DAR File No. 40119
This rule was published in the February 1, 2016, issue (Vol. 2016, No. 3) of the Utah State Bulletin.
Environmental Quality, Waste Management and Radiation Control, Waste Management
Rule R315-3
Application and Permit Procedures for Hazardous Waste Treatment, Storage, and Disposal Facilities
Notice of Proposed Rule
(Repeal)
DAR File No.: 40119
Filed: 01/14/2016 02:54:50 PM
RULE 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. The new rules will follow the numbering system used by the US EPA, thus, the current hazardous waste rules must be repealed when the new rules become effective.
Summary of the rule or change:
Rule R315-3 is repealed in its entirety and is replaced by Rule R315-270. (DAR NOTE: The proposed new Rule R315-270 is under DAR No. 40114 in this issue, February 1, 2016, of the Bulletin.)
State statutory or constitutional authorization for this rule:
- Section 19-6-105
- Section 19-6-106
Anticipated cost or savings to:
the state budget:
There will be no 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:
There will be no cost to repeal the rule. All costs for the rule that will replace the repealed rule is covered in the rule analysis form for Rule R315-270.
small businesses:
There will be no cost to repeal the rule. All costs for the rule that will replace the repealed rule is covered in the rule analysis form for Rule R315-270.
persons other than small businesses, businesses, or local governmental entities:
There will be no cost to repeal the rule. All costs for the rule that will replace the repealed rule is covered in the rule analysis form for Rule R315-270.
Compliance costs for affected persons:
There will be no cost to repeal the rule. All costs for the rule that will replace the repealed rule is covered in the rule analysis form for Rule R315-270.
Comments by the department head on the fiscal impact the rule may have on businesses:
There will be no cost to repeal the rule. All costs for the rule that will replace the repealed rule is covered in the rule analysis form for Rule R315-270.
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 QualityWaste Management and Radiation Control, Waste ManagementRoom Second Floor
195 N 1950 W
SALT LAKE CITY, UT 84116-3097
Direct 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 [email protected]
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.
[R315-3. Application and Permit Procedures for Hazardous
Waste Treatment, Storage, and Disposal Facilities.
R315-3-1. General Information.
1.1 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 pursuant
to this section and section 19-6-108 for that facility, may
continue to operate that facility without violating this section
until the time as the permit is approved or disapproved pursuant
to this section.
(b) The Director shall review each proposed hazardous
waste permit application to determine whether the application
will be in accord with the provisions of these rules 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 this section 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 this section or the 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 these rules.
(c) Any permit application which does not meet the
requirements of these rules 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.
(d) 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.
(e) 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 R315-7-14, which incorporates by reference
40 CFR 265.115, after January 26, 1983, shall have post-closure
permits, unless they demonstrate closure by removal or
decontamination as provided under R315-3-1.1(e)(5) and (6), or
obtain an enforceable document in lieu of a post-closure permit,
as provided under R315-3-1.1(e)(7). If a post-closure permit is
required, the permit shall address applicable R315-8 groundwater
monitoring, unsaturated zone monitoring, corrective action, and
post-closure care requirements of R315. 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 R315-3-1.1.
(1) Specific inclusions. Owners or operators of certain
facilities require hazardous waste permits as well as permits
under other environmental programs for certain aspects of
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 or operator with a State or
Federal UIC permit will be deemed to have a "permit by
rule" if they comply with requirements of
R315-3-6.1(a).
(ii) Treatment, storage, and disposal of hazardous waste
at facilities requiring and NPDES permit. However, the owner or
operator of a publicly owned treatment works receiving hazardous
waste will be deemed to have a "permit by rule" if they
comply with provisions of R315-3-6.1(b).
(2) Specific exclusions. The following persons are among
those who are not required to obtain a permit:
(i) Generators who accumulate hazardous waste on-site for
less than the time periods as provided in R315-5-3.34, which
incorporates the requirements of 40 CFR 262.34.
(ii) Farmers who dispose of hazardous waste pesticides
from their own use as provided in R315-5-7.
(iii) Persons who own or operate facilities solely for
the treatment, storage, or disposal of hazardous waste excluded
from regulations under R315-2-5, small quantity generator
exemption.
(iv) Owners or operators of totally enclosed treatment
facilities as defined in 40 CFR 260.10, which is incorporated by
reference in R315-1-1.
(v) Owners of operators of elementary neutralization
units or wastewater treatment units as defined in 40 CFR 260.10,
which is incorporated by reference in R315-1-1.
(vi) Transporters storing manifested shipments of
hazardous waste in containers meeting the requirements of
R315-5-3.32(b) 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 40 CFR 260.10, which is incorporated by
reference in R315-1, 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 R315-8-2.8(b),
R315-8-9.2, and R315-8-9.3 are complied with.
(viii) Universal waste handlers and universal waste
transporters (as defined in R315-16-1.9) managing the wastes
listed below. These handlers are subject to regulation under
R315-16.
(A) Batteries as described in R315-16-1.2;
(B) Pesticides as described in R315-16-1.3;
(C) Thermostats as described in R315-16-1.4; and
(D) Mercury lamps as described in R315-16-1.5.
(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) 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
this part 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 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 or operators of surface
impoundments, land treatment units, and waste piles closing by
removal or decontamination under R315-7 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 R315-8-11.5, R315-8-13.8, or R315-8-12.6,
respectively. The demonstration may be made in the following
ways:
(i) If the owner or operator has submitted a part B
application for a post-closure permit, the owner or operator may
request a determination, based on information contained in the
application, that R315-8 closure by removal standards were met.
If the Director believes that R315-8 standards were met, he will
notify the public of this proposed decision, allow for public
comment, and reach a final determination according to the
procedures in R315-3-1.1(e)(6);
(ii) If the owner or operator has not submitted a part B
permit application for a post-closure permit, the owner or
operator may petition the Director for a determination that a
post-closure permit is not required because the closure met the
applicable R315-8 closure standards;
(A) The petition shall include data demonstrating that
closure by the removal or decontamination standards of R315-8
were met.
(B) The Director shall approve or deny the petition
according to the procedures outlined in
R315-3-1.1(e)(6).
(6) Procedures for Closure Equivalency
Determination.
(i) If a facility owner or operator seeks an equivalency
demonstration under R315-3-1.1(e)(5), the Director will provide
the public, through a newspaper notice, the opportunity to submit
written comments on the information submitted by the owner or
operator within 30 days from the date of the notice. The Director
will also, in response to a request or at his own discretion,
hold a public hearing whenever a hearing might clarify one or
more issues concerning the equivalence of the R315-7 closure to
an R315-8 closure. The Director will 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 will determine whether the R315-7
closure met R315-8 closure by removal or decontamination
requirements within 90 days of its receipt. If the Director finds
that the closure did not meet the applicable R315-8 standards, he
will provide the owner or operator with a written statement of
the reasons why the closure failed to meet R315-8 standards. The
owner or operator may submit additional information in support of
an equivalency demonstration within 30 days after receiving a
written statement. The Director will 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 R315-8-7, which incorporates by
reference 40 CFR 264.110 through 264.116, closure by removal
standards, the facility is subject to post-closure permit
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 R315-7-14, which incorporates by reference 40
CFR 265.121. "Enforceable document'' means an order,
a permit, or other document issued by the Director that meets the
requirements of 19-6-104, 19-6-112, 19-6-113, and 19-6-115,
including a corrective action order issued by EPA under section
3008(h), a CERCLA remedial action, or a closure or post-closure
permit.
1.4 EFFECT OF A PERMIT
(a)(1) Compliance with a permit during its term
constitutes compliance, for purposes of enforcement, with these
rules, except for those requirements not included in the permit
which:
(i) Become effective by statute;
(ii) Are promulgated under R315-13, which incorporates by
reference 40 CFR 268, restricting the placement of hazardous
wastes in or on the land;
(iii) Are promulgated under R315-8 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 permits,
and will be implemented through the procedures of R315-3-4.3,
which incorporates by reference 40 CFR 270.42, Class 1 permit
modifications; or
(iv) Are promulgated under R315-7-26, which incorporates
by reference 40 CFR 265.1030 through 265.1035, R315-7-27, which
incorporates by reference 40 CFR 265.1050 through 265.1064 or
R315-7-30, which incorporates by reference 40 CFR 265.1080
through 265.1091.
(2) A permit may be modified, revoked and reissued, or
terminated during its term for cause as set forth in R315-3-4.2
and R315-3-4.4, or the permit may be modified upon the request of
the permittee as set forth in R315-3-4.3.
(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.
R315-3-2. Permit Application.
2.1 GENERAL APPLICATION REQUIREMENTS
(a) Permit Application. Any person who is required to
have a permit, including new applicants and persons with expiring
permits, shall complete, sign and submit, an application to the
Director as described in R315-3-2.1 and R315-3-7. Persons
currently authorized with interim status shall apply for permits
when required by the Director. Persons covered by RCRA permits by
rule, R315-3-6.1, need not apply. Procedures for applications,
issuance and administration of emergency permits are found
exclusively in R315-3-6.2. Procedures for application, issuance
and administration of research, development, and demonstration
permits are found exclusively in R315-3-6.5.
(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 permit
by rule, or emergency permit. An application for a permit is
complete when the Director receives an application form and any
supplemental information which are completed to his satisfaction.
An application for a permit is complete notwithstanding the
failure of the owner or operator to submit the exposure
information described in R315-3-2.1(i). 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) Existing Hazardous Waste Management 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
amendment under Utah Solid and Hazardous Waste Act or RCRA that
render the facility subject to the requirement to have a RCRA
permit or State permit shall submit part A of their permit
application to the Director no later than:
(i) Six months after the date of publication of rules
which first require them to comply with the standards set forth
in R315-7 or R315-14, or
(ii) Thirty days after the date they first become subject
to the standards set forth in R315-7 or R315-14, whichever first
occurs.
(iii) For generators generating greater than 100
kilograms of hazardous waste in a calendar month and treats,
stores, or disposes of these wastes on-site, by March 24,
1987
For facilities which had to comply with R315-7 because
they handle a waste listed in EPA's May 19, 1980, Part 261
regulations, 45 FR 33006 et seq., the deadline for submitting an
application was November 19, 1980. Where other existing
facilities shall begin complying with R315-7 or R315-14 at a
later date because of revisions to R315-1, R315-2, R315-7, or
R315-14, the Director will specify when those facilities shall
submit a permit application.
(2) The Director may extend the date by which owners and
operators of specified classes of existing hazardous waste
management facilities shall submit Part A of their permit
application if he finds that there has been substantial confusion
as to whether the owners and operators of such facilities were
required to file a permit application and such confusion is
attributed to ambiguities in R315-1, R315-2, R315-7 or R315-14 of
the regulations.
(3) The Director may by compliance order issued under
19-6-112 and 19-6-113 extend the date by which the owner and
operator of an existing hazardous waste management facility must
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 the
permit application. 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 application in accordance with the dates
specified in R315-3-7.4. Any owner or operator of a land disposal
facility in existence on the effective date of statutory or
regulatory amendments under R315 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
R315-3-7.4.
(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
R315-3-4.4.
(e) New Hazardous Waste Management Facilities.
(1) Except as provided in R315-3-2.1(e)(3), no person
shall begin physical construction of a new hazardous waste
management facility without having submitted part A and part B of
the application and having received a finally effective
permit.
(2) An application for a permit for a new hazardous waste
management facility, including both part A and part B, may be
filed any time after promulgation of applicable regulations. The
application shall be filed with the Regional Administrator if at
the time of application the State has not received final
authorization for permitting such facility; otherwise it shall be
filed with the Director. Except as provided in R315-3-2.1(e)(3),
all applications shall be submitted at least 180 days before
physical construction is expected to commence.
(3) Notwithstanding R315-3-2.1(e)(1), a person may
construct a facility for the incineration of polychlorinated
biphenyls pursuant to an approval issued by the U.S. EPA
Administrator under section (6)(e) of the Toxic Substances
Control Act (TSCA), 15 U.S.C. 2601 et seq., and any person owning
or operating such a facility may, at any time after construction
or operation of the facility has begun, file an application for a
permit to incinerate hazardous waste authorizing the facility to
incinerate waste identified or listed in these rules.
(f) 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 40 CFR 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 the State in addition to those listed or designated
under the previously approved State program, if the facility is
treating, storing, or disposing of any of those newly listed or
designated wastes; or
(iii) As necessary to comply with changes during interim
status, R315-3-7.3. Revised part A applications necessary to
comply with the provisions of interim status shall be filed with
the Director.
(2) The owner or operator of a facility who fails to
comply with the updating requirements of R315-3-2.1(f)(1) does
not receive interim status as to the wastes not covered by duly
filed part A applications.
(g) Reapplications. Any hazardous waste management
facility with an effective permit shall submit a new application
at least 180 days before the expiration date of the effective
permit, unless permission for a later date has been granted by
the Director. The Director shall not grant permission for
applications to be submitted later than the expiration date of
the existing permit.
(h) Recordkeeping.
Applicants shall keep records of all data used to
complete permit application and any supplemental information
submitted under R315-3-2.4 through R315-3-2.12, for a period of
at least three years from the date the application is
signed.
(i) 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, the 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 R315-3-2.1(i)(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
R315-3-2.1(i)(1).
(j) The Director may require a permittee or an applicant
to submit information in order to establish permit conditions
under R315-3-3.3(b)(2), and R315-3-5.1(d).
(k) If the Director concludes, based on one or more of
the factors listed in R315-3-2.1(k)1 that compliance with the
standards of R307-214-2, which incorporates by reference 40 CFR
63, subpart EEE, alone may not be protective of human health or
the environment, the Director shall require the additional
information or assessment(s) 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 resulting from both direct and indirect
exposure pathways.
(1) The Director shall base the evaluation on factors
relevant to the potential risk from a hazardous waste combustion
unit, including, as appropriate, any of the following
factors:
(i) site-specific considerations such as proximity to
receptors, such as schools, hospitals, 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;
(iv) identities and quantities of other off-site sources
of pollutants that significantly influence interpretation of a
facility-specific risk assessment;
(v) 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
operation of the source;
(viii) adequacy of previously conducted risk assessment,
given subsequent changes in conditions likely to affect risk;
and
(ix) other factors as appropriate.
2.2 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 R315-3-2.2(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 R315-3-2.2(a);
(2) The authorization specified 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
R315-3-2.2(b) is no longer accurate because different individual
or position has responsibility for the overall operation of the
facility, a new authorization satisfying the requirements of
R315-3-2.2(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) Certification. Any person signing a document under
R315-3-2.2(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 in accordance with 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 R315-3-8,
which incorporates by reference 40 CFR 270, subpart H, if the
operator certifies according to R315-3-2.2(d)(1), then the owner
may choose to make the following certification instead of the
certification in R315-3-2.2(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, upon
information 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."
2.4 CONTENTS OF PART A OF THE PERMIT APPLICATION
All applicants shall provide the following information to
the Director:
(a) The activities conducted by the applicant which
require it to obtain a hazardous waste operation permit.
(b) Name, mailing address, and location 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 telephone 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, or disposing of hazardous waste, and the
design capacity of these items.
(j) A specification of the hazardous wastes or hazardous
waste mixtures listed or designated under R315-2 to be treated,
stored, or disposed at the facility, an estimate of the quantity
of these wastes to be treated, stored, or disposed annually, and
a general description of the processes to be used for these
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 the Utah
Solid and Hazardous Waste Act or RCRA.
(2) Underground Injection Control (UIC) program under
Safe Drinking Water Act (SDWA), 42 U.S.C. 300f et seq.
(3) NPDES program under Clean Water Act (CWA), 33 U.S.C.
1251 et seq.
(4) Prevention of Significant Deterioration (PSD) program
under the Clean Air Act, 42 U.S.C. 7401 et seq.
(5) Nonattainment program under the Clean Air
Act.
(6) National Emission Standards for Hazardous Pollutants
(NESHAPS) preconstruction approval under the Clean Air
Act.
(7) Dredge or fill permits under section 404 of the Clean
Water Act.
(8) Other relevant environmental permits, including State
and Federal permits or 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.
(o) The legal description of the facility with reference
to the land survey of the State of Utah.
2.5 GENERAL INFORMATION REQUIREMENTS FOR PART B
(a) Part B information requirements presented below
reflect the standards promulgated in R315-8. These information
requirements are necessary in order for the Director to determine
compliance with the standards of R315-8. 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 the
information on a case-by-case basis. Information required in part
B shall be submitted to the Director and signed in accordance
with requirements in R315-3-2.2. Certain technical data, such as
design drawings and specifications, and engineering studies shall
be certified by a registered professional engineer. For
post-closure permits, only the information specified in
R315-3-2.19 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 R315-8-1 provides otherwise:
(1) A general description of the facility,
(2) Chemical and physical analyses of the hazardous
wastes 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 R315-8.
(3) A copy of the waste analysis plan required by
R315-8-2.4, which incorporates by reference 40 CFR 264.13 (b)
and, if applicable 40 CFR 264.13(c).
(4) A description of the security procedures and
equipment required by R315-8-2.5, or a justification
demonstrating the reasons for requesting a waiver of this
requirement.
(5) A copy of the general inspection schedule required by
R315-8-2.6(b). Include, where applicable, as part of the
inspection schedule, specific requirements in R315-8-9.5,
R315-8-10, which incorporates by reference the specific
provisions of 40 CFR 264.193(i) and 264.195, R315-8-11.3,
R315-8-12.3, R315-8-13.4, R315-8-14.3, and R315-8-16, which
incorporates by reference 40 CFR 264.602, R315-8-17, which
incorporates by reference 40 CFR 264.1033, R315-8-18, which
incorporates by reference 40 CFR 264.1052, 264.1053, and
264.1058, and R315-8-22, which incorporates by reference 40 CFR
264.1084, 264.1085, 264.1086, and 264.1088.
(6) A justification of any request for a waiver(s) of the
preparedness and prevention requirements of R315-8-3.
(7) A copy of the contingency plan required by R315-8-4.
Include, where applicable, as part of the contingency plan,
specific requirements in R315-8-11.8 and R315-8-10, which
incorporates by reference 40 CFR 264.200.
(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 run-off 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 the atmosphere.
(9) A description of precautions to prevent accidental
ignition or reaction of ignitable, reactive, or incompatible
wastes as required to demonstrate compliance with R315-8-2.8
including documentation demonstrating compliance with
R315-8-2.8(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 R315-8-2.9(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 R315-50-11, no further information is required to demonstrate
compliance with R315-8-2.9(a).
(ii) If the facility is proposed to be located in an area
listed in R315-50-11, 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 a 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:
(I) Published geologic studies,
(II) Aerial reconnaissance of the area within a five mile
radius from the facility,
(III) An analysis of aerial photographs covering a 3,000
foot radius of the facility, and
(IV) 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
the 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. The 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, and disposal of hazardous
waste will be conducted. The investigation shall document with
supporting maps and other analyses, the location of any 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 the 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 (FIA) 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 a 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
R315-3-2.5(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 the movement relative to flood levels,
including estimated time to move the waste, to show that the
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 rules
under R315-3, R315-7, R315-8, and R315-14.
(III) The planned procedures, equipment, and personnel to
be used and the means to ensure that the 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
R315-8-2.9(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
R315-8-2.7. A brief description of how training will be designed
to meet actual job tasks in accordance with requirements in
R315-8-2.7(a)(3).
(13) A copy of the closure plan and where applicable, the
post-closure plan required by R315-8-7 which incorporates by
reference 40 CFR 264.112, and 264.118, and R315-8-10 which
incorporates by reference 40 CFR 264.197. Include where
applicable as part of the plans specific requirements in
R315-8-9.9, R315-8-10, which incorporates by reference 40 CFR
264.197, R315-8-11.5, R315-8-12.6, R315-8-13.8, R315-8-14.5,
R315-8-15.8, and R315-8-16, which incorporates by reference 40
CFR 264.601 and 264.603.
(14) For hazardous waste disposal units that have been
closed, documentation that notices required under R315-8-7 which
incorporates by reference 40 CFR 264.119, have been
filed.
(15) The most recent closure cost estimate for the
facility prepared in accordance with R315-8-8 which incorporates
by reference 40 CFR 264.142, and a copy of the documentation
required to demonstrate financial assurance under R315-8-8 which
incorporates by reference 40 CFR 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 R315-8-8,
which incorporates by reference 40 CFR 264.144, plus a copy of
the financial assurance mechanism adopted in compliance with
R315-8-8.3 documentation required to demonstrate financial
assurance under R315-8-8, which incorporates by reference 40 CFR
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 R315-8-8, which incorporates by reference 40 CFR
264.147. For a new facility, documentation showing the amount of
insurance meeting the specification of R315-8-8, which
incorporates by reference 40 CFR 264.147(a), and if applicable 40
CFR 264.147(b), also incorporated by reference in R315-8-8, 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 40 CFR
264.147(c), incorporated by reference in R315-8-8.
(18) Where appropriate, proof of coverage by a financial
mechanism as required in R315-8-8, which incorporates by
reference 40 CFR 264.149 and 150.
(19) A topographic map showing a distance of 1000 feet
around the facility at a scale of 2.5 centimeters, one inch,
equal to not more than 61.0 meters, 200 feet. For large hazardous
waste management facilities, the Director will allow the use of
other scales on a case-by-case basis. 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, five feet, if relief is greater than
6.1 meters, 20 feet, or an interval of 0.6 meters, two 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 larger 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 windspeed and
direction.
(vi) Orientation of 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 structures, recreation areas, run-off
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 hazardous
waste management facility site, where hazardous waste is, or will
be, treated, stored, or disposed, include equipment cleanup
areas.
(20) Applicants may be required to submit such
information as may be necessary to enable the Director to carry
out duties under State laws and Federal laws as specified in 40
CFR 270.3.
(21) For land disposal facilities, if a case-by-case
extension has been approved under R315-13, which incorporates by
reference 40 CFR 268.5, or a petition has been approved under
R315-13, which incorporates by reference 40 CFR 268.6, a copy of
the notice of approval for the extension is required.
(22) A summary of the pre-application meeting, along with
a list of attendees and their addresses, and copies of any
written comment or materials submitted at the meeting, as
required under R315-4-2.31(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 otherwise
provided in R315-8-6.1(b).
(1) A summary of the groundwater monitoring data obtained
during the interim status period under R315-7-13 where
applicable.
(2) Identification of the uppermost aquifer and aquifers
hydraulically interconnected beneath the facility property,
including groundwater flow direction and rate, and the basis for
the identification, i.e., the information obtained from
hydrogeologic investigations of the facility area.
(3) On the topographic map required under
R315-3-2.5(b)(19), a delineation of the waste management area,
the property boundary, the proposed "point of
compliance" as defined in R315-8-6.6, the proposed location
of groundwater monitoring wells as required by R315-8-6.8 and, to
the extent possible, the information required in
R315-3-2.5(c)(2);
(4) A description of any plume of contamination that has
entered the groundwater from a regulated unit at the time that
the application is submitted that:
(i) Delineates the extent of the plume on the topographic
map required under R315-3-2.5(b)(19);
(ii) Identifies the concentration of each constituent
listed in R315-50-14, which incorporates by reference Appendix IX
of 40 CFR 264, throughout the plume or identifies the maximum
concentrations of each constituent listed in R315-50-14 in the
plume.
(5) Detailed plans and an engineering report describing
the proposed groundwater monitoring program to be implemented to
meet the requirements of R315-8-6.8.
(6) If the presence of hazardous constituents has not
been detected in the groundwater 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
R315-8-6.9. This submission shall address the following items as
specified under R315-8-6.9:
(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
groundwater;
(ii) A proposed groundwater monitoring system;
(iii) Background values for each proposed monitoring
parameters or constituent, or procedures to calculate the values;
and
(iv) A description of proposed sampling, analysis and
statistical comparison procedures to be utilized in evaluating
groundwater monitoring data.
(7) If the presence of hazardous constituents has been
detected in the groundwater at the point of compliance at the
time of 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 R315-8-6.10. Except as provided in
R315-8-6.9(g)(5), the owner or operator shall also submit an
engineering feasibility plan for a corrective action program
necessary to meet the requirements of R315-8-6.11, unless the
owner or operator obtains written authorization in advance from
the Director to submit a proposed permit schedule for submittal
of a plan. To demonstrate compliance with R315-8-6.10, 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 groundwater,
including concentrations of hazardous constituents;
(iii) A list of hazardous constituents for which
compliance monitoring will be undertaken in accordance with
R315-8-6.8 and R315-8-6.10;
(iv) Proposed concentration limits for each hazardous
constituent, based on the criteria set forth in R315-8-6.5(a)
including a justification for establishing any alternate
concentration limits;
(v) Detailed plans and an engineering report describing
the proposed groundwater monitoring system, in accordance with
the requirements of R315-8-6.8, and
(vi) A description of proposed sampling, analysis and
statistical comparison procedures to be utilized in evaluating
groundwater monitoring data.
(8) If hazardous constituents have been measured in the
groundwater which exceed the concentration limits established
under R315-8-6.5 Table 1, or if groundwater monitoring conducted
at the time of permit application under R315-8-6.1 through
R315-8-6.5 at the waste boundary indicates the presence of
hazardous constituents from the facility in groundwater 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 R315-8-6-11. 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
R315-8-6.5(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 R315-8-6.10
and R315-3-2.5(c)(6). To demonstrate compliance with R315-8-6.11,
the owner or operator shall address, at a minimum, the following
items:
(i) A characterization of the contaminated groundwater,
including concentration of hazardous constituents;
(ii) The concentration limit for each hazardous
constituent found in the groundwater as set forth in
R315-8-6.5;
(iii) Detailed plans and engineering report describing
the corrective action to be taken; and
(iv) A description of how the groundwater monitoring
program will assess the adequacy of the corrective
action.
(v) The permit may contain a schedule for submittal of
the information required in R315-3-2.5(c)(8)(iii) and (iv)
provided the owner or operator obtains written authorization from
the Director prior to submittal of the complete permit
application.
(9) An intended schedule of construction shall be
submitted with the permit application and will be incorporated
into the permit as an approval condition. Facility permits shall
be reviewed by the Director no later than 18 months from the date
of permit issuance, and periodically thereafter, to determine if
a program of continuous construction is proceeding. Failure to
maintain a program of continuous construction may result in
revocation of the permit.
(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 R315-3-2.5(b)(19);
(ii) Designation of type of unit;
(iii) General dimensions and structural description,
supply any available drawings;
(iv) When the unit was operated; and
(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 the unit or units.
(3) The owner or operator shall conduct and provide the
results of sampling and analysis of groundwater, land surface,
and subsurface strata, surface water, or air, which may include
the installation of wells, where the Director ascertains it is
necessary to complete a RCRA Facility Assessment that will
determine if a more complete investigation is necessary.
2.6 SPECIFIC PART B INFORMATION REQUIREMENTS FOR
CONTAINERS
Facilities that store containers of hazardous waste,
except as otherwise provided in R315-8-9.1, shall provide the
following additional information:
(a) A description of the containment system to
demonstrate compliance with R315-8-9.6. 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 R315-8-9.6(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 R315-8-9.7, location of buffer zone and containers holding
ignitable or reactive wastes, and R315-8-9.8(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 R315-8-9.8(a) and (b) and R315-8-2.8(b)
and (c).
(e) Information on air emission control equipment as
required in R315-3-2.18, which incorporates by reference 40 CFR
270.27.
2.7 SPECIFIC PART B INFORMATION REQUIREMENTS FOR TANK
SYSTEMS
For facilities that use tanks to store or treat hazardous
waste, the requirements of 40 CFR 270.16, 1996 ed., are adopted
and incorporated by reference.
2.8 SPECIFIC PART B INFORMATION REQUIREMENTS FOR SURFACE
IMPOUNDMENTS
Facilities that store, treat, or dispose of hazardous
waste in surface impoundments, except as otherwise provided in
R315-8-1.1, 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 or will be designed, constructed,
operated, and maintained to meet the requirements of R315-8-2.10,
R315-8-11.2, R315-8-11.9, R315-8-11.10, 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 R315-8-11.2(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 groundwater or surface water at
any future time;
(2) The double liner and leak, leachate, detection,
collection, and removal system, if the surface impoundment must
meet the requirements of R315-8-11.2(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
R315-8-11.2(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 R315-8-2.10;
(5) Proposed action leakage rate, with rationale, if
required under R315-8-11.9, and response action plan, if required
under R315-8-11.10;
(6) Prevention of overtopping; and
(7) Structural integrity of dikes.
(c) A description of how each surface impoundment,
including the double liner, leak detection system, cover system,
and appurtenances for control of overtopping, will be inspected
in order to meet the requirements of R315-8-11.3(a), (b), and
(d). This information should be included in the inspection plan
submitted under R315-3-2.5(b)(5);
(d) A certification by a qualified engineer which attests
to the structural integrity of each dike, as required under
R315-8-11.3(c). For new units, the owner or operator shall submit
a statement by a qualified engineer that he will provide 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
R315-8-11.4(b) and (c). This information should be included in
the contingency plan submitted under R315-3-2.5(b)(7);
(f) A description of how hazardous waste residues and
contaminated materials will be removed from the unit at closure,
as required under R315-8-11.5(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
R315-8-11.5(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 R315-3-2.5(b)(13);
(g) If ignitable or reactive wastes are to be placed in a
surface impoundment, an explanation of how R315-8-11.6 will be
complied with;
(h) If incompatible wastes, or incompatible wastes and
materials will be placed in a surface impoundment, an explanation
of how R315-8-11.7 will be complied with.
(i) A waste management plan for EPA Hazardous Waste Nos.
F020, F021, F022, F023, F026, and F027 describing how the surface
impoundment is or will be designed, constructed, operated, and
maintained to meet the requirements of R315-8-11.8. This
submission shall address the following items as specified in
R315-8-11.8:
(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 by R315-3-2.18, which incorporates by reference 40 CFR
270.27.
2.9 SPECIFIC PART B INFORMATION REQUIREMENTS FOR WASTE
PILES
Facilities that store or treat hazardous waste in waste
piles, except as otherwise provided in R315-8-1, 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 R315-8-12.2 and R315-8-6
as provided by R315-8-12.1(c) or R315-8-6(b)(2), an explanation
of how the standards of R315-8-12.1(c) will be complied with or
detailed plans and an engineering report describing how the
requirements of R315-8-6(b)(2) will be met.
(c) Detailed plans and an engineering report describing
how the waste pile is or will be designed, constructed, operated
and maintained to meet the requirements of R315-8-2.10,
R315-8-12.2, R315-8-12.8, and R315-8-12.9, addressing the
following items:
(1)(i) The liner system, except for an existing portion
of a waste pile, if the waste pile must meet the requirements of
R315-8-12.2(a). If an exemption from the requirement for a liner
is sought as provided by R315-8-12.2(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 must meet the
requirements of R315-8-12.2(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
R315-8-12.2(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 R315-8-2.10;
(v) Proposed action leakage rate, with rationale, if
required under R315-8-12.8, and response action plan, if required
under R315-8-12.9;
(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 R315-8-12.3(a), (b), and (c). This information
shall be included in the inspection plan submitted under
R315-3-2.5(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 R315-8-12.4
will be complied with;
(g) If incompatible wastes, or incompatible wastes and
materials will be placed in a waste pile, an explanation of how
R315-8-12.5 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 R315-8-12.6(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 R315-8-14.5(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
R315-3-2.5(b)(13);
(i) A waste management plan for EPA Hazardous Waste Nos.
F020, F021, F022, F023, F026 and F027 describing how a waste pile
that is not enclosed, as defined in R315-8-12.1(c) is or will be
designed, constructed, operated, and maintained to meet the
requirements of R315-8-12.7. This submission shall address the
following items as specified in R315-8-12.7:
(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.
2.10 SPECIFIC PART B INFORMATION REQUIREMENTS FOR
INCINERATORS
For facilities that incinerate hazardous waste, except as
R315-8-15.1 and R315-3-2.10(e) provides otherwise, the applicant
shall fulfill the requirements of R315-3-2.10(a), (b), or
(c).
(a) When seeking exemption under R315-8-15.1(b) or (c)
(ignitable, corrosive or reactive wastes only):
(1) Documentation that the waste is listed as a hazardous
waste in R315-2-10 solely because it is ignitable, Hazard Code I,
corrosive, Hazard Code C, or both; or
(2) Documentation that the waste is listed as a hazardous
waste in R315-2-10 solely because it is reactive, Hazard Code R,
for characteristics other than those listed in R315-2-9(f)(1)(iv)
and (v), 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 wastes under R315-2-9; or
(4) Documentation that the waste is a hazardous waste
solely because it possesses the reactivity characteristics listed
in R315-2-9(f)(i), (ii), (iii), (vi), (vii), or (viii) 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 the trial
burn, including all required determinations, in accordance with
R315-3-6.3; 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 R315-50-10, which incorporates by
reference 40 CFR part 261 Appendix VIII, which are present in the
waste to be burned, except that the applicant need not analyze
for constituents listed in R315-50-10, which incorporates by
reference 40 CFR 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 analytical techniques
specified in "Test Methods for the Evaluation of Solid
Waste, Physical/Chemical Methods," EPA Publication SW-846,
as incorporated by reference in 40 CFR 260.11, see R315-1-2, or
their equivalent.
(iv) An approximate quantification of the hazardous
constituents identified in the waste, within the precision
produced by the analytical methods specified in "Test
Methods for the Evaluation of Solid Waste, Physical/Chemical
Methods," EPA Publication SW-846, as incorporated by
reference in 40 CFR 260.11, see R315-1-2.
(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 standard in R315-8-15.4.
(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
R315-3-2.10(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 R315-8-15.4.
(ii) Methods and results of monitoring temperatures,
waste feed rates, air feed rates, and 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 R315-8-15.4 and R315-8-15.6
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) Any supplemental information as the Director finds
necessary to achieve the purposes of this paragraph.
(8) Waste analysis data, including that submitted in
R315-3-2.10(c)(1), sufficient to allow the Director to specify as
permit Principal Organic Hazardous Constituents (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
R315-8-15.6, operating conditions that will ensure that the
performance standards in R315-8-15.4 will be met by the
incinerator.
(e) When an owner or operator of a hazardous waste
incineration unit becomes subject to RCRA permit requirements or
demonstrates compliance with the air emission standards and
limitations in R307-214-2, which incorporates by reference 40 CFR
63, subpart EEE (i.e., by conducting a comprehensive performance
test and submitting a Notification of Compliance under
R307-214-2, which incorporates by reference 40 CFR 63.1207(j) and
63.1210(d)), documenting compliance with all applicable
requirements of R307-214-2, which incorporates by reference 40
CFR 63, subpart EEE), the requirements of R315-3-2.10 do not
apply, except those provisions the Director determines are
necessary to ensure compliance with R315-8-15.6(a) and
R315-8-15.6(c) if the owner or operator elects to comply with
R315-3-9.1(a)(1)(i) to minimize emissions of toxic compounds from
startup, shutdown, and malfunction events. Nevertheless, the
Director may apply the provisions of R315-3-2.10, on a
case-by-case basis, for purposes of information collection in
accordance with R315-3-2.1(j), R315-3-2.1(k), R315-3-3.3(b)(2),
and R315-3-3(b)(3).
2.11 SPECIFIC PART B INFORMATION REQUIREMENTS FOR LAND
TREATMENT FACILITIES
Facilities that use land treatment to dispose of
hazardous waste, except as otherwise provided in R315-8-1.1,
shall provide the following additional information:
(a) A description of plans to conduct a treatment
demonstration as required under R315-8-13.3. The description
shall include the following information:
(1) The wastes for which the demonstration will be made
and the potential hazardous constituents in the wastes;
(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 R315-8-13.2. 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 R315-8-13.4(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 the selection in
R315-8-13.6(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 R315-8-2.4, which
incorporates by reference 40 CFR 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 R315-8-13.4. 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
R315-3-2.5(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 R315-8-13.5(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 R315-8-13.5(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
R315-8-13.8(a)(8) and R315-8-13.8(c)(2). This information should
be included in the closure plan, and, where applicable, the
post-closure care plan submitted under
R315-3-2.5(b)(13).
(g) If ignitable or reactive wastes will be placed in or
on the treatment zone, an explanation of how the requirements of
R315-8-13.9 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 R315-8-13.10 will be complied with.
(i) A waste management plan for EPA Hazardous Waste Nos.
F020, F021, F022, F023, F026, and F027 describing how a land
treatment facility is or will be designed, constructed, operated,
and maintained to meet the requirements of R315-8-13.11. This
submission shall address the following items as specified in
R315-8-13.11:
(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.
2.12 SPECIFIC PART B INFORMATION REQUIREMENTS FOR
LANDFILLS
Facilities that dispose of hazardous waste in landfills,
except as otherwise provided in R315-8-1.1, 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 comply with the requirements of
R315-8-2.10, R315-8-14.2., R315-8-14.3, and R315-8-14.12,
addressing the following items:
(1)(i) The liner system, except for an existing portion
of a landfill, if the landfill must meet the requirements of
R315-8-14.2(a). If an exemption from the requirement for a liner
is sought as provided by R315-8-14.2(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 groundwater or surface water
at any future time;
(ii) The double liner and leak (leachate) detection,
collection, and removal system, if the landfill must meet the
requirements of R315-8-14.2(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
R315-8-14.2(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 R315-8-2.10;
(v) Proposed action leakage rate, with rationale, if
required under R315-8-14.12, and response action plan, if
required under R315-8-14.3;
(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 R315-8-14.3(a), (b), and (c). This information
shall be included in the inspection plan submitted under
R315-3-2.5(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 R315-8-14.3(a) and (b). This information should
be included in the inspection plan submitted under
R315-3-2.5(b)(5).
(e) Detailed plans and engineering report describing the
final cover which will be applied to each landfill or landfill
cell at closure in accordance with R315-8-14.5(a), and a
description of how each landfill will be maintained and monitored
after closure in accordance with R315-8-14.5(b). This information
should be included in the closure and post-closure plans
submitted under R315-3-2.5(b)(13).
(f) If ignitable or reactive wastes will be landfilled,
an explanation of how the requirements of R315-8-14.6 will be
complied with;
(g) If incompatible wastes, or incompatible wastes and
materials will be landfilled, an explanation of how R315-8-14.7
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 R315-8-14.8(a) will be
complied with;
(i) If containers of hazardous waste are to be
landfilled, an explanation of how the requirements of R315-8-14.9
or R315-8-14.10 as applicable, will be complied with.
(j) A waste management plan for EPA Hazardous Waste Nos.
F020, F021, F022, F023, F026, and F027 describing how a landfill
is or will be designed, constructed, operated, and maintained to
meet the requirements of R315-8-14.11. This submission shall
address the following items as specified in
R315-8-14.11:
(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.
2.13 SPECIFIC PART B INFORMATION REQUIREMENTS FOR BOILERS
AND INDUSTRIAL FURNACES BURNING HAZARDOUS WASTE
For facilities that burn hazardous wastes in boilers and
industrial furnaces which R315-14-7 applies, which incorporates
by reference 40 CFR subpart H, 266.100 through 266.112, the
requirements of 40 CFR 270.22, 2006 ed., are adopted and
incorporated by reference.
2.14 SPECIFIC PART B INFORMATION REQUIREMENTS FOR
MISCELLANEOUS UNITS
Facilities that treat, store or dispose of hazardous
waste in miscellaneous units except as otherwise provided in
R315-8-16, which incorporates by reference 40 CFR 264.600, 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 R315-8-16, which incorporates by reference 40 CFR
264.601 and 264.602; and
(3) For disposal units, a detailed description of the
plans to comply with the post-closure requirements of R315-8-16,
which incorporates by reference 40 CFR 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 R315-8-16, which
incorporates by reference 40 CFR 264.601. If the applicant can
demonstrate that he does not violate the environmental
performance standards of R315-8-16, which incorporates by
reference 40 CFR 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 these
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 R315-8-16, which
incorporates by reference 40 CFR 264.601.
2.15 SPECIFIC PART B INFORMATION REQUIREMENTS FOR PROCESS
VENTS
For facilities that have process vents to which R315-8-17
applies, which incorporates by reference 40 CFR subpart AA of
264, the requirements of 40 CFR 270.24, 2006 ed., regarding
information requirements for process vents are adopted and
incorporated by reference with the following exception:
Substitute "Director" for "Regional
Administrator."
2.16 SPECIFIC PART B INFORMATION REQUIREMENTS FOR
EQUIPMENT
For facilities that have equipment to which R315-8-18
applies, which incorporates by reference 40 CFR subpart BB of
264, the requirements of 40 CFR 270.25, 2006 ed., regarding
information requirements for equipment are adopted and
incorporated by reference with the following exception:
Substitute "Director" for "Regional
Administrator."
2.17 SPECIFIC PART B INFORMATION REQUIREMENTS FOR DRIP
PADS
For facilities that have drip pads to which R315-8-19
applies, which incorporates by reference 40 CFR subpart W,
264.570 through 264.575, the requirements of 40 CFR 270.26, 1991
ed., are adopted and incorporated by reference.
2.18 SPECIFIC PART B INFORMATION REQUIREMENTS FOR AIR
EMISSION CONTROLS FOR TANKS, SURFACE IMPOUNDMENTS, AND
CONTAINERS
The requirements as found in 40 CFR 270.27 1996 ed., as
amended by 61 FR 59931, November 25, 1996, are adopted and
incorporated by reference.
2.19 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
R315-3-2.5(b)(1), (4), (5), (6), (11), (13), (14), (16), (18),
(19), and R315-3-2.5(c) and (d), unless the Director determines
that additional information from R315-3-2.5, R315-3-2.7, which
incorporates by reference 40 CFR 270.16, R315-3-2.8, R315-3-2.9,
R315-3-2.11, or R315-3-2.12 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
R315-3-1.3(e)(7).
2.20 PERMIT DENIAL
The Director may, pursuant to the procedures in R315-4,
deny the permit application either in its entirety or as to the
active life of a hazardous waste management facility or unit
only.
R315-3-3. Permit Conditions.
3.1 CONDITIONS APPLICABLE TO PERMITS
The following conditions apply to all permits. All
conditions applicable to permits shall be incorporated into the
permits either expressly or by reference. If incorporated by
reference, a specific citation of these rules 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 any noncompliance is authorized in an emergency
permit. (See R315-3-6.2). Any plan noncompliance except under the
terms of an emergency permit, constitutes a violation of the Utah
Solid and Hazardous Waste Act 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 approved
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 all measures as are
reasonable to prevent significant adverse impact 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 in accordance with the provisions of
R315-3-4.2 or R315-4.4 and the procedures of R315-4-1.5. The
filing of a request by the permittee for a permit modification,
revocation and reissuance, or termination, or a notification or
planned changes or anticipated noncompliance, does not stay any
permit condition.
(g) Property rights. This 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 must be kept under the conditions of
this permit;
(2) Have access to and copy, at reasonable times, any
records that must 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 the Utah Solid and Hazardous Waste Act, any substances or
parameters at any location.
(j) Monitoring and records.
(1) Sample 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 R315-8-5.3, which incorporates by
reference 40 CFR 264.73(b)(9), and records of all data used to
complete the application for this permit, for a period of at
least three 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 groundwater monitoring wells and
associated groundwater surface elevations, for the active life of
the facility, and for disposal facilities for the post-closure
care period as well.
(3) Records of 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 all analyses.
(k) Signatory requirement. All applications, reports, or
information submitted to the Director shall be signed and
certified, see R315-3-2.2.
(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 approved facility.
(2) Anticipated noncompliance. The permittee shall give
advance notice to the Director of any planned changes in the
approved 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 R315-3-4.3, which incorporates by
reference 40 CFR 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 R315-3-3.1(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. The 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 any other
requirements as may be necessary. See R315-3-4.1.
(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. See R315-9 for Emergency
Controls.
(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 hazardous waste
that may cause an endangerment to public drinking water
supplies.
(B) Any information of a release of hazardous waste or of
a fire or explosion from the hazardous waste management 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
five 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 the 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
fifteen days, the permittee shall submit a letter report,
including a copy of the manifest, to the Director. (See
R315-8-5.4)
(8) Unmanifested waste report. This report shall be
submitted to the Director within 15 days of receipt of
unmanifested wastes.
(9) Biennial report. A biennial report shall be submitted
covering facility activities during odd numbered calendar
years.
(10) Other noncompliance. The permittee shall report all
instances of noncompliance not reported under R315-3-3.1(l)(4),
(5), and (6), at the time monitoring reports are submitted. The
reports shall contain the information listed in
R315-3-3.1(l)(6).
(11) Other information. Where the permittee becomes aware
that he 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, he shall promptly
submit all 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 R315-4-2.33(b). The
information repository will be governed by the provisions in
R315-4-2.33 (c) through (f).
3.2 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 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 R315-8 and
R315-14. Reporting shall be no less frequent than specified in
R315-8 and R315-14.
3.3 ESTABLISHING PERMIT CONDITIONS
In addition to the conditions established, each permit
shall include:
(a) A list of the wastes or classes of wastes which will
be treated, stored, or disposed of at the facility, and a
description of the processes to be used for treating, storing,
and disposing of these hazardous wastes at the facility including
the design capacities of each storage, treatment, and disposal
unit. Except in the case of containers, the description shall
identify the particular wastes or classes of wastes which will be
treated, stored, or disposed of in particular equipment or
locations, e.g., "Halogenated organics may be stored in Tank
A", and "Metal hydroxide sludges may be disposed of in
landfill cells B, C, and D", and
(b)(1) Each permit shall include conditions necessary to
achieve compliance with the Utah Solid and Hazardous Waste Act
and these rules, including each of the applicable requirements
specified in R315-7, R315-8, R315-13, which incorporates by
reference 40 CFR 268, and R315-14, which incorporates by
reference 40 CFR 266. In satisfying this provision, the Director
may incorporate applicable requirements of R315-7, R315-8,
R315-13, which incorporates by reference 40 CFR 268, and R315-14,
which incorporates by reference 40 CFR 266, directly into the
permit or establish other permit conditions that are based on
these rules.
(2) Each permit issued under the Utah Solid and Hazardous
Waste Act shall contain terms and conditions as the Director
determines necessary to protect human health and the
environment.
(3) If the Director determines that conditions in
addition to those required under R307-214-2 which incorporates by
reference, 40 CFR parts 63, subpart EEE, R315-8 or R315-14 are
necessary, he shall include those terms and conditions in a RCRA
permit for a hazardous waste combustion unit.
(c) New or reissued permits, and to the extent allowed
under R315-3-4.2, modified or revoked and reissued permits, shall
incorporate each of the applicable requirements referenced in
R315-3-3.2 and R315-3-3.3.
(d) Incorporation. All permit conditions shall be
incorporated either expressly or by reference. If incorporated by
reference, a specific citation to the applicable requirements
shall be given in the permit.
3.4 SCHEDULES OF COMPLIANCE
(a) The permit may, when appropriate, specify a schedule
of compliance leading to compliance with these rules.
(1) Time for compliance. Any schedules of compliance
under this section shall require compliance as soon as
possible.
(2) Interim dates. Except as provided in
R315-3-3.4(b)(1)(ii), if a permit establishes a schedule of
compliance which exceeds one 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 one
year.
(ii) If the time necessary for completion of any interim
requirement is more than one 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 requirement, or submit progress reports if
R315-3-3.4(a)(2)(ii) is applicable.
(b) Alternative schedules of permit compliance. An
applicant or permittee may cease conducting regulated activities,
by receiving a terminal volume of hazardous waste, and for
treatment and storage facilities, closing pursuant to applicable
requirements; and for disposal facilities, closing and conducting
post-closure care pursuant to applicable requirement, 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 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 will
include the termination date, the permit shall contain a schedule
leading to permit termination which will 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 will 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 R315-3-3.4(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.
R315-3-4. Changes to Permit.
4.1 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 R315-3-4.1(b) or R315-3-4.2(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 R315-3-4.3, which
incorporates by reference 40 CFR 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 R315-8-8, which incorporates by reference 40 CFR
264, subpart H, until the new owner or operator has demonstrated
that he is complying with the requirements of that subpart. The
new owner or operator shall demonstrate compliance with R315-8-8,
which incorporates by reference 40 CFR 264, subpart H
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 R315-8-8, which incorporates by reference 40 CFR
264, subpart H, the Director shall notify the old owner or
operator that he no longer needs to comply with R315-8-8, which
incorporates by reference 40 CFR 264, subpart H as of the date of
demonstration.
4.2 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 R315-3-3.1, receives a
request for modification or revocation and reissuance under
R315-4-1.5 or conducts review of the permit file, he may
determine whether one or more of the causes listed in
R315-3-4.2(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 R315-3-4.2(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
R315-4-1.5(c)(2). If cause does not exist under this section, 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 R315-3-4.3, which
incorporates by reference 40 CFR 270.42. Otherwise, a draft
permit shall be prepared and other procedures in R315-4
followed.
(a) Causes for modification. The following are causes for
modification but not revocation and reissuance of permits, and
the following may be causes for revocation and reissuance as well
as modification under any program when the permittee requests or
agrees.
(1) Alterations. There are materials and substantial
alterations or additions to the approved facility or activity
which occurred after permit issuance which justifies 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 rules, guidance, or test methods, and would
have justified the application of different permit conditions at
the time of issuance.
(3) New statutory requirements or rules. The standards or
rules on which the permit was based have been changed by statute,
through promulgation of new or amended standards or rules or by
judicial decision after the permit was issued.
(4) Compliance schedules. The Director determined 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 this section,
when a permit for a land disposal facility is reviewed by the
Director under R315-3-5.1(d), the Director shall modify the
permit as necessary to assure that the facility continues to
comply with the currently applicable requirements in these
rules.
(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 R315-3-4.4 and the
Director determines that modification or revocation and
reissuance is appropriate.
(2) The Director has received notification as required in
the permit, see R315-3-3.1(l)(3) of a proposed transfer of the
permit.
(c) Facility siting. Suitability of the facility location
may 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.
4.3 PERMIT MODIFICATION AT THE REQUEST OF THE
PERMITTEE
The requirements of 40 CFR 270.42, including Appendix I,
2006 ed., are adopted and incorporated by reference with the
following exception;
substitute "Director" for all Federal
regulation references made to "Administrator";
4.4 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 R315-4 in terminating any permit under R315-3-4.4.
R315-3-5. Expiration and Continuation of Permits.
5.1 DURATION OF PERMITS
(a) Hazardous waste operation permits shall be effective
for a fixed term not to exceed ten years.
(b) Except as provided in R315-3-5.2, the term of a
permit shall not be extended by modification beyond the maximum
duration specified in R315-3-5.1.
(c) The Director may issue any permit for a duration that
is less than the full allowable term under this section.
(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 R315-3-4.2.
5.2 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 R315-3-2.5 and the applicable requirements of R315-3-2.5
and the applicable sections in R315-3-2.6 through R315-3-2.20,
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 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 this section 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
R315-4-1.6. 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 R315-4 with appropriate
conditions;
(4) Take other actions authorized by these
rules.
(d) State Continuation. If the permittee has submitted a
timely and complete application, including timely and adequate
response to any deficiency notice, for permit under applicable
State law and rules, the terms and conditions of an EPA issued
RCRA permit shall continue in force until the effective date of
the State's issuance or denial of a State permit.
(e) Permits which have been issued under authority of the
Federal Resource Conservation and Recovery Act will be
administered by the State when hazardous waste program
authorization becomes effective.
R315-3-6. Special Forms of Permits.
6.1 PERMITS BY RULE
Notwithstanding any other provision of R315-3 and R315-4,
the following shall be deemed to have an approved hazardous waste
permit if the conditions listed are met:
(a) 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
State or Federal law.
(2) Complies with the conditions of that permit and the
requirements in R317-7, Underground Injection Control Program,
for managing hazardous waste in a well.
(3) For UIC permits issued after November 8,
1984:
(i) Complies with R315-8-6.12; and
(ii) Where the UIC well is the only unit at a facility
which requires a permit, complies with R315-3-2.5(d).
(b) Publicly owned treatment works. The owner or operator
of a POTW which accepts hazardous waste, for treatment if the
owner or operator:
(1) Has an NPDES permit;
(2) Complied with the conditions of that permit;
(3) Complies with the following rules;
(i) R315-8-2.2, Identification number;
(ii) R315-8-5.2, Use of manifest system;
(iii) R315-8-5.4, Manifest discrepancies;
(iv) R315-8-5.3, which incorporates by reference 40 CFR
264.73(a) and (b)(1), Operating record;
(v) R315-8-5.6, Biennial report;
(vi) R315-8-5.7, Unmanifested waste report; and
(vii) R315-8-6.12, For NPDES permits issued after
November 8, 1984.
(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.
6.2 EMERGENCY PERMITS
(a) Notwithstanding any other provision of R315-3 or
R315-4, 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 waste 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 he determines that termination is appropriate to
protect human health and the environment;
(5) Shall be accompanied by a public notice published
under R315-4-1.10(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 R315-3,R315-8, and R315-14.
6.3 HAZARDOUS WASTE INCINERATOR PERMITS
When an owner or operator of a hazardous waste
incineration unit becomes subject to RCRA permit requirements or
demonstrates compliance with the air emission standards and
limitations in R307-214-2, which incorporates by reference 40 CFR
63, subpart EEE (i.e., by conducting a comprehensive performance
test and submitting a Notification of Compliance under
R307-214-2, which incorporates by reference 40 CFR 63.1207(j) and
63.1210(d) documenting compliance with all applicable
requirements of R307-214-2, which incorporates by reference 40
CFR 63, subpart EEE), the requirements of R315-3-6.3 do not
apply, except those provisions the Director determines are
necessary to ensure compliance with R315-8-15.6(a) and
R315-8-15.6(c) if the owner or operator elects to comply with
R315-3-9(a)(1)(i) to minimize emissions of toxic compounds from
startup, shutdown, and malfunction events. Nevertheless, the
Director may apply the provisions of R315-3-6.3, on a
case-by-case basis, for purposes of information collection in
accordance with R315-3-2.1(j), R315-3-2.1(k), R315-3-3.3(b)(2),
and R315-3-3.3(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 will
be effective for the minimum time required to bring the
incinerator to a point of operational readiness sufficient 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 R315-3-4.3, which incorporates by reference 40 CFR
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
R315-8-15.4 during this period. This statement should include, at
a minimum, restrictions on waste constituents, waste feed rates
and the operating parameters identified in R315-8-15.6.
(2) The Director will review this statement and any other
relevant information submitted with part B of the permit and
specify requirements for this period sufficient to meet the
performance standards of R315-8-15.4 based on its engineering
judgment.
(b) For the purpose of determining feasibility of
compliance with the performance standards of R315-8-15.4, and of
determining adequate operating conditions under R315-8-15.6, the
Director shall establish conditions in the permit to a new
hazardous waste incinerator to be effective during the trial
burn.
(1) Applicants shall propose a trial burn plan, prepared
under R315-3-6.3(b)(2) with 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 physical
form of the waste.
(C) An identification of any hazardous organic
constituents listed in R315-50-10, which incorporates by
reference 40 CFR 261, Appendix VIII, which are present in the
waste to be burned, except that the applicant need not analyze
for constituents listed in R315-50-10, which incorporates by
reference 40 CFR 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 analytical
techniques specified in "Test Methods for the Evaluation of
Solid Waste, Physical/Chemical Methods," EPA Publication
SW-846, as incorporated by reference in 40 CFR 260.11 and 270.6,
see R315-1-2, or other equivalent.
(D) An approximate quantification of the hazardous
constituents identified in the waste, within the precision
produced by the analytical methods specified in "Test
Methods for the Evaluation of Solid Waste, Physical/Chemical
Methods," EPA Publication SW-846, as incorporated by
reference in 40 CFR 260.11 and 270.6, see R315-1-2, or, their
equivalent.
(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 and
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 of 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 R315-3-6.3(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) All other information as the Director reasonably
finds necessary to determine whether to approve the trial burn
plan in light of the purpose of this paragraph and the criteria
in R315-3-6.3(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 this paragraph.
(4) Based on the waste analysis data in the trial burn
plan, the Director will 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 will be specified by the
Director based on his 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 R315-2-10, the hazardous waste organic constituent or
constituents identified in R315-50-9 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 R315-8-15.4 can be
met;
(ii) The trial burn itself will 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 R315-8-15.6;
and
(iv) The information sought in R315-3-6.3(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 R315-4-1.10(c)(1)(iv)
and to the appropriate units of State and local government as set
forth in R315-4-1.10(c)(1)(v) 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 Division.
(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
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.
(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 POHC, oxygen (O
2) 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
R315-8-15.4(a).
(v) If the HC1 emission rate exceeds 1.8 kilograms of HC1
per hour (4 pounds per hour), a computation of HC1 removal
efficiency in accordance with R315-8-15.4(b).
(vi) A computation of particulate emissions in accordance
with R315-8-15.4(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) All other information as the Director may specify as
necessary to ensure that the trial burn will determine compliance
with the performance standards in R315-8-15.4 and to establish
the operating conditions required by R315-8-15.6 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
R315-3-6.3(b)(7). 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 this paragraph shall be
certified on behalf of the applicant by the signature of a person
authorized to sign a permit application or a report under
R315-3-2.2.
(11) Based on the results of the trial burn, the Director
shall set the operating requirements in the final permit
according to R315-8-15.6. The permit modification shall proceed
according to R315-3-4.3, which incorporates by reference 40 CFR
270.42.
(c) For the purpose 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 no limited to allowable waste feeds and
operating conditions sufficient to meet the requirements of
R315-8-15.6, in the permit to a new hazardous waste incinerator.
These permit conditions will 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
R315-8-15.4 during this period. This statement should include, at
a minimum, restrictions on waste constituents, waste feed rates
and the operating parameters identified in R315-8-15.6.
(2) The Director will 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 R315-8-15.4 based on
its engineering judgment.
(d) For the purposes of determining feasibility of
compliance with the performance standards of R315-8-15.4 and of
determining adequate operating conditions under R315-8-15.6, 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 R315-3-2.10(b) and
R315-3-6.3(b)(2) through (b)(5) and (b)(7) through (b)(10) or,
instead, submit other information as specified in R315-3-2.10(c).
The Director shall announce his or her intention to approve the
trial burn plan in accordance with the timing and distribution
requirements of R315-3-6.3(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 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 agency
approval of the plan and the time period during which the trial
burn would be conducted. Applicants submitting information under
R315-3-2.10(a) are exempt from compliance with R315-8-15.4 and
R315-8-15.6 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
R315-3-6.3(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 will specify a time period prior to permit issuance
in which the trial burn shall be conducted and the results
submitted.
6.4 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 R315-8-13.3, the
Director may issue a treatment demonstration permit. The permit
shall contain only those requirements necessary to meet the
standards in R315-8-13.3(c). The permit may be issued either as a
treatment or disposal approval covering only the field test or
laboratory analyses, or as a two-phase facility approval 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
they find 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 they can establish permit conditions to attempt
to provide for compliance with all the requirements of R315-8-13,
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, he will establish, as requirements in the first phases of
the facility permit, conditions for conducting the field tests or
laboratory analyses. These permit conditions will 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 cleanup activities, and any other conditions
which the Director finds may be necessary under R315-8-13.3(c).
The Director will include conditions in the second phase of the
facility permit to attempt to meet all R315-8-13 requirements
pertaining to unit design, construction, operation, and
maintenance. The Director will 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 will be effective as
provided in R315-4-1.15.
(2) The second phase of the permit will be effective as
provided in R315-3-6.4(d).
(c) When the owner or operator who has been issued a
two-phase permit has completed the treatment demonstration, he
shall submit to the Director certification, signed by a person
authorized to sign a permit application or report under
R315-3-2.2, 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 the 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
R315-8-13.3, he will modify the second phase of the permit to
incorporate any requirement necessary for operation of the
facility in compliance with R315-8-13, based upon the results of
the field tests or laboratory analyses.
(1) This permit modification may proceed under
R315-3-4.3, which incorporates by reference 40 CFR 270.42, or
otherwise will proceed as a modification under R315-3-4.2(a)(2).
If such modifications are necessary, the second phase of the
permit will become effective only after those modifications have
been made.
(2) If no modification of the second phase of the permit
are necessary, the Director will give notice of his final
decision to the permit applicant and to each person who submitted
written comments on the phased permit or who requested notice of
final decision on the second phase of the permit. The second
phase of the permit then will become effective as specified in
R315-4-1.15(b).
6.5 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 any experimental activity have not been promulgated
under R315-8 and R315-14. Any such permits shall include such
terms and conditions as will assure protection of human health
and the environment. These permits:
(1) Shall provide for the construction of these
facilities as necessary, and for operation of the facility for
not longer than one year unless renewed as provided in
R315-3-6.5(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 efficiency and performance capabilities of the technology or
process and the effects of the technology or process on human
health and the environment; and
(3) Shall include all 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 all
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
permit under this section, the Director may, consistent with the
protection of human health and the environment, modify or waive
permit application and permit issuance requirements in R315-3 and
R315-4 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 they determine that
termination is necessary to protect human health and the
environment.
(d) Any permit issued under this section may be renewed
not more than three times. Each renewal shall be for a period of
not more than one year.
6.6 PERMITS FOR BOILERS AND INDUSTRIAL FURNACES BURNING
HAZARDOUS WASTE
The requirements of 40 CFR 270.66, 2006 ed., are adopted
and incorporated by reference with the following
exception:
"Director" means the Director of the Division
of Waste Management and Radiation Control.
6.7 REMEDIAL ACTION PLANS
Remedial Action Plans (RAPs) are special forms of permits
that are regulated under R315-3-8, which incorporates by
reference 40 CFR 270, subpart H.
R315-3-7. Interim Status.
7.1 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 RCRA permit or
State permit shall have interim status and shall be treated as
having been issued a permit to the extent he or she has:
(1) Complied with the Federal requirements of section
3010(a) of RCRA pertaining to notification of hazardous waste
activity or the notification requirements of these
rules.
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
R315-3-7.1(a)(2).
(2) Complied with the requirements of 40 CFR 270.10 or
R315-3-2.1 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 R315-3-2.4,
the Director shall notify the owner or operator in writing of the
apparent deficiency. The 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
the notification and to explain or cure the alleged deficiency in
his part A application. If, after the notification and
opportunity for response, the Director determines that the
application is deficient he may take appropriate enforcement
action.
(c) R315-3-7.1(a) shall not apply to any facility which
has been previously denied a permit or if authority to operate
the facility under State or Federal authority has been previously
terminated.
7.2 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 or permit application;
(2) Employ processes not specified in part A of the
permit or permit application; or
(3) Exceed the design capacities specified in part A of
the permit or permit application.
(b) Interim status standards. During interim status,
owners or operators shall comply with the interim status
standards in R315-7.
7.3 CHANGES DURING INTERIM STATUS
(a) Except as provided in R315-3-7.3(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 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 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 R315-7-15, which incorporates by reference 40 CFR
265 subpart H, until the new owner or operator has demonstrated
to the Director that he is complying with the requirements of
that subpart. The new owner or operator shall demonstrate
compliance with R315-7-15, which incorporates by reference 40 CFR
265 subpart H, 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 R315-7-15, which incorporates by reference 40 CFR
265 subpart H, the Director shall notify the old owner or
operator in writing that he no longer needs to comply with
R315-7-15, which incorporates by reference 40 CFR 265 subpart H,
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 19-6-105(d), or by EPA
under section 3008(h) RCRA or other Federal authority or by a
court in a judicial action brought by EPA or by an authorized
State. Changes under this paragraph 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 this paragraph,
changes listed under R315-3-7.3(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 R315-7-17, which incorporates by
reference 40 CFR 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) of
RCRA.
(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) of RCRA or other Federal authority,
or by a court in a judicial proceeding brought by EPA, 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 or containers, or
containment buildings, hazardous wastes subject to land disposal
restrictions imposed by R315-13, which incorporates by reference
40 CFR 268, or R315-8, provided that these changes are made
solely for the purpose of complying with R315-13, which
incorporates by reference 40 CFR 268, or R315-8.
(7) Addition of newly regulated units under
R315-3-7.3(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.
7.4 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 R315-3-8, which incorporates by reference 40 CFR 270,
subpart H, is made.
(b) Interim status is terminated as provided in
R315-3-2.1(d)(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 a facility prior to that date; and
(2) The owner or operator certifies that the facility is
in compliance with all applicable groundwater 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 that render the
facility subject to the requirement to have a RCRA permit and
which is granted interim status, twelve months after the date on
which the facility first becomes subject to the permit
requirement unless the owner or operator of the
facility:
(1) Submits a part B application for a permit for the
facility before the date 12 months after the date on which the
facility first becomes subject to the permit requirement;
and
(2) Certifies that the facility is in compliance with all
applicable groundwater monitoring and financial responsibility
requirements.
(e) For owners or operators of any land disposal unit
that is granted authority to operate under R315-3-7.3(a)(1), (2)
or (3), on the date 12 months after the effective date of the
requirement, unless the owner or operator certifies that this
unit is in compliance with all applicable groundwater monitoring
and financial responsibility requirements.
(f) For owners or 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
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.
R315-3-8. Remedial Action Plans (RAPs).
The requirements of 40 CFR 270, subpart H, which includes
sections 270.79 through 270.230, 2000 ed., are adopted and
incorporated by reference with the following exception:
"Director" means Director of the Division of
Waste Management and Radiation Control.
R315-3-9. Integration with Maximum Achievable Control
Technology (MACT) Standards.
9.1 OPTIONS FOR INCINERATORS AND CEMENT AND LIGHTWEIGHT
AGGREGATE KILNS TO MINIMIZE EMISSIONS FROM STARTUP, SHUTDOWN, AND
MALFUNTION 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
R315-8-15.1(b) and R315-14-7, which incorporates by reference 40
CFR 266.100(b):
(i) Retain relevant permit conditions. Under this option,
the Director will:
(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 R307-214-2, which incorporates by reference 40 CFR
63.1206(c)(2); 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 will:
(1) 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.
(2) 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.
(1) You must 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 must notify
the Director of such changes within five days of making such
changes. You must 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.
(2) 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:
(i) Upon permit renewal, or, if warranted;
(ii) By modifying the permit under R315-3-4.2(a) or
R315-3-4.3, which incorporates by reference 40 CFR
270.42.
(iii) Remove permit conditions. Under this
option:
(A) The owner or operator must document that the startup,
shutdown, and malfunction plan required under R307-214-2, which
incorporates by reference 40 CFR 63.1206(c)(2), has been approved
by the Director under R307-214-2, which incorporates by reference
40 CFR 63.1206(c)(2)(ii)(B); and
(B) The Director will remove permit conditions that are
no longer applicable according to R315-8-15.1(b) and R315-14-7,
which incorporates by reference 40 CFR 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 a
Notification of Compliance documenting compliance with the
standards of R307-214-2, which incorporates by reference 40 CFR
63, subpart EEE, 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 will:
(1) Include, in the permit, conditions that ensure
compliance with R315-8-15.6(a) and (c) or R315-14-7, which
incorporates by reference 40 CFR 266.102(e)(1) and (e)(2)(iii),
to minimize emissions of toxic compounds from startup, shutdown,
and malfunction events, including releases from emergency safety
vents; and
(2) 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 will:
(1) 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
(2) 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.
(1) You must 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 must notify
the Director of such changes within five days of making such
changes. You must 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.
(2) 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:
(i) Upon permit renewal, or, if warranted;
(ii) By modifying the permit under R315-3-4.2(a) or
R315-3-4.3, which incorporates by reference 40 CFR 270.42;
or
(iii) CAA option. Under this option:
(A) The owner or operator must document that the startup,
shutdown, and malfunction plan required under R307-214-2, which
incorporates by reference 40 CFR 63.1206(c)(2), has been approved
by the Director under R307-214-2, which incorporates by reference
40 CFR 63.1206(c)(2)(ii)(B); and
(B) The Director will omit from the permit conditions
that are not applicable under R315-8-15.1(b) and R315-14-7, which
incorporates by reference 40 CFR 266.100(b).
(b) Interim status facilities.
(1) Interim status operations. In compliance with
R315-7-22 and R315-14-7, which incorporates by reference 40 CFR
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 R315-7 or R315-14 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 a Notification of Compliance documenting
compliance with the standards of R307-214-2, which incorporates
by reference 40 CFR 63, subpart EEE:
(i) RCRA option. Under this option, the owner or operator
continues to comply with the interim status emission standards
and operating requirements of R315-7 or R315-14 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 R315-7 or R315-14
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
R307-214-2, which incorporates by reference 40 CFR 63.1206(c)(2),
has been approved by the Director under R307-214-2, which
incorporates by reference 40 CFR 63.1206(c)(2)(ii)(B).
(2) Operations under a subsequent hazardous waste 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 R315-7 or R315-14 submits a
hazardous waste 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 R315-3-9(a)(2)(i), (a)(2)(ii), or
(a)(2)(iii).
(c) new units that become subject to RCRA permit
requirements 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
R315-307-214-2, which incorporates by reference 40 CFR
63.1206(c)(2); or
(2) request to include in the RCRA Permit, conditions
that ensure emissions are minimized from startup, shutdown, and
malfunction events based on review of information including the
source's startup, shutdown, and malfunction plan and design.
The Director will 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: April 25,
2013
Notice of Continuation: July 13, 2011
Authorizing, and Implemented or Interpreted Law: 19-6-105;
19-6-106]
Additional Information
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 https://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]). Text to be added is underlined (example). Older browsers may not depict some or any of these attributes on the screen or when the document is printed.
For questions regarding the content or application of this rule, please contact Ralph Bohn at the above address, by phone at 801-536-0212, by FAX at 801-536-0222, or by Internet E-mail at [email protected]. For questions about the rulemaking process, please contact the Division of Administrative Rules.