oEPA
united St
Environmental Protection
Agency
Off ice of
Solid Waste and
Emergency Response
DIRECTIVE NUMBER: 9481.03(84)
TITLE: Deficiencies in Part B Permit Applications with
ACL Demonstrations
APPROVAL DATE: 3-15-84
EFFECTIVE DATE: 3-15-84
ORIGINATING OFFICE: office of solid waste
3 FINAL
D DRAFT
STATUS:
[ ] A- Pending OMB approval
[ ] B- Pending AA-OSWER approval
f ] C- For review &/or comment
[ ] D- In development or circulating
REFERENCE (other documents): headquarters
OSWER OSWER OSWER
VE DIRECTIVE DIRECTIVE Dl
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PARTS 264 AND 265 SUBPART F - GROUND-WATER PROTECTION '"* DOC: 9481.03(84)
Key Words: Alternate Concentration Limit (ACL)
Regulations: 40 CFR 270.14(c)(2)/(4), 264.94(b)(ii)/(iv)/(v)
Subject: Deficiencies in Part B Permit Applications with ACL
Demonstrations
Addressee: Jack Lehman, Fred Lindsey, Ken Shuster, Burnell Vincent, George
Dixon, Art Day, Peter Guerrero, Terry Grogan, Amy Mills, Dave
Fagan, Nancy Hutsel, Elizabeth Cotsworth, and Libby Scopino
Originator: Randall BW. Breeden, Hydrologist OSW, Land Disposal Branch
Source Doc: #9481.03(84)
Date: 3-15-84
Summary:
Deficiencies in ACL demonstrations include the following:
1) Lack of sufficient hydrogeological data to substantiate what is occur-
ring beneath a facility.
2) An incomplete Appendix VIII analysis to describe the concentration
of each Appendix VIII constituent in the plume of contamination
[§270.14(c)(4)] and an incomplete ACL demonstration to describe the
existing quality of groundwater [§264.94(b)(vi)]
3) Inconclusive information to assure there will be no harm to human
health and. the environment at the concentration levels they are asking
the ACLs for.' Applicants need to submit an in-depth evaluation of the
effects each hazardous constituent will have on human health and the
environment.
4) Failure to place Point of compliance (POC) wells at the hazardous
waste management boundary (HWMB).
5) Inadequate .hydrogeological data pertaining to the surrounding area.
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MAR 15 B8-4
Issues Concerning Alternate Concentration Limits
Demonstrations
Randall W. Breeden, Hydrologist OSW
Land Diaposal Branch (*H-3(5E)
Addressees
To data, Headquarters has received three part B permit
applications with Alternate Concentration Limit demonstra-
tions. I have reviewed the applications in conjunction with
the Permit Assistance Team. The KPA has denied all RCRA ACL
demonstrations to date. There are several reasons why all
requests have been denied. I will briefly discuss the major
deficiencies that I have encountered in the permit applications,
* One major dlficiency in all ACL demonstrations has been
the lack of sufficient hydrogeologieal data to substantiate
what the applicants believes is occurring beneath their facility.
The quantity and quality of subsurface information that is
needed to adequatley assess what is occurring beneath a facilty
is substantial. So far we have not received an application
that has had the amount and detail of information necessary to
juatify the ACL demonstration. .
To date, no facility submitting an ACL demonstration has
completed an Appendix VIII analysis. Pursuant to 270.14(c)(4),
all facilities that exhibit a plume of contamination must
submit on Appendix VIII analysis describing the concentration
of each Appendix VIII constituent in the plume. Pursuant to
2(4.94 (b)(ri) an ACL demonstration must describe the 'existing
quality of ground water*... in order to accomplish this an
Appendix VIII analysis must be performed. Not only Is the
analysis required by ruls, but in the case where a aasardous
constituent is deteained to be in the ground water,.and does
not have an ACL or KCL established for that constituent, cor-
rective action may be required to return the concentration of
that constituent back to background or the 2(4.94 (b) Table 1
KCL concentration. Me have uaed the 270.l4(c)(2) and (c')(4)
as a elnb to require facilities to do the Appendix VIII analysis
before we will even consider the ACL demonstration.
Two facilities that have submitted an ACL demonstration
(International Pap«r, Region VII and Sodyeco, Region IV) are
currently analysing the ground water for Appendix VIII compounds
after receiving WODa for the ACL demonstration. Roth facilities
, are aware that resubmittal of their ACL demonstration must
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Include more detailed Information-describing the subsurface "_
environment* and fate and transport for each hasarooua con-""',
stituent found in the ground water*
There has been a lack of conclusive informaitbn submitted .'
with the ACL demonstrations that there will be no harm to .
human health and the environment at the concentration levels
that they are asking ACLs for. In order to help remedy this :
situation we have requested the applicants to provide an in-depth
evaluation of the effects that each hasardous constituent will
have on human health and the environment. '.',"
' In all applications the point of compliance (POC) wells
have not been placed at the hazardous waste management boundary
(HVMB). This poses problems when reviewing contaminant concen-
tration data, (e.g. the contaminant concentration data may
not be representative of the concentration at the POC due to
the wells being incorrectly placed). In some cases the wells
have been screened at the wrong depth to adequately intercept
the plume. EPA coanents have.requested that the POC be moved
closer to the HWXB. EPA consents and the HOD have mentioned
that the POC must be moved closer to H*MB. ... _ ... .,. --,
A significant amount of off-site information is needed in
order to adequately assess an ACL demonstration. The applica-
tions received so far contain sparse information concerning
pffsite hydrogeology, water quality, and general information
about the surrounding area. Paragraphs 2<4.94(b)(11) and
2C4.94(b)(v) gives EPA the authority to request the hydrogeological
information pertaining to the surrounding land. We have requested
the applicants to submit more detailed offsite information.
We have yet to see a resubmittal -for an ACL demonstration,
however,;International Paper and Sodyeco are currently in the
process of compiling one.
Addresseest ..
*»..' . .'.
Jack Lehman
fred Lindsey
Ken shuster
Emrnell Vincent
Qeorge Dixon ,
Art Day *'':
Peter Guerrero
Terry Orogan
Amy Mills ,; i
Fagaa '!:
flatsel '
Elisabeth Cot«wortJi
: Jtm2102:3/15/84
: 2 ' " '"' J
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