Cal. Code Regs. Tit. 22, § 66270.14 - Contents of Part B: General Requirements
(a) Part B of the permit application consists
if the general information requirements of this section, and the specific
information requirements in sections
66270.14 through
66270.23 applicable to the
facility. The Part B information requirements presented in sections
66270.14 through
66270.23 reflect the standards
promulgated in chapter 14 of this division. These information requirements are
necessary in order for the Department to determine compliance with the chapter
14 standards. If owners and operators of hazardous waste management facilities
can demonstrate that the information prescribed in Part B cannot be provided to
the extent required, the Department may make allowance for submission of such
information on a case-by-case basis. Information required in Part B shall be
submitted to the Department and signed in accordance with requirements in
section 66270.11. Certain technical data,
such as design drawings and specifications, and engineering studies shall be
certified by an independent, qualified professional engineer registered in
California. Geologic plans, specifications, reports or documents shall be
prepared by or under the direction of, and shall be certified by, a geologist
registered in California. Calculations and technical data supporting the
certification need not be submitted with Part B but shall be retained by the
owner or operator and be available for review by the Department . For
postclosure permits, only the information specified in section
66270.28 is required in Part B of
the permit application.
(b) General
information requirements. The following information is required for all
hazardous waste management facilities, except as section
66264.1 provides otherwise:
(1) a general description of the
facility;
(2) chemical and physical
analyses of the hazardous waste and hazardous debris to be handled at the
facility. At a minimum, these analyses shall contain all the information which
must be known to transfer , treat, store or dispose of the wastes properly in
accordance with chapter 14 of this division;
(3) a copy of the waste analysis plan
required by section
66264.13(b) and,
if applicable section
66264.13(c);
(4) a description of the security procedures
and equipment required by section
66264.14, or a justification
demonstrating the reasons for requesting a waiver of this
requirement;
(5) a copy of the
general inspection schedule required by section
66264.15(b).
Include where applicable, as part of the inspection schedule, specific
requirements in sections
66264.174,
66264.193(i),
66264.195,
66264.226,
66264.254,
66264.273,
66264.303,
66264.602,
66264.1033,
66264.1052,
66264.1053,
66264.1058,
66264.1084,
66264.1085,
66264.1086, and
66264.1088;
(6) a justification of any request for a
waiver(s) of the preparedness and prevention requirements of chapter 14,
article 3 of this division;
(7) a
copy of the contingency plan required by chapter 14, article 4 of this
division. NOTE: Include, where applicable, as part of the contingency plan ,
specific requirements in section 6264.227;
(8) a description of procedures, structures
or equipment used at the facility to:
(A)
prevent hazards in unloading operations (for example, ramps, special
forklifts);
(B) prevent runoff from
hazardous waste handling areas to other areas of the facility or environment,
or to prevent flooding (for example, berms, dikes, trenches);
(C) prevent contamination of water
supplies;
(D) mitigate effects of
equipment failure and power outages; and
(E) prevent undue exposure of personnel to
hazardous waste (for example, protective clothing); and
(F) Prevent releases to the
atmosphere.
(9) a
description of precautions to prevent accidental ignition or reaction of
ignitable , reactive or incompatible wastes as required to demonstrate
compliance with section
66264.17 including documentation
demonstrating compliance with section
66264.17(c);
(10) traffic pattern, estimated volume
(number, types of vehicles) and control (for example, show turns across traffic
lanes, and stacking lanes (if appropriate); describe access road surfacing and
load bearing capacity; show traffic control signals);
(11) facility location information:
(A) the owner or operator of a new facility
or a facility undergoing substantial modification (a Class 3 modification
specified in section
66270.42(c)
involving physical changes to the facility) shall demonstrate compliance with
the seismic standard. This demonstration may be made using either published
geologic data or data obtained from field investigations carried out by the
applicant . The information provided shall be of such quality to be acceptable
to geologists experienced in identifying and evaluating seismic activity . The
information submitted shall show that either:
1. no faults which have had displacement in
Holocene time are present, or no lineations which suggest the presence of a
fault (which have displacement in Holocene time) within 3,000 feet of a
facility are present, based on data from:
a.
published geologic studies,
b.
aerial reconnaissance of the area within a five-mile radius from the
facility;
c. an analysis of aerial
photographs covering a 3,000 foot radius of the facility, and
d. if needed to clarify the above data, a
reconnaissance based on walking portions of the area within 3,000 feet of the
facility, or
2. if faults
(to include lineations) which have had displacement in Holocene time are
present within 3,000 feet of a facility, no faults pass within 200 feet of the
portions of the facility where treatment , storage or disposal of hazardous
waste will be conducted, based on data from a comprehensive geologic analysis
of the site . Unless a site analysis is otherwise conclusive concerning the
absence of faults within 200 feet of such portions of the facility data shall
be obtained from a subsurface exploration (trenching) of the area within a
distance no less than 200 feet from portions of the facility where transfer ,
treatment , storage or disposal of hazardous waste will be conducted. Such
trenching shall be performed in a direction that is perpendicular to known
faults (which have had displacement in Holocene time) passing within 3,000 feet
of the portions of the facility where transfer , treatment , storage or disposal
of hazardous waste will be conducted. Such investigation shall document with
supporting maps and other analyses, the location of faults
found;
(B) owners and
operators of all facilities shall provide an identification of whether the
facility is located within a 100 year floodplain. This identification shall
indicate the source of data for such determination and include a copy of the
relevant Federal Insurance Administration (FIA) flood map, if used, or the
calculations and maps used where an FIA map is not available. Information shall
also be provided identifying the 100-year flood level and any other special
flooding factors (e.g., wave action) which must be considered in designing,
constructing, operating or maintaining the facility to withstand washout from a
100-year flood;
(C) where maps for
the National Flood Insurance Program produced by the Federal Insurance
Administration (FIA) of the Federal Emergency Management Agency are available,
they will normally be determinative of whether a facility is located within or
outside of the 100-year floodplain. However, where the FIA map excludes an area
(usually areas of the floodplain less than 200 feet in width), these areas
shall be considered and a determination made as to whether they are in the
100-year floodplain. Where FIA maps are not available for a proposed facility
location, the owner or operator shall use equivalent mapping techniques to
determine whether the facility is within the 100-year floodplain, and if so
located, what the 100-year flood elevation would be;
(D) owners and operators of facilities
located in the 100-year floodplain shall provide the following information:
1. engineering analysis to indicate the
various hydrodynamic and hydrostatic forces expected to result at the site as
consequence of a 100-year flood;
2.
structural or other engineering studies showing the design of operational units
(e.g., tanks, incinerators) and flood protection devices (e.g., floodwalls,
dikes) at the facility and how these will prevent washout;
3. if applicable, and in lieu of subsections
(b)(11)(D) l. and 2. of this section, a detailed description of procedures to
be followed to remove hazardous waste to safety before the facility is flooded,
including:
a. timing of such movement
relative to flood levels, including estimated time to move the waste , to show
that such movement can be completed before floodwaters reach the
facility;
b. a description of the
location(s) to which the waste will be moved and demonstration that those
facilities will be eligible to receive hazardous waste in accordance with the
regulations under chapters 14, 15, 16, 20 and 21 of this division;
c. the planned procedures, equipment and
personnel to be used and the means to ensure that such resources will be
available in time for use;
d. the
potential for accidental discharges of the waste during
movement ;
(E)
existing facilities NOT in compliance with section
66264.18(b) shall
provide a plan showing how the facility will be brought into compliance and a
schedule for compliance;
(F) the
owners and operators of surface impoundments, waste piles, land treatment
facilities and landfills shall provide information regarding the depth to the
saturated zone or groundwater table, including seasonal high levels for
groundwater , known aquifers beneath the site and any aquifers having hydraulic
continuity;
(12) an
outline of both the introductory and continuing training programs by owners or
operators to prepare persons to operate or maintain the hazardous waste
management facility in a safe manner as required to demonstrate compliance with
section 66264.16. A brief description of
how training will be designed to meet actual job tasks in accordance with
requirements in section
66264.16(a)(3);
(13) a copy of the closure plan and, where
applicable, the postclosure plan required by sections
66264.112,
66264.118 and
66264.197. Include, where
applicable, as part of the plans, specific requirements in sections
66264.178,
66264.197,
66264.228,
66264.258,
66264.280,
66264.310,
66264.351,
66264.601 and
66264.603;
(14) for hazardous waste disposal units that
have been closed, documentation that notices required under section
66264.119 have been
filed;
(15) the most recent closure
cost estimate for the facility prepared in accordance with section
66264.142 and a copy of the
documentation required to demonstrate financial assurance under section
66264.143. For a new facility , a
copy of the required documentation may be submitted 60 days prior to the
initial receipt of hazardous wastes, if that is later than the submission of
the Part B ;
(16) where applicable,
the most recent post closure cost estimate for the facility prepared in
accordance with section
66264.144 plus a copy of the
documentation required to demonstrate financial assurance under section
66264.145. For a new facility , a
copy of the required documentation may be submitted 60 days prior to the
initial receipt of hazardous wastes, if that is later than the submission of
the Part B ;
(17) where applicable,
a copy of the insurance policy or other documentation which comprises
compliance with the requirements of section
66264.147. For a new facility ,
documentation showing the amount of insurance meeting the specification of
section 66264.147(a) and,
if applicable, section
66264.147(b),
that the owner or operator plans to have in effect before initial receipt of
hazardous waste for transfer , treatment , storage or disposal. A request for a
variance in the amount of required coverage, for a new or existing facility ,
may be submitted as specified in section
66264.147(c);
(18) a topographic map showing a distance of
2000 feet around the facility at a scale of 2.5 centimeters (1 inch) equal to
not more than 61.0 meters (200 feet). Contours shall be shown on the map. The
contour interval shall be sufficient to clearly show the pattern of surface
water flow in the vicinity of and from each operational unit of the facility.
For example, contours with an interval of 1.5 meters (5 feet), if relief is
greater than 6.1 meters (20 feet), or an interval of 0.6 meters (2 feet), if
relief is less than 6.1 meters (20 feet). Owners and operators of hazardous
waste management facilities located in mountainous areas should use larger
contour intervals to adequately show topographic profiles of facilities. The
map shall clearly show the following:
(A) map
scale and date;
(B) 100-year
floodplain area;
(C) surface waters
including intermittent streams;
(D)
surrounding land uses (residential, commercial, agricultural,
recreational);
(E) a wind rose
(i.e., prevailing wind-speed and direction);
(F) orientation of the map (north
arrow);
(G) legal boundaries of the
hazardous waste management facility site ;
(H) access control (fences, gates);
(I) injection and withdrawal wells both
onsite and offsite ;
(J) buildings;
transfer , treatment , storage or disposal operations; or other structure
(recreation areas, run-off control systems, access and internal roads, storm,
sanitary and process sewerage systems, loading and unloading areas, fire
control facilities, etc.);
(K)
barriers for drainage or flood control;
(L) location of operational units within the
hazardous waste management facility site , where hazardous waste is (or will be)
transferred, treated, stored or disposed (include equipment cleanup
areas);
(19) any
additional information related to the proposed activity or facility which is
requested by the Department ;
(20)
for land disposal facilities, if a case-by-case extension for RCRA wastes has
been approved by USEPA under 40 CFR Section 268.5 and by the
Department under section
66268.5 or a petition has been
approved under section
66268.6, copies of the notices of
approval for the extension or petition are required. If a variance for non RCRA
wastes has been granted by the Department under Health and Safety Code section
25143
and section
66260.210 of this division, a copy
of the letter granting the variance is required;
(21) For facilities applying for RCRA
permits, a summary of the pre-application meeting, along with a list of
attendees and their addresses, and copies of any written comments or materials
submitted at the meeting, as required under section
66271.31(c).
(22) When applicable, the most recent
corrective action cost estimate for the facility prepared in accordance
sections 66264.100,
66264.101 and
66264.708, and a copy of the
documentation required to demonstrate financial assurance for monitoring and
completing such corrective action. For a new facility , a copy of the required
documentation may be submitted sixty (60) days prior to the initial receipt of
hazardous waste , if that is later than the submission of the Part B .
(23) Community Involvement Profile.
A community involvement profile (Profile) needs to include
only reasonably available information for the surrounding community. The
surrounding community for purposes of the Profile must include the
(A) Project Description.
The applicant shall provide a description of the proposed hazardous waste
facility that includes all of the following:
1. the activities to be conducted by the
owner or operator that require a hazardous waste facility permit as specified
in subsections
66270.13(a) and
66270.13(i);
2. the hazardous waste facility site address,
or, if a street address is not available, an equivalent description of the
facility's location;
3. the county
assessor's parcel number(s) or a description of the legal boundaries of the
facility site as provided in subsection
66270.14(b)(18)(G);
and
4. the surrounding land uses
and zoning designations within 2,000 feet of the facility's boundaries as
specified in subsection
66270.14(b)(18)(D).
(B) Surrounding Community Demographics. The
applicant shall provide a preliminary identification and summary of the
following relevant demographic characteristics as defined by the United States
Census Bureau regarding the surrounding community for the most current year.
These factors must include the following identified for each census tract:
1. age structure ;
2. educational attainment;
3. household income;
4. languages spoken in the home;
5. linguistic isolation or ability to speak
English;
6. population size, and
population projections, if available;
7. race and ethnicity data; and
8. unemployment rate.
(C) Surrounding Community Issues. The
applicant shall identify known health or environmental concerns relevant to the
facility's operation, hazardous waste activities, or facility modifications
that have been asserted by the public or government agencies since the last
hazardous waste facility permit issuance date.
(D) Surrounding Community Interest. The
applicant shall summarize or describe any known public activities regarding the
hazardous waste facility within the last five (5) years. This may include any
public meetings or hearings.
(E)
Sensitive Receptors. The applicant shall identify sensitive receptors in the
surrounding community. These include all schools, child care facilities,
hospitals, elderly housing, elder care facilities, or convalescent
facilities.
(F) Location of Tribal
Lands. The applicant shall identify tribal lands in the surrounding community
that are owned either by an individual Indian or a tribe, the title to which is
held in trust by the federal government or a Native American tribe located in
California that is on the contact list maintained by the Native American
Heritage Commission for the purposes of Chapter 905 of the Statutes of
2004.
(G) Potential Offsite
Sources. The applicant shall identify and provide the locations of any
potential offsite handlers of hazardous materials or hazardous waste within the
surrounding community. These offsite sources must include the identification of
the following:
1. other hazardous waste
facilities;
2. large quantity
generators of hazardous waste ;
3.
sites identified by the Department pursuant to Health and Safety Code section
65962.5 (Cortese List);
4. entities
or industrial facilities required to report under the Toxics Release Inventory
Program pursuant to Emergency Planning and Community Right-to-Know Act, section
313 (42 U.S.C. §
11023 and 40 CFR Part 372);
5. entities or industrial facilities handling
or storing any hazardous materials that are required to report under section
312 of the Emergency Planning and Community Right-to-Know Act (42 U.S.C. §
11022 and 40 CFR Part 355); and
6. transportation corridors in relation to
the facility, including freeways, major state vehicle routes, seaports,
airports, and railyards.
(c) Additional information requirements. The
information specified in this subsection shall be submitted for each regulated
unit at a hazardous waste management facility. An owner or operator of a
regulated unit that did not receive hazardous waste after February 2, 1985
shall submit this additional information only as it pertains to the water
quality protection requirements of article 6 of chapter 14 of this division:
(1) a summary of the environmental monitoring
data obtained during the interim status period under sections
66265.90 through
66265.99 and sections
66265.710 through
66265.714, where
applicable;
(2) identification of
the uppermost aquifer and aquifers hydraulically interconnected beneath the
facility property, including groundwater flow direction and rate, which at a
minimum shall be determined at the times of expected highest and lowest annual
elevations of the groundwater surface, and the basis for such identification
(i.e., the information obtained from hydrogeologic investigations of the
facility area);
(3) on the
topographic map required under subsection (b)(18) of this section, a
delineation of the waste management area, the property boundary, the proposed
"point of compliance " as defined under section
66264.95, the proposed location of
monitoring points as required under sections
66264.95 and
66264.705, and, to the extent
possible, the information required in subsection (c)(2) of this
section;
(4) a description of any
plume of contamination or pollution that has migrated from a regulated unit at
the time that the application was submitted that:
(A) delineates the extent of the plume on the
topographic map required under subsection (b)(18) of this section;
(B) identifies the concentration of each
constituent of concern throughout the plume or identified the maximum
concentrations of each such constituent in the plume;
(5) detailed plans and an engineering report
describing the proposed environmental monitoring programs to be implemented to
meet the requirements of articles 6 and 17 of chapter 14 of this division. This
submission shall be prepared and certified by a geologist registered in
California or a civil engineer registered in California;
(6) if a detection monitoring program is
required under section
66264.91 and/or section
66264.701 at the time of permit
application, the owner or operator shall submit sufficient information,
supporting data, and analyses to establish a detection monitoring program which
meets the requirements of section
66264.98 and/or section
66264.706. This submission shall
address the following items specified under section
66264.98 and
66264.706:
(A) a proposed list of constituents of
concern for groundwater , surface water, air, soil -pore gas and soil-pore
liquid , a proposed list of hazardous constituents for air, soil and soil -pore
gas and a proposed list of monitoring parameters for each medium that can
provide a reliable indication of a release from a regulated unit ;
(B) proposed groundwater , soil-pore liquid
and surface water monitoring systems required under section
66264.98 and any air or soil -pore
gas monitoring systems required under article 17 of chapter 14;
(C) background values for each proposed
monitoring parameter , hazardous constituent, and constituent of concern, or
procedures to calculate such values; and
(D) a description of proposed sampling,
analysis and statistical comparison procedures to be utilized in evaluating
monitoring data;
(7) if
an evaluation monitoring program is required under section
66264.91 and/or a compliance
monitoring program is required under section
66264.701 at the time of the
permit application, the owner or operator shall submit sufficient information,
supporting data, and analyses to establish an evaluation monitoring program
which meets the requirements of sections
66264.99 and/or a compliance
monitoring program under section
66264.707. The owner or operator
shall also submit an engineering feasibility study for a corrective action
program necessary to meet the requirements of sections
66264.100 and/or 66264.708, unless
the owner or operator obtains written authorization from the Department prior
to submittal of the permit application to submit a proposed permit schedule for
submittal of such a study. To demonstrate compliance with sections
66264.99 and/or 66264.707, the
owner or operator shall address the following items:
(A) a description of the wastes previously
handled at the facility;
(B) a
characterization of the contaminated or polluted groundwater , soil , soil-pore
liquid , soil -pore gas, surface water or air, including concentrations of
monitoring parameters, hazardous constituents. and constituents of concern in
each medium;
(C) for each medium, a
proposed list of monitoring parameters for which evaluation monitoring will be
undertaken in accordance with sections
66264.97 and
66264.99 and/or for compliance
monitoring under section
66264.707;
(D) for each medium, background values, and
any proposed concentration limits greater than background and/or alternate
concentration limits for each constituent of concern and/or hazardous
constituent based on the criteria set forth in sections
66264.94 and/or 66264.704,
including a justification for establishing any such concentration
limits;
(E) detailed plans and an
engineering report describing the proposed monitoring system, prepared and
certified by a geologist registered in California or a civil engineer
registered in California, in accordance with the requirements of sections
66264.97 and
66264.98 and/or section
66264.707; and
(F) a description of proposed sampling,
analysis and statistical comparison procedures to be utilized in evaluating
monitoring data;
(8) if a
corrective action program is required under sections
66264.91 and/or 66264.701 at the
time of permit application, the owner or operator shall submit sufficient
information, supporting data, and analyses to establish a corrective action
program which meets the requirements of sections
66264.100 and/or 66264.708. To
demonstrate compliance with sections
66264.100 and/or 66264.708, the
owner or operator shall address, at a minimum, the following items:
(A) a characterization of the contaminated or
polluted groundwater , soil , soil-pore liquid , soil -pore vapor, surface water or
air including concentrations of monitoring parameters, hazardous constituents
and constituents of concern in each medium;
(B) a proposed list of hazardous constituents
and constituents of concern for each medium;
(C) for each medium, the proposed
concentration limits for each hazardous constituent and constituent of concern
as set forth in sections
66264.94 and/or
66264.704;
(D) detailed plans and
an engineering report describing the corrective action to be taken and proposed
environmental monitoring programs, prepared and certified by a geologist
registered in California or a civil engineer registered in California;
and
(E) a description of how the
environmental monitoring programs will demonstrate the adequacy of the
corrective action;
(F) a proposed
permit schedule for submittal of the information operator obtains written
authorization from the Department prior to submittal of the permit
application.
(d) Information requirements for solid waste
management units.
(1) The following
information is required for each solid waste management unit at a facility
seeking a permit :
(A) the location of the
unit on the topographic map required under subsection (b)(18) of this
section;
(B) designation of type of
unit ;
(C) general dimensions and
structural description (supply any available drawings);
(D) when the unit was operated;
(E) specification of all wastes that have
been managed at the unit , to the extent available;
(F) when applicable, the information required
under section
66264.801.
(2) The owner or operator of any facility
containing one or more solid waste management units shall submit all available
information pertaining to any release of hazardous wastes or hazardous
constituents from such unit or units.
(3) The owner /operator shall conduct and
provide the results of sampling and analysis of groundwater , landsurface and
subsurface strata, surface water, or air, which may include the installation of
wells, where the Department ascertains it is necessary to complete a RCRA
Facility Assessment that will determine if a more complete investigation is
necessary.
(e) Hazardous
Waste Facility Permit Health Risk Assessment. Except as provided in paragraph
(22) of this subsection, an applicant shall prepare and submit a hazardous
waste facility permit health risk assessment, subject to Department approval,
as follows:
(1) The hazardous waste facility
permit health risk assessment must identify and describe in detail all of the
following:
(A) Known releases of hazardous
waste or chemicals of potential concern at the facility that have resulted in
contaminated media;
(B) Reasonably
foreseeable potential releases of hazardous waste or chemicals of potential
concern at the facility from normal operations, upset conditions, or both,
including, but not limited to, releases associated with transportation to or
from the facility;
(C) Potential
pathways of human exposure to hazardous wastes or chemicals of potential
concern resulting from the releases specified in either subparagraphs (1)(A) or
(1)(B) or both of this subsection; and
(D) Potential health impact of the human
exposure to persons both within and outside of the facility resulting from
releases specified in either subparagraphs (1)(A) or (1)(B) or both of this
subsection.
(2) The
hazardous waste facility permit health risk assessment process may include up
to three steps:
(A) A hazardous waste facility
permit health risk assessment questionnaire ("HRA Questionnaire") completed in
accordance with paragraph (e)(4);
(B) A screening level health risk assessment
for a hazardous waste facility permit ("Screening Level HRA") completed in
accordance with paragraphs (e)(10) through (e)(15);
(C) A baseline health risk assessment for a
hazardous waste facility permit ("Baseline HRA") completed in accordance with
paragraphs (e)(16) through (e)(21).
(3) The applicant for a hazardous waste
facility permit shall submit to the Department an HRA Questionnaire that
complies with the requirements of paragraphs (e)(4) through (e)(7) concurrently
with the Part B permit application.
(A) The
applicant shall also submit a Baseline HRA work plan in accordance with the
requirements of paragraphs (e)(1) and (e)(16) concurrently with the Part B
permit application for a hazardous waste facility permit if applying for any of
the following types of hazardous waste facility permits:
1. Class 1 Landfill ;
2. large hazardous waste treatment facility
with an operating permit pursuant to Title V of the federal Clean Air Act ( 42
U.S.C. § 1857 et seq.) or the California Clean Air Act of 1988 (Health
& Saf. Code, § 39000 et seq.) or their implementing regulations and
rules;
3. hazardous waste
incinerator; or
4. boiler or
industrial furnace burning hazardous waste .
(4) Hazardous Waste Facility Permit Health
Risk Assessment Questionnaire. The applicant for a hazardous waste facility
permit shall submit a completed HRA Questionnaire that includes the following
information:
(A) Information that can be
reasonably ascertained by an applicant to assess the potential for the public
to be exposed to hazardous wastes or hazardous constituents from sources
related to the facility;
(B)
Inventory of potential facility releases, emissions, and discharges in
accordance with paragraph (e)(5);
(C) A completed health risk assessment
assumptions checklist in accordance with paragraph (e)(6); and
(D) A conceptual site model of exposures or
potential exposures that organizes the existing data and documents known site
conditions in accordance with paragraph (e)(7).
(5) Inventory of Potential Facility Releases,
Emissions, and Discharges. The applicant shall provide an inventory of
potential facility releases, emissions, and discharges that includes a
description of hazardous waste facility operations and known emissions or
releases of chemicals of potential concern. At a minimum, the applicant shall
submit all of the following:
(A) Hazardous
Waste Facility Operations Description. A description of hazardous waste
facility operations must include all of the following:
1. a summary of past uses of the
site ;
2. hazardous waste handling
processes;
3. types of permitted
hazardous waste management units;
4. maximum permit capacity of hazardous waste
transfer , treatment , storage , and disposal;
5. types and quantity of hazardous waste
transferred, treated, stored or disposed onsite ;
6. overall process flow diagrams showing
hazardous waste movement or flow through the facility;
7. description of vehicular traffic,
including diesel truck traffic under normal and maximum permitted operations;
and
8. a listing of other
environmental permits as provided in subsection
66270.13(k) and
corresponding expiration dates.
(B) Identification of All Known and Potential
Sources of Chemicals of Potential Concern. If applicable, the source
information must include all of the following:
1. air emission information including air
sources listed by individual processes or equipment (tanks, valves, scrubbers,
etc.), pollutants, daily emission limitations stipulated by a Title V operating
permit or a local air district operating permit , and a summary of the
monitoring data for the most recent three (3) years;
2. wastewater discharge information,
including discharge points, pollutants discharged, daily discharges stipulated
in a National Pollutant Discharge Elimination System permit or by California
waste discharge requirements (WDRs), and a summary of the monitoring data for
the most recent three (3) years;
3.
soil or groundwater contamination plume information at and under the facility,
including potential sources, chemicals of potential concern, a summary of
available groundwater monitoring, and a summary of available indoor air and
soil -gas monitoring data for the most recent three (3) years;
4. list of all known spills documented in
accordance with any previous authorization of hazardous waste activities or
subject to hazardous materials reporting requirements under state or federal
laws and the names of the corresponding reporting agency , if
applicable;
5. assessment of any
foreseeable accidents or upset conditions, such as fire, floods, earthquakes,
or catastrophic releases; and
6. a
summary of any remediation or corrective action performed that addresses any of
the emissions or releases pursuant to subparagraphs 1. through 5. of this
subsection.
(6)
The Health Risk Assessment Assumptions Checklist must include:
(A) Hazard Identification of Chemicals of
Potential Concern. This information must include the following:
1. identification of chemicals of potential
concern for each environmental media; and
2. chemicals of potential concern's
transformation or degradation products, if applicable.
(B) Toxicity Assessment. The toxicity
assessment of chemicals of potential concern must include a description of the
relationship between the concentrations of the chemicals of potential concern
(dose) and their anticipated toxic reaction (response). This information must
include the following:
1. identification of
the inherent chemical hazard traits or toxicity characteristics of the
chemicals of potential concern;
2.
regulatory screening levels for each chemical of potential concern listed by
environmental media for the protection of human health developed by state or
federal environmental agencies, if available; and
3. categories of receptors likely affected or
most susceptible to the chemicals of potential concern, if
applicable.
(C) Exposure
Assessment. This information must include all of the following:
1. chemical transport processes that
influence the movement of each chemical of potential concern ;
2. identification of, and rationale for,
exposure scenarios of each of the chemicals of potential concern in
environmental media;
3.
identification of, and rationale for, potential receptors; and
4. identification of, and rationale for,
potentially complete or complete exposure
pathways.
(7)
Conceptual Site Model.
(A) A conceptual site
model must include a written description and a visual representation of actual
or predicted relationships between receptor populations and the chemicals of
potential concern to which they may be exposed. The conceptual site model may
be represented as a diagram, map, cross section, matrix, or other graphic to
describe the site condition or environmental setting.
(B) The applicant shall submit a conceptual
site model that outlines and includes:
1.
potential and actual, sources of emissions, and releases;
2. a listing of chemicals of potential
concern and release mechanisms;
3.
impacted environmental media or medium;
4. potential exposure pathways, including
fate and transport routes; and
5.
exposure routes for each potential receptor on and adjacent to the
facility.
(8)
HRA Questionnaire Completeness Determination. Within ninety (90) days of
receipt of the HRA Questionnaire, the Department shall evaluate the applicant 's
HRA Questionnaire for completeness of information required in paragraphs (e)(4)
through (e)(7).
(A) The Department may require
the applicant to submit supplemental information to complete the Department 's
evaluation of the HRA Questionnaire.
1. the
applicant shall submit to the Department the supplemental information within
thirty (30) days of the receipt of the request for supplemental
information.
2. within thirty (30)
days of receipt of the supplemental information, the Department shall complete
its evaluation of the HRA Questionnaire.
3. if the Department determines that the
supplemental information is not submitted in a timely manner, is unacceptable,
or does not fulfill the requirements of the HRA Questionnaire, the Department
shall require an applicant to complete a Screening Level HRA in accordance with
the requirements of paragraphs (e)(9)(A), (e)(10) and
(e)(13).
(B) The
Department shall make one of the following determinations:
1. require a Screening Level HRA in
accordance with the requirements of paragraphs (e)(10) and (e)(13). The
Department shall require a Screening Level HRA if any of the following factors
is present:
a. evidence of limited onsite
contamination;
b. normal management
of hazardous waste results in the release, emission, or discharge of any
pollutant or chemical of potential concern with no offsite
consequences;
c. there may be a
potential complete pathway between the chemical of potential concern and
potential receptors; or
d.
foreseeable risk conditions may impact onsite receptors.
2. require a Baseline HRA in accordance with
the requirements of paragraphs (e)(16) and (e)(19). The Department shall
require a Baseline HRA if any of the following factors is present:
a. evidence of facility-wide onsite
contamination or contamination has migrated beyond the facility
boundaries;
b. normal management of
hazardous waste results in the release, emission, or discharge of any pollutant
or chemical of potential concern with offsite consequences;
c. there is a potential complete pathway
between the chemical of potential concern and potential receptors; or
d. foreseeable risk of upset scenarios may
impact offsite receptors.
3. not require a Screening Level HRA or a
Baseline HRA. The Department shall require no further action if all of the
following factors are met:
a. evidence of no
onsite contamination;
b. normal
management of hazardous waste does not result in the release, emission, or
discharge of any pollutant or chemical of potential concern ;
c. there is no potential complete pathway
between the chemical of potential concern and potential receptors;
and
d. the foreseeable onsite risk
of upset scenarios does not impact any offsite
receptors.
(9) HRA Questionnaire Notice. The Department
shall notify the applicant in writing of its HRA Questionnaire determination in
accordance with paragraph (8) of this subsection and provide the basis of the
determination.
(A) Within ninety (90) days of
the Department 's determination that a Screening Level HRA is required, the
applicant shall consult with the Department and submit a Screening Level HRA
work plan.
(B) Within ninety (90)
days of the Department 's determination that a Baseline HRA is required, the
applicant shall consult with the Department and submit a Baseline HRA work
plan.
(10) Screening
Level Health Risk Assessment Work Plan.
(A)
The applicant shall submit to the Department , for its evaluation and approval,
a Screening Level HRA work plan. The Screening Level HRA must be based on a
work plan that compares the concentration of a chemical of potential concern to
media-specific screening levels for relevant receptors. The Screening Level HRA
work plan must describe the approach to evaluate potential human health risks
posed by conditions and operations at the facility. The work plan and
subsequent Screening Level HRA must include all of the following:
1. exposure assessment. Exposure must be
assessed using the maximum permitted capacity for treatment , storage , transfer ,
and disposal of hazardous waste requested in the permit application and include
all of the following:
a. a summary of toxicity
assessment for each of the chemicals of potential concern, including
appropriate toxicity values;
b. the
approach and estimate of reasonable maximum exposure concentrations based on
sampling or modeling data;
c.
identification of receptors, routes, and simple exposure pathways;
and
d. the approach to risk
assessment for pathways, routes, and chemicals of potential concern for cancer
and non-cancer health impacts;
2. the regulatory screening levels listed by
environmental media for the protection of human health must be based on
peer-reviewed toxicity information and tools developed by the Office of
Environmental Health Hazard Assessment and the United States Environmental
Protection Agency ; and
3. an
outline of the presentation for the data, analysis, and
findings.
(11)
Department Screening Level HRA Work Plan Determination. Within sixty (60) days
of receipt of the Screening Level HRA work plan, the Department shall evaluate
the work plan for compliance with the requirements of subparagraph (e)(10)(A).
(A) The Department may require the applicant
to submit supplemental information to ensure that the Screening Level HRA work
plan is complete.
1. the applicant shall
submit to the Department the supplemental information within thirty (30) days
of the receipt of the request for supplemental information; and
2. within thirty (30) days of receipt of the
supplemental information, the Department shall complete its evaluation of the
supplemental information and provide a determination to accept or reject the
Screening Level HRA work plan.
(12) Screening Level HRA Work Plan Notice.
The Department shall notify the applicant in writing of its determination to
accept or reject the Screening Level HRA work plan and provide the basis of the
determination. The Department shall specify a due date to complete the
Screening Level HRA.
(A) For a Screening Level
HRA, the due date is 180 days after the date the Department issues a Screening
Level HRA work plan notice, unless the Department specifies an alternative due
date.
(13) Screening
Level HRA Submittal. The applicant shall submit to the Department the Screening
Level HRA that complies with subparagraph (e)(10)(A) and the accepted Screening
Level HRA work plan by the due date specified in the notice in accordance with
subparagraph (e)(12)(A).
(14)
Department Screening Level HRA Determination. Within ninety (90) days of
receipt of the Screening Level HRA, the Department shall evaluate the Screening
Level HRA for completeness with subparagraph (e)(10)(A) and the accepted
Screening Level HRA work plan.
(A) The
Department may require the applicant to submit supplemental information to
ensure completeness of the Screening Level HRA.
1. the applicant shall submit to the
Department the supplemental information within thirty (30) days of the receipt
of the request for supplemental information; and
2. within thirty (30) days of receipt of the
supplemental information, the Department shall complete its evaluation of the
supplemental information and provide a determination of the Screening Level
HRA.
(B) The Department
shall either:
1. accept the Screening Level
HRA; or
2. reject the Screening
Level HRA and require a Baseline HRA.
(15) Screening Level HRA Notice. The
Department shall notify the applicant in writing of its determination based on
its evaluation of the Screening Level HRA, and if applicable, the need to
prepare and submit a Baseline HRA. The Department shall provide the basis for
its determination.
(A) If the Department
determines that a Baseline HRA is required, the applicant shall submit a
Baseline HRA work plan to the Department within ninety (90) days of receipt of
the notice that a Baseline HRA is required.
(16) Baseline Health Risk Assessment Work
Plan.
(A) The applicant shall submit to the
Department , for its evaluation and approval, a Baseline HRA work plan. The
Baseline HRA must be based on a work plan that describe the approach to
estimate potential human health risks posed by conditions and operations at the
facility. The work plan and subsequent Baseline HRA must include all of the
following:
1. a summary of toxicity
assessments for each of the chemicals of potential concern, including
appropriate toxicity values;
2. the
approach and estimate of reasonable maximum exposure concentration estimates
based on sampling or modeling data;
3. identification of receptors, routes, and
complex exposure pathways;
4. the
approach to risk assessment for all pathways, routes, and chemicals of
potential concern for cancer and non-cancer health impacts;
5. the approach for the quantification of
both exposure and risk characterization;
6. an outline of the presentation for the
data, analysis, and findings; and
7. any additional information specified by
the Department .
(B) The
due dates for the Baseline HRA work plan are specified in subparagraphs
(e)(3)(A), (e)(9)(B), or (e)(15)(A). The applicant shall submit the Baseline
HRA work plan within ninety (90) days of receipt of the notice that a Baseline
HRA is required, or as provided pursuant to subparagraph (e)(3)(A), unless
another due date is provided by the Department .
(17) Department Baseline HRA Work Plan
Determination. Within sixty (60) days of receipt of the Baseline HRA work plan,
the Department shall evaluate the work plan for completeness in accordance with
paragraph (e)(1) and subparagraph (e)(16)(A).
(A) The Department may require the applicant
to submit supplemental information to ensure completeness of the Baseline HRA
work plan.
1. the applicant shall submit to
the Department the supplemental information within thirty (30) days of the
receipt of the request for supplemental information; and
2. within thirty (30) days of receipt of the
supplemental information, the Department shall complete its evaluation of the
supplemental information and provide a determination to accept or reject the
Baseline HRA work plan.
(18) Baseline HRA Work Plan Notice. The
Department shall notify the applicant in writing of its determination to accept
or reject the work plan and provide the basis of the determination. The
Department shall specify a due date for the submittal of the Baseline HRA, if
applicable.
(A) For a Baseline HRA, the due
date is 180 days after the date the Department issues the Baseline HRA work
plan notice, unless the Department specifies an alternative due
date.
(19) Baseline HRA
Submittal. The applicant shall submit to the Department the Baseline HRA that
complies with paragraph (e)(1), subparagraph (e)(16)(A) and the accepted
Baseline HRA work plan by the due date specified in the notice in accordance
with subparagraph (e)(18)(A).
(20)
Baseline HRA Department Determination. Within ninety (90) days of receipt of
the Baseline HRA, the Department shall evaluate the Baseline HRA for
completeness in accordance with paragraph (e)(1), subparagraph (e)(16)(A) and
the accepted Baseline HRA work plan.
(A) The
Department may require the applicant to submit supplemental information to
complete its evaluation of the Baseline HRA.
1. the applicant shall submit to the
Department the supplemental information within sixty (60) days of receipt of
the request for supplemental information, unless the Department specifies an
alternative due date; and
2. within
thirty (30) days of receipt of the supplemental information, the Department
shall complete its evaluation of the supplemental information and provide a
determination to accept or reject the Baseline
HRA.
(21)
Baseline HRA Notice. The Department shall notify the applicant in writing of
its determination as to the Baseline HRA and provide the basis of the
determination.
(A) If the Baseline HRA is
accepted, the Department may require annual updates of the Baseline
HRA.
(22) The applicant
for a post-closure permit , or permit modification classified as Class 1, Class
1*, or Class 2, is not subject to the requirement to submit a hazardous waste
facility permit health risk assessment as specified in this subsection. The
Department may exclude the applicant for a Class 3 permit modification from the
requirement to submit a hazardous waste facility permit health risk assessment
if the Department deems it unnecessary.
(f) California Environmental Quality Act
(CEQA) Information Requirements. Unless the Department has determined that the
activity to be permitted is exempt from the requirements of CEQA pursuant to
Title 14, CCR section 15061, the applicant shall submit with Part B of the
permit application all information necessary to enable the Department to
prepare an Initial Study meeting the requirements of Title 14, CCR section
15063.
Notes
2. Amendment of subsections (b)(5) and (b)(8)(E) and NOTE and new subsection (b)(8)(F) filed 12-23-92; operative 1-22-93 (Register 93, No. 2).
3. Amendment of subsection (b)(2) and NOTE filed 10-24-94 as an emergency; operative 10-24-94 (Register 94, No. 43). A Certificate of Compliance must be transmitted to OAL by 2-20-95 or emergency language will be repealed by operation of law on the following
4. Amendment of subsection (b)(2) and NOTE refiled 2-21-95 as an emergency; operative 2-21-95 (Register 95, No. 8). A Certificate of Compliance must be transmitted to OAL by 6-21-95 or emergency language will be repealed by operation of law on the following
5. Amendment of subsection (b)(2) and NOTE refiled 6-19-95 as an emergency; operative 6-19-95 (Register 95, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-17-95 or emergency language will be repealed by operation of law on the following
6. Amendment of subsection (b)(2) and NOTE refiled 10-16-95 as an emergency; operative 10-16-95 (Register 95, No. 42). A Certificate of Compliance must be transmitted to OAL by 2-13-96 or emergency language will be repealed by operation of law on the following
7. Certificate of Compliance as to 10-24-94 order transmitted to OAL 12-15-95 and filed 1-31-96 (Register 96, No. 5).
8. Change without regulatory effect adding new subsection (b)(21) filed 12-19-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 51).
9. Change without regulatory effect amending subsection (b)(20) filed 8-15-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 33).
10. Change without regulatory effect amending subsection (b)(5) and NOTE filed 6-11-99 pursuant to Health and Safety Code section 25159.1 (Register 99, No. 24).
11. New subsections (b)(22)-(b)(23)(G)6., amendment of subsection (c)(8), new subsections (e)-(e)(22), subsection relettering and amendment of NOTE filed 10-24-2018; operative 1-1-2019 (Register 2018, No. 43).
12. Amendment of subsection (a) and NOTE filed 10-31-2018; operative 1-1-2019 (Register 2018, No. 44).
Note: Authority cited: Sections 25150, 25159, 25159.5, 25179.6, 25245, 25247 and 58012, Health and Safety Code. Reference: Sections 25150, 25159, 25159.5, 25179.6, 25200, 25245, 25246 and 58012, Health and Safety Code; and 40 CFR Section 270.14.
2. Amendment of subsections (b)(5) and (b)(8)(E) and Note and new subsection (b)(8)(F) filed 12-23-92; operative 1-22-93 (Register 93, No. 2).
3. Amendment of subsection (b)(2) and Note filed 10-24-94 as an emergency; operative 10-24-94 (Register 94, No. 43). A Certificate of Compliance must be transmitted to OAL by 2-20-95 or emergency language will be repealed by operation of law on the following
4. Amendment of subsection (b)(2) and Note refiled 2-21-95 as an emergency; operative 2-21-95 (Register 95, No. 8). A Certificate of Compliance must be transmitted to OAL by 6-21-95 or emergency language will be repealed by operation of law on the following
5. Amendment of subsection (b)(2) and Note refiled 6-19-95 as an emergency; operative 6-19-95 (Register 95, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-17-95 or emergency language will be repealed by operation of law on the following
6. Amendment of subsection (b)(2) and Note refiled 10-16-95 as an emergency; operative 10-16-95 (Register 95, No. 42). A Certificate of Compliance must be transmitted to OAL by 2-13-96 or emergency language will be repealed by operation of law on the following
7. Certificate of Compliance as to 10-24-94 order transmitted to OAL 12-15-95 and filed 1-31-96 (Register 96, No. 5).
8. Change without regulatory effect adding new subsection (b)(21) filed 12-19-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 51).
9. Change without regulatory effect amending subsection (b)(20) filed 8-15-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 33).
10. Change without regulatory effect amending subsection (b)(5) and Note filed 6-11-99 pursuant to Health and Safety Code section 25159.1 (Register 99, No. 24).
11. New subsections (b)(22)-(b)(23)(G)6., amendment of subsection (c)(8), new subsections (e)-(e)(22), subsection relettering and amendment of Note filed 10-24-2018; operative 1-1-2019 (Register 2018, No. 43).
12. Amendment of subsection (a) and Note filed 10-31-2018; operative
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