EPA 530SW88001
•o
t
<$>
^
United States Office of Solid Waste September 1988
Environmental Protection and Emergency Response
Agency Washington, DC 20460
Office Of Solid Waste
Model RCRA Permit
for Hazardous Waste
Management Facilities
(Draft)
-------
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20460
SEP -8 1988
OFF:CE OF
MEMORANDUM S°UD WASTE AN° EMfcML>ENl-
SUBJECT: Model Permit and Permit Quality Protocol
FROM: Bruce R. Weddle, D
Permits and State Programs Division
TO: Addressees
Attached for your review and use are two draft revised
guidances: Model RCRA Permit for Hazardous Waste Management
Facilities and RCRA Permit Quality Protocol. These documents have
been updated to include more recent rules, policies, and guidances.
The Model Permit will replace models that were sent out years ago
(pre-HSWA). The Protocol will replace the RCRA Permit Quality
Protocol, August 1986. Comments on the incineration sections are
requested by October 28, 1988. Comments on the other sections are
requested by December 16, 1988.
The primary purpose of the Model Permit and Protocol is to
assist Permit Writers in drafting or reviewing hazardous waste
facility permits. They cover process-specific conditions for
container storage areas, tanks, incinerators, waste piles, surface
impoundments, land treatment areas, and landfills, as well as
ground-water monitoring, corrective action, closure and post-closure,
and other general permit and facility conditions. The introduction
to the Model Permit discusses an approach (with examples) to
developing permits. The Protocol is to be used in conjunction with
the Model Permit to evaluate the technical completeness and adequacy
of permits. The Protocol provides a checklist of permit conditions,
which mirrors the Model Permit conditions, for use in evaluating the
completeness of the permit, and for a select number of permit
conditions, the Protocol provides technical and enforceability
evaluation criteria and guidance. In addition, the Protocol is to be
used to help evaluate the completeness and adequacy of the
Administrative Record in supporting the permit conditions. The
Protocol is used by Headquarters when conducting Regional reviews,
and Regions should use it when evaluating the States.
These draft revised guidances reflect the Federal rules as of
July 1, 1987, including the latest tank rules, as well as some more
-------
recent rules, policies, and guidances such as carbon monoxide and
heavy metals conditions for incinerators. The Model Permit module
containing conditions for corrective action for solid waste
management units under RCRA Section 3004(u) is not quite finished, so
it will be mailed separately in the near future when available. The
Model Permit does not include a model for: Mobile Treatment Units
(MTUs); Research, Development, and Demonstration (RD&D) Permits; or
miscellaneous units (Subpart X). The Protocol however does contain a
checklist for RD&D Permits.
Some Regional Permit Writers suggested that it would be helpful
if the Model Permit would identify which conditions are HSWA
conditions. This draft takes a cut at identifying these. In some
cases, however, conditions are both HSWA and pre-HSWA, and the
distinction is less clear (e.g., tank conditions).
This draft Model Permit may be used in developing or finalizing
land disposal permits, but its use is not to delay issuance of these
permits. That is, use of this Model is not required and may not be
possible for current land disposal permits. If Permit Writers wish
to use the draft Model Permit, they should keep in mind that this is
a draft undergoing Regional as well as additional Headquarters review
and should use it with caution.
To assist Permit Writers who may want to use the Model Permit as
a starting point for drafting permits, we are making diskettes of the
Model Permit available to the Regions and States. When using these
diskettes, Permit Writers should keep in mind that this is a draft
model, that it contains many notes and other instructional material
that need to be followed, and that many site-specific conditions need
to be added or tailored to the specific site. Diskettes may be
obtained by directly contacting Ms. D.D. Rhodes of A.T. Kearney, Inc.
at 703-683-7932.
The initial printing of these guidances was limited to 175
copies. Additional copies are currently being ordered. If you would
like additional copies for your staff or to send to your States,
please contact Naum Bers at FTS 475-7239.
Based on review comments on these drafts we may send out revised
pages, modules, or whole new documents based on the extent of the
revisions and on whether the revisions are done in stages rather than
one complete new revision. For example, because of the importance of
the incinerator modules in FY 89, if appropriate, we will revise
those modules first. Even in the longer term, these are considered
to be dynamic documents; that is, improvements and revisions are
expected as additional rules, policies, and guidances are developed
or revised, and better language is developed. Therefore, the longer
range plan is to periodically send out revised pages, modules, or
whole documents as needed.
-------
-3-
Comments or questions on the attached guidances should be
addressed to Kenneth Shuster, Permits and State Programs Division
(OS-340), Office of Solid Waste, U.S. Environmental Protection
Agency, Washington, B.C. 20460, or FTS 382-2214.
Attachments
Addressees:
Gerald Levy, Region I
Linda Murphy, Region I
Mary Jane O'Donnell, Region I
Stanley Siegel, Region II
Andy Bellina, Region II
Frank Langone, Region II
Barry Tornick, Region II
Angel Chang, Region II
Robert Greaves, Region III
John Humphries, Region III
Patrick Anderson, Region III
Sheila Briggs, Region III
James Webb, Region III
James Scarbrough, Region IV
Doug McCurry, Region IV
Betty Willis, Region IV
Craig Brown, Region IV
Beverly Foster, Region IV
Mickey Hartnet, Region IV
Wayne Garfinkel, Region IV
John Dickinson, Region IV
Karl Bremer, Region V
Y. J. Kim, Region V
Rich Traub, Region V
Jim Mayka, Region V
Charles Slaustas, Region V
George Hamper, Region V
Hak Cho, Region V
Randy Brown, Region VI
Sam Becker, Region VI
Bill Honker, Region VI
Henry Onsgard, Region VI
Rob Franke, Region VI
Larry Brnicky, Region VI
Laurie Burch, Region VI
Dan Johansen, Region VI
Mark Sides, Region VI
Mike Sanderson, Region VII
Lyndell Harrington, Region VII
Luetta Flournoy, Region VII
Louis Johnson, Region VIII
Terry Anderson, Region VIII
Larry Wapensky, Region VIII
Judith Wong, Region VIII
Rich Vaille, Region IX
Jim Breitlow, Region IX
Chuck Flippo, Region IX
Larry Bowerman, Region IX
Mike Gearheard, Region X
George Hofer, Region X
Catherine Massimino, Region X
Wallace Reid, Region X
cc: Tina Kaneen, OGC
Fred Chanania, OGC
Elaine Stanley, OWPE
Susan Bromm, OWPE
Steve Heare, OWPE
Susan Hodges, OWPE
Jackie Tenusak, OWPE
Matt Hale, PSPD
Elizabeth Cotsworth, PSPD
George Garland, PSPD
Suzanne Rudzinski, PSPD
Dave Fagan, PSPD
Frank McAlister, PSPD
Margaret Schneider, PSPD
Susan Absher, PSPD
Alex Wolfe, PSPD
Jim Michael, PSPD
Sonya Stelmack, PSPD
RCRA HOTLINE
ASTSWMO
Regional DDs w/o attachments
-------
MODEL RCRA PERMIT
FOR HAZARDOUS WASTE
MANAGEMENT FACILITIES
[DRAFT]
U.S. ENVIRONMENTAL PROTECTION AGENCY
SEPTEMBER 1988
-------
FOREWORD
This "Model Permit" is a guide to help Permit Writers draft and review RCRA
permit conditions. By using language that has, in most cases, already been
well thought out and refined, this model will help: shorten the time needed to
draft and review permits; promote national consistency; and result in clearer
and more readily implementable and enforceable permit conditions.
This guidance is considered to be a dynamic working document. It has been said
that the last permit in each Region (or State) typically serves as the latest
"Model Permit" for the next permit, since it has the latest cogitated and
refined language. This "Model Permit" guidance contains conditions from recent
permits from various Regions. It is anticipated that this model will be
updated periodically, as needed, in order to incorporate: (1) new rules,
policies, and guidances; (2) results of judicial decisions; and (3) Regional
Permit Writer and other comments, and otherwise improved permit condition
language.
Any comments or questions on this version should be addressed to: Kenneth
Shuster, Permits and State Programs Division (OS-340); Office of Solid Waste,
U.S. Environmental Protection Agency, 401 M Street, S.W., Washington, D.C.
20460 (FTS: 382-2214)
Diskettes of the Model Permit are available to Permit Writers only by directly
contacting Ms. DeDe Rhodes, A.T. Kearney, Inc., at (703) 683-7932.
-------
ACKNOWLEDGEMENTS
This Model Permit was compiled by A.T. Kearney, Inc. under contract to EPA.
The EPA Project Officer was Kenneth Shuster.
-------
RCRA MODEL PERMIT
TABLE OF CONTENTS
I. INTRODUCTION 1
II. APPROACH TO WRITING PERMITS 3
III. INSTRUCTIONS FOR USE OF MODEL PERMIT 11
MODEL PERMIT COVER SHEET 12
MODULE I GENERAL PERMIT CONDITIONS I -1
MODULE II GENERAL FACILITY CONDITIONS II-1
MODULE III CONTAINERS III-l
MODULE IV TANKS IV-1
MODULE V SURFACE IMPOUNDMENTS V-l
MODULE VI WASTE PILES VI-1
MODULE VII (A) -LAND TREATMENT OPERATIONS VII (A) -1
MODULE VII(B) -LAND TREATMENT DEMONSTRATIONS VII(B) -1
MODULE VIII---LANDFILLS VIII-1
MODULE IX( A)--INCINERATION IX(A)-1
MODULE IX(B)--SHORT-TERM TEST INCINERATION IX(B)-1
MODULE X GROUND-WATER DETECTION MONITORING X-1
MODULE XI GROUND-WATER COMPLIANCE MONITORING XI-1
MODULE XII (A) -CORRECTION ACTION FOR REGULATED UNITS XII (A) -1
MODULE XII(B)-CORRECTIVE ACTION FOR SOLID WASTE MANAGEMENT UNITS XII(B)-1
Sa SuV^r^ $
MODULE XIII---POST-CLOSURE CARE XIII-1
MODEL RCRA PERMIT SUPPORTING DOCUMENTATION
A. SUMMARY LIST OF PERMIT ATTACHMENTS FROM PERMIT
MODULES I THROUGH XIII A-l
-------
I. INTRODUCTION
PURPOSE OF GUIDANCE. The purpose of this guidance is to help Permit
Writers in drafting or reviewing hazardous waste management facility
permits under Subtitle C of the Resource Conservation and Recovery Act of
1976 (RCRA), as amended. The guidance provides an updated model of
recommended language and format for permit conditions.
SCOPE OF GUIDANCE. The Model Permit consists of a permit cover sheet and
16 modules. The first two modules are applicable to all permits and
cover: general permit conditions (e.g., duration of permit) and general
facility conditions (e.g., waste analysis plan, site security, and
personnel training plan). The next nine modules contain conditions for
each type of unit (e.g., tanks, incinerators, landfills) for which there
are unit-specific standards in 40 CFR Part 264. The next four modules
address ground-water monitoring and corrective action conditions. The
last module addresses post-closure care. The Permit Writer needs to
select which of the last 14 modules are pertinent to the particular
facility under review, and then within all pertinent modules, which
conditions are pertinent.
This version of the Model Permit is based on the EPA regulations in 40
CFR Parts 264, 268, and 270, as of July 1, 1987, and related policies and
guidances. It supersedes all earlier versions. In addition, included in
this guidance are permit conditions contemplated for corrective actions
for solid waste managements units (SWMUs) under HSWA1 [presented in
Module XII(B)]. The guidance does not include a model permit for mobile
treatment units (MTUs), which will appear in a separate guidance
document, nor does it include a model permit for Research, Development,
and Demonstration (RD&D) permits nor for miscellaneous units (Subpart X).
(The "Model RCRA Research, Development and Demonstration, Fact Sheet and
Public Notice," (EPA/530-SW-87-003), dated January 1987 does provide a
model for RD&D permits.)
The Hazardous and Solid Waste Amendments of 1984 (HSWA) amended RCRA
to include Section 3004(u) to require corrective action for all
releases of hazardous waste or constituents from any SWMU at a
facility seeking a RCRA permit. These permits may include schedules
of compliance for such corrective action where the corrective action
cannot be completed prior to permitting. A new Subpart S to 40 CFR
264, with associated amendments to 40 CFR 270, is being developed to
implement this provision. Nevertheless, all permits issued before
these rules are finalized must include permit conditions to address
corrective action for SWMUs. Because of this statutory requirement,
the Model Permit includes Module XII(B), addressing corrective
action for SWMUs, even though the detailed rules have not yet been
issued.
- 1 -
-------
The Model Permit identifies: (1) conditions that are exclusive to I
existing facilities and conditions that are exclusive to new facilities, ^
as well as conditions that apply to both existing and new facilities; (2)
optional methods of meeting the regulatory requirements, where allowed;
and (3) conditions which may be waived or varied under the regulations.
The Model Permit may be used for drafting or reviewing post-closure
permits, as well as for operating permits, by eliminating the conditions
for operating requirements that no longer apply.
RELATIONSHIP OF MODEL PERMIT TO PERMIT QUALITY PROTOCOL. The Model
Permit guidance is meant to be used in conjunction with the RCRA Permit
Quality Protocol . The Protocol provides: (1) a checklist of permit
conditions, which mirrors the Model Permit conditions, to be used to
review the completeness of the permit, (2) a "Permit Condition Evaluation
Guidance," (3) a discussion of the purpose and content of the
Administrative Record to support the permit and a checklist for
procedural requirements, and (4) a checklist for RCRA RD&D permit
conditions. The "Permit Condition Evaluation Guidance" gives information
on how to evaluate a select number of permit conditions in terms of: a)
thoroughness and technical soundness, by providing a description of the
scope and content of the condition and pertinent information that should
be in Part B of the permit application to support the condition, and by
listing references to help with technical evaluations and b)
enforceability of permit conditions.
The RCRA Permit Quality Protocol. EPA, September 1988, is an updated
version of the RCRA Permit Quality Protocol. EPA, August 1986.
- 2 -
-------
II. APPROACH TO WRITING PERMITS
Permits establish the requirements that facilities must comply with
(since, in general, compliance with a RCRA permit constitutes compliance,
for enforcement purposes, with Subtitle C of RCRA). Therefore, it is
necessary for the permit to be:
(1) Protective of human health and the environment,
(2) Comprehensive (i.e., reflect all the pertinent requirements in
the regulations, 40 CFR Parts 264, 268, and 270, and HSWA--
requirements not in the regulations that are implemented via
statute,
(3) Technically sound, and
(4) Enforceable (i.e., clear, unambiguous, and specific).
Clearly, these are inter-related. For example, if a permit condition is
not technically sound, it may not be protective, meet the regulations, or
be enforceable. The Permit Writer is responsible for making sure the
permit meets these criteria. Tools available to the Permit Writer
include: (1) the regulations (and related Federal Register preambles),
primarily 40 CFR Parts 264, 268, and 270, (2) RCRA, as amended by HSWA,
(3) the permit (Part B) application, (4) enforcement inspection and other
site-specific reports, (5) Agency guidances and regulatory
interpretations, as contained in the OSWER directives system and "Permit
Policy Compendium" (including this Model Permit and the Permit Quality
Protocol), and (6) technical documents/texts. The Model Permit and
Protocol give references to (1), (2), (3), (5), and some (6).
Permit development begins with submission of the permit (Part B)
application. Permit applications are required to address all the
hazardous waste facility requirements, contained primarily in 40 CFR
Parts 264, 268, and 270, and HSWA. These applications include location,
design, construction, operation, monitoring, closure, and post-closure
information, which require various technical expertise to review (e.g.,
hydrogeology, chemistry, civil engineering, and statistics). During the
permit application review process, technical soundness, comprehen-
siveness, and protectiveness aspects listed above are thoroughly
evaluated. Once the permit application is determined to be complete,
technically sound, and protective, permit conditions incorporating this
Part B information will likewise tend to be complete, technically sound
and protective and easier to review for these attributes.
To determine what conditions to include in the permit, the Permit Writer
needs to: (1) address all pertinent requirements in the regulations
(Parts 264, 268, and 270) and HSWA and (2) include items proposed by the
Permittee in Part B of the permit application to meet the regulations or
to protect human health and the environment.
Since both the permit application and the permit must address all
applicable requirements in the regulations and HSWA, the completeness
checks are similar and mirror the regulations and HSWA, but the permit
application checklist needs to be more detailed and technically oriented,
since it also includes the requisite ana'lyses to determine whether the
design, etc. meets the performance standards.
- 3 -
-------
DEVELOPING PERMIT CONDITIONS. At the end of this chapter are two
examples that illustrate how to develop permit conditions from regulatory
requirements and the Part B, including the necessary technical reviews
and supporting information needed in the Administrative Record.
ENFORCEABILITY. In general, to enhance clarity and enforceability, it
helps to ask and answer, for each permit condition, the following
questions: WHAT?, WHERE?, HOW?, WHEN?, BY WHOM?, and TO WHOM? If a
permit condition does not clearly answer these questions, then the permit
condition may need to be modified to do so. These questions should be
asked of all permit attachments (Part B items incorporated by reference),
as well as the permit conditions. [See also the discussion on
specificity versus flexibility in the next section on INCORPORATION OF
PART B ITEMS INTO PERMIT.]
INCORPORATION OF PART B ITEMS INTO PERMIT. As discussed above, the Model
Permit incorporates, by reference, a number of items that should be in
Part B of the permit applications. Some of these items are specifically
required by the 40 CFR Part 264 rules, as well as the Part 270 rules
(e.g., Facility Inspection Schedule; Contingency Plan; Closure Plan;
Post-Closure Plan). It is entirely appropriate (if well written,
comprehensive, technically sound, and enforceable) to incorporate these
items by specific reference.
In some cases, the Permit Writer may want to incorporate other items that
are in the Part B, such as run-on/run-off control system designs and
liner and leachate collection and removal system designs, that are
required by 40 CFR Part 270 to demonstrate compliance with Part 264
performance standards. These items can be incorporated by either placing
the specific information in the permit (as permit conditions) or by
referencing these items, and either attaching them to the permit, or in
some cases, including a specific reference to the item, in the Part B or
Administrative Record (e.g., for engineering drawings).
Three cautions are warranted here: (1) the Permit Writer must be very
careful to make sure that only what is desired as a permit condition is
incorporated by reference, (2) that the incorporated material says what
the Permit Writer wants it to say (e.g., it is enforceable as discussed
above), and (3) that the permit provide flexibility for modifications.
These are discussed below.
When incorporating, by reference, items that are in Part B of the permit
application, the Permit Writer needs to make sure that the reference
includes a concise description of each item, including, as appropriate,
the document title, number, and date, and any updates or amendments to
the item. This is particularly true of Part B items that have undergone
substantial revisions, including replacements, addenda, and errata. In
general, it is best to have a consolidated, updated document to
reference, rather than an original document that has a number of
replacements, addenda, or errata. Where practical, it is also best to
attach to the permit all items incorporated by reference.
- 4 -
-------
If the Part B material the Permit Writer wants to incorporate does not
contain the information the Permit Writer wants it to, then, as discussed
above, the Permit Writer needs to get the owner/operator to revise it.
Otherwise, the Permit Writer will have to draft the appropriate permit
condition to overcome the deficiency.
It is desirable, for enforcement purposes, for a permit to be very
detailed (e.g., to include design specifications from the Part B).
However, the more detailed a permit is, the more restrictive it becomes.
In some cases, such restrictiveness can be counterproductive. For
example, it could unnecessarily delay implementation of environmentally
desirable changes, such as installation of monitoring wells, level
controls, or leachate sump pumps. Such actions may be technically
necessary or desirable but for procedural and legal reasons must be
foregone or postponed since, in order to stay in compliance with the
permit, the Permittee must seek and get approval of a permit modification
before making any desirable or necessary changes.
Such changes may be precipitated by: (1) obsolescence (e.g., the
manufacturer goes out of business or discontinues the specified model),
(2) a desire to upgrade (e.g., a thicker liner, a greater capacity pump),
(3) cost (e.g., the availability of a comparable or better model that is
cheaper), (4) new performance information (e.g., that shows another model
to be superior), (5) a new technically improved model (e.g., a new
material), or (6) a change in personnel or procedure (e.g., a change in
person identified in the contingency plan as responsible for responding
to emergencies). For example, it may be desirable or necessary to
replace the "XYZ Company Model 15" 50 gpm cast iron, manually activated
leachate sump pump with an activated leachate sump pump (an available
pump that the manufacturer still services, of greater capacity, of better
material, with better controls, and more reliable). A good solution to
this dilemma is to include the detailed specifications in the permit
conditions, but also to provide flexibility by permit language that
allows changes. Such language could state that for changes to items in
the permit, the owner/operator must notify EPA (usually in advance) and
follow the permit modification rules, which are currently being revised
(i.e., some changes can be made by notice without EPA approval, or
proposed changes can be made upon notification and approval, or after no
word from EPA by a certain date, and some changes can only be made by
notice to EPA and formal permit modification, including public notice and
comment, at the other extreme).
The substitution of an equivalent or better device or of a different
contact person for emergencies could be examples of the first extreme.
Model Permit conditions I.E.10. and I.E.11. address Permittee reporting
requirements for facility changes and condition I.B.I, addresses causes
for permit modifications.
At the back of each module is a list of the Part B items referenced in
that module. In general, these items should be attached to the permit.
- 5 -
-------
USE OF COMPLIANCE SCHEDULES IN THE PERMIT. Under Section 270.33, the
permit may specify a schedule of compliance leading to compliance with
the Act and regulations. Any schedule of compliance must require the
facility to come into compliance as soon as possible, and specify the
compliance date. If the compliance schedule is for more that one year,
it must include interim requirements and dates. The time between interim
dates shall not exceed one year, except if a task is not readily
divisible into stages of less than one year to complete, then submission
of progress reports by interim dates shall be required.
Compliance schedules are appropriate to allow facilities to come into
compliance with HSWA requirements and Part 264 standards, if they are not
already required under Parts 265 or 270 (e.g., for installation of liners
and LCRSs). In general, compliance schedules should not be used in
permits to secure compliance with Parts 265 or 270, to the extent such
requirements are relevant to the permit issuance. This is especially
true of requirements upon which other conditions are based, such as a
lack of adequate hydrogeologic assessment to determine ground-water
monitoring system design. NODs, compliance orders, and permit denials
are generally more appropriate for these deficiencies.
USE OF "OMNIBUS" PROVISION. The conditions listed within each module of
this Model Permit should cover most situations. However, under authority
of Section 3005(c)(3) of RCRA [which was added by Section 212 of HSWA and
codified as 40 CFR 270.32(b)(2)], Permit Writers can add terms and
conditions that are not final regulations in Part 264 or Part 270, if
they determine that such conditions are necessary to protect human health
and the environment for that facility. This is referred to as the
"omnibus" provision. For example, Permit Writers might want to add
provisions in the ground-water monitoring modules for: (1) unsaturated
zone monitoring (where depth or flow time to the water table is
relatively great and the hydrogeologic setting is quite complex); (2)
saturated zone monitoring in a low permeability (confining) zone above an
aquifer; (3) air monitoring for certain volatile organics; or (4) well
abandonment. The statement of basis or Fact Sheet accompanying the
permit must explain the basis or rationale for these conditions, and the
Administrative Record must document the basis.
The legislative history pertaining to the "omnibus" provision suggests
that an appropriate use of this provision is to add conditions to a
permit that reflect proposed or pending rules. That way, the permit will
not have to be modified when the rule is finalized. Again, the omnibus
provision should be used only where it is deemed necessary to protect
human health and the environment. In deciding on whether to include such
a provision and in crafting the language for the provision, the Permit
Writer should assess the probability that the rule will be finalized as
written and that the condition is needed, in the short term, in the
permit to protect human health and the environment.
AUTOMATIC INCORPORATION OF HSWA ITEMS INTO PERMIT. In several instances,
HSWA imposes self-implementing requirements that apply to certain
facilities, regardless of what their current permit conditions say. 40
CFR 270.4 has been amended (52 FR 45788, December 1, 1987) to clarify
- 6 -
-------
that compliance with a RCRA permit constitutes compliance with Subtitle C
of RCRA, except for HSWA self-implementing requirements. That is, the
permit does not shield the facility from these requirements. There is no
need to reopen or modify the existing permits to incorporate these
provisions, unless a variance is sought (where the statute provides for a
variance). The reason is that these requirements go into effect by
statute (e.g., the ban on bulk liquids in landfills and regulations
promulgated under 40 CFR Part 268 restricting the placement of hazardous
wastes in or on the land). Thus, the land disposal restrictions are
fully enforceable, notwithstanding contrary or absent permit provisions
concerning land disposal.
For land disposal permits that are now being drafted, it is not necessary
(but is recommended) to provide permit conditions regarding the
applicability of the land disposal restrictions, since they apply
automatically. For the land disposal restriction rules already issued
and permits issued after additional rules are finalized, it is
recommended that the applicable conditions be incorporated into the
permit. However, whether or not such conditions are included, the Fact
Sheet should briefly describe the effect of new land disposal restriction
requirements for the benefit of the public and the facility
owner/operator.
ADMINISTRATIVE RECORD. Because the Administrative Record is the official
documentation explaining the basis of permit conditions and the only
supporting evidence that EPA can use during appeals of permit decisions,
the RCRA Permit Quality Protocol includes a chapter on Administrative
Records. The chapter includes a checklist for Administrative Record
content.
Example #1: Regarding run-on and run-off, the regulations require:
" (f) The owner or operator must design, construct, operate, and
maintain a run-on control system capable of preventing flow onto the
active portion of the landfill during peak discharge from at least a
25-year storm.
(g) The owner or operator must design, construct, operate, and
maintain a run-off management system to collect and control at least
the water volume resulting from a 24-hour, 25-year storm.
(h) Collection and holding facilities (e.g., tanks or basins)
associated with run-on and run-off control systems must be emptied
or otherwise managed expeditiously after storms to maintain design
capacity of the system." [40 CFR 264.301]
This is a design and operation performance standard, as are many of the
Part 264 requirements, which provides flexibility to the permit applicant
but also requires a substantial amount of information to be supplied and
evaluated. For this run-on/run-off example, the applicant must provide:
design specifications (e.g., dimensions and locations of dikes, berms,
culverts, basins, and tanks, etc., for both the run-on and run-off
systems); operating plans (e.g., how run-off will be treated and
discharged; how tank or basin levels will be controlled); and any test
and analysis information to support the design or operating procedures
- 7 -
-------
and to show they meet the performance standards (e.g., peak
flow/discharge and maximum volume calculations, based on watershed size, •
shape, slope, and surface, etc., to show that the size of the culverts, ^
tanks, pumps, etc. are large enough to handle the 25-year storm). During
the permit application review process, the Permit Writer makes sure the
application is complete, and that the design and operating plans are
technically sound and meet the performance standards. This evaluation
may include independent analyses and/or a check on the calculations
presented by the applicant. The "Permit Condition Evaluation Guidance"
in the Protocol includes a discussion of evaluation criteria for the
design, construction, and operating plans for run-off controls, including
supporting calculations and references for further information on how to
evaluate these. Three EPA-developed references are given: the "Permit
Applicants' Guidance Manual" (1984), the "Permit Writers' Guidance
Manual" (1983), and the "Construction Quality Assurance Manual" (1985),
each of which has detailed technical discussions and provides further
references. The Permittee and Permit Writer analyses to support the
determination of regulatory compliance need to be placed in the
Administrative Record [see discussion of Administrative Record in the
Protocol].
Once the permit application is complete, is judged technically sound and
protective, and meets the performance standards, the task of writing the
permit is greatly simplified. Continuing with the run-on/run-off
example, the respective Model Permit conditions specify:
" The permittee shall design, construct, operate, and maintain a run-
on control system...[and] run-off management system... in accordance
with the design plans, specifications, and operating practices
contained in Permit Attachment[s]...[from Part B of the permit
application]."
" The Permittee shall empty or otherwise manage run-on and run-off
collection and holding facilities to maintain the design capacity of
the systems(s), in accordance with the design plans and operating
practices specified in Permit Attachment[s]...[from Part B of the
permit application]."
Clearly, if this approach is used (i.e., including, by reference,
portions of the permit (Part B) application), it simplifies the permit
and writing the permit, but requires that the Part B be complete, clear,
unambiguous, and correct. It also helps if the Part B doesn't contain
superfluous information. Since the Part B is written by the Permittee,
and often by a consultant or number of specialized consultants hired by
the Permittee, the Part B may not meet these criteria. One way to
correct this is to have the Permittee revise the Part B, which typically
means a detailed review and perhaps even a rewrite of portions by the
Permit Writer. (Generally, the Permit Writer should not write portions
of the permit application, but on occasion some drafted or suggested
language in review comments by the Permit Writer is more expeditious and
helpful than a critical statement.) Or the Permit Writer may need to
incorporate only relevant portions of the Part B, and/or provide the
needed language directly in the permit.
-------
Example #2: Regarding leachate collection and removal systems (LCRSs),
the regulations require:
" A leachate collection -and removal system immediately above the liner
that is designed, constructed, maintained, and operated to collect
and remove leachate from the landfill. The Regional Administrator
will specify design and operating conditions in the permit to ensure
that the leachate depth over the liner does not exceed 30 cm (one
foot). The leachate collection and removal system must be:
(i) Constructed of materials that are:
(A) Chemically resistant to the waste managed in the
landfill and the leachate expected to be generated;
and
(B) Of sufficient strength and thickness to prevent
collapse under the pressures exerted by overlying
wastes, waste cover materials, and by any equipment
used at the landfill; and
(ii) Designed and operated to function without clogging through
the scheduled closure of the landfill." [40 CFR
264.301(a)(2)]
Regarding the LCRS, the codified HSWA rules state:
" (c) The owner or operator...must install...a leachate collection
system above and between the liners...[that] protects[s] human
health and the environment." [40 CFR 264.301(c)]
As in the run-on/run-off example, both of these are design and operation
performance standards, which provide flexibility to the permit applicant
but also require a substantial amount of information to be supplied and
evaluated. Although the above HSWA language essentially replaced
264.301(a)(2), and the HSWA language is more vague, in practice, the
264.301(a)(2) language is being applied to meet the HSWA performance
standard, except that the one-foot head requirement is viewed as a
longer-duration maximum that may be exceeded temporarily upon major storm
events. At any rate, the information and evaluation needs are the same.
That is, the applicant must provide: design specifications (e.g., to
determine the head or to show compliance with the one-foot head
requirement, the design must specify: thickness of drainage layer,
permeability of drainage layer, slope of drainage layer bottom, length of
run or distance between drainage sumps, permeability of bottom layer, and
sump removal rate); operating plans (e.g., will the sumps be
automatically activated and how, or will they be manually inspected and
activated and at what frequency, etc.); and any test and analysis
information (e.g., leachate/drainage layer compatibility test results;
weight/compressibility analyses; leachate generation and impingement rate
analyses, in conjunction with the design, to show compliance with the
one-foot head). As in the previous example, during the permit
application review process, the Permit Writer makes sure the application
is complete, and that the design and operating plans are technically
sound and meet the performance standards. This evaluation may include
- 9 -
-------
independent analyses and/or a check on the calculations presented by the
applicant. Again, these supporting calculations need to be placed in the
Administrative Record.
Once the permit application is complete and is judged technically sound
and protective, the task of writing the permit is greatly simplified.
Continuing with the LCRS example, the Model Permit condition simply
states:
" The Permittee shall install... two leachate collection and removal
systems... in accordance with the design plans and reports contained
in Permit Attachment VIII-1."
The Model Permit then contains the following two notes to the Permit
Writer:
o "Detailed design drawings of...the leachate collection and removal
system and engineering reports contained in Permit Attachment VIII-
.1, must demonstrate how the Permittee will meet all of the
requirements of 40 CFR 264.301(c)."
o "The Permit Writer should provide a brief description of
the...leachate collection and removal system (e.g., construction
materials, thickness and permeability of drainage layer). Example
language is as follows: ...The leachate collection and removal
system shall consist of a drainage tile system, embedded in a course
sand media of 1x10"^ cm/sec or greater permeability, discharging to
a sump with a level-controlled positive displacement pump,
discharging to Tank 002 for subsequent testing and discharge to
NPDES-regulated Outfall 002 or to the leachate treatment system."
Clearly, it is very important that the referenced LCRS design and
operating plans be complete, clear, and technically sound.
- 10 -
-------
III. INSTRUCTIONS FOR USE OF GUIDANCE
In developing a permit for a specific facility, Permit Writers should
include the permit cover or authorization sheet and Modules I (General
Permit Conditions) and II (General Facility Conditions). In addition,
any other modules (e.g., tank systems, landfills) that pertain to the
facility should be included. Omit the others and renumber the remaining
modules accordingly.
The modules contain bracketed items. These are either: (1) citations
from the Act (RCRA/HSWA) or RCRA regulations (i.e., from 40 CFR Parts
260-264, 266, 268, 270, and 124) and should be included in the permit
(States should substitute or add their own citations); (2) optional
language or alternatives that require the Permit Writer to select the
appropriate words; or (3) explanatory notes (in bold type) that give
guidance but should not be included as part of the actual permit.
The major HSWA provisions are also identified in each module to help
Permit Writers decide which provision should be addressed by EPA or State
Permit Writers where a State is only partially authorized.
APPLICABILITY TO STATE PERMITS. The Model Permit can be used by State
Permit Writers as well as EPA Permit Writers. It will be particularly
useful in those States whose regulations closely mirror EPA's.
Appropriate State-specific terms will need to be substituted for EPA-
specific terms such as "Regional Administrator." State Permit Writers
will also need to add or revise permit conditions for any State
regulatory requirements that are broader in scope, more stringent, or
otherwise different than the Federal requirements.
- 11 -
-------
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
PERMIT
FOR A HAZARDOUS WASTE MANAGEMENT FACILITY
Permittee Facility Identification
Number
Permit Number
Pursuant to the Solid Waste Disposal Act, as amended by the Resource
Conservation and Recovery Act of 1976, as amended (42 USC 6901 et seq..
commonly known as RCRA) and regulations promulgated thereunder by the
U.S. Environmental Protection Agency (EPA) (codified and to be codified
in Title 40 of the Code of Federal Regulations), a Permit is issued to
[insert name of the Permittee] (hereafter called
the Permittee), to operate a hazardous waste [choose applicable
management method: treatment, storage, and/or disposal] facility located
in [insert name of city and state] , on [insert street
address] , at latitude and longitude ,
summarily described as follows:
[Note: The Permit Writer should insert a brief description of the
facility here. This description should contain the following
information: a summary of the types of waste management units (e.g.,
tanks, landfills) permitted; whether or not the facility is required to
conduct ground-water monitoring; how closure will be accomplished (e.g.,
clean closure or closure in place); the types of waste management units
(tanks, waste pile, surface impoundment, landfill, or land treatment
units) that may require post-closure; whether the facility is or will be
taking corrective action; and whether the Permit includes any compliance
schedules. Note also any special features associated with the operation
and associated permit conditions.]
The Permittee must comply with all terms and conditions of this Permit.
This Permit consists of the conditions contained herein (including those
in any attachments) and the applicable regulations contained in 40 CFR
Parts 260 through 266, 270, and 124, as specified in the Permit.
Applicable regulations are those which are in effect on the date of
issuance of the Permit, in accordance with 40 CFR 270.32(c).
This Permit is based on the assumption that the information submitted in
the Part B Permit Application attached to the Permittee's letter dated
, as modified by subsequent amendments [dated and
], (hereafter referred to as the Application) is accurate and that
the facility will be [constructed and] operated as specified in the
Application.
Any inaccuracies found in the submitted information may be grounds for
the termination, revocation and reissuance, or modification of this
Permit in accordance with 40 CFR 270.41, 270.42, and 270.43 and for
- 12 -
-------
enforcement action. The Permittee must inform EPA of any deviation from
or changes in the information in the application which would affect the
Permittee's ability to comply with the applicable regulations or permit
conditions.
This Permit is effective as of , 19 and shall remain in effect
until , 19 unless revoked and reissued under 40 CFR 270.41,
terminated under 40 CFR 270.43, or continued in accordance with
270.51(a).
[Note: For land disposal facilities, add the following condition.]
This Permit shall be reviewed by the Regional Administrator five years
after the date of Permit issuance or reissuance and shall be modified as
necessary, as provided in 40 CFR 270.41. [40 CFR 270.50(d)]
[Signature]
Date [Insert name and title of person
authorized to issue the Permit]
- 13 -
-------
September 1988
MODULE I - GENERAL PERMIT CONDITIONS
[Note: This permit module contains the general conditions required for
all RCRA permits by 40 CFR Part 270. This module must be included in all
RCRA Permits, except the following optional permit conditions: I.E.12,
I.E.14, and I.I.]
[Note: The Permit Writer should refer to the RCRA Permit Quality
Protocol for additional guidance in developing or reviewing permit
conditions. See discussion of the RCRA Permit Quality Protocol in the
Introduction to this Model Permit.]
I.A. EFFECT OF PERMIT
The Permittee is allowed to [insert appropriate method: treat, store,
and/or dispose on-site] hazardous waste in accordance with the conditions
of this Permit. Any [storage, treatment, and/or disposal] of hazardous
waste not authorized in this Permit is prohibited. Subject to 40 CFR
270.4, compliance with this Permit generally constitutes compliance, for
&2purposes of enforcement, with Subtitle C of RCRA. Issuance of this
Permit does not convey any property rights of any sort or any exclusive
privilege; nor does it authorize any injury to persons or property, any
invasion of other private rights, or any infringement of state or local
law or regulations. Compliance with the terms of this Permit does not
constitute a defense to any order issued or any action brought under
Sections 3008(a), 3008(h), 3013, or 7003 of RCRA; Sections 106(a), 104 or
107 of the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601 et seq.. commonly known as CERCIA),
or any other law providing for protection of public health or the
environment. [40 CFR 270.4, 270.30(g)]
I.E. PERMIT ACTIONS
I.B.I. Permit Modification. Revocation and Reissuance. and
Termination
This Permit may be modified, revoked and reissued, or
terminated for cause, as specified in 40 CFR 270.41,
270.42, and 270.43. The filing of a request for a permit
modification, revocation and reissuance, or termination,
or the notification of planned changes or anticipated
noncompliance on the part of the Permittee, does not stay
the applicability or enforceability of any permit
condition. [40 CFR 270.4(a) and 270.30(f)]
I - 1
-------
September 1988
I.B.2. Permit Renewal
This Permit may be renewed as specified in 40 CFR
270.30(b) and Permit Condition I.E.2. Review of any
application for a Permit renewal shall consider
improvements in the state of control and measurement
technology, as well as changes in applicable regulations.
[40 CFR 270.30(b), HSWA Sec. 212]
I.C. SEVERABILITY
The provisions of this Permit are severable, and if any provision of this
Permit, or the application of any provision of this Permit to any
circumstance is held invalid, the application of such provision to other
circumstances and the remainder of this Permit shall not be affected
thereby. [40 CFR 124.16(a)]
I.D. DEFINITIONS
For purposes of this Permit, terms used herein shall have the same
meaning as those in 40 CFR Parts 124, 260, 264, 266, 268, and 270, unless
this Permit specifically provides otherwise; where terms are not defined
in the regulations or the Permit, the meaning associated with such terms
shall be defined by a standard dictionary reference or the generally
accepted scientific or industrial meaning of the term. "Regional
Administrator" means the Regional Administrator of EPA Region , or
his designee or authorized representative.
I.E. DUTIES AND REQUIREMENTS
I.E.I. Duty to Comply
The Permittee shall comply with all conditions of this
Permit, except to the extent and for the duration such
noncompliance is authorized by an emergency Permit. Any
Permit noncompliance, other than noncompliance authorized
by an emergency Permit, constitutes a violation of RCRA
and is grounds for enforcement action; for Permit
termination, revocation and reissuance, or modification;
or for denial of a Permit renewal application. [40 CFR
270.30(a)]
I.E.2. Duty to Reapply
If the Permittee wishes to continue an activity allowed by
this Permit after the expiration date of this Permit, the
Permittee shall submit a complete application for a new
I - 2
-------
September 1988
Permit at least 180 days prior to Permit expiration. [40
CFR 270.10(h), 270.30(b)]
I.E.3. Permit Expiration
Pursuant to 40 CFR 270.50, this Permit shall be effective
for a fixed term not to exceed ten years. As long as EPA
is the Permit-issuing authority, this Permit and all
conditions herein will remain in effect beyond the
Permit's expiration date, if the Permittee has submitted a
timely, complete application (see 40 CFR 270.10, 270.13
through 270.29) and, through no fault of the Permittee,
the Regional Administrator has not issued a new Permit, as
set forth in 40 CFR 270.51.
I.E.4. Need to Halt or Reduce Activity Not a Defense
It shall not be a defense for the Permittee, in an
enforcement action that it would have been necessary, to
halt or reduce the Permitted activity in order to maintain
compliance with the conditions of this Permit. [40 CFR
270.30(c)]
I.E.5. Duty to Mitigate
In the event of noncompliance with this Permit, the
Permittee shall take all reasonable steps to minimize
releases to the environment and shall carry out such
measures, as are reasonable, to prevent significant
adverse impacts on human health or the environment. [40
CFR 270.30(d)]
I.E.6. Proper Operation and Maintenance
The Permittee shall at all times properly operate and
maintain all facilities and systems of treatment and
control (and related appurtenances) which are installed or
used by the Permittee to achieve compliance with the
conditions of this Permit. Proper operation and
maintenance includes effective performance, adequate
funding, adequate operator staffing and training, and
adequate laboratory and process controls, including
appropriate quality assurance/quality control procedures.
This provision requires the operation of back-up or
auxiliary facilities or similar systems only when
necessary to achieve compliance with the conditions of
this Permit. [40 CFR 270.30(e)]
I - 3
-------
September 1988
I.E.7. Duty to Provide Information
The Permittee shall furnish to the Regional Administrator,
within a reasonable time, any relevant information which
the Regional Administrator may request to determine
whether cause exists for modifying, revoking and
reissuing, or terminating this Permit, or to determine
compliance with this Permit. The Permittee shall also
furnish to the Regional Administrator, upon request,
copies of records required to be kept by this Permit. [40
CFR 264.74(a), 270.30(h)]
I.E.8. Inspection and Entry
Pursuant to 40 CFR 270.30(i), the Permittee shall allow
the Regional Administrator, or an authorized
representative, upon the presentation of credentials and
other documents, as may be required by law, to:
I.E.8.a. Enter at reasonable times upon the Permittee's
premises where a regulated facility or activity is
located or conducted, or where records must be kept
under the conditions of this Permit;
I.E.S.b. Have access to and copy, at reasonable times, any
records that must be kept under the conditions of
this Permit;
I.E.S.c. Inspect at reasonable times any facilities, equipment
(including monitoring and control equipment),
practices, or operations regulated or required under
this Permit; and
I.E.S.d. Sample or monitor, at reasonable times, for the
purposes of assuring Permit compliance or as
otherwise authorized by RCRA, any substances or
parameters at any location.
I.E.9. Monitoring and Records
I.E.9.a. Samples and measurements taken for the purpose of
monitoring shall be representative of the monitored
activity. The method used to obtain a representative
sample of the waste to be analyzed must be the
appropriate method from Appendix I of 40 CFR Part 261
or an equivalent method approved by the Regional
Administrator. Laboratory methods must be those
specified in Test Methods for Evaluating Solid Waste:
I - 4
-------
September 1988
Physical/Chemical Methods SW-846. Standard Methods o£
Wastewater Analysis, or an equivalent method, as
specified in the Waste Analysis Plan (See Permit
Attachment II-l). [40 CFR 270.30(j)(1)]
I.E.9.b. The Permittee shall retain records of all monitoring
information, including all calibration and
maintenance records and all original strip chart
recordings for continuous monitoring instrumentation,
copies of all reports and records required by this
Permit, the certification required by 40 CFR
264.73(b)(9), and records of all data used to
complete the application for this Permit for a period
of at least 3 years from the date of the sample,
measurement, report, record, certification, or
application. These periods may be extended by
request of the Regional Administrator at any time and
are automatically extended during the course of any
unresolved enforcement action regarding this
facility. [For tanks and land treatment, storage, and
disposal units: The Permittee shall maintain records
from all ground-water monitoring wells and associated
ground-water surface elevations for the active life
of the facility, and for disposal facilities for the
post-closure care period as well.] [40 CFR 264.74(b)
and 270.30(j)(2)]
I.E.9.C. Pursuant to 40 CFR 270.30(j)(3), records of
monitoring information shall specify:
i. The dates, exact place, and times of sampling or
measurements;
ii. The individuals who performed the sampling or
measurements;
iii. The dates analyses were performed;
iv. The individuals who performed the analyses;
v. The analytical techniques or methods used; and
vi. The results of such analyses.
I.E.10. Reporting Planned Changes
The Permittee shall give notice to the Regional
Administrator, as soon as possible, of any planned
I - 5
-------
September 1988
physical alterations or additions to the Permitted
facility. [40 CFR 270.30(1)(1)]
I.E.11. Reporting Anticipated Noncompliance
The Permittee shall give advance notice to the Regional
Administrator of any planned changes in the permitted
facility or activity which may result in noncompliance
with permit requirements. [40 CFR 270.30(1)(2)]
I.E.12. Certification of Construction or Modification
[Note: This condition only applies if the facility is
new, modified, or contains, or will contain, new units,
unit expansions, or modified units. Delete this condition
if the Permit is for an existing facility containing
existing units only.]
The Permittee may not commence [insert appropriate method:
treatment, storage, or disposal] of hazardous waste
[insert as appropriate: "at the facility" or "in the
modified portion of the facility"] until the Permittee has
submitted to the Regional Administrator, by certified mail
or hand delivery, a letter signed by the Permittee and a
registered professional engineer stating that the facility
has been constructed or modified in compliance with the
Permit; and
I.E.12.a. The Regional Administrator has inspected the modified
or newly constructed facility and finds it is in
compliance with the conditions of the Permit; or
I.E.12.b. The Regional Administrator has either waived the
inspection or has not within 15 days notified the
Permittee of his intent to inspect. [40 CFR
270.30(1)(2>]
I.E.13. Transfer of Permits
This Permit is not transferable to any person, except
after notice to the Regional Administrator. The Regional
Administrator may require modification or revocation and
reissuance of the Permit pursuant to 40 CFR 270.40.
Before transferring ownership or operation of the facility
during its operating life, the Permittee shall notify the
new owner or operator in writing of the requirements of 40
CFR Parts 264 and 270 and this Permit. [40 CFR
270.30(1)(3), 264.12(c)]
I - 6
-------
September 1988
I.E.14. Twenty-Four Hour Reporting
I.E.14.a. The Permittee shall report to the Regional
Administrator any noncompliance which may endanger
health or the environment. Any such information
shall be reported orally within 24 hours from the
time the Permittee becomes aware of the
circumstances. The report shall include the
following:
i. Information concerning release of any hazardous
waste that may cause an endangerment to public
drinking water supplies.
ii. Any information of a release or discharge of
hazardous waste, or of a fire or explosion from
the hazardous waste management facility which
could threaten the environment or human health
outside the facility.
I.E.14.b. The description of the occurrence and its cause shall
include:
i. Name, address, and telephone number of the owner
or operator;
ii. Name, address, and telephone number of the
facility;
iii. Date, time, and type of incident;
iv. Name and quantity of materials involved;
v. The extent of injuries, if any;
vi. An assessment of actual or potential hazards to
the environment and human health outside the
facility, where this is applicable; and
vii. Estimated quantity and disposition of recovered
material that resulted from the incident.
I.E.14.C. A written submission shall also be provided within
five days of the time the Permittee becomes aware of
the circumstances. The written submission shall
contain a description of the noncompliance and its
cause; the period(s) of noncompliance (including
I - 7
-------
September 1988
exact dates and times); whether the noncompliance has
been corrected; and, if not, the anticipated time it
is expected to continue; and steps taken or planned
to reduce, eliminate, and prevent recurrence of the
noncompliance. The Regional Administrator may waive
the five-day written notice requirement in favor of a
written report within 15 days. [40 CFR 270.30(1)(6)]
I.E.15. Other Noncompliance
The Permittee shall report all other instances of
noncompliance not otherwise required to be reported above,
Permit Conditions I.E.10. - 15., at the time monitoring
reports are submitted. The reports shall contain the
information listed in Permit Condition I.E.14 [40 CFR
270.30(1)(10)]
I.E.16. Other Information
Whenever the Permittee becomes aware that it failed to
submit any relevant facts in the Permit application, or
submitted incorrect information in a Permit application or
in any report to the Regional Administrator, the Permittee
shall promptly submit such facts or information. [40 CFR
270.30(1)(11)]
I.F. SIGNATORY REQUIREMENT
All applications, reports, or information submitted to or requested by
the Regional Administrator, his designee, or authorized representative,
shall be signed and certified in accordance with 40 CFR 270.11 and
270.30(k).
I.G. REPORTS, NOTIFICATIONS. AND SUBMISSIONS TO THE REGIONAL
ADMINISTRATOR
All reports, notifications, or other submissions which are required by
this Permit to be sent or given to the Regional Administrator should be
sent by certified mail or given to:
[Note: Provide the address and telephone number of the Regional
Administrator or appropriate Regional Division Director.]
I -
-------
September 1988
I.H. CONFIDENTIAL INFORMATION
In accordance with 40 CFR 270.12, the Permittee may claim confidential
any information required to be submitted by this Permit.
I.I. DOCUMENTS TO BE SUBMITTED PRIOR TO OPERATION
[Note: Include here: (1) requirements to submit any documents not
complete or ready at time of Permit issuance (e.g., an updated
Contingency Plan) and (2) the schedules for such submissions.]
1. The Permittee shall submit the following documents to the Regional
Administrator by the dates shown:
Document Due Date
2. Prior to operation, the Permittee shall submit as-built plans of the
[insert units for which plans must be submitted] . At a
minimum, these plans shall indicate: .
[Note: Insert any items which should be included on the as-built plans.
For example, for a container storage area, the as-built plans should
include: (1) the dimensions of each storage bay; (2) stacking
arrangements for containers; and (3) aisle space in each bay.] [40 CFR
270.32, 270.33]
I.J. DOCUMENTS TO BE MAINTAINED AT THE FACILITY
The Permittee shall maintain at the facility, until closure is completed
and certified by an independent, registered professional engineer, the
following documents and all amendments, revisions and modifications to
these documents:
1. Waste Analysis Plan, as required by 40 CFR 264.13 and this Permit.
2. Inspection schedules, as required by 40 CFR 264.15(b)(2) and this
Permit.
3. Personnel training documents and records, as required by 40 CFR
264.16(d) and this Permit.
4. Contingency Plan, as required by 40 CFR 264.53(a) and this Permit.
5. Operating record, as required by 40 CFR 264.73 and this Permit.
6. Closure Plan, as required by 40 CFR 264.112(a) and this Permit.
I - 9
-------
September 1988
[Note: Under 40 CFR 264.197(c), 264.228(c) and 264.258(c), owners and
operators of certain tanks, surface impoundments, and waste piles must
have Contingent Closure Plans. If the Permit will require the Permittee
to have a Contingent Closure Plan, then add the plan to this list.]
7. Post-Closure Plan, as required by 40 CFR 264.118(a) and this Permit.
[Note: Only owners and operators of disposal units are required to have
Post-Closure Plans. Under 40 CFR 264.197(c), 264.228(c) and 264.258(c),
owners and operators of certain tanks, surface impoundments, and waste
piles must have Contingent Post-Closure Plans. If the Permit will
require the Permittee to have a Contingent Post-Closure Plan, then add
the plan to this list.]
8. Annually-adjusted cost estimate for facility closure [and post-
closure], as required by 40 CFR 264.142(d) [and 264.144(d)] and this
Permit.
9. All other documents required by Module I, Permit Condition E.9
[insert as appropriate: and Modules , Permit Conditions
€
I - 10
-------
September 1988
MODULE II - GENERAL FACILITY CONDITIONS
[Note: This permit module contains conditions covering the general
facility requirements of 40 CFR Part 264, Subparts B - H. This module
must be included in all RCRA Permits, except that the following Permit
conditions are optional: II.B.I, II.B.2, II.G, II.H, II.I.I, II.I.2,
II.I.3, II.I.4, II.K, and II.N.]
[Note: The Permit Writer should refer to the RCRA Permit Quality
Protocol for additional guidance in developing or reviewing permit
conditions. See discussion of the RCRA Permit Quality Protocol in the
Introduction to this Model Permit.]
II.A. DESIGN AND OPERATION OF FACILITY
The Permittee shall construct, maintain and operate the facility to
minimize the possibility of a fire, explosion, or any unplanned, sudden
or nonsudden release of hazardous waste constituents to air, soil, or
surface water which could threaten human health or the environment, as
required by 40 CFR 264.31.
II.B. REQUIRED NOTICES
[Note: Permit Condition B.I should be included in the Permit only if the
facility receives waste from a foreign source. Permit Condition B.2
should be included in the Permit only if the facility receives waste from
off site. If Permit Condition B.I is inapplicable, the Permit should
specify that the Permittee may not receive hazardous waste from a foreign
source. Similarly, if Permit Condition B.2 is inapplicable, the Permit
should specify that the Permittee may not receive hazardous waste from
off site.]
II.B.I. Hazardous Waste Imports
The Permittee shall notify the Regional Administrator in
writing at least four weeks in advance of the date the
Permittee expects to receive hazardous waste from a
foreign source, as required by 40 CFR 264.12(a). Notice
of subsequent shipments of the same waste from the same
foreign source in the same calendar year is not required.
II.B.2. Hazardous Waste from Off-Site Sources
When the Permittee is to receive hazardous waste from an
off-site source (except where the Permittee is also the
generator), he must inform the generator in writing that
he has the appropriate Permits, and will accept the waste
II - 1
-------
September 1988
the generator is shipping. The Permittee must keep a copy
of this written notice as part of the operating record.
[40 CFR 264.12(b)]
II.C. GENERAL WASTE ANALYSIS
The Permittee shall follow the waste analysis procedures required by 40
CFR 264.13, as described in the attached Waste Analysis Plan, Permit
Attachment II-1.
The Permittee shall verify the analysis of each waste stream annually as
part of its quality assurance program, in accordance with Test Methods
for Evaluating Solid Waste: Physical/Chemical Methods. EPA Publication
SW-846, or equivalent methods approved by the Regional Administrator. At
a minimum, the Permittee shall maintain proper functional instruments,
use approved sampling and analytical methods, verify the validity of
sampling and analytical procedures, and perform correct calculations. If
the Permittee uses a contract laboratory to perform analyses, then the
Permittee shall inform the laboratory in writing that it must operate
under the waste analysis conditions set forth in this Permit.
[Note: The waste analysis plan included in the Part B Permit Application
should be attached to the Permit. As applicable, the plan must cover the
requirements of 40 CFR 264.17, 264.177, 264.198, 264.199, 264.229,
264.230, 264.256, 264.257, 264.272, 264.276, 264.281, 264.282, 264.312,
264.313, 264.314, 264.316, and 264.341.]
II.D. SECURITY
The Permittee shall comply with the security provisions of 40 CFR
264.14(b) [select either (1) or (2) based upon the information in the
Part B Permit Application] and (c) and Permit Attachment II-2.
[Note: Specific security provisions should be included in the Permit, if
necessary, to ensure compliance with 40 CFR 264.14(b). In addition,
specific security provisions needed to implement the performance standard
in 264.14(a) should be included in the Permit. For example, specify the
language of signs required by 264.14(c), if the facility is near the
Canadian or Mexican border. If the Permittee successfully demonstrates,
in accordance with 40 CFR 264.14(a), that the security requirements in
264.14(b) and (c) are not necessary, a security permit condition is not
needed. This demonstration must be documented in the Administrative
Record.]
II.E. GENERAL INSPECTION REQUIREMENTS
The Permittee shall follow the inspection schedule set out in Permit
Attachment II-3. The Permittee shall remedy any deterioration or
II - 2
-------
September 1988
malfunction discovered by an inspection, as required by 40 CFR 264.15(c).
Records of inspection shall be kept, as required by 40 CFR 264.15(d).
[Note: The inspection schedules included in the Part B Permit
Application should be attached to the Permit. As applicable, the
specific inspection requirements of 40 CFR 264.174, 264.193(i), 264.195,
264.226(b), 264.254(b), 264.273(g), 264.303(b), 264.347(b) and (c) must
be covered by the attached schedules.]
II.F. PERSONNEL TRAINING
The Permittee shall conduct personnel training, as required by 40 CFR
264.16. This training program shall follow the attached outline, Permit
Attachment II-4. The Permittee shall maintain training documents and
records, as required by 40 CFR 264.16(d) and (e).
[Note: The outline of personnel training included in the Part B Permit
Application should be attached to the Permit. It must demonstrate how
the Permittee will comply with 264.16.]
II.G. SPECIAL PROVISIONS FOR IGNITABLE. REACTIVE. OR INCOMPATIBLE
WASTE
[Note: This condition should be included in the Permit only if the
facility handles ignitable, reactive, or incompatible wastes.]
The Permittee shall comply with the requirements of 40 CFR 264.17(a).
The Permittee shall follow the procedures for handling ignitable,
reactive, and incompatible wastes set forth in Permit Attachment II-5.
[Note: Permits must include specific handling procedures tailored to the
types of hazardous wastes to be treated, stored, or disposed at the
facility and the types of units in which the wastes will be handled. The
procedures described by the Permittee in the Part B Permit Application
should be attached to the Permit. In addition, permit conditions
specific to the units will be specified in the appropriate module of the
Permit.]
II.H. LOCATION STANDARDS
[Note: EPA is preparing guidance on locating hazardous waste management
facilities in sensitive locations, such as karst terrain. If a facility
will be located in a sensitive area, the Permit Writer can insert permit
conditions deemed necessary to protect human health and the environment.
For example, more frequent facility inspections, special operating
restrictions, or construction of thicker floors or liners could be
required. Such permit conditions are authorized by 40 CFR 270.3,
270.32(a), and 270.32(b)(2).]
II - 3
-------
September 1988
[Note: For facilities located in a 100-year floodplain, the Permit must
either set forth conditions by which the Permittee will meet the
requirements of 40 CFR 264.18(b) or contain a compliance schedule (see 40
CFR 270.14(b)(ll)(v) and 270.33). These requirements do not apply to
existing surface impoundments, waste piles, land treatment units, and
landfills if the Permittee has demonstrated, in accordance with 40 CFR
264.18(b)(1)(ii), that there will be no adverse effects on human health
or the environment from washout. This demonstration must be documented
in the Administrative Record. If the facility is not located in a 100-
year floodplain, the Permit Writer should delete this provision from the
Permit and re-letter subsequent provisions accordingly (i.e., 1 becomes
H).
Example permit conditions are provided below. The first condition should
be placed in the Permit only if the Permittee will use flood proofing
and/or flood protection measures to prevent washout during a 100-year
flood. The second condition should be included in the Permit only if the
Permittee will implement procedures to remove the waste from the facility
prior to arrival of 100-year flood waters.]
The Permittee shall [construct,] operate, and maintain the facility to
prevent washout of any hazardous waste by a 100-year flood, as required
by 40 CFR 264.18(b)(l) and as specified in the attached plans and
specifications, Permit Attachment II-6.
In the event of a 100-year flood, the Permittee shall remove all
hazardous waste, before flood waters can reach the facility, to a
location where the wastes will not be vulnerable to the flood waters, as
required by 40 CFR 264.18(b)(1)(i) and in accordance with the attached
100-year flood response procedures, Permit Attachment II-7.
II.I. PREPAREDNESS AND PREVENTION
II.I.I. Required Equipment
At a minimum, the Permittee shall maintain at the facility
the equipment set forth in the Contingency Plan, Permit
Attachment II-8. as required by 40 CFR 264.32.
[Note: The list of equipment required by 264.52(e) to be
in the Contingency Plan must meet the requirements of
264.32. If the Permittee has successfully demonstrated,
in accordance with 40 CFR 264.32, that any of the
equipment is not required, the decision should be
documented in the Administrative Record and Permit
Condition II.I.I should be deleted.]
II - 4
-------
September 1988
II.I.2. Testing and Maintenance of Equipment
The Permittee shall test and maintain the equipment
specified in Permit Condition II.I.I, as necessary, to
assure its proper operation in time of emergency, as
required by 40 CFR 264.33.
[Note: Specific testing and maintenance procedures needed
to implement this condition should be included in the
inspection schedule, Permit Condition II.E.]
II.I.3. Access to Communications or Alarm System
The Permittee shall maintain access to the communications
or alarm system, as required by 40 CFR 264.34.
[Note: If the Permittee has successfully demonstrated
that such a device is not required under 40 CFR 264.32,
the decision should be documented in the Administrative
Record and Permit Condition 1.3 should be deleted.]
II.I.4. Required Aisle Space
At a minimum, the Permittee shall maintain aisle space, as
required by 40 CFR 264.35 and the attached plans and
specifications, Permit Attachment II-8A.
[Note: If the Permittee has successfully demonstrated
that aisle space is not needed, the decision should be
documented in the Administrative Record. The "plans and
specifications" to be referenced here generally will be
the design plans and specifications for the hazardous
waste management units.]
II.I.5. Arrangements with Local Authorities
The Permittee shall maintain arrangements with state and
local authorities, as required by 40 CFR 264.37. If state
or local officials refuse to enter into preparedness and
prevention arrangements with the Permittee, the Permittee
must document this refusal in the operating record.
II.J. CONTINGENCY PLAN
II.J.I. Implementation of Plan
The Permittee shall immediately carry out the provisions
of the Contingency Plan, Permit Attachment II-8 . whenever
II - 5
-------
September 1988
there is a fire, explosion, or release of hazardous waste
or constituents which could threaten human health or the
environment.
[Note: The contingency plan included in the Part B Permit
Application should be attached to the Permit. As
applicable, the plan must cover the requirements of 40 CFR
264.200, and 264.227(c).]
II. J. 2. Copies of Plan
The Permittee shall comply with the requirements of 40 CFR
264.53.
II.J.3. Amendments to Plan
The Permittee shall review and immediately amend, if
necessary, the Contingency Plan, as required by 40 CFR
264.54.
II.J.4. Emergency Coordinator
A trained emergency coordinator shall be available at all
times in case of an emergency, as required by 40 CFR
264.55.
[Note: For new facilities, add the following sentence to
Permit Condition II.J.4.]
The names, addresses, and phone numbers of all persons
qualified to act as emergency coordinators shall be
supplied to the Regional Administrator at the time of
certification. [40 CFR 264.52(d)].
U.K. MANIFEST SYSTEM
The Permittee shall comply with the manifest requirements of 40 CFR
264.71, 264.72, and 264.76.
[Note: This condition should be included in the Permit only if the
facility accepts off-site waste.]
ILL. RECORDKEEPING AND REPORTING
In addition to the recordkeeping and reporting requirements specified
elsewhere in this Permit, the Permittee shall do the following:
II - 6
-------
September 1988
II.L.I. Operating Record
The Permittee shall maintain a written operating record at
the facility, in accordance with 40 CFR 264.73.
II.L.2. Biennial Report
The Permittee shall comply with the biennial reporting
requirements of 40 CFR 264.75.
II.M. GENERAL CLOSURE REQUIREMENTS
[Note: Owners and operators of certain tank systems, surface
impoundments, and waste piles are required to have contingent closure
plans by 40 CFR 264.197(c), 264.228(c), and 264.258(c), respectively.
For Permits for these facilities, insert "Contingent Closure Plan" after
Closure Plan and append the Contingent Closure Plan as Permit Attachment
11-10. Be sure to renumber subsequent attachments.]
II.M.I. Performance Standard
The Permittee shall close the facility, as required by 40
CFR 264.111 and in accordance with the Closure Plan,
Permit Attachment II-9.
[Note: The Closure Plan must meet the requirements of 40
CFR 264.112(a) and (b). The specific closure requirements
of 264.178, 264.197, 264.228, 264.258, 264.280, 264.310,
and 264.351 also must be covered by the attached plan.]
II.M.2. Amendment to Closure Plan
The Permittee shall amend the Closure Plan, in accordance
with 40 CFR 264.112(c), whenever necessary.
II.M.3. Notification of Closure
The Permittee shall notify the Regional Administrator in
writing at least 60 days prior to the date on which he
expects to begin closure of any of the following: [insert
as appropriate: surface impoundment, waste pile, land
treatment unit, or landfill] or final closure of the
facility, as required by 40 CFR 264.112(d).
[Note: Permit Condition II.M.3 should be used for
facilities using surface impoundments, waste piles, land
treatment units, or landfills. For facilities using only
II - 7
-------
September 1988
tanks, containers, or incinerators, substitute the
following condition.]
The Permittee shall notify the Regional Administrator in
writing at least 45 days prior to the date on which he
expects to begin final closure of the facility, as
required by 40 CFR 264.112(d).
II.M.4. Time Allowed For Closure
After receiving the final volume of hazardous waste, the
Permittee shall treat, remove from the unit or facility,
or dispose of on site all hazardous waste and shall
complete closure activities, in accordance with 40 CFR
264.113 and the schedules specified in the Closure Plan,
Permit Attachment II-9.
[Note: If the Permittee is granted a longer time frame
for treating, removing, or disposing of waste or for
completing closure activities, the basis for granting the
extra time must be documented in the Administrative
Record.]
II.M.S. Disposal or Decontamination of Equipment. Structures, and
Soils
The Permittee shall decontaminate [and/or] dispose of all
contaminated equipment, structures, and soils, as required
by 40 CFR 264.114 and the Closure Plan, Permit Attachment
II-9.
II.M.6. Certification of Closure
The Permittee shall certify that the facility has been
closed in accordance with the specifications in the
Closure Plan, as required by 40 CFR 264.115.
II.M.7. Survey Plat
The Permittee shall submit a survey plat no later than the
submission of certification of closure of each hazardous
waste disposal unit, in accordance with 40 CFR 264.116.
[Note: This Permit condition should be included only if
the facility contains hazardous waste disposal units.]
€
-------
September 1988
II.N. GENERAL POST-CLOSURE REQUIREMENTS
[Note: Owners and operators of certain tank systems, surface
impoundments, and waste piles are required to have contingent post-
closure plans by 40 CFR 264.197(c), 264.228(c), and 264.258(c),
respectively. For Permits for these facilities, insert "Contingent Post-
Closure Plan" after Post-Closure Plan and append the Contingent Post-
Closure Plan as Permit Attachment 11-12. Be sure to renumber subsequent
attachments.]
II.N.I. Post-Closure Care Period
The Permittee shall begin post-closure care for each
[insert as appropriate: tank system, surface impoundment,
waste pile, land treatment unit, landfill] after
completion of closure of the unit and continue for 30
years after that date. Post-closure care shall be in
accordance with 40 CFR 264.117 and the Post-Closure Plan,
Permit Attachment 11-11.
[Note: The Post-Closure Plan included in the Part B
Permit Application should be attached to the Permit. It
must meet the requirements of 40 CFR 264.118(a) and (b).
The specific post-closure requirements of 264.197,
264.228, 264.258, 264.280, and 264.310 also must be
covered by the attached plan.]
II.N.2. Post-Closure Security
The Permittee shall maintain security at the facility
during the post-closure care period, in accordance with
the Post-Closure Plan, Permit Attachment 11-11. and 40 CFR
264.117(b).
[Note: This condition should be included in the Permit
only if hazardous wastes may remain exposed after
completion of closure, or access by the public or domestic
livestock may pose a hazard to human health.]
II.N.3. Amendment to Post-Closure Plan
The Permittee shall amend the Post-Closure Plan in
accordance with 40 CFR 264.118(d), whenever necessary.
II.N.4. Post-Closure Notices
II.N.4.a. No later than 60 days after certification of closure
of each hazardous waste disposal unit, the Permittee
II - 9
-------
September 1988
shall submit records of the type, location, and
quantity of hazardous waste disposed within each cell
or disposal unit, in accordance with 40 CFR
264.119(a).
II.N.4.b. Within 60 days of certification of closure of the
first hazardous waste disposal unit and the last
hazardous waste disposal unit, the Permittee shall do
the following:
i. Record a notation on the deed to the facility
property, in accordance with 40 CFR
264.119(b)(l).
ii. Submit a certification that a notation, in
accordance with 40 CFR 264.119(b)(2), has been
recorded.
II.N.4.C. The Permittee shall request and obtain a Permit
modification prior to post-closure removal of
hazardous wastes, hazardous waste residues, liners,
or contaminated soils, in accordance with 40 CFR
264.119(c).
II.N.5. Certification of Completion of Post-Closure Care
The Permittee shall certify that the post-closure care
period was performed in accordance with the specifications
in the Post-Closure Plan, as required by 40 CFR 264.120.
II.0. COST ESTIMATE FOR FACILITY CLOSURE [ANP POST-CLOSURE]
II.0.1. The Permittee's most recent closure [insert as applicable
"and post-closure"] cost estimate, prepared in accordance
with 40 CFR 264.142 264.144, 264.197(c)(3) and (5),
264.228(c)(2), and 264.258(c)(2], [is/are] specified in
Permit Attachment 11-11.
II.0.2. The Permittee must adjust the closure [and post-closure]
cost estimate for inflation within 60 days prior to the
anniversary date of the establishment of the financial
instrument(s) used to comply with 40 CFR 264.143 [and
264.145] and Permit Condition II.P or when using an
approved state-required mechanism, upon such date as
required by the state. [40 CFR 264.142(b)]
[Note: If the Permittee is using the financial test or
corporate guarantee, substitute the following condition.]
II - 10
€
-------
September 1988
The Permittee must adjust the closure cost estimate [and
post-closure cost estimate] for inflation within 30 days
after the close of the firm's fiscal year and before
submission of updated information to the Regional
Administrator, as specified in 40 CFR 264.142(b) [and
264.144(b)].
II.0.3. The Permittee must revise the closure cost estimate [and
post-closure cost estimate] whenever there is a change in
the facility's Closure Plan [and Post-Closure Plan], as
required by 40 CFR 264.142(c) [and 264.144(c)].
II.0.4. The Permittee must keep at the facility the latest closure
cost estimate [and post-closure cost estimate] as required
by 40 CFR 264.142(d) [and 264.144(d)].
II.P. FINANCIAL ASSURANCE FOR FACILITY CLOSURE [AND POST-CLOSURE]
The Permittee shall demonstrate continuous compliance with 40 CFR
[insert as appropriate 264.143, 264.145, 264.146] by providing
documentation of financial assurance, as required by 40 CFR 264.151 or
264.149, in at least the amount of the cost estimates required by Permit
Condition II.0. Changes in financial assurance mechanisms must be
approved by the Regional Administrator pursuant to 40 CFR 264.143
[,264.145] or 264.149.
[Note: For new facilities, the Permittee shall demonstrate compliance
with this permit condition by submitting the required documentation to
the Regional Administrator at least 60 days before first receiving
hazardous waste for treatment, storage or disposal. [See, for example,
40 CFR 264.143(a)(l).] The Permittee's financial assurance must be
effective prior to the Permittee's first receipt of hazardous waste.]
II.Q. LIABILITY REQUIREMENTS
The Permittee shall demonstrate continuous compliance with the
requirement of 40 CFR 264.147(a) to have and maintain liability coverage
for sudden and accidental occurrences in the amount of at least $1
million per occurrence, with an annual aggregate of at least $2 million,
exclusive of legal defense costs.
[Note: For facilities containing surface impoundments, landfills, and
land treatment units, add the following condition.]
The Permittee also shall demonstrate continuous compliance with the 40
CFR 264.147(b) requirement to have and maintain liability coverage for
nonsudden accidental occurrences in the amount of at least $3 million per
II - 11
-------
September 1988
occurrence, with an annual aggregate of at least $6 million, exclusive of
legal defense costs.
[Note: The Regional Administrator may grant a variance from the above
levels of financial responsibility in accordance with 40 CFR 264.147(c)
and (d). For new facilities, the Permittee shall demonstrate its
compliance with this permit condition by submitting the required
documentation to the Regional Administrator at least 60 days before first
receiving hazardous waste for treatment or storage. The Permittee's
liability coverage must be effective before the Permittee's first receipt
of hazardous waste,]
II.R. INCAPACITY OF OWNERS OR OPERATORS. GUARANTORS. OR FINANCIAL
INSTITUTIONS
The Permittee shall comply with 40 CFR 264,148, whenever necessary.
II - 12
-------
September 1988
PERMIT ATTACHMENTS REFERENCED IN MODULE II - GENERAL FACILITY
CONDITIONS
This list is provided to assist the Permit Writer in checking that all
Permit Attachments referenced in this module are attached to the Permit.
The purpose of the numbering scheme used here is to facilitate cross-
walking with the model permit conditions. The Permit Writer may select
other numbering schemes, as appropriate, when preparing actual Permits.
Permit
Attachment No. Plan or Document
(from the Part B Permit Application)
1-1 Waste Analysis Plan
II-2 Security Plan
II-3 Inspection Schedule
II-4 Personnel Training Outline
II-5 Procedures for Handling Ignitable, Reactive,
or Incompatible Waste
II-6 Flood Proofing/Flood Protection Plans and
Specifications
II-7 100-Year Flood Response Procedures
II-8 Contingency Plan
II-8A Plans and Specifications showing the spacing
of aisles
II-9 Closure Plan
11-10 Contingent Closure Plan
11-11 Post-Closure Plan
11-12 Contingent Post-Closure Plan
11-13 Closure Cost Estimate
11-14 Post-Closure Cost Estimate
II - 13
-------
September 1988
MODULE III - CONTAINERS
[Note: This permit module should be included when the Permittee is
storing or treating hazardous waste in containers. The Permit Writer
should specify in the title whether this module is for storage or
treatment in containers. Waste analysis requirements (40 CFR 264.13) and
closure requirements (40 CFR 264.178) for storage and treatment in
containers normally are contained as attachments to the Permit in the
Waste Analysis Plan and Closure Plan.]
[Note: In general, a single permit module should be used if multiple
container areas will be covered by the same Permit for a given facility.
However, it is acceptable to include multiple container modules if, in
the Permit Writer's judgment, the characteristics and permit conditions
for each area are sufficiently different to warrant multiple modules.]
[Note: The Permit Writer should refer to the RCRA Permit Quality
Protocol for additional guidance in developing or reviewing permit
conditions. See discussion of the RCRA Permit Quality Protocol in the
Introduction to this Model Permit.]
III.A. MODULE HIGHLIGHTS
[The Permit Writer should include a general discussion of the activities
covered by this module. The discussion should contain the following
information: description and dimensions of each container area, maximum
amount and type(s) of wastes that may be handled, description of the
containers used, description and capacities of primary and secondary
containment systems, any unique or special features associated with the
activity, and a reference to any special permit conditions.]
III.B. PERMITTED AND PROHIBITED WASTE IDENTIFICATION
III.B.I. The Permittee may [specify store and/or treat]
the following wastes in containers at the facility,
subject to the terms of this Permit and as follows:
Maximum
Description of EPA Hazardous Maximum Number and Type
Hazardous Waste Waste Number Volume of Containers
[Example:
Waste Halogen- F001 11,000 200 55-gal.
ated Solvents gallons drums]
[Note: Under "Description of Hazardous Waste," the Permit Writer should
provide only a brief generic description, not comprehensive
III - 1
-------
September 1988
characteristics, where a Hazardous Waste Number Is provided for
reference.]
[Note: If the location is critical, the Permit should also specifically
identify the location (e.g., room or storage hay) in which containers of
waste may be stored and/or treated. For example, incompatible wastes
might be restricted to designated storage bays.]
1II.B.2. The Permittee is prohibited from storing or treating
hazardous waste that is not identified in Permit Condition
III.B.I.
[Note: The Permit Writer may also include here a list of specific wastes
or materials that are prohibited.]
III.C. CONDITION OF CONTAINERS
If a container holding hazardous waste is not in good condition (e.g.,
severe rusting, apparent structural defects) or if it begins to leak, the
Permittee shall transfer the hazardous waste from such container to a
container that is in good condition or otherwise manage the waste in
compliance with the conditions of this Permit. [40 CFR 264.171]
III.D. COMPATIBILITY OF WASTE WITH CONTAINERS
The Permittee shall assure that the ability of the container to contain
the waste is not impaired, as required. [40 CFR 264.172]
[Note: Specific procedures (e.g., testing of waste) or equipment
required to assure compliance with Permit Condition III.D. should be
Included in the Permit by inserting a specific condition or by attaching
procedures or equipment lists from the Part B Permit Application.]
III.E. MANAGEMENT OF CONTAINERS
The Permittee shall keep all containers closed during storage, except
when it is necessary to add or remove waste, and shall not open, handle,
or store containers in a manner which may rupture the container or cause
it to leak. [40 CFR 264.173]
III.F. CONTAINMENT SYSTEMS
[Note: This condition should be included in the Permit only if the
container area must have a secondary containment system under 40 CFR
264.175.]
III - 2
-------
September 1988
The Permittee shall [construct and] maintain the containment system in
accordance with the attached plans and specifications, contained in
Permit Attachment III-l. [40 CFR 264.175]
III.G. INSPECTION SCHEDULES AND PROCEDURES
The Permittee shall inspect the container area weekly, in accordance with
the Inspection Schedule, Permit Attachment II-3. to detect leaking
containers and deterioration of containers and the containment system
caused by corrosion and other factors. [40 CFR 264.174]
III.H. RECORDKEEPING
The Permittee shall place the results of all waste analyses and trial
tests [and any other documentation showing compliance with the
requirements of Permit Conditions III.K.I and III.K.2 and 40 CFR
264.17(b) and 264.177] in the facility operating record. [40 CFR 264.73]
III.I. CLOSURE
At closure of the container area, the Permittee shall remove all
hazardous waste and hazardous waste residues from the containment system,
in accordance with the procedures in the Closure Plan, Permit Attachment
II-9. [40 CFR 264.178]
III.J. SPECIAL CONTAINER PROVISIONS FOR IGNITABLE OR REACTIVE WASTE
[Note: Permit Condition III.J should be included in the Permit only if
ignitable or reactive wastes will be stored or treated in containers or
is of concern (i.e., not prohibited in III.B.2.]
III.J.I. The Permittee shall not locate containers holding
ignitable or reactive waste within 15 meters (50 feet) of
the facility's property line. [40 CFR 264.176]
III.J. 2. The Permittee shall take precautions to prevent accidental
ignition or reaction of ignitable or reactive waste and
follow the procedures specified in Permit Attachment
III-2. [40 CFR 264.17(a) and 264.176]
III.K. SPECIAL CONTAINER PROVISIONS FOR INCOMPATIBLE WASTE
[Note: Permit Condition III.K should be included in the Permit only if
incompatible wastes will be stored or is of concern at the facility.]
III.K.I. The Permittee shall not place incompatible wastes, or
incompatible wastes and materials, in the same container
III - 3
-------
September 1988
unless the procedures in Permit Attachment III-3 are
followed. [40 CFR 264.177(a)]
III.K.2. The Permittee shall not place hazardous waste in an
unwashed container that previously held an incompatible
waste or material. [40 CFR 264.177(b)]
III.K.3. The Permittee shall separate containers of incompatible
wastes. [40 CFR 264.177(c)]
[Note: The attached plans or procedures should address
the layout of the hazardous waste storage facility, aisle
space, and stacking height of containers holding ignitable
and reactive wastes. Note that the National Fire
Protection Association's Flammable and Combustible Liquids
Code recommends that containers of ignitable waste be
stored no more than two high.]
III.L. COMPLIANCE SCHEDULE
[Note: The Permit Writer should include this section if the Permittee is
required to complete specific steps within a specific time period, beyond
those covered by other conditions of the Permit, as a criteria for
retaining this operating Permit. Compliance schedules are generally used
in cases where requirements that are supposed to be met by the Permittee
before the Permit is issued are deferred for good cause until after
Permit issuance. Appropriate compliance schedules included in the Part B
Permit Application should be attached to, or incorporated in, the Permit.
If the application does not include a compliance schedule, the Permit
Writer should prepare one and attach it to the Permit. Each compliance
schedule should have at least two columns - one identifying the activity
and one identifying the milestone or completion dates. The following is
an example of a condition that may apply for a container area.]
The Permittee shall provide the following information to the Regional
Administrator:
Item Date Due to the Regional Administrator
[Example:
1. Documentation that the June 26, 1989]
surface of the containment
system has been refinished
with an impervious
coating using the
materials described in
Specifications Section
19A, dated 3/18/88
III - 4
-------
I
September 1988
PERMIT ATTACHMENTS REFERENCED IN MODULE III - CONTAINERS
This list is provided to assist the Permit Writer in checking that all
Permit Attachments referenced in this module are attached to the Permit.
The purpose of the numbering scheme used here is to facilitate cross-
walking with the model permit conditions. The Permit Writer may select
other numbering schemes, as appropriate, when preparing actual Permits.
Permit Attachment No. Plan or Document
(from the Part B Permit Application)
II-3 Facility Inspection Schedule
II-9 Closure Plan
III-l Secondary Containment Plans and Specifications
III-2 Ignitable or Reactive Waste Procedures
III-3 Incompatible Waste Procedures
III - 5
-------
September 1988
MODULE IV - TANKS
[Note: This permit module should be included when the Permittee is
storing or treating hazardous waste in tanks. The Permit Writer should
specify in the title whether the module is for storage and/or treatment
in tank systems. This module is based on the federal tank rule published
in the Federal Register on July 14, 1986, and on relevant guidances and
policies issued to implement this rule. The definitions of existing and
new tank systems under that rule are different from the definitions of
existing and new facilities for the purposes of determining eligibility
for interim status. Existing tank systems are defined as tank systems in
operation on July 14, 1986, or for which installation commenced prior to
July 14, 1986. A new tank system is defined as a tank system for which
installation commenced after July 14, 1986.]
[Note: Waste analysis requirements (40 CFR 264.13) and closure
requirements (40 CFR 264.197) for tank systems are normally contained as
attachments to the Permit in the Waste Analysis Plan and Closure Plan.
Post-closure requirements for tank systems, when necessary (40 CFR
264.117), are contained in the Post-Closure permit module (Module XIII).]
[Note: In general, a single permit module should be used if multiple
tank systems will be covered by the same Permit for a given facility.
However, it is acceptable to include multiple tank system modules if, in
the Permit Writer's judgment, the characteristics and permit conditions
for each tank system are sufficiently different to warrant multiple
modules.]
[Note: The Permit Writer should refer to the RCRA Permit Quality
Protocol for additional guidance in developing or reviewing permit
conditions. See discussion of the RCRA Permit Quality Protocol in the
Introduction to this Model Permit.]
IV.A. MODULE HIGHLIGHTS
[The Permit Writer should include a general discussion of the activities
covered by this module. The discussion should contain the following
information: brief description of each tank system, including feed
systems, safety cut-offs, bypass systems, and pressure controls (e.g.,
valves); capacity of each tank system; whether the tank system (including
ancillary equipment) is aboveground, inground, underground, or onground;
age of existing tank system; general description of types of wastes
stored and/or treated; brief description of any treatment processes;
description and capacity of the secondary containment system for each
tank system; any unique or special features associated with the activity;
and a reference to any special permit conditions.]
IV - 1
-------
September 1988
IV. B.
PERMITTED AND PROHIBITED WASTE IDENTIFICATION
IV.B.I. The Permittee may
total volume of
[specify store and/or treat] a
gallons of hazardous waste in
terms
tanks [specify the number of tanks], subject to the
of this Permit and as follows:
Tank No.
Secondary
Capacity Dimensions Containment
(Gallons) of Tank Required
Description
of Hazardous Hazardous
Waste Waste No.
[Example:
Tank System A:
CF-101 8,000
8 ft(diam) yes-in place
x 21 ft
Waste organic
solvents
F005
Tank System B:
CF-102
CF-103
8,000
10,000
8 ft(diam) yes-due by Wastewater
x 21 ft March 18, 1990 treatment
sludge
10 ft(diam) yes-due by Wastewater
x 17 ft March 18, 1990 treatment
sludge
F006
F006]
IV.B.2.
[Note: Under "Description of Hazardous Waste," the Permit
Writer should provide only a brief generic description,
not comprehensive characteristics, where a Hazardous Waste
Number is provided for reference.]
The Permittee is prohibited from storing or treating
hazardous waste that is not identified in Permit Condition
IV.B.I.
[Note: The Permit Writer may also include here a list of specific wastes
or materials that are prohibited.]
IV. C.
SECONDARY CONTAINMENT AND INTEGRITY ASSESSMENTS
[Note: The Permit Writer should include Permit Condition IV.C.I. for
existing tank systems that do not have secondary containment. If the
Permittee is granted a variance from secondary containment requirements
according to 40 CFR 264.193(g), Permit Condition IV.C.2. applies;
otherwise, the Permittee is subject to Permit Conditions IV.C.3. and
IV.C.4. for existing tanks (tanks used solely to store or treat hazardous
waste, which contain no free liquids and are situated inside a building
with an impermeable floor, and tanks, including sumps, as defined in 40
IV - 2
-------
September 1988
CFR 260.10, that serve as part of a secondary containment system to
collect or contain releases of hazardous wastes are exempt from secondary
containment requirements.] [40 CFR 264.190(a)]
IV.C.I. For tank systems used to store or treat materials that are
defined as hazardous waste in the future, the Permittee
must obtain a written assessment of the existing tank
system integrity within 12 months from the date the waste
is defined as hazardous. [40 CFR 264.191(c)j The
assessment shall be certified by an independent,
qualified, registered professional engineer. [40 CFR
264.191(a) and (b)]
IV.C.2. The Permittee shall design, construct, operate, and
maintain the tank system according to the detailed plans
and reports contained in Permit Attachment IV-1 to
maintain the variance from the requirements for secondary
containment. [40 CFR 264.193(g) and 264.193(h)(4)]
[Note: The Permit Attachment for this condition must
contain the detailed plans and engineering and
hydrogeologic reports contained in the Part B Permit
Application that demonstrate how the Permittee will meet
the applicable requirements of 40 CFR 264.193(g).]
IV.C.3. The Permittee shall design, construct, and operate the
secondary containment system, in accordance with the
detailed design plans and descriptions contained in Permit
Attachment IV-2. [40 CFR 264.193(b)-(f)]
[Note: The Permit Attachment for this condition must
contain the detailed plans and descriptions contained in
the Part B Permit Application that demonstrate how the
Permittee will meet the requirements of 40 CFR 264.193(b)-
(f)-]
[Note: Because the time frame for requiring secondary
containment varies with the age of the tank, available
documentation regarding the tank age, or the waste
handled, the Permit Writer should specify the date by
which secondary containment is required for each tank
system. The following are the required time frames for
the various scenarios: [40 CFR 264.193(a)]
New tank systems or components - prior to their being put
into service.
Existing tanks handling F020. F021. F022. F023. F026.
and/or F027 Wastes - no later than January 12, 1989.
IV - 3
-------
September 1988
Existing tank systems with documented age - no later than
January 12, 1989 or when the system reaches 15 years of
age, whichever comes later.
Existing tank systems where the age cannot be documented -
no later than January 12, 1995; however, if the age of the
facility is greater than seven years, then secondary
containment must be provided by the time the facility
reaches 15 years of age or by January 12, 1989, whichever
comes later.
For tank systems that store or treat materials that are
defined hazardous in the future - within the time
intervals described above, except that the date the
material is defined a hazardous waste, plus two years,
shall be used in place of January 12, 1989.]
IV.C.4. The Permittee shall comply with the following conditions
until such time as secondary containment that meets the
requirements of 40 CFR 264.193 is provided:
[Note: Include Permit Conditions IV.C.4.a., IV.C.4.C.,
and IV.C.4.d. for non-enterable underground tanks; include
Permit Conditions IV.C.4.b., IV.C.4.C., and IV.C.4.d. for
tank systems comprised of other than non-enterable
underground tanks.]
IV.C.4.a. For non-enterable underground tanks, a leak test (or
other tank integrity method as approved or required
by the Regional Administrator) shall be conducted
annually using the procedures in Permit Attachment
IV-3. [40 CFR 264.193(i)(l)]
[Note: The Permit Writer may specify more frequent
testing, if it is warranted, given the design,
condition, and operation of the system.]
IV.C.4.b. For other than non-enterable underground tanks, a
leak test (or other tank integrity method as approved
or required by the Regional Administrator) must be
conducted (The Permit Writer shall
establish the frequency.) using the procedures in
Permit Attachment IV-3. [40 CFR 264.193(i)(2)]
IV - 4
-------
September 1988
IV.C.4.C. For ancillary equipment, a leak test (or other
integrity method as approved by the Regional
Administrator) must be conducted annually using the
procedures in Permit Attachment IV-3. [40 CFR
264.193(i)(3)]
[Note: The Permit Writer may specify more frequent
testing, if it is warranted, given the design,
condition, and operation of the system. The leak
test, internal inspection, or other integrity
examination must be performed during the 12-month
period prior to the due date of the integrity
assessment. The date the original leak test,
internal inspection, etc. was performed becomes the
anniversary date to perform subsequent tests.]
IV.C.4.d. If a tank system or component is found to be leaking
or unfit for use as a result of the leak test or
assessment, the Permittee shall comply with Permit
Condition IV.E. of this Permit and notify the
Regional Administrator, in accordance with Permit
Condition IV.G. of this Permit. [40 CFR
264.193(i)(4)]
IV.D. OPERATING REQUIREMENTS
IV.D.I. The Permittee shall not place hazardous wastes or
treatment reagents in the tank system if they could cause
the tank, its ancillary equipment, or a containment system
to rupture, leak, corrode, or otherwise fail. [40 CFR
264.194(a)]
IV.D.2. The Permittee shall prevent spills and overflows from the
tank or containment systems using the methods described in
Permit Attachment IV-4. [40 CFR 264.194(b)]
IV.E. RESPONSE TO LEAKS OR SPILLS
In the event of a leak or a spill from the tank system, from a secondary
containment system, or if a system becomes unfit for continued use, the
Permittee shall remove the system from service immediately and complete
the following actions: [40 CFR 264.196(a)-(f)]
IV.E.I. Stop the flow of hazardous waste into the system and
inspect the system to determine the cause of the release.
IV.E.2. Remove waste and accumulated precipitation from the system
within 24 hours of the detection of the leak to prevent
further release and to allow inspection and repair of the
IV - 5
-------
September 1988
system. If the Permittee finds that it will be impossible
to meet this time period, the Permittee shall notify the
Regional Administrator and demonstrate that the longer
time period is required.
[Note: The permit condition may specify a time period
that is more than 24 hrs. This would be part of the
approved design.]
If the collected material is a RCRA hazardous waste, it
must be managed in accordance with all applicable
requirements of 40 CFR Parts 262-264. The Permittee shall
note that if the collected material is discharged through
a point source to U.S. waters or to a POTW, it is subject
to requirements of the Clean Water Act. If the collected
material is released to the environment, it may be subject
to reporting under 40 CFR Part 302.
IV.E.3. Contain visible releases to the environment. The
Permittee shall immediately conduct a visual inspection of
all releases to the environment and based on that
inspection: (1) prevent further migration of the leak or
spill to soils or surface water and (2) remove and
properly dispose of any visible contamination of the soil
or surface water.
IV.E.4. Close the system in accordance with the Closure Plan,
Permit Attachment II-9. unless the following actions are
taken:
[Note: Include Permit Condition IV.E.4.a. for all tank
systems; Permit Condition IV.E.4.b. for tank systems with
secondary containment; Permit Condition IV.E.4.C. for tank
systems with components below ground that do not have
secondary containment; Permit Condition IV.E.4.d. for tank
systems with aboveground components that do not have
secondary containment; and Permit Condition IV.E.4.e. for
tank systems with components that are not readily
accessible for visual inspection (e.g., the bottom of an
inground or onground tank). Permit Condition IV.E.4.f.
need only be used when Permit Conditions IV.E.4.C.,
IV.E.4.d., or IV.E.4.e. apply.]
IV.E.4.a. For a release caused by a spill that has not damaged
the integrity of the system, the Permittee shall
remove the released waste and make any necessary
repairs to fully restore the integrity of the system
before returning the tank system to service.
IV - 6
-------
September 1988
IV.E.4.b. For a release caused by a leak from the primary tank
system to the secondary containment system, the
Permittee shall repair the primary system prior to
returning it to service.
IV.E.4.C. For a release to the environment caused by a leak
from a component of the tank system that is below
ground and does not have secondary containment, the
Permittee must provide this component with secondary
containment that meets the requirements of 40 CFR
264.193 before the component can be returned to
service.
IV.E.4.d. For a release to the environment caused by a leak
from the aboveground portion of the tank system that
does not have secondary containment, and can be
visually inspected, the Permittee shall repair the
tank system before returning it to service.
IV.E.4.e. For a release to the environment caused by a leak
from the portion of the tank system component that is
not readily available for visual inspection, the
Permittee shall provide secondary containment that
meets the requirements of 40 CFR 264.193 before the
component can be returned to service.
IV.E.4.f. If the Permittee replaces a component of the tank
system to eliminate the leak, that component must
satisfy the requirements for new tank systems or
components in 40 CFR 264.192 and CFR 40 264.193.
IV.E.5. For all major repairs to eliminate leaks or restore the
integrity of the tank system, the Permittee must obtain a
certification by an independent, qualified, registered
professional engineer that the repaired system is capable
of handling hazardous wastes without release for the
intended life of the system before returning the system to
service. Examples of major repairs are: installation of
an internal liner, repair of a ruptured tank, or repair or
replacement of a secondary containment vault.
IV.F. INSPECTION SCHEDULES AND PROCEDURES
IV.F.I. The Permittee shall inspect the tank systems, in
accordance with the Inspection Schedule, Permit Attachment
II-3. and shall complete the items in Permit Conditions
IV.F.2. and IV.F.3. as part of those inspections:
IV - 7
-------
September 1988
IV.F.2, The Permittee shall Inspect the overfill controls, in
accordance with the schedule in Permit Attachment II-3.
[40 CFR 264.195(a)]
IV.F.3. The Permittee shall inspect the following components of
the tank system once each operating day: [40 CFR
264.195(b)]
IV.F.S.a. Aboveground portions of the tank system, if any, to
detect corrosion or releases of waste;
IV.F.3.b. Data gathered from monitoring and leak detection
equipment (e.g., pressure or temperature gauges,
monitoring wells) to ensure that the tank system is
being operated according to its design;
IV.F.S.c. Construction materials and the area immediately
surrounding the externally accessible portion of the
tank system, including the secondary containment
system, to detect erosion or signs of releases of
hazardous waste (e.g., wet spots, dead vegetation).
[Note: The Permit Writer may require more frequent
inspections for the tank system, if necessary.]
[Note: The Permit Writer should include Permit Condition
IV.F.4. only if a cathodic protection system is used.]
IV.F.4. The Permittee shall inspect cathodic protection
systems, in accordance with the following schedule:
[40 CFR 264.195(c)]
a. The proper operation of the cathodic protection
system must be confirmed within six months from
initial installation and annually thereafter and
b. All sources of impressed current must be
inspected and tested every other month.
[Note: The Permit Writer may require more frequent
inspections for cathodic protection systems, if
necessary.]
IV.F.5. The Permittee shall document compliance with Permit
Conditions IV.F.2. through IV.F.4. and place this
documentation in the operating record for the
facility. [40 CFR 264.195(d)]
IV -
-------
September 1988
IV.G. RECORDKEEPING AND REPORTING
IV.G.I. The Permittee shall report to the Regional Administrator,
within 24 hours of detection, when a leak or spill occurs
from the tank system or secondary containment system to
the environment. [AO CFR 264.196(d)(1)] (A leak or spill
of one pound or less of hazardous waste, that is
immediately contained and cleaned-up, need not be
reported.) [40 CFR 264.196(d)(2)] (Releases that are
contained within a secondary containment system need not
be reported). If the Permittee has reported the release
pursuant to 40 CFR Part 302, this report satisfies the
requirements of this Permit Condition. [40 CFR
264.196(d)(l)]
IV.G.2. Within 30 days of detecting a release to the environment
from the tank system or secondary containment system, the
Permittee shall report the following information to the
Regional Administrator: [40 CFR 264.196(d)(3)]
a. Likely route of migration of the release;
b. Characteristics of the surrounding soil (including
soil composition, geology, hydrogeology, and
climate);
c. Results of any monitoring or sampling conducted in
connection with the release. If the Permittee finds
it will be impossible to meet this time period, the
Permittee should provide the Regional Administrator
with a schedule of when the results will be
available. This schedule must be provided before the
required 30-day submittal period expires;
d. Proximity of downgradient drinking water, surface
water, and populated areas; and
e. Description of response actions taken or planned.
IV.G.3. The Permittee shall submit to the Regional Administrator
all certifications of major repairs to correct leaks
within seven days from returning the tank system to use.
[40 CFR 264.196(f)]
[Note: The Permit Writer should include Permit Condition IV.G.4.
for new tank systems or components, and Permit Condition IV.G.5. for
existing tank systems without secondary containment.]
IV - 9
-------
September 1988
IV.G.4. The Permittee shall obtain, and keep on file at the
facility, the written statements by those persons required
to certify the design and installation of the tank system.
[40 CFR 264.192(g)]
IV.G.5. The Permittee shall keep on file at the facility the
written assessment of the tank system's integrity. [40
CFR 264.191(a)j
IV.G.6. The Permittee shall maintain at the facility a record of
the results of leak tests and integrity tests conducted,
in accordance with Permit Conditions IV.C.4.a. through
IV.C.4.c.
IV.H. CLOSURE AND POST-CLOSURE CARE
[Note: Permit Condition IV.H.I. applies to all tanks. The Permit
Writer should include Permit Condition IV.H.2. in all tank permits
as a contingency in case the tank cannot be "clean" closed at the
time of closure.]
IV.H.I. At closure of the tank system(s), the Permittee shall
follow the procedures in the Closure Plan, Permit
Attachment II-9. [40 CFR 264.197(a)]
[Note: Since all tanks are required to seek clean
closure, the Closure Plan must address clean closure, but
may also need a contingent closure plan referenced in
Permit Condition IV.H.2.]
IV.H.2. If the Permittee demonstrates that not all contaminated
soils can be practically removed or decontaminated, in
accordance with the Closure Plan, then the Permittee shall
close the tank system(s) and perform post-closure care
following the contingent procedures in the Closure Plan
and in the Post-Closure Plan, Permit Attachment 11-11.
[40 CFR 264.197(b) and (c)]
[Note: A contingent post-closure plan is required at the
time a permit is issued for tank systems that do not have
secondary containment.]
[Note: The Permit Writer should use the Post-Closure
Permit Module (Module XIII) to define the requirements
that the Permittee shall follow for post-closure care.]
IV - 10
-------
September 1988
IV. I. SPECIAL TANK PROVISIONS FOR IGNITABLE OR REACTIVE WASTES
[Note: The Permit Writer should include this section if ignitable or
reactive wastes are treated or stored in the tank system.]
IV.I.I. The Permittee shall not place ignitable or reactive waste
in the tank system or in the secondary containment system,
unless the procedures specified in Permit Attachment IV-5
are followed. [40 CFR 264.198(a)]
[Note: The Permit Writer should ensure that Permit
Attachment IV-5 clearly documents how the Permittee will
comply with the requirements of 40 CFR 264.198(a). Per 40
CFR 264.198(a), the Permittee shall not place ignitable or
reactive waste in the tank system, unless the waste is
treated, rendered, or mixed before or immediately after
placement in the tank system, so that: (a) the resulting
waste, mixture, or dissolved material no longer meets the
definition of ignitable or reactive waste in 40 CFR 261.21
or 261.23 (The General Requirements for Ignitable and
Reactive Wastes) and the precautions in 40 CFR 264.17(b)
are complied with; (b) the waste is managed in such a way
that it is protected from any material or conditions which
may cause it to ignite or react; or (c) the tank system is
used solely for emergencies.]
IV.I.2. The Permittee shall comply with the requirements for the
maintenance of protective distances between the waste
management area and any public ways, streets, alleys, or
an adjoining property line that can be built upon, as
required in Tables 2-1 through 2-6 of the National Fire
Protection Association's "Flammable and Combustible
Liquids Code" (1977 or 1981). [40 CFR 264.198(b)]
IV.J. SPECIAL TANK PROVISIONS FOR INCOMPATIBLE WASTES
[Note: The Permit Writer should include this section if incompatible
wastes are treated or stored in the tank system.]
IV.J.I. The Permittee shall not place incompatible wastes, or
incompatible wastes and materials, in the same tank system
or the same secondary containment system, unless the
procedures specified in Permit Attachment IV-6 are
followed. [40 CFR 264.199(a)]
[Note: The Permit Writer should ensure that Permit
Attachment IV-6 clearly demonstrates how the Permittee
will comply with the requirements of 40 CFR 264.17(b).]
IV - 11
-------
September 1988
IV.J.2. The Permittee shall not place hazardous waste in a tank
system that has not been decontaminated and that
previously held an incompatible waste or material, unless
the requirements of Permit Condition VI.J.I. are met. [40
CFR 264.199(b)]
IV.K. COMPLIANCE SCHEDULE
[Note: The Permit Writer should include this section if the Permittee is
required to complete specific steps within a specific time period, beyond
those covered by other conditions of the Permit, as a criteria for
retaining this operating Permit. Compliance schedules are generally used
in cases where requirements that are supposed to be met by the Permittee
before the Permit is issued are deferred for good cause until after
permit issuance. Appropriate compliance schedules included in the Part B
Permit Application should be attached to, or incorporated in, the Permit.
If the application does not include a compliance schedule, the Permit
Writer should prepare one and attach it to the Permit. Each compliance
schedule should have at least two columns - one identifying the activity
and one identifying the milestone or completion dates. The following is
an example of a condition that may apply for a tank system.]
The Permittee shall provide the following information to the Regional
Administrator:
Item Date Due to the Regional Administrator
[Example:
1. ABC Engineering Design June 26, 1989
Report on the Above-
ground Secondary Contain-
ment System for Tank
System B (CF-102 and
CF-103)
2. Documentation that a high- October 1, 1989
level alarm was installed
on Tank System A (CF-101)
3. As-built construction April 1, 1990]
drawings for the secondary
containment system for Tank
System B
IV - 12
-------
September 1988
PERMIT ATTACHMENTS REFERENCED IN MODULE IV - TANKS
This list is provided to assist the Permit Writer in checking that all
Permit Attachments referenced in this module are attached to the Permit.
The purpose of the numbering scheme used here is to facilitate cross-
walking with the model permit conditions. The Permit Writer may select
other numbering schemes, as appropriate, when preparing actual permits.
Permit Attachment No. Plan or Document
(from the Part B Permit Application)
II-3 Facility Inspection Schedule
II-9 Facility Closure Plan
11-11 Facility Post-Closure Plan
IV-1 Plans and reports to support a
variance from the requirements for
secondary containment
IV-2 Detailed plans and other information
describing secondary containment
systems
IV-3 Procedures for conducting leak tests
IV-4 Procedures for preventing spills and
overflows from the tanks or
containment systems
IV-5 Procedures for handling ignitable or
reactive waste
IV-6 Procedures for handling incompatible
wastes
IV - 13
-------
September 1988
MODULE V - SURFACE IMPOUNDMENTS
[Note: Include this permit module when the Permittee is storing,
treating, or disposing hazardous waste in surface impoundments. Waste
analysis requirements (40 CFR 264.13), closure and post-closure
requirements (40 CFR 264.228), and emergency repair/contingency plan
requirements (40 CFR 264.227) for surface impoundments are contained as
attachments to the Permit in the Waste Analysis Plan, Closure and Post-
Closure Plan, and Contingency Plan, respectively. Permit conditions for
Post-Closure (40 CFR 264.117) for surface impoundments are contained in
the Post-Closure Care Permit Module (Module XIII). The Post-Closure Care
Plan is incorporated in Module II which covers General Facility
Conditions.]
[Note: The Permit Writer should refer to the RCRA Permit Quality
Protocol for additional guidance in developing or reviewing permit
conditions. See discussion of the RCRA Permit Quality Protocol in the
Introduction to this Model Permit.]
V.A. MODULE HIGHLIGHTS
[The Permit Writer should include a general discussion of the activities
covered by this module. The discussion should contain the following
information: general description (including dimensions and capacity);
location; liner description (including type of material and thickness);
description of leachate collection and removal system; description of
dike (including type of material and height, any freeboard
specifications); description of types of wastes stored, treated, or
disposed; any unique or special features associated with the operation;
and a reference to any special permit conditions.]
V.B. PERMITTED AND PROHIBITED WASTE IDENTIFICATION
The Permittee may manage hazardous wastes under the following conditions:
V.B.I. The Permittee may [specify store, treat, or dispose of]
the following hazardous wastes in surface impoundments,
subject to the terms of this Permit:
Surface Description
Impoundment Type of Capacity Dimensions of of Hazardous Hazardous
Designation Unit (gallons) Impoundment Waste Waste No.
[Example:
South Storage 15,000 33 ft(l) x Electroplating F006]
Lagoon 15 ft(w) x Sludge
4 ft(d)
V - 1
-------
September 1988
[Note: Under "Description of Hazardous Waste," the Permit Writer
should provide only a brief generic description, not comprehensive
characteristics, where a Hazardous Waste Number is provided for
reference.]
V.B.2. The Permittee is prohibited from storing, treating, or
disposing in surface impoundments any hazardous waste that
is not identified in Permit Condition V.B.I.
[Note: The Permit Writer may also include here a list of specific wastes
or materials that are prohibited.]
V.C. DESIGN. CONSTRUCTION. AND OPERATING REQUIREMENTS
[Note: Permit Conditions V.C.I., V.C.4., and V.C.5. apply in each of the
following cases: a surface impoundment that received waste beginning May
8, 1985, each new surface impoundment, each new surface impoundment unit
at an existing facility, each replacement of an existing surface
impoundment unit, and each lateral expansion of an existing surface
impoundment. A surface impoundment that received waste prior to May 8,
1985, and is no longer active, shall be closed in accordance with the
requirements of 40 CFR 264.228 and is not subject to any of these
conditions.]
[Note: If a Permittee is granted an exemption from the double liner
requirement [40 CFR 264.221(c)], in accordance with 40 CFR 264.221(d),
then only Permit Conditions V.C.2., V.C.4., and V.C.5. apply to the
surface impoundment. The Permit Writer should add a condition to the
Permit stating that the Permittee is exempt from 40 CFR 264.221(c) and is
subject to the requirements of 40 CFR 264.221(d).]
[Note: If a Permittee has a monofill and is granted an exemption from
the double liner requirement [40 CFR 264.221(c)], in accordance with
40 CFR 264.221(e), then only Permit Conditions V.C.3., V.C.4., and V.C.5.
apply to the surface impoundment. The Permit Writer should add a
condition to the Permit stating that the Permittee is exempt from 40 CFR
221(c) and is subject to the requirements of 40 CFR 264.221(e).j
[Note: The Permit Writer should document the basis for granting
exemptions in the Administrative Record for this facility.]
V.C.I. The Permittee shall install and maintain two [or more]
liners, and a leachate collection and removal system
between such liners, in accordance with the design plans
and reports contained in Permit Attachment V-l. [40 CFR
264.221(c)] The Permittee shall manage the leachate
collected from the leachate collection and removal system
in accordance with the design plans and reports contained
in Permit Attachment V-l. [The Permit Writer should
V - 2
-------
September 1988
specify in the Permit how collected leachate will be
managed.]
[Note: Detailed design drawings of each liner and of the
leachate collection and removal system and engineering
reports, contained in Permit Attachment V-l. must
demonstrate how the Permittee will meet all the
requirements of 40 CFR 264.221(c).]
[Note: The Permit Writer should provide a brief
description of the liners (e.g., construction materials,
thickness, permeability) and leachate collection and
removal system (e.g., construction materials, thickness
and permeability of drainage layer). Example language is
as follows: The primary liner shall consist of a 0.45-mil
HDPE liner that is seam-welded and a composite secondary
liner, located four feet below the primary liner,
consisting of a 0.4-mil HDPE liner and three feet of
compacted clay having a permeability not greater than 10
cm/sec. The leachate collection and removal system shall
consist of a drainage tile system, embedded in a course
sand media of 1x10 "*• cm/sec or greater permeability,
discharging to a sump with a level-controlled positive
displacement pump, discharging to Tank 002 for subsequent
testing and discharge to NPDES-regulated Outfall 002 or to
the leachate treatment system.]
[Note: Use Permit Condition V.C.2. if the Regional Administrator
finds that a surface impoundment with alternative design and
operating practices, together with location characteristics, will
prevent the migration of any hazardous constituents into the ground
water or surface water, at least as effectively as the requirements
of 40 CFR 264.221(c).]
V.C.2. The Permittee shall [design, construct, operate, and]
maintain the surface impoundment in accordance with the
plans and reports contained in Permit Attachment V-l. [40
CFR 264.221(d)]
[Note: Permit Attachment V-l should contain comprehensive
detailed plans and engineering and hydrogeologic reports
of the alternative design and operating practices.]
[Note: Use Permit Condition V.C.3. if the Regional Administrator
waives the double liner requirements for a monofill, in accordance
with the requirements of 40 CFR 264.221(e).]
V.C.3. The Permittee shall [design, construct, operate, and]
maintain a monofill, in accordance with the plans and
reports contained in Permit Attachment V-l. [40 CFR
264.221(e)]
V - 3
-------
September 1988
[Note: Permit Attachment V-l should contain detailed
plans and engineering and hydrogeologic reports of the
alternative design and operating requirements. The Permit
Writer should specify in the Permit any additional
operating practices and location characteristics that are
necessary to ensure compliance with 40 CFR 264.221(e).]
V.C.4. The Permittee shall [design, construct, operate, and]
maintain the surface impoundment to prevent overtopping,
in accordance with the detailed design plans and operating
practices contained in Permit Attachment V-2 . [40 CFR
264.221(f)J
V.C.5. The Permittee shall [design, construct, and] maintain the
surface impoundment dikes according to the detailed design
plans and operating practices contained in Permit
Attachment V-3. [40 CFR 264.221(g)]
V.D. LEAK CONTROL PROCEDURES
V.D.I. The Permittee shall monitor separately, each leak
detection system at each surface impoundment, for the
presence of liquids daily, during the active life of the
facility. The Permittee shall completely remove all
liquid from each leak detection system as expeditiously as
possible. The Permittee shall manage this liquid
according to the plans and procedures described in Permit
Attachment V-4 . The Permittee shall mitigate leakage into
the leak detection system.
V.D. 2. In the event of a sudden drop in the liquid level of the
surface impoundment, that is not known to be caused by
changes in the flow into or out of the impoundment, or if
the dike leaks, the Permittee shall remove the surface
impoundment from service immediately and complete the
following actions: [40 CFR 264. 227 (a) - (b) ]
o Immediately shut off the flow or stop the addition of
wastes into the impoundment;
o Immediately contain any surface leakage which has
occurred or is occurring;
o Immediately stop the leak;
o Take any necessary steps to stop or prevent
catastrophic failure; and
o If a leak cannot be stopped by any other means, empty
the impoundment .
V - 4
-------
September 1988
V.D.3. A surface impoundment that has been removed from service
pursuant to this permit condition may be returned to
service only if the portion of the impoundment which was
failing is repaired and the following steps are taken:
[40 CFR 264.227(d)]
V.D.S.a. If the impoundment was removed from service as the
result of actual or imminent dike failure, the dike's
structural integrity must be recertified by a
qualified, registered professional engineer, in
accordance with 40 CFR 264.226(c).
V.D.S.b. If the impoundment was removed from service as the
result of a sudden drop in the liquid level, then for
any existing portion of the impoundment, a liner must
be installed in compliance with 40 CFR 264.221(a),
and for any other portion of the impoundment, the
repaired liner system must be certified by a
qualified, registered professional engineer as
meeting the design specifications contained in Permit
Condition V.C.
V.D.4, A surface impoundment that has been removed from service,
in accordance with the requirements of 40 CFR 264.227, and
is not being repaired, must be closed in accordance with
the provisions of 40 CFR 264.228. [40 CFR 264.227(e)]
V.E. INSPECTION SCHEDULES AND PROCEDURES
V.E.I. The Permittee shall inspect the surface impoundment in
accordance with the inspection schedule, Permit Attachment
II-3. and shall complete the following as part of these
inspections:
[Note: Include Permit Conditions V.E.2. through V.E.4. for new or
expanded impoundments; otherwise, only Permit Condition V.E.4. is
necessary.]
V.E.2. The Permittee shall inspect the liners and cover systems
during construction and installation for uniformity,
drainage, and imperfections. [40 CFR 264.226(a)]
V.E.3. The Permittee shall inspect the surface impoundment
immediately after construction or installation. [40 CFR
264.226(a)]
V.E.3.a. Synthetic liners and covers must be inspected to
ensure tight seams and joints and the absence of
tears, punctures, or blisters.
V - 5
-------
September 1988
V.E.3.b. Soil-based and admixed liners and covers must be *
inspected for imperfections including lenses, cracks,
channels, root holes, or other structural non-
uniformities that may cause an increase in the
permeability of the liner or cover.
V.E.4. If the surface impoundment is removed from service for
more than six (6) months, then prior to returning to
service, the Permittee shall obtain a certification from a
qualified, registered professional engineer that the
surface impoundment's dike, including that portion of any
dike which provides freeboard, has structural integrity.
The certification must establish that the dike: [40 CFR
264.226(c)]
V.E.A.a. Will withstand the stress of the pressure exerted by
the types and amounts of wastes to be placed in the
surface impoundment.
V.E.4.b. Will not fail due to scouring or piping, without
dependence on any liner system included in the
surface impoundment construction.
[Note: The Permit Writer may specify additional items to be covered
by the certification. These could include permeability measurements
or requiring the testing of all the synthetic liner seam welds.]
V.F. RECORDKEEPING AND REPORTING
The Permittee shall notify the Regional Administrator, in writing, within
seven (7) days from detecting either a leak in the surface impoundment
dike or a sudden drop in the liquid level (and the drop is not caused by
changes in the flows into or out of the impoundment). [40 CFR
264.227(b)(6)j
V.G. CLOSURE AND POST-CLOSURE CARE
[Note: Closure plan and post-closure plan requirements for surface
impoundments are:
o Double-lined storage and treatment impoundments -- closure plan
required but no contingent post-closure plan;
o Storage and treatment impoundments that are not double lined - -
closure plan and contingent post-closure plan required; and
o Disposal impoundments -- closure and post-closure plans
required.
Permit Condition V.G.I, applies to all surface impoundments. The Permit
Writer should include Permit Condition V.G.2. for storage or treatment
V - 6
-------
September 1988
impoundments that are not equipped with double liners, as a contingency,
in case the surface impoundment cannot be 'clean" closed at the time of
closure. The Permit Writer should include Permit Condition V.G.3. for
disposal surface impoundments.]
V.G.I. At closure of the surface impoundment, the Permittee shall
follow the procedures in the approved Closure Plan
contained in Permit Attachment II-9. [40 CFR 264.228(a)]
V.G.2. If, after closure, waste residues or contaminated
materials are left in place or all contaminated subsoils
cannot be removed during closure to the levels specified
in the closure plan, then the Permittee shall follow the
procedures in the approved contingency portion of the
Closure Plan and the contingent Post-Closure Plan
contained in Permit Attachments II-9 and 11-11 and the
Post-Closure Care Permit Module (Module XIII). [40 CFR
264.228(b) and (c)]
V.G.3. For disposal surface impoundments (where hazardous waste,
waste residues, or contaminated materials are left in
place at final closure), the Permittee shall follow the
plans and procedures in the approved Post-Closure Care
Plan in Permit Attachment 11-11 and in the Post-Closure
Permit Module (Module XIII). [40 CFR 264.228(b)]
V.H. SURFACE IMPOUNDMENT RETROFITTING PLANS OR WAIVER APPLICATION
REQUIREMENTS
[Note: Any valid multiple liner waiver request application under section
3005(j)(5) of HSVA must have been sent to EPA no later than November 8,
1986. If no waiver was requested by November 8, 1986, or if a waiver
request was denied by the Regional Administrator, the Permittee must
proceed to retrofit the surface impoundment in accordance with Permit
Condition V.H.I.]
V.H.I. Surface Impoundment Retrofitting Plans
V.H.I.a. Draft Construction Plan
The Permittee, within 60 days [or some reasonable
time frame determined by the Permit Writer] of the
effective date of the Permit [or denial of the waiver
request or change in conditions], must submit a
Draft Construction Plan for the retrofitting of
surface impoundments [The Permit Writer should
identify the specific surface impoundments covered by
this condition.] to the Regional Administrator for
review. This plan must comply with the Minimum
Technology Requirements of 40 CFR 264.221.
V - 7
-------
September 1988
V.H.l.b. Final Construction Plan
Following receipt of the Draft Construction Plan, the
Regional Administrator will provide comments to the
Permittee as to any corrections or modifications
which must be made to the Draft Construction Plan.
Within 30 days [or some reasonable time frame
determined by the Permit Writer] of receipt of such
comments, the Permittee must submit a Final
Construction Plan to the Regional Administrator.
V.H.l.c. Initiation of Construction
Within 30 days [or some reasonable time frame
determined by the Permit Writer] of the Regional
Administrator's approval of the Final Construction
Plan, the Permittee shall initiate the approved Final
Construction Plan, pursuant to the terms and schedule
set forth in the plan.
V.H.l.d. Construction Completion
The surface impoundments [The Permit Writer should
identify the specific surface impoundments covered by
this condition.] must be completely retrofitted to
comply with the Minimum Technology Requirements of 40
CFR 264.221, in accordance with the approved Final
Construction Plan, no later than November 8, 1988.
V.H.l.e. Construction Quality Assurance Documentation Report
The Permittee shall submit a final Construction
Quality Assurance Documentation Report, including
as-built drawings, to the Regional Administrator
within 60 days [or some reasonable time frame
determined by the Permit Writer] of completion of any
retrofitted surface impoundments.
V.H.2. Waiver Application Plans
[Note: Section 3005(j) of RCRA provides for four categories of
exemptions to the Minimum Technological Requirements for surface
impoundments. The following is a listing of the criteria for each
category. The Permit Writer shall include Permit Condition V.H.2.
to obtain information from the Permittee regarding the schedule
and/or status of information to substantiate the exemption.
V -
-------
September 1988
Exemption No. 1: An interim status surface impoundment must:
o Have at least one liner for which there is no evidence
that such liner is leaking;
o Be located more than one-quarter mile from an underground
source of drinking water; and
o Be in compliance with generally applicable ground-water
monitoring requirements for facilities with Permits under
subsection (c) of Section 3005.
Exemption No. 2: A surface impoundment must be one which:
o Contains treated waste water during the secondary or
subsequent phases of an aggressive biological treatment
facility subject to a permit issued under section 402 of
the Clean Water Act (or which holds such treated waste
water after treatment and prior to discharge);
o Is in compliance with generally applicable ground-water
monitoring requirements for facilities with RCRA Permits;
and
o Is part of a facility in compliance with Section 301(b)(2)
of the Clean Water Act; or in the case of a facility, for
which no effluent guidelines required under Section
304(b)(2) of the Clean Water Act are in effect and no
Permit under section 402(a)(1) of such Act implementing
Section 301(b)(2) of such Act has been issued, is part of
a facility in compliance with a Permit under Section 402
of such Act, which is achieving significant degradation of
toxic pollutants and hazardous constituents contained in
the untreated waste stream and which has identified those
toxic pollutants and hazardous constituents in the
untreated waste stream to the appropriate permitting
authority.
Exemption No. 3: The Agency, after notice and opportunity for
comment, may modify the requirements for any surface impoundment if
the Permittee demonstrates that such surface impoundment is located,
designed and operated so as to assure there will be no migration of
any hazardous constituent into ground water or surface water at any
future time. The Regional Administrator shall take into account
locational criteria established under Section 3004(o)(7).
Exemption No. 4: The Agency may modify the surface impoundment
retrofitting requirements in the case of a surface impoundment for
which the Permittee, prior to October 1, 1984, has entered into, and
is in compliance with, a consent order, decree, or agreement with
the Agency with an authorized program, mandating corrective action
V - 9
-------
September 1988
with respect to such surface impoundment, that provides a degree of I
protection of human health and the environment which is, at a
minimum, equivalent to the Minimum Technological Requirements.]
V.H.2. The Permittee shall submit information that substantiates
the exemption to the Minimum Technological Requirements,
in accordance with the schedules in Permit Attachment V-5.
V.H.3. Permit Modification Request
The Permittee shall not receive, store, treat, or dispose
of hazardous waste after November 8, 1988, and must
commence closure of surface impoundments [The Permit
Writer should identify the specific surface impoundments
covered by this condition.] by December 8, 1988. [53 FR
24719, June 30, 1988] The Permittee shall submit a
request for modification of the closure plan to reflect
closure of this (these) unit(s) within 60 days from the
effective date of this Permit or date of waiver denial or
change in conditions.
V.I. SPECIAL SURFACE IMPOUNDMENT PROVISIONS FOR IGNITABLE OR REACTIVE
WASTES
[Note: The Permit Writer should include this condition if the Permittee
places ignitable or reactive wastes in the surface impoundment.]
The Permittee shall not place ignitable or reactive waste in surface
impoundments [The Permit Writer should identify the specific surface
impoundments covered by this condition.], unless the procedures specified
in Permit Attachment V-6 are followed. [40 CFR 264.229(b)]
[Note: The Permit Writer should specify in brief terms how the Permittee
shall comply with 40 CFR 264.229. In accordance with the regulations,
ignitable or reactive wastes can be placed in a surface impoundment if:
(a) the waste is treated or mixed before or immediately after placement
in the surface impoundment so that the resulting waste, mixture, or
dissolution of material no longer meets the definition of ignitable or
reactive waste and 40 CFR 264.17 (General Requirements for Ignitable,
Reactive, or Incompatible Wastes) is complied with, or (b) the waste is
managed in such a way that it is protected from any material or
conditions which may cause it to ignite or react, or (c) the surface
impoundment is used solely for emergencies. The Permit Writer should
indicate which one of these three conditions applies to the Permit.]
V.J. SPECIAL SURFACE IMPOUNDMENT PROVISIONS FOR INCOMPATIBLE WASTES
[Note: The Permit Writer should include this condition if the Permittee
places incompatible wastes in the surface impoundment.]
V - 10
-------
September 1988
The Permittee shall not place incompatible wastes, or incompatible wastes
and materials, in the same surface impoundment, unless the procedures
specified in Permit Attachment V-7 are followed. [40 CFR 264.230]
[Note: The Permit Writer should specify how the Permittee shall comply
with 40 CFR 264.17(b) and (c).
V.K. SPECIAL SURFACE IMPOUNDMENT PROVISIONS FOR HAZARDOUS WASTES F020.
F021. F022. F023. F026. AND F027 [HSWA]
[Note: The Permit Writer should include this condition if the Permittee
stores, treats, or disposes special T" wastes in the surface
impoundment.]
The Permittee may place hazardous wastes [specify which of the following]
F020, F021, F022, F023, F026, or F027 in the surface impoundment [The
Permit Writer should identify the specific surface impoundments covered
by this condition.], in accordance with the waste management plan
contained in Permit Attachment V-8. [40 CFR 264.231]
[Note: The Regional Administrator must approve the waste management plan
developed under 40 CFR 264.231.]
V.L. SPECIAL SURFACE IMPOUNDMENT PROVISIONS FOR HAZARDOUS WASTES
RESTRICTED FROM SURFACE IMPOUNDMENT UNITS [HSWA]
[Note: The Permittee may continue to place restricted hazardous waste,
as defined in 40 CFR Part 268, in a surface impoundment beyond the
prohibition date if the Permittee has been granted an extension to the
date [40 CFR 268.1(c)(l)] or the Permittee has been granted an exemption
from the prohibition [40 CFR 268.l(c)(2)], or the waste is contaminated
soil or debris resulting from a response action taken under CERCLA
Sections 104 or 106 or a corrective action taken under RCRA [40 CFR
268.l(c)(3)]. (These wastes may be disposed only until November 8,
1988.) The Permit Writer should include this condition in the Permit if
one or more of these situations occur. The Permit Writer should document
the basis for granting all exceptions to the land disposal restrictions
in the Administrative Record for this Permit.]
V.L.I. The Permittee may place the following restricted hazardous
waste(s) in a surface impoundment, subject to the terms of
this Permit and as described below:
V - 11
-------
September 1988
Surface Impoundment Hazardous Description of Type of Expiration *
Designation Waste No. Hazardous Waste Approval Date—
[Example:
South Lagoon F001 Tetrachloroethylene Exemption August 13,
1998]
[Note: The Permit Writer should include Permit Conditions V.L.2. -
V.L.4. in situations where case-by-case extensions to the
prohibition date have been granted under 40 CFR 268.5.]
V.L.2. All restricted waste placed in the surface impoundment
must be generated at the facility covered by this RCRA
Permit unless the restricted waste is from another
generating facility that is covered by an EPA or State
approved application for a restricted waste capacity
extension that specifically allows placement into the
Permittee's surface impoundment. [40 CFR 268.5(d)]
V.L.3. The Permittee shall immediately notify the Regional
Administrator as soon as he has knowledge of any change in
the conditions certified in his approved application for
the case-by-case capacity extension, dated . [40
CFR 268.5(f)]
V.L.4. The Permittee shall submit written progress reports
regarding the approved case-by-case capacity extension
that: (a) describe the overall progress made toward
constructing or otherwise providing alternative treatment,
recovery or disposal capacity; (b) identify any event
which may cause or has caused a delay in the development
of the capacity; and (c) summarize the steps taken to
mitigate the delay. The progress reports must be
submitted in accordance with the schedule in Permit
Attachment V-9. [40 CFR 268.5(g)]
[Note: Permit Conditions V.L.5. and V.L.6. only apply to a new
landfill or surface impoundment unit, replacement of an existing
surface impoundment unit, and each lateral expansion of an existing
surface impoundment unit.]
Extensions may be granted for up to one year from the prohibition
date, plus one additional year with proper demonstration. [40 CFR
268.5(e)]
Exemptions shall be no longer than the term of the RCRA Permit for
the unit. [40 CFR 268.6(h)]
V - 12
-------
September 1988
V.L.5. The Permittee shall comply with all applicable
requirements of 40 CFR Subpart F to protect ground water
and all applicable requirements of 40 CFR 264.301(c), (d)
and (e).
V.L.6. The Permittee shall comply with all applicable
requirements of 40 CFR Subpart F to protect ground water
and all applicable requirements of 40 CFR 264.221(c), (d),
and (e).
[Note: Permit Condition V.L.7 applies only to surface impoundments
that treat restricted waste, to the performance standards specified
in 40 CFR 268 Subpart D, and ship the treated waste or treatment
residue to another land disposal facility.]
V.L.7. The Permittee shall submit a certification to the
receiving facility for each shipment of waste, or
treatment residue of a restricted waste, that is shipped
to a land disposal facility. The certification shall
indicate that the waste or treatment residue has been
treated to the performance standards specified in 40 CFR
268 Subpart D. The Permittee shall use the certification
language in 40 CFR 268.7(b)(2)(i). [40 CFR 268.7(b)(2)]
V.L.8. The Permittee shall maintain records of notices and
certifications received from generators and waste
treatment facilities that restricted waste is accepted
from, and obtain copies of waste analysis data to
determine that the wastes are in compliance with the
applicable treatment standards in 40 CFR 268.41. [40 CFR
268.7(c)]
V.M. COMPLIANCE SCHEDULE
[Note: The Permit Writer should include this condition if the Permittee
is required to complete specific steps within a specific time period,
beyond those covered by other conditions of the Permit, as a criteria for
retaining this operating Permit. Compliance schedules are generally used
in cases where requirements that are supposed to be met by the Permittee
before the Permit is issued are deferred for good cause until after
Permit issuance. Appropriate compliance schedules included in the Part B
Permit Application should be attached to, or incorporated in, the Permit.
If the application does not include a compliance schedule, the Permit
Writer should prepare one and attach it to the Permit. Each compliance
schedule should have at least two columns - one identifying the activity
and one identifying the milestone or completion dates. The following is
an example of a condition that may apply for a surface impoundment.]
V - 13
-------
September 1988
The Permittee shall provide the following information to the Regional
Administrator:
Item Date Due to the Regional Administrator
[Example:
1. Revised Closure Plan May 10, 1989
2. Plans and Procedures
for Leachate Management June 15, 1989]
V - 14
-------
September 1988
PERMIT ATTACHMENTS REFERENCED IN MODULE V - SURFACE IMPOUNDMENTS
This list is provided to assist the Permit Writer in checking that all
Permit Attachments referenced in this module are attached to the Permit.
The purpose of the numbering scheme used here is to facilitate cross-
walking with the model permit conditions. The Permit Writer may select
other numbering schemes, as appropriate, when preparing actual Permits.
Permit Attachment No. Plan or Document
(from the Part B Permit Application)
II-3 Facility Inspection Schedule
II-9 Closure Plan
11-11 Post-Closure Care Plan
V-l Design Plans and Reports for
Installing Liners and Leachate
Collection and Removal System and
Operating the LCRS (or for an
alternative design) (or for a monofill
where the Agency has waived the double
liner requirement)
V-2 Design Plans and Operating Practices
to Prevent Overtopping
V-3 Design Plans and Operating Practices
to Prevent: Massive Failure of the
Dikes
V-4 Plans and Procedures for Leachate
Management
V-5 Schedules for Submitting Required
Exemption Information
V-6 Procedures for Managing Ignitable or
Reactive Wastes
V-7 Procedures for Managing Incompatible
Wastes
V-8 Waste Management Plan for Special "F"
Wastes
V-9 Schedule for Submitting Progress
Reports on Developing Alternatives for
Handling Land-Banned Wastes
V - 15
-------
September 1988
MODULE VI - WASTE PILES
[Note: This permit module should be included when the Permittee is
storing and/or treating hazardous waste in waste piles (waste piles that
are closed with wastes in place are regulated as landfills.) When using
this module in a permit, the Permit Writer should specify in the title
whether this module is for storage and/or treatment of waste in waste
piles. Waste analysis requirements (40 CFR 264.13) and closure
requirements (40 CFR 264.197) for waste piles are normally contained as
attachments to the Permit in the Waste Analysis Plan and the Closure
Plan. Post-closure requirements for waste piles, when necessary (40 CFR
264.117), are contained in the post-closure permit module (Module XIII).]
[Note: In general, a single permit module should be used if multiple
waste piles will be covered by the same Permit for a given facility.
However, it is acceptable to include multiple waste pile modules if, in
the Permit Writer's judgment, the characteristics and permit conditions
for each waste pile are sufficiently different to warrant multiple
modules.]
[Note: The Permit Writer should refer to the RCRA Permit Quality
Protocol for additional guidance in developing or reviewing permit
conditions. See discussion of the RCRA Permit Quality Protocol in the
Introduction to this Model Permit.]
VI. A.
MODULE HIGHLIGHTS
[The Permit Writer should include a general discussion of the activities
covered by this module. The discussion should contain the following
information: description, capacity and location of each waste pile;
description of the types of waste handled; any unique or special features
associated with the activity; and a reference to any special permit
conditions.1
VLB.
PERMITTED AND PROHIBITED WASTE IDENTIFICATION
VI.B.I. The Permittee may
[specify store and/or treat]
the following hazardous wastes in waste piles, subject to
the terms of this permit and as described below:
Waste Pile
Designation
[Example:
Incinerator
Ash Pile
Area
Dimensions
[or overall
surface areal
20 ft. high x
20 ft. base
diameter
Capacity
(cubic yards)
100 yd3
Description of
Hazardous Waste
Ash from Still
Bottoms
Incinerator
Hazardous
Waste No.
K009]
VI - 1
-------
September 1988 .
[Note: Under "Description of Hazardous Waste," the Permit Writer should
provide only a brief generic description, not comprehensive
characteristics, where a Hazardous Waste Number is provided for
reference.]
VLB. 2. The Permittee is prohibited from storing or treating
hazardous waste that is not identified in Permit Condition
VI.B.I.
[Note: The Permit Writer may also include here a list of specific wastes
or materials that are prohibited.]
VI.C. DESIGN. CONSTRUCTION. AND OPERATING REQUIREMENTS
[Note: Permit Conditions VI.C.I. through VI.C.6. do not apply to a
waste pile that is inside or under a structure that provides
protection from precipitation so that neither run-off nor leachate
is generated and (1) liquids or materials containing free liquids
are not placed in the pile; (2) the pile is protected from surface
water run-on; (3) where necessary, wind dispersal of the waste is
controlled by means other than wetting; and (4) the pile will not
generate leachate.] [40 CFR 264.250(c)]
[Note: Permit Conditions VI.C.I. and VI.C.2. apply only to new
units and lateral expansions and replacements of existing units at
interim status waste piles. If the Permittee has successfully
demonstrated, in accordance with 40 CFR 264.251(b), that alternative
design and operating practices, together with location
characteristics, will prevent the migration of any hazardous
constituents into the ground water or surface water at any future
time and, consequently, is granted an exemption from 40 CFR
264.251(a), the decision should be documented in the Administrative
Record for the facility. Where an exemption is granted, the Permit
Writer should specify in the Permit all design and operating
practices necessary to ensure that the requirements of 40 CFR
264.251(b) are satisfied. Permit Conditions VI.C.3. through VI.C.6.
apply to all waste piles.]
VI.C.I. The Permittee shall design, construct, and install a liner
that will prevent any migration of wastes out of the waste
pile, in accordance with the design plans and
specifications contained in Permit Attachment VI-1. [40
CFR 264.251(a)(l)]
[Note: Detailed design drawings of each liner and the
leachate collection and removal system and engineering
reports, contained in Permit Attachment VI-1, must
demonstrate how the Permittee will meet all of the
requirements of 40 CFR 264.301(c).]
VI - 2
-------
September 1988
[Note: The Permit Writer should provide a brief
description (in Permit Conditions VI.C.I. and VI.C.2.) of
the liners (e.g., construction materials, thickness,
permeability) and leachate collection and removal system
(e.g., construction materials, thickness and permeability
of drainage layer). Example language is as follows: The
primary liner shall consist of a 0.45-mil HDPE liner that
is seam-welded and a secondary liner, located four feet
below the primary liner, consisting of a 0.4-mil HDPE
liner and three feet of compacted clay having a
permeability not greater that 10"° cm/sec. The leachate
collection and removal system shall consist of a drainage
tile system, embedded in a course sand media of 1x10~^
cm/sec or greater permeability, discharging to a sump with
a level-controlled positive displacement pump, discharging
to Tank 002 for subsequent testing and discharge to NPDES-
regulated Outfall 002 or to the leachate treatment
system.]
VI.C.2. The Permittee shall design, construct, maintain, and
operate a leachate collection and removal system
immediately above the liner that will collect and remove
leachate from the waste pile, in accordance with the
design plans, specifications, and operating practices
contained in Permit Attachment VI-2. [40 CFR
264.251(a)(2)j
[Note: The Permit Writer should specify additional design
and operating conditions, as necessary, as part of this
permit condition to ensure that the leachate depth over
the liner does not exceed one foot.] [40 CFR
264.251(a)(2)]
VI.C.3. The Permittee shall [design, construct,] operate, and
maintain a run-on control system in accordance with the
design plans, specifications, and operating practices
contained in Permit Attachment VI-3. This control system
must be capable of preventing flow onto the active portion
of the pile during peak discharge from at least a 25-year
storm. [40 CFR 264.251(c)]
VI.C.4. The Permittee shall [design, construct,] operate, and
maintain a run-off management system in accordance with
the design plans, specifications, and operating practices
contained in Permit Attachment VI-4. This management
system must be capable of collecting and controlling at
least the water volume resulting from a 24-hour, 25-year
storm. [40 CFR 264.251(d)]
[Note: The Permit Writer should specify additional
conditions, as necessary, to ensure the proper management
VI - 3
-------
September 1988 .
of run-off. The following conditions are for example
purpo se s only:
a. The Permittee shall measure the volumetric flow rate
of any run-off from the waste pile.
b. The Permittee shall sample run-off once each day and
analyze each sample for pH, conductivity, total
organic carbon, and chromium concentration.
c. The Permittee shall record and maintain all data
compiled In accordance with Permit Condition VI.C.4.
d. The Permittee shall obtain an NPDES permit for
run-off discharged to a surface water body.
e. The Permittee shall manage the residue generated from
the run-off management system as a hazardous waste.]
VI.C.5. The Permittee shall empty or otherwise manage run-on and
run-off collection and holding facilities associated with
the run-on and run-off control system(s) to maintain the
design capacity of the system(s) in accordance with the
design plans, specifications, and operating practices
contained in Permit Attachment VI -_5. [40 CFR 264.251(e)]
[Note: The Permit Writer should include Permit Condition VI.C.6. if
the waste pile contains particulate matter that is potentially
subject to wind dispersal.]
VI.C.6. The Permittee shall cover or otherwise manage the waste
pile to control wind dispersal of particulate matter in
accordance with the methods contained in Permit Attachment
VI-6. [40 CFR 264.251(f)]
VI.D. INSPECTION SCHEDULES AND PROCEDURES
The Permittee shall inspect the waste pile in accordance with the
Inspection Schedule, Permit Attachment 11 - 3 . and shall complete the
following as part of those inspections.
[Note: The Permit Writer should include Permit Condition VI.D.l.,
tailored to each facility, where liners or cover systems (e.g.,
membranes, sheets, or coatings) will be constructed or installed at
the waste pile.]
VI.D.l. The Permittee shall inspect liners and cover systems
during construction or installation for uniformity,
damage, and imperfections [e.g., holes, cracks, thin
spots, or foreign materials]. The Permittee shall inspect
VI - 4
-------
September 1988
liners and cover systems immediately after construction
and installation as follows: [40 CFR 264.254(a)]
a. Synthetic liners and covers [if applicable] to ensure
tight seams and joints, and the absence of tears,
punctures, or blisters; and/or
b. Soil-based and admixed liners [if applicable] for
imperfections including lenses, cracks, channels,
root holes, and other structural nonuniformities that
may cause an increase in the permeability of the
liner or cover.
VI.D.2. The Permittee shall inspect the waste pile on a weekly
basis and immediately after storms to detect evidence of
the following: [40 CFR 264.254(b)]
a. Deterioration, malfunctions, or improper operation of
the run-on and run-off control system;
b. Proper functioning of the wind dispersal control
system [if applicable]; and
c. Presence of leachate in, and proper functioning of,
leachate collection and removal systems [if
applicable].
VI.E. RECORDKEEPING
The Permittee shall record and maintain in the operating record for this
Permit all monitoring and inspection data compiled under the requirements
of this permit module. [40 CFR 264.73]
VI.F. CLOSURE AND POST-CLOSURE CARE
[Note: Permit Condition VI.F.I. applies to all waste piles. The
Permit Writer should include Permit Condition VI.F.2. for all waste
piles that do not comply with the liner requirements of 40 CFR
264.251(a)(1) and are not exempt from them in accordance with 40 CFR
264.250(c) or 264.251(b). Permit Condition VI.F.2. is a contingency
in case the waste pile cannot be "clean" closed at the time of
closure.]
VI.F.I. At closure of the waste pile, the Permittee shall follow
the procedures in the Closure Plan, Permit Attachment II-
9. [40 CFR 264.258(a>]
[Note: Since all waste piles are required to seek clean
closure, the Closure Plan must address clean closure, but
may also need a contingent closure plan referenced in
Permit Condition VI.F.2.]
VI - 5
-------
September 1988
VI.F.2 If after closure, the Permittee finds that not all
contaminated soils can be practically removed or
decontaminated in accordance with the Closure Plan, then
the Permittee shall close the waste pile and perform post-
closure care following the procedures in the contingency
portion of the Closure Plan and the contingent Post-
Closure Plan, Permit Attachments II-9 and 11-11 and in the
Post-Closure Permit Module (Module XIII). [40 CFR
264.258(b) and (c)]
[Note: A contingency portion in the Closure Plan and a
contingent Post-Closure Plan are required at the time a
permit is issued for waste piles that do not comply with
the liner requirements and are not exempt from them.]
VI.G. GROUND WATER. SURFACE WATER. AND SUBSURFACE SOIL MONITORING
EXEMPTIONS
[Note: The Permit Writer should include Permit Condition VI.G.I. if
the waste pile is inside or under a structure that provides
protection from precipitation so that neither run-off nor leachate
is generated.]
VI.G.I. The Permittee is not subject to the design and operating
requirements for waste piles listed in 40 CFR 264.251 or
the ground water protection standards listed in 40 CFR
Subpart F, provided that the following conditions are met:
[40 CFR 264.250(c)]
a. The Permittee shall design, construct, and operate
the waste pile in accordance with the design plans,
specifications, and operating practices contained in
Permit Attachment VI-7:
b. The Permittee shall not place liquids or materials
containing free liquids in the waste pile;
c. The Permittee shall protect the waste pile from
surface water run-on by the structure or in some
other manner;
d. The Permittee shall control dispersal of the waste by
wind, by means other than wetting; and
e. The Permittee shall ensure the pile will not generate
leachate through decomposition or other reactions.
[Note: The Permit Writer should include Permit Condition VI.G.2. if
the Permittee qualifies under 40 CFR 264.251(b) for exemption to the
VI - 6
-------
September 1988
minimum technological requirements for a liner, and leachate
collection and removal system required under 40 CFR 264.251(a).]
VI.G.2. The Permittee shall [construct and] operate the waste pile
as specified in Permit Attachment VI-8 so as to prevent
the migration of any hazardous constituents into the
ground water or surface water, at least as effectively as
the liner and leachate collection systems would, as
described in 40 CFR 264.251(a). [40 CFR 264.251(b)].
VI.H. SPECIAL WASTE PILE PROVISIONS FOR IGNITABLE OR REACTIVE WASTE
[Note: The Permit Writer should include this condition if the Permittee
places ignitable or reactive wastes in the waste pile.]
The Permittee shall not place ignitable or reactive waste in the waste
pile unless the procedures specified in Permit Attachment VI-9 are
followed.
[Note: The Permit Writer should ensure that Permit Attachment VI-9
clearly documents how the Permittee will comply with the requirements of
40 CFR 264.198(a). Per 40 CFR 264.198(a), the Permittee shall not place
ignitable or reactive waste in a waste pile, unless the waste is treated,
rendered, or mixed before or immediately after placement in the waste
pile system so that: (a) the resulting waste, mixture, or dissolved
material no longer meets the definition of ignitable or reactive waste in
40 CFR 261.21 or 261.23 and the precautions in 40 CFR 264.17(b) (the
General Requirements for Ignitable and Reactive Wastes) are complied with
or (b) the waste is managed in such a way that it is protected from any
material or conditions which may cause it to ignite or react.]
VI.I. SPECIAL WASTE PILE PROVISIONS FOR INCOMPATIBLE WASTES
[Note: The Permit Writer should include this condition if the Permittee
places incompatible wastes in waste piles.]
VI.1.1. The Permittee shall not place incompatible wastes, or
incompatible wastes and materials in the same waste pile,
unless the procedures described in Permit Attachment VI-10
are followed. [40 CFR 264.257(a)].
[Note: The Permit Writer should ensure that Permit
Attachment VI-10 clearly demonstrates how the Permittee
will comply with the requirements of 40 CFR 264.17(b)]
VI.I.2. The Permittee shall separate a pile of hazardous waste
from any incompatible hazardous waste or other materials
stored nearby in containers, other waste piles, open
tanks, or surface impoundments, or protect the pile from
VI - 7
-------
September 1988
the waste or materials by a dike, berm, wall, or other
device. [40 CFR 264.257(b)]
VI.I.3. The Permittee shall not place hazardous wastes on the same
base where incompatible wastes or materials were
previously piled, unless the base has been decontaminated
sufficiently to ensure compliance with 40 CFR 264.17(b).
VI.J. SPECIAL WASTE FILE PROVISIONS FOR HAZARDOUS WASTES F020. F021.
F022. F023. F026. AND F027 [HSWA]
[Note: The Permit Writer should include this condition if the Permittee
stores or treats, any of the "F" wastes on the waste pile.]
The Permittee may place hazardous wastes [specify which of the following]
F020, F021, F022, F023, F026, or F027 in the waste pile in accordance
with the waste management plan contained in Permit Attachment VI-11.
[Note: The Regional Administration must approve the waste management
plan developed under 40 CFR 264.259. In evaluating a proposed waste
management plan, the following factors must be considered:
1. Volume of the wastes;
2. Chemical and physical characteristics of the wastes, including
their potential to migrate through soil or to volatilize or
escape into the atmosphere;
3. Attenuative properties of underlying and surrounding soils or
other materials;
4. Mobilizing properties of other materials co-disposed with these
wastes; and
5. Effectiveness of additional treatment, design, or monitoring
techniques.
In evaluating the proposed plan, the Regional Administrator may determine
that additional design, operating, and monitoring requirements are
necessary in order to reduce the possibility of migration of these wastes
to ground water, surface water, or air to protect human health and the
environment.]
VI.K SPECIAL WASTE PILE PROVISIONS FOR HAZARDOUS WASTES RESTRICTED
FROM WASTE PILE UNITS [HSWA]
[Note: The Permittee may continue to place restricted hazardous waste,
as defined in 40 CFR Part 268, in a waste pile beyond the prohibition
date if the Permittee has been granted an extension to the date [40 CFR
268.1(c)(l)] or the Permittee has been granted an exemption from the
prohibition [40 CFR 268.l(c)(2)], or the waste is contaminated soil or
VI - 8
€
-------
September 1988
debris resulting from a response action taken under CERCLA Sections 104
or 106 or a corrective action taken under RCRA [40 CFR 268.l(c)(3)].
(These wastes may be disposed only until November 8, 1988). The Permit
Writer should include this section in the Permit if one or more of these
situations occur. The Permit Writer should document the basis for
granting all exceptions to the land disposal restrictions in the
Administrative Record for this Permit.]
VI.K.I. The Permittee may place the following restricted hazardous
waste(s) in the waste pile subject to the terras of this
permit and as described below:
Waste Pile Hazardous Description of Type of Expiration
Designation Waste No. Hazardous Waste Approval Date—
[Example:
Degreasing Area F001 Tetrachloro- Exemption August 31,
ethylene 1998]
[Note: The Permit Writer should include Permit Conditions VI.K.2 -
VI.K.4. in situations where case-by-case extensions to the
prohibition date have been granted under 40 CFR 268.5.]
VI.K.2. All restricted waste placed in the waste pile must be
generated at the facility covered by this RCRA permit,
unless the restricted waste is from another generating
facility that is covered by an EPA- or State-approved
application for a restricted waste capacity extension that
specifically allows placement into the Permittee's waste
pile. [40 CFR 268.5(d)]
VI.K.3. The Permittee shall immediately notify the Regional
Administrator as soon as he has knowledge of any change in
the conditions certified in his approved application for
the case-by-case capacity extension, dated . [40
CFR 268.5(f>]
VI.K.4. The Permittee shall submit written progress reports
regarding the approved case-by-case capacity extension
that: (a) describe the overall progress made toward
constructing or otherwise providing alternative treatment,
recovery or disposal capacity; (b) identify any event
which may cause, or has caused, a delay in the development
of the capacity; and (c) summarize the steps taken to
Extensions may be granted for up to one year from the prohibition
date, plus one additional year with proper demonstration. [40 CFR
268.5(e)]
Exemptio'hs shall be no longer than the term of the RCRA permit for
the unit. [40 CFR 268.6(h)]
VI - 9
-------
September 1988
mitigate the delay. The progress reports must be
submitted in accordance with the schedule in Permit
Attachment VI-12. [40 CFR 268.5(g)]
[Note: Permit Conditions VI.K.5. and VI.K.6. only apply to new waste
piles, replacements of an existing waste pile, and each lateral
expansion of an existing waste pile.]
VI.K.5. The Permittee shall comply with all applicable
requirements of 40 CFR Subpart F to protect ground water
and all applicable requirements of 40 CFR 264.301(c), (d),
and (e).
VI,K.6. The Permittee shall comply with all applicable
requirements of 40 CFR Subpart F to protect ground water
and all applicable requirements of 40 CFR 264.221(c), (d),
and (e).
VI.K.7. The Permittee shall maintain records of notices and
certifications received from generators and waste
treatment facilities that restricted waste is accepted
from, and obtain copies of waste analysis data to
determine that the wastes are in compliance with the
applicable treatment standards in 40 CFR 268.41. [40 CFR
268.7(c)]
VI.L. COMPLIANCE SCHEDULE
[Note: The Permit Writer should include this section if the Permittee is
required to complete specific steps within a specific time period, beyond
those covered by other conditions of the Permit, as a criteria for
retaining this operating permit. Compliance schedules are generally used
in cases where requirements that are supposed to be met by the Permittee
before the permit Is issued are deferred for good cause until after
permit issuance. Appropriated compliance schedules included in the Part
B Permit Application should be attached to, or incorporated in, the
Permit. If the application does not include a compliance schedule, the
Permit Writer should prepare one and attach it to the Permit. Each
compliance schedule should have at least two columns - one identifying
the activity, and one identifying the milestone or completion dates. The
following is an example of a condition that may apply for a waste pile.]
The Permittee shall provide the following information to the Regional
Administrator:
VI - 10
-------
September 1988
Date Due to the Regional Administrator
[Example:
1. Operation and December 31, 1988]
Maintenance
Procedures for the
Run-Off Management
System
VI - 11
-------
September 1988
PERMIT ATTACHMENTS REFERENCED IN MODULE VI - WASTE PILES
This list is provided to assist the Permit Writer in checking that all
Permit Attachments referenced in this module are attached to the Permit.
The purpose of the numbering scheme used here is to facilitate cross-
walking with the model permit conditions. The Permit Writer may select
other numbering schemes, as appropriate, when preparing actual permits.
Permit Attachment No. Plan or Document
(from the Part B Permit Application)
II-3 Facility Inspection Schedule
II-9 Facility Closure Plan
11-11 Facility Post-Closure Plan
VI-1 Design Plans and Specifications for
Installing a Liner
VI-2 Design Plans and Specifications, and
Operating Practices for Installing and
Operating a Leachate Collection System
VI-3 Design Plans and Specifications, and
Operating Practices for Installing and
Operating a Run-On Control System
VI-4 Design Plans and Specifications, and
Operating Practices for Installing and
Operating a Run-Off Management System
VI-5 Design Plans and Specifications, and
Operating Practices for Managing Run-On and
Run-Off
VI-6 Procedures for Controlling Wind Dispersal
VI-7 Design Plans, Specifications and Operating
Practices for a Waste Pile Inside or Under
a Structure
VI-8 Design Plans, Specifications and Operating
Practices for Exemptions to 40 CFR
264.251(a).
VI-9 Ignitable and Reactive Waste Management
Plan
VI-10 Incompatible Waste Management Plan
VI - 12
€
-------
September 1988
Permit Attachment No. Plan or Document
(from the Part B Permit Application)
VI-11 Special "F" Waste Management Plan
VI-12 Schedule for Submitting Progress Reports on
Developing Alternatives for Handling
"Banned" Waste(s)
VI - 13
-------
September 1988
MODULE VII(A) - LAND TREATMENT OPERATIONS
[Note: This permit module should be included for land treatment
operations only after the Permittee has successfully demonstrated that
hazardous constituents in the waste can be completely degraded,
transformed, or immobilized according to the conditions in Permit Module
VII(B) - Land Treatment Demonstrations.]
[Note: In general, a single permit module should be used if multiple
land treatment units will be covered by the same Permit for a given
facility. However, it is acceptable to include multiple land treatment
modules if, in the Permit Writer's judgment, the characteristics and
permit conditions for each unit are sufficiently different to warrant
multiple modules.]
[Note: Waste analysis requirements (40 CFR 264.13) and closure
requirements (40 CFR 264.280) for land treatment normally are contained
as attachments to the Waste Analysis Plan and the Closure Plan.
Post-Closure requirements (40 CFR 264.280) normally are contained in the
Post-Closure Permit Module (Module XIII). The Post-Closure Care Plan is
attached to Permit Module II which covers general facility conditions.]
[Note: The Permit Writer should refer to the RGRA Permit Quality
Protocol for additional guidance in developing or reviewing permit
conditions. See discussion of the RCRA Permit Quality Protocol in the
Introduction to this Model Permit.]
VII(A).A. MODULE HIGHLIGHTS
[The Permit Writer should include a general discussion of the activities
covered by this module. The discussion should contain the following
information: description of each land treatment unit (including
dimensions, location, run-on control system, and run-off management
system); wind control devices (i.e., tillage or aeration system);
description of wastes that may be handled; specify any food-chain crops
that may be grown; any unique or special features associated with the
activity; and a. reference to any special permit conditions.]
VII(A).B. PERMITTED AND PROHIBITED WASTE IDENTIFICATION
The Permittee may treat hazardous wastes under the following conditions:
VII(A).B.I. The Permittee may treat the following wastes in the
land treatment program, subject to the terms of this
permit and as described below: [40 CFR
264.271(a)(l); 264.271(b); and 264.273(a)(1)]
VII(A) - 1
-------
September 1988
Significant
Description of Hazardous Hazardous Constituents Waste
Hazardous Waste Waste No. [from Appendix VIII1 Application Rate
[Example:
Tank Bottoms K052 Tetraethyl Lead, bbls/acre/
Benzene, Toluene application]
[Note: Under "Description of Hazardous Waste," the Permit Writer should
provide only a brief generic description, not comprehensive
characteristics.]
VII(A).B.2. The Permittee is prohibited from treating wastes that
are not identified in Permit Condition VII(A).B.I.
[Note: The Permit Writer may also include here a list of specific wastes
or materials that are prohibited.]
VII(A).C. TREATMENT PROGRAM
The Permittee may implement a land treatment program that is designed to
ensure that hazardous constituents placed in or on the treatment zone are
degraded, transformed or immobilized within the treatment zone according
to Permit Attachment VIICA)-!. [40 CFR 264.271(a)]
[Note: The treatment program must include the following elements:
1. Specification of wastes that are capable of being treated at
the unit based on a land treatment demonstration.
2. List of hazardous constituents that are expected to be in, or
derived from, the wastes to be land treated based on waste
analysis.
3. Description of the theory behind the type of treatment (e.g.,
biodegradation) and the expected by-products.
4. Unsaturated zone monitoring provisions meeting the requirements
of 40 CFR 264.278.
5. Vertical and horizontal dimensions of the treatment zone. The
maximum depth of the treatment zone must not be more than five
feet from the initial soil surface and more than three feet
above the seasonal high water table.
6. Description of the barrier between the initial soil surface and
the seasonal high water table.]
VII(A) - 2
-------
September 1988
VII(A).D. DESIGN. CONSTRUCTION. AND OPERATING REQUIREMENTS
The Permittee shall design and operate the land treatment system
according to the following requirements:
VII(A).D.l. The Permittee shall [design, construct] operate, and
maintain the treatment unit according to the plans
and specifications contained in Permit Attachment
VII(A)-2. [40 CFR 264.273(a)]
[Note: The Permit Writer should briefly specify the
rate and method of waste application to the treatment
zone, method of introducing oxygen, measures to
control soil pH, measures to enhance microbial or
chemical reactions, and measures to control moisture
and nutrient content.]
VII(A).D.2. The Permittee shall [design, construct] operate, and
maintain the treatment zone to minimize run-off of
hazardous constituents during the active life of the
land treatment unit, according to the plans and
specifications contained in Permit Attachment
VII(A)-3. [40 CFR 264.273(b)]
VII(A).D.3. The Permittee shall [design, construct] operate, and
maintain the run-on control system, according to the
plans and specifications contained in Permit
Attachment VII(A)-4. [40 CFR 264.273(c)]
[Note: The plans and specifications contained in
Permit Attachment VII(A)-4 must demonstrate that the
run-on control system is capable of preventing flow
onto the treatment zone during peak discharge from at
least a 24-hour, 25-year storm.]
VII(A).D.4, The Permittee shall [design, construct] operate, and
maintain a run-off management system, according to
the plans and specifications contained in Permit
Attachment VII(A)-5. [40 CFR 264.273(d)]
[Note: The plans and specifications contained in
Permit Attachment VII(A)-5 must demonstrate how the
run-off management system will collect and control at
least the water volume resulting from a 24-hour,
25-year storm.]
VII(A).D.5. The Permittee shall manage the run-on and run-off
collection and holding facilities to maintain the
design capacity of the systems, according to the
VII(A) - 3
-------
September 1988
design plans and operating practices specified in
Permit Attachment VII(A)-6. [40 CFR 264.273(e)]
VII(A).D.6. The Permittee shall manage the treatment zone to
control wind dispersal of particulate matter,
according to the methods specified in Permit
Attachment VII(A)-7. [40 CFR 264.273(f)]
[Note: Include Permit Condition VII(A).D.6. if the
treatment zone contains particulate matter that is
potentially subject to wind dispersal. If Permit
Condition VII(A).D.6. does not apply, tbe Permit
Writer should include a condition which prohibits
placement of dispersible particulate matter in the
treatment zone.]
VII(A).E. UNSATURATED ZONE SAMPLING AND MONITORING
The Permittee shall establish an unsaturated zone monitoring program that
meets the following conditions:
VII(A).E.l. The Permittee shall monitor the soil and soil-pore
liquid to determine if any of the hazardous
constituents specified in Permit Condition
VII(A).B.I. migrate out of the treatment zone. [40
CFR 264.278(a)]
[Note: The Permit Writer may require monitoring for
principal hazardous constituents (PHCs) in lieu of
the constituents specified in Permit Condition
VII(A).B.I. PHCs are hazardous constituents,
contained in the wastes to be applied at the unit,
that are the most difficult to treat, considering the
combined effects of degradation, transformation, and
immobilization. The Permit Writer can establish PHCs
if, based on waste analyses, treatment
demonstrations, or other data, that effective
degradation, transformation, or immobilization of the
PHCs will assure treatment to at least equivalent
levels for the other hazardous constituents in the
wastes. The PHCs should be specified in Permit
Condition VII(A).E.l.]
VII(A).E.2. The Permittee shall [design, install] operate, and
maintain an unsaturated zone monitoring system,
according to the plans and specifications contained
in Permit Attachment VII(A)-8. [40 CFR 264.278(b)]
VII(A) - 4
-------
September 1988
[Note: These plans and specifications should include
sampling locations, points and depths, and procedures
for selecting sampling locations and sampling
equipment.]
VII(A).E.3. The Permittee shall [specify or establish] a
background value for each hazardous constituent
(identified in Permit Condition VII(A).E.I.) to be
monitored. [40 CFR 264.278(c)]
[Note: The Permit Writer should specify the
background values for each constituent or the
procedures to be used to calculate the background
values according to 40 CFR 264.278(c).]
VII(A).E,4. The Permittee shall conduct soil monitoring and
soil-pore liquid monitoring immediately below the
treatment zone, according to the procedures contained
in Permit Attachment VII(A)-9. [40 CFR 264.278(d)]
[Note: The Permit Writer should specify the
frequency and timing of soil-pore liquid monitoring
after considering the frequency, timing, and rate of
waste application and precipitation events and the
soils permeability.)
VII(A).E,5. The Permittee shall follow the sampling and analysis
procedures, according to the plans and procedures
contained in Permit Attachment VII(A)-10. [40 CFR
264.278(e)]
[Note: As a minimum, Permit Attachment VII(A)-10
should specify procedures and techniques for sample
collection, sample preservation and shipment,
analytical procedures, and chain-of-custody control.]
VII(A).E.6. The Permittee shall determine whether there is a
statistically significant change over background
values for any hazardous constituent monitored under
Permit Condition VII(A).E.I. each time the monitoring
required by Permit Condition VII(A).E.4. is
conducted. [40 CFR 264.278(f)] This determination
shall be made using the statistical procedures
contained in Permit Attachment VII(A)-11. [40 CFR
264.278(f)(l) and (3)] The Permittee shall make this
determination within days after completion of
sampling. [40 CFR 264.278(f)(2)]
VII(A) - 5
-------
September 1988
[Note: The Permit Writer should specify the time
period for making the determination in accordance
with 40 CFR 264.278(f)(2). The Permit Writer should
consider the complexity of the statistical test and
the availability of laboratory facilities to conduct
the analyses of soil and soil-pore liquid samples.]
VII(A).E.7. If the Permittee determines, pursuant to Permit
Condition VII(A).E.6., that there is a statistically
significant increase of hazardous constituents below
the treatment zone, he shall notify the Regional
Administrator of this finding in writing within seven
days, indicating which constituents have shown
statistically significant increases, and apply for a
permit modification within 90 days to modify the
operating practices at the facility to maximize the
success of degradation, transformation, or
immobilization processes in the treatment zone. [40
CFR 264.278(g)]
VII(A).E.8. The Permittee need not submit the permit modification
required by Permit Condition VII(A).E.7., if he
successfully demonstrates in writing to the Regional
Administrator within 90 days, that a source other
than the regulated unit caused the increase or that
the increase resulted from an error in sampling,
analysis or evaluation. The Permittee shall apply
for & permit modification within 90 days to modify
the unsaturated zone monitoring program at the
facility. [40 CFR 264.278(h)]
VII(A).F. INSPECTION SCHEDULES AND PROCEDURES
The Permittee shall inspect the land treatment unit weekly, after storms,
and in accordance with the inspection schedule in Permit Attachment II-3
to detect evidence of: [40 CFR 264.273(g)]
VII(A).F.l. Deterioration, malfunctions, or improper operation of
the run-on and run-off control system.
VII(A).F.2. Improper functioning of wind dispersal control
measures [if applicable].
VII(A).G. RECQRDKEEPING AND REPORTING
The Permittee shall include hazardous waste application dates and rates
in the operating record. [40 CFR 264.279].
VII(A) - 6
-------
September 1988
VII(A).H. CLOSURE AND POST-CLOSURE CARE
VII(A).H.I. The Permittee shall close-the land treatment unit,
according to the procedures in the Closure Plan,
Permit Attachment II-9. and shall perform the
following as part of the closure: [40 CFR 264.280]
VII(A).H.I.a.
VII(A).H.l.b.
VII(A).H.l.d.
VI1(A).H.l.e.
VII(A).H.l.f.
The Permittee shall continue all operations
(including pH control) that are necessary to
maximize degradation, transformation, or
immobilization of hazardous constituents within
the treatment zone, in accordance with Permit
Conditions VII(A).D.I. and VII(A).D.2., except
to the extent such measures are inconsistent
with Permit Condition VII(A).H.I.g., during the
closure period.
The Permittee shall continue all operations in
the treatment zone to minimize run-off of
hazardous constituents, in accordance with
Permit Condition VII(A).D.3., during the closure
period.
The Permittee shall maintain the run-on control
system, in accordance with Permit Condition
VII(A).D.4., during the closure period.
The Permittee shall maintain the run-off
management system, in accordance with Permit
Condition VII(A)D.5., during the closure period.
The Permittee shall control wind dispersal of
particulate matter, in accordance with Permit
Condition VII(A).D.7., during the closure
period.
[Note: The Permit Writer should include Permit
Condition VII(A).H.l.e. only if the treatment
zone contains particulate matter that is
potentially subject to wind dispersal.]
The Permittee shall continue to comply with any
prohibition or condition concerning growth of
food-chain crops, in accordance with Permit
Condition VII(A).I., during the closure period.
The Permittee shall continue unsaturated zone
monitoring, in accordance with Permit Condition
VII(A).E., except that soil-pore liquid
VII(A) - 7
-------
September 1988
monitoring may be terminated 90 days after the
last application of waste to the treatment zone,
during the closure period.
VII(A).H.1.h. The Permittee shall establish a vegetative cover
on the portion of the unit being closed, at such
time that the cover will not substantially
impede degradation, transformation, or
immobilization of hazardous constituents in the
treatment zone.
[Note: The vegetative cover must be capable of
maintaining growth without extensive
maintenance.]
VII(A).H.2. When closure is completed, the Permittee should
submit to the Agency a certification by an
independent, qualified soil scientist that the unit
has been closed in accordance with the specifications
in the approved closure plan.
VII(A).H.3. After final closure, the Permittee shall follow the
plans and procedures in the approved Post-Closure
Plan contained in Permit Attachment 11-11 and the
Post-Closure Permit Module (Module XIII). [40 CFR
264.280]
VII(A).I. SPECIAL REQUIREMENTS FOR FOOD-CHAIN CROP PROTECTION
[Note: The Permit Writer should include Permit Condition VII(A).I.I. if
the Permittee has successfully demonstrated that there is no substantial
risk to human health from the growth of food-chain crops in or on the
treatment zone, in compliance with 40 CFR 264.276(a). If this condition
does not apply, the Permit Writer should add a condition to Permit
Condition VII(A).D. prohibiting the growth of food-chain crops.]
VII(A).I.l. The Permittee shall grow [the Permit Writer should
specify the food-chain crops that may be grown in or
on the treatment zone], according to the plans and
procedures specified in Permit Attachment VIKA) -12.
[40 CFR 264.276(a)]
[Note: Permit Attachment VII(A)-12 must demonstrate
how the Permittee shall comply with 40 CFR
264.276(a). It should include the following:
(a) Characteristics of the food-chain crop for which
the demonstration will be made.
VII(A) - 8
-------
September 1988
(b) Characteristics of the waste, treatment zone,
and waste application method and rate to be used
in the demonstration.
(c) Procedures for crop growth, sample collection,
sample analysis, and data evaluation.
(d) Establish a maximum concentration of hazardous
constituents to be found in the crop.
(e) Characteristics of the comparison crop including
the location and conditions under which it was
or will be grown.]
[Note: The Permit Writer should include Permit
Condition VII(A).I.2. if cadmium is contained in the
wastes placed in the treatment zone.]
VII(A).I.2. The Permittee shall not grow food-chain crops in the
treatment zone (where waste containing cadmium is
present), unless all of the conditions of 40 CFR
264.276(b) are met.
VII(A).J. SPECIAL LAND TREATMENT PROVISIONS FOR IGNITABLE OR REACTIVE
WASTES
[Note: The Permit Writer should include this condition if a land
treatment unit receives ignitable or reactive wastes.]
The Permittee shall not place ignitable or reactive waste in the land
treatment unit, unless the procedures specified in Permit Attachment
VII(A)-13 are followed. [40 CFR 264.281]
[Note: The Permit Writer should ensure that Permit Attachment VII(A)-13
clearly documents how the Permittee will comply with the requirements of
40 CFR 264.281. Perm 40 CFR 264.281(a), the Permittee shall not place
ignitable or reactive waste in the treatment zone, 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 of
ignitable or reactive waste in 40 CFR 261.21 or 261.23 (The General
Requirements for Ignitable and Reactive Wastes) and the precautions in 40
CFR 264.17(b) are complied with or (2) the waste is managed in such a way
that it is protected from any materials or conditions which may cause it
to ignite or react.]
VII(A).K. SPECIAL LAND TREATMENT PROVISIONS FOR INCOMPATIBLE WASTES
[Note: The Permit Writer should include this condition if a land
treatment unit stores incompatible wastes.]
VII(A) - 9
-------
September 1988
The Permittee shall not place incompatible wastes, or incompatible wastes
and materials, in or on the same treatment zone, unless the procedures
specified in Permit Attachment VII(A)-14 are followed. [40 CFR
264.17(b)]
[Note: The Permit Writer should ensure that Permit Attachment VII(A)-15
clearly specifies how the Permittee shall comply demonstrate how the
Permittee will comply with the requirements of 40 CFR 264.17(b).]
VII(A).L. SPECIAL LAND TREATMENT PROVISIONS FOR HAZARDOUS WASTES F020.
F021. F022. F023. F026 and F027 [HSWA]
[Note: The Permit Writer should include this section if the land
treatment unit manages any of the special "F" wastes.]
The Permittee may place hazardous wastes [specify which of the following]
F020, F021, F022, F023, F026, or F027 in a land treatment unit in
accordance with the waste management plan contained in Permit Attachment
VII(A)-16. [40 CFR 264.283]
[Note: The Agency must approve the waste management plan developed under
40 CFR 264.283. In evaluating a proposed waste management plan, the
following factors must be considered:
1. Volume and application rate of the waste;
2. Chemical and physical characteristics of the wastes, including
their potential to migrate through soil or to volatilize or
escape into the atmosphere;
3. Attenuation properties of underlying and surrounding soils or
other materials;
4. Mobilizing properties of other materials co-disposed with these
wastes; and
5. Effectiveness of additional treatment, design, or monitoring
techniques.
In evaluating the proposed plan, the Regional Administrator may determine
that additional design, operating, and monitoring requirements are
necessary in order to reduce the possibility of migration of these wastes
to ground water, surface water, or air to protect human health and the
environment.]
VII(A) - 10
-------
September 1988
Item Date Due to the Regional Administrator
[Example:
1. Soil Monitoring and June 25, 1989
Soil-Pore Liquid Monitoring
Procedures
2. Sampling and Analysis July 30, 1989
Procedures
3. Documentation of background September 30, 1989]
values for each constituent
VII(A) - 13
-------
PERMIT ATTACHMENTS REFERENCED IN MODULE VII(Al
OPERATIONS
September 1988
- LAND TREATMENT
This list is provided to assist the Permit Writer in checking that all
Permit Attachments referenced in this module are attached to the Permit.
The purpose of the numbering scheme used here is to facilitate cross-
walking with the model permit conditions. The Permit Writer may select
other numbering schemes, as appropriate, when preparing actual permits.
Permit Attachment No.
II-3
II-9
11-11
VII(A)-2
VII (A) -3
VII(A)-4
VII (A) -5
VII (A) -6
VII(A)-7
VII (A) -8
VII(A)-9
Plan or Document
(from the Part B Permit Application)
Facility Inspection Schedule
Facility Closure Plan
Post-Closure Care Plan
Land Treatment Program
Design Plans and
Spec ifications
Treatment Zone Run-Off
Control Plans and
Specifications
Run-On Control System
Plans and Specifications
Run-Off Management System
Plans and Specifications
Run-On And Run-Off
Collection and Holding
Facilities Design Plans
and Operating Practices
Wind Dispersal Control
Program
Unsaturated Zone
Monitoring System
Soil Monitoring and
Soil-Pore Liquid
Monitoring Procedures
VII(A) - 14
-------
Permit Attachment No.
VII (A) -10
September 1988
Plan or Document
(from the Part B Permit Application)
Sampling and Analysis
Procedures
Statistical Procedures
VII (A) -12
Food-Chain Crops
Plans and Procedures
Ignitable or Reactive Waste
Plans and Procedures
VII (A) -14
Incompatible Waste Management
Plan
Special "F" Waste Management
Plan
Schedule for Submitting Progress
Reports on Developing Alternatives
for Handling "Banned" Waste(s)
VII(A) - 15
-------
September 1988
MODULE VII(B) - LAND TREATMENT DEMONSTRATIONS
[Note: Before waste can be applied to a land treatment zone, the
Permittee must demonstrate that hazardous constituents in the waste can
be completely degraded, transformed, or immobilized. If the Permittee
intends to conduct field tests or laboratory analyses to make this
demonstration, the Permittee must obtain a treatment or disposal permit
under 40 CFR 270.63. This module covers the necessary permit conditions
for a demonstration under 40 CFR 270.63(a) and (b). When a land
treatment demonstration program has been successfully completed, the
Permit Writer should use Permit Module VII(A) to provide for compliance
with all of the requirements of 40 CFR Part 264, Subpart M.]
[Note: In general, a single permit module should be used if multiple
land treatment demonstrations will be covered by the same permit for a
given facility. However, it is acceptable to include multiple land
treatment demonstration modules if, in the Permit Writer's judgment, the
treatment characteristics and permit conditions are sufficiently
different for each demonstration to warrant multiple modules.]
[Note: The Permit Writer should refer to the RCRA Permit Quality
Protocol for additional guidance in developing or reviewing permit
conditions. See discussion of the RCRA Permit Quality Protocol in the
Introduction to this Model Permit.]
VII(B).A. MODULE HIGHLIGHTS
[The Permit Writer should include a general discussion of the activities
covered by this module. The discussion should contain the following
information: description of wastes that may be handled and their
application rates; a description of the unit that will be simulated in
the demonstration including treatment zone characteristics, theory of
treatment, climatic conditions including range of optimal conditions
(i.e., percent of moisture, pH, and nutrient level), a description of
field tests, laboratory analyses, available data or operating data; any
special features associated with the operation; and a reference to any
special permit conditions.]
VII(B).B. PERMITTED AND PROHIBITED WASTE IDENTIFICATION
VII(B).B.I. The Permittee may treat hazardous wastes under the
following conditions: the Permittee may conduct a
land treatment demonstration for the wastes listed
below. Any field test or laboratory analysis
conducted in order to make this demonstration must be
likely to show that the following hazardous
VII(B) - 1
-------
September 1988
constituents will be completely degraded,
transformed, or immobilized in the treatment zone of
the existing or proposed land treatment unit: [40 CFR
264.272]
Description of Hazardous Data Type of Waste
Hazardous Waste Waste No. Source Test Application Rate
[Example:
Refinery DAF K048 a. Literature Field test bbls/acre/test]
sludge sources at the
b. Bench-scale facility
test report
[Note: Under "Description of Hazardous Waste," the Permit Writer should
provide only a brief generic description, not comprehensive
characteristics.]
VII(B).B.2. The Permittee is prohibited from treating wastes that
are not identified in Permit Condition VII(B).B.I.
VII(B).C. DURATION OF DEMONSTRATIONS
Field tests and laboratory analyses during land treatment demonstration
shall be completed by .
[Note: The Permit Writer should specify the completion date(s) for field
tests and laboratory analyses.]
VII(B).D. LAND TREATMENT DEMONSTRATION REQUIREMENTS
The Permittee shall conduct the demonstrations in accordance with the
plans and specifications contained in Permit Attachment VII(B)-1. [40 CFR
264.272]
[Note: The Permit Writer should specify the testing, analytical, design,
and operating requirements (including, in the case of field tests, the
horizontal and vertical dimensions of the treatment zone, waste
application rates, factors to be controlled (e.g., moisture, pH,
nutrients), monitoring parameters and procedures, closure, and clean-up
activities), in accordance with the requirements of 40 CFR 264.272(b).]
VII(B).E. DEMONSTRATION TESTS AND ANALYTICAL PROCEDURES
The Permittee shall conduct the demonstration using the testing,
analytical procedures, and data sources specified in Permit Attachment
VII(B)-2. [40 CFR 264.272(c)]
VII(B) - 2
-------
September 1988
[Note: The Permit Writer should specify testing and analytical
requirements [40 CFR 264.272(c)] that are necessary to conduct a
demonstration,]
VII(B).F. RECORDKEEPING AND REPORTING
VII(B).F.I. The Permittee shall enter all monitoring, testing,
and analytical data obtained, pursuant to Permit
Conditions VII(B).D. and VII(B).E., in the operating
record. [40 CFR 264.73]
VII(B).F.2. The Permittee shall report the results of the
demonstration program to the Regional Administrator
not later than days after completion of the
analyses.
[The Permit Writer should specify the time frame
required for submitting the demonstration report.]
VII(B).F.3. The Permittee shall submit a certification, signed by
a person authorized to sign a permit application or
report under 40 CFR 270.11, that the field tests and
laboratory analyses have been carried out in
accordance with the conditions specified in the
Permit for conducting such tests and analyses.
[Note: Include Permit Condition VII(B).F.3. if the
Permittee has been issued a two-phase permit and has
completed the treatment demonstration.]
VII(B) - 3
-------
September 1988 .
PERMIT ATTACHMENTS REFERENCED IN MODULE VII(B) - LAND TREATMENT
DEMONSTRATIONS
This list is provided to assist the Permit Writer in checking that all
Permit Attachments referenced in this module are attached to the Permit.
The purpose of the numbering scheme used here is to facilitate cross-
walking with the model permit conditions. The Permit Writer may select
other numbering schemes, as appropriate, when preparing actual Permits.
Permit Attachment No. Plan or Document
(from the Part B Permit Application)
VII(B)-1 Plans and Specifications for the
Land Treatment Demonstration
VII(B)-2 Testing, Analytical Procedures, and Data
Sources
VII(B) - 4
-------
September 1988
MODULE VIII - LANDFILLS
[Note: Include this permit module when the Permittee is disposing of
hazardous waste in landfills. Waste analysis requirements (40 CFR
264.13) and closure requirements (40 CFR 264.310) for landfills are
normally contained as attachments to the Permit in the Waste Analysis
Plan and Closure Plan. Post-closure requirements (40 CFR 264.310) for
landfills normally are contained in the Post-Closure permit module
(Module XIII). The Post-Closure Care Plan is incorporated in Module II
which covers general facility conditions.]
[Note: In general, a single permit module should be used if two or more
landfills will be covered by the same permit for a given facility.
However, it is acceptable to include two or more landfill modules if, in
the Permit Writer's judgment, tank system characteristics and permit
conditions are sufficiently different to warrant multiple tank system
modules.]
[Note: The Permit Writer should refer to the RCRA Permit Quality
Protocol for additional guidance in developing or reviewing permit
conditions. See discussion of the RCRA Permit Quality Protocol in the
Introduction to this Model Permit.]
VIII.A. MODULE HIGHLIGHTS
[The Permit Writer should include a general discussion of the activities
covered by this module. The discussion should contain the following:
general description (including dimensions and capacity [cubic yards]),
liner description (including type of material and thickness for each
liner), description of leachate collection and removal system,
description of type of wastes disposed; any unique or special features
associated with the activity, and a reference to any special permit
conditions.]
VIII.B. PERMITTED AND PROHIBITED WASTE IDENTIFICATION
The Permittee may dispose of specific hazardous wastes under the
following conditions:
VIII.B.I. The Permittee may dispose of the following hazardous
wastes in [specify landfills and/or landfill cells],
subject to the terms of this Permit:
VIII - 1
-------
September 1988
Landfill and/or Dimensions of
Landfill Cell [Specify Landfill Description of Hazardous
Designation Capacity and/or Landfill Celll Hazardous Waste Waste No.
[Example:
South Cells 2,200 yd3 20 ft x 60 ft x Dust from steel K061
1 and 2 50 ft deep furnace
Lead smelting K069]
dust
[Note: If the hazardous wastes disposed in the landfill are numerous,
the Permit Writer may provide a reference here to an attachment, and
attach to this permit module a list of these wastes. Under "Description
of Hazardous Waste," the Permit Writer should provide only a brief
general description, not comprehensive characteristics where a Hazardous
Waste Number is provided for reference.]
VIII.B.2. The Permittee is prohibited from disposing in landfills
any hazardous waste that is not included in Permit
Condition VIII.B.I.
[Note: The Permit Writer may also include here a list of specific wastes
or materials that are prohibited. ]
VIII.C. DESIGN AND OPERATING REQUIREMENTS
[Note: Permit Conditions VIII.C.I. -VIII.C.3., and VIII.C.5. -
VIII.C.8. apply to the following: a landfill that first received waste
on or after November 8, 1984, and continued to receive waste unitl May 8,
1985, each new landfill, each new landfill cell at an existing facility,
each replacement of an existing landfill cell, and each lateral expansion
of an existing landfill unit. A landfill that last received waste prior
to May 8, 1985 and is no longer active must be closed in accordance with
the requirements of 40 CFR 264.310 and is not subject to any of these
conditions.]
[Note: If a Permittee is granted an exemption from the double liner
requirements [40 CFR 264.301(c)] in accordance with 40 CFR 264.301(d),
then Permit Conditions VIII.C.3. - VIII.C.8. apply to the landfill. In
addition, the Permittee is exempt from Permit Condition VIII.C.I. and is
subject to the requirements of 40 CFR 264.301(d). This exemption must be
specified in the Permit. The Permit Writer should add a condition to the
Permit stating the following: "The Permittee is exempt from the double
liner requirement and is subject to the requirements of 40 CFR
264.301(d)."]
VIII - 2
-------
September 1988
[Note: If a Permittee has a monofill and is granted an exemption from
the double liner requirement [40 CFR 264.301(c)], in accordance with 40
CFR 264.301(e), then Permit Conditions VIII.C.4.- VIII.C.8. apply, to the
landfill.]
[Note: The Permit Writer's justification for granting any exemptions
from the double liner requirements should be included in the
Administrative Record for this Permit.]
The Permittee shall design and operate the landfill(s) under the
following conditions:
VIII.C.I. The Permittee shall install two [or more] liners and a
leachate collection and removal system (one above and one
between the liners) for each cell [or trench or area], in
accordance with the design plans and reports contained in
Permit Attachment VIII-1. [40 CFR 264.301(c)]
[Note: Detailed design drawings of each liner and the
leachate collection and removal system and engineering
reports contained in Permit Attachment VIII-1. must
demonstrate how the Permittee will meet all of the
requirements of 40 CFR 264.301(c).]
[Note: The Permit Writer should provide a brief
description of the liners (e.g., construction materials,
thickness, permeability) and leachate collection and
removal system (e.g., construction materials, thickness
and permeability of drainage layer). Example language is
as follows: The primary liner shall consist of 0.45-mil
HOPE liner that is seam-welded and a composite secondary
liner, located four feet below the primary liner,
consisting of a 0.4-mil HDPE liner and three feet of
compacted clay having a permeability not greater than 10
cm/sec. The leachate collection and removal system shall
consist of a drainage tile system embedded in a course
sand media of 1x10"^ cm/sec or greater permeability,
discharging to a sump with a level-controlled positive
displacement pump, discharging to Tank 002 for subsequent
testing and discharge to NPDES-regulated Outfall 002 or to
the leachate treatment system.]
VIII.C.2. Collected leachate must be managed in accordance with the
design plans and reports contained in Permit Attachment
VIII-2.
VIII - 3
-------
September 1988
[Note: In addition, the Permit Writer should specify in
the Permit how collected leachate will be managed. The
following conditions are offered as examples:
1. Collected leachate shall be collected in the leachate
storage tank, T-105, and subsequently transported off
site within 90 days to a permitted hazardous waste
management facility.
2. The Permittee shall obtain an NPDES permit by October
1, 1989 for the leachate discharged to the Wabash
River.]
[Note: Use Permit Condition VIII.C.3. if the Regional
Administrator finds that a landfill with alternative design and
operating practices, together with location characteristics,
will prevent the migration of any hazardous constituents into
the ground water or surface water at least as effectively as
the requirements of 40 CFR 264.301(c). The Permit Writer
should specify in the Permit all design and operating practices
and location characteristics that are necessary to ensure
compliance with 40 CFR 264.301(d). Refer to the detailed plans
and engineering and hydrogeologic reports of the alternative
design and operating practices contained in Permit Attachment
VIII-1.]
VIII.C.3. The Permittee shall locate, [construct,] operate, and
maintain the landfill as specified in Permit Attachment
VIII-l(a). so as to prevent the migration of any hazardous
constituents into the ground watr or surface water, at
least as effectively as the liners and leachate collection
and removal systems oulined in 40 CFR 264.301(c). [40 CFR
264.301(d)]
[Note: Use Permit Condition VIII.C.4. if the Agency
waives the double liner requirements for a monofill in
accordance with the 40 CFR 264.301(e). Permit Attachment
VIII-1 should contain detailed plans and engineering and
hydrogeologic reports of the alternative design and
operating requirements. The Permit Writer should specify
in the Permit any additional operating practices and
location characteristics that are necessary to ensure
compliance with 40 CFR 264.301(e). Note that conditions
imposed by the Regional Administrator override any
conflicting plans contained in the permit application.]
VIII.C.4. The Permittee shall design, construct, operate, and
maintain the monofill in accordance with the plans and
VIII - 4
-------
September 1988
reports contained in Permit Attachment VIII-1 (monofill
alternative). [40 CFR 264.301(e)]
VIII.C.5. The Permittee shall design, construct, operate, and
maintain a run-on control system in accordance with the
design plans, specifications, and operating practices
contained in Permit Attachment VIII-3. [40 CFR
264.301(f)j
VIII.C. 6. The Permittee shall design, construct, operate, and
maintain a run-off management system in accordance with
the design plans, specifications, and operating practices
contained in Permit Attachment VIII-4. [40 CFR
264.301(g)]
VIII.C.7. The Permittee shall empty or otherwise manage run-on and
run-off collection and holding facilities to maintain the
design capacity of the system(s) in accordance with the
design plans and operating practices specified in Permit
Attachment VIII-5. [40 CFR 264.301(h)]
[Note: The Plans and specifications contained in Permit
Attachment VIII-5 (or the Administrative Record) must
demonstrate that the run-on and run-off control system(s)
can collect and control at least the water volume
resulting from a 24-hour, 25-year storm.]
[Note: Use Permit Condition VIII.C.8. if the landfill
contains particulate matter that is subject to wind
dispersal. If Permit Condition VIII.C.8. does not apply,
the Permit Writer should add a condition to prohibit
placement of dispersable particulate matter in the
landfill.]
VIII.C.8. The Permittee shall cover or otherwise manage the landfill
to control wind dispersal of particulate matter, in
accordance with the methods specified in Permit Attachment
VIII-6. [40 CFR 264.301(i)]
VIII.D.
INSPECTION SCHEDULES AND PROCEDURES
[Note: The Permit Writer should include Permit Conditions VIII.D.I. -
VIII.D.3. for new or expanded landfills; otherwise only Permit Condition
VIII.D.3. is necessary.]
The Permittee shall inspect the landfill in accordance with the following
conditions:
VIII - 5
-------
September 1988
VIII.D.I. The Permittee shall inspect the liners and cover systems
during construction and installation for uniformity,
damage, and imperfections (e.g., holes, cracks, thin
spots, or foreign materials). [40 CFR 264.303(a)]
Vni.D.2. The Permittee shall inspect the landfill immediately after
construction or installation. [40 CFR 264.303(a)]
VIII.D.2.a. Synthetic liners and covers must be inspected to
ensure tight seams and joints and the absence of
tears, punctures, or blisters.
VIII.D.2.b. Soil-based and admixed liners and covers must be
inspected for imperfections including lenses,
cracks, channels, root holes, or other
structural nonuniformities that may cause an
increase in the permeability of the liner or
cover.
VIII.D.3. The Permittee shall inspect the landfill (including the
liner and leachate collection system) in accordance with
the inspection schedule, Permit Attachment II-3. [40 CFR
264.303(b)]
The landfill must be inspected weekly and after storms to
detect evidence of any of the following:
1. Deterioration, malfunctions, or improper operation of
run-on and run-off systems.
2. Proper functioning of wind dispersal control systems
[if applicable].
3. The presence of leachate in, and proper functioning
of, leachate collection and removal systems [if
applicable].
[Note: The Permit Writer should confirm that the Permittee has
addressed all major parameters in the proposed inspection schedule.
These parameters include monitoring well condition, cover, liner(s),
gas collection system, and leachate collection system components.]
VIII.E. CELL LOCATION SURVEYING
The Permittee shall maintain the following items in the operating record:
[40 CFR 264.73 and 40 CFR 264.309]
VIII - 6
-------
September 1988
1. A map with the exact location and dimensions (including depth)
of each cell with respect to permanently surveyed benchmarks.
2. The types of waste in each cell and the approximate location of
each hazardous waste type within each cell.
VIII.F. CLOSURE AND POST-CLOSURE CARE
The Permittee shall conduct closure and post-closure activities in
accordance with the following conditions:
VIII.F.I. At final closure of the landfill, or upon closure of any
cell, the Permittee shall follow the procedures in the
approved closure plan contained in Permit Attachment II-
9. [40 CFR 264.310(a)]
VIII.F.2. After final closure, the Permittee shall follow the plans
and procedures in the approved Post-Closure Care Plan in
Permit Attachment 11-11 and in the Post-Closure Permit
Module (Module XIII). [40 CFR 264.310(b)]
VIII.G. SPECIAL LANDFILL PROVISIONS FOR IGNITABLE OR REACTIVE WASTES
[Note: The Permit Writer should include this section if ignitable or
reactive wastes are disposed in the landfill.]
The Permittee shall manage ignitable or reactive wastes in accordance
with the following conditions:
VIII.G.I. The Permittee shall not place ignitable or reactive waste
in the landfill, unless the procedures specified in Permit
Attachment VIII-7 are followed. [40 CFR 264.312]
[Note: The Permit Writer should ensure that Permit
Attachment VIII-7 clearly documents how the Permittee will
comply with 40 CFR 264.312(a). In accordance with the
regulations, ignitable or reactive wastes can be placed in
a landfill if: (a) the waste is treated or mixed before
or immediately after placement in the landfill so that the
resulting waste, mixture, or dissolution of material no
longer meets the definition of ignitable or reactive waste
and (b) compliance with 40 CFR 264.17 (General
Requirements for Ignitable, Reactive, or Incompatible
Wastes) is attained.]
[Note: Ignitable wastes in containers may be landfilled
without meeting the requirements of Permti Condition
VIII - 7
-------
September 1988
VIII.G.I., if they are disposed in such a way that they
are protected from any material or conditions that may
cause them to ignite. Minimum requirements are listed in
40 CFR 264.312(b). Use Permit Condition VIII.G.2. if
ignitable wastes in containers will be disposed.]
VIII.G.2. Ignitable wastes in containers may be disposed of in the
landfill cells designated in Permti Condition VIII.B.I.
provided that the following conditions are met: [40 CFR
264.312(b)]
VIII.G.2.a Ignitable wastes must be disposed of in non-
leaking containers which have been inspected
just prior to being placed in the landfill.
VIII.G.2.b Containers must be handled and placed in the
landfill in a manner to avoid heat, sparks,
rupture, or other conditions that might cause
ignition of the wastes.
VIII.G.2.c Ignitable wastes must be covered daily with six
inches of soil or other non-combustible
material.
VIII.G.2.d Containers must not be placed in cells that
contain or will contain other wastes that may
generate heat sufficient to cause ignition of
the waste.
VIII.H. SPECIAL LANDFILL PROVISIONS FOR INCOMPATIBLE WASTES
[Note: The Permit Writer should include this condition if the landfill
receives incompatible wastes.]
The Permittee shall not place incompatible wastes, or incompatible wastes
and materials, in the same landfill cell, unless the procedures specified
in Permit Attachment VIII-8 are followed. [40 CFR 264.217(b)]
[Note: The Permit Writer should ensure that Permit Attachment VIII-8
clearly specifies how the Permittee shall comply with the requirements of
40 CFR 264.17(b) and (c).
VIII.I. SPECIAL LANDFILL PROVISIONS FOR HAZARDOUS WASTES F020. F021.
F022. F023. F026. and F027 [HSWA]
[Note: The Permit Writer should include this section if the landfill
receives any of the special "F" wastes.]
VIII -
-------
September 1988
The Permittee may place hazardous wastes [specify which of the following]
F020, F021, F022, F023, F026, or F027 in the landfill in accordance with
the waste management plan contained in Permit Attachment VIII-9.
[Note: The Regional Administrator must approve the waste management plan
developed under 40 CFR 264.317. In evaluating a proposed waste
management plan, the following factors must be considered:
1. Volume of the wastes;
2. Chemical and physical characteristics of the wastes, including
their potential to migrate through soil or to volatilize or
escape into the atmosphere;
3. Attenuation properties of underlying and surrounding soils or
other materials;
4. Mobilizing properties of other materials co-disposed with these
wastes; and
5. Effectiveness of additional treatment, design, or monitoring
techniques.
In evaluating the proposed plan, the Regional Administrator may determine
that additional design, operating, and monitoring requirements are
necessary in order to reduce the possibility of migration of these wastes
to ground water, surface water, or air to protect human health and the
environment.]
VIII.J. SPECIAL LANDFILL PROVISIONS FOR HAZARDOUS WASTES RESTRICTED
FROM LANDFILL UNITS [HSWA]
[Note: The Permittee may continue to place restricted hazardous waste,
as defined in 40 CFR Part 268, in a landfill beyond the prohibition date
if the Permittee has been granted an extension to the date [40 CFR
268.1(c)(l)] or the Permittee has been granted an exemption from the
prohibition [40 CFR 268.l(c)(2)], or the waste is contaminated soil or
debris resulting from a response action taken under CERCLA Sections 104
or 106 or a corrective action taken under RCRA [40 CFR 268.l(c)(3)]:
These wastes may be disposed only until November 8, 1988). The Permit
Writer should include this section in the Permit if one or more of these
situations occur. The Permit Writer should document the basis for
granting all exceptions to the land disposal restrictions in the
Administrative Record for this Permit.]
VIII.J.I. The Permittee may place the following restricted hazardous
waste(s) in a landfill subject to the terms of this permit
and as described below:
VIII - 9
-------
September 1988
Landfill and/or
Landfill Cell
[Example:
South Cell
Hazardous
Waste No.
F001
Description of
Hazardous Waste
Tetrachloro-
ethylene
Type of
Approval
Expiration
_Date-
Exemption
August 31,
1998]
[Note: The Permit Writer should include Permit Conditions VIII.J.2
- VIII.J.4. in situations where case-by-case extensions to the
prohibition date have been granted under 40 CFR 268.5.]
VIII.J.2. All restricted waste placed in the landfill must be
generated at the facility covered by this RCRA permit,
unless the restricted waste is from another generating
facility that is covered by an EPA- or State-approved
application for a restricted waste capacity extension that
specifically allows placement into the Permittee's
landfill. [40 CFR 268.5]
VIII.J.3. The Permittee shall immediately notify the Regional
Administrator as soon as he has knowledge of any change in
the conditions certified in his approved application for
the case-by-case capacity extension, dated . [40
CFR 268.5(f>]
VIII.J.4. The Permittee shall submit written progress reports
regarding the approved case-by-case capacity extension
that: (a) describe the overall progress made toward
constructing or otherwise providing alternative treatment,
recovery or disposal capacity; (b) identify any event
which may cause or has caused a delay in the development
of the capacity; and (c) summarize the steps taken to
mitigate the delay. The progress reports must be
submitted in accordance with the schedule in Permit
Attachment VIII-10. [40 CFR 268.5(g)]
[Note: Permit Conditions VIII.J.5. and VIII.J.6. only apply to new
landfill, replacements of an existing landfill, and each lateral
expansion of an existing landfill unit.]
Extensions may be granted for up to one year from the prohibition
date, plus one additional year with proper demonstration. [40 CFR
268.5(e)]
Exemptions shall be no longer than the term of the RCRA permit for
the unit. [40 CFR 268.6(h)]
VIII - 10
-------
September 1988
VIII.J.5. The Permittee shall comply with all applicable
requirements of 40 CFR Subpart F to protect ground water
and all applicable requirements of 40 CFR 264.301(c), (d)
and (e).
VIII. J. 6. The Permittee shall comply with all applicable
requirements of 40 CFR Subpart F to protect ground water
and all applicable requirements of 40 CFR 264.221(c), (d),
and (e).
VIII.J.7. The Permittee shall maintain records of notices and
certifications received from generators and waste
treatment facilities that restricted waste is accepted
from, and obtain copies of waste analysis data to
determine that the wastes are in compliance with the
applicable treatment standards in 40 CFR 268.41. [40 CFR
268.7(c)]
VIII.K. SPECIAL LANDFILL PROVISIONS FOR LIQUID WASTE
VIII.K.I. The Permittee shall not place bulk or non-containerized
liquid wastes or waste containing free liquids in a
landfill. [40 CFR 264.314(b)]
VIII.K.2. The Permittee shall demonstrate the absence of free
liquids in either a containerized or a bulk waste by the
following test: "Method 9095 (Paint Filter Liquids Test)"
as described in "Test Methods for Evaluating Solid Wastes,
Physical/Chemical Methods" (EPA Publication No. SW-846).
VIII.K.3. The Permittee shall not place containers holding free
liquid in the landfill unless: [40 CFR 264.314(d)]
VIII.K.3.a. All free-standing liquid: (i) has been removed by
decanting, or other methods; (ii) has been mixed with
absorbent or solidified so that free-standing liquid
is no longer observed; or (iii) has been otherwise
eliminated; or
VIII.K.3.b. The container is no larger than an ampule; or
VIII.K.3.c. The container is designed to hold free liquids for
use other than storage (e.g., batteries, capacitors);
or
VIII.K.3.d. The container is a lab pack as defined in 40 CFR
264.316 and is disposed of in accordance with Permit
Condition VIII.M.
VIII - 11
-------
September 1988
VIII.L. SPECIAL REDUCTION REQUIREMENTS FOR EMPTY CONTAINERS
The Permittee shall not dispose of any containers that are larger than
ampules in the landfill unless they are at least 90 percent full when
placed in the landfill or they are crushed, shredded, or similarly
reduced in volume to the maximum practical extent before placement in the
landfill. [40 CFR 264.315]
VIII.M. PROVISIONS FOR THE CONTAINERIZED LANDFILL DISPOSAL OF LAB PACKS
[Note: The Permit Writer should include this section if the landfill
disposes of small containers of hazardous waste in overpacked drums (lab
packs).]
The Permittee shall dispose of any small containers of hazardous waste in
overpacked drums (lab packs) in accordance with the detailed plans and
procedures contained in Permit Attachment VIII-11. [40 CFR 264.316]
VIII.N. COMPLIANCE SCHEDULE
[Note: The Permit Writer should include this condition if the Permittee
is required to complete specific steps within a specific time period,
beyond those covered by other conditions of the Permit, as a criteria for
retaining this operating Permit. Compliance schedules are generally used
in cases where requirements that are supposed to be met by the Permittee
before the Permit is issued are deferred for good cause until after
permit issuance. Appropriate compliance schedules included in the Part B
Permit Application should be attached to, or incorporated in, the
Permit. If the application does not include a compliance schedule, the
Permit Writer should prepare one and attach it to the Permit. Each
compliance schedule should have at least two columns - one identifying
the activity, and one identifying the milestone or completion dates. The
following is an example of a condition that may apply for a landfill.]
The Permittee shall provide the following information to the Regional
Administrator:
Item Date Due to the Regional Administrator
[Example:
1. Wind Dispersal Control March 10, 1989
System
2. Design Plans, June 15, 1989]
Specifications, and Operating
Practices for Run-Off
Management System
VIII - 12
-------
September 1988
PERMIT ATTACHMENTS REFERENCED IN MODULE VIII - LANDFILLS
This list is provided to assist the Permit Writer in checking that all
Permit Attachments referenced in this module are attached to the Permit.
The purpose of the numbering scheme used here is to facilitate cross-
walking with the model permit conditions. The Permit Writer may select
other numbering schemes, as appropriate, when preparing actual Permits.
Permit Attachment No.
11-3
II-9
11-11
VIII-1
VHI-l(a)
VIII-1 (monofill
alternative)
VIII-2
VIII-3
VIII-4
VIII-5
VIII-6
VI1I-7
Plan or Document
(from the Part B Permit Application)
Facility Inspection Plan
Closure Plan
Post-Closure Care Plan
Design Plans and Operating Practices for
Liners and Leachate Collection and Removal
Systems
Alternative Design Plans and Operating
Practices for Liners and Leachate
Collection and Removal Systems
Design Plans and Operating Practices
for a Monofill
Design Plans and Operating Practices for
the Leachate Collection, Removal, and
Management System
Design Plans and Operating Practices for
the Run-On Control System
Design Plans and Operating Practices for
the Run-Off Management System
Design Plans and Operating Practices for
the Run-On and Run-Off Collection and
Holding Facilities
Wind Disposal Control System
Ignitable and Reactive Waste Management
Plan
VIII - 13
-------
September 1988
4
Permit Attachment No.
VIII-8
VIII-9
VIII-10
VIII-11
Plan or Document
(from the Part B Permit Application)
Incompatible Waste Management Plan
Special "F" Waste Management Plan
Schedule for Submitting Progress Reports on
Developing Alternatives for Handling Land-
Banned Wastes
Plans and Procedures for the Disposal of
Small Containers (Lab Packs) of Hazardous
Waste
VIII - 14
-------
September 1988
MODULE IX(A) - INCINERATION
[Note: This module, plus Module IX(B) for Short-Term Incineration,
covers the four major phases of incineration operation: (1) shakedown;
(2) trial burn; (3) post-trial burn operation; and (4) final operation.
This module provides the conditions for final operation for both existing
and new incineration units. The Short-Term Incineration Module covers
the shakedown, trial burn, and post-trial burn operating phases for new
incineration units only. These phases of operation are discussed in 40
CFR 264.344(c).]
[Note: This module is not used for incineration units that qualify for
an automatic exemption under 40 CFR 264.340(b). These units must comply
only with the waste analysis and closure requirements. For units that
are granted an exemption under 40 CFR 264.340(c), parts of this module
may be appropriate to use on a case-by-case basis. The Permit Writer
should document the basis for granting exemptions in the Administrative
Record for this facility.]
[Note: For facilities with more than one incineration unit, a separate
permit module should be used for each unit.]
[Note: Waste analysis requirements (40 CFR 264.13) and closure
requirements (40 CFR 264.197) for incineration units are generally
contained as attachments to the Permit in the Waste Analysis Plan and
Closure Plan. The Waste Analysis Plan and Closure Plan must cover the
requirements of 40 CFR 264.341 and 40 CFR 264.351, respectively, in
accordance with 40 CFR 264.340(b).]
[Note: For new incinerators, some permit conditions will initially be
tentative and will need to be finalized after the trial burn results have
been evaluated. In this module, the conditions that may be subject to
change for new incinerators are marked with an asterisk (*). In crafting
actual permit conditions, the Permit Writer should mark tentative
conditions with an asterisk, or other designation, and include a note
such as the following..,*The number in this permit condition is tentative
and will be made final after the trial burn results have been evaluated.
In the case of maximums, EPA reserves the right to specify any number
less than this value as the shut-off limit. In the case of minimums, EPA
reserves the right to specify any value higher.]
[Note: The Permit Writer should refer to the RCRA Permit Quality
Protocol for additional guidance in developing or reviewing permit
conditions. See discussion of the RCRA Permit Quality Protocol in the
Introduction to this Model Permit.]
IX(A) - 1
-------
September 1988
IX(A).A. MODULE HIGHLIGHTS
[The Permit Writer should include a general discussion of the activities
covered by this module. The discussion may include some or all of the
following information: type of incineration system; types of air
pollution control equipment used; system capacity in terms of either heat
rate or mass flow rate; key operating conditions, such as combustion
temperature (and whether these conditions were based on trial burn
results, or data in lieu of a trial burn); a general description of the
automatic waste feed cut-off system; the types of waste that may be
burned; the principal organic hazardous constituents selected and the
rationale for this selection; any unique or special features associated
with the operation; and a reference to any special permit conditions.]
IX(A).B. IDENTIFICATION CRITERIA FOR PERMITTED AND PROHIBITED WASTE
[Note: There are two general options for identifying the allowable waste
feed to the incinerator, pursuant to 40 CFR 264.344(a). The first option
covers situations where it is not practical to name all the wastes that a
facility might be permitted to burn. This is a common situation for a
commercial off-site facility. In this case, the Permit Writer should
identify a set of criteria that establishes limitations on the general
physical and chemical characteristics of the waste feed to the
incinerator. The second option is most appropriate for incinerators that
are used to burn waste from specific processes, such as on-site
incinerators. Here, it is usually possible to identify the specific
wastes or classes of wastes that the Permittee shall be permitted to
burn. For example, a manufacturer of Freon might be permitted to burn
the chlorofluorocarbon POHC and other related wastes associated with the
production process. Examples of recommended language addressing these
two options are presented in Permit Conditions IX(A).B.l. and IX(A).B.2.J
Except during the periods specified in the conditions for Short-Term
Incineration under Shakedown Period, Trial Burn and Post-Trial Burn, the
Permittee may incinerate the following hazardous wastes, as specified in
this Permit and only under the terms of this Permit. The Permittee may
only feed the hazardous wastes as identified below [or in Permit
Attachment IX(A)-1. List of Wastes] at the facility subject to Permit
Conditions IX(A).C. through IX(A).F., and IX(A).H,
IX(A).B.l. [Option 1. - Off-Site Commercial Facility: Include
the following conditions for each waste stream.] The
Permittee shall incinerate only hazardous wastes
meeting the following criteria:
IX(A) - 2
-------
September 1988
o No hazardous constituents shall have a heat of
combustion less than that of
[POHC] ( BTU/lb).
[Note: Using the heat of combustion method of
incinerability ranking, the specified POHC
should be the facility's POHC with the lowest
heat of combustion. It should be noted that
other methods of incinerability ranking, such as
thermal stability at low oxygen are available.
(See preamble to proposed incineration
amendments, Summer 1988.) Use of another
ranking system in addition to, or instead of,
heat of combustion would require modification of
this model condition.]
o The ash content of the waste shall be no greater
than percent by weight.*
o The total halide content of the waste shall be
no greater than percent by weight.*
o The physical state of the waste feed shall be
. [specify solid or liquid]
o No waste, or combination of wastes, with a
heating value of less than BTU/lb [or
other appropriate unit of measure], shall be fed
to the secondary chamber of the incinerator [or
( in the case of a single chamber liquid
injection incinerator) to the incinerator]
unless fed in conjunction with auxiliary fuel.
o The viscosity of waste fed to the secondary
chamber [or incinerator, in the case of single
chamber liquid injection incinerator] burner
number shall not exceed cp.
IX(A).B.2. [Option 2 - On-Site Facility] The Permittee may
incinerate only the following hazardous wastes:
IX(A) - 3
-------
September 1988
Hazardous Waste No.
Description
Feed Rate
[Example:
D003, D004, D008
D001
Freezon 123b reactor
bottoms ("Tars")
Freezon 122b rich
liquid
(Specify rate of input
in appropriate units--
Ib/hr)
(Specify rate of input
in appropriate units--
Ib/hr)]
[Note: The Permit Writer may impose other limitations, such as those
under Option 1 above, on the waste feed, as necessary, to ensure
compliance with the performance standards of 40 CFR 264.343. All such
limitations, however, should be derived from the results of the trial
burn or from the data submitted in lieu of a trial burn, or for
conditions such as waste feed viscosity, from the burner manufacturer's
specifications.]
IX(A).B.3. Throughout operation, the Permittee shall conduct
sufficient analysis in accordance with the Waste
Analysis Plan, Permit Attachment 11 -1. to verify that
waste fed to the incinerator is within the physical
and chemical composition limits specified in this
Permit.
[Note: The Permit Writer may also include here a list of specific
wastes or materials that are prohibited.]
IX(A).C. CONSTRUCTION. INSTRUMENTATION. AND OPERATIONAL PERFORMANCE
REQUIREMENTS
[Note: Permit Condition IX(A).C.l. applies only to new facilities;
Permit Condition IX(A).C.2. applies only to existing facilities.]
IX(A).C.l. The Permittee shall construct and maintain the
incinerator in accordance with the design plans and
specifications contained in Permit Attachment IX(A)-
2. The Permittee shall not feed hazardous wastes to
the incinerator until Permit Condition I.E.12
(Certification of Construction or Modification) has
been complied with.
IX(A).C.2. The Permittee shall maintain the incinerator in
accordance with the design plans and specifications
contained in Permit Attachment IXCA)-2.
IX(A) - 4
-------
September 1988
[Note: 40 CFR 264.345(b)(5) requires that the Permit
specify any allowable variations in system design
during the operation of the incinerator. The Permit
Writer should develop additional conditions, as
necessary, to cover these variations and/or provide a
description of these variations as an attachment to
the Permit, Permit Attachment IX(A)-3.]
IX(A).C.3. The Permittee shall install and test all
instrumentation in accordance with the design plans,
performance specifications, and maintenance
procedures contained in Permit Attachment IX(A)-2
prior to handling hazardous wastes in the incinerator
unit.
The Permittee shall [design, construct, and] maintain the
incinerator so that when operated, in accordance with the operating
requirements specified in this permit, it will meet the performance
standards specified in Permit Conditions IX.(A).C.4. through
IX.(A).C.6. [40 CFR 264.343]
IX(A).C.4. The incinerator shall achieve a destruction and
removal efficiency (DRE) of 99.99 percent for each of
the following principal organic hazardous
constituents (POHC) for each waste feed. The DRE
value shall be determined using the method specified
in 40 CFR 264.343(a)(1). [40 CFR 264.343(a)(1)]
[Note: Any incinerator burning hazardous wastes
F020, F021, F022, F023, F026, or F027 must achieve a
DRE of 99.9999 percent for each designated POHC.
These POHCs, designated by the Permit Writer, must be
more difficult to incinerate than tetra-, penta-, and
hexachlorodibenzo-p-dioxins and dibenzofurans.] [40
CFR 264.343(a)(2)]
Waste Feed POHC(s)
IX(A) - 5
-------
September 1988
IX(A).C.5. The Permittee shall control hydrogen chloride (HC1)
emissions, such that the rate of emissions is no
greater than the larger of either 1.8 kilograms per
hour (4 pounds/hour) or one percent of the HC1 in the
stack gas, prior to entering any pollution control
equipment. [40 CFR 264.343(b)]
IX(A).C.6. The incinerator shall not emit particulate matter in
excess of 180 milligrams per dry standard cubic meter
(0.08 grains per dry standard cubic foot) when
corrected for the amount of oxygen in the stack gas,
in accordance with the formula specified in 40 CFR
264.343(c). [40 CFR 264.343(c)]
[Note: The Permit Writer should add the appropriate
correction procedure to this condition in cases where
a facility operates vmder conditions of oxygen
enrichment. [40 CFR 264.343(c)]
[Note: 40 CFR 264.345(b)(1)-(4) requires the Permit Writer to establish
operating limits for carbon monoxide, waste-feed rate, combustion
temperature, and a combustion gas velocity indicator. Permit Conditions
IX(A).C.7. through IX(A).C.10. cover those requirements. 40 CFR
264.345(b)(6) requires the Permit Writer to establish any other operating
requirements (conditions) necessary to ensure compliance with the
performance standards. Permit Conditions IX(A).C.11. through IX(A).C.22.
are example permit conditions that serve this purpose. These permit
conditions incorporate the list of key operating parameters provided by
the EPA Guidance on Trial Burn Reporting and Setting Permit Conditions.
This guidance should be consulted for assistance in determining which of
these conditions apply for a specific facility and the specific method of
setting each condition, given the design and operation of the facility
and the results of the trial burn or data in lieu of a trial burn.]
Except during the periods specified in the Permit Conditions for Short-
Term Incineration under the Shakedown Period, Trial Burn Period, and
Post-Trial Burn Period, the Permittee shall feed the wastes described in
Permit Condition IX(A).B. to the incinerator only under the following
conditions: [40 CFR 264.345]
IX(A).C.7. Carbon monoxide concentration in the stack exhaust
gas, monitored as specified in Permit Condition
IX(A).E., and corrected for the amount of oxygen in
the stack gas, shall not exceed ppm over a one
hour rolling average [or under the alternative format
for CO limits, PPm at any time, or ppm for
more than minutes in any clock hour].*
IX(A) - 6
-------
September 1988
IX(A).C.8. The Permittee shall be limited to the following waste
feed rates in the following locations:
[Note: The Permit should specify the feed rate of
each waste stream type (i.e., solid waste, organic
liquid waste) to each combustion chamber. The
following are example conditions. The Permit Writer
shall select the condition(s) that are most
appropriate for the Permit being prepared.]
(a) Maximum primary chamber organic liquid waste
feed rate of lb/hr.*
(b) Maximum primary chamber aqueous waste feed rate
of lb/hr.*
(c) Maximum primary chamber solid waste feed rate of
lb/hr.*
(d) Maximum secondary chamber organic liquid waste
feed rate of lb/hr.*
(e) The size of waste containers fed to the primary
chamber shall not exceed gallons of
capacity.*
IX(A).C.9. Combustion temperature, monitored as specified in
Permit Condition IX(A).E., shall be maintained at
°F (or °C) or greater.*
[Note: For dual-chamber incinerators, a minimum
temperature should be set for each chamber.]
IX(A).C.10. Combustion gas velocity, monitored as specified in
Permit Condition IX(A).E., shall be no greater than
ft/s.*
IX(A).C.ll. The mass feed rates of toxic metals to the
incinerator shall not exceed:
Arsenic:
Barium:
Chromium:
Beryllium:
Cadmium:
(grams/min) Antimony:
(grams/min) Lead:
(grams/min) Mercury:
(grams/min) Silver:
(grams/min) Thallium:
(grams/min)
(grams/min)
(grams/min)
(grams/min)
(grams/min)
IX(A) - 7
-------
September 1988
[Note: An option to Permit Condition IX(A).C.ll.,
which would be more straightforward to enforce, is to
set the limit on the actual concentration of metals
in the waste feed. Then only the concentration value
is required to determine compliance, rather than the
concentration and waste feed rate at a specific point
in time. However, this approach provides the
Permittee with less flexibility to feed higher
concentrations of metals when operating the
incinerator at low feed rates.
IX(A).C.12. Atomization fluid pressure (e.g., steam, air) shall
be no less than psig.
IX(A).C.13. The turndown ratio for the waste burner shall be no
greater than .
[Note: Permit Conditions IX(A).C.14. through IX(A).C.16 relate to
ensuring compliance with the HC1 emission standard in 40 CFR
264.343(b). The Permit Writer must determine which conditions are
appropriate for a specific facility depending on the control devices
present.]
IX(A).C.14. The - ratio to the absorber, monitored as specified
G
in Permit Condition IX(A).E., shall be maintained at
no less than [sometimes expressed as gals per
thousand cubic feet though usually dimensionless].*
IX(A).C.15. The scrubber effluent pH, monitored as specified in
Permit Condition IX(A).E., shall be maintained at a
minimum pH of .*
IX(A).C.16. The scrubber water delivery (nozzle) pressure,
monitored as specified in Permit Condition IX(A).E.,
shall be maintained at no less than psig.
[Note: Permit Conditions IX(A).C.17. through IX(A).C.22. relate to
ensuring compliance with the particulate emission standard in 40 CFR
264.343(c). Note, however, that most facilities will not have all
of the devices mentioned. The Permit Writer must determine which
conditions are appropriate for a specific facility.]
IX(A).C.17. Pressure drop across the venturi scrubber, monitored
as specified in Permit Condition IX(A).E., shall be
maintained at no less than psi.*
IX(A) - 8
-------
September 1988
IX(A).C.18. The scrubber blowdown rate shall be maintained at no
less than gpm.*
IX(A).C.19. The power to the electrostatic precipitator,
monitored as specified in Permit Condition IX(A).E.,
shall be maintained at no less than kVA.*
IX(A).C.20. The voltage applied to the ionizing wet scrubber,
monitored as specified in Permit Condition IX(A).E.,
shall be no less than kV.*
IX(A).C.21. Pressure drop across the baghouse, monitored as
specified in Permit Condition IX(A).E., shall be no
less than psi, nor greater than psi.*
[Note: The Permit Writer may require the Permittee
to specify in the Contingency Plan, provisions for
maintaining and replacing bags.]
IX(A).C.22. The Permittee shall control fugitive emissions from
the combustion zone of the incinerator by maintaining
the pressure in the primary combustion chamber,
monitored as specified in Permit Condition IX(A).E.,
to not exceed inches of mercury. [40 CFR
264.345(d)]
[Note: The Permit Writer may specify another method
for controlling fugitive emissions. The method must
be demonstrated in the Part B Permit Application;
this information should be attached to the Permit,
Permit Attachment IX(A)-4. and referenced.]
IX(A).C.23. Compliance with the operating conditions specified in
Permit Conditions IX(A).C.7. through IX(A).C.22. will
be regarded as compliance with the required
performance standards in Permit Conditions IX(A).C.4.
through IX(A).C.6. However, evidence that compliance
with these operating conditions is insufficient to
ensure compliance with the performance standards, may
justify modification, revocation, or reissuance of
the Permit pursuant to 40 CFR 270.41. [40 CFR
264.343(d)]
[Note: It must be understood, by both the Permit
Writer and Permittee, that violation of the permit
operating conditions can give rise to an enforcement
action. If the Permittee complies with the permit
IX(A) - 9
-------
September 1988
operating conditions, but it is later shown that the
performance standards are not being achieved, the
permit may be modified or revoke and reissued, but
enforcement actions are not available. Thus, each
set of operating conditions should directly relate to
achieving the performance standards in 40 CFR
264.343.]
IX(A).D. INSPECTION REQUIREMENTS
The Permittee shall inspect the incineration unit in accordance with the
Inspection Schedule, Permit Attachment II-3. and shall complete the
following as part of these inspections:
IX(A).D.l. The Permittee shall thoroughly, visually inspect the
incinerator and associated equipment (including
pumps, valves, conveyors, pipes, etc.) for leaks,
spills, fugitive emissions, and signs of tampering.
[40 CFR 264.347(b)]
IX(A).D.2. The Permittee shall thoroughly, visually inspect the
instrumentation for out-of-tolerance monitored and/or
recorded operational data.
IX(A).D.3. The Permittee shall test the emergency waste feed
cut-off system and associated alarm at least weekly
to verify operability, as specified in Permit
Condition IX(A).E.l. [40 CFR 264.347(c)]
[Note: If the Permittee demonstrates to the Regional
Administrator that the weekly inspections referred to
in Permit Condition IX(A).D.3 will unduly restrict or
upset operations and that less frequent inspection
will be adequate, the Permit Writer should specify
that inspection frequency in the permit condition.
At a minimum, operational testing must be conducted
at least monthly.]
IX(A).E. MONITORING REQUIREMENTS
IX(A).E.l. The Permittee shall maintain, calibrate, and operate
monitoring equipment and record the data while
incinerating hazardous waste, as specified below:
IX(A) - 10
-------
September 1988
System
Parameter
(1) Com-
bustion
Tempera -
(2) Pres-
sure drop
across
scrubber
venturi
Monitor
Type,
Instr.
No.
Type K
Thermo-
couple
TIC-900
Pressure
Sensor
PDIC-
1220
Location
[Use,
design
drawing
numbers
to show
the loca-
tion]
Recording
Process
[Indicate
whether
continuous
or not]
Calibration
Frequency
[ Frequency
at which the
unit is
calibrated
[Note: At a minimum, this condition must specify monitoring systems that
meet the requirements of 40 CFR 264.347(a)(1) and (2). Permit Condition
IX(A).E.l. contains example specifications for various operating
parameters that must be monitored. Specific parameters should be
addressed in the above table. If the Part B Permit Application contains
the above information on monitoring practices, in a conveniently
organized way and adequately detailed, then the Permit Writer may attach
this information, Permit Attachment IX(A)-5. to the Permit instead of
using a table in this permit module, and reference the attachment.]
IX(A).E.2 Upon request of the Agency, the Permittee shall
perform sampling and analysis of the waste and
exhaust emissions to verify that the operating
requirements established in the Permit achieve the
performance standards. [40 CFR 264.347(a)(3)]
IX(A).F. WASTE FEED CUT-OFF REQUIREMENTS
IX(A).F.l. The Permittee shall construct and maintain the
systems specified below to automatically cut off the
hazardous waste feed to the incinerator at the levels
specified below. Hazardous wastes shall be fed to
the incinerator only when all instruments required by
this condition are on line and operating properly.
IX(A) - 11
-------
September 1988
Parameter
Cut-Off Limits
Test
Frequency
Operating
parameters
to be inter-
locked to
automatic
waste-feed
cut off i.e.,
SCC temper-
ature ]
[Level at which
waste feed will
be cut off]
[Frequency at
which opera-
tional readiness
is checked]
[Note: 40 CFR 264.345(e) requires such systems to be constructed to
ensure that the operating conditions specified in the Permit are not
exceeded. Most cut-off systems are composed of multiple parameters.
They include monitors for the operating conditions presented in Permit
Condition IX(A).C. along with power failure and flame-out. If the Part B
Permit Application adequately provides the above information regarding
the automatic waste-feed cut-off system in an organized way and
adequately detailed, then the Permit Writer may attach this information,
Permit Attachment IX(A)-6. to the Permit, in lieu of using a table in
this permit module, and reference the attachment.]
IX(A).F.2.
In case of a malfunction of the automatic waste feed
cut-off systems, the Permittee shall perform manual
shut downs in accordance with the approved procedures
in Permit Attachment IX(A)-7. The Permittee shall
not restart the incinerator until the problem causing
the malfunction has been located and corrected.
IX(A).G. CLOSURE
The Permittee shall follow the procedures in the Closure Plan, Permit
Attachment II-9. [40 CFR 264.351]
IX(A).H. RECORDKEEPING
IX(A).H.l. The Permittee shall record and maintain, in the
operating record for this permit, all monitoring and
inspection data compiled under the requirements of
IX(A) - 12
-------
September 1988
this Permit (see Permit Condition I.E.9.b.). [40 CFR
264.73 and 40 CFR 264.347(d)]
IX(A).H.2. The Permittee shall record in the operating record
for this permit the date and time of all automatic
waste feed shut-offs, including the triggering
parameters, reason for the shut-off, and corrective
actions taken. The Permittee shall also record all
failures of the automatic waste feed shut-offs to
function properly and corrective actions taken.
IX(A).I. COMPLIANCE SCHEDULE
[Note: The Permit Writer should include this condition if the Permittee
is required to complete specific steps within a specific time period,
beyond those covered by other conditions of the Permit, as a criteria for
retaining this operating Permit. Compliance schedules are generally used
in cases where requirements that are supposed to be met by the Permittee,
before the Permit is issued, are deferred for good cause until after
permit issuance. Compliance schedules included in the Part B Permit
Application should be attached to the Permit. If the application does
not include a compliance schedule, the Permit Writer should prepare one
and attach it to the Permit. Each compliance schedule should have at
least two columns - one identifying the activity and one identifying the
milestone or completion dates. The following is an example of a
condition that may apply for incineration units.]
The Permittee shall provide the following information to the Regional
Administrator:
Item Date Due to the Regional Administrator
[Example:
1. Documentation that May 12, 1989
thermocouple No. TC 2
was installed as shown
on Drawing No. 960,
dated March 18, 1987
2. As-built construction February 13, 1989]
drawings for installation
of Pressure Sensor No. PS 4
IX(A) - 13
-------
September 1988
4
PERMIT ATTACHMENTS REFERENCED IN MODULE IX(A) - INCINERATION
This list is provided to assist the Permit Writer in checking that all
Permit Attachments referenced in this module are attached to the Permit.
The purpose of the numbering scheme used here is to facilitate cross-
walking with the model permit conditions. The Permit Writer may select
other numbering schemes, as appropriate, when preparing actual Permits.
Permit Attachment No.
II-l
II-3
II-9
IX (A) -2
IX(A)-3
IX(A)-4
IX(A)-5
IX(A)-6
IX (A) -7
Plan or Document
(from the Part B Permit Application)
Waste Analysis Plan
Facility Inspection Schedule
Closure Plan
List of Allowable Wastes
Design Plans and Specifications, and
Maintenance Procedures
Description of Allowable Variations in
System Design
Description of Procedures for
Controlling Fugitive Emissions
Description of Monitoring Systems
Description of Automatic Waste Feed
Cut-Off Systems
Description of Manual Waste Feed Cut-
Off Systems
IX(A) - 14
-------
September 1988
MODULE IX(B) - SHORT-TERM TEST INCINERATION
[Note: This permit module is applicable to facilities that perform a
trial burn and presents conditions that, during the periods specified,
supersede certain conditions found in Permit Module IX(A). 40 CFR 270.62
and 264.344(c) requires that a permit establish conditions necessary to
meet the requirements of 40 CFR 264.345 during the shakedown, trial burn,
and post trial burn periods.]
[Note: The purpose of this module is to provide permit conditions for the
operation of a new incineration unit prior to the long-term operation
period in order to:
1. Determine operational readiness following completion of
physical construction;
2. Test compliance with the performance standards;
3. Determine adequate operating conditions to ensure that the
performance standards will be maintained; and
4. Control operating conditions after the trial burn and prior to
any final modifications of the operating conditions in the
long-term portion of the permit to reflect the results of the
trial burn.]
[Note: The Permit Writer should refer to the RCRA Permit Quality
Protocol for additional guidance in developing or reviewing permit
conditions. See discussion of the RCRA Permit Quality Protocol in the
Introduction to this Model Permit.]
IX(B).A. MODULE HIGHLIGHTS
[The Permit Writer should include a general discussion of the activities
covered by this module. The discussion may include some or all of the
following information: type of incineration system; types of air
pollution control equipment used; system capacity in terms of either heat
rate or mass flow rate; key operating conditions, such as combustion
temperature (and whether these conditions were based on trial burn
results, or data in lieu of a trial burn); a general description of the
automatic waste feed cut-off system; the types of waste that may be
burned; the principal organic hazardous constituents selected and the
rationale for this selection; any unique or special features associated
with the operation; and a reference to any special permit conditions.]
IX(B) - 1
-------
IX(B).B. SHAKEDOWN PHASE
September 1988 .
During the shakedown phase (the period beginning with the initial
introduction of hazardous wastes into the incinerator and ending with the
start of the trial burn) the Permittee shall comply with the following
conditions:
IX(B).B.l. DURATION OF THE SHAKEDOWN PHASE
The shakedown phase shall not exceed hours of operation when burning
hazardous wastes. [40 CFR 264.344(c)(1)]
[Note: The duration of the first shakedown phase cannot exceed 720
hours. The Permittee may petition the Agency for one extension of the
shakedown phase for up to 720 additional hours. The Agency may grant the
extension when good cause is demonstrated in the petition. The Permit
Writer should modify the Permit as necessary to reflect the extension.
The modifications may be considered minor modifications. The Permit
Writer's justification for granting an extension should be included in
the Administrative Record for this Permit.] [40 CFR 264.344(c)(1) and 40
CFR 270.62(a)]
IX(B).B.2. ALLOWABLE WASTE FEED
During the shakedown phase, the Permittee may feed only the following
wastes to the incinerator, at the following feed rates, and subject to
the requirements of Permit Conditions IX(B).B.3.:
[Note: The Permit Writer should identify which waste feeds the Permittee
is allowed to incinerate during the shakedown phase and specify their
respective feed rates. Any limitations to these waste feeds should also
be specified. In some cases, an incinerator may accept only wastes that
are always chemically and physically uniform. Identification may then
simply be the process name of the waste or some other equivalent
identifier. Other facilities may accept waste feeds whose chemical and
physical properties vary. Any limitations, and the allowable range of
variations for these waste feeds should be specified. Determining these
conditions must be based on the Permit Writer's judgment that the
facility will meet the performance standards of 40 CFR 264.343. The
Permit Writer may choose to limit the waste feed to easily incinerable
materials during this period, or to limit the amount of harder to
incinerate waste that can be burned during this period. The options
presented in Permit Condition IX(A).B. of the module for long-term
incineration [Module IX(A)] should be considered by the Permit Writer.]
IX(B).B.3. INSTRUMENTATION AND OPERATIONAL PERFORMANCE REQUIREMENTS
[Note: For each of the waste feed streams specified in Permit Condition
IX(B).B.2., the Permit Writer must establish operating conditions that,
in the Permit Writer's judgment, ensure compliance with the performance
standards of 40 CFR 264.343.]
IX(B) - 2
-------
September 1988
[Note: 40 CFR 264.345(b)(1)-(4) requires the Permit Writer to establish
operating limits for carbon monoxide, waste-feed rate, combustion
temperature, and a combustion gas velocity indicator. Permit Conditions
IX(B).B.2. and IX(B).B.3.a. through IX(B).B.3.c. cover those
requirements. 40 CFR 264.345(b)(6) requires the Permit Writer to
establish any other operating requirements (conditions) necessary to
ensure compliance with the performance standards. Permit Conditions
IX(B).B.3.d. through IX(B).B.3.n. are example permit conditions that
serve this purpose. These permit conditions incorporate the list of key
operating parameters provided by the EPA Guidance on Trial Burn Reporting
and Setting Permit Conditions. This guidance should be consulted for
assistance in determining which of these conditions apply for a specific
facility and the specific method of setting each condition, given the
design and operation of the facility or from data submitted in lieu of a
trial burn.]
During the shakedown phase, the Permittee shall feed the wastes described
in Permit Condition IX(B).B.2. to the incinerator only under the
following conditions:
IX(B).B.3.a. Carbon monoxide concentration in the stack exhaust
gas, monitored as specified in Permit Condition
IX(B).B.5., and corrected for the amount of oxygen in
the stack gas, shall not exceed ppm over a one
hour rolling average [or under the alternative format
for CO limits, ppm at any time, or PPm for
more than minutes in any clock hour].
IX(B).B.3.b. Combustion temperature, monitored as specified in
Permit Condition IX(B).B.5., shall be maintained at
°F (or °C) or greater.
[Note: For dual-chamber incinerators, minimum
temperature should be set for each chamber.]
IX(B).B.3.c. Combustion gas velocity, monitored as specified in
Permit Condition IX(B).B.5., shall be no greater than
ft/s.
IX(B).B.3.d. Atomization fluid pressure (e.g., steam, air) shall
be no less than psig.
IX(B).B.3.e. The turndown ratio for the waste burner shall be no
greater than .
[Note: Permit Conditions IX(B).B.3.f. through IX(B).B.3.h. relate
to ensuring compliance with the HC1 emission standard in 40 CFR
264.343(b). The Permit Writer must determine which conditions are
appropriate for a specific facility depending on the control devices
present.]
IX(B) - 3
-------
September 1988
IX(B).B.3.f.
IX(B).B.3.g.
IX(B).B.3.h.
The - ratio to the absorber, monitored as specified
G
in Permit Condition IX(B).B.5., shall be maintained
at no less than [sometimes expressed as gals per
thousand cubic feet though usually dimensionless].
The scrubber effluent pH, monitored as specified in
Permit Condition IX(B).B.5., shall be maintained at a
minimum pH of .
The scrubber water delivery (nozzle) pressure,
monitored as specified in Permit Condition
IX(B).B.5., shall be maintained at no less than
psig.
[Note: Permit Conditions IX(B).B.3.i. through IX(B).B.3.n. relate
to ensuring compliance with the particulate emission standard in 40
CFR 264.343(c). Note, however, that most facilities will not have
all of the devices mentioned. The Permit Writer must determine
which conditions are appropriate for a specific facility.]
B.3.i. Pressure drop across the venturi scrubber, monitored
as specified in Permit Condition IX(B).B.5., shall be
maintained at no less than psi.
IX(B).B.3.j
IX(B).B.3.k.
IX(B).B.3.1.
IX(B).B.3.m.
The scrubber blowdown rate shall be maintained at no
less than §pm.
The power to the electrostatic precipitator,
monitored as specified in Permit Condition
IX(B).B.5., shall be maintained at no less than
kVA.
IX(B).B.3.n.
The voltage applied to the ionizing wet scrubber,
monitored as specified in Permit Condition
IX(B).B.5., shall be no less than kV.
Pressure drop across the baghouse, monitored as
specified in Permit Condition IX(B).B.5., shall be no
less than psi, nor greater than psi.
[Note: The Permit Writer may require the Permittee
to specify in the Contingency Plan, provisions for
maintaining and replacing bags.]
The Permittee shall control fugitive emissions from
the combustion zone of the incinerator by maintaining
the pressure in the primary combustion chamber,
monitored as specified in Permit Condition
IX(B).B.5., to not exceed inches of mercury.
[40 CFR 264.345(d)]
IX(B) - 4
-------
September 1988
[Note: The Permit Writer may specify another method
for controlling fugitive emissions. The method must
be demonstrated in the Part B Permit Application;
this information should be attached to the Permit,
Permit Attachment IX(B)-1. and referenced.]
IX(B).B.3.o. Compliance with the operating conditions specified in
Permit Conditions IX(B).B.3.a. through IX(B).B.3.n.
will be regarded as compliance with the required
performance standards 40 CFR 264.343. However,
evidence that compliance with these operating
conditions is insufficient to ensure compliance with
the performance standards, may justify modification,
revocation, or reissuance of the Permit pursuant to
40 CFR 270.41. [40 CFR 264.343(d)]
[Note: It must be understood, by both the Permit
Writer and Permittee, that violation of the permit
operating conditions can give rise to an enforcement
action. If the Permittee complies with the permit
operating conditions, but it is later shown that the
performance standards are not being achieved, the
permit may be modified or revoke and reissued, but
enforcement actions are not available. Thus, each
set of operating conditions should directly relate to
achieving the performance standards in 40 CFR
264.343.]
IX(B).B.4. INSPECTION REQUIREMENTS
The Permittee shall inspect the incineration unit in accordance with the
Inspection Schedule, Permit Attachment II-3. and shall complete the
following as part of these inspections:
IX(B).B.4.a. The Permittee shall thoroughly, visually inspect the
incinerator and associated equipment (including
pumps, valves, conveyors, pipes, etc.) for leaks,
spills, fugitive emissions, and signs of tampering.
[40 CFR 264.347(b)]
IX(B).B.4.b. The Permittee shall thoroughly, visually inspect the
instrumentation for out-of-tolerance monitored and/or
recorded operational data.
IX(B).B.4.c. The Permittee shall test the emergency waste feed
cut-off system and associated alarm at least weekly
to verify operability, as specified in Permit
Condition IX(B).B.5. [40 CFR 264.347(c)]
IX(B) - 5
-------
IX(B).B.5.
September 1988
[Note: If the Permittee demonstrates to the Regional
Administrator that the weekly inspections referred to
in Permit Condition IX(B).B.4.c. will unduly restrict
or upset operations and that less frequent inspection
will be adequate, the Permit Writer should specify
that inspection frequency in the permit condition.
At a minimum, operational testing must be conducted
at least monthly.]
MONITORING REQUIREMENTS
IX(B).B.S.a.
The Permittee shall maintain, calibrate, and operate
monitoring equipment and record the data while
incinerating hazardous waste, as specified below:
System Monitor
Parameter Type,
Instr.
No.
Location Recording
Process
Calibration
Frequency
Examples Type K
(1) Com- Thermo -
bustion couple
tempera- TIC-900
ture
(2) Pres- Pressure
sure drop Sensor
across PDIC-
scrubber 1220
venturi
[Use
design
drawing
numbers
to show
the loca-
tion]
[ Indicate
whether
continuous
or not]
[ Frequency
at which the
unit is
calibrated
[Note: At a minimum, this condition must specify monitoring systems that
meet the requirements of 40 CFR 264.347(a)(1) and (2). Permit Condition
IX(B).B.5.a. contains example specifications for various operating
parameters that must be monitored. Specific parameters should be
addressed in the above table. If the Part B Permit Application contains
the above information on monitoring practices, in a conveniently
organized way and adequately detailed, then the Permit Writer may attach
this information, Permit Attachment IX(B)-2. to the Permit instead of
using a table in this permit module, and reference the attachment.]
IX(B).B.5.b.
Upon request of the Agency, the Permittee shall
perform sampling and analysis of the waste and
exhaust emissions to verify that the operating
requirements established in the Permit achieve the
performance standards. [40 CFR 264.347(a)(3)]
IX(B) - 6
-------
September 1988
IX(B).B.6.
WASTE FEED CUT-OFF REQUIREMENTS
IX(B).B.6.a.
The Permittee shall construct and maintain the
systems specified below to automatically cut off the
hazardous waste feed to the incinerator at the levels
specified below. Hazardous wastes shall be fed to
the incinerator only when all instruments required by
this condition are on line and operating properly.
Parameter
Cut-Off Limits
Test
Frequency
Operating
parameters
to be inter-
locked to
automatic
waste-feed
cut off i.e.,
SCC temper-
ature ]
[Level at which
waste feed will
be cut off]
[Frequency at
which opera-
tional readiness
is checked]
[Note: 40 CFR 264.345(e) requires such systems to be constructed to
ensure that the operating conditions specified in the Permit are not
exceeded. Most cut-off systems are composed of multiple parameters.
They include monitors for the operating conditions presented in Permit
Condition IX(B).B.3. along with power failure and flame-out. If the Part
B Permit Application adequately provides the above information regarding
the automatic waste-feed cut-off system in an organized way and
adequately detailed, then the Permit Writer may attach this information,
Permit Attachment IX(B)-3. to the Permit, in lieu of using a table in
this permit module, and reference the attachment.]
IX(B).B.6.b.
In case of a malfunction of the automatic waste feed
cut-off systems, the Permittee shall perform manual
shut downs in accordance with the approved procedures
in Permit Attachment IX(B)-4. The Permittee shall
not restart the incinerator until the problem causing
the malfunction has been located and corrected.
IX(B).B.7. RECORDKEEPING
IX(B).B.7.a.
The Permittee shall record and maintain, in the
operating record for this permit, all monitoring and
IX(B) - 7
-------
September 1988
inspection data compiled under the requirements of
this Permit (see Permit Condition I.E.9.b.). [40 CFR
264.73 and 40 CFR 264.347(d)]
IX(B).B.7.b. The Permittee shall record in the operating record
for this permit the date and time of all automatic
waste feed shut-offs, including the triggering
parameters, reason for the shut-off, and corrective
actions taken. The Permittee shall also record all
failures of the automatic waste feed shut-offs to
function properly and corrective actions taken.
IX(B).B.8. COMPLIANCE SCHEDULE
[Note: The Permit Writer should include this condition if the Permittee
is required to complete specific steps within a specific time period,
beyond those covered by other conditions of the Permit, as a criteria for
retaining this operating Permit. Compliance schedules are generally used
in cases where requirements that are supposed to be met by the Permittee,
before the Permit is issued, are deferred for good cause until after
permit issuance. Compliance schedules included in the Part B Permit
Application should be attached to the Permit. If the application does
not include a compliance schedule, the Permit Writer should prepare one
and attach it to the Permit. Each compliance schedule should have at
least two columns - one identifying the activity and one identifying the
milestone or completion dates. The following is an example of a
condition that may apply for incineration units.]
The Permittee shall provide the following information to the Regional
Administrator:
Item Date Due to the Regional Administrator
[Example:
1. Documentation that May 12, 1989
thermocouple No. TC 2
was installed as shown
on Drawing No. 960,
dated March 18, 1987
2. As-built construction February 13, 1989]
drawings for installation
of Pressure Sensor No. PS 4
IX(B) - 8
-------
September 1988
IX(B).C. TRIAL BURN PHASE
IX(B).C.l. CONFORMITY TO TRIAL BURN PLAN
The Permittee shall operate and monitor the incinerator during the trial
burn phase as specified in the Trial Burn Plan, Permit Attachment IX(B)-
J5. The Trial Burn Plan shall be revised and resubmitted by the Permittee
six (6) months prior to conducting the trial burn or a performance test
required under Permit Condition IX(A).E.2. of this permit. The revised
Trial Burn Plan must include all applicable EPA-approved test methods and
procedures in effect at the time of the resubmittal.
[Note: The Trial Burn Plan must meet the requirements of 40 CFR
270.62(b)(2). The operating and monitoring requirements specified in the
plan must be adequate to meet the requirements of 40 CFR 270.62(b)(2)(v).
Additional conditions should be established, if necessary, to establish
operating conditions which will ensure compliance with the performance
standards of 40 CFR 264.343.]
IX(B).C.2. TRIAL POHCs
The principal organic hazardous constituents (POHCs) for which DREs must
be determined are:
Waste Feed POHC(s)
[Note: If the Permittee or Permit Writer wishes to establish different
operating conditions for various hazardous waste feeds, then POHCs must
be selected for each feed or feed group. For example, a facility may
wish to designate two (2) waste feeds. Number one waste feed may be a
combination of several waste streams that is relatively "easy" to burn
based on its POHCs. Number two feed may consist of several waste streams
that are "difficult" to burn based on their POHCs. The incinerator
operating conditions for these two feeds may be different.]
[Note: Before selecting POHCs for the trial burn, the Permit Writer
should review the EPA "Guidance Manual for Hazardous Waste Incinerator
Permits" (SW-966), Guidance on Trial Burn Reporting and Setting Permit
Conditions, and other appropriate guidances.]
IX(B).C.3. TRIAL BURN DETERMINATIONS
During the trial burn (or as soon after the trial burn as practicable),
the Permittee shall make the determinations required by 40 CFR
270.62(b)(6)(i)-(ix).
IX(B) - 9
-------
September 1988
[Note: Any other determinations that the Permit Writer finds will be
needed to ensure that the trial burn will determine compliance with the
performance standards should be described as required by 40 CFR
270.62(b)(6)(x).]
IX(B).C.4. TRIAL BURN DATA SUBMISSIONS AND CERTIFICATIONS
The Permittee shall submit a copy of all data collected during the trial
burn to the Regional Administrator upon completion of the burn. The
Permittee shall submit to the Regional Administrator the results of the
determinations required by Condition IX(B).C.3 within ninety (90) days of
the completion of the trial burn. All submissions must be certified in
accordance with 40 CFR 270.11. [40 CFR 270.62
-------
IX(B).D.2.
September 1988
INSTRUMENTATION AND OPERATIONAL PERFORMANCE REQUIREMENTS
[Note: For each of the waste feed streams specified in Permit Condition
IX(B).D.l., the Permit Writer must establish operating conditions that,
in the Permit Writer's judgment, ensure compliance with the performance
standards of 40 CFR 264.343.]
[Note: 40 CFR 264.345(b)(1)-(4) requires the Permit Writer to establish
operating limits for carbon monoxide, waste-feed rate, combustion
temperature, and a combustion gas velocity indicator. Permit Conditions
IX(B).D.l. and IX(B).D.2.a. through IX(B).D.2.c. cover those
requirements. 40 CFR 264.345(b)(6) requires the Permit Writer to
establish any other operating requirements (conditions) necessary to
ensure compliance with the performance standards. Permit Conditions
IX(B).D.2.d. through IX(B).D.2.n. are example permit conditions that
serve this purpose. These permit conditions incorporate the list of key
operating parameters provided by the EPA Guidance on Trial Burn Reporting
and Setting Permit Conditions. This guidance should be consulted for
assistance in determining which of these conditions apply for a specific
facility and the specific method of setting each condition, given the
design and operation of the facility and the results of the trial burn or
from data submitted in lieu of a trial burn.]
During the shakedown phase, the Permittee shall feed the wastes described
in Permit Condition IX(B).D.l. to the incinerator only under the
following conditions:
IX(B).D.2.a.
IX(B).D.2.b.
IX(B).D.2.c.
IX(B).D.2.d.
Carbon monoxide concentration in the stack exhaust
gas, monitored as specified in Permit Condition
IX(B).D.4., and corrected for the amount of oxygen in
the stack gas, shall not exceed ppm over a one
hour rolling average [or under the alternative format
for CO limits, ppm at any time, or ppm for
more than minutes in any clock hour].
Combustion temperature, monitored as specified in
Permit Condition IX(B).D.4., shall be maintained at
°F (or °C) or greater.
[Note: For dual-chamber incinerators, minimum
temperature should be set for each chamber.]
Combustion gas velocity, monitored as specified in
Permit Condition IX(B).D.4., shall be no greater than
ft/s.
Atomization fluid pressure (e.g., steam, air) shall
be no less than
IX(B) - 11
-------
September 1988
IX(B).D.2.e.
The turndown ratio for the waste burner shall be
greater than .
no
[Note: Permit Conditions IX(B).D.2.f. through IX(B).D.2.h. relate
to ensuring compliance with the HC1 emission standard in 40 CFR
264.343(b). The Permit Writer must determine which conditions are
appropriate for a specific facility depending on the control devices
present.]
IX(B).D.2.f.
IX(B).D.2.g.
IX(B).D.2.h.
The — ratio to the absorber, monitored as specified
G
in Permit Condition IX(B).D.4., shall be maintained
at no less than [sometimes expressed as gals per
thousand cubic feet though usually dimensionless].
The scrubber effluent pH, monitored as specified in
Permit Condition IX(B).D.4., shall be maintained at a
minimum pH of .
The scrubber water delivery (nozzle) pressure,
monitored as specified in Permit Condition
IX(B).D.4., shall be maintained at no less than
psig.
[Note: Permit Conditions IX(B).D.2.i. through IX(B).D.2.n. relate
to ensuring compliance with the particulate emission standard in 40
CFR 264.343(c). Note, however, that most facilities will not have
all of the devices mentioned. The Permit Writer must determine
which conditions are appropriate for a specific facility.]
D.2.i. Pressure drop across the venturi scrubber, monitored
as specified in Permit Condition IX(B).D.4., shall be
maintained at no less than psi.
The scrubber blowdown rate shall be maintained at no
less than SPm-
The power to the electrostatic precipitator,
monitored as specified in Permit Condition
IX(B).D.4., shall be maintained at no less than
kVA.
IX(B).D.2.k.
IX(B).D.2.m.
The voltage applied to the ionizing wet scrubber,
monitored as specified in Permit Condition
IX(B).D.4., shall be no less than kV.
Pressure drop across the baghouse, monitored as
specified in Permit Condition IX(B).D.4., shall be no
less than psi, nor greater than psi.
i
IX(B) - 12
-------
IX(B).D.2.n.
IX(B).D.2.0.
IX(B).D.3.
September 1988
[Note: The Permit Writer may require the Permittee
to specify in the Contingency Plan, provisions for
maintaining and replacing bags.]
The Permittee shall control fugitive emissions from
the combustion zone of the incinerator by maintaining
the pressure in the primary combustion chamber,
monitored as specified in Permit Condition
IX(B).D.4., to not exceed inches of mercury.
[40 CFR 264.345(d)]
[Note: The Permit Writer may specify another method
for controlling fugitive emissions. The method must
be demonstrated in the Part B Permit Application;
this information should be attached to the Permit,
Permit Attachment IX(B)-1. and referenced.]
Compliance with the operating conditions specified in
Permit Conditions IX(B).D.2.a. through IX(B).D.2.n.
will be regarded as compliance with the required
performance standards 40 CFR 264.343. However,
evidence that compliance with these operating
conditions is insufficient to ensure compliance with
the performance standards, may justify modification,
revocation, or reissuance of the Permit pursuant to
40 CFR 270.41. [40 CFR 264.343(d)]
[Note: It must be understood, by both the Permit
Writer and Permittee, that violation of the permit
operating conditions can give rise to an enforcement
action. If the Permittee complies with the permit
operating conditions, but it is later shown that the
performance standards are not being achieved, the
permit may be modified or revoke and reissued, but
enforcement actions are not available. Thus, each
set of operating conditions should directly relate to
achieving the performance standards in 40 CFR
264.343.]
INSPECTION REQUIREMENTS
The Permittee shall inspect the incineration unit in accordance with the
Inspection Schedule, Permit Attachment II-3. and shall complete the
following as part of these inspections:
IX(B).D.3.a.
The Permittee shall thoroughly, visually inspect the
incinerator and associated equipment (including
pumps, valves, conveyors, pipes, etc.) for leaks,
spills, fugitive emissions, and signs of tampering.
[40 CFR 264.347(b)j
IX(B) - 13
-------
September 1988
IX(B).D.3.b. The Permittee shall thoroughly, visually inspect the
instrumentation for out-of-tolerance monitored and/or
recorded operational data.
IX(B).D.3.c. The Permittee shall test the emergency waste feed
cut-off system and associated alarm at least weekly
to verify operability, as specified in Permit
Condition IX(B).D.4. [40 CFR 264.347(c)]
[Note: If the Permittee demonstrates to the Regional
Administrator that the weekly inspections referred to
in Permit Condition IX(B).D.3.c. will unduly restrict
or upset operations and that less frequent inspection
will be adequate, the Permit Writer should specify
that inspection frequency in the permit condition.
At a minimum, operational testing must be conducted
at least monthly.]
IX(B).D.4. MONITORING REQUIREMENTS
IX(B).D.4.a. The Permittee shall maintain, calibrate, and operate
monitoring equipment and record the data while
incinerating hazardous waste, as specified below:
System Monitor Location Recording Calibration
Parameter Type, Process Frequency
Instr.
No.
4
Examples Type K
(1) Com- Thermo -
bustion couple
tempera- TIC- 900
ture
(2) Pres- Pressure
sure drop Sensor
across PDIC-
scrubber 1220
venturi
[Use
design
drawing
numbers
to show
the loca-
tion]
[ Indicate
whether
continuous
or not]
[ Frequency
at which the
unit is
calibrated
[Note: At a minimum, this condition must specify monitoring systems that
meet the requirements of 40 CFR 264.347(a)(1) and (2). Permit Condition
IX(B).D.4.a. contains example specifications for various operating
parameters that must be monitored. Specific parameters should be
addressed in the above table. If the Part B Permit Application contains
the above information on monitoring practices, in a conveniently
IX(B) - 14
-------
September 1988
organized way and adequately detailed, then the Permit Writer may attach
this information, Permit Attachment IX(B)-2. to the Permit instead of
using a table in this permit module, and reference the attachment.]
IX(B).D.4.b. Upon request of the Agency, the Permittee shall
perform sampling and analysis of the waste and
exhaust emissions to verify that the operating
requirements established in the Permit achieve the
performance standards. [40 CFR 264.347(a)(3)]
IX(B).D.5. WASTE FEED CUT-OFF REQUIREMENTS
lX(B).D.5.a. The Permittee shall construct and maintain the
systems specified below to automatically cut off the
hazardous waste feed to the incinerator at the levels
specified below. Hazardous wastes shall be fed to
the incinerator only when all instruments required by
this condition are on line and operating properly.
Test
Parameter Cut-Off Limits Frequency
Operating [Level at which [Frequency at
parameters waste feed will which opera-
to be inter- be cut off] tional readiness
locked to is checked]
automatic
waste-feed
cut off i.e.,
SCC temper-
ature ]
[Note: 40 CFR 264.345(e) requires such systems to be constructed to
ensure that the operating conditions specified in the Permit are not
exceeded. Most cut-off systems are composed of multiple parameters.
They include monitors for the operating conditions presented in Permit
Condition IX(B).D.2. along with power failure and flame-out. If the Part
B Permit Application adequately provides the above information regarding
the automatic waste-feed cut-off system in an organized way and
adequately detailed, then the Permit Writer may attach this information,
Permit Attachment IX(B)-3. to the Permit, in lieu of using a table in
this permit module, and reference the attachment.]
IX(B) - 15
-------
September 1988
IX(B).D.5.b. In case of a malfunction of the automatic waste feed
cut-off systems, the Permittee shall perform manual
shut downs in accordance with the approved procedures
in Permit Attachment IX(B)-4. The Permittee shall
not restart the incinerator until the problem causing
the malfunction has been located and corrected.
IX(B).D.6. RECORDKEEPING
IX(B).D.6.a. The Permittee shall record and maintain, in the
operating record for this permit, all monitoring and
inspection data compiled under the requirements of
this Permit (see Permit Condition I.E.9.b.). [40 CFR
264.73 and 40 CFR 264.347(d)]
IX(B).D.6.b. The Permittee shall record in the operating record
for this permit the date and time of all automatic
waste feed shut-offs, including the triggering
parameters, reason for the shut-off, and corrective
actions taken. The Permittee shall also record all
failures of the automatic waste feed shut-offs to
function properly and corrective actions taken.
IX(B).D.7. COMPLIANCE SCHEDULE
[Note: The Permit Writer should include this condition if the Permittee
is required to complete specific steps within a specific time period,
beyond those covered by other conditions of the Permit, as a criteria for
retaining this operating Permit. Compliance schedules are generally used
in cases where requirements that are supposed to be met by the Permittee,
before the Permit is issued, are deferred for good cause until after
permit issuance. Compliance schedules included in the Part B Permit
Application should be attached to the Permit. If the application does
not include a compliance schedule, the Permit Writer should prepare one
and attach it to the Permit. Each compliance schedule should have at
least two columns - one identifying the activity and one identifying the
milestone or completion dates. The following is an example of a
condition that may apply for incineration units.]
The Permittee shall provide the following information to the Regional
Administrator:
I
IX(B) - 16
-------
ft
September 1988
Item Date Due to the Regional Administrator
[Example:
1. Documentation that May 12, 1989
thermocouple No. TC 2
was installed as shown
on Drawing No. 960,
dated March 18, 1987
2. As-built construction February 13, 1989]
drawings for installation
of Pressure Sensor No. PS 4
IX(B).E. REPORTING NON-COMPLIANCE DURING THE TRIAL BURN
If based upon the analytical results of the trial burn and before
submitting the required trial burn results, the Permittee determines that
the incinerator failed to achieve any of the performance standards
specified in 40 CFR 264.343, the Permittee shall notify the Regional
Administrator within twenty-four (24) hours of making the determination.
Upon the request of the Regional Administrator, the Permittee shall cease
feeding hazardous waste to the incinerator. The Permittee may apply to
the Regional Administrator for a permit modification pursuant to 40 CFR
270.41 and for a new trial burn pursuant to 40 CFR 270.62(b).
IX(B) - 17
-------
September 1988
PERMIT ATTACHMENTS REFERENCED IH MODULE IX (B) - SHORT-TERM
TEST INCINERATION
This list is provided to assist the Permit Writer in checking that all
Permit Attachments referenced in this module are attached to the Permit.
The purpose of the numbering scheme used here is to facilitate cross-
walking with the model permit conditions. The Permit Writer may select
other numbering schemes, as appropriate, when preparing actual Permits.
Permit Attachment No.
II-3
IX(B)-2
IX(B)-3
IX(B)-4
IX(B)-5
Plan or Document
(from the Part B Permit Application)
Facility Inspection Schedule
Description of Procedures for
Controlling Fugitive Emissions
Description of Monitoring Systems
Description of Automatic Waste Feed
Cut-Off Systems
Description of Manual Waste Feed Cut-
Off Systems
Trial Burn Plan
IX(B) - 18
-------
September 1988
MODULE X - GROUND-WATER DETECTION MONITORING
[Note: This permit module contains conditions that apply to storage,
treatment, or disposal of hazardous wastes in any of the following units:
surface impoundments, waste piles, land treatment units or landfills.
These units require ground-water monitoring unless exempted under 40 CFR
264.90(b).] The goal of detection monitoring is to ensure the earliest
possible detection of contaminant leakage from the regulated units.
Detection monitoring requires detected leakage to be characterized and
determines if further action is warranted. Detection monitoring entails
the following:
1. Development of a list of ground-water indicator parameters and
monitoring constituents used to indicate a release from the
regulated unit(s).
2. Establishment of sampling and statistical analysis requirements
to determine if a release has occurred.
3. Establishment of additional requirements if a statistically
significant release occurs.]
[Note: On July 9, 1987, a federal rule was finalized to require analysis
for 40 CFR 261, Appendix IX, rather than Appendix VIII, hazardous
constituents pursuant to 40 CFR 264.98 and 264.99, if a statistically
significant increase occurs for any detection monitoring parameters or
constituents. The Appendix IX list is an abbreviated Appendix VIII list
with several constituents added. This permit module incorporates the new
rule.]
[Note: Under 40 CFR 264.91(b) the Regional Administrator may include one
or more of the following programs in a permit: (1) detection monitoring
(Module X), (2) compliance monitoring (Module XI), and (3) corrective
action [Module XII(A)]. If more than one program is included in the
Permit, the Permit Writer is to specify the circumstances or conditions
under which each program will be required. It is possible that more than
one program will be operable at the same time at a facility, or that the
programs will be conditional based on a sequence of events. For example,
the sequence set up in the Permit could include a detection monitoring
program that triggers an Appendix IX analysis that triggers a Permittee
option to apply for a variance (e.g., other contamination source or
sampling error) and if the Permittee fails to seek or fails to obtain a
variance, then compliance monitoring is triggered. The Permit could also
set the ground water protection standard, with a provision for the
Permittee to apply for an Alternate Concentration Limit (ACL), and in the
absence of an ACL application or denial of an ACL, or exceedence of an
ACL or pre-set limit, the triggering of the corrective action program.
The corrective action program could include plume assessment, corrective
measures study and design, and implementation of corrective action.
Setting up such a sequence in the Permit reduces the number of permit
X - 1
-------
September 1988
modifications that may be needed and decreases the administrative time
needed to get on with subsequent steps in the process and ultimately, the
time required to get corrective action under way, if needed.]
[Note: The Permit Writer should refer to the RCRA Permit Quality
Protocol for additional guidance in developing or reviewing permit
conditions. See discussion of the RCRA Permit Quality Protocol in the
Introduction to this Model Permit.]
X.A. MODULE HIGHLIGHTS
[The Permit Writer should include a general discussion of the activities
covered by this module. The discussion should contain the following
information: description of the waste management units (including type
and number that require detection monitoring); number, location and depth
of wells; which wells are upgradient and downgradient; the indicator
parameters and monitoring constituents specified and their background
concentrations; any unique or special features associated with the
operation; and a reference to any special permit conditions.]
X.B. WELL LOCATION. INSTALLATION AND CONSTRUCTION
[Note: For specific Agency guidance on monitoring well design and
construction, hydrogeologic site characterization and location of
monitoring wells, consult the EPA RCRA Ground-Water Monitoring Technical
Enforcement Guidance Document (September 1986).]
The Permittee shall install and maintain a ground-water monitoring system
as specified below: [40 CFR 264.97]
X.B.I. The Permittee shall (install and) maintain ground-water
monitoring wells at the locations specified on the map in
Permit Attachment X-l and in conformance with the
following list:
[Note: The map must show all monitoring well locations
and provide unique identifiers for each well. The number
and location of monitoring wells utilized for ground-water
monitoring is site-specific. The number and location of
the wells must meet the requirements of 40 CFR 264.95
(Point of Compliance) and 40 CFR 264.97(a) and (b), if
applicable (number, location, and depth of wells). The
ground-water monitoring system must: yield samples in
upgradient wells that represent the quality of the
background ground water unaffected by leakage from any
regulated unit(s), and in downgradient wells yield samples
that represent the quality of water passing the point of
compliance. The number and location of monitoring wells
must be sufficient to identify and define all logical
release pathways from the regulated units based on site-
specific hydrogeologic characterization. The Permit
X - 2
-------
September 1988
Writer may require the Permittee to selectively monitor a
hydrologic zone which the Permittee has not described as
part of the uppermost aquifer (e.g., perched water table),
if based on hydrogeological characteristics, the
hydrologic zone is an area of concern for the migration of
hazardous constituents from regulated units that can be
transported to any exposure point.]
X.B.2. The Permittee shall (construct and) maintain the
monitoring wells identified in Permit Condition X.B.I., in
accordance with the detailed plans and specifications
presented in Permit Attachment X-2.
[Note: The plans and specifications must meet the
requirements of 40 CFR 264.97(a) and (c), and should
consist of design drawings and design criteria applicable
to all wells, and individual well specifications
identifying total well depth and location of screened
intervals.]
[Note: If determined to be necessary to protect human health or the
environment, the Permit Writer should include Permit Condition
X.B.3., specifications on how monitoring wells are plugged and
abandoned. HSWA Section 212 provides EPA with this authority.
Several states also have regulations which cover monitoring well
abandonment.]
X.B.3. All wells deleted from the monitoring program shall be
plugged and abandoned in accordance with Permit Attachment
X-3. Well plugging and abandonment methods and
certification shall be submitted to the Regional
Administrator within [The Permit Writer should specify the
submittal period.] from the date the wells are removed
from the monitoring program.
X.C. INDICATOR PARAMETERS AND MONITORING CONSTITUENTS
[Note: The Permit Writer may use background data from interim status
monitoring to establish background concentrations for detection
monitoring, to the extent that the same parameters continue to be used in
detection.]
X.C.I. The Permittee shall monitor [The Permit Writer should
specify the well numbers], as described in Permit
Condition X.B., for the following parameters and
constituents: [40 CFR 264.98(a)]
Parameter or Constituent Established Background
Concentrations
X - 3
-------
September 1988
[Note: The Permit Writer should develop a list of
detection monitoring parameters and constituents using the
following information: waste analysis plan, waste
characterization, site hydrogeologic characterization, and
proposed monitoring parameters and constituents.]
[Note: Include Permit Condition X.C.2. when the Permittee has not
established background values at the time the Permit is issued in
accordance with 40 CFR 264.97(g).]
X.C.2. For those parameters and constituents in Permit Condition
X.C.I, for which no background values are established at
the time the Permit is issued, the Permittee shall
establish background values in accordance with the
following procedures. [The Permit Writer should specify
that the procedures in Permit Conditions X.C.2.a. and
X.C.2.b. be used to establish the background values.] [40
CFR 264.97(g)(1)]
X.C.2.a. Background ground-water quality for a monitoring
parameter or constituent shall be based on data from
quarterly sampling of the well [or wells] upgradient
from the waste management unit for one (1) year. [40
CFR 264.97(g)(l)]
[Note: The Permit Writer may allow the determination
of background quality based on samples from wells
that are not upgradient from the waste management
area if: (i) hydrogeologic conditions do not allow
the Permittee to determine which wells are
upgradient; or (ii) sampling at other wells will
provide an indication of background ground-water
quality that is as representative, or more
representative, than that provided by the upgradient
wells.] [40 CFR 264.97(g)(3)]
X.C.2.b. The Permittee shall take a minimum of one sample from
each well and a minimum of four samples from the
entire system used, to determine background ground-
water quality for each parameter and/or constituent
each time the system is sampled. [40 CFR
264.97(g)(4)] [Note: These samples are required
for the development of the data base for the entire
monitoring system. The Permit Writer can require the
collection of additional samples. At least one
sample should be collected from each monitoring well
every quarter. At the end of one year, a minimum of
sixteen samples must be obtained from which the
background ground-water quality will be established.]
X - 4
-------
September 1988
X.D. SAMPLING AND ANALYSIS PROCEDURES
The Permittee shall use the following techniques and procedures when
obtaining and analyzing samples from the ground-water monitoring wells
described in Permit Condition X.B.: [40 CFR 264.97(d) and (e)]
X.D.I. Samples shall be collected using the techniques described
in Permit Attachment X-4.
X.D.2. Samples shall be preserved [and shipped (when shipped off
site for analysis)], in accordance with the procedures
specified in Permit Attachment X-4.
X.D.3. Samples shall be analyzed in accordance with the
procedures specified in Permit Attachment X-4.
X.D.4. Samples shall be tracked and controlled using the chain-
of-custody procedures specified in Permit Attachment X-4.
[Note: The Permittee must submit all of the above
information, which is required under 40 CFR 264.97(d) and
(e), 264.98(g) and 270.14(c)(7)(vi).]
[Note: The sampling and analytical procedures must be
designed to provide a reliable indication of the quality
of the ground water below the facility, pursuant to 40 CFR
264.97(d) and (e).]
X.E. ELEVATION OF THE GROUND-WATER SURFACE
X.E.I. The Permittee shall determine the elevation of the ground-
water surface at each well each time the ground water is
sampled, in accordance with Permit Condition X.G.2. [40
CFR 264.97(f)]
[Note: The Permit Writer should include Permit Condition
X.E.2. if new monitoring wells are installed. The
surveyed ground surface elevation of all existing
monitoring wells is required on the facility map in the
Part B Permit Application.]
X.E.2. The Permittee shall record the surveyed elevation of the
monitoring well(s) when installed (with as-built
drawings). [Note: The total depth of the well and the
elevations of the following should be recorded: top of
casing, ground surface and/or apron elevation, and the
protective casing.]
X - 5
-------
September 1988
X.F. STATISTICAL PROCEDURES
[Note: 40 CFR 264, Subpart F regulations were undergoing revisions at
the time this permit module was prepared. The new regulations will
specify six performance standards that the statistical methods and
sampling procedures must meet. The statistical procedures in this permit
module are based on 40 CFR 264, Subpart F, July, 1987.]
When evaluating the monitoring results in accordance with Permit
Condition X.G., the Permittee shall use the following procedures:
X.F.I. When a constituent's background value has a sample
coefficient of variation less than 1.00, the Permittee
shall conduct the following statistical procedures:
The Permittee shall take [at least] four portions from a
sample at each well, at the compliance point, and
determine whether the difference between the mean of the
constituent at each well (using all portions taken) and
the background value for the constituent is significant,
at the 0.05 level, using the Cochran's Approximation to
the Behrens-Fisher Student's t-test, as described in
Permit Attachment G.W.2 to this permit module. If the
test indicates that the difference is significant, the
Permittee shall repeat the same procedure (with at least
the same number of portions as used in the first test)
with a fresh sample from the monitoring well. If this
second round of analysis indicates that the difference is
significant, the Permittee shall conclude that a
statistically significant change has occurred. [40 CFR
264.97(h)(l)(i)]
[Note: As an alternative to the above condition, the
Permittee may use an equivalent statistical procedure for
determining whether a statistically significant change has
occurred. The Permit Writer may specify such a procedure
in the Permit if the alternative procedure reasonably
balances the probability of falsely identifying a non-
contaminating regulated unit and the probability of
failing to identify a contaminating regulated unit, in a
manner that is comparable to that of the statistical
procedure described in Permit Condition X.F.I.] [40 CFR
264.97(h)(l)(ii)]
X.F.2. The Permittee shall conduct the statistical procedures as
presented in Permit Attachment X-5 .
[Note: In all other situations in a detection monitoring
program, the Permittee must use a statistical procedure
providing reasonable confidence that the migration of
hazardous constituents from a regulated unit into and
X - 6
-------
September 1988
through the aquifer will be indicated. The Permit Writer
must specify a. statistical procedure in the Permit that:
o Is appropriate for the distribution of the data used
to establish background values or concentration
limits and
o Provides a reasonable balance between the probability
of falsely identifying a non-contaminating regulated
unit and the probability of failing to identify a
contaminating regulated unit.] [40 CFR
264.97(h)(2)(i) and (ii)]
X.G. MONITORING PROGRAM AND DATA EVALUATION
X.G.I. The Permittee shall collect, preserve, and analyze samples
pursuant to Permit Condition X.D.
X.G.2. The Permittee shall determine ground-water quality at each
monitoring well at the compliance point [Note: The Permit
Writer should specify the sampling frequency, but must
require these determinations at least semi-annually. Some
state agencies require quarterly determinations.] during
the active life of a regulated unit, including the closure
period (and post-closure care period for land disposal
units which do not clean close). [40 CFR 264.98(d)] The
Permittee shall express the ground-water quality at each
monitoring well in a form necessary for the determination
of statistically significant increases (i.e., means and
variances). [40 CFR 264.97(h)]
X.G.3. The Permittee shall determine the ground-water flow rate
and direction in the uppermost aquifer at least annually.
[40 CFR 264.98(e)]
X.G.4. The Permittee shall determine whether there is a
statistically significant increase over the background
values for each parameter identified in Permit Condition
X.C.I, each time ground-water quality is determined at the
compliance point. In determining whether such an increase
has occurred, the Permittee must compare the ground-water
quality at each monitoring well specified in Permit
Condition X.B.I, to the background value specified in
Permit Condition X.C.I., in accordance with the
statistical procedures specified in Permit Condition X.F.
[40 CFR 264.98(g)]
X.G.5. The Permittee shall perform the evaluations described in
Permit Condition X.G.4. within [Note: The Permit Writer
should specify the number of days. The report time
X - 7
-------
September 1988
required by the Permit Writer should take into
consideration the availability of laboratory services to
the Permittee and the type of statistical analysis
employed by the Permittee.] after completion of sampling.
[40 CFR 264.98(g)(2)]
X.H. RECORDKEEPING AND REPORTING
X.H.I. The Permittee shall enter all monitoring, testing, and
analytical data obtained in accordance with Permit
Condition X.G. in the operating record. [40 CFR
264.73(b)(6)] The data must include all computations,
calculated means, variances, t-statistic values, and
t-test results (or results of statistical tests that the
Regional Administrator has determined to be equivalent).
[Note: The Permit Writer should include Permit Condition X.H.2. if
background values were not established prior to permit issuance.
The Permit Writer should specify when the year-long quarterly sample
analyses and computations for background values must be submitted if
they were not included or acceptable in the Part B Permit
Application.]
X.H.2. The established background values and the computations
necessary to determine background values must be submitted
to the Regional Administrator.
[Note: The regulations do not require the Permittee to routinely
submit all the ground-water sampling analytical results, statistical
evaluations or results of the annual determination of the ground-
water flow rate and direction. Such information is required to be
submitted when there are significant changes in hazardous
constituent concentrations or there are changes in the ground-water
flow rate or direction which negate or adversely alter monitoring
system effectiveness. The Permit Writer may require this "routine"
information. Include Permit Condition X.H.2. if the facility is to
submit the information on a regular basis.]
X.H.3. The Permittee shall submit the analytical results required
by Permit Conditions X.G.2. and X.G.3. and the results of
the initial statistical analyses required by Permit
Condition X.G.4., in accordance with the following
schedule: [Note: The Permit Writer should specify the
reporting schedule for ground-water sampling, the
statistical determination of ground-water sampling, and
the annual ground-water flow rate and direction
determination.]
X -
-------
September 1988
[The following is an example of a Quarterly Reporting
Schedule:
Samples to be Collected
During the Preceding Results Due to
Months of the Regional Administrator By
January - February April 15
April - May July 15
July - August October 15
October - November January 15]
X.H.4. If the Permittee determines, pursuant to Permit Condition
X.G., there is a statistically significant increase above
the background values for the indicator parameters
specified in Permit Condition X.C.I., the Permittee shall:
X.H.4.a. Notify the Agency in writing within seven days. [40
CFR 264.98(h)(l)]
X.H.4.b. Immediately sample the ground water in all wells and
determine the concentration of all constituents
identified in Appendix IX of 40 CFR 261. [40 CFR
264.98(h)(2)]
X.H.4.C. Establish the background values for each Appendix IX
constituent found in the ground water. [40 CFR
264.98(h)(3)]
X.H.4.d. Within 90 days, submit to the Agency an application
for a permit modification to establish a compliance
monitoring program. [40 CFR 264.98(h)(4)] The
application must include the following information:
X.H.4.d.l An identification of the concentration
of each Appendix IX constituent found
in the ground water at each monitoring
well at the compliance point. [40 CFR
264.98(4)(i)]
X.H.4.d.2 Any proposed changes to the ground-
water monitoring system at the
facility necessary to meet the
requirements of compliance monitoring
as described in 40 CFR 264.99. [40
CFR 264.98(h)(4)(ii)]
X.H.4.d.3 Any proposed changes to the monitoring
frequency, sampling and analysis
procedures, or methods or statistical
procedures used at the facility
X - 9
-------
September 1988
necessary to meet the requirements of
compliance monitoring as described in
40 CFR 264.99. [40 CFR
264.98(h)(4)(iii)]
X.H.4.d.4 For each hazardous constituent found
at the compliance point, a proposed
concentration limit, or a notice of
intent to seek an alternate
concentration limit for a hazardous
constituent [40 CFR 264.98(h)(4)(iv)]
X.H.4.e. Submit a corrective action feasibility plan to the
Agency within 180 days. [40 CFR 264.98(h)(5)]
X.H.5. If the Permittee determines, pursuant to Permit Condition
X.G., there is a statistically significant increase above
the background values for the parameters specified in
Permit Condition X.C.I., he may demonstrate that a source
other than a regulated unit caused the increase or that
the increase resulted from error in sampling, analysis, or
evaluation. In such cases, the Permittee shall:
X.H.S.a. Notify the Regional Administrator in writing within
seven (7) days that he intends to make a
demonstration. [40 CFR 264.98(i)(1)]
X.H.S.b. Within 90 days, submit a report to the Regional
Administrator which demonstrates that a source other
than a regulated unit caused the increase, or that
the increase resulted from error in sampling,
analysis, or evaluation. [40 CFR 264.98(i)(2) ]
X.H.5.C. Within 90 days, submit to the Regional Administrator
an application for a permit modification to make any
appropriate changes to the detection monitoring
program at the facility. [40 CFR 264.98(1) (3) ]
X.H.S.d. Continue to monitor in accordance with the detection
monitoring program at the facility. [40 CFR
264.98(i)(4)]
[Note: The Permittee need not submit a corrective action
feasibility plan, in accordance with 40 CFR 264.98(h)(5)(ii),
if the concentrations of all hazardous constituents identified
under Permit Condition X.H.5.b. do not exceed the respective
values listed in Table 1 of 40 CFR 264.94, or the Permittee has
sought an ACL variance for every hazardous constituent
identified under Permit Condition X.H.S.b.l
X - 10
-------
September 1988
X.I. ASSURANCE OF COMPLIANCE
The Permittee shall assure the Regional Administrator that ground-water
monitoring and corrective action measures necessary to achieve compliance
with the ground-water protection standard under 40 CFR 264.92 are taken
during the term of the Permit. [40 CFR 264.98(k)]
X.J. SPECIAL REQUIREMENTS IF SIGNIFICANT INCREASES OCCUR IN VALUES FOR
PARAMETERS OR CONSTITUENTS
If the Permittee has determined a statistically significant increase over
the background values for any of the parameters and/or constituents
identified in Permit Condition X.C.I., in accordance with statistical
procedures specified in Permit Condition X.F., the Permittee must:
X.J.I. Notify the Regional Administrator in writing, within seven
(7) days. The notification must indicate what parameters
or constituents have shown statistically significant
increases. [40 CFR 264.98(h)(1)]
X.J. 2. Immediately sample the ground water in all wells and
determine the concentration of all constituents identified
in Appendix IX of 40 CFR 261. [40 CFR 264.98(h)(2)]
X.J.3. Establish background values for each Appendix IX
constituent found in the ground water. [40 CFR
264.98(h)(3)]
X.J.4. Within 90 days, submit to the Regional Administrator an
application for a permit modification to establish a
compliance monitoring program. [40 CFR 264.98(h)(4)]
X.J. 5. Submit to the Regional Administrator a corrective action
feasibility plan within 180 days. [40 CFR 264.9800(5)]
[Note: The Permittee need not submit a corrective action
feasibility plan, in accordance with 40 CFR
264.98(h)(l)(ii), if the concentrations of all hazardous
constituents identified under Permit Condition X.H.4.b. do
not exceed the respective values listed in Table 1 of 40
CFR 264.94, or the Permittee has sought an ACL variance
for every hazardous constituent identified under Permit
Condition X.H.4.b.]
X.K. REQUEST FOR PERMIT MODIFICATION
If the Permittee or the Regional Administrator determines the detection
monitoring program no longer satisfies the requirements of the
regulations, the Permittee must, within 90 days of the determination,
submit an application for a permit modification to make any appropriate
X - 11
-------
September 1988
changes to the program which will satisfy the regulations. [40 CFR
264.98(j)]
X - 12
-------
September 1988
PERMIT ATTACHMENTS REFERENCED IN MODULE X - GROUND-WATER
DETECTION MONITORING
This list is provided to assist the Permit Writer in checking that all
Permit Attachments referenced in this module are attached to the Permit.
The purpose of the numbering scheme used here is to facilitate cross-
walking with the model permit conditions. The Permit Writer may select
other numbering schemes, as appropriate, when preparing actual Permits.
Permit Attachment No. Plan or Document
(from the Part B Permit Application)
G.W.I Maximum Concentration of Constituents
for Ground-Water Protection
G.W.2 Cochrans Approximation to the Behrens-
Fisher Student's T-Test
X-l* Facility map depicting the monitoring
well locations and regulated units
X-2* Plans and specifications for
monitoring well construction,
installation and maintenance
X-3* Methodology for Monitoring Well
Abandonment
X-4* Sampling and Analysis Plan
X-5* Alternative Statistical Procedures
These attachments are not part of the module. These attachments
should be in the facility's Part B Permit or may, as in the case of
Alternative Statistical Procedures, be supplied by the Regional
Administrator.
X - 13
-------
September 1988
ATTACHMENT G.W.I
(to Module X - Ground-Water Detection Monitoring)
Maximum Concentration of Constituents for
Ground-Water Protection
Constituent Maximum concentration
(Milligrams per liter)
Arsenic 0.05
Barium 1.0
Cadmium 0.01
Chromium 0.05
Lead 0.05
Mercury 0.002
Selenium 0.01
Silver 0.05
Endrin (1,2,3,4,10,10-
hexachloro-l,7-epoxy-l,4,
4a,5,6,7,8,9a-octahydro-1,
4-endo, endo-5,8-dimethano
naphthalene) 0.0002
Lindane (1,2,3,4,5,6-
hexachlorocyclohexane,
gamma isomer) 0.004
Methoxychlor (1,1,1-
Trichloro-2,2-bis (p-
methoxyphenylethane) 0.1
Toxaphene (C10H10C16,
Technical chlorinated
camphene, 67-69 percent
chlorine) 0.005
2,4-D (2,4-Dichlorophenoxyacetic
acid) 0.1
2,4,5-TP Silvex (2,4,5-
Trichlorophenoxypropionic
acid) 0.01
Source: 40 CFR 264.94, Table 1, July 1987.
X - 14
-------
September 1988
ATTACHMENT G.W.2
(To Module X - Ground-Water Detection Monitoring)
COCHRAN'S APPROXIMATION TO THE BEHRENS-FISHER STUDENT'S T-TEST
Using all the available background data (n^, readings), calculate the
background mean (Xg) and background variance (Sg ). For the single
monitoring well under investigation (1% reading), calculate the
monitoring mean (Xjj) and monitoring variance (Sm^) .
For any set of data (Xj_, X2-..Xn) the mean is calculated by:
_ X1+X2+...Xn
X =
n
and the variance is calculated by:
(XX-X)2 + (X2-X)2...+ (Xn-X)2
S2 -
n-1
where "n" denotes the number of observations in the set of data.
The t-test uses these data summary measures to calculate a t-statistic
(t*) and a comparison t-statistic (tc). The t value is compared to the
tc value and a conclusion reached as to whether there has been a
statistically significant change in any indicator parameter.
The t-statistic for all parameters except pH and similar monitoring
parameters is:
t V V
= Xm-Xn
«m nB
If the value of this t-statistic is negative then there is no significant
difference between the monitoring data and background data. It should be
noted that significantly small negative values may be indicative of a
failure of the assumption made for test validity or errors have been made
in collecting the background data.
The t-statistic (tc), against which t will be compared, necessitates
finding tg and tm from standard (one-tailed) tables where,
X - 15
-------
September 1988
tg=t-tables with (ng-1) degrees of freedom, at the 0.05 level of
significance.
tm=t-tables with (r^-l) degrees of freedom, at the 0.05 level of
significance.
Finally, the special weightings Wjj and Wm are defined as:
9 „ o
ST» ^
Wg = and Wm =
nB "m
and so the comparison t-statistic is:
The t-statistic (t ) is now compared with the comparison t-statistic (tc)
using the following decision-rule:
If t is equal to or larger than tc then conclude that there most
likely has been a significant increase in this specific parameter.
If t is less than tc then conclude that most likely there has not
been a change in this specific parameter.
The t-statistic for testing pH and similar monitoring parameters is
constructed in the same manner as previously described except the
negative sign (if any) is discarded and the caveat concerning the
negative value is ignored. The standard (two-tailed) tables are used in
the construction tc for pH and similar monitoring parameters.
If t is equal to or larger than tc, then conclude that there most likely
has been a significant increase (if the initial t had been negative,
this would imply a significant decrease). If t is less than tc, then
conclude that there most likely has been no change.
A further discussion of the test may be found in Statistical Methods (6th
Edition, Section 4.14) by G. W. Snedecor and W. G. Cochran, or Principles
and Procedures of Statistics (1st Edition, Section 5.8) by R. G. D. Steel
and J. H. Torrie.
I
X - 16
-------
September 1988
Standard T-Tables for a 0.05
Level of Significance
Degrees
of Freedom
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
30
40
t- values
(1-tail)
6 . 314
2.920
2.353
2.132
2.015
1.943
1.895
1.860
1.833
1.812
1.796
1.782
1.771
1.761
1.753
1.746
1.740
1.734
1.729
1.725
1.721
1.717
1.714
1.711
1.708
1.697
1.684
t- values
(2-tail)
12.706
4.303
3.182
2.776
2.571
2.447
2.365
2.306
2.262
2.228
2.201
2.179
2.160
2.145
2.131
2.120
2.110
2.101
2.093
2.086
2.080
2.074
2.069
2.064
2.060
2.042
2.021
Adapted from Table III of "Statistical Tables for Biological
Agricultural and Medical Researcb" (1947, R. A. Fisher and
F. Yates).
[47 FR 32367, July 26, 1982]
X - 17
-------
September 1988
MODULE XI - GROUND-WATER COMPLIANCE MONITORING
[Note: This module presents permit conditions addressing the regulatory
requirements for ground-water compliance monitoring programs (40 CFR
264.91, 264.98, and 264.99). A compliance monitoring program must be
established at the facility if the Permittee or the Regional
Administrator determines there is a statistically significant increase in
the concentration of hazardous constituents in the ground water at the
point of compliance. This determination is the result of either an
interim status assessment ground-water monitoring program [40 CFR 265.91]
or a detection ground-water monitoring program [40 CFR 264.98]. Federal
regulations 40 CFR 264.98(h)(4) and 270.14(c)(5) and (c)(7) require the
applicant to submit detailed plans and engineering reports describing the
proposed compliance monitoring program.]
[Note: The goal of compliance monitoring is to determine whether and
when leakage of hazardous constituents into the ground water exceeds
specified concentration limits. Compliance monitoring entails the
following:
1. Development of a list of all 40 CFR 261, Appendix IX hazardous
constituents present in the ground water which could have
reasonably been derived from the facility;
2. Specification of a concentration limit for each hazardous
constituent listed in the Permit;
3. Establishment of a ground-water protection standard at the
compliance point; and
4. Establishment of the duration of the compliance period.]
[Note: On July 9, 1987, a federal rule was finalized to require analysis
for 40 CFR 261, Appendix IX, rather than Appendix VIII, hazardous
constituents pursuant to 40 CFR 264.98 and 264.99, (1) if a statistically
significant increase occurs for any detection monitoring parameters or
constituents, and (2) annually under compliance monitoring. The Appendix
IX list is an abbreviated Appendix VIII list, with several constituents
added. This permit module incorporates the new rule.]
[Note: Under 40 CFR 264.91(b) the Regional Administrator may include one
or more of the following programs in a permit: (1) detection monitoring
(Module X), (2) compliance monitoring (Module XI), and (3) corrective
action [Module XII(A)]. If more than one program is included in the
Permit, the Permit Writer is to specify the circumstances or conditions
under which each program will be required. It is possible that more than
one program will be operable at the same time at a facility, or that the
programs will be conditional based on a sequence of events. For example,
the sequence set up in the Permit could include a detection monitoring
program that triggers an Appendix IX analysis that triggers a Permittee
XI - 1
-------
September 1988
option to apply for a variance (e.g., other contamination source or
sampling error) and if the Permittee fails to seek or fails to obtain a
variance, then compliance monitoring is triggered. The Permit could also
set the ground water protection standard, with a provision for the
Permittee to apply for an Alternate Concentration Limit (ACL) , and in the
absence of an ACL application or denial of an ACL, or exceedence of an
ACL or pre-set limit, the triggering of the corrective action program.
The corrective action program could include plume assessment, corrective
measures study and design, and implementation of corrective action.
Setting up such a sequence in the Permit reduces the number of permit
modifications that may be needed and decreases the administrative time
needed to get on with subsequent steps in the process and ultimately, the
time required to get corrective action under way, if needed.]
[Note: The Permit Writer should refer to the RCRA Permit Quality
Protocol for additional guidance in developing or reviewing permit
conditions. See discussion of the RCRA Permit Quality Protocol in the
Introduction to this Model Permit.]
XI.A. MODULE HIGHLIGHTS
[The Permit Writer should include a general discussion of the activities
covered by this module. The discussion should include the following
information: description of the waste management units for which
compliance monitoring is being conducted; number, location, and depth of
wells; which wells are upgradient and downgradient; hazardous
constituents and concentration limits; compliance period for each
hazardous waste management unit; special features associated with the
operation; and a reference to any special permit conditions.]
XI.B. WELL LOCATION. INSTALLATION AND CONSTRUCTION
[Note: For specific Agency guidance on monitoring well design and
construction, hydrogeologic site characterization, and location of
monitoring wells, the Permit Writer should consult the EPA RCRA Ground-
Water Monitoring Technical Enforcement Guidance Document (September
1986).]
The Permittee shall (install and) maintain a ground-water monitoring
system, as specified below: [40 CFR 264.99(b)]
XI.B.I. The Permittee shall (install and) maintain ground-water
monitoring wells at the locations specified on the map
presented in Permit Attachment XI-1. and in conformance
with the following list:
[Note: The map must show all monitoring well locations
and provide identifiers for each well. The number and
location of monitoring wells utilized for ground-water
monitoring is site specific. The number and location of
XI - 2
-------
September 1988
the wells must meet the requirements of 40 CFR 264.95
(Point of Compliance) and 40 CFR 264.97(a) or (b) (number,
location, and depth of wells). The ground-water
monitoring system must: yield samples in upgradient wells
that represent the quality of the background water
unaffected by leakage from any regulated unit(s); and, in
downgradient wells, yield samples that represent the
quality of water passing the point of compliance. The
number and location of monitoring wells must be sufficient
to identify and define all potential release pathways from
the regulated units based on site-specific hydrogeologic
characterization. The Permit Writer may require the
Permittee to selectively monitor a hydrologic zone that
the Permittee has not described as part of the uppermost
aquifer (e.g., perched water table); if based on
hydrogeological characteristics, the hydrogeologic zone is
an area of concern for the migration of hazardous
constituents from regulated units that can be transported
to any exposure point.]
XI.B.2. The Permittee shall (construct and) maintain the
monitoring wells identified in Permit Condition XI.B.l.,
in accordance with the plans and specifications presented
in Permit Attachment XI-2.
[Note: The plans and specifications in the Part B Permit
Application must meet the requirements of 40 CFR 264.97(a)
and (c). They should consist of design drawings and
design criteria applicable to all wells and individual
well specifications identifying depth and screened
intervals.]
[Note: If determined to be necessary to protect human health or the
environment, the Permit Writer may include Permit Condition XI.B.3.,
specifications on how monitoring wells are plugged and abandoned.
HSWA Section 212 provides EPA with this authority. Several states
have regulations which cover monitoring well abandonment.]
XI.B.3. All wells deleted from the monitoring program shall be
plugged and abandoned in accordance with Permit Attachment
XI-3. Well plugging and abandonment methods and
certification shall be submitted to the Regional
Administrator within [The Permit Writer should specify the
submittal period.] from the date the wells are removed
from the monitoring program.
XI - 3
-------
September 1988
XI.C. GROUND-WATER PROTECTION STANDARD
[Note: The Permit Writer must establish concentration limits for the
constituents listed in this condition, pursuant to 40 CFR 264.94(a) to
implement the ground-water protection standard. Concentration limits for
hazardous constituents are established at each waste management area to
determine the ground-water protection standard (GWPS) at the facility.
There are four ways to determine the concentration limits in establishing
the GWPS: (1) use of pooled background levels of the hazardous
constituents determined from facility ground-water monitoring; (2) use of
maximum constituent concentrations listed in Table 1, 40 CFR 264.94(a) -
Permit Attachment G.W.I to this module; (3) use of alternate
concentration limits (ACLs) proposed by the Permittee; or (4) the
concentration limits may be established at upgradient wells each time the
ground water is sampled at the compliance point, if there is a high
temporal correlation. The GWPS may be a combination of these four
methods. For detailed information on ACLs, consult the EPA Alternate
Concentration Limit Guidance (July 1987). The Permit Writer may
incorporate the background concentrations of hazardous constituents from
Table 1, 40 CFR 264.94(a), if background concentrations for these
constituents have not been established at the facility.]
XI.C.1. The Permittee shall monitor the ground water to determine
whether regulated units are in compliance with the ground-
water protection standard under 40 CFR 264.92. The
following hazardous constituents and their concentration
limits comprise the ground-water protection standard: [40
CFR 264.93 and 94]
Hazardous Constituents Concentration Limits
[Note: The Permit Writer should develop a list of
hazardous constituents to establish initial compliance
monitoring requirements using the following information
submitted by the Permittee in the Part B Permit
Application: waste analysis plan, waste characterization,
site hydrogeologic characterization, Appendix IX ground-
water sample analyses, and proposed monitoring
constituents. In addition to the hazardous constituents,
the Permit Writer may require the Permittee to monitor for
ground-water quality indicator parameters.]
[Note: The concentration limits should be determined from the mean
of pooled background data available for the concentrations of
hazardous constituents at the time of permitting, from Table 1 in 40
CFR 264.94(a) or approved ACLs. The Permittee should include Permit
Condition XI.C.2. if the Permittee has demonstrated a high temporal
correlation between upgradient and compliance point hazardous
constituents.] [40 CFR 264.99(c)(1)]
XI - 4
-------
September 1988
XI.C.2. The Permittee may establish the concentration limit by
sampling the upgradient well(s) each time ground water is
sampled at the compliance point. The concentration limit
for the hazardous constituent(s) must be determined
according to the following procedure:
[Note: the Permit Writer must specify the procedures used
for determining the concentration limit in Permit
Condition XI.C.2. The concentration limits may be
determined by Permit Condition XI.C.2. only if the
Permittee can demonstrate a high temporal correlation
between upgradient and compliance point concentrations for
hazardous constituents.]
XI.C.3. The Permittee shall monitor [The Permit Writer should
specify the well numbers to be monitored.] at the point of
compliance, as described in Permit Condition XI.B., and as
designated in Permit Attachment XI-1. [40 CFR 264.95]
XI.C.4. The compliance period, during which the ground-water
protection standard applies, is equal to months (or
years) [The Permit Writer should specify the applicable
time period. The compliance period shall begin at the
time the Permittee begins the compliance monitoring
program.] [40 CFR 264.96(b)] If the Permittee is
conducting corrective action at the end of the compliance
period specified, then the compliance period shall be
extended until the Permittee demonstrates that the ground-
water protection standard has not been exceeded for three
consecutive years. [40 CFR 264.96(c)]
XI.D. SAMPLING AND ANALYSIS PROCEDURES
The Permittee shall use the following techniques and procedures when
obtaining and analyzing samples from the ground-water monitoring wells
described in Permit Condition XI.B.: [40 CFR 264.97(d) and (e)]
XI.D.I. Samples shall be collected using the techniques described
in Permit Attachment XI-4.
XI.D.2. Samples shall be preserved [and shipped (when shipped off
site for analysis)], in accordance with the procedures
specified in Permit Attachment XI-4 .
XI.D.3. Samples shall be analyzed in accordance with the
procedures specified in Permit Attachment XI-4.
XI.D.4. Samples shall be tracked and controlled using the chain-
of-custody procedures specified in Permit Attachment XI-4.
XI - 5
-------
September 1988
[Note: The sampling and analysis procedures described in
the Part B Permit Application must be designed to provide
a reliable indication of ground-water quality below the
waste management area and be compatible with the
statistical analysis method.]
XI.D.5. The Permittee must determine the concentration of
hazardous constituents in the ground water at the
compliance point at least quarterly during the compliance
period which was specified in Permit Condition XI.C.3. [40
CFR 264.99(d)]
[Note: The Permit Writer can require more frequent
collection of samples, if necessary.]
XI.D.6 The Permittee must annually analyze samples from all
monitoring wells, at the compliance point, for all
constituents listed in Appendix IX, 40 CFR 261, during the
compliance period, [40 CFR 264.99(f)]
[Note: The Permit Writer can require more frequent
collection of Appendix IX samples, if necessary.]
XI.E. ELEVATION OF THE GROUND-WATER SURFACE
XI.E.I. The Permittee shall determine the ground-water surface
elevation at each monitoring well each time ground water
is sampled in accordance with Permit Condition XI.G. [40
CFR 264.97(f)]
[Note: The Permit Writer should include Permit Condition XI.E.2. if
new monitoring wells are installed. The surveyed ground surface
elevation of all existing monitoring wells is required on the
facility map from the Part B Permit Application.]
XI.E.2. The Permittee shall report the surveyed elevation of the
monitoring well(s) when installed (with as-built
drawings). [Note: The total depth of wells and the
elevation of the following should be recorded: top of
casing, ground surface and/or apron elevation, and the
protective casing.]
XI.F. STATISTICAL PROCEDURES
[Note: 40 CFR 264, Subpart F regulations were undergoing revisions at
the time this permit module was prepared. The new regulations will
specify six performance standards that the statistical methods and
sampling procedures must meet. The statistical procedures in this permit
module are based on 40 CFR 264, Subpart F, July 1, 1987.]
XI - 6
I
-------
September 1988
When evaluating the monitoring results in accordance with Permit
Condition XI.G., the Permittee shall use the following procedures:
[Note: The Permittee must use a statistical procedure that provides
reasonable confidence that the migration of hazardous constituents from a
regulated unit into and through the aquifer will be indicated. The
Permit Writer must specify a statistical procedure in the Permit that:
o Is appropriate for the distribution of the data used to
establish background values or concentration limits and
o Provides a reasonable balance between the probability of
falsely identifying a non-contaminating regulated unit and the
probability of failing to identify a contaminating regulated
unit.] [40 CFR 264.97(c)(2)(i) and (ii)]
XI.G. MONITORING PROGRAM AND DATA EVALUATION
The Permittee shall determine ground-water quality as follows:
XI.G.I. The Permittee shall collect, preserve, and analyze ground-
water samples pursuant to Permit Condition XI.D.
XI.G.2. The Permittee shall determine the concentration of
hazardous constituents (as specified in Permit Condition
XI.C) in ground water at each monitoring well (required
under Permit Condition XI.B.), at the compliance point,
during the compliance period. These determinations shall
be made [The Permit Writer should specify the frequency.
The frequency must be at least quarterly during the
compliance period.] [40 CFR 264.99(d)]
XI.G.3. The Permittee shall determine the ground-water flow rate
and direction in the uppermost aquifer at least annually.
[40 CFR 264.99(e)]
XI.G.4. The Permittee shall analyze samples from all monitoring
wells, at the compliance point, for all constituents
contained in 40 CFR 261, Appendix IX [The Permit Writer
should specify the frequency. The frequency must be at
least annually], to determine whether additional hazardous
constituents are present in the uppermost aquifer. If the
Permittee finds additional constituents present (i.e., not
listed in Permit Condition XI.C.), their concentrations
shall be reported to the Regional Administrator in writing
within seven (7) days from completion of the analysis.
[40 CFR 264.99(f)]
XI - 7
-------
September 1988
XI.G.5. For each hazardous constituent identified in Permit
Condition XI.C., the Permittee shall determine whether
there is a statistically significant increase (i.e., means
and variances) over the concentration limit for that
parameter or constituent each time the concentration of
hazardous constituents is monitored in ground water at the
compliance point, pursuant to Permit Condition XI.G.2. In
determining whether such an increase has occurred, the
Permittee shall compare the ground-water quality at each
monitoring well specified in Permit Condition XI.C. to the
concentration limit for that constituent, in accordance
with the procedures specified in Permit Condition XI.F.
[40 CFR 264.99(h)(l) and (h)(2)]
XI.G.6. The Permittee shall perform the statistical evaluation
required by Permit Condition XI.G.5. within [Note: The
Permit Writer should specify the time period, considering
the complexity of the statistical test and the
availability of laboratory facilities to perform the
ground-water sample analysis.] days from completion of the
sampling analysis. [40 CFR 264.99(h)(2)]
XI.H. REPORTING AND RECORDKEEPING
XI.H.I. The Permittee shall enter all monitoring, testing, and
analytical data obtained pursuant to Permit Condition
XI.G. in the operating record. The data must include all
computations, calculated means, variances, and results of
statistical tests. [40 CFR 264.73(b)]
[Note: The regulations do not require the Permittee to routinely
submit all the ground-water sampling analytical results, statistical
evaluations, or results of the annual determination of the ground-
water flow rate and direction. Such information is required to be
submitted when there are significant changes in hazardous
constituent concentrations or there are changes in the ground-water
flow rate or direction which negate or adversely alter monitoring
system effectiveness. However, the Permit Writer may require this
"routine" information. Include Permit Condition XI.H.2. if the
facility is to submit the information on a regular basis.]
XI.H.2. The Permittee shall submit the analytical results required
by Permit Conditions XI.E., XI.G.2., XI.G.3., and XI.G.5.,
in accordance with the following schedule:
XI - 8
-------
September 1988
[Note: The following is an example of a quarterly ground-
water report schedule:
Samples to be Collected
During the Preceding Results Due to
Months of the Regional Administrator By
January - February April 15
April - May July 15
July - August October 15
October - November January 15]
XI.H.3. If the Permittee determines, pursuant to Permit Condition
XI.G., there is a statistically significant increase above
the concentration limits for the constituents specified in
Permit Condition XI.C. (indicating that the ground-water
protection standard is being exceeded), the Permittee
shall notify the Regional Administrator in writing within
seven (7) days. (40 CFR 264.99(1)(1)]
XI.H.4. The Permittee shall report concentrations of any
additional Appendix IX constituents (i.e., not listed in
Permit Condition XI.C) to the Regional Administrator
within seven (7) days from completion of the analysis.
[40 CFR 264.99(f)]
XI.I. ASSURANCE OF COMPLIANCE
The Permittee shall assure that monitoring and corrective action measures
necessary to achieve compliance with the ground-water protection standard
are taken during the term of the Permit. [40 CFR 264.99(k)(1)]
XI.J. SPECIAL REQUIREMENT IF THE GROUND-WATER PROTECTION STANDARD IS
EXCEEDED
XI.J.I. The Permittee must notify the Regional Administrator in
writing within seven (7) days if the ground-water
protection standard has been exceeded at any monitoring
well. The notification must indicate which concentration
limits have been exceeded. [40 CFR 264.99(i)(1)]
XI.J. 2. The Permittee must submit to the Regional Administrator a
permit modification to establish a corrective action
program meeting 40 CFR 264.100 requirements within 180
days, or within 90 days if the Permittee has previously
submitted an engineering feasibility study. [40 CFR
264.99(i)(2)] [Note: The information requirements for the
permit modification are outlined in 40 CFR 264.99(1)(2)(i)
and (i)(2)(ii).J
XI - 9
-------
September 1988
XI.J.3. The Permittee may make a demonstration that the ground-
water protection standard was exceeded due to sources
other than a regulated unit or errors in sampling,
analysis or evaluation. [40 CFR 264.99(j)]
Xl.J.S.a. The Permittee must notify the Regional Administrator
in writing, within seven (7) days, that a
demonstration will be made. [40 CFR 264.99(j)(1)]
Xl.J.S.b. The Permittee must submit a report to the Regional
Administrator, within 90 days, that demonstrates that
a source other than a regulated unit caused the
ground-water protection standard to be exceeded or
that the apparent non-compliance was a result of an
error in sampling, analysis or evaluation. [40 CFR
264.99(j)(2)]
XI.J.3.C. The Permittee must submit to the Regional
Administrator within 90 days an application for a
permit modification to make any appropriate changes
in the compliance monitoring program at the facility.
[40 CFR 264.99(j)(3)]
Xl.J.S.d. The Permittee must continue the compliance monitoring
program in accordance with 40 CFR 264.99.
XI.J.4. If the Permittee or the Regional Administrator determines
that the compliance monitoring program no longer satisfies
the requirements of 40 CFR 264.99, the Permittee must
submit a permit modification application within 90 days of
the determination detailing appropriate changes to the
compliance monitoring program. [40 CFR 264.99(k)]
XI.K. REQUEST FOR PERMIT MODIFICATION
XI.K.I. If the Permittee or the Regional Administrator determines
the ground-water protection standard is being exceeded,
the Permittee shall submit to the Regional Administrator
an application for a permit modification to establish a
corrective action program. [40 CFR 264.99(i)(2)]
[Note: Submittal is required within 90 days if an
engineering feasibility study has been previously
submitted to the Regional Administrator; within 180 days
otherwise. The application content is described in 40 CFR
264.99(i)(2).]
I
XI - 10
-------
September 1988
XI.K.2. If the Permittee or the Regional Administrator determines
the compliance monitoring program no longer satisfies the
requirements of 40 CFR 264.99, then, within 90 days, the
Permittee must submit an application for a permit
modification to make any appropriate changes to the
program. [40 CFR 264.99(k)]
XI - 11
-------
September 1988
PERMIT ATTACHMENT REFERENCED IN MODULE XI - GROUND-WATER
COMPLIANCE MONITORING
This list is provided to assist the Permit Writer in checking that all
Permit Attachments referenced in this module are attached to the Permit.
The purpose of the numbering scheme used here is to facilitate cross-
walking with the model permit conditions. The Permit Writer may select
other number schemes, as appropriate, when preparing actual Permits.
Permit Attachment No. Plan or Document
(from the Part B Permit Application)
G.W.I Maximum Concentration of Constituents for
Ground-Water Protection
XI-1 Facility map depicting ground-water monitoring
wells and regulated units
XI-2 Plans and specifications for monitoring well
construction, installation and maintenance
XI-3 Methodology for monitoring well abandonment
XI-4 Sampling and Analysis Plan
XI-5 Statistical Procedures
XI - 12
-------
September 1988
ATTACHMENT G.W.I
(to Module XI - Ground-Water Compliance Monitoring)
Maximum Concentration of Constituents for
Ground-Water Protection
Constituent Maximum concentration
(Milligrams per liter)
Arsenic 0.05
Barium 1.0
Cadmium 0.01
Chromium 0.05
Lead 0.05
Mercury 0.002
Selenium 0.01
Silver 0.05
Endrin (1,2,3,4,10,10-
hexachloro-1,7-epoxy-1,4,
4a,5,6,7,8,9a-octahydro-l,
4-endo, endo-5,8-dimethano
naphthalene) 0.0002
Lindane (1,2,3,4,5,6-
hexachlorocyclohexane,
gamma isomer) 0.004
Methoxychlor (1,1,1-
Trichloro-2,2-bis (p-
methoxyphenylethane) 0.1
Toxaphene (CiQHioClg,
Technical chlorinated
camphene, 67-69 percent
chlorine) 0.005
2,4-D (2,4-Dichlorophenoxyacetic
acid) 0.1
2,4,5-TP Silvex (2,4,5-
Trichlorophenoxypropionic
acid) 0.01
Source: 40 CFR 264.94, Table 1, July 1987.
XI - 13
-------
September 1988
MODULE XII(A) - CORRECTIVE ACTION FOR REGULATED UNITS
[Note: This module provides permit conditions for waste management units
which have exceeded the ground-water protection standard at any
monitoring well at the point of compliance. If the ground-water
protection standard is exceeded at any monitoring well at the point of
compliance, a corrective action program must be implemented to bring the
unit back into compliance with the standard. A corrective action program
may be permitted separately after receipt of an application for a permit
modification or it may be specified as part of the Permit for the com-
pliance monitoring program.]
[Note: On July 9, 1987, a federal rule was finalized to require analysis
for 40 CFR 261, Appendix IX, rather than Appendix VIII, hazardous
constituents pursuant to 40 CFR 264.98 and 264.99, (1) if a statistically
significant increase occurs for any detection monitoring parameters or
constituents and (2) annually under compliance monitoring. The Appendix
IX list is an abbreviated Appendix VIII list, with some additional
constituents. This permit module incorporates this new rule.]
[Note: Under 40 CFR 264.91(b) the Regional Administrator may include one
or more of the following programs in a permit: (1) detection monitoring
(Module X), (2) compliance monitoring (Module XI), and (3) corrective
action [Module XII(A)]. If more than one program is included in the
Permit, the Permit Writer is to specify the circumstances or conditions
under which each program will be required. It is possible that more than
one program will be operable at the same time at a facility, or that the
programs will be conditional based on a sequence of events. For example,
the sequence set up in the Permit could include a detection monitoring
program that triggers an Appendix IX analysis that triggers a Permittee
option to apply for a variance (e.g., other contamination source or
sampling error) and if the Permittee fails to seek or fails to obtain a
variance, then compliance monitoring is triggered. The Permit could also
set the ground water protection standard, with a provision for the
Permittee to apply for an Alternate Concentration Limit (ACL), and in the
absence of an ACL application or denial of an ACL, or exceedence of an
ACL or pre-set limit, the triggering of the corrective action program.
The corrective action program could include plume assessment, corrective
measures study and design, and implementation of corrective action.
Setting up such a sequence in the Permit reduces the number of permit
modifications that may be needed and decreases the administrative time
needed to get on with subsequent steps in the process and ultimately, the
time required to get corrective action under way, if needed.]
XII(A) - 1
-------
September 1988
[Note: The Permit Writer should refer to the RCRA Permit Quality
Protocol for additional guidance in developing or reviewing permit
conditions. See discussion of the RCRA Permit Quality Protocol in the
Introduction to this Model Permit.]
XII(A).A. MODULE HIGHLIGHTS
[The Permit Writer should include a general discussion of the activities
covered by this module. The discussion should contain the following
information: description of the waste management unit(s) for which
corrective action is required; number, location, and depth of monitoring
wells; which wells are upgradient and downgradient; hazardous
constituents and concentration limits; compliance period for each waste
management unit; any special features associated with the operation; and
a reference to any special permit conditions.]
XII(A).B. WELL LOCATION. INSTALLATION AND CONSTRUCTION
[Note: For specific Agency guidance on monitoring well design and
construction, hydrogeologic site characterization and location of
monitoring wells, the Permit Writer should consult the EPA RCRA Ground-
Water Monitoring Technical Enforcement Guidance Document (September
1986).]
The Permittee shall (install and) maintain a ground-water monitoring
system to comply with the requirements specified below: [40 CFR
264.100(d)]
XII(A).B.I. The Permittee shall (install and) maintain ground-
water monitoring wells at the locations specified on
the map in Permit Attachment XII(A)-1 and in
conformance with the following list: [40 CFR
264.100(a)(3) and (d)]
[Note: The Permit Writer should specify the number
and locations of upgradient and downgradient wells.
A brief description of the locations of the wells,
relative to the regulated units and geological
formations, should also be provided. The description
should identify the spacing of wells and screened
depths (intervals).]
[Note: The map must show all monitoring well
locations and provide unique identifiers for each
well. The number and location of the wells must meet
the requirements of 40 CFR 264.95 (Point of
Compliance) and 40 CFR 264.97(a) or (b) (number,
location, and depth of wells). The number and
XII(A) - 2
I
-------
September 1988
location of monitoring wells must be sufficient to
identify and define all potential release pathways
from the regulated units based on site-specific
hydrogeologic characterization. The map should make
a distinction among point-of-compliance wells,
withdrawal wells (for pump and treat systems), and
observation wells or piezometers. This may include
the area between the point of compliance and the
facility boundary.]
XII(A).B.2. The Permittee shall (construct and) maintain the
monitoring wells identified in Permit Condition
XII(A).B.l., in accordance with the plans and
specifications presented in Permit Attachment XII(A)-
2. [40 CFR 264.100(d)]
[Note: The plans and specifications contained in the
Part B Permit Application must meet the requirements
of 40 CFR 264.97(c). They should consist of design
drawings and design criteria applicable to all wells,
as well as individual well specifications identifying
depth, and location of screened intervals.]
[Note: If determined to be necessary to protect human health or the
environment, the Permit Writer should include Permit Condition
XII(A).B.3., specifications on how monitoring wells are plugged and
abandoned. HSWA Section 212 provides EPA with this authority. Several
states also have regulations which cover monitoring well abandonment.]
XII(A).B.3. All wells deleted from the monitoring program shall
be plugged and abandoned in accordance with Permit
Attachment XII(A)-3. Well plugging and abandonment
methods and certification shall be submitted to the
Regional Administrator within [The Permit Writer
should specify the submittal period.] from the date
the wells are removed from the monitoring program.
XII(A).C. GROUND-WATER PROTECTION STANDARD
[Note: The Permit Writer must establish concentration limits for the
constituents listed in this section, pursuant to 40 CFR 264.94(a), to
implement the ground-water protection standard. (The concentration
limits may have been established in the Compliance Monitoring Module.)
Concentration limits for hazardous constituents are established for each
waste management area to determine the ground-water protection standard
(GWPS) at the facility. There are four ways concentration limits can be
established to set the GWPS: (1) pooled background levels of the
hazardous constituents determined from facility ground-water monitoring;
XII(A) - 3
-------
September 1988
(2) maximum constituent concentrations listed in Table 1, 40 CFR
264.94(a) - which is Permit Attachment G.W.I to this module; (3)
alternate concentration limits (ACLs) proposed by the Permittee; or (4)
the concentration limits may be established through sampling at
upgradient wells each time the ground water is sampled at the compliance
point, if there is a high temporal correlation. The GWPS may be a
combination of these four methods. For detailed information on ACLs,
consult the EPA Alternate Concentration Limit Guidance (July 1987).
XII(A).C.I. The Permittee shall implement a corrective action
program to ensure that regulated units are in
compliance with the ground-water protection
standard. [40 CFR 264.100(d)] The following
hazardous constituents and their concentration limits
comprise the ground-water protection standard: [40
CFR 264.93 and 264.94]
Hazardous Concentration
Constituents Limits
XII(A).C.2. The Permittee shall monitor [The Permit Writer should
specify the identification number(s) of the well(s)
to be monitored.] at the point of compliance, and
those wells between the point of compliance and the
facility boundary, as described in Permit Condition
XII(A).B., and as designated in Permit Attachment
XII(A)-2. [40 CFR 264.95 and 264.100(d)]
XII(A).C.3. The Permittee shall monitor for the following
hazardous constituents during the compliance period.
[The Permit Writer should specify the compliance
period.] [40 CFR 264.93]
[Note: The Permit Writer should develop a list of
monitoring constituents to establish initial
monitoring requirements using the following
information submitted by the Permittee; waste
analysis plan, waste characterization, site
hydrogeologic characterization, Appendix IX ground-
water sample analyses determined from compliance
monitoring, proposed monitoring constituents,
corrective action program, and engineering
feasibility study.]
XII(A) - 4
-------
September 1988
XII(A).D. CORRECTIVE ACTION PROGRAM
XII(A).D.I. The Permittee shall begin corrective action within
[The Permit Writer should specify the time period.]
from the time the ground-water protection standard
was exceeded. [40 CFR 264.100(c)]
XII(A).D.2. The Permittee shall implement a corrective action
program that prevents hazardous constituents from
exceeding their respective concentration limits (as
required under Permit Condition XII(A).D.I.) at the
compliance point by removing the hazardous waste
constituents or by treating them in place. [40 CFR
264.100(b)]
XII(A).D.3. The Permittee shall conduct a corrective action
program to remove or treat in place any hazardous
constituents that exceed concentration limits in
ground water between the compliance point and the
downgradient facility property boundary, in
accordance with the procedures specified in Permit
Attachment XII(A)-4.. [40 CFR 264.100(e)]
[Note: The Permit Writer must specify the corrective
action measures to be taken and the schedule in which
these measures are to be taken. The corrective
action program and engineering feasibility study
submitted by the Permittee should contain all
appropriate measures to ensure that ground-water
quality will achieve compliance in a reasonable time
period. The Permit Writer may want to utilize the
corrective action program (and the engineering
feasibility study) as an Attachment(s). The
corrective action measures must be Initiated and
completed within a reasonable period of time and may
be terminated once the concentrations of hazardous
constituents are reduced to levels below their
respective concentration limits, as specified in
Permit Condition XII(A).C.] [40 CFR 264.100(f)]
XII(A).D.4. If the ground-water protection standard is met during
the compliance period, the Permittee shall continue
corrective action to the extent necessary to ensure
that the ground-water protection standard is not
exceeded. If corrective action is required beyond
the compliance period, it must continue until the
XII(A) - 5
-------
September 1988
ground-water protection standard has not been
exceeded for three consecutive years. [40 CFR
264.100(f)]
XII(A).E. SAMPLING AND ANALYSIS PROCEDURES
The Permittee shall use the following techniques and procedures when
obtaining and analyzing samples from the ground-water monitoring wells
described in Permit Condition XII(A).B.: [40 CFR 264.97(d) and (e)]
XII(A).E.I. Samples shall be collected by the techniques
described in Permit Attachment XII(A)-5.
XII(A).E.2. Samples shall be preserved [and shipped (when shipped
off site for analysis)], in accordance with the
procedures specified in Permit Attachment XII(A)-5.
XII(A).E.3. Samples shall be analyzed according to the procedures
specified in Permit Attachment XII(A)-5.
XII(A).E.4. Samples shall be tracked and controlled using the
chain-of-custody procedures specified in Permit
Attachment XII(A)-5.
[Note: The sampling and analytical procedures
described in the Part B Permit Application must be
designed to provide a reliable indication of the
quality of the ground water below the facility, as
required by 40 CFR 264.97(d) and (e), and be
compatible with the statistical analysis method.]
XII(A).F. GROUND-WATER SURFACE ELEVATION
XII(A).F.I. The Permittee shall determine the ground-water
surface elevation at each well each time ground water
is sampled, in accordance with Permit Condition
XII(A).H. [40 CFR 264.97(f)]
[Note: The Permit Writer should include Permit Condition
XII(A).F.2. if new monitoring wells are installed. The surveyed
ground surface elevation of all existing monitoring wells is
required on the facility map in the Part B Permit Application.]
XII(A).F.2. The Permittee shall report the surveyed elevation of
the monitoring well(s) when the well(s) is (are)
installed. [Note: The total depth of wells and the
XII(A) - 6
I
-------
September 1988
elevation of the following should be reported: top of
casing, ground surface and/or apron elevation, and
the protective casing.]
XII(A).G. STATISTICAL PROCEDURES
[Note: 40 CFR 264 Subpart F regulations were undergoing revisions at the
time this permit module was prepared. The new regulations will specify
six performance standards that the statistical method and sampling
procedures must meet. The statistical procedures in this permit module
are based on 40 CFR 264 Subpart F, July 1, 1987.]
When evaluating the monitoring results to determine the effects of
corrective action measures, in accordance with Permit Condition
XII(A).H., the Permittee shall use the following procedures:
[Note: The Permittee must use a procedure for determining whether a
statistically significant change has occurred. The procedure must
reasonably balance the probability of falsely identifying a non-
contaminating regulated unit and the probability of failing to identify a
contaminating regulated unit.]
The Permittee shall conduct the statistical procedures as presented in
Permit Attachment XII(A)-6.
XII(A).H. MONITORING PROGRAM AND DATA EVALUATION
The Permittee shall establish and implement a ground-water monitoring
program to demonstrate the effectiveness of the corrective action
program. Ground-water monitoring shall be conducted and shall be as
effective as the program for compliance monitoring under 40 CFR 264.97
and 40 CFR 264.99. The Permittee shall determine ground-water quality as
follows:
XII(A).H.l. The Permittee shall collect, preserve and analyze
samples in accordance with Permit Condition XII(A).E.
XII(A).H.2. The Permittee shall determine the concentrations of
the hazardous constituents specified in Permit
Condition XII(A).C., throughout the compliance period
and any extensions due to corrective action
implementation, to demonstrate conformance with the
ground-water protection standard. [40 CFR 264.96]
The Permittee shall determine the concentration of
hazardous constituents in ground water at each
monitoring well at the compliance point, at least
quarterly. [40 CFR 264.100(d)]
XII(A) - 7
-------
September 1988
[Note: The Permit Writer may specify more frequent
monitoring, if necessary.]
XII(A).H.3. The Permittee shall analyze samples from all
monitoring wells at the compliance point for all
constituents contained in 40 CFR 261, Appendix IX
[Note: The frequency to be specified must be at
least annually.], to determine if additional
hazardous constituents are present in the uppermost
aquifer. If the Permittee finds additional hazardous
constituents present (i.e., not listed in Permit
Condition XII(A).C.), their concentrations shall be
reported to the Regional Administrator in writing
within seven days from completion of the analysis.
XII(A).H.4. The Permittee shall determine the ground-water flow
rate and direction in the uppermost aquifer at least
annually. [40 CFR 264.98(e)]
XII(A).H.5. The Permittee shall statistically compare the
measured concentration of each monitored hazardous
constituent with its concentration limit in the
ground-water protection standard each time ground-
water quality is determined, in accordance with
Permit Condition XII(A).H.2. The Permittee must
compare the ground-water quality measured at each
point of the compliance monitoring well and any other
specified wells, as stated in Permit Condition
XII(A).C. and in accordance with the procedures
specified in Permit Condition XII(A).G.
XII(A).I. RECORDKEEPING AND REPORTING
XII(A).I.I. The Permittee shall enter all monitoring, testing and
analytical data obtained, according to Permit
Condition XII(A).H.2., in the operating record. The
data must include all computations, calculated means,
variances, and results of the statistical test(s)
that the Regional Administrator has specified. [40
CFR 264.73(b)(6)]
XII(A).I.2. The Permittee shall report, in writing, semi-annually
to the Regional Administrator on the effectiveness of
the corrective action program. These reports shall
be submitted on [April 1 and October 1, for example]
of each year until the corrective action program has
been completed. [40 CFR 264.100(g)]
XII(A) - 8
-------
September 1988
[Note: The regulations do not require the Permittee
to routinely submit all the ground-water sampling
analytical results, statistical evaluations or
results of the annual determination of the ground-
water flow rate and direction. Such information is
required to be submitted when there are significant
changes in hazardous constituent concentrations or
there are significant changes in the ground-water
flow rate or direction which negate or adversely
alter the monitoring system effectiveness. The
Permit Writer may require this "routine" information.
Include Permit Condition XII(A).I.3. if the facility
is to submit the information on a regular basis.]
XII(A).I.3. The Permittee shall submit the analytical results
required by Permit Conditions XII(A).F., XII(A).H.2.,
XII(A).H.3., XII(A).H.4., and XII(A).H.5., in
accordance with the following schedule:
[Note: The Permit Writer should specify the report
schedule for ground-water sampling, the statistical
evaluation of ground-water sampling results, and the
determination of the ground-water flow rate and
direction.
Example of a Quarterly Ground-Water Report Schedule:
Samples to be Collected
During the Preceding Results Due to
Months of the Regional Administrator By
January - February April 15
April - May July 15
July - August October 15
October - November January 15]
XII(A).J. REQUEST FOR PERMIT MODIFICATION
If the Permittee or the Regional Administrator determines that the
corrective action program established by this Permit no longer satisfies
the regulatory requirements, then the Permittee must submit an
application for a permit modification within 90 days to make any
appropriate changes to the program. [40 CFR 264.100(h)]
XII(A) - 9
-------
September 1988
PERMIT ATTACHMENTS REFERENCED IN MODULE XII(A) - CORRECTIVE ACTION
FOR REGULATED UNITS
This list is provided to assist the Permit Writer in checking that all
Permit Attachments referenced in this module are attached to the Permit.
The purpose of the numbering scheme used here is to facilitate cross-
walking with the model permit conditions. The Permit Writer may select
other numbering schemes, as appropriate, when preparing actual Permits.
Permit Attachment No. Plan or Document
(from the Part B Permit Application)
G.W.I Maximum Concentration of Constituents
for Ground-Water Protection
XII(A)-1 Facility Map depicting the monitoring
well locations and regulated units
XII(A)-2 Plans and specifications for
monitoring well construction,
installation and maintenance
XII(A)-3 Methodology for Monitoring Well
Abandonment
XII(A)-4 Corrective Action Program
XII(A)-5 Sampling and Analysis Plan
XII(A)-6 Statistical Procedures
XII(A) - 10
-------
September 1988
ATTACHMENT G.W.I
(to Module XII(A) - Corrective Action for Regulated Units)
Maximum Concentration of Constituents for
Ground-Water Protection
Constituent Maximum concentration
(Milligrams per liter)
Arsenic 0.05
Barium 1.0
Cadmium 0.01
Chromium 0.05
Lead 0.05
Mercury 0.002
Selenium 0.01
Silver 0.05
Endrin (1,2,3,4,10,10-
hexachloro-1,7-epoxy-1,4,
4a,5,6,7,8,9a-octahydro-l,
4-endo, endo-5,8-dimethano
naphthalene) 0.0002
Lindane (1,2,3,4,5,6-
hexachlorocyclohexane,
gamma isomer) 0.004
Methoxychlor (1,1. '. -
Trichloro-2,2-bis (p-
methoxyphenylethane) 0.1
Toxaphene (C10HioCl6,
Technical chlorinated
camphene, 67-69 percent
chlorine) 0.005
2,4-D (2,4-Dichlorophenoxyacetic
acid) 0.1
2,4,5-TP Silvex (2,4,5-
Trichlorophenoxypropionic
acid) 0.01
Source: 40 CFR 264.94, Table 1, July 1987.
XII(A) - 11
-------
September 1988
MODULE XII(B) - CORRECTIVE ACTION FOR SOLID WASTE MANAGEMENT UNITS
[This Module is currently being revised and will be distributed
wben redrafted.]
XII(B) - 1
-------
September 1988
MODULE XIII - POST-CLOSURE CARE
[Note: Include this permit module in all permits for landfills, surface
impoundments, and land treatment units used for the disposal of hazardous
waste. In addition, this module should be used for contingent post-
closure care of surface impoundments, waste piles, and tank systems, used
for storing or treating hazardous waste, that will be closed as landfills
because clean-closure could not be accomplished.]
[Note: This module should also be used for Post-Closure Permits. Post-
Closure Permits are required under 40 CFR 270.l(c) for "any unit which
closes after January 26, 1983," i.e., for closing interim status
facilities. Relevant conditions from the other modules also need to be
included in the permit (see discussion in the Model Permit
introduction).]
[Note: The Permit Writer should refer to the RCRA Permit Quality
Protocol for additional guidance in developing or reviewing permit
conditions. See discussion of the RCRA Permit Quality Protocol in the
Introduction to this Model Permit.]
XIII.A. MODULE HIGHLIGHTS
[The Permit Writer should include a general discussion of the activities
covered by this module. The discussion should contain the following
information for each unit or group of units: types of wastes disposed in
the unit; anticipated date of closure and the length of post-closure care
for each unit; planned monitoring and maintenance activities; any special
features associated with the post-closure care operation; and a reference
to any special permit conditions.]
XIII.B. UNIT IDENTIFICATION
The Permittee shall provide post-closure care for the following hazardous
waste management units, subject to the terms and conditions of this
permit, and as described as follows:
Type of Unit No. Maximum Description
Waste or Other Waste of Wastes Hazardous
Unit Designation Inventory Contained Waste No.
[Example:
Landfill Cells 1 1,000 yd3 Dust from K061
through 9 steel furnace
Lead smelting
dust K069]
XIII - 1
-------
September 1988
[Note: If the number of hazardous wastes in the unit(s) subject to post-
closure care is large, the Permit Writer should use a separate attachment
(Permit Attachment XIII-1) to list the wastes, in lieu of listing them
all directly in Permit Condition XIII.B.]
XIII.C. POST-CLOSURE PROCEDURES AND USE OF PROPERTY
XIII.C.I. The Permittee shall conduct post-closure care for
each hazardous waste management unit listed in Permit
Condition XIII.B. above, to begin after completion of
closure of the unit and continue for 30 years after
that date, except that the 30-year post-closure care
period may be shortened upon application and
demonstration approved by EPA that the facility is
secure, or may be extended by EPA if the Regional
Administrator finds this is necessary to protect
human health and the environment. [40 CFR
264.117(a)]
[Note: The Regional Administrator may shorten the
post-closure care period if he finds that human
health and the environment will be protected
sufficiently. This could be determined through, for
example, leachate or groundwater monitoring results,
inherent characteristics of the hazardous wastes,
application of treatment or other control technology
that indicate that the hazardous waste management
unit or facility is secure.] [40 CFR
264.117(a)(2)(i)]
[Note: The Regional Administrator may extend the
post-closure care period if he finds that this is
necessary to protect human health or the
environment. A basis for this determination could be
leachate or groundwater monitoring results that
indicate a potential for migration of hazardous
wastes at levels which may be harmful to human health
and the environment.] [40 CFR 264.117(a)(2)(ii)]
[Note: The length of the post-closure care period
may be set in the original permit, in which case it
should be justified in the Administrative Record; or
may be shortened or extended upon a permit
modification.]
XIII.C.2. The Permittee shall maintain and monitor the ground-
water monitoring system and comply with all other
applicable requirements of 40 CFR Part 264 Subpart F
during the post-closure period. [40 CFR
XIII - 2
-------
September 1988
264.Ill(a)(1)] [The Permit Writer should refer to and
use, as appropriate, Modules X, XI, and XII(A) in
developing conditions to satisfy the Subpart F
requirements.]
[Note: The Permit Writer should include Permit Conditions
XIII.C.3., XIII.C.4., and/or XIII.C.5., depending on the type of
disposal units covered by the permit. Permit Condition XIII.C.5.
should be used for surface impoundments, waste piles, and tank
systems used for storing or treating hazardous waste that cannot be
clean-closed and must be closed as landfills.]
XIII.C.3. The Permittee shall comply with the requirements for
surface impoundments as follows: [40 CFR
264.228(b)(l) and (3)]
XIII.C.3.a. Maintain the integrity and effectiveness of the
final cover, including making repairs to the
cap, as necessary, to correct the effects of
settling, subsidence, erosion, and other events;
and
XIII.C.3.b. Prevent run-on and run-off from eroding or
otherwise damaging the final cover.
XIII.C.4. The Permittee shall comply with the requirements for
land treatment units as follows: [40 CFR 264.280(c)]
XIII.C.4.a. Continue all operations (including pH control)
necessary to enhance degradation and
transformation and sustain immobilization of
hazardous constituents in the treatment zone to
the extent that such measures are consistent
with other post-closure care activities;
XIII.C.4.b. Maintain a vegetative cover over closed portions
of the facility;
XIII.C.4.c. Maintain the run-on control system required
under 40 CFR 264.273(c); and
XIII.C.4.d. Maintain the run-off management system required
under 40 CFR 264.273(d).
[Note: The Permit Writer should also include Permit Conditions
XIII.C.4.e., XIII.C.4.f., and/or XIII.C.4.g., if applicable.]
XIII.C.4.e. Control wind dispersal of hazardous waste as
required under 40 CFR 264.273(f).
XIII - 3
-------
September 1988
XIII.C.4.f. Continue to comply with any prohibitions or
conditions concerning growth of food-chain crops
required under 40 CFR 264.276.
XIII.C.4.g. Continue unsaturated zone monitoring required
under 40 CFR 264.278.
[Note: The Permittee may terminate soil-pore
liquid monitoring 90 days after the last
application of waste to the treatment zone.]
[40 CFR 264.280(c)(7)]
XIII.C.5. The Permittee shall comply with the requirements for
landfills, as follows: [40 CFR 264.310(b)]
XIII.C.5.a. Maintain the integrity and effectiveness of the
final cover, including making repairs to the
cap, as necessary, to correct the effects of
settling, subsidence, erosion, or other events;
XIII.C.5.b. Continue to operate the leachate collection and
removal system until leachate is no longer
detected;
XIII.C.5.c. Maintain and monitor the ground-water monitoring
system and comply with all other applicable
requirements of 40 CFR Subpart F;
XIII.C.5.d. Prevent run-on and run-off from eroding or
otherwise damaging the final cover; and
XIII.C.5.e. Protect and maintain surveyed benchmarks used in
complying with the surveying and recordkeeping
requirements of 40 CFR 264.309.
[Note: The Permit Writer should include Permit Condition XIII.C.6.
if he determines that the Permittee must continue to comply with any
of the security requirements of 40 CFR 264.14 during part or all of
the post-closure period. The condition should be included when
hazardous waste may remain exposed after completion of partial or
final closure; or access by the public or domestic livestock may
pose a hazard to human health.]
XIII.C.6. The Permittee shall comply with all security
requirements, as specified in Permit Attachment XIII-
2. [40 CFR 264.117(b)]
XIII.C.7. The Permittee shall not allow any use of the units
designated in Permit Condition XIII.B. which will
XIII - 4
-------
XIII.C.8.
September 1988
disturb the integrity of the final cover, liners, any
components of the containment system, or the function
of the facility's monitoring systems during the
post-closure care period. [40 CFR 264.117(c)]
[Note: The Regional Administrator may allow a
variance to this condition if a disturbance is
necessary to the proposed use of the property and
will not increase the potential hazard to human
health or the environment, or is necessary to reduce
a threat to human health and or the environment.]
[40 CFR 264.117(c)(l) and (2)]
The Permittee shall implement the Post-Closure Plan,
Permit Attachment 11-11. All post-closure care
activities must be conducted in accordance with the
provisions of the Post-Closure Plan. [40 CFR
264.117(d) and 264.118(b)]
XIII.D.
INSPECTIONS
The Permittee shall inspect the components, structures, and equipment at
the site in accordance with the Inspection Schedule, Permit Attachment
II-3. [40 CFR 264.117(a)(l)(ii)]
XIII.E.
NOTICES AND CERTIFICATION
XIII.E.I. No later than 60 days after certification of closure
of each permitted hazardous waste disposal unit, the
Permittee shall submit to the local zoning authority,
or the authority with jurisdiction over local land
use, and to the Regional Administrator a record of
the type, location, and quantity of hazardous wastes
disposed of within each cell or other disposal unit
of the facility. For hazardous wastes disposed of
before January 12, 1981, the Permittee shall identify
the type, location, and quantity of the hazardous
wastes to the best of his knowledge and in accordance
with any records he has kept. [40 CFR 264.119(a)]
XIII.E.2. Within 60 days of certification of closure of the
first and the last hazardous waste disposal unit, the
Permittee shall:
XIII.E.2.a. Record, in accordance with (Permit
Writer should insert state name) law, a notation
on the deed to the facility property -- or on
some other instrument that is normally examined
during the title search -- that will in
XIII - 5
-------
September 1988
perpetuity notify any potential purchaser of the
property that:
(i) The land has been used to manage
hazardous wastes;
(ii) Its use is restricted under 40 CFR
Part 264 Subpart G regulations; and
(iii) The survey plat and record of the
type, location, and quantity of
hazardous wastes disposed of within
each cell or other hazardous waste
disposal unit of the facility have
been filed with the Regional
Administrator and (Permit
Writer should insert name of local
zoning authority or the authority with
jurisdiction over local land use).
XIII.E.2.b. Submit a certification to the Regional
Administrator, signed by the Permittee, that he
has recorded the notation specified in Permit
Condition XIII.E.2.a., including a copy of the
document in which the notation has been placed.
[40 CFR 264.119(b)]
XIII.E.3. If the Permittee or any subsequent owner or operator
of the land upon which the hazardous waste disposal
unit is located, wishes to remove hazardous wastes
and hazardous waste residues, the liner, if any; or
contaminated soils, then he shall request a
modification to this post closure permit in
accordance with the applicable requirements in 40 CFR
Parts 124 and 270. The Permittee or any subsequent
owner or operator of the land shall demonstrate that
the removal of hazardous wastes will satisfy the
criteria of 40 CFR 264.117(c). [40 CFR 264.119(c)]
[Note: By removing hazardous waste, the Permittee
may become a generator of hazardous waste and must
manage it in accordance with all applicable RCRA
requirements. If he is granted a permit modification
or otherwise granted approval to conduct such removal
activities, the Permittee may request that the
Regional Administrator approve either:
XIII - 6
-------
ft
September 1988
a. The removal of the notation on the deed to the
facility property or other instrument normally
examined during title search or
b. The addition of a notation to the deed or
instrument indicating the removal of the
hazardous waste.]
XIII.E.4. No later than 60 days after completion of the
established post-closure care period for each
hazardous waste disposal unit, the Permittee shall
submit to the Regional Administrator, by registered
mail, a certification that the post-closure care for
the hazardous waste disposal unit was performed in
accordance with the specifications in the approved
Post-Closure Plan. The certification must be signed
by the Permittee and an independent, registered
professional engineer. Documentation supporting the
independent, registered professional engineer's
certification must be furnished to tHe Regional
Administrator upon request until the Regional
Administrator releases the Permittee from the
financial assurance requirements for post-closure
care under 40 CFR 264.145(1). [40 CFR 264.120]
XIII.F. FINANCIAL ASSURANCE
XIII.F.I. The Permittee shall maintain financial assurance
during the post-closure period and comply with all
applicable requirements of 40 CFR Part 264 Subpart H.
[40 CFR 264.145]
[Note: The Permit Writer should include conditions that cover the
procedures the Permittee must follow to be released from financial
assurance or to be reimbursed for post-closure care. The procedures
will vary according to the type of financial assurance mechanism
used. Permit Conditions XIII.F.2. and XIII.F.3. are sample
conditions for cases where a post-closure trust fund is used.]
XIII.F.2. The Permittee shall demonstrate to the Regional
Administrator that the value of the financial
assurance mechanism exceeds the remaining cost of
post-closure care, in order for the Regional
Administrator to approve a release of funds. [40 CFR
264.145(a)(10)]
XIII.F.3. The Permittee (or any other person authorized to
conduct post-closure care) shall submit itemized
bills to the Regional Administrator when requesting
XIII - 7
-------
September 1988
reimbursement for post-closure care. [40 CFR
264.145(a)(ll)]
XIII.G. POST-CLOSURE PERMIT MODIFICATIONS
The Permittee must request a permit modification to authorize a change in
the approved Post-Closure Plan. This request must be in accordance with
applicable requirements of 40 CFR Parts 124 and 270, and must include a
copy of the proposed amended Post-Closure Plan for approval by the
Regional Administrator. The Permittee shall request a permit
modification whenever changes in operating plans or facility design
affect the approved Post-Closure Plan, there is a change in the expected
year of final closure, or other events occur during the active life of
the facility that affect the approved Post-Closure Plan. The Permittee
must submit a written request for a permit modification at least 60 days
prior to the proposed change in facility design or operation, or no later
than 60 days after an unexpected event has occurred which has affected
the Post-Closure Plan. [40 CFR 264.118(d)]
[Note: The wording of this Permit Condition should be altered for post-
closure permits (i.e., the references to expected year of final closure
and events during the active life), and checked against the forthcoming
rule amendments regarding permit modifications.]
XIII -
-------
September 1988
PERMIT ATTACHMENTS REFERENCED IN MODULE XIII - POST-CLOSURE CARE
This list is provided to assist the Permit Writer in checking that all
Permit Attachments referenced in this module are attached to the Permit.
The purpose of the numbering scheme used here is to facilitate cross-
walking with the model permit conditions. The Permit Writer may select
other numbering schemes, as appropriate, when preparing actual permits.
Permit Attachment No. Plan or Document
(from the Part B Permit Application)
II-3 Facility Inspection Schedule
11-11 Post-Closure Plan
XIII-1 List of Wastes Contained in
the Units Under Post-Closure
Care
XIII-2 Security Procedures During
the Post-Closure Period
XIII - 9
-------
September 1988
A. SUMMARY LIST OF PERMIT ATTACHMENTS
FROM PERMIT MODULES I THROUGH XIII
MODULE NO.
Module I
ATTACHMENT NO.
None
PLAN OR DOCUMENT
(most of these are from the Part B
Permit Application)
Module II
II-l
II-2
II-3
II-4
II-5
II-6
II-7
11-8
I1-8A
II-9
11-10
11-11
11-12
11-13
11-14
Waste Analysis Plan
Security Plan
Inspection Schedule
Personnel Training Outline
Procedures for Handling Ignitable,
Reactive, or Incompatible Waste
Flood Proofing/Flood Protection Plans
and Specifications
100-Year Flood Response Procedures
Contingency Plan
Plans and Specifications Showing the
Spacing of Aisles
Closure Plan
Contingent Closure Plan
Post-Closure Plan
Contingent Post-Closure Plan
Closure Cost Estimate
Post-Closure Cost Estimate
Module III
III-l
Secondary Containment Plans and
Specifications
A - 1
-------
MODULE NO. ATTACHMENT NO.
September 1988
PLAN OR DOCUMENT
Module III
(cont'd)
III-2
III-3
Ignitable or Reactive Waste
Procedures
Incompatible Waste Procedures
Module IV
IV-1
IV-2
IV-3
IV-4
IV-5
IV-6
Plans and Reports to Support a
Variance From the Requirements for
Secondary Containment
Detailed Plans and Other Information
Describing Secondary Containment
Systems
Procedures for Conducting Leak Tests
Procedures for Preventing Spills and
Overflows From the Tanks or
Containment Systems
Procedures for Handling Ignitable or
Reactive Waste
Procedures for Handling Incompatible
Wastes
Module V
V-l
V-2
V-3
V-4
V-5
Design Plans and Reports for
Installing Liners and Leachate
Collection and Removal System and
Operating the LCRS (or for an
alternative design) (or for a monofill
where the Agency has waived the double
liner requirement)
Design Plans and Operating Practices
to Prevent Overtopping
Design Plans and Operating Practices
to Prevent Massive Failure of the
Dikes
Plans and Procedures for Leachate
Management
Schedules for Submitting Required
Exemption Information
A - 2
-------
MODULE NO.
ATTACHMENT NO.
September 1988
PLAN OR DOCUMENT
Module V
(cont'd)
V-6
V-7
V-8
V-9
Procedures for Managing Ignitable or
Reactive Wastes
Procedures for Managing Incompatible
Wastes
Waste Management Plan for Special "F"
Wastes
Schedule for Submitting Progress
Reports on Developing Alternatives for
Handling Land-Banned Wastes
Module VI
VI-1
VI-2
VI-3
VI-4
VI-5
VI-6
VI-7
VI-8
VI-9
Design Plans and Specifications for
Installing a Liner
Design Plans and Specifications, and
Operating Practices for Installing and
Operating a Leachate Collection System
Design Plans and Specifications, and
Operating Practices for Installing and
Operating a Run-On Control System
Design Plans and Specifications, and
Operating Practices for Installing and
Operating a Run-Off Management System
Design Plans and Specifications, and
Operating Practices for Managing Run-
On and Run-Off
Procedures for Controlling Wind
Dispersal
Design Plans, Specifications and
Operating Practices for a Waste Pile
Inside or Under a Structure
Design Plans, Specifications and
Operating Practices for Exemptions to
40 CFR 264.251(a).
Ignitable and Reactive Waste
Management Plan
A - 3
-------
MODULE NO.
ATTACHMENT NO.
September 1988
PLAN OR DOCUMENT
Module VI
(cont'd)
VI-10
VI-11
VI-12
Incompatible Waste Management Plan
Special "F" Waste Management Plan
Schedule for Submitting Progress
Reports on Developing Alternatives for
Handling "Banned" Waste(s)
Module VII (A~)
VII(A)-1 Land Treatment Program
VII(A)-2 Design Plans and Specifications
VII(A)-3 Treatment Zone Run-Off Control Plans
and Specifications
VII(A)-4 Run-On Control System Plans and
Specifications
VII(A)-5 Run-Off Management System Plans and
Specifications
VII(A)-6 Run-On And Run-Off Collection and
Holding Facilities Design Plans and
Operating Practices
VII(A)-7 Wind Dispersal Control Program
VII(A)-8 Unsaturated Zone Monitoring System
VII(A)-9 Soil Monitoring and Soil-Pore Liquid
Monitoring Procedures
VII(A)-10 Sampling and Analysis Procedures
VII(A)-11 Statistical Procedures
VII(A)-12 Food-Chain Crops Plans and Procedures
VII(A)-13 Ignitable or Reactive Waste Plans and
Procedures
VII(A)-14 Incompatible Waste Management Plan
VII(A)-15 Special "F" Waste Management Plan
A - 4
-------
MODULE NO. ATTACHMENT NO.
September 1988
PLAN OR DOCUMENT
Module VII (A1)
(cont'd)
Module VII
VII(A)-16 Schedule for Submitting Progress
Reports on Developing Alternatives for
Handling "Banned" Waste(s)
VII(B)-1 Plans and Specifications for the Land
Treatment Demonstration
VII(B)-2 Testing, Analytical Procedures and
Data Sources
Module VIII
VIII-1
VHI-l(a)
VIII-1
(monofill
alternative)
VIII-2
VIII-3
VIII-4
VIII-5
VIII-6
VIII-7
VIII-8
VIII-9
Design Plans and Operating Practices
for Liners and Leachate Collection and
Removal Systems
Alternative Design Plans and Operating
Practices for Liners and Leachate
Collection and Removal Systems
Design Plans and Operating Practices
for a Monofill
Design Plans and Operating Practices
for the Leachate Collection, Removal,
and Management System
Design Plans and Operating Practices
for the Run-On Control System
Design Plans and Operating Practices
for the Run-Off Management System
Design Plans and Operating Practices
for the Run-On and Run-Off Collection
and Holding Facilities
Wind Disposal Control System
Ignitable and Reactive Waste
Management Plan
Incompatible Waste Management Plan
Special "F" Waste Management Plan
I
A - 5
-------
MODULE NCK ATTACHMENT NO.
September 1988
PLAN OR DOCUMENT
Module VIII
(cont'd)
VIII-10
VIII-11
Schedule for Submitting Progress
Reports on Developing Alternatives for
Handling Land-Banned Wastes
Plans and Procedures for the Disposal
of Small Containers (Lab Packs) of
Hazardous Waste
Module IXCA)
IX(A)-2
IX(A)-3
IX(A)-4
IX(A)-5
IX(A)-6
IX(A)-7
List of Allowable Wastes
Design Plans and Specifications, and
Maintenance Procedures
Description of Allowable Variations in
System Design
Description of Procedures for
Controlling Fugitive Emissions
Description of Monitoring Systems
Description of Automatic Waste Feed
Cut-Off Systems
Description of Manual Waste Feed Cut-
Off Systems
Module IX(B")
IX(B)-2
IX(B)-3
IX(B)-4
IX(B)-5
Description of Procedures for
Controlling Fugitive Emissions
Description of Monitoring Systems
Description of Automatic Waste Feed
Cut-Off Systems
Description of Manual Waste Feed Cut-
Off Systems
Trial Burn Plan
Module X
G.W.I
G.W.2
Maximum Concentration of Constituents
for Ground-Water Protection
Cochrans Approximation to the Behrens-
Fisher Student's T-Test
A -
-------
MODULE NO. ATTACHMENT NO.
September 1988
PLAN OR DOCUMENT
Module X
X-l
X-2
X-3
X-4
X-5
Facility Map Depicting the Monitoring
Well Locations and Regulated Units
Plans and Specifications for
Monitoring Well Construction,
Installation and Maintenance
Methodology for Monitoring Well
Abandonment
Sampling and Analysis Plan
Alternative Statistical Procedures
Module XI
G.W.I
XI-1
XI-2
XI-3
XI-4
XI-5
Maximum Concentration of Constituents
for Ground-Water Protection
Facility Map depicting Ground-Water
Monitoring Wells and Regulated Units
Plans and Specifications for
Monitoring Well Construction,
Installation and Maintenance
Methodology for Monitoring Well
Abandonment
Sampling and Analysis Plan
Statistical Procedures
Module XII(A)
G.W.I Maximum Concentration of Constituents
for Ground-Water Protection
XII(A)-1 Facility Map Depicting the Monitoring
Well Locations and Regulated Units
XII(A)-2 Plans and Specifications for
Monitoring Well Construction,
Installation and Maintenance
XII(A)-3 Methodology for Monitoring Well
Abandonment
A - 7
-------
September 1988
MODULE NO. ATTACHMENT NO. PLAN OR DOCUMENT
Module XII(A) XII(A)-4 Corrective Action Program
(cont'd)
XII(A)-5 Sampling and Analysis Plan
XII(A)-6 Statistical Procedures
Module XIII XIII-1 List of Wastes Contained in the Units
Under Post-Closure Care
XIII-2 Security Procedures During the Post-
Closure Period
I
A - 8
------- |