Current through all regulations passed and filed through September 16, 2024
(A) To implement
remedies under rule
3745-54-101
of the Administrative Code or RCRA Section 3008(h), or to implement remedies at
a permitted facility that is not subject to rule
3745-54-101
of the Administrative Code, 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(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)
(1) The
director may designate a regulated unit [as defined in paragraph (A)(2) of rule
3745-54-90
of the Administrative Code] as a CAMU, or may incorporate a regulated unit into
a CAMU, if:
(a) The regulated unit is closed
or closing, meaning it has begun the closure process under rule
3745-55-13
or
3745-66-13
of the Administrative Code; and
(b)
Inclusion of the regulated unit will enhance implementation of effective,
protective, and reliable remedial actions for the facility.
(2) The requirements of rules
3745-54-90
to
3745-54-101,
3745-55-10
to
3745-55-20,
and
3745-55-40
to
3745-55-51
of the Administrative Code and the unit-specific requirements of Chapters
3745-54 to 3745-57 and 3745-205 of the Administrative Code or Chapters 3745-65
to 3745-69 and 3745-256 of the Administrative Code that applied to that
regulated unit will continue to apply to that portion of the CAMU after
incorporation into the CAMU.
(C) The director will designate a CAMU in
accordance with the following:
(1) The CAMU
must facilitate the implementation of reliable, effective, protective, and
cost-effective remedies;
(2) Waste
management activities associated with the CAMU must not create unacceptable
risks to humans or to the environment resulting from exposure to hazardous
wastes or hazardous constituents;
(3) The CAMU must 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, must be managed and contained so as
to minimize future releases, to the extent practicable;
(5) The CAMU must expedite the timing of
remedial activity implementation, when appropriate and practicable;
(6) The CAMU must 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; and
(7) The CAMU must,
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 must provide
sufficient information to enable the director to designate a CAMU in accordance
with the criteria in rule
3745-57-72
of the Administrative Code.
(E) The
director will specify, in the permit or order, requirements for CAMUs to
include the following:
(1) The areal
configuration of the CAMU.
(2)
Requirements for remediation waste management to include the specification of
applicable design, operation and closure requirements in the hazardous waste
rules.
(3) Requirements for ground
water monitoring 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
ground water from sources located within the CAMU; and
(b) Detect and subsequently characterize
releases of hazardous constituents to ground water 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.
(a) Closure of
CAMUs must:
(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 must include the following, as appropriate
and as deemed necessary by the director 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 paragraph (E) of rule
3745-57-72
of the Administrative Code, the director will consider the following factors:
(i) CAMU characteristics;
(ii) Volume of wastes which 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 which 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) Post-closure requirements as
necessary to protect human health and the environment, to include, for areas
where wastes will remain in place, monitoring and maintenance activities, and
the frequency with which such activities must be performed to ensure the
integrity of any cap, final cover, or other containment system.
(F) The director will
document the rationale for designating CAMUs and must make such documentation
available to the public.
(G)
Incorporation of a CAMU into an existing permit must be approved by the
director according to the procedures for permit modifications under rule
3745-50-51
of the Administrative Code.
(H) The
designation of a CAMU does not change Ohio EPA'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.
[Comment: For dates of non-regulatory government publications,
publications of recognized organizations and associations, federal rules, and
federal statutory provisions referenced in this rule, see rule
3745-50-11
of the Administrative Code titled"Incorporated by reference."]
