Sunoco, Inc. R&M 

OKD058078775-PC 

Post-Closure and Corrective Action Permit 

 1 Issued: June 1, 2009 

 

OKLAHOMA DEPARTMENT OF ENVIRONMENTAL QUALITY 

 POST-CLOSURE AND CORRECTIVE ACTION PERMIT 

 FOR A CLOSED HAZARDOUS WASTE MANAGEMENT FACILITY 

EPA ID#: OKD058078775 Permit Number: OKD058078775-PC

Permittee: Sunoco, Inc. (R & M) 

 Tulsa Refinery 

 1700 S. Union Effective Date: 6/1/2009

 Tulsa, OK 74107-1734 Expiration Date: 6/1/2019

Mailing Address: Sunoco, Inc. (R & M) 

 Tulsa Refinery 

 P.O. Box 2039 

 Tulsa, OK 74102-2039 

Pursuant to the Solid Waste Disposal Act, as amended by the Resource Conservation and 

Recovery Act (RCRA) of 1976, including the Hazardous and Solid Waste Amendments of 1984 

(HSWA) at 42 U.S.C. § 6901 et seq., and regulations promulgated thereunder by the U.S. 

Environmental Protection Agency (EPA) codified in Title 40 of the Code of Federal Regulations, 

the Oklahoma Hazardous Waste Management Act (OHWMA) at 27A O.S. § 2-7-101, et seq., as 

amended, and rules promulgated thereunder in the Oklahoma Administrative Code (OAC) 

252:205, the Oklahoma Uniform Environmental Permitting Act at 27A O.S. § 2-14-101 et seq., 

and rules promulgated thereunder in OAC 252:4-7, a Permit to perform corrective action of a 

closed hazardous waste management facility is hereby issued by the Oklahoma Department of 

Environmental Quality (ODEQ) to Sunoco, Inc. (R & M) (hereafter called the Permittee). The 

facility is located in the city of Tulsa, Oklahoma, at the street address shown above, at latitude N. 

36o

 08' 025" and longitude W. 96o 01' 015", summarily described as follows:

Legal Description of the Facility Boundary, which also constitutes the Permit Boundary: 

AREA NO. 1

Beginning at the southwest corner of Section 9-T19N-R12E going 1,319.10' east along 

the south line of Section 9 to the SW corner of the SE/4, SW/4; thence north 1,319.99' to 

the Point of Beginning for Area No. 1; thence N0°21'13"E a distance of 1,789.23' to the 

south Meander Line of the Arkansas River; thence N0o21'13” E a distance of 488.47' to 

the Thread of the Arkansas River; thence N70o12'00"E a distance of 2,189.22'; thence 

N71o28'45"E a distance of 4,880.66'; thence at an angle of 54o05,08" a distance (length) 

of 2,588.93' at a radius of 2,742.59' (also T=1,400.00'); thence S54o26'07"E a distance of 

2,024.81'; thence S27o39'12"W a distance of 686.83' to the Meander Line of the Arkansas 

River; thence S27o39'12"W a distance of 254.99'; thence at an angle of S17o44'50" a 

distance (length) of 941.13' at a radius of 3,038.39' (also 424.38'); thence N89o11'33"W a 
Sunoco, Inc. R&M 

OKD058078775-PC 

Post-Closure and Corrective Action Permit 

 2 Issued: June 1, 2009 

 

distance of 748.48'; thence S0o01'00"E a distance of 1,172.42'; thence at an angle of 

13o5'14" a distance (length) of 204.40' at a radius of 894.88'; thence S78o46'27"W at a 

distance of 0.00'; thence N88o8'19"W a distance of 4,572.38'; thence N0o19'09"E a 

distance of 427.00' (M); thence S89o46'32"W a distance of 522.13' (M); thence 

S0o19'09"W a distance of 407.99' (M); thence N88o08'19"W a distance of 3,958.37'to the 

Point of Beginning ending Area No.1 containing 703.86418 acres (M). 

AREA NO. 2

Beginning at the southwest corner of Section 11-T19N-R12E going 367.17' north along 

the west line of Section 11; thence N77o16'20"E a distance of (approx.) 25' to the Point of 

Beginning for Area No. 2; thence N0o01'00"W a distance of 1,096.79'; thence 

S89o11'33"E a distance of 711.26'; thence S9o54'22"W a distance of 622.19'; thence 

S26o28'54"W a distance of 0.00'; thence at an angle of 50o47'26" a distance (length) of 

793.28' at a radius of 894.88'; thence S77o16'20"W a distance of 0.00' to the Point of 

Beginning of Area No. 2 containing 13.64541 acres. 

AREA NO. 3 

Beginning at the SE corner of the SW/4 of the SE/4 of Section 10-T19N-R12E going 

north 50' (approx.) to the Point of Beginning of Area No. 3; thence S85o57'55"W a 

distance of 300.92'; thence S89o46'32"W a distance of 2,348.95'; thence N0o14,06"E a, 

distance of 333.50'; thence S88o08'19"E a distance of 2,093.62'; thence N1o51'41"E a 

distance of 25.00'; thence S88o08'19"E a distance of 555.00'; thence S0o04'02"W a 

distance of 242.08' to the Point of Beginning of Area No. 3 containing 17.59624 acres. 

AREA NO. 4

Beginning at the SE corner of the SW/4 of the SE/4 of Section 9-T19N-R12E going north 

a distance of 50' (approx.) along the SW/4, SE/4 section line; thence N0o0'0"E a distance 

of 50' to the Point of Beginning of Area No. 4; thence N89o46'36'W a distance of 

1,319.10’ (M); thence N0o20'31"E a distance of 238.29' (M); thence N88o08'19"W a 

distance of 252.29' (M); thence N1o51'41"E a distance of 226.00'; thence S88o08'19"E a 

distance of 1,692.82'; thence S0o19'50"W a distance of 423.02' to the Point of Beginning 

of Area No. 4 containing 16.02264 acres. 

(M) = Measured 

(D) = Deeded 

The facility covered by this Permit consists of an integrated crude oil refinery, owned and operated 

by the Permittee, which has been in existence since 1913. The refinery occupies approximately 800 

acres, and is bordered by the Arkansas River on the north. The Permittee has historically operated 

three (3) Land Treatment Units (LTUs) covering a total of 74.5 acres of the refinery property. 

These Units were operated under a previous RCRA Permit and are now closed. Due to past refinery 

operations, there are or have been a total of fifteen (15) non-permitted Solid Waste Management 

Units (SWMUs) in various locations over the site, consisting of landfills, other land treatment units, 

storage areas, and impoundments. As of the date of permit issuance, none of these is actively 

operating. Some have been closed with waste in-place, while others were “clean-closed” and the 

wastes have been removed. Some of the landfill SWMUs still require remedial actions to control 
Sunoco, Inc. R&M 

OKD058078775-PC 

Post-Closure and Corrective Action Permit 

 3 Issued: June 1, 2009 

 

and contain the wastes they hold. In addition, portions of the groundwater beneath the facility are 

contaminated with petroleum hydrocarbons, including a significant separate phase amount of Light 

Non-Aqueous Phase Liquids (LNAPL). 

This Permit is issued to cover: the corrective action requirements for certain SWMUs and an 

Area of Concern identified herein, as well as recovery of the LNAPL beneath the facility. The 

post-closure care for the LTUs will be integrated into the corrective action requirements for the 

SWMUs. This Permit does not authorize the construction or operation of any active hazardous 

waste management units. 

Prior to issuance of this Permit, several matters regarding corrective action investigation, interim 

measures and remediation were being addressed under a 2002 Consent Order between Sunoco 

and ODEQ in Case No. 02-190. These matters have now been completed or are incorporated 

into the requirements of this Permit. In accordance with General Paragraph 11 of the Consent 

Order, the ODEQ will terminate this Consent Order upon the effective date of this Permit. 

The Permittee must comply with all terms and conditions of this permit. This permit consists of 

the conditions contained herein (including those in any attachments); the applicable regulations 

of OAC 252:205; and the applicable regulations contained in 40 CFR Parts 124, 260 through 

264, 266, 268, and 270, all as specified in the permit. Applicable regulations are those which are 

in effect on the date of issuance of the permit, in accordance with 40 CFR 270.32(c). Primary 

responsibility for the enforcement under RCRA of the provisions of this permit shall lie with 

ODEQ. 

This permit is based on the assumption that all the information submitted in the Part B permit 

application attached to the Permittee's letter dated October 31, 1998, as modified by subsequent 

submittals dated May (and received June 2), 1999; December 17, 1999; October 1, 2001, April 15, 

2002, May 5, 2002, May 24, 2002, July 17, 2002, August 1, 2002, August 23, 2002, August 30, 

2002, September 13, 2002, September 16, 2002, September 24, 2002, October 8, 2002, October 9, 

2002, October 24, 2002, November 4, 2002, November 8, 2002, November 25, 2002, December 3, 

2002, February 7, 2003, February 13, 2003, February 18, 2003, February 26, 2003, February 27, 

2003, March 19, 2003, July 17, 2003, October 13, 2003, December 11, 2003, February 6, 2004, 

March 5, 2004, March 11, 2004, March 26, 2004, May 14, 2004, May 23, 2004, August 13, 2004, 

November 13, 2004, November 24, 2004, July 19, 2005, and January 30, 2007 (hereafter referred to 

as the application) was accurate when submitted. Any inaccuracies found in the submitted 

information may be grounds for the termination, revocation and reissuance, or modification of this 

permit in accordance with OAC 252:205 and 40 CFR 270.41, 270.42, and 270.43, and for 

enforcement action. 
Sunoco, Inc. R&M 

OKD058078775-PC 

Post-Closure and Corrective Action Permit 

 4 Issued: June 1, 2009 

 

This permit is effective as of June 1, 2009 and shall remain in effect until June 1, 2019 unless 

revoked and reissued under 40 CFR 270.41, terminated under 40 CFR 270.43, or continued in 

accordance with 40 CFR 270.51(a), OAC 252:205 and the Oklahoma Administrative Procedures 

Act. 

Issued this 1st day of June, 2009. 

 

 

 Saba Tahmassebi, Ph.D., P.E. Date 

 Chief Engineer 

 Land Protection Division 

 Department of Environmental Quality 

 _______________________________ __________________ 

 Scott Thompson, Director Date 

 Land Protection Division 

 Department of Environmental Quality 
Sunoco, Inc. R&M 

OKD058078775-PC 

Post-Closure and Corrective Action Permit 

i Issued: June 1, 2009 

 

TABLE OF CONTENTS 

Page No.

SECTION I - GENERAL PERMIT CONDITIONS ............................................................. I-1 

A. GENERAL ........................................................................................................... I-1 

B. BASIS OF PERMIT ........................................................................................... I-1 

C. INCORPORATION BY REFERENCE ........................................................... I-1 

D. DEFINITIONS .................................................................................................... I-1 

E. EFFECT OF PERMIT ....................................................................................... I-3 

F. PERMIT ACTIONS ........................................................................................... I-4 

G. SEVERABILITY ................................................................................................ I-5 

H. DUTIES AND REQUIREMENTS .................................................................... I-5 

I. SIGNATORY REQUIREMENT ..................................................................... I-10 

J. REPORTS, NOTIFICATIONS, AND SUBMISSIONS TO THE DEQ ...... I-10 

K. CONFIDENTIAL INFORMATION ............................................................... I-10 

L. DOCUMENTS TO BE MAINTAINED AT THE FACILITY ..................... I-10 

SECTION II - GENERAL CONDITIONS .............................................................................II-1 

A. DESIGN AND OPERATION ............................................................................II-1 

B. WASTE DISPOSAL PROHIBITED .................................................................II-1 

C. WASTE AND ENVIRONMENTAL MEDIA SAMPLING AND 

ANALYSIS ..........................................................................................................II-1 

D. SECURITY .........................................................................................................II-1 

E. GENERAL INSPECTION REQUIREMENTS ...............................................II-1 

F. PERSONNEL TRAINING ................................................................................II-1 

G. PREPAREDNESS AND PREVENTION ........................................................II-2 

H. CONTINGENCY PLAN ....................................................................................II-2 

SECTION III- CORRECTIVE ACTION ............................................................................. III-1 

A. SCOPE OF REQUIREMENTS ...................................................................... III-1 

B. UNIT IDENTIFICATION .............................................................................. III-1 

C. CORRECTIVE ACTION FOR LTUs ........................................................... III-4 

D. INSPECTIONS AND MAINTENANCE ....................................................... III-6 

E. SPECIFIC CONDITION – INVESTIGATION OF AREA OF 

CONCERN ........................................................................................................ III-6 

F. SPECIFIC CONDITION – CONTINUED REQUIREMENTS FOR 

PREVIOUSLY IDENTIFIED SWMU AND AOC ......................................... III-7 

G. FINANCIAL ASSURANCE ............................................................................ III-8 

H. CAPACITY OF OWNERS OR OPERATORS, GUARANTORS, OR 

FINANCIAL INSTITUTIONS ....................................................................... III-8 

I. FINANCIAL ASSURANCE FOR CORRECTIVE ACTION ....................... III-9 

J. LIABILITY REQUIREMENTS..................................................................... III-9 

K. LNAPL REMEDIATION ............................................................................... III-9 

L. GROUNDWATER MONITORING ............................................................ III-13 

M. STANDARD CORRECTIVE ACTION CONDITIONS ........................... III-20 
Sunoco, Inc. R&M 

OKD058078775-PC 

Post-Closure and Corrective Action Permit 

ii Issued: June 1, 2009 

 

LIST OF ATTACHMENTS 

#1. INTEGRATED CONTINGENCY PLAN 

#2. INSPECTION AND MAINTENANCE PLAN 

#3. FINANCIAL ASSURANCE COST ESTIMATE 

#4. GROUNDWATER MONITORING PLAN 

 APPENDIX A - E520 GROUNDWATER MONITORING PROGRAM 

 APPENDIX B - E521 GROUNDWATER MONITORING SAMPLE 

 COLLECTION 

 APPENDIX C - E522 GROUNDWATER MONITORING SAMPLE LIST 

 APPENDIX D - E523 GROUNDWATER MONITORING DATA 

 EVALUATION REPORTING & MODIFICATIONS 

 APPENDIX E - E524 GROUNDWATER MONITORING LNAPL AND 

 GROUNDWATER ELEVATION WELLS NETWORK 

 APPENDIX F - E525 GROUNDWATER MONITORING LIST OF 

 MONITORING WELLS AND FUNCTIONS 

#5. LIGHT NON-AQUEOUS PHASE LIQUID (LNAPL) RECOVERY PLAN 
Sunoco, Inc. R&M 

OKD058078775-PC 

Post-Closure and Corrective Action Permit 

 I-1 Issued: June 1, 2009 

 

SECTION I - GENERAL PERMIT CONDITIONS

A. GENERAL 

The Permittee shall monitor and maintain the facility in compliance with the provisions of the 

Oklahoma Hazardous Waste Management Act (OHWMA), 27A O.S. Sec. 2-7-101 et. seq., 

Oklahoma Administrative Code Title 252 Chapter 205 (OAC 252:205), the Federal Resource 

Conservation and Recovery Act (RCRA), including the 1984 Hazardous and Solid Waste 

Amendments to RCRA (HSWA), and the approved permit application as further modified through 

Permit Conditions set herein. 

B. BASIS OF PERMIT 

This permit is granted based on the information submitted and the design criteria presented in the 

Application dated October 31, 1998 and revised by submissions through January 2007. Any 

inaccuracies found in this information could provide cause for the termination or modification of 

this permit, and for enforcement action. The Permittee is to inform the Land Protection Division of 

the Department of Environmental Quality of any deviation from or changes in the design or 

operation of the facility which could affect the Permittee's ability to comply with the applicable 

regulations or Permit Conditions. 

The term of this permit is ten (10) years. This permit shall be reviewed by the DEQ five (5) years 

after the date of permit issuance and shall be modified as necessary, as provided in 40 CFR 270.41 

and 27A O.S. § 2-7-127(B). Except as provided in Permit Condition I.F.3. (40 CFR 270.51) the 

term of this permit shall not be extended by modification beyond the expiration date appearing on 

the face of this permit [40 CFR 270.50(b)]. 

C. INCORPORATION BY REFERENCE 

All the referenced Code of Federal Regulations (40 CFR) Parts 124, 260 through 266, 268, and 270 

as specified in the permit are, unless otherwise stated, incorporated in their entirety by OAC 

252:205-3-1 through OAC 252:205-3-6, as of the date of this permit. 

D. DEFINITIONS 

For purposes of this permit and the special conditions pursuant to HSWA, terms used herein shall 

have the same meaning as those in 40 CFR Parts 124, 260, 261, 264, 266, 268, and 270; and OAC 

252:205-1-2 through OAC 252;205-3-6; unless this permit specifically provides otherwise. Where 

terms are not defined in the OAC, RCRA regulations, or the permit, a standard dictionary reference 

or the generally accepted scientific or industrial meaning of the term shall define the meaning 

associated with such terms. 

“Action Levels” means health and environmental-based levels of constituent concentrations 

determined by the DEQ to be indicators for protection of human health and the environment. 
Sunoco, Inc. R&M 

OKD058078775-PC 

Post-Closure and Corrective Action Permit 

 I-2 Issued: June 1, 2009 

 

“Area of Concern” (AOC) means any discernable unit or area which, in the opinion of the DEQ, 

may have received solid or hazardous waste or waste containing hazardous constituents at any time. 

The DEQ may require investigation of the unit as if it were a Solid Waste Management Unit 

(SWMU). If shown to be a SWMU by the investigation, the AOC must be reported by the 

Permittee as a newly-identified SWMU. If the AOC is shown not to be a SWMU by the 

investigation, the DEQ may determine that no further action is necessary and notify the Permittee in 

writing. 

“CMS” means Corrective Measures Study. 

“Corrective Action” means remediation as well as continued monitoring and long-term 

maintenance of the SWMUs and LTUs. 

“DEQ” or “ODEQ” means the Oklahoma Department of Environmental Quality. 

“Director” means the Executive Director of the Oklahoma Department of Environmental Quality, 

or his/her designee or authorized representative. 

“Division Director” means the Director of the Land Protection Division of the Oklahoma 

Department of Environmental Quality, or his/her designee or authorized representative. 

“EPA” means the United States Environmental Protection Agency. 

“Facility” means all contiguous property under the control of the owner or operator seeking a 

permit under Subtitle C of RCRA. 

“HSWA” means the 1984 Hazardous and Solid Waste Amendments to RCRA. 

“Hazardous constituent” means any constituent identified in Appendix VIII of 40 CFR Part 261, 

or any constituent identified in Appendix IX of 40 CFR Part 264. 

“Hazardous waste” means a solid waste that is listed or identified as a hazardous waste in 40 CFR 

Part 261. 

“Land Protection Division” (LPD) means the Land Protection Division of the DEQ. 

“NFA” or “No Further Action” means that no additional investigation or remediation is known to 

be required for a designated SWMU or AOC, or portion thereof. “NFA” status does not relieve the 

Permittee of continued monitoring and/or maintenance of the area or unit, as may be specified 

elsewhere in this Permit. 

“Permit” means this permit as issued or modified, all Attachments to this permit, and conditions 

and documents incorporated, including all state and federal rules and law referenced herein. 

“Permittee” means Sunoco, Inc. (R&M), Tulsa Refinery, 1700 S. Union, Tulsa, Oklahoma 74107. 

EPA ID No. OKD058078775. 
Sunoco, Inc. R&M 

OKD058078775-PC 

Post-Closure and Corrective Action Permit 

 I-3 Issued: June 1, 2009 

 

“RCRA” means the Resource Conservation and Recovery Act of 1980 as amended by HSWA in 

1984. 

“RFA” means RCRA Facility Assessment. 

“RFI” means RCRA Facility Investigation. 

“Regional Administrator” means the Regional Administrator of EPA Region VI, or his/her 

designee or authorized representative. 

“Release” means any spilling, leaking, pouring, emitting, emptying, discharging, injecting, 

pumping, escaping, leaching, dumping, or disposing of hazardous wastes or hazardous constituents 

into the environment (including the abandonment or discarding of barrels, containers, and other 

closed receptacles containing hazardous wastes or hazardous constituents). 

“Solid Waste Management” means the systematic administration of activities which provide for 

the collection, source separation, storage, transportation, transfer, processing, treatment, and 

disposal of solid waste. 

“Solid Waste Management Unit” (SWMU) 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. The definition includes regulated units (i.e., landfills, surface 

impoundments, waste piles and land treatment units) but does not include passive leakage or onetime spills from production areas and units in which wastes have not been managed (e.g., product 

storage areas). 

 

If, subsequent to the issuance of this permit, regulations are promulgated which redefine any of the 

above terms, the DEQ may, at its discretion, apply the new definition to this permit by modifying 

the permit in accordance with 40 CFR Section 270.41. 

E. EFFECT OF PERMIT 

The Permittee is required to monitor and maintain the closed hazardous waste land treatment units 

(LTUs) in accordance with the conditions of this permit. Any storage, treatment, and/or disposal of 

hazardous waste not authorized in this permit is prohibited, unless exempted from permit 

requirements. The Permittee is also required to investigate, remediate as necessary, monitor, and 

maintain the Solid Waste Management Units, Areas of Concern, and hydrocarbon plumes identified 

within or subsequent to the issuance of this Permit. Subject to 40 CFR 270.4, compliance with this 

permit generally constitutes compliance, for purposes of enforcement, with Subtitle C of RCRA. 

Issuance of this permit does not convey any property rights of any sort or any exclusive privilege, 

nor does it authorize any injury to persons or property, any invasion of other private rights, or any 

infringement of state or local laws or regulations. Compliance with the terms of this permit does not 

constitute a defense to any order issued or any action brought under the OHWMA; Sections 

3008(a), 3008(h), 3013, or 7003 of RCRA; Sections 104, 106(a) or 107 of the Comprehensive 
Sunoco, Inc. R&M 

OKD058078775-PC 

Post-Closure and Corrective Action Permit 

 I-4 Issued: June 1, 2009 

 

Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq., 

commonly known as CERCLA), or any other law providing for protection of public health or the 

environment from an imminent or substantial endangerment. [40 CFR 270.4, 270.30(g)] 

F. PERMIT ACTIONS 

1 . Permit Modification, Revocation and Reissuance, and Termination

 This permit may be modified, revoked and reissued, or terminated for cause, as 

specified in 40 CFR 270.41, 270.42, and 270.43. The filing of a request for a permit 

modification, revocation and reissuance, or termination, or the notification of 

planned changes or anticipated noncompliance on the part of the Permittee, does not 

stay the applicability or enforceability of any Permit Condition. [40 CFR 270.4(a), 

270.30(f)] 

2 . Permit Renewal

 This permit may be renewed as specified in 40 CFR 270.30(b) and Permit Condition 

I.H.2. Review of any application for a permit renewal shall consider improvements 

in the state of control and measurement technology, as well as changes in applicable 

regulations. 

3 . Permit Expiration

 Pursuant to 40 CFR 270.50, this permit shall be effective for a fixed term not to 

exceed ten (10) years. This permit and all conditions herein will remain in effect 

beyond the permit's expiration date, provided the Permittee has submitted a timely, 

complete application, and through no fault of the Permittee, the DEQ has not issued 

a new permit, as set forth in 40 CFR 270.51. Permits continued under this section 

remain fully effective and enforceable. When the Permittee is not in compliance 

with the conditions of the expiring or expired permit, the DEQ may choose to do any 

one or more of the following: 

a. Initiate enforcement action based upon the permit which has been continued; 

b. Issue a notice of intent to deny the new permit under 40 CFR 124.6. If the 

permit is denied, the owner or operator would then be required to cease the 

activities authorized by the continued permit or be subject to enforcement 

action for operating without a permit; 

c. Issue a new permit under Part 124 with appropriate conditions; or 

d. Take other actions authorized by law. 

4 . Transfer of Permits
Sunoco, Inc. R&M 

OKD058078775-PC 

Post-Closure and Corrective Action Permit 

 I-5 Issued: June 1, 2009 

 

 This permit is not transferable to any person, except after notice to the DEQ. The 

DEQ may require modification or revocation and reissuance of the permit pursuant 

to 40 CFR 270.40. Before transferring ownership or operation of the facility during 

its operating life, the Permittee shall notify the new owner or operator in writing of 

the requirements of 27A O.S. Sec 2-7-109, 40 CFR Parts 264 and 270 and this 

permit. [40 CFR 270.30(l)(3), 264.12(c)] 

G. SEVERABILITY 

The provisions of this permit are severable, and if any provision of this permit, or the application of 

any provision of this permit to any circumstance is held invalid, the application of such provision to 

other circumstances and the remainder of this permit shall not be affected thereby. 

H. DUTIES AND REQUIREMENTS 

1 . Duty to Comply

 The Permittee shall comply with all conditions of this permit, except to the extent 

and for the duration an emergency permit authorizes that noncompliance. Any 

permit noncompliance, other than noncompliance authorized by an emergency 

permit, constitutes a violation of OHWMA and RCRA and is grounds for 

enforcement action; for permit termination, revocation and reissuance, or 

modification; or for denial of a permit renewal application. [40 CFR 270.30(a)] 

2 . Duty to Reapply

 The Permittee shall submit a complete application for a new permit at least 180 days 

before the expiration date of the effective permit. [40 CFR 270.10(h), 270.30(b)] 

3 . Biennial Report

 The Permittee shall comply with the biennial reporting requirements of OAC 

252:205-3-2(d) and 40 CFR 262.41. 

4 . Permit Expiration

 Refer to Permit Condition I.F.3. 

5 . Need to Halt or Reduce Activity Not a Defense

 It shall not be a defense for the Permittee, in an enforcement action, that it would 

have been necessary to halt or reduce the permitted activity in order to maintain 

compliance with the conditions of this permit. [40 CFR 270.30(c)] 

6 . Duty to Mitigate
Sunoco, Inc. R&M 

OKD058078775-PC 

Post-Closure and Corrective Action Permit 

 I-6 Issued: June 1, 2009 

 

 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. [40 CFR 270.30(d) and OAC 252:205-9-1] 

7 . 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. [40 

CFR 270.30(e)] 

8 . Duty to Provide Information

 The Permittee shall furnish to the DEQ, within a reasonable time, any relevant 

information which the DEQ may request to determine whether cause exists for 

modifying, revoking and reissuing, or terminating this permit, or to determine 

compliance with this permit. The Permittee shall also furnish to the DEQ, upon 

request, copies of records required to be kept by this permit. [40 CFR 270.30(h)] 

9 . Inspection and Entry

Pursuant to 40 CFR 270.30(i), the Permittee shall allow the DEQ, or an 

authorized representative, upon the presentation of credentials and other 

documents, as may be required by law, to: 

a. Enter at reasonable times upon the Permittee's premises where a regulated 

facility or activity is located or conducted, or where records must be kept 

under the conditions of this permit; 

b. Have access to and copy, at reasonable times, any records that must be 

kept under the conditions of this permit; 

c. Inspect at reasonable times any facilities, equipment (including monitoring 

and control equipment), practices, or operations regulated or required 

under this permit; and 

d. Sample or monitor, at reasonable times, for the purposes of assuring 

permit compliance or as otherwise authorized by RCRA, any substances 

or parameters at any location. 
Sunoco, Inc. R&M 

OKD058078775-PC 

Post-Closure and Corrective Action Permit 

 I-7 Issued: June 1, 2009 

 

10 . Monitoring and Records

 Samples and measurements taken for the purpose of monitoring shall be 

representative of the monitored activity. The method used to obtain a representative 

sample of the material to be analyzed must be the appropriate method from 

Appendix I of 40 CFR Part 261 or an equivalent method approved by the DEQ. 

Laboratory methods must be those specified in the most recent edition of Test 

Methods for Evaluating Solid Waste: Physical/Chemical Methods SW-846, 

Standard Methods of Wastewater Analysis, or an equivalent method approved in 

writing by the DEQ. [40 CFR 270.30(j)(1)] 

 The Permittee shall retain records of all monitoring information, including all 

calibration and maintenance records and all original strip chart recordings for 

continuous monitoring instrumentation, copies of all reports and records required by 

this permit, the certification required by 40 CFR 264.73(b)(9), and records of all data 

used to complete the application for this permit for a period of at least three (3) years 

from the date of the sample, measurement, report, record, certification, or 

application. These periods may be extended by request of the DEQ at any time and 

are automatically extended during the course of any unresolved enforcement action 

regarding this facility. The Permittee shall maintain records from all groundwater 

monitoring wells and associated groundwater surface elevations for the active life of 

the facility, and for disposal facilities for the post-closure care period as well. [40 

CFR 270.30(j)(2)] 

 Pursuant to 40 CFR 270.30(j)(3), records of monitoring information shall specify: 

1. The date(s), exact place, and times of sampling or measurements; 

2. The individual(s) who performed the sampling or measurements; 

3. The date(s) analyses were performed; 

4. The individual(s) who performed the analyses; 

5. The analytical techniques or methods used; and 

6. The results of such analyses. 

11 . Reporting Planned Changes

 The Permittee shall give notice to the DEQ, as soon as possible, of any planned 

material physical alterations or additions to the LTUs and SWMUs that are subject 

to further corrective action. [40 CFR 270.30(l)(1)] 
Sunoco, Inc. R&M 

OKD058078775-PC 

Post-Closure and Corrective Action Permit 

 I-8 Issued: June 1, 2009 

 

12 . Reporting Anticipated Noncompliance

 The Permittee shall give advance notice to the DEQ of any planned changes to the 

LTUs and SWMUs that are subject to further corrective action, or to activities 

regarding such units, which may result in a material noncompliance with permit 

requirements. [40 CFR 270.30(l)(2)] 

13 . Monitoring Reports [40 CFR 270.30 (l)(4)] 

a. The Permittee shall conduct the sampling at the intervals specified in this 

permit. 

b. The Permittee must report the results of all environmental monitoring to the 

DEQ within thirty (30) days of receipt of the results of sample analyses from 

the analytical laboratory, or no later than seventy-five (75) days after the end 

of the sampling event, whichever comes first. 

14 . Compliance Schedules

Reports of compliance or noncompliance with, or any progress reports on, interim 

and final requirements contained in any compliance schedule of this permit shall be 

submitted no later than fourteen (14) days following each scheduled date. [40 CFR 

270.30 (l)(5)] 

15 . Twenty-Four (24) Hour Reporting [40 CFR 270.30(1)(6) and OAC 252:205-13-

1] 

 

a. The Permittee shall immediately report to the DEQ any noncompliance, 

which may endanger human health or the environment. If a release of 

materials that are or become hazardous waste occurs, and such release 

could threaten human health and the environment, the Permittee shall take 

all necessary action to contain, remediate, and mitigate hazards from the 

release. Any such information shall be reported orally within twenty-for 

(24) hours from the time the Permittee becomes aware of the 

circumstances. The Permittee is not required to notify the DEQ of a 

release if it is completely contained in a secondary containment area, is 

remediated within 24 hours, or is less than 25 gallons. The report shall 

include the following: 

1. Information concerning the release of any hazardous waste that 

may cause an endangerment to public drinking water supplies. 

2. Any information of a release or discharge of hazardous waste, or of 

a fire or explosion from the hazardous waste management facility 

which could threaten the environment or human health outside the 

facility. 
Sunoco, Inc. R&M 

OKD058078775-PC 

Post-Closure and Corrective Action Permit 

 I-9 Issued: June 1, 2009 

 

b. The description of the occurrence and its cause shall include: 

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

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

3. Date, time, and type of incident; 

4. Name and quantity of materials involved; 

5. The extent of injuries, if any; 

6. An assessment of actual or potential hazards to the environment 

and human health outside the facility, where this is applicable; and 

7. Estimated quantity and disposition of recovered material that 

resulted from the incident. 

c. A written submission shall also be provided within five (5) days of the 

time the Permittee becomes aware of the circumstances. The written 

submission shall contain a description of the noncompliance and its cause; 

the period(s) of noncompliance (including exact dates and times); whether 

the noncompliance has been corrected; and, if not, the anticipated time it is 

expected to continue; and steps taken or planned to reduce, eliminate, and 

prevent recurrence of the noncompliance. The DEQ may waive the fiveday written notice requirement in favor of a written report within fifteen 

(15) days. 

16 . Other Noncompliance

 The Permittee shall report all other instances of noncompliance not otherwise 

required to be reported under Permit Conditions I.H.12 - 15, at the time monitoring 

reports are submitted. The reports shall contain the information required in Permit 

Condition I.H.15. [40 CFR 270.30(l)(10)] 

17 . Other Information

 Whenever the Permittee becomes aware that it failed to submit any relevant facts in 

the permit application, or submitted incorrect information in a permit application or 

in any report to the DEQ, the Permittee shall promptly submit such facts or 

information. [40 CFR 270.30(l)(11)] 
Sunoco, Inc. R&M 

OKD058078775-PC 

Post-Closure and Corrective Action Permit 

 I-10 Issued: June 1, 2009 

 

I. SIGNATORY REQUIREMENT 

All applications or reports submitted to or requested by the DEQ, his designee, or authorized 

representative, shall be signed and certified in accordance with 40 CFR 270.11 and 270.30(k). 

J. REPORTS, NOTIFICATIONS, AND SUBMISSIONS TO THE DEQ 

All reports, notifications, or other submissions which are required by this permit to be sent or given 

to the DEQ should be sent by certified mail, overnight delivery, or hand delivery, to: 

 Saba Tahmassebi, Ph.D., P.E., Chief Engineer 

 Land Protection Division 

 Oklahoma Department of Environmental Quality 

 707 N. Robinson, P.O. Box 1677 

 Oklahoma City, Oklahoma 73101-1677 

 Phone Number (405) 702-5100 

K. CONFIDENTIAL INFORMATION 

In accordance with 40 CFR 270.12 and OAC 252: 4-1-5(d) and OAC 252:205-1-4, the Permittee 

may claim confidential any information required to be submitted by this permit. Any such claim 

must be asserted at the time of submission in the manner prescribed on the application form or 

instructions, or in the case of other submissions, by stamping the words “confidential business 

information” on each page containing such information. If no claim is made at the time of the 

submission, EPA and DEQ may make the information available to the public without further notice. 

If a claim is asserted, the information will be treated in accordance with the procedures in 40 CFR 

Part 2 (Public Information). Claims of confidentiality for the name and address of any permit 

applicant or Permittee will be denied. 

L. DOCUMENTS TO BE MAINTAINED AT THE FACILITY 

The Permittee shall maintain at the facility, until corrective action is completed and certified by an 

independent, registered professional engineer, the following documents and all amendments, 

revisions and modifications to these documents: 

1. A list of the wastes that have been land treated or a list of hazardous constituents 

reasonably expected to be in or derived from the wastes that were land treated in the 

past in accordance with 40 CFR 270.14(b)(2). 

2. Inspection schedules, as required by 40 CFR 264.15(b)(2) and this permit (See 

Permit Attachment 1). 

3. Integrated Contingency Plan, as required by 40 CFR 264.53(a) and this permit (See 

Permit Attachment 1). This Plan need only be maintained at the facility until three 
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Post-Closure and Corrective Action Permit 

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(3) years after all SWMUs and/or regulated units are certified as closed or 

remediated, and such certifications are accepted by the DEQ. 

4. Operating record, as required by 40 CFR 264.73 and this permit. 

5. All other documents required by Section I, Permit Condition H.10. 

6. Annually-adjusted cost estimate for corrective measures (See Permit Attachment 

3). 

7. Groundwater Performance Monitoring Plan (See Permit Attachment 4). 

8. LNAPL Recovery Plan (See Permit Attachment 5). 
Sunoco, Inc. R&M 

OKD058078775-PC 

Post-Closure and Corrective Action Permit 

 II-1 Issued: June 1, 2009 

 

SECTION II - GENERAL CONDITIONS 

A. DESIGN AND OPERATION 

The Permittee shall maintain the LTUs and SWMUs that are subject to further corrective action 

to minimize the possibility of a fire, explosion, or any unplanned, sudden or non-sudden release 

of hazardous waste constituents to air, soil, groundwater, or surface water which could threaten 

human health or the environment, as required by 40 CFR 264.31 and OAC 252:205-9-1. 

B. WASTE DISPOSAL PROHIBITED 

The Permittee shall not dispose of any hazardous waste on-site. Hazardous wastes generated at 

the facility may be temporarily stored on-site as specified in 40 CFR 262.34. 

C. WASTE AND ENVIRONMENTAL MEDIA SAMPLING AND ANALYSIS 

The Permittee shall follow the sampling and analysis procedures as detailed in the Groundwater 

Monitoring Plan, Permit Attachment 4. The analysis of all samples (waste, water, soils, etc.) is 

to be conducted in accordance with the Groundwater Monitoring Plan. 

At a minimum, the Permittee shall maintain proper functional instruments, use approved 

sampling and analytical methods, verify the validity of sampling and analytical procedures, and 

perform correct calculations. If the Permittee uses a contract laboratory to perform analyses, 

then the Permittee shall inform the laboratory in writing that it must operate under the sample 

analysis conditions set forth in this permit. 

D. SECURITY 

The Permittee shall comply with the security provisions in Permit Attachment 1. 

E. GENERAL INSPECTION REQUIREMENTS 

The Permittee shall follow the inspection schedules set out in Permit Attachments 2 and 4. The 

Permittee shall remedy any deterioration or malfunction discovered by an inspection consistent 

with 40 CFR 264.15(c). Records of inspections shall be kept consistent with 40 CFR 264.15(d). 

F. PERSONNEL TRAINING 

The Permittee shall ensure that all personnel performing functions involving hazardous waste are 

properly trained for the duties performed in accordance with 40 CFR 264.16. A description of 

the required training for personnel, and documents and records listing all relevant training 

received, shall be maintained at the facility as required by 40 CFR 264.16(d) and (e). These 

records shall be made available for inspection by DEQ personnel upon request. 
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Post-Closure and Corrective Action Permit 

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G. PREPAREDNESS AND PREVENTION 

1 . Required Equipment

 At a minimum, the Permittee shall maintain at the facility the equipment set forth in 

the Integrated Contingency Plan, Permit Attachment 1. 

2 . Testing and Maintenance of Equipment

 The Permittee shall test and maintain the equipment specified in Permit Condition 

II.G.1, as necessary, to assure its proper operation in time of emergency consistent 

with 40 CFR 264.33. 

3. Access to Communications or Alarm System

 The Permittee shall maintain access to the communications or alarm system 

consistent with 40 CFR 264.34. 

 

4. Arrangements with Local Authorities

 The Permittee shall maintain arrangements with state and local authorities consistent 

with 40 CFR 264.37. If state or local officials refuse to enter into preparedness and 

prevention arrangements with the Permittee, the Permittee must document this 

refusal in the operating record. 

H. CONTINGENCY PLAN 

1 . Implementation of Plan

 The Permittee shall immediately carry out the provisions of the Integrated 

Contingency Plan, Permit Attachment 1, whenever there is a fire, explosion, or 

release of hazardous waste or constituents which could threaten human health or the 

environment. 

2 . Copies of Plan

 The Permittee shall maintain and distribute copies of the Contingency Plan 

consistent with 40 CFR 264.53. 

3 . Amendments to Plan

 The Permittee shall review and immediately amend, if necessary, the Contingency 

Plan consistent with 40 CFR 264.54. Such amendment may require permit 

modification in accordance with 40 CFR 270.42. 
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OKD058078775-PC 

Post-Closure and Corrective Action Permit 

 II-3 Issued: June 1, 2009 

 

4 . Emergency Coordinator

 A trained emergency coordinator shall be available at all times in case of an 

emergency consistent with 40 CFR 264.55. 
Sunoco, Inc. R&M 

OKD058078775-PC 

Post-Closure and Corrective Action Permit 

 III-1 Issued: June 1, 2009 

 

SECTION III - CORRECTIVE ACTION 

A. SCOPE OF REQUIREMENTS 

This Section addresses the corrective action that is required for the closed Land Treatment Units 

(LTUs), the identified Solid Waste Management Units (SWMUs), an Area of Concern (AOC), and 

any newly-identified SWMUs and potential AOCs. These requirements include groundwater 

monitoring, development of groundwater media protection standards, and financial assurance for 

corrective measures. This Section also addresses the recovery requirements for the Light NonAqueous Phase Liquids (LNAPL). The LTUs and SWMUs are identified as described below. 

B. UNIT IDENTIFICATION 

1 . Land Treatment Units (LTUs) (Also referred to as SWMU 16)

 The LTUs are composed of three designated plots consisting of approximately 74.5 

total acres: 1) East Land Treatment Area (16.47 acres); 2) Central Land Treatment 

Area (27.34 acres); and 3) West (Allison) Land Treatment Area (30.69 acres). The 

LTU facility has been operated since the mid-1970’s, and managed under permitted 

regulation status since 1988. Wastes applied to the LTU consisted of liquid and 

solid residues from various on-site refinery operations. The listed hazardous wastes 

that were historically applied (hazardous waste application ceased in 1994) to the 

LTU included: Dissolved air floatation (DAF) float (K048), slop oil emulsion solids 

(K049), API separator sludge (K051), leaded gasoline tank bottom sludge (K052), 

and oil/water/solids separation sludge (F037). Although these were the primary 

waste streams applied, other hazardous and non-hazardous wastes have been treated 

in the unit. The Closure Certification for these units was accepted on August 22, 

2003. 

2 . The SWMUs are identified as:

a. SWMU 1 (Midco Landfill) is a closed landfill site of approximately 2.5 

acres which originally received petroleum sludges; the wastes were 

subsequently removed for disposal elsewhere and the area was backfilled 

with soils and construction/demolition debris. The landfill was closed in 

1982 and was not a regulated unit under the initial RCRA operating Permit 

of October, 1988. As of the date of issuance of this Permit, the SWMU is 

in no further [corrective] action (NFA) status. 

b. SWMU 2 (West Landfarm) use began in the mid to late 1970s. The unit is 

approximately 175 feet by 375 feet and is a former land treatment unit. It 

has not been utilized since 1980. The 1988 RCRA permit required a RFI 

for SWMU 2. The Permittee completed the RFI in accordance with an 

approved work plan. The Permittee concluded that there were no 

hazardous constituents above background and requested a determination 
Sunoco, Inc. R&M 

OKD058078775-PC 

Post-Closure and Corrective Action Permit 

 III-2 Issued: June 1, 2009 

 

for no further action. This SWMU has been deleted from the permit. (See 

Table III.B.) 

c. SWMU 3 (Tetraethyl Lead (TEL) Weathering Area) has gone unused 

since before 1966. It is approximately 500 feet by 30 feet. The SWMU 

was a staging area for steel used in hydrofluoric acid and TEL service. The 

Permittee cleaned the unit during the winter of 1981. The July 21, 1986 

RFA Report included a recommendation for no further action due to prior 

waste removal. The 1988 RCRA permit did not require a RFI for SWMU 

3. This SWMU has been deleted from the permit. (See Table III.B.) 

d. SWMU 4 (Asphalt Sludge Landfill) is a closed landfill which was used for 

the disposal of asphaltic sludges and related wastes. The landfill is on the 

northern edge of the refinery property, on the bank of the Arkansas River. 

Use of the landfill ceased before 1966, and a mixed cover of shale and 

native soils was placed on the area. Seepage was noted from the base of 

the fill, and in 2003 an interim remedial measure was implemented to 

place a collection and drainage trench on the downgradient edge of the 

landfill, and recap the fill. The area was also contoured for proper 

drainage, and erosion control. The closure of this SWMU was accepted 

on March 12, 2004. The SWMU is currently subject to continued 

monitoring and operation of the collection system. 

e. SWMU 5 (North Petroleum Sludge Landfill) is located in the north-central 

portion of the Facility, north of the USACE levee. Historically, SWMU 5 

was utilized for deposition of acid sludge and other petroleum sludges, 

coke fines, spent filter clays, catalyst fines, and demolition waste. 

Deposition ceased prior to 1971. The Permittee has completed an interim 

remedial measure that involves re-grading of the SWMU 5 area, erosion 

control measures, stabilization of the riverbank, limited removal and 

conditioning of exposed surface waste, limited removal and conditioning 

of waste material from the riverbank and the adjacent riverbed, and overall 

SWMU surface conditioning. The interim remedial measure was accepted 

by the DEQ in February 2007. 

f. SWMU 6 (Northeast Landfill) is located in the extreme northeastern area 

of the refinery. It occupies an area of approximately 9 acres according to 

past documents. The unit received demolition debris, acidic petroleum 

sludges and clays (presumed to be filter clays), tank bottom sludge, 

refining residue from burn pits and trash from a period between 1949, or 

earlier, until some time between 1954 and 1961. The Permittee 

implemented an interim measure for SWMU 6 involving re-grading of the 

SWMU area, erosion control measures, stabilization of the riverbank, 

limited removal and conditioning of exposed surface waste, limited 

removal of waste material from the riverbank and the adjacent riverbed, 
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OKD058078775-PC 

Post-Closure and Corrective Action Permit 

 III-3 Issued: June 1, 2009 

 

and overall SWMU surface conditioning. Remedial activities were 

completed in 2006. 

g. SWMU 7 (East Landfill) is a closed landfill of approximately 6 acres 

which received spent filter clays, petroleum sludges, rock, gravel, and 

trash. The landfill was closed no later than 1961 and a number of 

structures and refinery units have been constructed above it; the unit was 

not a regulated unit under the initial RCRA operating Permit of October, 

1988. As of the date of issuance of this Permit, the SWMU is in "NFA" 

status. (See Table III.B.) 

h. SWMU 8 (Scrap Metal Landfill) is a closed landfill of approximately 0.3 

acres which received scrap metals from hydrofluoric acid service (and 

possibly from tetraethyl lead service). The landfill was closed prior to 

1980 and was not a regulated unit under the initial RCRA operating Permit 

of October, 1988. As of the date of issuance of this Permit, the SWMU is 

in "NFA" status. (See Table III.B.) 

i. SWMU 9 (Concrete Sump) is a concrete pad used from 1973 to 1981 to 

collect petroleum sludge. During the time of the RFA visual Facility 

inspection in 1986, the SWMU was in use to melt wax removed from 

tanks. The July 21, 1986 RFA Report included a recommendation for no 

further action except for inclusion in the facility-wide groundwater 

program. The 1988 RCRA permit did require a RFI for SWMU 9. The 

Permittee completed the RFI in accordance with an approved workplan. 

The Permittee found influence of a hydrocarbon plume 12 to 13 feet below 

the ground surface. The Permittee identified a clean zone below the 

SWMU and above the hydrocarbon plume. This information indicates the 

hydrocarbon plume found beneath the SWMU did not originate from this 

unit, but from historical petroleum leaks and spills. Therefore, this SWMU 

has been deleted from the permit. (See Table III.B.) 

j. SWMU 10 (Wastewater Treatment System) consists of a number of 

above-ground and in-ground tanks and vessels, and associated piping and 

ancillary equipment, which treats all refinery wastewaters for discharge. 

The unit is an active operations unit as of the date of issuance of this 

Permit. 

k. SWMU 11 (Spray Pond) is a former cooling water pond now used to 

collect storm water runoff. It was used for cooling water until circa 1960. 

It was converted to a storm water pond circa 1972. The July 21, 1986 

RFA Report included a recommendation for no further action except for 

inclusion in the facility-wide groundwater program. The 1988 RCRA 

permit did require a RFI for SWMU 11. The Permittee completed the RFI 

in accordance with an approved workplan. The Permittee concluded that 

the RFI results showed no significant results greater than background, and 
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Post-Closure and Corrective Action Permit 

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requested a determination for no further action. The Permittee collected 

storm water samples from the SWMU April 14, 1999. All results complied 

with NPDES permit limits. This SWMU has been deleted from the 

permit. (See Table III.B.) 

l. SWMU 12 (Cat Cracker Landfill) is a closed landfill of approximately 3 

acres which received cinders, coke fines, railroad engines, rocks, scrap 

wood, scrap metal, and bricks. The landfill was closed prior to 1948, and 

a number of structures and refinery units have been constructed above it; 

the unit was not a regulated unit under the initial RCRA operating Permit 

of October, 1988. As of the date of issuance of this Permit, the SWMU is 

in "NFA" status. (See Table III.B.) 

m. SWMU 13 (Scrap Metal Landfill) is a closed landfill of approximately 

900 ft2

 which received steel parts removed from hydrofluoric or tetraethyl 

lead service. The landfill was closed prior to the implementation of 

RCRA and a gas flare has been constructed above it; the unit was not a 

regulated unit under the initial RCRA operating Permit of October, 1988. 

As of the date of issuance of this Permit, the SWMU is in "NFA" status. 

(See Table III.B.) 

n. SWMU 14 (Allison Property Landfill) is a closed landfill of 

approximately 2.5 to 3.0 acres which received asphaltic sludges for 

disposal. The landfill is believed to have ceased operation before 1943, 

and has undergone Interim Measures which were approved by the U.S. 

EPA. These Interim Measures were completed in 1995. The unit was not 

a regulated unit under the initial RCRA operating Permit of October, 

1988. As of the date of issuance of this Permit, the SWMU is in "NFA" 

status. (See Table III.B.) 

o. SWMU 15 (Storm Water Impoundments) is composed of the East and 

West basins. They operate as surge basins for nonhazardous stormwater 

and emergency process wastewater by-passes. These were RCRAregulated units from 1991 when they were managing hazardous 

wastewater. In 1994, they were clean closed and ceased being RCRAregulated. The basins are underlain by a liner system composed of two 

feet of compacted clay and an eighty-mil HDPE liner. This SWMU has 

been deleted from the permit. (See Table III.B.) 

C. CORRECTIVE ACTION FOR LTUs 

1. Pursuant to 40 CFR 264.90(f), 264.110(c), 264.118(b)(4) and (d)(2), and 

264.140(d), which have been incorporated by reference at OAC 252:205-3-2(f), 

DEQ may replace all or part of the post-closure requirements of 40 CFR 264.91 

through 264.100 applying to the regulated LTUs with alternative requirements for 
Sunoco, Inc. R&M 

OKD058078775-PC 

Post-Closure and Corrective Action Permit 

 III-5 Issued: June 1, 2009 

 

groundwater monitoring and corrective action, including financial responsibility, 

where DEQ determines, as it has, that: 

a. The regulated LTUs are situated among solid waste management units (or 

areas of concern), a release has occurred, and both the regulated LTUs and 

one or more SWMUs or AOCs are likely to have contributed to the 

release; and 

b. It is not necessary to apply the groundwater monitoring and corrective 

action requirements of subsections 264.91 through 264.100 because 

alternative requirements will protect human health and the environment. 

 Accordingly, instead of the post-closure care requirements at 40 CFR 264.91 

through 264.100, the Permittee shall conduct groundwater monitoring and corrective 

action, including financial responsibility, for the LTUs in the same manner as for the 

SWMUs as summarized in Table III.B. and as specified in this permit. The LTUs 

will be identified as SWMU 16. 

2. The Permittee shall implement the Inspection and Maintenance Plan, Attachment 

2. 

3. The Permittee shall not allow any use of the units designated in Permit Condition 

III.B.1 which will disturb the integrity of the final cover, any components of the 

containment system, or the function of the facility’s monitoring systems. [40 

CFR 264.117(c)]. 

4. The Permittee shall comply with the requirements for land treatment units as 

follows: [40 CFR 264.280(c)] 

a. Continue any operations necessary to enhance degradation and 

transformation and sustain immobilization of hazardous constituents in the 

treatment zone to the extent that such measures are consistent with other 

corrective action activities; 

b. Maintain a vegetative cover over closed portions of the facility. [40 CFR 

264.280(c)(2)]. 

c. Maintain the run-on control system required under 40 CFR 264.273(c). 

d. Maintain the run-off management system required under 40 CFR 

264.273(d). 

e. Control wind dispersal of hazardous waste as required under 40 CFR 

264.273(f). 
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Post-Closure and Corrective Action Permit 

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f. Continue to comply with any prohibitions or conditions concerning 

growth of food-chain crops required under 40 CFR 264.276. 

5. The Permittee may irrigate the LTUs using treated wastewater as specified in 

Permit Number OK0000876 issued under the Oklahoma Pollutant Discharge 

Elimination System. In addition to the requirements of that Permit, the following 

will also apply: 

a. Applications will be limited to a volume of water equivalent to 3⁄4" (0.75 

inch) over the area irrigated during a twenty-four (24) hour period. The 

maximum volume of water applied annually to any LTU area shall be 

limited to six inches (6"), without prior written notice to the DEQ. 

b. At least annually, the Permittee shall evaluate the effects of the irrigation, 

if any, upon groundwater elevation, flow, and quality, and report the 

results of this evaluation to the DEQ. 

D. INSPECTIONS AND MAINTENANCE 

1 . The Permittee shall inspect the components, structures, and equipment at the site 

in accordance with the Inspection Schedule, Permit Attachment 4. [40 CFR 

264.117(a)(1)(ii)] 

2 . The Permittee shall comply with the following requirements for all identified 

SWMUs which have waste left in place: 

a. Maintain the integrity and effectiveness of the final cover, including 

making repairs to the cap, as necessary, to correct the effects of settling, 

subsidence, erosion, or other events; 

b. Continue to operate any hydrocarbon removal system(s) in accordance 

with Section III.K. 

c. Prevent run-on and run-off from eroding or otherwise damaging the final 

cover; and 

3 . The Permittee shall maintain the groundwater monitoring system required under 

Section III.L. 

E. SPECIFIC CONDITION – INVESTIGATION OF AREA OF CONCERN 

1. Within ninety (90) days of issuance of the permit, the Permittee shall submit to DEQ 

a work plan, including a schedule, to assess the current and potential releases of 

hazardous wastes and hazardous constituents from AOC 1 as defined in Table III.B. 
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OKD058078775-PC 

Post-Closure and Corrective Action Permit 

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2. After DEQ’s written approval of the work plan, and in accordance with the approved 

schedule, the Permittee shall conduct the assessment and submit a report to DEQ 

identifying and discussing the findings and any recommendations for further action, 

and proposing a schedule for implementation of any recommended further action. 

After DEQ’s review and approval or approval with modifications of the 

recommendations, the permit shall be modified in accordance with Section III.M. to 

specify any further action that the Permittee shall undertake regarding AOC 1. 

F. SPECIFIC CONDITION – CONTINUED REQUIREMENTS FOR PREVIOUSLY 

IDENTIFIED SWMU AND AOC 

1. SWMU 10 – Wastewater Treatment System

a. The Permittee shall provide written notice to the DEQ at least fifteen (15) 

calendar days prior to beginning any excavations, repairs, expansions or 

other modifications of this SWMU which would involve the exposure of 

soils or other materials contaminated with hazardous constituents. The 

notice shall include a description of the work anticipated, the extent of any 

excavations, the area of the unit affected, and the provisions to be used to 

evaluate any exposed materials for proper handling to prevent any release of 

hazardous constituents which might affect human health or the environment. 

i. In the event immediate repairs are needed to the unit to prevent or 

minimize a non-permitted release to the environment, or significant 

economic loss to the Permittee, or to respond to an emergency 

situation, the requirement for written prior notification in Permit 

Condition III.F.1.a. is waived, provided that the alternate notification 

requirements of Permit Condition III.F.1.a.ii. are followed. 

ii. In the event immediate repairs to the unit are deemed necessary 

under Permit Condition III.F.1.a.i, the Permittee shall notify the DEQ 

by telephone or facsimile transmission as soon as possible (but no 

later than twenty-four (24) hours after the need for immediate repair 

is recognized), and shall submit the formal written notification 

described under Permit Condition III.F.1.a. within 15 calendar days 

after repair work begins. 

b. The Permittee shall provide written notice and a plan to the DEQ at least 

sixty (60) calendar days prior to beginning the closure, replacement or 

reconstruction of any in-ground or below-ground units within this SWMU. 

Said Plans are subject to review and approval by the DEQ. 

2. AOC 2 – Areas E, F, G Riverbank Containment System

a. The Permittee installed a system to contain LNAPL and prevent LNAPL 

releases from the riverbank in Areas E, F and G. The system became 
Sunoco, Inc. R&M 

OKD058078775-PC 

Post-Closure and Corrective Action Permit 

 III-8 Issued: June 1, 2009 

 

operational on December 31, 2007. Construction drawings for installation of 

the system were submitted to DEQ on April 28, 2008. The drawings were 

approved by DEQ on May 5, 2008. 

G. FINANCIAL ASSURANCE 

The Permittee shall maintain financial assurance for the LNAPL Containment Systems identified 

in Condition III.K.1.a, the groundwater monitoring system for the wells identified in Condition 

III.L.2.a.i., and the remedial measures that maintain the integrity and covers of the LTUs and 

SWMUs, all of which shall be collectively referred to as the “Current Corrective Measures.” 

The Permittee shall maintain financial assurance under this Condition III.G. during the ten year 

term of this Permit and any period of continuance prior to re-issuance. In all other respects, the 

financial assurance shall be consistent with all applicable requirements of 40 CFR Part 264 

Subpart H as if the costs were post-closure care costs [40 CFR 264.145], including the following: 

1 . The Permittee has submitted updated cost estimates for the financial assurance 

required by Condition III.G., which, subject to any changes required by 

Conditions III.G.2, 3 or 4 and Condition III.I, shall be used as the basis of the 

financial assurance. Within sixty (60) days of the effective date of this permit, the 

Permittee shall update the financial assurance to cover the updated cost estimates. 

2 . Within sixty (60) days of DEQ’s approval of any new corrective measure for an 

LTU, SWMU, or AOC, the Permittee shall submit a cost estimate consistent with 

40 CFR 264.145. Within sixty (60) days of DEQ approval of such cost estimate, 

the Permittee shall update the financial assurances to include the estimated costs. 

3 . The cost estimates shall be adjusted annually consistent with 40 CFR 264.144 and 

264.145. 

4 . The DEQ may approve a decrease in the cost estimate for the financial assurance 

mechanism if the owner or operator demonstrates to the DEQ that the amount of 

the cost estimate exceeds the remaining cost of the Current Corrective Measures 

or any new corrective measures [40 CFR 264.145(f)(9)]. 

5 . The owner or operator is no longer required to submit the specified items [40 CFR 

264.145(f)(3)] necessary to demonstrate he/she meets the financial test when the 

requirements of 40 CFR 264.145(f)(10) are met. 

H. CAPACITY OF OWNERS OR OPERATORS, GUARANTORS, OR FINANCIAL 

INSTITUTIONS 

The Permittee shall comply with 40 CFR 264.148, whenever necessary. 
Sunoco, Inc. R&M 

OKD058078775-PC 

Post-Closure and Corrective Action Permit 

 III-9 Issued: June 1, 2009 

 

I. FINANCIAL ASSURANCE FOR CORRECTIVE ACTION 

The Permittee shall demonstrate continuous compliance with its financial assurance obligations 

in the permit by providing documentation of financial assurance consistent with 40 CFR 264.151 

or 264.149, in at least the amount of the cost estimates required by Permit Condition III.G. 

Changes in financial assurance mechanisms must be approved by the DEQ consistent with 40 

CFR 264.145 or 264.149. 

J. LIABILITY REQUIREMENTS 

Because all hazardous waste management units subject to permitting, i.e., the LTUs, have been 

certified as closed, and such certifications have been accepted by the DEQ, under 40 CFR 

264.147(e), the Permittee is no longer required to maintain liability coverage for sudden and 

nonsudden accidental occurrences. 

K. LNAPL REMEDIATION 

1 . General Requirements

The Permittee shall maintain and continue to operate the LNAPL recovery and containment 

systems currently in place as described by Attachment 5. In addition, the Permittee shall 

install, maintain, and operate any additional remediation systems deemed necessary by this 

Section. 

a. Existing remediation systems for the recovery and removal of Light NonAqueous Phase Liquids (LNAPL), consisting of petroleum hydrocarbons 

and related materials, are designated as follows: 

i. Containment systems consisting of recovery wells, as described in 

Attachment 5. These wells are located primarily on the northern 

boundary of the refinery, to prevent LNAPL from leaving the facility 

property and entering the Arkansas River. Modifications to these 

systems will require the written approval of the DEQ as specified in 

Attachment 5, but shall not be considered as Permit Modifications. 

ii. LNAPL recovery systems consisting of recovery wells, as described 

in Attachment 5. These wells are located throughout the interior of 

the refinery to remove specific areas of LNAPL. Modifications to 

these systems may be made at the discretion of the Permittee, 

provided the overall effectiveness of the system(s) is(are) not 

reduced. 

2 . Interim LNAPL Remediation Goals

a. The interim goals of the LNAPL remediation program are to recover 

LNAPL and prevent sheening in the River. To achieve these goals, in 
Sunoco, Inc. R&M 

OKD058078775-PC 

Post-Closure and Corrective Action Permit 

 III-10 Issued: June 1, 2009 

 

addition to continuation of the LNAPL Containment and Recovery 

Systems as described in Attachment 5, the Permittee shall: 

i. Conduct bi-weekly inspections for sheening along the entire length 

of the facility to detect the presence of hydrocarbon discharge to 

the Arkansas River. 

ii. If sheening in the same area is identified during four consecutive biweekly (fortnightly) inspections, within fifteen (15) days of the 

fourth bi-weekly inspection, the Permittee shall notify the DEQ in 

writing. Such notification shall include a summary of relevant data 

or observations, a preliminary identification of the known or 

suspected source of and reasons for the sheening, and any other 

information deemed pertinent by the Permittee. The Permittee shall 

request a conference with DEQ to obtain its review and preliminary 

concurrence regarding the probable source of the sheening. After 

obtaining DEQ’s preliminary concurrence, the Permittee shall 

undertake the appropriate action as follows: 

A. If the sheening is believed to be from the LNAPL plume 

which is present on the surface of the water table beneath 

SWMUs 4, 5, 6 or 14, within ninety (90) days of DEQ’s 

concurrence regarding the probable source, the Permittee 

shall submit a work plan to DEQ proposing further 

investigations, assessments, or containment measures that 

should be undertaken, and a schedule for all proposed work; 

or 

B. If the sheening is believed to be from releases of waste in the 

surface or subsurface areas of SWMUs 4, 5, 6 or 14, within 

the later of ninety (90) days of DEQ’s concurrence regarding 

the probable source or three years from the date in which the 

installation of the remedial measures was completed at the 

probable source SWMU, the Permittee shall submit a work 

plan to DEQ proposing further investigations, assessments, or 

remedial measures that should be undertaken and a schedule 

for all proposed work; or 

C. If the sheening is believed to be from the LNAPL plume 

which is present on the surface of the water table beneath 

AOC 1 as defined in Table III.B. or from releases of waste in 

the surface or subsurface areas in AOC 1, the Permittee shall 

address the sheening in the AOC 1 Assessment required 

under Condition III.E., or if that AOC 1 Assessment has been 

completed, within 180 days of DEQ’s concurrence regarding 

the probable source, the Permittee shall submit a work plan to 
Sunoco, Inc. R&M 

OKD058078775-PC 

Post-Closure and Corrective Action Permit 

 III-11 Issued: June 1, 2009 

 

DEQ proposing investigations, assessments, containment 

systems, or remedial measures that should be undertaken, and 

a schedule for all proposed work. 

ii. After DEQ approves the proposed work, the Permittee shall 

implement the approved work in accordance with the approved 

schedules. 

iii. In addition, the Permittee shall employ booms as necessary to control 

the migration of floating hydrocarbons in the River. 

iv. The Permittee shall also continue to conduct the semi-annual 

evaluations of the LNAPL Containment Systems and the LNAPL 

Recovery Systems and provide DEQ with the semi-annual reports as 

required by Attachment 5. 

3 . Additional Remedial Measures and Modification of Existing Measures

a. The DEQ may require the Permittee to implement additional remediation 

measures, on an emergency basis or otherwise, to address any LNAPL 

contamination deemed to present an on-going, significant and/or 

immediate threat to human health or the environment. Such requirements 

may be imposed by a DEQ-ordered Permit modification (40 CFR 270.41); 

Emergency Permit (40 CFR 270.61); Temporary Authorization of a Permit 

Modification (40 CFR 270.42(e)); Administrative Compliance Order 

(OAC 252:4-9-2); or such other means as are authorized by law. Such 

action may only be taken: 

i. at the written request of the Permittee; 

ii. upon a determination by the DEQ that following normal permit 

processing procedures would unnecessarily exacerbate a significant 

threat to human health or the environment; and/or, 

iii. upon a determination by the DEQ that the facility is not meeting the 

Interim LNAPL Remediation Goals of Condition III.K.2.a., and the 

Permittee is not taking the proper and prompt actions necessary to 

return to compliance, regardless of a showing of intent or incapacity 

on the part of the Permittee. 
Sunoco, Inc. R&M 

OKD058078775-PC 

Post-Closure and Corrective Action Permit 

 III-12 Issued: June 1, 2009 

 

4 . Maintenance, Upkeep and Testing of Remediation Systems

The Permittee shall perform all functions necessary to maintain the performance of the 

LNAPL remediation systems at the facility at the levels specified by this Permit. Unless 

otherwise allowed by this Condition (III.K.4), all remediation systems are to be kept in 

continuous operation. 

a. A “shutdown” is considered to be the complete cessation of activities by 

one (1) or more of the five (5) area containment systems. Intermittent 

operation which occurs on a scheduled basis (for example, to allow back 

flushing of filters, or water table stabilization) shall not be considered as a 

shutdown. 

b. Temporary shutdown for routine maintenance shall not be deemed as an 

interruption of operation. 

c. Temporary shutdowns for unscheduled or unexpected maintenance 

purposes, including the replacement of equipment, caused by malfunctions 

in the remediation system shall not be deemed as an interruption of 

operation, provided the shutdown(s) are for no longer than a total period 

of seventy-two (72) hours from discovery in any thirty (30) day period. 

d. Shutdowns due to causes beyond the control of the Permittee, such as a 

tornado, flood, labor disruption, terrorist activity, electrical outages or the 

like, or to ensure safe working conditions shall not be considered a 

violation of this permit, but operations should resume as soon as 

practicable. 

e. The Permittee may submit a request to the DEQ to cease to operate any or 

all remediation systems for extended, but defined, periods in order to 

perform testing or system evaluations (e.g., to investigate contaminant 

level “rebound”). The DEQ will evaluate the request in light of the overall 

progress being made towards the requirements of this permit, and may 

approve the request if deemed appropriate. Such request and approval (or 

denial, if appropriate) shall not be deemed a Permit Modification. 

f. If the Permittee has reason to believe that a shutdown of a remediation 

system is of a duration to adversely impact the timely achievement of the 

requirements of this permit, prior approval from the DEQ must be 

obtained. The request shall include: 

i. The reason for the extended shutdown, and its expected duration; 

ii. The anticipated effect of the shutdown upon the achievement of the 

requirements of this permit. 
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OKD058078775-PC 

Post-Closure and Corrective Action Permit 

 III-13 Issued: June 1, 2009 

 

iii. Alternative remediation approaches which may be considered if the 

shutdown continues for more than one (1) year; 

iv. Any other information the Permittee deems relevant. 

5 . Recordkeeping and Reporting

a. The Permittee shall record the volumes of LNAPL recovered from all 

Containment and Recovery Systems, and any relevant data. This data, 

along with all monitoring, testing, and maintenance records obtained 

pursuant to Permit Condition III.K.2., shall be entered in the operating 

record. 

b. The Permittee shall prepare a report on the effectiveness of the 

Containment and Recovery Systems at least semi-annually, and shall 

submit said Report concurrently with the groundwater analytical reports 

required by Permit Conditions III.L.7. 

L. GROUNDWATER MONITORING 

1 . Highlights

The groundwater monitoring program is comprised of three major components: 1) facilitywide groundwater monitoring of the dissolved phase petroleum hydrocarbons at the wells 

identified in Appendix F of Attachment 4, including specific monitoring at the closed Land 

Treatment Units (LTUs); 2) a secondary monitoring program to map separate-phase 

LNAPLs which float atop the groundwater; and 3) development of interim goals for 

contaminated groundwater discharging to the Arkansas River. 

Ordinarily, an LTU that received hazardous waste after July 26, 1982 must comply with the 

requirements of 40 CFR 264.91 through 264.100 for purposes of detecting, characterizing, 

and responding to releases to the uppermost aquifer. The detection monitoring system is 

utilized to determine whether hazardous contaminants have migrated from the LTU into the 

uppermost aquifer. Solid Waste Management Units (SWMUs) which may also impact the 

groundwater are normally monitored separately under 40 CFR 264.101. However, because 

the LTUs are intimately situated with many of the SWMUs, under 40 CFR 264.90(f), a 

single, facility-wide groundwater monitoring program is required for the facility. 

The facility-wide Groundwater Monitoring System has been and shall continue to be 

designed, constructed, operated, and maintained to enable evaluation of groundwater 

resources at the facility point-of-compliance (including interaction with surface water). 

The monitoring system will be maintained in accordance with the detailed plans and 

specifications presented in the Facility-Wide Groundwater Performance Monitoring Plan 

(Permit Attachment 4) dated February 26, 2003, as modified by this Permit. The 

monitoring system consists of 38 wells (9 upgradient, 3 interior, and 26 downgradient or 

Point of Compliance wells). 
Sunoco, Inc. R&M 

OKD058078775-PC 

Post-Closure and Corrective Action Permit 

 III-14 Issued: June 1, 2009 

 

The viscosity of the LNAPL varies over the facility, and ranges from lighter distillates (e.g., 

kerosene) to heavier range hydrocarbons (e.g., lube and fuel oils). The LNAPL Monitoring 

Program is also described in Attachment 4, and consists of more than 400 gauging wells as 

of the initial date of this permit. These are used to determine the presence of LNAPL, and 

its thickness, where possible. In some wells the LNAPL is too viscous to allow an accurate 

determination of its thickness in relationship to the water table surface. 

The Permittee is required to determine the elevation of the groundwater beneath the facility, 

and LNAPL presence and thickness at the locations identified in Appendix E of Attachment 

4, at least semi-annually. These values are regularly reported to the DEQ along with the 

analytical results from semi-annual sampling of the elevation and quality of the groundwater 

at the monitoring wells identified in Appendix F of Attachment 4. Monitoring will continue 

until such time as the requirements of this Permit are met. 

2 . Well Location, Installation and Construction

a . The Permittee shall maintain a groundwater monitoring system, as 

specified below: 

i. The Permittee shall maintain groundwater monitoring wells at the 

locations specified on the map presented in Permit Attachment 4, and 

in conformance with Appendix F of Attachment 4. Well locations 

may be added as directed by the DEQ, or at the discretion of the 

Permittee, using installation methods and procedures approved by 

the DEQ. Wells may only be deleted or changed following the 

approval by DEQ. 

ii. The Permittee shall maintain the monitoring wells identified in 

Permit Condition III.L.2.a.i, in accordance with the plans and 

specifications presented in Permit Attachment 4, unless otherwise 

approved by DEQ. 

iii. All wells deleted from the groundwater monitoring system shall be 

plugged and abandoned in accordance with procedures approved by 

the Oklahoma Water Resources Board (OWRB), unless the well(s) is 

retained for use in the groundwater elevation monitoring network. 

Well plugging and abandonment methods and certification shall be 

submitted to the DEQ within 90 days from the date the wells are 

removed from the monitoring program. 

b . The Permittee shall maintain an LNAPL Monitoring System, as specified 

below. The LNAPL Monitoring System is divided into three (3) subsets; 

an LNAPL Containment subsystem, an LNAPL Recovery subsystem, and 

an LNAPL/Groundwater Elevation gauging subsystem. The Permittee 

shall maintain the LNAPL Monitoring System of wells at the locations 
Sunoco, Inc. R&M 

OKD058078775-PC 

Post-Closure and Corrective Action Permit 

 III-15 Issued: June 1, 2009 

 

specified on the map presented in Permit Attachment 4, and in 

conformance with Appendix D and Appendix E of Attachment 4, and 

Attachment 5. 

i. Well locations may be added or deleted as directed by the DEQ, or at 

the discretion of the Permittee, using installation methods and 

procedures approved by the DEQ. Any additions or deletions shall 

be consistent with the objective to accurately indicate both LNAPL 

presence and thickness, and groundwater elevation, over the facility, 

and shall be reported to the DEQ semi-annually. 

ii. Except as provided in Condition III.L.2.b.i., the Permittee shall 

maintain the wells identified in Permit Condition III.L.2.b., in 

accordance with the plans and specifications presented in Permit 

Attachments 4 and 5. 

iii. All wells deleted from the monitoring program shall be plugged and 

abandoned in accordance with procedures specified by the Oklahoma 

Water Resources Board (OWRB). Well plugging and abandonment 

methods and certification shall be submitted to the DEQ at least 

semi-annually, as appropriate. 

3 . Sampling Parameters, Frequency and Location

a . The Permittee shall obtain and analyze samples from all groundwater 

wells listed in Appendix F of Attachment 4 as described in Permit 

Condition III.L.4. and as designated in Permit Attachment 5. Samples 

shall be obtained using the following schedule, and analyzed for the 

parameters indicated: 
Sunoco, Inc. R&M 

OKD058078775-PC 

Post-Closure and Corrective Action Permit 

 III-16 Issued: June 1, 2009 

 

Wells Designated As 

(see Appendix F of 

Attachment 4): 

Sampling Frequency Sampling 

Month(s)* 

Parameters 

Analyzed** 

Upgradient Annual April Appendix F in 

Attachment 4, All 

Interior Annual April 

Appendix F in 

Attachment 4, Metals 

only 

Downgradient Semi-Annual April, October Appendix F in 

Attachment 4, All 

* The month of sampling may be altered a maximum of one (1) month with written 

permission of the DEQ, for good cause shown, on a case-by-case basis. 

** All wells shall be field analyzed for pH, Specific Conductivity, and Temperature, each 

time the wells are sampled. 

4 . Sampling and Analysis Procedures

The Permittee shall use the following techniques and procedures when obtaining and 

analyzing samples from the groundwater monitoring wells described in Permit Condition 

III.L.2: 

a . Samples shall be collected using the techniques described in Permit 

Attachment 4. All groundwater monitoring wells shall be sampled in a 

single, contiguous time period unless otherwise approved by the DEQ. 

b . Samples shall be preserved and shipped in accordance with the procedures 

specified in Permit Attachment 4.

c . Samples shall be analyzed in accordance with the procedures specified in 

Permit Attachment 4. All analyses shall comply with the methods 

specified by EPA publication SW-846, Test Methods for Evaluating Solid 

Waste, Physical/Chemical Methods, Third Edition including Updates I, II, 

IIA, IIB, III, and IIIA. The Permittee shall adopt any future updates or 

modifications to these methods within two (2) years of their effective 

date(s). 

d . Samples shall be tracked and controlled using the chain-of-custody 

procedures specified in Permit Attachment 4. 

5 . Elevation of the Groundwater Surface and Presence of Separate-Phase Liquids

a . The Permittee shall determine the LNAPL elevation and thickness, and the 

groundwater surface elevation at each Groundwater Monitoring Well and 

at each LNAPL Gauging Well identified in Appendix E of Attachment 4 

at least semi-annually, in conjunction with groundwater sampling in 

accordance with Permit Condition III.L.7. Elevation determinations shall 

be made immediately prior to sampling events. 
Sunoco, Inc. R&M 

OKD058078775-PC 

Post-Closure and Corrective Action Permit 

 III-17 Issued: June 1, 2009 

 

b . The Permittee shall record the surveyed elevation of all monitoring well(s) 

when installed (with as-built drawings). The total depth of wells and the 

elevations of the following should be recorded: top of casing, ground 

surface and/or apron elevation, and the top of the protective casing. 

c . At least every three (3) years following issuance of this Permit, the 

Permittee shall re-survey the well locations and elevations of each well 

identified as a “POC” well in Appendix E to Attachment 5. 

d . At least every three (3) years following issuance of this Permit, the 

Permittee shall check the total depths of all groundwater monitoring and 

gauging wells for siltation or infiltration of solids. If siltation or 

infiltration has occurred such that the total effective depth of any well has 

been reduced by more than twelve (12) inches, the Permittee shall 

promptly redevelop all affected wells to remove the solids and re-establish 

well depth. 

6 . Development of Interim Groundwater Protection Standards

Permittee has demonstrated through routine groundwater and LNAPL sampling and 

gauging and through successive investigations and reports that groundwater exists within 

an overburden made of flood plain alluvium under unconfined conditions. As a result, all 

groundwater beneath the facility discharges to the Arkansas River. Groundwater is not a 

source of drinking water and the potential receptors of any contaminated groundwater 

would be in the River and sediment of the River. Permittee shall develop appropriate 

interim goals for contaminated groundwater discharging into the Arkansas River 

(“Interim Goals”). These Interim Goals will be based on protection of potential receptors 

in the River and sediment and may be qualitative and/or quantitative in nature. These 

Interim Goals may also become final goals for groundwater at the facility, through a 

process that confirms the beneficial use of groundwater, the technical impracticability of 

achieving media cleanup standards throughout the facility and the effectiveness of 

groundwater remediation systems developed under this permit to meet existing standards. 

a . Within 180 days of the date of issuance of this permit, the Permittee shall 

submit to the DEQ a proposed method to develop the Interim Goals for 

contaminated groundwater; i.e., dissolved phase petroleum hydrocarbons, 

discharging to the River. The method shall consider the factors identified 

in 40 CFR 264.94(b)(2) and all other relevant factors. Upon approval of 

the method, the Permittee shall develop the Interim Goals and within 180 

days of the approval, submit same to the DEQ. Approval of the proposed 

interim goals shall constitute a Permit Modification in accordance with 40 

CFR 270.42. 

b . Beginning with the approval of the Interim Goals under Condition 

III.L.6.a., above, the Permittee shall use the Interim Goals to evaluate the 

analytical results from all downgradient/Point of Compliance groundwater 
Sunoco, Inc. R&M 

OKD058078775-PC 

Post-Closure and Corrective Action Permit 

 III-18 Issued: June 1, 2009 

 

monitoring wells in Appendix F in Attachment 4 after each sampling 

event, using the schedules shown in Condition III.L.8. and the approved 

methods. 

c . The goals may differentiate between contamination caused by activities of 

the Permittee, and contamination caused by others or occurring naturally. 

7 . Monitoring Program and Data Evaluation

The Permittee shall determine groundwater quality as follows: 

a . The Permittee shall collect, preserve, and analyze groundwater samples 

from the wells in Appendix F in Attachment 4 pursuant to Permit 

Condition III.L.4. 

b . The Permittee shall determine the concentration of hazardous constituents 

(as specified in Permit Condition III.L.3.) in groundwater at each 

monitoring well identified in Appendix F in Attachment 4. These 

determinations shall be made at least semi-annually, during the months 

specified in Condition III.L.3.a. 

c . The Permittee shall determine the groundwater flow rate and direction in 

the uppermost aquifer at least annually. 

d . The Permittee shall perform the evaluation required by Permit Condition 

III.L.6. after each sampling event. 

8 . Reporting and Recordkeeping

a . The Permittee shall enter all monitoring, testing, and analytical data 

obtained pursuant to Permit Condition III.L.7. in the operating record. 

The data must include all computations, calculated means, variances, and 

results of statistical tests. 

b . The Permittee shall submit the analytical, measurement, and evaluation 

results required by Permit Conditions III.L.4, III.L.5, and III.L.6, in 

accordance with the following schedule: 

 Results Submitted to DEQ 

 Within 45 Days after Sampling 

Sampling Event is Completed, but No Later Than:

 April June 15 

 October December 15 

c . For any compound found in the analysis from Permit Condition III.L.4. 

above, the Permittee may resample within one month and repeat the 
Sunoco, Inc. R&M 

OKD058078775-PC 

Post-Closure and Corrective Action Permit 

 III-19 Issued: June 1, 2009 

 

analysis for those compounds. If the results from this second analysis 

confirm the initial results, then these results will form the basis for future 

evaluations. If the Permittee does not resample for the compounds 

identified above, the hazardous constituents found during the initial 

analysis will form the basis for future evaluations. 

d . The Permittee may make a demonstration that the results are due in whole 

or in part to sources other than those under the control of the Permittee, or 

errors in sampling, analysis or evaluation. For such demonstration: 

i. The Permittee must notify the DEQ in writing, within seven (7) days 

of the submission under Condition III.L.8.b. that a demonstration 

will be made. 

ii. The Permittee must submit a report to the DEQ, within 90 days, that 

demonstrates that a source not under the control of the Permittee 

caused the result in whole or in part, or that the apparent result 

stemmed from an error in sampling, analysis or evaluation. 

iii. Within 90 days, submit to the DEQ an application for a permit 

modification to make any appropriate changes to the monitoring 

program at the facility. 

iv. Continue to monitor in accordance with the modified monitoring 

program at the facility. 

v. If the DEQ does not approve the alternative source demonstration, 

the Permittee shall implement the measures in Condition III.L.9. 

9 . Additional Assessments and Remedial Measures

a . If, after applying the methods for comparing the results under Condition 

III.L.6.a., the evaluation finds an exceedance of the Interim Goals for two 

consecutive sampling periods, the Permittee shall undertake an 

assessment, and within ninety (90) days after submittal of the second 

consecutive report of an exceedance, the Permittee shall submit a report 

identifying additional investigations that should be conducted, changes to 

the methods of comparison, validation or confirmation that should be 

made, and/or remedial measures that should be undertaken. 

b . The Permittee shall monitor the groundwater and report results as 

specified in this Section III.L. After considering the results of such 

monitoring, and as necessary to protect human health and the 

environment, DEQ may require further assessment of the environmental 

conditions or remedial measures. Such assessments and remedial 
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Post-Closure and Corrective Action Permit 

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measures shall be adopted as a permit modification pursuant to a DEQ 

initiated modification in accordance with 40 CFR 270.41 or a Permitteeinitiated modification in accordance with 40 CFR 270.42. 

M. STANDARD CORRECTIVE ACTION CONDITIONS 

1 . Permit Modification

a . DEQ Initiated Modifications 

If at any time for any of the reasons specified in 40 CFR 270.41, the DEQ 

determines that modification of this Permit is necessary, the DEQ may 

initiate permit modification proceedings in accordance with the regulations 

set forth at 40 CFR 270.41. 

b . Permittee Initiated Modifications 

The Permittee may, where appropriate, initiate permit modifications in 

accordance with the regulations set forth at 40 CFR 270.42. All applicable 

requirements and procedures as specified in 40 CFR 270.42 shall be 

followed by Permittee in initiating such proceedings. 

c . Modification of Corrective Action Schedules 

i. The Permittee shall adhere to the due dates contained in this permit. 

If at any time the Permittee determines that such schedules cannot be 

met, the Permittee shall, within fifteen (15) days of such 

determination, notify the DEQ and submit a request for a permit 

modification under 40 CFR 270.42, with a justification as to why the 

due date cannot be met. 

ii. If the DEQ determines that a modification of a due date is required, 

the permit modification procedures of 40 CFR 270.42 will apply. 

iii. The Permittee will submit the proposed modification. Such proposed 

modification will: 

A. Describe the exact changes to be made to the permit 

conditions; 

B. Provide an explanation of why the modification is needed. 

d . Notwithstanding the foregoing Conditions, changes and extensions of the 

due date for any submittal under this Permit are Class 1 permit 

modifications with prior approval. Extensions to final compliance dates 
Sunoco, Inc. R&M 

OKD058078775-PC 

Post-Closure and Corrective Action Permit 

 III-21 Issued: June 1, 2009 

 

established by the permit for the entire facility should be considered as 

Class 3 modifications. 

2 . Permit Review

This Permit may be reviewed by the DEQ five (5) years after the date of permit 

issuance and may be modified as necessary as provided for in Permit Condition 

III.M.1.a. Nothing in this section shall preclude the DEQ from reviewing and 

modifying the Permit at any time during its term. 

3 . Compliance with Permit

Compliance with a RCRA Permit during its term constitutes compliance, for 

purposes of enforcement, with subtitle C of RCRA except for those requirements 

not included in the permit which: 

a . Become effective by statute; 

b . Are promulgated under 40 CFR 268 restricting the placement of hazardous 

wastes in or on the land; or 

c . Are promulgated under 40 CFR 264 regarding leak detection systems for 

new and replacement surface impoundment, waste pile, and landfill units, 

and lateral expansions of surface impoundment, waste pile, and landfill 

units. The leak detection system requirements include double liners, CQA 

programs, monitoring action leakage rates, and response action plans, and 

will be implemented through the procedures of 40 CFR 270.42 Class 1 

permit modifications. 

4 . Information Submittal

Failure to comply with any condition of the Permit, including information 

submittal, constitutes a violation of the Permit and is grounds for enforcement 

action, permit amendment, termination, revocation, suspension, or denial of 

permit renewal application. Falsification of any submitted information is grounds 

for termination of this Permit (40 CFR 270.43). 

The Permittee shall ensure that all plans, reports, and notifications required in this 

Permit to be submitted are signed and certified in accordance with 40 CFR 

270.11. Two (2) copies and one (1) 3.5" 1.44 MB floppy disk or 5.25” CDROM, 

Windows® compatible, each of these plans, reports, notifications or other 

submissions shall be submitted to the DEQ by Certified Mail or hand delivered to: 
Sunoco, Inc. R&M 

OKD058078775-PC 

Post-Closure and Corrective Action Permit 

 III-22 Issued: June 1, 2009 

 

 Saba Tahmassebi, Ph.D., P.E. 

 Chief Engineer 

 Land Protection Division 

 Oklahoma Department of Environmental Quality 

 P.O. Box 1677 

 707 North Robinson 

 Oklahoma City, Oklahoma 73101-1677 

 (405) 702-5100 

5 . Plans and Schedules Incorporation Into Permit

All plans and schedules required by this Permit are, upon approval by the DEQ, 

incorporated into this Permit by reference and become an enforceable part of this 

Permit. Since required items are essential elements of this Permit, failure to 

submit any of the required items or submission of inadequate or insufficient 

information may subject the Permittee to enforcement action under Section 3008 

of RCRA, or 27A O.S. § 2-3-502, which may include fines, suspension, or 

revocation of the Permit. 

Any noncompliance with approved plans and schedules shall be termed 

noncompliance with this Permit. Written requests for extensions of due dates for 

submittals may be granted by the DEQ in accordance with Permit Condition 

III.M.1.c. If the DEQ determines that actions beyond those provided for, or 

changes to what is stated herein, are warranted, the DEQ may modify this Permit 

according to procedures in Permit Condition III.M.1.c. 

6 . Data Retention

All raw data, such as laboratory reports, drilling logs, bench-scale or pilot-scale 

data, and other supporting information gathered or generated during activities 

undertaken pursuant to this Permit shall be maintained at the facility during the 

term of this Permit, including any reissued Permits. The Permittee may request 

the DEQ’s approval to retain such documents, including in electronic format and 

off-site, provided such documents can be readily retrieved for review by DEQ. 

7 . Management of Wastes

All solid wastes which are managed pursuant to a remedial measure taken under 

the corrective action process or as an interim measure addressing a release or the 

threat of a release from a solid waste management unit shall be managed in a 

manner protective of human health and the environment and in compliance with 

all applicable Federal, State and local requirements. Unless an exemption to 

permitting applies, approval of units for managing hazardous wastes and 

conditions for operating the units, if approved, shall be granted through the 

permitting process. 
Sunoco, Inc. R&M 

OKD058078775-PC 

Post-Closure and Corrective Action Permit 

 III-23 Issued: June 1, 2009 

 

8 . Specific Condition - Information Repository

a . Within thirty (30) days of the effective date of this Permit, the Permittee 

shall establish an information repository to provide the public an 

opportunity to review and comment on the corrective action activities 

specified in this Permit. This repository shall be established at a local 

public library or similar facility which is easily accessible to the public 

during normal working hours. 

b . Within thirty (30) days of the effective date of this Permit, the Permittee 

shall mail a notice to all individuals on the facility-specific mailing list 

maintained by the DEQ, including all individuals that submitted oral or 

written comments on the Permittee's draft permit during the public 

comment period. The Permittee shall amend this mailing list as necessary 

to include those individuals that submit a written request to the DEQ and 

the Permittee for inclusion in this list. 

c . This notice shall state the location, purpose, and content of the repository. 

A copy of this notice shall be provided to the DEQ, for approval, prior to 

mailing to the public. 

d . The Permittee shall state in this notice that written comments concerning 

each submittal (excluding progress reports and correspondence) required 

by this Permit shall be forwarded to the following representative of the 

DEQ within fifteen (15) calendar days of the date due to the DEQ: 

Saba Tahmassebi, Ph.D., P.E. 

Chief Engineer 

 Land Protection Division 

 Oklahoma Department of Environmental Quality 

 P.O. Box 1677 

 707 North Robinson 

Oklahoma City, Oklahoma 73101- 1677 

 

e . Once established, the Permittee shall place into the repository, on or 

before the date due to the DEQ, all submitted draft and final workplans 

and reports as specified in this Permit, and those documents deemed 

appropriate by the DEQ. The Permittee shall specify within the text or 

cover letter of each document the date each submittal was placed in the 

repository. 

9 . Additional Corrective Action

Corrective Action for Releases: Section 3004(u) of RCRA, as amended by HSWA, 

and 40 CFR 264.101, requires that permits issued after November 8, 1984, address 
Sunoco, Inc. R&M 

OKD058078775-PC 

Post-Closure and Corrective Action Permit 

 III-24 Issued: June 1, 2009 

 

corrective action for releases of hazardous waste or hazardous constituents from any 

SWMU at the Facility, regardless of when the waste was placed in the unit. 

The Permittee originally identified SWMUs which were listed in the original Part B 

RCRA Operating Permit, issued November 1, 1988. Based on this information, the 

Permittee performed a RCRA Facility Investigation and subsequently performed 

remedial action on SWMU 14. SWMUs 4, 5, and 6 were further investigated during 

corrective action activities authorized initially in an Administrative Consent Order 

entered into by the Permittee and DEQ on July 5, 2002. 

The Permittee has completed interim remedial measures on SWMUs 4, 5 and 6. 

These interim measures will be observed for the duration of this Permit, and if 

deemed satisfactory may be designated as permanent remedies. The LTUs (SWMU 

16) also are subject to corrective measure requirements under the permit, including 

groundwater monitoring and cover maintenance. No additional SWMUs requiring 

corrective action have been identified for purposes of this permit. In the event that 

the Permittee discovers newly-identified SWMUs the Permittee shall notify the 

DEQ as provided herein. This Permit shall be modified to include the additional 

requirements for corrective action for any newly identified SWMUs. 

The Permittee is concurrently performing remedial measures on groundwater 

beneath the facility, caused by the existence of a relatively large area of separatephase petroleum hydrocarbons. These separate-phase hydrocarbons, or LNAPLs, 

consist of both raw crude oils and refined products, and were released during 

operations over the life of the facility. The LNAPL remediation activities are 

covered by Permit Condition III.K, LNAPL Remediation. 

10 . Reporting Requirements

a . The Permittee shall submit, in accordance with Permit Condition III.L.4, 

signed semi-annual progress reports of all corrective action activities 

conducted pursuant to the provisions of this Permit beginning no later than 

ninety (90) calendar days from the effective date of this Permit. These 

reports shall contain: 

i. A description of the work completed and an estimate of the 

percentage of work completed; 

ii. Summaries of all findings, including summaries of laboratory data; 

iii. Summaries of all problems or potential problems encountered 

during the reporting period and actions taken to rectify problems; 

iv. Projected work for the next reporting period; 
Sunoco, Inc. R&M 

OKD058078775-PC 

Post-Closure and Corrective Action Permit 

 III-25 Issued: June 1, 2009 

 

v. Summaries of contacts pertaining to corrective action or 

environmental matters with representatives of the local 

community, public interest groups or State government during the 

reporting period; 

vi. Changes in key project personnel during the reporting period; and 

vii. Summaries of all changes made in implementation during the 

reporting period. 

b . Copies of other reports relating to or having bearing upon the corrective 

action work, (e.g., inspection reports), drilling logs and laboratory data 

shall be made available to the DEQ upon request. 

c . In addition to the written reports as required in Permit Condition 

III.M.10.a. and b above, at the request of the DEQ, the Permittee shall 

provide status review through semi-annual briefings with the DEQ. 

11 . Notification Requirements for and Assessment of Newly-Identified SWMUs and 

Potential AOCs

a . The Permittee shall notify the DEQ, in writing, of any newly-identified 

SWMU(s) and potential AOCs (i.e., a unit or area not specifically 

identified during the RFA), discovered in the course of groundwater 

monitoring, field investigations, environmental audits, or other means, no 

later than thirty (30) calendar days after discovery. The Permittee shall 

also notify the DEQ of any newly-constructed land-based SWMUs 

(including but not limited to, surface impoundments, waste piles, landfills, 

land treatment units) and newly-constructed SWMUs where any release of 

hazardous constituents may be difficult to identify (e.g., underground 

storage tanks) no later than thirty (30) days after construction. The 

notification shall include the following items, to the extent available: 

i. The location of the newly-identified SWMU or potential AOC on 

the topographic map required under 40 CFR Section 

270.14(b)(19). Indicate all existing units (in relation to other 

SWMUs); 

ii. The type and function of the unit; 

iii. The general dimensions, capacities, and structural description of 

the unit (supply any available drawings); 

iv. The period during which the unit was operated; 
Sunoco, Inc. R&M 

OKD058078775-PC 

Post-Closure and Corrective Action Permit 

 III-26 Issued: June 1, 2009 

 

v. The specifics, to the extent available, on all wastes that have been 

or are being managed at the SWMU or potential AOC; and 

vi. Results of any sampling and analysis required for the purpose of 

determining whether releases of hazardous waste including 

hazardous constituents have occurred, are occurring, or are likely 

to occur from the SWMU or whether the AOC should be 

considered a SWMU. 

b . Based on the results of this Notification the DEQ will designate the newlyidentified AOC(s). Based on the results of this notification or 

investigation conducted according to Permit Condition III.M.9., the DEQ 

will determine the need for further investigations or corrective measures at 

any newly-identified SWMU(s) or AOC(s). If the DEQ determines that 

such investigations are needed, the DEQ may require the Permittee to 

prepare a plan for such investigations. The plan for investigation of 

SWMU(s) or AOC(s) will be reviewed for approval as part of the RFI 

Work Plan or a new RFI Work Plan under Permit Condition III.M.15. The 

Permit will be modified according to Permit Condition III.M.1.c to 

incorporate the investigation requirements for the newly-identified 

AOC(s) or SWMU(s). 

12 . Notification Requirements for Newly-Discovered Releases at SWMU(s) and 

AOC(s)

The Permittee shall notify the DEQ in writing, no later than fifteen (15) calendar 

days after discovery, of any release(s) from a SWMU or AOC of hazardous waste 

or hazardous constituents discovered during the course of groundwater 

monitoring, field investigation, environmental auditing, or other means. Such 

newly-discovered releases may be from newly-identified SWMUs or AOCs, 

newly-constructed SWMUs, or from SWMUs or AOCs for which, based on the 

findings of the RFA, completed RFI, or investigation of an AOC(s), the DEQ had 

previously determined no further investigation was necessary. The notification 

shall include information concerning actual and/or potential impacts beyond the 

facility boundary and on human health and the environment, if available at the 

time of the notification. The DEQ may require further investigation and/or 

interim measures for the newly-identified release(s), and may require the 

Permittee to prepare a plan for the investigation and/or interim measure. The plan 

will be reviewed for approval as part of the RFI Work Plan or a new RFI Work 

Plan under Permit Condition III.M.5. The Permit will be modified according to 

Permit Condition III.M.1 to incorporate the investigation, if required. 

13 . Interim Measures

a . If during the course of any activity initiated under this Permit, the DEQ 

determines that a release or potential release of hazardous constituents 
Sunoco, Inc. R&M 

OKD058078775-PC 

Post-Closure and Corrective Action Permit 

 III-27 Issued: June 1, 2009 

 

from a SWMU poses a threat to human health and the environment, the 

DEQ may require interim measures. The DEQ shall determine the 

specific measure(s) or require the Permittee to propose a measure(s). The 

interim measure(s) may include a permit modification, a schedule for 

implementation, and a written plan. The DEQ shall notify the Permittee in 

writing of the requirement to perform interim measures. The DEQ may 

modify this Permit according to Permit Condition III.M.18.a to 

incorporate interim measures into the Permit. (27A O.S. §2-6-105; OAC 

252:205-9-1 and 252:205-13-1) 

 

b . The Permittee may propose interim measures at any time. The proposal 

shall include a written plan and a schedule for implementation. 

Depending upon the nature of the interim measure, a permit modification 

may not be required. 

c . The following factors will be considered by the DEQ in determining the 

need for interim measures and the need for permit modification: 

i. Time required to develop and implement a final remedy; 

ii. Actual and potential exposure to human and environmental 

receptors; 

iii. Actual and potential contamination of drinking water supplies and 

sensitive ecosystems; 

iv. The potential for further degradation of the medium in the absence 

of interim measures; 

v. Presence of hazardous wastes in containers that may pose a threat 

of release; 

vi. Presence and concentration of hazardous waste including 

hazardous constituents in soil that have the potential to migrate to 

groundwater or surface water; 

vii. Weather conditions that may affect the current levels of 

contamination; 

viii. Risks of fire, explosion, or accident; and 

ix. Other situations that may pose threats to human health and the 

environment. 

14 . Current Interim Measure
Sunoco, Inc. R&M 

OKD058078775-PC 

Post-Closure and Corrective Action Permit 

 III-28 Issued: June 1, 2009 

 

Surficial soil areas with observable discoloration due to petroleum contamination 

have been addressed by the Permittee by “discing” each area to aerate it and 

stimulate volatilization and natural biodegradation. Confirmatory TPH analysis 

has demonstrated the resulting levels of diesel range organics and gasoline range 

organics to be below levels that apply in ODEQ’s underground storage tank 

program. Permittee shall report on progress made regarding this interim measure 

in the semi-annual progress reports under Condition III.M.10. 

15 . RFI Work Plan

In the event that the Permittee discovers SWMUs or AOCs that require 

investigation, this Permit shall be modified to include the requirements for a RFI 

Workplan in this section. 

16 . RFI Implementation

The Permittee has implemented an RFI at the Facility. In the event that the 

Permittee identifies additional SWMUs or AOCs, this Permit may be modified to 

include requirements for an additional RFI implementation. 

17 . RFI Final Report and Summary

The Permittee has implemented an RFI at the Facility and submitted an RFI Final 

Report and Summary. In the event that the Permittee identifies additional SWMUs 

or AOCs, this Permit may be modified to include requirements for an RFI Report 

and Summary. 

18 . Determination of No Further Action (NFA)

a . Should an additional RFI be required, the Permittee may, based on the 

results of the RFI and/or other relevant information, submit an application 

to the DEQ for a Class III permit modification under 40 CFR 270.42(c) to 

terminate the RFI/CMS process for a specific unit. This permit 

modification application must contain information demonstrating that 

there are no releases of hazardous waste including hazardous constituents 

from a particular SWMU at the Facility that pose threats to human health 

and/or the environment, as well as additional information required in 40 

CFR 270.42(c). 

If, based upon review of the Permittee's request for a permit modification, 

the results of the RFI, and other information, including comments received 

during any public comment period required for Class III permit 

modifications, the DEQ determines that releases or suspected releases 

which were investigated either are non-existent or do not pose a threat to 

human health and/or the environment, the DEQ may grant the requested 

modification. 
Sunoco, Inc. R&M 

OKD058078775-PC 

Post-Closure and Corrective Action Permit 

 III-29 Issued: June 1, 2009 

 

b . If necessary to protect human health or the environment, a determination 

of no further action shall not preclude the DEQ from requiring continued 

or periodic monitoring of air, soil, groundwater, or surface water, when 

site-specific circumstances indicate that releases of hazardous waste or 

hazardous constituents are likely to occur. 

c . A determination of no further action shall not preclude the DEQ from 

requiring further investigations, studies, or remediation at a later date, if 

new information or subsequent analysis indicates a release or likelihood of 

a release from a SWMU at the Facility that is likely to pose a threat to 

human health or the environment. In such a case, the DEQ shall initiate a 

modification to the Permit. 

19 . Corrective Measures Study (CMS) Plan

The Permittee has effectively completed a CMS Plan for the Facility. In the event 

that additional CMS work is required, this Permit shall be modified to include 

requirements for a new CMS Plan. 

20 . CMS Implementation

As of the date of Permit issuance, the Permittee is implementing Corrective 

Measures at the Facility. In the event that an additional CMS is required, this Permit 

shall be modified to include requirements for CMS implementation. 

21 . CMS Final Report And Summary

The Permittee is implementing Corrective Measures at the Facility. In the event that 

the Permittee identifies additional SWMUs or AOCs, this Permit may be modified 

to include requirements for an RFI Report and Summary. 

22 . Corrective Measure (Remedy) Selection and Implementation

The Permittee has completed corrective measures selection and implementation at 

the Facility for all known SWMUs. In the event that the Permittee is required to 

perform additional corrective measures, this Permit may be modified to include 

corrective measure selection and implementation requirements. 

23 . RFI Scope of Work

The Permittee has implemented an RFI at the Facility and submitted an RFI Final 

Report and Summary. In the event that the Permittee identifies additional SWMUs 

or AOCs, this Permit may be modified to include requirements for an RFI Scope of 

Work. 
Sunoco, Inc. R&M 

OKD058078775-PC 

Post-Closure and Corrective Action Permit 

 III-30 Issued: June 1, 2009 

 

24 . CMS Scope of Work

The Permittee has completed corrective measures selection and implementation at 

the Facility for all known SWMUs. In the event that the Permittee is required to 

perform additional corrective measures, this Permit may be modified to include 

requirements for a CMS Scope of Work. 
Sunoco, Inc. R&M 

OKD058078775-PC 

Post-Closure and Corrective Action Permit 

 III-31 Issued: June 1, 2009 

 

TABLES

Sunoco, Inc. (R & M) 

Tulsa Refinery 

TABLE III.B. – SWMU DESIGNATION AND STATUS; 

DEFINITION OF AREA OF CONCERN 

Solid Waste Management Units (SWMUs) 

SWMU

No. Name 

Original Permit 

Status 

November 1, 1988 

Permit Status1

(As of Effective Date of this 

Permit) 

1 Midco Landfill RFI to be performed Closed, NFA 

2 West Landfarm RFI to be performed Deleted From Permit 

3 TEL Weathering Area Deleted from Permit Deleted From Permit 

4 Asphalt Sludge Landfill RFI to be performed 

Interim Measures Completed, 

Maintenance and Monitoring 

for Additional Action. 

5 Area D Landfill 

(not including AOC 2) Omitted from Permit 

Interim Measures Completed, 

Maintenance and Monitoring 

for Additional Action. 

6 Northeast Landfill RFI to be performed 

Interim Measures Completed, 

Maintenance and Monitoring 

for Additional Action. 

7 East Landfill RFI to be performed Closed, NFA 

8 Scrap Metal Landfill RFI to be performed Closed, NFA 

9 Concrete Sump RFI to be performed Deleted From Permit 

10 Wastewater Treatment 

System RFI to be performed RFI Completed, No Immediate Action Required2 

11 No. 2 Spray Pond RFI to be performed Deleted From Permit 

12 Cat Cracker Landfill RFI to be performed Closed, NFA 

13 Scrap Metal Landfill Deleted from Permit Closed, NFA 

14 Allison Property Landfill RFI to be performed Remedial Measures 

Completed, NFA 

15 Storm Impoundment Basins RFI to be performed Deleted From Permit 

16 Land Treatment Areas Operational Units Closed, Inspection and 

Maintenance 

17 Oily Sludge Roads Deleted from Permit Deleted From Permit 

18 Tank Diked Areas Deleted from Permit Deleted From Permit 

19 Unassigned 

20 Unassigned 

21 Unassigned 
Sunoco, Inc. R&M 

OKD058078775-PC 

Post-Closure and Corrective Action Permit 

 III-32 Issued: June 1, 2009 

 

1. NFA Status, or “No Further Action”, indicates that the DEQ is not currently requiring 

any further action by the Permittee to remediate or close a particular SWMU. NFA 

Status does not relieve a Permittee from continued monitoring and maintenance of the 

unit, however. 

2. Soils in the vicinity of SWMU 10 remain contaminated. Any future construction 

activities in the area, including construction, modification, or closure of an existing 

unit, or excavation of soils, may be cause for initiating additional remediation 

activities. 

Areas of Concern (AOCs) 

Name Description/Location 

AOC 1 

The area of the Sunoco, Inc. (R&M) Tulsa Refinery lying to the North of the crest 

of the Corps of Engineers flood levee, extending to the Northern facility property 

line, and extending from the eastern end of SWMU 14 (approximate facility 

coordinate line E. 2547700) eastward to the easternmost facility property 

boundary (approximate coordinate line E. 2556800). Said AOC does not include 

the previously located and described SWMUs 4, 5, and 6. 

AOC 2 

This AOC encompasses Areas E, F and G and is the area of the Sunoco, Inc. 

(R&M) Tulsa Refinery immediately adjacent to the Corps of Engineers flood 

levee, and extending from the eastern end of SWMU 5 (approximate facility 

coordinate line E. 2552000) eastward to the western boundary of SWMU 6 

(approximate facility coordinate line E. 2554500). Said AOC does not include 

AOC 1 or SWMUs 5 or 6. 

Locations of SWMUs and AOCs can be viewed on the following illustrations.