Current through Register Vol. 50, No. 9, September 20, 2024
A. To implement remedies under LAC 33:V.3322
or RCRA Section 3008(h), or to implement remedies at a permitted facility that
is not subject to LAC 33:V.3322, the administrative authority may designate an
area at the facility as a CAMU under the requirements in this Section. CAMU
means an area within a facility that is used only for managing remediation
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.
Placement of remediation wastes into or within a CAMU does not constitute land
disposal of hazardous wastes.
2.
Consolidation or placement of remediation wastes into or within a CAMU does not
constitute creation of a unit subject to minimum technology
requirements.
B. The
administrative authority may designate a regulated unit (as defined in LAC
33:V.3301.B) as a CAMU, or may incorporate a regulated unit into a CAMU, under
the following conditions.
1. T he regulated
unit is closed or closing, meaning it has begun the closure process under LAC
33:V.3513 or 4383.
2. Inclusion of
the regulated unit will enhance implementation of effective, protective, and
reliable remedial actions for the facility.
3. The LAC 33:V.Chapters 33, 35, and 37
requirements and the unit-specific requirements of Chapters 17, 18, 19, 21, 22,
23, 24, 25, 26, 27, 28, 29, 30, 31, 32, and 43 that applied to that regulated
unit shall continue to apply to that portion of the CAMU after incorporation
into the CAMU.
C. The
administrative authority 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 wastes remain
in place after closure of the CAMU shall be managed and contained so as to
minimize future releases, to the extent practicable.
5. The CAMU shall expedite the timing of
remedial activity implementation, when appropriate and practicable.
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 wastes that will remain in place after closure
of the CAMU.
7. The CAMU shall, to
the extent practicable, minimize the land area of the facility upon which
wastes will remain in place after closure of the CAMU.
D. The owner/operator shall provide
sufficient information to enable the administrative authority to designate a
CAMU in accordance with the criteria in LAC 33:V.2603.
E. The administrative authority shall
specify, in the permit or order, requirements for CAMUs, which include the
following.
1. The areal configuration of the
CAMU shall be provided.
2.
Requirements for remediation waste management shall include the specification
of applicable design, operation, and closure requirements.
3. Requirements for groundwater monitoring
shall be sufficient to:
a. continue to detect
and to characterize the nature, extent, concentration, direction, and movement
of existing releases of hazardous constituents in groundwater from sources
located within the CAMU; and
b.
detect and subsequently characterize releases of hazardous constituents to
groundwater that may occur from areas of the CAMU in which wastes will remain
in place after closure of the CAMU.
4. Closure and post-closure requirements
shall include the following:
a. closure of
CAMUs, which shall:
i. minimize the need for
further maintenance; and
ii.
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 waste, hazardous constituents, leachate,
contaminated runoff, or hazardous waste decomposition products to the ground,
to surface waters, or to the atmosphere;
b. requirements for closure of CAMUs that
shall include the following, as appropriate and as deemed necessary by the
administrative authority, for a given CAMU:
i.
requirements for excavation, removal, treatment, or containment of
wastes;
ii. for areas in which
wastes will remain after closure of the CAMU, requirements for capping of such
areas; and
iii. requirements for
removal and decontamination of equipment, devices, and structures used in
remediation waste management activities within the CAMU;
c. in establishing specific closure
requirements for CAMUs under LAC 33:V.2603.E, the administrative authority
shall consider the following factors:
i. CAMU
characteristics;
ii. volume of
wastes that remain in place after closure;
iii. potential for releases from the
CAMU;
iv. physical and chemical
characteristics of the waste;
v.
hydrological and other relevant environmental conditions at the facility that
may influence the migration of any potential or actual releases; and
vi. potential for exposure of humans and
environmental receptors if releases were to occur from the CAMU; and
d. post-closure requirements, as
necessary to protect human health and the environment, including for areas
where 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, or other containment system.
F. The administrative
authority 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 administrative authority according to the
procedures for department-initiated permit modifications under LAC 33:V.323 or
according to the permit modification procedures of LAC 33:V.321.C.
H. The designation of a CAMU does not change
EPA's existing authority to address cleanup levels, media-specific points of
compliance to be applied to remediation at a facility, or other remedy
selection decisions.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
30:2180 et
seq.