N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 373-2.19

Current through Register Vol. 46, No. 45, November 2, 2024

Section 373-2.19 - Special provisions for cleanup

(a)Applicability of corrective action management unit (CAMU) regulations.

(1) Except as provided in paragraph (2) of this subdivision, CAMUs are subject to the requirements of subdivision (c) of this section.

(2) 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 subdivision (b) of this section for grandfathered CAMUs; CAMU waste, activities, and design will not be subject to the standards in subdivision (c) of this section, so long as the waste, activities, and design remain within the general scope of the CAMU as approved.

(b)Grandfathered corrective action management units (CAMUs).

(1) To implement remedies under section 373-2.6(l) of this Subpart, ECL 71-2727(3), or RCRA section 3008(h), or to implement remedies at a permitted facility that is not subject to section 373-2.6(l) of this Subpart, the department may designate an area at the facility as a corrective action management unit, under the requirements of this subdivision. 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 CAMU's may be designated at a facility.

(i) Placement of remediation wastes into or within a CAMU does not constitute land disposal of hazardous wastes.

(ii) Consolidation or placement of remediation wastes into or within a CAMU does not constitute creation of a unit subject to minimum technology requirements.

(2)

(i) The department may designate a regulated unit (as defined in section 373-2.6[a][1][ii] of this Subpart) as a CAMU, or may incorporate a regulated unit into a CAMU, if:

(a) the regulated unit is closed or closing, meaning it has begun the closure process under section 373-2.7(d) or 373-3.7(d) of this Part; and

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

(ii) The section 373-2.6, 373-2.7, 373-2.8, 373-3.6, 373-3.7, and 373-3.8 requirements and the unit-specific requirements of this Subpart or Subpart 373-3 of this Title that applied to that regulated unit will continue to apply to that portion of the CAMU after incorporation into the CAMU.

(3) The department shall designate a CAMU in accordance with the following:

(i) the CAMU shall facilitate the implementation of reliable, effective, protective, and cost-effective remedies;

(ii) 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;

(iii) 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;

(iv) 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;

(v) the CAMU shall expedite the timing of remedial activity implementation, when appropriate and practicable;

(vi) 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

(vii) 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.

(4) The owner /operator shall provide sufficient information to enable the department to designate a CAMU in accordance with the criteria in subdivision (a) of this section.

(5) The department shall specify, in the permit or order, requirements for CAMU's to include the following:

(i) The areal configuration of the CAMU.

(ii) Requirements for remediation waste management to include the specification of applicable design, operation and closure requirements.

(iii) 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 CAMU; and

(b) 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.

(iv) 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, of hazardous waste decomposition products to the ground, to surface waters, or to the atmosphere.

(b) Requirements for closure of CAMUs shall include the following, as appropriate and as deemed necessary by the department for a given CAMU:

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

(2) for areas in which wastes will remain after closure of the CAMU, 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 CAMU.

(c) In establishing specific closure requirements for CAMUs under paragraph (a)(5) of this section, the department shall consider the following factors:

(1) CAMU characteristics;

(2) volume of wastes which remain in place after closure;

(3) potential for releases from the CAMU;

(4) physical and chemical characteristics of the waste;

(5) hydrological 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 from the CAMU were to occur.

(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 which such activities shall be performed to ensure the integrity of any cap, final cover, or other containment system.

(6) The department shall document the rationale for designating CAMUs and shall make such documentation available to the public.

(7) Incorporation of a CAMU into an existing permit must be approved by the department according to the procedures for department-initiated modifications under section 373-1.7(b) of this Part, or according to the permit modification procedures of section 373-1.7 of this Part.

(8) 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.

(c)Corrective action management units (CAMU).

(1) To implement remedies under section 373-2.6(l) of this Subpart, ECL 71-2727(3), or RCRA section 3008(h), or to implement remedies at a permitted facility that is not subject to section 373-2.6(l) of this Subpart, the department may designate an area at the facility as a corrective action management unit under the requirements in this subdivision. 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.

(i)CAMU-eligible waste means:

(a) 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;

(b) wastes that would otherwise meet the description in clause (a) of this subparagraph are not "CAMU-eligible wastes" where:

(1) 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

(2) the department exercises the discretion in subparagraph (ii) of this paragraph to prohibit the wastes from management in a CAMU;

(c) notwithstanding clause (a) of this subparagraph, where appropriate, as-generated non-hazardous waste maybe placed in a CAMU where such waste is being used to facilitate treatment or the performance of the CAMU.

(ii) 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 Part 376 of this Title, or applicable unit design requirements of this Subpart, or applicable unit design requirements of Subpart 373-3 of this Part, or that non-compliance with other applicable requirements of this Title likely contributed to the release of the waste.

(iii) Prohibition against placing liquids in CAMUs.

(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 373-2.14(j)(2) of this Subpart 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 which is not a hazardous waste in a CAMU is prohibited unless such placement facilitates the remedy selected for the waste.

(d) The absence or presence of free liquids in either a containerized or a bulk waste must be determined in accordance with section 373-2.14(j)(3) of this Subpart. Sorbents used to treat free liquids in CAMUs must meet the requirements of section 373-2.14(j)(4) of this Subpart.

(iv) Placement of CAMU-eligible wastes into or within, a CAMU does not constitute land disposal of hazardous wastes.

(v) Consolidation or placement of CAMU-eligible wastes into or within a CAMU does not constitute creation of a unit subject to minimum technology requirements.

(2)

(i) The department may designate a regulated unit (as defined in section 373-2.6[a][1][ii] of this Subpart) as a CAMU, or may incorporate a regulated unit into a CAMU. if:

(a) the regulated unit is closed or closing, meaning it has begun the closure process under section 373-2.7(d) of this Subpart or section 373-3.7(d) of this Part; and

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

(ii) The section 373-2.6, 373-2.7, 373-2.8, 373-3.6, 373-3.7, and 373-3.8 requirements and the unit-specific requirements of this Subpart or Subpart 373-3 of this Part that applied to the regulated unit will continue to apply to that portion of the CAMU after incorporation into the CAMU.

(3) The department shall designate a CAMU that will be used for storage and/or treatment only in accordance with paragraph (6) of this subdivision. The department shall designate all other CAMUs in accordance with the following:

(i) the CAMU shall facilitate the implementation of reliable, effective, protective, and cost-effective remedies;

(ii) 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;

(iii) 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;

(iv) 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;

(v) the CAMU shall expedite the timing of remedial activity implementation, when appropriate and practicable;

(vi) 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

(vii) 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.

(4) The owner/operator shall provide sufficient information to enable the department to designate a CAMU in accordance with the criteria in this subdivision. This must include, unless not reasonably available, information on:

(i) 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);

(ii) whether the waste was listed or identified as hazardous at the time of disposal and/or release; and

(iii) whether the disposal and/or release of the waste occurred before or after the land disposal requirements of Part 376 of this Title were in effect for the waste listing or characteristic.

(5) The department shall specify, in the permit or order, requirements for CAMUs to include the following:

(i) the areal configuration of the CAMU;

(ii) except as provided in paragraph (7) of this subdivision, requirements for CAMU-eligible waste management to include the specification of applicable design, operation, treatment and closure requirements; and

(iii) minimum design requirements: CAMUs, except as provided in paragraph (6) of this subdivision, into which wastes are placed must be designed in accordance with the following:

(a) Unless the department approves alternate requirements under clause (b) of this subparagraph, 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 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) Alternate requirements. The department may approve alternate requirements if:

(1) 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 clause (a) of this subparagraph; or

(2) 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.

(iv) Minimum treatment requirements. Unless the wastes will be placed in a CAMU for storage and/or treatment only in accordance with paragraph (6) of this subdivision, CAMU-eligible wastes that, absent this section, would be subject to the treatment requirements of Part 376 of this Title, and that the department determines contain principal hazardous constituents must be treated to the standards specified in clause (c) of this subparagraph.

(a) Principal hazardous constituents are those 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.

(1) 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.

(2) 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.

(3) 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.

(b) In determining which constituents are "principal hazardous constituents," the department must consider all constituents which, absent this section, would be subject to the treatment requirements in Part 376 of this Title.

(c) Waste that the department determines contains principal hazardous constituents must meet treatment standards determined in accordance with clause (d) or (e) of this subparagraph.

(d) Treatment standards for wastes placed in CAMUs.

(1) For non-metals, treatment must achieve 90 percent reduction in total principal hazardous constituent concentrations, except as provided by subclause (3) of this clause.

(2) 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 subclause (3) of this clause.

(3) 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 section 376.4(j) Table UTS of this Title.

(4) For waste exhibiting the hazardous characteristic of ignitability, corrosivity or reactivity, the waste must also be treated to eliminate these characteristics.

(5) For debris, the debris must be treated in accordance with section 376.4(g) of this Title, or by methods or to levels established under subclauses (1) through (4) or clause (e) of this subparagraph, whichever the department determines is appropriate.

(6) 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 (SW-846 Method 1311, as incorporated by reference in section 370.l[e] of this Title) 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.

(e) Adjusted standards. The department may adjust the treatment level or method in clause (d) of this subparagraph 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:

(1) the technical impracticability of treatment to the levels or by the methods in clause (d) of this subparagraph;

(2) the levels or methods in clause (d) of this subparagraph 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);

(3) the views of the affected local community on the treatment levels or methods in clause (d) of this subparagraph as applied at the site, and, for treatment levels, the treatment methods necessary to achieve these levels;

(4) the short-term risks presented by the on-site treatment method necessary to achieve the levels or treatment methods in clause (d) of this subparagraph;

(5) the long-term protection offered by the engineering design of the CAMU and related engineering controls:

(i) where the treatment standards in clause (d) of this subparagraph 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 liner and leachate collection requirements for new land disposal units at section 373-2.14(c)(3) and (4) of this Subpart;

(iii) where, after review of appropriate treatment technologies, the department determines that cost-effective treatment is not reasonably available, and the CAMU meets the liner and leachate collection requirements for new land disposal units at section 373-2.14(c)(3) and (4) of this Subpart;

(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 clause (iii)(a) and (b) of this paragraph, or the CAMU provides substantially equivalent or greater protection.

(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 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.

(v) Except as provided in paragraph (6) of this subdivision, requirements for ground water monitoring and corrective action 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 CAMU;

(b) 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

(c) 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.

(vi) Except as provided in paragraph (6) of this subdivision, 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 wastes, 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 CAMUs shall include the following, as appropriate and as deemed necessary by the department for a given CAMU:

(1) requirements for excavation, removal, treatment or containment of wastes; and

(2) 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 CAMUs under this paragraph, the department shall consider the following factors:

(1) CAMU characteristics;

(2) volume of wastes which remain in place after closure;

(3) potential for releases from the CAMU;

(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 CAMU;

(d) cap requirements:

(1) 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 subclause (2) of this clause:

(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.

(2) the department may determine that modifications to subclause (1) of this clause are needed to facilitate treatment or the performance of the CAMU (e.g., to promote biodegradation);

(e) 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.

(6) 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 this section, except as follows:

(i) 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 clause (e)(4)(i)(c) of this section, and paragraphs (e)(8) and (9) of this section are subject to the requirements for staging piles at clauses (e)(4)(i)(a) and (b) of this section, subparagraph (e)(4)(ii) of this section, paragraphs (e)(5) and (6) of this section, and paragraphs (e)(10) and (11) of this section in lieu of the performance standards and requirements for CAMUs in this subdivision at paragraph (3) and subparagraphs (5)(iii) through (vi) of this subdivision.

(ii) 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 clause (e)(4)(i)(c) of this section, and paragraphs (e)(8) and (9) of this section:

(a) 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

(b) are subject to the requirements for staging piles at clauses (e)(4)(i)(a) and (b) of this section, subparagraph (e)(4)(ii) of this section, paragraphs (e)(5) and (6) of this section, and paragraphs (e)(10) and (11) of this section in lieu of the performance standards and requirements for CAMUs in this section at paragraph (3) and subparagraphs (5)(iv) and (vi) of this subdivision.

(7) 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 clause (5)(iii)(a) of this subdivision, caps at clause (5)(vi)(d) of this subdivision, ground water monitoring requirements at subparagraph (5)(v) of this subdivision or, for treatment and/or storage-only CAMUs, the design standards at paragraph (6) of this subdivision.

(8) 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 clause (5)(iv)(e) of this subdivision to the treatment standards in subparagraph (5)(iv) of this subdivision.

(9) Notwithstanding any other provision of this section, the department may impose additional requirements as necessary to protect human health and the environment.

(10) Incorporation of a CAMU into an existing permit must be approved by the department according to the procedures for department-initiated permit modifications under section 373-1.7(b) of this Part and section 621.14 of this Title or according to the permit modification procedures of section 373-1.7(b) of this Part and section 621.13 of this Title.

(11) 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.

(d)Temporary units (TU).

(1) For temporary tanks and container storage areas used to treat or store hazardous remediation wastes during remedial activities required under section 373-2.6(l) of this Subpart, ECL 71-2727(3), or RCRA section 3008(h), or at a permitted facility that is not subject to section 373-2.6(l) of this Subpart, the department may designate a unit at the facility, as a temporary unit. A temporary unit must be 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 this Subpart or Subpart 373-3 of this Part, with alternative requirements which are protective of human health and the environment.

(2) Any temporary unit to which alternative requirements are applied in accordance with paragraph (1) of this subdivision shall be:

(i) located within the facility boundary; and

(ii) used only for treatment or storage of remediation wastes.

(3) In establishing standards to be applied to a temporary unit, the department shall consider the following factors:

(i) length of time such unit will be in operation;

(ii) type of unit;

(iii) volumes of wastes to be managed;

(iv) physical and chemical characteristics of the wastes to be managed in the unit;

(v) potential for releases from the unit;

(vi) hydrogeological and other relevant environmental conditions at the facility which may influence the migration of any potential releases; and

(vii) potential for exposure of humans and environmental receptors if releases were to occur from the unit.

(4) 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 closing requirements for the unit.

(5) 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:

(i) continued operation of the unit will not pose a threat to human health and the environment; and

(ii) continued operation of the unit is necessary to ensure timely and efficient implementation of remedial actions at the facility.

(6) Incorporation of a temporary unit or time extension for a temporary unit into an existing permit shall be:

(i) approved in accordance with the procedures for department-initiated permit modifications under section 373-1.7(b) of this Part; or

(ii) requested by the owner/operator as a modification according to the procedures under section 373-1.7 of this Part.

(7) 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.

(e)Staging piles.

This subdivision is written in a special format to make it easier to understand the regulatory requirements. Like other department regulations, this establishes enforceable legal requirements. "I" and "you" refer to the owner/operator.

(1) What is a staging pile? A staging pile is an accumulation of solid, non-flowing remediation waste (as defined in section 370.2 of this Title) 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 subdivision.

(i) For the purposes of this subdivision, 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.

(ii) [Reserved]

(2) 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 section 373-1.3[g][1][v] and [2] [v] of this Part). The department must establish conditions in the permit, closure plan, or order that comply with paragraphs (4) through (11) of this subdivision.

(3) What information must I provide to get a staging pile designated? When seeking a staging pile designation, you must provide:

(i) sufficient and accurate information to enable the department to impose standards and design criteria for your staging pile according to paragraphs (4) through (11) of this subdivision;

(ii) certification by an independent, qualified professional engineer licensed in New York State, 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

(iii) any additional information the department determines is necessary to protect human health and the environment.

(4) 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.

(i) The standards and design criteria must comply with the following:

(a) the staging pile must facilitate a reliable, effective and protective remedy;

(b) 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 environment (for example, through the use of liners, covers, run-off/run-on controls, as appropriate); and

(c) the staging pile must not operate for more than two years, except when the department grants an operating term extension under paragraph (9) of this subdivision (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.

(ii) Establishing the standards and design criteria, the department must consider the following factors:

(a) length of time the pile will be in operation;

(b) volumes of wastes you intend to store in the pile;

(c) physical and chemical characteristics of the wastes to be stored in the unit;

(d) potential for releases from the unit;

(e) hydrogeological and other relevant environmental conditions at the facility that may influence the migration of any potential releases; and

(f) potential for human and environmental exposure to potential releases from the unit.

(5) May a staging pile receive ignitable or reactive remediation waste? You must not place ignitable or reactive remediation waste in a staging pile unless:

(i) you have treated, rendered or mixed the remediation waste before you placed it in the staging pile so that:

(a) the remediation waste no longer meets the definition of ignitable or reactive under section 371.3(b) or (d) of the Title; and

(b) you have complied with section 373-2.2(i)(2) of this Subpart; or

(ii) you manage the remediation waste to protect it from exposure to any material or condition that may cause it to ignite or react.

(6) How do I handle incompatible remediation wastes in a staging pile? The term incompatible waste is defined in section 370.2 of this Title. You must comply with the following requirements for incompatible wastes in staging piles:

(i) you must not place incompatible remediation wastes in the same staging pile unless you have complied with section 373-2.2(i)(2) of this Subpart;

(ii) 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

(iii) 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 section 373-2.2(i)(2) of this Subpart.

(7) 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).

(8) 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 (9) of this subdivision.

(9) May I receive an operating extension for a staging pile?

(i) 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 [12] of this subdivision 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:

(a) will not pose a threat to human health and the environment; and

(b) is necessary to ensure timely and efficient implementation of remedial actions at the facility.

(ii) 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.

(10) What is the closure requirement for a staging pile located in a previously contaminated area?

(i) 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:

(a) remediation waste;

(b) contaminated containment system components; and

(c) structures and equipment contaminated with waste and leachate.

(ii) 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.

(iii) The department must include the above requirements in the permit, closure plan, or order in which the staging pile is designated.

(11) What is the closure requirement for a staging pile located in an uncontaminated area?

(i) 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 sections 373-2.12(h)(1) and 373-2.7(b) of this Subpart; or according to sections 373-3.12(g)(1) and 373-3.7(b) of this Part.

(ii) The department must include the above requirement in the permit, closure plan, or order in which the staging pile is designated.

(12) How may my existing permit (for example, RAP), closure plan, or order be modified to allow me to use a staging pile?

(i) To modify a permit, other than a RAP, to incorporate a staging pile or staging pile operating term extension, either:

(a) the department must approve the modification under the procedures for department-initiated permit modifications in section 373-1.7 of this Part; or

(b) you must request a major permit modification under the section 373-1.7(d) of this Part and Part 621 of this Title.

(ii) To modify a RAP to incorporate a staging pile or staging pile operating term extension, you must comply with the RAP modification requirements under section 373-1.11(e)(1) of this Part.

(iii) To modify a closure plan to incorporate a staging pile or staging pile operating term extension, you must follow the applicable requirements under section 373-2.7(c)(3) of this Subpart or 373-3.7(c)(3) of this Part.

(iv) 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 section 373-1.3(g)(1)(v) or (2)(v) of this Part.

(13) 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.

(f)Disposal of CAMU-eligible wastes in permitted hazardous waste landfills.

(1) 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 Part 376 of this Title, if the conditions in subparagraphs (i) through (iii) of this paragraph are met:

(i) the waste meets the definition of CAMU-eligible waste in subparagraphs (c)(1)(i) and (ii) of this section;

(ii) the department with regulatory oversight at the location where the cleanup is taking place identifies principal hazardous constitutes in such waste, in accordance with clauses (c)(5)(iv)(a) and (b) of this section, and requires that such principal hazardous constituents are treated to any of the following standards specified for CAMU-eligible wastes:

(a) the treatment standards under clause (c)(5)(iv)(d) of this section; or

(b) treatment standards adjusted in accordance with subclause (c)(5)(iv)(e)(1), (3) or (4) or item (c)(5)(iv)(e)(5)(i) of this section; or

(c) treatment standards adjusted in accordance with item (c)(5)(iv)(e)(5)(ii) of this section, 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;

(iii) the landfill receiving the CAMU-eligible waste must have a RCRA hazardous waste permit, meet the requirements for new landfills in section 373-2.14 of this Subpart, and be authorized to accept CAMU-eligible wastes; for the purposes of this requirement, "permit" does not include interim status.

(2) 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 paragraph (1) of this subdivision. Information required by subparagraphs (c)(4)(i) through (iii) of this section for CAMU applications must be provided, unless not reasonably available.

(3) 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 paragraph (c)(8) of this section. The approval must be specific to a single remediation.

(4) Applicable hazardous waste management requirements for CAMU-eligible waste in this Part, including recordkeeping requirements to demonstrate compliance with treatment standards approved under this section, 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 section 373-1.6(e) of this Part, a landfill may not receive hazardous CAMU-eligible waste under this section unless its permit specifically authorizes receipt of such waste.

(5) For each remediation, CAMU-eligible waste may not be placed in an off-site landfill authorized to receive CAMU-eligible waste in accordance with paragraph (4) of this subdivision until the following additional conditions have been met:

(i) The landfill owner/operator notifies the department responsible for oversight of the landfill and persons on the facility mailing list, maintained in accordance with section 621.6 of this Title, of his or her intent to receive CAMU-eligible waste in accordance with this subdivision; the notice must identify the source of the remediation waste, the principal hazardous constituents in the waste, and treatment requirements.

(ii) 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.

(iii) 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.

(iv) CAMU-eligible wastes may not be placed in the landfill until the department has notified the facility owner/operator that the department does not object to its placement.

(v) If the department objects to the placement or does not notify the facility owner/operator that the department has chosen not to object, the facility may not receive the waste, notwithstanding section 373-1.6(e) of this Part. until the objection has been resolved. or the owner/operator obtains a permit modification in accordance with the procedures of section 373-1.7(b) of this Part and section 621.13 of this Title specifically authorizing receipt of the waste.

(vi) As part of the permit issuance or permit modification process of paragraph (4) of this subdivision, the department may modify, reduce, or eliminate the notification requirements of this paragraph as they apply to specific categories of CAMU-eligible waste, based on minimal risk.

(6) Generators of CAMU-eligible wastes sent off-site to a hazardous waste landfill under this subdivision must comply with the requirements of section 376.1(g)(l)(iv) of this Title; off-site facilities treating CAMU-eligible wastes to comply with this section must comply with the requirements of section 376.1(g)(2)(iv) of this Title, except that the certification must be with respect to the treatment requirements of subparagraph (1)(ii) of this subdivision.

(7) For the purposes of this subdivision only, the design of the CAMU in subclause (c)(5)(iv)(e)(5) of this section means design of the permitted Part 373 landfill.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 373-2.19

Amended New York State Register March 4, 2020/Volume XLII, Issue 09, eff. 4/18/2020