RCRA Part B Permit Strategy
US EPA Region V
Prepared by
Process Evaluation Unit
Technical Programs Section
Waste Management Branch
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905R80123
TABLE OF CONTENTS
CHAPTER PAGE
I. INTRODUCTION 1
II. PART B PERMITTING PROCESS
A. Part B Priorities 4
B. Selection Process 6
C. Part B Permitting Procedure 14
D. State Specific Strategy 29
E. Special Procedure for Consolidation of Permit Processing ... 31
III. TECHNICAL EVALUATION OF PART B PERMITS
A. Discussion of the Guidance Manuals 44
B. General Procedures 46
C. Highlights of Technical Review for Specific Facility Types 49
0. Risk Assessment 73
IV. FINANCIAL EVALUATION
A. Inter-relationship with other H.W. Information 75
B. Numbering Financial Institutions for ADP Retrieval 76
C. Financial Evaluation Process 76
D. Security _. 79
V. INSPECTION
A. General 83
B. Safety Consideration 84
C. Preparation for Inspection 86
D. Conducting the Inspection 88
£. Groundwater and Leachate Monitoring 91
F. Post-inspection Procedures 98
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VI. PUBLIC PARTICIPATION
A. The Draft Permit Decision and Its Preparation 100
B. Fact Sheets and Statement of Basis 101
C. Public Notice 103
D. Draft Permit Notice and Comment 103
E. Methods for Circulating Notice and Who Must Receive Notice . 104
F. Informal Public Hearings 106
G. Panel Hearings 107
VII. FINAL PERMIT ISSUANCE OR DENIAL APPEAL PROCEDURE
A. Final Permit Issuance 117
B. Administrative Appeal of Final RCRA Permits 118
C. The Administrative Record 121
VIII. PERMIT REVOCATION MODIFICATION AND RE-ISSUANCE
A. Modification or Revocation and Re-issuance of Permits 126
B. Possible Evidentiary Hearing under Part 124 Subpart E 129
IX. APPENDICES
1. Delegation of Authority by USEPA-Region V Administrator to
the Director of Air and Hazardous Materials Division
in Matters Relating to Hazardous Waste Management
2. Reminder Notice to New HWM Facilities Regarding Part B
Permit Applications
3. Request for Part B Permit Applications to Existing HWM
Facilities
4. Reminder Notice to Existing HWM Facilities Regarding
Part B Permit Applications
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111
5. Permit Review Checklist
6. (a) Form Letter for Requesting Missing Information on
Part B
(b) Form Letter for Informing Applicant that Application
is Considered to be Officially Submitted
7. Sample Project Decision Schedule Applicable to New Major
HWM Facilities
8. Completeness Checklist for Part B Permit Application
Review
9. RCRA Inspection Forms
10. (a) List of RCRA Permits Program Guidance Manuals
(b) A Step-By-Step Approach to Development of NPDES and
RCRA Permits (EPA-330/8-81-004)
11. Air Dispersion Modeling
12. Water Quality Modeling
13. Exposure Estimates
14. Determination of Risk
15. Financial Instrument Inventory Sheet
16. Financial Instrument Checklist
17. Sampling Plan Checklist
18. Sampling Points for Most Waste Receptacles
19. Sample Draft Permit
20. Procedure for the Conduction of Public Hearing
21 . Checklist of Documents to be Included in the Administrative Record
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REGION V RCRA PERMIT/PART B IMPLEMENTATION STRATEGY
I. INTRODUCTION
RCRA Part A and Part B Permit Application
Section 3005 of the Resource Conservation and Recovery Act of 1976 (RCRA) re-
quires that the owners and operators of existing hazardous waste treatment,
storage and disposal facilities (TSDFs) shall submit permit applications to
the Regional Administrator (RA) within six months from the promulgation of
Section 3001 regulations. A RCRA permit application consists of two parts,
Part A (see 40 CFR Section 122.24) and Part B (see 40 CFR Section 122.25).
For "existing hazardous waste management (HWM) facilities", the requirement
to submit an application is satisfied by submitting only Part A of the permit
application until the date the Director sets for submitting Part B of the
application^ Compliance with Section 3010 of RCRA and timely submission of
the Part A application qualifies owners and operators of existing HWM facil-
ities for interim status under Section 3005(e) of-RCRA. Facility owners and
operators with interim status are treated as having been issued a permit
until the Environmental Protection Agency (EPA) or an authorized State makes
a final determination on the permit application. This final determination is
triggered by a request from the Director for the submission of the Part B
application.
^In Region V, the Director of Air and Hazardous Materials Division has been
delegated authority by the Regional Administrator (RA) on hazardous waste facility
permit matters. (See Appendix 1 for Region V Manual, Chapter 8, Section 6.)
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The Part B application must contain information that indicates how the facil-
ity is meeting the applicable facility standards (Part 264.) At least six
months notice is given to the facility owner or operator for the submission
of the Part B permit application.
Although the Part B permit request is generally initiated by the Director,
nothing in the regulations prevents the facility owner or operator from
voluntarily submitting the Part B application at any time after the applic-
able facility standards (Part 264) are promulgated.
Owners or operators of new HWM facilities must, except as indicated below,
submit Part A and Part B of the permit application at least 180 days before
physical construction is expected to commence. An amendment to Part 122
(January 9, 1981, Federal Register. FR_ 46, p. 2344), allows the physical
construction of new TSDFs (with the exception of land disposal facilities
and Class I underground injection wells) to begin after the Part A permit
application has been filed. However, the owner or operator must not operate
the facility without having first received a finally effective RCRA permit.
In addition, the Part B permit application must be submitted to the RA before
the applicable facility standards (Subparts I, J, K, L) as well as incinera-
tor standards (Subpart 0) have been promulgated. New land disposal facil-
ities cannot be constructed without obtaining a RCRA permit. In the next 18
to 24 months, the RCRA permit for new land disposal facilities can be issued
only on the basis of the temporary land disposal standards as published in
February 13, 1981, Federal Register. (FR_46, p. 124.4.)
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As of April 15, 1981, Region V has received 3,148 Part A permit applications.
Approximately half have been reviewed by staff members of the Waste Management
Branch (WMB). Those applications which have complete information have been
sent to Computer Science Corporation (CSC) for keypunching into the Hazardous
Waste Facility Information System (HWFIS).
It is estimated that out of the 3,148 facilities, 216 are nonregulated facil-
ities. These are either excluded by the hazardous waste regulations or are
not required to apply for a RCRA permit because they are permitted by EPA or
other government programs (permit by rule.) Examples of the former are:
1. Generators who accumulate hazardous waste on-site for less than 90 days.
(FR 45, p. 33143, May 19, 1980.)
2. Persons who manage hazardous waste and whose only source for waste is
small quantity generators. (FR.45, p. 33120, May 19, 1980.)
3. Owners or operators of totally enclosed treatment facilities. (FR 45,
p. 33221, May 19, 1980.)
4. Wastewater treatment units which meet the definition of a tank, and re-
ceive, treat or store influent wastewater which is a hazardous waste.
(FR 45, p. 76075, November 17, 1980.); and
5. Facilities that only neutralize waste in containers, tanks, or vehicles.
(FR 45, p. 76075, November 17, 1980.)
Examples of the permit by rule are the following (FR_45, p. 33221, May 19, 1980.):
1. State Underground Injection Control (UIC) permit issued by a State with
an approved UIC program from Region V;
2. The treatment and storage of hazardous waste by a POTW with a NPDES per-
mit; and
3. Ocean disposal barges or vessels which are permitted under the Marine
Protection, Research, and Sanctuary Act.
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II. PART B PERMITTING PROCESS
A. Part B Priorities
Region V will limit its review of Part B permit applications to facil-
ities for which Phase II regulations have been promulgated. As addi-
tional regulations are published, the applicable HWM facility Part B
permit applications will be included in the evaluation process. (In
FY '82, Region V expects to permit storage and treatment facilities, and
additionally incinerators and new land disposal facilities.) Where feas-
ible, Region V will allow RCRA permit processing to be consolidated with
State NPDES permit or the UIC permit. The following priority list pro-
vides a basis on which the selection and review process is conducted:
High Priority
9 New HWM facilities - Region V will give high priority to reviewing all
new HWM facility applications in an effort to insure that adequate
capacity continues to develop in the Region.
a. New disposal facilities - These include new hazardous waste land-
fills, surface impoundments, land treatment facilities and Class I
underground injection wells. (Part 267 permit regulations pub-
lished on February 13, 1981, FR 46, p. 12414.)
b. New treatment facilities - These include new hazardous waste in-
cinerators (Part 264 permit regulations published on January 23,
1981, FR_ 46, p. 7666) and new treatment-storage facilities as
opposed to treatment-disposal facilities (see 46 FR_ p. 2808) using
tanks, surface impoundments and waste piles (Part 264 permit reg-
ulations published on January 12, 1981, FR 46, p. 2802.)
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c. New storage facilities - These include storage in containers,
tanks, surface impoundments and waste piles. (Part 264 permit
regulations published on January 12, 1981, FR 46, p. 2802.)
9 Facilities under Interim Status which propose extensive change in
design capacity or process, resulting in an increase of more than
50% of the capital value of the facility. (For any change in pro-
cess design or capacity which does not meet DD's approval, the
facility owner/operator must follow the permtting procedure and
apply for RCRA permit.)
9 Existing HWM facilities with a potential for and significant impact
on the environment.
Medium Priority
9 Major HWM facilities - Under Cooperative Arrangement or Phase I in-
terim authorization, the State will provide a list of existing fa-
cilities which are considered major by State criteria. If such a
list is not provided by the State, the major HWM facility list can
be generated by Region V.
9 HWM facilities that the subject of citizen complaints.
9 Voluntary applicants - Inasmuch as Region V is allowing voluntary
submission of Part B applications at any time after the promulgation
dates of the applicable facility standards, voluntary applications
will also receive priority as a commitment of the Regional Office to
be responsive to the needs of the regulated community.
Low Priority
9 Other existing HWM facilities.
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B. Selection Process
1. Selection Procedure for New Hazardous Waste Management Facilities
The January 9, 1981, Federal Register (FR 46, p. 2344) allows new
treatment, storage and disposal facilities (except surface impound-
ments, land disposal facilities and Class I injection wells) to be
constructed without first obtaining a RCRA permit. However, the
owners or operators of these facilities mut file a Part A permit
application before beginning construction. In addition, they must
not operate the facilities without obtaining a finally effective
RCRA permit.1
The Region V strategy encompasses the identification of these fa-
cilities from the Part A permit review, and assigning top priority
on processing the Part B applications for these facilities. The"
Part B application must be submitted by the new facility undergoing
construction before the effective date of the applicable facility
standards. Specifically, standards for treatment and storage fa-
cilities were promulgated on January 12, 1981, making the effective
date July 12, 1981. Similarly, new incinerators undergoing con-
struction must file Part B permit applications before July 22,
1981, six months from the promulgation date of the incinerator
standards on February 23, 1981.
^After July 13, 1981, (for new storage and treatment facilities) and July 22,
1981, (for new incinerators), all these facilities that have not begun construction
must submit Parts A and B permit applications and obtain a RCRA permit prior to
construction. In the event the owner/operator sends in Part A only, the applicant
should be informed tht the application is incomplete. The review of the applica-
tion for a new facility should begin only if Parts A and B have been submitted.
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Procedure;
a. Regulatory Analysis and Information Section Staff (RAIS) will search for a
list of new HWM facilities from the Part A permit application data base.
b. Region V project officer for Part A permit review (RPO) or the RAIS staff will
pull the Part A files from the shelf.
c. The Chief of the Technical Programs Section (TPS) assigns technical staff (TS)
to make a preliminary screening to ensure that the permit applicants are indeed
JT§W treatment, storage, and disposal facilities (except land disposal facil-
ities and Class I underground injection well.) The TS will also let the RPO
know if they have any personal knowledge of new HWM facilities that are under-
going construction.
d. At the same time as the screening is taking place, the lead State Implementa-
tion Office (SIO) provides a list of new hazardous waste treatment, storage
and disposal facilities that are undergoing construction from the Region V
state agencies. In the category of disposal facilities, the State agency will
indicate which are land disposal facilities and Class I underground injection
wells, if any.
e. RPO compiles and finalizes the list.* A each is given to the Chief of TPS and
the Chief of RAIS. RAIS then sends out reminder notices to the facility owners
or operators by certified mail. A log book is maintained for this purpose.
The reminder notice explains the contents of the Part B permit application and
the due dates which are the effective dates of the applicable Phase II regula-
tions (Appendix 2). Region V will grant pre-submittal conferences on request
by the facility owner/operator.
*Before the list is finalized, RPO provides copies to the States for review,
comment and verification.
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f. The Chief of IPS assigns the permit application to the Unit Chiefs (UCs). The
UC or lead UC appoints a temporary permit writer (PW) to each application.
(Should the application necessitate a joint review by two or more units in TPS,
the Chief of TPS will designate the lead unit in the permit process.)
g. RPO provides a list of new land disposal facilities and Class I underground in-
jection wells which are undergoing construction without a RCRA permit to En-
forcement Division (ED). The ED shall issue an order to cease the construction
immediately and require the owner and operator to apply for and obtain a RCRA
permit before further construction. Similarly, any new treatmnt and storage
facilities which are found to have violated 40 CFR Part 122.22 published in the
January 9, 1981, Federal Register, should be referred to ED for appropriate
actions.
h. If the Part B applications are not received before the effective dates of the
applicable Phase II regulations while the facility is undergoing construction,
the temporary PW places a telephone call on the applicant to find out the rea-
son for the delay. Extra time may be allowed and a new due date will be set
by the temporary PW. The new due date is then entered into the log book. Any
extension given must be followed-up in writing. The temporary PW may also refer
the case to ED for appropriate enforcement action.
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2. Selection Procedure for Existing Hazardous Waste Management Facilities
Since January 13, 1981, (subject to the approval of the Office of Management
and Budget (OMB)), the Director of Air and Hazardous Materials Division (DD)
has had the authority to request the owners and operators of certain existing
HWM facilities to submit Part B of their permit applications according to 40
CFR Part 122.22(a)(2). The applicant must be given at least six months from
the date of the request to submit a completed application.
At present, many of these facilities are regulated under the "interim status"
provisions of 40 CFR Part 265.2 Until such time as the DD actually requests
the Part B, these existing facilities may voluntarily submit a Part B applica-
tion for review (§122.22 (a)). These voluntary submittals may also be retract-
ed until the date they are requested by the DD. It should also be noted that
submittal of the Part B application may be consolidated with Underground Injec-
tion Control (UIC), National Pollutant Discharge Elimination System (NPDES),
or Prevention of Significant Deterioration (PSD) permit applications.
the purpose of clarification, interim status is not a permit but
rather a statutorily established device that gives an existing facility the
permission to operate in a prescribed manner until EPA issues the actual RCRA
permit. (Since EPA promulgated Phase II standards for certain TSD facilities
on January 12, 1981, EPA now has the authority pursuant to 122.22(b) to call in
the Part B applications from these existing facilities.)
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Where States share responsibility for part of the RCRA permit program, EPA-
State applicant consultation is encouraged at the earliest possible date.
Nevertheless, Region V expects only a very small number (in the fraction of 1%)
of existing HWM facilities will voluntarily submit Part B permit applications.
The majority of Part B permit applications will be requested by Region V. HWM
facilities are selected on the basis of a priority listing which Region V has
compiled. Request for Part B permit applications are then sent out in a plann-
ed schedule and at numbers which will best meet Regional resources. Unlike new
HWM facilities, which cannot operate without a finally effective RCRA permit,
existing HWM facilities can continue to operate under interim status. The re-
gulations are silent on any due date or deadline for a facility to obtain a
RCRA permit. If existing facilities are lax in submitting Part B permit appli-
cations, the Subtitle C permitting program will be in jeopardy.
Since the only recourse EPA has is to terminate interim status for uncoopera-
tive facilities, Region V feels that it should help remind the facility owner
and operators to submit an acceptable permit application on time. In this
manner, Region V can effectively utilize its resources in permitting HWM facil-
ities expeditiously and avoid time-consuming legal proceedings involved in
interim status termination. The follow-up actions can be taken in the form of
reminder notices, telephone calls or on-site evaluations if an ISS inspection
has never been performed on the facility. The TS of Region V will also offer
consultations to those facility owner and operators who want further guidance
on the content and details of Part B permit applications. The types of exist-
ing facilities to be permitted are limited to those portions of Part 264 stan-
dards which have been promulgated by EPA, and Part 267. To date, the types of
facilities include treatment, storage, incineration and new land disposal
facilities.
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Due to EPA's intention to ban difficult-to-inspect underground tanks, storage facil-
ities with underground tanks will not be targetted for permitting by Region V until
EPA has made a definite decision on this matter.
Procedure
a. The lead SIO works with ED, State Agencies, RPO and RAIS to select a list of
existing HWM facilities targetted for RCRA permitting in FY '82. This list will
be identical to or closely resemble one submitted to HQ in response to Sarah
Compton's memo on March 19, 1981.
b. The lead SIO will present this list to the Chief of TPS and Chief of RAIS. The
RAIS Chief sends out requests for Part B permit applications in a planned
schedule and number. (See Chapter II on Workload Assessment.) Accompanying the
request is a package of applicable federal registers. For example, a storage
facility will receive these federal registers: May 19, 1980 (Part 264 general),
Jan. 12, 1981 (Financial requirements, Closure and Post-closure requirements,
Part 264 Storage Facility Standards).
c. The request for Part B permit application is mailed to the facility owner/
operator via certified mail (Appendix 3 ). The chief of RAIS will keep a log
book indicating the date when a request is sent out. The Chief of RAIS will
give a copy of the list of permit requests sent to the Chief of TPS.3
d. The Chief of TPS tentatively assigns the request to the UC who will designate one
of his staff to be a temporary PW. The temporary PW will conduct pre-submittal
conferences with owner/operators if requested.
e. Three months after the request has been sent out, a reminder notice will be sent
to the facility owner/operator by RAIS. (Appendix 4).
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f. Whenever there is a request by an applicant to be allowed to submit less in-
formation than requested by initial letter, the applicant must demonstrate
that the information prescribed in Part B cannot be provided to the extent re-
quired. The OD may make allowance for submission of such information on a
case-by-case basis.4*5 Each of these requests will be logged by RAIS.
g. If a Part B permit application has not been received six months after the ini-
tial request is sent, the PW must place a telephone call to the facility and
find out the reason for the delay. Extra time may be allowed if sufficient
reasons are given. Otherwise, the case is referred to ED. The new due date
is then entered into the log book.
3The request letter states a deadline for submittal of the complete applica-
tion (at least six months from receipt of the RA's letter.) RAIS maintains a log
with all application due dates listed chronologically. RAIS staff also logs all
requests and their due dates in the applicant's file. The chronological log is
checked weekly for violations or the deadline. Any violations are to be reported
to the Enforcement Division RCRA personnel.
4In order to determine whether such a request is valid and should be granted,
an attorney must read and analyze the request. The written decision and correspon-
dence rationale should then be copied with one copy going to the applicant and the
original to the applicant's file.
5In order to comply with the Federal Reports Act, EPA plans to reduce the in-
formation requirements for permit applications and permit procedures for lower risk
hazardous waste storage facilities. It has been proposed in FR_ 46, No. 147, July
31, 1981, (p. 39427) that a class of hazard approach will be used to differentiate
storage facilities into three categories. (cont'd.)
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h. If the facility owner/operator cannot meet the second due date and cannot pro-
vide sufficient reason for the delay, the PW may refer the case to ED for pro-
per enforcement actions.6
5 . In the case of very low risk storage facilities, no permit application
would be required. If facility owners or operators use appropriate Department of
Transporation (DOT) containers and notify EPA that they fall in this category,
then such facilities would be granted a permit by rule.
. For moderate risk storage facilities, EPA would develop a standardized
and simplified Part B permit application. Certain technical information required
in an application would be obtained through, statements to be filled in or checked
by the applicant. Certain other technical and administrative information required
in an application (e.g., the contingency plan) would be provided by self-certifica-
tion that such information is available at the facility and does comply with the
requirements of the regulations.
. For high risk facilities, the Part B permit application requirements
currently in effect and the permit procedure as described in this chapter will be
used.
^Failure to furnish a requested completed Part B application on time is grounds
for termination of interim status under Part 124 (§12.22(a)(3)). If the appropriate
information is not provided, Region V may initiate termination of the facility's
interim status under the evidentiary hearing procedures of Part 124, Subpart E.
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C. Part B Permitting Procedure
This section delineates the Regional procedures for the RCRA permitting pro-
cess, after an application is received. There are six milestones in this pro-
cess.
1. Distribution to reviewers, including the State agency if applicable; review
and comment period;
2. Draft permit or denial; fact sheet or statement of basis;
3. Public notice, public comment and informal hearings;
4. Panel hearings;
5. Final permit decisions; and
6. Appeal to the Regional Administrator.
In general, the procedures for permitting different facility types, (e.g.,
storage facility vs. incinerator), are quite similar. Therefore, this section
lays out the general procedural framework and provides specific procedures for
the facility types in the form of footnotes.
The administrative procedures applicable to RCRA permit issuance are provided
in 40 CFR Part 124. It is important to note that this Part establishes proce-
dures for other EPA issued permits, (UIC, NPDES, and PSD permits), as well Part
124 also provides Region V the discretion to process the EPA issued permits
separately or in combination whenever a treatment, storage, or disposal (TSD)
facility requires other permits in addition to the RCRA permit. In particular,
the consolidated permit procedures provide the Regional Adminstrator (RA) with
the opportunity for joint issuance of draft permits, joint comment periods and
joint public hearings. When Region V issues all the applicable permits requir-
ed for a TSD facility, the the process may be consolidated at any time. When
responsibility is divided between EPA and a State, the regulations encourage
joint proceedings.
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For special procedure in consolidated permit processing, see section D. A
schematic relationship between different milestones in the permitting process
is depicted in figures 1 and 2.
When the application is received, it is dated and logged and a support file is
established by RAIS. (This file includes the permit application, all comments,
correspondence and any material pertaining to that particular facility).
After an initial check by RAIS, the permit writer will check for technical com-
pleteness within 60 days of receipt (30 days for new facilities). If the appli-
cation is complete, an acknowledgement is sent out to the facility owner or
operator. If the application is incomplete, a Notice of Deficiency and a
copy of the checklist will be sent to the applicant. Extra time may be given
by the permit writer to the applicant for filing the missing information needed
for Part B. To expedite the review process, the applicant must submit three
(3) copies, and submit the application via certified mail with return receipt
requested. (This is indicated in the letter of request for Part B). Copies
of the complete application are then sent by the PW to each office reviewing
the application. The review of the submittal is based on published facility
standards and best engineering judgement of the PW. If extra information is
needed to demonstrate that the facility is in compliance with the facility
standards, Region V must send out a written request to the permit applicant.
An inspection must also be arranged at this time. The permit writer will
impose extra permit conditions in addition to published facility requirements
if he/she feels that said conditions are necessary to protect public health
and the environment.
A draft permit is then prepared. A fact sheet or statement of basis will also
be written at this time.
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FLOW DIAGRAM FOR PROCEDURES IN PERMITTING EXISTING
HAZARDOUS WASTE MANGEMENT FACILITIES
(Fig. Ib)
SELECTION
PROCESS
RAIS SENDS
REQUESTS
FOR PART B
i.
CHIEF, TPS
ASSIGNS
TEMP PW
TEMP PW
REMINDS
APPLICANT
ON PERMIT
APPLICATION
EXISTING FACILITIES
OWNER/OPERATOR
I
APPLICATION RECEIVED
RAIS LOGS IN
PW DETEF
MINE COMPLETENESS-*£-»NOTICE OF DEFICIENCY'
Y€S
PW PROVIDES COPIES TO
OTHER REVIEWERS *
ADDTIONAL INFO NEEDED
->ACKNOWLEDGMENT-
-WRITTEN REQUEST-
PW COLLECTS COMMENTS FROM REVIEWERS
DRAFT PERMIT PREPARED BY PW/RAIS
I*
PW COLLECTS COMMENTS FROM REVIEWERS
ON DRAFT PERMIT
i
DIR., AHMD AUTHORIZES DRAFT PERMIT
\
DRAFT PERMIT PUBLISHED
PUBLIC HEARING NECESSARY-
•^PUBLIC HEARING
HELD
PW/RAIS RESPONDS TO PUBLIC COMMENTS4-
FINAL D
CISION ON PERMIT PREPARED BY PW
PW COLLECTS COMMENTS FROM REVIEWERS OR
CONCURRfNCE FROM HQ/STATE AGENCY
*Examples:
DIR., AHMD SIGNS FINAL DECISION ON PERMIT
APPLICATION AND SENDS TO APPLICANT/INTERESTED
PARTIES
To Air Program Branch for air dispersion modeling.
To ground water protection section for HW injection wells evaluation.
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Figure 2
PERT CHART (PART B PERMIT PROCEDURES)
i b
(minimum)
1
c
g
•
III II l<45>
d e - f n J k d*yj
1 1
; m n o
comment period
3o-60 days 30 days hearing notice
a - Selection of existing HWM facilities for permitting
b - Letter of request for Part B permit applications sent to existing HWM
facilities and reminder notices sent to new HWM facilities under
construction
c - Telephone calls placed on existing HWM facilities selected
d - Permit application received prior to (for new HWM facilities under
construction) or after (existing HWM facilities) the effective date
of phase II regulations.
bd - Time allowed: at least 180 days.
e - Log in
ef - Review for completeness (30 days new, 60 days existing)
f - Notice of Completeness or Deficiency sent
fg - Extra time allowed for needed information to make application complete
g - Part B permit application determined to be complete copies sent to
all reviewers (PAT, State agencies & within EPA)
gh - Joint permit review
h - Draft permit prepared and sent to all reviewers
i - End of comment period for draft permit
ij - Draft permit may be modified
k - Public Notice published (draft permit or notice of intent to deny)
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kl - Time allowed: at least 45 days
1 - Public hearing or end of comment period
m - Final decision on permit application made and sent to reviewers for comment
1m - Response to public comments prepared
mn - Final decision may be modified
n - Director of AHMD signed letter and forwards final decision to permit appli-
cant, interested parties and State Agency/HQ.
no - Appeal may be requested by permit applicants in case of permit denial.
o - Permit becomes effective when permit is granted and no evidentiary hearing
is requested by interested parties.
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In case a RCRA permit should be denied, the PW will inform the applicant by
phone or meeting and explain the reasons for permit denial. If the applicant
is cooperative and offers to make changes in areas of deficiency, no Notice of
Intent to Deny Permit is prepared. Instead, the PW will provide extra time to
the applicant to submit a revised permit application. Otherwise, a Notice of
Intent to Deny Permit and a Statement of Basis or Fact Sheet is prepared with
the help of RAIS. RAIS will see to the publication of these notices (Draft
Permit.or Notice of Intent to Deny) and allowance of 45 days public comment.
The public participation procedure should then follow 40 CFR Part 124.10.
Both the PW and RAIS will respond to public comments and prepare a summary of
public commments. A public hearing may be held by USEPA on the draft permit
if enough public interest and requests are generated or if necessary to clarify
issues. Lastly, the DD will issue a final decision on the permit application.
Such a decision will be mailed to the permit applicant and each person who has
submitted written commments or requested notice of the final permit decision.
This notice must also include a reference to the procedures for appealing the
decision.
Procedure;
a. As Part B permit applications are received, the Chief of RAIS or a staff
member will log them against the mailing list referred to in Section B of
this Chapter. ( fsr «-&^ -f*-cil'ih>« £Al5 -zluJU, eifzL^
«>W 'Yw-^X^N-a 4m*. CSC . 3~ o*/eA. "u
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The logging procedure includes numbering the pages and exhibits, stamping
date received, checking for timely submittal, checking off the items of
information received, including claim of confidentiality determining if
the application is properly signed, and whether the technical data that is
required to be certified by a registered professional engineer is so certi-
fied (Apendix 5). Each informational item received should be placed on the
file's coversheet confirming what is in the file. The application is then
given to the Chief of TPS.6
b. The Chief of TPS immediately assigns the Part B permit application to the
appropriate UC. In case the Part B review necessitates a cooperative
effort between 2 units, the Chief of TPS will provide assignment slips to
both DCs. However, he must designate the lead unit in the review process.
The manner of lead designation generally is: disposal > treatment >
storage. For example, if a facility which stores and treats hazardous
waste is jointly reviewed by the land unit and Process Evaluation Unit
(PEU), the PEU leads the review process.
c. The PW who now has possession of the Part B application must see the RPO
for storage or filing space for the support file of the document.
6Any information submitted by the applicant may be claimed as confidential.
Any such claim must be asserted and substantiated at the time of submission. In
this case, the application is given to the Regional Counsel (RC) through the RPO.
The RC will determine the validity of the claim. Confidential Information or data,
if so determined by the RC, can only be reviewed by Region V authorized personnel.
If the claim is determined not to be valid, the application is then given to the
Chief of TPS.
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d. If the PW feels that he needs assistance in the review process within
the unit, he may ask his UC to assign other staff to assist. If the
PW feels that the assistance of other units is needed, he should ap-
proach his UC to take the matter to the attention of the Chief of IPS.
e. Within 60 days upon receipt of the Part B permit application and using
the appropriate checklist for completeness, the PW promptly identifies
omissions and deviations. The PW then sends out an acknowledgment or
Notice of Completeness to the permit applicant (Appendix 6, 8).
f. The Notice of Completeness may become the Notice of Deficiency with a
copy of the checklist attached indicating any omissions and deviations.
The PW sets a new due date for the needed information to make the ap-
plication complete. The extra time allowed shall not exceed 90 days
for treatment and disposal facilities, and 30 days for storage facil-
ities. The PW must notify RAIS so that this information is entered in-
to the log book.
g. For each application from a major new HWM facility (as described in the
selection process earlier), the PW also prepares a Project Decision-
Schedule (Appendix 7) which specifies target dates by which the DO in-
tends to:
?For incineration facilities, item (1) is proceeded by (a) approval of a
trial burn waiver or issuance of a trial burn permit; and (b) review risk
assessment data submitted after the trial burn.
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(1) Prepare a draft permit or intent to deny;?,9
(2) Give public notice;
(3) Complete the public comment period, including any public
hearing; and
(4) Issue a final permit or formally deny and (if applicable)
terminate interim status.
h. The PW is responsible for coordinating all reviewers both within and/or
outside his unit. If permit consolidation is requested by the appli-
cant, he must also seek out his counterparts in other permit programs.
He will then make every effort to facilitate the joint permitting pro-
cess (see Section E).
i. When the Part B permit application if from a priority HWM facility, the
PW should also coordinate with the Permit Assistance Team (PAT) liaison
in Headquarters for joint review.8 A copy of the permit application
shall then be forwarded to the PAT liaison. For Region V, the PAT
liaison is Dan Derkics, (FTS 382-2232).
^Whereas the necessity for PAT involvement is dependent on HQ's resources
and Region V's need, PW is encouraged to ask for PAT assistance at least for
the first few disposal facilities and incinerators. Priority HWM facilities
are those which are listed by Region V in response to HQ's request entitled
"RCRA Permit Priorities" written by Sarah Compton on March 19, 1981.
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j. If applicable, the PW will provide copies of Parts A and B of the
permit application to the State agency which has a cooperative arrange-
ment (CA) with Region V and the State agency with which a State permit
is to be consolidated with a RCRA permit. The PW may also send out the
appropriate portions of Part B applications to other divisions within
EPA - Region V for comments. (See Appendix 8 for Completeness/ Evalua-
tion Checklist.)
k. The PW and other reviewers will continue to review the permit applica-
tion and identify any conflicts in the application data, and additional
information needed to demonstrate the applicant's compliance with Part
264. The procedure for technical and financial evaluations are deline-
ated in Chapter V of this strategy.
1. The PW coordinates all requests for additional information from the re-
viewers and decides if the requests are warranted. As described in the
preamble of the January 12, 1981, Federal Register (FR_, 46, p. 2841),
Region V will limit its requests for additional information to those
situations where this information is essential for the Agency to com-
plete its review of the permit application. The PW will also schedule
and coordinate a site inspection at this time. (While all reviewers
are welcomed to participate in the inspection, the inspection team does
not ordinarily exceed two persons. See Appendix 9 for the inspec-
tion form.
m. In soliciting comments from different reviewers, including those from
the State agency, the PW must be able to document all comments either
through written responses or records of telephone communication.
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n. Based on the results of technical evaluations, financial evalutions,
and site inspection, the PW develops permit conditions and prepares a
draft permit and Fact Sheets or Statement of Basis with the help of
RAIS (see Chapter VII for content of draft permit and Fact Sheet/State-
ment of Basis). The draft permit is sent to the State Agency and/or
HQ for comments when PAT is involved. 14 working days are provided for
the comment period. If comment is not received within 14 days, the PW
may assume no comment from the State or HQ.
o. If the PW in consultation with the reviewers, tentatively decides that
the draft permit cannot be issued for public comments without substan-
tive changes in the application or the locational, design or operation-
al aspects of the facility, he should notify the applicant by phone and
offer a meeting/conference to explain EPA's position.
p. If the facility owner or operator makes such changes and submits a re-
vised permit application, a Draft Notice of Intent to Deny and the
accompanying Fact Sheet or Statement of Basis will not be prepared.
q. If the facility owner or operator refuses to make such changes and does
not submit a revised permit application, a Draft Notice of Intent to
Deny and a Fact Sheet or Statement of Basis will be prepared with the
help of RAIS.
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r. RAIS will publish all public notices9 (Draft Permit and Notice of In-
tent to Deny) and provide public participation in accordance with 40
CFR Part 124.9 through 124.13, including an administrative file for
public review. If there is significant public interest in the draft
permit, a public hearing shall be scheduled.10 At least 30 days notice
of the hearing must be provided to the public.
s. If an informal public hearing is held, the presiding officer shall be
an attorney from the Office of Regional Counsel (RC). If RC is not
available, the PW will preside over the meeting. For non-adversary
panel hearing, the procedure shall follow 40 CFR Part 124, Subpart F
(see Chapter VII for details).
9If the public notice for the draft permit for new land disposal facilities
is published after the effective date of final land disposal standards, the permit
application must then comply with Part 264 rather than Part 267.
l°The 1980 Amendments to RCRA provide for public hearings whenever there is
a request by any person in writing for a hearing if that person disagrees with
Region V's intention to issue a final permit. If there is no request for a hear-
ing, the DO may decide to hold one at his discretion. The hearing can be an in-
formal hearing or a more formalized non-adversary panel hearing.
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t. After the 45 days public comment period, or the public hearing, the PW
prepares a Notice of Final Permit Decision with the help of RAIS. The
Notice also includes a response to public comments.
t
u. The PW will forward a copy of the Notice of Final Permit Decision to
the State Program Director for his information and if applicable, to
the PAT liaison for concurrence with a 14-working day response time.
v. If written response is not submitted to the PW within the 14 working
days, the PW may assume HQ and the State concurrence.
w. In the case of nonconcurrence, the PW reviews the State's or HQ's com-
ments and consider modifications in the final permit. Since neither
the State's or HQ's concurrences are legally required, the PW may also
proceed to recommend final action despite the State's objection or HQ's
nonconcurrence.
x. The PW will then prepare an action memorandum from the Chief of TPS to
the DD, recommending final action on the permit application. The
Notice of Final Permit Decision together with the Action Memorandum are
forwarded to the DD for his signature.
y. After the Notice of Final Permit Decision has been signed, the original
will be served to the permit applicant. Copies of the Notice will also
be served to PAT liaison (if applicable), State Agency Program Director,
and each person who has submitted written comments or requested notice
of final permit decision.
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z. A final permit decision shall become effective 30 days after the ser-
vice of notice of the decision, unless an appeal procedure is institut-
ed. (See Chapter VIIB, p H6 )
aa. When no comments requesting a change in the draft permit are received,
the permit shall be come effective immediately upon issuance.
bb. If the decision is made to deny a permit, the case shall be referred to
ED for appropriate enforcement actions including RCRA Section 3008.
cc. Any litigation arising or any appeal requested by the permit applica-
tion shall be referred to RC for resolution.
dd. If necessary, the PW may schedule a post-permit inspection to insure
compliance with the permit conditions. No more than two persons should
be present on the inspection team, e.g., the PW and a representative
from S & A.
ee. If compliance is satisfactory, no further action on the permit is.need-
ed. An inspection report shall be filed with the administrative record
for that facility.
ff. If non-compliance is observed, the PW must refer the case to ED for
enforcement actions and possible permit revocation, unless compliance
is immediately initiated by the facility owner/operator.
gg. The PW will place the inspection report in the administrative record
for the facility and forward a copy the State agency for further
followup.
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D. State Specific Strategy
1. Ohio - Under SB 269, Ohio Environmental Protection Agency (OEPA) is requir-
ed to permit all existing hazardous waste facilities by October 9, 1981.
The regulations used for permitting facilities are, in substance, USEPA in-
terim status standard (40 CFR Part 265). (Ohio's hazardous waste rules
went into effect on April 15, 1981) The State permit is not a RCRA permit
because Ohio has not been authorized by Region V, and the hazardous waste
rules are not based on EPA's final facility standards. Region V formulates
the following the strategies in order to avoid duplicative efforts or ex-
cessive permit application burden on the regulated community:
(i) OEPA is attempting to ask the state legislature to delete the statu-
tory deadline. If it is successful, OEPA will participate in the
Region V RCRA permit process until the State is authorized. Mean-
while, OEPA will amend its facility rules to be substantially equiva-
lent to the final facility standards (40 CFR Part 264) so that facil-
ities permitted by Region V can also be given State permits. This
will eliminate duplicative permitting efforts by OEPA and Region V.
(ii) If OEPA cannot remove the statutory deadline, OEPA must issue State
permits based on existing (interim status) standards. Duplicate rules
permitting efforts cannot be avoided. However, Region V will delay
requests for Part B permit applications from the existing facilities
until October 9, 1981, or after all State permits have been issued.
This will alleviate some of the permit application burden on the regu-
lated community. The result of this strategy is that no existing fa-
cility will have to submit permit applications to Region V while^eing
processed by the State.
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2. Michigan - Under Act 64, Michigan Department of Natural Resource (MDNR) is
required to issue facility permits within 210 days after the Department be-
gins accepting permit applications. Since the opening date for permit ap-
plication was April 17, 1981, MDNR must issue all State permits by November
14, 1981. As in the case of Ohio, Michigan has not been authorized for
Phase II permitting and therefore State permits are not RCRA permits. The
regulated community will invariably be subjected to State and USEPA permit
requirements. In order to alleviate the permitting burden on the regulated
community, Region V will delay requesting part B permit applications from
the existing facilities until such time when State permitting is completed.
3. Illinois, Indiana, Minnesota and Wisconsin - These States are not required
by their own statutes to permit hazardous waste facilities within a certain
timeframe. As a result, Region V will work with the States through co-
operative arrangements to process RCRA permits jointly prior to State
authorizations. If the state requirements are more stringent than USEPA1 s,
Region V cannot impose those requirements on the facilities in the form of
permit conditions. However, the facility will be notified what the speci-
fic State requirements are and will be directed to contact the State agency
for questions on compliance. If the State requirements are less stringent
than USEPA's, Region V will adhere to its regulations. Compliance with
both State and USEPA regulations will be the basis of State permit and
Federal RCRA permit issuances.^ When it is determined by Region V that the
facility fully complies with USEPA's regulations, Region V will issue a
RCRA permit and the facility must contact the State agency for approval.
The result of this strategy is that the regulated community will be spared
of having to apply for State and Federal permits separately.
: Region V does not issue State permits. State permits are issued by
the State agency separately from the federal RCRA permit.
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E. Special Procedure for Consolidation of Permit Processing
I. General
This special procedure is designed to allow a RCRA permit to be
consolidated with the other permits namely, Underground Injection
Control Program (UIC), Prevention of Significant Deterioration of Air
Quality (PSD), National Pollutant Discharge Elimination System (NPDES)
or State 404 Dredge and Fill Program (404) where such joint permit
processing is feasible and appropriate in the opinion of the PW.
The request for permit consolidation must come from the applicant to
the Regional Administrator (RA). The PW is usually assigned the task
of responding to the applicant's request. In doing so, the PW seeks
out his counterparts in other programs both within Region V EPA or
within a State Agency with the approved programs. He must find out
if such consolidation is feasible and appropriate. The PW then
prepares response for the RA's signature. Three important criteria
for guiding the RA's response are:
1) whether consolidation will expedite the issuance of
the facility's required permits;
2) whether better environmental management will result
from consolidation; and
3) whether resource efficiency will be achieved.
If the RA's decision is to consolidate other permits with RCRA permit,
the PW takes the lead to form a panel of permitting officials with the
written approval of the Division Directors and/or State Program Director.
The first function of this panel should be the determination of what
specific expertise is needed to process the permit applications.
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Based on this information, the panel can draw up work assignments and
reasonable decision schedules. The internal process should be a formal
one requiring specific work products to be signed off within precise
deadlines. This organizational approach is desirable to avoid signifi-
cant delay and confusion. If acceptable to the panel, the PW should
assume the role of a coordinator for the consolidation process.
An additional six months may be given by the PW to the permit applicant
to submit Part B, (i.e., a total of 12 months to prepare Part B applica-
tion may be given.) The areas where consolidation takes place are permit
processing, draft permit preparation, public hearing and issuance of
final permit decisions. They are described as follows:
1. Draft permit preparing
The PW will coordinate with other permit writers in preparing draft
permit and fact sheets which encompass all permit program elements.
Whenever the draft permits are EPA issued permits only, the fact
sheet or statement of basis and administrative record must also be
jointly prepared. For RCRA permit consolidated with a NPDES new
source permit of which an Environmental Impact Statement (EIS) is
needed, the draft permit shall not be issued until a draft EIS is
issued.
Under 40 CFR §124.4(a)(l) Region V can prepare consolidated draft
permits covering the RCRA, UIC, PSD, 404 or NPDES programs regardless
of whether the permit applications were consolidated. When Consoli-
dated draft permits are to be issued, the following activities should
be combined for each draft permit issued:
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a. Administrative Record. This record includes all the information
required for each draft permit issued. This record provides the
basis for issuance of the draft permits and for the decision to
consolidate those permits. The administrative record must contain
the information required for each draft permit. (This information
required for a single RCRA permit is found in Chapter VII on
p. 111.).
b. Statement of Basis or Fact Sheet. For consolidated permits the
statements of basis or fact sheets will be consolidated. The
RCRA permit writer should prepare a RCRA statement of basis or
fact sheet and place a copy in the central administrative file.
Preparation of these documents is described on pages 101 , 102 .
When all necessary statements of basis or fact sheets are in
the file, they should be combined and mailed to the proper
audience (including those persons interested in permits other
than the RCRA permit).
c. Public Notice of Draft Permit Issuance. Once consolidated draft
permits have been prepared, public notice should be given to
inform interested persons of any hearings and public comment
periods. Consolidated public notice is accomplished by giving a
single notice of all the draft permits issued. The information
required to be included in a RCRA public notice are found in
Chapter VI on page 103 ). See also Appendix 2(3.
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d. Public Comments and Requests for Hearings. Public notice for
consolidated draft permits must allow at least forty-five (45)
days for public comments and requests for hearings on all draft
permits issued. Interested parties may commment upon any of the
permits involved during this period.
The RCRA permit preparer must also be aware of any comments
which are received that raise technical questions about a RCRA
permit. If substantial questions are raised, the RCRA draft
permit may be modified or redrafted, or the comment period may
be reopened. These actions should influence the Region to decide
not to consolidate RCRA permits with other permits for the
remainder of the draft permitting procedures.
e. Public Notice Regarding a Hearing on the Issuance of Draft
Permits.
Notice of a consolidated public hearing is prepared and sent out
in a manner similar to that for single RCRA permits with copies
sent to the following additional persons:
a) any agency which has issued or will issue a RCRA, UIC,
PSD or NPDES permit to the facility in question; and
b) when NPDES permits are included, to the U.S. Army Corps of
Engineers, to Federal and State agencies with jurisdiction
over fish, shellfish and wildlife resources, and to other
appropriate governmental authorities including any affected
State.
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2. Public Hearings
Public hearings are the third stage when the consolidation process
may be used. Hearings may be consolidated regardless of whether
the prior stages were consolidated. Holding consolidated public
hearings in no way obligates the Region to consolidate the remaining
permit procedures.
Public hearings for a multi-permit facility may be consolidated
when to do so would accelerate and simplify the issuance of those
permits. Two types of public hearings may be held, as described in
Chapter VIII on page 106 of this strategy.
3. Final Permit Issuance
This is the last step in the permitting process in which permits
may be consolidated. The Region may consolidate the issuance of
final permits provided that the public comment period and public
hearing requirements have been satisfied for each permit involved.
The information to be contained in a final RCRA permit issued in
a consolidated manner will be the same as that contained in an
unconsolidated RCRA permit. The regulations do not require that
all the following activities be consolidated. In keeping with the
intent of streamlining the process, the following actions should
be combined for each permit issued.
a. Date of Issuance. Final permits, when issued in a
consolidated manner will all be issued on the same date.
this is done so that (1) all permits may become effective
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at the same time (unless a review is requested), and (2) all appeal
and/or contesting actions may occur at the same time.
The RCRA permit writer should track the RCRA permit to ensure that
it is prepared and ready for issuance prior to the date of issuance
of all permits. The issuance date is the date of issuance of the
last permit.
b. Notice of Final Permit. Notice of consolidated final permit actions
must be prepared and sent to the applicant and each person who has
submitted written comments or requested notice of the issuance of
any of the final permits. The notice of a final consolidated RCRA
permit contains the single RCRA final permit notice plus the inform-
ation required for final notice for the other permits issued.
The notice that accompanies the issuance of the final permits must
include references to the procedures available to appeal (RCRA, UIC
or PSD permits) or contest (NPDES permits) the permit determination
for each permit involved.
Public notice of final permit issuance will be made in the same
manner as notice of draft permit issuance. The methods described
earlier in this chapter on page should be followed.
c. Administrative Record. A consolidated administrative record should
be maintained for all consolidated final permits. Consolidation of
the record can be accomplished 70 by creation of a central file that
holds a copy of each permit and the record for it. (This file may
already exist if prior actions have been consolidated).
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d. Appeal Procedures. Appeal procedures may be consolidated on a
limited basis only. When final permits are issued in a
consolidated manner, the appeal period (30 days) for each permit
will run concurrently. Also, certain situations may arise where
the appeal of one permit may cause another permit to be included
in that appeal hearing. For example, if a RCRA permit is
consolidated with a NPDES permit, RCRA permit terms may be
included in the NPDES evidentiary hearing if such a hearing is
held. An evidentiary hearing will include RCRA permit issues
if the RCRA permit has terms that are inseparably link to the
NPDES permit. The specific procedures for evidentiary hearings
appear in 40 CFR Part 124 Subpart E.
e. Limitations of Consolidated Permit Appeals. Stays based on
"cross effects" may not be granted. For example, if an NPDES
permit is being contested, conditions of the RCRA, UIC or PSD
permits for the same facility will not be stayed while that
evidentiary heearing is in process. Stays may occur only if
there are specific RCRA or UIC permit terms included as part of
the evidentiary hearing. In that case, affected terms and
conditions will be stayed pending the presiding officer's
recommended decision. If an appeal does not affect RCRA permit
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Issuance, RCRA permit conditions, terms and issuance may not be
altered by that appeal (However, a request for review of a single
RCRA permit stays the affected conditions of that permit. For
new facilities, the applicant remains without a permit pending
final agency action. (§124.16(a)).
II. The Present Limitations to the Consolidation of RCRA Permits
Region V projects that the consolidation of EPA Issued RCRA permits
with the other permits will occur on a limited basis in the next few
years. This is true for both Federal consolidation and Federal-State
consolidation of permits for new and existing HWM facilities. The high-
est priority for consolidation is in the new facility category. There
are three specific new facility situations that present the best oppor-
tunities for the consolidation of Region V administered RCRA permits.
These are:
(1) When a new facility needs a RCRA permit and a NPDES permit
and Region V is the proper authority to issue these permits in
the State.
(2) When a new facility needs a RCRA permit from Region V and an
NPDES permit from the State; and
(3) When the administration of the RCRA permit program is divided
in a State between Region V and the State and the new facility
must receive RCRA permits from both levels of government.
Existing facilities present a more difficult planning and program
coordination task for consolidation purposes. However, RCRA permits
to be issued in 1981. A more lengthy discussion of the planning tasks
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associated with the consolidation of each of these facility categories
is presented below.
i) Consolidation for New Facilities
a. Consolidation of NPDES/RCRA Permit Activities when Region V
is the Administrative Authority for Both Programs in the State.
Consolidation of RCRA and NPDES permits should be accompished to
the fullest extent possible in States where Region V is adminis-
tering both the RCRA and NPDES program. (This is not applicable
to Region V since all State has been delegated the NPDES program)
b. Consolidation of NPDES/RCRA Permit Activities when the State
Adiminsters the NPDES Permit Program and Region V administers
the RCRA Permit Program.
All Region V States have already obtained NPDES authority and
operate a State Pollution Discharge Elimination System (NPDES)
permit program in place of Federal program. In the case the
EPA and a State may coordinate their permitting activities will
be covered under the NPDES program. The circumstances under
which they will need a RCRA permit are equivalent to those
described below. These permits may then be consolidated as
such.
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c. The Consolidation concepts as applied to EPA and the States
where the RCRA permit authority is shared by EPA and the
States.*
Under Phase II of interim authorization, States can be granted
authority to addminister the hazardous waste permit program
in lieu of EPA. Because of delays in promulgating the
technical permitting standards (40 CFR Part 264), Phase II of
interim authorization has been divided into components: 1)
Component A, which includes the permitting of treatment and
storage facilities; 2) Component B, which includes the
permitting of incinerators; and 3) Component C, which will
include the permitting of land disposal facilities. States
have substantial flexibility in how they may apply for Phase
II interim authorization; they may apply by component or for
all components at once after all have been promulgated.
*If a State wishes to participate in the consolidated permits
program with Region V, specific agreements to that effect should be
included in the MOA drawn up at the same time the State applies
for authority under one of the Region V permit programs. This will
facilitate coordination of the issuance of State permits with
the issuance of EPA permits. Consolidation may still occur in
the absence of such agreements.
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Until Region V authorizes a State for Phase if Interim Authorfz-
ation to carry out a permit program in lieu of te Federal permit
program (or authorizes a component of Phase II), Region V must re-
view and process RCRA permit applications in that State. Region
V is also responsible for these activities for those facilities
not covered in a State's authorization for a Phase II component.
However, Region V encourages States to assist the Agency in re-
viewing and processing permit applications until such time as the
State receives its Phase II authorization and can then assume
full responsibility. In addition. Region V will should attempt
to consolidate pennitting with those States that issue permits
under their own unauthorized hazardous waste programs.
Some States will receive authority to permit only certain types of
facilities by virtue of taking on only one component of Phase II.
Region V will retain the authority to issue the permits that these
States are not authorized to issue. For example, a State with
Component A authority may issue a storage permit but not an incin-
erator treatment permit (which Region V would administer situation
under the Component B regulations of Phase II). Thus, the situa-
tion may arise that a major facility will require a RCRA permit
from both the State and the EPA. Under these circumstances, the
multiple permits process should be consolidated as provided in
§124.4(c).
The points for consolidation of Federal and State permit programs
remain the same as for those of an exclusively federal program.
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Thus, the procedures described in Section D of this Chapter
generally however apply to State-Region V consolidation. It
should should be noted issance applies only to timing of the
issuance as agreed to by the Region and the State. In addition,
both the Region V and the State should pay close attention to
procedural differences in their respective programs that may
affect consolidation (e.g. the State may require more formal
hearings). Finally nothing in the Part 123 regulations forces a
State to adopt consolidation as part of its permitting process.
Region V is not given the authority to require a State to consoli-
date activities with the Agency when the facility requires multi-
ple permits. Consolidation between the two will occur only by
mutual agreement of both parties on a case-by-case basis.
ii) Consolidation of Permits for Existing Facilities
Existing facilities that require RCRA permits as well as NPDES
permit renewals incorporating Best Available Technology (BAT) are
a high priority for permit issuance. The next two years present
an excellent opportunity to consolidate some of these permits.
It should be noted, however, that consolidation of these facil-
ities' permits will be more difficult than for new facilities as
it requires more precise planning to coordinate two programs with
somewhat different schedules for permit issuance.
An existing NPDES facility with the exception of POTW may require
a RCRA permit for a part of its treatment train (i.e., a surface
impoundment), or for a separate hazardous waste treatment, storage
or disposal process at the facility. If the facility's NPDES per-
mit
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is expiring and a permit incorporating Best Available Technology
(BAT) requirements must be reissued, some reconstruction at the
facility may be required to meet the new requirements. This con-
struction may affect the portion of the facility that treats, stores
or disposes of hazardous waste. Rather than allow the facility to
proceed with such construction under interim status (see §122.23(c)),
it is more efficient and environmentally beneficial to request the
Part B at that time and process both permits together. Most major
primary NPDES permits will have expired by June 30, 1981. New BAT
permits must be issued to meet the 1984 statutory deadline under
the Clean Water Act. This reissuance cycle coincides with the
effective dates of some facility standards.
The schedule for issuance of NPDES BAT permits will conflict to
some extent with RCRA permit issuance. The majority of BAT permits
are to be issued in the last quarter of fiscal year 1981 and
continuing through 1982. However, this schedule for issuance of
BAT permits should coincide with issuance of some RCRA permits.
For example, new surface impoundments that require NPDES permits
and RCRA permits may consolidate issuance of public notice of
draft permits after August 13 1980 (the effective date for the
Part 267 regulations applicable to new surface impoundments).
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III. Technical Evaluation of Part B Permit Application
The technical review of a RCRA permit application is the substantive aspect
of the permitting process and thus crucial to effective management of hazard-
ous waste at treatment, storage, and disposal facilities. This review re-
quires substantial resources and a wide range of expertise. This chapter pro-
vides a discussion of the guidance manuals for the specific types of facil-
ities that will require permits (Section A), general procedures for all tech-
nical reviews (Section 8), and highlights of technical review for specific
facility types (Section C).
A. Discussion of the Guidance Manuals (Permit Writers Guidance Manual/Tech-
nical Resource Document)
The purpose of technical review is to determine whether a specific fa-
cility should be granted a permit. All HWM facilities must meet the
standards promulgated under 40 CFR Part 264. The design manuals will
help to determine whether the facility that is being considered meets
the regulatory requirements and thus should be given a permit, and will
help in establishing terms and conditions to be contained in that per-
mit.12
the technial manuals provide solid basis for the review, (see also
Appendix 106), they may not answer all of the preprer's questions that will arise
out of the review of the application. The reviewer should be asare of alternative
sources of information including:
a. site inspections;
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On January 12, 1981, EPA published an extensive list of RCRA guidance manuals
that will be available to regional permitting personnel. An updated version
of this list appears in Appendix 10 of this strategy. Every guidance manual
is readily accessible to all permit personnel. The manuals serve three impor-
tant functions: (a) to provide a reference source for the permit writer to
use when evaluating a facility's design and operating plan; (b) to describe
available technologies for the different types of HWM facilities and (c) to
provide supplemental information that includes data for facilities that go be-
yond the state-of-the-art, i.e. those not designed or operated in the usual
manner. The data will include both successful and unsuccessful cases to pro-
vide a thorough review of the technologies that have been developed for hazar-
dous waste handling.
b. the request of additional information from the applicant;
c. personnel within the Agency that have specific expertise in the area in-
volved;
d. State authorities of the State in which the facility is located or pro-
posed to be located.
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B. General Procedures
Technical review should officially begin once the application is deemed com-
plete. The purpose of the review is to make sure that the facility in question
has satisfied all the siting, design and operation criteria, and closure, post-
closure and financial requirements set out in 40 CFR Part 267. This section
relates design manuals to items on the permit application. It is intended to
guide the permit preparer in steps which should be taken before he/she refers
to the more specific procedures that apply to a specific type of facility.
Since there are many items required from the applicant, the following proce-
dures are used to facilitate the review of the application.
1. As the permit writer initiates the review, she/he should make sure that all
items required are present in the file by using the Completeness Checklist
(Appendix 8 ).
2. The permit writer will then determine which of the guidance manuals
should be consulted for the facility in question. The "Introduction" of
each manual should give the scope of the manual.
3. The following information required by Part B should be organized for
review under these headings:
(i) siting;
(ii) design and construction;
(iii) operating procedures;
(iv) waste compatibility;
(v) closure procedures; and
(vi) financial responsibility.
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4. Once this information is organized for separate mini-reviews it should
be checked to see if it matches the individual information components
as discussed below.
(i) Siting* For siting considerations, the following items are needed for
evaluation: (See Section E of this Chapter for site assessment)
- a topographic map;
- description of the site geology, physiography, soil depth and de-
scription of geological column;
- a description of site hydrology, and groundwater hydrology, if
applicable; and
- a description of the climate in the area.
(ii) Design and Construction. For design requirements and construction
considerations, the following items are needed for evaluation: (See
Section C for technical criteria of different facility types)
- a description of the structures, buildings, equipment and machin-
ery used at the hazardous waste facility;
- site preparation plans;
- design plans; and
- the planned life of the hazardous waste management facility based
on projected use and expansion potential.
(ill) Operating Procedures. The following information is needed for
operating procedure considerations:
- procedures for handling wastes and submitting reports;
- a detailed plan of operation and maintenance;
- a contingency plan for emergency situations;
- a plan for visual inspection;
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- an air, surface, and groundwater monitoring plan;
- a plan for conducting trial burns at incinerators; and
- job descriptions of persons responsible for hazardous waste
management.
(iv) Waste Compatability» Waste compatability considerations include a
list of incompatible wastes, a plan for segregation of incompatible
wastes and a description of how they will be handled.
(v) Closure and Post-Closure. Closure procedure considerations include
the plan for closure and if applicable, post-closure of the hazar-
dous waste management facility, and the estimated cost of closure
and post-closure care.
(vi) Financial Responsibility. Financial considerations must include
listing of the applicant's performance bonds, insurance carriers and
policies, trust instruments, or other instruments which will consti-
tute continued financial responsibility. Once the information is
assembled as described above, it should be analyzed to determine
whether the facility will conform to the requirements of 40 CFR Part
264. This is to be done by using the guidance and technical re-
source documents. This procedure will facilitate the evaluation of
the submitted information against the design and operation proce-
dures to determine the technical adequacy of a facility. For evalu-
ation of financial responsibility see Chapter IV on p.T* .
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C. Highlights of Technical Review for Specific Facility Types
The technical evaluation of a Part B permit application is based upon three
critical aspects as embodied in the Part 264 regulations. The first of these
is the site assessment as given under the 40 CFR 264 Subpart B General Facility
Standards, which discuss the hazards a facility may present to human health and
the environment depending on the specific location of a facility on the earth's
crust. Second, the engineering design governs the performance of a facility,
thereby putting limitations on the capability of a facility to treat, store or
dispose of hazardous wastes. Third, the risks to human health, environment,
and wildlife are evaluated in order to determine the extent of risks involved
in the operation of the facility. Based on the review of these factors, a
permit writer can decide whether or not to issue a RCRA permitJ
1. Site Assessment
In order to avoid the hazards which a facility may present to human health
and the environment, a facility must be located so as to minimize risks.
In this regard, there are two important factors that must be evaluated in
accordance with the facility location standards.
(i) Seismic Considerations;
The Seismic Considerations of the location standards prohibit place-
ment of new hazardous waste management facilities within
degree of compliance by existing faciilties with Part 264 is expected to
be lower than new facilities. This is particularly noticeable in the areas of the
location, design and performance requirements. Many facilities will experience
constraints such as financial responsibilities, insufficient areass or obtaining
easements. The PW must then have to use good judgment and sensitivity in permit-
ting existing facilities. Where the environment is not immediately threatened,
the PW could impose permit conditions in the form of a compliance schedule or a
shorter term permit. This will allow time for the facility to upgrade itself and
spare the necessity of facility closure which will result in more capacity shor-
tages in Region V.
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200 feet of any fault which has had a displacement In Holocene time. The im-
portant aspect of this location criterion is that it applies to any fault,
thereby giving ample protection against the effects of displacements. (The
Holocene is a geological time period which extends from the end of the Pleis-
tocene Period to the present; this covers approximately the last 11,000 years).
(ii) Surface Water Protection and Washout:
This factor addresses the protection of the facility from washout, and possible
contamination of surface water by the facility. The Floodplains portion of the
site assessment requires the facility to be constructed in a location above
the 100-year floodplain so as to eliminate any washout of hazardous waste by a
100-year flood. The term "100-year flood" means a flood that has a one per-
cent chance of occurrence in any given year. EPA's primary concern in this
matter is that the waste will wash out of, or be carried in, flood waters from
the active portion of the facility. This can lead to potential contamination
of other areas through direct contact of the waste with surface water, ground-
water, aquatic life, soil, animals and human beings. The hydrostatic and hydro-
dynamic forces exerted by flood waters can cause damage to landfill cells,
•> tanks, incinerators, and other treatment units, thereby resulting in waste
leakage to environment.
'ii) Siting for Class I Injection Wells:
All Class I wells shall be sited in such a fashion that they inject waste into
a formation which is beneath the lowermost formation containing, within one
quarter mile of the well bore, an underground source of drinking water.
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2. Design Factors - Best Engineering Judgment
Facilities which treat, store and dispose hazardous waste must use "best en-
gineering judgment" (BEJ) in designing equipment, treatment processes, and
appropriate site conditions so as to eliminate present and future releases of
hazardous wastes into the environment. Parts 264 and 267 of the hazardous
waste regulations are basically performance oriented and do not lay out speci-
fic engineering design methods. Instead, technical guidance and permit writer
guidance manuals will provide information on the generally accepted practices
and design factors for such facilities. In this section, significant technical
parameters in the engineering design of the following hazardous waste facil-
ities are summarized: Landfills, Surface Impoundments, Land Treatment, Waste
Piles, Injection wells, Incinerators, and Tank and Container Storage Facil-
ities. Groundwater Monitoring is also summarized.
(i) Landfills
New landfills are required to comply with the following design parameters as
listed in 40 CFR Part 267 of the hazardous waste regulations published on
February 13, 1981. (In addition, the PW could use the proposed Part 264 rules
published on February 5, 1981, as guidance for permit issuance.)
a. Each landfill must include a liner which reflects a consideration of the
following:
1) the physical and chemical characteristics of the waste in the facility;
2) the pressure head of leachate on the liner;
3) climatic conditions in the area;
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4) The permeability of the liner material, including compaction density
and moisture content where earthen materials are present;
5) The physical and chemical properties of the soil underlying the facil-
ity that supports any emplaced liner; and
6) The potential for damage to the liner system that could occur during
installation of any emplaced liner.
b. Each landfill must include a leachate and runoff control system,
which must reflect a consideration of:
1) The physical and chemical characteristics of the waste in the
facility;
2) Climatic conditions in the area;
3) The volume of leachate or contaminated runoff that could be
produced at the facility; and
4) The available options for managing any leachate or contaminated
runoff that is collected at the facility.
Other recommended design considerations based on Part 264 proposed
rules include the following:
c. All new landfills and new landfill cells must have a leachate
monitoring system capable of producing representative samples of
leachate.
d. Any liner systems present at the facility must be constructed:
1) of materials which have appropriate chemical properties and
strength and of sufficient thickness to prevent failure due to
pressure head, physical contact with the waste to which they
are exposed, climatic conditions, the stress of installation,
and the stress of daily operation; and
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2) On a foundation or base capable of providing support to the liner(s)
and resistance to static head above the liner(s) to prevent failure of
the liner(s) due to settlement or compression.
e. Any leachate collection and removal system present at the facility
must be constructed:
1) of materials which have appropriate chemical properties and
are of sufficient strength and thickness to resist collapse or
clogging under the pressures exerted by the overlying wastes,
waste cover materials and by any equipment used at the facil-
ity, and
2) with sufficient capacity to achieve and maintain a leachate
depth of one foot or less at any point on the base of the
landfill.
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(ii) Surface impoundments
New surface impoundments must comply with requirements as delineated in
40 CFR Part 267 of the hazardous waste regulations published on
February 13, 1981. The PW can also use the proposed Part 264 rules pub-
lished on February 5, 1981, as guidance in permit issuance.
Other recommended design considerations (based on Part 264 proposed rules)
are noted below.
a. A surface impoundment must be designed to provide the following:
1) at least 60 centimeters (2 feet) of freeboard; or
2) an amount of freeboard other than 60 centimeters based on documen-
tation, acceptable to the Regional Administrator, that the speci-
fied amount of freeboard will prevent overtopping (The amount of
freeboard approved by the RA shall be specified in the permit).
b. A surface impoundment must be designed so that any flow of waste into
the impoundment can be immediately shut off in the event of overtopping
or liner failure.
c. A surface impoundment must be designed to prevent discharge into the
land and groundwater, and to surface water (except discharges authoriz-
ed by an NPDES permit) during the life of the impoundment by use of a
containment system which complies with §264.223. The RA shall include
the design of the containment system as a term and condition of the
permit.
d. Dikes must be designed with sufficient structural integrity to prevent
massive failure without dependence on any liner system included in the
surface impoundment design.
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e. A leachate detection, collection, and removal system must be designed
so that liquid will flow freely from the collection system to prevent
the creation of a pressure head within the collection system in excess
of that necessary to cause the liquid to flow freely.
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(iii). General Design Requirement for Land Treatment Facilities
Each land treatment facility must include a runoff control system whose design
reflects a consideration of of the following:
a. the physical, biological and chemical characteristics of the waste in
the facility;
b. climatic conditions in the area;
c. the volume of runoff that could be produced at the facility; and
d. the available options for managing any contaminated runoff that is
collected at the facility.
(iv). General Design Requirements for Waste Piles
a. A waste pile must be designed to control dispersal of the waste by wind,
where necessary, or by water erosion.
b. A waste pile must be designed to prevent discharge into the land,
surface water, or ground water during the life of the pile by use of a
containment system. The system must consist of the following:
1) a leachate and runoff collection and control system; and either
of the following:
2) a base underlying, and in contact with, the waste pile that is
made of a liner (or liners) which prevents discharge into
the land, surface water, or ground water during the life of
the pile based on the liner(s) thickness, the permeability of
the liner(s), and the characteristics of the waste or leachate
to which the liner(s) is exposed (The liner(s) must be of sufficient
strength and thickness to prevent failure due to puncture, cracking,
tearing, or other physical damage from equipment used to place waste
in/on the pile or to clean and expose the liner surface for
inspection); or
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3) A base as in paragraph (2) of this Section, except that the liner(s)
need not be of sufficient strength and thickness to prevent failure
due to physical damage from equipment used to clean and expose the
liner surface for inspection and a leachate detection, collection,
and removal system beneath the base to detect, contain, collect, and
remove any discharge from the base (The leachate detection, collec-
tion, and removal system must be placed above the waste table to
ensure the detection of any discharge through the base; to prevent
the discharge of ground water into the leachate detection, collec-
tion, and removal system; and to protect the structural integrity of
the base. A highly impermeable liner beneath the drainage layer is
a necessary part of a leachate detection, collection, and removal
system. The groundwater table may be controlled to comply with this
requirement).
c. A waste pile base must be contructed:
1) of materials that have appropriate chemical properties and strength
and of sufficient thickness to prevent failure due to pressure of,
and physical contact with, the waste to which they are exposed,
climatic conditions, and the stress of installation; and
2) on a foundation capable of providing support to the liner(s) and to
loads placed or moving above the liner(s) to prevent failure of the
liner(s) due to settlement or compression.
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(v) Groundwater Monitoring
The design of groundwater monitoring systems is an essential part of new
landfill, surface impoundment, and land treatment facilities.
The groundwater system required by the Part 267 regulations must be capable
of determining the facility's impact on groundwater in the uppermost aquifer.
The design of the groundwater monitoring system must reflect a consideration
of the following:
a. the placement and depth of monitoring wells, necessary to obtain a repre-
sentative sample of constituents in the uppermost aquifer, including
those present in the groundwater upgradient from the facility;
b. measures such as casing which maintain the integrity of the monitoring
well bore hole; and
c. measures which prevent contamination of groundwater samples.
(vi) General Design Requirements for Underground Injection Wells
The facility design for an injection well must include measures (e.g., casing,
tubing and packer set) to prevent the escape of injected fluids to the area
above the zone of injection.
Other recommended considerations (Based on Part 264 Proposal Rules) are the
following:
a. An underground injection well which discharges hazardous waste below the
surficial aquifer must be designed and installed to prevent the migration
of hazardous waste and decomposition or reaction byproducts from the well
casing and from the zone of containment.
b. An injection well must be designed and installed in accordance with the
technical requirements and specifications of in 40 CFR Part 146.
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c. All Class I wells shall be cased and cemented to prevent the movement of
fluids into or between underground sources of drinking water. The casing
and cement used in the construction of each newly drilled well shall be
designed for the life expectancy of the well.
In determining and specifying casing and cementing requirements, the
following factors shall be considered:
1) Depth to the injection zone;
2) Injection pressure, external pressure, internal pressure, and axial
loading;
3) Hole size;
4) Size and grade of all casing strings (wall thickness, diameter,
nominal weight, length, joint spescification and construction
material);
5) Corrosiveness of injected fluid, formation fluids, and temperatures;
6) Lithology of injection and confining intervals; and
7) Type or grade of cement
d. All Class I injection wells, except those municipal wells injecting non-
corrosive wastes, shall inject fluids through tubing with a packer set
immediately above the injection zone, or tubing with an approval fluid
seal as an alternative. The tubing, packer, and fluid seal shall be
designed for the expected service.
1) The use of other packer alternatives may be allowed with written
approval of the Director, (Director of Air and Hazardous Materials
Division) in Region V.
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To obtain approval, the operator shall submit a written request to the
Director, who may approve the request if the alternative method reli-
ably provides a comparable level of protection to underground sources of
drinking water. The Director may approve an alternative method solely
for an individual well or for general use.
2. In determining and specifying requirements for tubing, packer, or alter-
natives, the following factors shall be considered:
i. Depth of setting;
ii. Characteristics of injection fluid (chemical content, corrosiveness,
and density);
iii. Injection pressure;
iv. Annular pressure;
v. Rate, temperature, and volume of injected fluid; and
vi. Size of casing.
e. Appropriate logs and other tests shall be conducted during the drilling
and construction of new Class I wells, and these tests shall be logged.
A descriptive report intrpreting the results of such logs and tests
shall be prepared by a qualified log analyst and submitted to the
Director. At a minimum, such logs and tests shall include the follow-
ing information:
1) Deviation checks on all holes constructed by first drilling a pilot
hole and then enlarging the pilot hole, and then enlarging the
pilot hole reaming, or another method. Such checkss shall be at
sufficiently frequent intervals to assure that vertical avenues for
fluid migration in the form of diverging holes are not created
during drilling.
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3) Such other logs and tests as may be needed after taking into account the
availability of similar data in the area of the drilling site, the con-
struction plan, and the need for additional informational, that arise from
time to time as the constuction of the well progresses.
^,
i. For surface casing intended to protect underground sources of drink-
ing water,
A. Resistivity, spontaneous potential, and caliper logs before the
casing is installed; and
B. A cement bond, temperature, or density log after the casing is
set and cemented.
ii. For intermediate and long strings of casing intended to facilitate
injections
A. Resistivity, spontaneous potential, prrosity, and gamma ray logs
before the casing is installed; and
B. Fracture finder logs; nad
C. A cement bond temperature, or density log after the casing is set
and cemented.
f. At a minimum, the folowing information concerning the injection forma-
tion shall be determined or calculated for new Class I wells:
1) Fluid pressure;
2) Temperature;
3) Fracture pressure;
4) Other physical and chemical characteristics of the injection ma-
trix; and
5) Physical and chemical characteristics of the formation fluids.
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(VII) General Design Requirements for Incinerators
The generally accepted practices in incinerator design are covered in detail
by the following two manuals published by EPA: 1) Permit Writers Guidance
Manual: Incineration, 2) Engineering Handbook for Hazardous Waste Incinera-
tion.
The hazardous waste incineration regulations promulgated on January 23, 1981,
rely heavily on performance standards with few operating requirements. These
regulations allow great flexibility to tailor operational and design needs
for individual facilities. However, it is sometimes impractical to continously
monitor performance criteria, e.g., destruction and removal efficiency (ORE)
especially when quick response time may be important.
The PW, therefore, must exercise judgment in determining design adequacy and
impose specific operating requirements if necessary to ensure that the perfor-
mance standards are met. Region V will also use the proposed rules promulgat-
ed on February 23, 1981, as a guide in rendering variance to the ORE based on
an assessment of risk to human health, and setting emission limits for hazar-
dous combustion byproducts, toxic metals, and hydrogen halides.
Basically three performance standards are required by EPA:
a. a ORE of 99.99% for each principal organic hazardous constituent (POHC);
b. a 99% removal rate of hydrogen chloride from the exhaust gas if the burned
waste contains more than 0.5% chlorine;
c. a particulate emission that does not exceed 180 mg/dry standard cubic
foot when corrected for 12%
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The following evaluation criteria deal with two generic designs which are
most commonly used for the treatment of hazardous wastes. These two types
of incinerators are liquid injection incinerators and rotary kiln/after
burner incinerators. The criteria are based upon the following:
1) Acceptable temperature, residence time, oxygen concentrations, and mix-
ing;
2) Capabilities of various components of the incineration system to handle
the quantities of waste to be burned;
3) Process control and shutdown capability to minimize the release of
hazardous waste in the event of equipment malfunction.
A. Liquid Injection Incinerators
1. Auxiliary Fuel Firing System - The incinerator must reach a steady state
temperature sufficient to effect a 99.99% ORE of the POHCs before the
waste is introduced. This may consist of separate burners for auxiliary
fuel, dual-liquid burners, or single-liquid burners equipped with a
pre-mix system, whereby fuel flow is gradually turned down and waste
flow is increased after the desired operating temperature is attained.
Each burner must be mounted in a refractory block or ignition tile.
This is necessary to confine the primary combustion air introduced
through the burner, to ensure proper air/waste mixing, and to maintain
ignition.
2. Atomization Techniques - Before a liquid waste can be combusted, it must
be converted to the gaseous state. To effect a rapid vaporization, it is
necessary to increase the exposed liquid surface area by finely atomizing
the liquid to small droplets, usually a 40 micron size or smaller.
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The liquid waste should have a maximum kinematic viscosity of about 250
SSU. The viscosity can be reduced by heating with tank coils or in-line
heaters not exceeding SOO^F. Any gases or solid must be trapped and
removed from the liquid waste prior to atomization. Atomization can be
achieved by methods such as rotary cup atomization, single-fluid pressure
atomization, two fluid - low pressure air atomization, two fluid - high
pressure air atomization and two fluid - high pressure steam atomization.
3. Excess Air Evaluation - In the combustion of waste feed, an amount of
air exceeding the stoichiometric requirement is necessary to ensure
adequate waste/air contact. Since excess air also acts as a diluent in
the combustion process, it reduces the temperature in the incinerator.
When highly aqueous or other low heating value waste is being burned,
excess air should be minimized to keep the temperature as high as possi-
ble. Normally, 10% to 20% excess air (i.e., 1.1 to 1.2 times the stoi-
chiometric requirement) must be supplied to the burner to prevent smoke
formation in the flame zone. The total excess air rate should exceed
20% to 25% to insure adequate waste/air contact in the secondary combus-
tion zone.
4. Incineration Temperature - Complete waste incineration requires a tem-
perature and heat release rate in the incinerator high enough to raise
the temperature of the incoming waste constituents above their respective
ignition temperatures. In cases where incineration intermediates are
more stable than the original waste constituents, higher temperatures
are required for complete combustion than for parent compound destruc-
tion.
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Note also that heat transfer, mass transfer and kinetic reaction rates
increase with increasing temperature, thereby, lowering the residence
time requirements. Generally liquid injection incinerator temperatures
range from 1,400°F to 3,000°F depending on the generic design, type of
waste burned and the location within the combustion chamber. Usually
1,4000p is the minimum temperature needed to avoid smoke formation. A
more typical hazardous waste incineration temperature is 1,800^F, al-
' though temperatures of 2,000°F to 2,200°F are usually employed for
halogenated aromatic wastes.
5. Residence Time Evaluation - The residence time is an important design
and evaluation factor beacuse a finite amount of time is required for
each step in the heat transfer/mass transfer/reaction pathway to occur.
In liquid waste combustion, discrete time intervals are required for
heat transfer from the gas to the surface of atomized droplets, liquid
evaporation, mixing with oxygen in the gas stream and reaction, which
itself involves a series of individual steps depending on the complexity
of waste molecules. The total time required for these processes to occur
depends on the temperature in the combustion zone, the degree of mixing
achieved, and the size of the liquid droplets.
Residence time requirements increase as combustion temperature is de-
creased, as mixing is reduced, and/or as the size of discrete waste par-
ticles is increased. Typical residence time in liquid injection incin-
erators range from 0.5 to 2.0 seconds.
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6. Mixing Evaluation - In liquid waste incinerators, the degree of mixing
is determined by the specific burner design, combustion product gas and
secondary air flow patterns in the combustion chamber, and turbulence.
Turbulence is related to the Reynolds number for the combustion gases.
In conventional liquid injection incinerators or afterburners, it is
possible to simplify the Reynold's number to consideration of superficial
gas velocity only. Adequate turbulence is usually achieved at superfi-
cial gas velocities of 10 to 15 ft/s. Turbulence can be promoted by
introducing the primary combustion air tangentially to the burner, intro-
ducing secondary air tangentially and proper burner alignment to allow
cyclonic flow. Turbulence can also be increased by baffles in the secon-
dary combustion zone or steam jets.
7. Prime Mover Capacity Evaluation - Prime movers in hazardous waste incin-
eration systems are nearly always induced draft fans located downstream
from the air control devices. For the overall system to function proper-
ly, this fan must be capable of moving the combustion gases through each
air pollution control device while overcoming the corresponding pressure
drops. As the total pressure drop through the system increases, the
volumetric flow capacity of the fan decreases. The functional relation-
ship between these two variables, pressure and flow capacity at a speci-
fic temperature, should be specified by the manufacturer.
8. Combustion Process Control and Automatic Shutdown Systems Evaluation -
All incinerators should be equipped with combustion process control
systems to maintain the desired conditions of temperature and excess
air.
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Incinerators burning hazardous wastes should also be equipped with auto-
matic shutdown systems in order to prevent the release of hazardous
materials into the environment in the event of flame out, other combus-
tion process upsets, or air pollution control device failure. Flame
scanner is commonly employed in automatic temperature control system in
conjunction with high and low temperature sensors at the outlet from the
incinerator.
9. Fugitive emissions - Fugitive emissions from the combustion zone must be
controlled by keeping the combustion zone sealed.
B. Rotary Kiln Incinerators
1. Afterburner - All rotary kiln incinerator designs should include an
afterburner. The primary function of the kiln is to convert solid waste
into gases, which occurs through a series of volatilization, destructive
distillation, and partial combustion reactions. However, the afterburner
is almost always required to complete the gasphase combustion reactions.
The afterburner should be connected directly to the discharge end of the
kiln, whereby the gases exiting the kiln turn from a horizontal flow
path to a vertical flow path upwards to the afterburner chamber. The
afterburner itself may be horizontally or vertially aligned.
2. Auxiliary Fuel Firing System - The incinerator may reach steady state
temperature sufficient to effect a 99.99% ORE of the POHCs before waste
is introduced. The auxiliary fuel system may consist of separate burners
for auxiliary fuel, dual-liquid burners designed for combined waste/fuel
firing, or single-liquid burners equipped with a pre-mix system, whereby
fuel flow is gradually turned down and liquid waste flow is increased
after the desired operating temperature is attained.
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If liquid wastes are to be burned in are to be burned in the kiln and/or
afterburner, additional
considerations should be given to:
- flame retention characteristics of the burners
- burner alignment to avoid flame impingement on refractory
walls and
- burner alignment to avoid inteference with the operation
of other burners.
3. Physical Waste Property - Although liquid wastes can be burned in rotary
kiln incinerators, their principal application is for combustion of
solid wastes. The only wastes that create problems in rotary kilns are
(1) aqueous organic sludges that become sticky on drying and form a
ring around the kiln's inner periphery, and (2) solids (e.g., drums)
that tend to roll down the kiln and are not retained as long as the bulk
of solids. To reduce this problem drums and other cylindrical containers
should not be introduced into the kiln when it is empty. Other solids
in the kiln help to impede the rolling action.
4. Excess Air Evaluation - From the percentages of carbon, hydrogen,
oxygen, nitrogen, sulfur, halogens and phosphorus in the waste, one
can calculate stoichiometric combustion air requirements and predict
combustion gas flow and composition. In the rotary kiln/afterburner
higher excess air rates are needed because the efficiency of air/solid
contact is less than that for air and atomized liquid droplets.
Typical excess air rates range from 140% to 210% or greater, depending
on the desired operating temperature and heating value of the waste.
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5. Incineration Temperature - Complete waste incineration in rotary kiln/
afterburner systems requires a residence time and temperature high
enough to volatile, oxidize or convert all organic components of waste
to a gaseous state. In addition, the afterburner temperature must be
sufficiently high to heat all volatized wastes and combustion
diates intermediates above their respective ignition temperatures. The
temperature and residence time must be able to complete the combustion
reaction. Temperatures in rotary kiln incineators usually range from
about 1,400°F to 3,000OF, depending on the types of waste being burned
and the location in the kiln. Common operation temperatures, measured
outside of the flame zone are 1,500°F to 1,600°F.
6. Residence Time Evaluation - Solid retention times in rotary kilns are a
function of the length-to-diameter ratio of the kiln (L/D), the slope of
the kiln and its rotational velocity. Typical ranges for the parameters
are L/D = 2-10, 0.03 - 0.09 ft/ft slope and 1-5 ft/min rotational speed
measured at the kiln periphery. Afterburner residence times usually fall
in the same range as those for liquid injection incinerators: 0.5 - 2.0
seconds
7. Mixing Evaluation - In rotary kiln incineration systems, both the degree
of air/solids contact in the kiln and gas mixing in the afterburner must
by considered. As ' rotational velocity is increased, the solids are
carried up higher along the kiln wall and showered down through the
air/combustion mixture. Typical rotational velocities are in the range
of 1-5 ft/s measured at the kiln periphery. In the afterburner, superfi-
cial gas velocities should be maintained at 10 ft/s to 15 ft/s to promote
adequate turbulence and mixture.
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8. Prime Mover Capacity Evaluation - For the rotary kiln incinerator and
ancillary air pollution control system to function properly, the prime
mover must have sufficient capacity to handle the volumetric flow of
combustion gases and overcome the pressure drop across the system.
9. Combustion Process Control and Automatic Shutdown System Evaluation -
Termination of solid waste feed to the kiln where low temperatures are
sensed at the kiln outlet. If the feed into the kiln is automatic or
senriautomatic, then the low temperature cutoff system should also be
automatic. If manual feeding is employed, an alarm system is needed to
warn the operator. Solid waste feed should also be terminated on the
loss of negative pressure at the kiln outlet. In addition, liquid
waste or auxiliary fuel feeds must be terminated on loss of ignition.
Solid waste feed to the kiln must also be terminated if low temperatures
are sensed at the afterburner outlet or high temperatures well above
the operating temperatures.
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(VIII) Tank and Container Storage Design
a. Tanks must have sufficient shell strength and for closed tanks, pressure
controls (e.g., vents) to assure that they do not collapse or rupture.
The PW will review the design of the tanks, including the foundation,
structural support, seams and pressure controls. The PW shall require
that a minimum shell thickness be maintained at all times to ensure
sufficient shell strength. Factors to be considered in establishing
minimum thickness include the width, height, and materials of construction
of the tank, and the specific gravity of the waste which will be placed
in the tank. In reviewing the design of the tank, and establishing a
minimum thickness, the PW shall rely upon appropriate industrial design
standards and other available information. Design standards for certain
types of tanks are published by the American Petroleum Institute, Under-
writer's Laboratories, the American Concrete Institute, and several other
organizations. Other design considerations include the following: 1)
prevention of corrosion by assuming proper performance of the cathodic
protection system, and 2) the control system of the tank to prevent over-,
flow by feed cutoff or system bypass control.
b. Container storage areas must have a containment system that is capable of
collecting and holding spills, leaks, and precipitation. The containment
system must:
1) have a base underlying the containers which is free of cracks or gaps
and is sufficiently impervious to contain leaks, spills, and accumu-
lated rainfall until the collected material is detected and removed;
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2) be designed for efficient drainage so that standing liquid does not
remain on the base longer than one hour after a leakage or precipita-
tion event unless the containers are elevated or in some other manner
are protected from contact with accumulated liquids; and
3) have sufficient capacity to contain 10% of the volume of containers
or the volume of the largest container, whichever is greater.
4) Run-on into the containment system must be prevented, unless the PW
waives this requirement in the permit after determining that the col-
lection system has sufficient excess capacity in addition to that
required in paragraph (a)(3) of this Section to accommodate any runon
which might enter the system.
5) Spilled or leaked waste and accumulated precipitation must be removed
from the sump or collection area in as timely a manner as is necesary
to prevent overflow of the collection system. If the collected ma-
terial is a hazardous waste under 40 CFR Part 261, it must be managed
as a hazardous waste in accordance with all applicable requirements
of 40 CFR Parts 262-266. If the the collected material is discharged
through a point source to waters of the United States, it is subject
to the requirements of Section 402 of the Clean Water Act, as amended.
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0. Risk Assessment
In keeping with the spirit of RCRA, the Part B permit procedure is
being promulgated to insure environmentally-sound operation of hazar-
dous waste treatment, storage, and disposal facilities.
A very important section of the Part B permit approval process is the
assurance that an unreasonable risk to human health will not occur as
a result of a TSD site operation. This part of the guidelines deals
with the risk assessment technique which forms a link between facility
performance standards and human health impacts.
The risk assessment procedure related the hazard (toxicity) of a sub-
stance to possible human exposues and involves the use of four types
of information. First, data must be available as to the types and con-
centrations of pollutants being discharged into groundwater or air.
The rate of discharge must also be known. This type of data can be ob-
tained from waste analysis, engineering calculations, and in the case
of incineration, from the results of a trial burn. Second, estimates
must be calculated as to the levels of the pollutants to which humans
would be exposed. For air discharges, ground level concentrations are
predicted by the use of air dispersion modeling (Appendix 11). Dif-
ferent methods are employed for calculating groundwater pollutant con-
centrations (Appendix 12).
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Third, estimates are needed as to the extent of the expected human ex-
posure. These estimates are calculated in a conservative and simpli-
fied manner (Appendix 13). Last, the consequences of exposure need to
be extrapolated and calculated using the appropriate mathematical
model for carcinogens, and other acceptable data and procedures for
non-carcinogens (Appendix 14).
After evaluation of the above mentioned data, the Regional Administra-
tor must determine the maximum allowable level of pollutant which may
be emitted without posing an unreasonable risk to human health. Facil-
ity performance standards designed to meet these maximum levels of
emissions would become part of the facility permit.
If a risk assessment analysis shows that a more restrictive discharge
limit is needed to protect human health, the mass emission rate would
be lowered (for incinerators this could mean a higher ORE and/or lower
feed rate.) The reverse could also be true and the mass emission rate
could be increased.
An acceptable risk assessment may not be possible in all cases (i.e.,
due to lack of information) or not be required. If this is the case,
then set performance standards should be the basis for permitting
(e.g., 99.99% ORE).
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IV. FINANCIAL EVALUATION PROCESS
A. Interrelationship with Other H.W. Information
When properly implemented, the financial responsibility program provides
new depth to EPA's regulatory activities. In some respects, it is as if
EPA recruits insurers, banks, sureties and auditors to oversee the opera-
tional health of HWM facilities. These third parties must notify EPA of
planned withdrawal of their respective coverages. Price increases may
push a facility to seek a different coverage mechanism or less wary in-
stitution. The change may indicate unsafe operating practices, requiring
corrective actions. Nonetheless, the change is a distress signal, and
ought to alert Region V that inspection or investigation is warranted.
Similarly, outside reports may need to be funneled through EPA's financial
responsibility staff. Manifest exception reports, trade complaints, and/
or unusual consumer complaints may have financial signalling information,
and may indicate that investigation is warranted. Inspection information
needs to be compared with financial information previously submitted.
On-site inspection may disclose the sham nature of a closure (post-
closure) plan. The reported and actual sizes of an operation may be
quite different. The environmental risk of an operation may be unaccept-
able. Should investigation disclose facility bankruptcy, the Region may
have a claim in addition to the corpus of the trust; this is because the
trust is only partly funded for most of its life and the closure estimate
may be based on an inadequate closure (post-closure) plan.
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76
In short, with the required (by regulation) institutional reporting and
other administrative reports, financial responsibility monitoring is
feasible and can be useful in formulating inspectional strategy.
B. Numbering Financial Institutions for ADP Retrieval
A numbering system will be imperative if Region V is to automate the
storage and retrieval of financial information. It has been decided that
Region V bases the numbering system on several accepted references. The
numbering system identifies the reference with an alphabtical character,
the year of publication with the last two digits of the year of publica-
tion, the page number, and the item number on the page. For example:
B80215041 = American Bank Direcory
1980
page 215
entry 41
Since no provision has been made for financial information in the Part A
ADP system, and it is imperative that EPA has a functioning retrieval
system in 1981, this will be a workable solution. The accepted reference
list is:
Rand McNally International Bankers Directory
Best's Insurance Reports Property Casual
Treasury Circular 570 (T)
Who Audits America (A)
C. Financial Evaluation Process
RCRA regulations establish fiancial responsibility requirements for all
treatment, storage and disposal facilities. The financial responsibility
requirements of RCRA seek to assure that:
1. persons affected by hazardous waste release have monetary compensation
through insurance reimbursement; and
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77
2. hazardous waste facilities that cease operation provide for closure
and monitoring of the site.
The Regional strategy indicated below outlines the steps to be followed to
assure that financial instruments submitted contain all EPA required provi-
sions and are prepared by qualified institutions in acceptable dollar amount.
Both interim status regulations and permit regulations require proof of finan-
cial responsibility. The effective date has been rescheduled for October 13,
1981.
Procedure: (See Figure 3 for flow chart)
a. Financial mail arrives at the following address via certified mail:
RCRA Activities
Region V
P.O. Box A3587
Chicago, Illinois 60690
b. RAIS collects financial mail, opens it and prepares a Financial Document
Inventory Sheet (Appendix 15).
c. RAIS logs in the receipt of the documents, using a separate log book from
the one requesting Part B Permit applications, separate logging is indi-
cated as the financial requirements affect all facilities.
d. RAIS makes copies of the financial document and puts the copy with the
permit application. (If the document does not come with the bulk of Part
B permit application, the copy is given to the PW.)
e. RAIS forwards a copy of the document to the Financial Responsibility Staff
(FRS).
f. RAIS secures the originals of the financial document and files it on an
inventory sheet by institution number, facility ID number and date receiv-
ed. (See Section D for security measures.)
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g. Once FRS receives a photocopy of the financial document, the FRS may proceed
to review the document.
h. FRS reviews the documents against EPA approved financial instruments and pub-
lished listings of acceptable institutions, and calculates closure costs
against standards, using the financial instrument checklist (Appendix 16).
i. In reviewing the instrument validity, violation history, and dollar amount of
coverage deficiency, the FRS may decide that the instrument is unacceptable
and indicate five areas of improvement necessary (See Figure 4 for exception
processing.)
j. FRS provides a completed checklist and comments to the PW, a copy of which is
filed securely with the original document.
k. If a revised or new financial instrument is received, the procedure begins
again from (a). As recommended by the FRS, the PW may refer the case to ED
following EPA's permit decision to deny a permit. (For interim status facil-
ities, noncomplying instruments are reviewed by FRS to determine appropriate
Branch level action. Chief, IPS, may recommend ED referral.)
1. FRS oversees the search of selected business literature to identify bankrupt
or failing institutions and facilities. The FRS oversees the search of records
for instruments drawn by failing institutions or for failing TSDFs. Said in-
struments will be reviewed as in steps h, i. He/she may recommend to the
Chief of IPS to refer the case to ED.
m. FRS conducts quality assurance auditing of instruments accepted. Up to 5% of
the accepted, filed instruments will be subjected to direct institutional con-
firmation, review of violation history, closure plan-inspection report compari-
son and financial stability analysis. Quality assurance information will be
input into steps h, i and 1.
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D. Security
Security for financial instruments ought to be aimed at reducing risk of loss
with the corresponding delays in executing financial instruments. Letters of
credit and surety bonds are promises to pay into a trust for which EPA is the
•
beneficiary. The period during which the promise will be honored is subject
to expiration, and the Region ought not let the promise lapse, thwarting
collectibility.
The level of security to be exercised may be linked to security measures for
Part Bs - if we establish controlled access to Part Bs issuing them to review-
ers on a requisition or receipt system, the same system can be utilized for
financial instruments. The security needs are outlined below:
1. Limit direct access to financial instruments. RAIS will serve as custodian
of the records. Originals will be issued for review on a receipt basis.
Utilize locked storage, either by locked room and restrictive key control
practices, or by storage in locked cabinets with changeable combinations.
Originals of letters of credit and surety bonds must be placed in a safe
with some forcible entry rating or a safe deposit box. Combinations or
safe deposit keys ought to be restricted.
2. Routine reviews must be done with copies, originals must be kept filed.
3. Public access to original financial instruments will not be permitted.
4. The permit writer receives completed financial review, rather than finan-
cial instrument to review.
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UNITED STATES
, ENVIRONMENTAL PROTECTION AGENCY
REGION V
1H West Jackson Blvd.
CHICAGO. ILLINOIS 60604
FINANCIAL RESPONSIBILITY UNDER RCRA
Insurance requirements
(July 17, 1981 .- Region V - T. Golz)
REPLY TO ATTENTION OF:
5AHWM
sudden and accidental
non sudden and "accidenta.l***~"
izardous Waste
Activity**
$/occurrence
(millions)*
$/year date**** $/occurrence $/year date****
(millions)* (millions)* (millions)*
»nerators, not TSD's
•ansporters, not TSD's
1 TSD's except
indfills, land
•eatment facilities
id surface impound-
ints
ndfills
nd treatment •
rface Impoundments
les exceeding
.0 million
ndfills
nd Treatment
rface Impoundments
les between $5 and
0 mill ion
ndfills
nd Treatment
rface Impoundments 1
les less than
million
NO EPA FINANCIAL RESPONSIBILITY REQUIREMENTS
SUBJECT TO U.S. DOT INSURANCE REQUIREMENTS
2 October 13,
1981
October 13,
1981
October 13,
1981
MAY BE REQUIRED ON A
CASE BY CASE BASIS
2 October 13, 3
1981
April 13,
1982
April 13,
1983
April 13,
1984
xclusive of legal defense costs. Variances, up or down, are permitted by regulations.
on a per owner or operator basis, not a per site basis " "
•*combined sudden/non sudden policies permitted. See January 12, 1981 regulations. .
**£ffective dates published in Federal Register on May 18, 1981. May 18, 1981 notice
so announced plans to amend regulations in August, 1981.
*** Department of Transportation has insurance requirements for hazardous materials
ncluding wastes) transporters. See June 11, 1981 Federal Register.
estions ? Call Thomas B. Golz, Region V, at (312) 886-4023
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DOCUMENT PROCESSING:
FINANCIAL RESPONSIBILITY
Remarks
Certified Mail
EPA accepted documents
Treasury circular (sureties)
Insurance Almanac (insurers)
American Bank Directory
(trusts, letters of credit)
State Accountancy Boards
(financial test certifications)
Low estimate detection
guidelines needed
Index for retrieval by
ID #, institutions, $ amount
Activity
Facility sends
instrument to R.A.
W.M. Branch receives
and logsrflin
Instrument content
revi ewed
acceptable
Institutions
revi ewed'
acceptable
Closure/Post-closure
estimates reviewed
acceptable
FILE
(SECURE)
jiot acceptable
^exception processir
jiot acceptable
^exception processir
not acceptable
"exception processii
Fi6-. 3
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EXCEPTION PROCESSING
Remarks
Activity
Compliance order
(30 day notice)
FILE
acceptable
Dun & Bradstreet
violative histories
(EPA, licensing officials)
affiliated firms
closure(post-closure) plan
inspection reports
permit application
manifest exceptions
trade/neighbor complaints
unsatisfied judgments
bankruptcy
institution failure
insurance, surety, trust,
letter of credit cancellations
Financial
Exception Report
Notify facility
of noncompliance
I
Receive new
document
Evaluate new
instrument
(See DOCUMENT
PROCESSING)
not acceptable
Research Facility
and institutions
Distress indicated-
I
Yes. Draw against expiring
instruments without delay.
. 4-
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V. Inspection
A. General
Section 3007(a) of RCRA authorizes "duly designated employees of Region
V access to facilities which handle hazardous waste. Inspectors are per-
mitted "to have access to, and to copy all records..." In addition, the
same Section gives inspectors authority to conduct sampling and check for
compliance with recordkeeping and labeling requirements. Lastly, Section
3007 sets forth certain guidelines governing the conduct of an inspector.
They are as follows:
- request access;
- enter at reasonable times;
- conduct inspections with reasonable promptness;
- give sample receipts and, if requested, sample portions equal in volume
or weight to the portion retained;
- furnish analytical results; and
- make inspection results available to the public, unless found to be
confidential.
The purpose of inspections during the permitting process is to:
1. observe facility structures, operational and design parameters which
must demonstrate compliance with Part 264 (Part 267 for new hazardous
waste landfills);
2. allow verification of details, statements, waste characteristics, and
closure and post-closure cost estimates presented in the permit appli-
cation;*
3. to detect and document violations and discover imminent hazards in
existing facilities.
* A Region V RCRA Inspection Form shall be used to ensure that all facets of a TSD
facility are evaluated with maximum degree of objectivity. (See Appendix 8.)
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B. Safety Considerations
The handling and sampling of hazardous waste poses a certain degree of
hazard. Therefore proper safety equipment and sampling procedures must be
used. If samples are needed, Region V personnel from Surveillance and
Analysis Division (S&A) or the State (under CA) will perform the tasks of
sampling and analysis. In order to determine whether or not to enter a po-
tentially hazardous facility and the appropriate level of protective equip-
ment to be worn when entering, the nature and extent of hazards must be
assessed. The following is a decision logic for this safety procedure:
1. Prior to on-site arrival, review all evidence of potential exposure.
The review should include any information available concerning the site
and the hazardous waste handled.
2. Review all available toxicological information relating to waste handl-
ed. (See Toxicological Manual prepared by the Process Evaluation Unit
of Region V Waste Management Branch.)
3. After reviewing the available environmental and toxicological informa-
tion, choose protective clothing according to the following criteria.
(i) A totally enclosed suit should be used for the following only:
a. confined facilities
b. sites containing known percutaneous hazard;
c. sites with no established history.
(ii) If the exposure is either a less severe respiratory or a percu-
taneous hazard, a combination of separate respirator and protec-
tive clothing is required.
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(iii) If the exposure is soley a percutaneous hazard, the following
protective clothing is required.
a. Rubber-soled shoes or rubber boots and gloves
b. protective clothing must offer chemical resistence (consult
protective clothing manufacturers)
(iv) If the exposure is soley a respiratory hazard, a respirator is
needed. In all possibility, request the facility owner/operator
to designate a trained personnel to assist you in performing the
task of sampling per your instruction. The following guidelines
should be used in handling hazardous wastes:
1. Know the limitations of all protective equipment (especially
respirators). Check self-contained apparatus before leaving
for the field.
2. Determine what routes of exposure to avoid for the waste be-
ing sampled and the proper sampling and protective equipment
to be utilized.
3. Before sampling any hazardous waste, read the label and mani-
fest for all containers and determine as best as possible the
identity of the substance to be sampled and the potential for
hazards. Be cautious: the label (if there is one) may not
accurately represent the contents.
4. Use only proper tools for opening containers, and be careful
when opening and closing them.
5. Open and sample hazardous wastes only in areas where spills
can be cleaned up easily and properly. Waste containers
should not be moved.
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6. Keep samples well marked
7. Do not use mouth to siphon, and do not put hands near
mouth and eyes
8. Have readily available supply of detergent soap, clean
water and waterless hand cleaner.
9. Have the phone number of local hospitals, doctors, or
poison control centers available (for existing facilities,
compliance with 265.37 must be observed)
10. Transport and store samples in a sturdy container
(e.g. ice chest)
While checking for waste content, the inspector should also
check for potential incompatability of wastes. For hazardous
waste compatibility, refer to Hazardous Waste Compatability
Chart. (EPA-600/2-80-076/April, 1980)
C. Preparation for Inspection
Prior to a pre-permitting inspection, the Permit Writer (PW) notifies the
owner/operator of the date of inspection (usually 30 days advance notice
is given) and provides him a copy of the appropriate inspection checklist
to be used during inspection. If the PW has already compiled a preliminary
set of permit conditions, these conditions shall also be evaluated during
the inspection. In order to conduct the inspection efficiently, the PW
and inspectors in his/her team must familiarize themselves with the permit
application prior to inspection. During the inspection, only relevant and
pertinent questions will be asked. In general, inspectors are responsible
for:
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1. Knowledge of permit application, permit conditions, interim status in-
spection report (if any), previous history of compliance, complaints,
monitoring requirements, and annual and other reports submitted by the
facility, etc., before on-site visits;
2. Knowledge of permit procedures, EPA policies (eg. EPA handbook Respon-
sibilities and Conduct for EPA Employees);
3. A copy of the permit application (Parts A&B) including facility layout
and U.S.G.S. survey map, photographs, design diagrams and reports on
waste analyses.
4. Inspection equipment including some or all of the following items:
- Credentials;
- Safety equipment;
- Camera (35 mm, Polaroid);
- Pocket tape recorder (for recording field notes);
- Pocket calculator;
- 100 ft. tape measure;
- Sampling equipment;
- Level;
- Range finder;
- Compass;
- Stopwatch;
- Square; and
- Tools.
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D. Conducting the Inspection
1. Pre-inspection Discussion - After proper identification, the inspec-
tors should ask for a discussion with the owner/operator to explain
the inspection procedure and areas of particular attention (e.g.,
permit conditions, waste sampling, location of monitoring equipments,
records, contingency plans etc.) The inspectors should request the
owner/operator or the plant manager to accompany them during the in-
spection to answer their questions. The facility owner/operator
should also be informed of his/her right to request and receive imme-
diately duplicates of any samples collected for laboratory analysis
during the inspection.
2. Sampling Procedure (Optional): Sampling of hazardous waste requires
the collection of samples that are adequate in size and representative
of the body of wastes. The inspector should consult with the Regional
Laboratory prior to taking samples in order to determine the adequate
containerization and preservation techniques. Sampling procedures re-
quire a plan of action to maximize safety of personnel, minimize time
and cost, reduce errors, and protect the integrity of the samples. A
sampling plan should be prepared before entering the site. (See
sampling plan checklist, Appendix 17 and sampling points for most
waste receptacles Appendix 18 .)
(i) In collecting liquid waste samples in drums, vacuum trucks or
similar containers, 1000 ml of sample is usually sufficient.
Opening of drums or other sealed receptacles may be hazardous
to sampling personnel unless proper safety procedures are
followed.
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Drums should not be moved or opened unless it can be ascertain-
ed beyond a reasonable doubt that the drum being moved is
structurally sound. Drums standing on end, with bung up,
should be opened by pneumatic impact wrench, operated from a
remote site. Drums on sides may be open similarly if it is
possible to safely rotate the drum so that the bung is high.
If the bung can be removed, sampling of contained liquid may
be safely accomplished by a glass tube, which is then broken
and discarded within the barrel. Barrels that have badly rust-
ed bungs or which cannot be sampled as above, may be safely
sampled with a hydraulic penetrating device operated remotely.
The device is then abandoned in place and disabled to prevent
further withdrawals of liquids. If such a device is not avail-
able, a nonsparking bung wrench should be used. Metal sample
containers should not be used, but if used, they must be
grounded to the drum or tank being sampled. As a general rule,
sampling equipment used on hazardous waste sites should be
disposable. In cases where sampling equipment is reusable, it
must be thoroughly cleaned with either soap and water or sol-
vent.
(ii) Sampling a Surface impoundment can be accomplished with a pond
sampler to collect samples as for as 3.5 meters from the bank.
Collect a composite sample with samples from different dis-
tances, and depths. If the impoundment is big and the area to
be sampled lies beyond 3.5m from the bank, a crank should be
used.
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90
(Caution: the use of a boat to sample hazardous waste from a
surface impoundment may be very risky due to potential of cap-
sizing or asphyxiation by volatile fumes.)
(iii) Soil sampling is used to determine the amount of hazardous
material deposited on a particular area or to determine the
leaching rate of the material and/or to determine the residue
level on the soil. One method entails dividing the area into
an imaginary grid. Each section of the grid is sampled and the
samples are combined into one composite sample. (Do not com-
bine when sampling for highly contaminated areas). To sample
up to 8 cm deep, collect samples with a scoop or spoon. To
sample beyond 8 cm deep, collect samples with a soil auger or
Veihmeyer soil sampler.
(iv) A waste pile can range from a small heap to a large aggregate
of wastes which can be mixtures of powders, granules and large
chunks. A number of core samples, depending on the size of the
waste pile, have to be taken at different angles with a core
sampler.
(v) Sampling a storage tank requires great manual dexterity.
Usually it requires climbing to the top of the tank through a
narrow vertical or spiral stairway while wearing protective
clothing and carrying sampling equipment. At least two persons
must perform the sampling: one to collect the actual sample;
the other to stand back, usually at the head of the stairway,
and observe, ready to assist or call for help in case of prob-
lems. The sample collectors must be accompanied by a represen-
tative of the company who must open the sampling hole, which is
usually located on the tank roof.
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Collect one sample each from the upper, middle and lower sec-
tions of the tank contents with a weighted bottle sampler.
The samples are combined into a composite sample.
E. Groundwater & Leachate Monitoring
Groundwater monitoring is required for land disposal facilities, name-
ly landfills, surface impoundments, waste piles and class I under-
ground injection wells. The objective is to detect the presence or
absence of contaminants and to determine the need for further monitor-
ing. Groundwater monitoring is accomplished by monitoring wells.
Following is a list of necessary equipment for sampling monitoring
wells:
. sampling pump (submersible or surface)
. pump accessories (connector tubing)
. well boiler with 50' nylon cord
. jetting with nitrogen
. electric water level indicator (volt-ohm meter)
. steel tapes (with chalk & rags)
. pipe wrench.
(i) when sampling a monitoring well, the following procedure should
be followed:
a. check the well for above ground damage;
b. remove the well cap (a wrench may be needed);
c. measure and record the depth to water;
d. measure the total depth of the well;
e. determine the amount of water in the well (depth of water
x surface area);
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f. If possible, dewater the well by removing a minimum of
three volumes and allow well to recharge;
g. collect the sample. If using a pump,
1) Make sure the pump is resting on a stable surface.
2) Lower the tubing below the water table. Do not lower
to the well bottom.
3) Restart the pump and collect the water in the proper
bottles.
4) Upon completion of sampling, remove the tubing from the
well allowing the pump to "pump itself dry". However,
do not pump longer than necessary with both ends of
tubing out of the water.
If using a bailer,
1) Lower the bailer slowly down the well until it comes in
contact with the water. Do not stir up the bottom sediment
by dropping the bailer rapidly.
2) Slowly submerge the bailer, letting it fill up and remove
the bailer filled with water from the well.
When sampling a hydrant or pump well (tap), follow the same
procedure used with a monitoring well except that the well
water must be discharged for a minimum .of 5 minutes to get rid
of stagnant water in the well.
(ii) The common types of containers used to hold samples for ship-
ment prior to analysis are glass bottles, jars, vials or brown
glass for photosensitive wastes. Closures should be bake-lite
caps with teflon liners. All sample containers must be cleaned
and free of residual waste material on their exteriors prior
shipment.
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After a sample is transferred into the proper sample container,
the container must be tightly capped as quickly as possible to
prevent the loss of volatile components and to exclude possible
oxidation from the air. The use of a preservative or additive
is not recommended. However, if only one or two components of
a waste are of interest, and these components are known to
rapidly degrade or deteriorate chemically, the sample may be
refrigerated at 4°-6°C or treated with preservatives according
to Table 1 .
(iii) After collection and identification, the samples are maintained
under chain-of-custody procedures. If the sample collected is
to be split with the owner or operator of the site or with
other regulatory agencies, it should be aliquoed into similar
sample containers. Sample tags with identical information are
attached to each of the samples and marked as "split". The
Chain-of-Custody procedures must be strictly followed. The
possession of samples must be traceable from the time the sam-
ples are collected until they are introduced as evidence in
legal proceedings or as a basis for permit denial. By custody,
it means that the sample is under one's physical possesssion
or secured/locked up by one to prevent tampering. The follow-
ing procedures should be noted.
a. Samples must be accompanied by a Chain-of-Custody Record
(See figure 5 ). When transferring the possession of
samples, the individual relinquishing and receiving will
sign, date and note the time on the Record.
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Table
Measurement
Acidity
Alkalinity
Ammonia
Arsenic
Chlorine
Chromium (VI)
Cyanides
Flouride
Metals:
1) dissolved
2) suspended
3) Total
Mercury
1) dissolved
2) Total
pH
Phenolics
Residue, volatile
Selenium
Specific conductance
Sulfide
Sulfide
Zinc
METHODS OF PRESERVATION
_ Preservation
Cool, 4%
Cool, 4%
Add 1 ml cone. ^SCty/l
Add 6 ml cone. HN03/1
Cool 4°C
Add 6 ml cone.
Storage
"Time "
Cool, 4°C; add 2.5 ml of
50% NaOH/1
Cool, 4°C
Filter on site, add 5 ml
cone. HNOa/1
Filter on site
Add 5 ml cone. HN03/1
Filter, add 5 ml cone.
Add 5 ml cone. HNOs/l
Oet. on site; cool, 4°C
Add HaP04 to pH 4 and
1 g. CuS04/l
Refrigerate to 4°C
Cool, 4°C
Add 5 ml cone. HNOs/l
Cool; 4°C
Add 2 ml of 2N ZN(AC)2/1
Cool; 4°C
MCL
Add 4 ml conc.«tt&i/l
24 hours
24 hours
24 hours
6 months
24 hours
24 hours
24 hours
7 days
6 months
6 months
6 months
38 days
38 days
6 hours
24 hours
7 days
6 months
24 hours
24 hours
24 hours
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b. When samples are split with a facility or government
agency, a separate Chain-of-Custody Record is prepared
for those samples and marked to indicate with whom the
samples are being split.
c. All packages will be accompanied by the Chain-of-Custody
Record showing identification of the contents. The ori-
ginal Record will accompany the shipment, and a copy will
be retained by the inspector.
d. If sent by a common carrier, a Bill of Lading should be
used. Receipts of Bill of Lading will be retained as part
of the permanent documentation.
(iv) Each sample must be labeled and sealed properly immediately
after collection. Procedures must be in compliance with DOT
regulations that are specific to the type of wastes sampled.
4. Documentation
All information pertinent to a pre-permit inspection will be recorded
by the inspector in three forms: field notebook, checklists, and
photographs. The purpose of document control is to assure that all
documents for a specific inspection are accountable when the inspec-
tion is completed. Accountable documents include items such as log-
books, field data records, inspection checklist, correspondence, sam-
ple tags, graphs, chain-of-custody records, bench cards, analytical
records and photos. To insure proper document control, each document
must bear a serialized number and be listed on the cover sheet of
the facility file. Waterproof ink should be used in recording all
data.
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(i) Each inspector should maintain a legible notebook containing an
accurate and inclusive documentation of all inspection activi-
ty, conversations and observations. This will include any com-
ments which are not recorded in the checklist, and record of
sampling points, photograph points, and areas of potential vio-
lation. The notebook will form the basis for later written re-
ports, therefore it must contain only facts and observations.
Language should be objective, factual and free of personal feel-
ings or other inappropriate terminology. The pages should be
numbered. The field notebook, (which is the property of Region
V), may also be used as an aid in giving testimony.
(ii) A series of checklists has been developed by Region V to be
used during pre-permitting inspection. The checklists are com-
prehensive and parallels Part 264. These checklists will be
used as tools for ensuring a complete review, but should not be
used as substitutes for judgment (See Appendix 9 ).
(iii) Photographs are the most accurate demonstration of the inspec-
tor's observations. Documentation of a photograph is crucial
to its validity as a representation of an existing situation.
Therefore, for each photograph taken, several items should be
noted in the inspector's field notebook immediately after tak-
ing the picture:
. date
. time
. type of film lens (eg. single lens reflex, polaroid, etc.)
and camera used
. photographer's identity and signature
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. name and ID number of the facility
. general direction faced
. location of check point on site
. other comments (eg., weather conditions)
F. Post-inspection Procedures
(i) It is of utmost importance that the PW summarizes the inspec-
tion findings and present them to the owner/operator at the end
of the inspection in the form of a discussion. This is done by
reviewing the checklists and field notes with the owner/opera-
tor. A copy of the checklist should not be given to the owner/
operator but each owner/operator will be assured of receiving
a complete report within 14 days after the inspection. The PW
must not attempt to inform the owner/operator that the RCRA
permit is likely to be granted or denied since the decision is
up to the DO. Also any permit conditions suggested by the PW
during this discussion may not be acceptable to the DO, and
other reviewers. The PW or inspector must:
a. Remember that his/her function is to observe and evaluate
the facility for the purpose of permitting according to the
applicable standards. He/she may only point out any incon-
sistencies between actuality and content of the permit ap-
plication, deficiencies or noncompliance observed or extra
data needed to complete the evaluation, e.g, risk assess-
ment. No reference shall be given to the ability of the
facility to be permitted, although the PW may project when
a draft permit decision may be made.
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b. Realize that it is unacceptable employee conduct to recom-
mend a particular consultant or consulting firm during the
discussion.
c. Make no attempt to substitute his/her own judgment for that
of the owner/operator regarding details of operation. Do
not try to discredit information provided by the owner/
operator. If information needed must be verified, ask for
verification by a professional engineer. In case of dis-
agreement and when challenged by the owner/operator, always
refer the owner/ operator to the proper section of the per-
mitting regulations, the preamble or background documents
for detailed explanations of regulations.
(ii) The pre-permit inspection report should be completed within 10
days after the inspection is made. The report, which is writ-
ten in letter form, should highlight results of the site visit.
A copy of the checklist may be attached. For existing facil-
ities, violations of the interim status standards may be refer-
red to ED for follow-up actions. [Note: the inspection report
is not a draft permit or notice of intent to deny permit. The
latter events occur when the PW, in consultation with other re-
view team members, recommend to the DO that a permit should or
should not be granted. The inspection report helps the PW in
making at such a recommendation.]
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VI. PUBLIC PARTICIPATION
A. The Draft Permit Decision and Its Preparation
Once an application is determined to be complete, the Division Director
(DO) must tentatively decide whether to prepare a draft permit or to deny
the application. Public notice of this tentative decision must be issued
(See Section B., Public Notice). If the preliminary administrative and
technical reviews indicate that the facility will comply with all the
specific standards established for that type of facility, a draft permit
is prepared.* The draft permit contains tentative conditions and is pre-
pared for the purpose of public review. However, each condition must be
reviewed after the draft permit is prepared to ensure that the conditions
are enforceable as written. Draft permits must contain at least the
following:
1. all conditions listed in Section 122.7 and Section 122.8;
2. all compliance schedules under Section 122.10
3. all monitoring requirements under Section 122.11; and
4. all conditions pertaining to the facility in Section 122.28 and the
standards for that type of facility in Part 264.
A sample draft permit is provided in Appendix 19 of this strategy as a
model that can be used for preparing draft permits. At present, draft
permits can be prepared for storage facilities (tanks, surface impound-
ments, containers and waste piles), new land disposal facilities and in-
cinerators. However, public notice of these draft permits must not be
issued until after July 13, 1981 (except for incinerator treatment draft
permits whose effective date is July 23, 1981).
*RCRA draft permit issuance may be consolidated with the issuance of NPDES,
UIC, and PSD draft permits if any of these permits are required. (See Chapter HE
on the consolidation of RCRA permits).
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For new landfills the public notice of draft permits should not be issued
until August 13, 1981 at the earliest. (These are the effective dates
for the Phase II regulations that establish the standards used as the
basis for RCRA permit conditions.)
B. Fact Sheets and Statements of Basis
A "fact sheet" or a "statement of basis" must accompany the public notice
of the draft permit. The Part 124 sections covering fact sheets (§124.8)
and statements of basis (§124.7) give only general guidance on how detail-
ed these documents should be. Under Section 124.7, EPA is required to
issue a statement of basis for those draft permits for facilities that
are not considered to be major HWM facilities subject of widespread public
interest. The statement of basis must include brief descriptions of the
derivation of each of the conditions of the draft permit and its support-
ing rationale. These documents are also to be compiled in the event the
DD's initial decision is to deny the permit request. The statement of
basis must be sent to the applicant and to any person who requests a
copy. It must also be placed in the administrative record.
Fact sheets are required to be prepared for every draft permit for all
major HWM facilities and for those faciities which the DD finds are "the
subject of widespread public interest or raise major issues" (§124.8).
All new landfill draft permits require fact sheets (§267.5). The fact
sheet should briefly set forth the principal facts and the significant
factual, legal, methodological and policy questions considered in pre-
paring the draft permit. The fact sheet is also required to be placed in
the administrative record.
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The specific contents required in the fact sheet are:
1. a brief description of the type of the facility;
2. the type and quantity of wastes which are to be treated, stored, or
disposed of in the event the permit is issued;
3. a brief summary of the basis for the draft permit conditions including
references to applicable statutory or regulatory provisions and appro-
priate supporting references to the administrative record;
4. the reasons why any requested variances or alternatives to required
Part B application submissions do or do not appear justified (such as
requests for waivers from the submission of certain required informa-
tion from the Part B application as discussed in Section 122.25); and
5. a description of the procedures for reaching a final decision on the
draft permit including:
(i) the precise dates of the comment period and the address where
comments may be sent;
(ii) hearing request procedures and the nature of the hearings;
(iii) any other procedures by which the public may participate in the
final decision; and
(iv) the Regional V contact person for additional information and
his/her telephone number.
The DD must send this fact sheet to the applicant and any other person who
requests the fact sheet.
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C. Public Notice
Public notice must be given whenever:
1. a permit application has been tentatively denied;
2. a draft permit has been prepared;
3. an informal public hearing or nonadversary panel hearing has been
scheduled; and
4. an appeal has been granted by the DD regarding any final permit deci-
sion
D. Draft Permit Notice and Comment
Public notice must provide interested persons with a minimum of 45 days to
comment on the draft permit. The public must be notified of all draft
permit hearings at least 30 days prior to the scheduled hearings. Notice
of a draft permit decision must be by publication in a major local news-
• paper of general circulation and broadcast over local radio stations. In
addition, written notice of the Agency's intent must be sent to local
government units having jurisdiction over the area in which the facility
is proposed to be located, and to each State agency having any authority
under State law with respect to the construction and operation of such
facility.
NOTE: Each of the above requirements is mandated by the 1980 Amendments
to RCRA (§7004) and has yet to be codified in the CFR. EPA plans
to amend Part 124 to incorporate these changes.
Public comment during the prescribed comment period is important in order
for commenters to preserve their right to appeal final permit decisions.
Any person who fails to file comments or fails to participate in public
hearings on the draft permit may petition for administrative review but
only to the extent of the changes from the draft to the final permit
decision.
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The specific requirements on when and what to submit are listed in Sec-
tion 124.13.
All public notices must contain at least the minimum information required
in section 124.10 (d).
E. Methods for Circulating Notice and Who Must Receive Notice
The DD must give notice of draft permits, tentative denials, public hear-
ings and administrative appeals by the following methods: (See Figure 6)
1. A detailed public notice mailed to:
(i) the applicant;
(ii) any other agency which the DD knows has issued or is required to
issue a solid waste, UIC, PSD, NPDES or 404 Permit for the same
facility or activity; and
(iii) Federal and State agencies with jurisdiction over fish, shellfish,
and wildlife resources and over coastal zone management plans, the
Advisory Council on Historic Preservation, and other appropriate
government authorities, including any affected States.
NOTE: Each of the persons who receive the mailed notice must also receive
copies of the fact sheet (or statement of basis) and the permit ap-
plication and draft permit (if any).
2. Publication of a notice in a daily or weekly newspaper within the area
by the facility or activity; and
3. Any other method reasonably calculated to give actual notice to the
persons potentially affected by it, including press releases or any
other forum or medium to elicit public participation.
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106
F. Informal Public Hearings
1. Public hearings must be held on draft permits if written opposition
to Region V's intent to issue a permit is received during the comment
period along with a request for a hearing (this is required by Section
26 of the Solid Waste Disposal Act Amendments of 1980). Region V may
also schedule a hearing on its own initiative. Whenever possible,
these informal hearings should be held at a location convenient to the
population center nearest the proposed facility. (See Appendix 20 for
WMB procedure to conduct public hearing.)
Region V will provide public notice of hearings. The DD may decide to
issue notice of the hearing with the draft permit if he/she knows a
public hearing should be held. Time is saved when this procedure is
followed. The hearings are a part of the comment period. During the
hearing, the hearing officer may extend the comment period beyond the
hearing dates to allow the submission of additional material. The
minimum criteria for public notice of informal hearings appears in
124.10(d)(l) and (2). For public hearings on draft permits, the DD
must designate a Presiding Officer for the hearing who will be re-
sponsible for its scheduling and orderly conduct. (The DD has the
discretion to require the permit to be processed under the procedures
for nonadversary panel hearings). Any person may submit oral or
written statements and data concerning the draft permits. Reasonable
time limits may be imposed on oral comments. The public comment
period is automatically extended to the close of the public hearing.
The hearing officer may also extend the comment period by so stating
at the hearing. A taped recording or written transcript of the hear-
ing must be made available to the public.
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2. Reopening of the Comment Period
Written comments and hearings may present new facts and perspectives
not presented in the draft permit or fact sheet or statement of basis.
When this occurs, the OD may reopen or extend the comment period to
give interested persons an opportunity to comment on the information
or arguments previously submitted, provided that information appears
to raise substantial new questions concerning a permit. Comments
filed during the reopened comment period shall be limited to the sub-
stantial new questions that caused its reopening. The public notice
of the reopening shall define the scope of the reopening. The DD is
not limited to merely reopening the comment period when new informa-
tion or arguments raise substantial new questions about the permit.
The DD may also:
1. prepare a new draft permit; or
2. prepare a revised statement of basis, a revised fact sheet, or a
fact sheet in the event that a statement of basis was previously
prepared and the DD decides to prepare a more detailed document.
G. Panel Hearings
Under the Part 124 Subpart F regulations, the DD has the discretion to re-
quire more formalized proceedings to process RCRA draft permits in the
form of nonadversary panel hearings (§124.111(a)(3)). (See Flow Chart on
panel hearing procedures in Figure 7 ). These panel hearings use a
panel of EPA employees with expert knowledge or responsibility for the
types of issues that will arise at the hearing.
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While more formal than the informal public hearing provided for in the
Solid Waste Disposal Act Amendments of 1980, the procedures used in panel
hearings are less strict than the rules of traditional judicial proceed-
ings. Region V may use these procedures in complex and controversial
cases where a detailed record will be needed as a basis for administrative
decisionmaking. These are the cases that will justify the work of assemb-
ling and using a panel, and that will profit most from the increased re-
liance on procedures other than cross-examination. The regulations envi-
sion the panel questioning the parties subject to the overall authority of
the Presiding Officer (either an Administrative Law Judge (ALJ) or Region
V staff attorney). Region V trial staff may be selected for the hearings
but this designation is not required. Region V will prepare a draft per-
mit that will be the focus of attention at the hearing. The hearing it-
self will be divided into a "legislative" phase — at which the parties
can present views and arguments to the panel and engage in a colloquy and
an optional "adjudicative phase" — at which formal cross-examination can
be ordered if certain threshold conditions are met. After the hearing,
the panel prepares a recommended decision which may be appealed to the
DD. The DD makes an independent review of the decision upon deciding to
review it, and is free to consult with panel members, but not the Agency
trial staff.
1. Requests for Panel Hearings
In addition to invoking a panel hearing at his discretion, the DD may
receive requests for panel hearings during the comment period follow-
ing the draft permit notice. These requests must be written and re-
ceived before the close of the 45 day comment period.
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Federal RegUtet / VoL 45. No. 98 / Monday. May 19.1980 / Rules and Reyilattona
33S11
.» ',!(•-' .*'.'•"
. 7
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no
The information required to be in the written request is similar to
that required for the request to participate in a panel hearing
(§124.114).
However, the granting of an original request for a panel hearing is
discretionary with the DO. These requests may often not be granted.
By contrast, requests to participate in a panel hearing previously
decided to be held should be granted generally as a matter of course
if all the informational requirements are submitted pursuant to
§124.117(a)(l-5). If an original request for a panel hearing is
granted, public notice of a panel hearing is given as indicated below.
If the request is denied and no hearing is to be held, the DD serves
written notice of that decision to all the requesters. Appeals from
a DD recommended decision made after a denial for a request for a
panel hearing are made to the DD as provided in §124.91.
2. Public Notice §124.114(c))
When the DD decides that a panel hearing should be held (before the
draft permit is prepared) - the public notice of the draft permit
shall explicitly state this fact. In addition to the new notice re-
quirements mandated by the 1980 Amendments (See Section C on Public
Notice), the Subpart F regulations require that the mailed public
notices include a statement that any hearings shall be conducted
according to Subpart F procedures.
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Ill
In addition, the following information should be included in the
notice:
(i) a statement that the hearing is being held by order of the DD;
(ii) the name and address of each known party to the hearing;
(iii) a statement whether the recommended decision will be issued by
the Presiding Officer or the DD;
(iv) the due date for filing a written request to participate in the
hearing (under §124.117); and
(v) the due date for filing comments (under §124.118).
It should be noted that these hearings may be held after a §124.12 in-
formal public hearing, if the DD so decides. At the time of this
notice, the DD designates the panel members and files the name and
address of each designee with the Regional Hearing Clerk.
3. Request to participate in the Hearing (§124.117(2))
Persons who desire to participate in a panel hearing must file a re-
quest to participate with the Regional Hearing Clerk before the dead-
line for filing that appears in the public notice. The contents of
the request must include:
(i) a statement of the person's interest in the proceedings;
(ii) an outline of the points to be addressed;
(iii) an estimate of the time required;
(iv) name, address, and telephone number of the requester;
(v) names and addresses of all the people whom the requester repre-
sents;
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(vi) a statement that the requester will be available to appear and
testify (as well as those he represents and his agents, employ-
ees, directors, and consultants) upon motion of the Presiding
Officer or on a motion granted to any party in the proceeding;
and
(vii) A nonbinding list of participants (if the request is submitted
by an organization).
4. Hearing Schedule (§124.117(b))
The Presiding Officer must make a hearing schedule available to the
public and mail it to each person who requested to participate in the
hearings. This must be done no later than two weeks before the
scheduled date of the hearing.
5. Submission of Written Comments (§124.118(2))
Parties shall file all comments on the draft permit no later than 30
days before the scheduled date of the hearing unless the notice pro-
vides a different date. These written comments are the bulk of the
evidence. Oral testimony is to be brief and generally restricted to
points not made in submitted comments. At the panel hearing parties
may submit written comments in response to the comments filed by
other parties prior to the hearing.
6. The Panel Hearing
A Presiding Officer (P.O.) selected by the DO or his delegate presides
over panel hearings. (This officer's responsibilities are listed in
§124.119). In addition, a Region V panel participates in the hearing.
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This group of 3 or more designees of the DD is to have special exper-
tise or responsibility in areas related to the hearing issues. (At
least 2 of the panel members must not have taken part in the prepara-
tion of the draft permit.) A support staff as well as an Agency
trial staff may be selected at this time. The P.O. may seek the
appearance and testimony of any person having knowledge concerning
issues raised in the hearing although not originally scheduled to so
testify. Cross examination is not after consultation with the panel
in order to expedite the process. Parties may submit written ques-
tions to the P.O. to ask participants. The P.O has the discretion
whether or not to ask the written questions. The regulations provide
extensive procedures for parties who want to cross-examine on issues
of material facts. These written requests must be submitted within
15 days after a full transcript of the panel hearing is filed by the
Regional Hearing Clerk. [A more detailed discussion of the require-
ments is found in §124.121]. Thus actual cross-examinations, if
allowed, take place in a supplementary hearing. The P.O may require
as a precondition to the grant of cross-examination that alternate
forms of information gathering be used by the party seeking cross-
examination.
7. Record for the Final Permit
The record for final permits processed under the panel hearing pro-
cedures must consist of the following:
(i) the administrative record compiled for the draft permit
(§124.9) and the public hearing, if there is one (124.18);
(ii) all ex parte written communications as well as oral ex parte
communications reduced to written memoranda [as required by
§124.78(3)];
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114
(iii) all public notices issued for draft permits (§124.114);
(iv) all notices distributed regarding panel hearing (§124.116);
(v) all requests to participate in the hearing (§124.117);
(vi) all comments submitted at informal hearings (if held prior to
panel hearings);
(vii) all comments submitted at the hearing (oral & written), all
motions made to testify orally, and the corresponding rulings
(§124.118);
(viii) the full transcript and other material received into the record
of the panel hearing (§124.120);
(ix) all motions and rulings on requested cross-examination
(§124.121);
(x) all motions for, orders for, and the results of any alterna-
tives to cross examination (§124.121); and
(xi) the full transcript of any supplementary cross-examination
hearings held.
8. Post Panel Hearing Proceedings (§124.123)
Unless otherwise ordered by the P.O., after the hearing (or denial of
all cross-exam requests), each party may submit: 1) proposed findings
of facts, (2) conclusions regarding material issues of law, fact, or
discretion, (3) a proposed modified permit if desired, and (4) a sup-
porting brief. This must be done within 20 days after the availabil-
ity of the hearing transcript (or denial of last request for cross-
exam). Reply briefs are due within the following 10 days. The P.O.
may authorize or permit oral argument.
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9. Recommended Decision (§124.124)
The decision maker must as soon as practicable after the end of the
hearing evaluate the record and prepare a recommended decision and
file it with the Regional Hearing Clerk. The panel may counsel the
decision maker. The decision must contain:
(1) findings of fact;
(ii) conclusions regarding all material issues of law;
(iii) a recommendation as to whether and how the draft permit should
be modified.
After this recommendation decision has been filed, the Clerk shall
serve copies of it on the parties and upon the Administrator.
10. Appeals From and Review of Recommended Decisions (§124.125)
Parties may take exception to the decision maker's findings on any
matter set forth in the recommended decision as well as any adverse
rulings made during the hearing that are timely objected to by that
party. The rules for such appeals are set out in §124.91. If no
party appeals a recommended decision and the DD elects not to review
it, the recommended decision becomes the final decision on the date
of expiration for filing appeals.
11. The Final Decision (§124.126)
After all proceedings have been completed, the DD must issue a final
decision. However, inaction by the DD constitutes acceptance of the
recommended decision. The final decision may accept or reject all or
part of the recommended decision. The DD may consult with the P.O.,
the panel members, and Region V employees other than the trial staff
in preparing the final decision. The final decision shall include:
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116
(i) findings of fact;
(ii) conclusions regarding material issue of law, fact or discre-
tion (as well as the reasons therefore); and
(iii) a modified permit if applicable.
The Hearing Clerk shall file a copy of the decision and notify all the
parties.
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VIII. FINAL PERMIT ISSUANCE OR DENIAL APPEAL PROCEDURE AND THE ADMINISTRATIVE
RECORD
A. Final Permit Issuance
The DD must Issue a final permit decision to grant or deny the permit
only after the close of the public comment period on the draft permit
and after all comments and hearings have been completed and considered.
The applicant must be notified of the decision, as well as those per-
sons who submitted written comments or requested notice of the final
permit decision. This notice must include at least a reference to the
applicable administrative appeals procedures.* This decision and notice
should be placed in the administrative record. The DD must also issue
a response to comments when a final permit is issued. The response must
specify:
1. Which conditions, if any, of the draft permit have been changed and
the reasons for these changes;
2. And describe and respond to all significant comments raised during
the public comment period or during any hearing.
The final permit decision becomes effective 30 days after the service of
the notice of the decision unless:
1. A later effective date is specified in the decision; or
2. Review by the DD is granted under section 124.19; or
*It should be noted that after the RCRA permit is issued there may be modifi-
cations of the terms, revocations and reissuance of the permit, and of course,
RCRA permits may be terminated. The requirements for service of notice and the
specific contents of the notice for permit issuance apply as well to these types
of decisions.
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3. No comments were received that requested a change in the draft
permit. If this occurs, the permits shall become effective
immediately upon issuance. (See Appendix 21 for sample permit.)
B. Administrative Appeal of Final RCRA Permits - (Fig. 8)
Any person who filed comments on the draft permit or participated in
the public hearing may petition the DD to review any condition of the
permit provided the petition is filed within 30 days after the issuance
of final permit decision. Any person who did not file comments or did
not participate in the public hearing on the draft permit may petition
for administrative review only to the extent of the changes from the
draft to the final permit. The DD may also decide on his or her
initiative to review any condition of the permit within the 30 day
time period.
The petition must include a statement of the reasons supporting the
review, including a demonstration that any issues being raised were
developed during the public comment period to the extent required by
the regulations governing public comment (§124.10), and hearings
(§124.12). When appropriate, the petitioner should include a showing
that the contested condition is based on:
1. A clearly erroneous finding of fact or conclusion of law; or
2. An exercise of discretion or an important policy consideration
that the DD should review in his/her discretion.
The DD must issue an order that grants or denies the petition within a
reasonable time following the filing of the petition.
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120
Public notice of any grant of administrative review under §124.19 must
be given as provided in §124.10. The public notice must contain a
briefing schedule for the appeal and a statement that any interested
persons may file amicus briefs. If review is denied, notice need only
be sent to the respective petitioners and the permittee.
If an NPDES permit proceeding is ongoing at the time of the petition
for administrative review of the RCRA final permit for the same facil-
ity, the DO may defer consideration of the RCRA appeal until the NPDES
proceedings are completed [§124.19(d)]. This may occur if the DO con-
cludes that:
1. the NPDES permit is likely to raise issues relevant to the RCRA
appeal decision;
2. the NPDES permit is likely to be appealed; and
3. either i) the interests of both the facility and the public are not
likely to be materially adversely affected by the deferral; or ii)
any adverse effect is outweighed by the benefits likely to result
from a consolidated decision to appeal.
The administrative appeals are considered exhausted and the permit is
considered ripe for judicial review when: (i) the DD issues notice to
the parties that review has been denied; (ii) the DD issues a decision
on the merits of the appeal and the decision does not include a remand
of the proceedings; and (iii)(if they are remanded) the Administrator's
remand order does not specifically provide that appeal of the remand
decision will be required to exhaust administrative remedies
[§l24.l9(f)(1)3.
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121
C. The Administrative Record
This section underscores the significance of the administrative record
for RCRA permits and the corresponding need for centralized accounting
for all correspondence including required submissions, information
requests, and supporting documents (See Appendix 22 for checklist).
General
1. The Part 124 regulations require that an administrative record be
established for RCRA draft permits as well as final permits. The
draft permit administrative record is one component of the final
permit record. The documents required to be obtained in each
record are discussed below. These records contain the basis for
the conditions in the draft permit and final permit.
The documents that comprise the record should be organized in one
central file for each and every applicant or permittee so as to
provide quick access to all persons entitled to view or copy them.
This administrative record file should be kept separate from
submittals as well as internal Agency deliberations which do not
go in the administrative record. One option is to organize the
files according to the EPA Identification number for the facility.
Under this system, each document received should be stamped by
the administrative clerk with the appropriate facility number
before it is logged in a general log, and if appropriate placed in
the administrative record. Any document sent to Region V regarding
any facility by the applicant or permittee should also be channeled
to RAIS staff for the purpose of determining whether it belongs
in the record.
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122
RAIS staff should consult the Regional Counsel's office on the
specific documents required to be kept in the administrative re-
cord. In any event RAIS should place a copy of all incoming docu-
ments in the applicant or permittee's individual file, and note them
on the coversheet for that file. However, any information submitted
under a claim of confidentiality under §122.19 by the applicant
should be turned over to the Regional Counsel's office for review.
RAIS will know when to refer to Regional Counsel, because each re-
quest is either noted on the Part A application form or otherwise
stamped with the words "Confidential business information." Infor-
mation determined to be confidential must be kept in the administra-
tive record in a special confidential section to prevent disclosure
of the information to the public. Under 40 CFR Part 2, §2.211, each
officer or employee of Region V who has custody or possession of
business information (that is confidential) "shall take appropriate
measures to properly safeguard such information and to protect
against its improper disclosure." Emphasis on control of correspon-
dence is important in light of the expected decentralized RCRA
organizational structure wherein different offices will be making
•
contact with the applicant in their efforts to contribute expertise
to the development of permit conditions.
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123
2. The specific contents of the administrative records required to be
kept for RCRA draft permits and RCRA final permits. (§124.9)
(i) The draft administrative record must consist of:
1) the application and supporting data furnished by the
applicant;
2) the draft permit (or notice of intent to deny the appli-
cation);
3) the statements of basis or fact sheet;
4) all documents cited in the statement of basis or fact
sheet; and
5) other documents contained in the supporting file for
the draft permit.
Any material readily available at the Regional Office or published
material that is generally available to the public need not be
physically included with the rest of the record as long as it is
specifically referred to in the statement of basis or fact sheet.
(ii) The final administrative record for RCRA permits must
consist of:
1) the administrative record for the draft permit
C§124.18(b)];
2) all comments received during the public comment period
(this period includes any extension or re-opening)
3) the tape or transcript of any hearings held
C§124.18(b)(2)];
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124
4) Any written materials submitted in any hearing (§124.18(b)(3));
5) Region V's response to comments required under §124.17 and any new
material placed in the record pursuant to that section
[§124.18(b)(4)];
6) Other documents contained in the supporting file for the permit
(examples include copies of notices, correspondence, logs of tele-
phone conversations, and meeting memoranda); and
7) The final permit.
The record is to be complete on the date the final permit is issued.
Therefore, all the documents required to be in the record (as noted in
Part 2(ii) of this chapter in sections 2-7 above should be added to the
record by the designated RAIS as soon as possible after their receipt
or publication by the Agency. As with the draft permit administrative
record, readily available material at the Region V Office and generally
available published material required to be in the admininstative record
need not physically be included in the same file if it is specifically
referred to in the statement of basis or fact sheet. This also applies
to any material referred to in the response to comments as required by
§124.17.
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125
IX. PERMIT REVOCATION, MODIFICATION AND REISSUANCE
This chapter delineates Region V administrative responsibilities that may
arise after the RCRA HWM facility permit is issued to the permittee. Region
V retains the right to modify permits in certain circumstances as well as to
revoke and reissue permits. When a permit is modified, only the permit con-
ditions to be modified may be reopened. When a permit is revoked and reissu-
ed, the entire permit must be reopened and the reissued permit must incor-
porate all currently applicable requirements. These actions set into motion
many of the administrative procedures discussed in the previous chapters for
the issuance of RCRA permits. Section A of this chapter discussed the cri-
teria and accompanying procedures for modifications and revocations and re-
issuances. Region V may also terminate RCRA permits. However, permits may
only be terminated after formal evidentiary hearing procedures, generally
discussed in Section B.
A. Modification or Revocation and Reissuance of Permits
The DD may modify a permit or revoke and re-issue a RCRA permit only when
cause is found as prescribed in paragraphs (a) and (b) of §122.15. The
usual routes for receipt of information which leads to such a finding
include:
1. the receipt of information by site visit or from the permittee;
2. request for such action sent to the DD from the permittee;
3. review of the permit file that reveals the need for modification; and
4. as a result of enforcement actions.
If cause exists, the DD may request an updated application or modify or
revoke and reissue the permit where appropriate. The draft permit pro-
cess and necessary public notice, comment and hearing requirements for
modifications and revocations and reissuance are found in Chapter VII.
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126
The exclusive "causes for modification" (as distinguished from revo-
cations and reissuances; although if the permittee requests or agrees
the following conditions may justify a revocation and reissuance as
well) are:
1. When material alterations or additions to the permitted facility
occur after permit issuance which justify the application of new con-
ditions in the permits;
2. When new information is received that was not available at the time
of permit issuance that would have justified the application of
different permit conditions at the time of issuance.
NOTE: Revised regulations, guidance, or test methods do not consti-
tute new information for these purposes;
3. When the Part 260-265 standards or regulations on which the permit
condition was based have been changed by EPA's promulgation of amend-
ed standards or regulations, or by judicial decision after the permit
was issued. This modification is made only at request, of permittee.
NOTE: The permittee must request the modification in accordance with
§124.5 within 90 days after the Federal Register notice of
the regulatory action or within 90 days of judicial remand.
4. When the DO determines that modification of the permittee's compli-
ance schedule is in order, due to events that render performance
impossible by the permittee. Impossibility means that the events
(such as a strike, flood, or materials shortage) are such that the
permittee has little or no control over them and for which there is
no reasonably available remedy;
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127
5. When modification of a closure plan is required (as in §§264.112(b)
or 264.118(5));
6. When the DO determines based on the notification of expected closure
that it is appropriate to:
(i) extend the 90 or 180 day periods under §264.113;
(ii) modify as per the permittee's request the 30-year post-closure
period under §264.117(a);
(iii) continue the security requirements of §264.117(b); or
(iv) allow the integrity of the containment system to be disturbed
under §264.117(c); or
7. When the permittee has filed a §264.147(d) variance request regarding
the level of financial responsibilities that an upward adjustment of
the level of financial responsibility is required.
It should be noted that modifications that trigger the draft permit pro-
cess should be distinguished from "minor modifications" of RCRA permits.
Minor modifications of permits occur upon the direction of the DD with
consent of the permittee and do not involve the Part 124 procedures.
Minor modifications are only those which:
1. Correct typographical errors;
2. Require more frequent monitoring or reporting by the permittee;
3. Change an interim compliance date in a schedule of compliance (how-
ever, it should be noted that the regulations provide for no more
than a 120 day extension and in no event may this interfere with the
attainment of the final compliance date requirement);
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128
4. Allow for a change in ownership or operational control if the DD de-
termines that no other change in the permit is necessary and the
transferor and transferee of the permit agree in a writing submitted
to the DD as to the date of transfer of responsibility and coverage
and liability under the permit;
5. Change the lists of facility emergency coorrdinators or equipment in
the permits contingency plan;
6. Change estimates of maximum inventory under §264.113(a) and (b).
7. Chanage estimates of expected year of closure or schedules of final
closure under §264.112(a)(4); or
8. Approve periods longer than 90 or 180 days under §264.113(a) and (b).
D. Possible Evidentiary Hearings under Subpart E.
When RCRA permits are to be terminated on Region V-'s initiative, Region V
is required to use the procedures provided in Subpart E on Evidentiary
Hearing (§124.71(a)). Region V must also provide public notice of the
hearing pursuant to §124.10. These hearings can also be used when terms
of a RCRA permit are clsoely linked to terms of an NPDES permit for
which there will be an evidentiary hearing.
At this juncture, Region V does not envision that many evidentiary hear-
ings involving RCRA permit conditions will be necessary. Moreover, the
Region V has already administered evidentiary hearings for NPDES permits.
For these reasons, what follows is only a general discussion of eviden-
tiary hearing requirements. (For additional information see 40 CFR Part
124 Subpart E.)
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CHAPTER 8 _
SOLID WASTE DISPOSAL ACI (SWDA), AS
AMENDED BY THE RESOURCE CONSERVATION AND
RECOVERY,ACT OF 1976 (SWDA, AS AMENDED)
REGION Y MANUAL
DELEGATIONS
8-9 Hazardous Waste Management Enforcement
1. AUTHORITY. Pursuant to EPA Delegations Manual, Chapter 8-9, to issue
notices of violation, issue notices of opportunity of hearings, issue
subpoenas, issue compliance orders, provide for public hearings, make
final findings of fact, specify times for compliance, and assess civil
penalties taking into account the seriousness of the violation and good
faith efforts to comply with applicable requirements of Section 3008 of
the SWDA, as amended, and regulations promulgated thereunder.
2. TO WHOM DELEGATED. Director, Enforcement Division.
3» LIMITATIONS. Director, Enforcement Division is required to notify
the Regional Administrator and the Assistant Administrator for Enforcement
when exercising these authorities.
4. REDELE6ATION. This authority may not be redelegated.
5. ADDITIONAL REFERENCES. Chapter 1-9, EPA Delegations Manual.
Delegation of Authority from the Regional Administrator
"Ti 2/5/81.
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CHAPTER 8
SOLID WASTE DISPOSAL ACT (SWDA), AS
AMENDED BY THE RESOURCE CONSERVATION AND
RECOVERY ACT OF 1976 (SWDA, AS AMENDED)
REGION V MANUAL
DELEGATIONS
8-6. Permits for Treatment, Storage, or Disposal of Hazardous Waste
1. AUTHORITY. Pursuant to EPA Delegations Manual, Chapter 8-6 and
Section 3005 of SWDA, as amended, to perform all actions necessary to
issue, modify, or revoke permits— in the absence of an authorized
State Hazardous Waste Program—for owners and operators of hazardous
waste treatment, storage, and disposal facilities.
2. TO WHOM DELEGATED. Director, Air and Hazardous Materials Division,
3. REDELEGATION. This authority may not be redelegated.
Delegation of Authority from the Regional Administrator
18 2/5/81
CHAP 8
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Keimnder Nonce to Facilities under Construction
RE: Facility name
Facility address
EPA identification number
Dear Sir/Madam:
This letter constitutes a reminder notice for the submission of Part B of your
application for a hazardous waste facility under the Resource Conservation and
Recovery Act for the above-referenced facility.
In order for you to complete construction of your facility, 40 CFR §122.22(b)
requires the submission of a Part B permit application before the effective
date of the facility standards applicable to your operation (40 CFR §264).
The application must be submitted in triplicate by^
to the following address:
RCRA ACTIVITIES . --- : ;;..
Part B Permit Application "" "^
Region V
P.O. Box A3587 -- -
Chicago, Illinois 60690
The content and format of the application is explained in 40 CFR §122.25. If -
any of this information is being submitted under a claim of confidentiality,
please indicate so on the application. For more information on confidentiality,
consult 40 CFR §2.
'Should you have any questions about this notice, or are unable to meet the
above deadline, please contact at (312)
____^ immediately. We will be happy to discuss the application
requirements with you in more detail.
Sincerely yours,
Eugene Meyer, Ph.D.
Chief, Technical Programs Section
Waste Management Branch
U.S. Environmental Protection Agency, Region V
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Form Letter for Request of Part B
RE: (Facility name)
(EPA ID No.)
Dear (Facility contact)
We have completed our review of Part A of your application for a hazardous waste
permit and have determined your readiness to proceed with Part B. Accordingly,
under the authority of 40 CFR 122.22(a), this letter constitutes a formal request
for Part B of your application for a permit under the Resource Conservation and
Recovery Act for the above referenced facility.
Enclosed for your reference is a copy of 40 CFR 122.25 which lists the items
that constitute Part B for your facility. Your Part B application must be sub-
mitted in triplicate, in time to reach us by . If any of the
required information is being submitted under a claim of confidentiality, please
indicate this on the application (for more information on confidentiality, con-
sult 40 CFR 2). Please send your Part B submission to the following address:
RCRA ACTIVITIES
Part B Permit Application
USEPA, Region V
P.O. Box A3587
Chicago, Illinois 60690-3587
Also enclosed for your information is a copy of 40 CFR 264, which includes the
technical standards for the operation of treatment, storage and disposal facili-
ties. These standards are applicable upon USEPA's issuance of a permit to your
facility.
If you have any questions about completing or filing your Part B, please contact
at (312) . We will be happy to meet with
you in our Chicago office if you wish to discuss application requirements in
more detail.
Sincerely yours,
Karl J. Klepitsch, Jr., Chief
Waste Management Branch
Enclosures: 40 CFR 122.25
40 CFR 264
cc: State Hazardous Waste Permit contact
Owner & operator if other than facility contact
bcc: Part A File
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UNITED STATES
NVIRONMENTAL PROTECTION AGENCY
"EQION V
T11 West Jackson Blvd-
CHICAGO. ILUNOIS 60604
REPLY TO ATTENTION OF
Reminder Notice to Existing HWM Facilities
Ref: EPA Identification No.
Dear Sir/Madam:
This notice serves to remind you that Part B permit application for your
facility must be submitted to this Agency by . A request for a Part
Cdate)
B permit application was sent to you on . The submission of a
[date)
permit application is necessary in order for you to comply with Section 3005 of
the Resource Conservation and Recovery Act.
Should you have any questions about the application procedure, please feel
free to contact at
312/886-2197. Your cooperation in this matter is appreciated.
Sincerely,
Eugene Meyer, Ph.D.
Chief, Technical Programs Section
Appendix 4
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PERMIT REVIEW CHECK BOX IF
CHECKLIST . CONFIDENTIAL
Instructions INFORMATION
IS CONTAINED
This Checklist is designed to serve as a management tool for
the RCRA permitting process. Upon receipt of Part A of the
application for existing facilities and Parts A and B for new
facilities, they should be attached to the applicant's file.
These documents should accompany the file until all steps have
been completed, at which time they should be filed in the admini-
strative record.
The checklist requires the person responsible for each task to
indicate the date the task was initiated and the date the task is
completed. This checklist should also be placed on the cover of the
applicant's general file for quick reference.
Date Date Responsible
Activity Initiated Completed Person
For Existing Facilities:
Part A received
Part B requested
Part B received
New facilities only
Parts A and B received
Completeness determinations
made and project decision
schedule mailed out for
new major facilities
All facilities
Reviewed for required
information (against
checklist on Part B
contents)
Requested additional
information
Received more data
required to make permit
issuance decisions
Additional information
requested
Additional information
received
Letter sent confirming
submission of complete
application
typeniiX £~
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PEPMIT REVIFW
CHECKLIST cont'd.
Date Date Responsible
Activity Initiated Completed Person
public notice of draft
permit or intent to
deny published
public comments due
public comments forwarded
to administrative record
public hearing requested
public hearing held
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Form Letter For Requesting Missing Information on Part B
Refi EPA Identification No.
Dear Sir/Madam:
We have received Part B of your RCRA permit application for
(fill in facility's name and address). Upon completion of our
administrative review, we find the following items missing:
(Fill in Missing Itens)
Please be aware that you are obligated to submit a complete
Part B by (Fill in original deadline or, if passed, a new deadline
in the event an extension is granted). Failure to submit these
items by this deadline may result in the initiation of proceedings
to terminate your "interim status" in accordance with the procedun
i
specified in 40 CFR Part 124, Subpart K.
If you should have any questions about our request or need an:
assistance, please contact .
Sincerely yours,
Environmental Protection
Agency
Region __•
Permits Division
Enclosure: Part B Item
>X
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£^-Uv»- -
:-- - • ' ' * ic coff?*^*'
« -••-'"
ration com^««.—
sannot begin until this in£om«*.*.,.- _
f
Jnc« SPA determines that the application is complete/ cequ<
for additional information* during the period of technical
rill hi limited to situations where necessary to clarify, i
t*^nfc ttreviously submitted information.
• • — *
--«s a
Sincerely yours*.
" '
John R. Hoebes
, Pernits Branch
5tav«Hitc|»cocJc, CT
.... . ' i
•'•' *
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ipA~|eg~ipn~i, Permits Branch
ixoutline. the areas where the General Slec-
not meet the information requirements for a
permit application* These requirements, are established in
40 C?R Part 122 and refer to technical standards for hazardous
waste management facilities (H.W.H.?.) in 40 CP& Part 264. These
comments specifically address technical deficiencies in the appli-
cation. The deficiencies are arranged to coincide with the re-
quirements of Part 122* Therefore, in order for SPA to begin a
technical review of your application, additional information is
necessary in the following areas. •
v.;" : - In genera I, the original and additional: information presented was
difficult to followv The application must be "personalized" for
your facility. : Information, within the application was often
contradictory, and it was difficult to tell which information
took precedent. Please clarify these ambiguities.
GENERAL REQUIREMENTS (S 122.2S(a))
A. General Description of the Facility (S 122.2S(a)(l))
1* The Part A application which you submitted on November 4,
:;/ ;.1980*;needs to;be revised to reflect the facility's changes.
2. Both facility descriptions submitted are inconsistent with the
information presented in the rest of the application. Please
review the entire application and discuss all significant
buildings and equipment. An enlarged facility drawing, de-
tailing all items discussed, would be helpful.
3. The facility description (submitted July 27, 1981) given in
Part B states that there is treatment occuring at your facility.
, , However, there., is no mention of any treatment processes
.v occuring at your facility on Part A of your application.
::. . Please clarify if treatment is occuring and discuss all appli-
, cable RCRA requirements concerning this treatment.
•"*• • -• .-j *•-•.•« ,m> !".;;».»* -.'•'•, •,»'" '.Tr1-J^'.1'•„ v, .• " "•-,.' ' ' . •• i t !', • . . •. •
The facility description (submitted August 6, 1931} ia
difficult to follow. Does the North Plant facility hold
NPOBS Permit Number CT00017Q8 as indicated on your Part A?
la there a totally enclosed treatment system or elementary
neutralization unit prior to this discharge? What is the
purpose in referencing the status of the other facilities
(CT0001685312 and CT0000842492}? Are their treatment systems
•.connected.with,North Plant?
[ • 5. Part 8. of. your application states that you hold an air emission
--'' . permit number 01460012. This number is not listed among
those stated in Part A of your application. Please clarify
if you hold this permit and correct your application as
necessary.
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«,- The; information presented in your Part A application concerning
the*wastea which you handle does not coincide with that given
::n :- 'Ttve •waste;analys is: plan submi tted should be personalized for
:'•"•'.":. the Horth Plant facility. It should'oniy include those waste
"'~ which are stored at the facility from either on-site generation
or off-site sources.
3« The plan should discuss the tracking of waste from generation
to storage* You should1 specify what wastes are generated
off-site, and describe the procedures which will be carried
', out to assure that the waste received matches the waste
•. designated on the manifest. In the facility description,
; C.SV catagocized the waste streams. It would be helpful if
; - you followed these.categories throughout the application..
4, The application presents a Waste Analysis Plan (Section 2.1}
as well as a Solid and Hazardous Waste Summary (Table 3*1).
Hot all wastes listed in Table 3.1 are discussed in Section
. 2.1 (i.e. toluene and 0007 chromate waste). Please clarify
this discrepancy.
5* The waste analysis plan states; "Trichloroethane may contaminate
,^r<:t%Qjttie^ise:^ If "contamination is
suspected,-a gas chromatographic analysis* will be conducted.
* Discuss the criteria used to conduct further analysis.
(Note: Since trichloroethane is a listed waste, P002, any
* mixture of it with a solid waste will make the entire waste
stream hazardous1.
6* Section 2.1 lists the EPA Waste Number for Wastewater Treat-
ment Sludge as POO6 or 0006. Table 3.1 lists this number as
P006 only. Please explain why Table 3.1 lists F006 only.
7, There are items liated .on Table 3.1 without £PA Waste Numbers.
The table should indicate what testing will be done to deter-
mine if these materials are hazardous. .
.8*. In Table 3,1 you show the labeling procedure for chromate
. •; wastes less than 35% chromic acid. Are chromate wastes
greater .than 35% chromic acid not hazardous? Why is this
".. limitation present? What is the significance of this percen-
' V tage? •'• •• ""-.--. •-.- :"•'•- • .'
9. The ON/MA number stated on Table 3.1 for alkaline wastes is
incorrect. It should be corrected to NA 1719, Please review
your summary table to assure all items listed are correct.
, •*. ..••.-- .-, •- ...•
^ir-'Vi-.-.i. i . .. ^i.jvjjtr•••••• ' r- •>'' ' ' --'"' ' •' '-.* .« * •! '.'i • ;''
* -" • ' •" "'
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Form Letter for Informing Applicant that Applicat
is Considered to be Officially Submitted
RE: Facility name
Facility address
EPA identification number
Dear Sir/Madam: __
We have received your RCRA permit application for the above-referenced facility.
You have submitted all required information and your application is, therefore,
considered to be officially submitted. Technical review of your application
will begin shortly. You wil be informed of the status of your application once
technical review is completed.
In accordance with 40 CFR §124.3, we reserve the right to request any additional
information or to schedule a site visit if we feel that it is necessary to
evaluate your application. -
We thank you for yor cooperation. If you have any questions or need any
assistance, please contact ~ "'
Sincerely yours,
Eugene Meyer, Ph.D.
Chief, Technical Program Section
Waste Management Branch
U.S. Environmental Protection Agency - Region V
(3 (b)
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SAMPLE PROJECT DECISION SCHEDULE APPLICABLE
TO NEW MAJOR HWM FACILITIES
PROJECT DECISION SCHEDULE
FOR: EPA IDENTIFICATION NO.
The following dates are targets for completion of the
administrative tasks listed in the left column. These are
estimated times for completion of these tasks and are not
binding on the Environmental Protection Agency.
TASK TARGET DATE
DRAFT PERMIT PREPARATION
PUBLIC NOTICE ISSUANCE
COMPLETION OF PUBLIC COMMENT
PERIOD
FINAL PERMIT ISSUANCE
•/
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COMPLETENESS'CHECKLIST'FOR'PART B PERMIT APPLICATION'REVIEW INSTRUCTIONS:
COMPLETE AFTER OBTAINING THE FOLLOWING: NOTIFICATION FORM, PART A
PERMIT APPLICATION, ISS INSPECTION RESULTS (IF AVAILABLE), AND PART B
APPLICATION. REVIEW APPLICATION TO VERIFY THAT ALL REQUIRED MATERIAL
IS PHYSICALLY PRESENT. CHECK APPROPRIATE BOX IF IT IS MISSING.
COMPARE THE CONTENT OF THE REQUIRED MATERIAL (PLANS, MAPS, ANALYSES,
ETC.) WITH THE STANDARDS REFERENCED IN THE CHECKLIST. FOR TECHNICAL
MATTERS OUTSIDE OF YOUR EXPERTISE, CONSULT WITH A SPECIALIST IN THE FIELD.
DO NOT ATTEMPT TO ANALYZE INFORMATION THAT YOU DON'T UNDERSTAND. AFTER
DETAILED ANALYSIS AND CONSULTATIONS, MARK THE ACCEPTABLE BOX IF ALL
REQUIREMENTS ARE SATISFIED. IF MOST OF THE REQUIREMENTS ARE MET, BUT
SOME ARE NOT, MARK THE INADEQUATE BOX.
SOME QUESTIONS ARE YES AND NO, BECAUSE THEY REPRESENT A BINARY DECISION.
SOME DECISIONS REQUIRE CERTAIN QUESTIONS TO BE SKIPPED. WHEN THIS IS THE
CASE, AN INSTRUCTION IS LOCATED BELOW THE BOX THAT DIRECTS THE REVIEWER
TO GO TO THE APPROPRIATE QUESTION OR MERELY CONTINUE. AUTOMATICALLY
CONTINUE IF THERE IS NO INSTRUCTION^.
THE FACILITY MUST REMEDY ALL INADEQUACIES. INSPECTIONS WILL BE CONDUCTED
TO RELATE SUBMITTED DATA WITH PHYSICAL REALITY. THIS IS NOT AN INSPECTION
FORM, BUT AN AID USED IN EVALUATING PART B APPLICATIONS. INADEQUACIES
UNCOVERED SHOULD BE TARGETED FOR INSPECTION.
Appendi x
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Hazardous Waste Landfill
Permit Application
Pursuant to 40 CFR, Part 267
Name of Facility:
Facility Contact:
Facility Location:
Phone: (
Date application received by EPA:
Date application assigned to Permit Writer:
Name of Permit Writer:
Date application complete:
C. Grigalauski
0. Robinson
August 31, 1981
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Checklist for Hazardous Waste Landfill Pernrit Applications
Pursuant to 40 CFR, Part 267
Subpart B-Environmental
Performance Standard
§267.10 Enviromental performance standard.
All new landfills, surface impoundments,
land treatment facilities and underground
injection wells shall be located, designed,
constructed,-operated, maintained and
closed in a manner that will assure protec-
tion of human health and the environment.
Protection of human health and the environ- Remarks
ment shall include, but not be limited to:
(a) Prevention of adverse effects on
ground-water quality considering:
(1) The volume and physical and
chemical characteristics of
the waste in the facility,
including its potential for
migration through soil or
through synthetic liner
materials;
(2) The hydrogeological charac-
teristics of the facility and
surrounding land;
(3) The quantity, quality and
directions of ground-water flow;
(4) The proximity and withdrawal
rates of ground-water users;
(5) The-existing quality of ground-
water, including other sources
of contamination and their cumu-
lative impact on the ground-water;
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(6) The potential for health risks
caused by human exposure to
waste constituents;
(7) The potential damage to wild-
life, crops, vegetation and
physical structures caused by
exposure to waste constituents;
(8) The persistence and permanence
of the potential adverse effects;
and
(b) Prevention- of adverse effects
on surface water quality con-
sidering:
(1) The volume and physical and
chemical characteristics of
the waste in the facility;
(2) The hydrogeological charac-
teristics of the facility and
surrounding land, including
the topography of the area
around the facility;
(3) The quantity, quality and
directions of groundwater
flow;
(4) The patterns of rainfall in
the region;
(5) The proximity of the facility
to surface waters;
(6) The uses of nearby surface
water quality standards
established for those surface
waters -and any water quality
of Surface waters;
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(7) The existing quality of sur-
face water, including other
sources of contamination and
their cumulative impact on sur-
face water;
(8) The potential for health risks
caused by human exposure to
waste constituents;
(9) The potential damage to wild-
life, crops, vegetation and
- - physical, structures caused by
exposure to waste constituents;
(10) The persistence and permanence
of the potential adverse effects;
and
(c) Prevention of adverse effects on air
quality, considering;
(1) The volume and physical and
chemical characteristics of
the waste in the facility,
including its potential for
volatilization and wind dispersal;
(2) The existing quality of the air
including other sources of con-
tamination and their cumulative
impact on the air;
(3) The potential for health risks
caused by human exposure to
waste constitutents;
(4) The potential damage to wildlife
crops, vegetation and physical
structures caused by exposure to
waste constituents;
(5) The persistence and permanence
of the potential adverse effects;
.and
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(d) Prevention of adverse effects due to
migration of waste constituents in
the subsurface environment, consider-
ing:
(1) The volume and physical and chemi-
cal characteristics of the
waste in the facility, including
its potential for migration
through soil;
(2) The geologic characteristics of
. - the facility and surrounding land;
(3) The patterns of land use in the
region;
(4) The potential for migration of
waste constituents into sub-surface
physical structures;
(5) The potential for migration of
waste constituents into the
root zone of food-chain crops
and other vegetation;
(6) The potential for health risks
caused by human exposure to
waste constituents;
(7) The potential damage to wildlife,
crops, vegetation and physical
structures caused by exposure to
waste constituents; and
(8) The persistence and permanence of
the potential adverse effects.
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Subpart C-Landfills
§267.20 Applicability.
The regulations in this Subpart apply
to owners and operators of new facilities
that dispose of hazardous waste in landfills.
§267.21 General design requirements.
(a) Each landfill must include a liner
designed to comply with §267.10 of
this Part. The design of the facili-
ty liner must reflect a consideration
of:
(i) The physical and chemical charac-
teristics of the waste in the
facility;
(2) The pressure head of leachate on
the liner;
(3) Climatic conditions in the area;
(4) The permeability of the liner
material, including compaction
density and moisture content
where earthen materials and
present;
(5) The physical and chemical proper-
ties of the soil underlying the
facility that supports any em-
placed liner; and
(6) The potential for damage to the
liner system that could occur
during installation of any
emplaced liner.
(b) Each landfill must include a leachate
and runoff control system designed to
comply with §267.10 of this Part. The
design of the facility leachate and
runoff control system must reflect
a consideration of:
(1) The physical and chemical charac-
teristics of the waste in the
facility;
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(2) Climatic conditions in the area;
(3) The volume of leachate or contami-
nated runoff that could be pro-
duced at the facility; and
(4) The available options for managing
any leachate or contaminated run-
off that is collected at the
facility.
267.22 General operating requirements.
(a) Incompatible wastes, or imcompatible
waste and materials, must not be
placed in the same landfill, unless
§267.17(b) is complied with. The waste
analysis plan required by §267.13 must
include the analysis needed to comply
with this paragraph.
(b) Any emplaced liner material must be
installed in a manner that will
protect the function and physical
integrity of the liner.
(c) The leachate and runoff control system
must be operated and maintained in a
manner that will comply with §267.10
of this Part. The procedure for
operating the leachate and runoff
control system must reflect a considera-
tion of:
(1) The volume of leachate of contami-
nated runoff produced at the
facility;
(2) The capacity of any leachate or
runoff collection device at the
facility;
(3) Climatic conditions in the area;
and
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(4) The quality of the leachate or run-
off produced and the available alter-
natives for managing any leachate or
contaminated runoff produced at the
facility.
(d) The landfill must be inspected at a
sufficient frequency to assure compliance
with §267.10 of this Part.
§267.23 Closure and post-closure.
(a) "A"landfill must be closed in a manner
that will comply with §264.112 of this
Chapter must specify the functin and
design of the cover. Proper closure of
a landfill must reflect a consideration
of:
(1) The type and amount of waste in the
facility;
(2) The mobility and expected rate of
migration of waste;
(3) Site location, topography and sur-
rounding land use;
(4) Climatic conditions in the area;
(5) Charateristies of the cover including
material, final surface contours
thickness, porosity and permeability,
slope, length of run of slope, and
type of vegetation on the cover; and
(6) Geological and soil profile and
surface and subsurface hydrology of
the site.
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(b) A landfill must be maintained in a
manner that complies with §267.10 of
this Part during the post-closure
period. The post-closure plan under
§264.118 of this Chapter must specify
the procedures that will be used to
satisfy this paragraph. Proper main-
tenance of a landfill during the post-
closure period must reflect a con_
sideration of:
(1) The type and amount of
waste in the facility;
(2) The mobility and expected
rate of migration of the
waste;
(3) Site location, topography
and surrounding land use;
(4) Climatic conditions
in the area;
(5) Charateristics of the cover
including material,
final surface contours,
thickness, porosity and
permeability, slope,
length of run of slope,
and type of vegetation on
the cover;
(6) Geological and soil
profiles and surface and
subsurface hydrology of
the site; and
(7) The maintenance of any
•ground-water monitoring
system or leachate and
runoff control system at
the facility.
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§267.24 Treatment of waste.
The Regional Administrator may waive any of
the requirements in §§267.21,267.22 or 267.23
of this Subpart where necessary to achieve
treatment hazardous waste in a landfill,
provided that the waiver does not result in
noncompliance with §267.10.
§267.25 Additional requirements.
The Regional Administrator may place
additional requirements on owners and
operators of new landfills, besides those
other wise required by this Subpart, where
necessary to comply with §267.10 of this
Part.
Subpart F-Ground-water Monitoring
§267.51 Applicability.
Each new hazardous waste andfill, surface
impoundment, or land treatment facility
must have a ground-water monitoring program,
which includes a ground-water monitoring
system, procedures for sampling, analysis
and evaluation of ground-water data, and
appropiate response procedures.
§267.51 Ground water monitoring system.
the ground-water system required by this
subpart must be capable of determining the
facility's impact on ground-water in the
uppermost aquifer so as to assure compliance
with §267.10 of this Part. The design of
the ground-water monitoring system must
reflect a consideration of:
(a) The placement and depth of monitoring
wells that is necessary to obtain a
representative sample of constituents
in the uppermost aquifer, including
those present in the ground-water
upgradient from the facility;
(b) Measures such as casing which maintain
the integrity of the monitoring well bore
hole; and
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(c) Measures which prevent contamination of
ground-water samples.
J267.52 Ground water monitoring procedures.
(a) The ground-water monitoring procedures
required by this Subpart must be capable
of assuring compliance with §267.10 of
this Part. The procedures must reflect
a consideration of:
"(1) Sample collection procedures;
(2) Sample preservation and shipment proce-
dures;
(3) Analytical methods;
(4) Chain of custody control; and
(5) Evaluation procedures, including
methods for determining the extent and
rate of migration of waste constituents.
(b) The ground-water monitoring procedures
required by this Subpart must include
appropriate procedures for when the
groundwater monitoring program indicates
that the facility is not in compliance
with §267.10 of this Part. Such response
procedures must be contained in the contin-
gency plan required by Subpart D of Part
264.
10
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§267.53 Additional requirements.
The Regional Administrator may place additional
ground-water monitoring requirements on owners or
operators of facilities subject to this Part,
besides those otherwise required by this subpart,
where necessary to comply with §267.10 of this Part.
11
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CONTENTS
DIRECTIONS: THE LEFT COLUMN OF EACH PAGE CONTAINS A COLUMN
OF ROWS. EACH ROW NUMBER REFERS TO A REQUIREMENT.
ROWS 1 - 20 GENERAL FACILITY REQUIREMENTS. ALL FACILITIES
SUBMITTING PART B MUST SATISFY THESE
ROWS 21 - 24 STORAGE FACILITIES ONLY
ROWS 25 - 30 RESERVED
ROWS 31 - 58 INCINERATORS ONLY
ROWS 59 - 68 RESERVED
ROWS 69 - 73 DIRECTION COMMANDS
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. EVALUATION CHECKLIST
Part B Permit Application
I. General Facility Standards
(A) Facility Name:
(B) Street: '
(C) City:
(D) State:.
(E) Zip Code:.
(F) Phone:
(G) County:
(H) USEPA ID Number:
LIST INSPECTION DATES AND ATTACH COPY OF RESULTS
INSPECTION DATE RESULTS ATTACHED
YES T~T
YES
YES
YES
YES
NO J_
El
NO
NO TT
NO FT
REVIEWER'S NAME
DATE STARTED
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1. IS THIS A NEW FACILITY?
2. IS FACILITY LOCATION INCLUDED IN PART
264 APPENDIX 6?
(FR, 1/12/81, pp. 2873 - 2874)
YES NO
CONTINUE 60 TO 4A
CONTINUE GOTO" 4A
SEISMIC SECTION - (NOTE: THIS SECTION APPLIES ONLY TO NEW FACILITIES THAT WOULD BE
LOCATED IN AN AREA LISTED IN PART 264 APPEDIX 6).
3A. ARE FAULTS WHICH HAVE HAD DISPLACEMENT IN
HOLOCENE TIME, LOCATED WITHIN 3000 FEET OF
FACILITY? (FR, 1/12/81, pp. 2810 - 2813,
2889). ~~"
3B. ARE THERE LINEATIONS THAT SUGGET THE
PRESENCE OF A FAULT (WHICH HAS HAD
DISPLACEMENT IN HOLOCENE TIME) WITHIN
3000 FEET OF THE FACILITY?
(FR, 1/12/81, p. 2889).
3C. IF 3A or 3B WERE YES, ARE THE REQUIREMENTS
OF 122.25(a)(ii)(B) SATISFIED?
(FR, 1/12/81, p.2289).
3D. IS INFORMATION INCLUDED THAT COULD
DEMONSTRATE COMPLIANCE WITH THE SEISMIC
STANDARD? (FR, 1/12/81, p. 2889).
YES
NO
CONTINUE
GO T04A
EVALUATE SEISMIC INFORMATION
3E. PUBLISHED GEOLOGIC STUDIES.
3F. AERIAL RECONNAISSANCE WITHIN FIVE MILES
RADIUS.
36. AERIAL PHOTOGRAPH ANALYSIS COVERING 3000
FEET RADIUS.
3H. CLARIFICATION BASED ON WALKING
RECONNAISSANCE.
31. SITE ANALYSIS TRENCHING FLOOD PLAIN
SECTION.
ACCEPTABLE INADEQUATE MISSING
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FLOOD PLAIN SECTION
YES
4A. IS FACILITY LOCATED ON 100-YEAR FLOOD PLAIN?
(NOTE: IF A FEDERAL INSURANCE ADMINISTRATION
MAP IS NOT AVAILABLE EQUIVALENT MAPPING
TECHNIQUES MUST BE USED TO DETERMINE WHETHER
THE FACILITY IS WITHIN THE 100-YEAR FLOODPLAIN.
4B. IS FLOOD PLAIN INFORMATION INCLUDED?
(FR, 1/12/81, p. 2890).
CONTINUE
NO
SCTTO
6A
CO
YES
NTINU
NO
GO T070
EVALUATE FLOOD PLAIN INFORMATION
ACCEPTABLE INADEQUATE MISSING
4C. ENGINEERING ANALYSIS TO INDICATE THE
VARIOUS HYDRODYNAMIC AND HYDROSTATIC FORCES
EXPECTED TO RESULT AT THE SITE AS A
CONSEQUENCE OF A 100-YEAR FLOOD.
4D. STRUCTURAL OR OTHER ENGINEERING STUDIES
SHOWING THE DESIGN OF OPERATIONAL UNITS
(E.G., TANKS, INCINERATORS) AND FLOOD
PROTECTION DEVICES (E.G., FLOODWALLS,
DIKES) AT THE FACILITY AND HOW THESE WILL
PREVENT WASHOUT.
(NOTE: IF APPLICABLE AND IN LIEU OF 4C and
40 THE APPLICATION MAY INCLUDE INFORMATION
THAT SATISFIES 4E THROUGH 41%
4E. A DETAILED DESCRIPTION OF PROCEDURES TO BE
FOLLOWED TO REMOVE HAZARDOUS WASTE TO
SAFETY BEFORE THE FACILITY IS FLOODED.
4F. TIMING OF SUCH MOVEMENT RELATIVE TO FLOOD
LEVELS, INCLUDING ESTIMATED TIME TO MOVE
THE WASTE, TO SHOW THAT SUCH MOVEMENT CAN
BE COMPLETED BEFORE FLOODWATERS REACH THE
FACILITY.
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ACCEPTABLE INADEQUATE MISSING
46. A DESCRIPTION OF THE LOCATION(S) TO WHICH 1T 1T 1T
THE WASTE WILL BE MOVED AND DEMONSTRATION
THAT THOSE FACILITIES WILL BE ELIGIBLE TO
RECEIVE HAZARDOUS WASTE IN ACCORDANCE
WITH THE REGULATIONS UNDER PARTS 122
THROUGH 124 AND 264 THROUGH 266.
4H. THE PLANNED PROCEDURES, EQUIPMENT, AND 1T 1T 1T
PERSONNEL TO BE USED AND THE MEANS TO
ENSURE THAT SUCH RESOURCES WILL BE
AVAILABLE IN TIME FOR USE.
41. THE POTENTIAL FOR ACCIDENTAL DISCHARGES 1f 1T 1T
OF THE WASTE DURING MOVEMENT.
YES NO
5A. IS THIS AN EXISTING FACILITY THAT IS IN 1T 1T
CONTINUE
COMPLIANCE WITH 264.18(b) GO TO 6A CC
(FR, 1/12/81, p. 2849).
(NOTE: IF 4C AND 4D ARE ACCEPTABLE OR IF
4E THROUGH 41 ARE ACCEPTABLE THAN THE
FACILITY IS IN COMPLIANCE.)
5B. IS A PLAN INCLUDED TO SHOW HOW AND WHEN 1f
A FACILITY WILL BE BROUGHT INTO COMPLIANCE? GO TO 72
(FR, 1/12/81, p. 2890).
5C. IS THE PLAN ACCEPTABLE?
GO~7fT72
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GENERAL INFORMATION SECTION
EVALUATE GENERAL INFORMATION (FR, 1/12/8T, p. 2889)
ACCEPTABLE
6A. GENERAL FACILITY DESCRIPTION.
INADEQUATE MISSING
(NOTE: THE COMPLETE AND ACCURATE PART A
SATISFIES THIS REQUIREMENT.)
6B. CHEMICAL AND PHYSICAL ANALYSES OF HAZARDOUS
WASTES TO BE HANDLED.
(NOTE: PART A SHOULD BE REVIEWED TO ENSURE
THAT THE FACILITY HAS SUBMITTED ANALYSES
OF ALL HAZARDOUS WASTES WHICH IT HANDLES.)
6C. COPY OF WASTE ANALYSIS PLAN (264.13(b), (c))
6D. DESCRIPTION OF 264.14 SECURITY PROCEDURES
AND EQUIPMENT OR RATIONALIZATION FOR
WAIVER.
6E. COPY OF GENERAL INSPECTION SCHEDULE
(264.15(b)).
6F. JUSTIFICATION FOR WAIVERS(S) OF PART 264
SUBPART C PREPAREDNESS AND PREVENTION
REQUIREMENTS.
66. COPY OF CONTINGENCY PLAN REQUIRED BY 264
SUBPART B.
7. A DESCRIPTION OF PROCEDURES, STRUCTURES,
OR EQUIPMENT USED AT THE FACILITY TO
ACCOMPLISH THE FOLLOWING:
7A. PREVENT HAZARDOUS IN UNLOADING OPERATIONS,
7B. PREVENT RUNOFF FROM HAZARDOUS WASTE
HANDLING AREAS.
(NOTE: ACTIONS TAKEN TO MEET THE TECHNICAL
REQUIREMENTS FOR FLOOD PLAIN PROCEDURES,
INSPECTIONS, CONTAINMENT SYSTEMS, AND
DESIGN AND OPERATING STANDARDS WILL OFTEN
SATISFY THIS ITEM.)
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ACCEPTABLE INADEQUATE MISSING
7C. PREVENT CONTAMINATION OF WATER SUPPIES.
(NOTE: CHECK THE MAP SUBMITTED WITH PART
B FOR EVIDENCE OF NEARBY WATER SUPPLIES.)
7D. MITIGATE EFFECTS OF EQUIPMENT FAILURE AND
POWER OUTAGES.
7E. PREVENT UNDUE EXPOSURE OF PERSONNEL
TO HAZARODUS WASTE.
8. DESCRIPTION OF PRECAUTIONS TO PREVENT
ACCIDENTAL IGNITION OR REACTION OF
IGNITABLE, REACTIVE, OR INCOMPATIBLE
WASTES (264.17)(FR, 1/12/81, p. 2848).
(NOTE: CHECK PART A AND WASTE ANALYSIS
SUBMITTED WITH PART B TO DETERMINE IF
FACILITY HANDLES IGNITABLE, REACTIVE
OR INCOMPATIBLE WASTES.).
9. DESCRIPTION OF ACCESS ROAD SURFACING,
LOAD BEARING CAPACITY, TRAFFIC SIGNALS,
TRAFFIC PATTERN, VOLUME AND CONTROL.
•
10. DESCRIPTION OF HOW BOTH THE INTRODUCTORY
AND CONTINUING TRAINING PROGRAMS
DEMONSTRATE COMPLIANCE WITH 264.16
(FR, 5/19/80, p. 33223, FR, 1/12/81,
p7"2848). ~~
11. COPY OF CLOSURE PLAN (264.118) AND WHERE
APPLICABLE THE POST-CLOSURE PLAN.
(FR, 1/12/81, p.2851).
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12. DOCUMENTATION THAT NOTICE HAS BEEN
PLACED IN DEED (264.120)(FR, 1/12/81,
p. 2851).
13. MOST RECENT CLOSURE COST ESTIMATE
(264.142)(FR, 1/12/81, p. 2852).
14. COPY OF FINANCIAL ASSURANCE MECHANISM
(264.143)(FR, 1/12/81, pp. 2852 -
2856). ~"
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ACCEPTABLE INADEQUATE MISSING
15. THE MOST RECENT POST-CLOSURE COST
ESTIMATE (264.144)(FR, 1/12/81,
p. 2856) ""
(NOTE: THIS APPLIES ONLY TO DISPOSAL
FACILITIES. BE SURE TO CHECK IF
POST-CLOSURE PLAN IS CONSISTENT WITH
THIS ESTIMATE).
1 — f
•"-
-"3
••'.'1
• A
16. COPY OF THE FINANCIAL ASSURANCE
MECHANISM (264.145)(FR, 1/12/81,
p. 2856). ~~
17. COPY OF INSURANCE POLICY OR OTHER
DOCUMENT (264.147) (FR, 1/12/81,
pp. 2859 - 2860). ~~
(NOTE: INTERIM STATUS FACILITIES ARE
REQUIRED TO DELIVER AN ORIGINALLY SIGNED
DUPLICATE OF THE POLICY TO THE REGIONAL
ADMINISTRATOR BY CERTIFIED MAIL BY JULY
13, 1981, THE EFFECTIVE DATE OF SECTION
264.147. APPLICATION REVIEWERS MAY USE
THIS COPY TO SATISFY THE PART B
REQUIREMENT FOR EXISTING FACILITIES.
NEW FACILITIES ARE REQUIRED TO SUBMIT
DOCUMENTATION SHOWING THE AMOUNT OF
INSURANCE MEETING THE SPECIFICATION
OF §264.147(a) TO THE REGIONAL
ADMINISTRATOR BY CERTIFIED MAIL AT
LEAST 60 DAYS BEFORE THE DATE ON
WHICH HAZARDOUS WASTE IS FIRST RECEIVED.)
18. PROOF OF COVERAGE BY A STATE
FINANCIAL MECHANISM (264.140,
264.150)(FR, 1/12/81, p. 2861).
(NOTE: EXISTING FACILITIES USING A STATE
MECHANISM MUST SUBMIT EVIDENCE OF THE
ESTABLISHMENT OF SUCH A MECHANISM TO EPA
BY JULY 13, 1981. APPLICATION REVIEWERS
MAY USE THIS EVIDENCE TO SATISFY THE PART
B REQUIREMENTS. AN OWNER OR OPERATOR OF
A NEW FACILITY MUST DELIVER SUCH EVIDENCE
TO THE REGIONAL ADMINISTRATOR OR BY
CERTIFIED MAIL AT LEAST 60 DAYS BEFORE THE
DATE ON WHICH HAZARDOUS WASTE IF FIRST
RECEIVED.)
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ACCEPTABLE INADEQUATE MISSING
19. MAP EVALUATION (FR, 1/12/81,
p. 2890). ~~
3A. TOPOGRAPHIC MAP.
5B. MAP SCALE AND DATE.
9C. 100-YEAR FLOOD PLAIN AREA.
3D. SURFACE WATERS INCLUDING
INTERMITTANT STREAMS.
?E. SURROUNDING LAND USES.
?F. WIND ROSE
?G. MAP ORIENTATION.
JH. SITE LEGAL BOUNDARIES.
>I. ACCESS CONTROL
W. ON AND OFF SITE INJECTION
AND WITHDRAWALS WELLS.
K. BUILDINGS, TSD OPERATIONS,
AND OTHER STRUCTURES.
L. DRAINAGE AND FLOOD CONTROL
BARRIERS..
M. TSD OPERATIONAL UNITS WITHIN
SITE.
0. OPTIONAL INFORMATION REQUIRED
BY REGIONAL ADMINISTRATOR
[FR, 5/19/80, p. 33428, 122.12
FR, 1/12/81, p. 2890, 122.25 (2)
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STORAGE SECTION
STORAGE TYPE
ROW NUMBER
CONTAINERS
TANKS
SURFACE IMPOUNDMENTS
WASTE PILES
21
22
23
24
CONTAINERS - EVALUATE THE SUBMITTED INFORMATION FOR THE FOLLOWING
CRITERIA - (122.25(100). p. 2891, FR. 1/12/81):
21A. CONTAINMENT SYSTEM: BASIC DESIGN
PARAMETERS, DIMENSIONS AND CONSTRUCTION
MATERIALS.
218. CONTAINMENT SYSTEM: HOW DESIGN PROMOTES
DRAINAGE OR HOW CONTAINERS ARE KEPT FROM
CONTACT WITH FREE STANDING LIQUIDS.
21C. CONTAINMENT SYSTEM CAPACITY RELATIVE TO
THE NUMBER AND VOLUME OF CONTAINERS TO
BE STORED.
21D. CONTAINMENT SYSTEM PROVISIONS FOR
PREVENTING OR MANAGING RUN-ON.
21E. CONTAINMENT SYSTEM MEANS OF ANALYZING
AND REMOVING ACCUMULATED LIQUIDS TO
PREVENT OVERFLOW.
21F. COMPLIANCE WITH BUFFER ZONE/LOCATION
REQUIREMENT (264.176, p. 2867,
FR, 1/12/81).
21G. COMPLIANCE WITH 264.177(C), (p. 2867,
R, 1/12/81), LOCATION OF INCOMPATIBLE
WASTES.
21H. IF INCOMPATIBLE WASTES ARE STORED, A
DESCRIPTION OF THE PROCEDURES USED TO
INSURE COMPLIANCE WITH 264.177(a)(b)
(p. 2876, FR, 1/12/81) and 264.17(b)(c)
(p. 2848, Tff, 1/12/81).
ACCEPTABLE INADEQUATE MISSING
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ACCEPTABLE INADEQUATE MISSING
:ll. DESCRIPTION OF CONTAINMENT SYSTEM TO
DEMONSTRATE COMPLIANCE WITH 264.175,
p. 2867, FR, 1/12/81).
in
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ANKS - EVALUATE THE SUBMITTED INFORMATION FOR THE FOLLOWING CRITERIA
n22.25(b)(2). p. 2891, FR, 1/12/81)
2A. REFERENCES TO DESIGN STANDARDS OR OTHER
AVAILABLE INFORMATION USED IN TANK DESIGN
CONSTRUCTION.
2B. DESCRIPTION OF DESIGN SPECIFICATIONS
INCLUDING IDENTIFICATION OF CONSTRUCTION
AND LINING MATERIALS.
2C. TANK DIMENSTIONS, CAPACITY, AND SHELL
THICKNESS.
2D. DIAGRAM OF PIPING, INSTRUMENTATION, AND
PROCESS FLOW.
2E. DESCRIPTION OF FEED SYSTEMS, SAFETY
CUT-OFF, BYPASS SYSTEMS, AND PRESSURE
CONTROLS, (E.G., VENTS.)
2F. DESCRIPTION OF PROCEDURES FOR HANDLING
INCOMPATIBLE, IGNITABLE, OR REACTIVE
WASTES, INCLUDING THE USE OF BUFFER
ZONES.
2G. EXCEPT AS OTHERWISE PROVIDED IN 264.190,
THE DESCRIPTION OF DESIGN AND OPERATION
PROCEDURES WHICH DEMONSTRATE COMPLIANCE
WITH 264.191, 264.192, 264.198, AND
264.199.
ACCEPTABLE INADEQUATE MISSING
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SURFACE IMPOUNDMENTS - EVALUATE THE SUBMITTED INFORMATION FOR THE FOLLOWING
CRITERIA (122.25(b)(3). FR. 1/127HTT
ACCEPTABLE
23A. A STATEMENT OF THE MINIMUM FREEBOARD TO
BE MAINTAINED AT THE FACILITY AND THE
BASIS OF THE DESIGN TO DEMONSTRATE
COMPLIANCE WITH FREEBOARD REQUIREMENTS
264.221(a) and 264.222(a) and (b), FOR
FLOW THROUGH FACILITIES INCLUDE THE
HYDRAULIC PROFILE.
23B. DETAILED DRAWINGS OF THE SRUCTURE WHICH
IS OR WILL BE PROVIDED TO IMMEDIATELY
STOP ROW INTO THE IMPOUNDMENT TO COMPLY
WITH 264.221(b); OR, IF NO STRUCTURE IS
NEEDED TO COMPLY WITH 264.227(c)(l), A
DESCRIPTION OF THE MEANS BY WHICH WASTE
ADDITIONS WILL BE STOPPED.
23C. DETAILED DRAWINGS OF ANY DIKES WHICH
EXIST OR WILL BE CONSTRUCTED.
23D. BASIS OF DESIGN AND DESIGN ANALYSIS OF
ANY DIKES TO COMPLY WITH 264.221(d) AND
264.223(a), (p. 2868, FR, 1/12/81). THE
DESIGN ANALYSIS MUST SHOW THAT ANY DIKE
WILL MEET THE REQUIREMENTS OF
264.226(c)(l), (p. 2869, FR, 1/12/81).
23E. DETAILED DESIGN DRAWINGS AND SPECIFICATIONS
OF THE LINER(S) AND LEACHATE DETECTION,
COLLECTION AND REMOVAL SYSTEM AND THE
BASIS OF DESIGN AND DESIGN ANALYSIS TO
COMPLY WITH 264.221(c), 264.221(e), AND
264.223(c), (c), AND (d) (p. 2269, FR,
1/12/81).
23F. LINER INSTALLATION INSTRUCTIONS TO COMPLY
WITH THE REQUIREMENTS OF 264.226(a).
FOR EXISTING FACILITIES, WHEN THE OWNER
OR OPERATOR PROPOSES TO RELY ON EXISTING
LINERS, A DESCRIPTION OF THE
INSTALLATION PROCEDURE USED.
HE
INADEQUATE MISSING
JH HE
n
nr
-------
ACCEPTABLE
3G. DESIGN DETAILS OF THE LEACHATE REMOVAL FT
SYSTEM, THE BASIS OF DESIGN, AND A
DESCRIPTION OF THE OPERATING PROCEDURES
TO BE USED TO ENSURE FREE FLOW FROM
THE COLLECTION SYSTEM IN ACCORDANCE WITH
264.222(c).
3H. DESIGN PLANS, SPECIFICATIONS AND BASIS "| f
OF DESIGN OF ANY STRUCTURES NEEDED TO
COMPLY WITH 264.222(e)(p. 2869,
FR, 1/12/81).
31. DESCRIPTION OF THE MAINTENANCE AND REPAIR 1T
PROCEDURES PROPOSED TO COMPLY WITH
264.222(d) AND 264.15(c).
3J. DESCRIPTION OF OPERATING PROCEDURES THAT 1T
WILL ENSURE COMPLAINCE WITH 264.229 AND
264.230 (p. 2870, FR, 1/12/81).
3K. CERTIFICATION BY A QUALIFIED ENGINEER WHICH
COMPLIES WITH 264.226(c), (p. 2869,
FR, 1/12/81). THE OWNER OR OPERATOR OF A
NEW FACILITY MUST SUBMIT A STATEMENT BY A
QUALIFIED ENGINEER THAT HE WILL PROVIDE
SUCH A CERTIFICATION UPON COMPLETION OF
CONSTRUCTION IN ACCORDANCE WITH THE PLANS
AND SPECIFICATIONS.
3L. FOR NEW FACILITIES. PLANS AND SPECIFICATIONS T~T
MUST~BT IN SUFFIEICNT DETAIL TO PROVIDE
COMPLETE INFORMATION TO A CONTRACTOR HIRED
TO BUILD THE FACILITY EVEN IF THE OWNER
OR OPERATOR INTENDS TO CONSTRUCT THE FACILITY
WITHOUT HIRING A CONTRACTOR.
3M. FOR EXISTING FACILITIES." COMPARABLE DETAIL 1T
TO 23J MUST BE PROVIDED, BUT THE FORM OF
PRESENTATION NEED NOT ASSUME CONTRACTOR
CONSTRUCTION EXCEPT TO THE EXTENT THAT THE
FACILITY WILL BE MODIFIED.
INADEQUATE MISSING
nr HE
nr
n
n
n
n
-------
WASTE PILES - EVALUATE THE SUBMITTED INFORMATION FOR THE FOLLOWING CRITERIA
(122.25(b)(4). p. 2891, FR, 1/12/8TT
24A. DESCRIPTION OF PRACTICES TO CONTROL WIND
DISPERSAL OF HAZARDOUS WASTE SO THAT THE
DIRECTOR, WHERE NECESSARY, CAN SPECIFY
APPROPRIATE CONTROL MEASURES.
24B. DESCRIPTION OF MEASURES TO DIVERT RUN-ON
AWAY FROM THE PILE.
24C. DESCRIPTION OF THE LEACHATE AND RUN-OFF
COLLECTION AND CONTROL SYSTEM.
240. DESCRIPTION OF THE FOUNDATION SUPPORTING
THE BASE.
24E. DESIGN SPECIFICATIONS OF THE PILE BASE
AND LINER (OR LINERS) INCLUDING THE
ESTIMATED CONTAINMENT LIFE OF THE BASE
AND THE PERMEABILITY OF THE LINER(S).
24F. ESTIMTED LIFE OF THE HAZARDOUS WASTE
PILE.
24G. IF APPLICABLE UNDER 264.253(a)(3)
(p. 2871, FR* 1/12/81) A DESCRIPTION OF
THE LEACHATE DETECTION, COLLECTION AND
REMOVAL SYSTEM INCLUDING THE SYSTEM'S
RELATION TO THE WATER TABLE AND A
DESCRIPTION OF ANY EFFORTS TO CONTROL
WATER TABLED
24H. DETAILED ENGINEERING DESCRIPTION OF
THE FACILITY.
241. DETAILED DESCRIPTION OF THE FACILITY
OPERATING PROCEDURES WHICH DEMONSTRATE
COMPLIANCE WITH 264.252, 264.253,
264.256 AND 264.257, (p. 2871, FR,
1/12/81).
24J. DESCRIPTION OF EFFORTS TO PROTECT THE
CONTAINMENT SYSTEM FROM PLANT GROWTH
WHICH COULD PUNCTURE ANY COMPONENT OF
THE SYSTEM.
24K. DESCRIPTION OF DESIGN AND OPERATING
PROCEDURES TO PROPERLY MANAGE AND
DISPOSE OF ANY LEACHATE THAT IS A
HAZARDOUS WASTE. '
ACCEPTABLE INADEQUATE MISSING
n
I
I
n
n nr
nr
nr
nr
n
i
HE
HI
HE
JZE
-------
/fc
ACCEPTABLE INADEQUATE MISSING
!4L. DESCRIPTION AND LISTING OF ALL EQUIPMENT
AND PROCEDURES USED TO PLACE THE WASTE
IN OR ON THE PILE OR TO CLEAN AND EXPOSE
THE LINER SURFACE.
!4M. DESCRIPTION OF EFFORTS TO SEPARATE 1T 1T 1T
HAZARDOUS WASTE THAT IS INCOMPATIBLE WITH
ANY WASTE OR MATERIAL STORED NEARBY
INCLUDING THE DESIGN SPECIFICATIONS OF
ANY DIKE, BERM, WALL, OR OTHER DEVICE USED
TO SEPARATE THE MATERIALS.
.'5 - 30. RESERVED.
-------
INCINERATION"SECTION
31. IS THE INCINERATION UNIT EXCLUDED UNDER
264.340(a)(FR, 1/23/81, p. 7680).
32. IS APPLICANT SEEKING EXEMPTION UNDER
264.340(b)(IGNITIBILITY).
33. ARE REQUIREMENTS OF 122.25(b)(5)(i)(A)
MET? (FR, 1/23/81, p. 7681).
34. IS A TRIAL BURN PLAN INCLUDED?
(FR, 1/23/81, p. 7682).
YES
) to 71
Go
YES
CONTINUE
YES
Go to 72
YES
CONTINUE
NO
CONTINUE
NO
Go to 34
NO
Go to 70
NO
nr
Go to 46B
EVALUATE TRIAL BURN PLAN (122.27(b)(l))
ACCEPTABLE INADEQUATE
35A. ANALYSIS OF WASTE
35B. HEAT VALUE OF WASTE IN THE FORM AND
COMPOSITION IT WILL BE BURNED.
35C. WASTE VISCOSITY.
35D. DESCRIPTION OF PHYSICAL FORM OF WASTE.
35E. IDENTIFICATION OF WASTE COMPONENTS LISTED
IN 261, APPENDIX 8.
35F. AN IDENTIFICATION OF ANY HAZARDOUS
ORGANIC CONSTITUENTS LISTED IN PART 261,
APPENDIX VIII, WHICH ARE
PRESENT IN THE WASTE TO BE BURNED.
35G. AN APPROXIMATE QUANTIFICATION OF THE
HAZARDOUS CONSTITUENTS IDENTIFIED IN THE
WASTE, WITHIN THE PRECISION PRODUCED BY
THE ANALYTICAL METHODS SPECIFIED IN EPA
DOCUMENT SW-846.
I
n
in
HE
n
nr
MISSING
HE
HE
n
rz,
n
-------
35H. A QUANTIFICATION OF THOSE HAZARDOUS
CONSTITUENTS IN THE WASTE WHICH MAY BE
DESIGNATED AS POHC's BASED ON DATA
SUBMITTED FROM OTHER TRIAL OR OPERATIONAL
BURNS WHICH DEMONSTRATE COMPLIANCE WITH
THE PERFORMANCE STANDARD IN §264.343.
36A. MANUFACTURER'S NAME AND MODEL NUMBER OF
INCINERATOR (IF AVAILABLE).
36B. TYPE OF INCINERATOR.
36C. LINEAR DIMENSIONS OF THE INCINERATOR
UNIT, INCLUDING THE CROSS SECTIONAL AREA
OF COMBUSTION CHAMBER.
36D. DESCRIPTION OF THE AUXILIARY FUEL SYSTEM
(TYPE/FEED).
36E. CAPACITY OF PRIME MOVER.
36F. DESCRIPTION OF AUTOMATIC WASTE FEED
CUT-OFF SYSTEM(S).
36G. STACK GAS MONITORING AND POLLUTION
CONTROL EQUIPMENT.
36H. NOZZLE AND BURNER DESIGN.
361. CONSTRUCTION MATERIALS.
36J. LOCATION AND DESCRIPTION OF TEMPERATURE,
PRESSURE, AND FLOW INDICATING AND
CONTROL DEVICES.
36K. A DETAILED ENGINEERNG DESCRIPTION OF
THE INCINERATOR.
37. A DETAILED DESCRIPTION OF SAMPLING AND
MONITORING PROCEDURES, INCLUDING
SAMPLING AND MONITORING LOCATIONS IN
THE SYSTEM, THE EQUIPMENT TO BE USED,
SAMPLING AND MONITORING FREQUENCY, AND
PLANNED ANALYTICAL PROCEDURES FOR
SAMPLE ANALYSIS.
ACCEPTABLE INADEQUATE MISSING
in in HE
HE
HE
HE
HE
HE
HE
n
HE
HE
HE
HE
HE
HE
-------
ACCEPTABLE
38.
39.
' •''!
• •"'•%.'
"
40.
41.
42.
-7^?
.." T
43.
44.
45.
A DETAILED TEST SCHEDULE FOR EACH
WASTE FOR WHICH THE TRIAL BURN IS
PLANNED, INCLUDING DATE(S) DURATION,
QUANTITY OF WASTE TO BE BURNED, AND
OTHER FACTORS RELEVANT TO THE
DIRECTOR'S DECISION UNDER PARAGRAPH
INADEQUATE MISSIf
n
A DETAILED TEST PROTOCOL, INCLUDING FOR
EACH WASTE IDENTIFIED, THE RANGES OF
TEMPERATURE, WASTE FEED RATE, AIR FEED
RATE, USE OF AUXILIARY FUEL, AND ANY
OTHER RELEVANT PARAMETERS THAT WILL
BE VARIED TO AFFECT THE DESTRUCTION
AND REMOVAL EFFICIENCY OF THE INCINERATOR.
A DESCRIPTION OF, AND PLANNED OPERATING
CONDITIONS FOR, ANY EMISSION CONTROL
EQUIPMENT WHICH WILL BE USED.
PROCEDURES FOR RAPIDLY STOPPING WASTE
FEED, SHUTTING DOWN THE INCINERATOR,
AND CONTROLLING EMISSIONS IN THE EVENT
OF AN EQUIPMENT MALFUNCTION.
SUCH OTHER INFORMATION 'AS THE DIRECTOR
REASONABLY FINDS NECESSARY TO DETERMINE
WHETHER TO APPROVE THE TRIAL BURN PLAN
IN LIGHT OF THE PURPOSES OF THIS
PARAGRAPH AND THE CRITERIA IN
PARAGRAPH (b)(4).
COULD THE 264.343 PERFORMANCE STANDARD
•DETERMINATION BE MADE BY A TRIAL BURN?
(FR, 1 /23/81, p. 7679).
COULD THE TRIAL BURN PRESNT A HAZARD TO
HUMAN HEALTH OR THE ENVIRONMENT?
COULD THE TRIAL BURN HELP THE DIRECTOR
DETERMINE THE 264.345 OPERATING
REQUIREMENTS? (FR, 1/23/81, pp. 7679 -
7680).
n
n
YES
in
NO
nr
-------
46A. HAS THE DIRECTOR APPROVED THE TRIAL BURN
PLAN?
ENTER DIRECTOR'S NAME
(122.27(b)(4), FR, 1/23/81, p. 7682).
468. ARE RESULTS OF TRIAL BURN INCLUDED?
(122.5(b)(5)(ii), FR, 1/12/81, p. 7681).
YES
NO
CONTINUE
GOTO 49B
TRIAL BURN RESULTS (122.27(b)(5), FR, 1/23/81, p. 7682)
ACCEPTABLE INADEQUATE
EFFICIENCY (DRE), IN ACCORDANCE WITH
THE DRE FORMULA SPECIFIED IN §264.343(a).
7F. IF THE WASTE FEED CONTAINS MORE THAN
0.5 PERCENT CHLORING, A COMPUTATION OF
CHLORINE REMOVAL EFFICIENCY, IN
ACCORDANCE WITH §264.343(b).
7G. A COMPUTATION OF PARTICULATE EMISSIONS
IN ACCORDANCE WITH §264.343(c).
7H. AN IDENTIFICATION OF SOURCES OF
FUGITIVE EMISSIONS AND THEIR MEANS OF
CONTROL.
71. A MEASUREMENT OF AVERAGE, MAXIMUM,
AND MINIMUM TEMPERATURES, AND AIR FEED
RATES.
HE
HE
MISSING
47A.
47B.
7C.
7D.
7E.
QUANTITATIVE ANALYSIS OF THE TRIAL POHC'S
IN THE WASTE FEED TO THE INCINERATOR.
A QUANTITATIVE ANALYSIS OF THE EXHAUST
GAS FOR THE CONCENTRATION AND MASS
EMISSIONS OF THE TRIAL POHC'S, C0£, 02
AND HAZADOUS COMBUSTION BY-PRODUCTS.
A QUANTITATIVE ANALYSIS OF THE SCRUBBER
WATER (IF ANY), ASH RESIDUES, AND OTHER
RESIDUES, FOR THE TRIAL POHC'S.
A TOTAL MASS BALANCE OF THE TRIAL POHC'S
IN THE WASTE.
A COMPUTATION OF DESTRUCTION AND REMOVAL
~: :
~: :
~: :
u
nr
.
HE
HE
HE
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1
HE
HE
-------
•- :n
,.*"*>
--M
47J. A CONTINOUS MEASUREMENT OF CO IN THE
EXHAUST GAS.
47K. A CERTIFICATION THAT THE TRIAL BURN HAS
BEEN CARRIED OUT IN ACCORDANCE WITH THE
APPROVED TRIAL BURN PLAN, AND THE
RESULTS OF ALL THE DETERMINATIONS
REQUIRED IN b(5)(1).
47L. ALL TRIAL BURN DATA.
47M. SUCH OTHER INFORMATION AS THE DIRECTOR
MAY SPECIFY AS NECESARY TO ENSURE THAT
THE TRIAL BURN WILL DETERMINE
COMPLIANCE WITH THE PERFORMANCE
STANDARD IN §264.343 AND TO ESTABLISH
THE OPERATING CONDITIONS REQUIRED BY
§264.345 AS NECESSARY TO MET THAT
PERFORMANCE STANDARD.
48. DO THE SIGNATURES ON THE TRIAL BURN
INFORMATION MEET THE REQUIREMENTS OF
122.6? (FR, 5/19/80, p. 33425).
49A. HAVE ALL OF THE DETERMINATIONS REQUIRED
BY 122.25(b)(5) SATISFIED THE GIVEN
CONDITIONS? (FR, 1/23/81, p. 7683).
498. IS INFORMATION SUBMITTED IN LIEU OF
TRIAL BURN? (L22.5(b)(5)(iii),
FR, 1/23/81, p. 7681).
ACCEPTABLE INADEQUATE MIS5I
H
HE
n
ri
n
n
YES
HE
NO
I TO 72
GO
GO TO/2
GO TO 73
EVALUATE INFORMATION IN LIEU OF TRIAL BURN (FR, 1/23/81, p. 7681)
ACCEPTABLE INADEQUATE MISSI
nr rz
50A. AN ANALYSIS OF EACH WASTE OR MIXTURE OF
WASTES TO BE BURNED.
50B. HEAT VALUE OF THE WASTE IN THE FORM AND
COMPOSITION IN WHICH IT WILL BE BURNED.
50C. VISCOSITY (IF APPLICABLE), OR DESCRIPTION
OF PHYSICAL FORM OF THE WASTE.
n
n
n
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^^
500. AN IDENTIFICATION OF ANY HAZARDOUS
ORGANIC CONSTITUENTS LISTED IN PART 261,
APPENDIX VIII, OF THIS CHAPTER WHICH
ARE PRESENT IN THE WASTE TO BE BURNED.
50E. IN APPROXIMATE QUANTIFICATION OF THE
HAZARDOUS CONSTITUENTS IDENTIFIED IN
THE WASTE, WITHIN THE PRECISION
PRODUCED BY THE ANALYTICAL METHODS
SPECIFIED IN EPA DOCUMENT SW-846.
50F. A QUANTIFICATION OF THOSE HAZARDOUS
CONSTITUENTS IN THE WASTE WHICH MAY BE
DESIGNTED AS POHC'S BASED ON DATA
SUBMITTED FROM OTHER TRIAL OR
OPERATIONAL BURNS WHICH DEMONSTRATE
COMPLIANCE WITH THE PERFORMANCE
STANDARD IN §264.343.
57A. A DETAILED ENGINEERING DESCRIPTION OF
THE INCINERATOR.
51B. MANUFACTURER'S NAME AND MODEL NUMBER
OF INCINERATOR.
51C. TYPE OF INCINERATOR.
51D. LINEAR DIMENSION OF INCINERATOR UNIT
INCLUDING CROSS SECTIONAL AREA OF
COMBUSTION CHAMBER.
51E. DESCRIPTION OF AUXILIARY FUEL SYSTEM
(TYPE/FEED).
51F. CAPACITY OF PRIME MOVER.
51G. DESCRIPTION OF AUTOMATIC WASTE FEED
CUTOFF SYSTEM(S).
51H. STACK GAS MONITORING AND POLLUTION
CONTROL MONITORING SYSTEM.
511. NOZZLE AND BURNER DESIGN.
51J. CONSTRUCTION MATERIALS.
51K. LOCATION AND DESCRIPTION OF
TEMPERATURE, PRESSURE, AND FLOW
INDICATING DEVICES AND CONTROL
DEVICE.
ACCEPTABLE INADEQUATE MISSING
HE HE HE
n
HE
HE
HE
n
nr
HE
HI
H
H
HI
CE
HE •
HE
H3
-------
ACCEPTABLE
51L. A DESCRIPTION AND ANALYSIS OF THE WASTE TO
BE BURNED COMPARED WITH THE WASTE FOR WHICH
DATA FROM OPERATIONAL OR TRIAL BURNS ARE
PROVIDED TO SUPPORT THE CONTENTION THAT A
TRIAL BURN IS NOT NEEDED. THE DATE SHOULD
INCLUDE THOSE ITEMS LISTED IN §122.25(b)(5)
(111)(A). THIS ANALYSIS SHOULD SPECIFY THE
POHC'S WHICH THE APPLICANT HAS IDENTIFIED
IN THE WASTE FOR WHICH A PERMIT IS SOUGHT,
AND ANY DIFFERENCES FROM THE POHC'S IN THE
WASTE FOR WHICH BURN DATA ARE PROVIDED.
(FR, 1/23/81, p. 7681.)
51M. THE DESIGN AND OPERATING CONDITIONS OF THE
INCINERATOR UNIT TO BE USED, COMPARED WITH
THAT FOR WHICH COMPARATIVE BURN DATA ARE
AVAILABLE.
52A. DESCRIPTION OF RESULTS SUBMITTED FROM ANY
TRIAL BURN (§122.25(b)(5)(iii)(E),
(FR, 1/23/81, p. 7681).
52B. SAMPLING AND ANALYSIS TECHNIQUES USED TO
CALCULATE PERFORMANCE STANDARDS IN
§264.343. (FR, 1/23/81, p. 7679.)
52C. METHODS AND RESULTS OF MONITORING
TEMPERATURES, WASTE FEED RATES, AIR FEED
RATES, AND CARBON MONOXIDE.
52D. IDENTIFICATION OF ANY HAZARDOUS COMBUSTION
BY-PRODUCTS DETECTED.
52E. THE CERTIFICATION AND RESULTS REQUIRED BY
§122.27(b)(5)(ii), (FR, 1/23/81, p. 7683).
53A. THE EXPECTED INCINERATOR OPERATION
INFORMATION TO DEMONSTRATE COMPLIANCE WITH
§§264.343 and 264.345.
53B. EXPECTED CARBON MONOXIDE (CO) LEVEL IN THE
STACK EXHAUST GAS.
53C. WASTE FEED RATE.
53D. COMBUSTION"ZONE TEMPERATURE.
53E. AIR FEED RATE.
53F. EXPECTED STACK GAS VOLUME, FLOW RATE, AND
TEMPERATURE.
INADEQUATE MISSING
n
n
nc
HE
HE
HE
HE
HE
HE
HE
HE
HI
HI
HE
HE
-------
ACCEPTABLE INADEQUATE HISSING
3G. COMPUTED RESIDENCE TIME FOR WASTE IN THE
COMBUSTION ZONE.
3H. EXPECTED HYDROCHLORIC ACID REMOVAL
EFFICIENCY.
31. EXPECTED FUGITIVE EMISSIONS AND THEIR
CONTROL PROCEDURES.
3J. PRPQSED WASTE FEED CUT-OFF LIMITS BASED
ON THE IDENTIFIED SIGNIFICANT OPERATING
PARAMETERS.
54. SUCH SUPPLEMENTAL INFORMATION AS THE
DIRECTOR FINDS NECESSARY.
55. WASTE ANALYSIS DATA SUFFICIENT TO ALLOW
THE DIRECTOR TO SPECIFY AS PERMIT'
PRINCIPAL ORGANIC HAZARDOUS CONSTITUENTS
(PERMIT POHCS) THOSE CONSTITUENTS FOR
WHICH DESTRUCTION AND REMOVAL
EFFICIENCIES WILL BE REQUIRED.
56. COULD THE DIRECTOR APPROVE A PERMIT
APPLICATION WITHOUT A TRIAL BURN BECAUSE
THE WASTES ARE SUFFICIENTLY SIMILAR; AND
THE INCINERATOR UNITS ARE SUFFICIENTLY
SIMILAR, AND THE DATA FROM OTHER TRIAL
BURNS ARE ADEQUATE TO SPECIFY (UNDER
§264.345) OPERATING CONDITIONS THAT WILL
ENSURE THAT THE PERFORMANCE STANDARDS
IN §264.343 WILL BE MET BY THE INCINERATOR.
(FR, 1/23/81, p. 7681, p. 7679.)
HE
nr
YES
nr r
nr nr
nr
nr
nr nr
NO
PERFORMANCE STANDARDS - 264.343 (FR, 1/23/81, p. 7679, p. 7689 - 7690)
ACCEPTABLE INADEQUATE MISSING
4A. EMISSIONS OF POHCS, HAZARDOUS COMBUSTION
BY-PRODUCTS, METALS, AND HYDROGEN HALIDES,
INCLUDING:
7B. MASS EMISSION RATES FROM THE STACK.
i7C. CONCENTRATION IN THE GAS STREAM EXITING
THE STACK;
nr
rn
m
nr
n
17D. AIR DISPERSION ESTIMATES FOR THESE
SUBSTANCES, INCLUDING:
-------
ACCEPTABLE INADEQUATE MISSING
57E. METEOROLOGICAL DATA,
57F. DESCRIPTION OF THE AIR DISPERSION MODELS,
57G. ASSUMPTIONS UNDERLYING THE AIR DISPERSION
MODELS USED;
57H. EXPECTED HUMAN AND ENVIRONMENTAL EXPOSURE.
571. TOPOGRAPHIC CONSIDERATIONS,
57J. POPULATION DISTRIBUTIONS,
57K. POPULATION ACTIVITIES,
57L. MODES, INTENSITY AND DURATION OF EXPOSURE;
57M. CONSEQUENCES OF EXPOSURE,
57N. DOSE-RESPONSE CURVES FOR CARCINOGENS,
570. HEALTH EFFECTS BASED ON HUMAN OR ANIMAL
STUDIES FOR OTHER TOXIC CONSTITUENTS,
57P. POTENTIAL FOR ACCUMULATION OF-TOXIC
CONSTITUENTS IN THE HUMAN BODY, AND
57Q. STATEMENTS OF EXPECTED RISK TO
INDIVIDUALS OR POPULATIONS.
58. DID THE PRECEEDING EVALUATION (47A - Q)
INDICATE THE PERFORMANCE STANDARDS OF
§264.343 ARE MET? (§122.5(b)(5)(iv),
FR, 1/23/81, p. 7681.)
59-68. RESERVED
69. PERMIT GRANTED.
70. PERMIT-DENIED (IF APPLICABLE GO TO 72).
71. PERMIT NOT REQUIRED.
72. CONDITIONS FOR PERMIT APPROVAL, SEE
ATTACHMENT
.
1
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7
,J
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YES NO
0 TO 69 GO i07C
73. EXIT.
-------
. 1 i n~ j.' . » .... i IJ
Inspection"Forms
Contents Pages
. General. Facility Requirements 1-8.
— :: Storage'"- -• -- 9-12.
Incinerator. :'-:' --- ....12r20.
Appendix if
-------
STATE IDENTIFICATION NUMBER
EPA IDENTIFICATION NUMBE
(If Applicable)
RCRA INSPECTION REPORT - PART B PERMIT STANDARDS
TREATMENT, STORAGE, AND DISPOSAL FACILITIES
(A) Facility Name:'
(B) Street:
(C) City: -
(F) Phone:
(H) Operator:
(I) Street:
(J) City: __
(M) Phone:
Owner:
(P) Street:
(Q) City: .
(T) Phone:
Form A - General Facility Standards
I. General Information:
(V) Date of Inspection:
(D) State:
(G) County:
(K) State:
(N) County:
(R) State:
(U) County:
(E) Zip Code:
(L) Zip Code
(S) Zip Code:
(W) Time of Inspection (From)_
(To)
(X) Weather Conditions:
-------
INSPECTION FORM-PHASE TWO, PART B
structions: Complete the following as needed. Review Part A application
d prior inspections, then list parameters to be given priority
Parameter Remarks
st items that were missing or inadequate on Part B checklist, Inspect
ecklist. Inspect and comment below. . ••.-••
Item
Comment
3
-------
Person(s) Interviewed Title Telephone
-./TO-"*'" ' -:-.-' •=-:-"
(Z) Inspection Participants Agency/Title Telephone
Preparer Information
Name Agency/Title Telephone
,_. II. '• SITE ACTIVITY; ; ."•'.
Complete sectfons I-through VIII for all TSD facilities, and other- ••'-' "'""• -~::.f
Sections as they apply. ' -.--••- •'• .*- '•'-?:'-
•*• - • t
Storage - Section IX ' ~
Incineration - Section X
-------
III. GENERAL FACILITY STANDARDS:"
(Part 264 Subpart B)
Yes No MI-* 'Remark
; the RegionaT'Adnri'nistrator
»n. notifi_ed_regarding: __
Rece1pt__qf ^hazardous ___
waste from a~"for~e~ign source?
.expansion?.
leral Waste Analysis:
Has the owner or operator obtained
a detailed chemical and physical
analysis of the waste?
" Do'es" the 6wner~~oV operator have
a detailed waste analysis plan
"on fiTe~'a't"th¥~fa~cility? "
" DoelTthe waste ariaTysTs" pi an
specify procedures_for inspection
'"and "analyses'Vf "each" movement of
hazardous waste from off-site?
rurity - Do security measures include:
(if applicable)
''24-Hour "surVei'Tlarice? "~
Artificial or natural
barrier around facility?
Controlled entry?
Danger sign(s) at
entrance?
Owner or Operator Inspections
:ludeV~
Records of malfunctions?
Records of operator error?
Records of discharges?
ipected
-------
III. GENERAL"FACILITY^STANDARDS A Continued
w_ . *:. -- - _ .--'S',
Yes No m* -Remarks
4. Inspection schedule?
5. Safety, emergency equipment?
6. Security devices?
~7~.Operating and structural
devices?
8. Inspection log?
Do personnel training records
include: (Effective 5/19/81)
1. Job titles?
2. Job descriptions?
3. Description of training?
4. Records of training?
. 5._ Have facility, personnel, received
required training by 5-19-81?
6. Do new personnel receive
required training within
six months?
•") If required are the following special
requi r_ements__f qr_ignitabl e,_ reactiye', pr_
incompatible"wastes addressed?
1. Special handling?
_2. _No_smoking si.gns_?
3. Separation and protection
from ignition sources?
*Not Inspected
-------
IV. 'PREPAREDNESS AND PREVENTION;-
(Part 264 Subpart C)~
ntenance and Operation
Facility:
Is there any evidence of fire,
explosion, or release of
hazardous waste or hazardous
waste constituent?.!:• t~, "I
required, does the facility
re the following equipment:
Internal communications or
alarm systems?
Telephone or 2-way radios
at the scene of operations?
Portable fire extinguishers,
fire control, spill control
equipment and decontamination
equipment?
Remarks"
iicate the volume of water and/or foam available for fire control:
; t i ng~a nd Ma i nt ena nee" "of
urgency Equipment:
Has the owner or operator
established testing and
maintenance procedures
for emergency equipment?
Is emergency equipment
maintained in operable
conditions?
s owner or operator provided
nediate access to internal
arms? (if needed)
spected
-------
-5-.
Is there adequate aisle space
for unobstructed movement?
V. CONTINGENCY PLAN AND EMERGENCY PROCEDURES
(Part 264 Subpart D)
NI*
.) Does the Contingency Plan contain the
_foJ_l pwi ng j'.nf onnatijont ^es _No
1. The actions facility personnel
must take to comply with
§264.51 and 264.56 in response
to.jfijres,_explo_sijons, or any
" unpVahned release of hazardous
waste? (If the owner has a Spill
Prevention, Control., _and Counter-
"" measures (SPCC) Plain,"he needs
only to amend that plan to
incorporate hazardous waste
management provisions that are ;
sufficient to comply with the
Remarks-.
3.
4.
, t " *'-••.*»»'" C
— ' j *
F ->i-f *T- o'» f *•- *«r
c i . ..«.- ....
applicable.)
Arrangements agreed by local
.pol.ice_dep.artinents.,_ _fire_ departanents
hospitals, contractors, "and State
and. local emergency_resppnse teams
to coordinate emergency services
pursuant to §264.37?
Names, addresses, and phone
numbers (office and home) of all
persons qualified to act as
emergency coordinators?
A. list. of. all _eme.rgency equipment
at the facility which includes the"
location and physical description
of each item on the list and a
i.ne_o_f__i t_s._capabi IjftJ es?_
5.
An evacuation plan for facility
personnel where there is a possibility
that evacuation could be necessary?
(Thi.s j0.anjnust_.describe signal (s). _ __
to" be used to begin evacuation,
evacuation routes, and alternate
evacuation routes?) _
of Inspected
• 8
-------
V. CONTINGENCY PLAN'"AND'EMERGENCY ^PROCEDURES.-' Conti nued
> copies of the Contingency Plan
ail able at site and local emergency
ganizations?
urgency Coordinator
Is the facility Emergency
Coordinator identified?
Yes No NI*
Remarks
Is coordinator familiar with
all aspects of site operation
and emergency procedures?
Does the..Emergency Coordi nator
have the authority to carry out
the Contingency Plan?
ergency Procedures
an emergency situation has occurred
this facility, has the Emergency
ordinator followed the emergency •.
ocedures. .11 sted_i.n. 264.56? __
VI. MANIFEST SYSTEM, RECORDKEEPING."AND REPORTING
(Part 264 Subpart E) -•' " ~T~
e of Manifest System
.. Does..the facility follow the ..
procedures listed in §264.71 for
processing each manifest?
Are records of.p_ast_sh_ipments _
retained for 3 years?
Yes No NI* Remarks
es the owner or operator meet
quirements regarding manifest
screpancies?
spected
-------
SL. •:--.--. VI. -RECORDKEEPING -- "Continued jg Y-;:?t-::iT;::.-j
:) Operating Record" "•
' . w*'~5"5." *I". -'" .••;-.'
1. Does the owner or operator
maintain an operating . src; ,..-..-- • [*,--.- .-,.-- -
record as required in . . -.;,.,-fr-ii-ss~ Tsoo'"}~l 'XT"** *6 'V
264.73? . - * " -,. -,.....
2. Does the operating record
contain the following
information:
_ _^*b. The method(s) and_date(s)_ _ __
of each waste's" treatment,
storage, or disposal as
required in Appendix I?
c. _The_Jocatipn_and_ quantity
of"each hazardous" waste
within the facility?
***d. A map or diagram of_each
cell or disposal"area •
showing the location and
quantity of each hazardous
waste? (This information
should be cross-referenced •-.;.
to specific manifest
number, if waste was
-- accompanied by a manifest*} _
e. Records and results of all
waste analyses,'trial"tests,'•"'"•''' ' '^_.
monitoring data, and" operator.":" r T"^Z"
inspections? .
f. Reports detailing all
incidents that required
implementation of the
Contingency Plan?
g. Al 1 clpsure_and post closure
"costs"as applicable?
(Effective 5-19-81)
' : . . -_ , .1 - _
! -,,. 'J,.J 2.
See page 33252 of the May 19, T980, Federal Register.
.'. _ _• • ~ '
Only applies to disposal facilities
ot Inspected
• 10
-------
VII. CLOSURE AND POST CLOSURE
(Part 264 Subpart G).
'."•.• Yes" No •- NI*- Remarks
osure and Post Closure . • ."" ~ .
Is the. facility closure'rtt-rn:
plan available for inspection .
by May 19,-1981?
Has this plan been submitted to
the Regional Administrator
Has closure begun?
_Is closure estimate availab!e_
' by May 19, 1*981?
st cTosure care~Thd~use~of property
•
s" the owner or operator supplied"
post closure monitoring plan?
ffective by May 19, 1981)_
VIII. FINANCIAL STANDARDS : - -•
(Part 264, Subparts H)(FR 1/23/81-p. 2851) :
Yes No -. NI* Remarks
Is a written estimate of the
closing costs kept at the
facility 264.142 a
(for disposal facilities only)
264.144
Is a written estimate of annual
cost of post-closure monitoring
a maintenance at facility?
n :..
-------
*«» A j* ""—) - r* -<»»r T"||i^."* »*\ ™ Y''
K.n J.; i <,-.> • v. -.if j.v-L.*.. j? .. F«
STORAGE IN CONTAINERS
Facility Name
Inspection Date
~YES
NO NOT INSPECTED
REMARK
T.~~Are containers in"good"condition?" ^
2. Are containers compatible with
waste in them?
" 3~. Are" cental ners stsored" cl osed?
4. Are containers managed so that
leaks are prevented?
_5.. Arejcontainers inspected. weekly..
for leads and defects?
6. Are ignitable and reactive wa.stesV_
stored at least 15 meters-(50 feetf
from the facility property line?
7. Is storage area containment system :~
capable of collecting and holding
spills, leaks, and precipitation?
'"1° ' i^CU"' ~ 'J " S'i * -^*' "**^- rT*-'«t*''5 f'!''*' r "••"
12 ::
-------
•;-':?.-"'; '-.r : TYes No'i HI*, ---Remarks^. -:mc
Are incompatible wastes stored in ~.. '.:" : •'
separate containers? (If not, the
provisions of 40 CFR 264.17(b)
apply.)
Are containers of incompatible
waste separated1or protected from
each other by physical barriers.
or sufficient distance?----- ' -"- ' ~" ":'. '.- ^ • -.• •; -L
J
TANKS
Name: "' Date of Inspection:
Are tanks used to store bnlythose _
wastes which will not cause corrosion,
leakage or premature failure of the
tank?
Do .uncovered._tanks have_at l.e_ast
60 cm (2 feet) of freeboard, or
dikes or other containement
structures?
Do continuous feed systems have •'•' '"""
a waste-feed cutoff? '• ': "' '"
Are waste analyses done before the
tanks are used to store a substan-
tially different waste than before? : _. -'
Are required daily and weekly
inspections done? ._ : ' ~
Are reactive & ignitable wastes
in tanks protected or rendered non-
reactive or non-ignitable?
Indicate if waste is ignitable or
reactive. (If waste is rendered
non-reactive or non-ignitable, see
treatment requirements.) - -
_Are_.incompatible waste _
"stored in separate tanks?
(If not, the provisions of • . i . •
40 CFR 264.17(b) apply.) '.'! '-; "
Do tanks have_air emission . .. ,-rc?5 v-.".'.--;2
controls that satisfy 264.200?
spected • -.
13
-------
Yes No NI* Remarks
8. Has the owner or operator observed-the:National Fire Protection
Associations buffer zone requirements for tanks contafning ignitable
or reactive wastes? , -.;- '.•'.•.-2,1 «•"*:*<•• '•..:••• or.f .-.'
: -T , : v: T!] rr.T-' •• -' .;D r •-.< ..•-.
Tank capacity: gallons .[ :S"f.""." "":• r. 7--, .-:- '-'•
Tank diameter: feet
Distance of tank from property line -_•' • :'•>-."••--• feet .':•:- y ::'..
_(See_tabl_ei 2 -_J..through 2 -__6 ofJjfPA'j "Flammable and"Combustible Liquids
~ Code" - T977" "to determi ne "compl iance.)
K
SURFACE IMPOUNDMENTS
cility Name: Date'of Inspection:-.
1. Do surface impoundments have
at least 60 cm (2 feet) of
freeboard? ;•_-. - *^°T ~f
1.3 ,".'•'
2. Do earthen dikes have protective ::^
co_vers?
3. Are waste analyses done when the •:/? -
impoundment j_s used_to_store a_-. _
s'ubstaritia'lly "different waste"
than before? - '----. '; -
4^ _Is the freeboard lej^el__inspected \----: ' --rr'r ;--:•• -~:~ '—.:• 'rr'
at"!east"daily? " " "' "
5. Are the dikes_inspected weekly_ " ?-••
for evid'erice of"leaks"oV
deterioration? - ''r -'•
6. Are reacti ve & i gnitabl e wastes ......
rendered non-reactive or non- •• . - '<••*••'• '.-• •••'••
ignitable before storage in a - -: : .-
surface impoundment? (If . -•••-.: • :
wast e_is .rendered _npn- react ive_ _ [.:.: '•••£• •"••
or non-ignitable, see treatment
requirements.) -•*••••• ; • ••'-•
^2 •>£" — — ?••*• ••T.t i.
7. Are incompatible wastes stored ~ •--• ^:vv:--, _': ,:
in different impoundments? (If_ ,.••'"• s .-'!i~'.--"c'
not, the'provisions of 40 CFR •
264.17(b) apply.) . " -^>— •-- • ---= -
14
-------
L - -_
WASTE PILES
ity Name: Date of Inspection:
Yes No NI* Remarks
1. Are waste piles covered or protected
from .dispersal by wind?
2. Is .each . i n-comi ng .movement _qf .. _
waste analyzed before being added
to the waste pile?
3. Are Ieachate7 run^offfTnd run-on~
controlled as per the requirements
of 264.258?_ (The effective date
of "this" provision "is Nov. 19, 1981.)"
4. Are reactive & ignitable wastes
rendered non-reactive or non-
igrii table" before storageTn a
pile?,..Ind_icate_if_jwaste is
" f gni table "or rea~ct"i ve."(If"~
was.te is _rendered .non-reactive
or non-ignitable, see
treatment requirements.)
5. Are piles of reactive or
.ignitablejyaste .protected
from materials or conditions
that might.cause_them toi_ignite_
or react?
6. Are incompatible wastes stored in
different piles? (If not, the
provisions of 40 CFR 264.17(b)
apply.) . . .. . ...
7. Are piles of imcompatible waste
protected by barriers or distance
from other waste?
8. Is contafhment system~mai ntai ried
and operated to prevent_discharge
into the land surface water or
ground Jrfater?
Inspected
15
-------
••*"* I 7 •
INSPECTION FORM - PART B INCINERATOR
INSTRUCTIONS - '•~:.';:* . - -" -
1) GENERAL INFORMATION' " INSPECTION DATE
_. ENTER .Tjffi FOLLOWJJffiJIlFORMATIOM: ' :r:o'" .
A) Facility Name m- •••
"B") FaciTity USEPA I'D Number"" : '
- -:•- ' ,•"'- -I';: -••:;•:.: :/• • .C
C) Location
7) Street
i i) City • — ••'•'' •' -'<•":!". *?:; fgyTTr8-***'-f
-------
2) Incinerator Design information
Draw Process Flow Chart, instrumentation diagram, and equipment in
Part 2-E. Much of this information may be completed prior to
inspection from Part B application. 2-E i-iii requires data of
facility as it exists while 2-E iv requires discrepancies to be
noted.
A) Location of flow, temperature, & pressure measuring devices
and their respective readout panne!s and controls.
B) cross section area of combustion chamber
C) piping (see appendix 1 of this form for symbols & example)
D) Linear dimensions of major components.
E) Graphics ( If space below is insufficient, the reviewer may include
the information on attachments.)
'1) PROCESS FLOW CHART
17
-------
11) INSTRUMENTATION DIAGRAM
'"f "**"* ' *"
.'> .—""—•^ — •» r J— i '•—••" :
iii) INCINERATOR SCHEMATIC (Include associated equipment such
as pumps and piping}
18
-------
iv) DRAW DISCREPANCIES FROM SUBMITTED DATA (PART-B)
• • I".--
19
-------
3) INCINERATOR OPERATING DATA 'RECORD '_C :T":":i': .
THE FOLLOWING DURING INSPECTION.
A) Incinerator Unit
i) Dimensions of combustion chamber
ii) Cross section area of combustion chamber_
iii) Nozzel and burner design capacity
iv) Identify the waste being burned. Use waste type (description)
listed in Part 5-A.
20
-------
i v) Record .the .f oil owi ng .from. i. nst rument jread \ngs._
a) waste feed rate
b) fuel feed rate
c) air feed rate- "
dl. combustion zone
temperature
Time
Reading
Units
Time
Reading
£1."
..: ..
Units
B) Air Pollution Control Unit
i) Scrubber data-
_l"a) Liquid Type & PH_
b) Flow Rate_to scrubber
._'c) Temperature to "scrubber • •• ->'•>'?
..d) Flow rate_out of scrubber^
e) Temperature out scrubber
•
ii) Stack Data ~' -
a) stack gas volume flow rate_
b) stack gas temperature
c) Parti culates
d) List manufacturers of the instruments that monitor the following:
i) CO
_~ ii) Particulates
~~ iii) HC ~
OPERATING REQUIREMENTS
A) Describe start up and shut down procedures. "Wffen is hazardous
waste added?
21
-------
B) How does operator determine when incinerator is "operating at
steady state? .;-•-•!'• - '-•:,-• • -•• --^ ->• • -f-~ <-._• -. - (.
C) Ts ha~£a~rdous~ waYte"adde~d"when incinerator is not operating at.
steady state?
_D) . Does_operato_r_cgntinously monitor the following parameters?.-." •['•
. .1). COJevel_in_slack_exhaust? YES Q . • • -; NO; Q
11) Waste feed rate? -. YES O -" N0! IHI
— i-1t)-Air_feed rate to combustion chamber? -:: YES Q- -..- ^.NO'Q
iv) .Combust i on jtemperature? :' ~r: "YES Q-: N0 IHI
E) Is the incinerator equipped with a functiom'-ng system thatrcojuld
automatically cut off the waste feed? YES Q -L: NO -QU:
F)""is"the complete incinerator"unit (including associated equipment
inspected daily for lea'ks, spills, and figitive emissions?
YES \—\:..•••-. NO r~l
G) Are all emergency shut down controls and system alarms inspected
daily~To~assure"proper"operation? YES"l~j" NO I I
H) Does operator inspect staciTplume hourly?" YES |~~| NO I I
I) What does operator do if physical appearance of stack plume
suddenly changes?
22
-------
__ _____ _____ ..... ________ ______ .__ _______
J) Descrf-be "method" and" 'equipment used" to"controT~fugitive emissions"
_
from cb'mb'us'i on"zonV?"
)_. WastejAnaJysis_fJjin__and_Data
Is_ cppy_pf_anajysis. of .waste bei ng_burned at_ faci1jty?__ _YES
EnteriValues for the following from the waste analysis plan
NO
A) Waste Type
• (Description)
B) Moisture i
C) Viscosity
:: D) Heat: Value-. -• -• t:-
EJ Ash
F) Total Halogens
r * ^r^mt^^f ^m-~ v w^v — * -*- • '-» ** ^^«» «• *»' •—
G) Chlorine
.. HI. Sulfur.
I ) POHC
• ''. ..* .
1
2
3
4
5
6
7
8
9
10
i
i
"f •"'." •'-•'•
\
" » f •*•-
-
—
r
— . . . .
—
-
** ; •
.....
— .. _
.
• r
--
.
23
-------
Waste" Type
(Description)
J) Metals' ~r «"j*r-
1
2
3
4
5
- .g .-• -. .....
7
8
* i
!
9
; \
10: '
•JT '.r;'f»3
..-.r-... - ..
•»•'=.:•« :r v
•
I'".:."
•
. ..i -. ---
.• ; - -,_•- .
•
.
* i' ' • '' ' '•'••
'
.t, " - ,.,
- ... - . , •-
•--•:. .
:
" — ™" ^* '
•• ^ , • -
. • -
* •"' ™ ^ *• ; i
• — , i . ,, - *• '
,-v;v
-
,. ..... /
T
* 5-"
/ '
6) Describe analysis method and equipment used to detect manifiest discrepancies
7) _Describe_ method used to determine stack_particujates.
-------
APPENDIX jpl^t
RCRA PERMITS PROGRAM
GUIDANCE MANUALS AND TECHNICAL DOCUMENTS
I. DRAFTS AVAILABLE
(Status as of 4-16-81}
PROJECT OFFICER
OR CONTACT SUBJECT AND MILESTONE DATES
S. . Morefcas
(8) 382-2214
RCRA State Interim Authorization Guidance Manual
Draft delivered: May'80 Final delivered: June
K. Walker
(8) 755-9200
Guidance Manual on Hazardous Waste Compatability
Draft delivered: Nov. 'SO Final due: March C8I
Final delivered: March '81.
3. C. parley Regulation Information for Generators and
(8) 755-9145 Transporters of Hazardous Wastes Draft
delivered: Nov. '80 Final due: May '81
4. M. Turgeon
(8) 755-9190
RCRA Personnel Training Guidance Manual: For
Owners Operators of Hazardous l>7aste Management
Facilities/Draft delivered: Sept. 1930
5. D« Friedman
(8) 755-9187
e
Test Methods for Evaluating Solid Waste: Physic;
Chemical Methods (SW-846) Final delivered:
May '80.
6. . L. Otte
(8) 755-9125
Manual for Evaluating Cover Systems for Solid
and Hazardous Waste (SVJ-367) Final delivered:
Oct. 'SO.
L. Otte
(8) 755-9125
Guidance Manual Lining of Waste Impoundments &
Disposal Facilities (SW-870) Final delivered:
Oct. 'SO.
8. I*. Otte Guidance Manual for Closure of Hazardous Waste
(8) 755-9125 Surface Impoundments (SW-873) Final delivered:
Oct. "80.
9. L. Otte
(8) 755-9125
Technical Resource Document: Landfill and
Surface Impoundment Performance Evaluation
Manual (SW-864) Final delivered: Oct.'80.
10. L. Otte
(8) 755-9125
Hazardous Waste Leachate Management Manujxl
(SW-871) Final delivered: Oct. '30.
-------
11.
12.
13.
14.
15.
16.
17.
18.
19. /
20.
L. Otte
(8) 755-9125
L. Otte
(8) 755-9125
P. Hawkins
(8) 755-9140
P. Hawkins
(8) 755-9140
K. Walker
(3) 755-9200
K. Walker
(8) 755-9200
K. Walker
(8) 755-9200
G. Grumpier
(S) 755-9203
L. Otte
(3) 755-9125
K. Walker
(8) 755-9200
Design and Management of Hazardous Waste Land
Treatment Facilities (SW-874) Final delivered:
Oct. '80.
Hydrologic Simulation on Solid Waste Disposal
Sites (SW-868) Final delivered: Oct. '30.
Guidance for Closure/Post Closure Requirements
(Sub-Part G) Draft delivered: Aug. 1930
Final due: Aug. 1981.
Guidance for Closure/Post Closure Financial
Requirements (Sub-Part H) Draft delivered:
Aug. '80 Final due: Aug. '31.
Permit Officials Guidance Manual: Containers
Draft delivered: Oct '80 Final due: April 81.
Permit Officials Guidance Manual: Tanks
Draft delivered: Oct. '80 Final due: April '81
Permits Officials Guidance Manual: Piles
Draft delivered: Nov. '80 Final due: April *81.
Guidance Manual for Evaluating Permit Applicat-
ions for the Operation of Incinerator Units
Draft delivered: Dec. '80 Final due: July' 31
Guide to the Disposal of Chemically Stabilized
and Solidified Wastes (SW-872) Final delivered;
Oct. '80.
Regional Guidance of Selected Interim Status
Requirements Draft delivered: Oct. 1980
Final due: June 1981.
1.
J. Susha •-
(8.) 755-4933
System 2000 Tutorial Manual Final delivered:
Oct. '80.
-------
R. Hill Waste Exchange Seminar Program (4 manuals)
(8) 755-9150
R. Magor
(8) 755-4390
Safety Manual for Hazardous Waste Site
Investigations
Draft delivered: Sept. '79
A. Schaffer
(8) 755-2870
'"RCRA Case Proceedings Manual
Final due: May '81.
D. Blount Procedural Manual for RCRA Permit Review
(8) 755-2556 Draft delivered: Feb. '81
C. Gesalraan
(8) 755-2870
RCRA Inspection Manual
Draft due: May '81.
C. •Hoppman
(3) 755-9201
Guidance Manual Location Standards (§264.19)
and Special Environmental Areas (SEA) Draft due:
May '81.
"» . t
-------
RCRA PERMITS PROGRAM
GUIDANCE MANUALS AND TECHNICAL DOCUMENTS
II. DRAFTS UNDER PREPARATION
PROJECT OFFICER
OR CONTACT
SUBJECT AND MILESTONE DATES
1. L. • Otte
(8) 755-9125
Predicting & Monitoring Air Emissions at Waste
Impoundment & Disposal Facilities
•''Draft due: June '81.
2. L. Otte
(8) 755-9125
Permit Officials Guidance Manual: Surface
Impoundments, Landfills, Land Treatment Faciliti*
Draft due: July '81
L. Otte
(8) 755-9125
Technical resource document: Groundwater monito
systems
Draft due: July '81
E. Martin
(8) 755-9200
Permit Officials Guidance Manual: Stack monitor.
Draft due: May '81
5. A. Geswein
(8) 755-9125
Landfill Closure Manual
Draft due: June '81
6. E. Martin
(3) 755-9200
Guidance Manual on Infectious *7astes
Draft dua: June'31
7. A. Day '
_ 4(8) 382-2222
Permit Writers Guidance Manual for Land Disposal
of Hazardous Wastes
Draft due: May'81
-------
FIGURE 1
BASIC RCRA PERMIT PROCEDURES
10 L
-------
-------
FIGURE 2
GENERATOR REVIEW
-------
FIGURE 2
FLOW CHART OF GENERATOR REVIEW STEPS
V-12
(START)
Yes
rOoes the facility generate
Hazardous Wastes? 260.10(a}(26),
), 263.10(c)(2)
Mo
The facility 1s a Generator
and 1s subject to Part 262
i
i
Yes
Yes
The facility is not a
Generator and is not
subject to Part 262
to Figure
Yes / Does the facility Import HW
from outside the U.S.? 262.10(c)
to Figure 3 V-*
The facility Is not a Generator
and is not subject to Part 262
Does the facility generate
a HW that has been excluded
froa regulation by 261.4 or
has been deltsted (261 Dl or
excluded by petition (261.22).?
Is this the only W generatad?\
Are any other HU nanagenent
activities (transportation,
k treatment, storage, disposal)
conducted at this facility?
to to the Hext PageJ
No
No
The facility 1s no longer
classified as a Generator
and no permit is required
Notify the Applicant
-------
V-13
FIGURE 2 (Cont.)
Continued from
previous page
Are all the HU generated in a product
or raw material storage tank, transport
vehicle or vessel, a manufacturing process
unit, or an associated non-waste treatment
manufacturing unit? 261.4(c)
No
Yes
Is the generating unit a
Hn
>v surface impoundment? 261. 4(c) y'
JL
Yes
Are HW accumulated in the
generating unit for more than
90 days after operations have'
stopped? 261.4(c}
No
The facility is a
Generator and is
subject to 40 CFR
Part 262
(Go to \
Figure z)
Yes
The HU are excluded from
regulation under 40 CFR
Parts 122-124 and 262-265
until they exit the generating
unit 261.4(.cl
Does the facility generate
more than 1,000 kg of HU in
any month? 251,5(a)
(Go to the ^\
Hext Page J
-------
Yes
Yes
The facility is a Generator
subject to Part 262
60 to Figure 3)
Notify Applicant
FIGURE 2 (Cant.)
C Continued from
previous page
V-14
Are sore than the volumes of
acute HW (261.33) specified
in 261.5(e) generated in any
month?
No
. Yes
Are the HW stored for more
than 90 days after the
• 261.Stf} exclusion limits
are exceeded? 262.34(a}
Yes
The facility Is a saall
Generator and does not
require a permit. It is
subject to 252.11 and
262.34O1.
Yes
CGo to \
next page J
Are more than 1,000 kg
of HW or more than the
volumes of acute HU specified
in 261.S(e) accumulated at
any time? 261.5 (f)
Are all wastes shipped
off-site? 261.5 (g}(3)
262.34
-------
V-15
c
FIGURE 2 (Cent.)
Continued from
previous page
Does all on-site treatment or
disposal of wastes occur in facili-
ties permitted, licensed or
registered by the State to manage
Municipal or industrial solid
waste? 261.5 (g)(3)
Ho
The facility is a
snail generator and
does not require a
permit. It is sub-
ject to 26Z.11
requireoents
Notify Applicant
Yes
Yes
A treatment or
disposal permit
is required
(Go to ^\
Figure 3 )
Yes
Notify the Applicant
Are all wastes that are treated
or disposed of on-site that are
not handled in the State regulated
facility treated in an elementary
neutralization unit or wastewater
treataent unit subject to a perait-
by-rule? 261.5(g).(3l and 122.26(d)
Ar* *»y sludges generated by the
wastewater treatment facility
.classified as HW?
JL
Are any of these sludges treated,
stored op disposed of in surface
Impoundments, sludge drying beds,
landfills and/or land treatment
facilities? !22.26(d).(2lXi1)
Has the Regional Administrator
terminated the eligibility of this
!facility for a pcrrait-by-rule?
I22.26(d)(2)
The facility is a small Generator
and does not require a penalt. It
is subject to the requirements of
262.11 and 266
No •
No
-------
FIGURE 2 (Cont.)
^^MMBMB^BMMBBM^
Continued from
previous page
Y-16
Are all wastes not treated or disposed
of on-site in a state-regulated facility
or an elementary neutralization unit or
a wastewater treatment unit covered by a
permlt-by-rule treated or disposed of in
a facility which beneficially uses, reuses.
recycles or reclaims the hV? 261.5(g}(3)(v.)
The facility is a
small generator and does
not'require a permit.
It is subject to the
requirements of 262.11
Notify Applicant
The facility is a snail
generator with on-site
treatment or disposal in
a RCRA permitted facility.
It is subject to the require-
ments of 262.10(b), 262.11.
262.12, 262.40(c) & (d) and
262.43
i
A treataent or disposal
permit is required
261.S(3]
to Figure 3)
-------
FIGURE 3
FLOW CHART OF TRANSPORTER REVIEW STEPS
V-17
(START)
Is the facility a Transporter as
defined in 260.10(a}(72}?
No
The facility is subject
to Part 263
to Figure
Does the facility mix different
types of HW in the same container?
263.10(c}(2)?
The facility is a Generator
and is subject to Part 262
-------
FIGURE 3
TRANSPORTER REVIEW
-------
FIGURE 4
APPLICABLE STORAGE AND TREATMENT STANDARDS
-------
FIGURE 4
FLCW CHART OF APPLICABLE STORAGE AND TREATMENT STANDARDS
V-18
Review Figure 5
Containers
Yes
Review Figure
Tanks
/Are hW stored for
"V more than 90 days?/
No
(jo to Kext
Tes ^/Are t« stored In \ NO
\ Containers? 262 Subpart I
X /
HW stored
\Tanks? 262 Subpart J
Yes
/to* HII stored in
-{ Surface Impoundments?
^^262 Sufapart 1C
Review Figure 7
Surface Impoundments
_Tes_
Xv
HW stored 1n
Waste Piles?
262 Subpart L
Review Figure 8
Waste Piles
to Hext
No
No
No
-------
FIGURE 4 (Contd)
/• *>
Continued from
Previous Page
Yes
/Are HW treated
"\Jfris facility?
tig
JL
Yes
>/Are HW treated in
N. Tanks? 262 Subpart
\
rto
Review. Figure 6
Tanks
Yes
./Are HH treated in N.
• Surface Impoundments?
2 Subpart K
Review Figure 7
Surface Impoundments
Yes
/
.X U
HU treated
, Waste Piles?
\y2S2 Subpart L
Review Figure 3
Waste Piles
Yes
\
Are HM treated tn\.
an Incinerator? -
Suopart 0
Review Figure 9
Incinerators
to (text
_
V-19
__ CGo to "ext
-------
V-20
Yes
Interim Status
Standards Apply
to those units
Y«S
Interim Status
Standards Apply
to Disposal Units
FIGURE 4 (Contd).
c
Continued from
Previous Page
/Are HW treated In \.
\any other type of unit? /
No
/Are HH disposed of\ No
this facility? /
Review Figure 10 for
Applicable General Conditions
Prepare Complete Modular Permit
Prepare Permit Basis
Prepare Fact Sheet
-------
FIGURE 5
CONTAINER STORAGE
-------
FIGURE 5
FLOW CHART OF CONTAINER STORAGE PERMIT DEVELOPMENT STEPS
V-21
(JTART)
/Are hazardous wastes stored for sort \
\ than 90 days? 262.34(b) >
N0
to Treatment
^ Charts (Figure
P.low\
4)7
YES
Are hazardous wastes stored in con*
containers? 264.170
/^Go to Tanks Flo-
(Figure Oj
YES
/Art tht c
\ in 261.7?
containers empty as defined \
"
NO
No permit conditions
for container aanage-
nent are required
264.170
./Go to Tanfr« FlowChartN
"^(Figure 6 ) J
Review the Part 8 information
on tne containment system
(C-S(a-c))
YES
/Does Uie containwrnt systwi Met the
design requirements for drainage and
\
containment of leaks and spills?
264.175(a)
V.
Negotiate improvements
to the containment system
to be completed prior to
the effective date of
the permit
YES
Is it feasible to upgrade the contain-
ment system to meet the design require-
ments
Deny the Permit
YES
(C-6)
/Is run-on to the containment system \NO
\prevented? 264.175(b)
NO
YES
Ooes the containment system have suff1-\ NO
cient excess capacity to handle run-on?
Waive run-on prohibition
(Other
Requir£«nents)
Prohibit run-on
264.17S(b)
(C-6)
next paqej
-------
FIGURE
(COJTT.)
V-22
Continued from previous page i
the Operating and
Contingency P1ans
(C-l, 2, 3, 4, 7}
YES
Are provisions for transferring wastes
from leaky containers, managing contain
ers and removing collected liquids from
the containment system compatible witii
264.171, 264.173 and 164.175(c)?
NO
Review the Inspec-
tion Schedule
(C-8,
NPOES,
Other
Requirements)
Request appropriate revisions of
the Operating and/or Contingency
Plans
Y££ / Are provisions for inspecting contain- \ HQ
ers and the containment system adequate? )
264.174 /
Request revision of the
Inspection Schedule
YES
Are provisions in the Contingency Plan V
adequate for remedying Containaent systea
deficiencies 264.156 /
(C-9)
(C-10)
Review Closure Plan (C-ll)
Are any Ignitable or reactive wastes \
handled? /
NO
(C-12 tO 14)
Specify special nquirenents
for such wastes 264.176
Are any incompatible or reactive\
wastes handled? /
NO
(C-15 tO 18)
Specify special requirements
for such wastes 264.177
to
V^Cturt (Figure 5_)
I
I
I
I
I
-------
FIGURE 6
TANKS STORAGE
-------
V-23
FIOIKE _
FLOW CHARTS OF TANKS STORAGE PERMIT DEVELOPMENT STEPS
START
YES
Does the facility treat or store
ous wastes in tanks? 264.190
"0
Go to -Surface Impoundments
Flow Charts [Figure ' ]
^
Are any of the tanks covered underground tanks
tanks that cannot be entered for inspection?
•64.190(0.)
NO
Th« underground tanks currently can-
not be included in this permit and ;
renain in interim status 264.190(b) .
YES
Are these the only tanks?
NO
;3o to Surface
Flow Charts [Figure
Review the tank design information plans, speci*
specifications and other appropriate background
information including interim status inspection
reports 264.191
Compute Minima shell thicknesses for each tank
based on material of construction, tank dimen-
sions, wastes to be stored, liners and corro-
sion rates
(T-1)
(Table T)
Derate the tank and
specify lower liquid\
depth.
Are any required minimum thicknesses greater
than existing shell thicknesses?
NO
(T-1)
Specify special inspec-
tion closure require-
ments
YE^lstt
^\£hej
the expected life of any tank less than
permit expiration date?
NO
•/Go to next page-
(Other Requirements,
Inspection and
Closure Plans)
-------
V-24
Continued from previous page j
Review data on overfilling controls and (for closed]
tanks) pressure controls 264.190 and 192(b) I
(T-1,.2)
YES
Are existing controls adequate?
YES
Negotiate with the applicant
for Modification of controls
prior to effective date of
permit
Arc any tanks uncovered?
264.192(b)<2)
Specify minimum freeboard
or maximum liquid depth
NO
(Table T)
(T-l)
Prepare a table listing tank de-
scriptions, wastes to be handled
in each tank, minimum shell
thickness, overfilling and
pressure controls, minimum
freeboard and maximum liquid
depth
Are the Materials compatible?
Review the compatibility of the wastes
handled with the material of construe*
tion of each tank 264.192(a)
(T-4)
YES
Is a compatible inner liner or coat-**
ing or alternate means of protection
provided? 264.192U) .,
{Limit wastes handled in the tank j
to those compatible with the tank)
materials I
Review the Inspection Schedule
YES
the schedule specify inspection
requirements consistent with
264.194(a)(l-5)
(T-3, 4
Table T)
Request the applicant to make
the appropriate revisions in
the Inspection Schedule
(T-5, 6)
Does the schedule define periodic com-
prehensive inspections consistent with
264.194(b)7
(T-7)
(Go to next pag«
-------
V-25
Continued from previous page
)
Review the Contingency Plan f-«-
(T-a, 9)
YES
Does the Plan specify adequate procedures
for remedial work to correct deficiencies
• discovered during inspections and to re-
spond to spills and leaks? 264.1S(c) and
264.194
-------
FIGURE 7
SURFACE IMPOUNDMENTS
-------
V-26
Figure 7
FLOW CHART OF SURFACE IMPOUNDMENT PERMIT DEVELOPMENT STEPS
/There are currently
/ standards for a surface]
^ impoundment used for I
\disposal jf
Start
Is the Surface Impoundment used
for disposal? 264.220
No
Yes
Yes
Is the Surface Impoundment de-
signed for complete containment?
64.221(c>
*n . (S-l)
Is the only discharge a discharge
to surface waters authorized as
part of an NPQES permit? 264.221(c
.''there are currently no
standards for a surface
impoundment discharging
land or groundwdters •
Specify permit conditions
(Other Requirements) relative
to compliance of discharges
with NPOES permit requirements
(Other Requirements)
Review the detailed design information
and Operating Plan for the impoundment
and containment system submitted with
Part B
Yes
Are the design and operation adequate
.to prevent overtopping?
Negotiate for necessary i"«-
provenents to be Bade prior
to permit Issuance
Yes
(S-5)
a freeboard larger or smaller
than 2 feet needed or allowable
l.221(a)
No
(S-4)
Can improvements be made to
prevent overtopping?
Deny the permi t
C
Stop
Specify freeboard
Yes
(S-2)
Are waste inflow controls
adequate? 264.221(b)
to the ttt»t
Pag;)
-------
Figure 7 (Continued)
FLOW CHART OF SURFACE IMPOUNDMENT PERMIT DEVELOPMENT STEPS
V-27
res
Yes
^Continued from Previous Page)
""
No
Does the impoundment have
^earthen dikes?
Yes
Yes
Is the design of the dikes*1
structurally adequate?
264.221(d)
-6, 3}
Negotiate for the necessary
improvements to be Mde prior
to per*it issuance
Yes
Can the dikes be made
structurally adequate?.
No
Deny the Permit;-«-
(^ Stop
(S-6, 7,'8)
Are operation and Maintenance
procedures adequate to protect
the dike integrity? 264.222(4)
and 223(a)
Request revisions in the
•. Operating Plan
Is run-on diverted away fro*
the Impoundment? 264.222(e)
No
Require diversion of
run-on
Is the design of the 1«achate
system adequate? 264.221(e) .
No
(S-9)
(S-10)
Negotiate for the necessary im-
provements to be made prior to
permit issuance
^ Yes
Can the system be ^
.adequately improved?.
No
Does the Operating Plan require
timely removal of collected
leacnate? 264.222(c)
Request revision of the
Operating Plan
(S-10)
Yes
Is the collected leachate re-
turned to the impoundment?
No
Specify leachate disposal
requirements {
(Other
Requirements)
(S-ll)
""•{Go to the Next Page)
-------
Figure /• (Continued)
FLOW CHART OF SURFACE IMPOUNDMENT PERMIT DEVELOPMENT STEPS
V-28
I
!
(Continued fro* Previous Page .
Yes
Is the design and construction of the
the liner system adequate? 264.223(0
No
Negotiate for the necessary
improvements to be Md« prior
to permit issuance
Yes
Yes
(S-l)
jan the liner system be
improved to acceptable
standards?
Is the liner system constructed above
the water table? 264.223(b)(2)
(Other Requirements)
Deny the Permit}
Stop
Specify requirements for
control of groundwater
Yes
Is the water table con-
trolled to a level below
the liner system?
No
I
I
Yes
Is the life of the containment
system at least as long as the
No
\^P«r»it period? 264.223(c) ^^
\
, ,
Specify a closure date
based on life of the
• containment system
(Closure Plan)
Yes
liable S)
Are the wastes to b« treated or
stored in the surface impound-
ment compatible with the lining?
264.223(d)
Prepare a table listing allowable
wastes or types of wastes for each
surface impoundment 122.13(a)
(S-3)
Delete any incompatible
wastes from Uie list of
wastes allowed
Review the Inspection Plan
Yes
Docs the Plan specify adequate
Inspection procedures and fre-
quencies? 264.226 and 227(a)
newest revisions of the
the Inspection Plan
I
(S-12, 13, 14)
ta the Next
-------
V-29
Figure 7 (Continued)
FLOW CHART OF SURFACE IMPOUNDMENT PERMIT DEVELOPMENT STEPS
i Continued from Previous PageJ
Review the Contingency Plan
Yes
Does the Plan specify adequate pro-
visions for removing an impoundment
from service in case of a containment
system failure, for repair of the con-
tainment system and for restoring an
impoundment to service? 264.227(b-e)
(S-15, 16)
Review the Closure Plan ;-
Request revisions of
the Contingency Plan
Yes
Are closure procedures
adequate? 264.227(f)
«4.228 ^
(S-17, 18}
Request revisions of >
the Closure Plan I
Yes
(S-19)
Are any Ignitable or
reactive wastes handled?
Specify special requirements
for such wastes 264.229
Yes
Are any incompatible
wastes handled ^
No
Specify special requirements
for such wastes 264.230
(S-20)
Extract appropriate design specifi-
cations and information on the con-
tainment and leaehate systems and
attach to the permit as* permit
conditions
Go to the Waste Piles
Flow Chart (Figure
-------
FIGURE a
WASTE PILES
-------
V-30
Figure _§
FLOW CHART OF WASTE PILES PERMIT DEVELOPMENT STEPS
• There »f'« currentlyN,
: no standards for *
\ waste pi Its used
\disposa)
Yes
for/
Start
Is the waste pile used
for disposal? 264.250
No
(P-l)
Yes
Yes
\fom
the wast* pile designed for
omp1ete containment? 25
Mo
Yes
Is the only discharge a discharge
to surface waters authorized as
part of an NPOES permit? 264.252
-------
V-31
Figure 8 (Cont.}
FLOW CHART OF WASTE PILES PERMIT DEVELOPMENT STEPS
Continued fro* Previous Page,-
Yes
Ooes the w«stt pile base have an
underlying leachate detection sys-
tem? 264.253UX3)
(P-5)
Is the design of the leachate detec-
tion system adequate? 264.253(a)(3)
Negotiate for the necessary 1m- i
provements ta be aude prior to
permit issuance
Yes
'Can the system be
adequately i«proved
Stop
Oeny the Permit
Yes
Oo operating procedures require
timely removal of collected
leachate?
No
(P-5)
Request revision of
the Operating Plan
Yes
negotiate for the necessary
improvements to be made prior
to permit issuance
Is the design of the waste
pile base adequate? 264.
Yes
"tan the base be ad
equateiy improved
Yes
(Other
Requirements)
Is the liner system constructed above
the water table? 264-253(a)(3) ,
No
Specify requirements for
control of the ground-
water
Is the water table \
controlled to a level
below the liner? ^
Oo operating procedures ad-
equately protect the contain-
ment system from plant growth?
264.253(c)
NO
Request revisions a'
Operating Plan
(P-7)
•Go to Next Page-
-------
V-32
g
Figure
FLOW CHART OF WASTE PILES PERMIT DEVELOPMENT STEPS
(Continued from Previous Cage1,
Is the life of the containment system
at least as long as the permit period?
264.253(d)
No
Yes
Specify a closure date based
on Ufa of the containment-
system
(Table WP)
Are the wastes to be treated or stored
in the waste pile compatible with the
264.253(b)(l)
No
(Closure
Plan)
(P-6)
Prepare a taole listing allow-
able wastes or types of wastes
for each waste pile 122.29(a)
Delete any incompatible
wastes from the list of
wastes allowed
Review the Inspection Plan
•1
(P-8, 9)
Does the Plan specify adequate in-
spection procedures and frequencies?
264.254 and 255
-------
Figure 3 (Cont.}
FLOW CHART OF WASTE PILES PERMIT DEVELOPMENT STEPS
V-33
c
Continued from Previous Pag*
res
Are any ignitable or reactive
wastes handled?
Specify special requirements
for such wastes 264.256
Yes
Are any incompatible wastes
handled? ^
Specify special requirements
for such wastes 264.257
No
No
Extract appropriate design specifica-
tions and information on the centaln-
•ent and leachate system and attaci) j
to the pernit as permit conditions
/G
Ga to Uie Incinerator Flow Chart
(Figure y )
(P-U)
(P-15 to T8)
-------
FIGURE 9
INCINERATORS
-------
V-34
FIGURE 9
FLOU CHART OF INCINERATOR PERMIT DEVELOPMENT STEPS
Yes
Yes
No
Is the Part 8 information
adequate to fully describe
wastes to be incinerated and
incinerator operations and to
meet the requirements of
122.25(b)(5)(i), (ii) or (iii)?
Has the applicant requested an
exemption from incinerator
standards under 264.340(b)
for ignitable wastes?
±
Are all the wastes incinerated
classified as hazardous only
because they are ignitable?
264.340(b){l}
A
MJotoflextPaqeJ
Jto
Are any of the waste constituents
listed in Part 261. Appendix VIII?
264.340(b)(2}
The incinerator is exempt from
nost 264 Subpart 0 conditions.
Specify limited incinerator permit
conditions based on 262.341 & 351.
The incinerator is subject
to 264 Subpart 0 conditions
to
Hext PageJ
to Figure
-------
FIGURE 9 (Cont)
V-35
Yes
Specify trial burn
procedures including
POHC's 122.27(b)(3)
Yes
Yes
CGo to the^k
Next Page^/
Continued from
Previous Page
Has the applicant submitted
the results of a trial burn?
122.2S(b)(5)(ii)
\
Has the applicant submitted
an application for a trial
burn permit?
/Is the trial bum
22.27(b) /
,
jrn \ * ..
nplete? /
f
Request Supplemental
Information 122.27(b){2)
Trial burn completed
and results reported
122.27(b)(5)(k)(iii)
yMtas the applicant submitted
-^ information in lieu of
X^a trial burn? 122.2S(b)(5)(tii)
the information adequate
NO
. to develop permit conditions? '/
Alternate
Deny the
Permit
-------
V-36
Point A
Tes
Yes
FIGURE 9 (Cont)
v
Continued from
Previous Page
Specify one or oore POHC's
and hazardous coabustion
by-products from Part 261,
Appendix VIII for each waste
feed to be burned 264.342(b)(1)
Do the trial burn or other
data show that the Incinerator
achieves 99.993 destruction
and removal efficiency for
each POHC? 264.343(a)
Do,the trial burn or other
data show that the incinerator
reduces hazardous combustion
by-products to less than 0.015
of waste feed POHC's?
264.343(d)
Do the trial burn or other data
snow that the Incinerator exits
less than allowable levels of
particulate matter?
264,343Cc)
the incinerator bum
M&tes containing sure than
3.51 chlorine? 264.343 (b)
'Do the trial burn or other data
show that the Incinerator
removes more than 99S
of HC1 from the exhaust gas?
(264.343(b)
I
I
No
I
I
I
-------
V-37
CGo to"N^
Point 0
NextPage^
Yes
Yes
FIGURE 9 (Cont)
'Are less stringent
performance standards
potentially acceptable
for this case?
264.343(e)(2)
''Are application data adequate
to develop revised operating
procedures so that the incinerator
will meet the specified performance
^standards? 262.343 & 345
Is the incinerator design
technically capable of meeting
acceptable performance
standards? 262.343
Specify requirements
for a new trial burn
122.27 (b](4)
Issue a trial
burn permit
122.27(b).(4)
Go Back to
Point A
Previous Page
Trial burn completed and
results reported
122.27(bK5)(lc)(ii1l
-------
FIGURE 9 (Cont)
V-38
NO
Ho
Yes
Yes
Point C
V^«
rAre performance standards
for metals* hydrogen
solids and/or elemental
halogens potentially needed
for this case? 264.343(f)
Are more stringent performance
standards potentially needed
Jor this case? 264.343(e)0)
Yes
Request supplemental
emissions, air dispersion,
human and environmental
exposure and exposure
consequence data
264.343(g)
I
I
(Go to Point F/\
•Page 22 J
Specify the standard
performance standards
262.343(a)to (d)
Review the incinerator design
& control system characteristics
122.2S(b)(5). 122.27(b)
• Does the incinerator
have an adequate
an$ of controlling
fugitive Missions
fron the combustion
zone? 262.345(d).
Require adequate
control system
262.345(d)
Yes
/Is an adequate
automatic waste feed
cutoff system provided?
262.34S(e)
1
I
Is it technically
feasible to Install
adequate controls
on this incinerator?
No
Require an
automatic system
f Go to Point fi,
\ Page .33
^_ -*
I
-------
V-39
FIGURE 9 (Cont)
Yes
Yes
Point
Review supplemental data
264.343(e)
Are performance standards for metals,
halogen halides and/or elemental halogens
needed for protection of human health
and the environment? 254.343(0
Specify appropriate
performance standards
rAre more stringent performance
standards necessary to protect
human health and the environment?
264.343(eKU
No
Specify appropriate
performance standards
less stringent performance standards
achieve emission rates that provide adequate
protection of human health and the
environment? 264.343Ce)C21
-Specify appropriate performance standards
less stringent than 254.343(a) to (d\
for one or more characteristics
(Go to Point
Page 3O
-------
V-40
Yes
HOUSE 9 (Cent)
Point
Review the operating
requirements submitted
in the Part 3 application
122.2S(b)(5)
Are the operating
requirements adequate?
264.345
Incorporate them in the
permit conditions
264.345(a)
I
I
Specify additional
or revised operating
requirements 254.345(b}(6)
I
I
Specify waste analysis (254.341(b)),
aonitoring and inspection (264.347)
and closure (254.351) conditions
i
-------
VI-1
VI. RCRA SAMPLE PERMIT
This section presents a sample permit that Includes permit forms and
general conditions applicable to all types of hazardous waste management
facilities; sets of standard permit conditions applicable, respectively, to
container, tank, surface Impoundment, waste pile, and Incinerator hazardous
waste management units; and examples of site-specific permit conditions for
these five kinds of units. The sample permit is based on 40 CFR Part 265
permit standards that became effective in July 1381. All site-specific
examples are hypothetical because no actual permits were yet available.
The sample permit is in a modular format [Table 5] that is designed to
minimize permit preparation time. Various pre-printed standard components
or modules can be selected from available modules and assembled as appro-
priate to the specific types of units at the facility. Site-specific in-
formation and permit conditions can be quickly entered in the tabular for-
mat. In addition to time savings, the use of this sample permit insures
that all important permit conditions are included and achieves a degree of
uniformity in permits for similar types of facilities.
Im the paragraphs that follow, the purpose of each component of the
modular permit is discussed along with instructions on how to use or pre-
pare each component. The flow charts [Figures 4-9] in Section V are de-
signed to be used with this sample permit and give additional instruction
on how to use permit application data, technical references, permit stand-
ards, and the sample permit to develop permit conditions. The permit writer
is also referred to the set of Permit Guidance manuals for various types of
facilities prepared by the Office of Solid Waste.
PERMIT COVER SHEETS
The initial cover sheet contains basic information on the facility
including permit number, EPA identification number, owner and location.
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VI-2
I
1
Table 5
SAMPLE MODULAR RCRA PERMIT COMPONENTS
PERMIT COVER SHEETS
Basic Facility Information """
List of Attachments
HAZARDOUS WASTE TSD UNITS LIST , —
Lists All Treatment. Storage and Disposal
Units and Their Design Capacity
HASTES LIST ""
Lists All Hazardous Waste Handled at the Facility •
GENERAL CONDITIONS *
Standard Conditions Generic to All TSO Facilities
Including Waste Analysis, Inspections, Contingency •
Plans. Training, Financial Conditions. Closure •
Plans. Reporting Requirements, Etc.
STANDARD CONDITIONS FOR:
CONTAINERS
TANKS
SURFACE IMPOUNDMENTS __
HASTE PILES
INCINERATORS
- Standard Conditions are Attached for Each Type **
of Unit Present at this Facility
SPECIAL ATTACHMENTS
va*
Specific Attachments Required by the Standard
Conditions for Each Type of TSO Unit .
OTHER REQUIREMENTS
Additional Special Conditions for This Facility
Developed by the Permit Writer
STANDARD ATTACHMENTS —
CONTINGENCY PLAN
INSPECTION PLAN _
OPERATING PLAN
REQUIRED DESIGN INFORMATION
I
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VI-3
Check-off blocks are provided to indicate what types of hazardous waste
management activities are conducted at the facility. A second set of blocks
is provided for check-off of the specific regulations applicable to the
facility. The pemittee is required to comply with all regulations applic-
able to the facility in addition to those regulations specifically included
in permit conditions. This cover sheet is intended to be a standard form
that would be filled out on a site-specific basis.
The second cover sheet is the List of Attachments that has two pur-
poses. It lists all permit components that are a part of this permit (shown
by a check in the box). It also serves as a handy check list during permit
preparation to insure that all applicable permit components are included in
the permit under preparation.
HAZARDOUS WASTES TSD UNITS LIST
A list of all hazardous waste management units at a facility and their
design capacities must be attached to each permit [40 CFR 122.29]. An ex-
ample list in a tabular format is presented that is easily adaptable to a
pre-printed form. Some form of a key linking each unit to a map would be a
desirable feature although not required by regulations.
WASTES LIST
All hazardous wastes or types of wastes managed at a facility must be
listed in the permit [40 CFR 122.29]. An example of such a list is shown
in a tabular format. The waste number is not required but is a desirable
feature to aid in determining waste characteristics or sources.
Where several different major types of wastes are handled such as ig-
nitables, with each other are present, subdivision of the list by waste
type of incompatible group would be desirable.
GENERAL CONDITIONS
The Consolidated Permit Regulations [40 CFR Part 122] and the RCRA
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VI-4
I
Permit Standards [40 CFR Part 264] specify various permit conditions ap-
plicable to all types of hazardous waste management facilities. No sample •
general conditions are presented in the sample permit because of their bulk
and pending revisions. Example conditions are contained in Part II of the
RCAR Permit Procedures Manual. ""'
STANDARD CONDITIONS ' -
Containers ' ir-
These standard conditions are designed to be applicable to all container- •
storage facilities and contain all appropriate conditions required by the
Permit Standards [40 CFR Part 264, Subpart I]. Site-specific information •
and specific permit conditions are contained in other components or attach- ®
ments to the permit.
Where appropriate, the standard conditions refer to these components
and attachments. For a container facility these references include at- __
tached design specifications (condition C-5), Other Requirements (condi-
tion C-6), the Inspection Plan, the Closure Plan, the Wastes List, Table I,
and the General Conditions. ""
These standard conditions are designed to be used with Figure 5, the *•
flow chart for containers in Section V. An example of the relationship
between Figure 5 and the standard conditions is presented in Section V. ^
Additional help in permit preparation may be obtained by consulting the
Permit Guidance Manual for Containers.
Tanks
These standard conditions are applicable to new and exisiting tank
units used for storage or treatment of hazardous wastes. They are parallel *•
in format to the standard conditions for containers, are developed in the -a
same manner, and are also used in the same way. Figure 6 and the accompanying m
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VI-5
text in Section V provide guidance in the use of these standard conditions.
Additional information is available in the Permit Guidance Manual for Tanks.
SURFACE IMPOUNDMENTS
Standard conditions applicable to new and existing surface impoundments
used for storage or treatment of hazardous wastes are presented. No condi-
tions applicable to surface impoundments used for disposal are presented as
final standards for existing facilities are not available.
The standard conditions are also similar in format and application to
the container conditions. Figure 7 in Section V provides instruction in
their use.
WASTE PILES
Standard conditions for waste piles are very similar to those for sur-
face impoundments. Conditions are presented for storage or treatment facil-
ities but not for disposal facilities.
Figure 8 in Section V provides guidance in the use of these standard
conditions. Additional information is contained in the Permit Guidance
Manual far Waste Piles.
INCINERATORS
Standard conditions applicable to incinerators have not yet been pre-
pared in the modular format. Such adaptation is difficult because of the
relatively larger amount of conditions that are site-specific. Sample per-
mit conditions used in the permit training courses are presented for illus-
trative purposes.
Figure 9 in Section V provides guidance in the preparation of permit
conditions. It is not keyed to this sample permit. Additional guidance is
available in the Permit Guidance Manual for Incinerators and the Engineer-
ing Handbook for Incinerators.
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VI-6
1
SPECIAL ATTACHMENTS
There are several special attachments referenced in the standard con-
ditions for containers, tanks, surface impoundments, and waste piles.
These include Table T for Tanks, Table SI for Surface Impoundments, Table WP "~
for Waste Piles, and Table I for Incompatible Wastes. These attachments
provide a simple means of organizing and attaching site-specific data re- _
quired by permit regulations and conditions. A sample special attachement
is Table T in the Standard Conditions for Tanks.
OTHER REQUIREMENTS
I
Many permits will require several site-specific permit conditions. •
These can be conveniently grouped in the Other Requirements. Several sets *
of standard conditions reference the Other Requirements when specific con-
ditions are needed. An example of Other Requirements is presented in the _
sample permit.
STANDARD ATTACHMENTS "~
There are several documents submitted as part of the permit application "~
that will usually be attached to and become part of the permit. These in-
clude the Contingency, Inspection, and Operating Plans and contain design —
information such as the containment system design for container storage
facilities. When reviewed by the permit writer and attached to the permit, M
these attachments become enforceable permit conditions.
•^
Revision of these documents during development of permit conditions
will often be required. If revision is necessary after the permit becomes
effective, permit modification may be needed in some cases. -*
-------
SAMPLE MODULAR RCRA PERMIT
This packet contains draft sample permit conditions applicable
to various types of hazarous waste management facilities
inluding container storage, incinerators, and tanks, surface
impoundments and waste piles used for treatment or storage.
No disposal facility conditions are included. See the draft
RCRA Permit Procedures Manual for guidance in use of this
sample permit.
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
HAZARDOUS WASTE MANAGEMENT PERMIT
VI-7
Permit No. :
Application No. :
EPA Identification No. :.
Name of Permittee :
(Owner/Operator)
Facility Location
Effective Date
Expiration Date
In compliance with the provisions of the Resource Conserva-
tion and Recovery Act as amended (hereinafter referred to as "the
Act"), you are authorized to conduct hazardous waste management
activities including:
Storage
Treatment
n Disposal
at the listed facility location in accordance with the applicable
provisions of 40 CFR Parts 261 to 267 checked below and with pro-
visions and conditions attached to this permit.
Part
Part
Part
Part
Part
Part
Part
Part
Part
Part
Part
Part
Part
261,
262
263
264,
264,
264,
264,
264,
264,
264,
264,
266
267
Subpart A
Subparts A-E
Subpart G
Subpart H
Subpart I
Subpart J
Subpart K
Subpart L
Subpart 0
For the Environmental Protection Agency
(Title)
Date:
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VI-3
Permit No.:
LIST OF ATTACHMENTS
C3 Hazardous Waste TSO Units List
Q Wastes List
O General Conditions
CZI Standard Conditions for Containers
I"""] Standard Conditions for Tanks
Standard Conditions for Surface Impoundments
Standard Conditions for Waste Piles
Standard Conditions for Incinerators
Table T for Tanks
Table SI for Surface Impoundments
Q Table WP for Waste Piles
Other Requirements
Contingency Plan
CZJ Inspection Plan
D Operating Plan
EH Design Specifications
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VI-9
Permit No.:
'HAZARDOUS WASTE TSD UNITS LIST
The following hazardous waste management units described in your permit
application are covered by this permit.
Key* Unit Description Design Capacity
A Organic Waste Incinerator 100 gph
B Chlorinated Waste Incinerator 160 gph
C Incinerator Feed Tank 5,000 gal
0 Chlorinated Waste Feed Tank 5,000 gal
E Acid Waste Storage Tank 10,000 gal
F Acid Waste Storage Tank 10,000 gal
G Drum Storage Pad 10,000 gal
H Container Storage Building 25,000 gal
I Wastewater Storage Impoundment 150,000 gal
J Wastewater Neutralization Tank 0.2 mgd
K Wastewater Sludge Pile 1,000 cu. yd.
*See attached Facility Plot Plan.
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VI-10
Permit No.
WASTES LIST
.The following hazardous wastes described in your permit application
may be managed at this facility.
Waste No. Waste Type Waste Description
D002 Dilute Acid Spent SuIfuric Acid
D002 Waste Caustic Spent Lime Waste
D007 Sludge Wastewater Treatment Sludge
from Benzyl Chloride
Production
KOI5 Chlorinated Still Bottoms from
Organics Benzyl Chloride Production
FOOT Spent Solvent Degreasing Solvents
D002 Wastewater Acidic Process Wastewaters
Ignitable API Separator Sludge
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vi-n
Permit No.
GENERAL CONDITIONS
See Part II, Pages 51-69 of the RCRA Permit Procedures Manual for
apporpriate conditions to be inserted here.
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VI-12
CONDITIONS THAT APPLY TO THE USE AND MANAGEMENT OF CONTAINERS FOR THE STOR-
AGE OF HAZARDOUS WASTES AS REGULATED IN 40 CFR PART 264, SUBPART I.
MANAGEMENT OF CONTAINERS
C-l. Hazardous wastes shall be stored in containers that are maintained in
good condition with no evidence of leaks, severe rusting or corrosion,
or apparent structural defects. If a container is not in good condi-
tion or begins to leak, all hazardous wastes shall be transferred from
this container to a container that is in good condition or manage the
waste in some other way that complies with the requirements of 40 CFR
Part 264. [264.171]
C-2. Containers shall be made of or lined with materials which will not
react with, and are otherwise compatible with, the hazardous waste to
be stored, so that the ability of the container to contain the waste
is not impaired. [264.172]
C.3. A container holding hazardous waste shall always be closed during
storage except when it is necessary to add or remove waste. [264.173(a)]
C.4. A container holding hazardous waste shall not be opened, handled, or
stored in a manner which may rupture the container or cause it to leak.
[264.173(b)]
C.5. All containers shall only be stored in areas that have a containment
system that is capable of collecting and holding spills, leaks, and
precipitation. The containment system shall conform to the following
description and the attached design specifications:
a. The base underlying the containers shall be maintained free
of cracks or gaps and shall be sufficiently impervious to
contain leaks, spills, and accumulated rainfall until the
collected material is detected and removed;
b. The system shall be designed for efficient drainage so that
standing liquid does not remain on the base longer than one
hour after a leakage or precipitation event unless the con-
tainers are elevated or in some other manner are protected
from contact with accumulated liquids; and
c. The system shall include sufficient capacity to contain 10%
of the total volume of all containers stored in the area or
the volume of the largest container, whichever is greater.
[264.175(a)]
C-6. Run-on into the containment system shall be prevented unless specifi-
cally authorized in the Other Requirements section of this permit.
[264.175(b)]
C-7. Any hazardous waste that spills or leaks as well as any accumulated
precipitation shall be removed from the sump or collection area in as
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VI-13
timely a manner as is necessary to prevent overflow of the collection
system. [264.175(c)]
C-8. Any material removed from the collection system (if it meets the de-
finition of a hazardous waste in 40 CFR Part 261) shall be returned to
a hazardous waste container, transferred to other hazardous waste man-
agement facilities included in this permit, managed in some other way
that complies with applicable requirements of 40 CFR Parts 262-266 or
complies with the Other Requirements of this permit.
INSPECTIONS
C-9. The permittee shall inspect at least weekly the areas where containers
are stored, looking for leaking containers and for deterioration of
containers and the containment system. Inspections must be performed
in accordance with the attached Inspection Plan. £264.174]
CORRECTION OF DEFICIENCIES
C-10. Any deterioration or malfunction of equipment or structures of the
containment system (including leaks, cracks, pervious areas and inop-
erative sump pumps) revealed by the inspection shall be remedied by
the permittee on a schedule which ensures that the problem does not
lead to an environmental or human health hazard. Where a hazard is
imminent or has already occurred, remedial action must be taken imme-
diately. [264.15(c)]
CLOSURE
C-ll. All hazardous waste and hazardous waste residues shall be removed
from the containment system at closure of the facility. Any remaining
containers, liners, bases, and soil that contain or are are contami-
nated with hazardous waste or hazardous waste residue shall be decon-
taminated or removed. Closure must be performed in accordance with
the attached Closure Plan. [264.178]
SPECIAL REQUIREMENTS FOR IGNITABLE OR REACTIVE WASTES
C-12. Ignitable wastes listed in the attached Wastes Table may be stored
at the location(s) shown in the attached sketch.
C-13. All containers holding ignitable or reactive waste shall be at least
15 meters (50 feet) from the facility's property line. [264.176]
C-14. If any ignitable or reactive wastes are stored in containers, the
requirements of General Condition of this permit shall be com-
plied with. [264.17]
SPECIAL REQUIREMENTS FOR INCOMPATIBLE WASTES
C-15.. Incompatible wastes listed in attached Table 1 may be stored at the
facility.
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VI-14
C-16. Incompatible wastes or incompatible wastes and materials shall not be
stored in the same container unless the requirements of General Condi-
tion of this permit are complied with. [264.'177(a)3
C-17. Hazardous waste shall not be placed in an unwashed container that
previously held an incompatible waste or material. [264.177(b)]
C-18. Any storage container holding hazardous waste that is incompatible
with any waste or other materials stored nearby -in other containers,
waste piles, surface impoundments or open tanks, shall be separated
from the other materials or protected from them by means of a dike,
berm, wall, or other device. [264.177(c)]
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VI-15
CONDITIONS THAT APPLY TO THE USE AND MANAGEMENT OF TANKS FOR TREATMENT OR
STORAGE OF HAZARDOUS WASTE AS REGULATED IN 40 CFR PART 264, SUBPART J.*
GENERAL OPERATING REQUIREMENTS
T-l. All hazardous waste storage or treatment tanks shall be designed,
equipped, operated and maintained such that sufficient shell strength
and, for closed tanks, pressure controls are provided to assure that
they do not rupture or collapse. The minimum shell thicknesses speci-
fied for each tank in Table T shall be maintained at all times. At
any time liquid levels shall not exceed any maximum depths specified
in Table T nor reduce the freeboard in any uncovered tanks below the
values specified. [264.191 and 264.192]
T-2. Overfilling of tanks shall be prevented by the use of the control
mechanism specified in Table T for each tank. These control mechanisms
shall be maintained in good operating condition at all times. [264.192(5)]
T-3. Only those hazardous wastes or types of wastes specified in Table T
for each tank shall be treated or stored in that tank. [122.29(a)]
T-4. In addition to Condition T-3, wastes or other materials (e.g., treat-
ment reagents) which are incompatible with the material of construction
of a tank shall not be placed in that tank unless the tank is protected
from accelerated corrosion, erosion or abrasion by a fully intact inner
lining or coating of compatible materials or alternate means of pro-
tection. C264.192(a)]
INSPECTIONS
T-5. At least once per operating day the permittee shall inspect the fol-
lowing:
a. The overfilling control equipment to ensure that it is in good
working order. [264.194(a)(l)]
b. The data gathered from monitoring equipment, where present, to
ensure that each tank is being operated according to its design.
[264.194(a)(2)]
c. The waste level in each uncovered tank to ensure compliance with
maximum depth and/or minimum freeboard requirements. [264.194(a)(3)]
T-6. At least weekly the permittee shall inspect the following:
a. The construction materials of the above ground portions of each
tank to detect corrosion or erosion and leaking of fixtures and
seams. [264.194(a)(4)]
b. The area immediately surrounding each tank to detect obvious
signs of leakage (e.g., wet spots or dead vegetation). [264.194
These Conditions do not apply to covered underground tanks that cannot
be entered for inspection. [264.190(b)]
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VI-16
T-7. In addition to the regular inspections specified in conditions T-5
and T-6, the permittee shall conduct periodic comprehensive inspec-
tions of each tank to detect cracks, leaks, corrosion or erosion that
may lead to crack or leaks, or wall thinning to less than the thick-
ness specified in Table T. Schedules and procedures for such inspec-
tions are detailed in the attached Inspection Schedule. [264.194(b)]
CORRECTION OF DEFICIENCIES
T-8. Any deterioration or malfunction of equipment or structures
(including leaks, cracks and wall thinning in violation of condition
T-l) revealed by the inspection shall be remedied by the permittee on
a schedule which ensures that the problem does not lead to an environ*
mental or human health hazard. Where a hazard is imminent or has
already occurred, remedial action must be taken immediately.
[264.15(c)3
T-9. Any leaks or spills of waste from tanks or ancillary equipment shall
be expeditiously cleaned up and the cause of the leak or spill
remedied (including removal of waste from the tank if necessary)
following the procedures and timing prescribed in the attached
Contingency Plan. [264.194(c)]
CLOSURE
T-10. At closure, all hazardous waste and hazardous waste residues shall '
be removed from tanks, discharge control equipment, and discharge
confinement structures. Closure must be performed in accordance with the
attached Closure Plan. £264.197]
SPECIAL REQUIREMENTS FOR IGNITABLE OR REACTIVE WASTES
T-ll. Ignitable wastes listed in the attached Wastes Table may be stored at
the location(s) shown in the attached sketch.
T-12. Ignitable or reactive wastes must not be placed in any tank unless
the following conditions are met:
a. The waste is treated, rendered or mixed before or immediately
after placement in the tank so that (1) the resulting waste,
mixture, or dissolution of material no longer meets the defini-
tion of igm'table or reactive waste under 40 CFR 261.21 or
261.23, and (2) General Condition _______ of this permit is
complied with; or
b. The waste is stored or treated in such a way that it is protected
from any material or conditions which may cause the waste to
ignite or react; or
c. The tank is used solely for emergencies. [264.29S(a)]
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VI-17
T-13. Ignitable or reactive wastes must not be stored in covered tanks
unless the National Fire Protection Associations (NFPA's) buffer
zone requirements for tanks, contained in Tables 2-1 through 2-6
of the "Flammable and Combustible Code - 1977", are complied
with. [264.198(b)]
SPECIAL REQUIREMENTS FOR INCOMPATIBLE WASTES
T-14. Incompatible wastes listed in attached Table X may be stored at the
facility.
T-15. Incompatible wastes, or incompatible wastes and materials, must not
be placed in the same tank unless General Condition ______ of this
permit is complied with. [264.199(a)]
T-16. Hazardous waste must not be placed in an unwashed tank which pre-
viously held an incompatible waste or material unless General
Condition of this permit is complied with. [264.199(b)]
-------
VI-18
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-------
VI-19
CONDITIONS THAT APPLY TO THE USE AND MANAGEMENT OF SURFACE IMPOUNDMENTS
FOR THE TREATMENT OR*STORAGE OF HAZARDOUS WASTES AS REGULATED IN 40 CFR
PART 264, SUBPART K.
GENERAL OPERATING REQUIREMENTS
5-1. All surface impoundments containing hazardous wastes shall be designed,
operated and maintained to prevent discharge into the land and ground*
water during the life of the impoundment by the use of a containment
system meeting the requirements of 40 CFR 264.223 and described in an
attachment to this permit. Discharge to surface waters shall also be
prevented unless specifically authorized in the Other Requirements of
this permit. C264.221(c)].
S-2. The impoundment shall be designed and operated so that any flow of
waste into the impoundment can be immediately shut off in the event
of overtopping or liner failure. £264.221(b)].
S-3. Only those hazardous wastes or types of wastes specified in Table S
for each surface impoundment shall be treated or stored in that im-
poundment. [122.29(a)].
S-4. The surface impoundment shall be operated to prevent any overtopping
due to wind and wave action, overfilling, precipitation, or any combi-
nation thereof. [264.222(a)].
S-5. The surface impoundment shall be operated to maintain at least 60 cen-
timeters (2 feet) of freeboard unless a different amount of freeboard
is specified in the Other Requirements of this permit. C264.222(b)].
S-S. All earthen dikes shall be designed and maintained with sufficient
structural integrity to prevent massive failure without dependence
on any liner system included in the surface impoundment design.
[264.221(d)].
S-7. All earthen dikes shall be kept free of:
a. Perennial woody plants with root systems which could displace
the earthen materials upon which the structural integrity of
the dike is dependent; and
b. Burrowing mammals which could remove earthen materials upon
which the structural integrity of the dike is dependent or
create leaks through burrows in the dike.
S-8. A protective cover, such as grass, shale or rock, shall be provided
and maintained on all earthen dikes to minimize wind and water erosion
and to preserve the structural integrity of the dike. [264.223(a)].
These conditions do not apply to surface impoundments used for disposal
of hazardous wastes or-that discharge to land or groundwater.
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VI-20
S-9. All run-on shall be diverted away from surface impoundments.
[264.222(e)].
S-10. A leachate detection, collection and removal system shall be provided
as part of the containment system for each surface impoundment as de-
scribed in an attachment to this permit. Each leachate system shall be
designed, operated and maintained so that liquid will flow freely from
the collection system to prevent the creation of pressure head within
the collection system in excess of that necessary to cause the liquid
to flow freely. All collected leachate shall be removed as it accumu-
lates or with sufficient frequency to prevent backwater within the col-
lection system. [264.221(e) and 222(c)J.
S-ll. Any material removed from the leachate collection system (if it
meets the definition of a hazardous waste in 40 CFR Part 261) shall
be returned to the surface impoundment, transferred to other hazardous
waste management units included in this permit, managed in some other
way that complies with applicable requirements of 40 CFR Parts 262-266
or complies with the Other Requirements of this permit.
INSPECTIONS
S-12. The permittee shall inspect a surface impoundment which contains
free liquids at least once each operating day to ensure compliance
with provisions S-5, S-6 and S-10 and to detect any leaks or other
failures of the impoundment. [264.226(b)(l)].
5-13. The permittee shall inspect each surface impoundment, including
dikes, bertns and vegetation surrounding the dike, at least once a week
and after storms to detect any evidence of or potential for leaks from
the impoundment, erosion of dikes, and to ensure compliance with pro-
vision S-7. [264.226(b)(2)].
S-14. Whenever there is any indication of a possible failure of the contain-
ment system, the permittee shall inspect that system in accordance with
the provisions of the containment system evaluation and repair plan de-
scribed in the attached Contingency Plan. [264.227(a)].
CONTAINMENT SYSTEM REPAIRS
S-1S. Whenever there is a positive indication of a failure of the contain-
ment system (e.g., an unplanned sudden drop in liquid level in the im-
poundment, waste detected in the leachate detection system, active leak-
age through the dike, or a breach, such as a hole, tear, crack or sep-
aration, in the liner system), the impoundment shall be removed from
service. To remove the impoundment from service the permittee must:
a. Immediately shut off the flow of or stop the addition of
wastes into the impoundment;'
b. Immediately contain any leakage which has occurred or is occurring;
c. Immediately cause the leak to be stopped;
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VI-21
d. If the leak cannot be stopped by any other means, empty the im-
poundment; and
e. Take any additional actions prescribed in the attached Contingen-
cy Plan. [264.227(b, c and d)].
S-16. No surface impoundment that has been removed from service in accord-
ance with provision S-15 may be restored to service unless:
a. The containment system has been repaired in accordance with the
attached Contingency Plan; and
b. The containment system has been certified by a qualified engineer
as meeting the approved design specifications attached to this
permit. [264.227(d)(2) and (e)].
CLOSURE
5-17. At closure, all hazardous waste and hazardous waste residues shall
be removed from the impoundment. Any component of the containment
system or any appurtenant structures or equipment (e.g., discharge
platforms and pipes, and baffles, skimmers, aerators or other equip-
ment) containing or contaminated with hazardous waste or hazardous
waste residues shall be decontaminated or removed. Closure shall be
performed in accordance with the attached Closure Plan. [264.228].
S-1S. A surface impoundment that has been removed from service in accord-
ance with provision S-15 and that is not being repaired shall be closed
in accordance with provision S-17. [254.227 (f)]
SPECIAL REQUIREMENTS FOR IGNITABLE OR REACTIVE WASTES
S-19. Igm"table or reactive waste shall not be placed in a surface impound-
ment unless:
a. The waste is treated, rendered, or mixed before or immediately
after placement in the impoundment so that:
1. The resulting waste, mixture, or dissolution of material no
longer meets the definition of ignitable or reactive wastes under
40 CFR Part 261.21 and 261.23; and
2. The permittee complies with the requirements of General Con-
dition of this permit; 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. [264.229].
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VI-22
SPECIAL REQUIREMENTS FOR INCOMPATIBLE WASTES
S-20. Incompatible wastes or Incompatible wastes and materials shall not
be placed in the same surface impoundment unless the requirements of
General Condition ____ of this permit are complied with. £264.230].
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VI-23
CONDITIONS THAT APPLY TO THE USE AND MANAGEMENT OF WASTE PILES FOR THE
TREATMENT pR STORAGE OF HAZARDOUS WASTES AS REGULATED 8Y 40 CFR PART 264,
SU8PART L.
GENERAL OPERATING REQUIREMENTS
P-l. All waste piles containing hazardous wastes shall be designed, operated,
and maintained to prevent discharge into the land, surface water, or
groundwater during the life of the pile by use of a containment system
which complies with the requirements of 40 CFR Part 264.253 as described
in an attachment to this permit. [264.251(b)].
P-2. All waste piles shall be designed, operated, and maintained to control
dispersal of the waste by wind, where necessary, or by water erosion.
Any specific control practices listed in the Other Requirements of this
permit shall also be followed. [264.251(a) and 252(a)J.
P-3. Run-on shall be diverted away from all waste piles. [264.252(b)].
P-4. All leachate and run-off from waste piles must be collected and con-
trolled. If the collected leachate or run-off meets the definition of
a hazardous waste in 40 CFR Part 261, it shall be transferred to other
hazardous waste management units included in this permit, managed in
some other way that complies with applicable requirements of 40 CFR
Part 262-266 or complies with the Other Requirements of this permit.
C264.252(c)].
P-5. If the containment system for the waste pile includes a leachate de-
tection, collection and removal system beneath the base, the leachate
system shall be designed and operated to detect, contain, collect, and
remove any discharge from the base. All collected leachate shall be
removed as it accumulates or with sufficient frequency to prevent back-
water within the collection system. [264.253(a)(3)].
P-6. Only those hazardous wastes or types of wastes specified in Table WP
for each waste pile shall be treated or stored in that pile.
C122.29(3)3.
P-7. The containment system shall be protected from plant growth which could
puncture any component of the system. [264.253(c)3-
INSPECTIONS
P-8. Periodic inspections shall be conducted of the waste pile, exposed
portions of the base and/or liner, facilities for collection and man-
agement of leachate and runoff, and the leachate detection and collec-
tion system (if any) in accordance with the attached Inspection Sched-
ule. [264.15].
These conditions do not apply to waste piles that are used for disposal
of hazardous wastes or that discharge to land or groundwater.
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VI-24
P-9. Whenever there is any indication of a possible failure of the contain-
ment system, that system shall be inspected in accordance with the
provisions of the containment system evaluation and repair plan de-
scribed in the attached Contingency Plan. [264.255(a)j.
CONTAINMENT SYSTEM REPAIRS
P-10. Whenever there is a positive indication of a failure of the contain-
ment system (e.g., waste detected in any leachate detection system
or a breach, such as a hole, tear, crack, or separation, in the base),
the waste pile shall be removed from service. To remove the pile from
service, the permittee must:
a. Immediately stop adding wastes to the pile;
b. Immediately contain any leakage which has or is occuring;
c. Immediately cause the leak to be stopped;
d. If the leak cannot be stopped by any other means, remove
the waste from the base; and
e. Take any additional actions prescribed in the attached
Contingency Plan. [264.255 (b, c, and d)].
P-ll. No waste pile that has been removed from service in accordance with
provision P-10 may be restored to service unless:
a. The containment system has been repaired in accordance with the
attached Contingency Plan; and
b. The containment system has been certified by a qualified engineer
as meeting the approved design specifications attached to this per-
mit. [264.255(d)(2) and (e)].
CLOSURE
P-12. At closure, all hazardous waste and hazardous waste residues shall be
removed from the pile. Any component of the containment system contam-
inated with hazardous waste or hazardous waste residues shall be decon-
taminated or removed. Closure shall be performed in accordance with the
attached Closure Plan.[264.258],
P-13. A waste pile that has been removed from service in accordance with
provision P-10 and that is not being repaired shall be closed in accord-
ance with provision P-12. £264.255(f)]
SPECIAL REQUIREMENTS FOR IGNITABLE OR REACTIVE WASTES
P-14. Ignitable or reactive waste shall not be placed in a pile unless:
a. Addition of the waste to an existing pile: -
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VI-25
1. Results in the waste or mixture no longer meeting the defi-
nition of ignitable or reactive waste under 40 CFR 261.21 or
261.23, and
2. The permittee complies with the requirements of General Con-
dition __ of this permit; or
b. The waste is managed in such a way that it is protected from any
material or conditions which may cause it to ignite or react.
[264.256(a)].
SPECIAL REQUIREMENTS FOR INCOMPATIBLE WASTES
P-15. Incompatible, wastes listed in the attached Table I may be stored at
this facility.
• /
P-16. Incompatible wastes or incompatible wastes and materials shall not be
placed in the same pile unless the requirements of General Condition __
of this permit are complied with. [264.257(a)].
P-17. A pile of hazardous waste that is incompatible with any waste or other
material stored nearby in other containers, piles, open tanks, or sur-
face impoundments must be separated from the other materials, or pro-
tected from them by means of a dike, berm, wall, or other device.
[264.257(b)3.
P-18. Hazardous waste must not be piled on the same base where incompatible
wastes or materials were previously piled, unless the base has been de-
contaminated sufficiently to ensure compliance with General Condition
of this permit. £264.257(c)].
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Appendix J_[
Air Dispersion Modeling
Air quality modeling employs mathematical equations to relate the release of air
pollutants from point or multiple source(s) to the maximum concentration of that
pollutant to which humans are exposed in the ambient air at some ground level
point distant from the point of emission.
There are three levels of modeling analysis which can be carried out. The first
level, and the type requiring the least amount of information, is the screening
analysis. This model can be used for point sources of pollution under "worst
case" conditions dealing with short-term standards. It can give a YES/NO
answer as to whether a significant pollution problem exists. The second level
of modeling is the refined model analysis which uses actual data and offers a
more realistic (and complex) picture of possible discharges to the air. All
refined modelyds require computer-assisted analysis. The final level of analysis
is the special case model which should be used when dealing with specific
examples of discharge not adequately analyzed by the refined model (i.e.,
reactive pollutants^}).
Three types of data are needed when applying an air quality model. These include:
(1) Source Data: source coordinates, pollutant emission rate, stack height,
shape and dimension of release point, temperature of the plume at
release, velocity of the plume at release, and description of nearby
structures.
(2) Air quality data including background pollutant concentrations.
(3) Heterological data; wtoefi speed, wind direction, atmospheric stability,
^•^^^•^•^^^^^^^^^•V^HH—^^^M
mixing height, relative humidity, and solar radiation (if needed).
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The accumulated data Is then analyzed with respect to the appropriate model
«
equations and the ambient concentrations of pollutant which can occur are
predi cted.
The choice of dispersion model is related to the particular application of
interest (i.e., rural or urban setting, type of surrounding terrain, etc.).
The RAM analysis is a series of models useful for short-term and long-term
concentration estimates in flat, urban areas. This model can be used for
multiple and point source emissions, but is restricted to relatively stable air
pollutants. The CRSTER model is used for rural and urban areas in uneven
terrain. This model is applicable for point source emissions and a nonreactive
gas or aerosol, and calculates short- and long-term concentrations. For
further information concerning types of models, the reader is referred to the
references and to the EPA User's Network for Applied Models of Air Pollution
(UNAMAP).
References:
USEPA; Guidelines on Air Quality Models: Proposed Revisions. Office of
Air Quality , Research Triangle Park, NC, October, 1980.
USEPA; Air Quality Modeling. Office of Air Quality, Research Triangle
part, NC, September, 1980.
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Appendix \1
Water Quality Modeling
(RESERVED)
also see: February 5, 1981 and February 13, 1981, Federal Register for
additional comments.
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Appendix L
\
Exposure Estimates
Exposure estimates are determined at "worst case", or maximum levels. In this
way, a finding of no unreasonable risk at this highest level of exposure would
infer that the actual risk at realistic levels of exposure would be even less.
The following assumptions are made with respect to individual exposure:
(1) the intensity of exposure is calculated from the appropriate model (i.e.,
air dispersion)
(2) 20 cubic meters of air is inhaled per day by a 60 kg man (for air-borne
pollutants)
(3) 100% of the pollutant is inhaled and absorbed
(4) the frequency of exposure is 24 hours per day, seven days per week
(5) the duration of exposure is 40 years (average human lifetime)
When estimating population exposure, the following is assumed:
(1) the dispersion model determines the area around the pollutant source in which
the maximum concentration of pollutant falls
(2) the total population in that area as designated in(l) above is assumed to be
exposed to the maximum level of pollutant
It should be kept in mind that a risk assessment employing "worst case"
assumptions is an estimate of the upper level of risk possible.
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Appendix 'Jf
Determination of Risk
The methods employed in risk assessment have varied from agency to agency.
Therefore, while a specific technique has not been recommended in these
guidelines, some examples of estimating risk have been included.
The qualitative estimation of risk for carcinogens involves the calculation of
a safety factor. The safety factor is arrived at by dividing the lowest dees-
which has induced a health effect (e.g., cancer, etc.) by the highest predicted
dosage of the toxic substance of interest. A very large safety factor infers
that the health effect of interest would not result from the predicted exposure
concentration.
The quantitative estimation of risk for carcinogens can be based on EPA "dose
response" models. In this type of assessment, the extra risk due to exposure
to a chemical is equal to the exposure concentration times a proportionality
constant, 8^. BH is obtained from dose response data for human and animal
studies of the chemical, and has been calculated for 21 chemical carcinogens by
the EPA Cancer Assessment Group (CAG). Generally, a calculated risk of greater
than 10"9 is considered unacceptable. A risk which falls between 10~4 and
10"7 falls in the area of cost-benefit analysis. Any gal cualtod-risk which is
greater than 10~7 would not be considered serious enough to regulate.
The assessment of non-carcinogens can be done using a threshold concept so that
a risk to health would be acceptable if the exposure is less the threshold value.
Such threshold concentrations can be found in Threshold Limit Value (TLV)
listings.
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Financial Instrument Inventory Sheet
•eceived
registered - YES NO
Sealed - YES NO
Instrument (one sheet for each instrument)
Trust Standby Trust trustee
Letter of Credit issuer
Surety Bond surety
Insurance insurer
Self Insurance
aud1tor_
guarantor (if any)
Financial Test auditor.
guarantor (if any)
Facilities -
I.D.f
I.D.#'s logged on printout -
Forwarded to FRS -
Received and Secrued by FRS -
date
date
$ AMOUNT
initials
initials
date initials
RAIS - file copy by Date Received. FRS - file original by institution
Appendix )5"
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FINANCIAL'INSTRUMENT"CHECKLIST
ID # : Date Received
Name
operator
address
Name
owner
address
DOCUMENT
Acceptable Not acceptable (explain See 265.15.)
INSTITUTION(S)
Trustee .
#880
Other institution (surety, insurer, bank (letter of credit), auditor)
#T80
#180
#B80
#A80
$ AMOUNTS
Instrument ($) Facility Type T S D
Annual sales audited D & B
Instrument amount plausible? (Show calculations on reverse) Yes No
reviewer signature, date
Appendix
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Closure (Post-Closure) Cost Calculations
FACILITY
Containers
! Tanks
AL
Waste Pile
Surface Impoundment
JNMENT Waste Pile
iNTLING Tanks
TAMI- Incinerator
'ION
Land Treatment
Landfill
INANCE
Landfill
'OR ING
Underground Infection
CAPACITY
[ ] closure plan
[ ] permit application
.
$/UNIT
SUBTOTAL
CALCULATED COST
inflation adjustment calculated closure cost
(NOTE: Worksheet to be added for financial test)
(Pricing scheme still under development)
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Sampling Plan Checklist
1. Background research concerning waste
2. Identify safe sampling equipment
3. Identify safe sampling procedures:
a. proper location(s)
b. volume of samples
c. collection procedure
d. containment and handling
4. Review chain of custody procedures
5. Review packaging, labelling and shipping
requirements:
a. identify samples
b. protect from tampering
c. fill out field notebook
d. complete sample analysis request
sheet
e. complete receipt of sample form
6. Arrange for sample delivery
Appendix 17
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SAMPLING POINTS FOR MOST WASTE RECEPTACLES
Receptacles
rum, bung on one end
rum, bung on side
Sampling Point
arrel, ffberdrum,
tickets, sacks, bags
acuum truck and similar
ontainers
and, pit, lagoons
Withdraw sample through the bung opening.
Sample drums only if they are laying on
side with bung up. Withdraw sample through
the bung opening.
Withdraw samples through the top of barrels,
fiberdrums, buckets, and similar receptacles.
Withdraw samples through fill openings of
bags and sacks. Withdraw samples through
the center of the receptacles and to different
points diagonally opposite the point entry.
Withdraw sample through open hatch. Sample
all other hatches.
Divide surface area into an imaginary grid3.
Take three samples, if possible; one sample
near surface, one sample at mid-depth or at
center, and one sample at the bottom. Repeat
the sampling at each grid section over the
entire pond or site.
aThe number of grid sections is determined by the desired number of samples
5 be collected which, when combined, should give a representative sample of wastes.
Source: de vera et al, "Sampling Procedures for Hazardous Wastestreams";
sdified slightly by Fred C. Hart Associates, Inc.
Appendix >8
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Waste pile
Storage tank
Soil
Withdraw samples through at least three dif-
ferent points near the top of pile to points
diagonally opposite the point of entry.
Sample from the top through the sampling hole.
Divide the surface area into an imaginary
grid2. Sample each grid section.
a See footnote on previous page.
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SAMPLE DRAFT PERMIT
PERMIT NO.
APPLICATION NO.
NAME OF PERMITTEE: OWNER/OPERATOR
EFFECTIVE DATE
EXPIRATION DATE
RESOURCE CONSERVATION AND RECOVERY ACT PERMIT
In reference to the above application for a permit authorizing
the storage of hazardous waste in compliance with the provisions of
The Resource Conservation and Recovery Act, as amended (hereinafter
referred to as "the Act"), the X & 0 Corp, 33 Backcourt St., New York,
N.Y. (hereinafter referred to as "the permittee") is authorized by
the Regional Administrator, Region , United States Environmental
Protection Agency to store hazardous waste as described herein at its
facility located at
in accordance with the following conditions"!
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I. DURATION OF PERMIT
1. Duration of Permit (122.7)
This permit is issued for a period of years from this date
Therefore, it expires on .
II. PEKMIT COMPLIANCE
2. Duty to Comply (§122.7)
The permittee shall comply with all conditions of this permit.
The filing of a request by the permittee for a permit modification,
revocation and reissuance, or termination, or a notification of
planned changes or anticipated noncompliance, does not stay any
condition of this permit. Any permit noncompliance constitutes a
violation of the Act and is grounds for enforcement action
including permit termination, revocation and reissuance, or
modification or for denial of a permit renewal application.
In addition, criminal or civil actions may be brought in
appropriate instances.
A. The permittee need -not comply with the conditions of
this permit to the extent and for the duration such non-
compliance is authorized in an emergency permit.
B. It is not a defense in an enforcement action for a permittee
to assert that it would have been necessary to halt or
reduce the permitted activity in order to maintain compliance
with the conditions of this permit.
3. Imminent Hazard Action (§264.4)
Notwithstanding any other provisions of this permit,
enforcement actions may be brought pursuant to §7003 of
RCRA,
4. Duty to Mitigate (122.7)
The permittee shall take all reasonable steps to minimize or
correct any adverse impact on the environment resulting from
noncompliance with this permit.
III. I'KKSONNttL
5. Personnel Training (264.16)
The permittee will assure that facility personnel successfully
complete the attached training program. Facility personnel must
complete the program within six months after the date of their
employment or assignment to the facility, or to a new position at
the facility. Personnel must not work in unsupervised positions
until they have completed this training program and must take
part in an annual review of the required initial training.
6. Emergency Coordinator (264.55)
- The permittee will ensure that at all times there will be at
least one employee either on the premises or on call (i.e.,
available to respond to an emergency by reaching the facility
within a short period of time) with responsibility for coordinating
all emergency response measures. The emergency coordinator must
in addition to carrying out the responsibilities specified in
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§264.56, be thoirouyhly familiar with all aspects of the J
facility's contingency plan, all operations and activities at the
facility; and the location layout. In addition, this person must
have the authority to commit the resources needed to carry out
the attached contingency plan.
IV. PROPER"OPERATION AND MAINTENANCE
7. Proper Operation and Maintenance
a. The permittee must 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. This provision requires the
operation of backup or auxiliary facilities or similar
systems only when necessary to achieve compliance with
the conditions of this permit.
b. The permittee must maintain and operate the facility to
minimize the possibility of a fire, explosion, or any
unplanned sudden or non-sudden release of hazardous waste
or hazardous waste constituent to air, soil, and surface
water which could threaten human health or the enviroment.
Q. Testing and Maintenance of Equipment (264.33)
The permittee must test and maintain all facility
communications or alarm systems, fire protection equipment,
and any required spill control equipment to assure its
proper operation in time of emergency.
9- Security (§264.14)
The permittee must, prevent the unknowing entry, and '
minimize the possiblity for the unauthorized entry, of
persons or livestock onto the active portions of this
facility.
Note to Permit Writers; This condition may be waived on a
showing to the RA that the criteria of §264.2(a) and (b)
are met. This showing must be made as part of the
submission of the Part B application.
The facility must have: Note: the permit writer will
specify which of the
following systems (£1 or
- #2) will be used based on
the permittee's choice.
1. A 24-hour surveillance system which continuously
monitors and controls entry onto the active portion of
the facility; or
2. An artificial or natural barrier which completely
surrounds the active portion of the facility and
a means to control entry, at all times, through gates
or other entrances to the active portion of the
facility.
In.additon, the facility must post a sign with the legend
"Danger-Unauthorized Personnel Keep Out", at each entrance to
the active portion of the facility, and at other locations, in
sufficient numbers to be seen frqm any.aporoachLto this active
portion. This legend must be written in English and in any other
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~ ~ ~ language predominant in the area surrounding the facili
and must be legible from a distance of at least 25 feet
Existing signs with a legend other than "Danger-Unautho
Personnel Keep Out" may be used if the legend on the si<
indicates that only authorized personnel are allowed to
the active portion, and that entry onto the active port:
can be dangerous.
10. Access to communications or alarm
system (264.34) [this provision may be waived pursuant to §264.'.
Whenever hazardous waste is being poured, mixed, spread,
or otherwise handled, the permittee must ensure that ai;
personnel involved in the operation will have immediate
access to an internal alarm or emergency communication
device, either directly or through visual or voice
contact with another employee.
11. Required Aisle Space (264.35) [this provision may be waive*
pursuant to §264.32]
The permittee must maintain aisle space to allow the
unobstructed movement of personnel, fire protection
equipment, spill control equipment, and decontamination
equipment to any area of facility operation.
12. General Inspection Requirements (264.15)
a. The permittee must inspect the facility as per the
attached inspection plan for malfunctions and deteriora-
tion, operator errors and discharges which may be
causing—or may lead to— (1) release of hazardous
waste constituents to the environment or (2) a threat tc
human health.
b. The permittee must follow the attached written schedule
for inspecting monitoring equipment, safety and emergent
equipment, security devices, and operating and structure
equipment (such as dikes and sump pumps) that are import
to preventing, detecting, or responding to environmental
or human health hazards. The permittee must keep this
schedule at the facility.
c. The permittee must remedy any observed deterioration or
malfunction of equipment or structure to ensure that thi
problem does not lead to an environmental or human healt
hazard. Where a hazard is imminent or has already
occurred, remedial action will be taken immediately.
d. The permittee must record inspections in an inspection
log or summary. The log or summary shall be kept for at
least three years from the date of inspection. At a
minimum, these records will include the date and time of
the inspection, the name of the inspector, a notation of
the observations made, and the date and nature of any
repairs or other remedial actions.
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13. General Requirements for iqnitable, reactive (264.17)
~ "or "Incompatible wastes [Only if permittee handles
ignitable, reactive, or
incompatible wastes]
Al The permittee must take precautions to prevent accidental
ignition or reaction of ignitable or reactive waste. This
waste will be separated and protected from sources of
ignition or reaction including, but not limited to: open
flames, smoking/ cutting and welding, hot surfaces,
frictional heat, sparks (static, electrical, or mechani-
cal), spontaneous ignition (e.g., from heat-producing
chemical reactions) and radiant heat. When ignitable or
reactive waste is being handled, the permittee will con-
fine smoking and open flame to the following designated
locations: (give locations in facility) "No smoking" signs
will be placed wherever there is a hazard from ignitable or
reactive waste.
B. The permittee must take precautions to prevent reactions
which:
(1) generate extreme heat or pressure, fire or
explosions, or violent reactions;
(2) produce uncontrolled toxic mists, fumes, dusts,
or gases in sufficient quantities to threaten
human health or the environment;
(3) produce uncontrolled flammable fumes or gases
in sufficient quantities to pose a risk of fire
or explosions;
(4) damage the structural integrity of the device or
facility; or
(5) through other like means threaten human health or
the environment.
14. Was to Analysis Plan
The permittee must follow the attached written waste
analysis plan and must keep this plan at the facility.
15. Purpose and Implementation of Contingency Plan (264.51)
The permittee must immediately carry out the provisions
of the attached contingency plan whenever there is a
fire, explosion, or release of hazardous waste or
hazardous waste constituents which could threaten human
health or the environment.
16. Copies of Contingency Plan (264.53)
The permittee must keep a copy of the attached contingency
plan and all revisions of this plan at the facility and
will'submit the plan and all revisions to all local fire
departments, hospitals, and State and local emergency
-------
~ - ~ response teams that may be called upon to provide emergi
services.
17. Amendment of Contingency Plan (S264.54)
The permittee must review/ and immediately amend if neo
the attached contingency plan, whenever:
(1) the permit is revised;
(2) the plan fails in an emergency;
(3) the facility changes — in its design, construc-
tion, operation, maintenance, or other circum-
stances — in a way that materially increases
the potential for fires, explosions, or releases
of hazardous waste or hazardous waste constituents,
or changes the response necessary in an emergency;
(4) the list of emergency coordinators changes; or
(5) the list of emergency equipment changes.
[Note: a change in the lists of facility emergency
coordinators or equipment in the contingency plan
constitutes a "minor modification" to the permit to
which the plan is a condition.]
18. Arrangements with local authorities (264.37)
A. The. permitt.ee has made the. following arrangements
with local authorities:
Note To Permit Writers: Cite All Arrrangemehts and Atta
Them To The Permit As Follows:
(1) Arrangements made to familiarize police, fire depar
and emergency response teams with the layout of the
facility, properties of hazardous waste handled at
the facility and associated hazards, places where
facility personnel will normally be working, entran
to and roads inside the facility, and possible
evacuation routes;
(2) Agreements designating primary emergency authority
a specific police and a specific fire department,
and agreements with any others to provide support b
the primary emergency authority;
(3) Agreements with State emergency response teams,
emergency response contractors, and equipment
suppliers; and
(4) Arrangements to familiarize local hospitals
with the properties of hazardous waste handled
at the facility and the types of injuries or
illnesses which could result from fires,
explosions, or releases at the facility.
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B. Where State or local authorities decline to enter into
such arrangements, the permittee must document the
refusal in the operating record.
V. MONITORING
79. Monitoring
A. All samples and measurements taken for the purpose of
monitoring must be representative of the monitored
activity. [NOTE TO PERMIT WRITERS: STATE THE SPECIFIC
ACTIVITY IN LIEU OF THE WORDS "MONITORED ACTIVITY".]
VI. RECORDS
20. Records
A. Monitoring Record
The permittee must retain records of all monitoring
information, including all calibration and maintenance
records and all original strip chart recordings for
continous monitoring instrumentation, copies of all
reports required by this permit, and records of all data
used to complete the application for this permit,
for a period of at least three years from the date
of the sample/ measurement, report or application.
This period may be extended by request of the Regional
Administrator at any time.
Q. Records of monitoring information must include:
(i) The date, exact place, and time of sampling or
measurements ;
(ii) The individual(s) who performed the sampling or
measurements;
(iii) The date(s) analyses were performed;
(iv} The individual (s) who performed the analyses;
(v) The analytical techniques or methods used; and
(vi) The result of such analyses.
C. Operating Kecord
The permittee must keep a written operating record
at the facility. The following information will
be recorded, as it becomes available, and maintained
in the operating record until closure of the facility:
(1) A description and the quantity of each hazardous
.waste received, and the method(s) and date(s) of
' its treatment/ storage, or disposal at the
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facility. (See Appendix I to 40 CFR Part 264);
(2) The location of each hazardous waste within
the facility and the quantity at each location,
and cross-references to specific manifest
document numbers, if the waste was accompanied by
a manifest; [include only for disposal facilities:
In addition, the location and quantity of each
hazardous waste must be recorded on a map or
diagram of each cell or disposal area;]
(3) Records and results of waste analysis performed;
(4) Summary reports and details of all incidents that
require implementing the contingency plan;
(5) Records and results of inspections (this data need
be kept only three (3) years;
(6) Any required notices to generators; [required only
for off-site facilities] and
(7) All closure cost estimates and for disposal
facilities, all post-closure cost estimates.
D. Manifests
Whenever the facility receives hazardous waste
accompanied .by a manifest, the permittee or his/her
agent must:
(1) Sign and date each copy of the manifest to
certify that the hazardous waste covered by the
manifest was received;
(2) Note any significant discrepancies in the
manifest on each copy of the manifest.
(3) Immediately give the transporter at least one copy
of the signed manifest;
(4) Within 30 days after the delivery, send a copy of
the manifest to the generators; and
(5) Retain at the facility a copy of each manifest for
at least three years from the date of delivery.
B. Manifest Discrepancies
Upon discovering a significant discrepancy (defined
in §264.72 as either for bulk waste, 10% in weight or
for batch waste, any variation in piece count), the
permittee will attempt to reconcile the discrepancy with
the waste generator or transporter. If the discrepancy
-------
is not resolved within fifteen (15) days after receiving
the waste the permittee will immediately submit to the
Regional Administrator a letter describing the discrepancy
and attempt to reconcile it, and a copy of the manifest
or shipping paper at issue.
F. Personnel Records
. The permittee must maintain the following documents
and records at the facility:
(1) The job title for each position at the facility
relating to hazardous waste management, the name of
the employee filling each job, and a written job
description for the position. This description, at a
minimum, will include the requisite skill, education,
other qualifications, and duties of employees assigned
to each position;
(2) A written description of the amount and type of
both introductory and continuing training that
will ho given to each person filling a position
relating to hazardous waste management; and
(3) Records documenting that the required training
has been given to, and successfully completed by,
facility personnel.
G. Training Records
Training records on current personnel must be kept
until closure of the facility; training records on .former
employees must be kept for at least three years from the
date the employee last worked at the facility. Personnel
training records may accompany personnel transferred
within the same company.
21. Availability, retention, and disposition of records (264.74)
A. The permittee must furnish all required records, including
plans upon request and will make these records available
at all reasonable times for inspection, by any officer,
employee, or representative of EPA who is duly designated
by the Administrator.
B. The retention period for all required records is extended
automatically during the course of any unresolved enforce-
ment action regarding the facility or as required by
the Regional Administrator.
C. The permittee must submit a copy of all records of waste
disposal locations and quantities to the Regional Administra
and local land authority upon closure of the facility.
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VII. GOVERNMENT INSPECTION AND ENTRY
22. Government Inspection and Entry
The permittee must allow the RA or an authorized repre
tative upon the presentation of credentials and other
documents as may be required by law, to:
A. Enter at reasonable times upon the permittee's premi.
where a regulated facility or activity is located or
conducted or where records must be kept under the cone
of this permit;
B. Have access to and copy, at reasonable times, any re<
that must be kept under the conditions of this permit
C. Inspect at reasonable times any facilities, equipment
(including monitoring and control equipment), practic
or operation regulated or required under this permit,
and
0. Sample or monitor at reasonable times, for the purpo
of assuring permit compliance or as otherwise author:
by the Act, any substances or parameters at a locatic
VIII. REPORTING REQOIREMENTS
23. Reporting Requirements
A. Duty to Provide Information
The permittee must furnish to the Regional Administr.
within a reasonable time, any information which the
Regional Administrator may request to determine wheti
cause exists for modifying, revoking and reissuing
or terminating this permit, or to determine compliam
with this permit. The permittee shall also furnish
the RA, upon request, copies of records required to I
kept by this permit.
B. Planned Changes
The permittee must give notice to the RA as soon as
possible of any planned physical alterations or addi
to the permitted facility.
C. Anticipated Noncompliance
The permittee must give advance notice to the Region,
Administrator of any planned changes in the permittee
facility or activity which may result in noncompliam
with permit requirements.
D. Transfers
This permit is not transferable to any person except
after notice to the Regional Administrator. The Regio
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Administrator may require modification or a "minor
modification" or revocation and reissuance of the permit
to change the name of the permittee and incorporate such
other requirements as may be necessary under the Act.
^' Signatory Requirements
All reports required by this permit and any other infor-
mation requested by the RA must be signed as follows:
(NOTE TO PERMIT WRITERS: FILL IN THE APPROPRIATE METHOD
PRECISELY AS REQUIRED BY §'122. 6.)
P. Compliance Schedules
Reports of compliance or noncompliance with/ or any
progress reports on interim and final requirements
contained in any compliance schedule of this permit must
be submitted no later than fourteen days following each
scheduled date.
G. Twenty- four Hour Reporting
The permittee must report any noncompliance which
may endanger health or the environment. Any information
shall be provided orally within 24 hours from the time
the permittee becomes aware of the circumstances.
(i) The following must be reported orally within 24 hours
* under .paragraph G:
(a) Information concerning release of any hazardous
waste that may cause an endangerment to public
drinking water supplies.
(b) Any information of a release or discharge of hazardou
waste, or of a fire or explosion from a HWM facility,
which could threaten the environment or human health
outside the facility. The description of the occuren
and its cause shall include: •
(i) Name, address, and telephone number of the owne
or operator;
(ii) Name, address, and telephone number of the faci
(iii) Date, time, and type of incident;
(iv) Name and quantity of material (s) involved;
(v) The extent of injuries, if any;
(vi) An assessment of actual or potential hazards tc
the environment and human health outside the
facility, where this is applicable; and
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(vii) Estimated quantity and disposition of recove
material that resulted from the incident.
A written submission must be provided within 5 days of
any orally reported noncompliance. The written submission mus
contain a description of the noncompliance and its cause; the
date and time(s), and if the noncompliance has not been correc
the anticipated time it is expected to continue; and steps tak
or planned to reduce, eliminate, and prevent reoccurence of th
noncompliance.
H. Other Noncompliance
The permittee must report all instances of noncompl
not reported under paragraphs (A), (C), (F), and (G
above at the time monitoring reports are submitted.
reports shall contain the information listed in
paragraph (G) of this condition.
I. Mandatory Notification Procedures (264.12)
i) The permittee must notify the Regional Administr
in writing at least four (4) weeks in advance of
•the date the permittee expects to receive hazard
waste from a foreign source. Notice of subseque
shipments of the same type of hazardous waste fr
the same foreign source is not required.
ii) Prior to receiving hazardous waste from an off-s
source (except where the permittee is also the
generator), the permittee must inform the genera
in writing that he has the appropriate permit(s)
for, and will accept, the waste the generator
is shipping. The permittee must keep a copy of
this written notice as part of the operating
record.
iii) Prior to transferring ownership or operation ot"
the facility during its operating life, or of a
disposal facility during the post-closure care
period, the permittee must notify the new owner
operator in writing of the requirements of 40 CF
Parts 264 and 122.
J. Annual Report (264.75)
^ir-% A. The permittee must prepare and submit a single c
v~:'!G; °f an annual report to the Regional Administrate
'':/•:'••'- ' by March first of each year. The report form am
,-;'./-.,:i- instructions in Appendix II of 40 CFR Part 264
must be used for this report. The annual report
will cover activities during the previous calend,
year and must include the following information:
• (1) the EPA identification number, name, and add:
of the facility;
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(2) the calendar year covered by the report;
(4) the EPA identification number of each hazardous
waste generator from which the facility
received a hazardous waste during the year;
for imported shipments, the report must give
the name and address of the foreign generator
[for off-site facilities only];
(5) a description including the quantity of
each hazardous waste received during the year
listed by EPA identification number of each
generator [for off-site facilities only];
(6) the method of treatment, storage, or disposal
for each hazardous waste;
(7) the most recent closure cost estimate [and
for disposal facilities, the most recent
post-closure estimate]; and
(b) the certification signed by the permittee.
K. Onmanifested Waste Report (264.76) [For off-site facili
only]
A. If the facility, accepts hazardous waste for treatment,
storage, or disposal without an accompanying manifest
or shipping paper, then the permittee must prepare
and submit a single copy of a report to the Regional
Administrator within 15 days after receiving the waste,
unless the waste is excluded from the manifest requirement
The report form and instructions in Appendix II of 40 CFR
Part 264 will be used for this report. The report must
include the following information:
(1) the EPA identification number, name and address
of the facility;
(2) the date the facility received the waste;
(3) the EPA identification number, name and address
of the generator and the transporter if available;
(4} a description and the quantity of each unmanifested
hazardous waste received;
(5) the method of treatment, storage, or disposal of
each hazardous waste;
(6) the certification signed by the permittee or the
owner or his authorized representative; and
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(7) a brief explanation of-why the waste was unmanifesti
•_: if known. [Small quantities of hazardous waste
are excluded from regulation and do not require a
manifest. Where a facility receives unmanifested
.- hazardous waste, the permittee should obtain from
;~ each generator a certification that the waste
_.-£' qualifies for exclusion. Otherwise/ the permittee
. • should file an unmanifested waste report for the
;.; hazardous waste movement.
':• L. Additional Reports (264.77)
A. In addition to submitting the annual report and unmani.
waste reports, the permittee must also report to the Ri
Administrator:
^-- (1) releases, fires, and explosions; and
(2) facility closure.
IX. CLOSURE AND POST-CLOSURE CAKE
''~?'t 24. The permittee must follow the attached written closure
plan as embodied in attachment (identify the attachment)
:..,a which is expressly made a condition of this permit.
i 25. A copy of the approved closure plan and all revisions to
"^! the closure plan must be kept at the facility until closure
•"""."! is completed and certified.
26. The closure plan may be amended at any time during the acti
•-.r.J life of the facility (the active life of the facility is that
period during which wastes are periodically received). The own*
or operator must amend the plan whenever changes in operating
plans or facility design affect the closure plan/ or whenever
there is a change in the expected year of closure. When the
owner or operator requests a permit modification to authorize a
change in operating plans or facility design, he must request a
modification of the closure plan at the same time. If a permit
" j modification is not needed to authorize the change in operatic
plans or facility design, the request for modification of the
"^ closure plan must be made within 60 days after the change in
.-• V.j, plans or design occurs.
r _ -, ••
;:;..-: 27. The owner or operator must notify the Regional Administrate,
:-,.v at least 180 days prior to the date he expects to begin closure
•?:'_?: 28. When closure is completed, the owner or operator must submi
. "r- to the Regional Administrator certification both by the owner o
... operator and by an independent registered professional engineer
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that the facility has been closed in accordance with the
specifications in the approved closure plan.
*29.« The permittee shall follow the attached written post-closure
plan as embodied in attachment (identify the attachment) hereto
which is expressly made a condition of this permit.
*30. A copy of the approved post-closure plan and all revisions to
the post-closure plan must be kept at the facility until the
post-closure care period begins.
*31. The owner or operator may amend his post-closure plan at
any time during the active life of the disposal facility or
during the post-closure care period. The owner or operator must
amend his plan whenever changes in operating plans or facility
design, or events which occur during the active life of the
facility or during the post-closure period, affect his post-closurt
plan. He must also amend his plan whenever there is a change in
the expected year of closure.
*32. When a permit modification is requested during the active
life oC the facility to authorize a change in operating plans or
facility design, modification of the post-closure plan must be
requested at the same time. In all other cases, the request for
modification of the post-closure plan must be made within 60 days
after the change in operating plans or facility design or the
events which affect his post-closure plan occur.
*33. The permittee shall continue post-closure care for 30 years
after the date of completing closure.
*34. The permittee shall comply with security requirements set
forth in condition $9 until (fill in event, e.g. closure, post-
closure).
*35. Post-closure use of property on or in which hazardous wastes
remain after closure must never be allowed to disturb the integrity
of the final cover, liner(s), or any other components of any
containment system or the function of the facility's monitoring
systems.
*36. Within 90 days after closure is completed, the owner or
operator of a disposal facility must submit to the local zoning
authority or the authority with jurisdiction over local land use
and to the Regional Administrator a survey plat indicating the
location and dimensions of landfill cells or other disposal areas
with respect to permanently surveyed benchmarks. This plat must
be prepared and certified by a professional land surveyor. The
plat filed with the local zoning authority or the authority with
jurisdiction over local land use must contain a note, prominently
displayed, which states the owner's or operator's obligation to
*These provisions apply only to disposal facilities.
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restrict disturbance of the site as specified in the post-closure
plan embodied in attachment (identify- the attachment). In
addition, the owner or operator must 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
area of the facility. For wastes disposed of before these
regulations were promulgated, the owner or operator must identify
the type, location and quantity of the wastes to the best of
his knowledge and in accordance with any records he has kept.
Any changes in the type, location, or quantity of hazardous
wastes disposed of within each cell or area of the facility that
occur after the survey plat and record of wastes have been
filed must be reported to the local zoning authority or the
authority with jurisdiction over local land use and to the
Regional Administrator.
*37. The owner of the property on which a disposal facility
is located must record, in accordance with State law, a notation
on the deed to the facility property—or on some other instrument
which is normally examined during title search—that will in
.perpetuity notify any potential purchaser of the property that:
(1) The land has been used to manage hazardous wastes;
(2) Its use is restricted under §264.117(c); and
(3) The survey plat and record of the type, location, and
quantity of hazardous wastes disposed of within each cell or
area of the facility required in §265.119 have been filed with
the local zoning authority or the authority with jurisdiction
over local land use and with the Regional Administrator of the
Enviornmental Protection Agency.
If at any time the owner or operator or any subsequent owner of
the land upon which a hazardous waste facility was located
removes the waste and waste residues, the liner, if any, and all
contaminated underlying and surrounding soil, he may remove the
notation on the deed to the facility property or other instrument
normally examined during title search, or he may add a notation ir
the deed or instrument indicating the removal of the waste.
*These provisions apply only to disposal facilities.
X. FINANCIAL RESPONSIBILITY Permit Writers;
(See page 67-69 for
specific guidance or
these conditions}
33. The permittee must comply with the attached regulations,
40 CFR Part 264, Subpart H, as embodied in attachment (identify
the attachment which should include 46 F.R. 2851 et. seq. and
all amendments prior to permit issuance) hereto which is expressly
made a condition of this permit.
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I?
39. Proof of financial responsibility is attached to this permit
as attachment (identify the attachment). A subsequent alternative
demonstration of financial responsibility may be substituted for
the'demonstration as in attachment (identify the attachment).
Pursuant to the regulations in attachment (identify the attachment
Proof of such alternative demonstration is submitted to the
Regional Administrator.
**40. [To comply with the requirements of 40 CFR Sec. 264.147{a),
as embodied in attachment (identify the attachment) the permittee
must demonstrate and maintain financial responsibility for sudden
sudden occurrences in the amount of at least (fill in the $ amount
with an annual aggregate of at least 5(fill in the amount)/
exclusive of legal defense costs.]
***41. The permittee must demonstrate financial responsibility for
nonsudden occurrences in the amount of at least $3 million per
occurrence with an annual aggregate of at least $6 million (These
amounts will differ if there is a variance or upward adjustment)
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Considerations Involved in Writing Closure and Post-Closure
and Financial Responsibility Permit Conditions
Certain provisions of Subpart G (Closure and Post-Closure)
and Subpart H (Financial Requirements) do not apply to all
treatment, storage, or disposal facilities. In addition/
there .are considerations which the permit writer should be
aware of when writing the permit. The following material
outlines these concerns.
x Citation to Federal Register; Subpart H, as set forth
in 46 P.R. 2851, is cited to in the permit. The permit
writer should ensure that citations to the Federal Register
include any amendments to Subpart H prior to the issuance of
the permit.
x Closure Plan; §264.25(a) (13) requires a copy of the
closure plan to be included in the Part B application. The
closure plan should be approved during the permit issuance
process and attached to the permit.
x Post-Closure;The provisions of §264.117 (Post-closure
care and use of property), §264.118 (Post-closure plan;
amendment of plan), §264.119 (Notice to local land authority),
and §264.120 (Notice in deed to property) apply only to
permits for hazardous waste disosal facilities. §122.2S(a) (13)
requires a copy of the post-closure plan as part of the
Part B application^ The post-closure plan should be approved
during the permit issuance process and attached to the
permit.
x Closure and Post-Closure Cost Estimates; §122-25(a)(15)
requires the most recent closure cost estimate for the
facility, prepared in accordance with §264.142, to be
included in the Part B application. §122.25(a) (16) requires
the most recent post-closure cost estimate Cor disposal
facilities, prepared in accordance with §264.144, to be
included in the Part B application. The cost estimates
should be attached to the back of the permit.
x Closure and Post-Closure Financial Assurances; Financial
assurance for post-closure monitoring and maintenance applies
only to disposal facilities. §122.25(a)(15) and §122.25(a) (16)
require copies of the financial instrument £or closure and,
where applicable, post-closure to be submitted with Part B
of the permit application.
(a) If a trust fund is used to provide financial assurrance,
an originally signed duplicate of the trust instrument
must be sent to the Regional Administrator fay certified
mail.
(b) If a surety bond or letter of credit is used the
instrument must be delivered to the Regional Administrator
by certified mail*
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x Closure and Post-Closure Cost Estimates; §122.25(a)(15)
requires the roost recent closure cost 'estimate for 'the
facility, prepared in accordance with §264.142, to be
included in the Part B application. §122.25(a)(16) requires
the most recent post-closure cost estimate for disposal
facilities, prepared in accordance with §264.144, to be
included in the Part B application. The cost estimates
should be attached to the back of the permit.
x Closure and Post-Closure Financial Assurances; Financial
assurance for post-closure monitoring and maintenance applies
only to disposal facilities. §122.25(a)(15) and §122.25(a)(16)
require copies of the financial instrument for closure and,
where applicable, post-closure to be submitted with Part B
of the permit application.
(a) If a trust fund is used to provide financial assurrance,
an originally signed duplicate of the trust instrument
must be sent to the Regional Administrator by certified
mail.
(b) If a surety bond or letter of credit is used the
instrument must be delivered to the Regional Administrator
by certified mail.
(c) A surety bond or letter of credit must be effective
before the initial receipt of hazardous waste.
(d) The wording of the financial instrument must be
identical to the wording specified in §264.151 (except if a
state required mechanism is approved under §264.149).
(e) The financial instrument should be attached to the
permit.
x Liability Insurance; The requirement of liability
insurance, for sudden occurrences, §264.147(a), applies to all
treatment, storage, and disposal facilities. The requirement
of liability insurance for non-sudden occurrences, §264.147b),
applies only to owners or operators of a surface impoundment,
landfill, or land treatment facility. Under the provisions
of §264.147(e) the R.A. may determine that other facilities
warrant non-sudden coverage (e.g. Subpart S see page facilities)
in which case this condition should be included in the permit.
If during the permit issuance or permit modification process,
the Regional Administrator allows a downward variance,
(S264.147(d) ) or requires an upward adjustment (§264.147(e))
of the amount of financial responsibility required, the permit
should reflect the change.
§122.25(a)(17) requires a copy of the insurance policy
or other documentation which comprises compliance with the
requirements of §264.147 to be submitted with the Part 3
application, for a new facility the Part B application
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must include documentation showing the amount of insurance
the owner or operator plans to have "in effect before initial
receipt of hazardous waste.
The owner or operator must deliver an originally signed
duplicate of the insurance policy to the Regional Administrator,
or Regional Administrators if the facilities are located in
more than one Region, by certified mail. For a new facility
the policy must be delivered at least 60 days before the
date on which hazardous waste is first received for treatment,
storage, or disposal. The insurance must be effective
before the initial receipt of hazardous waste. The Hazardous
Waste Facility Liability Endorsement must be identical to
the wording specified in 5264.l5l(g). The insurance policy
and the endorsement should be attached to the permit.
The requirement for non-sudden insurance for existing
facilities will be phased in over a three year period. An
owner or operator with annual sales in the last calendar
year totaling $10 million or more must have insurance by
January 13, 1982; with annual sales greater than $5 million
but less than $10 million by Janauary 13, 1933; and all
others by January 13, 1984.
x Applicability of State Financial Requirements - State
Assumption of Responsibility; §122.25(a)(18) requires proof
of coverage by a State financial mechanism in compliance
with §264.149 or §264.150 to be submitted with the Part B
application.
If a State-required mechanism is used pursuant to
§264.149 to meet the financial responsibility requirements
then evidence of the establishment of the mechanism must be
delivered by certified mail to the Regional Administrator.
The evidence submitted must meet the requirements of §264.149(a)
An owner or operator of a new facility must deliver such
evidence to the Regional Administrator or by certified mail
at least 60 days before the date on which hazardous waste is
first received for treatment, storage, or disposal. The
mechanism must be effective before the initial receipt of
hazardous waste.
If the provisions of 264.150, State Assumption of
Responsibility, are used to meet the financial responsibility
requirements, the owner or operator must deliver by certified
mail to the Regional Administrator a letter from the State
describing the nature of the State's responsibility.
The letter must satisfy the information requirements of
§264.ISO. An owner or operator of a new facility must
deliver the letter to the Regional Administrator by certified
mail at least 60 days before the date on which hazardous
waste is first received for treateraent, storage, or disposal.
The guarantee must be effective before the initial receipt
of hazardous waste.
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SAMPLE PERMIT
Conditions That Apply to the Use and Management of Containers for
the Storage of Hazardous Wastes as regulated in 40 CFR Part 264,
Subpart I.
The following hazardous waste will be stored at the facility:
'A
B
*
The material will be stored in the following types of containers^
Total capacity (e.g./ volume and/or number of containers shall not
exceed .
MANAGEMENT OF CONTAINERS
C-1. Hazardous wastes shall be stored in containers that are
maintained in good condition with no evidence of leaks,
severe rusting or corrosion, or apparent -structural defects,
If a container is not in good condition or begins to leak/
all hazardous wastes shall be transferred from this contains
to a container that is in good condition or manage the
waste in some 'other way that complies with the requirements
of 40 CFR Part 264. [264.171]
C-2. Containers shall be made of or lined with materials which
will not react with/ and are otherwise compacible witn.. the
hazardous waste to be stored/ so that the ability of the
container to contain the waste is not impaired. [264.172]
C-3. A container holding hazardous waste shall always be closed
during storage exceot when it is necessarv to add or remove
waste. [264.173(a)l
C-4. A container holding hazardous waste shall not be opened,
handled/ or stored in a manner which may rupture the
container or cause it to leak. [264.273(b)j
C-5. All containers -shall only be stored in areas that have a
containment system that is capable of collecting and
. holding spills, leaks, and precipitation. The containment
•system shall conform to the following description.
a. The base underlying the containers shall be aaintair.es
free of cracks or gaps and shall be sufficiently
impervious to contain leaks, spills, and accumulated
rainfall until the collecced material is defected a.-.d,
removed'(specify material};
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b. The system shall be designed for efficient drainage
- - -to that standing liquid does not remain on 'the base
longer than one hour after a leakage or precipitation
event unless the containers" are elevated or in some
other manner are protected from contact with accumulat
liauids; (specify method e.g., elevate on oallets,
etc.);
c. The system shall include sufficient capacity to contai
10% of the total volume of all containers stored in
the area or the volume of the largest container,
whichever is greater. (Specify capacity) (264.175(a)]
C-6. Run-on into the containment system shall be prevented
unless specifically authorized in the Other Requirements
section of this permit. (Specify method; e.g., dikes,
trench) [264.175(b)l
C-7. Any hazardous waste that spills or leaks as well as any
accumulated precipitation shall be removed from the sump o:
collection araa in as timely a manner as is necessary to
prevent overflow of the collection system. (Specify method
e.g., pump, drain) [264.175(c)]
C-8. Any material removed from the collection system (if it
meets the definition of a hazardous waste in 40 CFR Part
26.1) shall be returned to a hazardous waste container,
transferred to other hazardous waste management facilities
included in this permit, managed in some other way that
complies with applicable requirements of 40 CFR Parts
262-265 or complies with the Other Requirements of this
permit.
INSPECTIONS
C-9. The permittee shall inspect at least weekly the areas
where containers are stored, looking for leaking container:
and for deterioration of containers and the contairjnent
system. Inspections must be executed in accordance with
the attached Inspection Plan. [264.174]
CORRECTION OF DEFICIENCIES
C-10. Any deterioration or malfunction or equipment or structures
of the containment system (including leaks, cracks, previou
areas and. inoperative sum pumps) revealed by the inspection
shall be remedied by the permittee on a schedule which
ensures that the problem does not lead to an environment or
human health hazard. Where a hazard is imminent or has
already occurred, remedial action must be taken immediately
[264.15(c)]
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CLOSURE
C-11. All hazardous waste and hazardous waste residues shall
be removed from the containment system at closure of
the facility. Any remaining containers/ liners, bases/ am
soil that contain or are contaminated with hazardous
waste or hazardous waste residue shall be decontaminated
or removed. Closure must be executed in accorandance with
the attached closure plan. [264.178]
SPECIAL REQUIREMENTS FOR IGNITABL5 OR REACTIVE WASTES
C-12. The following ignitable wastes will be stored at the facil
•
A | (Reference and attach the sketch or drawing
location of the ignitable waste which was included in the
application.)
C-T3. All containers holding ignitafale or reactive waste shall
be be at leant 15 metern (50 feet) from the facility's
property line. [264.176]
C-14. If any ignitable or reactive wastes are stored in contains
the requirements of General Condition ___^ of this permit
shall be complied with. [264.17]
SPECIAL REQUIREMENTS FOR INCOMPATIBLE WASTES
C-1S. The following incompatible wastes will be stored at the fa
A and B (Reference and attach the
or drawing of the location of the incompatible waste which
includ-ad in the permit -ipp.1 ication.
C-16. Incompatible wastes or incompatible wastes and materials
shall not be stored in the same container unless the
requirements of General Condition of this permit
are complied with. [264.177(a)J
C-17. Hazardous waste shall not be placed in an unwashed contain
that previously held an incompatible waste or material.
[264.177(b)J
C-18. Any storage container holding hazardous waste that is
incompatible with any waste or other materials stored
nearby .in other containers, waste piles, surface impound-
ments or open tanks, shall be separated from the other
materials or protected from them by means of a dika, berw,
' "wall, or other device. [264.177(c)l
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SAMPLE PERMIT
X Conditions That Apply to the Use and Management of Tanks for
Treatment or Storage of Hazardous Waste As Regulated in 40 CFR
- Part 264, Subpart J.*
^,-
: GENERAL OPERATING REQUIREMENTS
T-1. All hazardous waste storage or treatment tanks shall be
designed, equipped, operated and maintained such that
.-: sufficient shell strength and, for closed tanks, pressure
v: . controls are provided to assure that they do not r^ture o
collapse. The minimum shell thickness specified for tank
-•J in Table T shall be maintained at all times. At any time
"-.2 liquid levels shall not exceed any maximum depths specif iei
[•!~> in Table T nor reduce the freeboard in any uncovered tanks
: below the values specified. [264.191 and 264.192]
T-2. Overfilling of tanks shall be prevented by the use of the
control mechanism specified in Table T for each tank.
-"-; These control mechanisms shall be maintained in good
. operating condition at all times. f264.192(b)]
T-3. Only those hazardous wastes or types of wastes specified i
Table T for each tank shall be treated or s-tored in that
tank. [122.29(-a}]
T-4. In addition to Condition T-3, wastes or other materials
(e.g., treatment reagents) which are incompatible with the
material of construction of a tank shall not be placed in
that tank unless the tank is protected from accelerated
corrosion, erosion or abrasion by a fully intact inner
lining of compatible materials or alternate means of
protection. (264.192(a)]
INSPECTIONS
T-5. At least once per operating day the permittee shall inspect
the following:
a. The overfilling control equipment to ensure that it is
in good working order. [264.194(a)(1)]
* These conditions do not apply to covered underground tanks
that cannot be entered for inspection.
-------
b. The data gathered from monitoring equipment, where
present, to ensure that: each" tank is being operated
according to its design.' [264.194(a)(2)]
c. The waste level in each uncovered tank to ensure
compliance with maximum depth and/or minimum freeboard
requirements. [264.194(a)(3)]
T-6. At least weekly the permittee shall inspect the following:
a. The construction materials of the above ground portions
of each tank to detect corrosion or erosion and leaking
of fixtures and seams, (e.g./ shell of tank for
corrosion, leaks, discoloration, bulges, buckles or
cracks in seams; water seals at base for deterioration;
and roof of Tanks A-21 and B-12 for malfunctioning of
seals and blockage of water drains.) [264.194(a)(4)]
b. The area immediately surrounding each tank to detect
obvious signs of leakage (e.g., wet spots or dead
vegetation). [264.194(a)(5)]
t
T-7. In addition to the regular inspections specified in conditior
T-5 and T-6, the permittee shall conduct periodic comprehens;
inspections of each tank to detect cracks, leaks, corrosion I
or erosion tha't may lead to cracksor leaks, or wall thinning
to less that the thickness specified in Table T. Schedules
and procedures for such inspections are detailed in the
attached Inspection Schedule. (The Inspection Schedule or
the Permit should include the following details, as a
minimum. [264.194(b)J
a. Procedures
1. Measurement of shell thickness through:
a. use of ultrasonic measurement device for tanks
A-21, B-05 and B-12 (accuracy of •*• .05 inches, and
b. use of tape measure and visual inspection for
eroded areas of Tank W-02.
2. Hammering and visual inspection of interior of roof,
shell and base for:
a. corrosion, erosion, and corrosion pits,
b. cracking of seams,
c. bulges, holes, cracking or discoloration of
lining, and
-------
d. tightness of rivets.
b. Frequency
1. Tanks A-21 and B-12: Once every five years becai
expected service life of tanks based on current
corrosion rate is 30+ years.
2. Tank B-05: Once every five years because lining
will be replaced once every ten years and only or
inspection is necessary to detect extraordinary
deterioration.
3. Tank W-02: Once every five years because lining
(coal tar) will be replaced once every ten years.
CORRECTION OF DEFICIENCIES
T-8. Any deterioration or malfunction of equipment or struct
(including leaks, cracks and wall thinning in violation
condition T-1) revealed by the inspection shall be reme
by the permittee on a schedule which ensures that the
problem does not lead to an environmental or human heal
hazard. Where a hazard is imminent or has already occu
remedial action must be taken immediately. [264.15(cJ]
T-9. Any leaks or spills of waste from tanks or ancillary
equipment shall be expeditiously cleaned up and the cau
of the leak or spill remedied (including removal of was
from the tank if necessary) following the procedures an
timing prescribed in the attached Contingency Plan.
[264.194(c)J
CLOSURE '
T-10. At closure, all hazardous waste and hazardous waste res
shall be removed from tanks, discharge control equipmen
and discharge confinement structures. Closure must be
executed in accordance with the attached closure plan.
[264.1971
SPECIAL REQUIREMENTS FOR IGNITABLS OR REACTIVE WASTES
T-U. The following type of ignitable waste will be stored at
?/:.';; facility.
^-7..^.i A r__ (Reference and attach the sketch or drawing of
:'3:,%::.: location of the ignitable waste submitted with the perm
f{-^." ; application.
' •"_[ T-12. Ignitable or reactive wastes must not be placed in any
V-.-\" tank unless the following conditions are met:
4
-------
immediately after placement in the tank so that (1)
the resulting waste, mixture, or dissolution of
material no longer meets the definition of ignitable
or reactive waste under 40 CFS 261.21 or 261.23,
and (2) General Condition ______ of this permit is
complied with; or
b. The waste is stored or treated in such a way that it
is protected from any material or conditions which
may cause the waste to ignite or react; or
*
c.( The tank is used solely for emergencies. [264.298{a)3
T-T3. Ignitable or reactive wastes must not be stored in covered
tanks unless the National Fire Protection Associations
(NFPA's) buffer zone requirements for tanks, contained in
Tables 2-1 through 2-6 of the "Flammable and Combustible
Code - 1977", are complied with. [264.198(b)]
« •
SPECIAL REQUIREMENTS FOR INCOMPATIBLE WASTES
•
T-14. The following types of incompatible waste.5 will be stored
the facility:
A and B (Reference and attach the sketch
drawing of the location of the incompatible waste which we
included in the permit application. t>J&^
T-15. Incompatible wastes, or incompatible wastes and materials,
raust not be placed in the same tank unless General Condit:
- of this permit is complied with. [264.199{a)l ^
T-16. Hazardous waste must not be placed in an unwashed tank
which previously held an incompatible waste or material J
unless General Condition of this permit is compli-
with. [264.199(b)]
-------
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-------
SAMPLE PERMIT
Conditions that Apply to the Use and Management of Waste Piles
for the Treatment or Storage of Hazardous Wastes as Regulated by
40 CFR Part 264, Subpart L.*
GENERAL OPERATING REQUIREMENTS
P-1. All waste piles containing hazardous wastes shall be
designed, operated, and maintained to prevent discharge
into the land, surface water, or groundwater during the
life of the pile by use of a containment system which
complies with the requirements of 40 CFR Part 264.253 as
described in an attachment to this permit. [264.251(b))
P-2. All waste piles shall be designed, operated, and maintained
to control dispersal of the waste by wind, where necessary,
or by water erosion. (Specify method e.g., wetting of
exposed surfaces at least daily, use of plastic cover,
etc.) Any specific control practices listed in the Other
Requirements of this permit shall also be followed.
[264.251(a) and 252(a)J
P-3. Run-on shall be diverted away from all waste piles.
(Specify method such as dikes or trenches and minimum
design or performance requirements or reference permit
application.) [264.252(b)J
P-4. All leachate and run-off from waste piles must be collected
and controlled. (Specify minimum design or performance
requirements' such as use of drains or trenches and capacity
of collection system.) If the collected leachate or
run-off meets the definition of a hazardous waste in 40 CFJ
Part 261, it shall be transferred to other hazardous waste
management units included in this permit, managed in some
other way that complies with applicable requirements of 40
CFR Part 262-266 or complies with the Other Requirements of
this permit. [264.252(c)l
P-5. If the containment system for the waste pile includes
a leachate detection, collection and removal system beneath
the base, the leachate system shall be designed and operate
to detect, contain, collect, and remove any discharge front
the base. (Specify minimum design or performance requireme
such as use of drains or trenches and capacity of collectic
system.) All collected leachate shall be removed as it
accumulates or with sufficient frequency to prevent backwat
within the collection system. [264.253(a)(3)J
P-6. Only those hazardous wastes or types of wastes specified
in Table WP for each waste pile shall be treated or stored
* These conditions do not apply to waste piles that are used
for disposal of hazardous wastes or that discharge to land or
groundwater.
-------
- - -in that pile. (Table WP should include waste pile ident
cation, waste to be stored or treated, amount to be stor
or treated.) (Attach schematic-showing location of each
[122.29U)]
P-7. The containment system shall be protected from plant
growth which could puncture any component of the system.
[264.15]
INSPECTIONS
P-8. Periodic inspections shall be conducted of the waste pil
exposed portions of the base and/or liner, facilities
for collection and management of leachate and runoff, ar
the leachate detection and collection system (if any)
in accordance with the attached Insoection Schedule.
[264.15]
P-9. Whenever there is any indication of a possible failure c
the containment system, that system shall be inspected
in accordance with the provisions of the containment
system evaluation and repair plan described in the attac
Contingency Plan. [264.255(a)]
CONTAINMENT SYSTEM REPAIRS
P-10. Whenever there is a positive indication of a failure of
the containment system (e.g., waste detected in any leac
detection system or a breach, such as a hole, tear, crac
. or separation, in the base), the waste pile shall be
removed from service. To remove the pile from service,
the permittee must:
;;; a. Immediately stop adding wastes to the pile;
*-~^-N b. Immediately contain any leakage which has or is occv
• c. Immediately cause the leak to be stopped;
d. If the leak_cannot be stopped by any other means,
.-•r'.<- remove the waste from the base; and
•""*' e. Take any additional actions prescribed in the attach
JLV4 Contingency Plan. [264.255 (b, c, and d)]
~'\:v? P-11. No waste pile that has been removed from service in accc
-..".'* • with provision P-10 may be restored to service unless:
.--V'z^; a. The containment system has been repaired in accordar
,-_:•"; j with the attached Contingency Plan; and
- -:rt b. The containment system has been certified by a quali
-------
31
engineer as meeting the approved design specifications
- - - attached to this permit. [264.255(d)(2) and (e)]
CLOSURE - '
P-12. At closure/ all hazardous waste and hazardous waste residues
shall be removed from the pile. Any component of the
containment system contaminated with hazardous waste or
hazardous waste residues shall be decontaminated or removed.
Closure must be executed in accordance with the attached
closure plan. [264.253]
P-13. A waste pile that has been removed from service in accordance
with provision P-10 and that it is not being shall be
closed in accordance with provision P-12. [264.255(f)]
SPECIAL REQOIREMENTS FOR IGNITABLE OR REACTIVE WASTES
P-14. The following ignitafale waste wil be stored at the facility;
A (Reference and attach the sketch of the location of
the ignitable waste which was included in the permit applicat.
P-15. Ignitable or reactive waste shall not be placed in a pile
unless:
a. Addition of the waste to an existing pile:
1. Results in the waste or mixture no longer meeting
the definition of ignitable or reactive waste under
40 CFR 261.21 or 261.23; and
2. The permittee complies with the requirements of
General Condition of this permit; or
b. The waste is managed in such a way that it is protected
from any material or conditions which may cause is to
ignite or react. [264.25{a)l
SPECIAL REQUIREMENTS FOR INCOMPATIBLE WASTES
P-16. The following incompatible wastes will be stored at the facilit
A _________ and B (Reference and attach location map.)
P-17. Incompatible wastes or incompatible wastes and materials
shall not be placed in the same pile unless the requirements
of General Condition of this permit are complied with.
[264.257(a)3
P-18. A pile of hazardous waste that is incompatible with any
waste or other material stored nearby in other containers,
pilesf open tanks, or surface impoundments must be separated
from the other materials, or protected from them by means
of a dike, benn, wall, or other device. [264.257(b)J
*
P-19. Hazardous waste must not be piled on the same base where
incompatible wastes or materials were previously piled,
unless the base has been decontaminated sufficiently to
ensure compliance with General Condition of this
permit. (264.257(c)l
-------
Conditions That Apply to the Use and Management of Surface
Impoundments for the Treatment or Storage of Hazardous Wastes as
Regulated-in 40 CFR Part 264, Subpart K.
GENERAL OPERATING REQUIREMENTS
S-1. All surface impoundments containing hazardous wastes
shall be designed, operated and maintained to prevent
discharge into the land and groundwater during the life of
the .impoundment by the use of a containment system meeting
the requirements of 40 CFR 264.223 and described in an
attachment to this permit. Discharge to .surface waters
shall also be prevented unless specifically authorized in
the Other Requirements of this permit. [264.221(c)3
S-2. The.impoundment shall be designed and operated so that
any flow of waste into the impoundment can be immediately
shut off in the event of overtopoing or liner failure.
[264.221(b)J
S-3. Only those hazardous wastes or types of wastes specified it
Table S for each surface impoundment shall be treated or
scored in that impoundment. (Table should include impound,
'- identification, design capacity, wastes to be stored, linei
•"*' specifications, and inflow control methods.) .[122.29(a)J
'•££ S-4. The surface impoundment shall be operated to prevent
tvf.^--: any overtopping due "to wind and wave action, overfilling,
•;" , . precipitation, or any combination thereof. [264.222(a)]
3
^f S-5. The surface impoundment shall be operated to-maintain
X at least 60 centimeters (2 feet) of freeboard unless a
^ different amount of freeboard is specified in the Othet
j.1 Requirements of this permit. [264.222(b)]
• S—6. All earthen dikes shall be designed and maintained with
~, 'sufficient structural integrity to prevent massive failure
'-] without dependence on any liner system included in the
• surface impoundment design. [264.221(d)]
a. perennial woody plants with root systems which could
;: displace the earthen materials upon which the struc-
tural integrity of the dike is dependent; and
b. burrowing mammals which could remove earthen materials
upon which the structural integrity of the dike is
dependent or create leaks through burrows in the dike.
| S-3. A protective cover, such as grass, shale or rock, shall
^ be provided and maintained on all earthen dikes to minimize
;= wind and water erosion and to oreserve the structural
integrity of the dike. [264.223(a}]
-------
S-9. All r_un-on shall be diverted away from surface impoundments.
~[264.222(e)J
S-10. A leachate detection/ collection and removal system shall
be provided as part of the containment system for each
surface impoundment as described in an attachment to
this permit. Each leachate system shall be designed,
operated and maintained so that liquid will flow freely
from the collection system to prevent the creation of
pressure head within the collection system in excess of
that.necessary to cause the liquid to flow freely. All
collected leachate shall be removed as it accumulates or
with sufficient frequency to prevent backwater within the
collection system. [264.221(e) and 222CO]
S-1 1. Any material removed from the leachate collection system
(if it meets the definition of a hazardous waste in 40 CFR
Part 261} shall be returned to the surface imoundment,
transferred to other hazardous waste management units
included in this permit, managed in some other way that
complies with applicable requirements of 40 CFR Parts
262-266 or complies with the Other Requirements of this
permit.
INSPECTIONS
S-12. The permittee shall inspect a surface impoundment which
contains free liquids at least once eacch operating day
to ensure compliance with provisions S-5, S-6 and S-'O and
to detect any leaks or other failures of the imooundment.
[264.226(b)(1)J
S-13.' Tt*-? permittee "shall inspect each surface impoundment,
including dikes, berins and vegetation surrounding tha dike,
at least once a week, and after storms to detect any evidence
of or potential for leaks from the impoundment, erosion of
dikes, and to ensure compliance with provision S-7.
[264.226(b}(2)]
S-14. Whenever there is any indication of a possible failure
of the containment system, the' permittee shall inspect that
system in accordance with the provisions of the containmenc
system evaluation and repair plan described in the attached
Contingency Plan. [264.227(a)J
CONTAINMENT SYSTEM REPAIRS
S-15. The permittee shall follow all schedules and procedures
for inspection as detailed in the attached Inspection
Schedule.
S-16. Whenever there is a positive indication of a failure of
the containment system (e.g., an unplanned sudden drop in
-------
"V///H?
""
liquid level in the impoundment, waste detected in the
~ leachate detection sytem, active leakage through the dike,
or a breach, such as a hole, tear/ .crack or separation, in
the liner system) , the impoundment from service the pecmitt
mus.t:
a. Immediately shut off the flow of or stop the addition
of wastes into the impoundment;
b. Immediately contain any leakage which has occurred or
is occurring;
c. Immediately cause the leak to be stopped;
•
d. If the leak cannot be stopped by any other means, empty
the impoundment; and
e. Take any additional action prescribed in the attached
Contingency Plan. (264. 227 (b, c and d)J
S-17. No surface impoundment that has been removed fron service
in accordance with provision S-15 may be restored to servic
unless:
a. the containment system has been repaired in accordance;
with the attached Contingency Plan; and
••- ::tVA
~£~ b. the containment system has been certified by a. qualifie
i engineer as meeting the approved design specifications
3 attached to this permit. [264 .227(d) (2 ) and (e))
* CLOSURE
; S-13. At closure, all hazardous waste and hazardous waste residue
^ • shall be removed from the impoundment. Any component of
: • the containment system or any appurtenant structures or
equipment (e.g./ discharge platforms and pipes, and baffles
skimmers/ aerators or other equipment) containing or
contaminated with hazardous waste, or hazardous waste
residues shall be decontaminated or removed. Closure must
; be executed in accordance with, the attached closure olan.
[264.228]
: S-19. A surface impoundment that has been removed from service
\ -in accordance with provision S-1 5 and that is not being
* repaired shall be closed in accordance with provision
] ' S-13.
^
:: SPECIAL' REQUIREMENTS FOR IGNITABLS OR REACTIVE WASTES
V -
S-20. Ignitable or reactive waste shall not be placed in a
surface impoundment unless:
-------
a.- the waste is treated, rendered, or mixed before or
immediately after placement in the impoundment so that:
1. the resulting waste, mixture, or dissolution
of material no longer meets the definition of
ignitable or reactive wastes under 40 CFR Part
261.21 and 261.23; and
2. the permittee complies with the requirements
of General Condition of this permit; 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 soley for emergencies.
[264.229)
SPECIAL REQUIREMENTS FOR INCOMPATIBLE WASTES
S-21. Incompatible wastes or incompatible wastes and materials
shall not be placed in the same surface impoundment unless
the requirements of General Condition of this permit
are complied with. [264.230]
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SAMPLE PERMIT
Conditions that apply to the use and mangement of Incineracoj
for the Treatment of Hazardous Wastes as Regulated by 40 CFR Pact
264, Subpart 0.
*
The conditions presented in this section are examples
only. We are presently refining the suggested language
for incineration permits and are providing this preliminary
draft to indicate our general approach. The sample conditions
provide information on the level of detail the complexity
and the scope of related conditions which might be developed
by the permit writer in an actual permit. All numerical
information is for illustrative purposes only.
Conditions 1 and 2 are designed to provide examples of waste
feed and POHC feed monitoring.
1. The permittee is allowed to burn/ only the wastes
listed in Attachment 1 with the POHC designation and
quantities listed below. (Attachment 1 would be the
list of hazardous waste identified in waste analysis.)
2. The wastes fed to the incinerator shall be limited
by the following conditions:
a) Wastes A, B, C shall be burned in accordance with
the operating conditions resulting from the trial
burns called condition "RED", as a minimum.
Condition RED is designated as .
b) Wastes D through Q shall be burned in accordance
with the operating conditions resulting from the
trial burns called conditions "BLUE", as a
minimum wastes 0 through Q may be burned under
RED condition. Condition BLUE is designated as
c) Maximum feed rates for each POHC are follows:
1) POHC X x Ib/hr;
POHC X y Ib/hr;
POHC X z Ib/hr;
2} Waste feed limits are as follows:
max. Ib/hr.
waste A 800
B 700
C 4000
wastes D thru Q 6000
-------
3?
Conditions 2, 4, 5 and 6 are examples of constraints on
the mode of incinerator operation.
3. During start-up and shut-down of an incinerator/
hazardous waste [except ignitable waste exempted in
accordance with §264.340] must not be fed into the
incinerator unless the incinerator is operating within
the conditions for temperature/ air feed rate/ etc.
specified in the permit.
4. No solid materials containing the stipulated POHC's
may be incinerated in the liquid injection incinerator.
Ony liquid wastes A, B & C containing the POHC's
having a fluidity equal to or greater than that of
American Society of Testing Materials (ASTM) No. 5
fuels oil/ with a maximum viscosity of 750 Saybolt
Seconds Universal (SSO), at 38 Degrees C shall be
incinerated. The bottom sediment and water
(BS & W) shall not exceed ten (10) percent by
volume.
5. No burning of liquid wastes A/ B 6 C shall take place
unless the incinerator is operating in the range of
1100 Degrees C to 1200 degrees C in the burning zone.
The liquid waste shall be injected directly into the
flame. Burning shall not be permitted during periods
of startup/ shutdown/ major upset/ or fuel inter-
ruption. (See alarm and shutoff requirements).
6. The kiln shall be operated at all times in an
oxidizing atmosphere. (Oxygen in the kiln exhaust
gases shall be maintained at a level of not less
than 0.5 percent by volume.)
The following group of conditions are related to air stream
monitoring and control.
7. The Carbon-Monoxide level (as measured by Illinois EPA
ATP-2 method) shall not exceed 50 ppm.
3.. The Air Pollution Control Scrubber system will operate
under conditions stipulated in the trial burns for
Conditions RED and BLUE at all times:
i The pH of the scrubber solution shall not be less
than 10.5 measured at the scrubber feed pump.
ii A minimum flow rate of 50 gpra shall be maintained
at the feed inlet to the first stage system.
-------
• ~iii~ The pressure drop across the scrubber sysceia shall
be maintained between 20 and 50 inches of water.
9. The particulate emissions shall not exceed ISO milligrams
per dry standard cubic meter (.08 grains per dry standard
cubic foot) when corrected for 12% C02.
10. Fugitive emissions will be controlled by maintaining
combustion zone pressure lower than atmospheric pressure
at all times when burning wastes listed in this permit.
Conditions 11, 12, and 13 are examples of instrumentation
and control provisions. Condition number 13 in this set of
examples is a reminder that feed rate monitoring may
include sensing systems in the plants storage facility.
11. Instrumentation and controls shall be provided tc
accomodate the following:
a. Continuous indicating and recording of:
1) Waste feed rate;
2) Fuel flow rate;
3) Combustion gas temperatures and gas exhaust
temperature;
4) Draft (static) pressure in the firing hood
(intermittent recording);
5} Exhaust fan speed;
6} Volumetric concentration of carbon monoxide (CO),
in the stack emission.
12. Controls must be provided for alarm and automatic
shut-down of waste feed in the event the following
conditions occur:
o Auxiliary Fuel flow interruption;
o Waste feed control;
o Loss of draft in the firing hood for two (2) seconds
or longer;
o Combustion gas temperature (as measured by the gas
exhaust temperature) drops below 1100 Degrees C ;
-------
o Power failure;
o Flame failure (when the CJV detector detects a flame
out); . -
o Failure of any of the above monitoring, recording/
and controlling operations;
o A drop in prime move amperage to less than 30 amps;
o Scrubber: failure of pump, when pressure falls outside
range of 20 to 50 inches of water.
13. Level and temperature indicators must be provided on the
waste storage tank with high temperature warning systems.
14. Monitoring and Inspections - The permittee shall
conduct, at a minimum, the following monitoring
while incinerating hazardous wastes:
(a) Combustion temperature/ waste feed rate/
and air feed rate must be monitored and
recorded on a continuous basis.
(b) CO must be monitored and recorded on a
continuous basis at point lettered X on
the facility drawing.
(c) Upon request by the Regional Administrator,
but not more than twice annually/ sampling
and analysis of the waste and exhaust emissions
must be conducted to verify that the operating
requirements established in the permit achieve
the performance standards of S264.343 (40
CFR/ Part 264, Subpart 0).
(d) The incinerator and associated equipment
(pumps, valves, conveyors, pipes, etc.} must
be completely inspected at least daily for
leaks, spills, and fugitive emissions.
All emergency waste feed cut-off controls
and system alarms must be checked daily to
verify proper operation.
(e) This monitoring and inspection data must
be recorded and the records must be placed in
the operating log required by S264.73.
(The permit writer may stipulate reporting conditions
which are tailored to the special requirements of the permittee
and EPA's interest in assessing EPA's compliance.)
-------
15.- A-revised permit may be required:
- by any change in burner configuration or number of
burners;
«
- any change in the feed delivery system which would
increase feed delivery capability;
- any reduction in stack height;
- any change in Air Pollution Control system configura-
tion which would result in modified pressure drop;
- any change of measurement point of temperature, air
flow or other system operating parameter stipulated
in the permit;
• any prime mover (fan) changes which would result
in significant changes in air delivery capacity -
on the order of ± 10%;
- any change in system configuration which would
result in a reduction in effective residence time.
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APPENDIX
WMB/AHMD/.JJSEPA-V P.ROCED.URE_FOR THE CONDUCTION J)F
Public HearinqsJL • 7T ~
"he Director shall hold a public hearing whenever he or she finds, on the
>asis of request(s), that -there is public interest in the action. The
.*"•**" •• . . . -
h'rector may^also hold a public hearing at his or her discretion, whenever,
. . « «^» • ~v» • , •
for instance, such a hearing might clarify one or more issues involved in the
•
[permit) decision.
c notice for a hearing shall contain at a minimum the date, time
nd location of the public hearing, the purpose of the public hearing, the
ocation of documents germane to the public hearing, and the name and address
)f a USEPA contact person for additional information. In addition, the notice
;hould state that anyone wishing to give testimony at the hearing should submit
li's testimony in writing to:
Karl Klepitsch, Jr., .Chief
- - . - Waste Management Branch
U.S. Environmental Protection Agency
230 South Dearborn Street
Chicago, Illinois 60604
henever a public hearing will be held and EPA is the permitting authority,
,he Regional Administrator (RA) shall designate a Presiding Officer for
his hearing who shall be responsible for its scheduling and orderly conduct.
HMD will make recommendations to the RA to schedule a hearing. The public
otice must be released at least 45 days prior to the date of the hearing.
owever, where EPA determines that there are no substantial documents
hich must be reviewed for effective participation and that there are no
lomplex or controversial, matters to be addressed by the hearing, the notice
•equirement may be reduced to no less than 30 days. EPA may further reduce or
aivc the hearing not ice. requirements in an emergency where EPA determines that
• . ... .**•' ' .."*"•,»•" •"...,- . cV." *•'.... • • •'.•
here is an imminent danger to public health.
' ' • • .••*.*'„
* Thi s" procedure is generally applicable to RCRA although it is more a4>pcopriate
for TS.CA. Note that 45. days comment period is mandatory. The approval authority.
is 00 instead of the RA.- • • "' '''" • - -. .
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7 * - ^* ^ m * •"'^^» IS* I" ]^, ~ ' * -» -^ '^Sm\ *•*•** ^~~- * J • '-•-•* f 1 '• J^^it ~ "**"
- - __ _ • — _-;*»:.. -;'* - •••' -«-**•- "-^i," --.- -- -• -• - — * -..:_. "
•••—-.•« . ._ ,-_ _ T.-IIS. . • ? 1 _ • ~ , „
. Hearings must be held at times and places which are convenient for the public .•
to the maximum extent feasible. Use of evening and week-end hearings and
availability of public transportation. Suggestions for public hearing locations
" include college or university lecture halls or auditoriums'," high'school
--•-. • •-, ••- . —-•:'-. ' ~ .-' - -,. -^- .. i-
-auditoriums, village hall conference rooms. The room should seat approximately
•---••..• • - - •
150 persons. Signs should be appropriately posted to identify the location of
the public meeting. Verify that the following items will be made available
by the facility or by EPA: placards, head table, registration, table,
podium, microphone (s), extension cords, movie screen, projector, overhead
projector, tape recorder,' sign-in sheet for hearing attendees, copies ;
of available information. . Make a list of those persons who have expressed an
interest in presenting testimony at the hearing and/or who wish to receive a
copy of the transcript of the hearing. Send an acknowledgement of their intent
to present testimony and notify them of the time allowed for their presentation.
Be sure to reserve some time for unscheduled testimony. Presentations will be
given in the order in which the comments/requests to testify were received.
In order to schedule a court reporter for a public hearing, complete a Court
Reporter Services form and deliver it to Mr. Janusz Porosilo in Procurement at
312-353-8921. Upon receipt, transcripts will be distributed by RAIS
to those parties which requested them.
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•T--v.-.--,-TrVT'.V-"'-'
The public has 30 days to comment on proposals referenced in the Public Notice..-
Comments will be .sent. to..a USEPA contact person as indicated in the Public
Notice. Comments will be received by Judy Kertcher, Chief, RAIS and will be
subsequently forwarded ..to Pat Vogtman or other Public Notice Specialist.'
Incoming comments will be logged in; copies will be made of the incoming
correspondence and an acknowledgement of receipt will be sent to the
commentors. Copies of .the correspondence will be forwarded to Dr. Eugene
Meyer, Chief, Technical Programs Sections, who will assign personnel to
respond to specific inquiries as necessary. (Any comments received.,- ._ r.f.-.- -
in regard to. Interim Authorization will be retained in RAIS for any -
necessary'action). Copies of "the responses should be sent to RAIS '"" _ .
who will attach responses-to the original letters in files.
At the close of the 30-day comment period, RAIS will prepare a Respon-
siveness Summary. A Responsiveness Summary will include:
A) All issues relative/significant (pro and con)
raised-by the commentors.
B) A detailing of the Agency's response to various
appropriate Public comments, and an explanation
of whether changes or modifications were made,
and the reason for the Agency's subsequent action.
The Responsiveness Summary should be given to:
A) Applicant
.;,... B) .Regional Administrator, . . >.:..-
'"." " ':•'-•• C) Division Director -.,£-.- . - : _ -" -•--.;;..."'/..-
'•-. --- YD) Branch'Chief . .. >?. . -^•'"- '.:.""-" ~ " "•'• '.'-. ' "-- -'.:'- -f.-'•'.-'
•-- \ ::r £)-RAIS &TPS Chiefs'^•--'"-: /- - -_•-•:-:--;-- -• .-^£---"_" i-'W-L
. F) Authors of replies to comments ' * ~.. / y:. -"^j
. G) Commentors - -.'-'-•.-':•"' ----- --_ -.„-._•_ -.L\-;-
H) Public upon request , _ . . - '- ,
; I) Official File v^^--j- -^: •-,.-•'*' -.. :'^f.^:'" - ~^-;;"
'.'"-, - -~ ' • TSjff
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; The public notice shall be written by a designated person in the Regulatory
~ " * * - ••-•
,- Analysis and Information-.Section based on information" provided by a
designated person from "the Technical Programs Section. At a minimum, the
public notice shall contain the.following information:-
1. Name and address of the office processing the action for which.
the notice .is being"given. "
2. Name and address of the applicant.
3. A brief description of the activity (RCRA permit, TSCA ".."
approval, public hearing on I.A.,'etc.) which precipitated the
requirement for the public notice. .
•-•;' 4. A brief summary-of the basis for approval/denial including references
to applicable statutory or regulatory provisions and appropriate
supporting references.
--'-"" 5. Name, address, telephone number of a contact from whom interested
persons may obtain further information.
6. The beginning and ending date of the 30 or 45 day comment period.
7. Procedures for commenting or requesting a public hearing.
8. If a final hearing has already been scheduled, the notice
should contain the date, time and place.
9. For EPA issued items the location of the administration record
required by §124.9, the times at which the record will be open
.for public inspection, and a statement that all data submitted by
-.-,.. -_\:;;.the applicant'is available as part of the/administrative record.
10." The'public notice should be dated to approximate the date of the
actual publication.-
;: ^ .-"^^TT-"-''"'/^:" •'•"'--•-' --•. •_ .'- -
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_ . ,_ _^ ..jz-ri.a—.j^.-.^.-•—:•.'-,-" •.•--
.->-r - ".-~~]'^"'&f?:- --".-^^'.'^S©^:-" "^r"- ""'iv"~ •'::'"-l:"T "^^ "
Remember,- a public notice is more than a mechanism to meet certain legal
requirements. It is a mechanism to involve the publ'ic in the decision
making process. Therefore, the public notice must emphasize the reasons
the public meeting. Or a hearing is taking place, such as the economic
and environmental" issues^d decisions of concern to the public. "The "
*•• -f.. .—--• - - —."-i.i." ...„-<. -• . . " "
- • '•T'-,' -.'. '- - . — --:.r.-,'-;^v - . '- . . • :" -
notice must indicate how participation at the meeting or hearing will
relate to subsequent decisions arid the resolution of issues.
< -
Public notices should be sent to:
1.) Applicant >; -^ ,v- - - ; :
- . • -« .-.iV-r^^" -.,«>- .-.. - ,_ "* ... "—
- • 2.) Any"Federal 'Agency' having related interest -
. 3.) State Pollution Control Agencies-. . . .:>•-.
- - -*. ™~ **•" *"" - * •**• ; -. tr- ~ - - -...*. -^ - • • .u^--^
; ,1. f f • ' ^-.—"" .--'"is^-.'v'- '•*"" ~~\~ • *• -•.---,- - J-
:"4.)~U.S. EPA Headquarters " -":~
5.) U.S. Congressmen .v- . . . ->
6.) Selected State legislators
7.) Persons on a mailing-list developed by:
A.) Adding the names of persons requesting to be placed
on a mailing list
B.) Soliciting persons for "area lists" from participants in
past proceedings in that area; and
C.) Notifying the public of the opportunity to be put on the
mailing list through periodic publication in the public
press and in such publications as Regional and State funded
._-i, newsletters, environmental bulletins, or State law journals.
'*>-"-" 8.) Selected_environmental .organizations ..„,-. ^" •_...~rcT.";^ •-,
"'~ 9.) Region V LibraryC ••--. .£?:.- •-?."...'..' .' -T;----""- -^P"' ":
The agencies, organizations or. individuals_ should receive.a.cover letter
written by a" designated person in the RAIS and signed by the Regional
••--'• • - ".. ~.:."r . -t-r- '"-"-"-- "^S^1^"—_.•!.. ..-' _ ~:_- :. •- ._.'iv.---.-*-- •.\Z^~'
Administrator. A cover letter should Include: ~.":V ":'-'";
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s~ • . _ 1.) Notice-that'the attached is an advance copy'of the Public Notice.
-•/.--" • :~3*f T.-2-).- Date the notice is'scheduled to appear in the local newspaper.
^Li[- - ": 3.)''Brief synopsis of the reason for the public notice .. -.
'_*.. •"-._' *..":- 4.)- USEPA contact personv - . .
. . "' Any technical documents, references or other materials that have been
designated to accompany the public notice and cover letter shall be
"- • provided to RAIS from TPS.,-^ . ;.
~~-f•'- '"."Cost estimates for pub!ishing/public notius'in newspapers be based -:"-
"."'" • - •- - - •*••---.-,_." - - " •••-= "•' '-^S.—-x?7"^.".••*•'.-
-»:..-. ' - '• .-"•**.?-•- T-- •- ^=C ---.-.-.-srarf.15 , .
a^:V.-.. on the number of,.lines appearing on an 8 1/2 by 11 sheet of paper. This
V=~~" ^information can bVobtained by-contacting the newspaper's legal notice
department. This estimate should be annotated in the "account classifi-
cation" which appears at the bottom of the public voucher for advertising.-
~"s-~..~~-~~ Bei sure to specify in the specifications for advertisement that our
public notice should appear in the legal notice section of the paper.
Also the RAIS person completing this section should request the newspaper
to confirm the date of publication. Therefore, annotate name and number.
Be sure to specify that the billing will be made to the U.S. Environmental
Protection Agency in Chicago, as the rates are generally higher for
out-of-town billing. The original Public Voucher for advertising should
be retained in RAIS. Three additional copies as well as the three copies
•_ of the public notice for each newspaper should be sent to Jan Mason
(353-7510). in/inancial Management 14th Floor, 230 South Dearborn. The
voucher will be forwarded to General Services. General Services will
be forwarded to General Services "will send the voucher to the newspaper.
•. - .-:--r^:.r- • '"."~1T; --~~ --?•- .iVr"'"""" "- •".'-.
Allow 10"days for processing once the materials have been submitted to
'- .:..~~--~~-:C- ---^--.jy-' "'?'.-\-:-]Z[-~;-.-•_ ,'--. . • .".
Financial Management.'''.7^!-X "X-: . - . .
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The public notices and other documents may be copied in the duplicating '
room on the 14th floor at 230 South Dearborn. Written or verbal approval .
must"be given by Paul Le'e" (353-2025).""--To eliminate the'need for^envelopes/
.'••--- .-»,.- „.- .r,; .• ;- .- - --."-, - £. :
when mailing advance copies of. the public notice, have the EPA frank copied "
on the back .side of the last" sheet of paper'.' The return address should be
designated as follows: "\. ""'•--" ' _
U.S. Environmental Protection Agency " .
Waste Management Branch -- ---:.. - V ..
- . ^- " - 230 South Dearborn^.-.-/•'>'•"- •-JJ- •.-..-.-=-.-. '-/4r -: '"
- . -. .-.-- . Chicago, niinois'60604 ^- -"• ,\i ; " •; ;- . '.*.- '^
* -•- _-,-
x*£.—."
~,T." ..*»-;.-«-fcl*rr" ^*^ti^" •« •_ - : .- / _-:^T--_';...r-:x- .A"^^Tr-~" •*r"i"t:sr^p'- -.*d-— •-." """.". " "71
iy- -*"• -.— - - - •. - —*-• • • • 7 • _ • - r : • • •--.•-.•.-.— * ^*~
'-"v'.. : •- J:- -.-'•- ST-- :•-• - ---- »-*. • ..- :-t ->--.
-.- :--:•..,- -r-r-.-r-r-*?-*1--'-•&.t:;. . "* -^rc.'.;.-- -J^r"-. r-- -
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CHECKLIST OF DOCUMENTS TO INCLUDE
IN ADMINISTRATIVE RECORD
Permit Application
Designation of Record Clerk
Draft Permit
Statement of Basis/Fact Sheet
All Documents cited in Statement of Basis/Fact Sheet
Public Notice of Draft Permit
Notice of Public Hearing or Panel Hearing or Both
Public Comments
Response to Comments
Tape or Transcripts of Hearings
Final Permit
Statement of Basis/Fact Sheet - Final
Request for Evidentiary Hearing Pursuant to Consolidating NPDES/RCRA
Permits (If applicable)
Any other material EPA used to prepared the permit or to respond to comments
including information gathered on site visits, notes of the meetings with
the applicants, and all correspondence.
Appendix
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