united states environmental protection agency …..."page 5 the discussion of coordination...

UNITED STATES ENVIRONMENTAL PROTECTION AGENCYREGION II

26 FEDERAL PLAZANEW YORK, NEW YORK 10278

NOTICE OF ISSUANCEOF FINAL HAZARDOUS AND SOLID WASTE AMENDMENTS OF 1984(HSWA) PERMIT TO E. I. DU PONT DE NEMOURS & COMPANY,

INCORPORATED, POMPTON LAKES WORKS, POMPTON LAKES, NEW JERSEY

The United States Environmental Protection Agency (EPA) Region IIhas decided to issue a final HSWA permit to the E. I. du Pont deNemours & Company, Incorporated (DuPont) facility in PomptonLakes, New Jersey. Enclosed is a copy of the final HSWA permitand EPA's Responsiveness Summary. The Responsiveness Summaryprovides EPA's response to comments received by EPA during thepublic comment period (April 3, 1992 through May 18, 1992) andthe public hearing held on May 13, 1992 at the Pompton Lakes HighSchool auditorium in Pompton Lakes, New Jersey.

Any appeal of this decision must be filed to the USEPAEnvironmental Appeal Board at the address indicated below:

U.S. Environmental Protection AgencyOffice of Administrator

Environmental Appeal Board (A-101)401 M Street, SW

Room 1145 (West Tower)Washington, DC 20460

Anyone wishing to appeal the permit decision should refer to theprocedures set forth in 40 C.F.R. § 124.19. Within thirty (30)days after the date of this Notice, any person who filed commentson the draft HSWA permit may petition the Environmental AppealBoard to review any condition of the draft HSWA permit. Anyperson who failed to file comments on the draft HSWA permit maypetition for administrative review only to the extent of thechanges from the draft to the final HSWA permit.

The thirty (30) day period to request review of this final permitdecision shall begin with the service of this Notice. (Note, forthose parties receiving this Notice by mail, three (3) additionaldays will be added to the prescribed thirty (30) day period, asis provided for at 40 C.F.R. § 124.20(d).)

izfonr'ad Simon, Director/Air and Waste Management DivisionU. S. Environmental Protection Agency , . „ fnnnRegion II July 21-, 199226 Federal Plaza Date ServedNew York, New York 10278

\D STATES ENVIRONMENTAL PROTECTION AGENCY

REGION II'«.*

JACOB K. JAVITS FEDERAL BUILDING

NEW YORK. NEW YORK 1O278

RESPONSIVENESS SUMMARYFOR HAZARDOUS AND SOLID WASTE AMENDMENTS OF 1984 PERMIT

FOR E.I. PU PONT DE NEMOURS ft CO.. INC.POMPTON LAKES, NEW JERSEY

NJD002173946

A. Background

Under the Solid Waste Disposal Act (the "Act"), as amendedby the Resource Conservation and Recovery Act ("RCRA") andthe Hazardous and Solid Waste Amendments of 1984 ("HSWA"),42, U.S.C. §§ 6901 ££ seq.. the United States EnvironmentalProtection Agency ("EPA") Region II proposed issuance of aHSWA permit to the Pompton Lakes facility of E.I. du Pont deNemours & Company, Inc. ("DuPont"). The draft HSWA permitincludes corrective action requirement for the 151 SolidWaste Management Units ("SWMUs") at the DuPont facility,waste minimization, land disposal restrictions, organic airemission standards for process vents and equipment leaks,toxicity characteristic standards, and other applicablestandards under the Act. The HSWA permit, if finalized, inconjunction with the permit issued on July 5, 1990 by theNew Jersey Department of Environmental Protection and Energy("NJDEFE") for operation of the RCRA Treatment, Storage, andDisposal ("TSD") facility, will constitute a full RCRApermit for the facility.

The availability of the draft HSWA permit was public noticedand radio announced on April 3, 1992. EPA held a publichearing on the draft HSWA permit on May 13, 1992 at thePompton Lakes High School and the comment period closed onMay 18, 1992.

EPA has received written and verbal comments from thepublic, DuPont, and NJDEPE during the comment period and thepublic hearing, on the draft HSWA permit. ThisResponsiveness Summary document provides EPA's response tothe comments.

Conraa Simon, Director Date'Air/and Waste Management DivisionU. 6. Environmental Protection AgencyRegion II

B. Comment* and Response

(Comments #1 through #42 come from the letter dated Hay 18, 1992from DuPont. EPA's response follows each of the comments.)

1. Comment (phrased)

"...we believe that the permit, if finalized, would bea major setback in our effort to successfully completeour site cleanup effort.

We are well into the investigation and remediation ofsolid waste management units and other areas of concernat the facility. This work began in 1988, and hasproceeded under the terms and conditions of anAdministrative Consent Order ("AGO") between DuPont andNJDEPE with continual oversight by EPA. The AGOclearly defines such requirements as complianceschedules, deliverable formats, and reportingrequirements.

For several years, EPA has been providing oversight andcomments on our work plans and various other documentsprepared in compliance with the AGO through the NJDEPE.

This mechanism has provided a clear focal point for theregulatory coordination of the project, and we believethat it has been very effective and efficient. Theterms and conditions of the draft permit wouldeliminate this mechanism by requiring separatesubmittals, mandating subroittal formats different fromthose in the AGO, and providing a separate complianceschedule with no regard to coordination with theNJDEPE, AGO compliance schedules, or the time requiredto obtain any necessary local, State and Federalpermits for remedial actions.**

Implementing a project of this scale is not easy, andwe strongly believe that any changes in our existingapproach would add administrative complexity andduplication with no benefit to the public or theenvironment. While we appreciate the effort that musthave gone into producing the draft HSWA Permit, webelieve that in the interest of everyone involved thepermit must be substantially revised to-reinforceexisting procedures and coordination mechanisms ratherthan creating entirely new and separate ones.

... we are requesting a formal extension of the permitcomment period so that we can work with you and the

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NJDEPE to develop an approach that satisfies your HSWApermitting concerns without impeding our effort toremediate the site."

Response

The DuPont, Pompton Lakes site has been a high priorityRCRA site to EPA Region II, due to its size, >-i->wncontamination, long history of chemical manufa .-ring,and its proximity to residences and other potentialsensitive environments. The discovery in late 1990along the Acid Brook of the contamination in soil, withhigh levels of lead and mercury, among other metalsfound, provides adequate justification that the DuPont,Pompton Lakes corrective action program warrants EPA'sactive involvement and close scrutiny. The proposedHSWA permit is a mechanism to formalize this role.

EPA agrees with DuPont's assessment that the correctiveaction program, with current NJDEPE/EPA oversight, hasbeen effective and efficient. However, EPA disagreeswith DuPont, that major problems will result fromissuance of the permit. The HSWA permit, as proposed,will not require separate submission of documents fromthose required by the ACO, due to perceived differencesin the formatting or reporting requirements. The goalof corrective action for both NJDEPE and EPA isprotection of human health and the environment. Withinthat context, the proposed HSWA.permit is not intendedto eliminate the existing procedures. Furthermore,issuance of the HSWA permit should not result in majorchanges in DuPont*s on-going or future correctiveactions efforts. Any potential conflicts between theAGO and the HSWA permit with respect to complianceschedules can be easily resolved during implementationof corrective action.

There are reports, studies and work plans that relateto the site generally and/or to specific SWMUs andwhich have already been submitted to EPA for review andevaluation. EPA is approving certain of thesedocuments and recording such approval as part of thepermit (See III-15-a for a listing and description).NJDEPE has already approved such documents, although insome instances, the NJDEPE approval was made subject tocertain conditions. EPA*s approval will alsoincorporate such conditions of approval.

EPA, in cooperation with NJDEPE, will evaluate othersuch documents that have been developed to date andhave already been submitted to EPA. It is EPA's intentto provide its approval expeditiously for such

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documents that NJDEPE may have approved but where suchNJDEPE approval has not as yet been substantiated toEPA. EPA will also expedite review after submittal ofsuch documents that have not as yet been submitted toEPA and where NJDEPE approval has not as yet beensubstantiated to EPA. In those cases where NJDEPE hasnot as yet given its approval, EPA and NJDEPE willcoordinate their review.

Any plans or reports, which are to be submitted afterthe effective date of the HSWA permit, will be jointlyreviewed by the EPA and the NJDEPE prior to each agencysignifying its approval. EPA will coordinate withNJDEPE to provide consistent review documents. TheHSWA permit has provisions which would allowflexibility for corrective action implementation andschedules and modification to compliance schedules,when necessary. As is currently the case, anytechnical conflicts would be resolved between theagencies before communication with DuPont. Theseprocedures are currently successful at other sites,including DuPont facilities.

EPA believes that modifications being made to the HSWApermit are responsive to DuPont's concerns. Therefore,DuPont's request for an extension of the public commentperiod to revise the HSWA permit is denied.


"FACT SHEET, Page 3

The third paragraph suggests that the municipal wellshave been sampled as part of the project. In fact, thewells are not within the scope of the project and assuch discussion of municipal wells should be deletedfrom the permit narrative."

Response

EPA has accepted this comment. The Fact Sheet, asattached to this Responsiveness Summary, has beenrevised to reflect this.


"The final paragraph should clarify that no furtherpublic notice is anticipated regarding groundwatercontamination. The final paragraph should also clarifythat DuPont may either implement an interim measure forremediation of contaminated groundwater or propose that

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no further action is required. Either case roust beapproved by both the EPA and the NJDEPE. "

Response

It is incorrect to say that no further public notice isanticipated regarding groundvater contamination. Underthe RCRA prograr, final remedies for contaminatedgroundwater, soil or other environment media, must bepublicly noticed for public comments before they areimplemented, even if the final remedies involve noaction. No change has been made to the Fact Sheet.

4 . Comment (phrased)

"Page 5

The discussion of coordination between EPA and NJDEPEunderstates the significant differences between the AGOrequirements and the requirements of the draft permit.Further, the statement "the EPA and the NJDEPE willcoordinate . . , " does not adequately address the exactmechanism of coordination between the two agencies. Heare seeking revision of this permit to clarify that theNJDEPE is the regulatory focal point on the project,and that the EPA will provide comments andrecommendations through the NJDEPE while reserving theright to intercede at the Regional Administrator'sdiscretion. " ..-

Response

See Response to Comment #1.

5 . Comment (phrased)

"The discussion of the Acid Brook remediationincorrectly states that the effort is an interimmeasure. Rather, the remediation of Acid Brook isbeing implemented as a final corrective measure withongoing oversight by the EPA and NJDEPE. "

Response

The current remedial action covers only the areas^around the southern portion -o£ the- Acid Brook.. off fromthe DuPont property, notAlthough the current remedial action may very well be afinal remedy for the areas being remediated, it is nota final remedy for the entire Acid Brook. In thiscontext, the current remedial action is an interimmeasure. No change has been made to the Fact Sheet.

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"A separate section should be added to the fact sheetto clarify that a Site Investigation Work Plan has beenprepared in accordance with AGO Condition No. 16,approved by EPA and NJDEPE, and that the facility isnow in the implementation phase of the siteinvestigation."

Response

The Remedial Investigation Work Plan was approved byNJDEPE in the letter dated September 20, 1989. Asindicated in Response to Comment 41 and in the finalHSWA permit, EPA has evaluated and approved thisdocument, by concurring the NJDEPE September 20, 1989letter. The Fact Sheet has been revised to reflectthis.


"MODULE I - STANDARD CONDITIONS, F - Duties &Requirements, 9(a) - Representativeness of Samples andMeasurements

All sampling is being implemented in accordance withthe NJDEPE's Field Procedures Manual for DataAcquisition. We request that this condition be revisedto reflect this."

Response

This condition has been revised to say that DuPont mustcomply with either Appendix I of 40 C.F.R. Part 261, anequivalent method approved by the RegionalAdministrator, or the NJDEPE's Field Procedures Manualfor Data Acquisition.

During review of future sampling plans, EPA and NJDEPEwill coordinate with each other to resolve anytechnical inconsistencies between these documents,prior to communication with DuPont. The HSWA permitreflects this change.


"9(c) - Minimum QA/QC Submittals

Given that QA/QC submittals are already made to theNJDEPE under the terms of the ACO, this requirement isduplicative. We request that this condition be revisedto confirm that NJDEPE QA/QC submittals are made, that

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such records be kept at the facility, and that EPAreserves the right to review any QA/QC submittals uponrequest."

Response

For work already completed by DuPont under the AGO,DuPont need not submit QA/QC information. However,DuPont may have to submit all or part of QA/QCinformation, upon EPA's requests.

For work plans or reports to be approved after theeffective date of the HSWA permit, DuPont may have tosubmit QA/QC information, upon EPA's request. In thisregard, EPA will coordinate with NJDEPE to provideconsistent review documents to DuPont. However, EPAdoes not believe that changes to the HSWA permit areneeded to reflect this and therefore, no change hasbeen made to the permit.


*'H - Reports, Notifications and Submissions to theRegional Administrator

As we are currently providing notifications to theNJDEPE and EPA under the ACO, the NJDEPE notificationsin this condition should be eliminated. To minimizeconfusion we also request a single EPA documentsubmittal contact, to whom we will forward three copiesfor his or her distribution to the appropriate EPAstaff. We request the submittals to the EPA generallybe limited to work plans and reports, with otherdocumentation available upon request by the EPA."

Response

EPA has partially accepted this comment. DuPont mustsend one copy to the EPA Permits Administration Branchand two copies to the EPA Hazardous Waste FacilitiesBranch. The two copies to the Hazardous WasteFacilities Branch may be directed to the Section Chiefof the New Jersey/Caribbean Corrective Action Sectionwho is currently Barry Tornick. A minimum of threecopies must be directed to the Division of ResponsibleParty Site Remediation of NJDEPE. The HSWA permitreflects this change.

DuPont must submit all information and documentsincluding work plans and reports required by the HSWApermit.

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"MODULE II - FACILITY DESCRIPTION

D . Groundwater

The third paragraph suggests that the municipal wellshave been sampled as part of the project. In fact, thewells are not within the scope of the project and assuch discussion of municipal wells should be deletedfrom the permit narrative.*1

Response

EPA has accepted this comment. The HSWA permitreflects this change.


"H - Coordination Between EPA and NJDEPE

The discussion of coordination between EPA and NJDEPEunderstates the significant differences between the AGOrequirements and the requirements of the draft permit.Further, the statement "the EPA and the NJDEPE willcoordinate . . ." does not adequately address the exactmechanism of coordination between the two agencies. Weare seeking revision of this permit to clarify that theNJDEPE is the regulatory focal point on the project,and that the EPA will provide comments andrecommendations through the NJDEPE while reserving theright to intercede at the Regional Administrator'sdiscretion."

Response

See Response to Comments #1. Coordination proceduresare included in the Fact Sheet. However, the HSWApermit has no legal authority over NJDEPE. Therefore,although we indicated the coordination procedures inthe Fact Sheet, EPA believes that inclusion of suchcoordination procedures in the HSWA permit isinappropriate.

If DuPont believes that more detailed procedures thanthe procedures described in the Fact Sheet need to bedefined, EPA is willing to work with NJDEPE and DuPontto attempt to satisfy these concerns.

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"MODULE 111 - CORRECTIVE ACTION REQUIREMENTS FOR SOLIDWASTE MANAGEMENT UNITS, A. APPLICABILITY, 2 - Summaryof Corrective Action Process

It should be clarified in this section that a remedialinvestigation work plan has been prepared and approvedby EPA and NJDEPE, and that the work plan satisfies therequirements for the RCRA RFI."

Response

This submission has been recognized in the Response toComment #6. The HSWA permit now reflects approval ofthe remedial investigation work plan.

13. comment (phrased)

11B - STANDARD CONDITIONS FOR CORRECTIVE ACTION, 5 -Prior Submittals

Several years of work has already been completed,including review and approval of a number of documentsby the EPA and NJDEPE. The decision on compliance withRCRA requirements has in many cases already been made.As such, this condition should be revised toacknowledge those prior submittals which have alreadybeen made and approved, and which sections of thepermit requirements are fully satisfied. Thesedocuments include, but are not limited to:...*1

Response



"6 - Interim Measures

Depending upon the nature of the release or suspectedrelease, thirty (30) days may not be adequate for thepreparation of an interim corrective measures study.It is requested that a clause be added that would allowthe Regional Administrator to grant the facilityadditional time if necessary to prepare an adequate.submittal."

Response

Condition E.1O of Module III or Condition K of Module Iof the draft HSWA permit nay be utilized by DuPont, as

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needed for time extensions. No change has been made tothe HSWA permit.


"The notification requirements specify that thefacility must immediately summarize the nature andmagnitude of the actual or potential threat and natureof the interim measures being considered and notify theRegional Administrator. The method (written or verbal)and timing of such notification is not specified, Wesuggest that the terms be revised to specify a 24-hourverbal notification, followed by a written notificationwithin 5 days."

Response

EPA has accepted this comment. The HSWA permitreflects this change.

16. Comment (phrased)i

"General comment - this section should acknowledge andrecognize the need for and timing of NJDEPE approval ofany proposed interim measures per item No. 31 of theAGO. "

Response

As indicated in the Response to Comment #1, EPA'sapproval of any interim measures will be coordinatedwith the NJDEPE. No change has been made to the HSWApermit.


"8 - Reporting

8 - a. Consistent with AGO Item No. 32, it is requestedthat this condition and Appendix C -Compliance Schedulebe revised to specify that progress reports must besubmitted on or before the 3Oth day of the monthfollowing the quarter being reported and that thereporting format be identical to that listed in ItemNo. 32."

Response

Condition 8-a requires DuPont to submit progressreports pursuant to approved work plans, with the firstprogress report submitted within thirty (30) days afterany work initiated under the HSWA permit. This initial

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notification is an additional requirement to therequirement of ACO Item No. 32. However, Condition 8-ais not inconsistent with ACO Item No. 32.

Progress reports must address all substantiverequirements of the HSWA permit, irrespective of theformat. No change has been made to the HSWA permit.


"Provision of summaries of all contacts made with thepublic is excessive in light of the fact that we are inconstant contact with the public regarding the project.We request that these summaries be limited to officialmeetings and hr .ings."

Response

DuPont must provide EPA with all contacts with thepublic made by DuPont with respect to any significantissues, questions, or solutions associated wit," theimplementation of the HSWA permit requirement^ It isimportant and critical for EPA to understand partiesinvolved and to plan necessary coordination in advance.EPA is willing to work with DuPont and/or NJDEPE todelineate the scope of this requirements after issuanceof the HSWA permit. No change has been made to theHSWA permit.


"Given the significant number of staff from both DuPontand outside firms working in the project, we requestthat the requirement for reporting changes in personnelbe eliminated. If necessary, this information could begenerated based upon personnel records.11

Response

Any changes in personnel, that are critical inconducting and managing corrective action activities,must be reported to EPA. EPA is willing to wc;-k withDuPont and/or NJDEPE to develop a list of criticalpersonnel after issuance of the HSWA permit. No changehas been made to the HSWA permit.


"Given the significant volume of day-to-dayrecordkeeping, data, etc., being generated by theproject, we request that the reporting requirement forthese items be eliminated. These items are more

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appropriately recordkeeping issues, where such recordsshould remain at the facility and be available forreview by the Regional Administrator if requested.11

Response

The progress reports must include items described inCondition B.S.a of Module III, which EPA believes areminimum requirements. However, EPA agrees with DuPontthat most of the data required by Condition B.S.a.viiimay be kept at the site. Only critical data is neededto be included in progress reports. Therefore, theHSWA permit reflects this change.

21. Comment (phra sed)

•'8 - d. This condition should recognize the need forNJDEPE approval of our activities, as well as the needfor local, state, and federal permits and relateddelays."

Response

EPA's approval of work plans or schedules will becoordinated with NJDEPE, any local government bodies,or public groups, as needed. No change has been madeto the HSWA permit.


"10 - Notification

10 * a. The public has already been informed of thegroundwater contamination concerns. As such, thiscondition should be eliminated or revised to indicatethat it has been fulfilled and that no further publicnotice regarding groundwater contamination isrequired."

Response

The notifications performed under the AGO for thecontaminated groundwater is accepted equivalent tocompliance with Condition B.lO.a of Module III.

DuPont must maintain compliance with this Condition, asneeded. Any new discoveries with respect togroundwater contamination, such as new contaminationplumes in groundwater or additional households whichwould be impacted by contaminated groundwater, willrequire DuPont to comply with this Condition. Nochange has been made to the HSWA permit.

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"C - Assessment of Newly Identified SWMUs

The issue of the need for additional remedialinvestigation and remediation is covered by AGO ItemNo. 31. We request that this section be revised torequire compliance with this AGO condition rather thanestablishing separate notification, reporting, andimplementation requirements."

Response

Condition C of Module III is not inconsistent with AGOItem No. 31. No change to the draft is needed for thiscomment.


"2 - SWMU Assessment Report

2 - h. The SWMU assessment report has been effectivelycompleted in the form of the Operational Historyreport. Therefore, it is requested that the word'required1 be replaced with the word 'completed1.11

Response


In addition, any newly-discovered SWMUs, after theeffective date of the HSWA permit, must comply withthis Conditior Therefore, no change has been made tothe HSWA perm


2 - i. It Is requested that the word 'is1 be replacedwith the words 'appears, based upon existinginformation, to represent1."

Response

Condition C.2.i of Module III, as proposed, requiresDuPont's assessment of release potential based onavailable information. No change has been made to theHSWA permit.

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"3 - SWMU Sampling and Analysis Plan

This condition should be revised to document that theapproved RI work Plan satisfies the requirements for aSWMU Sampling and Analysis Plan, and that we arepresently authorized to implement the plan.

It Is also requested that the wording 'in accordancewith the most recent version of the New York StateDepartment of Environmental Conservation ("NYSDEC'MRCRA Quality Assurance Project Plan Guidance1 beeliminated or replaced with the wording * in accordancewith Appendix A and B of the AGO or the most recentversion of the New Jersey Department of EnvironmentalProtection and Energy fNJDEPEl Remedial InvestigationGuide. "'

Response


This condition has been revised to add the Appendicesof the AGO and NJDEPE Remedial Investigation Guide.During review of future SWMU sampling and AnalysisPlans, EPA and NJDEPE will coordinate with each otherto resolve any technical inconsistencies between thesedocuments, prior to communication with DuPont. TheHSWA permit has been revised to reflect this change.


"4 - Subsequent Assessment Actions

4 - b. Depending upon the nature of the issuesdiscussed at the meeting, thirty (30) days may not beadequate for the preparation of a revised SWMUAssessment Sampling and Analysis Plan. It is requestedthat a clause be added that would allow the RegionalAdministrator to grant the facility additional time ifnecessary to prepare adequate submittal.

It is requested that this condition be revised toreplace the words 'receipt of Plan comments from theRegional Administrator1 with the words (receipt of Plancomments from the Regional Administrator and theNJDEPE)"

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Response

Tine extensions nay be granted pursuant to ConditionE.10 of Module III or Condition K of Module I.

As indicated in the Response to Comment #11, the HSWApermit has no legal authority over NJDEPE and thereforeit is inappropriate to impose any of the HSWA permitconditions on NJDEPE. However, since the HSWA permithas the same goals of cleanup of the DuPont site andprotecting human health and the environment from anyreleases from the site, as those of the ACO, EPA willcoordinate with NJDEPE to have consistentimplementation of the DuPont's corrective actionprogram. No change has been made to the HSWA permit.


"4 - c. it is requested that this condition be revisedto replace the words 'from the Regional Administrator1with 'from the Regional Administrator and the NJDEPE'"

Response

See the Response to Comment #27.


"5. SWMU Sampling and Analysis Report

It is requested that this condition be revised to allowadditional time to prepare the required Sampling andAnalysis Report with the approval of the RegionalAdministrator should thirty (30) days be an inadequateamount of time to prepare the document."

Response

Time extensions may be granted pursuant to ConditionE.10 of Module III or Condition K of Module I. Nochange has been made to the HSWA permit.


"E - CORRECTIVE ACTION REQUIREMENTS, 1 - RCRA FacilityInvestigation (RFI) Work Plan

Per Condition No. 16 of the ACO, a RemedialInvestigation Work Plan was prepared, submitted andapproved by the NJDEPE and EPA in accordance withAppendix A, B, and C of the ACO. A significant amountof work was required to develop this Work Plan, both on

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the part of DuPont and the NJDEPE in terms of theirreview time. We are confident that the informationgenerated through the implementation of the existingWork Plan adequately addresses both EPA's and NJDEPE'sconcerns.

It is simply not practical or reasonable for us todevelop and implement two Work Plans with differentformats and submittal requirements to address the sameareas of concern. Therefore, we request that thiscondition be revised to reference the need forcompliance with AGO Conditions No.s 16 and 17 ratherthan the preparation of a separate EPA version of theWork Plan. The extent to which previously submitteddocuments satisfy HSWA concerns should be documented inthe permit rather than being left open-ended."

Response



"2 - RCRA Facility Investigation Work PlanImplementation

Consistent with AGO Condition No. 18, we request thatthis condition be revised to read, 'Upon receipt of theRegional Administrator and NJDEPE's written finalapproval of the RI Work Plan, DuPont shall conduct theremedial investigation in accordance with the approvedRI Work Plan and the schedule contained therein.' Inaddition, this section should acknowledge the fact thatthe RI Work Plan has been approved and is underimplementation."

Response

See Responses to Comments #27 and #6.


"3 - RCRA Facility Investigation Final Report andSummary Report

The AGO requires that we submit any remedialinvestigation reports in accordance with Appendix A ofthe AGO. This condition requires the development of adocument covering the same topic, but in a differentformat. Once again, the development of two documentsaddressing the same issues in different formats isneither practical or reasonable.

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We request that this condition be revised to requiresubmittal to the Regional Adninistrator the RemedialInvestigation Report prepared in conformance with AGOCondition Mo. 19 In a time frame defined in the WorkPlan."

Response



"It is requested that rather than submit a copy of anysuch final report to all individuals on the facilitymailing list, such individuals be notified of itsavailability to them. This will focus the informationon those individuals who are interested in receivingit."

Response

Condition E.3.C of Module III requires sending a copyof only the approved summary report to all individuals,not the final report. EPA has partially accepted thiscomment. DuPont must notify all individuals on themailing list of the availability of the report. Inaddition, the notification must indicate that a copy ofthe summary report will be sent to them upon receipt ofa written request. The final HSWA permit reflects thischange.


"4 - Interim Measures

We have submitted a work plan, gained approval, andimplemented an interim measures program at thefacility. This condition should be revised toacknowledge this fact, and state that only new interimmeasures need be submitted for review. We also requestthat the permit be written to allow us to implementimmediate interim measures if necessary withnotification to EPA without formal written approval."

Response

See RespoT.?* to Comment #1.

New inter j.;.. measures, if needed, are implementedpursuant to Condition E.B.6 of Module III. ThisCondition allows implementation of interim measureswithout formal written approval from EPA, if such

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action is needed to respond to accidental releases ofhazardous waste or materials, fire or otheremergencies. DuPont must follow up with formalnotification to EPA. No change has been made to theHSWA permit.


"5. 6. and 7 - Corrective Measures Study ("CMS11) Plan;Corrective Measures Study Implementation; andCorrective Measures Study Final Report

The issue of remedial/corrective measures is alreadyaddressed in Conditions 22 through 26 of the ACO.Those conditions specify a format for development ofboth a "Feasibility Study" work plan and report.Condition E(5) of the draft permit again requires thepreparation of a document covering the same topic butin an EPA preferred format. As with several of theother permit conditions, the development of twodocuments addressing the same topic to satisfy twopreferred formats is neither practical nor reasonable.

To avoid duplication of effort, and to insureregulatory coordination, we request that this conditionbe revised to require the submittal to the RegionalAdministrator of the Feasibility Study Work Plan andFeasibility Study Report prepared in conformance withACO Condition No.s 22 through 26 "in a time framedefined in the AGO."

Response

See Response to Comment #1. No change has been made tothe HSWA permit.


"8 - Corrective Measures Selection

According to ACO Condition No. 27, the NJDEPE will makethe final selection of the remedial action alternativefor each remedial component. Draft permit conditionE(8) states that the Regional Administrator will makethe final corrective measures selection. We requestthat this condition be revised to require compliancewith ACO Condition No. 27, with the RegionalAdministrator reserving the right to review and approvethe NJDEPE-selected alternative."

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Response

EPA will make the final selection of remedial actionalternative in coordination with NJDEPE. Any technicalconflicts will be resolved between the two agenciesbefore communication with DuPont. No change has beenmade to the HSWA permit.


"Given that the RCRA Corrective Action regulations havenot yet been finalized, we request the EPA await thefinalization of these regulations rather thanincorporating specific remedy selection protocol intothis permit. The condition should be revised to tiecompliance with the eventual issuance of correctiveaction regulations, or at a minimum indicate that theregulations will supersede the interim language.11

Response

EPA has determined that, without the RCRA correctiveaction regulations, the protocol included in the draftHSWA permit are the minimum requirements needed to becomplied with. DuPont may request modification,pursuant to Condition K of Module I, of this protocolor EPA may initiate permit modification, if theprotocol turns out inconsistent with the final RCRACorrective Action regulations. No change has been madeto the HSWA permit.


"9 - Permit Modification for Corrective Measure(s)

The requirements for permit modifications to implementcorrective action will result in unnecessary delays.All plans and reports approved by the EPA should beincorporated by reference into the permit, as stated inthe draft permit Module I, Item D.I. Because thiscondition relies on cross-referencing with otherconditions, if conditions that are cross-referenced aremodified this condition may need to be modified forconsistency."

Response

EPA disagrees with DuPont that the permit modificationprocess required in the HSWA permit for selection ofthe final remedial alternative, will result inunnecessary delays. EPA will coordinate with NJDEPE toensure selection of final corrective remedy

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alternatives without unnecessary delays. The HSWApermit will be modified as needed. No change has beenmade to the HSWA permit.


"10 - Modification of the Compliance Schedule

The compliance schedule for the site investigation/remediation has already been negotiated, and isreflected in the AGO. Given the complexity and scaleof this project, it is essential that we continue toimplement the work according to a single schedule, andas such we request that this condition be modified torecognize the existence and legitimacy of the ACOschedule. This would include deletion of the AppendixC compliance schedule. We fully expect the permitlanguage to clarify that EPA reserves the right tointercede if the Regional Administrator is notsatisfied with our progress, and request that thiscondition be revised to clarify that authority.

In the context of the ACO requirements, this permit canand should be written so that permit modification* willgenerally not be necessary. This is possible becausesuch things as the compliance schedule or remedialactions are incorporated into the various document*.The permit need only reference the need for compliancewith the elements of the approved plans, rather thanproviding specific dates or formats."

Response

Any inconsistent schedules between the HSWA permit andthe ACO will be resolved during implementation ofcorrective action, to ensure implementation of onesingle schedule.

The compliance schedule in Module III and in Appendix Care minimum requirements for EPA to monitor and tomanage DuPont's corrective action program. EPA agreeswith DuPont that detailed implementation schedules,which will not be known until detailed work is defined,are included in work plans or various documents. TheHSWA permit does not include such detailed schedules.No change has been made to the HSWA permit.

- 20 -


"MODULE IV - WASTE MINIMIZATION

This HSWA permit was written primarily to addresscorrective action resulting from past waste disposalpractices at the facility. As such, we question theneed for incorporation of waste minimizationrequirements in the permit."

Response

One of the HSWA requirements is Waste Minimization.Waste minimization must be implemented by DuPont underthe HSWA permit. No change has been made to the HSWApermit.


"MODULE VII - TOXICITY CHARACTERISTICS, B. AuthorizedActivities

This condition should include narrative to documentthat TC wastes generated, but stored less than 90-days,are not subject to the limitations of this permit."

Response

NJDEPE issued the modification to the Hazardous WasteFacility (HWF) permit on February 19, 1992. Themodified permit allows storage of TC wastes in thepermitted Container Storage Areas. During the June 29,1992 telephone conversation between EPA and DuPont,DuPont indicated that TC wastes are stored in thepermitted Storage Areas. Therefore, Module VII isapplicable to the Storage Areas regardless of whetherthe TC wastes are stored less than 90 days. No changehas been made to the HSWA permit.


"APPENDIX A THROUGH D

The permit revisions that we are requesting wouldeliminate the need for these appendices. We aregenerally requesting that the NJDEPE and the terms ofthe AGO remain the focal point for the project, andthat the EPA work with and through the NJDEPE as hasbeen the practice since AGO implementation to insurethat HSWA issues are adequately addressed."

- 21 -

Response

See Response to Comment #1. No change has been made tothe HSWA permit.

(Comments # 43 through # 50 come from the letter dated Hay 18,1992 from NJDEPE. EPA's response follows each of the comments.)


"Page 2, Page II-l - Off-specification blasting capsare no longer detonated underwater in the ShootingPonds."

Response

The statement "Off-specification blasting caps aredetonated underwater in a lagoon known as the ShootingPond." is a inadvertent mistake. EPA recognizes thatthe Shooting Pond is no longer in use. Page 2 of theFact Sheet and page 1 of Module II have been revised toreflect this.


"Page 3, Page II-2 - the third sentence should beclarified to read that contamination was found only inthe non-potable private wells, not the municipal supplywells."

Response

This has been clarified in EPA's response letter, datedMay 21, 1992, to Mr. Ed Merrill, as attached to thisResponsiveness Summary. Furthermore, this has beenrevised pursuant to the Response to Comment #2.


"Page 5, Page II-4 - Coordination Between EPA andNJDEPE - the AGO requires site-wide corrective actionand off-site corrective action."

Response

This comment has been accepted. The HSWA permitreflects this change.

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"Page 5 - Why is the Acid Brook remediation consideredan 'interim action pursuant to the permit1?11

Response



"Page 1-11 - Reports, Notifications, and Submissions tothe Regional Administrator - NJDEPE, Division ofResponsible Party Site Remediation should receive acopy of all reports."

Response

This comment has been accepted. The final HSWA permitreflects this change.


"Page III-5 - Old Shooting Pond - the Interim Measureswere completed January 30, 1992."

Response



"Page III-8 - Interim Measures are underway at SWMUs 3,4, 47, 48, 56, 57, 58, and 74."

Response

Under Condition E.4 of Module III, DuPont may continueimplementing the interim measures for these SWMUs. Anyinterim measures being implemented without NJDEPE'sapproval prior to the effective date of the HSWA permitmust also be approved by EPA.


"EPA is requiring Interim Measures at SWMUs 87, 91, 95,and 97 (off-site). What type of interim measures isEPA concerned with in these areas?"

- 23 -

Response

EPA believes that main sources for the contaminatedgroundwater in the southern portion of the DuPontfacility and in the residential area southeast of theDuPont property are these four lagoons. Interimmeasures for off-site contaminated groundwater must beimmediately implemented, if further investigationindicates that reasonable measures are available.

(Comment # 51 through # 57 were verbally provided by the publicduring the public hearing held on Hay 13, 1992, 7:00 pm -9:00 pm, at the auditorium of the Pompton Lakes High School inPompton Lakes, New Jersey. EPA's response follows each of thecomments.)

51. Comment (paraphrased) - Provided by Mr. Neal Boyce, 131Vam Avenue, Pompton Lakes, New Jersey

Soils on either sides and the back of the driveway,which is at 2 Pamley Avenue, were excavated, but thedriveway and the soil underneath it have not beenexcavated. In the future, the soil may be exposed topeople.

Response

DuPont's remedial action consists of excavation ofcontaminated soils and follow-up soil sampling andanalysis. Soil samples are collected from the sidewalls and the bottom of excavated areas. Excavationmust continue to the extent that the sampling resultsshow concentrations above the cleanup standards.

As such, DuPont's remedial action for the areaspecified has also been performed to the extent toensure meeting this cleanup standards.

52. Comment (paraphrased) - Provided by Mr. Neal Boyce

The brook at one end has a wall about six feet high atthe bridge of Colfax Road and the wall height isgradually lowered down the way. There will be a floodand water will flow into the neighborhood. I can't seewhy that could be permitted.

Response

The current Remedial Action for the Acid Brook includesrestoration of the Acid Brook. The restoration program

- 24 -

must also comply with the requirements of the NJDEPEStream Encroachment program. The goal of therestoration is to remove contaminated soils and toreestablish the area to a natural condition.

In addition, DuPont is currently constructing detentionbasins within the facility, to control flooding in thearea of the Acid Brook.

53. comment (paraphrased) - Provided by Mr. Ed Merrill,Environmental Officer for the Borough of Pompton Lakes,New Jersey

On the fourth paragraph on the third page of the FactSheet, a sampling results for some of 26 privatelyowned shallow wells located southeast of the operatingplant and three municipal supply wells located inPompton Lakes Borough have showed volatile organicchemicals ranging from 3.33 ppb to 5,592.6 ppb.

There are three Borough major wells. Two wells are atthe south end of the town and the other is over theLake Inez section. The well located over Lake Inezsection is not hydraulically interconnected with theother two municipal wells.

The wording in the paragraph makes it sound like allthree Borough wells are affected by chemicals that mayhave been released in this project. This is the firsttime that such information was available to myself asEnvironmental Officer of the town. I would like aclarification.

Response

EPA's response letter dated May 21, 1992 to Mr. EdMerrill clarifies this issue. See the attached letter.

54. Comment (paraphrased) - Mr. Paul Dow, 2 Howard Street,Pompton Lakes, New Jersey

DuPont remediated one property on Walnut Street butafter the remediation, the property has a problem offlooding. DuPont should go back and correct theproblem of flooding.

Response

DuPont is currently investigating the area for apossible further remedy for flooding.

- 25 -

55. Comment (paraphrased) - Mr. Paul Dow

The property of Mr. Dow was scheduled to be remediatedthis year or early next year, but Mr. Dow was told thatit may be delayed. Furthermore, DuPont originallyproposed to start properties on the north and to workdown south along the Acid Brook. DuPont started theproperties on the north. Although DuPont has notcompleted remediation of Mr. Dow's property, DuPont iscurrently remediating properties south of Mr. Dow'sproperty. Mr. Dow wanted to know why DuPont is allowedto decide priorities of choosing properties to beremediated.

Response

At the onset of the Acid Brook remedial action, theAgency of Toxic Substances and Disease Registryrecommended that the areas with high levels of lead andmercury be remediated first and further prioritized theareas for remediation. NJDEPE, EPA, and DuPontaccepted the recommendation. The current remedialaction work complies with this schedule. As indicatedin the remedial action work plan, once the cleanup ofthe hot spots is completed, remediation will begin inthe area north following to the south along the AcidBrook.

56. Comment (paraphrased) - Provided by Mr. Robert Miller

The Hazardous and Solid Waste Amendments of 1984 (HSWA)permit will require investigations and remediation, ifdetermined needed, for the 151 SWMUs which have beenidentified up to now. Would this permit cover SolidWaste Management Units (SWMUs), which would beidentified after the issuance of the HSWA permit?

Response

Yes. Conditions A.3.b and C require DuPont toinvestigate SWMUs newly discovered after the issuanceof the HSWA permit.

57. Comment (paraphrased) - Provided by Mr. Robert Miller

Does the HSWA permit cover the wells at all?

Response

The HSWA permit covers wells to the extent that theyare contaminated by any SWMUs at the DuPont facility.

- 26 -

FACT SHEET

Permittee: E. I. du Pont de Nemours & Company, IncorporatedCannonball RoadPompton Lakes, New Jersey 07442

Facility Location: E.I. du Pont de Nemours & Company,Incorporated

Cannonball RoadPompton Lakes, Passaic County, New Jersey

EPA I.D. Number: NJD002173946

BACKGROUND

The Solid Waste Disposal Act, as amended by the ResourceConservation and Recovery Act ("RCRA") and the Hazardous andSolid Waste Amendments of 1984 ("HSWA"), codified at 42 U.S.C.§6901 et. sea, ("the Act") empowers, under Section 3005 of theAct, the United State Environmental Protection Agency ("EPA") toestablish a permit program for hazardous waste treatment,storage, and disposal ("TSD") facilities.

Under Section 3006 of the Act, 42 U.S.C. §6926, EPA may, ifcertain criteria are met, authorize a state to operate ahazardous waste program in lieu of the Federal program. Althoughthe State of New Jersey ("NJ") was granted final authorization tooperate its hazardous waste program on February 21, 1985, thisauthorization specifically excluded state administration of thenew requirements and prohibitions imposed by HSWA. By theexpressed terms of Section 3006(g) of the Act, 42 U.S.C.§6926(g), the new HSWA provisions take effect in all states,authorized or unauthorized, simultaneously. Until EPA formallyauthorizes a state to implement the HSWA provisions, along withthe other elements of the state hazardous waste program, EPA willimplement the HSWA provisions, including the issuance of full orpartial facility permit.

Until EPA authorizes NJ to administer the provisions in HSWA, NJissues the non-HSWA portion of the RCRA permit and EPA will issuethe HSWA portion of the permit. Only when both portions areissued, will the applicant be deemed to have a full RCRA permit.

The permit which EPA is prfcposlng constitutes the HSWA portion ofthe RCRA permit. NJ issued the n on-HSWA portion of the RCRApermit on July 5, 1990, Hazardous Waste Facility Permit No.1609A1HP01.

- 1 -

GENERAL FACILITY DESCRIPTION

The facility, E. I. du Pont de Nemours & Company, Incorporated("DuPont"), is located on Cannonball Road in Pompton Lakes,Passaic County, New Jersey on about six hundred (600) acres ofland, surrounded by mountainous areas (state forests) to thenorth. Lake Inez (it is now drained) to the west, and residentialareas to the south. The facility has manufactured explosives formore than 100 years, starting from 1888. The products includeexplosive powders (mercury fulminate, lead azide, etc.) andfinished products (detonating fuses, electric blasting caps,etc.).

GENERATION AND MANAGEMENT OF WASTES

Wastes generated at the facility from the explosive manufacturingprocesses include lead salts, mercury compounds, explosivepowders, chlorinated solvents, waste wire drawing solution, anddetonated off-specification blasting caps. These wastes havebeen handled in a variety of ways. Powder contaminated materialis burned on-site. Sludges and chemical wastes are drummed anddisposed of off-site. Off-specification blasting caps weredetonated underwater in a lagoon known as the Shooting Pond.Furthermore, a number of areas have been used for disposal ofvarious wastes.

RCRA REGULATED UNITS AND THEIR STATUS

The New Jersey Department of Environmental-Protection and Energy("NJDEPE") issued the non-HSWA portion of the RCRA permit to thefacility on July 5, 1990, with the permit duration of five years.The permit allows operation of the Container Storage Areas(Indoor Storage Area and Outdoor Storage Area), the StorageMagazines, the Tanks for Storage and Treatment, the Upper BurningGround, the Lower Burning Ground, and the Proposed Burning Area.

The Shooting Pond, which is a RCRA-regulated surface impoundment,was closed pursuant to the closure permit issued by NJDEPE inOcotber 1988. All the waste in the unit and contaminated subsoilbeneath the unit were removed and sent off-site for disposal, thearea was backfilled to rough grade with clean fill, and hydroseedwas planted. After review of the groundwater data for the unit,NJDEPE determined that the closure of the unit met the Stateclean closure standards, as specified in N.J.A.C. 7:26-10.6(h)let. seq. As such, no additional actions under the state RCRAprogram are required for this unit.

GROUNDWATER

The facility is underlain by two principal geologic units:crystalline bedrock and colluvial/alluvial deposits. The bedrockin the northern portion of the facility is overlain by 0-20 feet

- 2 -

of colluvial deposits consisting of poorly sorted clay, sand, andgravel, while the bedrock in the southern portion of the facilityis overlain by 15-140 feet of alluvial deposits consisting ofsand and silty sand. Gr6uridwa~ter~flow direction in~the alluvialdeposits is toward the southeast, in the direction of theresidential section of Pompton Lakes.

The results of the groundwater investigation, submitted by thefacility in July 1984 in the report entitled "Ground WaterAssessment Report", showed that the groundwater beneath the sitewas contaminated with metals and volatile organic chemicals. Italso showed that the most severe pollution existed in thesouthern area of the site near the four (4) lagoons. The lagoonshad received wastewater from various manufacturing operations.Specifically, prior to 1974, an unknown quantity of petroleum-based waste hyraulic oil was reportedly dumped into the lagoons.Prior to 1981, the lagoons were used to receive wastewater fromelectroplating operations and, prior to 1983, were used toreceive wastewater containing animal fat-based lubricants fromshell making and wire drawing operations. Until 1988, thelagoons were also used to receive a permeate discharged from thereverse osmosis process of non-hazardous wastewater, the animal-fat-based-lubricant wastewater. Pursuant to the AdministrativeConsent Order (AGO) signed between NJDEPE and the Permittee inSeptember 1988, the Permittee has stopped using the lagoons.These lagoons were interconnected and unlined.

The report submitted by the Permittee, dated June 1986, on thehydrogeologic investigation showed that groundwater beneath thesouthern plant operating area was contaminated with volatileorganics and inorganics. A plume of volatile organic chemicalscontaminated groundwater has migrated from the site toward thesoutheast and is detectable in the shallow portion of thealluvial aquifer. Sampling results for some of twenty-sixprivately owned shallow wells located southeast of the operatingplant have showed volatile organic chemicals ranging from 3.33ppb to 5592.6 ppb.

Pursuant to the ACO, the Permittee conducted groundwater samplingat off-site non-potable wells in June 1990 and found that some ofthe wells had elevated levels of organic chemicals and metalswhich were higher than Maximum Contaminant Levels (MCLs) . TheNJDEPE and the Permittee have notified residents that the wellsmust not be used for drinking, and the NJDEPE is investigatingpossibility of sealing of these wells. The Permittee also hassubmitted a workplan for remediation of the contaminatedgroundwater to the NJDEPE and the EPA, and the workplan iscurrently being reviewed. The Permittee will carry out theworkplan, as approved by EPA, as an interim measure forcorrective action under this Permit.

- 3 -

RCRA FACILITY ASSESSMENT

Section 3004(u) of RCRA, 42 U.S.C. §6924(u) (Section 206 ofHSWA), and its corresponding regulations published in 40 C.F.R.§264.101 require corrective action for all releases of hazardouswaste or hazardous constituents from any solid waste managementunit ("SWMU") , regardless of when wastes were placed in the unit.The corrective action implementation process includes a RCRAFacility Assessment ("RFA"), a RCRA Facility Investigation("RFI"), a Corrective Measures Study ("CMS"), and a CorrectiveMeasures Implementation ("CMI") phase.

The RFA for the E.I. du Pont de Nemours & Company, Incorporated,Pompton Lakes, New Jersey facility was a two-phase study whichincluded a Preliminary Review ("PR") and a Visual Site Inspection("VSI"). The EPA, with support of the NJDEPE conducted a PR anda VSI of the site and prepared a RFA report dated February 1987.The RFA report identified 46 SWMUs at the facility.

The study conducted by the Permittee pursuant to theAdministrative Consent Order ("ACO") signed by the NJDEPE and th«Permittee in September 1988 identified additional waste Sites,including the SWMUs identified by the RFA report.

Therefore, this HSWA permit, if finalized, would require thefacility to conduct corrective action investigations for allSWMUs (or waste sites) identified to date. There are 151 SWMUs.

PERMIT STATUS

When effective, this HSWA permit, in conjuction with the permitissued by the NJDEPE under the Hazardous Waste Regulations onJuly 30, 1990, will constitute the full RCRA permit for thefacility.

HSWA PERMIT

This HSWA permit requires the Permittee to:

1. Determine the nature, extent, direction, and rate ofmigration of hazardous waste, including hazardousconstituents, in soils, groundwater, surface water/sediment,subsurface gas and/or air at any solid waste managementunit(s) at the facility regardless of the time waste wasplaced in such unit,'and to develop appropriate correctiveaction for any such releases, and to implement interimmeasures for corrective action, where required;

2. Certify annually that the generation of hazardous waste isminimized to the extent practicable, and submit andimplement a hazardous waste reduction plan;

- 4 -

3. Comply with the land disposal restrictions;

4. Comply with the organic air emission standards for processvents and equipment leaks in accordance with the regulationspromulgated on July 21, 1990;

5. Comply with the Toxicity Characteristic standards inaccordance with the regulations promulgated on March 29,1990; and

6. Comply with any other applicable statutory or regulatoryrequirements imposed pursuant to RCRA and HSWA.

COORDINATION BETWEEN EPA AND NJDEPE

The AGO signed in September 1988 requires site-wide correctiveaction and off-site corrective action, addressing SWMUs andcontaminated groundwater. Since this HSWA permit, if finalized,would also require implementation of corrective action, similarto the requirements of the State AGO, the EPA and the NJDEPE willcoordinate to ensure that actions or investigations to be takenby the Permittee address Federal, EPA and State NJDEPErequirements.

Any potential conflicts between the AGO and the HSWA permit withrespect to compliance schedules can be easily resolved duringimplementation of corrective action. There are reports, studiesand work plans which have already been submitted to EPA forreview and evaluation. EPA is approving certain of thesedocuments and recording such approval as part of the HSWA permit.NJDEPE has already approved such documents, although in someinstances, the NJDEPE approval was made subject to certainconditions. EPA's approval will also incorporate such conditionsof approval.

EPA, in cooperation with NJDEPE, will evaluate other suchdocuments that have been developed to date and have already beensubmitted to EPA. It is EPA's intent to provide its approvalexpeditiously for such documents that NJDEPE may have approvedbut where such NJDEPE approval has not as yet been substantiatedto EPA. EPA will also expedite review after submittal of suchdocuments that have not as yet been submitted to EPA and whereNJDEPE approval has not as yet been substantiated to EPA. Inthose cases where NJDEPE has not as yet given its approval, EPAand NJDEPE will coordinate their review.

Any plans or reports, which are to be submitted after theeffective date of the HSWA permit, will be jointly reviewed bythe EPA and the NJDEPE prior to each agency signifying itsapproval. EPA will coordinate with NJDEPE to provide consistentreview documents. Any technical conflicts will be resolvedbetween the agencies before communication with DuPont.

- 5 -

ACID BROOK REMEDIATION

During the exploratory sampling of the area of the Acid Brook inMay 1990 through January 1991, DuPont identified contaminatedsoils off-site along the Acid Brook to the south of the facilityboundary, with high levels of mercury and lead, ranging up to100,000 ppm for lead and 5000 ppm for mercury. The Permitteesubmitted a remedial action workplan for the contamination andthe EPA and the NJDEPE jointly approved the workplan in August1991. The workplan calls for excavation of the contaminationsoils and backfill with clean fill in the areas of the about 120households. The Permittee is currently implementing remedialactions pursuant to the approved workplan. The remedial worksare expected to be completed by the end of 1993. The remedialwork will be carried out as an interim measure for correctiveaction, pursuant to this Permit.

REMEDIAL INVESTIGATION WORK PLAN

Pursuant to the AGO, DuPont submitted a Remedial InvestigationWork Plan to the NJDEPE. In a letter dated September 20, 1989 toDuPont, NJDEPE conditionally approved the Remedial InvestigationWork Plan. The final HSWA permit states that EPA is approvingthe Remedial Investigation Work Plan, by concurring the Stat*September 20, 1989 letter.

- 6 -

CERTIFIED MAILRETURN RECEIPT REQUESTED

Mr. Ed MerrillEnvironmental OfficerPompton Lakes Borough-CAC25 Lenox AvenuePompton Lakes, New Jersey 07442

Re: Municipal Wells, Pompton Lakes Borough, NJ

Dear Mr. Merrill:

This is in response to your request made during the publichearing held on May 13, 1992 at Pompton Lakes High School. Yourequested that the U.S. Environmental Protection Agency (EPA)clarify the statements in the Fact Sheet and on page II-2 of thedraft Hazardous and Solid Waste 'Amendments of 1984 (HSWA) permit,concerning groundwater data in the Municipal Wells. Yourinterpretation of the Fact Sheet and permit was that both private

'and municipal wells were contaminated with VOCs. You alsoindicated your prior understanding that, based on 1986 data, someprivate wells were contaminated with VOCs, but not the twoMunicipal Wells located downgradient from DuPont, Pompton Lakes.

The June 26, 1986 report, cited in our permit and Fact Sheet, hadbeen provided by DuPont. It indicated that^some of the 26private wells were contaminated with chemical constituents abovethe drinking water standards, but not the groundwater samplescollected from the Municipal Wells. Additional data collectedduring 1990 and 1991, which EPA has reviewed in conjunction withthe New Jersey Department of Environmental Protection and Energy(NJDEPE), confirms that no hazardous constituents were found inthe Municipal Wells that exceed drinking water standards.

If you have questions, please contact me at (212) 264-9601 orAndrew Park, of my staff, at (212) 264-8684.

Sincerely yours,

t>.Barry R, Tornick, ChiefNew Jersey/Caribbean Corrective Action SectionHazardous Waste Facilities Branch

cc: Mr. Leander Woods, DuPontBruce Venner, NJDEPE

bcc: Andrew Bellina, 2AWM-HWFBarry Tornick, 2AWM-HWFAndrew Park, 2AWM-HWF^

UNITED STATES ENVIRONMENTAL PROTECTION AGENCYHAZARDOUS AND SOLID WASTE AMENDMENTS OF 1984 PERMIT

Permittee: I.D. Number: NJD002173946E. I. du Pont de Nemours & Company, Effective Date; August ?A IQQ?

incorporated Expiration DatezAuqiist. ?&tCannonball RoadPompton Lakes, New Jersey 07442

This permit is issued by the United States EnvironmentalProtection Agency ("EPA11 or "Agency") under authority of theSolid Waste Disposal Act, as amended by the Resource Conservationand Recovery Act ("RCRA") of 1976 and the Hazardous and SolidWaste Amendments ("HSWA") of 1984, 42 U.S.C. IS 6901-6991 (the"Act"), and EPA regulations promulgated pursuant thereto, to E.I.du Pont de Nemours & Company, Incorporated (hereafter called the"Permittee"); to operate a hazardous waste management facilitylocated at Pompton Lakes, New Jersey.

In accordance with HSWA, this permit requires the Permittee to:

1. Determine the nature, extent, direction, and rate ofmigration of hazardous waste, including hazardousconstituents, in soils, groundwater, surface water/sediment,subsurface gas and/or air at any solid waste managementunit(s) at the facility regardless of the time waste wasplaced in such unit, and to develop appropriate correctiveaction for any such releases, and to implement interimmeasures for corrective action, where-required;






This-permit, in conjunction with the State permit issued onJuly 5, 1990 by the New Jersey Department of EnvironmentalProtection and Energy ("NJDEPE" or the "Department") under theHazardous Waste Regulations, constitutes the full RCRA permit forthis facility.

-i-

The Permittee must comply with all the terms and conditions ofthis permit. This permit consists of the conditions containedherein (Module I, pages 1 through 13; Module II, pages 1 through5; Module III, pages 1 through 36? Module IV, page 1 through 2;Module V, pages 1 through 2; Module VI, page 1; Module VII, page1; and the following appendices: Appendix A, Appendix B, AppendixC, and Appendix D) and the applicable regulations contained in 40C.F.R. Parts 124, 260 through 264, 268, and 270 as specified inthe permit. Applicable regulations are those which are in effecton the date of issuance of this permit, except as provided in 40C.F.R. § I24.86(c) for RCRA permits being processed under SubpartE or F of Part 124 (see 40 C.F.R. § 270.32(c)). A permit may bemodified, however, to incorporate new regulations pursuant to 40C.F.R. § 270.41(a)(3) and 40 C.F.R. $ 270.32 (C).

This permit is based on the assumption that the informationprovided in Permittee's applications, and all succeedingrevisions and data submissions, is accurate. Further, thisPermit is based, in part, on the provisions of Sections 206, 212,and 224 of HSWA, which modify Sections 3002, 3004 and 3005 ofRCRA. The permittee's failure in the application or during thepermit issuance process to disclose fully all relevant facts, orthe Permittee's misrepresentation of any relevant facts at anytime may be grounds for the termination, revocation andreissuance, or modification of this permit (see 40 C.F.R.§§ 270.41, 270.42 and 270.43) and potential enforcement action.The Permittee must inform EPA of any deviation from or changes inthe information which would affect the Permittee's ability tocomply with the applicable regulations or permit conditions.

This permit is effective as of August 21, 1992 and shall remain ineffect until August ?a, 1QQ7 unless":?rev6)ced"'and reissued, modifiedor terminated in accordance with 40 C.F.R. §§ 270.41, 270.42 or270.43, or continued in accordance with 40 C.F.R. § 270.51(a).

Simon, Director DateAip^and Waste Management DivisionUnited States Environmental Protection AgencyRegion II

-II-

iF OF CONTENTS

STATEMENT OF PERMIT i

MODULE I - STANDARD CONDITIONS

A. Effect of Permit. 1-1B. Permit Actions. 1-1C. Permit Conditions. 1-1D. Permit Submittals. 1-2

D.I Effect of Permit. 1-2D.2 Submittal Modifications 1-2

E. Severability 1-2F. Duties and Requirements 1-2

F.I Duty to Comply 1-2F.2 Duty to Reapply 1-3F.3 Permit Expiration and Continuation 1-3F.4 Need to : It or Reduce Activity Not a Defense 1-3F.5 Duty tc ; igate 1-3F.6 Proper Operation and Maintenance 1-4F.7 Duty to Provide Information 1-4F.8 Inspection and Entry 1-4F.9 Monitoring and Records 1-5F.10 Reporting Flanned Changes 1-6F.ll Anticipated Noncompliance 1-7F.12 Transfer of Permit 1-7F.13 Compliance Schedules 1-7F.14 Immediate Reporting of Releases 1-7F.15 Twenty-Four Hour Reporting ' 1-8F.16 Additional Noncompliance Reporting 1-9F.17 Other Information 1-10

G. Documents to be Maintained at the Facility 1-10H. Reports, Notifications and Submissions to the 1-10

Regional AdministratorI. Signatory Requirements 1-10J. Confidential Information 1-11K. Permit Modifit"-ions 1-11L. Definitions 1-11

L.I Action Lev(.. 1-11L.2 Area of Concern 1-11L.3 EPA 1-11L.4 Facility 1-12L.5 Hazardous Constituents 1-12L.6 Hazardous Haste 1-12L.7 Regional Administrator 1-12L.8 Release 1-12L.9 Solid Waste Management Unit 1-12

M. Dispute Resolution 1-13

-ill-

MODULE II - FACILITY DESCRIPTION

A.B.C.D.E.F.G.H.I.

General Facility DescriptionGeneration and Management of WastesRCRA Regulated Units and Their StatusGroundwaterRCRA Facility AssessmentPermit StatusHSWA PermitCoordination Between EPA and NJDEPEAcid Brook Remediation

MODULE III - CORRECTIVE ACTION REQUIREMENTS FOR SOLID

II-lII-lII-lII-2II-3II-3II-4II-4II-4

WASTEMANAGEMENT UNITS

A.

B.

C.

D.

E.

Applicability.A.I Statute and Regulations.A. 2 Summary of Corrective Action Process.A. 3 Solid Waste Management Units.

Standard Conditions for Corrective Action.B.l Work Plans.B.2 Monitoring and Records.B.3 Health/Safety Plans.B.4 Guidance Documents.B.5 Prior Submittals.B.6 Interim Measures.B.7 Determination of No Further Action.B.8 Reporting.B.9 Compliance with Governmental Requirements.B.io Notifications.

Assessment of Newly Identified Solid WasteManagement Units (SWMUs)C.I Notification.C.2 SWMU Assessment Report.C.3 SWMU Sampling and Analysis Plan.C.4 Subsequent Assessment Actions.C.5 SWMU Sampling and Analysis Report.C.6 Assessment Conclusions.

Notification Requirements for Newly-DiscoveredReleases at SWMUs.

Corrective Action Requirements.E.I RCRA Facility Investigation (RFI) Workplan.E.2 RFI Workplan Implementation.E.3 RFI Final Report and Summary Report.E.4 Interim Measures.E.5 Corrective Measures Study (CMS) Plan.E . 6 CMS Implementation .E.7 CMS Final Report.

III-lIII-lIII-lIII-4

111-16111-16111-16111-16111-16111-16111-17111-19111-20111-21111-21

111-22111-22111-23111-23111-24111-24111-24

111-25

111-25111-25111-28111-28111-29111-30111-32111-32

-IV-

E.8 Corrective Measures Selection. 111-33E.9 Permit Modification for Corrective Measure(s). 111-36E.10 Modification of the Compliance Schedule. 111-37

IV-1

A. Submittal Requirements. IV-1B. Waste Minimization Report. IV-1C. Hazardous Waste Reduction Plan (HWRP). IV-1D. Implementation of Waste Reduction Techniques. IV-2

MQPVI-E V ~ LAND DISPOSAL RESTRICTIONS

A. Background. v-1B. Storage of Restricted Wastes. V-lC. Land Disposal of Restricted Wastes. V-lD. Restriction Dates V-l

MODULE VI - ORGANIC AIR EMISSION STANDARDS FOR PROCESS VENTS ANDEQUIPMENT LEAKS

A. Background.B. Compliance Schedule.

MODULE VII - TOXICITY CHARACTERISTICS

A. BackgroundB. Authorized Activities

1. Indoor Storage Area2. Outdoor Storage Area3. Storage in MagazinesRequirements for Storage of TC Wastes

in the Authorized Container Storage AreaOther Requirements

C.

D.

APPENDIX A

APPENDIX B

APPENDIX C

APPENDIX D

VI-1VI-1

VII-1VII-1VII-1VII-1VII-2

VII-3VII-3

SCOPE OF WORK FOR A RCRA FACILITY INVESTIGATION

SCOPE OF WORK FOR A CORRECTIVE MEASURES STUDY

COMPLIANCE SCHEDULE

COMPONENTS REQUIRED FOR RCRA ANALYTICAL PATASUBMITTED TO EPA

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MODULE I - STANDARD CONDITIONS

A. EFFECT OF PERMIT. This Permit authorizes only the managementof hazardous waste expressly described in this Permit anddoes not authorize any other activities. Compliance with theterms of this Permit constitutes compliance, for purposes ofenforcement with Subtitle C ("Hazardous Waste Management")of the Act. Issuance of this Permit does not convey anyproperty rights of any sort, or any exclusive pri-'ilege; nordoes it authorize any injury to persons or property orinvasion of other private rights (40 C.F.R. §§ 270.4,270.30(g)), or any infringement of State or local laws orregulations. Compliance with the terms of this Permit doesnot constitute a defense to any action brought underSections 3013, 3008(h) or 7003 of the Act (42 U.S.C.§§ 6934, 6928(h), 6973), Sections 106 (a), 104, 107 and/or122 of the Comprehensive Environmental Response,Compensation, and Liability Act ("CERCLA") of 1980 (42U.S..C. §§ 9601 et sea.) . as amended, or any other law andcorresponding regulations governing protection of publichealth and the environment. (40 C.F.R. §§ 270.4, 270.30(g)).

B. PERMIT ACTIONS. This Permit may be modified, revoked andreissued, or terminated for cause as specified in 40 C.F.R.SS 270.41, 270.42 and 270.43. The filing of a request for apermit modification, revocation and reissuance, terminationthe notification of planned changes, anticipatednoncompliance on the part of the Permittee does not stay theapplicability or enforceability of any condition of thisPermit. (40 C.F.R. § 270.30(f)). Review of any applicationfor a permit renewal shall consider improvements in thestate of control and measurement technology, as well aschanges in applicable regulations.

C. PERMIT CONDITIONS. Pursuant to Section 3005(c)(3) of theAct, 42 U.S.C. § 6925(c)(3), promulgated as regulation 40C.F.R. § 270.32(b), this Permit contains those terms andconditions the Regional Administrator determines necessaryto protect human health and the environment. If nototherwise specified in this Permit, all the requirements of40 C.F.R. §§ 270.30, 270.31, 270.32 and 270.33 are herebyincorporated into this Permit by reference.

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D. PERMIT SUBMITTALS.

1. Effect of Permit. All plans, reports and schedules requiredby the terms of this Permit are, upon approval by EPA,except as otherwise noted in this Permit where approval isnot required, incorporated by reference into this Permit.Upon incorporation, the provisions of each such documentshall be binding upon Permittee and have the same legalforce and effect as the requirements of this Permit.

2. Submittal Modifications. Permittee shall submit draftplans and reports required by this Permit to EPA forreview and comment. Unless otherwise specified, EPAshall review any plan, report, specification orschedule submitted pursuant to, or required by thisPermit, and provide its written approval/disapproval,comments and/or modifications to the Permittee. Unlessotherwise specified by EPA, the Permittee shall submita revised proposal within thirty (30) calendar days ofits receipt of EPA's written comments and/ormodifications. Any such revised proposal submitted bythe Permittee shall incorporate EPA's comments and/ormodifications. EPA will then approve the revisedproposal or modify the proposal and approve it with anysuch modifications. The revised proposal, as approvedby EPA, shall become final. All final approvals shallbe given to the Permittee in writing.

E. SEVERABILITY. The provisions of this Permit are severable,and if any provision of this Permit or the application ofany provision of this Permit to any circumstance is stayedor held invalid, the application of such provision to othercircumstances and the remainder of this Permit shall not beaffected thereby. (40 C.F.R. § 124.16(a))

F. DUTIES AND REQUIREMENTS.

1. Duty to Comply. The Permittee shall comply with allconditions of this Permit, except that the Permitteeneed not comply with the conditions of this Permit tothe extent and for the duration such noncompliance isauthorized in an emergency permit (see 40 C.F.R.§ 270.61). Any noncompliance with this Permit, exceptunder the terms of an emergency permit, constitutes aviolation of the Act and is grounds for: 1) anenforcement action; 2) permit termination, revocationand reissuance, modification; or 3) denial of a permitrenewal application. (40 C.F.R. § 270.30(a)).

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2* Duty to Reapplv. If the Permittee wishes to continue anactivity regulated by this Permit after the expirationdate of this Permit, the Permittee shall submit acomplete application for a new permit at least onehundred and eighty (180) days before this Permitexpires, unless the Regional Administrator grantspermission for a later date which is not later than theexpiration date of the existing permit. (40 C.F.R.§§ 270.10(h) and 270.30(b)).

3. Permit Expiration and Continuation. This Permit will bein effect for the time period stated on page i, whichmust not exceed ten (10) years. Each permit for a landdisposal facility shall be reviewed by the RegionalAdministrator five (5) years after the date of permitissuance or reissuance and shall be modified asnecessary, as provided in 40 C.F.R. § 270.41 (40 C.F.R.§ 270.50). However, as set forth in 40 C.F.R.§ 270.51, as long as EPA is the permit issuingauthority for HSWA, this Permit and all conditionsherein will remain in effect beyond this Permit'sexpiration date if the Permittee has submitted atimely, complete application (40 C.F.R. 55 270.13through 270,23 and 270.10) and through no fault of thePermittee, the Regional Administrator has not issued anew permit as set forth in 40 C.F.R. § 124.15.

If the State, at the time of permit renewal, haspermitting authority under 40 C.F.R. Part 271 for HSWA,and if the Permittee has submitted a timely andcomplete application under State law and regulations,the terms and conditions of this Permit continue inforce beyond the expiration date of the Permit, butonly until the effective date of the State's issuanceor denial of a State permit which includes measurespursuant to HSWA.

4. Need to Halt or Reduce Activity Not a Defense. It shallnot be a defense for the Permittee in an enforcementaction that it would have been necessary to halt orreduce the permitted activity in order to maintaincompliance with the conditions of this Permit. (40C.F.R. § 270.30(c)).

5. Dutv to Mitigate. In the event of noncompliance withthis Permit, the Permittee shall take all reasonablesteps to minimize releases to the environment, andshall carry out such measures as are reasonable toprevent significant adverse 'impacts on human health orthe environment. (40 C.F.R, § 270.30(d)).

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6. Proper Operation and Maintenance. The Permittee shallat all times properly operate and maintain allfacilities and systems of treatment and control (andrelated appurtenances) which are installed or used bythe Permittee to achieve compliance with the conditionsof this Permit. Proper operation and maintenanceincludes effective performance, adequate funding,adequate operator staffing and training, and adequatelaboratory and process controls, including appropriatequality assurance procedures. This provision requiresthe operation of back-up or auxiliary facilities orsimilar systems only when necessary to achievecompliance with the conditions of this Permit. (40C.F.R. § 270.30(e)).

7. Duty to Provide Information. The Permittee shallfurnish to the Regional Administrator, within areasonable time, any relevant information which theRegional Administrator may request to determine whethercause exists for modifying, revoking and reissuing, orterminating this Permit, or to determine compliancewith this Permit. The Permittee shall also furnish tothe Regional Administrator, upon request, copies ofrecords required to be kept by this Permit. (40 C.F.R.§§ 270.30(h) and 264.74(a)).

8. Inspection and Entry. The Permittee shall allow theRegional Administrator, or an authorizedrepresentative, upon the presentation of credentialsand other documents as may be required by law, to:

a. Enter at reasonable times upon the Permittee'spremises where a regulated facility or activity islocated or conducted, or where records must bekept under the conditions of this permit;

b. Have access to and copy, at reasonable times, anyrecords that must be kept under the conditions ofthis Permit;

c. Inspect at reasonable times any facilities,equipment (including monitoring and controlequipment), practices, or operations regulated orrequired under this Permit; and

d. Sample or monitor, at reasonable times, for thepurposes of assuring compliance with this Permitor as otherwise authorized, any substances orparameters at any location.

(40 C.F.R. §§ 270.30(i)(1-4) and 264.74(a)).

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9. Monitoring and Records.

a. Representativeness of Samples and Measurements.Samples and measurements taken for the purpose ofmonitoring all media shall be representative ofthe monitored activity. (40 C.F.R.§ 270.30(j)(1)). The method used to obtain arepresentative sample of the waste orenvironmental media to be analyzed must be theappropriate method from Appendix I of 40 C.F.R.Part 261, an equivalent method approved by theRegional Administrator, or NJDEPE's FieldProcedures Manual for Data Acquisition.Laboratory methods must be those specified in TestMethods for Evaluating Solid Waste:Physical/Chemical Methods (EPA Publication SW-846,as currently amended), or an equivalent methodapproved by the Regional Administrator. (40 C.F.R.§ 270.6)

b. Quality Assurance Program. The Permittee shallconduct a quality assurance program to ensure thatthe monitoring data are technically accurate andstatistically valid. The quality assuranceprogram shall be in accordance with Test Methodsfor Evaluating Solid Waste; Physical/ChemicalMethods (EPA Publication SW-846, as currentlyamended) and other requirements specified in thisPermit and approved by EPA. '(40 C.F.R.§§ 270.30(e) and 270.6).

c. Minimum OA/OC Submittals. The minimum QualityAssurance/Quality Control data and informationthat shall be delivered with all sample analysesrequired by this Permit are tabulated in Appendix£ of this Permit.

d. Retention of Records. The Permittee shall retain,for the effective term of this Permit, all recordsand data used to complete the application for thisPermit. (40 C.F.R. §§ 270.10(i) and270.30(j)(2)).

The Permittee shall also retain records from allgroundwater monitoring wells and associatedgroundwater surface elevations, for the activelife of the facility, and for disposal facilitiesfor the post-closure care period as well. (40C.F.R. S 270.30(j)(2)).

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In addition the Permittee shall also retainrecords of all other media monitoring, ifrequired, including calibration and maintenancerecords and all original strip chart recordingsfor continuous air monitoring instrumentation,copies of all reports and records required by thisPermit, and the certification required by 40C.F.R. § 264.73(b)(9), for the life of thefacility. (40 C.F.R. § 270.30(j)(2)).

Records to be kept for the active life of thefacility include only raw data (i.e., laboratoryand field measurements) results. QA/QC datavalidation records need only be kept for theeffective term of this Permit.

e. Contents of Monitoring Records. Records formonitoring information shall include:

i. The date, exact place, and time of samplingor measurements;

ii. The individual(s) who performed the samplingor measurements;

iii. The date(s) analyses were performed;

iv. The individual(s) who performed the analyses;

v. The sampling techniques or methods used;

vi. The analytical techniques or methods used;and

vii. The results of such analyses.

(40 C.F.R. § 270.30(j)(3)).

f. Monitoring Reports. Monitoring results must bereported at the intervals specified elsewhere inthis Permit. (40 C.F.R. S 270.30(1) (4)).

10. Reporting Planned Changes. The Permittee shall givenotice to the Regional Administrator as soon aspossible of any planned physical alterations oradditions to the permitted facility. (40 C.F.R.§ 270.30(1)(1)).

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11. Anticipated Noncompliance. The Permittee shall giveadvance notice to the Regional Administrator of anyplanned changes in the permitted facility or activitywhich may result in noncompliance with this Permit'srequirements. This notice must include a descriptionof all incidents of noncompliance reasonably expectedto result from the proposed changes. (40 C.F.R.§ 270.30(1)(2)).

12. Transfer of Permit. This Permit is not transferable toany person unless notice has been given to the RegionalAdministrator and this Permit has been modified, orrevoked and reissued, or a modification made toidentify the new permittee and to incorporate suchother requirements as may be necessary. (40 C.F.R.§§ 270.30(1)(3) and 270.40).

13. Compliance Schedules. Reports of compliance ornoncompliance with or any progress reports on, interimand/or final requirements contained in any complianceschedule of this Permit shall be submitted no laterthan fourteen (14) calendar days following eachschedule date. (40 C.F.R. §§ 270.30(i)(5) and270.33(a)(3)).

The Permittee shall comply with all parts of theCompliance Schedule included in Appendix £ of thisPermit.

14. Immediate Reporting of Releases.

a. Whenever there is an imminent or actual emergencysituation, the emergency coordinator as designatedin the contingency plan (or a designee when theemergency coordinator is on call) mustimmediately:

i. Activate internal facility alarms orcommunication systems, where applicable, tonotify all facility personnel; and

ii. Notify appropriate State or local agencieswith designated response roles if their helpis needed.

(40 C.F.R. 5 264.56(ft)(1-2))

If the emergency coordinator determines that thefacility has had a release, fire, or explosionwhich could threaten human health, or theenvironment, outside the facility, the coordinatormust report the findings as follows:

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i. If the coordinator's assessment indicatesthat evacuation of local areas may beadvisable, she/he must immediately notifyappropriate local authorities. She/he mustbe available to help appropriate officialsdecide whether local areas should beevacuated; and

ii. The coordinator must immediately notifyeither the government official designated asthe on-scene coordinator for thatgeographical area in the applicable regionalcontingency plan or the National ResponseCenter (using their 24-hour toll free number800/424-8802). The report must include:

(1) Name and telephone number of reporter;

(2) Name and address of facility;

(3) Time and type of incident (e.g.,release, fire);

(4) Name and quantity of material(s)involved, to the extent known;

(5) The extent of injuries, if any; and

(6) The possible hazards to human health, orthe environment, outside the facility

(40 C.F.R. S 264.56(d)).

15. Twenty-four Hour Reporting.

a. The Permittee shall orally report to the RegionalAdministrator any noncompliance with this Permitwhich may endanger health or the environmentwithin 24 hours from the time the Permitteebecomes aware of the circumstances, including:

i. Information concerning the release of anyhazardous waste, including hazardousconstituents, that may cause an endangermentto public drinking water supply sources;

"ii. Any information ~of a~~release"or discharge ofhazardous Waste, including h~aZ'ardoUS*constituents, or a fire or explosion at thefacility, which could threaten theenvironment or human health outside thefacility. The description of the occurrenceand its cause shall include:

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(1) Name, address, and telephone number ofthe owner or operator;

(2) Name, address, and telephone number ofthe facility;

(3) Date, time, and type of incident;

(4) Name and quantity of material(s)involved;

(5) The extent of injuries, if any;

(6) An assessment of actual or potentialhazards to the environment and humanhealth outside the facility, where thisis applicable; and

(7) Estimated quantity and disposition ofrecovered material that resulted fromthe incident.

(40 C.F.R. § 270.30(1)(6)(i-ii)).

b. A written submission shall also be provided to theRegional Administrator within five (5) calendardays of the time the Permittee becomes aware ofthe circumstances. The written submission shallcontain a description of th6 noncompliance and itscause; the period of noncompliance including exactdates and times; and if the noncompliance has notbeen corrected, the anticipated time it isexpected to continue; and steps taken or plannedto reduce, eliminate, and prevent reoccurrence ofthe noncompliance. The Permittee need not complywith the 5-day written notice requirement if theRegional Administrator waives that requirement infavor of a written report within fifteen (15)calendar days of the time the Permittee becomesaware of the circumstances. (40 C.F.R.§ 270.30(1)(6)(iii)).

16. Additional Noncompliance Reporting. The Permitteeshall report all instances of noncompliance notrequired to be reported under Module I, ConditionsF.9.f. F.13 or F.15. Such additional noncomplianceshall be reported at the time monitoring andnoncompliance reports are submitted. The reports shallcontain the information listed in Module I, ConditionF.15. and all other relevant information. (40 C.F.R.§ 270.30(1)(10)).

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17. Other Information. Whenever the Permittee becomesaware that it failed to submit any relevant facts inthe permit application, or submitted incorrectinformation in a permit application or in_any report tothe Regional Administrator, the Permittee shallpromptly submit such new or correct facts orinformation to the Regional Administrator. (40 C.F.R.§ 270.30(1)(11)).

G. DOCUMENTS TO BE MAINTAINED AT THE FACILITY. The Permitteeshall maintain at the facility all documents required bythis Permit, and amendments, revisions and modifications tothese documents.

H. REPORTS. NOTIFICATIONS AND SUBMISSIONS TO THE REGIONALADMINISTRATOR. All reports, notifications or othersubmittals required by this Permit are to be submitted tothe Regional Administrator unless otherwise directed in thisPermit and sent certified mail or given to:

Two (2) copies:

United States Environmental Protection AgencyAir and Waste Management DivisionHazardous Waste Facilities BranchRegion II26 Federal PlazaNew York, New York 10278

Copies shall also be sent to the following addresses:

One (1) copy:

United States Environmental Protection AgencyOffice of Policy and ManagementPermits Administration BranchRegion II26 Federal PlazaNew York, New York 10278

A minimum of three (3) copies:

New Jersey Department of Environmental Protection and EnergyDivision of Responsible Party Site Remediation401 East State StreetCN-028Trenton, New Jersey 08625

I. SIGNATORY REQUIREMENTS*.All reports, or informationsubmitted to the Regional Administrator shall be signed andcertified in accordance with 40 C.F.R. § 270.11. (40 C.F.R.§ 270.30(k)).

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J. CONFIDENTIAL INFORMATION. The Permittee may claimconfidential any information required to be submitted bythis Permit in accordance with 40 C.F.R. § 270.12 and 40C.F.R. Part 2, Subpart B.

K. PERMIT MODIFICATION. This Permit may be modified as allowedunder 40 C.F.R. §§ 270.41 and 270.42, or as specified inConditions E.9 and E.10 of Module III of this Permit.Modifications to this Permit may be made by th« RegionalAdministrator for cause in accordance with 40 C.F.R.§ 270.41. Modifications to this Permit may also be requestedby the Permittee as is provided for in 40 C.F.R. § 270.42.

L. DEFINITIONS. For the purpose of this Permit, terms usedherein shall have the same meaning as those set forth in 40C.F.R. Parts 260 through 270, unless this Permitspecifically states otherwise; where terms are not otherwisedefined, the meaning associated with such terms shall bedefined by a st. • - ;;rd dictionary reference or the generallyaccepted scientific or industrial meaning of the term.

1. Action Levels. For purposes of this Permit, actionlevels are hazardous constituent concentrations thatare protective of human health or the environment.Where available, action levels are based on appropriatepromulgated standards established for a specificenvironmental medium. When such promulgated standardsare not available, action levels^are media specific,hazardous constituent concentrations derived from non-promulgated human health-based levels and environmental-based level:-. An action level may be set at thebackground ;t al for a hazardous constituent for whichdata are inadequate to set a human health orenvironmental health-based level.

2. Area of Concern fAOC). Pursuant to the authoritygranted by 40 C.F.R. § 270.32(b)(2), an area of concernis hereby defined for purposes of this permit to meanan area at the facility or an off-site area, which isnot at this time known to be a solid waste managementunit (SWMU), where hazardous waste and/or hazardousconstituents are present or are suspected to be presentas a result of a release from the facility. The termshall include area(s) of potential or suspectedcontamination as well as actual contamination. Sucharea(s) may require study and a determination of what,if any corrective action may be necessary. All permitreferences to, and conditions for SWMUs shall alsoapply to areas of concern.

3. EPA. The United States Environmental ProtectionAgency.

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4. Facility. All contiguous land, structures, otherappurtenances, and improvements on the land used fortreating, storing, or disposing of hazardous waste. Afacility may consist of several treatment, storage, ordisposal operational units (e.g., one or morelandfills, surface impoundments or combination ofthem). For the purposes of implementing CorrectiveAction "Facility" means all contiguous property underthe control of the owner or operator seeking a permitunder Subtitle C of RCRA.

5. Hazardous Constituents* Those constituents identifiedin Appendix VIII of 40 CFR Part 261, or any constituentidentified in Appendix IX of 40 CFR Part 264.

6. Hazardous Waste. For the purposes of Corrective Actionand SWMUs, hazardous waste means a solid waste, orcombination of solid wastes, which because of itsquantity, concentration, or physical, chemical, orinfectious characteristics may cause, or significantlycontribute to, an increase in mortality or an increasein serious irreversible, or incapacitating reversibleillness; or pose a substantial present or potentialhazard to human health or the environment whenimproperly treated, stored, transported, or disposedof, or otherwise managed. The term hazardous wasteincludes hazardous constituents as defined above andhazardous waste listed and identified in 40 C.F.R.§ 261.3.

7. Regional Administrator. The Regional Administrator ofthe United States Environmental Protection Agency forRegion II, his designee or authorized representative.

8. Release. For purposes of this Permit release includes,but is not limited to, any spilling, leaking, pumping,pouring, emitting, emptying, discharging, inj ecting,escaping, leaching, dumping, or disposing into theenvironment of any hazardous waste, including hazardousconstituent, unless expressly authorized under theterms of this Permit.

9. Solid Waste Management Unit fSWMUK A SWMU includes anydiscernible waste management unit from which hazardouswaste, including hazardous constituents, have migratedor may migrate, irrespective of whether the unit wasintended for the management of hazardous or solidwastes as those terms are defined in § 1004(5) and (27)of the Act, 42 U.S.C. § 6903(5) and (27) and in 40C.F.R. §§ 261.2 and 261.3. These units include, but arenot limited to: landfills, surface impoundments, wastepiles, land treatment units, tanks, elementary

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neutralization units, transfer stations, containerstorage areas, incinerators, injection wells, recyclingunits, and closed and abandoned units. Certain areasassociated with production processes which have becomecontaminated as a result of routine, and systematicreleases of wastes, or hazardous constituents fromwastes, are also considered SWMUs. All permitreferences to, and conditions for SWMUs shall alsoapply to AOCs.

M. DISPUTE RESOLUTION. The Permittee shall use its best effortsto informally and in good faith resolve all disputes ordifferences of opinion. If, however, disputes ariseconcerning submissions required under this Permit,including, but not limited to, implementation of any plans,approval of documents, scheduling of any of the work,selection, performance or completion of any correctiveaction, or any other obligation required under this Permit,the Permittee shall notify EPA immediately of such disputesand, within thirty (30) calendar days of notification, thePermittee shall submit a written statement to the EPA, thatargues its position. The written argu- r ; r. shall set forththe Permittee's specific points of contention; thePermittee!s position and reason for its position; and anyadditional matters that the Permittee considers necessary orrelevant for the EPA!s determination. If the dispute cannotbe resolved informally within sixty (60) calendar days ofEPA receipt of the written argument, EPA will provide thePermittee its decision on the dispute'which shall beincorporated into this Permit.

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MODULE II - FACILITY DESCRIPTION

A. GENERAL FACILITY DESCRIPTION

The facility, E. I. du Pont de Nemours & Company, Incorporated("DuPont"), is located on Cannonball Road in Pompton Lakes,Passaic County, New Jersey on about six hundred (600) acres ofland, surrounded by mountainous areas (state forests) to thenorth, Lake Inez (it is now drained) to the west, and residentialareas to the south. The facility has manufactured explosives formore than 100 years, starting from 1888. The products includeexplosive powders (mercury fulminate, lead azide, etc.) andfinished products (detonating fuses, electric blasting caps,etc.) .

This Permit will enable DuPont to operate a hazardous wastemanagement facility, while continuing to operate its commercialbusiness at the site. As Permittee, DuPont will be responsiblefor investigating, analyzing and preparing for the remediation ofhazardous waste conditions in soils, groundwater, subsurfacesoils or air, at its facility, regardless of when the waste wasplaced in the facility. The Permittee will also carry outcertain remedial interim measures pursuant to the Permit wherecontamination has already been identified, both on and off-site.

B. GENERATION AND MANAGEMENT OF WASTES

Wastes generated from the explosive manufacturing processesinclude lead salts, mercury compounds, explosive powders,chlorinated solvents, waste wire drawing solution, and detonatedoff-specification blasting caps. These wastes have been handledin a variety of ways. Powder contaminated material is burned on-site. Sludges and chemical wastes are drummed and disposed ofoff-site. Off-specification blasting caps were detonatedunderwater in a lagoon known as the Shooting Pond. Furthermore,a number of areas have been used for disposal of various wastes.

C. RCRA REGULATED UNITS AND THEIR STATUS

The New Jersey Department of Environmental Protection and Energy("NJDEPE") issued the non-HSWA portion of the RCRA permit to thefacility on July 5, 1990, with the permit duration of five years.The permit allows operation of the the Container Storage Areas(Indoor Storage Area and Outdoor Storage Area), the StorageMagazines, the Tanks for Storage and Treatment, the Upper BurningGround, the Lower Burning Ground, and the Proposed Burning Area.

The Shooting Pond, which is a RCRA-regulated surface impoundment,was closed pursuant to the closure permit issued by NJDEPE inOcotber 1988. All the waste in the unit and contaminated subsoilbeneath the unit were removed and sent off-site for disposal, thearea was backfilled to rough grade with clean fill, and hydroseed

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was planted. After review of the groundwater data for the unit,NJDEPE determined that the closure of the unit met the Stateclean closure standards, as specified in N.J.A.C. § 7:26-10.6(h) 1et. sea. As such, no additional actions under the State RCRAprogram are required for this unit.

D. GROUNDWATER

The facility is underlain by two principal geologic units:crystalline bedrock and colluvial/alluvial deposits. The bedrockin the northern portion of the facility is overlain by 0-20 feetof colluvial deposits consisting of poorly sorted clay, sand, andgravel, while the bedrock in the southern portion of the facilityis overlain by 15-140 feet of alluvial deposits consisting ofsand and silty sand. Groundwater flow direction in the alluvialdeposits is toward the southeast, in the direction of theresidential section of Pompton Lakes.

The results of the groundwater investigation, submitted by thefacility in July 1984 in the report entitled "Ground WaterAssessment Report11, showed that the groundwater beneath the sitewas contaminated with metals and volatile organic chemicals. Italso showed that the most severe pollution existed in thesouthern area of the site near the four (4) lagoons. The lagoonshas received wastewater from various manufacturing operations.Specifically, prior to 1974, an unknown quantity of petroleum-based waste hyraulic oil was reportedly dumped into the lagoons.Prior to 1981, the lagoons were used to receive wastewater fromelectroplating operations and, prior to 1983, were used toreceive wastewater containing animal fat-based lubricants fromshell making and wire drawing operations. Until 1988, thelagoons were also used to receive a permeate discharged from thereverse osmosis process of non-hazardous wastewater, the animal-fat-based-lubricant wastewater. Pursuant to the AdministrativeConsent Order (ACO) signed between NJDEPE and the Permittee inSeptember 1988, the Permittee has stopped using the lagoons.These lagoons were interconnected and unlined.

The report submitted by the Permittee, dated June 1986, on thehydrogeologic investigation showed that groundwater beneath thesouthern plant operating area was contaminated with volatileorganics and inorganics. A plume of volatile organic chemicalscontaminated groundwater has migrated from the site toward thesoutheast and is detectable in the shallow portion of thealluvial aquifer. Sampling results for some of twenty-sixprivately owned shallow wells located southeast of the operatingplant have showed volatile organic chemicals ranging from 3.33ppb to 5592.6 ppb.

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Pursuant to the AGO, the Permittee conducted groundwater samplingat off-site non-potable wells in June 1990 and found that some ofthe wells had elevated levels of organic chemicals and metalswhich were higher than Maximum Contaminant Levels (MCLs). theNJDEPE and the Permittee have notified residents that the wellsmust not be used for drinking, and the NJDEPE is investigatingpossibility of sealing of these wells. The Permittee also hassubmitted a workplan for remediation of the contaminatedgroundwater to the NJDEPE and the EPA, and the workplan iscurrently being reviewed. The Permittee will carry out theworkplan, as approved by EPA, as an interim measure forcorrective action under this Permit.

E. RCRA FACILITY ASSESSMENT

Section 3004(u) of RCRA, 42 U.S.C. §6924(u) (Section 206 ofHSWA), and its corresponding regulations published in 40 C.F.R.§264.101 require corrective action for all releases of hazardouswaste or hazardous constituents from any solid waste managementunit ("SWMU"), regardless of when wastes were placed in the unit.The corrective action implementation process includes a RCRAFacility Assessment ("RFA"), a RCRA Facility Investigation("RFI"), a Corrective Measures Study ("CMS"), and a CorrectiveMeasures Implementation ("CMI") phase.

The RFA for the E.I. du Pont de Nemours & Company, Incorporated,Pompton Lakes, New Jersey facility was a two-phase study whichincluded a Preliminary Review <"PR") and a-Visual Site Inspection("VSI"). The EPA, with support of the NJDEPE conducted a PR anda VSI of th.e site and prepared a RFA report dated February 1987.The RFA report identified 46 SWMUs at the facility.

The study conducted by the Permittee pursuant to theAdministrative Consent Order ("AGO") signed by the NJDEPE and thePermittee in September 1988 identified additional waste Sites,including the SWMUs identified by the RFA report.

This HSWA permit, if finalized, would require the facility toconduct corrective action investigations for 151 SWMUs (or wastesites) identified to date.

F. PERMIT STATUS

When effective, this HSWA permit, in conjuction with the permitissued by the NJDEPE under the Hazardous Waste Regulations onJuly 5, 1990, will constitute the full RCRA permit for thefacility.

- II-3 -

G. HSWA PERMIT

This HSWA permit requires the Permittee to:

1. Determine the nature, extent, direction, and rate ofmigration of hazardous waste, including hazardousconstituents, in soils, groundwater, surface water/sediment,subsurface gas and/or air at any solid waste managementunit(s) at the facility regardless of the time waste wasplaced in such unit, and to develop appropriate correctiveaction for any such releases, and to implement interimmeasures for corrective action, where required;






H. COORDINATION BETWEEN EPA AND NJDEPE

The ACO signed in September 1988 requires site-wide correctiveaction and off-site corrective action, addressing SWMUs andcontaminated groundwater. Since this HSWA permit, if finalized,would also require implementation of corrective action, similarto the requirements of the State ACO, the EPA and the NJDEPE willcoordinate to ensure that actions or investigations to be takenby the Permittee address Federal EPA and State NJDEPErequirements.

I. ACID BROOK REMEDIATION

During the exploratory sampling of the area of the Acid Brook inMay 1990 through January 1991, DuPont identified contaminatedsoils off-site along the Acid Brook to the south of the facilityboundary, with high levels of mercury and lead, ranging up to100,000 ppm for lead and 50OO ppm for mercury. The Permitteesubmitted a remedial action workplan for the contamination andthe EPA and the NJDEPE jointly approved the workplan in August1991. The workplan calls for excavation of the contaminationsoils and backfill with clean fill in the areas of the about 120

- II-4 -

households. The Permittee is currently implementing remedialactions pursuant to the approved workplan. The remedial worksare expected to be completed by the end of 1993. The remedialwork will be carried out in an interim measure for correctiveaction, pursuant to this Permit.

- II-5 -

MODULE III - CORRECTIVE ACTION REQUIREMENTSFOR SOLID WASTE MANAGEMENT UNITS

A. APPLICABILITY

1. Statute and Regulations. Section 3004(u) of the Act, 42U.S.C. § 6924(u), and its corresponding regulationspublished in 40 C.F.R. § 264.101 require correctiveaction for all releases of hazardous wastes, includinghazardous constituents, from any solid waste managementunit ("SWMU") at a storage, treatment or disposalfacility seeking a permit, regardless of the time atwhich waste was placed in such unit. Section 3004(v) ofthe Act, 42 U.S.C. § 6924(v) requires that correctiveaction be taken beyond the facility boundary wherenecessary to protect human health and the environment.Pursuant to Section 3005(c) of the Act, 42 U.S.C.§ 6925(c), and its corresponding regulations publishedin 40 C.F.R. 5 270.32(b)(2), the Regional Administratornay impose terms and conditions as the Administratordetermines necessary to protect human health and theenvironment.

2. Summary of Corrective Action Process. Corrective actionimplementation authorized by Section 3004(u) of theAct, 42 U.S.C. § 6924(u) includes: (a) the RCRAFacility Assessment ("RFA"); (b) the RCRA FacilityInvestigation ("RFI"); and (c) the Corrective Measures("CM"). The RFA is a three phase process thatincludes: (a) the Preliminary Review ("PR"); (b) theVisual Site Inspection ("VSI"); and (c) the SamplingVisit <"SV"). The PR is a review of all availableinformation on the individual SWMU(s). During the PR,and in subsequent phases of the RFA, all of the media(i.e., soil, groundwater, surface water/sediment, airand subsurface gas) that could potentially be impactedby the release(s) of hazardous wastes, includinghazardous constituents, are evaluated. Based on thisreview, the SWMUs are characterized as to their releasepotentials.

Following the PR, a VSI is conducted during which allof the SWMUs, either previously or newly discovered,are observed. While performing this reconnaissance, anysigns of spills or leakage, stained soil, stressedvegetation, unit deterioration, or any other conditionsthat may be indicative of a release are assessed. Bymeans of these observations and the findings of the PR,EPA may require the facility to conduct 6 Samplingvisit at the areas where releases are suspected.

III-l

The sv can involve any or all of the previouslydescribed media at any given SWMU. For those unitswhere releases are clearly demonstrated in the PRand/or VSI, the SV can be avoided leaving the unit(s)to be addressed in the RFI.

The RFA includes preparing the RFA report. This reportincludes the findings of the various RFA activities andrecommendations for further action at those units withdemonstrated releases of hazardous wastes, includinghazardous constituents. In some cases, where animmediate threat to human health or the environmentexists, interim corrective measures may be required.

If the RFA concludes that there is a need for furtherinvestigative work, the Permittee shall be required topursue phase two of corrective action, an RFI. Thepurpose of the RFI is to determine the nature, extent,direction, and rate of migration of hazardous wastes,including hazardous constituents, in soils,groundwater, surface water/sediment, subsurface gasand/or air. Based on these multimedia analyses, thetypes and concentrations of contaminants present, theboundaries of any contamination (e.g., plumes), and therate and direction of contaminant movement can bedetermined in each of the impacted media. Sufficientdata shall be generated during the RFI to allow properassessment of corrective measure alternatives. Thismay require bench and/or pilot studies to beimplemented as part of the RFI. Once all theseanalyses are reviewed, a RFI report is prepared thatprovides a summation of the data and recommendationsfor any needed corrective measures.

The culmination of the Corrective Action Program isCorrective Measures ("CM"). The initial stage of theCorrective Measures phase is the preparation of aCorrective Measures study ("CMS"). A CMS may berequired if concentrations of hazardous constituents inan aquifer, in surface water/sediment, in soils, or inair exceed their action levels for any contaminatedmedium. Such a study may also be required ifindividual concentrations of hazardous constituents areat or below action levels, but still may pose a threatto human health or the environment due to site specificexposure conditions. The CMS will address alternativecorrective measure strategies that are technologicallyfeasible and reliable and which effectively mitigateand minimize damage to, and provides adequateprotection of, human health and the environment. ThePermittee will develop the site-specific CMS usingtarget cleanup levels chosen by the Regional

III-2

Administrator to be protective of human health and theenvironment. Where available, they may be promulgatedhealth-based standards, such as Maximum ContaminantLevels ("MCLs") established under the Safe DrinkingWater Act. Where promulgated standards are notavailable, EPA may use other health-based levels, basedon Risk-Specific Doses ("RSD") for carcinogens, andReference Doses ("RfD") for systemic toxicants, orconcentration levels protective of the environment,that have undergone scientific review. The CMS reportshould provide a discussion of the alternativecorrective measure strategies studied, addressingtechnical, institutional, public health, andenvironmental issues, and develop the conceptualengineering for the alternative action selected by thefacility. The CMS may not require extensive evaluationof a number of remedial alternatives where a solutionis straight forward or if few solutions exist. Suchsituations could require the Permittee to submit ahighly focused CMS.

Following completion of the CMS, the RegionalAdministrator will select the corrective measure(s)from the corrective measures evaluated in the CMS. TheRegional Administrator will then initiate a permitmodification for the selected corrective measure(s).Subsequent to the permit modification, the owner oroperator of the facility will be required todemonstrate financial assurance 'for completing theapproved corrective measure(s).

Permit modification for the approved correctivemeasure(s) will initiate the final stage of correctivemeasures, Corrective Measures Implementation ("CMI").The CMI will address the final design, construction,operation, maintenance, and monitoring of thecorrective measure or measures selected.

The corrective action process also includes carryingout certain Interim Measures for corrective action ininstances where contamination of soil or groundwater,both on and off-site, has already been identified andcorrective measures have been designed afterappropriate study and analysis. The Interim Measuresand SWMUs to which they apply are listed in ConditionA.3 of this Module, below.

III-3

3. Solid Waste Management Units. The conditions of thisModule apply to:

a. All the SWMUs listed in this Module individuallyor in combinations;

b. Any additional SWMUs identified during the courseof groundwater monitoring, field investigations,environmental audits or other means as describedin Module Condition £. below; and

c. The SWMUs listed below were identified by the RFAreport dated February 1967, and by theinvestigations conducted by the Permittee.

The RFA for the Pompton Lakes, New Jersey E.I. duPont de Nemours & Company, Incorporated facilityincluded a PR and a VSI. Based on the PR and VSi,the SWMUs were characterized as to their releasepotential and evaluated as to which media couldpotentially be impacted by such potentialreleases. The EPA, with support of the NJDEPEcompleted the RFA in February 1987 and it isavailable for review at U.S. EPA Region II,Permits Administration Branch, Room 505, 26Federal Plaza, New York, New York 10278.

The actions identified below are required for theSWMUs. The SWMUs are located and identified on amap, entitled "RCRA/Solid Waste Management Units"prepared by CONOCO ENVIRONMENTAL GEOSCIENCE forDuPont, dated February 19, 1992, which is hereinincorporated by reference.

III-4

SWMUs Corrective Action Status andMedia to be Tnvestiaated

1. Old Shooting Pond

2. Upper BurningGround

3. Old LeadRecycling Area

4. Sludge Pile andBurning Pit

5. Shooting Pond

6. Shooting PondSludge Pile

7. ZirconiumDisposal Area

8. Mercury Fulminateand Lead AzideStorage Tank A

9. Mercury Fulminateand Lead AzideStorage Tank B

10. MercuryFulminate and LeadAzide Storage Tank C

11. Buried Rags

12. MercuryFulminate Platform

13. Powder Dry HouseImpoundment

14. 50/25/25 DrainFilter Tank

- Interim Measure (IM) required.- Full RFI required for soil and• roundwater.

- RCRA-regulated unit.RFI required for soil.

- IM required.- Full RFI required for soil andgrcundwater.

- IM required.- Full RFI required for soil andgroundwater.

- RCRA-regulated unit. Clean closed- No action required.

- Included in the clean closure ofSWMU #5.- No action required.

- ls_t-phase RFI required for soil.

- ls_£-phase RFI required for soil.

- l££-phase RFI required for soil


-phase RFI required for soil

- ls_£-phase RFI required for soil

- ls_£-phase RFI required for soil

- lsj;-phase RFI required for soil

III-5

SWMUs Corrective Action Status andMedia to be Tnvestiaated

15. Figure 8 BowlSludge Dump

16. Mop Station/SinkOverflow No.l

17. Mop Station/SinkOverflow No.2

18. Lead Azide Ponds

19. Lead Azide Tanks


21. RDX/PETNImpoundment

22. Lead SaltLagoons

23. Sodium Azide Pit

24. Sodium AzideRinsewater StorageTank

25. Lead NitrateRinsewater StorageTank

26. MercuryFulminate and LeadAzide Storage Tank D

27. MercuryFulminate KillingPlatform

28. Lead StyphnatePit

29. Lead StyphnateKilling Shed No.l

- Ifit-phase RFI required for soil.

- l£fc-phase RFI required for soil.


- ls±-phase RFI required for soil.


- lfi£-phase RFI required for soil.

- IfiJt-phase RFI required for soil.


- l£fc-phase RFI required for soil.

- l££-phase RFI required for soil.



RFI required for soil.

- Ifit-phase RFI required for soil

- ls±-phase RFI required for soil

III-6

SWMUs Corrective Action Status and.Media to be Investigated

30. Lead StyphnateKilling Runoff Area

31. MercuryFulminate and LeadAzide Storage Tank £


33. Triple FilterCollection Tank



36. Powder TransferSumps

37. Laboratory Sump


39. North BiazziDryer Baffle Box

40. BiazziAlcohol/WaterStorage Shed

41. South BiazziDryer Baffle Box

42. BariumPeroxide/SeleniumMixing House

43. Mop Station/SinkOverflows No. 8


- IsJ -phase RFI required for soil.







- l£t-phase RFI required for soil.


- l£i-phase RFI required for soil.

- l£t-phase RFI required ftr soil.


- Ifii-phase RFI required for soil.

_•, -Ist phase RFI required for soil.

- ifii-phase RFI required for sc:l.

III-7

SWMUs Corrective Action Status andMedia to be Investigated



47. Black PowderMill

48. Delay TubeManufacturingBuilding


50. Sawdust Rumbler

51. Mop Station/SinkOverflow No,13

52. MercuryFulminate StorageBuilding



55. Cap PressingArea

56. Sawdust Pile

57. Old Cap TestArea

58. Burned Wire Dump

59. Cap Test Well

- l£t-phase RFI required for soil




- is -phase RFI required for soil.

- l££-phase RFI required for soil,

- is -phase RFI required for soil.


RFI required for soil.





- IM required.- Full RFI is required for soil andgroundwater.


III-8


60. Lower BurningGround

61. Lead RecyclingArea


63. Boron/Red LeadWastewater Tank No.l

64. Boron/Red LeadWastewater Tank No.2

65. Delay LoaderImpoundment

66. Boron/Red LeadSand Filter

67. Test Well No. 1

68. Lead StyphnateKilling Shed No. 2

69. GasolineUnderground StorageTank No.1

70. ExperimentalLead AzideLaboratory


72. Powder SumpTanks

73. Assembly MachineSolvent Sump

74. MercuryFulminate Plant

- RCRA-regulated unit.- l££-phase RFI required for soil.

- Full RFI required for soil andgroundwater.

- IsJ^-phase RFI required for soil.





- ls_fc-phase RFI required for soil.

- Isi-phase RFI required for soil.


- IsJ^-phase RFI required for soil

RFI required for soil


- lsj£-phase RFI required for soil


III-9

SWMUs Corrective Action Status and—Media-t-o be Investigated

75. MercuryFulminate Fume LineNo. 1

76. MercuryFulminate Fume LineNo. 2

77. Scrap Metal Area

78. Former Fuel OilTank

79. Machine ShopSolvent Sump No.l

80. Shell Plant ROSystem

81. Machine ShopSolvent Sump No.2

82. MercuryFulminate TransferPlatform

83. Old ElectricShop

84. ControlLaboratory ChemicalSink Drain Pit

85. ControlLaboratory ChemicalSink Drain Tank

86. Pickling AcidTanks

87. Lagoon No. 1

88. Machine ShopScrap Dump

~ l££-phase RFI required for soil


- Full RFI required for soil andgroundvater.










-""Full RFI'required for "soiT andgroundwater.- IM required, (off-site)


111-10


89. Acid Crock

90. Old Paint Shop

91. Lagoon No. 2

92. Hand LineSolvent Dump

93. Old Boron/RedLead Area

94. Test Well No. 2

95. Lagoon No. 4

96. Test Well No. 3

97. Lagoon No, 3

98. Old Hand LineArea

99. Fuze Works

100. Old DetonatorAssembly Area

101. Salvage Yard

102..Rivet LineLagoon

103. General Dump



- Full RFI required for soil andgroundwater.- IM required, (off-site)







- ls£-phase RFI required for soil




- Full RFI is required for soil andgroundwater.


III-ll

SWMUs Corrective Action Status andMedia to _be Investigated

104. CanisterDisposal

105. Scrap MetalDump

106. SewageTreatment Plant

107. Shooting GroundAbove the MainOffice

108. Old CladdingTunnel

109. Old Fuze Works

110. Barrel DumpArea

111. Tunnel ResidueDump

112. LakefrontMagazines

113. Lake Inez

114. Upper Dump

115. Lead CarbonateSludge Pile

116. Sanitary SewerSludge Pile

117. BallestiteOperation

118. Acid Brook

119. Northwest Bankof Lake Inez



- ig^-phase RFI required for soil.

- Is -phase RFI required for soil.

" lfi£-phase RFI required for soil,

- Isjfc-phase RFI required for soil.



- ls£-phase RFI required for soil.





- l£i-phase RFI required for soil.

- IM required, (off-site)- Full RFI required for soil andgroundwater.


111-12





123. MopStation/SinkOverflow No.18











• lfi£-phase RFI required for soil.




- lg£-phase RFI required for soil.


- Isjfc-phase RFI required for soil.

™ lg£-phase RFI required for soil.



111-13

SWMUs Corrective Action Status and jMedia to be Investiaated







138. BiazziAlcohol/WaterStorage Shed





143. Powder SumpTank 1

- Ifil-phase RFI required for soil.

- lfi£-phase RFI required for soil



- Ifil-phase RFI required for soil

~ l££-phase RFI required for soil



* Ifii-phase RFI required for soil.




111-14

4. Prior Submittals. EPA has evaluated the followingdocuments submitted by the Permittee pursuant to theAdministrative Consent Order (ACO) signed between thePermittee and the New Jersey Department ofEnvironmental Protection and Energy (NJDEPE):

a. EPA approves the document "Remedial InvestigationWork Plan for Pompton Lakes Works (Revision 3),November 1989**, by concurring with theSeptember 20, 1989 letter from NJDEPE;

b. EPA approves the document "Remedial Action WorkPlan for Pompton Lakes Works - Acid Brook Cleanup,April 1991", by concurring with the August 22,1991 letter from NJDEPE;

c. EPA approves the document "Interim RemedialMeasures Closure Plan - Waste Piles #WP - 8, 9&10,August 5, 1991", by concurring with theJanuary 30, 1992 letter from the NJDEPE;

d. EPA approves the document "Interim RemedialMeasures Plan from Waste Sites 47 & 48,October 28, 1991", by concurring with theJanuary 16, 1992 letter from NJDEPE; and

e. EPA approves the document "Site-Wide Ground WaterMonitoring Program and Field Operation Program,October 29, 1991", by concurring with the April 9,1992 letter from NJDEPE.

III-15-a

SWMUs Corrective Action Status andMedia to be Investiaated

144. Powder SumpTank 2

145. Tunnel ResidueDump

146. LakefrontMagazine 1










- Igt-phase RFI required for soil


- l£i-phase RFI required for soil


First-Phase RFI: The purpose of the first phase RFI isto confirm any releases from these SWMUs. The firstphase RFI differs from a full RFI in the extent anddegree of investigations required.

The Permittee shall follow Conditions C.3, C.4. C.5.and C.6 of this Module for the first-phase RFI.

Full RFI: The purpose of the full RFI is to determinethe nature, rate, and extent of migration of hazardouswaste or hazardous constituents.

The Permittee shall follow Conditions E.1. E.2. and E.3of this Module for the full RFI.

Interim Measures; The purpose of Interim Measures isto carry out corrective action for certain SWMUs in thenear future in those instances where contamination hasbeen identified, both on and off-site. The Permitteeshall follow Condition £.4 for implementation of theInterim Measures.

111-15

B. STANDARD CONDITIONS FOR CORRECTIVE ACTION

1. Work Plans. All work plans submitted pursuant to thisModule shall include:

e

a. Quality Assurance/Quality Control protocols toensure that data generated is valid and supportedby documented procedures;

b. Other plans, specifications and protocols, asapplicable;

c. A schedule for starting specific tasks, completingthe work and submitting progress and finalreports; and

d. Plans for the treatment, storage, discharge ordisposal of wastes to be generated by activitiesdescribed therein.

2. Monitoring and Records. Requirements for monitoring andrecords shall be in accordance with Permit ConditionF.9 of Module I of this Permit.

3. Health/Safety Plans. The Permittee shall develop,according to applicable Federal, State and localrequirements, and submit to the Regional Administrator,health and safety plans that will be implemented toensure that the health and safety of project personnel,plant personnel and the general public are protected.These plans are not subject to approval by the RegionalAdministrator.

'4. Guidance Documents. When preparing the submissionsdescribed in this Module, the Permittee shall followapplicable guidance documents issued by EPA and the NewJersey Department of Environmental Protection andEnergy in a manner reflecting reasonable technicalconsiderations.

5. Prior Submittals. The Permittee may have alreadysubmitted portions of information, plans, or reportsrequired by this Permit Module and its Appendices tothe Regional Administrator pursuant to the terms ofprevious applications, consent orders, or plans. Forthose items the Permittee contends were submitted tothe Regional Administrator, the Permittee may cite thespecific document(s) and page(s) it believes adequatelyaddresses each of the individual items requested bythis Permit Module and its Appendices. The references,by document(s) and page(s), shall be placed in theappropriate sections of the submittals that require the

111-16

referenced information and data. If the RegionalAdministrator, after a file search, determines that itdoes not possess any of the referenced information,plans, or reports that the Permittee claims werepreviously submitted, the Regional Administrator willnotify the Permittee and the Permittee shall submit,thereferenced documents within the time frame specifiedwithin the notification.

6. Interim Measures,

a. If at any time it is determined by the RegionalAdministrator that a release or, based on site-specific circumstances, a threatened release ofhazardous waste, including hazardous constituents,from a SWMU, or a combination of SWMUs, poses athreat to human health or the environment, or thatsuch condition jeopardizes the Permittee's abilityto comply with any governmental permit, thePermittee shall submit a draft interim correctivemeasures study to the Regional Administrator forapproval within thirty (30) calendar days ofnotice of such a determination. This study shallconsider, among other relevant factors, thecharacter, the extent, direction, the rate ofrelease, the proximity to population, the exposurepathways, the effects of delayed action, and theevaluations of appropriate interim correctivemeasures. Upon approval of- the study by theRegional Administrator, the Permittee shallimplement the required interim corrective measuresas specified by the Regional Administrator.Nothing herein shall preclude the Permittee fromtaking immediate action to address the conditionsdescribed herein and promptly notifying theRegional Administrator.

b. In the event the Permittee discovers a release or,based on site-specific circumstances, a threatenedrelease of hazardous wastes, including hazardousconstituents, from a SWMU, or a combination ofSWMUs, that poses a threat to human health or theenvironment, the Permittee shall identify interimcorrective measures to mitigate this threat. ThePermittee shall immediately summarize the natureand magnitude of the actual or potential threatand nature of the interim measures beingconsidered and notify the Regional Administratorverbally within 24 hours and in writing within 5days. Within thirty (30) calendar days of theverbal notification to the Regional Administrator,the Permittee shall submit to the Regional

111-17

Administrator, for approval, an interim correctivemeasures work plan for the interim measures. ThePermittee shall implement the measures specifiedby the Regional Administrator. Nothing hereinshall preclude the Permittee from taking immediateaction to address the conditions described hereinand promptly notifying the Regional Administrator.

c. The following factors may be considered by theRegional Administrator in determining the need forinterim corrective measures:

i. Time required to develop and implement afinal corrective measure;

ii. Actual and potential exposure of human andenvironmental receptors;

iii. Actual and potential contamination ofdrinking water supplies and sensitiveecosystems;

iv. The potential for further degradation of anyimpacted medium;

v. Presence of hazardous waste, includinghazardous constituents, in containers thatmay pose a threat of release;

vi. Presence and concentration of hazardouswaste, including hazardous constituents, insoils that have the potential to migrate toground water or surface water;

vii. Weather conditions that may affect thecurrent levels of contamination;

111-18

viii. Risks of fire, explosion, or potentialexposure to hazardous waste, includinghazardous constituents, as a result of anaccident or failure of container or handlingsystem; and

ix. Other situations that may pose threats tohuman health and the environment.

7. Determination of No Further Action

a. Based on the results of the RFI for a particularSWMU, or combination of SWMUs, and other relevantinformation, the Permittee may submit anapplication to the Regional Administrator for aClass III permit modification under 40 C.F.R.§270.42(c) to terminate the subsequent correctiveaction requirements of this Module. This permitmodification application must contain informationdemonstrating that there are no releases ofhazardous wastes, including hazardousconstituents, from such SWMUs that pose a threatto human health or the environment, as well asinformation required in 40 C.F.R. §270.42(c),which incorporates by reference 40 C.F.R. §§270.13through 270.21, 270.62, and 270.63.

If, based upon review of the Permittee's requestfor a permit modification, the results of the RFI,and other information, including comments receivedduring the sixty (60) calendar day public commentperiod required for Class III permitmodifications, the Regional Administratordetermines that the release(s) or the suspectedrelease(s) investigated either are non-existent ordo not pose a threat to human health or theenvironment, the Regional Administrator may grantthe requested modification.

b. A determination of no further action shall notpreclude the Regional Administrator fromimplementing the following actions:

i. Modifying this Permit at a later date torequire the Permittee to perform suchinvestigations as necessary to comply withthe requirements of this Permit Module andits Appendices if new information orsubsequent analysis indicates that there are,or are likely to be, releases from SWMUs thatmay pose a threat to human health or theenvironment; and

111-19

ii. Requiring continued or periodic monitoring ofair, soil, groundwater, surfacewater/sediment or subsurface gas, ifnecessary to protect human health and theenvironment, when site-specific circumstancesindicate that release(s) of hazardous waste,including hazardous constituents, are likelyto occur from any SWMU.

8. Reporting.

a. The Permittee shall submit, to the RegionalAdministrator, signed progress reports, asspecified in approved work plans pursuant to thisPermit, of all activities (i.e., SWMU Assessment,Interim Measures, RCRA Facility Investigation,Corrective Measures Study) conducted pursuant tothe provisions of the Corrective Action Scheduleof Compliance, beginning no later than thirty (30)calendar days after the Permittee is firstrequired to begin implementation of anyrequirement herein. These reports shall contain:

i. A description of the work completed duringthe reporting period;

ii. Summaries of all findings made during thereporting period, including summaries oflaboratory data;

iii. Summaries of all changes made during thereporting period;

iv. Summaries of all contacts made withrepresentatives of the local community andpublic interest groups during the reportingperiod;

v. Summaries of all problems or potentialproblems encountered during the reportingperiod and actions taken to rectify problems;

vi. Changes in personnel conducting or managingthe corrective action activities during thereporting period;

vii. Projected work for the next reporting period;and

viii. Copies of daily reports, inspection reports,laboratory/monitoring data, etc., generatedduring the reporting period, which are

111-20

critical to the implementation of thecorrective action program required by thisModule.

b. Upon request, copies of other relevant reports anddata not identified in Condition B.S.a of thisNodule shall be made available to the RegionalAdministrator.

c. The Regional Administrator may require thePermittee to conduct new or more extensiveassessments, investigations, or studies, basedupon information provided in the progress reportsreferred to in Condition B.S.a of this Moduleabove, or upon other supporting information.

d. All plans and schedules required by the conditionsof this Permit Module and Appendix £ of thisPermit are, upon approval of the RegionalAdministrator, incorporated into this Permit byreference and become an enforceable part of thisPermit. Any noncompliance with such approvedplans and schedules shall be termed noncompliancewith this Permit. Extensions of the due dates forsubmittals may be granted by the RegionalAdministrator in accordance with the permitmodification processes under 40 C.F.R. §270.41.

9. Compliance with Governmental Requirements. Duringinvestigative activities, interim corrective measures,and final corrective measures (including, but notlimited to, equipment decommissioning, excavation andunit demolition) required under this Module, thePermittee shall ensure that the transportation,treatment, storage, discharge, and disposal of allcontaminated materials generated as a result of suchactivities (including, but not limited to, soils,sediments, 1iquids, tanks, pipes, pumps, rubble,debris, and structural materials) are performed in anenvironmentally sound manner pursuant to all applicableFederal, State and local requirements and that isprotective of public health and the environment.Nothing in this Module shall be construed to requirethe Permittee to proceed in a manner which is inviolation of any such requirements.

10. Notifications.

a. Notification of Groundwater Contamination. If atany time the Permittee discovers that hazardousconstituents in groundwater that may have beenreleased from a solid waste management unit at the

111-21

facility have migrated beyond the facilityboundary in concentrations that exceed actionlevels the Permittee shall, within fifteen (15)calendar days of discovery, provide written noticeto the Regional Administrator and any person whoowns or resides on the land which overlies thecontaminated groundwater.

b. Notification of Air Contamination. If at any timethe Permittee discovers that hazardousconstituents in air that may have been releasedfrom a solid waste management unit at the facilityhave or are migrating to areas beyond the facilityboundary in concentrations that exceed actionlevels and that residences or other places atwhich continuous, long-term exposure to suchconstituents might occur are located within suchareas, the Permittee shall, within fifteen (15)calendar days of such discovery:

i. Provide written notification to the RegionalAdministrator; and

ii. Initiate any actions that may be necessary toprovide notice to all individuals who have ormay have been subject to such exposure.

c. Notification of Residual Contamination. Ifhazardous wastes or hazardous constituents insolid waste management units, or which have beenreleased from solid waste management units, willremain in or on the land, including groundwater,after the term of the permit has expired, theRegional Administrator may require the Permitteeto record, in accordance with State law, anotation in the deed to the facility property orin some other instrument which is normallyexamined during titled search that will, inperpetuity, notify any potential purchaser of theproperty of the types, concentrations, andlocations of such hazardous wastes or hazardousconstituents. The Regional Administrator mayrequire such notice as part of the correctivemeasures selection process.

C. ASSESSMENT OF NEWLY IDENTIFIED SWMUs.

"1. Notification. The Permittee shall notify the RegionalAdministrator, in writing, of any additional SWMUs notlisted in this Module, which are identified during thecourse of groundwater monitoring, field investigations,environmental audits, or other means within fifteen

111-22

(15) calendar days of such identification.

2. SWMU Assessment Report. Within thirty (30) calendardays after notifying of the Regional Administrator, thePermittee shall submit a SWMU Assessment Report. ThisReport must provide, at a minimum, the followinginformation for each newly identified SWMU:

a. Type of unit;

b. Location of each unit on a topographic map ofappropriate scale;

c. Dimensions, capacities and structural descriptionof the unit (supply available engineeringdrawings);

d. Function of unit;

e. Dates that the unit was operated;

f. Description of the wastes that were placed orspilled at the unit;

g. Description of any known releases from the unit(to include groundwater data, soil analyses, airmonitoring data, and/or surface water/sedimentdata);

h. The results of any sampling and analysis requiredfor the purpose of determining whether releases ofhazardous waste, including hazardous constituents,have occurred, are occurring, or are likely tooccur from the unit; and

i. Whether this unit, individually or in combinationwith other units listed in Module Condition A.3.of this Module is a significant source ofcontaminant release*

3. SWMU Sampling and Analysis Plan. Within thirty (30)calendar days after submittal of the SWMU AssessmentReport required in Condition C.2 of this Module, thepermittee shall submit a Plan in accordance with mostrecent version of the New York State Department ofEnvironmental Conservation f'NYSDEC'M RCRA QualityAssurance Project Plan Guidance. Appendices A and B ofthe AGO, or most recent version of the plJpEPE RemedialInvestigation Guide for any sampling and analysis ofground water, land surface and subsurface strata,surface waters/sediment or air, as necessary todetermine whether a release of hazardous waste,

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including hazardous constituents, from such unit(s) hasoccurred, is likely to have occurred, or is likely tooccur. The SWMU Sampling and Analysis Plan mustdemonstrate that the sampling and analysis program, ifapplicable, is capable of yielding representativesamples and must include parameters sufficient toidentify migration of hazardous waste, includinghazardous constituents, from the newly-discoveredSWMU(s) to the environment.

4. Subsequent Assessment Actions. Following submission ofthe SWMU Assessment Sampling and Analysis Plan setforth in Condition C.3. of this Module, subsequentactivities for the Plan shall proceed in accordancewith the following schedule:

a. Meeting between the Permittee, the Agency and theDepartment to discuss Plan comments, asappropriate.

b. Submission of a revised Plan to the RegionalAdministrator within thirty (30) calendar days ofthe above-described meeting. (If the RegionalAdministrator determines that the above referencedmeeting is not necessary, the Permittee shallsubmit a revised Plan to the RegionalAdministrator, according to a schedule specifiedby the Agency, not to exceed forty-five (45)calendar days after Permittee's receipt of Plancomments from the Regional Administrator.); and

c. Begin implementation of the Plan within thirty(30) days following written approval from theRegional Administrator for the Plan.

5. SWMU Sampling and Analysis Report. Within thirty (30)calendar days of receipt by the Permittee of validatedanalytical data generated under the approved SWMUSampling and Analysis Plan, the Permittee shall submita SWMU Sampling and Analysis Report to the RegionalAdministrator. The Report shall follow reportingrequirements in the approved Plan and describe allresults obtained from the implementation of theapproved Plan.

6. Assessment Conclusions. Based on the results of theSWMU Sampling and Analysis Report, the RegionalAdministrator shall determine the need for furtherinvestigations at specific unit(s) covered in eitherthe SWMU Assessment Report or the SWMU Sampling andAnalysis Report. If the Regional Administratordetermines that such investigations are needed, the

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Regional Administrator shall by written notificationrequire the Permittee to prepare and submit forapproval a RCRA Facility Investigation Work Plan inaccordance with Condition E.I et. seg. of this Module.

D. NOTIFICATION REQUIREMENTS FOR NEWLY-DISCOVffREP RELFflffEP ATSWMUS

The Permittee shall notify the Regional Administrator, inwriting, of any release(s) of hazardous waste, includinghazardous constituents, discovered during the course ofground-water monitoring, field investigation, environmentalauditing, or other activities no later than fifteen (15)calendar days after discovery. Such newly-discoveredreleases may be from newly-identified units, from units forwhich, based on the findings of the RFA, the RegionalAdministrator had previously determined that no furtherinvestigation was necessary, or from units investigated aspart of an RFI. Based on the information provided in thenotification the Regional Administrator shall determine theneed for further investigation of the release(s). If theRegional Administrator determines that such investigationsare needed, the Regional Administrator shall, by writtennotification, require the Permittee to prepare and submitfor approval a RCRA Facility Investigation Work Plan inaccordance with Condition E.I et. seq. of this Module.

E. CORRECTIVE ACTION REQUIREMENTS

1. RCRA Facility Investigation f'RFI"! Work Plan

a. Within sixty (60) calendar days of the effectivedate of this Permit, the Permittee shall submit tothe Regional Administrator, for approval a RCRAFacility Investigation Task I Report or CurrentConditions required by Task I of the RFI Scope ofWork included in this Permit as Appendix &. ATask I Report shall be submitted for approvalwithin sixty (60) calendar days after the writtennotification by the Regional Administrator that anRFI is required pursuant to conditions C.6 and/orJ2 of this Module.

b. Within ninety (90) calendar days of the effectivedate of this Permit, the Permittee shall submit tothe Regional Administrator for approval a RCRAFacility Investigation Task II Report on the Pre-Investigation Evaluation of Corrective MeasuresTechnologies required by RFI Scope of Workincluded in this Permit as Appendix &. A Task IIReport shall be submitted for approval withinninety (90) calendar days after the written

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notification by the Regional Administrator that anRFI is required pursuant to Condition C.6 and/or fiof this Module. — —-

c. Within one hundred and twenty (120) calendar daysafter the effective date of this Permit, thePermittee shall submit for approval a RFI WorkPlan to the Regional Administrator to addressthose units, releases of hazardous waste,including hazardous constituents, and media ofconcern which require the further investigations.A RFI Work Plan shall be submitted within ninety(90). calendar days after written notification bythe Regional Administrator that an RFI is requiredpursuant to Conditions C.6 and/or fi of thisModule.

i. The Work Plan shall describe the objectivesof the investigation and the overalltechnical and analytical approach tocompleting all actions necessary tocharacterize the nature, direction, rate,movement, and concentration of releases ofhazardous waste, including hazardousconstituents, from specific SWMUs or groupsof SWMUs, and their actual or potentialreceptors. The Work Plan shall detail allproposed activities and procedures to beconducted at the facility and/or off-site,the schedule for implementing and completingsuch investigations, the qualifications ofpersonnel performing or directing theinvestigations, including contractorpersonnel, and the overall management of theRFI.

ii. The Work Plan shall discuss sampling, datacollection strategy, methods of sampleanalysis, as well as quality assurance anddata management procedures, including formatsfor documenting and tracking data and otherresults of investigations, and health andsafety procedures.

iii. The Work Plan must, at a minimum, address allnecessary activities or include descriptionsto meet the requirements specified in TasksIII through Task-V- of the Scope of Work for aRCRA Facility Investigation included in thisPermit as Appendix & and its attachments.

iv. The Permittee may determine that any of the

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ii. Submission of a revised Report to theRegional Administrator within forty-five (45)calendar days of the above-described meeting.(If the Regional Administrator determinesthat the above referenced meeting is notnecessary, the Permittee shall submit arevised Report to the Regional Administrator,according to a schedule specified by theAgency, not to exceed sixty (60) calendardays after Permittee's receipt of Reportcomments from the Regional Administrator.)

c. After the Regional Administrator approves the RFIFinal Report and Summary Report, the Permitteeshall notify all individuals on the facilitymailing list established pursuant to 40 C.F.R.§124.10(c)(1) of availability of the approvedSummary Report, within thirty (30) calendar daysof receipt of approval. The notification mustalso state that a copy of the Summary Report willbe provided to any of those individuals, uponreceipt of a request.

d. A report summarizing the testing program requiredby Task VI of the Scope of Work for RFI inAppendix & to this Permit shall be submitted, as aseparate document, at the same time as the RFIFinal Report.

4. Interim Measures

a. Within thirty (30) calendar days of the effectivedate of this Permit, the Permittee shall submitall studies, plans and supporting documents to EPAin connection with implementation of InterimMeasures, as required for the SWMUs identified inthe Table in Condition A.3.c. EPA shall review,modify and approve such measures and shall notifyPermittee in writing of its determination(s)within fifteen (15) days after receipt of completematerials from the Permittee. In its discretion,Permittee may submit materials that already havebeen submitted to the NJDEPE in fulfilling thisrequirement.

-b. The Permittee shall continue implementing theinterim measures for the QWMUa identified in theTable in Condition A.3.C of this Module, pendingEPA review, modification and approval of suchmeasures.

c. The Permittee must submit to the EPA and NJDEPE

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within thirty (30) calendar days of the effectivedate of this Permit, documents establishingfinancial assurance for conducting the interimmeasures. The Permittee must continue todemonstrate financial assurance unless otherwisenotified by EPA.

5. Corrective Measures Study ("CMS"! Plan

a. Should a CMS be required, the RegionalAdministrator shall notify the Permittee inwriting. This notice shall identify the hazardousconstituent(s) which have exceeded action levelsas well as those which have been determined tothreaten human health and the environment givensite specific exposure conditions or due toadditive exposure risk. The notification shallspecify target cleanup levels for hazardousconstituents detected in each medium of concern,and may also specify corrective measurealternatives to be evaluated by the Permitteeduring the CMS.

b. The Regional Administrator may require aCorrective Measures Study ("CMS") under thefollowing conditions:

i. If the concentrations of hazardousconstituents in groundwater, surfacewater/sediment, soil, or air exceed theircorresponding individual action levels;

ii. If the concentrations of hazardousconstituents in groundwater, surfacewater/sediment, soil, or air do not exceedtheir corresponding individual action levels,but additive exposure risk due to thepresence of multiple constituents is notprotective of human health; or

iii. If the concentrations of hazardousconstituents in groundwater, surfacewater/sediment, soil, or air do not exceedcorresponding individual action levels, butstill pose a threat to human health or -theenvironment, given site-specific exposureconditions.

c. The CMS will be considered complete uponcompletion of Tasks I through IV of the Appendix £of this Permit. Within sixty (60) calendar daysafter the notification required by Condition E.S.a

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of this Module, the Permittee shall complete TaskI and submit to EPA a Task I report and documents,if any, relevant to other Tasks.

111-31

d. The Permittee shall submit CMS Plan to theRegional Administrator within sixty (60) calendardays after the notification required by ConditionE.S.a of this Module.

i. The CMS Plan shall provide:

(1) A description of the general approach toinvestigating and evaluating potentialcorrective measures;

(2) A definition of the overall objectivesof the study;

(3) The specific plans for evaluatingcorrective measures to ensure compliancewith corrective measure standards;

(4) The schedule for conducting the study;and

(5) The proposed format for the presentationof information.

ii. The CMS Plan must address, at a minimum, allnecessary activities to complete Tasks II andIII of Appendix fi of this Permit.

e. Following submission of the CMS Plan set forth inCondition E.S.d of this Module, subsequent-activities for the Plan shall proceed inaccordance with the following schedule:

i. Meeting between the Permittee, the Agency andthe Department to discuss Plan comments, asappropriate.

ii. Submission of a revised Plan to the RegionalAdministrator within thirty (30) calendardays of the above-described meeting. (If theRegional Administrator determines that theabove referenced meeting is not necessary,the Permittee shall submit a revised Plan tothe Regional Administrator, according to aschedule specified by the Agency, not toexceed forty-five (45) calendar days afterPermittee's receipt of Plan comments from theRegional Administrator.)

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corrective Measures study Implementation No later thanthirty (30) calendar days after the Permittee hasreceived written approval from the RegionalAdministrator for the CMS Plan, the Permittee shallbegin to implement the CMS according to the schedulesspecified in the CMS Plan. The CMS shall be conductedin accordance with the approved plan submitted pursuantto Condition E.5 of this Module.

Corrective Measures Study Final Report

a. Within forty-five (45) calendar days after thecompletion of the CMS, the Permittee shall submita CMS Final Report (Task IV of Appendix B of thisPermit). The CMS Final Report shall:

i. Summarize the results of the investigationsand, if applicable, of any bench-scale orpilot tests conducted;

ii. Provide a detailed description of thecorrective measures evaluated and include anevaluation of how each corrective measurealternative meet the standards set forth inCondition E.S.a of this Module;

iii. Present all information gathered under theapproved CMS Plan; and

iv. Contain any additional information to supportthe Regional Administrator in the correctivemeasure selection decision-making process,described under Condition E.8. of thisModule.

b. The CMS Final Report (Task IV of Appendix B ofthis Permit) roust address, at a minimum, all itemsnecessary to demonstrate completion of Task II andIII required by the CMS Scope of Work included inAppendix £ of this Permit.

c. Following submission of the CMS Report set forthin Module Condition E.7.a, subsequent activitiesfor the Report shall proceed in accordance withthe following schedule:

i. Meeting between the Permittee, the Agency,and the Department to discuss the Reportcomments, as appropriate.

ii. Submission of a revised Report to theRegional Administrator within thirty (30)

111-33

days of the above-described meeting. (If theRegional Administrator determines that theabove referenced meeting is not necessary,the Permittee shall submit a revised Reportto the Regional Administrator, according to aschedule specified by the Agency, not toexceed forty-five (45) calendar days afterPermittee's receipt of Report comments fromthe Regional Administrator.)

d. As specified under Condition E.S.a of this Module,based on preliminary results and the CMS FinalReport, the Regional Administrator may require thePermittee to evaluate additional correctivemeasures or particular elements of one or moreproposed corrective measures.

8. Corrective Measures Selection

a. Based on the results of the documents submittedunder Condition E.3 of this Module for the RFI,under Condition E.7 of this Module for the CMS,and any further evaluations of additionalcorrective measures under this study, the RegionalAdministrator shall select a corrective measuresthat, at a minimum, will meet the followingstandards:

i. Be protective of human health and theenvironment;

ii. Attain media cleanup standards selected bythe Regional Administrator during thecorrective measures selection process;

iii. Control the source(s) of release(s) so as toreduce or eliminate, to the maximum extentpracticable, further releases of hazardouswaste, including hazardous constituents, thatmight pose a threat to human health and theenvironment; and

iv. Meet all applicable waste managementrequirements.

b. In selecting the corrective measure(s) which meetsthe standards for remedies established underModu:e Condition E.S.a. the Regional Administratorshall consider the following evaluation factors,as appropriate:

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i. Long-term reliability and effectiveness. Anypotential corrective measure(s) may beassessed for the long-term reliability andeffectiveness it affords, along with thedegree of certainty that the correctivemeasure(s) will prove successful. Factorsthat shall be considered in this evaluationinclude:

(1) Magnitude of residual risks in terms ofamounts and concentrations of hazardouswaste, including hazardous constituents,remaining following implementation of acorrective measure(s), considering thepersistence, toxicity, mobility andpotential to bioaccumulate of suchhazardous wastes, including hazardousconstituents;

(2) The type and degree of long-termmanagement required, includingmonitoring and operation andmaintenance;

(3) Potential for exposure of humans andenvironmental.receptors to remaininghazardous wastes, including hazardousconstituents, considering the potentialthreat to human health and theenvironment associated with excavation,transportation, redisposal orcontainment;

(4) Long-term reliability of the engineeringand institutional controls, includinguncertainties associated with landdisposal of untreated hazardous wastes,including hazardous constituents, andtheir residuals; and

(5) Potential need for replacement of thecorrective measure(s).

ii. Reduction of toxicity, mobility, or volume.A potential remedy(s) may be assessed as tothe degree to which it employs treatment thatreduces toxicity, mobility or volume ofhazardous wastes, including hazardousconstituents. Factors that shall beconsidered in such assessments include:

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(1) The treatment processes the correctivemeasure(s) employs and materials itwould treat;

(2) The amount of hazardous wastes,including hazardous constituents, thatwould be destroyed or treated;

(3) The degree to which the treatment isirreversible;

(4) The residuals that will remain followingtreatment, considering the persistence,toxicity, mobility and propensity tobioaccumulate of such hazardc wastes,including hazardous constituents; and

(5) All concentration levels of hazardouswaste, including hazardous constituents,in each medium that correctivemeasure(s) must achieve to be protectiveof human health and the environment.

iii. The short-term effectiveness of a potentialcorrective measure(s) may be assessedconsidering the following:

(1) Magnitude of reduction of existingrisks;

(2) Short-term risks that might be posed tothe community, workers, or theenvironment during implementation ofsuch a corrective measure(s), includingpotential threats to human health andthe environment associated withexcavation, transportation, andredisposal or containment; and

(3) Time until full protection is achieved.

iv. Implementability. The ease or difficulty ofimplementing a potential correctivemeasure(s) may be assessed by considering thefollowing types of factors:

(1) Degree of difficulty associated withconstructing the technology;

(2) Expected operational reliability of thetechnologies;

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(3) Need to coordinate with and obtainnecessary approvals and permits fromother agencies;

(4) Availability of necessary equipment andspecialists;

(5) Available capacity and location ofneeded treatment, storage, disposalservices; and

(6) Requirements for removal,decontamination, closure, or post-closure of units, equipment, devices orstructures that will be used toimplement the corrective measure(s).

v. Cost. The types of costs that may beassessed, including the following:

(1) Capital costs;

(2) Operational and maintenance costs;

(3) Net present value of capital andoperation and maintenance costs; and

(4) Potential future corrective actioncosts.

9. Permit Modification for Corrective Measurefs^

a. Based on the information the Permittee submits inthe RFI Final and Summary Reports, under ConditionE.3 of this Module; the CMS Final Report, underCondition E.7 of this Module; and otherinformation: the Regional Administrator willselect a corrective measure(s) and initiate apermit modification to this Permit, pursuant to 40C.F.R. §270.41. The modification will specify theselected corrective measure(s) and include, at aminimum, the following:

i. Description of all technical features of thecorrective measure(s) that are necessary forachieving the standards for correctivemeasure(s) established under Condition E.S.aof this Module, including length of time forwhich compliance must be demonstrated atspecified points of compliance;

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ii. All media cleanup standards for hazardousconstituents, selected by the RegionalAdministrator, that the corrective measure(s)must achieve to be protective of human healthand the environment;

iii. All requirements for achieving compliancewith these cleanup standards;

iv. All requirements for complying with thestandards for management of wastes;

v. Requirements for removal, decontamination,closure, or post-closure of units, equipment,devices or structures that will be used toimplement the corrective measure(s);

vi. A schedule for initiating and completing allmajor technical features and milestones ofthe corrective measure(s); and

vii. Requirements for submission of reports andotnc-r information.

b. Within thirty (30) calendar days after this Permithas been modified, the Permittee shall demonstratein writing to the Regional Administrator thatfinancial assurance for completing the approvedcorrective measure(s).

10. Modification of the Compliance Schedule

a. Upon prior request of the Permittee, the RegionalAdministrator may extend a compliance deadline setforth in this Appendix by a period not to exceedninety (90) days. Subsequent compliance deadlinesthat are determined by a deadline for which anextension under Condition III.E.10.a has beengranted, shall automatically be adjustedaccordingly. The cumulative effect of more thanone extension granted under Condition III.E.10.ashall not exceed one hundred and eighty (180)days.

b. If at any time the Permittee determines that theCompliance Schedule provided for in Appendic C ofthis Permit (as modified pursuant to ConditionIII.E.10.al, cannot be met, the Permittee must:

i. Notify the Regional Administrator in writingwithin fifteen (15) calendar days of suchdetermination; and

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ii- Provide an explanation why the ComplianceSchedule cannot be met.

c. If the Permittee submits a notification andexplanation pursuant to Condition ^11.E.10.b.above, or if at any time the RegionalAdministrator determines that the ComplianceSchedule provided for in Appendix C of this Permit(as modified by Condition III.E.10.a) cannot bemet, the Regional Administrator shall notify thePermittee and all persons on the facility mailinglist in writing of the modifications to theCompliance Schedule deemed necessary by theRegional Administrator. Such notice will:

i. Describe the exact change(s) to be made tothe permit conditions;

ii. Provide an explanation of why themodification is needed;

ill. Provide notification that supportingdocumentation or data may be available forinspection at the Regional office; and

iv. Specify the data on which the modificationwill become effective.

d. Any modification to the Compliance Scheduleprovided for in Appendix C of this Permit (asmodified by Condition III.E.10.a), initiatedpursuant to this Condition III.E.lO.b shall becomeeffective no less than fifteen (15) days after thenotification required pursuant to ConditionIII.E.lO.c has been provided.

e. Modification to the Compliance Schedule providedfor in Appendix C of this Permit pursuant to thisCondition III.E.10 does not constitute areissuance of this Permit.

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MODULE IV - WASTE MINIMIZATION

A. SUBMITTAL REQUIREMENTS. Pursuant to 40 C.F.R.§ 264.73(b)(9), and Section 3005(h) of the Act, 42 U.S.C.§ 6925(h) , the Permittee must submit to the RegionalAdministrator, at least annually, a waste minimizationreport by the owner or operator. This report and allaccompanying documentation will be submitted by July 1 ofeach year after the effective date of this Permit.

B. WASTE MINIMIZATION REPORT. The Permittee must certify that:

1. A program is in place to reduce the volume and toxicityof hazardous waste generated to the degree determinedby the Permittee to be economically practicable; and

2. The proposed method of treatment, storage or disposalis that practicable method currently available to thePermittee which minimizes the present and future threatto human health and the environment.

C. HAZARDOUS WASTE REDUCTION PLAN fHWRP). The Permittee shallsubmit a HWRP by July 1 of the first year following permitissuance. The HWRP shall be updated at least biennially toreflect changes in the HWRP, and submitted by July 1 of thatyear. The HWRP shall include at a minimum, the followinginformation:

1. Identify amounts and types of all acute hazardous wastegenerated by waste stream.

2. Identify amounts and types of non-acute hazardous wasteby waste stream for streams greater than five (5) tonsand,

3. Identify at least 90% of all non-acute hazardous wastegenerated at the facility.

4. Describe source of generation and waste managementmethod for each waste stream.

5. Provide list of technically feasible and economicallypracticable waste reduction measures.

6. Provide a program plan and schedule for implementingtechnically feasible and economically practicable wastereduction over time.

IV-1

The following guidance documents should be used indeveloping the HWRP:

Waste Minimization Opportunity Assessment Manual.EPA/625/7-88/003, July 1988. Available through: EPA,Office of Research and Development, Cincinnati, Ohio45268, tel. 513/569-7562 or NTIS, 5285 Port Royal Road,Springfield, VA 22161, tel. 703/487-4600.

Region II HWRP Requirements.Available through EPA Region II, Hazardous WasteFacilities Branch, Andrew Bellina, tel. 212/264-0505.

New York State Waste Reduction Guidance ManualMarch 1989.

New York State Waste Reduction Guidance ManualSupplement. December 1990. Available through the NewYork State Department of Environmental Conservation,Bureau of Pollution Prevention, 50 Wolf Road, Albany,New York 12233-7253, tel. 518/485-8400.

D. IMPLEMENTATION OF WASTE REDUCTION TECHNIQUES.The Permittee shall implement the feasible waste reductiontechniques in accordance with the schedule in the HWRP.

IV-2

MODULE V - LAND DISPOSAL RESTRICTIONS

BACKGROUND. HSWA prohibits the continued land disposal ofuntreated hazardous wastes beyond specified dates, "unlessthe Administrator determines that the prohibition ... is notrequired in order to protect human health and theenvironment for as long as the wastes remain hazardous. .. n(Sections 3004(d)(l), (e) (1) , (g) (5) of the Act, 42 U.S.C.§6924(d)(l), (e)(l),

Pursuant to 40 C.F.R. §264 . 13 (a) (1) , before an owner oroperator treats, stores, or disposes of any hazardous waste,he must obtain a detailed chemical and physical analysis ofa representative sample of the waste. At a minimum, thisanalysis must contain all the information which must beknown to treat, store or dispose of the waste in accordancewith the requirements of 40 C.F.R. Parts 264 and 268 or withthe conditions of a permit issued under 40 C.F.R. Parts 270and 124.

The Permittee shall comply with the waste analysis,notification, certification, and recordkeeping requirementsof 40 C.F.R. §268.7 whenever generating, treating, ormanaging a restricted waste.

B. STORAGE OF RESTRICTED WASTES. The Permittee may store suchwastes to which the land disposal prohibition applies for upto one year unless the Agency can demonstrate that suchstorage was not solely for the purpose of accumulation ofsuch quantities of hazardous waste as are necessary tofacilitate proper recovery, treatment, or disposal. (40C.F.R. §267.50(b» .

The Permittee may store wastes to which the land disposalprohibition applies beyond one year; however, the Permitteebears the burden of proving that such storage was solely forthe purpose of accumulation of such quantities of hazardouswaste as are necessary to facilitate proper recovery,treatment, or disposal. (40 C.F.R. §268.50(c)).

C. LAND DISPOSAL OF RESTRICTED WASTES. The land disposal ofrestricted waste is prohibited unless the applicabletreatment standard is met, or the waste is exempt under 40C.F.R. §268. l(c) .

D. RESTRICTION DATES. The above restrictions become effectiveand are phased in for specific hazardous wastes over aperiod which began November 8, 1986.

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The Permittee is required to comply with the restrictionsand applicable dates which are specified in 40 C.F.R. Part268 for all hazardous waste regulated under this Permit.

V-2

MODULE VI - ORGANIC AIR EMISSION STANDARDSFOR PROCESS VENTS AND EQUIPMENT LEAKS

A. BACKGROUND. Under the authority of Section 3004(n) of theAct, 42 U.S.C. § 6924(n), on June 21, 1990, EPA promulgatedstandards for the monitoring and control of organic airemissions from hazardous waste treatment, storage anddisposal facilities requiring a permit under Subtitle C ofRCRA. These standards became effective on December 21,1990.

B. COMPLIANCE SCHEDULE. The Permittee shall comply with 40C.F.R. Part 264 Subpart AA - Air Emission Standards forProcess Vents - and Part 264 Subpart BB - Air EmissionStandards for Equipment Leaks, as applicable. The Permitteewill be required to submit supporting documentation todemonstrate compliance with these regulations.

VI-1

MODULE VII - TOXICITY CHARACTERISTICS

A. BACKGROUND. Under the authority of Section 3001 (g) and3001 (h) of the Solid Waste Disposal Act (the "Act"), asamended by the Resource Conservation and Recovery Act (RCRA)and the Hazardous and Solid Waste Amendments of 1984 (HSWA) ,42 U.S.C. §§ 6920(g) and 6920(h), on March 29, 1990, EPApromulgated an improved leaching procedure to better predictleaching and an expansion of the Toxicity Characteristic(TC) listing to include additional toxicants for regulatorycontrol under Subtitle C of the Act. These standards becameeffective September 25, 1990. (See 55 Federal Register11788 (March 29, 1990).)

B. AUTHORIZED ACTIVITIES. The Permittee is authorized tomanage TC wastes at the following units:

1. Indoor Storage Area as detailed on Figure 9-1 andFigure 9-2 and in Sections 1.02, 3.01 and 9.02 of thePart B Permit Application as specified in Conditionl(a) of Section II of the Hazardous Waste Facilitypermit issued by NJDEPE.

Design Capacity: 5,280 gallons (96 of 55-gallon drums).Container Type Allowed: DOT Specification 17 H Steel

Drum.TC Wastes Allowed:

D001: Waste kerosene and paint 'MD008: The following wastes contj 7 lead: test

house sludge; waste lithary :.?=te powders;test house cap stubs; burning ground ashresidue; contaminated styrofonn blocks andplastic bags; wastes containing leadgenerated from site remediation activities;and lead nitrate contaminated filter.

D009: Wastes containing mercury, generated fromsite remediation activities.

2. Outdoor Storage Area as detailed on Figure 9-1 andFigure 9-2 and in Sections 1.02, 3.01 and 9.02 of thePart B Permit Application as specified in Conditionl(a) of Section II of the Hazardous Waste Facilitypermit issued by NJDEPE.

Design Capacity: 100 cubic yards (5 of 20-cubic yardcontainers) and 11,220 gallons (204of 55-gallon drums) .

Container Type: Covered steel roll-off containersand DOT specification 17 H steeldrums .

- VII-1 -

TC Wastes Allowed:

D008/D003

D008

D009

Shooting pond sludge which ispotentially explosive and contains lead

The following wastes containing lead: testhouse sludge; waste litharge; waste powders;test house cap stubs; burning ground ashresidue; contaminated styrofonn blocks andplastic bags; waste lead tamped tubing; andwastes containing lead generated from siteremediation activities.Solid waste containing mercury, generatedfrom site remediation activities.

3. Storage in Magazines as detailed in Sections 1.03,3.02, 9.03 and Exhibits 9-1 and 3-3 of the Part Bpermit application as specified in Condition l(a) ofSection II of the Hazardous Waste Facility permitissued by NJDEPE.

a.

b.

Magazine Number: FA-1235.Capacity:

In Piece Units:

In TNT Equivalent:

1,300,000 detonators or4,000,000 feet cord.2000 pounds TNT (145 gallonsTNT) .

Magazine Number: FA-1265.Capacity:

In Piece Units:

In TNT Equivalent:

Magazine Numbers:

Capacity:

In Piece Units:

1,000,000 detonators or3,000,000 feet cord.1500 pounds TNT (100 gallonsTNT) .

FA-10, FA-121, FA-1295,FA-270, FA-1240.

14,400,000 detonators or43,200,000 feet cord.

In TNT Equivalent: 21,600 pounds TNT (1,566gallons TNT).

TC Wastes Allowed in the Megazines identified inConditions B.3.a-B.3.c of this Module:

D003: Reactive waste detonating cord,D003/D008: The following reactive wastes

containing lead: waste exploders;and waste caps with wire.

- VII-2 -

C. REOUIREMENTS FOR STORAGE OF TC WASTES IN THE AUTHORIZEDCONTAINER STORAGE AREA. In order to manage on-sitegenerated TC wastes in containers at the authorized storageareas of the facility, the Permittee must comply with thefollowing requirements:

1. The requirements specified in Subpart I of 40 C.F.R.Part 264 for use and management of containers:

a. 40 C.F.R. § 264.171 - Condition of containers;

b. 40 C.F.R. § 264.172 - Compatibility of waste withcontainers;

c. 40 C.F.R. § 264.173 - Management of containers;

d. 40 C.F.R. § 264.174 - Inspections;

e. 40 C.F.R. § 264.175 - Containment;

f. 40 C.F.R. § 264.176 - Special requirements forignitable or reactive waste; and

g. 40 C.F.R. § 264.177 - Special requirements forincompatible waste.

2. The requirements specified in 40 C.F.R. § 264.13(b) fora waste analysis plan. The waste analysis plan willaddress all TC wastes handled at'the facility. Withinthrity (30) calendar days of the effective date of thisPermit, the Permittee shall submit two copies of awaste analysis plan to EPA and one copy to NJDEPE.

D. OTHER REOUIREMENTS. The Permittee shall comply with thefollowing requirements, to assure compliance with the TCrule:

1. If the facility generates new TC wastes or manages TCwastes in units other than the authorized storage areaidentified in Condition C of this Module, within thirty(30) days of the changes, the Permittee must submit apermit modification request to EPA and NJDEPE, ifapplicable. The modification request must include allinformation relevant for the modification of permits,including a revised Part A.

2. The Permittee must comply with all relevantrequirements of the Land Disposal Restrictions asspecified in 40 C.F.R. part 268, for the TC wasteshandled at the facility.

- VII-3 -

APPENDIX A

SCOPE OF WORK FOR ARCRA FACILITY INVESTIGATION

Appendix A

SCOPE OF WORK FOR A RCRA FACILITY INVESTIGATION fRFI)

E. I. DU PONT DE NEMOURS & COMPANY. INCORPORATEDPOMPTON LAKES . NEW JERSEY

I. PURPOSE

The purpose of this RCRA Facility Investigation is todetermine the nature, rate, direction and extent of releasesof hazardous waste, including hazardous constituents, fromsolid waste management units and other source areas at thefacility including areas off-site impacted by the release (s)from the facility, and to gather all necessary data tosupport the Corrective Measures Study. The Permittee shallfurnish all personnel, materials, and services necessaryfor, or incidental to, performing the RCRA remedialinvestigation.

II- SCOPE

The RCRA Facility Investigation consists of seven tasks:

Task I: Description of Current Conditions

A. Facility BackgroundB. Nature and Extent of ContaminationC. Implementation of Interim Measures

Task II: Pre-Investigation Evaluation of Corrective MeasureTechnologies

Task III: RFI Management Plans

A. Project Management PlanB. Data Collection Quality Assurance PlanC. Data Management PlanD. Health and Safety PlanE. Community Relations Plan

Task IV: Facility Investigation

A. Environmental SettingB. Source CharacterizationC. Contamination CharacterizationD. Potential Receptor Identification

Task V: Investigation Analysis

A. Data AnalysisB. Protection Standards

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Task VI: Laboratory and Bench-Scale Studies

Task VII: Reports

A. ProgressB. Draft and Final

III. TASK I: DESCRIPTION OF CURRENT CONDITIONS

The Permittee shall submit for EPA approval a reportproviding the background information pertinent to thefacility, contamination and interim measures as set forthbelow. The data gathered during any previous investigationsor inspections and other relevant data shall be included.The report must include, at a minimum, the followinginformation:

A. Facility Background

The Permittee's report shall summarize the regionallocation, pertinent boundary features, generalfacility physiography, hydrogeology, and historicaluse of the facility for the treatment, storage ordisposal of solid and hazardous waste. ThePermittee's report shall include:

1. Map(s) depicting the following:

a. General geographic location;

b. Property lines, with the owners of alladjacent property clearly indicated;

c. Topography and surface drainage (with acontour interval of two (2) feet and a scaleof 1 inch = 100 feet) depicting allwaterways, wetlands, floodplains, waterfeatures, drainage patterns, and surface-water containment areas;

d. All tanks, buildings, utilities, paved areas,easements, rights-of-way, and other features;

e. All solid or hazardous waste treatment,storage or disposal areas active afterNovember 19, 1980;

f. All known past solid or hazardous wastetreatment, storage or disposal areasregardless of whether they were active onNovember 19, 1980;

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g. All known past and present product and wasteunderground tanks or piping;

h. Surrounding land uses (residential,commercial, agricultural, recreational); and

i. The location of all production andgroundwater monitoring wells. These wellsshall be clearly labeled and ground and topof casing elevations and construction detailsincluded (these elevations and details may beincluded as an attachment).

All maps shall be consistent with the requirementsset forth in 40 CFR 270.14 and be of sufficientdetail and accuracy to locate and report allcurrent and future work performed at the site;

2. A history and description of ownership andoperation, solid and hazardous waste generation,treatment, storage and disposal activities at thefacility;

3. Approximate dates or periods of past product andwaste spills, identification of the materialsspilled, the amount spilled, the location wherespilled, and a description of the response actionsconducted (local, state, or federal response unitsor private parties), including any inspectionreports or technical reports generated as aresult of the response; and

4. A summary of past permits requested and/orreceived, any enforcement actions and theirsubsequent responses and a list of documents andstudies prepared for the facility.

B. Nature and Extent of Contamination

1. The Permittee's report shall summarize allpossible source areas of contamination. This, ata minimum, should include all regulated units,solid waste management units, spill areas, andother suspected source areas of contamination.For each area, the Permittee shall identify thefollowing:

a. Location of unit/area (which shall bedepicted on a facility map);

b. Quantities of solid and hazardous wastes;

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c. Hazardous waste or constituents, to theextent known; and

d. Identification of areas where additionalinformation is necessary.

2. The Permittee shall prepare an assessment anddescription of the existing degree and extent ofcontamination. This should include:

a. Available monitoring data and qualitativeinformation on locations and levels ofcontamination at the facility;

b. All potential migration pathways includinginformation on geology, petrology,hydrogeology, physiography, hydrology, waterquality, meteorology, and air quality; and

c. The potential impact(s) on human health andthe environment, including demography,groundwater and surface-water use, and landuse.

C. Implementation of Interim Measures

The Permittee!s report shall document interim measureswhich were or are being undertaken at the facility.This shall include:,

1. Objectives of the interim measures: how themeasure is mitigating a potential threat to humanhealth and the environment and/or is consistentwith and integrated into any long term solution atthe facility;

2. Design, construction, operation, and maintenancerequirements;

3. Schedules for design, construction and monitoring;and

4. Schedule for progress reports.

IV. TASK II: PRE-INVESTIGATION EVALUATION OF CORRECTIVE MEASURETECHNOLOGIES

The Permittee shall submit a report that identifies thepotential corrective measure technologies that may be usedon-site or off-site for the containment, treatment,remediation, and/or disposal of contamination. This reportshall also identify any field data that needs to be

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collected in the facility investigation to facilitate theevaluation and selection of the final corrective measure ormeasures (e.g., compatibility of waste and constructionmaterials, information to evaluate effectiveness,treatability of wastes, etc.).

TASK III: RFI MANAGEMENT PIANS

The Permittee shall submit RFI Management Plans. ThesePlans shall be followed during the implementation of RFI,and will be part of the RFI Workplan. During the RFI, theseManagement Plans may be necessary for revisions depending onthe detail of information collected to accommodate thefacility specific situation. The RFI Management Plansinclude the following:

A. Project Management Plan

The Permittee shall prepare a Project Management Planwhich will include a discussion of the technicalapproach, schedules, budget, and personnel. TheProject Management Plan will also include a descriptionof qualifications of personnel performing or directingthe RFI, including contractor personnel. This planshall also document the overall management approach tothe RCRA Facility Investigation.

B. Data Collection Quality Assurance Plan

The Permittee shall prepare a plan to document allmonitoring procedures: sampling, field measurements,and sample analysis performed during the investigationto characterize the environmental setting, source, andcontamination, so as to ensure that all information,data and resulting decisions are technically soxzrd,statistically valid, and properly documented.

1. Data Collection Strategy

The strategy section of the Data CollectionQuality Assurance Plan shall include but not belimited to the following:

a. Description of the intended uses for thedata, and the necessary level of precisionand accuracy for these intended uses;

b. Description of methods and procedures to beused to assess the precision, accuracy andcompleteness of the measurement data;

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Description of the rationale used to assurethat the data accurately and preciselyrepresent a characteristic of a population,parameter variations at a sampling point, aprocess condition or an environmentalcondition. Examples of factors which shallbe considered and discussed include:

i. Environmental conditions at the time ofsampling;

ii. Number of sampling points;

iii. Representativeness of selected media;and

iv. Representativeness of selectedanalytical parameters.

Description of the measures to be taken toassure that the following data sets can becompared to each other:

i. RFI data generated by the Permittee oversome time period;

ii. RFI data generated by an outsidelaboratory or consultant versus datagenerated by the Permittee;

iii. Data generated by separate consultantsor laboratories; and

iv. Data generated by an outside consultantor laboratory over some time period.

Details relating to the schedule andinformation to be provided in qualityassurance reports. The reports shouldinclude but not be limited to:

i. Periodic assessment of measurement dataaccuracy, precision, and completeness;

ii. Results of performance audits;

iii. Results of system audits;

iv. Significant quality assurance problemsand recommended solutions; and

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v. Resolutions of previously statedproblems.

Sampling

The Sampling section of the Data CollectionQuality Assurance Plan shall discuss:

a. Selecting appropriate sampling locations,depths, etc.;

b. Providing a statistically sufficient numberof sampling sites;

c. Measuring all necessary ancillary data;

d. Determining conditions under which samplingshould be conducted;

e. Determining which media are to be sampled(e.g., groundwater, air, soil, sediment,etc.);

f. Determining which parameters are to bemeasured and where;

g. Selecting the frequency of sampling andlength of sampling period;

h. Selecting the types of sample (e.g.,composites vs. grabs) and number of samplesto be collected;

i. Measures to be taken to prevent contaminationof the sampling equipment and crosscontamination between sampling points;

j. Documenting field sampling operations andprocedures, including;

i. Documentation of procedures forpreparation of reagents or supplieswhich become an integral part of thesample (e.g., filters, and adsorbingreagents);

ii. Procedures and forms for recording theexact location and specificconsiderations associated with sampleacquisition;

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iii. Documentation of specific samplepreservation method;

iv. Calibration of field devices;

v. Collection of replicate samples;

vi. Submission of field-biased blanks, whereappropriate;

vii. Potential interferences present at thefacility;

viii. Construction materials and techniques,associated with monitoring wells andpiezometers;

ix. Field equipment listing and samplecontainers;

x. Sampling order; and

xi. Decontamination procedures,

k. Selecting appropriate sample containers;

1. Sample preservation; and

m. Chain-of-custody, including:

i. Standardized field tracking reportingforms to establish sample custody in thefield prior to and during shipment; and

ii. Pre-prepared sample labels containingall information necessary for effectivesample tracking.

Field Measurements

The Field Measurements section of the DataCollection Quality Assurance Plan shall discuss:

a. Selecting appropriate field measurementlocations, depths, etc.;

b. Providing a statistically sufficient numberof field measurements;

c. Measuring all necessary ancillary data;

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d. Determining conditions under which fieldmeasurements should be conducted;

e. Determining which media are to be addressedby appropriate field measurements (e.g.,groundwater, air, soil, sediment, etc.);

f. Determining which parameters are to bemeasured and where;

g. Selecting the frequency of field measurementand length of field measurements period; and

h. Documenting field measurement operations andprocedures, including:

i. Procedures and forms for recording rawdata and the exact location, time, andfacility-specific considerationsassociated with the data acquisition;

ii. Calibration of field devices;

iii. Collection of replicate measurements;

iv. Submission of field-biased blanks, whereappropriate;

v. Potential interferences present at thefacility;

vi. Construction materials and techniquesassociated with monitoring wells andpiezometers used to collect field data;

vii. Field equipment listing;

viii. Order in which field measurements weremade; and

ix. Decontamination procedures.

Sample Analysis

The Sample Analysis section of the Data CollectionQuality Assurance Plan shall specify thefollowing:

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a. Chain-of-custody procedures, including:

i. Identification of a responsible party toact as sample custodian at thelaboratory facility authorized to signfor incoming field samples, obtaindocuments of shipment, and verify thedata entered onto the sample custodyrecords;

ii. Provision for a laboratory samplecustody log consisting of seriallynumbered standard lab-tracking reportsheets; and

iii. Specification of laboratory samplecustody procedures for sample handling,storage, and dispersement for analysis.

b. Sample storage procedures and storage times;

c. Sample preparation methods;

d. Analytical procedures, including:

i. Scope and application of the procedure;

ii. Sample matrix;

iii. Potential interferences;

iv. Precision and accuracy of themethodology; and

v. Method detection limits.

e. Calibration procedures and frequency;

f. Data reduction, validation and reporting;

g. Internal quality control checks, laboratoryperformance and systems audits and frequency,including:

i. Method blank(s);

ii. Laboratory control sample(s);

iii. Calibration check sample(s);

iv. Replicate sample(s);

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v. Matrix-spiked sample(s);

vi. "Blind" quality control sample(s);

vii. Control charts;

viii. Surrogate samples;

ix. Zero and span gases; and

x. Reagent quality control checks.

h. Preventive maintenance procedures andschedules;

i. Corrective action (for laboratory problems);and

j. Turnaround time,

Data Management Plan

The Permittee shall develop and initiate a DataManagement Plan to document and track investigationdata and results. This plan shall identify and set updata documentation materials and procedures, projectfile requirements, and project-related progressreporting procedures and documents. The plan shall alsoprovide the format to be used to"present the raw dataand conclusions of the investigation.

1. Data Record

The data record shall include the following:

a. Unique sample or field measurement code;

b. Sampling or field measurement location andsample or measurement type;

c. Sampling or field measurement raw data;

d. Laboratory analysis ID number;

e. Property or component measured; and

f. Result of analysis (e.g., concentration).

2. Tabular Displays

The following data shall be presented in tabulardisplays:

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a. Unsorted (raw) data;

b. Results for each medium, or for eachconstituent monitored;

c. Data reduction for statistical analysis;

d. Sorting of data by potential stratificationfactors (e.g., location, soil layer,topography); and

e. Summary data.

3. Graphical Displays

The following data shall be presented in graphicalformats (e.g., bar graphs, line graphs, area orplan maps, isopleth plots, cross-sectional plotsor transacts, three dimensional graphs, etc.):

a. Display sampling location and sampling grid;

b. Indicate boundaries of sampling area, andareas where more data are required;

c. Display levels of contamination at eachsampling location;

d. Display geographical extent of contamination;

e. Display contamination levels, averages, andmaxima;

f. Illustrate changes in concentration inrelation to distance from the source, time,depth or other parameters; and

g. Indicate features affecting intramediatransport and show potential receptors.

Health and Safety Plan

The Permittee shall prepare a facility Health andSafety Plan.

1. Major elements of the Health and Safety Plan shallinclude:

a. Facility description including availabilityof resources such as roads, water supply,electricity and telephone service;

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b. Describe the known hazards and evaluate therisks associated with the incident and witheach activity conducted;

c. List key personnel and alternates responsiblefor site safety, response operations, and forprotection of public health;

d. Delineate work areas;

e. Describe levels of protection to be worn bypersonnel in work areas;

f. Establish procedures to control site access;

g. Describe decontamination procedures forpersonnel and equipment;

h. Establish site emergency procedures;

i. Address emergency medical care for injuriesand toxicological problems;

j. Describe requirements for an environmentalsurveillance program;

k. Specify any routine and special trainingrequired for responders; and

1. Establish procedures for protecting workersfrom weather-related problems.

The Facility Health and Safety Plan shall beconsistent with:

a. NIOSH Occupational Safety and Health GuidanceManual for Hazardous Waste Site Activities(1985);

b. EPA Order 1440.1 - Respiratory Protection;

c. EPA Order 1440.3 - Health and SafetyRequirements for Employees engaged in FieldActivities;

d. Facility Contingency Plan;

e. EPA Standard Operating Safety Guide (1984);

f. OSHA regulations particularly in 29 CFR 1910and 1926;

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g. State, local, and other federal agency (e.g.,DOD, DOE) regulations; and

h. Other EPA guidance as provided.

E. Community Relations Plan

The Permittee shall prepare a plan, for thedissemination of information to the public regardinginvestigation activities and results.

VI. TASK IV: FACILITY INVESTIGATION

The Permittee shall conduct those investigations necessaryto: characterize the facility (Environmental Setting);define the source (Source Characterization); define thedegree and extent of contamination (ContaminationCharacterization); and identify actual or potentialreceptors.

The investigations should result in data of adequatetechnical quality to support the development and evaluationof' the corrective measure alternative or alternatives duringthe Corrective Measures Study ("CMS").

The site investigation activities shall follow the plans setforth in Task III. All sampling and analyses shall beconducted in accordance with the Data Collection QualityAssurance Plan. All sampling locations shall be documentedin a log and identified on a detailed site map.

A. Environmental Setting

The Permittee shall collect information to supplementand verify existing information on the environmentalsetting at the facility. The Permittee shallcharacterize the following:

1. Hydrogeology

The Permittee shall conduct a program to evaluatehydrogeologic conditions at the facility. Thisprogram shall provide the following information:

a. A description of the regional and facilityspecific geologic and hydrogeologiccharacteristics affecting groundwater flowbeneath the facility, including:

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i. Regional and facility specificstratigraphy: description of strataincluding strike and dip, identificationof stratigraphic contacts;

ii. Structural geology: description of localand regional structural features (e.g.,folding, faulting, tilting, jointing,etc.);

iii. Depositional history;

iv. Identification and characterization ofareas and amounts of recharge anddischarge;

v. Regional and facility specificgroundwater flow patterns; and

vi. Characterize seasonal variations in. thegroundwater flow regime.

b. An analysis of any topographic featur , -hatmight influence the groundwater flow .'._,o'wem.(Note: Stereographic analysis of aerialphotographs may aid in this analysis).

c. Based on field data, test, and cores, arepresentative and accurate clarsificationand description of the hydrogec ogic unitswhich may be part of the migration pathwaysat the facility (i.e., the aquifers and anyintervening saturated and ^nsaturated units),including:

i. Hydraulic conductivity and porosity(total and effective);

ii. Lithology, grain size, sorting, degreeof cementation;

iii. An interpretation of hydraulicinterconnections between saturatedzones; and

iv. The attenuation capacity and mechanismsof the natural earth materials (e.g.,ion exchange capacity, organic carboncontent, mineral content etc.).

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d. Based on field studies and cores, structuralgeology, and hydrogeologic cross sectionsshowing the extent (depth, thickness, lateralextent) of hydrogeologic units which may bepart of the migration pathways identifying:

i. Sand and gravel deposits inunconsolidated deposits;

ii. Zones of fracturing or channeling inconsolidated or unconsolidated deposits;

iii. Zones of higher permeability or lowpermeability that might direct andrestrict the flow of contaminants;

iv. The uppermost aquifer: geologicformation, group of formations, or partof a formation capable of yielding asignificant amount of groundwater towells or springs; and

v. Water-bearing zones above the firstconfining layer that may serve as apathway for contaminant migrationincluding perched zones of saturation.

e. Based on data obtained from groundwatermonitoring wells and piezometers installedupgradient and downgradient of the potentialcontaminant source, a representativedescription of water level or fluid pressuremonitoring including:

i. Water-level contour and/orpotentiometric maps;

ii. Hydrologic cross sections showingvertical gradients;

iii. The flow system, including the verticaland horizontal components of flow; and

iv. Any temporal changes in hydraulicgradients, for example, due to tidal orseasonal influences.

'f. A description of manmade influences that mayaffect the hydrogeology of the site,identifying:

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i. Active and inactive local water-supplyand production wells with an approximateschedule of pumping; and

ii. Manroade hydraulic structures (pipelines,french drains, ditches, unlined ponds,septic tanks, NPDES outfalls, retentionareas, etc.).

Soils

The Permittee shall conduct a program tocharacterize the soil and rock units above thewater table in the vicinity of the contaminantrelease(s). Such characterization shall includebut not be limited to, the following information:

a. SCS soil classification;

b. Surface soil distribution;

c. Soil profile, including ASTM classificationof soils;

d. Transacts of soil stratigraphy;

e. Hydraulic conductivity (saturated andunsaturated);

f. Relative permeability;

g. Bulk density;

h. Porosity;

i. Soil sorptive capacity;

j. Cation exchange capacity (CEC);

k. Soil organic content;

1. Soil pH;

m. Particle size distribution;

n. Depth of water table;

o. Moisture content;

p. Effect of stratification on unsaturated flow;

q. Infiltration

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r. Evapotranspiration;

s. Storage capacity;

t. Vertical flow rate; and

u. Mineral content.

3. Surface Water and Sediment

The Permittee shall conduct a program tocharacterize the surface water bodies in thevicinity of the facility. Such characterizationshall include, but not be limited to, thefollowing activities and information:

a. Description of the temporal and permanentsurface-water bodies including:

i. For lakes and estuaries: location,elevation, surface area, inflow,outflow, depth, temperaturestratification, and volume;

ii. For impoundments: location, elevation,surface area, depth, volume, freeboard,and purpose of impoundment;

iii. For streams, ditc"hes, drains, swamps andchannels: location, elevation, flow,velocity, depth, width, seasonalfluctuations, and flooding tendencies(i.e., 100 year event);

iv. Drainage patterns; and

v. Evapotranspiration.

b. Description of the chemistry of the naturalsurface water and sediments. This includesdetermining the pH, total dissolved solids,total suspended solids, biological oxygendemand, alkalinity, conductivity, dissolvedoxygen profiles, nutrients (NH3, NO3-/NO2-,PO4-3), chemical oxygen demand, total organiccarbon, specific contaminant concentrations,etc.

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c. Description of sediment characteristicsincluding:

i. Deposition area;

ii. Thickness profile; and

iii. Physical and chemical parameters (e.g.,grain size, density, organic carboncontent, ion exchange capacity, pH,etc.)

B. Source Characterization

The Permittee shall collect analytical data tocompletely characterize the wastes and the areas wherewastes have been placed, collected or removedincluding: type; quantity; physical form; disposition(contain- roent or nature of deposits); and facilitycharacteristics affecting release (e.g., facilitysecurity, and engineered barriers). This shall includequantification of the following specificcharacteristics at each source area:

1. Unit/Disposal Area characteristics:

a. Location of unit/disposal area;

b. Type of unit/disposal area;

c. Design features;

d. Operating practices (past and present.;

e. Period of operation;

f. Age of unit/disposal area;

g. General physical conditions; and

h. Method used to close the unit/disposal area.

2. Waste Characteristics:

a. Type of waste placed in the unit;

i. Hazardous classification (e.g.,flammable, reactive, cox-rosive,oxidizing, or reducing agent);

ii. Quantity; and

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iii. Chemical composition.

b. Physical and chemical characteristics;

i. Physical form (solid, liquid, gas);

ii. Physical description (e.g., powder, oilysludge);

iii. Temperature;

iv. pH;

v. General chemical class (e.g., acid,base, solvent);

vi. Molecular weight;

vii. Density;

viii. Boiling point;

ix. Viscosity;

x. Solubility in water;

xi. Cohesiveness of the waste;

xii. Vapor pressure,

xiii. Flash point

c. Migration and dispersal characteristics ofthe waste;

i. Sorption;

ii. Biodegradability, bioconcentration,biotransformation;

iii. Photodegradation rates;

iv. Hydrolysis rates; and

v. Chemical transformations.

The Permittee shall document the procedures usedin making the above determinations.

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C. Contamination Characterization

The Permittee shall collect analytical data ongroundwater, soils, and/or surface water/sedimentcontamination in the vicinity of the facility. Thisdata shall be sufficient to define the extent, origin,direction, and rate of movement of contaminant plumes.Data shall include time and location of sampling, mediasampled, concentrations found, and conditions duringsampling, and the identity of the individualsperforming the sampling and analysis. The Permitteeshall address the following types of contamination atthe facility:

1. Groundwater Contamination

The Permittee shall conduct a groundwaterinvestigation to characterize any plumes ofcontamination at the facility. This investigationshall, at a minimum, provide the followinginformation:

a. A description of the horizontal and verticalextent of any immiscible or dissolved .plume(s) originating from the facility;

b. The horizontal and vertical direction ofcontamination movement;

c. The velocity of contaminant movement;

d. The horizontal and vertical concentrationprofiles of chemical contaminants;

e. An evaluation of factors influencing theplume movement; and

f. An extrapolation of future contaminantmovement.

The Permittee shall document the procedures usedin making the above determinations (e.g., welldesign, well construction, geophysics, modeling,etc.).

2. Soil Contamination

The Permittee shall conduct an investigation tocharacterize the contamination of the soil abovethe water table in the vicinity of the contaminantrelease(s). The investigation shall include thefollowing information:

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a. A description of the vertical and horizontalextent of contami-nation.

b. A description of contaminant and soilchemical properties within the contaminantsource area and plume. This includescontaminant solubility, specification,adsorption, leachability, exchange capacity,biodegradability, hydrolysis, photolysis,oxidation, and other factors that mightaffect contaminant migration andtransformation.

c. Specific contaminant concentrations.

d. The velocity and direction of contaminantmovement.

e. An extrapolation of future contaminantmovement.


3. Surface-Water and Sediment Contamination

The Permittee shall conduct a surface-water andsediment investigation to characterize potentialcontamination in surface-water bodies andsediments resulting from the contaminantrelease(s) by the facility. The investigationshall include, but not be limited to, thefollowing information:

a. A description of the horizontal and verticalextent of any immiscible or dissolvedplume(s) originating from the facility, andthe extent of contamination in underlyingsediments;

b. The horizontal and vertical direction ofcontaminant movement;

c. The contaminant velocity;

d. An evaluation of the physical, biological andchemical factors influencing contaminantmovement;

e. An extrapolation of future contaminantmovement; and

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f. A description of the chemistry of thecontaminated surface waters and sediments.This includes determinii j the pH, totaldissolved solids, specific contaminantconcentrations, etc.;


Potential Receptors

The Permittee shall collect data describing the humanpopulations and environmental systems that aresusceptible to contaminant exposure from the facility.Chemical analysis of biological samples may be needed.Data on observable effects in ecosystems may also beobtained. The following characteristics shall beidentified:

1. Local uses and possible future uses ofgroundwater:

a. Type of use (e.g., drinking water source:municipal or residential, agricultural,domestic/non-potable, and industrial); and

b. Location of groundwater users including wellsand discharge areas. ....

2. Local uses and possible future uses of surfacewaters draining the facility:

a. Domestic and municipal (e.g., potable andlawn/gardening watering);

b. Recreational (e.g., swimming, fishir^ ;

c. Agricultural;

d. Industrial; and

e. Environmental•(e.g., fish and wildlifepropagation).

3. Human use of or access to the facility andadjacent lands, including but not limited to:

a. Recreation;

b. Hunting;

c. Residential;

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d. Commercial;

e. Zoning; and

f. Relationship between population locations andprevailing wind direction.

4. A description of the biota in surface water bodieson, adjacent to, or affected by the facility.

5. A description of the ecology overlying andadjacent to the facility.

6. A demographic profile of the people who use orhave access to the facility and adjacent land,including, but not limited to: age; sex; andsensitive subgroups.

7. A description of any endangered or threatenedspecies near the facility.

VII. TASK V: INVESTIGATION ANALYSIS

The Permittee shall prepare an analysis and summary of allfacility investi-gations and their results. The objectiveof this task shall be to ensure that the investigation dataare sufficient in quality (e.g., quality assuranceprocedures have been followed) and quantity to describe thenature and extent of contamination, potential threat tohuman health and/ or the environment, and to support theCorrective Measures Study.

A. Data Analysis

The Permittee shall analyze all facility investigationdata outlined in Task IV and prepare a report on thetype and extent of contamination at the facilityincluding sources and migration pathways. The reportshall describe the extent of contamination(qualitative/quantitative) in relation to backgroundlevels indicative for the area.

B. Protection Standards

The Permittee shall identify all relevant andapplicable standards for the protection of human healthand the environment (e.g.. National Ambient Air QualityStandards, federally-approved water quality standards,etc.) .

VIII. TASK VI: LABORATORY AND BENCH-SCALE STUDIES

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The Permittee shall conduct laboratory and/or bench scalestudies to determine the applicability of a correctivemeasure technology or technologies to facility conditions.The Permittee shall analyze the technologies, based onliterature review, vendor contracts, and past experience todetermine the testing requirements.

The Permittee shall develop a testing plan identifying thetypes(s) and goal(s) of the study(s), the level of effortneeded, and the procedures to be used for data managementand interpretation.

Upon completion of the testing, the Permittee shall evaluatethe testing results to assess the technology or technologieswith respect to the site-specific questions identified inthe test plan.

The Permittee shall prepare a report summarizing the testingprogram and its re:', ' s, both positive and negative.

IX. TASK VII: REPORTS

A. Progress

The Permittee shall provide the EPA with signed,quarterly progress reports as required by ConditionB.8.a of Module III of this permit.

B. Draft and Final

The Permittee shall prepare a RCRA FacilityInvestigation ("RFI") Report as required by ConditionE. 3 of Module III of this Permit. The RFI Repc-": shallpresent all information gathered under the app.;.v-ed RFIWorkplan.

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APPENDIX BSCOPE OF WORK FOR

A CORRECTIVE MEASURE STUDY

Appendix B

SCOPE OF WORK FOR A CORRECTIVE MEASURE STUDY&X

E. I. DU POKT DE NEMOURS & COMPANY. INCORPORATEDPOMPTON IAKES. NEW JERSEY

I. PURPOSE

The purpose of this Corrective Measure Study (CMS) is todevelop and evaluate the corrective action alternative oralternatives and to recommend the corrective measure ormeasures to be taken. The Permittee will furnish thepersonnel, materials, and services necessary to prepare thecorrective measure study, except as otherwise specified.

II. SCOPE

The Corrective Measure Study consists of four tasks:

Task I: Identification and Development of the CorrectiveMeasure Alternative or Alternatives

A. Description of Current SituationB. Establishment of Corrective Action ObjectivesC. Screening of Corrective Measures TechnologiesD. Identification of the Corrective Measure

Alternative or Alternatives'

Task II: Evaluation of the Corrective Measure Alternativeor Alternatives

A. Technical/Environmental/Human Health/InstitutionalB. Cost Estimate

Task III: Justification and Recommendation of the CorrectiveMeasure or Measures

A. TechnicalB. EnvironmentalC. Human Health

Task IV: Report

A. ProgressB. Final

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III. TASK I I IDENTIFICATION AND DEVELOPMENT.OF THE CORRECTIVEACTION ALTERNATIVE OR ALTERNATIVES

Based on the results of the RCRA Facility Investigation andconsideration of the identified Preliminary CorrectiveMeasure Technologies (Task II of Appendix A of this Permit),the Permittee shall identify, screen, and develop thealternative or alternatives for removal, containment,treatment and/or other remediation of the contaminationbased on the objectives established for the correctiveaction.

A. Description of Current Situation

The Permittee shall submit an update to the informationdescribing the current situation at the facility andthe known nature and extent of the contamination asdocumented by the RCRA Facility Investigation Report.The Permittee shall provide an update to informationpresented in Task I of the RFI to the Agency regardingprevious response activities and any interim measureswhich have or are being implemented at the facility.The Permittee shall also make a facility-specificstatement of the purpose for the response, based on theresults of the RCRA Facility Investigation ("RFI").The statement of purpose should identify the actual orpotential exposure pathways that should be addressed bycorrective measures.

B. Establishment of Corrective Action Objectives

The Permittee, in conjunction with EPA, shall establishsite specific objectives for the corrective action.These objectives shall be based on public health andenvironmental criteria, information gathered during theRFI, EPA guidance, and the requirements of anyapplicable federal statutes. At a minimum, allcorrective actions concerning groundwater releases fromregulated units must be consistent with, and asstringent as, those required under 40 CFR §264.100.

C. Screening of Corrective Measure Technologies

The Permittee shall review the results of the RFI andreassess the technologies specified in Task II andidentify additional technologies which are applicableat the facility. The Permittee shall screen thepreliminary corrective measure technologies identifiedin Task II of the RFI and any supplemental technologies

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to eliminate those that may prove infeasible toimplement, that rely on technologies unlikely toperform satisfactorily or reliably, or that do notachieve the corrective measure objective within areasonable time period. This screening process focuseson eliminating those technologies which have severelimitations for a given set of waste and site-specificconditions. The screening step may also eliminatetechnologies based on inherent technology limitations.Site, waste, and technology characteristics which areused to screen inapplicable technologies are describedin more detail below:

1. Site Characteristics

Site data should be reviewed to identifyconditions that may limit or promote the use ofcertain technologies. Technologies whose use isclearly precluded by site characteristics shouldbe eliminated from further consideration;

2. Waste Characteristics

Identification of waste characteristics that limitthe effectiveness or feasibility of technologiesis an important part of the screening process.Technologies clearly limited by these wastecharacteristics should be eliminated fromconsideration. Waste characteristics particularlyaffect the feasibility of in-situ methods, directtreatment methods, and land disposal(on/off-site); and

3. Technology Limitations

During the screening process, the level oftechnology development,performance record, andinherent construction, operation, and maintenanceproblems should be identified for each technologyconsidered. Technologies that are unreliable,perform poorly, or are not fully demonstrated maybe eliminated in the screening process. Forexample, certain treatment methods have beendeveloped to a point where they can be implementedin the field without extensive technology transferor development.

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D. Identification of the Corrective Measure Alternative orAlternatives

The Permittee shall develop the corrective measurealternative or alternatives based on the correctiveaction objectives and analysis of the PreliminaryCorrective Measure Technologies, as presented in TaskII of the RFI and as supplemented following thepreparation of the RFI Final Report. The Permitteeshall rely on engineering practice to determine whichof the previously identified technologies appear mostsuitable for the site. Technologies can be combined toform the overall corrective action alternative oralternatives. The alternative or alternativesdeveloped should represent a workable number ofoption(s) that each appear to adequately address allsite problems and corrective action objectives. Eachalternative may consist of an individual technology ora combination of technologies. The Permittee shalldocument the reasons for excluding technologies,identified in Task II, as supplemented in thedevelopment of the alternative or alternatives.

IV. TASK II: EVALUATION OF THE CORRECTIVE MEASURE ALTERNATIVE ORALTERNATIVES

The Permittee shall describe each corrective measurealternative that passes through the Initial Screening inTask I of this appendix and evaluate each corrective measurealternative and its components. The evaluation shall bebased on technical, environmental, human health andinstitutional concerns. The Permittee shall also developcost estimates of each corrective measure.

A. Technical/Environmental/Human Health/Institutional

The Permittee shall provide a description of eachcorrective measure alternative which includes but isnot limited to the following: preliminary process flowsheets; preliminary sizing and type of construction forbuildings and structures; and rough quantities ofutilities required. The Permittee shall evaluate eachalternative in the four following areas:

1. Technical

The Permittee shall evaluate each correctivemeasure alternative based on performance,reliability, implementability and safety.

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a. The Permittee shall evaluate performancebased on the effectiveness and useful life oithe corrective measure:

i. Effectiveness shall be evaluated interms of the ability to perform intendedfunctions, such as containment,diversion, removal, destruction, crtreatment. The effectiveness of eachcorrective measure shall be determinedeither through design specifications orby performance evaluation. Any specificwaste or site characteristics whichcould potentially impede effectivenessshall be considered. The evaluationshould also consider the effectivenessof combinations of technologies; and

ii. Useful life is defined as the length oftime the level of effectiveness can bemaintained. Most corrective measuretechnologies, with the exception ofdestruction, deteriorate with time.Often, deterioration can be slowedthrough proper system operation andmaintenance, but the technologyeventually may require replacement.Each corrective measure sh :1 beevaluated in terms of the , ojectedservice lives of its comport:technologies. Resource availability inthe future life of the technology, aswell as appropriateness of thetechnologies, must be considered inestimating the useful life of theproject.

b. The Permittee shall provide information onthere liability of each corrective measureincluding their operation and maintenancerequirements and their demonstratedreliability:

i. Operation and maintenance requirementsinclude the frequency and complexity ofnecessary operation and maintenance.Technologies requiring frequent orcomplex operation and maintenancescrivities should be regarded as lessreliable than technologies requiring

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little or straight forward operation andmaintenance. The availability of laborand materials to meet these requirementsshall also be considered; and

ii. Demonstrated and expected reliability isa way of measuring the risk and effectof failure. The Permittee shouldevaluate whether the technologies havebeen used effectively under analogousconditions; whether the combination oftechnologies have been used togethereffectively; whether failure of any onetechnology has an immediate impact onreceptors; and whether the correctivemeasure has the flexibility to deal withuncontrollable changes at the site.

c. The Permittee shall describe theimplementability of each corrective measureincluding the relative ease of installation(constructability) and the time required toachieve a given level of response:

i. Constructability is determined byconditions both internal and external tothe facility conditions and include suchitems as location,of undergroundutilities, depth to water table,heterogeneity of subsurface materials,and location of the facility (i.e.,remote location vs. a congested urbanarea). The Permittee shall evaluatewhat measures can be taken to facilitateconstruction under these conditions.External factors which affectimplementation include the need forspecial permits or agreements, equipmentavailability, and the location ofsuitable off-site treatment or disposalfacilities; and

ii. Time has two components that shall beaddressed: (1) the time it takes toimplement a corrective measure and (2)the time it takes to actually seebeneficial results. Beneficial resultsare defined as the reduction ofcontaminants to some acceptable,pre-established level.

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d. The Permittee shall evaluate each correctivemeasure alternative with regard to safety.This evaluation shall include threats to thesafety of nearby communities and environmentsas well as those to workers duringimplementation. Among the factors toconsider are fire, explosion, and exposure tohazardous substances.

2. Environmental

The Permittee shall perform an EnvironmentalAssessment for each alternative. TheEnvironmental Assessment shall focus on thefacility conditions and pathways of contaminationactually addressed by each alternative. TheEnvironmental Assessment for each alternative willinclude, at a minimum, an evaluation of: the shortand long term beneficial and adverse effects ofthe response alternative; any adverse effects onenvironmentally sensitive areas; and an analysisof measures to mitigate adverse effects.

3. Human Health

The Permittee shall assess each alternative interms of the extent to which it mitigates shortand long term potential exposure to any residualcontamination and protects human health bothduring and after implementation the correctivemeasure. The assessment will describe the levelsand characterizations of contaminants on-site,potential exposure routes, and potentiallyaffected populations. Each alternative will beevaluated to determine the level of exposure tocontaminants and the reduction over time. Formanagement of mitigation measures, the relativereduction of impact will be determined bycomparing residual levels of each alternative withexisting criteria, standards, or guidelinesacceptable to EPA.

4. Institutional

The permittee shall assess relevant institutionalneeds fcr each alternative. Specifically, theeffects of Federal, State, and local environmentaland public health standards, regulations,guidance, advisories, ordinances, or communityrelations on the design, operation, and timing ofeach alternative.

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B. Cost Estimate

The Permittee shall develop an estimate of the cost ofeach corrective measure alternative (and for each phaseor segment of the alternative). The cost estimateshall include both capital, operation and maintenancecosts.

1. Capital costs consist of direct (construction) andindirect (nonconstruction and overhead) costs.

a. Direct capital costs include:

i. Construction costs: Costs of materials,labor (including fringe benefits andworker's compensation), and equipmentrequired to install the correctivemeasure.

ii. Equipment costs: Costs of treatment,containment, disposal and/or serviceequipment necessary to implement theaction; these materials remain until thecorrective action is complete;

b. Indirect capital costs include:

i. Engineering expenses: Costs ofadministration, design,constructionsupervision, drafting, and testing ofcorrective measure alternatives;

ii. Legal fees and license or permit costs:Administrative and technical costsnecessary to obtain licenses and permitsfor installation and operation;

iii. Startup and shakedown costs: Costsincurred during corrective measurestartup; and

iv. Contingency allowances: Funds to covercosts resulting from unforeseencircumstances, such as adverse weatherconditions, strikes, and inadequatefacility characterization.

2. Operation and maintenance costs arepost-construction costs necessary to ensurecontinued effectiveness of a corrective measure.The Permittee shall consider the followingoperation and maintenance cost components:

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a. Operating labor costs: Wages, salaries,training, overhead, and fringe benefitsassociated with the labor needed forpost-construction operations;

b. Maintenance materials and labor costs: Costsfor labor, parts, and other resourcesrequired for routine maintenance offacilities and equipment;

c. Auxiliary materials and energy: Costs of suchitems as chemicals and electricity fortreatment plant operations, water and sewerservice, and fuel;

d. Purchased services: Sampling costs,laboratory fees, and professional fees forwhich the need can be predicted;

e. Disposal and treatment costs: Costs oftransporting, treating,and disposing of wastematerials, such as treatment plant residues,generated during operations;

f. Administrative costs: Costs associated withadministration of .corrective measureoperation and maintenance not included underother categories;

g. Insurance, taxes, and licensing costs: Costsof such items as liability and suddenaccidental insurance; real estate tuxes onpurchased land or rights-of-way; licensingfees for certain technologies; and permitrenewal and reporting costs;

h. Maintenance reserve and contingency funds:Annual payments into escrow funds to cover(1) costs of anticipated replacement orrebuilding of equipment and (2) any largeunanticipated operation and maintenancecosts; and

i. Other costs: Items that do not fit anyof the above categories.

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V. TASK III: JUSTIFICATION AND RECOMMENDATION OF THE CORRECTIVEMEASURE OR MEASURES

The Permittee shall justify and recommend a correctivemeasure alternative using technical, human health, andenvironmental criteria. This recommendation shall includesummary tables which allow the alternative or alternativesto be understood easily. Tradeoffs among health risks,environmental effects, and other pertinent factors shall behighlighted. The EPA will select the corrective measurealternative or alternatives to be implemented based on theresults of Tasks II and III of this appendix. At a minimum,the following criteria will be used to justify the finalcorrective measure or measures.

A. Technical

1. Performance - corrective measure or measures whichare most effective at performing their intendedfunctions and maintaining the performance overextended periods of time will be given preference;

2. Reliability - corrective measure or measures whichdo not require frequent or complex operation andmaintenance activities and that have proveneffective under waste and facility conditionssimilar to those anticipated will be givenpreference;

3. Implementability - corrective measure or measureswhich can be constructed and operated to reducelevels of contamination to attain or exceedapplicable standards in the shortest period oftime will be preferred; and

4. Safety - corrective measure or measures which posethe least threat to the safety of nearby residentsand environments as well as workers duringimplementation will be preferred.

B. Human Health

The corrective measure or measures must comply withexisting EPA criteria, standards, or guidelines for theprotection of human health. Corrective measures whichprovide the minimum level of exposure to contaminantsand the maximum reduction in exposure with time arepreferred.

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C. Environmental

The corrective measure or measures posing the leastadverse impact (or greatest improvement) over theshortest period of time on the environment will befavored.

VI. TASK IV:REPORTS

A. Progress

The Permittee shall provide the EPA with signed,progress reports as required by Condition B.8.a ofModule III of this Permit.

B. Corrective Measures Study f'CMS'M Final Report

The Permittee shall prepare a CMS Final Re.,.•:, \ asrequired by Condition E.7 of Module III of this PermitThe CMS Final Report shall include all informationgathered under the approved CMS WorXplan. The CMSFinal Report shall *t a minimum include:

1. A description of the facility;

a. Site topographic map & preliminary layruts.

2. A summary of the corrective measure or measures;

a. Description of the corrective measure ormeasures and rationale for selection;

b. Performance expectations;

c. Preliminary design criteria and rationale;

d. General operation and maintenancerequirements; and

e. Long-term monitoring requirements.

3. A summary of the RCRA Facility Investigation andimpact on the selected corrective measure ormeasures;

a. Field studies (groundwater, surface-water,soil, air); and

b. Laboratory studies (bench scale, pick scale)

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Design and Implementation Precautions;

a. Special technical problems;

b. Additional engineering data required;

c. Permits and regulatory requirements;

d. Access, easements, right-of-way;

e. Health and safety requirements; and

f. Community relations activities.

Cost Estimates and Schedules;

a. Capital cost estimate;

b. Operation and maintenance cost estimate; and

c. Project schedule (design, construction,operation).

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APPENDIX C

COMPLIANCE SCHEDULE

APPENDIX C

COMPLIANCE SCHEDULE

E. I. DU PONT DE NEMOURS & COMPANY. INCORPORATEDPOMPTON LAKES. NEW JERSEY

Appendix C summarizes all of the compliance schedules addressedin Module III of this Permit. They are as follows:

I. Compliance Schedule For Interim Measures.

A. Pursuant to Moa-ie III Condition B.6.a, Permittee shallsubmit for approval an interim corrective measuresstudy within thirty (301 calendar days following thedate of the notification by the Regional Administratorrequiring implementation of interim correctivemeasures.

B. Pursuant to Module III Condition B. 6.b. Permittee shallsubmit for approval an interim corrective measures workplan within thirty (3CH calendar days after notifyingthe Regional Administrator of the actual or potentialthreat to human health or the environment.

C. Pursuant to Module III Condition E. 4 . a . Permittee shallsubir.it all materials concerning Interim Measures forSK-~ s as identified in Module III Condition A. 3 .cwithin thirty (30) calendar days of the effective dateof this Permit.

II. Compliance Schedule For Reporting.

A. Pursuant to Module III Condition B.8.a. Permittee shallsubmit signed progress reports of all activitiesconducted in accordance with the provisions of thisPermit Module, beginning no later than thirty C301calendar days after the Permittee is first required tobegin implementation of any such requirement.

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III. Compliance Schedule for Notification

A. Pursuant to Module III Condition B.10.a. Permitteewithin fifteen f151 calendar days; after discoveringfacility releases of hazardous constituents ingroundwater exceeding action levels have migrated off-site, shall notify the Regional Administrative and off-site owners or residents on land overlying suchcontamination,

B. Pursuant to Module III Condition B.10.b. Permitteewithin fifteen (15) calendar days; after discoveringfacility releases of hazardous constituents in air haveor are migrated off-site, exceeding action levels,shall notify the Regional Administrator and off-siteindividuals subject to such long term exposure.

IV. Compliance Schedule For Assessment of Nevlv IdentifiedSWMUs.

A. Pursuant to Module III Condition C.1. Permittee shallnotify the Regional Administrator, in writing, of anyadditional SWMU(s) within fifteen f!5) cal-endar days ofsuch identification.

B. Pursuant to Module III Condition C.2. Permittee shallsubmit a SWMU Assessment Report within thirty f30)calendar days after notifying the RegionalAdministrator of any additional SWMU(s).

C. Pursuant to Module III Condition C.3. Permittee shallsubmit for approval a SWMU Sampling and Analysis Planwithin thirty f30) calendar days after submittal of theSWMU Assessment Report.

D. Pursuant to Module III Condition C.4.b. Permittee shallsubmit for approval revisions of the SWMU Sampling andAnalysis Plan within thirty f30) calendar days aftermeeting with the Agency to discuss Plan comments, orwithin forty-five (45) calendar days after Permittee'sreceipt of Plan comments when no meeting is scheduled.

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E. Pursuant to Module III Condition C.4.c. Permittee shallbegin to implement the SWMU Sampling and Analysis Planwithin thirty (30) calendar days following writtenapproval of the Plan.

F. Pursuant to Module III Condition C.5. Permittee shallsubmit a SWMU Sampling and Analysis Report withinthirty (30) calendar days of receipt by the Permitteeof validated analytical data generated under theapproved SWMU Sampling and Analysis Plan.

V. Compliance Schedule and Notification Requirements For NewlyDiscovered Releases At SWMUs.

A. Pursuant to Module III Condition B, Permittee shallnotify the Regional Administrator, in writing, of anynewly-discovered releases at SWMUs, no later thanfifteen f15) calendar days after such discovery,

VI* Compliance Schedule For RCRA Facility Investigation ("RFI")Work Plan.

A. Pursuant to Module III Condition E.1.a, Permittee shallsubmit for approval a RFI Task I^Report for the SWMU(s)identified in Module Condition A.3.c. within sixty (60)calendar days after the effective date of this Permit,if applicable, and within sixty f60) calendar daysafter written notification that an RFI is requiredpursuant to Conditions C.6 and/or £ of Module III.

B. Pursuant to Module III Condition E.l.b. Permittee shallsubmit for approval a RFI Task II Report for theSWMU(s) identified in Module Condition A-3.c. w4«ninety (90) calendar days after the effective d;.te ofthis Permit, if applicable, and within ninety (90)calendar days after written notification that an RFI isrequired pursuant to Condition C.6 and/or E of ModuleIII.

C. Pursuant to Module III Condition E.l.c, Permittee shallsubmit for approval a RFI Work Plan for the £WMU(s)identified in Module Condition A.3.c within one-hundredand twenty (120) calendar days after the effective date

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of this Permit, if applicable, and within ninety (901calendar days after written notification that an RFI isrequired pursuant to Condition C.6 and/or £ of ModuleIII.

D. Pursuant to Module III Condition E.l.c.iv Permittee mayrequest, within thirty (301 calendar days of theeffective date of this Permit, EPA to review forapproval the Permittee's determination that any itemsrequired by Task III through V of the Scope of Work inAppendix A have been submitted or completed.

E. Pursuant to Module III Condition p.l.d.ii. Permitteeshall submit for approval revisions to the RFI WorkPlan within thirty (30} calendar days after meetingwith the Agency to discuss Plan comments, or withinforty-five (451 calendar days after Permittee's receiptof Plan comments when no meeting is scheduled.

VII. Coinpliance Schedule For RFI Work Plan Implementation.

A. Pursuant to Module III Condition E.2. Permittee shallbegin to implement the RFI Work Plan within thirty f3Cncalendar days following written approval of the Plan.

VIII. Compliance Schedule For RFI Final Report And SummaryReport.

A. Pursuant to Module III Condition E.3.a. Permittee shallsubmit for approval the RFI Final and Summary Reportswithin sixty (601 calendar days of receipt by thePermittee of validated analytical data generated underan approved work plan.

B. Pursuant to Module III Condition E.3.b.ii. Permitteeshall submit for approval revisions to the RFI-Finaland Summary Reports within fortv-five (45) calendardays after meeting with the Regional Administrator todiscuss Report comments or within forty-five (45)calendar days after Permittee's receipt of Reportcomments when no meeting is scheduled.

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C. Pursuant to Module III Condition E.3.C, Permittee shallmail the approved Summary Report to all individuals onthe facility mailing list within thirty (3en calendardays of receipt of Report approval.

IX. Compliance Schedule For Interim Measures.

A. Pursuant to Module III Condition E.4.a. Permittee shallcontinue implementing interim remedial measures,within thirty (30) calendar days of the effective dateof this Permit, the Permittee shall submit to the EPAall documents associated with such interim measuresidentified in the Table in Condition A.3.C. of ModuleIII.

B. Pursuant to Module III Condition E.4,c. Permittee shallsubmit within thirty (30) calendar days of theeffective date of this Permit, financial assurance forthe interim measures identified in Condition A.3.c ofModule III.

X. Compliance Schedule For Corrective Measures Study ("CMS")Scope of Work.

A. Pursuant to Module III Condition E.5.c. Permittee shallsubmit a Task I Report and documents within sixty f60)calendar days after the written notification by theRegional Administrator for a CMS.

B. Pursuant to Module III Condition E.5.df Permittee shallsubmit for approval a CMS Plan within sixty (60}calendar days after the writtt, notification by theRegional Administrator for a CMS.

C. Pursuant to Module III Condition E.5.e.ii. Permitteeshall submit for approval revisions to the CMS Planwithin thirty (30) calendar days after meeting with theAgency to discuss Plan comments, or within forty-five(45) calendar days after Permittee's receipt of Plancomments when no meeting is scheduled.

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XI. Compliance Schedule For CMS Implementation.

A. Pursuant to Module III Condition E.6. Permittee shallbegin to implement the CMS Plan within thirty f3(ncalendar days following written approval of the Plan.

XII. Ccifipliance Schedule For CMS Final Report.

A. Pursuant to Module III Condition E.7.a. Permittee shallsubmit for approval a CMS Final Report within forty-five (451 days after completion of the CMS.

B. Pursuant to Module III Condition E.7.c.ii. Permitteeshall submit for approval revisions to the CMS FinalReport within thirty f30) calendar days after meetingwith the Agency to discuss Report comments, or withinforty-five f 45^ calendar days after Permittee's receiptof report comments, when no meeting is scheduled.

XIII. Compliance Schedule For Financial Assurance.

A. Pursuant to Module III Condition E.9.b. Permittee shalldemonstrate financial assurance for completing theapproved corrective measure(s) within thirty f301calendar days after this Permit "has been modified.

B. Pursuant to Module III Condition E.4.c. Permittee shalldemonstrate financial assurance for carrying outinterim measures within thirty (30) calendar days ofthe effective date of this Permit.

XIV. Modification of the Compliance Schedules.

A. Pursuant to Module III Condition E.10.a.i. Permitteeshall submit proposed modifications of any ComplianceSchedule within fifteen f151 calendar days ofdetermining that a schedule cannot be met.

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APPENDIX D

COMPONENTS REQUIRED FOR RCRA ANALYTICAL DATA SUBMITTED TOUNITED STATES ENVIRONMENTAL PROTECTION AGENCY

APPENDIX D

COMPONENTS REQUIRED FOR RCRA ANALYTICAL DATA SUBMITTED TO UNTTfpSTATES ENVIRONMENTAL PROTECTION AGENCY*

AXE. I. DU PONT DE NEMOURS & COMPANY. INCORPORATED

POMPTON LAKES. NEW JERSEY

A Report Narrative should accompany each submission, summarizingthe contents, data and QA/QC results and all relevantcircumstances of the work.

A. Parameter requested.

B. Sample Number or Numbers, Matrix, and:

1. Date and time collected;2. Date extracted and/or digested;3. Date and time analyzed; and4. Chain of custody report and/or form, including

confirmation of unbroken chain of custody, intactsample packaging and container seals and adequatetemperature an^'-r other preservation.

C. Results *•••*•

1. Sample results;2. Duplicate;3. Blanks;*4. Matrix spike; matrix spike duplicate; blank spike; and5. Surrogate recoveries, if applicable.

D. Supporting QA/QCb

1. Methodology;2. Method detection limits, instrument detection limits03. Linear curves;4. Percent solids for soils, sludges, sediments, and where

otherwise applicable;5. Calculations3;6. Cleanup procedures;7. Data validation procedures, results, and completed data

validation checklists; and8. Documentation which illustrates how blank water is

determined to be analyte-free.

In addition to submitting the above, all sample data and itsQA/QC data as specified in SW-846, 3rd edition, Chapter 1, mustbe maintained accessible to USEPA either in hard copy or onmagnetic tape or disk (computer data files). The data, if

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requested by USEPA, should be formatted as described in SW-846,3rd edition, Chapter 1. This requirement may be changed in thefuture to mandate computer data files, accessible to USEPA onrequest. This does not obviate the requirement to do the QA/QCspecified in each individual EPA-approved method.

* Components for RCRA submissions for non-contract LabProtocols. If CLP, then CLP deliverables are required,unless otherwise stated in the approved plan.

a The data should include all blanks (trip, equipmentrinse, method and instrument blanks) as specified inthe sampling and analysis plan, guidance andregulation.

b Supporting QA/QC should be specific to the RCRA samplesanalyzed,

c Every effort practicable must be made to achievedetection limits below regulatory limits and comparableto or better than the Practical Quantification Limitsspecified in the EPA-approved methods. In no case,will reporting limits above the specified PQL's beaccepted without extensive and complete documentationto USEPA.

d These may not need to be submitted if adequate QA/QCsummaries validating the data, including calibrationcontrol charts, correlation coefficients, etc. TheReport Narrative should-describe the data validationand explain discrepancies. The supporting data shouldbe provided to USEPA upon request, without restriction.Calibration data must include date and time ofanalysis.

e Frequencies of blanks, duplicates, spikes, surrogates,calibrations, standard reference materials, etc.,should be as stated in the approved sampling andanalysis plan, the approved analytical methods and thesw-846 3rd edition, Chapter 1, requirements. If thereare any perceived conflicts, these should be resolvedwith USEPA in advance of sampling.

f Spiking for metals, organics or other parameters mustbe done before sample preparation (i.e. beforedigestions, extractions etc.) unless otherwise statedin the approved plan. Furnace Analysis for metals willstill require post-digestion spikes on all samplesanalyzed by this technique.

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UNITED STATES ENVIRONMENTAL PROTECTION AGENCYI REGION 2* 290 BROADWAY" NEWYORK, NY 10007-1866

MAY - 4 2010Sheryl A. Telford, DirectorDuPon1. Corporate Remediation GroupChestnut Run 71 5-201Rte 141 and Faulkland RoadWilmington, DE 19805

Re. E^l.JJupont DC N cm OUTS & Company Incorporated, Pnmpion JLakes,.Nt-w Jersey Facility, EPA I.D. Number NJD 002173946KCRA HSWA Permit, Modified Compliance Schedule

Dear Ms. Telford:

Unclosed herewith is a Modified Compliance Schedule, which sets forth DuPont'scorrective action obligations, as defined at this time, under the Environmental ProtectionAgency ("EPA") issued Permit for the above-referenced facili ty.

The Permit, which became effective on August 24, 1992, was issued to F.I. DuPonl DeNemours & Company Incorporaled ("DuPont") under the Solid Waste Disposal Acl (the"Act") as amended by the Resource Conservation and Recovery Act ("RCKA"), and theHazardous and Solid Waste Amendments of 1984 ("HSWA"), 42 United Slates Code("U.S.C."), Section 6901 et seq. Pursuant to Module 1-F.2 of the Permit, DuPontsubmitted a t imely application for Permit renewal on February 24, 1997. Pursuant toModule 1-F.(3) of the Permit, all conditions of the original 1992 Permit remain in effect.

The enclosed Compliance Schedule is issued by F,PA pursuant to Module 1II-E.1 0(c) ofthe Permit, and is based upon and reflects in large part, the milestones contained in the

• proposed/ Remediation Implementation Schedule DuPont submitted to EPA on March 29,2010. DuPonT has the duty lo comply with the enclosed Compliance Schedule, pursuantto Module l-F.(l) of the Permit. Any non-compliance may be grounds for anenforcement action under the Acl.

While considerable progress has been made through remediation work carried out byDuPont under ihe EPA Permit and the 1988 Administrative Consent Order ("ACO")between DuPoni and the New Jersey Department of Environmental Protection("NJDEP"), EPA has determined that it is necessary to have a comprehensive complianceschedule in place that sets specific milestones for DuPont's completion of correctiveaction activities under the Permit.

Please be advised thai additional correclive action tasks may arise pursuant to Module111- B(6) or B(10) or Module 111-C or 1M-D of the Permit should information obtainedfrom technical studies or from uther sources identify new Solid Waste Management Units

Inicmel Addiew (URL) • hnp^Avww.epa.gov>Pnm*d with V*«*Ubt« OUBaMd tnki en R*cjrO^ Pmf»t (Minimum ftO% Putcoraunw conwnt)

t"S WMUs"), Areas of Concern ("AOCs") or contaminant releases from the PomptonLakes facility. If so, after consultation with DuPont and NJDEP, EPA may modify theenclosed Compliance Schedule to incorporate corrective action tasks with respect to suchS WMUs, AOCs or contaminant releases.

In its discretion, EPA may also modify the enclosed Compliance Schedule shouldadditional information become available that may impact DuPont's ability to meet aspecific scheduling Due Date or Due Dates. DuPont will be notifxxl in writing of anymodifications that EPA may make to the Compliance Schedule.

Finally, I wish to reassure DuPont that EPA will continue to consult closely with NJDEPconcerning DuPont's corrective action activities at the facility in order to coordinate ourefforts and avoid duplication of effort. We will also work closely with DuPont as itcarries out its Permit obligations.

In accordance with the provisions of Module Ill-E.lO(cXiM'v) of the Permit, EPA willnotify all persons on the facility mailing list concerning the enclosed ComplianceSchedule.

If you have any questions on this matter, please call me at (212) 637-3724 or contactClifford Ng, at (212) 637-4113.

Sincerely,

Barbara A. Finazzo, DirectorDivision of Environmental Planning and Proteclion

cc: David Epps, DuPontLeonard Romino, NJDEPStephen Maybury, NJDEP

UNITED STATES ENVIRONMENTAL PROTECTION AGENCYRCRA HSWA PERMIT

E.I. DUPONT DE NEMOURS & COMPANY INCORPORATEDPOMPTON LAKES, NEW JERSEY FACILITY

EPA I.D. NUMBER NJD002173946

COMPLIANCE SCHEDULE

SECTION A. SITE-WIDE SOILS REMEDIATION

ACTION AREA/DELIVERABLESEPA ACTIONS

Eastern Manufacturing Area RFI

Submittal for approval of the Eastern ManufacturingArea Soils RCRA Facility Investigation (RFI) Report.

l.iiMcm Manufacturing Area locations: North Plant: 1 - 46, 123 -138. 1 5 2 - 161. 163, 187. 191 {75 total) /Mid plant: 47 - 82, 104.105, 116. 1 3 9 - 144. 162. 164- 176. 188- 190 {62 total)/ Southplant: 83- 103. 106. 120- 122.177- 181, 183 - 185 (33 total)/Area Wide: 118. 182, and I Rfi

Noitfs: I he site Incatitnis above correspond to designations byl-.PA and New Jersey Dl'-.P, as follows:

M - 1 5 ! KPA: Solid Waste Management Unite (SWMUs)NJDEP: Areas of Concern (AOCs)

-152-202 EPA: Newly-identified SWMUsN.1DKP: AOCs

Hie RH is referred to by NJHEP as Remedial Investigation

Report (RIR).

Due Date/Milestone(Calendar Days)

June 30. 2010

COMMENTS

The RFI Report is required by Module UI-E.3(a) ofthe Permit The schedule contained herein isestablished by EPA pursuant to Module I I I -E . lO(c )of the Permit. EPA and NJDEP will coordinatereview of the Report. Revisions to the Report maybe required pursuant to Module III-E.3(b) of thePermit; if so, the date for submittal of the revisedReport will be specified by EPA.

DuPon: [M.W Compliance Schedule of 15

Western [Manufacturing Area RFI

Submittal for approval of the Western Mam facturing j June 30, 2010Area Soils RFI Report. j

i

Western Manufacturing Area locations: 107 - 115, 119, M5 - i151.192 - 202 i

Notes: The site locations above correspond to designations byTPA and New Jersey DEP, as follows:

$ 1 - 1 5 1 EPA: Snlid Waste Management Units (SWMt-'s)NJDEP: Areas of Concern (AOCs)

* 152-202 EPA: Newly identified SWMUs"NJDCP: AOCs.

The RK1 is referred to by NJDHP as Remedial InvestigationRepon (RIR).

Northern Manufacturing Area RFI

iI Submittal for approval of the Northern Manufacturing June 30, 2010] Area Soils RFI Reportii Northern Manufacturing Area locations: 117 and i 19.i

Notes: The site locations above correspond lo designations byHP A and New Jersey DEP, as follows:

"1-151 EPA: Solid Waste Management Units (SWMUs)NJDEP: Areas of Concern (AOCs)

: '-152-202 EPA: Newly identified SWMUsI NJDEP: AOCs.] ]

! The RFI is referred to by NJDEP as Remedial Investigation |Report (RIR).

i

L

The RFI Report is required by Module III-E.3(a) ofthe Permit. The schedule contained herein isestablished hy EPA pursuant to Module I I I -E . lO(c )of the Permit. EPA and NJDEP wil l coordinatereview of the Report. Revisions to the Report maybe required pursuant to Module IIl-E.3(b) of thePermit; if so. the date for the submittal of the revisedReport will be specified by EPA.

The RFI Report is required by Module III-E 3(a) ofthe Permit. The schedule contained herein isestablished by EPA pursuant to Module III-E. 10(c)of the Permit. EPA and NJDEP will coordinatereview of the Report. Revisions to the Report maybe required pursuant to Module III-E.3(b) of thePermit; if so, the date for the submittal of the revisedReport will be specified by EPA.

OuPoni PLW Compliance Schedule page 2 of 15

i EPA Actions

; EPA approval of RF1 Reports for Eastern, Western| and Northern Manufacturing Areas.

EPA approval of RFIReports as soon aspracticable aftersubmission(s).

EPA approval of RFI Reports submitted pursuant toModule III.-E.3(a) and, if necessary, E.3(b) of thePermit.

Facility Mailing List Notification

Permittee to notify facility mailing list of completionand availability of RFI Report.

Corrective Measures Study (CMS) Final Report

Submittal for approval the Corrective Measures Study(CMS) Final Report for the Eastern, Western andNorthern Manufacturing Areas.

Note: The CMS Final Report is referred to by NJDEPas the Soils Remedial Action Selection Report(RASR).

Within 30 days afterEPA approval ofRFI Report.

Submittal required by90 days after EPAapproval of the RFIReports for theEastern, Westernand NorthernManufacturing Areas.

Notification by Permittee of facility mailing listrequired by Module IIl-E.3(c) of the Permit.

CMS Final Report is required by Module I I I - K.and 7(b) of the Permit. EPA and" NJDEP wi l lcoordinate review. Revisions to the CMS FinalReport or additional evaluation may be requiredpursuant to Module III-E.7(c) and/or 7(d) of thePermit; if so, the date for submittal of a revisedReport will be specified by EPA.

7(a]

Oul'nnt I'l .W Compliance Schedule page 3 of 15

EPA Actions

EPA approval of the CMS Final Report submissionsand selection of" proposed remedies for the Eastern.Western and Northern Manufacturing Areas;preparation of proposed Permit Modification; publiccomment period on proposed Permit Modification;Responsiveness Summary; final decision on proposedPermit modification.

EPA actionscommence as soon aspracticable after CMSsubmissions.

EPA actions pursuant to Module I I I -E .8 and E.9 ofthe Permit

Soils Corrective Measures Implementation (CMI)Work Plan

Submittal for EPA approval of the Soils CorrectiveMeasures Implementation (CMI) Work Plan,including an implementation schedule, for the Eastern,Western and Northern Manufacturing Areas.

Note: The CMI Work Plan is referred to by NJDEP asthe Soils Remedial Action Work Plan (RAWP)

270 days after EPAapproval of CMSReport, unlessPermittee providesjustificationacceptable to EPA forlonger period. (As ofMarch 29, 2010,Permittee estimated365 days required).

Permit Modification for the selection of soilsremedies will include requirements for theCMI Work Plan, including an implementationschedule. EPA and NJDEP wil l coordinate review.Revisions to the Work Plan and implementationschedule may be required; if so, the date forsubmittal of a revised Work Plan andimplementation schedule will be specified by EPA.

PI.W Compliance Schedule page 4 of

EPA Actions

EPA approval of CM! Work Plans, includingimplementation schedule, for the Eastern, Western andNorthern Manufacturing Areas.

EPA approvals ofCM1 Work Plan,includingimplementationschedule as soon aspracticable aftersubmissions

EPA approvals pursuant to Module III- E.9(a) of thePermit or as specified in the Permit following itsModification.

Implement EPA Approved Soils CorrectiveMeasures (CMU Work Plans

Complete final soils remediation for the Eastern,Western and Northern Manufacturing Areas inaccordance with the CM! Work Plan andimplementation schedule, as approved by EPA.

Note: The CMI is referred to by NJDEP as SoilsRemedial Action Implementation.

Start work uponreceipt of EPAapproval of CMIWork Plan andimplementationschedule.

As of March 29.2010, Permitteeestimatedapproximately three(3) years to completesoils remediationwork.

Implementation of the remedies selected pursuant toModule I I I - E.(9) of the Permit and any applicablerequirements of the Permit following itsModification.

Dul'nm PLW Compliance Schedule page 5 o f !5

hnplcmcnj She Restoration for the Eastern,Western and Northern Manufacturing

Completion ofsitc restoration for the Eastern, Westernand Northern Manufacturing Areas in accordance withCM! Work IMans and implementation schedules, asapproved by EPA.

As of March 29,2010, Permitteeestimated 365 days tocomplete siterestoration for theEastern, Western andNorthernManufacturing areas,following completionof soils remediation.

SubmiHal of the Site-wide Soils CMI Report

The site-wide soils CMI Report to include all workperformed in the Eastern, Western and NorthernManufacturing Areas.

Note: The Site-wide Soils CMI Report is referred toby NJDEP as the Site-wide Soils Remedial ActionReport (RAR).

As of March 29,2010, Permitteeestimated submissionof the CMI Report180 days aftercompletion o f s i t crestoration.

Implementation of the remedies selected pursuant toModule I I I - E.(9) of the Permit and any applicablerequirements of the Permit following itsModification.

Report on implementation of the remedies selectedpursuant to Module III-E.(9) of the Permit and anyapplicable requirements of the Permit following itsModification. EPA and NJDEP to coordinate reviewof the Report. Revisions to the Report may berequired; if so, the date for submittal of the revisedReport will he specified by EPA.

Diil'on! PI W Compliance Schedule paye 6 of 15

SECTION B. POMPTON LAKE DELTA

ACTION AREA/DELIVERABLESEPA ACTIONS

Pompton Lake Delta Remediation

The Pompton Lake Delta area requiresremediation because of migration of contaminationfrom the DuPont facility.

Submittal for approval of the Corrective MeasureImplementation (CMI) Work Plan, including animplementation schedule for the work.

Notes: (1) A RCRA Facility Investigation (RFI) anda Corrective Measures Study (CMS) Final Reporthave previously been submitted to NJDEP and EPA.(2) The RFI is referred to by NJDEP as a RemedialInvestigation Report (RIR); the CMS Final Report isreferred to by NJDEP as the Soils Remedial ActionSelection Report (RASR). (3) The CMI Work Planis referred to by NJDEP as the Remedial ActionWork Plan (RAWP).

Due Date/Milestone(Calendar Days)

June 30, 2010

COMMENTS

The Pompton Lake Delta contamination and need forremediation have been identified pursuant to ModuleIII-D. of the Permit.

The CMI Work Plan, including an implementationschedule, to be incorporated in a proposed PermitModification. EPA and NJDEP will coordinatereview. Revisions to the CMI Work Plan and itsimplementation schedule maybe required; if so, adate for submiltat of the revised CMI Work Plan andits implementation schedule will be specified byEPA.

DuPom IM.W Compliance Schedule 7 of I

EPA ACTIONS

HP A approval of previous RFI Report and CMSFinal Report submissions and selection of proposed

I remedy for the Pompton Lake Delta; EPA approvalof CM1 Work Plan and implementation schedule;preparation of proposed Permit Modification; public

! comment period on proposed Permit Modification;Responsiveness Summary; final decision onproposed Permit Modification.

EPA actions commenceas soon as practicableafter CM1 Work Plansuhmittal.

EPA actions pursuant to Module 1II-E.(8) and E.(9)of the Permit.

Implement Remediation of Pompton Lake Delta

Permittee to complete additional design studies;prepare and obtain necessary state and local permits;implement site preparation, including establishingsediment handling areas and trucking routes;perform required removal work.

Permittee to start workon receipt of EPAnotification afterPermit Modificationapproval.

As of March 29, 2010,Permittee estimatedapproximately 3 yearsand 9 months tocomplete PomptonLake remedial work,including time requiredfor design work andobtaining necessarystate and local permits.

Implementation of the remedies selected pursuant toModule III-E.(8) and E.(9) of the Permit and anyapplicable requirements of the Permit following itsmodification.

DuPoni PLW Compliance Schedule 8 of 15

DC niofailtzat ion/Restoration _Actiy[t[csiSuhiuittal of the Pompton Lake Delta CMl

The CMI Report to include all work performed inthe Pompton Lake Delta area.

Note: The CMI report is referred to by NJDEP asthe Remedial Action Report.

As of March 29, 2010,Permittee estimatedapproximately 18months required tocomplete siterestoration anddemobilization andsubmit CMI Report.

A CMI Report for the Pompton Lake Delta isrequired by Module III-E.(9) of the Permit and anyapplicable requirements of the Permit following itsmodification. EPA and NJDEP to coordinatereview. Revisions to the CMI Report may berequired; if so, the date for submittal nf the revisedReport will he specified by EPA.

f ' l . W Compliance Schedule papc 9 of 15

SECTION C. WANAQUE RIVER

VVanaque River RFI

The Wanaque River requires further investigationbecause of migration of contamination from theDuPont faci l i ty .

Submittal for EPA approval of a RCRA facilityinvestigation ( R F I ) Report for the Wanaque River.

Note: The RFI Report is referred to by NJDEP as theRemedial Investigation Report (RIR).

July 3 1 , 2010

Facility Mailing List Notification

Permittee to notify facility mailing list of completionand availability of the RFI Report.

Within 30 days afterEPA approval of the

i RFI Report.

The elements of the RFI Report are described inModule III-E.3(a) of the Permit. EPA and NJDEP tocoordinate review. Revisions to the RFI Report maybe required pursuant to Module II I -E.3(b) of thePermit; if so, the date for submittal of the revisedReport will be specified by EPA.

Notification of facility mail ing list required byModule IM-E.3(c) of the Permit.

Wanaque River - Additional StudiesAnd ActionsFuture studies and actions may be required for theWanaque River, based on the results of the RFI.

To be determined A CMS Plan and/or CMS Report may be requiredpursuant to Module I I I -E.(5)- E.(7) of the Pen-nit; ifcorrective measures are required, EPA and Permitteewill proceed pursuant to Module III E.{8) and E.(9)of the Permit.

PLW Compliance Schedule page 10 of

SECTION D. INTERIM MEASURES — GROUND WATER REMEDIATION

Interim Measures

Ground Water Remediation

Permittee to carry out a Pilot Study of ground waterremediation, including field characterization, toevaluate techniques for treating the ground watercontamination from the DuPont facility.

Field Characterization/Pilot Study concept designWork Plan submitted for approval to EPA.

Submittal for EPA approval of a revised FieldCharacterization/Pilot Study concept design WorkPlan.

Completed andsubmitted to EPA.

EPA Action,

EPA approval of the revised Field CharacterizationPilot Study concept design Work Plan, including theIRM Field Characterization Study.

By May 1,2010

As soon as practicableafter submittal of therevised FieldCharacterization/PiiotStudy concept designWork Plan.

The Pilot Study is being carried out pursuant toModule III-B.6(b) and Module III-E.4 of the Permit.EPA and NJDEP have coordinated review.Revisions to the Field Characterization/Pilot Studyconcept design Work Plan Characterization Studyare underway by Permittee.

The Field Characterization/Pilot Study conceptdesign Work Plan is required pursuant to ModuleIlI-B.6(b) and Module HI-E.4 of the Permit.

EPA approval of the revised FieldCharacterization/Pilot Study concept design WorkPlan pursuant to Module HI-B.6(b) and Module I I I -H.4 of the Permit.

f 'LW Compliance Schedule page 1 I of 15

Field Characterization Implementation; FinalPilot Studv Work Plan Submittal

• Implement Field Characterization Study, includingI data evaluation-i

| Submittal for EPA approval a Final Pilot Study: Work Plan.

EPA Action

EPA approval of Final Pilot Study Work Plan.

i By November 10,| 2010.

j By November 10.2010.

EPA and NJDEP to coordinate review.

EPA and N'JDEP to coordinate review. Revisions tothe Final Pilot Study Work Plan may be required; ifso, the date for submittal of a revised Final PilotStudy Work Plan will be specified by EPA.

As soon as practicable EPA approval of the Final Pilot Study Work P lan orafter submittal of the . revised Final Pilot Study Work Plan pursuant toFinal Pilot Study Work Module Ill-B.6(b) and Module III-E.4 of the Permit.Plan or revised Final jPilot Study Work Plan.

Pilot Study Implementation; Final Report

Permittee to conduct Pilot Study and prepare PilotStudy Report.

As of March 29, 2010,Permittee estimatedapproximately I 8months to completePilot Studyimplementation andcomplete Pilot StudyReport.

Implementation of The Pilot Study and preparationof the Pilot Study Report to be carried out pursuantto Module [II B.6(b) and Module I I I -E .4 of thePermit.

PuPom Pl.W Compliance Schedule page 12 of 15

SECTION E. INTERIM MEASURES — VAPOR INTRUSION MITIGATION

Vapor Intrusion Investigative Report

Vapor intrusion of hazardous chlorinated volatileorganic compounds resulted from a plume of"contaminated ground water that has migrated fromthe DuPont facility, and impacted or potentiallyimpacted residences located above the plume.

Vapor Intrusion Investigative Report submitted toEPA.

Vapor Intrusion Report

The 1RM Report to contain data on remediationsystem installations for the residences impacted byvapor intrusion, and other relevant information andrecommendations.

Vapor Intrusion Interim Remedial Measures ( I R M )Report submitted to EPA.

June 30, 2010 The Vapor Intrusion Investigative Report is requiredby Module I I I B.6(b) and Module III-E.4 of thePermit. EPA and NJDEP to coordinate review.Revisions to the Report maybe required; if so, adate for submittal of the revised Report will bespecified by EPA.

Permittee to submitIRM Report byDecember 31 ,2010

! The Vapor IRM Report is required pursuant to! Module III B.6(b) and Module III-E.4 of the Permit.j EPA and NJDEP to coordinate review. Revisions toj the Report may be required; if so, a date for, submitlal of the revised Report will be specified by; EPA.

Dul'ont I'i W C oinpliance Schedule page 13 of 15

Vapor System InstallationsIn Affected Residences

As of April 15, 2010, 4.V) affected residences havebeen identified.

Vapor System Instal lat ion Complete

Timetable requirements for Vapor Systeminstallations in additional residences for whichDuPont is managing the instal lat ion process.

176 as of April 15,2010

98 additional affected I Vapor system installations required as interimresidences* to have i remedial measures pursuant to Module MI-B.(6)fb)vapor systems installed j and Module III-E.4 of the Permit,by December 1, 2010. j

(* less any residenceswhich deny access orcancel DuPontmanagement of thedesign/installationprocess).

DuPont PIAV Compliance Schedule page 14 of 15

Progress Reports On Vapor System Installations

Permittee to submit monthly Progress Reports onVapor System Installations in affected residences.

By the 10'month.

day of each

Progress Reports on Additional Delineation ofExpanded Impact Area

Permittee is required to conduct additionaldelineation of the expanded impact area boundary(pursuant to the approved Deep Soil Gas SamplingWork Plan, which is part of the vapor intrusioninvestigation), where access to homes to conductsub-slab sampling has been denied.

i On-going Vapor System Activity forj Additional Residences.

Vapor System activities for 165 affected residencesfor which owners have not agreed to participate, ordeclined to have DuPont manage the Vapor Systemdesign/installation processor have not responded.Outreach and technical assistance will continue onan on-going basis.

(Annual not i f ica t ion wil l he provided to anyresidents who refuse systems or do not respond.)

By the 10lh day of eachmonth.

Progress Reports required pursuant to Module I I I -B.(6)(b) and Module II1-E.4 of the Permit.

Progress Reports required pursuant to Module I I I -B.(6)(b) and Module III-E.4 of the Permit.

Scheduling of systemdesign/installation forthe 165 residences to bedetermined on a case-by-case basis.

Interim Measures for vapor mitigation systemsrequired pursuant to Module III-B.6(b) and ModuleIII-E.4 of the Permit.

Dul'oni I'LW Compliance Schedule page 15 of 15

JUL 0 7

Mr. David E. Epps, P.O.Project Director, Pompton Lakes WorksDuPont Corporate Remediation GroupDuPont Pompton Lakes Works2000 Cannonball RoadPompton Lakes, NJ 07442

Re: Modified Compliance Schedule

Dear Mr. Epps:

This is in response to your May 19, 2010 letter to Clifford N g i n which you noted errors in thecompliance schedule that you had provided to EPA. We approve your request and supportingjustification for making the corrections to the dates in the RCRA HSWA Permit ModifiedCompliance Schedule, included with the May 4, 2010 letter from Barbara Finazxo, EPA, toSheryl Tel ford, DuPont.

Enclosed is the revised RCRA HSWA Permit Modified Compliance Schedule. The followingmilestone dates have been corrected to:

1. Vapor Mitigation R I R Report - June 30. 2010

2. Vapor Mitigation IRM Report- Deccmber.il, 2010

3. Wanaque River R I R Report - Ju ly 3 1,201'O

If you have any questions, please feel free to contact Clifford Ng, of my staff, at (212) 637-41 13.

Sincerely yours,

Adolph Everett, P.H., ChiefRCRA Programs Branch

Enclosures

ce: Prank Faranca, NJDHP, w/enels.