2. Kodiak Final Permit rev final 3.25.2021 ff2e.pdf

FINAL

Resource Conservation and Recovery Act Hazardous Waste Facility Management Permit

Permit No. AK9 69033 0742

March 2021

Issued to:

United States Coast Guard (USCG) Base Kodiak, Alaska

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Expiration Date: April 30, 2031

HAZARDOUS WASTE MANAGEMENT FACILITY

PERMIT

U.S. Environmental Protection Agency Region 10 (AWT-121) 1200 Sixth Avenue, Suite 900 Seattle, Washington 98101

(206) 553-1253

Issued in accordance with the Resource Conservation and Recovery Act (RCRA) as amended, 42 U.S.C. §6901 et. seq., and the Hazardous and Solid Waste Amendments of 1984 (HSWA), and the regulations promulgated thereunder in Title 40 of the Code of Federal Regulations (C.F.R.) Parts 124 and 260 through 271).

ISSUED TO: UNITED STATES COAST GUARD (USCG)

EPA I.D. No.: AK9 69033 0742

This Permit is effective as of May 1, 2021, and shall remain in effect until A p r i l 30, 2031, unless revoked and reissued under 40 C.F.R. § 270.41, or terminated under 40 C.F.R. § 270.43, or continued in accordance with 40 C.F.R. § 270.51(a).

This Permit will be reviewed five (5) years after the date of issuance, in accordance with Section 3005(c)(3) of RCRA, 42 U.S.C.

§ 6925(c)(3), and 40 C.F.R. § 270.50, and will be modified to assure that the facility continues to comply with the currently applicable requirements of Sections 3004 and 3005 of RCRA, 42 U.S.C. §§ 6924 and 6925.

ISSUED BY: The U.S. ENVIRONMENTAL PROTECTION AGENCY

Timothy B. Hamlin, Director Land, Chemicals, and Redevelopment Division U.S. Environmental Protection Agency, Region 10

Date

TABLE OF CONTENTS

PERMIT COVER DOCUMENT/SIGNATURE PAGE

TABLE OF CONTENTS

LIST OF ATTACHMENTS

INTRODUCTION

DEFINITIONS

PART I - STANDARD CONDITIONS

PART II - GENERAL FACILITY CONDITIONS

A. Design and Operation of Facility B. Required Notice C. General Waste Analysis D. Security E. General Inspection Requirements F. Training for Personnel Involved with Hazardous

Waste Management Activities G. General Requirements for Ignitable, Reactive, or

Incompatible Wastes H. Location Standards

I. Preparedness and Prevention J. Contingency Plan K. Manifest System L. Record Keeping and Reporting M. Closure and Post-Closure N. Pollution Prevention Program O. Equivalent Materials P. Organic Air Emission Requirements

PART III – STORAGE IN CONTAINERS

A. Waste Identification

B. Condition of Containers C. Compatibility of Waste with Containers D. Management of Containers E. Inspection of Containers and Containment System F. Containment G. Special Requirements for Incompatible Waste H. Prohibitions of Storage of Restricted Wastes

PART IV – POST-CLOSURE

PART V – CORRECTIVE ACTION FOR CONTAMINATED GROUNDWATER

PART VI – CORRECTIVE ACTION FOR CONTAMINATED GROUNDWATER

PART VII – COMPLIANCE GROUNDWATER MONITORING

PART VIII – DETECTION GROUNDWATER MONITORING

PART IX – CORRECTIVE ACTION FOR SOLID WASTE MANAGEMENT UNITS 75

LIST OF TABLES

Table 1 Corrective Action Monitoring Program Table 2 Compliance Monitoring Program Table 3 Effectiveness Monitoring Program Table 4 Groundwater Protection Standards

LIST OF FIGURES

Figure 1 Map of Facility Figure 2 Map of Site 3 (Laundry) Figure 3 Map of Site 7A (Barrel Storage Area One) Figure 4 Map of Site 6A (MOGAS)

LIST OF ATTACHMENTS

The following Attachments describing specific requirements from the Permittee's RCRA permit application are hereby incorporated as enforceable conditions of this Permit. In the event of any inconsistencies between a permit condition and an Attachment, the permit condition shall prevail.

Attachment 1 - RCRA Part A Permit Application and Facility Description

Attachment 2 – Base Kodiak Hazardous Waste Storage Building, Waste Analysis Plan

Attachment 3 - Personnel Training Outline

Attachment 4A - Consolidated Post-Closure Plan: Site 3 – Coast Guard Laundry, Site 7A – Barrel Storage Area No.1 and Site 6A -

MOGAS

Appendix A: RCRA Quarterly Sampling and Analysis Plan

Appendix B: Post-Closure Groundwater Monitoring Quality Assurance Project Plan

Attachment 4B – Closure Plan for the Hazardous Waste Storage Building (Building N-48)

Attachment 5 - Container Storage Area Plans and Specification Process Information

Attachment 6 - Procedures to Prevent Hazards

Attachment 7 - Solid Waste Management Units and Schedule of Compliance

Attachment 8 – RCRA Corrective Action Plan

Attachment 9 - Well Decommissioning Plan

Attachment 10 – Land Use Control Assurance Plan for Environmental Cleanup Activities

Attachment 11 – Summaries of Selected Remedies

INTRODUCTION

Permittee: U.S. Coast Guard Base Kodiak

EPA ID Number: AK9 69033 0742

Pursuant to the Resource Conservation and Recovery Act of 1976, as amended, 42 U.S.C. § 6901 et seq., (RCRA), and the Hazardous and Solid Waste Amendments pf 1984 (HSWA), 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 hereby issued to United States (U.S.)

Coast Guard (USCG; hereafter called the Permittee) to operate hazardous waste container storage units in Building N-48, and for post-closure of Site 3 (Laundry), Site 6A (MOGAS), and Site 7A (Barrel Storage Area One), and for corrective action, at the USCG Base Kodiak, Kodiak, facility, geographically located in the Municipality of Kodiak, Alaska, at latitude 57 degrees 45 minutes North and longitude 152 degrees 15 minutes West.

The Permittee must comply with all terms and conditions of this hazardous waste facility permit. This Permit consists of the conditions contained herein (including those in any attachments), and the applicable regulations contained in 40 C.F.R. Parts 260 through 264, 266, 268, 270, and 124. Any management of hazardous waste subject to 40 C.F.R. Parts 264 or 265, which is not authorized by this Permit, is prohibited.

Nothing in this Permit shall limit the Agency’s authority to undertake, or require any person to undertake, response action or corrective action under any law, including, but not limited to, Section 104 or 106 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. Sections 9604 and 9606, and Section 7003 of RCRA, 42 U.S.C. Section 6973. Nor shall any permit condition relieve the Permittee of any obligations under any law, including, but not limited to, Section 103 of CERCLA, 42 U.S.C. Section 9603 to report releases of hazardous wastes, constituents, or substances to, at, or from the facility.

Applicable federal regulations are those which are in effect on the date of final administrative action on this Permit and any self-implementing statutory provisions and related regulations which, according to the requirements of RCRA (as amended), are automatically applicable to the Permittee’s hazardous waste management activities, notwithstanding the conditions of this Permit.

This Permit is based upon the administrative record, as required by 40 C.F.R. § 124.9. The Permittee’s failure in the application or during the Permit issuance process to fully disclose all relevant facts, or the Permittee’s misrepresentation of any relevant facts at any time, shall be grounds for the termination or modification of this Permit and/or initiation of an enforcement action, including criminal proceedings. The Permittee shall inform the Administrator of noncompliance with any condition of the Permit or changes to the information provided in the Part B Permit Application that might affect the ability of the Permittee to comply with applicable regulations and permit conditions, or which alter any of the conditions of the Permit in any way.

This Permit includes the provisions of Section 206, 212, and 224 of the Hazardous and Solid Waste Amendments of 1984 (HSWA), which amended Sections 3004 and 3005 of RCRA, 42 U.S.C. §§ 6924 and 6925.

In particular, Section 3004(u), 42 U.S.C. § 6924(u) requires corrective action for all releases of hazardous waste or constituents from any solid waste management unit at a treatment, storage, or disposal facility seeking a permit, regardless of the time at which waste was placed in such unit. Section 212 of HSWA provides that permits shall be for a fixed term not to exceed ten

(10) years. Section 3005(c), 42 U.S.C. § 6925(c), provides the Administrator with authority to review and modify the Permit at any time. Under Section 6925(h) of RCRA, 42 U.S.C. § 6925(h), RCRA permits for hazardous waste management on the premises where the waste was generated must require the Permittee to certify efforts taken to minimize the amount and toxicity of hazardous waste.

At this time, the State of Alaska does not have an authorized RCRA program pursuant to Section 3006 of RCRA, 42 U.S.C. § 6926.

Therefore, this RCRA Permit is issued by EPA since EPA has primacy under RCRA to enforce it.

DEFINITIONS

For purposes of this Permit, the following definitions shall apply:

a. All definitions contained in 40 C.F.R. Parts 124 and 260-270 are hereby incorporated by reference into this Permit. Where terms are not defined in the regulations or the permit, the meaning associated with such terms shall be the standard dictionary definition, or their generally accepted scientific or industrial meaning.

b. Unless otherwise noted, all schedules refer to calendar time;

i.e. thirty (30) days means thirty (30) calendar days.

c. "Administrator" shall mean the Region 10 Regional Administrator of the U.S. Environmental Protection Agency (EPA) or a designated representative. The Director of the Land, Chemicals, and Redevelopment Division at EPA Region 10, (with the address as specified on page one of this Permit), is a duly authorized and designated representative of the Administrator for purposes of this Permit.

d. “Agency” shall mean the U.S. Environmental Protection Agency, Region 10 (with the address as specified on page one of this Permit).

e. “Elements” (in the context of “Corrective Action Elements”) shall refer to individual components of the remedy such as a landfill cap or an air sparging/soil vapor extraction (AS/SVE) system

f. “Facility” shall mean the property owned by the U.S. Coast Guard, Base Kodiak, to include all contiguous land, and structures, other appurtenances, and improvements on the land, used for treatment, storing, or disposing of hazardous waste, or for managing hazardous secondary materials prior to reclamation.

g. "Hazardous constituent" means any constituent identified in Appendix VIII of 40 C.F.R. Part 261, or any constituent identified in Appendix IX of 40 C.F.R. Part 264.

h. “Permit” shall mean the Permit issued by the Environmental Protection Agency, Region 10 pursuant to 42 U.S.C. Section 3251 eq seq., 40 C.F.R. Parts 124 and 270.

i. "Permittee" means the USCG.

j. "Release" means any spilling, leaking, pouring, emitting, emptying, discharging, injecting, pumping, escaping, leaching, dumping, or disposing of hazardous waste (including hazardous constituents) into the environment (including the abandonment or discarding of barrels, containers, and other closed receptacles containing hazardous wastes or hazardous constituents).

k. "Solid waste management unit" means any discernible unit at which solid wastes have been placed at any time, irrespective of whether the unit was intended for the management of solid or hazardous waste. Such units include any area at a facility at which hazardous wastes or hazardous constituents have been routinely and systematically released.

l. “Work” shall mean any activity the Permittee is required to perform under the permit.

PART I - STANDARD CONDITIONS

I.A. EFFECT OF PERMIT

I.A.1. The Permittee is allowed to store hazardous waste and to conduct post-closure care and corrective action in accordance with the conditions of this Permit. Any storage of hazardous waste governed by 40 C.F.R. 264 or 265 not authorized in this Permit is prohibited.

Compliance with this Permit during its effective term constitutes compliance, for purposes of enforcement, with 40 C.F.R. Parts 264 and 270, for the hazardous waste activities identified and included in this Permit, except for any self-implementing provisions and related regulations pursuant to HSWA. All other requirements of RCRA, including the generator requirements of 40 C.F.R.

Part 262 and 268, remain applicable to this facility and are not replaced or affected by this Permit.

I.A.2. Compliance with the terms of this Permit does not constitute a defense to any order issued or any action brought under any other federal or state law providing for protection of public health or the environment, including but not limited to, Section 3013 or 7003 of RCRA, 42 U.S.C. § 6934 or 6973, or any section of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), 42 U.S.C. § 9601 et seq.

[40 C.F.R. § 270.4]

I.B. PERMIT ACTIONS AND MODIFICATIONS

I.B.1. This Permit may be modified, revoked and reissued, or terminated for cause, as specified in 40 C.F.R. §§ 270.41, 270.42, and 270.43.

I.B.2. Filing a request for a permit modification, revocation and reissuance, or termination, or filing a notification of planned changes or anticipated noncompliance on the part of the Permittee does not stay the applicability or enforceability of any permit condition.

I.B.3. Except as provided by specific language in this Permit, any modification or change in a hazardous waste management practice covered by this Permit must be accomplished in accordance with 40 C.F.R. §§ 270.41 or 270.42.

I.B.3.a. A written request must be submitted at least sixty

(60) days prior to the proposed change in facility design or operation, or not later than sixty (60) days after an unexpected event has occurred which has affected the permit. The Administrator will approve, disapprove, or modify this request, in accordance with the procedures in 40 C.F.R. Parts 124 and 270.

I.B.3.b. If the Permittee determines that the corrective action or groundwater monitoring programs required by this Permit no longer satisfy the requirements of the regulations, the Permittee must, within ninety (90) days, submit a written request for a permit modification to make those changes deemed necessary to satisfy the regulations.

I.C. SEVERABILITY

I.C.1. The provisions of this Permit are severable. If any provision of this Permit, or the application of any provision of this Permit to any circumstances, is held invalid, the application of such provision to other circumstances and the remainder of this Permit shall not be affected thereby. Invalidation of any state or federal statutory or regulatory provision, which forms the basis for any condition of this Permit, does not affect the validity of any other state or federal statutory or regulatory basis for said condition. [40 C.F.R. § 124.16(a)(2)].

I.C.2. In the event that a condition of this Permit is stayed for any reason, the Permittee shall continue to comply with the conditions of the existing permit which correspond to the stayed conditions until final resolution of the stayed condition unless the Agency determines that compliance with the existing conditions would be technologically incompatible with compliance with other conditions of this Permit which have not been stayed.

I.D. PERSONAL AND PROPERTY RIGHTS

I.D.1. The Permittee shall hold harmless and indemnify the Agency, and its officers, employees, and agents from any claim, suit, or action arising from the activities of the Permittee or its contractors, agents, or employees under this Permit.

I.D.2. Issuance of this Permit does not convey any property rights or any exclusive privilege, nor does issuance of the Permit authorize any injury to persons or property, any invasion of other private rights, or any infringement of federal, state or local laws or regulations. [40 C.F.R. § 270.30(g)]

I.E. DUTY TO COMPLY

I.E.1. 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 issued in accordance with 40 C.F.R. § 270.61. Any 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; and/or for denial of a permit renewal application. [40 C.F.R. § 270.30(a)]

I.E.2. Compliance with the terms of this Permit does not constitute a defense to any action brought under Sections 3007, 3008, 3013, and 7003 of RCRA (42 U.S.C.

§§ 6927, 6928, 6934, and 6973); CERCLA (42 U.S.C. § 9601

et. seq.); or any other federal or state law governing protection of public health or the environment.

I.F. DUTY TO REAPPLY

If the Permittee wishes to continue an activity allowed by this Permit after the expiration date of this Permit, or if the Permittee is required to conduct post-closure care, or if the Permittee is required to continue corrective action for releases from solid waste management units, the Permittee must reapply for and obtain a new permit, in accordance with 40 C.F.R.

§§ 270.10(h), 270.30(b).

The corrective action obligations contained in this Permit will continue regardless of whether the facility continues to operate or ceases operation and closes. The facility is obligated to complete facility-wide corrective action regardless of the operational status of the facility.

I.G. CONTINUATION OF EXPIRING PERMIT

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 (40 C.F.R. §§ 270.10, 270.13 through 270.29); and, through no fault of the Permittee, the Administrator has not issued or denied the new permit, as set forth in 40 C.F.R. § 270.51.

This Permit may be modified or revoked and reissued, and in accordance with 40 C.F.R. § 270.41 and/or 40 C.F.R.

§ 270.42.

I.H. 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 C.F.R. § 270.30(c)]

I.I. 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.

Such mitigation shall not be a defense to enforcement action. [40 C.F.R. § 270.30(d)]

I.J. 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 include 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 to maintain compliance with the conditions of this Permit. No provision of this Permit shall be interpreted to require the Permittee to obligate funds in violation of the Anti- Deficiency Act, 31 U.S.C. Section 1341. [40 C.F.R.

§ 270.30(e)]

I.K. DUTY TO PROVIDE INFORMATION

The Permittee shall furnish to the Administrator, within a reasonable time, any relevant information which the 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 Administrator, upon request, copies of records required to be kept by this Permit. [40 C.F.R. §§ 264.74(a), and 270.30(h)]

I.L. INSPECTION AND ENTRY

Pursuant to 40 C.F.R. § 270.30(i), the Permittee shall allow the Administrator, or authorized representatives, upon the presentation of credentials and other documents as may be required by law to:

I.L.1. Enter at reasonable times upon the Permittee's premises where a regulated facility or hazardous waste management activity or corrective action activity is located or conducted, or where records must be kept under the conditions of this Permit;

I.L.2. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this Permit;

I.L.3. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this Permit;

and

I.L.4. 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.

I.M. MONITORING AND RECORDS

I.M.1. Samples and measurements taken by the Permittee 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 most recent appropriate method from Appendix I of 40 C.F.R. Part 261.

The Permittee shall use techniques and procedures consistent with the most recent EPA guidance when collecting, preserving, shipping, analyzing, tracking, and controlling samples. [40 C.F.R. § 270.30(j)(1)]

I.M.2. Except as specifically required elsewhere (i.e. Permit Condition I.Y), the Permittee shall retain at the facility, 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, certification required by 40 C.F.R. § 264.73(b)(9), and records of all data used to complete the application for this Permit for a period of at least thirty-six (36) months from the date of the sample, measurement, report, record, certification, or application.

This period may be extended by the Administrator at any time by notification, in writing, to the Permittee and is automatically extended during the course of any unresolved enforcement action regarding the Permit until the successful conclusion of any enforcement action. [40 C.F.R. § 270.30(j)(2)]

I.M.3. Pursuant to 40 C.F.R. § 270.30(j)(3), records of groundwater and air monitoring information, specific to post-closure and corrective action, shall specify:

I.M.3.a. The dates, exact place, and times of sampling or measurements;

I.M.3.b. The name, title and affiliation of the individual(s) who performed the sampling or measurements;

I.M.3.c. The dates the analyses were performed;

I.M.3.d. The name, title and affiliation of the individual(s) who performed the analyses;

I.M.3.e. The analytical techniques or methods used; and

I.M.3.f. The results of such analyses, including the Quality

Assurance/Quality Control (QA/QC) summary.

I.M.4. The Permittee may substitute analytical methods which are equivalent to those specifically approved for use in this Permit in accordance with the following:

I.M.4.a. The Permittee submits to the Administrator a request for substitution of an analytical method(s) which is equivalent to the method(s) specifically approved for use in this Permit.

The request shall provide information demonstrating that the proposed method(s) is equal or superior to the approved analytical method(s) in terms of sensitivity, accuracy, and precision (i.e.

reproducibility); and, I.M.4.b. The Administrator notifies the Permittee in writing, that the substitution of the analytical method(s) is approved. Such approval shall not require a permit modification.

I.N. REPORTING PLANNED CHANGES

The Permittee shall give notice to the Administrator as soon as possible of any planned physical alterations or additions to RCRA regulated hazardous waste management units at U.S. Coast Guard, Base Kodiak, or of any activity which will physically alter or add to the permitted hazardous waste management units, or would result in noncompliance with permit requirements. [40 C.F.R. § 270.30(l)(1)]

I.O. REPORTING ANTICIPATED NONCOMPLIANCE

The Permittee shall give advance notice, in writing, to the Administrator of any planned change(s) in the permitted facility or any activity which may result in noncompliance with permit requirements. If advance notice is not possible, then the Permittee shall give notice within twenty-four (24) hours of the time the

Permittee becomes aware of the anticipated noncompliance. Such notice does not authorize any noncompliance with this Permit or modification of this Permit. [40 C.F.R. § 270.30(l)(2)]

I.P. TRANSFER OF PERMITS

This Permit may be transferred to a new owner or operator only if it is modified or revoked and reissued pursuant to 40 C.F.R. §§ 270.40(b), 270.41(b)(2) and 270.42.

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 C.F.R. Parts 264 and 270 and this Permit. [40 C.F.R. §§ 264.12 and 270.30(l)(3)]

I.Q. COMPLIANCE SCHEDULES

Reports of compliance or noncompliance with, or any progress reports on, interim and final requirements contained in any compliance schedule of this Permit shall be submitted no later than fourteen (14) days following each schedule date.

The Permittee shall follow the compliance schedules contained in Part V of this Permit. [40 C.F.R. § 270.30(l)(5)]

I.R. TWENTY-FOUR HOUR REPORTING

I.R.1. The Permittee shall report to the Administrator any noncompliance with the Permit which may endanger human health or the environment.

Any such information shall be reported orally within twenty-four (24) hours from the time the Permittee becomes aware of the circumstances/non-compliance.

The report shall include the following:

I.R.1.a. Information concerning release of any hazardous waste that may cause an endangerment to public drinking water supplies.

I.R.1.b. Any information of a release or discharge of hazardous waste or a fire or explosion relating to hazardous waste management at U.S. Coast Guard, Base Kodiak, which could threaten the environment or human health.

I.R.2. The description in the oral report of the occurrence and its cause shall include:

I.R.2.a. Name, address, and telephone number of the owner or operator;

I.R.2.b. Name, address, and telephone number of the facility;

I.R.2.c. Date, time, and type of incident;

I.R.2.d. Name and quantity of material(s) involved;

I.R.2.e. The extent of injuries, if any;

I.R.2.f. An assessment of actual or potential hazards to the environment and human health, where this is applicable;

I.R.2.g. Estimated quantity and disposition of recovered material that resulted from the incident; and

I.R.2.h. A qualitative review of actions taken, intended responses, and remedial actions.

I.R.3. A written submission shall also be provided within five

(5) days of the time the Permittee becomes aware of the circumstances/non-compliance. The written submission shall contain a description of the noncompliance, its extent, and its cause; the period(s) of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; corrective measures taken to mitigate the situation and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance.

The Director may waive the five (5) day written notice requirement in favor of a written report within fifteen

(15) days. [40 C.F.R. § 270.30(l)(6)]

I.S. OTHER NONCOMPLIANCE

The Permittee shall report to the Administrator all other instances of noncompliance not otherwise required to be reported in the monitoring reports, compliance schedules, and twenty-four (24) hour reports above, at the time monitoring reports are submitted.

The reports shall contain the information listed in Permit Condition I.R. [40 C.F.R. § 270.30(l)(10)]

I.T. 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 Administrator, the Permittee shall promptly submit such facts or information to the Administrator. [40 C.F.R. § 270.30(l)(11)]

I.U. BIENNIAL REPORT

The Permittee shall comply with Biennial Report requirements of 40 C.F.R. § 264.75.

I.V. SIGNATURE AND CERTIFICATION

Failure to submit the information required in this Permit, or falsification of any submitted information, is grounds for termination of this Permit, in accordance with 40 C.F.R. § 270.43.

The Permittee shall ensure that all plans, reports, notifications, and other submissions to the Administrator, required in this Permit, are signed and certified, in accordance with 40 C.F.R. § 270.11.

I.W. REPORTS, NOTIFICATION AND SUBMISSIONS

All reports, notifications, or other submissions which are required by this Permit to be sent or given to the Administrator must be sent by email, electronic file transfer, certified mail, or given directly to:

EPA RCRA Project Manager (MS-15-H04) Division of Land, Chemicals, and Redevelopment U.S. EPA, Region 10 1200 Sixth Avenue, Suite 155 Seattle, Washington 98101-3140 Telephone number: (206) 553-6702

Note: This is the current address and phone number and may change without modification of the Permit.

I.X. CONFIDENTIAL INFORMATION

The Permittee may claim confidential any information required to be submitted by this Permit, in accordance with 40 C.F.R. §§ 260.2 and 270.12.

I.Y. 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, and have readily available for inspection, the following documents and amendments, revisions and modifications to these documents:

I.Y.1. Waste Analysis Plan (Attachment 2 of this Permit), and monitoring, testing or analytical data from monitoring activities, as required by 40 C.F.R. § 264.13 and this Permit.

I.Y.2. Records and results of each waste analysis performed in accordance with this Permit.

I.Y.3. Personnel training documents, certifications, and records, as outlined in Attachment 3 of this Permit, as required by 40 C.F.R. § 264.16(d) and this Permit.

I.Y.4. Contingency Plan, as required by 40 C.F.R. § 264.53(a) and this Permit.

I.Y.5. Closure and Post-Closure Plans (Attachments 4A and 4B of this Permit), as required by 40 C.F.R. § 264.112(a) and this Permit.

I.Y.6. Operating record, containing the documents required by 40 C.F.R. § 264.73 and this Permit.

I.Y.7. Inspection schedule(s), as required by 40 C.F.R.

§ 264.15(b)(2) and this Permit.

I.Y.8. Hazardous Waste Management Facility Permit, including all attachments.

I.Y.9. RCRA Part B Permit Application, dated August 1, 2007, including all attachments.

I.Y.10. Summaries of all records of the corrective action, including any cessation of remediation activities and measures taken to mitigate and prevent further cessations.

I.Y.11. Assessment reports pursuant to Permit Condition II.I of all incidents that require implementation of the contingency plan.

I.Y.12. Record of spills and releases.

I.Y.13. Copies of all other environmental permits associated with the hazardous and solid waste management units.

I.Y.14. Well construction, maintenance and replacement records pursuant to Permit Condition VI.C.

PART II – GENERAL FACILITY CONDITIONS

II.A. DESIGN AND OPERATION OF FACILITY

The Permittee shall design, construct, maintain and operate the facility:

(1) to avoid, reduce, or eliminate waste that may be generated from accidental spills, mishandling of containers, and other such activity; and

(2) to minimize the possibility of a fire, explosion, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil, or surface water, which could threaten human health or the environment, as required by 40 C.F.R. § 264.31.

II.B. REQUIRED NOTICE

II.B.1. When the Permittee is to receive hazardous waste from an off-site source, the Permittee must inform the generator in writing that the Permittee has the appropriate permit(s) for, and will accept the waste the generator is shipping.

The Permittee must keep a copy of this written notice for each generator as part of the operating record, in accordance with 40 C.F.R. § 264.12(b), 40 C.F.R.

§ 264.73(b)(7).

The Permittee shall notify each generator identified in Section 2.8 of Attachment 2 of this Permit within thirty

(30) days of the effective date of this Permit, or prior to receipt of hazardous waste from such an off-site source, whichever is sooner, of the hazardous wastes it is permitted to receive and store.

The Permittee shall renotify each generator within one

(1) week after any permit modification to the hazardous waste codes which the Permittee is permitted to receive and store.

II.B.2. The Permittee is prohibited from receiving hazardous waste from a foreign source except during a maritime emergency involving a vessel under a foreign flag.

II.C. GENERAL WASTE ANALYSIS

The Permittee shall comply with the Waste Analysis provisions of 40 C.F.R. § 264.13 and shall implement the procedures of the Waste Analysis Plan, Attachment 2 of this Permit.

II.D. SECURITY

The Permittee shall comply with the security provisions of 40 C.F.R. § 264.14 and shall implement the Security Plan, Attachment 6 of this Permit.

II.E. GENERAL INSPECTION REQUIREMENTS

The Permittee shall comply with the inspection provisions of 40 C.F.R. § 264.15 and shall implement the inspection plan in Attachment 6 of this Permit.

II.F. TRAINING FOR PERSONNEL INVOLVED WITH HAZARDOUS

WASTE MANAGEMENT ACTIVITIES

The Permittee shall comply with the personnel training provisions of 40 C.F.R. § 264.16 and shall implement the training program outlined in Attachment 3 of this

II.G. GENERAL REQUIREMENTS FOR IGNITABLE, REACTIVE, OR

INCOMPATIBLE WASTES

The Permittee shall comply with the requirements of 40 C.F.R. § 264.17 and shall implement the procedures for ignitable, reactive or incompatible wastes in Section 4.1, Waste Analysis Plan, Attachment 2 of this Permit;

Section 5.0, Procedures to Prevent Hazards, Attachment 6 of this Permit; and Section 5.8 of the facility Contingency Plan, maintained at the facility.

II.H. LOCATION STANDARDS

The Permittee shall comply with the location standards of 40 C.F.R. § 264.18.

II.I. PREPAREDNESS AND PREVENTION

The Permittee shall comply with the preparedness and prevention provisions of 40 C.F.R. 264 §§ 31 through 37 and as outlined in Attachments 4B and 7 of this Permit.

II.J. CONTINGENCY PLAN

The Permittee shall comply with the contingency planning requirements of 40 C.F.R. 264 §§ 50 – 56, and shall implement the Contingency Plan, maintained at the facility in accordance with 40 C.F.R. § 264.52(b).

II.K. MANIFEST SYSTEM

The Permittee shall comply with the manifest requirements for the use of a manifest system, manifest discrepancies, and un-manifested waste reporting, in accordance with 40 C.F.R. §§ 264.71, 264.72, and 264.76.

II.L. RECORD KEEPING AND REPORTING

In addition to the record keeping and reporting requirements specified elsewhere in this Permit, the Permittee shall maintain a written operating record at the facility in accordance with 40 C.F.R. § 264.73. The Permittee is exempt from 40 C.F.R. § 264.73(b)(8) for closure cost estimates, in accordance with 40 C.F.R.

§ 264.140.

II.M. CLOSURE AND POST-CLOSURE

II.M.1. Performance Standard:

The Permittee shall close the storage unit, as required by 40 C.F.R. § 264.111 and in accordance with the Closure Plan, Attachment 4B of this Permit.

II.M.2. Amendment to Closure Plan:

The Permittee shall modify the Closure Plan in writing, in accordance with 40 C.F.R. § 264.112(c), whenever new information would more accurately characterize the manner in which the Permittee intends to close the hazardous waste storage unit. The Administrator may determine that cause exists to modify the Closure Plan at any time, in accordance with 40 C.F.R. § 270.41.

II.M.3. Notification of Closure:

The Permittee shall notify the Administrator in writing at least forty-five (45) days prior to the date on which the Permittee expects to begin closure as required by 40 C.F.R. § 264.112(d).

II.M.4. Time Allowed For Closure:

After receiving the final volume of hazardous waste, the Permittee shall remove from storage all hazardous waste and shall complete closure activities, in accordance with 40 C.F.R. § 264.113; and the Closure Plan, Attachment 4B of this Permit.

II.M.5. Disposal or Decontamination of Equipment, Structures, and Soils:

The Permittee shall decontaminate and/or remove and dispose of all contaminated equipment, structures, and soils, as required by 40 C.F.R. § 264.114, 40 C.F.R. § 264.178, and the Closure Plan, Attachment 4B of this Permit.

II.M.6. Certification of Closure:

The Permittee shall certify that the hazardous waste storage unit has been closed, in accordance with the specification in the Closure Plan, as required by 40 C.F.R. § 264.115 and 40 C.F.R. § 264.77(b).

II.N. POLLUTION PREVENTION PROGRAM

The Permittee shall comply with the pollution prevention requirements of 40 C.F.R. § 264.73(b)(9).

II.O. EQUIVALENT MATERIALS

Except as required in Permit Condition I.M.4 of this Permit, if certain equipment, materials, procedures, and/or administrative information (such as names, telephone numbers, or addresses) are specified in this Permit, the Permittee is allowed to use an equivalent or superior item. Use of such equivalent or superior items shall not be considered a modification of the permit, but the Permittee shall place a notation of such a revision in the operating record, accompanied by a narrative explanation and the date the revision became effective.

The Administrator may judge the soundness of the revision during inspections of the facility and may require the Permittee to reinstate the equipment, materials, procedures, or administrative information specified in the permit. The format of tables, forms and figures are not subject to the requirements of this Permit and may be revised according to the Permittee's discretion.

II.P. ORGANIC AIR EMISSION REQUIREMENTS

II.P.1. On December 6, 1994, EPA published the final rule for Phase II Organic Air Emissions Standards (40 C.F.R.

Parts 264 and 265, Subpart CC) for hazardous waste treatment, storage, and disposal facilities, including certain hazardous waste generators accumulating waste on-site in RCRA permit-exempt (90-day) tanks and containers.

In general, under these standards air emissions controls must be used for tanks, surface impoundments, containers and miscellaneous units which contact hazardous waste containing an average organic concentration greater than 500 parts per million by weight (ppmw) at the point of origination determined by the procedures outlined in 40 C.F.R. §264.1083(a), except as specifically exempted under 40 C.F.R. §264.1080 and § 264.1082.

II.P.2. Prior to installing or using any additional equipment subject to the requirements of 40 C.F.R. Part 264 Subpart CC, the Permittee shall apply for a permit modification under 40 C.F.R. §270.42 and provide specific Part B information required pursuant to 40 C.F.R. § 270.27, as applicable, with the modification request.

II.P.3. The Permittee shall control air emissions from the Hazardous Waste Container Storage Unit in accordance with provisions of 40 C.F.R. §264.1082 and 40 C.F.R. § 264.1086.

PART III – STORAGE IN CONTAINERS

III.A. WASTE IDENTIFICATION

III.A.1. The Permittee may store the following RCRA hazardous wastes in containers at Base Kodiak, subject to the terms of this Permit:

Location: Building N-48.

Description: [See Attachment 1]

Batteries: lithium, nickel-cadmium, zinc-air primary

Paint slops and waste paints, coatings and thinners Chlorinated and non-chlorinated solvents

Emergency Escape Breathing Device (EEBD) cartridges

Waste fuel and waste oil, and solids contaminated with these materials

Solids and liquids from spill cleanups

Wastes from historical operations at Base Kodiak

Discarded commercial chemical products identified in Part A

Permitted RCRA Waste Codes:

See Part A Application, Attachment 1 of this Permit.

III.A.2. The Permittee may store other discarded commercial chemical products, off-specification species, container residues, and spill residues, as listed in 40 C.F.R. §

261.33 that are not identified in Permit Condition III.A.1, upon satisfying the Permit modification request procedure and receiving approval from the Administrator, as set forth in 40 C.F.R. § 270.42.

The storage of different wastes in containers that require additional or different management practices from those authorized in the Permit shall be considered a Class 3 modification.

The storage of different wastes in containers that do not require additional or different management practices from those authorized in the Permit shall be considered a Class 2 modification.

III.A.3. The Permittee shall manage newly listed or identified wastes in accordance with 40 C.F.R. § 270.42(g).

III.B. CONDITION OF CONTAINERS

III.B.1. If a container holding hazardous waste is not in good condition (e.g. corrosion, apparent structural defects, creases or dents), or if it begins to leak, the Permittee shall transfer the hazardous waste to a container that is in good condition or manage the waste in some other way that complies with the requirements of 40 C.F.R.

Part 264.

III.B.2. The Permittee shall maintain at all times a sufficient number of empty containers, overpack drums, and drip pans at the hazardous waste storage units to comply with Permit Condition III.B.1.

The number of containers are specified in Attachment 5 of this Permit.

III.C. COMPATIBILITY OF WASTE WITH CONTAINERS

The Permittee must use a container made of or lined with materials which will not react with, and are otherwise compatible with, the hazardous waste to be stored, so that the ability of the container to contain the waste is not impaired, as required in 40 C.F.R. § 264.172.

III.D. MANAGEMENT OF CONTAINERS

III.D.1. The Permittee shall always have containers holding hazardous waste closed during storage, except when it is necessary to add or remove waste, as required in 40 C.F.R. § 264.173(a).

III.D.2. The Permittee shall not open, handle, or store hazardous waste in a manner which may rupture a container or cause it to leak, as required in 40 C.F.R. § 264.173(b).

III.D.3. At any time, the Permittee may store a maximum volume of 256 55-gallon (or other sized) drums, or their volumetric equivalent (in gallons) in other sized containers, at the Container Storage Unit identified in Permit Condition III.A.1. This requirement applies regardless of whether the containers hold hazardous waste, non-hazardous waste, or are empty.

III.E. INSPECTION OF CONTAINERS AND CONTAINMENT SYSTEM

III.E.1. The Permittee shall inspect, at least once every seven

(7) days, areas where containers are stored, looking for leaking containers and for deterioration of containers and the containment system caused by corrosion, temperature, and/or other factors, as required in 40 C.F.R. § 264.174.

III.E.2. The Permittee shall document the inspections by maintaining the Inspection Log, as required by 40 C.F.R.

§ 264.15 and described in Attachment 6 of this Permit.

III.E.3. The Permittee shall inspect each container for its integrity prior to handling or moving, as required in 40 C.F.R. § 264.31.

III.F. CONTAINMENT

III.F.1. The Permittee shall maintain and operate the container storage containment system, as designed and described in the attached plans and specifications, Attachment 5 of this Permit, as required in 40 C.F.R. § 264.175.

III.F.2. The Permittee shall operate and maintain the containment system such that the base underlying the containers is free of cracks or gaps and is sufficiently impervious to contain leaks and spills and accumulated precipitation until the collected material is detected and removed, as required in 40 C.F.R. § 264.175(b).

III.F.3. The containment system must have sufficient capacity to contain 10 percent (10%) of the storage capacity of the facility (14,080 gallons) or the capacity of the largest container, whichever is greater, as required in 40 C.F.R. § 264.175(b)(3).

III.F.4. The Permittee shall remove spilled or leaked waste and accumulated precipitation from the sump or collection area in a manner as is necessary to prevent overflow of the collection system and in a manner to keep the containers from contact with the liquids/material in the collection area. The Permittee shall manage the collected material, in accordance with 40 C.F.R. § 264.175(b)(5). If the collected material is a hazardous waste under 40 C.F.R. Part 261, it must be managed in accordance with all applicable requirements of 40 C.F.R.

Parts 262 through 266.

III.G. SPECIAL REQUIREMENTS FOR INCOMPATIBLE WASTE

III.G.1. The Permittee shall separate containers of incompatible wastes, as required by 40 C.F.R. § 264.177 and as described in Section 4.1 of the Waste Analysis Plan, Attachment 2 of this Permit; Section 5.0 of Procedures to Prevent Hazards, Attachment 6 of this Permit; and Section 5.8 of the facility Contingency Plan, maintained at the facility.

III.G.2. Notwithstanding Permit Condition III.G.1, the Permittee shall not place incompatible wastes or incompatible wastes and materials in the same container, nor place hazardous waste in an unwashed container that previously held an incompatible waste or material, as required in 40 C.F.R. § 264.177.

III.G.3. Notwithstanding Permit Condition III.G.1, the Permittee shall separate, or otherwise protect any storage container holding hazardous waste from any incompatible wastes or materials by means of a dike, berm, wall, or other appropriate device, such as an overpack drum, salvage drum, or drip pan, as required in 40 C.F.R. § 264.177.

III.G.4. Notwithstanding Permit Conditions III.A, the Permittee shall not place incompatible wastes, or incompatible wastes and materials in the same bay, unless the Permittee complies with 40 C.F.R. § 264.17(a)-(c) and Permit Conditions II.G.

III.H. PROHIBITIONS OF STORAGE OF RESTRICTED WASTES

III.H.1. The Permittee is prohibited from receiving or storing hazardous wastes restricted from land disposal, unless the conditions required in 40 C.F.R. § 268.50 are met.

III.H.2. The Permittee shall store land disposal restriction (LDR) hazardous waste in tanks or containers on-site solely for the purpose of the accumulation of such quantities of hazardous waste to facilitate proper recovery, treatment, or disposal and each container shall be clearly marked to identify its contents and the date each period of accumulation begins, as required by 40 C.F.R. § 268.50(a)(2).

The Permittee shall not store hazardous waste to circumvent or forestall the treatment requirements of 40 C.F.R. Part 268.

III.H.3. The Permittee shall store LDR wastes for no more than three hundred sixty-five (365) days, unless the Permittee can demonstrate to the satisfaction of the Administrator that such storage is/was solely for the purpose of accumulation of such quantities of hazardous waste as are necessary to facilitate proper recovery, treatment, or disposal, as required in 40 C.F.R. § 268.50(b)&(c).

The Permittee shall provide a written demonstration if the waste has been stored for greater than three-hundred sixty-five (365) days and in accordance with Permit Condition III.H.2.

This three-hundred sixty-five (365) day limitation does not apply to wastes subject to an approved petition, a nationwide variance, or an approved extension, nor to a waste that meets the treatment standard.

III.H.4. The Permittee shall not dilute a land disposal restricted waste, in any manner, in accordance with 40 C.F.R. § 268.3.

III.H.5. The Permittee shall receive from the generator all necessary notices, notifications, and certifications that are required to determine if a waste is restricted from land disposal, in accordance with 40 C.F.R. § 268.7.

III.H.6. The Permittee shall comply with the notice, notification, and certification requirements under 40 C.F.R. § 268.7 when sending waste or treatment residue off-site, in accordance with 40 C.F.R. § 268.7(b)(6).

III.H.7. The Permittee shall keep all copies of each applicable generator's demonstration and certification in the Permittee's operating record when the waste received is subject to a valid certification in accordance with 40 C.F.R. § 264.73(b).

III.H.8. It is the duty of the Permittee to request a modification of this Permit in the event that the Permittee believes any permit condition in Permit Condition III.H prevents the ability of the Permittee to comply with 40 C.F.R.

Part 268, in accordance with 40 C.F.R. § 270.4(a), and 40 C.F.R. § 270.41(a).

PART IV – POST-CLOSURE

IV.A. The permittee shall comply with requirements in 40

C.F.R. §§ 264.228(b), and 264.117 through 264.120 by performing activities included in the Post-Closure Plan, Attachment 4A of this Permit.

IV.B. The period of post-closure care for the regulated units, Sites 3, 6A and 7A, shall be a minimum of thirty (30) years. The post-closure care period extends thirty (30) years from the effective date of this Permit. The Agency will extend the post-closure care period, if necessary, to protect human health or the environment

IV.C. Use of the closed regulated units, located as designated on Figure 1 of this permit, shall not disturb the long-term integrity of the cover or any other components of the containment system, or the function of the facility's monitoring systems, unless the administrator finds that the disturbance:

IV.C.1. Is necessary to the proposed use of the property, and will not increase the potential hazard to human health or the environment; or, IV.C.2. Is necessary to reduce a threat to human health or the environment.

IV.D. No later than sixty (60) days after completion of the established post-closure care period, the permittee shall submit to the administrator, by email, electronic file transfer, or certified mail, a certification that the post-closure care was performed in accordance with the specifications in the approved post-closure care plan. The certification must be signed by the permittee and an independent registered professional engineer.

PART V – CORRECTIVE ACTION FOR CONTAMINATED GROUNDWATER

V.A. CORRECTIVE ACTION…