Current through Register Vol. 48, No. 9, September 27, 2024
This section is written in a special format to make it
easier to understand the regulatory requirements. Like other regulations, this
establishes enforceable legal requirements. For this "I" and "you" refer to the
owner/operator.
(a) What is a staging
pile? A staging pile is an accumulation of solid, non-flowing remediation waste
(as defined in 260.10 of this chapter) that is not a containment building and
is used only during remedial operations for temporary storage at a facility. A
staging pile must be located within the contiguous property under the control
of the owner operator where the wastes to be managed in the staging pile
originated. Staging piles must be designated by the Department according to the
requirements in this section.
(1) For the
purposes of this section, storage includes mixing, sizing, blending, or other
similar physical operations as long as they are intended to prepare the wastes
for subsequent management or treatment.
(2) [Reserved]
(b) When may I use a staging pile? You may
use a staging pile to store hazardous remediation waste (or remediation waste
otherwise subject to land disposal restrictions) only if you follow the
standards and design criteria the Department has designated for that staging
pile. The Department must designate the staging pile in a permit or, at an
interim status facility, in a closure plan or order (consistent with
270.72(a)(5) and (b)(5) of this chapter). The Department must establish
conditions in the permit, closure plan, or order that comply with paragraphs
(d) through (k) of this section.
(c) What information must I provide to get a
staging pile designated? When seeking a staging pile designation, you must
provide:
(1) Sufficient and accurate
information to enable the Department to impose standards and design criteria
for your staging pile according to paragraphs (d) through (k) of this
section;
(2) Certification by a
qualified professional engineer for technical data, such as design drawings and
specifications, and engineering studies, unless the Department determines,
based on information that you provide, that this certification is not necessary
to ensure that a staging pile will protect human health and the environment;
and
(3) Any additional information
the Department determines is necessary to protect human health and the
environment.
(d) What
performance criteria must a staging pile satisfy? The Department must establish
the standards and design criteria for the staging pile in the permit, closure
plan, or order.
(1) The standards and design
criteria must comply with the following:
(i)
The staging pile must facilitate a reliable, effective and protective
remedy;
(ii) The staging pile must
be designed so as to prevent or minimize releases of hazardous wastes and
hazardous constituents into the environment, and minimize or adequately control
cross-media transfer, as necessary to protect human health and the environment
(for example, through the use of liners, covers, run-off/run-on controls, as
appropriate); and
(iii) The staging
pile must not operate for more than two years, except when the Department
grants an operating term extension under paragraph (i) of this section
(entitled "May I receive an operating extension for a staging pile?"). You must
measure the two-year limit, or other operating term specified by the Department
in the permit, closure plan, or order, from the first time you place
remediation waste into a staging pile. You must maintain a record of the date
when you first placed remediation waste into the staging pile for the life of
the permit, closure plan, or order, or for three years, whichever is
longer.
(2) In setting
the standards and design criteria, the Department must consider the following
factors:
(i) Length of time the pile will be
in operation;
(ii) Volumes of
wastes you intend to store in the pile;
(iii) Physical and chemical characteristics
of the wastes to be stored in the unit;
(iv) Potential for releases from the
unit;
(v) Hydrogeological and other
relevant environmental conditions at the facility that may influence the
migration of any potential releases; and
(vi) Potential for human and environmental
exposure to potential releases from the unit.
(e) May a staging pile receive ignitable or
reactive remediation waste? You must not place ignitable or reactive
remediation waste in a staging pile unless:
(1) You have treated, rendered or mixed the
remediation waste before you placed it in the staging pile so that:
(i) The remediation waste no longer meets the
definition of ignitable or reactive under 261.21 or 261.23 of this chapter;
and
(ii) You have complied with
264.17(b); or
(2) You
manage the remediation waste to protect it from exposure to any material or
condition that may cause it to ignite or react.
(f) How do I handle incompatible remediation
wastes in a staging pile? The term "incompatible waste" is defined in 260.10 of
this chapter. You must comply with the following requirements for incompatible
wastes in staging piles:
(1) You must not
place incompatible remediation wastes in the same staging pile unless you have
complied with 264.17(b);
(2) If
remediation waste in a staging pile is incompatible with any waste or material
stored nearby in containers, other piles, open tanks or land disposal units
(for example, surface impoundments), you must separate the incompatible
materials, or protect them from one another by using a dike, berm, wall or
other device; and
(3) You must not
pile remediation waste on the same base where incompatible wastes or materials
were previously piled, unless the base has been decontaminated sufficiently to
comply with 264.17(b).
(g) Are staging piles subject to Land
Disposal Restrictions (LDR) and Minimum Technological Requirements (MTR)? No.
Placing hazardous remediation wastes into a staging pile does not constitute
land disposal of hazardous wastes or create a unit that is subject to the
minimum technological requirements of RCRA 3004(o).
(h) How long may I operate a staging pile?
The Department may allow a staging pile to operate for up to two years after
hazardous remediation waste is first placed into the pile. You must use a
staging pile no longer than the length of time designated by the Department in
the permit, closure plan, or order (the "operating term"), except as provided
in paragraph (i) of this section.
(i) May I receive an operating extension for
a staging pile?
(1) The Department may grant
one operating term extension of up to 180 days beyond the operating term limit
contained in the permit, closure plan, or order (see paragraph (1) of this
section for modification procedures). To justify to the Department the need for
an extension, you must provide sufficient and accurate information to enable
the Department to determine that continued operation of the staging pile.
(i) Will not pose a threat to human health
and the environment; and
(ii) Is
necessary to ensure timely and efficient implementation of remedial actions at
the facility.
(2) The
Department may, as a condition of the extension, specify further standards and
design criteria in the permit, closure plan, or order, as necessary, to ensure
protection of human health and the environment.
(j) What is the closure requirement for a
staging pile located in a previously contaminated area?
(1) Within 180 days after the operating term
of the staging pile expires, you must close a staging pile located in a
previously contaminated area of the site by removing or decontaminating all:
(i) Remediation waste;
(ii) Contaminated containment system
components; and
(iii) Structures
and equipment contaminated with waste and leachate.
(2) You must also decontaminate contaminated
subsoils in a manner and according to a schedule that the Department determines
will protect human health and the environment.
(3) The Department must include the above
requirements in the permit, closure plan, or order in which the staging pile is
designated.
(k) What is
the closure requirement for a staging pile located in an uncontaminated area?
(1) Within 180 days after the operating term
of the staging pile expires, you must close a staging pile located in an
uncontaminated area of the site according to 264.258(a) and 264.111; or
according to 265.258(a) and 265.111 of this chapter.
(2) The Department must include the above
requirement in the permit, closure plan, or order in which the staging pile is
designated.
(l) How may
my existing permit (for example, RAP), closure plan, or order be modified to
allow me to use a staging pile?
(1) To modify
a permit, other than a RAP, to incorporate a staging pile or staging pile
operating term extension, either:
(i) The
Department must approve the modification under the procedures for
Department-initiated permit modifications in 270.41 of this chapter;
or
(ii) You must request a Class 2
modification under 270.42 of this chapter.
(2) To modify a RAP to incorporate a staging
pile or staging pile operating term extension, you must comply with the RAP
modification requirements under 270.170 and
(3) To modify a closure plan to incorporate a
staging pile or staging pile operating term extension, you must follow the
applicable requirements under 264.112(c) or 265.112(c) of this
chapter.
(4) To modify an order to
incorporate a staging pile or staging pile operating term extension, you must
follow the terms of the order and the applicable provisions of 270.72(a)(5) or
(b)(5) of this chapter.
(m) Is information about the staging pile
available to the public? The Department must document the rationale for
designating a staging pile or staging pile operating term extension and make
this documentation available to the public.
