DSHW-2024-005350

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Chevron USA Inc.
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Salt Lake City Refinery
Salt Lake City, Utah
CORRECTIVE ACTION ORDER
Issued By The Executive Secretary of
Utah Solid & Hazardous Waste Committee
March 1991
Before the Utah Solid and Hazardous Waste Committee
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In the Matter of Stipulation and
Chevron USA Consent Order
Salt Lake City Refinery No. 91010011
UTD092029768
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This Consent Order is issued by the Utah Solid and Hazardous Waste
Committee ( "the Committee") _ pursuant to the Utah Solid and
Ha zardous Waste Act (the Act), §26-14-1, et. seq., Utah Code
Annotated 1953, as amended. This Order will upon issuance
supersede the Order issued by the Utah Solid and Ha zardous Wastes
Committee on May 23, 1984.
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1.
FINDINGS OF FACT
Chevron Corrective
Action Order
March 21, 1991
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Chevron U.S.A. Inc. ("Chevron") is a corporation authorized to
conduct business is Utah.
2. Chevron owns and operates a petroleum refinery in Davis
County, Utah.
3. The refinery processes at the Chevron facility have
historically involved the generation, treatment, storage
and/or disposal of D002, D007, D008, K048, K049, KOSO, K051,
and K052 as defined in the Act and the Utah Administrative
Code, R450 of the Solid and Hazardous Waste Rules ( "the
Code") . Therefore, Chevron is subject to the applicable
provisions of the Code.
4 . On November 12, 1980, Chevron submitted timely notification
and a permit application (Part A) for ha z ardous waste
activities as required by Section 3010 of the Resource
Conservation and Recovery Act ("RCRA") 42 u.s.c. §6930 and
§26-14-8 of the Utah Solid and Hazardous Waste Act, thereby
qualifying for ''interim status" as a hazardous waste
management facility.
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Chevron Corrective
Action Order
March 21, 1991
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A Compliance Order on Consent between Chevron and the State of
Utah, No. 8403083, was signed on May 23, 1984. The Order
called for 1) closure of tanks 40050, 934, and 1512, 2) a
groundwater quality assessment program, 3) a waste site
characterization program, 4) development of conceptual closure
plans, and 5) establishment of a groundwater protection
standard.
Under the foregoing procedures, Chevron was required to do the
following:
A. In terms of the groundwater quality assessment program,
conduct a comprehensive investigation of the groundwater
at the refinery which would help in establishing a
groundwater protection standard;
B. Define in the waste site characterization program the
nature and extent of sixteen (16) identified waste
management units for a basis in determining appropriate
closure measures for the units; and
C. Propose in the conceptual closure plan the priority for
closure assigned, schedule for submittal of closure plans
and statement of method and proposed procedures for
closure intended for the sixteen (16) waste management
units identified in the May 23, 1984 Order.
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Chevron corrective
Action order
March 21, 1991
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The May 23, 1984 Consent Order identified sixteen (16) waste
management units. These units were:
Reservoir-
Landfill
Oily-Dump
TEL Weathering Area--
Landfarm Storage Area
Landfarm -
Alky Channel
Spent Caustic Evaporation Site
Alky Site
Northeast Landfill
Leaded Tank Sludge Disposal Sites
Conveyance Ditches
Standing Water Site
API Separator Sludge Pit
Storm Surge Pond
Baffle Board Pond
Chevron completed closure of tanks 934 and 1512 under the
appropriate interim status closure standards as certified by
an independent registered engineer on January 4, 1985. Tank
40050 was closed under the appropriate interim status closure
standards as certified by an independent professional engineer
on June 12, 1984.
8. Chevron submitted on February 7, 1985, the Groundwater Quality
Assessment Report (GWQAR) and the Waste site Characterization
Report (WSCR) which presented findings and conclusions reached
by Chevron as part of the Groundwater Quality Assessment
Program and the Waste Site Characterization Program. The
GWQAR defined groundwater conditions at the refinery which
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Chevron Corrective
Action Order
March 21, 1991
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included: impacts of refinery waste management sites on the
groundwater, contaminant concentration and extent of
contamination in the groundwater at the refinery. The GWQAR
was to be used as a source of information in establishing a
groundwater protection standard. The GWQAR indicated, through
organic analyses, the presence of some refinery-related
compounds in the aquifer.
The purpose of the WSCR was to characterize the sixteen (16)
waste sites identified in the May 24, 1984 Order. This report
defined the site area, depth, and the general chemical nature
of the waste at the unit. This report consists of field
investigations, sample collection, laboratory chemical
analysis of waste samples and, when present, surface water
analysis. This data along with data from previous reports was
used for compilation of the WSCR.
On March 7, 1985 Chevron submitted an Alternate Concentration
Limit (ACL) Petition to the Executive Secretary of the Utah
Solid and Hazardous Waste Committee (Executive Secretary) for
establishment of a groundwater protection standard. The
Executive Secretary indicated in a letter dated October 7,
1985 to Chevron that the ACL Petition could not be approved
based on the proposed closure plans. The Executive Secretary
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Action Order
March 21, 1991
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still maintains that the ACL Petition does not meet current
requirements of the Code. To this date the Executive
Secretary has not established a groundwater protection
standard for the Chevron Refinery or made a final decision on
the ACL Petition.
9. On November 7, 1985, Chevron submitted closure plans for the
API Separator Sludge Pit, the TEL Weathering site, and the
Hazardous Waste Landfill. On November 8, 1985 all interim
status facilities were required to furnish, to the U. s.
Environmental Protection Agency (EPA} and/or authorized States
evidence of compliance with the interim status requirements
for financial assurance and groundwater monitoring or submit
closure plans for those uni ts on the facility under RCRA
interim status. Although, Chevron opted to submit closure
plans as described above to fulfill this requirement, it als o
satisfied the financial assurance and monitoring requirements .
The Executive Secretary to this date has not reviewed the
plans submitted on November 8, 1985, to assess whether they
meet the required closure standards . Closure plans required
under this STIPULATION and Consent Order will act as the
revised closure plans of November 7, 1985.
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10.
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March 21, 1991
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Chevron operated a Reservoir from 1949 to 1982 for the storage
of intermediate heavy oils from the Crude and Coker units for
use as feedstocks in its catalytic crackers. In 1983 Chevron
recovered approximately 300,000 barrels of oil and water from
the Reservoir. From 1964 to 1982 the Reservoir was used for
additional surge capacity for the waste water treatment
systein. The Executive Secretary has determined that operating
as such, the Reservoir stored Primary oil/solids/water
separation sludge, a listed hazardous waste (K051) as defined
in the Code.
regulated unit.
The Reservoir, therefore, is a State RCRA-
11. The waste inventory of the Reservoir is estimated to be
approximately 600,000 cubic feet of oily sludge in the bottom
of the Reservoir.
12. Chevron operated a Landfill area which consists of four
separate waste management units: 1) the Solid Waste Landfill,
2) the Hazardous Waste Landfill, 3) the Old Barrel Storage
Area, and 4) the Standing Water/Surface Impoundment Area South
of the Hazardous Waste Landfill.
approximately 266,500 square feet.
The landfill area covers
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Chevron Corrective
Action Order
March 21, 1991
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The Solid Waste Landfill was operated from the 1960s until
1988.
The Hazardous Waste Landfill was operated from November 1980
to May 1982. The Hazardous Waste Landfill is a Federal RCRA
regulated unit due to disposal of cooling tower chemical,
which is a characteristic waste because of elevated levels of
chromium (D007).
The Standing Water/ Surface Impoundment collected drainage
runoff from the area.
The Old Barrel Storage area operated from 1980 to 1984. The
area consists of a dirt pad which was used for temporary
storage (less than 90 days) of containers of hazardous waste.
13. Chevron operated an Oily Dump from 1953 to 1980. The Oily
Dump was used as a disposal area for sludge from a sulfuric
acid gas-oil treating plant from 1953 to 1960 and as a general
refinery dumpsite from 1960 to 1980. Chevron estimates the
volume of wastes in the Oily Dump at 600,000 cubic feet.
Chevron corrective
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March 21, 1991
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14. Chevron operated a Tetraethyl Lead (TEL) Weathering Area from
the 1970s to 1982. The TEL Weathering Area is a Federal RCRA
regulated unit. It was used to treat leaded tank bottoms
(K052), a listed hazardous waste as defined by the Code.
15. Chevron operated a Landfarm Storage Area from November 1980 to
May 1982. The site was used for the storage of K048, K049,
KOSO, KOSl, K052 generated during winter months when direct
application the Landfarrn was not possible . The hazardous
waste material placed in the Landfarm Storage Area was
reportedly removed to an off-site disposal facility in 1982 .
16. Chevron operated a Landfarm from 1979 to May 1982 for
disposition of oi ly wastes by landfarming. Chevron continues
to till and fertilize the Landfarm during the warm weather to
promote the biodegradation of the remaining hydrocarbons.
17 . Chevron operated the Alky Channel from the 1960s to 1984.
More than one use of the Alky Channel has been asserted .
Chevron states that the channel was used to convey neutralized
effluent from the Alkylation Plant to the Baffle Board Pond.
It has also been indicated that it ma y have been used to
convey final treated effluent in connect ion to the waste wa t er
treatment system.
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March 21, 1991
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18. Chevron operated a Spent Caustic Evaporation Site from the
1970s to mid 1980 as an unlined surface impoundment for
disposal of spent caustic (NaOH) solutions.
19. Chevron operated an Alky Site from the 1950s to mid 1980 as an
impoundment which held neutralized waste water for the
Alkylation Plant. The estimated volume of sludge and debris
at the site is 261,900 cubic feet. A maintenance building and
paved parking lot now exist over the debris area and the
surface impoundment remains unremediated.
20. Chevron operated the Northeast Landfill from the 1960s until
1980. The Northeast Landfill was used to dispose of spent FCC
and HCC catalyst with some trash, bricks and asphalt. Chevron
states that the Northeast Landfill is a non-hazardous waste
disposal site already covered with stable material that
requires no further closure actions.
21. Leaded Tank Disposal Sites were located at the refinery and
located in a product storage tank field. The Leaded Tank
Disposal sites were operated from 1950 to 1975. Chevron
disposed of leaded tank sludge (K052) in the vicinity of six
of these tanks. The sludge was scraped from the tanks, spread
on the ground in depressions near the tanks, allowed to
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Action Order
March 21, 1991
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weather, covered with soil and large cobbles, and later
excavated and disposed of offsite at a hazardous waste
disposal facility.
22. Chevron operated Conveyance Ditches which drained the facility
tank fields. The ditches were constructed in 1948 and
operated until 1983. Chevron excavated 240 -600 tons of
sludge and oil from the Refinery Conveyance Ditches when the
ditches were replaced with an enclosed piping system in 1983.
The waste was disposed of at a permitted offsite hazardous
waste facility.
23. A standing Water Site has existed from the 1950s to the
present. Chevron states that the site drained to the facility
waste water treatment system.
24. Chevron operated an API Separator Sludge pit from 1948 to
1984. The Executive Secretary has determined that the API
Separator Sludge Pit stored primary oil/solids/water
separation sludge, a RCRA listed waste (K051) . Therefore, the
API separator sludge pit is a Federal RCRA-regulated unit.
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Chevron Corrective
Action Order
March 21, 1991
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Approximately 245 cubic yards of material were removed from
the API separator sludge Pit in 1984, when it was taken out of
service, and disposed of at a permitted hazardous waste
facility.
25. Chevron operated a Storm Surge Pond from the 1970s to the
present. Chevron states that the Storm Surge Pond has rarely
been used since the addition of a second API Separator in
1983. The Storm Surge Pond is used for temporary storage of
excess water from the waste water treatment system. The
Executive Secretary has determined that the Storm Surge Pond
stored Primary oil/solids/water separation sludge a listed
hazardous waste (K051) as defined by the Code.
Pond, therefore, is a State RCRA-regulated unit.
The Surge
26. Chevron has operated a Baffle Board Pond as part of the waste
water treatment system from the 1950s to the present. The
Executive Secretary has determined that the Baffle Board Pond
stores primary oil/solids/water separation sludge, a listed
hazardous waste (K051) as defined by the Code. The Baffle
Board Pond, therefore, is a State RCRA-regulated unit .
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Chevron Corrective
Action Order
March 21, 1991
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27. Chevron submitted conceptual closure plans on May 6, 1985
addressing general closure plans for the sixteen (16) waste
management units identified in the May 24, 1984 Order. These
conceptual plans were based on data generated and conclusions
reached by Chevron in the February 7, 1985 GWQAR and WSCR .
The Bureau of Solid and Hazardous Waste (BSHW) reviewed the
conceptual closure plans along with the ACL Petition. On
November 21, 1986 a letter to Chevron from the Executive
Secretary indicated that the conceptual closure plans were not
adequate. In that letter the Executive Secretary proposed
removal levels to which cleanup must occur for consideration
of the ACL Petition.
28. A RCRA Facility Assessment (RFA) was conducted, by Jacobs
Engineering Group Inc., under direction of EPA, on the Chevron
Refinery and a completed report was submitted on April 18,
1989 to EPA Region VIII and the BSHW.
The RFA identified 47 Solid Waste Management Units (SWMUs).
These SWMUs are:
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CHEVRON RFA SWMU LIST
1 Reservoir
~ Landfill Area
Solid Waste Landfill
Hazardous Waste Landfill
Old Barrel Storage Area
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Action Order
March 21, 1991
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Standing/Water Surface Impoundment Area South o f
Hazardous Waste Landfill
J Oily Dump
4-->rEL Weathering Area
..-Landfarm Storage Area
'-r.andfarm
S Alky Channel
~ · Spent Caustic Evaporation Site
l Alky Site
~ · Nor-theast Landfill
, · Leaded Tank Sludge Disposal Sites
,~. Conveyance Ditches
'' • Sta;iding Water Site
,~. API ,Separator Sludge Pit
1 3 • Stoi;-m Surge Pond
,., • Baff,le Board Pond
\~• Wastewater Treatment System
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API Separator
IAF (Includes de-watering tank and mobil bin)
Stormwater Segregation Sump
No . 1 Pond
Bio-Discs
No. 2 Pond
No. 3 Pond
No. 4 Pond
sand Filter Backwash Pond
No. 5 Pond
Hf ~cid Neutralization Tank
Spent Caustic Tanks
Lime ,Settling Basin
Coke Fines De-watering Impoundment and Waste Pile Area
Hazardous Waste Interim storage Pad
Shale Oil Semi-Works Storm Water Retention Pond
Shale Oil Semi-Works Spent Shale Pile
No .~ outfall System
Experimental Farm
Bonneville Canal
Baffle Board Pond Conveyance Ditch
Abandoned Lime Settling Basin
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Chevron Corrective
Action Order
March 21, 1991
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Lime ~ettling Basin De-Watering Impoundment
Fire·Training Area Surface Impoundment
Railcar Loading Area
Bio Disk Sump
SLC Drain
Pipeways and Manifold Pads
29. The SLC Drain and the Pipeways and Manifold Pads will require
no further action as part of this Order.
30. Chevron conducted a hydrogeologic reconnaissance of the North
Tank Farm in June of 1990. This report indicated that
e levated levels of Benzene, Toluene and Xylene and Total
Petroleum Hydrocarbons were present in the groundwater . Upon
review of the report the North Tank Farm is being listed as a
Solid Waste Management Unit.
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STIPULATIONS
Chevron Corrective
Action order
March 21 , 1991
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The parties hereto, without any adjudication of any issue of fact
or law, hereby stipulate and agree as follows :
A. For purposes of closure of RCRA regulated units at the
Chevron Facility, the Federal RCRA regulated units are
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the hazardous waste landfill, TEL weathering area, and
the API J eparator sludge pit . The state RCRA regulated
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units are the Res·ervoir, Storm surge Pond, and the Baffle
Board Pond. The Committee has jurisdiction over closure
of RCRA units and over the subject matter of thi s
Stipulation and Consent Order.
B. The parties now wish to set forth a procedure for
corrective action of the following SWMUs at Chevron's
Salt Lake facility in accordance with the terms and
conditions set forth in this Stipulation and Con sent
Order:
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2)
Landfill Area
Solid Waste Landfill
Old Barrel Storage Area
Standing/Water Surface Impoundment Area South
of Hazardous Waste Landfill
Oily Dump
Alky Channel
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Action Order
March 21, 1991
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Spent Caustic Evaporation Site --
AH~y Site,
Northeast Landfil r
Leaded Tank Sludge Disposal Sites
C9nveyance Ditches
Standing Water site
Wastewater Treatment System
API Separator
IAF (Includes de-watering tank and mobi l bin)
Stormwater Segregation Sump
No. 1 Pond
Bio-Discs
No. 2 Pond
No. 3 Pond
No. 4 Pond
Sand Filter Backwash Pond
No. 5 Pond
Hf Acid Neutralization Tank
Spent Caustic Tanks
Lime Settling Basin
Coke Fines De-watering Impoundment and Waste Pile
Area
Hazardous Waste Interim Storage Pad
Shale Oil Semi-Works Storm Water Retention Pond
Shale Oil Semi-Works Spent Shale Pile
No. 2 outfall System
Experimental Farm
Bonneville Canal
Baffle Board Pond Conveyance Ditch
Abandoned Lime Settling Basin
Lime Settling Basin De-Watering Impoundment
Fire Training Area Surface Impoundment
Railcar Loading Area
Bio Disk Sump
North Tank Farm
C. Chevron agrees to comply with the terms and conditions of
this Stipulation and Consent Order, together with Tables
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Chevron Corrective
Action Order
March 21, 1991
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Based on the foregoing Findings the Cammi ttee hereby Orders as
follows:
Order
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Closure of Federal RCRA units: Hazardous Waste
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Landfill, TEL Weathering Area, API Separator
Sludge Pit. Closure of state RCRA Units:
A s G
Reservoir, storm surge Pond, and Baffle Board
Pond.
31. Within 180 calendar days after the effective date of this
Consent Order, Chevron shall submit to the Executive secretary
of the Utah ·Solid and Hazardous Wastes Committee for approval,
revised closure plans for the Hazardous Waste Landfill, TEL
Weathering Area, API Separator Sludge Pit, Reservoir, Storm
Surge Pond, and Baffle Board Pond.
32. Within 180 calendar days after receipt of the revised closure
plans, the Executive Secretary shall review the revised p l ans
for compliance with the closure performance standards of
R450-7-14, 7-18.6 and 7-21.4 of the Code. The Executive
Secretary shall approve or disapprove each revised closure
plan. If the Executive Secretary determines that Chevron's
Chevron corrective
Action Order
March 21, l99l
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revised closure plans do not meet the closure performance
standards of R450-7 -14 , 7-18 .6 and 7-21.4 of the Code,
Chevron shall respond to and provide a correction t o any
deficiencies, identified in writing by the Executive
Secretary, within 90 calendar days of receipt of the written
notice . If Chevron 's corrections to the revised closure
plan (s) are no t approved by the Ex ecutive Secretary, the
Executive Secretary will modify the closure plans in
accord ance with the procedures in R4 50 -7-14, 7 -1 8 .6, and 7 -
21 .4 of the Code. If the Execut ive Secretary modi fies the
plan, the mod ified plan shall be the approved closure plan.
At any time, the parties may i n voke the procedures set forth
in paragraph 70 , Resolution of Disputes.
3. Within 180 calendar days after the effective date on this
Consent Orde r Chevron shall submit revised closure plans for
the Land~arm and t h La n_dfarm Storage Area , The closure of
these two units shall follow t he procedures for inter im
corrective measures outlined in paragraph 60. The closure
plan shall be revi ewed and appr oved of by the Executive
Sec r etary based on the r equiremen ts covering closure in R450-
7 -14 and 7 -20 .
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Chevron Corrective
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March 21, 1991
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RCRA Facility Investigation
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34. Chevron shall conduct a RCRA Facility Investigation (RFI) to:
A. Determine the nature and extent of known and suspected
releases of hazardous wastes and/or hazardous waste
constituents from each Solid Waste Management Unit ( SWMU)
to the extent that it has not already been completed; and
B. To gather data to support the Corrective Action
Plan. Chevron shall conduct the RCRA Facility
Investigation in accordance with the approved
workplan.
35. Chevron shall deve lop a RFI workplan which shall be reviewed
and approved by the Executive Secretary based on the RCRA
Corrective Action Plan, EPA Directive Number 9902.3. Chevron
shall then perform the RCRA Facility Investigation activities
as specified in the approved work plan.
36. As part of the RCRA Facility Investigation (RFI) Workplan,
Chevron shall within 180 calendar days of issuance of this
Order, submit to the Executive Secretary, a Current Conditions
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March 21, 1991
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Report (designated as Task I) which includes the following
specific information:
A. Background information gathered during previous
investigations or inspections and other relevant data;
B. Nature, Extent, and Rate of Migration of Contamination;
and
C. Past/Current Activities which are being undertaken at the
facility.
37. Chevron shall prepare a RFI workplan, designated as Task II,
which shall include the development of several concurrently-
prepared plans. The RFI workplan shall include the following:
A. Project Management Plan detailing a discussion of the
technical approach to the investigation, schedules,
milestone reports and personnel;
B. Data Collection Quality Assurance Plan to establish and
document all monitoring procedures;
C. Data Management Plan to track investigation data and
results;
D. Health and Safety Plan for safe conduct of corrective
action activities;
E. Community Relations Plan for public dissemination of
information.
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Chevron Corrective
Action Order
March 21, 1991
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Upon receipt of approval in writing by the Executive
Secretary, Chevron shall implement the approved RFI Workplan.
38. Chevron shall conduct a RCRA Facility Investigation,
designated as Task III. This investigation shall be conducted
in accordance with Task II (the RFI workplan) and shall
produce data of adequate technical quality to support the
development and evaluation of the corrective measure
alternative(s) presented in the Corrective Action Plan (CAP).
TASK III shall consist of:
A.
B.
C.
Characterization of the environmental setting at the
Chevron Refinery, including the hydrogeology, soils,
surface water, sediment, and air;
Source Characterization of all waste management units at
the Chevron Refinery Facility, including the nature of
the unit and the type of waste placed in the unit as
described by chemical and physical characteristics;
Contamination characterization, including analysis of
hazardous waste and/or hazardous waste constituents from
waste management units and the effects of such hazardous
waste and/ or hazardous waste constituents on groundwater,
soils, surface water, sediment, air and subsurface gases;
and
D.
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Action Order
March 21, 1991
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Potential Receptor identification describing potential
for human and/or environmental impact from contaminant
exposure from the facility.
39. Chevron shall also prepare an analysis and summary of all
facility investigations including its results. This task,
Investigation Analysis, shall be designated as Task IV . The
objective of this task shall be to ensure that the
investigation data are sufficient in quality and quantity to
describe the nature and extent of contamination, potential
threat to human health and/or the environment, and to produce
the CAP . The following information is required for Task IV:
A.
B.
Data Analysis
Protection Standards
40. Chevron shall submit a Schedule of Activities and Reports, to
the Executive Secretary as required by Table 1.
41. Chevron may incorporate and include by reference existing data
and information in any RFI Task which meet quality
assurance/quality control requirements, including data from
reports previously submitted to the Executive Secretary.
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Action Order
March 21, 1991
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Notification Requirements for and Assessment of Previously
Unidentified Solid Waste Management Units
42. Chevron shall notify the Executive Secretary in writing of any
previously unidentified SWMU(s) not identified by this Order.
Chevron shall submit written notification within thirty (30)
calendar days of identifying the SWMU(s). The notification
shall include the location of the new SWMU(s) and information
for all identified wastes at the unit.
43. Within one hundred fifty (150) calendar days following
identification of the SWMU(s), Chevron shall submit a SWMU
Assessment Plan to the Executive Secretary.
Assessment Plan shall include the following:
The SWMU
A. Information concerning past and present operations at the
unit(s); and
B. Any groundwater, surface water, soil (surface or
subsurface strata), or air sampling and analysis data
needed to determine whether a release of hazardous waste
and/or hazardous waste constituents from such unit(s) is
likely to occur. The SWMU Assessment Plan shall
demonstrate that the sampling and analysis program, if
applicable, is capable of yielding representative samples
and must include parameters sufficient to identify
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March 21, 1991
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migration of hazardous waste and/or hazardous waste
constituents from the newly discovered SWMUs to the
environment.
44. Chevron shall receive written approval from the Executive
Secretary for the SWMU Assessment Plan; or
45. Chevron shall receive written notice from the Executive
Secretary of the SWMU Assessment Plan's deficiencies and the
written notice will specify a due date for submittal of a
revised assessment plan; or
46. Chevron shall receive written notice, from the Executive
Secretary of the revisions incorporated, by the Executive
Secretary, in the SWMU Assessment Plan. The revised
assessment plan shall become the approved SWMU Assessment
Plan.
47. The SWMU Assessment Plan, as approved by the Executive
Secretary, as specified in this Order shall be appended to the
approved RFI Workplan . Chevron shall be notified by the
Executive Secretary of the approval to incorporate the
approved SWMU Assessment Plan.
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Action Order
March 21, 1991
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48. Chevron shall implement the approved SWMU Assessment Plan
within thirty (30) calendar days of receiving written notice
of the approved SWMU Assessment Plan.
49. The SWMU Assessment Plan shall contain a schedule, including
the submission date for a SWMU Assessment Report.
50 . The SWMU Assessment Report shall describe all results obtained
from the implementation of the approved SWMU Assessment Plan.
At a minimum, the Report shall provide the following
information for each previously unidentified SWMU:
A. The SWMU location, identified on a map;
B. The type and function of the unit, including general
dimensions and a structural description;
C. The period during which the unit was operated; and
D. All wastes that were or are being managed at the SWMU.
including results of any sampling and analysis used to
determine whether releases of hazardous wastes and/or
hazardous waste constituents have occurred, are
occurring, or are likely to occur from the unit.
5 1 . Based on the results of SWMU Assessment Report, the Executive
Secretary shall determine the need for further investigations
at specific unit(s) included in the SWMU Assessment. If th e
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Action Order
March 21, 1991
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Executive Secretary determines that such investigations are
needed, the Executive Secretary may require Chevron to prepare
a plan for such investigations. This plan shall be reviewed
for approval as an appendix to the approved RFI Workplan.
52. Chevron shall notify the Executive Secretary of any release(s)
of hazardous waste and/or hazardous waste constituents
discovered during the course of groundwater monitoring, field
investigation, environmental auditing, or other activities
undertaken during the RFI. The written notification shall be
received by the Executive Secretary no later than fifteen (15)
calendar days after discovery. Such releases may be from
already documented or previously unidentified units. The
Executive Secretary may require further investigation of the
new releases. A plan for such investigation will be reviewed
for approval as an appendix to the approved RFI Workplan.
DETERMINATION OF NO FURTHER ACTION
53. Based on the results of the RFI and other relevant
information, Chevron may submit a petition to the Executive
Secretary to terminate the Corrective Action Schedule of
Compliance for all sites, or individual sites. The
petition (s) shall contain information demonstrating that there
Chevron corrective
Action order
March 21, 1991
Page -28 -
are no releases of hazardous waste, including hazardous waste
constituents, from SWMUs at the facility that pose a threat to
human health or the environment. If, based upon review of the
petition, the results of the RFI, and other information, the
Executive Secretary determines that releases or suspected
releases which were investigated are non-existent or do not
pose a threat to human health or the environment, the
Executive Secretary may grant the requested petition.
54. A determination of no further action shall not preclude the
Executive Secretary from requiring continued and periodic
monitoring of air, soil, groundwater, or surface water, when
site-specific circumstances indicate that releases of
hazardous wastes, including hazardous waste constituents, are
likely to occur, if necessary to protect human health and the
environment.
55. A determination of no further action shall not preclude the
Executive Secretary from requiring further investigations,
studies, or remediation at a later date, if new information or
subsequent analysis indicates a release or likelihood of a
release from a SWMU at the facility that is likely to pose a
threat to human health or the environment. In such a case,
the Executive Secretary may initiate a change in the Order to
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Chevron Corrective
Action Order
March 21, 1991
Page -29 -
the Corrective Action Compliance Schedule or rescind any
previous decision he has made with respect to Chevron's
petition to terminate the corrective action schedule of
Compliance.
Corrective Action Plan
56. Chevron shall submit to the Executive Secretary within 180
calendar days of approval of the final RFI Report, a
Corrective Action Plan (CAP) for all units that have been
identified to have had a release of hazardous waste or
hazardous waste constituents. The CAP shall include:
A. Target cleanup objectives;
B. Corrective action(s) which shall satisfy target cleanup
objectives;
c . summary of all corrective measure alternatives examined
for the CAP, including justification for selecting or not
selecting the corrective action; and
D. Schedule for implementation of the corrective action(s)
according to the time frame and schedule of this ord e r.
57. The purpose of the CAP is to develop and evaluate corrective -action alternatives(s) and to outline one or more alternative
corrective action(s) which will satisfy the target clean up
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Chevron Corrective
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March 21, 1991
Page -30 -
objectives. The Executive Secretary shall review the CAP and
approve, modify and approve, or disapprove and provide
comments to Chevron as to the corrections or modifications
needed for the CAP. Within sixty (60) calendar days of
receipt of comments, Chevron shall modify the CAP or submit a
new CAP for the Executive Secretary's approval. The Exe cu ti ve
Secretary shall consider performance, reliability,
implementability, safety, human health and environmental
impact of the measure ( s) in approving one or more of the
corrective action(s).
58. Upon approval of the CAP, Chevron shall implement the
corrective action(s) according to the schedule as approved in
the CAP. The approved schedule for the CAP shall be
incorporated in Table 2, Corrective Action Compliance
Schedule. Chevron shall furnish or retain all personnel,
materials and services necessary for the implementation of
the corrective action(s).
59. Chevron shall submit the Schedule of Activities and Reports,
to the Executive Secretary as required by Table 2.
Chevron Corrective
Action Order
March 21, 1991
Page -31 -
Interim Corrective Measures
60. Chevron and/or the Executive Secretary may at any time during
the term of this Consent Order identify and propose to the
other party any interim corrective measures. "Interim
corrective measures" may include without limitation, measures
to prevent or abate a potential or immediate threat to human
heal th or the environment. If the parties agree on the
appropriateness of such measures, Chevron shall implement them
on an agreed schedule. Disagreement shall be subject to
dispute resolution under paragraph 67. The following factors
shall be considered, but will not be limited to:
A. Time required to develop and implement a final remedy;
B. Actual and potential exposure of human and environmental
receptors;
C. Actual and potential contamination of drinking water
supplies and sensitive ecosystems;
D. The potential for further degradation of the medium
absent interim measures;
E. Presence of hazardous waste in containers that may pose
a threat of release;
F. Presence and concentration of hazardous waste, including
hazardous waste constituents, in soils that have the
potential to migrate to groundwater or surface water;
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Chevron Corrective
Action Order
March 21, 1991
Page -32 -
Weather conditions that may affect the current levels of
contamination;
H. Risks of fire, explosion, or accident; and
I. Other situations that may pose threats to human health
and the environment.
Groundwater Monitoring /
61 . Chevron shall monitor on a semi-annual basis, monitoring wells
S -1, D-1, S-2, D-2, S-10, D-10, s -11, 0~11, S-24, S-35, and D-
35 for the parameters listed in Table 3 # Groundwater
monitoring shall be done in accordance with the procedures and
requirements of R450-7-13. Semi-annual sampling shall
continue until the current sampling is superseded by mutua l
agreement as a result of the RFI.
Quality Assurance/Quality Control
6 2. Effectiveness of the program contained in this Consent Order
i s specifically dependent on proper sampling, analytica l
methods, and techniques. Chevron shall submit in the RFI
workplan a schedule for identifying proposed sampling, quality
assurance, quality control, and chain of custody procedures t o
the Executive Secretary for comment and approval at least 6 0
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Chevron Corrective
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March 21, 1991
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calendar days prior to proceeding with field or laboratory
activities under this Order. Where Chevron has collected
and/or analyzed data pursuant to procedures not previously
approved by the Executive Secretary, the Executive Secretary
shall review such procedures and data for acceptability.
Split samples
63. Upon request by an authorized representative of the Executive
Secretary, Chevron shall allow the Executive Secretary (or his
representatives) to receive split samples of any samples
collected by Chevron pursuant to this Consent Order. Upon
request by an authorized representative of Chevron, the
Executive Secretary shall allow Chevron to receive split
samples of any samples collected by the Executive Secretary
pursuant to its oversight of this Consent Order.
CONFIDENTIAL INFORMATION
64. Any data or information provided under this Consent Order,
which is identified by Chevron as a proprietary process or
trade secret will be treated as confidential by the Committee
and the Executive Secretary to the extent and under the
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procedures set forth in Utah Code Annotated 26-14-9.5 (1953,
as amended) and applicable regulations.
RESERVATION OF RIGHTS AND PRIVILEGES
65. The parties expressly reserve any and all privileges,
including without limitation attorney work product and
attorney-client privileges, to which each is entitled by law.
Nothing in this Consent Order shall be construed as a waiver
by either party of any of these privileges.
EXCHANGE OF DATA
66. The Executive Secretary and Chevron's representatives will
cooperate in the reporting and exchange of data developed
pursuant to this Consent Order. Results of all sampling and
analyses, and other relevant data generated by the parties or
their agents or contractors, will be exchanged within the time
frame outlined in the approved workplan. If requested, the
raw data, field notes, and laboratory bench sheets and reports
generated will be provided.
RESOLUTION OF DISPUTES
Chevron Corrective
Action Order
March 21 , 1991
Page -35 -
6 7. This Consent Order expressly contemplates submission of
certain plans, proposals and reports by Chevron to the
Executive Secretary for his review and approval . Where
opportunity for review and approval is provided, Chevron shall
not proceed with the proposed activity unless and until
approvals have been received. If agreement by Chevron and the
Executive Secretary cannot be reached regarding any plan,
proposal or report under this Consent Order, Chevron or the
Executive Secretary may commence a declaratory order
proceeding under the Administrative Procedures Act and
applicable regulations of the Committee to resolve the
disputed plan, proposal or report. The Committee's decis ion
in any adjudicative proceeding shall constitute final agency
action and be subject to judicial review under applicable
state law. Chevron expressly reserves the right to contest
any f i nding of fact or conclusion of law contained in this
Consent Order in any enforcement proceeding, litigatio n , or
other administrative or judicial proceeding involving parties
other than Chevron and the Committee .
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SITE ACCESS AND ENFORCEMENT
68. All activities conducted by Chevron under this Consent Order
shall be subject to inspection and enforcement by the
Executive Secretary and the Committee in accordance with the
procedures in the Act and the Code. Chevron will provide
reasonable access to its facilities upon request from the
Executive Secretary for the purpose of monitoring, sampling
and observing activities carried out under this Consent Order.
FORCE MAJEURE
69 . Chevron's failure to meet or satisfy any requirements set out
in this Consent Order shall be excused for a reasonable time
to the extent the failure is caused by events beyond Chevron's
control, including without limitation acts of God, public
enemy, unforeseen strikes or work stoppages, fire, explosion,
flood, tornado, earthquake, lightning, riot, sabotage or war.
NOTICE OF ACTIVITIES
70. Chevron shall provide a minimum of fifteen (15) calendar days
notice to the Executive Secretary, through designated
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Action Order
March 21, 1991
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contact (s) , of any construction, sampling and/or drilling
activities to be conducted under this Consent Order.
LIABILITY
71. Neither the state nor any of its employees, nor any member of
the Committee shall be liable for any injuries or damages to
persons, property, or natural resources which result from acts
or omissions by Chevron or its agents or contractors in
carrying out activities pursuant to this Consent Order. The
Committee and its representatives shall comply with all rules
and regulations established by Chevron for the protection of
health, safety, and security while on its property or property
under its control. Some of the activities conducted pursuant
to this Consent Order may pose certain health and safety
risks. The health and safety of Chevron personnel and/or its
contractors shall be the responsibility of Chevron .
Laboratory and field work shall be conducted in accordanc e
with the health and safety plan outlined in the approved work
plans.
Chevron Corrective
Action order
March 21, 1991
Page -38 -
RELATION TO OTHER LAWS/PERMIT REQUIREMENTS
72. This Consent Order is not to be construed as a permit, nor
does it relieve Chevron of any liabilities or obligations,
including permitting requirements, it might otherwise have
under applicable state or federal statutes or regulations.
However, the State shall not impose requirements on Chevron
through this Consent Order that are inconsistent with any of
Chevron's obligations, including permitting requirements, it
might otherwise have under applicable state or federal
statutes or regulations.
RESERVATION OF RIGHTS
73. Neither the Executive Secretary nor any entity of the State
shall be deemed to have waived any rights which it may
otherwise exercise under applicable laws including, but not
limited to, such actions as the State may deem necessary to
prevent pollution of groundwater, protect the public health
and environment, protect and maintain its natural resources,
abate an imminent hazard or public nuisance, recover costs for
State expenditures, and/or recover damages for loss,
destruction or replacement of natural resources.
DURATION OF CONSENT ORDER
Chevron corrective
Action order
March 21, 1991
Page -39 -
74. This Consent Order shall terminate upon written notification
by the Executive Secretary to Chevron that compliance with all
terms and conditions of the Order has been achieved.
notification shall not be unreasonably withheld .
MODIFICATION
Such
7 5 . This Consent Order contains the entire agreement between the
parties hereto concerning the subject matters treated herein.
No agreements exist between the parties hereto concerning the
matters treated herein other than as set forth above. This
Consent Order may not be amended, supplemented, or modifi e d
except through a writing executed by all parties hereto and
approved by the Executive Secretary. This agreement shall b e
governed by and construed in accordance with the laws of the
State of Utah.
76. Modifications of the final compliance dates pursuant t o Table
1 and/or 2 of this Order shall be submitted to the Executive
Secretary for approval, in accordance with R450 -3-9 .
77 . Chevron shall -submit a request for modifications of the
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Action Order
March 21, 1991
Page -40 -
interim compliance dates that do not affect the final
compliance dates, to the Executive Secretary for approval. If
the Executive Secretary approves the interim compliance date
modifications, Tables 1 and/or 2 of this permit shall
incorporate the modified compliance dates as approved and such
change shall not be considered a permit modification under
R450-3-9.
PARTIES BOUND
78. This Consent Order shall be binding on the parties, their
respective successors and assigns all persons or entities
acting under, through or for them. Chevron consents to entry
of this Consent Order and agrees to be bound thereby.
REIMBURSEMENT FOR OVERSIGHT
79. Chevron shall reimburse the Executive Secretary for all
reasonable costs related to plan review including BSHW
contractor review for overseeing Chevron's compliance of this
Stipulated Consent Order. Chevron will be billed on a
quarterly basis for the costs of oversight. BSHW will
identify on its billing statement all activities for which
Chevron is billed, including, but not limited to, work
performed by BSHW staff, costs of public notice, and costs o f
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March 21 , 1991
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contractors performing work for BSHW pursuant to this Order.
At any time during the calendar days quarter following BSHW's
submission of a bill to Chevron, Chevron may review the bill
and all supporting documentation with the Executive Secretary .
Any dispute concerning billing shall be resolved in accordance
with Paragraph 67 of the Order, Resolution of Disputes.
Within 30 calendar days of such billing, Chevron shall remit
a check for the full amount of such costs. Payment should be
mailed to Dennis R. Downs, Executive Secretary, Utah Solid and
Hazardous Wastes Committee, P.O. Box 16690, Salt Lake City,
Utah and checks should be made payable to "Utah Department of
Health".
80. The Executive Secretary may employ an independent contractor
to review any plan or proposal submitted by Chevron in
accordance with this Order. Chevron may request that the
Executive Secretary have the proposal or plan reviewed by a n
environmental contractor under contract with BSHW. Any work
performed by such contractor shall be at Chevron's expense ,
and Chevron will be billed for it pursuant to Paragraph 79 of
the Order.
DATED this ..j-------
Date:
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Date: ~ ~1/ff(
L.
APPROVED AND ENTERED this
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March 21, 1991
Page -42 -
day of ....;...A_(?._r_; / ___ _ 1991
CHEVRON USA INC.
~~-
By Lance A. Gyorfi
Manager,
Chevron Salt Lake Refinery
THE UTAH SOLID AND HAZARDOUS
WASTES COMMITTEE
By Dennis R. Downs
Executive Secretary
Utah Solid and Hazardous
Wastes Committee
State of Utah
Department of Health
P.O. Box 16690
Salt Lake City, Utah
84116-0690
~-day of ~
i
1.
2.
3 •
4 •
5 .
6.
Chevron Corrective
Action Order
March 21, 1991
Table 1
TABLE 1
RCRA Facility Investigation Compliance Schedule
Chevron shall perform the activities as outlined below:
Activity
Submit Task I -Current
conditions report
Submit Draft Task II -
RFI workplan and Task III
schedule
Begin Task II -RFI
workplan and Task III -
Facility Investigation
Submit Task IV -
Investigation Analysis
Progress Reports on Task
I through IV
Submit Tasks II and III
Final and Summary reports
Due Date
Within 180 days of the
effective date of this Order.
Within ninety (90) days from
submission of Task I RCRA
Facility Investigation report.
Within sixty (60) days of
Executive Secretary's approved
Task II and III workplan and
schedule.
As indicated in the Executive
Secretary's approved Task II
and III workplan and schedule.
Quarterly, ninety (90)
calendar days after the
effective date of this Order
(then every ninety (90)
calendar days after the RFI
implementation].
As indicated in the Executive
Secretary's approved Tasks I I
and III workplan and schedule.
TABLE 2
Chevron Corrective
Action Order
March 21, 1991
Table 2
Corrective Action Compliance Schedule
Chevron shall prepare reports for the Corrective Action Plan as
described below presenting the results of the CAP .
1.
2 •
3 •
4.
5.
6.
7 .
8 .
Facility Submission
Draft Corrective Action
Plan ( CAP) .
Final CAP .
CAP Construction and
Implementation reports.
Draft CQA (Construction
Quality Assurance)
program plan.
Final CQA (Construction
Quality Assurance)
program plan.
Construction of
corrective measures.
Corrective measure
construction report.
Progress Reports.
Due Date
Within 180 days of the
Executive Secretary's approval
of the RFI Report.
Within sixty (60) days of
receiving the Executive
Secretary's comments.
As specified in CAP as
approved of by the Executive
Secretary.
Prior to construction.
Within sixty (60) days of the
Executive Secretary's approva l
of draft CQA plan.
As approved in final CAP.
Ninety (90) days following
completion of construction.
Quarterly, ninety (90)
calendar days after the
effective date of the Order
[then every ninety (90)
calendar days afte r the CAP
implementation).
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Table 3
Chevron Corrective
Action Order
March 21, 1991
Table 3
GROUNDWATER MONITORING PARAMETERS
General
Calcium
Magnesium
Potassium
Sodium
Sulfate
Chloride
Alkalinity
Nitrate+ Nitrite as N
Fluoride
Sulfide
pH
Specific Conductance
Total Dissolved Solids
Oil and Grease
Metals
Antimony
Arsenic
Barium
Beryllium
Cadmium
Chromium
Cobalt
Lead
Mercury
Nickel
Selenium
Vanadium
Volatile Organics
Benzene
Carbon disulfide
✓chlorobenzene
✓Chloroform
1,2-Dibromoethane
✓1,2-Dichloroethane
1,4-Dioxane
Methyl ethyl ketone
Volatile Organics (Cont.)
styrene
Ethyl benzene
Toluene
Xylenes1
Base/Neutral Organics
Anthracene
Benz(a)anthracene
Benzo(b)fluoranthene
Benzo(k)fluoranthene
Benzo(a)pryene
Bis(2-ethylhexyl)phthalate
Butyl benzyl phthalate
Chrysene
Dibenz(a,h)acridine
Dibenz(a,h)anthracene
Di-n-butyl phthalate
Dichlorobenzenes1
Diethyl phthalate
Di-n-octyl phthalate
fluoranthene
Indene
Methyl chrysene
1-Methylnaphthalene
Naphthalene
Phenanthrene
Pyrene
Pyridine
Quinoline
Acid Organics
Benzenethiol
cresols1
2,4-dimethylphenol
2,4-Dinitrophenol
4-Nitrophenol
Phenol
1) Reported as ortho-, meta-, and para-isomers