v>EPA
United States
Environmental Protection
Agency
Office of
Solid Waste and
Emergency Response
DIRECTIVE NUMBER: 948i.o?(84)
TITLE: Requirement for Appendix VIII Analysis
APPROVAL DATE
EFFECTIVE DATE;
ORIGINATING OFFICE:
0 FINAL
6-18-84
6-18-84
Office of Solid Waste
D DRAFT
STATUS:
[ ] -"A- Pending OMB approval ,
[ ] B- Pending1 AA-OSWER approval
[ ] C- For^ review &/or comment
T 1 7,0-:. In development or circulating
REFERENCF(other documents): Headquarters
OSWER OSWER OSWER
/£ DIRECTIVE DIRECTIVE Di
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PARTS 264 AND 265 SUBPART F - GROUND-WATER PROTECTION
DOC: 9481.07(84)
Key Words:
Regulations:
Subject:
Addressee:
Originator:
Source Doc:
Date:
Summary.'
Appendix VIII
40 CTR 270.14(c), 2.64 Subpart F
Requirement for Appendix VIII Analysis
Alexandra B. Smith, Director, Air and Waste Management Division,
Region X
John H. Skinner, Director, Office of Solid Waste
#9481.07(84)
6-18-84
Owners/operators of regulated facilities where ground-water monitoring
indicates contamination must analyze the ground water for all Appendix VIII
constituents.
Because owners/operators do not always know all of the hazardous wastes
and constituents that have been disposed at the facility, because some wastes
may leach-contaminants from the soil, and because there is the possibility of
waste decomposition and reaction forming new wastes, an Appendix VIII analysis
is the only way to determine with certainty what is leaking, how much is leaking
and what the possible hazard level may be. With the completion of the Appendix
VIII analysis, the permit writer can set forth the ground water protection
standard, which consists of concentration limits for hazardous constituents, in
the compliance monitoring permit.
The provision in the preamble to the Part 264 regulations that states,
"the constituent must be reasonably expected to be in or derived from the waste
contained in the regulated unit," applies to a facility that has already com-
pleted its Appendix VIII analysis and refers to the specification- of hazardous
constituents in the permit under §264.93. The provision does not relieve the
owner/operator from conducting a full Appendix VIII analysis, but allows him/her
to prove to the Regional Administrator that certain hazardous constituents are
not from his/her facility and, therefore, should not be included in the facility's
ground-water monitoring standard.
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9^31.07 (SO
Requirement for Appendix VIZI Analysis
John H. Skinner, Director
Office of Solid waste
M I g 1984
Alexandra R. Smith, Director
Air 6 Wasate Manage/went Division
EPA Region X
In your nemo of May 23, 1^94, you requested guidance in
identifying the rationale for requiring the full Appendix VIII
analyses from all facilities exhibiting ground-water contami-
nation. In particular, a wood treatment facility operator in
your region has submitted » Part R permit application at a
site where ground-water contamination has been discovered.
Pursuant to 40 CPP 270.14{c), the permit application must
contain the results of a full Appendix VTTT analysis. The
operator is strongly objecting to this requirement. We also
have 'a copy of the June 1 letters to E. (Kika) de la Garza,
and Honorable Denny Smith from Ernesta P. Barnes regarding
this issue.
Analyzing for all Appendix VIII constituents is a f undancntal
requirement of the ground-water monitoring program and must bo
performed after a regulated unit is believed to be discharging
hazardous constituents into the ground water based on detection
monitorinn results. The regulations do not provide a mechanise
for deleting any of the Appendix VIII constituents from this
analysis, A facility operator may not know all the wastes and
a 1 1 the hazardous constituents from all the waste that has
been disposed in the facility because of lack of detailed
controls, lack of records, or lack of analyses, especially
from past (pra PCP.A) practices. Also, some wastes (e.g., very
acidic or caustic wastes) will leach contaminants (e.g., lead,
cadmium) from the soil. Additionally, there is often the
possibility of waste decomposition and reactions forcing new
hazardous constituents. For these reasons, an Appendix VIII
analysis 1« the only way to determine, with certainty, what i«
leaking, how much, and what the possible hazard l«v»l n.ay bo.
Once the Appendix VIII analysis is eorplote*, the ground-
water protection standard ig e? t a^I i shpd in thf? COT-! i anc =
"onitorin;j permit ( s c r» <«264.92, 2^4.93 and 254. Q(^). As you
are aware, the? ground-water protection standard sot." forth
concentration limits fcr hazardous constituents («>254.Q1
and 264.9-1). Thr- Pre/»"^]e languagn yep c i t r<= to the sp PC i f i cat i on of ha z? ri1ouc const i t ucf-^ .«.
in the perr-it under «2^4.93. At that t i T , th
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concentration of all constituents identifier! frc~ Appendix
VTIT (S264.98(h)(2)). The provision that 'the constituent
must be reasonably expected to be in or derived fror" the w?st&
contained in the regulated unit," allows the facility owner or
operator to prove to the Regional Administrator that certain
hazardous constituent? are not from his unit, and, therefore, the
constituent should not be included in his facility's ground-w?ter
monitoring standard. This does not relieve the owner or operator
from performing a full Appendix VIII analysis.
V!e are currently evaluating an analysis approach which
can show the absence of classes of Appendix-VIIT constituents.
The technique will substantially reduce the economic burden
placed en a facility which must analyze for all Appendix VIII
constituents under *«270 . 14(c)(4 ) and 264 .98(h)(2). we hope
to issue a proposal describing such an approach by the end of
the sururer.
WH-565R:PSbar:as: nr.2106 :W?M:6/5/84
OSW-047
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a. Smith
Requirement for Appendix VIII analysis
Prepare for Skinner.1-s signature
EPA Form 619Q- » («-72)
«H>cis r*»c* »O«M ?i AHO
•1W-71WMCM •*! «OT l( WHO.
(Xmovt Ait copy onfy, do not ttparatt rmaindir.) MAIL CONTNOL SCHf OUtC
/
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-3 ENVIRONMENTAL PROTECTION AGENCY
for Appendix VIII Analysis
Alexandra B Smith, Director r.i+i^r-^*^
Afr 4 Waste Management Division
TO John H. Skinner, Director
Office of Solid Waste (WH-562)
Region X would like to request headquarters guidance In identifying the
rationale 1n requiring full Appendix VIII analyses from all facilities
exhibiting ground water contamination, regardless of the number of types
of waste streams generated. We recently received a letter (enclosed) to
EPA from Senator Mark 0. Hatfield (R/Or) regarding an Oregon wood treating
facility. The facility operator is currently in the process of applying
for a RCRA permit pursuant to a Part B request. Groundwater contamination
has been discovered at the site and as a result, per 40 CFR 270.1* (c),
the facility application will have to contain the results of a ^;1
Appendix VIII analysis. The operator is strongly objecting to this
requirement as the process producing this waste contains only three of the
387 constituents listed in Appendix VIII. He feels that the requirement
for this analysis places an unreasonable and unnecessary economic burden
on the facility. The letter from Senator Hatfield requests an answer to
the need for this requirement in this instance.
In attempting to respond to this letter, the responsible permit writer for
the facility consulted the preamble to the Part 264 regulations 1n an
attempt to determine the Intent in making this requirement a part of the
Subpart F regulations, as well as an element of the permit application
under 40 CFR Part 270. The language found in the preamble (see pages
32295 and 32296) indicates that the regulations would provide some
provision for not requiring the full analysis at all facilities.
Specifically (see page 32295, second column), the preamble states that "
the Regional Administrator makes three findings when identifying a
constituent as a hazardous constituent under [40 CFR Part] 264.93. First,
the constituent must be listed in Appendix VIII of 40 CFR Part 261.
Second, the constituent must have been detected in the ground water below
a regulated unit. Third, the constituent must be reasonably expected to
be in or derived from the waste contained in the regulated unit.Tn
addition, page 32296 contains the following language: "The monitoring
burden associated with the use of Appendix VIII depends in the first
instance on the nature of the wastes placed in a regulated uni t. bP~A does
not believe that it is unreasonable to place a more extensive monitoring
burden on owners and operators who handle wastes that contain many
potentially dangerous constituents. As will be discussed later in thi's
preamble, the owner or operator will be allowed to demonstrate that some
Appendix VIII constituents cannot be in a regulated unit because of the
nature of the waste."
None of the other references in the preamble to the requirement for
Appendix VIII analysis provide the rationale for the requirement fo
facilities. The preamble, therefore, appears to indicate that the
Appendix VIII analysis would not be required of all faciliti
an
for all
full
es and seems
EPA F*m 1320-4 (H... 3-74)
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Contradict the language appearing in the actual regulations.
The facility in question is the first facility in Region X to be applying
for a RCRA permit that has evidence of groundwater contamination at the
time of application. We do expect, however, that the issue will come up
with greater frequency as other land disposal facilities in the Region
that generate known and limited waste streams have Part 8 permit
applications called in.
He are responding to Senator Hatfield with a letter that explains that the
requirement for the Appendix VIII analysis is clearly identified in the
regulations. We also intend to respond, per the guidance in the preamble,
that we will be willing to consider a demonstration from the facility
owner that analysis for some of the Appendix VIII constituents (to be
identified by the facility owner) may be unreasonable due to the nature of
the waste stream generated by the facility wood treating process.
cc;RCRA Branch Chiefs
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