SW-359
                       CONTROLLING HAZARDOUS WASTE UNDER RCRA
                       Land Disposal Regulations;  An Outline
                     of  the Federal Register  (Vol. 47, No. 143)
         This document  (SW-959) outlines EPA's hazardous waste regulations
                for land disposal facilities promulgated July 26, 1982.
           It was prepared by Angela Wilkes of the Hazardous and Industrial
                       Waste Division, Office of Solid Waste.
               U.S. ENVIRONMENTAL PROTECTION AGENCY / September 1982

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rar.carv 12, 1931.
     1.  T^T^'Oi'ajrv  -^CiTiipi-Btiratil'/0 ^PC  technical starcs-irds
        foe cer^itrin--:  new land disposal  facilities
        (landfills,  surface i^pound:>ients,  land treatment,
        and Class  I  underground injection wells').

     2.  On January 26,  1983,  Part 25" no  longer will apply
        to landfills, surface i~poundT.ents,  or land treatrr.ent
        ~aoilities.

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                                   - 3 ••  -1 '-, \ '
=arc 254,  ^.'-par'ts F, X,  L,  M, arc:  ?:, land  -disposal


- ,2 7 ^v-"pi • C   f^:c—-3  1r-.-^o>- ^'~%'A
    o.  -ispcsai  units tiat scop  receiving  wastes  cere
        effective date ire not required to  'tav-e pern:





        jn-its ?,!".  a cacilit'-'' without snfettirrg ir.teri^r,






 ">    "!0n -'-'T7 '-.^^Tl-^^ --> ^- .-, -, y- ' ^r^ '»,'^^-T.—, n',-.,r»- ^"v   1QQ"^
 i.   L^.*j—-,af coTpjTje. n_ „—r t.ixj i. .-.o - eir.otr -o,  iyoi;,

 ^    ~1C-~-,i- -'---,  T-^r- -. v~r ,  ^ ^"  1 <^ Q "J
 •-*.   :.. ,P( tj_-e _afiu«rv  
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a.  Derrrit ^ocificacicr.s for "ccrpliance ^cnitocin
   prc-grars when  "detection "onicorinc?" indicates
   .vases constituents have entered ground  vater
   cer.eath ^asce  oour.o.ary.
         inter ~..TI ajtr.or izatiion.

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                       tions abco:: the  lon-g-terti fate,
4.  It riist 're  possible tc ir.ple™er:t  the  rej-il-stiors ir.
    contexc of  per~it-iro' proiTzr1.; ^cardar^s  ~ust  indicate
    clearly vr.at  is  excecceo. oc reoulatec.  cor~,unitv.

3.  '-eculacea ccnnunity should be required  to expend .rest
    of it.3 resources for environmental oroteccicn  on
        jres that will  produce greatest environmental
 1,  Runoff  control.; at landfills, lane  treatr.er.t units,
     and ciles  and  overtoocinc: re-ouirr.~e.nc  of  surface
     iiTioound: &nL3  are ^xurjoies.

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Scratenic elener.ts.




1. •    '—ITTUICS ^fc3.r.a.Cc^r"

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    5.  Poszclos'-sre care where wastes r-^rp^




    7.  Financial assurance.




3.  Liners.




    ~    —^^^^'i^^r'o0




        a.   Lar.cfi.IIs.




        b.   Surface ir.coundTer.ts.
             units ana _ateral expansions.




             Existing portions of  facility,

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W 3 t 5 r ~.'C -Ljrt:iC6 vat:?!" 1-^r.'1
_apacle ot preventing :: j_cv; onto tre active
portion :;£ the  facility during  the ceax  diachargf

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        cncrol.


Surface ir
iisocsal.
-s,  i: cnev are jsea  ::or
acccnrecate sett-inc  ana sucsi^ence; anc  'rave
c-eiTT.eacilitv  less  c.han or e^ual to  that of  the
bettor, liner.

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:.r.c-vacar rxDnitorirc ana resoon.se.
 1.   Install and operate ^rcund-^vater  nonitorinc sysce:"—
     down-gradient and jo—gradient—at --/aste bcu"dar/ to
               if hazarrlocs constituents  frcm the facilitv
                         vat
 '•tonitor  for what?

     detection monitoring,

     a.   Indicators such as TOG and specific  conductance.

 2.   Compliance Tcnitoring,

     a.   Hazardous constituents detected  ' n crou^d water
         and exrcected to be from, reaulated unit.
 I.   Oetection
              aitsrnace level can never harri hjunan health.
              or  the environr.ent.

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.''fcr.itor at waste boundary.

Compliance period.

1.  Detection monitoring.

    a.  30 years after closure unless extended  by
        Regional Administrator.

2.  Compliance .ronitorinc.

    a.  Period equal to life of facility.

3.  'Corrective action.

    a.  For 3 years after ground-water standards are
        reestablished.

Identifying the hazardous constituent.

I.  Constituent .rust oe listed in Apendix  /III,
    Part 261.

2.  Constituent muse; be detected in  the ground  water.

3.  Constituent ^ust be expected to  be-from waste
    in the regulated unit.

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     PART in.  DESIGN AND OPERATING STANDARDS  FOR
   SURFACE IMPOUMDMENTS, :,>JASTE PILES, LAND TREATMENT,
              AND LANDFILLS  (Subparts K-N)

Landfills.

A.  Applicability.

    1.  New and existing facilities that dispose of
        hazardous waste in landfills.

3.  Basic requirements.

    1.  Liner.

        a. Exemption for existing portions such as cells
           or trenches that already contain wastes at
           the time of permit issuance.

    2.  L^-.chHt"? collection and removal svsterr.  above the
        lir.er.

    3.  Control of run-on and runoff.

    4.  Capping the wastes at closure and conducting post-
        closure care.

C.  Liners.

    1.  Designed and constructed to prevent migration of
        wastes into the liner and out of the landfill into
        subsurface soil or ground water or surface water
        during active life of unit.

        a.  Wastes must not migrate into the liner itself.

    2.  Site-specific requirements for liners to prevent
        failure during active life of unit.

        a.  Construction materials that will resist degrada-
            tion.

        b.  Sufficient strength and thickness to prevent
            failure owing to physical stress (e.g., earth-
            moving equipment, dredging).

        c.  Cover surrounding earth that is likely to be in
            contact with the waste or leachate  (i.e., a liner
            that is underneath as well as on the sides).

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D.  Leachate collection and removal system.

    1.  Located above the liner.

    2.  Designed and operated to ensure that: depth of
        leachate does not exceed 30 centimeters  (1 foot)
        over the liner.

    3.  The system must also withstand chemical attack of
        waste and leachate and forces exerted by wastes,
        equipment, and cover materials and function without
        clogging.

E.  Exemptions.

    1.  From ground-water protection requirements (Subpart F)
        for impoundments with double liners and leak
        detection systems.

    2.  From liner and leachate collection and removal
        requirement if owner or operator demonstrates
        that hazardous constituents will never migrate from
        landfill into ground */ater or surface vater.

F.  Run-on and runoff controls.

    1.  To minimize leachate generation, the run-on control
        system must be capable of preventing flow onto the
        active portion of the landfill during peak discharge
        from at least a 25-year storm.

    2.  To minimize hazards from runoff of contaminated liquid,
        the runoff management system must be capable of
        collecting and controlling water volume resulting from
        a 24-hour, 25-year storm.

    3.  To maintain capacity of the system, collections from
        run-on and runoff controls must be emptied or other-
        wise managed expeditiously after storms.

G.  Measures must be taken to control wind dispersal if
    the landfill contains particulate matter.

H.  Monitoring and inspection.

    1.  During construction or installation, inspect
        liners and cover systems for uniformity of
        construction, damage, or imperfections.

    2.  After construction or installation, there must be
        inspection of other parts of the landfill.

       a.   Synthetic liners and covers must be inspected
           for tears, punctures, or blisters and to ensure
           seams are tight.

                                                       14

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        b.  Soil-based or admixed  liners and covers  must  be
            inspected for cracks,  channels, root holes, and
            other structural problems  that may  increase
            permeability.

    3.  General facility inspections are to be  conducted
        weekly and after storms for malfunctions and de-
        terioration of run-on and  runoff controls, liquids
        in leak-detection system,  wind dispersal controls,
        and leachate collection and removal systems.

I.  Surveying and recordkeeping.

    1.  The operating record must  include the following.

        a.  A map with the location and dimensions of each  cell
            with respect to permanently surveyed benchmarks.

        b.  The content of each cell and approximate location
            of each hazardous waste type within each cell.

J."  Special requirements.

    1.  Bulk or noncontainerized liquid waste or waste
        containing free liquid may not be placed in
        landfill unless one of two conditions is "net.

        a.  The unit has a liner and a leachate collection
            and removal system meeting the standards.

        b.  Before disposal, liquids are treated or  stabilized
            so that free liouids are not present.

    2.  Containers.

        a.  Containers holding free liquids may not  be placed
            in a landfill unless the following  conditions are
            complied with.

            I. Free-standing liquids removed by decanting
               or mixed with absorbent or solidified, or
               otherwise eliminated.

           II. The container is very small (such as  an ampule).

          III. The container is designed to hold free liquids
               for use other than storage (e.g., a battery).

           IV. The container is a lab pack.

        b.  Containers must be 90% full when placed  in landfill;
            empty containers must be reduced in volume by
            crushing or shredding.

                                                           15

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        c.  Before disposal, .small containers  in overpacked drums
            (lab packs) must be packaged in nonleaking inside
            containers that are constructed of material that
            will not react dangerously or be decomposed by or
            be ignited by the contained waste, are tightly
            sealed, and are in accordance with DOT standards.

    3.  Ignitable or reactive waste.

        a.  Ignitable or reactive waste must be treated,
            rendered, or mixed before or immediately
            after placement in landfill.

        b.  Ignitable waste may be landfilled without
            being treated, rendered, or mixed  if it is
            protected fron material or conditions that
            could cause it to ignite.

X.  Closure and postclosure.

    1.  At closure, the landfill or cell must be covered
        with a final cover designed to achieve the following
        purposes.

        a.  Minimize migration of liquids.

        b.  Function with minimum maintenance.

        c.  Promote drainage and minimize erosion of cover.

        d.  Accommodate settling and subsidence.

        e.  Have permeability less than or equal to that cf
            the bottom liner.

     2.  Postclosure care requirements.

        a.  Maintain effectiveness of final cover.

        b.  Monitor leak detection system, where a double
            liner is used, and, if necessary,  implement
            ground-water monitoring program.

        c.  Maintain leachate collection and removal system.

        d.  Monitor ground water and, if necessary, conduct
            corrective action.

        e.  Prevent run-on and runoff from damaging final
            cover.

        f.  Protect and maintain surveyed benchmarks.

L.  Closure and postclosure plans, cost estimates, and financial
    instruments consistent with planned closure and postclosure
    activities are required.

                                                          16

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II.   Surface impoundments.

      A.   Applicability.

          1. New and existing facilities that treat, store,
             or dispose of hazardous waste.

      3.   Basic requirements.

          1. Either a single liner with ground-water monitor-
             ing wells at the unit's boundary or a double
             liner with leak detection system to prevent
             migration of waste into subsurface soil and
             ground water and surface water during active
             life.

             a. Exemption for existing portions that are
                not lined.

          2. Prevention of overtopping the sides of impound-
             ment.

          3. Assurance of structural integrity of dikes.

          4. At closure, either remove or decontaminate waste,
             waste residues, and contaminated soils and equip-
             ment, or solidify remaining waste, cap the waste,
             and conduct postclosure care.

             a. From liner requirement if owner or operator
                demonstrates to RA that hazardous constituents
                will never migrate from impoundment into ground
                water or surface water.

      C.   Liners.

          1. Existing portions of impoundments are exempt.

          2. Designed and constructed to prevent migration
             of wastes to adjacent subsurface soil or ground
             water or surface water during active life of
             unit.

             a. For disposal units, wastes must not migrate
                into the liner itself.

          3. Site-specific requirements for liners to prevent
             failure during active life of unit.

             a. Construction materials that will resist
                degradation.
                                                           17

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       b. Sufficient strength and thickness to prevent
          failure owing to physical stress (e.g., earth-
          moving equipment, dredging).

       c. Foundation that is capable of supporting the
          liner and resisting pressure gradients  (so that
          liner will not rupture or break).

       d. Cover surrounding earth that is likely  to be
          in contact with the waste or leachate (i.e.,
          a liner that is underneath as well as on the
          sides).

D.  No leachate collection and removal system.

    1. Not required since impoundments are designed to
       hold large amounts of liquids; further, the liner
       prevents migration during the operating life, and
       migration is minimized after closure by removing
       or solidifying the waste.

".  Exemptions.

    1. From ground-water protection, requirements  (Subpart
       F) for impoundments with double liners and leak
       detection systems.

       a. From liner requirement if owner or operator
          demonstrates to RA that hazardous constituents
          will never migrate from impoundment into ground
          water or surface water.

F.  Overtopping controls.

    1. Design, construct, maintain, and operate the
       impoundment to prevent liquid hazardous waste
       from overflowing.

G.  Dikes.

    1. Dikes must be constructed with sufficient  structural
       integrity to prevent massive failure, e.g., owing
       to force exerted on dike by contents of impoundment
       and the dike's resistance to scouring and  piping
       in the event that liner leaks.

    2. Certification by an engineer is required prior to
       permit issuance and after extended periods of
       downtime to assure structural integrity.
                                                      18

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H.  Monitoring and inspection.

    I. During construction or installation, inspect
       liners and cover systems for uniformity of
       construction, damage, or iraperfeetions.

    2. Iinmediately after construction or installation,
       inspection of the following.

       a. Synthetic liners and covers for tears, punctures,
          or blisters, and to ensure tight seams.

       b. Soil-based or admixed liners and covers for cracks,
          channels, root holes, or other structural problems
          that may increase permeability.

    3. Inspections must be conducted weekly and after
       storms.
                                   *

       a. Overtopping control system.

       b. Sudden drops in level cf contents.

       c. Liquids in leak detection system, if applicable.

       d. Dikes or other containment devices.

I.  Emergency repairs.

    1. Remove impoundment frcm service in the event of
       active leaking in a dike "(not minor deterioration)
       or a sudden drop in liquid level, not caused by
       changes in the flows into or out of the impound-
       ment.

    2. Removal frcm service requires taking the following
       measures immediately.

       a. Stopping the flow or addition of wastes to
          impoundment.

       b. Containing surface leakage.

       c. Stopping the leak.

       d. Taking steps to stop or prevent catastrophic
          failure.

       e. If necessary, emptying the impoundment.


                                                    19

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    3.  To return an impoundment to service.

        a. Repair the liner and obtain recertification
           that it again complies with the liner require-
           ments.

        b. Install a liner, if sudden drop in liquid is
           in an existing facility that was exempt from
           liner requirement.

        c. Obtain recertification of dike's structural
           integrity, if applicable.

    4.  Impoundment not returned to service must be
        properly closed.

J.  Incompatible wastes or incompatible wastes and
    materials (Appendix V) must not be placed in the
    same surface impoundments unless the general
    requiratents (§264.17(b)) are complied with.

K.  Closure and postclosure.

    I.  The owner or operator has two options for
        closing the impoundment.

        a.  Option 1, storage units: remove or decontaminate
            all wastes, waste residues, system components'
            (such as liners), subsoils, and structures or
            equipment.  This option requires no postclosure
            care.

            I. If removal or decontamination is incomplete,
               the unit must be closed according to Option 2,

        b.  Option 2, disposal units: remove or solidify
            liquid waste by removing liquid waste or
            solidifying remaining waste; place a final
            cover (cap) over the closed impoundment;
            conduct postclosure monitoring and maintenance.

    2.  Final cover  (cap).

        a.  The cap must be as impermeable as the bottom
            liner and designed to minimize erosion by
            proper sloping, earth materials, and shallow-
            rooted vegetation.
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             b.  The cap must minimize migration of liquids
                 and accommodate settling and subsidence
                 so that cover integrity is maintained.

         3.  Postclosure care.

             a.  Storage units—none.

             b.  Single-lined disposal units.

                  I. Monitor ground water and, if necessary,
                     conduct corrective action.

                 II. Maintain effectiveness of final cover.

            c.   Double-lined disposal unit.

                 I. Monitor leak detection system and, if
                    necessary, implanent ground-water monitoring
                    program.

                II. Maintain effectiveness of final cover.

         Closure and postclosure plans and financial
         responsibility.

         1.  Existing storage units without acceptable liners,
             where owner intends to remove wastes and contami-
             nated components and soils at closure, must have
             closure plans for doing so but must also have
             contingent closure and postclosure plans to
             close as a landfill in the event the unit
             must be closed with wastes left in place.

             a.  Cost estimates and'financial instruments must
                 cover the contingent plan.

         2.  Other units do not need contingent plans but
             must have closure and postclosure plans, cost
             estimates, and financial instruments consistent
             with their planned closure and, when present,
             postclosure activities.
III.  Waste piles.

     A.   Applicability.
             New and existing storage and treatment piles.
             Piles that are closed with waste left in place
             are not subject to Subpart L, but are subject to
             the landfill regulations in Subpart M.
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3.  Basic requirements.

    1.  Liner.

        a.  Exemption for an existing portion that  is
            not lined.

    2.  Leachate collection and removal.

    3.  Control of run-on and runoff.

    4.  Control of wind dispersal.

    5.  Removal of wastes at closure.

C.  Liners.

    1.  Designed and constructed  to prevent migration
        of wastes to adjacent subsurface soil or 'ground
        water or surface water during active life of pile.

       a.  For disposal piles, wastes must not migrate
           into the liner itself.

    2.  Site-specific requirements for liners to prevent
        failure during active life of unit.

       a.  Construction materials that will resist
           degradation.

       b.  Sufficient strength and thickness to prevent
           failure owing to physical stress  (e.g.,  earth-
           moving equipment, dredging).

       c.  Foundation that is capable of supporting the
           liner and resisting pressure gradients  (so
           that liner will not rupture or break).

       d.  Cover surrounding earth that is likely to be
           in contact with the waste or leachate  (i.e.,
           a liner that is underneath as well as on the
           sides).

D.  Leachate collection and removal system.

    1.  Must be located above the liners.

    2.  Mast be designed and operated to assure leachate
        depth does not exceed 30  centimeters  (1 foot) over
        the liner.

    3.  Must be designed and operated to ensure that
         three major conditions are ?net.
                                                       22

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       a.  Withstand chemical attack of waste and leachate.

       b.  Withstand forces exerted by wastes, equipment,
           earth pressures.

       c.  Function without clogging.

E.  Exemptions.

    1.  From ground-water protection requirements (Subpart F).

        a. Piles with double liners and leak detection systems.

        b. Piles with single liners from which wastes are removed
           periodically to inspect liner for cracks, leaks, or
           potential leaks.  To qualify for exemption, liner
           material must withstand damage from repeated removal
           and replacement of wastes during liner inspection,
           e.g., reinforced concrete with appropriate coatings.
           (Synthetic liners may not withstand damage from
           repeated removal of wastes for inspections; clay
           liners tray dry;,,out and crack when exposed to air.)

    2.  From liner and leachate collection and removal (Subpart
        L) and from ground-water protection requirements
         (Subpart F).

        a. Dry piles located inside or 'under structures
           protected from precipitation, run-on, and wind
           dispersal and that do not generate leachate
           through decomposition or other reactions.

    3.  From liner and leachate collection and removal
        requirements.

        a. If owner or operator demonstrates that hazardous
           constituents will never migrate from pile into
           ground water or surface water.

F.  Run-on and runoff controls.

    1.  To minimize leachate generation, the owner or
        operator must have a run-on control system
        designed, constructed, operated, and maintained
        to prevent flow onto active portion of the
        pile during 25-year storm.

    2.  To minimize hazards from runoff of contaminated
        liquid, a runoff management system must collect
        and control water volume from a 24-hour, 25-year
        storm.

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    3. To maintain capacity of the system, collections
       from run-on and runoff controls must be emptied
       or otherwise managed expeditiously after storms.

G.  Monitoring and inspection.

    1. During construction or installation, inspect
       liners and cover systems for uniformity of
       construction, damage, or imperfections.

    2. Immediately after construction or installation,
       inspection of the following.

       a. Synthetic liners and covers for tears, punctures,
          or blisters, and to ensure tight seams.

       b. Soil-based or admixed liners and covers for
          cracks, channels, root holes, or other structural
          problems that may increase permeability..

    3. Inspections of control systems must be conducted
       weekly and after sterms for the following:

       a. Deterioration of run-on and runoff controls.

       b. Presence of liquids in leak detection system,
          if applicable.

       c. Operation of wind dispersal controls, if
          applicable.

       d. Presence of leachate in and operation of leachate
          collection and removal system.

H.  Ignitable or reactive waste and incompatible wastes.

    1. Regulatory language unchanged from the January 12,
       1981, version.

I.  Closure and postclosure.

    1. All wastes, waste residues, contaminated subsoils,
       structures, and equipment must be removed or
       decontaminated at closure (same as closure of
       impoundments).

    2. If decontamination cannot be completed, the pile
       is regarded as a disposal unit and closure and
       postclosure requirements are the same as for
       landfills and for impoundments where decontamination
       is incomplete.
                                                       24

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          J.   Closure and postclosure plans and financial
              responsibility.

              1.  Existing piles without acceptable liners, where
                 owner intends to remove wastes and contaminated
                 components and soils at closure, must have
                 closure plans for doing so but must also have
                 contingent closure and postclosure plans in
                 the event the pile must be closed with wastes
                 left in place.

                 a.  Cost estimates and financial instruments must
                    cover the contingent plans.

              2.  Other units do not need contingent plans but must
                 have closure and postclosure plans, cost estimates,
                 and financial instruments consistent with their
                 planned closure and, when present, postclosure
                 activities.
IV.   Land treatrent.

          \.  Applicability.
              1.  New and existing facilities that treat or dispose
                 of hazardous waste in land treatment units.

          3.   Objective of design and operating requirements.

              1.  Minimize risk of ground-water contamination
                 where hazardous wastes are applied to the
                 soil.  This is accomplished by use of a defined
                 layer of surface and subsurface soils (a
                 "treatment zone") to degrade, transform, or
                 immobilize the hazardous constituents of the
                 waste.

                 a. Land treatment facilities are fundamentally
                    different from other land disposal facilities
                    in that liquids are allowed to pass through
                    rather than being contained within the unit.
                    For this reason, no liners are required.

          C.   Treatment program.

              1.  Specify wastes to be handled at unit.

              2.  Specify the hazardous constituents (from
                 Appendix VIII of Part 261) that must be
                 degraded, transformed, or immobilized.
                                                            25

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    3. Establish design and operating measures
       necessary to maximize treatment of
       hazardous constituents.

    4. Establish an unsaturated zone monitoring
       program to determine success of treatment
       in the treatment zone.

    5. Clearly specify the vertical and horizontal
       dimensions of the treatment zone.

       a. No deeper than 1.5 meters (5 feet).

       b. Minimum of 1 meter  (3 feet) between bottom of
          treatment zone and the seasonal highwater table.

D.  Treatment demonstration.

    1. Establishes what combination of operating
       practices completely degrades, transform:;, or
       immobilizes hazardous constituents.

       a.  Rate and method of application to prevent
           exceeding the soil's treatment capacity.

       b.  Soil pH controls.

       c.  Microbial or chemical reactions.

       d.  Moisture content of treatment zone.

    2. In demonstration, owner or operator may use field
       tests, laboratory analyses, available data, or, in
       the case of existing units, operating data.

    3. RA incorporates findings in permit conditions.

E.  Unsaturated zone monitoring program.

    1. The program includes the following elements.

       a. Monitor soil and soil-pore liquid  to determine
          if hazardous constituents migrate  fron  the treat-
          ment zone.  (The RA may require monitoring for
          principal hazardous constituents  [PHCs].)

       b. Establish background value for each hazardous
          constituent to be monitored.

       c. Monitor soil and soil-pore liquid  immediately
          below treatment zone and determine any  statis-
          tically significant change over background
          values.
                                                    26

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    2. If nigration is detected, modify permit  to
       maximize degradation, transformation, or
       immobilization in the treatment zone.

F.  Other requirements.

    1. Prevent surface-water run-on.

       a. System must be capable of preventing  flow
          onto active portion of units during peak
          discharge from at least a 25-year storm.

    2. Control runoff to prevent untreated waste
       from leaving the facility.

       a. Capable of collecting and controlling water
          volume at least equivalent to a 24-hour,
          25-year storm.

    3. Control wind dispersal if the unit contains
       particulate matter.

G.  Food chain crop restrictions.

    1. For most hazardous constituents there can be
       no uptake and no greater concentration than in
       surrounding areas.

    2. Special limitations on the amount of cadmium
       include the following.

       a. pH of at least 6.5.

       b. Application rate of no more then 0.5  kg/ha/yr.

       c. Cumulative application depends on cation
          exchange capacity.

       d. Special conditions for animal feed.

H.  Recordkeeping.

    1. Dates and rates of applications of hazardous wastes.

I.  Ignitable or reactive waste.

    1. Tgnitable or reactive wastes must be managed in such
       a way that they no longer meet the definition of
       ignitable or reactive waste when applied to the
       treatment zone.

    2.  These wastes must be protected from materials or
        conditions that could cause them to ignite or
        react.
                                                      27

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J.  Incompatible wastes.

    1. Incompatible wastes or incompatible wastas and
       inaterials are not to be placed in the same treat-
       ment zone unless §264.17(b) is complied with.

K.  Closure and postclosure.

    1. Requirements are similar to ISS.

       a. Continue practices that maximize degradation,
          transformation, and immobilization.

       b. Continue practices to minimize runoff from
          treatment zone and to control run-on and
          wind dispersal.

       c. Continue ground-water monitoring.

       d. Continue restrictions on food chain crops.

       e. Continue to operate unsaturated zone ncnitoring
          program, except soil-pore liquid monitoring
          may be suspended 90 days after last application
          of waste at the unit.

       f. Establish and maintain vegetation cover that is
          capable of maintaining growth without extensive
          ma intenance.

       g. Certification of proper closure.

    2. Exemptions.

       a. No postclosure care or vegetative cover required
          if level of hazardous constituents within the
          treatment zone does not exceed the background
          values for those constituents by statistically
          significant amounts.

       b. No ground-water monitoring if requirements of
          K above are complied with and if hazardous con-
          stituents have not migrated below treatment zone
          during active life of unit.
                                                     23

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       PART IV. GROUND-WATER PROTECTION (Part 264, Subpart F)


  I.   Four main elements.

      A.  Detection monitoring.

         1. No contamination apparent.

      B.  Ground-water protection standard (GWPS),

         1. Set when contamination apparent.

      C.  Compliance monitoring.

         1. Determines compliance with GWPS.

      0.  Corrective action.

         1. When GWPS exceeded.

 TI.   New terms used in Subpart F.

      A.  Waste management facility.'

      B.  Waste management .area.

      C.  Waste management unit (for example, land treatment facility=
         land treatment unit).

      D.  Regulated unit is any unit receiving hazardous waste after
         January 26, 1983.

      E.  Aquifer—still undefined.

      F.  Uppermost aquifer includes hydraulically connected lower
         aquifer.

      G.  Hazardous waste constituent—Appendix VII, Part 261.

      H.  Hazardous constituent (HC)—Appendix VIII, Part 261.

III.   Applicability.

      A.  Subpart F applies to regulated units at surface impoundments,
         waste piles, land treatment facilities, and landfills.

      B.  "Old" waste in regulated unit is controlled.

         1. Management of problem is not affected by when wastes
            were placed in unit.

      C.  Old waste in nonregulated unit may also be controlled if
         leachate plume cannot be distinguished from regulated unit
         plume.
                                                                 29

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         1.   Leachate cannot be traced to specific wastes in
             many cases.

     D.   Exclusions from ground-water monitoring.

         1.   Double-lined surface impoundments,  waste piles,
             landfills.

         2.   Pile with an inspectable liner or in building.

         3.   Land treatment unit demonstrating total effectiveness
             during active life.

            a.   Exclusion affects only postclosure care period.

         4.   Unit is in favorable hydrogeological setting (no potential
             for migration during operating life and postclosure
             period).

            a.   Encourages use of desirable locations.

            'o.   Is based on prediction of migration to ground
                water, instead of ground—vater monitoring.

            c.   Incorporates built-in safety factor because
                TTiaximum migration rates are assumed.

               •  I. Minimum soil thickness.

                II. Travel time only in natural soil (no liners).

               III. Travel time of most dense and least viscous
                    fluid.

                IV. Unit is filled with liquids.

                 V. Saturated soil.

                VI. Effective porosity of 10%.

               VII. No soil attenuation in travel tine.

              VIII. Migration since beginning of unit.

            d.   Requires certification of geologist or geotechnical
                engineer.

IV.  Implementation through a series of facility pemits.

     A.  Three types of programs.
                                                                30

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   1. Detection monitoring.

   2. Compliance monitoring.

   3. Corrective action.

B. Requirements.

   1. At least one program is specified in permit.

   2. A combination may be advisable because it avoids delay in
      initiating a new program via a major modification to the
      permit.

   3. Regional Administrator may require a combination in permit
      because it facilitates prompt corrective action.

   4. Combinations may be linked to other permit provisions; for
      example, the permit of a unit with an exclusion may provide
      for a monitoring program if the exclusion is lost.

Detection monitoring program.

A.  Applicable when no contaminants apparent.

    1. Similar to monitoring for interim status standards (155);
       may use same wells.

    2. Elements specified in permit.

    3. Owner or operator must agree to conduct corrective action
       if necessary later.

B.  Monitor at limit of waste management area (same as ISS).

    1. Monitor for a few indicator parameters (same as ISS), or

       a. Specific conductance.

       b. Total organic carbon.

       c. Total organic halogens.

       d. Others.

    2. Waste constituents, or

    3. Reaction products.

    4. Other parameters specified in permit by RA on the
       basis of four factors.

       a. Types, quantities,  concentrations of wastes in
          unit.
                                                         31

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        b. Quality of the leachate as it passes through the
           unsaturated zone beneath the waste management area.

        c. Detectability.

        d. Concentrations or values and coefficients of variation in
           background ground water.

C.  Frequency: at least semiannually.

D.  Duration: operating life plus postclosure care period'(approxi-
    mately 30 years).

    1.  If no contamination detected during this time, owner or
        operator has fulfilled responsibilities and can cease
        ground-water monitoring.

E. * Contamination criteria: maintain existing ground-water
    quality, i.e., statistically significant increase of
    monitoring parameter over background.

    1. Student's t-test ~t 0.05 level of significance (coefficient
       of variation less than 1.0), or

    2. RA-specified equivalent (coefficient of variation more
       than 1.0).

?.  Response to contamination.

    1. Repeat analysis; ensure no error.

    2. Within 7 days submit written report to RA.

    3. Immediately:

       a. Sample all wells for Appendix VIII constituents.

       b. Establish concentration and background for Appendix VIII
          constituents.

    4. Within 90 days:

       a. Apply for compliance monitoring permit, or

       b. Demonstrate other source responsible or error, or

       c. Both (to avoid enforcement if demonstration rejected).

    5. Within 180 days:

       a. Submit:

            I. Justification for alternate concentration limits
               (ACLs)—optional.

                                                           32

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              II. Engineering  feasibility plan for  corrective
                  action.

           b. Unless:

               I. All HCs are  parameters covered by the National
                  Interim Primary Drinking Water Regulations  (NIPCWR)
                  and are below maximum concentration  limits  (MCLs), or

              II. Seeking ACLs for all HCs found.

 VI.  Ground-water protection  standard.

      A.  GWPS is normally established when hazardous  constituents
          are detected in ground water at limit of  waste management
          area.

          1.  The standard indicates concentration  limits that
              trigger corrective action.

          2.  Some elements of compliance monitoring rray be
              established in advance in anticipation of possible
              problems.

      B.  Principal elements of standard are hazardous constitu-
          ents, concentration  limits, compliance point, and
          compliance period.

VII.  Hazardous constituents.

      A.  Must be listed in Appendix VIII, Part 261  (387 toxic,
          carcinogenic, -nutagenic, and teratogenic  substances)

      3.  Must have been detected in ground water
          below the regulated  unit.

      C.  Must be reasonably expected to be in or derived from  the
          waste in the unit.

      D.  RA lists in permit as part of C3-JPS.

      E.  RA may exclude some or all Appendix VTII constituents if
          finds no threat to human health and environment (based
          on factors).

        . 1.  At any concentration (infinite).

         - 2.  At any time (infinite).

          3.  May consider non-NIPDWR parameters and exempted
              aquifers in finding.
                                                               33

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F.  Reasons for selecting Appendix VIII.

    1. Appendix VTI hazardous waste constituents.

       a. Not an exhaustive list of all constituents
          of wastes.

       b. Only applies to listed wastes, not character-
          istic hazardous wastes.

       c. Does not account for reaction products with
          other wastes or soil.

    2. Narrative standard with factors.

       a. Does not provide certanity to regulatory community
          or public (scope).

       b. Difficult to implement (chicken-egg problem).

    3. Appendix VIII.

       a. 'Comprehensive list.

       b. Provides certainty regarding scope.

       c. Based on data on health and environmental effects.

G.  Selecting hazardous constituents.

    1. Hazardous constituents are specified in the permit
       by RA.

    2. Owner or operator may deny that the constituents
       come from his regulated unit by showing that it is
       impossible from wastes present, or than it is possible,
       but it is coming from another source.

    3. Variance.

       a. A limited variance may be granted to eliminate
          constituents found in ground water from the
          hazardous constituents listed in the permit.

       b. RA may grant the variance after considering
          the potential for leachate migration;  the quality
          of leachate as it migrates; the current and
          future uses of all water in area; the  potential
          health and environmental effects; and  the
          underground sources of drinking water  identified
          in the Underground Injection Control program.
                                                       34

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VIII.  Concentration Units.

       A.  Concentration limit must be established  for each hazardous
           constituent detected at edge of waste management area.

       B.  Three options.

           1.  A limit based on no statistically significant  increase
               over background.

               a. It protects existing ground—vater quality.

           2.  Numerical limits set at MCLs of the eight metal and
               six pesticides covered by NIPEWR—if higher than
               background.

           3.  A higher ACL based on the owner or operator demonstrating
              that the concentration will not adversely affect health
              and the environment.

              a. RA rust find no threat to human health and environment
                 at ACL at any time (no basis for shorter tirr.e).

              b. Based on same factors as exclusion from HC list,
                 but at some finite concentration.

              c. RA may consider non-NIPDt'TR parameters and exempted
                 aquifers in finding.

              d. Examples.

                   I. HCs bicdegrade before leaving property.

                  II. HCs attenuate before leaving property.

                 III. Site near river; dilution factor.

              e. 'Owner or operator may seek ACLs at any time.

                   I. When initial permit issued.

                  II. Mo later than 180 days after contamination
                      detected.

              f. Major permit modification after GWPS established.

  IX.  Compliance point.

       A.  Compliance point is a vertical surface (many points) in
           uppermost aquifer hydraulically downgradient from regulated
           unit.
                                                               35

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       1.  Is set at limit of waste management area  (may
           encompass several units).

       2.  Is outside liners, dikes, and other barriers.

   B.   Alternatives rejected.

       1.  Directly below waste.

           a. Unwise to drill through unit itself.

           b. Angle drilling unproven.

       2.  Property boundary.

           a. Not enough time for corrective action.

           b. Contaminates large volume of ground water.

       3.  Buffer distance inside property.

           a. At one time, 5-year ground-water flow discussed.

           b. Could not justify 5-year flow number.

           c. Still contaminates large volume of ground water.

   C.   Advantages to limit of waste .Tianagement airea.

       1.  Greatest assurance to public.

       2.  Earliest feasible warning.

       3.  Most time for corrective action.

       4.  Least volume of contaminated ground water.

       5.  Most cost-effective.

       6.  Least likely to deplete aquifer during corrective
           action.

    D.  As permit condition, owner or operator is required to
        clean up any existing ground-water contamination between
        compliance point and property boundary (CERCLA or RCRA,
        Section 7003, is used beyond property boundary).

X.  Compliance period.

    A.  Equals number of years of active life of waste management
        area (including pre-RCRA and ISS).
                                                           36

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     3. Period begins when compliance rnonitoring program
        begins.

     C. Continues until GWPS met for 3 consecutive years,
        if corrective action ongoing at end.

        1. If still in postclosure care period, revert to
           compliance monitoring.

        2. If no HCs over background, revert to detection
           monitoring.

     D. Compliance based on "big plume" theory.

        1. Leading edge of plume starts at facility startup.

        2. Big plume cut off when unit capped at closure.

        3. Some uncertainties owing to differential migration
           rates in soil and ground water.

XI.   Compliance monitoring program.

     A. Applicable when HCs in ground water and GWPS established.

        1. May be initial permit if contamination exists.

        2. May be major permit modification after detection
           monitoring program.

        3. May be coupled with corrective action program.

     B. Determine if GWPS exceeded.

     C. Monitor for all HCs in permit at limit of waste management
        area.

     D. Frequency:  at least quarterly.

     E. Duration:   compliance period.

     F. RA specifies statistical procedure in permit.

     G. Monitor all wells annually for all Appendix VTII constituents
        to determine if additonal HCs entered ground water.  Owner
        or operator reports to RA if more HCs found..

     H. Response if GWPS exceeded.

        1. Within 7 days:

           a. Submit written report to RA.
                                                               37

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           2.   Within 180 days:

               a.  Apply for corrective action permit modification
                  (90 days if have feasibility plan under detection
                  monitoring plan), or

               b.  Prepare demonstration that contamination from
                  another source, or

               c.  Both.

 XII.   Corrective action program.

       A.   Applicable when GWPS exceeded.

           1.   May be initial permit, or

           2.   May follow detection monitoring or compliance monitoring
               programs.

       B.   Requires removal or in-situ treatment of HCs 'until GWPS
           again met.

           1.   Delay or dilution not acceptable.  Slurry walls may,
               however, be used to contain contaminated ground water
               prior to removal or treatment.

       C.   Requires additional ground—water monitoring to demonstrate
           effectiveness.

       D.   Starts and ends at dates specified in permit.

       E.   Continues until GWPS met for 3 consecutive years.

       F.   Will probably require topside treatment facility/ which may
           also need a permit under RCRA or the National Pollutant
           Discharge Elimination System.

XIII.   General monitoring requirements.

       A.   Establish performance standard.

           1.   Monitoring system must yield samples at the compliance
               point that represent the quality of background water un-
               affected by leakage from a regulated unit.

           2.   The number, location, and depth of wells are specified
               in the permit.

       3.   Establish one system for all units.
                                                               38

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C. Case all wells to maintain integrity of monitoring well
   bore holes.

D. Use reliable and accurate sampling and analysis procedures.

E. Determine ground-water elevation for each sample.

F. Determine background.

   1. Levels may fluctuate widely with the seasons.

      a. When recharge rate is high, concentrations are
         often lower.

      b. When recharge rate is lew, concentrations are
         often higher.

   2. In detection monitoring, measure values at least quarterly;
      use mean.

   3. In conpliance monitoring, use,existing data, when
      possible.

      a. The owner or operator applies for permit
         modification to set up a monitoring program
         or acquire additional data during 90-day period.

      b. An owner or operator who wants to account
         for seasonal variations has two options.

         I.  Anticipate the need and collect data in
             advance.

        II.  Continue to collect data after conpliance
             monitoring permit is issued.

   4. Appropriate wells must be used to establish background.

      a. General requirement is that background water quality
         must be based on upgradient wells.

      b. Variance is allowed where (1) hydrogeological conditions
         do not allow determination of what well locations would
         be upgradient and (2) other wells would provide as
         representative an indication of background as upgradient
         wells.

   5. The number of wells is unspecified.

   6. The number of samples is specified.

      a. At least one is required from each upgradient
         well.

                                                        39

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   b.  At least four are required from the system.

Procedures to determine statistical significance.

1.  No one procedure is universally applicable.

2.  The regulations intend to achieve balance between false
    positives and false negatives.

3.  The regulations establish a specific sampling requirement,
    statistical test, and significance level for situations
    where the test is appropriate.

4.  This specific approach serves as a benchmark; against
    which other statistical procedures may be compared.

5.  Standard procedure for detection monitoring is for use
    when background data are approximately normally distributed
    (coefficient of variation less than 1.0).  The procedure
    has three requirements.

    a. Background sampling data.

    b. Data from compliance point.

    c. Specific statistical test protocol.

6.  The mean level of a given constituent is compared to the
    background level;

    a. If the comparison is significant at 0.05 level with
       Cochran's Approximation to Behrens-Fisher Student's
       t-test, a confirmatory retest is
       needed.

    b. The t-test serves as a benchmark for the RA to define
       "reasonable confidence" in alternative statistical
       procedures.

7.  For compliance monitoring, the procedures used will be
    subjected to the "reasonable confidence" standard.

8.  Three situations may require the "reasonable confidence"
    standard.

    a.  When the coefficient of variation in background
        data is greater than 1.0.

    b.  When background levels are not detectable.

    c.  When point-in-tirae comparisons must be made between
        analyses of  upgradient and downgradient samples.
                                                     40

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           PART V.   INTERIM STATUS CONFORMING CHANGES
                    AND PROPOSAL TO PART 265
  I.   Conforming changes are necessary to ensure consistency in appli-
      cation of policy decisions or to ensure that there will not be a
      conflict between provisions in Parts 264 and 265.

 II.   Waste piles (Subpart L).

      A.   Containment (§265.253).

          1.   Surface-water run-on and runoff controls.

              a.   25-year storm design capacity.

              b.   Systems to be emptied or otherwise managed expeditiously
                  after storms  to maintain capacity.

[II.   Land treatment (Subpart M).

      A.   General operating requirements (§265.272).

          1.   Run-on and runoff control systems.

              a.   25-year storm design capacity.  •

              b.   Empty or manage expeditiously after storms.

      8.   Restrictions on food  chain crops (§265.276).

          1.   Removal of ban on food chain crops.

              a.  The stipulation in the property deed to future property
                 owners allows  food chain crops to  be grown on property
                 that has received wastes at high  cadmium application
                 rates if specific site controls are maintained.

      C.   Closure and postclosure (§265.280).

          1.   Continue practices to maximize degradation,  transformation,
              and immobilization.

          2.   Removal of contaminated soils.

          3.   Placement of vegetative cover.

         4.   Monitor ground water.

         5.   Continue monitoring unsaturated zone,  except soil-pore
             liquid  monitoring  may cease 90 days after the last application
             of waste.
                                                                  41

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         6.   .Maintain run-on and  runoff control systems.

         7.   Control  wind dispersal of particulate matter.

         8.   Certification  of proper closure by a qualified soil scien-
             tist.

         9.   PDstclosure care includes soil-core monitoring, restriction
             on  access to unit, compliance with requirements concerning
             food  chain crops,  and control of wind dispersal.

     D.   Ignitable or reactive waste (§265.281).

         1.   Such  waste must not  be land treated unless waste is incor-
             porated  into soil immediately so that the resulting material
             is  no longer  ignitable or reactive;  the general requirements
             for ignitable  and reactive waste are complied  with; and the
             waste is managed so  that it is protected from  any material
             or  conditions  that may cause it to ignite or react.

CV.   Landfills  (SubpartN).

     A.   General operating  requirements (§265.302).

         1.   Run-on and runoff control systems.

          •   a.  25-year storm design capacity.

             b.  Empty or otherwise inanage expeditiously after storms
                to maintain design capacity of system.

     B.   Special requirements for liquid waste.

         1.   Bulk  or  noncontainerized liquid waste or waste containing
             free  liquid must not be place in landfills unless the
             landfill has a liner and a leachate collection and removal
             system.

 V.   Proposal of conforming changes to Part 265.

     A.   Variance  to  2-foot freeboard requirement for surface
         impoundments.

     B.   Final  cover  performance  requirements for surface impound-
         ments  and landfills.

     C.   Additional variance allowing placement of some ignitable
         or  reactive  wastes in surface impoundments..

     D.   More definitive requirements regarding placement of contain-
         ers in landfills.
                                                             42

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            PART VI.  PERMIT REQUIREMENTS (Part 122)

  I.   Part 122 provides for a two-permit application, Parts A and B.

 II.   Requirements for Part A remain unchanged from May 19, 1980,
      regulations.

III.   Part 3 was supplemented January 12, 1981, to provide; specific
      information requirements for owners and operators of treatment
      and storage facilities.

 IV.   No specific permit application requirements accompanied the
      Part 267 temporary standards for land disposal facilities
      issued February 13, 1981.

 V.   Part B requirements were supplemented July 26, 1982, to provide
      specific information requirements for owners and operators of
      land disposal facilities.

      A.  The new regulations subsume January 12, 1981, Part 3
          permitting requirements and add new requirements for
          land treatment units and landfills.

      3.  Mew Part 3 requirements include minor changes to general
          requirements, requirements for each of four types of
          land disposal facilities, and requirements for ground-
          water monitoring.

          1.  General requirements are substantially unchanged
              from January 12, 1981, regulations.

          2.  The applicant must address each aspect of (1) design
              and operation included in appropriate subparts of
              Part 264, and (2)  the ground-water protection program
              in Subpart F.

          3.  The applicant must submit enough information to enable
              the "Director" (Regional Administrator or State official)
              to determine if the unit will be in compliance with
              Part 264 and thus  eligible for a RCRA permit.

      G.  Owners and operators of existing facilities are not required
          to submit Part 8 until requested by EPA or the State.   Owners
          and operators of new facilities must submit both parts at
          least 180 days before  physical construction is expected to
          start.

      D.  An owner or operator who needs to demonstrate the complete
          effectiveness of a land treatment process may receive a
          two-phased permit that will cover not only the field test
          and laboratory analyses but also construction and operation
          of the facility.
                                                              43

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1.  Part 3 must include a plan proposing that the
    demonstration be performed under conditions similar
    or directly relating to those in the treatment
    zone of the unit.

    a.  The conditions to be specified are waste
        characteristics (including the presence
        of Appendix VIII constituents), climate,
        topography, soil characteristics (including
        unsaturated zone monitoring).

2.  The Director processes the permit through Part 124
    procedures.

3.  The Director grants a phased permit if Part 3 contains
    substantial information indicating complete treatment
    is likely.

    a.  First phase establishes conditions based on treat-
        ment demonstration plan, including design and
        operating parameters (including duration of tests
        or analyses and, for field tests, horizontal and
        vertical dimensions of treatment zone), monitoring
        procedures, and cleanup activities after the
        demonstration.

    b.  First phase becomes effective within 30 days of
        end of public comment period.

    c.  The Director includes, as conditions of the second
        phase, all Subpart M requirements pertaining to
        unit design, construction, and operation and
        maintenance.

    d.  Second phase becomes effective when demonstration
        is successfully completed.

4.  The owner or operator submits a certified statement to
    the Director that the tests or analyses were carried
    out according to Phase One conditions.

5.  If the Director determines that the results demonstrate
    that the hazardous constituents can be completely treated,
    he (1) changes the second phase to incorporate any
    additional requirements and (2) makes the second phase
    effective.

6.  The modifications may proceed as either minor modifi-
    cations or as "major" (permit) modifications.

    a.  Examples of minor modifications include waste
        application rate/ technique, or frequency; lining
        or fertilization practices; or depth and frequency
        of tilling.

                                                    44

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        b.  Examples of "major" modifications  include  character-
            istics of the waste and the treatment  zone.

    7.  The Director may approve modifications if  owner or
        operator wants to do additional testing.

E.  An owner or operator denied a phased permit must apply
    for and receive a demonstration permit to  conduct  field
    tests or laboratory analyses.  Part B must cover the  same
    conditions as would be included in the first phase of
    a two-phased permit.     \

F.  An owner or operator seeking a demonstration permit should
    consult the Director regarding Part B requirements, which
    may be fewer than those in a two-phased permit.

G.  The new regulations make two clarifications in the scope
    of the RCPA permit requirement.

    1.  Owners and operators must have permits  during  any
      -  postclosure period and any ccrnpliance  period,  including
        units closed under interim status after January 26, 1983.

        a.  Permits are the means EPA chose to impose  post-
            closure requirements on disposal facilities.  Permits
            allow site-specific implementation  of general standards
            and depend on an existing system (Parts 122 and 124)
            that is fair to owners and the public.

        b.  All disposal facilities, including  those that close
            during interim status, must have postclosure  permits
            to protect human health and the environment and to
            ensure equity to all owners and operators.

        c.  Postclosure permits apply to regulated units.

    2.  EPA can issue or deny a permit to one  or more  units at
        a facility without affecting the interim status of any
        remaining units.

H.  Permits may be modified under certain new conditions.

    1.  When corrective action is not completed expeditiously.

    2.  To include a detection monitoring program when an
        existing monitoring program ends during postclosure.

    3.  When compliance monitoring is required, but data  collected
        before permit is issued indicate ground-water protection
        standard is exceeded.

    4.  When a land treatment unit is not achieving complete
        treatment.
                                                      45

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