Current through Register Vol. 47, No. 17, September 10, 2024
(a) Any person
seeking an exemption from a prohibition under Subpart C of this part for the
disposal of a restricted hazardous waste in a particular unit or units must
submit a petition to the Administrator demonstrating, to a reasonable degree of
certainty, that there will be no migration of hazardous constituents from the
disposal unit or injection zone for as long as the wastes remain hazardous. The
demonstration must include the following components:
(1) An identification of the specific waste
and the specific unit for which the demonstration will be made;
(2) A waste analysis to describe fully the
chemical and physical characteristics of the subject waste;
(3) A comprehensive characterization of the
disposal unit site including an analysis of background air, soil, and water
quality.
(4) A monitoring plan that
detects migration at the earliest practicable time;
(5) Sufficient information to assure the
Administrator that the owner or operator of a land disposal unit receiving
restricted waste(s) will comply with other applicable Federal, State, and local
laws.
(b) The
demonstration referred to in paragraph (a) of this section must meet the
following criteria:
(1) All waste and
environmental sampling, test, and analysis data must be accurate and
reproducible to the extent that state-of-the-art techniques allow;
(2) All sampling, testing, and estimation
techniques for chemical and physical properties of the waste and all
environmental parameters must have been approved by the
Administrator,
(3) Simulation
models must be calibrated for the specific waste and site conditions, and
verified for accuracy by comparison with actual measurements;
(4) A quality assurance and quality control
plan that addresses all aspects of the demonstration must be approved by the
Administrator; and
(5) An analysis
must be performed to identify and quantify any aspects of the demonstration
that contribute significantly to uncertainty. This analysis must include an
evaluation of the consequences of predictable future events, including, but not
limited to, earthquakes, floods, severe storm events, droughts, or other
natural phenomena.
(c)
Each petition referred to in paragraph (a) of this section must include the
following:
(1) A monitoring plan that
describes the monitoring program installed at and/or around the unit to verify
continued compliance with the conditions of the variance. This monitoring plan
must provide information on the monitoring of the unit and/or the environment
around the unit. The following specific information must be included in the
plan:
(i) The media monitored in the cases
where monitoring of the environment around the unit is required;
(ii) The type of monitoring conducted at the
unit, in the cases where monitoring of the unit is required;
(iii) The location of the monitoring
stations;
(iv) The monitoring
interval (frequency of monitoring at each station);
(v) The specific hazardous constituents to be
monitored;
(vi) The implementation
schedule for the monitoring program;
(vii) The equipment used at the monitoring
stations;
(viii) The sampling and
analytical techniques employed; and
(ix) The data recording/reporting
procedures.
(2) Where
applicable, the monitoring program described in paragraph (c)(1) of this
section must be in place for a period of time specified by the Administrator,
as part of the Administrator's approval of the petition, prior to receipt of
prohibited waste at the unit.
(3)
The monitoring data collected according to the monitoring plan specified under
paragraph (c)(1) of this section must be sent to the Administrator according to
a format and schedule specified and approved in the monitoring plan,
and
(4) A copy of the monitoring
data collected under the monitoring plan specified under paragraph (c)(1) of
this section must be kept on-site at the facility in the operating
record.
(5) The monitoring program
specified under paragraph (c)(1) of this section must meet the following
criteria:
(i) All sampling, testing, and
analytical data must be approved by the Administrator and must provide data
that is accurate and reproducible.
(ii) All estimation and monitoring techniques
must be approved by the Administrator.
(iii) A quality assurance and quality control
plan addressing all aspects of the monitoring program must be provided to and
approved by the Administrator.
(d) Each petition must be submitted to the
Administrator.
(e) After a petition
has been approved, the owner or operator must report any changes in conditions
at the unit and/or the environment around the unit that significantly depart
from the conditions described in the variance and affect the potential for
migration of hazardous constituents from the units as follows:
(1) If the owner or operator plans to make
changes to the unit's design, construction, or operation, such a change must be
proposed, in writing, and the owner or operator must submit a demonstration to
the Administrator at least thirty days prior to making the change. The
Administrator will determine whether the proposed change invalidates the terms
of the petition and will determine the appropriate response. Any changes must
be approved by the Administrator prior to being made.
(2) If the owner or operator discovers that a
condition at the site which was modeled or predicted in the petition does not
occur as predicted, this change must be reported, in writing, to the
Administrator within 10 days of discovering the change. The Administrator will
determine whether the reported change from the terms of the petition requires
further action, which may include termination of waste acceptance and
revocation of the petition, petition modifications, or other
responses.
(f) If the
owner or operator determines that there is migration of hazardous constituents)
from the unit, the owner or operator must:
(1)
Immediately suspend receipt of prohibited waste at the unit, and
(2) Notify the Administrator, in writing,
within 10 days of the determination that a release has occurred.
(3) Following receipt of the notification the
Administrator will determine, within 60 days of receiving notification, whether
the owner or operator can continue to receive prohibited waste in the unit and
whether the variance is to be revoked. The Administrator shall also determine
whether further examination of any migration is warranted under applicable
provisions of Part 264 or Part 265.
(g) Each petition must include the following
statement signed by the petitioner or an authorized representative:
I certify under penalty of law that I have personally
examined and am familiar with the information submitted in this petition and
all attached documents, and that, based on my inquiry of those individuals
immediately responsible for obtaining the information, I believe that submitted
information is true, accurate, and complete. I am aware that there are
significant penalties for submitting false information, including the
possibility of fine and imprisonment.
(h) After receiving a petition, the
Administrator may request any additional information that reasonably may be
required to evaluate the demonstration.
(i) If approved, the petition will apply to
land disposal of the specific restricted waste at the individual disposal unit
described in the demonstration and will not apply to any other restricted waste
at that disposal unit, or to that specific restricted waste at any other
disposal unit.
(j) The
Administrator will give public notice in the Federal
Register of the intent to approve or deny a petition and provide
an opportunity for public comment. The final decision on a petition will be
published in the Federal Register.
(k) The term of a petition granted under this
section shall be no longer than the term of the RCRA permit if the disposal
unit is operating under a RCRA permit, or up to a maximum of 10 years from the
date of approval provided under paragraph (g) of this section if the unit is
operating under interim status. In either case, the term of the granted
petition shall expire upon the termination or denial of a RCRA permit, or upon
the termination of interim status or when the volume limit of waste to be land
disposed during the term of petition is reached.
(l) Prior to the Administrator's decision,
the applicant is required to comply with all restrictions on land disposal
under this part once the effective date for the waste has been
reached.
(m) The petition granted
by the Administrator does not relieve the petitioner of the petitioner's
responsibilities in the management of hazardous waste under
6 CCR
1007-3, parts 260 through 268 and 100.
(n) Liquid hazardous wastes containing
polychlorinated biphenyls at concentrations greater than or equal to 500 ppm
are not eligible for an exemption under this section.
