SITE INFORMATION AND CORRESPONDENCE

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Review of OU-1 FS Report -4- 7 August 1992 DDRW, Tracy e. Spreading basin; f. Injection trench; and g. Deep reinjection. OTHER CONCERNS Off-Site and Permit Requirements Section 2.2.6.3.4 (page 2-8) of the Draft OU-1 FS Report indicates that a permit is not required for on-site response actions conducted pursuant to the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) . The Federal Facilities Agreement (FFA) Section 3 (t) states the following: "For the purposes of obtaining permits, the term "on-site" shall have the same meaning as provided in the National Contingency Plan (NCP) , and the term, "off-site" shall mean all locations that are not on-site. " "On-site" in the NCP means ". . .the areal extent of contamination and all suitable areas in very close proximity to the contamination necessary for implementation of the response action." Based on the proposed locations of the injection wells in the Draft OU-1 FS Report, the locations meet the NCP definition of off-site. Therefore, we conclude that WDRs will be needed for the disposal of the treated ground water. We request that DDRW, Tracy submit a Report of Waste Discharge (RWD) for the revision of the existing WDRs (No. 90-275) . Applicable or Relevant and Appropriate Requirements ARARs are discussed in Section 2.2.6.7 and are summarized in Table 2.2-4 of the Report. The discussions in text do not reflect all of the identified potential ARARs presented in the table. Specifically, Chapter 16 of the California Code of Regulations (CCR) and the Toxic Pits Cleanup Act (TPCA) of the Health and Safety Code were not discussed in the text of the Report, but may not need to be identified for OU-1. In addition, the discussions in the text do not identify Article 5 of Chapters 15 of the CCR. Chapter 15 contains monitoring reouirements for waste management units and establishes water quality protection standards for corrective action including concentration limits for constituents of concern at background levels unless infeasible to achieve. Cleanup levels greater than background must meet all applicable water quality standards, must be the lowest levels technologically and economically achievable, must consider exposure via other media and must consider combined toxicological effects of pollutants. The Draft Final FS Report should consistently list ARARs between text and the table and should identify Article 5 of Chapter 15 as an ARAR for OU-1. We have previously provided our most recent legal/technical presentation of our ARARs at the 22 to 23 July 1992 Project Manager's Meeting. At this meeting, we also identified a new ARAR: State Board Resolution 92-49, Policies and Procedures for Investigation and Cleanup and Abatement of Discharges Under Water Code Section 13304.