Code of Colorado Regulations
1000 - Department of Public Health and Environment
1007 - Hazardous Materials and Waste Management Division
6 CCR 1007-3 - HAZARDOUS WASTE
Part 264 - HAZARDOUS WASTE - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES
Subpart S - Special Provisions for Cleanup
Section 6 CCR 1007-3-264.552 - Corrective Action Management Units (CAMUs)
Universal Citation: 1000 CO Code Regs 6 CCR 1007-3-264.552
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, the Director may designate an area at the facility as a corrective action management unit under the requirements in this section. Corrective action management unit 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 or operator where the wastes to be managed in the CAMU originated. One or more CAMUs may be designated at a facility.
(1) CAMU-eligible waste means:
(i) All solid and hazardous wastes, and all
media (including ground water, surface water, soils, and sediments) and debris,
that are managed for implementing cleanup. As-generated wastes (either
hazardous or non-hazardous) from ongoing industrial operations at a site are
not CAMU-eligible wastes.
(ii)
Wastes that would otherwise meet the description in paragraph (a)(1)(i) of this
section are not "CAMU-Eligible Wastes" where:
(A) The wastes are hazardous wastes found
during cleanup in intact or substantially intact containers, tanks, or other
non-land-based units found either above ground or below ground, unless the
wastes are both chemically and physically similar to the contaminated media
found surrounding or beneath the intact or substantially intact containers,
tanks, or other non-land-based units; or
(B) The Director exercises the discretion in
paragraph (a)(2) of this section to prohibit the wastes from management in a
CAMU.
(iii)
Notwithstanding paragraph (a)(1)(i) of this section, where appropriate,
as-generated non-hazardous waste may be placed in a CAMU where such waste is
being used to facilitate treatment or the performance of the CAMU.
(2) The Director may prohibit,
where appropriate, the placement of waste in a CAMU where the Director has or
receives information that such wastes have not been managed in compliance with
applicable land disposal treatment standards of Part 268 of these regulations,
or applicable unit design requirements of this part, or applicable unit design
requirements of Part 265 of these regulations, or that non-compliance with
other applicable requirements of these regulations likely contributed to the
release of the waste.
(3)
Prohibition against placing liquids in CAMUs.
(i) The placement of bulk or noncontainerized
liquid hazardous waste or free liquids contained in hazardous waste (whether or
not sorbents have been added) in any CAMU is prohibited except where placement
of such wastes facilitates the remedy selected for the waste.
(ii) The requirements in § 264.314(c)
for placement of containers holding free liquids in landfills apply to
placement in a CAMU except where placement facilitates the remedy selected for
the waste.
(iii) The placement of
any liquid which is not a hazardous waste in a CAMU is prohibited unless such
placement is being used to facilitate waste treatment or the performance of the
CAMU.
(iv) The absence or presence
of free liquids in either a containerized or a bulk waste must be determined in
accordance with § 264.314(d). Sorbents used to treat free liquids in CAMUs
must meet the requirements of § 264.314(e).
(4) Placement of CAMU-eligible wastes into or
within a CAMU does not constitute land disposal of hazardous wastes.
(5) 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 CAMU-eligible wastes into or within a CAMU does
not constitute creation of a unit subject to minimum technology
requirements.
(6) 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 Director 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 of these regulations; 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
Part 265 and the financial assurance requirements of Part 266 of these
regulations that applied to the regulated unit will continue to apply to that
portion of the CAMU after incorporation into the CAMU.
(c) The owner /operator shall provide sufficient information to enable the Department to designate a CAMU in accordance with the criteria in this section. The Director shall designate a CAMU that will be used for storage and/or treatment only in accordance with paragraph (f) of this section. The Director shall designate all other CAMUs 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
CAMU-eligible 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 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 Director to designate a CAMU in accordance with the criteria in this section. This must include, unless not reasonably available, information on:
(1) The origin of the waste and how it was
subsequently managed (including a description of the timing and circumstances
surrounding the disposal and/or release);
(2) Whether the waste was listed or
identified as hazardous at the time of disposal and/or release; and
(3) Whether the disposal and/or release of
the waste occurred before or after the land disposal requirements of Part 268
of these regulations were in effect for the waste listing or
characteristic.
(e) The Director shall specify, in the permit or order, requirements for CAMUs to include the following:
(1) The areal
configuration of the CAMU.
(2)
Except as provided in paragraph (g) of this section, requirements for
CAMU-eligible waste management to include the specification of applicable
design, operation, treatment and closure requirements.
(3)
Minimum design requirements.
CAMUs that consist of new, replacement, or laterally expanded units, except as
provided in paragraph (f) of this section, into which wastes are placed shall
comply with regulations for the siting of hazardous waste disposal sites,
6 CCR
1007-2, Part 2, and must be designed to assure
long-term protection of human health and the environment by preventing adverse
effects on any of the following: groundwater quality, surface water quality,
air quality, or ecological receptors. The siting, design and operation of a
CAMU must provide reasonable assurance that the wastes will remain isolated
within the designated disposal area and will not pose a threat to public health
or the environment by migrating into the environment.
(4)
Minimum treatment
requirements. Unless the wastes will be placed in a CAMU for storage
and/or treatment only in accordance with paragraph (f) of this section,
CAMU-eligible wastes that, absent this section, would be subject to the
treatment requirements of Part 268 of these regulations, and that the Director
determines contain principal hazardous constituents must be treated to the
standards specified in paragraph (e)(4)(iii) of this section.
(i) Principal hazardous constituents are
those constituents that the Director determines pose a risk to human health and
the environment substantially higher than the risks associated with the cleanup
levels or goals at the site.
(A) In general,
the Director will designate as principal hazardous constituents:
(1) Carcinogens that pose a potential direct
risk from combined exposure pathways at the site at or above 1 x 10-4 using an
unrestricted use exposure scenario; and
(2) Non-carcinogens that pose a potential
direct risk from combined exposure pathways at the site an order of magnitude
or greater than their reference concentration using an unrestricted use
exposure scenario.
(B)
The Director will also designate constituents as principal hazardous
constituents, where appropriate, when risks to human health and the environment
posed by the potential migration of constituents in wastes to surface water
and/or ground water are substantially higher than the risks associated with the
cleanup levels or goals at the site; when making such a designation, the
Director may consider such factors as constituent concentrations, and fate and
transport characteristics under site conditions.
(C) The Director may also designate other
constituents as principal hazardous constituents that the Director determines
pose a risk to human health and the environment substantially higher than the
cleanup levels or goals at the site.
(ii) In determining which constituents are
"principal hazardous constituents," the Director must consider all constituents
which, absent this section, would be subject to the treatment requirements in
Part 268 of these regulations.
(iii) Waste that the Director determines
contains principal hazardous constituents must meet treatment standards
determined in accordance with paragraph (e)(4)(iv) or (e)(4)(v) of this
section.
(iv)
Treatment
standards for wastes placed in CAMUs.
(A) For non-metals, treatment must achieve 90
percent reduction in total principal hazardous constituent concentrations,
except as provided by paragraph (e)(4)(iv)(C) of this section.
(B) For metals, treatment must achieve 90
percent reduction in principal hazardous constituent concentrations as measured
in leachate from the treated waste or media (tested according to the TCLP) or
90 percent reduction in total constituent concentrations (when a metal removal
treatment technology is used), except as provided by paragraph (e)(4)(iv)(C) of
this section.
(C) When treatment of
any principal hazardous constituent to a 90 percent reduction standard would
result in a concentration less than 10 times the Universal Treatment Standard
for that constituent, treatment to achieve constituent concentrations less than
10 times the Universal Treatment Standard is not required. Universal Treatment
Standards are identified in § 268.48 Table UTS of these
regulations.
(D) For waste
exhibiting the hazardous characteristic of ignitability, corrosivity or
reactivity, the waste must also be treated to eliminate these
characteristics.
(E) For debris,
the debris must be treated in accordance with § 268.45 of these
regulations, or by methods or to levels established under paragraphs
(e)(4)(iv)(A) through (D) or paragraph (e)(4)(v) of this section, whichever the
Director determines is appropriate.
(F)
Alternatives to TCLP. For
metal bearing wastes for which metals removal treatment is not used, the
Director may specify a leaching test other than the TCLP (SW-846 Method 1311,
incorporated by reference in § 260.11(a)(11)) to measure treatment
effectiveness, provided the Director determines that an alternative leach
testing protocol is appropriate for use, and that the alternative more
accurately reflects conditions at the site that affect leaching.
(v)
Adjusted
standards. The Director may adjust the treatment level or method in
paragraph (e)(4)(iv) of this section to a higher or lower level, based on one
or more of the following factors, as appropriate. The adjusted level or method
must be protective of human health and the environment:
(A) The technical impracticability of
treatment to the levels or by the methods in paragraph (e)(4)(iv) of this
section;
(B) The levels or methods
in paragraph (e)(4)(iv) of this section would result in concentrations of
principal hazardous constituents (PHCs) that are significantly above or below
cleanup standards applicable to the site (established either site-specifically,
or promulgated under state or federal law);
(C) The views of the affected local community
on the treatment levels or methods in paragraph (e)(4)(iv) of this section as
applied at the site, and, for treatment levels, the treatment methods necessary
to achieve these levels;
(D) The
short-term risks presented by the on-site treatment method necessary to achieve
the levels or treatment methods in paragraph (e)(4)(iv) of this
section;
(E) The long-term
protection offered by the engineering design of the CAMU and related
engineering controls:
(1) Where the treatment
standards in paragraph (e)(4)(iv) of this section are substantially met and the
principal hazardous constituents in the waste or residuals are of very low
mobility; or
(2) Where
cost-effective treatment has been used and the CAMU meets the Subtitle C liner
and leachate collection requirements for new land disposal units at §
264.301(c) and (d); or
(3) Where,
after review of appropriate treatment technologies, the Director determines
that cost-effective treatment is not reasonably available, and the CAMU meets
the Subtitle C liner and leachate collection requirements for new land disposal
units at § 264.301(c) and (d); or
(4) Where cost-effective treatment has been
used and the principal hazardous constituents in the treated wastes are of very
low mobility; or
(5) Where, after
review of appropriate treatment technologies, the Director determines that
cost-effective treatment is not reasonably available, the principal hazardous
constituents in the wastes are of very low mobility, and either the CAMU meets
or exceeds the standards for new, replacement, or laterally expanded CAMUs in
paragraph (e)(3) of this section, or the CAMU provides substantially equivalent
or greater protection.
(vi) The treatment required by the treatment
standards must be completed prior to, or within a reasonable time after,
placement in the CAMU.
(vii) For
the purpose of determining whether wastes placed in CAMUs have met
site-specific treatment standards, the Director may, as appropriate, specify a
subset of the principal hazardous constituents in the waste as analytical
surrogates for determining whether treatment standards have been met for other
principal hazardous constituents. This specification will be based on the
degree of difficulty of treatment and analysis of constituents with similar
treatment properties.
(5)
Except as provided in paragraph (f) of this section, requirements for ground
water monitoring and corrective action 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; and
(iii)
Require notification to the Director and corrective action as necessary to
protect human health and the environment for releases to ground water from the
CAMU.
(6) Except as
provided in paragraph (f) of this section, 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
wastes remain in place, post-closure escape of hazardous wastes, 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 CAMUs shall include the following, as
appropriate and as deemed necessary by the Director for a given CAMU in order
to protect human health and the environment:
(A) Requirements for excavation, removal,
treatment or containment of remediation wastes; and
(B) Requirements for removal and
decontamination of equipment, devices, and structures used in CAMU-eligible
waste management activities within the CAMU.
(iii) In establishing specific closure
requirements for CAMUs under paragraph (e) of this section, the Director 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) Hydrological 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)
Cap
Requirements:
(A) At final closure of
the CAMU, for areas in which wastes will remain after closure of the CAMU, with
constituent concentrations at or above remedial levels or goals applicable to
the site, the owner or operator must cover the CAMU with a final cover designed
and constructed to meet the following performance criteria, except as provided
in paragraph (e)(6)(iv)(B) of this section:
(1) Provide long-term minimization of
migration of liquids through the closed unit;
(2) Function with minimum
maintenance;
(3) Promote drainage
and minimize erosion or abrasion of the cover;
(4) Accommodate settling and subsidence so
that the cover's integrity is maintained; and
(5) Have a permeability less than or equal to
the permeability of any bottom liner system or natural subsoils present, or
allow no more percolation than would pass through the bottom liner system or an
equivalent thickness of the natural subsoils present.
(B) The Director may determine that
modifications to paragraph (e)(6)(iv)(A) of this section are needed to
facilitate treatment or the performance of the CAMU (e.g., to promote
biodegradation).
(v)
Post-closure requirements as necessary to protect human health and the
environment, shall include, for areas where remediation wastes will remain in
place:
(A) Monitoring and maintenance
activities, including 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
(B)
An environmental covenant pursuant to section
25-15-320, C.R.S., that includes a
notice that the land has been used to manage remediation wastes which may or
may not contain hazardous wastes.
(f) CAMUs used for storage and/or treatment only are CAMUs in which wastes will not remain after closure. Such CAMUs must be designated in accordance with all of the requirements of this section, except as follows:
(1) CAMUs that are used for
storage and/or treatment only and that operate in accordance with the time
limits established in the staging pile regulations at §
264.554(d)(1)(iii), (h), and (i) are subject to the requirements for staging
piles at § 264.554(d)(1)(i) and (ii), § 264.554(d)(2), §
264.554(e) and (f), and § 264.554(j) and (k) in lieu of the performance
standards and requirements for CAMUs in this section at paragraphs (c) and
(e)(3) through (6).
(2) CAMUs that
are used for storage and/or treatment only and that do not operate in
accordance with the time limits established in the staging pile regulations at
§ 264.554(d)(1)(iii), (h), and (i):
(i)
Must operate in accordance with a time limit, established by the Director, that
is no longer than necessary to achieve a timely remedy selected for the waste,
and
(ii) Are subject to the
requirements for staging piles at § 264.554(d)(1)(i) and (ii), §
264.554(d)(2), § 264.554(e) and (f), and § 264.554(j) and (k) in lieu
of the performance standards and requirements for CAMUs in this section at
paragraphs (c) and (e)(4) and (6).
(g) CAMUs into which wastes are placed where all wastes have constituent levels at or below remedial levels or goals applicable to the site do not have to comply with the requirements at paragraph (e)(3) of this section, the cap requirements at paragraph (e)(6)(iv) of this section, the ground water monitoring requirements at paragraph (e)(5) of this section or, for treatment and/or storage-only CAMUs, the design standards at paragraph (f) of this section. As used in this subsection, "remedial levels or goals" means concentration levels of contaminants in environmental media that are established on the assumption there are no containment structures in place.
(h) The Director shall provide public notice and a reasonable opportunity for public comment before designating a CAMU. Such notice shall include the rationale for any proposed adjustments under paragraph (e)(4)(v) of this section to the treatment standards in paragraph (e)(4)(iv) of this section.
(i) Notwithstanding any other provision of this section, the Director may impose additional requirements as necessary to protect human health and the environment.
(j) Incorporation of a CAMU into an existing permit must be approved by the Director 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.
(k) 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.
(l) 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.
(m) 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.
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