Section 250-RICR-140-10-1.17 - Corrective Action1.17.1Applicability:A. For a facility owner or operator seeking a new permit or a renewal permit (including a post closure permit) for the treatment, storage, or disposal of hazardous waste, the corrective action provisions of 40 C.F.R. § 264.101(a)-(c) are incorporated by reference. These provisions in 40 C.F.R. § 264.101 do not apply to a remediation waste management site unless it is part of a facility subject to a permit for treating, storing, or disposing of hazardous wastes that are not remediation wastes.B. Additional requirements to address releases from certain types of solid waste management units, including regulated units (as defined in 40 C.F.R. § 264.90(a) (2)) and miscellaneous units, are provided in 40 C.F.R. § 264.90 through 100, that are incorporated by reference.C. Pursuant to State law, The Department's Rules and Regulations for the Investigation and Remediation of Hazardous Material Releases (Subchapter 30 Part 1 of this Chapter) applies to remediation waste management sites, including, but not limited to, facilities and solid waste management units subject to the additional requirements of §§1.17.1(A) and (B) of this Part. The Department has the authority to require additional remediation measures on a case by case basis, when necessary to protect human health and the environment, in accordance with 40 C.F.R. § 270.32.1.17.2Permitting Options:A. A facility owner or operator that is required by the Department to obtain a permit to treat, store, or dispose of remediation waste that is hazardous shall comply with § 1.9 of this Part permitting requirements or shall seek a Remedial Action Plan permit ("RAP"). 40 C.F.R. Part 270 Subpart H is incorporated by reference except as follows: 1. In 270.80(a), replace "§§270.3 through 270.66 " with "§ 1.9 of this Part"2. In 270.85(a)(1), replace §§270.3 through 270.66 " with "§ 1.9 of this Part".3. In 270.140 and 270.150, replace "issuing Regional Office" with "Department".4. In 270.155, replace the "EPA's Environmental Appeals Board", "the Environmental Appeals Board", and "the Board" with "the Department's Administrative Adjudication Division".5. In 270.155, add "(c) All appeals shall be in writing and shall be filed with the clerk of the Administrative Adjudication Division within thirty (30) calendar days of the Director's decision to approve or deny the RAP. All appeals shall be heard before Division of Administrative Adjudication hearing officers."6. In 270.190, replace "EPA's Environmental Appeals Board" and "the Environmental Appeals Board" with "the Department's Administrative Adjudication Division".7. In 270.190 add "(c)(4) The letter from the appealing person shall be filed with the clerk of the Department's Administrative Adjudication Division within thirty (30) calendar days of the Director's issuance of the decision."8. Delete 270.215(c) and (d).9. In 270.230(e), before the colon add "(provided the alternate locations are not at facilities subject to permits for treating, storing, or disposing of hazardous wastes that are not remediation wastes.)"1.17.3Management of Remediation Waste:A. The owner or operator of a remediation waste management site may seek to employ one or more of the following types of management units for increased flexibility in performing remediation: 1. Corrective Action Management Units (CAMUs) as defined in 40 C.F.R. § 270.2 for treatment, storage, and/or disposal of remediation waste;2. Temporary Units (TUs) for treatment and/or storage of remediation waste under 40 C.F.R. § 264.553;3. Staging Piles for storage of remediation waste.B. These management units are defined in and subject to the provisions and conditions of 40 C.F.R. § 264.550 through 265.554, that are incorporated by reference.C. The owner or operator of a remediation waste management site may choose to treat remediation waste and then dispose of it in a permitted hazardous waste landfill, provided the waste is at least treated and disposed of according to the provisions and conditions of 40 C.F.R. § 264.555, that is incorporated by reference.250 R.I. Code R. 250-RICR-140-10-1.17
Amended effective 4/22/2020