MODEL PERMIT
FOR
RCRA SUBPART X
UNITS THAT TREAT ENERGETICS
DRAFT GUIDANCE
BY REGION VI
1
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THROUGH THE SUBPART X PERMIT
WRITERS' WORKGROUP
AND
THE PERMITS AND STATE PROGRAMS
DIVISION
OFFICE OF SOLID WASTE
U.S. ENVIRONMENTAL PROTECTION
AGENCY
APRIL 92
2
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TABLE OF CONTENTS (Continued)
TABLE OF CONTENTS
I. INTRODUCTION AND PURPOSE iv
II. INSTRUCTIONS FOR USE iv
III. GENERAL PERMIT COVER SHEET vi
MODULE I - GENERAL PERMIT CONDITIONS 1-1
I.A. EFFECT OF PERMIT 1-1
I . B . PERMIT ACTIONS 1-1
I.C. SEVERABILITY 1-2
I . D . DEFINITIONS 1-2
I.E. DUTIES AND REQUIREMENTS 1-2
I . F. SIGNATORY REQUIREMENT 1-9
I.G. REPORTS, NOTIFICATIONS, AND SUBMISSIONS
TO THE REGIONAL ADMINISTRATOR 1-9
I . H . CONFIDENTIAL INFORMATION 1-9
I.I. DOCUMENTS TO BE SUBMITTED PRIOR TO OPERATION 1-9
I.J. DOCUMENTS TO BE MAINTAINED AT THE FACILITY 1-10
MODULE II - GENERAL FACILITY CONDITIONS II-l
II.A. DESIGN AND OPERATION OF FACILITY II-l
II.B. REQUIRED NOTICES II-l
II. C. GENERAL WASTE ANALYSIS II-2
II.D. SECURITY 11-2
I I.E. GENERAL INSPECTION REQUIREMENTS 11-3
II . F. PERSONNEL TRAINING 11-3
II.G. SPECIAL PROVISIONS FOR IGNITABLE, REACTIVE, OR
INCOMPATIBLE WASTE I1-3
11 . H . LOCATION STANDARDS 11-3
II. I. PREPAREDNESS AND PREVENTION II-4
11. J. CONTINGENCY PLAN 11-6
U.K. MANIFEST SYSTEM II-7
11 . L . RECORDKEEPING AND REPORTING 11-7
II.M. GENERAL CLOSURE REQUIREMENTS 11-7
II.N. GENERAL POST-CLOSURE REQUIREMENTS II-9
II.O. COST ESTIMATE FOR FACILITY CLOSURE [AND
POST-CLOSURE] 11-11
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TABLE OF CONTENTS (Continued)
II.P. FINANCIAL ASSURANCE FOR FACILITY CLOSURE [AND
POST-CLOSURE] 11-11
II.Q. LIABILITY REQUIREMENTS 11-12
II.R. INCAPACITY OF OWNERS OR OPERATORS,
GUARANTORS, OR FINANCIAL INSTITUTIONS
11-12
MODULE III - TREATMENT OF ENERGETIC WASTES III-l
III.A. MODULE HIGHLIGHTS III-l
III.B. PERMITTED AND PROHIBITED WASTE
IDENTIFICATION III-l
III.C. DESIGN, CONSTRUCTION, AND OPERATING
REQUIREMENTS III-l
III.D. HANDLING AND STORAGE REQUIREMENTS III-9
III.E. INSPECTION SCHEDULES AND PROCEDURES 111-10
III.F. PREVENTION OF UNINTENDTED IGNITION OR
REACTION OF WASTES 111-10
III.G. MONITORING REQUIREMENTS 111-10
III.H. FACILITY MODIFICATION/EXPANSION III-ll
III. I. CLOSURE [AND POST-CLOSURE] III-ll
III.J. RECORDKEEPING 111-12
III.K. COMPLIANCE SCHEDULE 111-12
MODULE IV - GROUND-WATER DETECTION MONITORING IV-1
IV.A. MODULE HIGHLIGHTS IV-2
IV.B. WELL LOCATION, INSTALLATION AND CONSTRUCTION..IV-2
IV.C. INDICATOR PARAMETERS AND MONITORING
CONSTITUENTS IV-4
IV. D. SAMPLING AND ANALYSIS PROCEDURES IV-5
IV. E. ELEVATION OF THE GROUND-WATER SURFACE IV-5
IV. F. STATISTICAL PROCEDURES IV-6
IV. G. MONITORING PROGRAM AND DATA EVALUATION IV-8
IV. H. RECORDKEEPING AND REPORTING IV-9
IV. I. ASSURANCE OF COMPLIANCE IV-12
IV. J. SPECIAL REQUIREMENTS IF SIGNIFICANT INCREASES OCCUR
IN VALUES FOR PARAMETERS OR CONSTITUENTSIV-12
IV.K. REQUEST FOR PERMIT MODIFICATION IV-13
G.W.I MAXIMUM CONCENTRATION OF CONSTITUENTS FOR
GROUND-WATER PROTECTION IV-15
G.W.2 SUMMARY OF STATISTICAL PROCEDURES IV-16
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TABLE OF CONTENTS (Continued)
MODULE V - GROUND-WATER COMPLIANCE MONITORING V-l
V.A. MODULE HIGHLIGHTS V-2
V.B. WELL LOCATION, INSTALLATION AND CONSTRUCTION...V-2
V.C. GROUND-WATER PROTECTION STANDARD V-4
V.D. SAMPLING AND ANALYSIS PROCEDURES V-5
V.E. ELEVATION OF THE GROUND-WATER SURFACE V-7
V.F. STATISTICAL PROCEDURES V-7
V.G. MONITORING PROGRAM AND DATA EVALUATION V-7
V.H. REPORTING AND RECORDKEEPING V-8
V.I. ASSURANCE OF COMPLIANCE V-10
V.J. SPECIAL REQUIREMENT IF THE GROUND-WATER
PROTECTION STANDARD IS EXCEEDED V-10
V.K. REQUEST FOR PERMIT MODIFICATION V-ll
MODULE VI - ADDITIONAL PERMIT CONDITIONS VI-1
MODULE VII - CORRECTIVE ACTION FOR REGULATED UNITS VII-1
VII.A. MODULE HIGHLIGHTS VII-2
VII.B. WELL LOCATION, INSTALLATION AND CONSTRUCTION.VII-2
VII.C. GROUND-WATER PROTECTION STANDARD VI1-3
VII.D. CORRECTIVE ACTION PROGRAM VII-4
VII.E. SAMPLING AND ANALYSIS PROCEDURES VII-5
VI I. F. GROUND-WATER SURFACE ELEVATION VI I-6
VII.G. STATISTICAL PROCEDURES VII-6
VI I. H. MONITORING PROGRAM AND DATA EVALUATION VI1-7
VII. I. RECORDKEEPING AND REPORTING VII-8
VII. J. REQUEST FOR PERMIT MODIFICATION VII-9
MODULE VIII - POST-CLOSURE CARE VIII-1
VIII.A. MODULE HIGHLIGHTS VIII-1
VIII.B. UNIT IDENTIFICATION VIII-1
VIII.C. POST-CLOSURE PROCEDURES AND USE OF PROPERTY.VII1-2
VIII.D. INSPECTIONS VIII-5
VIII.E. NOTICES AND CERTIFICATION VIII-5
VIII.F. FINANCIAL ASSURANCE VIII-7
VIII.G. POST-CLOSURE PERMIT MODIFICATIONS VIII-7
MODULE IX - CORRECTIVE ACTION FOR SOLID WASTE MANAGEMENT
UNITS IX-1
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TABLE OF CONTENTS (Continued)
IX.A. MODULE HIGHLIGHTS IX-1
IX. B. CORRECTIVE ACTION REQUIREMENTS IX-1
APPENDIX A - SUMMARY LIST OF PERMIT ATTACHMENTS FROM PERMIT
MODULES I THROUGH IX APPENDIX-1
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I. Introduction and Purpose
The purpose of this Model Permit is to assist permit
writers in preparing Resource Conservation and Recovery Act
(RCRA) hazardous waste management permits for facilities
with open burning and/or open detonation units subject to
the provisions of 40 CFR 264 Subpart X, "Miscellaneous
Units." The document provides recommended language and
format for permit conditions.
The Subpart X regulations are designed to cover
miscellaneous units which are not regulated by Subparts I
through 0. (Subparts I through 0 regulate containers,
tanks, surface impoundments, waste piles, land treatment
units, landfills, and incinerators respectively).
Although many different types of units may be subject to
Subpart X, this document provides guidance on permit
conditions for miscellaneous units that open burn or open
detonate. However, this model can be easily amended and
used as a model for other types of Subpart X units.
Modules I, II, IV, V, VII, and VIII were extracted from
the September 198 8 EPA document, Model RCRA Permit for
Hazardous Waste Management Facilities (Draft); they were
modified as necessary to address reulatory updates and to
apply to Subpart X facilities conducting open burning/open
detonation. Modules III, VI, and XI were developed for
this document and are based in part on EPA regulations in
40 CFR Parts 264 and 270. They are designed to be as
consistent as possible with earlier guidance documents, but
provide additional material where necessary to respond to
the unique requirements of Subpart X.
II. Instructions for Use
In developing a permit for a specific facility, permit
writers should include the permit cover or authorization
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sheet and Modules I (General Permit Conditions), II
(General Facility Conditions) and III (Treatment of
Energetic Wastes). The permit writer should also include
other applicable Modules (e.g. Ground-Water Detection
Monitoring, Post-Closure Care, Corrective Action for
Regulated Units, etc.), omit the others and renumber the
remaining accordingly. In addition, if the facility has
regulated units other than the open burning/open detonation
units (e.g. landfills, waste piles, etc.), the permit
writer should include the appropriate Module(s) from Model
RCRA Permit for Hazardous Waste Management Facilities
(Draft) .
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In addition to recommended permit conditions, the
Modules contain bracketed items that are either: (1)
citations from RCRA/HSWA or RCRA regulations that should
be included in the permit; (2) optional language or
alternatives that require the permit writer to make a
selection; or (3) explanatory notes (in bold type) that give
guidance but should not be included in the permit. The
major HSWA provisions are also identified in each Module
to assist permit writers in deciding which provisions
should be addressed by EPA or State permit writers when a
State is only partially authorized.
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
PERMIT
FOR A HAZARDOUS WASTE MANAGEMENT FACILITY
Permittee Facility
Identification
Number
Permit
Number
Pursuant to the Solid Waste Disposal Act, as amended
by the Resource Conservation and Recovery Act of 1976,
as amended (42 USC 6901 et seq., commonly known as RCRA)
and regulations promulgated thereunder by the U.S.
Environmental Protection Agency (EPA) (codified and to
be codified in Title 40 of the Code of Federal
Regulations) , a Permit is issued to [insert name of the
Permittee] (hereafter called
the Permittee), to operate a hazardous waste [choose
applicable management method: treatment, storage,
and/or disposal] facility located in [insert name of
city and state] , on [insert street
address] , at latitude
and longitude , summarily described as follows:
[Note: The Permit Writer should insert a brief
description of the facility here. This description
should contain the following information: a summary
of the types of waste management units (e.g., open
burning, open detonation) permitted; whether or not
the facility is required to conduct ground-water
monitoring; how closure will be accomplished (e.g.,
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clean closure or closure in place) ; the types of waste
management units that may require post-closure;
whether the facility is or will be taking corrective
action; and whether the Permit includes any compliance
schedules. Note also any special features associated
with the operation and associated permit conditions.]
The Permittee must comply with all terms and conditions
of this Permit. This Permit consists of the
conditions contained herein (including those in any
attachments) and the applicable regulations contained
in 40 CFR Parts 260 through 266, 270, and 124, as
specified in the Permit. Applicable regulations are
those which are in effect on the date of issuance of
the Permit, in accordance with 40 CFR 270.32(c).
This Permit is based on the assumption that the
information submitted in the Part B Permit Application
attached to the Permittee's letter dated , as
modified by subsequent amendments [dated and
], (hereafter referred to as the Application) is
accurate and that the facility will be [constructed
and] operated as specified in the Application.
Any inaccuracies found in the submitted information
may be grounds for the termination, revocation and
reissuance, or modification of this Permit in
accordance with 40 CFR 270.41, 270.42, and 270.43 and
for enforcement action. The Permittee must inform EPA
of any deviation from or changes in the information in
the application which would affect the Permittee's
ability to comply with the applicable regulations or
permit conditions.
This Permit is effective as of , 19 and
shall remain in effect until , 19 unless
revoked and reissued under 40 CFR 270.41, terminated
under 40 CFR 270.43, or continued in accordance with
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270 .51 (a) .
[Note: For land disposal facilities, add the
following condition.]
This Permit shall be reviewed by the Regional
Administrator five years after the date of Permit
issuance or reissuance and shall be modified as
necessary, as provided in 40 CFR 270.41. [40 CFR
270.50(d)]
[Signature]
Date [Insert name and title
of person
authorized to issue the
Permit]
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MODULE I - GENERAL PERMIT CONDITIONS
[Note: This permit module contains the general conditions
required for all RCRA permits by 40 CFR Part 270. This module
must be included in all RCRA Permits, except the following
optional permit conditions: I.E.12, I.E. 14, and I.I.]
[Note: The Permit Writer should refer to the Model RCRA Permit
for Hazardous Waste Management Facilities (Draft) for
additional guidance in developing or reviewing permit
conditions.]
I .A. EFFECT OF PERMIT
The Permittee is allowed to [insert appropriate method:
treat, store, and/or dispose on-site] hazardous waste in
accordance with the conditions of this Permit. Any [storage,
treatment, and/or disposal] of hazardous waste not authorized
in this Permit is prohibited. Subject to 40 CFR 270.4,
compliance with this Permit generally constitutes compliance,
for purposes of enforcement, with Subtitle C of RCRA. Issuance
of this Permit does not convey any property rights of any sort
or any exclusive privilege; nor does it authorize any injury
to persons or property, any invasion of other private rights,
any infringement of state or local law or regulations, or
preclude compliance with any other Federal, State, and/or local
laws and/or regulations governing the treatment and handling
of explosives. Compliance with the terms of this Permit does
not constitute a defense to any order issued or any action
brought under Sections 3008(a), 3008(h), 3013, or 7003 of RCRA;
Sections 106(a), 104 or 107 of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9601 el; seq. , commonly known as CERCLA) , or any other law
providing for protection of public health or the environment.
[40 CFR 270.4, 270.30(g)]
I .B. PERMIT ACTIONS
I.B.I. Permit Modification, Revocation and Reissuance, and
Termination
This Permit may be modified, revoked and reissued, or
terminated for cause, as specified in 40 CFR 270.41,
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270.42, and 270.43. The filing of a request for a permit
modification, revocation and reissuance, or
termination, or the notification of planned changes or
anticipated noncompliance on the part of the Permittee,
does not stay the applicability or enforceability of any
permit condition. [40 CFR 270.4(a) and 270.30(f)]
I.B.2. Permit Renewal
This Permit may be renewed as specified in 40 CFR
270.30(b) and Permit Condition I.E.2. Review of any
application for a Permit renewal shall consider
improvements in the state of control and measurement
technology, as well as changes in applicable
regulations. [40 CFR 270.30(b), HSWA Sec. 212]
I.C. SEVERABILITY
The provisions of this Permit are severable, and if any
provision of this Permit, or the application of any provision
of this Permit to any circumstance is held invalid, the
application of such provision to other circumstances and the
remainder of this Permit shall not be affected thereby. [40 CFR
124.16(a)]
I .D. DEFINITIONS
For purposes of this Permit, terms used herein shall have the
same meaning as those in 40 CFR Parts 124, 260, 264, 266, 268,
and 270, unless this Permit specifically provides otherwise;
where terms are not defined in the regulations or the Permit,
the meaning associated with such terms shall be defined by a
standard dictionary reference or the generally accepted
scientific or industrial meaning of the term. "Regional
Administrator" means the Regional Administrator of EPA Region
, or his designee or authorized representative.
I.E. DUTIES AND REQUIREMENTS
I.E.I. Duty to Comply
The Permittee shall comply with all conditions of this
Permit, except to the extent and for the duration such
noncompliance is authorized by an emergency Permit. Any
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Permit noncompliance, other than noncompliance
authorized by an emergency Permit, constitutes a
violation of RCRA and is grounds for enforcement action;
for Permit termination, revocation and reissuance, or
modification; or for denial of a Permit renewal
application. [40 CFR 270.30(a)]
I. E . 2. Duty to Reapply
If the Permittee wishes to continue an activity allowed
by this Permit after the expiration date of this Permit,
the Permittee shall submit a complete application for a
new Permit at least 180 days prior to Permit expiration.
[40 CFR 270.10(h), 270.30(b)]
I.E.3 . Permit Expiration
Pursuant to 40 CFR 270.50, this Permit shall be effective
for a fixed term not to exceed ten years. As long as EPA
is the Permit-issuing authority, this Permit and all
conditions herein will remain in effect beyond the
Permit's expiration date, if the Permittee has submitted
a timely, complete application (see 40 CFR 270.10, 270.13
through 270.29) and, through no fault of the Permittee,
the Regional Administrator has not issued a new Permit,
as set forth in 40 CFR 270.51.
I.E.4. Need to Halt or Reduce Activity Not a Defense
It shall not be a defense for the Permittee, in an
enforcement action that it would have been necessary, to
halt or reduce the Permitted activity in order to
maintain compliance with the conditions of this Permit.
[40 CFR 270.30(c)]
I.E.5. Duty to Mitigate
In the event of noncompliance with this Permit, the
Permittee shall take all reasonable steps to minimize
releases to the environment and shall carry out such
measures, as are reasonable, to prevent significant
adverse impacts on human health or the environment. [40
CFR 270.30(d)]
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I.E.6 . Proper Operation and Maintenance
The Permittee shall at all times properly operate and
maintain all facilities and systems of treatment and
control (and related appurtenances) which are installed
or used by the Permittee to achieve compliance with the
conditions of this Permit. Proper operation and
maintenance includes effective performance, adequate
funding, adequate operator staffing and training, and
adequate laboratory and process controls, including
appropriate quality assurance/quality control
procedures. This provision requires the operation of
back-up or auxiliary facilities or similar systems only
when necessary to achieve compliance with the conditions
of this Permit. [40 CFR 270.30(e)]
I.E.7. Duty to Provide Information
The Permittee shall furnish to the Regional
Administrator, within a reasonable time, any relevant
information which the Regional Administrator may request
to determine whether cause exists for modifying,
revoking and reissuing, or terminating this Permit, or
to determine compliance with this Permit. The Permittee
shall also furnish to the Regional Administrator, upon
request, copies of records required to be kept by this
Permit. [40 CFR 264.74(a), 270.30(h)]
I. E.8. Inspection and Entry
Pursuant to 40 CFR 270.30(i), the Permittee shall allow
the Regional Administrator, or an authorized
representative, upon the presentation of credentials and
other documents, as may be required by law, to:
I.E.8.a. Enter at reasonable times upon the
Permittee's premises where a regulated
facility or activity is located or
conducted, or where records must be kept
under the conditions of this Permit;
I.E.8.b. Have access to and copy, at reasonable
times, any records that must be kept under
the conditions of this Permit;
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I.E.8.C. Inspect at reasonable times any facilities,
equipment (including monitoring and control
equipment), practices, or operations
regulated or required under this Permit; and
I.E.8.d. Sample or monitor, at reasonable times, for
the purposes of assuring Permit compliance
or as otherwise authorized by RCRA, any
substances or parameters at any location.
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I. E.9. Monitoring and Records
The Regional Administrator may require such testing by
the permittee, and may make such modifications to this
permit, deemed necessary to ensure implementation of new
regulations or requirements, or to ensure protection of
human health and the environment.
I.E.9.a. Samples and measurements taken for the
purpose of monitoring shall be
representative of the monitored activity.
The method used to obtain a representative
sample of the waste to be analyzed must be
the appropriate method from Appendix I of 40
CFR Part 261 or an equivalent method
approved by the Regional Administrator.
Laboratory methods must be those specified
in Test Methods for Evaluating Solid Waste:
Physical/Chemical Methods SW-846, Standard
Methods of Wastewater Analysis, or an
equivalent method, as specified in the Waste
Analysis Plan (See Permit Attachment II-l).
[40 CFR 2 7 0.3 0 (j) (1)]
I.E.9.b. The Permittee shall retain records of all
monitoring information, including all
calibration and maintenance records and all
original strip chart recordings for
continuous monitoring instrumentation,
copies of all reports and records required
by this Permit, the certification required
by 40 CFR 264.73(b)(9), and records of all
data used to complete the application for
this Permit for a period of at least 3 years
from the date of the sample, measurement,
report, record, certification, or
application. These periods may be extended
by request of the Regional Administrator at
any time and are automatically extended
during the course of any unresolved
enforcement action regarding this facility.
[For tanks and land treatment, storage, and
disposal units: The Permittee shall
maintain records from all ground-water
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monitoring wells and associated
ground-water surface elevations for the
active life of the facility, and for
disposal facilities for the post-closure
care period as well. ] [40 CFR 2 64 . 74 (b) and
270.30 (j) (2)] These requirements will
also be applicable to open burning/open
detonation units if ground-water monitoring
is required.
I.E.9.c. Pursuant to 40 CFR 2 7 0.30 (j) (3), records of
monitoring information shall specify:
i. The dates, exact place, and times of
sampling or measurements;
ii. The individuals who performed the
sampling or measurements;
iii. The dates analyses were performed;
iv. The individuals who performed the analyses;
v. The analytical techniques or methods used;
and
vi. The results of such analyses.
I.E.10. Reporting Planned Changes
The Permittee shall give notice to the Regional
Administrator, as soon as possible, of any planned
physical alterations or additions to the Permitted
facility. [40 CFR 270.30(1)(1)]
I.E.11. Reporting Anticipated Noncompliance
The Permittee shall give advance notice to the Regional
Administrator of any planned changes in the permitted
facility or activity which may result in noncompliance
with permit requirements. [40 CFR 270.30(1)(2)]
I.E.12. Certification of Construction or Modification
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[Note: This condition only applies if the facility is
new, modified, or contains, or will contain, new units,
unit expansions, or modified units. Delete this
condition if the Permit is for an existing facility
containing existing units only.]
The Permittee may not commence [insert appropriate
method: treatment, storage, or disposal] of hazardous
waste [insert as appropriate: "at the facility" or "in
the modified portion of the facility"] until the
Permittee has submitted to the Regional Administrator,
by certified mail or hand delivery, a letter signed by
the Permittee and a registered professional engineer
stating that the facility has been constructed or
modified in compliance with the Permit; and
I.E.12.a. The Regional Administrator has inspected
the modified or newly constructed facility
and finds it is in compliance with the
conditions of the Permit; or
I.E.12.b. The Regional Administrator has either
waived the inspection or has not within 15
days notified the Permittee of his intent to
inspect. [40 CFR 270.30(1)(2)]
I.E.13. Transfer of Permits
This Permit is not transferable to any person, except
after notice to the Regional Administrator. The
Regional Administrator may require modification or
revocation and reissuance of the Permit pursuant to 40
CFR 270.40. Before transferring ownership or operation
of the facility during its operating life, the Permittee
shall notify the new owner or operator in writing of the
requirements of 40 CFR Parts 264 and 270 and this Permit.
[40 CFR 270.30(1)(3), 264.12(c)]
I.E.14. Twenty-Four Hour Reporting
I.E.14.a. The Permittee shall report to the Regional
Administrator any noncompliance which may
endanger health or the environment. Any
such information shall be reported orally
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within 24 hours from the time the Permittee
becomes aware of the circumstances. The
report shall include the following:
i. Information concerning release of any
hazardous waste that may cause an
endangerment to public drinking water
supplies.
ii. Any information of a release or discharge of
hazardous waste, or of a fire or explosion
from the hazardous waste management
facility which could threaten the
environment or human health outside the
facility.
I.E.14.b. The description of the occurrence and its
cause shall include:
i. Name, address, and telephone number of the
owner or operator;
ii. Name, address, and telephone number of the
facility;
iii. Date, time, and type of incident;
iv. Name and quantity of materials involved;
v. The extent of injuries, if any;
vi. An assessment of actual or potential hazards
to the environment and human health outside
the facility, where this is applicable; and
vii. Estimated quantity and disposition of
recovered material that resulted from the
incident.
I.E.14.C. A written submission shall also be provided
within five days of the time the Permittee
becomes aware of the circumstances. The
written submission shall contain a
description of the noncompliance and its
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cause; the period(s) of noncompliance
(including exact dates and times); whether
the noncompliance has been corrected; and,
if not, the anticipated time it is expected
to continue; and steps taken or planned to
reduce, eliminate, and prevent recurrence
of the noncompliance. The Regional
Administrator may waive the five-day
written notice requirement in favor of a
written report within 15 days. [40 CFR
270.30 (1) (6) ]
I.E.15. Other Noncompliance
The Permittee shall report all other instances of
noncompliance not otherwise required to be reported
above, Permit Conditions I.E.10. - 15., at the time
monitoring reports are submitted. The reports shall
contain the information listed in Permit Condition
I.E.14 [40 CFR 270.30(1) (10)]
I.E.16. Other Information
Whenever the Permittee becomes aware that it failed to
submit any relevant facts in the Permit application, or
submitted incorrect information in a Permit application
or in any report to the Regional Administrator, the
Permittee shall promptly submit such facts or
information. [40 CFR 270.30(1)(11)]
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I . F. SIGNATORY REQUIREMENT
All applications, reports, or information submitted to or
requested by the Regional Administrator, his designee, or
authorized representative, shall be signed and certified in
accordance with 40 CFR 270.11 and 270.30(k).
I .G. REPORTS, NOTIFICATIONS, AND SUBMISSIONS TO THE REGIONAL
ADMINISTRATOR
All reports, notifications, or other submissions which are
required by this Permit to be sent or given to the Regional
Administrator should be sent by certified mail or given to:
[Note: Provide the address and telephone number of the
Regional Administrator or appropriate Regional Division
Director.]
I .H. CONFIDENTIAL INFORMATION
In accordance with 40 CFR 270.12, the Permittee may claim
confidential any information required to be submitted by this
Permit.
I.I. DOCUMENTS TO BE SUBMITTED PRIOR TO OPERATION
[Note: Include here: (1) requirements to submit any
documents not complete or ready at time of Permit issuance
(e.g., an updated Contingency Plan) and (2) the schedules for
such submissions.]
1. The Permittee shall submit the following documents to the
Regional Administrator by the dates shown:
Document Due Date
2. Prior to operation, the Permittee shall submit as-built
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plans of the [insert units for which plans must be
submitted] . At a minimum, these plans shall
indicate:
[Note: Insert any items which should be included on the
as-built plans. For example, for a container storage area, the
as-built plans should include: (1) the dimensions of each
storage bay; (2) stacking arrangements for containers; and (3)
aisle space in each bay.] [40 CFR 270.32, 270.33]
I.J. DOCUMENTS TO BE MAINTAINED AT THE FACILITY
The Permittee shall maintain at the facility, until closure is
completed and certified by an independent, registered
professional engineer, the following documents and all
amendments, revisions and modifications to these documents:
1. Waste Analysis Plan, as required by 40 CFR 264 .13 and this
Permit.
2. Inspection schedules, as required by 40 CFR 264.15(b) (2)
and this Permit.
3. Personnel training documents and records, as required by
40 CFR 264.16(d) and this Permit.
4. Contingency Plan, as required by 40 CFR 264.53(a) and
this Permit.
5. Operating record, as required by 40 CFR 264.73 and this
Permit.
6. Closure Plan, as required by 40 CFR 264.112(a) and this
Permit.
[Note: Under 40 CFR 264.197(c), 264.228(c) and
264.258(c), owners and operators of certain tanks,
surface impoundments and waste piles must have
Contingent Closure Plans. If the Permit will require
the Permittee to have a Contingent Closure Plan, then add
the plan to this list.]
7. Post-Closure Plan, as required by 40 CFR 264.118(a) and
this Permit.
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[Note: Only owners and operators of disposal units are
required to have Post-Closure Plans. Under 40 CFR
264.197(c), 264.228(c) and 264.258(c), owners and
operators of certain tanks, surface impoundments, waste
piles, and miscellaneous units must have Contingent
Post-Closure Plans. If the Permit Writer or the
Permittee believe that clean closure can not be achieved,
than these requirements may also be applicable to open
burning/open detonation units. If the Permit will
require the Permittee to have a Contingent Post-Closure
Plan, then add the plan to this list.]
Annually-adjusted cost estimate for facility closure
[and post-closure], as required by 40 CFR 264.142(d)
[and 264.144(d)] and this Permit.
All other documents required by Module I, Permit
Condition E.9 [insert as appropriate: and Modules
, Permit Conditions ] .
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MODULE II
- GENERAL FACILITY CONDITIONS
[Note: This permit module contains conditions covering the
general facility requirements of 40 CFR Part 264 , Subparts B - H.
This module must be included in all RCRA Permits, except that
the following Permit conditions are optional: II.B.l, II.B.2,
II.G, II.H, II.1.1, II.1.2, II.I.3, II.I.4, II.K, and II.N.]
[Note: The Permit Writer should refer to the Model RCRA Permit
for Hazardous Waste Management Facilities (Draft) for
additional guidance in developing or reviewing permit
conditions.]
II.A. DESIGN AND OPERATION OF FACILITY
The Permittee shall construct, maintain and operate the
facility to minimize the possibility of a fire, explosion, or
any unplanned, sudden or nonsudden release of hazardous waste
constituents to air, soil, or surface water which could threaten
human health or the environment, as required by 40 CFR 264.31.
II.B. REQUIRED NOTICES
[Note: Permit Condition B.l should be included in the Permit
only if the facility receives waste from a foreign source.
Permit Condition B.2 should be included in the Permit only if
the facility receives waste from off site. If Permit Condition
B.l is inapplicable, the Permit should specify that the
Permittee may not receive hazardous waste from a foreign source.
Similarly, if Permit Condition B.2 is inapplicable, the Permit
should specify that the Permittee may not receive hazardous
waste from off site.]
II.B.l. Hazardous Waste Imports
The Permittee shall notify the Regional Administrator
in writing at least four weeks in advance of the date
the Permittee expects to receive hazardous waste from
a foreign source, as required by 40 CFR 264.12(a).
Notice of subsequent shipments of the same waste from
the same foreign source in the same calendar year is
not required.
II.B.2. Hazardous Waste from Off-Site Sources
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When the Permittee is to receive hazardous waste from
an off-site source (except where the Permittee is also
the generator), he must inform the generator in
writing that he has the appropriate Permits, and will
accept the waste the generator is shipping. The
Permittee must keep a copy of this written notice as
part of the operating record. [40 CFR 264.12(b)]
II.C. GENERAL WASTE ANALYSIS
The Permittee shall follow the waste analysis procedures
required by 40 CFR 264.13, as described in the attached Waste
Analysis Plan, Permit Attachment II-l. The Permittee shall
verify the analysis of each waste stream annually as part of
its quality assurance program, in accordance with Test Methods
for Evaluating Solid Waste: Physical/Chemical Methods, EPA
Publication SW-846, or equivalent methods approved by the
Regional Administrator. At a minimum, the Permittee shall
maintain proper functional instruments, use approved sampling
and analytical methods, verify the validity of sampling and
analytical procedures, and perform correct calculations. If
the Permittee uses a contract laboratory to perform analyses,
then the Permittee shall inform the laboratory in writing that
it must operate under the waste analysis conditions set forth
in this Permit.
[Note: The waste analysis plan included in the Part B Permit
Application should be attached to the Permit. As applicable,
the plan must cover the requirements of 40 CFR 264.17, 264.177,
264.198, 264.199, 264.229, 264.230, 264.256, 264.257, 264.272,
264.276, 264.281, 264.282, 264.312, 264.313, 264.314, 264.316,
and 264.341.]
II.D. SECURITY
The Permittee shall comply with the security provisions of 40
CFR 2 64.14(b) [select either (1) or (2) based upon the
information in the Part B Permit Application] and (c) and Permit
Attachment I1-2.
[Note: Specific security provisions should be included in the
Permit, if necessary, to ensure compliance with 40 CFR
264.14(b). In addition, specific security provisions needed to
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implement the performance standard in 264.14(a) should be
included in the Permit. For example, the following items
should be included in the security provisions and equipment for
open burning/open detonation units: (a) a 24-hour security
system that includes fences or guards, or alarms or locked
areas, or location within a larger secured or otherwise
inaccessible area or combinations of the above. (b)
"DANGER - KEEP OUT' signs posted on all sides of the open
burning/open detonation area. (c) controlled entry and number
of personnel in the open burning/open detonation area. (d) 'NO
ENTRY' signs posted during actual operations. If the Permittee
successfully demonstrates, in accordance with 40 CFR 264 .14 (a) ,
that the security requirements in 264.14(b) and (c) are not
necessary, a security permit condition is not needed. This
demonstration must be documented in the Administrative Record. ]
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II.E. GENERAL INSPECTION REQUIREMENTS
The Permittee shall follow the inspection schedule set out in
Permit Attachment 11-3. The Permittee shall remedy any
deterioration or malfunction discovered by an inspection, as
required by 40 CFR 264.15(c). Records of inspection shall be
kept, as required by 40 CFR 264.15(d).
[Note: The inspection schedules included in the Part B Permit
Application should be attached to the Permit. As applicable,
the specific inspection requirements of 40 CFR 264.174,
264.193(i), 264.195, 264.226(b), 264.254(b), 264.273(g),
264.303(b) , 264.347 (b) and (c) must be covered by the attached
schedules.]
II.F. PERSONNEL TRAINING
The Permittee shall conduct personnel training, as required by
40 CFR 264.16. This training program shall follow the attached
outline, Permit Attachment I1-4. The Permittee shall maintain
training documents and records, as required by 40 CFR 264.16(d)
and (e).
[Note: The outline of personnel training included in the Part
B Permit Application should be attached to the Permit. It must
demonstrate how the Permittee will comply with 264.16.]
II.G. SPECIAL PROVISIONS FOR IGNITABLE, REACTIVE, OR
INCOMPATIBLE WASTE
[Note: This condition should be included in the Permit only
if the facility handles ignitable, reactive, or incompatible
wastes.]
The Permittee shall comply with the requirements of 40 CFR
264.17(a). The Permittee shall follow the procedures for
handling ignitable, reactive, and incompatible wastes set forth
in Permit Attachment I1-5.
[Note: Permits must include specific handling procedures
tailored to the types of hazardous wastes to be treated, stored,
or disposed at the facility and the types of units in which the
wastes will be handled. The procedures described by the
Permittee in the Part B Permit Application should be attached
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to the Permit. In addition, permit conditions specific to the
units will be specified in the appropriate module of the Permit.
Typically, these precautions are included in existing
documents, such as SOP's, utilized by site operators.]
II.H. LOCATION STANDARDS
[Note: EPA is preparing guidance on locating hazardous waste
management facilities in sensitive locations, such as karst
terrain. If a facility will be located in a sensitive area,
the Permit Writer can insert permit conditions deemed necessary
to protect human health and the environment. For example, more
frequent facility inspections, special operating restrictions,
or construction of thicker floors or liners could be required.
Such permit conditions are authorized by 40 CFR 270.3,
270.32(a), and 270.32(b)(2).]
[Note: For facilities located in a 100-year floodplain, the
Permit must either set forth conditions by which the Permittee
will meet the requirements of 40 CFR 264.18(b) or contain a
compliance schedule (see 40 CFR 270.14(b)(11)(v) and 270.33).
These requirements do not apply to existing surface
impoundments, waste piles, land treatment units, landfills, and
open burning/open detonation units if the Permittee has
demonstrated, in accordance with 40 CFR 264.18(b) (1) (ii) , that
there will be no adverse effects on human health or the
environment from washout. This demonstration must be
documented in the Administrative Record. If the facility is
not located in a 100-year floodplain, the Permit Writer should
delete this provision from the Permit and re-letter subsequent
provisions accordingly (i.e., I becomes H).
Example permit conditions are provided below. The first
condition should be placed in the Permit only if the Permittee
will use flood proofing and/or flood protection measures to
prevent washout during a 100-year flood. The second condition
should be included in the Permit only if the Permittee will
implement procedures to remove the waste from the facility prior
to arrival of 100-year flood waters.]
The Permittee shall [construct,] operate, and maintain the
facility to prevent washout of any hazardous waste by a 100-year
flood, as required by 40 CFR 264.18(b) (1) and as specified in
the attached plans and specifications, Permit Attachment II-6.
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In the event of a 100-year flood, the Permittee shall remove
all hazardous waste, before flood waters can reach the facility,
to a location where the wastes will not be vulnerable to the
flood waters, as required by 40 CFR 264.18(b)(1)(i) and in
accordance with the attached 100-year flood response
procedures, Permit Attachment I1-7.
II.I. PREPAREDNESS AND PREVENTION
[Note: If the Permittee requests a waiver from the
preparedness and prevention requirements, a justification for
this request must be included in the permit application as
specified in 40 CFR 270.14 (b)(6).]
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II. 1.1.
Required Equipment
At a minimum, the Permittee shall maintain at the
facility the equipment set forth in the Contingency
Plan, Permit Attachment II-8, as required by 40 CFR
264 . 32 .
[Note: The list of equipment required by 264.52(e)
to be in the Contingency Plan must meet the
requirements of 264.32. If the Permittee has
successfully demonstrated, in accordance with 40 CFR
264 .32, that any of the equipment is not required, the
decision should be documented in the Administrative
Record and Permit Condition II.I.1 should be
deleted.]
11.1.2. Testing and Maintenance of Equipment
The Permittee shall test and maintain the equipment
specified in Permit Condition II.1.1, as necessary,
to assure its proper operation in time of emergency,
as required by 40 CFR 264.33.
[Note: Specific testing and maintenance procedures
needed to implement this condition should be included
in the inspection schedule, Permit Condition II.E.]
11.1.3. Access to Communications or Alarm System
The Permittee shall maintain access to the
communications or alarm system, as required by 40 CFR
264.34.
[Note: If the Permittee has successfully
demonstrated that such a device is not required under
40 CFR 264.32, the decision should be documented in
the Administrative Record and Permit Condition 1.3
should be deleted.]
11.1.4. Required Aisle Space
At a minimum, the Permittee shall maintain aisle
space, as required by 40 CFR 264.35 and the attached
plans and specifications, Permit Attachment II-8A.
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[Note: If the Permittee has successfully
demonstrated that aisle space is not needed, the
decision should be documented in the Administrative
Record. The "plans and specifications" to be
referenced here generally will be the design plans and
specifications for the hazardous waste management
units.]
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II.I.5. Arrangements with Local Authorities
The Permittee shall maintain arrangements with state
and local authorities, as required by 40 CFR 264.37.
If state or local officials refuse to enter into
preparedness and prevention arrangements with the
Permittee, the Permittee must document this refusal
in the operating record.
II.J. CONTINGENCY PLAN
[Note: The Permit Writer should assure the following factors
of particular importance for open burning/open detonation units
are addressed. 1) plans for the emergency coordinator to
immediately identify the character, exact source, amount and
extent of any fire, explosion or release. 2) the emergency
coordinator's assessment of possible hazards to human health
or the environment that may result from the explosion, fire or
release ( the quantity of explosives in the area of a fire will
be critical to determining what response activities can be
undertaken safely). 3) the emergency coordinator must
determine whether the extent of the explosion, fire or release
could threaten human health or the environment outside the
facility so that local authorities can be notified to take
appropriate action.]
II.J.1. Implementation of Plan
The Permittee shall immediately carry out the
provisions of the Contingency Plan, Permit Attachment
II-8, whenever there is a fire, explosion, or
release of hazardous waste or constituents which
could threaten human health or the environment.
[Note: The contingency plan included in the Part B
Permit Application should be attached to the Permit.
As applicable, the plan must cover the requirements
of 40 CFR 264.200, and 264.227(c).]
II.J.2. Copies of Plan
The Permittee shall maintain a copy of the Contingency
Plan at the facility and shall provide a copy to all
police departments, fire departments, hospitals, and
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State and local emergency response teams that may be
asked to provide emergency assistance, as required by
40 CFR 264.53.
II.J.3. Amendments to Plan
The Permittee shall review and immediately amend, if
necessary, the Contingency Plan, as required by 40 CFR
264.54 .
II.J.4. Emergency Coordinator
A trained emergency coordinator shall be available at
all times in case of an emergency, as required by 40
CFR 264.55.
[Note: For new facilities, add the following
sentence to Permit Condition II.J.4.]
The names, addresses, and phone numbers of all persons
qualified to act as emergency coordinators shall be
supplied to the Regional Administrator at the time of
certification. [40 CFR 264.52(d)].
U.K. MANIFEST SYSTEM
The Permittee shall comply with the manifest requirements of
40 CFR 264.71, 264.72, and 264.76.
[Note: This condition should be included in the Permit only
if the facility accepts off-site waste.]
II.L. RECORDKEEPING AND REPORTING
In addition to the recordkeeping and reporting requirements
specified elsewhere in this Permit, the Permittee shall do the
following:
II.L.l. Operating Record
The Permittee shall maintain a written operating
record at the facility, in accordance with 40 CFR
264.73.
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II.L.2. Biennial Report
The Permittee shall comply with the biennial
reporting requirements of 40 CFR 264.75.
II.M. GENERAL CLOSURE REQUIREMENTS
[Note: Owners and operators of certain tank systems, surface
impoundments, waste piles, and open burning/open detonation
units are required to have contingent closure plans by 40 CFR
264.197(c), 264.228(c), and 264.258(c), respectively. For
Permits for these facilities, insert "Contingent Closure Plan"
after Closure Plan and append the Contingent Closure Plan as
Permit Attachment 11-10. Be sure to renumber subsequent
attachments.]
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II.M.1.
Performance Standard
The Permittee shall close the facility, as required
by 40 CFR 264.111 and in accordance with the Closure
Plan, Permit Attachment II-9.
[Note: The Closure Plan must meet the requirements
of 40 CFR 264.112(a) and (b). The specific closure
requirements of 264.178, 264.197, 264.228, 264.258,
264.280, 264.310, and 264 .351 also must be covered by
the attached plan.]
II.M.2. Amendment to Closure Plan
The Permittee shall amend the Closure Plan, in
accordance with 40 CFR 264.112(c), whenever
necessary.
II.M.3. Notification of Closure
The Permittee shall notify the Regional Administrator
in writing at least 60 days prior to the date on which
he expects to begin closure of any of the following:
[insert as appropriate: surface impoundment, waste
pile, land treatment unit, landfill, or open
burning/open detonation unit] or final closure of the
facility, as required by 40 CFR 264.112(d).
[Note: Permit Condition II.M.3 should be used for
facilities using surface impoundments, waste piles,
land treatment units, landfills, or open burning/open
detonation units. For facilities using only tanks,
containers, or incinerators, substitute the
following condition.]
The Permittee shall notify the Regional Administrator
in writing at least 45 days prior to the date on which
he expects to begin final closure of the facility, as
required by 40 CFR 264.112(d).
II.M.4. Time Allowed For Closure
After receiving the final volume of hazardous waste,
the Permittee shall treat, remove from the unit or
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facility, or dispose of on site all hazardous waste
and shall complete closure activities, in accordance
with 40 CFR 264.113 and the schedules specified in the
Closure Plan, Permit Attachment II-9.
[Note: If the Permittee is granted a longer time
frame for treating, removing, or disposing of waste
or for completing closure activities, the basis for
granting the extra time must be documented in the
Administrative Record.]
II.M.5. Disposal or Decontamination of Equipment,
Structures, and Soils
The Permittee shall decontaminate [and/or] dispose of
all contaminated equipment, structures, and soils, as
required by 40 CFR 264.114 and the Closure Plan,
Permit Attachment II-9.
II.M.6. Certification of Closure
The Permittee shall certify that the facility has been
closed in accordance with the specifications in the
Closure Plan, as required by 40 CFR 264.115.
II.M.7. Survey Plat
The Permittee shall submit a survey plat no later than
the submission of certification of closure of each
hazardous waste disposal unit, in accordance with 40
CFR 264.116.
[Note: This Permit condition should be included only
if the facility contains hazardous waste disposal
units.]
II.N. GENERAL POST-CLOSURE REQUIREMENTS
[Note: Owners and operators of certain tank systems, surface
impoundments, and waste piles are required to have contingent
post-closure plans by 40 CFR 264.197(c), 264.228(c), and
264.258(c), respectively. For open burning/open detonation
facilities, these requirements may also be applicable if the
Permit Writer or the Permittee believe that clean closure can
not be achieved. For Permits for these facilities, insert
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"Contingent Post-Closure Plan" after Post-Closure Plan and
append the Contingent Post-Closure Plan as Permit Attachment
11-12. Be sure to renumber subsequent attachments.]
II.N.l. Post-Closure Care Period
The Permittee shall begin post-closure care for each
[insert as appropriate: tank system, surface
impoundment, waste pile, land treatment unit,
landfill] after completion of closure of the unit and
continue for 30 years after that date. Post-closure
care shall be in accordance with 40 CFR 264.117 and
the Post-Closure Plan, Permit Attachment 11-11.
[Note: The Post-Closure Plan included in the Part B
Permit Application should be attached to the Permit.
It must meet the requirements of 40 CFR 264 .118 (a) and
(b). The specific post-closure requirements of
264.197, 264.228, 264.258, 264.280, and 264.310 also
must be covered by the attached plan.]
II.N.2. Post-Closure Security
The Permittee shall maintain security at the facility
during the post-closure care period, in accordance
with the Post-Closure Plan, Permit Attachment 11-11,
and 40 CFR 264.117(b).
[Note: This condition should be included in the
Permit only if hazardous wastes may remain exposed
after completion of closure, or access by the public
or domestic livestock may pose a hazard to human
health.]
II.N.3. Amendment to Post-Closure Plan
The Permittee shall amend the Post-Closure Plan in
accordance with 40 CFR 264.118(d), whenever
necessary.
II.N.4. Post-Closure Notices
II.N.4.a. No later than 60 days after certification of
closure of each hazardous waste disposal
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unit, the Permittee shall submit records of
the type, location, and quantity of
hazardous waste disposed within each cell or
disposal unit, in accordance with 40 CFR
264.119(a).
II.N.4.b. Within 60 days of certification of closure
of the first hazardous waste disposal unit
and the last hazardous waste disposal unit,
the Permittee shall do the following:
i. Record a notation on the deed to the facility
property, in accordance with 40 CFR
264.119(b)(1).
ii. Submit a certification that a notation, in
accordance with 40 CFR 264.119(b)(2), has been
recorded.
II.N.4.C. The Permittee shall request and obtain a
Permit modification prior to post-closure
removal of hazardous wastes, hazardous
waste residues, liners, or contaminated
soils, in accordance with 40 CFR 264 .119 (c) .
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II.N.5. Certification of Completion of Post-Closure Care
The Permittee shall certify that the post-closure
care period was performed in accordance with the
specifications in the Post-Closure Plan, as required
by 40 CFR 264.120.
II.0. COST ESTIMATE FOR FACILITY CLOSURE [AND POST-CLOSURE]
II.0.1. The Permittee's most recent closure [insert as
applicable "and post-closure"] cost estimate,
prepared in accordance with 40 CFR 264.142 264.144,
264.197(c)(3) and (5), 2 64.228(c)(2), and
264.258(c)(2], [is/are] specified in Permit
Attachment 11-11.
II.0.2. The Permittee must adjust the closure [and
post-closure] cost estimate for inflation within 60
days prior to the anniversary date of the
establishment of the financial instrument(s) used to
comply with 40 CFR 264.143 [and 264.145] and Permit
Condition II.P or when using an approved
state-required mechanism, upon such date as required
by the state. [40 CFR 264.142(b)]
[Note: If the Permittee is using the financial test
or corporate guarantee, substitute the following
condition.]
The Permittee must adjust the closure cost estimate
[and post-closure cost estimate] for inflation within
30 days after the close of the firm's fiscal year and
before submission of updated information to the
Regional Administrator, as specified in 40 CFR
264.142(b) [and 264.144(b)].
II.0.3. The Permittee must revise the closure cost estimate
[and post-closure cost estimate] whenever there is a
change in the facility's Closure Plan [and
Post-Closure Plan], as required by 40 CFR 264.142(c)
[and 264.144(c)].
II.0.4. The Permittee must keep at the facility the latest
closure cost estimate [and post-closure cost
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estimate] as required by 40 CFR 264.142(d) [and
264.144(d)].
II.P. FINANCIAL ASSURANCE FOR FACILITY CLOSURE [AND
POST-CLOSURE]
The Permittee shall demonstrate continuous compliance with 40
CFR [insert as appropriate 264.143, 264.145, 264.146] by
providing documentation of financial assurance, as required by
40 CFR 264.151 or 264.149, in at least the amount of the cost
estimates required by Permit Condition II.0. Changes in
financial assurance mechanisms must be approved by the Regional
Administrator pursuant to 40 CFR 264.143 [,264.145] or 264.149.
[Note: For new facilities, the Permittee shall demonstrate
compliance with this permit condition by submitting the
required documentation to the Regional Administrator at least
60 days before first receiving hazardous waste for treatment,
storage or disposal. [See, for example, 40 CFR 264 .143 (a) (1) . ]
The Permittee's financial assurance must be effective prior to
the Permittee's first receipt of hazardous waste.]
II.Q. LIABILITY REQUIREMENTS
The Permittee shall demonstrate continuous compliance with the
requirement of 40 CFR 264 .147 (a) to have and maintain liability
coverage for sudden and accidental occurrences in the amount
of at least $1 million per occurrence, with an annual aggregate
of at least $2 million, exclusive of legal defense costs.
[Note: For facilities containing surface impoundments,
landfills, and land treatment units, add the following
condition.]
The Permittee also shall demonstrate continuous compliance with
the 40 CFR 264.147 (b) requirement to have and maintain liability
coverage for nonsudden accidental occurrences in the amount of
at least $3 million per occurrence, with an annual aggregate
of at least $6 million, exclusive of legal defense costs.
[Note: The Regional Administrator may grant a variance from
the above levels of financial responsibility in accordance with
40 CFR 264.147(c) and (d). For new facilities, the Permittee
shall demonstrate its compliance with this permit condition by
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submitting the required documentation to the Regional
Administrator at least 60 days before first receiving hazardous
waste for treatment or storage. The Permittee's liability
coverage must be effective before the Permittee's first receipt
of hazardous waste.]
II.R. INCAPACITY OF OWNERS OR OPERATORS, GUARANTORS, OR
FINANCIAL INSTITUTIONS
The Permittee shall comply with 40 CFR 264.148, whenever
necessary.
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PERMIT ATTACHMENTS REFERENCED IN MODULE II -
GENERAL FACILITY CONDITIONS
This list is provided to assist the Permit Writer in checking
that all Permit Attachments referenced in this module are
attached to the Permit. The purpose of the numbering scheme used
here is to facilitate cross-walking with the model permit
conditions. The Permit Writer may select other numbering
schemes, as appropriate, when preparing actual Permits.
Permit Attachment No,
II-l
11-2
11-3
11-4
11-5
11- 6
11-7
Procedures
II-8
II-8A
II-9
11-10
11-11
11-12
11-13
11-14
Plan or Document
^from the Part B Permit Application)
Waste Analysis Plan
Security Plan
Inspection Schedule
Personnel Training Outline
Procedures for Handling
Ignitable, Reactive, or
Incompatible Waste
Flood Proofing/Flood Protection
Plans and Specifications
100-Year Flood Response
Contingency Plan
Plans and Specifications showing
the spacing of aisles
Closure Plan
Contingent Closure Plan
Post-Closure Plan
Contingent Post-Closure Plan
Closure Cost Estimate
Post-Closure Cost Estimate
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MODULE III - TREATMENT OF ENERGETIC WASTES
III.A. MODULE HIGHLIGHTS
[The Permit Writer should include a general discussion of the
activities covered by this module. The discussion should
contain the following information: description of the units,
general types and amount of wastes treated, traffic
restrictions, any special or unique features associated with
the units, and a reference to any special permit conditions.]
Ill.B. PERMITTED AND PROHIBITED WASTE IDENTIFICATION
11 I.B.I. The Permittee may [open burn or open
detonate] the following wastes subject to the terms
of this permit and as described below:
Type of Description Description of Hazardous
Allowed
unit of unit Hazardous Waste No. Quantity
Waste
[Open Unit consists Scrap powder D003 100
lbs./event;
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burning
lbs./yr.
of a steel 10'
20,000
by 3'pan on a
15'by 15'
concrete pad.]
111. B . 2 . The Permittee is prohibited from treating hazardous
waste that is not identified in Permit Condition
III.B.I. [Note: The Permit Writer may wish to
include a specific list of wastes or materials that
are prohibited. Open burning of all non-explosive
wastes is prohibited. Other prohibited wastes
could include: infectious wastes, lethal or
incapacitating chemical and biological munitions
and their residues, or contaminated packaging
wastes containing radioactive materials.]
Ill.C. DESIGN, CONSTRUCTION, AND OPERATING REQUIREMENTS
[This Section includes requirements for open burning in
containment devices, open burning on a pad, open detonation on
the ground, and open detonation in a pond. The Permit Writer
should include only applicable sections when drafting the
Permit. In addition, design and construction requirements
would apply only to proposed units.]
III-xlvi
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III.C.l Open Burning in a Containment Device
[Note: this section would cover processing in trays,
pans, cages, or other enclosures. Trays and pans are
typically elevated and used in conjunction with a cement
pad or some other type of liner to protect the surrounding
ground surface.]
III.C.1.1 The Permittee shall design and construct an
open burning device in accordance with the
design plans and specifications contained in
Permit Attachment II1-2. [Note: The
application should contain detailed
discussion of the physical characteristics,
materials of construction, dimensions of the
unit, engineering drawings of the unit,
description of the liner material below the
device, minimum safe distances, etc.]
III.C.l.2 The Permittee shall operate and maintain the
open burning device in accordance with the
operating procedures contained in Permit
Attachment III-l. [Note: The application
should include detailed standard operating
procedures (SOP) that specify how the wastes
are to be treated. The SOP should discuss
loading/unloading procedures, how waste is to
be.placed in the unit, the amount to be burned
per event, how the waste will be ignited,
III-xlvii
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duration between burns, number of burns per
day, ash/residue management, misfire
procedures, and any other relevant
information on procedures that could affect
the quantity, quality, duration, or frequency
of releases to the environment.]
III.C.1.3 The Permittee shall [design, construct,]
operate and maintain leak detection equipment
in accordance with the [design plans,
specifications and] operating practices
contained in Permit Attachment (s) 111- [2] 3.
[Note: This condition applies only to
facilities with leak detection equipment.
The permit application should specify the
items/equipment used, their function, types
of materials, dimensions and applicable
engineering properties, and any other
relevant information on procedures that could
affect the quantity, quality, duration, or
frequency of releases to the environment.]
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III.C.1.4 The Permittee shall [design, construct,]
operate and maintain a precipitation cover in
accordance with the [design plans,
specifications and] operating practices
contained in Permit Attachment(s) 111- [2] 3.
[Note: If the facility uses a precipitation
cover, the application/SOP should address use
of the cover during nonoperational periods,
its dimensions, materials of construction, or
other information that could affect
infiltration during non-operational periods
or the quantity, quality, duration, or
frequency of releases to the environment.]
III.C.1.5 The Permittee shall manage accumulated
precipitation in accordance with Permit
Attachment II1-3. [Note: The application
should discuss if/how precipitation will be
collected, how it will be sampled and
analyzed, how it will be managed/treated, or
other information that could affect
infiltration during nonoperational periods or
the quantity, quality, duration, or frequency
of releases to the environment.]
III.C.1.6 The Permittee shall [design, construct]
operate and maintain the open burning unit in
order to minimize air emissions or exposure of
people (onsite or offsite) to toxic or
III-xlix
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hazardous emissions in accordance with Permit
Attachment (s) III-l [2] 5 [and/or the
following permit conditions: ] [Note: The SOP
should contain any meteorological
restrictions on burning (e.g., wind speed,
humidity). Any restrictions imposed by the
Permit Writer which are not addressed in the
SOP should be specified in this condition.]
III.C.1.7 The Permittee shall [design, construct]
operate and maintain the open burning unit in
order to minimize noise in accordance with
Permit Attachment(s) III-[2] 6 [and/or the
following permit conditions:] [Note: Noise
issues usually pertain only to open
detonation, but may also apply to open burning
of large unit wastes such as rocket motors.
If noise is a potential problem at the
facility, design and operating procedures to
minimize noise (such as wind direction,
allowable operating times, sound buffers,
etc.) should be addressed in the application.
Such provisions should be consistent with any
applicable State regulations.]
III. C. 1.8 Ash/residues from the open burning unit shall
be managed in accordance with Permit
Attachment II1-4 [and/or the following permit
conditions:] [Note: The application should
III-l
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address how ash/residues from the unit will be
managed, including how/when they will be
collected from the unit and the surrounding
area, how they will be sampled and analyzed,
how/where they will be stored, methods to
control wind dispersal, and any other relevant
information on procedures that could affect
the quantity, quality, duration, or frequency
of releases to the environment.]
III.C.2 Open Burning On A Pad
[This section applies to open burning conducted on a pad
on the ground surface. The pads are typically bermed,
are constructed of clay, cement, metal, etc. , and may or
may not have some type of liner surrounding the unit.]
III.C.2.1 The Permittee shall design and construct an
open burning pad in accordance with the design
plans and specifications contained in Permit
Attachment II1-2. [Note: The application
should contain detailed discussion of the
physical characteristics, materials of
construction, dimensions of the pad,
engineering drawings of the pad, minimum safe
distances, etc.]
III.C.2.2 The Permittee shall operate and maintain the
open burning pad in accordance with the
III— 1 i
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operating procedures contained in Permit
Attachment III-l. [Note: The application
should include detailed standard operating
procedures (SOP) that specify how the wastes
are to be treated. The SOP should discuss
loading/unloading procedures, how waste is to
be.placed in the unit, the amount to be burned
per event, how the waste will be ignited,
duration between burns, number of burns per
day, ash/residue management, misfire
procedures, and any other relevant
information on procedures that could affect
the quantity, quality, duration, or frequency
of releases to the environment.]
III.C.2.3 The Permittee shall [design, construct,]
operate and maintain a precipitation cover in
accordance with the [design plans,
specifications and] operating practices
contained in Permit Attachment(s) III-l [2] .
[Note: If the facility uses a precipitation
cover, the application/SOP should address use
of the cover during nonoperational periods,
its dimensions, materials of construction, or
other information that could affect
infiltration during nonoperational periods or
the quantity, quality, duration, or frequency
of releases to the environment.]
III-l ii
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III.C.2.4 The Permittee shall manage accumulated
precipitation in accordance with Permit
Attachment II1-3. [Note: The application
should discuss if/how precipitation will be
collected, how it will be sampled and
analyzed, how it will be managed/treated, or
other information that could affect
infiltration during nonoperational periods or
the quantity, quality, duration, or frequency
of releases to the environment.]
III.C.2.5 The Permittee shall [design, construct]
operate and maintain the open burning pad in
order to minimize air emissions or exposure of
people (onsite or offsite) to toxic or
hazardous emissions in accordance with Permit
Attachment III-l [2] 5 [and/or the following
permit conditions:] [Note: The SOP should
contain any meteorological restrictions on
burning (e.g., wind speed, humidity). Any
restrictions imposed by the Permit Writer
which are not addressed in the SOP should be
specified in this condition.]
III.C.2.6 The Permittee shall [design, construct]
operate and maintain the open burning pad in
order to minimize noise in accordance with
Permit Attachment III-[2] 6 [and/or the
following permit conditions:] [Note: Noise
III-liii
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issues usually pertain only to open
detonation, but may also apply to open burning
of large unit wastes such as rocket motors.
If noise is a potential problem at the
facility, design and operating procedures to
minimize noise (such as wind direction,
allowable operating times, sound buffers,
etc.) should be addressed in the application.
Such provisions should be consistent with any
applicable State regulations.]
III.C.2.7 Ash/residues from the open burning pad shall
be managed in accordance with Permit
Attachment II1-4 [and/or the following permit
conditions:] [Note: The application should
address how ash/residues from the pad will be
managed, including how/when they will be
collected from the pad and the surrounding
area, how they will be sampled and analyzed,
how/where they will be stored, methods to
control wind dispersal, and any other relevant
information on procedures that could affect
the quantity, quality, duration, or frequency
of releases to the environment.]
III.C.3 Open Detonation On/In The Ground
[This section covers open detonation in or on the ground
surface. The open detonation area may be one large area
III-liv
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or may consist of several smaller areas. The detonation
areas may or may not be bermed.]
III.C.3.1 The Permittee shall design and construct an
open detonation area(s) in accordance with the
design plans and specifications contained in
Permit Attachment 111-2 . [Note: The
application should contain detailed
discussion of the topography, types of soils,
berms (if any), engineering drawings
delineating the detonation area(s), minimum
safe distances, etc.]
III.C.3.2 The Permittee shall operate and maintain the
open detonation area(s) in accordance with the
operating procedures contained in Permit
Attachment III-l. [Note: The application
should include detailed standard operating
procedures (SOP) that specify how the wastes
are to be treated. The SOP should discuss
loading/unloading procedures, how waste is to
be placed in or on the ground, the amount to
be detonated per event and per day, how the
waste will be initiated, duration between
events, number of events per day, misfire
procedures, and any other relevant
information on procedures that could affect
the quantity, quality, duration, or frequency
of releases to the environment.]
III-lv
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III.C.3.3 The Permittee shall [design, construct]
operate and maintain the open detonation area
in order to minimize air emissions or exposure
of people (onsite or offsite) to toxic or
hazardous emissions in accordance with Permit
Attachment(s) III-l[2] 5 [and/or the
following permit conditions: ] [Note: The SOP
should contain any meteorological or other
restrictions on detonation (e.g., wind speed,
humidity) designed to minimize air pollution
releases during firing and wind dispersal of
residual ash. Any restrictions imposed by
the Permit Writer which are not addressed in
the SOP should be specified in this
condition.]
III.C.3.4 The Permittee shall [design, construct]
operate and maintain the open detonation area
in order to minimize noise in accordance with
Permit Attachment (s) 111- [2] 6 [and/or the
following permit conditions:] [Note: If
noise is a potential problem at the facility,
design and operating procedures to minimize
noise (such as wind direction, allowable
operating times, sound buffers, covering the
waste with soil, limits on the amount of waste
per detonation event, etc.) should be
addressed in the application. Such
III-lvi
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provisions should be consistent with any
applicable State regulations.]
III.C.3.5 Ash/residues from the open detonation area
shall be managed in accordance with Permit
Attachment II1-4 [and/or the following permit
conditions:] [Note: The application should
address how ash/residues from the detonation
area will be managed, including how they will
be collected, how often the area will be
"policed," how they will be sampled and
analyzed, how/where they will be stored,
methods to control wind dispersal, and any
other relevant information on procedures that
could affect the quantity, quality, duration,
or frequency of releases to the environment.]
III.C.3.6 The Permittee shall [design, construct]
operate and maintain a runon control system in
accordance with the design plans,
specifications, and operating practices
contained in Permit Attachment(s) II1-2.
[Note: The application should describe how
runon will be prevented or minimized.]
III.C.3.7 The Permittee shall [design, construct]
operate and maintain a runoff control system
in accordance with the design plans,
specifications, and operating practices
contained in Permit Attachment (s) 111-2 and 3 .
III-lvii
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[Note: If the facility does not have measures
to prevent runon, the application should
describe how runoff from the area will be
minimized and managed, how/if it will be
sampled and analyzed, how it will be
collected, and any other relevant information
on procedures that could affect the quantity,
quality, duration, or frequency of releases to
the environment.]
III.C.4 Open Detonation In A Pond
[This section applies to detonation of waste underwater.
Underwater detonation is typically used because of noise
considerations. The deadening effect of the water
greatly diminishes air blast and noise associated with
the detonation. Thus, underwater detonation can
sometimes be used in locations where open detonation in
or on the ground cannot.]
III.C.4.1 The Permittee shall design and construct an
open detonation pond in accordance with the
design plans and specifications contained in
Permit Attachment III-l. [Note: The
application should contain detailed
engineering drawings showing the size of the
pond, water depth, any liners, freeboard,
equipment for loading and detonating the
waste, minimum safe distances, etc.]
III-lviii
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III.C.4.2 The Permittee shall operate and maintain the
open detonation pond in accordance with the
operating procedures contained in Permit
Attachment III-l . [Note: The application
should include detailed standard operating
procedures (SOP) that specify how the wastes
are to be treated. The SOP should discuss
loading/unloading procedures, how waste is to
be placed in the pond, the amount to be
detonated per event and per day, how the waste
will be initiated, duration between events,
number of events per day, misfire procedures,
and any other relevant information on
procedures that could affect the quantity,
quality, duration, or frequency of releases to
the environment.]
III.C.4.3 The Permittee shall [design, construct]
operate and maintain the open detonation pond
in order to minimize air emissions or exposure
of people (onsite or offsite) to toxic or
hazardous emissions in accordance with Permit
Attachment(s) III-l [2] 5 [and/or the
following permit conditions:] [Note: The SOP
should contain any meteorological or other
restrictions on detonation (e.g., wind speed,
humidity) designed to minimize air pollution
releases during firing and wind dispersal of
residual ash (if any). Any restrictions
III-l ix
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imposed by the Permit Writer which are not
addressed in the SOP should be specified in
this condition.]
III.C.4.4 The Permittee shall [design, construct]
operate and maintain the open detonation pond
in order to minimize noise in accordance with
Permit Attachment(s) III-[2] 6 [and/or the
following permit conditions:] [Note: If
noise is a potential problem at the facility,
design and operating procedures to minimize
noise (such as wind direction, allowable
operating times, sound buffers, limits on the
amount of waste per detonation event, etc.)
should be addressed in the application. Such
provisions should be consistent with any
applicable State regulations.]
III.C.4.5 Ash/residues from the open detonation pond
shall be managed in accordance with Permit
Attachment 111-4 [and/or the following permit
conditions:] [Note: The application should
address how ash/residues (if any) from the
detonation pond will be managed including:
how/will the pond be dredged, how often the
pond will be dredged, if/how residues will be
collected from the surrounding area, how often
the surrounding area will be "policed," how
residues will be sampled and analyzed,
III-lx
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how/where they will be stored, methods to
control wind dispersal, and any other relevant
information on procedures that could affect
the quantity, quality, duration, or frequency
of releases to the environment.]
III.C.4.6 The Permittee shall [design, construct,]
operate and maintain a runoff control system
in accordance with the design plans,
specifications, and operating practices
contained in Permit Attachment (s) 111-2 and 3 .
[Note: The application should address
procedures to prevent overflow of the pond.]
III.D. HANDLING AND STORAGE REQUIREMENTS
[This section discusses handling and storage requirements for
energetic wastes. These requirements will generally be
dominated by safety concerns.]
III.D.l The Permittee shall handle/manage energetic waste
in accordance with Permit Attachment I1-5 [Note:
The application should contain a detailed
description of how wastes are handled at the point
of generation; how they are handled in containers,
tanks, surface impoundments, waste piles; and how
they are prepared for transport and transported,
etc. This condition should also address loading
and unloading hazards at open burning/open
III-lxi
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detonation facilities. These may include the
possibility of spillage or accidental ignition or
detonation during loading and unloading of the
hazardous wastes. These procedures, because of
the nature of the wastes, will be dominated by
personnel safety concerns. The Permit Writer
should also specify to which waste these
requirements apply.]
III.D.2 The Permittee shall store energetic wastes in
accordance with Permit Attachment 111-3. [Note:
This section should include only special
storage/accumulation requirements unique to
energetic wastes; general requirements for a
permitted storage area would be contained in a
separate section. The Permit Writer should also
specify to which waste these requirements apply.]
III.E. INSPECTION SCHEDULES AND PROCEDURES
[Module II contains General Inspection Requirements for the
facility. This section should include only inspection
requirements specific to the open burning/open detonation
units.]
111. E . 1 The Permittee shall inspect the open burning or open
detonation unit in accordance with the Inspection
Schedule, Permit Attachment II-3, and shall
complete the following as part of those
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inspections. [Note: The Permit Writer should
specify inspection conditions for each unit.
These conditions will depend on the peculiarities
of the units and will therefore be highly site
specific. They should include, however,
inspection of the physical integrity of the unit,
frequency of inspections, etc.]
Ill.F. PREVENTION OF UNINTENDTED IGNITION OR REACTION OF WASTES
The Permittee shall follow the procedures, contained in Permit
Attachment II-5, designed to prevent unintended ignition or
reaction of wastes. [Note: Procedures for igniting or
detonating waste in the unit should incorporate safety
precautions (such as prohibiting smoking and remote ignition
of the waste on the burn pad). Typically, these precautions
are included in existing documents, such as SOP's, utilized by
site operators.]
Ill.G. MONITORING REQUIREMENTS
[This section discusses monitoring requirements associated
with operation of the facility. These requirements will be
highly site specific and will depend on the results of
assessments conducted by the facility to demonstrate compliance
with the Environmental Performance Standards of Subpart X (40
CFR 264.601). Currently, there are no standard, EPA-approved
sampling and analytical methods for many of the wastes treated
by these facilities. EPA is, however, presently developing a
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guidance document for sampling and analysis at OB/OD
facilities.]
III.G.l Ground-Water Monitoring
The Permittee shall conduct ground-water monitoring in
accordance with Permit Attachment II1-7. [Note: If
the facility should, at the discretion of the Permit
Writer, undertake a detection monitoring program,
requirements for such a program are shown in section IV
of this model permit. If ground-water monitoring is
required, the application should specify the types and
schedules of monitoring required and the instrumentation
required and include a Sampling and Analysis Plan.]
III.G.2 Air Monitoring
The Permittee shall conduct air monitoring in accordance
with Permit Attachment III-8. [Note: If air
monitoring is required, the application should specify
the types and schedules of monitoring required and the
instrumentation required and should include a Sampling
and Analysis Plan.]
III.G.3 Surface Water Monitoring
The Permittee shall conduct surface water monitoring in
accordance with Permit Attachment III-9. [Note: If
surface water monitoring is required, the application
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should specify tthe types and schedules of monitoring
required and the instrumentation required and should
include a Sampling and Analysis Plan.]
III.G.4 Soil Monitoring
The Permittee shall conduct soil monitoring in
accordance with Permit Attachment 111-10. [Note: If
soil monitoring is required, the application should
specify the types and schedules of monitoring required
and the instrumentation required and should include a
Sampling and Analysis Plan.]
Ill.H. FACILITY MODIFICATION/EXPANSION
III.H.l Permit Modification
EPA reserves the right to modify this Permit in
accordance with 40 CFR 270.41.
III.H.2 Permit Modification At The Request Of The Permittee
Modifications or expansions of the facility shall be
accomplished in accordance with 40 CFR 270.42.
Ill . I . CLOSURE [AND POST-CLOSURE]
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[General closure/post-closure requirements are addressed in
Module II. This section should discuss closure/post-closure
requirements specific to the OB/OD operations. Post-closure
care is required only at facilities that do not anticipate clean
closure.]
III.I.l At final closure of the [open burning and/or open
detonation] unit(s) the Permittee shall follow the
procedures in the Closure Plan, Permit Attachment
11-9. [Note: The Closure Plan should be adequate
to ensure, after it has been completed, that EPA
receives adequate documentation that post-closure
care is not required.]
III.I.2a If after closure the Permittee finds that not all
contaminated soils and debris can be removed or
decontaminated in accordance with the Closure Plan,
then the Permittee shall close the [open burning
and/or open detonation] unit(s) and perform
post-closure care in accordance with requirements
contained in Section VIII of this Permit. [Note:
This condition would apply only to units for which
clean closure was anticipated but could not be
accomplished. Post-closure care requirements are
contained in Module VIII.]
III.I.2b The Permittee shall perform post-closure care in
accordance with the Post-closure Plan, Permit
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Attachment 11-11. [Note: This condition would
apply to units for which clean closure is not
proposed.]
III.J RECORDKEEPING
III.J.l The Permittee shall develop and maintain all
records required to comply with 40 CFR 264.73, 40
CFR 2 64.602, and Permit Attachment III-ll. [Note:
The facility should maintain sufficient records to
demonstrate compliance with the conditions of the
Permit, including any restrictions placed on
operation of the OB/OD units (e.g. , meteorological,
daily or event limits, etc.).]
Ill.K. COMPLIANCE SCHEDULE
[Note: The Permit Writer should include this section if the
Permittee is required to complete specific steps within a
specific time period, beyond those covered by other conditions
of the Permit, as a condition for retaining this operating
permit. Compliance schedules are generally used in cases where
requirements that are supposed to be met by the Permittee before
the permit is issued are deferred for good cause until after
permit issuance. Appropriate compliance schedules included in
the Part B Permit Application should be attached to, or
incorporated in, the Permit. If the application does not
include a compliance schedule, the Permit Writer should prepare
one and attach it to the Permit. Each compliance schedule
III-lxvii
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should have at least two columns-one identifying the activity
and one identifying the milestone or completion dates. The
following is an example of a condition that may apply for an
open burning/open detonation unit.]
The Permittee shall provide the following information to the
Regional Administrator:
Item Date Due to the Regional
Administrator
[Example:
1. Sampling and December 31, 1990
analysis of soils
surrounding open
burning unit.]
PERMIT ATTACHMENTS REFERENCED IN MODULE III
This list is provided to assist the Permit Writer in checking
that all Permit Attachments referenced in this module are
attached to the Permit. The purpose of the numbering scheme used
here is to facilitate cross-walking with the model permit
conditions. The Permit Writer may select other numbering
schemes, as appropriate, when preparing actual permits.
Permit
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Attachment No. Plan or Document
(from the Part B Permit Application)
II-3 Facility Inspection Schedule
II-5 Procedures for Handling Ignitable,
Reactive, or Incompatible Waste
II-9 Facility Closure Plan
II-11 Facility Post-Closure Plan
III-l Standard Operating Procedures
III-2 Design Plans and Specifications
III-3 Operation and Maintenance Procedures
III-4 Ash Management Procedures
III-5 Procedures for Limiting Air Emissions
III-6 Procedures for Limiting Noise Emissions
III-7 Sampling and Analysis Plan for Ground-Water
Monitoring
III-8 Sampling and Analysis Plan for Air Monitoring
III-lxix
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III-9 Sampling and Analysis Plan for Surface Water
Monitoring
111-10 Sampling and Analysis Plan for Soil Monitoring
III-ll Recordkeeping Procedures
III-1 xx
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MODULE IV - GROUND-WATER DETECTION MONITORING
[Note: The goal of detection monitoring is to ensure early and
reliable indications of ground-water contamination from the
regulated units. Detection monitoring is intended to provide
for characterization of releases of hazardous wastes or
hazardous constituents from regulated units by requiring
analysis for all constituents listed in Appendix IX of 40 CFR
264 to determine if further action is warranted. Detection
monitoring entails the following:
1. Development of a list of ground-water indicator
parameters and monitoring constituents used in
detection monitoring to indicate a release from the
regulated unit(s).
2. Establishment of sampling and statistical analysis
requirements to determine if a release has
occurred.
3. Establishment of additional requirements if a
statistically significant release occurs.]
[Note: On July 9, 1987, a federal rule was finalized to require
analysis for 40 CFR 264, Appendix IX, rather than 40 CFR 261,
Appendix VIII, hazardous constituents pursuant to 40 CFR 264.98
and 264.99, if a statistically significant increase occurs for
any detection monitoring parameters or constituents. The
Appendix IX list is an abbreviated Appendix VIII list with
Ig-lxxi
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several constituents added. This permit module incorporates
the new rule.]
[Note: Under 40 CFR 264.91(b) the Regional Administrator may
include one or more of the following programs in a permit: (1)
detection monitoring (Module IV), (2) compliance monitoring
(Module V) , and (3) corrective action [Module XII (A) ] . If more
than one program is included in the Permit, the Permit Writer
is to specify the circumstances or conditions under which each
program will be required. It is possible that more than one
program will be operable at the same time at a facility, or that
the programs will be conditional based on a sequence of events.
For example, the sequence set up in the Permit could include
a detection monitoring program that triggers an Appendix IX
analysis that triggers a Permittee option to submit a
demonstration to the Regional Administrator that the
statistical indication of ground-water contamination is a
result of a source other than a regulated unit or that the
contamination resulted from error in sampling, analysis, or
evaluation. If the Permittee fails to submit a demonstration
or if the demonstration fails to show that a source other than
a regulated unit or error in sampling, analysis, or evaluation
caused the contamination, then compliance monitoring is
triggered. The Permit could also set the ground-water
protection standard, with a provision for the Permittee to apply
for an Alternate Concentration Limit (ACL) , and in the absence
of an ACL application or denial of an ACL, or exceedence of an
ACL or pre-set limit, the triggering of the corrective action
program. The corrective action program could include plume
assessment, corrective measures study and design, and
Ig-lxxii
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implementation of corrective action. Setting up such a sequence
in the Permit reduces the number of permit modifications that
may be needed and decreases the administrative time needed to
get on with subsequent steps in the process and ultimately, the
time required to get corrective action under way, if needed.]
[Note: The Permit Writer should refer to the Model RCRA Permit
for Hazardous Waste Management Facilities (Draft) for
additional guidance in developing or reviewing permit
conditions.]
IV.A. MODULE HIGHLIGHTS
[The Permit Writer should include a general discussion of the
activities covered by this module. The discussion should
contain the following information: description of the waste
management units (including type and number that require
detection monitoring); number, location and depth of wells;
which wells are upgradient and downgradient; the indicator
parameters and monitoring constituents specified and their
background concentrations; any unique or special features
associated with the operation; and a reference to any special
permit conditions.]
IV.B. WELL LOCATION, INSTALLATION AND CONSTRUCTION
[Note: For specific Agency guidance on monitoring well design
and construction, hydrogeologic site characterization and
location of monitoring wells, consult the EPA RCRA Ground-Water
Monitoring Technical Enforcement Guidance Document (September
Ig-lxxiii
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1986). Additionally, updates from site-specific research
reports can also be used.]
The Permittee shall install and maintain a ground-water
monitoring system as specified below: [40 CFR 264.97]
IV.B.l. The Permittee shall [install and] maintain
ground-water monitoring wells at the locations
specified on the map in Permit Attachment IV-1 and
in conformance with the following list:
[Note: The map must show all monitoring well
locations and provide unique identifiers for each
well. The number and location of monitoring wells
utilized for ground-water monitoring is
site-specific. The number and location of the
wells must meet the requirements of 40 CFR 264.95
(Point of Compliance) and 40 CFR 264.97 (a) and (b) ,
if applicable (number, location, and depth of
wells). The ground-water monitoring system must:
yield samples in upgradient wells that represent
the quality of the background ground-water
unaffected by leakage from any regulated unit(s),
and in downgradient wells yield samples that
represent the quality of water passing the point of
compliance. The number and location of monitoring
wells must be sufficient to identify and define all
logical release pathways from the regulated units
based on site-specific hydrogeologic
characterization. The Permit Writer may require
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the Permittee to selectively monitor a hydrologic
zone which the Permittee has not described as part
of the uppermost aquifer (e.g., perched water
table), if based on hydrogeological
characteristics, the hydrologic zone is an area of
concern for the migration of hazardous constituents
from regulated units that can be transported to any
exposure point.]
[Note: The information submitted must also meet
the requirements of 40 CFR 270.14(c). These
requirements include: a summary of ground-water
monitoring data obtained during interim status;
identification of the uppermost aquifer and
aquifers hydraulically interconnected beneath the
facility property, including ground-water flow
direction and rate; a delineation on a topographic
map of the waste management area, the property
boundary, and the proposed point of compliance; and
a description of any plume of contamination that has
entered the ground-water from a regulated unit.]
IV.B.2. The Permittee shall [construct and] maintain the
monitoring wells identified in Permit Condition
IV.B.l., in accordance with the detailed plans and
specifications presented in Permit Attachment
IV-2 .
[Note: The plans and specifications must meet the
requirements of 40 CFR 264.97 (a) and (c) and 40 CFR
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270.14(c). They should consist of design drawings
and design criteria applicable to all wells, and
individual well specifications identifying total
well depth and location of screened intervals.]
[Note: If determined to be necessary to protect
human health or the environment, the Permit Writer
should include Permit Condition IV.B.3.,
specifications on how monitoring wells are plugged
and abandoned. HSWA Section 212 provides EPA with
this authority. Several states also have
regulations which cover monitoring well
decommissioning.]
IV.B. 3. All wells deleted from the monitoring program shall
be decommissioned in accordance with Permit
Attachment IV-3. Well decommissioning methods and
certification shall be submitted to the Regional
Administrator within [The Permit Writer should
specify the submittal period.] from the date the
wells are removed from the monitoring program.
IV.C. INDICATOR PARAMETERS AND MONITORING CONSTITUENTS
[Note: The Permit Writer may use background data from interim
status monitoring to establish background concentrations for
detection monitoring, to the extent that the same parameters
continue to be used in detection.]
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IV.C.l. The Permittee shall monitor [The Permit Writer
should specify the well numbers], as described in
Permit Condition IV.B., for the following
parameters and constituents: [40 CFR 264.98(a)]
Parameter or Established Background
Constituent Concentrations
[Note: The Permit Writer should develop a list of
detection monitoring parameters and constituents
using the following information: waste analysis
plan, waste characterization, site hydrogeologic
characterization, and proposed monitoring
parameters and constituents.]
[Note: Include Permit Condition IV.C.2. when the
Permittee has not established background values at
the time the Permit is issued in accordance with 40
CFR 264.97(g).]
[Note: Analytical methods and detection limits to
be used should be stated for the parameters of
interest.]
IV.C.2. For those parameters and constituents in Permit
Condition IV.C.l. for which no background values
are established at the time the Permit is issued,
the Permittee shall establish background values in
accordance with the following procedures. [Note:
The Permit Writer should specify that the
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procedures in Permit Conditions IV.C.2. be used to
establish the background values.] [40 CFR
264.97(g) (1)]
Background ground-water quality for a monitoring
parameter or constituent shall be based on a
sequence of at least four samples, taken at an
interval that assures, to the greatest extent
technically feasible, that an independent sample is
obtained. [Note: To determine whether an
independent sample is obtained, the Permittee
should make reference to the uppermost aquifer's
effective porosity, hydraulic conductivity, and
hydraulic gradient, and the fate and transport
characteristics of the potential contaminants.]
[40 CFR 264.97(g)(1)]
[Note: Under 40 CFR 264.97(g)(2), an alternate
sampling procedure proposed by the Permittee may be
approved by the Regional Administrator.]
IV.D. SAMPLING AND ANALYSIS PROCEDURES
The Permittee shall use the following techniques and procedures
when obtaining and analyzing samples from the ground-water
monitoring wells described in Permit Condition IV.B.: [40 CFR
264.97(d) and (e) ]
IV.D.l. Samples shall be collected using the techniques
described in Permit Attachment IV-4.
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IV.D.2.
Samples shall be preserved [and shipped (when
shipped off site for analysis) ] , in accordance with
the procedures specified in Permit Attachment IV-4 .
IV.D.3. Samples shall be analyzed in accordance with the
procedures specified in Permit Attachment IV-4.
IV.D.4. Samples shall be tracked and controlled using the
chain-of-custody procedures specified in Permit
Attachment IV-4.
[Note: The Permittee must submit all of the above
information, which is required under 40 CFR
264.97(d) and (e), 264.98(g) and
270.14(c)(7)(vi).]
[Note: The sampling and analytical procedures
must be designed to provide a reliable indication
of the quality of the ground-water below the
facility, pursuant to 40 CFR 264.97(d) and (e).]
IV.E. ELEVATION OF THE GROUND-WATER SURFACE
IV.E.l. The Permittee shall determine the elevation of the
ground-water surface at each well each time the
ground-water is sampled, in accordance with Permit
Condition IV.G.2. [40 CFR 264.97(f)]
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[Note: The Permit Writer should include Permit
Condition IV.E.2. if new monitoring wells are
installed. The surveyed ground surface elevation
of all existing monitoring wells is required on the
facility map in the Part B Permit Application.]
IV.E.2. The Permittee shall record the surveyed elevation
of the monitoring well(s) when installed (with
as-built drawings). [Note: The total depth of
the well and the elevations of the following should
be recorded: top of casing, ground surface and/or
apron elevation, and the protective casing.]
IV.F. STATISTICAL PROCEDURES
[Note: The Permittee should specify a statistical method to
be used in evaluating ground-water monitoring data for each
hazardous constituent, which, upon approval by the Regional
Administrator, will be specified in the unit permit. [40 CFR
264.97(h)]
IV.F.l. When evaluating the monitoring results in
accordance with Permit Condition IV.G., the
Permittee shall use one of the following
statistical methods:
IV.F.l.a The Permittee shall use a parametric analysis
of variance (ANOVA) followed by multiple
comparisons procedures to identify
statistically significant evidence of
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contamination. The method must include
estimation of testing of the contrasts between
each compliance well's mean and the background
mean levels for each constituent.
[40 CFR 264.97(h)(1)]
IV.F.l.b An analysis of variance (ANOVA) based on ranks
followed by multiple comparisons procedures
to identify statistically significant
evidence of contamination. The method must
include estimation and testing of the
contrasts between each compliance well's
median and the background median levels for
each constituent. [40 CFR 264.97(h)(2)]
IV.F.l.c A tolerance or prediction interval procedure
in which an interval for each constituent is
established from the distribution of the
background data, and the level of each
constituent in each compliance well is
compared to the upper tolerance or prediction
limit. [40 CFR 264.97(h)(3)]
IV.F.l.d A control chart approach that gives control
limits for each constituent.
[40 CFR 264.97(h)(4)]
IV.F.l.e Another statistical test method submitted by
the owner or operator and approved by the
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Regional Administrator.
[40 CFR 264.97(h)(5)]
IV.F.2 Any statistical method chosen in IV. F shall comply with
the following performance standards:
IV.F.2.a The statistical method used to evaluate
ground-water monitoring data shall be
appropriate for the distribution of chemical
parameters or hazardous constituents. If the
distribution of the chemical parameters or
hazardous constituents is shown by the
Permittee to be inappropriate for a normal
theory test, then the data should be
transformed or a distribution-free theory
test should be used. If the distributions for
the constituents differ, more than one
statistical method may be needed.
[40 CFR 264.97 (i) (1) ]
IV.F.2.b If an individual well comparison procedure is
used to compare an individual compliance well
constituent concentration with background
constituent concentrations or a ground-water
protection standard, the test shall be done at
a Type 1 error level no less than 0.01 for each
testing period. If a multiple comparisons
procedure is used, the Type 1 experiment-wise
error rate for each testing period shall be no
less than 0.05; however, the Type 1 error of
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no less than 0.01 for individual well
comparisons must be maintained. This
performance level does not apply to tolerance
intervals, prediction intervals, or control
charts. [40 CFR 264.97(i) (2)]
IV.F.2.c If a control chart approach is used to evaluate
ground-water monitoring data, the specific
type of control chart and its associated
parameter values shall be proposed by the
Permittee and approved by the Regional
Administrator. [40 CFR 264.97(i)(3)]
IV.F.2.d If a tolerance interval or a prediction
interval is used to evaluate ground-water
monitoring data, the levels of confidence and,
for tolerance intervals, the percentage of the
population that the interval must contain,
shall be proposed by the Permittee and
approved by the Regional Administrator.
These parameters will be determined after
considering the number of samples in the
background database, the data distribution,
and the range of the concentration values for
each constituent of concern.
[40 CFR 264.97 (i) (4) ]
IV.F.2.e The statistical method shall account for data
below the limit of detection with one or more
statistical procedures that are protective of
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human health and the environment. Any
practical quantification limit (PQL) that is
used in the statistical method shall be the
lowest concentration level that can be
reliably achieved within specified limits of
precision and accuracy during routine
laboratory operating conditions that are
available to the facility.
IV.F.2.f If necessary, the statistical method shall
include procedures to control or correct for
seasonal and spatial variability as well as
temporal correlation in the data.
IV. G. MONITORING PROGRAM AND DATA EVALUATION
IV.G.l. The Permittee shall collect, preserve, and analyze
samples pursuant to Permit Condition IV.D.
IV.G.2. The Permittee shall collect samples and conduct
statistical tests [The Permit Writer should specify
the frequency] to determine whether there is
statistically significant evidence of
contamination for any parameter or hazardous
constituent specified in Permit Condition IV.C.l.
in accordance with 40 CFR 264.97(g). [Note: The
Permit Writer should specify the sampling
frequency, but must require a sequence of at least
four samples from each well (background and
compliance wells) collected at least semi-annually
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during detection monitoring. Some state agencies
require quarterly determinations.] [40 CFR
264.98(d)] The Permittee shall express the
ground-water quality at each monitoring well in a
form necessary for the determination of
statistically significant increases (i.e., means
and variances). [40 CFR 264.97(h)]
IV.G.3. The Permittee shall determine the ground-water flow
rate and direction in the uppermost aquifer at least
annually. Methods for flow monitoring shall be
proposed by the Permittee and approved by the
Regional Administrator. [40 CFR 264.98(e)]
IV.G.4. The Permittee shall determine whether there is a
statistically significant increase over the
background values for each parameter identified in
Permit Condition IV.C.l. each time ground-water
quality is determined at the compliance point. In
determining whether such an increase has occurred,
the Permittee must compare the ground-water quality
at each monitoring well specified in Permit
Condition IV.B.l. to the background value specified
in Permit Condition IV.C.l., in accordance with the
statistical procedures specified in Permit
Condition IV.F. [40 CFR 264.98(f)]
IV.G.5. The Permittee shall perform the evaluations
described in Permit Condition IV.G.4. within [Note:
The Permit Writer should specify the number of days.
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The report time required by the Permit Writer should
take into consideration the availability of
laboratory services to the Permittee and the type
of statistical analysis employed by the Permittee. ]
after completion of sampling. [40 CFR
264.98(f)(2)]
IV. H. RECORDKEEPING AND REPORTING
IV.H.l. The Permittee shall enter all monitoring, testing,
and analytical data obtained in accordance with
Permit Condition IV.G. in the operating record. [40
CFR 264.73(b)(6)] The data must include all
computations and results associated with the
statistical test used in evaluating ground-water
monitoring data.
[Note: The Permit Writer should include Permit
Condition IV.H.2. if background values were not
established prior to permit issuance. The Permit
Writer should specify when the year-long quarterly
sample analyses and computations for background
values must be submitted if they were not included
or acceptable in the Part B Permit Application.]
IV.H.2. The established background values and the
computations necessary to determine background
values must be submitted to the Regional
Administrator.
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[Note: Ground-water monitoring data collected,
including actual levels of constituents, must be
maintained in the facility operating record. The
Permit Writer should specify in the permit when the
data must be submitted for review.]
[40 CFR 264.97(j)]
[Note: The regulations do not require the
Permittee to routinely submit all the ground-water
sampling analytical results, statistical
evaluations or results of the annual determination
of the ground-water flow rate and direction. Such
information is required to be submitted when there
are significant changes in hazardous constituent
concentrations or there are changes in the
ground-water flow rate or direction which negate or
adversely alter monitoring system effectiveness.
The Permit Writer may require this "routine"
information. Include Permit Condition IV.H.2. if
the facility is to submit the information on a
regular basis.]
IV.H.3. The Permittee shall submit the analytical results
required by Permit Conditions IV.G.2. and IV.G.3.
and the results of the initial statistical analyses
required by Permit Condition IV.G.4., in accordance
with the following schedule: [Note: The Permit
Writer should specify the reporting schedule for
ground-water sampling, the statistical
determination of ground-water sampling, and the
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annual ground-water flow rate and direction
determination.]
[The following is an example of a Quarterly
Reporting Schedule:
Samples to be Collected
During the Preceding
Administrator Months of
Results Due to
the Regional
By
January - February
April 15
April - May
July 15
July - August
October 15
October - November
January 15]
IV.H.4. If the Permittee determines, pursuant to Permit
Condition IV.G., there is a statistically
significant increase above the background values
for the indicator parameters specified in Permit
Condition IV.C.l., the Permittee shall:
IV.H.4.a. Notify the Agency in writing within seven
days. [40 CFR 264.98(g)(1)]
IV.H.4.b. Immediately sample the ground-water in all
wells and determine the concentration of all
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constituents identified in Appendix IX of 40
CFR 264. [40 CFR 264.98(g)(2)]
IV.H.4.C. Establish the background values for each
Appendix IX constituent found in the
ground-water. [40 CFR 264.98(g)(3)]
IV.H.4.d. Within 90 days, submit to the Agency an
application for a permit modification to
establish a compliance monitoring program.
[40 CFR 264.98(g)(4)] The application must
include the following information:
IV.H.4.d.l An identification of the
concentration of each Appendix IX
constituent found in the
ground-water at each monitoring
well at the compliance point. [40
CFR 264.98(g)(4)(i)]
IV.H.4.d.2 Any proposed changes to the
ground- water monitoring system at
the facility necessary to meet the
requirements of compliance
monitoring as described in 40 CFR
264.99. [40 CFR 264.98(g)(4)(ii)]
IV.H.4.d.3 Any proposed changes to the
monitoring frequency, sampling and
analysis procedures, or methods or
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statistical procedures used at the
facility necessary to meet the
requirements of compliance
monitoring as described in 40 CFR
264.99. [40 CFR
264.98(g) (4) (iii) ]
IV.H.4.d.4 For each hazardous constituent
found at the compliance point, a
proposed concentration limit, or a
notice of intent to seek an
alternate concentration limit for a
hazardous constituent . [40 CFR
264.98(g)(4)(iv)]
IV.H.4.e. Submit a corrective action feasibility plan to
the Agency within 180 days. [40 CFR
264.98(g)(5)]
IV.H.5. If the Permittee determines, pursuant to Permit
Condition IV.G., there is a statistically
significant increase above the background values
for the parameters specified in Permit Condition
IV. C . 1., he may demonstrate that a source other than
a regulated unit caused the increase or that the
increase resulted from error in sampling, analysis,
or evaluation. In such cases, the Permittee shall:
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IV.H.5.a. Notify the Regional Administrator in writing
within seven (7) days that he intends to make
a demonstration. [40 CFR 264.98(g)(6)(i)]
IV.H.5.b. Within 90 days, submit a report to the Regional
Administrator which demonstrates that a
source other than a regulated unit caused the
increase, or that the increase resulted from
error in sampling, analysis, or evaluation.
[40 CFR 264.98(g) (6) (ii) ]
IV.H.5.C. Within 90 days, submit to the Regional
Administrator an application for a permit
modification to make any appropriate changes
to the detection monitoring program at the
facility. [40 CFR 264.98(g) (6) (iii)]
IV.H.5.d. Continue to monitor in accordance with the
detection monitoring program at the facility.
[40 CFR 264.98(g)(6)(iv)]
[Note: The Permittee need not submit a
corrective action feasibility plan, in
accordance with 40 CFR 264.98(g)(5)(ii), if
the concentrations of all hazardous
constituents identified under Permit
Condition IV.H.5.b. do not exceed the
respective values listed in Table 1 of 40 CFR
264.94, or the Permittee has sought an ACL
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variance for every hazardous constituent
identified under Permit Condition IV.H.5.b.]
IV. I. ASSURANCE OF COMPLIANCE
The Permittee shall assure the Regional Administrator that
ground-water monitoring and corrective action measures
necessary to achieve compliance with the ground-water
protection standard under 40 CFR 264.92 are taken during the
term of the Permit. [40 CFR 264.98(k)]
IV. J. SPECIAL REQUIREMENTS IF SIGNIFICANT INCREASES OCCUR IN
VALUES FOR PARAMETERS OR CONSTITUENTS
If the Permittee has determined a statistically significant
increase over the background values for any of the parameters
and/or constituents identified in Permit Condition IV.C.l., in
accordance with statistical procedures specified in Permit
Condition IV.F., the Permittee must:
IV.J.1. Notify the Regional Administrator in writing,
within seven (7) days. The notification must
indicate what parameters or constituents have shown
statistically significant increases. [40 CFR
264.98(g) (1) ]
IV. J. 2 . Immediately sample the ground water in all wells and
determine the concentration of all constituents
identified in Appendix IX of 40 CFR 264. [40 CFR
264.98(g) (2) ]
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IV.J.3. For any Appendix IX compounds found in the analysis
pursuant to Permit Condition X.J.2., the Permittee
may resample within one month and repeat the
analysis for those compounds detected. If the
results of the second analysis confirm the initial
results, then these constituents will form the
basis for compliance monitoring. If the Permittee
does not resample for the compounds found pursuant
to Permit Condition X.J.2., the hazardous
constituents found during this initial Appendix IX
analysis will form the basis for compliance
monitoring. [40 CFR 264.98(g)(3)]
IV.J.4. Within 90 days, submit to the Regional
Administrator an application for a permit
modification to establish a compliance monitoring
program. [40 CFR 264.98(g)(4)] The application
must include the following:
IV.J.4.a An identification of the concentration of any
Appendix IX constituent detected in the
ground water at each monitoring well at the
compliance point. [40 CFR 264.98(g)(4)(i)]
IV.J.4.b Any proposed changes to the ground-water
monitoring system at the facility necessary to
meet the requirements of 40 CFR 264.99. [40
CFR 264.98(g) (4) (ii) ]
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IV.J.4.C Any proposed additions or changes to the
monitoring frequency, sampling and analysis
procedures or methods, or statistical methods
used at the facility to meet the requirements
for 40 CFR 264.99. [40 CFR
264.98(g) (4) (iii) ]
IV. J. 4 . d For each hazardous constituent detected at the
compliance point, a proposed concentration
limit under 40 CFR 264.94(a)(1) or (2) or a
notice of intent to seek an alternate
concentration limit under 40 CFR 264.94(b).
[40 CFR 264.98(g)(4)(iv)]
V.J.5 Within 180 days, all data necessary to justify an
alternate concentration limit and an engineering
feasibility plan for a corrective action program. [40
CFR 264.98(g) (5) (i-ii) ]
[Note: The Permittee need not submit a corrective
action feasibility plan, in accordance with 40 CFR
264.98(h)(1)(ii), if the concentrations of all
hazardous constituents identified under Permit
Condition IV.H.4.b do not exceed the respective
values listed in Table 1 of 40 CFR 264.94, or the
Permittee has sought an ACL variance for every
hazardous constituent identified under Permit
Condition IV.H.4.b.]
IV.K. REQUEST FOR PERMIT MODIFICATION
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If the Permittee or the Regional Administrator determines the
detection monitoring program no longer satisfies the
requirements of the regulations, the Permittee must, within 90
days of the determination, submit an application for a permit
modification to make any appropriate changes to the program
which will satisfy the regulations. [40 CFR 264.98(h)]
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PERMIT ATTACHMENTS REFERENCED IN MODULE IV -
GROUND-WATER DETECTION MONITORING
This list is provided to assist the Permit Writer in checking
that all Permit Attachments referenced in this module are
attached to the Permit. The purpose of the numbering scheme used
here is to facilitate cross-walking with the model permit
conditions. The Permit Writer may select other numbering
schemes, as appropriate, when preparing actual Permits.
Permit Attachment Plan or Document
No. (from the Part B Permit
Application)
G.W.I Maximum Concentration of Constituents
for Ground-Water Protection
G.W. 2
Statistics for Ground-Water Monitoring
Data Analysis
IV-1
Facility map depicting the
monitoring well locations and
regulated units
IV-2
Plans and specifications for
monitoring well construction,
installation and maintenance
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IV-3 Methodology for Monitoring Well
Decommissioning
IV-4 Sampling and Analysis Plan
IV-5 Alternative Statistical Procedures
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ATTACHMENT G.W.I
(to Module IV - Ground-Water Detection Monitoring)
Maximum Concentration of Constituents for
Ground-Water Protection
Constituent Maximum concentration
(Milligrams per liter)
Arsenic 0.05
Barium 1.0
Cadmium 0.01
Chromium 0.05
Lead 0.05
Mercury 0.002
Selenium 0.01
Silver 0.05
Endrin (1,2,3,4,10,10-hexachloro-
1,7-epoxy-l,4, 4a,5,6,7,8,9a-
octahydro-1, 4-endo, endo-5,8-
dimethano naphthalene) 0.0002
Lindane (1,2,3,4,5,6-hexachloro-
cyclohexane, gamma isomer) 0.004
Methoxychlor (1,1,l-Trichloro-2,2-
bis (p-methoxyphenyl) ethane) 0.1
Toxaphene (C10H10CI6, Technical
chlorinated camphene, 67-69 percent
chlorine) 0.005
2,4-D (2,4-Dichlorophenoxyacetic
acid) 0.1
2,4,5-TP Silvex (2,4,5-Trichloro-
phenoxypropionic acid) 0.01
Source: 40 CFR 264.94, Table 1, July 1990.
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ATTACHMENT G.W.2
(To Module IV - Ground-Water Detection Monitoring)
The following is a summary of suggested statistical procedures
for ground-water data used for compliance monitoring.
The four procedures outlined in 40 CFR 264.97(h) are:
(1) a parametric analysis of variance (ANOVA);
(2) a nonparametric ANOVA based on ranks;
(3) a tolerance or prediction inferral; and
(4) a control chart approach.
Generally, some methods will be more appropriate than others
for each specific site.
[Note: This is not meant to be a comprehensive treatment of
statistical methods; Statistical Analysis of Ground-Water
Monitoring Data at RCRA Facilities: Interim Final Guidance
(U.S. EPA, Office of Solid Waste, Waste Management Division,
April 13, 1989) , should be consulted for equations and further
clarification.]
A. Determining the Statistical Procedures Which are
Applicable
One of the most important factors in determining the appropriate
statistical procedure to be used is the normality of the data.
The normal distribution is the assumed distribution for the
parametric analysis of variance, tolerance intervals, and
prediction intervals.
The following methods are used to determine the normality of
data:
(1) probability plots of data;
(2) probability plots of lognormal data;
(3) coefficient of skewness;
(4) the Shapiro-Wilk Test of Normality; and
(5) the Shapiro-Francia Test of Normality.
Another important assumption in some statistical tests (e.g.,
the parametric ANOVA) is that the different groups (i.e., wells)
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have the same variance. The following methods may be used to
determine the homogeneity of variance:
(1) Box plots
(2) Levene's test
(3) Bartlett's test
If the test data gives evidence of non-normality or unequal
variances, the data may be transformed to make the data set more
nearly normal or exhibit equal variance. Tests for normality
or equal variance can be applied to transformed data and one
can substitute the transformed data for the raw data if the
transformed data meet the assumptions of the statistical
procedure.
There are many ways to transform data, but the one most commonly
used is the log transformation where the natural logs of the
raw data are used. Specific statistical tests have been
developed for other distributions; however, rather than attempt
to detail these or catalog a variety of transformations to
consider, a nonparametric approach is recommended if the normal
or lognormal approach is not sufficient.
The EPA guidebook for statistical analysis of ground water
should be consulted for the methodologies of these tests.
B. Comparison of Compliance Well Data to Background
1. Parametric Analysis of Variance
This approach is used when several downgradient or
compliance wells are to be compared to background wells.
The errors are assumed to be approximately normal and the
data groups defined by wells are assumed to have
approximately the same variance (see EPA guidance
document, pp. 5-5 to 5-13).
To test these assumptions, first compute the residuals
for each well group. For a one-way ANOVA, the residuals
can be found by taking the difference between each
observation and its group mean. Apply a test for
normality such as the Shapiro-Wilk test or a probability
plot. If the data are acceptably normal, test the
assumption of equal group variances using the residuals.
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If, however, the residuals give evidence of
non-normality, either apply a log transformation to the
original data and then repeat the ANOVA using the
log-transformed data, or apply a nonparametric ANOVA to
the original data. If the log-transformed data are
used, check the equal variance and normality assumptions
for the transformed data.
To check the assumption of equal group variances, compare
box plots of the residuals and/or use Levene's procedure.
If the differences among the sample variances are
acceptable, compute the ANOVA table. If not, consider
using a nonparametric ANOVA instead.
2 . Nonparametric Analysis of Variance
When the assumptions used in a parametric analysis of
variance cannot be verified, e.g., when the original or
transformed residuals are not approximately normal in
distribution or have significantly different group
variances, an analysis can be performed using the ranks
of the observations rather than the observations
themselves. Usually, a nonparametric procedure will be
needed when a substantial fraction of the measurements
are below detection (more than 15 percent), because the
assumptions are then extremely difficult to verify.
Two basic nonparametric procedures are recommended,
which depend on the number of well groups being compared.
When background wells are compared to two or more
compliance groups, the Kruskal-Wallis procedure may be
used (see EPA guidance document, pp. 5-14 to 5-20) . When
only one compliance well group is compared to background
wells, the Wilcoxin rank-sum test (also known as the
Mann-Whitney test) should be used instead.
a. Kruskal-Wallis Nonparametric ANOVA
The nonparametric analysis of variance can be used
in any situation that the parametric analysis of
variance can be used. However, because the ranks
of the data are being used, the minimum sample sizes
for the groups must be a little larger. A useful
rule of thumb is to require a minimum of three well
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groups with at least four observations per group
before using the Kruskal-Wallis procedure.
Nonparametric procedures typically need a few more
observations than parametric procedures for two
reasons. One the one hand, nonparametric tests
make fewer assumptions concerning the distribution
of the data and so more data are often needed to make
the same judgment that would be rendered by a
parametric test. Also, procedures based on ranks
have a discrete distribution (unlike the continuous
distributions of parametric tests).
Consequently, a larger sample size is usually
needed to produce test statistics that will be
significant at a specified alpha level such as
5 percent.
The relative efficiency of two procedures is
defined as the ratio of the sample sizes needed by
each to achieve a certain level of power against a
specified alternative hypothesis. As sample sizes
get larger, the efficiency of the Kruskal-Wallis
test relative to the parametric analysis of
variance test approaches a limit that depends on the
underlying distribution of the data, but is always
at least 86 percent. The efficiency is 95 percent
if the data are really normal, and can be much larger
than 100 percent in other cases (e.g., it is 150
percent if the errors follow a distribution called
the double exponential).
These results concerning efficiency imply that the
Kruskal-Wallis test is reasonably powerful for
detecting concentration differences despite the
fact that the original data have been replaced by
their ranks, and can be used even when the data are
normally distributed. When the data are not
normal, as is frequently the case with groundwater
monitoring, the Kruskal-Wallis procedure tends to
be more powerful for detecting differences than the
usual parametric approach.
b. Adjusting for Tied Observations
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Frequently, the Kruskal-Wallis procedure will be
used when the data contain a significant fraction
of nondetects (e.g., more than 15 percent of the
samples). In these cases, the parametric
assumptions necessary for the usual one-way ANOVA
are difficult or impossible to verify, making the
nonparametric alternative attractive. However,
the presence of nondetects prevents a unique
ranking of the concentration values, since
nondetects are, up to the limit of measurement, all
tied at the same value.
To get around this problem, two steps are necessary.
First, in the presence of ties (e.g., nondetects),
all tied observations should receive the same rank.
This rank (sometimes called the midrand (6)) is
computed as the average of the ranks that would be
given to a group of ties if the tied values actually
differed by a tiny amount and could be ranked
uniquely. For example, if the first four ordered
observations are all nondetects, the midrank given
to each of these samples would be equal to
(1+2+3+4)/4=2.5. If the next highest measurement
is a unique detect, its rank would be 5 and so on
until all observations are appropriately ranked.
The second step is to compute the Kruskal-Wallis
statistic as described in the EPA guidance
document, using the midranks computed for the tied
values. Then an adjustment to the Kruskal-Wallis
statistic must be made to account for the presence
of ties. This adjustment is described on page 5-17
of the EPA guidance document and requires computing
the formula:
ff =
H
l-[ Zg_
t3-
1
t ,
n3-n
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where g equals the number of groups of distinct tied
observations and ti is the number of observations
in the ith tied group.
c. Wilcoxin Rank-Sum Test for Two Groups
When a single compliance well group is being
compared to background data and a nonparametric
test is in order, the Kruskal-Wallis procedure
should be replaced by the Wilcoxin rank-sum test
(also known as the two-sample Mann-Whitney test).
For most groundwater applications, the Wilcoxin
test should be used whenever the proportion of
nondetects in the combined data set exceeds 15
percent. However, to provide valid results, do not
use the Wilcoxin test unless the compliance well and
background data groups both have at least four
samples each.
It is important to note that the EPA guidance
document recommends a test of proportions when more
than 50 percent of the data are nondetect.
However, the Wilcoxin rank-sum test tends to be more
powerful than the test of proportions for detecting
concentration differences when the fraction of
nondetects is less than 60 to 70 percent, and the
two tests give extremely similar results when the
fraction of nondetects is higher than that. It
seems more useful to always recommend the Wilcoxin
test as an alternative to the test of proportions.
To run the Wilcoxin rank-sum test, use the following
algorithm. Combine the compliance and background
data and rank the ordered values from 1 to N.
Assume there are n compliance samples and m
background samples so that N=m+n. Denote the ranks
of the compliance samples by Ci and the ranks of the
background samples by Bi. Then add up the ranks of
the compliance samples and subtract n(n+l)/2 to get
the Wilcoxin statistic W:
1
W = I^q-^Mn+l) .
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The idea behind the Wilcoxin test is that if the
ranks of the compliance data are too large relative
to the background ranks, then the hypothesis that
the compliance and background values came from the
same population should be rejected. Large values
of the statistic W give evidence of contamination
at the compliance well site(s).
To find the critical value of W, a normal
approximation to its distribution is used. The
expected value and standard deviation of W under the
null hypothesis of no contamination are given by the
formulas below.
An approximate Z-score for the Wilcoxin rank-sum
test then follows as:
The factor of 1/2 in the numerator serves as a
continuity correction because the discrete
distribution of the statistic W is being
approximated by the continuous normal
distribution.
Once the approximate Z-score has been computed, it
may be compared to the upper 0.01 percentile of the
standard normal distribution, z.oi=2.326, in order
to determine the statistical significance of the
test. If the observed Z-score is greater than
2.326, the null hypothesis may be rejected at the
1 percent significance level, suggesting there is
1
E ( W ) ="2mrl '
1
W-E(W)~2
~ SD(W) •
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significant evidence of contamination at the
compliance well site.
3. Intervals
Generally, a tolerance interval contains a proportion of
the population, and a prediction interval contains one
or more future observations. Each has a probability
statement or "confidence coefficient" associated with
it.
One should note that both of these intervals generally
require assumptions concerning the distribution of
sample data used to construct the intervals. There do
exist nonparametric versions of the confidence and
tolerance intervals, but it is usually assumed that the
data follow an approximate normal distribution. If the
data are really lognormal instead, then the interval must
be constructed using the logarithms of the sample values.
In this case, the limits of these intervals should not
be compared to the original compliance data or fixed
limit. Rather, the comparison should involve the logged
compliance data or logged maximum contaminant levels
(MCLs) or alternate contaminant levels (ACLs).
a. Tolerance Intervals
A tolerance interval is designed to contain a
designated proportion of the population (e.g., 95
percent of all possible sample measurements).
Because the interval is constructed from sample
data, it is a random interval. Because of sampling
fluctuations, a tolerance interval can contain the
specified proportion of the population with only a
certain confidence level. Two coefficients are
associated with any tolerance interval. One is the
proportion of the population that the interval is
supposed to contain, called the coverage. The
second is the degree of confidence with which the
interval reaches the specified coverage. This is
known as the tolerance coefficient. A tolerance
interval with coverage of 95 percent and a tolerance
coefficient of 95 percent is construed to contain
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(at least) 95 percent of the distribution with
probability of 95 percent.
Tolerance intervals are very useful for
ground-water data analysis, because, in many
situations, one wants to ensure that, at most, a
small fraction of the compliance well sample
measurements exceed a specific concentration level
(chosen to be protective of human health and the
environment). Because a tolerance interval is
designed to cover all but a small percentage of the
population measurements, exceeding the upper
tolerance limit should occur very rarely when
testing small samples. The upper tolerance limit
allows one to gauge whether or not too many extreme
concentration measurements are being sampled from
compliance point wells.
Tolerance intervals can be used in detection
monitoring when comparing compliance data to
background values. They also should be used in
compliance monitoring when comparing compliance
data to certain fixed standards. Specifically,
the tolerance interval approach is recommended for
comparison with a maximum contaminant level (MCL)
or with an alternate contaminant level (ACL) if the
ACL is derived from health-based risk data.
In detection monitoring, the compliance data are
assumed to come from the same distribution as
background values until significant evidence of
contamination can be shown. To test this
hypothesis, a 95 percent coverage tolerance
interval is constructed using only the background
data. Then each compliance sample is compared to
the upper tolerance limit. If any compliance point
sample exceeds the limit, the well from which it was
drawn is judged to have significant evidence of
contamination.
In compliance monitoring, the tolerance interval is
calculated on the compliance point data, so that the
upper one-sided tolerance limit may be compared to
the fixed standard (MCL or ACL). If the upper
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tolerance limit exceeds the fixed standard, there
is significant evidence that more than 5 percent of
all the compliance well measurements will exceed
the limit and consequently that the compliance
point wells are in violation of the facility permit.
b. Prediction Intervals
Prediction intervals are constructed to contain the
next sample value(s) from a population or
distribution with a specified probability. That
is, after sampling a background well for some time
and measuring the concentration of an analyte, the
data are used to construct an interval that will
contain the concentration of the next analyte
sample with a specified probability (assuming that
the distribution has not changed). Thus, a
prediction interval will contain a future value
with specified probability. Prediction intervals
also can be constructed to contain a number of
future values, or the average of several future
observations.
Prediction intervals are probably most useful for
two kinds of situations in detection monitoring.
The first would be when comparing compliance point
data to background values. In this case the
prediction interval would be constructed from the
background data and the compliance data would be
compared to the upper prediction limits. The
second would be when making intrawell comparisons
on an uncontaminated well. In this case, the
prediction interval is constructed on past data
sampled from the well, and used to predict the
behavior of future samples from the same well.
When comparing background data to compliance point
samples, a prediction interval can be constructed
on the background values. The interval should
contain all the compliance point samples provided
the distribution of background and compliance point
data is the same. Evidence of contamination is
indicated if one or more of the compliance samples
falls above the upper prediction limit.
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With intrawell comparisons, a prediction interval
can be computed on past data to contain a specified
number of future observations from the same well,
provided the well has not been contaminated
previously. If any one or more of the future
samples falls above the upper prediction limit,
there is evidence of recent contamination at the
well.
4 . Control Charts
The previous sections cover various situations where the
compliance well data are compared to the background well
data or to specified concentration limits (ACL or MCL)
to detect possible contamination. This section
discusses the case where the level of each constituent
within a single uncontaminated well is being monitored
over time. In essence, the data for each constituent in
each well are plotted on a time scale and inspected for
obvious features such as trends or sudden changes in
concentration levels. The method suggested here is a
combined Shewhart-CUSUM control chart for each well and
constituent.
The control chart method is recommended for
uncontaminated wells only, when data comprising at least
eight independent samples over a 1-year period are
available. This requirement is specified under current
RCRA regulations and applies to each constituent in each
well.
At least four sampling periods at a unit of eight or more
wells and at least eight sampling periods at a unit with
fewer than four wells is recommended.
The use of control charts can be an effective technique
for monitoring the levels of a constituent at a given well
over time. It also provides a visual means of detecting
deviations from a "state of control." It is clear that
plotting of the data is an important part of the analysis
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process. Plotting is an easy task, although
time-consuming if many data sets need to be plotted.
Advantage should be taken of graphics software, because
plotting of time series data will be an ongoing process.
New data points will be added to the already existing data
base each time new data are available. Each data point
should be plotted against time using a time scale (e.g.,
month, quarter). A plot should be generated for each
constituent measured in each well. For visual
comparison purposes, the scale should be kept identical
from well to well for a given constituent. The following
few sections will discuss, in general terms, the
advantages of plotting time series data; the corrective
steps one could take to adjust when seasonality in the
data is present; and finally, the detailed procedure for
constructing a Shewhart-CUSUM control chart, along with
a demonstration of that procedure, is presented.
An important application of the plotting procedure is for
detecting possible trends or drifts in the data from a
given well. Furthermore, when visually comparing the
plots from several wells within a unit, possible
contamination of one rather than all downgradient wells
could be detected which would then warrant a closer look
at that well. In general, graphs can provide highly
effective illustrations of the time series, allowing the
analyst to obtain a much greater sense of the data.
Seasonal fluctuations or sudden changes, for example,
may become quite evident, thereby supporting the analyst
in his/her decision of which statistical procedure to
use. General upward or downward trends, if present, can
be detected and the analyst can follow-up with a test for
trend, such as the nonparametric Mann-Kendall test
(Mann, 1945; Kendall, 1975). If, in addition,
seasonality is suspected, the user can perform the
seasonal Kendall test for trend developed by Hirsch et
al. (1982) . The reader is also referred to Chapters 16
"Detecting and Estimating Trends" and 17 "Trends and
Seasonality" of Gilbert's "Statistical Methods for
Environmental Pollution Monitoring," 1987. In any of
the above cases, the help of a professional statistician
is recommended.
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Another important use of data plots is that of
identifying unusual data points (e.g., outliers).
These points should then be investigated for possible QC
problems, data entry errors, or whether they are truly
outliers.
Many software packages are available for computer
graphics, developed for mainframes, mini-, or
microcomputers. For example, SAS features an
easy-to-use plotting procedure, PROC PLOT; where the
hardware and software are available, a series of more
sophisticated plotting routines can be accessed through
SAS GRAPH. On microcomputers, almost everybody has his
or her favorite graphics software that they use on a
regular basis and no recommendation will be made as to
the most appropriate one. The plots shown in this
document were generated using LOTUS 1-2-3.
Once the data for each constituent and each well are
plotted, the plots should be examined for seasonality and
a correction is recommended should seasonality be
present. A fairly simple-to-use procedure for
deseasonalizing data is presented in the following
paragraphs.
a. Correcting for Seasonality
A necessary precaution before constructing a
control chart is to take into account seasonal
variation of the data to minimize the change of
mistaking seasonal effect for evidence of well
contamination. This could result from variations
in chemical concentrations with recharge rates
during different seasons throughout the years. If
seasonality is present, then deseasonalizing the
data prior to using the combined Shewhart-CUSUM
control chart procedure is recommended.
Many approaches to deseasonalize data exist. If
the seasonal pattern is regular, it may be modeled
with a sine or cosine function. Moving averages
can be used, or differences (of order 12 for monthly
data for example) can be used. However, time
series models may include rather complicated
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methods for deseasonalizing the data. Another
simpler method exists which should be adequate for
the situations described in this document. It has
the advantage of being easy to understand and apply,
and of providing natural estimates of the monthly
or quarterly effects via the monthly or quarterly
means. The method proposed here can be applied to
any seasonal cycle--typically an annual cycle for
monthly or quarterly data.
Note: Corrections for seasonality should be used
with great caution as they represent extrapolation
into the future. There should be a good scientific
explanation for the seasonality as well as good
empirical evidence for the seasonality before
corrections are made. Larger than average
rainfalls for two or three Augusts in a row does not
justify the belief that there will never be a
drought in August, and this idea extends directly
to groundwater quality. In addition, the quality
(bias, robustness, and variance) of the estimates
of the proper corrections must be considered even
in cases where corrections are called for. If
seasonality is suspected, the user might want to
seek the help of a professional statistician.
When seasonality is known to exist in a time series
of concentrations, then the data should be
deseasonalized prior to construction control
charts in order to take into account seasonal
variation rather than mistaking seasonal effects
for evidence of contamination.
The following instructions to adjust a time series
for seasonality are based on monthly data with a
yearly cycle . The procedure can be easily modified
to accommodate a yearly cycle of quarterly data.
Assume that N years of monthly data are available.
Let Xij denote the unadjusted observation for the ith
month during the jth year.
Step 1. Compute the average concentration for
month i over the N-year period:
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x. = (X.X)/N
i 1 ii '
This is the average of all observations taken in
different years but during the same month. That
is, calculate the mean concentrations for all
Januarys, then the mean for all Februarys and so on
for each of the 12 months.
Step 2. Calculate the grand mean, X, of all N*12
observations,
12 N 12
Y = Z Z X../N*12 = S T./12
.-1 .-1 ^ .-1 1
Step 3. Compute the adjusted concentrations,
Z. . = X. . = X . + X
i] i] i
Computing Xij - Xi removes the average effect of
month i from the monthly data, and adding X, the
overall mean, places the adjusted Zij values about
the same mean, X. It follows that the overall mean
adjusted observation, Z, equals the overall mean
unadjusted value, X.
b. Combined Shewhart-CUSUM Control Charts for Each
Well and Constituent
The standard assumptions in the use of control
charts are that the data generated by the process,
when it is in control, are independently and
normally distributed with a fixed mean p. and
constant variance a2. The most important
assumption is that of independence; control charts
are not robust with respect to departure from
independence (e.g., serial correlation). In
general, the sampling scheme will be such that the
possibility of obtaining serially correlated
results is minimized. The assumption of normality
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is of somewhat less concern, but should be
investigated before plotting the charts. A
transformation (e.g., log-transform, square root
transform) can be applied to the raw data so as to
obtain errors normally distributed about the mean.
An additional situation which may decrease the
effectiveness of control charts is seasonality in
the data. The problem of seasonality can be
handled by removing the seasonality effect from the
data, provided that sufficient data to cover at
least two seasons of the same type are available
(e.g., 2 years when monthly or quarterly seasonal
effect) .
Combined Shewhart-cumulative sum (CUSUM) control
charts are constructed for each constituent at each
well to provide a visual tool of detecting both
trends and abrupt changes in concentration levels.
Assume that data from at least eight independent
samples of monitoring are available to provide
reliable estimates of the mean, ]j, and standard
deviation, o, of the constituent's concentration
levels in a given well.
To construct a combined Shewhart-CUSUM chart, three
parameters need to be selected prior to plotting:
h - a decision internal value
k - a reference value
SCL - Shewhart control limit
The parameter k of the CUSUM scheme is directly
obtained from the value, D, of the displacement that
should be quickly detected; k = D/2. It is
recommended to select k = 1, which will allow a
displacement of two standard deviations to be
detected quickly.
When k is selected to be 1, the parameter h is
usually set at values of 4 or 5. The parameter h
is the value against which the cumulative sum in the
CUSUM scheme will be compared. In the context of
groundwater monitoring, a value of h = 5 is
recommended.
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The upper Shewhart limit is set at SCL = 4.5 in units
of standard deviation. This combination of k = 1,
h = 5, and SCL - 4.5 was found most appropriate for
the application of combined Shewhart-CUSUM charts
for groundwater monitoring (Starks, 1988).
Assume that at time period Ti, ni concentration
measurements Xi ..., Xni, are available and compute
their average Xi.
Calculate the standardized mean using the formula:
where p. and o are the mean and standard deviation
obtained from prior monitoring at the same well (at
least four sampling periods in a year).
At each time period, Ti, compute the cumulative sum,
Si, as:
S. = max 0, (Z. - k) + S. ,
i ' * i ' i-i
where max {A, B} is the maximum of A and B, starting
with So = 0.
Plot the values of Si versus Ti on a time chart for
this combined Shewhart-CUSUM scheme. Declare an
"out-of-control" situation at sampling period Ti if
for the first time, Si > h or Zi > SCL. This will
indicate probable contamination at the well and
further investigations will be necessary,
c. Update of a Control Chart
The control chart is based on preselected
performance parameters as well as on estimates of
¦p. and g, the parameters of the distribution of the
measurements in question. As monitoring continues
and the process is found to be in control, these
parameters need periodic updating so as to
incorporate this new information into the control
Z, = ( X . - n)
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charts. In general, adjustments in sample means
and standard deviations be made after sampling
periods 4, 8, 12, 20, and 32, following the initial
monitoring period recommended to be at least eight
sampling periods. Also, the performance
parameters h, k, and SCL would need to be updated.
It is suggested that h = 5, k = 1, and SCL = 4.5 be
kept at those values for the first 12 sampling
periods following the initial monitoring plan, and
that k be reduced to 0.75 and SCL to 4.0 for all
subsequent sampling periods. These values and
sampling period numbers are not mandatory. In the
event of an out-of-control state or a trend, the
control chart should not be updated.
d. Nondetects in a Control Chart
Regulations require that four independent water
samples be taken at each well at a given sampling
period. The mean of the four concentration
measurements of a particular constituent is used in
the construction of a control chart. Situations
will arise when the concentration of a constituent
is below detection limit for one or more samples.
The following approach is suggested for treating
nondetects when plotting control charts.
If only one of the four measurements is a nondetect,
then replace it with one half of the detection limit
(MDL/2) or with one half of the practical
quantitation limit (PQL/2) and proceed as described
earlier.
If either two or three of the measurements are
nondetects, use only the quantitated values (two or
one, respectively) for the control chart and
proceed as discussed earlier.
If all four measurements are nondetects, then use
one half of the detection limit or practical
quantitation limit as the value for the
construction of the control chart. This is an
obvious situation of no contamination of the well.
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In the event that a control chart requires updating
and a certain proportion of the measurements is
below detection limit, then adjust the mean and
standard deviation necessary for the control chart
by using Cohen's method (see EPA Guidance Manual).
In that case, the proportion of nondetects applies
to the pool of data available at the time of the
updating and would include all nondetects up to that
time, not just the four measurements taken at the
last sampling period.
CAUTIONARY NOTE: Control charts are a useful
supplement to other statistical techniques because
they are graphical and simple to use. However, it
is inappropriate to construct a control chart on
wells that have shown evidence of contamination or
an increasing trend (see §264.97(a)(1)(i)).
Further, contamination may not be present in a well
in the form of a steadily increasing concentration
profile--it may be present intermittently or may
increase in a step function. Therefore, the
absence of an increasing trend does not necessarily
prove that a release has not occurred.
5. Handling Values Below Detection Level
To make appropriate adjustments for nondetect
measurements in statistical procedures for ground-water
monitoring data, the overall percentage of nondetects
must first be determined. Generally, if the percentage
is no greater than 15 percent, one of two basic approaches
can be taken. Either perform a simple substitution
(e.g., replace each nondetect by half the detection
limit) or compute nondetect concentrations via a more
complex estimation scheme that requires parametric
assumptions about the data (e.g., Cohen's adjustment
procedure, which assumes that the data are really normal
or lognormal in distribution). When the proportion of
nondetects is less than 15 percent, simple substitution
methods will not significantly decrease the power of the
statistical procedures. Therefore, its use is
recommended for ease of computation.
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If the percentage of nondetects is greater than 15
percent, it is probably wiser to use a nonparametric
statistical method than to impute values for nondetects.
Simple substitution methods tend to perform poorly in
statistical procedures when the nondetect percentage is
substantial (8). Likewise, when the percentage of
nondetects is high, it is very difficult to verify the
assumption of normality or lognormality needed to
perform Cohen's adjustment. Furthermore, the mean and
variance estimates resulting from Cohen's adjustment
tend to be unstable for small samples of the sizes
frequently encountered in ground-water monitoring data
analysis.
For these reasons, a nonparametric method is recommended
when the percent of nondetects exceeds 15 percent. As
such, when ranking data containing nondetects, all
values below detection should be given the same rank,
presumably representing the lowest concentrations
present within the data set.
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MODULE V - GROUND-WATER COMPLIANCE MONITORING
[Note: This module presents permit conditions addressing the
regulatory requirements for ground-water compliance monitoring
programs (40 CFR 264.91, 264.98, and 264.99). A compliance
monitoring program must be established at the facility if the
Permittee or the Regional Administrator determines there is a
statistically significant increase in the concentration of
hazardous constituents in the ground water at the point of
compliance. This determination is the result of either an
interim status assessment ground-water monitoring program [40
CFR 265.91] or a detection ground-water monitoring program [40
CFR 264.98]. Federal regulations 40 CFR 264.98(g)(4) and
270.14(c)(5) and (c)(7) require the applicant to submit
detailed plans and engineering reports describing the proposed
compliance monitoring program.]
[Note: The goal of compliance monitoring is to determine
whether and when leakage of hazardous constituents into the
ground water exceeds specified concentration limits.
Compliance monitoring entails the following:
1. Development of a list of all 40 CFR 264, Appendix
IX hazardous constituents present in the
ground-water which could have reasonably been
derived from the facility;
2. Specification of a concentration limit for each
hazardous constituent listed in the Permit;
3. Establishment of a ground-water protection
standard at the compliance point; and
4. Establishment of the duration of the compliance
period.]
[Note: On July 9, 1987, a federal rule was finalized to require
analysis for 40 CFR 264, Appendix IX, rather than 40 CFR 261,
Appendix VIII, hazardous constituents pursuant to 40 CFR 264.98
and 264.99, (1) if a statistically significant increase occurs
for any detection monitoring parameters or constituents, and
(2) annually under compliance monitoring. The Appendix IX list
is an abbreviated Appendix VIII list, with several constituents
added. This permit module incorporates the new rule.]
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[Note: Under 40 CFR 264.91(b) the Regional Administrator may
include one or more of the following programs in a permit: (1)
detection monitoring (Module IV), (2) compliance monitoring
(Module V), and (3) corrective action (Module VII). If more
than one program is included in the Permit, the Permit Writer
is to specify the circumstances or conditions under which each
program will be required. It is possible that more than one
program will be operable at the same time at a facility, or that
the programs will be conditional based on a sequence of events.
For example, the sequence set up in the Permit could include
a detection monitoring program that triggers an Appendix IX
analysis that triggers a Permittee option to apply for a
variance (e.g., other contamination source or sampling error)
and if the Permittee fails to seek or fails to obtain a variance,
then compliance monitoring is triggered. The Permit could also
set the ground water protection standard, with a provision for
the Permittee to apply for an Alternate Concentration Limit
(ACL), and in the absence of an ACL application or denial of
an ACL, or exceedence of an ACL or pre-set limit, the triggering
of the corrective action program. The corrective action program
could include plume assessment, corrective measures study and
design, and implementation of corrective action. Setting up
such a sequence in the Permit reduces the number of permit
modifications that may be needed and decreases the
administrative time needed to get on with subsequent steps in
the process and ultimately, the time required to get corrective
action under way, if needed.]
[Note: The Permit Writer should refer to the Model RCRA Permit
for Hazardous Waste Management Facilities (Draft) for
additional guidance in developing or reviewing permit
conditions.]
V.A. MODULE HIGHLIGHTS
[The Permit Writer should include a general discussion of the
activities covered by this module. The discussion should
include the following information: description of the waste
management units for which compliance monitoring is being
conducted; number, location, and depth of wells; which wells
are upgradient and downgradient; hazardous constituents and
concentration limits; compliance period for each hazardous
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waste management unit; special features associated with the
operation; and a reference to any special permit conditions.]
V.B. WELL LOCATION, INSTALLATION AND CONSTRUCTION
[Note: For specific Agency guidance on monitoring well design
and construction, hydrogeologic site characterization, and
location of monitoring wells, the Permit Writer should consult
the EPA RCRA Ground-Water Monitoring Technical Enforcement
Guidance Document (September 1986).]
The Permittee shall [install and] maintain a ground-water
monitoring system, as specified below: [40 CFR 264.99(b)]
V.B.I. The Permittee shall [install and] maintain ground-water
monitoring wells at the locations specified on the
map presented in Permit Attachment V-l, and in
conformance with the following list:
[Note: The map must show all monitoring well
locations and provide identifiers for each well.
The number and location of monitoring wells
utilized for ground-water monitoring is site
specific. The number and location of the wells
must meet the requirements of 40 CFR 264.95 (Point
of Compliance) and 40 CFR 264.97 (a) or (b) (number,
location, and depth of wells). The ground-water
monitoring system must: yield samples in
upgradient wells that represent the quality of the
background water unaffected by leakage from any
regulated unit(s); and, in downgradient wells,
yield samples that represent the quality of water
passing the point of compliance. The number and
location of monitoring wells must be sufficient to
identify and define all potential release pathways
from the regulated units based on site-specific
hydrogeologic characterization. The Permit
Writer may require the Permittee to selectively
monitor a hydrologic zone that the Permittee has not
described as part of the uppermost aquifer (e.g.,
perched water table); if based on hydrogeological
characteristics, the hydrogeologic zone is an area
of concern for the migration of hazardous
constituents from regulated units that can be
transported to any exposure point.]
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V.B.2. The Permittee shall [construct and] maintain the
monitoring wells identified in Permit Condition
V.B.I., in accordance with the plans and
specifications presented in Permit Attachment V-2 .
[Note: The plans and specifications in the Part B
Permit Application must meet the requirements of 40
CFR 264.97(a) and (c). They should consist of
design drawings and design criteria applicable to
all wells and individual well specifications
identifying depth and screened intervals.]
[Note: If determined to be necessary to protect
human health or the environment, the Permit Writer
may include Permit Condition V.B.3.,
specifications on how monitoring wells are plugged
and abandoned. HSWA Section 212 provides EPA with
this authority. Several states have regulations
which cover monitoring well decommissioning.]
V.B.3. All wells deleted from the monitoring program shall be
decommissioned in accordance with Permit
Attachment V-3. Well decommissioning methods and
certification shall be submitted to the Regional
Administrator within [The Permit Writer should
specify the submittal period.] from the date the
wells are removed from the monitoring program.
V.C. GROUND-WATER PROTECTION STANDARD
[Note: The Permit Writer must establish concentration limits
for the constituents listed in this condition, pursuant to 40
CFR 264.94(a) to implement the ground-water protection
standard. Concentration limits for hazardous constituents are
established at each waste management area to determine the
ground-water protection standard (GWPS) at the facility. There
are four ways to determine the concentration limits in
establishing the GWPS: (1) use of pooled background levels of
the hazardous constituents determined from facility
ground-water monitoring; (2) use of maximum constituent
concentrations listed in Table 1, 40 CFR 264.94(a) - Permit
Attachment G.W.I to this module; (3) use of alternate
concentration limits (ACLs) proposed by the Permittee; or (4)
the concentration limits may be established at upgradient wells
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each time the ground-water is sampled at the compliance point,
if there is a high temporal correlation. The GWPS may be a
combination of these four methods. For detailed information
on ACLs, consult the EPA Alternate Concentration Limit Guidance
(July 1987) . The Permit Writer may incorporate the background
concentrations of hazardous constituents from Table 1, 40 CFR
264.94(a), if background concentrations for these constituents
have not been established at the facility.]
V.C.I. The Permittee shall monitor the groundwater to determine
whether regulated units are in compliance with the
ground-water protection standard under 40 CFR
264.92. The following hazardous constituents and
their concentration limits comprise the
ground-water protection standard: [40 CFR 264.93
and 94]
Hazardous Constituents Concentration
Limits
[Note: The Permit Writer should develop a list of
hazardous constituents to establish initial
compliance monitoring requirements using the
following information submitted by the Permittee in
the Part B Permit Application: waste analysis plan,
waste characterization, site hydrogeologic
characterization, Appendix IX ground-water sample
analyses, and proposed monitoring constituents.
In addition to the hazardous constituents, the
Permit Writer may require the Permittee to monitor
for ground-water quality indicator parameters.]
[Note: The concentration limits should be
determined from the mean of pooled background data
available for the concentrations of hazardous
constituents at the time of permitting, from Table
1 in 40 CFR 264.94(a) or approved ACLs. The
Permittee should include Permit Condition V.C.2. if
the Permittee has demonstrated a high temporal
correlation between upgradient and compliance
point hazardous constituents.] [40 CFR
264.99(c) (1) ]
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V.C.2. The Permittee may establish the concentration limit by
sampling the upgradient well(s) each time
ground-water is sampled at the compliance point.
The concentration limit for the hazardous
constituent(s) must be determined according to the
following procedure:
[Note: the Permit Writer must specify the
procedures used for determining the concentration
limit in Permit Condition V.C.2. The
concentration limits may be determined by Permit
Condition V.C.2. only if the Permittee can
demonstrate a high temporal correlation between
upgradient and compliance point concentrations for
hazardous constituents.]
V.C.3. The Permittee shall monitor [The Permit Writer should
specify the well numbers to be monitored.] at the
point of compliance, as described in Permit
Condition V.B., and as designated in Permit
Attachment V-l. [40 CFR 264.95]
V.C.4. The compliance period, during which the ground-water
protection standard applies, is equal to
months (or years) [The Permit Writer should specify
the applicable time period. The compliance period
shall begin at the time the Permittee begins the
compliance monitoring program.] [40 CFR
264.96(b)] If the Permittee is conducting
corrective action at the end of the compliance
period specified, then the compliance period shall
be extended until the Permittee demonstrates that
the ground-water protection standard has not been
exceeded for three consecutive years. [40 CFR
264.96(c)]
V.D. SAMPLING AND ANALYSIS PROCEDURES
The Permittee shall use the following techniques and procedures
when obtaining and analyzing samples from the ground-water
monitoring wells described in Permit Condition V.B.: [40 CFR
264.97(d) and (e) ]
V.D.I. Samples shall be collected using the techniques
described in Permit Attachment V-4.
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V.D.2. Samples shall be preserved [and shipped (when shipped off
site for analysis)], in accordance with the
procedures specified in Permit Attachment V-4.
V.D.3. Samples shall be analyzed in accordance with the
procedures specified in Permit Attachment V-4.
V.D.4. Samples shall be tracked and controlled using the
chain-of-custody procedures specified in Permit
Attachment V-4.
[Note: The sampling and analysis procedures
described in the Part B Permit Application must be
designed to provide a reliable indication of
ground-water quality below the waste management
area and be compatible with the statistical
analysis method.]
V.D.5 The Permittee must determine whether there is
statistically significant evidence of increased
contamination for any chemical parameter or hazardous
constituent specified in the permit, pursuant to 40 CFR
264.99(a) at a frequency specified under
40 CFR 264.99(f). The concentration of hazardous
constituents in the ground water at the compliance point
must be determined by collecting a sequence of at least
four samples from each well (background and compliance
wells) at least semi-annually during the compliance
period which was specified in Permit Condition V.C.3.
[40 CFR 264.99(d)]
[Note: The Permit Writer can require more frequent
collection of samples, if necessary.]
V.D.6 The Permittee must analyze samples from all monitoring
wells, at the compliance point, for all constituents
listed in Appendix IX of Part 264 at least annually to
determine whether additional hazardous constituents are
present in the uppermost aquifer, and, if so, at what
concentration, pursuant to procedures in 40 CFR
264.98(f). If the Permittee finds Appendix IX
constituents in the ground water that are not already
identified in the permit as monitoring constituents, the
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Permittee may resample within one month and repeat the
Appendix IX analysis. If the second analysis confirms
the presence of new constituents, the Permittee must
report the concentration of these additional
constituents to the Regional Administrator within seven
days after the completion of the second analysis and add
them to the monitoring list. If the Permittee chooses
not to resample, then he or she must report the
concentrations of these additional constituents to the
Regional Administrator within seven days after
completion of the initial analysis and add them to the
monitoring list. [40 CFR 264.99(g)]
[Note: The Permit Writer can require more frequent
collection of Appendix IX samples, if necessary.]
V.E. ELEVATION OF THE GROUND-WATER SURFACE
V.E.I. The Permittee shall determine the ground-water surface
elevation at each monitoring well each time ground
water is sampled in accordance with Permit
Condition V.G. [40 CFR 264.97(f)]
[Note: The Permit Writer should include Permit
Condition V.E.2. if new monitoring wells are
installed. The surveyed ground surface elevation
of all existing monitoring wells is required on the
facility map from the Part B Permit Application.]
V.E.2. The Permittee shall report the surveyed elevation of the
monitoring well(s) when installed (with as-built
drawings) . [Note: The total depth of wells and the
elevation of the following should be recorded: top
of casing, ground surface and/or apron elevation,
and the protective casing.]
V. F. STATISTICAL PROCEDURES
When evaluating the monitoring results in accordance with
Permit Condition V.G., the Permittee shall use the following
procedures:
[Note: The Permittee must use a statistical procedure outlined
under 40 CFR 264.97 (h) . Use of the statistical method must be
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protective of human health and the environment and must comply
with the performance standards outlined under 40 CFR
264.94(i).]
V.G. MONITORING PROGRAM AND DATA EVALUATION
The Permittee shall determine ground-water quality as follows:
V.G.I. The Permittee shall collect, preserve, and analyze
ground-water samples pursuant to Permit Condition
V.D.
V.G.2. The Permittee shall determine the concentration of
hazardous constituents (as specified in Permit
Condition V.C) in ground-water at each monitoring
well (required under Permit Condition V.B. ) , at the
compliance point, during the compliance period.
These determinations shall be made [The Permit
Writer should specify the frequency. A sequence of
at least four samples from each well (background and
compliance wells) must be collected at least
semi-annually during the conpliance period of the
facility.] [40 CFR 264.99(f)]
V.G.3. The Permittee shall determine the ground-water flow rate
and direction in the uppermost aquifer at least
annually. [40 CFR 264.99(e)]
V.G.4. The Permittee shall analyze samples from all monitoring
wells, at the compliance point, for all
constituents contained in Appendix IX of Part 264
at least annually to determine whether additional
hazardous constituents are present in the uppermost
aquifer and, if so, at what concentration pursuant
to procedures in 40 CFR 264.98(f). If the
Permittee finds Appendix IX constituents in the
ground water that are not already identified in the
permit as monitoring constituents, the Permittee
may resample within one month and repeat the
Appendix IX analysis. If the second analysis
confirms the presence of new constituents, the
Permittee must report the concentration of these
additional constituents to the Regional
Administrator within seven days after the
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completion of the second analysis and add them to
the monitoring list. If the Permittee chooses not
to resample, then he or she must report the
concentrations of these additional constituents to
the Regional Administrator within seven days after
the completion of the initial analysis and add them
to the monitoring list. [40 CFR 264.99(g)]
V.G.5. For each hazardous constituent identified in Permit
Condition V.C, the Permittee shall determine
whether statistically significant evidence of
increased contamination exists. In determining
whether such an increase has occurred, the
Permittee shall use the method(s) specified in the
permit under 40 CFR 264.97(h). The method(s) must
compare data collected at the compliance point (s)
to a concentration limit developed in accordance
with 40 CFR 264.94. The Regional Administrator
will determine within what time period the
Permittee must make this determination. [40 CFR
264.99(d) (1) and (d) (2) ]
V.G.6. The Permittee shall perform the statistical evaluation
required by Permit Condition V.G.5. within [Note:
The Permit Writer should specify the time period,
considering the complexity of the statistical test
and the availability of laboratory facilities to
perform the ground-water sample analysis.] days
from completion of the sampling analysis. [40 CFR
264.99(d)(2)]
V.H. REPORTING AND RECORDKEEPING
V.H.I. The Permittee shall enter all monitoring, testing, and
analytical data obtained pursuant to Permit
Condition V.G. in the operating record. The data
must include all computations, calculated means,
variances, and results of statistical tests. [40
CFR 264.73(b)]
[Note: The regulations do not require the
Permittee to routinely submit all the ground-water
sampling analytical results, statistical
evaluations, or results of the annual determination
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of the ground-water flow rate and direction. Such
information is required to be submitted when there
are significant changes in hazardous constituent
concentrations or there are changes in the
ground-water flow rate or direction which negate or
adversely alter monitoring system effectiveness.
However, the Permit Writer may require this
"routine" information. Include Permit Condition
V.H.2. if the facility is to submit the information
on a regular basis.]
V.H.2. The Permittee shall submit the analytical results
required by Permit Conditions V.E., V.G.2., V.G.3.,
and V.G.5., in accordance with the following
schedule:
[Note: The following is an example of a quarterly
ground-water report schedule:
Samples to be Collected
During the Preceding
Months of
January - February
April - May
July - August
October - November
Results Due to the
Regional
Administrator By
April 15
July 15
October 15
January 15]
V.H.3. If the Permittee determines, pursuant to Permit
Condition V.G., there is a statistically
significant increase above the concentration
limits for the constituents specified in Permit
Condition V.C. (indicating that the ground-water
protection standard is being exceeded), the
Permittee shall notify the Regional Administrator
in writing within seven (7) days. (40 CFR
264.99(h) (1)]
V.H.4. The Permittee must analyze samples from all monitoring
wells, at the compliance point, for all
constituents listed in Appendix IX of Part 264 at
least annually to determine whether additional
hazardous constituents are present in the uppermost
aquifer and, if so, at what concentration pursuant
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to procedures in 40 CFR 264.98(f). If the
Permittee finds Appendix IX constituents in the
ground water that are not already identified in the
permit as monitoring constituents, the Permittee
may resample within one month and repeat the
Appendix IX analysis. If the second analysis
confirms the presence of new constituents, the
Permittee must report the concentration of these
additional constituents to the Regional
Administrator within seven days after the
completion of the second analysis and add them to
the monitoring list. If the Permittee chooses not
to resample, then he or she must report the
concentrations of these additional constituents to
the Regional Administrator within seven days after
completion of the initial analysis and add them to
the monitoring list. [40 CFR 264.99(g)]
V.I. ASSURANCE OF COMPLIANCE
The Permittee shall assure that monitoring and corrective
action measures necessary to achieve compliance with the
ground-water protection standard are taken during the term of
the Permit.
V.J. SPECIAL REQUIREMENT IF THE GROUND-WATER PROTECTION
STANDARD IS EXCEEDED
V.J.I. The Permittee must notify the Regional Administrator in
writing within seven (7) days if the ground-water
protection standard has been exceeded at any
monitoring well. The notification must indicate
which concentration limits have been exceeded. [40
CFR 264.99(h)(1)]
V.J.2. The Permittee must submit to the Regional Administrator
a permit modification to establish a corrective
action program meeting 40 CFR 264.100 requirements
within 180 days, or within 90 days if the Permittee
has previously submitted an engineering
feasibility study. [40 CFR 264.99(h)(2)] [Note:
The information requirements for the permit
modification are outlined in 40 CFR 264 . 99 (h) (2) (i)
and (h) (2) (ii) . ]
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V.J.3. The Permittee may make a demonstration that the
ground-water protection standard was exceeded due
to sources other than a regulated unit or errors in
sampling, analysis or evaluation. [40 CFR
264.99(i)]
V.J.3.a. The Permittee must notify the Regional
Administrator in writing, within seven (7)
days, that a demonstration will be made. [40
CFR 264.99 (i) (1) ]
V.J.3.b. The Permittee must submit a report to the
Regional Administrator, within 90 days, that
demonstrates that a source other than a
regulated unit caused the ground-water
protection standard to be exceeded or that the
apparent non-compliance was a result of an
error in sampling, analysis or evaluation. [40
CFR 264.99(i)(2)]
V.J.3.C. The Permittee must submit to the Regional
Administrator within 90 days an application
for a permit modification to make any
appropriate changes in the compliance
monitoring program at the facility. [40 CFR
264.99 (i) (3) ]
V.J.3.d. The Permittee must continue the compliance
monitoring program in accordance with 40 CFR
264.99.
V.J.4. If the Permittee or the Regional Administrator
determines that the compliance monitoring program
no longer satisfies the requirements of 40 CFR
264.99, the Permittee must submit a permit
modification application within 90 days of the
determination detailing appropriate changes to the
compliance monitoring program. [40 CFR 264.99 (j)]
V.K. REQUEST FOR PERMIT MODIFICATION
V.K.I. If the Permittee or the Regional Administrator
determines the ground-water protection standard is
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being exceeded, the Permittee shall submit to the
Regional Administrator an application for a permit
modification to establish a corrective action
program. [40 CFR 264.99(h)(2)]
[Note: Submittal is required within 90 days if an
engineering feasibility study has been previously
submitted to the Regional Administrator; within 180
days otherwise. The application content is
described in 40 CFR 264.99(h)(2).]
V.K.2. If the Permittee or the Regional Administrator
determines the compliance monitoring program no
longer satisfies the requirements of 40 CFR 264.99,
then, within 90 days, the Permittee must submit an
application for a permit modification to make any
appropriate changes to the program. [40 CFR
264.99(j)]
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PERMIT ATTACHMENT REFERENCED IN MODULE V
GROUND-WATER COMPLIANCE MONITORING
This list is provided to assist the Permit Writer in checking
that all Permit Attachments referenced in this module are
attached to the Permit. The purpose of the numbering scheme used
here is to facilitate cross-walking with the model permit
conditions. The Permit Writer may select other number schemes,
as appropriate, when preparing actual Permits.
Permit Attachment No. Plan or Document
(from the Part B Permit
Application)
G.W.I
Maximum Concentration of
Constituents for Ground-Water
Protection
V-l
Facility map depicting
ground-water monitoring wells
and regulated units
V-2
Plans and specifications for
monitoring well construction,
installation and maintenance
V-3
Methodology for monitoring
well decommissioning
V-4
Sampling and Analysis Plan
V-5
Statistical Procedures
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ATTACHMENT G.W.I
(to Module V - Ground-Water Compliance Monitoring)
Maximum Concentration of Constituents for
Ground-Water Protection
Constituent Maximum
concentration
Milligrams per liter)
Arsenic 0.05
Barium 1.0
Cadmium 0.01
Chromium 0.05
Lead 0.05
Mercury 0.002
Selenium 0.01
Silver 0.05
Endrin (1,2,3,4,10,10-hexachloro-
1,7-epoxy-l,4, 4a,5,6,7,8,9a-
octahydro-1,4-endo, endo-5,8-
dimethano naphthalene) 0.0002
Lindane (1,2,3,4,5,6-hexachloro-
cyclohexane, gamma isomer) 0.004
Methoxychlor (1,1,1-
Trichloro-2,2-bis (p-
methoxypheny) lethane) 0.1
Toxaphene (C10H10CI6,
Technical chlorinated
camphene, 67-69 percent
chlorine) 0.005
2,4-D (2,4-Dichlorophenoxyacetic
acid) 0.1
2,4,5-TP Silvex (2,4,5-Trichloro-
phenoxypropionic acid) 0.01
Source: 40 CFR 264.94, Table 1, July 1990.
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MODULE VI
- ADDITIONAL PERMIT CONDITIONS
[Note: this Module should include, at the discretion of the
Permit Writer, any additional miscellaneous conditions
necessary to comply with the Environmental Performance
Standards contained in 40 CFR 264.601]
VI.A The Permittee shall adhere to the following
additional permit conditions to demonstrate
compliance with 40 CFR 264.601. [Note: in this
condition the Permit writer should list additional
requirements not included elsewhere. These
conditions will be highly site specific.]
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MOTITTTiFi VII - CORRECTIVE ACTION FOR REGULATED
UNITS
CNote: This module provides permit conditions for waste management
units which have exceeded the ground-water protection standard at any
monitoring well at the point of compliance. If the ground-water
protection standard is exceeded at any monitoring well at the point of
compliance, a corrective action program must be implemented to bring
the unit back into compliance with the standard. A corrective action
program may be permitted separately after receipt of an application for a
permit modification or it may be specified as part of the Permit for the
compliance monitoring program J
pVote: On July 9,1987, ® federal rule was finalized to require analysis
for 40 CFR 264, Appendix IX, rather than 40 CFR 261, Appendix VIII,
hazardous constituents pursuant to 40 CFR 264.98 and 264.99, (1) if a
statistically significant increase occurs for any detection monitoring
parameters or constituents and (2) annually under compliance
monitoring. The Appendix IX list is an abbreviated Appendix VIII list,
with some additional constituents. This permit module incorporates
this new rule J
PVote: Under 40 CFR 264.91(b) the Regional Administrator may
include one or more of the following programs in a permit: (1) detection
monitoring (Module IV), (2) compliance monitoring (Module V), and
(3) corrective action "Module VII~. If more than one program is
included in the Permit, the Permit Writer is to specify the circumstances
or conditions under which each program will be required. It is possible
that more than one program will be operable at the same time at a
facility, or that the programs will be conditional based on a sequence of
events. For example, the sequence set up in the Permit could include a
detection monitoring program that triggers an Appendix IX analysis that
triggers a Permittee option to apply for a variance (e.g., other
contamination source or sampling error) and if the Permittee fails to
seek or fails to obtain a variance, then compliance monitoring is
triggered. The Permit could also set the ground water protection
standard, with a provision for the Permittee to apply for an Alternate
Concentration Limit (ACL), and in the absence of an ACL application or
denial of an ACL, or exceedence of an ACL or pre-set limit, the triggering
t;II-cxxxvi
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of the corrective action program. The corrective action program could
include plume assessment, corrective measures study and design, and
implementation of corrective action. Setting up such a sequence in the
Permit reduces the number of permit modifications that may be needed
and decreases the administrative time needed to get on with subsequent
steps in the process and ultimately, the time required to get corrective
action under way, if needed J
DVote: The Permit Writer should refer to the JModel ItCItml l*erm it for
litis fir don# Waste Management Facilities (Draft) for additional
guidance in developing or reviewing permit conditions.!
VII.A. MOIM U: HIGHLIGHTS
[The Permit Writer should include a general discussion of the activities
covered by this module. The discussion should contain the following
information: description of the waste management unit(s) for which
corrective action is required; number, location, and depth of monitoring
wells; which wells are upgradient and downgradient; hazardous
constituents and concentration limits; compliance period for each waste
management unit; any special features associated with the operation;
and a reference to any special permit conditions J
VII.B. WRTJi LOCATION. 1VSTAI >K\TIQ\ AM)
CONSTRUCTION
pVote: For specific Agency guidance on monitoring well design and
construction, hydrogeologic site characterization and location of
monitoring wells, the Permit Writer should consult the EPA RCRA
Ground-Water Monitoring Technical Enforcement Guidance Document
(September 1986) J
The Permittee shall ^install and' maintain a ground-water monitoring
system to comply with the requirements specified below: ~40 CFR
264.100(d);]
VII.IS. 1. The Permittee shall ^install and]] maintain ground-water
monitoring wells at the locations specified on the map in Permit
t;II-cxxxvii
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Attachment VII-1 and in conformance with the following list:
40 CFR 264.100(a)(3) and (d)I
DVote: The Permit Writer should specify the number and
locations of upgradient and downgradient wells. A brief
description of the locations of the wells, relative to the
regulated units and geological formations, should also be
provided. The description should identify the spacing of
wells and screened depths (intervals) J
DVote: The map must show all monitoring well locations
and provide unique identifiers for each well. The number
and location of the wells must meet the requirements of 40
CFR 264.95 (Point of Compliance) and 40 CFR
264.97(a) or (b) (number, location, and depth of wells).
The number and location of monitoring wells must be
sufficient to identify and define all potential release
pathways from the regulated units based on site-specific
hydrogeologic characterization. The map should make a
distinction among point-of-compliance wells, withdrawal
wells (for pump and treat systems), and observation wells
or piezometers. This may include the area between the
point of compliance and the facility boundary J
pVote: The information submitted must also meet the
requirements of 40 CFR 270.14(c). These requirements
include: a summary of the ground-water monitoring data
obtained during interim status; identification of the
uppermost aquifer and aquifers hydraulically
interconnected beneath the facility property, including
ground-water flow direction and rate; a delineation on a
topographic map of the waste management area, the
property boundary, and the proposed point of compliance;
and a description of any plume of contamination that has
entered the ground-water from a regulated unit.]]
YII.B.2. The Permittee shall [construct and]] maintain the
monitoring wells identified in Permit Condition Y1I.B.1., in
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accordance with the plans and specifications; presented in
Permit Attachment VII-2. £40 CFR 264.100(d)]]
DVote: The plans; and specifications; contained in the Part
B Permit Application innst meet the requirements; of 40
CFR 264.97(c) and 40 CFR 270.14(c). They should
consist of design drawings; and design criteria applicable to
all wells;, as well as individual well specifications
identifying depth, and location of screened intervals.!
DVote: If determined to be necessary to protect human
health or the environment, the Permit Writer should
include Permit Condition Y11.B.3., specifications on how
monitoring wells are decommissioned. IISWA Section
212 provides EPA with this authority. Several states also
have regulations which cover monitoring well
decommissioning.^]
YII.B.3. All wells deleted from the monitoring program shall be
decommissioned in accordance with Permit Attachment YI1-3.
Well decommissioning methods and certification shall be
submitted to the Regional Administrator within [The Permit
Writer should specify the submittal period." from the date the
wells are removed from the monitoring program.
VII.C. GROLMKWATER PROTECTION STANDARD
pVote: The Permit Writer must establish concentration limits for the
constituents listed in this section, pursuant to 40 CFR 264.94(a), to
implement the ground-water protection standard. (The concentration
limits may have been established in the Compliance Monitoring Module.)
Concentration limits for hazardous constituents are established for each
waste management area to determine the ground-water protection
standard (GWPS) at the facility. There are four ways concentration
limits can be established to set the GWPS: (1) pooled background levels
of the hazardous constituents determined from facility ground-water
monitoring; (2) maximum constituent concentrations listed in Table 1,
40 CFR 264.94(a) - which is Permit Attachment G.W.1 to this module;
(3) alternate concentration limits (ACLs) proposed by the Permittee; or
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(4) the concentration limits may be established through sampling at
upgradient wells each time the ground water is sampled at the
compliance point, if there is a high temporal correlation. The GWP8
may be a combination of these four methods. For detailed information
onACLs, consult the EPA Alternate Concentration Limit Guidance
(July 1987).
VII.C.I. The Permittee shall implement a corrective action
program to ensure that regulated units are in compliance with
the ground-water protection standard. "40 CFR 264.100(d) ^
The following hazardous constituents and their concentration
limits comprise the ground-water protection standard: ~40
CFR 264.93 and 264.941
Hazardous Concentration
Constituents Limits
VII.C.2. The Permittee shall monitor The Permit Writer should
specify the identification number(s) of the well(s) to be
monitored J at the point of compliance, and those wells between
the point of compliance and the facility boundary, as described in
Permit Condition VII.B., and as designated in Permit
Attachment VI1-2. 140 CFR 264.95 and 264.100(d):
VI I.C.iJ. The Permittee shall monitor for the following hazardous
constituents during the compliance period. [The Permit Writer
should specify the compliance period J ^40 CFR 264.9ir
pVote: The Permit Writer should develop a list of monitoring
constituents to establish initial monitoring requirements using
the following information submitted by the Permittee; waste
analysis plan, waste characterization, site hydrogeologic
characterization, Appendix IX ground-water sample analyses
determined from compliance monitoring, proposed monitoring
constituents, corrective action program, and engineering
feasibility study J
VII.D. CORRECTIVE ACTION PROGRAM
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YII.D.1. The Permittee shall begin corrective action within [The
Permit Writer should specify the time period." from the time the
ground-water protection standard was exceeded. ~40 CFli
264.100(c)3
VII.D.2. The Permittee shall implement a corrective action program
that prevents hazardous constituents from exceeding their
respective concentration limits (as required under Permit
Condition YII.D.1.) at the compliance point by removing the
hazardous waste constituents or by treating them in place. 140
CFR 264.100(b):
YII.D.3. The Permittee shall conduct a corrective action program to
remove or treat in place any hazardous constituents that exceed
concentration limits in ground-water between the compliance
point and the downgradient facility property boundary, in
accordance with the procedures specified in Permit Attachment
VI1-4. ~40 CFR 264.100(e):
pVote: The Permit Writer must specify the corrective action
measures to be taken and the schedule in which these measures
are to be taken. The corrective action program and engineering
feasibility study submitted by the Permittee should contain all
appropriate measures to ensure that ground-water quality will
achieve compliance in a reasonable time period. The Permit
Writer may want to utilize the corrective action program (and
the engineering feasibility study) as an Attachment(s). The
corrective action measures must be initiated and completed
within a reasonable period of time and may be terminated once
the concentrations of hazardous constituents are reduced to
levels below their respective concentration limits, as specified in
Permit Condition YII.CJ 140 CFR 264.100(f):
VII.D.4. If the ground-water protection standard is met during the
compliance period, the Permittee shall continue corrective
action to the extent necessary to ensure that the ground-water
protection standard is not exceeded. If corrective action is
required beyond the compliance period, it must continue until
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theground-water protection standard has not been exceeded for
three consecutive years. ~40 CFR 264.100(f)I
VII.E. SAMPIifNGAM) MALYSIS PROCEDURES
The Permittee shall use the following techniques and procedures when
obtaining and analyzing samples from the ground-water monitoring wells
described in Permit Condition YII.B.: 140 CFR 264.97(d) and (c)I
YII.E.1. Samples shall be collected by the techniques described in
Permit Attachment VI1-5.
VII.K.2. Samples shall be preserved land shipped (when shipped off
site for analysis)', in accordance with the procedures specified in
Permit Attachment VI1-5.
YII.E.3. Samples shall be analyzed according to the procedures
specified in Permit Attachment VI1-5.
VII.E.4. Samples shall be tracked and controlled using the
chain-of-custody procedures specified in Permit Attachment _
VI1-5.
pVote: The sampling and analytical procedures described in the
Part B Permit Application must be designed to provide a reliable
indication of the quality of the ground-water below the facility, as
required by 40 CFR 264.!)^(d) and (e), and be compatible with
the statistical analysis method J
VII.F. GROUND-WATER SURFACE ELEVATION
VII.F.I. The Permittee shall determine the ground-water surface
elevation at each well each time ground water is sampled, in
accordance with Permit Condition VII.II. ~40 CFR 264.9"(f)~
pVote: The Permit Writer should include Permit Condition
VII.F.2. if new monitoring wells are installed. The surveyed
ground surface elevation of all existing monitoring wells is
required on the facility map in the Part B Permit Application."
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VII.F.2. The Permittee shall report the surveyed elevation of the
monitoring well(s) when the well(s) is (are) installed.
pVote: The total depth of wells and the elevation of the following
should be reported: top of casing, ground surface and/or apron
elevation, and the protective casing J
VII.G. STATISTICAL PROCEDURES
When evaluating the monitoring results to determine the effects of
corrective action measures, in accordance with Permit Condition
VII.II., the Permittee shall use the following procedures:
PVote: The Permittee must use a statistical procedure outlined under
40 CFR 264.97(h). Use of the statistical method must be protective of
human health and the environment and must comply with the
performance standards outlined under 40 CFR 264.94(i).]
The Permittee shall conduct the statistical procedures as presented in
Permit Attachment VII-6.
VII.H. MONITORING PROGRAM AND DATA EVALUATION
The Permittee shall establish and implement a ground-water monitoring
program to demonstrate the effectiveness of the corrective action
program. Ground-water monitoring shall be conducted and shall be as
effective as the program for compliance monitoring under 40 CFR
264.1)7 and 40 CFR 264.99. The Permittee shall determine
ground-water quality as follows:
VII.II.l. The Permittee shall collect, preserve and analyze samples in
accordance with Permit Condition YII.E.
VII.II.2. The Permittee shall determine the concentrations of the
hazardous constituents specified in Permit Condition VII.C.,
throughout the compliance period and any extensions due to
corrective action implementation, to demonstrate conformance
with the ground-water protection standard. ~40 CFR 264.92]]
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The Permittee shall determine the concentration of hazardous
constituents in ground water at each monitoring well at the
compliance point using a sequence of at least four samples,
collected at least semi-annually. ~40 CFR 264.100(d)]]
DVote: The Permit Writer may specify more frequent
monitoring, if necessary J
VII.1I.3. The Permittee shall analyze samples from all monitoring
wells at the compliance point for all constituents contained in 40
CFR 264, Appendix IX ZA ote: The frequency to be specified
must be at least annually.', to determine if additional hazardous
constituents are present in the uppermost aquifer. If the
Permittee finds additional hazardous constituents present (i.e.,
not listed in Permit Condition VII.C.), their concentrations shall
be reported to the Regional Administrator in writing within
seven days from completion of the analysis.
VI I.II.4. The Permittee shall determine the ground-water flow rate
and direction in the uppermost aquifer at least annually. 140
CFR 264.98(e)3
VII.II.o. The Permittee shall statistically compare the measured
concentration of each monitored hazardous constituent with its
concentration limit in the ground-water protection standard
each time ground-water quality is determined, in accordance
with Permit Condition VII.II.2. The Permittee must compare
the ground-water quality measured at each point of the
compliance monitoring well and any other specified wells, as
stated in Permit Condition VII.C. and in accordance with the
procedures specified in Permit Condition VII.G.
mi. RFiCORTIKFiEPEVG AJVD REPORTING
VII.1.1. The Permittee shall enter all monitoring, testing and analytical
(lata obtained, according to Permit Condition VII.H.2., in the
operating record. The data must include all computations,
calculated means, variances, and results of the statistical test(s)
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that the Regional Administrator has specified. ~40 CFR
264.73(b) (6)3
VII.1.2. The Permittee shall report, in writing, semi-annually to the
Regional Administrator on the effectiveness of the corrective
action program. These reports shall be submitted on ZApril 1
and October 1, for example] of each year until the corrective
action program has been completed. ~40 CFR 264.100(g)"
pVote: The regulations do not require the Permittee to
routinely submit all the ground-water sampling analytical
results, statistical evaluations or results of the annual
determination of the ground-water flow rate and direction.
Such information is required to be submitted when there are
significant changes in hazardous constituent concentrations or
there are significant changes in the ground-water flow rate or
direction which negate or adversely alter the monitoring system
effectiveness. The Permit Writer may require this "routine"
information. Include Permit Condition YII.I.3. if the facility is
to submit the information on a regular basis.]
VII.I.3.The Permittee shall submit the analytical results required by
Permit Conditions VI1.1., VII.II.2., VII.II.3., VII.II.4., and
VII.II.5., in accordance with the following schedule:
PVote: The Permit Writer should specify the report schedule
for ground-water sampling, the statistical evaluation of
ground-water sa mpling results, and the determination of the
ground-water flow rate and direction.
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Example of a Quarterly Ground-Water Report Schedule:
Samples to be
Results Due to the
Collected On ring the
Preceding Months of
January - February
April - May
July - August October 15
October - November
April 15
July 15
January 15"
VII.J. REQUEST FOR PERMIT MODIFICATION
If the Permittee or the Regional Administrator determines that the
corrective action program established by this Permit no longer satisfies
the regulatory requirements, then the Permittee must submit an
application for a permit modification within 90 days to make any
appropriate changes to the program. ~40 CFR 264.100(h)]]
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PERMITATTACHME1VTS REFERENCE!! IV Vfnni LF
VII - CORRECTIVE ACTION
FORREGUL
gll-cxlvii
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MODULE VIII - POST-CLOSURE CARE
[Note: Include this permit module in all permits for
landfills, surface impoundments, and land treatment units used
for the disposal of hazardous waste. In addition, this module
should be used for contingent post-closure care of surface
impoundments, waste piles, tank systems, and open burning/open
detonation units used for storing or treating hazardous waste,
that will be closed as landfills because clean-closure could
not be accomplished.]
[Note: This module should also be used for Post-Closure
Permits. Post-Closure Permits are required under 40 CFR
270.1(c) for "any unit which closes after January 26, 1983,"
i.e., for closing interim status facilities. Relevant
conditions from the other modules also need to be included in
the permit (see discussion in the Model Permit introduction).]
[Note: The Permit Writer should refer to the Model RCRA Permit
for Hazardous Waste Management Facilities (Draft) for
additional guidance in developing or reviewing permit
conditions.]
VIII.A. MODULE HIGHLIGHTS
[The Permit Writer should include a general discussion of the
activities covered by this module. The discussion should
contain the following information for each unit or group of
units: types of wastes disposed in the unit; anticipated date
of closure and the length of post-closure care for each unit;
planned monitoring and maintenance activities; any special
features associated with the post-closure care operation; and
a reference to any special permit conditions.]
VIII.B. UNIT IDENTIFICATION
The Permittee shall provide post-closure care for the following
hazardous waste management units, subject to the terms and
conditions of this permit, and as described as follows:
Type of Unit No. Maximum Description
Waste or Other Waste of WastesHazardous
Unit Designation Inventory ContainedWaste No.
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[Note: If the number of hazardous wastes in the unit(s) subject
to post-closure care is large, the Permit Writer should use a
separate attachment (Permit Attachment VIII-1) to list the
wastes, in lieu of listing them all directly in Permit Condition
VIII.B.]
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VIII.e. POST-CLOSURE PROCEDURES AND USE OF PROPERTY
VIII.C.l. The Permittee shall conduct post-closure care for
each hazardous waste management unit listed in
Permit Condition VIII.B. above, to begin after
completion of closure of the unit and continue
for 30 years after that date, except that the
30-year post-closure care period may be
shortened upon application and demonstration
approved by EPA that the facility is secure, or
may be extended by EPA if the Regional
Administrator finds this is necessary to protect
human health and the environment. [40 CFR
264.117(a)]
[Note: The Regional Administrator may shorten the
post-closure care period if he finds that human health
and the environment will be protected sufficiently.
This could be determined through, for example,
leachate or ground-water monitoring results,
inherent characteristics of the hazardous wastes,
application of treatment or other control technology
that indicate that the hazardous waste management
unit or facility is secure.] [40 CFR
264.117 (a) (2) (i) ]
[Note: The Regional Administrator may extend the
post-closure care period if he finds that this is
necessary to protect human health or the environment.
A basis for this determination could be leachate or
groundwater monitoring results that indicate a
potential for migration of hazardous wastes at levels
which may be harmful to human health and the
environment.] [40 CFR 264.117(a)(2)(ii)]
[Note: The length of the post-closure care period
may be set in the original permit, in which case it
should be justified in the Administrative Record; or
may be shortened or extended upon a permit
modification.]
VIII.C.2. The Permittee shall maintain and monitor the
ground-water monitoring system and comply with
all other applicable requirements of 40 CFR Part
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264 Subpart F during the post-closure period.
[40 CFR 264.117 (a) (1)] [The Permit Writer should
refer to and use, as appropriate, Modules IV, V,
and VII in developing conditions to satisfy the
Subpart F requirements.]
[Note: The Permit Writer should include Permit
Conditions VIII.C.3., VIII.C.4., and/or VIII.C.5.,
depending on the type of disposal units covered by the
permit. Permit Condition VIII.C.5. should be used
for surface impoundments, waste piles, tank systems,
and open burning/open detonation units used for
storing or treating hazardous waste that cannot be
clean-closed and must be closed as landfills.]
VIII.C.3. The Permittee shall comply with the requirements for
surface impoundments as follows: [40 CFR
264.228(b)(1) and (3)]
VIII.C.3.a. Maintain the integrity and effectiveness of
the final cover, including making repairs to
the cap, as necessary, to correct the
effects of settling, subsidence, erosion,
and other events; and
VIII.C.3.b. Prevent ru
otherwise
VIII.C.4. The Permittee shall
land treatment
n-on and run-off from eroding or
damaging the final cover.
comply with the requirements for
units as follows: [40 CFR
VIII.C.4.a. Continue all operations (including pH
control) necessary to enhance degradation
and transformation and sustain
immobilization of hazardous constituents in
the treatment zone to the extent that such
measures are consistent with other
post-closure care activities;
VIII.C.4.b. Maintain a vegetative cover over closed
portions of the facility;
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VIII.C.4.c. Maintain the run-on control system required
under 40 CFR 264.273(c); and
VIII.C.4.d. Maintain the run-off management system
required under 40 CFR 264.273(d).
[Note: The Permit Writer should also
include Permit Conditions VIII.C.4.e.,
VIII.C.4.f., and/or VIII.C.4.g., if
applicable.]
VI11. C . 4 . e . Control wind dispersal of hazardous waste as
required under 40 CFR 264.273(f).
VIII.C.4.f. Continue to comply with any prohibitions or
conditions concerning growth of food-chain
crops required under 40 CFR 264.276.
VIII.C.4.g. Continue unsaturated zone monitoring
required under 40 CFR 264.278.
[Note: The Permittee may terminate
soil-pore liquid monitoring 90 days after
the last application of waste to the
treatment zone.] [40 CFR 2 64.280(c)(7)]
VIII.C.5. The Permittee shall comply with the requirements for
landfills, as follows: [40 CFR 264.310(b)]
VIII.C.5.a. Maintain the integrity and effectiveness of
the final cover, including making repairs to
the cap, as necessary, to correct the
effects of settling, subsidence, erosion,
or other events;
VIII.C.5.b. Continue to operate the leachate collection
and removal system until leachate is no
longer detected;
VIII.C.5.c. Maintain and monitor the ground-water
monitoring system and comply with all other
applicable requirements of 40 CFR Subpart F;
VIII.C.5.d. Prevent run-on and run-off from eroding or
otherwise damaging the final cover; and
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VIII.C.5.e. Protect and maintain surveyed benchmarks
used in complying with the surveying and
recordkeeping requirements of 40 CFR
264.309.
[Note: The Permit Writer should include
Permit Condition VIII.C.6. if he determines
that the Permittee must continue to comply
with any of the security requirements of 40
CFR 264.14 during part or all of the
post-closure period. The condition should
be included when hazardous waste may remain
exposed after completion of partial or final
closure; or access by the public or domestic
livestock may pose a hazard to human
health.]
VIII.C.6. The Permittee shall comply with all security
requirements, as specified in Permit Attachment
VI11-2 . [40 CFR 264.117(b)]
VIII.C.7. The Permittee shall not allow any use of the units
designated in Permit Condition VIII.B. which
will disturb the integrity of the final cover,
liners, any components of the containment
system, or the function of the facility's
monitoring systems during the post-closure care
period. [40 CFR 264.117(c)]
[Note: The Regional Administrator may allow a
variance to this condition if a disturbance is
necessary to the proposed use of the property and will
not increase the potential hazard to human health or
the environment, or is necessary to reduce a threat
to human health and or the environment.] [40 CFR
264.117 (c) (1) and (2) ]
VIII.C.8. The Permittee shall implement the Post-Closure Plan,
Permit Attachment 11-11. All post-closure care
activities must be conducted in accordance with
the provisions of the Post-Closure Plan. [40
CFR 264.117(d) and 264.118(b)]
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VIII.D. INSPECTIONS
The Permittee shall inspect the components, structures, and
equipment at the site in accordance with the Inspection
Schedule, Permit Attachment II-3. [40 CFR 264.117(a)(1)(ii)]
VIII.E. NOTICES AND CERTIFICATION
VIII.E.l. No later than 60 days after certification of closure
of each permitted hazardous waste disposal unit,
the Permittee shall submit to the local zoning
authority, or the authority with jurisdiction
over local land use, and to the Regional
Administrator a record of the type, location, and
quantity of hazardous wastes disposed of within
each cell or other disposal unit of the facility.
For hazardous wastes disposed of before January
12, 1981, the Permittee shall identify the type,
location, and quantity of the hazardous wastes
to the best of his knowledge and in accordance
with any records he has kept. [40 CFR
264.119(a)]
VIII.E.2. Within 60 days of certification of closure of the
first and the last hazardous waste disposal unit,
the Permittee shall:
VIII.E.2.a. Record, in accordance with [Permit
Writer should insert state name] law, a
notation on the deed to the facility
property -- or on some other instrument that
is normally examined during the title
search -- that will in perpetuity notify any
potential purchaser of the property that:
The land has been used to manage hazardous
wastes;
Its use is restricted under 40 CFR Part 264
Subpart G regulations; and
The survey plat and record of the type,
location, and quantity of hazardous wastes
disposed of within each cell or other
(i)
(ii)
(iii)
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hazardous waste disposal unit of the
facility have been filed with the Regional
Administrator and [Permit Writer
should insert name of local zoning authority
or the authority with jurisdiction over
local land use].
VIII.E.2.b. Submit a certification to the Regional
Administrator, signed by the Permittee,
that he has recorded the notation specified
in Permit Condition VIII.E.2.a., including
a copy of the document in which the notation
has been placed. [40 CFR 264.119(b)]
VIII.E.3. If the Permittee or any subsequent owner or operator
of the land upon which the hazardous waste
disposal unit is located, wishes to remove
hazardous wastes and hazardous waste residues,
the liner, if any; or contaminated soils, then
he shall request a modification to this post
closure permit in accordance with the applicable
requirements in 40 CFR Parts 124 and 270. The
Permittee or any subsequent owner or operator of
the land shall demonstrate that the removal of
hazardous wastes will satisfy the criteria of 40
CFR 264.117(c). [40 CFR 264.119(c)]
[Note: By removing hazardous waste, the Permittee
may become a generator of hazardous waste and must
manage it in accordance with all applicable RCRA
requirements . If he is granted a permit modification
or otherwise granted approval to conduct such removal
activities, the Permittee may request that the
Regional Administrator approve either:
a. The removal of the notation on the deed to the
facility property or other instrument normally
examined during title search or
b. The addition of a notation to the deed or
instrument indicating the removal of the
hazardous waste.]
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VIII.E.4. No later than 60 days after completion of the
established post-closure care period for each
hazardous waste disposal unit, the Permittee
shall submit to the Regional Administrator, by
registered mail, a certification that the
post-closure care for the hazardous waste
disposal unit was performed in accordance with
the specifications in the approved Post-Closure
Plan. The certification must be signed by the
Permittee and an independent, registered
professional engineer. Documentation
supporting the independent, registered
professional engineer's certification must be
furnished to the Regional Administrator upon
request until the Regional Administrator
releases the Permittee from the financial
assurance requirements for post-closure care
under 40 CFR 264.145(1). [40 CFR 264.120]
VIII.F. FINANCIAL ASSURANCE
VIII.F.l. The Permittee shall maintain financial assurance
during the post-closure period and comply with
all applicable requirements of 40 CFR Part 264
Subpart H. [40 CFR 264.145]
[Note: The Permit Writer should include conditions
that cover the procedures the Permittee must follow
to be released from financial assurance or to be
reimbursed for post-closure care. The procedures
will vary according to the type of financial assurance
mechanism used. Permit Conditions VIII.F.2. and
VIII.F.3. are sample conditions for cases where a
post-closure trust fund is used.]
VIII.F.2. The Permittee shall demonstrate to the Regional
Administrator that the value of the financial
assurance mechanism exceeds the remaining cost
of post-closure care, in order for the Regional
Administrator to approve a release of funds.
[40 CFR 264.145(a)(10)]
VIII.F.3. The Permittee [or any other person authorized to
conduct post-closure care] shall submit itemized
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bills to the Regional Administrator when
requesting reimbursement for post-closure care.
[40 CFR 264.145(a)(11)]
VIII.G. POST-CLOSURE PERMIT MODIFICATIONS
The Permittee must request a permit modification to authorize
a change in the approved Post-Closure Plan. This request must
be in accordance with applicable requirements of 40 CFR Parts
124 and 270, and must include a copy of the proposed amended
Post-Closure Plan for approval by the Regional Administrator.
The Permittee shall request a permit modification whenever
changes in operating plans or facility design affect the
approved Post-Closure Plan, there is a change in the expected
year of final closure, or other events occur during the active
life of the facility that affect the approved Post-Closure Plan.
The Permittee must submit a written request for a permit
modification at least 60 days prior to the proposed change in
facility design or operation, or no later than 60 days after
an unexpected event has occurred which has affected the
Post-Closure Plan. [40 CFR 264.118(d)]
[Note: The wording of this Permit Condition should be altered
for post- closure permits (i.e. , the references to expected year
of final closure and events during the active life) , and checked
against the forthcoming rule amendments regarding permit
modifications.]
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PERMIT ATTACHMENTS REFERENCED IN MODULE VIII -
POST-CLOSURE CARE
This list is provided to assist the Permit Writer in checking
that all Permit Attachments referenced in this module are
attached to the Permit. The purpose of the numbering scheme used
here is to facilitate cross-walking with the model permit
conditions. The Permit Writer may select other numbering
schemes, as appropriate, when preparing actual permits.
Permit Attachment No. Plan or Document
(from the Part B Permit Application)
Facility Inspection Schedule
Post-Closure Plan
List of Wastes Contained in the Units Under
Post-ClosureCare
Security Procedures During the Post-Closure
Period
11-3
11-11
VIII-1
VII1-2
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MODULE IX - CORRECTIVE ACTION FOR SOLID WASTE
MANAGEMENT UNITS
[Note: 40 CFR 264.101 requires final hazardous waste permits
to include corrective action requirements for all releases of
hazardous wastes or constituents from any solid waste unit at
the facility regardless of when waste was placed in the unit.
This Module covers corrective actions at non-regulated solid
waste management units, corrective actions at regulated units
are covered by Module VII.]
IX.A. MODULE HIGHLIGHTS
[Corrective actions at non-regulated solid waste managements
will be highly site specific, and should be based on the findings
of the facility's RCRA Facility Assessment (RFA) and/or RCRA
Facility Investigation (RFI). Based on the findings of the
RFA/RFI, the Permit Writer should include a general discussion
of the activities covered by this module. The discussion may
contain the following information: description of the solid
waste management unit(s) for which corrective action is
required; number, location, and depth of monitoring wells;
which wells are up gradient and down gradient; hazardous
constituents and concentration limits; compliance period for
each waste management unit; any special features associated
with the operation; and a reference to any special permit
conditions.]
IX. B. CORRECTIVE ACTION REQUIREMENTS
The Permittee shall conduct the following corrective actions.
[Note: the corrective action requirements will be site
specific, and based on the findings of the RFA/RFI. The
specific corrective action conditions should be similar to
those contained in Module VII for regulated units.]
IS-clix
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