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Oregon Department of Environmental Quality

Part I

Corrective Action Program Description

Portland, Oregon

July 28, 1995

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Revision Authorization Application

to

U.S. Environmental Protection Agency

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State of Oregon's

Hazardous Waste Management Program

(Corrective Action)

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Department of Environmental Quality

June 28, 1995
TABLE OF CONTENTS

July 28, 1995

INTRODUCTION

I.

II.

BACKGROUND

• Base Program Authorization

• HSWA Amendments

• Federal Regulations for Corrective Action

PROGRAM SCOPE, STRUCTURE AND COVERAGE

- 40 CFR § 271.6(A)

Page 4

Page 6

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A.

B.

Program Scope

Program Structure and Coverage

• Corrective Action is Required

• Corrective Action Will be Compelled Using RCRA Authorities

• Corrective Action in Final Permits

• Definition of "Facility"

• Definition of "Solid Waste Management Unit" (SWMU)

• Definition of "Hazardous Constituent/Hazardous Waste"

• Corrective Action Management Units and Temporary Units

III. AGENCY ORGANIZATION AND RESPONSIBILITIES

- 40 CFR § 271 AND 271.6(b)

• Hazardous Waste and Toxics Use Reduction Program

• Relationship with the State's Cleanup Program

• Relationship with EPA Region 10

IV. STAFFING, FUNDING AND RESOURCES

- 40 CFR § 271 AND 271.6(b)

Page 13

Page 17

• DEQ Corrective Action Program Description

A. Staffing

• Existing Regional/Permits Staff who will have Corrective Action

responsibilities

• Existing Regional Staff/Potential Corrective Action Workload

(Excluding Management and Administrative Support)

• Potential Impacts on Hazardous Waste Permit Issuance

• Potential Impacts on the Regional Offices

Page 1
• Accountability

B. Funding

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V.

VI.

TRANSITION

CORRECTIVE ACTION PROCESS

Page 21

Page 22

• Corrective Action Priority Setting and Ranking Method

• Site Discovery, Initial Ranking, Regulated Unit Screening and

Program Lead

• .RCRA Facility Assessments (RFA)

• Public Participation

• Interim Corrective Measures

• RCRA Facility Investigations (RFI)

• Action Levels

• Corrective Measures Study (CMS)

• Cleanup Standards

• Points of Compliance

• Proposal of Selected Remedy

• Public Review and Comment on Proposed Remedy

• Remedy Approval and Implementation

• Restoration Timeframe

• Completion of Corrective Action Activities

• Corrective Action at Permit-Track Facilities

• Corrective Action at Closure-Track Facilities

• Corrective Action at Permit-by-Rule Facilities

• Corrective Action at Facilities which Undergo Non-Corrective

Action Cleanup

VII. COMPLIANCE MONITORING AND ENFORCEMENT Page 40

- 40 CFR § 271.6(e)

• Current level of compliance monitoring and enforcement effort

• Compliance Monitoring Tasks

• Enforcement

• Classification of Violations

C>

VIII. DATA MANAGEMENT AND TRACKING

DEQ Corrective Action Program Description

Paqe 14

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ATTACHMENTS

Attachment A

• Oregon Hazardous Waste Statutes (Oregon Revised Statutes Chapter 466:

Hazardous Waste and Hazardous Materials II; Public Health and Safety;

Storage, Treatment and Disposal of Hazardous Waste and PCB)

Attachment B

• Oregon Hazardous Waste Management Rules (Oregon Administrative Rules

340-100 to 110 and 120 effective May 19,1995)

Attachment C

• Waste Management and Cleanup Organization Chart, June 1995

Attachment 0

• Memorandum, Rule Interpretation and Policy Determination, May 3, 1993

Attachment E

• DEQ Site Screening for Assignment to Hazardous Waste or Cleanup (Draft)

Attachment F

• Map: Universe of Closure/Corrective Action/Permit Facilities in Oregon,

December 1994

Attachment G

• RCRA Information System Coding in Oregon

Attachment H

• DEQ Enforcement Procedures and Civil Penalty Guidance

• DEQ Corrective Action Program Description Page 3
DEQ MISSION:

"The Mission of the Agency is to be an active force to restore,

enhance and maintain the quality of Oregon's Air, Water and

Land."

INTRODUCTION

This Program Description and its attachments summarize Oregon's proposal for

implementation of federal requirements for corrective action at permitted hazardous waste

management facilities. Corrective action is only one aspect of Oregon's multi-faceted

hazardous waste regulatory program.

Oregon's hazardous waste regulatory program is primarily a preventative program,

focused on waste minimization, waste management standards, compliance monitoring and

technical assistance. The program is designed to minimize or eliminate the need for

corrective action at hazardous waste management facilities. In designing a state

hazardous waste management program, The Department of Environmental Quality (DEQ)

has attempted to find a balance between the preventative and remedial aspects of

hazardous waste regulation.

DEQ is seeking authorization for its existing corrective action program, which is authorized

by ORS Chapter 466 (Attachment A) and implemented through the federal corrective

action rules adopted by reference.

I. BACKGROUND

The DEQ is the agency designated by the Oregon State Legislature to carry out all State

programs authorized by the US Environmental Protection Agency ("EPA") pursuant to the

Federal Resource Conservation and Recovery Act ("RCRA"), as amended.

Base Program Authorization

Oregon received final authorization for the base RCRA program on January 31, 1986 and

revisions were approved on May 29, 1990 and October 4, 1994. Authorization for the

Land Disposal Restriction Program' Phase II will become effective August 15, 1995.

Authorization refers to the process by which EPA delegates primary responsibility for

implementing hazardous waste regulations to a state regulatory program. Procedures and

requirements for authorization are found in 40 CFR Part 271. EPA authorizes state

programs which are equivalent to the federal program and may authorize state programs,

or portions thereof, which are more stringent than the federal program. EPA cannot

DEQ Corrective Action Program Description Page 4

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authorize state programs, or portions thereof, which are broader in scope than the federal

program. Oregon's regulatory program for hazardous waste is found in Oregon

Administrative Rules (OAR) Chapter 340, Divisions 100 through 107; 109; 110 and 120

(Attachment B).

HSWA Amendments

In 1984, Congress passed the Hazardous and Solid Waste Amendments, known as

HSWA, to RCRA. The HSWA amendments significantly expanded the scope of the

federal hazardous waste program to include requirements for burning and blending of

hazardous waste fuel, regulation of used oil, restrictions on the land disposal of hazardous

waste, and corrective action at hazardous waste management facilities. In the legislative

history of HSWA, Congress noted that a significant number of hazardous waste

management facilities which received RCRA permits were becoming Superfund cleanup

sites due to releases of hazardous waste and constituents from non-RCRA regulated

units. Congress also noted that the stringent waste management requirements passed

under core RCRA only addressed wastes generated and managed after the Act and did

nothing to address past waste management activity. By imposing corrective action

requirements on owners and operators of hazardous waste management facilities,

Congress provided EPA and the states with a mechanism to address hazardous waste

contamination at RCRA regulated facilities without depleting the Superfund Trust Fund.

Among other things, the HSWA amendments authorize EPA:

o Under RCRA Section 3004(u) to require corrective action for releases of hazardous

waste and hazardous constituents from any solid waste management unit at a

hazardous waste treatment, storage, or disposal facility subject to a RCRA permit,

regardless of when the waste was placed in the unit, and require financial

assurances for the completion of corrective action.

o Under RCRA Section 3004(v) to require corrective action for releases of hazardous

waste and hazardous constituents which have migrated beyond the boundary of a

hazardous waste treatment, storage, or disposal facility subject to a RCRA permit

and require financial assurances for the completion of such corrective action.

o Under RCRA Section 3008(h) to require corrective action for releases of hazardous

waste and hazardous constituents at interim status facilities.

RCRA Section 3008(h) is a federal enforcement authority and cannot be delegated to

states and, therefore, is not the subject of this authorization application. Only the

requirements of RCRA Sections 3004(u) and 3004(v) can be delegated to states and,

therefore, are the subject of this authorization application.

• DEQ Corrective Action Program Description PageS
Federal Regulations for Corrective Action

On July 15, 1985, EPA published the first HSWA Codification rule (50 FR 28702, adopted

12/11/87), which included regulatory language for corrective action at solid waste

management units (40 CFR § 264.101). Under the July 15, 1985, Federal regulations,

owner/operators of facilities seeking a permit for the treatment, storage or disposal of

hazardous waste were required to:

o Institute corrective action as necessary to protect human health and the

environment for all releases of hazardous waste and constituents from any solid

waste management units at the facility regardless of the time at which waste was

placed in such units, and

o Comply with Corrective Action requirements, schedules of compliance for such

corrective action, and assurances of financial responsibility for completing

corrective action as specified in final RCRA permits.

On December 1, 1987, (52 FR 45788, adopted 6/2/89) EPA amended the regulatory

requirements for corrective action, adding a requirement for owner/operators of facilities

seeking a RCRA permit for the treatment, storage or disposal of hazardous waste to:

o Implement corrective actions beyond the facility property boundary where

necessary to protect human health and the environment, unless the owner/operator

could demonstrate to EPA's satisfaction that, despite the owner/operator's best

efforts, they were unable to obtain the necessary permission to undertake such

actions, and to take on-site measures to address such releases as determined by

EPA on a case-by-case basis, and to provide assurances of financial responsibility

for such corrective action.

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On July 27, 1990, (55 FR 30798) EPA proposed detailed regulations for corrective action.

These proposed regulations became known as "draft Subpart S"" referring to their draft

status and to their anticipated subpart in 40 CFR Part 264. Draft Subpart S has not yet

been completely finalized; however, EPA is using portions of the proposed rules as

guidance in implementing corrective action requirements. On February 16, 1993, (58 ffi

8658, adopted 7/23/93) EPA finalized regulations governing the corrective action definition

of facility and Corrective Action Management Units ("CAMU") and Corrective Action

Temporary Units ("TU") and these two rules were adopted by DEQ by reference on July

23,1993 (OAR 340-100-002(1».

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II. PROGRAM SCOPE, STRUCTURE AND COVERAGE - 40 CFR § 271,6(a)

In this section, DEQ describes the State's corrective action requirements and the

relationship to existing federal corrective action requirements and other state programs.

A. Program Scope

In this application, Oregon is requesting authorization for the delegable portions of a

corrective action program equivalent to the Federal corrective action program. The

application is based on the state's existing statutory and regulatory authorities found at

ORS Chapter 466. Specific regulations, citations and legal authorities to implement

program are found in the Attorney General Statement

B. Program Structure and Coverage

Oregon's proposed corrective action program will affect all facilities seeking or required to

have a RCRA permit to treat, store and/or dispose of hazardous waste.

Corrective Action is Required

DEQ was authorized by EPA on. January 31, 1986 for closure and remediation of

regulated units (commonly referred to as Subpart F corrective action.) Requirements for

RCRA corrective action are found at 40 CFR 264.100 and 40 CFR 264.101, adopted by

DEQ by reference in OAR 340-100-002(1). These regulations establish corrective action

requirements for facilities seeking a permit for treatment, storage, or disposal (40 CFR

264.100) of hazardous waste as necessary to protect human health and the environment

for all releases of hazardous waste and hazardous constituents, including releases from

solid waste management units (40 CFR 264.101). Such corrective action is required

regardless of the time at which waste was managed in solid waste management units and·

regardless of whether the facility or unit was intended for the management of solid or

hazardous waste. Financial assurance for such corrective action is required.

o 40 CFR 264.101 also requires facility owner/operators to implement corrective

actions beyond the facility boundary when necessary to protect human health and

the environment to address releases which have migrated beyond the facility

boundary.

Under the federal corrective action program mandated by RCRA Sections 3004(u) and (v)

and codified at 40 CFR § 264.101, corrective action requirements are limited to releases

o Under 40 CFR 264.101, corrective action and schedules of compliance for

corrective action and assurances of financial responsibility for corrective action

must be specified in permits.

I

• DEQ Corrective Action Program Description Page 7
from solid waste management units. Oregon has independent state authority to require C

corrective action for any release of hazardous waste or constituents regardless of its .

origin. Such provisions are broader in scope than the federal provisions for corrective

action at RCRA Sections 3004(u) and (v) and (40 CFR § 264.101). Although analogous

legal authorities exist, Oregon is not seeking authorization for this additional, independent

authority.

Federal corrective action requirements stem from Congress' finding that, due to RCRA's

inability to address some releases, permitted hazardous waste management facilities were

potentially becoming Superfund cleanup sites. In the Legislative History to RCRA SectionI

3004(u), Congress wrote: :

"Current EPA regulations do not address all releases of hazardous constituents

from solid waste management units at facilities receiving permits under (RCRA

Section) 3005(e).

This could likely result in a situation of EPA issuing a final permit to a facility Which

is causing ground water contamination from an inactive unit, without the permit

addressing that contamination in any way. The Committee believes that all facilities

receiving permits should be required to clean up all releases from all units at the

facility, whether or not such units are currently active. Unless all hazardous

constituents released from solid waste management units at permitted facilities are

addressed and cleaned up the Committee is deeply concerned that many more

sites will be added to the future burdens of the Superfund program with little

prospect for control or cleanup. The responsibility to control such releases lies with

the facility owner and operator and should not be shifted to the Superfund program,

particularly when a final permit has been requested by the facility." (See, H.R. Rep.

No. 198, 98th Cong., 1st Sess. 20, 61, reprinted in 1984 U.S. Code Congo & Admin.

News 5576,5579,5620.)"

DEQ similarly believes that facilities seeking or required to have permits to treat, store or

dispose of hazardous waste, including facilities operating subject to Part 265 status,

should be required to address releases of hazardous waste and hazardous constituents

prior to or as a condition of permit issuance.

Corrective Action Compelled Using RCRA Authorities

DEQ is seeking authorization for the RCRA corrective action program based on existing

hazardous waste statutory authorities and adopted hazardous waste regulations.

Although DEQ operates three cleanup programs potentially related to remediation of

hazardous constituents (the Hazardous Waste Corrective Action Program aimed at

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DEQ Corrective Action Program Description

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PageS
• hazardous waste treatment, storage or disposal ("TSD") facilities; the Oregon

Environmental Cleanup Program based on Oregon's Cleanup Law and focused

hazardous substance releases at "non-TSD" facilities; and the Leaking Underground

Storage Tank Program aimed at underground petroleum tank releases)1.

Corrective action at sites subject to permitting may, in rare instances, be instead referred

to State Cleanup Program (as described more fully in Section entitled "Relationship with

the State Cleanup Program" on page 14. Facilities will be carefully screened when either

hazardous waste treatment, storage or disposal practices (i.e. "management practices")

or hazardous waste or constituent releases are discovered. The statutory authorities that

allow DEQ to compel corrective action using hazardous waste authorities are included in

the Attorney General's Statement.

Corrective Action in Final Permits

At facilities seeking or required to have a final operating or post-closure RCRA permit,

corrective action and a schedule of compliance for corrective action will be specified in the

permit. Corrective action requirements may be imposed either prior to permitting through

mutually agreed upon orders or unilateral orders, or as operating or post-closure permit

conditions. When corrective action proceeds in advance of permit issuance, all applicable

corrective action requirements will be incorporated into final permits upon issuance.

• ' Definition of Facility

For the purposes of corrective action implementation only, DEQ has adopted by reference '

the federal RCRA corrective action definition of facility found at 40 CFR 260.10, which is:

"all contiguous property under control of an owner or operator seeking a RCRA permit."

HSWA mandated that all facilities receiving permits should ultimately be required to

cleanup all releases from all units at the facility, whether or not such units are currently

active. Congress also specified that facility owners and operators should be held

responsible for all releases at hazardous waste management facilities at the time of

permitting in order to reduce potential burdens on the federal Superfund program.

Definition of Solid Waste Management Unit (SWMU)

RCRA corrective action relies in large part on identification of Solid Waste Management

Units ("SWMUs") to target facility investigations and corrective actions. Although DEQ's

corrective action program will not be limited to releases from solid waste management

units, DEQ will identify all SWMUs at facilities subject to corrective action and assess all

1 Oregon's hazardous waste program has already adopted rules and been authorized by EPA to administer Part

264/265 closure requirements and corrective action under 40 CFR 264.100 for hazardous wastemanagement units

(regulated units). • DEQ Corrective Action Program Description Page 9
SWMUs potential or actual releases of hazardous waste and hazardous constituents.

DEQ will use EPA's definition of SWMU as defined in 3004 (u) and proposed Subpart S.

Definition of Hazardous Constituent/Hazardous Waste

The universe of hazardous constituents subject to corrective action under state authority

pursuant to the state definitions of hazardous waste and hazardous constituent is

equivalent to the universe of constituents subject to federal corrective action pursuant to

the federal definitions of hazardous waste and hazardous constituents. While Oregon may

define such universe more explicitly than it is defined under federal regulations, both use

the same underlying test to determine constituents subject to regulatory control, that is,

does the constituent pose a threat or potential threat to human health and/or the

environment, either intrinsically or due to site specific conditions.

Corrective Action Management Units and Temporary Units

DEQ's corrective action regulations include provisions for corrective action management

units ("CAMU") and corrective action temporary units ("TU") at 40 CFR §§ 264.552 through

264.553, adopted by reference in OAR 740-100-002(2).

Corrective action management units (CAMU) are areas within a facility designated by

DEQ for the management of remediation wastes. Remediation waste is defined as, "all 0,

solid and hazardous wastes, and all media (including groundwater, surface water, soils

and debris, which contain listed hazardous wastes or which themselves exhibit a

hazardous waste characteristic or criteria, that are managed for the purpose of

implementing corrective action requirements under 40 CFR 264.101 and RCRA Section

3008(h)". For a given facility, remediation waste may originate only from within the facility

boundary, but may include waste managed in implementing RCRA Section 3004(v) or

3008(h) for releases beyond the facility boundary.

Placement of remediation wastes into or within a CAMU will not constitute land disposal of

hazardous waste and consolidation or placement of remediation waste into or within a

CAMU will not constitute creation of a unit subject to the minimum technology requirement.

Corrective action management units may only be designated in an order or permit

requiring corrective action. DEQ will provide opportunities for public comment on CAMU

determinations in accordance with the procedures discussed in "Public Review and

Comment" on page 33 of the program description. Designation of a CAMU will not effect

DEQ's existing authorities to establish cleanup levels and media specific points of

compliance.

Designation of a CAMU is a regulatory option which will be implemented at the discretion

of DEQ. When designating a CAMU, DEQ will specify design and operation standards,

including:

DEQ Corrective Action Program Description Page 10
o Specific requirements for management of remediation waste in the CAMU,

including CAMU design, operating, and maintenance requirements,

o The areal configuration of the CAMU,

o Requirements for groundwater monitoring, and

o Requirements for CAMU closure and/or post-closure.

When designating a CAMU, DEQ will ensure the following:

o The CAMU will facilitate reliable, effective, protective, and cost-effective remedies,

o Waste management activities associated with the CAMU will not create

unacceptable risks to human or to the environment,

o The CAMU shall include uncontaminated areas of the facility only if including such

areas for the purpose of managing remediation waste is more protective than

management of such wastes at contaminated areas of the facility, _

o Areas within the CAMU where wastes will remain in place after closure of the

CAMU shall be managed and contained so as to minimize future releases to the

maximum extent practicable,

o The CAMU will expedite the timing of remedial activity implementation when

appropriate and practicable,

o The CAMU will enable the use, when appropriate, of treatment technologies

(including innovative technologies) to enhance the -long-term effectiveness of

remedial actions by reducing the toxicity, mobility, or volume of wastes which will

remain in place after closure of the CAMU, and

o The CAMU will, to the extent practicable, minimize the land area of the facility upon

which wastes will remain in place after closure of the CAMU.

It is DEQ's intent to use CAMU provisions to facilitate more environmentally protective,

cost-effective, site-specific, and appropriate remedial decisions. While CAMUs may, in

some cases, be used to consolidate remediation wastes at a facility, it is DEQ's intent that

CAMUs will primarily be used to perform more on-site treatment of remediation wastes.

CAMUs will be used at RCRA corrective action sites only when other RCRA requirements

can not be appropriately applied at the site. CAMU will also be used at state cleanup,

non-corrective action projects. When designating CAMUs in the Cleanup Program, the

• DEQ Corrective Action Program Description Page 11
Hazardous Waste program will be consulted. Other DEQ programs also may establish

CAMU's, but not as part of RCRA corrective action. These CAMU's will be required to

follow the same substantive requirements and considerations, including facilitating more

on-site environmentally protective treatment of remediation wastes and including public

involvement in the decision-making. An on-going consultation process which involves the

HWTUR RCRA program staff will be continued to ensure that CAMU's will be established

only when appropriate

Under the provisions for Temporary Units (TU), DEQ can modify a design, operating or

closure standard for hazardous waste tank or container treatment or storage unit. Similar

to corrective action management units, temporary units may only be used for management

of remediation wastes and are a regulatory option to be exercised only at the discretion of

DEQ. When designating a temporary unit, DEQ will consider the following factors:

o Length of time the unit will be in operation,

o Type of unit,

o Volumes of waste to be managed in the unit,

o Physical and chemical characteristics of the waste to be managed in the unit,

o Potential for releases from the unit,

o Hydrogeological and other relevant environmental conditions at the facility which

may influence the migration of any potential releases from the unit, and

o Potential for exposure of human and environmental receptors if releases from the

unit were to occur.

Temporary units will operate for only one year, except DEQ may extend the operating

period for up to one additional year if DEQ determines that:

(1) Continued operation of the temporary unit will not pose a threat to human health or

the environment, and

(2) Continued operation of the unit is necessary to ensure timely and efficient

implementation of remedial actions at the facility.

DEQ will provide for public review and comment on temporary unit designations in

accordance with 40 CFR 264.553 (f) and (g).

Page 12
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•• III. AGENCY ORGANIZATION AND RESPONSIBILITIES - 40 CFR § 271.6(b)

In this section, DEQ discusses agency organization and where responsibilities for

corrective action are carried out.

Hazardous Waste and Toxics Use Reduction Program

DEQ implements corrective action through each of its three regional offices: Northwest

Region, Western Region and Eastern Region and through the Hazardous Waste Policy

and Program Development Section in DEQ headquarters. In November, 1992, then DEQ

Director Fred Hansen began a major reorganization of the agency, which was effective

one year later. The reorganization replaced the current Regional Managers with Regional

Administrators reporting directly to the Director, which flattened the organizational

structure; created three regions from the original five; and shifted approximately 140

positions from the Headquarters office to the regions. The former RCRA permits section,

which was responsible for permitting, closure and corrective action activities, was

decentralized in November, 1993, with staff distributed to each of the three regions. Also

decentralized in November, 1993, was the Toxics Use Reduction Program. The

Hazardous Waste Compliance Program had been decentralized since 1992. (See

Attachment D for a current organizational chart for Waste Management and Cleanup

Division and Regional Staff.)

• DEQ is headed by a Director, hired by the Environmental Quality Commission. Eight

Program or Regional Administrators report' to the DEQ Director. The Administrators

supervise DEQ's Program Managers in either Headquarters or Regions and are

responsible for long-range budgeting and planning for DEQ's Air Quality, Water Quality

and Waste Management and Cleanup Programs. Program Managers are responsible for

either policy and program development if in Headquarters, or program implementation if in

the Regions.

The HazardousWaste Program is responsible for the corrective action program and is one

of the five programs within the Waste Management and Cleanup Division. The Waste

Management and Cleanup Division includes the Hazardous Waste, Solid Waste, Cleanup,

Spill Response, and the Underground Storage Tank cleanup and compliance programs:

The Hazardous Waste Program currently has 62 positions at DEQ Headquarters and in

the three Regional Offices, including staff in the Management Services Division,

Enforcement Unit, and Laboratory Division.

Program implementation, including corrective action, is now almost entirely performed in

the regions, while program development, management, information management, policy

and planning are performed at Headquarters. The reorganization has resulted in

enhanced communications between the regions and headquarters and has facilitated

• DEQ Corrective Action Program Description Page 13
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decision making regarding program implementation. Regions now playa much stronger

support/input role in policy and program development.

Regional Offices are responsible for day-to-day interpretations of state and federal rules

and existing state policies. A formal process has been developed to elevate complex rule

or policy interpretations, the need for new rules or policies, and consistency issues to the

Hazardous Waste Policy and Program Development Section in Headquarters (See

Attachment E for process on rule interpretation and policy determination.). Once elevated,

both Regional and Headquarters Program Managers work as a team to develop program

direction or to resolve the issue.

Once authorized, DEQ will have the responsibility for the corrective action program at all

affected facilities in the State; however, DEQ has already been the lead in carrying out

RCRA corrective action at many facilities. During development of the annual State/EPA

Program Agreement (SEA), lead roles for both DEQ and EPA have been defined for each

specific facility. Over the past four years, DEQ has increased its role in corrective action

by assuming a lead role on an increasing number of facilities.

Regional staff are responsible for implementation of corrective action requirements,

compliance monitoring and enforcement'at facilities undergoing corrective action, including

facilities which undergo corrective action as part of a RCRA operating, post-closure permit

or order. Regional staff will also be responsible for gathering and submitting site-specific

information .for tracking corrective action activities and for implementing the public

involvement process. Regional staff are responsible for arranging for peer review of

corrective action activities.

Relationship with the State Cleanup Program

As previously discussed, there are three cleanup programs potentially involved in

hazardous waste remediation. Only the RCRA Corrective Action Program is the subject of

this corrective action application. This section describes the relationship between the

RCRA Corrective Action Program and the Environmental Cleanup Program. Details on

the RCRA Corrective Action Program are provided throughout this Program Description

and only minimal information will be provided on Oregon's Environmental Cleanup

Program since this program only rarely does work at RCRA corrective action sites.

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The Oregon Environmental Cleanup Program was created in 1988 to implement Oregon's

Environmental Cleanup Law (ORS 465.200 to 900). The Cleanup Law applies to any site

where oil or hazardous substances have been released or where there is a threat eft

release. The Cleanup Law does not apply to releases where cleanup has been completed

under either spill response pursuant to ORS 466.605 to 466.680 or to corrective action of

a release of a hazardous waste pursuant to ORS 466.005 to 466.350.

DEQ Corrective Action Program Description

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The Cleanup Law provides for a "State Superfund" that can be utilized by DEQ for

remedial action activities at facilities where a hazardous substance release or threat of

release pose a threat to public health and the environment. If a site is declared an "orphan

site", due to the responsible party's inability or unwillingness to fund a remedial action or

where no responsible parties exists, the state's Orphan Site Account will be used to fund

high priority orphan sites. The state's HSRAF (Hazardous Substance Remedial Action

Fund) also supports the state cleanup efforts.

A significant component of Oregon's cleanup program is its Voluntary Cleanup Program

(VCP). Long recognized as a model for other states and EPA, the VCP allows parties to

enter into agreements with DEQ to conduct self-initiated cleanups. The program is

funded through cost recovery. DEQ provides sign-off only on the portion of the cleanup

completed.

DEQ is not seeking authorization for corrective action using the Cleanup Law and does not '/..

intend to utilize the Cleanup Law to compel corrective action except in limited instances.

These instances will generally be limited to facilities where the owner/operator does not

have the financial means to comply with RCRA closure, post-closure and/or corrective

action requirements and the orphan site account must be tapped to protect public health

and the environment; where facility-wide corrective action. can be completed in a very short

timeframe and where no ongoing RCRA Hazardous Waste requirements (such as an

operating or post-closure permit) must be met; and to generators who have had

systematic releases of hazardous waste to the environment, but are not being addressed

as RCRA treatment, storage or disposal facilities. In practice, sites that are "clearly .

RCRA" will be managed by the HW Program; sites that are "clearly non-RCRA" will be

managed by the Cleanup Program; and for sites that are not clearly either program lead, a

case-by-case determination by management will be made (See attachmen~for DEQ's

Site Screening for Assignment to Hazardous Waste or Cleanup.) e:

Relationship with EPA Region 10

DEQ's implementation of corrective action under permit authorities will be governed by the

State/EPA MOA. The proposed State/EPA MOA specifies that DEQ and EPA are

committed to continued successful implementation of corrective action. The State/EPA

MOA is attached as Part III to this application. In addition to the State/EPA MOA,

State/EPA relations are governed by State/EPA Agreements and yearly Workplans. The

State/EPA agreement and workplan outlines the activities· DEQ will undertake and

complete each year in consideration of the RCRA grant moneys awarded by EPA.

Agreement and workplan negotiations will include any transition of sites from EPA to DEQ

oversight. DEQ and EPA negotiate agreement and workplan commitments after

consideration of the yearly workload planning guidance provided by EPA in the RCRA

Implementation Plan ("RIP").

DEQ Corrective Action Program Description

o

Page 15
Agreement and workplan milestones for corrective action will, at a minimum, be

negotiated biannually and may include:

Human exposure Control Determination

Groundwater Releases Determination

RFA Complete

Corrective Action prioritization

Impose RFI

Receive draft RFI workplan

Review RFI workplan

NOD on draft RFI workplan

Approve RFI workplan

RFI oversight

RFI oversight inspection

RFI complete

Receive RFI report

Review RFI report

ImposeCMS

Receive CMS workplan

Review CMS workplan

NOD on CMS workplan

Approve CMS workplan

CMS oversight

CMS oversight inspections

CMS complete/Review CMS Report

Public Notice CMS report

Select Remedy/Public Notice

Impose CMI

Receive CMI workplan

Review CMI workplan

NOD on CMI workplan

Approve CMI workplan

CMI oversight

CMI oversight inspections

CMI complete

Impose Interim Measures

Receive Interim Measures workplan

Review Interim Measures workplan

NOD on Interim Measures workplan

Approve Interim Measures

Interim Measures oversight

Interim Measures oversight inspections

Interim Measures complete

It is the mutual goal of DEQ and EPA to ensure that sites are cleaned up effectively and

efficiently. It is also a goal of DEQ and EPA to assure that governmental jurisdiction does

",,

JI ~/

DEQ Corrective Action Program Description Page 16
•

•

not adversely affect the management of a corrective action site and is, in fact, seamless to

the regulated community.

IV. STAFFING. FUNDING. AND RESOURCES - 40 CFR § 271.6(b)

In this section, DEQ discusses the sources and distribution of existing corrective action

resources.

A. Staffing

Currently the Hazardous Waste Compliance, Technical Assistance, Toxies Use Reduction

and Permitting (including Closure, Post-Closure and Corrective Action) have 62 FTE of

which there are 38.25 in the regional offices. Of these full-time regional positions, currently

8.25 are dedicated to the permitting, closure and corrective action activities. Staff in these

positions include Environmental Engineers, Environmental Specialists, Hydrogeologists,

Clerical/Administrative Support and Regional Managers. Portions of two additional

positions in the Headquarters Policy and Program Development Section provide support

and data entry for reporting corrective action progress in EPA's RCRIS database,

coordination of development of the annual SEA work plan and program development.

The Northwest Corrective Action Strategy (July, 1990) states that successful

implementation of a corrective action program will require the following mix of skills:

o Hydrogeologic expertise

o Engineering expertise

o Chemistry expertise

o Accounting and financial expertise

o Site management, communication, and legal skills, and

o Administration skills

In addition, DEQ would add the following:

o Risk Assessment/toxicology expertise

DEQ believes the mix of skills recommended in the Northwest Corrective Action Strategy

can be adequately represented by existing DEQ regional office staff assigned TSDF

responsibilities. Currently, DEQ's regional offices support five environmental engineers,

two hydrogeologists, and two environmental specialists. Staff in the Regional offices

interact with the public and the regulated community on a daily basis, developing

extensive communication skills. Additionally, Regional Office staff can draw on the site

management experience of site managers from DEQ's Cleanup Program. Expertise in the

field of chemistry is provided by DEQ's Laboratories Division. Similarly, expertise in

• DEQ Corrective Action Program Description Page 17
accounting, including the ability-to-pay evaluations, is provided by DEQ's Business Office.

Legal support is provided through the Attorneys' General in the Oregon Department of

Justice. Toxicology support is provided by two toxicologists available to the Corrective

Action Program on an agency-wide basis.

Existing Regional/Permits Staff who will have Corrective Action Responsibilities

DEQ's three Regional offices have a total of 38.25 Hazardous Waste program positions.

Currently, the Regional offices are carrying no vacancies. The regions have had very low

turnover rates during the last five years.

,

Currently, Regional TSDF staff function as resources for regional compliance/inspection

staff and are largely dedicated to implementation and oversight of TSDF compliance

requirements. In some cases, DEQ staff are working with the Cleanup Program staff to

implement the cleanup law and regulations at hazardous waste facilities which are TSDFs,

but require timely remedial action and owners/operators do not have financial resources.

Two of the regional hazardous waste managers (Dave St. Louis and Brett McKnight)

oversee staff and implementation of portions of the State Cleanup Program in addition to

hazardous waste responsibilities.

The following figure illustrates the distribution of DEQ Regional staff. This and all staffing

figures were prepared based on the current DEQ and the current universe of hazardous

waste management facilities from the RCRA Information System (attached as Attachment

6).

Existing Regional Staff/Potential Corrective Action Workload (Excluding

Management and Administrative Support)

REGION FTE #TSD FTEITS

Northwest 3.5 9 0.38

Western 2.5 . 8 0.31

Eastern 2.25 4 0.56

Total: 8.25 21 0.39

Notes:

o Northwest Region FTE includes a hydrogeologist position that is currently

shared with Western Region. Eastern Region FTE includes a hydrogeologist

that is dedicated up to 50% to corrective action.

~- -

,

DEQ Corrective Action Program Description

- --- ---- ~~ - - --- - - -- ---- -- --------- -

Page 18
• o EPA is currently administering corrective action at four facilities (two in Western

Region and two in Northwest Region), not included above.

o The universe of Oregon closure/corrective action/permit facilities is portrayed in

Attachment G.

Potential Impacts on Hazardous Waste Permit Issuance

All hazardous waste management facility permits issued after November, 1984, must

contain corrective action requirements and schedules of compliance for corrective action.

DEQ has implemented the bulk of corrective action requirements through enforcement

authorities, prior to facilities becoming a permitting priority and plans to incorporate such

corrective action requirements into permits at the time of permit issuance. Modifications to

permits made necessary by corrective action implementation (e.g., for discovery of new

releases or solid waste management units) may also occur. Existing corrective action staff

assigned to the Regions will be responsible to ensure that all permits issued, either

operating permits or post-closure permits, contain all applicable corrective action

requirements and schedules of compliance for completion of corrective action and financial

responsibility requirements for completing corrective action.

Potential Impacts on the Regional Offices

• Corrective action implementation in the three Regional offices will occur based on the

priority of the site as determined by the National Corrective Action Priority System

(NCAPS) ranking method (see Section VI of the program description for discussion of this

priority ranking system).

Based on the current end reasonably-projected universe of operating and/or post-closure

facilities subject to permit, the Department has sufficient resources to operate the

corrective action program. The only explicit need in the corrective action program is for

additional hydrogeologic resources for the Western Region Office. Currently,

hydrogeologic support for corrective action facilities located in the Western Region is

provided by the Northwest Region hydrogeologist. DEQ is investigating several options to

obtain additional hydrogeology support and has the ability to contract for any necessary

hydrogeologic support that cannot be provided by the Northwest Region hydrogeologist.

DEQ may request support from EPA as needed. Where state decisions regarding RCRA

are precedent setting or require in-depth interpretation of the RCRA law or federal rules

adopted by reference, DEQ will seek technical assistance or concurrence from EPA.

Accountability

•

DEQ is committed to implementing a high quality corrective action program and ensuring

that an adequate infrastructure is established to assist individual corrective action site

DEQ Corrective Action Program Description Page 19
managers in making informed and consistent corrective action decisions. DEQ's C=:

mechanisms to ensure appropriate levels of accountability for corrective action decision

making include:

o General corrective action policy decisions and day-to-day oversight of program

development/implementation will be the responsibility of regional hazardous waste

managers.

o Complex corrective action policy interpretation or rule interpretation and policy and

rule development needs.can be elevated to the Hazardous Waste and Toxics Use

Reduction ("HWTUR") Management Team for interpretation and/or development of

new Statewide policies or rules.

o The HWTUR Management Team is chaired by the Policy and Program

Development Manager and made up of all HWITUR Managers. This group meets

every four weeks and is used as a forum for decision making on issues of programwide significance.

o DEQ consistently emphasizes early and thorough peer review in all aspects of

program implementation. Corrective action implementation activities will undergo

extensive peer review, especially at the point of remedy selection, to ensure all

corrective action requirements are met in a man,ner which is consistent with overall

program direction. c

o DEQ management conducts periodic, after the fact, audits and checks of regional

work products to ensure consistency with program policies and overall direction.

o DEQ is receptive to periodic EPA program reviews, including the annual and midyear program reviews, to assist us in assessing implementation of the hazardous

waste management program and targeting program areas for improvement.

o DEQ is also investigating the use of the ASTWM02 peer match program with other

states as a way to enhance our corrective action program.

B. Funding

Funding for DEQ corrective action staff will come from these sources,

(1) The state RCRA 3011 grant and state matching funds, and any corrective action

bonus or set-aside money;

2 Association of State and Territorial Solid Waste Management Officials.

DEQ Corrective Action Program Description Page 20

o
• (2) TSDF annual compliance determination fees for facilities undergoing permitted

corrective action (currently $13,680 annually per facility);

I.

(3) TSDF permitting fees that can be utilized to develop corrective action requirements

in permits (maximum of $70,000 per facility, based on actual Department costs);

and

(4) Other sources of hazardous waste revenue.

DEQ'is planning to conduct a major overhaul to its fee program for hazardous waste

management facilities in 1995-1996 to better reflect areas of agency activity and

increasing activity, e.g. permit modifications and corrective actions. A strong possibility

for the future fee base will be cost recovery fees modeled on the state Cleanup Program's

cost recovery system. The object of DEQ, however, is to establish a sound and stable

source for funding for TSD work reflecting our regulatory priorities and activities.

V. TRANSITION

Transition of the corrective action program from federal administration to state

administration will be governed by the State/EPA MOA and through the annual State/EPA

Agreement (SEA) negotiations. Facilities currently in the corrective action universe will fall

into one of the following categories and transition upon state authorization:

1. . Facility is currently subject to a RCRA permit that has been jointly issued by

EPA and DEQ and includes a "table of authorities" that delineates current

EPA authority, joint authority and DEQ authority. The State's basis for - eW

assuming authority over federal permit provisions for which the State is n ...-

authorized is ORS 466.086 which authorizes the State to take any action ~:~-letf.

within the legal authority of the Environmental Quality Commission o .

necessary to gain federal authorization of any portion of the Subtitle C

program.

Transition: Upon or shortly after authorization, EPA and DEQ will notify

the permittee that the table of authority as provided for in

current permits is being changed accordingly.

2. Facility is currently on a DEQ order independently issued by DEQ.

Transition: DEQ will independently administer and enforce these orders

and will no longer seek concurrent EPA review and

concurrence on work plans and work products. Any Part 8

permits including HSWA corrective action will be issued as

State permits.. Where State decisions regarding RCRA are

• DEQ Corrective Action Program Description Page2!
----- ----,

J

precedent setting or require in-depth interpretation of the C

RCRA law or federal rules adopted by reference, DEQ will

seek technical assistance or concurrence from EPA.

3. Facility is under interim status only and currently has not been issued a

permit or order by either EPA or DEQ.

Transition: DEQ will independently review and approve work plans and

products and no longer seek EPA approval on work plans or

work products. Any permit will be issued in accordance with

the provisions of the MOA.. Where State decisions regarding

RCRA are precedent setting or require in -depth interpretation

of the RCRA law or federal rules adopted by reference, DEQ

will seek technical assistance or concurrence from EPA.

VI. CORRECTIVE ACTION PROCESS

As a general rule, DEQ has not developed extensive independent procedures for

permitting, closure and/or corrective action that are different from EPA because of the

relatively small size of the regulated universe in Oregon. DEQ plans to rely on and

incorporate EPA guidance and procedures such as the following to guide our work and

serve as our standard operating procedure:

o "RCRA Facility Assessments Guidance," OSWER October 1986.

o "Interim Final RCRA Facility Investigation (RFI) Guidance," Volumes I - IV,

EPA/530/SW-89-031, May 1989.

o "RCRA Corrective Action Interim Measures Guidance, Interim Final," EPA/530-SW88-029, OSWER Directive 9902.4, June 1988.

o "RCRA Corrective Action Plan, Final," EPA 520-R-94-004, OSWER Directive 9902.4,

June 1988.

o Various EPA guidance publications on risk assessment, including the following:

• "Human Health Evaluation Manual, Supplemental Guidance: Standard Default

Exposure Factors," OSWER Directive 9285.6-03, March 25, 1991.

• "Risk Assessment Guidance for Superfund, Volume I, Human Health

Evaluation Manual, Part A, Baseline Risk Assessment." 1989 OSWER.

OSWER Directive No. 9285.7-01A. EPA 540/1-89/002.

0,1

DEQ Corrective Action Program Description Page 22

c
i '

• • "Risk Assessment Guidance for Superfund, .Volume I, Human Health

Evaluation Manual, Part 8, Development of Risk-based Remediation Goals."

19910SWER. OSWER Directive No. 9285.7-018. EPA 540/R-92/003.

• "Risk Assessment Guidance for Superfund, Volume I, Human Health

Evaluation Manual, Part C, Evaluation of Remedial Alternatives." 1991

OSWER. OSWER Directive No. 9285.7-01C. EPA 540/R-921004.

• "Risk Assessment Guidance for Superfund, Volume II, Environmental

.Evaluation Manual." 1989. OSWER. EPA 540/1-89/001A.

• "EPA Region 10 Supplemental Risk Assessment Guidance for Superfund:

Interim Final." August 16, 1991.

• "Ecological Assessment of Hazardous Waste Sites: A Field and Laboratory

Reference." 1989. EPA/600/3-89-013.

• "Guidelines for Developing Risk-based Cleanup Levels at RCRA Sites in",

Region 10," Interim Final or as updated, EPA 910/9-92-019.

The corrective action process, or pipeline, is similar to the Federal Superfund process and

include the following steps (more details pre provided on each in the following sections:

o Corrective Action Priority Setting and Facility Ranking'

o Site Discovery, Initial Ranking and Screening for Regulated Units and Program

. (Authority) Lead

o RCRA FacilityAssessment (ltRFAIt)

o Interim Corrective Measures

o RCRA Facility Investigation (ltRFIIt)

o Corrective Measures Study (ltCMSIt)

o Proposal of Selected Remedy

o Public Review and Comment on Proposed Remedy

o Remedy Approval and Corrective Measures Implementation

o Re-ranking at Each Process Step

o Assessment ofCorrective Action Performance

In general, corrective action requirements can be imposed using either an enforcementtype mechanism (e.g. to issue unilateral or mutually-agreed upon orders) or a permit-type

DEQ Corrective Action Program Description Page 23
authority (e.g. to issue RCRA operating or post-closure permits). In many cases, facilities

willbe subject to both the enforcement and permitting authority, so a choice must be made

as to which authority to use for implementation of corrective action. The Northwest

Corrective Action Strategy, prepared in 1990, recognized that decisions regarding

corrective action implementation mechanisms would likely be complex, and offered the

following factors and advice for consideration:

o The Cooperation of the Owner/Operator. Recalcitrant owner/operators may be

more responsive to an order, particularly a unilateral order, although appeals may

be time and resource consuming and there may be benefits to being under the

"structure" of the permit process. Cooperative owner/operators may respond well

to the permit process.

o Projected Length of Regulatory Oversight. In general, enforcement authorities are

less suited for activities requiring long-term oversight, whereas permits are

designed to address long-term activities.

o Timing of Corrective Action. An enforcement order may be more appropriate where

a prompt action is necessary and where a permit is not scheduled to be issued in.

the near future.

DEQ recognizesthat many facilities which undergo corrective action through a unilateral or

agreed-upon order will eventually require operating or post-closure permits which must

include corrective action requirements and schedules of compliance for corrective action.

However, DEQ intends to pursue corrective action implementation initially through an

order where an operating or post-closure permit has not yet been issued due to the small

universe of TSDFs. This also allows the DEQ to control the schedules and scope of

Corrective activities while the permit is being developed. Corrective action requirements

imposed in advance of permitting will be incorporated into permits at the time of permit

issuance.

Corrective Action Priority Setting and Ranking Method

It is DEQ's intent to address sites which pose the greatest risk to human health and the

environment first. This is known as "worst first" site prioritization. EPA Region 10 uses a

modified version of the NCAPS referred to as "Ten-CAPS" to assign corrective action

priorities. Site rankings under ten-CAPS consider the extent of contamination, the toxicity

of known or suspected releases, and the facility environmental setting to justify a high,

medium, or low corrective action priority or ranking. DEQ will use facility corrective action

DEQ Corrective Action Program Description Page 24
•

•

rankings calculated under ten-CAPS to determine priorities for purposes of workload

planning and will rank newly discovered/newly regulated corrective action candidates

using ten-CAPS. In addition to the ten-CAPS ranking, DEQ may consider the following

factors when determining facility priorities for workload planning purposes:

o The facility's compliance and enforcement history;

o Financial status of the facility owner/operator;

o The extent to which the nature of the release is known;

o The type and complexity of the required corrective action activity; ,

o The ability of the facility to conduct corrective action activities; and

o Public interest and/or concern.

o Where cumulative health risks from environmental releases not related to the

facility exist for people living in the vicinity of the facility, those circumstances will

be taken into consideration in the corrective action prioritization process.

In addition to the facility specific factors outlined above, DEQ will consider the guidance

provided by EPA in the biennial RCRA Implementation Plan ("RIP") when conducting

corrective action workload planning. DEQ and EPA will negotiate specific corrective action

workload commitments during State/EPA Agreement negotiations.

Site Discovery, Initial Ranking and Screening for Regulated Units and Program Lead

Most known facilities subject to corrective action have been ranked by EPA Region 10 or

DEQ using ten-:-CAPS. The ten-CAPS system assigns sites a high, medium, or low

corrective action priority based on site specific conditions, including extent of

contamination, toxicity of known or suspected releases, and environmental setting. Unless

new information on a facility becomes available, DEQ does not intend to re-rank federally

ranked sites. When ranking newly discovered facilities, DEQ intends to utilize the tenCAPS ranking system, as discussed previously.

DEQ anticipates three types of new corrective action facilities:

(1) New facilities receiving permits;

(2) Newly-discovered TSDFs (including generators who are classified as

treatment, storage or disposal facilities; and

• DEQ Corrective Action Program Description Page2S
(3) Newly-regulated TSDFs. c

DEQ anticipates that some newly-discovered TSDFs will be hazardous waste generators

who did not operate in compliance with the generator requirements by storing hazardous

waste (including treatment in tanks or containers) for over ninety days, or by treatment in

other than tanks or containers or by land disposing of hazardous waste without interim

status, or a RCRA permit.

At each newly-discovered and newly-regulated corrective action facility, DEQ will first use

ten-CAPS to rank the site based on available information. Site rankings will determine

facility placement on the RFA priority list. Newly-discovered corrective action facilities

which are ranked as a high priority for corrective action will be given a high priority on the

RFA priority list. Site discovery and initial ranking will be tracked in the RCRA Information

System ("RCRIS"). In the case of site referral to the Cleanup Program, site discovery and

initial ranking will be tracked in RCRIS, however corrective action activities will also be

tracked in the Cleanup Program's Site Environmental Cleanup Site Information ("ECSI")

database and subsequent remedial work.

RCRA Facility Assessments ("RFA")

Each hazardous waste management facility subject to corrective action must undergo a

preliminary evaluation to gather information which will assist regulatory agencies with

priority setting. This preliminary evaluation is referred to as a "RCRA FacilityAssessment"

or "RFA". The purpose of an RFA is to identify all releases and solid waste management

units at the facility and assess each units potential or actual releases of hazardous waste

and hazardous constituents. RFA's generally include a desk top review of available

information on the facility, a visual facility inspection to confirm available information,

collect additional information, and note any visual evidence of releases, and, in some

cases, a sampling visit to confirm or disprove suspected releases. DEQ will conduct RFAs

or equivalent evaluation and documentation in accordance with EPA guidance document,

"RCRA Facility Assessment Guidance" (October, 1986).

DEQ does not intend to routinely re-evaluate facilities which have final, recent EPAconducted, RFAs. Where a lapse has occurred since the EPA-conducted RFA was

completed, DEQ will undertake additional investigation of the facility to assure any new

SWMUs or areas of concern have not been created since the RFA was performed. At

facilities newly-subject to corrective action, and at facilities subject to corrective action

which have not undergone an EPA conducted RFA, DEQ w'i11 provide for or conduct an

RFA.

DEQ will conduct RFAs using DEQ staff or by employing contractors through a

professional service contract. RFA staffing determinations will be made on a resource

availability basis. DEQ believes it may be possible to negotiate some RFAs into the

c

DEQ Corrective Action Program Description Page 26
•

•

annual State/EPA agreement, in which case, EPA contractor personnel would perform the

RFAs under joint DEQ/EPA oversight. Regardless of their funding mechanism, specific

RFA commitments will be negotiated by EPA and DEQ in the State/EPA agreement.

Following the RFA, DEQ will use ten-CAPS to re-rank all facilities requiring additional

corrective action activities with a high, medium, or low corrective action priority. RFAs and

facility priorities will be tracked by the DEQ in RCRA Information System ("RCRIS")

(Attachment H).

Public Participation

DEQ believes that public participation is an integral part of our effort to reach the public.

DEQ'sgoal is to provide the public with timely information and meaningful opportunities for

participation in corrective action decision making, including meaningful opportunities for

public comment on corrective action remedy selection, cleanup levels, and points of.

compliance.

To the maximum extent possible, DEQ intends to rely on the existing public participation

infrastructure in the Hazardous Waste Program to meet the public participation needs for

corrective action and to ensure corrective action activities provide for adequate and

meaningful public involvement.

DEQ will develop and implement public participation and may require facility

owner/operators to develop and implement a public participation plan at any point in the .

corrective action pipeline. Such plans are subject to review, modification, and approval by

DEQ. At a minimum, public participation plans are required at the time of remedy

selection.

The purpose of a public participation plan is to encourage a coordinated and effective

public involvement process, tailored to the public's needs at a particular facility. The scope

of the plans will be commensurate with the nature of the proposed remedial actions, the

levels of public concern, and the risks posed by the facility.. Many facility owner/operators

who are required to develop and implement a public participation plan under corrective

action are already subject to the public participation requirements for RCRA permit

applicants and recipients. At RCRA permitted and permit track facilities, DEQ site

managers will ensure that corrective action public participation plans incorporate

applicable public participation requirements for RCRA permit issuance and/or

modifications. In the case of the disposal and treatment permits, the culmination of the

permit development process is review and subsequent approval by the EQC. For storage

permits, a similar process of review and approval is carriedout by the director.

.DEQ Corrective Action Program Description Page 27
• Interim Corrective Measures

In some cases it may be appropriate to take stabilization or interim measures during a

corrective action. Interim measures will be those actions which are required in advance of

final site characterization, remedy selection, or remedy implementation to address an

immediate threat to human health or the environment or to prevent further environmental

degradation or contaminant migration. When making determinations regarding interim

measures, DEQ may consider such factors as:

o Time required to develop and implement a final remedy;

o Actual or potential exposure of nearby populations or environmental receptors to

hazardouswastes or constituents;

o Actual or potential contamination of drinking water supplies or sensitive

ecosystems';

o Further degradation of the medium that may occur if remedial action is not initiated

expeditiously;

•

o

o

Presenceof hazardous waste or constituents in containers which may pose a threat

of release;

Presence of high levels of hazardous waste or constituents in soils largely on or

near the surface which may present an exposure threat to humans or other

receptors or which have the potential to migrate;

. 0 Environmental conditions, including weather conditions, which may cause

hazardouswastes or constituents to migrate or be released; and

o Risks of fire or explosion or potential for exposure to hazardous waste or

constituents as a result of accident or other cause.

To the extent that the final corrective measure is known, interim measures will be

conducted in a manner not inconsistent with that final measure.

DEQ Corrective Action Program Description Page 28
•

•

owner/operators to conduct a more detailed assessment of site conditions and potential

cleanup strategies. This assessment is referred to as a Corrective Measures Study or

"CMS". Determination that a CMS is necessary can occur at any point during the RFI. In

many cases, it will be appropriate for the RFI and CMS to overlap or occur simultaneously.

Given the wide range of facilities potentially subject to RCRA corrective action, EPA

utilizes considerable flexibility in defining the scope and analytic approach to developing

corrective measures studies. This requires that the process remain flexible, with the scope

of the RFI/CMS varying from site to site to avoid the collection of unnecessary information.

Although varied site-specific conditions require flexibility, in all cases, a CMS must provide

sufficient information for DEQ to select a clean up action (for additional information on

remedy selection criteria, see "remedy selection", below). Elements of a CMS may include

evaluations of the performance, reliability, ease of implementation, and impacts (including

safety, cross-media contaminant transfer, and control of exposures to residual

contamination) associated with any potential remedy, evaluations of the appropriateness

of specific remedial technologies to the contamination being addressed, and evaluation of

the ability of those technologies to achieve "target" cleanup. Analysis of a remedy's

performance and reliability should include an assessment of the effectiveness of a remedy

in controlling the source of a release and its long-term reliability. Where treatment is

planned, an assessment of treatment capacity will typically be required.

In addition, the CMS should consider proposed remedies in preference for remedies which

use permanent solutions to the maximum extent practicable and minimize the amount of

untreated hazardous constituents remaining at a site.

Cleanup Standards

DEQ has broad statutory authority to establish cleanup levels on a site by site basis.

DEQ intends to rely upon EPA risk assessment guidance documents (including those

listed on page 37) and toxicological data bases such a's IRIS to determine the appropriate

cleanup levels for a given facility.

The DEQ Environmental Cleanup Program is required to follow cleanup levels

established in the Revised Oregon Environmental Cleanup Law. This law establishes a

standard of 1 x 10-6 excess cancer risk to be achieved by remediation and/or institutional

controls and for non-carcinogenic hazardous constituents, the hazard quotient must not

exceed 1. These cleanup standards apply to all media (groundwater, surface water, soils

and air) and current and reasonable future land use is to be considered as a basis when

establishing acceptable cleanup levels. The revised Cleanup Law requires development

of a risk protocol for probabilistic risk assessment, DEQ may apply the new cleanup law

•

DEQ Corrective Action Program Description Page3!
and risk protocol to corrective action sites in the future; however this application is based C

upon current risk protocol described above

Points of Compliance

Points of compliance are the locations at which cleanup standards must be met. DEQ's

setting of cleanup standards will include specification of points of compliance. It is DEQ's

intent to establish points of compliance which are at least as stringent as those required by

EPA 'during implementation of Federal corrective action. At a minimum, points of

compliance shall be:

o For groundwater -- throughout the contaminated groundwater plume and at the

edge of the appropriate Solid Waste Management Unit as specified by DEQ;

o For air -- at the location of the most exposed individual and/or.other specified point

as specified by DEQ;

o For surface water -- at the point where the release enters the surface water and/or

at designated locations where hazardous constituents have accumulated in surface

water or sediments as specified by DEQ;

o For soils -- at any point where direct exposure to soils may occur, and/or at

locations determined to indicate groundwater protection as specified by DEQ. c

Proposal of Selected Remedy

At completion of the site investiqation ("RFI") and remedial alternatives study ("eMS"), the

owner/operator of a facility implementing corrective action will report all his/her findings to

DEQ, and may recommend a preferred remedial alternative and remedy implementation

plan to DEQ. DEQ may accept the preferred remedial alternative, require implementation

of an alternative remedial alternative, require additional assessment of remedial options, or

some combination of these activities. DEQ will then prepare and issue a draft cleanup

action plan which summarizes and explains DEQ's proposed remedial alternative, cleanup

levels, and points of compliance. After public notice and opportunities for public comment,

DEQ will issue a final cleanup action plan and also provide public notification of the

selected corrective measure. The final cleanup action plan will then be implemented by

the facility under a permit or in a few instances, through an order. DEQ may require a

facility owner/operator to submit a draft cleanup action plan.

The level of detail in the proposed cleanup action plan will be commensurate with the

complexity of the facility and the proposed cleanup action. All proposed cleanup action

plans must include:

DEQ Corrective Action Program Description Page 32'

c
• (1 ) A general description of the proposed cleanup action including proposed

compliance monitoring;

(2) A brief summary of site investigations and feasibility studies and a brief summary of

other cleanup actions evaluated;

(3) Site cleanup levels and points of compliance for each hazardous constituent and for

each media of concern;

(4) A schedule for implementation of the proposed cleanup action plan, including, if

known, the restoration time frame;

(5) Required institutional controls and site use restrictions, if any;

(6) Justification for selection of a cleanup action which relies on cleanup technologies

that have a lower preference than higher preference cleanup technologies;

(7) Applicable state and federal laws for the proposed cleanup action;

•

(8) When the cleanup action involves on-site containment, specification of the types,

levels, and amounts of hazardous wastes and constituents remaining on site and

the measures that will be utilized to prevent migration and contact with those

wastes and constituents.

All chosen remedial alternatives shall provide for protection of human health and the

environment, comply with the cleanup standards, comply with other applicable state and

federal laws, provide for compliance monitoring, use permanent solutions to the maximum

extent practicable, and provide for a reasonable restoration time frame.

Public Review and Comment on Proposed Remedy

In accordance with the public participation requirements discussed in the section on

"Public Participation" on page 27, DEQ will provide for public comment as follows:

Opportunities for public comment on remedial alternatives will be in accordance with a

DEQ prepared or overseen, site-specific public participation plan. At a minimum, public

participation on proposed remedies and draft Cleanup Action Plans will include:

•

DEQ Corrective Action Program Description

o Public Mailout. Notice shall be mailed to persons who reside within the potentially

affected vicinity of the proposed remedial alternative. The potentially affected

vicinity shall include all property adjoining the facility and any other areas DEQ

determines to be directly affected by the proposed corrective measure. In the case

of a final corrective measure which is incorporated by reference into a RCRA

permit, or is the subject of a permit modification, the public maHout will include all

Page 33
persons on the facility mailing list maintained by DEQ and the appropriate units of C

state and local government. The public shall be given a minimum of thirty (30) days

to provide comment on the proposed remedial alternative.

o Newspaper Notice. Notice of the proposed corrective measure shall be published

in the newspaper of the largest circulation in the city or county of the proposed

action by display ad, legal notice, or other appropriate format. Notice of the

proposed remedial alternative shall also be mailed to any other news media which

DEQ determines to be appropriate. The public shall be allowed a minimum of thirty

(30) days to provide comment on the proposed corrective measure.

o Public Hearing. If, during the public comment period, ten or more persons request

a public hearing on the proposed remedial alternative, DEQ shall hold a public

hearing for the purpose of receiving public comments. DEQ may, at its discretion or

at the request/recommendation of the owner/operator of the facility undergoing

corrective action, hold a public hearing for the purpose of receiving public

comments regardless of public request or intent.

The Department considers public input during the remedy selection process. Any

member of the public may question or oppose a department or commission action on any

aspect of the protection of the environment or public health during the public forum

portion of any Commission meeting. Formal public appeal of any permit decision

regarding corrective action may occur as follows: c

o Permit actions by the Department generally may not be appealed by a third party

unless the applicant appeals the permit and the Commission allows the third party

to become a party to the case.

o Permit actions by the Commission can be appealed by any person to a Circuit

Court in a county of proper venue.

J)oes. ...\-~ O--P~ SD \-e-~ to..uu.- ~.eA.-W\dtee.

Public review and comment activities will be tracked using the RCRA Information System.

Corrective action activities for the small number of sites referred to the Cleanup Program

will be tracked in the Cleanup Program's Environmental Cleanup Information System

("ECSI").

Remedy Approval and Implementation

Based on the findings of the RFI and CMS, the preferred remedial alternative and

justification provided by the facility owner/operator, comments received during the public

comment period, and other site-specific information, DEQ will specify cleanup levels and

points of compliance, choose a remedy to be implemented at the facility and finalize a

facility Corrective Action Plan. DEQ will publish the availability of the final Corrective

DEQ Corrective Action Program Description Page 34

c
•

•

Action Plan through the permitting or order public involvement processes previously

described.

Since implementation of remedies will often require an extended period of time, DEQ may

require facility owner/operators to submit periodic progress reports during remedy

implementation. DEQ will specify the frequency, content, and format of progress reports

when specifying final remedies. All raw data and information developed or submitted

during remedy implementation must be maintained at the facility as long as the facility

operates under a RCRA permit, or in the case of interim status facilities, until interim status

is terminated (through denial of a permit) by DEQ. DEQ will conduct periodic inspections

to monitor continued compliance with the approved Corrective Action Plan and to gauge

remedy performance. In the case of the disposal and treatment permits, the culmination of

the permit development process is a review and subsequent approval by the EQC. For

storage permits, a similar process of review and approval is carried out by the director.

Remedy proposals and decisions will be tracked using the RCRA Information System or in

the Cleanup Program's Environmental Cleanup Information System ("ECSI").

Restoration Time Frame

DEQ's strong preference is for rapid cleanup and/or restoration of contaminated media;

however, we recognize that many factors affect remedy timing. For example,

implementation of preferred remedial technologies (e.g., on-site treatment) may justify a

longer restoration time frame than reliance on less preferred remedial options (e.g. off-site

disposal).

DEQ will consider the following factors when establishing a restoration time frame:

(1) Potential risks posed by the site to human health and the environment;

(2) Practicability of achieving a shorter restoration time frame;

(3) Current use of the site, surrounding areas, and associated resources that are, or

may be affected by releases from the site;

(4) Potential future use of the site, surrounding areas, and associated resources that

are, or may be affected by releases from the site;

(5) Availability of alternative water supplies;

(6) Likely effectiveness and reliability of institutional controls;

(7) Ability to control and monitor migration of hazardous substances from the site; ,

Ie

DEQ Corrective Action Program Description Page 35
(8) Toxicity of the hazardous substances at the site; and c

(9)- Natural processes which reduce concentrations of hazardous substances and have

been documented to occur at the site or under similar site conditions.

Completion of Corrective Action Activities

III general, corrective action activities will be considered complete when the cleanup

standards have been met for all media throughout the site and all sources of hazardous

waste and hazardous constituents have been addressed as required by the operating or

- post-closure permit or corrective action order. RCRA facilities will remain under interim

status or under an operating or post-closure permit or order until all corrective action

activities are completed. In the case of RCRA facilities operating under interim status,

interim status will not be terminated until all closure and corrective activities are completed

or until the facility obtains a final RCRA operating or post-closure permit.

In the case of final remedies which incorporate institutional controls and/or periodic site

reviews corrective action activities will not be deemed completed until DEQ has

determined that the institutional controls and/or periodic site reviews are no longer

necessary.

Corrective Action at Permit-Track Facilities

Permit-track facilities are those hazardous waste .rnanaqernent facilities which are seeking

or required to have a final operating or post-closure hazardous waste management permit.

Final hazardous waste management permits must address all aspects of hazardous waste

management at a facility, including corrective action requirements for known releases and

corrective action provisions for releases which may occur during the permitted life of the

facility. All permit track facilities are subject to corrective action requirements.

In most cases, DEQ intends that corrective action activities for known releases at permit

track facilities will occur in advance of permitting. Corrective action requirements will be

imposed in agreed or unilateral enforcement orders. At the time of final permit issuance,

corrective action requirements and schedules of compliance for corrective action will be

incorporated into permits.

Changes to corrective action requirements during the operating life of a permitted facility

are subject to the Federal hazardous waste regulation's requirements for permit

modifications. These rules divide permit modifications into three classes. Class 1 permit

modifications are considered the least significant, for example, addition of a roof to a

container unit without alteration of the containment system is a class 1 permit modification.

Class 2 permit modifications are considered more significant, modification of a container

c

DEQ Corrective Action Program Description Page 36
•

14

unit without increasing the capacity of the unit is a class 2 permit modification. Class 3

permit modifications are considered the most significant, modification of a container unit

which result in greater than a 25% increase in a facilities container storage capacity is a

class 3 permit modification. All class 2 and 3 modifications are subject to DEQ approval

and must provide opportunity for public comment.

DEQ approval of a corrective action management unit (see discussion of corrective action

management unit in Section III) is considered a class 3 permit modification. DEQ approval

of a corrective action temporary unit (see discussion of corrective action temporary units in

Section III) or time extension for a temporary unit is considered a class 2 permit

modification.

If requirements for corrective action extend beyond the operating life of the permitted

facility, the facility permit will be extended to cover the time required to complete corrective

action.

Corrective Action at Closure-Track Facilities

All hazardous waste treatment, storage or disposal facilities which have or should have

interim status are subject to corrective action as necessary to protect public health and

the environment. Hazardous waste management facilities qualified for interim status

under the federal RCRA rules by meeting three tests:

o The facility must be in existence on the date a regulation causing it to become subject

to hazardous waste management standards becomes effective; and

o The facility owner/operator must file a timely notification of hazardous waste

management activities with EPA or DEQ as appropriate; and

o The facility owner/operator must file, in a timely manner, a Part A hazardous waste

management facility permit application with EPA or DEQ as appropriate.

Under OAR 340-105-010(2)(a), existing solid waste management facilities in Oregon that

receive from off-site solid waste which by virtue of federal or state statute or regulation

becomes hazardous waste and who treat or dispose of such waste must comply with the

siting standards at OAR 340 Division 120 and receive a final permit before managing the

waste. These facilities, therefore, cannot obtain interim status and cannot continue to

manage the newly-regulated hazardous waste until a permit is obtained. Provided the

facility ceases to treat or dispose of the newly-regulated hazardous waste, it would not be

required to obtain a hazardous waste treatment or disposal permit, nor would the facility

be subject to hazardous waste closure requirements or facility-wide corrective action.

Only those facilities that qualified for interim status prior to the effective date of OAR 340-

105-010(2)(a) would be subject to closure, post-closure and facility-wide corrective action.

DEQ Corrective Action Program Description Page 37
Facilities are not allowed to operate under interim status indefinitely. Congress has set

statutory deadlines by which all interim status facilities must either submit Part B of the

hazardous waste management facility operating or post-closure permit application or

comply with the requirements to clean close and conduct corrective action as necessary to

protect human health and the environment. These deadlines vary depending on when a

facility qualified for interim status.

The term "closure" refers to requirements placed on all hazardous waste management

units to ensure that, at the end of the units operable life, the unit is closed in a manner

which: (1) minimizes the need for further maintenance, and" (2) controls, minimizes or

eliminates to the extent necessary to protect human health and the environment, postclosure escape of hazardous waste, hazardous constituents, leachate, contaminated runoff, and hazardous waste decomposition products to the ground, surface water, ground

water or atmosphere. In some cases, hazardous waste management units can "clean

close" by removing or decontaminating all hazardous waste, waste residues, and

equipment, bases, liners, soils, or other materials containing or contaminated with

hazardous waste or waste residue, to the extent that the such removal or decontamination

assures that the levels of hazardous waste constituents or residues left at the unit do not

exceed levels which would pose a threat to human health or the environment. In other

cases, hazardous waste management units are not able to meet the stringent clean

closure requirements and must conform with stringent long term control and monitoring

standards as set forth in a post closure permit.

Facilities which hope to achieve clean closure rather than apply for a post-closure permit

are referred to as "closure-track" facilities. Facilities which seek or are required to have an

operating or post-closure permit are referred to as "permit-track" facilities (see corrective

action implementation at permit track facilities, above). Interim status facilities must

continue to meet all applicable interim status standards until they clean close and conduct

corrective action as necessary to protect human health and the environment, or receive a

final operating or post closure permit.

Corrective action at interim status facilities will, in all cases, be equivalent in scope,

stringency, and application to corrective action at permit-track facilities. Although the

regulatory requirements for corrective action are distinct from unit-specific closure

requirements, DEQ will attempt to integrate closure and corrective action where

practicable and appropriate. In some cases, corrective action remedies will include atonqterm monitoring component. If a facility owner/operator has clean closed all hazardous

waste management units and completed corrective action" except for a long term

monitoring component, the facility will continue to be regulated under interim status, but

will be. referred to as a closed (or non-operating) interim status facility, and will not be

subject to biennial interim status inspections, although periodic inspections to ensure the

continued success of the chosen remedy and to assess the Facility's compliance with the

c

Cf,

DEQ Corrective Action Program Description Page 38
• DEQ approved final Corrective Measure will be performed. Facilities who undergo "dirty" or

"landfill" closures will remain subject to post-closure requirements, including post-closure

permitting requirements, in addition to requirements for corrective action.

At a closure-track facility, when the facility owner/operator has completed DEQ approved

clean closures of all regulated units, and fulfilled all applicable corrective action

requirements, DEQ may terminate the Facility's interim status by issuing a letter of

termination and permit denial.

Corrective Action at Permit-by-Rule Facilities

Permit by rule facilities are those facilities which have received and are in compliance with

a permit (other than an interim status or final hazardous waste management facility permit)

which addresses the management of hazardous wastes. Such facilities are said to have

"permit-by-rule" because they are allowed to manage hazardous wastes in compliance

with their existing permit rather than apply for a separate hazardous waste management

facility permit. DEQ recognizes four types of permit-by rule facilities:

o Ocean disposal barges or vessels with a permit for ocean dumping issued under 40

CFR Part 220;

• o Underground injection wells with an underground injection control permit issued by

DEQ under a federally approved program for underground injection and in

compliance with federal standards for underground injection at 40 CFR § 144.14;

o Publicly owned treatment works ("POlW') with a National Pollutant Discharge

Elimination System ("NPDES") permit; and

o Totally enclosed treatment facilities or elementary neutralization or wastewater

treatment units with an NPDES permit or written discharge authorization from the

local sewerage authority.

Under the Federal corrective action system, only underground injection wells and POTWs

are explicitly subject to corrective action requirements due to their status under permit-byrule. Corrective action at permit-by-rule facilities will be equivalent in scope, stringency,

and application to corrective action at permit-track facilities.

Corrective Action at Facilities which Undergo Non-Corrective Action Cleanup

It is DEQ's intent that facilities undergo comprehensive site-wide cleanup only once. To

that end, DEQ may decide to defer corrective action activities at a facility implementing

environmental cleanup under a different authority (e.g. federal-or state Superfund) until

• DEQ Corrective Action Program Description Page 39
that cleanup is finished. Deferral of corrective action activities will not constitute a waiver

from applicable corrective action requirements.

DEQ HWTUR Program staff will coordinate with individuals overseeing the non-corrective

action cleanup to include as many corrective action requirements as are appropriate in the

non-corrective action cleanup. When the non-corrective action cleanup is completed, DEQ

HWTUR Program staff will assess the cleanup and determine if further corrective action is

warranted. In some cases, the non-corrective action cleanup may not address all units

which would be included under corrective action", In these circumstances, DEQ may

address cleanup of those remaining units under corrective action authorities. In other

cases, the non-corrective action cleanup may fulfill all known corrective action

requirements such that DEQ can determine that no further corrective action is necessary

at that time. Even in the event that DEQ makes the determination that no further

corrective action is necessary, newly discovered units or releases remain subject to

corrective action requirements and/or other applicable cleanup requirements.

Facilities which undergo a non-corrective action cleanup before or during the life of a

RCRA operating or post closure permit may be required to conduct corrective action for

release and/or units which were not known (or had not occurred) at the time of the noncorrective action cleanup,

VII. COMPLIANCE MONITORING AND ENFORCEMENT· 40 CFR § 271.6(e)

In this section, DEQ discusses the anticipated impacts implementation of a corrective

action program will have on existing state priorities and state procedures for compliance

monitoring and enforcement of corrective action requirements.

Since all hazardous waste management facilities seeking or required to have a RCRA

permit are currently subject to corrective action, and corrective action requirements are

being actively implemented by DEQ at all but four facilities, DEQ does not anticipate a

drastic change in corrective action workload after State authorization. DEQ estimates that

only a small number of additional facilities may become subject to corrective action.

Transition of the corrective action program from federal administration to State

administration will be governed by the State/EPA MOA. EPA may continue to administer

actions which fall under federal omnibus authorities and/or which are a part of the federal

oversight and overfile authorities. All 3008(h) orders issued by EPA prior to DEQ's

corrective action authorization will continue to be enforced by EPA until such time as the

State issues a State order or permit and the EPA order is rescinded.

I

o

Facilities which are subject to corrective action that have not begun implementation of

corrective action requirements under federal enforcement or omnibus authority or federally

DEQ Corrective Action Program Description Page 40

o
•

•

issued permit, will be addressed by DEQ according to the priority setting and ranking

system discussed in "Corrective action priority setting and ranking method" in Section VI.

Current Level of Compliance Monitoring and Enforcement Effort

In fiscal year 1993/94, DEQ regional staff conducted 31 inspections of hazardous waste

large quantity generators, 45 inspections of small quantity generators, and 12 inspections

of management facilities. Regional staff conducted and corrective actions staff are

overseeing a total of 23 hazardous waste management unit closures, and corrective

actions statewide.

DEQ believes that current staff levels provide the resources necessary to make adequate

and significant progress on corrective action implementation and allow for reasonable

transition of corrective action sites from federal to state oversight. Corrective action

workload assignments will be prepared in accordance with state corrective action priorities

determined as discussed in "Corrective action priority setting and ranking" in Section VI.

DEQ has initiated quarterly meetings with all program and regional staff in attendance and.

these meetings will provide a forum for discussion of issues related to corrective action at

the technical staff level.

Corrective action implementation, including corrective action compliance monitoring and

enforcement, will occur in DEQ's three regions and will be absorbed by existing staff.

Currently, Regional staff are responsible for closure, Subpart F corrective action, and

permitting.

DEQ is committed to making significant progress on the state-wide corrective action

workload at a reasonable rate. As part of workload planning activities for Fiscal Year

1996, regional HWTUR Managers will be asked to continue high priority corrective action

in their regions and to factor work at those facilities into the planning process.

Compliance Monitoring Tasks

Whenever possible, DEQ will integrate compliance monitoring activities for corrective

action with other compliance monitoring activities. DEQ has planned the following five

compliance monitoring tasks for corrective action implementation:

(1) Corrective action compliance monitoring inspections

Corrective action compliance monitoring inspections will include the bulk of

corrective action compliance monitoring activities. Corrective action oversight

inspections will be used for the purpose of overseeing facility owner/operator's

corrective action site activity as required in the corrective action order or permits

DEQ Corrective Action Program Description Page 41
and to confirm that the owner/operator is progressing with corrective action C.,

investigations, studies or implementation consistent with progress being reported.

If corrective action progress is significantly behind schedule and/or corrective action

implementation is being conducted in a manner inconsistent with the corrective

action order or permits, a violation may be cited. Corrective action compliance

monitoring inspections may include duplicate sampling.

(2) Comprehensive groundwater monitoring evaluations

A comprehensive groundwater monitoring evaluation is a detailed assessment of

the adequacy of the design and operation of a facility's groundwater monitoring

system. Comprehensive groundwater monitoring evaluations will be conducted by

DEQ hydrogeologists or contractors and includes review of the owner/operator's

characterization of the hydrogeology beneath hazardous and solid waste

management units, monitoring well placement/depth/spacing, and well design and

construction. Comprehensive groundwater monitoring evaluations will also include

a review of the operation of the groundwater monitoring system through an

evaluation of the owner/operator's sampling and analysis plan, and its

implementation. Comprehensive groundwater monitoring evaluations may be timed

to coincide with owner/operator sampling events to permit the field evaluation of

sampling techniques and/or split sampling. Currently, comprehensive groundwater

monitoring inspections are generally associated with subpart F corrective action,

however, when appropriate DEQ intends to include assessment of facility-wide

groundwater monitoring issues with planned subpart F inspections.

(3) Operation and maintenance inspections

Operation and maintenance inspections will be conducted by DEQ hydrogeologists

or contractors to assess how well a groundwater monitoring system is functioning.

Operation and maintenance inspections will focus on the conditions of the wells and

sampling devices.

(4) Compliance schedule inspections

A compliance schedule inspection is an on-site inspection or other re-evaluation

conducted to verify compliance with enforcement actions, to verify compliance with

a corrective action schedule, or to review deficiencies noted in a previous

inspection.

DEQ's policy-on hazardous waste inspections requires that:

o·

DEQ Corrective Action Program Description

(1) Hazardous waste inspections will be conducted to ensure compliance with the

hazardous waste rules, policies, permits and/or orders;

Page 42
• (2) Hazardous waste inspections will be conducted by regional office staff;

(3) During inspections, primary emphasis will be on protecting the health and safety of

inspectors; and

(4) Inspections will be conducted pursuant to the hazardous waste field activities

handbook, which provides detailed guidance on pre-inspection activities, types of

inspections, on-site procedures, inspection report content and format, enforcement

action format, and inspection report filing and turnaround time.

In addition to corrective action field work and inspections, DEQ anticipates that

administration of the corrective action pipeline will constitute an additional resource

consideration. Administration tasks may include:

(1) RFAs and RFA review and oversight;

(2) Ranking facilities for the purposes of corrective action;

(3) Negotiating corrective action orders; I. (4) Preparing administrative and technical documentation for corrective action

decisions;

(5) Assessment of interim measures;

(6) Review, modification and approval of corrective action plans (e.g., RFI workplans);

and

(7) Establishment of final cleanup standards and points of compliance in the context of

choosing a final site remedy.

(8) Preparing draft and final permit conditions.

Enforcement

In enforcement cases, HWTUR Program staff will consider the full range of enforcement

options available and choose the type(s) of action which will achieve, in a fair manner, full

compliance with hazardous waste laws and regulations. OAR Chapter 340, Division 12

"Enforcement Procedure and Civil Penalties" and DEQ's "Enforcement Guidance for Field

Staff'" specify the appropriate enforcement action for any given type of violation. DEQ's

enforcement actions are divided into formal, informal, and criminal responses.

•

DEQ Corrective Action Program Description Page 43
Informal enforcement tools are generally appropriate to address minor violations, and C

consist of Notices of Noncompliance with compliance schedules. .-/

Formal enforcement actions are frequently used when informal enforcement does not gain

compliance. Formal enforcement action is appropriate to address all significant violations

and required in cases of significant non-compliers and when DEQ staff determine that the

violation in question poses an actual or imminent serious threat to human health or the

environment. Formal enforcement may include:

o Administrative orders.

Administrative orders direct a specific course of action within a specified time to

achieve compliance. Administrative orders are unilateral actions, issued by DEQ

pursuant to statutory authorities.

o Mutual Agreement and Order ("MAO")

MAO's are negotiated agreements between DEQ and a regulated respondent, in

the case of corrective action, the respondent will be a hazardous waste

management facility owner/operator. MAO's may be negotiated in lieu of an

administrative order, or as resolution of an administrative order or civil penalty.

MAO's direct a specified action or actions which must be taken by the respondent

within a specified schedule. MAO's may contain provisions for administrative

dispute resolution, enforcement, and/or stipulated penalties.

o Injunctive Relief.

DEQ may seek injunctive relief in cases of significant violations and/or severe

environmental or human health risk. Injunctive relief is sought in civil court; and will

generally be initiated only after the violator has been notified of the violation and

consequences of non-compliance and has refused to take appropriate action.

o Criminal Prosecution.

o

Generally, DEQ will seek criminal sanctions only when violations are continued or

repeated despite formal agency notification of the violation and its possible

consequences. In cases of blatant disregard for human health or the environment,

DEQ may seek immediate criminal sanctions. Criminal prosecution requires a

higher standard of proof than civil/administrative proceedings. In order to prevail in

a criminal case, DEQ may need to, prove the regulated entity intended to violate

state law. Criminal. prosecution at DEQ is the responsibility of DEQ's criminal

investigators who work closely with criminal investigators at EPA Region 10 and

other law enforcement agencies.

DEQ Corrective Action Program Description Page 44
• o Penalties

DEQ may assess civil penalties of up to $10,000 per violation per day for failure to

comply with any hazardous waste requirement, including regulations for corrective

action.

•

It is DEQ's intent to make enforcement response decisions and to issue enforcement

response in a timely manner. Whenever practical, administrative and civil enforcement

action should be issued no more than 45 days after completion of the investigation.

Violations which cause serious actual or imminent threats to human health or the

environment should be acted upon immediately.

Classification of Violations

DEQ classifies hazardous waste violations as Class I or Class II. Class I violations are

those which result or could result in an imminent threat to human health and/or the

environment. Class II violations are all violations that are determined not to be Class I

Violations. Violation classifications are found in DEQ's OAR Chapter 340, Division 12

"Enforcement Procedures and Civil Penalties" (Attachment I).

Violations and their classifications will be tracked by Hazardous Waste and Toxics

Reduction Program staff in the RCRA Information System ("RCRIS"), as discussed in

Section VIII.

VIII. DATA MANAGEMENT AND TRACKING

Oregon uses the RCRA Information System ("RCRIS") to track the regulatory status of all

hazardous waste management facilities in Oregon. DEQ will track all corrective action

activities undertaken by the Hazardous Waste Program in RCRIS, as outlined in the

State/EPA RCRIS Memorandum of Understanding (MOU) and negotiated in the

State/EPA agreement. For those few sites referred to the, Cleanup Program, DEQ will

track the site information and initial ranking, but the remainder of the cleanup activities will

be tracked in the Cleanup Programs Environmental Cleanup Site Information ("ECSI")

data base.

It is the responsibility of staff in the DEQ regional offices to gather the site specific

information necessary for adequate tracking in RCRIS, including site-specific information

necessary for tracking of corrective action activities. Training on RCRIS tracking

requirements has been made available to 'staff with RCRIS or corrective action

responsibilities.

DEQ Corrective Action Program Description Page 45
The HWTUR Program will be responsible for all RCRIS implementation. Site specific Ct

RCRIS information is entered into the database by trained data entry staff in DEQ -'

Headquarters. RCRIS coordinators at headquarters maintain the RCRIS database and

the computer equipment necessary to operate RCRIS and coordinate RCRIS

implementation with EPA Region 10. State data entered into the RCRIS system is

available to EPA Region 10 through a periodic "merges" of data in the state and Region 10

RCRIS systems. See Attachment H to the program description for DEQ's RCRIS coding

and data capture procedures.

o

DEQ Corrective Action Program Description Page 46