GUIDANCE MANUAL
PLANS, RECORDKEEPING, VARIANCES, AND DEMONSTRATIONS
FOR HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
Interim Status Requirements
This manual (SW-921) was prepared under contract
for the Office of Solid Waste
U.S. Environmental Protection Agency
Region V, Library
230 South Dearborn Street
Chicago, Illinois 60604
I U.S. ENVIRONMENTAL PROTECTION AGENCY
1981
-------
-------
CONTENTS
PART A. BACKGROUND
1.0 Introduction 1
2.0 The Interim Status Standards 2
3.0 Approach of the Manual 5
4.0 Comments 6
PART B. PLANS AND RECORDKEEPING
CHAPTER I—WASTE ANALYSIS PLANS
1.0 Introduction 7
2.0 Regulatory Requirements 8
2.1 General Requirements 8
2.2 Facility-Specific Requirements 10
2.2.1 Subpart J~Tanks 10
2.2.2 Subpart K—Surface Impoundments 10
2.2.3 Subpart L—Waste Piles 11
2.2.4 Subpart M—Land Treatment 11
2.2.5 Subpart N—Landfills 12
2.2.6 Subparts O and P—Incinerators and
Thermal Treatment 16
2.2.7 Subpart Q—Chemical, Physical, and
Biological Treatment 16
3.0 Analytical Methods 17
3.1 Detection of a Manifest Discrepancy 17
3.2 Trial Tests 18
3.3 Reactivity 19
3.4 Corrosivity 20
3.5 Incompatibility 20
3.6 Ignitability 21
3.7 Free Liquids 22
3.8 Substances Exhibiting the EP Toxicity
Characteristic 23
3.9 Hazardous Components 23
3.10 Heating Value 25
3.11 Halogen Content 25
3.12 Sulfur Content 25
4.0 Waste Sampling Methods 26
Appendix A—Interim Status Standards for Waste Analysis 29
-------
CHAPTER 2--CONTINGENCY PLANS
1.0 Introduction 37
1.1 Key Definitions and Concepts 38
1.2 Emergency Training 40
2.0 Elements of the Plan 42
3.0 Suggested Contingency Plan Content and Organization 44
3.1 Facility Identification and General Information 44
3.2 Emergency Coordinator(s) 47
3.3 Implementation of the Contingency Plan 47
3.4 Emergency Response Procedures 49
3.4.1 Actions to be Taken by the
Emergency Coordinator 49
3.4.2 Level of Response 55
3.5 Emergency Equipment 56
3.6 Coordination Agreements 59
3.7 Evacuation Plan 60
3.8 Required Reports 60
4.0 Relationship of SPCC and Contingency Plans 62
4.1 Comparison of Approaches 62
4.2 Amendment of SPCC Plans 63
5.0 Suggested Reference Material 64
Appendix A—Interim Status Standards for Contingency
Plan and Emergency Procedures 65
Appendix B—Clean Environs Hazardous Waste
Facility Contingency Plan 68
CHAPTER 3--GROUND-WATER ASSESSMENT PLANS
1.0 Introduction 77
2.0 Ground-Water Quality Assessment Program Components 79
3.0 Example of Ground-Water Assessment
Program Implementation 82
4.0 References Cited 86
Appendix A—Interim Status Standards for
Ground-Water Quality Assessment
Programs 87
CHAPTER 4--OPERATING RECORD
1.0 Introduction 89
2.0 Recordkeeping Requirements 90
2.1 Operating Record 90
2.2 Other Reports and Recordkeeping 94
3.0 Example Operating Record 97
3.1 Description of Waste 97
3.2 Location of Waste 101
3.3 Waste Analyses and Trial Test Results 106
3.4 Emergency Incident Summary Reports 107
-------
age
3.5 Records and Results of Inspections 109
3.6 Monitoring, Testing, and Analytical Data 110
3.6.1 Waiver from Ground-Water
Monitoring Requirements 112
3.6.2 Ground-Water Monitoring 112
3.6.3 Food-Chain Crop Information 113
3.6.4 Unsaturated Zone Monitoring Data 114
3.6.5 Postclosure Monitoring 114
3.6.6 Incineration Monitoring and Inspections 114
3.6.7 Thermal Treatment Mointoring
and Inspections 115
3.7 Closure and Postclosure Cost Estimates 115
3.8 Documentation of Refusal by Local Authorities
to Enter into Emergency Arrangements 116
4.0 Example Form for Other Reports and Recordkeeping 117
4.1 Facility Identification Number 117
4.2 Notice of Arrangement to Receive Hazardous
Waste from a Foreign Source 119
4.3 Waste Analysis Plan 119
4.4 Inspection Schedule 119
4.5 Job Titles and Personnel Records 120
4.6 Contingency Plan and Amendments 120
4.7 Manifest and Manifest Discrepancies 123
4.8 Annual Report 123
4.9 Unmanifested Waste Report 124
4.10 Additional Reports 124
4.11 Ground Water Sampling and Analysis Plan 124
4.12 Closure Plan 125
4.13 Certification of Closure 125
4.14 Postclosure Plan 126
5.0 Interaction with Other Facility Procedures 127
5.1 Location 127
5.2 Availability 128
Appendix A—Interim Status Standards for
Operating Procedures 129
PART C. VARIANCES AND DEMONSTRATIONS
CHAPTER 5--VARIANCE TO SECURITY
1.0 Introduction 131
1.1 Technical and Regulatory Background 132
1.2 Organization of this Chapter 133
2.0 Determination of Potential Hazards to Intruders 135
2.1 Chemical and Physical Characteristics
of the Waste 135
2.2 Properties Indicating Hazard Potential 135
2.3 Duration of Hazard 137
3.0 Determination of the Risk of Violating Other
Interim Status Standards 138
3.1 General Considerations 138
-------
Page
3.2 Barriers to Contact or Disruption 139
3.3 Safety Practices Relating to Equipment
and Structures 141
4.0 Integrated Review of Facility Characteristics 142
4.1 Site A 142
4.1.1 Setting 142
4.1.2 Condition 144
4.1.3 Suggested EPA Decision 144
4.2 Site B 144
4.2.1 Setting 144
4.2.2 Condition 145
4.2.3 Suggested EPA Decision 145
5.0 References Cited 145
Appendix A—Interim Status Standards for Security 146
CHAPTER 6--VARIANCE TO GROUND-WATER MONITORING
1.0 Introduction 147
1.1 Purpose of this Chapter 147
1.2 Technical and Regulatory Background 148
1.3 Organization of this Chapter 149
2.0 Geologic and Hydrologic Factors Affecting
Contaminant Movement 151
2.1 Contaminant Movement in the Unsaturated Zone 151
2.1.1 Water Balance Determinations 151
2.1.2 Unsaturated Zone Characteristics 153
2.2 Contaminant Movement in the Saturated Zone 155
2.2.1 Saturated Zone Characteristics 155
2.2.2 Proximity to Water Supply Wells or
Surface Waters 158
3.0 Integrated Review of Site Characteristics 161
3.1 Site A 163
3.1.1 Demonstration of Geologic and
Hydrologic Conditions 163
3.1.2 Requirements Requested to be Waived 163
3.1.3 Suggested EPA Decision 163
3.2 Site B 163
3.2.1 Demonstration of Geologic and
Hydrologic Conditions 163
3.2.2 Requirements Requested to be Waived 164
3.2.2 Suggested EPA Decision 164
3.3 Site C 164
3.3.1 Demonstration of Geologic and
Hydrologic Conditions 164
3.3.2 Requirements Requested to be Waived 165
3.3.3 Suggested EPA Decision 165
4.0 References Cited 166
Appendix A—Interim Status Standards for Waiver of
Ground-Water Monitoring Requirements 166
-------
Page
CHAPTER 7--VARIANCE TO POSTCLOSURE CARE 167
CHAPTER 8--DEMONSTRATION FOR GROWING
FOOD-CHAIN CROPS 169
1.0 Introduction 169
2.0 Regulatory Requirements for Food-Chain Crops 170
2.1 Regulations for Wastes Containing Cadmium 173
2.2 Regulations for Wastes Containing
Other Specified Constituents 173
2.2 Use of Published, Documented, and
Existing Data 175
2.4 Field Test Requirements 175
3.0 Integrated Review of Requirements 177
Appendix A—Interim Status Standards for
Food-Chain Crops 182
-------
DRAFT
A. BACKGROUND
1.0 INTRODUCTION
The purpose of this document is to assist EPA1s Regional Offices
in interpreting selected requirements of the "Interim Status Standards"
(ISS) for facilities managing hazardous waste. The Interim Status
Standards were promulgated under the authority of Section 3004 of the
Resource Conservation and Recovery Act of 1976 (RCRA) and were pub-
lished in the Federal Register on May 19, 1980 (45FR98:33063). This
Regional Guidance Manual on Selected Interim Status Requirements
provides background information and general guidance to aid permitting
officials in evaluating responses to certain of the interim status
regulations. This manual is not a regulatory action and the sugges-
tions contained herein are not mandatory or enforceable. The guidance
provided represents the best information available to EPA.
The Regional Guidance Manual on Selected Interim Status Require-
ments provides guidance on the following requirements:
1. Waste Analysis Plans
2. Contingency Plans
3. Ground-water Assessment Plans
4. Operating Record
5. Variance to Security Requirements
6. Variance to Ground-water Monitoring Requirements
7. Variance to Post-Closure Care Requirements
8. Demonstration for Growing Food-Chain Crops
-------
2.0 THE INTERIM STATUS STANDARDS
Facility owners or operators who have notified EPA by August 18,
1980 that they are managing hazardous waste as required by Section
3010 of RCRA, and who have applied for a permit by November 18, 1980
have "interim status" and are treated as having been issued a permit.*
EPA expects that many prospective permittees will be operating in
interim status for several years. Therefore, selected minimum require-
ments for facilities at which hazardous waste is treated, stored, or
disposed were promulgated as Interim Status Standards.
The Interim Status Standards have been designed so that they can
be met without substantial interpretation by, or negotiation with
EPA. During the interim status period individual contact between the
regulated community and EPA is to be minimized to allow EPA to con-
centrate its limited resources on implementing the notification and
manifest systems and initiating the formal permit process.
The interim status standards apply to ten types of facilities:
(1) containers, (2) tanks, (3) surface impoundments, (A) waste piles,
(5) land treatment, (6) landfills, (7) incinerators, (8) thermal
treatment, (9) chemical physical, and biological treatment, and (10)
underground injection. The standards contain three types of require-
ments: (a) administrative and non-technical requirements, (b) general
facility requirements, and (c) specific facility requirements. The
*To qualify for interim status facilities also must have been in
operation by a date specified in RCRA - currently October 1976.
An amendment to RCRA to change that date, possibly to November of
1980, is expected.
-------
administrative and non-technical requirements and the general facility
requirements apply to most types of facilities. The specific facility
requirements are applicable to only one facility type (e.g., unsatur-
ated zone monitoring for land treatment facilities). The major
interim status requirements are as follows:
1. Administrative and non-technical requirements:
• General
- waste analysis: detailed chemical and physical
analyses, waste analysis plan, specific requirements
for each facility type
- security: artificial or natural barrier with con-
trolled entry or 24-hour surveillance, and warning
signs
- inspection: inspection plan and log; remedy of any
deterioration, malfunction, or imminent hazard
- personnel training
- classroom or on-the-job training, annual review of
initial training, records on personnel training
• Preparedness and prevention
- alarm system and emergency equipment; access to same
- arrangements with local emergency authorities
• Contingency plan, emergency procedures, and emergency
coordinator
• Manifest system procedures
• Operating records of activities required by the regula-
tion, such as manifest information, waste analyses
records, testing and analytical data, and demonstration
reports for variances
• Reporting requirements, such as annual reports and
unmanifested waste reports
-------
2. General facility requirements:
• General operating requirements
• Special requirements for ignitable, reactive, and
incompatible wastes
• Groundwater monitoring (monitoring system to be in
operation by November 1981)
• Closure and post-closure plans: estimate of costs and
description of how facility will be closed, notice of
facility closure, and post-closure monitoring mainten-
ance
3. Specific facility requirements:
• Disposal of liquids in landfills or containers
• Control of runoff from waste piles, land treatment, and
landfills (control to be in operation by November 1981)
• Land-treatment facilities monitoring and restrictions
on growing food chain crops
• Incinerators and treatment facilities
• Underground injection
-------
3.0 APPROACH OF THE MANUAL
As mentioned above, the Interim Status Standards were designed
so that they can be met without substantial interpretation by, or
negotiation with EPA. However, both the regions and the regulated
community will have to interpret various sections of the regulations.
In anticipation of this need some regional offices have submitted
various questions to OSW for amplification. This manual attempts to
answer some of those questions with particular emphasis on providing
samples of the numerous plans called for in the regulations. It is
expected that the regions will distribute these sample plans to the
regulated community upon request.
Over the next six months, OSW will be distributing numerous
detailed guidance manuals for permit writers and facility owners and
operators on the "General Standards" for permitted facilities. Among
those standards to be covered in separate manuals are requirements
pertaining to closure, personnel training, liners and leachate
collection systems, management of incompatible wastes, and unsaturated
zone monitoring at land treatment facilities. Several interim status
requirements for which regions have expressed the need for guidance
have not been covered in this manual since they will be more compre-
hensively treated in the manuals on the "General Standards." In
cases where later manuals will provide a more comprehensive treatment
of subjects briefly discussed in this document, these manuals have
been explicitly referenced in the text of this document. Schedules
for these manuals are shown in Table 1.
5
-------
Subj ect
TABLE 1
Title
Final Draft
Due
Closure
Liners and
Leachate
Collection
Systems
Closure and Post-Closure
Guidance Document
Technical Resource Document:
Lining of Waste Impoundment
and Disposal Facilities
9/80
11/80
Incompatible
Wastes
Unsaturated Zone
Monitoring
Personnel
Training
Guidance Manual on Incompat-
ibility
Permit Writers' Guidance
Manual: Landfarms
Personnel Training Manual
10/80
10/80
1981
4.0 COMMENTS
Comments are requested from EPA's Regional Offices on this
guidance manual. Comments are invited both on OSW's selection of
requirements for discussion and on the content and level of detail of
the guidance provided. Comments should be mailed to: Penelope
Hansen (WH-565) , U.S. Environmental Protection Agency, 401 M Street,
SW, Washington, DC 20460. OSW plans to distribute a revised version
of the guidance manual to the regions by the end of the year.
-------
B. PLANS AND RECQRDKEEPING
CHAPTER I—WASTE ANALYSIS PLANS
Part 265, Subpart B, §265.13
1.0 INTRODUCTION
After November 19, 1980, the management of hazardous wastes is
subject to the interim status requirements specified in 40 CFR 265
until final administrative disposition of a permit application is
made. Several requirements concerning physical and chemical analysis
of hazardous wastes are contained in the interim status standards.
General waste analysis requirements are addressed §265.13. The
owner or operator of a hazardous waste management facility is required
to obtain a detailed chemical and physical analysis of a representa-
tive sample of any hazardous waste to be managed and to develop and
follow a written waste analysis plan. At a minimum, the waste analysis,
must provide all the information which must be known to treat, store,
or dispose of the waste in accordance with the Part 265 requirements.
Apart from the minimum amount of analysis necessary to comply with
§265.13, additional waste analysis requirements are defined in
Subparts I through Q of 40 CFR 265 for each type of management
facility. Applicable regulations are given in Appendix A.
The purpose of this document is to present the regulatory waste
analysis requirements and to describe and reference analytical and
sampling methods. General and facility-specific requirements are
presented in Section 2, analytical methods in Section 3, and sampling
methods in Section 4 of this chapter.
-------
2.0 REGULATORY REQUIREMENTS
The general waste analysis requirements as given in §265,13
specify that any hazardous waste must be analyzed prior to its
management and that an owner or operator of a hazardous waste
management facility must develop and follow a written waste analysis
plan. In addition, Subparts J through Q each contain special
requirements for managing ignitable, reactive or incompatible wastes.
The impact of these special requirements on waste analysis is
examined. The facility specific requirements are presented for each
of the types of facilities identified in Subparts J through Q in
this section.
2.1 General Requirements
At a minimum, the waste analysis plan required under §265.13
must specify the following:
• The waste sampling method used to obtain a representa-
tive sample.
• The parameters selected for laboratory analysis for
each waste, including those required in Subparts J
through Q.
• The rationale for selection of these parameters for
laboratory analysis.
• The methods or procedures applied during laboratory
analysis.
• The frequency of sampling and analysis to be conducted
on subsequent shipments of the same waste to ensure
that the analysis is accurate and up to date.
-------
• For off-site facilities, the sampling method and
procedure used to identify each movement of hazardous
waste to ensure that the waste is the same as the one
indicated on the accompanying manifest or shipping
paper.
The owner or operator of a hazardous waste management facility
must keep a waste analysis plan available for inspection by EPA
personnel during the interim status period. A waste analysis plan
must be included with Part B of a permit application as required
under 40 CFR 122.25. Should the permit writer wish to evaluate a
waste analysis plan, guidance is presented in subsequent sections
of this document to assess each component of the plan.
Similarly, waste analysis results and data must be recorded
by the owner or operator and be accessable to EPA personnel during
the interim status period. Analytical data must be included with a
Part B permit application. Guidance on the evaluation and inter-
pretation of analytical data is presented in the various facility
specific guidance manuals and is not provided in this document.
The owners or operators of a hazardous waste management facility
must include provisions in their waste analysis plans to detect
ignitability, reactivity, or incompatibility in any waste managed.
Characteristics for ignitability and reactivity are defined in
§261.21 and 261.23, respectively, and examples of potentially incom-
patible wastes are provided in Appendix V of Part 265. Specific
analytical methods to determine ignitability, reactivity, or incom-
patibility are discussed in Section 3 of this document.
-------
2.2 Facility-Specific Requirements
The following analytical requirements are contained in Subparts
J through Q of the 40 CFR 265 regulations. These analyses must be
included in the waste analysis plan. The required analyses are pre-
sented for each type of hazardous waste management facility identified
in Part 265.
2.2.1 Subpart J - Tanks
As required under §265.193, whenever a tank is to be used to
treat or store a waste which is "substantially different" from one
previously treated or stored in that tank or if the treatment process
is "substantially different", trial treatment or storage tests must
be performed or documented information must be obtained demonstrating
that the intended practice will comply with the general operating
requirements of §265.192(a) and (b). Management of ignitable or
reactive waste is regulated under §265.198 and management of incom-
patible waste is regulated under §265.199.
2.2.2 Subpart K - Surface Impoundments
Trial tests or documented information in lieu of a trial test
are required for treatment of "substantially different" hazardous
wastes or for use of a "substantially different" treatment process
in surface impoundments, as required under §265.225. Management of
ignitable or reactive waste is regulated under §265.229 and management
of incompatible wastes is regulated under §265.230. If the surface
impoundment is to be closed as a landfill, the owner or operator
10
-------
must comply with the §265.310 landfill closure requirements, which
require information on the characteristics and mobility of the waste.
The Section 265.310 requirements are discussed in the landfill section
of this chapter.
2.2.3 Subpart L - Waste Piles
The waste analyses required under §265.252 must ensure that
wastes added to a pile are compatible with each other and with the
material in the pile to which it will be added. A trial test may
satisfy this requirement. Incompatible wastes must not be stored
in the same pile, and piles of incompatible wastes must be physically
separated as required under §265.257. Waste analyses must include a
visual comparison of color and texture for detection of potentially
incompatible wastes as required by §265.252. Management of ignitable
or reactive wastes is regulated under §265.256.
2.2.4 Subpart M - Land Treatment
Section 265.72(a) prohibits placing hazardous waste in land
treatment facilities unless the waste can be made less hazardous by
biological degradation or chemical reactions occuring in the soil.
If data are not available from past experience, the waste analysis
plan should include biodegradation or other treatment tests which
demonstrate the decomposition of the waste into trace amounts of
hazardous residuals and nonhazardous substances. Under §265.73(a),
the owner or operator must determine the concentrations of any sub-
stances which cause the waste to fail the EP toxicity characteristic
11
-------
(§261.24). Maximum concentrations for the specified contaminants
are given in Table 1. Under §265.73(b), for any waste listed in
Part 261, Subpart D, the concentrations of any substances which
caused the waste to be listed must be determined. In addition,
§265.273(c) requires analyses for arsenic, cadmium, lead, and
mercury if food chain crops are grown at the facility. The closure
and post-closure..regulations in §265.250 require that an owner or
operator consider the hazardous waste constituents present in a
facility when developing closure and post-closure plans. The purpose
of determining the properties of hazardous constituents remaining
in the facility is to determine the level of closure and post-closure
care which will be necessary. The types of waste analyses suggested
for obtaining the necessary information are discussed in the following
section. Management of ignitable or reactive waste is regulated
under §265.281, and management of incompatible waste is regulated
under §265.282.
2.2.5 Subpart N - Landfills
No specific analyses are required in this subpart; however,
there are special requirements for the management of liquid wastes
and wastes containing free liquids. Therefore, the owner or operator
of a landfill must determine whether a waste contains free liquids.
The closure and post-closure regulations in §265.310 require that
an owner or operator must consider the hazardous waste constituents
present in a facility and the mobility of these constituents when
12
-------
TABLE 1
MAXIMUM CONCENTRATION OF CONTAMINANTS FOR
CHARACTERISTIC OF EP TOXICITY
EPA
Hazardous
Waste
Number
D004 ....
D005 ....
D006 ....
D007 ....
D008 ....
D009 ....
D010 ....
D011 ....
D012 ....
D013 ....
D014 ....
D015 ....
D016 ....
D017 ....
Contaminant
Arsenic
Barium
Cadmium
Chromium
Lead
Mercury
Selenium
Silver
Endrin (1,2,3,4,10,10-
hexachloro-1 , 7-epoxy-
l,4,4a,5,6,7,8,8a-
octahydro-l,4-endo, endo
5,8-dimethano naphthalene
Lindane (1,2,3,4,5,6-
hexachlorocyclohexane, gamma
isomer
Methoxychlor (1,1,1-
Tr ichloro-2 , 2-bis (p-
methoxyphenyl) ethane)
Toxaphene (CloHioCl?
Technical chlorinated
comphene, 67-69 percent
chlorine)
. 2,4-D(2,4-
Dichlorophenoxyacetic acid)
2,4,5,-TP Silvex (2,4,5-
Trichlorophenoxypropionic acid)
Maximum
Concentration
(milligrams
per liter)
5.0
100.0
1.0
5.0
5.0
0.2
0.2
5.0
0.02
0.4
10.0
0.5
10.0
1.0
13
-------
developing closure and post-closure plans. The purpose of obtaining
information on the composition, characteristics, and mobility of a
waste is to determine the extent of closure and post-closure care
which will be necessary to protect human health and the environment.
Inadequate closure can result in the escape of hazardous constituents
from the landfill through a variety of paths. Gas formation caused
by physical, biological or chemical reactions within the landfill
can lead to the escape of toxic or ignitable gases. Leachate for-
mation and the solubilization of hazardous constituents can result
in discharges to ground and/or surface waters. Damage to the final
cover can result in the contamination of run-off to surface waters
and in increased leachate formation. Waste analysis will provide
the owner or operator with the information needed to determine the
extent of closure and post-closure care necessary to prevent the
escape of hazardous constituents. Table 2 provides suggestions for
waste analyses which could be useful in some situations. However,
the specific information necessary is highly dependent on both
facility design and location. (Further information on closure is
available in the "Subpart G - Closure and Post-Closure Guidance
Document" and in several technical resource documents to be completed
in November 1980). Management of ignitable or reactive waste is
regulated under §265.312, and management of incompatible waste is
regulated under §265.313.
14
-------
TABLE 2
SUGGESTED WASTE ANALYSES FOR OBTAINING INFORMATION
TO BE USED IN PREPARING CLOSURE PLANS FOR
FACILITIES CLOSED AS LANDFILLS
Potential Paths of Release
Damage to Cover From
Gas Formation Leaching Excessive Settling
1, Vapor pressure 1. pH 1. General descrip-
tion of waste
including:
2. Chemical analy- 2. Solubility in a. weight
sis for hazardous water, hydro- b. volume
constituents carbons, and c. estimate of
which could be chlorocarbons solid or bulk
emitted to air density
3. Chemical analysis d. percent solids
for hazardous con-
stituents which
could be leached
15
-------
2.2.6 Subparts 0 and P - Incinerators and Thermal Treatment
The waste analysis requirements under these subparts are similar.
Under §265.345 and §265.375, the owner or operator of an incinerator
or thermal treatment facility must analyze "any waste not previously
treated" to determine:
• Heating value of the waste
• Halogen content and sulfur content of the waste
• Concentrations of lead and mercury in the waste,
unless the owner or operator has written, documented
data to show that the elements are not present.
Management of waste explosives is regulated under §265.382. There-
fore, an owner or operator may wish to determine whether a waste is
explosive.
2.2.7 Subpart Q - Chemical, Physical, and Biological Treatment
Trial tests or documented information in lieu of a trial test
are required for management of "substantially different" hazardous
wastes or for use of a "substantially different" treatment process
under §265.402. Management of ignitable or reactive waste is
regulated under §265.405, and management of incompatible waste is
regulated under §265.406.
16
-------
3.0 ANALYTICAL METHODS
Analytical methods, sufficient to provide information and data
in compliance with the regulatory requirements, are presented in
this section. The methods are referenced in Part 261 and the
majority of them are contained in "Test Methods for Evaluating
Solid Waste", EPA publication SW-846. Each of the parameters
for analyses required under the regulations will be discussed
individually.
3.1 Detection of a Manifest Discrepancy
Manifest discrepancies are differences between the quantity,
including differences in weight and number count, or type of
hazardous waste designated on a manifest or shipping paper and the
quantity or type of hazardous waste a facility receives. Significant
discrepancies in type, as defined in §265.72, are "obvious differences
which can be discovered by inspection or waste analysis." Little
more than the proper shipping name of the waste is required to
appear as a description on the manifest under §262.21. Accordingly,
in the preamble to Part 265 detection of manifest discrepancies in
type is intended "to have facilities flag obvious differences in
waste type ..., as opposed to more subtle changes, such as part-
per-million variations in the concentrations of heavy metals within
a sludge1'.
Therefore, it is suggested that detection of manifest discre-
pancies occur primarily by visual inspection and rapid chemical
17
-------
analyses that may be performed during sampling. Examples of waste
characteristics which may be determined by visual inspection and
rapid chemical analysis include:
• Physical state of the waste - powdered or granular
solids, slurries, sludges, liquids or compressed
gases
• Color and texture
• Whether liquids and slurries are primarily aqueous or
organic
• pH of aqueous wastes
• Odor
• Specific gravity or density
3.2 Trial Tests
The purpose of conducting trial tests for waste management
at tanks, surface impoundments and chemical, physical and biological
treatment facilities is to prevent accidents and haphazard experi-
mentation with new wastes or new treatment techniques when chemical
treatment of large batches of waste is involved. These requirements
ensure that the operator knows not only the characteristics of the
waste involved but also the behavior of the waste in a treatment
process, or the effects of a new treatment process on the wastes and
the facility. Haphazard experimentation or treatment of waste with-
out trial tests may cause corrosion of containment devices, fires,
explosions, and other problems associated with ignitable, reactive,
or incompatible wastes. Trial tests, or documented information on
similar wastes under similar treatment processes and similar
18
-------
operating conditions, should bring to light unanticipated problems
before large batches of waste are treated.
Trial tests should simulate intended treatment processes and
conditions as faithfully as possible to ensure compliance with the
facility specific requirements and the general requirements for
managing ignitable, reactive or incompatible wastes under §265.17.
Information and guidance about trial test protocol and conduct is
contained in the "Guidance Manual on Trial Treatment Tests and
Compatibility" (Fred C. Hart Associates, for Office of Solid Waste).
The fate of the hazardous components present in a waste should be
monitored during a trial test. Information about the analysis of
hazardous components is presented in Section 3.9 of this chapter.
3.3 Reactivity
A waste is classified as reactive if it has any of the
properties listed in 261.23, which are:
• It is normally unstable and readily undergoes violent
change without detonating
• It reacts violently, or forms potentially explosive
mixtures, or generates toxic gases, vapors or fumes
upon contact with water
• It contains cyanide or sulfide and can generate toxic
gases, vapors, or fumes
• It is explosive under standard conditions or in the
presence of heat or an initiator
Several analyses are necessary, therefore, to determine whether a
hazardous waste is reactive according to the regulatory definition.
The owner or operator of a waste management facility must analyze a
representative sample of a waste for the potential generation of
19
-------
hydrogen cyanide or hydrogen sulfide, determine whether the waste
is explosive, and determine the type of reaction occurring when the
waste contacts water. A method for determining if HCN or H2S genera-
tion is a problem is being developed for "Test Methods for Evaluating
Solid Waste", SW-846. Explosive wastes are defined and methods of
determination are referenced in Section 6.2 of SW-846. Reactivity of
the waste with water may be determined under controlled conditions
as part of the trial tests described in Section 3.2 of this chapter
3.4 Corrosivity
Both of the characteristics of corrosivity defined in §261.22
involve analytical testing of the waste. An aqueous waste is classi-
fied as corrosive if the pH is less than or equal to 2 or greater
than or equal to 12.5, as determined by Method 5.2 in SW-846. A
liquid waste is corrosive if it corrodes SAE 1020 steel at a rate
greater than 6.35mm (.250 inch) per year at 55°C (130°F) as determined
by Method 5.3 in SW-846, which is adapted from National Association
of Corrosion Engineers Standard TM-01-69.
3.5 Incompatibility
Incompatible wastes are defined as those hazardous wastes that
may cause corrosion or decay of containment facilities or may generate
heat or pressure, fire or explosion, violent reaction, toxic dusts,
mists, fumes or gases, or flammable fumes or gases if mixed with
another waste or material under uncontrolled conditions. Incompatible
wastes are defined to include waste-to-containment device incompati-
bility and waste-to-waste incompatibility.
20
-------
If a complete chemical analysis of the waste is available,
waste-to-waste incompatibility may be determined by the methods
developed by the Hazardous Materials Management Section of the
California Department of Health Services and presented in "A Method
for Determining Hazardous Wastes Compatibility". Similar methods
for determining waste-to-waste compatibility and guidance for
determining waste-to-containment device compatibility are presented
in the "Guidance Manual on Trial Treatment Tests and Compatibility."
Waste incompatibility may be determined during trial tests.
Devices to measure temperature and pressure and to collect gases
generated during the test for subsequent analysis may be incorporated
into the trial test apparatus. Monitoring of these devices during
the trial test will provide information to determine whether the
system is incompatible within the regulatory definition.
3.6 Ignitability
The characteristics of ignitable wastes defined in §261.21 are
based on the results obtained from several analytical procedures,
including a flash point determination and identification of flammable
compressed gases and oxidizers. The flash point of liquid wastes
may be determined by ASTM Standards D-93-79 or D-3278-78, or
equivalent test methods approved by the EPA Administrator. Ignitable
compressed gases and oxidizers are defined in Section 4 of SW-846,
using ASTM Standard D-323 to determine a compressed gas, and Bureau
of Explosives methods to determine an ignitable compressed gas.
21
-------
Examples of oxidizers are provided in Section A.5 of SW-846. The
liberation of oxygen during a trial test would serve to identify an
oxidizer. No methods are suggested for identifying ignitable wastes
defined in §261.21(a)(2), which are wastes that are not liquids and
are capable of causing fire through friction, absorption of moisture,
or spontaneous chemical changes and, when ignited, burn so vigorously
and persistently that they creat a hazard. Information from previous
experience and trial tests under controlled conditions may be the
best method to identify these wastes.
3.7 Free Liquids
Free liquids are defined as "liquids which readily separate
from the solid portion of a waste under ambient temperature and
pressure." This term distinguishes a waste containing liquids that
will readily flow from the waste in a landfill to product leachate.
For sludges or semi-solids that are not obviously liquids, the
following test may be used to determine if they contain "free liquids."
Place a one to five kilogram (2.2. to 11.0 Ibs) sample of waste on
a level or slightly sloping plate of glass or other similarly flat
and smooth solid material for at least five minutes. If a liquid
phase separation is observed, the waste contains "free liquids."
EPA feels this test provides a practical way to test sludges and
semi-solids and helps to clarify the meaning of free liquids until
a more rigorous test is devised.
22
-------
The test is intended to simulate, in a sample way, the behavior
of semi-solid wastes placed on the surface of a landfill. If
liquids can be observed as a separate phase draining over an
impermeable substrate from the base of a small sample of the waste,
such liquids can also be expected to drain from the waste itself
when it is placed on the surface of the landfill, and will be free
to migrate into the landfill much as liquid wastes would. The fact
that liquids cannot be observed to migrate from a small sample after
a few minutes does not, of course, ensure that they will not migrate
from a larger sample, after a longer period of time, when the waste
is compressed or the temperature is raised. This test thus represents
a rough minimum for the containment of free liquids.
3.8 Substances Exhibiting the EP Toxicity Characteristic
Analytical methods contained in "Test Methods for Evaluating
Solid Waste", SW-846, for the extraction procedure toxic substances
listed in Table 1 (Maximum Concentrations of Contaminants for
Characteristic of EP Toxicity) of Section §261.24 are referenced in
Table 2. These methods must generate accurate, quantitative data.
It is important that the quality control procedures described in
SW-846 are incorporated with the waste analysis. References to these
analytical methods are contained in Appendix III of Part 261 as well.
3.9 Hazardous Components
The hazardous constituents of the hazardous wastes listed in
Subpart D of Part 261, 261.31 and 261.32, are tabulated in Appendix
VII of Part 261.
23
-------
TABLE 3
ANALYTICAL METHODS FOR TOXIC SUBSTANCES
Substances Analytical Method in SW-846
Arsenic 8.51
Barium 8.52
Cadmium 8.53
Chromium 8.54
Lead 8.56
Mercury 8.57
Selenium 8.59
Silver 8.60
Endrin 8.08*
Lindane 8.08*
Methoxychlor 8.08
Toxaphene 8.08*
2,4-D 8.40*
2,4,5-TP Silvex 8.40*
Confirmation by GC/MS method is presented in 8.25.
24
-------
3.10 Heating Value
The gross heating value of a waste may be determined by bomb
calorimetry. The gross heating value of a waste includes the heat
of vaporization of any water present in the waste and provides the
most useful information to determine incinerator conditions. ASTM
Methods D2015 and D3826 may be used to determine the gross heating
values of solid wastes and ASTM Method E240 is applicable to liquid
wastes.
3.11 Halogen Content
The halogen content of hazardous wastes should be determined
by combustion methods prior to incineration or thermal treatment.
The concentrations of the individual halogens, flourine, bromine,
iodine and chlorine, or the total halogen content may be obtained.
Suggested methods for this analysis are ASTM Methods D2361 and E442.
A test for total organic halogen content is being developed by EPA
and will be included in SW-846. Chloride determinations by
titrimetric and colorimetric methods are not recommended because
many interferences may be present in hazardous wastes and halogens
other than the chloride ion are not detected.
3.12 Sulfur Content
The sulfur content of hazardous wastes may also be determined
by combustion methods and the analysis may be combined with the
halogen determination. Suggested methods of analysis include ASTM
Method D3177, E443 and D129.
25
-------
4.0 WASTE SAMPLING METHODS
Proper sampling is a necessary part of obtaining reliable
information for management of hazardous wastes. Hazardous wastes
may be contained and shipped in a variety of devices and quantities.
Sampling methods used at hazardous waste facilities must ensure
that a representative sample of a waste is obtained.
All precautions should be taken to ensure that the material of
construction of the sampling device is inert to the waste being
sampled. Glass containers are inert to most hazardous wastes.
Sample sizes of 1 to 2 liters should be sufficient for analysis.
In Table 4, sampling methods are presented as a function of
the waste containment device and the physical state of the waste.
Hazardous wastes have been classified into five categories based
upon the physical state of the waste. Solids, liquids, slurries,
sludges, and compressed gases may be readily identified by visual
inspection. Sludges and slurries are both mixtures of solids and
liquids, but the difference is that slurries will flow freely under
normal conditions and sludges will not. The notation of not
applicable (NA) in Table 4 indicates that containment of hazardous
waste in a particular physical state is not common practice in the
device indicated.
Many of the sampling methods referenced in Table 4 are con-
tained in "Test Methods for the Evaluation of Solid Waste",
SW-846. The construction and operation of the Coliwasa sampler
26
-------
i
i
0
z
3
i s
3 1
s
s
§
j
0)
s
s
3
rH
0
2
2
tn
H
S
•H
a
f
a.
o
i
• 4J
g
iH
§
S
CO
a
oi
u
"S
to
to
01
I
0
CO
«rl
CO
t»
00
1
CO
1
•rl
rl
rl
3
rH
CO
CO
•B
•rl
%
OJ
i M
•rl
•w OQ CO
« 01 0
•« §* q
1 3 O
a to
u
OJ
ft
•rl
2 «
1-3
1
oi a
JJ
a
a
01 01
"a, "a
g g to g g
•8 H
01 01
•H rH
« a
If
8 "S
rH W
"V S
SO.
§ " S
U-l O 01 01
00 00
1 rl I S 9
' a •* -a < a
rl C rH W Z WO. U Q. Z W
01 -H a rH S 0)0 OlrHO OIH
•H 3 • -H 00 -HO -H -H O -H iH
W W 3 O 9 WO WOO WO
H U CO CO •< Hen H CO CO H CO
"8 "S "8 1» ti
*H *H *r4 f4 *H
.e ,fl x .c £
U iJ 4J W W
a a o o m a
^ *Q «O pO rH >0
3 0)3433 0,3
U 3 W § W §W
u 3 u 3 4J uo. a u
H rH rH HrH r-l O Q. rH
cu o a. q a o. u -H a
co uco Oca coco O
0) 01
rH rH
4J U
U 0) U
O r-l WO
J5 o. a .a oi
g g^ls si I 2 1
3 S T3 3 CO S S
•H 00 « -3 00
rH -rl 01 rH O. -rl O.
501 H 0 •H 01 ta
* BO o a s H
0) 01
u u
ij CO U
.5 a oi A oi
S rH rH
«< a -o a a a ft oi-ri*
a a -H M oi S 8
010) JJ -rlU 01 WO
M -a a coco > .c - u E
rH a u taiHuau:
o " e BOI w OOE
O W 0) OrH UJJ^-r
u IH u co u ta c
ta oi 01 u ta •>'QM 3 a a
CJ CO g
>* to
u o) a to
iH rH 3
> a s oi
a s o j3
ki 3 ta s
O CO > tH
kl
01
00
K) W
_ W 0)
S 0) rH kl
o AJ a o>
rH U S rH
ITI 3 « a
U 01 § CO
•H i-H 3
> a 3 01
a a o -Q
w a ta 3
0 CO > EH
H TJ O
B to ta B a to
S U -X SU-rlO UJ U J!
a«) CjM SBrHrH UBB
oa SB wox-ri sola
0)
a
e
iH
3
O
fs*
00
rH
1
O
°f
^
»' §
w \o
o E
*
0 B
rH g
ta ^
« w
rl 01
01 JJ
« »
"] M
2 *
oo o)
<» 0
Q) *2
00 jj
1 3
« s
•* LJ
g 0
w "^
CO
IS S
O 4j QJ
*-^ w o
(Q O
1 *£ -
M 0*3 TJ
^ O A> C
^H CO B Q)
51"" |
OJ JH *S -
0 -3 § rH
« S co c5
4J g 1"
« « a o
2 < en -a-
rj
01 -rl ^^ ??
3 "**
a a ..
u a
•rl 01 g
rH > g
a ta u
l|l
1 3 iJ
SE HK S
27
-------
is described in this document. The Coliwasa sampler is designed
to sample liquid hazardous wastes, but it is not commercially
available. The other samplers referenced in Table 2 are commerically
available or may be readily fabricated. ASTM Method E300 provides
a comprehensive review of equipment used to sample industrial
chemicals.
Automatic sampling should be used whenever possible to obtain
a representative sample. Commercial sampling devices are marketed
by at least 40 companies and include timed-cycle, intermittent,
and flow response models. Most of the samplers operate during flow
conditions, so that waste may be sampled in a conduit prior to
introduction to a pile, surface impoundment, or tank. Bleed samples
may be obtained during the unloading of tank trucks or tank rail
cars by diverting a small portion of the stream to a sample container.
Suggestion of sampling methods in Table 2 does not indicate or
imply that application of these methods is mandatory under the
interim status standards. The methods are abstracted from widely-
available sources and are intended to reference typical methods
that might be used to sample hazardous wastes.
I
28
-------
APPENDIX A
INTERIM STATUS STANDARDS FOR WASTE ANALYSIS
Characteristics of Hazardous Wastes
§ 261.21 Characteristic of ignitabillty.
(a) A solid waste exhibits the
characteristic of ignitability if a
representative sample of the waste has
any of the following properties:
(1) It is a liquid, other than an aqueous
solution containing less than 24 percent
alcohol by volume, and has a flash point
less than 60°C (140°F), as determined by
a Pensky-Martens Closed Cup Tester,
using the test method specified in ASTM
Standard D-93-79. or a Setaflash Closed
Cup Tester, using the test method
specified in ASTM standard D-3278-78,
or as determined by an equivalent test
method approved by the Administrator
under the procedures set forth in
§§260.20 and 260.21.'
(2) It is not a liquid and is capable,
under standard temperature and
pressure, of causing fire through friction,
absorption of moisture or spontaneous
chemical changes and, when ignited,
burns so vigorously and persistently that
is creates a hazard. •
(3} It is an ignilable compressed gas as
defined in 49 CFR 173.300 and as
determined by the test methods
described in that regulation or
equivalent test methods approved by the
Administrator under §§ 260.20 and
260.21.
(4) It is an oxidizer as defined in 49
CFR 173.151.
(b) A solid waste that exhibits the
characteristic of ignitability, but is not
listed as a hazardous waste in Subpart
D, has the EPA Hazardous Waste
Number of D001.
§ 261.22 Characteristic of corrosivity.
(a) A solid waste exhibits the
characteristic of corrosivity if a
representative sample of the waste has
either of the following properties:
(1) It is aqueous and has a pH less •
than or equal to 2 or greater than or
equal to 12.5, as determined by a pH
meter using either the test method
specified in the "Test Methods for the
Evaluation of Solid Waste, Physical/
Chemical Methods" * (also described in
"Methods for Analysis of Water and
Wastes" EPA 600/4-79-020, March
1979), or an equivalent test method
approved by the Administrator under
the procedures set forth in § § 260.20 and
260.21.
(2) It is a liquid and corrodes steel
(SAE1020) at a rate greater than 6.35
mm (0.250 inch) per year at a test
temperature of 55°C (130°F) as
determined by the test method specified
in NACE (National Association of.
Corrosion Engineers) Standard TM-01-
69 3 as standardized in "Test Methods
for the Evaluation of Solid Waste,
Physical/Chemical Methods," or an
equivalent test method approved by the
Administrator under the procedures set
forth in § § 260.20 and 260.21.
(b) A solid waste that exhibits the
characteristic of corrosivity, but is not
listed as a hazardous waste in Subpart
D, has the EPA Hazardous Waste
Number of D002.
'ASTM Standards are available from ASTM.
1916 Race Street, Philadelphia. PA 18103.
'This document is available from Solid Waste
Information. U.S. Environmental Protection Agency,
26 W. St. Clair Street. Cincinnati. Ohio 45268.
'The NACE Standard is available from the
National Association of Corrosion Engineers, P.O.
Box 986, Katy, Texas 77450.
29
-------
APPENDIX A (Continued)
Characteristics of Hazardous Wastes (Concluded)
§ 261.23 Characteristic of reactivity.
(a) A solid waste exhibits the
characteristic of reactivity if a
representative sample of the waste has
any of the following properties:
(1) It is normally unstable and readily
undergoes violent change without
detonating.
(2) It reacts violently with water.
(3) It forms potentially explosive
mixtures with water.
(4) When mixed with water, it
generates toxic gases, vapors or fumes
in a quantity sufficient to present a
danger to human health or the
environment.
(5) It is a cyanide or sulfide bearing
waste which, when exposed to pH
conditions between 2 and 12.5, can
generate, toxic gases, vapors or fumes in
a quantity sufficient to present a danger
to human health or the environment
(6) It is capable of detonation or
explosive reaction if it is subjected to a
strong initiating source or if heated
under confinement.
(7) It is readily capable of detonation
or explosive decomposition or reaction
at standard temperature and pressure.
(8) It is a forbidden explosive as
defined in 49 CFR 173.51. or a Class A
explosive as defined in 49 CFR 173.53 or
a Class B explosive as defined in 49 CFR
173.88.
(b] A solid waste that exhibits the
characteristic of reactivity, but is not
listed as a hazardous waste in Subpart
D,.has the EPA Hazardous Waste
Number of D003.
§ 261.24 Characteristic of EP Toxlcity.
(a) A solid waste exhibits the
characteristic of EP toxicity if, using the
test methods described in Appendix II
or equivalent methods approved by the
Administrator under the procedures set
forth in §§ 260.20 and 260.21, the extract
from a representative sample of the
waste contains any of the contaminants
listed in Table I at a concentration equal
to or greater than the respective value
given in that Table. Where the waste
contains less than 0.5 percent filterable
solids, the waste itself, after filtering, is
considered to be the extract for the
purposes of this section.
(b) A solid waste that exhibits the
characteristic of EP toxicity, but is not
listed as a hazardous waste in Subpart
D, has the EPA Hazardous Waste
Number specified in Table I which
corresponds to the toxic contaminant
causing it to be hazardous.
Table I.—Maximum Concentration of
Contaminant* for Characteristic of EP Toxicity—
Continued
EPA
hauntou*
wast*
number
Contaminant
Maximum
concentration
(milligram*
perktor)
0004..
D005_
O006_
D007..
O008_
8enum._
Chromium...
Lead..
D010..
COn-
DO^..
0013..
D014_
D015..
D018_
D017..
Mercury —
Endnn (1,2.3.4,10.10-
hexachloro* 1.7-epoxy-
1.4.4a.5.6,7.8.8a-
octahydro-1,4-endo, endo-
5,8-dimethano naphthalene.
LJndane (1,2.3.4,5,8-
hexachlorccydoriexan*,
gamma isomer.
Metho-ycWor (1,1.1-
Trichloro-2.2-b« [p.
metho-yphenytlethone).
To«phene (C,#,JO*
Technical chhxmated
camphene. 67-69 percent
chlorine).
2,4-0. (2.4-
Dtervtofophenoxyacetic
add).
. 2.4,5-TP S-v«x (2.4.5-
Tnchkxopr«noxypro(>lonle
•cid).
5.0
100.0
1.0
5.0
5.0
0.2
1.0
5.0
0.02
0.4
10.0
0.5
10.0
1.0
30
-------
APPENDIX A (Continued)
General. 'Standards
§ 265.13 General waste analysis.
(a)(l) Before an owner or operator
treats, stores, or disposes of any
hazardous waste, he must obtain a
detailed chemical and physical analysis
of a representative sample of the waste.
At a minimum, this analysis must
contain all the information which must
be known to treat, store, or dispose of
the waste in accordance with the
requirements of this Part.
(2) The analysis may include data
developed under Part 261 of this
Chapter, and existing published or
documented data on the hazardous
waste or on waste generated from
similar processes.
[Comment: For example, the facility's
record of analyses performed on the
wasta before the effective date of these
regulations, or studies conducted on
hazardous waste generated from
processes similar to that which
generated the waste to be managed at
th
-------
APPENDIX A (Continued)
Facility-Specific Requirements
Subpart K—Surface Impoundments
Subpart L—Waste Piles
§ 265.225 Waste analysis and trial tests.
(a) In addition to the waste analyses
required by § 265.13, whenever a surface
impoundment is to be used to:
(1) Chemically treat a hazardous
waste which is substantially different
from waste previously treated in that
impoundment; or
(2) Chemically treat hazardous waste
with a substantially different process
than any previously used in that
impoundment; the owner or operator
must, before treating the different waste
or using the different process:
(i) Conduct waste analyses and trial
treatment tests (e.g., bench scale or pilot
plant scale tests); or
(ii) Obtain written, documented
information on similar treatment of
similar waste under similar operating
conditions; to show that this treatment
will comply with § 265.17(b).
[Comment: As required by § 285.13, the
waste analysis plan must include
analyses needed to comply with
§§ 265.229 and 265.230. As required by
§ 265.73, the owner or operator must
place tha results from each waste
analysis and trial test, or the
documented information, in the
operating record of the facility.]
§ 265.229 Special requirements for
ignitabie or reactive waste.
(a) Ignitabie or reactive waste must
not be placed in a surface impoundment,
unless:
(1) The waste is treated, rendered, or
mixed before or immediately after
placement in the impoundment so that
(i) the resulting waste, mixture, or
dissolution of material no longer meets
the definition of ignitabie or reactive
waste under §§ 261.21 or 261.23 of this
Chapter, and (ii) § 265.17{b) is complied
with; or
(2) The surface impoundment is used
solely for emergencies.
§ 265.230 Special requirements for
incompatible wastes.
Incompatible wastes, or incompatible
wastes and materials, (see Appendix V
for examples) must not be placed in the
..same surface impoundment, unless
§ 265.17(b) is complied with.
§ 265.252 Waste analysis.
In addition to the waste analyses
required by § 265.13, the owner or
operator must analyze a representative
sample of waste from each incoming
movement before adding the waste to
any existing pile, unless (1) the only
wastes the facility receives which arc
amenable to piling are compatible with
each other, or (2) the waste received is
compatible with the waste in the pile to
which it is to be added. The analysis
conducted must be capable of
differentiating between the types of
hazardous waste the owner or operator
places in piles, so that mixing of
incompatible waste does not
inadvertently occur. The analysis must
include a visual comparison of color and
texture.
{Comment: As required by § 265.13, the
waste analysis plan must include
analyses needed to comply with
§§ 2G5.256 and 265.257. As required by
§ 265.73, the owner or operator must
place the results of this analysis in the
operating record of the facility.]
§ 265.256 Special requirements for
ignitabie or reactive waste.
(a) Igr.ituble or reactive wastes must
not be placed in a pile, unless:
(1) Addition of the waste to an
existing pile (i) results in the waste or
mixture no longer meeting the definition
of ignitabie or reactive waste under
§§ 261.21 or 201.23 of this Chapter, and
(ii) complies with § 265.17(b); or
(2) The waste is managed in such a
way that it is protected from any
ma tonal or conditions which may cause
it to ignite or react.
§ 265.257 Special requirements for
Incompatible wastes.
(a) Incompatible wastes, or
incompatible wastes and materials, (see
Appendix V for examples) must not be
placed in the same pile, unless
§ 265.17(b) is complied with.
(b) A pile of hazardous waste that is
incompatible with any waste or other
material stored nearby in other
containers, piles, open tanks, or surface
impoundments must be separated from
the other materials, or protected from
them by means of a dike, berm, wall, or
other device.
[Comment: The purpose of this is to
prevent fires, explosions, gaseous
emissions, leaching, or other discharge
of hazardous waste or hazardous waste
constituents which could result from the
contact or mixing of incompatible
wastes or materials.]
(c) Hazardous waste must not be piled
on the same area where incompatible
wastes or materials were previously
piled, unless that area has b ;en |
decontaminated sufficiently to ensure "
compliance with § 265.17(b).
32
-------
APPENDIX A (Continued)
Facility-Specific Requirements (Continued)
Subpart M—Land Treatment
§ 265.273 Waste analysis.
In addition to the waste analyses
required by § 265.13, before placing a
hazardous waste in or on a land
treatment facility, the owner or operator
must:
(a) Determine the concentrations in
the waste of any substances which
exceed the maximum concentrations
contained in Table I of § 261.24 of this
Chapter that cause a waste to exhibit
the EP toxicity characteristic;
(b) For any waste listed in Part 261,
Subpart D, of this Chapter, determine
the concentrations of any substances
which caused the waste to be listed as a
hazardous waste; and
(c) If food chain crops are grown,
determine the concentrations in the
waste of each of the following
constituents: arsenic, cadmium, lead,
and mercury, unless the owner or
operator has written, documented, data
that show that the constituent is not
present.
[Comment: Part 261 of this Chapter
specifies the substances for which a
waste is listed as a hazardous waste. As
required by § 265.13, the waste analysis
plan must include analyses needed to
comply with §§ 265.281 and 265:282. As
required by § 265.73, the owner or
operator must place the results from
each waste analysis, or the documented
information, in the operating record of
the facility.]
§ 265.280 Closure and poet-closure.
(a) In the closure plan under § 265.112
and the post-closure plan under
§ 265.118. the owner or opcralor must
address the following objectives and
indicate how they will be achieved:
(1) Control of the migration of
hazardous waste and hazardous waste
conslituents from the treated area into
the ground water;
(2} Control of the release of
contaminated run-off from the facility
into surface water;
(3) Control of the release of airborne
particulate contaminants caused by
wind erosion; and
(4) Compliance with § 265.276
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 and hazardous waste constituents
applied to the land treatment facility;
(2) The mobility and the expected rate
of migration of the hazardous waste and
hazardous wasto constituents;
§ 265.231 Special requirements for
Ignltablc or reactive waste.
Ignitabie or reactive wastes must not
be land treated, unless the waste is
immediately incorporated into the soil
so that (1) the resulting waste, mixture,
or dissolution of material no longer
meets the definition tif ignitable or
reactive waste under §§ 201.21 or 281.23
of this Chapter, and (2) § 205.17(b) is
complied with.
§ 265.282 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
§ 265.17(b) is complied with.
33
-------
APPENDIX A (Continued)
Facility-Specific Requirements (Continued)
Subpart N—Landfills
Subpart O—Incinerators
§ 265.310 Closure and post-closure.
(a) The owner or operator must place
a final cover over the landfill, and the
closure plan under § 265.112 must
specify the function and design of the
cover. In the post-closure plan under
§ 265.118, the owner or operator must
include the post-closure care
requirements of paragraph (d) of this
Section.
(b) In the closure and post-closure
plans, the owner or operator mast
address the following objectives and
indicate how they will be achieved:
(1) Control of pollutant migration from
the facility via ground water, surface
water, and air;
(2) Control of surface water
infiltration, including prevention of
pooling; and
(3) Prevention of erosion.
(c) The owner or operator must
consider at least the following factors in
addressing the closure and post-closure
care objectives of paragraph (b) of this
Section:
, (1) Type and amount of hazardous
wasteland hazardous waste constituents
in the landfill:
(2) The mobility and the expected rate
of migration of the hazardous waste and
hazardous waste constituents;
§ 265.314 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 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; or
(2) Before disposal, the liquid waste or
waste containing free liquids is treated
or stabilized, chemically or physically
(e.g., by mixing with an absorbent solid),
so that free liquids are no longer
present.
(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.
(c) The date for compliance with this
Section is 12 months after the effective
date of this Part.
§ 265.345 Waste analysis.
In addition to the waste analyses
required by § 265.13. the owner or
operator must sufficiently analyze any
waste which he has not previously
burned in his incinerator to enable him
to establish steady state (normal)
operating conditions (including waste
and auxiliary fuel feed and air flow) and
to determine the type of pollutants
which might be emitted. At a minimum,
the analysis must determine:
(a) Heating value of the waste;
(b) Halogen content and sulfur content
in the waste; and
(c) Concentrations in the waste of
lead and mercury, unless the owner or'
operator has written, documented data
that show that the element is not
present.
[Comment: As required by § 265.73, the
owner or operator must place the results
from each waste analysis, or the
documented information, in the
operating record of the facility.)
§ 265.312 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 (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) § 265.17(b)
is complied with.
§265.313 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 § 265.17(b) is
complied with.
34
-------
APPENDIX A (Concluded)
Facility-Specific Requirements (Concluded)
Subpart P—Thermal Treatment
Subpart Q—Chemical, Physical, and
Biological Treatment
§265.375 Waste analysis.
In addition to the waste analyses
required by § 265.13, the owner or
operator must sufficiently analyze any
waste which he has not previously
treated in his thermal process to enable
him to establish steady state (normal) or
other appropriate (for a non-continuous
process) operating conditions (including
waste and auxiliary fuel feed) and to
determine the type of pollutants which
might be emitted. At a minimum, the
analysis must determine:
(a) Heating value of the waste;
(b) Halogen content and sulfur content
in the was e; and
(c) Concentrations in the waste of
lead and mercury, unless the owner or
operator has written, documented data
that show that the element is not
present.
(Comment: As required by § 265.73, the
owner or operator must place the results
from each waste analysis, or the
documented information, in the
operating record of the facility.]
§ 265.402 Waste analysis and trial tests.
(a) In addition to the waste analysis
required by § 265.13, whenever:
(1) A hazardous waste which is
substantially different from waste
previously treated in a treatment
process or equipment at the facility is to
be treated in that process or equipment,
or
(2) A substantially different process
than any previously used at the facility
is to be used to chemically treat .
hazardous waste;
the owner or operator must, before
treating the different waste or using the
different process or equipment:
(i) Conduct waste analyses and trial
treatment tests (e.g., bench scale or pilot
plant scale tests); or
(ii) Obtain written, documented
information on similar treatment of
similar waste under similar operating
conditions;
to show that this proposed treatment
will meet all applicable requirements of
§ 205.401 (a) and (b).
[Comment: As required by § 265.13. the
waste analysis plan must include
analyses needed to comply with
§§ 265.405 and 265.406. As required by
§ 265.73, the owner or operator must
place the results from each waste
analysis and trial test, or the
documented information, in the
operating record of the facility.]
§ 265.406 Special requirements for
Incompatible wastes.
(a) Incompatible wastes, or
incompatible wastes and materials, (see
Appendix V for examples) must not be
placed in the same treatment process or
equipment, unless § 265.17(b) is
complied with.
(b) Hazardous waste must not be
placed in unwashed treatment
equipment which previously held an
incompatible waste or material, unless
§ 265.17(b) is complied with.
§ 265.405 Special requirements for
Ignltable or reactive waste.
(a) Ignitable or.reactive waste must
not be placed in a treatment process or
equipment unless:
(1) The waste is treated, rendered, or
mixed before or immediately after
placement in the treatment process or
equipment so that (i) the resulting waste,
mixture, or dissolution of material no
longer meets the definition of ignitable
or reactive waste under § 261.21 or
261.23 or this Chapter, and (ii)
§ 265.17(b) is complied with; or (2) The
waste is treated in such a way that it is
protected from any material or
conditions which may cause the waste
to ignite or react.
35
-------
B. PLANS AND RECORDKEEPING
CHAPTER 2--CONTINGENCY PLANS
Part 265, Subpart D
1.0 INTRODUCTION
Section 3004(5) of the Resource Conservation and Recovery Act
(RCRA), 42 USC 6924(5), requires the Environmental Protection Agency
to establish regulations concerning contingency plans. Each owner
or operator of a waste management facility must have a contingency
plan designed to minimize hazards to human health and the environ-
ment from fires, explosions, or any unplanned sudden or non-sudden
release of hazardous waste or waste constituents to air, soil, or
surface water. Accordingly, "Contingency Plan and Emergency
Procedures" regulations were promulgated on May 19, 1980 as Subpart D
of 40 CFR 264 and 40 CFR 265. These regulations become effective
six months after promulgation, or November 19, 1980. Subpart D of
Part 264 applies to all facilities issued an operating permit under
those regulations while Subpart D of Part 265 applies to all existing
facilities during the interim status period. Text of the regulations
is given in Appendix A.
Each facility must have a contingency plan by November 19, 1980.
EPA will review a facility's contingency plan in two circumstances:
when it is submitted with Part B of the permit application, and
when the facility is inspected during interim status. Such an
inspection may be triggered by a report of an emergency incident under
§265.56(j). If the plan is found to be deficient, EPA may take
enforcement action for failure to comply with interim status standards
or may require the plan to be upgraded to correct any deficiencies.
37
-------
(The regulations also require the owner or operator to review and
amend the plan when it fails in an emergency.)
This chapter is intended to provide guidance to EPA regional
personnel responsible for reviewing contingency plans for hazardous
waste management facilities. Accordingly, in the following sections
the purpose and implementation of the plan are discussed as are plan
content and organization. Administrative requirements are reviewed
and the relationship to Spill Prevention, Control, and Countermeasure
(SPCC) Plans is examined.
To assist in providing guidance, a number of exhibits have been
developed in the form of suggested outlines or tables. Other
material is provided in the form of examples which supplement or
clarify important areas of the regulations.
1.1 Key Definitions and Concepts
A contingency plan is a document which sets out an organized,
planned and coordinated course of action to be followed in case of
a fire, explosion, or release of hazardous waste or its hazardous
constituents which could threaten human health or the environment.
The concept of a contingency plan as provided in this definition is
that of a written document which outlines a course of action to
take in an emergency. In preparing such a document, care has to
be taken to anticipate the various types of emergencies that could
arise in waste handling and to plan appropriate responses. Emergencies
38
-------
can be caused by sudden (acute) events, as in the case of an explosion
or sudden release, or by non-sudden events, such as the discovery of
a slowly leaking valve. Both types of incident must be considered.
The contingency plan should include responses to threats both
internal and external to the facility, although the primary
responsibility for workplace health and safety lies with the
Occupational Safety and Health Administration (OSHA) of the Department
of Labor. OSHA does not have standards specific to hazardous
waste treatment, storage, or disposal operations; however, its
general Industry Standards (29 CFR 1910.1000 et seq.) would apply.
These standards require engineering controls to limit worker
exposure to hazardous and toxic materials to the extent that it
is feasible. Other requirements include designation of restricted
areas, use of respirators and protective clothing, and medical
surveillance.
A hazardous waste facility includes all contiguous land and
structures, other appurtenances, and improvements on the land used
for treating, storing, or disposing of hazardous waste. A facility
may consist of several treatment, storage, or disposal operational
units (e.g., one or more landfills, surface impoundments, or com-
binations of them).
The facility emergency coordinator is the person designated by
the facility owner or operator to be responsible for coordinating
response and recovery activities at the facility during emergency
39
-------
situations in accordance with the contingency plan. The regulations
require the coordinator to be identified in the plan by name. A
facility could have several emergency coordinators, but one of them
must be present or on-call at all times. The actions to be taken
by the coordinator following discovery of an emergency are also to
be incorporated into the plan.
A spill is defined as any unplanned and uncontrolled discharge
or release of hazardous waste onto or into the air, land, or surface
water. This definition applies to both solid and liquid waste.
Because spills upon land and water are both dealt with, the scope
of the contingency plan is broader than that of a SPCC plan required
under the Clean Water Act. The relationship of the contingency plan
to a SPCC plan is discussed in Section 4.0 of this document.
1.2 Emergency Training
Although the contingency plan provides a plan of action during
and following an emergency situation, training is necessary to ensure
that the correct actions are taken before and during the emergency.
Section 265.16 requires that facility personnel successfully complete
a program of classroom instruction or on-the-job training that
teaches them to perform their duties in a way that ensures the
facility's compliance with the regulations. The training must
include procedures relevant to the positions in which individuals
are employed so that they are able to respond effectively to
emergencies and are familiar with emergency procedures, emergency
40
-------
equipment, and emergency systems. Personnel must complete the
training program within six months of the effective date of the regu-
lations (i.e., by 19 May 1981) or within six months after the date
of their employment or assignment to a facility or to a new position
at a facility, whichever is later. Facility personnel must take
part in an annual review of the initial training.
In addition to the training given to all personnel, the
designated emergency coordinator and the alternate coordinators
should receive specialized training for this role. This should
include information on the duties required of the emergency coordina-
tor, administration of the contingency plan, and potential toxic
effects of the wastes. The emergency coordinator is required to
make important decisions at the time of an emergency, and he must
know in advance what the role entails.
A crew of employees should be specially trained to assist the
emergency coordinator. They would be required to deal with the
situation, as opposed to regular personnel who would evacuate an
area rather than assist in the fire-fighting, for instance. The
emergency crew would carry out the clean-up procedures. It should
be constituted so that it is complete on each shift.
41
-------
2.0 ELEMENTS OF THE PLAN
As described In 40 CFR 265.52, the contingency plan must detail
the actions facility personnel are to take in the event of a fire,
explosion, or any unplanned sudden or non-sudden release of hazardous
waste or waste constituents to air, soil, or surface water at the
facility. At a minimum, the plan should map out general strategies
to deal with both sudden and non-sudden events. Such strategies
should involve outlining a series of steps to be taken in response
to an incident and should include decision points where outside
assistance may be required and the circumstances under which evacua-
tion of the facility is advisable (acute incident only). The
strategies should further identify the equipment and materials to
be used during a response and the safety precautions (e.g., protec-
tive clothing and breathing apparatus) necessary to protect the
health of emergency response personnel.
Specifically, the plan must contain elements which address the
following:
• Designation of facility personnel who are to act as
primary and alternate emergency coordinators
• Emergency procedures to be undertaken by the emergency
coordinator and the facility owner or operator:
- Immediately upon discovery of an emergency,
- During the emergency control phase, and
- Immediately following attainment of control.
• Location, description and capabilities of all emergency
equipment at the facility
42
-------
Response arrangements agreed to by local and State
public health and safety agencies, as well as private
contractors and health care providers
Facility evacuation procedures, where appropriate.
43
-------
3.0 SUGGESTED CONTINGENCY PLAN CONTENT AND ORGANIZATION
This chapter considers both plan content and organization.
While the regulations address plan content, they make no mention of
format. However, because the organization of the plan can be a
factor in determining its utility during an emergency situation, a
suggested format has been developed and is presented in Exhibit 1.
3.1 Facility Identification and General Information
The first section of the plan is intended to provide pertinent
information concerning the hazardous waste facility in a concise
fashion. All of the information suggested could be included on a
single sheet or in list form with the exception of the site plan and
the description of treatment, storage and disposal activities.
The site plan should identify and show the location of all
structures at the facility, and indicate site topography and the
internal and external roadway networks with all site access points
noted. Adjacent land uses and water bodies within one mile beyond
the property boundary should be identified as well as any pipelines,
sewers or other utilities which might be affected by a fire, explo-
sion, or release.
The description of the facility operations should be relatively
short but should include information on the types of waste handled,
any State or local limitations on the amounts of these materials,
and the capacities of various waste storage or disposal sites at the
facility Ce.g., impoundments, landfills, or storage tanks). The
44
-------
EXHIBIT 1
SUGGESTED OUTLINE
HAZARDOUS WASTE MANAGEMENT FACILITY CONTINGENCY PLAN
1. Facility Identification and General Information
1. Name of Facility
2. Location
3. Name, Address, and Telephone Numbers (office and hours)
4. Name, Title, Address, and Telephone Number (office and
hours) of Primary Emergency Coordinator and alternates
5. Type of Facility
6. Facility Site Plan
7. Description of Treatment, Storage and Disposal Activities
2. Emergency Coordinator(s)
1. Primary Coordinator
2. Alternate Coordinator(s)
3. Emergency Duties and Authority to Commit Facility Resources
3. Implementation of the Contingency Plan
4. Emergency Response Procedures
1. Notification
2. Control and Containment
3. Follow-up
5- Emergency Equipment
1. Emergency Equipment Inventory
2. Location of Emergency Equipment
3. Equipment Capabilities
4. Emergency Equipment Available from Other Sources
6. Coordination Agreements
1. Police
2. Fire
3. Other Emergency Response Units
4. Hospital
45
-------
EXHIBIT 1 (Concluded)
7. Evacuation Plan
1. When to Evacuate
2. Signals to Begin Evacuation
3. Primary Evacuation Routes
4. Alternate Evacuation Routes
8. Required Reports
1. Notification of Compliance Before Resuming Operations
Following Incident
2. Report on the Incident
46
-------
reason for inclusion of this information is to allow for a quick
estimate of the quantity of hazardous waste potentially involved
in a release, fire, explosion or other incident.
Essentially all of the above information is required in order
to complete Part A of a RCRA permit application. It should be easy
to transfer this information to the contingency plan.
3.2 Emergency Coordinator(s)
The regulations require the contingency plan to list names,
addresses and phone numbers (office and home) of all persons quali-
fied to act as emergency coordinator. Where more than one person
is listed, a primary coordinator must be designated with all others
listed as alternate coordinators in the order in which they would
assume responsibility.
This section of the plan should also include the coordinator's
duties and a statement authorizing him to commit the necessary
resources to carry out the plan. This could include calling upon
private contractors to provide cleanup services or emergency equip-
ment and, thus, would represent a financial commitment for the
facility's management.
3.3 Implementation of the Contingency Plan
The decision to implement the contingency plan depends upon
whether or not an imminent or actual incident could threaten human
health or the environment. The purpose of this section is to provide
guidance to the emergency coordinator in making this decision by
providing decision-making criteria. Examples are provided in Exhibit 2.
47
-------
EXHIBIT 2
EXAMPLE CONTINGENCY PLAN IMPLEMENTATION CRITERIA
The Contingency Plan must be implemented if an imminent or
actual incident could threaten the environment or human health.
Spills
• The spill could result in release of flammable liquids
or vapors creating a fire or gas explosion hazard.
• The spill could cause the release of toxic liquids or
fumes.
• The spill can be contained on-site but the potential
exists for groundwater pollution due to aquifer
contamination.
• The spill cannot be contained on-site resulting in
off-site soil contamination and/or ground or surface
water pollution.
Fires
• The fire could cause the release of toxic fumes.
• If the fire spreads, it could ignite materials at other
locations at the site or cause heat-induced explosions.
• The fire could spread to off-site areas.
• Use of water or water and chemical fire suppressent could
result in contaminated run-off.
Explosions
• An Imminent danger exists that an explosion could occur,
resulting in a safety hazard due to flying fragments
or shock waves.
• An imminent danger exists that an explosion could
ignite other hazardous waste at the facility.
• An imminent danger exists that an explosion could result
in release of toxic material.
• An explosion has occurred,
48
-------
3.4 Emergency Response Procedures
3.4.1 Actions to be Taken by the Emergency Coordinator
The emergency coordinator is required to take a series of
actions 1) immediately upon discovery of an emergency, 2) during
the emergency control phase, and 3) immediately following attainment
of control. In the plan, these procedures should be summarized in
list form, an example of which is provided as Exhibit 3. This list
should also direct the Emergency Coordinator or other personnel to
other portions of the plan for reference to telephone numbers, co-
ordination agreements, and detailed procedures.
Whether or not the checklist approach is used, the emergency
procedures should be included in the plan. For this reason, they
are discussed below in the context of their purposes and relationship
to plan content.
Immediately upon discovery of an imminent or actual emergency,
the emergency coordinator must:
• Activate internal facility alarms or communications
systems to notify all facility personnel
• Notify appropriate State or local agencies with
designated response roles if their help is neeeded
In any imminent or actual emergency situation, the first duty of
the facility emergency coordinator is to warn the operating person-
nel, since they are likely to be the first group exposed to danger.
Secondly, appropriate State or local emergency response agencies
should be called in If, in the judgment of the emergency coordinator,
49
-------
EXHIBIT 3
SAMPLE EMERGENCY PROCEDURES CHECKLIST
IMMEDIATELY UPON DISCOVERY OF AN IMMINENT OR ACTUAL EMERGENCY,
THE EMERGENCY COORDINATOR MUST:
1. Active the internal alarm system to notify facility
personnel.
- Are all personnel accounted for?
- Are there any injuries?
2. Notify State or local agencies with designated or
site response roles if their help is needed.
- Can facility personnel control the emergency?
* Emergency Response Phone Numbers Page
3. Notify EPA On-Scene Coordinator or National Response
Center of incident.
* Emergency Response Phone Numbers Page
4. Identify character, exact source, amount and
extent of any released material.
- Is facility evacuation necessary?
* Identification of Hazardous Materials Appendix _
* Facility Evacuation Plan Page
5. Assess hazards to the environment and human health.
6. Determine if evacuation of local area is advisable.
If so, notify local authorities.
- Will prevailing winds carry toxic fumes toward
populated areas?
- Is explosion likely?
50
-------
EXHIBIT 3 (Concluded)
DURING THE EMERGENCY CONTROL PHASE, THE EMERGENCY COORDINATOR MUST:
7. Take measures to ensure the incident does not recur
or spread to other hazardous waste at the facility.
Shut down operations if necessary.
* Emergency Response Measures Page
8. Monitor equipment for leaks, pressure buildup or other
potential problems if operations are shut down.
FOLLOWING ATTAINMENT OF CONTROL, THE EMERGENCY COORDINATOR MUST:
9. Provide for treating, storing or disposing of recovered
waste, contaminated soil, surface water or other
material resulting from the discharge.
* Decontamination and Cleanup Page
10. Ensure that cleanup procedures are completed and
emergency equipment is fit for use before resuming
operations in affected areas.
* Decontamination and Cleanup Page
11. Notify EPA, State and local officials before resuming
operation.
12. Submit written report on the incident to EPA's Regional
Administrator.
51
-------
their assistance is needed to cope with the emergency, either inside
or outside the facility.
The type and location of the facility's communication equipment,
where required, must be specified in the plan as well as the response
roles of State and local agencies. Telephone numbers or other means
of quick communication with these agencies should be presented in a
list for quick reference.
In the event of a release, fire or explosion, the emergency
coordinator must:
• Identify the character, exact source, amount and
extent of any released materials
• Assess possible hazards to the environment and human
health that may result from the release, fire, or
explosion
The regulations state that identification of the discharged material
may be accomplished through observation, review of facility manifests,
and, if necessary, by chemical analysis, although response should
not be delayed until the analysis is complete. This information is
necessary for an assessment of both direct and indirect effects of
the release, fire, or explosion as required by the regulations.
Examples of these effects include generation of toxic, irritating,
or asphyxiating gases and harm to surface water from water or
chemical agents used to control fire and heat-induced explosions.
Information on the toxic effects of hazardous waste or the
effects of reaction of this waste with other materials during an
incident could be included as an appendix. Such information would
52
-------
clearly help in assessing direct and indirect effects as well as
suggesting the most environmentally sound way of reacting to the
incident. The emergency coordinator should be familiar with this
information.
If the release, fire or explosion could threaten the environ-
ment or human health outside the facility, the emergency coordinator
must report his findings as follows:
• If his assessment indicates that evacuation of local
areas may be advisable, he must immediately notify
appropriate local authorities. He must be available
to help appropriate officials decide whether local
areas should be evacuated.
• He must immediately notify either the government
official designated as the on-scene coordinator for
that geographical area (in the applicable regional
contingency plan under 40 CFR Part 1510), or the
National Response Center (using their 24-hour toll
free number 800/424-8802). The report must include:
- name and telephone number of reporter;
- name and address of facility;
- time and type of incident (e.g., discharge, fire);
- name and quantity of material(s) involved, to
the extent known;
- the extent of injuries, if any; and
- the possible hazards to the environment and human
health outside the facility.
During the emergency, the emergency coordinator must take all
reasonable steps necessary to ensure that explosions and release
do not occur, recur, or spread to other hazardous waste at the
facility. These steps must include, where applicable, stopping
53
-------
processes and operations, collecting and containing released waste,
and removing or isolating containers. If the facility stops
operations in response to a fire, explosion, or release, the emergency
coordinator must monitor for leaks, pressure buildup, gas generation,
or ruptures in valves, pipes, or other equipment, wherever this is
appropriate.
The specific measures to be taken in the event of a. fire, explo-
sion or release should be indicated in the plan elements dealing with
spill control and associated incidents. Details should be provided
concerning the types of on-site emergency equipment to be used and
the need for personnel protection. Examples of the above are provided
in the sample contingency plan (Appendix B).
Immediately after an emergency, the emergency coordinator must:
• Provide for treating, storing, or disposing of recovered
waste, contaminated soil or surface water, or any other
material that results from a release, fire or explosion
at the facility. The recovered material must be handled
as a hazardous waste unless it is analyzed and determined
not to be, using the procedures specified in 40 CFR 261,
Subpart C.
• Ensure that in the affected area(s) of the facility:
- no waste that may be incompatible with the released
material is treated, stored, or disposed of until
cleanup procedures are completed; and
- all emergency equipment listed in the contingency
plan is cleaned and fit for its intended use before
operations are resumed.
54
-------
.It is suggested that cleanup procedures be included as part of
the spill control element or plan elements dealing with fires, explo-
sions or other discharges. This section of the plan should specify
methods to be used for treating, storing or disposing of recovered
waste, contaminated soil or surface water, or other materials that
result from a hazardous waste incident. Examples of such measures
are provided in Appendix B in the sample contingency plan. Where
there is a possibility that recovered waste or contaminated materials
will require off-site treatment or disposal, facilities available to
provide such services should be identified.
3.4.2 Level of Response
The appropriate level of response to a particular incident is
largely a matter of professional judgment. However, the full range
of response methods to be employed in a variety of potential situa-
tions, as well as the equipment to be used and the potential need to
call upon ouside organizations to provide assistance, can be anticipated
and, thus, should be outlined as emergency response procedures. The
level of detail appropriate for these response procedures is dependent
upon a number of factors including:
• The type of waste handling employed and the necessity
of suspending operation or diverting waste flows during
the emergency.
• The potential for fires, explosions, or releases to
spread to other hazardous waste at the facility.
• The immediate health and safety effect of the incident
upon facility personnel.
• The potential hazard to the outside environment and
public health.
55
-------
Where the potential hazard presented by an incident is low and reme-
dial measures are readily implemented the procedures can be simply
and briefly discussed. Two simplified examples, one for a landfill
or drum storage fire and the other for a tank, surface impoundment
or basin spill, are presented as Exhibits 4 and 5. The emergency
response procedures listed in a typical contingency plan would detail
control techniques for the types of waste likely to be involved.
3.5 Emergency Equipment
Section 265.52(e) of the regulations specifies that the plan
include a list of all equipment at the facility. In addition, the
location of this equipment is to be noted and a physical description
of each item on the list is to be provided along with a brief outline
of equipment capabilities. Emergency equipment will vary from
facility to facility, but must include the following unless none of
the hazards posed by waste handled at the facility could require the
equipment's use:
• An internal communications or alarm system capable of pro-
viding immediate emergency instruction (voice or signal)
to facility personnel.
• A device capable of summoning external emergency assistance
from local police departments, fire departments, or state
or local emergency response teams, such as a telephone
(immediately available at the scene of operations) or a
hand-held two-way radio.
• Portable fire extinguishers, fire control equipment (includ-
ing special extinguishing equipment, such as that using
foam, inert gas, or dry chemicals), spill control equipment
(oil booms, skimming equipment, sorbent materials) and
decontamination equipment (solvent soaps, oil baths).
56
-------
EXHIBIT 4
EMERGENCY RESPONSE PROCEDURES
LANDFILL OR OUTSIDE DRUM STORAGE FIRE
1. Determine what is on fire by location, drum label, inventory,
log or other means.
2. Determine if persons are endangered by the fire or if the fire
could spread to other wastes.
3. Evacuate all endangered persons. In case of release of toxic
gases or where there is potential for explosion, determine if
off-site evacuation is advisable.
4. Define the limits of the fire. Estimate the potential dangers
due to location with respect to other wastes in the immediate
vicinity. Call the local fire department if they may be needed.
5. Determine the best and safest approach to the fire taking into
consideration not only the type of fire but also the direction
of flame, spread, the wind direction, the potential dangers and
any physical limitations.
6. Fire fighting personnel are to wear full protective clothing
and breathing apparatus as is appropriate.
7. Firefighting should be done at a maximum allowable distance
staying upwind and from a protected location, if possible.
8. All fires shall be dealt with using fog protection (i.e., water
spray). Small fires such as a single barrel fire can be approached
with portable extinguishers, dirt or sand to extinguish flames
by smothering.
9. All large fires will require fog line protection with approaches
made behind heavy equipment (e.g., front end loader) to smother
fire and protect personnel.
10. Extra caution is to be taken with containerized material fires
for signs of rupture or explosion due to heat releasing hot
liquids, flammable vapors or poisonous gases.
11. After fire, clean up affected areas. Runoff from water used in
firefighting should be treated as a hazardous waste and disposed
of properly.
12. Clean up all fire fighting equipment and return it to its original
location in a state of readiness.
57
-------
EXHIBIT 5
EMERGENCY RESPONSE PROCEDURES:
TANK OR SURFACE IMPOUNDMENT SPILLS
1. Determine source of spill and stop all flows to the tank or
impoundment involved.
2. Identify the waste material spilled and determine the hazards
involved in terms of potential for fire, hazardous gas release,
corrosion, explosion and water pollution.
3. Evacuate all endangered or unnecessary personnel. In case of
the release of toxic or flammable gases, determine if off-site
evacuation is advisable. Remove nearby wastes that may be
incompatible with the spilled material.
4. All spill response personnel are to wear protective equipment
including respirators and are to stay upwind of the spill to
the extent that is is possible.
5. Contain the spill to the smallest area possible. Examples of
equipment available for spill containment are sawdust, shovels,
and bulldozers.
6. After the spill is contained, treat the spill with neutralizing
agents to lessen risks of fire, corrosion, explosion or other
hazards. Apply non-reactive sorbent materials.
7. If spilt material reaches a water body, apply measures outlined
in Spill Prevention, Control and Countermeasures Plan.
8. Decontaminate area affected by spill by removal of spilled and
sorbent materials and contaminated soil.
9. Clean up, restore or replace spill response equipment, and
returns it to its original location.
58
-------
• Water at adequate volume and pressure to supply water hose
streams, foam producing equipment, automatic sprinklers,
or water spray systems.
One way to satisfy the requirement to .specify equipment would
be to provide a site plan (i.e., map) of the facility on which equip-
ment locations and types are clearly noted as shown in Appendix B.
3.6 Coordination Agreements
Section 265.52(c) requires that the plan describe emergency
assistance arrangements agreed to by local police and fire departments,
emergency response teams, hospitals, and service and equipment con-
tractors. These should detail what assistance is given and by whom.
As outlined in Section 265.37, these agreements must include:
• Arrangements to familiarize police, fire departments,
and emergency response teams with the layout of the
facility, properties of hazardous waste handled at the
facility and associated hazards, places where facility
personnel would normally be working, entrances to roads
inside the facility, and possible evacuation routes.
• Where more than one police and fire deparment might
respond to an emergency, agreements designating primary
emergency authority to a specific police and a specific
fire department, and agreements with any others to pro-
vide support to the primary emergency authority.
• Agreements with state emergency response teams, emergency
response contractors, and equipment suppliers.
• Arrangements to familiarize local hospitals with the
properties of hazardous waste handled at the facility
and the types of injuries or illnesses which could result
from fires, explosions, or releases at the facility.
The number and extent of these arrangements are conditioned by the
type of waste handled at the facility and the potential need for
these services as well as the willingness and ability to state and
local authorities to provide assistance.
59
-------
Where either state or local authorities decline to enter into
such arrangements, the owner or operator is required to document the
refusal in writing and place the documentation in the operating record.
3.7 Evacuation Plan
The facility personnel evacuation plan is to be an element of
the contingency plan and is required to describe the signal(s) to be
used to begin evacuation, evacuation routes, and alternate evacuation
routes. Where no possibility exists that facility evacuation could
ever be necessary, this plan element may be omitted. However, where
it is included, it is suggested that criteria be listed upon which
an evacuation decision could be based, as shown in Exhibit 6.
3.8 Required Reports
Within 15 days after an incident requiring implementation of the
contingency plan, the owner or operator of the facility must submit a
written report on the incident to the EPA Regional Administrator.
The report must include:
• Name, address, and telephone number of the owner or operator
• Name, address, and telephone number of the facility
• Date, time, and type of incident (e.g., fire, explosion)
• Name and quantity of material(s) involved
• The extent of injuries, if any
• An assessment of actual or potential hazards to human health
or the environment, where this is applicable
• Estimated quantity and disposition of recovered material that
resulted from the incident.
60
-------
EXHIBIT 6
EXAMPLE FACILITY EVACUATION CRITERIA
In the event that a hazardous waste incident would pose an
imminent threat to personnel health, life or safety, the Emergency
Coordinator will evacuate the facility or portions of the facility
most directly affected by the incident. If evacuation is called for,
the Emergency Coordinator will advise local public safety agencies
of the potential threat to persons residing in the vicinity of the
facility.
Situations which would warrant partial or complete evacuation
of the facility are as follows:
• Explosions resulting in airborne debris including
container fragments and hazardous waste.
- minimum safe distance from flying fragments is
2000 feet.
• Spills or chemical reactions resulting in highly toxic
- evacuate all personnel not equipped with appropriate
protective gear and breathing devices.
- suggest evacuation of persons living downwind of
the facility.
• Fire when it cannot be contained and is spreading to
other parts of the facility; or when fire could
generate highly toxic fumes.
- evacuate immediate area; if potential exists for
heat induced explosions evacuate area 2000 feet
in all directions from the fire.
• All incidents where necessary protective equipment is
not available to emergency response personnel.
61
-------
4.0 RELATIONSHIP OF SPCC AND CONTINGENCY PLANS
4.1 Comparison of Approaches
Any hazardous waste facility which, due to its location, could
reasonably be expected to discharge oil of any kind or form into
navigable waters or adjoining shoreline is required to have a Spill
Prevention, Control and Countermeasure (SPCC) Plan. General guide-
lines for preparing an SPCC plan are provided in 40 CFR Part 112.
These same facilities, operating under interim status, are also
required to have a contingency plan in accordance with 40 CFR Part
265 as discussed in this document.
During the comment period on the RCRA regulations, it was
suggested that the SPCC plan could serve as a substitute for the
contingency plan. This suggestion was considered and rejected
because of differences in the objectives and orientations of the
plans. The principal objective of the SPCC plan is the prevention
of surface water pollution resulting from the discharge of oil into
navigable waters of the United States. This is a much more narrow
focus than that of the RCRA contingency plan, which considers the
discharge of all hazardous waste not only into surface waters but
also upon the land, into the air, and into ground waters.
The orientations of the plans differ in that the SPCC plan
places emphasis on spill prevention. Measures to be included in
the plan call for inspection, testing and preventive maintenance
programs for storage and transfer equipment. While incident
62
-------
prevention is also an objective of the RCRA regulations (40 CFR 265,
Subpart C), it is not an element of the contingency plan, which is
exclusively oriented to incident response. Therefore, only the
emergency response elements of the SPCC Plan overlap the RCRA
Contingency Plan.
4.2 Amendment of SPCC Plans
The RCRA regulations [40 CFR 265.52(b)] provide for the
merging of the contingency plan with an existing SPCC plan through
amendment of the latter. Where other types of emergency plans
exist, these also may be amended through the addition of hazardous
waste material handling provisions. Where the owner or operator
chooses the options of merging these plans, all contingency plan
requirements contained in the regulations must be met.
63
-------
5.0 SUGGESTED REFERENCE MATERIAL
The following references provide background information on
hazardous materials and contingency planning.
Maryland State Water Resources Administration. 1977. Maryland
State Oil Spill Contingency Plan, 2nd edition. Annapolis, Maryland.
National Fire Protection Association. 1977. Flammable and
Combustible Liquid Code 1977. Boston, Massachusetts.
National Fire Protection Association. 1978. Fire Protection Guide
on Hazardous Materials. 7th edition. Boston, Massachusetts.
Rice University et al. Oil Spill Prevention, Control and Counter-
measure Plan Review. Washington, D.C., Environmental Protection
Agency.
U.S. Department of Transportation. 1978. Emergency Action Guide
for Selected Hazardous Materials. Washington, D.C.
Zayic, J.B. and W.A. Himmelman. 1978. Highly Hazardous Material
Spills and Emergency Planning. New York, Marcel Dekker, Inc., 1978.
64
-------
APPENDIX A
INTERIM STATUS STANDARDS FOR
CONTINGENCY PLAN AND EMERGENCY PROCEDURES
Subpart O—Contingency-Plan and
Emergency Procedures
§265.50 Applicability.
The regulations in this Subpart apply
to owners and operators of all
hazardous waste facilities, except as
! 265.1 provides otherwise.
$ 265.51 Purpose and Implementation of
contingency plan.
•(a) Each owner or operator must have
a contingency plan for his facility. The
contingency plan must be designed to
minimize hazards to human health or
the environment from fires, explosions,.
or any unplanned sudden or non-sudden
release of hazardous waste or
hazardous waste constituents to air,
soil, or surface water.
(b) The provisions of the plan must be
carried out immediately whenever there
is a fire, explosion, or release of
hazardous waste or hazardous waste
constituents which could threaten
human health or the environment.
§ 265.52 Content of contingency plan.
(a) The contingency plan must
describe the actions facility personnel
must take to comply with f § 265.51 and
265.56 in response to fires, explosions, or
any unplanned sudden or non-sudden
release of hazardous waste or
hazardous waste constituents to air,
soil, or surface water at the facility.
(b) If the owner or operator has
already prepared a Spill Prevention,
Control, and Countermeasures (SPCC)
Plan in accordance with Part 112 or Part
151 of this Chapter, or some other
emergency or contingency plan, he need
only amend that plan to incorporate
hazardous waste management
provisions that are sufficient to comply
with the requirements of this Part.
(c) The plan must describe
arrangements agreed to by local police
departments, fire departments,
hospitals, contractors, and State and
local emergency response teams to
coordinate emergency services, pursuant
to 8265.37.
(d) The plan must list names,
addresses, and phone numbers (office
and home) of all persons qualified to act
as emergency coordinator (see S 265.55),
and this list must be kept up to date.
Where more than one person is listed,
one must be named as primary
emergency coordinator and others must
be listed in the order in which they will
assume responsibility as alternates.
(e) The plan must include a list of all
emergency equipment at the facility
(such as fire extinguishing systems, spill
control equipment, communications and
alarm systems (internal and external),
and decontamination equipment), where
this equipment is required. This list must
be kept up to date. In addition, the plan
must include the location and a physical
description of each item on the list, and
a brief outline of its capabilities.
(f) The plan must include an
evacuation plan for facility personnel
where there is a possibility that
'evacuation could be necessary. This
plan must describe signal(s) to be used
to begin evacuation, evacuation routes,
and alternate evacuation routes (in
cases where the primary routes could be
blocked by releases of hazardous waste
or fires).
§ 265.53 Copies of contingency plan.
A cppy of the contingency plan and all
revisions to the plan must be:
(a) Maintained at the facility; and
(b) Submitted to all local police
departments, fire departments,
hospitals, and State and local
emergency response teams that may be
called upon to provide emergency
services.
§26534 Amendment of contingency plan.
The contingency plan must be
reviewed, and immediately amended, if
necessary, whenever:
(a) Applicable regulations are revised;
(b) The plan fails in an emergency;
(c) The facility changes—in its design,
construction, operation, maintenance, or
other circumstances—in a way that
materially increases the potential for
fires, explosions, or releases of
hazardous waste or hazardous waste
constituents, or changes the response
necessary in an emergency;
(d) The list of emergency coordinators
changes, or
(e) The list of emergency equipment
changes.
65
-------
§ 265.55 Emergency coordinator.
At aR times, there must be at least one
employee either on the facility premises
or on call (i.e., available to respond to
an emergency by reaching the facility
within a short period of time) with the
responsibility for coordinating all
emergency response measures. This
emergency coordinator must be
thoroughly familiar with all aspects of
the facility's contingency plan, all
operations and activities at the facility,
the location and characteristics of waste.
handled, the location of all records
within the facility, and the facility
layout. In addition, this person must
have the authority to commit the
resources needed to carry out the
contingency plan.
[Comment: The emergency coordinator's
responsibilities are more fully spelled
out in S 265.56. Applicable
responsibilities for the emergency
coordinator vary, depending on factors
such as type and variety of waste(s)
handled by the facility, and type and
complexity of the facility.]
{ 265.56 Emergency procedures.
(a) Whenever there is an imminent or
actual emergency situation, the
emergency coordinator (or his designee
when the emergency coordinator is on
call) must immediately:
(1) Activate internal facility alarms or
communication systems, where
applicable, to notify all facility
personnel; and
(2) Notify appropriate State or local
agencies with designated response roles
if their help is needed.
(b) Whenever there is a release, fire,
or explosion, the emergency coordinator
must immediately identify the character,
exact source, amount, and a real extent
of any released materials. He may do
this by observation or review of facility
records or manifests and, if necessary,
by chemical analysis.
(c) Concurrently, the emergency
coordinator must assess possible
hazards to human health or the
environment that may result from the
release, fire, or explosion. This
assessment must consider both direct
and indirect effects of the release, fire,
or explosion (e.g., the effects of any
toxic, irritating, or asphyxiating gases
that are generated, or the effects of any
hazardous surface water run-offs from
water or chemical agents used to control
fire and heat-induced explosions).
(d) If the emergency coordinator
determines that the facility has had a
release, fire, "or explosion which could
threaten human health, or the
environment, outside the facilit;, he
must report his findings as follows:
(1) If his assessment indicates that
evacuation of local areas may be
advisable, he must immediately notify
appropriate local authorities. He must
be available to help appropriate officials
decide whether local areas-should be
evacuated; and
(2) He must immediately notify either
the government official designated as
the on-scene coordinator for that
geographical area (in the applicable
regional contingency plan under Part
1510 of this Title), or the National
Response Center (using their 24-hour toll
free number 800/424-8802). The report
must include:
(i) Name and telephone number of
reporter;
(ii) Name and address of facility;
(iii) Tune and type of incident (e.g.,
release, fire);
(iv) Name and quantity of material(s)
involved, to the extent known;
(v) The extent of injuries, if any; and
(vi) The possible hazards to human
health, or the environment, outside the
facility.
(e) During an emergency, the
emergency coordinator must take all
reasonable measures necessary to
ensure that fires, explosions, and
releases flo not occur, recur, or spread to
other hazardous waste at the facility.
These measures must include, where
applicable, stopping processes and
operations, collecting and containing
released waste, and removing or
isolating containers.
(f) If the facility stops operations in
response to a fire, explosion or release,
the emergency coordinator must monitor
for leaks, pressure buildup, gas
generation, or ruptures in valves, pipes,
or other equipment, wherever this is
appropriate.
(g) Immediately after an emergency,
the emergency coordinator must provide
for treating, storing, or disposing of
recovered waste, contaminated soil or
surface water, or any other material that
results from a release, fire, or explosion
at the facility.
66
-------
[Comment: Unless the owner or operator
can demonstrate, in accordance with
§ 261.3(c) or (d) of this Chapter, that the
recovered material is not a hazardous
waste, the owner or operator becomes a
generator of hazardous waste and must
manage it in accordance with all
applicable requirements of Parts 282,
263, and 265 of this Chapter.]
(h) The emergency coordinator must
ensure that, in the affected area(s) of the
facility:
(1) No waste that may be '
incompatible with the released material
is treated, stored, or disposed of until
cleanup procedures are completed; and
(2) All emergency equipment listed hi
the contingency plan is cleaned and fit
for its intended use before operations
are resumed.
(i) The owner or operator must notify
the Regional Administrator, and
appropriate State and local authorities,
that the facility is in compliance with
paragraph (h) of this Section before
operations are resumed in the affected
area(s) of the facility.
fj) The owner or operator must note in
the operating record the time, date, and
details of any incident that requires
implementing the contingency plan.
Within IS days after the incident he
must submit a written report on the
incident to the Regional Administrator.
The report must include:
(1) Name, address, and telephone
number of the owner or operator,
(2) Name, address, and telephone
number of the facility,
(3) Date, time, and type of Incident
(e.g., fire, explosion);
(4) Name and quantity of materials)
involved;
(5) The extent of injuries, if any;
(6) An assessment of actual or
potential hazards to human health or the
environment where this is applicable;
and
(7] Estimated quantity and disposition
of recovered material that resulted from
the incident
67
-------
APPENDIX B
CLEAN ENVIRONS HAZARDOUS WASTE FACILITY
CONTINGENCY PLAN
This contingency plan is submitted in compliance with 40 CFR 265.
It contains eight parts:
1. General information
2. Emergency coordinators
3. Implementation of the contingency plan
4. Emergency response procedures
5. Emergency equipment
6. Coordination agreements
7. Evacuation plan
8. Required reports
1. General Information
• Name: Clean Environs Hazardous Waste Facility
• Location: 1984 Dismal Boulevard, Nature Valley, NJ 08265.
• Operator: Dan N. Dearthy, 123 Tobacco Road, Nature Valley,
NJ 08265. Tel. (201) 265-5000 (office), (201)
265-1234 (home).
• Emergency Coordinators:
- Fred Gordon, 456 Contingency Lane, Nature Valley, NJ
08265, Tel. (201) 265-5000 (office), (201) 265-1234
(home)
- John Daire, 789 Evacuation Route, Nature Valley, NJ
08265, Tel. (201) 265-5000 (office), (201) 265-1234,
(home)
• Type of facility: depot for collection, treatment, and
disposal of cyanide wastes from electro-
plating shops
68
-------
• Facility site plan: see diagram on next page
• Description of activities (see permit application for
more detailed description):
- wastewater containing cyanides is collected once a
week by tank truck from approximately 20 electro-
plating shops and transferred to one of three 25,000
gallon storage tanks, depending on concentration
- the wastes are treated with sodium hydroxide and
chlorine gas
- the treated wastes (sodium cyanate, bicarbonate, and
chloride) are stored in the containment pond and
discharged gradually to the Lost River when flow
conditions are suitable.
2. Emer gency Coordinators
• Principal: Fred Gordon, 456 Contingency Lane, Nature
Valley, NJ 08265, Tel. 265-5000 (office),
265-1234 (home)
• Alternate: John Daire, 789 Evacuation Route, Nature
Valley, NJ 08265, Tel. 265-5000 (office),
265-1234 (home)
• The emergency coordinators can deputize other employees
to assist them in the event of an emergency.
• The emergency coordinator serves as chief of the emer-
gency crew, which is complete on each operating shift.
These personnel have received intensive additional
emergency training above regular plant emergency training.
• One of the coordinators is always "on call", i.e., can
be reached by telephone or a radio "beeper".
3. Implementation of the Contingency Plan
The contingency plan will be implemented if an incident might
threaten human health or the environment. The emergency coordinator
has full authority to make this decision. Depending upon the degree
of seriousness, the following potential emergencies might call for
the implementation of the contingency plan:
69
-------
MOGUL
PETROLEUM
GASOLINE
STORAGE
DEPOT
Administration
Building
*o
PITY HOSPITAL
AND
NURSING HOME
DISMAL BOULEVARD
* - telephone
o - alarm box
6 • fire hydrant
FIGURE 1
SITE PLAN FOR
CLEAN ENVIRONS HAZARDOUS WASTE FACILITY
70
-------
. • Overturning of tank truck carrying electroplating
waste and spillage of the waste on public roadway
• On-site spillage of electroplating waste during
transfer, storage, or treatment
• Formation and release of hydrogen cyanide gas
• Spillage of sodium hydroxide solution or release of
chlorine gas.
4. Emergency Response Procedures
• Notification
- Any employee discovering a fire or hazardous release
that is not readily controllable with equipment and
materials at hand must activate the emergency alarm
system and contact the emergency coordinator and the
Nature Valley Fire Department.
- All employees hearing the alarm must close down and
secure their equipment and proceed immediately to
the administration building to await further instructions
from the emergency coordinator.
- The emergency coordinator will assess the situation
and notify the appropriate parties identified in
Section 6.
- The emergency coordinator will call the National
Response Center (800-424-8802) and report the incident.
The report will include the following:
* name and telephone number of the reporter
* name and address of this facility
* time and type of incident (e.g., spill occured
at 3:30 pm)
* identification and quantity of materials involved (e.g.
50 gallons of electroplating waste in tank area)
* the extent of injuries (e.g., no injuries)
* the possible hazards to the environment and human
health outside the facility (e.g., possible con-
tamination of ground water)
71
-------
- The emergency coordinator or one of his deputies
will conduct a roll call for all employees who have
signed in to determine whether any employees are
trapped in the affected area.
• Containment and Control
- The emergency coordinator will take all necessary
measures to contain the hazard within the depot
and to prevent its spread to other nearby facilities,
with the assistance of emergency personnel assigned
by the various parties contacted.
- In case of a spill, absorbant material will be placed
on the spill. The small bulldozer will be used for
scraping the contaminated soil, which will be con-
sidered to be hazardous waste unless analysis shows
otherwise.
- In case of a release of cyanide or chlorine gas, the
alarm system will sound two short blasts. Operators
must carry gas masks on their persons at all times
while in the treatment plant. Additional gas masks
are available in the guard shack, administration building,
machine shop, and equipment shop. . The facility will
be evacuated.
- The emergency coordinator will employ one or more of
the following measures to ensure maximum protection
of the safety and health of employees and nearby resi-
dents: use of appropriate protection equipment, dismiss
all nonessential personnel, and advise the Mayor of
Nature Valley on the desirability of evacuating certain
sections of the town.
• Followup Actions
- Following containment and control of the emergency,
the emergency coordinator will provide for collection,
treatment, and disposal of the waste and contaminated
soil, water, or other materials by the emergency crew
or outside contractor, as appropriate.
- The emergency coordinator will ensure that all emer-
gency equipment is restored to full operational status
by the emergency crew.
- The emergency coordinator, assisted by two other
qualified persons, will investigate the cause of
the emergency and will take steps to prevent a
recurrence of such or similar incidents.
72
-------
- The emergency coordinator will make sure that the
cause of the emergency has been eliminated and that
cleanup and restoration have progressed at least
to the point of not jeopardising the health and safety
of the employees, and that EPA, state, and local
authorities have been notified, before permitting
resumption of the operations affected by the emergency.
5. Emergency Equipment
• Each working area is equipped with a chemical fire
extinguisher, a supply of spill absorbing material,
and a shower and eye fountain to wash off personal
spills.
• The facility is equipped with six fire hydrants with
special hoses and nozzles to permit washing down of
small spills.
• A small bulldozer is available for maintaining the
waste pond and for removing soil contaminated by a
hazardous waste spill.
• The storage shed contains a large supply of absorbent
material, shovels, and other cleanup equipment.
• The administration building houses a small first
aid station as well as breathing apparatus (e.g., Scott
Air Packs) and protective clothing.
• A safe container in the guard shack holds an inventory,
updated at the end of each working day, of the contents
of all storage and processing tanks and ponds, as well
as a copy of this contingency plan.
• The facility is equipped with an alarm system that can
be activated from and is audible in each working area,
as is indicated on the site diagram.
• The telephone numbers of the principal and alternate
emergency coordinators, the Nature Valley Fire and
Police Departments and the ambulance unit at Pity
Hospital, are displayed prominently near all the
telephones shown on the site diagram.
• Each tank truck is equipped with a two-way radio
that keeps the driver in contact with the dispatcher
in the administration building to alert the authorities
promptly of any mishaps.
73
-------
• The Mogul Petroleum depot across Swamp Road has a small
fire truck that would be available to combat a small
fire at the facility.
• The Nature Valley Fire Department, five miles east on
Dismal Boulevard, has two fire-fighting trucks and
can call on additional apparatus from the neighboring
town of Golden Meadow.
• The Pity Hospital, next door, has two ambulances, one
of which is maintained in good working order.
6. Coordination Agreements
• Nature Valley Fire Department (Tel. 265-3456):
- the NVFD has received a copy of the contingency plan
- the NVFD will inspect the facility twice a year and
will check out emergency equipment
- the NVFD personnel have received a special briefing
on handling of cyanide waste spills
- the NVFD has identified sources of additional support
for emergencies beyond its own capabilities.
• Nature Valley Police Department (Tel. 265-7890):
- the NVPD has received a copy of the contingency plan
- the NVPD personnel have received a special briefing
on the hazards of cyanide waste spills and have worked
out evacuation routes and procedures.
• Pity Hospital (Tel. 265-5678)*:
- Pity Hospital personnel have received a special
briefing on the health hazards of cyanide waste
and on treatment for exposure
*Pity Hospital has also filled action with the Board of
Zoning Appeals to revoke Clean Environs' special operating
permit as a hazard to the safety of their patients.
74
-------
• Nature Valley Mayor's Office (Tel. 265-1234):
- the Mayor or his deputy will decide on whether and
when to evacuate residents from neighboring sections
of town.
• Mogul Petroleum Depot (Tel. 265-9012):
- Mogul Petroleum Co. and the Clean Environs Hazardous
Waste Facility have exchanged copies of their contingency
plans and made provisions to assist one another in the
event of an emergency at either facility.
- Mogul Petroleum personnel have received a special
briefing on the hazards of exposure to cyanide waste.
• National Response Center (Tel. 800-424-8802):
- the National Response Center in Washington has been
contacted to obtain guidance on handling of cyanide
waste spills and to verify notification procedures.
• EPA On-Scene Coordinator (Tel. 212-265-1234):
- the EPA OSC has been contacted to verify the
procedures for notification on activation of
the state or national response teams.
7. Evacuation Plan
• Facility personnel will be evacuated if the emergency
coordinator decides that their personel safety is in
danger.
• If evacuation is necessary, the facility alarm system
will be activated, resulting in a long screech.
• Evacuation will take place through the main gate to
Dismal Boulevard.
• If this gate is blocked for any reason, evacuation
will take place through the auxiliary gate, which is
usually kept locked, onto Swamp Road. All emergency
crew members have this key.
8. Required Reports
• The operator will notify the EPA regional administrator
and appropriate state and local authorities that the
followup actions have been implemented.
75
-------
The operator will note in the operating record the
time, date, and details of any incident that requires
implementation of the contingency plan and will sub-
mit a written report on the incident to the EPA
regional administrator in accordance with 40 CFR
265.56CJ).
The emergency coordinator will revise this contingency
plan in accordance with the experience acquired during
each emergency situation and will send copies of the
revisions to each holder of the original plan
76
-------
B. PLANS AND RECORDKEEPING
CHAPTER 3--GROUND-WATER ASSESSMENT PLANS
Part 265, Subpart F, §265.93
1.0 INTRODUCTION
Within one year of the effective date of the Interim Status
Standards (i.e., by November 18, 1981), owners or operators of a
surface impoundment, landfill or land treatment facility must prepare
an outline for conduct of a ground-water quality assessment program
(40 CFR 265.93; see Appendix A). The measures outlined in the
assessment program would be carried out if the basic ground-water
monitoring program (basic program), also specified in the standards
(40 CFR 265.91; 265.92), indicates that the facility may be affecting
ground-water quality. The assessment program can be implemented
directly when the owner or operator knows or suspects that the
facility is a contamination source. The basic program is designed
to detect the appearance of contamination while the assessment
program pre-supposes a pollution source and is designed to evaluate
the chemical nature, extent and rate of movement of such pollution.
The purpose of this document is to illustrate the tasks which
would be likely elements of an outline for an assessment program.
These tasks include expanded monitor-well installation, more detailed
chemical testing, and possibly surface water sampling and analysis.
Specific technical procedures needed to accomplish each task (e.g.,
well construction techniques, methods for calculating contaminant
migration rate, etc.) are not presented here because numerous other
documents are available which adequately cover hydrogeological
field analysis. The most applicable is the upcoming "Permit Writer's
Manual" (Technical Permit Writer's Guidance Manual for Ground-
77
-------
Water Monitoring Systems at Hazardous Waste Treatment, Storage
and Disposal Facilities). Technical personnel should be aware
of other EPA reports such as the "Procedures Manual for Ground-Water
Monitoring at Solid Waste Disposal Facilities" (U.S. EPA, 1977), the
ground-water sampling report by Dunlap et al. (1977), and the General
Electric TEMPO series on ground-water monitoring (e.g., Everett et al.,
1976). The U.S. Geological Survey has conducted a wide range of studies
employing techniques appropriate to hazardous waste investigations
(e.g., Zohdy et al., 1974; Wood, 1976; Konikow and Bredehoeft, 1978).
Professional journals, such as Groundwater (published by the National
Water Well Association) and Environmental Science and Technology (published
by the American Chemical Society), and current textbooks, such as those
by Bouwer (1978) and Freeze and Cherry (1979), are also excellent
sources. See Section 4 for complete references.
78
-------
2.0 GROUND-WATER QUALITY ASSESSMENT PROGRAM COMPONENTS
The principal goals of a ground-water quality assessment program,
based on the interim status standards (Section 265.93 (d) (A); Appendix
A), are to establish:
• "The rate and extent of migration of the hazardous waste or
hazardous waste constituents in the ground-water; and
• The concentrations of the hazardous waste or hazardous waste
constituents in the ground-water."
Each of these major issues can be examined in three phases:
• The treatment of the issue within the basic ground-water
monitoring program;
• Areas where the basic program is inadequate;
• Examples of a more comprehensive assessment program.
The differences between a basic program and an assessment program are
highlighted in Table 1.
.
Except for the source of contamination, the assessment program
would be, in principal, very similar to most routine hydrogeological
impact assessments. These studies are fully discussed in the technical
literature (see for example, Todd and McNulty, 1974 and Freeze and Cherry,
1979). Whereas the interim status standards define specific components
in the basic program, only overall goals are set for the assessment program.
This approach allows maximum flexibility for solving contamination issues.
The specific components of the assessment program will be selected,
therefore, based on the professional judgement of the geologist or hydro-
geologist performing each individual site analysis.
79
-------
TAHLH 1
COMPARISONS BETOKEN A BASIC GROUND-WATER MONITORING PROGRAM
AND A GROUND-WATER QUALITY ASSESSMENT FKOCRAM
Component* of the fciaic
ground-water Monitoring
program
Limitation* of tho trade progra
onco contamination I* detected
Pavsiblo component* of a more
comprrhitnalve acaeavmant program*
Determine th« apread at
contamination
1. inatall monitoring vtllti
• at l«i*C three,
"hydraulically downgradi-
ent — at the limit of the
waat* management area."
• It l«»»t one,
"hydraullcally upgradient
from eh* Halt of the
weata management arc."
Identify th« typea of
contaminants pr«»enc
2. analyse aamplea for thr««
principal groupi:
• "paraiactrt eharietw-
Uiag tho ouitability of
th* groumI>Mt*r «• a
drinking wear tupnly"
(prloary naxinun eoa-
taninane l»v«l»)t
• "paraaatar* Mtabliahing
gromd-viatar quality"
(eWorld*, iron,
•anganaM. phanol*, (odium,
. Mlfata)
« "param«c«im u»«d aa
Indicator* of ground-
vatar contamination."
(pR, apaelfle conduc-
tanea, total organic
carbon, total organic
haloganl
l.a act* a* • warning (yttta only;
lnada()uata for tracing eontami-
aanta dovntradiant
l.b as surface water sampling la
2.a many hatardoua uaata conatl-
tuanta ar* not dlractly
Idaacifltd in th* baalc
program
2.b aampllng fraquaaey nay ba
inaufflelant for dataetlng
chaagaa In contamlnatad
ground watara
l.a.l conduct prallminary teraanlng of trand
of contamlnatad ground-water by:
• ihillow boring*; temporary probing
of ahallow ground-vatar
a electrical raalatlvlty and other
geophysical or remote aurveya
l.a.2 expand monitoring network within
th« facility boundaries and paaalbly
beyond thoae boundarlea
l.a.3 increaae number of well neata (locatlona
with multiple level ground-water moni-
toring point*)
l.a.* Include aampllng of nearby water auppliea
l.a.5 quantify volume* of ground-water flow
ualng field and/or laboratory teata
l.b.l conduct aanpllng of local turface water*
which receive ground-water discharge
Z.a.l expand analytical achcme to include elemenca
of the EPA Hat of Priority Pollutanta
CFlnnigan ac *!., 1979; Keith and Tell lard,
1979). e.g.,
31 putgcablo organlco
46 beae/neutral oxtractable organic
confound*
11 acid extractable organic coopoundo
26 pe*tleldea/?CB'«
13 metal*
cyanide, aabestoa, pheoola
2.a.2 expand analytical scheme to include thoae
hasardou* waate constituent* not on the
EPA llat of Priority Pollutanta
2.a.3 employ advanced analytical technique* for
parameter Identification/quantification
(Flnnegan at al., 1979; Keith and Telllard,
1979). e.g..
• gaa chronacography or gaa/llquid
ehromatography for acreening
* gaa ehromatogcaphy/maa* apectroaetry for
full apeetrum Identification and
quantification of organic constituent*
2.b.l Increase saapling frequency baaed on plume
movement, environmental hazard potential and
probable timing of pollution abatement
meaauraa
•Thl* it • litt of torn* of the major ground-water aaanament program eompontnta. Sot all programa will contain all componmta; (oat will include
component* which are not on thl* U«t. The ptmit-wrlter* manual will contain a oore detailed treatment of the technical procedurea to be employed
in ground-water aaatttment prograaa.
tCoda of Tederal Regulation*. Title 40, Pact 141
80
-------
Most of the principal components of a ground-water assessment
program are shown in Table 1, though site-specific characteristics may
necessitate other technical approaches. Whereas the basic program
includes wells at the limit of the waste management area, an assessment
program could include a series of wells further downgradient and,
possibly, greater numbers of multi-level well "nests." Organic contam-
inants which are analyzed through gross indicators (e.g., using total
organic carbon and total organic halogen tests) in the basic program
might be more completely determined for example, through gas chromato-
graphy or gas chromatography/mass spectrometry.
81
-------
3.0 EXAMPLE OF GROUND-WATER ASSESSMENT PROGRAM IMPLEMENTATION
In the hypothetical setting shown in Figure 1, ground-water
samples from one downgradient well (number 3) showed a statistically
significant increase in organic indicator parameters (total organic
carbon and total organic halogen). These results were confirmed by
duplicate sampling and testing. To trace the spread of contamination,
as the first step in the ground-water quality assessment program, an
additional line of downgradient wells was installed (numbers 5 through
10).
Water samples were taken from all new and old wells. A screening
for organic constituents was performed using gas chromatography. The
work showed that three wells (numbers 3, 7 and 8) contained elevated
levels of purgeable (volatile) organics while the others (numbers 1,
2, 4, 5, 6, 9, and 10) were not contaminated. Gas chromatography/mass
spectrometry was then used for analysis of samples from the three
contaminated wells. Benzene and toluene were identified as the principal
pollutants from the wells. Wells number 7 and 8 produced ground-waters
of much lower concentrations than the original contaminated well
(number 3), suggesting that the edge of the leachate plume was not far
from the second line of wells.
To further define the spread of the plume, two additional well sites
(numbers 11 and 12) were developed closer to the river. Since the river
receives ground-water discharge and the unconsolidated aquifer bordering
the river thickens at this point, "nested" wells were drilled. Each
82
-------
River
O2
O4
f
HWMF
a i
Basic monitoring program
7/ -- N8
5O 6O (• 9\ O9 O10
3 I
• JQ4
2Q
HWMF
f
direction of
regional
ground-water
flow
a i
b. Assessment progj.dui
HWMF
o
a
hazardous waste management facility
downgradient well
upgradient well
@ "nested" wells (2 wells per site)
9 well taps contaminated
ground-water
edge of leachate plume
FIGURE 1
HYPOTHETICAL MONITOR WELL CONFIGURATIONS
USED FOR GROUND-WATER CONTAMINATION ANALYSIS
83
-------
nest contained two wells; one screened near the watertable and one
screened at greater depth in the saturated zone. None of the nested
wells produced contaminated ground-waters, indicating that the leachate
plume had not yet reached the area.
The ground-water assessment program successfully determined the
spread of contamination. The decision-making process illustrated in
this example is shown schematically in Figure 2.
84
-------
BASIC GROUND-WATER
MONITORING PROGRAM
Install Wells
1 Through 4
Conduct Background
Monitoring
6 Well f/3 Shows ^V
itistically Significant j
Increase In Organics I
\
[
Repeat Chemical
Tests On Well 3
\
f
Well #3 Shows ^V
[Statistically Significant!
Increase In Organics I
Initiate
Ground-Water
Assessment Program
II Analytical Step
(""") Results of Analysis
GC = gas chromatography
GC/MS - gas chromatography/mass
spectrometry
EXPANDED GROUND-WATER
QUALITY ASSESSMENT PROGRAM
Install Wells
5 Through 10
I
Perform GC
Organic Screening
On All Well Samples
\
1
Wells 3,7, and 8
Show Elevated Levels
Of Furgeable Organics
I
Perform GC/MS
Analysis On Samples
From Wells 3,7 and 8
I
High Levels Of Benzene
And Toluene Noted In
Wells 3,7 and 8
Install Well
Nests 11 And 12
Test Samples
From Well Nests 11 And
12 For Benzene And
Toluene
No Contamination
Noted
FIGURE 2
DECISION STEPS IN GROUND-WATER CONTAMINATION
ANALYSIS: AN EXAMPLE
85
-------
4.0 REFERENCES CITED
Bouwer, H., 1978. Groundwater Hydrology. McGraw-Hill Book
Company, New York, New York.
Dunlap, W.J., J.F. McNabb, M.R. Scalf and R.L. Cosby, 1977. Sampling
for Organic Chemicals and Microorganisms in the Subsurface.
U.S. Environmental Protection Agency 600/2-77-276.
Everett, L.G., K.D. Schmidt, R.M. Tinlin and D.K. Todd, 1976.
Monitoring Groundwater Quality: Methods and Costs. U.S.
Environmental Protection Agency 600/4-76/023.
Finnigan, R.E., D.W. Hoyt and D.E. Smith, 1979. Priority Pollutants -
Cost - Effective Analysis. Environmental Science and Technology
13(5): 534-541.
Freeze, R.A. and J.A. Cherry, 1979. Groundwater. Prentice Hall,
Inc., Englewood Cliffs, New Jersey.
Keith, L.H. and W.A. Telliard, 1979. Priority Pollutants - a
Perspective View. Environmental Science and Technology.
13(4): 416-423.
Konikow, L.F. and J.D. Bredehoeft, 1978. Computer Model of Two-
Dimensional Solute Transport and Dispersion in Ground Water.
U.S. Geological Survey Techniques of Water Resources Investiga-
tions, book 7, chapter C2.
Todd, D.K. and D.E. McNulty, 1974. Polluted Groundwater: A Review
of the Significant Literature. U.S. Environmental Protection
Agency 600/4-74-001.
Todd, D.K., R.M. Tinlin, K.D. Schmidt and L.G. Everett, 1976. Moni-
toring Groundwater Quality, Monitoring Methodology. U.S.
Environmental Protection Agency 600/4-76-026.
U.S. Environmental Protection Agency, 1977. Procedures Manual for
Ground Water Monitoring at Solid Waste Disposal Facilities.
530/SW-611.
Wood, W.W., 1976. Guidelines for Collection and Field Analysis of
Ground-Water Samples for Selected Unstable Constituents. U.S.
Geological Survey Techniques of Water Resources Investigation
book 1, chapter D2.
Zohdy, A.A.R.; G.P. Eaton and D.R. Mabey, 1974. Application of
Surface Geophysics to Ground-Water Investigations. U.S. Geolo-
gical Survey, Techniques of Water-Resources Investigations
book 2, chapter Dl.
86
-------
APPENDIX A
INTERIM STATUS STANDARDS FOR
GROUND-WATER QUALITY ASSESSMENT PROGRAMS
{ 265.93 Preparation, evaluation, arid
response.
(a) Within one year after the effective
date of these regulations, the owner or
operator must prepare an out.'tnf of a
ground-water quality assessment
program. The outline must describe a
more comprehensive ground-water
monitoring |>ro£r;j.-;i (than that described
in 55 265.91 and 205.92) capable of
determining:
(1) Whether hazardous waste or
'hazardous waste constituents have
entered the ground water
(2) The rate and extent of migration of
hazardous ivasie or hazardous waste
constituents in the ground water: and
(3) The concentrations of hazardous
waste or ha?nrdous waste constituents
in the ground water.
((>) For each indicator parameter
specified in J :05.oa(b)(3). the owner or
operator must calculate the arithmetic
moan and variance, based on at least
four replicate measurements on each
simple, for each well monitored in
accordance with 5 2C5.<)2(d)(2). and
compare thrsc results with its initial
liockprour.il arithmetic mean. The
comparison must r.on jri.'ions for Ibc
uf'Xttitliriit wells made unJcr paragraph
(b) of this Seclkin show a significant
increase (or pi i li.'cii'asi'). tiio owner or
opriut.vr IIIHSI <.uKT.it this mfurniation in
aci:orJ.mre With 5 J>." i;(a)(2)(ii).
t'2) 1) the coi'ijuris'iiiH for
t/ti\\rv't."^itjrit v\olis made under
pun iir.iph (')) of Itus Section shoiv a
significant incni.ise (or pll increase).
the owner or operator must then
immediately obtain additional ground-
water samples f:om those downgradiunt
wr.lls where a significant difference was
detected, split the samples in two. and
obtain analyses of all additional
f arr.plps to determine wncther the
significant difference was a result of
laboratory error.
(d)ll) If the analyses performed ur.der
paragraph (c)U) o.' this Section confirm
the significant increase (or pff
decrease), the owner or operator must
provide written notice to the Regional
Administrator—within seven dsys of the
date of such confirmation—that the
facility may be affecting ground-water
quality.
(2) Within 15 days after the
notification under paragraph (d)(l) of
this Section, the owner or operator must
develop and submit to the Regions!
Administrator a specific plan, based on
the outline required under paraqraph (a)
of this Section an J certified by a
qualified geologist or seotechnic.il
engineer, for a ground-water quality
assessment progr^n at the facility.
(3) The plan to be submitted under
5 2G5.90(d)(l) or paragraph (d)(2) of Ihis
Section must specify:
(i) The number, location, and depth of
wells;
(ii) Sampling and analytical methods
for those hazardous wastes or
hazardous waste constituents in the >.
facility:
(iii) Evaluation procedures, including
any use of previously-gathered ground-
water quality information; and
(iv) A schedule of implementation.
(4) The owr.cr or operator must
Implement Ihc ground-water quality
assessment plan which satisfies the
requirements of paragraph (d)(3) of this
Section. cnd..nt a minimum, dotcrmine:
(i) The rule and extent of migration of
the hazardous waste or hazardous
wnsfc constituents in the ground water;
find
(ii) The concentrations of the
huzardous waste or hazardous waste
cons-'irut'nls in the ground water.
(5) The owner or operator must make
his firs' dctermin.'ition i:nder paragraph
(d}(4) of Ihis Section as soon as
technically feasible, nr.il. within 15 Jays
after that determination, submit to the
Rrgionnl Administrator a written report
containing in ussessmenl of the ground-
WtUt-r qu.iLty.
(U) If !!»• owners or npcr.itor
di'li-riTKiies. based on IliC results of the
first UrtMinm.iltun under paragraph
(d)H) of tins Si:c!:nn. Ihnt no ho'..'iriloui
waste or h.i/.iiduus w.iste ror.stiluunt*
from the f.ir.ihiy have entered the
ground water, then he may reinstate the
indicator evaluation program described
in § aii5 !12 and paragiapli (b) of ll-.:s
Section. If the owner or operator
reinstates the indicator evaluation
proqram, he must so nolify the Rerional
Administrator in the report submitted
under Daragroph (dj(M nf this Section.
(7) If the owner or operator
determines, based on the first
determination undor paragraph (d)H) of
this Section, ihdl hiizardous waste or
hazardous waste constituents trcm the
facility have entered the ground water.
then he:
(i) Must continue to make the
determinations required under
paragraph (d)(4) of this Section on a
quarterly basis until final closure of the
facility, if the ground-water quality
assessment plan wus implemented prior
to final closure of the facility; or
(ii) May cense to make the
determinations required under
paragraph (d)(4) of this Section, if the
ground-water quality assessment plan
was implemented during the post-
closure care period.
(e) Notwithstanding any other
provision of this Subpart, any ground-
water quality assessment to satisfy the
requirements of 5 205 !)5{d}f4) which i.i
initiated prior to final closure of the
facility must be completed and reported
in accordance with $ 2CS.93(d)(5). •
(f) Unless the ground water is
monitored to satisfy the requirements of
{ 26S.9$(d)(4). at least annually the
owner or operator must evaluate the
data on ground-water surface elevations
obtained under § 205.92(c) to determine
whether the requirements under
J 265.91(a) for locating the monitoring
wells continues to be satisfied. If the
evaluation shows that 5 265.91 (a) ts no
longer satisfied, the owner or operator
must immediately modify the number.
location, or depth of the monitoring
wells to bring the ground-water
monitoring system into compliance with
this requirement.
Source: Federal Register,
19 May 1980,
45 FR 98: 33241.
87
-------
B. PLANS AND RECORDKEEPING
CHAPTER 4--OPERATING RECORD
Part 265, Subpart E, §265.73
1.0 INTRODUCTION
RCRA Section 3004 requires the maintenance of certain
records by all facilities that treat, store, or dispose of hazardous
wastes. EPA, therefore, has imposed various waste management
recordkeeping requirements in the 40 CFR 265 regulations to comply
with this provision of RCRA.
Recordkeeping requirements may be classified as those required
to be incorporated into an operating record for each facility
(§265.73) and those required to be maintained as part of general
facility recordkeeping procedures. The required contents of the
operating record, which must be available on the effective date of
the regulations, are discussed in the first part of Section 2. The
second half of this section examines information which would comprise
reports and records in various forms as required by the regulations
and discusses possible data presentations. Section 3 gives a sug-
gested model for a facility operating record, and Section 4
discusses other reports and recordkeeping required on-site. Section
5 briefly discusses possible methods for integrating recordkeeping
with other site procedures.
89
-------
2.0 RECORDKEEPING REQUIREMENTS
The items discussed in this section include those records
that must be maintained in the operating record and other reports
and recordkeeping items that must be maintained at the facility
but are not required to be kept in the operating record.
2.1 Operating Record
The operating record must contain eight categories of infor-
mation as specified in 40 CFR 265 and as shown in Table 1. The
other sections of 40 CFR 265 cited in §265.73 are detailed in
Table 2 by subpart. The required information forms eight categories
of data:
• Description, quantity, and disposition of each waste
• Location and quantity of each waste
• Records and results of waste analyses and trial tests
• Summary reports from incidents requiring implementa-
tion of the contingency plan
• Records and results of inspections
• Monitoring, testing, or analytical data
• Closure cost estimates (post-closure cost estimates
for disposal facilities)
• Arrangements with local authorities (as specified in
§265.37).
Except for inspection records, which must be kept only three years,
the required information must be maintained at the facility until
closure (and post-closure if necessary) is completed.
90
-------
TABLE 1
INFORMATION CITED IN 40 CFR 40 265.73 TO
TO BE INCLUDED IN THE OPERATING RECORD
Information Required
Description of Waste
Location of Waste
Waste Analyses and
Trial Test Results
Emergency Incident
Summary Reports
Records and Results of
Inspections
Monitoring, Testing, and
Analytical Data
Closure and Post-Closure
Cost Estimates
Where Required
265.73(b)(l)
265.73(b)(2)
265.73(b)(3)
265.73(b)(4)
265.73(b)(5)
265.73(b)(6)
265.7300(7)
Referenced Sections
265.119
265.279
265.309
265.13
265.193
265.225
265.252
265.273
265.345
265.375
265.402
265.56(j)
265.15(d)
265.90
265.94
265.276
265.278
265.280(d)(l)
265.347
265.377
265.142
265.144
Documentation of Refusal
by Local Authorities to
Enter Into Emergency
Arrangements*
265.37
This item is not listed in §265.73 but is required to be in the
operating record..
91
-------
TABLE 2
APPLICABILITY OF OPERATING RECORD REQUIREMENTS
APPLICABLE TO ALL FACILITIES
Subpart B - General Facility Standards
265.13 General waste analysis
265.15 General inspection requirements
Subpart C - Preparedness and Prevention
265.37 Arrangements with local authorities
Subpart D - Contingency Plan and Emergency Procedures
265.56 Emergency procedures
Subpatt E - Manifest System, Recordkeeping, and Reporting
267.73 Operating record
Subpart H - Financial Requirements
265.142 Cost estimate for facility closure
APPLICABLE TO CERTAIN CLASSES OF FACILITIES
Subpart F - Ground-Water Monitoring (surface impoundments, landfills,
and land treatment facilities)
265.90 Applicability
265.94 Recordkeeping and reporting
Subpart G - Closure and Post-Closure (disposal facilities)
265.119 Notice to local land authority
Subpart H - Financial Requirements (disposal facilities)
265.144 Cost estimate for post-closure monitoring and maintenance
APPLICABLE TO SPECIFIC TYPES OF FACILITIES
Subpart J - Tanks
265.193 Waste analysis and trial tests
Subpart K - Surface Impoundments
265.225 Waste analysis and trial tests
Subpart L - Waste Piles
265.252 Waste analysis
92
-------
TABLE 2 (Concluded)
Subpart M - Land Treatment
265.273 Waste analysis
265.276 Food chain crops
265.278 Unsaturated zone (zone of aeration) monitoring
265.279 Recordkeeping
265.280 Closure and post-closure
Subpart N - Landfills
265.309 Surveying and recordkeeping
Subpart 0 - Incinerators
265.345 Waste analysis
265.347 Monitoring and inspections
Subpart P - Thermal Treatment
265.375 Waste analysis
265.377 Monitoring and inspections
Subpart Q - Chemical, Physical, and Biological Treatment
265.402 Waste analysis and trial tests
93
-------
2.2 Other Reports and Recordkeeping
In addition to information required in the operating record,
other reports and recordkeeping are specified by the regulations.
These include information to be maintained at the facility and/or
submitted to the Regional Administrator (Table 3). At least 16
items are specified by the regulations for disposal facilities and
14 for treatment or storage facilities. The recordkeeping regula-
tions cover a broad range of subjects, from EPA identification
number to Post-Closure Plans. Section 4 discusses the items in
detail.
94
-------
o
H
H S
"^ E"~*
CO
w S5
55 H
M &
< a
H -rl
00
(S
«*>,
4J
TJ -H
CU rH
d -H
•rH O
CQ CtJ
4~) F^4
d
•H CU
s ^
§
4->
M
<4-l
° Pd
gpT-j
r i
u
vH
4-1 O
o vr
cu
X
/•^
1
•H
•H
4-1
§
rrj
•rl
M
O rl
<4H 0)
81
•H d
cd e
u 5
•rl -H
rH 4J
ex cd
rH
rH
in
vO
CN
rH CN
X 1 1 1 1 1 XX
St*1 >^ S*4 *v^ Stf' K/4 ^^ K^l SH
rS KS rS rS KS KS KS »^S KS
O CU
4J 4J
CO CU TJ CO
4J cd o d I cu
pj jj l-( co d •!-(
CU 3 d CU •H O
0COOCdrHCOrH 4J C
o)3corHr)cucu d w
ooo Oj'dTidcodO (X
Siad o)4-id'OcdO cu
POOCO^ddOMrH !-J
MCd'H-rlCj'OCOOOtO O4J
MNCUtOCO MU 4-1 COM
cdcdrii^, "Qjcut^ d -HO
rCOr-lda)p.Mcjcocd T3a.
IMM-ICdOcU rJ4-JrHCO CU
OCU C3'rli-ll4-IOOCU p!eX4J4-JPS
>CdCd4J4-)Od(>OCU CO CD
CU-rl_ U-rl •rlfig^CUtUrH
CJCU0 CU CU 4-ICUd'rlTSO>4-l<4-l Cd
1-IOO4J CX 0-rl4J dd'rl'H 3
4JCUM CO CO^CdCd d Q|CU d d d
OJ-i1*-! cd d OdM O S0033 d
53 t2rHi-3HO Cd 4J
M CO -rl
v-' d d rH
0 5 -rl
CO i-l -H O
4J CO 4-1 Cd
M O Cd <4H
O rH d
CX CX -H ••>
cu X 0 cd
>-l CU Cd 4J
4J Cd
r- 1 'Tj rj »rj
cd d o x-s
gffl CJ OO CU
d M
•rl tO M -H S
4J a) a) t-j co
•rl M 4J O O
T3 -H Cd 4J rH
^^ JS-rl 0
!^
•^
in
vO
CN
X
1
r~H
cd
d
cd
13
S
00
d
•rl
rH
1
CO
M
CU
rt §
5= rH
d °*
S to
O -H
M CO
O
/— S
0}
CN
cyi
m
vo
CN
95
-------
/-N
0>
•d
3
rH
Cj
u
^/
en
W
pa
H
M
0
4-J
a) cd
43 M
4J 4J
CO
O -rl
4-1 C
•rH
*d 3
01 13
±J ->
4-1
•d -H
01 rH
•H O
cd cd
1 i Eij
a
•3 eg
cd 43
JS! 4-1
a
0)
4-1
H
UH
O
g 0
•H
4-1 O
0 O-
01
CO
m vo "">
X X X
X X
0)
(-1
3
CO
o
rH
Cj
>4H «
0 rH
(3
g 5 i
CX
4J 0
cd o
^
4-1 Cd
4H £
•rl 4-1
O >rl
01 rH
CX vH
co o
cd
4-1 4-1
o
C 0)
43
O 4-1
*d
4-1
ca cd
g .
2-3
+j *n
cd cd
rH 4J
3 C3
60 -rl
oi cd
M S
01 O
43 4-1
4-1
4-J
- C
/-s 01
X 13
x-/ j3
^
•d cx
01
^ CO •
cd o
S 4-1 4J
•rl Cfl
CO M
i M" co
4-1 01 -rl
•ri > a
01 «H
rl U 6
Pl| tXj 4J
*
60
e waste, if the owner or operator cannot
P^
4-1
60
>
•H
0)
O
0)
rl
M-l
O
co
^
cd
m
rH
C
•rl
43
•S
'O
01
4-1
£
3
r^
3
co
0)
43
4-1
CO
.2
2
H
hazardous waste without a manifest or shippil
cd
•
m
•
H
m
rH
rH
m
CM
13
S
m
CM
m
r-
in
VO
CM
#*
m
vo
CM
M
co
CT*
60vO
•
^i
O
c3
CX
0)
CJ
ca
'd
QJ
43
4J
0)
^
H
O
CO
Q)
M
•
M
cd
01
43
O
cd
0)
UH
0
rH
43
O
M
cd
*
^"t
43
T3
0)
4J
4-1
•rl
e
43
3
CO
CM
•S
•H
01
0
01
4-1
O
co
^>
•3
m
rH
(3
•rl
43
4-1
•d
01
4J
4-J
•H
6
43
3
01
43
4-1
CO
53
CO
CM
M
01
13
3
01
4J
CO
cd
|j
13
0)
ro
3
rH
O
X
0)
g
4-1
0
CO
13
rj
nj
co
M
0)
CX
CX
in
CM
»
/«^s
•i~J
VO
m
m
vO
CM
un
M
CO
T)
fi
3
•^
01
•rl
•rl
CJ
0)
CX
co
CO
cd
13
0)
4-1
4J
•fj
£3
43
3
CO
-3-
t of closure activities.
ti
01
a
S
CJ
g
H
g
o
o
o
—I
^
o
•H
rl
CO
ct?
13
o
oo
rH
4J
CO
cd
CD
r-t
4J
cd
T?
0)
4-1
4.J
•rl
0
43
3
en
m
the approved closure plan.
o
jj
60
•S
•d
M
0
CJ
o
cd
01
4-1
01
rH
i1
O
CJ
CO
•H
0)
M
3
CO
0
rH
O
§
43
'O
0)
4-1
4J
•H
3
43
3
c/>
VO
96
-------
3.0 EXAMPLE OPERATING RECORD
The contents of the operating record are mandated by the
regulations; however the format of the record is not specified. It
is expected that each facility will tailor the organization of site
records to suit specific data processing needs. Therefore, the
formats presented herein are intended only as suggestions to be
considered for possible use in the operating record. The Example
Operating Record presented eight categories of information
(Table 4) ranging from daily summaries to annual estimates. Each
of these categories is discussed below.
3.1 Description of Waste
The description and quantity of each hazardous waste shipment
received and its final disposition must be recorded as specified
under Part 265, Appendix I. The information must include a descrip-
tion by its EPA hazardous waste list number (§261.30), a description
of its hazardous waste characteristics (§261.20), its common name,
and the process that produced it if the waste is not listed. Each
hazardous waste and hazardous waste characteristic has a four-digit
number assigned to it. These numbers should be used for recordkeeping
and reporting. If the shipment is not accompanied by a manifest at
off-site facilities, the required data must be obtained and recorded
by the owner or operator and an unmanifested waste report must be
prepared. No manifest is required for on-site disposal.
97
-------
TABLE 4
POTENTIAL FORM OF OPERATING RECORD ITEMS
ITEM
1. Description of Waste
2. Location of Waste
3. Waste Analyses and Trial
Test Results
4. Emergency Incident Summary
Reports
5. Records and Results of
Inspections
6. Monitoring, Testing, and
Analytical Data
7. Closure and Post-Closure
Cost Estimates
8. Documentation of Refusal by
Local Authorities to Enter
Into Emergency Arrangements
POTENTIAL FORM
Daily Summary
1-3 Pages Minimum
Series of Data Sheets
Single Document as Required
Daily Summary Sheet
Series of Documents
Single Document - Annually
Single Document - Annually
98
-------
The waste description must also include the physical form, the
estimated or manifest-reported weight (or volume and density) and
the method(s) of handling. Weight (or volume and density) could be
expressed in pounds, short-tons, gallons, cubic yards, kilograms,
metric tons, liters or cubic meters. However, it is recommended
that weight be expressed both in metric and English units. The
methods of handling should be recorded according to the handling
codes established by EPA, which specify the methods of storage,
treatment, or disposal. The date(s) of each step — storage, treat-
ment, or disposal — must be recorded. If the material received
differs in character or quantity from the data stated on the
manifest, the discrepancy should be noted on the data sheet.
The dates of processing the materials will depend on the
facility's current inventory (in the case of storage) and the rate
at which waste is being treated and/or disposed of. If the shipments
are to be subdivided at any point in the handling process, the
divided quantities or percentages of the original shipment should be
noted along with their respective date(s) of storage, treatment and
disposal. Finally, shipments in containers which, when emptied,
will also be classified as hazardous waste should be marked on the
daily summary sheet, for future reference.
It may also be desirable to record the manifest number. The
manifest number is required for cross-reference on the facility
diagram or map when questions arise regarding the source or process
generating the waste, or the waste disposal methods, A possible format
for the data summary sheet is given in Figure 1.
99
-------
BI
JT
X >»
4J *J
•H •*
iH rH
•H
-------
3.2 Location of Waste
Under §265.73(b)(2), the location of each hazardous waste with-
in a facility and the quantity of each hazardous waste must be
recorded. For all facilities, this information must include cross-
references to specific manifest numbers, if the waste was accompanied
by a manifest. Specific types of facilities have additional require-
ments .
In accordance with §265.119, the owner or operator of a disposal
facility must submit to the local land authority and to the Regional
Administrator a survey plat indicating the location and dimensions
of landfill cells or other disposal areas with respect to permanently
surveyed benchmarks. This information must be submitted within 90
days after closure is completed.
Section 265.279 specifies that records on application dates,
rates, quantities, and locations of each waste in a land treatment
facility must be maintained in the operating record. Similarly,
§265.309 requires the owner or operator of a landfill to maintain
a map and records of the location, dimensions, and contents of each
cell.
The required diagrams or maps could be derived from a copy of
the facility drawing required on Form 3, RCRA Hazardous Waste Permit
Application [(40 CFR Part 122.24(d)]. For small facilities with
limited capacities, this drawing may be adequate for depicting the
required information (Figure 2). For larger facilities, the map
101
-------
8
S
s
§
s
s
SZZ
1
» on
IT)
rsi
B
8
01
4J
o
"OS
i
n
1
i
3
1
8
£
S
s
5
3
3
S
3
Si
3
• ••M
n
5
5
3
3
3
-------
may serve as a key to more detailed maps; the key would provide
legal facility boundaries and identify existing and proposed
storage, treatment, or disposal areas. A detailed map or diagram
of each area showing the exact locations and quantities of hazardous
material could then be developed, using the facility diagram as a
reference (Figure 3).
If a copy of the permit facility diagram has not been retained
at the site, a topographic map, such as a 7-1/2 minute series map
available from the U.S. Geological Survey in Washington, D.C.;
Denver, Colorado; or Anchorage, Alaska, could be used to derive
the reference map. The detailed maps for each storage, treatment,
or disposal area should also be drawn to scale.
When a published map is used, the source and scale should be
appropriately referenced on all diagrams or maps based on the printed
original. Required details of individual cells, trenches, and
similar structures could be superimposed on baseline maps, or
successive placements of materials could be represented by a series
of overlays on a single map. Photographs or line drawings could
also accompany the map or diagram in order to clarify specific
circumstances. If the diagram of an individual facility is large
enough, a grid system with hazardous waste reference numbers may
be applied directly on the map (Figure 3). Another approach would
include coding a map and using the code on the map and in a legend
(Figure 4).
103
-------
2 £l
104
-------
-------
3.3 Waste Analyses and Trial Test Results
Before an owner or operator treats, stores, or disposes of any
hazardous waste, he must obtain a detailed chemical and physical
analysis of a representative sample of the waste, as specified in
40 CFR 265.13, Data obtained from conducting general waste analyses
as well as specific analyses for wastes to be placed in tanks, sur-
face impoundments, waste piles, land treatment, landfills, incinerators,
thermal treatment, injection wells, and chemical, physical and
biological treatment must be retained in the operating record.
Analyses performed before the effective date of the regulations
or studies conducted on hazardous waste generated from processes
similar to that which generated the waste to be managed at the
facility, or the analyses performed by the generator under prior
agreement with the facility owner or operator, may be used to
satisfy these requirements, if the data complies with §265.13.
The analyses must be repeated and must be recorded in the
operating record, as necessary, to ensure that the waste analysis
is accurate and up-to-date. For off-site facilities, it may also
be necessary to analyze each movement of hazardous waste received
to confirm that it matches the identity of the waste designated on
the manifest or shipping paper. Techniques for confirming manifest
information should be included in the waste analysis plan. However,
no record need be maintained of the routine pH tests and visual
comparisons of waste samples used for confirming manifest information.
106
-------
Trial tests are conducted prior to treatment or storage when
the hazardous waste involved is substantially different from waste
previously treated or stored, or when a substantially different
process is being used to treat or store the waste. Results of these
tests must be maintained in the operating record.
In addition to the required data, any supporting information
used to determine the acceptability of the hazardous waste at the
facility, to identify potential incompatibilities of incoming
hazardous wastes, or to ensure proper disposal procedures under
non-routine circumstances should be included in the operating record.
The waste analysis plan should have a portion of the supporting
information, such as rationale and sampling frequency for specific
wastes. Other information could be incorporated into the operating
record on a data summary sheet, similar to Figure 5.
3.4 Emergency Incident Summary Reports
Whenever there is an imminent or actual emergency situation
requiring implementation of a contingency plan, including releases,
fires, and explosions, the owner or operator must summarize the
incident in the operating record as specified in §265.56(i).
Required information includes the time; date and details of the
incident, such as name and quantity of the material involved; extent
of injuries, if any; assessment of actual or potential hazards to
human health and the environment; and estimated quantity and
disposition of recovered material resulting from the incident. In
107
-------
3
CO
&
I
en
s
H
en
B
JCL 3
5 H
g
a
ol
CJ
x
r-t
-------
addition to being filed in the operating record, this information
must also be submitted to the Regional Administrator as a written
report within 15 days of the incident. In addition to the required
data, information on the effectiveness of the contingency plan and
modifications to emergency procedures should be noted.
3-5 Records and Results of Inspections
As specified in §265.15, a facility owner or operator must
inspect his facility for malfunctions and deterioration, operator
errors, and discharges which could result in release of constituents
harmful to the human health or environment. These inspections must
be conducted in accordance with a written schedule and recorded in
the operating record. At a minimum, these records must include the
date and time of the inspection, the name of the inspector, a notation
of the observations made and the date and nature of any repairs or
other remedial actions.
The frequency of inspection and recording may vary for items
on the schedule, but must include, at a minimum, the following:
• Inspections every 15 minutes for incinerator and
thermal treatment combustion emission and control
instruments.
• Hourly inspections of incinerator or thermal treat-
ment stack plumes.
• Daily inspections of level of waste in tanks or
impoundments, discharge control and safety equipment,
temperature and pressure gauges, and incinerators and
associated equipment.
• Weekly inspections of construction materials used in
tanks, impoundments, the chemical, physical and
biological treatment process or equipment, and areas
adjacent to these structures.
109
-------
Specific data required at each site must be identified in an
inspection schedule, and records of inspections are to be maintained
in an inspection log or summary for at least three years. These
logs or summaries (which become a part of the operating record) are
the only items in the operating record not required to be maintained
throughout the life of the facility. Other data should include
background concentrations or conditions to be inspected and background
information on conditions that are not regularly monitored. Signi-
ficant changes should then be readily detectable.
A chart or log sheet should be designed to include the required
parameters and adequate space for noting corrective actions. An
example of such a sheet is shown in Figure 6. One chart may be
needed for each type of inspection — e.g., for incinerators a
fifteen-minute chart for combustion control instrument inspections,
an hourly chart for stack plume inspections, a daily chart for
safety equipment.
3.6 Monitoring, Testing, and Analytical Data
Depending on the type of facility, the owner or operator must
develop several categories of data as required under 265.73(b)(6).
The broad categories are related to:
• waiver from ground-water monitoring requirements
(§265.90)
• groundwater monitoring information (§265.94)
• food chain crop information (§265.276)
• unsaturated zone monitoring (§265.278)
110
-------
INSPECTION CHECKLIST
Week of:
AREA
IMPOUNDMENT 1
• Inspect and record freeboard
level to ensure water level
does not exceed 4 feet.
• Inspect valves and fittings
at discharge pipe for leaks.
Ensure valve can be closed.'
• Inspect pressure safety re-
lease valve for intact leaded
seal to enaure there has been
no tampering with setting.
IMPOUNDMENT i
• Inspect and record freeboard
level to ensure water level
does not exceed 4 feet.
• Inspect valvea and fittings
at discharge pipe for leaks.
Ensure valve can be closed.
• Inspect pressure safety re-
lease valve for intact leaded
seal to enaure there haa been
no tampering with setting.
PUMP ROOM
• Test automatic alarm at noon.
• Check pressure on fire ex-
Cingulshers.
• Check valves and pipe fitting
for leaks.
• Check sump for accumulated
water
• Check for excessive or noxious
odors
• Examine the dikes at
Impoundments I and 2 for
signs of erosion, cracking,
wet spots, or other signs
of leaking.
• Check emergency spillway
for accumulated debris.
• Examine downhill berm for
signs of erosion.
-f
DAY/SIGNATURE
Tue Wed Thu
1 1
Sat
Sun
REMARKS
(continue on back)
Check the following DAILY and record discrepancies and maintenance
Check the following WEEKLY and record discrepancies and maintenance
Check the following MONTHLY and record discrepancies and maintenance
FIGURE 6
SAMPLE INSPECTION CHECKLIST FOR IMPOUNDMENT FACILITY
111
-------
• post-closure monitoring [§265.280(d)(1)]
• incinerator monitoring and inspections (§265.347)
• thermal treatment monitoring and inspections (§265.377)
3.6.1 Wavier From Ground-Water Monitoring Requirements
If the owner or operator can demonstrate that there is a low
potential for migration of hazardous waste or hazardous waste con-
stituents from the facility in accordance with §265.90, this
dmonstration must be in writing and must be maintained at the
facility. This documentation and supporting data should be kept in
the facility's operating record along with the certification from a
qualified geologist or geotechnical engineer.
3.6.2 Ground-Water Monitoring
Section 265.94 specifies the recordkeeping and reporting
requirements for ground-water monitoring samples and analyses
including:
• records of the analyses performed in accordance with
§265.92(c) and (d)
• ground-water elevations required in §265.92(e)
• evaluations required in §265.93(b)
During the first year when initial background concentrations
are being established for the facility, the owner or operator must
identify for each monitoring well any parameters whose concentrations
or values exceed the maximum contaminant levels listed in Appendix III
to 40 CFR 261.
112
-------
In subsequent years, if upgradient wells show a significant
increase in monitored parameters, this data must be submitted to
the Regional Administrator in the Annual Report (§265.75) as well
as being maintained in the operating record. When downgradient
wells show a significant increase in monitored parameters, the data
must be checked as specified in §265.93(c)(2) , and a written notice
must be sent to the Regional Administrator within seven days of
confirmation of the increase. In addition, the owner or operator
must forward a damage assessment plan to the Regional Administrator
within fifteen days after the notification C§265.93(d)(4)D. A copy
of the notice and the plan should be placed in the facility's file.
3.6.3 Food Chain Crop Information
Within 60 days of the effective date of the regulations (i.e.,
by 19 January 1981), an owner or operator of a hazardous waste land
treatment facility on which food chain crops are being grown, have
been grown, or will be grown in the future, must notify the Regional
Administrator. Information developed under §265.276 must be placed
in the operating record, if the owner or operator grows food chain
crops on the land treatment facility including:
• field testing data for arsenic, lead, mercury, or
other constituents identified under §265.273(b).
• analysis of cadmium application and accumulation,
and other related analyses under 265.273(c).
For further information on the data to be developed, see Chapter 8
of this Manual.
113
-------
3.6.4 Unsaturated Zone Monitoring Data
For land treatment facilities, the owner or operator must have
in writing an unsaturated zone monitoring plan to detect the
vertical migration of hazardous waste and constituents under the
active portion of the land treatment facility, as specified in
§265.278. The monitoring program must also provide information on
the background concentrations of hazardous waste and hazardous waste
constituents.
3.6.5 Post-Closure Monitoring
In addition to the requirements of §265.117 (post-closure care),
§265.280(d)(1) requires the owner or operator of a land treatment
facility to maintain any unsaturated zone monitoring system and to
collect and analyze samples from this system in a manner and
frequency specified in the post-closure plan. Data derived under
this section must be placed in the operating record.
3.6.6 Incineration Monitoring and Inspections
In addition to the waste analysis required by §265.13 (and
discussed in Section 3.3 of this document), the owner or operator
must sufficiently analyze any waste which he has not previously
burned in his incinerator to establish steady state operating
conditions. Minimum analyses are outlined in §265.345. Results
from each analysis must be included in the operating record.
When incinerating hazardous wastes, the owners or operators
must conduct inspections of instrumentation, stack plume, and
associated equipment as specified in §265.347. This data must be
placed in the operating record.
114
-------
3.6.7 Thermal Treatment Monitoring and Inspections
Owners or operators of facilities that thermally treat hazardous
wastes must conduct waste analyses as specified in §265.377 to enable
them to establish steady state or other appropriate operating con-
ditions and to determine the type of pollutants which might be
emitted. The results from each waste analysis must be placed in
the operating record.
3.7 Closure and Post-Closure Cost Estimates
The operating record must also contain information on closure
cost estimates as specified in §265.142 and, for disposal facilities,
all post-closure cost estimates as specified in §265.144. By
19 May 1981 (as specified in 45 FR 212:72040, 30 October 1980), the
owner or operator must have a written estimate of the cost of
closing the facility in compliance with the regulations.
This estimate must equal the cost of closure at any point in the
facility's operating life and will be adjusted yearly to compensate
for inflation as specified in §265.142(c). In addition, whenever
the closure plan is amended and the cost of closure changes, this
information must be placed in the operating record.
In addition to the required cost estimates for disposal
facilities, a schedule of events for closure and post-closure should
be included in the operating record as a reference for annual review.
When the cost estimates are updated as specified in §265.141 and
115
-------
§265.143, the closure schedule should be reviewed to ensure agree-
ment with the estimates whenever changes occur. A simple line
diagram could be used to indicate milestones in the schedule and
would be easy to update whenever changes occur.
3.8 Documentation of Refusal by Local Authorities to Enter Into
Emergency Arrangements
When state or local authorities decline to enter into arrange-
ments to familiarize police, fire departments, and emergency response
teams with the waste handling operations at a facility as specified
in §265.37, the owner or operator must document the refusal in the
operating record. (Any arrangements agreed to must be included
in the contingency plan, which is not a part of the operating record.)
Typical arrangements include:
• Familiarizing emergency service personnel with the
facility layout, personnel working areas, entrances
to roads and possible evacuation routes.
• Designating primary emergency authority when more
than one emergency service is available.
• Agreements with emergency response teams, contractors,
and equipment suppliers.
• Familiarizing local hospitals with the properties of
hazardous waste handled at the facility, and the
types of injuries or illnesses which could result
from fires, explosions, or releases at the facility.
116
-------
4.0 EXAMPLE FORM FOR OTHER REPORTS AND RECORDKEEPING
Other information required to be maintained at the facility
and/or submitted to the Regional Administrator includes up to
14 items for storage and treatment facilities and 16 items for
disposal facilities with significant increases in ground-water
contamination (see Table 3 in Section 2). Although the regulations
do allow interpretation for facility-specific data handling, the
information may be incorporated with data from the operating record
and submitted to the Regional Administrator. Therefore, organized
files should be established for the appropriate categories of infor-
mation listed in Table 5 and discussed below.
4.1 Facility Identification Number
In order to transport, offer for transportation, treat, store,
or dispose of hazardous waste after the effective date of 40 CFR 261
(19 November, 1980), an owner or operator must have filed a notifica-
tion and received an EPA identification number. The Preliminary
Notification of Hazardous Waste Activity (45 FR 39:12746) establishes
the procedures for obtaining the twelve-digit EPA Identification
Number. This number is to be used on hazardous waste manifests and
all reports required by EPA. Therefore, the identification number
should be prominently placed in the front of the facility's filing
system.
117
-------
TABLE 5
POTENTIAL FORM OF INFORMATION TO BE MAINTAINED
AT THE FACILITY AND/OR SUBMITTED TO
THE REGIONAL ADMINISTRATOR
1.
2.
Item
Facility Identification Number
Notice of Arrangement to Re-
Section of
40 CFR
265.11
265.12
Potential Form
Single Document
Single Document
ceive Hazardous Waste from a
Foreign Source
3. Waste Analysis Plan , 265.13(b)
4. Inspection Schedule 265.15(b)
5. Job Titles and Personnel 265.16(d),
Records 265.16(e)
6. Contingency Plan and Amend- 265.52
ments 265.54
7. Manifests and Manifest Dis- 265.71,
crepancy Notices 265.72
8. Annual Report 265.75
9. Unmanifested Uaste Reports 265.76
10. Additional Reports 265.77
11. Ground-Water Sampling and 265.92
Analysis Plan
12. Closure Plan 265.112
13. Certification of Closure 265.113
14. Post-Closure Plan 265.118
as Required
Single Document
Single Document
Series.of ^Documents
Series of Documents
as Required
Series of Documents
Single Document-
Annually
Series of Documents
Series of Documents
Single Document
Single Document
Single Document
Single Document
118
-------
4.2 Notice of Arrangement to Receive Hazardous Waste from a Foreign
Source
The owner or operator of a facility that has arranged to receive
hazardous waste from a foreign source must notify the Regional
Administrator in writing at least four weeks in advance of the date
the waste is expected to arrive at the facility. Although notices of
subsequent shipments of the same waste from the same foreign source
are not required, it would be prudent to maintain a file copy of all
foreign source notices.
4.3 Waste Analysis Plan
Before an owner or operator treats, stores, or disposes of any
hazardous waste, he must obtain a detailed chemical and physical
analysis of a representative sample of the waste. At a minimum, this
analysis must contain all the information which must be known to
handle the waste in accordance with Part 265 - Interim Status Standards
(see the section of this Manual on Waste Analysis Plans). The owner
or operator must also develop and follow a written waste analysis
plan describing the procedures that he will carry out to obtain the
required information. Although both the plan and the analyses are to
be maintained at the facility, only the analyses are required in the
operating record. However, the waste analysis plan should be main-
tained as part of a coordinated filing and retrieval system.
4.4 Inspection Schedule
A written inspection schedule for all monitoring equipment,
safety and emergency equipment, security devices, and operating and
119
-------
structural equipment must be maintained at the facility in accordance
with §265.15. The inspections performed under this schedule must be
recorded in the operating record and maintained at least three years
from the date of inspection at the facility. While not required, a
master copy of the most recent inspection schedule could also be
maintained at the front of the inspection data.
4.5 Job Titles and Personnel Records
The owner or operator must maintain four types of personnel
records at the facility:
• Job title and name of employee for each position related
to hazardous waste.
• Job descriptions, including requisite skills, education,
or other qualifications, and duties of facility personnel
assigned to each position (Figure?).
• Records that document training or job experience required
has been given to and completed by facility personnel
(Figure 8).
• Training records of current personnel.
This information could be filed under "Personnel," or a similar
heading. These records must be maintained for the life of the
facility or, for former employees, for at least three years from
the date the employee last worked at the facility.
4.6 Contingency Plan and Amendments
The facility Contingency Plan must be prepared as specified in
§265.52, maintained at the facility, and submitted to all local
police and fire departments, hospitals, and state and local emergency
response teams that may be involved in providing emergency services.
120
-------
Jl
•8
I
I
&
h i
|3 M CL
* * 3
• S ^
«3 fi-
ll I
M
•4
•
5
t
f
o
w
Q
«4
«
I*
t>
S
I
ft
•4
i
M
'e
5
W
|
|
— •
|
1
i
J_
u
s
_5_
1
S
a
•
w
»•
-!
3.
•5
!»
% .
£3
**
1
1
s
§
0
i
i
1
*•
|
9
1
I*
S
s
H
*4
«
M
M
O
M
5
s
s
g
i
I
§
s
a
121
-------
Employee
Position
Initial
Training
Annual Reviews
1980 1981 1982 1983 1984 1985 1986
FIGURE 8
SAMPLE FORMAT FOR COMPLETION OF TRAINING CHECKLIST
122
-------
The Contingency Plan must be received and amended as necessary in
accordance with §265.54. The Contingency Plan and all amendments
should be included in the facility records.
4.7 Manifests and Manifest Discrepancies
A copy of each shipping paper and manifest must be retained at
the facility for at least three years from the date of delivery. The
papers and manifests should be placed in a central file along with
copies of manifest discrepancy notices which are submitted to the
Regional Administrator as specified in §265.72.
4.8 Annual Report
The owner or operator must prepare and submit a single copy of
an Annual Report to the Regional Administrator by March 1 of each
year. The report form is given in Appendix II of 40 CFR 265 and
must include:
• the EPA identification number, name and address of
the facility
• the calendar year covered by the report
• for off-site facilities, the EPA identification
number for each hazardous waste generator from
which the facility received a hazardous waste
during the year; for imported shipments, the
name and address of the foreign generator
• a description and the quantity of each hazardous
waste the facility received during the year;
for off-site facilities, this information must
be listed by EPA identification number for each
generator
• the method of treatment, storage or disposal for
each hazardous waste
123
-------
• monitoring data under §265.94(a)(2)(ii) and (iii)
and (b)(2), where required
• the most recent closure cost estimate under §265.142
and, for disposal facilities, the most recent post-
closure cost estimate under §265.144
• the certification signed by the owner or operator
of the facility or his authorized representative.
A record copy of the Annual Report could also be maintained on site.
4.9 Unmanifested Waste Report
If a facility accepts any hazardous waste from an off-site source
without a manifest or shipping paper, then the owner or operator must
file a report to the Regional Administrator as specified in §265.76.
A copy of this,report should be placed in the facility's record files.
4.10 Additional Reports
In addition to submitting an annual report as described in
§265.75 and unmanifested waste reports (§265.76), the owner or
operator must also report to the Regional Administrator (.§265.77):
• releases, fires, and explosions as specified in §265.56(j).
• ground-water contamination and monitoring data as specified
in §§265.93 and 265.94
• facility closure certification as specified in §265.115.
These items should be maintained in separate files on-site. Unless
a significant incident was reported in the above reports, it would
not be necessary to prepare a separate file under §.265.77.
4.11 Ground-Water Sampling and Analysis Plan
Unless the owner or operator receives a ground-water monitoring
waiver, a ground-water sampling and analysis plan must be developed
124
-------
as specified in S265.92. The plan must be kept at the facility and
must include procedures and techniques for:
• Sample collection
• Sample preservation and shipment
• Analytical procedures
• Chain of custody control
This information should be the first item filed in the ground-water
sampling data file.
4.12 Closure Plan
A written closure plan must be available at each facility on
19 May 1981 and must be forwarded to the Regional Administrator
180 days before the date closure is expected to begin. The plan
may be amended at any time and must be amended under conditions
specified in §265.118. A copy of the plan and all amendments
should be placed in the facility's files.
4.13 Certification of Closure
When the facility is closed in accordance with an approved
closure plan, a certification of closure must be forwarded to the
Regional Administrator as specified in §265.115. In most cases, the
operating record would no longer be required under the regulations,
and the certification of closure would not necessarily be maintained
as part of the facility's record. However, if the facility is used
for disposal of hazardous waste, then a period of post-closure is
required and the operating record and report files should be retained,
125
-------
including a copy of the certification. If the facility is involved
with an enforcement action, the facility's records should be main-
tained until the action is resolved.
4.14 Post-Closure Plan
For disposal facilities, post-closure requirements and notices
to local land authorities are detailed in §§265.117, 265.118, and
265.119. As specified in §265.118, the owner or operator must have
a written post-closure plan at the facility by 19 May 1981. The
plan may be amended at any time during the active life of the
facility or during post-closure care. The plan must be submitted
to the Regional Administrator at least 180 days prior to closure.
A copy of both the plan and all amendments should be maintained
on-site.
126
-------
5.0 INTEGRATION WITH OTHER FACILITY PROCEDURES
The operating record will be an integral part of daily
activities at the facility. In certain cases, as for inspections
during incinerator operations, data will be accumulating hourly.
Therefore, organizing a data handling system will be an Important
step in minimizing the cost of recordkeeping.
5.1 Location
A location central to the facility's operation is ideal for
maintaining the operating record. However, it is not essential
that the file be maintained at one location. For example, data
generated in other reports and recordkeeping procedures may be filed
at a field office. Also, many of the reports will be generated at
a laboratory, either off- of on-site, that may be separated from
other offices and files. In addition, existing procedures and
data may already be filed under subject headings dissimilar to those
required by the regulations. Whatever the current collection and
distribution procedures on-site, an overall filing system incorpor-
ating required items as well as other reports should be set up as
soon as possible. Since the files must be maintained for the life
of a facility, adequate filing space should be planned. If the data
are to be placed in a computer system by the owner or operator, care
should be taken to ensure adequate data retrieval for information
required by the regulations.
127
-------
5.2 Availability
The operating record and other information must be furnished,
upon request, and made available at all reasonable times for inspec-
tion by an officer, employee, or representative of EPA who is duly
designated by the Administrator. The retention period is extended
automatically during the course of any unresolved enforcement action
regarding the facility or as requested by the Administrator.
128
-------
APPENDIX A
INTERIM STATUS STANDARDS FOR OPERATING RECORD
§ 265.73 Operating record.
(a) The owner or operator must keep a
written operating record at his facility.
(b) The following information must be
recorded, as it becomes available, and
maintained in the operating record until
closure of the facility:
(1) A description and the quantity of
each hazardous waste received, and the
methodfsj and date(s) of its treatment,
storage, or disposal at the facility as
required by Appendix I;
(2) The location of each hazardous
waste within the facility and the
quantity at each location. Fn1 disposal
fai^mies, uie location and quantity of
each hazardous waste must be recorded
on a map or diagram of each cell or
disposal area. For all facilities, this
information must include cross-
references to specific manifest
document numbers, if the waste was
accompanied by a' manifest;
[Comment: See §§ 265.119, 265.279, and
265.309 for related requirements.] •
(3) Records and results of waste
analyses and trial tests performed as
specified in §§ 265.13, 265.193, 265.225,
265.252, 265.273, 205.343. 265.375, and
265.402;
(4) Summary reports and details of all
incidents that require implementing the •
contingency plarr as specified in
§ 265.56(j);
(5) Records and results of inspections
as required by | 2G5.15(d) (except these
data need be kept only three years);
(6) Monitoring, testing, or analytical
data where required by §§ 265.90,
265.94, 265.276, 265.278, 265.280(d)(l),
265.347, and 265.377; and,
[Comment: As required by | 265.94,
monitoring data at disposal facilities
must be kept throughout the post-closure
period.]
(7) All closure cost estimates under
5 2G5.M2 find, for disposal facilities, all
post-rlosure cost estimates under
§ 265.144.
129
-------
C. VARIANCES AND DEMONSTRATIONS
CHAPTER 5—VARIANCE TO SECURITY
§265.14(a)
1.0 INTRODUCTION
Among the interim status standards that apply to all hazardous
waste management facilities are provisions for security, which must
be instituted by the effective date of the regulations (i.e., 19
November 1980). The security requirements are stated as performance
standards. Thus, the regulations (40 CFR 265.14) are specific in
intent, but flexible in their implementation. A facility may be
exempt from this section of the regulations if:
(1) "Physical contact with the waste, structures, or
equipment within the active portion will not injure
unknowing or unauthorized persons or livestock which
may enter the active portion of a facility; and
(2) Disturbance of the waste or equipment, by the unknowing
or unauthorized entry of persons or livestock onto the
active portion of a facility, will not cause a violation
of the requirements of this Part." [40 CFR 265.14(a)(l)
and (2)].
Complete regulations on security are in Appendix A.
EPA expects that these two conditions will be satisfied only
rarely and that few facilities will be exempt from the requirements.
During the interim status period, owners and operators who
determine that their facilities meet both of the above conditions
must be able to provide the rationale supporting this determination,
if requested to do so by the Regional Administrator. As required by
40 CFR 122.25(a)(4), a justification demonstrating the reasons for
requesting a waiver of the security requirements must be submitted
with Part B of the permit application if the owner or operator
wishes the facility to be exempt.
131
-------
1.1 Technical and Regulatory Background
The background document Interim Status Standards for Security,
prepared by the EPA's Office of Solid Waste, and the preamble to
the interim status standards (45 FR 98: 33180, 19 May 1980) discuss
exemptions. The former gives examples of certain conditions under
which exemptions would be inappropriate. For example, it is stated
that exemptions should not be allowed based solely on claims of low
hazard potential associated with location in a sparsely populated
area. Thus, accessibility is not a factor in the exemption of
facilities. Nor should an exemption be allowed based solely upon
a claim that wastes are rendered inaccessible by using a daily cover.
The preamble to the interim status standards also takes a conserva-
tive approach, indicating that the Agency does not expect that many
sites will be exempt from the security standards.
A review of various state regulations for security at hazardous
waste disposal sites indicates only limited applicability to the
issue of exemptions. As noted in the EPA background document on
security standards, state regulations generally require the control
of access to hazardous wastes, either through design or performance
standards. None were found that identify an established procedure
for granting exemptions for security provisions.
A review of other Federal regulatory programs relating to
hazardous materials suggested that these programs also would be of
only limited applicability:
132
-------
• U.S. Nuclear Regulatory Commission regulations for the
physical protection of nuclear power plants and materials
specify detailed design standards for security, but do
provide for exemptions under certain circumstances
(10 CFR 73). However, this provision was included to
account for special cases involving the national interest
and has not involved the drafting of formal guidance
materials (Knapp, 1980).
• U.S. Department of Defense safety standards for toxic
chemical hazards or combined toxic and explosive hazards
include provisions for calculating the "public access
exclusion distance" from such facilities (32 CFR 251).
However, as detailed by Johnson (1977), the methodology
for chemical hazard prediction is based on an atmospheric-
diffusion model for calculating hazard-distances associated
with chemical accidents or explosions. Thus, the
methodology would have little utility in most cases.
• Occupational Safety and Health Administration regulations
for hazardous materials and toxic and hazardous substances
are explicit in requirements for handling and storage, but
do not provide for exemptions from these requirements
(29 CFR 1910).
These all indicate a presumption against exemptions from
security requirements.
1.2 Organization of this Chapter
In this chapter, discussion centers on major factors relating
to the potential hazards to intruders and the risks of violating
other interim status standards that may be associated with contact
or exposure within the active portion of facilities, including:
• chemical and physical characteristics of the waste
• properties indicating hazard potential
• duration of hazard
• general considerations relating to the potential
for violations
133
-------
• barriers to contact or disruption
• safety practices relating to equipment and structures
Section 4.0 of this chapter presents examples of how separate
factors can be collectively considered in an evaluation of an
exemption.
134
-------
2.0 DETERMINATION OF POTENTIAL HAZARDS TO INTRUDERS
The owner or operator must demonstrate that physical contact
with waste materials will not injure unknowing or unauthorized
persons or livestock that may enter the active portion of a facility.
These types of determinations are complex, involving a variety of
considerations. As detailed below, considerations may include the
chemical and physical characteristics of the waste and specific
properties that indicate hazard potential.
2.1 Chemical and Physical Characteristics of the Waste
As part of the general facility standards, the owner or
operator of a facility must develop and follow a written waste
analysis plan describing the procedures to be carried out for the
determination of the chemical and physical characteristics of the
waste. This analysis may constitute the initial step in determin-
ing whether a hazard potential exists.
2.2 Properties Indicating Hazard Potential
A number of guides for evaluating hazards associated with
chemical substances have been developed. Although they discuss
pure substances and wastes are likely to be complex mixtures of
substances, they may provide some guidance. One such guide that is
widely used is: Dangerous Properties of Industrial Materials (Sax,
1979). The author assigned a toxic hazard rating, a fire hazard
rating, an explosion hazard rating, and a disaster hazard rating to
each of nearly 13,000 materials. As detailed in Table 1, toxic
135
-------
TABLE 1
SAX'S TOXIC HAZARD RATINGS
RATING DEFINITION
U Unknown
0 Does not cause harm under conditions of normal use. May
produce toxic effects in humans under unusual conditions or
overwhelming dosage.
1 Slight toxicity. Produces changes in the human body which
are readily reversible and which will disappear following
termination of exposure, either with or without medical
treatment.
2 Moderate toxicity. May produce irreversible, as well as
reversible, changes in the human body. These changes are
not of such severity as to threaten life or produce serious
physical impairment.
3 Severe toxicity. Can cause death or serious physical
impairment.
Source: Sax, N.I. 1979. Dangerous Properties of Industrial Materials.
Fifth Edition. Litton Educational Publishing, Inc.,
Van Nostrand Rei'nnold, New York.
136
-------
hazard ratings range from zero (0) indicating no harmful effect
under conditions of normal use, to three (3), indicating the potential
for death or serious physical impairment. Ratings account for
route of exposure (e.g., ingestion, inhalation, skin absorption),
for acute local and system exposure, and for chronic local and
systemic exposure.
In addition to this guide, the background document Listing of
Hazardous Wastes, §§261.31 and 261.32, and its Appendix A, Health
and Environmental Effect Profiles, provide the technical support
for 85 waste streams for which regulations have been promulgated
and 11 for which regulations have been proposed. This document pre-
sents information on the hazards associated with each waste and may
be useful in assessing the type of security hazard for each.
2.3 Duration of Hazard
If the wastes disposed of at a facility were known to remain
hazardous to contact for only a short period of time, security
activities, including fencing, lighting, or patrols, could pos-
sibly be waived after this time. For example, the area might
remain fenced and posted with warning signs but need to be checked
only intermittently for damage. The owner or operator would be
responsible for documenting this time period. The area would still
be considered active under the definition of 40 CFR 260.10, if the
facility had not been closed in accordance with the approved closure
plan and all applicable closure requirements.
137
-------
3.0 DETERMINATION OF THE RISK OF VIOLATING OTHER INTERIM STATUS
STANDARDS
One of the criteria for exemption is that "disturbance of the
waste or equipment, by unknowing or unauthorized entry of persons
or livestock onto the active portion of a facility, will not cause
a violation of the requirements of this Part." The background
document for security standards indicates that this provision is
designed to ensure the protection of the environment from hazards
resulting from releases caused by unauthorized persons. For example,
requirements might be violated if an intruder placed incompatible
wastes in proximity, placed ignitable wastes in unapproved areas,
or disturbed cover or monitoring equipment.
3.1 General Considerations
While some provisions of the interim status standards are
applicable to all facilities, some are specific to certain types
of facilities. Therefore, an initial step is to identify those
standards, both general and specific, that are relevant to a parti-
cular facility. Following this, the risk of violating the standards
should be evaluated. These risks will vary depending on the type
of facility and the type of waste. Of particular concern is the
potential for an intruder to: (a) cause a spill, (b) mix incompat-
ible wastes or ignite ignitable or reactive wastes, or (3) damage con-
tainment or monitoring systems in a manner that would cause a violation.
An owner or operator of a facility can show that a spill would
not be caused by an intruder by noting such conditions as: (1) waste
138
-------
materials consist of a solidified and relatively immovable mass,
(2) waste containers are securely sealed and any valves are protected
from unauthorized operation or tampering, (3) containment and con-
duit structures (e.g., levees, dikes, pipelines) can not be breached
or diverted.
Conditions that would indicate that an intruder would be unable
to mix incompatible wastes or ignite ignitable or reactive wastes
would include: (1) the absence of these types of wastes at the
facility, (2) location of incompatible wastes in different areas of
the facility and provisions to guard against their transport (e.g.,
sealed containers too large to be moved by an intruder), (3) ignitable
*
or reactive wastes are covered in a manner that would prevent contact
with ignited materials such as matches or cigarettes.
Conditions that would indicate that an intruder could not
damage containment or monitoring systems that would cause a violation
would include: (1) containment or monitoring systems are inaccessible
to intruders (e.g., monitoring structures are covered by a locked
protective housing), (2) materials and design of structures (e.g.,
specifications of steel drums or concrete dikes) are such that
physical abuse by an intruder would not compromise container inte-
grity (e.g., cause punctures, cracks, uncovering of containers).
3.2 Barriers to Contact or Disruption
At some facilities, owners or operators may seek to demonstrate
that certain features at that site, such as cover materials or
139
-------
containers, would prevent direct contact with wastes and potentially
hazardous contact with equipment or structures. Cover materials
can be considered nonstandard barriers, in the sense that they are
not specifically mentioned in the standards. It should be noted
that the background document for security standards indicates a
strong presumption against weak or partial barriers to contact, such
as the six inches of daily cover applied to landfills. In the case
of containers, compliance with standards for storage would not pre-
clude potential disturbance and exposure upon unauthorized or
unknowing entry, so meeting standards should not be used as the
basis of an exemption.
In the case of burial or preventing physical contact by applying
cover materials, consideration should be given to guidance provided
in the background document for security standards. The background
document clearly states that the use of daily cover, usually six
inches in depth, does not constitute adequate protection. The
rationale for this determination is that even if a person or animal
entering the active portion of a facility does not come in contact
with waste materials, injury might be caused by falling into the
cell or by starting equipment, or the integrity of the cover might
be disturbed in violation of other RCRA standards. It would be
possible for an owner or operator to demonstrate that burial at a
sufficient depth, adequate grading, and safety precautions relating
to equipment and structures would effectively minimize hazard potential.
140
-------
Although an owner or operator might seek to claim exemption
based on certain structures meeting engineering specifications or
standards set by industry or government agencies, these standards
may not prevent disturbance of the waste or equipment or violation
of other standards. An example of this is a tank that meets all speci-
fications for both engineering and interim status but does not provide
complete protection against ignition of its contents by an unwary intruder.
3.3 Safety Practices Relating to Equipment and Structures
In addition to ensuring that physical contact with waste
materials would not result in the injury of unknowing or unautho-
rized persons or livestock or the violation of other RCRA regulations,
the criteria for exemption specify that the owner or operator of a
facility must assure that physical contact with equipment or
structures would not result in injury or violation of regulations.
Equipment and structure hazards are related to such factors as con-
struction materials, equipment or structure age, maintenance,
reliability of instrumentation and controls, and human error. Equip-
ment and structure hazards include, for example, the unauthorized
operation of facility vehicles, unauthorized opening of containment
structures, and tampering with controls or monitoring equipment.
Equipment and structure hazards are site-specific, thus general
guidance materials are unavailable in the literature. Safety
precautions, such as safeguards against unauthorized operation of
vehicles (e.g., locking ignitions) or tampering with controls or
valves (e.g., construction of secure housings) should be noted.
141
-------
4.0 INTEGRATED REVIEW OF FACILITY CHARACTERISTICS
A variety of factors must be considered when assessing the
hazard potential associated with unknowing or unauthorized entry to
the active portion of a facility. Criteria for a determination of
low hazard potential are summarized in Table 2. In general, analyses
pertaining to each factor involve professional judgement. In some
cases, for example, the evaluation of the integrity of hazardous waste
containers, published standards provide informative guidance. In
other areas, such as determining the hazard potential of wastes,
sources of guidance will vary in their applicability to specific
cases. For most other areas, specific guidance materials are lacking.
It may be difficult to determine, for example, when the burial of
wastes is at a sufficient depth to prevent access, or when compliance
with other interim status standards would not be jeopardized by an
exemption. In each instance, issues will have to be resolved on a
case-by-case basis.
It is probable, however, that few facilities will possess all
the favorable elements. No simple method is available for determin-
ing when a facility could be exempt.
4.1 Site A
4.1.1 Setting
• Landfill in a remote, relatively unpopulated region
• Six inches of cover material is applied daily
142
-------
£
4J
•H
xg
-------
-------
M
fc
1
fe
§
H
Z
K M
* 1
O
OS
£
•<
1
H
S
w
B
d
00
•o
3
O
n
u
u
o
B
<0 0
H e
•H
1-4 E
g.1
•H 4J
U QJ
•S
£
Factors
rapt Ion
V V
ft M
!h
o o
r
X
H
00
w
u
•o
re
N
i
**H
0
w
(0
It
tH
*l
0 w
to
c B
(0 fll
B -0
W tJ
£ n
4J
n i n
01 H «
•H M S
4J 01
iH Li w 01
tO 0) -H B
o e.iH -a
•HO w
B H 01
Ji ft!o 0
c. «i -o re
H IH f-i .C
c E N re OD
re S re > c
B «C tfl OJ
iH iH
n o ui B
U W O O IM
•H B O
I S g"8 B
*C «H 10 OB
u IH w B *H 3
o a ,c wo
o B -H 01 en
•H IH w -H a
3 to -H cn EN
01 !>i w w C A
•H — I 6 S 0) 01 .C
> a u M w
Cl S *O IM 3 0) 10
a re HOW o f<
3
•H
01
I*
•gl
2*
u w
IH
"to S
•H LI
B
>-, W
X 0
Gu C
•2
a
N
S
IH
O
B
O
•H Li
B "S
•H M
fife1
01 H
OJ O
a u
B
E
•S c 5*1
re -S St -H -o
u n -H w s o B
0) iH 0) U w O 3
*S 43 2 2 w1 B »T «
H b> B 0) C W 0} 3 W
cn o H u o H E
•H H H U 3 -H E
B O, B iH W -H
n 01 U ffl 3 OJ OJ
J* jj -E *^ «H •£ M T3 W
g>-, «! U -H
tH B f C W
•rt H 01 iH O "H O
W E B 00 4J
nw OOICIOWEBIO
C *O S 0 01 01 H HtH B tJ
OS woip.aoovHs.a
IX W B
i o) iH i c re i
Si-IIPfi CO S BIM
M-llOUO OKU > J= O O C It)
UOB3M u 01 O 01 C O O 01 C IH
>oiw je ing K-HIO "art eoo
OWBB'tf O P-> H O -H U j! O —1 O-HO)
§E H y BiHOISB C J3 O iH B3 COH
C N « O O 0) -H 01 0 -H OBM OW 0 rH O
WUOBO WEBB at WB J> we wnao)
(K ^fcjLi BOIIHRJWW B01» fl BB 00
uai-Hup. UB s re re UUBW UIH u HB
fHBB*HO fHBfEOJW (OfHBdC1 *H iHCJ (H
u. ro IH re i-i a w> -o oi a n -c g a 01 asnoo
c. 3 o H re a oj -HUQIW a-n pa a u a B E
B H C BfWWdwWB M-H BE re O-O
On WBUBi^O) W3 Ot tD «>HOJ
e re re 01 rH E--CME-HWEB EIM-H guBO
01 >E *Q B ^ 0) to tfl h B >E O 01 «C 4J E 01 IH 01 w *H
a o 01 ffl a BO w au •H a 01 re a o c
3 -H 3 -D J= 3 B-HM san j: J3 BOI-H
O *H h B E* O 3 IH r—t 0 M4J O OJ ODjCJtn
B t3 O "H CD O •£ T3 4J B B 3 *H 00 01 *C *H 0)
SE-H -o i- 3 reoJo^gcwccscro 9 ^^ -H
>WBBBE >OaE>CW >4JLi 3 >ME >IH f
« -o o B « w o: H H -H u o E B2-UIOO.C ss w g PSBO>
o
J> E
*-H *H «H B
ft W BO E
•H (t) W(0CCW
OH LJ-rtiH BOOB M«
0 O O O SO4JO.H
B 01 W -H * W OJ
oJ -HOI occ> re -o o) a
B iH re 01 IHMOlMO
3 X J= ii°> O W H «
re -H re 8 p. tooi-e
v EJJ -O-HOI ^>oj8
•H 310 4JWOOIN
U WB WCT3 -HEULi-H
go M o o) re i-io> su
C -H CO -rli"WC
00 ^ iP 1-4 U X
•O -CO) -OB-O BOOtOSW
iH »HW iH-HrH BB-HHS
§3-HB 3 H 3 BBU WB
OEC1 OOp OJB3 toe
U UOOW O H J U E J= 3
•H B "H C) "O 00
H H 10 UBw BOO.BEB
c> o,1 i- > o) o re Bwai re o -H
•D T3 O T3 B j: -HOJ hh
53 B 01 3 W OD-a B IH 01
H> HIW *HC aifr
w WB*H WOM B*H^iH'CE
B BOJ4J CO) hw-UOIB
CO 10 BB BiH. .CO
B c re oJ CUB a) ai OJ aioiH
IM
& H
n ci
2 B
H
IM n
O H *O
E w
e .e S
o w -o
•HOB
w B
Sw a
0 S
01 iH W
w o a
0) -H W
O £> to
143
-------
• Wastes are toxic as determined by the extraction
procedure (EP) of Appendix II, 40 CFR 261, with
greater than 100 times the drinking water standard
of chromium.
• Precautions have been taken at the facility to pro-
tect equipment and structures from unauthorized
operation or tampering.
4.1.2 Condition
• Facility has no security system
4.1.3 Suggested EPA Decision
• Demonstration is inadequate
Although the facility is located in a remote area, the potential
still exists for a person or animal to gain access to the active
portion of the facility. Such unauthorized entry may be unlikely
to result in injury since chromium is not usually toxic on contact.
However, the potential exists for the disturbance of cover materials,
resulting in a hazard. This would indicate the. potential for viol-
ation of the interim status standards. The facility could be
required by the Regional Administrator to install adequate security
or increase depth of cover.
4.2 Site B
4.2.1 Setting
• Waste pile located on-site at a chemical manufacturing
complex
• Waste pile is covered by a secured tarpaulin
• Physical analysis shows that waste dries to a con-
solidated, concrete-like mass
• Precautions have been taken at the facility to protect
equipment and structures from unauthorized operation
or tampering.
144 '
-------
4.2.2 Condition
• Waste facility has no separate security
4.2.3 Suggested EPA Decision
• Demonstration adequate
Although unknowing or unauthorized entry to the waste pile
has not been prevented, physical contact with the waste material
would be unlikely to result in injury of the intruder. Further, due
to the consistency of the waste, it is unlikely that tampering with
the tarpaulin covering the material would result in a violation of
other interim status standards.
5.0 REFERENCES CITED
Johnson, M.C. 1977. Methodology for Chemical Hazard Prediciton.
U.S. Department of Defense Technical Paper No. 10. Washington,
D.C. 75 pp.
Knapp, M. Personal Communication by telephone on 14 June 1980.
Section Leader, Waste Management Division, Nuclear Regulatory
Commission, Washington, D.C.
Sax, N.I., 1979. Dangerous Properties of Industrial Materials.
Fifth Edition. Litton Educational Publishing, Inc., Van
Nostrand Reinhold Co., N.Y.
145
-------
APPENDIX A
INTERIM STATUS STANDARDS FOR SECURITY
??65.14 Security.
(a) The owner or operator must
prevent the unknowing entry, and
minimize the possibility for the
unauthorized entry, of persons or
livestock onto the active portion of his
facility, unless:
(1) Physical contact with the waste,
structures, or equipment with the active
portion of the facility will not injure
unknowing or unauthorized persons or
livestock which may enter the active
portion of a facility, and
(2) Disturbance of the waste or
equipment, by the unknowing or
unauthorized entry of persons or
livestock onto the active portion of a
facility, will not cause a violation of the
requirements of this Part.
(b) Unless exempt under paragraphs
(a)(l) and (a)(2) of this Section, a facility
must have:
(I) A 24-hour surveillance system (e.g.,
television monitoring or surveillance by
guards of facility personnel) which
continuously monitors and controls
entry onto the active portion of the
facility; or
(2)(i) An artificial or natural barrier
(e.g., a fence in good repair or a fence
combined with a cliff), which completely
surrounds the active portion of the
facility; and
(ii) A means to control entry, at all
times, through the gates or other
entrances to the active portion of the
facility (e.g., an attendant, television
monitors, locked entrance, or controlled
roadway access to the facility).
[Comment: The requirements of
paragraph (b) of this Section are
satisfied if the facility or plant within
which the active portion is located itself
has a surveillance system, or a barrier
and a means to control entry, which
complies with the requirements of
paragraph (b)(l) or (b)(2) of this
Section.]
(c) Unless exempt under paragraphs
(a)(l) and (a)(2) of this Section, a sign
with the legend, "Danger—Unauthorized
Personnel Keep Out," must be posted at
each entrance to the active portion of a
facility, and at other locations, in .
sufficient numbers to be seen from any
approach to this active portion. The
legend must be written in English and in
any other language predominant in the
area surrounding the facility (e.g.,
facilities in counties bordering the
Canadian province of Quebec must post
signs in French; facilities in counties
bordering Mexico must post signs in
Spanish), and must be legible from a
distance of at least 25 feet. Existing
signs with a legend other than
"Danger—Unauthorized Personnel Keep
Out" may be used if the legend on the
sign indicates that only authorized
personnel are allowed to enter the
active portion, and that entry onto the
'active portion can be dangerous.
[Comment: See § 265.117(b) for
discussion of security requirements at
disposal facilities during the post-
closure care period.]
Source: Federal Register, 19 May 1980. 45 FR 98: 33235.
146
-------
C. VARIANCES AND DEMONSTRATIONS
CHAPTER 6--VARIANCE TO GROUND-WATER MONITORING
Part 265, Subpart F, S265.90(c)
1.0 INTRODUCTION
1.1 Purpose of this Chapter
The interim status standards describe a specific ground-water
monitoring program which must be implemented within one year of the
effective date of the regulations (i.e., by November 19, 1981) at
surface impoundments, landfills, and land treatment facilities used
to manage hazardous wastes. An owner or operator may choose to pre-
pare a written demonstration justifying a full or partial waiver
from some of the monitoring requirements. This demonstration must
be certified by a qualified geologist or geotechnical engineer and
must show:
"that there is a low potential for migration of hazardous
waste or hazardous waste constituents from the facility via
the uppmost aquifer to water supply wells (domestic, in-
dustrial, or agricultural) or to surface water. This demon-
stration must be in writing and must be kept at the facility."
(Text of 40 CFR 265.90(c) is in Appendix A.)
The regulations discuss the general types of evidence needed for such
a demonstration but do not present detailed engineering or methodology
requirements. To do so would be impractical at this time in the
regulatory process, given the wide range in site conditions.
Written justifications will be evaluated in two circumstances:
when the facility is inspected and when the permit is being issued.
The demonstration must be submitted with Part B of the permit applica-
tion; it need not be forwarded to EPA at any earlier point. It
should be stressed that if the demonstration is inadequate, enforce-
ment action could be taken against the owner or operator for
147
-------
violating interim status requirements. This may lead to requiring
the collection of additional supportive information or compliance
with full monitoring requirements.
This chapter is aimed at simplifying some of the problems of
evaluating written demonstrations. Discussion centers on those
factors which will be used by regulatory officials for evaluating
the justification of a waiver. Written justifications for partial
waiver should show that there is a low potential for migration of
contaminants to points of use (such as water supply wells) or surface
water bodies. A full waiver can be considered only where no potential
for contaminant migration exists. Since ground-water quality standards
have not been set by EPA, the existing quality of ground waters in the
vicinity of the facility is not an issue which will be addressed in the
evaluation. This guidance on waivers provides an overview of ground-
water analysis derived exclusively from the interim status standards.
Permit writers or EPA analysts can then evaluate the characteristics
of sites under interim status review on the basis of these factors.
This overview complements the discussion of the specifics of ground-
water monitoring technologies included in the "Permit Writers Manual"
(i.e., "Technical Permit Writer's Guidance Manual for Ground-Water
Protection Monitoring Systems at Hazardous Waste Treatment, Storage
and Disposal Facilities").
1.2 Technical and Regulatory Background
The background document for ground-water monitoring and the
preamble to the Subpart F regulations provide informative policy
148
-------
guidance on evaluating demonstrations justifying the waiving of
monitoring requirements. The former, for example, states that most
sites in the U.S. will require monitoring according to the published
standards. It is also mentioned that at some sites in the south-
western U.S., where evaporation rates are high and water tables deep
(two factors which, as discussed later, reduce contaminant migration
potential), some or all monitoring requirements may be waived.
Design guides and manuals published by EPA provide additional
help in site evaluation. The "Permit Writer's Manual," currently
in draft form, provides the most significant guidance on the state-
of-the-art of ground-water monitoring. The manual is supported by
EPA's surface impoundment assessment manual (Silka and Swearingen,
1978) and EPA's earlier ground-water monitoring manual for solid
waste sites (U.S. EPA, 1977). A study by Roy F. Weston, Inc.
(1978), focusing on the variety of available pollution prediction
techniques, is another valuable source. The upcoming permit writers
manual will also contain an extensive bibliography of ground-water
references.
1.3 Organization of this Chapter
In this chapter, each of the principal factors that are a part
of an evaluation of a demonstration of low potential for contaminant
migration is discussed. These factors include:
• Water balance
• Unsaturated zone characteristics
149
-------
• Saturated zone characteristics
• Proximity of water supply wells and surface water
The nature of the waste materials or specifics of site design are
specifically excluded as bases for consideration of a waiver, accord-
ing to policy presented in the preamble to Subpart F. EPA cites
insufficient knowledge of these factors as the primary reason for
their exclusion.
Specific situations which hinder the release and movement of
contaminants or which allow favorable acceptance of some contaminants
are highlighted in the text and summarized in Table 3. This section
concludes with examples of how separate factor analyses can be
effectively combined. This chapter does not describe the technical
procedures for determining the factors (e.g., the relative merits of
various drilling techniques), a subject which is thoroughly treated
in the permit writer's manual.
150
-------
2.0 GEOLOGIC AND HYDROLOGIC FACTORS AFFECTING CONTAMINANT
MOVEMENT
2.1 Contaminant Movement in the Unsaturated Zone
2.1.1 Water Balance Peterminations^
Several characteristics of the near-surface environment of a
hazardous waste site will affect the quantity of pollutants which
would be available for ground-water recharge. These include the
amount of precipitation which falls on the area, the amount which runs
off the ground surface, the amount which enters the soil column but
is returned to the atmosphere as evapotranspiration, and finally,
the amount which recharges the underlying saturated zone. In some
dry locations in the western states, for example, recharge to ground
waters rarely occurs since evapotranspiration is so much higher than
precipitation. This setting contrasts with that of the northeastern U.S.,
where annual precipitation greatly exceeds evapotranspiration.
Simple water balance equations are often used to calculate po-
tential percolation at waste management facilities. A methodology for
evaluation of solid waste disposal sites is presented by Fenn et al.,
(1975). As an example of this approach, potential percolation was cal-
culated for three locations (Table 1). On an annual basis, the equations
simplify to:
Precipitation - runoff = infiltration;
Infiltration - actual evapotranspiration = percolation
Where percolation is calculated as zero or a negative number, then it
is unlikely that any leachates initiated by precipitation will travel
151
-------
C/3
& *
O c/3
H <
E-J U
tJ <
6 H
i-5 53
,
l-i
(U
(X
to
M
CO
4-1
(U
1
r-l
rH
•H
a
s_x
CO
•W
c
0)
fi
0
(X
s
o
U
01
o
a
H
C8
PQ
V4
CO
4J
1
c
o
t(-i
4-1
n)
^H
o
o
I_J
M
(U
PM
C
O
•rl
4J
n)
M
•rl
CX
CO
d
5
M
4-1
O
tx
rt
>
u
o
•rl
4-1
n)
rl
4-1
r-l
,_i
•n
U-4
C
M
4-1
>4-l
O
I
ti
•3
4-1
R)
4-1
•H
•^
0
0)
rl
d<
ti
0
•rl
4J
cd
CJ
a
rO O O
_^ r^
S ^
/-*N
A
00 CM «*
m r~ ro
VO r-l 01
rH
7
^^
CM CO •&
r-l r-l
^,
in CM oo
CM »tf l^»
O CO CO
r-l r-l
m o
O
A
J W
•H E CU
4J rH
_•
H
-g
§
••
f^.
H
r^
1
M
_;
.
^
r
o
•
o
.:
I
:
0
£
-0
-------
past either the root zone of cover vegetation or the topmost soil
layers.
Reviewers of water balance calculations should check basic data
included as a basis for the demonstration. All assumptions, calcula-
tions, basic parameters and methodologies should be documented. Run-
off can be estimated from regional maps, but it can be determined more
accurately with such on-site data as soil type, vegetative cover and
slope. Evapotranspiration estimates are particularly subject to inter-
pretation and will vary depending on the methodology employed. It is
preferable, therefore, to compare estimates from at least two procedures.
Variations on the water balance equation are well suited to
landfill disposal and land treatment operations. For the latter case,
the liquid application rate must be added to precipitation. The most
difficult property to determine in the equation is the evaporation
or evapotranspiration rate. The evaporative properties of impounded
hazardous waste liquids will undoubtedly deviate from open water estimates
usually published in engineering guides and atlases. Evaporation rates
are comparatively higher at surface impoundments containing volatile
organics. Oily liquids and similar film-forming chemicals usually
have relatively lower rates.
2.1.2 Unsaturated Zone Characteristics
The thickness of the unsaturated zone is another important factor
in evaluating the potential for contaminant migration. If geologic
153
-------
materials are similar, the relatively thicker unsaturated zone will
provide a comparatively larger storage area for percolating fluids.
As a result, more time and surface area would be available for attenua-
tion mechanisms to act. There are, however, no uniform standards for
total unsaturated zone thickness. If the unsaturated zone is thin,
however, high seasonal ground waters or reduction in ground-water
pumping in the region could allow direct contact between hazardous
materials and the saturated zone.
A useful parameter for site evaluation is the hydraulic conduc-
tivity of unsaturated materials. Geologic materials with high hydraulic
conductivities may transmit spills of hazardous waste liquids too
rapidly for counter-measures to be effective. Roy F. Weston, Inc.,
(1978) notes that several states, such as California, Illinois, Minne-
sota, New York and Pennsylvania, require maximum hydraulic conductivi-
-7 -8
ties of 1 x 10 centimeters per second or 1 x 10 centimeters per
second for hazardous waste containment. Unfractured clays, shales and
similar rocks frequently exhibit these characteristics. Most geologists
and engineers would consider these values to be favorable for hindering
contaminant migration. Silka and Sweairingen (1978) stress that hydraulic
conductivities must be interpreted along with unsaturated zone thickness.
Highly permeable gravels, even if more than 30 meters thick, were identi-
fied in the high monitoring or high pollution potential category based
on their system. Poorly permeable clays would also fall in this category
if they are very thin (i.e., less than one meter). Favorable factors
in an assessment of low contaminant migration potential would, therefore,
154
-------
include both adequate thicknesses and low hydraulic conductivities
of underlying geologic materials. As discussed more completely
in the section on saturated zone characteristics, test methods
employed for determining hydraulic conductivities should be examined
closely.
2.2 Contaminant Movement in the Saturated Zone
2.2.1 Saturated Zone Characteristics
The saturated zone is of particular significance since it is the
horizon where ground waters are used for water supply. The two most
important physical factors of the saturated zone are thickness and
permeability (or hydraulic conductivity). A thicker saturated zone
will allow greater dilution in background waters, all other things
being equal. This statement should be qualified for two important
reasons:
• Some waste plumes because of low overall density or,
in some cases, their entrance near ground-water dis-
charge zones (see Freeze and Cherry, 1979) exhibit
little mixing,
• Thicker saturated zones are often associated with
aquifers tapped by drinking water wells, a contrast-
ing property.
No broad-based thickness classification systems are appropriate for
determining pollution potential.
The hydraulic conductivity of saturated materials is a principal
design factor for site assessments. As mentioned earlier, many state
agencies require maximum unsaturated and saturated zone conductivities
—7 —8
of 1 x 10 to 1 x 10 centimeters per second for hazardous waste
155
-------
disposal. These figures are characteristic of poorly permeable, clay-
rich sediments, or some unfractured bedrock. While some geologists
consider conductivities of 1 x 10 in this category, the states cited
by Roy F. Weston, Inc. (1978) usually permit such sites for municipal
solid wastes rather than hazardous wastes. Examples of how these
values affect the rate of contaminant movement are displayed in Table 2.
A modified form of Darcy's law was used in the calculations. The
examples support the contention that finer-textured sediments slow the
spread of contamination. Transport rates are less than one inch per
year in the clays, about 120 feet per year in the fine to very fine
sands, and a rapid 1.6 miles per year in the sands and gravels. Another
factor which affects contaminant migration, watertable slope, is also
highlighted in Table 2. Greater slopes will, of course, allow faster
movement.
Undoubtedly the most difficult factor to determine accurately in
this method is hydraulic conductivity. Unlike determinations of ground-
water elevations or soil textures, conductivity determinations on the
same materials differ widely depending on the test method employed.
Reproducing field conditions is especially complex. Three principal
procedures are available (these are fully discussed in the permit
writer's manual):
• Analogies to published values - Drillers' logs or geologists'
reports of site materials can be compared to published tables of
conductivity values. These published values rarely include the exact
sediment, rock types, or mixtures of geologic materials found in
156
-------
CM
a
sa
H
^-1
1-H
^
H
H
CJ
fag
o
°g
r^g
R 5
3§
o
>< erf
"13
pT_( «^J
O 3
1
to Q
H a
o t>
e§
pn cj
p*
W O
f3to
fc H
O ^4
PH
C/3
s§
&
S CO
3 M
^s {«3
W ^j
•
^
H
H
•<1
M
P
w
HD
d
H
1 t
1 L
s
53
j>
Q
s
M
(U
4J
cd
f
T^J
§
o
M
00
o
0)
4J
CJ
•H
•H
U
.
CJ
3
1
0
CJ
1— |
ofl
•rl
rl
CU
4_J
^
^
Pj
•H
m
•
o
rl
^
"g
n
rH
m
o
•
CM
O
*
CJ
cu
CO
^*^
a
0
I***
1
o
rH
^
i-H
cd
rH
£,
4J
CU
CU
<4H
O
•
rH
CM
fc
1
co
o
X
n
*»
o
rH
CM
O
{J
Q)
CO
•s^^
a
o
m
i
o
1-1
X!
rH
T3
§
CO
cu
a
•H
4-4
r*t
rl
Q)
^>
O
4J
CU
•S
p4
rl
•^
CO
cu
i-H
•H
a
vO
•
i-i
M
•»v^
a
o
LO
o
rH
m
CM
m
CM
•
CM
O
O
CU
co
•n^^
a
CJ
rH
1
O
rH
X!
rH
1
co
cu
co
rl
cd
o
o
• M
r*H
Q)
cd
M
O
B
oo
rH
n
§
00
rt
•H
>wear
\jj
j
•
H
C
cd
•
P^
•
rJ
JS
i-H
•H
• •
CU
CJ
O
• *
K"I
rH
a
o
CO
cu
CO
O
a
3
a,
cu
•H
4J
cd
rl
4-1
CO
3
rH
rH
•iH
M
0
14-1
a
•K
157
i-H
cd
4-1
o
N
•H
M
0
4J
O
o
1
o
o
i-H
cd
rl
CU
^
o
a
•3
4J
cd
rH
CU
CU
i-H
cd
4-1
rl
CU
4J
cd
IS
rj
•H
&
o
rl
rH
cd
4-1
rl
CU
4J
O
o
14-1
1
CM
cd
• A
4-1
rj
CU
•H
•a
2
rH
c
O
co
cu
w
o
a,
M
3
a.
cu
K
•rH
4-1
cd
M
4-1
CO
rH
ClOrH
0
•H
i-H
3
cd
1-1
^*>
•^
ca
cd
0
4J
CU
M
rl
CU
MH
CU
O
co
,
00 M
CU
• |* ,£3
CJ
s*^
*^ T3
cu
/-x N
^ CU
>^/ 0)
II fe
> a
o
•« M
cd ^
rH *^
dl
co >
- -H
f^ Vl
U CU
rl 13
cd
n w
cd
4-1
o •«
13
C -<
•3-S
co >%
M
CU U
> -rH
-d -H
CU O
•rH CU
M-l CO,
•H CO
O •!•
cd C
cu
,C -H
4J rrj
•H Cd
13 M
00
HI CJ
4-1 -H
Cd rH
rH 3
3 cd
U M
rH T3
CO E^»
•n-
-------
specific field locations, however.
• Laboratory tests of actual field samples - Soil or rock
corings taken from the hazardous waste site can be tested in the
laboratory using a variety of techniques. The principal problem
is in reproducing field conditions in the laboratory. Most cores will
be extremely disturbed and reoriented before testing. Some methods
of undisturbed sampling and testing appear promising. These will
probably be described in the permit-writers manual.
• In-situ field tests - Field procedures range from short-term
"slug" tests, where a small volume of water is added or removed from
the well and the well response is noted, to long-term pump tests (see
Freeze and Cherry, 1979, for details). Field tests may be given anomal-
ously high values if the packing material around the well is thick and
more permeable than the surrounding sediments. Similarly, field tests
may produce lower figures where the well contacts fine-grained materials
which plug the well screen openings.
Considering these complications, it would be best if the written
demonstration include estimates of hydraulic conductivity from at
least two methods. To be safe, the highest conductivity values should
be used unless there is evidence that such figures are unrepresentative.
2.2.2 Proximity to Water Supply Wells or Surface Waters
A favorable factor for a demonstration of low potential for con-
taminant migration would be the lack of water wells in the vicinity of the
hazardous waste area. As documented in Table 2, factors such as hydraulic
158
-------
conductivity and watertable slope strongly affect the rate of con-
taminant movement. Thus, both time and distance to nearby wells is
important. Extra care should be taken to see whether wells down-
gradient of the site are tapping aquifers which could be polluted.
Since waste facilities can cause ground-water mounding, leading to
a reversal of gradients, some originally upgradient wells should also
be examined.
The Subpart F regulations recognize the potential interconnections
between aquifers at different depths. The potential for contamination
of relatively deeper aquifers is usually low if, for example:
• The two aquifers are separated by thick, impermeable strata
and no other hydrologic interconnections exist (e.g., abandoned, poorly
sealed wells).
• The hydraulic head (the level to which water will rise in a well)
of the deeper aquifer is higher than that of the upper water zone and
will remain so throughout the project and post-closure planning period.
Several sections of the country rely on ground water as the only
economically feasible drinking water source. A few of these aquifers
(such as those beneath Nassau and Suffolk Counties on Long Island;
Spokane, Washington; and the Edwards Aquifer area of Texas), have
already been designated as sole source aquifers under the Safe Drinking
Water Act. Many others are under consideration through the program
administered by EPA's Office of Drinking Water. Considering the signifi-
cance of sole-source aquifers, therefore, the presence of such an aquifer
beneath a hazardous waste site would be a serious deterent to that site
159
-------
being declared to have low potential for contaminant, migration
to water supply wells.
In most states in the humid regions of the U.S., streams and
lakes are sustained by continual, local ground-water flow. Subsurface
contamination in these areas poses a potential for fostering surface
water quality problems. In contrast, streams in many western and
southwestern states originate in mountainous areas but lose runoff to
ground-water zones in the balance of the downstream watershed. Flow
paths for ground-water discharge tend to be much longer, and local
contamination of surface waters is less likely. In general, the latter
settings constitute a lower contamination potential. Since no uniform
surface water standards have been adopted by EPA, these have not been
included in the interim status standards.
160
-------
3.0 INTEGRATED REVIEW OF SITE CHARACTERISTICS
As discussed earlier, many geologic and hydrologic factors must
be considered when assessing a site for contaminant migration potential.
The principal criteria which support a demonstration of low migration
potential are summarized in Table 3. Factor analysis will involve some
degree of professional judgement. There are, for example, generally
acknowledged ideas of what constitutes "low" hydraulic conductivity. In
contrast, it is difficult to say when an unsaturated zone is "thick
enough," when water wells are "far enough away" or when surface waters
will not be affected. Until there is a more complete understanding of
the hydrologic aspects of hazardous waste management, many of these
issues will have to be resolved based on a case-specific review by
qualified professionals.
The preamble to Subpart F states that demonstrations supporting
a full waiver must show no contaminant migration potential while those
supporting a partial waiver must show low contamination potential. No
simple system is available for determining how many factors must be
present to justify varying degrees of exemptions. This problem is further
complicated by the wide range in site conditions. Three hypothetical
scenarios of hazardous waste management are presented to show the type
of logic which may be used in regulatory analysis. The examples include
only the summary points of what would be a much more detailed written
demonstration.
161
-------
ir^
M H
ERMINAT
N POTEN
EH O
W M
/-\ e^
t"J
§ 2
a 3
4J
u co
B CO
SC
3
•H
§41
j:
4J 4J 41
B e
55 S
•4
1
CO
•n vi
41 4J
2 2
3 «
CO CO
CO 41 CO
3 JB Cd
determining whether the
zone is of adequate thic
polating from off -site d
i
o
41
00
*
0)
•as
« a.
rH 41
CO VI
8 «
00 41
*• O ft
00 rH rg
C Q 3
•H 41 4J
rH 00 CO
rH
M CO CO
•o c o
O -H
U -H CO
CO 00 X
41 CU X
CO
41
x e
-0 0
5^
CO 4)
VI CO
41 Vl
B U
3 CO
CO
X B
4J 3
•H
rH ~&
•H CJ
CJ 1-1
CO A
U-t 4J
CN
CO
rH
5
h
00 •* 4)
53 i a
SS^S1
4J y > e
a 01 4)-3
a "a 41 4J
•3 u co co
W •• CO U 41
CO 0 OJ -H
o e « -O u
5 41 0 -H
deciding how close final
match true field conditi
which of several estlmat
deciding how to handle m
ductivities and variabil
.^
CO 1
4i a
•s a
CU rH CO CO
4J CO 4J
•H > O CO
CO U 41
13 -H 4J
a m co
41 JS 3
4) CO B 4->
3 -H S -H
4J rH Cfl
CO 41
oi 8
41 > CO CJ
§u aso
£001
14 U 3 O
•H tJOO rH
•a 3 fi i
41 O O CO
4J Cfl CJ rH CO
CO rH
VI CO CJ O X
3 -3 -H u 00
4J VI rH *H
301 31— &
U CO 1
e co vi o n
3 a TJ rH CO
m
a
•8
A
=f
•H
a
•H
IM
§
CJ
CD
CO
determining leakage aero
if data are limited
t
41
Vl
•38.
O QJ
O H
CJ
• * *H
00 00
33
i-4 00
Vl
13 rH
u §
S3
4) CU
A CU
CD
oo -a
c
•H TJ
5 §
"fi 3
30
rH
rH
U-l CO
O A
CO
41 CO
CJ fi Vl
B 3 41
CO 3 -ri
41 4J 3
Vi 41 CT
O.J3 CO
rH
1
41
O 41
O
U_gN
CO 4J rp
541
B W
B *H cQ
21-
*J 9
CJ d U
O 9 A
09
1
5
3 vi
J3 U4 Q CO
0 0 JS >
u
CO J2 00*rj
CO J2 >Q
41 3 -H CO
4J CJ OJ
JOB 01 -H
S^ii
4J 13 ••» &
41 CJ 41 CO
CO 4J 41
•a i-i u
§41 CO
J= 3
Sco e w
IH 8 -rt
W rH CO
41 ,fi 0) t
(X CO 5
CO 41
41 -a 4J e
•H S H
00 CO ^J O
O CO IM
rH CO rH Vl
B co u a
CO -ri 0
Vl 3 •«
3 41 -e co
CO 4J 6 0
VI 0 O rH
^ S cj ex
• CO
I 41 a.
"S js'-rt J
>-» Vl
"OS 01
eu o co ex o
CO rH 01 41
0 -H — CO
(X X 4J CJ -»
S VI i-t 4) 3
O 41 > « CJ
SJ3 O O 1
4J 3 O
O -H "OeO rH
N 3 C 1
O O CO
•Q CO O rH CO
41 rH
4J CO 0 O JS
CO -3 iH 4-1 00
3 41 3r- X
u u \ Vl
CO -0
•H a
4J
Vl CO
U-l O CO
•H CO Vl
3 i-l 41
CO 9M-I
rH 3
U rH CT
CO CO CO
O CJ
a IH vi
41 3 ex
ex co 41
ex Vi 41
3 1} rg
CN
CO
oo
Vl
i
1
u
Vl
CO
01
some facilities may be n
of aquifer recharge area
CO
VI
41
•M 13
•H 41
8-1 §
CO CO i-l
4J
•U T3 -H
O 41 4J
4J CU
CO CO CX
4J B
CO 00 fi
•H -H 4)
"* S J
2 41 B
M C > S
41 CO -H
0 41 JS 4J
4J J3 CO
U fi
4) 41 « 00
U > tC iH
B CO U CO
41 J= 41
Vl 41 -O
CU W CO
U-l « Q VI
CU £ £ O
CO
VI
41
•H
3
cr
41
CJ
Vl
3
O
0)
41 u
rH B
CO CQ
41
O VI
fi a
C"l
O 4J
-2-3
41 CO O
00 3 fl
CO 41 U-l
J -0 •*
o a -a
•H 00 41
ij)
since most ground waters
surface waters, determin
separation distances may
i 1!
fl
oo <£
5 £
rH ••
VI B CO
TJ 01 4J
8 VI
U 41 O
CO Vl O.
41 3 41
Vl 4-1
01 O
U B
SrH
rH
•0 1-1
B 3
Vi 4J 4)
00 -rl U
u .H i
(M *rt 9
"SU
C u-i 0
6 co
4J .B Vi
S" S
•rt X
a u u
3 Rl ri
CQ CQ U
U 41 41
§6 U*
§
-------
3.1 Site A
3.1.1 Demonstration of Geologic and Hydrologic Conditions
• Desert basin in a southwestern state
• Test drilling at an adjoining construction site has shown
that the watertable is 100 feet below the ground surface and the
unsaturated and saturated hydraulic conductivities are very low.
These conductivities were established by field and laboratory testing.
• Surface waters from a reservoir ten miles away are used for
all drinking water purposes.
• Local streams flow only after rainstorms and are not recharged
by ground water.
o No wells are located on-site and the only old wells in the
area were abandoned due to inadequate supply.
3.1.2 Requirements Requested to be Waived
• Waive monitoring program entirely
3.1.3 Suggested EPA Decision
* Justification adequate
The applicant has provided enough data to indicate that little
infiltration is likely, that subsurface movement is slow, and that
ground water is not used for a water supply nor does it support sur-
face water flow. These are all favorable factors to a demonstration
of no contaminant migration potential.
3.2 Site B
3.2.1 Demonstration of Geologic and Hydrologic Conditions
163
-------
• Southeastern state with a locally growing industrial base.
o Pre-construction drilling and testing have identified a
shallow, thin aquifer separated from a deep bedrock aquifer by 25
feet of shale with a very low hydraulic conductivity. The hydraulic
head of the deeper aquifer is just above that of the uppermost
aquifer.
0 Only the deep aquifer is used for water supply. Some domestic
and industrial wells are found within two miles of the site.
• Local surface waters are supported by springs which arise
from the deeper aquifer.
3.2.2 Requirements Requested to be Waived
• Waive monitoring program entirely.
3.2.3 Suggested EPA Decision
a Justification inadequate
Although a shale bed with low hydraulic conductivity is present,
the hydraulic head relationships may change in the future. Expanded
development of industrial water supplies in the future could lead to
a net downward gradient of contaminants from the uppermost aquifer to
the deeper source of supply. Surface waters might also be threatened
under these conditions. The data do not support the removal of the
safeguards of the ground-water monitoring program in this case.
3.3 Site C
3.3.1 Demonstration of Geologic and Hydrologic Conditions
• Northeastern state
164
-------
• No subsurface investigations have been carried out on the
site or on neighboring properties. Maps of the surrounding area and
regional geologic reports indicate that the site is underlain by
between 5 and 20 feet of clay-rich glacial till and, below the till,
a 40-foot thick coarse sand and gravel aquifer.
• Many wells in the region tap the sands and gravel, although
the closest "upgradient" and "downgradient" wells are about one mile
away.
• No monitoring wells are located on-site.
3.3.2 Requirements Requested to be Waived
• Waive the requirement for on-site monitor wells,
• Utilize the existing drinking water wells for monitoring.
3.3.3 Suggested EPA Decision
• Justification inadequate
Although the clay-rich layer could retard pollutant migration
to water supply wells or surface waters, the existence, thickness
and hydrogeologic properties of this layer have not been verified.
This would be a crucial feature since the underlying aquifer is already
tapped for drinking water purposes. Contaminants could travel quickly
through saturated sections and, if first detected at the drinking water
wells one mile away, would constitute a major contamination problem.
The evidence justifying a waiver from the monitoring requirements is
inadequate and the potential for contaminant migration too great to
allow deviation from the program designated in the interim status
standards.
165
-------
4.0 REFERENCES CITED
1. Fenn, D.G., K.J. Hanley, and T.V. DeGeare, 1975. Use of the
Water Balance Method for Predicting Leachate Generation from
Solid Waste Disposal Sites. EPA/530/SW-168.
2. Freeze, R.A. and J.A. Cherry, 1979. Groundwater. Prentice
Hall, Inc., Englewood Cliffs, New Jersey.
3. Silka, L.R. and T.L. Swearingen, 1978. A manual for Evaluating
Contamination Potential of Surface Impoundments. EPA 570/9-78-003.
4. U.S. Environmental Protection Agency, 1977. Procedures Manual
for Ground Water Monitoring at Solid Waste Disposal Facilities.
EPA 530/SW-611.
5. Weston, Roy F., Inc., 1978. Pollution Prediction Techniques for
Waste Disposal Siting - A State-of-the-Art Assessment. U.S.
Environmental Protection Agency Final Report, Contract 68-01-4368.
APPENDIX A
INTERIM STATUS STANDARDS FOR
WAIVER OF GROUND-WATER MONITORING REQUIREMENTS
(c) All or part of the ground-water
monitoring requirements of this Subpart
may be waived if the owner or operator
can demonstrate that there is a low
potential for migration of hazardous
waste or hazardous waste constituents
from the facility via the uppermost
aquifer to water supply wells (domestic,
industrial, or agricultural) or to surface
water. This demonstration must be in
writing, and must be kept at the facility.
This demonstration must be certifies by
a qualified geologist or geotechnicai
engineer and must establish the
following:
(1) The potential for migration of
hazardous waste or hazardous waste
constituents from the facility to the
. uppermost aquifer, by an evaluation of:
(i) A water balance of precipitation,
evapotranspiration, runoff, and
infiltration; and
(ii) Unsaturated zone characteristics
(i.e., geologic materials, physical
properties, and depth to ground water);
and
(2) The potential for hazardous waste
or hazardous waste constituents which
enter the uppermost aquifer to migrate
to a water supply well or surface water,
by an evaluation of:
(i) Saturated zone characteristics (i.e.,
geologic materials, physical properties,
and rate of ground-water flow); and
(ii) The proximity of the facility to
water supply wells or surface water.
166
-------
C. VARIANCES AND DEMONSTRATIONS
CHAPTER 7--VARIANCE TO POSTCLOSURE CARE
§265.117(d)
Section 265.117 requires that the owner or operator of a dis-
posal facility provide post-closure care including groundwater
monitoring and maintenance of the final cover, containment structures,
and monitoring equipment, in accordance with an approved post-closure
plan for at least 30 years after the date that closure is completed.
However, the owner or operator may petition the Regional Administrator
to allow some or all of the requirements for post-closure care to be
discontinued or altered before the end of the 30-year period. Alter-
natively, the Regional Administrator may require the owner or
operator to continue post-closure activities for a specified period
of time, after which he will determine whether to continue or ter-
minate post-closure activities at the facility.
Reducing the Post-Closure Care Period
Groundwater monitoring is the most expensive and controversial
aspect of post-closure care. However, little information exists on
the long-term containment or sub-surface movement of hazardous waste.
Such general information is necessary for evaluation of petitions to
reduce post-closure monitoring; therefore, the Agency has little
basis for making these evaluations at this time. However, since
petitions for reduction of post-closure requirements will not be
submitted until facility closure, and relatively few facilities are
expected to close in the near future, the Agency has three to five
years to develop the necessary information on long-term movement of
hazardous waste. 157
-------
At present, only those facilities which demonstrate a low
potential for migration of hazardous constituents to or through the
groundwater and waive some or all of the groundwater monitoring
requirements during the operating period can expect a reduction in
post-closure monitoring requirements.
Increasing the Post-Closure Care Period
The Regional Administrator can increase the period of post-
closure care. Such an increase could be required based on:
1. Observations which indicate the containment mechanism
at the facility has failed, or
2. Detection of releases of hazardous waste to local
ground or surface water.
Additional guidance on such increases will be available long
before the first facility approaches the end of the specified 30-
year post-closure period.
168
-------
C. VARIANCES AND DEMONSTRATIONS
CHAPTER 8--DEMONSTRATION FOR GROWING FOOD-CHAIN CROPS
Part 265, Subpart M, S265.276
1.0 INTRODUCTION
The purpose of this chapter is to provide guidance to the EPA
Regional Administrator and regional personnel on the factors to be
considered in allowing the growing of food chain crops on land
treatment facilities used for the treatment and disposal of hazardous
wastes. This guidance is not intended to provide technical criteria
for decision making but rather to present a framework for consider-
ations of relevant factors.
This document discusses only those regulations for land treat-
ment facilities that pertain to food chain crops. Subpart M of
40 CFR 265 contains the regulations for operation of land treatment
facilities.
169
-------
2.0 REGULATORY REQUIREMENTS FOR FOOD CHAIN CROPS
The regulations contained in 40 CFR 265.276 prohibit growing
food chain crops on the treated area of hazardous waste land treat-
ment facilities unless specific conditions are met. "Food chain
crops", as defined in 40 CFR 260.10(2)(23), are tobacco, crops grown
for human consumption, and crops grown for feed for animals whose
products are consumed by humans. These regulations, outlined in
Table 1, apply generally to all hazardous wastes added to land treat-
ment facilities, with additional regulations for wastes containing
cadmium. Appendix A contains the interim status standards applicable
to the growing of food chain crops on land treatment facilities.
As specified in Section 265.276(a), owners or operators of
hazardous waste land treatment facilities on which food chain crops
are being grown, or have been grown and will be grown in the future,
must notify the Regional Administrator by 19 January 1981 if they
intend to grow food chain crops during the interim status period.
A comment in this section further requires that an owner or operator
who proposes to grow food chain crops after 19 November 1980 on a
facility where this has not been done previously notify the Regional
Administrator of the intent, since this is a significant change in
process under 40 CFR 122.23(c)(3). In accordance with Section 265.273
(Waste Analysis), if food chain crops are grown, an owner or operator
must analyze the waste to be land treated for arsemic, cadmium, lead,
and mercury unless written and documented data are available to show
170
-------
TABLE 1
STEPS FOR GROWING FOOD CHAIN CROPS ON
HAZARDOUS WASTE LAND TREATMENT FACILITIES
1. Notify the Regional Administrator of intent to grow food chain
crops by 19 January 1981.
2. Submit a revised Part A permit application as required under
40 CFR 122.23(c)(3).
3. Determine the concentrations in the waste of arsenic, cadmium,
lead, mercury, and other hazardous constituents identified in
40 CFR 265.273(b), unless the owner or operator has written,
documented data showing that the constituent is not present.
4. Provide evidence from field testing demonstrating that arsenic,
lead, mercury and other waste constituents listed in Part 261,
Subpart D, either:
• will not be transferred to the food portion of the
crop by direct uptake or direct contact and
• will not be ingested by food chain animals (e.g.,
by grazing)
or:
• 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.
5. Keep the evidence required above in the operating record at the
facility. Evidence must:
• be based on tests for the specific waste and
application rates used at the facility, and
• include descriptions of:
- crop characteristics
- soil characteristics
- sample selection criteria
- sample size determination
- analytical methods
- statistical procedures
171
-------
TABLE 1 (Concluded)
6. If wastes contain cadmium, control by one of the following sets
of conditions (both require control of pH):
• Controls on application rate:
- The pH of the waste and soil mixture must meet
the limits specified in §265.271(c)(1)(i).
- Where tobacco, leafy vegetables, or root crops
are grown for human consumption, annual applica-
tion of cadmium in the waste must meet the limits
specified in §265.276(c)(1)(ii).
- For other crops, the annual cadmium application
must meet the limits specified in §265.276(c)(1)(iii).
• Controls on the crop and its marketing:
- The only food chain crop produced is animal feed.
- The pH of the waste and soil mixture must be
controlled as specified in §265.276(c)(2)(ii).
- A facility operating plan must describe how
aniaml feed will be distributed to prevent human
ingestion.
- Future property owners must be notified on the
land record or property deed that cadmium-containing
wastes have been applied and that food chain crops
should not be grown.
7. Ensure that growth of food chain crops complies with these regu-
lations during post-closure period.
172
-------
a constituent is not in the waste. In addition, all land treatment
facilities must analyze for the constituents causing the waste to
be listed or to fail the E.P. toxicity test.
2.1 Regulations for Wastes Containing Cadmium
Two alternatives apply to growing food chain crops on land
treatment facilities receiving wastes containing cadmium. The first
alternative incorporates three site management controls: (1) con-
trol of the pH of the waste and soil mixture; (2) limits on annual
cadmium application; and (3) limits on cumulative cadmium
application. The cadmium application limits are specified in
Section 265.276(c)(1).
The other alternative places control on crops and their marketing
through the following four control measures: (1) the crops can
only be used as animal feed; (2) the pH of the soil must be main-
tained at 6.5 or above for as long as food chain crops are grown;
(3) a facility operating plan must describe how the animal feed
will be distributed to prevent human ingestion; and (4) future
owners must be notified by stipulations in land records or property
deeds that cadmium-containing wastes have been applied and food
chain crops should not be grown.
2.2 Regulations for Wastes Containing Other Specified Constituents
For all other hazardous wastes, a more generalized approach is
used. Crops may not be grown unless the owner or operator can
demonstrate, based on field testing, specified uptake and
173
-------
transference characteristics. These demonstrations will be evaluated
either during interim status at the discretion of EPA or when the
Part B permit application is submitted.
To make this determination, either of two conditions must be
satisfied. The first condition is that prior to growing a food
chain crop, the owner or operator must document that any arsenic,
lead, mercury, or other specified hazardous constituents listed or
failing the E.P. toxicity test will not be transferred to the food
portion of the crop either by plant uptake or direct contact or to
food chain animals. The alternative condition is that if a specified
constituent is transferred, it may not occur in greater concentrations
in crops grown on the land treatment facility than in crops grown
on untreated soil in the same region under similar conditions.
An owner or operator must use actual field studies of the crop
for demonstration purposes. For example, soil type, soil moisture,
soil pH, and soil nutrients should be similar at both the actual
facility and the control sites. Methods used for comparative
analyses in the demonstration must also be documented, including
sample selection criteria, sample size determination, analytical
methods, and statistical procedures. The preamble to the regulations
states that, in order to determine compliance prior to waste applica-
tion, the owner or operator must pretest a sample crop using the
type of waste and application rate that will be used at the
facility.
174
-------
2.3 Use of Published, Documented and Existing Data
Under certain circumstances the use of published or documented
data may be allowable in accordance with the regulations. Section
265.273(c) states that written, documented data may be used to show
that arsenic, cadmium, lead and mercury are not present in a parti-
cular waste. Section 265.13(2) also states that the general waste
analysis may include existing published or documented data on the
hazardous waste or on waste generated from similar processes. The
data may be obtained by the owner or operator, or for off-site
facilities, by the generator. However, the disposer is ultimately
responsible for providing the information upon request.
2.4 Field Tests Requirements
Requirements related to field testing are:
• Testing must be carried out in the field to demonstrate
transference and uptake characteristics [(§265.276(b)(1)J.
• The same crops must be grown on untreated and treated
soil under similar conditions in the same region
[§265.276(b)(l)(ii)].
• The specific waste and application rates used at the
facility must be used for the tests [ §265.276(b)(2)(i)] .
In order to demonstrate whether any arsenic, lead, mercury, or
other hazardous constituents in the waste are transferred to the
food portion of the crop by uptake or direct contact, an initial
crop should be grown on treated soil. If this crop shows no trans-
ference, then it can be grown on the land treatment facility. If
the test shows transference, then further tests are required to
175
-------
demonstrate whether the transference is greater on treated than on
untreated soils.
A possible procedure for further tests, if space is available,
would be to grow the test crop and a control crop in adjacent fields,
one treated and the other not treated with the hazardous waste. If
the fields were not adjacent, the owner or operator would be required
to demonstrate that conditions were similar in the test and control
• fields, possibly with statistical tests of parameters such as soil
moisture. "Similar conditions" includes not only soil conditions,
such as pH and nutrients, but also cropping conditions, for example,
depth of planting and type of harvesting. Only conditions that
affect the uptake or transference characteristics would be considered.
The test crop on treated soil would have to be grown again each
time the waste or the waste application rate was changed, and for
each plant species and each planting of that species.
176
-------
3.0 INTEGRATED REVIEW OF REQUIREMENTS
The information required for the demonstration of (1) whether
constituents are transferred, or (2) if they are transferred whether
transference is greater on treated than on untreated areas must be
considered collectively. Table 2 gives a suggested format for
inclusion of relevant factors and serves as both a report on them
for the owner or operator and a suggested check list for the
Regional Office reviewer.
As mentioned above, the applicant must notify the Regional
Administrator if crops are currently being grown or if the applici-
cant has grown crops and intends to grow crops in the future. The
report should reiterate this information for each crop in cross
references. Section 2 gives general information on the crop to be
grown and the site on which it is to be grown.
In Section 3 specifics about the waste analysis, which is
required to determine the concentrations of arsenic, cadmium, lead,
and mercury in the waste, is presented, If the owner or operator can
show that any of these constituents are not present, the supporting
information for this should be presented here. For any wastes in
which arsenic, lead, mercury, or other specific hazardous consti-
tuents are present, Section 4 can be used to demonstrate whether
transference of the constituent occurs and, if it occurs, whether
it is greater on treated than on untreated land. Methodologies,
including sample selection criteria, sample size determination, and
177
-------
analytical and statistical procedures, should be given for both the
crop and soil tests.
For the application of wastes containing cadmium, additional
information on application rates, pH, and use of the crop must be
provided, depending upon the control approach used CSection 5).
The operating plan requested in this section should tell how the
owner or operator will ensure that the proper pH is maintained.
This may include routine soil monitoring and requirements for
liming the soil when necessary for pH control. The operating plan
must describe how the animal feed grown under the second control
approach will be distributed to prevent ingestion by humans. Con-
tracts with animal feed lots for all of the feed to be grown
could be submitted as proof of compliance with the second control
approach.
Compliance with the regulations on food chain crops must be
addressed in the post-closure plan for the land treatment facility.
The owner or operator must indicate how this compliance will be
achieved. This part of the post-closure plan should be included
as Section 6 of the demonstration.
178
-------
TABLE 2
SAMPLE FORMAT FOR
FOOD CHAIN CROP DEMONSTRATION
1. NOTIFICATION
a. Date of initial notification
b. Check one: presently growing food chain crops
intend to grow food chain crops in
the future (estimated date)
2. CROP INFORMATION
a. Crop to be grown
b. Variety
c. Site location
d. Size of site
e. Proposed use of crop
f. Irrigation method, if any
g. Cropping procedures
h. Liming rate and method of application for pH control
3. WASTE ANALYSIS
a. Analyses performed (date)
b. Supporting data submitted
c. Data provided showing that arsenic, cadmium, lead, and
mercury are not in waste
179
-------
TABLE 2 (Continued)
4. DEMONSTRATION FOR WASTES CONTAINING ARSENIC, LEAD, MERCURY, OR
OTHER SPECIFIC CONSTITUENTS
a. Methods used for soil analysis provided:
Sample selection criteria
Sample size determination
Analytical methods used
Statistical procedures used
Other (describe)
b. Soil analysis
Test Crop Control Crop
Soil Type
Soil Moisture
Soil pH
Soil Nutrients
Cation Exchange Capacity
c. Summary of methods used for crop analysis provided:
Sample selection criteria
Sample size determination
Analytical methods used
Statistical procedures used
Other (describe)
d. Crop analysis
Test Crop
(Use for demon-
stration of no
transference) Control Crop
Arsenic
Lead
Mercury
Additional Constituents that caused waste to be hazardous
(list)
180
-------
TABLE 2 (Concluded)
5. CONTROLS FOR WASTES CONTAINING CADMIUM (to be included in
operating record)
a. Approach used (either 1 or 2 is required)
1. Controls on application rate
- crop grown
- pH of waste and soil mixture
- background pH
- annual application rate
- plan to ensure required pH and application limits
2. Controls on the crop and its marketing
- animal food grown
- pH of waste and soil mixture
- demonstration in operating plan of how human
ingestion will be prevented yes/no
- stipulation in land record or property deed yes/no
6. PLAN FOR ENSURANCE OF COMPLIANCE WITH REGULATIONS DURING POST-
CLOSURE PERIOD (Section of post-closure plan)
181
-------
APPENDIX A
INTERIM STATUS STANDARDS FOR
FOOD CHAIN CROPS
§ 265.276 Food chain crops.
(a) An owner or operator of a
hazardous waste land treatment facility
on which food chain crops are being
grown, or have been grown and will be
grown in the future, must notify the
Regional Administrator within 60 days
after the effective date of this Part.
[Comment: The growth of food chain
crops at a facility which has never
before been used for this purpose is a
significant change in process under
§ 122.23(c)(3) of this Chapter. Owners or
operators of such land treatment
facilities who propose to grow food
chain crops after the effective date of
this Part must comply with § 122.23(c)(3)
of this Chapter.)
(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
any arsenic, load, mercury, or other
constituents identified under
§265.273(b):
(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 (b)(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
(ii) 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 pa' agraph
(c)(l)(i) through (iii) of this Section or all
requirements of paragraph (c){2)(i)
through (iv) of this Section are met.
(1) (i) The pH of the wiste and soil
mixture is 6.5 or greater at the time of
each waste application, except for
waste containing cadmium at
concentrations of 2 mg/kg (dry weight)
or less;
(ii) The annual application of
cadmium from waste does not exceed
0.5 kilograms per hectare (kg/ha) on
land used for production of tobacco.
leafy vegetables, or root crops grown for
human consumption. For other food
chain crops, the annual cadmium
application rate does not exceed:
Ttmepflood
Annual Cd
application rate
(kg/he)
Present to June 30.1984
July 1. 1964 to Dec. 31. 1986..
Beginning Jan. 1.1987
20
1JZS
OS
(iii) The cumulative application of
cadmium from waste does not exceed
the levels in either paragraph
(c)(l)(iii)(A) of this Section or paragraph
(c)(l)(iii)(B) of this Section.
(A)
Sod cation
exchange capacity
(meq'IOOs)
Maximum cumulative
application (kg/M
Background Background
soil pH (oil pH
less than 6.5 greater than
65
Less than 5 _.
5-15
Greater lhan 15 ..
S
10
20
(B) For soils with a background pH of
less than 6.5. the cumulative cadmium
application rate does not exceed the
levels below: Provided, that the pH of
the waste and soil mixture is adjusted to
and maintained at 6.5 or greater
whenever food chain crops are grown.
Soil cation exchange capacity
(moq/lOOg)
Maximum cumulative
application (kg/ha)
Less than 5
5-15
Greater than 15...,
5
10
20
182
-------
(2)(i) The only food chain crop
produced is animal feed.
(ii) The pH of the waste and soil
mixture is 6.5 or 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.
(Hi) There >s a facility operating plan
which dem^f-strates 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.
[Comment: As required by § 265.73, if an
owner or operator grows food chain
crops on his land treatment facility, he
must place the infcrmation developed in
this Section in the operating record'of
the facility.]
§ 122.23 Interim status.
(c) Changes during interim status. (1)
New hazardous wastes not previously
identified in Part A of the permit
application may be treated, stored, or
disposed of at a facility if the owner or
operator submits a revised Part A permit
application prior to such a change;
(2) Increases in the design capacity of
processes used at a facility may be
made if the owner or operator submits a
revised Part A permit application prior
to such a change (along with a
justification explaining the need for the
change) and the Director approves the
change because of a lack of available
treatment, storage, or disposal capacity
at other hazardous waste management
facilities;
(3) Changes in the processes for the
treatment, storage, or disposal of
hazardous waste mav be made at a
facility or additional processes may be
added if the owner or operator submits
a revised Part A permit application prior
to such a change (along with a
justification explaining the need for the
change) and the Director approves the
change because:
(i) It is necessary to prevent a threat
to human health or the environment
because of an emergency situation, or
(ii) It is necessary to comply with
Federal regulations (including the
interim status standards at 40 CFR Part
265) or State or local laws.
183
*UA GOVERNMENT PRINTING OFFICE: 1981 345-934/9289
1-3
-------
U.S. Environn-r^l Protection Agenc#j
Region V, U'::ary ^^ .
230 South Dearborn SUree"
Chicago, Illinois 60604
------- |