WIPP Environmental Reporting Requirements

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Report

Type-Scheduled Unscheduled

Frequency

Due Date

Origin of Requirement

Reference

Preparing Organization(s)

Reviewing Organization(s)

Recipient(s)

Semiannual Volatile Organic Compound (VOC ) Monitoring Hydrogen-Methane Report

S

Semiannually

26-Oct and 26‑Apr

NMHWA

HWFP IV.F.2.b

The Permittees shall report to the Secretary semiannually, beginning twelve months after issuance of this Permit, The data and analysis of the VOC Monitoring Plan.

 

HWFP IV.F.5.b

The Permittees shall report to the Secretary semiannually, beginning twelve months after issuance of this Permit, The data and analysis of the Hydrogen and Methane Monitoring Plan.

MOC

CBFO Assistant Manager of Operations

Hazardous Waste Permits Program Manager
Hazardous Waste Bureau
New Mexico Environment Department
2905 Rodeo Park Drive East, Building 1
Santa Fe, New Mexico 87502

Annual Mitigation Action Report

S

Annual

10-Jul

DOE Order

DOE Order 451.1B, National Environmental Policy Act Compliance Program, and 10 CFR Part 1021, National Environmental Policy Act Implementing Procedures, specify that a mitigation action plan be prepared to mitigate environmental impacts resulting from the implementation of commitments made in the record of decision for an environmental impact statement.  The Order further requires that an annual mitigation report be prepared and submitted on the anniversary of a mitigation action plan to demonstrate the progress made in implementing the commitments and effectiveness of any mitigation activity until the activity has been completed.

 

DOE M 231.1-1A, Environmental, Safety and Health Reporting Manual, Chapter I, Section 3, National Environmental Policy Act (NEPA) Reporting, calls for the submittal of an annual report to the Office of NEPA Policy and Compliance on progress in implementing, and the effectiveness of, any commitment for environmental impact mitigation that is essential to render the impacts of a proposed action not significant or that is made in a record of decision.  The report may be submitted on the mitigation action plan anniversary or as part of a combined report (for example, as part of the annual NEPA planning summary) for multiple plans until mitigation has been completed.

MOC

CBFO Assistant Manager of Operations

DOE Headquarters

Assistant Secretary for Environmental Management

1000 Independence Avenue, SW
Washington
, DC 20585

Annual NEPA Planning Summary

S

Annual

31-Jan

DOE Order

DOE M 231.1-1A, Environmental, Safety and Health Reporting Manual , Chapter I, Section 3, National Environmental Policy Act (NEPA) Reporting, calls for the submittal of an annual NEPA planning summary to the Assistant Secretary for Environment, Safety and Health by January 31 of each year and make it available to the public.  The current version of DOE O 451.1B, National Environmental Policy Act Compliance Program, describes the contents of the annual NEPA planning summary.

MOC

CBFO Assistant Manager of Operations

DOE Headquarters
Office of NEPA Policy and Compliance, (GC‑20)
1000 Independence Avenue, S.W.
Washington, D.C. 20585

Annual Site Environmental Report

S

Annual

1-Oct

DOE Order

DOE O 231.1A(5)(b)(3)
Prepare summaries of environmental data annually to characterize site environmental management performance.  (See DOE M 231.1-1A, Chapter I.) 

 

HWFP L-4e(4)
The results of the statistical comparison will be reported annually in the ASER, and will be reported to the NMED as required under 20.4.1.500 NMAC (incorporating 40 CFR §264.98[g]). 

MOC

CBFO Assistant Manager of Operations

DOE Headquarters

Chief Health, Safety and Security Officer

1000 Independence Avenue, SW

Washington, DC 0585‑1290

 

Hazardous Waste Permits Program Chief

Hazardous Waste Bureau

NMED

2905 Rodeo Park Drive East, Building 1

Santa Fe, NM 87505-6303

Biennial Environmental Compliance Report

S

Biennial

October 30, even-numbered years

LWA

LWA Section 9(a)(2)
The Secretary shall, not later than two years after the date of the enactment of this Act, and biennially thereafter, submit documentation of continued compliance with the laws, regulations and permit requirements described in paragraph (1) to the Administrator, and, with the law described in paragraph (1)(C), to the state.

MOC

CBFO Assistant Manager of Operations
CBFO Office of Disposal

Director, Radiation Protection Division

1310 L St, NW, Room 553C,

Washington, DC 20005

Annual Change Report

S

Annual

18-Nov

191/194

40 CFR 194.4(b)(4)
Not later than six months after the Administrator issues a certification, and at least annually thereafter, the Department shall report to the Administrator, in writing, any changes in conditions or activities pertaining to the disposal system that were not required to be reported by paragraph (b)(3) of this section and that differ from information contained in the most recent compliance application.

MOC

CBFO Office of Disposal

Director, Radiation Protection Division

1310 L St, NW, Room 553C,  Washington, DC 20005

Compliance Monitoring Parameters Report

S

Prepared annually; submitted upon request or every five years with CRS

31-Aug

191/194

40 CFR 194.42 Disposal systems shall be monitored after disposal to detect substantial and detrimental deviations from expected performance at the earliest practicable time….

SNL, MOC

CBFO Assistant Manager of Operations

Director, Radiation Protection Division

1310 L St, NW, Room 553C 

Washington, DC 20005


Administrator

U.S. EPA Region 6

1445 Ross Avenue
Dallas, TX 75202

Geotechnical Monitoring Report and Explosion Isolation Wall Certification

S

Annual

27-Oct

NMHWA

HWFP IV.F.1.b
The Permittees shall submit to the Secretary an annual report, beginning 12 months after issuance of this Permit, evaluating the geomechanical monitoring program and shall include geomechanical data collected from each  Underground Hazardous Waste Disposal Unit (Underground HWDU) during the previous year, as specified in Permit Attachment M2, Section M2‑5b(2), "Geomechanical Monitoring," and shall also include a map showing the current status of HWDU mining.  The Permittees shall also submit at that time an annual certification by a registered professional engineer certifying the stability of any explosion-isolation walls.  The Permittees shall also notify the e-mail notification list within seven calendar days of submittal of this certification.

MOC

CBFO Assistant Manager of Operations

Hazardous Waste Permits Program Manager
Hazardous Waste Bureau
New Mexico Environment Department
2905 Rodeo Park Drive East, Building 1
Santa Fe, New Mexico 87502

Hazardous Chemicals Inventory-EPA Form R

S

Annual

1-Jul

CERCLA

40 CFR §372.30

For each toxic chemical known by the owner or operator to be manufactured, processed, or otherwise used in excess of an applicable threshold quantity at its covered facility for a calendar year, the owner or operator must a submit completed EPA Form R to the EPA and to the state.

MOC

CBFO Assistant Manager of Operations
CBFO Office of Disposal

Submitted electronically to the EPA via EPACDX through Form R, Preparation Software. 

TRI Data Processing Center P.O. Box 1513

Lanham, MD 20703-1513

 

New Mexico Department of Public Safety

P.O. Box 1628

Santa Fe, NM 87501-1628

(505) 476‑9681

Hazardous Chemicals Inventory-Chemical Release

S

Annual

1-Jul

CERCLA

74-4E-5(A)(4)
Facility owners or operators employing at least 10 employees and with a covered Standard Industrial Classification (SIC) code must submit a toxic chemical release form on or before July 1 of each year to the public safety department.

MOC

CBFO Office of Disposal

SERC, NM Dept. of Homeland Security and Emergency Management 13 Bataan Boulevard

Santa Fe, NM 87508

Hazardous Chemicals lnventory

S

Annual

1-Mar

CERCLA

40 CFR §370.25
The owner or operator of a facility shall submit an inventory form to the state emergency response commission (SERC), Local Emergency Planning Committee (LEPC), and the fire department with jurisdiction over the facility for hazardous chemicals at the facility during the preceding calendar year by March 1 of each year.

MOC

CBFO Assistant Manager of Operations
CBFO Office of Disposal

National Response Center
(800) 424-8802

 

NMED

(505) 827-9327


Administrator

U.S. EPA Region 6

1445 Ross Avenue

Dallas, TX 75202

 

Eddy Co. Emergency Planning Committee

324 S. Canyon, Suite B

Carlsbad, NM 88220

(575) 885-3581

 

SERC, NM Department of Homeland Security and Emergency Management, 13 Bataan Boulevard

Santa Fe, NM 87508

Biennial Generator Treatment, Storage and Disposal Facility Report

S

Biennial

1‑Mar, even numbered years

NMHWA

40 CFR §262.41 (20.4.1.500 NMAC)
HWFP II.K.2 and 40 CFR §264.75 (20.4.1.500 NMAC)
Each generator of hazardous waste that ships the waste off-site to an approved treatment. Storage and disposal facility must file a report to the EPA by March 1 of every even numbered year.  This report is required to contain a description of the efforts undertaken during the year to reduce the volume and toxicity of the waste and a comparison of the volume and toxicity of the waste to previous year

MOC

CBFO Assistant Manager of Operations

Hazardous Waste Bureau  Data Management Program
New Mexico Environment Department
2905 Rodeo Park Drive East, Building 1
Santa Fe, NM 87502

Laboratory Operating Procedures

S

Annual

31-Dec

NMHWA

HWFP L-4c(3)
The Permittees will provide NMED with an initial set of applicable laboratory SOPs for information purposes, and provide NMED with any updated SOPs on an annual basis.

MOC

CBFO Assistant Manager of Operations

Hazardous Waste Permits Program Manager
Hazardous Waste Bureau
New Mexico Environment Department
2905 Rodeo Park Drive East, Building 1
Santa Fe, New Mexico 87502

Confirmatory Measurement Compliance Report

S

Biennial

30‑Oct, even numbered years

EPA guidance for 40 CFR §191, Subpart A

40 CFR 191.03, 40 CFR 61.94, and May 16, 1995 Memorandum of Understanding between EPA and DOE concerning the Clean Air Act.

MOC

CBFO Assistant Manager of Operations
CBFO Office of Disposal

U.S. EPA Region 6
1445 Ross Avenue

Dallas, TX 75202

NESHAP Report

S

Annual

30-Jun

NESHAP

40 CFR 61.94 and the May 16, 1995 Memorandum of Understanding between EPA and DOE concerning the Clean Air Act
A NESHAP annual report must be submitted by June 30th for facilities subject to Subpart H of NESHAP.

MOC

CBFO Assistant Manager for Operations
CBFO Office of Disposal

U.S. EPA Region 6
1445 Ross Avenue

Dallas, TX 75202

PCB Report-Document Log

S

Annual

1-Jul

TSCA

40 CFR 761.180 Document Log
A written annual document log is prepared by July 1 covering the previous calendar year (January thru December). The log is to include;
-                     Identity of the WIPP site
-                     Manifest numbers
-                     Container numbers
-                     Description of the contents
-                     Dates removed from service
-                     Transportation dates
-                     Dates received at WIPP
-                     Disposal dates
-                     Dates Certificates of Disposal sent to generator/storage site

MOC

CBFO Assistant Manager of Operations

U.S. EPA Region 6
1445 Ross Avenue
Suite 1200

Dallas, TX 75202-2733

PCB Report-Annual Report

S

Annual

15-Jul

TSCA

40 CFR §761.180 Annual Report
Annual report (to EPA Region 6) from the written annual document log the owner or operator of a facility prepares the annual report containing information required by 40 CFR §761.180(b)(3)(i) - (b)(3)(vi) for PCBs and PCB Items handled as PCB waste at the facility the previous calendar year (January through December).  The annual report is submitted by July 15 of each year. 

 

40 CFR §761.180
Submit an annual report on PCB waste disposal containing the information required by 40 CFR §761.180(b)(3)(I) through (b)(3)(vi) to the EPA Region 6 Administrator by July 15 of each year.

MOC

CBFO Assistant Manager of Operations

U.S. EPA Region 6
1445 Ross Avenue
Suite 1200

Dallas, TX 75202-2733

Waste Minimization Statement

S

Annual

1-Dec

NMHWA

HWFP VII.B.1
Annually, by December 1, for the previous year ending September 30, the Permittees shall enter into the operating record required by 20.4.1.500 NMAC (incorporating 40 CFR §264.73[b][9]), a statement certified according to 20.4.1.900 NMAC (incorporating 40 CFR §270.11[d]) specifying that the Permittees have a program in place to reduce the volume and toxicity of hazardous wastes generated by the facility's operation to the degree determined by the Permittees to be economically practicable; and the proposed method of treatment, storage, or disposal is that practicable method currently available to the Permittees which minimizes the present and future threat to human health and the environment.  A current description of the program shall be maintained in the operating record and a

copy of the annual certified statement shall be submitted to the Secretary.

MOC

CBFO Assistant Manager of Operations

Hazardous Waste Permits Program Manager
Hazardous Waste Bureau
New Mexico Environment Department
2905 Rodeo Park Drive East, Building 1
Santa Fe, New Mexico 87502

HWFP Annual Report-Facility Work Plan

S

Annual

21-Jan

NMHWA

HWFP VII M.1
The Permittees shall submit a Facility Work Plan to the Secretary within ninety (90) calendar days of the effective date of this Permit.
The Permittees shall submit to the Secretary modifications to the Facility Work Plan on an annual basis.

MOC

CBFO Assistant Manager of Operations

Hazardous Waste Permits Program Manager
Hazardous Waste Bureau
New Mexico Environment Department
2905 Rodeo Park Drive East, Building 1
Santa Fe, New Mexico 87502

HWFP Mailing List-Amendments

S

Semiannual

30-Nov and  31-May

NMHWA

HWFP VII.D.2.a
Within 30 calendar days after the effective date of this Permit, the Permittees shall mail a notice to all individuals on the facility mailing list maintained by the Secretary, including all individuals that submitted oral or written comments or testimony on the Permittees' draft Permit during the public comment period.  The Permittees shall, within six months after the effective date of this Permit and every six months thereafter, submit to the Secretary amendments to the facility mailing list to include those individuals that submit a

written request to the Secretary and/or the Permittees for inclusion in this list. 

MOC

CBFO Assistant Manager of Operations

Hazardous Waste Permits Program Manager
Hazardous Waste Bureau
New Mexico Environment Department
2905 Rodeo Park Drive East, Building 1
Santa Fe, New Mexico 87502

HWFP Nonconformance Report

S

Monthly

By End of Month

NMHWA

HWFP Attachment B3-13
For any non-administrative nonconformance related to applicable requirements specified in this Waste Analysis Plan (WAP) which are first identified at the site Project Manager signature release level (i.e., a failure to meet a data quality objective [DQO]), the Permittees shall receive written notification within five calendar days of identification and shall also receive a nonconformance report within 30 calendar days of identification of the incident.  The Permittees shall require the generator/storage site to implement a corrective action that remedies the nonconformance prior to management, storage, or disposal of the waste at WIPP.  The Permittees shall send the NMED a monthly summary of nonconformances identified during the previous month, indicating the number of nonconformances received and the generator/storage sites responsible.

CTAC

CBFO Office of Quality Assurance

Hazardous Waste Permits Program Manager
Hazardous Waste Bureau
New Mexico Environment Department
2905 Rodeo Park Drive East, Building 1
Santa Fe, New Mexico 87502

HWFP Permit Renewal

S

Every 10 years,

30-May

NMHWA

HWFP I.B.2
The Permittees may renew this Permit by submitting an application for a new Permit at least one hundred eighty (180) calendar days before the expiration date of this Permit.

MOC

CBFO Assistant Manager of Operations

Hazardous Waste Permits Program Manager
Hazardous Waste Bureau
New Mexico Environment Department
2905 Rodeo Park Drive East, Building 1
Santa Fe, New Mexico 87502

HWFP Progress Report

S

Quarterly

15‑Nov, 5‑Feb, 6‑May, and 4‑Aug

NMHWA

HWFP VII.I.1
The Permittees shall submit, in accordance with Permit Condition VII.B.5, signed quarterly progress reports of all activities (i.e., RFI, CMS) conducted pursuant to the provisions of this Module

MOC

CBFO Assistant Manager of Operations

Hazardous Waste Permits Program Manager
Hazardous Waste Bureau
New Mexico Environment Department
2905 Rodeo Park Drive East, Building 1
Santa Fe, New Mexico 87502

Recertification Application

S

Quinquennial

26-Mar

LWA

LWA Section 8(f) - Not later than five years after the initial receipt of transuranic waste for disposal at WIPP, and every five years thereafter until the end of the decommissioning phase, the Secretary shall submit to the Administrator and the state documentation of continued compliance with the final disposal regulation.

MOC, SNL, LANL, CTAC

CBFO, all

Administrator

U.S. EPA
Washington, DC 20460

 
Governor of New Mexico
Santa Fe, NM 87501

WAP Changes Report

S

Monthly

End of Month

NMHWA

HWFP Attachment B3-15
Controlled changes to WAP-related plans or procedures shall be managed through the document control process described in the Quality Assurance Program Description.  The Site Project Manager and the Site Project QA Officer shall review all non-administrative changes and evaluate whether those changes could impact DQOs specified in the Permit.  After site certification, any changes to WAP-related plans or procedures that could positively or negatively impact DQOs (i.e., those changes which require prior approval of the Permittees as defined in Attachment B5, Section B5‑2) shall be reported to the Permittees within five calendar days of identification by the project level review.  The Permittees shall send the NMED a monthly summary briefly describing the changes to plans and procedures identified pursuant to this section during the previous month.

Generator/Site

CBFO Office of Characterization and Transportation

 

CBFO Assistant Manager of Operations

Hazardous Waste Permits Program Manager
Hazardous Waste Bureau
New Mexico Environment Department
2905 Rodeo Park Drive East, Building 1
Santa Fe, New Mexico 87502

Water Discharge Report-Information Changes

S

Twice each year

31‑Jul - 31‑Jan

New Mexico Water Quality Act

20.6.2.3107 NMAC (DP-831)
Requirements include periodic reporting to the Secretary of any information that may be required as set forth in the discharge permit, and notifying the NMED of any facility expansion, production increase, or process modifications that would result in the discharge of water contaminants.

MOC

CBFO Assistant Manager of Operations

Ground Water Pollution Prevention Section
NMED

P.O. Box 26110
Santa Fe, NM 87502

Water Quality Report

S

Once every three years

Samples are to be collected between 1‑Jun and 30‑Sep and results are sent to NMED

National Primary Drinking Water Regulations

Title 40 CFR §141.86 requires periodic sampling for lead and copper at representative taps.  The frequency of sampling is based on concentrations of lead and copper found.  WIPP qualifies for a reduced monitoring schedule under 40 CFR §141.86(d)(4), and is required to sample for lead and copper every three years.

MOC

Assistant Manager of Operations

NMED

Drinking Water Bureau

Hobbs Field Office

726 E. Michigan, Suite 165

Hobbs, NM 88240

(575) 393-4302

Air Quality Permit Report-Emission Inventory

U

As requested by the NMED

As requested by the NMED

Air Quality Permit

Permit No. 310-M-2 for Backup Diesel Generators, Annual Emission Inventory
An emission inventory is required annually for any stationary source permitted under 20.2.72 NMAC (except for those sources that are permitted only for toxic air pollutant emissions).  Other sources that are required to file an annual emission inventory are those that must file a Notice of Intent under 20.2.73 NMAC or that emit in excess of 1 ton of lead or 10 tons of total suspended particulates, particulate matter with an aerodynamic diameter of 10 μ or less (i.e., M10), sulfur dioxide, nitrogen dioxide, carbon monoxide, or VOCs in any calendar year including and subsequent to 1990.

MOC

CBFO Assistant Manager of Operations

New Mexico Environment Department
Air Quality Bureau
2048 Galisteo
Santa Fe, NM 87502

Air Quality Permit Report-Emissions Control Changes

U

As required to revise or modify permit

As Required

Air Quality Permit

Permit No. 310-M-2 for Backup Diesel Generators, Condition 1
Changes in plans, specification, and other representations provided in the application documents shall not be made if they change the method of emissions control or in the character of the emissions or if they would increase the discharge of emissions. Any such proposed change must be submitted as a proposal revision or modification of the permit in accordance with the condition described in Section 28.3.1.4 below.

MOC

CBFO Assistant Manager of Operations

New Mexico Environment Department
Air Quality Bureau
2048 Galisteo
Santa Fe, NM 87502

Air Quality Permit Report-Control or Ownership

U

As required with change in ownership

Within 15 calendar days of change in ownership

Air Quality Permit

Permit No. 310-M-2 for Backup Diesel Generators, Condition 6 If there is any change in control or ownership of the diesel generators, the permittee shall notify the succeeding owner of the permit and its conditions and shall notify the NMED of the change in ownership within 15 days.

MOC

CBFO Assistant Manager of Operations

New Mexico Environment Department
Air Quality Bureau
2048 Galisteo
Santa Fe, NM 87502

Air Quality Permit Report-Sources Changes

U

As required for new or modified emission source

Fifteen calendar days after the start-up date

Air Quality Permit

Permit No. 310-M-2 for Backup Diesel Generators, Condition 10. The permittee will notify the NMED in writing or provide the NMED with the following information: The anticipated date of the initial start-up of each new or modified emission source at least 30 days prior to that date and the actual date of the initial start-up of each new or modified source within 15 days after the start-up date.

MOC

CBFO Assistant Manager of Operations

New Mexico Environment Department
Air Quality Bureau
2048 Galisteo
Santa Fe, NM 87502

HWFP Monitoring Report

U

Semiannually

One hundred twenty calendar days after final sampling is completed

NMHWA

HWFP V.J.2.a, L-5a
Data evaluation results - the Permittees shall submit to the Secretary the analytical results required by Permit Conditions V.E.1 and V.I.2, and the results of the statistical analyses required by Permit Condition V.I.3, in compliance with the schedule on Table V.J.2.a, and as required by 20.4.1.500 NMAC (incorporating 40 CFR §264.97[j])

MOC

CBFO Assistant Manager of Operations

Hazardous Waste Permits Program Manager
Hazardous Waste Bureau
New Mexico Environment Department
2905 Rodeo Park Drive East, Building 1
Santa Fe, New Mexico 87502

HWFP Groundwater Surface Elevation

S

 

Monthly

Mid-Month

NMHWA

V.J.2.b. Groundwater surface elevation results – the Permittees shall submit to the Secretary groundwater surface elevation data specified in Permit Condition V.G. This submittal shall include both groundwater surface elevations calculated from field measurements and fresh-water head elevations calculated as specified in Permit Attachment L, Section L‑4c(1).  Water level data shall be submitted within 30 calendar days after data are collected.

MOC

CBFO Assistant Manager of Operations

Hazardous Waste Permits Program Manager
Hazardous Waste Bureau
New Mexico Environment Department
2905 Rodeo Park Drive East, Building 1
Santa Fe, New Mexico 87502

Unscheduled Change Report

U

As Required

As Required

191/194

40 CFR 194.4(b)(3)
Any time after the Administrator issues a certification, the Department shall report any planned or unplanned changes in activities or conditions pertaining to the disposal system that differ significantly from the most recent compliance application.

MOC, SNL, LANL

CBFO Office of Disposal

 
Office of Characterization and Transportation

 

CBFO Assistant Manager of Operations

Office of Radiation and Indoor Air
U.S. Environmental Protection Agency
Ariel Rios Building
, 6601 J
1200 Pennsylvania Avenue, N.W.
Washington, DC 20460

Generator Site Certification Report

U

As Required

As Required

191/194

40 CFR §194.8(b)(2)(i)
DOE will notify the EPA by letter that a transuranic waste site is prepared to ship waste to WIPP and has established adequate waste characterization processes and programs.  The DOE also will provide the relevant waste characterization program plans and documentation.

CBFO Office of Quality Assurance

CBFO Office of Characterization and Transportation

U.S. Environmental Protection Agency
Ariel Rios Building

MS 66085
1200 Pennsylvania Ave, NW

Washington, DC 20460

Generator Site Certification Report-Final Auidit Report

U

As required after closure of audit findings.

After closure of audit findings.

NMHWA

HWFP II.C.2.c
Final audit report - the Permittees shall provide the Secretary a final audit report as specified in Permit Attachment B6. The final audit report shall include all information specified in Permit Attachment B6, Section B6-4, and:
I.  A detailed description of all corrective actions and the resolution of any corrective action applicable to WAP requirements, including re-audits if required;
II. All documentation necessary for the Secretary to determine if the corrective action was resolved.

CTAC

CBFO Office of Quality Assurance

Hazardous Waste Permits Program Manager
Hazardous Waste Bureau
New Mexico Environment Department
2905 Rodeo Park Drive East, Building 1
Santa Fe, New Mexico 87502

Generator Site Certification Report-Audit Schedule

U

Monthly

Monthly

NMHWA

HWFP II.C.2.b
The Permittees shall provide the Secretary with a current audit schedule on a monthly basis and notify the Secretary no later than thirty (30) calendar days prior to each audit.

MOC

CBFO Office of Quality Assurance

Hazardous Waste Permits Program Manager
Hazardous Waste Bureau
New Mexico Environment Department
2905 Rodeo Park Drive East, Building 1
Santa Fe, New Mexico 87502

Hazardous Chemicals lnventory-MSDS

U

As Required

As Required

CERCLA

40 CFR 370.21
The owner or operator of a facility shall submit a material safety data sheet (MSDS) for each hazardous chemical present at the facility according to the minimum threshold schedule to the committee, the commission, and the fire department with jurisdiction over the facility. In lieu of the submission of an MSDS, the owner or operator may submit a list of hazardous chemicals for which an MSDS is required.

MOC

CBFO Assistant Manager for Operations
CBFO Office of Disposal

National Response Center
(800) 424-8802

 

NMED

(505) 827-9327

Administrator
U.S. EPA Region 6
1445 Ross Avenue

Dallas, TX 75202


Eddy Co. Emergency Planning Committee
324 S. Canyon, Suite B
Carlsbad, NM 88220
(575) 885-3581

 
SERC, NM Department of Homeland Security and Emergency Management 13 Bataan Boulevard

Santa Fe, NM 87508

Notification Letter

U

As Required

Within seven calendar days of report being issued

NMHWA

HWFP IV.F.1.c
When evaluation of the geomechanical monitoring system data identifies a trend towards unstable conditions which requires a decision whether to terminate waste disposal activities in any Underground HWDU, the Permittees shall provide the Secretary with the same report provided to the WIPP Operations Manager within seven calendar days of its issuance, as specified in Permit Attachment M2, Section M2- 5b(2)(a),

"Description of the Geomechanical Monitoring System."

MOC

CBFO Assistant Manager of Operations

Hazardous Waste Permits Program Manager
Hazardous Waste Bureau
New Mexico Environment Department
2905 Rodeo Park Drive East, Building 1
Santa Fe, New Mexico 87502

PCB Report-New Panel

U

As Required

As Required

TSCA

Conditions of Approval for Disposal of PCB/TRU and PCB/TRU Mixed Waste, Section II.C.  Disposal Unit
For a new panel, the owner/operator may not commence disposal until the Facility has notified in writing the EPA Region 6 OK/TX RCRA Permits Section and received written approval authorizing the new panel for PCB disposal.  The notification must include a description and a map of the new panel.  The description must include anticipated depth, length, and width of the new panel and how it will be operated.

MOC

CBFO Assistant Manager of Operations

U.S. Environmental Protection Agency
Region 6
1445 Ross Avenue
Suite 1200

Dallas, TX 75202-2733

PCB Report-Facility Modification

U

As Required

As Required

TSCA

Conditions of Approval for Disposal of PCB/TRU and PCB/TRU Mixed Waste, Section II.D.  Disposal Unit
Any existing Facility modification or expansion in capacity from what was proposed in the PCB application of March 22, 2002, requires notification and response from EPA Region 6 according to the procedures outlined in Section II.C. (i.e., written notification by the DOE to EPA Region 6 for approval authorizing the change, notification to include description, drawing, and operational reason for the change).

MOC

CBFO Assistant Manager of Operations

U.S. Environmental Protection Agency
Region 6
1445 Ross Avenue
Suite 1200

Dallas, TX 75202-2733

PCB Report-New Storage Area

U

As Required

As Required

TSCA

Conditions of Approval for Disposal of PCB/TRU and PCB/TRU Mixed Waste, Section III.B Waste Storage
For a new PCB/TRU storage area, the owner/operator may not commence storage of PCBs until the facility has notified in writing the EPA Region 6 OK/TX RCRA Permits Section and received a written approval authorizing the new storage area.  The notification must describe the new storage area and its capacity.

MOC

CBFO Assistant Manager of Operations

U.S. Environmental Protection Agency
Region 6
1445 Ross Avenue
Suite 1200

Dallas, TX 75202-2733

PCB Report-Storage Area Modifications

U

As Required

As Required

TSCA

Conditions of Approval for Disposal of PCB/TRU and PCB/TRU Mixed Waste, Section III.C, Waste Storage
Before modifying or expanding any existing storage area authorized by this agreement the DOE must notify EPA Region 6 in writing of the planned change and receive written approval from the EPA authorizing the modification or expansion.

MOC

CBFO Assistant Manager of Operations

U.S. Environmental Protection Agency
Region 6
1445 Ross Avenue
Suite 1200

Dallas, TX 75202-2733

PCB Report-Panel Closure

U

As Required

Thirty calendar days before closure of a disposal panel begins

TSCA

Conditions of Approval for Disposal of PCB/TRU and PCB/TRU Mixed Waste, Section V.B.  Closure
The owner/operator must notify the EPA Region 6 OK/TX RCRA Permits Section 30 calendar days before closure of a disposal Panel is to begin, along with any proposed changes to the closure plan.

MOC

CBFO Assistant Manager of Operations

U.S. Environmental Protection Agency
Region 6
1445 Ross Avenue
Suite 1200

Dallas, TX 75202-2733

PCB Report-Ownership Transfer

U

As Required

Thirty calendar days before transferring ownership

TSCA

Conditions of Approval for Disposal of PCB/TRU and PCB/TRU Mixed Waste, Section VI.J., Transfer of Ownership
The owner/operator must notify EPA Region 6 at least 30 calendar days before transferring ownership of the Facility.  The owner/operator must also submit to EPA Region 6 at least 30 calendar days before such transfer a notarized affidavit signed by the transferee stating that the transferee shall abide by the terms of this approval.

MOC

CBFO Assistant Manager of Operations

U.S. Environmental Protection Agency
Region 6
1445 Ross Avenue
Suite 1200

Dallas, TX 75202-2733

PCB Report-Noncompliance with possible risk to human health

U

As required with discovery of noncompliance

By phone within 24 hours

 

 Submit written report within five  working days

TSCA

Conditions of Approval for Disposal of PCB/TRU and PCB/TRU Mixed Waste, Section VI.K.1 Noncompliance Reporting
If the owner/operator finds it is in noncompliance with the Conditions of Approval and the noncompliance may pose a risk to human health or the environment, it must notify the EPA Region 6 OK/TX RCRA Permits Section by phone within 24 hours and submit a written report within five working days.

MOC

CBFO Assistant Manager of Operations

U.S. Environmental Protection Agency
Region 6
1445 Ross Avenue
Suite 1200

Dallas, TX 75202-2733

PCB Report-Noncompliance

U

As required with discovery of noncompliance

By phone or e‑mail within 24 hours

 

Submit written report within five working days

TSCA

Conditions of Approval for Disposal of PCB/TRU and PCB/TRU Mixed Waste, Section VI.K.2 Noncompliance Reporting
If the owner/operator finds it is in noncompliance with the Conditions of Approval, and the noncompliance does not pose a risk to human health or the environment, it must notify the EPA Region 6 Toxics Enforcement Section by phone or e-mail within 24 hours, and submit a written report within five working days.  E‑mail messages must confirm successful delivery by return e‑mail.

MOC

CBFO Assistant Manager of Operations

U.S. Environmental Protection Agency
Region 6
1445 Ross Avenue
Suite 1200

Dallas, TX 75202-2733

PCB Report-Completeness and Correctness

U

As Required

As Required

TSCA

Conditions of Approval for Disposal of PCB/TRU and PCB/TRU Mixed Waste, Section VI.L.  Other Information
If the owner/operator finds it has failed to submit relevant facts in their application, or submitted incorrect information in any report to EPA Region 6, they must promptly submit such facts or information to the EPA Region 6 OK/TX RCRA Permits Section.

MOC

CBFO Assistant Manager of Operations

U.S. Environmental Protection Agency
Region 6
1445 Ross Avenue
Suite 1200

Dallas, TX 75202-2733

PCB Report-Spill Response

U

As required

After spill has occurred

In the shortest possible time after discovery, but in no case later than 24 hours after discovery

TSCA

Conditions of Approval for Disposal of PCB/TRU and PCB/TRU Mixed Waste, Section VI.N.1 Spills
PCB spills occurring at the facility or from any on‑site transport vehicle, must be cleaned up according to the PCB Spill Cleanup Policy, 40 CFR Part 761, Subpart G.  Any PCB spills must be reported in accordance with Subpart G.

 

Subpart G Summary

 

Under the National Contingency Plan, all spills involving 1 pound or more by weight of PCBs must currently be reported to the National Response Center (1‑800‑424‑8802).  Where a spill directly contaminates surface water, sewers, or drinking water supplies, grazing lands or vegetable gardens the responsible party shall notify the appropriate EPA regional office and obtain guidance for cleanup in the shortest possible time after discovery, but in no case later than 24 hours after discovery.

Where a spill exceeds 10 pounds of PCBs by weight and is not addressed above, the responsible party will notify the appropriate EPA regional office and proceed to decontaminate the spill area the shortest possible time after discovery, but in no case later than 24 hours after discovery.

Spills of 10 pounds or less, not addressed above must be cleaned up but notification of the EPA is not required

MOC

CBFO Assistant Manager of Operations

U.S. Environmental Protection Agency
Region 6
1445 Ross Avenue
Suite 1200

Dallas, TX 75202-2733

(866)-372-7745

 

National Response Center

(800) 424-8802

PCB Report-Spill Response

U

As required after spill has occurred

Upon determining delay in spill cleanup

TSCA

Conditions of Approval for Disposal of PCB/TRU and PCB/TRU Mixed Waste, Section VI.N.2 ,Spills, If spills cannot be cleaned up within the time required by the PCB Spill Cleanup Policy, the owner/operator must notify the EPA Region 6 PCB Coordinator of the circumstance of the spill, the estimated time of cleanup, and a justification for the delay of the cleanup.  The EPA may order cessation of PCB disposal at the facility if spills are not cleaned up in accordance with the PCB Spill Cleanup Policy.

MOC

CBFO Assistant Manager of Operations

U.S. Environmental Protection Agency
Region 6
1445 Ross Avenue
Suite 1200

Dallas, TX 75202-2733

(214) 665-7579

PCB RCRA Emergency Coordinator List

U

As required to maintain an accurate list

When a New Emergency Coordinator is Listed

TSCA

Conditions of Approval for Disposal of PCB/TRU and PCB/TRU Mixed Waste, Section VI M 1 Emergency Procedures.  The owner/operator must maintain an adequately trained on‑site RCRA emergency coordinator to direct emergency procedures which could result from fires, explosions or releases of PCB containing waste at the facility.  The owner/operator must submit the name and qualifications of the emergency coordinator within 60 calendar days of the effective date of this approval.

MOC

CBFO Assistant Manager of Operations

U.S. EPA Region 6
1445 Ross Avenue
Suite 1200

Dallas, TX 75202-2733

PCB Report-Physical or Operational Changes

U

As Required

Thirty calendar days before a planned physical or operational change related to PCB handling and disposal

TSCA

Conditions of Approval for Disposal of PCB/TRU and PCB/TRU Mixed Waste, Section VI.O, Duty to Notify
The owner/operator must notify the EPA Region 6 OK/TX RCRA Permits Section in writing 30 calendar days before a planned physical or operational change related to PCB handling and disposal that may require modification of this approval.

MOC

CBFO Assistant Manager of Operations

U.S. Environmental Protection Agency
Region 6
1445 Ross Avenue
Suite 1200

Dallas, TX 75202-2733

PCB Report-Reauthorization Request

S

Every five years

30-Apr

TSCA

Conditions of Approval for Disposal of PCB/TRU and PCB/TRU Mixed Waste, Section VI.P Effective Date, This authorization expires April 30, 2013.  The application for reauthorization should be submitted one year before the expiration date, April 30, 2012.

MOC

CBFO Assistant Manager of Operations

U.S. Environmental Protection Agency
Region 6
1445 Ross Avenue
Suite 1200

Dallas, TX 75202-2733

PCB Report-Data Reports

U

As requested by the EPA

As requested by the EPA

TSCA

Conditions of Approval for Disposal of PCB/TRU and PCB/TRU Mixed Waste, Section III.D, General PCB/TRU Storage Requirements 4.  All PCB Items must be identified in the WIPP Waste Information System to show the date of waste certification for disposal.  This electronic database must show the date a PCB Item was removed from service for disposal and the date the PCB Item was sent to the Facility for disposal.  This information must be provided to the EPA upon request.

MOC

Office of Characterization and Transportation

U.S. Environmental Protection Agency
Region 6
1445 Ross Avenue
Suite 1200

Dallas, TX 75202-2733

PCB Report-Certificates of Disposal

U

Every accepted shipment of PCB waste

Within 30 days of disposal

TSCA

Sec. 761.218 Certificate of Disposal
For each shipment of manifested PCB waste that the owner or operator of a disposal facility accepts by signing the manifest, the owner or operator of the disposal facility shall prepare a Certificate of Disposal for the PCBs and PCB Items disposed of at the facility and send the Certificate of Disposal to the generator identified on the manifest which accompanied the shipment of PCB waste.

MOC

CBFO Assistant Manager of Operations

Individual Generator Sites

HWFP Closure Report-Planned Closure

U

As required prior to initiating closure

Sixty calendar days prior to initiating closure

NMHWA

HWFP II.L.3
The Permittees shall notify the Secretary in writing at least 60 calendar days prior to the date on which they expect to begin partial closure (i.e., closure of an Underground HWDU), or final closure of the facility as required by 20.4.1.500 NMAC (incorporating 40 CFR §§264.112(d) and 264.601).

MOC

CBFO Assistant Manager of Operations

Hazardous Waste Permits Program Manager
Hazardous Waste Bureau
New Mexico Environment Department
2905 Rodeo Park Drive East, Building 1
Santa Fe, New Mexico 87502

HWFP Closure Report-Closure Completion

U

As required at time of closure of HWDU or facility

Within 60 calendar days of completion of closure

NMHWA

HWFP II.L.6 and II.L.7
Within 60 calendar days of completion of closure of each Underground HWDU, and within 60 calendar days of completion of final closure, the Permittees shall certify in writing to the Secretary that the Underground HWDUs and/or facility have been closed as specified in the Closure Plan, Permit Attachment I, and as required by 20.4.1.500 NMAC (incorporating 40 CFR §§264.115 and 264.601).

No later than the submission of the certification of closure of each Underground HWDU, the Permittees shall submit a survey plat detailing the location and dimensions of each Underground HWDU with respect to permanently surveyed

benchmarks, as required by 20.4.1.500 NMAC (incorporating 40 CFR §264.116).

MOC

CBFO Assistant Manager of Operations

Hazardous Waste Permits Program Manager
Hazardous Waste Bureau
New Mexico Environment Department
2905 Rodeo Park Drive East, Building 1
Santa Fe, New Mexico 87502

HWFP Notification of CH Bay Surge Storage

U

As required when necessary to use surge storage

Within five calendar days of using surge storage

NMHWA

III.A.1.d.  Notification of CH Bay Surge Storage Use – The Permittees shall notify the Secretary in writing upon using the CH Bay Surge Storage Area and provide justification for its use.  Within five calendar days of using Surge Storage, the Permittees shall post a link to the notice of CH Bay Surge Storage Area use on the WIPP Home Page, and inform those on the email notification list.

MOC

CBFO Assistant Manager of Operations

Hazardous Waste Permits Program Manager
Hazardous Waste Bureau
New Mexico Environment Department
2905 Rodeo Park Drive East, Building 1
Santa Fe, New Mexico 87502

HWFP Annual CH Bay Surge Storage Area Usage

S

Annual

27‑Oc

NMHWA

III.A.1.d.  Notification of CH Bay Surge Storage Use – The permittees shall submit a report to the Secretary by October 27 of each year summarizing CH Bay Surge Storage Area usage.

MOC

CBFO Assistant Manager of Operations

Hazardous Waste Permits Program Manager
Hazardous Waste Bureau
New Mexico Environment Department
2905 Rodeo Park Drive East, Building 1
Santa Fe, New Mexico 87502

HWFP Notification of Parking Area Surge Storage

U

As required when necessary to use surge storage

Within five calendar days of using surge storage

NMHWA

III.A.2.d.  Notification of Parking Area Surge Storage Use - The Permittees shall notify the Secretary in writing upon using the Parking Area Surge Storage and provide justification for its use.  Within five calendar days of using Surge Storage, the Permittees shall post a link to the notice of Parking Area Surge Storage use

on the WIPP Home Page, and inform those on the e‑mail notification list.

MOC

CBFO Assistant Manager of Operations

Hazardous Waste Permits Program Manager
Hazardous Waste Bureau
New Mexico Environment Department
2905 Rodeo Park Drive East, Building 1
Santa Fe, New Mexico 87502

HWFP Annual Parking Area Surge Storage Area Usage

S

Annual

27‑Oct

NMHWA

III.A.2.d.  Notification of Parking Area Surge Storage Use - The Permittees shall notify the Secretary in writing upon using the Parking Area Surge Storage and provide justification for its use.  Within five calendar days of using Surge Storage, the Permittees shall post a link to the notice of Parking Area Surge Storage use

on the WIPP Home Page, and inform those on the e‑mail notification list.

MOC

CBFO Assistant Manager of Operations

Hazardous Waste Permits Program Manager
Hazardous Waste Bureau
New Mexico Environment Department
2905 Rodeo Park Drive East, Building 1
Santa Fe, New Mexico 87502

HWFP Closure Report-Land Use Authroity

U

As Required

Within 60 calendar days of certifying closure

NMHWA

HWFP VI.D.1
No later than 60 calendar days after certification of closure of each Underground HWDU, the Permittees shall submit to the Secretary and the local zoning authority, or the authority with jurisdiction over local land use, a record of the type, location, and quantity of TRU mixed waste disposed in each Underground HWDU, as required by 20.4.1.500 NMAC (incorporating 40 CFR §264.119[a]).

MOC

CBFO Assistant Manager of Operations

Hazardous Waste Permits Program Manager
Hazardous Waste Bureau
New Mexico Environment Department
2905 Rodeo Park Drive East, Building 1
Santa Fe, New Mexico 87502

HWFP Closure Report-Certification

U

As Required

Within 60 calendar days of issuing a certification of closure for an underground HWDU

NMHWA

HWFP VI.D.2, and VI.D.2.b.
Within 60 calendar days of certification of closure of the first Underground HWDU and within 60 calendar days of certification of the last Underground HWDU, the Permittees shall comply with the following conditions, as required by 20.4.1.500 NMAC (incorporating 40 CFR §264.119[b]):

VI.D.2.b.  Certification - the Permittees shall submit a certification to the Secretary, signed by the Permittees, stating the Permittees have recorded the notation specified in Permit Condition VI.D.2.a, including a copy of the document(s) in which the notation has been placed, as required by 20.4.1.500 NMAC (incorporating 40 CFR §264.119[b]).

MOC

CBFO Assistant Manager of Operations

Hazardous Waste Permits Program Manager
Hazardous Waste Bureau
New Mexico Environment Department
2905 Rodeo Park Drive East, Building 1
Santa Fe, New Mexico 87502

HWFP Closure Report-Post-Closure Care Certification

U

As Required

Within 60 calendar days of completion of the post-closure care period for each underground HWDU

NMHWA

HWFP VI.D.4
No later than 60 calendar days after completion of the post-closure care period for each Underground HWDU, the Permittees shall submit to the Secretary, by registered mail, a certification that the post-closure care for the Underground HWDU was performed in accordance with the specifications in the approved Post-Closure Plan, as required by 20.4.1.500 NMAC (incorporating 40 CFR §264.120).  The Permittees and an independent New Mexico registered professional engineer shall sign the certification.  The Permittees shall provide to the Secretary upon request the documentation supporting the professional engineer's certification, as required by 20.4.1.500 NMAC (incorporating 40 CFR §§264.145[i] and 264.120).
 

MOC

CBFO Assistant Manager of Operations

Hazardous Waste Permits Program Manager
Hazardous Waste Bureau
New Mexico Environment Department
2905 Rodeo Park Drive East, Building 1
Santa Fe, New Mexico 87502

HWFP Notification of Underground HWDU excavation

U

As required before excavation of HWDU

Thirty calendar days prior to excavation start date

NMHWA

HWFP IV.E.2.b. Notification requirements - at least 30 calendar days prior to the projected start date of excavation of each Underground HWDU, the Permittees shall provide written notification to the Secretary and to the WIPP facility mailing list stating the projected start date of excavation, along with supporting rationale (e.g., projected waste receipt rate).

MOC

CBFO Assistant Manager of Operations

Hazardous Waste Permits Program Manager
Hazardous Waste Bureau
New Mexico Environment Department
2905 Rodeo Park Drive East, Building 1
Santa Fe, New Mexico 87502

HWFP Closure Report-Intent to Close

U

As Required

Thirty calendar days before placing the final waste in a panel 

NMHWA

HWFP I-1d(1)
Notification of intent to close occurs 30 calendar days before placing the final waste in a panel.

MOC

CBFO Assistant Manager of Operations

Hazardous Waste Permits Program Manager
Hazardous Waste Bureau
New Mexico Environment Department
2905 Rodeo Park Drive East, Building 1
Santa Fe, New Mexico 87502

HWFP Closure Report-Closure Plan Amendment

U

As required to amend closure plan

Sixty calendar days prior to the proposed change in facility design or operation or within 60 calendar days of the occurrence of an unexpected event that affects the Closure Plan.  Within 30 calendar days for unexpected event during closure

NMHWA

HWFP I-1d(4) If it becomes necessary to amend the Closure Plan for the WIPP facility, the Permittees will submit, in accordance with 20.4.1.900 NMAC (incorporating 40 CFR §270.42), a written notification of or request for a permit modification describing any change in operation or facility design that affects the Closure Plan.  The written notification or request will include a copy of the amended Closure Plan for approval by the NMED.  The Permittees will submit a written notification of or request for a permit modification to authorize a change in the approved plan.
The Permittees will submit a written request for a permit modification with a copy of the amended Closure Plan at least 60 calendar days prior to the proposed change in facility design or operation or within 60 calendar days of the occurrence of an unexpected event that affects the Closure Plan.  If the unexpected event occurs during final closure, the permit modification will be requested within 30 calendar days of the occurrence.  If the Secretary of the NMED requests a modification of the Closure Plan, a plan modified in accordance with the request will be submitted within 60 days of notification or within 30 calendar days, if the change in facility condition occurs during final closure. 

MOC

CBFO Assistant Manager of Operations

Hazardous Waste Permits Program Manager
Hazardous Waste Bureau
New Mexico Environment Department
2905 Rodeo Park Drive East, Building 1
Santa Fe, New Mexico 87502

HWFP Closure Report-Certification of Closure

U

As Required

Within sixty (60) days after completion of closure activities

NMHWA

HWFP I-2(a)
Within 60 calendar days after completion of closure activities for a HWMU (i.e., for each storage unit and each disposal unit), the Permittees will submit to the Secretary of the NMED a certification that the unit (and, after completion of final closure, the facility) has been closed in accordance with the specifications of this Closure Plan.  The certification will be signed by the Permittees and by an independent New Mexico registered professional engineer.  Documentation supporting the independent registered engineer's certification will be furnished to the Secretary of the NMED with the certification.
 

MOC

CBFO Assistant Manager of Operations

Hazardous Waste Permits Program Manager
Hazardous Waste Bureau
New Mexico Environment Department
2905 Rodeo Park Drive East, Building 1
Santa Fe, New Mexico 87502

RCRA Closure Report-Survey Plat

U

As Required

Within 60 calendar days of completion of closure activities for each underground HWDU

RCRA

HWFP I-2(b)
Within 60 calendar days of completion of closure activities for each underground HWDU, and no later than the submission of the certification of closure of each underground HWDU, the Permittees will submit to the Secretary of the NMED a survey plat indicating the location and dimensions of hazardous waste disposal units with respect to permanently surveyed benchmarks.  The plat will be prepared and certified by a professional land surveyor and will contain a prominently displayed note that states the Permittees' obligation to restrict disturbance of the hazardous waste disposal unit.  In addition, the land records in the Eddy County Courthouse, Carlsbad, New Mexico, will be updated through filing of the final survey plot

MOC

CBFO Assistant Manager of Operations

Hazardous Waste Permits Program Manager
Hazardous Waste Bureau
New Mexico Environment Department
2905 Rodeo Park Drive East, Building 1
Santa Fe, New Mexico 87502

HWFP Closure Report-Unit Certification

U

As Required

Within 60 days of panel closure and final closure

NMHWA

40 CFR §264.115 (20.4.1.500 NMAC)
Within 60 calendar days of the completion of closure of each landfill unit and within 60 calendar days of completion of final closure, the owner/operator must submit a certification that the hazardous or mixed waste unit has been closed in accordance with the specifications in the approved closure plan.  The certification must be sent to the Secretary by registered mail and must be signed by the owner/operator and by an independent registered professional engineer.

MOC

CBFO Assistant Manager of Operations

Hazardous Waste Permits Program Manager
Hazardous Waste Bureau
New Mexico Environment Department
2905 Rodeo Park Drive East, Building 1
Santa Fe, New Mexico 87502

HWFP Incident Report

U

After Contingency Plan Activation

Verbal within 24 hours

 

 Written within 15 calendar days of an incident

NMHWA

HWFP Attachment F, RCRA Contingency Plan, Table F-9, Hazardous Release Reporting, State of New Mexico

HWFP Attachment F-8 In compliance with 32 20.4.1.500 NMAC (incorporating 40 CFR §§264.56[j]), within 15 calendar days after the incident, the Permittees will ensure that a written report on the incident will be submitted to the EPA Region 6 Administrator and to the Secretary of the NMED.  

MOC

CBFO Assistant Manager of Operations

New Mexico Environment Department, Emergency Response Office

(505) 827-9329, for nonemergencies

(866) 428-6536 or

(505) 428-2500

 

NMED
P.O. Box 26110
Santa Fe, NM 87502


Administrator

U.S. EPA Region 6
1445 Ross Avenue

Dallas, TX 75202

HWFP Mailing List-Notification Mailings

U

As Required

Five calendar days prior to a submittal

NMHWA

HWFP VII.D.4.
On or before five calendar days prior to the due date of each submittal (excluding progress reports and correspondence) required by this Module, the Permittees shall mail a notice to each individual, specified in Permit Condition VII.D.2.a, indicating the date the respective submittal will be made available for public review at the repositories.

MOC

CBFO Assistant Manager of Operations

Hazardous Waste Permits Program Manager
Hazardous Waste Bureau
New Mexico Environment Department
2905 Rodeo Park Drive East, Building 1
Santa Fe, New Mexico 87502

RCRA Modification Report-Planned Changes

U

As Required

As Required

NMHWA

HWFP I.E.11.b
Reporting Anticipated Noncompliance - the Permittees shall give advance notice to the Secretary of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements.
 

MOC

CBFO Assistant Manager of Operations

Hazardous Waste Permits Program Manager
Hazardous Waste Bureau
New Mexico Environment Department
2905 Rodeo Park Drive East, Building 1
Santa Fe, New Mexico 87502

HWFP Modification Report-Anticipated Noncompliance

U

As Required

As Required

NMHWA

HWFP I.E.11.b
Reporting Anticipated Noncompliance - the Permittees shall give advance notice to the Secretary of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements.

MOC

CBFO Assistant Manager of Operations

Hazardous Waste Permits Program Manager
Hazardous Waste Bureau
New Mexico Environment Department
2905 Rodeo Park Drive East, Building 1
Santa Fe, New Mexico 87502

HWFP Modification Report-Permit Transfer

U

As Required

Prior to transfer of ownership

NMHWA

HWFP I.E.12
The Permittees shall not transfer this Permit to any person, except after notice to the Secretary.  The Secretary shall require modification or revocation and reissuance of this Permit as specified by 20.4.1.900 NMAC (incorporating 40 CFR §270.40).

MOC

CBFO Assistant Manager of Operations

Hazardous Waste Permits Program Manager
Hazardous Waste Bureau
New Mexico Environment Department
2905 Rodeo Park Drive East, Building 1
Santa Fe, New Mexico 87502

HWFP Modification Report-Noncompliance

U

As Required

24 hours after discovery of noncompliance
(verbal)


Five calendar days after discovery of noncompliance (written)
 

NMHWA

HWFP I.E.13.a-c
Oral report - as required by 20.4.1.900 NMAC (incorporating 40 CFR §270.30[l][6][i]), within 24 hours from the time the Permittees become aware of the circumstances, the Permittees shall report orally to the Secretary any noncompliance which may endanger human health or the environment,

Written notice - as required by 20.4.1.900 NMAC (incorporating 40 CFR §270.30[l][6][iii]), the Permittees shall submit a written notice within five calendar days of the time the Permittees become aware of the circumstances.

MOC

CBFO Assistant Manager of Operations

Hazardous Waste Bureau

NMED

(505) 428-2500


Hazardous Waste Permits Program Manager
Hazardous Waste Bureau
NMED
2905 Rodeo Park Drive East, Building 1
Santa Fe, NM 87502

HWFP Modification Report-Corrections

U

As Required

As Required

NMHWA

HWFP I.E.15
Whenever the Permittees become aware that they failed to submit any relevant facts in the Permit application, or submitted incorrect information in the Permit application or in any report to the Secretary, the Permittees shall promptly submit such facts or information in writing to the Secretary.  (20.4.1.900 NMAC [incorporating 40 CFR §270.30(l)(11)])

MOC

CBFO Assistant Manager of Operations

Hazardous Waste Permits Program Manager
Hazardous Waste Bureau
New Mexico Environment Department
2905 Rodeo Park Drive East, Building 1
Santa Fe, New Mexico 87502

HWFP Modification Report-VOC Emissions

U

As Required

Seven calendar days after identifying VOC concentration of concern

NMHWA

HWFP IV.F.2.c
Notification requirements - the Permittees shall notify the Secretary in writing, within seven calendar days of obtaining validated analytical results, whenever the concentration of any VOC specified in Table IV.D.1 exceeds the concentration of concern specified in Table IV.F.2.c below.


The Permittees shall notify the Secretary in writing, within seven calendar days of obtaining validated analytical results, whenever the running annual average concentration (calculated after each sampling event) for any VOC specified in Table IV.D.1 exceeds the concentration of concern specified in Table IV.F.2.c below.

MOC

CBFO Assistant Manager of Operations

Hazardous Waste Permits Program Manager
Hazardous Waste Bureau
New Mexico Environment Department
2905 Rodeo Park Drive East, Building 1
Santa Fe, New Mexico 87502

HWFP Modification Report-Remedial Actions Quarterly Status Reports

U

As required following remedial action

Thirty calendar days after submitting Permit Condition IV.F.2.c notification

NMHWA

HWFP IV.F.2.d
For any remedial action taken under this Permit Condition, the Permittees shall submit to the Secretary written quarterly status reports, beginning 30 calendar days after the Permittees submit the initial notification in Permit Condition IV.F.2.c which resulted in the remedial action.

MOC

CBFO Assistant Manager of Operations

Hazardous Waste Permits Program Manager
Hazardous Waste Bureau
New Mexico Environment Department
2905 Rodeo Park Drive East, Building 1
Santa Fe, New Mexico 87502

HWFP Modification Report-Ventilation Rates

U

As Required

Within seven calendar days of discovery

NMHWA

HWFP IV.F.3.c
Whenever the evaluation of the mine ventilation monitoring program data identifies that the ventilation rates specified in Permit Condition IV.E.3.b have not been achieved, the Permittees shall notify the Secretary in writing within seven calendar days.

MOC

CBFO Assistant Manager of Operations

Hazardous Waste Permits Program Manager
Hazardous Waste Bureau
New Mexico Environment Department
2905 Rodeo Park Drive East, Building 1
Santa Fe, New Mexico 87502

HWFP Modification Report-Disposal Room VOC Emissions

U

As Required

Seven calendar days after identifying VOC concentration of concern

NMHWA

HWFP IV.F.3.b
Notification requirements - the Permittees shall notify the Secretary in writing, within seven calendar days of obtaining validated analytical results, whenever the concentration of any VOC specified in Table IV.D.1 exceeds the concentration of concern specified in Table IV.F.3.b below.

MOC

CBFO Assistant Manager of Operations

Hazardous Waste Permits Program Manager
Hazardous Waste Bureau
New Mexico Environment Department
2905 Rodeo Park Drive East, Building 1
Santa Fe, New Mexico 87502

HWFP Mine Ventilation Rate Monitoring

S

Annual

October 27

NMHWA

IV.F.4.b.  Reporting requirements - the Permittees shall report to the Secretary annually, beginning 12 months after issuance of this Permit, the results of the data and analysis of the Mine Ventilation Rate Monitoring Plan.

MOC

CBFO Assistant Manager of Operations

Hazardous Waste Permits Program Manager
Hazardous Waste Bureau
New Mexico Environment Department
2905 Rodeo Park Drive East, Building 1
Santa Fe, New Mexico 87502

HWFP Notification Mine Ventilation Rate not Achieved

U

As required when ventilation rate doesn’t meet Permit Condition IV.E.3.b

Within seven calendar days of discovery

NMHWA

IV.F.4.c.  Notification requirements - the Permittees shall calculate the running annual average mine ventilation exhaust rate on a monthly basis.  In addition, the Permittees shall evaluate compliance with the minimum active room ventilation rate specified in Permit Condition IV.E.3.b on a monthly basis. Whenever the evaluation of the mine ventilation monitoring program data identifies that the ventilation rates specified in Permit Condition IV.E.3.b have not been achieved, the Permittees shall notify the Secretary in writing within seven calendar days.

 

 

Hazardous Waste Permits Program Manager
Hazardous Waste Bureau
New Mexico Environment Department
2905 Rodeo Park Drive East, Building 1
Santa Fe, New Mexico 87502

HWFP Modification Report-Hydrogen/Methane Emissions

U

As required

Seven calendar days after identifying hydrogen/methane concentration of concern

NMHWA

HWFP IV.F.5.c
Notification requirements - the Permittees shall notify the Secretary in writing, within seven calendar days of obtaining validated analytical results, whenever the concentration of hydrogen or methane in a filled panel exceeds the action levels specified in Table IV.F.5.c below.

The Permittees will also notify the e-mail notification list, within seven calendar days of obtaining validated analytical results, if the concentration of hydrogen or methane in a filled panel exceeds these action levels

 

 

Hazardous Waste Permits Program Manager
Hazardous Waste Bureau
New Mexico Environment Department
2905 Rodeo Park Drive East, Building 1
Santa Fe, New Mexico 87502

 

E-mail Notification List

HWFP Modification Report-Sampling Line Loss

U

As required

Seven calendar days after identifying Sample Line Loss

NMHWA

HWFP IV.F.5.e
Notification requirements - the Permittees shall notify the Secretary in writing, within seven calendar days of discovery of the sample line loss.

MOC

CBFO Assistant Manager of Operations

Hazardous Waste Permits Program Manager
Hazardous Waste Bureau
New Mexico Environment Department
2905 Rodeo Park Drive East, Building 1
Santa Fe, New Mexico 87502

HWFP Modification Report-Sampling Line Loss Evaluation

U

As required

Seven calendar days after completion of evaluation

NMHWA

HWFP IV.F.5.e
Notification requirements - the Permittees shall notify the Secretary in writing, within seven calendar days of the completion of the sample line loss evaluation.

MOC

CBFO Assistant Manager of Operations

Hazardous Waste Permits Program Manager
Hazardous Waste Bureau
New Mexico Environment Department
2905 Rodeo Park Drive East, Building 1
Santa Fe, New Mexico 87502

HWFP Modification Report-Plug or Abandon Monitoring Well

U

As required

Within 90 calendar days of DMW removal from the DMP

NMHWA

HWFP V.C.3
The Permittees may propose to plug and abandon a DMW by submitting a permit modification request to the Secretary in compliance with 20.4.1.900 NMAC (incorporating 40 CFR §270.42).  The Permittees shall plug and abandon any DMW in a manner which eliminates physical hazards, prevents groundwater contamination, conserves hydrostatic head, and prevents intermixing of subsurface water.  The Permittees shall submit a report to the Secretary which summarizes and certifies DMW plugging and abandoning methods within 90 calendar days from the date a DMW is removed from the DMP.

MOC

CBFO Assistant Manager of Operations

Hazardous Waste Permits Program Manager
Hazardous Waste Bureau
New Mexico Environment Department
2905 Rodeo Park Drive East, Building 1
Santa Fe, New Mexico 87502

HWFP Modification Report-Determination of Contamination

U

As Required

Within seven calendar days from discovery

NMHWA

HWFP V.J.3, and V.J.3.a
Determination of Contamination If the Permittees determine, pursuant to Permit Condition V.I and 20.4.1.500 NMAC (incorporating 40 CFR §264.98[g]), that there is statistically significant evidence of contamination for any parameter or constituent specified in Table V.D, the Permittees shall comply with the following:
V.J.3.a.  Notification - the Permittees shall notify the Secretary in writing within seven calendar days, indicating what parameters or constituents have shown statistically significant evidence of contamination, as required by 20.4.1.500 NMAC (incorporating 40 CFR §264.98[g][1])

MOC

CBFO Assistant Manager of Operations

Hazardous Waste Permits Program Manager
Hazardous Waste Bureau
New Mexico Environment Department
2905 Rodeo Park Drive East, Building 1
Santa Fe, New Mexico 87502

HWFP Modification Report-Compliance Monitoring

U

As Required

Within 90 calendar days of discovery

NMHWA

HWFP V.J.3, and V.J.3.d
Determination of Contamination If the Permittees determine, pursuant to Permit Condition V.I and 20.4.1.500 NMAC (incorporating 40 CFR §264.98[g]), that there is statistically significant evidence of contamination for any parameter or constituent specified in Table V.D, the Permittees shall comply with the following:
V.J.3.d  Submittal of compliance monitoring program - the Permittees shall, within 90 calendar days, submit to the Secretary an application for a permit modification to establish a compliance monitoring program meeting the requirements of 20.4.1.500 NMAC (incorporating 40 CFR §264.99).

MOC

CBFO Assistant Manager of Operations

Hazardous Waste Permits Program Manager
Hazardous Waste Bureau
New Mexico Environment Department
2905 Rodeo Park Drive East, Building 1
Santa Fe, New Mexico 87502

HWFP Modification Report-Corrective Action Feasibility

U

As Required

Within 180 calendar days of discovery

NMHWA

HWFP V.J.3, and V.J.3.e
Determination of Contamination - If the Permittees determine, pursuant to Permit Condition V.I and 20.4.1.500 NMAC (incorporating 40 CFR §264.98[g]), that there is statistically significant evidence of contamination for any parameter or constituent specified in Table V.D, the Permittees shall comply with the following:
V.J.3.e, Submittal of additional information - the Permittees shall, within 180 calendar days, submit to the Secretary the following information, as required by 20.4.1.500 NMAC (incorporating 40 CFR §264.98[g][5][5]):  i.  All data necessary to justify an alternate concentration limit proposed in compliance with Permit Condition V.J.3.d.iv.  ii.  An engineering feasibility plan for corrective action required by 20.4.1.500 NMAC (incorporating 40 CFR §264.100), if necessary. 

MOC

CBFO Assistant Manager of Operations

Hazardous Waste Permits Program Manager
Hazardous Waste Bureau
New Mexico Environment Department
2905 Rodeo Park Drive East, Building 1
Santa Fe, New Mexico 87502

HWFP Modification Report-Outside Source

U

As required

Within seven calendar days of discovery

NMHWA

HWFP V.J.4, V.J.4.a
Demonstration of Outside Contamination - If the Permittees determine, pursuant to Permit Condition V.I, that there is a statistically significant difference for parameters or constituents specified in Table V.D at any DMW at the compliance point, they may demonstrate that a source other than a regulated unit caused the increase or that the detection is an artifact caused by an error in sampling, analysis, statistical evaluation, or natural variation in the ground water.  In such cases, the Permittees shall comply with the following:
V.J.4.a.  Notification - the Permittees shall notify the Secretary in writing within seven calendar days of determining statistically significant evidence of contamination at the compliance point that they intend to make a demonstration of outside contamination, as required by 20.4.1.500 NMAC (incorporating 40 CFR §264.98[g][6][i]).

MOC

CBFO Assistant Manager of Operations

Hazardous Waste Permits Program Manager
Hazardous Waste Bureau
New Mexico Environment Department
2905 Rodeo Park Drive East, Building 1
Santa Fe, New Mexico 87502

HWFP Modification Report-Outside Source

U

As Required

Within seven calendar days of discovery

NMHWA

HWFP V.J.4, V.J.4.a
Demonstration of Outside Contamination - If the Permittees determine, pursuant to Permit Condition V.I, that there is a statistically significant difference for parameters or constituents specified in Table V.D at any DMW at the compliance point, they may demonstrate that a source other than a regulated unit caused the increase or that the detection is an artifact caused by an error in sampling, analysis, statistical evaluation, or natural variation in the ground water.  In such cases, the Permittees shall comply with the following:
V.J.4.a.  Notification - the Permittees shall notify the Secretary in writing within seven calendar days of determining statistically significant evidence of contamination at the compliance point that they intend to make a demonstration of outside contamination, as required by 20.4.1.500 NMAC (incorporating 40 CFR §264.98[g][6][i]).

MOC

CBFO Assistant Manager of Operations

Hazardous Waste Permits Program Manager
Hazardous Waste Bureau
New Mexico Environment Department
2905 Rodeo Park Drive East, Building 1
Santa Fe, New Mexico 87502

HWFP Modification Report

U

As Required

Within 90 calendar days of discovery

NMHWA

HWFP V.J.4, and V.J.4.b
Demonstration of Outside Contamination If the Permittees determine, pursuant to Permit Condition V.I, that there is a statistically significant difference for parameters or constituents specified in Table V.D at any DMW at the compliance point, they may demonstrate that a source other than a regulated unit caused the increase or that the detection is an artifact caused by an error in sampling, analysis, statistical evaluation, or natural variation in the ground water.  In such cases, the Permittees shall comply with the following:
V.J.4.b.  Submittal of demonstration - the Permittees shall, within 90 calendar days, submit a report to the Secretary which demonstrates that a source other than a regulated unit caused the contamination, or that the contamination resulted from error in sampling, analysis, or evaluation, as required by 20.4.1.500 NMAC (incorporating 40 CFR §264.98[g][6][ii]). 

MOC

CBFO Assistant Manager of Operations

Hazardous Waste Permits Program Manager
Hazardous Waste Bureau
New Mexico Environment Department
2905 Rodeo Park Drive East, Building 1
Santa Fe, New Mexico 87502

HWFP Modification Report-Monitoring Changes

U

As Required

Within 90 calendar days of discovery

NMHWA

HWFP V.J.4, and V.J.4.c
Demonstration of Outside Contamination If the Permittees determine, pursuant to Permit Condition V.I, that there is a statistically significant difference

for parameters or constituents specified in Table V.D at any DMW at the compliance point, they may demonstrate that a source other than a regulated unit caused the increase or that the detection is an artifact caused by an error in sampling, analysis, statistical evaluation, or natural variation in the ground water.  In such cases, the Permittees shall comply with the following:
V.J.4.c.  Submittal of modification request - the Permittees shall, within 90 calendar days, submit to the Secretary an application for a permit modification to make any appropriate changes to the DMP, as required by 20.4.1.500 NMAC (incorporating 40 CFR §264.98[g][6][iii]).

MOC

CBFO Assistant Manager of Operations

Hazardous Waste Permits Program Manager
Hazardous Waste Bureau
New Mexico Environment Department
2905 Rodeo Park Drive East, Building 1
Santa Fe, New Mexico 87502

HWFP Modification Report-DMP Changes

U

As required

Within 90 calendar days of discovery

NMHWA

HWFP V.K
If the Permittees or the Secretary determines that the DMP no longer satisfies the requirements of 20.4.1.500 NMAC (incorporating 40 CFR §264 Subpart F) and this Permit Module, the Permittees shall, within 90 calendar days of the determination, submit an application for a permit modification to make any appropriate changes to the program in compliance with 20.4.1.500 and .900 NMAC (incorporating 40 CFR §264.98[h] and 270.42).

MOC

CBFO Assistant Manager of Operations

Hazardous Waste Permits Program Manager
Hazardous Waste Bureau
New Mexico Environment Department
2905 Rodeo Park Drive East, Building 1
Santa Fe, New Mexico 87502

HWFP Modification Report-Post-Closure Plan Amendment

U

As Required

Sixty calendar days prior to planned change or within Sixty calendar days of discovering an unplanned change

NMHWA

HWFP VI.E.
The Permittees shall submit a written notification of or request for a permit modification to amend the approved Post-Closure Plan at any time during the active life of the facility or during the post-closure care period, as required by 20.4.1.500, .900, and .901 NMAC (incorporating 40 CFR §264.118[d] and Part 270).  The Permittees shall include a copy of the proposed amended Post-Closure Plan for approval by the Secretary, as required by 20.4.1.500 NMAC (incorporating 40 CFR §264.118[d])

MOC

CBFO Assistant Manager of Operations

Hazardous Waste Permits Program Manager
Hazardous Waste Bureau
New Mexico Environment Department
2905 Rodeo Park Drive East, Building 1
Santa Fe, New Mexico 87502

HWFP Modification Report-Corrective Action Schedule Amendment

U

As Required

As Required

NMHWA

HWFP VII.B.3.c
The Permittees shall adhere to the Corrective Action Schedules of Compliance (CASCs) contained in the Permit.  If at any time the Permittees determine that such schedules cannot be met, the Permittees shall notify the Secretary and, if appropriate, submit a request for a Permit modification under 20.4.1.900 NMAC (incorporating 40 CFR §270.42), with a justification as to why the current CASC cannot be met. 

MOC

CBFO Assistant Manager of Operations

Hazardous Waste Permits Program Manager
Hazardous Waste Bureau
New Mexico Environment Department
2905 Rodeo Park Drive East, Building 1
Santa Fe, New Mexico 87502

HWFP Modification Report-Schedule Dispute

U

As Required

Thirty calendar days before a deadline

NMHWA

HWFP VII.F and VII.F1
If Permittees' dispute concerns its inability to meet a specified deadline, then the Permittees shall inform the Secretary in writing at least 30 calendar days in advance of the deadline.  The Permittees shall submit a written statement that sets forth the nature of the dispute, the work affected by the dispute including specific compliance dates, and all factual data, analysis, opinion, or documentation supporting the Permittees' position. 

MOC

CBFO Assistant Manager of Operations

Hazardous Waste Permits Program Manager
Hazardous Waste Bureau
New Mexico Environment Department
2905 Rodeo Park Drive East, Building 1
Santa Fe, New Mexico 87502

HWFP Modification Report-Notification of Receipt

U

As Required

Within 15 calendar days of receipt of a disputed written notice

NMHWA

HWFP VII.F and VII.F.2
The Secretary shall provide Permittees written notice of its disapproval or modification of any interim submission under HSWA, including, but not limited to, implementation of work plans, approval of documents, scheduling of any work, or recommendation, performance, or completion of any correction action.  The written notice of disapproval or modification shall set forth the reasons for the disapproval or modification.  If the Permittees disagree, in whole or in part, with any such written notice, the Permittees shall notify the RCRA Permits staff manager, in writing, within 15 calendar days of receipt of the written notice. 

MOC

CBFO Assistant Manager of Operations

Hazardous Waste Permits Program Manager
Hazardous Waste Bureau
New Mexico Environment Department
2905 Rodeo Park Drive East, Building 1
Santa Fe, New Mexico 87502

HWFP Modification Report-Dispute Resolution

U

As Required

Within 30 calendar days of the Secretary's final decision written notice

NMHWA

HWFP VII.F and VII.F.3
If Permittees and the RCRA Permits staff are unable to resolve the dispute, the Permittees may request a final decision by the Secretary.  Within 30 calendar days of receipt of the Secretary's written notice, the Permittees shall submit to the Permit approval a

authority a written statement of its arguments and explanations of its position. 

MOC

CBFO Assistant Manager of Operations

Hazardous Waste Permits Program Manager
Hazardous Waste Bureau
New Mexico Environment Department
2905 Rodeo Park Drive East, Building 1
Santa Fe, New Mexico 87502

HWFP Modification Report-New Solid Waste Management Unit (SWMU) or Area of Concern (AOC)

U

As Required

Thirty calendar days after identified

NMHWA

HWFP VII.J.1
The Permittees shall notify the Secretary, in writing, of any newly-identified SWMU(s) and potential AOCs (i.e., a SWMU or AOC not specifically identified during the RFA), discovered in the course of ground water monitoring, field investigations, environmental audits, or other means, no later than 30 calendar days after discovery.  The Permittees shall also notify the Secretary of any newly constructed land-based SWMUs (including but not limited to, surface impoundments, waste piles, landfills, land treatment units) and newly constructed SWMUs where any release of hazardous constituents may be difficult to identify (e.g., underground storage tanks) no later than 30 calendar days after construction.

MOC

CBFO Assistant Manager of Operations

Hazardous Waste Permits Program Manager
Hazardous Waste Bureau
New Mexico Environment Department
2905 Rodeo Park Drive East, Building 1
Santa Fe, New Mexico 87502

Emergency Release Notification

U

As required after a release of a reportable quantity

Immediately following release

CERCLA

Title 40 CFR §355.40 The requirements of this section apply to any facility: (i) at which a hazardous chemical is produced, used, or stored, and (ii) at which there is release of a reportable quantity of any extremely hazardous substance or CERCLA hazardous substance. 

For releases not excluded by §355.40(a) the following applies; (b) Notice requirements. (1)  The owner or operator of a facility subject to this section shall immediately notify the local emergency planning committee of any area likely to be affected by the release and the state emergency response commission of any state likely to be affected by the release.  If there is no local emergency planning committee, notification shall be provided under this section to relevant local emergency response personnel.  The notice shall include, to the extent known at the time of notice:  (i) the chemical name of any substance involved in the release; (ii) whether or not the substance is extremely hazardous; (iii) estimate of the quantity released into the environment; (iv) time and duration of the release; (v) the medium or media into which the release occurred; (vi) known or anticipated acute or chronic health risks associated with the emergency and advice regarding medical attention necessary for exposed individuals; and (vii) Precautions to take as a result of the release, including evacuation.  (viii) Names and telephone number of persons to be contacted for further information.  (3) As soon as practicable after the release the owner or operator shall provide a written follow-up emergency notice containing the information above.

For a transportation-related release the above information may be provided to the 911 operator, or in the absence of a 911 operator, to the operator. A transportation-related release is a release during transportation, or storage if the stored substance is moving under active shipping papers and has not reached the ultimate consignee.

MOC

CBFO Assistant Manager for Operations
CBFO Office of Disposal

National Response Center

(800) 424-8802

 

NMED (505) 827-9327

 

Administrator

U.S. EPA Region 6

1445 Ross Avenue

Dallas, TX 75202

(866) 372-7745

 

Eddy Co.  Emergency Planning Committee

324 S. Canyon, Suite B

Carlsbad, NM 88220

(575) 885-3581

 

SERC, NM Department of Homeland Security and Emergency Management

13 Bataan Boulevard

Santa Fe, NM 87508

(505) 476-9681

 

Note:  During Transportation notify the 911 operator.

Hazardous Waste Release, Fire or Explosion Report-Incident Report

U

As required after a release

Immediate verbal report

NMHWA

HWFP Attachment F, RCRA Contingency Plan, Table F-9, Hazardous Release Reporting, State of New Mexico

 

40 CFR §264.56 (20.4.1.500 NMAC)

If the emergency coordinator determines that the facility has had a release, fire, or explosion which could threaten human health, or the environment, outside the facility, they must report their findings as follows:  (1) If their assessment indicates that evacuation of local areas may be advisable, they must immediately notify appropriate local authorities.  They must be available to help appropriate officials decide whether local areas should be evacuated; and they must immediately notify either the government official designated as the on‑scene coordinator for that geographical area, or the National Response Center (using their 24‑hour toll free number 800‑424‑8802). The report must include:  (i) name and telephone number of reporter; (ii) name and address of facility; (iii) time and type of incident (e.g., release, fire); (iv) name and quantity of material(s) involved, to the extent known; (v) the extent of injuries, if any; and (vi) the possible hazards to human health, or the environment, outside the facility.

MOC

CBFO Assistant Manager of Operations

National Response Center
(800) 424-8802

 

SERC, NM Department of Homeland Security and Emergency Management

13 Bataan Boulevard

Santa Fe, NM 87508

(505) 476-9681


Local Emergency Planning Committee
Eddy County
, NM
324 S. Canyon, Suite B

Carlsbad, NM 88220
(575) 885-3581

Incident Report- Implementation of Contingency Plan

U

As required after contingency plan is implemented

Within 15 calendar days

NMHWA

HWFP Attachment F, RCRA Contingency Plan, Table F-9, Hazardous Release Reporting, State of New Mexico

 

40 CFR §264.56 (20.4.1.500 NMAC)

The owner or operator must note in the operating record the time, date, and details of any incident that requires implementing the contingency plan. Within 15 days after the incident, they must submit a written report on the incident to the Regional Administrator. The report must include:  (1) name, address, and telephone number of the owner or operator; (2) name, address, and telephone number of the facility; (3) date, time, and type of incident (e.g., fire, explosion); (4) name and quantity of material(s) involved; (5) the extent of injuries, if any; (6) an assessment of actual or potential hazards to human health or the environment, where this is applicable; and (7) estimated quantity and disposition of recovered material that resulted from the incident.

MOC

CBFO Assistant Manager of Operations

NMED

Emergency Response Office

P.O. Box 26110
Santa Fe, NM 87505

(505) 428-6535

Spill or Release Report-SWMU or AOC

U

As required for a release from SWMU or AOC

Within 24 hours of discovery (verbal)


Within 15 calendar days of discovery (written)

NMHWA

HWFP VII.K
The Permittees shall notify the Secretary verbally of any release(s) from a SWMU or AOC of hazardous waste or hazardous constituents discovered during the course of ground water monitoring, field investigation, environmental auditing, or other means, no later than 24 hours after discovery.  This notification shall also be made in writing no later than 15 calendar days after discovery.  Such newly discovered releases may be from newly identified SWMUs or AOCs, newly constructed SWMUs, or from SWMUs or AOCs for which, based on the findings of the RFA, completed RFI, or investigation of an AOC(s), the Secretary had previously determined no further investigation was necessary.  The notification shall include information concerning actual and/or potential impacts beyond the facility boundary and on human health and the environment, if available at the time of the notification. 

MOC

CBFO Assistant Manager of Operations

Hazardous Waste Permits Program Manager
Hazardous Waste Bureau
New Mexico Environment Department
2905 Rodeo Park Drive East, Building 1
Santa Fe, New Mexico 87502

Spill or Release Report- Storage Tank

U

As required after a release

Within 24 hours of release

UST

HWFP Attachment F, RCRA Contingency Plan, Table F-9, Hazardous Release Reporting, State of New Mexico

20.5.2.12 NMAC
Owners and operators of storage tank systems must report suspected releases to the NMED within 24 hours in accordance with 20.5.7.700 NMAC, and follow the procedures in 20.5.7.703 NMAC for any of the following conditions:
A.  Evidence of released regulated substances in the vicinity of the storage tank site, including but not limited to, the presence of nonaqueous phase liquid or vapors in soils, basements, sewer and utility lines, groundwater, drinking water or nearby surface water;
B.  Unusual operating conditions such as, but not limited to, the erratic function of product dispensing equipment, the sudden loss of regulated substance from the storage tank system, an unexplained presence of water in the tank, the presence of a regulated substance in the annular or interstitial space of double-walled tanks or piping, anything other than a "pass" result from any release detection method in 20.5.6 NMAC, unless system equipment is found to be defective but not leaking and is immediately repaired or replaced;
C.  Monitoring results from a release detection method described under 20.5.6.601, 602, 603 and 604 NMAC that indicate a release may have occurred.

MOC

CBFO Assistant Manager of Operations

Petroleum Storage Tank Bureau
NMED

1301 Siler Road, Bldg. B

Santa Fe, NM 87507


Leaks are to be verbally reported to appropriate NMED staff identified at http://www.nmenv.state.nm.us/ust/leakweek.html For emergencies during evenings and weekends, call the NMED emergency number (505) 827-9329

Spill or Overfill Report – Storage Tank

U

As required after spill or overfill exceeding 25 gallons

Within 24 hours of release

UST

40 CFR §280.53(a) (Subsection A of 20.5.7.704 NMAC)
Owners and operators of storage tank systems must contain and immediately clean up a spill or overfill and report it to the NMED within 24 hours in accordance with 20.5.7.700 NMAC.  If a spill or overfill of a petroleum product results in a release to the environment that exceeds 25 gallons, or a hazardous substance spill results in a release

to the environment that equals or exceeds its reportable quantity (RQ) under CERCLA (40 CFR Part 302), corrective action must be initiated in accordance with 20.5.12 NMAC and 20.5.13 NMAC.

MOC

CBFO Assistant Manager of Operations

Petroleum Storage Tank Bureau
NMED

1301 Siler Road, Bldg. B

Santa Fe, NM 87507


Leaks are to be verbally reported to appropriate NMED staff identified at http://www.nmenv.state.nm.us/ust/leakweek.html For emergencies during evenings and weekends, call the NMED emergency number (505) 827-9329

Spill or Release Report-Hazardous Substance Reportable Quantity

U

As required for release equaling or exceeding RQ

Immediate

CERCLA

HWFP Attachment F, RCRA Contingency Plan, Table F-9, Hazardous Release Reporting, State of New Mexico

40 CFR §302.6(a)
Any release of a hazardous substance in a quantity equal to or exceeding the RQ determined in 40 CFR §302.5 in any 24-hour period shall immediately be reported to the National Response Center at 800‑424‑8802. 

If the quantity of the hazardous constituent(s) of the mixture or solution is known, notification is required where an RQ or more of any hazardous constituent is released;
If the quantity of one or more of the hazardous constituents of the mixture or solution is unknown, notification is required where the total amount of the mixture or solution released equals or exceeds the RQ for the hazardous constituent with the lowest RQ;
Radionuclides are subject to these notification requirements only in the following circumstances:

-     The identity and quantity (in curies) of each radionuclide in a released mixture or solution is known and the sum of the ratios (quantity released in curies/RQ for the radionuclide) for each radionuclide in the mixture or solution is equal to or greater than 1.

-     The identity of each radionuclide in a released mixture or solution is known but the quantity released (in curies) of one or more of the radionuclides is unknown and the total quantity (in curies) of the mixture or solution is equal to or greater than the lowest quantity of any individual radionuclide in the mixture or solution.

-     The identity of one or more radionuclides in a released mixture or solution is unknown and the total quantity (in curies) released is equal to or greater than either 1 curie or the lowest RQ of any known individual radionuclide in the mixture or solution, whichever is lower.

MOC

CBFO Assistant Manager for Operations
CBFO Office of Disposal

National Response Center
(800) 424-8802

 

NMED (505) 827-9329


Administrator
U.S. EPA Region 6
1445 Ross Avenue

Dallas, TX 75202


 

Eddy Co. Emergency Planning Committee
324 S. Canyon, Suite B
Carlsbad, NM 88220
(575) 885-3581

 

SERC, NM Department of Homeland Security and Emergency Management

13 Bataan Boulevard

Santa Fe, NM 87508

(505) 476-9681

 

Spill or Release Report- Hazardous Substances or Radioactive Substances

U

As required for a release that may endanger human health or the environment

Immediate verbal

 

Written within one week

New Mexico Emergency Management Act,

HWFP Attachment F, RCRA Contingency Plan, Table F-9, Hazardous Release Reporting, State of New Mexico

 

Any driver of a vehicle carrying hazardous materials involved in an accident which may cause injury to persons or property or any owner, shipper or carrier of hazardous materials involved in an accident who has knowledge of such accident or any owner or person in charge of any building, premises or facility where such an accident occurs shall immediately notify the New Mexico state police division of the public safety department by the quickest means of communication available.

MOC

CBFO Assistant Manager for Operations
CBFO Office of Disposal

Eddy Co. Emergency Planning Committee

(575) 885-3581

 

NMED (505) 827-9329

 

New Mexico State Emergency Response Commission Department of Public Safety, Title III Bureau

P.O. Box 1628

Santa Fe, NM 87504-1628

(505) 476-9681

 

Chief, Ground Water Quality Bureau,

NMED

P.O. Box 26110

Santa Fe, NM 87502

 

Local Emergency Planning Committee

324 S. Canyon, Suite B

Carlsbad, NM 88220

Discharge of Oil or other water Contaminant

U

As required for a discharge that may endanger human health or the environment

Verbal within 24 hours

 

Written within 7 and 15 calendar days

New Mexico Water Quality Act

HWFP Attachment F, RCRA Contingency Plan, Table F-9, Hazardous Release Reporting, State of New Mexico

20.6.2.1203 NMAC

With respect to any discharge from any facility of oil or other water contaminant, in such quantity as may with reasonable probability injure or be detrimental to human health, animal or plant life, or property, or unreasonably interfere with the public welfare or the use of property, the person in charge of the facility shall notify the Chief of the Chief of the Ground Water Quality Bureau of the department, or their counterpart of the discharge.

MOC

CBFO Assistant Manager for Operations CBFO Office of Disposal

Chief, Ground Water Quality Bureau

NMED

P.O. Box 26110

Santa Fe, NM 87502

(505) 827-2918

UST Report-New Installation

U

As Required

Thirty calendar days before any new tank or UST system is installed

UST

20.5.2.10 NMAC
The owner must notify the NMED Petroleum Storage Tank Bureau in writing at least 30 calendar days before any new tank or UST system is installed and must register any new tank or UST system with the NMED Petroleum Storage Tank Bureau prior to placing it in service.

MOC

CBFO Assistant Manager of Operations

Carlsbad NMED Petroleum Storage Tank Bureau
406-C North Guadalupe

Carlsbad, NM 88220
(575) 885-9023

UST Report-System Modification

U

As Required

Fifteen calendar days prior to the modification or replacement

UST

20.5.2.11 NMAC
When an existing storage tank system is substantially modified or replaced, the owner must notify the NMED Petroleum Storage Tank Bureau in writing of such modification or replacement at least 15 calendar days prior to the modification or replacement.  Emergency repairs or replacements are exempt from these notification requirements.

MOC

CBFO Assistant Manager of Operations

Carlsbad NMED Petroleum Storage Tank Bureau
406-C North Guadalupe

Carlsbad, NM 88220
(575) 885-9023

 

UST Report-Emergency Repairs

U

As Required

Immediate, at time of emergency repair or replacement

UST

20.5.2.205 NMAC
Immediate repairs or replacement of an storage tank system may be made in the event an emergency situation presents a threat to the public health, provided notice is given to the NMED.

MOC

CBFO Assistant Manager of Operations

Carlsbad NMED Petroleum Storage Tank Bureau
406-C North Guadalupe

Carlsbad, NM 88220
(575) 885-9023

UST Notification of Temporary or Permanent Closure or Return to Service

U

As required before change-in-serve, tank removal, temporary closure, or permanent closure.

As required before change-in-serve, tank removal, temporary closure, or permanent closure.

UST

20.5.8.8 Notification of Temporary or Permanent Closure or Return to Service:

A.  At least 30 calendar days before beginning either permanent closure, temporary closure, a change-in-service, or removal of a tank pursuant to Subsections B, C, or D of 20.5.8 NMAC, or within another reasonable time period if approved in advance in writing by the department, owners and operators shall notify the department orally or in writing of their intent to close or make the change-in-service, unless such action is in response to corrective action.

B.  Additionally, owners and operators shall notify the department orally or in writing at least 30 calendar days prior to placing any regulated substance into a tank that has been in temporary or permanent closure.

C.  If the owner and operator of a storage tank are separate persons, only one person is required to comply with the requirements of this part, including any notice and reporting requirements; however, both parties are liable in the event of noncompliance.

MOC

CBFO Assistant Manager of Operations

Carlsbad NMED Petroleum Storage Tank Bureau
406-C North Guadalupe

Carlsbad, NM 88220
(575) 885-9023

UST Report-Installation, Modification, or Repair

U

As Required

Written notice 30 calendar days before the installation, modification, or repair of a storage tank system

UST

20.5.2.13 NMAC
Owners, operators, and certified tank installers shall give at least 30 calendar days' written notice before the installation, modification or repair of a storage tank system.  It may not be feasible for owners, operators, and certified tank installers to provide advance notice of emergency repairs; however, owners, operators, and certified tank installers shall provide notice of emergency repairs as soon as possible after completing emergency repairs.  Owners, operators and certified tank installers shall give oral notice at least 24 hours in advance of the commencement of the procedure.  If owners, operators, and certified tank installers are separate persons, only one person is required to comply with the notice requirements of this Subsection; however, all parties are liable in the event of noncompliance.

MOC

CBFO Assistant Manager of Operations

Carlsbad NMED Petroleum Storage Tank Bureau
406‑C North Guadalupe

Carlsbad, NM 88220
(575) 885-9023

Water Discharge Report-New or Changed Discharge

U

As Required

As Required

New Mexico Water Quality Act

20.6.2.1201 NMAC
Any party intending to make a new water contaminant discharge or to alter the character or location of an existing water contaminant discharge, unless the discharge is being made or will be made into a community sewer system or subject to the Liquid Waste Disposal Regulations adopted by the New Mexico Environmental Improvement Board, shall file a notice with the Water Pollution Control Bureau of the NMED.

MOC

CBFO Assistant Manager of Operations

Water Pollution Control Bureau
NMED
2905 Rodeo Park Drive East

Santa Fe, NM 87502

Water Discharge Report-New or Modified Treatment System

U

As Required

As Required

New Mexico Water Quality Act

20.6.2.1202 NMAC
Any party proposing to construct a sewerage system or proposing to modify any sewerage system in a manner that will change the quantity or quality of the discharge from the system substantially must file plans and specifications for the construction or modification with the Water Pollution Control Bureau of the NMED.

MOC

CBFO Assistant Manager of Operations

Water Pollution Control Bureau
NMED
2905 Rodeo Park Drive East
Santa Fe
, NM 87502

Manifest Exception Report

U

As required

As required 45 days after waste accepted

NMHWA

40 CFR §262.42(a) (20.4.1.300 NMAC)  A generator of greater than 1,000 kilograms of hazardous waste in a calendar month must submit an Exception Report to the EPA Regional Administrator for the region in which the generator is located if they have not received a copy of the manifest with the handwritten signature of the owner or operator of the designated facility within 45 days of the date the waste was accepted by the initial transporter.  The Exception Report must include:  (i) a legible copy of the manifest for which the generator does not have confirmation of delivery; and (ii) a cover letter signed by the generator or their authorized representative explaining the efforts taken to locate the hazardous waste and the results of those efforts.

MOC

CBFO Assistant Manager of Operations

Administrator

U.S. EPA Region 6
1445 Ross Avenue

Dallas, TX 75202

Manifest Exception Report

U

 

As required

 

As required 60 days after waste accepted

NMHWA

40 CFR §262.42(b)  (20.4.1.300 NMAC)

A generator of greater than 100 kilograms but less than 1,000 kilograms of hazardous waste in a calendar month who does not receive a copy of the manifest with the handwritten signature of the owner or operator of the designated facility within 60 days of the date the waste was accepted by the initial transporter must submit a legible copy of the manifest, with some indication that the generator has not received confirmation of delivery, to the EPA Regional Administrator for the region in which the generator is located.

Note:  The submission to the EPA need only be a handwritten or typed note on the manifest itself, or on an attached sheet of paper, stating that the return copy was not received.

MOC

CBFO Assistant Manager of Operations

Administrator

U.S. EPA Region 6
1445 Ross Avenue

Dallas, TX 75202

Additional Report

U

As required

As required

NMHWA

40 CFR §262.43 (20.4.1.300 NMAC)

The Administrator, as they deem necessary under Sections 2002(a) and 3002(6) of the Act, may require generators to furnish additional reports concerning the quantities and disposition of wastes identified or listed in 40 CFR Part 261.

MOC

CBFO Assistant Manager of Operations

Administrator

U.S. EPA Region 6
1445 Ross Avenue

Dallas, TX 75202