§ 66264.552.5. Corrective Action Management Units for Non-Rcra Hazardous Waste.

(a) For the purpose of implementing corrective actions under this article, Health and Safety Code sections 25200.10, 25187, or 25200.14, or section 25358.9 where as provided for under the provisions of that section the Department has excluded the removal or remedial action at a site from the hazardous waste facilities permit required by Health and Safety Code section 25201, or federal RCRA Section 3005 [Title 42, U.S.C., section 6925], the Department may designate an area at the facility as a corrective action management unit, as defined in section 66260.10, in accordance with the requirements of this section. One or more corrective action management units may be designated at a facility.

(1) Placement of remediation wastes into or within a corrective action management unit does not constitute land disposal of hazardous wastes.

(2) Consolidation or placement of remediation wastes into or within a corrective action management unit does not constitute creation of a unit subject to minimum technology requirements.

(b)(1) The Department may designate a regulated unit [as defined in section 66264.90(a)] as a corrective action management unit, or may incorporate a regulated unit into a corrective action management unit, if:

(A) the regulated unit is closed or closing, meaning it has begun the closure process under section 66264.113 of chapter 14 or section 66265.113 of chapter 15 of this division; and

(B) inclusion of the regulated unit will enhance implementation of effective, protective and reliable corrective actions for the facility.

(2) The article 6, 7, 8, and 17 requirements of this chapter or article 6, 7, 8, and 18 requirements of chapter 15 and the unit-specific requirements of chapters 14 or 15 that applied to that regulated unit will continue to apply to that portion of the corrective action management unit after incorporation into the corrective action management unit.

(c) The Department shall designate a corrective action management unit in accordance with the following:

(1) The corrective action management unit shall facilitate the implementation of reliable, effective, protective, and cost-effective corrective action measures;

(2) Waste management activities associated with the corrective action management unit shall not create unacceptable risks to humans or to the environment resulting from exposure to hazardous wastes, hazardous substances, or hazardous constituents;

(3) The corrective action management unit 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 corrective action management unit, where wastes remain in place after closure of the corrective action management unit, shall be managed and contained so as to minimize future releases, to the extent practicable;

(5) The corrective action management unit shall expedite the timing of corrective action activity implementation, when appropriate and practicable;

(6) The corrective action management unit shall enable the use, when appropriate, of treatment technologies (including innovative technologies) to enhance the long-term effectiveness of corrective actions by reducing the toxicity, mobility, or volume of wastes that will remain in place after closure of the corrective action management unit; and

(7) The corrective action management unit shall, to the extent practicable, minimize the land area of the facility upon which wastes will remain in place after closure of the corrective action management unit.

(d) The owner or operator shall provide sufficient information to enable the Department to designate a corrective action management unit in accordance with the criteria in this section.

(e) The Department shall specify, in the permit or order, requirements for corrective action management units to include the following:

(1) The areal configuration of the corrective action management unit.

(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:

(A) 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 corrective action management unit; and

(B) detect and subsequently characterize releases of hazardous constituents to ground water that may occur from areas of the corrective action management unit in which wastes will remain in place after closure of the corrective action management unit.

(4) Closure and post-closure requirements.

(A) closure of corrective action management units shall:

1. minimize the need for further maintenance; and

2. 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.

(B) requirements for closure of corrective action management units shall include the following, as appropriate and as deemed necessary by the Department for a given corrective action management unit:

1. requirements for excavation, removal, treatment or containment of wastes;

2. for areas in which wastes will remain after closure of the corrective action management unit, requirements for capping of such areas; and

3. requirements for removal and decontamination of equipment, devices, and structures used in remediation waste management activities within the corrective action management unit.

(C) in establishing specific closure requirements for corrective action management units under this subsection, the Department shall consider the following factors:

1. corrective action management unit characteristics;

2. volume of wastes which remain in place after closure;

3. potential for releases from the corrective action management unit;

4. physical and chemical characteristics of the waste;

5. hydrogeological and other relevant environmental conditions at the facility which may influence the migration of any potential or actual releases; and

6. potential for exposure of humans and environmental receptors if releases were to occur from the corrective action management unit.

(D) 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 hich 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 corrective action management units and shall make such documentation available to the public.

(g) Incorporation of a corrective action management unit into an existing permit shall be approved by the Department according to the procedures for Department-initiated permit modifications under section 66270.41 of chapter 20 of this division, or according to the permit modification procedures of section 66270.42 of chapter 20 of this division.

(h) The designation of a corrective action management unit does not change the Department's existing authority to address clean-up levels, media-specific points of compliance to be applied to corrective action at a facility, or other corrective action selection decisions.

HISTORY

1. Change without regulatory effect renumbering former section 66264.552 to new section 66264.552.5, including amendment of section heading and Note, filed 7-19-2004 pursuant to section 100, title 1, California Code of Regulations (Register 2004, No. 30).

2. Change without regulatory effect amending Note filed 1-7-2013 pursuant to section 100, title 1, California Code of Regulations (Register 2013, No. 2).

Note

Note: Authority cited: Sections 58102 of the Governor's Reorganizational Plan # 1 of 1991; and Sections 25150, 25159, 25187, 25200.10, 25358.9, 58004 and 58012, Health and Safety Code. Reference: Sections 25150, 25159, 25159.5, 25187, 25200, 25200.10, 25200.14, 25316, 25355.5, 25358.3 and 25358.9, Health and Safety Code; 40 CFR Section 264.552.