Louisiana Administrative Code
Title 33 - ENVIRONMENTAL QUALITY
Part V - Hazardous Wastes and Hazardous Materials
Subpart 1 - Department of Environmental Quality-Hazardous Waste
Chapter 26 - Corrective Action Management Units and Special Provisions for Cleanup
Section V-2603 - Corrective Action Management Units (CAMUs)
Universal Citation: LA Admin Code V-2603
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 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.
Definition. CAMU-Eligible Waste-
a. all solid and hazardous wastes and all
media (including groundwater, surface water, soils, and sediments) and debris
that are managed for implementing cleanup. As-generated wastes (either
hazardous or nonhazardous) from ongoing industrial operations at a site are not
CAMU-eligible wastes;
b. wastes
that would otherwise meet the description in Subparagraph A.1.a of this Section
are not CAMU-eligible wastes when:
i. the
wastes are hazardous wastes found during cleanup in intact or substantially
intact containers, tanks, or other non-land-based units found above ground,
unless the wastes are first placed in the tanks, containers, or non-land-based
units as part of cleanup or the containers or tanks are excavated during the
course of cleanup; or
ii. the
administrative authority exercises the discretion in Paragraph A.2 of this
Section to prohibit the wastes from management in a CAMU; and
c. notwithstanding Subparagraph
A.1.a of this Section, when appropriate, as-generated nonhazardous waste may be
placed in a CAMU when such waste is being used to facilitate treatment or the
performance of the CAMU.
2. The administrative authority may prohibit,
where appropriate, the placement of waste in a CAMU when the administrative
authority has or receives information that such wastes have not been managed in
compliance with applicable land disposal treatment standards of LAC
33:V.Chapter 22, applicable unit design requirements of Chapters 5, 18, 19, 21,
23, 24, 25, 27, 28, 29, 32, and 35, or applicable unit design requirements of
Chapter 43 or that noncompliance with other applicable requirements of this
Chapter likely contributed to the release of the waste.
3. Prohibition against Placing Liquids in
CAMUs
a. 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 when placement of such wastes facilitates the remedy selected for the
waste.
b. The requirements in LAC
33:V.2515.B for placement of containers holding free liquids in landfills apply
to placement in a CAMU except when placement facilitates the remedy selected
for the waste.
c. The placement of
any liquid that is not a hazardous waste in a CAMU is prohibited unless such
placement facilitates the remedy selected for the waste or a demonstration is
made in accordance with LAC 33:V.2515.D.
d. The absence or presence of free liquids in
either a containerized or a bulk waste must be determined in accordance with
LAC 33:V.2515.C. Sorbents used to treat free liquids in CAMUs must meet the
requirements of LAC 33:V.2515.E.
4. Placement of CAMU-eligible wastes into or
within a CAMU does not constitute land disposal of hazardous wastes.
5. Consolidation or placement of
CAMU-eligible 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. The 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 the 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 that will be used for storage and/or treatment only in accordance with Subsection F of this Section. The administrative authority 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 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 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
LAC 33:V.Chapter 22 were in effect for the waste listing or
characteristic.
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. Except as provided in Subsection G of this
Section, requirements for CAMU-eligible waste management shall include the
specification of applicable design, operation, treatment, and closure
requirements.
3. Minimum Design
Requirements. CAMUs, except as provided in Subsection F of this Section, into
which wastes are placed must be designed in accordance with the following.
a. Unless the administrative authority
approves alternate requirements under Subparagraph E.3.b of this Section, CAMUs
that consist of new, replacement, or laterally expanded units must include a
composite liner and a leachate collection system that is designed and
constructed to maintain less than a 30 cm depth of leachate over the liner. For
purposes of this Section, composite liner means a system
consisting of two components: the upper component must consist of a minimum 30
mil flexible membrane liner (FML), and the lower component must consist of at
least a 2-foot layer of compacted soil with a hydraulic conductivity of no more
than 1x10-7 cm/sec. FML components consisting of
high density polyethylene (HDPE) must be at least 60 mil thick. The FML
component must be installed in direct and uniform contact with the compacted
soil component.
b. Alternate
Requirements. The administrative authority may approve alternate requirements
if:
i. the administrative authority finds
that alternate design and operating practices, together with location
characteristics, will prevent the migration of any hazardous constituents into
the groundwater or surface water at least as effectively as the liner and
leachate collection systems in Subparagraph E.3.a of this Section; or
ii. the CAMU is to be established in an area
with existing significant levels of contamination, and the administrative
authority finds that an alternative design, including a design that does not
include a liner, would prevent migration from the unit that would exceed
long-term remedial goals.
4. Minimum Treatment Requirements. Unless the
wastes will be placed in a CAMU for storage and/or treatment only in accordance
with Subsection F of this Section, CAMU-eligible wastes that, absent this
Section, would be subject to the treatment requirements of LAC 33:V.Chapter 22
and that the administrative authority determines contain principal hazardous
constituents must be treated to the standards specified in Subparagraph E.4.c
of this Section.
a. Principal hazardous
constituents are those constituents that the administrative authority
determines pose a risk to human health and the environment substantially higher
than the cleanup levels or goals at the site.
i. In general, the administrative authority
will designate as principal hazardous constituents:
(a). carcinogens that pose a potential direct
risk from ingestion or inhalation, at the site, at or above
10-3 risk level; and
(b). non-carcinogens that pose a potential
direct risk from ingestion or inhalation, at the site, an order of magnitude or
greater over their reference dose.
ii. The administrative authority will also
designate constituents as principal hazardous constituents, when appropriate,
when risks to human health and the environment posed by the potential migration
of constituents in wastes to groundwater are substantially higher than cleanup
levels or goals at the site. When making such a designation, the administrative
authority may consider such factors as constituent concentrations and fate and
transport characteristics under site conditions.
iii. The administrative authority may also
designate other constituents as principal hazardous constituents that the
administrative authority determines pose a risk to human health and the
environment substantially higher than the cleanup levels or goals at the
site.
b. In determining
which constituents are principal hazardous constituents, the administrative
authority must consider all constituents that, absent this Section, would be
subject to the treatment requirements in LAC 33:V.Chapter 22.
c. Waste that the administrative authority
determines contains principal hazardous constituents must meet treatment
standards determined in accordance with Subparagraph E.4.d or e of this
Section.
d. Treatment Standards for
Wastes Placed in CAMUs
i. For non-metals,
treatment must achieve 90 percent reduction in total principal hazardous
constituent concentrations, except as provided by Clause E.4.d.iii of this
Section.
ii. 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 Clause E.4.d.iii of this Section.
iii. 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 LAC 33:V.2299.Appendix, Table 7.
iv. For waste exhibiting the hazardous
characteristic of ignitability, corrosivity, or reactivity, the waste must also
be treated to eliminate these characteristics.
v. For debris, the debris must be treated in
accordance with LAC 33:V.2230 or by methods described in or to levels
established under Clauses E.4.d.i-iv or Subparagraph E.4.e of this Section,
whichever the administrative authority determines is appropriate.
vi. Alternatives to TCLP. For metal-bearing
wastes for which metals removal treatment is not used, the administrative
authority may specify a leaching test other than the TCLP (Method 1311, EPA
Publication SW-846, as incorporated by reference in LAC 33:V.110.C.3.e) to
measure treatment effectiveness, provided the administrative authority
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.
e.
Adjusted Standards. The administrative authority may adjust the treatment level
or method in Subparagraph E.4.d 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:
i. the technical impracticability of
treatment to the levels or by the methods in Subparagraph E.4.d of this
Section;
ii. the levels or methods
in Subparagraph E.4.d of this Section would result in concentrations of
principal hazardous constituents that are significantly above or below cleanup
standards applicable to the site (established either site-specifically or
promulgated under state or federal law);
iii. the views of the affected local
community on the treatment levels or methods in Subparagraph E.4.d of this
Section, as applied at the site, and for treatment levels, the treatment
methods necessary to achieve these levels;
iv. the short-term risks presented by the
on-site treatment method necessary to achieve the levels or treatment methods
in Subparagraph E.4.d of this Section; and
v. the long-term protection offered by the
engineering design of the CAMU and related engineering controls:
(a). when the treatment standards in
Subparagraph E.4.d of this Section are substantially met and the principal
hazardous constituents in the waste or residuals are of very low
mobility;
(b). when cost-effective
treatment has been used and the CAMU meets the RCRA Subtitle C liner and
leachate collection requirements for new land disposal units at LAC 33:V.2503.L
and M;
(c). when, after review of
appropriate treatment technologies, the administrative authority determines
that cost-effective treatment is not reasonably available, and the CAMU meets
the RCRA Subtitle C liner and leachate collection requirements for new land
disposal units at LAC 33:V.2503.L and M;
(d). when cost-effective treatment has been
used and the principal hazardous constituents in the treated wastes are of very
low mobility; or
(e). when, after
review of appropriate treatment technologies, the administrative authority
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 liner standards for new, replacement, or
laterally expanded CAMUs in Subparagraphs E.3.a and b of this Section or the
CAMU provides substantially equivalent or greater protection.
f. The treatment required by the treatment
standards must be completed prior to, or within a reasonable time after,
placement in the CAMU.
g. For the
purpose of determining whether wastes placed in CAMUs have met site-specific
treatment standards, the administrative authority 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 Subsection F of this
Section, CAMUs shall have requirements for groundwater monitoring and
corrective action that are 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;
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;
and
c. provide notification to the
administrative authority and corrective action as necessary to protect human
health and the environment from releases to groundwater from the
CAMU.
6. Except as
provided in Subsection F of this Section, CAMUs shall have the following
closure and post-closure requirements:
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 wastes, 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; and
ii. requirements for removal and
decontamination of equipment, devices, and structures used in CAMU-eligible
waste management activities within the CAMU;
c. in establishing specific closure
requirements for CAMUs under this Subsection, 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.
hydrogeological 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;
d. cap
requirements, as follows:
i. 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 Clause E.6.d.ii of this Section:
(a). provide long-term minimization of
migration of liquids through the closed unit;
(b). function with minimum
maintenance;
(c). promote drainage
and minimize erosion or abrasion of the cover;
(d). accommodate settling and subsidence so
that the cover's integrity is maintained; and
(e). have a permeability less than or equal
to the permeability of any bottom liner system or natural subsoils present;
and
ii. the
administrative authority may determine that modifications to Clause E.6.d.i of
this Section are needed to facilitate treatment or the performance of the CAMU
(e.g., to promote biodegradation); and
e. post-closure requirements as necessary to
protect human health and the environment and to include, 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. 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 LAC 33:V.2605.D.1.c, H,
and I are subject to the requirements for staging piles at LAC 33:V.2605.D.1.a
and b and 2, E, F, J, and K in lieu of the performance standards and
requirements for CAMUs in Subsection C and Paragraphs E.3 - 6 of this
Section.
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 LAC 33:V.2605.D.1.c,
H, and I:
a. must operate in accordance with
a time limit, established by the administrative authority, that is no longer
than necessary to achieve a timely remedy selected for the waste; and
b. are subject to the requirements for
staging piles at LAC 33:V.2605.D.1.a and b and 2, E, F, J, and K in lieu of the
performance standards and requirements for CAMUs in Subsection C and Paragraphs
E.4 and 6 of this Section.
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 for liners at Subparagraph E.3.a of this Section, requirements for caps at Subparagraph E.6.d of this Section, groundwater monitoring requirements at Paragraph E.5 of this Section or, for treatment and/or storage-only CAMUs, the design standards at Subsection F of this Section.
H. The administrative authority 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 Subparagraph E.4.e of this Section to the treatment standards in Subparagraph E.4.d of this Section.
I. Notwithstanding any other provision of this Section, the administrative authority 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 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.
K. 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.
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