SITE INFORMATION AND CORRESPONDENCE

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• ti Draft OU-1 ROD -2- • 20 August 1993 DDRW, Tracy CCR Title 23, Division 3 Chanter 15 Article 5 The Regional Board reconfirms its position that Chapter 15, Article 5 is an applicable requirement. Article 5 requires monitoring and corrective action for waste management units, which are defined as "an area of land, or a portion of a waste management facility, at which waste is discharged." 23 CCR § 2601. DDRW, Tracy has at least one waste management unit which has contributed to groundwater contamination, and is located within OU-1 (the Roundhouse Sump in Building 206), and probably has several more. (David Riley, DDRW, Tracy, 20 July 1993 conference call, and Comprehensive RI/FS submitted May 1992 by Woodward-Clyde, Table 3.3-6.) Other probable waste management units that received solvents include a possible waste disposal area (#16), a battery acid sump by Building 206 (#21), and Building 26 recoup operations (#23). (Comprehensive RI/FS submitted May 1992 by Woodward-Clyde, Table 3.3-6.) Thus, the monitoring and corrective actions required by Article 5 are applicable requirements for all groundwater contamination at OU-1. Section 2550.12 of Article 5 also applies to the situation at DDRW, Tracy. This section requires Article 5 corrective action for all releases at the facility other than those from waste management units. The section states that: "A discharger seeking waste discharge requirements for the treatment, storage or disposal of hazardous waste shall institute corrective action as necessary to protect human health and the environment for all releases of hazardous waste or hazardous constituents from any area at the facility other than a waste management unit regardless of the time waste was discharged at such an area." 23 CCR §2550.12(a) (emphasis added). In defense of its position that Article 5 is not an ARAR, EPA stated that "[section 2550.12(a)] presupposes a WMU already exists at a facility; only when this site condition is met would subsection (a) trigger the inclusion of other contaminated areas at a facility." (Comments from EPA dated 8 July 1993.) Even assuming that such a limitation exists, this condition is met for DDRW, Tracy. As stated above, DDRW, Tracy has at least one waste management unit which has contributed to groundwater contamination. Therefore, Article 5 corrective actions are applicable requirements for all releases of hazardous waste or hazardous constituents from all areas of the facility. Water Quality Control Plan (Basin Plan) The Regional Board agrees that several sections of the Basin Plan are not ARARs for this ROD, but would like to clarify the reasons. Radioactivity Radioactivity will, if appropriate, be dealt with in the site-wide ROD.