a) To implement remedies pursuant to Section
724.201
or RCRA section 3008(h), or to implement remedies at a permitted facility that
is not subject to Section 724.201, the Agency may designate an area at the
facility as a corrective action management unit pursuant to the requirements in
this Section. "Corrective action management unit" or "CAMU" means an area
within a facility that is used only for managing CAMU-eligible wastes for
implementing corrective action or cleanup at that 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 the following:
A)
All solid and hazardous wastes, and all media (including groundwater, 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.
B) Wastes that would otherwise meet the
description in subsection (a)(1)(A) are not CAMU-eligible waste where the
following is true:
i) The wastes are
hazardous waste 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 Agency makes
the determination in subsection (a)(2) to prohibit the wastes from management
in a CAMU.
C)
Notwithstanding subsection (a)(1)(A), 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 Agency must prohibit the placement of
waste in a CAMU where the Agency determines that the wastes have not been
managed in compliance with applicable land disposal treatment standards of 35
Ill. Adm. Code
728, applicable unit design requirements of this Part or 35 Ill.
Adm. Code
725, or other applicable requirements of this Subtitle G, and that
the non-compliance likely contributed to the release of the waste.
3) Prohibition against Placing Liquids in a
CAMU
A) 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.
B) The requirements in
Section
724.414(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.
C) The placement of any
liquid that 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 Section
724.414(e).
D) The absence or presence of free liquids in
either a containerized or a bulk waste must be determined in accordance with
Section
724.414(b).
Sorbents used to treat free liquids in a CAMU must meet the requirements of
Section
724.414(d).
4) Placement of CAMU-eligible
wastes into or within a CAMU does not constitute land disposal of hazardous
waste.
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) Establishing a CAMU
1) The Agency must designate a regulated unit
(as defined in Section
724.190(a)(2)
) as a CAMU or must incorporate a regulated unit into a CAMU, if it determines
that the following is true of a regulated unit:
A) The regulated unit is closed or closing,
meaning it has begun the closure process pursuant to Section
724.213
or 35 Ill. Adm. Code
725.213;
and
B) 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 this Part or 35 Ill. Adm. Code
265 that
applied to the regulated unit will continue to apply to that portion of the
CAMU after incorporation into the CAMU.
c) The Agency must designate a CAMU that will
be used for storage or treatment only in accordance with subsection (f). The
Agency must designate any other CAMU in accordance with the following
requirements:
1) The CAMU must facilitate the
implementation of reliable, effective, protective, and cost-effective
remedies;
2) Waste management
activities associated with the CAMU must not create unacceptable risks to
humans or to the environment resulting from exposure to hazardous wastes or
hazardous constituents;
3) The CAMU
must 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, must be managed and contained so as to
minimize future releases, to the extent practicable;
5) The CAMU must expedite the timing of
remedial activity implementation, when appropriate and practicable;
6) The CAMU must 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 must,
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 or operator must provide
sufficient information to enable the Agency to designate a CAMU in accordance
with the criteria in this Section. This must include, unless not reasonably
available, information on the following:
1)
The origin of the waste and how it was subsequently managed (including a
description of the timing and circumstances surrounding the disposal or
release);
2) Whether the waste was
listed or identified as hazardous at the time of disposal or release;
and
3) Whether the disposal or
release of the waste occurred before or after the land disposal requirements of
35 Ill. Adm. Code
728 were in effect for the waste listing or
characteristic.
e) The
Agency must specify, in the permit or order, requirements for the CAMU to
include the following:
1) The areal
configuration of the CAMU.
2)
Except as provided in subsection (g), requirements for CAMU-eligible waste
management to include the specification of applicable design, operation,
treatment, and closure requirements.
3) Minimum Design Requirements: a CAMU,
except as provided in subsection (f), into which wastes are placed must be
designed in accordance with the following:
A)
Unless the Agency approves alternative requirements pursuant to subsection
(e)(3)(B), a CAMU that consists 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 this Section, "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;
B) Alternative
Requirements. The Agency must approve alternative requirements if it determines
that either of the following is true:
i) The
Agency determines that alternative design and operating practices, together
with location characteristics, will prevent the migration of any hazardous
constituents into the groundwater or surface water at least as effectively as
the liner and leachate collection systems in subsection (e)(3)(A); or
ii) The CAMU is to be established in an area
with existing significant levels of contamination, and the Agency determines
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 or treatment only in accordance with subsection (f), CAMU-eligible
wastes that, absent this Section, would be subject to the treatment
requirements of 35 Ill. Adm. Code
728, and that the Agency determines contain
principal hazardous constituents must be treated to the standards specified in
subsection (e)(4)(C).
A) Principal hazardous
constituents are those constituents that the Agency determines pose a risk to
human health and the environment substantially higher than the cleanup levels
or goals at the site.
i) In general, the
Agency must designate as principal hazardous constituents those contaminants
specified in subsection (e)(4)(H).
BOARD NOTE: The Board has codified
40 CFR
264.552(e)(4)(i)(A)
(1) and (e)(4)(i)(A)(2) as subsections
(e)(4)(H)(i) and (e)(4)(H)(ii) in order to comply with Illinois Administrative
Code codification requirements.
ii) The Agency must 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 groundwater are substantially higher than cleanup
levels or goals at the site. When making such a designation, the Agency must
consider such factors as constituent concentrations, and fate and transport
characteristics under site conditions.
iii) The Agency must also designate other
constituents as principal hazardous constituents that the Agency determines
pose a risk to human health and the environment substantially higher than that
posed by the cleanup levels or goals at the site.
B) In determining which constituents are
"principal hazardous constituents", the Agency must consider all constituents
that, absent this Section, would be subject to the treatment requirements in 35
Ill. Adm. Code
728.
C) Waste that
the Agency determines contains principal hazardous constituents must meet
treatment standards determined in accordance with subsection (e)(4)(D) or
(e)(4)(E).
D) Treatment Standards
for Wastes Placed in a CAMU
i) For
non-metals, treatment must achieve 90 percent reduction in total principal
hazardous constituent concentrations, except as provided by subsection
(e)(4)(D)(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 subsection (e)(4)(D)(iii).
iii) When treatment of any principal
hazardous constituent to a 90 percent reduction standard would result in a
concentration less than ten 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 Table U to 35 Ill. Adm. Code
728.
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 35 Ill. Adm. Code
728.145,
or by methods or to levels established pursuant to subsections (e)(4)(D)(i)
through (e)(4)(D)(iv) or subsection (e)(4)(E), whichever the Agency determines
is appropriate.
vi) Alternatives to
TCLP. For metal bearing wastes for which metals removal treatment is not used,
the Agency must specify a leaching test other than Method 1311 (Toxicity
Characteristic Leaching Procedure), in "Test Methods for Evaluating Solid
Waste, Physical/Chemical Methods", USEPA publication number EPA-530/SW-846,
incorporated by reference in 35 Ill. Adm. Code
720.111(a)
to measure treatment effectiveness, provided the Agency 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.
E) Adjusted
Standards. The Board will grant an adjusted standard pursuant to Section 28.1
of the Act to adjust the treatment level or method in subsection (e)(4)(D) to a
higher or lower level, based on one or more of the following factors, as
appropriate, if the owner or operator demonstrates that the adjusted level or
method would adequately protect human health and the environment, based on
consideration of the following:
i) The
technical impracticability of treatment to the levels or by the methods in
subsection (e)(4)(D);
ii) The
levels or methods in subsection (e)(4)(D) 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 pursuant to State or federal law);
iii) The views of the affected local
community on the treatment levels or methods in subsection (e)(4)(D), 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 on-site treatment method necessary to achieve
the levels or treatment methods in subsection (e)(4)(D);
v) The long-term protection offered by the
engineering design of the CAMU and related engineering controls under the
circumstances set forth in subsection (e)(4)(I).
BOARD NOTE: The Board has codified
40 CFR
264.552(e)(4)(v)(E)
(1) through (e)(4)(v)(E)(5) as subsections
(e)(4)(I)(i) through (e)(4)(I)(v) in order to comply with Illinois
Administrative Code codification requirements.
F) The treatment required by the treatment
standards must be completed prior to, or within a reasonable time after,
placement in the CAMU.
G) For the
purpose of determining whether wastes placed in a CAMU have met site-specific
treatment standards, the Agency must 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 if it determines that the specification is appropriate based on
the degree of difficulty of treatment and analysis of constituents with similar
treatment properties.
H) Principal
hazardous constituents that the Agency must designate are the following:
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.
I) Circumstances relating to the long-term
protection offered by engineering design of the CAMU and related engineering
controls are the following:
i) Where the
treatment standards in subsection (e)(4)(D) are substantially met and the
principal hazardous constituents in the waste or residuals are of very low
mobility;
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 Section
724.401(c) and
(d);
iii) Where, after review of appropriate
treatment technologies, the Board 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 Section
724.401(c) and
(d);
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 Board 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 a laterally expanded
CAMU in subsections (e)(3)(A) and (e)(3)(B) or the CAMU provides substantially
equivalent or greater protection.
5) Except as provided in subsection (f),
requirements for groundwater monitoring and corrective action that are
sufficient to do the following:
A) Continue
to detect and to characterize the nature, extent, concentration, direction, and
movement of existing releases of hazardous constituents in groundwater from
sources located within the CAMU;
B)
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; and
C) Require notification to the Agency and
corrective action as necessary to adequately protect human health and the
environment for releases to groundwater from the CAMU.
6) Except as provided in subsection (f),
closure and post-closure requirements, as follows:
A) Closure of corrective action management
units must do the following:
i) It must
minimize the need for further maintenance; and
ii) It must control, minimize, or eliminate,
to the extent necessary to adequately protect human health and the environment,
for areas where wastes remain in place, post-closure escape of hazardous
wastes, hazardous constituents, leachate, contaminated run-off, or hazardous
waste decomposition products to the ground, to surface waters, or to the
atmosphere.
B)
Requirements for closure of a CAMU must include the following, as appropriate
and as deemed necessary by the Agency 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.
C) In establishing specific closure
requirements for a CAMU pursuant to this subsection (e), the Agency must
consider the following factors:
i) CAMU
characteristics;
ii) Volume of
wastes that 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
that 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.
D) Cap Requirements
i) At final closure of the CAMU, for areas in
which wastes will remain with constituent concentrations at or above remedial
levels or goals applicable to the site after closure of the CAMU, the owner or
operator must cover the CAMU with a final cover designed and constructed to
meet the performance criteria listed in subsection (e)(6)(F), except as
provided in subsection (e)(6)(D)(ii):
BOARD NOTE: The Board has codified
40 CFR
264.552(e)(6)(iv)(A)
(1) through (e)(6)(iv)(A)(5) as subsections
(e)(6)(F)(i) through (e)(6)(F)(v) in order to comply with Illinois
Administrative Code codification requirements.
ii) The Agency must apply cap requirements
that deviate from those prescribed in subsection (e)(6)(D)(i) if it determines
that the modifications are needed to facilitate treatment or the performance of
the CAMU (e.g., to promote biodegradation).
E) Post-closure requirements as necessary to
adequately 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 must be performed to ensure the
integrity of any cap, final cover, or other containment system.
F) The final cover design and performance
criteria are as follows:
i) The final cover
must provide long-term minimization of migration of liquids through the closed
unit;
ii) The final cover must
function with minimum maintenance;
iii) The final cover must promote drainage
and minimize erosion or abrasion of the cover;
iv) The final cover must accommodate settling
and subsidence so that the cover's integrity is maintained; and
v) The final cover must have a permeability
less than or equal to the permeability of any bottom liner system or natural
subsoils present.
f) A CAMU used for storage or treatment only
is a CAMU in which wastes will not remain after closure. Such a CAMU must be
designated in accordance with all of the requirements of this Section, except
as follows:
1) A CAMU that is used for
storage or treatment only and that operates in accordance with the time limits
established in the staging pile regulations at Section
724.654(d)(1)(C),
(h), and (i) is subject to the requirements
for staging piles at Section
724.654(d)(1)(A) and (d)(1)(B),
(d)(2), (e), (f), (j), and (k) in lieu of the
performance standards and requirements for a CAMU in subsections (c) and (e)(3)
through (e)(6).
2) A CAMU that is
used for storage or treatment only and that does not operate in accordance with
the time limits established in the staging pile regulations at Section
724.654(d)(1)(C),
(h), and (i):
A) The owner or operator must operate in
accordance with a time limit, established by the Agency, that is no longer than
necessary to achieve a timely remedy selected for the waste and
g) A CAMU 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 subsection (e)(3)(A), caps at subsection (e)(6)(D), groundwater monitoring
requirements at subsection (e)(5) or, for treatment or storage-only a CAMU, the
design standards at subsection (f).
h) The Agency must provide public notice and
a reasonable opportunity for public comment before designating a CAMU. Such
notice must include the rationale for any proposed adjustments pursuant to
subsection (e)(4)(E) to the treatment standards in subsection
(e)(4)(D).
i) Notwithstanding any
other provision of this Section, the Agency must impose those additional
requirements that it determines are necessary to adequately protect human
health and the environment.
j)
Incorporation of a CAMU into an existing permit must be approved by the Agency
according to the procedures for Agency-initiated permit modifications pursuant
to 35 Ill. Adm. Code
703.270
through
703.273, or
according to the permit modification procedures of 35 Ill. Adm. Code
703.280
through
703.283.
k) The designation of a CAMU does not change
the Agency's existing authority to address cleanup levels, media-specific
points of compliance to be applied to remediation at a facility, or other
remedy selection decisions.