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Code of Federal Regulations Title 40. Protection of Environment § 40.270.230 May I perform remediation waste management activities under a RAP at a location removed from the area where the remediation wastes originated?

Current as of January 02, 2025 | Updated by Findlaw Staff

(a) You may request a RAP for remediation waste management activities at a location removed from the area where the remediation wastes originated if you believe such a location would be more protective than the contaminated area or areas in close proximity.

(b) If the Director determines that an alternative location, removed from the area where the remediation waste originated, is more protective than managing remediation waste at the area of contamination or areas in close proximity, then the Director may approve a RAP for this alternative location.

(c) You must request the RAP, and the Director will approve or deny the RAP, according to the procedures and requirements in this subpart.

(d) A RAP for an alternative location must also meet the following requirements, which the Director must include in the RAP for such locations:

(1) The RAP for the alternative location must be issued to the person responsible for the cleanup from which the remediation wastes originated;

(2) The RAP is subject to the expanded public participation requirements in §§ 124.31, 124.32, and 124.33 of this chapter;

(3) The RAP is subject to the public notice requirements in § 124.10(c) of this chapter;

(4) The site permitted in the RAP may not be located within 61 meters or 200 feet of a fault which has had displacement in the Holocene time (you must demonstrate compliance with this standard through the requirements in § 270.14(b)(11)) (See definitions of terms in § 264.18(a) of this chapter);

Note to paragraph (d)(4):  Sites located in political jurisdictions other than those listed in Appendix VI of part 264 of this chapter, are assumed to be in compliance with this requirement.

(e) These alternative locations are remediation waste management sites, and retain the following benefits of remediation waste management sites:

(1) Exclusion from facility-wide corrective action under § 264.101 of this chapter;  and

(2) Application of § 264.1(j) of this chapter in lieu of part 264, subparts B, C, and D, of this chapter.

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Cite this article: FindLaw.com - Code of Federal Regulations Title 40. Protection of Environment § 40.270.230 May I perform remediation waste management activities under a RAP at a location removed from the area where the remediation wastes originated? - last updated January 02, 2025 | https://codes.findlaw.com/cfr/title-40-protection-of-environment/cfr-sect-40-270-230/

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