Current through Register Vol. 47, No. 17, September 10, 2024
(a) To implement remedies under §
100.26, 264.101, § 265.5 or section
25-15-308, C.R.S., or to implement
remedies at a permitted facility that is not subject to § 264.101 of these
regulations, the Department may designate an area at the facility as a
corrective action management unit under the requirements in this section. As
defined in § 260.10 of these regulations, a corrective action management
unit (CAMU) means an area within a facility that is used only for managing
CAMU-eligible wastes for implementing corrective action or cleanup at the
facility. A CAMU must be located within the contiguous property under the
control of the owner/operator where the wastes to be managed in the CAMU
originated. One or more CAMUs may be designated at a facility.
(1) Placement of remediation wastes into or
within a CAMU does not constitute land disposal of hazardous wastes.
(2) For the purposes of the application of
the minimum technology requirements of
40 CFR §
268.5(h)(2), or of the
minimum technology requirements of Subparts K, L, M, or N, or the groundwater
protection requirements of Subpart F or the closure and post-closure
requirements of Subpart G of Part 264 or 265 of these regulations,
consolidation or placement of remediation wastes into or within a CAMU does not
constitute creation of a regulated unit.
(3) Where the remediation wastes placed into
a CAMU are hazardous waste, the CAMU shall comply with Subparts B, C, D and E
of Part 264 or 265 of these regulations and, when such remediation wastes will
remain in place after closure of the CAMU, the CAMU shall comply with the
regulations for the siting of hazardous waste disposal sites,
6 CCR
1007-2, Part 2.
(b)
(1) The
Department may designate a regulated unit (as defined in § 264.90(a)(2))
as a CAMU, or may incorporate a regulated unit into a CAMU, if:
(i) The regulated unit is closed or closing,
meaning it has begun the closure process under § 264.113 or §
265.113; and
(ii) Inclusion of the
regulated unit will enhance implementation of effective, protective and
reliable remedial actions for the facility.
(2) The subpart F and G requirements and the
unit specific requirements of part 264 or 265 and the financial assurance
requirements of Part 266 that applied to that regulated unit will continue to
apply to that portion of the CAMU after incorporation into the
CAMU.
(c) The Department
shall designate a CAMU in accordance with the following:
(1) The CAMU shall facilitate the
implementation of reliable, effective, protective, and cost effective
remedies;
(2) Waste management
activities associated with the CAMU shall not create unacceptable risks to
humans or to the environment resulting from exposure to hazardous wastes or
hazardous constituents;
(3) The
CAMU shall include uncontaminated areas of the facility, only if including such
areas for the purpose of managing remediation waste is more protective than
management of such wastes at contaminated areas of the facility;
(4) Areas within the CAMU, where remediation
wastes remain in place after closure of the CAMU, shall be managed and
contained so as to control, minimize, or eliminate future releases to the
extent necessary to protect human health and the environment;
(5) The CAMU shall expedite the timing of
remedial activity implementation, unless to do so would be inconsistent with
§ 264.552(c)(1) or (c)(2).
(6)
The CAMU shall enable the use, when appropriate, of treatment technologies
(including innovative technologies) to enhance the long term effectiveness of
remedial actions by reducing the toxicity, mobility, or volume of remediation
wastes that will remain in place after closure of the CAMU; and
(7) The CAMU shall minimize the land area of
the facility upon which remediation wastes will remain in place after closure
of the CAMU, unless to do so would be inconsistent with § 264.552(c)(1) or
(c)(2).
(d) The
owner/operator shall provide sufficient information to enable the Department to
designate a CAMU in accordance with the criteria in § 264.552.
(e) The Department shall specify, in the
permit or order, requirements for CAMUs to include the following:
(1) The areal configuration of the
CAMU.
(2) Requirements for
remediation waste management to include the specification of applicable design,
operation and closure requirements.
(3) Requirements for ground water monitoring
that are sufficient to:
(i) Continue to detect
and to characterize the nature, extent, concentration, direction, and movement
of existing releases of hazardous constituents in ground water from sources
located within the CAMU; and
(ii)
Detect and subsequently characterize releases of hazardous constituents to
ground water that may occur from areas of the CAMU in which remediation wastes
will remain in place after closure of the CAMU.
(4) Closure and post closure requirements.
(i) Closure of corrective action management
units shall:
(A) Minimize the need for
further maintenance; and
(B)
Control, minimize, or eliminate, to the extent necessary to protect human
health and the environment, for areas where remediation wastes remain in place,
post closure escape of hazardous waste, hazardous constituents, leachate,
contaminated runoff, or hazardous waste decomposition products to the ground,
to ground water, to surface waters, or to the atmosphere.
(ii) Requirements for closure of any CAMU
shall include the following, as appropriate and as deemed necessary by the
Department to protect human health and the environment:
(A) Requirements for excavation, removal,
treatment or containment of remediation wastes;
(B) For areas in which remediation wastes
will remain after closure of the CAMU, requirements for capping and potentially
lining of such areas; and
(C)
Requirements for removal and decontamination of equipment, devices, and
structures used in remediation waste management activities within the
CAMU.
(iii) In
establishing specific closure requirements for CAMUs under § 264.552(e),
the Department shall consider the following factors:
(A) CAMU characteristics;
(B) Volume of remediation wastes which remain
in place after closure;
(C)
Potential for releases from the CAMU;
(D) Physical and chemical characteristics of
the remediation waste;
(E)
Hydrogeological and other relevant environmental conditions at the facility
which may influence the migration of any potential or actual releases;
and
(F) Potential for exposure of
humans and environmental receptors if releases were to occur from the
CAMU.
(iv) Post closure
requirements as necessary to protect human health and the environment, shall
include, for areas where remediation wastes will remain in place, monitoring
and maintenance activities, and the frequency with which such activities shall
be performed to ensure the integrity of any cap, final cover, bottom liner(s)
or other containment system, and, in all instances, a notation to the deed to
the facility property that will in perpetuity notify any potential purchaser of
the property that the land has been used to manage remediation wastes which may
or may not contain hazardous wastes, unless an alternative deed notation is
approved by the Department.
(f) The Department shall document the
rationale for designating CAMUs and shall make such documentation available to
the public.
(g) Incorporation of a
CAMU into an existing permit must be approved by the Department according to
the procedures for Department initiated permit modifications under §
100.61 of these regulations, or according to the permit modification procedures
of § 100.63 of these regulations.
(h) Incorporation of a CAMU into a new permit
must be approved by the Department according to the permit review and issuance
procedures of § 100.5 of these regulations.
(i) Incorporation of a CAMU, where the
remediation wastes which will remain in place are hazardous wastes, into an
order issued pursuant to § 265.5 must be in accordance with the permits by
rule provisions of § 100.21(e) of these regulations.
(j) The designation of a CAMU does not change
the Department's existing authority to address clean up levels, media specific
points of compliance to be applied to remediation at a facility, or other
remedy selection decisions.
