HAFB_RCRA_Permit_NM6572124422-2.pdf

New Mexico Environment Department Holloman Air Force Base February 2004 Hazardous Waste Facility Permit No. NM6572124422

TABLE OF CONTENTS

PART 1: GENERAL PERMIT CONDITIONS

Permit Regulation Condition Subject (20.4.1 NMAC) Page

I.A. Permit Construction:

Citations incorporating 40 CFR §260 through §270 1-1

I.B. Severability incorporating 40 CFR §124.16(b) 1-1

1.C. Definitions 1-1

I.D. Effect of Permit .900 incorporating 40 CFR §270.4 1-4 and §270.30(g)

I.E. Permit Actions .900 incorporating 40 CFR§270.4(a) 1-5 and §270.30

I.E.1. Term of Permit .900 incorporating 40 CFR§270.50(a) 1-5

I.E.2. Permit Modification, Hazardous Waste Act (HWA) 74-4-4.2, and

Suspension and Revocation .900 incorporating 40 CFR§270.41 through §270.43 1-5

I.E.3. Permit Renewal .900 incorporating 40 CFR§270.10(h), and

§270.30(b) 1-5 I.E.4. Continuation of Expiring Permit .900 incorporating 40 CFR§270.51 1-6

I.E.5. Transfer of Permit .500 incorporating 40 CFR §264.12(c) and .900 incorporating 40 CFR§270.40(b);

§270.41(b)(2) 1-6

I.E.6. Permit Review .900 incorporating 40 CFR§270.41, §270.50(b) and §270.50(d) 1-6

I.E.7. Scope of Permit 1-6

I.F. Duties and Requirements .900 incorporating 40 CFR§270.30 1-6

I.F.1. Duty to Comply .900 incorporating 40 CFR §270.30(a) 1-6 PART 1: GENERAL PERMIT CONDITIONS (Continued)

Page i

Permit Regulation Condition Subject (20.4.1 NMAC) Page

I.F.2. Duty to Reapply .900 incorporating 40 CFR §270.10(h) 1-7

§270.30(b)

I.F.3. Need to Halt or Reduce .900 incorporating 40 CFR§270.30(c) 1-7

Activity Not a Defense

I.F.4. Duty to Mitigate .900 incorporating 40 CFR §270.30(d) 1-7

I.F.5. Proper Operation and .900 incorporating 40 CFR §270.30(e) 1-7

Maintenance

I.F.6. Duty to Provide Information .500 incorporating 40 CFR §264.74(a) 1-8

.900 incorporating 40 CFR §270.30(h)

I.F.7. Inspection and Entry .900 incorporating 40 CFR §270.30(i) 1-8

I.F.8. Monitoring and Records .500 incorporating 40 CFR §264.74(b) 1-8

.900 incorporating 40 CFR §270.30(j)

I.F.9. Reporting Planned Changes .900 incorporating 40 CFR §270.30(l) 1-9

I.F.10. Reporting Anticipated .900 incorporating 40 CFR §270.30(l) 1-10

Noncompliance

I.F.11. Certification of Construc- .900 incorporating 40 CFR §270.30(l) 1-10 tion or Modification

I.F.12. Twenty-Four Hour and Subsequent Reporting .900 incorporating 40 CFR §270.30(l) 1-10

I.F.13. Corrective Action .500 incorporation 40 CFR §264.101 1-12

I.F.14. Admissibility of Data 1-12

I.F.15. Other Noncompliance .900 incorporating 40 CFR §270.30(l0) 1-12

PART 1: GENERAL PERMIT CONDITIONS (Continued)

Page ii

I.F.16. Other Information .900 incorporating 40 CFR §270.30(11) 1-12

I.G. Signatory Requirement .900 incorporating 40 CFR §270.11 and 1-12

§270.30(k)

I.H. Reports, Notifications, .500 incorporating 40 CFR §264 and Submissions to Subpart E 1-12 the NMED

I.I. Confidential Information .900 incorporating 40 CFR §270.12 1-13

I.J Documents to be Maintained Until Completion of Closure .500 incorporating 40 CFR §264 1-13

PART 2 GENERAL FACILITY CONDITIONS

II.A. Operation and Maintenance of the Container Storage Unit .500 incorporating 40 CFR §264.31 2-1

II.B. Waste Sources .500 incorporating 40 CFR §264.12(b) 2-1

II.B.1. Permitted Waste 2-1

II.B.2. Hazardous Waste Imports 2-1

II.B.3. Hazardous Waste From

Off-site Sources 2-1

II.B.4. Specific Waste Ban .800 incorporating 40 CFR Part 268 2-1

II.B.5 Additional Waste Ban Requirements .800 incorporating 40 CFR Part 268 2-2

II.B.6. Land Disposal Restrictions .800 incorporating 40 CFR Part 268 2-2

PART 2: GENERAL FACILITY CONDITIONS (Continued)

Page iii

II.C. General Waste Characterization .500 incorporating 40 CFR §264.13 2-3

II.C.1. General Requirements .500 incorporating 40 CFR §264.13 2-3

II.C.2. Acceptable Knowledge 2-5

II.C.3. Waste Sampling .500 incorporating 40 CFR §264, Appendix IV 2-6

II.C.4. Laboratory Analysis 2-6

II.C.5. Quality Assurance (QA)/ Quality Control (QC) .500 incorporating 40 CFR §264.13 2-7

II.C.6. Air Emissions .500 incorporating 40 CFR §264 Subpart BB and CC 2-8

II.C.7. Waste to be Shipped to an Off-Site Facility .500 incorporating 40 CFR Part 262 2-9

II.C.8. Remediation Wastes .500 incorporating 40 CFR §264.1(j) 2-9

II.C.9. Containerized Waste .800 incorporating 40 CFR §268.42(c) 2-10

II.C.10. Impermissible Dilution .800 incorporating 40 CFR §268.3 2-10

II.C.11. Waste Characterization Records .500 incorporating 40 CFR §263.73 2-10

II.C.12. Notification and Certification .800 incorporating 40 CFR §268.7 & 268.9 2-11

II.D. Waste Minimization .800 incorporating 40 CFR §262.41(6-7) 2-12

II.E. Dust Suppression .700 incorporating 40 CFR §266.23(b) 2-13

II.F. Required Notices 2-14

II.F.1. Liquid Hazardous Wastes Containing Polychlorinated

Page iv

Biphenyls (PCBs) 2-14

II.G. Security .500 incorporating 40 CFR §264.14 2-14

II.G.1. Barriers and Means to Control Entry .500 incorporating 40 CFR §264.14(b)(2) 2-15

II.G.2. Warning Signs .500 incorporating 40 CFR §264.14(c) 2-15

II.H. General Inspection Requirements .500 incorporating 40 CFR §264.15 2-15

II.H.1. Inspection Schedule .500 incorporating 40 CFR 264.15(a) 2-15

II.H.2. Inspection Frequency .500 incorporating 40 CFR §264.15(b) 2-15

II.H.3. Remediation of Equipment/

Structures .500 incorporating 40 CFR §264.15(c) 2-15

II.H.4. Inspection Log and Checklist .500 incorporating 40 CFR §264.15(d) 2-16

II.H.5. Inspection Records .500 incorporating 40 CFR §264.15(d) 2-16

II.I. Personnel Training .500 incorporating 40 CFR §264.16 2-16

II.I.1. Personnel Training

Requirements .500 incorporating 40 CFR §264.16 2-16

II.I.2. Personnel Training Content .500 incorporating 40 CFR §264.16(a-c) 2-16

II.I.3. Personnel Training Records .500 incorporating 40 CFR §264.16(d-e) 2-16

II.J. General Requirements for

Handling Ignitable, Reactive, or .500 incorporating 40 CFR §264.17 2-16 Incompatible Wastes

II.K. Preparedness and Prevention .500 incorporating 40 CFR §264.30-35, and §264.37 2-17

Page v

II.K.1. Required Equipment .500 incorporating 40 CFR §264.32 2-17

II.K.2. Testing and Maintenance of Equipment .500 incorporating 40 CFR §264.33 2-17 II.K.3. Access to Communications or Alarm System .500 incorporating 40 CFR §264.34 2-17

II.K.4. Required Aisle Space .500 incorporating 40 CFR §264.35 2-17

II.K.5. Arrangements with Local

Authorities .500 incorporating 40 CFR §264.37 2-17

II.L. Contingency Plan .500 incorporating 40 CFR §264.50-55 2-18

II.L.1. Implementation of Plan .500 incorporating 40 CFR §264.51(b) 2-18

II.L.2. Copies of the Plan .500 incorporating 40 CFR §264.53 2-18

II.L.3. Amendments to Plan .500 incorporating 40 CFR §264.54 2-18

II.L.4. Emergency Coordinator .500 incorporating 40 CFR §264.55 2-18

II.M. Manifest System .500 incorporating 40 CFR §264.71, §264.71, §264.73, and §264.76 2-18

II.N. Record Keeping and .500 incorporating 40 CFR §264.73 2-18

Reporting .500 incorporating 40 CFR §264.75

II.N.1. Operating Record .500 incorporating 40 CFR §264.73(a) 2-19

II.N.2. Biennial Report .500 incorporating 40 CFR §264.75 2-19

II.N.3. Personnel and Telephone

Number Changes 2-19

II.O. General Closure Requirements .500 incorporating 40 CFR §264.111-115 2-19

Page vi

PART 2 GENERAL FACILITY CONDITIONS (Continued)

Condition Subject (20.4.1 NMAC) Page

II.O.1. Performance Standard .500 incorporating 40 CFR §264.111 2-19

II.O.2. Amendment to Closure Plan .500 incorporating 40 CFR §264.112(c) 2-19

II.O.3. Notification of Closure .500 incorporating 40 CFR §264.112(d) 2-19

II.O.4. Time Allowed for Closure .500 incorporating 40 CFR §264.113 2-19

II.O.5. Disposal or Decontamination of Equipment, Structures, and Soils .500 incorporating 40 CFR §264.114 2-20

II.O.6. Sampling for Metals, Organics, and Halogenated Organics in the Container Storage Facility Building 2-20

II.O.7. Certification of Closure .500 incorporating 40 CFR §264.115 2-20

II.P. General Post-Closure

Requirements .500 incorporating 40 CFR §264.117 2-20

II.P.1. Clean Closure 2-20

II.P.2. Post-Closure Care Permit .500 incorporating 40 CFR

§264.117 through §264.120 2-20

II.Q. Transportation of Hazardous

Waste .400 incorporating 40 CFR §263 2-21

II.R. Groundwater Monitoring 2-21

Page vii

PART 3: STORAGE OF HAZARDOUS WASTE IN CONTAINERS

Condition Subject (20.4.1 NMAC) Page

III.A. Part Highlights 3-1

III.A.1. Waste Handling Building 3-1

III.B. Permitted and Prohibited

Waste Identification 3-2

III.B.1. Permitted Waste 3-2

III.B.2. Prohibited Waste 3-2

III.C. Condition of Containers .500 incorporating 40 CFR §264.171 3-2

III.C.1. Acceptable Storage Containers 3-3

III.C.1. Acceptable Storage

Containers 49 CFR §173; and §178 3-3

III.D. Compatibility of Waste with Containers .500 incorporating 40 CFR §264.172 3-3

III.E. Management of Containers .500 incorporating 40 CFR §264.173 3-3

III.F. Secondary Containment

Systems .500 incorporating 40 CFR §264.175 and .900 incorporating 40 CFR §270.15 3-3

III.G. Inspection Schedules and Procedures .500 incorporating 40 CFR §264.174 3-3

III.H. Record Keeping .500 incorporating 40 CFR §264.73(a) 3-4

III.I. Closure .500 incorporating 40 CFR §264.178 3-4

III.J. Special Container

Provisions for Ignitable or Reactive Waste .500 incorporating 40 CFR §264.176 3-4

III.J.1. Location of Ignitable

Page viii and Reactive Waste .500 incorporating 40 CFR §264.176 3-4

III.J.2. Procedures to Prevent

Ignition/Reaction .500 incorporating 40 CFR §264.17(a) 3-4

III.J.3. Storage of Hazardous Waste Containers 3-4

III.K. Special Container Provisions for Incompatible Waste .500 incorporating 40 CFR §264.177(a) 3-4

III.K.1. Storage of Incompatible

Wastes .500 incorporating 40 CFR §264.177(a) 3-4

III.K.2. Management of Unwashed Containers .500 incorporating 40 CFR §264.177(b) 3-5

III.K.3. Separation of Hazardous

Waste Containers .500 incorporating 40 CFR §264.177(c) 3-5

PART 4: CORRECTIVE ACTION

Permit Regulation Condition Subject (20.4.1 NMAC) Page

Part Highlights Section 74-4-10.F of HWA and RCRA 4-1

Corrective Action From .500 incorporating 40 CFR §264.101, Releases The NM Hazardous Waste Act, and Sections 3004(u) and 3004(v) of RCRA 4-1

IV.A. Applicability 4-1

IV.B. Notification and Assessment

Requirements for Newly Identified SWMUs and AOCs 4-2

IV.C. Notification Requirements for for Newly Discovered Releases From SWMUs or AOCs 4-3

IV.D. Confirmatory Sampling (CS) 4-4

IV.E. RCRA Facility Investigation (RFI) 4-5

Page ix

IV.E.1. RFI Work Plan 4-5

IV.E.2. RFI Implementation 4-6

IV.E.3. RFI Reports 4-6

IV.F. Interim Measures (IM) 4-8

IV.F.1. IM Work Plan 4-8

IV.F.2. IM Implementation 4-9

IV.F.3. IM Reports 4-9

IV.G. Corrective Measures Study (CMS) 4-10

IV.G.1. CMS Work Plan 4-10

IV.G.2. Corrective Measures Study Implementation 4-11

IV.G.3. CMS Report 4-11

IV.H. Remedy Approval and

Permit Modification 4-12

IV.I. Modification of the

Corrective Action Schedule of Compliance 4-13

IV.J. Work Plan and Report

Requirements 4-13

IV.K. Approvals/Disapproval of Submittals 4-14

IV.L. Voluntary Corrective Measures 4-14

IV.M. Dispute Resolution 4-14

Page x

PART 4 APPENDICES

APPENDIX 4-A:

SUMMARY OF SOLID WASTE MANAGEMENT UNITS: 4-16

Tables A: SWMUs and AOCs Requiring Corrective Action 4-16

Table B: SWMUs and AOCs Not Requiring Corrective Action 4-18

APPENDIX 4-B: RCRA FACILITY INVESTIGATION (RFI) OUTLINE 4-27

I. RFI Work Plan Requirements - Elements of the RFI Work Plan 4-27

I.A. Introduction - Summary of any relevant existing assessment data 4-27

I.B. Environmental Setting 4-28

I.C. Source Characterization 4-31

I.D. Potential Receptors 4-32

I.E. Sampling and Analysis Plan (SAP) for Characterization of

Releases of Hazardous Waste/Hazardous Constituents 4-34

I.F. Data Management Plan 4-37

I.G. Project Management Plan - Schedule of Implementation 4-38

II RFI REQUIREMENTS - ELEMENTS OF THE RFI REPORT 4-38

II.A. Introduction 4-38

II.B. Environmental Setting 4-38

II.C. Source Characterization 4-38

II.D. Sampling and Analysis Results 4-38

II.E. Data Quality Assurance/Data Quality Control Review 4-39

II.F. Conclusions 4-39

II.G. Recommendations 4-39

Page xi

II.H. Work Plan for Additional Investigations 4-39

III. DETERMINATION OF NO FURTHER ACTION (NFA) 4-39

APPENDIX 4-C: CORRECTIVE MEASURE STUDY OUTLINE 4-42

I. Corrective Measure Study Work Plan 4-42

I.A. Elements of the CMS Work Plan 4-42

II. Corrective Measures Study Report 4-43

II.A. Introduction/Purpose 4-43

II.B. Description of Current Situation 4-43

II.C. Establishment of Proposed Media Specific Cleanup Standards 4-44

II.D. Identification, Screening, and Development of Corrective

Measure Technologies 4-44

II.E. Evaluation of a Final Corrective Measure Alternative

4-45

II.F. Justification and Recommendation of the Corrective

Measure or Measures 4-48

APPENDIX 4-D

Schedule of Compliance For Newly Identified SWMUs and AOCs 4-49

APPENDIX 4-E:

NFA Compliance Schedule For Sites Listed In Table A 4-51

APPENDIX 4-F: Action Levels and Cleanup Levels 4-53

I. Action Levels Overview 4-53

II. Cleanup Levels Overview 4-53

III. Ground Water 4-54

IV. Surface Water 4-55

Page xii

V. Soils 4-55

VI. Ecological Evaluation 4-56

VII. Risk-Based Variance from Cleanup Standards or Levels 4-57

PART 5: ORGANIC AIR EMISSION REQUIREMENTS

V.A. Applicability 5-1

V.B. General Standards 5-2

V.C. Subpart CC Standards for Containers in Table V.A.1. 5-2

V.D. Repair of Levels 1 and 2 (i.e. Types A, B, and C) Containers 5-2

V.E. Reporting Requirements 5-3

V.F. Notification of New Units 5-3

V.G. Compliance Schedule 5-3

PERMIT ATTACHMENTS

Attachment Description Page

Attachment A Authorized Wastes 1-7

Attachment B General Facility Description 1-5

Attachment C Container Storage Unit Design and Operation 1-9

Attachment D Waste Analysis Plan 1-25

Attachment E Security Plan 1-2

Attachment F Inspection Plan 1-4

Attachment G Preparedness and Prevention Procedures 1-5

Attachment H Contingency Plan 1-8

Attachment I Manifesting, Recordkeeping and Reporting 1-3

Page xiii

Attachment J Personnel Training 1-5

Attachment K Closure Plan 1-10

Attachment L Corrective Action for Solid Waste Management Units 1

Page xiv

LIST OF ACRONYMS

AK Acceptable Knowledge AOC Area of Concern AMU Atomic Mass Unit ASTM American Society for Testing and Materials BGS Below Ground Surface CAMU Corrective Action Management Unit CEC Cation Exchange Capacity CERCLA Comprehensive Environmental Response, Compensation, and Liability

Act CES Civil Engineering Squadron CFR Code of Federal Regulations CMS Corrective Measure Study COC Chain of Custody CSU Container Storage Unit DOT U.S. Department of Transportation DQO Data Quality Objectives DRMO Defense Reutilization and Marketing Office EC Emergency Coordinator EPA U.S. Environmental Protection Agency GC/MS Gas Chromatography/Mass Spectrometry HAFB Holloman Air Force Base HWA New Mexico Hazardous Waste Act HWB Hazardous Waste Bureau KOP Knowledge of Process LDR Land Disposal Restrictions MOU Memorandum of Understanding MSDS Material Safety Data Sheet MS/MSD Matrix Spike/Matrix Spike Duplicate NFA No Further Action NMAC New Mexico Administrative Code NMED New Mexico Environment Department PARCC Precision, Accuracy, Representativeness, Completeness, and

Comparability PCBs Polychlorinated Biphenyls PID Photo-ionization Detector PPE Personal Protective Equipment QA/QC Quality Assurance/Quality Control QAPP Quality Assurance Project Plans RCRA Resource Conservation and Recovery Act RFA RCRA Facility Assessment

LIST OF ACRONYMS (Continued)

Page xv

RFI RCRA Facility Investigation SAP Sampling and Analysis Plan SAR SWMU Assessment Report SCBA Self Contained Breathing Apparatus SOP Standard Operating Procedures SVOCs Semivolatile Organic Compounds SWMU Solid Waste Management Unit TSCA Toxic Substances Control Act TSDF Treatment, Storage and Disposal Facility VOCs Volatile Organic Compounds WAP Waste Analysis Plan WQCC New Mexico Water Quality Control Commission

Page xvi

PART 1

GENERAL PERMIT CONDITIONS

HIGHLIGHTS:

This Part contains conditions pertaining to all hazardous waste storage facilities permitted under the New Mexico Hazardous Waste Act (HWA) and Resource Conservation and Recovery Act

(RCRA).

I.A. PERMIT CONSTRUCTION: CITATIONS

Whenever provisions of this Permit or of the New Mexico Hazardous Waste Management Regulations (HWMR), 20.4.1 NMAC, incorporating 40 CFR Parts 260 through 270 are cited, the citation shall include all subordinate provisions of the cited provision paragraphs of this Permit or of the HWMR. When subordinate sections are cited, such citations shall 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.

I.B. SEVERABILITY

The provisions of the Permit are severable, and if any provision of this Permit, or any 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.

I.C. DEFINITIONS

For purposes of this Permit, terms used herein shall have the same meanings as those in HWA, RCRA, and their implementing regulations, unless this Permit specifically provides otherwise.

Where a term is not defined in HWA, RCRA, 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” are health-based concentrations of hazardous 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 of a facility which is not a solid waste management unit, under the control or ownership of the Permittee where a release of a hazardous waste or constituent has occurred, is suspected to have occurred, or may occur, regardless of the frequency or duration and which the Secretary has determined to pose a current or potential threat to human health or the environment, pursuant

PERMIT PART 1

to 20.4.1.500 NMAC, incorporating 40 CFR 270.32(b)(2). An area of concern also includes areas and structures at which releases of hazardous waste or constituents were not remediated, including one time and accidental events.

“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.

“Container Storage Unit” (CSU) means the Holloman Air Force Base (HAFB) hazardous waste management and storage unit which comprises Building 118. (20.4.1.101 NMAC, incorporating 40 CFR §260.10).

A “Corrective Action Management Unit” (CAMU) includes any area within HAFB that is designated by the Secretary under the HWA and its regulations, for the purpose of implementing corrective action requirements. A CAMU shall only be used for the management of remediation wastes pursuant to implementing such corrective action requirements at the Facility.

“Corrective Measures” include all corrective action necessary to protect human health and the environment for all releases of hazardous waste or hazardous 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 of the HWA 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” is defined as the horizontal and vertical area in which the concentrations of hazardous 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.

“Facility” means Holloman Air Force Base including all contiguous land, and structures, other appurtenances, and improvements on the land located on latitude 32.85 North, and Longitude 106.09 West, Holloman Air Force Base, about 7 miles (11 kilometers) west of the City of Alamogordo, in Otero County, New Mexico. For the purposes of implementing corrective action under 20.4.1.500 NMAC, incorporating 40 CFR §264.101, or RCRA Section 3008(h), the Hazardous Waste Act §74-4-10.E. The Facility includes all contiguous property under the control of the owner or operator seeking a permit under 20.4.1 NMAC, incorporating 40 CFR Parts 260 through 270. (20.4.1.100 NMAC, incorporating 40 CFR §260.10).

“Foreign Source” refers to hazardous waste generated outside the United States of America.

“Hazardous Constituents” are those substances listed in 20.4.200 NMAC, incorporating 40 CFR §261 Appendix VIII, and 20.4.1.500 NMAC, incorporating 40 CFR §264 Appendix IX.

“Hazardous Waste”, for the purposes of corrective action for solid waste management units and areas of concern, conducted pursuant to 20.4.1.500 NMAC, incorporating 40 CFR 264.101, 40 CFR Part 264 Subpart S, and 40 CFR 270.32 (b)(2), means a hazardous waste, as defined in section 1004(5) of RCRA (42 U.S.C. 6903(5)) 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.

Hazardous waste, for all other purposes of this permit, means a hazardous waste 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.

"Interim Measures" are actions 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.

“Off-Site Source” means a generator of hazardous waste located within the United States of America, but outside the Permittee's Facility boundary.

"Release" 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 hazardous constituents).

"Remediation Waste" for the purposes of this permit includes all solid and hazardous wastes, and all media (including groundwater, surface water, soils, and sediments) and debris, which contain listed hazardous wastes or which themselves exhibit a hazardous waste characteristic, that are managed for the purpose of implementing corrective action requirements. For the Facility, remediation wastes may originate only from within the Facility boundary, but may include releases beyond the Facility boundaries.

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

A "Solid Waste Management Unit" (SWMU) for the purposes of this permit, means any discernible unit at which solid wastes have been placed at any time, irrespective of whether the unit was intended for the management of solid or hazardous waste. Such units include any area at a facility at which solid wastes have been routinely and systematically released.

I.D. EFFECT OF PERMIT

The Secretary of the New Mexico Environment Department (Secretary) issues this Permit to Holloman Air Force Base, (the Permittee) the owner and operator of a container storage unit (CSU) (EPA I.D. Number NM6572124422). This Permit authorizes the Permittee to accept, manage, store, and transfer on-site and off-site hazardous waste at the permitted CSU upon the Facility, and establishes the general and specific standards for these activities, pursuant to the New Mexico Hazardous Waste Act (HWA) NMSA 1978, §74-4-1 et seq. (Repl. Pamp. 1993), and the New Mexico Hazardous Waste Management Regulations, 20.4.1.100 NMAC et. seq.

Compliance with this Permit during its term shall constitute compliance for purposes of enforcement with Subtitle C of the Resource Conservation and Recovery Act (RCRA), 42 U.S.C. §6901 et. seq., and/or HWA, and/or their implementing regulations. Compliance with this Permit shall not constitute a defense to any order issued or any action brought under HWA §74-4-10.E or §74-4-13; RCRA §3008(a), §3008(h), §3013, §7002, or §7003; 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 regulations, in accordance with 20.4.1.900 NMAC, incorporating 40 CFR §§270.4 and 270.30(g).

The complete Permit consists of Permit Parts I through V and Permit Attachments A through L as follows:

Part I - General Permit Conditions

Part II - General Facility Conditions

Part III - Storage of Hazardous Waste in Containers

Part IV - Corrective Action

Part V - Organic Air Emission Requirements

Attachment A - Authorized Wastes

Attachment B - General Facility Description

Attachment C - Design and Operation of the Container Storage Unit

Attachment D - Waste Analysis Plan

Attachment E - Security Plan

Attachment F - Inspection Plan

Attachment G - Preparedness and Prevention

Attachment H - Contingency Plan

Attachment I - Manifesting, Reporting, and Record Keeping

Attachment J - Personnel Training

Attachment K - Closure Plan

Attachment L - Corrective Action for Solid Waste Management Units

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

I.E. PERMIT ACTIONS

I.E.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, as required by 20.4.1.900 NMAC, incorporating 40 CFR §270.50(a)].

I.E.2. Permit Modification, Suspension and Revocation

This Permit may be modified, suspended, or revoked for cause as specified in HWA §74-4-

4.2 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, in accordance with 20.4.1.900 NMAC, incorporating 40 CFR §270.30(f).

I.E.3 Permit Renewal

Permittee may renew this Permit by submitting an application for a new permit at least one hundred eighty (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, as required by

20.4.1.900 NMAC, incorporating 40 CFR §270.10(h) and §270.30(b).

I.E.4 Continuation of Expiring Permit

If the Permittee has submitted a timely and complete application for renewal of this Permit as specified in 20.4.1.900 NMAC (incorporating 40 CFR §270.10, §270.13 through §270.29), 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.

I.E.5. 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. The prospective new owner or operator must file a disclosure statement with the Secretary as specified at HWA, §74-4-4.7. The Secretary may require modification or revocation and reissuance of this Permit in accordance with 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 Hazardous Waste Storage Facility during its operating life or post-closure care period, 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, 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.

I.E.6. Permit Review

The Secretary shall review this Permit no later than five (5) years after the effective date of this Permit, and shall modify this Permit as necessary pursuant to Section §74-4-4.2 of the HWA and 20.4.1.900 NMAC (incorporating 40 CFR §270.41, §270.50(b) and §270.50(d)).

Such modification(s) shall not extend the effective term of this Permit as specified in Permit Condition I.E.1. (20.4.1.900 NMAC, incorporating 40 CFR §270.41, §270.50(b) and §270.50(d)).

I.E.7. Scope of Permit

This Permit authorizes the management and storage of hazardous wastes only in the Container Storage Unit, as defined herein, and at no other locations on the Facility.

I.F. DUTIES AND REQUIREMENTS

I.F.1. Duty to Comply

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 specified in 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 HWA 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, as specified under §74-4-10 or §74-4-10.1 of the HWA or Sections 3008(a) and (g), 7002, or 7003 of RCRA; to permit modification, suspension, or revocation, or to denial of a permit application or modification request, under §74-4-4.2 of the HWA; or to criminal fines or imprisonment under HWA Section 74-4-11 or Section 3008(d), (e), or (f) of RCRA; or to a combination of the foregoing. (20.4.1.900 NMAC, incorporating 40 CFR §270.30(a)).

I.F.2. Duty to Reapply

If the Permittee wishes to continue an activity regulated by this Permit after the expiration date of this Permit, 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 [20.4.1.900 NMAC, incorporating 40 CFR §270.10(h) and §270.30(b)]. The Secretary shall not grant permission for applications to be submitted later than the expiration date of the existing Permit.

I.F.3. 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 terms of this Permit, as provided by 20.4.1.900 NMAC, incorporating 40 CFR §270.30(c).

I.F.4. 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, as required by

20.4.1.900 NMAC, incorporating 40 CFR §270.30(d).

I.F.5. Proper Operation and Maintenance

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

I.F.6. 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 as required by 20.4.1.500 NMAC incorporating 40 CFR §264.74(a) and 20.4.1.900 NMAC, incorporating 40 CFR §270.30(h).

Permit Condition I.F.6 shall not be construed to limit, in any manner, the Secretary's authority under HWA §74-4-4.3 or RCRA §3007(a).

I.F.7. 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):

I.F.7.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 under the conditions of this Permit;

I.F.7.b. Access to records - to have access to and copy, at reasonable times, any records that must be kept under the conditions of this Permit;

I.F.7.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

I.F.7.d. Sampling - to sample or monitor at reasonable times, for the purposes of assuring Permit compliance or as otherwise authorized by RCRA and/or HWA, any substances or parameters, including soil, surface water, and ground water at the Facility.

Permit Condition I.F.7 shall not be construed to limit, in any manner, the Secretary's authority under HWA §74-4-4.3 or RCRA §3007(a).

I.F.8. Monitoring and Records

I.F.8.a. Representative sampling

For purposes of monitoring, the Permittee shall take samples and measurements representative of the monitored activity as required by

20.4.1.900 NMAC, incorporating 40 CFR §270.30(j)(1), and the procedures stipulated in Permit Condition II.C.2.

I.F.8.b. Record retention

The Permittee shall retain records of all ground water monitoring information, including all calibration and maintenance records, well logs, 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 as required by 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.

I.F.8.c. Monitoring records contents

In accordance with 20.4.1.900 NMAC, incorporating 40 CFR §270.30(j)(3), records of monitoring information shall include:

i. the dates, exact place, and times of sampling or measurements;

ii. the names and qualifications of the individuals who performed the sampling or measurements;

iii. the name and address of the laboratory that performed the analysis;

iv. the dates analyses were performed;

v. the names and qualifications of the individuals who performed the analyses;

vi. the analytical techniques or methods used; and

vii. the results of such analyses.

I.F.9. Reporting Planned Changes

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

I.F.10. Reporting Anticipated Noncompliance

The Permittee shall give advance notice to the Secretary of any planned changes to the CSU or in any activities, which may result in noncompliance with Permit requirements, as required by 20.4.1.900 NMAC, incorporating 40 CFR §270.30(l)(2).

I.F.11. Certification of Construction or Modification

If the CSU is modified, the Permittee shall not store hazardous waste in the modified portion of the CSU, until the following conditions specified in 20.4.1.900 NMAC, incorporating 40 CFR §270.30(1)(2), have been satisfied:

I.F.11.a. Submittal of statement - the Permittee has submitted to the Secretary, by certified mail or hand delivery, a letter signed by the Permittee and an independent professional engineer registered in New Mexico stating that the CSU modification meets the requirements of this Permit; and

I.F.11.b. Inspection by the Secretary - the Secretary has:

i. inspected the modified or newly constructed portion of the CSU and it meets the requirements and conditions of this Permit; or

ii. waived the inspection or, within fifteen (15) calendar days from the date of submission of the letter required by Permit Condition I.F.11.a., has not notified the Permittee of his intent to inspect.

I.F.12. Twenty-Four Hour and Subsequent Reporting

I.F.12.a. Oral report - The Permittee shall report to the Secretary any noncompliance which may endanger human health or the environment. Any such information shall be reported orally within 24 hours from the time the Permittee becomes aware of the circumstances, as required by 20.4.1.900 NMAC, incorporating 40 CFR §270.30(1)(6)(i). The report shall include the following:

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

ii. any information of a release or discharge of hazardous waste, or hazardous waste constituents, or of a fire or explosion at the CSU, which could threaten the environment or human health outside the

CSU.

I.F.12.b. Written report - The Permittee shall submit a written report within five (5) calendar days from the time the Permittee becomes aware of the noncompliance as required by 20.4.1.900 NMAC, incorporating 40 CFR §270.30(l)(6)(iii). The written report shall contain the following:

i. a description of the noncompliance and its cause;

ii. name, address, and telephone number of the owner or operator;

iii. name, address, and telephone number of the Facility;

iv. 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;

v. name and quantity of materials involved;

vi. the extent of injuries, if any;

vii. an assessment of actual or potential hazards to the environment and human health outside the Facility, where this is applicable;

viii. estimated quantity and disposition of recovered material that resulted from the incident; and

ix. steps taken or planned to reduce, eliminate, and prevent recurrence of the noncompliance.

x.

The Secretary may extend the time for submitting the written report to up to fifteen (15) calendar days.

I.F.12.c. Contingency Plan implementation - If the Contingency Plan provided in Permit Attachment H is implemented, the Permittee shall comply with the reporting requirements required by 20.4.1.500 NMAC, incorporating 40 CFR §264.56(j).

I. F.13. Corrective Action

Corrective action required pursuant to 20.4.1.500 NMAC, incorporating 40 CFR §264.101 shall continue under this Permit for any period necessary to comply with the requirements specified in Part IV of this Permit.

1.F.14. Admissibility of Data

In any administrative or judicial action to enforce a condition of this Permit, the Permittee waives any objection to the admissibility as evidence of any data generated pursuant to this Permit.

I.F.15. Other Noncompliance

The Permittee shall report all other instances of noncompliance not otherwise required to be reported under this Permit at the time monitoring reports are submitted. The reports shall contain the information listed in Permit Condition I.F.12.b, as required by 20.4.1.900 NMAC, incorporating 40 CFR §270.30(l)(10).

I.F.16. 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 as required by 20.4.1.900 NMAC, incorporating 40 CFR §270.30(l)(11).

I.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, in accordance with and using the certification language specified in 20.4.1.900 NMAC, incorporating 40 CFR §§270.11 and 270.30(k).

I.H. REPORTS, NOTIFICATIONS, AND SUBMISSIONS TO THE NMED

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:

The Manager, RCRA Permits Management Program New Mexico Environment Department Hazardous Waste Bureau 2905 Rodeo Park Drive East, Building 1 Santa Fe, New Mexico 87505-6303 Telephone Number: (505) 428-2500 Facsimile Number: (505) 428-2567

I.I. CONFIDENTIAL INFORMATION

The Permittee may claim confidentiality for any information required to be submitted by this Permit, to the extent authorized by the HWA §74-4-4.3(D) and 20.4.1.900 NMAC, incorporating 40 CFR §270.12.

I.J. DOCUMENTS TO BE MAINTAINED UNTIL COMPLETION OF CLOSURE

The Permittee shall maintain at the Facility, until completion of closure as specified in Permit Attachment K, the following documents and all amendments, revisions and modifications to these documents:

1. Waste Analysis Plan, contained in Attachment D, as required by 20.4.1.500

NMAC, incorporating 40 CFR §264.13(b) and this Permit.

2. Inspection Schedules, contained in Attachment F, as required by 20.4.1.500 NMAC, incorporating 40 CFR §264.15(b)(2) and this Permit.

3. Personnel Training documents and records, contained in Attachment J, as required by 20.4.1.500 NMAC, incorporating 40 CFR §264.16(d) and this Permit.

4. Contingency Plan, contained in Attachment H, as required by 20.4.1.500

NMAC, incorporating 40 CFR §264.53(a) and this Permit, and including summary reports and details of all incidents that require implementation of the Contingency Plan, as required by 20.4.1.500 NMAC, incorporating 40 CFR §264.56(j).

5. Operating Record, contained in Attachment I, as required by 20.4.1.500

NMAC, incorporating 40 CFR §264.73 and this Permit.

6. Closure and Post-Closure Plans, contained in Attachment K, as required by

20.4.1.500 NMAC, incorporating 40 CFR §264.112(a) and this Permit.

7. The names, addresses, and phone numbers of the Emergency Coordinator

(EC) and all persons designated as alternate EC, as required by Permit Part II.J.4, and as contained in Permit Attachment H, Contingency Plan.

8. A list of all equipment, as contained in the Permit Attachment H, Table H-2, List of Emergency Equipment, and as required by 20.4.1.500 NMAC, incorporating 40 CFR Part 264, Subpart CC.

PART 2

GENERAL FACILITY CONDITIONS

PART HIGHLIGHTS:

This Permit sets forth the standards that every owner/operator of a Container Storage Unit (CSU) is required to meet, in order to manage and store hazardous waste at the CSU in a manner protective of human health and the environment.

II. A. OPERATION AND MAINTENANCE OF THE CONTAINER STORAGE

UNIT

The Permittee shall maintain and operate the CSU to minimize the possibility of a fire, explosion, or any unplanned, sudden or nonsudden release of hazardous waste or constituents to air, soil, ground water, or surface water which could threaten human health or the environment, as required by 20.4.1.500 NMAC, incorporating 40 CFR §264.31.

II.B. WASTE SOURCES

II.B.1 Permitted Waste

The Permittee shall store for subsequent transfer to a treatment, storage, or disposal facility only the hazardous wastes specified in Permit Part 3.

II.B.2. Hazardous Waste Imports

The Permittee shall not accept hazardous waste from a foreign source.

II.B.3. Hazardous Waste From Off-site Sources

The Permittee shall not receive any hazardous waste from an off-site source.

II.B.4. Specific Waste Ban

The Permittee is prohibited from managing or storing liquid hazardous wastes containing polychlorinated biphenyls (PCBs) at concentrations greater than 50 parts per million (ppm). Hazardous wastes with PCB concentrations greater than 50 ppm must be regulated by a Toxic Substances Control Act (TSCA) permit from the EPA and must be stored at the CSU in compliance with all requirements of 40 CFR §761.65(b). The Permittee is prohibited from storing liquid hazardous wastes containing PCBs at concentrations greater than 50 ppm for more than one year from the date such waste was first placed in storage, pursuant to 20.4.1.700 NMAC, incorporating 40 CFR §268.50 (f).

PERMIT PART 2

a) The Permittee may store wastes restricted under 20.4.1.800 NMAC, incorporating 40 CFR Part 268 solely for the purpose of accumulating quantities necessary to facilitate proper recovery, treatment, or disposal provided that it meets the requirements of 20.4.1.800 NMAC, incorporating 40 CFR §268.50 (a) (2), including, but not limited to, clearly marking each drum or container.

b) The Permittee shall comply with all the requirements of 20.4.1.800 NMAC, incorporating 40 CFR §268.7 as amended. Changes to the waste analysis plan will be processed as minor modifications, pursuant to 20.4.1.900 NMAC, incorporating 40 CFR §270.42.

II.B.5. Additional Waste Ban Requirements

The Permittee shall not land dispose any hazardous waste restricted by 20.4.1.800 NMAC, incorporating 40 CFR Part 268 unless:

a) The waste meets treatment standards specified in 20.4.1.800 NMAC, incorporating 40 CFR §§268.40, . 42, .45 and .49;

b) A variance from the treatment standards has been granted pursuant to

20.4.1.800 NMAC, incorporating 40 CFR §268.44;

c) A petition has been granted on a case-by-case extension to the effective date, pursuant to 20.4.1.800 NMAC, incorporating 40 CFR §268.5;

d) A “no-migration” petition has been granted pursuant to 204.1.800 NMAC, incorporating 40 CFR §268.6; or

e) The surface impoundment is exempt under 20.4.1.800 NMAC, incorporating

40 CFR §268.4.

f) A corrective action management unit (CAMU) has been designated pursuant to 20.4.1.500 NMAC, incorporating 40 CFR 264.552; or

g) A staging pile has been designated pursuant to 20.4.1.500 NMAC, incorporating 40 CFR 264.554.

II.B.6. Land Disposal Restrictions

The New Mexico Hazardous Waste Management Regulations 20.4.1.800 NMAC, incorporating 40 CFR Part 268 identify hazardous wastes that are restricted from land disposal and define those limited circumstances under which an otherwise prohibited waste may continue to be placed on or in a storage unit. The Permittee shall maintain compliance with the requirements of 20.4.1.800 NMAC, incorporating 40 CFR Part 268. Where the Permittee has applied for an extension, waiver or variance under 20.4.1.800 NMAC, incorporating 40 CFR §268, the Permittee shall comply with all restrictions on land disposal under this Permit.

The Permittee is prohibited from management and storage of hazardous wastes restricted from land disposal under 20.4.1.800 NMAC, incorporating 40 CFR Part 268, unless the requirements of 20.4.1.800 NMAC, incorporating 40 CFR §268 Subpart E are met.

The Permittee shall not place hazardous waste in any surface impoundment or landfill unless such a unit has a permit meeting the Minimum Technological Requirements outlined in Section 3004 (o) of RCRA. The Secretary must approve the plans and specifications for retrofitting prior to commencement of construction.

II.C GENERAL WASTE CHARACTERIZATION

II.C.1 General Requirements

The Permittee shall not store any hazardous waste at a permitted hazardous waste management unit at the Facility unless the hazardous waste has been fully characterized as specified by the characterization requirements of this Permit, including the attached Waste Analysis Plan (WAP), Permit Attachment D, to demonstrate compliance with all waste characterization requirements of 20.4.1.500 NMAC, incorporating 40 CFR Part 264, including §264.13, and 20.4.1.800 NMAC, incorporating 40 CFR Part 268, including §§268.7 and 268.9.

Waste characterization requirements are specified both in this Permit Part and the WAP, Permit Attachment D. If there is a conflict between the conditions in this Permit Part and the language in the WAP, the conditions in this Permit Part shall supersede the conflicting language in the WAP.

The Permittee shall obtain the following hazardous waste characterization information at the waste’s point of generation in compliance with 20.4.1.800 NMAC, incorporating 40 CFR §268.9(c) and 20.4.1.500 NMAC, incorporating 40 CFR Part 264, Subparts BB and CC:

1. All applicable EPA Hazardous Waste Numbers (i.e., waste codes) in compliance with 20.4.1.500 NMAC, incorporating 40 CFR §264.13 and 20.4.1.800 NMAC, incorporating 40 CFR §268.9(a);

2. Whether the waste meets the applicable Land Disposal Restriction (LDR) treatment standard(s) specified at 20.4.1.800 NMAC, incorporating 40 CFR §§268.40, 268.45, and 268.49, in compliance with 20.4.1.800 NMAC, incorporating 40 CFR §268.7(a).

To determine the applicable treatment standard(s) for each listed and/or characteristic waste code, the Permittee must obtain the following waste characterization information:

a. All applicable hazardous constituents as defined in 20.4.1.100 NMAC, incorporating 40 CFR §260.10 or underlying hazardous constituents (UHC) as defined at 20.4.1.800 NMAC, incorporating 40 CFR §268.2(i), in the waste in compliance with 20.4.1.800 NMAC, incorporating 40 CFR §§268.7 and 268.9 respectively, unless the waste will be treated and monitored for all constituents;

b. The waste’s treatability category i.e., wastewater or non-wastewater, as defined at 20.4.1.800 NMAC, incorporating 40 CFR §268.2(d) and (f);

c. Whether the waste belongs to a treatment/regulatory subcategory as identified in the Table “Treatment Standards for Hazardous Wastes” at

20.4.1.800 NMAC, incorporating 40 CFR §268.40;

d. For hazardous…