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Mr. Keith Holder <br />Mr. Chris Hawley <br />August 15, 2003 <br />Page 2 <br />A. The Division has evaluated WSR's October 21, 2002, "Certification of Closure for the Western <br />Slope Refining Company Land Treatment Facility" and has determined that the closure activities for <br />the unit have achieved the residential/unrestricted use soil closure standards. In addition, we <br />determined that the operation of the Land Treatment Area has not resulted in a release of hazardous <br />waste or hazardous constituents to groundwater. The Division verified that the closure activities for <br />the Land Treatment Area were complete during a December 20, 2002 inspection. Therefore, the <br />Division is hereby approving the WSR closure certification for the Land Treatment Area component <br />under the Approved WP4 Closure Plan. The Division's Resource Conservation and Recovery Act <br />(RCRA) database for the WSR site will be changed to show that the Land Treatment Area has been <br />clean closed and that no further action is required for the unit. <br />B. FMM has completed closure verification soil sampling within the actual footprint of the former <br />waste pile and the API Separator Pond. The Division has evaluated the results of closure <br />verification soil samples collected from these areas with respect to the chemical specific, human <br />health risk -based soil closure standards recently incorporated into the Approved WP4 Closure Plan. <br />The Division has determined that the concentration of hazardous constituents remaining in the soil <br />beneath the former waste pile and the API Separator Pond meet the industrial exposure scenario soil <br />closure standards. <br />The closure activities for the former waste pile and the API Separator Pond did not result in <br />achievement of the residential scenario / unrestricted use soil closure standards. As a result, an <br />enforceable post - closure care plan and an Environmental Covenant pursuant to C.R.S. § 25-15 - <br />320(2)(a) will be required for these units. However, the Division has designated the land area <br />occupied by the former waste pile and the API Separator Pond as a land treatment Corrective Action <br />Management Unit (CAMU) under an enforceable Corrective Action Plan (CAP). Therefore, the <br />Division has determined that neither a post - closure plan nor an Environmental Covenant for the <br />former waste pile and API Separator Pond will be required while the CAMU is in operation. <br />In order to reconcile the prior change in ownership of the land occupied by these two units and the <br />administrative change in their status from CHWA units undergoing closure to an operating CAMU, <br />our RCRA database for the WSR site has been changed to show that the former waste pile and API <br />Separator.Pond portions of Waste Pile Number 4 have been clean closed and that no further action is <br />required. At the same time, the operating CAMU was added to our RCRA database for the FMM <br />site as a new unit. <br />It is possible that the operation of the CAMU within the former waste pile and API Separator Pond <br />will result in continued treatment of the soil beneath the units to the extent that the unrestricted use <br />closure standards are achieved. As a result, the need for post - closure care activities and an <br />enforceable institutional control at the former waste pile/API Separator Pond/CAMU will be <br />reevaluated during the closure of the CAMU. Any required post - closure activities and enforceable <br />institutional controls for soil will be specified in an enforceable post - closure care document upon <br />completion of CAMU closure activities. Based in part on our knowledge of the terms of the <br />Purchased Land Transaction between FMM and WSR and on FMM's CAP and CAMU application, <br />the Division has determined that FMM is responsible for closure and (if required) post - closure <br />activities at the CAMU. <br />