Ala. Admin. Code r. 335-14-5-.19 - Special Provisions For Cleanup
(1)
Applicability of Corrective
Action Management Unit (CAMU) Regulations.
(a) Except as provided in
335-14-5-.19(1)(b),
CAMUs are subject to the requirements of
335-14-5-.19(3).
(b) CAMUs that were approved before April 22,
2002, or for which substantially complete applications (or equivalents) were
submitted to the Department on or before November 20, 2000, are subject to the
requirements in
335-14-5-.19(2)
for grandfathered CAMUs; CAMU waste, activities, and design will not be subject
to the standards in
335-14-5-.19(2),
so long as the waste, activities, and design remain within the general scope of
the CAMU as approved.
(2)
Grandfathered Corrective
Action Management Units (CAMU).
(a) To implement remedies under
335-14-5-.06(12),
§
22-30-19 et. seq.,
Code of Alabama 1975 and/or RCRA Section 3008(h), or
to implement remedies at a permitted facility that is not subject to
335-14-5-.06(12),
the Department may designate an area at the facility as a corrective action
management unit under the requirements in
335-14-5-.19(2).
"Corrective action management unit (CAMU)" means an area within a facility that
is used only for implementing corrective action or cleanup at the facility,
pursuant to the requirements of
335-14-5-.19(1), (2), and
(3). A CAMU must be located within the
contiguous property under the control of the owner /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.
[NOTE: The provisions of
335-14-5-.19(2)(a)1. and (2)
(a)2. do not relieve the
(b)
1. The
Department may designate a regulated unit (as defined in rule
335-14-5-.06(1)
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 rule
335-14-5-.07(4)
or Rule 335-14-6-.07(4);
and
(ii) Inclusion of the regulated
unit will enhance implementation of effective, protective and reliable remedial
actions for the facility.
2. The requirements of Rules
335-14-5-.06,
335-14-5-.07 and
335-14-5-.08 and the
unit-specific requirements of Chapters 335-14-5 - and 335-14-6 that applied to
that regulated unit will continue to apply to that portion of the CAMU after
incorporation into the CAMU.
(c) The Department 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 of
335-14-5-.19.
(e) The Department shall 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.
3. Requirements for groundwater 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 groundwater 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:
(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.
(ii) Requirements for closure of
CAMUs shall include the following, as appropriate and as deemed necessary by
the Department 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.
(iii) In establishing specific closure
requirements for CAMUs under
335-14-5-.19(2)(e),
the Department shall 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) Hydrogeological 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.
(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 Department
shall document the rationale for designating CAMUs and 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 permit modification
procedures of Rule
335-14-8-.04(2).
(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.
(3) Corrective Action Management Units
(CAMU).
(a) To implement remedies under
335-14-5-.06(12)
or RCRA Section 3008(h), or to implement remedies at a permitted facility that
is not subject to
335-14-5-.06(12),
the Department may designate an area at the facility as a corrective action
management unit under the requirements in
335-14-5-.19. 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
335-14-5-.19(3)(a)1.(i)
are not "CAMU-Eligible Wastes" where:
(I) 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
(II) The
Department exercises the discretion in
335-14-5-.19(3)(a)2.
to prohibit the wastes from management in a CAMU.
(iii) Notwithstanding
335-14-5-.19(3)(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
335-14-9, or applicable unit design requirements of 335-14-5, or applicable
unit design requirements of 335-14-6, or that non-compliance with other
applicable requirements of 335-14 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
335-14-5-.14(15)(d)
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
335-14-5-.14(15)(f).
(iv) The absence or presence of free liquids
in either a containerized or a bulk waste must be determined in accordance with
335-14-5-.14(15)(c).
Sorbents used to treat free liquids in CAMUs must meet the requirements of
335-14-5-.14(15)(e).
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
335-14-5-.06(1)(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
335-14-5-.07(4)
or 335-14-6-.07(4);
and
(ii) Inclusion of the
regulated unit will enhance implementation of effective, protective and
reliable remedial actions for the facility. 2.
335-14-5-.06, 5-.07, and 5-.08 or
335-14-6-.06, 6-.07, and 6-.08
and the unit-specific requirements of 335-14-5 or 335-14-6 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
335-14-5-.19(3)(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
335-14-5-.19. 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 335-14-9 were
in effect for the waste listing or characteristic.
(e) The Department shall specify, in the
permit or order, requirements for CAMUs to include the following:
1. The areal configuration of the
CAMU.
2. Except as provided in
335-14-5-.19(3)(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
335-14-5-.19(3)(f),
into which wastes are placed must be designed in accordance with the following:
(i) Unless the Department approves alternate
requirements under
335-14-5-.19(3)(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 of
335-14-5-.19, 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:
(I) 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
335-14-5-.19(3)(e)3.(i);
or
(II) 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 335-14-5-.19(3)(f),
CAMU-eligible wastes that, absent
335-14-5-.19, would be subject to
the treatment requirements of 335-14-9, and that the Department determines
contain principal hazardous constituents must be treated to the standards
specified in
335-14-5-.19(3)(e)4.(iii).
(i) Principal hazardous constituents are
those constituents that the Department determines to pose a risk to human
health and the environment substantially higher than the cleanup levels or
goals at the site.
(I) In general, the
Department will designate as principal hazardous constituents:
I. Carcinogens that pose a potential direct
risk from ingestion or inhalation at the site at or above 10-3; and
II. 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.
(II) 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.
(III) 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
335-14-5-.19, would be subject to
the treatment requirements in 335-14-9.
(iii) Waste that the Department determines to
contain principal hazardous constituents must meet treatment standards
determined in accordance with
335-14-5-.19(3)(e)4.(iv) or
(e)4.(v).
(iv) Treatment standards for wastes placed in
CAMUs.
(I) For non-metals, treatment must
achieve 90 percent reduction in total principal hazardous constituent
concentrations, except as provided by
335-14-5-.19(3)(e)4.(iv)(III).
(II) 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
335-14-5-.19(3)(e)4.(iv)(III).
(III) 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 335-14-9.
(IV)
For waste exhibiting the hazardous characteristic of ignitability, corrosivity
or reactivity, the waste must also be treated to eliminate these
characteristics.
(V) For debris,
the debris must be treated in accordance with 335-14-9, or by methods or to
levels established under
335-14-5-.19(3)(e)4.(iv) (I) through
(IV) or
335-14-5-.19(3)(e)4.(v),
whichever the Department determines is appropriate.
(VI) 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) 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
335-14-5-.19(3)(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:
(I) The technical
impracticability of treatment to the levels or by the methods in
335-14-5-.19(3)(e)4.(iv);
(II) The levels or methods in
335-14-5-.19(3)(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);
(III) The views of the
affected local community on the treatment levels or methods in
335-14-5-.19(3)(e)4.(iv)
as applied at the site, and, for treatment levels, the treatment methods
necessary to achieve these levels;
(IV) The short-term risks presented by the
onsite treatment method necessary to achieve the levels or treatment methods in
335-14-5-.19(3)
(e)4.(iv);
(V) The long-term protection offered by the
engineering design of the CAMU and related engineering controls:
I. Where the treatment standards in
335-14-5-.19(3)(e)4.(iv)
are substantially met and the principal hazardous constituents in the waste or
residuals are of very low mobility; or
II. 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
335-14-5-.14(2)(b);
or
III. 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 335-14-5-.14(2)(b);
or
IV. Where cost effective
treatment has been used and the principal hazardous constituents in the treated
wastes are of very low mobility; or
V. 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
335-14-5-.19(3)(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
335-14-5-.19(3)(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
335-14-5-.19(3)(f),
closure and post-closure requirements:
(i)
Closure of corrective action management units shall:
(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 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:
(I) Requirements for excavation, removal,
treatment or containment of wastes; and
(II) 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
335-14-5-.19(3)(e),
the Department shall 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) Hydrogeological 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.
(iv) Cap requirements:
(I) 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
335-14-5-.19(3)(e)6.(iv)(II):
I. Provide long-term minimization of
migration of liquids through the closed unit;
II. Function with minimum
maintenance;
III.Promote drainage
and minimize erosion or abrasion of the cover;
IV. Accommodate settling and subsidence so
that the cover's integrity is maintained; and
V. Have a permeability less than or equal to
the permeability of any bottom liner system or natural subsoils
present.
(II) The
Department may determine that modifications to
335-14-5-.19(3)(e)6.(iv)(I)
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 of
335-14-5-.19, 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
335-14-5-.19(5)(d)1.(iii), (h), and
(i) are subject to the requirements for
staging piles at
335-14-5-.19(5)(d)1.(i) and
(ii),
335-14-5-.19(5)(d)2.,
335-14-5-.19(5)(e) and
(f), and
335-14-5-.19(5)(j) and
(k) in lieu of the performance standards and
requirements for CAMUs at
335-14-5-.19(3)(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
335-14-5-.19(5)(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
335-14-5-.19(5)(d)(1)(i) and
(ii),
335-14-5-.19(5)(d)2.,
335-14-5-.19(5)(e) and
(f), and
335-14-5-.19(5)(j) and
(k) in lieu of the performance standards and
requirements for CAMUs at
335-14-5-.19(3)(c)
and 335-14-5-.19(3)(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
335-14-5-.19(3)(e)3.(i),
caps at 335-14-5-.19(3)(e)6.(iv),
ground water monitoring requirements at
335-14-5-.19(3)(e)5.
or, for treatment and/or storage-only CAMUs, the design standards at
335-14-5-.19(3)
(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 335-14-5-.19(3)(e)4.(v)
to the treatment standards in
335-14-5-.19(3)(e)4.(iv).
(i) Notwithstanding any other provision of
335-14-5-.19, 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 permit modifications under
335-14-8-.04(2).
(k) The designation of a CAMU does not change
ADEM'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.
(4)
Temporary Units (TU).
(a) For temporary tanks and container storage
areas used to treat or store hazardous remediation wastes during remedial
activities required under
335-14-5-.06(12),
§
22-30-19 et. seq.,
Code of Alabama 1975 and/or RCRA Section 3008(h), or
at a permitted facility that is not subject to
335-14-5-.06(12),
the Department may designate a unit at the facility as a temporary unit. A
temporary unit must by located within the contiguous property under the control
of the owner /operator where the wastes to be managed in the temporary unit
originated. For temporary units, the Department may replace the design,
operating, or closure standard applicable to these units under 335-14-5 or
335-14-6 with alternative requirements which protect human health and the
environment.
(b) Any temporary unit
to which alternative requirements are applied in accordance with
335-14-5-.19(2)(a)
shall be:
1. Located within the facility
boundary; and
2. Used only for
treatment or storage of remediation wastes.
(c) In establishing standards to be applied
to a temporary unit, the Department shall consider the following factors:
1. Length of time such unit will be in
operation;
2. Type of
unit;
3. Volumes of wastes to be
managed;
4. Physical and chemical
characteristics of the wastes to be managed in the unit;
5. Potential for releases from the
unit;
6. Hydrogeological and other
relevant environmental conditions at the facility which may influence the
migration of any potential releases; and
7. Potential for exposure of humans and
environmental receptors if releases were to occur from the unit.
(d) The Department shall specify
in the permit or order the length of time a temporary unit will be allowed to
operate, to be no longer than a period of one year. The Department shall also
specify the design, operating, and closure requirements for the unit.
(e) The Department may extend the operational
period of a temporary unit once for no longer than a period of one year beyond
that originally specified in the permit or order, if the Department determines
that:
1. Continued operation of the unit will
not pose a threat to human health and the environment; and
2. Continued operation of the unit is
necessary to ensure timely and efficient implementation of remedial actions at
the facility.
(f)
Incorporation of a temporary unit or a time extension for a temporary unit into
an existing permit shall be:
1. Approved in
accordance with the procedures for State of Alabama-initiated permit
modifications under Rule
335-14-8-.04(2);
or
2. Requested by the
owner /operator as a major modification according to the procedures under Rule
335-14-8-.04(2).
(g) The Department shall document
the rationale for designating a temporary unit and for granting time extensions
for temporary units and shall make such documentation available to the
public.
(5)
Staging piles.
(a) A
staging pile is an accumulation of solid, non-flowing remediation waste (as
defined in
335-14-1-.02) 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 ADEM in
accordance with the requirements in
335-14-5-.19.
1. For the purposes of
335-14-5-.19(5),
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) A staging pile may be used to
store hazardous remediation waste (or remediation waste otherwise subject to
land disposal restrictions) only if following the standards and design criteria
ADEM has designated for that staging pile. ADEM must designate the staging pile
in a permit or, at an interim status facility, in a closure plan or order
(consistent with
335-14-8-.07(3)(a)5. and
(b)5.). ADEM must establish conditions in the
permit , closure plan, or order that comply with
335-14-5-.19(3)(d) through
(k).
(c) Staging pile designation. When seeking a
staging pile designation, the following must be provided:
1. Sufficient and accurate information to
enable ADEM to impose standards and design criteria for your staging pile
according to
335-14-5-.19(3)(d) through
(k);
2. Certification by a qualified professional
engineer for technical data, such as design drawings and specifications, and
engineering studies, unless ADEM 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 ADEM determines
is necessary to protect human health and the environment.
(d) Staging pile performance criteria. ADEM
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 ADEM grants an operating term
extension under
335-14-5-.19(3)(i).
The two-year limit, or other operating term specified by ADEM in the permit ,
closure plan, or order, is measured from the first-time remediation waste is
placed into a staging pile. Records of the date remediation waste is placed
into the staging pile must be maintained 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, ADEM must consider the following factors:
(i) Length of time the pile will be in
operation;
(ii) Volumes of wastes
intended to be stored 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) Receipt of ignitable or reactive
remediation waste in a staging pile. Ignitable or reactive remediation waste
must not be placed in a staging pile unless:
1. Remediation waste must be treated,
rendered or mixed before being placed it in the staging pile so that:
(i) The remediation waste no longer meets the
definition of ignitable or reactive under
335-14-2-.03(2)
or 335-14-2-.03(4);
and
2. The remediation
waste must be managed to protect it from exposure to any material or condition
that may cause it to ignite or react.
(f) Handling incompatible remediation wastes
in a staging pile. The term "incompatible waste" is defined in
335-14-1-.02. The owner or
operator must comply with the following requirements for incompatible wastes in
staging piles:
1. Incompatible remediation
wastes must not be placed in the same staging pile unless compliance with
335-14-5-.02(8)(b)
has occurred;
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. Remediation waste must not
be piled on the same base where incompatible wastes or materials were
previously piled, unless the base has been decontaminated sufficiently to
comply with
335-14-5-.02(8)(b).
(g) Staging piles are subject to
Land Disposal Restrictions (LDR) and Minimum Technological Requirements (MTR).
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) Length of staging pile operation. ADEM
may allow a staging pile to operate for up to two years after hazardous
remediation waste is first placed into the pile. A staging pile may be used no
longer than the length of time designated by ADEM in the permit , closure plan,
or order (the "operating term"), except as provided in
335-14-5-.19(5)(i).
(i) Operating extension for a staging pile
1. ADEM 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
335-14-5-.19(5)(l)
for modification procedures). To justify to ADEM the need for an extension,
sufficient and accurate information must be provided to enable ADEM 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. ADEM
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) 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, a staging
pile located in a previously contaminated area of the site must be closed by
removing or decontaminating all:
(i)
Remediation waste;
(ii)
Contaminated containment system components; and
(iii) Structures and equipment contaminated
with waste and leachate.
2. Contaminated subsoils must be
decontaminated in a manner and according to a schedule that ADEM determines
will protect human health and the environment.
3. ADEM must include the above requirements
in the permit , closure plan, or order in which the staging pile is
designated.
(k) Closure
requirement for a staging piles 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
335-14-5-.12(9)(a)
and 335-14-5-.07(2);
or according to
335-14-6-.12(9)(a)
and 335-14-6-.07(2).
2. ADEM must include the above requirement in
the permit , closure plan, or order in which the staging pile is
designated.
(l)
Modifying an existing permit , closure plan, or order to allow for use of a
staging pile.
1. To modify a permit , to
incorporate a staging pile or staging pile operating term extension, either:
(i) ADEM must approve the modification under
the procedures for ADEM-initiated permit modifications in
335-14-8-.04(2);
or
2. [Reserved]
3. To modify a closure plan to incorporate a
staging pile or staging pile operating term extension, the owner or operator
must follow the applicable requirements under
335-14-5-.07(3)(c)
or 335-14-6-.07(3)(c).
4. To modify an order to incorporate a
staging pile or staging pile operating term extension, the owner or operator
must follow the terms of the order and the applicable provisions of
335-14-8-.07(3)(a)5. or
(b)5.
(m) Public information. ADEM must document
the rationale for designating a staging pile or staging pile operating term
extension and make this documentation available to the public.
(6)
Disposal of
CAMU-eligible wastes in permitted hazardous waste landfills.
(a) The Department with regulatory oversight
at the location where the cleanup is taking place may approve placement of
CAMU-eligible wastes in hazardous waste landfills not located at the site from
which the waste originated, without the wastes meeting the requirements of
335-14-9, if the conditions in
335-14-5-.19(6)(a)1.
through 3. are met:
1. The waste meets the
definition of CAMU-eligible waste in
335-14-5-.19(3)(a)1.
and 2.
2. The Department with
regulatory oversight at the location where the cleanup is taking place
identifies principal hazardous constitutes in such waste, in accordance with
335-14-5-.19(3)(e)4.(i) and
(ii), and requires that such principal
hazardous constituents are treated to any of the following standards specified
for CAMU-eligible wastes:
(i) The treatment
standards under
335-14-5-.19(3)
(e)4.(iv); or
(ii) Treatment standards adjusted in
accordance with
335-14-5-.19(3)(e)4.(v)(I), (III), (IV) or
(V) I.; or
(iii) Treatment standards adjusted in
accordance with
335-14-5-.19(3)(e)4.(v)(V)
II., where treatment has been used and that treatment significantly reduces the
toxicity or mobility of the principal hazardous constituents in the waste,
minimizing the short-term and long-term threat posed by the waste, including
the threat at the remediation site.
3. The landfill receiving the CAMU-eligible
waste must have a RCRA hazardous waste permit , meet the requirements for new
landfills in
335-14-5-.14, and be authorized
to accept CAMU-eligible wastes; for the purposes of this requirement, "permit "
does not include interim status.
(b) The person seeking approval shall provide
sufficient information to enable the Department with regulatory oversight at
the location where the cleanup is taking place to approve placement of
CAMU-eligible waste in accordance with
335-14-5-.19(6)(a).
Information required by
335-14-5-.19(3)(d)1.
through 3. for CAMU applications must be provided, unless not reasonably
available.
(c) The Department with
regulatory oversight at the location where the cleanup is taking place shall
provide public notice and a reasonable opportunity for public comment before
approving CAMU eligible waste for placement in an off-site permitted hazardous
waste landfill, consistent with the requirements for CAMU approval at
335-14-5-.19(3)(h).
The approval must be specific to a single remediation.
(d) Applicable hazardous waste management
requirements in this part, including recordkeeping requirements to demonstrate
compliance with treatment standards approved under
335-14-5-.19, for CAMU-eligible
waste must be incorporated into the receiving facility permit through permit
issuance or a permit modification , providing notice and an opportunity for
comment and a hearing. Notwithstanding
335-14-8-.01(4)(a),
a landfill may not receive hazardous CAMU-eligible waste under
335-14-5-.19 unless its permit
specifically authorizes receipt of such waste.
(e) For each remediation, CAMU-eligible waste
may not be placed in an off-site landfill authorized to receive CAMU-eligible
waste in accordance with
335-14-5-.19(6)(d)
until the following additional conditions have been met:
1. The landfill owner /operator notifies the
Department responsible for oversight of the landfill and persons on the
facility mailing list, maintained in accordance with
335-14-8-.08(6)(c)1.(ix),
of his or her intent to receive CAMU-eligible waste in accordance with
335-14-5-.19; the notice must
identify the source of the remediation waste, the principal hazardous
constituents in the waste, and treatment requirements.
2. Persons on the facility mailing list may
provide comments, including objections to the receipt of the CAMU-eligible
waste, to the Department within 15 days of notification.
3. The Department may object to the placement
of the CAMU-eligible waste in the landfill within 30 days of notification; the
Department may extend the review period an additional 30 days because of public
concerns or insufficient information.
4. CAMU-eligible wastes may not be placed in
the landfill until the Department has notified the facility owner / operator
that he or she does not object to its placement.
5. If the Department objects to the placement
or does not notify the facility owner /operator that he or she has chosen not to
object, the facility may not receive the waste, notwithstanding
335-14-8-.01(4)(a),
until the objection has been resolved, or the owner /operator obtains a permit
modification in accordance with the procedures of
335-14-8-.04(2)
specifically authorizing receipt of the waste.
6. As part of the permit issuance or permit
modification process of
335-14-5-.19(6)(d),
the Department may modify, reduce, or eliminate the notification requirements
of 335-14-5-.19(6)(e)
as they apply to specific categories of CAMU-eligible waste, based on minimal
risk.
(f) Generators of
CAMU-eligible wastes sent off-site to a hazardous waste landfill under
335-14-5-.19 must comply with the
requirements of
335-14-9-.01(7);
off-site facilities treating CAMU-eligible wastes to comply with
335-14-5-.19 must comply with the
requirements of
335-14-9-.01(7),
except that the certification must be with respect to the treatment
requirements of
335-14-5-.19(6)(a)2.
(g) For the purposes of
335-14-5-.19 only, the "design of
the CAMU" in
335-14-5-.19(3)(e)4.(v)(V)
means design of the permitted Subtitle C landfill.
Notes
Author: C. Lynn Garthright; L. Brian Hicks; C. Edwin Johnston; Lynn T. Roper; Theresa A. Maines; Heather M. Jones; Vernon H. Crockett; Sonja B. Favors; Brent A. Watson; Jonah L. Harris.
Statutory Authority: Code of Ala. 1975, §§ 22-30-11, 22-30-12, 22-30-16.
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