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.