Haw. Code R. §§ 11-264.551 - Grandfathered Corrective Action Management Units (CAMUs)
(a)
To implement remedies under §264.101 or
42 U.S.C. section
6928(h) or section
342J-36, HRS, or to implement
remedies at a permitted facility that is not subject to § 264.101, 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 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 § 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 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 director 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 director to designate a CAMU in
accordance with the criteria in § 264.552.
(e) The director 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 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 CAMUs shall include the following, as appropriate
and as deemed necessary by the director 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 CAMUs under § 264.552(e), the director 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)
Hydrological 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
director 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 director according to the procedures for
Agency-initiated permit modifications under §270.41 of this chapter, or
according to the permit modification procedures of §270.42 of this
chapter.
(h) The designation of a
CAMU does not change [the] state department of health'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.
Notes
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