I" i

".**:~**

.

. ,**~.J**

. : • j

1 .,

# •

• Oregon Department of Environmental Quality 

## Part V Milestone Agreement and Milestone Completion

Portland, Oregon 

## July 28, 1995I I i I 

## l.**~e..** 

## .::cIs 0 

### or: c A /1--&1-10- (<i q 5

/, C C:A-(l" b,'( I 

### I 

## '1 A ? -Cr7 J"'l"-.l v" t

# :(e**:'-~-.** ' . 

### Summary of MilestoneAgreement Progress June 5,1995 DEQ is making steady progress on demonstrating capability through completion of milestones established in the Milestones Agreement. "'The Milestone Agreement was signed by EPA, Region 10 and DEQ on October 25, 1994. The Agreement contains 23 specific milestones. To date, EPA has approved milestone submittals on financial assurance compliance, RFI workplan review and approval, development of a model corrective action order, acceptance of a clean closure and for one of the two facilities required, stabilization required, stabilization work plan approved and stabilization implemented. Milestone submittals pending approval by EPA include demonstration of off-site groundwater characterization, completion of one of two RCRA Facility Assessments, stipulated penalties in one order, and for one of the two facilities, stabilization required, F, G and H compliance required, establish financial assurance requirement and pursue off-site contamination. Additional milestones pertaining to internal guidance documents for regulated unit identification and facility classification, performance requirements for remediation, and concentration-based standards for all media are ready for submission to EPA. Overall, the milestones capability demonstration is approximately 50% completed at this time and with the additional submittals soon to be transmitted to EPA, will be approximately 75% completed. EPA has concurred that even though several of the milestones are keyed to the issuance of permits or orders, if issuance does not occur before final action on this application, EPA will accept these milestones provided sufficient progress is demonstrated.

# • State of Oregon 

# Department of Environmental Quality Memorandum
To: . 

# -**o~~J** Cheryll Williams 

# ;/f ::;) I 

# ? EPA Region 10, Mailstop HW-106 Date: 

# of'? /**r~**
From: Through: Subject: 

# Bre;U

### rnc.K~( 

## k£ Regional HazardO'J;;Waste Manager Roy Brower, 

# /l.. Manager,

## H~}ous Waste Policy & Program Development Capability Milestone 

### Transmittal 

# "'.

". Action: EPA Review and Response Within 20 days Milestone No. 

# iD..--. " GIm9li 2.**~EA's** Q)-

### eCI!A'lvo-,(~ The Department has completed work that we believe achieves a capability milestone. The work 

### is described as

# ~::l'{2**:t~:»- 1:A\}~f:~rv;,~£5,~;::j** **~~?** 

# .)

6§C' 

# ::tiig**~.** S<.vb<,,;±\.;d "" en 

### .Pf}kdV<;.U 

# c!a,-

Additional documentation pertaining to this milestones achievement is attached and consists of
.


### Pursuant to the Milestones Agreement, the Department performed this work with 

### minimal EPA direct involvement, although exchange of information and views on the site did 

### occur. We appreciate Region 

### 10's commitment to review and response within the 

### 20 day period. Attached is the Milestones Tracking Document for completion and return to DEQ. If questions on milestone' achievement, please

# contaet~**M~** at SD.3--a'<3eB-,",Y/' In the Office. ,

# • State of Oregon 

# Department of Environmental Quality Memorandum
To:
From: Through: Subject: Date: April 19, 1995 Renee Dagseth EPA Region 10, Mailstop HW-106 [)5&

### D~uis and Gill Hargreaves, Regional Hazardous Waste Managers Roy Brower,

## Managert~ Hazardous Waste Policy & 

### Program Development Capability Milestone Transniittal Action: EPA Review and 

### Response Within 20 days 

### Milestone No. 4A., "Demonstrate Complete Plume Characterization at Two Facilities" The Department has completed work that achieves a capability milestone for one of the two facilities required. The work is described as: Requiring complete characterization of groundwater, including horizontal, vertical and off-site, at the Marion County Shops Facility (ORD089452437). In accordance with the Stipulation and Final Order, Marion County submitted work plans and schedules that were reviewed and approved by the Department without EPA involvement. Marion County submitted their RCRA Facility Investigation Addendum in August, 1994 and the RFI addendum addressed 

### all deficiencies set forth in a Notice of Deficiency that had been issued. The Department has concluded that groundwater has been adequately characterized at the facility, including installation of off-site wells that showed contamination has migrated from the facility. Additional documentation pertaining to this milestones achievement is on file (Final RFI Report, March 1993 and RFI Addendum, August, 1994) at EPA Region 10. Pursuant to 

### the Milestones Agreement, the Department performed this 

### work with minimal EPA direct involvement, although exchange of information and views on the site did occur. We appreciate Region 10's commitment to review and response within the 20 day period.

. . 

### Attached 

### is the Milestones Tracking Document for completion and return to DEQ. If 

### questions on 

### this milestone achievement, please contact Bill Robertson at (505)-229-6842 in the Northwest Regional Office or Joe Petrovich in Western Region at (503)-378-8240 ext. 

### 248.r> 

# •••

.., ;.



### ___Milestone. 1A. 

### Internal guidance 'document'on units, SWMU's and site lead. j :1 

### lB. 

### Internal procedure ' fo 

## document ratlonale for unit and faclllty classlflcatlon In file and demonstrated 

### on . two 

### sires,
.
1C. BriefEPA Management 

### on 0 

### to 3 

### faclllty classlflcatlons, ::. ",



### ID. 

### .Complete 

### two RCRA 

### Facllity 

### Assessments,' depending upon plpellne, '

" 

# .

, "-

### . • t



# .**.'~~**



### . MILESTONE COMPLETleAPPROVAL FORM



# . . 

### Submjrted by DEQ ---llunrovllJ by EPA



### •

"
'" Comment 

# e l •--_.
__**._-----~** - -_.-**---_._~ ~--.** **~-** 

## .



## .... 2A. 

### I Complete/model order 3/17/95 3/24/95 Cascade Wood

- White City 

### for corrective action
. 

# . 2B. Negotiate and Jssue two orders' orpenults whh substantive elements. 2C. 

### I Include' stabilization In two orders 'or pennlts: 2D. 

### I Include stipulated penalties In one order. 2B. 

### I Establish model language and Issue two pennits or orders requlrlng FlO &. 

### H compllance as appropriate • 

### for given site
.. 

## '" 2F. 

### I Submit one accepted 12/05/94 12/22/94 AA Plating

- ORn 02539**~535** 

### clean closure. ,


### 20. '/ Pursue off-site contamination In one order orpermlt.



# .. 

# .0' :::


# o 

# < "- ......**-~** ,-":-.

---

# .~ -. 

# -' 

# • • 2II. Include performance \ 

## . 

# . , 

## requlrernents for 

## remedlatlon In one order orpermlt, 

## , 21. 

### Ccncentratlon-based 

# .. . 

### standards for 

## nil media In one permit 

### or order. 

## 3A. Document finnncial assurance on three TSD's. 

### 3D. 

### Establish nod 

### require finnnclni nssurnncc for two facllltles.

. 4A. Demcnstratecomplete plume 

### chnracterlzatlou 

## at lWO**racllltle~.** 

### 4D." 

### Approve one RFI Workplnn,

, 

### . 

### SA. Require two stablllzatlon work plans,
5U. 

### Approve lWO 

### stabilization work plans,



# - .

, 

# .
, I 

### 16 Har.95

.J2..L05lli..



### 12/05/94 

## '.**11.,l.O5~** (I

### 12 Apr.95 all accepted

Jll11ll.l.L.6L..jL 9'-LS

_


### 12/22/94

1'1 1'12**J~J/I** 

### Chern. Waste ORn 089 45 2353 Safety Kleen 

# ann 98 1766124 EvaniEe ORn 9023l,66

", -,**~'**



### AA Plu ting

- ORO 02539**~TI5"** 

### . AA Pluting

- ORO 02539 3535



### One of TWQ 

### Completed 

### .bA-flating

- ann 02539 3535 

### One of Two Completed

"-', "" ; 

# sc, IDcmcnsuute lmplcmcntutlon 

### oftwo stablllzntlon 

### workplans. -l..1.l05./-.%. 

### -12./.2..2./.-9.1&.---- AA PloHog

- olln 0253Cl 151.LOne of Two completed


### 5D.

, l 

# r · ·1I 

### App.rove one 

### corrective, measures work plan:



# -.**I"~**



# 6'· /-" 

# o \

'.. '.



### ,

## O~ "UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 10 1200 Sixth Avenue Seattle. Washington 98101



### October 26, 1994

... ., 

### Rep.ly To Attn. Of: mq-111 

### Mary Wahl, Division Administrator Waste Management and Cleanup Oregon Department of Environmental Quality 811 SW sixth Avenue Portland, Oregon
. 97204-1390 

### Re: Transmittal of Final**Mil~stone** 

### Agreement Dear Mary: Waste Management c\Cleanup Division**D~partment** ot Environmental Quality



### Enclosed is 

### an originally signed final of the Capability Milestones Agreement. The finalization of this agreement is itself an important milestone in coordinating and facilitating authorization of Oregon's corrective action program. Your staff, and Dave st. Louis in particular, demonstrated a true commitment to working together and achieving progress. Please submit milestone work products to Cheryl Williams, Oregon state Program Coordinator. Cheryl will work with EPA'S 

### milestones team to ensure timely review of, the DEQ work products. Also, EPA 

### will use the milestones tracking sheet developed by DEQ to monitor milestones progress. Thanks again. Sincerely,

# ~.k.) Randall F. smith,

## ~ir;ctor Hazardous Waste Division Enclosure cc: (letter only)
. Roy Brower, Waste Hanagm.ent and 

### Cleanup Dave 

### st. 

### Lou..is, NW 

### Region Gil 

### Hargreaves, 

# W: Region Chuck Clinton, IDi 

### Region Brett Hc-t(night, E. 

### Region Cheryl Williams, EPA**~lILESTONES** 

### OBJECTIY'"E
The Oregon Department of Environmental Quality (ODEQ) will-be seeking authorization for HSWA Corrective Action during 1995. The Environmental Protection Agency (EPA or Region , 10) desires to authorize the Department upon demonstration ofcorrective action capabilities and

completion of an authorization application' and completion of 

### this milestones agreement. Completion of these milestones is intended to demonstrate Oregon's legal, technical and enforcement capabilities to compel cleanup ofreleases to the environment from facilities subject to RCRA permit and to assure EPA Region 10 that authorization of the State of Oregon for Corrective Action 

### will be protective of the environment. Both agencies have made Oregon's authorization 

### process a high priority. Oregon 

### is committed to meet these milestones and to prepare-and submit a complete HSWA Corrective Action application 

### in early 1995. EPA is committed to timely review and acceptance or comment on Oregon work products submitted 

### as milestone achievements. It 

### is EPA's 

### strong desire, upon successful completion of the capability milestones, to authorize Oregon for corrective action as expeditiously as possible. 

# i.e, BACKGROUND TO MILESTONES The 

### Subtitle C program of the Resource Conservation' and Recovery Act 

### (RCRA) sets forth statutory and regulatory provisions for a "cradle-to-grave" system to manage hazardous waste. 

### In addition to management standards, 

### RCRA establishes requirements for corrective action. Oregon is authorized for the RCRA base program and 

### is seeking authorization for all RCRAlHSW

### A components through July 

### 1, 1993 except corrective action. Oregon 

### is already authorized for corrective action of releases 

### from regulated units, but has not applied. for, nor been granted 

### authorizationfor the corrective action provisions ofthe Hazardous and Solid Waste Amendments (HSWA) of 

### 1984. 

### In order to transfer HSW A Corrective Action authority to a state, EPA must be assured that the original intentions and requirements ofthe Subtitle 

### C 

### programwill be applied. 

### in that state. 

### At the time of

### each. succeeding transfer of a major program element to a state, 

### EPA mustjudge the state's capability for the portion of

### the program. for which

## tlfey are already authorized, plus 

### their potential capability to ran an additional portion of 

### the RCRA program 

### in lieu of the Federal program, . 

### EPArecognizes that Oregon

### has.made progress towarddemonstrating corrective action

### capability over the past two 

### years 

### through work performed 

### by the Stare as part of the annual StueIEPA planning 

### process. '.
.. . . . -,"
. .. _, h**.~**
. ..•..

.

### PROCESS To meet the capability objective, a list of milestones has 

### been compiled and agreed to 

### in this document. The milestones cover the areas critical to a credible RCRA corrective action program. The 

### milestones are classified. under a "General Milestones" heading with a set of supporting "Specific Milestones" that the Department agrees to meet. For each General Milestone, a rationale is provided. The Specific 

### Milestones are the deliverables 

### to be evaluated as part of the 

### HSWA Corrective Action authorization process. The milestone deliverables must be products completed or substantially developed in State 

### Fiscal Year 1995. 

### Although some site work in progress or recenrly 

### completed by Oregon will be submitted as milestone achievements, EPA 

### will evaluate these products in the same manner as work on new 

### sites and against the clear expectations ofthis 

### milestones agreement. The 

### emphasis on current and future work products is consistent with 

### our approach of making this a forwardlooking, rather than 

### a backward-looking effort. '.
. While a number of the specific milestone tasks 

### in this 

### agreement may be achieved through either a permit or an order, at least one order and 

### one permit will be completed for the Capability milestones. It is further noted that specific milestones may be included in General Milestone #6, Enforcement, based on the compliance review to occur this fall. As the Department completes each milestone, the demonstration will be submitted in writing to EPA 

### Region 10 

### for evaluation. As 

### appropriate at the time of the submittal, the Department may provide a briefing for EPA on the rationale the Department.applied 

### to assist in the review of the submittal. A 

### "Milestone Completion Approval Form" 

### will accompany each submittal. EPA 

### will respond 

### in writing 

### within 

### 20 days by returning 

### the form, showing EPA approval if 

### the milestone has been met, and 

### will in addition note the overall status 

### of milestone achievements at sites meetings and 

### grant reviews. All 

### milestone tasks 

### must be deemed acceptable, 

### or acceptable with comment, by EPA [0 

### satisfy a milestone objective. Acceptable 

### with comment means the basic intent of the milestone has 

### been met; however 

### EPA may wish 

### to provide additional technical 

### comment that may assist the Department 

### in the completion of future, similar corrective action products. [Note: one order or permit can satisfy many different milestones.] 

### All milestone tasks must be completed without substantial EPA 

### technical assistance or assistance 

### from EPA contractors. 

### On the other hand, 

### it is 

### fully intended that 

### the Department and EPA 

### will conrimie to 

### openly discuss policy and 

### technical 

### site issues. It is important that these 

### discussions are encouraged and are 

### not used to 

### evaluate capability.
. During 

## thC development of

### the 

### milestones. certainprogram areas that are important comributors 

### to a successful corrective 

### action program were not 

### raised as 

### neffling further evaluation. These 

### program 

### areas include training, 

### certain information manageIIlCIl! activities, 

### pub.licrelations and 

### personnel managemcm.. 

### Com:inued commitment and performance 

### in these areas 

### is expected 

### by both.

### EPA and the 

### Depamnem..

+-----.-- 

### -The-Departmemhas-expressed_concan_that_EPA has not followed. through 

### on its prior milestone

# .gree~ents. EPA's commitment to the milestones objective and process must be

# e~ured for this authorization procedure to be successful. 

### l\1ILESTONES
GENERAL MILESTONE 1: TSD CLASSIFICATION, 

### UNIT IDENTIFICATION 

### AJ.'ID DOCUM:E.L'ITAnON Rationale:



# •

Specific Milestones; The ability to use RCRA's substantive legal instruments (General Milestone 2) is dependent on the proper classification of a facility and its waste management units. If a facility is not identified as a permittable TSD and its regulated units are not correctly identified and documented, there may be a long delay, or possibly no enforceable way, to require groundwater monitoring (Subpart F), closure plans (Subpart G), financial assurance (Subpart H), or remediation under RCRA. Although there have been improvements, the Department does not currently have any written or well-ingrained policy that operates agency-wide to ensure that certain guidelines are being followed in making decisions on regulated units and facility classification as a TSD.
. The Department must demonstrate that it has a process for determining and documenting facility classifications. A· written, internal guidance document similar to. a sites agreement would serve the purpose of a) documenting the Department's process, and b) assuring consistency. This guidance document should be included in the program description of the authorization application.



### lA. The Department will 

### finalize a guidance document with 

### EPA review and

.comment 

### that will: i) 

### delineate the differences between regulated units and solid waste**manag~ent** 

### units**(~s)** 

### and when a site 

### undergoes closure 

### ."**v~'** 

### HSW A Corrective Action; 

## ill describe the decision process for classifying TSD's; 

### and

EPA 

### will review and' approve or comment on 

### the d()CTTIT1ent 

### within. 20 days after submittal.
. . 

### iii) 

### and delineate in general terms when a site will be managed underthe Cleanup 

### Programor deferred

### to EPA's 

### EmergencyRemovalProgr2DL

- . . - - 

### . .

### lB. The Department will 

### develop a procedure to document in 

### the site me the rationale for regulated unit and 

### facility classification decisions, and demonstrate its 

### application for two (2) sites.



### . This may be completed through RFA's, permir-documents, public notifications,

notes to the files, etc. Specifically, for CEI inspection reports, the Department will add a "regulatory status" section. 

### This section should describe a facility's solidfhaz.ardous waste streams, volumes, waste management activities, Pan A submittal, dates of specific waste management activities and identification of RCRA-regulated 

### units. . 

### Ie: Oregon DEQ will 

### brief EPA management on zero to three (0-3) facility classifications, dependent on the number of new facilities that DEQ 

### becomes aware of, prior to completion of the capability milestones, that require program classification. These briefings should include why and how these classifications were made. They also should describe factors, processes, and priorities for deciding which facilities to pursue and with what legal instruments
.. 

### ID. Complete a maximum of two RCRA Facility Assessments, depending on avail:l.bility of 

### appropriate facilities in 

### the pipeline. For 

### the RFA's to be determined acceptable for 

### this milestone, they must at least contain the following: (1) Identification of all past and present units and areas ofconcern. Both regulated 

### units and SWMU's must be identified and have 

### unit history documented. (2) Properly document all decisions. (3) Characterize 

### potential for release, potentially 

### contaminated media, and potential 

### routes of exposure. Each 

### unit identified 

### in the 

### RFA must be adequately identified to support potential 

### future corrective action, i.e. identification ofeachunit managing solid waste and 'and explanation as to why there 

### is potential for releases to have occurred. [Note: 

## The Department currently has no identified facilities needing an RFA 

### in

. the RCRA pipeline. The Department

### will be worldng 

### in tandem with EPA on the 

### TeledyneRFA that is being conducted underEPA lead. Star.ework, such as draft· RFA review, etc., 

### will be. evaluated by EPA personnelfor state peIforrnance under 

### this milestone. Other work 

### meeting the intent of this 

### milestone may be 

### substitmedandmay 

### consist ofthe 

### initial 

### identification, history anddocumenwion of SWMU's, units and AGe's 

### ar a site and 

### a."SPSSmC:nt of the potemial for releases 

### and 

### exposure 

### pathways 3I1d 

### an a.ssesvnetlt 

### of

### th.C overall site 

### priority for : .. furth.c:r

### work. These efforts 

### collectively 

### JJJaY fulfil 

### the 

### mininnnn requirements of

.. : anRF

### A. batwould stop short of

### a formal RF A report. 

### 'I'he" Department

### mayalso 

### substimr.c products 

### from other 

### cIeamxp programs that meet the minjmum requirements.]
. r:- ---- ------. 0·" 

# C·Ce



# o

### I.

### ENERAL

# ~m..ESTONE 2: 

### LEGAL INSTRillvIEl'il'S Rationale: Legal instruments (corrective action orders, permits, closure plans, etc.) are often necessary to compel-and document a facility-specific corrective action program. 

### Specific Milestones: 2A.
. 

### The Department will 

### develop an EPA 

### approvable model corrective action order. During the past year, EPA and DEQ have been working together on a corrective action model order for Department use. It should be finalized and incorporate EPA's August 

### 23, 1993 comments.

'

### .. 2B. The Department will 

### negotiate and issue two corrective action orders or permits. Each order or permit should be issued to a facility and incorporate the appropriate substantive elements of the model order developed above. 

### 2C. The Department will 

### include stabilization requirements in two orders and/or permits. 2D. 

### DEQ 

## Will include stipulated penalties in one order to the extent that their inclusion in 

### an' order is 

### consistent with 

### DEQ'

### s EPA-approved enforcement rules and ComplianceAssurance Agreement andDEQ enforcementpolicyand guidance. 

### 2E. The Departmentwill 

### establish model language and 

### issue a combination of two permits and/or orders to LDF's and 

### require them to fully comply with
. 

### Subparts F, G and H 

### to the extent the requirements are appropriate for the

. facility 

### (See Specific M:ilestone 3B 

### for related milestone requirements for

financial 

### assurance).
. -The permits and/or 

### orders must require 

### the facilities to comply'**Yli~** 

### at a min;l!ilun, Subparts F, G 

### and. 

# a consistent with 

### the Department's enforeemear guidance. 

### However; both EPA and the Department recognize 

### -that illegal, nonnotifying.LDFs mAy not, 

### in some instances, 

### have the financial means to**stri~y** comply with these requirements. 

### In accordance with EPA's letter of June 29, 1993,· 

### the Department intends to 

### exercise flexibility· 

### in. imposing these requirements on these types of facilities. follows: ..'

_ __ '**,~** :\," 

### Subpart F Where groundwater impacts are already known and detection
. monitoring
. 

### would
. be '.- redundant, ".**T~** ••• assessment 

### monitoring will be 

### -reqaired. Where monitoring 

### has not been done and inability to pay 

### isSubpart G SubpartH demonstrated, the Department will seek a balance of requirements between systems designed to immediately detect a release and systems intended to assess the DaOJIe and extent of a release, as well as incorporate

### '~sUbsequent post-closure care monitoring. Closure/post closure plans (or equivalents) 

### will be required for all LDF's. The Department will review demonstrations of inability to provide financial assurance with EPA on a case-by-case basis.

I
, I: 

### 2F. The Department must 

### submit one fully 

### documented acceptance of clean 

### closure. 2G. The Department will 

### include explicit enforceable language in one permit 

### or order to require the pursuit (characterization and remediation) of off-site contamination (also 

### see Specific Milestone 4A). This language should be similar to EPA's 3004(v) language. [Note: Although the Department is currently pursuing characterization of 

### off-site contamination at several facilities, until these characterizations are completed, it is not known with certainty that off-site remediation will be necessary or achievable.] 

### 2H.
. The Department will 

### include specific enforceable performance requirements for remediation of contamination in one permit or order. For example, at sites with groundwater contamination, the Department will require performance standards for plume remediation or containment and

. satisfactory progress. 

### In addition, permits 

### will require the facility to demonstrate their compliance with the performance standards.
. 

### 2L .The Department will 

### include" actnal concentration-based standards for all appropriate 

### media (air, surface water, groundwater and 

### soil) in one permit or order.." These 

### are the standards that the facility must 

### use as targets for corrective action or as triggers for a Corrective Measures Stndy.
.



### +- .•.. . .. : "'-. .: .... : ...__. 

### GlNERAL MU,FsrONE 

### 3: FINANCIAL ASSURAJ.'iCE •

__ ," 't
....

. .....**;.~** ••z ;

. .'**'t:.~:,:~.~~~.~.~~~**



### ... - .. 

### - . ".
... ... :,.'"**~~** ...... 

# ICorrective action and RCRA Closure/Post-Closure are long-term efforts which require significant monies to complete the necessary work. The regulating agency must ensure that TSD facilities maintain adequate financial assurance 

### in accordance with 40 CFR 

### 265/264 Subpart H to" 'ensure: 1) a facility will ultimately pay for any necessary cleanup, whether through closure or corrective action or both, 2) any necessary cleanups will occur 

### in a timely manner, and 3) the public does not directly bear the costs. 

### EPA has offered to assist 

### DEQ in evaluating companies' arguments that they are unable to provide financial assurance required by Subpart 

### H for 

### closure/post-closure care or for corrective action for SWMU's under 40 CFR 264.101. Specific Milestones.

'0-
...

ii) 

### 3A.


## 3B. The Department 

### will-submit three CEl inspection reports andlor three me record reviews for TSD's documenting whether or not the TSD's meet Subpart 

### H requirements. The Department will require and 

### establish financial assurance mechanisms consistent 

### with Subpart H for two facilities (also see Specific Milestone 2D). The mechanism must be adequate to cover all reasonably anticipated costs. At' least one of the two facilities selected for this milestone must have groundwater contamination sourced. from either a regulated unit or a SWMU. This milestone may be accomplished by any of the following mechanisms: i) compliance orders which enforce 

### 265 financial assurance requirements at'TSD's for closure/post-closure care. corrective action orders which include a stipulated requirement that the facility develop a realistic estimate of costs for investigating and remediating releases fromSWMU's and provide financial

.. assurance mechanisms for covering those costs. '",**~,** ... ....

### -
.. 

### iii) permits which include 

## r:equiremeD.rs listed in either i) or ii), as

•. !"
.. appropriate.



### - :..**."~.."** .•- . . - :

()

# •....
-\' 'f.' !**~,.** •

, 

## .- GENERAL MILESTONE·4: CHARACTERIZATION OF CONTAJ.'dIN'ATION -, :..'i**.~** :4 Rationale:
.. Only through complete characterization ofconmnination released at, 

### from.. and 

### beyond a 

### facility can there be 

### alnfidence that the corrective

_ 

# measures 'c;')"'implemented (or No Action Alternative) 

### .will ultimately 

### be proteetive of**!"~an ,~**  l health and 

### the emixolll ilent•. EPA recognizes the Department

### has been reviewmg'

.. and approving RFI worlqJla:as for several 

### iyears, however
.EPA· 

### .wishes t9. 

### emphasize complete plume clIaIaeterization as a milestone. '.'
....**..;.';~**r, . ' ,:-: .';'" '. -- .-:'Specific Milestone:

" .,.,.. 

### ,-. -. - . 

### 4A. Demonstrate complete plume' characterizationat"two'**facilities;'~** 

## ':
.. :**C'~~~.:** 't:.::.:

## PI~~ must be 

### characterized both

## ;erti~y and

## h9rizontauy~ -Atleast one 

# or" these plumes should have spread off-site, so that the Department demonstrates capability to require facilities to 

### investigate and where 

### necessary," remediateoffsite plumes. (also se,e General 

### MilestoneZf'),
.**':::::<~:** ..:".::..
..

- .**'~-'** :,.-!r**:~.** .,**-~** ....**:~.** -:..... 

### 4B. Approve one (1) RCRA Facility '!iivestigation**Wo~rkplan-':** 

### : ".: : .:<:.:; .. :

., .- .....**_-.c...~.** . - .... ,.... - -

### .'-"-_

..... '-. ..**~-,-)-** 

### RFIs are often

### C9fr:U~!~1~ .in

### s~.g.eft;- .This milestone examines 

### RFI stages only. 

### -nota complete 

### RFt 

## ,',1'0 meet

## tlie ·definitioD;.6(an

### RFI for .i.hiS:iImestorie,**~the.RFI**

.must include theinstallation ofa set o.fground,water

### wells' (at:

### least4 wellsj.zone**.~** 

### .round of

### sampling of 

### allpotentially impacted

## media. and 

### a'processfornextsteps
.

. should furthersubsurface characterization be required or contaminadon be.found
..'; "in the new wells or other media(Surface" wate-t: soils,' or 

### air above action levels). To be determined acceptable. the 

### RFI workplans must at'

### a minimum: --1") 

### Install groundwater wells to determine the vertical and horizonal extent ofcontamination migration, and, 2) include a process to assure the complete characterization of soil and groundwater contamination even 

### if it goes-off-site.
.

"w

_ ,"_

.c.t....**.L~·** '''j 

### GEJ.'lERAL 1VIILESTONE 5: REMEDIATION· OF CONTAJ."YIINATION Rationale: .0, Remediating contamination releases**?-,~** from. and beyond a facility is**th~** ul?mate mission of corrective 

### action. '. : ...; .. ..\':'
..**~f"'::.;:.".** ..... -: ,:':_ ..'**=:""~~:)N** \ 

### Specific Mllestones;

... ·.1**:;.~' ~y;,:** **~-;C** . .:-:**.i~.~:~** :":',:_":"."**~)l..: /.:~:.'**  

### 5A. Formally require stabilization work plans from two facilities.**~.:.** 

### (Also**S~** 

### Specific Milestone 2C) 

### SB. 

# se.
SD.**~"~** :.-" -::1:':1:: If;**~:·e.D:.J:E..~;;:J' Xi'~I~**  

### .Jt Approve one

### co~ecti,e measure work plan.
. 

### SUbmit demoIJStr3tion 

### that corrective measures work plan 

### was implemented 

### by 

### one facility.
. .. ! 

### ."

.

1--

- .'
..... 

## . SF.
.

# Demaustr2te mCcessfal plume cout3inme1rt 

### at one

### facility or

### show suhst:mtia. progress 

### toward plume cominment

### through 

### facility oversight 

### at one facility.**~--'--~------~-_.** ----_.-

## _ ..

### -

# •

.. 

# !; . . . ,

· GENERAL i:YIILESTON"E**6:~EN"FORCEMENT** 

### , ! " .::.:; °j';;,.:.t:_ •... :. ( ," \",.

... .;,": h".**.:~** • .... , '_.'**"~-'~ ~:**  ".; j, 

### Rationale: Haying environmearalIaws "on the, books n 

### or.Incorporating appropriate legal

### language,~J~~rmi~an~.~rd,ers~ (GeneralMilestoneNumber 

### 2) is not enoughto eIJ.SUIl:
.. ,$at:-..facilities 

### 'will adequately"

### characterize and remediate-releases, of 'hazardous constituents 

### at and from'

## theIr facility... ,DEQ should demonstrate that 

### theycan, when appropriate, take effective enforcement action'agauistfacilitiesto compel Oregon's regulatedcommunity to follow federalclosure and/or corrective actionrequirements.' ";',. '.. '. ", .: ,.'-:,::' ,; " ';';

• - '. '. _f •.il .:.i.::' :.":
..
,"',-..,. <;. #

__ • ..., J.**r·~** . •• P' I • 

### .:.**~....** '.' ., '. 

### ',

. .,': .

-, 

## .- "**~~** .. "
.. L.:",,'**.i~~** I".:J.-". ',:"
..**~~.** ':
...**,~:,** '.. '-.
.. -av- .' '. 

### No specific**IIlil~on~ ~~**  

### are 

### ·iIJ;qhided'lina,er.**~' ~eperal** **tiii!~;o,fie** 

### headlngatthis 

### time. Based

### 'on**¢~,-co~Pf.!ar.tse.,.pro-~.** 

### evaluation

### underWa)<"in the event\EPA concludes changes**·~:nec~ary,.,tothe** 

### State' s,enforcementprogram, DEQ and EPAwill 

### negotiate .resolutions .r: 

### agreeable 

### 'to,' both**}g~~~jes ~·and.:·unde~e**  any'.' 

### necessary . modifications to**.t;P.e;~~p.~bili:tY** 

### 'Milesto!li$ or**'ili~~, ~ompliance**  

### .Assurance-Agreement, 

### whichever-is mostappropriate
..**~:,:'...,·-,··** 

### :**_~** 

### .. ..;:.\ ., ..J c"**,~..** - .. " " -**i...~~':** ...

• , t_. ._. ·;. ...**1~** r.. ,.. '"

. .**j~.:'** \:**~./.'** .. -**~:'.:** ..**~-""-"** .'
.. . . . - .... '.**~.'** 1..:
...... .. :. .._.. : ....**~:.>'::.-::':~ :~"~**  ..

### .< 

# I,e•.APPROVALS:

','H-o\ , r 

### Randal] Smith, Director Hazardous Waste Division U.S. Environmental Protection Agency, Region 10



### .:.. .'.:..:u.'

-, :. # .- .. ( 

### .. 

# • " l '" -) 

### I·**~:....:.;** 

### , 

# ,**'-~'** :...,. .

.. -.**_~.J** " .

-.

.**~.":'** ' .., 

### .. '. -. 

## _. ._,' . J; r: .. :: . 

## . .- .. , 

### . .

.. 'j**'.~** ... ,

### ...