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 ------- 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. ------- 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 ------- 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 ------- |