(New Rule)
DAR File No.: 40114
Filed: 01/14/2016 02:51:34 PMRULE ANALYSIS
Purpose of the rule or reason for the change:
The Division is renumbering and changing the format of the hazardous waste rules. The change is to help the reader of the rules by providing all of the rules in one place and avoiding incorporation by reference or, when incorporation is necessary, using only one edition of the material incorporated throughout all the hazardous waste rules. In addition, the new rules will include several federal rules that have been adopted at the federal level and need to be adopted by the state to make the Utah rules consistent with federal rule. Rule R315-270 replaces Rule R315-3. (DAR NOTE: The proposed repeal of Rule R315-3 is under DAR No. 40119 in this issue, February 1, 2016, of the Bulletin.)
Summary of the rule or change:
Rule R315-270 replaces Rule R315-3. It also adopts changes in federal rules relating to the definition of solid waste, electronic manifests, cathode ray tubes, coal combustion residuals, carbon dioxide exclusion, corrections and clarifications, and burden reduction changes. All of these changes are required to maintain an approved state program or are required by Utah statue.
State statutory or constitutional authorization for this rule:
Anticipated cost or savings to:
the state budget:
There will be on cost to the state as the rule is not changed but just renumbered or the changes will be absorbed in the current program.
local governments:
Most of the rule is not changed but just renumbered, therefore, there will be no cost to local government. The rule changes that reflect changes in federal rules are all less stringent than current Utah rule and, therefore, will result in cost savings. The actual cost savings will depend on the hazardous waste activities conducted by local government and cannot be quantified.
small businesses:
Most of the rule is not changed but just renumbered, therefore, there will be no cost to small business. The rule changes that reflect changes in federal rules are all less stringent than current Utah rule and, therefore, will result in cost savings. The actual cost savings will depend on the hazardous waste activities conducted by small business and cannot be quantified.
persons other than small businesses, businesses, or local governmental entities:
Most of the rule is not changed but just renumbered, therefore, there will be no cost to other persons. The rule changes that reflect changes in federal rules are all less stringent than current Utah rule and, therefore, will result in cost savings. The actual cost savings will depend on the hazardous waste activities conducted by other persons and cannot be quantified.
Compliance costs for affected persons:
The rule's changes will have no cost to affected persons. The changes may result in cost savings, depending on the hazardous waste management activities conducted, but the cost savings cannot be quantified.
Comments by the department head on the fiscal impact the rule may have on businesses:
The rule's changes will have no cost to business. The changes may result in cost savings, depending on the hazardous waste management activities conducted at a business, but cannot be quantified.
Alan Matheson, Executive Director
The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:
Environmental Quality
Waste Management and Radiation Control, Waste ManagementRoom Second Floor
195 N 1950 W
SALT LAKE CITY, UT 84116-3097Direct questions regarding this rule to:
- Ralph Bohn at the above address, by phone at 801-536-0212, by FAX at 801-536-0222, or by Internet E-mail at rbohn@utah.gov
Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:
03/02/2016
This rule may become effective on:
03/09/2016
Authorized by:
Scott Anderson, Director
RULE TEXT
R315. Environmental Quality, Waste Management and Radiation Control, Waste Management.
R315-270. Hazardous Waste Permit Program.
R315-270-1. Hazardous Waste Permit Program -- Purpose and Scope of These Regulations.
(a) No person shall own, construct, modify, or operate any facility for the purpose of treating, storing, or disposing of hazardous waste without first submitting, and receiving the approval of the Director for, a hazardous waste permit for that facility. However, any person owning or operating a facility on or before November 19, 1980, who has given timely notification as required by section 3010 of the Resource Conservation and Recovery Act (RCRA) of 1976, 42 U.S.C., section 6921, et seq., and who has submitted a proposed hazardous waste permit as required by Section R315-270-1 and Section 19-6-108 for that facility, may continue to operate that facility without violating Section R315-270-1 until such time as the permit is approved or disapproved pursuant to Section R315-270-1.
(b)(1) The Director shall review each proposed hazardous waste permit application to determine whether the application will be in accord with the provisions of Rules R315-260 through 266, 268, 270 and 273, and Section 19-6-108 and, on that basis, shall approve or disapprove the application within the applicable time period specified in Section 19-6-108. If, after the receipt of plans, specifications, or other information required under Rule R315-270 and Section 19-6-108 and within the applicable time period of Section 19-6-108, the Director determines that the proposed construction, installation or establishment or any part of it will not be in accord with the requirements of Rule R315-270 or other applicable rules, he shall issue an order prohibiting the construction, installation or establishment of the proposal in whole or in part. The date of submission shall be deemed to be the date of all required information is provided to the Director as required by Rule R315-270.
(2) Any permit application which does not meet the requirements of Rules 315-260 through 266, 268 270 and 273 shall be disapproved within the applicable time period specified in Section 19-6-108. If within the applicable time period specified in Section 19-6-108 the Director fails to approve or disapprove the permit application or to request the submission of any additional information or modification to the application, the application shall not be deemed approved but the applicant may petition the Director for a decision or seek judicial relief requiring a decision of approval or disapproval.
(3) An application for approval of a hazardous waste permit consists of two parts, part A and part B. For an existing facility, the requirement is satisfied by submitting only part A of the application until the date the Director sets for each individual facility for submitting part B of the application, which date shall be in no case less than six months after the Director gives notice to a particular facility that it shall submit part B of the application.
(c) Scope of the hazardous waste permit requirement. Section 19-6-108 requires a permit for the "treatment," "storage," and "disposal" of any "hazardous waste" as identified or listed in Rule R315-261. The terms "treatment," "storage," "disposal," and "hazardous waste" are defined in Section R315-270-2. Owners and operators of hazardous waste management units shall have permits during the active life, including the closure period, of the unit. Owners and operators of surface impoundments, landfills, land treatment units, and waste pile units that received waste after July 26, 1982, or that certified closure, according to 40 CFR 265.115, which is adopted by reference, after January 26, 1983, shall have post-closure permits, unless they demonstrate closure by removal or decontamination as provided under Subsections R315-270-1(c)(5) and (6), or obtain an enforceable document in lieu of a post-closure permit, as provided under Subsection R315-270-1(c)(7). If a post-closure permit is required, the permit shall address applicable Rule R315-264 groundwater monitoring, unsaturated zone monitoring, corrective action, and post-closure care requirements. The denial of a permit for the active life of a hazardous waste management facility or unit does not affect the requirement to obtain a post-closure permit under Section R315-270-1.
(1) Specific inclusions. Owners and operators of certain facilities require hazardous waste permits as well as permits under other programs for certain aspects of the facility operation. Hazardous waste permits are required for:
(i) Injection wells that dispose of hazardous waste, and associated surface facilities that treat, store or dispose of hazardous waste. However, the owner and operator with a Utah or Federal UIC permit, shall be deemed to have a "permit by rule" for the injection well itself if they comply with the requirements of Subsection R315-270-60(b).
(ii) Treatment, storage, or disposal of hazardous waste at facilities requiring an NPDES permit. However, the owner and operator of a publicly owned treatment works receiving hazardous waste shall be deemed to have a "permit by rule" for that waste if they comply with the requirements of Section R315-270-60(c).
(2) Specific exclusions. The following persons are among those who are not required to obtain a hazardous waste permit:
(i) Generators who accumulate hazardous waste on-site for less than the time periods provided in Section R315-262-34.
(ii) Farmers who dispose of hazardous waste pesticides from their own use as provided in Section R315-262-70;
(iii) Persons who own or operate facilities solely for the treatment, storage or disposal of hazardous waste excluded from regulations under Rule R315-270 by Sections R315-261-4 or 5, small generator exemption.
(iv) Owners or operators of totally enclosed treatment facilities as defined in Section R315-260-10.
(v) Owners and operators of elementary neutralization units or wastewater treatment units as defined in Section R315-260-10.
(vi) Transporters storing manifested shipments of hazardous waste in containers meeting the requirements of Section R315-262-30 at a transfer facility for a period of ten days or less.
(vii) Persons adding absorbent material to waste in a container, as defined in Section R315-260-10, and persons adding waste to absorbent material in a container, provided that these actions occur at the time waste is first placed in the container; and Subsection R315-264-17(b) and Sections R315-264-171, and 172 are complied with.
(viii) Universal waste handlers and universal waste transporters, as defined in Section R315-260-10, managing the wastes listed below. These handlers are subject to regulation under Rule R315-273.
(A) Batteries as described in Section R315-273-2;
(B) Pesticides as described in Section R315-273-3;
(C) Mercury-containing equipment as described in Section R315-273-4; and
(D) Lamps as described in Section R315-273-5.
(3) Further exclusions.
(i) A person is not required to obtain a permit for treatment or containment activities taken during immediate response to any of the following situations:
(A) A discharge of a hazardous waste;
(B) An imminent and substantial threat of a discharge of hazardous waste;
(C) A discharge of a material which, when discharged, becomes a hazardous waste.
(ii) Any person who continues or initiates hazardous waste treatment or containment activities after the immediate response is over is subject to all applicable requirements of Rule R315-270 for those activities.
(iii) In the case of emergency responses involving military munitions, the responding military emergency response specialist's organizational unit shall retain records for three years identifying the dates of the response, the responsible persons responding, the type and description of material addressed, and its disposition.
(4) Permits for less than an entire facility. The Director may issue or deny a permit for one or more units at a facility without simultaneously issuing or denying a permit to all of the units at the facility. The interim status of any unit for which a permit has not been issued or denied is not affected by the issuance or denial of a permit to any other unit at the facility.
(5) Closure by removal. Owners/operators of surface impoundments, land treatment units, and waste piles closing by removal or decontamination under Rule R315-265 standards shall obtain a post-closure permit unless they can demonstrate to the Director that the closure met the standards for closure by removal or decontamination in Section R315-264-228, Subsection R315-264-280(e), or Section R315-264-258, respectively. The demonstration may be made in the following ways:
(i) If the owner/operator has submitted a part B application for a post-closure permit, the owner/operator may request a determination, based on information contained in the application, that Rule R315-264 closure by removal standards were met. If the Director believes that Rule R315-264 standards were met, The Director shall notify the public of this proposed decision, allow for public comment, and reach a final determination according to the procedures in Subsection R315-270-1(c)(6).
(ii) If the owner/operator has not submitted a part B application for a post-closure permit, the owner/operator may petition the Director for a determination that a post-closure permit is not required because the closure met the applicable Rule R315-264 closure standards.
(A) The petition shall include data demonstrating that closure by removal or decontamination standards of Rule R315-264 were met.
(B) The Director shall approve or deny the petition according to the procedures outlined in Subsection R315-270-1(c)(6).
(6) Procedures for closure equivalency determination.
(i) If a facility owner/operator seeks an equivalency demonstration under Subsection R315-270-1(c)(5), the Director shall provide the public, through a newspaper notice, the opportunity to submit written comments on the information submitted by the owner/operator within 30 days from the date of the notice. The Director shall also, in response to a request or at the Director's discretion, hold a public hearing whenever such a hearing might clarify one or more issues concerning the equivalence of the Rule R315-265 closure to a Rule R315-264 closure. The Director shall give public notice of the hearing at least 30 days before it occurs. Public notice of the hearing may be given at the same time as notice of the opportunity for the public to submit written comments, and the two notices may be combined.
(ii) The Director shall determine whether the Rule R315-265 closure met the Rule R315-264 closure by removal or decontamination requirements within 90 days of its receipt. If the Director finds that the closure did not meet the applicable Rule R315-264 standards, the Director shall provide the owner/operator with a written statement of the reasons why the closure failed to meet Rule R315-264 standards. The owner/operator may submit additional information in support of an equivalency demonstration within 30 days after receiving such written statement. The Director shall review any additional information submitted and make a final determination within 60 days.
(iii) If the Director determines that the facility did not close in accordance with Rule R315-264 closure by removal standards, the facility is subject to post-closure permitting requirements.
(7) Enforceable documents for post-closure care. At the discretion of the Director, an owner or operator may obtain, in lieu of a post-closure permit, an enforceable document imposing the requirements of 40 CFR 265.121, which is adopted by reference. "Enforceable document" means an order, a permit, or other document issued by the Director including, but not limited to, a corrective action order issued by EPA under section 3008(h), a CERCLA remedial action, or a closure or post-closure permit.
R315-270-2. Hazardous Waste Permit Program -- Definitions.
The following definitions apply to Rules R315-270 and 124. Terms not defined in Section R315-270-2 have the meaning given by Section R315-260-10 and Section 19-6-102.
(a) "Administrator" means the Administrator of the United States Environmental Protection Agency, or an authorized representative.
(b) "Application" means the information required by the Director under Section R315-270-14 through 29.
(c) "Aquifer" means a geological formation, group of formations, or part of a formation that is capable of yielding a significant amount of water to a well or spring.
(d) "Closure" means the act of securing a Hazardous Waste Management facility pursuant to the requirements of Rule R315-264.
(e) "Component" means any constituent part of a unit or any group of constituent parts of a unit which are assembled to perform a specific function, e.g., a pump seal, pump, kiln liner, kiln thermocouple.
(f) "Corrective Action Management Unit" or CAMU means an area within a facility that is designated by the Director under Sections R315-264-550 through 555 for the purpose of implementing corrective action requirements under Section R315-264-101 and RCRA section 3008(h). A CAMU shall only be used for the management of remediation wastes pursuant to implementing such corrective action requirements at the facility.
(g) "CWA" means the Clean Water Act (formerly referred to as the Federal Water Pollution Control Act or Federal Water Pollution Control Act amendments of 1972) Pub. L. 92-500, as amended by Pub. L. 92-217 and Pub. L. 95-576; 33 U.S.C. 1251 et seq.
(h) "Director" means the Director of the Division of Waste Management and Radiation Control.
(i) "Disposal" has the meaning as found in Section 19-6-102.
(j) "Disposal facility" means a facility or part of a facility at which hazardous waste is intentionally placed into or on the land or water, and at which hazardous waste will remain after closure. The term disposal facility does not include a corrective action management unit into which remediation wastes are placed.
(k) "Draft permit" means a document prepared under Section R315-124-6 indicating the Director's tentative decision to issue or deny, modify, revoke and reissue, terminate, or reissue a permit. A notice of intent to terminate a permit, and a notice of intent to deny a permit, as discussed in Section R315-124-5, are types of draft permits. A denial of a request for modification, revocation and reissuance, or termination, as discussed in Section R315-124-5 is not a "draft permit." A proposed permit is not a draft permit.
(l) "Elementary neutralization unit" means a device which:
(1) Is used for neutralizing wastes only because they exhibit the corrosivity characteristic defined in Section R315-261-22, or are listed in Sections R315-261-30 through 35 only for this reason; and
(2) Meets the definition of tank, tank system, container, transport vehicle, or vessel in Section R315-260-10.
(m) "Emergency permit" means a permit issued in accordance with Section R315-270-61.
(n) "Environmental Protection Agency (EPA)" means the United States Environmental Protection Agency.
(o) "EPA" means the United States Environmental Protection Agency.
(p) "Existing hazardous waste management (HWM) facility" or "existing facility" means a facility which was in operation or for which construction commenced on or before November 19, 1980. A facility has commenced construction if:
(1) The owner or operator has obtained the Federal, State and local approvals or permits necessary to begin physical construction; and either
(2)(i) A continuous on-site, physical construction program has begun; or
(ii) The owner or operator has entered into contractual obligations which cannot be cancelled or modified without substantial loss-for physical construction of the facility to be completed within a reasonable time.
(q) "Facility mailing list" means the mailing list for a facility maintained by the Director in accordance with Subsection R315-124-10(c)(1)(ix).
(r) "Facility" or "activity" means any HWM facility or any other facility or activity, including land or appurtenances thereto, that is subject to regulation under Sections 19-6-101 through 125.
(s) "Federal, State and local approvals or permits necessary to begin physical construction" means permits and approvals required under Federal, State or local hazardous waste control statutes, regulations or ordinances.
(t) "Functionally equivalent component" means a component which performs the same function or measurement and which meets or exceeds the performance specifications of another component.
(u) "Generator" means any person, by site location, whose act, or process produces "hazardous waste" identified or listed in Rule R315-261.
(v) "Ground water" means water below the land surface in a zone of saturation.
(w) "Hazardous waste" means a hazardous waste as defined in Section 19-6-102 and further defined in Section R315-261-3.
(x) "Hazardous Waste Management facility" means all contiguous land, and structures, other appurtenances, and improvements on the land, used for treating, storing, or disposing of hazardous waste. A facility may consist of several treatment, storage, or disposal operational units, for example, one or more landfills, surface impoundments, or combinations of them.
(y) "HWM facility" means Hazardous Waste Management facility.
(z) "Injection well" means a well into which fluids are being injected.
(aa) "In operation" means a facility which is treating, storing, or disposing of hazardous waste.
(bb) "Major facility" means any facility or activity classified as such by the Regional Administrator in conjunction with the Director.
(cc) "Manifest' means the shipping document originated and signed by the generator which contains the information required by Sections R315-262-20 through 27.
(dd) "National Pollutant Discharge Elimination System" means the national program for issuing, modifying, revoking and reissuing, terminating, monitoring and enforcing permits, and imposing and enforcing pretreatment requirements, under sections 307, 402, 318, and 405 of the CWA. The term includes an approved program.
(ee) "NPDES" means National Pollutant Discharge Elimination System.
(ff) "New HWM facility" means a Hazardous Waste Management facility which began operation or for which construction commenced after November 19, 1980.
(gg) "Off-site" means any site which is not on-site.
(hh) "On-site" means on the same or geographically contiguous property which may be divided by public or private right(s)-of-way, provided the entrance and exit between the properties is at a cross-roads intersection, and access is by crossing as opposed to going along, the right(s)-of-way. Non-contiguous properties owned by the same person but connected by a right-of-way which the person controls and to which the public does not have access, is also considered on-site property.
(ii) "Owner or operator" means the owner or operator of any facility or activity subject to regulation under Sections 19-6-101 through 125.
(jj) "Permit" means an operation plan under Section 19-6-108 to implement the requirements of Rules R315-270 and 124. Permit includes permit by rule, Section R315-270-60, and emergency permit, Section R315-270-61. Permit does not include interim status, Sections R315-270-70 through 73, or any permit which has not been the subject of final action by the Director, such as a draft permit or a proposed permit.
(kk) "Permit-by-rule" means a provision of these rules stating that a facility or activity is deemed to have a permit if it meets the requirements of the provision.
(ll) "Person" means person as defined in Subsection 19-1-103(4).
(mm) "Physical construction" means excavation, movement of earth, erection of forms or structures, or similar activity to prepare an HWM facility to accept hazardous waste.
(nn) "POTW" means publicly owned treatment works.
(oo) "Publicly owned treatment works" means any device or system used in the treatment, including recycling and reclamation, of municipal sewage or industrial wastes of a liquid nature which is owned by a State or municipality. This definition includes sewers, pipes, or other conveyances only if they convey wastewater to a POTW providing treatment.
(pp) "RCRA" means the Solid Waste Disposal Act as amended by the Resource Conservation and Recovery Act of 1976, Pub. L. 94-580, as amended by Pub. L. 95-609 and Pub. L. 96-482, 42 U.S.C. 6901 et seq.
(qq) "Regional Administrator" means the Regional Administrator of the appropriate Regional Office of the Environmental Protection Agency or the authorized representative of the Regional Administrator.
(rr) "Remedial Action Plan" (RAP) means a special form of permit that a facility owner or operator may obtain instead of a permit issued under Sections R315-270-3 through 66, to authorize the treatment, storage or disposal of hazardous remediation waste, as defined in Section R315-260-10, at a remediation waste management site.
(ss) "Schedule of compliance" means a schedule of remedial measures included in a permit, including an enforceable sequence of interim requirements, for example, actions, operations, or milestone events, leading to compliance with Sections 19-6-101 through 125 and rules adopted thereunder.
(tt) "SDWA" means the Safe Drinking Water Act, Pub. L. 95-523, as amended by Pub. L. 95-1900; 42 U.S.C. 3001 et seq.
(uu) "Site" means the land or water area where any facility or activity is physically located or conducted, including adjacent land used in connection with the facility or activity.
(vv) "State" means any of the 50 States, the District of Columbia, Guam, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, and the Commonwealth of the Northern Mariana Islands.
(ww) "Storage" means the holding of hazardous waste for a temporary period, at the end of which the hazardous waste is treated, disposed, or stored elsewhere.
(xx) "Transfer facility" means any transportation-related facility including loading docks, parking areas, storage areas and other similar areas where shipments of hazardous waste are held during the normal course of transportation.
(yy) "Transporter" means a person engaged in the off-site transportation of hazardous waste by air, rail, highway or water.
(zz) "Treatment" means any method, technique, or process, including neutralization, designed to change the physical, chemical, or biological character or composition of any hazardous waste so as to neutralize such wastes, or so as to recover energy or material resources from the waste, or so as to render such waste non-hazardous, or less hazardous; safer to transport, store, or dispose of; or amenable for recovery, amenable for storage, or reduced in volume.
(aaa) "UIC" means the Underground Injection Control Program under part C of the Safe Drinking Water Act, including an approved program.
(bbb) "Underground injection" means a well injection.
(ccc) "Underground source of drinking water" means an aquifer or its portion:
(1)(i) Which supplies any public water system; or
(ii) Which contains a sufficient quantity of ground water to supply a public water system; and
(A) Currently supplies drinking water for human consumption; or
(B) Contains fewer than 10,000 mg/l total dissolved solids; and
(2) Which is not an exempted aquifer.
(ddd) "USDW" means underground source of drinking water.
(eee) "Wastewater treatment unit" means a device which:
(1) Is part of a wastewater treatment facility which is subject to regulation under Rule R317-1 through 15; and
(2) Receives and treats or stores an influent wastewater which is a hazardous waste as defined in Section R315-261-3, or generates and accumulates a wastewater treatment sludge which is a hazardous waste as defined in Section R315-261-3, or treats or stores a wastewater treatment sludge which is a hazardous waste as defined in Section R315-261-3; and
(3) Meets the definition of tank or tank system in Section R315-260-10.
R315-270-4. Hazardous Waste Permit Program -- Effect of a Permit.
(a)(1) Compliance with a permit during its term constitutes compliance, for purposes of enforcement, with Rules R315-260 through 266, 268, 270 and 124 except for those requirements not included in the permit which:
(i) Become effective by statute;
(ii) Are promulgated under Rule R315-268 restricting the placement of hazardous wastes in or on the land;
(iii) Are promulgated under Rule R315-264 regarding leak detection systems for new and replacement surface impoundment, waste pile, and landfill units, and lateral expansions of surface impoundment, waste pile, and landfill units. The leak detection system requirements include double liners, CQA programs, monitoring, action leakage rates, and response action plans, and shall be implemented through the procedures of Section R315-270-42 Class 1 permit modifications; or
(iv) Are promulgated under 40 CFR 265.1030 through 1035, 1050 through 1064, or 1080 through 1090, which are adopted by reference limiting air emissions.
(2) A permit may be modified, revoked and reissued, or terminated during its term for cause as set forth in Sections R315-270-41 and 43, or the permit may be modified upon the request of the permittee as set forth in Section R315-270-42.
(b) The issuance of a permit does not convey any property rights of any sort, or any exclusive privilege.
(c) The issuance of a permit does not authorize any injury to persons or property or invasion of other private rights, or any infringement of State or local law or regulations.
R315-270-10. Hazardous Waste Permit Program -- General Application Requirements.
(a) Applying for a permit. Below is information on how to obtain a permit and where to find requirements for specific permits:
(1) If you are covered by permits by rule, Section R315-270-60, you need not apply.
(2) If you currently have interim status, you shall apply for permits when required by the Director.
(3) If you are required to have a permit, including new applicants and permittees with expiring permits, you shall complete, sign, and submit an application to the Director, as described in Section R315-270-10 and Sections R315-270-70 through 73.
(4) If you are seeking an emergency permit, the procedures for application, issuance, and administration are found exclusively in Section R315-270-61.
(5) If you are seeking a research, development, and demonstration permit, the procedures for application, issuance, and administration are found exclusively in Section R315-270-65.
(b) Who applies? When a facility or activity is owned by one person but is operated by another person, it is the operator's duty to obtain a permit, except that the owner shall also sign the permit application.
(c) Completeness.
(1) The Director shall not issue a permit before receiving a complete application for a permit except for permits by rule, or emergency permits. An application for a permit is complete when the Director receives an application form and any supplemental information which are completed to the Director's satisfaction. An application for a permit is complete notwithstanding the failure of the owner or operator to submit the exposure information described in Subsection R315-270-10(j). The Director may deny a permit for the active life of a hazardous waste management facility or unit before receiving a complete application for a permit.
(2) The Director shall review for completeness every permit application. Each permit application submitted by a new hazardous waste management facility, should be reviewed for completeness by the Director in accordance with the applicable review periods of 19-6-108. Upon completing the review, the Director shall notify the applicant in writing whether the permit application is complete. If the permit application is incomplete, the Director shall list the information necessary to make the permit application complete. When the permit application is for an existing hazardous waste management facility, the Director shall specify in the notice of deficiency a date for submitting the necessary information. The Director shall review information submitted in response to a notice of deficiency within 30 days after receipt. The Director shall notify the applicant that the permit application is complete upon receiving this information. After the permit application is complete, the Director may request additional information from an applicant but only when necessary to clarify, modify, or supplement previously submitted material.
(3) If an applicant fails or refuses to correct deficiencies in the permit application, the permit application may be denied and appropriate enforcement actions may be taken under the applicable provisions of the Utah Solid and Hazardous Waste Act.
(d) Information requirements. All applicants for permits shall provide information set forth in Section R315-270-13 and applicable sections in Sections R315-270-14 through 29 to the Director, using the application form provided by the Director, if the Director has made such forms available.
(e) Existing HWM facilities and interim status qualifications.
(1) Owners and operators of existing hazardous waste management facilities or of hazardous waste management facilities in existence on the effective date of statutory or regulatory amendments under Sections 19-6-101 through 125 that render the facility subject to the requirement to have a permit shall submit part A of their permit application no later than:
(i) Six months after the date of publication of regulations which first require them to comply with the standards set forth in Rules R315-265 or 266, or
(ii) Thirty days after the date they first become subject to the standards set forth in Rules R315-265 or 266, whichever first occurs.
(iii) For generators generating greater than 100 kilograms but less than 1000 kilograms of hazardous waste in a calendar month and treats, stores, or disposes of these wastes on-site, by March 24, 1987.
(2) Reserved
(3) The Director may by compliance order extend the date by which the owner and operator of an existing hazardous waste management facility shall submit part A of their permit application.
(4) The owner or operator of an existing hazardous waste management facility may be required to submit part B of their permit application. The Director may require submission of part B. Any owner or operator shall be allowed at least six months from the date of request to submit part B of the application. Any owner or operator of an existing hazardous waste management facility may voluntarily submit part B of the application at any time. Notwithstanding the above, any owner or operator of an existing hazardous waste management facility shall submit a part B permit application in accordance with the dates specified in Section R315-270-73. Any owner or operator of a land disposal facility in existence on the effective date of statutory or regulatory amendments under Sections 19-6-101 through 125 that render the facility subject to the requirement to have a permit shall submit a part B application in accordance with the dates specified in Section R315-270-73.
(5) Failure to furnish a requested part B application on time, or to furnish in full the information required by the part B application, is grounds for termination of interim status under Rule R315-124.
(f) New HWM facilities.
(1) Except as provided in Subsection R315-270-10(f)(3), no person shall begin physical construction of a new HWM facility without having submitted parts A and B of the permit application and having received a finally effective permit.
(2) An application for a permit for a new hazardous waste management facility, including both Parts A and B, may be filed any time after promulgation of those standards in Sections R315-264-170 through 1202 applicable to such facility. The application shall be filed with the Director. Except as provided in Subsection R315-270-10(f)(3), all applications shall be submitted at least 180 days before physical construction is expected to commence.
(3) Notwithstanding Subsection R315-270-10(f)(1), the owner or operator of a facility approved for the incineration of polychlorinated biphenyls may, at any time after construction or operation of such facility has begun, file an application for a permit to incinerate hazardous waste authorizing such facility to incinerate waste identified or listed under Rule R315-261.
(g) Updating permit applications.
(1) If any owner or operator of a hazardous waste management facility has filed Part A of a permit application and has not yet filed part B, the owner or operator shall file an amended part A application:
(i) With the Director, within six months after the promulgation of revised regulations under Rule R315-261 listing or identifying additional hazardous wastes, if the facility is treating, storing or disposing of any of those newly listed or identified wastes.
(ii) With the Director no later than the effective date of regulatory provisions listing or designating wastes as hazardous in addition to those listed or designated previously, if the facility is treating storing or disposing of any of those newly listed or designated wastes; or
(iii) As necessary to comply with provisions of Section R315-270-72 for changes during interim status. Revised Part A applications necessary to comply with the provisions of Section R315-270-72 shall be filed with the Director.
(2) The owner or operator of a facility who fails to comply with the updating requirements of Subsection R315-270-10(g)(1) does not receive interim status as to the wastes not covered by duly filed part A applications.
(h) Reapplying for a permit. Owners and operators that have an effective permit and want to reapply for a new one, shall:
(1) Submit a new application at least 180 days before the expiration date of the effective permit, unless the Director allows a later date;
(2) The Director may not allow submittal of applications or Notices of Intent later than the expiration date of the existing permit, except as allowed by Subsection R315-270-51(e)(2).
(i) Recordkeeping. Applicants shall keep records of all data used to complete permit applications and any supplemental information submitted under Subsection R315-270-10(d) and Sections R315-270-13 through 21 for a period of at least 3 years from the date the application is signed.
(j) Exposure information.
(1) Any part B permit application submitted by an owner or operator of a facility that stores, treats, or disposes of hazardous waste in a surface impoundment or a landfill shall be accompanied by information, reasonably ascertainable by the owner or operator, on the potential for the public to be exposed to hazardous wastes or hazardous constituents through releases related to the unit. At a minimum, such information shall address:
(i) Reasonably foreseeable potential releases from both normal operations and accidents at the unit, including releases associated with transportation to or from the unit;
(ii) The potential pathways of human exposure to hazardous wastes or constituents resulting from the releases described under Subsection R315-270-10(j)(1)(i); and
(iii) The potential magnitude and nature of the human exposure resulting from such releases.
(2) Owners and operators of a landfill or a surface impoundment who have already submitted a part B application shall submit the exposure information required in Subsection R315-270-10(j)(1).
(k) The Director may require a permittee or an applicant to submit information in order to establish permit conditions under Sections R315-270-32(b)(2) and 50(d).
(l) If the Director concludes, based on one or more of the factors listed in Subsection R315-270-10(l)(1) that compliance with the standards of Subsection R307-214-2(39) which incorporates 40 CFR part 63, subpart EEE alone may not be protective of human health or the environment, the Director shall require the additional information or assessment(s) necessary to determine whether additional controls are necessary to ensure protection of human health and the environment. This includes information necessary to evaluate the potential risk to human health and/or the environment resulting from both direct and indirect exposure pathways. The Director may also require a permittee or applicant to provide information necessary to determine whether such an assessment(s) should be required.
(1) The Director shall base the evaluation of whether compliance with the standards of Subsection R307-214-2(39) which incorporates 40 CFR part 63, subpart EEE alone is protective of human health or the environment on factors relevant to the potential risk from a hazardous waste combustion unit, including, as appropriate, any of the following factors:
(i) Particular site-specific considerations such as proximity to receptors, such as schools, hospitals, nursing homes, day care centers, parks, community activity centers, or other potentially sensitive receptors, unique dispersion patterns, etc.;
(ii) Identities and quantities of emissions of persistent, bioaccumulative or toxic pollutants considering enforceable controls in place to limit those pollutants;
(iii) Identities and quantities of nondioxin products of incomplete combustion most likely to be emitted and to pose significant risk based on known toxicities, confirmation of which should be made through emissions testing;
(iv) Identities and quantities of other off-site sources of pollutants in proximity of the facility that significantly influence interpretation of a facility-specific risk assessment;
(v) Presence of significant ecological considerations, such as the proximity of a particularly sensitive ecological area;
(vi) Volume and types of wastes, for example wastes containing highly toxic constituents;
(vii) Other on-site sources of hazardous air pollutants that significantly influence interpretation of the risk posed by the operation of the source in question;
(viii) Adequacy of any previously conducted risk assessment, given any subsequent changes in conditions likely to affect risk; and
(ix) Such other factors as may be appropriate.
R315-270-11. Hazardous Waste Permit Program -- Signatories to Permit Applications and Reports.
(a) Applications. All permit applications shall be signed as follows:
(1) For a corporation: By a principal executive officer of at least the level of vice-president;
(2) For a partnership or sole proprietorship; by a general partner or the proprietor, respectively; or
(3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official.
(b) Reports. All reports required by permits and other information requested by the Director shall be signed by a person described in Subsection R315-270-11(a), or by a duly authorized representative of that person. A person is a duly authorized representative only if:
(1) The authorization is made in writing by a person described in Subsection R315-270-11(a);
(2) The authorization specifies either an individual or a position having responsibility for overall operation of the regulated facility or activity such as the position of plant manager, operator of a well or a well field, superintendent, or position of equivalent responsibility. A duly authorized representative may thus be either a named individual or any individual occupying a named position; and
(3) The written authorization is submitted to the Director.
(c) Changes to authorization. If an authorization under Subsection R315-270-11(b) is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of Subsection R315-270-11(b) shall be submitted to the Director prior to or together with any reports, information, or applications to be signed by an authorized representative.
(d)(1) Any person signing a document under Subsection R315-270-11(a) or (b) shall make the following certification:
I certify under penalty of law that this document and all attachments were prepared under my direction or supervision according to a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.
(2) For remedial action plans (RAPs) under Sections R315-270-79 through 230, if the operator certifies according to Subsection R315-270-11(d)(1), then the owner may choose to make the following certification instead of the certification in Subsection R315-270-11(d)(1):
Based on my knowledge of the conditions of the property described in the RAP and my inquiry of the person or persons who manage the system referenced in the operator's certification, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.
R315-270-12. Hazardous Waste Permit Program -- Confidentiality of Information.
(a) Any information provided to The Director under Rule R315-270 shall be made available to the public to the extent and in the manner authorized by Sections 63G-2-101 through 901.
(b) Any person who submits information to the Director in accordance with RuleR315-270 may assert a claim of business confidentiality covering part or all of that information by following the procedures set forth in Section 63G-2-309. Information covered by such a claim shall be disclosed by the Director only to the extent, and by means of the procedures, set forth Sections 63G-2-101 through 901. However, if no claim under Sections 63G-2-101 through 804 accompanies the information when it is received by the Director, it may be made available to the public without further notice to the person submitting it.
(c) Claims of confidentiality for the name and address of any permit applicant or permittee shall be denied.
R315-270-13. Hazardous Waste Permit Program -- Contents of Part a of the Permit Application.
Part A of the permit application shall be submitted to the Director and include the following information:
(a) The activities conducted by the applicant which require it to obtain a permit under Section 19-6-108.
(b) Name, mailing address, and location, including latitude and longitude of the facility for which the application is submitted.
(c) Up to four SIC codes which best reflect the principal products or services provided by the facility.
(d) The operator's name, address, telephone number, ownership status, and status as Federal, State, private, public, or other entity.
(e) The name, address, and phone number of the owner of the facility.
(f) Whether the facility is located on Indian lands.
(g) An indication of whether the facility is new or existing and whether it is a first or revised application.
(h) For existing facilities,
(1) a scale drawing of the facility showing the location of all past, present, and future treatment, storage, and disposal areas; and
(2) photographs of the facility clearly delineating all existing structures; existing treatment, storage, and disposal areas; and sites of future treatment, storage, and disposal areas.
(i) A description of the processes to be used for treating, storing, and disposing of hazardous waste, and the design capacity of these items.
(j) A specification of the hazardous wastes listed or designated under Rule R315-261 to be treated, stored, or disposed of at the facility, an estimate of the quantity of such wastes to be treated, stored, or disposed annually, and a general description of the processes to be used for such wastes.
(k) A listing of all permits or construction approvals received or applied for under any of the following programs:
(1) Hazardous Waste Management program under Sections 19-6-101 through 125 or under RCRA.
(2) UIC program under the SWDA.
(3) NPDES program under the CWA.
(4) Prevention of Significant Deterioration (PSD) program under the Clean Air Act.
(5) Nonattainment program under the Clean Air Act.
(6) National Emission Standards for Hazardous Pollutants (NESHAPS) preconstruction approval under the Clean Air Act.
(7) Reserved
(8) Dredge or fill permits under section 404 of the CWA.
(9) Other relevant environmental permits, including State permits.
(l) A topographic map, or other map if a topographic map is unavailable, extending one mile beyond the property boundaries of the source, depicting the facility and each of its intake and discharge structures; each of its hazardous waste treatment, storage, or disposal facilities; each well where fluids from the facility are injected underground; and those wells, springs, other surface water bodies, and drinking water wells listed in public records or otherwise known to the applicant within 1⁄4 mile of the facility property boundary.
(m) A brief description of the nature of the business.
(n) For hazardous debris, a description of the debris category(ies) and contaminant category(ies) to be treated, stored, or disposed of at the facility.
R315-270-14. Hazardous Waste Permit Program -- Contents of Part B: General Requirements.
(a) Part B of the permit application consists of the general information requirements of Section R315-270-14, and the specific information requirements in Section R315-270-14 through 29 applicable to the facility. The part B information requirements presented in Sections R315-270-14 through 29 reflect the standards promulgated in Rule R315-264. These information requirements are necessary in order for the Director to determine compliance with the Rule R315-264 standards. If owners and operators of hazardous waste management facilities can demonstrate that the information prescribed in part B cannot be provided to the extent required, the Director may make allowance for submission of such information on a case-by-case basis. Information required in part B shall be submitted to the Director and signed in accordance with the requirements in Section R315-270-11. Certain technical data, such as design drawings and specifications, and engineering studies shall be certified by a qualified Professional Engineer. For post-closure permits, only the information specified in Section R315-270-28 is required in part B of the permit application.
(b) General information requirements. The following information is required for all hazardous waste management facilities, except as Section R315-264-1 provides otherwise:
(1) A general description of the facility.
(2) Chemical and physical analyses of the hazardous waste and hazardous debris to be handled at the facility. At a minimum, these analyses shall contain all the information which must be known to treat, store, or dispose of the wastes properly in accordance with Rule R315-264.
(3) A copy of the waste analysis plan required by Subsection R315-264-13(b) and, if applicable Subsection R315-264-13(c).
(4) A description of the security procedures and equipment required by Section R315-264-14, or a justification demonstrating the reasons for requesting a waiver of this requirement.
(5) A copy of the general inspection schedule required by Subsection R315-264-15(b). Include where applicable, as part of the inspection schedule, specific requirements in Section R315-264-174, Subsection R315-264-193(i), Sections R315-264-195, 226, 254, 273, 303, 602, 1033, 1052, 1053, 1058, 1084, 1085, 1086, and 1088.
(6) A justification of any request for a waiver(s) of the preparedness and prevention requirements of Sections R315-264-30 through 37.
(7) A copy of the contingency plan required by Section R315-264-50 through 56. Include, where applicable, as part of the contingency plan, specific requirements in Sections R315-264-227, 255, and 200.
(8) A description of procedures, structures, or equipment used at the facility to:
(i) Prevent hazards in unloading operations, for example, ramps, special forklifts;
(ii) Prevent runoff from hazardous waste handling areas to other areas of the facility or environment, or to prevent flooding, for example, berms, dikes, trenches;
(iii) Prevent contamination of water supplies;
(iv) Mitigate effects of equipment failure and power outages;
(v) Prevent undue exposure of personnel to hazardous waste, for example, protective clothing; and
(vi) Prevent releases to atmosphere.
(9) A description of precautions to prevent accidental ignition or reaction of ignitable, reactive, or incompatible wastes as required to demonstrate compliance with Section R315-264-17 including documentation demonstrating compliance with Subsection R315-264-17(c).
(10) Traffic pattern, estimated volume, number, types of vehicles, and control, for example, show turns across traffic lanes, and stacking lanes, if appropriate; describe access road surfacing and load bearing capacity; show traffic control signals.
(11) Facility location information;
(i) In order to determine the applicability of the seismic standard, Subsection R315-264-18(a), the owner or operator of a new facility shall identify the political jurisdiction, e.g., county, township, or election district, in which the facility is proposed to be located. If the county or election district is not listed in appendix VI of Rule R315-264, no further information is required to demonstrate compliance with Subsection R315-264-18(a).
(ii) If the facility is proposed to be located in an area listed in appendix VI of Rule R315-264, the owner or operator shall demonstrate compliance with the seismic standard. This demonstration may be made using either published geologic data or data obtained from field investigations carried out by the applicant. The information provided shall be of such quality to be acceptable to geologists experienced in identifying and evaluating seismic activity. The information submitted shall show that either:
(A) No faults which have had displacement in Holocene time are present, or no lineations which suggest the presence of a fault, which have displacement in Holocene time, within 3,000 feet of a facility are present, based on data from:
(1) Published geologic studies,
(2) Aerial reconnaissance of the area within a five-mile radius from the facility.
(3) An analysis of aerial photographs covering a 3,000 foot radius of the facility, and
(4) If needed to clarify the above data, a reconnaissance based on walking portions of the area within 3,000 feet of the facility, or
(B) If faults, to include lineations, which have had displacement in Holocene time are present within 3,000 feet of a facility, no faults pass within 200 feet of the portions of the facility where treatment, storage, or disposal of hazardous waste will be conducted, based on data from a comprehensive geologic analysis of the site. Unless a site analysis is otherwise conclusive concerning the absence of faults within 200 feet of such portions of the facility data shall be obtained from a subsurface exploration, trenching, of the area within a distance no less than 200 feet from portions of the facility where treatment, storage, or disposal of hazardous waste will be conducted. Such trenching shall be performed in a direction that is perpendicular to known faults, which have had displacement in Holocene time, passing within 3,000 feet of the portions of the facility where treatment, storage, or disposal of hazardous waste will be conducted. Such investigation shall document with supporting maps and other analyses, the location of faults found. The Guidance Manual for the Location Standards provides greater detail on the content of each type of seismic investigation and the appropriate conditions under which each approach or a combination of approaches would be used.
(iii) Owners and operators of all facilities shall provide an identification of whether the facility is located within a 100-year floodplain. This identification shall indicate the source of data for such determination and include a copy of the relevant Federal Insurance Administration (FIA) flood map, if used, or the calculations and maps used where an FIA map is not available. Information shall also be provided identifying the 100-year flood level and any other special flooding factors, e.g., wave action, which shall be considered in designing, constructing, operating, or maintaining the facility to withstand washout from a 100-year flood. Where maps for the National Flood Insurance Program produced by the Federal Insurance Administration of the Federal Emergency Management Agency are available, they will normally be determinative of whether a facility is located within or outside of the 100-year floodplain. However, where the FIA map excludes an area, usually areas of the floodplain less than 200 feet in width, these areas shall be considered and a determination made as to whether they are in the 100-year floodplain. Where FIA maps are not available for a proposed facility location, the owner or operator shall use equivalent mapping techniques to determine whether the facility is within the 100-year floodplain, and if so located, what the 100-year flood elevation would be.
(iv) Owners and operators of facilities located in the 100-year floodplain shall provide the following information:
(A) Engineering analysis to indicate the various hydrodynamic and hydrostatic forces expected to result at the site as consequence of a 100-year flood.
(B) Structural or other engineering studies showing the design of operational units, e.g., tanks, incinerators, and flood protection devices, e.g., floodwalls, dikes, at the facility and how these will prevent washout.
(C) If applicable, and in lieu of Subsections R315-270-14(b)(11)(iv)(A) and (B), a detailed description of procedures to be followed to remove hazardous waste to safety before the facility is flooded, including:
(I) Timing of such movement relative to flood levels, including estimated time to move the waste, to show that such movement can be completed before floodwaters reach the facility.
(II) A description of the location(s) to which the waste will be moved and demonstration that those facilities will be eligible to receive hazardous waste in accordance with the regulations under Rules R315-270, 124, and 264 through 266.
(III) The planned procedures, equipment, and personnel to be used and the means to ensure that such resources will be available in time for use.
(IV) The potential for accidental discharges of the waste during movement.
(v) Existing facilities NOT in compliance with Subsection R315-264-18(b) shall provide a plan showing how the facility will be brought into compliance and a schedule for compliance.
(12) An outline of both the introductory and continuing training programs by owners or operators to prepare persons to operate or maintain the hazardous waste management facility in a safe manner as required to demonstrate compliance with Section R315-264-16. A brief description of how training will be designed to meet actual job tasks in accordance with requirements in Subsection R315-264-16(a)(3).
(13) A copy of the closure plan and, where applicable, the post-closure plan required by Sections R315-264-112, 118, and 197. Include, where applicable, as part of the plans, specific requirements in Sections R315-264-178, 197, 228, 258, 280, 310, 351, 601, and 603.
(14) For hazardous waste disposal units that have been closed, documentation that notices required under Section R315-264-119 have been filed.
(15) The most recent closure cost estimate for the facility prepared in accordance with Section R315-264-142 and a copy of the documentation required to demonstrate financial assurance under Section R315-264-143. For a new facility, a copy of the required documentation may be submitted 60 days prior to the initial receipt of hazardous wastes, if that is later than the submission of the part B.
(16) Where applicable, the most recent post-closure cost estimate for the facility prepared in accordance with Section R315-264-144 plus a copy of the documentation required to demonstrate financial assurance under Section R315-264-145. For a new facility, a copy of the required documentation may be submitted 60 days prior to the initial receipt of hazardous wastes, if that is later than the submission of the part B.
(17) Where applicable, a copy of the insurance policy or other documentation which comprises compliance with the requirements of Section R315-264-147. For a new facility, documentation showing the amount of insurance meeting the specification of Subsection R315-264-147(a) and, if applicable, Subsection R315-264-147(b), that the owner or operator plans to have in effect before initial receipt of hazardous waste for treatment, storage, or disposal. A request for a variance in the amount of required coverage, for a new or existing facility, may be submitted as specified in Subsection R315-264-147(c).
(18) Where appropriate, proof of coverage by a State financial mechanism in compliance with Section R315-264-149 or Section R315-264-150.
(19) A topographic map showing a distance of 1,000 feet around the facility at a scale of 2.5 centimeters, 1 inch, equal to not more than 61.0 meters, 200 feet. Contours shall be shown on the map. The contour interval shall be sufficient to clearly show the pattern of surface water flow in the vicinity of and from each operational unit of the facility. For example, contours with an interval of 1.5 meters, 5 feet, if relief is greater than 6.1 meters, 20 feet, or an interval of 0.6 meters, 2 feet, if relief is less than 6.1 meters, 20 feet. Owners and operators of hazardous waste management facilities located in mountainous areas should use large contour intervals to adequately show topographic profiles of facilities. The map shall clearly show the following:
(i) Map scale and date.
(ii) 100-year floodplain area.
(iii) Surface waters including intermittent streams.
(iv) Surrounding land uses, residential, commercial, agricultural, recreational.
(v) A wind rose, i.e., prevailing wind-speed and direction.
(vi) Orientation of the map, north arrow.
(vii) Legal boundaries of the hazardous waste management facility site.
(viii) Access control, fences, gates.
(ix) Injection and withdrawal wells both on-site and off-site.
(x) Buildings; treatment, storage, or disposal operations; or other structure, recreation areas, runoff control systems, access and internal roads, storm, sanitary, and process sewerage systems, loading and unloading areas, fire control facilities, etc.
(xi) Barriers for drainage or flood control.
(xii) Location of operational units within the hazardous waste management facility site, where hazardous waste is, or will be, treated, stored, or disposed, include equipment cleanup areas. For large hazardous waste management facilities the Director may allow the use of other scales on a case-by-case basis.
(20) Applicants may be required to submit such information as may be necessary to enable the Director to carry out his duties under State and Federal laws.
(21) For land disposal facilities, if a case-by-case extension has been approved under Section R315-268-5 or a petition has been approved under Section R315-268-6, a copy of the notice of approval for the extension or petition is required.
(22) A summary of the pre-application meeting, along with a list of attendees and their addresses, and copies of any written comments or materials submitted at the meeting, as required under Subsection R315-124-31(c).
(c) Additional information requirements. The following additional information regarding protection of groundwater is required from owners or operators of hazardous waste facilities containing a regulated unit except as provided in Subsection R315-264-90(b):
(1) A summary of the ground-water monitoring data obtained during the interim status period under 40 CFR 265.90 through 94, which are adopted by reference, where applicable.
(2) Identification of the uppermost aquifer and aquifers hydraulically interconnected beneath the facility property, including ground-water flow direction and rate, and the basis for such identification, i.e., the information obtained from hydrogeologic investigations of the facility area.
(3) On the topographic map required under Subsection R315-270-14(b)(19), a delineation of the waste management area, the property boundary, the proposed "point of compliance" as defined under Section R315-264-95, the proposed location of ground-water monitoring wells as required under Section R315-264-97, and, to the extent possible, the information required in Subsection R315-270-14(c)(2).
(4) A description of any plume of contamination that has entered the ground water from a regulated unit at the time that the application was submitted that:
(i) Delineates the extent of the plume on the topographic map required under Subsection R315-270-14(b)(19);
(ii) Identifies the concentration of each appendix IX, of Rule R315-264, constituent throughout the plume or identifies the maximum concentrations of each appendix IX constituent in the plume.
(5) Detailed plans and an engineering report describing the proposed ground water monitoring program to be implemented to meet the requirements of Section R315-264-97.
(6) If the presence of hazardous constituents has not been detected in the ground water at the time of permit application, the owner or operator shall submit sufficient information, supporting data, and analyses to establish a detection monitoring program which meets the requirements of Section R315-264-98. This submission shall address the following items specified under Section R315-264-98:
(i) A proposed list of indicator parameters, waste constituents, or reaction products that can provide a reliable indication of the presence of hazardous constituents in the ground water;
(ii) A proposed ground-water monitoring system;
(iii) Background values for each proposed monitoring parameter or constituent, or procedures to calculate such values; and
(iv) A description of proposed sampling, analysis and statistical comparison procedures to be utilized in evaluating ground-water monitoring data.
(7) If the presence of hazardous constituents has been detected in the ground water at the point of compliance at the time of the permit application, the owner or operator shall submit sufficient information, supporting data, and analyses to establish a compliance monitoring program which meets the requirements of Section R315-264-99. Except as provided in Subsection R315-264-98(h)(5), the owner or operator shall also submit an engineering feasibility plan for a corrective action program necessary to meet the requirements of Section R315-264-100, unless the owner or operator obtains written authorization in advance from the Director to submit a proposed permit schedule for submittal of such a plan. To demonstrate compliance with Section R315-264-99, the owner or operator shall address the following items:
(i) A description of the wastes previously handled at the facility;
(ii) A characterization of the contaminated ground water, including concentrations of hazardous constituents;
(iii) A list of hazardous constituents for which compliance monitoring will be undertaken in accordance with Sections R315-264-97 and 99;
(iv) Proposed concentration limits for each hazardous constituent, based on the criteria set forth in Subsection R315-264-94(a), including a justification for establishing any alternate concentration limits;
(v) Detailed plans and an engineering report describing the proposed ground-water monitoring system, in accordance with the requirements of Section R315-264-97; and
(vi) A description of proposed sampling, analysis and statistical comparison procedures to be utilized in evaluating ground-water monitoring data.
(8) If hazardous constituents have been measured in the ground water which exceed the concentration limits established under Section R315-264-94 Table 1, or if ground water monitoring conducted at the time of permit application under 40 CFR 265.90 through 94, which are adopted by reference, at the waste boundary indicates the presence of hazardous constituents from the facility in ground water over background concentrations, the owner or operator shall submit sufficient information, supporting data, and analyses to establish a corrective action program which meets the requirements of Section R315-264-100. However, an owner or operator is not required to submit information to establish a corrective action program if he demonstrates to the Director that alternate concentration limits will protect human health and the environment after considering the criteria listed in Subsection R315-264-94(b). An owner or operator who is not required to establish a corrective action program for this reason shall instead submit sufficient information to establish a compliance monitoring program which meets the requirements of Section R315-264-99 and Subsection R315-270-14(c)(6). To demonstrate compliance with Section R315-264-100, the owner or operator shall address, at a minimum, the following items:
(i) A characterization of the contaminated ground water, including concentrations of hazardous constituents;
(ii) The concentration limit for each hazardous constituent found in the ground water as set forth in Section R315-264-94;
(iii) Detailed plans and an engineering report describing the corrective action to be taken; and
(iv) A description of how the ground-water monitoring program will demonstrate the adequacy of the corrective action.
(v) The permit may contain a schedule for submittal of the information required in Subsections R315-270-14(c)(8)(iii) and (iv) provided the owner or operator obtains written authorization from the Director prior to submittal of the complete permit application.
(d) Information requirements for solid waste management units.
(1) The following information is required for each solid waste management unit at a facility seeking a permit:
(i) The location of the unit on the topographic map required under Subsection R315-270-14(b)(19).
(ii) Designation of type of unit.
(iii) General dimensions and structural description, supply any available drawings.
(iv) When the unit was operated.
(v) Specification of all wastes that have been managed at the unit, to the extent available.
(2) The owner or operator of any facility containing one or more solid waste management units shall submit all available information pertaining to any release of hazardous wastes or hazardous constituents from such unit or units.
(3) The owner/operator shall conduct and provide the results of sampling and analysis of groundwater, landsurface, and subsurface strata, surface water, or air, which may include the installation of wells, where the Director ascertains it is necessary to complete a Facility Assessment that will determine if a more complete investigation is necessary
R315-270-15. Hazardous Waste Permit Program -- Specific Part B Information Requirements for Containers.
Except as otherwise provided in Section R315-264-170, owners or operators of facilities that store containers of hazardous waste shall provide the following additional information:
(a) A description of the containment system to demonstrate compliance with Section R315-264-175. Show at least the following:
(1) Basic design parameters, dimensions, and materials of construction.
(2) How the design promotes drainage or how containers are kept from contact with standing liquids in the containment system.
(3) Capacity of the containment system relative to the number and volume of containers to be stored.
(4) Provisions for preventing or managing run-on.
(5) How accumulated liquids can be analyzed and removed to prevent overflow.
(b) For storage areas that store containers holding wastes that do not contain free liquids, a demonstration of compliance with Subsection R315-264-175(c), including:
(1) Test procedures and results or other documentation or information to show that the wastes do not contain free liquids; and
(2) A description of how the storage area is designed or operated to drain and remove liquids or how containers are kept from contact with standing liquids.
(c) Sketches, drawings, or data demonstrating compliance with Section R315-264-176, location of buffer zone and containers holding ignitable or reactive wastes, and Subsection R315-264-177(c), location of incompatible wastes, where applicable.
(d) Where incompatible wastes are stored or otherwise managed in containers, a description of the procedures used to ensure compliance with Subsections R315-264-177(a) and (b), and Subsections R315-264-17(b) and (c).
(e) Information on air emission control equipment as required in Section R315-270-27.
R315-270-16. Hazardous Waste Permit Program -- Specific Part B Information Requirements for Tank Systems.
Except as otherwise provided in Section R315-264-190, owners and operators of facilities that use tanks to store or treat hazardous waste shall provide the following additional information:
(a) A written assessment that is reviewed and certified by a qualified Professional Engineer as to the structural integrity and suitability for handling hazardous waste of each tank system, as required under Sections R315-264-191 and 192;
(b) Dimensions and capacity of each tank;
(c) Description of feed systems, safety cutoff, bypass systems, and pressure controls, e.g., vents;
(d) A diagram of piping, instrumentation, and process flow for each tank system;
(e) A description of materials and equipment used to provide external corrosion protection, as required under Subsection R315-264-192(a)(3)(ii);
(f) For new tank systems, a detailed description of how the tank system(s) will be installed in compliance with Subsections R315-264-192(b), (c), (d), and (e);
(g) Detailed plans and description of how the secondary containment system for each tank system is or will be designed, constructed, and operated to meet the requirements of Subsections R315-264-193(a), (b), (c), (d), (e), and (f);
(h) For tank systems for which a variance from the requirements of Section R315-264-193 is sought, as provided by Subsection R315-264-193(g):
(1) Detailed plans and engineering and hydrogeologic reports, as appropriate, describing alternate design and operating practices that will, in conjunction with location aspects, prevent the migration of any hazardous waste or hazardous constituents into the ground water or surface water during the life of the facility, or
(2) A detailed assessment of the substantial present or potential hazards posed to human health or the environment should a release enter the environment.
(i) Description of controls and practices to prevent spills and overflows, as required under Subsection R315-264-194(b); and
(j) For tank systems in which ignitable, reactive, or incompatible wastes are to be stored or treated, a description of how operating procedures and tank system and facility design will achieve compliance with the requirements of Sections R315-264-198 and 199.
(k) Information on air emission control equipment as required in Section R315-270-27.
R315-270-17. Hazardous Waste Permit Program -- Specific Part B Information Requirements for Surface Impoundments.
Except as otherwise provided in Section R315-264-1, owners and operators of facilities that store, treat or dispose of hazardous waste in surface impoundments shall provide the following additional information:
(a) A list of the hazardous wastes placed or to be placed in each surface impoundment;
(b) Detailed plans and an engineering report describing how the surface impoundment is designed and is or will be constructed, operated, and maintained to meet the requirements of Section R315-264-19 and Sections R315-264-221through 223, addressing the following items:
(1) The liner system, except for an existing portion of a surface impoundment. If an exemption from the requirement for a liner is sought as provided by Subsection R315-264-221(b), submit detailed plans and engineering and hydrogeologic reports, as appropriate, describing alternate design and operating practices that will, in conjunction with location aspects, prevent the migration of any hazardous constituents into the ground water or surface water at any future time;
(2) The double liner and leak, leachate, detection, collection, and removal system, if the surface impoundment shall meet the requirements of Subsection R315-264-221(c). If an exemption from the requirements for double liners and a leak detection, collection, and removal system or alternative design is sought as provided by Subsections R315-264-221(d), (e), or (f), submit appropriate information;
(3) If the leak detection system is located in a saturated zone, submit detailed plans and an engineering report explaining the leak detection system design and operation, and the location of the saturated zone in relation to the leak detection system;
(4) The construction quality assurance (CQA) plan if required under Section R315-264-19;
(5) Proposed action leakage rate, with rationale, if required under Section R315-264-222, and response action plan, if required under Section R315-264-223;
(6) Prevention of overtopping; and
(7) Structural integrity of dikes;
(c) A description of how each surface impoundment, including the double liner system, leak detection system, cover system, and appurtenances for control of overtopping, will be inspected in order to meet the requirements of Subsections R315-264-226(a), (b), and (d). This information shall be included in the inspection plan submitted under Subsection R315-270-14(b)(5);
(d) A certification by a qualified engineer which attests to the structural integrity of each dike, as required under Subsection R315-264-226(c). For new units, the owner or operator shall submit a statement by a qualified engineer that he will provide such a certification upon completion of construction in accordance with the plans and specifications;
(e) A description of the procedure to be used for removing a surface impoundment from service, as required under Subsections R315-264-227(b) and (c). This information should be included in the contingency plan submitted under Subsection R315-270-14(b)(7);
(f) A description of how hazardous waste residues and contaminated materials will be removed from the unit at closure, as required under Subsection R315-264-228(a)(1). For any wastes not to be removed from the unit upon closure, the owner or operator shall submit detailed plans and an engineering report describing how Subsections R315-264-228(a)(2) and (b) will be complied with. This information should be included in the closure plan and, where applicable, the post-closure plan submitted under Subsection R315-270-14(b)(13);
(g) If ignitable or reactive wastes are to be placed in a surface impoundment, an explanation of how Section R315-264-229 will be complied with;
(h) If incompatible wastes, or incompatible wastes and materials will be placed in a surface impoundment, an explanation of how Section R315-264-230 will be complied with.
(i) A waste management plan for EPA Hazardous Waste Nos. FO20, FO21, FO22, FO23, FO26, and FO27 describing how the surface impoundment is or will be designed, constructed, operated, and maintained to meet the requirements of Section R315-264-231. This submission shall address the following items as specified in Section R315-264-231:
(1) The volume, physical, and chemical characteristics of the wastes, including their potential to migrate through soil or to volatilize or escape into the atmosphere;
(2) The attenuative properties of underlying and surrounding soils or other materials;
(3) The mobilizing properties of other materials co-disposed with these wastes; and
(4) The effectiveness of additional treatment, design, or monitoring techniques.
(j) Information on air emission control equipment as required in Section R315-270-27.
R315-270-18. Hazardous Waste Permit Program -- Specific Part B Information Requirements for Waste Piles.
Except as otherwise provided in Section R315-264-1, owners and operators of facilities that store or treat hazardous waste in waste piles shall provide the following additional information:
(a) A list of hazardous wastes placed or to be placed in each waste pile;
(b) If an exemption is sought to Section R315-264-251 and Sections R315-264-90 through 101 as provided by Subsection R315-264-250(c) or Subsection R315-264-90(b)(2), an explanation of how the standards of Subsection R315-264-250(c) will be complied with or detailed plans and an engineering report describing how the requirements of Subsection R315-264-90(b)(2) will be met.
(c) Detailed plans and an engineering report describing how the waste pile is designed and is or will be constructed, operated, and maintained to meet the requirements of Sections R315-264-19 and R315-264-251through 253, addressing the following items:
(1)(i) The liner system, except for an existing portion of a waste pile, if the waste pile shall meet the requirements of Subsection R315-264-251(a). If an exemption from the requirement for a liner is sought as provided by Subsection R315-264-251(b), submit detailed plans, and engineering and hydrogeological reports, as appropriate, describing alternate designs and operating practices that will, in conjunction with location aspects, prevent the migration of any hazardous constituents into the ground water or surface water at any future time;
(ii) The double liner and leak, leachate, detection; collection; and removal system, if the waste pile shall meet the requirements of Subsection R315-264-251(c). If an exemption from the requirements for double liners and a leak detection, collection, and removal system or alternative design is sought as provided by Subsections R315-264-251(d), (e), or (f), submit appropriate information;
(iii) If the leak detection system is located in a saturated zone, submit detailed plans and an engineering report explaining the leak detection system design and operation, and the location of the saturated zone in relation to the leak detection system;
(iv) The construction quality assurance (CQA) plan if required under Section R315-264-19;
(v) Proposed action leakage rate, with rationale, if required under Section R315-264-252, and response action plan, if required under Section R315-264-253;
(2) Control of run-on;
(3) Control of run-off;
(4) Management of collection and holding units associated with run-on and run-off control systems; and
(5) Control of wind dispersal of particulate matter, where applicable;
(d) A description of how each waste pile, including the double liner system, leachate collection and removal system, leak detection system, cover system, and appurtenances for control of run-on and run-off, will be inspected in order to meet the requirements of Subsections R315-264-254(a), (b), and (c). This information shall be included in the inspection plan submitted under Subsection R315-270-14(b)(5);
(e) If treatment is carried out on or in the pile, details of the process and equipment used, and the nature and quality of the residuals;
(f) If ignitable or reactive wastes are to be placed in a waste pile, an explanation of how the requirements of Section R315-264-256 will be complied with;
(g) If incompatible wastes, or incompatible wastes and materials will be placed in a waste pile, an explanation of how Section R315-264-257 will be complied with;
(h) A description of how hazardous waste residues and contaminated materials will be removed from the waste pile at closure, as required under Subsection R315-264-258(a). For any waste not to be removed from the waste pile upon closure, the owner or operator shall submit detailed plans and an engineering report describing how Subsections R315-264-310(a) and (b) will be complied with. This information should be included in the closure plan and, where applicable, the post-closure plan submitted under Subsection R315-270-14(b)(13).
(i) A waste management plan for EPA Hazardous Waste Nos. FO20, FO21, FO22, FO23, FO26, and FO27 describing how a waste pile that is not enclosed, as defined in Section R315-264-250(c), is or will be designed, constructed, operated, and maintained to meet the requirements of Section R315-264-259. This submission shall address the following items as specified in Section R315-264-259:
(1) The volume, physical, and chemical characteristics of the wastes to be disposed in the waste pile, including their potential to migrate through soil or to volatilize or escape into the atmosphere;
(2) The attenuative properties of underlying and surrounding soils or other materials;
(3) The mobilizing properties of other materials co-disposed with these wastes; and
(4) The effectiveness of additional treatment, design, or monitoring techniques.
R315-270-19. Hazardous Waste Permit Program -- Specific Part B Information Requirements for Incinerators.
Except as Subsection R315-264-340 and Subsection R315-270-19(e) provide otherwise, owners and operators of facilities that incinerate hazardous waste shall fulfill the requirements of Subsection R315-270-19(a), (b), or (c).
(a) When seeking an exemption under Subsection R315-264-340 (b) or (c), Ignitable, corrosive, or reactive wastes only:
(1) Documentation that the waste is listed as a hazardous waste in Sections R315-261-30 through 35 solely because it is ignitable, Hazard Code I, or corrosive, Hazard Code C, or both; or
(2) Documentation that the waste is listed as a hazardous waste in Sections R315-261-30 through 35 solely because it is reactive, Hazard Code R, for characteristics other than those listed in Subsection R315-261-23(a)(4) and (5), and will not be burned when other hazardous wastes are present in the combustion zone; or
(3) Documentation that the waste is a hazardous waste solely because it possesses the characteristic of ignitability, corrosivity, or both, as determined by the tests for characteristics of hazardous waste under Sections R315-261-20 through 24; or
(4) Documentation that the waste is a hazardous waste solely because it possesses the reactivity characteristics listed in Subsections R315-261-23(a)(1), (2), (3), (6), (7), or (8), and that it will not be burned when other hazardous wastes are present in the combustion zone; or
(b) Submit a trial burn plan or the results of a trial burn, including all required determinations, in accordance with Section R315-270-62; or
(c) In lieu of a trial burn, the applicant may submit the following information:
(1) An analysis of each waste or mixture of wastes to be burned including:
(i) Heat value of the waste in the form and composition in which it will be burned.
(ii) Viscosity, if applicable, or description of physical form of the waste.
(iii) An identification of any hazardous organic constituents listed in Rule R315-261, appendix VIII, which are present in the waste to be burned, except that the applicant need not analyze for constituents listed in Rule R315-261, appendix VIII, which would reasonably not be expected to be found in the waste. The constituents excluded from analysis shall be identified and the basis for their exclusion stated. The waste analysis shall rely on appropriate analytical techniques.
(iv) An approximate quantification of the hazardous constituents identified in the waste, within the precision produced by appropriate analytical methods.
(v) A quantification of those hazardous constituents in the waste which may be designated as POHC's based on data submitted from other trial or operational burns which demonstrate compliance with the performance standards in Section R315-264-343.
(2) A detailed engineering description of the incinerator, including:
(i) Manufacturer's name and model number of incinerator.
(ii) Type of incinerator.
(iii) Linear dimension of incinerator unit including cross sectional area of combustion chamber.
(iv) Description of auxiliary fuel system, type/feed.
(v) Capacity of prime mover.
(vi) Description of automatic waste feed cutoff system(s).
(vii) Stack gas monitoring and pollution control monitoring system.
(viii) Nozzle and burner design.
(ix) Construction materials.
(x) Location and description of temperature, pressure, and flow indicating devices and control devices.
(3) A description and analysis of the waste to be burned compared with the waste for which data from operational or trial burns are provided to support the contention that a trial burn is not needed. The data should include those items listed in Subsection R315-270-19(c)(1). This analysis should specify the POHC's which the applicant has identified in the waste for which a permit is sought, and any differences from the POHC's in the waste for which burn data are provided.
(4) The design and operating conditions of the incinerator unit to be used, compared with that for which comparative burn data are available.
(5) A description of the results submitted from any previously conducted trial burn(s) including:
(i) Sampling and analysis techniques used to calculate performance standards in Section R315-264-343,
(ii) Methods and results of monitoring temperatures, waste feed rates, carbon monoxide, and an appropriate indicator of combustion gas velocity, including a statement concerning the precision and accuracy of this measurement,
(6) The expected incinerator operation information to demonstrate compliance with Sections R315-264-343 and 345 including:
(i) Expected carbon monoxide (CO) level in the stack exhaust gas.
(ii) Waste feed rate.
(iii) Combustion zone temperature.
(iv) Indication of combustion gas velocity.
(v) Expected stack gas volume, flow rate, and temperature.
(vi) Computed residence time for waste in the combustion zone.
(vii) Expected hydrochloric acid removal efficiency.
(viii) Expected fugitive emissions and their control procedures.
(ix) Proposed waste feed cut-off limits based on the identified significant operating parameters.
(7) Such supplemental information as the Director finds necessary to achieve the purposes of Subsection R315-270-19(c).
(8) Waste analysis data, including that submitted in Subsection R315-270-19(c)(1), sufficient to allow the Director to specify as permit Principal Organic Hazardous Constituents, permit POHC's, those constituents for which destruction and removal efficiencies will be required.
(d) The Director shall approve a permit application without a trial burn if he finds that:
(1) The wastes are sufficiently similar; and
(2) The incinerator units are sufficiently similar, and the data from other trial burns are adequate to specify, under Section R315-264-345, operating conditions that will ensure that the performance standards in Section R315-264-343 shall be met by the incinerator.
(e) When an owner or operator of a hazardous waste incineration unit becomes subject to permit requirements after October 12, 2005, or when an owner or operator of an existing hazardous waste incineration unit demonstrates compliance with the air emission standards and limitations in Subsection R307-214-2(39) which incorporates 40 CFR part 63, subpart EEE, i.e., by conducting a comprehensive performance test and submitting a Notification of Compliance under 40 CFR 63.1207(j) and 63.1210(d) documenting compliance with all applicable requirements of Subsection R307-214-2(39) which incorporates 40 CFR part 63, subpart EEE, the requirements of Section R315-270-19 do not apply, except those provisions the Director determines are necessary to ensure compliance with Subsections R315-264-345(a) and (c) if the owner or operator elect to comply with Subsection R315-270-235(a)(1)(i) to minimize emissions of toxic compounds from startup, shutdown, and malfunction events. Nevertheless, the Director may apply the provisions of Section R315-270-19, on a case-by-case basis, for purposes of information collection in accordance with Subsections R315-270-10(k) and (l), R315-270-32(b)(2), and (b)(3).
R315-270-20. Hazardous Waste Permit Program -- Specific Part B Information Requirements for Land Treatment Facilities.
Except as otherwise provided in Section R315-264-1, owners and operators of facilities that use land treatment to dispose of hazardous waste shall provide the following additional information:
(a) A description of plans to conduct a treatment demonstration as required under Section R315-264-272. The description shall include the following information;
(1) The wastes for which the demonstration will be made and the potential hazardous constituents in the waste;
(2) The data sources to be used to make the demonstration, e.g., literature, laboratory data, field data, or operating data;
(3) Any specific laboratory or field test that will be conducted, including:
(i) The type of test, e.g., column leaching, degradation;
(ii) Materials and methods, including analytical procedures;
(iii) Expected time for completion;
(iv) Characteristics of the unit that will be simulated in the demonstration, including treatment zone characteristics, climatic conditions, and operating practices.
(b) A description of a land treatment program, as required under Section R315-264-271. This information shall be submitted with the plans for the treatment demonstration, and updated following the treatment demonstration. The land treatment program shall address the following items:
(1) The wastes to be land treated;
(2) Design measures and operating practices necessary to maximize treatment in accordance with Subsection R315-264-273(a) including:
(i) Waste application method and rate;
(ii) Measures to control soil pH;
(iii) Enhancement of microbial or chemical reactions;
(iv) Control of moisture content;
(3) Provisions for unsaturated zone monitoring, including:
(i) Sampling equipment, procedures, and frequency;
(ii) Procedures for selecting sampling locations;
(iii) Analytical procedures;
(iv) Chain of custody control;
(v) Procedures for establishing background values;
(vi) Statistical methods for interpreting results;
(vii) The justification for any hazardous constituents recommended for selection as principal hazardous constituents, in accordance with the criteria for such selection in Subsection R315-264-278(a);
(4) A list of hazardous constituents reasonably expected to be in, or derived from, the wastes to be land treated based on waste analysis performed pursuant to Section R315-264-13;
(5) The proposed dimensions of the treatment zone;
(c) A description of how the unit is or will be designed, constructed, operated, and maintained in order to meet the requirements of Section R315-264-273. This submission shall address the following items:
(1) Control of run-on;
(2) Collection and control of run-off;
(3) Minimization of run-off of hazardous constituents from the treatment zone;
(4) Management of collection and holding facilities associated with run-on and run-off control systems;
(5) Periodic inspection of the unit. This information should be included in the inspection plan submitted under Subsection R315-270-14(b)(5);
(6) Control of wind dispersal of particulate matter, if applicable;
(d) If food-chain crops are to be grown in or on the treatment zone of the land treatment unit, a description of how the demonstration required under Subsection R315-264-276(a) will be conducted including:
(1) Characteristics of the food-chain crop for which the demonstration will be made.
(2) Characteristics of the waste, treatment zone, and waste application method and rate to be used in the demonstration;
(3) Procedures for crop growth, sample collection, sample analysis, and data evaluation;
(4) Characteristics of the comparison crop including the location and conditions under which it was or will be grown;
(e) If food-chain crops are to be grown, and cadmium is present in the land-treated waste, a description of how the requirements of Subsection R315-264-276(b) will be complied with;
(f) A description of the vegetative cover to be applied to closed portions of the facility, and a plan for maintaining such cover during the post-closure care period, as required under Subsections R315-264-280(a)(8) and R315-264-280(c)(2). This information should be included in the closure plan and, where applicable, the post-closure care plan submitted under Subsection R315-270-14(b)(13);
(g) If ignitable or reactive wastes will be placed in or on the treatment zone, an explanation of how the requirements of Section R315-264-281 will be complied with;
(h) If incompatible wastes, or incompatible wastes and materials, will be placed in or on the same treatment zone, an explanation of how Section R315-264-282 will be complied with.
(i) A waste management plan for EPA Hazardous Waste Nos. FO20, FO21, FO22, FO23, FO26, and FO27 describing how a land treatment facility is or will be designed, constructed, operated, and maintained to meet the requirements of Section R315-264-283. This submission shall address the following items as specified in Section R315-264-283:
(1) The volume, physical, and chemical characteristics of the wastes, including their potential to migrate through soil or to volatilize or escape into the atmosphere;
(2) The attenuative properties of underlying and surrounding soils or other materials;
(3) The mobilizing properties of other materials co-disposed with these wastes; and
(4) The effectiveness of additional treatment, design, or monitoring techniques.
R315-270-21. Hazardous Waste Permit Program -- Specific Part B Information Requirements for Landfills.
Except as otherwise provided in Section R315-264-1, owners and operators of facilities that dispose of hazardous waste in landfills shall provide the following additional information:
(a) A list of the hazardous wastes placed or to be placed in each landfill or landfill cell;
(b) Detailed plans and an engineering report describing how the landfill is designed and is or will be constructed, operated, and maintained to meet the requirements of Sections R315-264-19 and Sections R315-264-301 through 303, addressing the following items:
(1)(i) The liner system, except for an existing portion of a landfill, if the landfill shall meet the requirements of Subsection R315-264-301(a). If an exemption from the requirement for a liner is sought as provided by Subsection R315-264-301(b), submit detailed plans, and engineering and hydrogeological reports, as appropriate, describing alternate designs and operating practices that shall, in conjunction with location aspects, prevent the migration of any hazardous constituents into the ground water or surface water at any future time;
(ii) The double liner and leak, leachate; detection; collection; and removal system; if the landfill shall meet the requirements of Subsection R315-264-301(c). If an exemption from the requirements for double liners and a leak detection, collection, and removal system or alternative design is sought as provided by Subsection R315-264-301(d), (e), or (f), submit appropriate information;
(iii) If the leak detection system is located in a saturated zone, submit detailed plans and an engineering report explaining the leak detection system design and operation, and the location of the saturated zone in relation to the leak detection system;
(iv) The construction quality assurance (CQA) plan if required under Section R315-264-19;
(v) Proposed action leakage rate, with rationale, if required under Section R315-264-302, and response action plan, if required under Section R315-264-303;
(2) Control of run-on;
(3) Control of run-off;
(4) Management of collection and holding facilities associated with run-on and run-off control systems; and
(5) Control of wind dispersal of particulate matter, where applicable;
(c) A description of how each landfill, including the double liner system, leachate collection and removal system, leak detection system, cover system, and appurtenances for control of run-on and run-off, will be inspected in order to meet the requirements of Subsections R315-264-303(a), (b), and (c). This information shall be included in the inspection plan submitted under Subsection R315-270-14(b)(5);
(d) A description of how each landfill, including the liner and cover systems, will be inspected in order to meet the requirements of Subsections R315-264-303(a) and (b). This information should be included in the inspection plan submitted under Subsection R315-270-14(b)(5).
(e) Detailed plans and an engineering report describing the final cover which will be applied to each landfill or landfill cell at closure in accordance with Subsection R315-264-310(a), and a description of how each landfill will be maintained and monitored after closure in accordance with Subsection R315-264-310(b). This information should be included in the closure and post-closure plans submitted under Subsection R315-270-14(b)(13).
(f) If ignitable or reactive wastes will be landfilled, an explanation of how the standards of Section R315-264-312 will be complied with;
(g) If incompatible wastes, or incompatible wastes and materials will be landfilled, an explanation of how Section R315-264-313 will be complied with;
(h) If bulk or non-containerized liquid waste or wastes containing free liquids is to be landfilled prior to May 8, 1985, an explanation of how the requirements of Subsection R315-264-314(a) will be complied with;
(i) If containers of hazardous waste are to be landfilled, an explanation of how the requirements of Section R315-264-315 or Section R315-264-316, as applicable, will be complied with.
(j) A waste management plan for EPA Hazardous Waste Nos. FO20, FO21, FO22, FO23, FO26, and FO27 describing how a landfill is or will be designed, constructed, operated, and maintained to meet the requirements of Section R315-264-317. This submission shall address the following items as specified in Section R315-264-317:
(1) The volume, physical, and chemical characteristics of the wastes, including their potential to migrate through soil or to volatilize or escape into the atmosphere;
(2) The attenuative properties of underlying and surrounding soils or other materials;
(3) The mobilizing properties of other materials co-disposed with these wastes; and
(4) The effectiveness of additional treatment, design, or monitoring techniques.
R315-270-22. Hazardous Waste Permit Program Specific Part B Information Requirements for Boilers and Industrial Furnaces Burning Hazardous Waste.
When an owner or operator of a cement kiln, lightweight aggregate kiln, solid fuel boiler, liquid fuel boiler, or hydrochloric acid production furnace becomes subject to Section 19-6-108 permit requirements after October 12, 2005, or when an owner or operator of an existing cement kiln, lightweight aggregate kiln, solid fuel boiler, liquid fuel boiler, or hydrochloric acid production furnace demonstrates compliance with the air emission standards and limitations in 40 CFR 63, subpart EEE, i.e., by conducting a comprehensive performance test and submitting a Notification of Compliance under 40 CFR 63.1207(j) and 63.1210(d) documenting compliance with all applicable requirements of Subsection R307-214-2(39) which incorporates 40 CFR part 63, subpart EEE, the requirements of Section R315-270-22 do not apply. The requirements of Section R315-270-22 do apply, however, if the Director determines certain provisions are necessary to ensure compliance with Subsections R315-266-102(e)(1) and (e)(2)(iii) if the owner or operator elects to comply with Subsection R315-270-235(a)(1)(i) to minimize emissions of toxic compounds from startup, shutdown, and malfunction events; or if the facility is an area source and the owner or operator elects to comply with the Sections R315-266-105 through 107 standards and associated requirements for particulate matter, hydrogen chloride and chlorine gas, and non-mercury metals; or the Director determines certain provisions apply, on a case-by-case basis, for purposes of information collection in accordance with Subsections R315-270-10(k), R315-270-10(l), and Subsections R315-270-32(b)(2), and 32(b)(3).
(a) Trial burns
(1) General. Except as provided below, owners and operators that are subject to the standards to control organic emissions provided by Section R315-266-104, standards to control particulate matter provided by Section R315-266-105, standards to control metals emissions provided by Section R315-266-106, or standards to control hydrogen chloride or chlorine gas emissions provided by Section R315-266-107 shall conduct a trial burn to demonstrate conformance with those standards and shall submit a trial burn plan or the results of a trial burn, including all required determinations, in accordance with Section R315-270-66.
(i) A trial burn to demonstrate conformance with a particular emission standard may be waived under provisions of Sections R315-266-104 through 107 and Subsections R315-270-22(a)(2) through (a)(5); and
(ii) The owner or operator may submit data in lieu of a trial burn, as prescribed in Subsection R315-270-22 (a)(6).
(2) Waiver of trial burn for DRE
(i) Boilers operated under special operating requirements. When seeking to be permitted under Subsections R315-266-104(a)(4) and R315-266-110 that automatically waive the DRE trial burn, the owner or operator of a boiler shall submit documentation that the boiler operates under the special operating requirements provided by Section R315-266-110.
(ii) Boilers and industrial furnaces burning low risk waste. When seeking to be permitted under the provisions for low risk waste provided by Subsections R315-266-104(a)(5) and R315-266-109(a) that waive the DRE trial burn, the owner or operator shall submit:
(A) Documentation that the device is operated in conformance with the requirements of Subsection R315-266-109(a)(1).
(B) Results of analyses of each waste to be burned, documenting the concentrations of nonmetal compounds listed in appendix VIII of Rule R315-261, except for those constituents that would reasonably not be expected to be in the waste. The constituents excluded from analysis shall be identified and the basis for their exclusion explained. The analysis shall rely on appropriate analytical techniques.
(C) Documentation of hazardous waste firing rates and calculations of reasonable, worst-case emission rates of each constituent identified in Subsection R315-270-22(a)(2)(ii)(B) using procedures provided by Subsection R315-266-109(a)(2)(ii).
(D) Results of emissions dispersion modeling for emissions identified in Subsection R315-270-22(a)(2)(ii)(C) using modeling procedures prescribed by Subsection R315-266-106(h). The Director shall review the emission modeling conducted by the applicant to determine conformance with these procedures. The Director shall either approve the modeling or determine that alternate or supplementary modeling is appropriate.
(E) Documentation that the maximum annual average ground level concentration of each constituent identified in Subsection R315-270-22(a)(2)(ii)(B) quantified in conformance with Subsection R315-270-22(a)(2)(ii)(D) does not exceed the allowable ambient level established in appendices IV or V of Rule R315-266. The acceptable ambient concentration for emitted constituents for which a specific Reference Air Concentration has not been established in appendix IV or Risk-Specific Dose has not been established in appendix V is 0.1 micrograms per cubic meter, as noted in the footnote to appendix IV.
(3) Waiver of trial burn for metals. When seeking to be permitted under the Tier I, or adjusted Tier I, metals feed rate screening limits provided by Subsections R315-266-106 (b) and (e) that control metals emissions without requiring a trial burn, the owner or operator shall submit:
(i) Documentation of the feed rate of hazardous waste, other fuels, and industrial furnace feed stocks;
(ii) Documentation of the concentration of each metal controlled by Subsection R315-266-106(b) or (e) in the hazardous waste, other fuels, and industrial furnace feedstocks, and calculations of the total feed rate of each metal;
(iii) Documentation of how the applicant shall ensure that the Tier I feed rate screening limits provided by Subsection R315-266-106(b) or (e) shall not be exceeded during the averaging period provided by Subsection R315-266-106(b) or (e);
(iv) Documentation to support the determination of the terrain-adjusted effective stack height, good engineering practice stack height, terrain type, and land use as provided by Subsections R315-266-106(b)(3) through (b)(5);
(v) Documentation of compliance with the provisions of Subsection R315-266-106(b)(6), if applicable, for facilities with multiple stacks;
(vi) Documentation that the facility does not fail the criteria provided by Subsection R315-266-106(b)(7) for eligibility to comply with the screening limits; and
(vii) Proposed sampling and metals analysis plan for the hazardous waste, other fuels, and industrial furnace feed stocks.
(4) Waiver of trial burn for particulate matter. When seeking to be permitted under the low risk waste provisions of Subsection R315-266-109(b) which waives the particulate standard, and trial burn to demonstrate conformance with the particulate standard, applicants shall submit documentation supporting conformance with Subsections R315-270-22(a)(2)(ii) and (a)(3).
(5) Waiver of trial burn for HCl and Cl 2. When seeking to be permitted under the Tier I, or adjusted Tier I, feed rate screening limits for total chloride and chlorine provided by Subsections R315-266-107(b)(1) and (e) that control emissions of hydrogen chloride (HCl) and chlorine gas (Cl 2) without requiring a trial burn, the owner or operator shall submit:
(i) Documentation of the feed rate of hazardous waste, other fuels, and industrial furnace feed stocks;
(ii) Documentation of the levels of total chloride and chlorine in the hazardous waste, other fuels, and industrial furnace feedstocks, and calculations of the total feed rate of total chloride and chlorine;
(iii) Documentation of how the applicant shall ensure that the Tier I, or adjusted Tier I, feed rate screening limits provided by Subsection R315-266-107(b)(1) or (e) shall not be exceeded during the averaging period provided by Subsection R315-266-107(b)(1) or (e);
(iv) Documentation to support the determination of the terrain-adjusted effective stack height, good engineering practice stack height, terrain type, and land use as provided by Subsection R315-266-107(b)(3);
(v) Documentation of compliance with the provisions of Subsection R315-266-107(b)(4), if applicable, for facilities with multiple stacks;
(vi) Documentation that the facility does not fail the criteria provided by Subsection R315-266-107(b)(3) for eligibility to comply with the screening limits; and
(vii) Proposed sampling and analysis plan for total chloride and chlorine for the hazardous waste, other fuels, and industrial furnace feedstocks.
(6) Data in lieu of trial burn. The owner or operator may seek an exemption from the trial burn requirements to demonstrate conformance with Sections R315-266-104 through 107 and Section R315-270-66 by providing the information required by Section R315-270-66 from previous compliance testing of the device in conformance with Subsection R315-266-103, or from compliance testing or trial or operational burns of similar boilers or industrial furnaces burning similar hazardous wastes under similar conditions. If data from a similar device is used to support a trial burn waiver, the design and operating information required by Section R315-270-66 shall be provided for both the similar device and the device to which the data is to be applied, and a comparison of the design and operating information shall be provided. The Director shall approve a permit application without a trial burn if he finds that the hazardous wastes are sufficiently similar, the devices are sufficiently similar, the operating conditions are sufficiently similar, and the data from other compliance tests, trial burns, or operational burns are adequate to specify, under Section R315-266-102, operating conditions that shall ensure conformance with Subsection R315-266-102(c). In addition, the following information shall be submitted:
(i) For a waiver from any trial burn:
(A) A description and analysis of the hazardous waste to be burned compared with the hazardous waste for which data from compliance testing, or operational or trial burns are provided to support the contention that a trial burn is not needed;
(B) The design and operating conditions of the boiler or industrial furnace to be used, compared with that for which comparative burn data are available; and
(C) Such supplemental information as the Director finds necessary to achieve the purposes of Subsection R315-270-22(a).
(ii) For a waiver of the DRE trial burn, the basis for selection of POHCs used in the other trial or operational burns which demonstrate compliance with the DRE performance standard in Subsection R315-266-104(a). This analysis should specify the constituents in appendix VIII, Rule R315-261, that the applicant has identified in the hazardous waste for which a permit is sought, and any differences from the POHCs in the hazardous waste for which burn data are provided.
(b) Alternative HC limit for industrial furnaces with organic matter in raw materials. Owners and operators of industrial furnaces requesting an alternative HC limit under Subsection R315-266-104(f) shall submit the following information at a minimum:
(1) Documentation that the furnace is designed and operated to minimize HC emissions from fuels and raw materials;
(2) Documentation of the proposed baseline flue gas HC, and CO, concentration, including data on HC, and CO, levels during tests when the facility produced normal products under normal operating conditions from normal raw materials while burning normal fuels and when not burning hazardous waste;
(3) Test burn protocol to confirm the baseline HC, and CO, level including information on the type and flow rate of all feedstreams, point of introduction of all feedstreams, total organic carbon content, or other appropriate measure of organic content, of all nonfuel feedstreams, and operating conditions that affect combustion of fuel(s) and destruction of hydrocarbon emissions from nonfuel sources;
(4) Trial burn plan to:
(i) Demonstrate that flue gas HC, and CO, concentrations when burning hazardous waste do not exceed the baseline HC, and CO, level; and
(ii) Identify the types and concentrations of organic compounds listed in appendix VIII, Rule R315-261, that are emitted when burning hazardous waste in conformance with procedures prescribed by the Director;
(5) Implementation plan to monitor over time changes in the operation of the facility that could reduce the baseline HC level and procedures to periodically confirm the baseline HC level; and
(6) Such other information as the Director finds necessary to achieve the purposes of Subsection R315-270-22(b).
(c) Alternative metals implementation approach. When seeking to be permitted under an alternative metals implementation approach under Subsection R315-266-106(f), the owner or operator shall submit documentation specifying how the approach ensures compliance with the metals emissions standards of Subsection R315-266-106(c) or (d) and how the approach can be effectively implemented and monitored. Further, the owner or operator shall provide such other information that the Director finds necessary to achieve the purposes of Subsection R315-270-22(b).
(d) Automatic waste feed cutoff system. Owners and operators shall submit information describing the automatic waste feed cutoff system, including any pre-alarm systems that may be used.
(e) Direct transfer. Owners and operators that use direct transfer operations to feed hazardous waste from transport vehicles, containers, as defined in Section R315-266-111, directly to the boiler or industrial furnace shall submit information supporting conformance with the standards for direct transfer provided by Section R315-266-111.
(f) Residues. Owners and operators that claim that their residues are excluded from regulation under the provisions of Section R315-266-112 shall submit information adequate to demonstrate conformance with those provisions.
R315-270-23. Hazardous Waste Permit Program -- Specific Part B Information Requirements for Miscellaneous Units.
Except as otherwise provided in Section R315-264-600, owners and operators of facilities that treat, store, or dispose of hazardous waste in miscellaneous units shall provide the following additional information:
(a) A detailed description of the unit being used or proposed for use, including the following:
(1) Physical characteristics, materials of construction, and dimensions of the unit;
(2) Detailed plans and engineering reports describing how the unit will be located, designed, constructed, operated, maintained, monitored, inspected, and closed to comply with the requirements of Sections R315-264-601 and 602; and
(3) For disposal units, a detailed description of the plans to comply with the post-closure requirements of Section R315-264-603.
(b) Detailed hydrologic, geologic, and meteorologic assessments and land-use maps for the region surrounding the site that address and ensure compliance of the unit with each factor in the environmental performance standards of Section R315-264-601. If the applicant can demonstrate that he does not violate the environmental performance standards of Section R315-264-601 and the Director agrees with such demonstration, preliminary hydrologic, geologic, and meteorologic assessments will suffice.
(c) Information on the potential pathways of exposure of humans or environmental receptors to hazardous waste or hazardous constituents and on the potential magnitude and nature of such exposures.
(d) For any treatment unit, a report on a demonstration of the effectiveness of the treatment based on laboratory or field data.
(e) Any additional information determined by the Director to be necessary for evaluation of compliance of the unit with the environmental performance standards of Section R315-264-601.
R315-270-24. Hazardous Waste Permit Program -- Specific Part B Information Requirements for Process Vents.
Except as otherwise provided in Section R315-264-1, owners and operators of facilities that have process vents to which Sections R315-264-1030 through 1036 applies shall provide the following additional information:
(a) For facilities that cannot install a closed-vent system and control device to comply with the provisions of Sections R315-264-1030 through 1036 on the effective date that the facility becomes subject to the provisions of Sections R315-264-1030 through 1036 or 40 CFR 265.1030 through 1035, which are adopted by reference, an implementation schedule as specified in Subsection R315-264-1033(a)(2).
(b) Documentation of compliance with the process vent standards in Section R315-264-1032, including:
(1) Information and data identifying all affected process vents, annual throughput and operating hours of each affected unit, estimated emission rates for each affected vent and for the overall facility, i.e., the total emissions for all affected vents at the facility, and the approximate location within the facility of each affected unit, e.g., identify the hazardous waste management units on a facility plot plan.
(2) Information and data supporting estimates of vent emissions and emission reduction achieved by add-on control devices based on engineering calculations or source tests. For the purpose of determining compliance, estimates of vent emissions and emission reductions shall be made using operating parameter values, e.g., temperatures, flow rates, or concentrations, that represent the conditions that exist when the waste management unit is operating at the highest load or capacity level reasonably expected to occur.
(3) Information and data used to determine whether or not a process vent is subject to the requirements of Section R315-264-1032.
(c) Where an owner or operator applies for permission to use a control device other than a thermal vapor incinerator, catalytic vapor incinerator, flare, boiler, process heater, condenser, or carbon adsorption system to comply with the requirements of Section R315-264-1032, and chooses to use test data to determine the organic removal efficiency or the total organic compound concentration achieved by the control device, a performance test plan as specified in Subsection R315-264-1035(b)(3).
(d) Documentation of compliance with Section R315-264-1033, including:
(1) A list of all information references and sources used in preparing the documentation.
(2) Records, including the dates, of each compliance test required by Subsection R315-264-1033(k).
(3) A design analysis, specifications, drawings, schematics, and piping and instrumentation diagrams based on the appropriate sections of "APTI Course 415: Control of Gaseous Emissions" or other engineering texts acceptable to the Director that present basic control device information. The design analysis shall address the vent stream characteristics and control device operation parameters as specified in Subsection R315-264-1035(b)(4)(iii).
(4) A statement signed and dated by the owner or operator certifying that the operating parameters used in the design analysis reasonably represent the conditions that exist when the hazardous waste management unit is or would be operating at the highest load or capacity level reasonably expected to occur.
(5) A statement signed and dated by the owner or operator certifying that the control device is designed to operate at an efficiency of 95 weight percent or greater unless the total organic emission limits of Subsection R315-264-1032(a) for affected process vents at the facility can be attained by a control device involving vapor recovery at an efficiency less than 95 weight percent.
R315-270-25. Hazardous Waste Permit Program -- Specific Part B Information Requirements for Equipment.
Except as otherwise provided in Subsection R315-264-1, owners and operators of facilities that have equipment to which Sections R315-264-1050 through 1065 applies shall provide the following additional information:
(a) For each piece of equipment to which Sections R315-264-1050 through 1065 applies:
(1) Equipment identification number and hazardous waste management unit identification.
(2) Approximate locations within the facility, e.g., identify the hazardous waste management unit on a facility plot plan.
(3) Type of equipment, e.g., a pump or pipeline valve.
(4) Percent by weight total organics in the hazardous waste stream at the equipment.
(5) Hazardous waste state at the equipment, e.g., gas/vapor or liquid.
(6) Method of compliance with the standard, e.g., "monthly leak detection and repair" or "equipped with dual mechanical seals".
(b) For facilities that cannot install a closed-vent system and control device to comply with the provisions of Sections R315-264-1050 through 1065 on the effective date that the facility becomes subject to the provisions of Sections R315-264-1050 through 1065 or 40 CFR 265.1050 through 1064, which are adopted by reference, an implementation schedule as specified in Subsection R315-264-1033(a)(2).
(c) Where an owner or operator applies for permission to use a control device other than a thermal vapor incinerator, catalytic vapor incinerator, flare, boiler, process heater, condenser, or carbon adsorption system and chooses to use test data to determine the organic removal efficiency or the total organic compound concentration achieved by the control device, a performance test plan as specified in Subsection R315-264-1035(b)(3).
(d) Documentation that demonstrates compliance with the equipment standards in Sections R315-264-1052 through 1059. This documentation shall contain the records required under Section R315-264-1064. The Director may request further documentation before deciding if compliance has been demonstrated.
(e) Documentation to demonstrate compliance with Section R315-264-1060 shall include the following information:
(1) A list of all information references and sources used in preparing the documentation.
(2) Records, including the dates, of each compliance test required by Subsection R315-264-1033(j).
(3) A design analysis, specifications, drawings, schematics, and piping and instrumentation diagrams based on the appropriate sections of "APTI Course 415: Control of Gaseous Emissions" or other engineering texts acceptable to the Director that present basic control device information. The design analysis shall address the vent stream characteristics and control device operation parameters as specified in Subsection R315-264-1035(b)(4)(iii).
(4) A statement signed and dated by the owner or operator certifying that the operating parameters used in the design analysis reasonably represent the conditions that exist when the hazardous waste management unit is operating at the highest load or capacity level reasonably expected to occur.
(5) A statement signed and dated by the owner or operator certifying that the control device is designed to operate at an efficiency of 95 weight percent or greater.
R315-270-26. Hazardous Waste Permit Program -- Special Part B Information Requirements for Drip Pads.
Except as otherwise provided by Subsection R315-264-1, owners and operators of hazardous waste treatment, storage, or disposal facilities that collect, store, or treat hazardous waste on drip pads shall provide the following additional information:
(a) A list of hazardous wastes placed or to be placed on each drip pad.
(b) If an exemption is sought to Sections R315-264-90 through 101, as provided by Subsection R315-264-90, detailed plans and an engineering report describing how the requirements of Subsection R315-264-90(b)(2) shall be met.
(c) Detailed plans and an engineering report describing how the drip pad is or will be designed, constructed, operated and maintained to meet the requirements of Section R315-264-573, including the as-built drawings and specifications. This submission shall address the following items as specified in Section R315-264-571:
(1) The design characteristics of the drip pad;
(2) The liner system;
(3) The leakage detection system, including the leak detection system and how it is designed to detect the failure of the drip pad or the presence of any releases of hazardous waste or accumulated liquid at the earliest practicable time;
(4) Practices designed to maintain drip pads;
(5) The associated collection system;
(6) Control of run-on to the drip pad;
(7) Control of run-off from the drip pad;
(8) The interval at which drippage and other materials will be removed from the associated collection system and a statement demonstrating that the interval will be sufficient to prevent overflow onto the drip pad;
(9) Procedures for cleaning the drip pad at least once every seven days to ensure the removal of any accumulated residues of waste or other materials, including but not limited to rinsing, washing with detergents or other appropriate solvents, or steam cleaning and provisions for documenting the date, time, and cleaning procedure used each time the pad is cleaned.
(10) Operating practices and procedures that will be followed to ensure that tracking of hazardous waste or waste constituents off the drip pad due to activities by personnel or equipment is minimized;
(11) Procedures for ensuring that, after removal from the treatment vessel, treated wood from pressure and non-pressure processes is held on the drip pad until drippage has ceased, including recordkeeping practices;
(12) Provisions for ensuring that collection and holding units associated with the run-on and run-off control systems are emptied or otherwise managed as soon as possible after storms to maintain design capacity of the system;
(13) If treatment is carried out on the drip pad, details of the process equipment used, and the nature and quality of the residuals.
(14) A description of how each drip pad, including appurtenances for control of run-on and run-off, will be inspected in order to meet the requirements of Section R315-264-573. This information should be included in the inspection plan submitted under Subsection R315-270-14(b)(5).
(15) A certification signed by a qualified Professional Engineer, stating that the drip pad design meets the requirements of Subsection R315-264-573(a) through (f).
(16) A description of how hazardous waste residues and contaminated materials will be removed from the drip pad at closure, as required under Subsection R315-264-575(a). For any waste not to be removed from the drip pad upon closure, the owner or operator shall submit detailed plans and an engineering report describing how Subsections R315-264-310 (a) and (b) will be complied with. This information should be included in the closure plan and, where applicable, the post-closure plan submitted under Subsection R315-270-14(b)(13).
R315-270-27. Hazardous Waste Permit Program -- Specific Part B Information Requirements for Air Emission Controls for Tanks, Surface Impoundments, and Containers.
(a) Except as otherwise provided in Section R315-264-1, owners and operators of tanks, surface impoundments, or containers that use air emission controls in accordance with the requirements of Sections R315-264-1080 through 1090, shall provide the following additional information:
(1) Documentation for each floating roof cover installed on a tank subject to Subsection R315-264-1084(d)(1) or (d)(2) that includes information prepared by the owner or operator or provided by the cover manufacturer or vendor describing the cover design, and certification by the owner or operator that the cover meets the applicable design specifications as listed in Subsection R315-264-1084(e)(1) or (f)(1).
(2) Identification of each container area subject to the requirements of Sections R315-264-1080 through 1090 and certification by the owner or operator that the requirements of Sections R315-270-10 through 29 are met.
(3) Documentation for each enclosure used to control air pollutant emissions from tanks or containers in accordance with the requirements of Subsection R315-264-1084(d)(5) or 1086(e)(1)(ii) that includes records for the most recent set of calculations and measurements performed by the owner or operator to verify that the enclosure meets the criteria of a permanent total enclosure as specified in "Procedure T-Criteria for and Verification of a Permanent or Temporary Total Enclosure" under 40 CFR 52.741, appendix B.
(4) Documentation for each floating membrane cover installed on a surface impoundment in accordance with the requirements of Subsection R315-264-1085(c) that includes information prepared by the owner or operator or provided by the cover manufacturer or vendor describing the cover design, and certification by the owner or operator that the cover meets the specifications listed in Subsection R315-264-1085(c)(1).
(5) Documentation for each closed-vent system and control device installed in accordance with the requirements of Section R315-264-1087 that includes design and performance information as specified in Subsections R315-270-24(c) and (d).
(6) An emission monitoring plan for both Method 21 in 40 CFR part 60, appendix A and control device monitoring methods. This plan shall include the following information: monitoring point(s), monitoring methods for control devices, monitoring frequency, procedures for documenting exceedances, and procedures for mitigating noncompliances.
(7) When an owner or operator of a facility subject to 40 CFR 265.1080 through 1090, which are adopted by reference, cannot comply with Sections R315-264-1080 through 1090 by the date of permit issuance, the schedule of implementation required under 40 CFR 265.1082, which is adopted by reference.
R315-270-28. Hazardous Waste Permit Program -- Part B Information Requirements for Post-Closure Permits.
For post-closure permits, the owner or operator is required to submit only the information specified in Subsections R315-270-14(b)(1), (4), (5), (6), (11), (13), (14), (16), (18) and (19), (c), and (d), unless the Director determines that additional information from Sections R315-270-14, 16, 17, 18, 20, or 21 is necessary. The owner or operator is required to submit the same information when an alternative authority is used in lieu of a post-closure permit as provided in Subsection R315-270-1(c)(7).
R315-270-29. Hazardous Waste Permit Program -- Permit Denial.
The Director may, pursuant to the procedures in Rule R315-124, deny the permit application either in its entirety or as to the active life of a hazardous waste management facility or unit only.
R315-270-30. Hazardous Waste Permit Program -- Conditions Applicable to All Permits.
The following conditions apply to all hazardous waste facility permits, and shall be incorporated into the permits either expressly or by reference. If incorporated by reference, a specific citation to these regulations shall be given in the permit.
(a) Duty to comply. The permittee shall comply with all conditions of this permit, except that the permittee need not comply with the conditions of this permit to the extent and for the duration such noncompliance is authorized in an emergency permit. (See Section R315-270-61). Any permit noncompliance, except under the terms of an emergency permit, constitutes a violation of Sections 19-6-101 through 125 and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or for denial of a permit renewal application.
(b) Duty to reapply. If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the permittee shall apply for and obtain a new permit.
(c) Need to halt or reduce activity not a defense. It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this permit.
(d) In the event of noncompliance with the permit, the permittee shall take all reasonable steps to minimize releases to the environment, and shall carry out such measures as are reasonable to prevent significant adverse impacts on human health or the environment.
(e) Proper operation and maintenance. The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control, and related appurtenances, which are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance includes effective performance, adequate funding, adequate operator staffing and training, and adequate laboratory and process controls, including appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems only when necessary to achieve compliance with the conditions of the permit.
(f) Permit actions. This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance, does not stay any permit condition.
(g) Property rights. The permit does not convey any property rights of any sort, or any exclusive privilege.
(h) Duty to provide information. The permittee shall furnish to the Director, within a reasonable time, any relevant information which the Director may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit, or to determine compliance with this permit. The permittee shall also furnish to the Director, upon request, copies of records required to be kept by this permit.
(i) Inspection and entry. The permittee shall allow the Director, or an authorized representative, upon the presentation of credentials and other documents as may be required by law to:
(1) Enter at reasonable times upon the permittee's premises where a regulated facility or activity is located or conducted, or where records shall be kept under the conditions of this permit;
(2) Have access to and copy, at reasonable times, any records that shall be kept under the conditions of this permit;
(3) Inspect at reasonable times any facilities, equipment, including monitoring and control equipment; practices; or operations regulated or required under this permit; and
(4) Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by Sections 19-6-101 through 125, any substances or parameters at any location.
(j) Monitoring and records.
(1) Samples and measurements taken for the purpose of monitoring shall be representative of the monitored activity.
(2) The permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this permit, the certification required by Subsection R315-264-73(b)(9), and records of all data used to complete the application for this permit, for a period of at least 3 years from the date of the sample, measurement, report, certification, or application. This period may be extended by request of the Director at any time. The permittee shall maintain records from all ground-water monitoring wells and associated ground-water surface elevations, for the active life of the facility, and for disposal facilities for the post-closure care period as well.
(3) Records for monitoring information shall include:
(i) The date, exact place, and time of sampling or measurements;
(ii) The individual(s) who performed the sampling or measurements;
(iii) The date(s) analyses were performed;
(iv) The individual(s) who performed the analyses;
(v) The analytical techniques or methods used; and
(vi) The results of such analyses.
(k) Signatory requirements. All applications, reports, or information submitted to the Director shall be signed and certified. See Section R315-270-11.
(l) Reporting requirements
(1) Planned changes. The permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility.
(2) Anticipated noncompliance. The permittee shall give advance notice to the Director of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements. For a new facility, the permittee may not treat, store, or dispose of hazardous waste; and for a facility being modified, the permittee may not treat, store, or dispose of hazardous waste in the modified portion of the facility except as provided in Section R315-270-42, until:
(i) The permittee has submitted to the Director by certified mail or hand delivery a letter signed by the permittee and a registered professional engineer stating that the facility has been constructed or modified in compliance with the permit; and
(ii)(A) The Director has inspected the modified or newly constructed facility and finds it is in compliance with the conditions of the permit; or
(B) Within 15 days of the date of submission of the letter in Subsection R315-270-30(l)(2)(i), the permittee has not received notice from the Director of the Director's intent to inspect, prior inspection is waived and the permittee may commence treatment, storage, or disposal of hazardous waste.
(3) Transfers. This permit is not transferable to any person except after notice to the Director. The Director may require modification or revocation and reissuance of the permit to change the name of the permittee and incorporate such other requirements as may be necessary under Sections 19-6-101 through 125. See Section R315-270-40.
(4) Monitoring reports. Monitoring results shall be reported at the intervals specified elsewhere in this permit.
(5) Compliance schedules. Reports of compliance or noncompliance with, or any progress reports on, interim and final requirements contained in any compliance schedule of this permit shall be submitted no later than 14 days following each schedule date.
(6) Twenty-four hour reporting.
(i) The permittee shall report any noncompliance which may endanger health or the environment orally within 24 hours from the time the permittee becomes aware of the circumstances, including:
(A) Information concerning release of any hazardous waste that may cause an endangerment to public drinking water supplies.
(B) Any information of a release or discharge of hazardous waste or of a fire or explosion from the HWM facility, which could threaten the environment or human health outside the facility.
(ii) The description of the occurrence and its cause shall include:
(A) Name, address, and telephone number of the owner or operator;
(B) Name, address, and telephone number of the facility;
(C) Date, time, and type of incident;
(D) Name and quantity of material(s) involved;
(E) The extent of injuries, if any;
(F) An assessment of actual or potential hazards to the environment and human health outside the facility, where this is applicable; and
(G) Estimated quantity and disposition of recovered material that resulted from the incident.
(iii) A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance and its cause; the period of noncompliance including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Director may waive the five day written notice requirement in favor of a written report within 15 days.
(7) Manifest discrepancy report: If a significant discrepancy in a manifest is discovered, the permittee shall attempt to reconcile the discrepancy. If not resolved within 15 days, the permittee shall submit a letter report, including a copy of the manifest, to the Director. See Section R315-264-72.
(8) Unmanifested waste report: This report shall be submitted to the Director within 15 days of receipt of unmanifested waste. See Section R315-264-76
(9) Biennial report: A biennial report shall be submitted covering facility activities during odd numbered calendar years. See Section R315-264-75.
(10) Other noncompliance. The permittee shall report all instances of noncompliance not reported under Subsections R315-270-30(l)(4), (5), and (6), at the time monitoring reports are submitted. The reports shall contain the information listed in Subsections R315-270-30(l)(6).
(11) Other information. Where the permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information.
(m) Information repository. The Director may require the permittee to establish and maintain an information repository at any time, based on the factors set forth in Subsection R315-124-33(b). The information repository shall be governed by the provisions in Subsections R315-124-124-33(c) through (f).
R315-270-31. Hazardous Waste Permit Program -- Requirements for Recording and Reporting of Monitoring Results.
All permits shall specify:
(a) Requirements concerning the proper use, maintenance, and installation, when appropriate, of monitoring equipment or methods, including biological monitoring methods when appropriate;
(b) Required monitoring including type, intervals, and frequency sufficient to yield data which are representative of the monitored activity including, when appropriate, continuous monitoring;
(c) Applicable reporting requirements based upon the impact of the regulated activity and as specified in Rules R315-264 and 266. Reporting shall be no less frequent than specified in the above regulations.
R315-270-32. Hazardous Waste Permit Program -- Establishing Permit Conditions.
(a) In addition to conditions required in all permits (Section R315-270-30) the Director shall establish conditions, as required on a case-by-case basis, in permits under Section R315-270-50 (duration of permits), Subsection R315-270-33(a) (schedules of compliance), and Section R315-270-31 (monitoring).
(b)(1) Each permit shall include permit conditions necessary to achieve compliance with Sections 19-6-101 through 125 and rules adopted thereunder, including each of the applicable requirements specified in Rules R315-264, 266 , and 268. In satisfying this provision, the Director may incorporate applicable requirements of Rules R315-264, 266, and 268 directly into the permit or establish other permit conditions that are based on these rules.
(2) Each permit issued under Section 19-6-108 shall contain terms and conditions as the Director determines necessary to protect human health and the environment.
(3) If, as the result of an assessment(s) or other information, the Director determines that conditions are necessary in addition to those required under 40 CFR parts 63, subpart EEE, Rule R315-264 or 266 to ensure protection of human health and the environment, he shall include those terms and conditions in a permit for a hazardous waste combustion unit.
(c) An applicable requirement is a statutory or regulatory requirement which takes effect prior to final administrative disposition of a permit. An applicable requirement is also any requirement which takes effect prior to the modification or revocation and reissuance of a permit, to the extent allowed in Section R315-270-41.
(d) New or reissued permits, and to the extent allowed under Section R315-270-41, modified or revoked and reissued permits, shall incorporate each of the applicable requirements referenced in Section R315-270-32 and in Section R315-270-31.
(e) Incorporation. All permit conditions shall be incorporated either expressly or by reference. If incorporated by reference, a specific citation to the applicable regulations or requirements shall be given in the permit.
R315-270-33. Hazardous Waste Permit Program -- Schedules of Compliance.
(a) The permit may, when appropriate, specify a schedule of compliance leading to compliance with Sections 19-6-101 through 125 and rules adopted thereunder.
(1) Time for compliance. Any schedules of compliance under Section R315-270-33 shall require compliance as soon as possible.
(2) Interim dates. Except as provided in Subsection R315-270-33(b)(1)(ii), if a permit establishes a schedule of compliance which exceeds 1 year from the date of permit issuance, the schedule shall set forth interim requirements and the dates for their achievement.
(i) The time between interim dates shall not exceed 1 year.
(ii) If the time necessary for completion of any interim requirement is more than 1 year and is not readily divisible into stages for completion, the permit shall specify interim dates for the submission of reports of progress toward completion of the interim requirements and indicate a projected completion date.
(3) Reporting. The permit shall be written to require that no later than 14 days following each interim date and the final date of compliance, the permittee shall notify the Director in writing, of its compliance or noncompliance with the interim or final requirements.
(b) Alternative schedules of compliance. A permit applicant or permittee may cease conducting regulated activities; by receiving a terminal volume of hazardous waste and, for treatment and storage HWM facilities, closing pursuant to applicable requirements; and, for disposal HWM facilities, closing and conducting post-closure care pursuant to applicable requirements; rather than continue to operate and meet permit requirements as follows:
(1) If the permittee decides to cease conducting regulated activities at a given time within the term of a permit which has already been issued:
(i) The permit may be modified to contain a new or additional schedule leading to timely cessation of activities; or
(ii) The permittee shall cease conducting permitted activities before noncompliance with any interim or final compliance schedule requirement already specified in the permit.
(2) If the decision to cease conducting regulated activities is made before issuance of a permit whose term shall include the termination date, the permit shall contain a schedule leading to termination which shall ensure timely compliance with applicable requirements.
(3) If the permittee is undecided whether to cease conducting regulated activities, the Director may issue or modify a permit to contain two schedules as follows:
(i) Both schedules shall contain an identical interim deadline requiring a final decision on whether to cease conducting regulated activities no later than a date which ensures sufficient time to comply with applicable requirements in a timely manner if the decision is to continue conducting regulated activities;
(ii) One schedule shall lead to timely compliance with applicable requirements;
(iii) The second schedule shall lead to cessation of regulated activities by a date which shall ensure timely compliance with applicable requirements;
(iv) Each permit containing two schedules shall include a requirement that after the permittee has made a final decision under Subsection R315-270-33(b)(3)(i) it shall follow the schedule leading to compliance if the decision is to continue conducting regulated activities, and follow the schedule leading to termination if the decision is to cease conducting regulated activities.
(4) The applicant's or permittee's decision to cease conducting regulated activities shall be evidenced by a firm public commitment satisfactory to the Director, such as resolution of the board of directors of a corporation.
R315-270-40. Hazardous Waste Permit Program -- Transfer of Permits.
(a) A permit may be transferred by the permittee to a new owner or operator only if the permit has been modified or revoked and reissued, under Subsection R315-270-40(b) or 41(b)(2), to identify the new permittee and incorporate such other requirements as may be necessary under the appropriate Act.
(b) Changes in the ownership or operational control of a facility may be made as a Class 1 modification with prior written approval of the Director in accordance with Section R315-270-42. The new owner or operator shall submit a revised permit application no later than 90 days prior to the scheduled change. A written agreement containing a specific date for transfer of permit responsibility between the current and new permittees shall also be submitted to the Director. When a transfer of ownership or operational control occurs, the old owner or operator shall comply with the requirements of Sections R315-264-140 through 151 until the new owner or operator has demonstrated that he or she is complying with the requirements of Sections R315-264-140 through 151. The new owner or operator shall demonstrate compliance with Sections R315-264-140 through 151 requirements within six months of the date of the change of ownership or operational control of the facility. Upon demonstration to the Director by the new owner or operator of compliance with Sections R315-264-140 through 151, the Director shall notify the old owner or operator that he or she no longer needs to comply with Sections R315-264-140 through 151 as of the date of demonstration.
R315-270-41. Hazardous Waste Permit Program -- Modification or Revocation and Reissuance of Permits.
When the Director receives any information; for example, inspects the facility, receives information submitted by the permittee as required in the permit, see Section R315-270-30, receives a request for revocation and reissuance under Section R315-124-5 or conducts a review of the permit file; the Director may determine whether one or more of the causes listed in Subsections R315-270-41(a) and (b) for modification, or revocation and reissuance or both exist. If cause exists, the Director may modify or revoke and reissue the permit accordingly, subject to the limitations of Subsection R315-270-41(c), and may request an updated application if necessary. When a permit is modified, only the conditions subject to modification are reopened. If a permit is revoked and reissued, the entire permit is reopened and subject to revision and the permit is reissued for a new term. See Subsection R315-124-5(c)(2). If cause does not exist under Section R315-270-41, the Director shall not modify or revoke and reissue the permit, except on request of the permittee. If a permit modification is requested by the permittee, the Director shall approve or deny the request according to the procedures of Subsection R315-270-42. Otherwise, a draft permit shall be prepared and other procedures in Rule R315-124 followed.
(a) Causes for modification. The following are causes for modification, but not revocation and reissuance, of permits; the following may be causes for revocation and reissuance, as well as modification, when the permittee requests or agrees.
(1) Alterations. There are material and substantial alterations or additions to the permitted facility or activity which occurred after permit issuance which justify the application of permit conditions that are different or absent in the existing permit.
(2) Information. The Director has received information. Permits may be modified during their terms for this cause only if the information was not available at the time of permit issuance, other than revised regulations, guidance, or test methods, and would have justified the application of different permit conditions at the time of issuance.
(3) New statutory requirements or regulations. The standards or regulations on which the permit was based have been changed by statute, through promulgation of new or amended standards or regulations, or by judicial decision after the permit was issued.
(4) Compliance schedules. The Director determines good cause exists for modification of a compliance schedule, such as an act of God, strike, flood, or materials shortage or other events over which the permittee has little or no control and for which there is no reasonably available remedy.
(5) Notwithstanding any other provision in Section R315-270-41, when a permit for a land disposal facility is reviewed by the Director under Subsection R315-270-50(d), the Director shall modify the permit as necessary to assure that the facility continues to comply with the currently applicable requirements in Rules R315-124, 260 through 266, and 270.
(b) Causes for modification or revocation and reissuance. The following are causes to modify or, alternatively, revoke and reissue a permit:
(1) Cause exists for termination under Section R315-270-43, and the Director determines that modification or revocation and reissuance is appropriate.
(2) The Director has received notification; as required in the permit, see Subsection R315-270-30(l)(3); of a proposed transfer of the permit.
(c) Facility siting. Suitability of the facility location will not be considered at the time of permit modification or revocation and reissuance unless new information or standards indicate that a threat to human health or the environment exists which was unknown at the time of permit issuance.
R315-270-42. Hazardous Waste Permit Program -- Permit Modification at the Request of the Permittee.
(a) Class 1 modifications.
(1) Except as provided in Subsection R315-270-42(a)(2), the permittee may put into effect Class 1 modifications listed in appendix I of Section R315-270-42 under the following conditions:
(i) The permittee shall notify the Director concerning the modification by certified mail or other means that establish proof of delivery within 7 calendar days after the change is put into effect. This notice shall specify the changes being made to permit conditions or supporting documents referenced by the permit and shall explain why they are necessary. Along with the notice, the permittee shall provide the applicable information required by Sections R315-270-13 through 21, 62, and 63.
(ii) The permittee shall send a notice of the modification to all persons on the facility mailing list, maintained by the Director in accordance with Subsection R315-124-10(c)(viii), and the appropriate units of State and local government, as specified in Subsection R315-124-10(c)(ix). This notification shall be made within 90 calendar days after the change is put into effect. For the Class I modifications that require prior Director approval, the notification shall be made within 90 calendar days after the Director approves the request.
(iii) Any person may request the Director to review, and the Director may for cause reject, any Class 1 modification. The Director shall inform the permittee by certified mail that a Class 1 modification has been rejected, explaining the reasons for the rejection. If a Class 1 modification has been rejected, the permittee shall comply with the original permit conditions.
(2) Class 1 permit modifications identified in appendix I by an asterisk may be made only with the prior written approval of the Director.
(3) For a Class 1 permit modification, the permittee may elect to follow the procedures in Subsection R315-270-42(b) for Class 2 modifications instead of the Class 1 procedures. The permittee shall inform the Director of this decision in the notice required in Subsection R315-270-42(b)(1).
(b) Class 2 modifications.
(1) For Class 2 modifications, listed in appendix I of Section R315-270-42, the permittee shall submit a modification request to the Director that:
(i) Describes the exact change to be made to the permit conditions and supporting documents referenced by the permit;
(ii) Identifies that the modification is a Class 2 modification;
(iii) Explains why the modification is needed; and
(iv) Provides the applicable information required by Sections R315-270-13 through 21, 62, and 63.
(2) The permittee shall send a notice of the modification request to all persons on the facility mailing list maintained by the Director and to the appropriate units of State and local government as specified in subsection R315-124-10(c)(ix) and shall publish this notice in a major local newspaper of general circulation. This notice shall be mailed and published within 7 days before or after the date of submission of the modification request, and the permittee shall provide to the Director evidence of the mailing and publication. The notice shall include:
(i) Announcement of a 60-day comment period, in accordance with Subsection R315-270-42(b)(5), and the name and address of an Agency contact to whom comments shall be sent;
(ii) Announcement of the date, time, and place for a public meeting held in accordance with Subsection R315-270-42(b)(4);
(iii) Name and telephone number of the permittee's contact person;
(iv) Name and telephone number of an Agency contact person;
(v) Location where copies of the modification request and any supporting documents can be viewed and copied; and
(vi) The following statement: "The permittee's compliance history during the life of the permit being modified is available from the Agency contact person."
(3) The permittee shall place a copy of the permit modification request and supporting documents in a location accessible to the public in the vicinity of the permitted facility.
(4) The permittee shall hold a public meeting no earlier than 15 days after the publication of the notice required in Subsection R315-270-42(b)(2) and no later than 15 days before the close of the 60-day comment period. The meeting shall be held to the extent practicable in the vicinity of the permitted facility.
(5) The public shall be provided 60 days to comment on the modification request. The comment period shall begin on the date the permittee publishes the notice in the local newspaper. Comments should be submitted to the Division contact identified in the public notice.
(6)(i) No later than 90 days after receipt of the notification request, the Director shall:
(A) Approve the modification request, with or without changes, and modify the permit accordingly;
(B) Deny the request;
(C) Determine that the modification request shall follow the procedures in Subsection R315-270-42(c) for Class 3 modifications for the following reasons:
(1) There is significant public concern about the proposed modification; or
(2) The complex nature of the change requires the more extensive procedures of Class 3.
(D) Approve the request, with or without changes, as a temporary authorization having a term of up to 180 days, or
(E) Notify the permittee that the Director will decide on the request within the next 30 days.
(ii) If the Director notifies the permittee of a 30-day extension for a decision, the Director shall, no later than 120 days after receipt of the modification request:
(A) Approve the modification request, with or without changes, and modify the permit accordingly;
(B) Deny the request; or
(C) Determine that the modification request shall follow the procedures in Subsection R315-270-42(c) for Class 3 modifications for the following reasons:
(1) There is significant public concern about the proposed modification; or
(2) The complex nature of the change requires the more extensive procedures of Class 3.
(D) Approve the request, with or without changes, as a temporary authorization having a term of up to 180 days.
(iii) If the Director fails to make one of the decisions specified in Subsection R315-270-42(b)(6)(ii) by the 120th day after receipt of the modification request, the permittee is automatically authorized to conduct the activities described in the modification request for up to 180 days, without formal action by the Director. The authorized activities shall be conducted as described in the permit modification request and shall be in compliance with all appropriate standards of Rule R315-265. If the Director approves, with or without changes, or denies the modification request during the term of the temporary or automatic authorization provided for in Section R315-270-42(b)(6)(i), (ii), or (iii), such action cancels the temporary or automatic authorization.
(iv)(A) In the case of an automatic authorization under Subsection R315-270-42(b)(6)(iii), or a temporary authorization under Subsection R315-270-42(b)(6)(i)(D) or (ii)(D), if the Director has not made a final approval or denial of the modification request by the date 50 days prior to the end of the temporary or automatic authorization, the permittee shall within seven days of that time send a notification to persons on the facility mailing list, and make a reasonable effort to notify other persons who submitted written comments on the modification request, that:
(1) The permittee has been authorized temporarily to conduct the activities described in the permit modification request, and
(2) Unless the Director acts to give final approval or denial of the request by the end of the authorization period, the permittee shall receive authorization to conduct such activities for the life of the permit.
(B) If the owner/operator fails to notify the public by the date specified in Subsection R315-270-42(b)(6)(iv)(A), the effective date of the permanent authorization shall be deferred until 50 days after the owner/operator notifies the public.
(v) Except as provided in Subsection R315-270-42(b)(6)(vii), if the Director does not finally approve or deny a modification request before the end of the automatic or temporary authorization period or reclassify the modification as a Class 3, the permittee is authorized to conduct the activities described in the permit modification request for the life of the permit unless modified later under Section R315-270-41 or 42. The activities authorized under Subsection R315-270-42(b) shall be conducted as described in the permit modification request and shall be in compliance with all appropriate standards of Rule R315-265.
(vi) In making a decision to approve or deny a modification request, including a decision to issue a temporary authorization or to reclassify a modification as a Class 3, the Director shall consider all written comments submitted during the public comment period and shall respond in writing to all significant comments in the Director's decision.
(vii) With the written consent of the permittee, the Director may extend indefinitely or for a specified period the time periods for final approval or denial of a modification request or for reclassifying a modification as a Class 3.
(7) The Director may deny or change the terms of a Class 2 permit modification request under Subsection R315-270-42(b)(6)(i) through (iii) for the following reasons:
(i) The modification request is incomplete;
(ii) The requested modification does not comply with the appropriate requirements of Rule R315-264 or other applicable requirements; or
(iii) The conditions of the modification fail to protect human health and the environment.
(8) The permittee may perform any construction associated with a Class 2 permit modification request beginning 60 days after the submission of the request unless the Director establishes a later date for commencing construction and informs the permittee in writing before day 60.
(c) Class 3 modifications.
(1) For Class 3 modifications listed in appendix I of Section R315-270-42, the permittee shall submit a modification request to the Director that:
(i) Describes the exact change to be made to the permit conditions and supporting documents referenced by the permit;
(ii) Identifies that the modification is a Class 3 modification;
(iii) Explains why the modification is needed; and
(iv) Provides the applicable information required by Sections R315-270-13 through 22, 62, 63, and 66.
(2) The permittee shall send a notice of the modification request to all persons on the facility mailing list maintained by the Director and to the appropriate units of State and local government as specified in Subsection R315-124-10(c)(ix) and shall publish this notice in a major local newspaper of general circulation. This notice shall be mailed and published within seven days before or after the date of submission of the modification request, and the permittee shall provide to the Director evidence of the mailing and publication. The notice shall include:
(i) Announcement of a 60-day comment period, and a name and address of the Director to whom comments shall be sent;
(ii) Announcement of the date, time, and place for a public meeting on the modification request, in accordance with Subsection R315-270-42(c)(4);
(iii) Name and telephone number of the permittee's contact person;
(iv) Name and telephone number of an Division contact person;
(v) Location where copies of the modification request and any supporting documents can be viewed and copied; and
(vi) The following statement: "The permittee's compliance history during the life of the permit being modified is available from the Division's contact person."
(3) The permittee shall place a copy of the permit modification request and supporting documents in a location accessible to the public in the vicinity of the permitted facility.
(4) The permittee shall hold a public meeting no earlier than 15 days after the publication of the notice required in Subsection R315-270-42(c)(2) and no later than 15 days before the close of the 60-day comment period. The meeting shall be held to the extent practicable in the vicinity of the permitted facility.
(5) The public shall be provided at least 60 days to comment on the modification request. The comment period shall begin on the date the permittee publishes the notice in the local newspaper. Comments should be submitted to the Director.
(6) After the conclusion of the 60-day comment period, the Director shall grant or deny the permit modification request according to the permit modification procedures of Rule R315-124. In addition, the Director shall consider and respond to all significant written comments received during the 60-day comment period.
(d) Other modifications.
(1) In the case of modifications not explicitly listed in appendix I of Section R315-270-42, the permittee may submit a Class 3 modification request to the Director, or the permittee may request a determination by the Director that the modification should be reviewed and approved as a Class 1 or Class 2 modification. If the permittee requests that the modification be classified as a Class 1 or 2 modification, the permittee shall provide the Director with the necessary information to support the requested classification.
(2) The Director shall make the determination described in Subsection R315-270-42(d)(1) as promptly as practicable. In determining the appropriate class for a specific modification, the Director shall consider the similarity of the modification to other modifications codified in appendix I and the following criteria:
(i) Class 1 modifications apply to minor changes that keep the permit current with routine changes to the facility or its operation. These changes do not substantially alter the permit conditions or reduce the capacity of the facility to protect human health or the environment. In the case of Class 1 modifications, the Director may require prior approval.
(ii) Class 2 modifications apply to changes that are necessary to enable a permittee to respond, in a timely manner, to,
(A) Common variations in the types and quantities of the wastes managed under the facility permit,
(B) Technological advancements, and
(C) Changes necessary to comply with new regulations, where these changes can be implemented without substantially changing design specifications or management practices in the permit.
(iii) Class 3 modifications substantially alter the facility or its operation.
(e) Temporary authorizations.
(1) Upon request of the permittee, the Director may, without prior public notice and comment, grant the permittee a temporary authorization in accordance with Subsection R315-270-42(e). Temporary authorizations shall have a term of not more than 180 days.
(2)(i) The permittee may request a temporary authorization for:
(A) Any Class 2 modification meeting the criteria in Subsection R315-270-42(e)(3)(ii), and
(B) Any Class 3 modification that meets the criteria in Subsection R315-270-42(e)(3)(ii)(A)or (B); or that meets the criteria in Subsections R315-270-42(e)(3)(ii)(C) through (E) and provides improved management or treatment of a hazardous waste already listed in the facility permit.
(ii) The temporary authorization request shall include:
(A) A description of the activities to be conducted under the temporary authorization;
(B) An explanation of why the temporary authorization is necessary; and
(C) Sufficient information to ensure compliance with Rule R315-264 standards.
(iii) The permittee shall send a notice about the temporary authorization request to all persons on the facility mailing list maintained by the Director and to appropriate units of State and local governments as specified in Subsection R315-124-10(c)(ix). This notification shall be made within seven days of submission of the authorization request.
(3) The Director shall approve or deny the temporary authorization as quickly as practical. To issue a temporary authorization, the Director shall find:
(i) The authorized activities are in compliance with the standards of Rule R315-264.
(ii) The temporary authorization is necessary to achieve one of the following objectives before action is likely to be taken on a modification request:
(A) To facilitate timely implementation of closure or corrective action activities;
(B) To allow treatment or storage in tanks or containers, or in containment buildings in accordance with Rule R315-268;
(C) To prevent disruption of ongoing waste management activities;
(D) To enable the permittee to respond to sudden changes in the types or quantities of the wastes managed under the facility permit; or
(E) To facilitate other changes to protect human health and the environment.
(4) A temporary authorization may be reissued for one additional term of up to 180 days provided that the permittee has requested a Class 2 or 3 permit modification for the activity covered in the temporary authorization, and:
(i) The reissued temporary authorization constitutes the Director's decision on a Class 2 permit modification in accordance with Subsection R315-270-42(b)(6)(i)(D) or (ii)(D), or
(ii) The Director determines that the reissued temporary authorization involving a Class 3 permit modification request is warranted to allow the authorized activities to continue while the modification procedures of Subsection R315-270-42(c) are conducted.
(f) Public notice and appeals of permit modification decisions.
(1) The Director shall notify persons on the facility mailing list and appropriate units of State and local government within 10 days of any decision under Section R315-270-42 to grant or deny a Class 2 or 3 permit modification request. The Director shall also notify such persons within 10 days after an automatic authorization for a Class 2 modification goes into effect under Subsection R315-270-42(b)(6)(iii) or (v).
(2) The Director's decision to grant or deny a Class 2 or 3 permit modification request under Section R315-270-42 may be appealed under the permit appeal procedures of Section R315-124-19.
(3) An automatic authorization that goes into effect under Subsection R315-270-42(b)(6)(iii) or (v) may be appealed under the permit appeal procedures of Section R315-124-19; however, the permittee may continue to conduct the activities pursuant to the automatic authorization unless and until a final determination is made.
(g) Newly regulated wastes and units.
(1) The permittee is authorized to continue to manage wastes listed or identified as hazardous under Rule R315-261, or to continue to manage hazardous waste in units newly regulated as hazardous waste management units, if:
(i) The unit was in existence as a hazardous waste facility with respect to the newly listed or characterized waste or newly regulated waste management unit on the effective date of the final rule listing or identifying the waste, or regulating the unit;
(ii) The permittee submits a Class 1 modification request on or before the date on which the waste or unit becomes subject to the new requirements;
(iii) The permittee is in compliance with the applicable standards of Rules R315-265 and 266;
(iv) The permittee also submits a complete Class 2 or 3 modification request within 180 days of the effective date of the rule listing or identifying the waste, or subjecting the unit to hazardous waste management standards;
(v) In the case of land disposal units, the permittee certifies that each such unit is in compliance with all applicable requirements of Rule R315-265 for groundwater monitoring and financial responsibility on the date 12 months after the effective date of the rule identifying or listing the waste as hazardous, or regulating the unit as a hazardous waste management unit. If the owner or operator fails to certify compliance with all these requirements, the permittee shall lose authority to operate under Section R315-270-42.
(2) New wastes or units added to a facility's permit under Subsection R315-270-42(g) do not constitute expansions for the purpose of the 25 percent capacity expansion limit for Class 2 modifications.
(h) Reserved.
(i) Permit modification list. The Director shall maintain a list of all approved permit modifications and shall publish a notice once a year in a State-wide newspaper that an updated list is available for review.
(j) Combustion facility changes to meet 40 CFR 63 MACT standards. The following procedures apply to hazardous waste combustion facility permit modifications requested under appendix I of Section R315-270-42, section L(9).
(1) Facility owners or operators shall have complied with the Notification of Intent to Comply (NIC) requirements of 40 CFR 63.1210 that were in effect prior to October 11, 2000, (See 40 CFR part 63 Section 63.1200-63.1499 revised as of July 1, 2000) in order to request a permit modification under Section R315-270-42 for the purpose of technology changes needed to meet the standards under 40 CFR 63.1203, 63.1204, and 63.1205.
(2) Facility owners or operators shall comply with the Notification of Intent to Comply (NIC) requirements of 40 CFR 63.1210(b) and 63.1212(a) before a permit modification can be requested under Section R315-270-42 for the purpose of technology changes needed to meet the 40 CFR 63.1215, 63.1216, 63.1217, 63.1218, 63.1219, 63.1220, and 63.1221 standards promulgated on October 12, 2005.
(3) If the Director does not approve or deny the request within 90 days of receiving it, the request shall be deemed approved. The Director may, at the Director's discretion, extend this 90 day deadline one time for up to 30 days by notifying the facility owner or operator.
(k) Waiver of permit conditions in support of transition to the 40 CFR 63 MACT standards.
(1) the permittee may request to have specific operating and emissions limits waived by submitting a Class 1 permit modification request under appendix I of Section R315-270-42, section L(10). The permittee shall:
(i) Identify the specific RCRA permit operating and emissions limits which the permittee is requesting to waive;
(ii) Provide an explanation of why the changes are necessary in order to minimize or eliminate conflicts between the hazardous waste permit and MACT compliance; and
(iii) Discuss how the revised provisions will be sufficiently protective.
(iv) The Director shall approve or deny the request within 30 days of receipt of the request. The Director may, at the Director's discretion, extend this 30 day deadline one time for up to 30 days by notifying the facility owner or operator.
(2) To request this modification in conjunction with MACT performance testing where permit limits may only be waived during actual test events and pretesting, as defined under 40 CFR 63.1207(h)(2)(i) and (ii), for an aggregate time not to exceed 720 hours of operation, renewable at the discretion of the Director, the permittee shall:
(i) Submit a modification request to the Director at the same time test plans are submitted to the Director; and
(ii) The Director may elect to approve or deny the request continent upon approval of the test plans.
R315-270-43. Appendix I to Section R315-270-42 -- Classification of Permit Modification.
Table
Modifications Class
A. General Permit Provisions
1. Administrative and informational changes 1
2. Correction of typographical errors 1
3. Equipment replacement or upgrading with 1
functionally equivalent components, e.g., pipes,
valves, pumps, conveyors, controls
4. Changes in the frequency of or procedures for
monitoring, reporting, sampling, or maintenance
activities by the permittee:
a. To provide for more frequent monitoring, 1
reporting, sampling, or maintenance
b. Other changes, 2
5. Schedule of compliance:
a. Changes in interim compliance dates,with prior 11
approval of the Director
b. Extension of final compliance date 3
6. Changes in expiration date of permit to allow 11
earlier permit termination, with prior approval
of the Director
7. Changes in ownership or operational control of a 11
facility, provided the procedures of Subsection
R315-270-40(b) are followed
8. Changes to remove permit conditions that are no 11
longer applicable, i.e., because the standards
upon which they are based are no longer
applicable to the facility.
9. Changes to remove permit conditions applicable 11
to a unit excluded under the provisions of
Section R315-261-4.
10. Changes in the expiration date of a permit 11
issued to a facility at which all units are
excluded under the provisions of Section
R315-261-4.
B. General Facility Standards
1. Changes to waste sampling or analysis methods
a. To conform with agency guidance or regulations 1
b. To incorporate changes associated with F039, 1
multi-source leachate, sampling or analysis
methods
c. To incorporate changes associated with 11
underlying hazardous constituents in
ignitable or corrosive wastes
d. Other changes 2
2. Changes to analytical quality assurance/control
plan:
a. To conform with agency guidance or regulations 1
b. Other changes 2
3. Changes in procedures for maintaining the 1
operating record
4. Changes in frequency or content of inspection 2
schedules
5. Changes in the training plan:
a. That affect the type or decrease the amount of 2
training given to employees
b. Other changes 1
6. Contingency plan:
a. Changes in emergency procedures, i.e., spill 2
or release response procedures
b. Replacement with functionally equivalent 1
equipment, upgrade, or relocate emergency
equipment listed
c. Removal of equipment from emergency equipment 2
list
d. Changes in name, address, or phone number of 1
coordinators or other persons or agencies
identified in the plan
7. Construction quality assurance plan:
a. Changes that the CQA officer certifies in the 1
operating record will provide equivalent or
better certainty that the unit components meet
the design specifications
b. Other changes 2
Note: When a permit modification, such as introduction of
a new unit, requires a change in facility plans or other
general facility standards, that change shall be reviewed
under the same procedures as the permit modification.
C. Ground-Water Protection
1. Changes to wells:
a. Changes in the number, location, depth, or 2
design of upgradient or downgradient wells of
permitted ground-water monitoring system
b. Replacement of an existing well that has been 1
damaged or rendered inoperable, without change
to location, design, or depth of the well
2. Changes in ground-water sampling or analysis 11
procedures or monitoring schedule, with prior
approval of the Director
3. Changes in statistical procedure for determining 11
whether a statistically significant change in
ground-water quality between upgradient and
downgradient wells has occurred, with prior
approval of the Director
4. Changes in point of compliance 2
5. Changes in indicator parameters, hazardous
constituents, or concentration limits, including
ACLs:
a. As specified in the groundwater protection 3
standard
b. As specified in the detection monitoring 2
program
6. Changes to a detection monitoring program as 2
required by Subsection R315-264-98(h), unless
otherwise specified in this appendix
7. Compliance monitoring program:
a. Addition of compliance monitoring program as 3
required by Sections R315-264-98(g)(4) and
R315-264-99
b. Changes to a compliance monitoring program as 2
required by Subsection R315-264-99(j),
unless otherwise specified in this appendix
8. Corrective action program:
a. Addition of a corrective action program as 3
required by Subsection R315-264-99(h)(2)
and Section R315-264-100
b. Changes to a corrective action program as 2
required by Subsection R315-264-100(h), unless
otherwise
specified in this appendix
D. Closure
1. Changes to the closure plan:
a. Changes in estimate of maximum extent of 11
operations or maximum inventory of waste
on-site at any time during the active life
of the facility, with prior approval of the
Director
b. Changes in the closure schedule for any unit, 11
changes in the final closure schedule for
the facility, or extension of the closure
period, with prior approval of the Director
c. Changes in the expected year of final 11
closure, where other permit conditions are
not changed, with prior approval of the
Director
d. Changes in procedures for decontamination of 11
facility equipment or structures, with prior
approval of the Director
e. Changes in approved closure plan resulting 2
from unexpected events occurring during
partial or final closure, unless otherwise
specified in this appendix
f. Extension of the closure period to allow a 2
landfill, surface impoundment or land
treatment unit to receive non-hazardous
wastes after final receipt of hazardous
wastes under Subsections R315-264-113(d)
and (e)
2. Creation of a new landfill unit as part of 3
closure
3. Addition of the following new units to be used
temporarily for closure activities:
a. Surface impoundments 3
b. Incinerators 3
c. Waste piles that do not comply with 3
Subsection R315-264-250(c)
d. Waste piles that comply with Subsection 2
R315-264-250(c)
e. Tanks or containers, other than specified 2
below
f. Tanks used for neutralization, dewatering, 11
phase separation, or component separation,
with prior approval of the Director
g. Staging piles 2
E. Post-Closure
1. Changes in name, address, or phone number of 1
contact in post-closure plan
2. Extension of post-closure care period 2
3. Reduction in the post-closure care period 3
4. Changes to the expected year of final closure, 1
where other permit conditions are not changed
5. Changes in post-closure plan necessitated by 2
events occurring during the active life of the
facility, including partial and final closure
F. Containers
1. Modification or addition of container units:
a. Resulting in greater than 25% increase in 3
the facility's container storage capacity,
except as provided in F(1)(c) and F(4)(a)
below
b. Resulting in up to 25% increase in the 2
facility's container storage capacity,
except as provided in F(1)(c) and F(4)(a)
below
c. Or treatment processes necessary to treat 11
wastes that are restricted from land
disposal to meet some or all of the
applicable treatment standards or to treat
wastes to satisfy (in whole or in part) the
standard of "use of practically available
technology that yields the greatest
environmental benefit" contained in
Subsection R315-268-8(a)(2)(ii), with prior
approval of the Director. This modification
may also involve addition of new waste codes
or narrative descriptions of wastes. It is
not applicable to dioxin-containing wastes,
F020, 021, 022, 023, 026, 027, and 028
2.
a. Modification of a container unit without 2
increasing the capacity of the unit
b. Addition of a roof to a container unit 1
without alteration of the containment system
3. Storage of different wastes in containers,
except as provided in (F)(4) below:
a. That require additional or different 3
management practices from those authorized
in the permit
b. That do not require additional or different 2
management practices from those authorized
in the permit
Note: See Subsection R315-270-42(g) for modification
procedures to be used for the management of newly
listed or identified wastes.
4. Storage or treatment of different wastes in
containers:
a. That require addition of units or change in 11
treatment process or management standards,
provided that the wastes are restricted
from land disposal and are to be treated
to meet some or all of the applicable
treatment standards, or that are to be
treated to satisfy, in whole or in part,
the standard of "use of practically
available technology that yields the
greatest environmental benefit." This
modification is not applicable to
dioxin-containing wastes, F020, 021, 022,
023, 026, 027, and 028)
b. That do not require the addition of units 11
or a change in the treatment process or
management standards, and provided that the
units have previously received wastes of
the same type, e.g., incinerator scrubber
water. This modification is not applicable
to dioxin-containing wastes, F020, 021,
022, 023, 026, 027, and 028
G. Tanks
1.
a. Modification or addition of tank units 3
resulting in greater than 25% increase in
the facility's tank capacity, except as
provided in G(1)(c), G(1)(d), and G(1)(e)
below
b. Modification or addition of tank units 2
resulting in up to 25% increase in the
facility's tank capacity, except as
provided in G(1)(d) and G(1)(e) below
c. Addition of a new tank that will operate 2
for more than 90 days using any of the
following physical or chemical treatment
technologies: neutralization, dewatering,
phase separation, or component separation
d. After prior approval of the Director, 11
addition of a new tank that will operate
for up to 90 days using any of the
following physical or chemical treatment
technologies: neutralization, dewatering,
phase separation, or component separation
e. Modification or addition of tank units or 11
treatment processes necessary to treat
wastes that are restricted from land
disposal to meet some or all of the
applicable treatment standards or to treat
wastes to satisfy, in whole or in part, the
standard of "use of practically available
technology that yields the greatest
environmental benefit," with prior
approval of the Director. This modification
may also involve addition of new waste codes.
It is not applicable to dioxin-containing
wastes, F020, 021, 022, 023, 026, 027,
and 028
2. Modification of a tank unit or secondary 2
containment system without increasing the
capacity of the unit
3. Replacement of a tank with a tank that meets 1
the same design standards and has a capacity
within ±10% of the replaced tank provided
-The capacity difference is no more than 1500
gallons,
-The facility's permitted tank capacity
is not increased, and
-The replacement tank meets the same
conditions in the permit.
4. Modification of a tank management practice 2
5. Management of different wastes in tanks:
a. That require additional or different 3
management practices, tank design,
different fire protection specifications,
or significantly different tank treatment
process from that authorized in the permit,
except as provided in (G)(5)(c) below
b. That do not require additional or different 2
management practices, tank design, different
fire protection specifications, or
significantly different tank treatment
process than authorized in the permit,
except as provided in (G)(5)(d)
c. That require addition of units or change 11
in treatment processes or management
standards, provided that the wastes are
restricted from land disposal and are to
be treated to meet some or all of the
applicable treatment standards or that are
to be treated to satisfy, in whole or in
part, the standard of "use of practically
available technology that yields the
greatest environmental benefit." The
modification is not applicable to
dioxin-containing wastes, F020, 021, 022,
023, 026, 027, and 028
d. That do not require the addition of 1
units or a change in the treatment process
or management standards, and provided that
the units have previously received wastes
of the same type, e.g., incinerator scrubber
water. This modification is not applicable
to dioxin-containing wastes, F020, 021,
022, 023, 026, 027, and 028
Note: See Subsection R315-270-42(g) for modification
procedures to be used for the management of newly
listed or identified wastes.
H. Surface Impoundments
1. Modification or addition of surface 3
impoundment units that result in increasing
the facility's surface impoundment storage or
treatment capacity
2. Replacement of a surface impoundment unit 3
3. Modification of a surface impoundment unit 2
without increasing the facility's surface
impoundment storage or treatment capacity and
without modifying the unit's liner, leak
detection system, or leachate collection
system
4. Modification of a surface impoundment 2
management practice0
5. Treatment, storage, or disposal of different
wastes in surface impoundments:
a. That require additional or different 3
management practices or different design
of the liner or leak detection system than
authorized in the permit
b. That do not require additional or different 2
management practices or different design of
the liner or leak detection system than
authorized in the permit
c. That are wastes restricted from land 1
disposal that meet the applicable treatment
standards or that are treated to satisfy
the standard of "use of practically
available technology that yields the
greatest environmental benefit," and
provided that the unit meets the minimum
technological requirements stated in
Subsection R315-268-5(h)(2). This
modification is not applicable to
dioxin-containing wastes, F020, 021, 022,
023, 026, 027, and 028
d. That are residues from wastewater 1
treatment or incineration, provided that
disposal occurs in a unit that meets the
minimum technological requirements stated in
Subsection R315-268-5(h)(2), and provided
further that the surface impoundment has
previously received wastes of the same type,
for example, incinerator scrubber water.
This modification is not applicable to
dioxin-containing wastes, F020, 021, 022,
023, 026, 027, and 028
6. Modifications of unconstructed units to comply 11
with Subsection R315-264-221(c) and 226(d), and
Sections R315-264-222, and 223
7. Changes in response action plan:
a. Increase in action leakage rate 3
b. Change in a specific response reducing its 3
frequency or effectiveness
c. Other changes 2
Note: See Subsection R315-270-42(g) for modification
procedures to be used for the management of newly
listed or identified wastes,
I. Enclosed Waste Piles. For all waste piles except
those complying with Subsection R315-264-250(c), modifications
are treated the same as for a landfill. The following
modifications are applicable only to waste piles
complying with Subsection R315-264-250(c).
1. Modification or addition of waste pile units:
a. Resulting in greater than 25% increase 3
in the facility's waste pile storage or
treatment capacity
b. Resulting in up to 25% increase in the 2
facility's waste pile storage or treatment
capacity
2. Modification of waste pile unit without 2
increasing the capacity of the unit
3. Replacement of a waste pile unit with another 1
waste pile unit of the same design and
capacity and meeting all waste pile conditions
in the permit
4. Modification of a waste pile management 2
practice
5. Storage or treatment of different wastes in
waste piles:
a. That require additional or different 3
management practices or different design
of the unit
b. That do not require additional or different 2
management practices or different design
of the unit
6. Conversion of an enclosed waste pile to a 2
containment building unit
Note: See Subsection R315-270-42(g) for modification
procedures to be used for the management of newly
listed or identified wastes.
J. Landfills and Unenclosed Waste Piles
1. Modification or addition of landfill units 3
that result in increasing the facility's
disposal capacity
2. Replacement of a landfill 3
3. Addition or modification of a liner, leachate 3
collection system, leachate detection system,
run-off control, or final cover system
4. Modification of a landfill unit without 2
changing a liner, leachate collection system,
leachate detection system, run-off control, or
final cover system
5. Modification of a landfill management practice 2
6. Landfill different wastes:
a. That require additional or different 3
management practices, different design of
the liner, leachate collection system, or
leachate detection system
b. That do not require additional or different 2
management practices, different design of
the liner, leachate collection system, or
leachate detection system
c. That are wastes restricted from land 1
disposal that meet the applicable treatment
standards or that are treated to satisfy
the standard of "use of practically
available technology that yields the
greatest environmental benefit," and
provided that the landfill unit meets the
minimum technological requirements stated
in Subsection R315-268-5(h)(2). This
modification is not applicable to
dioxin-containing wastes, F020, 021, 022,
023, 026, 027, and 028
d. That are residues from wastewater 1
treatment or incineration, provided that
disposal occurs in a landfill unit that
meets the minimum technological requirements
stated in Subsection R315-268-5(h)(2), and
provided further that the landfill has
previously received wastes of the same type,
for example, incinerator ash. This
modification is not applicable to
dioxin-containing wastes, F020, 021, 022,
023, 026, 027, and 028
7. Modifications of unconstructed units to comply 11
with Subsection R315-264-251(c), Sections
R315-264-252 and 253, Subsections R315-264-
254(c) and R315-264-301(c), Section R315-264-
302, Subsection R315-264-303(c), and Section
R315-264-304
8. Changes in response action plan:
a. Increase in action leakage rate 3
b. Change in a specific response reducing its 3
frequency or effectiveness
c. Other changes 2
Note: See Subsection R315-270-42(g) for modification
procedures to be used for the management of newly
listed or identified wastes.,
K. Land Treatment
1. Lateral expansion of or other modification of 3
a land treatment unit to increase areal extent
2. Modification of run-on control system 2
3. Modify run-off control system 3
4. Other modifications of land treatment unit 2
component specifications or standards required
in permit
5. Management of different wastes in land
treatment units:
a. That require a change in permit operating 3
conditions or unit design specifications
b. That do not require a change in permit 2
operating conditions or unit design
specifications
Note: See Subsection R315-270-42(g) for modification
procedures to be used for the management of newly
listed or identified wastes
6. Modification of a land treatment unit
management practice to:
a. Increase rate or change method of waste 3
application
b. Decrease rate of waste application 1
7. Modification of a land treatment unit 2
management practice to change measures of pH
or moisture content, or to enhance microbial
or chemical reactions
8. Modification of a land treatment unit 3
management practice to grow food chain crops,
to add to or replace existing permitted crops
with different food chain crops, or to modify
operating plans for distribution of animal
feeds resulting from such crops
9. Modification of operating practice due to 3
detection of releases from the land treatment
unit pursuant to Subsection R315-264-278(g)(2)
10. Changes in the unsaturated zone monitoring 3
system, resulting in a change to the location,
depth, number of sampling points, or replace
unsaturated zone monitoring devices or
components of devices with devices or
components that have specifications different
from permit requirements
11. Changes in the unsaturated zone monitoring 2
system that do not result in a change to the
location, depth, number of sampling points,
or that replace unsaturated zone monitoring
devices or components of devices with devices
or components having specifications different
from permit requirements
12. Changes in background values for hazardous 2
constituents in soil and soil-pore liquid
13. Changes in sampling, analysis, or statistical 2
procedure
14. Changes in land treatment demonstration 2
program prior to or during the demonstration
15. Changes in any condition specified in the 11
permit for a land treatment unit to reflect
results of the land treatment demonstration,
provided performance standards are met, and
the Director's prior approval has been received
16. Changes to allow a second land treatment 11
demonstration to be conducted when the results
of the first demonstration have not shown the
conditions under which the wastes can be
treated completely, provided the conditions
for the second demonstration are substantially
the same as the conditions for the first
demonstration and have received the prior
approval of the Director
17. Changes to allow a second land treatment 3
demonstration to be conducted when the results
of the first demonstration have not shown the
conditions under which the wastes can be
treated completely, where the conditions for
the second demonstration are not substantially
the same as the conditions for the first
demonstration
18. Changes in vegetative cover requirements for 2
closure
L. Incinerators, Boilers, and Industrial Furnaces:
1. Changes to increase by more than 25% any of 3
the following limits authorized in the
permit: A thermal feed rate limit, a
feedstream feed rate limit, a chlorine/
chloride feed rate limit, a metal feed rate
limit, or an ash feed rate limit. The Director
shall require a new trial burn to substantiate
compliance with the regulatory performance
standards unless this demonstration can be
made through other means
2. Changes to increase by up to 25% any of the 2
following limits authorized in the permit: A
thermal feed rate limit, a feedstream feed rate
limit, a chlorine/chloride feed rate limit, a
metal feed rate limit, or an ash feed rate
limit. The Director shall require a new trial
burn to substantiate compliance with the
regulatory performance standards unless this
demonstration can be made through other means
3. Modification of an incinerator, boiler, or 3
industrial furnace unit by changing the
internal size or geometry of the primary or
secondary combustion units, by adding a
primary or secondary combustion unit, by
substantially changing the design of any
component used to remove HCl/Cl 2, metals, or
particulate from the combustion gases, or by
changing other features of the incinerator,
boiler, or industrial furnace that could
affect its capability to meet the regulatory
performance standards. The Director shall
require a new trial burn to substantiate
compliance with the regulatory performance
standards unless this demonstration can be
made through other means
4. Modification of an incinerator, boiler, or 2
industrial furnace unit in a manner that would
not likely affect the capability of the unit
to meet the regulatory performance standards
but which would change the operating
conditions or monitoring requirements
specified in the permit. The Director may
require a new trial burn to demonstrate
compliance with the regulatory performance
standards
5. Operating requirements:
a. Modification of the limits specified in 3
the permit for minimum or maximum
combustion gas temperature, minimum
combustion gas residence time, oxygen
concentration in the secondary combustion
chamber, flue gas carbon monoxide and
hydrocarbon concentration, maximum
temperature at the inlet to the particulate
matter emission control system, or operating
parameters for the air pollution control
system. The Director shall require a new
trial burn to substantiate compliance with
the regulatory performance standards unless
this demonstration can be made through other
means
b. Modification of any stack gas emission 3
limits specified in the permit, or
modification of any conditions in the
permit concerning emergency shutdown or
automatic waste feed cutoff procedures or
controls
c. Modification of any other operating 2
condition or any inspection or recordkeeping
requirement specified in the permit
6. Burning different wastes:
a. If the waste contains a POHC that is more 3
difficult to burn than authorized by the
permit or if burning of the waste requires
compliance with different regulatory
performance standards than specified in
the permit. The Director shall require a new
trial burn to substantiate compliance with
the regulatory performance standards unless
this demonstration can be made through
other means
b. If the waste does not contain a POHC that 2
is more difficult to burn than authorized
by the permit and if burning of the waste
does not require compliance with different
regulatory performance standards than
specified in the permit
Note: See Subsection R315-270-42(g) for
modification procedures to be used for the
management of newly listed or identified wastes
7. Shakedown and trial burn:
a. Modification of the trial burn plan or 2
any of the permit conditions applicable
during the shakedown period for determining
operational readiness after construction,
the trial burn period, or the period
immediately following the trial burn
b. Authorization of up to an additional 720 11
hours of waste burning during the
shakedown period for determining
operational readiness after construction,
with the prior approval of the Director
c. Changes in the operating requirements set 11
in the permit for conducting a trial burn,
provided the change is minor and has
received the prior approval of the
Director
d. Changes in the ranges of the operating 11
requirements set in the permit to reflect
the results of the trial burn, provided the
change is minor and has received the prior
approval of the Director
8. Substitution of an alternative type of 1
nonhazardous waste fuel that is not specified
in the permit
9. Technology changes needed to meet standards 11
under 40 CFR part 63 (Subpart EEE-National
Emission Standards for Hazardous Air
Pollutants From Hazardous Waste Combustors),
provided the procedures of Subsection R315-270-42(j) are
followed.
10. Changes to RCRA permit provisions needed to
support transition to 40 CFR part 63 (Subpart
EEE-National Emission Standards for Hazardous
Air Pollutants From Hazardous Waste Combustors),
provided the procedures of Subsection R315-
270-42(k) are followed.
M. Containment Buildings.
1. Modification or addition of containment
building units:
a. Resulting in greater than 25% increase 3
in the facility's containment building
storage or treatment capacity
b. Resulting in up to 25% increase in the 2
facility's containment building storage or
treatment capacity
2. Modification of a containment building unit 2
or secondary containment system without
increasing the capacity of the unit
3. Replacement of a containment building with a
containment building that meets the same
design standards provided:
a. The unit capacity is not increased 1
b. The replacement containment building meets 1
the same conditions in the permit
4. Modification of a containment building 2
management practice
5. Storage or treatment of different wastes in
containment buildings:
a. That require additional or different 3
management practices
b. That do not require additional or different 2
management practices
N. Corrective Action:
1. Approval of a corrective action management 3
unit pursuant to Section R315-264-552
2. Approval of a temporary unit or time 2
extension for a temporary unit pursuant to
Section R315-264-553
3. Approval of a staging pile or staging pile 2
operating term extension pursuant to
Section R315-264-554
O. Burden Reduction
1. Reserved
2. Development of one contingency plan based on 1
Integrated Contingency Plan Guidance pursuant
to Subsection R315-264-52(b)
3. Changes to recordkeeping and reporting 1
requirements pursuant to: Subsections R315-
264-56(i), R315-264-343(a)(2), R315-264-
1061(b)(1),(d), R315-264-1062(a)(2), R315-264-
196(f), R315-264-100(g), and R315-264-113(e)(5)
4. Changes to inspection frequency for tank 1
systems pursuant to Subsection R315-264-195(b)
5. Changes to detection and compliance monitoring 1
program pursuant to Subsections R315-264-98(d),
(g)(2), and (g)(3), R315-264-99(f), and (g)
1Class 1 modifications requiring prior Agency approval.R315-270-43. Hazardous Waste Permit Program -- Termination of Permits.
(a) The following are causes for terminating a permit during its term, or for denying a permit renewal application:
(1) Noncompliance by the permittee with any condition of the permit;
(2) The permittee's failure in the application or during the permit issuance process to disclose fully all relevant facts, or the permittee's misrepresentation of any relevant facts at any time; or
(3) A determination that the permitted activity endangers human health or the environment and can only be regulated to acceptable levels by permit modification or termination.
(b) The Director shall follow the applicable procedures in Rule R315-124 in terminating any permit under Section R315-270-43.
R315-270-50. Hazardous Waste Permit Program -- Duration of Permits.
(a) Hazardous Waste operation permits shall be effective for a fixed term not to exceed 10 years.
(b) Except as provided in Section R315-270-51, the term of a permit shall not be extended by modification beyond the maximum duration specified in Section R315-270-50.
(c) The Director may issue any permit for a duration that is less than the full allowable term under Section R315-270-50.
(d) Each permit for a land disposal facility shall be reviewed by the Director five years after the date of permit issuance or reissuance and shall be modified as necessary, as provided in Section R315-270-41.
R315-270-51. Hazardous Waste Permit Program -- Continuation of Expiring Permits.
(a) The conditions of an expired permit continue in force until the effective date of a new permit if:
(1) The permittee has submitted a timely application under Section R315-270-14 and the applicable sections in Sections R315-270-15 through 29 which is a complete application for a new permit; and
(2) The Director through no fault of the permittee, does not issue a new permit with an effective date under Section R315-124-15 on or before the expiration date of the previous permit, for example, when issuance is impracticable due to time or resource constraints.
(b) Effect. Permits continued under Section R315-270-51 remain fully effective and enforceable.
(c) Enforcement. When the permittee is not in compliance with the conditions of the expiring or expired permit, the Director may choose to do any or all of the following:
(1) Initiate enforcement action based upon the permit which has been continued;
(2) Issue a notice of intent to deny the new permit under Section R315-124-6. If the permit is denied, the owner or operator would then be required to cease the activities authorized by the continued permit or be subject to enforcement action for operating without a permit;
(3) Issue a new permit under Rule R315-124 with appropriate conditions; or
(4) Take other actions authorized by these rules.
(d) State continuation. If a permittee has submitted a timely and complete application under applicable State law and regulations, the terms and conditions of an EPA-issued RCRA permit continue in force beyond the expiration date of the permit, but only until the effective date of the State's issuance or denial of a State RCRA permit.
R315-270-60. Hazardous Waste Permit Program -- Permits by Rule.
Notwithstanding any other provision of Section R315-270-60 or Rule R315-124, the following shall be deemed to have a approved hazardous waste permit if the conditions listed are met:
(a) Reserved
(b) Injection wells. The owner or operator of an injection well disposing of hazardous waste, if the owner or operator:
(1) Has a permit for underground injection issued under Rule R317-7 and 40 CFR 144 or 145; and
(2) Complies with the conditions of that permit and the requirements of 40 CFR 144.14 and Section R317-7-11.
(3) For UIC permits issued after November 8, 1984:
(i) Complies with Section R315-264-101; and
(ii) Where the UIC well is the only unit at a facility which requires a hazardous waste permit, complies with Subsection R315-270-14(d).
(c) Publicly owned treatment works. The owner or operator of a POTW which accepts for treatment hazardous waste, if the owner or operator:
(1) Has an NPDES permit;
(2) Complies with the conditions of that permit; and
(3) Complies with the following regulations:
(i) Section R315-264-11, Identification number;
(ii) Section R315-264-71, Use of manifest system;
(iii) Section R315-264-72, Manifest discrepancies;
(iv) Section R315-264-73(a) and (b)(1), Operating record;
(v) Section R315-264-75, Biennial report;
(vi) Section R315-264-76, Unmanifested waste report; and
(vii) For NPDES permits issued after November 8, 1984, Section R315-264-101.
(4) If the waste meets all Federal, State, and local pretreatment requirements which would be applicable to the waste if it were being discharged into the POTW through a sewer, pipe, or similar conveyance.
R315-270-61. Hazardous Waste Permit Program -- Emergency Permits.
(a) Notwithstanding any other provision of Rule R315-270 or Rule R315-124, in the event the Director finds an imminent and substantial endangerment to human health or the environment the Director may issue a temporary emergency permit:
(1) To a non-permitted facility to allow treatment, storage, or disposal of hazardous waste; or
(2) To a permitted facility to allow treatment, storage, or disposal of a hazardous waste not covered by an effective permit.
(b) This emergency permit:
(1) May be oral or written. If oral, it shall be followed in five days by a written emergency permit;
(2) Shall not exceed 90 days in duration;
(3) Shall clearly specify the hazardous wastes to be received, and the manner and location of their treatment, storage, or disposal;
(4) May be terminated by the Director at any time without process if the Director determines that termination is appropriate to protect human health and the environment;
(5) Shall be accompanied by a public notice published under Subsection R315-124-10(b) including:
(i) Name and address of the office granting the emergency authorization;
(ii) Name and location of the permitted hazardous waste management facility;
(iii) A brief description of the wastes involved;
(iv) A brief description of the action authorized and reasons for authorizing it; and
(v) Duration of the emergency permit; and
(6) Shall incorporate, to the extent possible and not inconsistent with the emergency situation, all applicable requirements of Rule R315-270 and Rules R315-264 and 266.
R315-270-62. Hazardous Waste Permit Program -- Hazardous Waste Incinerator Permits.
When an owner or operator of a hazardous waste incineration unit becomes subject to hazardous waste permit requirements after October 12, 2005, or when an owner or operator of an existing hazardous waste incineration unit demonstrates compliance with the air emission standards and limitations in Subsection R307-214-2(39), i.e., by conducting a comprehensive performance test and submitting a Notification of Compliance under 40 CFR 63.1207(j) and 63.1210(d), which are incorporated by reference in Subsection R307-214-2(39), documenting compliance with all applicable requirements of Subsection R307-214-2(39), the requirements of Section R315-270-62 do not apply, except those provisions the Director determines are necessary to ensure compliance with Subsections R315-264-345(a) and (c) if the owner or operator elects to comply with Section R315-270-235(a)(1)(i) to minimize emissions of toxic compounds from startup, shutdown, and malfunction events. Nevertheless, the Director may apply the provisions of Section R315-270-62, on a case-by-case basis, for purposes of information collection in accordance with Subsections R315-270-10(k), 10(l), 32(b)(2), and 32(b)(3).
(a) For the purposes of determining operational readiness following completion of physical construction, the Director shall establish permit conditions, including but not limited to allowable waste feeds and operating conditions, in the permit to a new hazardous waste incinerator. These permit conditions shall be effective for the minimum time required to bring the incinerator to a point of operational readiness to conduct a trial burn, not to exceed 720 hours operating time for treatment of hazardous waste. The Director may extend the duration of this operational period once, for up to 720 additional hours, at the request of the applicant when good cause is shown. The permit may be modified to reflect the extension according to Section R315-270-42.
(1) Applicants shall submit a statement, with part B of the permit application, which suggests the conditions necessary to operate in compliance with the performance standards of Section R315-264-343 during this period. This statement should include, at a minimum, restrictions on waste constituents, waste feed rates and the operating parameters identified in Section R315-264-345.
(2) The Director shall review this statement and any other relevant information submitted with part B of the permit application and specify requirements for this period sufficient to meet the performance standards of Section R315-264-343.
(b) For the purposes of determining feasibility of compliance with the performance standards of Section R315-264-343 and of determining adequate operating conditions under Section R315-264-345, the Director shall establish conditions in the permit for a new hazardous waste incinerator to be effective during the trial burn.
(1) Applicants shall propose a trial burn plan, prepared under Subsection R315-270-62(b)(2) with a part B of the permit application.
(2) The trial burn plan shall include the following information:
(i) An analysis of each waste or mixture of wastes to be burned which includes:
(A) Heat value of the waste in the form and composition in which it will be burned.
(B) Viscosity (if applicable), or description of the physical form of the waste.
(C) An identification of any hazardous organic constituents listed in Rule R315-261, appendix VIII, which are present in the waste to be burned, except that the applicant need not analyze for constituents listed in Rule R315-261, appendix VIII, which would reasonably not be expected to be found in the waste. The constituents excluded from analysis shall be identified, and the basis for the exclusion stated. The waste analysis shall rely on appropriate analytical techniques.
(D) An approximate quantification of the hazardous constituents identified in the waste, within the precision produced by appropriate analytical methods.
(ii) A detailed engineering description of the incinerator for which the permit is sought including:
(A) Manufacturer's name and model number of incinerator, if available.
(B) Type of incinerator.
(C) Linear dimensions of the incinerator unit including the cross sectional area of combustion chamber.
(D) Description of the auxiliary fuel system, type/feed.
(E) Capacity of prime mover.
(F) Description of automatic waste feed cut-off system(s).
(G) Stack gas monitoring and pollution control equipment.
(H) Nozzle and burner design.
(I) Construction materials.
(J) Location and description of temperature, pressure, and flow indicating and control devices.
(iii) A detailed description of sampling and monitoring procedures, including sampling and monitoring locations in the system, the equipment to be used, sampling and monitoring frequency, and planned analytical procedures for sample analysis.
(iv) A detailed test schedule for each waste for which the trial burn is planned including date(s), duration, quantity of waste to be burned, and other factors relevant to the Director's decision under Subsection R315-270-62(b)(5).
(v) A detailed test protocol, including, for each waste identified, the ranges of temperature, waste feed rate, combustion gas velocity, use of auxiliary fuel, and any other relevant parameters that will be varied to affect the destruction and removal efficiency of the incinerator.
(vi) A description of, and planned operating conditions for, any emission control equipment which will be used.
(vii) Procedures for rapidly stopping waste feed, shutting down the incinerator, and controlling emissions in the event of an equipment malfunction.
(viii) Such other information as the Director reasonably finds necessary to determine whether to approve the trial burn plan in light of the purposes of Subsection R315-270-62(b)(2) and the criteria in Subsection R315-270-62(b)(5).
(3) The Director, in reviewing the trial burn plan, shall evaluate the sufficiency of the information provided and may require the applicant to supplement this information, if necessary, to achieve the purposes of Subsection R315-270-62(b)(2).
(4) Based on the waste analysis data in the trial burn plan, the Director shall specify as trial Principal Organic Hazardous Constituents (POHCs), those constituents for which destruction and removal efficiencies shall be calculated during the trial burn. These trial POHCs shall be specified by the Director based on The Director's estimate of the difficulty of incineration of the constituents identified in the waste analysis, their concentration or mass in the waste feed, and, for wastes listed in Sections R315-261-30 through 35, the hazardous waste organic constituent or constituents identified in appendix VII of Rule R315-261 as the basis for listing.
(5) The Director shall approve a trial burn plan if he finds that:
(i) The trial burn is likely to determine whether the incinerator performance standard required by Section R315-264-343 can be met;
(ii) The trial burn itself shall not present an imminent hazard to human health or the environment;
(iii) The trial burn will help the Director to determine operating requirements to be specified under Section R315-264-345; and
(iv) The information sought in Subsection R315-270-62(b)(5)(i) and (ii) cannot reasonably be developed through other means.
(6) The Director shall send a notice to all persons on the facility mailing list as set forth in
Subsection R315-124-10(c)(1)(ix) and to the appropriate units of State and local government as set forth in Subsection R315-124-10(c)(1)(x) announcing the scheduled commencement and completion dates for the trial burn. The applicant may not commence the trial burn until after the Director has issued such notice.
(i) This notice shall be mailed within a reasonable time period before the scheduled trial burn. An additional notice is not required if the trial burn is delayed due to circumstances beyond the control of the facility or the permitting agency.
(ii) This notice shall contain:
(A) The name and telephone number of the applicant's contact person;
(B) The name and telephone number of the permitting agency's contact office;
(C) The location where the approved trial burn plan and any supporting documents can be reviewed and copied; and
(D) An expected time period for commencement and completion of the trial burn.
(7) During each approved trial burn, or as soon after the burn as is practicable, the applicant shall make the following determinations:
(i) A quantitative analysis of the trial POHCs in the waste feed to the incinerator.
(ii) A quantitative analysis of the exhaust gas for the concentration and mass emissions of the trial POHCs, oxygen (O2) and hydrogen chloride (HCl).
(iii) A quantitative analysis of the scrubber water, if any; ash residues; and other residues, for the purpose of estimating the fate of the trial POHCs.
(iv) A computation of destruction and removal efficiency (DRE), in accordance with the DRE formula specified in Subsection R315-264-343(a).
(v) If the HCl emission rate exceeds 1.8 kilograms of HCl per hour, 4 pounds per hour, a computation of HCl removal efficiency in accordance with Subsection R315-264-343(b).
(vi) A computation of particulate emissions, in accordance with Subsection R315-264-343(c).
(vii) An identification of sources of fugitive emissions and their means of control.
(viii) A measurement of average, maximum, and minimum temperatures and combustion gas velocity.
(ix) A continuous measurement of carbon monoxide (CO) in the exhaust gas.
(x) Such other information as the Director may specify as necessary to ensure that the trial burn will determine compliance with the performance standards in Section R315-264-343 and to establish the operating conditions required by Section R315-264-345 as necessary to meet that performance standard.
(8) The applicant shall submit to the Director a certification that the trial burn has been carried out in accordance with the approved trial burn plan, and shall submit the results of all the determinations required in Subsection R315-270-62(b)(6). This submission shall be made within 90 days of completion of the trial burn, or later if approved by the Director.
(9) All data collected during any trial burn shall be submitted to the Director following the completion of the trial burn.
(10) All submissions required by Subsection R315-270-62(b) shall be certified on behalf of the applicant by the signature of a person authorized to sign a permit application or a report under Section R315-270-11.
(11) Based on the results of the trial burn, the Director shall set the operating requirements in the final permit according to Section R315-264-345. The permit modification shall proceed according to Section R315-270-42.
(c) For the purposes of allowing operation of a new hazardous waste incinerator following completion of the trial burn and prior to final modification of the permit conditions to reflect the trial burn results, the Director may establish permit conditions, including but not limited to allowable waste feeds and operating conditions sufficient to meet the requirements of Section R315-264-345, in the permit to a new hazardous waste incinerator. These permit conditions shall be effective for the minimum time required to complete sample analysis, data computation and submission of the trial burn results by the applicant, and modification of the facility permit by the Director.
(1) Applicants shall submit a statement, with part B of the permit application, which identifies the conditions necessary to operate in compliance with the performance standards of Section R315-264-343 during this period. This statement should include, at a minimum, restrictions on waste constituents, waste feed rates, and the operating parameters in Section R315-264-345.
(2) The Director shall review this statement and any other relevant information submitted with part B of the permit application and specify those requirements for this period most likely to meet the performance standards of Section R315-264-34 based on his engineering judgment.
(d) For the purpose of determining feasibility of compliance with the performance standards of Section R315-264-343 and of determining adequate operating conditions under Section R315-264-345, the applicant for a permit for an existing hazardous waste incinerator shall prepare and submit a trial burn plan and perform a trial burn in accordance with Subsection R315-270-19(b) and Subsections R315-270-62(b)(2) through (b)(5) and (b)(7) through (b)(10) or, instead, submit other information as specified in Subsection R315-270-19(c). The Director shall announce the Director's intention to approve the trial burn plan in accordance with the timing and distribution requirements of Subsection R315-270-62(b)(6). The contents of the notice shall include: the name and telephone number of a contact person at the facility; the name and telephone number of a contact office at the permitting agency; the location where the trial burn plan and any supporting documents can be reviewed and copied; and a schedule of the activities that are required prior to permit issuance, including the anticipated time schedule for approval of the plan and the time period during which the trial burn would be conducted. Applicants submitting information under Subsection R315-270-19(a) are exempt from compliance with Sections R315-264-343 and 345 and, therefore, are exempt from the requirement to conduct a trial burn. Applicants who submit trial burn plans and receive approval before submission of a permit application shall complete the trial burn and submit the results, specified in Subsection R315-270-62(b)(7), with part B of the permit application. If completion of this process conflicts with the date set for submission of the part B application, the applicant shall contact the Director to establish a later date for submission of the part B application or the trial burn results. Trial burn results shall be submitted prior to issuance of the permit. When the applicant submits a trial burn plan with part B of the permit application, the Director shall specify a time period prior to permit issuance in which the trial burn shall be conducted and the results submitted.
R315-270-63. Hazardous Waste Permit Program -- Permits for Land Treatment Demonstrations Using Field Test or Laboratory Analyses.
(a) For the purpose of allowing an owner or operator to meet the treatment demonstration requirements of Section R315-264-272, the Director may issue a treatment demonstration permit. The permit shall contain only those requirements necessary to meet the standards in Subsection R315-264-272(c). The permit may be issued either as a treatment or disposal permit covering only the field test or laboratory analyses, or as a two-phase facility permit covering the field tests, or laboratory analyses, and design, construction operation and maintenance of the land treatment unit.
(1) The Director may issue a two-phase facility permit if the Director finds that, based on information submitted in part B of the application, substantial, although incomplete or inconclusive, information already exists upon which to base the issuance of a facility permit.
(2) If the Director finds that not enough information exists upon which the Director can establish permit conditions to attempt to provide for compliance with all of the requirements of Sections R315-264-270 through 283, he shall issue a treatment demonstration permit covering only the field test or laboratory analyses.
(b) If the Director finds that a phased permit may be issued, the Director shall establish, as requirements in the first phase of the facility permit, conditions for conducting the field tests or laboratory analyses. These permit conditions shall include design and operating parameters, including the duration of the tests or analyses and, in the case of field tests, the horizontal and vertical dimensions of the treatment zone; monitoring procedures; post-demonstration clean-up activities; and any other conditions which the Director finds may be necessary under Subsection R315-264-272(c). The Director shall include conditions in the second phase of the facility permit to attempt to meet all Sections R315-264-270 through 283 requirements pertaining to unit design, construction, operation, and maintenance. The Director shall establish these conditions in the second phase of the permit based upon the substantial but incomplete or inconclusive information contained in the part B application.
(1) The first phase of the permit shall be effective as provided in Subsection R315-124-15(b).
(2) The second phase of the permit shall be effective as provided in Subsection R315-270-63(d).
(c) When the owner or operator who has been issued a two-phase permit has completed the treatment demonstration, the owner or operator shall submit to the Director a certification, signed by a person authorized to sign a permit application or report under Section R315-270-11, that the field tests or laboratory analyses have been carried out in accordance with the conditions specified in phase one of the permit for conducting such tests or analyses. The owner or operator shall also submit all data collected during the field tests or laboratory analyses within 90 days of completion of those tests or analyses unless the Director approves a later date.
(d) If the Director determines that the results of the field tests or laboratory analyses meet the requirements of Section R315-264-272, the Director shall modify the second phase of the permit to incorporate any requirements necessary for operation of the facility in compliance with Sections R315-264-270 through 283, based upon the results of the field tests or laboratory analyses.
(1) This permit modification may proceed under Section R315-270-42, or otherwise shall proceed as a modification under Subsection R315-270-41(a)(2). If such modifications are necessary, the second phase of the permit shall become effective only after those modifications have been made.
(2) If no modifications of the second phase of the permit are necessary, the Director shall give notice of the final decision to the permit applicant and to each person who submitted written comments on the phased permit or who requested notice of the final decision on the second phase of the permit. The second phase of the permit then will become effective as specified in Subsection R315-124-15(b).
R315-270-65. Hazardous Waste Permit Program -- Research, Development, and Demonstration Permits.
(a) The Director may issue a research, development, and demonstration permit for any hazardous waste treatment facility which proposes to utilize an innovative and experimental hazardous waste treatment technology or process for which permit standards for such experimental activity have not been promulgated under Rules R315-264 or 266. Any such permit shall include such terms and conditions as will assure protection of human health and the environment. Such permits:
(1) Shall provide for the construction of such facilities as necessary, and for operation of the facility for not longer than one year unless renewed as provided in Subsection R315-270-64(d), and
(2) Shall provide for the receipt and treatment by the facility of only those types and quantities of hazardous waste which the Director deems necessary for purposes of determining the efficacy and performance capabilities of the technology or process and the effects of such technology or process on human health and the environment, and
(3) Shall include such requirements as the Director deems necessary to protect human health and the environment, including, but not limited to, requirements regarding monitoring, operation, financial responsibility, closure, and remedial action, and such requirements as the Director deems necessary regarding testing and providing of information to the Director with respect to the operation of the facility.
(b) For the purpose of expediting review and issuance of permits under Section R315-270-65, the Director may, consistent with the protection of human health and the environment, modify or waive permit application and permit issuance requirements in Rules R315-124 and 270 except that there may be no modification or waiver of regulations regarding financial responsibility, including insurance, or of procedures regarding public participation.
(c) The Director may order an immediate termination of all operations at the facility at any time the Director determines that termination is necessary to protect human health and the environment.
(d) Any permit issued under Section R315-270-65 may be renewed not more than three times. Each such renewal shall be for a period of not more than 1 year.
R315-270-66. Hazardous Waste Permit Program -- Permits for Boilers and Industrial Furnaces Burning Hazardous Waste.
When an owner or operator of a cement kiln, lightweight aggregate kiln, solid fuel boiler, liquid fuel boiler, or hydrochloric acid production furnace becomes subject to the hazardous waste permit requirements after October 12, 2005 or when an owner or operator of an existing cement kiln, lightweight aggregate kiln, solid fuel boiler, liquid fuel boiler, or hydrochloric acid production furnace demonstrates compliance with the air emission standards and limitations in Subsection R307-214-2(39), i.e., by conducting a comprehensive performance test and submitting a Notification of Compliance under 40 CFR 63.1207(j) and 63.1210(d) which are incorporated by reference in R307-214-2(39) documenting compliance with all applicable requirements of Subsection R307-214-2(39), the requirements of Section R315-270-66 do not apply. The requirements of Section R315-270-66 do apply, however, if the Director determines certain provisions are necessary to ensure compliance with Subsections R315-266-102(e)(1) and 102(e)(2)(iii) if owners and operators elect to comply with Subsection R315-270-235(a)(1)(i) to minimize emissions of toxic compounds from startup, shutdown, and malfunction events; or if you are an area source and elect to comply with the Sections R315-266-105, 106, and 107 standards and associated requirements for particulate matter, hydrogen chloride and chlorine gas, and non-mercury metals; or the Director determines certain provisions apply, on a case-by-case basis, for purposes of information collection in accordance with Subsections R315-270-10(k), 10(l), 32(b)(2), and 32(b)(3).
(a) General. Owners and operators of new boilers and industrial furnaces, those not operating under the interim status standards of Section R315-266-103, are subject to Subsections R315-270-66(b) through (f). Boilers and industrial furnaces operating under the interim status standards of Section R315-266-103 are subject to Subsection R315-270-66(g).
(b) Permit operating periods for new boilers and industrial furnaces. A permit for a new boiler or industrial furnace shall specify appropriate conditions for the following operating periods:
(1) Pretrial burn period. For the period beginning with initial introduction of hazardous waste and ending with initiation of the trial burn, and only for the minimum time required to bring the boiler or industrial furnace to a point of operational readiness to conduct a trial burn, not to exceed 720 hours operating time when burning hazardous waste, the Director shall establish in the Pretrial Burn Period of the permit conditions, including but not limited to, allowable hazardous waste feed rates and operating conditions. The Director may extend the duration of this operational period once, for up to 720 additional hours, at the request of the applicant when good cause is shown. The permit may be modified to reflect the extension according to Section R315-270-42.
(i) Applicants shall submit a statement, with part B of the permit application that suggests the conditions necessary to operate in compliance with the standards of Sections R315-266-104 through 107 during this period. This statement should include, at a minimum, restrictions on the applicable operating requirements identified in Subsection R315-266-102(e).
(ii) The Director shall review this statement and any other relevant information submitted with part B of the permit application and specify requirements for this period sufficient to meet the performance standards of Sections R315-266-104 through 107.
(2) Trial burn period. For the duration of the trial burn, the Director shall establish conditions in the permit for the purposes of determining feasibility of compliance with the performance standards of Sections R315-266-104 through 107 and determining adequate operating conditions under Subsection R315-266-102(e). Applicants shall propose a trial burn plan, prepared under Subsection R315-270-66(c), to be submitted with part B of the permit application.
(3) Post-trial burn period.
(i) For the period immediately following completion of the trial burn, and only for the minimum period sufficient to allow sample analysis, data computation, and submission of the trial burn results by the applicant, and review of the trial burn results and modification of the facility permit by the Director to reflect the trial burn results, the Director shall establish the operating requirements most likely to ensure compliance with the performance standards of Sections R315-266-104 through 107.
(ii) Applicants shall submit a statement, with part B of the application that identifies the conditions necessary to operate during this period in compliance with the performance standards of Sections R315-266-104 through 107. This statement should include, at a minimum, restrictions on the operating requirements provided by Subsection R315-266-102(e).
(iii) The Director shall review this statement and any other relevant information submitted with part B of the permit application and specify requirements for this period sufficient to meet the performance standards of Sections R315-266-104 through 107.
(4) Final permit period. For the final period of operation, the Director shall develop operating requirements in conformance with Subsection R315-266-102(e) that reflect conditions in the trial burn plan and are likely to ensure compliance with the performance standards of Sections R315-266-104 through 107. Based on the trial burn results, the Director shall make any necessary modifications to the operating requirements to ensure compliance with the performance standards. The permit modification shall proceed according to Section R315-270-42.
(c) Requirements for trial burn plans. The trial burn plan shall include the following information. The Director, in reviewing the trial burn plan, shall evaluate the sufficiency of the information provided and may require the applicant to supplement this information, if necessary, to achieve the purposes of Subsections R315-270-66(c)(1) through (9):
(1) An analysis of each feed stream, including hazardous waste, other fuels, and industrial furnace feed stocks, as fired, that includes:
(i) Heating value, levels of antimony, arsenic, barium, beryllium, cadmium, chromium, lead, mercury, silver, thallium, total chlorine/chloride, and ash;
(ii) Viscosity or description of the physical form of the feed stream;
(2) An analysis of each hazardous waste, as fired, including:
(i) An identification of any hazardous organic constituents listed in appendix VIII, of Rule R315-261, that are present in the feed stream, except that the applicant need not analyze for constituents listed in appendix VIII that would reasonably not be expected to be found in the hazardous waste. The constituents excluded from analysis shall be identified and the basis for this exclusion explained. The waste analysis shall be conducted in accordance with appropriate analytical techniques.
(ii) An approximate quantification of the hazardous constituents identified in the hazardous waste, within the precision produced by appropriate analytical methods.
(iii) A description of blending procedures, if applicable, prior to firing the hazardous waste, including a detailed analysis of the hazardous waste prior to blending, an analysis of the material with which the hazardous waste is blended, and blending ratios.
(3) A detailed engineering description of the boiler or industrial furnace, including:
(i) Manufacturer's name and model number of the boiler or industrial furnace;
(ii) Type of boiler or industrial furnace;
(iii) Maximum design capacity in appropriate units;
(iv) Description of the feed system for the hazardous waste, and, as appropriate, other fuels and industrial furnace feedstocks;
(v) Capacity of hazardous waste feed system;
(vi) Description of automatic hazardous waste feed cutoff system(s);
(vii) Description of any air pollution control system; and
(viii) Description of stack gas monitoring and any pollution control monitoring systems.
(4) A detailed description of sampling and monitoring procedures including sampling and monitoring locations in the system, the equipment to be used, sampling and monitoring frequency, and planned analytical procedures for sample analysis.
(5) A detailed test schedule for each hazardous waste for which the trial burn is planned, including date(s), duration, quantity of hazardous waste to be burned, and other factors relevant to the Director's decision under Subsection R315-270-66(b)(2).
(6) A detailed test protocol, including, for each hazardous waste identified, the ranges of hazardous waste feed rate, and, as appropriate, the feed rates of other fuels and industrial furnace feedstocks, and any other relevant parameters that may affect the ability of the boiler or industrial furnace to meet the performance standards in Sections R315-266-104 through 107.
(7) A description of, and planned operating conditions for, any emission control equipment that will be used.
(8) Procedures for rapidly stopping the hazardous waste feed and controlling emissions in the event of an equipment malfunction.
(9) Such other information as the Director reasonably finds necessary to determine whether to approve the trial burn plan in light of the purposes of Section R315-270-66(c) and the criteria in Subsection R315-270-66(b)(2).
(d) Trial burn procedures.
(1) A trial burn shall be conducted to demonstrate conformance with the standards of Sections R315-266-104 through 107 under an approved trial burn plan.
(2) The Director shall approve a trial burn plan if the Director finds that:
(i) The trial burn is likely to determine whether the boiler or industrial furnace can meet the performance standards of Sections R315-266-104 through 107;
(ii) The trial burn itself shall not present an imminent hazard to human health and the environment;
(iii) The trial burn will help the Director to determine operating requirements to be specified under Subsection R315-266-102(e); and
(iv) The information sought in the trial burn cannot reasonably be developed through other means.
(3) The Director shall send a notice to all persons on the facility mailing list as set forth in Subsection R315-124-10(c)(1)(ix) and to the appropriate units of State and local government as set forth in Subsection R315-124-10(c)(1)(x) announcing the scheduled commencement and completion dates for the trial burn. The applicant may not commence the trial burn until after the Director has issued such notice.
(i) This notice shall be mailed within a reasonable time period before the trial burn. An additional notice is not required if the trial burn is delayed due to circumstances beyond the control of the facility or the Director.
(ii) This notice shall contain:
(A) The name and telephone number of applicant's contact person;
(B) The name and telephone number of the Division;
(C) The location where the approved trial burn plan and any supporting documents can be reviewed and copied; and
(D) An expected time period for commencement and completion of the trial burn.
(4) The applicant shall submit to the Director a certification that the trial burn has been carried out in accordance with the approved trial burn plan, and shall submit the results of all the determinations required in Subsection R315-270-66(c). This submission shall be made within 90 days of completion of the trial burn, or later if approved by the Director.
(5) All data collected during any trial burn shall be submitted to the Director following completion of the trial burn.
(6) All submissions required by Subsection R315-270-66(d) shall be certified on behalf of the applicant by the signature of a person authorized to sign a permit application or a report under Section R315-270-11.
(e) Special procedures for DRE trial burns. When a DRE trial burn is required under Subsection R315-266-104(a), the Director shall specify, based on the hazardous waste analysis data and other information in the trial burn plan, as trial Principal Organic Hazardous Constituents (POHCs) those compounds for which destruction and removal efficiencies shall be calculated during the trial burn. These trial POHCs shall be specified by the Director based on information including the Director's estimate of the difficulty of destroying the constituents identified in the hazardous waste analysis, their concentrations or mass in the hazardous waste feed, and, for hazardous waste containing or derived from wastes listed in Sections R315-261-30 through 35, the hazardous waste organic constituent(s) identified in Appendix VII of Rule R315-261 as the basis for listing.
(f) Determinations based on trial burn. During each approved trial burn, or as soon after the burn as is practicable, the applicant shall make the following determinations:
(1) A quantitative analysis of the levels of antimony, arsenic, barium, beryllium, cadmium, chromium, lead, mercury, thallium, silver, and chlorine/chloride, in the feed streams; hazardous waste, other fuels, and industrial furnace feedstocks;
(2) When a DRE trial burn is required under Subsection R315-266-104(a):
(i) A quantitative analysis of the trial POHCs in the hazardous waste feed;
(ii) A quantitative analysis of the stack gas for the concentration and mass emissions of the trial POHCs; and
(iii) A computation of destruction and removal efficiency (DRE), in accordance with the DRE formula specified in Subsection R315-266-104(a);
(3) When a trial burn for chlorinated dioxins and furans is required under Subsection R315-266-104(e), a quantitative analysis of the stack gas for the concentration and mass emission rate of the 2,3,7,8-chlorinated tetra-octa congeners of chlorinated dibenzo-p-dioxins and furans, and a computation showing conformance with the emission standard;
(4) When a trial burn for particulate matter, metals, or HCl/Cl2 is required under Section R315-266-105, or Subsections R315-266-106(c) or (d), or SubsectionsR315-266-107(b)(2) or (c), a quantitative analysis of the stack gas for the concentrations and mass emissions of particulate matter, metals, or hydrogen chloride (HCl) and chlorine (Cl2), and computations showing conformance with the applicable emission performance standards;
(5) When a trial burn for DRE, metals, or HCl/Cl2 is required under Subsections R315-266-104(a), 106(c) or (d), or 107(b)(2) or (c), a quantitative analysis of the scrubber water, if any); ash residues; other residues; and products for the purpose of estimating the fate of the trial POHCs, metals, and chlorine/chloride;
(6) An identification of sources of fugitive emissions and their means of control;
(7) A continuous measurement of carbon monoxide (CO), oxygen, and where required, hydrocarbons (HC), in the stack gas; and
(8) Such other information as the Director may specify as necessary to ensure that the trial burn shall determine compliance with the performance standards in Sections R315-266-104 through 107 and to establish the operating conditions required by Subsection R315-266-102(e) as necessary to meet those performance standards.
(g) Interim status boilers and industrial furnaces. For the purpose of determining feasibility of compliance with the performance standards of Sections R315-266-104 through 107 and of determining adequate operating conditions under Section R315-266-103, applicants owning or operating existing boilers or industrial furnaces operated under the interim status standards of Section R315-266-103 shall either prepare and submit a trial burn plan and perform a trial burn in accordance with the requirements of Section R315-270-66 or submit other information as specified in Subsection R315-270-22(a)(6). The Director shall announce the Director's intention to approve of the trial burn plan in accordance with the timing and distribution requirements of Subsection R315-270-66(d)(3). The contents of the notice shall include: the name and telephone number of a contact person at the facility; the name and telephone number of a contact office at the Division; the location where the trial burn plan and any supporting documents can be reviewed and copied; and a schedule of the activities that are required prior to permit issuance, including the anticipated time schedule for Director approval of the plan and the time periods during which the trial burn would be conducted. Applicants who submit a trial burn plan and receive approval before submission of the part B permit application shall complete the trial burn and submit the results specified in Subsection R315-270-66(f) with the part B permit application. If completion of this process conflicts with the date set for submission of the part B application, the applicant shall contact the Director to establish a later date for submission of the part B application or the trial burn results. If the applicant submits a trial burn plan with part B of the permit application, the trial burn shall be conducted and the results submitted within a time period prior to permit issuance to be specified by the Director.
R315-270-68. Hazardous Waste Permit Program -- Remedial Action Plans (RAPs).
Remedial Action Plans (RAPs) are special forms of permits that are regulated under Sections R315-270-79 through 230.
R315-270-70. Hazardous Waste Permit Program -- Qualifying for Interim Status.
(a) Any person who owns or operates an "existing hazardous waste management facility" or a facility in existence on the effective date of statutory or regulatory amendments under the State or Federal Act that render the facility subject to the requirement to have a hazardous waste permit shall have interim status and shall be treated as having been issued a permit to the extent the owner or operator has:
(1) Complied with the requirements of section 3010(a) of RCRA pertaining to notification of hazardous waste activity or the notification requirements of Rules R315-260 through 266, 268 and 270.
Comment: Some existing facilities may not be required to file a notification under section 3010(a) of RCRA. These facilities may qualify for interim status by meeting Subsection R315-270-70(a)(2).
(2) Complied with the requirements of Section R315-270-10 governing submission of part A applications;
(b) Failure to qualify for interim status. If the Director has reason to believe upon examination of a part A application that it fails to meet the requirements of Section R315-270-13, the Director shall notify the owner or operator in writing of the apparent deficiency. Such notice shall specify the grounds for the Director's belief that the application is deficient. The owner or operator shall have 30 days from receipt to respond to such a notification and to explain or cure the alleged deficiency in the owner or operator's part A application. If, after such notification and opportunity for response, the Director determines that the application is deficient the Director may take appropriate enforcement action.
(c) Subsection R315-270-70(a) shall not apply to any facility which has been previously denied a hazardous waste permit or if authority to operate the facility under Federal or State authority has been previously terminated.
R315-270-71. Hazardous Waste Permit Program -- Operation During Interim Status.
(a) During the interim status period the facility shall not:
(1) Treat, store, or dispose of hazardous waste not specified in part A of the permit application;
(2) Employ processes not specified in part A of the permit application; or
(3) Exceed the design capacities specified in part A of the permit application.
(b) Interim status standards. During interim status, owners or operators shall comply with the interim status standards at Rule R315-265.
R315-270-72. Hazardous Waste Permit Program -- Changes During Interim Status.
(a) Except as provided in Subsection R315-270-72(b), the owner or operator of an interim status facility may make the following changes at the facility:
(1) Treatment, storage, or disposal of new hazardous wastes not previously identified in part A of the permit application and, in the case of newly listed or identified wastes, addition of the units being used to treat, store, or dispose of the hazardous wastes on the effective date of the listing or identification if the owner or operator submits a revised part A permit application prior to such treatment, storage, or disposal;
(2) Increases in the design capacity of processes used at the facility if the owner or operator submits a revised part A permit application prior to such a change, along with a justification explaining the need for the change, and the Director approves the changes because:
(i) There is a lack of available treatment, storage, or disposal capacity at other hazardous waste management facilities, or
(ii) The change is necessary to comply with a Federal, State, or local requirement.
(3) Changes in the processes for the treatment, storage, or disposal of hazardous waste or addition of processes if the owner or operator submits a revised part A permit application prior to such change, along with a justification explaining the need for the change, and the Director approves the change because:
(i) The change is necessary to prevent a threat to human health and the environment because of an emergency situation, or
(ii) The change is necessary to comply with a Federal, State, or local requirement.
(4) Changes in the ownership or operational control of a facility if the new owner or operator submits a revised part A permit application no later than 90 days prior to the scheduled change. When a transfer of operational control of a facility occurs, the old owner or operator shall comply with the requirements of Sections R315-265-140 through 150, until the new owner or operator has demonstrated to the Director that the owner or operator is complying with the requirements of Sections R315-265-140 through 150. The new owner or operator shall demonstrate compliance with Sections R315-265-140 through 150 within six months of the date of the change in ownership or operational control of the facility. Upon demonstration to the Director by the new owner or operator of compliance with Sections R315-265-140 through 150, the Director shall notify the old owner or operator in writing that he no longer needs to comply with Sections R315-265-140 through 150 as of the date of demonstration. All other interim status duties are transferred effective immediately upon the date of the change in ownership or operational control of the facility.
(5) Changes made in accordance with an interim status corrective action order issued under Subsection 19-6-105(d) or by EPA under section 3008(h) or other Federal authority, or by a court in a judicial action brought by EPA or by an authorized State. Changes under Subsection R315-270-72(a)(5) are limited to the treatment, storage, or disposal of solid waste from releases that originate within the boundary of the facility.
(6) Addition of newly regulated units for the treatment, storage, or disposal of hazardous waste if the owner or operator submits a revised part A permit application on or before the date on which the unit becomes subject to the new requirements.
(b) Except as specifically allowed under Subsection R315-270-72(b), changes listed under Subsection R315-270-72(a) may not be made if they amount to reconstruction of the hazardous waste management facility. Reconstruction occurs when the capital investment in the changes to the facility exceeds 50 percent of the capital cost of a comparable entirely new hazardous waste management facility. If all other requirements are met, the following changes may be made even if they amount to a reconstruction:
(1) Changes made solely for the purposes of complying with the requirements of Section R315-265-193 for tanks and ancillary equipment.
(2) If necessary to comply with Federal, State, or local requirements, changes to an existing unit, changes solely involving tanks or containers, or addition of replacement surface impoundments that satisfy the standards of section 3004(o).
(3) Changes that are necessary to allow owners or operators to continue handling newly listed or identified hazardous wastes that have been treated, stored, or disposed of at the facility prior to the effective date of the rule establishing the new listing or identification.
(4) Changes during closure of a facility or of a unit within a facility made in accordance with an approved closure plan.
(5) Changes necessary to comply with an interim status corrective action order issued under Subsection 19-6-105(d), or by EPA under section 3008(h) or other Federal authority, or by a court in a judicial proceeding brought by EPA or an authorized State, provided that such changes are limited to the treatment, storage, or disposal of solid waste from releases that originate within the boundary of the facility.
(6) Changes to treat or store, in tanks, containers, or containment buildings, hazardous wastes subject to land disposal restrictions imposed by Rule R315-268 or RCRA section 3004, provided that such changes are made solely for the purpose of complying with Rule R315-268 or RCRA section 3004.
(7) Addition of newly regulated units under Subsection R315-27-72(a)(6).
(8) Changes necessary to comply with standards under 40 CFR part 63, Subpart EEE-National Emission Standards for Hazardous Air Pollutants From Hazardous Waste Combustors, which is incorporated by reference in Subsection R307-214-2(39).
R315-270-73. Hazardous Waste Permit Program -- Termination of Interim Status.
Interim status terminates when:
(a) Final administrative disposition of a permit application, except an application for a remedial action plan (RAP) under Sections R315-270-79 through 230 is made.
(b) Interim status is terminated as provided in Subsection R315-270-10(e)(5).
(c) For owners or operators of each land disposal facility which has been granted interim status prior to November 8, 1984, on November 8, 1985, unless:
(1) The owner or operator submits a part B application for a permit for such facility prior to that date; and
(2) The owner or operator certifies that such facility is in compliance with all applicable ground-water monitoring and financial responsibility requirements.
(d) For owners or operators of each land disposal facility which is in existence on the effective date of statutory or regulatory amendments under the Federal Act, or Section 19-6-108, that render the facility subject to the requirement to have a hazardous waste permit and which is granted interim status, twelve months after the date on which the facility first becomes subject to such permit requirement unless the owner or operator of such facility:
(1) Submits a part B application for a hazardous waste permit for such facility before the date 12 months after the date on which the facility first becomes subject to such permit requirement; and
(2) Certifies that such facility is in compliance with all applicable ground water monitoring and financial responsibility requirements.
(e) For owners or operators of any land disposal unit that is granted authority to operate under Subsections R315-270-72(a) (1), (2) or (3), on the date 12 months after the effective date of such requirement, unless the owner or operator certifies that such unit is in compliance with all applicable ground-water monitoring and financial responsibility requirements.
(f) For owners and operators of each incinerator facility which has achieved interim status prior to November 8, 1984, interim status terminates on November 8, 1989, unless the owner or operator of the facility submits a part B application for a hazardous waste permit for an incinerator facility by November 8, 1986.
(g) For owners or operators of any facility, other than a land disposal or an incinerator facility, which has achieved interim status prior to November 8, 1984, interim status terminates on November 8, 1992, unless the owner or operator of the facility submits a part B application for a hazardous waste permit for the facility by November 8, 1988.
R315-270-79. Hazardous Waste Permit Program -- Why Sections R315-79 through 230 Written In A Special Format?
Sections R315-270-79 through 230 are written in a special format to make it easier to understand the regulatory requirements. Like other rules adopted the Board, this establishes enforceable legal requirements. For Sections R315-270-79 through 230, "I" and "you" refer to the owner/operator.
R315-270-80. Hazardous Waste Permit Program -- What is a RAP?
(a) A RAP is a special form of hazardous waste permit that you, as an owner or operator, may obtain, instead of a permit issued under Sections R315-270-3 through 66, to authorize you to treat, store, or dispose of hazardous remediation waste, as defined in Section R315-260-10, at a remediation waste management site. A RAP may only be issued for the area of contamination where the remediation wastes to be managed under the RAP originated, or areas in close proximity to the contaminated area, except as allowed in limited circumstances under Section R315-270-230.
(b) The requirements in Sections R315-270-3 through 66 do not apply to RAPs unless those requirements for traditional permits are specifically required under Sections R315-270-80 through 230. The definitions in Section R315-270-2 apply to RAPs.
(c) Notwithstanding any other provision of Rule R315-270 or Rule R315-124, any document that meets the requirements in Section R315-270-80 constitutes a hazardous waste permit Section 19-6-108.
(d) A RAP may be:
(1) A stand-alone document that includes only the information and conditions required by Sections R315-270-79 through 230; or
(2) Part, or parts, of another document that includes information and/or conditions for other activities at the remediation waste management site, in addition to the information and conditions required by Sections R315-270-79 through 230.
(e) If you are treating, storing, or disposing of hazardous remediation wastes as part of a cleanup compelled by Federal or State cleanup authorities, your RAP does not affect your obligations under those authorities in any way.
(f) If you receive a RAP at a facility operating under interim status, the RAP does not terminate your interim status.
R315-270-85. Hazardous Waste Permit Program -- When Do I Need a Rap?
(a) Whenever you treat, store, or dispose of hazardous remediation wastes in a manner that requires a permit under Section R315-270-1, you shall either obtain:
(1) A permit according to Sections R315-270-3 through 66; or
(2) A RAP according to Sections R315-270-79 through 230.
(b) Treatment units that use combustion of hazardous remediation wastes at a remediation waste management site are not eligible for RAPs under Sections R315-270-79 through 230.
(c) You may obtain a RAP for managing hazardous remediation waste at an already permitted hazardous waste facility. You shall have these RAPs approved as a modification to your existing permit according to the requirements of Section R315-270-41 or 42 instead of the requirements in Sections R315-270-79 through 230. When you submit an application for such a modification, however, the information requirements in Subsections R315-270-42(a)(1)(i), (b)(1)(iv), and (c)(1)(iv) do not apply; instead, you shall submit the information required under Section R315-270-110. When your permit is modified the RAP becomes part of the hazardous waste permit. Therefore when your permit, including the RAP portion, is modified, revoked and reissued, terminated or when it expires, it will be modified according to the applicable requirements in Sections R315-270-40 through 42, revoked and reissued according to the applicable requirements in Sections R315-270-41 and 43, terminated according to the applicable requirements in Section R315-270-43, and expire according to the applicable requirements in Sections R315-270-50 and 51.
R315-270-90. Hazardous Waste Permit Program -- Does My Rap Grant Me Any Rights or Relieve Me of Any Obligations?
The provisions of Section R315-270-4 apply to RAPs. Note: The provisions of Subsection R315-270-4(a) provide you assurance that, as long as you comply with your RAP, the Director shall consider you in compliance with the rules adopted under Sections 19-6-101 through 125, and will not take enforcement actions against you. However, you should be aware of four exceptions to this provision that are listed in Section R315-270-4.
R315-270-95. Hazardous Waste Permit Program -- How Do I Apply for a Rap?
To apply for a RAP, you shall complete an application, sign it, and submit it to the Director according to the requirements in Sections R315-270-79 through 230.
R315-270-100. Hazardous Waste Permit Program -- Who Shall Obtain a Rap?
When a facility or remediation waste management site is owned by one person, but the treatment, storage or disposal activities are operated by another person, it is the operator's duty to obtain a RAP, except that the owner shall also sign the RAP application.
R315-270-105. Hazardous Waste Permit Program -- Who Shall Sign the Application and Any Required Reports for a Rap?
Both the owner and the operator shall sign the RAP application and any required reports according to Subsections R315-270-11(a), (b), and (c). In the application, both the owner and the operator shall also make the certification required under Subsection R315-270-11(d)(1). However, the owner may choose the alternative certification under Subsection R315-270-11(d)(2) if the operator certifies under Subsection R315-270-11(d)(1).
R315-270-110. Hazardous Waste Permit Program -- What Shall I Include in My Application for a Rap?
You shall include the following information in your application for a RAP:
(a) The name, address, and EPA identification number of the remediation waste management site;
(b) The name, address, and telephone number of the owner and operator;
(c) The latitude and longitude of the site;
(d) The United States Geological Survey (USGS) or county map showing the location of the remediation waste management site;
(e) A scaled drawing of the remediation waste management site showing:
(1) The remediation waste management site boundaries;
(2) Any significant physical structures; and
(3) The boundary of all areas on-site where remediation waste is to be treated, stored or disposed;
(f) A specification of the hazardous remediation waste to be treated, stored or disposed of at the facility or remediation waste management site. This shall include information on:
(1) Constituent concentrations and other properties of the hazardous remediation wastes that may affect how such materials should be treated and/or otherwise managed;
(2) An estimate of the quantity of these wastes; and
(3) A description of the processes you will use to treat, store, or dispose of this waste including technologies, handling systems, design and operating parameters you will use to treat hazardous remediation wastes before disposing of them according to the LDR standards of Rule R315-268, as applicable;
(g) Enough information to demonstrate that operations that follow the provisions in your RAP application will ensure compliance with applicable requirements of Rules R315-264, 266, and 268;
(h) Such information as may be necessary to enable the Director to carry out his duties as is required for permits under Subsection R315-270-14(b)(20);
(i) Any other information the Director decides is necessary for demonstrating compliance with Sections R315-270-79 through 230 or for determining any additional RAP conditions that are necessary to protect human health and the environment.
R315-270-115. Hazardous Waste Permit Program -- What If I Want to Keep This Information Confidential?
Sections 63G-2-101 through 901 allows you to claim as confidential any or all of the information you submit to the Director under Sections R315-270-79 through 230. You shall assert any such claim by following the requirements of Section 63G-2-309. If you do assert a claim at the time you submit the information, the Director shall treat the information according to the procedures in Sections 63G-2-101 through 901. If you do not assert a claim at the time you submit the information, the Director may make the information available to the public without further notice to you. The Director shall deny any requests for confidentiality of your name and/or address.
R315-270-120. Hazardous Waste Permit Program -- To Whom Shall I Submit My Rap Application?
You shall submit your application for a RAP to the Director for approval.
R315-270-125. Hazardous Waste Permit Program -- If I Submit My Rap Application as Part of Another Document, What Shall I Do?
If you submit your application for a RAP as a part of another document, you shall clearly identify the components of that document that constitute your RAP application.
R315-270-130. Hazardous Waste Permit Program -- What Is the Process for Approving or Denying My Application for a Rap?
(a) If the Director tentatively finds that your RAP application includes all of the information required by Section R315-270-110 and that your proposed remediation waste management activities meet the regulatory standards, the Director shall make a tentative decision to approve your RAP application. The Director shall then prepare a draft RAP and provide an opportunity for public comment before making a final decision on your RAP application, according to Sections R315-270-79 through 230.
(b) If the Director tentatively finds that your RAP application does not include all of the information required by Section R315-270-110 or that your proposed remediation waste management activities do not meet the regulatory standards, the Director may request additional information from you or ask you to correct deficiencies in your application. If you fail or refuse to provide any additional information the Director requests, or to correct any deficiencies in your RAP application, the Director may make a tentative decision to deny your RAP application. After making this tentative decision, the Director shall prepare a notice of intent to deny your RAP application and provide an opportunity for public comment before making a final decision on your RAP application, according to the requirements in Sections R315-270-79 through 230. The Director may deny the RAP application either in its entirety or in part.
R315-270-135. Hazardous Waste Permit Program -- What Shall the Director Include in a Draft Rap?
If the Director prepares a draft RAP, it shall include the:
(a) Information required under Subsections R315-270-110(a) through (f);
(b) The following terms and conditions:
(1) Terms and conditions necessary to ensure that the operating requirements specified in your RAP comply with applicable requirements of Rules R315-264, 266, and 268, including any recordkeeping and reporting requirements. In satisfying this provision, the Director may incorporate, expressly or by reference, applicable requirements of Rules R315-264, 266, and 268 into the RAP or establish site-specific conditions as required or allowed by Rules R315-264, 266, and 268;
(2) Terms and conditions in Section R315-270-30;
(3) Terms and conditions for modifying, revoking and reissuing, and terminating your RAP, as provided in Section R315-270-170; and
(4) Any additional terms or conditions that the Director determines are necessary to protect human health and the environment, including any terms and conditions necessary to respond to spills and leaks during use of any units permitted under the RAP; and
(c) If the draft RAP is part of another document, as described in Subsection R315-270-80(d)(2), the Director shall clearly identify the components of that document that constitute the draft RAP.
R315-270-140. Hazardous Waste Permit Program -- What Else Shall the Director Prepare in Addition to the Draft Rap or Notice of Intent to Deny?
Once the Director has prepared the draft RAP or notice of intent to deny, he shall then:
(a) Prepare a statement of basis that briefly describes the derivation of the conditions of the draft RAP and the reasons for them, or the rationale for the notice of intent to deny;
(b) Compile an administrative record, including:
(1) The RAP application, and any supporting data furnished by the applicant;
(2) The draft RAP or notice of intent to deny;
(3) The statement of basis and all documents cited therein, material readily available at the Division's office or published material that is generally available need not be physically included with the rest of the record, as long as it is specifically referred to in the statement of basis; and
(4) Any other documents that support the decision to approve or deny the RAP; and
(c) Make information contained in the administrative record available for review by the public upon request.
R315-270-145. Hazardous Waste Permit Program -- What Are the Procedures for Public Comment on the Draft Rap or Notice of Intent to Deny?
(a) The Director shall:
(1) Send notice to you of intent to approve or deny your RAP application, and send you a copy of the statement of basis;
(2) Publish a notice of intent to approve or deny your RAP application in a major local newspaper of general circulation;
(3) Broadcast intent to approve or deny your RAP application over a local radio station; and
(4) Send a notice of intent to approve or deny your RAP application to each unit of local government having jurisdiction over the area in which your site is located, and to each State agency having any authority under State law with respect to any construction or operations at the site.
(b) The notice required by Subsection R315-270-145(a) shall provide an opportunity for the public to submit written comments on the draft RAP or notice of intent to deny within at least 45 days.
(c) The notice required by Subsection R315-270-145(a) shall include:
(1) The name and address of the office processing the RAP application;
(2) The name and address of the RAP applicant, and if different, the remediation waste management site or activity the RAP will regulate;
(3) A brief description of the activity the RAP will regulate;
(4) The name, address and telephone number of a person from whom interested persons may obtain further information, including copies of the draft RAP or notice of intent to deny, statement of basis, and the RAP application;
(5) A brief description of the comment procedures, and any other procedures by which the public may participate in the RAP decision;
(6) If a hearing is scheduled, the date, time, location and purpose of the hearing;
(7) If a hearing is not scheduled, a statement of procedures to request a hearing;
(8) The location of the administrative record, and times when it will be open for public inspection; and
(9) Any additional information the Director considers necessary or proper.
(d) If, within the comment period, the Director receives written notice of opposition to his intention to approve or deny your RAP application and a request for a hearing, the Director shall hold an informal public hearing to discuss issues relating to the approval or denial of your RAP application. The Director may also determine on his own initiative that an informal hearing is appropriate. The hearing shall include an opportunity for any person to present written or oral comments. Whenever possible, the Director shall schedule this hearing at a location convenient to the nearest population center to the remediation waste management site and give notice according to the requirements in Subsection R315-270-145(a). This notice shall, at a minimum, include the information required by Subsection R315-270-145(c) and:
(1) Reference to the date of any previous public notices relating to the RAP application;
(2) The date, time and place of the hearing; and
(3) A brief description of the nature and purpose of the hearing, including the applicable rules and procedures.
R315-270-150. Hazardous Waste Permit Program -- How Will the Director Make a Final Decision on My Rap Application?
(a) The Director shall consider and respond to any significant comments raised during the public comment period, or during any hearing on the draft RAP or notice of intent to deny, and revise your draft RAP based on those comments, as appropriate.
(b) If the Director determines that your RAP includes the information and terms and conditions required in Section R315-270-135, then he will issue a final decision approving your RAP and, in writing, notify you and all commenters on your draft RAP that your RAP application has been approved.
(c) If the Director determines that your RAP does not include the information required in Section R315-270-135, then he will issue a final decision denying your RAP and, in writing, notify you and all commenters on your draft RAP that your RAP application has been denied.
(d) If the Director's final decision is that the tentative decision to deny the RAP application was incorrect, he will withdraw the notice of intent to deny and proceed to prepare a draft RAP, according to the requirements in Sections R315-270-79 through 230.
(e) When the Director issues a final RAP decision, the Director shall refer to the procedures for appealing the decision under Section R315-270-155.
(f) Before issuing the final RAP decision, the Director shall compile an administrative record. Material readily available at the Division office or published materials which are generally available and which are included in the administrative record need not be physically included with the rest of the record as long as it is specifically referred to in the statement of basis or the response to comments. The administrative record for the final RAP shall include information in the administrative record for the draft RAP, see Subsection R315-270-140(b), and:
(1) All comments received during the public comment period;
(2) Tapes or transcripts of any hearings;
(3) Any written materials submitted at these hearings;
(4) The responses to comments;
(5) Any new material placed in the record since the draft RAP was issued;
(6) Any other documents supporting the RAP; and
(7) A copy of the final RAP.
(g) The Director shall make information contained in the administrative record available for review by the public upon request.
R315-270-155. Hazardous Waste Permit Program -- May the Decision to Approve or Deny My Rap Application Be Administratively Appealed?
(a) Any commenter on the draft RAP or notice of intent to deny, or any participant in any public hearing(s) on the draft RAP, may appeal the Director's decision to approve or deny your RAP application under Section R315-124-19. Any person who did not file comments, or did not participate in any public hearing(s) on the draft RAP, may petition for administrative review only to the extent of the changes from the draft to the final RAP decision. Appeals of RAPs may be made to the same extent as for final permit decisions under Section R315-124-15 (or a decision under Section R315-270-29 to deny a permit for the active life of a hazardous waste management facility or unit).
(b) This appeal is a prerequisite to seeking judicial review of these actions.
R315-270-160. Hazardous Waste Permit Program -- When Does My Rap Become Effective?
Your RAP becomes effective 30 days after the Director notifies you and all commenters that your RAP is approved unless:
(a) The Director specifies a later effective date in his decision;
(b) You or another person has appealed your RAP under R315-270-155 (if your RAP is appealed, and the request for review is granted under Section R315-270-155, conditions of your RAP are stayed according to Section R315-124-16 of this chapter); or
(c) No commenters requested a change in the draft RAP, in which case the RAP becomes effective immediately when it is issued.
R315-270-165. Hazardous Waste Permit Program -- When May I Begin Physical Construction of New Units Permitted Under the Rap?
You shall not begin physical construction of new units permitted under the RAP for treating, storing or disposing of hazardous remediation waste before receiving a finally effective RAP.
R315-270-170. Hazardous Waste Permit Program -- After My Rap Is Issued, How May it Be Modified, Revoked and Reissued, or Terminated?
In your RAP, the Director shall specify, either directly or by reference, procedures for future modifications, revocations and reissuance, or terminations of your RAP. These procedures shall provide adequate opportunities for public review and comment on any modification, revocation and reissuance, or termination that would significantly change your management of your remediation waste, or that otherwise merits public review and comment. If your RAP has been incorporated into a traditional hazardous waste permit, as allowed under Subsection R315-270-85(c), then the RAP will be modified according to the applicable requirements in Sections R315-270-40 through 42, revoked and reissued according to the applicable requirements in Sections R315-270-41 and 43, or terminated according to the applicable requirements of Section R315-270-43.
R315-270-175. Hazardous Waste Permit Program -- for What Reasons May the Director Choose to Modify My Final Rap?
(a) The Director may modify your final RAP on his own initiative only if one or more of the following reasons listed in Section R315-27-175 exist(s). If one or more of these reasons do not exist, then the Director shall not modify your final RAP, except at your request. Reasons for modification are:
(1) You made material and substantial alterations or additions to the activity that justify applying different conditions;
(2) The Director finds new information that was not available at the time of RAP issuance and would have justified applying different RAP conditions at the time of issuance;
(3) The standards or regulations on which the RAP was based have changed because of new or amended statutes, rules, or by judicial decision after the RAP was issued;
(4) If your RAP includes any schedules of compliance, the Director may find reasons to modify your compliance schedule, such as an act of God, strike, flood, or materials shortage or other events over which you as the owner/operator have little or no control and for which there is no reasonably available remedy;
(5) You are not in compliance with conditions of your RAP;
(6) You failed in the application or during the RAP issuance process to disclose fully all relevant facts, or you misrepresented any relevant facts at the time;
(7) The Director has determined that the activity authorized by your RAP endangers human health or the environment and can only be remedied by modifying; or
(8) You have notified the Director, as required in the RAP under Subsection R315-270-30(l)(3)) of a proposed transfer of a RAP.
(b) Notwithstanding any other provision in Section R315-270-175, when the Director reviews a RAP for a land disposal facility under Section R315-270-195, he may modify the permit as necessary to assure that the facility continues to comply with the currently applicable requirements in Rules R315-124, 260 through 266 and 270.
(c) The Director shall not reevaluate the suitability of the facility location at the time of RAP modification unless new information or standards indicate that a threat to human health or the environment exists that was unknown when the RAP was issued.
R315-270-180. Hazardous Waste Permit Program -- for What Reasons May the Director Choose to Revoke and Reissue My Final Rap?
(a) The Director may revoke and reissue your final RAP on his own initiative only if one or more reasons for revocation and reissuance exist(s). If one or more reasons do not exist, then the Director shall not modify or revoke and reissue your final RAP, except at your request. Reasons for modification or revocation and reissuance are the same as the reasons listed for RAP modifications in Subsections R315-270-175(a)(5) through (8) if the Director determines that revocation and reissuance of your RAP is appropriate.
(b) The Director shall not reevaluate the suitability of the facility location at the time of RAP revocation and reissuance, unless new information or standards indicate that a threat to human health or the environment exists that was unknown when the RAP was issued.
R315-270-185. Hazardous Waste Permit Program -- for What Reasons May the Director Choose to Terminate My Final Rap, or Deny My Renewal Application?
The Director may terminate your final RAP on his own initiative, or deny your renewal application for the same reasons as those listed for RAP modifications in Subsections R315-270-175(a)(5) through (7) if the Director determines that termination of your RAP or denial of your RAP renewal application is appropriate.
R315-270-190. Hazardous Waste Permit Program -- May the Decision to Approve or Deny a Modification, Revocation and Reissuance, or Termination of My Rap Be Administratively Appealed?
(a) Any commenter on the modification, revocation and reissuance or termination, or any person who participated in any hearing(s) on these actions, may appeal the Director's decision to approve a modification, revocation and reissuance, or termination of your RAP, according to Section R315-270-155. Any person who did not file comments or did not participate in any public hearing(s) on the modification, revocation and reissuance or termination, may petition for administrative review only of the changes from the draft to the final RAP decision.
(b) Any commenter on the modification, revocation and reissuance or termination, or any person who participated in any hearing(s) on these actions, may informally appeal the Director's decision to deny a request for modification, revocation and reissuance, or termination. Any person who did not file comments, or did not participate in any public hearing(s) on the modification, revocation and reissuance or termination may petition for administrative review only of the changes from the draft to the final RAP decision.
(c) The process for informal appeals of RAPs is found in Rule R305-7
R315-270-195. Hazardous Waste Permit Program -- When Will My RAP Expire?
RAPs shall be issued for a fixed term, not to exceed 10 years, although they may be renewed upon approval by the Director in fixed increments of no more than ten years. In addition, the Director shall review any RAP for hazardous waste land disposal five years after the date of issuance or reissuance and you or the Director shall follow the requirements for modifying your RAP as necessary to assure that you continue to comply with currently applicable requirements in Rules adopted under Section 19-6-101 through 125.
R315-270-200. Hazardous Waste Permit Program -- How May I Renew My RAP if it Is Expiring?
If you wish to renew your expiring RAP, you shall follow the process for application for and issuance of RAPs in Sections R315-270-79 through 230.
R315-270-205. Hazardous Waste Permit Program -- What Happens If I Have Applied Correctly for a Rap Renewal But Have Not Received Approval by the Time My Old Rap Expires?
If you have submitted a timely and complete application for a RAP renewal, but the Director, through no fault of yours, has not issued a new RAP with an effective date on or before the expiration date of your previous RAP, your previous RAP conditions continue in force until the effective date of your new RAP or RAP denial.
R315-270-210. Hazardous Waste Permit Program -- What Records Shall I Maintain Concerning My Rap?
You are required to keep records of:
(a) All data used to complete RAP applications and any supplemental information that you submit for a period of at least 3 years from the date the application is signed; and
(b) Any operating and/or other records the Director requires you to maintain as a condition of your RAP.
R315-270-215. Hazardous Waste Permit Program -- How Are Time Periods in the Requirements in Sections R315-27-79 through 230 and My Rap Computed?
(a) Any time period scheduled to begin on the occurrence of an act or event shall begin on the day after the act or event. For example, if your RAP specifies that you shall close a staging pile within 180 days after the operating term for that staging pile expires, and the operating term expires on June 1, then June 2 counts as day one of your 180 days, and you would have to complete closure by November 28.
(b) Any time period scheduled to begin before the occurrence of an act or event shall be computed so that the period ends on the day before the act or event. For example, if you are transferring ownership or operational control of your site, and wish to transfer your RAP, the new owner or operator shall submit a revised RAP application no later than 90 days before the scheduled change. Therefore, if you plan to change ownership on January 1, the new owner/operator shall submit the revised RAP application no later than October 3, so that the 90th day would be December 31.
(c) If the final day of any time period falls on a weekend or legal holiday, the time period shall be extended to the next working day. For example, if you wish to appeal the Director's decision to modify your RAP, then you shall file the appeal within 30 days after the Director has issued the final RAP decision. If the 30th day falls on Sunday, then you may submit your appeal by the Monday after. If the 30th day falls on July 4th, then you may submit your appeal by July 5th.
(d) Whenever a party or interested person has the right to or is required to act within a prescribed period after the service of notice or other paper upon him by mail, 3 days shall be added to the prescribed term. For example, if you wish to appeal the Director's decision to modify your RAP, then you shall file the appeal within 30 days after the Director has issued the final RAP decision. However, if the Director notifies you of his decision by mail, then you may have 33 days to file.
R315-270-220. Hazardous Waste Permit Program -- How May I Transfer My Rap to a New Owner or Operator?
(a) If you wish to transfer your RAP to a new owner or operator, you shall follow the requirements specified in your RAP for RAP modification to identify the new owner or operator, and incorporate any other necessary requirements. These modifications do not constitute "significant" modifications for purposes of Section R315-270-170. The new owner/operator shall submit a revised RAP application no later than 90 days before the scheduled change along with a written agreement containing a specific date for transfer of RAP responsibility between you and the new permittees.
(b) When a transfer of ownership or operational control occurs, you as the old owner or operator shall comply with the applicable requirements in Section R315-264-140 through 151 until the new owner or operator has demonstrated that he is complying with the requirements in Section R315-264-140 through 151. The new owner or operator shall demonstrate compliance with Section R315-264-140 through 151 within six months of the date of the change in ownership or operational control of the facility or remediation waste management site. When the new owner/operator demonstrates compliance with Section R315-264-140 through 151 to the Director, the Director shall notify you that you no longer need to comply with Section R315-264-140 through 151 as of the date of demonstration.
R315-270-230. Hazardous Waste Permit Program -- May I Perform Remediation Waste Management Activities Under a Rap at a Location Removed From the Area Where the Remediation Wastes Originated?
(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 shall request the RAP, and the Director shall approve or deny the RAP, according to the procedures and requirements in Sections R315-270-79 through 230.
(d) A RAP for an alternative location shall also meet the following requirements, which the Director shall include in the RAP for such locations:
(1) The RAP for the alternative location shall 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 Sections R315-124-31, 32, and 33;
(3) The RAP is subject to the public notice requirements in Subsection R315-124-10(c);
(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 shall demonstrate compliance with this standard through the requirements in Subsection R315-270-14(b)(11), See definitions of terms in Subsection R315-264-18(a);
(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 Section R315-264-101; and
(2) Application of Subsection R315-264-1(j) in lieu of Sections R315-264-10 through 56.
R315-270-235. Hazardous Waste Permit Program -- Integration with Maximum Achievable Control Technology (MACT) Standards -- Options For Incinerators, Cement Kilns, Lightweight Aggregate Kilns, Solid Fuel Boilers, Liquid Fuel Boilers and Hydrochloric Acid Production Furnaces to Minimize Emissions From Startup, Shutdown, and Malfunction Events.
(a) Facilities with existing permits
(1) Revisions to permit conditions after documenting compliance with MACT. The owner or operator of a hazardous waste-permitted incinerator, cement kiln, lightweight aggregate kiln, solid fuel boiler, liquid fuel boiler, or hydrochloric acid production furnace may request that the Director address permit conditions that minimize emissions from startup, shutdown, and malfunction events under any of the following options when requesting removal of permit conditions that are no longer applicable according to Subsections R315-264-340(b) and R315-266-100(b):
(i) Retain relevant permit conditions. Under this option, the Director shall:
(A) Retain permit conditions that address releases during startup, shutdown, and malfunction events, including releases from emergency safety vents, as these events are defined in the facility's startup, shutdown, and malfunction plan required under 40 CFR 63.1206(c)(2), which is incorporated by reference in Subsection R307-214-2(39); and
(B) Limit applicability of those permit conditions only to when the facility is operating under its startup, shutdown, and malfunction plan.
(ii) Revise relevant permit conditions.
(A) Under this option, the Director shall:
(I) Identify a subset of relevant existing permit requirements, or develop alternative permit requirements, that ensure emissions of toxic compounds are minimized from startup, shutdown, and malfunction events, including releases from emergency safety vents, based on review of information including the source's startup, shutdown, and malfunction plan, design, and operating history.
(II) Retain or add these permit requirements to the permit to apply only when the facility is operating under its startup, shutdown, and malfunction plan.
(B) Changes that may significantly increase emissions.
(I) You shall notify the Director in writing of changes to the startup, shutdown, and malfunction plan or changes to the design of the source that may significantly increase emissions of toxic compounds from startup, shutdown, or malfunction events, including releases from emergency safety vents. You shall notify the Director of such changes within five days of making such changes. You shall identify in the notification recommended revisions to permit conditions necessary as a result of the changes to ensure that emissions of toxic compounds are minimized during these events.
(II) The Director may revise permit conditions as a result of these changes to ensure that emissions of toxic compounds are minimized during startup, shutdown, or malfunction events, including releases from emergency safety vents either:
(IIi) Upon permit renewal, or, if warranted;
(IIii) By modifying the permit under Subsection R315-270-41(a) or Section R315-270-42.
(iii) Remove permit conditions. Under this option:
(A) The owner or operator shall document that the startup, shutdown, and malfunction plan required under 40 CFR 63.1206(c)(2), which is incorporated by reference in Subsection R307-214-2(39), has been approved by the Director of the Division of Air Quality under 40 CFR 63.1206(c)(2)(ii)(B), which is incorporated by reference in Subsection R307-214-2(39); and
(B) The Director shall remove permit conditions that are no longer applicable according to Subsections R315-264-340(b) and R315-266-100(b).
(2) Addressing permit conditions upon permit reissuance. The owner or operator of an incinerator, cement kiln, lightweight aggregate kiln, solid fuel boiler, liquid fuel boiler, or hydrochloric acid production furnace that has conducted a comprehensive performance test and submitted to the Director of the Division of Air Quality a Notification of Compliance documenting compliance with the standards of Subsection R315-214-2(39), which adopts 40 CDR 63 subpart EEE by reference, may request in the application to reissue the permit for the combustion unit that the Director control emissions from startup, shutdown, and malfunction events under any of the following options:
(i) RCRA option A.
(A) Under this option, the Director shall:
(I) Include, in the permit, conditions that ensure compliance with Subsections R315-264-345(a) and 345(c) or Subsections R315-266-102(e)(1) and 102(e)(2)(iii) to minimize emissions of toxic compounds from startup, shutdown, and malfunction events, including releases from emergency safety vents; and
(II) Specify that these permit requirements apply only when the facility is operating under its startup, shutdown, and malfunction plan; or
(ii) RCRA option B.
(A) Under this option, the Director shall:
(I) Include, in the permit conditions, that ensure emissions of toxic compounds are minimized from startup, shutdown, and malfunction events, including releases from emergency safety vents, based on review of information including the source's startup, shutdown, and malfunction plan, design, and operating history; and
(II) Specify that these permit requirements apply only when the facility is operating under its startup, shutdown, and malfunction plan.
(B) Changes that may significantly increase emissions.
(I) You shall notify the Director in writing of changes to the startup, shutdown, and malfunction plan or changes to the design of the source that may significantly increase emissions of toxic compounds from startup, shutdown, or malfunction events, including releases from emergency safety vents. You shall notify the Director of such changes within five days of making such changes. You shall identify in the notification recommended revisions to permit conditions necessary as a result of the changes to ensure that emissions of toxic compounds are minimized during these events.
(II) The Director may revise permit conditions as a result of these changes to ensure that emissions of toxic compounds are minimized during startup, shutdown, or malfunction events, including releases from emergency safety vents either:
(IIi) Upon permit renewal, or, if warranted;
(IIii) By modifying the permit under Subsection R315-270-41(a) or Section R315-270-42; or
(iii) CAA option. Under this option:
(A) The owner or operator shall document that the startup, shutdown, and malfunction plan required under 40 CFR 63.1206(c)(2), which is incorporated by reference in Subsection R307-214-2(39), has been approved by the Director of the Division of Air Quality under 40 CFR 63.1206(c)(2)(ii)(B), which is incorporated by reference in Subsection R307-214-2(39); and
(B) The Director shall omit from the permit conditions that are not applicable under Subsections R315-264-340(b) and R315-266-100(b).
(b) Interim status facilities
(1) Interim status operations. In compliance with Section R315-265-340 and Subsection R315-266-100(b), the owner or operator of an incinerator, cement kiln, lightweight aggregate kiln, solid fuel boiler, liquid fuel boiler, or hydrochloric acid production furnace that is operating under the interim status standards of Rule R315-265 or 266 may control emissions of toxic compounds during startup, shutdown, and malfunction events under either of the following options after conducting a comprehensive performance test and submitting to the Director of the Division of Air Quality a Notification of Compliance documenting compliance with the standards of Subsection R307-214-2(39), which adopts 40 CFR 63 subpart EEE by reference.
(i) RCRA option. Under this option, the owner or operator continues to comply with the interim status emission standards and operating requirements of Rules R315-265 or 266 relevant to control of emissions from startup, shutdown, and malfunction events. Those standards and requirements apply only during startup, shutdown, and malfunction events; or
(ii) CAA option. Under this option, the owner or operator is exempt from the interim status standards of Rules R315-265 or 266 relevant to control of emissions of toxic compounds during startup, shutdown, and malfunction events upon submission of written notification and documentation to the Director that the startup, shutdown, and malfunction plan required under 40 CFR 63.1206(c)(2), which is incorporated by reference in Subsection R307-214-2(39), has been approved by the Director of the Division of Air Quality under 40 CFR 63.1206(c)(2)(ii)(B), which is incorporated by reference in Subsection R307-214-2(39).
(2) Operations under a subsequent RCRA permit. When an owner or operator of an incinerator, cement kiln, lightweight aggregate kiln, solid fuel boiler, liquid fuel boiler, or hydrochloric acid production furnace that is operating under the interim status standards of Rules R315-265 or 266 submits a RCRA permit application, the owner or operator may request that the Director control emissions from startup, shutdown, and malfunction events under any of the options provided by Subsection R315-270-235(a)(2)(i), (a)(2)(ii), or (a)(2)(iii).
(c) New units. Hazardous waste incinerator, cement kiln, lightweight aggregate kiln, solid fuel boiler, liquid fuel boiler, or hydrochloric acid production furnace units that become subject to hazardous waste permit requirements after October 12, 2005 shall control emissions of toxic compounds during startup, shutdown, and malfunction events under either of the following options:
(1) Comply with the requirements specified in 40 CFR 63.1206(c)(2), which is incorporated by reference in Subsection R307-214-2(39); or
(2) Request to include in the hazardous waste permit, conditions that ensure emissions of toxic compounds are minimized from startup, shutdown, and malfunction events, including releases from emergency safety vents, based on review of information including the source's startup, shutdown, and malfunction plan and design. The Director shall specify that these permit conditions apply only when the facility is operating under its startup, shutdown, and malfunction plan.
KEY: hazardous waste
Date of Enactment or Last Substantive Amendment: 2016
Authorizing, and Implemented or Interpreted Law: 19-6-105; 19-6-106
Document Information
- Effective Date:
- 3/9/2016
- Publication Date:
- 02/01/2016
- Type:
- Notices of Proposed Rules
- Filed Date:
- 01/14/2016
- Agencies:
- Environmental Quality, Waste Management and Radiation Control, Waste Management
- Rulemaking Authority:
Section 19-6-106
Section 19-6-105
- Authorized By:
- Scott Anderson, Director
- DAR File No.:
- 40114
- Summary:
Rule R315-270 replaces Rule R315-3. It also adopts changes in federal rules relating to the definition of solid waste, electronic manifests, cathode ray tubes, coal combustion residuals, carbon dioxide exclusion, corrections and clarifications, and burden reduction changes. All of these changes are required to maintain an approved state program or are required by Utah statue.
- CodeNo:
- R315-270
- CodeName:
- Hazardous Waste Permit Program
- Link Address:
- Environmental QualityWaste Management and Radiation Control, Waste ManagementRoom Second Floor 195 N 1950 WSALT LAKE CITY, UT 84116-3097
- Link Way:
Ralph Bohn, by phone at 801-536-0212, by FAX at 801-536-0222, or by Internet E-mail at rbohn@utah.gov
- AdditionalInfo:
- More information about a Notice of Proposed Rule is available online. The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at http://www.rules.utah.gov/publicat/bull-pdf/2016/b20160201.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version. Text to be deleted is struck through and surrounded by brackets ([example]). ...
- Related Chapter/Rule NO.: (1)
- R315-270. Hazardous Waste Permit Program