can provide the
 long-term maintenance and operation of
 containment systems required to control
 leachate generation and migration and
 confine hazardous wastes  and
 hazardous constituents to the confines
 of the land disposal facility. The
 requirements of Subparts G in both
 Parts 264 and 265, require post-closure
 care and maintenance of land disposal
 facilities for at least 30 years. Although,
. the regulations allow EPA to require
 post-closure care and maintenance
 required for periods greater than 30
 years where necessary to protect human
 health and the environment, there will
 clearly be some finite limit to the
 extended time periods that can
 reasonably and practicably be required
 and complied with. If 30 years or some
 longer required time'period is not
 sufficiently long to exceed the potential
 for leachate generation and migration,
 then only two options are  available:
 providing for some public  body or other
 institutional mechanism to assume
 responsibility for continuing post-
 closure care and maintenance; or
 predicting and expecting control of
 leachate generation and containment for
  only a finite period and basing the
  issuance of land disposal  permits on the
  eventual cessation of post-closure care
  and maintenance and the inevitable
  migration of leachate from the facility  ^
  into the broader environment. At the

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                                          •.-
                                     .5. Ig8l /Proposed .Rules
                                                                                                                1112S
  present time, Jew, if any, institutional
  mechanisms exist for public assumption
  of post closure care. Thus, EPA believes
  that the problem of inevitable leachate
  generation and migration and
  concommitant finite ability to       -
  technically and institutionally prevent
  or control such leachate generation and ,
  migration should be squarely faced and
•  de,alt with in ihe development of land
  disposalstandards.         -•'  •
   The potential for leachate generation  ,
'  and migration into the broader
  environment is not sthe only long-term
  problem associated with the land
  disposal of hazardous wastes. Migration
  of volatile hazardous constituents out of
  the land disposal facility and into, the
  atmosphere .also is possible in many
  cases (e.g.', the migration of volatile
  carcinogenic constituents into the,
  basements.of homes in the Love Canal.
  area). Generation and migration of toxic
  or explosive gases fe.g:; methane from
  the anaerobic bipdegradation of organic
 wastes) over a long period of time also
 can be a problem. Land disposal 'of
 ignitable or reactive wastes which have
 not-been pretreated can present a long-
 term fire or'explosion potential, unless
 or until such wastes degrade into non-
 ignitable or non-reactive forms or are .
 otherwise .rendered Jion-ignitable or    '.
 non-reactive iby leadiing or other
 actions. Finally, fhe mere existence .of
 hazardous wastes and Hazardous
 constituents in or on the land can pose a
 long-term hazard in the event that future
 land-use activities serve to expose these
 hazardous wastes where human? can
 come into direct and harmful contact
 with them (as occurred also at Love
 Canal) or where they are even more   •
 readily transported into the "broader
 environment. As with leachale-
 generation and migration, man's ability
 to technically and institutionally
 manage and. control these long-term
 problems is limited.              ••'.-.
  As discussed, the essence of the   -',.-,
 problems faced in the regulation of the
 land disposal of hazardous waste, is  the
 inevitable Icing-term potential for the
 wastes or their hazardous constilutents
 to leak out of flie facility.If it were
 technically and institutionally possible
 to contain wastes and their constituents  '
in land disposal facilities forever or until
 degradation mechanisms rendered them
non-hazardous,, then the problem of
regulating such land disposal would be
comparatively simple and straight
forward. It would entail development of
reasonably specific (but flexible) design
and operating standards or,
alternatively, containment performance
standards specifying total containment
of hazardous wastes and their
 constituentswithin the land.disposal
 facility forever or until.degradatiQn  '.
 mechanisms rendered themnon-' •''.-.. .
 hazardous, as the case may be.
 Unfortunately, at the present,time, it is'
 not technologically and institutionally.
 possible to contain wastes and
 constituents forever or for Ae long time
 periods that may be necessary to allow
 adequate degradation to be achievedj   .
 Moreover, if degradation of the
 hazardousness of waste, does,,in fact,
 occur, ciirrent state-oi-icnpwledge does
 not know what the degradation periods
 are for most, if not all, hazardous wastes
 and, therefore, does not 3cnow what
 containment time periods to specify.
 Consequently, the regulation of
•hazardous waste land disposal must
 proceed from fee assumption that
" migration of hazardous wastes and their
 constituents and by-products from a
 land disposal facility will inevitably ,
 occur.

 IV. Alternative Standards Considered
   As discussed in the October 8i 1980,
 Supplemental Notice of Proposed
 Rulemaking (see  45 FR 66816-668233,
 EPA considered Sour fundamentally
 different alternative land disposal
 standards: p.) Facility design and   •.
 operating standards, {2j) containment
 standards, £3) specific {numerical] health
 and environmental 'performance    ,. '
 standards, and J4J non-specific Jnon-
 numerical) health •and'envirorimental  .,.
 performance standards. These same four
 alternative standards,, together with the
 public comments jeceivad on them [as
 invited by the October 1980 notice) were
 considered in developing today's      :
 proposed itde. Also considered were the
 proposed land disposal standards of
 December 18,1978, and the public
.comments received on those proposed
 standards.

A. Facility Design and'Operating       :
Standards
  The land disposal standards proposed
 on December 18,1978 ,(see §§ 250.45-2,"
250.45-3 and 250.45-5 at 43 FR 59006-
59014) were basically design and
operating standards (however,
 § § 250.42-1, 250.42-2 and 250.42--3 of the
proposed rule, which provided
overriding standards to.be used where
they were deemed necessary by the
permit writer, were basically inon-,
specific health and environmental
performance standards). By specifying,
for example, detailed requirements for
liners, leacnate -collection systems and
final covers for landfills, these design
and operating standards implicitly
specified a containment system capable
of minimizing leachate generation and
containing any leachate generated for a
  finite ,ti!rili2.period.As.pointed,out in-the
  Pctober.l98p notice, a major advantage '
  of these standards or ones like themis
  that they give the regulated community
  and the regulating agencies a clear idea
  of what isLrequired of Hazardous waste
  land disposal facilities. This advantage,
  however, carries with it a major
  drawback:^ such standards tend to be
  rigid and^inflexible making it difficult to
  construct facilities to mee.t site-specific,
  waste-specific conditions. They also
  tend to. inljiibit application of emerging
  technology or more efficient but equally
  effective designs or operating
  proceduMis. This inflexibility was
  criticized iby many of the commenters on
  the December 1978 proposed rule.
    However, the more important negative
 ;,feature of design and operating  -.--
  standards, which are based on
  containment,- such as those proposed, is
  that they jbnly guarantee human "health
  •and environmental protection for a finite
  time period. Whereas this may be       -
  sufficient for someihazardous wastes, it
  may not be sufficient for many others
  and may only serve to defer the day
  when contaminated, leachate migrates
  from the facilities or when any of the
  other environmental consequences of
  land disposal occur. In light of the
  discussion presented in Section HI,
  above, EPA believes fliat, as basic
  standards,, design and operating'
  standards (cannot assure health and
  environmental protection In perpfituity,
  Consequejifly., the Agency is not today
  proposing 01 jeproposiag design and
  operaMiig iStandards as the basic
  standards for land disposal facilities. 3t ..
  is, however, proposing certain design
  and, partitsularly, certain operating .
  standards in Subparts P, '|C, L, M, N, R, $
  an4 T of P.ar,t 264. Hiese standards,
  whidh are discussed later hi this
  preamble, are those Ihat .the. Agency
  believes are .necessary under any set 
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11130
              FederalRegister   Vol.46. No.
utltmite effect to the proposed design
and operating standards—both would
require containment for a finite period of
time—theso containment standards
were different in that they would have
specified the ultimate performance to be
achieved rather than specific facility
designs and operating procedures. Thus,
the permit applicant would have had the
flexibility of selecting and tailoring the
design of his facility and his operating
methods of site-specific and waste-
apedfic conditions and, therefore, would
not be lied to rigid design and operating
standards.
  As explained in the October 1980
notice, two types of containment
standards were considered [see 45 FR
60817-60818). The essential element of
both types of standards, however, was
that they were based on achieving
containment of hazardous wastes and
hazardous constituents within a
confined area for a finite time. Like
design and operating standards they
provided human health and
environmental protection for a finite
time period but did not guarantee
protection beyond that time period. The
Agency found this lack of protection
beyond a specified containment period
to be a serious problem with
containment standards and, therefore, is
not  today re-proposing such standards.
C Smcific Health and Environmental
Pfofoaaattci Standards
  The Agency considered the very
different alternative, as compared to
 those described above, of specific health
and environmental standards. As
 described in the October 1980 notice,
 this approach involved establishing
 specific, often numerical ambient quality
 standards for ground and surface waters
 and eventually for other parts of the
 environment (e.g., air and soils) which
 could not be exceeded as a result of
 hazardous waste or hazardous
 constitutents which migrate out of the
 land disposal facility. Such standards
 would apply at points of current or
 potential environmental use (e.g.,
 currant or potential points of ground
 water withdrawal for various uses).
 These standards would allow the permit
 applicant wide flexibility in designing
 and operating a land disposal facility,
 provided only that he could meet the
 ambient standards specified.
   These standards would protect human
 health and the environment by clearly
 and specifically defining what ambient
 quality levels constitute health and
 environmental protection. Application of
 these standards would require a
 considerable amount of site study and
 prediction by the permit applicant to
 demonstrate that the migration of
                                        hazardous waste and hazardous
                                        constituents into the environment would
                                        never cause" the establishment ambient
                                        standards to be exceeded. This would,
                                        for example, require the permit
                                        applicant to assess and predict the
                                        amount and quality of leachate
                                        generated in the land disposal facility,
                                        the migration, dispersion and
                                        attenuation of the leachate after it
                                        leaves the facility and moves into and
                                        through the environment; and the
                                        concentrations and types of
                                        contaminants that would occur at actual
                                        and potential points of use of ground
                                        waters and hydraulically-connected
                                        surface waters. This study would be far
                                        more detailed and extensive than than
                                        that necessary to show compliance with
                                        design and operating standards or
                                        containment standards, but the results
                                        would be much more valuable and
                                        positive from an environmental
                                        protection standpoint because they
                                        would show, within the accuracy of
                                        prediction, what are the future health
                                        and environmental effects of the facility
                                        and whether or not they are effects that
                                        can be accepted (i.e., whether or not the
                                        ambient standards will be met).
                                          Although this specificity makes this
                                        alternative very attractive, ambient
                                        quality standards have not yet been
                                        established for most of the hazardous
                                        constituents regulated by EPA's
                                        hazardous waste management
                                        regulations (see Appendix VIII of Part
                                        261 at 45 FR 33132-33133 and
                                        amendments thereto at 45 FR 47834, 45
                                        FR 74889 and 45 FR 78544 for the current
                                        list of these constituents). Consequently,
                                        the Agency is not able, at this time, to
                                        exclusively use this approach to assure
                                        adequate health and environmental
                                        protection. However, it is possible to
                                        employ this approach where ambient
                                        standards or criteria are available and,
                                        therefore, today's proposed standards
                                        (see those standards proposed for
                                        Subpart B of Part 264) incorporate
                                        specific health and environmental
                                        performance standards with respect to
                                        hazardous constituents for which the
                                        Agency has or can establish ambient
                                         quality standards. With respect to other
                                        hazardous constituents, non-specific
                                        health and environmental performance
                                         standards are being proposed.
                                         D. Non-Specific Health and
                                         Environmental Performance Standards
                                           The fourth and final alternative
                                         standards considered were non-specific
                                         health and environmental performance
                                         standards. As described in the October
                                         1980 notice,  these standards set forth
                                         both (1) the type of assessments and
                                         predictions that a permit applicant
                                         would have to perform to show the
environmental effects of his land
disposal facility and (2) the broad
environmental objectives that would be
used in the permit issuance process to
judge the acceptability of these effects."
With respect to the assessments,
predictions and demonstrations that the
permit applicant would have  to perform,
these standards are not different from
the specific health and environmental
standards discussed above. They do
differ, however, in that broad narrative
environmental objectives (e.g.,  the '
concentration of contaminants  will not
adversely effect human health or the
environment) substitute for ambient  -
quality levels as the bases for judging
the acceptability of the environmental
effects caused by a land disposal
facility.                      ,
V. Consideration of Comments and
Development of Today's Proposed^Rule

A. Consideration  of Comments
  Commenters on the December 1978
proposed design and operating
standards for land disposal facilities (as
well as other types of facilities)
criticized the rigidity and inflexibility of
these standards. They argued that such
requirements were incapable of
accommodating the wide variety of site-
specific and waste-specific conditions
that would be .encountered in the real
world and, therefore, would  serve to
both over-regulate and under-regulate
land disposal facilities. They further
 argued that such standards could inhibit
 the use of more efficient, less costly but
 equally protective designs and operating
 procedures. Finally, they'contended that,
 such standards would stifle
 technological innovations. These same
 concerns were expressed by many
 commenters on the October 1980 notice.
 By-in-large, these commenters did not
 object to design and operating standards
 as basic standards but objected to the
 rigidity with which they were  stated' and
 the lack of variance provisions attached
 to them. Many of these commenters
 therefore suggested that a performance
 standard be incorporated within each
 design and operating standard to
• indicate  the performance objective being
 sought and to provide the basis for
 varying the design and operating
 standard to meet the peculiarities of
 site-specific or waste-specific conditions
 encountered at a particular  facility or to
 accommodate more efficient or
 innovative designs and operating
 procedures.
    EPA agrees that greater flexibility in
 design and operating standards is
 desirable in cases where the Agency can
 describe its desired goals in terms of
 specific performance objectives.'

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JFederal Register / ' Vol; 46.   °- 2  /
                           February  5, 1981 '/- Proposed' Rules
                                                                                                                 11131
  Accordingly, today's proposed
  standards in Subparts F, K, L,M, N, R, S
  and T attempt to achieve this purpose.
    Comments received on the October
  1980 Supplemental Notice of Proposed
  Rulemaking were quite varied in their/'
 . preference for and criticism of the four
  alternative types of standards presented
  in that notice. Generally, the comments
  found attributes and deficiencies hi each
  of the four approaches. When taken
  altogether,: however, no clear concensus
  was expressed on which approach was
  best. Many commenters felt that the
  fourth alternative—non-specific health
  arid environmental performance
  standards—and,-to some extent the
  third alternative—specific health and
  environmental performance standards—
  required studies, demonstrations and
  burdens of proof of permit applicants
  that were too costly and otherwise too  .
  great" to bear. These commenters tended
  to express a  preference for design and
  operating or  containment standards or
  some combination thereof, particularly
  in the short term until the States
  developed ground water use
* - designations and until EPA established
  ground wa,ter quality criteria and more
  reliable methodologies for performing
  the studies and demonstrations required -
  by the third and fourth alternatives.
  Even so, several commenters found
  merit in the third and fourth alternatives
  or in some of the elements of these  "
  alternatives,  particularly in -the sense
  that these-alternatives provided
  considerable flexibility in the design
  and operation of facilities. In summary,
  the'Agency received many useful and
  helpful comments on the October 1980
  notice, but these comments  did not
 , decidedly point toward any one of the
  four alternative standards as the
  standards that EPA should develop and
 promulgate for land disposal facilities.
    One area where there was concensus
 among the commenters on the October
 1989 notice was that the notice was '
 insufficient for proposed rulemaking
 leading to a final or interim final rule.
 They argued (1) that the notice
 presented some very different
 approaches to regulating land disposal,
 facilities than were proposed in
 December 1978, (2) specific regulatory
 requirements  were not presented in the
 notice and {3} the 30 day public
 , comment period was too short to
 provide reasonable opportunity for,
 meaningful public comment. The Agency
 agrees with these arguments and,
 therefore, as previously, stated, is today
 re-proposing its permitting standards
 and related permit application'         t
 requirements  for land disposal facilities.
    Many of the commenters on the      •
  October 1980 notice recognized that the
  third and fourth alternative standards
  depend on determining the uses of
  ground water and hydraulically-  ,
  connected surfarce water to be protected.
  In the third alternative, these uses (and
  points of use) need to be determined so
  that specific ambient quality standards
  established in EPA's regulation could be
  applied and used to judge the
  acceptability of the land disposal
  facility from the standpoint of the
  "plume" of contaminants migrating from
  the facility and reaching the points of
  water use. In the fourth alternative, the
  same process would apply except tiiat
  acceptability of the facility would be
  based on broad narrative environmental
  objectives rather than specific ambient
  quality standards applied to the,
  designated uses. The commenters
  argued that the State and local
  governments rather than the Federal
  government, were the proper authorities
  to designate uses of ground and surface .
  waters. EPA does not disagree with
  these comments and, in fact, has
  proposed such an approach in its
  Proposed Ground Water Protection
  Strategy, for which an executive
  summary and notice of public hearings
 was published in 45 FR-77514 on
 November 24,1980.
   Several commenters further
 contended, however, that the Agency
 should not proceed with either its third
. or fourth approaches until State or local
 jurisdictions have designated uses for
 their ground and surface waters. They
 argued that, to do otherwise', would
 place an unreasonable burden on land
 disposal permit applicants to determine
 and predict present and potential water
 uses and demonstrate the, correctness of
 their determinations. EPA disagrees ."
 with this recommendation. The Agency
 believes that State or local designations
 of water uses should be used by permit
 applicants as and when they are •
 adopted. It recognizes, however, that
 designation of water use by these public
 bodies may take several years to
 accomplish. It does not.believe that
 proper regulation of land disposal
 facilities should be sacrificed, or :delayed,
 until such designations are made. Unless
 or until State or local'water use
 designations are adopted, it believes
 that permit applicants and the RCRA
 permit process, with input from State    ;
 and local government agencies, must
 proceed with the best determination of
 actual and potential uses of affected
ground and surface waters that can be
 made and that permits should be • • •. •
fashioned aiid issued to  protect the     :
water use's so determined,'       .   ....-.-
                                                                    Many commenters expressed concern
                                                                  about the "presumption against any
                                                                  .degradation" delineated in the October
                                                                 . 1980 notice. These concerns ranged from
                                                                  confusion 'about what this concept
                                                                  would meian in terms of its' real-world
                                                                 , application to arguments contending
                                                                  that this presumption is not authorized
                                                                  byRCRA.:
                                                                    Put very simply, EPA proposed in the
                                                                  October 1980 notice and is proposing .
                                                                  today that the environment should not
                                                                  be degraded at any existing or potential
                                                                  point of us e unless or until the degree of
                                                                  degradation is determined or predicted;
                                                                  evaluated and found to be acceptable.
                                                                  To do otherwise, would be to blindly
                                                                  allow degradation without knowing its
                                                                -consequences. In practical application,
                                                                 with respeqt to ground and surface
                                                                 waters, this concept would mean that
                                                                 hazardous^: contaminants migrating" from
                                                                 a land disposal facility would not be
                                                                 allowed to/reach and degrade such
                                                                 waters at points of current or potential
                                                                 use unless the effects of these
                                                                 contaminants on the use of the water
                                                                 are determined, assessed and deemed
                                                                 acceptable in the permit issuance
                                                                 process. Giiven that not all points within
                                                                 ground and surface waters are used or
                                                                 potentially used, degradation of these
                                                                 points (i.e., portions of ground and
                                                                 surface waters) would not be precluded.
                                                                 In this respect, the concept is not an
                                                                 absolute non-degradation concept.
                                                                 Further, given that different ground and
                                                                 surface, water uses require different
                                                                 water quality and therefore, permit
                                                                 different degrees of degradation, this
                                                                 concept can allow degradation even at
                                                                 points of usie—provided, however, that
                                                                 such degradation does not interfere with
                                                                 the use and! is found acceptable. In this
                                                                 sense, as well, the concept also is not an
                                                                 absolute non-degradation concept.  The
                                                                 Agency recognizes that many ground
                                                                 water and surface water bodies or
                                                                 portions thereof are used at so many
                                                                 closely located poults that degradation
                                                                 of non-use points would be greatly
                                                                 limited. It further recognizes that many
                                                                 ground and surface water bodies, are
                                                                 used for purposes requiring very high
                                                                 quality (e.g., drinking water uses) so that
                                                                 acceptable degradation is quite limited.  -
                                                                 For these water bodies, the concept    :
                                                                 approaches an absolute non-     :    '
                                                                 degradation policy and properly so. EPA
                                                                contends, how.ever, that other water
                                                                bodies or portions thereof are hot so
                                                                .highly \ised or used for.high-quality-  .
                                                                demanding purpose's and therefore can
                                                                accommodate reasonable levels of
                                                                degradation..        •  ,    •
                                                                  Clearly, the Agency has shied away'
                                                                from the position of prohibiting any and
                                                                all degradation of the environment by

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11132         Federal Register  /  Vol. 46,  No. 24  /  Thursday, February 5, 1981 / Proposed_Rules_
land disposal facilities. It does not
believe that this is possible or
reasonable. Even in cases where all
feasible treatment of hazardous wastes
is accomplished, there likely will be
hazardous residuals (principally toxic
heavy metals] that inevitably will have
to be disposed of in or on the land and,
as discussed in Section III, inevitably
will migrate Into and degrade the
environment. The Agency, however, has
not shied away from prohibiting
unacceptable degradation or prohibiting
degradation before there is the
opportunity to judge its acceptability.
  Several commenters argued for design
and operating standards [including
perfbrjnance standards as discussed
above). They suggested that fhese
standards bo based on a "containment"
objective: containment of hazardous
wastes and hazardous constituents
within the land disposal facility during
Iho operating life of the facility (e.g., 20
years) and containment of hazardous
constituents within a broader area (e.g.,
the area underlying the property on
which the facility is located) for a longer
period (e.g., the 30 or more years of the
post-closure care and maintenance
period). One commenter suggested this
as an interim  or short-term approach
until State or local ground and surface
water use designations, ambient ground
water quality criteria and more
 extensive methods for making
 hydrogeological and other studies could
 be developed to more readily implement
 either or both of the third or fourth
 alternative standards. In all cases,
 however, these comments were based
 on the assumption that, if groundwater
 contamination was discovered or
 predicted to occur before or after the
 containment period, remedial measures,
 such as  interceptor wells or trenches,
 would then be required. For several
 reasons, EPA is reluctant to accept these
 recommendations (except perhaps as
 interim, transitional requirements
 applicable to existing facilities as
 discussed in Section VI). First,  as
 discussed in Section III, EPA is
 reasonably certain that hazardous
 constituents and by-products will
 migrate out of most facilities and
 migrate beyond either of the suggested
 containment  areas at some  time after
 the containment periods. Second, EPA is
 not certain that, once these hazardous
 contaminants migrate out of the facility,
 they can be readily and effectively
 Intercepted and removed so that th.ey do
 not migrate to points of water use.
 Finally, EPA doubts whether it can
 assure that the facility owner or
 operator will implement effective
 remedial measures whenever releases
 occur, particularly for an extended
' period of time or after the originally-
 established and funded post-closure
 period. In short, EPA believes that
 relying on containment during the
 operating and post-closure-care periods
 and on application of remedial measures
 thereafter will, in many cases, fail to
 provide long-term human health and  ,
 environmental protection.
   With respect to EPA's Intended
 Approach in the October 1980 notice
 and the delineation of the information
 and demonstrations that would be
' required of permit applicants under this
 approach, commenters expressed
 several concerns. First, they contended
 that the required information and
 demonstrations were extensive,
 extremely costly and beyond the
 reasonable capacity of most permit
 applicants to provide. Secondly, they
 felt that not all of the information and
 demonstrations delineated were needed
 in many cases (e.g., land disposal
 facilities underlain by deep, tight clay
 soils and located over deep, non-usable
 ground water aquifers). Thirdly, they
 claimed that some of the demonstrations
 (e.g., prediction of the human health
 risks posed by contaminants that
 migrate to points of water use) were far
 beyond the capabilities of permit •
 applicants  if not the state-of-the-art.
 Finally, they argued that some of the
 requirements (e.g., health and risk
 assessments) placed burdens on the
 permit applicants that projperly should
 rest with EPA or-other government
 agencies.
    EPA agrees thai the information and*'
 demonstrations requirements may be
 quite costly and burdensome for some
 permit applicants and, for others, will
 not be insignificant. Given the long-term
 hazard potential of land disposal of
 hazardous wastes described in Section
 III, however, it believes that such
 requirements are essential to making
 sound environmental judgments about
 these disposal activities. The costs and
 efforts of meeting these requirements
  are justified.costs of doing business—of
 having the privilege of depositing
 hazardous constituents in or oh the land
  where they might adversely affect
  people's health and welfare-for many
  decades.
    Furthermore, EPA believes that proper
  siting of land disposal facilities, proper
  pre-treatment of certain hazardous
  wastes and tailored design of facilities
  for different types of wastes will reduce
  the information and demonstration
  requirements and, thereby, will alleviate
  their costs and burdens. For example,
  locating facilities in areas underlain
  with deep ground waters or non-usable
ground waters or underlain with deep
formations of low permeability clay
soils will enable the permit applicant to
readily demonstrate that contaminants
will not migrate to points of water use,
thus lessening the requirements that
otherwise would apply. Pre-treating
hazardous wastes so that they do not
contain the more toxic or carcinogenic
hazardous constituents also will lessen
these requirements. Likewise, tailoring
the disposal facility to the  types of  ,
wastes disposed of so that, for example,
solubilization of hazardous constituents
is reduced will lessen, the requirements.
The Agency has tried to provide, in the
standards proposed today, provisions
that require more or less information
and demonstration based on site-
specific, waste-specific conditions.
  For those pejnnit applicants that insist
on locating a land disposal facility over
a shallow, high quality, highly used
ground water aquifer or insist on placing
highly toxic wastes in a land disposal
facility without pre-treatment or insist
on  otherwise locating, designing and
operating a system that is  capable of
discharging contaminants  that will
migrate to and affect water uses, it will
be  both difficult and expensive to,
assemble the information  and provide
the demonstrations required for*
permitting decisions. However, in EPA's
view, these costs arid burdens are
necessary to assure that the facility will
not cause unacceptable environmental
 degradation.
  Other comments were received on the
 detailed elements of the October 1980
notice. These are addressed in the
 appropriate parts of this preamble
 which follows.
B. Development of Today's Proposed
Rule
   EPA is today proposing permitting
 standards for land disposal facilities
 (see amendments to Subparts A and B of
 Part 264 and to Part 122 in today's
 proposed rules) that are drawn from the
" third and fourth alternative standards—
 specific and non-specific health and
 environmental performance standards—
 presented hi the October  1980 notice.  -
 These proposed standards are
 supplemented with certain proposed
 design and operating standards (see
 Subparts F, K, L, M, N, R,  S and T of
 today's proposed rules) where the
 Agency deems that these  more specific
 standards can be fashioned.
    The Subparts A and B standards
 proposed in this action essentially
 require a thorough and deliberate
 assessment of the longrterm health and
 environmental impact of  land disposal
 facilities. The Agency recognizes that
  these assessments will require permit

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                          Register / Vol  46 No.24 A Thursday. February. 571981 /Proposed Rules -       11133
   applicants to gather and submit
   considerable detailed information and
   perform difficult and complex
   demonstrations. It also recognizes that
   the required information and
   demonstrations will be difficult and time
   consuming to review by EPA and State
   permitting officials and very likely will
   require more time in processing and
   issuing permits than might otherwise.be
   required if design and operating
   standards or containment standards
 .  were employed. However, EPA
   concludes that these consequences must
   be accepted in order to provide for full
   consideration of the serious implications
   that the facility might have for the
  public's health and welfare for decades
  to come.
    The Agency also realizes that the
  extensive information and
  demonstration requirements of today's
  proposed rule will be sufficiently great
  to deter land disposal permit
  applications for many locations, for
  some wastes and from some persons. As
  such, today's proposed rule, if '
  promulgated, will probably reduce the
  number of land disposal facilities,
  significantly limit the location of these
  facilities, limit the types of hazardous
  wastes placed in these facilities,
  promote the use of alternative methods
  of managing hazardous wastes (e.g.,
  incineration, treatment, recycling) and
  preclude potential permit applicants
  who lack the resources or the technical
  capability to meet the information and'
  demonstration requirements. In the    ;
  Agency's view, these are not
  undesirable results. Because it
  frequently poses long-term hazards to
  human health and the environment, EPA
 views land disposal as the least
 desirable method of hazardous waste
 management and  believes it should be
 used only in those situations where,
 because of the location of the site,
 nature of the waste and adequacy of the
 management technologies and operating
 practices used, it can be carried out in a
 manner which will assure'long-term
 protection of human health and the
, environment. Clearly, today's proposed
 standards and permit application
 requirements will create economic and
 feasibility constraints that will limit  -
 land disposal practices. The Agency,
 however, does not believe these
 standards and requirements will
 preclude land disposal as a necessary
 hazardous waste management practice.   *
 It contends that there are suitable land
 disposal sites, adequate land disposal
 facility designs and practices and
 competent persons and firms to operate
 land disposal facilities necessary to
  manage hazardous waste's than cannot
  be handled by other alternatives.
    Finally, the Agency recognizes that
  the techniques for making the
  hydrogeological investigations and other
  studies necessary to meet the
  information and demonstration
  requirements of today's proposed rule
  are not fully developed and need to be-
  improved and extended. It also
  recognizes that the technical expertise  -
  of undertaking these investigations and
  studies is limited. It believes, however,
  that the techniques and expertise exist
  to perform, in some degree, each of
  investigatory tasks that Would be
  required of today's proposed rule.
  Certainly, advancements in the state-of-
  the-art and capabilities, which will
  result from the implementation of
  today's proposed requirements, will
  improve performance in the future. EPA
  believes that the requirement proposed
  today will encourage such
  advancements.  -•  •    " —
   EPA does not intend to underestimate
 any of the several consequences of
 taday's proposed rule delineated above.
 It may be that these consequences are
 more severe than the Agency now
 estimates. Therefore, EPA invites
 comments on this matter and seriously
 solicits facts and data about the above
 consequences. Certainly, the public
 interest or the RCRA Subtitle C
 objectives are npt well served by rules
 that do not work or produce unintended  '
 results. Consequently, EPA is anxious to
 know how and where and why today's
 proposed rules are sufficiently deficient
 in this regard to warrant a different
 approach.              .    _        ,  .'
  As indicated above, EPA has rejected
 design and operating standards and
 containment standards as the basic
 standards to be used for permitting
 hazardous waste land disposal
 facilities—at least new facilities. It fully
 recognizes the virtues of these types of
 standards: Their specificity and
 certainty and their easier .       ,  v   .  .
 implementability. As discussed above,
 however, the Agency is concerned that
 they only guarantee health and   '
 environmental protection for a finite
 period. This is not to say that the
 Agency believes that these standards do
 not have a place in its -land disposal
 regulations. As mentioned previously,
 today's proposal includes certain design
 and operating standards for hazardous
 waste land disposal facilities in
 Subparts F, K, L, M, N, R, S and T. Also,
 as discussed in Section VI which
follows, EPA is considering and inviting
comments on applying these types of
standards as interim permit standards
(not to be confused with interim status
  standards) to be used in certain
  situations in issuing interim permits to
  "existing" land disposal facilities.
  Beyond this, 'the Agency intends to look
 " for opportunities where these standards
  might be used to improve the
  implemen1:ability of the program.
  Concephmlly, the Agency believes there
  may be situations where sufficient
  information is known about a particular
.  hazardous; waste, its characteristics of
  persistence and degradation in a land
.  disposal facility and its potential to
 retain hazardous constituents from
 release and migration, and where
 sufficient information is known about
 the hydrogeological features of sites
 where these wastes may be disposed of
 to enable  the Agency to develop a
 specialized design and operating
 standard. Where these situations are
 found, EPA would consider developing
 such standards. In this respect and in
 possible other respects, EPA is open to
 suggestions and solicits comments about
 where it might effectively incorporate
 design and operating or containment
 standards iin the rule proposed today or
 subsequent amendments thereto.
           i.            .          -
 VI. Application of Proposed Rule to
 New and Existing Facilities

   EPA is proposing that today's
 proposed standards and permit
 application requirements be applicable
 to both new and existing hazardous
 waste land disposal facilities (see .
 definition of these facilities in § § 260.10
 and 122.3). It feels quite certain about
 the appropriateness of these standards
 for new facilities, believing that it is
 essential that a thorough and deliberate
evaluation of new facilities should be
made before they are allowed to come
into existemce. With respect to existing
facilities, it also believes that it is
essential that such an evaluation be
made before allowing these facilities to
continue op eration, under a full RCRA
permit. However, the Agency has some
concerns about the consequences of
applying the proposed rules to existing
facilities.        -.
   First, the Agency recognizes that it
will take five or more years for it and
authorized States to issue permits to all
existing haz;arddus waste management
facilities, including land disposal
facilities. During this time,; existing
facilities 4 will only have to meet the "
interim status standards of Part 265. For
land disposal facilities, the interim •
status standards do not contain many of
the requirements necessary to assure
environmental protection from the long-
term hazards discussed in Section III.
  "For the purposes of this discussion, existing"
facilities that have interim status.

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11134        Federal Register  /  Vol. 46.  No. 24  /  Thursday, February 5.  1981 / Proposed Rules
Consequently, for the next one to five
years or more, many existing land'
disposal facilities will not be required
by EPA's hazardous waste regulations
to meet permit conditions that today's
proposed rules would otherwise
eventually impose. This is a concern to
the Agency because most of the existing
land disposal facilities are capable of
presenting the potential environmental
hazards described in Section II.
  Secondly, and perhaps more
importantly, the application of today's
proposed standards and permit
requirements to existing land disposal
facilities will take time, once the permit
issuance process is initiated (i.e., once
submission of the Part B permit
application is requested). Section 122.22
allows the permit applicant six months
lo prepare and  submit a Part B permit
application, but because of the extent
and complexity of the Information and
demonstrations that would be required
under these proposed rules, additional
time may have  to be allowed.5 After
submission of the Part B, the review and
processing necessary to issue or deny a
permit will take additional time. Again,
because of the  complexity of the
Information and demonstrations that
would be required, the review of the
Part B may weU take several months
and may also lead to time consuming
hearings, if they are requested. In
summary, it is quite likely that as many
as 24 months or more could elapse
between initiation and conclusion of the
permitting proceeding. During this time,
the existing land disposal facility would
continue under interim status to receive
and dispose of hazardous wastes
without full permit controls. This is of
concern to the  Agency for the same
reason stated above.
   Where the issuance or denial of full
permits for existing land disposal '•
 facilities are going to be unavoidably
 delayed, EPA believes there is need and
 justification for some type of interim
 requirements that are more extensive
 than the current interim status
 standards of Part 265. However, such
 requirements would have to be
 expeditiously applied if they are to
 serve their interim purpose.
   To address this need. EPA is
 considering employing an interim permit
 process and using a combination of
 design and operating standards and
 containment performance standards as
 Interim permit standards. The purpose
 of these standards would be to require
 full containment for a finite time for
 those hazardous wastes that are
   *Tod»y"» propoicd amendments to Part 122
 would give tins permitting official authority to
 extend Iho lime period.
received and disposed of in a facility
during the, interim permit period
preceding the issuance or denial of a full
RCRA permit. Although, as discussed
above, the Agency does not believe that
containment-type standards are
necessarily satisfactory for long-term
control of hazardous waste land
disposal facilities, it believes they do
have merit as standards for interim
application. In this application, they
would serve almost as storage
standards, requiring the confinement of
wastes received by the facility in "new
cells" designed to contain for a specified
finite period. If the review for issuing a
full permit for the facility reveals that
such confinement is grossly inadequate
(e.g., hazardous waste constituents from
the new calls very likely will eventually '
migrate to points of ground water use
and produce unacceptable degradation
at those points of use) then the full
permitting of the facility can require
exhuming and proper re-disposal of the
wastes or other appropriate remedial
measures. This could readily and safely
be accomplished because the wastes
would be contained in the new cells,
catalogued as to where they were
placed in these cells, and segregated to
keep incompatible wastes apart. If, on
the other hand, the results of applying
today's proposed standards hi the
issuance of a full permit reveal that the
interim permit standards are sufficiently
protective or even more protective of the
environment than the terms of the full
permit would otherwise have required,
then a head start on adequately
managing the wastes received by the
facility during the interim permit period
will have been achieved.
   For this approach to work effectively,.
 the interim permit standards would have
 to be quite specific and readily applied
 through an issuance of an interim
 permit—a process that could be initiated
 and completed within a few months.
 EPA believes that a combination of
 design and operating standards (with
 built in performance standards as
 recommended by commenters) and
 containment standards would provide
 such specificity and implementability.
   When submission of a Part B
 application for an existing facility is
 requested,  the applicant would be asked
 to supply information necessary to
 consider issuance of an interim permit
 as well as information and
 demonstrations necessary to consider
 issuance of a full permit. The
 information requested for the interim
 permit would have to be submitted in
 six months. Basically, this information
 would consist of a description of the
 design and operation of the facility and
a showing that the containment
performance standard and the design
and operating standards will be met.
The information and demonstrations for
the full permit (as delineated in this
proposed rule) also would be required to
be submitted within six months but
could be extended for good cause. EPA
or the State (where the State is
authorized) would first consider and
issue or deny an interim permit,
hopefully within a few months of
receiving the Part B application. It then
would consider the issuance or denial of
the full permit (actually, review of the
permit application for an interim and
full permit would proceed concurrently
but preference would be given to
processing the interim permit first,   -
leaving better opportunity to thorougly
and carefully processing the full permit).
  It is anticipated that most applications
for permits for existing land disposal
facilities would result in the issuance of
an interim permit under which the
facility would operate until a full permit
is issued or denied. However, where the .
permitting official has good cause (e.g.,
the facility is already contaminating
ground water and the operation of a
successful containment  system for
continuing disposal of hazardous wastes
is doubtful), the official  could deny an
interim permit. This would preclude
continued operation of the facility until
a full permit is issued. The Agency
believes that interim permits would only
be denied for a relatively few facilities
where allowing continuance of disposal
•activities until a full and thorough
 review of the facility could be made
 would present a substantial risk to
 human health or the environment.
   The foregoing approach would only
 apply to existing landfills where it is
 possible to implement a containment
 system for the new cells that could and
 would be used to receive wastes during
 the pendency of the interim permit.  This
 approach  simply cannot work for
 existing surface impoundments which
 are continuing to operate and cannot be
 readily retrofitted without severe
 disruption and expense to provide
 containment for wastes received during
 the pendency of processing of a full
 permit. For these facilities, the Agency
 and the States will have to depend on
 expeditious review and processing  of
 full permit applications to minimize the
 possible environmental insults that
 could occur during the  full permit
* process. For .similar reasons, this
 approach does not work well for and
 would not be applicable to land
 treatment facilities.
   The Agency did consider application
 of the above concept of containing

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                                     5>  1981 / Proposed Rules
                                                                                                               11135
  wastes during permit processing through
  requirements that would be imposed
  through its interim status standards.
  Such requirements would need to be
  promulgated as amendments to Part 265.
  It has tentatively rejected this approach
  (although still holds it open for
  consideration) because it believes that
  the specific terms of these requirements'
  may require some degree of case-by-"
  case determination and variance which
  could only be effectively accomplished
  through a permit-issuance process.     '
 .   The Agency has not been able to
  develop and include in today's proposal
  the specific regulatory language that
  would be needed to implement the
  interim  permit approach herein
  discussed. However, the elements of
  that approach are few and
  comparatively simple. The Agency
  would establish interim permit     ,
  standards in Part 264 which would be
  used in  issuing interim permits to
  landfills. These standards would be
  flexible containment performance
  standards requiring the landfill to have
  a liner, leachate collection system and
  final cover designed and operated so as
  to contain the hazardous wastes and its
  hazardous constituents for a period of 50
  years. The purpose of these standards
  would be to achieve in-the-land storage
  of wastes until a thorough review of the
 facility can be accomplished in the
 processing of the full permit. This is the
 reason for the requirement for a liner,
 leachate collection system and final,
 cover. The basis for the containment.   :
 period of 50 years is simply to provide
 some reasonable tune period during
 which environmental protection is
 assured and within which remedial
 measures, if necessary, could definitely
 be accomplished. The Agency would be
 proposing a shorter time period if it,
 could be assured that, in all cases, a full
 permit, requiring any necessary
.remedial measures (in addition to full
 permit requirements) would be issued
 (and not denied) and any required
 remedial measures could be
, accomplished during the operating life
 of the  facility. EPA is concerned that.
 this may not be the case in all situations
 and that it may have less leverage in
 causing the owner or operator to provide-
 remedial measures if (i) .the full permit
 is denied and the facility must therefore
 cease operation or (2) the facility is    -
 closed prior to culmination of the full
 permit process. In these situations, it
 may take time to arrange for remedial
 measures and the 50 year containment
 period would provide an ample time
 span within which to make such
 arrangements.
   In addition to the containment
 performance standards discussed above,
 the finarand interim final standards
 design and operating in § § 264^11
 through 264.17 and Subparts C, D, E, G
 and H of Part 264 would apply and be
 used in issuing interim permits. Also, the
 design and operating standards in
 Subparts F and N of today's proposed
 amendments to Part 264 would apply. •
   The Agency would also establish
 special provisions for interim permits in
 Part 122. These would include (1)
 discretionary authority for the permit
 official to initiate an interim permit
 process when requesting a Part B permit
 application, (2) authority to issue or
 deny interim permits, (3) a specification
 that the term for an interim permit
• would be no more than five years or that
 time period culminated by the issuance
 of a full permit, whichever is less and (4)
 specification of the additional Part B
 permit application information
 requirements to support consideration of
 an interim permit. The procedures for
 issuing an interim permit would be the
 same as those for issuing a full permit
 (these are now established in Parts 122
 and 124).
   EPA invites comments on this interim
 permit approach and its specific
 elements described above. In particular,
 the Agency would like comments on the
 proposed containment performance
 standard and its 50  year containment
, requirement. Also, it would like ~—
 comment on whether this approach is
 workable and, if not, why riot. If
 commenters believe other approaches
 are more workable,  the Agency would
 like to learn of them and would like
 commenters to describe them in
 sufficient detail so that EPA can
evaluate them.

VII.  Detailed Discussion of Proposals
•A.SiibpartA—General            -
  The major amendment to Subpart A is
the addition of the "Non-numerical
health and environmental standard"
which-is the basis of today's
promulgation of criteria and'standards
for the permitting of land disposal *
facilities. This .amendment is discussed
below under the title "Ground-water
protection standard". That title is-used
since the Agency may in the future
promulgate additional health and
environmental standards. The
substantive standard being issued today
is related primarily to the health and
environmental effects of discharges into
or on the land which migrate  to and with
the ground water.           "    -  :
  1. Purpose, scope and applicability—
§ 264.1. This Section is. being amended to
conform the .applicability of the
  regulations! to exclude only those
  "injection wells" which, by definition,
  can fully comply with the criteria and
  standards l?eing issued today for land
  disposal facilities. Because of the
  Agency's decision to propose the Non-
  numerical health and environmental
  standard, it! can not cpntinue the
  complete delegation of the authority to
  permit land disposal by well injection to
  the jurisdic tion of the Underground
  Injection Control Program of the Safe
  Drinking,Water Act (SDWA) as it had
  previously intended. For a more
  complete discussion of the issues see the
  preamble to the. Proposed Hazardous
  Waste Management: Interim Status
  Requirements for Underground Injection
  (45 FR 33280) and the preamble to the
  Water Programs; Consolidated Permit
  Regulations and Technical Criteria and
  .Standards; Underground Injection1
  Control Program (45 FR 42472).
    The basic decision of the Agency to
  resolve the problems of which criteria
  and standards apply when a facility,
  subject to both theRGRA and the
  SDWA, is to be permitted is that both
  apply. The Authority section of this
  preamble therefore cites both Acts with
  respect to "well injection", and the
  standards herein apply. This should be
  understood to be air administrative
  resolution of the problem-which reduces -
  the issues to those of exclusive
  jurisdiction.,.             ,•>•     .   ..•-.":
   At both the federal and th'e state
.  levels of government, .the management
  and protection of ground water is not
  exclusively associated with either broad
  health and environmental effects or with
  the use of ground water for drinking"
  water. As EPA has been, state agencies
  are often also charged by their own
  legislative bodies to consolidate
  resources in'the management of any
  resource. Part of the intent of the
  decision referenced above is to follow
. management flexibility in charging
 individuals to be responsible for either
 the RCRA or thw,SDWA program's, or
 both. The scope of the exclusive
 jurisdiction is discussed later in this
 preamble with reference to the RCRA  •
 permit by rule in § 122.26.
   2. Ground-water protection
 standard—§ 264,2.' One of the most
 critical goals of the regulations being .
 proposed today is the protection of
-ground water from potential adverse
 effects in the land disposal of hazardous
 wastes. In the December 18,1978
 proposed regulations (43 FR 58982), the
 Agency expressed its intention to        '
 protect ground water by relying on
"design,and operating standards subject
 to an overriding human health and
environmental standard. The overriding

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Federal Register / Vol. 46, No.  24 / Thursday. February 5. 1981  / Proposed Rules
standard would apply when design and
operating standards alone would not
achieve the objective of the Act. In the
design and operating standards included
in the December 18.1978 proposed
regulations, the Agency sought to
protect ground water by requiring
containment of hazardous wastes.
  Based on comments and its own
analysis, the Agency now recognizes
that containment of wastes disposed of
into or on the land is achievable for only
some limited period of time. Moreover,
in many cases containment does not
represent the most efficient, protective,
and effective control achievable.
Ultimately, containment designs act
only as a control on the initiation of
release of wastes to the environment or
as a control on the rate of release. To
fulfill the statutory mandate of RCRA—
the protection of human health and the
environment—a temporary solution such
as containment simply is not adequate.
  As a result, the Agency published on
October 8, 1980, a Supplemental Notice
of Proposed Rulemaking, outlining the
regulatory approach embodied in these
proposed regulations. This approach
will be implemented by a combination
of design, operating, and locational
standards. Primary reliance is place on
maintaining a physical separation of the
ground water affected by dispoal or
discharge and any subsequent use of or
exposure to the affected ground water.
Separation, and the control of
subsequent use, are both possible
because not all ground water is used,
 usable, or needed for any use and
because ground water returns to the
 surface environment in a definable way.
   The basic goal embodied in these
 regulations for the protection of Kuman
 health and the environment is to
 rigorously protect all ground water
 which is now or will in the future be
 used for any purpose from the harmful
 effects which can result from hazardous
 waste disposal. Further,  these
 regulations will ensure that the natural
 re-entry of affected ground water into
 the surface environment does not cause
 unacceptable effects.
   A variance may be authorized where
 an absolute separation from ground
 water use can not be achieved, however,
 the permit applicant carries a heavy
 burden of proof to show that the effects
 which will result from his disposal or
 discharge activities will  not adversely
 affect human health or the environment.
   The comments received in response to
 the October 8,1980 Federal Register
 Notice displayed a wide diversity of
 views as to the preferred regulatory
 approach. The comments ranged from
 those who supported the total flexibility
 of a general performance standards, to
                         those who felt the technical design
                         requirements are needed to supplement
                         a non-numerical health and
                         environmental standard, to those
                         commenters who supported total
                         reliance on specific performance
                         standards, design standards, or a
                         combination of the two.   •
                           The Agency recognizes the
                         advantages and disadvantages to each
                         of these approaches. Facility design
                         standards have the'advantage of being
                         specific, leaving no question to the
                         permit applicant or the permit issuing
                         authority as to what is required. Such an
                         approach would clearly simplify the
                         permitting process by removing  any
                         discretion from the permitting authority.
                         However, design standards are also
                         very rigid and it is impossible under
                         such an approach to consider the almost
                         infinite variety of site specific factors
                         which may occur. Likewise, the  rigidity
                         of this approach discourages the
                         development of innovative technologies
                         for the protection of ground water. Most
                         importantly, it is simply not feasible at
                         this time for EPA to develop  the full
                         range of technical design standards
                         which would be required to fully protect
                         ground water from all adverse health
                         and environmental effects.
                            Specific ambient health and
                         environmental performance standards
                         also share the advantage of being
                         straightforward in terms of notifying the
                         permittee as to what he must achieve.
                         The major drawback of this approach is
                         that a full range of specific performance
                         standards has not yet.been established
                         to cover all of the possible adverse
                         effects of hazardous waste disposal.
                            A non-numerical health and
                         environmental standard has the
                         advantage of being flexible—allowing
                         for and even encouraging the
                         development of new technologies aimed
                         at the protection of ground water. This
                         approach also enables the Agency and/
                          or the permit issuing authority to  ,
                         respond to new information generated
                          from a variety of sources including the
                          permitting process, monitoring data and
                          scientific research. The use of a non-
                          numerical performance standard will
                          also assure immediate fulfillment of the'
                          statutory mandate of RCRA without the
                          long delay that would be required to
                          promulgate adequate specific
                          performance or design standards.
                            Concerns were expressed by
                          commenters on several aspects of a
                          regulatory approach based on a non-
                          numerical performance standard. Many
                          commenters felt that such an approach
                          does not give adequate guidance to the
                          permittee or the permit issuing authority
                          as to what is necessary to achieve the
                          standard and qualify for a permit. The
 Agency believes that the regulations
 being proposed today will clarify to a
 large extent those areas that
 commenters felt were vague in the
 October 8,1980 Notice. These proposed
 regulations specify in greater detail the
 requirements for permit issuance and
 the showing required for a variance.
' Others felt that the proposed approach
 will complicate and lengthen the
 permitting process. In the opinion of the
 Agency, in many cases the data required
 of permit applicants will be readily
 available and the permitting process
 will be able to proceed without delay.
 Where this is not the case, the Agency
 believes that the impact on the
 permitting process is justified in light of
 the potential impact of hazardous-waste .
 disposal, the magnitude of the potential
 harm, and public concern over
 protection from the risks of disposal of
 hazardous, wastes.
 B. SubpartB—General Facility
 Standards
   1. Location—§ 264.10. Section 264.10 is
 being amended in these regulations to
 ensure the applicability of the location
 standards in § 264.18(b) to land disposal
 facilities. Locational considerations
 other than those to be considered in
 § 264.18(b) are contained elsewhere in
 the regulations. Such other locational
 'considerations are specifically
 applicable to land disposal facilities and
 the characteristic which distinguishes
 such facilities from other types of
 opertional units, i.e., discharge into the
 land and ground water.
   2. Land disposal facilities— § 264.19.
 Section 264.19(a) lists the types of
 facilities that are landtlisposal facilities
 and therefore subject to the
 informational and demonstration
 requirements necessary to establish
 compliance with the ground water
 protection standard.
    Section 264.19(b) limits land disposal
 „ facilities eligible for permitting to  the
 types of facilities defined in § 264.19(a),
 subject to exceptions granted through
 the petition process described in
 1 260.23. This petition process is
 intended to protect the owner or
 operator of a successful treatment,
 storage or disposal facilitity from  the
 potential oversight of the Agency  in
 promulgating minimum, requirements.
 The Agency does not intend to
 invalidate successful facilities by its  ,
 regulations or to limit future faciltities to
  the types with which it is presently
  familiar and for which it has prescribed
  technical requirements.
    Section 264.19(c) sets forth five
  classes of land disposal facilities. These
  classes are established by the present or
  future use of ground waters into which a

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                 Federal Register /  Vol. 46,  No. 24 / Thursday, February 5, 1981 / Prciposed Rules         11137
   facility does or will'discharge. The-
   purpose of categorizing facilities by
   class is to facilitate descriptions of the
   varying amounts of information and
   levels of demonstration required to
   pursue a permit.
    Many customers felt that the ground
   water protection approach outlined in
   the October 8,1980 Federal Register
   notice failed to consider the concept of
   multiple uses of ground water and failed
   to take into account existing
   contamination or uses of ground water.
   The facility classification scheme
   provides a mechanism by which these
   factors are given relevance in the
   permitting process. For example, ground
   water whicn is currently contaminated
   at a level which precludes its present or
  future use for drinking purposes, if that
  is recognized and acknowledged as a,
  fact, will be subject to reduced
  informational and demonstration
  requirements.
    a. Types of facilities—§ 264.19(a).
  Section 264.19(a) lists six major types of
 'land disposal facilities: (1) Surface
  impoundments; (2) waste piles; (3) land
  treatment facilities; (4) landfills; (5)
  seepage facilities; and [6) injection
  wells. Type (S)-seepage facilities can be
  further subdivided info atleast four
  categories; (A) seepage  lagoons; (B)
  drying beds; (C) seepage pits; and (D)
  seepage beds. The types of facilities
  may be-described as follows:
    (1) Surface impoundments, as the
  name implies, are facilities at which
  liquid  wastes or other liquids are
  impounded or held. In § 260.10 a surface
-  impoundment is defined as an earthen  -•-
  structure designed to hold an
  accumulation of liquids .or wastes
  containing free liquids. Wastes placed in
  surface impoundments are usually in a
  liquid or semi-liquid state. The purpose
  of a  surface impoundment as described
  in the applicability section of Subpart K
 is for storage or treatment rather than
 disposal. Discharge to the ground water,
 when it occurs constitutes disposal
 however, and disposal often occurs as
 leachate from facilities which are
 commonly called surface '
 impoundments. When such disposal
 occurs, i.e., when a surface            '
 impoundment is not designed to prevent
 virtually all discharge, or is to be closed
 with waste left in place, it is considered
 a disposal facility. A surface      :
 impoundment can be designed to
 achieve the objective of no discharge, in
 which case it is referred to in this
 section as being used "solely for storage
 or storage and treatment". Such a
 surface impoundment is not considered
 a land disposal facility in Part 264. The
 term seepage facility is used in these
  regulations to describe a facility which
  is designed with the objective of     ;
  discharging (i.e.., disposing of) liquids
  into the land. Surface impoundments are
  often used as part of a flow through
  treatment system that disposes of
  treated liquids through a piped
  discharge to surface waters. Discharge
  to the atmopshere rioVmally occurs as
  diffuse :gaseous emissions. Wastes are
  usually removed at closure, -but may be
  left in place.             ' '~    '•'-•'
   (2) Waste piles are facilities at which
  wastes, usually in a solid state,  are
  placed on the land for the-purpose of
  storage or treatment. Discharge to the
  ground water normally occurs as
 leachate. Discharge to the surface
 waters normally occurs both by erosion
  and as leachate mixed with ground
 water. Discharge to the atmosphere
 normally can occur through wind
 erosion or as diffuse gaseous emissions.
 Wastes are usually removed at closure, •
 but may be left in place. A waste pile
 can also be designed to prevent virtually
 all discharge into the land in which case
 they are also referred to as being used
 "solely for storage or storage and
 treatment" and are not considered land
 disposal facilities provided the wastes
 are removed at closure.
   (3) Land treatment facilities are  '
 facilities at which waste; usually in a
 solid, semi-solid, semi-liquid, or  liquid
 state; are spread on the surface of the
 ground for the purpose of treatment.
 Discharge ,tb the ground water normally
 occurs as leachate. Discharge to the
 surface waters normally occurs both by
 erosion and as leachate mixed with    ,
 ground water. Discharge to the     •
 atmosphere normally occurs as diffuse  '
 gaseous emissions. Wastes are nearly
 always left in place at closure.
   (4) Landfills are facilities at which
 wastes, usually in a solid or semi-solid
 state, are placed into or on the land for   ;
 the purpose of permanent disposal.
 Discharge from the facility to the ground
 water normally occurs as leachate.
 Discharge to the surface waters can
 occur by erosion, but normally occurs as
 leachate mixed with ground water.
 discharge to the atmosphere normally
 occurs as diffuse gaseous emissions.
 Wastes are nearly always left in plaqe
 at closure.          *
  (5) Seepage facilities are facilities at
 which wastes; usually in a liquid, semi-
 liquid, or semi-solid state;  are placed  "
 into or on the land for the purposes of
 storage, treatment, or disposal. Four
 types of seepage facilities  are described
in this -section, all of which are defined
 as injection wells in Part 146 (the UIC
Program) when the depth is greater than-
the largest surface dimension.
    (A) Seepiage lagoons are facilities at
  which wastes; usually in a liquid,; semi-
  liquid, or semi-solid state; are placed
  into the land for the purpose of  •
  treatment,,storage, and disposal.The
  essential difference between a seepage
  lagoon (which normally has a free liquid
  surface)  arid a surface impoundment is,
  as mentioned above, is the objective of
  the design. Impoundments which are
  designed wdth the objective of seepage
  (i.e., discharge into the land) are seepage
  lagoons.  Discharge to the ground water
 - normally occurs as leachate. Discharge
  to the surface waters normally occurs as
  leachate  mixed with ground wateri
  Discharge to the atmosphere normally
  occurs as diffuse gaseous emissions.
  Wastes are usually removed at closure,
  but may be'left in place.
    (B) Drying .beds are facilities at which
  wastes, usually in a semi-Solid state, are
  placed on the land for the purpose of
  treatment (drying) and storage.
  Discharge to the ground water normally
  occurs as leachate. Discharge to the
 "surface waters normally occurs as
  leachate mixed with ground water
  unless leacliate is.collected in which
  case it may be directed through a piped
 - outlet. Discharge to the atmosphere
  normally occurs as diffuse gaseous
•  emissions. Wastes are usually removed
  at closure, but may be left In place.
  - (C) Seepage pits are facilities at which •
\ wastes, usually in a liquid state, are
 placed into the land for the purpose .of
 disposal.  Discharge to the ground water
 is by direct jseepage of the wastes, also
 termed leachate for the-purpose of .this
 regulation. Discharge to the surface
 waters normally occurs as leachate
 mixed with ground water. Discharge to
• the atmosphere may be by direct
 venting, or by diffuse emissions. If solid
 residuals  remain after closure, they are  '
 usually left in place but they may be
 removed.   ;           '
    (D) Seepage beds are facilities at
 which wastes, usually in a liquid state,
 are placed into the land for the purpose
 of disposal. Discharge to the ground
 water is by direct seepage of leachate.
 Discharge to the surface waters      •  ' '"
 normally occurs as leachate mixed with
 ground wateir. Discharge to the      '  /  .
 atmosphere may be by direct venting, if
 the seepage bed is covered, or by diffuse
 emissions. If solid residuals remain after
 closure, they are usually left in place but
 they may be removed.
   (6) Injection wells are facilities at
 which wastes in a fluid (usually liquid)
 State, are injected into the land under a
 pressure head greater than the pressure
 head of the ground water into or above
 which they sire injected for the purpose
 of disposal. Discharge to the ground
 water is either direct or by direct     .   ,-

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Federal  Register / Vol. 46, No.  24 / Thursday^	^ebmary	5,	1981	/
seepage of leachate from the well outlet.
Discharge to the surface waters
normally occurs as leachate mixed with
ground water. Discharge to the
atmosphere may be by direct venting up
the well, or by diffuse emissions through
and from the soil. Wastes are always
left in place after closure.
  b. Classes of land disposal facilities—
$2S4.1S{c). Five classes of facilities
(designated by capital letters) are
established in this section. With respect
to present or future uses of ground
water, three distinctions are drawn:
ground waler which is not and will not
in the future be a source of water supply
for any use; ground water which is or
may in the future be a source of water
supply for uses other than drinking; and
ground water which is or may in the
future be a source of drinking water
supply. A further distinction is drawn
between facilities which do or will
discharge into ground water which is or
mny be used as a source of drinking
water, depending upon whether the
facility affects a public or private water
supply. Greater protection is afforded to
private drinking water sources because
often those dependent on private
supplies have no alternative source of
drinking water or do not have a feasible
option of treating water to make it
suitable for drinking.  The distinction
between Class A, which is related to
entire aquifers, and Class B, which,is
related to portions of aquifers, is
primarily administrative. Both entire
 aquifers and portidhs thereof are
 commonly described in reference
 literature (e.g., USGS reports].
   3, Minimum standards applicable to a
 variance from the grodnd-water
protection standard for ground water
 used for drinking—%  284.20. The
 numerical criteria established in § 264.20
 are minimum requirements for
 permitting land disposal facilities which
 require a variance because they
 discharge to ground water which is or
 may In the future be used for drinking.
 The  criteria should ensure that
 subsequent use of ground water effected
 by discharge will be  acceptable as
 drinking water with respect to its listed
 contaminants (hazardous constituents
 and  decomposition and reaction
 byproducts). The requirements are
 based on the National Drinking Water
 Standards but are established as
 percentages of those standards to
 maintain "optimum" water quality for
 drinking rather than  allowing
 degradation to the maximum acceptable,
 contaminant levels for use represented
 by the National Standards. The
 percentages applied are based on the
                         background document to the National
                         Secondary Drinking Water Standards.
                           The particular contaminants listed in
                         § 264.20{a) are included in the National
                         Primary Drinking Water Regulations,
                         and are health related. The 80% factor is
                         simply a margin for error intended to
                         avoid "brinksmanship" in the permitting
                         process with respect to the standard for
                         judging water unacceptable for drinking.
                         Comment is requested as to the
                         reasonableness of using such a factor
                         rather than the standard itself.
                           The numerical standards of the
                         Primary Drinking Water Regulations are
                         established at maximum concentration
                         levels of: metals and inorganics
                         indigenous to ground water, several
                         pesticides and bacteria, above which
                         water is considered not properly usable
                         for drinking. Also of significance are the
                         contaminants which are not listed in the
                         Primary Drinking Water Standards, but
                         are likely to be found in discharges of
                         liquid hazardous wastes and leachate.
                         Many of these contaminants (especially
                         hazardous constituents) if present in a
                         discharge, would make the water
                         unusable  for drinking. Some of these
                         potential  contaminants are covered in
                         §264.20(b).
                           The contaminants listed in § 264.20(b),
                         which include the pesticides hi the
                         Interim Primary Drinking Water
                         Regulations, cannot be safely   ,
                         discharged into drinking water. They are
                         generally known or suspected
                         carcinogens, highly toxic, or are
                         produced and marketed as systemic
                         poisons. Use and spillage account for
                         the primary human and environmental
                         exposure. The criteria, which are
                         minimum standards, do not preclude
                         discharge of these substances to the
                         ground water  but do restrict the
                         intentional disposal of such substances
                         to ground water used or not precluded
                         from use  as human drinking water.
                            4. Performance standards and
                         associated demonstrations of
                         performance—% 264.21. Sectipn 264.21
                          establishes both performance standards
                          and demonstrations  of performance
                          required  in the permitting process. The
                          demonstration requirements include the
                          showing  which must be made by permit
                          applicants seeking a variance as
                          described in § 264.2(a)(2). Some of the
                          requirements  of this section vary
                          according to the class of disposal
                          facility (see § 264.19(c)) for which permit
                          authorization is sought. These
                          distinctions recognize that not all
                          ground water requires the same high
                          level of protection as ground water
                          which is now or will in the future be
                          used for  drinking purposes.
                            Section 264.21  forms the basis for
                          determinations of acceptability (i.e.
permit approval or denial). The manner
of consideration in the permit process is
also described in this section.
  Section 264.21(a) requires that surface
water quality standards not be violated.
Many people do not perceive the ground
water and surface water systems to be
part of the same flow system and
thereby fail to recognize their
interdependence. This provision will
force a coordinated  analysis based on ,
the fact that these systems are not'
distinct. In most areas of the country,
the low flows to which surface water
quality standards apply are supported
entirely by the discharge of ground
water.
 . Section 264.21(a)(2)(iv) requires
owners or bperators of land disposal
facilities requiring a variance (see
§ 264.2(a)(2)) to demonstrate the social
and economic need  for the facility and
that no practical options for waste
reduction exist. The Agency believes
that these issues are implicit in the
permitting process and that they will be
of particular relevance in the public
participation aspects of that process.
This requirement ensures that these
issues will be addressed by owners and
operators in 'a manner that allows
adequate scrutiny by the public and the  •
permit issuing authority.
   The factors which must be considered
when a variance is  required are
enumerated in § 261.21(a)(2)(v) for
surface waters and 264.21(d) for ground
waters. It is from the analysis of these
factors that conclusions can be drawn to
 determine whether  or not  a permit
 should be issued. For many
 contaminants, the Agency has data
 which can serve as a basis lor drawing
 conclusions/but for others, data is
 unavailable or limited. The data base for
 formulated  and decomposition
 inorganics is sufficiently documented
 and referenced. However, with respect
 to natural and synthetic organics, the
 data base is less precise. This is due, in
 part, to the  fact that the technology - .
 required to  identify, measure, and
 correlate, these compounds with
 observed health and environmental
 effects has  only recently been
 developed.  In the past, most discussion
 of the effects of organic? in water were
 merely categorized as "taste and odor"
 problems. Most of the factors are
 physical or chemical factors which are
 available or determinate. Other factors,
 especially those associated with the risk
 of exposure to complex organic
 chemicals,  are associated with data
 from which differing conclusions  may be
 drawn by reasonable people and
 represent the frontiers of knowledge.
 The Agency does not underestimate the

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                Thursday, February  5, 1981  / Exposed Rules,
                                                                                                                1113S
   difficulty Vi/hich might be involved in
   making a successful demonstration in
   adverse locational circumstances, but
   nonetheless feels that permitting
   decisions that allow exposure to
   hazardous .waste cannot be justified
   because of a lack of knowledge.
   Technical discussions of those factors
   are included in the Background
   Document,
    It cannot be too strongly stressed that
  locations which do not expose the
   public to human risks are of paramount
   importance in hazardous waste land
   disposal. The need for good sites is even
   more acute for hazardous wastes which
  have only a very limited data base. The
  primary means of ensuring that
   exposure does not occur through ground
  water are the requirements of
   §264.21(b3.
    Several commenlers expressed
  concern that the ground water
  protection strategy set forth.in the
  October 8,1980 Federal Register notice
  failed to give proper deference to State
  or local designation of ground water
  uses. Section 264.21[b](lJ provides that If
  a government entity has the authority to
  control ground water'exposure by
  resMctiEg""activities that might result in
  exposure, and such entity exercises that
  authority in favor of the type of activity'
  proposed to be carried on or being
-  carried on by the owner of operator land
  disposal facility, then the permit process
  can recognize those determinations.
    In many States, individual ownership
  of ground water Is not possible; raflier
  the State maintains ownership and
  control. The rights of individuals to the
  ground water are limited to reasonable
  use, provided that such use  does not
  interfere with the similar rights of
  others. Rights to use are usually
  ancillary to land ownership but may
  otherwise be acquired through the
  purchase of rights of others, or granted
  or withheld through fee legislative
  process. Rights may also be held by
 .other levels, of government. For example,
  in the West, the Federal government has
  not surrendered it rights to materials
  beneath the ground surface, including
  ground water, to State ownership;
  although some rights may have been
  surrendered to individuals.            ;
  Municipalities or counties may also hold
  rights to ground water; especially
 jurisdictions that have been awarded
  the power of eminent domain.
   Section 264.21{b){23 provides that if a
 permit applicant can, by virtue of his
 vested rights,  control exposure to effects
 caused {or to be caused} by the disposal
 of the waste into or on the land by
 restricting activities that could result in
 exposure, the permitting process can
 recognize those rights. Rights to land or
  ground water are only recognized; not
  granted by the permitting process. With
  respect to ground water, the manne.r in
  which such rights are held varies
  markedly in different areas of the
.  country according to applicable law, By
  recognizing the lights that are held and
  exercised fay individuals 'or government
  entities in the regulation, the permitting
  obligation of the Agency does not
  interfere with existing and variable
  federal, state, local, or private control
  over ground water.
    A permit applicant who cannot realize
  control over the vested interests his
  activities wiH affect, or when thai
  control Is not provided by a duly
  authorized government entity, is not
  precludedfrom pursuing a permit
  application. Such an application may be
  granted if it is established mat the
  effects resulting from the land disposal
  activity are acceptable with respect to
  the remainder of the performance
  standards. This includes the opportunity
  to show that affected ground waters
  cannot reasonably be used as provided
  in § 264.21{dj[3). Specific-criteria are
  established for such a showing under
  the UIC program as referenced in
  § 264.21{d](4], The limitation on the
  "exempt aquifer" criteria expressed in  -
 the paragraph is due to the character of
  the exemption associated with those
 particular criteria. Tfyey are criteria
 associated with the use of the land and
 ground water for purposes which are not
 consistent with the maintenance of high
 quality drinking water. They are not-
 appropriate for application to allow
 hazardous waste disposal. It should be
 noted that this paragraph also limits the
 practice of dispbsing'of hazardous waste
 by "well injection"  directly into an
 "underground source of drinking water".
 The Agency has initiated a ban of such
 practices under the authority of the
 SDWA." If a showing that ground water
 use is not possible can be made in any
 given location, it would be appropriate
 that the vested rights to such affected
 ground waters be assigned or acquired
 and then dedicated.
   There are currently a limited number
 of state planning documents which
 could, because they are required under
 federal law and subject to the approval
 of the Administrator, be recognized by
 the Agency in its administration of the'
 permit program under Subtitle C of the
 RGRA, Those with the greatest potential
 relevance are the State Solid' Waste
 Management Plans—section 40G7{aj of
 the RGRA;  Statewide Waste Treatment
 Management Plans—section 303{a) of
 the CWA; and Areawide Waste
 Treatment  Management Plans—section
 208 of the CWA. Compliance with
   statewide or areawide planning is.
   required by § 264.21{a]{2]{Aj. Further, it
   has beeri suggested by some that Slate-
   Federal Water Quality Standards could
   be^adopifid by states for ground water,
   approved by the Administrator, and
   they receive similar status as those
   established for surface waters—sections
   303(c) and 303(dJ of the Clean Water Act
   (CWA). '[he Proposed Ground Water
   Protection Strategy, discussed below
   represents the most significant effort to
   achieve a State'Federal relationship for
   the protection of ground water.
    5. Groiind Water Protection Strategy,
   On November 18,1980, EPA published
   the-Proposed Ground Water Protection
   Strategy. This Strategy, when
   promulgated in final form, will serve as
   EPA's policy framework in the area of
   ground water protection. Public input on
   the issue 'of ground water protection was
   solicited at recent National Ground
   Water, Strategy meetings -sponsored by
   EPA, with participants from State and
 >: local government and business,
   environmental, academic and public
  Interest groups. The consensus of the
  workshop participants, as .reflected in
  the proposed Strategy, was a recognition
   that the ground water system should be
  segmented with respect to all its
  legitimate uses, while continuing to
'  recognize the priority of its use for
  drinking and irrigation to support life.
    The proposed Strategy contemplates
  that the major .responsibility forground
  water protection, evaluation .and
  segmentation will be at the State and
  local level The approach outlined in the
  Strategy involves the development "by'
  the States, of Slate ground water
  protection strategies to be implemented
  through a classification scheme. This
  classification scheme would prioritize
  ground water areas for high levels of
  protection and identify those areas most
  suited for potentially polluting activities,
  such as the future siting of waste
 disposal facilities. The federal xole
 under the proposed Strategy includes
 assisting the States in their ground-
 water moidtqring efforts, in the
 'development of State ground-water
 protection^strategies, and through ••--.-•
.. research and technical assistance.
 Additionally, the federal government is
 to develoji nnnimum national
 requirements for high priority problems
 through established vehicles such as
 hazardous waste regulations under
 RCRA,      *.
   Several commenters suggested that
 promulgation of ground-water protection
 standards under Subtitle C of RCRA is
 premature prior- to the finalization of the
 National Ground Waler.Protection
 Strategy. The Strategy as proposed,

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11MO        Federal Register / Vol.  46, No. 24 / Thursday,  February 5, 1981 / Proposed Rules
      -  	 .,,1--,„* -_. _i...i..m....-..mii-.-  ^^—-MBA-jmrn, -	—	r-...,.,^J.^™iJMMnn.Mi»iaill 'III "I II il	It	I	Ill I i IIIIPilli I l»l	•	I »I i TjT-«»-gamM^
      IT
however, directs the Agency to continue
wlih tha implementation of federal
regulatory programs which affect ground
water. Moreover, the permitting process
established by these regulations
provides a functional parallel to the
approach set forth in the proposed
strategy. Classification schemes
established by the States can be
recognized by the federally
administered permit program. However,
as stated in the proposed Strategy, until
a classification scheme is adopted, EPA
Will maintain a policy that where ground
water is currently of drinking water
quality or better, it will be provided
protection to ensure that its utility for
this use is not impaired.
C. Subpart F—Ground-water and Air
Emission Monitoring
  The proposed requirements of this
Subpart apply to owners and operators
of landdSspoal facilities used to treat,
store and dispose of hazardous waste
which have received a permit to operate,
These requirements are intended to
provide information on the impact of the
facility on ambient air and ground-water
quality.
  In the case of ground-water
moattoring, the regulations proposed on
December 18,1978 included ground-
water monitoring requirements for
landfills, surface impoundments and
land treatment facilities; and the
requirements for interim status facilities
promulgated on May 19,1980 included
ground-water monitoring requirements.
 Also on May 19,1980 ground-water
monitoring requirements were proposed
 for certain underground injection
 facilities.
   In the case of air quality monitoring,
no such requirements for hazardous
 wasto facilities have been previously
 proposed or promulgated under RCRA.
This proposal to implement an air
 monitoring requirement for land
 disposal facilities is discussed in detail
 starting with item 6.—Air Emission
 Monitoring, of this section of the
 preamble.
   1. Applicability—§ 264.90. The ground-
 water monitoring requirements proposed
 today apply to all hazardous waste
 management facilities where the
 storage, treatment, or disposal of
 hazardous waste could cause discharge
 to the ground water, as did both the
 originally proposed requirements and
 those promulgated for interim status
 facilities (Part 285). The Part 265 ground-
 water monitoring requirements involve
 monitoring of indicator parameters  to
 detect discharges to ground water and
 subsequent assessment of ground water
 quality following detection of a
 discharge. These proposed regulations
 are similar. New facilities and facilities
 which had operated under interim status
 but had not detected a discharge to
 ground water are required to monitor
 indicatot parameters until a discharge is
 detected. Following detection of a
 discharge to ground water these
 facilities and those facilities which had
 previously detected a discharge to
 ground water during interim status are
 required in these proposed regulations
 to monitor the quality of the
 contaminated ground water as it-
 migrates from the facility. The results  of
 this ground:water quality monitoring are
 then to be compared with the ground-
 water quality provisions of the  facility
 permit. Although the Part 265
 requirements include a waiver
 provision, no similar provision is
i included in these proposed
 requirements. The specific aspects of the
 facility ground-water monitoring system
 will be defined in the facility permit.
   2. Ground-wafer monitoring system—
 § 264.91. As hi the Part 265 regulations
 the minimum indicator monitoring
 system is specified as  at least one .
 monitoring well located upgradient of
 the waste management area and at least
 three wells located at  the downgradient
 limit of the waste management area. The
 proposed requirements also specify that
 if the described system is inappropriate
 at a given facility then a different
 system for detecting discharges to
 ground water must be installed and will
 be specified in the facility  permit.
 Facilities monitoring the quality of the
 ground water following detection of a
 discharge to ground water are required
 to install ground water following
 monitoring wells at the downgradient
 limit of the waste management area to
 "provide samples of contaminated ground
 water at that point and additional
 monitoring wells further downgradient.
 By requiring two downgradient groups
 of monitoring wells, facility owners and
 operators can measure changes in
 ground-water quality  over distance and
 time. The facility permit will contain
 prediction of the quality of ground water
 and the information obtained from these
 wells will be compared against those
 predictions.    •
    3. Sampling and analysis—§ 264.92.
 The Agency has published a
  "Procedures Manual for Ground-Water
 Monitoring At Solid Waste Disposal
 Facilities," EPA-530/SW-611,  August
  1977 and a manual on "Method for
  Chemical Analysis of Water and  '
  Wastes," EPA-600/4-78-020, March
  1979. These manuals  discuss sampling
  and analysis procedures and are
  applicable to the requirements of this
  section.
  Similar to the Part 265 requirements
the proposal requirements identify the
preferred four indicator parameters: pH,
specific conductance, total organic  •
carbon and total organic halogen. If
other suitable indicator parameters are
to be used they will be specified in the
facility permit. Unlike the Part 265
requirements, the ground water need not
be analyzed for NPDW standards nor
selected ground-water quality
parameters. This type of ground-water
quality information will be available
from previous monitoring or the facility
permit application. As in Part 265,
background indicator parameter  •
concentrations are to be established for
one year and used for future
comparisons. Also different from the
Part 265 requirements, ground-water
monitoring is to be performed on a well
by well basis since the indicator
monitoring will only be performed at
new (uncontaminated) facilities or
interim status facilities which have not
detected discharges to ground water.
Sampling and analysis requirements for
ground-water quality assessments and
predictions will be specified in the
permit for the particular facility.
Ground-water elevation determinations
are required at,all facilities to maintain
a check on the water table gradient and
direction.
   4. Preparation, evaluation, and
response—% 264.93. These proposed
regulations require that owners and,
operators evaluate the indicator
monitoring data to detect discharges
utilizing the techniques included in the
Part 265 requirements, the student's
 t-statistic is recommended but other
 suitable techniques are acceptable.
 Once a discharge to ground water has
 been detected and confirmed an owner
 or operator must implement a ground-
 water contamination assessment
 program. Under this program the extent,
 rate, and predicted migration of ground-
 water'contamination must be
 determined and compared to the
 predicted allowable ground-water
 contamination specified in the .facility
 permit. Once the ground-water
 contamination program has been
 implemented at a facility, annual
 comparisons between predicted and
 measured ground-water quality must be
 performed. On a tri-annual basis the
 anticipated impact of the  facility on
 downgradient ground-water quality
 must be repredicted and reported to the .
 Regional Administrator. The report on
 the reprediction of the impact on
 downgradient ground-water quality may
 cause the Regional Administrator to
 review the facility permit.

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VoJ' 46' N°' 24
                                                               y, February 5,  1981 / Proposed Rules
                                                                          11141
    5. Recordkeepiitg and reporting—
  ,§ 264.94, As in the Part 265 regulations,
  records of ground-water monitoring
  must be maintained throughout the
  operating period and the post-closure
  period. In addition to the report of
  ground-water monitoring included in the
  annual report, reports of evaluations are
  to be submitted in accordance with
  specific requirements of these proposed
  regulations.           "
    6. A Jr emission monitoring. Oa
  December 18,1978, the Agency proposed
  air emission standards for treatment and
 • disposal of hazardous wastes {43 FR
  59008). Based on a number of comments
  and the Agency's own analysis, the
  Agency expressed concern about the
  proposal which included definition of
  volatile waste solely in terms of its
  vapor pressure and use of the OSHA
  levels for allowing variances. The
  Agency discussed some aspects of the
  comments and the seasons for such
  concern in the Preamble to the Interim
  Status Standards for volatile waste on
  May 19,1980 (45 FR, 33186). The Agency
  is continuing its investigations of     .
 . alternatives to the problem of hazardous
  air emissions from land disposal
  facilities.
   The Agency recognizes that 1he
 • potential of hazardous air emissions at a
  land disposal iaeility should foe
  evaluated prior to the issuance of
, permits. The evaluation will ebnsist of
  long-term and short-term effects upon
  human health and the environment
 based on the ambient air analysis.
 Information .relating to the quantity of
 hazardous air quality air emissions, and ~
 the toxlcity of volatile compounds, .and
 consideration of control measures will
 be required. Ambient air monitoring
 • data which will provide the basis for
 evaluating the impact of hazardous air
 emissions from- a  land disposal facility
 to the downwind public will also be
 required. The Agency believes that a
 mechanism should be established to   '
 confirm and update the evaluation
 which is performed based on the state of
 the art methodology, and that the
 ambient air.monitoring data can be
 sufficiently used for tills purpose,  .
   Within this framework, the'Agency
 proposes to require the owner or
 operator of a land disposal facility to
 monitor .the upwind and downwind
 ambient air quality at or beyond the
 waste management area, and to
 evaluate the potential of hazardous air
 emissions at Ms fadliiy.The proposed
 requirements will provide a  flexibility
 for making a case-by-case determination
 of the facility impact based on the best
 engineering judgement of the permitting
 official. This will render a higher degree
     of control in the area of high background
     concentrations, and vice versa. •    V
       The cost of the ambient air monitoring
     will vary depending upon frequency of
     monitoring,and the number of specific   :
     constituents to fee analyzed. The owner
     or operator may select the monitoring  Ll
     technique and procedure {including the
     type of contaminants to be analyzed]
     suitable to his applications, subject to
     review by the Regional Administrator. A
     summary description of, and support for,
    .the recommended evaluation procedure
     for assessing the downwind impact can
     be found in "Land Disposal Toxic Air
     Emissions Evaluation Guideline."
      The waste management area will be
     defined in the permit Migration of
    hazardous waste constituents and
    byproducts from this area may violate
    the requirements of the permit and
    necessitate the reevaluation of the
    original assessment of the risk to. human
    health and the environment from air
    emissions. The owner or operator will
    develop a plan to detect the location of
    a gaseous release migrated from the
    waste management area. The Regional
    Administrator will review the adequacy
    of the plan during the permitting
    process. If monitoring detects the
    release of total hydrocarbons or
    halogenated compounds (which are used
    as an indicator for toxic chemicalsl
    further analysis for each constituent of
    the hazardous air emissions at the
    location will fee required.
      y. Applicability—§ 264.30. Improperly
    designed and operated facilities treating,
    storing, or disposing of hazardous waste
    could result in significant emissions of
    hazardous waste constituents «or
    decomposition byproducts into the
    atmosphere. The general approach in the
    proposed regulation is to require die
    owner or operator of a facility from
    which hazardous waste constituents or
    decomposition byproducts are emitted
    into the atmosphere to establish an air
    monitoring system to measure the effect
    of'the facility on ambient air quality.
    Gaseous releases may occur where the
    waste is placed or could be released by
    leachate from another location based on
    leachate migration and volatilization,
    leachate decomposition byproducts, or
    dissolved gases in the leachate. Gases
    may also migrate in the unsaturated
    zone or via ground water in the
    saturated zone. Ground water
    monitoring will effectively indicate ,
    leachate migration and the  possibility of
    gaseous emissions and migration via
    leachate and ground water. Maintaining
    the unsaturated zone asjequired in the
    air emissions section will detect gas
    migration from ihe waste. Both
    saturated and unsatnrated zone
   migration1 of gaseous emissions can •"•--•
   result in releases to the atmosphere or
   confined spaces (e.g., basements/
   sewers!) posing a potential threat to  . :
   human health and the environment:  :
    8. Air emission'monitoring system-^- "
   § 264.95. This;sectibn contains   '    ! • •;'
   requirements fora system to monitor"  ''
   ambient air quality and gaseous
   emissio'ns. The ambient air monitoring
'   system will consist, of ambient air
   samplers at upwind and downwind
   locations,  iind instruments to gather
   meteorological data. The ambient air
  monitors must be installed at or beyond
   the limit of the waste management area-
  as specified m the facility permit
    Sinultaneous monitoring of the
  upwind and downwind ambient air
  quality, taldng wind direction and speed
  into consideration, will yield
  information on the site-specific
 • background and downwind
  concentrations, to enable evaluation of
  the net impact of the facility on the
  atmospher«. Two monitors at the   \'""'.-•
  upwind and downwind locations would
  constitute fee  tare minimuin number.
  The installation may be permanent,
 portable, or a  combination of these. The
 number and location of the monitors will
 be dependent  upon the size of a facility,
 meteorological conditions, prevalent
 winds, and the surrounding population
 density and distribution. Since the
 ambient monitoring data will ultimately
' play a majcir role in assessing the impact
 of the facfiiiy emissions of the    '
 downwind public, it is important to have
 a sufficient number, of monitors in the
 direction of She population.          ;"
   Meteorological data are needed to
 facilitate the interpretation of the
 ambient monitoring data. The major part
 of this interpretation should include the
 background concentration, validation of
•prediction,  and the assessment of
 ambient air quality impacting public
 health and 1he environment. For most of
 facilities or a reasonable size, one wind
 direction and speed indicator would
; provide data sufficient for indication of
 wind direction and speed. Such
 meteorological data are also available
 from the National Climatic.Center in
 Asheville, rjtorth Carolina, Other
 meteorological information such as
 stability claiss necessary in the
 evaluation may fee monitored or
.collected to'indrease the accuracy of the
 meteorological parameters.
   When a niumber of facilities are
 located in the same waste management
 area, the facilities affected by the
 proposed regulation may "be monitored
 individually or  as a whole. In "either case
 the number  land location of monitoring
sites must provide the kind  of data .that
can be used for subsequent analyses     -

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1M12        Federal Register / Vol 46, No.  24 / T^f.^-Jf^f^!7 ,5'J198^!
and evaluations. It is important that the
background concentration be
established for each upwind monitoring
site to derive a net effect of a facility.
  The apparatus used for ambient air
sampling of hazardous waste
constituents and byproducts is available
commercially and can be purchased as a
package unit. If the owner or operator
owns or operates some other kind of
ambient air sampler, he should
investigate the possibility of using the
unit by adapting a sample collection
device for collection of hazardous waste
constituents. Although the analysis for
the purpose of this regulation will be
primarily directed towards individual
constituents, indicators such as total
hydrocarbons may have to be purchased
for on-slte usage, or the samples may
have to be analyzed by an analytical
contractor.
   The portable hydrocarbon analyzers
for use in detection of the location of the
migrated air missions as required by
paragraph (c) of this section are also
commercially available. Depending upon
the particular requirements, the owner.
operator may utilize the detector for
total hydrocarbons or total halogenated
compounds. The former apparatus
operates on the principles of analyzing
 carbon compounds, the later operates on
 the principles of photoionization of
 halogenated compounds.
   9. Air emission sampling and
 analysis—1864.33, This section
 addresses requirements for developing a
 plan to monitor ambient air quality. The
 plan shall include procedures and
 techniques for sample collection, sample
 preservation and shipment, analytical
 procedures, typo of contaminants or
 hwtrdous constituents to be analyzed,
 meteorological data, and the chain of
 custody control The description of the
 apparatus and the type of adsorbent if
 used shall also be contained In the plan.
   The analytical procedures shall not
 only address the methods of analysis,
 but also the subject of quality control
 and assurance to increase its accuracy
 and precision. Although the ambient air
 sampler wiU bs able to collect most or
 all of hazurdous waste constituents or
 decomposition byproducts tat the waste,
 It may ba unreasonable to analyze for s
 nil of th® collected hazardous
 components. The owner or operator will
 consider the quantity of a constituent in
  the waste, its volatility, and toxicity in
  arriving at the type and number of
  constituents to be monitored. The type
  and number of hazardous components
  analyzed may require periodic
  adjustment depending upon the change
  of operational modes at a later date. In
  addition to monitoring of specific
  constituents, monitoring of indicators
may be necessary to quantify the
emissions and ambient air quality
relating to other adverse health effects.
  Paragraph [b)(2) of this section
requires, as a minimum, four sets of
ambient data to be obtained during a
period of three months.'Since the
samples at the upwind and downwind
locations will be taken simultaneously,
this corresponds to a sampling
frequency equivalent of four times a
quarter. The length of each sampling
will be of such duration that the
concentration can be accurately
measured at the detection limit of the
instrument. The importance of sampling
at theoretical upwind and downwind
conditions is to simplify the subsequent
analysis and to alleviate any inaccuracy
in ascribing the net contribution. The
wind condition will invariably be a
 factor hi the alignment of the monitors.
The measurements should preferably be
 performed on an equal interval during a
 quarter period. This contrasts to an
 extreme situation where all
 measurements can be completed in a
 matter of a day, for instance. The
 measurements need not be done at the
 time of a maximum emission rate but it
 should reasonably reflect a
 representative case of emissions, and
 should not result in ambiguity in
 ascribing the net air quality effect of a
 facility.
   If the owner or operator wishes, he
 may institute ambient air monitoring at
• a frequency greater than that required in
 paragraph (b)(2) of this section. The
- advantage would be improvement in the
 statistical significance of the results,
 since the sample sizes are increased.
   The substance of paragraph (c) of this
 section has been discussed previously.
 The requirement includes detection of
 the location of migrated gaseous
 emissions using portable detectors, but
 does  not include additional
 quantification of ambient air samples.
 This aspect of quantification is
 addressed in a later section. Because the
 response signaling such detection would
 be dependent upon the wind condition,
  the wind condition must be monitored
  any time the monitoring for the
  detection is carried out. The owner or
  operator may develop a strategy for the
  monitoring that will make it
  unnecessary to walk through the vast
  area on the outskirt of the waste
  management area. The hydraulic and
  geologic consideration in leachate
  migration and groundwater transport
  may provide a basis for deriving a
  scheme of investigation. The.
  investigation of migration by hazardous
  gas itself may require consideration of
  pressure gradient in the soil. In cases
such as capped facilities, it may be
necessary to walk through the general
area on the outskirt of the waste
management area.            ^
  The frequency of the monitoring for
detection of gaseous release is twice a
year, generally one person will carry
the sniffer for detection and another
person will accompany him to record
the area of investigation, the
background reading, identification of the
location and object, and responses
indicating'such detection. The length of
monitoring will depend upon the area of
investigation and the efficiency of
performing the planned strategies but it „
should not require more than a week
period for each monitoring effort.
   10. Air emission evaluation and
response—§ 264.97. Under the
requirement of paragraph (a) of this
section, the owner or operator of a
treatment, storage, or disposal facility
must evaluate the extent of emissions of
hazardous waste, its constituents or
decomposition byproducts, and predict
the ambient air concentrations at the
downwind monitoring sites based on the
rate of emissions from the facility and
the background ambient air
concentration. The guidance manual
 explains the recommended methods for
 estimating the emission rates from
 surface impoundments, landfills, and
 land treatment facilities, and for
 predicting the ambient air concentration.
 impinging on  the monitoring receptor.
 The estimated rate of hazardous air
 emissions can be further verified
 experimentally, but it is not required for
 the purpose of prediction. The screening
 technique described in the manual is
 considered sufficient for such prediction.
 More sophisticated dispersion models
 are available. Reference to a
 computerized model can be found  in the
 guidance manual.
    The data obtained from the ambient
 air monitoring system in accordance-
 with the previous sections can be used
 in several ways. Since the predicted
 value on ambient air quality at the
 monitoring site should be compared
 with the ambient air monitoring data,
 the values of the parameters used  in, the
 prediction should be consistent with the
 conditions prevailing at the time when
 the ambient air sampling was
 performed. The comparison between the
* predicted and monitored values shall be
 included in the annual report. If there is
  a significant difference between the two
  values, the evaluation should be
  reviewed as to its correctness especially
  with respect to the estimated emission
  rates used in the prediction. The manual
  describes the quantitative relationship
  of the emission rates and other

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                Federal  Register'/ 'Vol- .46,- No. 24 / Thursday,  February 5, 1981 /Proposed Rules
                                                                       111®
  parameters with the downwind ambient
  air concentration.         •
    The requirement for estimating the
  impact of a facility on public health and
  the environment is addressed in  -._'...
  paragraphic] of this section. The  :
  comparison to be made in accordance
  with paragraph{b] of this seciionis
  tantamount to a scheme to calibrate the
  predictive models and to take corrective
  measures if necessary. Such models will
  be used to predict the anticipated effect
  on the downwind public. The prediction
  shall be repeated annually aridjnaust
  include at a minimum, the -worst    •   •
  condition, quarterly, and annual effects.
  The recommended procedure for the
  prediction is described In the guidance
  manual.
    Corrective action to reduce the rate or,
  quantity of hazardous air emissions
  should be required to the extent -'..'
  necessary to protect human health and
  the environment based on the ambient
  air quality monitoring and analysis. In
  addition to carcinogenic evidence, other
•  health effects of hazardous constituents,
  including acute toxicity, mutaganicity,
  terategeiuGiry, bioaccumulaMveness,
  persistency, and formation of
  photochemical oxidants must be	
  considered in the impact assessment In
  the area where the ambient air quality
  of photochemical smog is not presently
  acceptable, the air quality evaluation
  should also address the need for control
  of total hydrocarbons to ihe extent
  possible to prevent further deterioration
  of ihe oxidant level.       ' •
   The consideration of these factors will
  lead to an allowable ambient air
  concentration impacting the downwind
  public and environment/The guidance
  manual explains the method of
  evaluation and the factors to be
  considered. The allowable ambient air
  concentration specified in the facility
  permit will be compared with the
  anticipated effect Such comparison will
  be made available to the Regional
  Administrator in the annual report as
  required in paragraph {d] of this section.
  If the comparison shows a non-
  compliance of the predicted impact on
  the ambient air quality with permit
 provisions, the owner qr operator must;
 determine whether the hazardous air
 emissions can be reduced and include in
 the annual report the proposed
 modifications to the'facility to bring it
 into compliance with allowable  ambient
 air concentrations.
   Paragraph {fj of this section addresses
 requirements for a plan to institute a
 detection system in accordance with
 § 264.97{cJ and § 264.98(c], and capable
 of assessing the effect on ambient, air
 quality when the detection of migration
 occurs. Once such a location is detected;
 the indicators can no longer be 'used for
 quantification of hazardous waste .
 constituents. The plan must include
 techniques and procedures for sample
 collection, frequency of sampling,  ; - • :
 sample preservation and shipment,
 analytical procedures, quality, control :
 and assurance measures, and chain of
 custody controLThe plan must also
 address the remedial measures to
 respond to short-term or long-term -;
.contamination and health effects. The
 anticipated effect of migrated emissions
 on the nearby population must be fully
 assessed when detection occurs.
   The air and area contamination
'assessment programs is in essence a
 collection of the plans which will be
 used for the implementation of the
 detections system, and which will fully
 assess the air and area contamination if
 and when gaseous migration from tie
 waste management area occurs. If a
 gaseous release is detected the
 assessment plan must be implemented,
 as required in paragraph {g] of this
 section. The owner or operator jnust
 pursue further evaluation of the
 contamination regarding quantification
waste 'constituents and prediction of its
impact. The results of the assessment
 along with the comparison with the
provisions of the facility permit must be
provided to the Regional Administrator.
 '  U. Air emission record-keeping and
reporting— § 264&S. This Section
addresses requirements for keeping
records and reporting the results of the .
ambient air monitoring, the system for
detection of migrated -emissions, and the
evaluations. Such requirements are
addressed in discussing each applicable
section. This section represents a
summary of the requirements.

D. Subpart K — Surf ace Impoundments  •
  Today's publication of regulations for
.surface impoundments under Subp'art'K
of Part 264 is applicable to all facilities
which are defined as surface
impoundments in §' 260.10. These
facilities may be categorized as follows:
  (1) Those surface impoundments
which are used solely to treat or store
hazardous waste and which ase a
double liner containment system
designed and operated in accordance
•with |§ 264.221(f],264.222(c} and 264.223
  {2} Those surface impoundments
which treat or store hazardous waste
and use.a single liner system; and
  (3) Those surface impoundments
which treat or store hazardous waste
and then dispose by not removing all
hazardousjwaste or hazardous waste  " ,
residue or by leaving the waste in place
at closure.
    These ;laciliiies are designed to
  prevent discharge into the land and
  ground water, and to surface waters
  (except discharges authorized by an
  NPDES permit). Facilities which are,
  designed to discharge into the land are
  'defined a;s seepage facilities and are.    ,
  subject tc> the proposed SubpartR .   ".'
  regulations:  •
    Owners! and operators of, new surface
  impoandiiftenis that are not designed to
  prevent discharge intoJhe land to
  comply with this Subpart will'not be   •
  permitted as a surface impoundment,  .
:  and existing surface impoundments that
  are not brought into compliance-with
  these regulations must be permitted as a
  seepage facility under Subpart R, remain
  on interim status subject to Subpart K of
  Part 265, or close.                    ;
    Surface impoundments {also known
  as pits, pciridSj of lagoons] are designed
  to hold liquid wastes and wastes   :
  containing free liquids. Leakage to
  ground water generally poses the most
  serious threat to human health and the
  environment from impoundments, but
  air emissions from volatile wastes
  (today being addressed in/§ 264.90] and
  surface water contamination as a result
  of overiopiping Ihe impoundment or dike.
  failure can also be serious problems.
    The Agency promulgated regulations
 'for a limited subset of facilities called "
  surface impoundments on January 12,
  1981, (48 ¥R ,2868-2370} addressing ' •
  ground water and surface water
  concerns^ the general approach was to
  require primary containment and
  inspection..
    Surface water concerns were
  addressed by standards which prohibit
  overtopping the impoundment, require
  maintenance of a specified freeboard,
  require that the structural integrity of
  dikes be certified by a qualified engineer
  and preserved by protection from
  perennial woody plants and burrowing
  mammals and by protective cover, and
  require insipeenoris at specified     .    •-
  frequencies. In addition, the regulations'
  required a device or method to shut off
  waste flow into ihe impoundment, and  .'
  the. diversion of run-on away from
  impoundments. Above ground
  secondary containment was not
  required and inspection is used to
  ensure that actual or potential discharge
  is readily identified and corrected..
    Ground'water concerns were
  addressed by standards which required
  a primary liner system in contact with
  the .waste designed to prevent discharge
  from the impoundment during the life
  (i.e., active! life and closure period] of.
 the facility, to meet certain performance
 requirements, and appropriate
 inspection and testing was required
 during construction and installation. A

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11144         Federal Register / Vol. 46. No. 24 /Thursday, February 5, 1981 /  Proposed Rules.,
Itaehate de-lection, collection, and,
removal system beneath the primary
liner system waa also required to detect
failure of the primary liner system and
to prevent discharge into the land. This
system wait to be inspected at least once
each operating day and operated to
remove any liquids which accumulate in
It, A containment system evaluation and
repair plan, to be Implemented in the
event of a Hner failure or evidence of a
possible liner failure, must also be
prepared.       ""
  Today's regulation provides
additional regulatory guidance for single
Hner surface impoundments including
those which dispose of hazardous
wastes by leaving wastes or waste
residues in place at closure. A single
Hner surface impoundment, including
those which are designed to be closed
without removing the waste or waste
residues, is a land disposal facility as
defined In SI 200.10 and 284.19. A
surface impoundment which is a land
disposal facility must be analyzed in
accordance with  the generic land
disposal facility requirements (See
51284,2,264.20, and 284,21)
   i. Applicability—§ 264.220. The
regulations in this subpart apply to
owners and operators of facilities that
use surface impoundments to treat or
sto» hazardous waste and are an
expansion of the regulations (46 FR
286&-2870) which applied only to surface
Impoundments which are used solely for
storage or treatment. Although disposal
may occur at some of the facilities
which could be permitted under this
Subpart, these regulations do not apply
 to facilities which are designed to
 discharge wastes into the land. Facilities
 which are designed to discharge into the
 land during their active life are defined
 as seepage facilities and are subject to
 the proposed Part 204, Subpart R
 regulations.
   2, General design requirements—
 I SS4£21. Changes to the regulatory
 language include a specific exemption
 from the requirements of Subpart F for
 thoie storage or treatment and storage
 impoundments which comply with
 § 284.223(1)). These facilities by virtue of
 their double liner containment system
 provide internal monitoring of any
 escaping leachate. Furthermore,
 facilities which comply with § 264.223(b)
 and which are used solely to treat or
 store hazardous waste are not used for
 disposal and therefore do not require the
 analyses specified for land disposal
 facilities.
   3. Closure—§ 284.228. Closure of a
 surface impoundment which will be
 used solely to treat or store hazardous
 waste includes removal of all hazardous
 waste and hazardous  waste residues.Tf
the surface impoundment is to be
designed to close with hazardous waste
residues remaining, authorization must
be obtained in the facility permit. As
stated before, a single liner surface
impoundment, including those which are
designed to be closed without removing
the waste residues, is a land disposal
facility and must be analyzed in
accordance with the generic regulations.
The authorization to close with waste
residues remaining comes from the
analysis required by and compliance
with the generic land disposal facility
regulations.
K Subpart L—Waste Piles
  Today's publication of regulation for
waste piles under Subpart L of Part 264
is applicable to all facilities which are
defined as waste piles in § 260.10.
  The Agency promulgated regulations
for a limited sub-set of facilities called
waste piles on January 12,1981, (46 FR
28^0-2872) addressing ground water and
surface water concerns. The general
approach was to require primary
containment and inspection.
  These regulations have been generally
adopted for today's publication. Several
revisions were, however, made to
principally address situations where
closure with wastes or waste residues
remaining is anticipated. A brief review
of these changes follows.
  1, General design requirements—
§ 264.251. Paragraph (b) of § 264.251 has
been revised to ,delet§ mention of
ground water. The generic regulations
will, after comprehensive analysis and
documentation, allow discharge to
ground water where human health and
the environment are not threatened.
Direct discharge to surface water will
still be prohibited without an NPDES
permit.
   Paragraph (c) of §  264.251 has been
added to clarify the distinction between
waste pill which are used for storage or
for treatment and storage, and those
which will allow discharges to ground
water and/or surface water (disposal).
Those which will be used solely for
storage or storage and treatment "must
have a containment system complying
with § 264.253. This includes a leachate
and run-off collection and control
system; and either an impermeable liner
 capable of containing the waste and
 associated leachate, and any equipment
 to which the liner may be exposed; or if
 the liner is not of sufficient strength to
 prevent failure due to physical damage
 from equipment used in pile operation, a
 leachate detection, collection and
 removal system to remove any
 discharge.
   Changes to the regulatory language
 also include a specific exemption from
 the requirements of Subpart F or those
 storage and treatment waste piles which
 comply with § 264.253. Monitoring of
 escaping hazardous waste or hazardous
 waste residues is achieved by either a
 double lined containment system with
 leachate detection, collection, and
 removal or periodic removal of the
 waste pile and testing of the underlying
 base to ensure that it.hasjiot
 deteriorated to the point where it is no
 longer capable of containment, is
v already leaking or is otherwise is
 disrepair (see § 264.254(b) and (c)).
   2. General operating requirements—
 § 264.252. Certain waste piles will be
 permitted to discharge to surface and
 ground water during the life of the pile.
 Permission to discharge, or rather not
 requiring that discharge be absolutely
 prevented, will be based on the
 information required in  the owner or
 operator's application. Section 264.252(c)
 has been revised to emphasize that
 leachate and run-off must be collected
 and controlled unless authorized by the
 permit for the facility.
   3. Inspection and testing—§ 264.254.  '
 To ensure that hazardous wastes or
 hazardous waste residues are riot
 escaping from the waste pile, periodic
 inspection of wind dispersal, run-on and
 other waste containment sytems must
 be effected. As previously stated,
 inspection of the waste pile base may be
 omitted if the pile has a leachate
 detection collection and removal system
 as specified in ? 264.253(a)(3) (see also
 preamble discussion of General Design
 Requirements).
   _4. Closure and post-closure—
 § 264.258. Closure of a waste pile which
 will be used to treat or  store hazardous
 waste will require removal of all
 hazardous waste and hazardous waste
 residues. If the waste pile should be
 designed to close with hazardous waste
 residues remaining, authorization must
 be obtained in the facility permit. Those
 which are designed to be closed without
 removing waste residues are land
 disposal facilities and must be analyzed
 * in accordance with the generic
 regulations. The authorization to close a
 waste pile with hazardous waste
 residues remaining is determined from
 the analysis required-by and compliance
 with the generic regulations.

 F. Subpart M—Land Treatment
   Land treatment implies that the land
 or soil is used as a medium to treat  .
 hazardous waste. The regulations reflect
 EPA's philosophy that applying
 hazardous waste to the soil is a waste
 management practice reserved for those
 waste streams that can be successfully
  treated in a soil system.

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Vol.46, No.  24 '/ Thursday, '
                                     5,' 1981  ,/Prpposed Rules:
                                                                                                               11145
   The Agency does hot consider land
  treatment to be an experimental
  disposal practice. There are certain risks
  and uncertainties associated with land
  treatment just as there are with other.
  hazardous waste management practices.
  It would be inappropriate to interpret
  the comprehensive monitoring
  requirements for land treatment
  facilities as being a measure of the
  uncertainty associated with the practice.
  Rather the monitoring requirements are
  comprehensive because land treament
  facilities rely on dynamic physical,
  chemical,  and biological processes
  occurring in the soil to degrade and
  immobilize waste constituents.   " ',.
  Monitoring to the degree required by
  this regulation, provides the data
 necessary to evaluate the performance
  and hence determine environmental
 protection. The Agency considered
 many of these'same monitoring
 requirements for landfills and surface
 impoundments, but decided against;
 them because1 of the difficulty of their
 employment in those  situations.
   The Agency believes that land  ,
 treatment is a viable waste management
 practice for selected solid and
 hazardous wastes and can be a more
 effective disposal option than landfilling
 or incineration.
   1. Applicability—§264.270. These
 requirements "apply to all facilities used
 for the land treatment of hazardous
 waste. A land treatment facility'is.a
 facility at which hazardous waste is
 applied onto or incorporated into the
 soil surface.           ;
   2. General operating requirements-r-
 § 264,272, The General Operating
 Requirements for control of run-on and
 run-off remain unchanged from the
 interim status version published on May
 19,1980. The rationale for these
 requirements is discussed in the May 19,
 1980 land treatment preamble (45 FR
 33205 etseq.}.                  -   ^
   Si Waste analysis—§ 264.273
 (Reserved). The requirements forWaste
 Analysis have been deleted because this
 section was thought to be redundant;
 with the requirements order § 26413,
 General waste analysis, and the
 information requirements of § 264.21. An
 owner or operator is required under
 § 264.13 to analyze the waste to the  '
 extent" necessary to land treat the waste,
 and under  § 264.21 to  define the
 hazardous  waste(s) that will be land
 treated and predict the mass rate of
-hazardous  waste and decomposition by
 products that are expected  to leach or
 otherwise escape from the site.         :
   Given these requirements and the
 comprehensive waste.analyses needed,
 to comply with them, the Agency felt the
 waste analysis requirements pf § 264.273
 were unnecessary.  :
   4. Food-chain crops—§ 264:276. Under
 Part 265,278' of the Interim Status
 Standards, published in the Federal
 Register as Interim Final May 19,1980,
 the Agency permitted the growing of
 food-chain crops on active portions
 (treated areas) of hazardous waste land
 treatment facilities provided that certain
 requirements are met. This was a
 change from the proposed Interim Status
 Standards which prohibited growing
 food-chain crops.
   Commenters objected to this ban,
 suggesting that some crops on active
 portions of hazardous waste land
 treatment facilities could be grown on
 treated soil without endangering human
 health. Instead of a ban, commenters
 suggested_alternatives such as
 specifying "safe" application rates to the
 soil, and monitoring crops for their.
 uptake of hazardous constitutuents. The .
 Agency also received comments
 suggesting that the ban was inconsistent
 with the regulatory approach taken to
 protectfood-chain crops under Subtitle   '
 D of RCRA. Those regulations were
 finalized as the "Criteria for
 Classification of Solid Waste Disposal
 Facilities and Practices" (The Criteria,
 40 CFR Part 257), on September 13,1979.
 The Criteria prescribed annual
 application rates and limits on
 cumulative loadings for cadmium based
 on the specific, health risk, and
 treatment requirements for wastes
 containing PCB or pathogens.
 Commenters argued that the application
 of some hazardous wastes to food-chain
 crops present no greater risk than such
 practice with some non-hazardous  •    .
 waste.              -    ''.-:-.
   The decision to permit food-chain
 crops to be grown on treated areas
 during the interim status period is based
 on the premise that where there is
 convincing evidence that such crop
 growth-is safe, it would be unjustified to
 prohibit it. Such would be the case
 where it is demonstrated that hazardous
 constituents in a particular waste may
 not be taken up by certain food-chain
 crops, or after a period of treatment the
 constitutents may degrade into products
 non-hazardous to humans. However, the
Agency still maintains that there is little
real need to grow food-chain crops at
land treatment facilities. The small
 amount of land used for land treatment
represents a negligible portion of the
total productive land available for crop  '
growth in this country. Furthermore,
there are other productive uses pf the
land, such as for ornamental horticulture
and growth of fiber crops or other non-  '
foodcrops.      ; ••;••.  '> •-,-'••.••• ,-'
                                              Since the1 Agency decided that ;   "'•'••
                                            prohibiting food-chain_crop growth on
                                            treated areas of land treatment facilities
                                            could not be justified, it was necessary
                                            for the Agency to' adopt an approach  ;. '
                                            that would.perrriit food-chain crops to be
                                            grown and at the same time assure, that
                                            public health would be protected. The
                                            Agency carefully examined the
                                            suggestion made by commenters of
                                            specifying "safe" application rates.
                                            However, this approach was rejected by
                                            the Agency, because the existing data
                                            base on rates of crop uptake of'
                                            hazardous substances were not
                                            comprehensive enough to permit the
                                            Agency to specify safe application rates.
                                            Also, regulation by corp monitoring was
                                          . considered limited by the fact that safe
                                            levels of most hazardous substances  in
                                            crops had not been determined by the
                                            Food and E'rug Administrationi the
                                            Department of Agriculture, or the
                                            Environmental:Protection Agency.
                                            These inadequacies which have been
                                            pointed out-with"the "safe" application
                                            rates approach still exist today.
                                              While 'the' Agency did not yet have a
                                            clear specif ication of the "safe" level of
                                            contaiants in food crops, it assumed that
                                            the level of such contaminants present
                                            in food crops not grown on waste
                                            amended soils is acceptable. Based on
                                            this assumption, the Agency devised a
                                            two-part test to determine whether food-
                                            chain crop jjrowth on land treatment
                                            facilities was acceptable. Prior to
                                            growing a crop for market.on soils thai
                                            have received hazardous waste, the
                                            owner or operator must document that
                                            hazardous waste constituents in the
                                            waste, as w;ell as arsenic, lead, and
                                            mercury, would not (1) be transferred to
                                            the edible portion of the crop by plant
                                            uptake or that'll would not (2) Occur in
                                            greater concentation in the crop than in
                                            crops grown in the same region on
                                            similar soils: which have not, had wastes
                                            applied. •  '\
                                              Also, the owner or operator must use
                                            actual field studies or "the crop for
                                            comparative purposes. The conditions
                                            under which the comparable crops are
                                            grown must-be similar to the conditions ,
                                            found at the facility. For example, soil
                                            type, soil moisture, soil pH, and soil
                                            nutrients, must be similar at both the   :
                                          .  facility and the control sites. The owner
                                            or operator must also document the
                                            sample selection criteria, sample size
                                            determination, analytical methods, and  -
                                            statistical procedures used to make the
                                           'demonstration. In order  to determirie  ;•.
                                            compliance prior to waste application
                                            the owner or operator must pre-test a  .,'
                                            sample crop, using the type of waste and -,;
                                            application .rate that wjll be used at,the
                                            facility.

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11148        Federal Register / Vol. 46, No.  24 / Thursday, February 5. 1981 / Proposed Rules
  The Agency also examined the
approach used in the "Criteria for the
Classification of Solid Waste Disposal
FaclliUes and Practices" and concluded
that the limits developed in these
regulations for cadmium should be
Incorporated into the Interim Status
regulations.
  The Criteria include two approaches
for the land application of wastes .
containing cadmium. Control of the pH
of the waste and soil mixture; animal
cadmium application limits that are
reduced over timet cumulative cadmium
application limits based on soil cation
exchange capacity (CEC); and a
restriction of the cadmium concentration
in waste applied to facilities where
tobacco, leafy vegetables and root crops
are grown.
  The second approaceh allows
unlimited application of cadmium
provided four specific control measures
are taken. First, the crop grown can only
be used as animal feed. Second, the pH
of the soil must be maintained at 6.5 or  ,
above for as long as food-chain crops
ore grown. Third, a facility operating
plan must describe how the animal
owners are provided notice [through
provisions in land records or property
deed) that there are high levels of
cadmium in the soil and food-chain
crops should not be grown.
  The Agency does not believe,
however, that the Criteria sufficiently -
address the broad range of constituents
present in hazardous waste. Therefore,
the Agency decided to set additional
requirements that relate-to hazardous
constituents in waste applied as well as
other substances of concern (i.e.,
arsenic, lead, and mercury) because of
their effect on food-chain crops. These
additional substances were identified
because of their relatively high toxicity
to humans and evidence that they can
be taken up by crops.
   The Agency believes that the Interim
Status Standards adequately protect
public health, and therefore has adopted
a similar approach for the proposed
regulations under this section. However,
one section of the Interim Status
Standards has been modified for the
 purpose of this section. The modification
 is the deletion of the "phasing"
 approach for the annual application of
 cadmium. Uhder.thSs approach the
 annual application of cadmium is
 reduced over a set period of time. The
 time schedule starts from the present to
 June 30,1984 and allows 2.0 kg/ha of
 cadmium to be applied. From July 1,1984
 to December 31,1988 the amount is
 reduced to 1.25 kg/ha, and further
 reduced to 0.5 beginning January 1,1987.
   The cadmium limits promulgated
 under Subtitle D of RCRA are primarily
 aimed at controlling wastewater
 treatment sludges containing high levels
 of cadmium from beign placed on
 agricultural lands. The phased time
 period for the reduction of cadmium
 applied to agricultural lands is used in
 order to correspond with the
 pretreatment schedule that wastewater
 treatment facilities (POTW's) must  .
 meet, in accordance with the Clean
 Water Act, to reduce the amount of
 cadmium in their sludges. The Agency
 believes that by using the same time
 schedules, implementation of the
 regulation can be carried out without
 causing an undue hardship on operators
 of wastewater treatment facilities, and
 at the same time be assured that public
 health will be protected.
  Because the phased schedule for
 controlling the annual application of
 cadmium is oriented primarily towards
 wastewater treatment sludges, the
 Agency has decided not to incorporate it
 into the regulations under  this section.
 Instead the 1987 annual cadmium
 application rate of 0.5 kg/ha is used. The
 Agency feels that it is more appropriate
 to use the 1987 cadmium limits since
 most wastewater treatment sludges
 probably will not be classified as
 hazardous wastes, and to  apply the
 phased time period to waste other than
 wastewater treatment sludge .would be
 contrary to its original purpose."
 However, in the nature, the phased
 schedule for annual cadmigm
 application rate may be incorporated
 into the regulations under this section if
 the Agency finds that large quantities of
 wastewater treatment sludge are falling
 within the hazardous category- Also, it
 should be noted that the Agency is
 currently developing regulations under
 section 405 of the Clean Water Act that
 will address cadmium limits applied to
 food-chain crop lands. These
 regulations, when promulgated, may
 make it necessary for the  Agency to
 modify existing cadmium  limits in order
 to have consistency in its  approach to
. control the application of  cadmium to
 food-chain crop lands.
   5. Unsaturated zone (zone of aeration)
 monitoring—§ 264.278. The unsaturated
 zone monitoring requirements are
 essentially the same as the interim
 status requirements published on May
 19,1980. Some changes have been made
 to make the standards more clear and to
 be consistent with the requirements of
 §§264.21 and 264.96.
    In response to a possible
 misunderstanding concerning the May
 19,1980 regulations, the Agency has
 clarified when soil-core and  soil-pure
 water sampling is to be initiated. The
 proposed standards require that soil-
core sampling be initiated prior to waste
application, and that soil-pure water
sampling devices be installed prior to
waste application. The first samples
must be taken from the soil-pure water
sampling devices when sufficient "soil-
pure water is collected.
  These new requirements apply only to
new facilities since existing facilities
will already have initiated unsaturated
zone monitoring as required under
interim status.
  Changes made to the proposed
standards to make them consistent with-
the objectives of § 264.21 and 264.96
provide the owner or operator with a
more tangile unsaturated zone
monitoring design objective. Essentially
the owner or operator is required to
design and implement an unsaturated
zone monitoring plan which will
characterize the leachate that is
expected to leave the zone of
incorporation. In addition the monitoring
results must be able to substantiate the
predictions made under § § 264.21 and
264.96. These requirements are
admittedly onerous but the Agency
strongly feels that the owner or operator
must completely as possible understand
the effect his waste is having on the
unsaturated zone. This information will
be needed to both predict what effects
land treatment will have on the
groundwater, and determine what
variables need to be manipulated in
order to optimize the performance of the
site.
   Comments to the May 19,' 1980 interim
status unsaturated zone monitoring
requirements indicated a perferencefor
performance standards versus design
standards.
   This complaint is directed toward the
standard requiring the use of lysimeters.
Commentors felt that lysimeters hinder
the operation of heavy equipment and
they feel that soil core and groundwater
monitoring negate the need for soil-pure
water monitoring.
   EPA agrees that the operation of
heavy equipment at land  treatment
facilities may be hindered by the
placement of lysimeters. However, the
information gained from the use of
lysimeters greatly outweighs any minor
loss in land utilization of productivity.
   The information obtained form the
 analysis of soil-pore water, i.e., a
measure of the amount of hazardous
 constituents passing through the system,
 cannot be determined from soil cores or
 groundwater monitoring. Lysimeters are
 one way to measure this contaminant
 transport phenomenon, lined test cells
 are another.
   Unsaturated zone monitoring is more
 readily accomplished than ground-water
 monitoring. Lysimeters or lined test cells

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                Federal  Register / Vol. 46. No. 24 / Thursday.  February 5,  1981 / Proposed Rules
                                                                         11147
 are shallow and do not require a
 significant knowledge of the water table
 and ground water flow characteristics
 that is required for ground-water
 monitoring.
   Q. Recordkeeping— § '264.279. The "
 requirements for recordkeeping have
 remained unchanged from the interim '•.
 status standards published on May 19,
 1980. The reader is referred to the
 preamble discussion of 45 FR 33206 et
 seq.         -  .
   7. Closure and post-closure—
 §264.280. The closure and post-closure
 requirements have^been changed to
 allow the use of a qualied soil scientist
 to verify that the facility has been
 closed in accordance with the
 specification's in the approved closure
 plan.
   One commenter requested the above.
 change and the Agency agreed with the
 validity of the comment. A soil scientist
 will have an appreciation for the factors
 likely to influence the establishment of a
 vegetative coyer and the mobility of
 hazardous constituents in the soil. An
 engineer was not ruled out because of
 the possibility of a shortage  of qualified  ,
 soil scientists in any particular region.
   Some minor changes in wording were
 made to the closure and post-closure
 standards in order to make them
 consistent with the objectives of
 § 264.21. These changes, similar to those
 made to the unsaturated zone
 monitoring requirements, require that
 the owner or operator give major.
 consideration to characterizing the
 leachate leaving the zone of
 incorporation. The method by which a
 site is closed and the length of post-
 closure are dependent upon knowing the
 nature and extent of leachate leaving
 the zone of incorporation and the effects
 the leachate will have upon the
 groundwater.     •    -
  8. Special requirements for ignitable
 or reactive waste—§ 264.281. Comments
 to the May 19,1980 interim status
 standards indicated that it was  ,
 inappropriate to include § 264.281
 because land treatment of these types of
 waste is common practice and should be
 continued until promulgation of general
 facility standards which would allow
 case-by-case determinations.
  Handling ignitable and reactive
 wastes involves danger to personnel at
 the land treatment facility. These wastes
 present great danger of fire,
 spontaneous chemical reactions, and
 explosion. Even so, the regulation
 allows these materials to be land
 treated if these dangers can be   ,  ' • ,
eliminated by incorporation into the soil.
  Furthermore, a'dausehas been added
to the regulation in response to
comments allowing management of
  these wastes if they are protected from
  conditions leading to ignition or
  reaction. The Agency is unaware,
  however, how such ignition or especially
  reaction could be prevented in the open
  area of a land treatment facility unless
  the wastes were rendered non-ignitable
  or non-reactive.
   9. Special requirements for ignitable
  waste—% 264.282. The requirement that
 _ incompatible wastes may hot be placed
  in the same land treatment area unless
  the land process complies with
  § 264.17(b) has been retained and no
  wording changes have been made.
   No comments were received on this
  section of the regulations.
   10. Special requirements for classes of
 facilities—§ 264.283. The  standard
 requires that a land treatment facility
 have a minimum of two meters between
 the incorporated waste and the aquifer
 being or to  be used, (i.e., the historical
 high water  table for water table   -
 aquifers, or the bottom of the confining
 soils for artesian aquifers].
   Land treatment facilities which .
 discharge to an aquifer which in its
 entirety, is not and will not in the future
 be a source of water supply for any use
 (Class A Facility) are exempt. Land
 treatment facilities which discharge into"
 a portion of an acjuifer which is not or
 willnot be used in the future (ClassB
 facility) are also exempt.
   The two meter separation requirement
 applies only to those facilities located
 over groundwater that is or will be of
 future use. This requirement, which was
 not proposed as interim final on May 19,
 1980, is considered necessary because of
 the nature,of land .treatment facilities,
 i.e., the reliance  on attenuation of
 contaminants in the unsaturated zone.
 Although a land treatment facility might
 operate successfully over a space of less
 than two meters from groundwater the
 Agency feels the risk is too great given
 the potential consequences."
 G. Subpart N—Landfills
  Proper landfilling of hazardous waste
 is more than the act of simple burial.
 Hazardous waste landfills must be
 carefully engineered to provide long-
 term protection of ground water, surface
 water, air, and human health. The state
 of the. art of landfill technology is
 developing and changing. However,
 there are techniques currently available
 for effectively reducing the adverse
 health and environmental effects  from
landfills. Furthermore, the Agency
 expects that these regulations, in
prohibiting certain improper practices,
will accelerate the development of good
 techniques for landfilling, pretreatment
of wastes to be landfilled, and waste
reduction.        >          ; •
    1. Applicability—§ 264.300. These •
  requirements apply to .all landfills used ,
  for the disposal of hazardous waste. ,
    2. General design requirements—
  § 264.301. A leachate monitoring system
  is the only structure specifically
  required in this section. The monitoring
  results from this system-will provide an
  efficient method for the permit writer to
  evaluate the predictions required for
  compliance with § 264.21. Leachate
  quality is one of the first unknowns    '
•  which nius't be estimated before
  contaminant release rates and their
  effects on groundwater can be
  predicted. Therefore, a close agreement
  between actual and predicted leachate
  quality pro'jades at least "some'assurance
  that the facility is operating according to
  plan. Gross disagreement between
  actual and predicted leachate quality
  may cause the Administrator to require
  a reassessment or recalibration of the
  predictive tools used by an owner or
  operator. These reassessments could, in
  some cases, uncover potential problem
  areas early enough to avoid more costly
  clean-up operations.
    Only new landfills and landfill cells
  are affected by this requirement. The
  Agency believes that attempts to retrofit
  many .existing facilities with a leachate
  monitoring system would create an
  unacceptable hazard to human health
  and to the environment.       -
   EPA specifically requests comment on
  § 264.301(a). Of particular interest are
  (1) sampling methods capable of
  collecting representative samples of
  leachate in a landfill not equipped with
  a liner,, and (2) the nature and extent of
  activities necessary to comply with this
  section.   i-              ,
   Paragraphs (b) and (c) of this section
 provide the minimum acceptable
 controls for the construction of liner   -••
 systems^ and leachate collection and
 removal systems. These regulations do
 not require Ihe construction of a finer for
-all landfills but EPA recognizes that
 many landfills will be constructed using
 liners to.coiri.tain the hazardous wastes.
   These standards are a departure from
 the detailed design standards contained
 in~the December 18,1978 proposed
 regulation (43 FR 59Q09-59011). The
 changes are due to  the comments '
received on the proposed regulations
 and advancements in the state of the
 art. Much more information is  now
 available which can be used in the
design of effective liner systems, EPA
has developed two  technical reports to
assist in the design: "Lining of Waste
Impoundment and Disposal Facilities"
(SW/870), September, 1980 and "LandfilJ
and Surface Impoundment Performance
Evaluation" (SW /869), September, 1980.'

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Federal Register / Vol. 46, No.  24 / Thursday, February  5, 1981  / Proposed Rules
  The requirements stated in. § 264.301
indicate EPA's concern for both the
structural integrity of the system and the
chemical resistance of the liner
materials. For a liner system to be
successful much care and attention must
be given to these aspects of the design.
  3. General operating requirements—
§ 284,302, Control of precipitation on and
near the active disposal area(s) and
control of wind blown materials are the
major concerns during operation. These
are the same requirements which were
given in Part 285.
  4, Inspection and testing—§ 284.306,
These requirements reinforce EPA's
concern of the need to control surface
water runoff due to rainfall and to
carefully inspect any liner system which
is installed at a disposal facility. The
appurtcnccs used to control the run-on
and run-off at a landfill must be
inspected each week and after major
atoms to ensure that they are
functioning properly.
  There are specific requirements which
are'applicable to an inspection and
testing program to be implemented
during the construction or installation of
a liner system. These are minimum
requirements which will provide data to
evaluate the effectiveness of the liner
system.
  5, Surveying and recordkeeping—
§ 264.309. These are the same
requirements which have been used in
Part 2SS.
  8. Closure and post-closure—
§ 284.310. The overall objectives of
closure and post-closure are to minimize
Iho need for further maintenance of the
facility and to restrict the escape of
hazardous materials, A final cover over,
completed portions of a landfill is an
Important first step in meeting these
objectives. The design  of the final cover
must be consistent with the permit for •
the facility and therefore with the
predictions made in comnpliance with
 i 122,25(d) because the accuracy of
 these predictions are vitally contingent
on precise cover designs'and
maintenance procedures. EPA has
developed two technical reports to
assist in designing landfill covers:
"Evaluating Cover Systems for Solid  and
Hazardous Waste, (SW/867),
September, 19QO and "Landfill and .
 Surface Impoundment  Performance
 Evaluation" (SW/889), September, 1980.
 Similarity, any other equipment or
 maintenance routine which is necessary
 to  abide by the permit must be
 continued into the post-closure care
 period.
   7. Special requirements for ignitable
 or reactive waste— § 264.312. Ignitable
 or reactive wastes may not be placed in
 a landfill unless the waste is  treated so
                         that the waste does not meet the
                         definition of ignitable (§ 261.21) or
                         reactive (§ 261.23) prior to or
                         immediately after placement in the
                         landfill. EPA assumes that the most
                         common method used to comply with
                         this regulation will be to mix the waste
                         with soil or "some other relatively inert
                         material before the waste is landfilled.
                         This requirement is the same as the
                        , requirement hi Part 265.
                           8. Special requirements for
                         incompatible wastes—§ 264.313. This
                         requirement, which is identical to Part
                         265, states that incompatible wastes
                         must not be placed in the s.ame landfill
                         cell.
                           9. Special requirements for liquid
                         waste—§ 264.314. This requirement does
                         not allow bulk liquids to be placed in a
                         landfill unless the owner or operator can
                         prove that the added liquid will enhance
                         stabilization of the landfill. Such a
                         landfill must be lined with a material
                         which is'chemically and physically
                         resistant to the added liquid and the
                         leachate control system must be capable
                         of removing all leachate produced. The
                         intent of this requirement is to exercise
                         needed control over the disposal of
                         hazardous waste liquids. Earlier
                         regulations have allowed the placement
                         of liquids in landfills without the
                         requirement to prove that stabilization is
                         enhanced. EPA believes that the
                         potential damage from allowing
                         uncontrolled disposal of liquids in
                         landfills greatly outweighs the benefits
                         from allowing the practice. Allowing
                         liquids in landfills increases the
                         hydraulic head within the fill and
                         hydraulic head is the primary driving
                         force which cause pollutant migration
                         from landfills.
                            EPA does recognize that the
                         decomposition and subsequent  ,
                         stabilization of some materials can be
                         enhanced by the addition-of liquids. For
                         this reason, EPA will allow liquid
                         addition when it can be demonstrated
                         that stabilization is enhanced.
                            This does not alter the basic EPA
                         belief that landfills should be kept  dry.
                         By minimizing liquids in landfills the
                         transport mechanism to move pollutants
                         beyond the landfill is minimized.
                            The requirement which does not allow
                         containers holding liquids or waste
                         containing free liquids is the same  as the
                         requirement in Part 265.
                            10. Special requirements for
                         containers—§ 264.315. This requirement
                         is that empty containers must be
                         crushed during disposal so that void
                          space is minimized. This requirement
                         has been included because empty
                        "  containers can degrade, collapse, and
                          disrupt the final coyer of the landfill
                          which is the same effect created by
 containers filled with liquids. Reducing
 the volume of the empty containers will
 minimize this effect.
  The overall intent of the requirement
 is to eliminate all significant voids
 including partially empty containers.
 EPA is providing definitions for "full or
 filled containers" and "partially empty
 container" for comment. Comments are
 requested in the following areas: (1)
 Alternative criteria which may be used
 to define full or filled containers, and (2)
 the nature and extent of activities which,
 will be necessary to comply with this
 regulation.
 • 11. Spec/a/ requirements for classes of
 facilities—§ '264.316. The requirement is
 that all classes of facilities must have a
 minimum of two meters between the
 lowest level of construction for the
 landfill and the highest portion of the
 water table.
  The purpose of the requirement is to
 maintain a positive separation between
 the landfill and any ground water which
. might infiltrate the waste. This
 requirement is consistent with EPA's
 theory of maintaining landfills as dry as
, possible.
 H. 'Subpart R—Underground Injection
   On May 19,1980, § 265.430,
 Applicability was promulgated as an
 interim final regulation. In so doing the
 Agency enabled wells disposing of
 hazardous waste by underground
 injection (also regulated under the
 Underground Injection Control (UIC)
 progranvauthorized by the Safe
 Drinking Water Act (SDWA)) to acquire
 interim status under RCRA. The Agency
 further explained that such injection
 wells would be regulated under Subpart
 R until a UIC program had been
 implemented in each State. After an
 injection well received a permit under
 UIC, it would achieve a RCRA permit by
 rule under § 122.26. As explained
 elsewherejn this preamble the permit
 by rulejias been amended so that only
 certain of those wells can achieve  a
 RCRA permit by rule. The remaining
 wells-wilibe subject to permitting  under
 Subpart R or S of the Part 264 proposed
 regulations.
   1. Applicability—§ 264.430. The
 proposed requirements of Subpart R
 apply to wells used for the disposal of
 hazardous waste by injection into  the
 subsurface which pass through the
 surficial aquifer (i.e., discharge below
 the surficial aquifer). All such wells will
 by necessity be cased since they must
 pass through an aquifer. Wells which
 discharge hazardous waste into or
 above the surficial aquifer,  for which
 casing is not always necessary, are to be
 subject to the requirements of proposed
 Subpart S. The requirements of this

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                Thursday, February 5, 1981 / Proposed  Rules
                                                                                                                 11149
  Subpart R, therefore, apply to Glass I
  wells and some Class IV wells (as
  designated under the UIC program).
  Such wells must also comply with
  applicable requirements and standards
  established in Parts 122 and 146 as
  explained in another section of this
  preamble.                    '''•'._.
    Injection wells which receive a RGRA
  permit under Subpart R will have
  complied with the ground-water     ;.
  protection standard also proposed in
  today's Federal Register. The only
  additional technical requirements
  necessary in Subpart R then relate to
  design and operation capable of
  achieving compliance and monitoring to
  verify compliance.
    Part 146 requirements for Class I
  wells, promulgated on June 24,1980,
  were established to assure that injection
  or formation fluids not migrate out of the
  injection zone and into an underground
  source of drinking water. In the case of
  RCRA, Subpart R injection wells
  (regardless of UIC designation) must be
  designed and operated to prevent
  migration of hazardous waste out of the
, zone of containment or otherwise into
  other formations or aquifers. Because of
  the similarity of objective the Agency
  has utilized the promulgated Part 146
  requirements to the extent possible in
  these proposed Subpart R regulations.
  The reader must understand, however,
  that the Part 146 requirements differ
  significantly from Part 264 requirements.
  The Part 264 requirements are minimum
  standards, requirements and criteria
  which must be developed by a State
  seeking authority to implement a UIC
 program. These Part 146 requirements
 do not apply to owners or operators of
 injection wells directly. Such owners
 and operators must  comply with State
 requirements which have been       ,
 established in implementing a State UIC
 program. For this reason, these Part 146
 requirements have not-been adopted by
 reference in Subpart R but are utilized
 as explained below.               -
   2. General design  and installation
 requirements—§ 264.431. This proposed'
- requirement is a performance standard.
 Owners and operators must design and
.install injection wells to assure.that
 injected hazardous waste enter and stay
 within the zone of containment;
 specified in the facility permit, and not
 migrate into other formations or
 aquifers. In § 146.12  are design and
 construction requirements for Class I
 wells under UIC. In § 264.431 owners *
 and operators are informed that
 utilization of the technical standards
 and considerations specified in § 146.12
 will enable compliance with the
 § 264,431 performance requirement. The
  § 146.12(a) restriction on location with
  regard to underground sources of
  drinking is not included since some .
  wells regulated in accordance with
:  Subpart R may discharge above
 . underground sources of drinking water.
,  Also, requirements regarding prevention
  of migration into underground sources x>f
  drinking water are equally applicable in
  preventing migration into formations or
  aquifers other than the zone of
  containment, whether or riot they are
  underground sources of drinking water.
  In order to comply with § 265.431, an
  injection well will need to be cased and
  cemented and hazardous waste will
  need to be injected through tubing with
  a packer as specified in § 146.12.
.  3. General operating requirements—
  §.264.432..This proposed requirement is
  a performance standard also. Once an
, injection well is properly installed it  '
  must be operated and maintained to
  prevent unacceptable migration of
  injected hazardous waste or reaction or
  decomposition byproducts of the waste.
  Section 264.432 explains that the
  operating procedures included in
  § 146.13 can enable compliance with this
 performance standard. Pressure in the
 injection zone is not to exceed a
 calculated maximum and pressure on
 the well annulus between the casing and
 tubing maintained to assure mechanical
 integrity. Injection into the annulus is
 explained in § 146.13 as unacceptable,
   4. Monitoring and response—
 § 264.433. These proposed requirements
 are similar to those proposed on May 19,
 1980 in § 265.434 for .interim status  :
 facilities. They are also similar to those
 contained in § 146.13(b). Demonstration
 of mechanical integrity and maintenance
 of allowable injection zone pressure will
' enable owners and operators to assure
 that migration beyond the zone of
 containment has not occurred. Ground-
 water quality monitoring is npt a general
 requirement within §  264.433 but may be
 required .in the facility permit in certain
 circumstances.
   5. Closure and post-closure-—
 § 264.434. The closure requirements in
 these proposed regulations specify that
wells must be closed to prevent future  L.
use  and plugged. Plugging uppn.well .• T*
abandonment irf the normal practice.
Section 264.434 explains that the ,
plugging techniques described in
 § 146.10 can enable compliance with the
plugging requirement.'Post-closure care
is not required of wells regulated in'
accordance with Subpart R, therefore,
an exclusion from compliance with
 §§264.117i 264.118 and §§264.144-—
264.145 is included in  § 264.434. These
are the only exclusions fromjhe general
standards and requirements of Part 264.
  /. Subpart S—Seepage Facilities

    This Section of the regulations applies
  to facilities which are designed'to ,
•  discharge via seepage facilities. Seepage
  facilities may or may not be designed to
  provide holding and controlled release
  capability for liquid wastes and wastes
  containing free liquids. These
  regulations provide standards for
  design, operation, and inspection for
  facilities which are classified as seepage
  facilities. There are four types, of
  seepage facilities: (1) Seepage lagoons,
  (2) drying beds, (3) seepage pits, and (4)
  seepage beds. The first two types are
—similar to surface impoundments, in thaf
  they are used for depositing liquid
  wastes and sludges except they are  '   "
  designed with the objective of seepage
  into the land. Seepage pits are similar to
  dug wells and seepage beds are any
  horizontal distribution system (whether
  cbvered.or uncovered) used to
  intermittently introduce liquids into the
  land (e.g., leaching fields associated
  with septic tanks). For the purpose of
  these regulations, any injection well that
  is not cased to prevent discharge into
  the surficial aquifer is also a seepage
  facility.
   1. Applicability—% 264.460. The
  regulations in this Subpart apply to
  owners and operators of seepage.
  facilities used to treat, store, or dispose
  of hazardous waste, except as § 264.1
 provides otherwise. The regulations for
  seepage facilities are identical, to a
 degree, to the proposed regulations for
 surface impoundments under Subpart K
 of Part 264. For seepage facilities, there *
 are no regulations for liners and a
 leachate detection, collection and
 removal system since seepage facilities
 are designed to  discharge.
  The rationale for the surface
 impoundments requirements used to
 regulate seepage facilities can be found
 in the preamble for Subpart K—Surface
 Impoundments.  Seepage lagoons and
 drying beds must comply with all
 sections 6f these regulations, while
 seepage pits and seepage beds must
 only comply with: (1) § 264.463  ,
 (containment system) and § 264.467
 (contingency plans) provided these two
 types of seepage facilities maintain a
 dike, (2) § 264.468 (closure and post-
 closure), (3) Si  264.469 (special
requirements for ignitable or reactive
waste), and (4)'••§ 264.270 (special
requirements for incompatible wastes).
   The types of seepage, facilities are not
yet defined in § 260.10. They are
described in § 264.19. The Agency
intends to define those types in the rule
but is soliciting public comment by this
proposal before doing so.

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Federal Register / Vol. 46, No.  24 / Thursday, Februaiy 5, 1981 / Proposed Rules^
/. Subpart T—Minimum Acceptable
Treatment of Hazardous Wastes Prior
to Disposal
  Under this subpart, requirements are
established for the minimum acceptable
treatment of hazardous waste prior to
disposal in a land treatment facility. The
purpose of these requirements is to
reduce the potential adverse effects of
hazardous waste disposal by reducing
the mobility of wastes, or their ability to
cause other wastes to become mobile, or
generate toxic gases.
  Owners and operators of hazardous
waste landfills are required under this
subpart, by using available conventional
technology, to convert soluble metals as ,
salts to less  soluble forms (i.e., oxides,
hydrous oxides or sulfides) and to
precipitate metals that are in solution.
Wastes that are highly acidic or alkaline
must be neutralized and wastes that are
or contain surfactants or organic
solvents must be disposed of separately
from other wastes. Specifically, wastes
that contain cyanide must be treated so
that the cyanide is destroyed, thus
reducing the risk that toxic hydrogen
cyanide gas will be formed.
  The requirements under this subpart,
relating to mobility of wastes, address
three general groups of mechanisms that
may result in the enhancement of waste
migration in soils. The first mechanism
is one in which waste constituents are
tolubllized by other waste constituents  „
and thereby increasing their potential
for migration. Examples of this
mechanisms include the solubilization of
organics in organic solvents,
solubilization of metal salts in acid [or
bases), and the solubilization of
 inorganic and organic wastes by the
action of surfactants and chelating
 agents. The second mechanism is the
dissolution  of metal salts by percolating
water, while the third mechanism
 Involves the chemical reactions among
 waste constituents which results hi the
 generation of products which may be
 more mobile than the initial reactants.
 An example of the third mechanism
 would be pesticides that form soluble
 salts with alkaline caustics [Guthion/
 sodium hydroxide).
   Except for § 264.491(a)(5) the Agency
 has not proposed establishing treatment
 requirements under this section for
 specific and non-specific sources of
 hazardous wastes listed in §§ 261.31 and
 261.32. However, it is intended that
 treatment requirements be established
 for the listed wastes and other wastes
 which may be listed as information
 becomes available to the Agency. The
 Agency is requesting comments on
 treatment requirements appropriate to
 specific nnd non-specific sources of
                         wastes defined in § § 261.31 and 261.32
                         or specific hazardous wastes which are
                         appropriate prior to disposal.
                         K. Amendments to Part 280
                           1. Definitions—% 260.10. Certain
                         definitions are being added and other
                         definitions are being amended to
                         conform with the usage of the terms in
                         the regulations governing the land
                         disposal of hazardous wastes.
                           In addition, the numbering sequence
                         of the definitions in § 260.10 is being
                         deleted in favor of an alphabetized
                         arrangement of terms to accompdate the
                         addition of pew definitions.
                           Many comments were received on the
                         use of the terms contamination and
                         degradation in the October 8,1980
                         Notice. Most of those comments
                         requested or suggested definitions for
                         those terms. To avoid the confusion that
                         often arises by the use of these words,
                         they have not been used in the
                         regulations being proposed today.
                           The amendments of the definitions of
                         Aquifer, Injection well, Undergound
                         injection,  Well, and Well injection in
                         § 260.10 are technical amendments to
                         conform those definitions to the
                         definitions of the same terms in § § 122.3
                         and 148.03.
                           Similarly, the amendment of the
                         definition of Disposal in § 260.10 is a
                         conforming amendment (separate from
                         that referred to in the preamble on Part
                         122) to the definition of the term in
                         §122.3.
                           The more substantive amendments
                         are related to the Agency's decision to
                         regulate surface impoundment's which
                         are not designed to prevent seepage,
                         other types of seepage facilities (which
                         were formerly considered "injection
                         wells"), and other wells which discharge
                         or inject hazardous wastes into surficial
                         aquifers under both the RCRA and the
                         SDWA. This necessitated the addition
                         of new definitions for Underground
                         seepage and Seepage facility and
                         amendment of the definition of Landfill
                         and Surface impoundment. A definition
                         of Surficial aquifer has also been added
                         because the term is used in the amended
                         RCRA permit by rule (see § 122.26 as
                         amended) for deep injection wells
                          subject to exclusive regulation under the
                         UIC Program which are used to dispose
                          of hazardous wastes. A definition of
                          Cased injection well has also been
                          added because the term is used in the
                          definition of Seepage facility. A Cased
                          injection well will usually be a Class I
                          well as defined for the UIC program.
                          Such wells, when used for hazardous
                          waste disposal are subject to a standard
                          of no migration into a Surficial aquifer.
                          Some of these are to be permitted by
 rule under the RCRA and individually
 permitted under the UIC program.
   The above referenced decision also
 made it appropriate to add certain
 definitions which existed in Parts 122
 and 146 to Part 260. These are
 Formation, Formation fluid, Injection
 zone, and Plugging.
   A new definition has been added for
 Land disposal facilities, and the
 definition of Disposal facility has been
 modified to reflect the fact that waste
 will not remain in place after closure at
 some types, of facilities which are
 regulated as land disposal facilities.
 This situation may occur when either
 the waste will be removed or the waste
 or the decomposition byproducts of the
 waste will migrate from the facility and
 therefore not remain at the facility after
 closure. The definition of Land
 treatment facility has been similarly
 modified to reflect the fact that waste
 mayor may not remain in place after
 closure at land treatment facilities, A
 new definition has also been added to
 establish the meaning of a phrase—Zone
 of containment—used in the regulations
' governing land disposal of hazardous
 wastes.
   Finally, definitions have been
 introduced for the terms Decompostion
 byproduct and Reaction byproduct.  .
 These and similar terms, such as,.
 contaminants, have been used
 extensively in the regulations and
 preambles to describe the substances
 other tharf'the hazardous wastes or the
 hazardous waste constituents which can
 be expected to exist in leachate when
 hazardous waste or hazardous waste
 constituents 'are disposed of into or on
 , the land. They have also been added to
 the definition of Disposal. Although
 many of these byproducts are not
 hazardous, some can and do cause
 adverse effects on human, health and the
 environment and therefore must be
 considered in the permitting of land
 disposal facilities.
    2. Petitions to amend Part 264 or Part
 265 to allow special types of treatment,
 storage, and disposal facilities at  a
 particular location, for a particular
 hazardous waste, or for a hazardous
  waste from a particular source—
  § 260.23. In accordance with section 7004
  of RCRA, Subpart C of section 260 sets
 forth procedures by which any person
  may petition EPA for the promulgation,
  amendment, or repeal of any regulation
 , under RCRA. This section provides a
  mechanism by which owner/operators
  or potential owner/operators may
  petition for an amendment of any of the
  operational.locational, design or
  construction requirements of Parts 264
  or 265 by demonstrating that the
 , practice or procedure they propose to

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                 Federal Register /  Vol. 46. No. 24. / Thursday, Februarys,  1981 ./ Prcposed Rules       -11151
   use is equal to or better than that
   already required by the regulations.
   Such demonstrations are to be made for
   a particular facility or waste and any
   petitions granted will be applicable only
   to the facility or waste for which the
   demonstration was made. This section
   incorporates the petitioning procedures •
   set forth in section 260.20 and allows the
 .  Administrator to grant a temporary
  -amendment prior to making a final
   decision on a petition.
    Several comments on the October 8,
   1980 Notice requested 'that when
   technical design requirements are  '.
   specified in the regulations, the Agency
   allow the permittee to substitute
   different but equivalent designs. EPA
   agrees that this is a desirable feature
   and is proposing to institute it through
   this petition process. This process will
   allow recognition of unique site specific
  factors that enable owner/operators to
  effectively employ different treatment,
  storage or disposal designs. It is also
  intended to encourage innovative
  technologies and maintain flexibility in
  the regulations by allowing the technical
  requirements to be adapted to advances
  in the state of the art.         .         ,

  L. Amendments to Part 122
   1. Definitions— § 122.3. Two
  definitions—Disposal and Disposal
.  facility are being revised in § 122.3. Both
  definitions are being revised  to. conform
  to revised definitions in § 260.10.
   In addition because of the use of the
  terms Formation, Formation fluid.
  Injection zone, Plugging, Underground
  injection, Well, and Well injection in
  Part 264, the parenthetical reference
  associated with the term has  been.
  expanded to include the RCRA.
   The termsurf idol'aquifer, used in
  § 122.26, has been added in both
  §§122.3 and 260.10.'
   2. Modification or revocation and
  reissuance of permit—% 122.15(a)(8).
  Section 122.25{a)(8) provides the means
  by which permits may be modified in   '
  response to the repredictions of locus
  and rate of leachate effects required by
.  § 122.28(f). This modification provision
  is necessary because state of the art
  limitations make it impossible to
  precisely predict the zone of effects, at
  the time of permit application. As new  ,
  information is gathered through
  monitoring, predictions of leachate
  migration can be made more accurately.
 These repredictions can then be
 incorporated into the permit limitations "
 for maximum allowable zone of effects.
  " If the repredictions indicate that the
 originally predicted zone of effects will
 be or have been exceeded, the permittee
 is required to propose permit
 modifications. The proposed
  modifications may be to reduce the rate
  of waste disposal or expand the zones of
  permitted effects. Likewise, if it appears
  that the originally predicted zone will
  not be reached, the permittee may
  request a modification of the permit to
  reduce the zone limitations. This la§t
  type of modification may be of real     ;
  interest to a permittee since the zone of
  permitted effect defined (i.e., the zone of
  containment) is an encumbrance on the
  land which reduces it real Value..
    The Director is required to modify a   '
  permit if he finds that the zones of
  effects defined in the permit are
  substantially unrelated  to the actual
  zones of effects; The modification in
  intended only to decrease the permitted
  zones of effects when a permittee has
  made a very conservative estimate
  during the permitting process that''
  becomes apparent upon monitoring. All '
  permit modifications which decrease the
  permitted zones of effects or reduce the
  rate of waste disposal are considered  -
  "minor modifications" (see § 122.17) and
  therefore may be made without a draft. .
  permit or public review.
   Minor modifications of permits—
  § § 122.17(e)(8). Permit modification
  made pursuant to § :122.15(a)(8)  which
  decrease the zone of permitted effects
  caused by leachate discharges from land
  disposal facilities or reduce the  rate of
juvaste disposal are included  in the list of
'  "minor modifications" contained in
  § 122.17. The effect of these
 modifications is to make the  permit
 more stringent. Because  they are "minor '
 modifications", no draft  permit or public
. review is required^
   4. Application for a Permit—
 § 122.22(a). Certain commenters on the
, Part B application informational
 requirements proposed on June 14,1979
 (44 FR 34278-80) noted that part of the
 informational requirements to be
 submitted with Part B  of the application '
might require more than  six months to
obtain. The Agency agrees and is
proposing to add §§ 122.22(a)(4)  and (5)
to limit the discretion of  the Director to
deny an application which is incomplete
when the informational requirements of
the Agency or the regional availability
of professional services with  the
requisite skills to generate and evaluate
the information limit the  ability of the
applicant to comply with the  six month
filing requirement of § § 122.22(a)(2) and
(3).
  The authority of the Director to deny
an incomplete application, when it is
apparent that a completed application
would not, comply with the ground water
protection standard is re-established as
§ 122.22(a)(6) and new provisions are
added to allow an interim permit to be
issued.    -            -•-. .  • ••--. •
    The provision for the issuance of an
  interim permit provides a mechanism to
  allow and endores improvements at
  existing facilities prior to final permit
  issuance, a mechanism to recognize
  "good" facilities, and a mechanism to
  terminate interim status for "bad"
  facilities. The provision of a five year
 .limitation for an interim permit is based
  on the expected Agency delay in acting
  on lower priority permit applications for
  existing facilities.       .''--•.'-
    5. Permit application requirements—
  contents of Part B of the RCRA permit
  application—§122.25. Specific permit  ,
  application requirements applicable to
  the land disposal of hazardous wastes
  have been iadded as §§ i22.25(c) through
  (h). the information required by these
  subsections is supplementary to the
  requirements to be fulfilled for Part B of
  the application in ctimpliance with
  § 122.25(a}.iThese subsections respond
  to commenters who pointed out that all
  of the Part B informational requirements
 proposed on June 14,1979 (44FR 34278-
 80) wereiiot needed or appropriate for
 all facilities!. It limits the obligation of
 applicants  1:o supply information that
 would not be relevant to their particular
 application,,
   Many of lihese pro visions, are similiar
 to those .proposed on June 14,1979 (44
 FR 34178-pHO), but they are expressed
 with greatei? specificity and are limited
 to land disposal facilities. Therefore,
 they reflect the concern expressed by
 commenters! that much of the required,
 information was not needed for all
 facilities and should be made specific on
 a case by case basis.
   a. Specific technical information
 requirements for land disposal
facilities—% 122.25(c). Section 122.25(c)
 establishes the obligation to file the
 information required to evaluate the
 specific types of facilities with reference
 to the technical requirements of the  •
 individual Subpart for each facility type
 (Subparts Kj L, M, N, R, and S).
   b. Specific generic information
requirements for land disposal '
facilities— § 122.25fd) and(e).
Subsection l22.25(d) establishes the
obligation 'to file, as part of Part.B of the
application, a detailed definition of the
wastes to" bei disposed of, a detailed
prediction of the leachate plume which
will be established as a result of any
permanent disposal of hazardous wastes
into or on the land, and a description of
the location of gaseous migration in and
from the land. These subsections, which
are central to the regulation is discussed
in detail below under—6. Information
Requirements for Permitting Discharges
from Land Disposal Facilities.      ' •
  c. Reports on hydrogeology;
climatology, and geography—§ 122.25(f).

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11152
               Federal Register  / Vol. 46. No. 24 / Thursday, .Fejrnwy  5 . ....... 1981
Subsection 122.25(f) establishes the
obligation to file, as part of Part B of the
application, reports on the
hydrogeblogy, climatology, and
getography of the area where the facility
is to be located.
  lite report on hydrology and geology
18 to be based on by data available from
public sources and confirmed by site
Investigations or based on site
Investigations required in paragraph (g).
Specific reference to accommodating the
potential interested readers of the report
an made in §§ 122.25(f)(2) (i) and (vii).
These subsections stress the need to
avoid excessive use of technical jargon
which could create lengthy hearings due
to requests for clarification and
Interpretation from the interested public.
  Subsections 122.25(f)(2) and (f)(3)
establish Ihe obligation to file, as part of
Part B of the application, a report on the
climatology and geography based on the
data required by §§ 122.25(g) (2) and (3).
  d. Sits investigation requirements—
i 122,25(8)- The acquisition of basic field
data on site specific conditions is
essential to the preparation of the report
required to § 122.25(f) and to the
development of the generic
Informational requirements for land
disposal facilities of § 122,25 (d) and (e)
which are discussed in detail below.
   The site investigation requirements of
 these regulations require a relatively
standard type of field investigation. The
only basis for defining the requirements
 In the regulation is to establish certain
 minimum requirements and to deal with
 the degree accuracy needed on a
 situation specific basis.
   The use of standard datum (i.e., USGS
 controls) references is required so that
 analysis of the site can be made with
 valid references to data  generated by
 others.
   The majority of the requirements are
 for survey accuracy definition. A survey
 accuracy sufficient to allow (not require)
  Ihe mapping of the area within forty
 meters of any construction activity at a
 contour interval of two meters is
 required. The same surface survey
  accuracy applies when leachate will
  migrate within ten meters of the ground
  surfaco. The Agency is quite concerned
  that predictions of the locus of leachate
  migration be accomplished with a high
  degree of accuracy when leachate will
  bo near the ground surface. A depth of
  ten meters has been chosen to represent
  a depth that is beyond casual
  excavation and will below the cellar
  depth of most small structures. The
  survey of the contact surface between
  uneonsolldated and consolidated
  materials is also required; the accuracy
  specified is a four meter contour
  Interval. Ground water table contour
                                        requirements are similar. The specified
                                        accuracy is two meters wliere ground
                                        water mounding can be expected and
                                        where ground water mixed with
                                        leachate will be less than ten meters
                                        from the ground surface. Comment is
                                        requested on the reasonablenesss of
                                        these requirements.'
                                           It is also required that sufficient
                                        ground water data be obtained to allow
                                        flow net analysis of ground water and
                                        leachate flow under varying conditions
                                        of stress on the system.
                                           The required information oh
                                        climatology is self explanatory,   .
                                        however, the 'informational
                                        requirements on land use and land use
                                        controls requires discussion.
                                           Permit applicants  are required to
                                        describe the type of land use, the land
                                        use controls and the projected land use '
                                        in the area of the proposed site. The
                                        rationale for the requirement is to
                                        provide the permit reviewer sufficient
                                        information on the character of the
                                        patterns of activity to judge the
                                         compatibility of the proposed facility.
                                         The presence and strengths of land use
                                         controls to preserve the appropriateness
                                         of the setting are a critical element.
                                         Absent controls, exclusion of future
                                         encroachment of residential or
                                         otherwise less than compatible uses
                                        tiannot be prevented. Projections of land
                                         uses are likewise essential, the controls
                                         at best are inducements for or against  ,
                                         particular land uses; whether or not the
                                         "permitted" or "allowed" use will occur
                                         can be haphazard if not desultory. The
                                         permit will be issued considering the
                                         impact on current patterns, compliance
                                         with appropriate ISnd use controls and
                                         compatibility with projected land uses.
                                            It is not the  Agency's intent to either
                                         foster or inhibit local control of land use.
                                         The history of national and state efforts
                                         at land use controls is too heavily
                                         burdened with emotional  distraction to
                                         use as a major element of siting strategy.
                                         Siting of hazardous waste management
                                         facilities clearly presents  greater then
                                         localized issues for resolution, but the
                                         localized issues are intense, and they
                                         are intensely perceived. States have
                                         delegated land use controls to local
                                         governments, and inspite  of a
                                         resurgence of State interest during the
                                         60's and 70's,  land use decisions are
                                         preponderantly.local issues. The review
                                         process for hazardous waste
                                          management facility siting will establish
                                          the mechanism for presenting both local
                                          and statewide land use decisions.
                                          However, the reviewer is reminded.to
                                          maintain a proper perspective.
                                          Procedural and substantive issues
                                          involved in establishing land use policy
                                          in the vicinity of prospective sites will
                                          be considered as well as  the resulting
 designations. The review process will
 not be bound by local zoning or other
 land use decisions, nor should it be
 construed as review, endorsement or
 appeal of local decisions by the EPA.
 Rather, .where local regional or State
 planning decisions have been made, or
 where local hearings have been held on
 land uses issues, the facts, the testimony
 and the 'subsequent changes, as well as
 the decisions may be considered by the
 reviewer. Full de novo consideration of
 these issues should be placed in
- perspective by the reviewer, considering
 the statewide and interstate regional
 implications of the siting question. The
 • reviewer mayconsider evidence, . .
 regarding the exclusionary use of zoning
 where it has been practiced, the taking
 issue where appropriate or  any of the
 commonly troublesome land-use pitfalls.
   Permit applicants are also required to
 provide information concerning whether
 or not the aquifer underlying the area in
 the vicinity of a facility is or will be
 used as a water supply. A variety of
 facility designs must be anticipated,
 with designs with varying degrees of
 reliance upon natural assimilative
 capacities versus containment and
 treatment. Underlying aquifers will be
 subject to  the threat if not the assurance
 ' of entry of contaminants. The Agency
 requires a demonstration of any claim
 that the aquifer subject to accidental or
 designed discharge will not be used as a
 source of water supply for  any use; for
 instance, if such claim is made, or if
  alternatively, the vicinity of the aquifer
 near the discharge does bear
 withdrawal for use, the Agency requires
  rather full description of the use. These
  regulations provide the requirements of
  use disclosure which must be  supplied
  for facilities in Glasses A-E.
    Class A: Applicants wishing to locate
  facilities over aquifers which are not
  and will not in the future serve as
  sources of water for any use must
  investigate that entire aquifer and
  interconnected aquifers into which
  leachate will migrate. Systems of
  interconnected aquifers should be
  treated as a single aquifer  for this
  purpose. The objective of the
  investigation is to ascertain that in fact
  domestic, agricultural, industrial or
  commercial uses are not now served
  and will not be served in the future.
  Demonstration of the contention .that
  they will not serve is intended by the  .
  Agency to constitute the following:
    1. A tabulation of all withdrawal  .
  controls now in-effect (e.g., State
  prohibitions on withdrawal) or private
  ownership of the whole aquifer with
  deed notation to warn future owners.
    2. If the water will not be used
  because of its poor quality,

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                                      VQl  ff- N±JjZJhursday- February. 5. .1981 / Proposed Rules
                                  11153
   demonstration should include lab
   analyses and a cost assessment for
   treatment to acceptable quality.
     3. The closest users of groundwater ,
   should be identified and the intervening
   aquifer discontinuity demonstrated,
     4. Any existing discharges and,surfaee
   outcrops of the aquifer should be
   identified.               "
     5. Three dimensional descriptions of
   boundary conditions surrounding the
   aquifer.                    :' ;
     Class B: The requirements for Class A
  facilities should be met for the unused
 , and unusable portion. In addition, the
  applicant should indicate the nature and
  extent of the hydraulic interface with
  usable portions of the aquifer. Flow net
  descriptions,  timing and migration
  potential should be presented indicating
  both the worst case and the most
  probable arrival of contamination from
  the facility to the used or usable portion.
    Classes C, D, and E: All facilities
  located over used or usable  aquifers
  must submit information concerning the
  possibility of contaminants from the
  facility arriving at each possible point of
  withdrawal for use. Surface  discharges
  should be considered possible points of
  use for this purpose. Flow net analysis
  and pollutant  transport predictions are
  required. These must be prepared in
  sufficient detail to support pollutant
  migration increments at three year
  intervals to facilitate validation.
   The minimum monitoring scheme in
  accordance with Subpart F will provide
  an acceptable drilling plan for
 "acquisition of nearsite data on the
  aquifer. Well logging, with split-spoojti
  samples at five foot intervals, will
 generally be considered satisfactory
 geophysical data.  The same level of
 detail should be provided on the existing
 water-wells in the aquifer^ where
 available.  All users should be listed,
 clearly indicating the level of treatment
 now provided, and the capability of that
 treatment with respect to anticipated
 contaminants and their by-products
 from the facility.
   Subsection 122,25.(g) establishes a
 similar obligation to file a description of
 the ground water monitoring program
 proposed.to verify or improve the "best
 estimate" predictions of leachate
 migration .and a description of any
 modeling program base on monitoring
 data which is required by the        •  ;
 regulations or proposed by the
 applicant.                       *,    *
  6. Information requirements for
permitting discharges from land -
 disposal facilities—§  125.2S(d). a.
Purpose.—Under the approach being
 proposed today, each hazardous waste
facility will be evaluated directly for its
 impact on human health and the
   environment. Inste.ad of merely
   estimating the adverse environmental
   impact of a facility by comparing its
   design parameters with national design
   requirements thought, to be safe, this
   approach will evaluate each facility on
   an individual basis. To safely and
   properly determine the human health
   and environmental impact of a
   hazardous waste facility, extensive
   information is required :on: (1) The
   characteristics of the wastes disposed, *
   of both individually and collectively, (2)
   the hydrogeoiogical characteristics of
   the site, (3) the water quality
   requirements of any underlying aquifer,
   and (4) the interaction of wastes with
   the site hydrpgeology and (5) the
  resultant effects on water quality. It is
  only by the acquisition Ihd'subsequent
  analysis of this information that a
  reasonable assessment of any adverse
  health and environmental impact can be
  determined on a site specific basis.
    b. Summary of proposed regulation—
  § 122.25(d). Because each hazardous
  waste management facility is to be
  independently evaluated for its impact
  on human health and the environment, a
  uniform mode of analysis must be   '
  provided to ensure that all sites are
  evaluated by the same criteria. This
  uniform mode of analysis will  take the
.  form of extensive informational
  requirements for evaluating and
  predicting the effect of a hazardous
  waste facility on human health and the
  environment. These informational
  requirements are outlined in §  122.25(d)
  and require the permittee to provide
  information on five major topics:
 -, (1) A description of the wastes (both
  qualitative and quantitative) to be
  disposed of hi the facility.
   (2) A description of leachate .and gas
 migration from the facility.
   (3) A hydrogeologic description of the
 unsaturated zone.    .    "
   (4) A hydrogeologic description of the
 saturated zone..
   (5) A description of all discharges into
 surface waters and all withdrawals of
.ground water, that will be mixed with
 leachate from the disposal facility.
 The overall objective'of these
 informational requirements is to acquire
 the data necessary to establish the
absence or degree of adverse effects on
human health and the environment.   • —
   In order tp provide maximum  "
flexibility in implementing the above
described informational requirements,
varying, levels of precision will be
allowed. Section 122.25(e) outlines the
framework for recognizing major
differences in  site and waste specific  ' -
circumstances, and inadequacies in the
state of the art which would indicate a
   necessity to allow some variation in, the ;
   required degree of precision to comply
   with informational requirements. This
 -  section seeks to limit unnecessary •
   informational requirements and ease the
,  regulatory burden wherever possible
   without jeopardizing the' assessment of
  •'health an.d environmental effects.. For
   example, a detailed analysis of the
   effects associated with the human    '
   consumption of affected ground water is
   unnecessary if the ground-water
   protection standard is met and the water
   is noj and will not be consumed.
    c. Waste identification, and
  quantification— § 122.25(d)(l).  Waste
  identification and quantification is the
  first and most vital step  hi the analysis
  of health and environmental effects. .  .
  This subsection requires a detailed
  accounting of hazardous wastes to be
  disposed of in each operational unit of a
  disposal facility (see § 122.3 Definition
  of "Hazardous Waste Management
  facility" and § 260.10 Definition of
  "Facility";). This-is simiar to the
  accounting required in Part A of the    !
  permit application (see § 122,24(g]J. The
  information required hi Part, A also
  includes an identification by hazardous
  waste number (see § 122.1(c)(l))
  However that information (to be
  recorded on Form 3) deals only with the
  hazardous waste delivered to the facility
  and how it is tp be stored, treated, or
  disposed. One cannot necessarily      '
'identify the specific disposal facility
 operational unit from Form 3 unless
 there is only one of each  type of unit at
 the facility. In some cases, the
 hazardous "wastes disposed of at, a
 facility may be a waste'produced by a
 treatment process'at the facility. Such a
 hazardous waste is not described on
 Form. 3 except by reference to the
 .generic descriptions of storage,
 treatment, and disposal unit operations
 for each identified waste received. It
 should be reemphasized that a waste
 resulting from the treatment of a
 hazardous wastk remains a hazardous
 waste by definition'(see § 261.3(c)(2))
 although such a hazardous waste will
 not have a Hazardous Waste Number
 (see "when, applicable" in          •
                                   '
.                                       ,
  It is possible for a waste which has
been classified as hazardous to be
exempted firom the direct regulatory
jurisdiction of the Agency under Subtitle
C of RCRA in accordance with a
specified procedure (see   - •
§§§261.3(a)(2)(i], arid (ii), and     .
261.3(d)(2), all of which reference
§ § 260.20 and 260.22]. Sections 260.20
and 260.22 describe a rulemaking '
procedure by which the Administrator
can be petitioned to exclude a specific

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11154        Federal Register  /  Vol. 46. No. 24 / Thursday. February 5, 1981  / Prpposedjge^
waste at a facility from being defined as
hazardous. The procedure is relatively
rigorous, however, and in most cases
where a petitioner would be successful,
it would probably be less burdensome to
apply for and receive a permit. A
successful petitioner would not be .
subject to Subtitle C of RCRA, although
would still be subject to Subtitle D.
  The key concept to the importance of
tho informational requirements is
brought forth in §§ 122.25(d)(l)(ii) and
(ill). Unless absolute storage
(containment) of the waste is achieved
in a land disposal facility, disposal is
only transitory and will ultimately result
in the migration of the waste and its
decomposition byproducts.  For all
practical purposes,  absolute storage in
land disposal facilities is unachievable
for more than some limited period of
time during which active management is
continued. Furthermore, absolute
storage may not be achievable in most
land disposal facilities even where there
!s continuous management. Because of
Iheso realities, the primary issues in
regulating land disposal facilities are
associated with the rate and locus of
release of waste contaminants. The
pertinent factors are reaction rates,
decomposition rates, release rates, and
migration rates.
   Alt hazardous waste is composed of
matter, which cannot be destroyed.
Some listed hazardous wastes are
elemental in form either as
disassociated ions  hi Solution or as
 soluble salts. These materials, which
 can be categorized as metals and
 inorganics, are native to the
 environment and are hazardous
 primarily due to the relative amount in
 which they are present when disposed
 of as a waste. Additionally, they may be
 hazardous because they induce the ionic
 components of pure water (the
 bydroniurn ion (H»)+) or the hydroxyl ion
 (OH-)), to be present in excess amounts.
 This results in a water solution which is
 corrosive due to acidity or causticity.
    Successful disposal of metals and
 inorganics involves their reintroduction
 into the natural environment at a rate
 which is consistent with their natural
 occurrence in the environment. Placing
 such materials on  or in the land in a
 controlled manner can be a successful
 way to achieve this end. To be sure qf
 safe disposal, knowledge of several
 factors is required: the interactions of
 materials disposed of in a mixture, the
 solubility of the materials in water, the
 chemical interaction of the materials
 with natural earth materials, and the
 concentrations of contaminants which
 will constitute an  unusual exposure and
 cause adverse health and environmental
effects. Proper waste disposal may be
accomplished by several techniques or
combination of techniques. For example,
in some cases treatment may be    -
necessary to alter the chemical form of
these materials before disposal.
Similarly, in other cases, design features
can be engineered to reduce the amount
of water available to solubilize the
wastes. Likewise, management controls
can be instituted to limit exposure
within the locus of waste disposal and
migration by simply restricting human
activity. Some listed hazardous wastes
in this category [metals and inorganics)
are so insoluble that restricting re-
excavation is the only control that is
needed. Other listed hazardous wastes
are significantly soluble only when
mixed with certain other wastes.
Therefore, in addition to restricting re-
excavation, these incompatible wastes   ,
need to be segregated. All of the factors
which control the rate of migration are
determinate provided the locus of
migration is determinate and the
characteristics of the earth materials
encountered in that migration are
known or can be measured.
  Natural and synthetic organics are the
most problematical classes of hazardous
wastes because their numbers are
nearly infinite. Synthetic organics,
created by man.for some specific useful
purpose and ultimately discarded, are(
 often the subject of the greatest public
interest when they can or do adversely
 affect human health. It should be
 stressed however, that in addition to
 synthetic organics, natural organics also
 constitute a. large number of listed
 hazardous wastes that exhibit the most
 publicly feared adverse effect on human
 health—carcinogenesis. Essentially all
 organics, whether natural or synthetic,
 are prone to biochemical degradation.
 However, because of their toxicity or
 their molecular configuration, a number
 of organics are extremely persistent in
 the natural environment. This effect is
 magnified when they are disposed of in
 bulk quantities [or high concentrations)
 antagonistic to the coexistence of life '
 forms. The problem of high
 concentrations can be dealt with more
 successfully through diffuse disposal by
 land spreading (see Subpart M—Land
 Treatment) rather than landfilling.
 Landfilling an organic waste may only
 act to attenuate the waste physically as
 the waste migrates through the land
  (below the soil solum) where life -
 generally does not exist'. In addition,
 biodegradation is often limited to :•
  relatively slow anaerobic metabolic
  processes such as fermentation because
  in a normal landfill, available oxygen is
quickly utilized by any life forms which
are present.
  With regard to formulated inorganics
and decomposition inorganics, the data
base for the land disposal informational
requirements is adequate. However with
respect to natural and synthetic organics
the data base is less precise. This is due,
in part, to the fact that the means to
measure or even, identify specific
derivatives of many such organics (both
natural and synthetic) and correlate
these measurements with observed
health and environmental effects is of
relatively recent origin. Except where
the effects were so, acute as to be
discernable without precise
measurement, the prevailing practice
concerning the presence of most
organics in drinking water within the
last decade has been to lump them
together under the heading of "faste and .
odor" problems.
   With the proper waste identification
and quantification; all of the additional
factors needed to evaluate the rate of
migration of  any given contaminant or
mixture of contaminants in earth,
materials are determinate. Even
 complex mixtures will tend to
 differentiate in transfer through the soil
 due to the rate phenomenon of
 chromatographic reaction with the soil.
 Wastes disposed of separately at the'
 same site may also become mixed in
 transit. Therefore, the mixing of wastes
 in the disposal process introduces a
 significant complication to the problem
 of predicting whether adverse effects to
 human health and the environment will
 result. However, by controlling the   . .
 creation  of new mixtures of
 contaminants in disposal to those which
 will not interact (or interact in a
 predictable way), the disposer can take
 advantage of available reference data to
 the extent that it exists. If the disposer
 does not control the creation of new
 mixtures of contaminant's, then he may
 have to incur the obligation and cqst of.
 defining  environmental fate factors
 experimentally.
   In §'122.25(d)(l)(ii) an applicant is
 required to describe the expected rate of
 waste deposition. These data are
 -essential to any valid prediction of
 solubilization, migration, and effect.
 These data, supplemented by data
 obtained by waste analysis where
 required, (see § 264.13(a)(l)) and data
 accumulated for annual reporting (see
  §§ 264.75(d) and 264.75(e)) will be the
 basis for triannual reassessment of that
 prediction based on actual date on the
  type of waste disposed and  the rate of
  disposal for each waste (see § 122.28(f)).
  In § 122.25(d)(l)(iii) an applicant for a
  permit is separately required to

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           24  /Thursday, February 5,  1^81 / Proposed. Rules
                                                                                                                  11155
  establish an absolute limit on the rate of
  waste deposition he is seeking
  authorization for. This limit will be used
  in determining permit violations, A
 ' permit violation will  occur if a
  specifically defined type of waste is
  disposed of in quantities greater than
  authorized or if a type of waste not
  authorized by the permit is received and
  disposed of into or on the land. It should
  be noted that the permit limits based on
  §.122.25(dHl)(iii) will not function to  '
  limit the receipt of waste at the facility,
  but only the rate of disposal of that
  waste into or on the land. The difference
  between the rate of delivery or receipt
  and the rate of permitted disposal, if
  any.Tnust be accounted for in storage.
  By this means, permit applicants will be
  able to allow for projected business  .
  growth or even provide some margin for
  management error in  committing
  themselves to service clients whose
  business needs for disposal services
  might expand qr exceed estimate needs;
  Permittees can also allow some margin
  to accommodate emergency or
  unforeseen needs.
    d. Lesachate migration—§ 122.25(d)(2).
 This subsection requires a detailed
 prediction of the rate  at which leachate
 (sombilized contaminants) will migrate
 from each land disposal operational
 unit. Section 122,25(d)(2)[iii) requires a
 characterization of the liquid available
 to mobilize solid materials. There are
 three types of liquids available to act as
 solvents: rainwater, liquids placed in the
 disposal facilities, and liquids generated
 in the disposal facilities.
   The first type of liquid is infiltrating
 rainwater. The amount of rainwater.
 which can be predicted to impact on any
 particular facility will vary with location ,
 due to climate, geology and topography.
 Incident rainwater will vary seasonally
 at each location. The rate of infiltration
 at any given time is  determined by
 analysis of runoff, evaporation, and
 transpiration. All of these factors vary
 with the physical state and
 configuration of the  site. Individual sites
 can be designed and managed to induce:
 Surface run-off (by proper grading),
 evaporation (by allowing liquids to be
 exposed to the atmosphere over large
 areas), or transpiration (by possessing a
 high density vegetative cover). The
 normal situation at an active landfill is
 such that the infiltration of rainwater is
 enhanced due to a disturbed and
 unvegetated site surface. In actively
 used areas, surface runoff is most often
 collected and retained on the site     • ., ? •
 thereby inducing infiltration. Channeling
' of run-off from the site to surface waters
 is subject to permitting under the NPDES
 program, and is usually avoided for
  management convenience. The net effect
  of these factors, in non-arid areas with
  relatively impermeable soils, i.s that the
  soil below the site (and often .the waste
  within the site) becomes saturated with
  water thereby enhancing solubilization
  and migration of the waste constituents
  (see § 122.25(d)(4)(ii)). The phenomena
  for this adverse effect is the elimination
  of the zone of aeration in which
  maximum'attenuation of waste
. "constituents would normally occur (see
  § 122.25(d)(3)).             ' '  ',
    The second type of liquids are those
_ placed in a land disposal facility. In the
  Interim Status Standards (ISS) for
  landfills and waste piles, this practice
  has been restricted, but,not eliminated.
  By contrast, the waste disposed ofjn a
  surface impoundment or by land.
  spreading  are often in the liquid state. A
  solid waste disposed of in a landfill,
  even though solid in handling
  characteristics, could be as high as 90-
,  95% liquid and still not release "free
  liquids" (see the Preamble to the ISS at
 45 FR  33214).         ~
    The third and final type of liquid
 referenced in  § 122.25(d)(2)(iil) are
' liquids which are generated within a
 land disposal facility operational unit.
 Affixed water is often a part of a solid. •
 Additionally some solids are
 hydrophillic and may capture water
 from the surrounding medium (including
 the air). Of greater potential importance
 are the liquids that may be generated by
 organic decay. Most organic matter was
 originally formed through the process of
 photosynthesis which involves the
 combining  of carbon dioxide (CO2) and
 water  (H2O) to form organic material"
 (CHO)X. When the process is.reversed
 during the decay of organic matter,
 water is released. In anaerobic
 environments, such as those commonly '
 found in landfills used to dispose of
 organic matter, alcohol intermediates
 are formed through fermentation-
 reactions and are often released.
   The solution available to dissolve
 solids is a mixture of these liquids and
 the dissolved gases to whiclrthey are
 exposed—-predominately CO2, HaS, and
 NHo. The character of the liquids are
 further altered by the solubilization of
 solids from the wastes and soils with
 which it comes into contact. An
 equilibrium between the solution and
 the solids with which it is in contact is
 most often reached when excess solids
 and gases are present (the norm in a
 landfill). For metals and inorganics this   '.
 equilibrium can be determined from
 either reference sources or experimental
 data. However for organics, the
 character of the solution will vary
 depending of the adsorptive affinity of
  the organic constituents for the solids
  (including the. soils) with which it
  contacts. Within a landfill, or at the
  interface with natural earth materials,
  the character of the leachate solution
  with respect to organic constituents is
  usually determinate only by direct
  measurement unless the system is
  chemically simple. Based on experience,
  it can be empirically characterized by
  reference to historical direct
  measurements or by experimental
  simulation;                  :
   Sections 122.25(d)(2)(i) and (ii)
  requires the permittee to characterize
  the leachate to the best of his ability.
  Section 122!.25(d)(2)(iv) requires him to
  make a "worst case" predicition which
  will be used hi subsequent predictions
 .of the limits of authorized effects and
 locus of effects by which the permit will
 be limited. The permit will not directly
 limit the maximum rate of leachate;
 discharge with respect to the
 concentration or mass of contaminants
 (however, volume may be limited in the
 permit as a control on surface
 management and ground water
 mounding),1 Leachate monitoring is
 required by direct or simulative means
 for each type of land disposal facility in
 the appropriate Subpart (see Subpart K-
 Surface Impoundments,-Subpart L-
 Waste Piles, Subpart M-Land Treatment,
 Subpart N-Landfills, and Subpart R-
 Underground Injection and Subpart S—
 Seepage facilities).
   eTUnsaturated zone monitoring—
 § 122.25(d)(3). This subsection requires
 the permittee to characterize the
 migration of leachate and gases through
 the unsaturated zone. Gases may be
 generated either directly from the waste
 in the facility or from leachate. With
 respect to leachate, this characterization
 will require lknowledge of the interaction
 of the leachate with each particular type
 of earth material with which it will come
 into contact. The exchange
 characteristics with earth materials are
 determinate1 for individual' contaminants
 and specific; types of earth materials
 (both soil and rock) and rates of solution
 flow. They are commonly described
 empirically from laboratory or field (in
 situ) measurements and reported
 according tci a convention involving an-
 expression called the Freundlich
 isotherm equation and  a "distribution
 coefficient" included'in the equation.
When consideration of velocity factors
are ridded, the values referred to as the
 "retardation factor",  are expnessed as a
function of both the porosity of the
specific earth materials and the ;
distribution coefficient. The velocity
factors are riot usually important in the
unsaturated !zone but are significant in

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11156
Federal  Register / Vol. 46. No.-24 / Thursday.  February 5, 1981 /
the saturated zone. The exchange in the
unsaturated zone is a mass exchange
phenomenon which will vary with time
at any location until the exchange
capacity of the earth materials is fully
utilized (I.e. the solution and the soil are
in chemical equilibrium and no net
exchange occurs). Therefore a
progressive diminishing of the total
exchange capacity must be anticipated.
If the design of the disposal facility
depends on the exchange taking place,
then the exchange capacity can not be
exceeded, This is a mass balance type
of problem which could limit the total
mass of contaminant placed in any one
land disposal operational unit Control
Is achievable by two methods: (1)
Determining the total exchange capacity
available and limiting the total mass of
the waste disposed of to or below thai
limit, or (2) retarding the migration of
the leachate by closing and covering the
disposal facility.
   An effective infiltration reducing
cover can significantly reduce the
driving force which allows leachate to
migrate, the cover would thereby
commensurately reduce the rate of
contaminant mass migration. It should
be noted that this design and
management technique requires
continuing maintenance, and becomes
ineffective when the zone of deposition
is within the saturated zone.
Unfortunately, it is quite common for
landfills to be designed to operate
within  the saturated zone, being
maintained dry by groundwater and/or
leachate withdrawal systems. This
practice ignores the fact that the water
 table elevation which will be re-
 established following closure will
 saturate the waste unless the leachate
 withdrawal is continued ad infinitum.
 When this saturation occurs, the
 character of the leachate will tend to
 change since greater volumes of water
 will bo in intimate contact with  the
 waste. The driving forces tending to
 move the leachate will also be altered
 thereby increasing the rate of migration
 of solubilired contaminants and likely
 causing the leachate to move in new
 unprodlcted directions.
   Another factor which must be
 considered for at least the most active
 containments is horizontal dispersivity.
 This phenomena is caused by capillary
 action, molecular diffusion, and the
 tortuosity of the dominant vertical flow
 path through the unsaturated zone.
 Horizontal dispersivity can be
 empirically determined, but the resulting
 horizontal component of flow is usually
 so small that a vertical characterization
 with some safety factor is sufficient.
 This does not mean that the horizontal
                         component of leachate flow can be
                         ignored, however, since the presence of
                         relatively impermeable layers or lenses
                         will force horizontal flow by inducing
                         perched saturated zones;
                           Ultimately, the complexity of the
                         analysis required in § 122.25(d)(3) is
                         dependent on the natural complexity of
                         the geology in the vicinity of the site.
                         The regulations require the applicant to
                         define the locus of effect resulting from
                         his waste disposal activities. The'
                         applicant can choose to locate the
                         disposal site where the natural geologic
                         system is homogenous and relatively
                         simple to define. Alternatively, by
                         locating where the system is complex
                         and thereby difficult to define, the
                         applicant will be obligated to expend
                         greater resources in investigating,
                         understanding, and defining the locus  of
                         effect that his proposed activity will
                         have on the environment. By careful site
                         selection, the permit applicant can
                         greatly reduce the informational burden
                         of the permitting process, thus reducing
                         the costs associated with obtaining a
                         permit. -
                           The art of defining gaseous migration
                         is less fully developed than the art of
                         defining liquid migration. The principles
                          and factors are however known, and the
                         requirement of definition should
                          encourage the refinement of the art. •
                         With the incidents of serious adverse
                          health and environmental effects known
                          to  the Agency, the problem cannot^be
                          ignored due to the relative weakness of
                          the developed art of definition.
                            f. Saturated zone monitoring—
                          § 122.25(d)(4). This subsection requires
                          the permittee to characterize the
                          migration of leachate in the saturated
                          zone. The first task, required in
                          § 122.25(d)(4)(ii), is to describe the
                          alteration caused by the facility in the
                          vertical elevation of the ground water in
                          the zone of saturation. This
                          phenomenon, called ground water
                          mounding, occurs beneath essentially all
                          active operational units of land disposal
                          facilities in response to the addition of
                          liquids from normal land disposal
                          practices (see § 122.25(d)(2) with respect
                          to quantitative factors). In performing
                          this analysis, it must be remembered
                          that the elevation of the saturated zone
                          also rises and falls due to natural
                          variations in the amount of rainwater
                          infiltration. Occasionally, the saturated
                          zone elevation will vary due to external
                          factors which may influence the
                          pressure head adjacent to the leachate
                          migration zone. Seasonal variations in
                          elevation can be quite large, particularly
                          in tight soils such as tills and clays.
                          Determination of these seasonal
                          variations can be made by conventional
 hydrogeologic investigation and an
 understanding of the natural system.
 Naturally occurring high water table
 elevations are often identifiable by
 physical observation of the soil due to
 soil mottling and can be directly
 measured through wells: In some areas,
 the U.S. Geological Survey (USGS)
 measures these variations in specified
 observation wells and reports results
 monthly. This data, however, may not
 be sufficiently localized for direct
 (rather than inferential) use in the
 facility design. The characterization of
 variations in  the elevation of the
 saturated zone is of extreme importance
 in defining the ground water flow
 system because the water table head is
 the driving force behind ground water
 migration.
   Based upon characterization "of the
 ground water mounding caused by the
 facility and the results of the site  .
 investigation required in § 122.25(g), a
 flow net can  be devised to predict
 leachate flow patterns assuming that the
 flow characteristics were similar to
 ground water indigenous to the area.
 Refinements to this assumption can be
 made by considering additive factors to
 account for transverse, lateral and
 vertical dispersivity. The use of a
 ground water flow net and analysis  of
 leachate dispersivity factors 'then allows
 the probable leachate plume to be
 described as required in
  § 122.25(d)(4)(iii).
    Dispersivity is an empirical factor
 which varies with the specific type of •
  contaminant and earth material through
 , which the  contaminant migrates in the
  ground water. Dispersivity can be
  described by reference to the three
  possible dimensions—transverse,
  lateral, a'nd vertical. The real extent of
  the plume (in the horizontal plane)
  would be described by the
  contaminant(s) that exhibited the
  greatest transverse and lateral
  dispersivity. In practice, experimental
  determinations of dispersivity are
  imprecise and in situ response can only
  be approximated. The format of the
  regulation allows this imprecision to be
  accommodated administratively by
  allowing uncertainties to be accounted
 - for between the best estimate of the
 .zone to be affected and the permit
  limiting estimate  of the zone. These
  accommodations are reflected in
  § 122.25(d) (7) and (8).          .
    The third  dimension, vertical
  dispersivity, would be a reflection of the
  transverse dispersivity in homogeneous
  medium. Due to layering, however, in
  situ resistance to vertical  flow is often -
  greater than the resistance to horizontal
.  flow. Gravitational effects can also be

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                 Federal Register / VoL  46,  No. 24  / Thursday, February 5, 1981 / Proposed Rules         11157
  very significant. Many contaminants are
  immiscible in water arid respond
  independently to gravitational forces in -
  accordance to their specific gravity.
  Contaminants which are significantly
  lighte'r than water tend to float at the
  surface of the plume zone. Those
  contaminants which are significantly
  heavier, sink and extend the vertical
  dimension of the zone downward.
  Similar effects are caused when .- '  .
  contaminants are miscible (or soluble)
  in water as the heavier contaminants
  usually tend to drag the leachate zone
  deeper into the ground water flow
  system. The more rapid the relative flow
  is in the transverse direction, the less
  pronounced vertical dispersivity will be.
  The vertical dispersivity effect must be
 . defined to comply with § § 122.25(d)(4)
  (iii) and (iv).
    The definition of the transverse
  transport of contaminants by units of
  mass depends primarily on-the leachate
  exchange phenomenon of the earth
  medium through which it flows. Except
  in slow moving systems [e.g., tight soil)
  the velocity factor is significant, and
  must be taken into acco.unt. This means
  that "retardation factors" should be
  used to express the phenomenon rather
  than '.'distribution coefficients" alone.
 ' The leachate-soil exchanges can be an
  extremely significant factor in improving .
  the quality of the leachate through
  dilution, or in certain cases (e.g., in
  shallow-systems with sufficient energy
  to support biological activity), the
  degradation of organic matter. The
  do'minant effect is a reduction in the
  concentration of contaminants .at an
  area of discharge (or withdrawal)
  through delay (retardation) and dilution
  (dispersion). Continuous long term use
  of the same" disposal area for the same
  refractory contaminants will ultimately
  negate the desired effect of retardation.
  With respect to immiscible  '
  contaminates which tend to layer in the
  flow system, the exchange capacity is
  utilized more rapidly. Therefore, quality
  improvement with respect to distance
  and time are less probable. Immiscible
  contaminants which are lighter than
  water are  quite likely to exhibit greater
  transverse dispersivity than water,
  especially if they are less viscous than
  water. Immiscible contaminants which
  are heavier than water will tend to be
  deppsited to a greater extent in the
 natural system and sink deeper into the
 ground water system. Heavier
 immiscible contaminants may exhibit a
 pressure head independent of the
 ground water system (due to their own
-specific gravity) and migrate in different
 directions than the ground water.
   Sections 122.25(d)(4)(i) through (v)
 require an analysis of contaminant
 transport in the saturated zone. Such an
 analysis is within the state of the art,
 however the art is not yet precise. The
 regulations accommodate this
 imprecision by requiring,maximum rate
 and locus predictions and commitments
 (see §§ 122.25(a)(l)(iii), (2)(iv), (3)(v),
 (4)(iv) and fv), (5)(ii) and (iv). Periodic
 re-predictions are also required based
 on monitoring data collected during
 operation of the facilities (see 122.28(f). .
 Where imprecision is due to the physical
 characteristics of the contaminants (i.e.,
 those which are immiscible and exhibit
 specific gravities quite different than
 water or leachate), design, management,
 and regulatory controls should seve to
 restrict disposal in the saturated zone.
 These controls may be pertinent to the
 concentrated land disposal of volatile
 organic solvents and chlorinated organic
 solvents, controlled (retarded)
 evaporation, or long term storage in the
 unsaturated zqne,            -
   g. Discharge from zone of
 containment—§ 122.25(d)(5). This
 subsection deals with contaminants
 other than gases, that are discharged or
 withdrawn from the zone of
 containment described in § § 122.25(d)(3)
 (v) and (iv). It should be noted that the '
 ground water table forms the upper
 boundary of the zone of containment
 except where the description provided
 in compliance with § 122.25(d)(3)(vj
 shows otherwise.        .
   Section 122"25(d)(5)(i) deals with the
 expected locus of discharge from the
 containment zone while § 122.25(d)(5)(ii)
 deals with the locus ofdischarge to be
 authorized by the permit. To be
 authorized, the discharge effects (which .
 are maximum effects not expected to be
 are realized) must meet: the ground
 water protection standard (established
 in §  264.2), the performance  standards
 (established in §§ 264.20 and 264.21),
 and'the demonstrations of performance
 (required in § 264.21).
  Fluids withdrawn from the saturated
 zone are discussed in §§ 122.25(d)(5)(iii)
 and  (iv), in a manner similar to the locus ,
 of discharge considerations discussed
 above.         .
  7.  Variations in precision—§ 122.25(e).
The purpose of this subsection is to
 establish a basis for allowing some
variation in the degree of precision   .'.
required to comply with subsection (d)
informational requirements.  The
informational requirements are based on
the .premise that a certain amount of
information is necessary to determine
whether or not an effect resulting from
land disposal is acceptable. This
minimum information must be sufficient
   to allow the following questions to be
   answered: !              .
    (1) What /may cause the adverse
   effect?     '    • .         -       .
    (2) Wher& may .the effect pccur?
    (3) How much exposure may occur?
    The hard data needed to answer these
   questions will vary considerably with
   the character of waste disposed of, the
   location of the disposal site, and the
   method of disposal. These variations in
   circumstances surrounding a permit
   application indicate a necessity to allow
 .  some variation in the degree of precision
   of the data required for informed •
   decisions on permit applications.;
   Additionally, inadequacies in the state.
   of the art are recognized and accounted
   for by allowing best estimates where
   currently available prediction methods  .
   do not provide precise data.
    The Agency is striving to be as
   flexible as possible  by limiting
   informational requirements where
  possible and allowing variations in the
   levels of precision required in
  recognition'of state  of the art
  constraints. To further aid permit
  applicants ia meeting the informational
  requirements, EPA has available a
  number of guidance documents in the
  form of Permit Writer's Guidance
  Manuals and .Technical Resource
  documents (see § VII(B) of the Preamble
  for more information on these           •
  documents).
    Section 122.25(d)(2)(iv) requires that
  the definition of the  character and
  volume of leachate discharged from a
  facility be a best estimate. The
  monitoring and modeling requirements  '
  of § 122.5(f) provide  a mechanism for   •
  subsequent verification and re-
  prediction of. this initial estimate.
  Section 122.25(e)(3) further clarifies the
  term "best eistimate" by requiring the
  estimate, to be sufficiently precise to
  establish a number of factors necessary, '
- to determine the potential adverse effect
  of the leachate.    v
    As .mentioned previously, the art of
  defining gaseous migration is less fully
  developed ttian the art of defining liquid
  migration. In recognition of this,    _  _
  § 122.25(e)(5) requires only a best  ,
_; estimate of the locus of gaseous
  migration. A't a facility containing .many  '
  operational units (the same or- different
  types of units),-;the gaseous migration
  from one unit may be a small percentage
  of the  total emissions of the facility.
  Section 122.25(e)(2)(iv) allows the.rate of
  gaseous migration from any one
  particular operational unit at a facility
  to be considered in conjunction with the
  rate of migration from all operational  .
  units at the facility.                 "'
   Section 122.25(d)(8) gives a permit
  applicant the option of using a multiplier

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              Federal Register / Vol. 46, No. 24 / Thursday. February  5, 1981 / Proposed Rules
11158
(O.R., 105 percent, 120 percent) in
defining the location and rate of
migration to allow for a margin of error
in his predictions. The applicant must,
however, define the factor(s)-if he elects
to use one. By providing for a margin of
error in this way, a permittee can guard
agttinst permit violations resulting from
the imprecision of prediction methods
without compromising the "best.
estimates".
  Where leachate (or ground water
affected by leachate) will discharge to
standing surface water or the surface of
the ground, a prediction as accurate as
can bo achieved is required by
§ 122,25(d)(ll). However, where the
affected surface water or ground is
within the controlled boundaries of the
facility, &  lesser degree of accuracy is
acceptable. This imprecision is allowed
because exposure to the potentially
affected water and ground will be
controlled through the security
requirements contained in § 264.14.  -
  Leachate plumes caused by the
disposal of hazardous wastes into or on
the land may migrate into a number of
various passive collection devices such
as storm drains, sanitary sewers,
ditches, or agricultural drainage
systems. This migration may cause
damage to the collection devices (e.g.,
corrosion of sewer pipes) and the
subsequent, unexpected migration of
contaminants where the leachate plume
 Interacts with the normal flows
 associated with these devices. Section
 I22.25(e){12) requires that these factors
 be predicted and accounted for in the
 information submitted by permit
 applicants.
   8. Permits by rule—§ 122.26. As
 mentioned previously in this preamble,
 the  scope of the permit by rule to allow
 RCRA jurisdiction over certain types of
 facilities  to be exclusively administered
 under the UIC program has been
 proposed for amendment A basic
 problem became .evident upon analysis
 by the Agency of the decision not to
 implement the total UIC ban of Class IV
 wells. Class IV wells are those which
 "inject" hazardous waste above an
 "underground source of drinking water"
 fUSDW). Included are a number of
 facilities that are wells because of the
 UIC definition (i.e.. deeper than wide).
 Many are among those subject to
 Subpart S—Seepage Facilities—of
 today's promulgation. It should be noted
  that the Class IV ban of wells that inject
 directly into a USDW is being
 continued, and must be considered a
  limitation on RCRA jurisdiction to
  permit such facilities.
   The basic problem is that the scope of
  authority to permit or deny applications
  for permit under the RCRA and the
SDWA is not equivalent. In today's
proposed rule that problem is being
resolved by promulgating undefboth. the
RCRA and the SDWA. In this way the
RCRA standard will apply equally to
either program and, at least within the
Agency, exclusive jurisdiction is not a
primary issue. The allocation of staff
resources with appropriate talents to
review permit applications for
hazardous waste land disposal facilities
can be managed as appropriate to the
Agency's goals.
  The permit by rule allows UIC
exclusive jurisdiction in those
circumstances when it is clear that the
RCRA standard will be complied with.
Those circumstances exist only when no
waste will enter a surficial aquifer and
no w,ater will be withdrawn for use from
the zone of containment within the
injection zone. In all other
circumstances, the RCRA criteria and
standards will apply. Due to the choice
to promulgate under both laws, permits
using the RCRA rule may be issued by
those administering the UIC program.
   9. Triannual reprediction of leachate
plume migration—•§ 122.28(f). Permittees
are required in § 122.25(d) to define
maximum rate and locus effects of
leachate discharges from their facility
and include these definitions in the
permit application. These predictions
are then incorporated as permit
limitations (see § 122.29(c)) and if  ,'
 exceeded, constitute a permit violation.
However, the state of the art in defining '
leachate  transport is not precise and it is
 recognized that predictions made at the
.time of permit application may not be
 accurate. To further account for this
 imprecision (§ 122.25 (d) and (e) also
 account for it), § 122.28(f) requires
 submission of triannual repredictions of
 the effects described in § 122.25(d) and
 any information supplemental to the
 reprediction required in § 122.25(e). Any
 proposed modifications to the
 monitoring and modeling program
 necessary in light of the reprediction of
 effects must also be submitted.
   The triannual reports, containing the
 above described information,  need not
 be submitted until March 1 of the year
 following the completion of three full
 years of operation. For the purposes of
 this requirement, the water year
 (October 1 to September 30), rather than
 the calendar year, is used for the
 computation of years of operation.
    If these xepredictions indicate that
 limits on the rate or locus of effects,
 contained in the permit have or will be
 exceeded, the permittee must request a
 modification of the permit.
    The proposed modification can be to
 expand the zone of effects or reduce the
 rate of waste disposal (see
                                                                               § 122.15(a)(8)(i)). If it appears that the  •
                                                                               maximum zone of effects defined in the
                                                                               permit exceeds that which will be
                                                                               reached, the permittee may request a
                                                                               permit modification to reduce the
                                                                               defined zone (see § 122.15(a)(8)(ii)).
                                                                                 If the Director finds that the zone of
                                                                               effects defined in the permit is
                                                                               substantially unrelated to the actual
                                                                               zone of effects, he must require the
                                                                               permittee to redefine the zone (see
                                                                               § 122.15(a)(8)(iii).
                                                                                 10. Establishing RCRA permit
                                                                               conditions—%  122.29. Two permit
                                                                               conditions are being proposed as
                                                                               additions to §  122.29. The first,
                                                                               contained in § 122.29(b), requires that
                                                                               RCRA permits limit the maximum rate .
                                                                               of disposal at  or below the rate applied
                                                                               for by the applicant. The second,
                                                                               contained in § 122.29(c), establishes that
                                                                               the only effects which will be authorized
                                                                               by permits are those defined by the
                                                                               applicant in accordance with § 122.25(c).
                                                                                  This  does not mean that all described
                                                                               effects will  be authorized, but only that
                                                                               any effects  which are not described in
                                                                               the application will not be authorized by
                                                                               the issuance of a permit even in the
                                                                                absence of a permit condition.

                                                                               VIII. Supporting Documents
                                                                                  The Agency has developed or will
                                                                                prepare the following supporting
                                                                                documents  in conjunction with these
                                                                                regulations.
                                                                                A. Background Documents
                                                                               .-   Nine background documents support
                                                                                these regulations, providing response to
                                                                               • public comments and rationale for how
                                                                                and why the regulations have come to
                                                                                be written the way they are. In
                                                                                conjunction with the references listed in
                                                                                them, these documents provide the basis
                                                                                for and defense of the proposed
                                                                                regulations.                 "
                                                                                  For the most part, they are the same
                                                                                background documents issued in
                                                                                support of  the May 19,1980,
                                                                                promulgation, but they have been
                                                                                expanded to  include: (a) Summaries and
                                                                                responses to  comments on the May 19
                                                                                interim final, interim status regulations;
                                                                               .  (b) summaries and response to
                                                                                comments  on the October 8,1980,
                                                                                 supplemental notice of proposed
                                                                                rulemaking, permit standards applicable
                                                                                 to owners  and operators of hazardous
                                                                                 waste treatment, storage and disposal
                                                                                 facilities; (c)  summaries and responses
                                                                                 to comments on the proposed
                                                                                 (December 1978) general standards; and
                                                                                 (d) rationale for the general standards
                                                                                 proposed today. The following
                                                                                 documents, directly support the
                                                                                 regulations proposed today.
                                                                                   1. Surface  Impoundments
                                                                                   2. Waste Piles*

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                Federal Register /  Vol.  46, No, 24 /  Thursday, t February 5,  1981 / Proposed Rules         11159
   3. Land Treatment
 -.4. Landfills  1
   5. Underground Injection and
 Underground Seepage    .
   6. Information Requirements for
 Permitting Discharges from Land
 Disposal Facilities                    :
   7. Ground Water Protection Standard
   8. Ground-water and Air Emission "
 Monitoring
   9. Performance Standards for Land
 Disposal Facilities
   Copies pf the Background Documents
 used in support of these proposed rules
 are available for review in all EPA
 Regional Office libraries and in EPA
 headquarters library (Public Information
 Reference Unit) Room 2404, Waterside
 Mall, 401 M Street, SW., Washington,
 D.C. 20460.

 B. Guidance Documents
   The permit official must review and.
 evaluate permit applications to
 determine whether the proposed    •
 objectives, design, and operation of a
 land disposal facility will be in
 compliance with all applicable
 provisions of the regulations (40 CFR
 264).                         .
   EPA is preparing two types of.
 documents for permit officials
 responsible for hazardous waste  .
 landfills, surface impoundments, and
 land treatment facilities: Permit Writer's
 Guidance Manuals and Technical
 Resource Documents. The Permit
 Writer's Guidance Manuals provide
 guidance for conducting the review and
 evaluation of a permit application for  - -
 site-specific control objectives and
 designs. The Technical Resource
 Documents support the Permit Writer's
 Guidance Manuals in certain areas .(i.e.,
 liners, leachate.management, closure,
 covers, water balance) by describing
 current technologies and methods for
 evaluating the performance of the
 applicant's design. These documents
 will also assist the owner/operator to
 identify and evaluate technologies
.which can be used to control potential
 adverse effects on human health and the
 environment in order to comply with' the
 Part 264 regulations. The information
 and guidance presented in these
 manuals constitute a suggested
 approach for review and evaluation
 based on best engineering judgments.
 There may be alternative and equivalent
 methods for conducting the review and
 evaluation. However, if the results of
 these methods differ from those of the
 EPA method, their validity may have to
 be validated by the applicant.
  'In reviewing and evaluating the
 permit application, the permit official
 must make all decisions in a well
 defined and well documented manner, •'-.--
  Once an initial decision is made to issue
  or deny the permit, the Subtitle C
 ; regulations (40,CFR 124.6,124.7 and
  124.8) require preparation of either a
  statement of basis or a fact sheet that
  discusses the reasons behind the
  decision. The statement of basis or fact
  sheet then becomes part of the permit
  review process specified in 40 CFR
  124.6-124.20,
   These manuals are intended to assist
  the permit official in arriving at a
  logical, well-defined, 'and well-
  documented decision. Checklists and
  logic flow diagrams are provided
 .throughout the manuals to ensure that
  necessary factors are considered in the'
  decision process. Technical data are
  presented to enable the permit official to
  identify proposed designs that may
  require more detailed analysis because
  of a deviation from suggested practices.
  The technical data are not meant to
  provide rigid guidelines for arriving at a
  decision. References are cited
  throughout the manuals to provide
  further guidance for the permit official
  when necessary.
   The following draft Technical
  Resource Documents ar.e available:
   a. Evaluating Cover System for Solid
,  and Hazardous Waste (SW-867)
   b. Hydrologic Simulations on Solid
  Waste Disposal Sites (SW-868)
   c. Landfill and Surface Impoundment
 Performance Evaluation (SW-869)
   d. Lining of Waste Impoundment a'nd
 Disposal Facilities (SW-870)
   Single copies of these documents are
 available from Ed Cox, Solid Waste :
 Information, U.S. EPA, 20 West St. Glair
 Street, Cincinnati, Ohio 45268. If
 available copies run out, the Agency
 may have to charge by the page for
 photocopying. EPA is also preparing the
 following additional manuals in support
 of the Part 264 Land Disposal regulatory
 program:                      '
   1. Permit Writer's Guidance Manuals:
   a. Landfills
   b. Surface Impoundments       '.
   c. Land Treatment
   d.,Piles
   2. Technical Resource Documents:
   a. Management of Hazardous Waste
 Leachate (SW-871)
   b. Guide to the Disposal of Chemically
 Stabilized and Solidified Wastes (SW-
 872)
   c. Closure of Hazardous Waste
 Surface Impoundments (SW-873)
   cL Design and Management of
 Hazardous Waste Land Treatment
 Facilities (SW-874)
   e. Soil Permeability Test Manual
   f.  Leachate Characterization from a
 Hazardous Waste Facility
  . g. Landfill Closure Manual  ,
    h. Ground-Water Monitoring for
  Owners and-Operators of Treatment,"',
  Storage or Disposal Facilities

_JC. Economic, Environmental, and
  Regulatory Impacts                . ,
    Under Executive Order 12044, the
  Agency is required to prepare a
  regulatory analysis for all new
  significant regulations. This analysis is
  to include a comprehensive economic
  impact analysis and a discussion of the
  regulatory alternatives considered. The
  Agency has not yet prepared the
  economic impact analysis for this
  rulemaking. However, EPA plans to  '
  complete one and make it available for
  public review and comment before a
  final rule is promulgated. The Agency's
  October 8,1980 Supplemental Proposed
  Rulemakmg Notice described and
  invited public comment on the
  regulatory'alternatives considered. EPA
  believes that Notice fulfilled, in part, it's
  obligation under E.0.12044 to describe
  and invite comment on the regulatory
  approaches considered. However, EPA
  plans to prepare and allow public -
  comment on a full Regulatory Analysis
  before promulgation of a final rule. This
  analysis will discuss the approaches
 •considered and the rationale for the
  approach taken in today's proposed rule.
   Under the Federal Reports Act of
  1942, OMB reviews reporting
  requirements in proposed forms and "
  regulations in order to minimize the
 burden of respondents and the cost to
  the Federal government. For all new
 regulations, OMB's procedures require
 us to estimate the size of the reporting
 •burden, describe who must report and
 apply to OftiB for a clearance.
 Accordingly, EPA is estimating the .
 reporting burden of today's proposed
 rule and will submit a clearance
 package to  OMB as soon as possible.  -
 Congress luis recently amended this Act
 with the Paperwork Reduction Act of
 1980, Pub. L. 96-511. After the effective
^date of this new Act (April 1,1980) all
^agencies must have OMB's approval of
- the reporting burden before any
 regulation is promulgated.
   The Regulatory Flexibility Act   '
 requires all Federal agencies to consider
 the effects cf their'regulation on "small
 entities", i.e., small businesses, small
 organizations, and small governmental
 jurisdictions!. Itrequires agencies to
 propose, for public comment a
 "Regulatory Flexibility Analysis" ;for
 any, regulations proposed after January
 1,1981, which will cause a significant
 impact on a substantial number of small
 entities. The1 Act requires the analysis to -
 include, among other things, an estimate .,
 of the number of small entities affected
 by the regulations (where feasible), a

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lltGO         Federal Register /Vol. 46, No.  24 / Thursday, Februarys,JL981 _/  Proposed	Rules_
description of the reporting and other
compliance requirements imposed on
them, and a description of any
alternatives considered to minimize the
economic impact of the regulations on
them.
  Although EPA has not yet prepared a
Regulators' Flexibility Analysis of the   -
small entity impacts of the rules it is
proposing today, it believes th.at a
significant portion of the potential
impact of these rules on small entities
has already been substantially reduced
by the small quantity generator
exemption contained in EPA's May 19,
19flO, regulations; an exemption granted
primarily for administrative reasons.
See 40 CFK 281.5. EPA intends to
analyze the impact of these rules  on
small entities more thoroughly in  the
future, and publish it's analysis for
public comment. In the meantime, the
Agency expressly invites the public to
address the impact of this rule on small
entities in their comments.
  Dated: January 17,1981.
Douglas M. Costlo,
Administrator.
   For the reasons set out in the
preamble, 40 CFR Part 264,260, and 122
are proposed to be amended as follows:

PART 264—STANDARDS FOR
OWNERS AND OPERATORS OF
HAZARDOUS WASTE TREATMENT,
STORAGE AND DISPOSAL FACILITIES
   1. Amend Table of Contents as
 follows:
   a. Add to  Subparl A—General:

Stc.
204,2   Non-numerical health and
    environmental standard (Ground-water
    protection standard).
   b. Add to  Subpart B—General Facility
 Standard!!.
 204.19  Land disposal facilities.
 204.20  Minimum standards applicable to a
    variance from the ground-water
    protection standard for ground water
    used for drinking.
 204,21  Performance standards and
    associated demonstrations of
    performance.
    c. Add the following:
 Subpart F—Ground-water and Air Emission
 Monitoring
 Sec.
 204.90  Applicability.
 204.91  Ground water monitoring system.'
 204.92  Sampling and analysis.
 264.93  Preparation, evaluation, and
     response.
 204.94   Rocordkecping and reporting.
 204,95   Air omission monitoring system.
 204,98   Air emission sampling and analysis.
 204,97   Air emission evaluation and
    > response.
Sec.
264.98  Air emission recordkeepirig and
    reporting.                .
*****          ,    -

Subpart M—Land Treatment
264.270  Applicability.
264.271  [Reserved]
264.272  General operating requirements.
264.273  [Reserved]
264.274  [Reserved]
264.275  [Reserved]
264.276  Food chain crops.
264.277  [Reserved]
264.278  Unsaturated zone [zone of areation)
    monitoring.
264.279  Recordkeeping.
264.280  Closure and post-closure.
264.281  Special requirements for ignitable or
    reactive waste.                   .
264.282' Special requirements for
    incompatible waste.
264.283  Special requirements for classes of
    facilities.
Subpart N—Landfills
264.300  Applicablity.
264.301  General design requirements.
264.302  General operating requirements.
264.303  [Reserved]
264.304  [Reserved]
264.305  [Reserved]
264.306  Inspection and( testing.
264.307  [Reserved]
264.308  [Reserved]
264.309  Surveying and recordkeeping.
264.310  Closure and post-closure.
264.311  [Reserved]                   '
264.312  Special requirements for ignitable or
    reactive waste.
264.313  Special requirements for
    incompatible wastes.
264.314  Special requirements for liquid
    waste.
264.315  Special requirements for containers.
264.316  Special requirements for classes of
    facilities.
Subpart R—Underground Injection
264.430  Applicability.
264.431  General design and installation
    requirements.
264.432  General operating requirements.
264.433  Monitoring and response.
264.434  Closure and post-closure.
Subpart S—Seepage Facilities
264.460  Applicability.
264.461  General design requirements.
264.462  General operating requirements.
264.463  Containment systems.
264.484 Diversion structures.
264.465  [Reserved]
264.466 Inspections and testing.
264.467 Contingency plans.
264.468 Closure and post-closure.
 284.469 Special requirements for ignitable or
    reactive waste.               ,  ,
 264.470 Special requirements for
    incompatible wastes.

 Subpart T— Minimum Acceptable Treatment
 of Hazardous Wastes Prior to Disposal
 264.490 Applicability.
 264.491  General requirements.

    2. The  authority citation for Part 264 is
 revised to read as follows:
  Authority: Sections 1006, 2002(a), 3004, and
3005 of the Solid Waste Disposal AcVas
amended by the Resource Conservation and
Recovery Act of 1976, as amended, 42* U.S.C.  .
6901 et seq., §§ 6905, 6912(a), 6924, and 6925;
and, with respect to "well injection", Sections
1421,1422,1423, and 1424 of the Safe Drinking •
Water Act, as  amended by the Safe Drinking
Water Act Amendments of 1977, 42 U.S.C.
300f et seq. sees. 300h, 300h-l, 300h-2, and
300h-3.
  3. In §'264.1, paragraph (d) is revised
to read as follows:     ,

§ 264.1  Purpose, scope, and applicability.
*.**•*    *'
  (d) The requirements of this Part
apply to a person disposing of
hazardous waste by means of
underground injection subject to a
permit issued under an Underground
Injection  Control (UIC) program
approved or promulgated under the Safe
Drinking  Water Act and a permit by rule
under § 122.26(b) of this chapter only to
the extent they are required by § 122.45
of this chapter. These Part 264
regulations do apply to the aboveground
treatment or storage of hazardous waste
before it is injected underground.
***.**
   4. Section  264.2 is added to read as
follows:

§264.2  Nonnumerical health and
environmental standard  (Ground-water
protection standard).
   The owner or  operator of a land
disposal  facility shall not dispose of
hazardous waste into or on any land
unless:
  -(a)(l) Leachate and other subsurface
discharges that wilf enter into and
migrate within a ground water aquifer
will not mingle with and thereby affect
 any ground water which is being or may
in the future be collected or withdrawn
 for domestic, agricultural, industrial,
commercial  or other uses, or
   (2) A variance is authorized in
 accordance  with the procedures of
 Subpart A of Part 124 based on a
 showing by  the owner or operator as
 required, in this section and §§ 264.20,
 264.21, and-§ 122.25; and'a finding by the
 Regional Administrator; that any ground
 water which is being or may in the
 future be collected or withdrawn for
 domestic, agricultural, industrial,
 commercial or other uses'will not be
 adversely affected for such uses and
 that public health and the  environment
 will not be adversely affected; and
    (b) Affected ground water will not
 adversely affect the use of the overlying
 land outside of the.land disposal facility
 for residential, agricultural, industrial, or
 commercial purposes or otherwise
 adversely affect public health or the
 environment; and

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                                        5< 1981
                                                                                                        Rules
                                                                                                                       * 11161
  .  (c) Discharges of affected ground    ,
  waters to surface waters will not
  adversely affect existing pr potential
  future uses of such surface waters or
  othenvise adversely affect public health
  or the  environment,
    5. In § 264,10, paragraph (b) is revised
 ' to read as follows:              -
    (b) Section 264.18(b) is applicable only
 'to facilities subject to regulation under
  this Part 264, Subparts I, J, K, L, M, N, O,-
  R. S, andT.
    6. Section 264.19 is added to read as
  folows:

  §264.19 Landdisposal facilities.   '•.-'•..
    (a) Several'types of facilities at which
  hazardous waste is intentionally placed,
  discharged, deposited, or injected into or
  on the land;  at which waste may remain
  after closure; and from which leachate
  may discharge into or on any land are
  defined in §  260.10. These facilities
  include the following types;
    {!) Surface impoundments other than
  those used solely for storage or storage
  and treatment,
    (2) Waste piles other than those used
  solely for storage or storage and
  treatment,
   , (3) Land treatment facilities,
    (4) Landfills,   -.••_-•
; .  (5) Underground injection facilities,
    (6) Seepage facilities; including
  seepage lagoons, drying beds,  seepage
  pits, seepage beds, and injection wells   ,
  that are not cased to prevent discharge   •
 .into  the surficial aquifer.
    (b) No disposal of hazardous wastes
  into  or on the land .will be  authorized by
 permit except in a facility listed in
 subsection (a) of this section unless the
 specific type of land disposal facility is
 approved by rulemaking petition in
 accordance with § § 260.20 and 260;23,
   (c) For the purpose facilitating.
 descriptions of the varying amounts of
 information required to pursue a permit
 under §§ 264.2[a) (1) or (2)  and to.
 establish compliance with performance
 standards,  monitoring and modeling
 requirements, and technical standards;
 and to facilitate descriptions of varying
 performance standards, monitoring and
 modeling requirements, arid technical
 standards in these regulations; the
 following classes of land disposal
 facilities are established:
   (1) Class A: A land disposal facility
 which does or will discharge into an
 aquifer which,, in its  entirety, is not and
 will not  in the future be a source of
 water supply  for any use.
  ' (2) Class  B: A land disposal facility
  which does or will discharge into a   ,
  portion of an aquifer which is not and
  will not in the future be a source of
  water supply for any use although other
  portions of the same aquifer is or may in
  the future be a source of water supply
  for some use.
    (3) Class C; A land disposal facility
  which does or will discharge into a  ,
  portion of an aquifer which is or may in
  the future be a source of water supply -
  for uses other than as drinking water.
    (4) Class D: A land disposal facility
  which does or Will discharge into a
  portion of an aquifer which is or may in
  the future be a source of public drinking
  water supply.
 :   (5) Class E: A land disposal facility
  which does or will discharge into a
  portion of. an aquifer which is or may in
  the future be a source of private drinking
  water supply.   .  ."  •  •        ,
    7. Section 264.20 is added .to read as
  follows:

  § 264.20 Minimum standards applicable to
  a variance from the  ground-water
  protection standard for ground water, used
                                             . Milli-
                                             grams
   Owners and operators of Class D and
 E land disposal facilities shall not;    -
   (a) Discharge contaminants which will
 cause the concentratipn of contaminants
 at any point of actual or potential
 collection or withdrawal of ground
 water for use as drinking water to
 exceed:
   (1) 80% of the following maximum
 contaminant levels specified in the
 National Interim Primary Drinking
 Water Regulations:. ;         ..         .
 Barium	..,.,.;
 Cadmium	
 Chromium.	
 Lead	.-.	
 Nitrate (as N)..,
 Selenium	
  grams
 per liter
    1.
. -.  0.01
    0.06
    0.05
,   10.
    0.01
   (2) 40% of the following maximum
 contaminant levels specified in the
 National Secondary Drinking Water
 Regulations:
                                    grams
                                     per
                                     liter
Chlqrfde....	;.-.	;.	  ...... 250.
Foamjng ;agents	„	...„.	   o.5
Su!fat8	..		.,...„...,.;.„.„           250
•Total dissolved solids (TDS) .....11™."IZZ13ZZ 500!
 •, (3) 20% of the following maximum
contamination levels specified in the
National Secondary Drinking, Water
Regulations:'     "   ,     -   .
          Copper.;......;..
          Iron	
          Manganese._':
          Zinc..;..	
                                       *  . -

                                      .03
                                       0.05
                                       0.2
    (4) A color of greater than 3 color
  units.  •• ;i '•-'•'-:•  - - /.  '-.••   -V-  •  •
    (5) An odpr greater than 1 threshold
  odor number.
    (6) A sodium,concentration greater   >
  than20m&/l. .       ,
    (b) Discharge"any of this  following
  contaminants-or groups of contaminants
  to ground waters which are or which
  could in the future be collected or
  withdrawn for use as drinking water.
  Acrylonitrile
  Arsenic  ' | '   .      ---.•.---.   -^ -,-•
  Benzene   '
  Berizidine .'   .               "         ,'.'.
  Beryllium ••':••
  Cdrbamate Insecticides, including but not
     limited to;
   Methoiny]
   2-Methyl-:2-(methylthio)propionaldehyde-o-
     (methylicarbamyl) oxime -.  .
  Chlorinated Hydrocarbon Insecticides,
     including but riot limited to;
   Aldrin  .;    , '  ,  ;    •
   Chlordanti                  ,
   DDf (Total--BDT1 pDD,'& DDE)
   Dieldrin  [ .    ;•••'    .-' ,.  ,     ,       '
 Endria and metabolites ..
 Heptachlor and Heptachlor epoxide (all
   isomers)  "
" Kepone  . .':•."   .. .   '.  ,     .   .
 Lindane as  ; -        '-."••
   gamma-Htixachlorooyclohexane      ..-. .
   Hexachloiocyclohexan and  -*     ;
   Hexachloipcyclohexane (all iso.raers)
   1,2,3,4,5,6-JBexachlorocyclohexane
 Methoxychlcir,
 Toxaphene  ;       '        •
 Chloroetheno   ..  '  .            -'  .
 Chloroform  '                        ,
 Chlorophenoxy Herbicides, including but not
    limited to;          -               •
   2,4-Dichloi;ophenpxyacetic acid (2,4-D)
   2-Methyl-4-chlorophenoxypropionic acid
   2,3,7,8-Tetrachlorodibenzo-p-dioxin   . '"
   2,4,5-TricMorophenoxyacetic acid
   2,4,5-Trichforophenoxypropionic acid (2.4,5-
    TP}     \  ;•:.:"-.•-:•  _•";-   .•  • '  -
 Chromium (hexavalent)
 3,3'-DichlorolDenzidine
 1,2-Dichlorbeniane                    ,  (  ,
 Dichloroethylenes, including but not limited..
    to;-  ' '- ,. T. .';   .    '•  ' •
   1,1-Dichlorbethylene           ' "''
   trans-l,2-pichloroethylene
 2,4-Dimethylphenol         •
Oinitrotoluenes,^including but not limited to; •
   2,4-Dinitrololuene  "
   2,6-Diriitrololuene     -  '.
1,2-Diphenolhydrazine     ,     -     :     ;«•"'
Haloethers and ChlorrJalkyl Ethers, including -
    but riot.limited tor           "':'..
   Bis(chloromethyl)ether        ,
   Bis(2Tchlor()theoxy) methane  '.'.'•
  Bis(2-chloroethyi)ether  ' f.

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11162
     Federal Register /  Vol. 46. No.  24 / Thursday,
  Bi»(2'Chloroisopropyl)elher
  4-BrwnopIienyI phenyl ether
  2>CMoroGlhyl vinyl ether
  Chloromethyi methyl ether
I lexfichlorobenzene
Hcxadilorobutiidierm
Ifcxaehloroethane
Hydrogen sulflde
Nlttmoamtnes, Including but not limited to;
  N-Nitrosodi-N-bulylamine
  N-nitrosodicthanolamine
  N-Nltro$od!ethylamine
  N-NHrosodlmethylamtae
  N-Nitrosadtphcnylamine -
  N-NiUwodl-N-propylamlnti
  N-NRrosotnGthylotnykmine
  N-Nilrostomelhylvlnylamine
Polychloriniled biphenyls
OiyttitOphMpfiata Insecticides, including but
    not limited to;
  Q.O.Diethyl-S-l2-(ethylthlo)ethyl] ester of
    phosphoro-thioic acid (Disulibton)
  Methyl parathion
  Parathtori
  Pliornte
Penlndiloronitrobenzene
Polyaackar Aromatic Hydrocarbons,
    Including but not limited to;
  BenzCcJneridinG
  Be0z{a)untlwacene
  Bcnzo(b)fluorfflnthcne
  Benxo(j)nuottinthone
   I)il)««t«,lilacrkUnc
   Dibenzta.hlanlhraceno
   ?l f.Dib«nzoIa,gjcarba2olo
   DitKjnzofa.elpyrenc
   Oibeirai
   Otbcnzu
«,h]pyreno
s.ljpyrcne
   Ftuorant iena
   Indono(l&3-cd|pyreoe
   N'ophthalcne
 1,1,2,2-Tebnchlwroe thane
 Tclrachloroethene
 Telrachloromethane
 1,1,2-TricMorocthane
 Trfchlorottlhene
   8. Section 264,21 is added to read as
 follows:
 1264.21 Performance standards and
 'associated demonstrations of
 performance.
   The dt>monstrations,of performance
 required in paragraphs (a), (b), [c), and
 (d) of this section shall be considered in
 preparing the draft permit required by
 1124.0 and in preparing the statement of
 basis required by § 124.7, and
 summarized in accordance with
 §| 124,8(b)(4) and (5) in the fact sheet
 required by § 124.8.
    (n) Tho owner or operator of a land
 disposal facility shall not initiate or
 continue;
    (I) Any discharge  that will result in
 the migration of contaminants into any
 aquifer not described in the permit
 application as receiving discharge,- or
    (2) Any discharge  that will enter any
 aquiferfs) described in the permit
 application as receiving discharge and
 result in migration of contaminants from
 the containment zone into surface
 waters; and
   (i) Result in a violation of applicable
 Water Quality Standards approved or
 established by the Administrator or
 interfere with the attainment or
 maintenance of water quality ,in any
 portion of the navigable waters for
 which the Administrator has established
 or caused to be established water
 quality related effluent limitations; or
 <  (ii) Be inconsistent with any Areawide
 or Statewide Waste Treatment'
 Management Plans prepared hi
 accordance with §§ 303e or 208 of the
 Clean Water Act and approved by the
 Administrator, or
   (in) Result in contaminants for which
 the Administrator has not developed
 and published criteria for water quality
 in accordance with section 304(a) of the
 Clean Water Act:   _ :
   (A) Reaching any present or potential
 source of water withdrawal from
 surface waters for domestic,
 agricultural, industrial, commercial or
 other uses; unless
   (B) A variance is authorized in
 accordance with the procedures of
 Subpart A of Part 124 based on a
 showing by the owner or operator  as
 required paragraphs {a3(2)(iv) and  (v) of
 this section and a finding by the
 Regional Administrator that any surface
 water which is being or may in the
 future be withdrawn for domestic,
' agricultural, industrial, commercial or  ,
 other uses, will not be adversely
 affected for such uses and  that public
 health and the environment will not be
 adversly affected.
 -   (iv) The.owner or operator of a land
 disposal facility requiring a variance in
 accordance with paragraph (a)(2)(iii)(B)
 of this section must demonstrate that
 there is a social and economic need for
 the facility, and that there  are no   -
 practical options for waste reduction
 including resource recovery, treatment
 prior to disposal, and waste segregation
 which could reduce or eliminate the
 need to dispose of the waste into or on
  the land.
    (v] The owner or operator of a land
  disposal facility requiring  a variance in
  accordance with paragraph (a)(2](iii)(B)
  of this section must further demonstrate
  that the effects to be caused by
  discharge^) will not adversely affect
  public health and the environment by
  detailed predictions of the generation,
  transport, and fate of individual
  contaminants in the leachate
  discharging to surface waters, and by
  detailed assessments of the risk of
  exposure to such individual
  contaminants' taking into account;
  (A) Transport, dispersion, and fate of
individual contaminants in ground water
with respect to; solubility in ground
water, exchange with the soil or rock,
attenuation by the soil or rock,
degradation of the contaminants,
dilution by ground water, persistance of
the coritaminaiits, accumulation of the
contaminants in soil or rock, miscibility
in ground water, volatility from ground
water, and the viscosity, specific
gravity, and surface tension of the
contaminants or contaminant solutions.
   (B) Transport, dispersion, and fate of
individual contaminants in surface
waters with respect to; solubility in
surface waters, degradation of the
contaminants, dilution by surface
waters, persistance of the contaminants,
accumulation of the contaminants in
detritus and benthic deposits, and
volatility from surface waters.
   (C) The exposure level to individual
contaminants with respecf to;
concentration, duration, and variability.
   (D) The effects of exposure to
individual contaminants on humans,
animals, and plants based on reputable
scientific studies which have been
 subject to challenging scientific review
with respect to; chronic or acute
 toxicity, bioaccumulation,
 carcinogenesis, mutagenesis,
 teratogenesis, and eutrophication.
   (3) To place in the. facility any volatile
 wastes that will migrate and be emitted
 into the air unless it can be
 demonstrated that volatile contaminants
 will not adversely affect public health or
 the environment:
   (i) Because the emissions will not
 cause substantial present or potential
 hazard to public health and the
 environment outside of the facility or
 migrate into structures occupied by
 persons;  and
   (ii) Because access to the land area
 where gases will escape will be
 controlled dining the active life of the
 facility, during the closure and the post-
 closure care periods, and following the
 post-closure care period if gaseous
 escape will continue to occur.
   (4) Any discharge to ground water
_• that will adversely affect any structures
 which exist or may be constructed in or
 above any aquifer described as
 receiving discharge.
   (b] Owners and operators of Class A
 and B land disposal facilities shall'not
 discharge to or otherwise affect ground
 water unless such ground water is not
 now and will not in the future be used
 as a source qf water supply. The owner
 or operator shall document:
    (1) That the authority to control
 ground water collection and withdrawal
 for use is vested with a duly authorized
 government entity which has exercised

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                                                                                 19k '/ Prtipbsecl Rules
  its authority to control ground water
  collection and withdrawal and use in
  favor of the :type of use the owner or
  operator carries pn or intends; or '
    (2) That privately held vested rights to
  control the collection and withdrawal
  and use of ground water from within the
  containment zone and any withdrawal
 : and use of ground water 'which would
  cause the zone to expand have been /
  exercised, or will be exercised prior to °'
  the initiation of discharge, to preclude
  continuing or future collection arid
  withdrawal and use of ground water
  affected or to be affected by the
 discharge; or              '        -\-
    (3) The owner or operator shall
 otherwise document that the ground
 water cannot now and will not in the
 future be used.
    (4) "Well injection" of hazardous,
 waste directly into ground water which
 meets the definition of an "underground
 source of drinking water" in § 146.03
 will not be authorized by permit unless
 the injection is into an "exempted
 aquifer". An aquifer or a portion thereof
 exempted solely due to the criteria of   .
 paragraphs (b)(l) or (b)(4) of § 146.03
 shall not be considered exempt for the
 purpose of hazardous waste injection,
   (c) Owners and operators of Class C,
 D, and E land disposal facilities (i.e.,
 those requiring a variance under § 146.2)
 must demonstrate that there is a social
 and economic need for the facility, and
 that there are no practical options for
 waste reduction including resource
 recovery, treatment prior to disposal,
 and waste segregation which could
 reduce or eliminate the need to dispose
 of the waste into or on the land.
   (d) Owners and operators of Class C,
 D, and E land disposal facilities must
 further demonstrate that the effects to
 be caused by disharge(s) will not  -      -
 adversely affect public health and the
 environment by detaHed predictions of
 the generation, transport, and fate of   •
 individual contaminants  in the leachate
 and by detailed assessments of the risk
 of exposure to such individual
 contaminants taking into account;
   (1) Transport, dispersion, and fate of
 individual contaminants in ground water
. with respect to; solubility in ground
 water, exchange with the soil or rock,
 attenuation by the soil or rock,
 degradation of the contaminants,
 dilution by ground water, persistence of
 the contaminants, accumulation of 'the
 contaminants in soil or rock, miscibility  '
 in ground water, violatility from ground  .
 water, and the viscosity, specific
 gravity, and surface tension of the.
 contaminants or contaminant solutions.
  (2) The  exposure level to individual  "
 contaminants with respect to;
 concentration, duration, and variability.
."•  (3) The effects of exposure to
  individual contaminants on humans,
  animals, and plants, based on reputable
  Scientific studies which have been
  subject to challenging scientific review
  with respect to; chronic or acute
  toxicity, bioaccumulation,
  carcinogenesis, mutagenesis, and
  teratogenesis.

  §§ 264.22-264.39  [Reserved]
    9. In 40 CFR Part 264, Subpart F is  .  ,
  added to read as follows:

  Siabpart F—Ground-water and Asr
  Emission Monitoring      '     ..-    :

  §264.90  Applicability.
    (a) Except as otherwise provided in
  this chapter, the owner or operator of a
  land disposal facility as defined in
  § 260.10 and listed in § 264.19, which is
  used to manage hazardous waste must
  implement a ground-water monitoring  -
  program, capable of determining
  compliance  with or violation of the
  ground-water quality provisions of the
  facility's permit, in accordance with the
  requirements of this Subpart. Ground-
  water monitoring is required during the
  active  life of the facility, and if
  hazardous wastes or decomposition
  byproducts remain after closure, during
  the post-closure period as well.
   (b) The owner or operator of a facility
 Irom which hazardous waste or
 decomposition byproducts have not
 entered the ground water must install,
 operate and maintain a ground-water
 monitoring system to detect any such
 entry which  may occur.
   (c) The owner or operator of a facility
 from which hazardous waste or
 decomposition byproducts have entered
 the ground water must install, operate
 and maintain a ground-water quality
 monitoring system to measure the effect
 of discharges from the facility on
Aground-water quality.
  •(d) The owner or operator of a facility"
 from which hazardous waste or
 decomposition_byproducts are emitted
 into the air must establish and operate
 an air monitoring program to measure'
 the effect of the facility on ambient air
 quality, and the locations of gaseous
 release from below the surface of the
 ground or the surface of wastes placed
 into or on the land.

 § 264.91  Groynd-water monitoring system.
  (a) A ground-water monitoring
 system, to detect the entry of hazardous
 waste or decomposition byproducts
 from the facility  into ground water, must
 be capable of yielding ground-water
 samples for analysis arid must consist
 of:
    (1) Monitoring wells [at least one)
  installed hydraulically upgradierit (i.e.,
  in the direction of increasing static
  head) for the limit bf the waste '''•-".''
  management area. Their number,
  locations, and depths must'be sufficient
  to yield ground-water samples that are:
    (i)' Representative of background
  ground-water quality in the surficial-
  aquifer underlying the facility; and   ''
    (ii) Not affected.by the facility; and
    (2) Monitoring wells (at least three)
  installed hydraulically downgradient
  (i.e., in the direction decreasing static
  head) at the limit of the waste
  management area. Their number,     ,
  locations, and depths must enable the
  iminediate! detection of any statistically
  significant;amounts of hazardous waste
  or decomposition byproducts that
  migrate frcim the waste management '"'
  area to the sur'ficial aquifer.
    (b) If the; monitoring system described
  in paragraph (a) of this section cannot
  be utilized because of an inability to
  satisfy well-locational requirements,
  then the owner or operator must install
  an alternate ground-water monitoring
  system capable to detecting the entry of
  any hazardous waste or decomposition
  byproducts; into the ground water.
   (c) A ground-water monitoring system
  to measure the effect of discharges from
  the facility on ground-water quality
 must be capable of yielding ground-
 water samples for analysis to provide
 sufficient ground-water quality data to
 perform the comparisons, and
 evaluation*! required in accordance with
 § § 264.93 (i), (g), and (h) and must
 consist ot:, (  • ,. .               •
   (1) Monitoring wells installed
 hydraulically downgradient (i.e., in the
 direction decreasing static head) at the
 limit of the waste management area.
 Their number, locations, and depths
 must enable 'the detection and
 quantification of any hazardous waste
 or decomposition byproducts from the
 facility which have  entered the ground
 water, and f                     .
 .  (2) Monitoring wells installed
 hydraulically downgradient from .the
 limit of the waste management area.'
 Their number, locations, and depths  ,
 must enable the detection  and
 quantification of any hazardous w.aste
 or decomposition byproducts  from the
 facility which have migrated via the
 ground water.
  (d) Separate monitoring  systems for
 each operational unit of a'facility are
 not required! provided that provisions for
 sampling upgradient and downgradient
 water qualify enable detection and .
measurement of any discharge from the
waste inanagemerit area1 (i.e., the limit
projected in1 the horizontal plane as it

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11164
Federal  Register / Vol. 48. No. 24  /  Thursday. February 5. 1981 / Proposed Rules
would exist at completion of the
hazardous wasle management activity).
  (1) In the case of a facility consisting
of only one land disposal operational
unit, tho waste management area is
described by the waste boundary
(perimeter).
  (2) In the case of a facility consisting
of more than one operational unit, the
waste management area is described by
an imaginary boundary line which
circumscribes the several waste
management operational units.
  (e) All monitoring wells must be cased
in a manner that maintains the integrity
of the monitoring well bore hold. This
casing must be screened or perforated,
and packed with gravel or sand where
necessary, to enable sample collection
at depths where appropriate aquifer
flow zones exist. The annular space (i.e.,
the space between the bore hole and
well casing) above the sampling depth
must be sealed with a suitable material
(e.g.,  cement grout or bentonite slurry) to
prevent contamination of samples and
the ground water.

1264.92  Sampling and analysis.
  (a) The owner or operator must obtain
and analyze samples from the installed
ground-water monitoring system. The
owner or operator must develop and
follow a ground-water sampling and
analysis plan. He must keep this plan at
 the facility. The plan must include
procedures and techniques for.
   (1) Sample collection;
   (2) Sample preservation and shipment;
   (3) Analytical procedures; and
   (4) Chain of custody control.
   (b) The owner or operator with a
 ground-water monitoring system
 installed to comply with the
 requirements of § 264.91(3) must:
   (1) determine the concentration or
 value of the following or other suitable
 parameters, used as indicators of
 ground-water contamination, in ground-
 water samples obtained from monitoring
 wells in accordance with paragraphs
 (b)(2). (b)(3), and (b)(4) of this section:
   (J) pH
   (if) Specific Conductance
   j Hi) Total Organic Carbon
   (iv) Total Organic Halogen
   (2) For each monitoring well, establish
 initial background concentrations or
 values of the indicator parameters
 specified in paragraph (b)(l) of this
 section, based on at least quarterly
 sampling for one year.
   (3) For each of the indicator
  parameters specified in paragraph (b)(l)
 of this section, obtain at least four
  replicate measurements for each sample
  and determine the initial background
  arithmetic mean and variance for each
  well by pooling the replicate
                         measurements for the respective
                         parameter concentrations or values in
                         samples obtained from each well during
                         the year.
                           (4) After the first year, all monitoring
                         wells must be sampled and the samples
                         analyzed at least semiannually.
                           (c) The owner or operator with a
                         ground-water monitoring system
                         installed to comply tvith the  •
                         requirements of § 264.91(c) must
                         determine the concentrations of
                         hazardous waste and decomposition
                         byproducts in ground-water samples
                         obtained with such frequency as
                         necessary to enable the evaluations
                         specified hi § § 264.93 (f), (g), and (h).
                           (d) Elevation of the ground-water
                         surface at each monitoring well must be
                         measured each time a sample is
                         obtained and, if such measurements
                         show a seasonal variation hi excess of
                         five feet or a variation in the relative
                         elevation of the ground-water between
                         any two wells in excess of two feet,
                         measured monthly. All ground-water
                         elevation measurements will be
                         recorded as  a distance measurement
                         from the reference elevation on the well
                         head, and with respect to mean sea level
                         based on USGS or USC&GS datum.

                         § 264.93  Preparation, evaluation, and
                         response.
                            (a) The owner or operator with a
                         ground-water monitoring system
                         installed to comply with the
                         requirements of § 264.91(a) must have an
                         approved plan for a ground-water  -
                         contamination assessment program. The,
                         plan must describe a ground-water
                        '• monitoring program capable of
                         determining whether hazardous waste
                         or decomposition byproducts from the
                         facility have entered the ground water.
                            (b) For each well sampled in
                         accordance with § 264.92(b)(4), the
                         owner or operator must calculate the
                         arithmetic mean and variance, based on
                         at least four replicate measurements on
                         each sample, for each indicator
                         parameter specified in § 264.92(b)(l),
                          and compare these results with the
                         respective initial background arithmetic
                         means established in accordance with
                          § 264.92(b)(3). These comparisons must'
                          consider individually each of the wells
                          in the monitoring system and must
                          include:
                            (1) The Student's t-test at the 0.01
                          level of significance to determine
                          statistically significant changes from
                          initial background concentrations or
                          values, or
                            (2) A suitable statistical comparison,
                          other than the Student's t-test, or
                          suitable quality control procedure (e.g.,
                          tolerance intervals) to determine
unanticipated changes from initial
background concentrations or values..
  (c) If the comparisons made under
paragraph (b) of this section for .the
upgradient wells show a significant
change the owner or operator must:
  (1) Determine whether the facility has
caused the significant change,
  (2) Determine whether the facility
ground-water monitoring program must
be modified to enable compliance with
the requirements of § 264.90 (a) and (b),
  (3) Notify hi writing the Regional
Administrator of his findings and of his
proposed modifications to the facility
ground-water monitoring program, and
  (4) Reinstate the original or an
approved ground-water monitoring
program for the facility.
  (d) If the comparisons made under
paragraph (b) of this section show a
significant increase (or pH decrease),
the owner or operator must:
  (1) Implement the plan for a ground-
water contamination assessment
program which meets the requirements
of paragraph (a) of this section, and   -\
  (2) Determine, as soon as technically
feasible, whether hazardous waste or
decomposition byproducts from the
facility have entered ground water..
   (e)[l) If the determinations performed
in accordance with paragraph (d)(2) of
 this section support a conclusion that no
hazardous waste or decomposition
 byproducts from the facility have
 entered the ground water, the owner or
 operator must:
   (i) Notify in writing the Regional
 Administrator of his findings and
 propose for approval any modifications
 to the facility ground-water monitoring
 program, and
   (ii) Reinstate the original or an
 approved modified ground-water
 monitoring program for the facility.
   (2) If the determinations performed in
, accordance with paragraph (d)(2) of this
 section support a conclusion that
 hazardous waste or decomposition
 byproducts from the facility have
 entered the ground water, the owner or
 operator must implement a ground-
 water monitoring program in accordance •
 with §§ 264.90 (a) and (c).
   (f) The owner or operator with a
 ground-water monitoring system
 installed to comply with the
 requirements of § 264;91(c) must predict
 the anticipated reduction in the
 concentration of hazardous waste and
 decomposition byproducts in the ground
 water between monitoring wells
 specified in § 264.92(c)(l) and those
 specified in § 264.92(c)(2), initially and
 annually thereafter.
    (g) At least annually the owner or
 operator must compare the quality of
 ground water samples obtained from the

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                                                  24 / Thursday, February 5, 1981  / Proposed Rules
  monitoring wells required in accordance
  with §,264.92(c)(2) with the predicted
  quality in accordance with paragraph (f)
  of this section and include an. analysis
  of this comparison with the annual
  report.                         •
    (h) The owner or operator must use
  the data generated by the ground-water
  quality monitoring program required in
  accordance with §§ 264.90 (a) and (c), in
  preparing the tri-annual reprediction
  required in accordance with § 122.28(f).

  §264.94  Recbrdkeeping and reporting.
    (a) The owner or operator must keep
  records of all analyses and evaluations
  of ground-water quality and surface
  elevations required in accordance With
 . this subpart.
' •"  (b) The owner or operator must report
  the following information to the
  Regional Administrator:     ,
    (1) The results of evaluations made in
  accordance with the requirements
  specified in §§ 264.93 (c), (e).
    (2) Annually: the concentrations or
  values "determined in accordance with
  §§264.92 (b), Cc), and (d) along with the
  evaluations required under §§ 264.93 (b)
  and (g). During the active life of the
  facility, this information must be
  submitted as part of the annual report
  required under § 264.75.

  § 264.95.' Air emission monitoring system. '
   (a) An air emission monitoring system
 to  measure the effect of the facility on
 ambient air quality must be capable' of
 yielding ambient air samples for -
 analysis to provide sufficient ambient
 air quality data to perform the
 comparisons and evaluations required in
 accordance with  § 264,97 (a), {b), and (c)
 and must consist of:
  (1) Monitoring air samplers installed
 upwind at or beyond the limit of the
 waste management area to yield air
 samples that are:,
  (i) Representative qf background
 ambient air quality in the atmosphere
 upwind of the facility, and
  (ii) Not affected by the facility; and
  (2) Monitoring air samplers installed
 downwind at or beyond the limit of the
 waste management area. Their number
 and locations must enable the detection
 and quantification of any hazardous
 constituents or decomposition
byproducts from the facility which have
been transported  via atmospheric
dispersion, and
  (3) Wind direction and speed
indicators to determine wind direction
and speed. Their number and locations,
must enable the upwind and downwincf
use of monitoring  air samplers installed
in accordance with (a)(l) and"(aj(2) of
this section, and the evaluations
   required in accordance with § 26497 fa],
   (b), (c), and (f).                   '
     fb) If the air monitoring system
  , described in paragraph (a) of this
   section cannot,be utilized because of an
   inability to satisfy locational
   requirements, then the owner or
   operator must install an alternate air
   emission monitoring system 'capable of
   providing sufficient quantity of ambient
   quality data equivalent to the
   requirements of paragraph (a) of this
   section.           -         .
 ;  (c) An air emission monitoring system,
   to detect the locations of a gaseous
   release must enable the immediate
   detection of .the emissions of any
  hazardous constituents or
  decomposition byproducts which have
  migrated from the limit of the waste  -
  management area defined in
  .§ 122.25{d)(3).

  §264.96 Air emission sampling and
  analysis.
    (a) The owner or operator must obtain
  and analyze samples from the installed
  air emission monitoring system. The
  owner or operator must develop and '
  follow an ambient air sampling and
  analysis plan. He must keep this plan at
 "the facility. The plan must include
  procedures and techniques for:
    (1) Sample collection;
•!-   (2) Sample preservation and shipment;
   _.{3) Analytical procedures, including
  types of contaminant to be analyzed;
    (4) Collection of wind direction,
  speed, and stability data; and
    (5) Chain of custody control.
    (b) The owner or operator with an air
  emission monitoring system installed to
  comply with requirements of § 264.95(a)
  must:                                :
    (1) Determine the concentrations of
^hazardous constituents and
 decomposition byproducts in ambient
 air samples in accordance with (b)(2) of
 this section.
   (2) For each air upwind and
 downwind sampler site, obtain at least
 four upwind or downwind
 concentrations taken preferably on an
 equal Interval over a three month period
 and determine the arithmetic mean and
 variance.' -.-           v           .  .".
   (c) The owner or operator with an air
 emission monitoring system.to comply
 with the requirements of § 264.95(c)
 must monitor two times .per year with a
 portable or other equivalent detection
 device the concentration of the
 following or other suitable parameters,
 used as indicators to detect the location
 of migrated gaseous  emissions:
   (1) Total hydrocarbons;  and
   (2) Total halogenated compounds.
   (d) The owner or operator with an air
emission monitoring system
  implementing the requirements of
  § 264.95 (a) and (c) must determine thea
  wind direction and speed, and other
  meterological conditions any time air to
  air emissions are Sampled, as necessary
  for the evaluations required in
  accordance with .§'264.97 (a), (b), (c),
  and(f).   ;      ..:     .

  §264.97 Air.emission evaluation and
  response.
    (a) The owner  or operator with an•''.'
  ambient air monitoring system installed
  to comply with the requirements of
  1264.95(a) tnustr predict the anticipated
  concentration of hazardous constituents
  and decomposition byproducts in the
  ambient ait at the downwind monitoring
  sampler sites taking into account the
  upwind concentration, initially and
  quarterly thereafter,
   (b) Quarterly the owner or operator
  must compare the quality of ambient air
  samples obtained from the downwind
  air monitoring sites required in
  accordance: with  § 264,95[aj(2) .with .the
  predicted quality in accordance with
  paragraph (a) of this section and  include
  an analysis of the quarterly comparison
  with the annual report.
   (c) Annually the owner or operator
  must repredict, based on data generated ,'
  by the air monitoring program required
  in accordance with § 264.90(d), the
  anticipated effect of the facility on
  ambient air ;quality.The anticipated
  effect must include at a minimum the
 worst condition; quarterly, and annual:
 effects.     r -'•.  '••'••  :•• ;..'••   -:.  '-"  .    '• '  -
   (d) As pait of the annuarreport'
 required under § 264.75, the owner or
 operator must compare the anticipated
 effect of the facility on ambient air
 quality as repredicted in accordance
 with paragraph (c) of this section with
 the provision of the facility permit.   .
   (e) If the comparisons made under
 paragraph (d) of this section show non-
 compliance with permit provisions on
 ambient air quality, the owner or
 operator must:
   (1) Determine whether the facility
 disposal practice must be modified to .
 enable compliance with the
 requirements! of the permit, and
  (2) Include his findings and his -
 proposed modifications to the facility
 disposal practice in the annual report
 required under § 264.75.
  (f) The owner or operator with an air
 emission monitoring system to comply
 with the  requirements of § 264.95(c)
 must have aim approved plan for an air
 and area contamination assessment
program. The plan  must describe an air
emission monitoring program capable of
identifying the location of gaseous
release migra tedjrom the limit of the
waste management area, and capable of .

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              Federal Register / Vol. 46. No.  24 /
assessing the effect on ambient air
qpllty in the affected area.
  (g} If monitoring performed to comply
with the requirements of § 264,96(cj
shows a detection of gaseous release,
the owner or operator must implement
the plan for an air and area
contamination assessment program
which meets the requirements of
paragraph If) of this section,
  (h) After Implementation of the plan in
accordance with paragraph (g] of this
section, the owner or operator must
compare the extent of migration and the
assessment with the provisions of the
facility permit and in accordance with
the provisions of the plan, provide  an
analysis of this comparison in writing to
the Regional Administrator.
1264,98 Air omission recordkeeplng and
reporting.
  (a) The owner or operator must keep
records of all analyses and evaluations
of ambient air quality, wind direction
and speed, and air emissions required in,
accordance  with this subparL
  (b) Thu owner or operator must report
the following information to the
Regional Administrator:
  (1) The results of evaluations made in
accordance  with the requirements
specified in  § 204.97 (d), (e), and (h).
  (2) Annually: the concentrations or
values determined in accordance with
§ 204.90 (b), (c), and (d) along with the
evaluations required under § 264.97(b).
During the active  life of the facility, this
information must be submitted as  part of
the annual report required under
| 204.75.
§264.220  [Amended]
   10. Section 204.220 is amended by
removing the Comment,
   11. In § 264.221, paragraph (c) is
revised, paragraph (d) Is redesignated as
paragraph (e)» paragraph (e) is
redesignaled as paragraph (f), and a
 new paragraph (d) is added to read as
 follows:
 § 264.221  General design requirements.
 «     «    *   *    *
   (c) A surface impoundment must be
 designed to prevent direct discharge to
 surface water (except discharges
 authorized  by an NPDES permit) during
 the life of the impoundment.
   (d) A surface impoundment which is
 designed to be used solely for storage or
 storage and treatment and to prevent
 discharge Into the land and ground
 water, and to surface water (except ,
 discharges  authorized by an NPDES
 permit) during the life of the
 impoundment;
   (1) Must  have a containment system
 which complies with § 284.223{b); and
                                         (2) Is exempt from the requirements of
                                       Subpart F.
                                         (e) Dikes must be designed with
                                       sufficient structural integrity to prevent
                                       massive failure without dependence on
                                       any-liner system included in the surface
                                       impoundment design.
                                         (f) A leachate detection, collection,
                                       and removal system must be designed
                                       so that liquid will flow freely from the
                                       collection system to prevent the creation
                                       of pressure head within the collection
                                       system in excess of that necessary to
                                       cause the liquid to flow freely.
                                         12. Section 264.228 is revised to read
                                       as follows:

                                       § 264.228  Closure and post-closure.
                                         Unless otherwise authorized in the
                                       permit for the facility, at closure, all
                                       hazardous waste and hazardous waste
                                       residues must be removed from the
                                       impoundment and managed as a
                                       hazardous waste in accordance with all
                                       applicable requirements of Parts 262-266
                                       of this chapter. Any component of the
                                       containment system or any apurtenant
                                       structures or equipment (e.g., discharge
                                       platforms and pipes, and baffles,
                                       skimmers, aerators, or other equipment)
                                       containing or contaminated with
                                       hazardous waste or hazardous waste
                                       residues must be decontaminated; or
                                       removed and also managed as a
                                       hazardous waste.

                                       § 264.250 [Amended]
                                          12. Sectipn 264.250 is amended by
                                       removing the Comment.
                                          13. In § 264.251, paragraph (b) is
                                        revised, and a new paragraph (c) is
                                        added to read as follows:

                                        § 264.251  General design requirements.
                                        *    *    *     *   *
                                          (b) A waste pile must be designed to
                                        prevent direct discharge to surface
                                        water during the life of the pile.
                                          (c) A waste pile that is designed to be
                                        used solely for storage or storage and
                                        treatment and to prevent discharge into .
                                        the land and ground water, and to
                                        surface water during the life of the pile;
                                          (1) Must have a containment system
                                        which complies with i 264.253; and
                                          (2) Is exempt from the requirements of
                                        Subpart F.
                                          14. In § 264:252, paragraph [c) is      '
                                        revised to read as follows:

                                        § 264.252  General operating requirements.
                                         *****
                                           (c) Unless otherwise authorized by the
                                         permit for the facility, leachate and run-
                                         off from the pile must be collected and
                                         controlled.
                                           15. In § 264.254, new paragraphs (b)
                                         and (c) are added to read as follows:
§ 264.254 Inspection and testing.
******
  (b) The owner or operator of a waste
pile must include in the inspection plan
required under § 254.15 a schedule of
inspection of the devices for controlling.
wind dispersal (where required)  and
run-on, and any waste pile containment
system under § 264.253. Except as
otherwise provided in paragraph (c) of
this section, the inspection schedule for
a waste pile containment system must
include periodic removal of the waste
pile and testing of the underlying base to
.ensure that it has not deteriorated to the
point where it is no longer capable of
containment, is already leaking,  or is
otherwise in disrepair.
  (c) If it is impractical to remove the
waste pile and test the underlying base
periodically because of the size of the
pile or the type of base used, (e.g.,
synthetic membrane which could be
damaged during waste removal), the
owner or operator may omit the pile
base inspection from his inspection
plan: Provided, That the waste pile has
a leachate detection, collection, and
removal system as specified in
 § 264.253(aH3).
  16. Section 264.258 is revised to read
 as follows:

 §264.258  Closure and post:closure.
  Unless otherwise authorized by the
 permit for the facility, at closure, all
 hazardous waste and hazardous waste
 residues must be removed from the pile
 and managed as a hazardous waste in
 accordance with all applicable
 requirements of Parts 262-266 of this
 chapter. Any component of the.
 containment system containing or
 contaminated with hazardous wastes or
 hazardous waste residues must be
 decontaminated; or removed and also
 managed as a hazardous waste.
   17. In 40 CFR Part 264, Subparts M, N,
 R, S, and T are added to read as follows:

 Subpart M-~Land Treatment

 §264.270  Applicability.
   The regulations in this Subpart apply
 to owners and operators of hazardous
 waste land treatment facilities, except
 as § 264.1 provides otherwise.

 §264.271  [Reserved]

 § 264.272  General operating requirements.
   (a) Run-on must be diverted away
 from the active portions of a land
  treatment facility.
   (b) Run-off from active portions of a
  land treatment facility must be
  collected.                   .

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Federal Register /
       o- •24^/jrhursday: .February 5, 1981 / Propibsed Rules
                                                                                                                11167
  §264.273-264.275  [Reserved]

  § 264.276 'Food chain crojJs.
    (a) Owners or operators of land
  treatment facilities who propose to grow
  food chain crops after the effective date
  of this Part must comply with
 .paragraphs (b) and (c) of this section.
    (b)(l) Food chain crops must not be
  grown on the treated area of a
 'hazardous waste land treatment facility
  unless the owner .or operator can
  demonstrate, based on field testing, that
 : arsenic, lead, mercury, or other
  constituents: .
    (i) Will not be transferred to the food
  portion of the crop by plant uptake or
  direct contact, and will not otherwise be
  ingested by food chain animals (e.g., by
  grazing); or                ,
    (ii) Will not occur in-greater
  concentrations in the crops grown on the
  land treatment facility than in the same
  crops grown on untreated soils under
  similar conditions in the same region.
    (2) The information necessary to make
  the demonstration required by
  paragraph (a)(l) of this section must be
  kept at the facility and must, at a
  minimum:
    (i) Be based on tests for the specific
  waste and application rates being used
  at the facility; and                   '
    (i!) Include descriptions of crop and
'  soil characteristics, sample selection
  criteria, sample size determination,
 analytical methods, and statistical
 procedures.
    (c) Food chain crops must not be
 grown on a land treatment facility
 receiving waste that contains cadmium
 unless all requirements of paragraph
 (c)(l) W through (iv) of this section or all
 requirements of paragraph (c)(2) (i)
 through (iv) of this section are met.
   (l)(i) The pH of the waste and soil
 mixture is 6.5 or greater at the time of
 each waste application, except for
 ;waste containing cadmium at   -
 concentrations of 2mg/kg (dry weight)
 or less;'
   (ii) The annual application of
 cadmium from waste and soil cadmium
 does not exceed 0.5 kilograms per
 hectare (kg/ha).
   (iii) The cumulative application of
 cadmium from waste and soil cadmium
 does not exceed 5 kg/ha if the waste
 and soil mixture has a pH of 6.5.
   (iv) If the waste and soil .mixture has a
 pH of 6.5 or greater, or is,maintained at
 a pH of 6.5 or greater during crop
 growth, the cumulative application of
 cadmium from waste and soil cadmium
 does not exceed: 5 kg/ha if soil cation
 exchange capacity (CEC) is less than 5;
 10 kg/ha if CEC ,is 5-15; and 20 kg/ha if
 soil CED is greater than 15.
   (2) (i) The only food chain crop
 produced is animal feed.
   (ii) The pH of the waste and soil
 mixture is 6.5 of greater at the time of
 waste application or at the time the crop
 is planted, whichever occurs later, and
 this pH level is maintained whenever''
 food chain crops are grown.
   (iii) There is a facility operating plan
 which demonstrates how the animal
 feed will be distributed to preclude   •
 ingestion  by humans. The facility
 operating plan describes, the measures
 to be taken to safeguard against
 possible health hazards from cadmium
 entering the food chain, which may
 result from alternative land uses.
   (iv) Future property owners are
 notified by a stipulation in the land
 record or  property deed which states
 that the property has received waste at
 high cadmium application rates and that
 food chain crops should not be grown,
 due to a possible health hazard.

 §264.277  [Reserved]

 § 264.278  Unsaturated zone (zone of
 aeration) monitoring..
  (a) The  owner or operator must Eave
 in-writing, and must implement, an
 unsaturated zone monitoring plan which
 is designed to characterize the leachate  ;
 that is expected to leave the zone of
 incorporation and substantiate the
 predictions made under §§ 122.25(d) (2)
 and(3).andl22.28(f). ,            -
  (b) The  unsaturated zone monitoring
 plan must include, at a minimum:
  (1) So,M monitoring using soil cores,
 and                  • .
  (2) Soil-pore water monitoring using
 devices such as lysimeters.
  (c) To comply with paragraph (a)(l) of
 this section, the owner or operator must
 demonstrate in his unsaturated zone
 monitoring plan that:
 . (1) The depth at which soil and soil-
 pore water samples  are to be taken is
 below the zone  of incorporation.
  (2) The number of soil and soil-pore  •
 water samples.to be taken is based on
 the variability of:
  (i) The leachate expected to leave the
 zone of incorporation; and
 , (ii) The  earth  materials above the
zone of saturation; and
  (3) The frequency and timing of soil   ~
 and soil-pore water.sampling is based
on the frequency, time, and rate of
waste application, proximity to ground
water, and soil permeability. •    :
  (d) The owner of operator mus't keep
at the facility his unsaturated zone
monitoring plan,'and the rationale used
in developing this plan.
  (e) The "owner or operator must
analyze the soil and soil-pore water
samples and qompare the results to the
                                                                 predictions required under § § 122.25(d)
                                                                 (2) and (3) and 122.28(f).
                                                                 §264.279  Recordkeeping.     •
                                                                   The owner or operator of a land
                                                                 treatment facility must keep records of
                                                                 the-application dates, application rates,
                                                                "quantities, and location of each   •  '
                                                                 hazardous vraste placed in the facility,
                                                                 in the operating record required in
                                                                 §264.73.     "

                                                                 §264.280 Closure and post-closure.
                                                                   (a) In  the closure plan Under § 264.112
                                                                 and the post-closure plan under
                                                                 § 264.118, the owner or operator must
                                                                 address the following objectives and
                                                                 indicate how they will be achieved:
                                                                   (1) Control of the migration of
                                                                 leachate from the zone of incorporation
                                                                 into the ground water;
                                                                   (2) Control of the release of
                                                                 contaminate d run-off from the facility
                                                                 into surface water;
                                                                   (3) Control of the release of airborne
                                                                 participate contaminants caused by
                                                                 wind erosion; andl                 "
                                                                   (4) Compliance with § 264.276
                                                                 concerning the growth of food-chain
                                                                 crops.      ;
                                                                   (b) The owner or operator must
                                                                 consider at least the following factors in
                                                                 addressing the closure and post-closure
                                                                 care objectives of paragraph (a) of this
                                                                 section:
                                                                   (1) Type and amount of hazardous
                                                                 waste applieis to the land treatment
                                                                 facility;
                                                                   (2) The mobility and the expected rate
                                                                 and amount pf migration of the leachate
                                                                 zone  of incoirporation;
                                                                   (3)  Site location, topography, and
                                                                 surrounding land use, with respect to the
                                                                 potential effects of pollutant migration
                                                                 (e.g., proximity to ground water, surface
                                                                 water and drinking water sources);
                                                                   (4)  Climate, including amount,
                                                                 frequency, and pH of precipitation;  .
                                                                   (5) Geological and soil profiles and
                                                                 surface and subsurface hydrology of the
                                                                 site, and soil characteristics, including  '
                                                                 cation exchange capacity, total organic
                                                                 carbon, and pH;              :
                                                                   (6) Unsaturated zone monitoring
                                                                information obtained under § 264.278;
                                                                and        j..-,-.             ,
                                                                 .  (7) Character of the leachate and its
                                                                extent of migration in the earch
                                                                materials above the zone of saturation.
                                                                   (c)The owner or "operator must
                                                                consider at least the following methods
                                                                in addressing the closure and post-
                                                                closure care objectives of paragraph'(a)
                                                                of this section:
                                                                   (1) Removal of contaminated soils;
                                                                   (2) Placement of a final cover,
                                                                considering: |              -•-    .     ":

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              Federal Register / Vol. 46, No.  24 / Thursday. February 5. 1981 / Proposed fiules
11168
  (.1) Functions of the cover (e.g.,
infiltration control, erosion and run-off
contra], and wind erosion control), and
  (II) Characteristics of the cover,'
including material, final surface
contours, thickness, porosity and
permeability, slope, length of run of
slope, and type of vegetation on the
coven
  (3) Collection and treatment of run-off;
  (4) Diversion structure to prevent
surface water run-on from entering the
treated area;  and
  (5) Monitoring of soil, soil-pore water,
and ground water.
  (d) In addition to the requirements of
§ 284.117, during the post-closure care
period, the owner or operator of a land
treatment facility must;
  (1) Maintain any unsaturated zone
monitoring system, and collect and
analyze samples from this system in a
manner and frequency specified in the
post-closure plan;
  (2) Restrict access to the facility as
appropriate for its post-closure use; and
  (3) Assure that growth of food chain
crops complies with § 264.276.
  (e) For the purpose of complying with
i 204.115, when closure is completed,
the owner or operator of a land
treatment facility must submit to the
Regional Administrator certification
both by the owner or operator and by a
 qualified engineer or by a qualified soil
scientist that the facility has been closed
 in  accordance with the specifications in
 the approved closure plan.
 § 284.281  Special requirements for
 Ignltabte or reactive waste.
    Ignitable or reactive wastes must not
 be land treated, unless:
    (a) The waste is immediately
 incorporated into the soil so that (1) the
 resulting waste, mixture, or dissolution.
 of material no longer meets the
 definition of ignitable or reactive waste
 under §§ 261.21 or 261.23 of this chapter,
 and (2) § 264.17(b) is complied with; or
    (b) The waste is managed in such a
 way that it is protected from any
 material or conditions which may cause
 it to ignite or react.
 §264,282 Special requirements for
 Incompatible wastes.
    Incompatible wastes, or incompatible
 wastes and materials, (see Appendix V
  for examples) must not be placed in the
  same land treatment area, unless
  § 264.17(b) is complied with.
  §  264.283 Special requirements for
  classes of facilities.
    A Class C, D, or E land treatment
  facility must have a minimum of two
  meters between the incorporated waste
  and the aquifer being or to be used, (i.e.,
  the historical high water table for water
                                        table aquifers, or the bottom of the
                                        confining soils for artesian aquifer).
                                        § 264.284-§ 264.299  [Reserved]

                                        Subpart N—Landfills

                                        § 264.300  Applicability.
                                        "   The regulations in this Subpart apply
                                        to owners and operators of facilities that
                                        dispose of hazardous waste in landfills,
                                        except as § 264.1 provides otherwise.

                                        § 264.301  General design requirements.
                                           (a) All new landfills and new landfill
                                        cells must have a leachate monitoring
                                        system capable of producing
                                        representative samples of leachate.
                                           (b) Any liner systems present at the
                                        facility must be constructed:
                                           (1) Of materials which have
                                        appropriate chemical properties and
                                         strength and of sufficient thickness to
                                         prevent failure due to pressure head,
                                         physical contact with the waste to
                                         which they are exposed, climatic
                                         conditions, the stress of installation, and
                                         the stress of daily operation; and
                                           (2) On a foundation or base capable of
                                         providing support to the liner(s) and
                                         resistance to statip head above the
                                         liner(s) to prevent failure of the liner(s)  «
                                         due to settlement or compression.
                                           (c) Any leachate collection and
                                         removal system  present at the facility
                                         must be constructed:
                                           (1) Of materials which have
                                         appropriate chemical properties) and are
                                         of sufficient strength and thickness to
                                         resist collapse or clogging under the
                                         pressures exerted by the overlying
                                         wastes, waste cover materials and by
                                         any equipment used at the facility.
                                            (2) With sufficient capacity to" achieve
                                          and maintain a leachate depth of one
                                          foot or less at any point on the base of
                                          the landfill.
                                          § 264.302  General operating requirements.
                                            (a) Run-on must be diverted away
                                          from the active  portions of a landfill.
                                           . (b) Run-off from active portions of a
                                          landfill must be collected.     .         _
                                            (c) The owner or operator of a landfill
                                          containing hazardous waste which is
                                          subject to dispersal by wind must cover
                                          or otherwise manage the landfill so that
                                          wind dispersal  of the hazardous waste
                                          is- controlled.

                                          §§ 264.303-264.305  [Reserved]

                                          § 264.306  Inspections and testing.
                                             (a) Each landfill, including
                                          appurtenances  to control run-on and
                                          run-off, must be inspected once each
                                          week and after storms to detect
                                           evidence  of deterioration.
                                             (b)(l) During construction or
                                           installation, liner and cover systems
must be inspected for uniformity,
damage, and imperfections (e.g. holes,
cracks, thin spots, and foreign
materials).
  (2) Earth material liner and cover
systems must be tested for compaction
density, moisture content, and
permeability after placement.
  (3) Manufactured liner and cover
materials (e.g. membranes sheets, and
coatings)  must be inspected to ensure
tight seams and joints and the  absence
of tears and blisters.
  (c) Leachate samples must be
collected and analyzed once each year
and the results compared to the
predictions required under
 § 122.25(d)(2). These comparisons must
be reported on an annual basis along
with the monitoring results required
under § 264.94(b)(2)/

 §§264.307-264.308  [Reserved]

 § 264.309   Surveying and recordkeeping.
   The owner or operator of a landfill
. must maintain the following items in the
 operating record required in § 265.73:
   (a) On a map, the exact location,and
 dimensions, including depth, of each cell
 with respect to permanently surveyed
 benchmarks;  and
   (b) The contents of each cell and the
 approximate  location of each Hazardous
 waste type within each cell.

 § 264.310  Closure and .post-closure.
    (a) As part of the closure and post-
 closure requirements of Subpart G of
 this part, the owner or operator must
 place a final cover over the landfill. The
 final cover must:        '    -
    (1) Be  designed, constructed and
 maintained in a manner which is '
  consistent with the permit issued for the
  facility.
    (2) Be tested an inspected during
 .closure and'post-closure according to
  the requirements of § 264.306.
    (b) During the post-closure care
  period, the owner or operator must:
    (1) Maintain all containment
  structures and equipment at the facility
  in a manner which is consistent with the
  permit issued for the facility.
    (2) Continue to operate the leachate
  monitoring system required by
  § 264.301(a)  and § 264.306(c).

  §264.311  [Reserved]

  §264.312  Special requirements for
  Ignitable or reactive waste.
     Ignitable or reactive waste must not
  be placed in a landfill, unless the waste
  is treated, .rendered, or mixed before or
  immediately after placement in the
  landfill so that:
/    (a) The resulting waste, mixture, or
  dissolution of material no longer meets

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                 Federal Register / Vol. 46, No. 24 / Thursday, February 5, 1981  /Proposed Rules
                                                                         11169
  the definition of ignitable or reactive
  waste under § § 261.21 or 261.23 of this  .
  chapter, and,                    ..,.."
    (b) Section 264.17(b) is compiled with.

  §264.313 Special requirements for
  incompatible wastes.
    Incompatible wastes, or incompatible
  wastes and materials, [see Appendix  V
  for examples) must not be placed in the
  same landfill cell, unless § 264.17(b) is
  complied with.

  § 264.314  Special requirements for liquid
  waste.
    (a) Bulk or non-containerized liquid
  waste or waste containing free liquids
  must not be placed in a landfill, unless:
    (1) The added liquid is shown to
  enhance stabilization of the landfill, and
    (2) The; landfill has a liner which is
  chemically and physically resistant to
  the added liquid, and a functioning
  leachate collection and removal system
  with a capacity sufficient to remove all
  leachate produced.
    (b) A container holding liquid waste
  or waste containing free liquids must
  not be placed in a landfill, unless:
    (1) The container is designed to hold
  liquids or free liquids for a use other
  than storage, such as a battery or
  capacitor; or
    (2) The container is very small, such
  as an ampule.

  §1264.315  Special requirements for
~ containers.
  » (a) An empty container must be
  crushed flat, shreddedt or similarly
 reduced in volume or filled with solids
 before it is buried beneath the surface  of
 a landfill. A partially empty container
 must be:     :             -    -
   (1) Filled with solids compatible with
 the wastes already in the container; or,
  ,(Z) Crushed to eliminate void spaces;
 or                         •
   (3) Emptied and the empty container
 crushed flat, shredded, or similarly
 reduced in volume before it is buried
 beneath the surface of the landfill.
  (b) "Full or filled container" means
 the materials in the container:
  (1) Are within 7.6 centimeters  (3
 inches) of the top of the' container, or.   :
  (2) Occupy 90 percent or more of the. >
 volume of the container, whichever
 results in the lesser void space,,
  (c) "Partially empty container" means
 a container that is neither empty nor
 full;             ••'.-".          • ,

 §264.316  Special requirements for
 classes of facilities.
  New landfills, regardless of class (see
 § 264.19), must have a minimum of two
 meters between the leachate detection,
 collection, and removal system liner,
 other liner, or waste, whichever is
  lower, and the historical high water
  table for a water table aquifer, or the
  bottom of the confining soils for an
  artesian aquifer.

  §§ 264.317-264.339 [Reserved]

  Subpart R—Underground Injection

  §264.430  Applicability.
   The regulations of this Subpart apply
  to owners and operators of facilities
  which dispose of hazardous  waste by
  means of  an injection well which
  discharges below the surficial aquifer,
  except as § 264.1 provides otherwise.

  § 264.431  General design and installation
  requirements..
  / An underground injection  well which
  discharges hazardous waste below the
  surficial aquifer must be designed and
  installed to prevent the migration of,
 hazardous waste and decomposition  or
 reaction byproducts from the well
 casing and from the zone of
 containment. An injection well designed
 and installed in accordance with the
 technical requirements and
 specifications included in § 146.12(b),
 (c), (d) and (e) of this chapter will be
 considered as satisfying the
, requirements of § 264.431. _        ,  :

 § 264.432  General operating requirements.
   The owner or operator of an'
 underground injection well which
 discharges hazardous waste  below'the
 surficial aquifer must prevent the'
 migration of hazardous waste and
 decomposition or reaction byproducts
 from the well casing and from the zone
 of containment. An injection  well
 operated in accordance with  the  ,
 technical requirements and
 specifications included in § 146.13{a) of
 this chapter will be considered as
 satisfying the requirements of § 264.432.

§264.433  Monitoring and response.
   The owner of operator of an
underground injection well which
discharges hazardous waste below the
surficial  aquifer must:
   (a)  Develop a plan for a monitoring
program  capable of determining
compliance with § 264.432 and the
facility permit by:
  (1) Demonstrating the mechanical
integrity  of the infection well; and"     .
  (2) Demonstrating that  the pressure of
the injected fluids remains within
allowble limits.
  (b) Specify in the plan required under
paragraph (a) of this section:
  (1) For demonstrating mechanical
integrity:           :       -
  (i) The  annular pressure range to be
maintained and basis for^determining it
for the specific well tubing, packer and
   casing characteristics and for the
   anticipated injection fluid temperature;
     (ii) The devices and procedures for
   continuous monitoring and recording of
   the annular pressure, and evaluation of
   that information'; and
    . (iii) Procedures for immediate
   response to changes in the annular
   pressure outside the allowable range,
   and for restoration of mechanical
  ^integrity;   i,    '   .   .
     (2) For demonstrating that injection
   fluid pressure remains within allowable
   limits:     v
     (i) The calculated.fracture pressure
   and the basis for determining it for the
   specific formation and zone of
   containment.             ,
     (ii) The calculated allowable injection
   pressure to be measured at the well
 ,  head and the basis for determining it for
   specific injection fluid characteristics
   (i.e., specific gravity, viscosity and    .
   temperature};
    (iii) The techniques and procedures
   for continuoms monitoring and recording
   of the injection pressure at the well
  head, and for evaluation of that
  information; and
    (iv) Procedures for immediate
  response to an increase in the well head
  pressure above the allowable limit, to
  restore pressure to within allowable
  limits.    ••-.:.-
    (c) Implement the monitoring plan
  which satisfies paragraph (b) of this
  section arid determine the mechanical
  integrity of tile well and the injection,
  zone pressure. •      ,
    (d) Keep records-of the monitoring
  data and evaluations specified in*
  paragraph (b)(l) and (2) of this section
  throughout the active life of the facility,
    (e) Submit an annual report to the
  Regional Administrator'in which
  compliance with § 264.432 is assured;
  and separately identify in the annual
  report those corrective actions, specified
  in paragraphs (b)(l)(iii) and (b)(2)(iv) of
  this section which were implemented
  during the reporting period; and provide
  an explanation of circumstances which
  required corrective action.

  § 264.434  Closure and post-ciosure.
   (a) The .owner or operator of an
•  underground injection-well which '
  discharges hazardous waste below the
  surficial aquifers must close his facility
, in a manner that prevents future  use of
 the well and muiimizes threats to public
 safety.       :•'-•".•'•'•
   (b) The owner or operator of an
 underground injection well which
 discharges hazardous waste below the
 surficial aquifer must close by plugging
 the well wjth cement. Plugging in
 accordance with the technical       *
 requirements included in § 146.10(b) of

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1U70        Federal Register-/ Vol. 46. No. 24 / Thursday." February 5. 1981  / Proposedjglg^
this chapter will be considered as
satisfying this requirement.
  (c) The owner or operator of an
uderground injection well which  "
discharges hazardous wat.te below the
surffcial aquifer is excluded from the
requirements of §§ 284.117-264.118 and
I § 264,144-284.145 of this Part.

ff 264.435-264.459 [Reserved]

Subpart S—Seepage Facilities

§264.460  Applicability.
  The regulations in this Subpart apply
to owners and operators of seepage
facilities used to treat, store, or dispose
of hazardous waste, except as § 264.1
provides otherwise.
1264.461  General design requirements.
  (a) Seepage lagoons and drying beds
must bo designed to comply with the
requirements of § 264.221, Subpart K.

1264.462  General operating requirements.
  Seepage lagoons and drying beds
must be operated and maintained to
comply with the requirements of
 § 284.222, Subparl K.

S 264.463   Containment system.
   (a) All earthen dikes must have a
protective cover, such as grass, shale, or
 rock, or be constructed of materials
 which are sufficiently resistant to wind
 and water erosion to preserve the
 structural integrity of the dike.

 § 264.464  Diversion structures.
   (a) Run-on must be diverted away
 from a seepage lagoon or a drying bed.  ,

 §264.465  [Reserved]

 § 264.468  Inspections and testing.
   (a) The owner or operator of a
 seepage lagoon or a drying bed must
 comply with the inspection requirements
 of 1264.228, Subpart K.

 §264.467  Contingency plans.
   Seepage facilities with dikes must
 comply with the requirements of
 1264.227, Subpart K, applicable to dikes.

 1264.468  Closure and post closure.
   Unless otherwise authorized in the
 permit for the facility, at closure, all
 hazardous waste and hazardous waste
 residues must be removed from a
 seepage facility and managed as a
 hazardous waste in accordance with all
  applicable requirements of Parts 262-286
  of this chapter. Any component*of the
  containment system or any appurtenant
  structures or equipment (e.g., discharge
  platforms and pipes, and baffles,
  skimmers, aerators, or other equipment)
  containing or contaminated with
  hazardous waste or hazardous waste
residues must be decontaminated; qr
removed and also managed as a
hazardous waste.

§ 264.469 Special requirements for
ianitable or reactive waste.
  Ignitable or reactive hazardous Waste
must not be placed in a seepage facility,
unless:
  (a) The waste is treated, rendered, or
mixed before or immediately after
placement in the facility so that:
  (1) The resulting waste, mixture, or
dissolution of material no longer meets
the definition of ignitable or reactive
waste under §§ 261.21 or 261.23 of this
chapter; and
  (2) § 264.17(b) is complied with; or
  (b) The waste is managed in such a
way that it is protected from any
material or conditions which may cause
it to ignite or react; or
  (c) The seepage facility is used solely
for emergencies.

§ 264.470  Special requirements for
Incompatible wastes.
  Incompatible wastes, or incompatible
wastes and materials (see Appendix V
for examples] must not be placed in the
same seepage facility, unless § 264.17(b)
is complied with.

§ 264.471-§ 264.499  [Reserved]

 Subpart T—Minimum Acceptable
Treatment of Hazardous Waste Prior
 to Disposal

 § 264.490 Applicability.
   The regulations of this subpart apply
 to owners or operators of facilities used
 for the land disposal of hazardous
 wastes, except as §  264.1 provides
 otherwise.  -

 § 264.491  General requirements.
  , Except as otherwise provided in this
 section or in Part 266, owners or
 operators of facilities shall, at a
 minimum, use available technology to
 reduce the potential adverse effects of
 hazardous waste disposal by:
   (a) Treating wastes prior to laridfilling
 to reduce their mobility or their ability
 to cause other waste to become mobile,
 or ability to release toxic gas.
 .  (1) Soluble metals as salts or salt
  solutions shall be converted to an oxide,
 hydrous oxide or sulfide.
    (2) Using available technology to
  precipitate metals from solutions in
  which they are solubilized due to
  complex formations or chelation.
    (3) Wastes that are highly acidic or
  alkaline shall be neutralized.
    (4) Wastes that are or contain
  Surfactants, organic solvents or
  chelating agents shall be disposed
  separately from other wastes.
v   (5) Wastes containing cyanide salts or
 salt solutions shall be treated so that the ,
 cyanide is oxidized.

 §§264.292-264.499  [Reserved]

 PART 260—HAZARDOUS WASTE
 MANAGEMENT SYSTEM: GENERAL

   1. The authority citation for Part 260 is
 revised to read as folows:
 '  Authority: Sections 1006, 2002(a), 3001
 through 3007, 3010, and 7004  of the Solid
 Waste Disposal Act, as amended by the
 Resource Conservation and Recovery Act of
 1976, as amended, 42 U.S.C. 6901 et seq., sees.
 6905, 6912(a), 6921 through 6927, 6930, and
 6974; and, with respect to "well injection",
 Sections 1421,1422,1423, and 1424 of the Safe
 Drinking Water Act, as amended by the Safe
 Drinking Water Act Amendments of 1977,42
 U.S.C. 300f et seq. sees. 300h, 300h-l, 300h-2,
 and 300h-3.     .

 §260.10  [Amended]
   2. In § 260.10, paragraph (a] is revised
 to read as follows:
   (a) When used in Parts 260 through .
 265 of this chapter, the following terms
 have the meanings given below:
 *   *     *    *    *
   3. In  § 260.10, remove the number
 preceding each defined term..
   4. In  § 260.10, revise the definitions of
 the following terms to read as follows:

  (a) * * *

   Aquifer means a geologic formation,
 group of formations, or part of a
  formation that is capable of yielding a   *
  significant amount of water to a well or
  spring.
  *    *,•*.*    *
    Disposal means the discharge,
  deposit, injection, dumping, spilling,
  leaking, or placing of hazardous waste
  into or on any land or water so that such
  hazardous waste or any constituent,
  decomposition byproduct, or reaction
  byproduct thereof may enter the
  environment or be emitted into the air or
  discharged jlnto any waters, including
  ground waters.
    Disposal facility means a facility or
' part of a facility at which hazardous
  waste is intentionally placed into or on
   any land or water, and at whfch waste
   may remain after closure.
   *    V   *    *    *.
    Injection well means a well into
   which fluids are being,injected.
   ******
    Landfill means a disposal facility or
   part of a facility where hazardous waste
   is placed in or on land and which is not
   a land treatment facility, a surface
   impoundment, or an injection well or
   seepage facility.

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                Federal  Register / Vol. 46, -No. .24 / Thursday, February  5, 1981 / Proposed Rules
                                                                        11171
   Land treatment facility means a
 facility or part of a facility at which
 hazardous waste is applied onto or
 incorporated into the soil surface.
 ft .  , ft"   *  :  *    *       •         •
   Surface impoundment or
 "impoundment" means a facility or part
 Of a facility which is a natural
 topographic depression, manmade
 excavation, or diked area formed
 primarily of earthen materials [although
 it may be lined with man-made
 materials), which is designed to hold an
 accumulation of liquid wastes or,wastes
 containing free liquids, and which is not"
 an injection well or seepage facility.
 Examples of surface impoundments are
 holding, storage, settling, and aeration
 pits, ponds, and lagoons,   .
 * *   *    *     *    *
   Underground injection means a well
 injection.          ,
 *    *    *     *    *
   Well means a bored, drilled or driven
 shaft, or a dug hole, whose depth is
 greater than the largest surface
 dimension.         "
   Well injection means the subsurface
 emplacement of fluids through a bored,
 drilled, or driven well; or through a dug
 well where the depth is greater than the
 largest surface dimension.
 , 5. In  § 260.10, the following terms and
 definitions are added in aphabetical  -
 order to read as follows:

   (a) *  * *    =            ,
   Cased infection well means a well
 which is cased within the surficiat
 aquifer to prevent the escape of fluids
 from the well into the surficial aquifer,
 *    *   • *ij    *    *
   Decomposition byproduct means a
 byproduct of hazardous waste derived
 from the-waste by physical, chemical, or
 biological reactions.
 *    *   -  *    *    *            ••  '
   Formation means a body of rock
 characterized by a degree of. lithologic
 homogeneity which is prevailing, but not.
 necessarily, tabular and is mappable on
 the earth's surface or traceable in the
-subsurface.
   Formation fluid means fluid present in
 a formation under natural conditions as
 opposed to introduced fluids, such as
 drilling mud.                         ,
 *    *    * -•   *    *  .   • .
   Injection zone means a geological
 formation, group of formations, or part
 of a formation receiving fluids through a
 well.
 *    *    *    *    *
   Land disposal facility means a
 disposal facility or part of a disposal
 facility  at which leachate or other
  hazardous waste will or.may discharge
  into ground water:
  *    *    *    *     *
  .  Plugging means the act of or process •
  of stopping the flow of water, oil, or gas
  in formations penetrated by a borehole
.  or well,
  *    *    *    *     *
    Reaction byproduct means a
  substance resulting from physical,
  chemical, or biological reactions
  involving a hazardous waste or
  decomposition byproduct with any other
. substance including byproducts derived •
  from each materials which react with
  hazardous waste or decomposition
  byproducts.
  *    *    #     *    *   ,
    Seepage facility means any land
  disposal facility which is used to
  emplace liquids into the land or the
  ground water which is not a cased
  injection well, a landfill, a surface
  impoundment, or a land treatment
  facility.
  *   • .. *   *     *    *          -   .,
    Surficial aquifer means the uppermost
  aquifer with an upper boundary defined
  by a water table which is naturally
  recharged-from the ground surface and/
  or from the unsaturated zone and in
  addition includes formations which are
  saturated with water intermittently,
  seasonally, or which develop a perched
  water table within the unsaturated zone.
 • *.     *    *   • *    *
    Underground Seepage means the
  underground emplacement of fluids at
  atmospheric pressure through an.
  uncased well, a dug hole, or a disposal
  facility constructed in a dug hole or an
  earth material fill.
  *     *    .*    *    * -
   .Zone of containment means the
 volume of earth materials defined by a  .
 permit applicant in accordance with
  § § 122.25(d)(3)(v) and (4)(iv) beyond
 which the permit applicant asserts his
 discharge will'not cause effects in the
 ground water or in  earth materials.
  , 6. Section 260.23  is added to read as
 follows:  .  •'

 §260.23 Petitions to amend Part 264 or
 Part 265 to allow special types of
 treatment, storage, and disposal facilities at
 a particular location, for a particular
 hazardous waste, or for a hazardous waste
 from a particular source.      •
   (a) Any person who is operating or
 who proposes to construct and.operate a
 treatment, storage,  or disposal facility of
 a type other than those types defined in
 § 260.10 or otherwise described in these '
 regulations and for which operating • '
 methods, techniques, and practices have
 been prescribed in accordance with
 § 3004(3) of the Act and for which
  location, design, and,construction
  requirements have been prescribed hi
  accordance with § 3004(4) of the Act:
  may p'etition for an amendment under
  this section and § 260.20. To be
  successful the petitioner must
  demonstrate to  the satisfaction of the
  Administrator that the operating   -
  methods, teohniquesf and practices he
  proposes to use; and the location,
  design, and construction of the facility
  he is operating or proposes to construct
  and operate are equivalent or superior
  to the requirements of Part 264 or Part
  265 for the particular location at which
  he is operating or proposes to operate;
  and for the particular hazardous       v
  waste(s) he is treating,' storing, or
  disposing of or proposes to treat, store,
  or dispose of.,.  '   ' -
    (b) After receiving a'petition, the
  Administrator may request any •   * '
  additional information which he
  reasonably may require to evaluate the
  petition.    ;
  •  (c) An amendment will only apply to
'  the particular waste(s) or facility   •
  covered by the petition and
  demonstration.      '*
    (d) For facilities operating pursuant to
  section 3005(e) of the Act and Part 265 of
  these regulations, the Administrator
  may (but sheill not be required" to) grant '•
  a temporary amendment before making
  a final decision under §  260.20(d)
  whenever he finds that there is
  substantial  likelihood that an
  amendment will be granted. The
  Administrator shall publish notice of
  any temporary amendment in the
  Federal Register

  PART 122—EPA ADMINISTERED
  PERMIT PROGRAMS: THE
  HAZARDOUS WASTE PERMIT      .
  PROGRAM    „-•               r

   1. The authority citation for Part ±22
  reads as follows:
   Authority: Resource Conservation: and
  Recovery Act, 42 U.S..C. 6901 et seq.; Safe
  Drinking Water Act, 42 U.S.C. 300f et. seq.;
  and Clean Water Act, 33 U.S.C, 1251 et. seq.   ,

 "• 2. In § 122.3, revise the definitions of
  the following terms to read as follows;

  §122.3 Definitions.
  *    *    * .   *    *

   Disposal (RCRA) means -the
 Discharge, deposit, injection, dumping,
  spilling, leaking,  or placing of any
  "hazardous waste" into or on any land
  or water so that such hazardous waste
  or any constituent-or decomposition or
  reaction byproduct thereof may. enter
  the environment or be emitted into the
  air or discharged into any waters, «•
 including ground waters. ~

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 11172        Federal Register / Vol. 46, No.  24 / Thursday, February 5,  1981 / Proposed Rules
   Disposal facility (RCRA) means a
 facility or part of a facility at which
 "hazardous waste" is intentionally
 placed into or on the land or water, and
 at which waste may remain after
 closure.
 4    *    ft    *     *
   Formation fJRCRA and UIC) means a
 body of rock characterized by a degree
 of lithologic homogeneity which is
 prevailing, but not necessarily, tabular
 and is mappable on the earth's surface
' or traceable on the subsurface.
   Formation fluid (RCRA and UIC)
 means "fluid" present in a "formation"
 under natural.conditions as opposed to
 introduced fluids, such as "drilling
 mud".
 *    *    *  .  *    *
   Injection zone (RCRA and UIC) means
 a geological "formation", group of
 formations, or part of a formation
 receiving fluids through a "well".
 •    «    *    *    *
   Plugging means the act of or process
 of stopping the flow of water, oil, or gas
 in "formations" penetrated by a
 borehole or "well".
 *    *    «    *    *
   Underground injection (RCRA and
 UIC) means a "well injection."
 *****
   Well (RCRA and UIC) means-a bored,
 drilled or driven shaft, or a dug hole,
 whose dupth is greater than the largest
 surface dimension.
   Well injection (RCRA and UIC)
 means the subsurface emplacement of
 "fluids" through a bored, drilled, or
 driven "well;" or through a dug well,
 where the depth is greater than the
 largest surface dimension.
  *****
   3. In § 122.3, the following terms and
  definitions are added in alphabetical
  order as follows:
                                   nt
  §122.3   Definitions.
  »    *     *    *    *
   Surfic/al aquifer (RCRA and UIC)
  means the uppermost aquifer with an
  upper boundary defined by a water
  table which is naturally recharged from
  the ground surface or from the          ;
  unsalurated zone and in addition
  Includes formations which are saturated,
  with water intermittently, seasonally, or
  which develop a perched water table
  within the unsaturated zone.
  »    >    *    *    *
    Zone of containment (RCRA and UIC)
  means the volume of earth materials
  defined by a permit applicant in
  accordance with § 122.25(d)(3) (v) and
  (4)(vi) beyond which the permit
  applicant asserts his discharge will not
  cause effects in the ground water or in
  earth materials.
   4. In § 122.15, paragraph (a)(8) is  '
 added to read as follows:

 § 122.15  Modification or revocation and
 reissuance of .permits.
 *****          •
   (a) * * *
   (8) For RCRA only, based on the
 repredictions required in § 122,28{f);
   (i) When the repredictions indicate
 that the limits established in accordance
 with §§ 122.2S(d)(3) and (4) have not or
 will not be met, the report required in
 § 122.28(f) shall include a request for
 modification of the permit to:
   (A) Reduce the rate of waste disposal
 defined in accordance with
 122.25(d)(l)(iii); or
   (B) Increase the zones of permitted
 effects defined in accordance .with
 §§ 122.25(d)(3)(v) and (4)(iv).
   (ii) The permittee may include in the
 report required in § 122.28(f), a request
 for modification of the permit to reduce
 the zones of permitted effects.
   (iii) If, in the opinion of the Director,
 the zones of permitted effects are
 substantially unrelated to actual zones
 of effects based on monitoring and
 modeling, the Director that the permittee
 redefine the zones to more closely
 reflect the actual zones of effects which
 exist and are predicted.
 *****,
    (5) In § 122.17, paragraph (e)(3) is
 added to read as follows:

 § 122.17  Minor modifications of permits.
  *    *    *    *   "  *•
    (e) * * *
    (3) Reduce the rate of waste disposal
 in accordance with § 122.15(a)(8) (i) or
  decrease the zone of permitted effects in
  accordance with § § 122.15(a)(8)(ii) or
  (iii).    .
  *    *  i  *    *     *
   " 6.'In § 122.22, paragraphs (a)(4), (5),
  (6), (7), and (8) are added to read as
  follows:

  § 122.22  Application for a permit.
  ******
    (a) * * *              '
    (4) If a Part B application filed in
;  response to a requirment initiated under
  § 122.22(a)(2) is considered incomplete
  by the permit applicant at the time of the
  required filing, he shall so advise the
  Director stating the reason the
  application is incomplete and the date
  oh which the completed application "will
  be filed.
    (5) If the Director determines the
  reason that the filing is incomplete is
  .beyond the reasonable discretion of the
  applicant due to the requirements of
   §§ 122.25(d), (f), and (g) including the
  regional availability of professional
   services with the requisite skills, he
 shall not deny the application on the
 basis of § 122.25(a)(3).
 '  (6) If the Director determines that an
 incomplete application shows that the
 permit applicant will not comply with
 § 264.2; he may either deny the
 application'or issue an interim permit
• with a compliance schedule for the filing
 of a completed Part B. He may
 incorporate such other conditions in the
 interim permit as he finds appropiate to
 protect public health.or the environment.
   (7) If the Director determines that an
 incomplete application shows that the.
 permit applicant will, in all likelihood,,
 comply with § 264.2; he may issue an
 interim permit.
   (8) No interim permit shall be issued
 for a term longer than five years.
 *****.
   . (7.) In § 122.25, paragraphs (c) through
 (h) are added as follows:

 §122.25 Contents of Part B.
 ***.•**
   (c) Specific information requirements.
 The following additional information,
 based on the technical requirements of
 Subparts K, L, M, N, R, and S (generic
 requirements for all land disposal
 facilities are  covered in paragraph (d) of
 this section), is required from owners or
 operators of specific types of HWM '
 facilities that are used or to be used for
 land disposal:
    (1) For all facilities that use surface
 impoundments for reasons other than
 solely for storage or storage and
 treatment, except as otherwise provided
 in § 264.220, all of the applicable
 information requirements in
  § 122.25(b)(4).
    (2) For all facilities that use waste
 piles for reasons other than solely for
  storage or storage and treatment, except
  as otherwise provided in § 264.250, all of
  the applicable information requirements
  in § 122.25(b)(3).
    (3) For all land treatment facilities,
  except as otherwise provided in
   § 264.270, the owner or operator must
  submit detailed plans and             .
  specifications, and data which must
  collectively include the information
  itemized in paragraphs (c)(3) (i) through
   (iv) of this section. For new facilities, the
  plans and specifications must be in
   sufficient detail to provide complete
   information to a contractor hired to
   build the facility even if the owner or
   operator intends to construct the facility
   without hiring a  contractor. For existing
   facilities, comparable detail must be
   provided, but the form of presentation
   need not assume contractor construction
   except to the extent that the facility will
   be modified. ,             .  ,  .

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                 Federal Register  /Vol. 46, No.  24 / Thursday,  February 5, 1981  /  Proposed Rules
                                                                          11173
    (i) Detailed design drawings and
  specifications of the run-off collection
  structures required in § 264.272.
    (ii) The unsaturated zone monitoring
  plan as required in § 264.278, including
  the rationale used in developing the plan
  and a detailed map of tile facility
  showing the location and depth of the
  soilTpore water sampling devices.
    [iii] Detailed descriptions of any
  inspection, testing, and recordkeeping
  procedures needed to comply with
  § 264.279.    -..'-.'.
    (iv) A description of the operating
  procedures~including any plans or
  equipment that will ensure compliance
.  with §§264.281 and 264.282.
    (4) For landfill facilities, except as
  otherwise provided hi § 264.300, the
  owner or operator must submit detailed
  plans and specifications accompanied
  by an engineering report which must
  collectively include the information
  itemized in paragraphs (c)(4) (i) through
  (x) of this section. For new facilities, the
  plans and specifications must be in
  sufficient detail to provide complete
  information, to a contractor hired to
  build the facility even if the owner or
  operator intends to construct the facility
  without hiring a contractor. For existing
  facilities, comparable detail must be
  provided, but the form of presentation
  need not assume contractor construction
  except to the extent that the facility will
  be modified,                ,
    [i) Detailed design drawings and
  specifications of the leachate monitoring
  system required in § 264.301(a).
    (ii) 'Detailed design drawings and
  specifications of any liner(s) and liner
  base(s) present at the facility and the
  installation procedures used to comply
  with § 264.301(b),
   (iii) Detailed design drawings and
  specifications of any leachate collection
  and removal system present at the
  facility demonstrating compliance with
  the requirements in § 264.301(c).
   (iv) Detailed plans and specifications
 and basis of design of any structures
 needed to comply with the general
 operating requirements in § 264.302.
   (v) Detailed descriptions of any
 inspection, testing, and recordkeeping
 procedures needed to comply with
 § 264.306.
   fvi) Detailed design drawings and
 specifications of the final cover required
 in § 264.310(a).
   (yii) Detailed descriptions of all ,
 maintenance, testing and inspection
 procedures to be used at the facility
 during the closure and post-closure care
 period as needed to satisfy the
 requirements of § 264.310 (b) and (c).
  (viii) A map(s) which satisfies the
 requirements of § 264.309 (a) and (b}. All
 existing facilities must submit map(s)
  showing the approximate location of
  each hazardous waste type within each
  cell for all wastes disposed of during'the
  interim status period.
    fix) A description of the operating
  procedures including any plans or
  equipment that will ensure compliance
  with §§264.312, 264.313, 264.314 and
  264.315.              '
    (x) Detailed design drawing(s) of the
  landfill and surrounding geology
  showing the dimensions and-depth of
  the uppermost aquifer beneath the
  facility.
    (5) For underground injection
  facilities, except as otherwise provided
  in § 264.430, the owner or operator must
  submit detailed plans and specifications
  accompanied by an engineering report
  which must collectively include the
  information itemized in paragraph (c)(5)
  (i) through (v) of thjs section. For new
  facilities, the plans and specifications
  must be in sufficient detail to provide
  complete information to a"contractor
  hired to build the facility even if the
  owner or operator intends to construct
  the facility without hiring a contractor.
  For existing facilities, comparable  detail
  must be provided, but the form of
  presentation need not assume  contractor
  construction except to the extent that
  the facility will be modified.
    (i) A statement of the maximum  •
.pressure to be applied to the well head
  and basis (calculations) of
  establishment.
   (ii) A statement of the annular
 pressure to be maintained and basis
  (calculations) of establishment.
   (iii) An analysis of the well
 construction material selection including
 casing, cementing, tubing and packer
 materials.
   (iv) A description of the operating
 procedures to comply with § 264.432.
   (v) A description, and justification .of
 well plugging techniques to be utilized,at
 closure.
   (6) For seepage- facilities, except as
 § 264.460 provides otherwise, all
 applicable information requirements in
 § 122.25(b)(3).
   (d) Informational requirements for
permitting discharges from land
 disposal facilities. Except as provided in
 paragraph (e) of this section, each owner -
 or operator applying for a permit to
 dispose of hazardous waste into or on
 the land shall file the following
 information as part of his application:
  (1) A definition of the specific
hazardous wastes to be disposed of in
each disposal facility operational unit,
including:
  (i) The specific  wastes by hazardous-
waste number when applicable.
  ;(ii) The expected rate of deposition of
each1 specific waste including both
  wastes defined as hazardous wastes in
  .accordance with § 261.3 and any other
  waste-to be disposed of in conjunction
  with such hazardous wastes.  "
    (iii) The maximum rate of deposition
  of each specific waste described in
  accordance with § 122.25(d)(l)(ii) for   *
  which permit authorization is being
  requested.   '
    (2) A definition of the .rate of mass
  transport of leachate and gases from the
 -land disposal facility, including;
    (i) The mass rate of hazardous wastes,
  and the decomposition byproducts of
  hazardous wastes expected to leach or
  otherwise escape from the facility,
    (ii) The mass rate of any .other wastes
  and the decomposition byproducts of
  such other wastes expected to leach or
  otherwise escape from the facility,
    (iii) The mass rate of infiltrating
  rainwater and other liquids disposed of
  or generated within the facility expected
  to leach or otherwise escape from the
  facility, and ;   ;
    (iv) The maximum mass rate of
  infiltrating rainwater, any other liquids
  to be disposed of or generated within
  the facility, hazardous wastes and any
  other wastes to be disposed of within
  the facility, and the deompositon
  byproducts of such hazardous wastes pr
  other wastes including gases expected
  to leach or otherwise escape from the  .
  facility.'     .
   (3) A definition of the earth materials
 above the zone of saturation which will
 be in contact with leachate discharging
 from the land disposal facility and gases
 released from the facility and the
 leachate, including;                •   •
   (i) The lateral and vertical extent of
 the expected migration of leachate in
 any materials emplaced to control the
 rate of leachate migration.
   (ii) The lateral and vertical extent of
 the expected migration  of leachate in
 each natural earth material formation
 determined to exist during site
 investigation studies required in
 paragraph (g) of this section.
   (iii) The lateral and vertical extent of
 the expected migration of gases through
 any materials or wastes emplaced
 within the facility.       .
   (iv) The lateral and vertical extent of
 migration of gases in each natural
 formation determined to exist during the
 site investigation studies required in
 paragraph (g) of this section.
  (v) The maximum lateral and vertical
 extent of earth materials above the zone
 of saturation and the area at the surface
 of the ground or the waste for which
 authorization to be in contact with
leachate dischzirged from the facility or
gases released from the facility and the
leathate is being requested;'

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11174         Federal Register / Vol. 46. No. 24 /  Thuraday.£ebruary 5, 1981  /Proposed Rules^
  (4) A definition of the earth materials
In th« saturated zone which will be in
contact with the leachate discharged
from the land disposal facility and tKe
extent and rate of leaching, including;
  (i) The mass rate of transport of
infiltrating rainwater, any other liquids
to bo disposed of or generated within
the facility, hazardous wastes or any
other wastes to be disposed or within
the facility, and the decomposition
byproducts of such hazardous wastes or
other wastes; expected to leach from the
facility to the ground water.
  (if) Any alteration in the vertical
elevation of the zone of saturation
expected to occur due to the existence
of the facility and/or the discharge from
the facility to the saturated zone.
   (Hi) The transverse, lateral, and
vertical extent of the expected migration
of leachate within each natural earth
material formation hi the saturated zone
determined to exist during site
investigation studies required in
paragraph (g) of this section.
   (iv) The maximum transverse, lateral,
 and vertical extent of earth materials in
 the saturated zone for which
 authorization to be in contact with
 leachate discharged from the facility is
 being requested.
   (v) The maximum mass rate of
 transport within the saturated zone of
 infiltrating rainwater, any other liquids
 to be disposed of or generated within
 the facility, hazardous wastes or any
 other wastes to be disposed of within
 the facility, and the decomposition
 byproducts of such hazardous wastes or
 other wastes for which permit
 authorization is being requested.
   (5) A definition of the discharges and/
 or withdrawals of ground water mixed
 with leachate, including;
   (i) The mass rate of discharge from the
 saturated zone of liquids to be disposed
 of within the facility, liquids other than
 water which will be generated within
 the facility, hazardous wastes or any
 other wastes to be disposed of within
 the facility, substances solubilized from
 earth materials by leachate, and the
 decomposition byproducts of such
 hazardous wastes, liquids, or other
 wastes or substances; into any flowing
 surface waters, any standing surface
 waters, or to the ground surface within
 the zone of containment.
    (ti) The maximum mass rate of
 discharge from the saturated zone of
 liquids  to be disposed of within the
 facility, liquids other than water which
 will be generated within the facility,
 hazardous wastes or any other wastes
  to be disposed of within the facility,
  substances solubllizod from earth
  materials by leachate, and/or the
  decomposition byproducts of such
hazardous wastes, liquids, or other _
wastes or substances; into any flowing
surface waters, any standing surface
waters, or to the ground surface within
the zone of containment for which
permit authorization is being requested.
  (iii) The mass rate of withdrawal from
the saturated zone of liquids to be
disposed of within the facility, liquids -
other than water which will be
generated within the facility, hazardous
wastes or any other wastes to be
disposed of within the facility,
substances solubilized from earth
materials by leachate, and the
decomposition byproducts of such
hazardous wastes, liquids, or other
wastes or substances into any well or
other ground water collection device,
except monitoring wells or collection
devices installed or to be installed to
monitor or characterize the leachate and
the ground water.
   (iv) The maximum mass rate of
withdrawal from the saturated zone of
liquids to be disposed of within the
facility, liquids other than water which
will be generated within the facility,
hazardous wastes or any other wastes
to be disposed of within the facility,
substances solubilized from earth
materials by leachate, and the
decomposition byproducts of such
hazardous wastes,  liquids, or other
wastes or substances; into any well or  ,
any other ground water collection
device, except monitoring wells or
collection devices installed or to be
installed to monitor or characterize the
leachate and/or the ground water.
   (e) The precision of the definitions
required in subsection (d] of this section
may be varied in accordance with the
need for information to establish
 compliance with the standards of 'this
 regulation as follows:
   (1) The informational requirements of
 § 122.75(ct)(l) are applicable to all types
 and classes of land disposal facilities
 without exception.
   [2] The informational requirements of
 § 122.75 are applicable to all types and
 classes of land disposal facilities
 however;
   (i) For surface impoundments and
 waste piles, used solely for storage or
 storage and treatment which are
 designed to preclude leakage, as
 described in § 264.19(d) (i) and (ii), no-
 definition of leachate discharge is
 required unless leakage is to be
 controlled by a leachate collection
 system.
   (ii) For seepage facilities and injection
 wells which are designed and operated
 solely to introduce liquids into the land,
 leachate discharge can be considered
 equivalent to waste deposition unless
 the boundary conditions, between the
 liquid and the land, control the rate of
 discharge to a rate less than the rate of
 deposition.
   (iii) For all types oHacilities, the rate
 of gaseous escape which occurs directly
 to the atmosphere from any land
 disposal facility operational unit may be
 considered in conjuction with gaseous
 emissions from all operational units of.
 the facility.
   (iv) For all facilities from which
 leachate will discharge into the land, the^
 informational requirements of         ^
 §§ 122.25(d)(2)(i), (ii), and (iii) are to be
 considered as a best estimate of the
 volume and character of the leachate
 which will discharge from the facility
 into the land or be collected for
 treatment, discharge, or disposal from
 within or above materials emplaced to
 control the rate of leachate migration.
 Leachate discharge into the land will be
 subject to verification and more precise
 definition based on monitoring and
 modeling in accordance with § 122.28(f).
   (3) For any portion of the leachate
 which will discharge into natural earth
 material formations, the volume of
 discharge must be defined as precisely
 as possible; and the character of the
 leachate defined with sufficient
 precision to establish:
   (i) The physical characteristics of the
 leachate to allow definition of the locus
 of leachate migration through natural
 - earth materials including;
    (A) The uniformity of the the expected
 leachate (i.e. solubility and miscibility in
 ground water and constancy with
 respect to time). Immiscible portions of
  the leachate or substantially differing
  leachate must be considered
  independently.
    ((B) The range of viscosity of the
  leachate and immiscible portions of the
  leachate.
    (C) The range of specific gravity of the
  leachate and immiscible portions of..the
  leachate.
    (D) The range of surface tension of the
  leachate and immiscible portions of the
  leachate.                           .
    (ii) The chemical characteristics of the
 . leachate and immiscible portions of the
,  leachate for the purpose of;
    (A) Discussing the expected or
  probable fate of the contaminants in the
  leachate base on independent study, or
     (B) Discussing the expected or
  probable fate of the contaminants in the
  leachate based on reliable reference
  sources of data.
     (4) The informational requirements of
   § 122.25(d)(3)(ii) may be approximated
  with respect to the extent of the zone in
  • each homogeneous natural earth
  material formation as a downward
  vertical extension of the  overlying

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                Federal Register/ Vol. 46, No. 24 / Thursday, February 5, 1981  / Proposed  Rules        -11175
               mi^wire»mp-Vra»Vff^-w-rgtV-T«ffyOTm«rt«W1K»Mt£gBftt3aE&
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11176         Federal Register / Vol. 46, No. 24 / Thursday,  February 5,  1981 / Proposed^ules_
rock), karsl zones (of consolidated rock),
and swelling (of day).
  (vif) Include a description and such
mapping of the progression of the
migration of the leachate plume in the
ground water flow system during the
active life of the facility, during the post-
closure care period and, unless the
plume discharges to surface water or it
can be shown that the plume will be
collected or withdrawn, subsequent to
the post-closure period. The mapping
shall be adequate to ensure an
understanding of the locus of the
migration of the leachate plume by a lay
.reviewer of the description.
  (2) A report on the climatologic
factors based on the data required in
paragraph (g)(2) of this section.
  (3) A report on the geographic factors
based on the data required in paragraph
(g)(3) of  this section.
  (g) Site Investigation Requirements.
Bach applicant for a permit for a
hazardous waste facility shall
investigate the site and environs of the
storage,  treatment, or disposal activity
and establish permanent on site vertical
and horizontal controls to allow all
elevations and locations to be surveyed,
expressed, and plotted with reference to
USGS and USC&GS horizontal and
vertical  controls.
   (1) With respect to geologic and
hydrologic factors:
   (i) Surface topography shall be
 surveyed with sufficient accuracy to
 allow the plotting of surface contours at
 a contour interval not greater than two
 tnetera over an area extending at least
 forty meters beyond any proposed
 construction activity, including
 excavation or filling, or any area where
 leachate will migrate within ten meters
 of the ground surface.
   (il) Unless reliable boring data is
 available from previous investigations,
 sufficient borings shall be made in
 "Sneonsolidated earth materials in the
 vicinity of the site and the zone of
 leachate or gaseous migration to
 characterize or verify the
 characterization of unconsolidated earth
 materials with respect to type of
 material, uniformity, permeability,
 porosity, and fracturing. In addition,
 where such materials will be subject to
 loads or used as a functioning part of a
 constructed facility; swelling,
 settlement, and plasticity shall be
 characterized or verified.
   (HI) Where leachate migration will
 reach the contact surface between
 unconsolidated and consolidated earth
 materials, the contact surface of
 consolidated rock shall be surveyed
 with sufficient accuracy to allow the
 plotting of the contact surface at a
 contour interval of not greater than four
 meters.
   (iv) Where leachate migration will
 occur within consolidated rock, the
 effected consolidate rock shall be
 characterized by geologic investigation
 with respect to type of material,
 permeability, porosity, relationship to
 any overlying mantle of unconsolidated
 materials, relationship to adjacent
 consolidated materials, degree of
 weathering including the formation of
 karst zones, degree of fracturing, the
 location and character of fault zones,
 and attitude.
   (v) Ground water elevations shall be
 determined with sufficient accuracy to ,
 allow the plotting of water table
 contours at a contour interval of not
 greater than two meters beneath the site
 where ground water mounding may or
 will  occur due to discharge from the
 facility, and in any area where ground
 water affected by leachate will  migrate
 within ten meters of the ground surface.
 Beyond the above described areas,
 sufficient ground water elevation data
 shall be obtained to construct a ground
 water flow net for any given set of
 conditions of discharge to the ground
 water, withdrawal or discharge from the
 ground water, and recharge of the
 ground water which may occur prior to,
 during, or after the active operation of •
 the facility.
    (vi) To the extent that new borings are
 made or hew wells are installed to
 obtain the data necessary to
 characterize or verify the character of
 earth materials or the ground water
 within and flowing through such earth
• materials, boring holes and wells shall
 be filled and, if necessary, plugged and
 sealed to avoid creating new paths for
 fluid migration unless the hole or well
 will be maintained as a ground water
 sampling well hi accordance with
  Subpart F.
    (vii) All existing excavations, borings,
  or wells, or other ground water collection
  devices  within the zone of containment
  shall be located by field survey, and
  described in detail.
    (2) With respect to climatologic
  factors;
    (i) The seasonal variation' in ambient
  temperatures including the average
  monthly temperature, and the extremes
  during any month.
    [ii) The seasonal variation in wind
  conditions including the average jiumber
  of days  in any direction and at any
  velocity range for which data exists and
  the direction and velocity of expected
  extremes.
    (iii) The seasonal variation in the
  type, duration, intensity, and amount of
  precipitation including both monthly
averages and the expected extremes
during any month.
  (3) With respect to geographic factors;
  (i) The type of land use including but
not limited to:
  (A) The associated densities of human
population living, working, or passing
through the area.
  (B)  The associated density of animal
population living in or passing through
the area.
  (C) The associated intensity of use for
the production of food chain crops.
  (ii)  The controls over land use and the
manner in which such controls are
implemented or are to be implemented.
  (iii) Projected future land use based
on trends in land use, existing or
developing plans to modify the land use.
  (4)  With respect to the following
special requirements based on land
disposal facility class:
  (i) An applicant for a permit for a
Class A land disposal facility must
investigate the entire aquifer to which
discharge will occur and within which
leachate will migrate'and establish,
based on reliable reference data or
independent field investigation, that;
  (A) No part of the aquifer is now or
will in the future be used as a source of
water supply for domestic, agricultural,
industrial, or commercial uses.
   (B) No migration pan occur from the
 aquifer to any other aquifer.
   (ii) An applicant for a permit for a
Class B land disposal facility must
 investigate the entire portion of the
 aquifer to which discharge will occur
 and within which leachate will migrate
 (which may be equivalent to or inclusive
 of the zone of containment) and
 establish, based on reliable reference
 data and/or independent field
 investigation, that;
   (A) No part of the portion of the
 aquifer is new or will in the future be
 used as a source of water supply for
 domestic, agricultural, industrial, or
 commercial uses.
   (B) No migration can occur from the
 portion of the aquifer to any other
 portion of the aquifer or to any other
 aquifer.
   (iii) An applicant for a permit for a
 Class C land disposal facility must
 investigate in detail each location of
 ground water withdrawal or collection
 for use, referencing well logs or
 construction records when available,
 with respect to the type of well or other
 ground water collection device
 including;
    (A) The age of the well or collection '
 device, the materials of construction,
 and the location of casing, screens,
 seals, plugs, etc.                "7
    (B) The zone of collection or
 withdrawal.

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                                                                               5''1981 ''/' Proposed Rules
-.-.-- (C) The rate'of ground-water
,  collection or withdrawal.
    (D) The possible yield of the well or  -*
  other ground-water collection device.
    (E) The actual use of the collected or
  withdrawn ground water,
    (iv) An applicant for a permit for a
 / Class D, land disposal facility must, in
  addition to the requirements of :;.--'.'.;•-.
,  paragraph (iii) for .any ground water use
  other than public drinking water,
  investigate each location of grpund
  water withdrawal or collection for use
:  as public drinking water, referencing .
  well logs or construction records when
  available, with respect to the type of
  well or other ground water collection
  device including;
    (A) The age of the well or collection
  device, the materials of construction, .-,
  and the location of casing, screens,
  seals, plugs,-etc.   ,     -
    (B) The zone 6f collection or      ,
  withdrawal.                     - '-- •
    (G) The rate of ground water
. collection or withdrawal.
    (D) The potential yield of the well or
  other ground water collection device.
    (E) The physical potential yield of the
  aquifer to additional wells or Other
  grpund water collection devices in the  -
  same zone of withdrawal.
    (F) The treatment provided prior to
  distribution of the ground water for use.
    (v) An applicant for a permit for a
  Class E land disposal facility must, in
  addition to the  requirements of
  paragraph (iii) fpr any ground water use
  other than public drinking water and the
  requirement of paragraph (g)(4)(iv) of
  this section for any ground water use as
' public drinking water, investigate each
  location of ground water withdrawal or •
  collection for use as private-drinking
 water, referencing well logs or
 construction records when available,
 with respect to the type of well or other -
 ground water collection device
 including;
   (A) The age of the well or collection
 device, the materials of construction,
 and the location of casings, screens,
 seals, plugs, etc.
   (B) The zone of cpllectipn pr"
 withdrawal.
   (C) The rate pf ground water
 collection or withdrawal.
   (D) The possible yield of the well or
 other ground-water  collection device.
   (E) The physical potential yield of the
 aquifer to additional wells or other •   ,
 ground water collection devices in  the
 same zone of withdrawal.
   (F)  The alternative sources of public
 or private drinking, water available to
 the well owner.
   (h) A description of the monitoring
 and, if planned or required, the modeling
 proposed to comply with Subpart F
  (Grpund Water and Gaseous Emission
  Monitoring) or to verify or jefine the
  projections of the transverse, lateral,
  and vertical, extent of the migration of
  and the mass of contaminants- in ihe
  leachate, the lateral and vertical extent
  of the migration of gases, and the mass
  of gaseous emissions.
    8. In § 122.26, paragraph (b) is revised
  to read as follows:

  § 122.26 . Permits by rule.
  *;    *    *    *     *.
    fa) Injection wells.The owner or   ,
:  operator of an injection well disposing ,
  of .hazardous waste beneath a surficial
  aquifer and beneath a confining zone
  that does not allow movement of fluid
  into a surficial aquifer if the owner pr
 •operator:
    (1) Has a permit for underground
  injection issued under Part 122, Subpart
  C or Part 123, Subpart C;  and
    (2j Complies with the conditions of
--  that permit and  the requirements of
  § 122.45 (requirements for wells
  managing hazardous waste); and
    (3) Providing that no ground water is
  being or will in the future be withdrawn
  from the zone of containment,
   9.. In § 122.28,  a new paragraph (f) is  ,
 added to read as follows:

 § 122.23  Additional conditions applicable
..toallRCRApermits.  •'-- •
 "*    *    *     *    *    "
   (Q The following report shall be
 submitted by the permittee to the
 Director on fyiarbh 1 of the year
 following three full years of permitted
 operation, based on an OctoberT
 through September 30 year (i.e., not a
 calender year) and tri-annually
, thereafter during the active life and
 post-closure period of the facility.
   (1) A modified prediction prepared in
 accordance with the permit application
 requirements of  § 122.25{d); and
   (2) Proposed modifications to the
 monitoring arid (if necessary) modeling
 program describer in accordance with
 the permit application requirements of
 §122.25.
   10. In § 422.29, paragraph (b) is
 redesignated as paragraph (d), and new
 paragraphs (b) and (c) are added to read
• as follows:                     ,

 §122.29  Establishing RCRA permit  .'   '
   (b) The maximum allowable rate of
 disposal of specific hazardous wastes
 and other wastes at or below the rate
 for which permit authorization was.
 requested in accordance with
 § 122.25(d)(l)(iii), and --.-'.
   (c) For land disposal facilities, a
 condition limiting allowable effects
authorized by the permit to include, at a
maximum, only those effects to the land,
to the ground water, to the atmosphere,
or via the ground water; to the land, to
the surface, waters, or to the atmosphere
as have been defined in the permit
application and which:
  (1) Result within the zone of
containment;
 •(2) Result from discharges from the
zone of containment to surface waters
or to the surface pf the ground;
  (3) Result from collection or
withdrawal of ground water;       '
  (4) Result from gaseous escape from
the facility pf from leachate;  and
  (d) Each o:F the applicable
requirement!! specified ,in 40 CFR Parts
264and266.
[FR Doc. 81-2537 Pled 2-4^81:8:45 am]          '
BILLING CODE 6! SO-29-«3

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                                                                       Postage and
                                                                       Fees paid
                                                                       Environmental
                                                                       Protection
                                                                       Agency
                                                                       EPA 335
                                                                                     Third-Class
United States
Environmental Protection
Agency
Washington DC 20460
Official Business
Penalty for Private Use $300

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