CAFB_Final_Perm_as_modified_2-2006.pdf

New Mexico Environment Department Cannon Air Force Base October 2003 Hazardous Waste Facility Permit No.NM7572124454

TABLE OF CONTENTS

PART 1 GENERAL PERMIT CONDITIONS

1.2 PERMIT ACTIONS

1.1 EFFECT OF PERMIT

1.2.1 Term of Permit

1.2.2 Permit Modification, Suspension and Revocation...2

1.2.3 Permit Renewal

1.2.4 Continuation of Expiring Permit

1.3 PERMIT CONSTRUCTION

1.3.1 Citations

1.3.2 Severability

1.4 DEFINITIONS

1.5 DUTIES AND REQUIREMENTS

1.5.1 Duty to Comply

1.5.2 Duty to Reapply

1.5.3 Transfer of Permit

1.5.4 Need to Halt or Reduce Activity Not a Defense

1.5.5 Duty to Mitigate

1.5.6 Proper Operation and Maintenance

1.5.7 Duty to Provide Information

1.5.8 Inspection and Entry

1.5.8.a Entrance to premises 1.5.8.b Access to records 1.5.8.c Inspection 1.5.8.d Sampling

1.5.9 Monitoring and Records

1.5.9.a Representative sampling 1.5.9.b Record retention 1.5.9.c Monitoring records contents

1.5.10 Reporting Requirements

1.5.10.a Reporting planned changes 1.5.10.b Reporting anticipated noncompliance 1.5.10.c Twenty-four hour and subsequent reporting i

1.5.10.c.i Oral report

1.5.10.d Unmanifested waste report 1.5.10.c.ii Written report

1.5.10.e Other noncompliance 1.5.10.f Other information 1.5.10.g Signatory requirement 1.5.10.h Reports, notifications, and submissions to the New Mexico Environment Department 1.5.10.i Confidential information

1.5.11 Compliance Schedules

1.5.12 Property rights

PART 2 CORRECTIVE ACTION

HIGHLIGHTS

CORRECTIVE ACTION FROM RELEASES

2.1 APPLICABILITY

2.1.1 Solid Waste Management Units and Areas of

Concern That Require a RCRA Facility Investigation

2.1.2 Solid Waste Management Units and Areas of

Concern That Require No Further Investigation...13

2.1.3 Newly Discovered Solid Waste Management Units

and Areas of Concern

2.1.4 Contamination That Has Migrated Beyond The

Facility Boundary, If Applicable

2.2 NOTIFICATION AND ASSESSMENT REQUIREMENTS FOR

NEWLY IDENTIFIED SOLID WASTE MANAGEMENT UNITS

AND AREAS OF CONCERN

2.2.1 Notification of Newly Discovered Solid Waste

Management Units and Areas of Concern

2.2.2 Solid Waste Management Unit Assessment Report...14

2.2.3 Requirement to Proceed

2.3 NOTIFICATION REQUIREMENTS FOR NEWLY

DISCOVERED RELEASES FROM SWMUS OR AOCS

2.3.1 Notification of Newly Discovered Releases

2.3.2 Requirement to Proceed

ii

2.4 INTERIM MEASURES

2.4.1.a Interim measures required by the Secretary

2.4.1 Interim Measures Work Plan

2.4.1.b Permittee-initiated interim measures 2.4.1.c Interim Measures Work Plan requirements 2.4.1.d Interim Measures Work Plan approval

2.4.2 Interim Measures Implementation

2.4.2.a Implementation of approved interim measures work plan 2.4.2.b Notification of changes

2.4.3 Interim Measures Reports

2.4.3.a Progress reports 2.4.3.b Interim measures report

2.5 RCRA FACILITY INVESTIGATION

2.5.1 RFI Work Plan

2.5.1.a RFI Work Plan submittal 2.5.1.b RCRA Facility Investigation Work Plan requirements 2.5.1.c RCRA Facility Investigation Work Plan approval by the Secretary

2.5.2 RCRA Facility Investigation Implementation

2.5.3 RCRA Facility Investigation Reports

2.5.3.a RCRA facility investigation report submittal 2.5.3.b Action levels for hazardous waste or constituents 2.5.3.c Requirement to proceed 2.5.3.d Quarterly reports

2.6 CORRECTIVE MEASURES STUDY

2.6.1 Corrective Measures Study Work Plan

2.6.1.a Submittal of Corrective Measures Study Work

Plan 2.6.1.b Corrective Measures Study Work Plan requirements 2.6.1.c Corrective Measures Study Work Plan approval

2.6.2 Corrective Measures Study Implementation

iii

2.6.3 Corrective Measures Study Report

2.6.3.b Corrective measures study report approval 2.6.3.a Submittal of corrective measures study report...22

2.6.3.c Requirement to provide revisions

2.6.4 Remedy Selection

2.7 CORRECTIVE MEASURES IMPLEMENTATION (CMI)

2.7.1 CMI Conceptual Design

2.7.2 CMI Operations and Maintenance Plan

2.7.3 CMI Plans and Specifications

2.7.4 CMI Construction Work Plan

2.7.5 CMI Construction Completion Report

2.7.6 Corrective Measures Completion Report

2.8 MODIFICATION OF THE CORRECTIVE ACTION

SCHEDULE OF COMPLIANCE

2.8.1 Secretary Initiated Modifications

2.8.2 Permittee Initiated Modifications

2.9 WORK PLAN AND REPORT REQUIREMENTS

2.9.1 Work Plans, Reports, and Schedules

Incorporated Into Permit

2.9.2 Approval by the Secretary of Work Plans, Reports, and Schedules

2.9.3 Schedule for Submittals

2.9.4 Submittals to the Secretary

iv

ATTACHMENTS

2 INTERIM MEASURES SCOPE OF WORK

1 SOLID WASTE MANAGEMENT UNIT SUMMARY

3 RCRA FACILITY INVESTIGATION (RFI) SCOPE OF WORK

4 CORRECTIVE MEASURES STUDY (CMS) SCOPE OF WORK

5 CORRECTIVE MEASURES IMPLEMENTATION (CMI) SCOPE OF

WORK

6 SCHEDULE OF COMPLIANCE

7 ACTION LEVELS AND CLEANUP LEVELS

v

PART 1

GENERAL PERMIT CONDITIONS

1.1 EFFECT OF PERMIT

The Secretary of the New Mexico Environment Department (Secretary) issues this permit to Cannon Air Force Base, hereinafter referred to as the Permittee, the owner and operator of a RCRA facility located in Curry County, New Mexico (EPA ID No. NM7572124454). The purpose of this permit is to govern the Permittee's performance of the corrective action activities required, or which may be required, in accordance with Part 2 of this Permit, pursuant to the Hazardous Waste Act (Chapter 74, Article 4 NMSA 1978), and 20.4.1.100 NMAC et seq.

Compliance with this permit during its term constitutes compliance, for purposes of enforcement, with 20.4.1.500 and .800 NMAC, which incorporate 40 CFR parts 264 and 268, only for those management practices specifically authorized by this permit. The Permittee must also comply with 20.4.1.100, .200, .300, and .400 NMAC, which incorporate 40 CFR parts 260, 261, 262, and 263, to the extent the requirements of those Sections are applicable.

The Permittee must also comply with all applicable self-implementing provisions imposed by statute or rule. Compliance with this permit shall not constitute a defense to any order issued or any action brought under Sections 74-4-10.E or 74-4-13 NMSA 1978; RCRA Sections 3008(a), 3008(h), 3013, or 7003 (42 U.S.C. 6928(a) and (h), 6934, and 6973); Sections 104, 106(a), and 107 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA - 42 U.S.C. 9601 et seq.); or any other law providing for protection of public health or the environment. This permit does not convey any property rights of any sort or any exclusive privilege, nor authorize any injury to persons or property, any invasion of other private rights, or any infringement of State or local laws or regulation, pursuant to 20.4.1.900 NMAC, incorporating 40 CFR

270.4 and 270.30(g).

The complete permit consists of Permit Parts 1 and 2 and Permit Attachments 1 through 7, as follows:

Part 1 General Permit Conditions Part 2 Corrective Action

Attachment 1 Solid Waste Management Unit Summary

Attachment 3 RCRA Facility Investigation (RFI) Scope of

Work

Attachment 2 Interim Measures (IM) Scope of Work

Attachment 4 Corrective Measures Study (CMS) Scope of Work Attachment 5 Corrective Measures Implementation (CMI)

Scope of Work Attachment 6 Schedule of Compliance Attachment 7 Action Levels and Cleanup Levels

1.2 PERMIT ACTIONS

1.2.1 Term of Permit

This permit shall be effective for a fixed period of ten (10) years from the effective date of issuance as specified in the permit certificate, pursuant to 20.4.1.900 NMAC, incorporating 40 CFR 270.50(a).

1.2.2 Permit Modification, Suspension and Revocation

This permit may be modified, suspended, or revoked for cause as specified in Section 74-4-4.2 NMSA 1978 and 20.4.1.900 NMAC, incorporating 40 CFR 270.41 through 270.43. The filing of a request by the Permittee for a permit modification, suspension, or revocation, or the notification of planned changes or anticipated noncompliance, shall not stay any permit condition, pursuant to 20.4.1.900 NMAC, incorporating 40 CFR 270.30(f).

1.2.3 Permit Renewal

The Permittee shall renew this permit by submitting an application for a new permit at least 180 calendar days before the expiration date of this permit. In reviewing any application for a permit renewal, the Secretary shall consider improvements in the state of control and measurement technology and changes in applicable regulations, pursuant to 20.4.1.900 NMAC, incorporating 40 CFR 270.10(h) and 270.30(b).

1.2.4 Continuation of Expiring Permit

If the Permittee has submitted a timely and complete application for renewal of this permit pursuant to 20.4.1.900 NMAC, incorporating 40 CFR 270.10 and 270.13 through 270.29, then this permit shall remain in effect until the effective date of the new permit if, through no fault of the Permittee, the Secretary has not issued a new permit on or before the expiration date of this permit, pursuant to 20.4.1.900 NMAC, incorporating 40 CFR 270.51.

1.3.1 Citations

1.3 PERMIT CONSTRUCTION

Whenever provisions of this permit or of 20.4.1 NMAC et seq., incorporating 40 CFR parts 260 through 270 are cited, the citation includes all subordinate provisions of the cited provision paragraphs of this permit or of 20.4.1 NMAC et seq.

When subordinate sections are cited, such citations include all subsections of the cited paragraphs.

If there is a conflict between the language of the Permit Parts and the language of the Permit Attachments, then the language of the Permit Parts shall override the language in the Permit Attachments.

1.3.2 Severability

The provisions of this permit are severable, and if any provision of this permit, or any application of any provision of this permit due to any circumstance is held invalid, then the application of such provision to other circumstances and the remainder of this permit shall not be affected thereby.

1.4 DEFINITIONS

For the purposes of this permit, terms used herein shall have the same meanings as those in the Hazardous Waste Act (Chapter 74, Article 4 NMSA 1978) and the Resource Conservation and Recovery Act of 1976, (RCRA, as amended, 42 U.S.C. 6901 et seq.) and their implementing regulations, unless this permit specifically provides otherwise. Where a term is not defined in the Hazardous Waste Act, RCRA, or pursuant regulations, EPA guidelines or publications, or this permit, the meaning associated with such a term shall be defined by a standard dictionary reference or the generally accepted scientific or industrial meaning of the term.

Action levels, for the purposes of this permit, are health-based concentrations of hazardous waste or constituents determined by the Secretary to be indicators for the protection of human health and/or the environment.

Area of Concern (AOC), for the purposes of this permit, means any area having a probable release of hazardous waste or constituents that is not from a solid waste management unit and which has been determined to pose a current or potential threat to human health or the environment.

Cleanup levels, for the purposes of this permit, are concentrations of hazardous waste or constituents based on excess lifetime cancer risk levels that are consistent with EPA’s National Contingency Plan.

Corrective Measures, for the purposes of this permit, include all corrective action necessary to protect human health and the environment for all releases of hazardous waste or constituents from any solid waste management unit at the Facility, regardless of the time at which waste was placed in the unit, as required under Section 74-4-4.2.B NMSA 1978 and 20.4.1.500 NMAC, incorporating 40 CFR 264.101. Corrective measures may address releases to air, soils, surface water, or groundwater.

Extent of contamination, for the purposes of this permit, is the horizontal and vertical area in which the concentrations of hazardous waste or constituents in the environmental media being investigated are above detection limits or background concentrations indicative of the region, whichever is appropriate, as determined by the Secretary.

Hazardous waste, for the purposes of this permit, means a hazardous waste as defined in section 1004(5) of RCRA and as defined in 20.4.1.100 NMAC, incorporating 40 CFR 260.10 and

20.4.1.200 NMAC, incorporating 40 CFR 261.3.

He means "he" or "she" as appropriate.

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

Secretary means the Secretary of the New Mexico Environment Department or his or her designee or authorized representative.

A solid waste management unit (SWMU), for the purposes of this permit, means any discernable unit or area at the Facility at which solid waste has been placed at any time, and from which the Secretary determines there may be a risk of a release of hazardous waste or constituents, irrespective of whether the unit was intended for the management of solid waste. Placement of solid waste includes one time and accidental events that were not remediated, as well as any units or area at which solid waste has been routinely and systematically placed.

A unit for the purposes of this permit includes, but is not limited to, any container storage area, drain field, transfer station, or recycling unit.

1.5.1 Duty to Comply

1.5 DUTIES AND REQUIREMENTS

The Permittee shall comply with all conditions in this permit, except to the extent and for the duration such noncompliance is authorized in an Emergency Permit, pursuant to 20.4.1.900 NMAC, incorporating 40 CFR 270.61. Any permit noncompliance, except under the terms of an Emergency Permit, constitutes a violation of the Hazardous Waste Act and/or RCRA and may subject the Permittee, its successors and assigns, officers, directors, employees, parents, or subsidiaries, to an administrative or civil enforcement action, including civil penalties and injunctive relief, pursuant to Sections 74-4-10 or 74-10.1 NMSA 1978 or section 3008(a) and (g) of RCRA; to permit modification, suspension, revocation, denial of a permit application or modification request under Section 74-4-4.2 NMSA 1978; or sections 3008(d), (e), or (f) of RCRA; or a combination of the foregoing, pursuant to 20.4.1.900 NMAC, incorporating 40 CFR 270.30(a).

1.5.2 Duty to Reapply

If the Permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, then the Permittee shall apply for and obtain a new permit. The Permittee shall submit a complete application for a new permit at least 180 calendar days before the expiration date of this permit, unless permission for a later date has been granted by the Secretary, pursuant to 20.4.1.900 NMAC, incorporating 40 CFR 270.10(h) and 270.30(b). The Secretary will not grant permission for applications to be submitted later than the expiration date of the existing permit.

1.5.3 Transfer of Permit

The Permittee shall not transfer this permit to any person except after providing notice to the Secretary and receiving approval from the Secretary for this action, pursuant to 20.4.1.900 NMAC, incorporating 40 CFR 270.30(l)(3). The permit may be transferred to a new owner or operator only if the permit has been modified and the new owner submits a revised permit application containing all information requirements, including the financial assurance and disclosure statements required under the Hazardous Waste Act (Chapter 74, Article 4 NMSA). The Secretary may require modification, suspension or revocation of this permit pursuant to

20.4.1.900 and 20.4.1.901 NMAC, incorporating 40 CFR 270.40(b) and 270.41(b)(2).

Before transferring ownership or operation of the Facility the Permittee shall notify the new owner or operator in writing of the requirements of 20.4.1.500 NMAC, incorporating 40 CFR part 264 and 20.4.1.900 NMAC, incorporating 40 CFR part 270, and the Hazardous Waste Act (Chapter 74, Article 4 NMSA), pursuant to

20.4.1.500 NMAC, incorporating 40 CFR 264.12(c) and 20.4.1.900 NMAC, incorporating 40 CFR 270.30(l)(3) and shall provide the Secretary with a copy of this notice.

1.5.4 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, pursuant to 20.4.1.900 NMAC, incorporating 40 CFR 270.30(c).

1.5.5 Duty to Mitigate

In the event of noncompliance with this permit, the Permittee shall take all reasonable steps to minimize releases to the environment, and shall carry out such measures as are reasonable to prevent significant adverse impacts on human health or the environment, pursuant to 20.4.1.900 NMAC, incorporating 40 CFR 270.30(d).

1.5.6 Proper Operation and Maintenance

The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the Permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance includes effective performance, adequate funding, adequate operator staffing and training, and adequate laboratory and process controls, including appropriate quality assurance/quality control procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems only when necessary to achieve compliance with this permit, pursuant to 20.4.1.900 NMAC, incorporating 40 CFR 270.30(e).

1.5.7 Duty to Provide Information

The Permittee shall furnish to the Secretary, within a reasonable time as specified by the Secretary, any relevant information which the Secretary may request to determine whether cause exists for modifying, suspending, or revoking 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 pursuant to 20.4.1.500 NMAC, incorporating 40 CFR 264.74(a) and 20.4.1.900 NMAC, incorporating 40 CFR 270.30(h).

1.5.8 Inspection and Entry

The Permittee shall allow the Secretary, or authorized representatives, upon the presentation of credentials and other documents as may be required by law, the following entry and inspection privileges specified in 20.4.1.900 NMAC, incorporating 40 CFR 270.30(i):

1.5.8.a Entrance to premises

To enter at reasonable times into the Permittee's premises where the regulated facility or activity is located or conducted, or where records must be kept in accordance with this permit;

1.5.8.b Access to records

To have access to and copy, at reasonable times, any records that must be kept in accordance with this permit;

1.5.8.c Inspection

To inspect at reasonable times the facility, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and, 1.5.8.d Sampling

To sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by RCRA and/or the Hazardous Waste Act (Chapter 74, Article 4 NMSA), any substances or parameters at the facility.

Permit Condition 1.5.8 shall not be construed to limit, in any manner, the Secretary's authority under Section 74-4-4.3 NMSA 1978.

1.5.9 Monitoring and Records

1.5.9.a Representative sampling

For purposes of monitoring, the Permittee shall take samples and measurements representative of the monitored activity pursuant to

20.4.1.900 NMAC, incorporating 40 CFR 270.30(j)(1).

The Permittee shall retain records of all ground water monitoring information, including all calibration and maintenance records, copies of all reports and records required by this permit, the waste minimization certification required by 20.4.1.500 NMAC, incorporating 40 CFR 264.73(b)(9), and records of all data used to complete the permit Application for a period of at least three

(3) years from the date of the sample, measurement, report, record, certification, or application, pursuant to 20.4.1.900 NMAC, incorporating 40 CFR 270.30.(j)(2). This period may be extended by request of the Secretary at any time and is automatically extended during the course of any unresolved enforcement action regarding this facility.

1.5.9.b Record retention

1.5.9.c Monitoring records contents

Pursuant to 20.4.1.900 NMAC, incorporating 40 CFR 270.30(j)(3), records of monitoring information shall include:

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

• The names and qualifications of the individuals who performed the sampling or measurements;

• The dates analyses were performed;

• The names and qualifications of the individuals who performed the analyses;

• The analytical techniques or methods used; and,

• The results of such analyses.

1.5.10 Reporting Requirements

1.5.10.a Reporting planned changes

The Permittee shall give notice to the Secretary, as soon as possible, of any planned physical alterations or additions to the facility, pursuant to 20.4.1.900 NMAC, incorporating 40 CFR 270.30(l)(1).

1.5.10.b Reporting anticipated noncompliance

The Permittee shall give advance notice to the Secretary of any planned changes in the facility or in any activities, that may result in noncompliance with permit requirements, pursuant to

20.4.1.900 NMAC, incorporating 40 CFR 270.30(l)(2).

1.5.10.c.i Oral report

1.5.10.c Twenty-four hour and subsequent reporting

The Permittee shall report to the Secretary any noncompliance that may endanger human health or the environment within 24 hours from the time that the Permittee becomes aware of the circumstances, pursuant to 20.4.1.900 NMAC, incorporating 40 CFR 270.30(1)(6)(i). The report shall include the following:

• Information concerning any release of any hazardous waste that may cause an endangerment to public drinking water supplies; and,

• Any information of a release or discharge of hazardous waste, or of a fire or explosion from the facility, that could threaten the environment or human health outside the facility.

• The description of the occurrence and its cause shall include:

- The name, address, and telephone number of the owner or operator;

- The name, address, and telephone number of the facility;

- The date, time, and type of incident;

- The name and quantity of materials involved;

- The extent of injuries, if any;

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

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

1.5.10.c.ii Written report

The Permittee shall submit a written report within 5 calendar days from the time the Permittee becomes aware of the noncompliance, pursuant to 20.4.1.900 NMAC, incorporating 40 CFR 270.30(l)(6)(iii). The written report shall contain the following:

• A description of the noncompliance and its cause;

• The period of the occurrence including exact date and time, and, if the noncompliance has not been corrected, the anticipated time it is expected to continue; and,

• Steps taken or planned to reduce, eliminate, and prevent recurrence of the noncompliance.

1.5.10.d Unmanifested waste report

The Permittee shall submit an unmanifested waste report to the Director within 15 calendar days of receipt of unmanifested waste, pursuant to 20.4.1.900 NMAC, incorporating 40 CFR 270.30(l)(8) and 20.4.1.500 NMAC, incorporating 40 CFR 264.76.

1.5.10.e Other noncompliance

The Permittee shall report all other instances of noncompliance not otherwise required to be reported above under this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Permit Condition 1.5.10.c.ii, pursuant to 20.4.1.900 NMAC, incorporating 40 CFR 270.30(l)(10).

1.5.10.f Other information

Whenever the Permittee becomes aware that he failed to submit any relevant facts in the Permit Application, or submitted incorrect information in the Permit Application or in any report to the Secretary, the Permittee shall promptly submit such facts or information in writing to the Secretary, pursuant to 20.4.1.900 NMAC, incorporating 40 CFR 270.30(l)(11).

1.5.10.g Signatory requirement

The Permittee shall sign and certify all applications, reports, or information submitted to or requested by the Secretary or required by this permit, pursuant to 20.4.1.900 NMAC, incorporating 40 CFR 270.11 and 270.30(k).

1.5.10.h Reports, notifications, and submissions to the New Mexico Environment Department

The Permittee shall submit by certified mail or hand delivery and electronically all reports, notifications, or other submissions that are required by this Permit to be sent or given to the NMED.

The submissions should be sent by certified mail or hand delivered, and also by electronic mail to:

Hazardous Waste Bureau

Manager, RCRA Permits Management Program New Mexico Environment Department

P.O. Box 26110 Santa Fe, New Mexico 87502 2905 Rodeo Park Drive East, Building 1 Santa Fe, New Mexico 87505-6303 Telephone Number: 505-428-2500 Facsimile Number: 505-428-2567

1.5.10.i Confidential information

The Permittee may claim confidentiality for any information required by this permit, to the extent authorized by the Section 74-4-4.3.D NMSA 1978 and 20.4.1.900 NMAC, incorporating 40 CFR 270.12.

1.5.11 Compliance Schedules

The Permittee shall submit reports of compliance or noncompliance with, or any progress reports on, interim and final requirements contained in any compliance schedule of this permit no later than 14 calendar days following each schedule date, pursuant to

20.4.1.900 NMAC, incorporating 40 CFR 270.30(l)(5).

1.5.12 Property rights

This permit does not convey any property rights of any sort, or any exclusive privilege, pursuant to 20.4.1.900 NMAC, incorporating 40 CFR 270.30(g).

PART 2

CORRECTIVE ACTION

HIGHLIGHTS

Part 2 specifies the corrective action requirements that the Permittee shall follow when conducting corrective action for all releases of hazardous waste or constituents from any solid waste management unit (SWMU) or area of concern (AOC) at the Facility, pursuant to Sections 74-4-4.A(5)(h) and 74-4-4.2.C NMSA 1978 and the Resource Conservation and Recovery Act (RCRA), as amended by the Hazardous and Solid Waste Amendments of 1984 (HSWA).

The Environmental Protection Agency (EPA) - Region 6 issued a hazardous waste permit to the Permittee on December 17, 1989 pursuant to the 1984 Hazardous and Solid Waste Amendments to RCRA (HSWA), that required corrective action for releases of hazardous waste or constituents. The State of New Mexico received authorization January 25, 1985 (50 FR 1515) to implement its base hazardous waste management program. On February 8, 1996 the State of New Mexico received final authorization from EPA to administer, implement, and enforce corrective action requirements under RCRA and HSWA. As a result, New Mexico has the primary responsibility for implementing the provisions of RCRA, including the corrective action program.

CORRECTIVE ACTION FROM RELEASES

Sections 74-4-4.A(5)(h), 74-4-4.2 NMSA 1978, and Section 3004(u) of RCRA and their implementing regulations require the Permittee to conduct corrective action as necessary to protect human health and the environment for all releases of hazardous waste or constituents from any solid waste management unit (SWMU) at the facility, regardless of the time at which the waste was placed in the SWMU.

Sections 74-4-4.A(5)(i) NMSA 1978 and 20.4.1.500 NMAC, incorporating 40 CFR 264.101(c) require corrective action beyond the facility boundary where necessary to protect human health and the environment unless the Permittee demonstrates to the satisfaction of the Secretary that, despite the Permittee's best efforts, the Permittee was unable to obtain the necessary permission to undertake such actions.

The Permittee may also be required to take corrective action for releases of hazardous waste or constituents from any SWMU and/or AOC at the Facility, or beyond the facility property boundaries, regardless of when the waste was placed, pursuant to section 3004(u) and 3004(v) of RCRA.

The New Mexico Environment Department acknowledges that the Permittee has already satisfactorily completed some of the work required by this permit. Previously completed work may be used to meet the requirements of this Permit Part and all previously approved submittals are hereby incorporated into this permit.

2.1 APPLICABILITY

The Permittee shall conduct a RCRA facility investigation (RFI) at the solid waste management units (SWMUs) and areas of concern (AOCs) specified below and at any newly discovered SWMUs and AOCs.

2.1.1 Solid Waste Management Units and Areas of Concern

That Require a RCRA Facility Investigation

The SWMUs and AOCs for which the Permittee is required to conduct a RCRA Facility Investigation (RFI) are identified in Table 1 of Permit Attachment 1 (Solid Waste Management Unit Summary). The Permittee shall submit RFI Work Plans within 180 days of the effective date of this permit for the following SWMUs/AOCs:

SWMUs 2, 4, 6, 10, 34, 36, 49, 50, 72, 75, 76, 78, 81, 82, 85, 91, 95, 96, 98, 102, 106, 107, 125, and AOCs A, B, C.

2.1.2 Solid Waste Management Units and Areas of Concern

That Require No Further Investigation

The SWMUs and AOCs for which the Permittee is not required to conduct further investigation at this time are identified in Table 2 of Permit Attachment 1.

2.1.3 Newly Discovered Solid Waste Management Units and

Areas of Concern

The Permittee shall conduct a RFI at any additional SWMUs or AOCs discovered during the course of ground water monitoring, field investigations, environmental audits, or other means. For the purposes of this permit, the terms "discover", "discovery", or "discovered" refer to the date on which the Permittee either visually observes evidence of a new SWMU or AOC, visually observes evidence of a previously unidentified release of hazardous waste or constituents to the environment, or receives information that suggests the presence of a new release of hazardous waste or constituents to the environment.

2.1.4 Contamination That Has Migrated Beyond The

Facility Boundary, If Applicable

The Permittee shall implement corrective actions beyond the facility boundary where necessary to protect human health and the environment, unless the Permittee demonstrates to the satisfaction of the Secretary that, despite the Permittee's best efforts, as determined by the Secretary, the Permittee was unable to obtain the necessary permission to undertake such actions.

The Permittee is not relieved of all responsibility to clean up a release that has migrated beyond the facility boundary where off-site access is denied. On-site measures to address such releases will be determined on a case-by-case basis.

2.2 NOTIFICATION AND ASSESSMENT REQUIREMENTS FOR NEWLY

IDENTIFIED SOLID WASTE MANAGEMENT UNITS AND AREAS

OF CONCERN

2.2.1 Notification of Newly Discovered Solid Waste

Management Units and Areas of Concern

The Permittee shall notify the Secretary in writing of any suspected new SWMU or AOC within 15 calendar days of discovery, in accordance with Permit Condition 2.3. The notification shall include, at a minimum, the location of the SWMU or AOC and all available information pertaining to the nature of the release (e.g., media affected, hazardous waste or constituents released, magnitude of release, etc.). The Secretary may require the Permittee to conduct further assessment (i.e., confirmatory sampling) in order to determine the status of the suspected SWMU or AOC. The Secretary will notify the Permittee in writing of the final determination as to the status of the suspected SWMU or

AOC.

2.2.2 Solid Waste Management Unit Assessment Report

The Permittee shall submit a SWMU Assessment Report (SAR) to the Secretary for each SWMU or AOC identified in accordance with Permit Condition 2.2.1 within 90 calendar days of being notified of the requirement to do so by the Secretary. At a minimum, the SAR shall provide the following information:

• Location of unit(s) on a topographic map of appropriate scale such as required pursuant to

20.4.1.900 NMAC, incorporating 40 CFR

270.14(b)(19);

• Designation of type and function of unit(s);

• General dimensions, capacities and structural description of unit(s) (supply any available plans/drawings);

• Dates that the unit(s) was operated;

• Specification of all wastes that have been managed at/in the unit(s) to the extent available.

Include any available data on hazardous waste or constituents in the wastes; and,

• All available information pertaining to any release of hazardous waste or constituents from such unit(s) (to include ground water data, soil analyses, air, and/or surface water data).

2.2.3 Requirement to Proceed

The Secretary will determine the need for further investigations at the SWMUs or AOCs covered in the SAR based on the results of the SWMU Assessment Report. If the Secretary determines that such investigations are needed, then the Permittee shall submit a RFI Work Plan in accordance with Permit Condition 2.5.1.

2.3 NOTIFICATION REQUIREMENTS FOR NEWLY DISCOVERED

RELEASES FROM SWMUS OR AOCS

2.3.1 Notification of Newly Discovered Releases

The Permittee shall notify the Secretary in writing of any newly discovered release(s) of hazardous waste or constituents discovered during the course of ground water monitoring, field investigations, environmental audits, or other means, within 15 calendar days of discovery. Such newly discovered releases may be from SWMUs or AOCs identified in Permit Condition 2.1.1 or SWMUs or AOCs identified in Permit Condition 2.1.2 for which further investigation was not previously required.

2.3.2 Requirement to Proceed

If the Secretary determines that further investigation of the SWMUs or AOCs is needed, then the Permittee shall submit a RFI Work Plan in accordance with Permit Condition 2.5.1.

2.4.1 Interim Measures Work Plan

2.4 INTERIM MEASURES

2.4.1.a Interim measures required by the Secretary

The Permittee shall submit an Interim Measures (IM) Work Plan in accordance with Permit Attachment 2 (Interim Measures Scope of Work) for interim measures at any SWMU or AOC that the Secretary determines is necessary. Interim measures are actions that are necessary to minimize or prevent the further migration of contaminants and limit actual or potential human and environmental exposure to contaminants while long-term corrective action remedies are evaluated and, if necessary, implemented.

The Permittee shall submit a IM Work Plan including, at a minimum the elements listed in Permit Attachment 2, within 30 calendar days of being required to do so. Interim measures may be conducted concurrently with any required investigations.

2.4.1.b Permittee-initiated interim measures

The Permittee may initiate interim measures at a SWMU or AOC by notifying the Secretary, in writing, at least 30 days prior to implementing the Interim Measures. The Secretary will either conditionally approve the Interim Measures or require the Permittee to submit an IM Work Plan. The Secretary will either comment on or approve the Permittee initiated Interim Measures.

Permittee initiated Interim Measures must follow the progress and final reporting requirements specified in Permit Condition 2.6.3.

2.4.1.c Interim Measures Work Plan requirements

The Permittee shall ensure that any interim measures are designed to mitigate any current or potential threat(s) to human health or the environment and are consistent with, and integrated into, any long-term solution at the facility. The IM Work Plan shall include the interim measures objectives, procedures for implementation (including any designs, plans, or specifications), and schedules for implementation.

2.4.1.d Interim Measures Work Plan approval

The IM Work Plan must be approved by the Secretary, in writing, prior to implementation. The Secretary will specify the start date of the IM Work Plan schedule in the letter approving the IM Work Plan. If the Secretary disapproves the IM Work Plan, then the Secretary will either notify the Permittee in writing of the IM Work Plan's deficiencies and specify a due date for submission of a revised IM Work Plan, revise the IM Work Plan and notify the Permittee of the revisions and the start date of the schedule within the approved IM Work Plan, or conditionally approve the IM Work Plan and notify the Permittee of the conditions.

2.4.2 Interim Measures Implementation

2.4.2.a Implementation of approved interim measures work plan

The Permittee shall implement the interim measures specified in the approved IM Work Plan, in accordance with Permit Condition 2.6.2.

2.4.2.b Notification of changes

The Permittee shall notify the Secretary of any planned changes, reductions or additions to the IM Work Plan within 10 working days.

2.4.3 Interim Measures Reports

2.4.3.a Progress reports

The Permittee shall provide the Secretary with progress reports at least quarterly if the time required for completion of interim measures imposed in accordance with Permit Condition 2.6.1.a or implemented in accordance with Permit Condition 2.6.1.b exceeds one year. The Quarterly Progress Reports shall contain, at a minimum, the following information:

• A description of the portion of the interim measures completed;

• Summaries of findings;

• Summaries of any deviations from the IM Work Plan during the reporting period;

• Summaries of any problems or potential problems encountered during the reporting period; and,

• Projected work for the next reporting period.

2.4.3.b Interim measures report

The Permittee shall submit to the Secretary an Interim Measures (IM) Report within 90 calendar days of completion of interim measures conducted in accordance with Permit Condition 2.6. The IM Report shall contain, at a minimum, the following information:

• A description of interim measures implemented;

• Summaries of all problems encountered;

• Summaries of results;

• Summaries of accomplishments and/or effectiveness of interim measures; and,

• Copies of all relevant laboratory/monitoring data, etc.

2.5 RCRA FACILITY INVESTIGATION

2.5.1 RFI Work Plan

2.5.1.a RFI Work Plan submittal

The Permittee shall submit to the Secretary a RCRA Facility Investigation (RFI) Work Plan for those units identified in accordance with Permit Condition 2.1, within 90 calendar days of notification by the Secretary,.

2.5.1.b RCRA Facility Investigation Work Plan requirements

The Permittee shall submit a RFI Work Plan meeting the requirements of Permit Attachment 3 (RFI Scope of Work). The RFI Work Plan shall include schedules of implementation and completion of specific actions necessary to determine the nature and extent of contamination and the potential pathways of contaminant releases to the air, soil, surface water, and ground water. The Permittee shall provide sufficient justification and associated documentation that a release is not probable or has already been characterized if a unit or a media/pathway associated with a unit (ground water, surface water, soil, subsurface gas, or air) is not included in the RFI Work Plan.

Such deletions of a unit, medium, or pathway from the RFI(s) are subject to the approval of the Secretary. The Permittee shall provide sufficient written justification for any omissions or deviations from the minimum requirements of Permit Attachment 3.

Such omissions or deviations are subject to the approval of the Secretary. In addition, the scope of the RFI Work Plan shall include all investigations necessary to ensure compliance with

20.4.1.500 NMAC, incorporating 40 CFR 264.101(c).

The Permittee shall ensure that the development of the RFI Work Plan and reporting of the associated data are consistent with the latest editions of the following U.S. Environmental Protection Agency (EPA) guidance documents or their equivalents:

• RCRA Facility Investigation Guidance Document, Vols. I-IV (EPA/SW-89-031, May 1989);

• RCRA Ground-Water Monitoring: Draft Technical Guidance (EPA/530-R-93-001, November 1992);

• Test Methods for Evaluating Solid Wastes, Physical/Chemical Methods (EPA publication SW-846, 3rd edition, 1996);

• RCRA Corrective Action Plan, Final (EPA OSWER Directive 9902.3-2A, May 1994); and,

• Handbook of Suggested Practices for the Design and Installation of Ground-Water Monitoring Wells (EPA 600/4-89/034, 1989).

2.5.1.c RCRA Facility Investigation Work Plan approval by the Secretary

The RFI Work Plan must be approved by the Secretary, in writing, prior to implementation. The Secretary will specify the start date of the RFI Work Plan schedule in the letter approving the RFI Work Plan. If the Secretary disapproves the RFI Work Plan, then the Secretary will either notify the Permittee in writing of the RFI Work Plan's deficiencies and specify a due date for submission of a revised RFI Work Plan, revise the RFI Work Plan and notify the Permittee of the revisions and the start date of the schedule within the approved RFI Work Plan, or conditionally approve the RFI Work Plan and notify the Permittee of the conditions.

2.5.2 RCRA Facility Investigation Implementation

The Permittee shall implement the RFI in accordance with the approved RFI Work Plan and Permit Attachment 3. The Permittee shall notify the Secretary at least 20 calendar days prior to any sampling activity, field testing, or field monitoring activity required by this Permit to provide New Mexico Environment Department personnel the opportunity to observe investigation procedures and/or split samples.

2.5.3 RCRA Facility Investigation Reports

2.5.3.a RCRA facility investigation report submittal

The Permittee shall submit RFI Reports to the Secretary for all investigations conducted in accordance with an approved RFI Work Plan and Permit Condition 2.5.1. The Permittee shall submit all RFI Reports to the Secretary for review in accordance with the schedule in the approved RFI Work Plan and/or Permit Attachment 6 (Schedule of Compliance). The Permittee shall submit all required revisions to the RFI Report required by the Secretary within 30 calendar days of receipt of the Secretary's review of the RFI Report.

The Permittee's RFI Report shall include an analysis and summary of all required investigations of SWMUs and AOCs and their results. The summary shall describe the type and extent of contamination at the facility, including sources and migration pathways, identify all hazardous waste or constituents present in all media, and describe actual or potential receptors. The RFI Report shall also describe the extent of contamination (qualitative/ quantitative) in relation to background levels indicative of the area. If the RFI Report is a summary of an initial phase investigation, then the report shall also include a work plan for the final phase investigation(s) required, based on the initial findings.

The Permittee shall ensure that the investigation data are sufficient in quality (e.g., quality assurance procedures have been followed) and quantity to describe the nature and extent of contamination, potential threat to human health and/or the environment, and will support a Corrective Measures Study, if necessary.

2.5.3.b Action levels for hazardous waste or constituents

The Permittee shall submit to the Secretary, along with the RFI Report, proposed action levels for each of the hazardous waste or constituents reported in accordance with Permit Condition 2.5.3.a. The Permittee shall determine action levels in accordance with Permit Attachment 7 (Action Levels and Cleanup Levels).

2.5.3.c Requirement to proceed

The Secretary will review the RFI Report, including the Permittee's action levels. The Secretary will notify the Permittee of the need for further investigative action and the need for a Corrective Measures Study to meet the requirements of Permit Condition 2.7 and 20.4.1.500 NMAC, incorporating 40 CFR

264.101. The Secretary will notify the Permittee of any no

further action (NFA) determination.

2.5.3.d Quarterly reports

The Permittee shall provide the Secretary with signed progress reports at least quarterly. Progress reports shall include, at a minimum, the following information:

• A description and estimate of the percentage of the RFI completed;

• Summaries of any deviations from the approved RFI Work Plan during the reporting period;

• Summaries of findings;

• Summaries of any significant contacts with local community public interest groups or State government;

• Summaries of any problems or potential problems encountered during the reporting period;

• Actions taken to rectify problems;

• Changes in relevant personnel;

• Projected work for the next reporting period; and,

• Upon request, copies of daily reports, inspection reports, data, etc.

2.6 CORRECTIVE MEASURES STUDY

2.6.1 Corrective Measures Study Work Plan

2.6.1.a Submittal of Corrective Measures Study Work Plan

The Permittee shall submit a Corrective Measures Study (CMS) Work Plan for those units requiring a CMS within 90 calendar days of being notified to do so by the Secretary. The Permittee shall develop the CMS Work Plan in accordance with Permit Condition 2.7.1.b. The Permittee may seek approval from the Secretary to implement concurrent RFI/CMS. The CMS may be performed concurrently with the RFI process if the Secretary determines that sufficient investigative details are available to allow concurrent action.

2.6.1.b Corrective Measures Study Work Plan requirements

The Permittee shall ensure that the CMS Work Plan meets the requirements of Permit Attachment 4 (Corrective Measures Study Scope of Work). The CMS Work Plan shall include schedules of implementation and completion of specific actions necessary to complete a CMS. The Permittee must provide sufficient justification and/or documentation to delete any unit from the CMS Work Plan. The deletion of any unit is subject to the approval of the Secretary. The Permittee shall provide sufficient written justification for any omissions or deviations from the minimum requirements of Permit Attachment 4. All proposed omissions or deviations must be approved by the Secretary. The Permittee shall ensure that the CMS Work Plan will include all investigations necessary to ensure compliance with Section 74-4-4.2 NMSA 1978, 20.4.1.500 NMAC, incorporating 40 CFR 264.101 and 264.552, and 20.4.1.900 NMAC, incorporating 40 CFR 270.32(b)(2). The Permittee shall implement corrective actions beyond the facility boundary, as necessary, in accordance with Permit Condition 2.1.4.

2.6.1.c Corrective Measures Study Work Plan approval

The Secretary will either approve or disapprove, in writing, the CMS Work Plan. If the Secretary disapproves the CMS Work Plan, then the Secretary will either notify the Permittee in writing of the CMS Work Plan's deficiencies and specify a due date for submittal of a revised CMS Work Plan, revise the CMS Work Plan and notify the Permittee of the revisions, or conditionally approve the CMS Work Plan and notify the Permittee of the conditions. This modified CMS Work Plan becomes the approved CMS Work Plan.

2.6.2 Corrective Measures Study Implementation

The Permittee shall implement the CMS in accordance with the approved CMS Work Plan and the schedules specified in the CMS Work Plan and Permit Attachment 6.

2.6.3 Corrective Measures Study Report

2.6.3.a Submittal of corrective measures study report

The Permittee shall submit a CMS Report to the Secretary for the CMS conducted in accordance with the approved CMS Work Plan and Permit Attachment 4. The Permittee shall submit the CMS Report to the Secretary in accordance with the schedule specified in the approved CMS Work Plan and Permit Attachment 6. The Permittee shall submit any revisions to the CMS Report required by the Secretary within 30 calendar days of receipt of the Secretary's comments on the CMS Report. The CMS Report shall summarize any bench scale or pilot tests conducted and shall include an evaluation of each remedial alternative.

If a remedial alternative requires the use of a Corrective Action Management Unit (CAMU), then the CMS report shall include all information necessary to establish and implement the CAMU, pursuant to 20.4.1.500 NMAC, incorporating 40 CFR 264.552. The CMS Report shall present all information gathered in accordance with the approved CMS Work Plan. The CMS Report must contain sufficient information to support the Secretary's decision on the recommended remedy, in accordance with Permit Condition 2.8.

If the Secretary determines that the CMS Report does not fully satisfy the information requirements specified in accordance with Permit Condition 2.7.3, then the Secretary may disapprove the CMS Report. If the Secretary disapproves the CMS Report, then the Secretary will notify the Permittee in writing of deficiencies in the CMS Report and will specify a due date for submittal of a revised CMS Report. The Secretary will notify the Permittee of any no further action determination.

2.6.3.b Corrective measures study report approval

2.6.3.c Requirement to provide revisions

The Secretary may require the Permittee to evaluate additional remedies or particular elements of one or more proposed remedies based on preliminary results and the CMS Report.

2.6.4 Remedy Selection

The Secretary will select a remedy from the remedial alternatives evaluated in the CMS Report based, at a minimum, on the protection of human health and the environment, specific site conditions, and existing regulations. The selected remedy may include any interim measures implemented to date.

2.7 CORRECTIVE MEASURES IMPLEMENTATION (CMI)

The Permittee shall simultaneously submit a Corrective Measures Implementation (CMI) Conceptual Design, a CMI Operation and Maintenance Plan, CMI Plans and Specifications, and a CMI Construction Work Plan in accordance with Permit Attachment 6 within 90 calendar days of notification by the Secretary that corrective measures are required. The Permittee shall implement the approved corrective measures in accordance with the approved CMI Conceptual Design, CMI Operation and Maintenance Plan, CMI Plans and Specifications, and CMI Construction Work Plan within 30 calendar days of receiving approval from the Secretary.

The Permittee shall submit a CMI Construction Completion Report in accordance with Permit Attachment 6 after the approved corrective measures…