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 1007-3-264.553 - Temporary Units (TU)

Universal Citation: 1000 CO Code Regs 6 CCR 1007-3-264.553

Current through Register Vol. 47, No. 17, September 10, 2024

(a) For temporary tanks and container storage areas used to treat or store hazardous remediation wastes during remedial activities required under § 100.26, § 264.101, § 265.5, or section 25-15-308, C.R.S., or at a permitted facility that is not subject to § 264.101, the Department may designate a unit at the facility, as a temporary unit. A temporary unit must be located within the contiguous property under the control of the owner/operator where the wastes to be managed in the temporary unit originated. For temporary units, the Department may replace the design, operating, or closure standard applicable to these units under this Part 264 or Part 265 of these regulations with alternative requirements which protect human health and the environment.

(b) Any temporary unit to which alternative requirements are applied in accordance with paragraph (a) of this section shall be:

(1) Located within the facility boundary; and

(2) Used only for treatment or storage of remediation wastes.

(1) Length of time such unit will be in operation;

(2) Type of unit;

(3) Volumes of remediation wastes to be managed;

(4) Physical and chemical characteristics of the remediation wastes to be managed in the unit;

(5) Potential for releases from the unit;

(6) Hydrogeological and other relevant environmental conditions at the facility which may influence the migration of any potential releases; and

(7) Potential for exposure of humans and environmental receptors if releases were to occur from the unit.

(d) The Department shall specify in the permit or order the length of time a temporary unit will be allowed to operate, to be no longer than a period of one year. The Department shall also specify the design, operating, and closure requirements for the unit.

(e) The Department may extend the operational period of a temporary unit once for no longer than a period of one year beyond that originally specified in the permit or order, if the Department determines that:

(1) Continued operation of the unit will not pose a threat to human health and the environment; and

(2) Continued operation of the unit is necessary to ensure timely and efficient implementation of remedial actions at the facility.

(f) Incorporation of a temporary unit or a time extension for a temporary unit into an existing permit shall be:

(1) Approved in accordance with the procedures for Department initiated permit modifications under § 100.61; or

(2) Requested by the owner/operator as a Class II modification according to the procedures under § 100.63 of these regulations.

(g) Incorporation of a temporary unit or a time extension for a temporary unit into a new permit shall be approved by the Department according to the permit review and issuance procedures of § 100.5 of these regulations.

(h) Incorporation of a temporary unit or a time extension for a temporary unit 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.

(i) The Department shall document the rationale for designating a temporary unit and for granting time extensions for temporary units and shall make such documentation available to the public.

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