South Carolina Code of Regulations
Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL
Subchapter 61-79 - Hazardous Waste Management Regulations
Part 61-79.264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
Subpart S - SPECIAL PROVISIONS FOR CLEANUP
Section 61-79.264.S.552 - Corrective Action Management Units (CAMU)
Universal Citation: SC Code Regs 61-79.264.S.552
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 Department may designate an area at the facility as a corrective action management unit under the requirements in this section. Corrective action management unit 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) CAMU-eligible waste means:
(i) All solid and hazardous wastes, and all
media (including ground water, surface water, soils, and sediments) and debris,
that are managed for implementing cleanup. As-generated wastes (either
hazardous or non-hazardous) from ongoing industrial operations at a site are
not CAMU-eligible wastes.
(ii)
Wastes that would otherwise meet the description in paragraph (a)(1)(i) are not
"CAMU-Eligible Wastes" where:
(A) 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
(B) The Department
exercises the discretion in paragraph (a)(2) to prohibit the wastes from
management in a CAMU.
(iii) Notwithstanding paragraph (a)(1)(i),
where appropriate, as-generated non-hazardous waste may be placed in a CAMU
where such waste is being used to facilitate treatment or the performance of
the CAMU.
(2) The
Department may prohibit, where appropriate, the placement of waste in a CAMU
where the Department has or receives information that such wastes have not been
managed in compliance with applicable land disposal treatment standards of part
268, or applicable unit design requirements, or applicable unit design
requirements of part 265, or that non-compliance with other applicable
requirements likely contributed to the release of the waste.
(3) Prohibition against placing liquids in
CAMUs.
(i) 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 where placement of such wastes facilitates the remedy selected for the
waste.
(ii) The requirements in
264.314(c) for placement of containers holding free liquids in landfills apply
to placement in a CAMU except where placement facilitates the remedy selected
for the waste.
(iii) The placement
of any liquid which 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 pursuant to 264.314(e).
(iv) The absence or presence of free liquids
in either a containerized or a bulk waste must be determined in accordance with
264.314(b). Sorbents used to treat free liquids in CAMUs must meet the
requirements of 264.314(d).
(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)
(1) The
Department may designate a regulated unit (as defined in 264.90(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 264.113 or 265.113;
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 264 or part 265 that applied to the regulated
unit will continue to apply to that portion of the CAMU after incorporation
into the CAMU.
(c) The Department shall designate a CAMU that will be used for storage and/or treatment only in accordance with paragraph (f). The Department 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; 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 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
part 268 were in effect for the waste listing or characteristic.
(e) The Department shall specify, in the permit, requirements for CAMUs to include the following:
(1) The areal configuration of the
CAMU.
(2) Except as provided in
paragraph (g), requirements for CAMU-eligible waste management to include the
specification of applicable design, operation, treatment and closure
requirements.
(3) Minimum design
requirements. CAMUs, except as provided in paragraph (f), into which wastes are
placed must be designed in accordance with the following:
(i) Unless the Department approves alternate
requirements under (e)(3)(ii), 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, 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 two-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;
(ii) Alternate requirements. The Department
may approve alternate requirements if:
(A) The
Department finds that alternate design and operating practices, together with
location characteristics, will prevent the migration of any hazardous
constituents into the ground water or surface water at least as effectively as
the liner and leachate collection systems in (e)(3)(i); or
(B) The CAMU is to be established in an area
with existing significant levels of contamination, and the Department 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 (f), CAMU-eligible wastes
that, absent this section, would be subject to the treatment requirements of
part 268, and that the Department determines contain principal hazardous
constituents must be treated to the standards specified in (e)(4)(iii) of this
section.
(i) Principal hazardous constituents
are those constituents that the Department determines pose a risk to human
health and the environment substantially higher than the cleanup levels or
goals at the site.
(A) In general, the
Department will designate as principal hazardous constituents:
(1) Carcinogens that pose a potential direct
risk from ingestion or inhalation at the site at or above
10-3; and
(2) 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.
(B) The Department will also designate
constituents as principal hazardous constituents, where appropriate, when risks
to human health and the environment posed by the potential migration of
constituents in wastes to ground water are substantially higher than cleanup
levels or goals at the site; when making such a designation, the Department may
consider such factors as constituent concentrations, and fate and transport
characteristics under site conditions.
(C) The Department may also designate other
constituents as principal hazardous constituents that the Department determines
pose a risk to human health and the environment substantially higher than the
cleanup levels or goals at the site.
(ii) In determining which constituents are
"principal hazardous constituents," the Department must consider all
constituents which, absent this section, would be subject to the treatment
requirements in part 268.
(iii)
Waste that the Department determines contains principal hazardous constituents
must meet treatment standards determined in accordance with (e)(4)(iv) or
(e)(4)(v).
(iv) Treatment standards
for wastes placed in CAMUs.
(A) For
non-metals, treatment must achieve 90 percent reduction in total principal
hazardous constituent concentrations, except as provided by
(e)(4)(iv)(C).
(B) 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 (e)(4)(iv)(C) of this section.
(C) 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 268.48 Table UTS.
(D)
For waste exhibiting the hazardous characteristic of ignitability, corrosivity
or reactivity, the waste must also be treated to eliminate these
characteristics.
(E) For debris,
the debris must be treated in accordance with 268.45, or by methods or to
levels established under (e)(4)(iv)(A) through (D) or (e)(4)(v), whichever the
Department determines is appropriate.
(F) Alternatives to TCLP. For metal bearing
wastes for which metals removal treatment is not used, the Department may
specify a leaching test other than the TCLP (SW846 Method 1311, 260.11) to
measure treatment effectiveness, provided the Department 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.
(v) Adjusted
standards. The Department may adjust the treatment level or method in
(e)(4)(iv) 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:
(A) The
technical impracticability of treatment to the levels or by the methods in
(e)(4)(iv);
(B) The levels or
methods in (e)(4)(iv) would result in concentrations of principal hazardous
constituents (PHCs) that are significantly above or below cleanup standards
applicable to the site (established either site-specifically, or promulgated
under state or federal law);
(C)
The views of the affected local community on the treatment levels or methods in
(e)(4)(iv) as applied at the site, and, for treatment levels, the treatment
methods necessary to achieve these levels;
(D) The short-term risks presented by the
on-site treatment method necessary to achieve the levels or treatment methods
in (e)(4)(iv);
(E) The long-term
protection offered by the engineering design of the CAMU and related
engineering controls:
(1) Where the treatment
standards in (e)(4)(iv) are substantially met and the principal hazardous
constituents in the waste or residuals are of very low mobility; or
(2) Where cost-effective treatment has been
used and the CAMU meets the Subtitle C liner and leachate collection
requirements for new land disposal units at 264.301(c) and (d); or
(3) Where, after review of appropriate
treatment technologies, the Department determines that cost-effective treatment
is not reasonably available, and the CAMU meets the Subtitle C liner and
leachate collection requirements for new land disposal units at 264.301(c) and
(d); or
(4) Where cost-effective
treatment has been used and the principal hazardous constituents in the treated
wastes are of very low mobility; or
(5) Where, after review of appropriate
treatment technologies, the Department 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 (e)(3)(i)and
(ii), or the CAMU provides substantially equivalent or greater
protection.
(vi) The treatment required by the treatment
standards must be completed prior to, or within a reasonable time after,
placement in the CAMU.
(vii) For
the purpose of determining whether wastes placed in CAMUs have met
site-specific treatment standards, the Department 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 (f), requirements
for ground water monitoring and corrective action 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; and
(iii) Require
notification to the Department and corrective action as necessary to protect
human health and the environment for releases to ground water from the
CAMU.
(6) Except as
provided in (d), 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 wastes, 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 CAMUs 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; and
(B) Requirements for removal and
decontamination of equipment, devices, and structures used in CAMU-eligible
waste management activities within the CAMU.
(iii) In establishing specific closure
requirements for CAMUs under (e), the Department 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) Cap requirements:
(A) 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
(e)(6)(iv)(B):
(1) Provide long-term
minimization of migration of liquids through the closed unit;
(2) Function with minimum
maintenance;
(3) Promote drainage
and minimize erosion or abrasion of the cover;
(4) Accommodate settling and subsidence so
that the cover's integrity is maintained; and
(5) Have a permeability less than or equal to
the permeability of any bottom liner system or natural subsoils
present.
(B) The
Department may determine that modifications to (e)(6)(iv)(A) are needed to
facilitate treatment or the performance of the CAMU (e.g., to promote
biodegradation).
(v)
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) 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, 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 264.554(d)(1)(iii), (h), and (i) are subject
to the requirements for staging piles at 264.554(d)(1)(i) and (ii),
264.554(d)(2), 264.554(e) and (f), and 264.554(j) and (k) in lieu of the
performance standards and requirements for CAMUs in this section at (c) and
(e)(3) through (6).
(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
264.554(d)(1)(iii), (h), and (i):
(i) Must
operate in accordance with a time limit, established by the Department, that is
no longer than necessary to achieve a timely remedy selected for the waste,
and
(ii) Are subject to the
requirements for staging piles at 264.554(d)(1)(i) and (ii), 264.554(d)(2),
264.554(e) and (f), and 264.554(j) and (k) in lieu of the performance standards
and requirements for CAMUs in this section at (c) and (e)(4) and (6).
(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 (e)(3)(i), caps at (e)(6)(iv), ground water monitoring requirements at (e)(5) or, for treatment and/or storage-only CAMUs, the design standards at (f).
(h) The Department 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 (e)(4)(v) of this section to the treatment standards in (e)(4)(iv).
(i) Notwithstanding any other provision, the Department 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 Department according to the procedures for Department-initiated permit modifications under 270.41, or according to the permit modification procedures of 270.42.
(k) 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.
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