R 299.9524 Remedial action plans.

Rule 524. 

(1)  The requirements of this rule apply to remedial action plans and owners or operators seeking remedial action plans to authorize the treatment, storage, or disposal of hazardous remediation waste at a remediation waste management site.

(2)  A remedial action plan shall only be issued for the area of contamination where the remediation wastes to be managed under the plan originated, or areas in close proximity to the contaminated area, except as allowed in limited circumstances under 40 C.F.R. §270.230.

(3)  The requirements of part 5 of these rules do not apply to remedial action plans, with the exception of R 299.9516, unless otherwise specified in this rule.

(4)  Notwithstanding any other provision of part 5 of these rules or this rule, any document that meets the requirements of this rule, constitutes a construction permit or operating license under part 111 of the act.

(5)  A remedial action plan may include either of the following:

            (a)  A stand-alone document that includes only the information and conditions required in this rule. 

            (b)  A part or parts of another document that includes information or conditions for other activities at the remediation waste management site, in addition to the information and conditions required by this rule.

(6)  The treatment, storage, or disposal of hazardous remediation wastes under a remedial action plan as part of a cleanup compelled by federal or state cleanup authorities does not affect obligations that exist under such authorities in any way.

(7)  The issuance of a remedial action plan to the owner or operator of a facility operating under interim status does not terminate the interim status of the facility.

(8)  Treatment units that involve the combustion of hazardous remediation wastes at remediation waste management sites are not eligible for remedial action plans under this rule.

(9)  An owner or operator of a facility already permitted or licensed under these rules may obtain approval of a remedial action plan for managing hazardous remediation waste at the facility by modifying the existing permit or license in accordance with the requirements of R 299.9519 and R 299.9520, except the requirements of R 299.9519(6)(a)(v) and (10)(d), thereby making the remedial action plan part of the permit or license.  Requests to modify the permit or license shall include the information specified in 40 C.F.R. §270.110.  Once incorporated into the permit or license, the remedial action plan is subject to the requirements for permit or license modification, revocation, reissuance, termination, and duration and effect provisions of part 5 of these rules.

(10)  Owners or operators seeking a remedial action plan and owners or operators with existing remedial action plans shall comply with the requirements of this rule and 40 C.F.R. part 270, subpart H, except §§270.80, 270.85, 270.90, 270.155, 270.160, 270.190, and 270.195.

(11)  Final decisions on remedial action plan applications and remedial action plans shall be subject to the appeal processes for operating licenses which are established under the act and act 306.

(12)  A remedial action plan shall become effective 30 days after the director notifies the owner or operator and all persons which provided comments on the draft plan that the plan is approved, except under any of the following conditions:

            (a)  The director specifies a later effective date as part of the final decision.

            (b)  The owner or operator or another person has appealed the remedial action plan.

            (c)  No persons requested a change in the draft remedial action plan, in which case the plan becomes effective immediately when it is issued.

(13)  Remedial action plans shall be issued for a fixed term, not to exceed 10 years, although the plans may be renewed upon approval by the director in fixed increments of not more than 10 years.  Each remedial action plan for hazardous waste land disposal shall be reviewed by the director 5 years after the date of issuance or reissuance and shall be modified as necessary to ensure that the owner or operator is in compliance with the requirements of part 111 of the act and these rules. 

(14)  The provisions of 40 C.F.R. part 270, subpart H, except §§270.80, 270.85, 270.90, 270.155, 270.160, 270.190, and 270.195 are adopted by reference in R 299.11003.  For the purposes of this adoption the words "part 5 of these rules" shall replace the words "§§270.3 through 270.66," the words "parts 6 and 8 of these rules" shall replace the words "part 264 and 266," the words "this act and act 306" shall replace the words "§270.155," the words "R 299.9519 and R 299.9520" shall replace the words "§§270.40 through 270.43," "§§270.41 and 270.43," and "§270.43,"  The words "these rules" shall replace the words "parts 124, 260 through 266 and 270 of this chapter," the words "part 7 of these rules" shall replace the words "part 264, subpart H, of this chapter," the word "R 299.9511" shall replace the words "§§124.31, 124.32, and 124.33 of this chapter," and the word "R 299.9629" shall replace the word "§264.101."