Current through Register Vol. 48, No. 9, September 27, 2024
(a) To implement remedies under 264.101 or
RCRA Section3008(h)(h), or to implement remedies at a permitted facility that
is not subject to 264.101, the owner or operator may designate an area at the
facility as a corrective action management unit under the requirements of this
section. Corrective action management unit 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. This request is subject to approval by the
Department. One or more CAMUs may be designated at a facility. (8/00)
(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
owner or operator may request to designate a regulated unit (as defined in
Section264.90(a)(2)(a)(2)) as a CAMU, or may incorporate a regulated unit into
a CAMU, if:
(i) The regulated unit is closed
or closing, meaning it has begun the closure process under Section264.113 or
Section265.113; and
(ii) Inclusion
of the regulated unit will enhance implementation of effective, protective and
reliable remedial actions for the facility.
(2) The subpart F, G, and H requirements and
the unit-specific requirements of part 264 or 265 that applied to that
regulated unit will continue to apply to that portion of the CAMU after
incorporation into the CAMU.
(c) The owner or operator 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; and
(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 Department to designate a CAMU in
accordance with the criteria in Section264.552.
(e) The Department shall specify, in the
permit, requirements for CAMUs to include the following: The owner or operator
shall specify in the permit application the following information for each
CAMU:
(1) The areal configuration of the
CAMU.
(2) Requirements for
remediation waste management to include the specification of applicable design,
operation and closure requirements.
(3) Requirements for ground water monitoring
that are sufficient to:
(i) 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
(ii)
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.
(i) Closure of corrective action management
units shall:
(A) Minimize the need for further
maintenance; and
(B) 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.
(ii)
Requirements for closure of CAMU's shall include the following, as appropriate
and as deemed necessary by the Department for a given CAMU:
(A) Requirements for excavation, removal,
treatment or containment of wastes;
(B) For areas in which wastes will remain
after closure of the CAMU, requirements for capping of such areas;
and
(C) Requirements for removal
and decontamination of equipment, devices, and structures used in remediation
waste management activities within the CAMU.
(iii) In establishing specific closure
requirements for CAMU's under Section264.552(e)(e), the owner or operator shall
consider the following factors:
(A) CAMU
characteristics;
(B) Volume of
wastes which remain in place after closure;
(C) Potential for releases from the
CAMU;
(D) Physical and chemical
characteristics of the waste;
(E)
Hydrogeological and other relevant environmental conditions at the facility
which may influence the migration of any potential or actual releases;
and
(F) Potential for exposure of
humans and environmental receptors if releases were to occur from the
CAMU.
(iv) 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 shall be
performed to ensure the integrity of any cap, final cover, or other containment
system.
(f)
The owner or operator shall document the rationale for designating CAMU's and
the Department shall make such documentation available to the public.
(g) Incorporation of a CAMU into an existing
permit must be approved by the Department according to the procedures for
Department-initiated permit modifications under Section270.41 of this chapter,
or according to the permit modification procedures of Section270.42 of this
chapter.
(h) The designation of a
CAMU does not change the Department'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.
