vvEPA United States Environmental Protection Agency Office of Solid Waste and Emergency Response DIRECTIVE NUMBER: 948L .OO^LO TITLE: Implementation Strategy for Alternate Concentration Limits APPROVAL DATE: 8/11/87 EFFECTIVE DATE: 8/L1/87 ORIGINATING OFFICE: 0 FINAL D DRAFT STATUS: [ ] A- Pending OMB approval { j B- Pending AA-OSWER approval [ ] C- For review &/or comment [ ] D- .In development or circulating headquarters REFERENCE (other documents): OSWER OSWER OSWER fE DIRECTIVE DIRECTIVE ------- G.CPA Washington. DC 20460 * V wcrM QSWER Directive Initiation Request 2. Originator Information Name of Contact Person jMail Code (Office Ron Kolpa " WH-563B i OSW/PSPD/SPB 1 Directive Number 948L.OO-LO Telephone Code 382-2221 3 Title Implementation Strategy for Alternate Concentration Limits 4 Summary cf Ciirec'-.-e (include brief statement of purposei The ground-water protection standards (40CFR Part 264, Subpart F) established under RCRA require that facility permits establish a concentration limit for each hazardous constituent entering the ground-water from a regulated unit. Concentration limits can be established through Alternate Concentration Limits (ACLs) . This strategy describes activities that will implement ACL regulations and guidance. 5. Keywords permic; Alternate Concentration Limit; Ground-water Standards; Land Disposal F^riHry- TSHF 5a. Does This Dir'ecwe Supersede Previous U!fecT.i.e:5> ; !xx;No i | Yes What directive D. Does It Supplement Previous Directive(s)0 , : , ; ..'No i Ves What directive . j»_"_' ! 7. Draft Levei n: 8 - Signed by Office Director C -- For Review & Corr (numoer. title; (number, title) iment | D - in Development 8. Document to be distributed to States by Headquarters? [xxjYes No This Request Meets OSWER Directives System Format Standards. 5. Signature of Lead Office Directives Coordinator vJjjMLifer-- ^ ftto^ ^***^ ^\ 10. Name and Title^f Approving Official Marcia Williams, Director, Office of Solid Waste .Date aMa? .Date ; 8/11/87 EPA Form 1315-17 (Rev. 5-87) Previous editions are obsoie'e OSWER OSWER OSWER O E DIRECTIVE DIRECTIVE DIRECTIVE ------- 32Z UNITED 5TATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON D.C. 20 150. -.:': Of '. :-. \ :MCY RESPONSE 2 I 1987 MEMORANDUM SUBJECT: Implementation Strategy for Alternate Concentration Limits (OSWER Policy Directive # 9481.00-10) FROM: Ma re i a E. Williams, Director Office of Solid Waste TO: Waste Management Division Directors EPA Regions 1-10 Attached is a copy of the final implementation strategy for Alternate Concentration Limits. This strategy was developed by a workgroup consisting of staff from EPA Headquarters, EPA Regions and State environmental agencies. The workgroup identified the issues that the Agency might face in the implenent.ation of the ACL standards and guidance and proposed and evaluated various options for resolving those issues. This strategy outlines Agency activities in six distinct topic areas: development of ACL-related data, technical assis- tance to EPA Regions and States, cross-media impacts, outreach and public education, data management and training. For each indicated activity, the strategy identifies the Division or Branch of OSW having lead responsibility and establishes a schedule tor completion of the action. Let me take this opportunity to thank all of the Regions who participated in the formulation and review of this strategy. Any questions on the strategy should be directed to Bruce Weddle, Director, Permits and State Programs Division. cc: Hazardous Waste Branch Chiefs, Regions 1-10 Implementation Strategy Workgroup Participants ------- OSWER Policy Directive # 9481.00-10 IMPLEMENTATION STRATEGY FOR ALTERNATE CONCENTRATION.LIMITS Permits and State Programs Division Office of Solid Waste U.S. Environmental Protection Agency August 1987 ------- OSWER Policy Directive # 9481.00-10 PREFACE The ground-water protection standards (GWPS) (40 CFR Part 264, Subpart F) established under the Resource Conservation and Recovery Act (RCRA), require that facility permits establish a concentration limit for each hazardous constituent entering the ground water from a regulated land disposal unit (i.e., all surface impoundments, waste piles, land treatment units, and landfills that receive hazardous waste after July 26, 1982). Concentration limits used to determine the GWPS are based on one of three criteria: background levels of hazardous constituents, maximum concentration limits (MCLs) listed in 40 CFR 264.94(a), or alternate concentration limits (ACLs). To obtain an ACL, a RCRA permit applicant must demonstrate that hazardous .constituents detected in the ground water "will not pose a substantial present or potential hazard to human health or the environment" at the level established. A summary of the regulation is presented in Appendix A. EPA's Office of Solid Waste (OSW) is currently developing guidance for permit applicants and permit writers on how to address the regulatory criteria for obtaining an ACL. This Implementation Strategy describes activities that will implement the ACL regulations and guidance and the general order in which those activities will be carried out. It identifies the responsible office in EPA (or at the State level, if appropriate) in connection with each activity. Although in the past many Regions and States were concerned over the possible technical complexity or resource requirements of reviewing ACL applications, OSW expects that the ACL Implementation Strategy and the ACL Guidance should be helpful in streamlining the review of ACL applications and ensuring that the process is simpler, speedier, and less resource intensive. The implementation strategy and guidance will facilitate Regional and State review of ACL applications by identifying offices that reviewers may call upon for assistance and by providing additional procedures and coordination for ACL activities. The ACL Implementation Strategy was developed by a workgroup consisting of staff from EPA Headquarters, EPA Regions, and State environmental agencies. The workgroup assisted OSW in identifying issues that the Agency might face in the implementation of the ACL standards and guidance, and by proposing and evaluating alternative means for resolving those . issues. Eased on the workgroup discussions, OSW prepared and distributed two reports, the ACL Implementation Phase I Report and the ACL Implementation Phase II Report, summarizing the most important issues and potential means of addressing the issues. This Implementation Strategy is based on the workgroup -2- ------- OSWER Policy Directive # 9481.00-10 recommendations. A more detailed discussion and schedule of the workgroup's activities to date and a list of workgroup participants appear in Appendix B. An executive summary and schedules for implementation precede the text of the strategy. -3- ------- OSWER Policy Directive # 9481.00-10 TABLE OF CONTENTS Page PREFACE 2 EXECUTIVE SUMMARY 5 EXHIBIT 1: Summary of ACL Implementation Activities 7 EXHIBIT 2: Schedule for Implementation Activities for ACLs 8 IMPLEMENTATION STRATEGY 9 1. Development of ACL-related Data 9 2. Technical Assistance to EPA Regions and States 9 3. Cross-Media Impacts 10 4. Outreach and Public Education : 11 5. Data Management 11 6. Training . 12 APPENDICES Appendix A: Summary of Rule 13 Appendix B: Summary of Strategy Development 15 -4- ------- OSWER Policy-Directive # 9481.00-10 EXECUTIVE SUMMARY This Strategy outlines six activities for implementing the review of ACL applications. The State Programs Branch (S?B) will have overall responsibility for coordinating these activities, and will provide assistance to responsible offices. The goal of the strategy, in combination with guidance on ACL applications, is to make the ACL decision-making process as simple, speedy, and efficient as possible. The following section provides a synopsis of each activity, the office primarily responsible, and the schedule for completion of specific tasks. 1. Development of ACL-related Data EPA performed a number of telephone surveys in the spring of 1985, and August 1986 to determine the number of. States that allow ACLs in their regulations. In order to update the telephone survey data concerning ACLs, the Assistance Branch (AB) conducted a survey in November 1986, at the New Orleans Regional. Section Chiefs meeting to ascertain the number of ACL applications already submitted and an estimate of the number expected to be submitted in the future. This survey indicated that approximately 30 ACL applications had been received or were expected. From the survey data, AB developed an inventory that established a framework for forecasting the likelihood of additional ACL applications and for estimating the resources required for ACL review. 2. Technical Assistance to EPA Regions and States In order to assist Regions or States that may not currently have the technical resources to fully analyze ACL applications, and to promote national consistency in ACL reviews, the Land Disposal Permit Assistance Team (PAT) of the Assistance Branch (AB), upon request, will aid in the review of specific issues and aspects of the ACL application identified by the Regions and/or States. The AB will provide comments and recommendations on submitted ACL applications to the Regions and States. To promote information transfer among the Regions, the. AB has prepared and distributed short fact sheets summarizing the issues and recommendations raised during each ACL application review. The first set of fact sheets was distributed to the Regions in December 1986. Updates have followed quarterly. In addition to case studies contained in the Interim Final ACL Guidance (July 1987), the Special Wastes Branch (SWB) has incorporated other screening methods into the guidance document. -5- ------- OSWER Policy Directive # 9481.00-10 3. Cross-Media Impacts In order to ensure consistency within other EPA offices, the Assistance Branch will coordinate with EPA Offices to determine the extent of cross-media impacts associated with ACL decisions. 4. Outreach and Public Education Regions and States will be primarily responsible for conducting site-specific outreach activities to inform the public about the process involved in reviewing ACL applications, such as ground-water modeling, risk assessment, and other analytic techniques. The Office of Program Management and Support (OPMS), with assistance from the Technical Assessment Branch, the Assistance Branch, and the Special Waste Branch, will develop a data sheet describing general ACL requirements, guidance, and other issues. With the assistance of the Association of State and Territorial Solid Waste Management Officials (ASTSWMO), OPMS will distribute the first data sheet in October 1987. The data sheet will be used at the discretion of the Regional Offices and States to provide to the public basic information concerning ACLs 5. Data Management The current number of ACL applications allows manual collection, management, and tracking of ACL-related program management data. The Information Management Staff (IMS) will determine whether modifications to the Hazardous Waste Data Management System (HWDMS) or to the proposed RCRA Information System (RCRIS) should be made to include ACL data or whether a stand-alone ACL tracking system should be developed. Until then, Regions and States will continue to track the progress of ACL applications manually and, upon request, to forward the data to Headquarters. 6. Training With assistance from other offices, the Office of Program Management Support (OPMS) will identify problems Regions and States have experienced with reviewing ACL applications. Based on their findings, OPMS may develop and present to the Regions a training package. -6- ------- OSWER Policy Directive # 9481.00-10 EXHIBIT 1 SUMMARY OF THE ACL IMPLEMENTATION ACTIVITIES Responsible Activity Organization Target Date Permit Assistance Assistance Ongoing based on on ACL Application Branch Regional and Issues State Requests Conduct Inventory Assistance November 1986 Of ACL Applications Branch (Completed) Currently Outstanding or Anticipated Prepare Fact sheets Assistance December 1986, Summarizing ACL Branch then quarterly Issues Incorporate Screening Special Waste June 1987 Methods in ACL Branch (Completed) Guidance Issue Interim Final Special Waste June 1987 ACL Guidance Branch Develop and Distribute OPMS October 1987, Public Information Distributed as Data sheet Necessary Evaluate Need for OPMS October 1987 Providing Training on ACL Application Reviews -7- ------- EXHIBIT 2 SCHEDULE FOR IMPLEMENTATION ACTIVITIES FOR ACLS 1987 1988 Act ivi ty MAY JUN JUL AUG SEP OCT NOV DEC JAN FEB MAR 1. Permit Assistance 2. Fact Sheets 3. Incorporate Screening Material into Guidance it. Guidance Ongoing Quarterly Ongo i ng 5. Coordinate ACL Program with OLher EPA Offices 6. Public Information Data Sheet 7. Training on Application Reviews Ongoing X Ongoing at Reg ionu 1 and State Discretion X Ongoing at Headqua rter" s L)i scret ion 0 in s: M 0 »- t->- O D n 0) n ft H- (D 00 O O I ------- OSWER Policy Directive # 9481.00-10 IMPLEMENTATION STRATEGY This Strategy outlines the major activities that will be undertaken to implement the ACL standards and guidance. The activities required include data collection, training coordination of technical assistance, and outreach. Each element of the Implementation Strategy is discussed below in terms of the problem involved, the necessary activities, and the offices that will be responsible for those activities. 1. Development of ACL-Related Data In the spring of 1985, and August 1986, EPA collected information on State regulations concerning ACLs in a series of informal telephone surveys that did not include all of the States. Additional information was necessary to update the Agency's records. In order to gather this data, the Assistance Branch (AB) tabulated the responses from the telephone surveys and the New Orleans Regional Section Chiefs meeting in November 1986 and used the results to develop a nation-wide inventory of pending or anticipated ACL applications. The survey indicated that approximately 30 ACL applications had been or were expected to be received. The inventory was used to forecast workload, technical assistance requirements/ and data management requirements. 2. Technical Assistance to.EPA Regions and States The number of ACL applications received by EPA may increase considerably as additional ground-water characterization and risk analysis are performed at land disposal facilities required either to apply for operating permits or to cease operations. The number of additional ACL applications is likely to depend on whether currently pending ACL applications are approved or disapproved and the reasons for the decisions. Since the regulations became effective on January 26, 1983, few applications have been submitted, and only one has been approved. Currently, 13 ACL applications have been submitted by the Regions for review by EPA Headquarters. Some authorized States report that they expect to obtain additional applications. Some Regions and States have sufficient resources, including hydrogeological, toxicological, and environmental effects personnel, to analyze ACL applications without formal assistance from EPA Headquarters. Other Regions and States have expressed interest in different forms of assistance, including toxicology, ground-water modeling, risk assessment, and fate and transport modeling. In addition. Headquarters reviews can help promote national consistency and development of a sound, realistic, national. ACL policy. In order to provide technical assistance to Regions and States, the following steps have and will be taken. -9- ------- OSWER Policy Directive # 9481.00-10 First, the Assistance Branch (AB) will, upon request, make technical assistance routinely available to the Regions and States through the Land Disposal Permit Assistance Team (PAT). In providing ACL applications to the AB for review, Regions should choose applications containing relatively complete supporting data. The Region should carry out an initial analysis of the ACL application and indicate specific questions for the AB to address. The AB will review the ACL issues and methodology questions and provide comments and recommendations to the Regions and/or States. Second, the Special Wastes Branch (SWB) has incorporated screening methods into the ACL Guidance. In part, the five case studies included in the guidance will provide examples that can be used to determine whether basic standards have been met in the ACL application. Other screening methods prepared by the SWB will provide general outlines of the factors that must be considered in reviewing an ACL application. Screening methods were developed in December 1986, and incorporated into the Interim Final Guidance document, expected to be released in June 1987. Third, to promote information transfer among Headquarters and the Regions, the Assistance Branch (AB) has prepared a short fact sheet on each ACL application reviewed in Headquarters. The fact sheet summarizes the issues raised by pending ACL applications and the recommended solutions to those issues. If a number of issues identified through the fact sheets described above indicate that workshops are desirable, short information workshops describing major points concerning ACL application reviews will be held in the Regions by AB personnel. The first set of fact sheets were distributed in December 1986. Updates have followed at the end of each quarter. 3. Cross-Media Impacts A number of different EPA offices, including the Office of Research and Development (ORD), the Office of Water (OW), the Office of Toxic Substances (OTS), the Office of Emergency and Remedial Response (OERR), and components of OSW such as the Technical Assistance Branch, develop toxicological data or concentration limits to achieve their own missions. Because an ACL application may seek concentration limits developed from toxicological data for compounds that have had limited peer review, technical assistance to permit writers from other offices in reviewing toxicological data and fate and transport calculations will be needed. Such assistance will not only support the ultimate decision on the ACL application, but will also maintain consistency of methodology within the Agency. -10- ------- OSWER Policy Directive # 9481.00-10 To ensure consistency between the RCRA and SARA programs, the Special Waste Branch (SWB) has factored into the ACL technical guidance document (OSWER Directive 9481.00-6C) the SARA provisions pertaining to cleanup criteria. The Agency's policy incorporating the cleanup criteria can be found on pages 1-6 through 1-8 of the guidance document. The Assistance Branch (AB) has been assigned as the central contact point to which Regions and States can direct their technical questions involving ACL applications. The AB is responsible for determining to which EPA office or specialist the question should be directed for assistance on an as-needed basis.. In addition, the AB will coordinate with the other EPA offices to determine the extent of cross-media impacts associated with ACL decisions. 4. Outreach and Public Education Some Regions recommended that organized public groups located near the facility at which the ACL is being requested should be contacted early in the ACL application review, so that the public can become familiar with the entire process. The public comment period for the draft permit should not be relied upon exclusively to provide information to the public concerning the nature and purpose of ACLs, or to resolve public questions about particular sites. The public comment period may be too late to address incorrect public impressions concerning ACLs. EPA Regions and States will be primarily responsible for conducting ACL outreach and public education activities. Regions and States should design and implement their own outreach and public education programs for particular ACL applications, so that the outreach activities will be site-specific. OSW's Office of Program Management and Support (OPMS), with assistance from the Special Waste Branch (SWB), the Assistance Branch (AB), Technical Assessment Branch (TAB) and ASTSWMO, will consult with the Regions and States, and in October 1987 will prepare a data sheet describing general ACL requirements, the ACL Guidance, and other issues upon which national consistency is particularly desirable. The data sheet will be distributed, upon request, to the Regions and States by OPMS and ASTSWMO to be used during public hearings or public meetings prior to the hearing. 5. Data Management The current number of ACL applications allows manual collection, management/ and tracking of ACL-related program management data. Using this method, Regions will continue tracking ACL applications and will forward collected data to Headquarters on request. If the future number of ACL applications overburden this informal tracking method, the -11- ------- OSWER Policy Directive # 9481.00-10 Information Management Staff (IMS) will determine if modifications to the Hazardous Waste Data Management System (HWDMS) or to the RCRA Information System (RCRIS) should be made to include ACL data,, or if a stand-alone tracking system should be developed. The advantage of tracking the progress of ACL applications lies in improving the capability of predicting the future rate of ACL applications and the ability to manage technical resources. Another advantage results from being able to identify Regions experiencing similar technical difficulties. To date, the number of ACL applications received or pending does not warrant a stand-alone tracking system. 6. Training Regional and State staff responsible for reviewing ACL applications may need additional technical training. The Office of Program Management Support (OPMS), with the support of the Assistance Branch (AB) and Special Waste Branch (SWB), will identify problems Regions and States have experienced in reviewing ACL applications submitted by certain facilities (i.e., wood treaters). Based on their findings, OPMS may develop a training package that could include workshops, brief fact sheets, or training modules. With the support of the AB and SWB, OPMS will coordinate and present any training that is' needed. -12- ------- OSWER Policy Directive # 9481.00-10 .APPENDIX A SUMMARY OF RULE The Resource Conservation and Recovery Act (RCRA) requires owners and operators of hazardous waste management facilities to use design features and control measures that prevent the leaking of hazardous waste into ground water. All land disposal regulated units (i.e., all surface impoundments waste piles, land treatment units, and landfills that receive hazardous waste after July 26, 1982) are also subject to the ground-water monitoring and corrective action standards of 40 CFR Part 264, Subpart F. These standards require the Regional Administrator to establish a ground-water protection standard (GWPS) in the facility permit for each hazardous constituent entering the ground water from a regulated unit. Degradation of ground-water quality will not be allowed beyond this GWPS. Corrective action is required if the GWPS is exceeded. Concentration limits used to establish the GWPS must be based on one of three criteria: background levels of hazardous constituents; maximum concentration limits (MCLs) listed in 40 CFR 264.94(a); or alternate concentration limits (ACLs). One of the first two levels are established in the facility permit unless the facility owner or operator applies for and obtains an ACL. To obtain an ACL, a RCRA permit applicant must demonstrate that hazardous constituents detected in the ground water will not pose a substantial present or potential hazard to human health or the environment at ACL levels. ACLs are granted through the permit process under 40 CFR Parts 264 and 270. In order to demonstrate that the proposed ground-water concentration of the constituent will not adversely affect human health or the environment, consideration of the following ten factors is required: (1) The physical and chemical characteristics of the particular waste constituent. (2) The hydrogeologic characteristics of the surrounding area. (3) The quantity of ground water and the direction of ground-water flow. (4) Regional precipitation patterns. (5) The proximity of ground-water and surface water users. -13- ------- OSWER Policy Directive # 9481.00-10 (6) The current and future uses of the ground water and the surface water in the area. (7) The existing quality of ground water and surface water, including other sources of contamination. (8) The potential for human health risks. (9) The potential for damage to wildlife, vegetation, agriculture, and physical structures. (10) The persistence of the contamination and permanence of potential adverse effects. Because the ACL approach is site-specific, data on each of these factors are not always required. The type and amount of data needed for an ACL demonstration also depends on whether the applicant attempts to demonstrate that there will be no exposure to contaminants or that the exposure will not pose a substantial hazard to human health or the environment. -14- ------- OSWER Policy Directive # 9481.00-10 APPENDIX B SUMMARY OF STRATEGY DEVELOPMENT The workgroup members listed below participated in the initial ACL implementation strategy workgroup meeting on March 3, 1986. Workgroup members identified issues involving the implementation of the ACL standards and guidance and options for measures to address those issues. The workgroup discussion provided the basis for the draft Phase I Report on ACL implementation, which was distributed to the workgroup participants on April 3, 1986. Workgroup members provided written comments on the draft Phase I report, and participated in a telephone conference on April 14, 1986, in which the issues included in the draft Phase I report were discussed. Based on 'the results of the telephone conference and the written comments, a draft Phase II report was prepared summarizing the most important issues and the pros and cons of alternative methods of addressing those issues. This draft Phase II report was distributed to workgroup members on April 23, 1986. Written comments once again were obtained from workgroup members, and a telephone conference on the draft Phase II report was held on May 5, 1986. Based on the recommendations of the workgroup, particular implementation activities were chosen for inclusion in the draft ACL Implementation Strategy, which was completed on May 15, 1986. The strategy has subsequently been reviewed by workgroup members, and revised to reflect their comments. Final approval was given to the strategy by the OSW Office Director in August 1987. List of Workgroup Participants Workgroup Member Office Alex Wolfe EPA/HQ OSW/SPB Vernon Myers EPA/HQ . OSW/SWB Mark Salee EPA/HQ OSW-PAT Jacqueline Moya EPA/HQ OWPE - Nestor Aviles EPA/HQ OSW-PAT Bob Kayser . EPA/HQ OSW-PAT Terry Grogan EPA/HQ OSW-PAT David Levenstein EPA/HQ OWPE Jim Bachmaier EPA/HQ OSW/LDB Kennan Garvey EPA/HQ OSW/OPMS Chaz Miller EPA/HQ OSW Ken Skahn EPA/HQ OSW/CAD/SMB Ken Jennings EPA/HQ OWPE Ann Strickland EPA/HQ OECM -15- ------- OSWER Policy Directive # 9481.00-10 List of Workgroup Participants (continued) Workgroup Member Mickey Hartnett Paul Day Rich Traub Bob Stewart Kathleen Tobin Larry Wapensky Jeff Scott Joseph Keflemarian Phil Retallick Jan Radimsky Office Region IV Region X Region V Region VII Region II Region VIII Region IX Oklahoma Delaware California -16- ------- |