1997-02-03-HAFB-RCRA-Permit-for-Open-Detonation-Treatment-Unit.pdf

HAZARDOUS WASTE FACILITY PERMIT 00..

Permittee: U.S. Department of the Air Force ~ ~~

Holloman Air Force Base ( ~~

Identification Number: NM6572124422 Q}{~-q~ Permit Number: NM6572124422-0D ~- OJ/ ' Pursuant to the Solid Waste Disposal Act, as amended by the Resource ~ Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6901, ~ ~), and the New Mexico Hazardous Waste Act, NMSA 1978, Sections 74- 4-1 et seq. Repl. Pamph. 1993), and regulations promulgated thereunder by the New Mexico Environmental Improvement Board (codified and to be codified in the Hazardous Waste Management Regulations [20 NMAC 4 .1]), a Permit is issued to Holloman Air Force Base to operate a hazardous waste Open Detonation Treatment Unit, located 13 miles northwest of the City of Alamogordo, in Otero County, southcentral New Mexico on Latitude 33.010 North, and Longitude 106.091 West.

The Permittee must comply with all terms and conditions of this Permit. This Permit consists of the conditions herein including those in the Attachments. Applicable provisions of regulations cited are those which are in effect on the effective date of this permit, New Mexico Hazardous Waste Management Regulations 20 NMAC 4.1 (Effective November 30, 1995).

This Permit is based on the assumption that all information contained in the Permit Application and the administrative record is accurate and that the facility will be constructed and operated as specified in the application. The permit application consists of information submitted in December, 1995 and supplementary technical documents.

Any inaccuracies found in the submitt~d information may be grounds for the termination, or modification of this. Permit in accordance with 20 NMAC 4.1, Subpart IX, 40 CFR §270.41, §270.42, and §270.43 and for potential enforcement action. ·

This Permit shall become effective thirty days from the date of signature by the Secretary or Designee, and shall remain in effect for ten (10) years in accordance with the New Mexico Hazardous waste Act, Section 74-4-4 unless modified, suspended or revoked under Section 74- 4-4.2 or 20 NMAC 4.1, Subpart IX, 40 CFR §270.41, §270.42, §270.43, or continued in accordance with 20 NMAC 4 .1, Subpart IX, 40 CFR §270. 51, or issued for a duration that is less than the full allowable term in accordance with 20 NMAC 4.1, Subpart IX, 40 CFR §270.50(c).

Signed this s-ri= day of February, 1997.

Holloman Air Force Base Open Detonation Treatment Unit

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TABLE OF CONTENTS

MODULE I GENERAL PERMIT CONDITIONS

Permit Condition

I.A.

I. B.

I. C.

I. D.

I.E.

I.E.l.

I.E.2.

I.E. 3.

I.E.4.

I.E. 5.

I.E. 6.

I.E. 7.

I.E. 8.

I.E. 9.

I.E .10

I.E.ll

I.E .12

I.E.13

I.E.14

Subject

Effect of Permit

Permit Actions

Severability

Definitions

Duties and Requirements

Duty to Comply

Duty to Reapply

Permit Expiration

Need to Halt or Reduce Activity Not a Defense

Duty to Mitigate

Proper Operation and Maintenance

Duty to Provide Information

Inspection and Entry

Monitoring and Records

Reporting Planned Changes

Reporting Anticipated Noncompliance

Certification of Construc tion or Modification

Transfer of Permits

Twenty-Four Hour and Subsequent Reporting

Regulation (20 NMAC 4.1) Page

Subpart IX, §270.4 I-1 §270.30(g)

Subpart IX, §270. 4 (a) I-1 §270.30

Subpart IX I-2

I-2

I-4

Subpart IX, §270.30(a) I-4

Subpart IX, §270 .10 (h) I-4 §270.30(b)

Subpart IX, §270.65 I-4

Subpart IX, §270.30(c) 1-4

Subpart IX, §270.30(d) I-5

Subpart IX, §270.30(e) I-5

Subpart V, §264.74(a) I-5 Subpart IX, §270.30(h)

Subpart IX, §270. 30 (i) I-5

Subpart v, §264. 74 (b) I-6 Subpart IX, §270.30(j)

Subpart IX, §270. 30 (l) I-7

Subpart IX, §270.30{1) I-7

Subpart IX, §270. 30 (l) I-8

Subpart V, §264.12(c) I-8 Subpart IX, §270.30(1)

Subpart IX, §270.30(1) I-8

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Module I GENERAL PERMIT CONDITIONS (Continued)

Permit Condition

I.E .15

I.E .16

I.F

I.G

I.H

I. I

I.J

Subject

Other Noncompliance

Other Information

Signatory Requirement

Reports, Notifications, and Submissions to the Secretary

Confidential Information

Documents to be Maintained at the Facility

Permit Construction

MODULE II GENERAL FACILITY CONDITIONS

II.A

II.B

II.C

II.D

I I.E

II.F

II.G

II.H

II. I

II.J

II.K

II.L

Design and Operation of the Open Detonation Treatment Unit

Required Notices

General Waste Analysis

Security Plan

General Inspection Requirements

Personnel Training

Special Provisions for Handling Ignitable, Reactive, or Incompatible Waste

Preparedness and Prevention

Contingency Plan

Recordkeeping and Reporting

General Closure Requirements

General Post-Closure Requirements ii

Regulation

(20 NMAC 4 .1)

Subpart IX, §270.30(10) I-10

Subpart IX, §270.30(11) I-10

Subpart IX, §270.11 §270.30(k)

Subpart V, §264, Subpart E

Subpart IX, §270.12

Subpart v, §264

Subpart IX, §270

Subpart v, §264.31

Subpart IX, §264.12

Subpart v, §264.13

Subpart V, 264.14

Subpart v, §264.15

Subpart V, §264.16

Subpart v, §264.17

Subpart v, §264.30-37

Subpart v, §264.50-55 subpart v, §264.73 Subpart v, §264.75

Subpart v, §264.111-115

Subpart v, §264.117

I-10

1-10

I-ll

1-11

I-12

II-1

II-1

II-1

II-2

II-3

II-3

II-3

II-4

II-5

II-6

II-7

II-8

MODULE III

Permit Condition

III.A.

III.B.

III.C.

III. D.

III. E.

III.F.

III .G.

III.H.

III. I.

III.J.

III.K.

III .L.

III.M.

III.N.

Holloman Air Force Base Open Detonation Treatment Unit

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TREATMENT OF ENERGETIC WASTES

Subject

Module Highlights

Permitted and Prohibited

Waste Identification

Open Detonation on the Ground

Waste Analysis Plan

Risk Assessment

Inspection Schedules and Procedures

Special Provisions for Handling Ignitable, Reactive, or Incompatible Waste Standard Operating Procedures

Sampling and Analysis for Air and Soil Monitoring

Climatic Characteristics of the OD Unit and Procedures for Protection of Human Health and Environmental Media

Recordkeeping

Ash Management Procedures

Ground Water Monitoring

Air Modeling and Monitoring iii

Regulation Page

(20 NMAC 4 .1)

Subpart IX, §270.14(a) III-1

Subpart V, §264.601(a) III-1

Subpart V, §264.601 III-2

Subpart V, §264.13 III-3

III-3

Subpart v, §264.15 III-4

Subpart V, §264.17, and Subpart V, §264.281-282 III-4

Subpart V, §264.272(c)

Subpart V, §264 0 601 (b) (1)

Subpart v, §264.601(c)

Subpart V, §264.73, and Subpart V, §264.602

Subpart v, §264 Subpart F

Subpart v, §264.601

III-4

III-5

III-5

III-6

III-6

III-6

III-7

Attachment

A

B c

D

E

F

G

H

I

J

K

L

M

N

PERMIT ATTACHMENTS

Holloman Air Force Base Open Detonation Treatment Unit

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Attachment Title Page

Waste Analysis Plan 1-22

Security Plan 1-3

Inspection Schedule 1-4

Personnel Training 1-11

Contingency Plan 1-15

Closure and Post-Closure Care Plan 1-10

Facility Description 1-15

Procedures for Handling Ignitable, Reactive or Incompatible Waste 1-2

Standard Operating Procedures 1-7

Sampling and Analysis Plan 1-35

Environmental Protection 1-12

Recordkeeping 1-2

Air Emissions and Air Quality Assessment 1-12

Permitted Waste Codes:

EPA Permit Application, Part A 1-7 iv

AAQS

ACC

AFB

AFMC

AFSC

AQCR

ASTM

BGS

CES

CFR

coc

COMSEC

DDNP

DQOs

EOD

FML

HMX

HQ

MSL

MS/MSD

NEW

NMAC

NMED

NMHHS

NMWQCCR

OD

OEL

OPSEC

osc

OSHA

PARCC

PETN

PPE

QA/QC

QAPP

RCRA

RDX

RPD

SAP

SVOCs TAPs

TDS

TNT

TO

TSD

USAF

US EPA

UTL

vocs

Holloman Air Force Base Open Detonation Treatment Unit

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List of Acronyms

Ambient Air Quality Standards Air Combat Command Air Force Base Air Force Materiel Command Air Force Systems Command Air Quality Control Regulations American Society for Testing and Materials Below Ground Surface Civil Engineering Squadron Code of Federal Regulations Chain of Custody

Communications Security Dizodinitrophenol Data Quality Objectives Explosive Ordnance Demolition Flexible Membrane Liner Cyclotetramethylenetetranintramine Headquarters Mean Sea Level

Matrix Spike/Matrix Spike Duplicate Net Explosive Weight New Mexico Administrative Code New Mexico Environment Department New Mexico Human Health Standards

New Mexico Water Quality Control Commission

Open Detonation Occupational Exposure Limit Operations Security On-site Coordinator

Regula tions

Occupational Safety and Health Administration Precision, Accuracy, Representativeness, Completeness, and Comparability Pentaerythrite Tetranitrate Personal Protective Equipment Quality Assurance/Quality Control Quality Assurance Project Plans Resource Conservation and Recovery Act Cyclotrimethylenenitramine Relative Percent Difference Sampling and Analysis Plan Semivolatile Organic Compounds Toxic Air Pollutants Total Dissolved Solids Trinitrotoluene Technical Order Treatment, Storage and Disposal United States Air Force U.S. Environmental Protection Agency Upper Tolerance Limit Volatile Organic Compounds v

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MODULE I - GENERAL PERMIT CONDITIONS

A. EFFECT OF PERMIT

The Permittee is allowed to treat on-site1 hazardous waste in accordance with the conditions of this Permit as specified in Module III, Permit Condition B of this Module, in compliance with 20 NMAC 4.1, Subpart V, 40 CFR §264, Subpart I through 0. Any treatment of hazardous waste requiring a permit under the New Mexico Hazardous Waste Management Regulations 20 NMAC 4.1, Subpart V and not specifically authorized in this Permit is prohibited. Subject to 20 NMAC 4.1, Subpart IX, § 270.4, compliance with this Permit generally constitutes compliance, for purposes of enforcement, with the New Mexico Hazardous Waste Act (§§ 74-4-1 et seq. NMSA 1978) and 20 NMAC 4.1, Subparts I,II, III, and IV to the extent the requirement of those Parts are applicable. The Permittee must also comply with all applicable self-implementing provisions imposed by the Resource Conservation and Recovery Act (RCRA) or 20 NMAC 4.1, Subpart VIII. A complete (RCRA) permit consists of this Permit and a U.S. EPA Permit issued under the provisions of the Hazardous and Solid Waste Amendment of 1984 (HSWA) which addresses the portion of the RCRA program for which the State is authorized. Issuance of this Permit does not convey any property rights of any sort or any exclusive privilege; nor does it authorize any injury to persons or property, any invasion of other private rights, or any infringement of state or local laws or regulations. Compliance with the terms of this Permit does not constitute a defense to any order issued or any action brought under Sections 3008(a), 3008(h), 3013, or 7003 of RCRA; Sections 106(a), 104 or 107 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et ~., commonly known as CERCLA) , or any other law providing for protection of public health or the environment. [20 NMAC 4.1, Subpart IX, §§ 270.4 and 270.30(g)]

B. PERMIT ACTIONS

B.1. Permit Modification, Revocation and Reissuance, and Termination

This Permit may be modified, revoked and reissued, or terminated for cause, as specified in 20 NMAC 4.1, 1 See Definition on page 3.

MODULE I

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Subpart IX, §§ 270.41, 270.42, and 270.43. The filing of a request for a permit modification, revocation and reissuance, or termination, or the notification of planned changes or anticipated noncompliance on the part of the Permittee, does not stay the applicability or enforceability of any permit condition. [20 NMAC 4 . 1, Subpart IX, § § 2 7 0 . 4 (a) and 2 7 0 . 3 0 (f) ] .

B.2. Permit Renewal

This Permit may be renewed as specified in 20 NMAC 4.1, Subpart IX, §270.30(b) and Permit Condition E.2.

Review of any application for a Permit renewal shall consider improvements in the state of control and measurement technology, as well as changes in applicable regulations. [20 NMAC 4.1, Subpart IX, 40 CFR §270. 30 (b) .

C. SEVERABILITY

The provisions of this Permit are severable, and if any provision of this Permit, or the application of any provision of this Permit to any circumstance is held invalid, the application of such provision to other circumstances and the remainder of this Permit shall not be affected thereby [20 NMAC 4.1, Subpart X, §1004] .

D. DEFINITIONS

For purposes of this Permit, terms used herein are defined for each module. Terms found in Module I shall have the same meaning as those in 20 NMAC 4.1, Subpart I,40 CFR §260.2, unless this Permit specifically provides otherwise. Terms found in Module II shall have the meaning defined in 20 NMAC 4.1, Subpart I, §260.10, unless the Permit specifically provides otherwise.

Where terms are not defined in the regulations or the Permit, the meaning associated with such terms shall be defined by a standard dictionary reference or the generally accepted scientific or industrial meaning of the term. "Secretary" means the Secretary of the New Mexico Environment Department (NMED) , a designee or authorized representative. "Regional Administrator" means the Regional Administrator of the U.S. Environmental Protection Agency (U.S. EPA), Region 6, or a designee authorized representative (the Secretary of the NMED) . "Permittee" means the United States Department of the Air Force, Holloman Air Force Base (USAFHAFB), Otero County, New Mexico, EPA I.D. Number

NM6572124422.

D.l Facility

Open Detonation Treatment Unit

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Whenever the word "facility" is used anywhere in the Permit text, such usage shall connote the entire complex comprising all contiguous land, and structures, other appurtenances, and improvements on the Permittee's land, as per 20 NMAC 4.1, Subpart I, 40 CFR §260.10.

0.2. Foreign Source

Whenever the words "foreign source" are used in the permit text, it is to be understood to mean hazardous waste generated outside the United States.

0.3. Off-site source

"Off-site source" refers to wastes generated outside the Permittee's facility.

0.4. On-site

Whenever the words "on-site" are used it is to be understood to mean on the same or geographically contiguous property as defined in 20 NMAC 4.1 Subpart I, 40 CFR §260.10.

D.S. Open Detonation

Whenever the words "open detonation" are used it should be understood to mean the disposal of explosives or munitions by propagating a detonation from a disposal charge to the explosives or explosive contained in the munitions under destruction.

0.6. Treatment Unit

Whenever the words "treatment unit" are used in the text, it should be understood to be the approximately 400 feet in diameter (122.0 meters) generally circular portion of the Permittee's facility (shown on the topographic map of figure G-3 ) , where explosive ordnance disposal of waste munitions will be conducted.

E. DUTIES AND REQUIREMENTS

E.1. Duty to Comply

Holloman Air Force Base Open Detonation Treatment Unit

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The Permittee shall comply with all conditions of this Permit, other applicable Federal, State, and Local Laws and Regulations, except to the extent and for the duration such noncompliance is authorized by an emergency Permit. 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; or for denial of a Permit renewal application [20 NMAC 4.1, Subpart IX, §270.30(a)].

E.2. Duty to Reapply

If the Permittee wishes to continue an activity allowed by this Permit after the expiration date of this Permit, the Permittee shall submit a complete application for a new Permit at least 180 days prior to Permit expiration. [20 NMAC 4.1, Subpart IX, §§270 .10 (h) 1 270 • 30 (b)]

E.3. Permit Expiration

Pursuant to 20 NMAC 4.1, Subpart IX, §270.50, this Permit shall be effective for a fixed term not to exceed ten years. As long as NMED is the Permit issuing authority, this Permit and all conditions herein will remain in effect beyond the Permit's expiration date, if the Permittee has submitted a timely, complete application (see 20 NMAC 4.1, Subpart IX, §§270.10, 270.13 through 270.29) and, through no fault of the Permittee, the Secretary has not issued a new Permit (20 NMAC 4.1, Subpart IX, §270.51).

E.4. Need to Halt or Reduce Activity Not a Defense

It shall not be a defense for the Permittee, in an enforcement action that it would have been necessary, to halt or reduce the Permitted activity in order to maintain compliance with the conditions of this Permit [20 NMAC 4.1, Subpart IX, §270.30(c)].

E.5. Duty to Mitigate

Open Detonation Treatment Unit

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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. [20 NMAC 4.1, Subpart IX,§270.30(d)]

E.6. Proper Operation and Maintenance

The Permittee shall at all times properly operate and maintain the OD treatment unit and systems of treatment and control (and related appurtenances) which are installed or used by the Permittee to achieve compliance with the conditions of this Permit. Proper operation and maintenance includes effective performance, adequate funding, adequate operator staffing and training, and adequate laboratory and process controls, including appropriate quality assurance/quality control procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems only when necessary to achieve compliance with the conditions of this Permit [20 NMAC 4.1, Subpart IX, §270.30(e)]

E.7. Duty to Provide Information

The Permittee shall furnish to the Secretary, within a reasonable time, any relevant information which the Secretary 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 Secretary, upon request, copies of records required to be kept by this Permit [20 NMAC 4.1, Subpart V, §264.74(a), and Part IX, §270.30(h)].

E.8. Inspection and Entry

Pursuant to 20 NMAC 4.1, Subpart IX, §270.30(i), the Permittee shall allow the Secretary, or an authorized representative, upon the presentation of credentials and other documents, as may be required by law, inspection and entry privileges authorized by Permit Conditions from E.S.a. through E.S.d.

E. B.a.

E.8.b.

E. B.c.

E. B.d.

Holloman Air Force Base Open Detonation Treatment Unit

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Enter at reasonable times upon the Permittee's premises where the regulated OD treatment unit or activity is located or conducted, or where records must be kept under the conditions of this Permit;

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

Inspect at reasonable times any unit, equipment (including monitoring and control equipment), practices, or operations regulated or required under this Permit.

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.

The Permittee shall be provided the opportunity to obtain split or duplicate samples.

E.9. Monitoring and Records

E.9.a.

E.9.b.

Samples and measurements taken for the purpose of monitoring shall be representative of the monitored activity. The method used to obtain a representative sample of the waste to be analyzed must be described in Permit Attachment A, the Waste Analysis Plan or be approved by the Secretary. Analytical methods must be those specified in Test Methods for Evaluating Solid Waste:

Physical/Chemical Methods SW-846, Standard Methods of Waste Analysis, or an equivalent method, as specified in Permit Attachment A or approved by the Secretary [20 NMAC 4.1, Subpart IX, §270. 30 (j) (1)] .

The Permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports and records required by this Permit, the certification required by 20 NMAC 4 .1, Subpart IX, §264. 73 (b) (9), and records

E.10.

E.11.

E.9.c.

Holloman Air Force Base Open Detonation Treatment Unit

NMED Control Copy of all data used to complete the application for this Permit for a period of at least 3 years from the date of the sample, measurement, report, record, certification, or application. These periods may be extended by request of the Secretary at any time and are automatically extended during the course of any unresolved enforcement action regarding this facility. [20 NMAC 4 .1, Subpart IX, §270.30(j) (2)].

Pursuant to 20 NMAC 4.1, Subpart IX, §2 70. 3 0 ( j) ( 3) , records of moni taring information shall specify:

1. The dates, exact place, and times of sampling or measurements;

ii. The individuals who performed the sampling or measurements;

iii. The dates analyses were performed;

1v. The individuals who performed the analyses;

v. The analytical techniques or methods used; and

vi. The results of such analyses.

Reporting Planned Changes

The Permittee shall give notice to the Secretary, as soon as possible, of any planned physical alterations or additions to the Permitted OD treatment unit. [20 NMAC 4.1, Subpart IX, §270. 30 (1) (1)] .

Reporting Anticipated Noncompliance

The Permittee shall give advance notice to the Secretary of any planned physical changes in the permitted OD treatment unit or activity which may result in noncompliance with permit requirements.

[20 NMAC 4.1, Subpart IX, §270.30(1) (2)].

E.12.

E.13.

E.14.

Holloman Air Force Base Open Detonation Treatment Unit

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Certification of Construction or Modification

The Permittee may not commence treatment of hazardous waste at the OD treatment unit until the Permittee has submitted to the Secretary, by certified mail or hand delivery, a letter signed by the Permittee and a New Mexico registered professional engineer stating that the OD treatment unit has been constructed or modified in compliance with the Permit; and

E.12.a.

E.12.b.

The Secretary has inspected the modified or newly constructed OD treatment unit and finds it is in compliance with the conditions of the Permit; or

The Secretary has either waived the inspection or has not within 15 days notified the Permittee of his intent to inspect. [20 NMAC 4.1, Subpart IX, §270.30(1) (2)]

Transfer of Permits

This Permit is not transferable to any person, except after notice to the Secretary. The Secretary may require modification or revocation and reissuance of the Permit pursuant to 20 NMAC 4.1, Subpart IX, §270.40. Before transferring ownership or operation of the OD treatment unit during its operating life, the Permittee shall notify the new owner or operator in writing in accordance with the requirements of 20 NMAC 4.1, Subpart IX, §270.30(1) (3), and Part V, §264.12(c)

Twenty-Four Hour and Subsequent Reporting

E.14.a. The Permittee shall report to the Secretary any noncompliance which may endanger health or the environment. Any such information shall be reported orally within 24 hours from the time the Permittee becomes aware of the circumstances. The report shall include the following:

E.14.b.

E.l4.c.

Holloman Air Force Base Open Detonation Treatment Unit

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i. Information concerning release of any hazardous waste that may cause an endangerment to public drinking water supplies.

11. Any information of a release or discharge of hazardous waste, or of a fire or accidental explosion at the hazardous waste management OD treatment unit which could threaten the environment or human health outside the hazardous waste management unit.

The description of the occurrence and its cause shall include:

1. Name, address, and telephone number of the owner or operator;

ii. Name, address, and telephone number of the facility;

111. Date, time, and type of incident;

iv. Name and quantity of materials involved;

v. The extent of injuries, if any;

vi. An assessment of actual or potential hazards to the environment and human health outside the facility, where this is applicable; and

vii. Estimated quantity and disposition of recovered material that resulted from the incident.

A written submission shall also be provided within five days of the time the Permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance and its cause; the period(s) of the occurrence including exact dates and times; and, if the

E.15.

E.16.

E.14.d.

Holloman Air Force Base Open Detonation Treatment Unit

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the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent recurrence of the noncompliance. The Secretary may waive the five-day written notice requirement in favor of a written report within 15 days. [20 NMAC 4.1, Subpart IX, §270. 30 (l) (6)] .

If the Contingency Plan is implemented, the Permittee must comply with the reporting requirements listed in the Contingency Plan.

Other Noncompliance

The Permittee shall report all other instances of noncompliance not otherwise required to be reported above, Permit Conditions E.10. through E.15., at the time monitoring reports are submitted. The reports shall contain the information listed in Permit Condition E.14 [20 NMAC 4.1, Subpart IX, §270.30(1) (10)]

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 Secretary, the Permittee shall promptly submit such facts or information. [20 NMAC 4.1, Subpart IX, §270. 30 (l) (11)] .

F. SIGNATORY REQUIREMENT

All applications, reports, or information submitted to or requested by the Secretary, a designee, or authorized representative, shall be signed and certified in accordance with 20 NMAC 4.1, Subpart IX, §270.11 and 270.30(k).

G. REPORTS, NOTIFICATIONS, AND SUBMISSIONS TO THE SECRETARY

All reports, notifications, or other submissions which are required by this Permit to be sent or given to the Secretary or should be sent by certified mail or given to:

RCRA Permits Program Manager

Holloman Air Force Base Open Detonation Treatment Unit

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Hazardous and Radioactive Materials Bureau New Mexico Environment Department 2044 Galisteo P.O. Box 26110 Santa Fe, New Mexico 87502

Telephone Number: (505) 827-1561

Facsimile Number: (505) 827-1544

H. CONFIDENTIAL INFORMATION

In accordance with 20 NMAC 4.1, Subpart IX, §270.12, the Permittee may claim confidential any information required to be submitted by this Permit. Confidential refers to industrial trade secrets and not National Security Confidential.

I. DOCUMENTS TO BE MAINTAINED AT THE FACILITY

The Permittee shall maintain a written operating record of OD activities and laboratory results at the waste management directors office located at the Holloman Air Force Base OD Treatment Unit, in compliance with 20 NMAC 4.1, Subpart V, 264.73, until closure is completed and certified by an independent, New Mexico registered professional engineer, the following documents and all amendments, revisions and modifications to these documents:

1. Waste Analysis Plan, as required by 20 NMAC 4.1, Subpart V, §264.13 and this Permit.

2. Inspection schedules, as required by 20 NMAC 4.1, Subpart V, §264.15(b) (2) and this Permit.

3. Personnel training documents and records, as required by 20 NMAC 4.1, Subpart V, §264.16(d) and this Permit.

4. Contingency Plan, as required by 20 NMAC 4.1, Subpart V, §264.53(a) and this Permit.

5. Operating record, as required by 20 NMAC 4.1, Subpart V, §264.73 and this Permit.

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6. Closure Plan, as required by 20 NMAC 4.1, Subpart V, §264.112(a) and this Permit.

7. Contingency Post-Closure Plan as per 20 NMAC 4.1, Subpart V, §264.310 and this Permit, in case the Permittee is unable to demonstrate clean closure.

8. Procedures for Limiting air Emissions, as required by 20 NMAC 4.1, Subpart V, §264.601(c); and Part IX, §270.23(c) and this Permit.

J. PERMIT CONSTRUCTION

J.1. Citations

Whenever paragraphs of this Permit or of the Hazardous Waste Management Regulations are cited, such citations include all subordinate sections of the cited paragraph. When subordinate sections are cited, such citations include all subsections of the cited paragraphs. All such citations shall be considered an inclusion by reference to this Permit in accordance with 20 NMAC 4.1, Subpart IX.

J.2. Gender

Whenever the pronoun "he" is used in reference to the Secretary of the New Mexico Environment Department or the Permittee, it is to be read as "she" in any instance where the person of the reference is female.

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MODULE II - GENERAL FACILITY CONDITIONS

A. DESIGN AND OPERATION OF OPEN DETONATION TREATMENT UNIT

The Permittee shall construct, maintain, and operate the OD treatment unit to minimize the possibility of a fire, explosion, or any unplanned, sudden or nonsudden release of hazardous waste to air, soil, ground water or surface water which could threaten human health or the environment, as described in Permit Attachment G, in accordance with the requirements of 20 NMAC 4.1, Subpart V, §264.31.

B. REQUIRED NOTICES

B.1. Hazardous Waste Imports

This permit does not allow the Permittee to accept wastes from a foreign source. If the Permittee is to receive hazardous waste from a foreign source, he shall apply and receive a permit modification in accordance with 20 NMAC 4.1, Subpart IX, §270.41 or § 270.42 prior to accepting such waste.

B.2. Hazardous Waste from Off-Site Sources

"Off-site source'' refers to wastes generated by sources other than the Permittee or its contractor(s) operating on-site. When the permittee is to receive hazardous waste from an off-site source, he must apply for permit modification in compliance with the requirements of 20 NMAC 4.1, Subpart IX, §270.41 or § 270.42 prior to accepting such waste.

C. GENERAL WASTE ANALYSIS

The Permittee shall follow the waste analysis procedures required by 20 NMAC 4.1, Subpart V, §264.13, as described in the Waste Analysis Plan, Permit Attachment A. In addition to the proposed soil sampling within and near the OD treatment unit (described in Permit Attachments A and J), the Permittee shall sample to a distance at least 100 feet in radius and to a depth of six (6) inches below ground surface, from the perimeter of the OD treatment unit during initial soil sampling. This sampling activity shall be coordinated with selection of the background samples proposed by the Permittee. This will assist in characterizing the OD treatment unit and its proximity. The

MODULE II

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The Permittee shall verify the analysis of each post-detonation soil sample following each quarterly open detonation event as part of its quality assurance program, in accordance with "The EPA Methods for Evaluating Solid waste: Physical/Chemical Methods, EPA Publication SW-846," or equivalent methods approved by the Secretary. At a minimum, the Permittee shall maintain proper functional instruments, use approved sampling and analytical methods, verify the validity of sampling and analytical procedures, and perform correct calculations. If the Permittee uses a contract laboratory to perform analyses, then the Permittee shall inform the laboratory in writing that it must operate under the waste analysis conditions set forth in this Permit.

D. SECURITY PLAN

The Permittee shall comply with the security provisions of 20 NMAC 4.1, Subpart V, §264.14(b) and §264.14(c) as described in Permit Attachment B.

Barriers and Means to control Entry

The Permittee shall maintain a barrier and a means to control entry in compliance with 20 NMAC 4.1, Subpart V, §264 .14 (b) (2).

A three-strand barbed-wire fence shall be built around the OD area to prevent unauthorized personnel and wild life from gaining access to the OD unit. Access to the open detonation unit shall be only through the current roadway barrier that is manned by armed security guards. This will serve to prevent access to the OD treatment unit by unauthorized personnel.

Warning Signs

Warning signs both in English and Spanish, for example:

DANGER, NO UNAUTHORIZED PERSONNEL, KEEP OUT 11

, AND 11 PELIGRO,

NO PERMITIDA LA ENTRADA SIN AUTORIZACION, 11 shall be posted at the road entry point and where the perimeter approaches roads or active areas. The signs must be written in English and Spanish and must be legible from a distance of 25 feet (8 meters) and shall also be seen from any approach to the facility. In addition, the warning signs shall be posted at

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300-foot (91-meter) intervals around the OD Range perimeter in accordance with 20 NMAC 4.1, Subpart V, 40 CFR §264 .14 (c) .

E. GENERAL INSPECTION REQUIREMENTS

The Permittee shall follow the inspection schedule set out in Permit Attachment C. The Permittee shall remedy any deterioration or malfunction discovered by an inspection, as required by 20 NMAC 4.1, Subpart V, §264.15(c). Records of inspection shall be kept, as required by 20 NMAC 4.1, Subpart V, §264 .15 (d) .

F. PERSONNEL TRAINING

The Permittee shall conduct personnel training, as required by 20 NMAC 4.1, Subpart V, §264.16. This training program shall follow the attached outline, Permit Attachment D. The Permittee shall maintain training documents and records, as required by 20 NMAC 4.1, Subpart V, §264.16(d) and (e).

G. SPECIAL PROVISIONS FOR HANDLING IGNITABLE, REACTIVE, OR

INCOMPATIBLE WASTE

G.1. Handling of Reactive Waste

The Permittee shall comply with the requirements of 20 NMAC 4.1, Subpart V, §264.17(a). The Permittee shall also follow the procedures for handling ignitable, reactive, and incompatible wastes set forth in applicable parts of 20 NMAC 4.1, Subpart V §264, Subpart I, and the procedures specified in Permit Attachments Hand I.

G.2. Container Management

The Permittee shall not place hazardous waste in unwashed containers that previously held incompatible waste or material in accordance with 20 NMAC 4.1, Subpart V §264.177(b).

H.

G.3. Hazardous Waste Storage

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The Permittee shall follow the procedures for assuring that pyrotechnics/ explosives 1 and propellant materials subject to treatment at the OD unit are not stored for greater than 90 days after they have been declared hazardous waste/ in compliance with 20 NMAC 4.1 1

Subpart III 1 §262.34 1 and the procedures specified in Permit Attachment A 1 Waste Analysis Plan.

PREPAREDNESS AND PREVENTION

H.1. Required Equipment

At a minimum/ the Permittee shall maintain at the EOD Team Office the equipment set forth in the Contingency Plan/ Permit Attachment E 1 as required by 20 NMAC 4.1 1

Subpart V 1 §264.32.

H.2. Testing and Maintenance of Equipment

The Permittee shall test and maintain the equipment specified in Permit Condition H.1 1 as necessary/ to assure its proper operation in time of emergency 1 as required by §20 NMAC 4.1 1 Subpart V1 40 CFR 264.33.

H.3. Access to Communications or Alarm System

The Permittee shall maintain access to the communications or alarm system 1 as required by 20 NMAC

4.1 1 Subpart V1 §264.34.

H.4. Time to Conduct Open Detonation

The Permittee shall conduct Open detonation activities only between the hours of 7:00 am and 5:00 pm. No OD operations shall be conducted at night.

H.5. Weather Conditions

The Permittee shall not carry out OD operations when the wind speed exceeds 15 miles per hour (24 kilometers per hour) . In addition 1 No OD activities shall be permitted if an electrical storm is within 10 miles of the 20 1 000 pound OD treatment unit.

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H.6. The Permittee shall not carry out Open Detonation activities on any day when a thunderstorm is imminent or is within ten (10) miles (16 km) of the OD Treatment Unit.

H.7. The Permittee shall not conduct Open Detonation activities during a snow storm.

H.B. The Permittee shall not conduct Open Detonation practices during a dust storm or sand storm.

H.9. The Permittee shall not conduct Open Detonation when there is a range fire.

H.10. Arrangements with Local Authorities

The Permittee shall maintain arrangements with state and local authorities, as required by 20 NMAC 4.1, Subpart V, 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.

H.11. Hazardous Waste Inventory

The Permittee will maintain, in an accessible location, a current inventory showing type, location, and quantity of all hazardous waste in storage that will be subject to treatment within 90 days. NMED does have a need and right to know the type, location and quantity of all Explosive/Reactive Hazardous waste.

I. CONTINGENCY PLAN

I.1. Implementation of Plan

The Permittee shall immediately carry out the provisions of the Contingency Plan, Permit Attachment E, whenever there is an accidental fire, explosion, or release of hazardous waste or constituents which could threaten human health or the environment in accordance with 20 NMAC 4.1, Subpart V, 40 CFR §264.51.

I.2. Copies of Plan

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The Permittee shall maintain and distribute copies of the Contingency Plan in accordance with the requirements of 20 NMAC 4.1, Subpart V, 40 CFR §264.53.

I.3. Amendments to Plan

The Permittee shall review and immediately amend, if necessary, the Contingency Plan, as required by 20 NMAC 4.1, Subpart V, 40 CFR §264.54.

I.4. Emergency Coordinator

A trained emergency coordinator shall be available at all times in case of an emergency, in compliance with 20 NMAC 4.1, Subpart V, 40 CFR §264.55. He must implement the requirements of 20 NMAC 4.1, Subpart V, 40 CFR §264.56.

J. RECORDKEEPING AND REPORTING

In addition to the recordkeeping and reporting requirements specified elsewhere in this Permit, the Permittee shall do the following:

J.1. Operating Record

The Permittee shall maintain a written operating record of OD activities at the 20,000 pound open Detonation Treatment unit in accordance with 20 NMAC 4.1, Subpart

V, 40 CFR §264.73.

J.2. Biennial Report

The Permittee shall comply with the biennial reporting requirements of 20 NMAC 4.1, Subpart V, 40 CFR §264.75.

J.3. Personnel and Telephone Number Changes

The Permittee shall inform the NMED Secretary of changes in their management personnel, when a new officer replaces the current contact person. In addition, the Permittee shall keep the Secretary informed about any changes in its telephone numbers within 10 calendar days of the change in numbers. This updated information Permit Condition will not require a Class I Permit Modification.

K. GENERAL CLOSURE REQUIREMENTS

K.1. Performance Standard

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The Permittee shall close the OD treatment unit as required by 20 NMAC 4.1, Subpart V, 40 CFR §264.111 and in accordance with the Closure Plan contained in Permit Attachment F.

K.2. Amendment to Closure Plan

The Permittee shall amend the Closure Plan, ln accordance with 20 NMAC 4.1, Subpart V, 40 CFR §264.112(c), whenever necessary.

K.3. Notification of Closure

The Permittee shall notify the Secretary in writing at least 60 days prior to the date on which he expects to begin closure of the OD treatment unit or final closure of the OD treatment unit, as required by 20 NMAC 4.1, Subpart V, 40 CFR §264.112(d)

K.4. Time Allowed For Closure

After receiving the final volume of hazardous waste, the Permittee shall treat, remove from the unit and dispose of at a permitted site all hazardous waste and shall complete closure activities, in accordance with 20 NMAC 4.1, Subpart V, 40 CFR §264.113 and the schedules specified in the Closure Plan, Permit Attachment F or as amended by the requirement of Permit Condition L.2.

K.5. Disposal or Decontamination of Equipment, Structures, and Soils

The Permittee shall decontaminate or dispose of all contaminated equipment, structures, and soils, as required by 20 NMAC 4.1, Subpart V, §264.114 and the Closure Plan, Permit Attachment F.

K.6. Certification of Closure

The Permittee shall certify that the OD treatment unit has been closed in accordance with the specifications in the Closure Plan, as required by 20 NMAC 4.1, Subpart V, §264.115. The certification shall be signed by the Permittee and a New Mexico independently registered professional engineer.

L. GENERAL POST-CLOSURE REQUIREMENTS

L.1. Post-Closure Care Period

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The Permittee shall begin post-closure care for the Open Detonation Treatment Unit after completion of closure/ when NMED has determined that the Permittee could not achieve clean closure at the OD Treatment unit. Post-closure care of the unit shall continue for 30 years after that date/ in accordance with 20 NMAC

4.1 1 Subpart V/ 40 CFR §264.117 and the Post-Closure Plan contained in Permit Attachment F.

L.2. Amendment to Post-Closure Plan

The Permittee shall amend the Post-Closure Plan in accordance with 20 NMAC 4.1 1 Subpart V1 40 CFR §264.118(d) 1 whenever necessary.

L.3. Post-Closure Notices

No later than 60 days after certification of closure of the OD unit 1 the Permittee shall submit records of the type 1 location/ and quantity of hazardous waste disposed of within the OD unit 1 in accordance with 20 NMAC 4.1 1 Subpart V1 40 CFR §264.119(a)

L.4. Post-Closure Permit Modification

The Permittee shall request and obtain a Permit modification prior to post-closure removal of hazardous wastes 1 hazardous waste residues/ liners/ or contaminated soils/ in accordance with 20 NMAC 4.1 1

Subpart V1 40 CFR §264.119(c).

L.5. Certification of Completion of Post-Closure Care

The Permittee shall certify that the post-closure care period was performed in accordance with the specifications in the Post-Closure Plan/ as required by 20 NMAC 4.1 1 Subpart V 40 CFR §264.120.

MODULE III

Open Detonation Treatment Unit

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TREATMENT OF ENERGETIC WASTES

A. MODULE HIGHLIGHTS

This module contains a general description of the requirements for permitted and prohibited waste identification, the design plan of the Open Detonation Treatment Unit, and the standard operating procedures. Also included are the conditions for the amount of waste munitions that the Permittee will be allowed to be treat, how the wastes are to be handled prior to OD activities, the sampling and analysis plan for the potentially contaminated soil following OD operations, and the procedures for limiting air emissions. Further, the climatic conditions, risk assessment, and methods of protecting the environmental media are stipulated.

B. PERMITTED AND PROHIBITED WASTE IDENTIFICATION

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B.3.

The Permittee may Open Detonate only the wastes listed in Permit Attachment N (i.e., EPA Part A Hazardous Waste Permit Application: Permitted Waste Codes and Maximum Treatment Quantities) and in Permit Attachment A, Waste Analysis Plan. The Permittee is prohibited from treating Radioactive Nuclear Waste, Mixed Waste, and Polychlorinated Biphenyls (PCBs) . All treatment shall consist of explosive Open Detonation only.

The Permittee is prohibited from treating hazardous waste that is not identified in Permit Condition B.l. of this Module, including shipping and storage containers for waste explosives. The amount of waste munitions to be open detonated shall not exceed 450,000 pounds Net Explosive Weight (NEW) per calendar year or 4,500,000 pounds NEW for the permitted life of the OD Treatment Unit.

The Permittee shall not Detonate more than 20,000 pounds NEW of waste munitions per explosive event, except in case of an emergency, after receiving authorization from the Secretary, NMED.

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C. OPEN DETONATION ON THE GROUND:

C.l.

C.2.

C.3.

C.4.

C.5.

C.6.

C.7.

C.8.

The Permittee shall maintain and operate the OD Treatment Unit to minimize the possibility of a fire, explosion, or any unplanned, sudden or nonsudden release of hazardous waste constituents to air, soil, or surface water which could threaten human health or the environment, as required by 20 NMAC 4.1, Subpart V, 40 CFR §264.31 and §264.601. The Permittee shall maintain the structures and equipment and follow the design plan described in Permit Attachment G.

The Permittee shall operate and maintain the Open Detonation pits in accordance with the standard operating procedures contained in Permit Attachment I, Standard Operating Procedures.

The Permittee shall operate and maintain the Open Detonation pit in order to minimize air emissions or exposure of people (on-site or off-site) to toxic or hazardous emissions as described in Permit Attachment M.

The Permittee shall operate and maintain the Open Detonation pit in order to minimize noise.

Residues from the Open Detonation pit shall be managed in accordance with Permit Attachment A.

The Permittee shall construct, operate and maintain run-on control systems in accordance with the design plans, specifications, and operating practices contained in Permit Attachments B, in compliance with the requirements of 20 NMAC 4.1 Subpart V, 40 CFR §264.601(a) (1) (3) (4);

(b) ( 2 ) ( 3 ) ( 4 ) and ( c ) ( 4 ) .

The Permittee shall construct, operate and maintain run-off control systems in accordance with the specifications, and operating practices which are described in Permit Attachment G.

The Permittee shall construct protective berms at least 2 feet high on the east and south sides of the OD unit to complement the natural berms that exist on the north and west sides of the pit.

These berms shall be maintained in such a way that

C.9.

C.lO.

Holloman Air Force Base Open Detonation Treatment Unit

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The Permittee shall not allow accumulated precipitation in any portion of the OD pit created by open detonation activities. All standing water shall be removed within 24 hours after a precipitation event. The water thus removed shall be treated as a hazardous waste, if sampling and analysis shows that it contains contaminant constituents beyond the regulatory thresholds.

Trilingual (English, Spanish and Apache) Warning signs shall be posted on all four sides of the Open Detonation Treatment Unit as specified in 20 NMAC 4.1, Subpart V, 40 CFR §264.14(c).

D. WASTE ANALYSIS PLAN

Pre-detonation chemical analysis may not be conducted on the explosive waste munitions due to the inherent hazardous nature of the reactive waste, as explained in Permit Attachment A, Waste Analysis Plan. The Permittee shall therefore characterize the waste munitions using generator supplied acceptable knowledge, published literature, including Material Safety Data Sheets (MSDSs), or equivalent technical information that contains all the chemical composition (and percentages) required to demonstrate that the Facility (HAFB) has acceptable knowledge to verify the inherent danger and "Energetic Potential'' of each waste stream to be detonated.

The Permittee shall carry out the Waste Analysis Plan for post detonation soils as described in Permit Attachment A.

E. RISK ASSESSMENT

The Permittee shall generate Screening Action Levels for current Reference Dose (non-carcinogenic) and/or slope Factor (carcinogen) data listed (in order of preference) in Integrated Risk Information Systems (IRIS) , Health Effects Assessment Summary Tables (HEAST) , or other acceptable EPA sources. This risk assessment shall be done whenever contamination is determined below the soil surface, in excess of 0.01 confidence level. The Permittee must submit an ecological risk assessment to the HRMB for approval prior

NMED Control Copy to conducting its ecological risk assessment. NMED will decide on the cleanup level after reviewing the ecological risk assessment. Final Risk Assessment will be expressed as an aggregate Risk Assessment using EPA's Ecological Assessment of Hazardous Waste Sites (1989)

F. INSPECTION SCHEDULES AND PROCEDURES:

The Permittee shall inspect the OD Treatment Unit in accordance with the inspection schedule presented in Permit Attachment C. These inspections shall also include search for, and the collection of any unexploded ordnance (UXO), metal casings, and related "kickouts". The collected UXOs shall be redetonated immediately after the initial post detonation operation. All UXO metal casings, other metal casings, and fragments shall be placed in appropriate containers, and handled as RCRA hazardous waste. Recovered lead fragments shall also be containerized and handled as hazardous waste.

G. SPECIAL PROVISIONS FOR HANDLING IGNITABLE, REACTIVE, OR

INCOMPATIBLE WASTE

The Permittee shall follow the special procedures for handling ignitable, reactive, and incompatible wastes set forth in Permit Attachment H in compliance with the requirements of 20 NMAC 4.1, Subpart V, 40 CFR §264.17(a).

H. STANDARD OPERATING PROCEDURES

H.1. The Permittee shall operate and maintain the OD Treatment Units in accordance with the operating procedures contained in Permit Attachment I.

H.2. The Permittee shall conduct OD activities only between the hours of 7:00 am and 5:00 pm from Monday through Sunday during any week, except in case of an emergency.

H.3. Under no circumstances shall OD operations be conducted after sunset, or between the hours of 5: pm and 7:00 am during any day or night of the week.

H.4. The Permittee must ensure that not less that two persons are present at the OD unit during any OD operations. No one shall be allowed to conduct OD activities alone.

H.5. The Permittee must carry out OD activities in compliance with the safety precautions contained in the

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Standard Operating Procedures, Permit Attachment I.

I. SAMPLING AND ANALYSIS FOR AIR AND SOIL MONITORING

I.1. The Permittee shall evaluate the potential impact of the air pollutants on human health before, during, and after OD operations by screening and assessment in compliance with 20 NMAC 4.1, Subpart V, 40 CFR §264.601(c) (5), as per U.S. Army Environmental Hygiene Agency Publication and/or U.S. EPA approved models.

I.2. The permittee shall specify the types and schedules of air monitoring required and the instrumentation required, and should include a Sampling and Analysis Plan and present the findings to the NMED Secretary once a year. This shall be conducted when soil sampling indicates the potential of hazardous waste constituents to impact ground water.

I.3. The Permittee shall conduct soil sampling and analysis program in…