 |
Utah Administrative Code (Current through November 1, 2019) |
 |
R315. Environmental Quality, Waste Management and Radiation Control, Waste Management |
|
R315-270. Hazardous Waste Permit Program |
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)(1)(ix), and the appropriate units of State and local government, as specified in Subsection R315-124-10(c)(1)(x). 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 Subsections R315-124-10(c)(1)(ix) and (x) 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)(1)(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 a 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.
Table
Appendix I to Section R315-270-42 -- Classification of Permit
Modification
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
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
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
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
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/Cl2, 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.