Virginia Law

A. General.

1. For the purpose of implementing remedies under 9VAC20-81-45 or under the Voluntary Remediation Regulations (9VAC20-160), the director may designate an area of a facility as a remediation waste management unit (RWMU) as defined in Part I (9VAC20-81-10 et seq.) of this chapter. One of more RWMUs may be designated at a facility.

2. The director may designate a unit subject to this chapter as an RWMU or incorporate such a unit into a designated RWMU if:

a. The unit is closed or has begun the closure process under 9VAC20-81-160 C; and

b. Inclusion of the unit will enhance implementation of effective, protective, and reliable remedial actions for the facility.

3. Consolidation or placement of remediation wastes into a designated RWMU does not constitute creation of a unit subject to the siting, design, and operation requirements of Part III (9VAC20-81-120, 9VAC20-81-130, and 9VAC20-81-140) and the permitting requirements of Part V (9VAC20-81-400 et seq.) of this chapter.

4. The applicable requirements for groundwater monitoring and closure under 9VAC20-81-250 and 9VAC20-81-160 will continue to apply to the RWMU.

B. Criteria for designating RWMUs. The director will designate an RWMU if he finds that:

1. The RWMU shall facilitate the implementation of reliable, protective and cost-effective remedies;

2. Waste management activities associated with the RWMU shall not create unacceptable risks to humans or to the environment resulting from exposure to solid wastes and solid waste constituents;

3. If an inclusion of uncontaminated areas of the facility into an RWMU is requested, such an inclusion will be more protective than management of such wastes at contaminated areas of the facility;

4. Areas within the RWMU where wastes remain in place after closure of the RWMU shall be managed and contained so as to minimize future releases, to the extent practicable;

5. The RWMU shall expedite the timing of the remedial activity implementation when appropriate and practicable;

6. The RWMU shall enable the use, when appropriate, of treatment technologies (including innovative treatment 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 RWMU; and

7. The RWMU shall, to the extent practicable, minimize the land area of the facility upon which wastes will remain in place after closure of the RWMU.

C. Requirements. The director will specify the requirements for RWMUs to include, but not be limited to, the following:

1. The areal configuration of the RWMU;

2. Requirements for remediation waste management to include the specification of applicable design, operation and closure requirements;

3. Requirements for groundwater monitoring that:

a. Continue to detect and to characterize the nature, extent, concentration, direction, and movement of existing releases of solid waste constituents in groundwater from sources located within the RWMU; and

b. Detect and subsequently characterize releases of solid waste constituents to groundwater that may occur from areas of the RWMU in which wastes will remain in place after closure of the RWMU.

4. Closure and postclosure care requirements:

a. Closure of RWMUs 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, postclosure escape of solid waste, solid waste constituents, leachate, contaminated run-off, or waste decomposition products to the ground, surface waters, or the atmosphere.

b. Requirements for closure of an RWMU shall include the following, as appropriate and deemed necessary by the director for a given RWMU:

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

(2) For areas in which wastes will remain in place after closure of the RWMU, requirements for capping of such areas; and

(3) Requirements for decontamination of equipment, devices, and structures in remediation waste management activities within the RWMU.

c. In establishing specific closure requirements for RWMUs, the director will consider the following factors:

(1) RWMU characteristics;

(2) Volume of waste that remains in place after closure;

(3) Potential for releases from the RWMU;

(4) Physical and chemical characteristics of the waste;

(5) Hydrological and other relevant environmental conditions at the facility that 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 RWMU.

d. Postclosure 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 in order to ensure the integrity of any final cap, final cover, or other containment system.

5. The director will document the rationale for designating RWMUs.

6. The designation of an RWMU 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.

1. Temporary tanks and container storage areas may be used for treatment or storage of remediation wastes during remedial activities, if the director determines that design, operating, or closure standards applicable to RWMUs may be replaced by alternative requirements that are protective of human health and the environment.

2. Any temporary unit to which alternative requirements are applied shall be:

a. Located within the facility boundary; and

b. Used only for the treatment or storage of remediation wastes.

3. In establishing standards to be applied to temporary units, the director will consider the following factors:

a. Length of time such unit will be in operation;

b. Type of unit;

c. Volumes of waste to be managed;

d. Physical and chemical characteristics of the waste to be managed in the unit;

e. Potential for releases from the unit;

f. Hydrogeological and other relevant environmental conditions at the facility that may influence migration of any potential releases; and

g. Potential for exposure of humans and environmental receptors if releases were to occur from the unit.

4. The director will specify the length of time a temporary unit will be allowed to operate, to be no longer than a period of one year. The director will also specify the design, operating, and closure requirements for the unit.

5. The director may extend the operational period of a temporary unit once for a period of one year beyond that originally specified, if the director determines that:

a. Continued operation of the unit will not pose a threat to human health and the environment; and

b. Continued operation of the unit is necessary to ensure timely and efficient implementation of the remedial actions at the facility.