2012-03-07_PERMIT FILE - C2010088 (23)

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Mr. Keith Holder Mr. Chris Hawley August 15, 2003 Page 3 C. The Division has determined that the operation of Waste Pile Number 4 (including the former waste pile, the API Separator Pond and possibly the Long Pond and Oxidation Pond Nos. 1 through 3) has resulted in contamination of groundwater beneath the unit. An enforceable closure and/or post - closure care plan would typically be necessary to specify the groundwater remediation to be performed to address the release from Waste Pile Number 4. However, the Division has determined that since it will be difficult to distinguish between groundwater contamination caused by Waste Pile Number 4 and contamination caused by releases from other areas of the refinery being addressed under CHWA corrective action that are located immediately upgradient and downgradient of the of the unit, that the remediation of groundwater contamination resulting from releases from Waste Pile Number 4 may be addressed as part of a site -wide groundwater remediation strategy. Based in part on our knowledge of the terms of the Purchased Land Transaction between FMM and WSR, the Division has determined that FMM is responsible for addressing the groundwater contamination emanating from Waste Pile Number 4.. Therefore, the Division is hereby amending the FMM Compliance Order No. 98- 06 -05 -01 to add the following sentence onto the end of Paragraph No. 42: "The requirements for characterization and/or remediation of groundwater specified in this Compliance Order also apply to contamination that has resulted from releases of hazardous waste or hazardous constituents from Waste Pile Number 4." D. FMM has completed the removal of visually. contaminated soil from within the Long Pond and Oxidation Pond Nos. 1 through 3 portions of Waste Pile Number 4 in accordance with the Approved WP4 Closure Plan. Based in part on our knowledge of the terms of the Purchased Land Transaction between FMM and WSR, the Division has determined that FMM is responsible for conducting the closure verification soil sampling as required by the Approved WP4 Closure Plan. Upon submittal by FMM of the closure certification for these portions of Waste Pile Number 4, the Division will evaluate the results of the closure verification soil samples to determine the closure status of these components of the Approved WP4 Closure Plan. E. Based in part on our knowledge of the terms of the Purchased Land Transaction between FMM and WSR, the Division has determined that FMM is responsible for completion of the outstanding CHWA Closure activities at the Acid Sludge Impoundment. WSR has successfully completed the soil remediation activities specified in the September 30, 1998 "Acid Sludge Impoundment Closure Plan Modification as approved by the Division on January 26, 1999 (approved Acid Sludge Impoundment Closure Plan). In a letter dated September 9, 2002, the Division notified WSR that the groundwater remediation activities specified in Section 4.6 of the approved Acid Sludge Impoundment Closure Plan were to be installed and in operation within one year of receipt of the letter. The Division has now determined that FMM is to install and begin operation of the free product recovery activities specified in Section 4.6 of the approved Acid Sludge Impoundment Closure Plan within one year of receipt of this letter. Alternatively, FMM may propose that the remediation of the groundwater contamination that has resulted from releases from the Acid Sludge Impoundment be incorporated into the site -wide groundwater remediation strategy in accordance with the FMM Compliance Order No. 98- 06- 05 -01. This maybe justified if FMM can provide evidence that it will be very difficult to distinguish groundwater contamination emanating specifically from the Acid Sludge Impoundment from other known, or highly likely, sources of free product upgradient and/or downgradient of the unit. FMM may accomplish this by submitting a