vvEPA
               United States
               Environmental Protection
               Agency
            Office of
            Solid Waste and
            Emergency Response
DIRECTIVE NUMBER:  9504.oi(84>
                     Enforcing Ground -Water Monitoring Requirements in
                     RCRA Part B Permit Applications
                APPROVAL DATE:: 8'16-84

                EFFECTIVE DATE:: 8-16'84

                ORIGINATING OFFICE:: "office of solid waste

                0 FINAL

                D DRAFT
                       j

                 STATUS::
            I ^ ] _;">- Pending OMB approval '
            [  ] ;_B-"Pending ^AA-OSWER approval
            [  ] * / C-;t For review &/or comment
            ['" ]'  .D-, In rdevelopaent or circulatln

REFERENCr(6thVrd6cumehtsr:     '• ,headquarters
  OSWER      OSWER      OSWER
fE   DIRECTIVE   DIRECTIVE

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COMPLIANCE AND ENFORCEMENT
                                                DOC:   9504.01(84)
Key Words:

Regulations:


Subject:


Addressee:


Originator:



Source Doc:

Dace:

Summary:
Ground-Water Monitoring

40 CFR 270.14(c)(4), (6) and (7);  264.98(h)(2)  and 264.99(f)
Part 261 Appendix VIII

Enforcing Ground-Water Monitoring  Requirements  in RCRA Part  B
Permit Applications

Regional Counsels, Regions I-X,  and Air and Hazardous Materials
Division Directors, Regions I-X

Courtney M. Price, Assistant Administrator for  Enforcement and
Compliance Monitoring, and Lee M.  Thomas,  Assistant Administrator,
Office of Solid Waste and Emergency Response

#9504.01(84)

8-16-84
     In response to Regional requests to waive or selectively enforce ground-
water monitoring requirements for every Appendix VIII constituent, OSW has
proposed regulatory changes (FR, October 1, 1984) that it expects to promulgate
as a final rule in early 1985.

     Until the proposed change becomes final', Regional enforcement personnel
would be permitted to assign low priority to the following monitoring violations:

     1)  failure to monitor for 11 Appendix VIII constituents which, because
         they are unstable in water, are not detectable in ground water using
         generally accepted analytical techniques; and

     2)  failure to monitor for 10 Appendix VIII constituents for which
         there are no EPA-approved test methods.

     Current Agency policy requires the analysis of all Appendix VIII chemicals
except for the 21 substances noted above.  Owners/operators must continue  to
monitor for certain Appendix VIII constituents that cannot be analyzed through
scan methodology because accepted test procedures do exist for  these consti-
tuents.  Regions should ordinarily take enforcement action when an owner/
operator fails to monitor for these constituents.

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                                                      9504.01
          UNITED SI. TtJ ENVI^C'-MTNTAL PROTECTION AGENCY

                      WASHINGTON, O.C.  20460
                            AUG 1G 1S34
MEMORANDUM
SUBJECT:   Enforcing Groundwacer Moni'toring Requirements in
           RCRA Part B Permit Applications ^
FROM:     Courtney M. Price 	
          Assistant Administrator for  Enforcement
            and Compliance Mcnitori:
          Lee M. Thomas
          Assistant Administrator
          Office of Solid Waste and Emergency  Response

TO:       Regional Counsels
          Regions I-X

          Air and Hazardous Materials  Division Directors
          Regions I-X

     Existing regulations under the Resource Conservation and
Recovery Act (RCRA) require owners and operators of hazardous
waste land disposal facilities to conduct  groundwater monitoring
in order co obtain a Part B RCRA perait.   (40  CFR 270.14(c) (4) ,
(6), and (7); 40 CFR 264.98(h)(2) and  264.99(f)).  To satisfy
these requirements, owners and operators must, under certain
circumstances, monitor for each constituent listed at 40  CFR
Part 261, Appendix VIII.

     Recently a number of Regional Offices, in response to
inquiries from the regulated  community,  have questioned whether
certain, gro_undwater_monitorLng Requirements .might, be waived in
appropriate circumstances".  Specif ic'ially  questioned is the
need to monitor for each and  every constituent listed in
Appendix VIII.

     There are essentially three arguments advanced to  support
selective waiver of the regulatory  requirements :

     1) certain constituents^  listed  in Appendix VIII are
un_s_t ab Lg.-Ch~war c r and-±heraiflrjB^-jtiLJL_ noc' Jb'e _d. ecected  in
groundwater using generally accepted  analytical techniques;

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                              - 2 -


\r    2) EPA-accepced, standardized eesc procedures  do  noc exist-
^for some Appendix VIII constituents.Uncil such  procedures are '
 specified. LfA shouldnot te^uitc facility owners Co monitor
 for chese constituents;  and                                    J

      3) certain constituent* are not  analyzable by  acan
 oe_thodologyTTesting for these constituents is difficu 11, and
 the~~Iridtviaual cheoical methods used,  are very expensive and
 should not be required unless there is some reason  to  believe
 that such constituents are actually present in the  groundvacer.

 DISCUSSION

      Any request to waive or selectively enforce  groundwater
 monitoring requirements runs counter  Co the high  enforcement
 prioricy che Agency has assigned co groundwater monitoring
 violations and must be viewed carefully.  Nevertheless,' the
 Agency recognizes that there is technical merit to  gome  of  the •
 eoneenelona set forth above and is~aevelopin^ regulacory
 changes Co correct these problems. Proposal of ches'e  changes
 by the Office of Solid Waste is expected in Auguae 1984.  and
 chac Office plans to promulgate the changes as a  final rule by
 early 1985.                                      	"	
  fci^a^^^™"^^""^^^"^™™^^^    r

      Recognizing the problems created by existing regulations
vwe believe that it is permissible for Regional enforcement
 personnel to assign low priority to certain technical regula-
 tory violations in appropriate circumstances.  The  first situa-
 Cion concerns the regulation which currently requires permit
 applicants to monitor for constituents which, because of their
 chemical properties, are not detectable in groundwater using
 generally accepted analytical techniques.  The constituents
 that fall into this group are set forth at Attachment I to
 this memorandum.  Because these constituents cannot be detected
 in groundwater, there is no conceivable environmental benefit
 Co be gained by requiring formal  laboratory analysis.

      The second situation which we believe merits  low
 enforcement priority involves the failure  to monitor  for those
 constituent* for which there are no EPA-approved test methods.
 These constituents are set  forth  at Attachment II  to  this
 memorandum.  We believe that low  enforcement priority is
 warranted in these cases because  the  absence  of  any approved
 test method makes meaningful analysis  of  any  reported data
 difficult.

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     Unlike  the firsc  two situations, the  last situation
 presented by permit applicants does not warrant any change,in
 our  enforcement priorities.  This situation concerns  the need
 to monitor for those constituents that are not analyzable by
 scan methodology.  These constituents are  listed in Attachaent
 III  to this memorandum.  Applicants have argued that  absent
 some indication that such constituents are present in the
 groundwater, no monitoring should be required.

     This argument is  not persuasive.  The regulations clearly
 require analysis for these constituents.  Unlike those constit-
 uents listed in Attachment II. accepted test orocedures_jio
 exist for Attachment III constituents.The fact that such
 test procedures are expensive is legally irrelevant.  Moreover.
 EPA has previously rejected the notion that facility  owners
 can determine the hazardous constituents emerging from a land
 disposal unit from records detailing the wastes previously
 disposed of at the facility.  Therefore, a facility owner's
 failure to monitor for these Attachment III constituents should
 ordiharily reTult in enforcement action.    "	

Attachments

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                                      ATTACHMENT I
Acecyl chloride
Aluminum phosphide
Carbon oxyfluoride
Dimechylcarbaaoyl chloride
Fluorine
Methyl chloroctrbonace
Machyl isocyanaee
Nicrogen dioxide
Phosgene
Toluene diisocyanace
Zinc phosphide

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                                      ATTACHMENT II
Cacasin
Echylenebisdithiocarbamic acid
2-Fluoroacecanide
Iron dextran
Lasiocarpine
Mustard gas
Nlcrogen mustard, N-oxide and HCl sales
Nitrogen mustard and HCl sales
Nitric oxide
Phosphine

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                                      ATTACHMENT III

 Cyclophosphamide
 Formaldehyde
 Formic acid
 HexachlorohexahydrodinechanonaphChalene
 Hydroxydiaechylarsine oxide
 7-Oxabicyclo[2-2.1]hepcane-2,3-dicarboxylic acid
 Selenourea
«Serepcozococin
 Scrychine

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