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C. Toxic Pollutant Effluent Standards, 40 CFR Part 129 <br /> This may be an ARAR if (i) a discharge to navigable waters occurs and (ii) a <br /> more stringent state ARAR does not otherwise apply. The state should opine <br /> as to these two issues. However, since the discharge mechanisms are to ponds <br /> and to injection wells, this would appear to not be an ARAR. <br /> d. Identification and Listing of Hazardous Waste, 40 CFR Part 261 <br /> Reference to 40 CFR Part 261 should be deleted (not only because it is a <br /> federal citation but also because it is incorrect). The correct California <br /> citation is CCR, Title 22, Div. 4.5, Chapter 14, Art 16, Sections 66264.600 - <br /> 66264.603. The requirements of these sections apply to owners and operators <br /> of facilities that treat, store, or dispose of RCRA hazardous waste in <br /> miscellaneous units. Because air strippers are considered to be miscellaneous <br /> units for purposes of this requirement and because the selected remedy <br /> includes treatment of extracted groundwater by air stripping, 22 CCR §§ <br /> 66264.600 - 66364.603 is an ARAR. <br /> C. Releases from Solid Waste Management Units, 40 CFR Part 264 Subpart F <br /> This section should be deleted for the same reasons stated above. <br /> f. Clean Water Act, 33 USC $§ 1251-1376 <br /> This section should be deleted from the Federal table and addressed in the <br /> State table by the Inland Surface Water Plan or the substantive standards <br /> governing NPDES permits, etc. -- whichever is the most stringent. The state <br /> should opine as to which of its requirements is the most stringent. <br /> g. Hazardous Waste Management Systems General, 40 CFR Part 262 <br /> This is not an ARAR. 40 CFR Part 260 is not a substantive cleanup standard. <br /> However, the comment section of the table notes RCRA storage requirements. <br /> If DDRW-Tracy wishes to propose an ARAR for storage of hazardous waste, <br /> then it must identify the proper California citation. Before doing so, the <br /> threshold determination must be made whether or not RCRA waste will be <br /> stored on-site. Then it must be determined whether storage will last less than <br /> or greater than 90 days. (These determinations will also impact other <br /> proposed ARARs as well, e.g., standards for containers or tanks used for <br /> storing RCRA waste). <br /> h. Standards Applicable to Generators of Hazardous Waste, 40 CFR Part 262 <br /> Again, the California citation must be presented as an ARAR. The comment <br /> section should be deleted and replaced with the following: "The used carbon <br /> unit resulting from the air stripping treatment is classified as RCRA waste <br /> and must be disposed of off-site in compliance with RCRA standards." <br /> EPA/R9 June 7, 1993 30/40 <br />