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§ 66270.14. Contents of Part B: General Requirements.

22 CA ADC § 66270.14BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS

Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 4.5. Environmental Health Standards for the Management of Hazardous Waste
Chapter 20. the Hazardous Waste Permit Program
Article 2. Permit Application
22 CCR § 66270.14
§ 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 United States census tract in which the facility is located. If the facility is located in a census tract that has a population of less than 2,000 people, any other census tracts located within one (1) mile of the facility must also be included in the surrounding community. The Profile must include all of the following:
(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.
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.
HISTORY
1. New section filed 5-24-91; operative 7-1-91 (Register 91, No. 22).
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 day.
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 day.
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 day.
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 day.
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).
This database is current through 7/24/20 Register 2020, No. 30
22 CCR § 66270.14, 22 CA ADC § 66270.14
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