STAFF MEMORANDUM
GROUNDWATER PROTECTION STANDARDS FOR HAZARDOUS WASTE LAND DISPOSAL
       FACILITIES:  WILL THEY PREVENT MORE SUPERFUND SITES?
           Industry, Technology, and Employment Program

                  Office  of  Technology  Assessment

                      United States Congress
                           April .6,  1984
      Staff  Memoranda are  neither reviewed  nor approved  by the
      Technology Assessment Board.

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      GROUNDWATER PROTECTION STANDARDS FOR HAZARDOUS WASTE LAND DISPOSAL
           -FACILITIES:  WILL THEY PREVENT MORE  SUPERFUND  SITES?*
                              Table  of Contents
         SUMMARY                                               2

         INTRODUCTION AND BACKGROUND                          13

         INDUSTRIAL SOURCES OF CERCLA SITES                   24

         INTERIM STATUS                                       26

         LIMITATIONS OF COVERAGE                              32

         GROUNDWATER MONITORING WELLS                         34

         CONTAMINANT TOLERANCE LEVELS                         41

         MONITORING IN THE VADOSE ZONE                        53

         DELAYS IN STARTING CORRECTIVE ACTION                 63

         STATISTICAL ANALYSIS                                 67

         COMPLIANCE MONITORING                                72

         CORRECTIVE ACTION                                    75

         FINANCIAL RESPONSIBILITY                  '           81

         REFERENCES                                           82
*
 This  staff  memorandum   is   part   of   an  ongoing  assessment,   Cleanup  of
Uncontrolled Hazardous Waste Sites Under Superfund. that is being conducted by
OTA's Industry, Technology and Employment Program.  The full assessment, which
will focus on  technical  problems  and issues of the Superfund program to clean
up uncontrolled hazardous  waste sites will be delivered to the Congress later
this year.  Another  assessment, Technologies to Measure,  Monitor and Mitigate
Groundwater Contamination,  is being conducted  by  OTA's Ocean and Environment
Program.    That   assessment,  to   be   released  shortly,  will   provide  a
comprehensive  technical  framework  to  assist  Congress  in  understanding  the
major groundwater contamination issues facing the Nation.

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     GROUNDWATER PROTECTION STANDARDS FOR HAZARDOUS WASTE LAND DISPOSAL




              FACILITIES:  WILL THEY PREVENT MORE SUPERFUND SITES?






     One of the principal reasons  for the  passage  of  the Resource Conservation




and Recovery  Act (RCRA) in 1976 was  for the regulation of future disposal of




hazardous  waste.   It. then  became  evident  that   additional  legislation was




needed to deal with the burgeoning number  of  uncontrolled  sites  which  resulted




from past  practices.    In  1980,  therefore,  Congress  passed the Comprehensive




Environmental Response, Compensation and Liability Act  (CERCLA), also  known as




Superfund.  There has been a general  impression and hope that  these  two  laws




would  eventually  provide  effective  protection  of  public  health  and  the




environment from hazardous wastes:  CERCLA  by  cleaning up  past problems and




RCRA by preventing future ones.






     This  analysis   concludes  that,  where groundwater   is   at  risk,   RCRA




groundwater protection  standards are  not  likely to prevent land  disposal sites




from becoming uncontrolled sites  that will  require cleanup under  Superfund.




The problems  with the  RCRA groundwater protection  standards  are  so  numerous




and serious that  the  standards cannot compensate for  what  has  been found to be




ineffective  and  unproven*  land  disposal  technology.   Although OTA  has  not




focused  on  the details  of  the RCRA statute  in this analysis, there  does not




appear to be a major  statutory problem.






     The  limitations  of  the  RCRA groundwater  protection standards,   coupled




with those  of land disposal  technology are  likely to cause serious  problems




for future  generations.  Concern  for  the future  indicates that land  disposal




be limited  to inert  low  hazard  wastes,  such as the stabilized residues  from




waste  treatment  operations,   and  to  facilities   where  groundwater   is  not




threatened.   Otherwise,  Superfund is likely to  face  a  continuing  stream of






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substantial  burdens  in  the  decades  ahead  from  land  disposal  facilities : ;

sanctioned  by  the  regulatory  structure,  but  whose  operators  may  not bear

cleanup costs.  There remains, moreover, a threat  from the  billions  of  tons  of

hazardous waste which have  been disposed for many decades  at  what are  now the

interim status facilities under RCRA.




                                    SUMMARY


General conclusions

    o  RCRA groundwater monitoring  and  protection  standards issued by EPA were

       not designed to prevent RCRA regulated  sites  from becoming  CERCLA sites

       and they are not capable of  doing so.

    o  Many  of the  RCRA regulations  may seem reasonable  on their surface;

       however,  detailed  technical  analysis  reveals  serious  inadequacies,

       especially   associated   with   providing   for  effective,   long-term

       management of hazardous wastes.

    o  Many  important  decisions in the RCRA regulations were  apparently made

       without   consideration   of   alternative    approaches   and   without

       cost/benefit  analysis or risk analysis  of  alternative  approaches.  Had
                         •
       such  analysis been  performed,  alternative, approaches  for groundwater

       protection which  cost less  over the  long  term  and  present fewer risks

       to  public   health   and  the  environment  probably would  have been

       identified.                              '

    o  There  appears  to  be  almost  no  consideration  'given,  in  the RCRA

       regulations,  to the huge cost  of cleaning up  groundwater contamination.

       Regulatory  decisions  have  had  the  effect  of  keeping  down   the  short

       range costs  of the regulated community.

    o  The   regulations  take  an   optimistic   view   of  the  availability   of


                                      -2-

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        technologies  to  detect  and  clean  up  contamination but  a pessimistic

        view of  technologies which  can  prevent contamination,  even  when they

        are the same technology.




 Summary of Specific Conclusions
t

      o  Interim Status Facilities;  Groundwater protection standards for these

 facilities  are  less  stringent  than for  new  facilities,  and  most  of  them

 already are,  or are  likely to  become  leaking  sites;  however,  there  are  no

 corrective action requirements.


      o  Fixing  Leaks;   With confirmed  groundwater contamination there are no

 requirements that a facility be  closed  until  the leak is found and corrected,

 nor to even find or stop the leak.


      o   RCRA Coverage  Stops  at the Fenceline;   Although  contamination may

 spread beyond the legal boundary of a facility and have to be cleaned up under

 CERCLA, under  RCRA  the  operator  only  has  to • clean  up  within  the  facility

 limits.


      o  RCRA .Coverage Limited  to  30 Years:   New  facilities  must be designed

 not to  leak  for 30  years  after closure during  which time the  operator must

•maintain the  facility,  but  later  when leaks  are more likely  CERCLA becomes

 responsible.


      o    Financial  Responsibility;    There   are  no  RCRA  requirements  for

 financial  assurance for corrective action on a leaking site.


      o   Contaminants  Which Are Regulated;   Because  CERCLA  regulates  more

 substances than RCRA, and  detection levels for other substances are set lower

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by  CERCLA than  by  RCRA standards,  a  permitted but  leaking  RCRA facility  can

become  an  uncontrolled site under CERCLA.

      o   Tolerance  Levels  of Contaminants;   Acceptable  levels  of groundwater

contaminants  are not  based on health  effects,  and  using  detection  limits  of

•analytical techniques may  not be protective of human health.

      o     Geological   Standards;     There  are   difficulties   in  predicting

groundwater movement or the rapid movement of contamination in some geological

environments  which  makes   early detection  and correction uncertain  at  some

sites.   However, RCRA has no facility siting  standards  to restrict hazardous

waste sites to  geologically suitable locations.

      o   Groundwater  Monitoring;    Technical  complexity and  site specificity

make  it  difficult  for  government  rules  to  set the  conditions  for effective

groundwater monitoring.

      o  Monitoring  in the Vadose Zone;   Although the technology exists,  RCRA

standards   do  not  require  monitoring  in  the  land  between the  facility  and

underground water;  hence,   an opportunity to  gain  an early warning of  leaks is

lost.        .
                                                   •
      o  Test  for Statistical Significance!   Tests  required by  RCRA keep  the

probability of  falsely detecting  contamination  low at the expense  of  high

probability that contamination might go undetected.

      o  Corrective  Action Delays  Complex RCRA procedures can lead to delays

of  several years,  increase cleanup costs, and  increase  the chances of CERCLA

financing of' cleanup.

      o   Compliance  Monitoring  and Corrective Action;   Technology  does  not

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necessarily exist to meet  the RCRA  standards  for  taking  corrective  action,  nor;


in all cases for compliance monitoring, required  after contamination  is  found.
RCRA in Relation to CERCLA




     There have already  been cases of hazardous waste from  clean-up  at  CERCLA


sites  going  to RCRA  regulated  sites  which were  later found  to be  leaking.


Moreover, although  RCRA and  CERCLA are managed by  the same agency,  research


for  this  analysis has  found that  the  two program  offices  do not  coordinate
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closely and that one office  appears  to  be  unaware, at  times,  of what  the other


is doing.



     Many people  view • RCRA  as the  program which  will  prevent present  and


future  hazardous  waste  sites  from becoming CERCLA sites.    However,  in - the


80,000  word  preamble  to  the final RCRA  land  disposal regulations  standards,


written  two  years after  the passage of CERCLA, there is  no reference  to  the


concept  that  the  standards  are to serve  the  purpose of  preventing  regulated


sites  from  becoming uncontrolled  sites.   Indeed, the only  two  references  to


CERCLA  in the  preamble  a*e in the context of what CERCLA  can do  for  RCRA,  not

                                                  *
what RCRA can  do  for CERCLA.   Consequently,  it appears that RCRA  groundwater




monitoring  and  protection   standards  were  not  designed   to  prevent  RCRA




regulated sites from  becoming CERCLA sites and they are not capable  of doing




so.




Interim Status Facilities
     Although they are "grandfathered" by  the RCRA  legislation,  interim  status
                                      -5-

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facilities do  not  have EPA-issued permits  for operation.  In  contrast  to  the

regulations  for new  facilities,  existing  interim status  facilities are  not

designed   or   operated  to  EPA's  specifications  for   adequate   groundwater

protection.    However,  these  facilities  are  the  ones  most  likely to have

received  wastes  which   are   most inappropriate  for  land   disposal  (e.g.,

uncontainerized, highly  toxic liquids).  No  matter what may be done to limit

land  disposal  in   the future,  the  interim  status   facilities  have  already

received  billions   of  tons  of  hazardous  wastes  over  several decades; they

continue   to   receive   wastes.    Moreover,   available   data  and   historical

experience-indicates  that many  of them already are,   or  are  likely to become,

leaking  sites  which will require corrective  or  remedial action.    It will be

many  years before  EPA can closely examine interim  status  sites   -  even ones

given  priority  -  to   determine  whether   or  not,  and  how,   they  should  be

permitted.     But   every  day  that    goes   by  without  detecting  existing

contamination  or  correcting contamination  once  it  is found, adds  to the  cost

of  correction  and  makes  it   more  likely   that  CERCLA  will  be  involved.

Nevertheless,  the groundwater  monitoring requirements for interim  Status sites

are far  less  stringent than for new facilities  designed to  EPA specifications

and  there are  no  corrective  action  requirements.   Alternatives   to  current
                                                   r
regulations  which  could  reduce  high  future cleanup costs include:   requiring

financial  assurance for  corrective action; improved  monitoring and sampling;

requiring  prompt  corrective  action  upon  discovery  of  contamination;   and

promptly closing down  obviously  badly  designed and  badly located  facilities.


No requirement  to fix  leaking  land disposal facilities


     Although  EPA  regulations require new hazardous  waste disposal facilities

to be  designed so that  they  do  not  leak for  at  least 30 years after closure,
                                      -6-

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 if Che facility does leak there is no requirement in the RCRA regulations that.


 the facility be closed until  the  leak is found and corrected, indeed there is



 not even a requirement to  find  or stop the leak.  Cleaning up the  consequence



 of a  leak,  such as a  plume of pollution,  but not the  leak  itself is  only a


 temporary expedient.   Since  the  cost  of  cleaning ground  water is generally
 ^

 proportional to the amount  of time a  site  is  allowed  to leak,  inattention to



 leaks raises  the  cost of  remedial  action to  the  point  where facility owners


 may not be able to  afford  facility  modification and cleanup and the result is



 an  abandoned  site.   This  research  found  no  cost/benefit analysis  or risk



 assessment"to justify this  policy,  which runs  a considerable risk  of creating



 more sites and  high cleanup costs  for  CERCLA.   The result may  be  that short-


 term benefits  will accrue to facility operators and users, and the  longer-term


 costs likely to be  borne by the site  operator, the government,  and the public


 will mount.




 RCRA coverage  stops at the fenceline




      RCRA  regulations  do  not 'require  corrective  action  for   groundwater



 contamination  which goes beyond the fenceline  of the regulated  facility which



 created the problem.   The  reason given  by EPA is  that  it may not  be possible


 for the owner  to  gain access to  the  neighboring property in order to conduct



•corrective action.  EPA  assumes that  the problem  of plumes migrating off the



 property boundary  would  be  addressed under CERCLA.  However  the  same  agency


 administers  CERCLA  and the  same problem of  gaining access to the  neighboring



 property would have to be  faced under CERCLA.   It is unclear why this problem



 can be addressed under CERCLA, but not earlier and less expensively under RCRA




 which does not legislatively limit actions to within facility boundaries.
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RCRA coverage  limited  to  30 years




     Even  though many  toxic wastes will remain  dangerous  for many decades,  if


not forever, RCRA regulations  require that a new hazardous waste disposal site


be  designed  so  that   it  will  not  leak   for  30 years  after  closure.    The


.regulations  also require   the  site  owner  to  be  responsible  for  routine


maintainance of the  site for 30 years after closure.   However after 30 years,


when the site  may be more  likely to leak,  or for a leak to be detected through


adverse effects,  the maintenance cost is turned over to CERCLA.




Financial.responsibility




     A major cause for the abandonment of  hazardous  waste disposal facilities,


and subsequently their becoming CERCLA  sites,  is  the  inability of site owners


to  finance  the  high   cost of  corrective  action.    This  was  recognized  by


Congress   in   its  explicit  requirement   that  the  RCRA  regulations  provide


assurances of  financial responsibility consistent with the risk.  Nevertheless


the  regulations   have no  financial  assurance  requirement  for  corrective


action.    A prudent,   precautionary  approach  in establishing  the  level  of


financial  responsibility,  considering  the  historically  proven  limits  of  the


technology,  would be  to  assume that a  leak will occur, will  not  be detected
                                                   «

very early, and that groundwater contamination will  be significant.




Contaminants regulated under RCRA and CERCLA




     The  universe of  toxic groundwater contaminants  of  concern to  CERCLA  is


greater  than  those  of concern to  RCRA.    CERCLA regulates  all contaminants


defined  by RCRA  but not  vice  versa.  Therefore,  a  RCRA regulated facility in


compliance  with  all  RCRA  standards   can  still  become   a  CERCLA  site.


Additionally  for  many contaminants  of  concern to  both RCRA  and  CERCLA,  the

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levels  of  detection  are  set higher  under RCRA  procedures than under  CERCLA

procedures.


Tolerance levels of contaminants
     Under  RCRA,  EPA  does  not  appear  to  have  set  tolerance  levels   of

groundwater  contaminants  based  on their  danger  to  human  health,  yet  under

CERCLA EPA  is  concerned with any  contamination which  threatens  human  health.

Under  RCRA,  tolerance  levels  appear  to  be whatever  detection  limits  result

from  the  chemical  analysis  techniques  used,  and  the  choice  of  technique

appears  to' be  based on  cost and ease of analysis  rather than  health  factors.

This  is  borne  out by  the fact that  for  many  chemicals  the  tolerance  level

(allowable concentration)  appears  too  high  to  adequately  protect  human  health,

and  for  many more chemicals, including  EDB,  dioxin, and DBCP, test  protocols

were  established without  knowledge  of  their  detection levels.   There  is  no

cost/benefit  analysis   to  evaluate  whether  costlie.r  analytical  techniques

should be used  to  lower  the detection  limits,  and no  risk analysis to  evaluate

whether  land  disposal of  some  chemicals should be banned until  the  detection

limits that are  determined to be adequate are  set by  EPA.

                         »
Geological standards


     There are  some geological  formations in which groundwater  movement cannot

be  predicted;   hence,  groundwater  cannot   be  monitored  effectively  at  these

sites.   There  are others  in'which groundwater contamination moves so  rapidly

that  it  cannot  be  detected and corrected  before  it  has spread  dangerously.

Many states (e.g.  California and Illinois)  and  other  government agencies  (e.g.

Nuclear  Regulatory Commission), therefore,  have set standards which  preclude

locating land disposal  facilities  in certain geological formations.  The RCRA
                                      -9-

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standards,  however,  do  not  recognize this  problem  in  permitting hazardous:

waste  land  disposal  facilities.   EPA has  indicated that  corrective action

technology  to   effectively  deal  with  groundwater  pollution  will  become

available in the future.

Groundwacer monitoring


     Groundwater monitoring must be  "custom tailored" for  each  site.  There

are numerous complex hurdles  to be overcome in order  to  do  the job right, the

failure  of  any  one of  which can lead  to incorrect  results.   If the geology of

the  site -is suitable  (which  it frequently is  not) and  if enough time, money

and  expertise  are  spent in  designing and operating  a  groundwater detection

system,  then  there is  a reasonable  chance  of  detecting pollution.   However,

groundwater monitoring has not  yet proven its  effectiveness as  a regulatory

tool.    Technical  complexity  and  site  specificity  make  it  difficult  - for

government  rules to set  the  conditions for effective groundwater  monitoring.

As  a  result,   many  facilities  are  inadequately  monitored  and  significant

improvement in  the  future is  unlikely.   A possible  alternative would be to

have   the   government   (but  not  necessarily   a   regulatory  agency)   conduct

monitoring.               *
                                                   i
Monitoring  in the Vadose  Zone


     Detecting  contamination  before it reaches  groundwater (i.e.  in the vadose

zone  underneath the  facility) might  save  millions of  dollars  in corrective

action costs  and might make  the difference in keeping a  site from becoming  a

CERCLA responsibility.   Vadose zone monitoring  has  been  used for  some  years at

hazardous  waste  facilities  in  several  states.    The  techniques  have  been

studied  by  EPA's research  laboratories and many of them  are  available today.
                                     -10-

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 Nevertheless,  both EPA's RCRA  interim status  standards and the 1982 standards




 for permitted facilities dismiss  the  use  of this technology without analyzing




 its effectiveness in reducing groundwater cleanup costs.






 Test for statistical significance






      Before a facility 'is  required  to report  the presence of contamination in




 a  detection  monitoring  well,  a  test  for  "statistical  significance"  is




 performed.   EPA has  chosen  a test procedure  which keeps  the  probability of




 falsely detecting contamination  low,  but  this has  happened  at  the expense of




 increasingrthe  probability that  groundwater contamination might go undetected




 until it becomes obvious through environmental impacts, when cleanup costs may




 soar.  Indeed, EPA apparently  has not calculated the probability of detecting



 contamination  with  their  procedures.   Under  some  circumstances (e.g. interim




 status  facilities   following  minimum  RCRA requirements)  the  probability, of




 detecting contamination may  be such  that  the plume  of  contamination goes by




 the detection system for many years.






 Delays in onset of corrective action






      The RCRA regulations  contain many  complex  procedural steps  which can




 cause delays of several years  in  implementing corrective action,  increase the




•costs of cleanup,  and increase the chances of the need for CERCLA.






 Compliance  monitoring and  corrective action






      For most  cases,  the technology does  not exist  to meet  the standards for




 taking corrective action  required by  the  RCRA regulations, nor  in all  cases




 for  compliance  monitoring,  required after  contamination  is  found.    The




 regulations  rely  on  the   availability of  the  technology some  time in the
                                      -11-

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 future.   The  option  of banning  land  disposal for untreated  hazardous  wastes


 until  the  technology  to clean up groundwater (to  background levels as required



 by  the regulations) is available does  not  appear to  have been evaluated.   How



 such  sites will  be treated is  unclear.   If  EPA insists on  their  meeting an



 unachievable  monitoring or cleanup standard  then the  sites  may  be forced  into
«•                                                                          -~


 bankruptcy and into the CERCLA program.  If such  sites are allowed to operate,



 Chen  groundwater pollution would likely worsen.
                                      -12-

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                          INTRODUCTION AND BACKGROUND                          :






     This analysis examines  how EPA has implemented the RCRA  statute,  and  how




this implementation  affects  the use  of  CERCLA.   Although OTA has not  focused




on the details  of  the  RCRA statute in this analysis, 'there  does  not  appear to




be a major  statutory problem.   On the other hand,  it is possible to conceive




of statutory  changes which could 'remedy the  problems found in this  analysis.




Indeed,  in  the current  RCRA reauthorization  process some  changes  have been




proposed which  would direct  EPA to  remedy some  of  the problems discussed  in




this Memorandum.






     The Scope  of  Superfund.   CERCLA provides authority to EPA to arrange  for




removal  and provide  remedial  actions  whenever any  "hazardous  substance"  is



released  or there  is  substantial  threat of  such  a  release.   In  addition,




whenever there is a  release or  substantial threat of a release of a "pollutant




or  contaminant"  which may present an imminent  and  substantial  danger to  the




public health  or  welfare, EPA  may also  initiate  removal  and remedial action




(CERCLA  §104(a))«   The  term  "hazardous substance" means  not  just' "hazardous




waste"  as  defined  under  RCRA,  but  includes   any  material designated   as




hazardous  or  toxic  under, the  Clean  Water Act  or  the  Clean  Air Act  (CERCLA




§101(14)).   "Pollutant or contaminant"  is  defined  even more broadly to  cover




any  .substance  that   can  cause   death   or   serious  health  effects   (CERCLA




§104(a)(2)).






     Thus,  CERCLA  goes  far beyond the original interest in  the adverse health




and environmental  impact of hazardous waste disposal.  It includes the  impacts




from such  sources as  mining operations,  leaking pipelines,  runoff  from  raw




materials, piles and spills from  loading operations.
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     At  the  time  CERCLA was  passed,  there  was no  systematic  attempt  to




ascertain  whether any  kind  of prevention  programs  were in  place.   While  in




many  areas,  such  as  air, surface  water, ground  water,  hazardous waste,  and




surface  mining,  there  are Federal  laws  in  effect,  for many others  there  are




none.    This  places  the  Federal  government  in the position  of assuming  the




responsibility  for the  failure  of operations  over which  it  has no  original




regulatory control.






     The extent of  government  control  over  the  several  causes  of environmental




problems covered  by CERCLA merits considerable  study.   This  paper,  however,  is




limited  to the  study  of  land disposal  of  hazardous  waste  as regulated  by




RCRA.   While all  modes of pollution  are covered by CERCLA,  this paper  will




only  look  at  groundwater contamination.  This  is  the most  significant mode of




contamination  accounting  for  the   majority  of   the   sites  on  the   National




Priorities  List  (1).  Moreover,  cleanup  of groundwater  contamination  poses




substantial technical complexity as well  as  very high costs.






     RCRA  and  Land Disposal.   Several aspects of  the RCRA regulations  have




already  received  considerable analysis.   For  example,  OTA completed  a  major




study  of hazardous waste Control in March,  1983 (2).   Another major  study was




done by  the  National  Academy of Sciences (7).  A  large part  of  these and many




other  studies  dealt with the  technology  of hazardous  waste  land  disposal and




its  alternatives.  Therefore  this  paper will  not focus on EPA's  regulations




under  RCRA for the  design and construction of hazardous waste treatment and




disposal  facilities.    This  analysis  concentrates   on '  EPA's   groundwater




protection standards  for land  disposal facilities.






     There are,  however,  several conclusions  from  these earlier works  which




will  help  to better  understand  the context of this paper.  The first is that






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even with  the  best  available  land  disposal technology,  hazardous wastes placed ;



in  land  disposal facilities will  likely migrate into  the  broader  environment



sooner  or  later.   The second  is  that there are commercially  available  waste



reduction  and  waste  treatment alternatives  to  the  land disposal  of  many



hazardous  wastes.    And  the third  is  that RCRA regulations present  technical

(•

and economic disincentives  to  industry to utilize  more  fully these  alternative



technologies.





     Many  more  resources  continue  to  be  allocated   to  the  regulation  of



fundamentally  flawed  land disposal  technology  than  to  the   development  and



demonstration  of  alternatives  to  land  disposal.    EPA  has   frequently  been



criticized for  not encouraging  alternative technological  approaches to  the



land  disposal  of   hazardous  waste.   EPA's  response  has been  (a)   that  the



technology for  recycling  and  alternative  treatment  to land disposal  may  not



exist  for  all or  most  wastes, (b)  that  the  technologies are  not  "off-the-



shelf"  but are  in  some stage  of  development,  and  (c) that to  the  extent to



which  technology  does  exist,  the necessary  plant capacity  may  not  be  in



place.   However, it will be seen  from this study  that  EPA did not  apply these



same  conditions to  the writing  of the  land  disposal  groundwater  protection



standards,  as  they  suffer  from all of  the same  defect-s.
                                                   t




     To  sum up,  RCRA regulations cannot  overcome  the fundamental inadequacies



of  land   disposal   technology,  and   experience  has  shown  that   regulatory



enforcement  efforts  do  not   assure   compliance  with  regulations.    Just 'as



troubling,  the following analysis  reveals that even if there was  compliance



with  RCRA groundwater protection  standards,  land  disposal  would still pose



serious  risks  to  health  and   environment.   Moreover,  attempts  to  limit  the



future use of  land disposal do not address the  problem of billions  of tons of



hazardous  waste  already land  disposed.





                                     -15-

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      Data to Illustrate the Scope of  the  Problem.   About 2000 hazardous waste

land  disposal facilities required to  conduct  groundwater monitoring  filed for

interim  status.   EPA has released data  for 1981  which provide some indication

of  the number  of hazardous  waste management  facilities which operated  that

year  and which  might  threaten  groundwater.   (Note that injection  wells are
*•                                                                          -
regulated under  another  statute  and  not   by  the RCRA  groundwater  protection

standards even though they are used  for hazardous waste disposal.)



    surface  impoundments                          770

    landfills                                     200

    injection wells                                90

    land treatment           •                     70

    waste piles                                    170

    storage  and  treatment tanks                  2040
      OTA has analyzed the data from EPA's study of waste management in 1981 to

 examine the extent to which  land  disposal facilities receive hazardous wastes

 which are toxic.   Such  information has  not  been  available previously.  Toxic

 wastes present  long-term chronic health  risks  and are  to  be  contrasted with

 waste  which are  hazardous  only  on  the basis  bf  characteristics   such  as

.reactivity,  ignitability, and  corrosivlty.   These results  are  given  in Table

 1,  but it should be recognized that the data have poor statistical reliability

 and there likely  have been  changes  in hazardous wastes  and waste management

 practices since  1981.   Nevertheless,  the  data  indicate 'that a  significant

 fraction—perhaps  a  majority—of  the  wastes  being  placed in land  disposal

 facilities nationwide are toxic chemicals which pose long-term health problems

 if  released  into  the  environment.   For  surface impoundments and  landfills

 almost all the wastes may be toxic,  while for injection wells  about one-third


                                      -16-

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                                   Table  1

      NATIONAL ESTIMATES OF HAZARDOUS WASTE  TYPE  BY  PROCESS  OF  DISPOSAL
                             FROM EPA 1981 SURVEY
                         (in millions of metric tons)
Well Injected
Surface Impounded
Landfilled
Land Treated
Other
Total Land
Disposed
Reported
as Toxic1
8
14
- 3
0.2
2
28
Reported as Reported as
Non-Toxic Waste Only
14 45
0.7
0.3 0.1
0.1
0.1
14 4
4
Totals
26.1
15.1
3.3
0.3
2.4
47.27
(Columns and row totals may not check because of rounding.)

Us defined in 40 CFR 261.24, 261.30 -261.33.

 As defined in note 1; wastes that are only ignitable, corrosive, and/or
 reactive.

 Respondants did not specify wastes by appropriate RCRA hazardous waste
 numbers.
4
 Private communication from EPA to OTA.
5                        •
 OTA analysis of data in "The CMA Hazardous Waste .Survey for 1981 and 1982"
 indicates about 60 million metric tons of hazardous wastewaters were injected
 into wells for the entire chemical industry.  These wastes do not appear to be
 included in the EPA data.  Nor is it clear what type wastes these are.

'May include above categories, ocean dumping, etc.
7
 The CMA report also indicates that, excluding wastewaters, hazardous wastes
 regulated by the states but not Federally can be as much as the amount which
 EPA regulates.

Source:  OTA
                                     -17-

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of the wastes may be toxic.




     A recent report by EPA's Superfund Task  Force  discusses  the future  of  the


Superfund program.  (Memo to Alvin L. Aim and Lee M. Thomas,  December  8,  1983)


EPA projects a  total  inventory  of 22,000 uncontrolled'sites.  As  of December,



1983, nearly  900 sites had  been evaluated;  and 546  of  those sites have been


placed on  the  National Priority List  (NPL).   Contamination  of groundwater  is


the  number one problem  with  currently assessed  uncontrolled  sites.    For



example, for the 881 sites scored for the NPL,  526  sites had  observed  releases


of hazardous  substances into groundwater.    Over eight  million Americans  are


potentially exposed  to the groundwater  from  these  sites,  and in  about  350 of



these sites the contaminated  groundwater is  the only  source  of drinking water


for  the affected  population.    Another  6.5  million people are  potentially


exposed  to contaminated  surface water  at  450  sites.  Most of   the  commonly



encountered  of the   444  toxic  pollutants  found  at  these  881  sites  are



acknowledged  by EPA  to exhibit  chronic toxicity  and pose health threats  at


extremely  low  levels  of human exposure.




     Furthermore, most of  the cleanups  being  conducted under  Superfund involve


either  leaving the  waste^  in  the  ground and  attempting  to  contain  them,  or


removing wastes and contaminated materials and placing them in land  disposal
                    «


sites.   Of the 546 sites on the NPL, 40  percent were  landfills originally  and



30 percent were surface impoundments.   We  are beginning to  see cases  of land


disposal sites  leaking after they have  received wastes from Superfund  cleanups



(e.g.,  the BKK facility  in California).    This  is  to  be  expected,  as  EPA



research,  as  early as  1975, indicated  that more than 90 percent  of operating


land  disposal  facilities were  leaking.   Therefore, not  only   is  the RCRA



regulatory  program  contributing to  future Superfund burdens,  but the Superfund
                                     -18-

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program  is  adding  to  the uncontrolled  site problem  through  its own cleanup

efforts.   While  attempts to  spread limited  Superfund resources  among many

sites  may seem  necessary  and reasonable,  the  longer term  risks  (often  to

different communities) and costs support a different approach.


     EPA's Dependence  .on  Current  Groundwater  Protection  Standards.  Current

Federal  regulatory  control  of  hazardous  waste  land   disposal  facilities  is

critically dependent on  EPA's groundwater  protection  standards.   Because  of

the admitted deficiencies and  uncertainties  of land disposal technology, such

as the inability of  synthetic  liners to fully contain  liquids and the unproven

long-term effectiveness  of leachate  collection  systems,  protection of  human

health and the environment  rests  ultimately  on the protection afforded  by the
                           •
groundwater monitoring requirements.

    For example,  EPA's director of its Office of  Solid  Waste has  said:

    While no  method  of   hazardous  waste  management  is failproof,  our  rules
    should protect  human health and  the  environment.    Even if a containment
    system  fails,   groundwater  monitoring  will identify  leakage  and  the
    pollutant plume  will  have  to  be cleaned  up.  (Letter  from John H. Skinner
    to Keith H. Gordon, August 12, 1983.)

     However,  no mention is   made  of  dealing  with the  leak  itself,  nor  of

stopping the disposal of  hazardous materials in the leaking site.  Cleaning  up

the pollutant plume  is of limited effectiveness when the leaking  is  allowed  to

continue.


     And  the  director for air and  waste management in EPA's  Region VIII has

said:

    In the Agency's view, the cornerstone of  our land disposal program rests
    on the  groundwater protection  standards.    They  were devised  to provide
    essential  environmental  and  health  controls.    (Letter  from  Robert   L.
    Duprey to Leo Younger, August 10, 1983.)

     More recently,  EPA has been formulating a national groundwater protection

strategy in response to a growing  awareness  that this  national resource needs


                                     -19-

-------
 more  effective protection.   EPA- recognizes that  "In  most  circumstances  it is


 prudent to protect the resource  from  contamination  in the  first place, rather


 than  rely on  cleanup  after the fact."   However,  because of OTA's conclusions


 concerning the inadequaces of the RCRA groundwater protection standards,  it is


 imperative to  note that  EPA's  new  national groundwater  protection  strategy

*.
 guidelines  "...will  not   alter  the   existing  technology   and  monitoring


 requirements    for   hazardous  waste   facilities  incorporated   in   existing


 regulations."       ("Draft   A  Ground-Water   Protection   Strategy  for   the


 Environmental   Protection  Agency," January,  1984.)   Thus,   OTA  concludes  that


 the goal of protecting the  resource  rather than cleaning it up after the fact


 is in serious  jeopardy.



      The  Economics of  Prevention.    The  national  problem  of  uncontrolled


 hazardous waste  sites  has  received much attention  not  merely  as  a  result of


 the threats to human health and  the  environment,  but also  because of the high


 costs  of  cleanup.   What was  once perceived  to be  a  problem that might be


 handled with a five year  $1.6  billion program,  is now generally recognized to


 require a long-term commitment - perhaps  many  decades  - with costs  which are


 still difficult to forecast.



      EPA  has   estimated  that  1400 to  2200 uncontrolled  sites  will  require


-Federal  action as National Priority List (NPL)  sites  for a cleanup  cost of


 $8.4 billion  to $16  billion  (in  1983  dollars).   The EPA estimate  does not


 include  costs  for  decontaminating polluted  aquifers.   In March,  1983,  OTA


 estimated future cleanup  costs  at $10  billion to  $40  billion.   However, an


 unreleased  survey  of  the   States  conducted  for  EPA  indicated that  State


 officials  believe  that  well  over  7,000 sites  will  require  cleanup  under


 Superfund; if  true this  would bring  cleanup costs  to the  high  end of  the OTA
                                      -20-

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 estimated  Moreover, such estimates have  not  included studies to indicate the




 extent  to which present  RCRA  facilities,  both  for  hazardous  and nonhazardous




 solid   wastes   (municipal  and   sanitary  landfills),   may   become   future




 uncontrolled sites.   These may total in the thousands.  Nor do these estimates




 include the costs  for cleaning up Federal  uncontrolled sites, which now number




 about  500 in EPA's inventory and are expected to increase.






     A major  economic  issue is  the  extent to  which  it pays  to  prevent  more




 uncontrolled  sites  from  being  created.    The  primary  consideration is  the




 widespread use of land disposal  rather  than alternatives to it.  Even if such




 alternatives were  substantially costlier than land disposal in the short-term,




 they would still  be  cheaper than the ultimate  cleanup costs for uncontrolled




 sites  resulting from  land disposal.   When such cleanup  costs  are  related to




 the amount of hazardous waste originally disposed they are generally 10 to 100




 times  greater than the  costs of currently  expensive waste treatment options.






     Cleanup costs for uncontrolled sites vary  greatly and depend not only on




 the nature  of  the  site's  problem(s),  but  also  on the  extent 'of  cleanup




 chosen.   If  permanent rather  than "band-aid"  cleanups are  used,  then  costs




 escalate  sharply.   For  »xample,  cleanups which  leave  wastes in the  land  or




 move them to  another land disposal facility  are far cheaper  than  the use of




 bnsite  or  offsite destruction  or  detoxification of  wastes.   But  such  lower




 short-term  costs  for  containment  and  land  disposal ignore  probable  future




 costs  of  cleanup actions  at such sites in  just the same way that land disposal




.of  newly  generated wastes does.






     Moreover,   although   there  is   much  groundwater  contamination   at




 uncontrolled  sites,   there   have   been    very  few  attempts   to  actually




 decontaminate the water  rather than to simply  contain  the plume of pollution






                                     -21-

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by,  for  example, a  slurry wall,  or to  take no  attion.   Decontamination  of

groundwater is a very costly and time-consuming  process  which  can  take  tens  of:

millions  of  dollars  and many  years  for  an  aquifer.   However,  such  cleanup

costs   can   be  minimized   by   minimizing   the   extent   of    groundwater

contamination.     Simply   put,   the  greater   the   volume   of   contaminated

groundwater,  the  greater  the  cleanup  costs  and  time.    In   addition  to

preventing  leaking  land disposal  facilities  and  correcting leaks  themselves,

future groundwater cleanup  costs,  therefore,  can be  reduced by early  detection

of groundwater  contamination and  prompt  cleanup.   There  is now  some evidence

(albeit of-a  statistical nature) that suggests  that  EPA's strategy may be not

to  spend  CERCLA  funds  to  decontaminate  groundwater.   A recent  analysis  of

EPA's  use of  the Hazard  Ranking  System  (HRS)  and  its  allocation  of  CERCLA

funds  found the  following:

     ...the  HRS  ground water scores  bear a statistically  significant negative
     relationship  to  obligations.   This  means   that  when  the  HRS  total  score
     increases due to  a higher ground water score,  the  increase in obligations
     is  smaller   than  if the increase in  the total  score is   attributable  to
     another component measure  of hazard.   ...Given the  relatively  high cost  of
     cleanup when  ground  water  contamination is  present,  EPA may have  concluded
     that  the  damage associated  with other cleanups  foregone  is  too great  to
     justify  cleanup  of  a  particular site's  ground  water.    ...If EPA  places
     greater weight  on short-term  dangers, they would  be  less likely  to  fund
     remedial  action  in  relationship to ground  water contamination.    ...this
     aspect  of EPA's  Supe^rfund  allocation decision  making  shifts the  social
     cost  of  hazardous  waste  forward to  future users  of  contaminated  ground
     water  or  to  future tax payers.   (Harold C.  Barnett, "The Allocation  of
     Superfund,  1980-1983,"  Dept. of  Economics,  Univ.  of  Rhode  Island.)

     Finally,  there  is  the  issue  of whether or not  it makes  a difference  if

cleanup of  groundwater  at  RCRA sites is accomplished under  the CERCLA program

(which this  analysis concludes is likely to  be the  case) rather  than through

the  RCRA  program.    Aside  from  the  equity of  the  situation,   there  is  a

difference     ',  if  it  is  advantageous  to have  the operators and  users of RCRA

land disposal facilities bear the actual  or  anticipated cleanup  costs so that

the  market  price of  land disposal reflects its  true  long-term costs.  Cleanup


                                      -22-

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may  require  CERCLA  funding*" without  collection  of  moneys  from  responsible

parties.   Enforcement action  under CERCLA may  not  be effective for  the  same

reasons  that RCRA enforcement  actions  may  not  be effective  (e.g., due  to

bankruptcy  of the  facility operator).   Consequently,  through the  financing

mechanisms  of CERCLA,  cleanup  costs  are  borne by  industry  broadly and  the
                                                                              *
general  public  rather  than  directly   by  the  most   responsible   parties.

Moreover, by  shifting cleanup  to CERCLA there is  likely  to  be  more  procedural

delays which  contribute  to additional  cleanup  costs as leakage continues  and

groundwater pollution spreads.
 After closure, responsible parties may not  bear  full  costs.   This  is  true  for
a facility which  is closed and,  after  five years, when there is no detection
of  leaking,   it  becomes  covered by  CERCLA's  Post-Closure  Liability  Fund.
Although the  fund is supported by a  tax on land disposed wastes,  there  is no
distinction  among  facilities  on the  basis  of   their  design,  location,  or
operation; hence,  there  is no incentive for active facilities to reduce  taxes
by achieving  maximum protection.   Nor is there is  any assurance  that  the fund
will be  able  to  fund  extensive  actions to  fix leaks  and cleanup  groundwater
contamination.
                                     -23-

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                       INDUSTRIAL SOURCES OF CERCLA SITES


     Although   RCRA  regulates  many  industrial   sites,   it   does   not   have

jurisdiction  over non-waste  related activities which  may cause a  site  to  be

addressed  under CERCLA.

*
     A review of the  National Priorities List  shows many manufacturing  sites

where   non-waste materials   have   been   spilled or  discharged  resulting  in

polluted groundwater.   Some of the mechanisms are:

     o   spills  in loading areas

     o   leaking tanks

     o   runoff  from storage piles

     o   spills  from floods, hurricanes and fires

     o   leaking underground pipelines, and

     o   leaking manufacturing equipment.


     Few measures* at  the Federal level have  been taken to prevent such non-

waste   sources  of  CERCLA sites.    There are  industrial sites  regulated  and

inspected  by EPA under RCRA which have considerable groundwater pollution from

non-waste   sources,  but  these are  largely ignored  by EPA.   For  example,  a

manufacturing  plant  might  have   a  waste  pile  and'  a  storage  pile of  raw

materials  on the same site.  Both may be capable of polluting groundwater from

 runoff.   The  legal  position of EPA  is  that there is an advantage  in having a

 groundwater  monitoring  network  which   does  not  detect  pollution  from  the'

material  pile,  because  doing  so would  confuse  any   enforcement  action  the

Agency could take against the site owner under RCRA.   However, pollution from



  One  of  the  few measures  which  has  improved industrial operations  is  the
 CERCLA reporting and liability requirements for leaks  and spills.


                                      -24-

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the material pile would trigger action under CER~CLA. Therefore,  in  the  absence;.;




of Federal  measures to control  pollution from  such  non-waste sources, it is




reasonable  to  expect  increasing pollution problems  to come under  the  purview




of CERCLA.






     There  are also  several waste-related  sources of  groundwater  pollution




that have been addressed by  acts of Congress but for one  reason  or  another  are




not  required  to   comply  with  the  most  stringent  groundwater   protection




regulations.   Often  there  is  a presumption  of  effective  waste  containment




technology  (Type  A),  that wastes do  not  contain toxic materials (Type B), or




that  toxic  wastes will   not  enter  the  ground  (Type   C).    These  are   not




necessarily  correct.   These  facilities  could,  therefore, become uncontrolled




CERCLA  sites.   Examples of  these,  which  are  not the  subject  of  the  following




analysis, include:






     Type A




    o   double  lined waste disposal  sites  with  leachate collection and  leak




        detection  systems




    o   injection  wells




    o   closed  hazardous w^ste  disposal  sites  not yet leaking




     Type B




    o   facilities for RCRA exempt wastes, including  state regulated hazardous




        wastes




    o   impoundments and   sanitary  landfills   (RCRA - Subtitle  D)  for  solid




        wastes




    o   disposal  sites  for petroleum drilling  wastes




     Type C




    o   waste recycling  and recovery sites
                                     -25-

-------
                                INTERIM STATUS                                 ;


     When Congress passed RCRA in 1976, it provided a  "grandfather"  clause for

existing facilities  so that  they  could  continue to operate  as  if they had a

permit until EPA  issued  them a permit (RCRA §3005(a)).   This  "interim  status"

was  to  allow  for  a smooth  transition to a condition of federally  permitted

hazardous  waste  treatment,   storage   and  disposal  facilities.    It  was not

envisioned, at that time, that this process would  take almost  two  decades.   As

of December  1983,  there were  about eight thousand interim status sites.  Two

thousand  of  these  are required to monitor groundwater  because they  conduct

waste  management   activities  capable  of  polluting  groundwater,   such   as

landfilling  and  placement in surface  impoundments  (3).  Although seven  years

have elapsed  since the passage of RCRA, none  of these two  thousand  facilities

has  yet  been issued a permit by  EPA   (3);* thus all continue  to operate  under

interim  status.    While  the  permitting  process has  begun,  EPA estimates  (6)

that it  will  not  complete the permitting of the 2,000 facilities  for ten more

years.   In the following  discussions  the  use of the  terms "new"  or ."permitted"

facilities  refers  to  either  newly  built  facilities   or  interim  status ones

which have become  permitted.
                          *
                                                   r
     EPA's   Implementation.     Although   Congress   allowed  interim   status

facilities to operate without a permit,  it did not  excuse  them from complying

with all the  standards  necessary for the  protection .of human  health  and  the

environment.   However, in May of  1980, EPA issued  "interim status  standards."

(40  CFR  265) as  the "minimum  requirements"   for  interim  status  facilities.

These were,  by EPA's admission,  considerably less  than what would, be necessary



  To  date EPA  has  permitted  only three disposal facilities  under  RCRA; all of
these are new facilities (3).


                                      -26-

-------
to  meet  the legislative  requirement for standards  adequate to project  human

health  and  the  environment.    These  interim  status  standards  (or Part  265

standards)  are  "in  lieu of"   (40  CFR  264.3)  the  more  stringent part  264

standards  which  only go  into effect after  the  facility is permitted  by EPA.

.This  action cut  off any  means  of  bringing an  interim status facility into

compliance   with  standards   "adequate   to   protect  human  health and  the

.environment" short  of issuing (or  denying)  a permit.


     EPA's  estimate  of  the time  to permit all interim status facilities is now

ten years,, after having  been revised  upward several times.   Many facilities

could be  in interim status for ten years and some for even longer.  EPA states

that  these facilities will  be permitted on  a priority  basis with the  highest

priority  going to  facilities which show the greatest  environmental problems.

Even  where problems  are  identified,  it takes over  a  year  to process a pe-rmit

and there  is  a backlog  of   over  1500  disposal  facilities waiting  for  their

permits  to begin to be  processed.


     As  previously  mentioned, the  interim status (Part 265) regulations do not

require  interim status facilities  to  comply with the more stringent Part 264

groundwater protection and  facility design standards.   The technical  details

of  the  groundwater  protection  standards  will  be  discussed  later,  but  the

importance of  stringent  groundwater protection  can be  .seen by  the fact that

there  are already over fifty RCRA interim  status facilities regulated by EPA

on  the  CERCLA  National Priorities List  (9). And several interim status sites


*There  are provisions in  both RCRA and CERCLA for EPA to seek an injunction to
require  action  if  it can be demonstrated  that  there may  be  an  imminent and
substantial endangerment  to  health  or the  environment.   These provisions may
have  been  used  in  a few cases to  require  corrective  action  for groundwater
pollution at  an active  interim  status site.    Their  use at  an  active RCRA
regulated site  would indicate  that  there  are  no  pertinent regulations with
which  the agency can require compliance.


                                      -27-

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 in which  wastes  from  CERCLA remedial  action  clean  up activities  have  been .




 disposed  have  been found  to be  leaking and  could themselves  become  CERCLA




 sites.





      Although the interim status groundwater monitoring requirements have only




..recently  gone into effect, about  145  facilities are currently "in assessment"




 because their groundwater monitoring  systems  indicate that they are polluting




 groundwater (10).  This figure takes on more significance when considered with




 a 1983  study by the General Accounting Office (6) of several states with above




 average regulatory programs.   The study found  that only 22% of the regulated




 facilities  were   complying   with  the  interim  status  groundwater monitoring




 requirements.






      EPA  is  reported  in the  press  to have  estimated that 50%  to 60% of the




 interim   status   land   disposal  facilities   are  leaking  and  will  require




 corrective action (60).  There  is evidence that  the figure is closer to 90% to




 100%.   A  study   conducted  by  EPA in  1975  (12)  investigated  50  facilities




 randomly  selected from  these  2,000  hazardous waste  disposal  facilities and




 found  that  over  90% of  them were leaking into groundwater.   Therefore, even




 .before the passage of  RCRA,  the poor state of  these  interim status  facilities




 was well known.






      EPA  could have written regulations for financial  assurance  for  corrective




 action; regulations to monitor  and gather necessary environmental  data as well




 as  regulations  to bring  them  promptly in  compliance  or  close  them  down.




 However,  the interim  status standards  abrogate most of EPA's  authority to




 regulate  interim status sites  until  they are  issued  a permit  by EPA.   These




 facilities  may continue to operate for  a  decade or more, perhaps  leaking all




 the  while,  increasing  the ultimate cleanup cost  and  increasing  the  chances  of






                                      -28-

-------
their ultimately becoming uncontrolled sites.                                 ;


     Indicator  Parameters.    To  illustrate just  one  aspect  of  the interim

status  standards,  consider  the  parameters  required  to  be  monitored  in

groundwater  at   interim  status  sites.   EPA  has  identified  four  indicator

parameters to determine  whether an interim status hazardous waste  facility is

leaking enough  to  cause  "gross  contamination."  The four indicator parameters

are:    specific conductance,  pH,  total  organic carbon,  and  total organic

halogen.    In  its  interim  status   permitting   standards,   EPA  limited  the

groundwater  monitoring  requirements  for purposes of  leak  detection to these

four  parameters  (40  CFR  265.92(b)).    EPA  gave the  following  reason  for

choosing these  four parameters  (45 FR 33194):


    Increases  in  specific  conductance  indicate  the  presence  of
    inorganic  substances in  the  groundwater.  Likewise, increases
    or  decreases   in   pH  suggest   the  presence  of  inorgar.ic
    contamination.   Total  organic  carbon (TOG)  and total  organic
    halogen  (TOX)  concentrations  in  groundwater tend  to increase
    as  a  result  of  organic  contributions  from  a hazardous waste
    facility.    The  methodology  to  sample and  analyze for  these
    indicators   is  presently  available.     EPA  believes   that
    monitoring  these  indicators  will be  sufficient  to  make  the
    threshold assessment of whether  a facility is leaking.


     However,  the  more  stringent  Part 264 standards  for  EPA permitted sites
                                                  ;
(40 CFR 264.98) give the EPA permit writer the  option of requiring monitoring

of  the  actual  waste  constituents or their reaction  product  rather than the

four  indicator parameters.   EPA's  guidance  to.  the  permit writers  (13)  says

this about the  four indicator parameters:


    In  some  cases,  these  parameters   may   not  be  the   most
    appropriate,  and  this use should be carefully reviewed  before
    they  are  included  as  indicator parameters  in  a detection
    monitoring  program.     For  example,   TOC  and  TOX  will  be  of
    little   value  at  a  facility  where  no  organic  wastes  are
    present,  and  even  at  facilities  handling  organic   wastes,
    background   levels   may   reduce   the   utility   of    these


                                     -29-

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    parameters.  The  use  of pH and  specific  conductance may also
    not  always  be  appropriate.   There  are  so  many geochemical
    controls  on pH,  such as natural buffering capacity, that it is
    difficult  to  predict  what changes  in  pH might  occur in  a
    leachate   migrating  through  the  unsaturated  and  saturated
    zones.    In addition,  unless  extremely  acidic or  basic,  the
    addition  of large  amounts  of  leachate will likely be required
    to significantly  alter pH.  Consequently,  pH may be suitable
    only  as   an indicator of  gross  contamination.    Detectable
    changes  in  specific  conductance  will   similarly   require  a
    relatively    large    increase    in   ion   concentrations.
 ;   Consequently,  it  may  also  be useful  as  an indicator of gross
    pollution,  and   then   only at  facilities  where  constituents
    migrating to groundwater are primarily inorganic  ions.


     Further   criticism of the  ability  of the  indicator  parameters to detect

toxic contaminants at  critical  concentrations was made at a  recent  groundwater

symposium (14):


    ....there  can  be  highly   selective  migration of  contaminants
    that  are  hazardous   to  human  health in  drinking  waters  at
    concentrations  far  less   than  those  that would  be detected
    using the  "indicator"  parameters.  For example, the  analytical
    detection   limit  for  TOX  is   5   ug    Cl/1.     The  toxic
    concentrations   of  many   organohalogens   are   less  than   1
    ug/l....for  some  organohalogens the  critical concentrations
    are  on  the  order of  picograms/1.   For  TOG,  the  analytical
    detection  limit   is  1 mg/1.    There is  a  large  number  of
    chemical  contaminants that occur in aquatic  systems that have
    critical   concentrations    for   human  health  at   orders   of
    magnitude  below  this  detection  limit.

                          •
     Number  of  Monitoring Wells.    Another  feature  of  the  interim  status

standards  is  that  they  require  only  three  wells  for  detecting  groundwater

contamination.  This is true  regardless of the size  of  the  facility,  the size

of  the  aquifer,  the extent of  pollution, or  the'  potential  for  damage  to  human

health  and the environment.    In many  cases,  three  wells  are  far too few  to

give  a  reasonable  probability  of  early  detection  of pollution.    In  the

processing of  RCRA  permits the number of required detection wells is  generally

in  the  range  of  four to  twenty  for interim status  sites  currently  operating

with  three wells.   On the state level, one interim status  site  in Illinois was


                                      -30-

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required by the  state  to  install 40 wells and another  over  50  (66), and three




sites  in  New Jersey are  required to  have  over one  hundred wells (62) while




Federal standards require only  three wells for  the  same sites.






     In  summary,  the   facilities which  are  most  likely  to  leak,   the   two




thousand  existing  interim  status  facilities,  have  a  much  less stringent




groundwater monitoring standard then the three presumably far  better  designed




new  facilities.   EPA's own  characterization of these  standards is that  they




are  "minimal  and are specifically designed not to  be burdensome"  (11).  There




are  no corrective action requirements  or requirements  to stop dumping should




groundwater  contamination be detected.   Sites found  to be polluting will  be



put  on a "fast  track"  for • issuing a  permit  so  that corrective action may  be



required, but  as of this date  no Federal permits  have been issued to  interim




status facilities requiring  groundwater monitoring.
                                     -31-

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                            LIMITATIONS ON COVERAGE






      The  viewpoint  of  EPA,   as  evidenced  in  the  groundwater  protection




 provisions of Part 264 of RCRA,  is to determine when  groundwater is getting




 polluted  enough  to cause  concern for public  health and then  to  require the




*groundwater to be  cleaned up.   There tool  for this is groundwater monitoring!




 Groundwater monitoring  is not  a feasible  substitute for  techniques  such as



 leak detection systems used as  a tool to analyze the engineering  soundness of




 the waste management facility,  e.g., to  locate a ruptured liner in a landfill




 or a leaking  storage  tank.  Permitted facilities  are required to be designed



 and built to exacting EPA engineering standards whose goal  is to "minimize the




 formation  and  migration  of  leachate  to  the  adjacent  subsurface   soil  or




 groundwater" (47 FR 32312).  However, when  leachate  does  appear in groundwater




 there is  no  requirement  to find  out what  went wrong, "a landfill -liner  which




 has  been  designed not to  leak does  not  violate the design  standards if the




 liner fails at some future time"  (47 FR 32330).  There is no requirement  under




 RCRA regulations for fully permitted  facilities that  the  leak be fixed or that




 the  waste disposal activities  be halted.   When  pollution may be coming from




 one  of  several  sources,  there  is no requirement to  determine which of them it




 is.   In short,  it is  not  a violation of any RCRA.standard to pollute.   There



 is  only the requirement  that  the  pollution  which  has  reached groundwater be




 cleaned   up   and   this,   as  will  be discussed   later,   is   a very  limited




 requirement.






      If  the  RCRA standards were  designed  less for  the  detection  of  pollution




 and  more  for  assurance  of  the  engineering integrity  of  the facility,  they




 would  have been  more  protective of  human  health.    If  EPA had the  viewpoint




 that the  detection of  any pollutant at any level was indictive of the failure
                                       -32-

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 of che facility to meet the design specifications, then EPA might  require  that:


 waste  disposal  be halted  while  the  failure is  found and  corrected,  or  the


 waste  removed.   Rather than  doing this,  however,  lengthy evaluations of  the


 extent  of  groundwater  contamination  are  conducted.   However,   there  is no


 evaluation  of  the implications of  a  leak  for  the continued  operation  of  a


 facility.



      A further measure which  tends to  suggest that many RCRA sites will become


 CERCLA  sites  is  the  fact  that RCRA groundwater  clean up requirements end at


 the  boundary  line of the  facility  (40 CFR 264.91 (a)(3)).  Any pollutant  that


 runs off the  property of  a RCRA regulated  site becomes a CERCLA  problem.   The


 regulations explain  that a site owner  cannot be expected  to  get permission for


 cleanup  outside  of the property  under his control.  The  regulations go on to


 state  that  "plumes migrating  beyond the property boundary could,  however, be


 addressed  under   other  authorities  such  as   CERCLA" (47   FR  32311).    The


 regulations  do  not  explain why EPA could handle this- problem under  CERCLA—


 perhaps  years later—when  EPA cannot handle it  under RCRA.



      A similar  EPA  limitation on its RCRA jurisdiction  is  to limit  the  site


 owner's  responsibility fo? site maintenance to  thirty  years  after site  closure
                                                   ?f

 (40  CFR  264.117  and 265.117).    Since  EPA  (as  well  as   many  others)  has

                          \
 concluded  that  it is "inevitable"  that landfills  and  disposal   lagoons  will


 leak  (46  FR  11126-28),   it   is  therefore  inevitable  that  many  of  these


 facilities  will  eventually  fall  under  CERCLA.    Moreover,  for  a number of


.reasons  (e.g. firms  going out of  business) clean-up costs would  then  shift


 from facility owners and users to the  government.
                                      -33-

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                         GROUNDWATER MONITORING WELLS                         . [


     The hydrogeology of  the  site is important in the design  of  a  groundwater

detection monitoring  system for  interim  status  and  permitted facilities.  A

good knowledge  of  the hydrology  and  geology in the immediate area of  a  waste

disposal site  is  necessary in order  to  know where,  how many, and  how  deep  to

locate detection monitoring wells.   In addition,  for  compliance monitoring,  it

may  also be  necessary  to be  able  to   create  a  mathematical   model  of  the

groundwater  flow in  order  to be able  to predict the  speed and direction  of

contamination movement.


     OTA  will  shortly  be  coming out with a study  of groundwater  pollution

which  will  go  into  some  detail  on  the  science  of  hydrogeology  so  it is not

necessary to  repeat that here.   This discussion will therefore  be limited to

this issue:   how realistic and  reliable are the RCRA (Part  264  and  Part '265)

standards for  establishing  groundwater monitoring networks?


     Hydrogeological   structures  are  very  complex.     In  determining  the

location, depth, number,  and  type of monitoring wells a great many assumptions

have  to be made  about the underground  geological structure  at  the  site, the
                          •
adjacent  area,  and  the  location,  depth,   quantity,  direction  and  speed  of

underground  water.    Furthermore,   the   proper  location  of  monitoring  wells

depends  on  a knowledge of  how  all the above parameters may vary with season,

rainfall, tidal water, and groundwater usage.  'These latter factors  can cause

groundwater  flow to greatly increase, decrease,  or  even change  direction over

time.


     The physically hidden characteristics of  hydrogeological structures mean

that  they cannot be viewed but  must  be  inferred from limited data.  Such data
                                      -34-

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are  obtained  from  sources  such  as  core  samples,  well drilling  logs,  and

historical  rainfall  data.    The  difficulty  of  doing  this  was  summarized

picturesquely  in  a recent review  by  the Princeton University  Water Resources

Program (27).


    Effective  monitoring of a  hazardous waste disposal  site is  an extremely
    difficult  data collection  problem.   To  understand its  complexity,  consider
    air  pollution.   Often we  can  see  whether  the  pollution  controls  on  a
    chimney  are  working:   the smoke may be  darkened and the  odor  (downwind)
    noxious.   As  the wind  carries the pollution smoke, we can see  and  follow
    in direction.

    Now  imagine  there are thousands  of  little chimneys around  a  factor  site.
    By  looking at the  smoke, we may  be  able  to   tell  which air  pollution
    control  devices   are  working   and  which are  not.  Again,  we  can see  the
    trail of polluted smoke as  it  is  carried  away.

    Imagine  that  we cannot  see  the sky,  we cannot  tell  the  direction  or
    velocity  of  the  wind, and  we  ask:   Is the factory  (with its  thousands  of
    little  chimneys) polluting the  air?   That  is our  groundwater  monitoring
    problem—at its  easiest.   It is  made more difficult because the  geological
    properties of the soil vary with depth and  direction, and this variation
    is  unknown or uncertain.   When  we look up  in the  sky,  we observe  the
    spatial  variation of the  pollutants.   If we could  look  up only through a
    small  tube or telescope,   then  the  information  we gathered  from the  one
    sighting  might  not  be representative  of what we  would  see  if we  looked
    everywhere.    The   small   tube   into   the  sky   is  like  our  groundwater
    monitoring well:  the  data we gather may not tell  us too much  about what
    is occurring  in  other nearby  locations.


      One of   the few  studies .of  operational   land  disposal sites  was  an

investigation  of  50  typical hazardous waste  disposal sites conducted in 1976-

77  for  EPA  by  the  firm of  Geraghty  & Miller   (12).   One of  the  major

conclusions  of this  study was:


       At sites  presently monitored the use  of wells as an aid in
       evaluating groundwater  conditions is generally poor,  due to
       inadequacies  with respect  to  one or more of  the following
       parameters:


       —number  of wells
       —distance of wells  from potential contamination source
       —positioning of  wells  in  relation to  groundwater flow
       —selection of screened intervals
                                      -35-

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       —use of proper well  construction  materials
       —sealing against surface water  contamination,  or  inter-
         aquifer water exchange
       —completion methods,  such  as  development, maintenance,
         and protection against vandalism


     Of  the  50 sites evaluated by Geraghty & Miller, 32 of  them  had  existing

.grbundwater  monitoring  systems  which  were  usually installed   to  meet 'the

requirements  of  state law.   Of the  32,  Geraghty  & Miller found  7  monitoring

systems  (or  22%)  so  inadequate that  they had  to install  new  wells in  order  to

conduct  the  relatively basic monitoring required by the  contract.


     RCRA.was  passed in  1976 during the Geraghty  & Miller study.  Six  years

later, in  1982-83  EPA conducted another study of  148 interim  status facilities

which had  implemented groundwater  detection monitoring programs in response  to

RCRA  interim status  regulations (31).  They  found  that  64  facilities  (or 43%)

had   "deficiencies  related  to   the   number,  depths,   and/or  locations'  of

monitoring wells."  Among  the problems encountered  were:


    o  background  wells  not in the uppermost aquifer,

    o  background  wells  affected  by the facility,

    o  downgradient   wells   not    located   in  the   direction   of   expected

       contamination movement, and
                                                   t

    o  downgradient   wells   not   located  at  depths  which   would  intercept

       contaminants.



      These  studies   show   that  the  percentage of  unsatisfactory  monitoring

systems  was  22% in the 1977 study and 43% in the  1983 study.  Since these two

studies  are  not comparable,  it is perhaps  too simplistic to  conclude that the

practice  of groundwater  monitoring  had  deteriorated in those six years,  but

there is  no basis for believing,  in spite of improvements in technology, that


                                      -36-

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the practice  had  gotten any better.   There are several possible  explanations!




(not mutually  exclusive)  for this state  of affairs.  There was a workshop  of:




experts  on  groundwater  resources   and   contamination  in  the  United  States




sponsored  by the  National  Science  Foundation  in  March of  1983  (30).   One




expert, Keros  Cartwright,  head of the Hydrogeology and Geophysics Section  of




the Illinois State Geological Sur\rey,  offered  the  failure  of  our  institutions




as a major problem.  He stated that:   "From my  experience,  very few monitoring




systems  today  on  existing  disposal  sites  are  adequately  monitoring the




site."(33)   And  that  "the  most common  reason  we have  (for monitoring)  is




simply  a  cosmetic procedure to  reassure the  public.  ...  too  many of our




monitoring systems are  cosmetic,  not  real." (34)






     Another  expert,  Professor   John  Cherry,  pointed  to  limitations in the




state  of  the  art  as  a  second explanation.   He  observed,  for example,  that




"contamination   migration   in   fractured  rock   is  complex  and   generally




unpredictable"  and  that  "prediction  of  contaminant  travel  paths  through




fracture networks  is  generally  beyond the state  of the  art"  (35).   Not  only




fractured  rock but fractured clay and  fractured silt make for very  difficult




monitoring  conditions.  The best media  for predicting pollutant  movement and




the one for  which  there is the most  knowledge is sand and  gravel.   Ironically,




this  media is  the worst  media  for  land  disposal  because  of  the rapidity  of




pollutant movement in  these  very  porous soils.   The only soils which  have good




containment  properties and  are  hydrogeologically  predictable  are unfractured




silt  and clay.  However,  these soils are found in only about 10 to 20% of the




United  States  (36).
                                     -37-

-------
     There are many  other  hydrogeological conditions which make the design  of :

groundwater monitoring systems very difficult if not  impossible:

    o  There can be  connections between  different  aquifers which are difficult
       to detect. (39)

    o  Groundwater  flow can  change  direction  due  to:   intrusion  of  tidal
       water, seasonal recharge patterns,, nearby production wells,  etc.  (38)

    o  Leachate  does not  always  flow straight down  to an aquifer, but  under
       some geological  conditions would  flow at an angle and  enter an  aquifer
       downstream of the monitoring wells.  (24)

    o  Liquid  contaminants  in an aquifer  do  not  always  flow in  the  same
       direction as  the  groundwater.  (37)


     A third possible  explanation for the poor state  of  groundwater detection

monitoring  involves  a  combination  of  institutional  problems  and   current

technology limitations.  Frequently,  the establishment of a  proper  groundwater

monitoring  system  takes  a great deal   of  money,  time  and  expertise,  all  of

which are  normally  in short supply.  In order  to  meet governmental regulatory

requirements  without  costing too much,  reliance is  placed  on  "engineering

judgment"  rather  than  hard data.   This  warning  appears  in  the EPA  RCRA permit

writers  guide  (5):


    Experience   with   the  installation   of   monitoring  systems  for
    compliance  with the  ?nterim  Status  Regulations  has indicated that
    most owners/operators   who  have  hired  a ground-water consultant  to
    install  the  groundwater monitoring  system   have  not   envisioned
    spending  the time or  money  to conduct as thorough  an  investigation
    as is  suggested in  this chapter.   To retrieve  all of the  information
    necessary  to design the system in accordance  with considerations  in
    this document,  test-boring and piezometer installation programs will
    be  necessary.    Though some  local geologic reports  usually  exist  in
    the  region of  most  facilities,  site  specific considerations  almost
    invariably require extensive  test borings.   Because of the  lack  of
    time and funds, in most cases parameters  such as  the  direction  of
    ground-water flow and the nature of  subsurface  materials have been
    determined through  evaluation of  local topography and,  to  the.extent
    possible,   evaluation  of  existing  building  foundation  borings.
    Monitor  wells are usually located  on the basis  of  this  information
    and  completed to just  below  the  water table.   Variations  in ground-
    water  flow direction  and geologic variability have usually not been
    considered because of   lack of  information.  The primary  factors  for


                                      -38-

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    minimizing  the  pre-monitor well  installation  field investigation
    have been time and cost.


     A  similar  point  about   cost  was  made   by   David  Miller   at   a

Congressional hearing  in 1982  on  EPA's  Part 264 groundwater protection

s.tandards (41):


    There  are,  of  course,   certain  geologic   environments   in   which
    monitoring   becomes   extremely  expensive  and  may  not   be   cost-
    effectively  employed.   In order  to obtain  credible  information,
    dozens of wells  and  hundreds of groundwater samples may be  required
    to  develop  an  adequate   analysis   of   the hydrogeologic system.
    Although there are probably a  large number  of existing  land diposal
    sites  located  in  such  areas,   it  is my  recommendation  that no new
    land "disposal  facilities  be  allowed   under  these  conditions
    regardless of engineering  design.


     What  is   required  for   a  facility   operator  to  detect   groundwater

pollution?  The  hazardous waste disposal  facility operator must want  to detect

groundwater  pollution,  and must   determine  if  the geology  of the  site  is

suitable for groundwater monitoring.  The operator must  be willing  to  hire  the

experts, spend the  time,  and spend the money (probably  far  in  excess  of  EPA's

minimum  requirements).   Finally,  sampling  and analysis procedures  must  be

designed which optimize  the ability to detect contamination, even  if  they  are

more  stringent  than  EPA's   procedures  (see   e.g.  section   on   statistical

procedures).  There  are  many facilities  operating this  way, although  they  are

not required  to  do so.   However,  they are not  required to  report to  EPA  the

results of anything  over  the minimum requirements.


     At  the  other   extreme  is  the  facility  operator   who monitors  his

groundwater   because  he   is    required  to,   fulfilling  only  the  ' minimum

requirements  of  the law.   He  may  hire  experts  more as the representative  of

the interests  of the facility  operator  in dealing  with the regulatory agency

than  in  optimizing the efficiency  of  the groundwater detection system.   Past


                                     -39-

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experience has  shown  that groundwater detection systems designed and  operated




under  these  circumstances  have  a low  probability  of  detecting  groundwater



contamination.  Many of the sites  on  the National  Priorities List (1)  had  such




groundwater monitoring systems.






     The  latest  EPA  Part  264   regulations   of   July  26,   1982,  while"  an




improvement  over  the  Part  265  standards,  do  not  take  account  of   past




experience on the failure of regulatory groundwater monitoring systems, nor  of




expert  advice  on  the  unsuitability  of  many  geological  formations.     It




continues  to rely  on  regulatory  groundwater monitoring  in  any  terrain  to




detect  leaks.   But  the minimum requirements of the  regulations  are inadequate




to  assure a  high  probability  of  detection.   As a  result,  many  more sites,



including sites permitted under RCRA. will  probably be added  to the  National




Priorities List.






     One  additional point  should  be made.   Several experts  have  pointed out




that  a  knowledgeable  but unscrupulous  person  could  set up  a  groundwater




monitoring  system which  met all  the legal requirements of Part  264 but  which




would  not be  likely  to  detect  a contaminant  plume.   This  is mentioned  to




illustrate the  vulnerability  of the current  regulations.
                                      -40-

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                         CONTAMINANT TOLERANCE LEVELS                          \


     The RCRA  regulations  for EPA permitted  land  disposal facilities (40 CFR

264),  unlike  those for  interim status  facilities (40 CFR  265),  provide for

detection  monitoring  .of  the  specific  contaminants  being  disposed   as  an

alternative to the use  of  the four indicator parameters (at the discretion of

the EPA  permit writer).   This would  appear  to  overcome  one  of the problems

mentioned in the  section on Interim Status.  Upon close examination, however,

this process  raises  many  other equally troublesome  issues  having to do with

the tolerance  levels of  these  contaminants.


     In  regulatory  parlance  the  "tolerance level"   of  a  chemical  is the

concentration  which is  acceptable  to the regulatory agency.  The Part 264 RCRA

regulations   do   not  have   an  explicit   tolerance   level   for   groundwater

contaminants  except  for the  sixteen  chemicals  in  the EPA primary drinking

water standard.   However for the hundreds of toxic constituents listed  in the

RCRA  regulations  (40  CFR  261  appendices  VII and VIII)  there is  an implicit

tolerance  level.   The  regulations specify  that  the EPA  publication  "Test

Methods  for Evaluating  Solid  Waste, Physical/Chemical Methods" (17) shall be

used to  determine whether* a sample contains  a given  toxic constituent  (40 CFR

261 appendix III).


     For most  substances,   reference  17  lists more  than   one  analytical

method.  Some  methods  are  more sensitive than others.   In  issuing  permits, EPA

plans  to use  relatively  low cost  scanning  techniques,   which  are the  least

sensitive methods, explaining (59):

    The  Agency feels  that a special  hiearchical  approach is appropriate  for
    this  purpose.    These  approaches  will  first  use  scanning  techniques
    designed  to  detect broad  classes of  compounds.    If  the  presence of  a
    particular class  of  compound  is  detected,  more specific  analysis  to
    determine  which  constituents  are  actually  present can  then be  initiated.


                                     -41-

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    Although some sensitivity may be  sacrificed  by such an approach,  the  range
    of detection of certain scanning  methods  are clearly adequate....

Therefore,  the  detection  limit  of   the   scanning  methods  which  are  least

sensitive  of  the  required  test methods,  constitutes  a  de  facto  tolerance

level, since no  action- will be taken  for contaminants  which  appear below that

level.   Furthermore,  there are more  sensitive test  methods than those chosen,

and EPA  has demonstrated  in the  case  of  dioxin that more sensitive methods can

be  developed when  required.  The  RCRA regulations  give  no explanation of why

certain  test  procedures  were  chosen  and why  others  were  not.    Finally,

tolerance  levels are  only implicit  in  these procedures for most  cases,  and

have  not actually been determined,  and this is discussed below.


      Table  2 illustrates  the  fact that these implicit  tolerance  levels  have

been  set without adequate  consideration of health  effects.   The first column

shows the minimum  concentrations  at which  twelve  selected  chemicals cari be

detected using  the  RCRA  procedures  (17).    For each  of  these  chemicals, the

second   column shows  EPA's estimate  of  the  concentration which  EPA projects

will  cause one  cancer per one  hundred  thousand  people  drinking  two liters a

day  of  the water   over   a  lifetime  (45   FR 79325-41).   The  concentrations

associated  with cancer arT based on  animal studies, and projections from high

doses to low  doses,  and  projections  from  carcinogenic activity in animals to

estimated effects in humans.    There are   substantial  disagreements about the

accuracy of  such  projections,  and  the   values  listed  in  table  2  are not

universally accepted.  They are, however,  EPA's own published  projections and

they  continue to be  used by EPA.  Since it  is  EPA's  criteria  which determine

whether a site should be included  in  CERCLA,  these  projections  are  relevant to

 this  study despite uncertainties about  their  derivation.
                                      -42-

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                                          Table 2

                         EPA DETECTION LIMITS FOR SOME CARCINOGENS
                        Highest permitted
                       EPA detection limit
      Concentration projected**
      to cause one cancer per
         100,000 people T
  Projected**
  cancers  per
100,000 people
.Chemical (nanograms/liter) (17)*
aldrin
.dieldrin
1,1,2, 2-tetrachloroethane
3,3 '-dichlorobenzidine
heptachlor
PCBs
benzo(a)pyrene
benzidine
chlordane
DDT
1,900
2,500
6,900
16,500
1,900
36,000
2,500
44,000
14
4,700
' nanograras/liter)
0.74
0.71
1700
103
2.78
0.79
28
1.2
4.6
0.24
-
2,600
3,500
4
160
680
46,000
90
37,000
3
20,000
* A nanogram is a billionth of a gram.
  one part per trillion.
One nanogram per liter is approximately
* Projections based on the consumption of two liters (a little over two quarts) a
  day of the contaminated drinking water over a lifetime.  Projections are also
  based on animal studies that include assumptions on the transfer of results
  from animals to humans, and extrapolation from high doses to low doses.
  Despite the uncertainties introduced by these assumptions, these are the
  projections EPA uses.  Column 3 has been calculated by OTA by dividing Column 1
  by Column 2.  This calculation converts back towards high doses.  Uncertainties
  introduced into Column 2 by high-to-low dose extrapolation are thus partially
  corrected for in deriving Column 3.  Column 3 contains no correction for
  uncertainties introduced by applying animal results to humans.

tReference:  45 FR 79325-79341
                                     -43-

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     By  dividing the  entry in  the  first  column  by the  entry in  the  second



column,  the  projected  number of cancers per one hundred  thousand  is estimated



in  column three.   Thus,  for  example,  table  2 shows  that a  hazardous  waste



disposal  site  operator, permitted by  EPA,  may, without  violating  his  permit,



pollute  groundwater with up to 2,500 nanograms per liter of dieldrin.  This is
*•                                                          ,                  —


a  concentration which  EPA data projects may  cause 3,500  cancers  per  hundred



thousand people who drink such water over their lifetime.





     To  put this in  its proper context, EPA  is  currently seeking  to  ban the



use  of pesticides on  the  basis that the cancer  risk  is as low as  one in one



hundred  thousand  (8).   Therefore,  it is  likely  that  a  facility which is



polluting  groundwater  at a level which is  projected to cause 3,500 cancers per



hundred  thousand would come to the attention of CERCLA.





     The  next   point   to  be   made  concerns   the  explicit  tolerance  level



associated with the sixteen contaminants  for  which there is  an  EPA drinking



water  standard.  EPA  allows  (20)  that for pollutants for which  there  is an



existing EPA primary  drinking  water  standard, RCRA permitted  facilities may



 contaminate up  to the standard.  The  primary groundwater pollution standards



are shown in table 3.  Just  as  in  table 2 (and  with  the same caveats),  this

                                                   t

 table  also projects the  cancers  per hundred thousand  for those substances for



"which  data  are available  from the  EPA published  source.   In  addition, the



 fourth column indicates the substances known or believed to be carcinogens.





      For  some  of  these pollutants,  there  may be  no  "zero effects" level and



 any amount of the substance  is  considered  a   risk  to  human  health.   For



 example,  cadmium is  carcinogenic (23)  and is not  considered  without  risk at



 any level  (15).   Arsenic,  lindane  and  toxaphene are  alleged carcinogens  and,
                                      -44-

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                                         Table 3
              DATA ON RCRA POLLUTANTS WITH PRIMARY DRINKING WATER STANDARDS
Pollutants

arsenic

barium
cadmium

chromium

lead

mercury

nitrate (as N)

selenium
silver

fluoride

endrin

lindane

methoxychlor

toxaphene

2,4-D

2,4,5-T, Silvex
 EPA Primary
Drinking Water
  Standard
   (ug/1)*

        50
      1000
        10

        50
        50

         2
     10000

        10
        50

 1400-2400
       0.2

         4

       100

         5
       100

        10
Concentration
projected** to
cause one cancer
per 100,000 people'T
     (ug/1)	

      0.022
Projected**
cancers
per 100,000
people	

    2300
Comments

    a

    b
    a
      0.186
      0.0071
      22
     700
a - known human carcinogen  (23)
b - probable human carcinogen  Ifssed  on animal  studies  (23)
                                                        '.
*  ug/1:  microgram per  liter, or  millionth  of a  gram  per  liter.
   approximately one part per  billion.
                                           1  ug/1 is
** Projections based on the  consumption  of  two  liters  (a little  over two  quarts)  a  day
   of the contaminated drinking water  over  a  lifetime..   Except  for  arsenic,  projections
   are also based on animal  studies  that include  assumptions  on  the transfer of results
   from animals to humans, and  extrapolations from high doses to low doses.   For
   arsenic, projections are  extrapolated from the effects of  high doses in humans.
   Despite the uncertainties  introduced  by  these  assumptions, these are the  projections
   EPA uses.  Column 3 has been calculated  by OTA by dividing Column 1 by Column  2.
   This calculation converts  back  to high doses.   Uncertainties  introduced into Column 2
   by high-to-low dose extrapolations  are thus  partially corrected  for in deriving
   Column 2.  Except for  the  arsenic number, which is  based on human data, Column 3
   retains the uncertainties  introduced  by  applying animal results  to humans.

tReference:  45 FR 79325-79341
                                           -45-

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as shown  in  table 3, are  associated  with significant cancer risks at  the EPA




tolerance level.






     The  next  point in  regard  to  tolerance  levels is  that  not  all  toxic




pollutants which  can cause a site  to be regulated under CERCLA are  monitored




under RCRA.  A most  conspicuous  example  is  dioxin  contaminated  soils  which "are




being sent  to RCRA  regulated landfills  although under regulations EPA cannot



currently require the monitoring of some dioxins, although  they are  proposing




to do so  (48 FR 14514).  Table  4 is  a list of  some  other hazardous  substances




regulated under CERCLA  which  are not  regulated  or  monitored  under  RCRA.






     Table  4 was drawn up  by   reviewing  the rules  proposed  under CERCLA  on




May  25, 1983  (48  FR  23552).   These  rules propose "reportable quantities" for a




long  list  of  hazardous  substances.   A  reportable quantity (RQ)  is  that




quantity  of  a  hazardous substance which  if spilled  must  be  reported  to  the




National  Response   Center  (CERCLA   §103)  so  that,  among  other  things,   a



determination can be made  if  any response  under CERCLA is necessary.   RQ's  are




based   on   six  criteria,   i.e.,    aquatic   toxlcity,   mammalian   toxicity,




ignitability,  reactivity, acute toxicity, and  carcinogenicity.  They  are  in




five reporting  levels:    *,  10,  100,  1000, and 5000  pounds.  The  lower the  RQ




the  more  hazardous the  substance is supposed to be.






     Table  4 lists  those hazardous substances  which  have proposed RQ's in the




two  most hazardous  categories  of 1 and 10 pounds and which are not regulated




under  RCRA.   The proposed rules do  not indicate  the basis of  the  rating  for




each substance;  therefore, it is possible that it is inappropriate to regulate




some of  these hazardous substances  under RCRA,  but no discussion of this issue




has  been found.   Table 4 also shows  the  oral mammalian  toxicity  (in LD50)




where  this  information is available in the NIOSH registry (3).






                                      -46-

-------
                                   Table 4

                    SOME  POLLUTANTS  REGULATED  UNDER CERCLA
                  (REPORTABLE  QUANTITIES)  BUT  NOT UNDER RCRA
Pollutant
carbofuran
chlorpyrifos
diazinon
dichlone
alpha - endosulfan
beta - endosulfan
endosulfan sulfate
endrin aldehyde
guthion
mercaptodiraethur
nievinphos
naled
Proposed
Reportable
Quantity
(pounds) t
• 10
1
10
1
1
1
1
1
1
10
10
10
Oral (mammal) LD50*
(mg/kg) (23)
11
97
76





13
34
3.7
250
t 48 FR 23552-23595
   LD-Q - Lethal Dose Fifty - a calculated dose of a substance which is
   expected to cause the death of 50% of an entire defined experimental animal
   population.  It is measured in milligrams of substance ingested per kilogram
   of  animal body weight.  For comparison purposes note that the oral toxicity
   of  iodine is 14,000 mg/kg, arsenic acid is 48 mg/kg, and potassium cyanide
   is  10 mg/kg.
                                     -47-

-------
     The  significance of  table 4  is that  these  substances could  be  leaking


into groundwater from a RCRA permitted  facility without  violating the  permit,


yet would be candidates for regulations under  CERCLA.   Even more to the point


is  the   fact  that  if  these  substances   are  spilled   in  transportation  or


manufacturing  operations  in  excess of  their  RQ,  they must, under  CERCLA,  be

*•
cleaned  up and  disposed in a  RCRA regulated  facility where RCRA regulations


would  not require their monitoring.



     Table 5 addresses  those  contaminants of  concern to CERCLA that are also


regulated under  RCRA.  In  many cases,  the  groundwater  detection  levels  are


higher under RCRA, as much as 1000 times  higher.   This  is another example of


the  puzzle that  often occurs  in comparing  RCRA  regulations with CERCLA.  The


cure   is  more  protective  of  public health  than  the prevention.  Thus  an EPA


RCRA   regulated  site  may  legally  pollute  groundwater to a level tolerated by


RCRA  but come to the attention of CERCLA for the same pollution.



      The last, and perhaps most important  point  in regard  to tolerance  levels


is that  for  many,  perhaps  even  for  most of  the several  hundred hazardous


constituents  for which EPA  has   published test  procedures  for groundwater


monitoring samples (17), the level at which these contaminants  can be detected


has  not  been published  in reference  17  and  has "not yet  been determined by


-EPA.    Although  research  is  underway to  determine  detection  levels, this


further confirms that considerations of human  health did not play a major role


in determining the test protocols  to use.  Some of the  hazardous constituents


 for  which  EPA does not  yet  know  the detection limits are listed in table 6.


The  substances   shown  on  this  table were  selected because they are  alleged


 carcinogens to  which preliminary  EPA research has  given high   hazard ratings.


 Nevertheless, RCRA  rules permit groundwater contamination  by these  substances


 to an, undetermined level.



                                      -48-

-------
                                   Table  5
          SOME EXAMPLES OF GROUNDWATER DETECTION LEVELS OF HAZARDOUS
           CHEMICALS WHICH  ARE  HIGHER  UNDER  RCRA  THAN  UNDER  CERCLA
                          CERCLA Detection          RCRA Detection
Pollutant               Levels (ng/1)(21,22)        Levels (ng/1)
dieldrin                         .,5                  2,500 (17)
DDT                              10            .      4,700 (17)
DDE                               5                  5,600 (17)
ODD                              10                  2,800 (17)
heptachlor                        5                  1,900 (17)
heptachlor epoxide                5                  2,200 (17)
aldrin                            5                  1,900 (17)
antimony                     20,000                 32,000 (63)
arsenic                      10,000                 53,000 (63)
cadmium                       1,000                  4,000.(63)
lead                          5,000                 42,000 (63)
selenium                      2,000                 75,000 (63)
thallium                     10,000                 40,000 (63)
                                      •49-

-------
                             Table  6
SOME CARCINOGENIC CHEMICALS FOR WHICH EPA HAS NOT YET DETERMINED
    THE  LEVELS  AT  WHICH  THEY CAN BE  DETECTED IN  GROUNDWATER
                 BY THE METHODS OF REFERENCE 17
     aflotoxin  •
     4-aminobiphenyl
     aziridine (ethyleneiraine)
     bis-(chloromethy!)ether
     chloromethyl methyl ether
     1,2-dibromo-3-chloropropane (DBCP)
     diethylnitrosamine (n-nitrosodiethylamine)
     diethylstilbesterol*
     dimethylaminoazobenzine
     7,12-dimethylbenz(a)anthracene
     dimethylcarbamoyl chloride
     1,2-dimethylhydrazine
     ethyl methanesulfonate
     hydrazine
     methylnitrosourea
     nitrosomethylurethane (n-nitroso-n-methylurea)
     n-nitosopiperidine
     n-nitrosopyrrolidine
     streptozotocin*
     2,3,7,8-tetra$hlrodibenzo-p-dioxin  (TCDD)
     ethylene dibromide (EDB)
      *Test methods not yet published  by EPA as of January 19, 1984.
                              -50-

-------
      In  addition,  the RCRA test procedures manual  indicates  that when several

chemicals   are   mixed  together,  as  is  usually   the   case  in  groundwater

monitoring,   the   ability  to  detect  a  specific  chemical  by   a  given  test

procedure  is reduced.    These  so  called analytical  interferences raise  the

detection  limits by  an  undetermined  amount  (17).   It is  clear  that  not being

able  to  detect  carcinogens,   which  can be  of  concern  at  very  low  levels  of

.contamination,  as  well as other hazardous materials,  is not  only dangerous to

human health, but  increases  the likelihood of CERCLA involvement.


      The effects of this can  be best  illustrated with the example of ethylene

dibromide  (EDB).   EPA has recently  cancelled the  use  of EDB  as  a  fungicide

because  of  its carcinogenicity.    In  recent  Congressional  testimony,  EPA's

pesticide  program  director,  Edwin Johnson said (58):


     . .  .  .we  believe  that the risks  posed  by  EDB in drinking water at
     levels in  the  low parts  per  billion are roughly  comparable to  the
     risks  posed by  grain fumigation.   In both  cases we  consider these
     estimated  risk  levels   to  be   unacceptable  for   a  lifetime   of
     exposure. . .  .According  to  our  information,  the  State of Florida
     has  acted  to  provide alternative drinking  water  for approximately
     500  wells found  to  contain  EDB  at or above  0.1 p.p.b.  This appears
     to  be  a  responsible  and  effective  way   of dealing  with  these
     potential  risks.    In  short,  the  risks  of  EDB  being  reported  in
     Florida ground water (typically 1 to 20 p.p.b.) are probably similar
     to risks posed by grain products.  ...


      EPA's  Office  of  Solid   Waste  has  indicated  that  the  appropriate  test

method  for  EDB in  groundwater is  the  "GC/MS  method  for volatile  organics"

which is  test  method number  8240 in  reference  17.  While this reference does

not list a detection level for EDB, it does list detection levels for 21 other

volatile  organics.   These  range  from 1.6 parts per billion  to 7.2  parts per

billion.  Furthermore,  the text states that the table  "lists detection limits

that  can   be  obtained   in  waste  waters  in  the  absence  of   interferences.

Detection limits  for a  typical waste sample would be  significantly higher."


                                      -51-

-------
Therefore,  the RCRA  tolerance level  for EDB  could  be from  one to  possibly




three  orders  of magnitude higher  than the 0.1 parts per billion  indicated  as




"responsible"  in  the EPA  testimony quoted above.






     In  summary,  CERCLA  is  required  to  address  releases  of  any  "hazardous




.substance" which  is  defined as any substance  designated under CERCLA  and  four




other  acts  administered by EPA.   EPA has chosen to have RCRA regulate a  much




narrower  universe of substances and  many of those are not  regulated  with the




same stringency as  in  other  EPA  programs.  Therefore, compliance with a  RCRA




permit will not  necessarily  be sufficient  to prevent  a site from  becoming a




CERCLA site.
                                      -52-

-------
                         MONITORING IN THE VADOSE  ZONE                          •


     EPA   regulations  for  permitted   facilities  require  that  groundwater

 detection  monitoring wells be  placed  in the uppermost  aquifer at the edge of

 the  waste  disposal area  (40  CFR 264.98(b)).   Any contaminant detected by the

 well may have first traveled anywhere from  a few feet  to several hundred feet

 under  the  waste  disposal  area before  it  reaches the aquifer.    Then the

 contamination may have traveled anywhere from a  few feet  to several thousand

 feet  in the  aquifer  before  it  reached the  well.   Furthermore, if the leading

 point  of  the plume of contamination is  between two monitoring wells, it could

 travel some distance past the wells before it is detected.  Therefore, even if

 a detection  monitoring system works  exactly as  planned,  there could still be

 considerable environmental damage  before the contamination may be detected in

 a monitoring well.


     The  vadose  zone is  the  ground  above   the  uppermost  aquifer.   In  humid

 areas  of  the United  States  it  is  rarely  over  one hundred  feet  deep and is

 usually much less.    In  arid  western areas,  however,  the vadose  zone can be

 several hundred  feet deep.    Water  and  associated contaminants  from a  land

 disposal  facility will travel  through  the vadose zone to an  aquifer  at  a rate
                                                   *
 determined  by  the  soil  -characteristics,  the depth  of the  vadose  zone, the

" amount of   fluids  in the waste,  and  the   amount  of  water.   This  can  take

 anywhere  from a  few  months  to many decades.  P»F.  Pratt, Chairman of  the Soil

 and Environmental  Sciences  Department  at  the  University  of  California at

 Riverside  points out  (44):

           In irrigated  agriculture we  have estimates  of water movement
           and time  required  for water to move  through the vadose zone.
           For  sandy  soils  having  low  water  retention  properties   and
           fairly  large  drainage  volumes  the  time  required  to  move
           through  100 feet  of  the  unsaturated zone is  10 to 20  years.
           For clayey  soils  of higher  water  retention and lower drainage


                                      -53-

-------
          volumes  the  time  is  40  to  60  years  for  100  ft  of  the
          unsaturated  zone.    The  transit  time  is proportional  to the
          water retention properties  of  the soil material in the vadose
          zone and  inversely  proportional  to  the  amount  of water that
          leaves the surface  zone  (root  zone in cropland or  the  storage
          facility in  case  of  a waste disposal facility).   In  irrigated
          agriculture the drainage volume usually  ranges  from about 6  to
          20  surface  inches  per  year.    If  the  leakage  from a waste
          disposal  facility is  of the  same  order of magnitude as   in
          irrigated  agriculture the  transit Limes will  be  of  the same
          order  of  magnitude.   If the  leakage is  smaller the  transit
          time will be longer.


     The  significance  of   this  fact  is that  by  the time  contamination  is

discovered in a groundwater monitoring well, the vadose zone could have stored

significant amounts  of  contamination.  Such toxic  materials  could continue  to

pollute the  groundwater for  many  decades even  if disposal is  halted and the

groundwater  is  initially cleaned  up.   Furthermore,   the  trend  in regulatory

actions is to require  land  disposal facilities  to  be  located in areas  wich low

porosity  clay soils  preferably at great depth to  groundwater.  Such  locations

postpone  the  time  it  will  take  the  contamination to reach groundwater, but

also increase the amount of contamination stored  in the vadose  zone.


     Not  all  contamination which  reaches  the  aquifer is carried away by the

groundwater.  Some  contaminants may be  adsorbed on solid  surfaces or  otherwise
                         •
contained  in the  aquifer  and only  gradually released  or desorbed   in  small

amounts to  pollute the groundwater.   Professor John  Cherry cites  one example

for such  materials  as  paint thinners, pesticides and  PCB's (45):


          These  dense  halogenated immiscible hydrocarbons currently pose
          many  intractable  problems pertaining to subsurface contaminant
          evaluation and prediction.   They are  so  dense  that  in  some
          situations,  irrespective of the directions  of  groundwater flow
          or water  table   configuration,   they   can  move  downward  or
          laterally along paths of least resistance  offered by granular
          beds  or  fractures.   While this  movement occurs  and after  it
          occurs,    the   immiscible   liquid   yields   toxic   dissolved
          contaminants to  the  groundwater.   The  dissolved contaminants
          are then  transported  by the groundwater in directions and  at


                                      -54-

-------
          rates that may have  no  relation to the flow of the immiscible
          liquid.

          At  some waste  disposal  sites,  it  is  suspected  that  dense
          halogenated hydrocarbon  liquids have  moved  downward  and have
          settled  as  pools  on top  of  impermeable  beds  in  dead-end
          fractures.    The  pools  would  then  act as a  long-term  source
          providing  dissolved  hydrocarbons  to  the  flowing  groundwater.
          Scenarios  can   be  envisioned  whereby   isolated  zones  of
          immiscible liquids exist at considerable depth below the waste
          disposal site and locally contribute hazardous concentrations
          of dissolved contaminants  to  the groundwater.  Because  of  low
          solubility   these  contaminant  sources   could   persist   for
          hundreds of  thousands of  years.   They would  be difficult or
          impossible to  detect using normal monitoring networks.  They
          could produce unpreditable small-scale contaminant plumes.  In
          some  circumstances,   numerous  little   pools   or  zones  of
          immiscible  liquids  from  numerous   leaky  drums  in a landfill
          "could   result  in  a  rather   chaotic  pattern  of  input  of
          halogenated hydrocarbons to the  groundwater flow system.


     Thus,  by  the time  contamination  is detected  in groundwater (if it  is

detected),  there  may have  been significant   contamination of  the  vadose  zone

and  the  aquifer  which  can  continue  to slowly  re-enter  the groundwater  even

after it  is initially cleaned  up.


     It is  seen from the  previous  discussion how useful it  would be  to detect

leachate  contamination in  the vadose zone beneath  a hazardous waste disposal

site before it reaches groundwater.  Groundwater cleanup costs and alternative

water  supply  costs  might  be   avoided  and  human  health and  the  environment

better protected.  EPA does require vadose  zone monitoring  for land  treatment

of hazardous wastes* in the  standards for  EPA permitted  facilities of July 26,

1982.  The  preamble  to the  regulations  states that  "EPA believes  that adequate

technology  and  expertise  is   available   to develop  effective  and reliable

systems." (47 FR  32329)  Yet in the  same  regulations vadose  zone  monitoring is
*This method  is  used for  less  than one percent of wastes  land  disposed;  also
known as land spreading  or land  farming of  wastes.


                                     -55-

-------
not  required for  landfills, surface  impoundments and  waste piles  where  the

need and  the  benefits  would appear to be far greater.


     The  technology for which  there is the  most  experience in waste disposal

monitoring  in the  vadose  zone  is the  suction  lysimeter,  a porous ceramic cup

^placed  in the  vadose  zone  to  collect a  sample  of the fluids  there.   In-the

interim status standards  for existing land  disposal  facilities,  EPA rejected

the  use  of  lysimeters with  this  explanation in the  preamble  of  May 19, 1980

(45  FR  33191):


          ,Available leachate monitoring  technology  generally involves
          the  placement   of  probes  (lysimeters)  beneath  the  disposal
          facility.   Since each   probe  is  not  generally  capable of
          monitoring a large area,  many  of  them would have to be placed
          under a  facility in order  to  detect a  localized flaw in the
          landfill design.  It may not be possible to place such  devices
          below  an existing landfill or  surface  impoundment   without
          completely  removing  the  waste  and  redesigning  the facility.
          Moreover, once  such  a  system is  in  place,  the  probes  tend to
          fail over  time  due  to  deterioration  or  plugging.    It is
          difficult to  determine  when  such  a  failure occurs  and, if
           discovered,  the  damage  is generally irreparable.  Under these
           circumstances EPA does not  believe  that  leachate monitoring
          should   be  a  general  requirement  for  landfills  and   surface
           impoundments during interim  status.


 Other  commentors  have pointed  out  that  lysimeters  do not  work  well  in sub-

 freezing  or  conditions   of  low soil  moisture   (50-)  or  very  hot and  dry
                                                    •

 conditions  (49).


      Upon close examination, many of these points do not  stand up.  The first

 point,  that the "probe is  not generally  capable  of monitoring  a large area" is

 contradicted  by   field  experience.    At  a  recent conference  on vadose zone

 monitoring  a paper was   presented  which  indicated  that   a suction lysimeter

 located  10 feet below an  impoundment  could  measure a  distance  of  10  to  30 feet

 laterally  (61).    Secondly,  placing  suction  lysimeters   under   existing land
                                      -56-

-------
disposal sites can  and  has  been done by the simple  technique  of  drilling  at  a


slant.  Thirdly,  the plugging  problem  can be  largely overcome by  packing  the

sampler with silica  flour (68), a standard technique which  even appears  in EPA

manuals  (69).    Fourthly,  the  statement  that  the   "damage   is  generally

irreparable" is unclear since what has  been  placed ought to be replaceable.



     As for  the  other  comments,  it  is  largely  irrelevant that  lysimeters do

not work well in conditions of freezing or low soil moisture since  these  are

not conditions in which there would  generally  be  leachate.   And as  for hot  and

dry  conditions,  as  pointed out  later, vadose  zone monitoring  is  currently

being  conducted  in  Beatty,  Nevada.   In any event,  it  is  not necessary  that


lysimeters work  perfectly (no  technology  does)  or that  they  be  convenient to

use.    The  important  point is whether  they  are cost-effective  in  reducing

groundwater  cleanup costs.



     Lysimeters  have been  used for  many  years  for monitoring  land  disposal

sites.   At  least one state,  Texas,  uses  them  for regulatory monitoring (51).

Wisconsin  has been requiring   vadose  zone monitoring  since the  mid  70*s  and

there  are currently 19  hazardous waste  sites in that state with either suction

lysimeters or collection *Lysimeters  (64).   California has proposed  regulations
                                                  ',
which  would  require vadose  zone monitoring in  new installations.



     The  United  States  Geological  Survey  has  installed  suction lysimeters

(albeit,  not  without .difficulty)  at  two  existing  low  level   nuclear  waste


landfills.   This  research projected  was started by USGS in.1981  (67).



     A two  year  study of three sanitary landfills by  Thomas M. Johnson of the

Illinois  State  Geological Survey  (52) placed  lysimeters  under the existing

landfills; he found that all three  had contamination  in the vadose zone which
                                      -57-

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had  not  been  detected  by groundwater  monitoring  wells.    In  one  site  the

lysiraeters showed  that  a clay liner had been ruptured and  in  another site  the

lysimeter monitoring  showed that contamination  detected  by a  monitoring well

was coming from  a  different site.  The Illinois researchers did not experience

the difficulties reported  by EPA.


     There is  also field  experience with  geophysical  vadose  zone monitoring

techniques.  A commercial hazardous waste  disposal facility in  Oregon uses  a

vadose  zone  monitoring  system which   "integrates  lysimeters,  dual  purpose

tensiometers/lysimeter   units,  and  geophysical  arrays   to provide  an  early

warning  leak  detection  and sampling system."  (61)   A firm  in Las Vegas  has

installed  three  resistivity grids  since  1980 at hazardous waste  lagoons,  and

they are all reported  to be working well (65).


     Keros Cartwright  of the Illinois State  Geological Survey points  out that

(48):


           Numerous techniques  have  been  developed  for  monitoring  the
           movement and  quality  of water  in  the  unsaturated 'zone,
           including  tensiometers,   soil  moisture   blocks,  and  neutron
           logging   techniques   to   monitor   soil   water  content   and
           pressure.    Water quality   is   generally  monitored by  soil
           sampling using »porous  ceramic cups  similar  to  those  used  in
           tensiometers.     Whereas  soil  sampling   requires  repeated
           drilling for extended  analyses,  soil  water  sampling  using
           suction  or pressure  vacuum lysimeters allows  repeated sample
           collection.

           The  usefulness   of  soil   water  samplers  for   monitoring  soil
           water  quality in the  vicinity of  waste disposal sites has been
           demonstrated  by several  workers  in  Pennsylvania  (Apgar  and
           Largmuil, 1975;  Parizek et al.,  1975;  Parizek  and  Lane, 1970;
           and  Johnson  and  Cartwright,  1980).  More recent applications,
           incorporating  additional  refinements,  include  the  use  of
           pressure vacuum lysimeters  to monitor soil water  quality at
           depths to 33 meters (108 ft)  beneath artificial recharge sites
           in  Texas  (Wood,  1970)  and,  in  a study  contemporaneous  with
           this  one,   three  landfills   in  Wisconsin  were  instrumented
           (Gerhardt,   1977)  to  generate  data  on the  attenuation  of
           leachate in the unsaturated zone.
                                      -58-

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      As  Cartwright points out, there is a fair amount of literature evaluating


 the  many techniques  available for monitoring in  the  vadose zone for both new


 and  existing land disposal facilities.   In  particular,  in 1980 L.G. Wilson of


 the  University of Arizona Water Resources Research Center reviewed a number of
*•

 techniques   for  vadose  zone   monitoring  below  waste  disposal  sites  for EPA


 .(42).   See table  7.   Many   of  these  are  commercially  available and  are in


 common  use.   Another  survey of  state-of-the-art  techniques  and  techniques


 under research or  development which are  capable of  localizing a liner  leaks


 was   made  for  the  EPA  Cincinnati  laboratory  (46).    Table  8  lists the


 technologies evaluated in this study.



      Vadose zone monitoring  techniques are not generally  easy  to use nor are


 they  inexpensive.  No  one  technique  is  universally  applicable and  to  get  a


 reasonable  assurance of detecting  leachate,  several  of them  may  have  to be


 used at any given  site.   However, as discussed previously, the techniques for


 groundwater monitoring  are  also  difficult, fallible  and expensive.   The cost


 of cleaning groundwater  which is often in the tens of millions of dollars, is


 proportional to the  amount of  contamination.  Thus, even if the technology for


 vadose  zone  monitoring is more  difficult and  less  reliable  than groundwater


 monitoring there are  substantial  benefits from  early  detection  of pollution in


 the vadose zone.



      EPA,  in  rejecting  the  use of  vadose  zone  monitoring  in  1982  (47),


 referred to the work of Wilson but only discussed one of the 26  techniques he


 evaluated, the suction  lysimeter. This  technique was rejected  largely  because


 of cost, although  no analysis was  made  of  the trade-off of avoiding the cost


 of cleaning the contaminated  groundwater.   There  was  apparently no review made


 of the many applications of vadose zone monitoring.



                                      -59-

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                                    Table 7

     TECHNIQUES REVIEWED BY WILSON  (42)  FOR MONITORING IN THE VADOSE ZONE

Techniques for observing storage  changes in the  vadose zone  at  a  waste
disposal site;

    o  Monitoring the  spatial  distribution of  water  levels  in wells  to
       delineate the areal thickness  of  the vadose zone.
«.

    o  The gamma ray attenuation  method  to characterize  bulk density and water
       content of vadose zone  sediments

    o  The neutron moderation  method  for defining  the water  content
       distribution in the vadose zone

    o  Tensiometers for estimating  water content at  discrete points  in  the
       vadose zone

    o  Electrical resistance blocks for  estimating water content  at  discrete
       points

Methods  for  monitoring water movement (flux)  and associated  parameters  in  the
vadose zone;

    o  Estimating infiltration rates  by  infilotrometers  and  test  ponds

    o  Characterizing  the  quantity  of water moving beneath  the  soil  zone using
       the water balance approach

    o  Determining  the direction  of unsaturated  water  movement  and associated
       hydraulic gradients using  tensiometers, psychrometers,  and che  neutron
       moderation method

    o  Measuring the  unsaturated  flux of water by adapting  laboratory
       techniques to  the field, using water  content  profiles,  estimating  from
       suction  cup  response, and  using direct techniques such  as  flow  meters
                                                   r
    o  Determining  saturated  flow in  perched  groundwater zones  using
       piezometers  and observation wells

    o  Outlining techniques  for determining  the saturated hydraulic
       conductivity in the soil zone  and deeper vadose zone

 Indirect methods for  monitoring movement in  the vadose zone;

    o  The  four-electrode  method  for  soil salinity

    o  The  EC probe for monitoring soil salinity

    o  The  four-electrode  conductivity cell  for observing soil  salinity

    o  The  earth resistivity  approach for delineating pollution plumes
                                      -60-

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                             Table  7  (continued)

Techniques for solids sampling in the vadose zone for determination of
associated pollutants are reviewed.

Direct techniques for water sampling during unsaturated flow;

    o  Ceramic-type samplers (suction lysimeters and filter candles)

    o  Cellulose-acetate hollow-fiber filters

    o  Membrance filter samplers

Methods for sampling from shallow perched groundwater zones;

    o  Sampling tile drain outflow

    o  Collection pans and manifolds

    o  Wells

    o  Piezometers

    o  Multilevel samplers

    o  Groundwater profile samplers

Sampling from deeper perched groundwater;

    o  Collecting cascading water

    o  Installing special wells
                                     -61-

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                                    Table  8

               SUMMARY OF CANDIDATE METHODOLOGIES FOR DETECTING
                    AND  LOCALIZING  LEAKS  IN  LANDFILL LINERS
                          FROM WALLER AND DAVIS (46)
     Technique
Electric

Resistivity


SP

Electromagnetic

Low Frequency Electromagnetic


High Frequency Electromagnetic


Acoustic
Seismic


Acoustic Emission

For planned sites

TDR Grid


DC Grid
What is Measured in the Ground?
Resistance over a length vs. horizontal &
vertical position

Voltage generated by electrochemical actions
Conductivity vs. horizontal and vertical
position

Dielectric properties vs. horizontal and
vertical position
Elastic properties vs. horizontal and
vertical properties

Sounds emitted  from fluid flow in soils
Dielectric properties vs. position on
transmission  line

Change of resistance of a wire due to
corrosion caused by leak
                                      -62-

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                      DELAYS IN STARTING CORRECTIVE ACTION






      Under  the  Part  264  EPA standards  for  EPA permitted  facilities  in  a




 detection   monitoring  mode  (40  CFR  Part  264,  Subpart  F),  if  hazardous




 constituents  are detected  by the groundwater  monitoring  system a "compliance




"monitoring" program must be  instituted.   This  program  consists of two parts.




 First,   the  EPA  permit  writer  will  establish  a  "groundwater  protection




 standard"   for   the  unit,  which  will  be  specified  in  the  permit   for  the




 facility.   Second,  a new groundwater  monitoring program will be instituted to




 determine  whether the  unit is  in  compliance with its  groundwater protection




 standard.    This new  program will  consist of  monitoring  at  the compliance




 point,   i.e.  the  edge  of  the  disposal  area,  to  detect  any  statistically




 significant increase  in the  concentration  levels  of  hazardous   constituents




 specified  in  the groundwater protection standards.






      The groundwater  protection standard includes  the  hazardous  constituents




 to be  monitored or  removed  if  necessary,  the  concentration  limits  for each




 hazardous   constituent   that  trigger   corrective  action,   the   "point   of




 compliance" for measuring concentration limits,  and the compliance period.






      The regulations  require  that  the concentration limits  be set  at:   the




 background level of  the constituent in the groundwater;  or for any of the 16




 hazardous   constituents  covered by  the National Interim Primary Drinking Water




 Regulations (see table  3), the maximum concentration limits for drinking water




 established in  these  regulations,  if the  background level-of the  constituents




 is below  this.  The facility  owner may ask  for a variance  to  establish an




 alternate   concentration limit if he can demonstrate that the constituent will




 not  pose  a substantial present or potential  hazard  to human health or the




 environment as  long as  the alternate concentration limit  is not exceeded.






                                      -63-

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     If  the groundwater  protection standard  is  exceeded, then  still  another

step,  the  "corrective action program"  is instituted.  The objective of of this

program  is  to  bring  the   facility  into  compliance  with  the  groundwater

protection standard  by  removing the  hazardous waste  constituents  from  the

groundwater  or  treating  them  in the  aquifer.   The  regulations  require that
t-                                                         f
corrective action  measures  be  taken  to  clean  up  the  plume  of  contamination

that  has  migrated beyond  the  compliance point but  not beyond  the property

boundary.


     Earlier  it  was  shown  that  even  in  a  well   designed  and  properly

functioning   groundwater  detection  monitoring  system,  a  long  time,  even

decades,  could elapse before  contamination  from a  leak from a hazardous waste

disposal  site reached a detection  monitoring well.   However,  because of the

structure of  the  EPA regulations,  a  long time  could also  elapse between the

time  the contamination reaches a monitoring well and  the time anything is done

about  it.   Table  9  shows  a  scenario  where  this elapsed  time  is  over two

years.   This  example  does  not  present  a  "worst  case"  scenario,. but simply

illustrates times  required  to work through the many steps  prescribed by the

regulations.


      Furthermore, it should be pointed  out once  again that the action  required

- to be taken is  that  the  plume of groundwater contamination be cleaned up from

 the edge  of  the disposal area  to  the property line.   There, is no requirement

 to  clean  up  the   contamination  beyond the   property  line;   there -  is  no

 requirement to  find  the source  of the  leak  and to repair it; and there is no

 requirement to cease disposal  operations.
                                      -64-

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                                    Table  9

             SCENARIO FOR INSTITUTING CORRECTIVE ACTION AT A RCRA
                    PERMITTED SITE IN DETECTION MONITORING
January  1,  1984


April  1,  1984



May  1,  1984
August   1,   1984
November 1, 1984
March   1,   1985
April  15,  1985


May  15,  1985




August   15,   1985



September   1,   1985
Contamination  reaches  groundwater  detection monitoring
well.

Sample  is drawn  from monitoring  well.   Well  must  be
sampled  semi-annually (40  C.F.R.  264.98(a)).   Assume
average time to detect contamination is three months.

Determination  is  made  that  there  is  a  statistically
significant    increase    over    background.       This
determination  must  be  made  "within a  reasonable  time
period"  (264.98(g)(2)).     Assume  one  month,  however,
discussion in next section will show this is optimistic.

Submit  request   to   EPA   for  permit  modification  to
establish  compliance  monitoring program.   This must be
done  within  90 days  (264.98(h)(4).   Include  notice of
intent  to seek a variance  for  alternate concentration
limits under part 264.98(b)   (264.98(h)(4)(iv)).

Submit data to justify variance under part 264.94(b) for
every   hazardous   constituent  identified   under  part
264.98(h)(2).  This must  be done  within 180 days of the
time  that  a  determination  is  made  that  there  is   a
statistically   significant   increase   over   background
(264.98(h)(5)(ii)(B)).

EPA   rejects   request  for   variance  and  issues   draft
revised permit  for  compliance monitoring. No  time  limit
specified  in  the regulations.    Assume  it  takes  four
months  for EPA to review the data  and  prepare a  draft
permit.  Notice is given  for  public  comment.
                             •»

End public comment period.   Regulations require 45 days
EPA  issues  revised permit.  No  time  limit specified in
regulations.   Assume  it  takes EPA one  month to review
public   comments   and    revise   permit    accordingly.
Compliance monitoring  begins.

Submit   request   to  EPA  for  permit  modification  to
establish corrective  action program.   This must be  done
within 90 days (264.99(i)(2) and  270.14(c)).

Submit   engineering  feasibility  plan  for   corrective
action  program.    This  must be done  within 180 days of
the  time  that  the request  for variance  is  rejected,
i.e., March  1, 1985.  (264.98(h)(5)(ii)).
                                     -65-

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December  1,  1985




January 15,  1986


February  15,  1986
EPA issues  draft revised permit  for corrective action.
No time  limit specified in  the regulations.   Assume it
takes four months for EPA to review  the data and prepare
a draft permit.  Notice is given for public comment.
End public comment  period.
Cl24.10(b)).
Regulations require 45 days
EPA  issues  revised  permit.   No  time specified  in the
regulations.'   Assume  it  takes  EPA one  month to review
public  comments  and  revise  the  permit.    Corrective
action begins.
Total  elapsed  time:   two years one and  one  half months not  including  delays
from statistical analysis.
                                      -66-

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                              STATISTICAL ANALYSIS






     In  the previous  discussion it  was assumed  that  when  contamination  had




been  found  in a well,  a  finding of  a  statistically  significant  increase over




background  levels  would  be  made  within  one  month.   In  fact  this  is  very




"unlikely.






     In  sampling  groundwater, there is  considerable variability due -to factors




other  than  the  introduction of  waste   related  contamination.    These  include




such  things  as  seasonal  fluctuations,  geochemical processes,  perturbations




introduced  by the  monitoring well, contamination  or other  changes introduced




by  the sampling  technique, natural  and  non-waste contamination, variability in




chemical analysis, and  a  great  many others.   It  is necessary to distinguish




changes  in  groundwater  due  to  contamination  from those  due  to  random  or




periodic effects.  The EPA  regulations  for  both Part  264  and Part 265 state




that  when  a  sample of  the  groundwater is taken  from a monitoring  well  and




analyzed for  the required contaminants,  that  the results  be compared with the




previously  determined  background levels  to see  if there  is  any "statistically




significant"   increase  in contamination   (40  CFR  264.97(h)   and  265.93(b)).




Statistical significance is determined  by one of several mathematical formulas




approved by EPA.






     There  are four possible outcomes from such a calculation:






     1. The  test could  indicate that groundwater  is  contaminated when in fact




       it is  not (false positive).




     2. The  test could  indicate that groundwater  is  contaminated when in fact




       it is  (true positive).
                                      -67-

-------
    3. The  cest could  indicate  that groundwater  is  not contaminated  when  in




       fact it  is  (false  negative).




    4. The  test could  indicate  that groundwater  is  not contaminated  when  in




       fact it  is  not  (true  negative).






     In  designing  a test  for  statistical significance  one  wishes,  of course,




to minimize  the false positives and  the  false  negatives.   This can be done  by




increasing  the  sample  size,  i.e. by increasing the number of monitoring wells,




the  frequency  of  sampling and the number  of  samples taken.   But  for a given




sample   size,  any   test  of   statistical  significance   which  reduces  the




probability   of false  negatives   also   increases  the  probability   of  false




positives  and vice versa.






     There are two ways to design a test for statistical significance.  One is




to  decide  in advance  the probability  of  detecting  groundwater contamination




one  wishes   to  achieve  (the  probability  of  detection being one  minus  the




probability  of a  false  negative).   In  this  case  the  probability  of a false




positive .will  be  a  function  of  the sample size  and  the  variability of the




data.    Another way  is  to  determine  in advance  the probability  of  a false




positive (called  the  level of  significance)  and  allow those same factors  to




determine the probability of detection.  In the former  case the probability of




.a false  positive will not be  known in advance  and  in the  latter case the




probability of detecting  contamination  will  not be known in  advance.  EPA has




chosen the latter approach.






      The cost  of  a false positive  could be  several thousand  dollars  e.g. the




cost of  additional sampling and testing  to establish  that  there is  actually no




 contamination.  The  cost of a false negative, groundwater  contamination which




 has  gone  undetected,  could be substantial:   in  the  worst case, millions  of






                                      -68-

-------
dollars in additional clean up costs and  increased  threats  to  human  health  and;

the environment.   And  if  the plume of  contamination had passed the  property

boundary or  if the  owner  cannot afford  the  necessary corrective action,  the

site would become a  candidate for CERCLA  action.  Minimizing the  occurrence of

false positives  reduces the short  range  costs  of disposal site  operators  but

this analysis  found no mention  in  any EPA document  of  why this approach  was

chosen over the other.


     EPA proposed  standards  for monitoring interim  status sites on  December

18, 1978 (43 FR 58982)  which  proposed  a  statistical test  with  a probability of

false  positives  (the  level  of  significance)  of five percent.   In the  final

regulations  for  interim  status sites  of May  19,  1980,  EPA decreased  the

probability  to  one percent.    But this  increased  the  probability  of  false

negatives.   In  the preamble  discussion of  this change  (45  FR  33195)  it is

implied that the change was made because of  industry  concerns  over  the cost of

a  false  positive.    There  is  no  mention of an  attempt to  balance this against

the cost of  false negatives borne by  industry and the public.


     In  the  regulations for  EPA permitted sites published July  26, 1982,  EPA

raised  the  probability *of  false  positives  to  five  percent  once  again,
                                                   *
                                                   t
explaining (47 FR 32303):


    EPA  is fixing  the level of  significance  for  the  Student's t-test  at
    0.05 for each parameter at each well.  When-the Agency proposed this
    significance  level  for  interim   status  groundwater monitoring,  it
    received   some   criticism  that   this   would   produce    too   many
    notifications of contamination  where none had actually occurred.

    EPA  recognizes  that this  could  be  a problem,  particularly  when  there
    are  many  comparisons  being  made  for  different  parameters  and for
    different   wells.     However,   EPA   is   concerned  that  a   lower
    significance  level would unduly  compromise the ability   to  detect
    contamination when  it  did, in fact,  occur.
                                      -69-

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EPA  did  not, however,  raise the  probability of  false  negatives from one  to




five percent at the approximately  2000  existing  interim  status  sites  which,  as




was  mentioned  before,  may  be  leaking.    No explanation  was  given for  not




including interim status  facilities  in  this  decision.






     Considerable effort  has been expended by OTA to  find  any  estimate  by-EPA




of  the  probability  of detecting groundwater  contamination  by  this statistical




procedure.     While  EPA   reports  and  background   documents   contain   many




discussions  and  calculations  of  false  positives,  no  estimate of  a  false




negative  can be found.   The only related material that  has  been found  is a




study for EPA by JRB  Associates (4)  which was supposed to "estimate  the  'false




positive'   and    'false   negative'   probabilities  for  various  statistical




procedures"   (11).    However,   they  estimated   the  probabilities   of   false




negatives for only  one  statistical procedure, and that one is  not the one that




EPA uses  for detection the  reason for  this  is  not given.  However,  since this




is  the  only estimate of  detection probability  found, a sample calculation is




presented in table  10.






     Table   10  shows  the  probability of detection,  i.e.,  the  probability of




concluding   that  there  i-»  a  statistically  significant difference,   when the




level  of contamination  of  TOX  in the detection  wells  is in  fact  double the




background   level.   It  can  be  seen  that  the probability of detection  in one




test is only nine  percent and  that  even after  five years  of  sampling twice a




year,  the probability  of detecting  the  contamination  is  only forty percent.




.The JRB  study  claims  that  this  statistical procedure gives  lower   detection




probabilities than EPA's  procedure.   Attempts  to ascertain from JRB and EPA




the  significance   of  these  results,   in   relation  to the  EPA statistical




procedures,  have not been successful.
                                      -70-

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                                   Table 10

                    PROBABILITY OF DETECTING TOTAL ORGANIC
                            HALOGEN CONTAMINATION
NUMBER OF
TESTS YEAR
1 1
2
3 2
4
5 3
6
7 4
8
9 5
10
PROBABILITY OF DETECTION
9.0%
14.6
20.0
24.6
28.6
32.0
34.2
35.8
37.8
40.0
Assumptions:
     background mean equals 20
     monitoring well mean equals 40
     averaged-replicate test is used at one percent level of significance
     other parameters are average of data from 52 sites studied


Source:  JRB Associates (4)
                                     -71-

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                             COMPLIANCE MONITORING


     The  purpose  of  compliance  monitoring  at  permitted  facilities   is  to

determine  the degree and  extent  of the groundwater  contamination or at least

that  part  of it which  is inside the  disposal  site property boundaries.  This

••is  especially important in designing  and  evaluating  corrective actions.  This

is  a   very   difficult  and  expensive  proposition  as  EPA  has   testified  in

Congressional hearings  held in 1980 (40):


    In a typical case.  .  .determining the extent and severity of  a plume
    emanating  from  one  single  source in  a  shallow  aquifer requires
    dozens^of monitoring  wells and hundreds of samples.  It also  takes  a
    great  deal  of  time  and  several  hundred  thousand  dollars.   If the
    geology  is  more complex  or  several  potential contamination source
    exist,  the  cost  will be  on  the order  of  $0.5 million.   In a case
    where   the   aquifer   is  deep  or  surface  features  cannot  help  in
    determining the hydrogeology,  costs  could  soar  to  two  or three
    million dollars.


      Here  again, as with  the  placement  of the wells for detection monitoring,

 the science  of hydrogeology  enters  but  with  the additional  requirement  to

 model and  predict  underground contaminant flow.  However,  groundwater modeling

 with  an emphasis  on the  flow of contaminants  and not  merely  water  is not a

 routinely available  technique like well  drilling  or  chemical analysis.  Such

 modeling  is  state-of-the-art scientific  research  generally carried  out  in

 universities  and   a  few  companies.    Even  in  those  cases  where  modeling

 groundwater  flow  is possible, predicting contaminant  flow  may  still  be very

 difficult (see  section  on vadose zone) if  possible at  all  (45).   Groundwater

 consultant David  Miller   pointed  this out  at Congressional  hearings   in 1982

 (41):
     Unlike   detection  monitoring,   compliance   monitoring   with   its
     dependence  on  predictions  of  contaminant  migration  through  the
     subsurface  may   be   beyond  the   current  state-of-the-art   of  the
     groundwater science.   It is not presently  possible  to  determine  how
                                      -72-

-------
    thousands   of  Individual  chemicals  will react  in  the  groundwater      ::
    environment or   to  confidently  predict  the  aggregate  effects  of
    numerous processes  such  as attenuation,  dispersion, and diffusion.
    A vast amount of field data would  be required to develop a reliable
    basis for  such predictions.

    It is frequently suggested that  modeling could serve as an adequate
    predictive  tool  -for  this   purpose.      However,   even   detailed
    investigations which might cost on the order of $250,000 to $500,000
    per site may  not  provide enough data  to develop  a model to be used
. .   in this capacity.   Furthermore,  a  relatively successful model based
    on adequate  data can  only be expected  to yield  results  within an
    order of magnitude  of  the  actual situation.  This level of accuracy
    may not be acceptable when  public  health  is at  risk  and critical
    concentrations are measured in parts per billion.

    The  process  of  obtaining  the  data   for  predicting  groundwater
  .  conditions,   interpreting   the  information   and   making   accurate
    decisions   to   implement   compliance  monitoring  is  a  scientific
    endeavor.   It can only be  carried  out in a confident manner by well
    trained  groundwater  technicians.     There   is  presently   a  severe
    shortage of trained groundwater scientists  in  the public and private
    sector, and it is doubtful that there is sufficient  talent  available
    to work on more than a relatively  small percentage of the existing
    sites that would fall under the compliance  monitoring aspects of the
    new hazardous waste regulations.


     Similar   views  were  put   forward  by  Professor  John   Cherry  at  the

aforementioned National Science Foundation Workshop (26):
    The ability of  hydrogeologists  to determine the present position  of
    zones of  migrating  contaminants and to develop reliable predictions
    of  future  contaminant  migration  and  of  the  effects  of proposed
    remedial  measures is 'critical to the  task  of  evaluating the  degree
    of   risk   and   the   cost/benefit   ratios  of   remedial   action.
    Unfortunately,  the  processes  of  contaminant  migration  are   poorly
    understood in all except the most simple  hydrogeological conditions.
    The  study of contaminant  migration processes in  groundwater is  in
    its   infancy.     Because   knowledge   of    the  processes   affecting
    contamination  migration in groundwater  is. slight,  the  predictive
    capabilities of current mathematical  models for all  except  unusually
    uniform  grandular deposits or clayey, diffusion-controlled deposits
    are inadequate  or unknown.


     EPA  shares  this opinion  of  the shortcomings of  the science of  modeling

and  predicting contaminant  flow when  it comes  to  using  such  techniques  to

evaluate  the geological suitability of a site  location.  The  preamble to  the

regulations  state (47 FR 32283):


                                     -73-

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    EPA wants  to make  sure that  the  issuance  of  a RCRA  permit for a
    facility means  that a  certain  level of protection  is  provided and
    that  the  public  can  be  assured  that  the  prescribed   level  of
    protection will  be  achieved.   The way  to  meet this objective is to
    avoid  regulatory   schemes  that   principally  rely  on  complicated
    predictions  about  the  long  term  fate,  transport,  and  effect  of
    hazardous  constituents  in  the environment.    Such  predictions are
    often  subject  to.  scientific  uncertainties  about  the  behavior  of
    particular constituents in the hydrogeologic environment  and  about
 '   the effects of those constituents  on receptor populations.


     However,  the   RCRA.  permit   writers   manual  in  its  instructions   for

evaluating  the  design  of  a  corrective   action  program  takes  a  somewhat

different--"view of  the   capability  of  hydrogeology  in predicting  contaminant

flow (43):


    On  the  basis  of  the  proposed  design,  the  applicant  should also
    provide an analysis  that  identifies  the  expected  hydraulic  impact of
    the recovery  system on  groundwater flow at  the site.   This analysis
    should  include  prediction  of  flow  rates  to  wells  and  drains.
    Predictions of groundwater  flow patterns throughout  the  contaminated
    areas, including  the  drawdowns and hydraulic gradients,  that will be
    established by the  recovery system should  be provided.   On  the  basis
    of  predicted  withdrawal rates, estimates should  be provided  for the
    time  required to  exchange an amount  of  groundwater  equivalent to
    that originally  contaminated.

    The  applicant  will  need  to  use  either   analytical  solutions  or
    numerical  (computer)  models   to   provide  these  predictions  of the
    response  of   groundwaier  on site  to the  proposed recovery  system.
    Where  aquifer conditions  are simple  or  can be easily simplified, the
    use of analytical solutions will generally  be  most appropriate.  If
    the  groundwater flow system is  complex or  irregular  boundaries are
    involved,  the use of numerical models may  be more appropriate.


     To  summarize,   the requirement  that compliance  monitoring  predict  plume

movement  is a regulatory requirement  that  depends on a technology which does

not  really exist.   As  has  been seen  before, EPA puts more  reliance on  state-

of-the-art technology to clean up  pollution than it does to prevent pollution.
                                      -74-

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                               CORRECTIVE ACTION  .






     The  RCRA corrective action regulations  for  permitted  facilities  call for




contaminated  groundwater  to  be  cleaned  up  to  background  levels.    Since




background  contaminant  levels  can be,  and  frequently  are,  at  extremely low




•levels,  the  regulations require  a technology  which is  capable  of  removing




contaminants  to  below  the  level  of  detection.    Even  more  so than  with




compliance   monitoring,   the  corrective   action  requirements   of  RCRA  are




requirements  for  a  technology which does  not really exist.  This   fact  is




acknowledged   by  EPA  in   the  preamble  to  the  regulations  requiring  the




technology  which states that  "the technology  of performing  corrective action




is  new.   The Agency's  and the regulated  community's experience in conducting




remediation activities (beyond the feasibility study stage)  is fairly limited




to  date"  (47 FR 32313).   The standards are  based  on the  hope that, technology




will become available in the  future as  stated  in the preamble which says that




"The national experience with groundwater  cleanup  ... is relatively limited




at   this  time.  EPA  expects   that  over  time,   the  state  of  knowledge   about




groundwater cleanup measures  will improve" (47 FR 32286).






      The  most   comprehensive   study   of   attempts   to   clean  up   sites  where




groundwater had been polluted was  made  by EPA in 1980  (25).  This was a  study




of   169  hazardous  waste sites  requiring  remedial  action.    Groundwater was



polluted  at  110  sites.   In  most  of  these  cases  the  groundwater supply was




abandoned and  replaced  by a  pipeline to  another source.  In very few cases,




because   of  the  high  costs,  was  there  any  attempt  made  to  clean up the




groundwater,  and none were cleaned to background levels.
                                      -75-

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     Although   there  is  little  or   no   experience  in  restoring  polluted

 groundwater  to  zero  detection  levels,  there is  experience in  attempting  to

 restore  groundwater  to  some degree.  It  is difficult, very expensive and the

 results  have  been  mixed.   Typically,  treatment  of  a  plume  is  considered

 adequate  when levels  of  volatile organics are at  or below 100 ug/1 (18).  It

 is  possible  to have  cleanup costs, for a  single  site of over a million dollars

 a  year for 20  or 30 years.  Groundwater  consultant Kenneth Schmidt summed up

 his  experiences in a recent paper (19).


     Substantial  efforts   are   now   being   made   to  reclaim   polluted
     groundwater.    In  the southwestern  U.S.,   where  highly   prolific
     alluvial   aquifers   are  common,   a   number   of  problems  can  be
     encountered when attempting to reclaim polluted  groundwater.  First,
     many  of  the zones of polluted water are large—often in  the  range of
     thousands or  tens of thousands of acre-feet.   This  results in the
     need   to  pump  substantial  amounts  of water,   which  must  then  be
     treated   and/or  disposed.     Decades  will   be  required  to remove
     polluted  water  in many situations.   Second,  pumpage  of groundwater
     for reclamation  often  has  legal constraints.   Third,  land ownership
     often  present   a   formidable   problem,  because   polluted   zones
     frequently  extend  beyond   property  controlled  by  the responsible
     entity.      Fourth,   relatively   deep  water   levels   usually   allow
     substantial  amounts  of pollutants to  be in  the vadose zone,  where
     pumping  is not  effective.   Fifth,  pumping  schemes  are  inherently
     inefficient in heterogenous, non-isotropic alluvial aquifers, due to
     inflow of  unpolluted  water during  pumping.    Because  of  the many
     limitations  of   reclamation,  groundwater quality  management should
     focus on aquifer protection.,

                                                    •
      The  regulations allow  for two  basic approaches  for  corrective  action.

" The first is  to pump out the  contaminated groundwater.  This  is not  always so

 simple as pointed out by the American Petroleum Institute  (28):


     ....  in  very arid  portions   of  the country,  groundwaters  are
     generally  located well  below the  ground surface.  Therefore, it  may
     be extremely  difficult,  if not  impossible,  to pump such underground
     waters.  In complex  geologic environments, contaminants may  perch on
     clay layers.   In such circumstances, even if  pumping  of surrounding
     waters were possible,  such pumping  would  not  succeed in  bringing
     contaminants  to  the surface.   In addition,  in  these  circumstances,
     the depth  of the contaminant layer  may prohibit trenching  to  reach
     the  contaminants.  .   .  .Shallow  aquifers  may  not  have  sufficient


                                       -76-

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    waters  to  permit effective pumping.  In addition, certain tight clay
    formations may prohibit effecting pumping from shallow aquifers.  In
    these  circumstances,  if excavation is not possible, it is impossible
    to  remove  all  contaminants.
      The  EPA  RCRA  permit  writers  guide  recognizes, these  difficulties  and

 points  out  the technological  approaches  for handling  them  (18).   Where there

 is  insufficient groundwater for .efficient  pumping,  then fresh water  must.be

 injected  into the aquifer  by  injection wells so  as  to flush out  the plume of

 contamination.   But  the plume  itself is the lesser problem.


     ....  in  most cases compliance with the  groundwater protection
     standard  will not be achieved after the removal of only an amount of
     groundwater equivalent to  that originally contaminated.  Rather, the
     removal  of  additional  amounts  of water,  frequently many  times in
     excess  of  that  originally contaminated, will  be  required to  reduce
     contaminant concentrations  to acceptable  levels.  ...  Many  of the
     hazardous  constituents   present   in   any   plume  of  contamination
     migrating from a hazardous  waste  management facility will likely be
     subject  to some  amount of  adsorption  to the  geologic  materials on
     site.  ...   as   contaminated   groundwater   is   removed  from  the
     subsurface   and    replaced  by    water    of   lower   contaminant
     concentrations,  contaminants' will desorb  from subsurface solids and
     establish  new  equilibrium   concentrations  of  contaminants   in  the
     groundwater.    Thus,  the  process  of  restoring  groundwater   quality
     will   become  a  process,   in  most  cases,   of  not  only  removing
     contaminants originally present  in groundwater but also of removing
     contaminants adsorbed -to subsurface solids.


      This describes a ve5y  expensive  process  of pumping huge amounts of water

 for  many decades  with  no  guarantee that  it  will  ever  achieve the  EPA

• standard.   The  issue  of  whether  EPA will  insist  on  the  full  measure of

 compliance with  its  standards when faced with  such costs,  becomes  important.

 In addressing  such  public  concerns,  an EPA official recently wrote  "It may be

 costly and take  decades,  but  it can be done  and under  the regulations the

 owner  is required  to  undertake  it."   (29)   However,  EPA's  instructions to

 their permit  writers are much less optimistic (32):
                                      -77-

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    ....  the permit writer should also consider the relative costs of
    these measures  when  determining  the  adequacy  of   flushing  rates
    predicted  for  proposed  recovery  systems.   Increasing  flushing by
    increasing  pumping rates  and  the  number  of  wells,  well  points,
    and/or drains will certainly increase the  costs  associate with the
    recovery system.   Similarly,  requiring  the use  of  injection wells
    and/or increasing  their  number and  rates of injection will increase
    cost.  In  some cases, particularly  as flushing rates become higher,
    the  cost  of  increasing  flushing  rates  by requiring  these  design
    changes   will   become   disproportionally  high   relative  to  the
    additional flushing achieved and the  advantages gained.

    Thus, the  permit   writer  will  need  to  balance a  number of factors
    when  reviewing   the   adequacy   of  flushing  rates  expected  from   a
    proposed recovery  system.


     The EPA permit writers guide also  points  out many problems which may be

encountered   in attempting corrective  action  and it does not have solutions to

all  of  them.   For example,  the  problem of  cleaning  up  immiscible   fluids,

mentioned earlier by Professor Cherry is  poorly understood.


    Experience  in the recovery  of separate  layers   of  immiscibles is
    currently  limited  and pertains  almost exclusively  to  the recovery of
    lenses   of  light  hydrocarbons,  most  notably petroleum   products,
    floating on the surface  of the  water  table  (53).  .  .  .Procedures for
    the  cleanup  of  dense,  immiscible  contaminants are even more poorly
    documented  and  more  experimental  in   nature  than  those  for the
    cleanup  of light,  immiscible, contaminants (54). . .  .At the  present
    time the state of  the art in monitoring  immiscible  fluid  content is
    imprecise.  .  .  .The Agency  is  planning  to develop  further guidance
    on this  topic as the  state of  the art is  advanced.  (55)
                          •

     Once the  contaminated water  is pumped  out of the  ground, something  must

be  done  with  it.  One solution is to  filter out  the contaminants  and return

the  cleaned  water to  the aquifer.   This has been tried  at  some CERCLA sites.

Table  11 shows some  examples of  the  kind  of  levels  of cleanup which can be

practically  (albeit  at great cost) achieved using  the  most  commonly  favored

techniques.  Although  impressive,  these  results are far  from  what  would  often

be background  levels,  or  even what are  generally accepted to be safe levels.
                                     -78-

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                                 Table 11

          REMOVAL OF SELECTED SPECIFIC ORGANICS  FROM GROUNDWATER
                     FROM ABSALON AND HOCKENBURY (16)
                         Process Effluent Concentration Range
Organic Compound
t-
phenol
toluene
benzene
ethyl Acetate
formaldehyde
aceton
methyl Ethyl Ketone
aniline
nitroaniline
methanol
isopropanol
isobutanol
methylene Chloride
trichloroethylene
1,1, 1-Trichloroethane
1,1, 2-Trichloroethane
tetrachlorethylene
nitrobenzene
Adsorption Stripping
<10
<100 <10
<50 <10
—
—
—
25,000
<10
50-100
15,000
10,000
40,000
<100 200
<10 5-10
<10 50
<10 ' 50
5-10 5-10
<10
Biological
10-50
10-50
10-100
10-20
50-100
10-20
10-20
10-50
10-50
10-50
10-50
10-50
<50
<10 ;
10-50
10-50
10-200
100-1000
Note:  All values in ug/1 or ppb.
                                   -79-

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     A second technology which the RCRA groundwater protection  standards allow-

for  corrective  action  is  "in situ"  treatment.   This  is  the  introduction of

chemical or  biological agents into the  aquifer  to react with  and  destroy  the

hazardous  constituents without  pumping  out  the  groundwater-.   If  anything,

there  is even less known about  these technologies than the  previous  ones^ as

the permit writers guide points  cut (56):


     ....  to date  in situ treatment has been applied in  only  limited
    circumstances,  and  little  experience  is  available  that  can  be
    related  directly  to  the  cleanup activities  required  in Part  264
    corrective  actions  programs.  ...  In  most  cases,  use  of  these
    techniques will assume  the character of  a  field  experiment.
                                      -80-

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                            FINANCIAL RESPONSIBILITY







     An  additional problem  with compliance  monitoring  and even  more  so with




 corrective  action at  permitted facilities  is  the question of  assurance that




 there  will  be  funds  available  for  the  huge  expenditures   these  programs




 involve.   A great many of  the  sites being cleaned up under CERCLA simply went




 bankrupt  when  the  costs  of  groundwater  cleanup  became greater  than  the




 company's assets.   EPA regulations are supposed to prevent this from happening




 at RCRA  regulated  sites  and to this  end  EPA regulations do require financial




 assurance  for  closure  costs   and   the   costs  of  post-closure  maintenance.




 However,  there are no  financial assurance requirements  for the very expensive




 requirements  of compliance monitoring and  the  even  more expensive corrective




 action.   Therefore, when companies  are faced with these huge  costs, some may




 chose  bankruptcy  and  the costs will  be  borne by CERCLA  as they  have  been in




 the past.






      Because  pollution will not  be detected  in  the vadose  zone and because




 corrective  action may  not . begin  promptly,  greater build-up  of groundwater




 contamination may  occur.   Since  the cost  of  groundwater clean-up is roughly




 proportional  to the quanu^ty of groundwater polluted (57), these delays built




 into the regulations increase the cost of clean-up and enhance  the probability




" that the site owners  will  not  be  able to  afford  the  clean-up  costs and that




 the sites will have to be cleaned up with CERCLA  funds.
                                      -81-

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                                  REFERENCES

1.   UtS. Environmental  Protection Agency, Hazardous Waste  Site Descriptions;
    National Priorities  List,  Final  Rule,  and  Proposed  Update,  (Washington,
    DC  Office of Solid Waste and Emergency Response, EPA, August 1983).

2.   U.S.   Congress,   Office   of   Technology  Assessment,   Technologies   and
    Management Strategies  for  Hazardous  Waste  Control.  (Washington,  DC:  U.S.
    Government Printing Office, March 1983).

3.   U.S. Environmental Protection Agency, "Summary Report on RCRA Activities -
    January 1984," (Washington, DC: Office of Solid Waste, EPA, January 1984).

4.   JRB  Associates,   "Evaluation   of  Statistical  Procedures  for  Groundwater
    Monitoring,"  (paper submitted  to U.S.  Environmental  Protection  Agency,
    under  contract no. 68-03-3113, Dec. 22, 1983).

5.   GeoTrans,  Inc.,  "RCRA Permit  Writers  Manual,  Ground-water Protection, 40
    CFR  Part  264 Subpart  F,"  (submitted  to  U.S. Environmental  Protection
    Agency under  contract no.  68-01-6464, October 4, 1983), p.  16.

6.   U.S. General  Accounting Office, Interim Report on Inspection, Enforcement,
    and  Permitting Activities  at  Hazardous Waste Facilities, GAO/RCED-83-241,
    September 21, 1983.

7.   National  Materials  Advisory  Board,   "Management of  Hazardous  Industrial
    Wastes:    Research  and Development  Needs,"  NMAB-398,  (Washington, - DC:
    National Academy Press, 1983).

8.   Pesticide & Toxic Chemical News,  12,  4,  (January 11,  1984), p. 15.

9.   Private  communication, EPA  computer  printout  from  the  "Hazardous Waste
    Data Management System" provided  by Jeffrey  Tumarkin, June  19,-1983.

10. Private  communication  with EPA's  Lee  Daneker, January 16,  1984.

11. U.S. Environmental  Protection Agency,  Ground-water  Monitoring Guidance for
    Owners and Operators  of   Interim Status  Facilities.  SW-963, (Washington,
    DC:  Office of Solid Waste and Emergency Response,  EPA,  March 1983).

12. U.S.  Environmental  Protection  Agency,  The  Prevalence  of   Subsurface
    Migration  of Hazardous  Chemical  Substances  at  Selected Industrial Waste
    Land Disposal Sites.  SW-634,  (Washington,  DC:   Office of Solid Waste, EPA,
    1977).

13. Reference  5,  page  192.

14. G.  Fred Lee  and R.  Anne Jones,  "Water Quality Monitoring  at Hazardous
    Waste  Disposal  Sites:    Is   Public  Health Protection  Possible   Through
    Monitoring  Programs?" (paper  presented at the Third  National Symposium on
    Aquifer  Restoration and Groundwater  Monitoring sponsored  by the  National
    Water  Well Association,  Columbus, Ohio,  May  1983).
                                     -82-

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15.  U.S.  Environmental protection  Agency,  Scientific and Technical Assessment
    Report on Cadmium, EPA-600/6-75-003,  (Washington,  DC:   Office of Research
    and Development, EPA, March 1975).

16.  J.R.  Absalon  and  M.R. Hockenbury,  "Treatment  Alternatives  Evaluation for
    Aquifer Restoration," (paper presented  at  the  Third National Symposium on
    Aquifer Restoration  and  Groundwater Monitoring  sponsored  by the National
    Water Well Association,  Columbus, Ohio, May 1983).

17.  U.S.   Environmental  Protection  Agency,  Test  Methods  for  Evaluating  Solid
    Waste, Physical/Chemical  Methods,  SW-846,  2nd  edition,  (Washington,  DC:
    Office of Solid Waste, EPA, 1982).

18.  Reference 5, p. 235.

19.  Kenneth  D.  Schmidt,  "Limitations   in  Implementing Aquifer  Reclamation
    Schemes,"  (paper  presented  at  the Third National Symposium  on  Aquifer
    Restoration and Groundwater Monitoring sponsored  by the  National  Water
    Well Association,  Columbus, Ohio, 1983).

20.  Private communication with EPA RCRA/CERCLA hotline  (Toney Baney), November
    29, 1983.

21.  U.S.  Environmental   Protection   Agency,  "Statement  of  Work,  Organics
    Analysis,   Contract  Laboratory   Program,"   (Washington,   DC:      EPA,
    September 1983).

22.  U.S.  Environmental  Protection  Agency,  "Statement  of  Work,  Inorganics
    Analysis, Contract Laboratory Program,"  (Washington, DC:  EPA, May 1982).

23.  U.S. Department of Health  and Human Services, Registry of Toxic Effects of
    Chemical  Substances,  (Washington, DC:   Public Health Service, Centers for
    Disease  Control,  National  Institute  for Occupational  Health -and Safety,
    February  1982).

24.  Private communication with EPA's Burnell Vincent, Oct. 21,  1983.

25.  N.  Neely,.  D.  Gillespie,  F.   Schauf,  and J.  Walsh, Remedial  Actions at
    Hazardous Waste Sites;   Survey and  Case Studies.' EPA 430/9-81-05, SW-910,
    (Washington,DClOiland  SpecialMaterials  Control   Division,  EPA,
    January 1981).
     "
26.  Reference 35, p.  144.

27.  Princeton  University Water  Resources  Program,  Groundwater Contamination
    from Hazardous  Wastes, (Englewood Cliffs, NJ:  Prentice-Hall,  1984).

28.  "Comments  on  Interim Final Hazardous Waste Regulations Promulgated by the
    United  States Environmental Protection Agency  Pursuant  to Sections 3004
    and  3005  of  the  Resource Conservation and  Recovery  Act, .Docket  3004,
    Permitting  Standards  for  Land  Disposal Facilities", (Washington, DC:  The
    American Petroleum Institute,  November  23, 1983).
                                     -83-

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29. Lee  M.   Thomas,  Assistant  Administrator,  U.S.  Environmental  Protection
    Agency,  letter to Senator Robert C. Byrd, December 30, 1983.

30. "Workshop  on  Groundwater  Resources  and  Contamination  in  the  United
    States,"  (Washington,   DC:    Division  of  Policy  Research  and  Analysis,
    Advanced  Technologies   and   Resources  Policy  Group,  National  Science
    Foundation, March 14 and 15, 1983).

31. U.S. Environmental  Protection  Agency, "Resource Conservation and Recovery
  .  Act,  Ground-water   Monitoring  Interim  Status  Regulations  - §§265.90-94,
    Evaluation of  the Requirements,  Phase II Report to OMB,  Implementation of
    the Requirements,"  (Washington, DC:   Office of Solid Waste, EPA, March 10,
    1983).

32. Reference 5, p. 237.

33. K.   Cartwright,   "Detecting   and  Monitoring  Contaminated  Groundwater,"
    (printed in reference 30, p. 208).

34. Reference 30,  p. 13.

35. J.A.  Cherry,  "Contaminant  Migration  in  Groundwater  with Emphasis  on
    Hazardous Waste Disposal," (printed in reference 30, p.  147).

36. J.A. Cherry, private communication, December 7,  1983.

37. Reference  5, p. 19.

38. Reference  5, p. 27.

39. U.S.  Environmental  Protection Agency,  "Permit Writers Training Course on
    Groundwat-er Monitoring,  RCRA 264,  Subpart F", (Washington, DC:  Office of
    Solid Waste, EPA, July  1983),  p. 3-7.

40. Statement  of  Swep  T.  Davis,  Associate  Assistant  Administrator for Water
    and Waste Management,  U.S.  Environmental Protection Agency,  before  the
    joint  hearing of the  Subcommittee on Health, and  the Environment and  the
    Subcommittee  on Transportation and Commerce,  August 22,  1980.
                                                   t
41. Testimony  by  David W.  Miller, Geraghty  & Miller, Inc., before the House
    Subcommittee   on Natural Resources,  Agriculture Research and  Environment
    Hearing, November 30,  1982.

42. L.G. Wilson,  Monitoring  in  the   Vadose  Zone;  . A  Review  of Technical
    Elements and  Methods." EPA-600/7-80-134,  (Las Vegas,  NV:    Environmerial
    Monitoring Systems  Laboratory, U.S.  Environmental Protection Agency,  June
     1980).

43. Reference  5,  p.  233.

44. P.F. Pratt,  University  of  California, Riverside,  letter to Dwight  Baier,
    October 20,  1983,  submitted to U.S. Environmental  Protection Agency  docket
    for regulations  of  July 26,  1983 (47 FR 32274),  docket No.  PLDF II  043.
                                      -84-

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 45.  Reference  35,  p.  142.                                                     ::

 46.  M.J. Waller, J.L.  Davis  "Assessment  of  Techniques  to  Detect Landfill Liner
     Failings," printed in Land Disposal of Hazardous  Waste,  EPA-600/9-82-002,
     (Cincinnatti,   OH:    Municipal  Environmental  Research  Laboratory,   U.S.
     Environmental  Protection Agency, March  1982),  p.  239.

 47.  U.S.  Environmental  Protection  Agency,  "Summary  and  Analysis of  Comments
     (40 CFR Part  264,  Subparts  F, K, L,  M and N)," (Washington, DC:   Office  of
     Solid  Waste,  EPA,  July  9,  1982), p.  72.

 48.  Reference  33,  p.  209.

 49.  Terry   L.  Thoem,  Conoco Inc.,  letter  to  U.S.  Environmental  Protection
     Agency docket for regulations  of  July  26,  1982 (47 FR  32274),  docket No.
     PLDF II 090.

 50.  Law Engineering  Testing Co.,  "Lysimeter Evaluation Study",  (Washington,
     DC:  American Petroleum Institute, 1983).

 51.  Reference  31,  p.  27.

 52.  Thomas M. Johnson  and  Keros  Cartwright,  Monitoring of  Leachate Migration
     in the  Unsaturated  Zone in the Vicinity of  Sanitary Landfills.  Circular
     514, (Urbana,  IL:   State Geological Survey Division,  Illinois Institute  of
     Natural Resources,  1980).

 53.  Reference  5,  p. 238.

 54.  Reference  5,  p. 244.

 55.  Reference  5,  p. 259.

 56.  Reference  5,  p. 250.

 57.  John Ehrenfeld and  Jeffrey Bass,  Handbook  for Evaluating Remedial  Action
     Technology   Plans,   ^EPA-600/2-83-076,    (Cincinnati,   OH:      Municipal
     Environmental Research  Laboratory,  U.S.  Environmental  Protection Agency,
     August 1983),  p.  33.

,58.  Testimony  of   Edwin L.  Johnson,   Director  of   the  Office  of  Pesticide
     Programs,   U.S.   Environmental  Protection  Agency,  before   the  Senate
     Committee on Agriculture, Nutrition and Forestry, January 23, 1984.

 59.  Reference 5,  p. 115.

 .60*  Inside EPA. 5, 7 (February 17,  1984),  p.  3.

 61.  Robert  D. Morrison,   Kenneth  A.  Lepic,   John  A.  Baker,  "Vadose  Zone
     Monitoring at a Hazardous Waste  Disposal Facility," (paper  presented  at
     the  conference on  Characterization  and  Monitoring  in  the Vadose  Zone
     sponsored  by  the  National  Water  Well  Association,  Las Vegas,  Nevada,
     December 8-10, 1983).
                                      -85-

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62. Private communication  with William Brown, Supervisor with the New  Jersey
    Bureau of Groundwater Discharge Permits, March 19, 1984.                   .:

63. Lee  M. Thomas,  Assistant  Administrator, U.S.   Environmental  Protection
    Agency, Memorandum  to  The  Administrator proposing additional  test  methods
    for reference 17, October 17, 1983.

64. Private  communication  with Peter  Kmet  of   the  Wisconsin Department  of
    Natural Resources,'March 20, 1984.                                              ^

65. Private  communication  with Dr.  Robert Kaufmann  of  Converse  Consultants,        ^ T
    Las Vegas, Nevada,  March 20, 1984.                                               ' _

66. Private   communication  with  Michael   Nechvatal,  Illinois  Environmental
    Protection Agency,  March 23, 1984.

67. Private communication  with Dr.  John B. Robertson, U.S.  Geological Survey,
    March  23, 1984.

68. Private  communication  from Dr. L.G.  Everett of  Kamen  Tempo,  March  23,
    1984.

69. L.G.  Everett,  L.G.  Wilson and E.W.  Hoylman, Vadose Zone  Monitoring  for
    Hazardous  Waste Sites,  performed  under  contract no. 68-03-3090  for  the
    U.S.  Environmental  Protection  Agency, (Santa Barbara,  California, Kamen
    Tempo), p. 5-63.
                                     -86-

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