RCRA Operating Permit CCAFS 4Feb10.pdf.pdf

“More Protection, Less Process” www.dep.state.fl.us

Florida Department of

Environmental Protection Bob Martinez Center

2600 Blair Stone Road

Tallahassee, Florida 32399-2400

Charlie Crist

Governor

Jeff Kottkamp

Lt. Governor

Michael W. Sole

Secretary

February 4, 2010

SENT VIA EMAIL

Thomas.Thoben@patrick.af.mil

Andrew A. Lambert, Lt Col, USAF 45th CE Squadron Commander 1224 Jupiter St, MS 9125 Patrick AFB, FL 32925-3343

SUBJECT: Cape Canaveral Air Force Station

FL2 800 016 121

Operating/ Corrective Action Permit 0070725-HO-005 Brevard County

Dear Lt. Col. Lambert:

Enclosed is Permit Number 0070725-HO-005 to operate container storage and thermal treatment units, and to continue site-wide corrective action. This permit is being issued pursuant to Section 403.722, Florida Statutes (F.S.), and Chapters 62-4, 62-160, 62- 730, and 62-780, Florida Administrative Code (F.A.C.).

This permit is final and effective ("issued") on the date filed with the Clerk of the Department. When the permit is final, any party to the permit has the right to seek judicial review of the permit pursuant to Section 120.68, F.S., by the filing of a Notice to Appeal pursuant to Rule 9.110, Florida Rules of Appellate Procedure, with the Clerk of the Department in the Office of General Counsel, Department of Environmental Protection, 3900 Commonwealth Boulevard, MS #35, Tallahassee, Florida 32399- 3000; and by filing a copy of the Notice of Appeal accompanied by the applicable filing fees with the appropriate District Court of Appeal.

The Notice of Appeal must be filed within thirty (30) days from the date the final permit is issued. If you should have any questions, please contact Merlin D. Russell Jr. at 850- 245-8796 or merlin.russell@dep.state.fl.us.

file://tlhedms/bshw/BSHW/HWR/Kuncicky_D/Cape%20Canaveral%20USAF/2009%20Modification/Thomas.Thoben@patrick.af.mil

Andrew A. Lambert, Lt Col, USAF February 4, 2010 Page Two

Sincerely, Tim J. Bahr, Administrator Hazardous Waste Regulation

TJB/mdr cc (with enclosures):

John Armstrong, DEP Tallahassee. John.Armstrong@dep.state.fl.us Karen Knight, EPA/Region 4, Knight.Karen@epamail.epa.gov Lu Burson, DEP/Orlando, Lu.Burson@dep.state.fl.us Heath Rauschenberger, U.S. Fish & Wildlife Service, heath_rauschenberger@fws.gov Mary Ann Poole, Florida Fish and Wildlife Conservation Commission, maryann.poole@myfwc.com Mayor Rocky Randels, Mayor/Cape Canaveral, rocky-cape@cfl.rr.com Commissioner Chuck Nelson, Brevard County, chuck.nelson@brevardcounty.us mailto:John.Armstrong@dep.state.fl.us mailto:Knight.Karen@epamail.epa.gov mailto:Lu.Burson@dep.state.fl.us file:///C:/Documents%20and%20Settings/tripp_a/Local%20Settings/Temporary%20Internet%20Files/Content.Outlook/IEXOX083/heath_rauschenberger@fws.gov file:///C:/Documents%20and%20Settings/tripp_a/Local%20Settings/Temporary%20Internet%20Files/Content.Outlook/IEXOX083/maryann.poole@myfwc.com mailto:rocky-cape@cfl.rr.com mailto:chuck.nelson@brevardcounty.us

Florida Department of

Environmental Protection Bob Martinez Center

2600 Blairstone Road

Tallahassee, Florida 32399-2400

Charlie Crist

Governor

Jeff Kottkamp

Lt. Governor

Michael W. Sole

Secretary

“More Protection, Less Process” www.dep.state.fl.us

PERMITTEE: I.D. NUMBER: FL2 800 016 121

Cape Canaveral Air Force Station PERMIT/CERTIFICATION NUMBER: 0070725-HO-005

45 CES / CEAN DATE OF ISSUE: FEBRUARY 4, 2010

1224 Jupiter Street, MS 9125 EXPIRATION DATE: March 3, 2015

ATTENTION: COUNTY: Brevard

Andrew A. Lambert, Lt Col, USAF LATITUDE / LONGITUDE: 28°30'30"N / 80°34'00"W 45th

CE Squadron Commander PROJECT: Operation of a Hazardous Waste

Storage Facility, Thermal Treatment Unit and

Continuation of Site Wide Corrective Action

Pursuant to authorization obtained by the Florida Department of Environmental Protection

(FDEP) under the Resource Conservation and Recovery Act [42 United States Code (U.S.C.)

6901, et seq., commonly known as RCRA] and the Hazardous and Solid Waste Amendments of

1984 (HSWA), this permit is issued under the provisions of Section 403.722, Florida Statutes

(F.S.) and Chapters 62-4, 62-160, 62-730, 62-777 and 62-780, Florida Administrative Code

(F.A.C.). This permit replaces expired permit 0070725-HO-002. The above-named Permittee is hereby authorized to perform the work or operate the facility shown on the application dated

August 10, 2009 along with supplemental additional information submitted on September 23, 2009 and October 20, 2009 which are incorporated herein and collectively referred to as the

“permit application.” The “permit application also includes any approved drawing(s), plans, and other documents that are specifically identified and incorporated by reference. The RCRA-regulated units are specifically described as follows:

Corrective Action Units

The Permittee is required to investigate any releases of contaminants to the environment at the facility regardless of the time at which waste was placed in a unit and to take appropriate corrective action for any such releases. Solid waste management units

(SWMUs) and areas of concern (AOCs) identified to date are listed in Appendix A.

Pursuant to 40 Code of Federal Regulations (CFR) 260.10 [as adopted by reference in

Rule 62-730.020(1), F.A.C.], the corrective action requirements of this RCRA permit extend to all contiguous property under the control of the Permittee (see Attachment 1of this permit, a map which demarks the property boundaries of land under the Permittee’s control) and to all contamination that originated from discharges at the contiguous property under control of the Permittee.

PERMITTEE: I.D. NUMBER: FL2 800 016 121

Cape Canaveral Air Force Station PERMIT/CERTIFICATION NUMBER: 0070725-HO-005

45 CES / CEAN EXPIRATION DATE: March 3, 2015

1224 Jupiter Street, MS 9125

Container Storage Units

Facility 44205 and Facility 44200 are Container Storage Units. Hazardous wastes are stored in DOT approved containers for short-term storage prior to manifesting off site for proper treatment and / or disposal or waste recovery. The hazardous wastes permitted for storage are generated from Department of Defense operations.

The waste allowed for storage in Facility 44205 is listed in Attachment 2 of this permit and will consist of ignitable waste, toxic waste, halogenated solvent waste and reactive waste. The maximum number of 55-gallon drums allowed for storage in Facility 44205 will not exceed 200 drums (11,000 gallons). The storage facility has a secondary containment capacity of 5,298 gallons.

The wastes that are permitted for storage in Facility 44200 are listed in Attachment 2 of this permit, and will consist of waste acids and bases. The maximum number of 55-gallon drums of hazardous waste allowed for storage in Facility 44200 will not exceed 64 drums

(3,520 gallons). Facility 44200 will also be used to store PCB waste, which is segregated from the permitted hazardous waste storage area.

If a spill or leak is found during the required weekly inspection or at any other time, the material captured within the contained area will be cleaned up immediately. The waste will be properly containerized and the sump and containment area will be decontaminated as addressed in the permit application. Safety equipment provided in the storage facilities will include, but is not limited to, a fire suppression and alarm system, fire extinguishers, personnel protective equipment, spill control and decontamination equipment.

Open Burn Unit

Low explosives are treated by burning in the Open Burn Unit. The Open Burn Unit consists of two steel burn boxes. The first burn box is 5 ft × 5 ft × 3 ft. The second burn-box is 6 ft × 12 ft × 2.5 ft. Both burn boxes are fabricated from welded 0.5 inch ASTM 36 hot rolled steel plate. The burn-boxes rest on a 2.5 inch thick firebrick pad overlaid on a six inch reinforced 3,000 psi concrete slab. An asphalt pad with a 1% grade drains water away from the firebrick-concrete pad area. When not in use, removable aluminum covers prevent the infiltration of water into the burn box. The treatment is carried out by first placing a combustible layer of wood in the bottom of the burn box. Waste explosives are then added to the pile and additional wood is placed on top. Up to five gallons of diesel fuel is added to the burn box. A six ft long fuse is used to initiate the burn. Twelve hours are required to allow the burn pile to cool to ambient temperature before inspection of the unit is permitted.

The ash and residuals that are generated from open burning are placed in individual containers. If hazardous, the ash and residual material are placed in a satellite

45 CES / CEAN EXPIRATION DATE: March 3, 2015 accumulation drum and disposed of by an off-site contractor through Medical and

Environmental Services Contract (MESC). The non-hazardous material is disposed of through Defense Reutilization and Marketing Office (DRMO), or taken to a permitted solid waste disposal facility.

Open Detonation Unit

High explosives are detonated at the Open Detonation Unit. The Open Detonation Unit is used for fragment producing explosives and consists of a sandy area about 500 feet closer to the beach and east of the Open Burn Unit. The maximum range explosive limit is 100 pounds per event of Class 1.1 non-fragment producing material, or 100 pounds per event of Class 1.1 fragment producing material.

Detonation is carried out either on the ground surface or in a pit, depending upon the size of the item, amount and type of explosive, charge necessary to ensure destruction, and the method of priming. Electric ignition is utilized for positive control. Dual priming blasting caps are used for redundancy. After the Open Detonation Unit can be safely approached the Open Detonation Unit is inspected for any wastes that remain. Waste still containing energetic material is detonated immediately. After detonation and verification of complete treatment, the area is policed in all directions a minimum of 200 feet and any remaining fragments are placed into approved containers for DRMO disposal.

This permit is based on the premise that information and reports submitted by the Permittee prior to issuance of this permit are accurate. Any inaccuracies found in this information or information submitted as required by this permit may be grounds for termination or modification of this permit in accordance with Rule 62-730.290, F.A.C and potential enforcement action.

The facility is located at Cape Canaveral Air Force Station, Florida.

The following documents were used in the preparation of this permit:

1. Response to Second Request for Additional Information dated October 20, 2009.

2. Response to First Request for Additional Information dated September 23, 2009.

3. Application for a Hazardous Waste Facility Permit received August 12, 2009.

4. Operating Permit 70725-HO-002 modification issued on May 26, 2009.

5. Operating Permit 70725-HO-002 issued on October 31, 2005.

6. Application for a Hazardous Waste Facility Permit received August 27, 2004.

45 CES / CEAN EXPIRATION DATE: March 3, 2015

7. Operating Permit 70725-HO-001 issued on November 15, 2002.

8. Operation Permit Renewal Application, Certification, and Permit Fee received on August

30, 2002.

9. Additional information provided for the renewal application received April 10, 2002.

10. 45th Space Wing Installation Restoration Program, Statement of Basis and Land Use

Control Implementation Plans (LUCIPs) dated variously.

11. Operation Permit Renewal Application, Certification, and Permit Fee received on August

30, 2002.

12. Operation Permit Renewal Application, Certification, and Permit Fee received on

September 7, 2001.

13. Additional information provided in response to the First NOD for the renewal application received July 12, 1999.

14. First Notice of Deficiency (NOD) dated May 20, 1999.

15. Operation Permit Renewal Application, Certification, and Permit Fee received on May 4, 1999.

16. Application for a Hazardous Waste Facility Permit dated December 15, 1995, Revision 2

45 CES / CEAN EXPIRATION DATE: March 3, 2015

Table of Contents

PART I - GENERAL AND STANDARD CONDITIONS

PART II - OPERATING CONDITIONS

Part II Subpart A - General Operating Conditions Part II Subpart B - Specific Operating Conditions - Container Storage Units, Facility 44205 and Facility

44200 Part II Subpart C - Specific Operating Conditions - Open Burn and Open Detonation Units Part II Subpart D – Closure Conditions

PART III - POST-CLOSURE CONDITIONS

PART IV - ENVIRONMENTAL MONITORING CONDITIONS

Part IV Subpart A – General Groundwater Monitoring Requirements Part IV Subpart B – Specific Groundwater Monitoring Requirements for the Open Burn and Open

Detonation Units Part IV Subpart C – Specific Soil Monitoring Requirements for the Open Burn and Open Detonation Units

Part IV Subpart D – Soil and Groundwater Cleanup Target Levels

PART V - CORRECTIVE (REMEDIAL) ACTION CONDITIONS

PART VI – REMEDY SELECTION AND IMPLEMENTATION

Part VI Subpart A - General Conditions Part VI Subpart B - Selected Remedies Appendix A - Summary of Facility Sites (Solid Waste Management Units and Areas of Concern) Attachment 1 - Facility Map Attachment 2 - Permitted Waste Codes for Storage Attachment 3 - Typical Reactive Components of Ordnance Attachment 4 - Typical Annual Treatment Quantity Attachment 5 – Open Burn Unit and Open Detonation Unit Waste Management Areas Attachment 6 – Open Burn Unit and Open Detonation Unit Soil Sampling Locations

45 CES / CEAN EXPIRATION DATE: March 3, 2015

PART I - GENERAL AND STANDARD CONDITIONS

1. The terms, conditions, requirements, limitations and restrictions set forth in this permit, are “permit conditions” and are binding and enforceable pursuant to Sections 403.141 and

403.727, F.S. The Permittee is placed on notice that the Department will review this permit periodically and may initiate enforcement action for any violation of these conditions.

2. This permit is valid only for the specific processes and operations applied for and indicated in the approved drawings or exhibits. Any unauthorized deviation from the approved drawings, exhibits, specifications, or conditions of this permit may constitute grounds for revocation and enforcement action by the Department.

3. As provided in Sections 403.087(6) and 403.722(5), F.S., the issuance of this permit does not convey any vested rights or any exclusive privileges. Neither does it authorize any injury to public or private property or any invasion of personal rights, nor any infringement of federal, state, or local laws or regulations. This permit is not a waiver of or approval of any other Department permit that may be required for other aspects of the total project which are not addressed in this permit.

4. This permit conveys no title to land or water, does not constitute State recognition or acknowledgment of title, and does not constitute authority for the use of submerged lands unless herein provided and the necessary title or leasehold interests have been obtained from the State. Only the Trustees of the Internal Improvement Trust Fund may express

State opinion as to title.

5. This permit does not relieve the Permittee from liability for harm or injury to human health or welfare, animal, or plant life, or property caused by the construction or operation of this permitted source, or from penalties therefore; nor does it allow the Permittee to cause pollution in contravention of Florida Statutes and Department rules, unless specifically authorized by an order from the Department.

6. The Permittee shall properly operate and maintain the facility and systems of treatment and control (and related appurtenances) that are installed and used by the Permittee to achieve compliance with the conditions of this permit, as required by Department rules.

This provision includes the operation of backup or auxiliary facilities or similar systems when necessary to achieve compliance with the conditions of the permit and when required by Department rules.

7. The Permittee, by accepting this permit, specifically agrees to allow authorized

Department personnel, upon presentation of credentials or other documents as may be required by law and at reasonable times, access to the premises where the permitted activity is located or conducted to:

45 CES / CEAN EXPIRATION DATE: March 3, 2015

a. Have access to and copy any records that must be kept under conditions of the permit;

b. Inspect the facility, equipment, practices, or operations regulated or required under this permit; and

c. Sample or monitor any substances or parameters at any time or location reasonably necessary to assure compliance with this permit or Department rules.

8. The Permittee shall comply with the following notification and reporting requirements:

a. If, for any reason, the Permittee does not comply with or will be unable to comply with any condition or limitation specified in this permit, the Permittee shall immediately provide the Department with the following information:

(1) A description of and cause of noncompliance; and

(2) The period of noncompliance, including dates and times; or, if not corrected, the anticipated time the noncompliance is expected to continue, and steps being taken to reduce, eliminate, and prevent recurrence of the noncompliance. The Permittee shall be responsible for any and all damages which may result and may be subject to enforcement action by the Department for penalties or for revocation of this permit.

b. Notification of any noncompliance or emergency response including interim source removal, which may endanger health or the environment, including the release of any hazardous waste that may endanger public drinking water supplies or the occurrence of a fire or explosion from the facility which could threaten the environment or human health outside the facility, shall be reported verbally to the Department within 24 hours, and a written report shall be provided within five days. The verbal report shall include the name, address, I.D. number, and telephone number of the facility and its owner or operator; the date, time, and type of incident; the name and quantity of materials involved; the extent of any injuries if any; an assessment of actual or potential hazards; and the estimated quantity and disposition of recovered material.

The written submission shall contain all the elements of the verbal report and:

(1) A description and cause of the noncompliance; and

(2) The expected time of correction if not already corrected, and the steps being taken to reduce, eliminate, and prevent recurrence of the noncompliance.

c. The Permittee shall comply with the “Notices” provisions of Rule 62-780.220, F.A.C.

(1) Prior to performing field activities;

45 CES / CEAN EXPIRATION DATE: March 3, 2015

(2) When contamination beyond the facility boundary is confirmed by laboratory analysis;

(3) When a temporary point of compliance (TPOC) is established beyond the boundary of the source property in conjunction with monitored natural attenuation or active remediation;

(4) Five year annual update to the status of a TPOC; and

(5) Warning signs at facilities where there may be a risk of exposure to the public of environmental media contaminated with hazardous waste.

d. The Permittee shall give written notice to the Department within 15 days of any planned physical alterations or additions that could affect activities covered by this permit. The notice shall include at a minimum, a summary of the planned change, the reason for the planned change, a discussion of the effect(s) the planned change will have on the ability to investigate contamination at or from the contaminated site, and a discussion of the effect(s) the planned change will have on the known or suspected contamination.

e. The Permittee shall revise "Part I - General" of the Application for a Hazardous Waste

Facility Permit [DEP Form 62-730.900(2)(a)] and submit the revised form to the

Department within 30 days of any changes in the Part I information.

f. Biennial report: A biennial report covering facility activities during the previous calendar year shall be submitted by March 1 of each even numbered year.

g. Un-manifested waste report: The Permittee shall submit an un-manifested waste report to the Department within 15 days of receipt of un-manifested waste.

h. Manifest discrepancy report: If a significant discrepancy in a manifest is discovered, the Permittee shall attempt to rectify the discrepancy. If not resolved within 15 days after the waste is received, the Permittee shall immediately submit a letter report, including a copy of the manifest, to the Department.

9. In accepting this permit, the Permittee understands and agrees that all records, notes, monitoring data and other information relating to the construction or operation of this permitted source which are submitted to the Department may be used by the Department as evidence in any enforcement case involving the permitted source arising under the

Florida Statutes or Department rules, except where such use is prescribed by Section

403.111 and 403.73, F.S. Such evidence shall only be used to the extent it is consistent with the Florida Rules of Civil Procedure and appropriate evidentiary rules.

45 CES / CEAN EXPIRATION DATE: March 3, 2015

10. The Permittee agrees to comply with changes in Department rules and Florida Statutes after a reasonable time for compliance; provided, however, the Permittee does not waive any other rights granted by Florida Statutes or Department rules. A reasonable time for compliance with a new or amended surface water quality standard, other than those standards addressed in Rule 62-302.500, F.A.C., shall include a reasonable time to obtain or be denied a mixing zone for the new or amended standard.

11. This permit is transferable only upon written Department approval in accordance with

Rules 62-4.120 and 62-730.290(6) F.A.C., as applicable. The Permittee shall be liable for any non-compliance of the permitted activity until the transfer is approved by the

Department. Before transferring ownership or operation of this facility during the term of this permit, the Permittee must notify the new owner or operator in writing of the requirements of 40 CFR Part 264 and Chapter 62-730, F.A.C.

12. This permit or a copy thereof shall be kept at the work site of the permitted activity. In the event that there is no building or reasonable repository for such a copy at the work site, then the permit or a copy thereof shall be kept at an alternate location agreed to by the department.

13. [Reserved]

14. The Permittee shall comply with the following recordkeeping requirements:

a. Upon request, the Permittee shall furnish all records and plans required under

Department rules. During enforcement actions, the retention period for all records will be extended automatically unless otherwise stipulated by the Department.

b. The Permittee shall hold at the facility or other location designated by this permit records of all monitoring information (including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation) required by the permit; copies of all reports required by this permit;

records of all data used to complete the application for this permit; and all monitoring data required by 40 CFR Part 264 Subparts F and G, and 40 CFR 264.228. These materials shall be retained at least three years from the date of the sample, measurement, report, or application unless otherwise specified by Department rule.

c. Records of monitoring information shall include all required items in Chapter 62-160, F.A.C. These include at a minimum:

(1) The date, exact place, and time of sampling or measurements;

(2) The person responsible for performing the sampling or measurements;

45 CES / CEAN EXPIRATION DATE: March 3, 2015

(3) The dates analyses were performed;

(4) The person responsible for performing the analyses;

(5) The analytical techniques or methods used; and

(6) The results of such analyses.

d. As a generator of hazardous waste, the Permittee shall retain a copy of all notices, certifications, demonstrations, waste analysis data, and other documentation produced to comply with land disposal restrictions (40 CFR Part 268) for at least three years from the date that the waste which is the subject of such documentation was last sent to an on-property or off-property facility for treatment, storage, or disposal, or until remedial activity is completed, whichever date is later. These periods may be extended by request of the Department at any time and are automatically extended during the course of any unresolved enforcement action regarding this facility.

e. The Permittee shall keep a written operating record at the facility, which includes:

(1) The results of any waste analysis;

(2) Copies of hazardous waste manifests for three years;

(3) The results of inspections;

(4) The closure plan, post-closure plan, and remedial action (corrective measures) plans as applicable for each contaminated site, along with cost estimates for each plan;

(5) Inspections of emergency and safety equipment (Condition 25 of this Part);

(6) Biennial reports;

(7) Personnel training records (Part II Subpart A - Condition 3);

(8) The Waste Minimization Program Plan (Part II Subpart A - Condition 8);

(9) Annual certification of waste minimization (Part II Subpart A - Condition 8);

(10) The description and quantity of each hazardous waste [received / generated];

(11) The location of each hazardous waste within the facility and the quantity at location;

45 CES / CEAN EXPIRATION DATE: March 3, 2015

(12) Notices to generators as specified in 40 CFR 264.12(b);

(13) A log of dates of operations and unusual events;

(14) A summary report and details of incidents that require implementation of the contingency plan (Part II Subpart A – Condition 6);

(15) Monitoring and test data for 40 CFR 264 Subparts AA, BB, and CC requirements;

and

(16) Documentation that local officials have refused to enter into preparedness prevention arrangements with the Permittee.

15. Within the timeframe requested by the Department, the Permittee shall furnish any information required by law which is needed to determine compliance with the permit. If the Department’s request does not include a timeframe, the time of response is 30 days. If the Permittee becomes aware the relevant facts were not submitted or were incorrect in the permit application or in any report to the Department, such facts or information shall be corrected promptly.

16. Except as otherwise specifically provided in this permit, all submittals in response to permit conditions shall be provided as described below.

a. One hard and one electronic copy in optical media format shall be sent to:

Environmental Administrator

Hazardous Waste Regulation Section M.S. 4560

Department of Environmental Protection

2600 Blair Stone Road

Tallahassee, Florida 32399-2400

b. In addition to copies sent to the Hazardous Waste Regulation Section in Tallahassee, one hard and one electronic copy of all submittals in response to post-closure or operating permit conditions shall be sent to:

Hazardous Waste Supervisor

Department of Environmental Protection

Suite 232

3319 Maguire Boulevard

Orlando, Florida 32803-3767

17. All documents submitted pursuant to the conditions of this permit shall be accompanied by a cover letter stating the name and date of the document submitted, the number(s) of

45 CES / CEAN EXPIRATION DATE: March 3, 2015 the Part(s) and Condition(s) affected, and the permit number and project name of the permit involved.

18. All documents proposing modifications to the approved permit and involving the practice of engineering must be submitted to the Department for review and be signed, sealed, and certified by a Professional Engineer as required by Chapter 471, F.S. and Rule 62-

730.220(9), F.A.C. All submittals incorporating interpretation of geological data shall be signed and sealed by a Professional Geologist as required by Chapter 492, F.S. and Rule

62-730.220(10), F.A.C. The engineers and geologists must be registered in the State of

Florida unless they are federal employees. This exemption from the registration requirement does not apply to civilian engineers and geologists working under contract for federal agencies.

19. The Department of Environmental Protection’s 24-hour emergency telephone number is

(850) 413-9911 or (800) 320-0519. During normal business hours, the DEP District

Office may be contacted at (813) 632-7600.

20. The following conditions apply to permit modification and revocation of this permit:

a. The Department may modify, revoke, reissue or terminate for cause this permit in accordance with Chapters 62-4 and 62-730, F.A.C. The filing of a request for a permit modification, revocation, 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. The Permittee may submit any subsequent modifications to the Department for approval. The application shall meet the fee requirements of Rule 62-730.293, F.A.C. The Permittee shall submit the application for revisions to the address in Condition 16 of this Part. The Permittee shall submit a copy of the cover letter accompanying the revisions and the fee to:

Florida Department of Environmental Protection

Hazardous Waste Regulation Section

Post Office Box 3070

Tallahassee, Florida 32315-3070

b. The modification fee may also be submitted electronically. However, if the Permittee intends to submit the modification fee electronically, the Permittee shall obtain instructions from the Department on how to submit the renewal fee electronically prior to attempting such submittal and shall follow such instructions in making the electronic fee submittal.

c. All requests for permit modifications shall include an evaluation of the applicability of, and Permitee’s compliance with, the siting criteria of Section 403.7211, F.S. and

Rule 62-730.182, F.A.C.

45 CES / CEAN EXPIRATION DATE: March 3, 2015

21. Prior to 180 calendar days before the expiration of this permit, the Permittee shall submit a complete application for the renewal of the permit on forms and in a manner prescribed by the Department unless post-closure care and all corrective action have been completed and accepted by the Department. If the Permittee allows this permit to expire prior to

Department acceptance of the certification of post-closure and termination of all corrective action, the Permittee must reapply for a permit in accordance with DEP Form 62-

730.900(2), F.A.C. The Permittee shall submit the renewal to the address in Condition 16 of this Part. The Permittee shall submit one copy of the cover letter accompanying the renewal and the fee to:

Florida Department of Environmental Protection

Hazardous Waste Regulation Section

Post Office Box 3070

Tallahassee, Florida 32315-3070

The renewal fee may also be submitted electronically. However, if the Permittee intends to submit the renewal fee electronically, the Permittee shall obtain instructions from the

Department on how to submit the renewal fee electronically prior to attempting such submittal and shall follow such instructions in making the electronic fee submittal.

22. The Permittee shall comply with those sections of 40 CFR Part 124 specified in Rule 62-

730.200(3), F.A.C., 40 CFR Parts 260 through 268, and 40 CFR Part 270 as adopted in

Chapter 62-730, F.A.C., until all operations have ceased and the facility has been closed and released from post-closure care requirements and all facility-wide corrective action requirements.

23. The Permittee shall comply with the security provisions of 40 CFR 264.14 and the facility security provisions contained in Part II.A(4) - Facility Security Information, of the permit application dated December 15, 1995, Revision 2.

24. If this facility is a suspected or confirmed contaminated facility where there may be a risk of exposure to the public, then upon direction from the Department the Permittee must comply with the warning sign requirements of Section 403.7255, F.S., and Rule 62-

730.225(4), F.A.C. The Permittee is responsible for supplying, installing and maintaining the warning signs.

25. The Permittee shall visually inspect the facility emergency and safety equipment in accordance with 40 CFR 264.15. The Permittee shall remedy any deterioration or malfunction discovered by an inspection, in accordance with the requirements of 40 CFR

264.15(c). A schedule for the inspection of the facility emergency and safety equipment must be maintained as the operating record of the facility. Changes, additions, or deletions to the schedule must be approved in writing by the Department.

45 CES / CEAN EXPIRATION DATE: March 3, 2015

26. The Permittee shall comply with the following conditions concerning preparedness and prevention:

a. At a minimum, the Permittee shall have the equipment available at the facility which is described in the Part II.S - Requirements for Equipment, Page of the permit application dated December 15, 1995, Revision 2.

b. The Permittee shall test and maintain the required equipment as necessary to assure its proper operation in time of emergency.

c. The Permittee shall maintain immediate access to an internal communications or alarm system.

d. 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.

e. At a minimum, the Permittee shall maintain aisle space to allow the unobstructed movement of personnel, fire protection, and emergency response equipment to any area of the Facility.

27. The conditions in this permit shall take precedence over the permit application documents where there are differences between those documents and the permit conditions.

28. The Permittee may claim that any information required to be submitted by this permit is confidential in accordance with Rule 62-730.100(3), F.A.C.

29. All work plans, reports and schedules and other documents (“submittals”) required by this permit are subject to approval by the Department prior to implementation. The

Department will review the submittals and respond in writing. Upon written approval by the Department, the Permittee shall implement all work plans, reports and schedules as provided in the approved submittal. If the Department disapproves a submittal, the

Department may:

a. Notify the Permittee in writing of the reason(s) why the submittal does not contain information adequate to support the conclusion, alternative, plan, proposal or recommendation, or why the conclusion, alternative, plan, proposal or recommendation is not supported by the applicable criteria. In this case the Permittee shall submit a revised submittal within 60 days of receipt of the Department’s disapproval; or

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b. Revise the submittal, or approve the submittal with conditions, and notify the

Permittee of the revisions or conditions. In the case of work plans, the Department may notify the Permittee of the start date of the schedule within the revised or conditionally approved work plan.

30. Any dispute resolution will be conducted in accordance with Chapter 120, F.S.

(Administrative Procedure Act), Chapter 28-106, F.A.C. and the Department’s existing rules and procedures.

31. The following conditions apply to land disposal (placement) of hazardous wastes:

a. 40 CFR Part 268 identifies hazardous wastes that are restricted from land disposal and defines those limited circumstances under which an otherwise prohibited waste may continue to be placed on or in a land treatment, storage, or disposal unit. The

Permittee shall maintain compliance with the requirements of 40 CFR Part 268.

Where the Permittee has applied for an extension, waiver, or variance under 40 CFR

Part 268, the Permittee shall comply with all restrictions on land disposal under this

Part once the effective date for the waste has been reached pending final written approval of such application.

b. A restricted waste identified in 40 CFR Part 268 Subpart C may not be placed in a land disposal unit without further treatment unless the requirements of 40 CFR Part 268

Subparts C and/or D are met.

c. The storage of hazardous wastes restricted from land disposal under 40 CFR Part 268 is prohibited unless the requirements of 40 CFR Part 268 Subpart E are met.

32. The Permittee shall implement remedial activities beyond the facility boundary, if there is suspected or confirmed off-property contamination, to protect human health and the environment, unless the Permittee demonstrates to the satisfaction of the Department that, despite the Permittee’s best efforts, as determined by the Department, the Permittee was unable to obtain the necessary permission to undertake such actions. The Permittee shall use all reasonable efforts, including but not limited to correspondence, telephone calls, personal contacts, drafting and redrafting agreements, and payment of a fee, to obtain any access to real property necessary for work to be performed in the implementation of this permit. If necessary access cannot be obtained by the Permittee, or if obtained, is revoked by owners or entities controlling access to the properties to which access is necessary, the

Permittee shall notify the Department within five business days of such refusal or revocation. The Department may at any time thereafter seek to obtain such access as is necessary to implement the terms of this permit. The Permittee shall reimburse the

Department for any damages, costs, or expenses, including expert and attorneys’ fees, that the Department is ordered to pay, or that the Department incurs in connection with its efforts to obtain necessary access to said property. The Permittee shall pay these sums to

45 CES / CEAN EXPIRATION DATE: March 3, 2015 the Department, or arrange a payment schedule with the Department, within 30 days of demand by the Department. The Permittee is not relieved of all responsibility to clean up a release that has migrated beyond the facility boundary where off-property access is denied. On-site measures to address such releases will be determined on a case-by-case basis.

33. The Permittee owns the real property that comprises the Facility. If and when the

Permittee intends to transfer parcels to third parties, the Permittee may drop a parcel from the Facility covered by this permit, and the Department will approve the dropping of the parcel so long as the parcel never contained a contaminated site, or so long as any contamination associated with the contaminated site has been addressed to the satisfaction of the Department. The satisfaction of the Department maybe conditioned on a sale with certain legal restrictions on the future use and/or remedial activity requirements on the parcel being dropped. Even though a parcel is no longer defined as part of the facility as a result of the permit modification (using the minor modification requirements of Rule 62-

730.290(4), FAC), in the unanticipated and improbable event that a previously unknown contaminated site is found on the parcel, and such contamination resulted from activities which occurred prior to the sale, the Permittee will be responsible for any corrective action along with any other persons who may have legal responsibility for the contamination.

34. [Reserved]

35. For any task included in the Department-approved Corrective Action Management Plan

(CAMP) schedule, the schedule in the CAMP takes precedence over the schedule of compliance provided in this permit or Chapter 62-780, F.A.C. If at any time the

Department determines that a requested update to the permit schedule of compliance is appropriate, the CAMP schedule shall be updated to reflect the approved changes. Once the Department has approved the update, the updated CAMP schedule shall replace the existing CAMP schedule and take precedence over the schedule of compliance provided in this permit or Chapter 62-780, F.A.C.

PART II - OPERATING CONDITIONS

Part II Subpart A - General Operating Conditions

1. The Permittee shall notify the Department in writing four weeks prior to receipt of hazardous waste from a foreign source. Notice of subsequent shipments of the same waste from the same foreign source is not required.

2. The owner or operator of a facility that receives hazardous waste from an off-site source

(except where the owner or operator is also the generator) must inform the generator in writing that he has the appropriate permit(s) for, and will accept, the waste the generator is shipping.

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3. Facility personnel must successfully complete the approved training program indicated in

Part II.A(4)(e) - Personnel Training, Page of the permit application dated December 15, 1995, Revision 2, within six months of employment or assignment to a facility or to a new position at the facility. Verification of this training must be kept with the personnel training records and maintained at the facility. Personnel shall not work unsupervised until training has been completed. The training must be reviewed by facility personnel at least annually. The Permittee shall maintain an updated list of personnel handling hazardous waste and their respective job titles at the facility.

4. The Permittee shall maintain and operate the facility to minimize the possibility of 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.

5. Permittee shall comply with the manifest requirements of 40 CFR 264.71 and 264.72. The

Permittee must document the reconciliation of any manifest discrepancies.

6. The Permittee shall comply with the following conditions concerning the Contingency

Plan:

a. The Permittee shall immediately carry out the provisions of the permit application dated December 15, 1995, Revision 2, and follow the emergency procedures described by 40 CFR 264.56, whenever there is a fire, explosion, or release of hazardous waste or hazardous waste constituents which threatens or could threaten human health or the environment. The Permittee shall give proper notification if an emergency situation arises and, within five calendar days, must submit to the Department a written report which includes all information required in Part I Condition 8.(b).

b. The Permittee shall comply with the requirements of 40 CFR 264.53.

c. Within seven calendar days of meeting any criterion listed in 40 CFR 264.54(a), (b) or

(c), the Permittee shall amend the plan and submit the amended plan for Department approval. Any other changes to the plan must be submitted to the Department within seven days of the change. Amendments to the plan must be approved in writing by the

Department. All amended plans must be distributed to the appropriate agencies.

d. The Permittee shall comply with the requirements of 40 CFR 264.55, concerning the emergency coordinator.

7. Sampling and analysis of permitted and new hazardous wastes shall be conducted in accordance with the Waste Analysis Plan contained in O-PLAN 19-14 Waste Analysis

Plan revision dated March 20, 2009.

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a. The Permittee is liable for waste profiles supplied to generators.

b. Prior to acceptance of new waste codes a permit modification is required.

8. The Permittee shall develop and maintain a Waste Minimization Program Plan. The

Permittee shall maintain copies of the certification required by this Condition in the facility operating record for a minimum of three years. The Permittee must certify, no less often than annually, that:

a. The Permittee has a program in place to reduce the volume and toxicity of hazardous waste generated to the degree determined by the Permittee to be economically practicable; and

b. The proposed method of treatment, storage or disposal is the most practicable method available to the Permittee, which minimizes the present and future threat to human health and the environment.

9. In addition to the copies sent to the Hazardous Waste Regulation Section in Tallahassee, one electronic and one hardcopy of all submittals in response to permit conditions in this

Part shall be sent to the district office at the address listed in Part I.16.b.

10. With respect to ignitable and reactive wastes, the Permittee shall comply with 40 CFR

264.17, 264.176, and 264.198. With respect to incompatible wastes, the Permittee shall comply with 40 CFR 264.177 and 264.199.

Part II Subpart B - Specific Operating Conditions - Container Storage Units, Facility 44205 and Facility 44200

1. The Permittee shall not store more than 200 drums (11,000 gallons) in Facility 44205 at any one time. The Permittee shall not store more than 64 drums (3,520 gallons) in Facility

44200 at any one time

2. The Permittee shall only store the hazardous waste listed in Attachment 2 of this permit in the Container Storage Units designated as Facility 44205 and Facility 44200.

3. The Permittee shall maintain and operate the secondary containment structures, including maximum design capacity limits, in accordance with O-PLAN 19-14 - Annex D Waste

Container Management Plan revised on March 20, 2009, and as required by 40 CFR

264.175.

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4. No container of hazardous waste shall remain at the facility for a period longer than one year. It shall be a violation of this permit to put hazardous waste into a different container or to change the label on a container in order to avoid this time limit.

5. Non-hazardous materials managed at Facility 44205 and Facility 44200 shall be managed in a manner consistent with this Subpart.

6. The Permittee shall notify the Department if the volume of material in the container storage areas exceeds the permitted capacity.

7. The Permittee shall not stack containers with capacity over 15 gallons more than two high.

The stacked containers shall be on pallets, with no more than four (4) containers per pallet.

Containers smaller than 15 gallons may be stacked two high per pallet and the pallet may be stacked on a single layer of larger containers.

8. Containers shall be handled in a manner that will prevent container rupture or leakage. If a container holding hazardous waste is not in good condition, or begins to leak, the waste shall be transferred to another container in good condition.

9. The Permittee shall only use containers compatible with the hazardous waste contents.

The Permittee shall not place waste in unwashed containers that have previously held incompatible waste.

10. The Permittee shall ensure that hazardous waste stored at Facility 44205 and Facility

44200 is compatible with the secondary containment systems and liners of the storage areas such that the requirements of 264.17(b) are met.

11. The Permittee shall inspect the integrity of the containment areas to ensure that they are free of cracks and gaps.

12. The Permittee shall contain and clean up spilled or leaked waste as soon as possible, but no later than 24 hours after the release.

13. The Permittee shall not place or store containers in a manner that obstructs inspection or prevents any emergency action.

14. The Permittee shall inspect the container loading / unloading area and the container storage areas at least once weekly looking for leaking containers and for deterioration of containers and containment systems caused by corrosion and other factors following procedures identified in Part II.I(9) - Additional Information (Inspection Schedule) of the permit application dated December 15, 1995, Revision 2 and O-PLAN 19-14 Annex H

Inspection Plan, revised on March 20, 2009.

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15. The Permittee may store non-hazardous materials in the regulated storage areas provided that the Permittee complies with the requirements of 40 CFR 264.175, and:

a. The volume of non-hazardous materials plus all other materials in the Container

Storage Areas do not exceed the capacities specified in Conditions of Part 1;

b. The Permittee maintains the required aisle spacing in the storage area for both the permitted and non-hazardous materials;

c. The Permittee assures non-hazardous materials have labels specifying their contents;

and

d. The Permittee maintains in the facility operating record a written log of any non-hazardous materials stored in the permitted storage areas. The log shall include:

(1) The type and the quantity of non-hazardous materials;

(2) Verification of adequate secondary containment;

(3) Confirmation of appropriate aisle spacing availability; and

(4) Documentation of compatibility of non-hazardous materials and other materials present in the regulated hazardous waste container storage areas.

16. The Permittee shall manage all hazardous waste containers stored at the facility in accordance with the applicable provisions of 40 CFR 264 subpart CC.

17. The Permittee shall ensure that all hazardous waste containers are kept closed with rings tightened and bungholes plugged except when adding or removing waste.

Part II Subpart C - Specific Operating Conditions - Open Burn and Open Detonation Units

1. Operation of the Open Burn Unit and Open Detonation Unit shall be conducted in accordance with the Attachment II.I-1-EOD Range Operation Guidance Document of the permit application dated December 15, 1995, Revision 2.

2. The Permittee shall only thermally treat by open burning and open detonation the hazardous wastes generated from sources located within the facility boundaries demarcated in Attachment 1 of this permit or generated from launch operations conducted at Kennedy Space Center as detailed in O-PLAN 19-14 Annex F Waste Analysis Plan, Page F-7 revised on March 20, 2009.

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3. The Permittee shall only treat the hazardous waste streams listed in Attachments 3 and 4 of this permit. Department approval shall be obtained prior to performing thermal treatment on new waste streams.

4.