| (a) The person shall submit a proposal as an application for
a class 3 modification to a hazardous waste permit, or during preparation
of a commission corrective action order, in a form and content acceptable
to the executive director, that identifies the proposed modifications and
provides the following information.
(1) A description of the lateral and vertical boundaries of
the proposed FOA. Facility operations area boundaries can coincide with the
facility property boundary only where industrial development extends to the
property line.
(A) The lateral boundary shall be depicted on a to-scale map,
supported by a metes and bounds description and aerial photographs, land use
maps or other appropriate documentation. The exact lateral limits of a FOA
are determined on a facility-by-facility basis subject to specific approval
by the executive director.
(B) The vertical boundary shall be depicted on to-scale cross-sections
which indicate the subsurface conditions. The exact vertical limits of a FOA
are determined on a facility-by-facility basis subject to specific approval
by the executive director in consideration of the extent and concentrations
of COCs in the groundwater-bearing units, hydrogeology, surrounding use of
groundwater from those units, and availability of superior water supplies.
(2) The results of an investigation that sufficiently
characterizes the proposed FOA with regard to surface and subsurface conditions,
groundwater quality and horizontal and vertical groundwater flow pathways.
Migration of COCs toward and beyond the FOA boundary must be capable of being
reliably predicted and controlled.
(3) The locations of any attenuation monitoring points
and points of exposure in relation to the FOA boundary. There are no required
points of exposure for groundwater ingestion within the FOA boundary unless
water wells with potential for use are located within the FOA.
(4) A description of all action levels developed for the
worker health and safety program such that personal protection equipment (e.g.,
gloves, respirators, impervious clothing, etc.) will not be necessary to prevent
contact with COCs in environmental media during performance of normal job
duties, and all facility access restrictions to control exposure to environmental
media containing COCs in excess of protective levels.
(5) Procedures that shall be used for performing response
actions for soil that will achieve protection of human health when COCs in
excess of levels acceptable under the worker health and safety program are
encountered in response to construction activity, excavation, etc.
(6) An identification of areas of ecological impact identified
within the proposed FOA and procedures for responding to these identified
ecologically impacted areas which are in accordance with §350.77 of this
title (relating to Ecological Risk Assessment and Development of Ecological
Protective Concentration Levels).
(7) Procedures for tracking and responding to releases
which occur within the FOA after the effective date of the FOA in a manner
that will identify and abate the source of the release, (e.g., leaking tank
or piping), and restore the impacted environmental media to pre-release conditions.
(8) Procedures, contingency plans, and prioritization
plan with time frames for phased corrective action that shall be used for
addressing COCs in groundwater and monitoring hydrogeologic conditions, to
include a monitoring program at the FOA boundary and intermediate points within
or beyond the FOA as necessary (e.g., attenuation monitoring points), as
well as to comply with monitoring programs in response to permit provisions
or hazardous waste regulations and to evaluate changes in hydrogeologic conditions
and COC migration over time.
(9) Procedures to reduce known NAPLs and NAPLs identified
during the operational life of the FOA that:
(A) are generally mobile or readily recoverable; and/or
(B) would present a significant risk to human health and the
environment should exposure occur at the applicable POE.
(10) A cost estimate in current dollars supported
with detailed calculations for hiring a third party to perform the actions
specified in subparagraphs (A) and (B) of this paragraph. A third party is
a party who is neither a parent nor a subsidiary of the person. The cost estimate
may not incorporate any salvage value that may be realized with the sale of
hazardous wastes, or non-hazardous wastes, facility structures or equipment,
land, or other assets associated with the facility at the time the FOA is
authorized.
(A) Construct physical controls, operate and monitor the response
action at the FOA in accordance with this subchapter for a 30 year time period,
and
(B) Carry out the final response action that will achieve compliance
with this chapter upon termination of the FOA. Until the person receives approval
of the detailed final response action plan, the person shall sum the cost
estimates to attain Remedy Standard A or B at individual SWMUs identified
in the permit or corrective action order for purposes of estimating this financial
assurance amount.
(11) A draft document that the person proposes to
use to inform others of the deferred or on-going response actions and institutional
controls within the FOA. The document shall comply with the requirements of §350.111
of this title (relating to Use of Institutional Controls). The boundaries
of the FOA shall be considered the affected property for purposes of complying
with §350.111 of this title. The person shall provide proof of compliance
with §350.111 of this title to the executive director within 90 days
of authorization of the FOA.
(12) A schedule of implementation for items not completed
at the time of FOA authorization by hazardous waste permit modification or
commission corrective action order.
(13) Sufficient evidence to show compliance with the qualifying
criteria identified in this subchapter.
(b) The facility must obtain final authorization for the FOA
as part of a hazardous waste permit modification or commission corrective
action order. Revisions to existing hazardous waste permits shall be processed
as class 3 modifications. As part of the final authorization process, the
person shall provide notice to the public under Chapter 39 of this title (relating
to Public Notice), as amended, and Chapter 305 of this title (relating to
Consolidated Permits), as amended, for permitted facilities. In the case of
a facility obtaining a commission corrective action order, the person shall
perform public notice in the same manner as for a permitted facility.
(c) Within 60 days after the effective date of the hazardous
waste permit or commission corrective action order authorizing the FOA, the
person shall provide proof of financial assurance to the executive director
in accordance with Chapter 37 of this title (relating to Financial Assurance)
for the amount required by the hazardous waste permit or commission corrective
action order authorizing the FOA, except that a pay-in trust is not an eligible
financial assurance mechanism. The amount of financial assurance shall be
recalculated annually to account for inflation. The amount is also subject
to review at time of hazardous waste permit or commission corrective action
order renewal. The financial assurance amount may be revised by means of hazardous
waste permit modification or commission corrective action order amendment,
upon a showing by the person of changed conditions at the FOA that either
increase or decrease the amount.
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