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 ------- 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. ------- 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 (47 PP 3229C. and 32?Q£) rcfr>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 facility ow?rr rust have already sampler1 the- 'iroij.no vjtor and dot ^ rr i ^c •"" tho ------- 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 ------- 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 / ------- -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) ------- 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 ------- |