Current through Register Vol. 49, No. 13, September 23, 2024
Subpart 1.
Scope.
The requirements in this part apply to owners and operators
of facilities that treat, store, or dispose of hazardous waste in miscellaneous
units.
Subp. 2.
Environmental performance standards.
A miscellaneous unit must be located, designed, constructed,
operated, maintained, and closed in a manner that will ensure protection of
human health and the environment. Permits for miscellaneous units are to
contain the terms and provisions necessary to protect human health and the
environment, including, but not limited to, as appropriate, design and
operating requirements, detection and monitoring requirements, and requirements
for responses to releases of hazardous waste or hazardous constituents from the
unit. Permit terms and provisions shall include those requirements of parts
7045.0526 to
7045.0542,
7045.0549, and
7045.0551, and chapter 7001 that
are appropriate for the miscellaneous unit being permitted. Protection of human
health and the environment includes, but is not limited to:
A. prevention of any releases that may have
adverse effects on human health or the environment due to migration of waste
constituents in the groundwater or subsurface environment, considering:
(1) the volume and physical and chemical
characteristics of the waste in the unit, including its potential for migration
through soil, liners, or other containing structures;
(2) the hydrologic and geologic
characteristics of the unit and the surrounding area;
(3) the existing quality of groundwater,
including other sources of contamination and their cumulative impact on the
groundwater;
(4) the quantity and
direction of groundwater flow;
(5)
the proximity to and withdrawal rates of current and potential groundwater
users;
(6) the patterns of land use
in the region;
(7) the potential
for deposition or migration of waste constituents into subsurface physical
structures, and into the root zone of food chain crops and other
vegetation;
(8) the potential for
health risks caused by human exposure to waste constituents; and
(9) the potential for damage to domestic
animals, wildlife, crops, vegetation, and physical structures caused by
exposure to waste constituents;
B. prevention of any releases that may have
adverse effects on human health or the environment due to migration of waste
constituents in surface water, or wetlands or on the soil surface considering:
(1) the volume and physical and chemical
characteristics of the waste in the unit;
(2) the effectiveness and reliability of
containing, confining, and collecting systems and structures in preventing
migration;
(3) the hydrologic
characteristics of the unit and the surrounding area, including the topography
of the land around the unit;
(4)
the patterns of precipitation in the region;
(5) the quantity, quality, and direction of
groundwater flow;
(6) the proximity
of the unit to surface waters;
(7)
the current and potential uses of nearby surface waters and any water quality
standards established for those surface waters;
(8) the existing quality of surface waters
and surface soils, including other sources of contamination and their
cumulative impact on surface waters and surface soils;
(9) the patterns of land use in the
region;
(10) the potential for
health risks caused by human exposure to waste constituents; and
(11) the potential for damage to domestic
animals, wildlife, crops, vegetation, and physical structures caused by
exposure to waste constituents; and
C. prevention of any release that may have
adverse effects on human health or the environment due to migration of waste
constituents in the air, considering:
(1) the
volume and physical and chemical characteristics of the waste in the unit,
including its potential for the emission and dispersal of gases, aerosols, and
particulates;
(2) the effectiveness
and reliability of systems and structures to reduce or prevent emissions of
hazardous constituents to the air;
(3) the operating characteristics of the
unit;
(4) the atmospheric,
meteorologic, and topographic characteristics of the unit and the surrounding
area;
(5) the existing quality of
the air, including other sources of contamination and their cumulative impact
on the air;
(6) the potential for
health risks caused by human exposure to waste constituents; and
(7) the potential for damage to domestic
animals, wildlife, crops, vegetation, and physical structures caused by
exposure to waste constituents.
Subp. 3.
Monitoring, analysis,
inspection, response, reporting, and corrective action.
Monitoring, testing, analytical data, inspections, response,
and reporting procedures and frequencies shall ensure compliance with subpart
2; parts
7045.0452, subpart 5; 7045.0462,
subpart
4; 7045.0482, subparts
2 to
4; and 7045.0485, as well as
meet any additional requirements needed to protect human health and the
environment as specified in the permit.
Subp. 4.
Postclosure care.
A miscellaneous unit that is a disposal unit shall be
maintained in a manner that complies with subpart
2 during the postclosure care
period. In addition, if a treatment or storage unit has contaminated soils or
groundwater that cannot be completely removed or decontaminated during closure,
then that unit shall also meet the requirements of subpart
2 during postclosure care.
The postclosure plan under part
7045.0490 must specify the
procedures that will be used to satisfy this requirement.
