Current through Register Vol. 48, No. 39, March 25, 2024
Subpart 1.
Permit required.
Except as provided in subpart
2, no person may do any of
the following without obtaining a hazardous waste facility permit from the
agency:
A. treat, store, or dispose of
hazardous waste;
B. establish,
construct, operate, close, or provide postclosure care at a hazardous waste
facility;
C. make an expansion, a
production increase, or a process modification that results in new or increased
capabilities of a permitted hazardous waste facility; or
D. operate a permitted hazardous waste
facility or part of a facility that has been changed, added to, or extended, or
that has new or increased capabilities.
Owners or operators of surface impoundments, landfills, land
treatment units, and waste piles that received wastes after July 26, 1982, or
that certified closure according to part
7045.0596, subpart
4, after January 26, 1983,
must have a hazardous waste facility permit from the agency, unless they
demonstrate closure by removal as provided in subparts
5 and
6. If a permit is required,
the permit must address the applicable groundwater monitoring, unsaturated zone
monitoring, corrective action, and postclosure care requirements in chapter
7045.
Subp. 2.
Exclusions.
A person who conducts any of the following activities is not
required to obtain a hazardous waste facility permit for that activity:
A. The accumulation by generators of
hazardous waste on site within the time limits specified in part
7045.0292.
B. The disposal by farmers of hazardous waste
that has been generated by their own use of pesticides as provided in part
7045.0213, subpart
2.
C. The ownership or operation of a totally
enclosed treatment facility as defined in part
7045.0020.
D. The storage by transporters of manifested
shipments of hazardous waste in containers that meet the requirements of part
7045.0270, subpart
4, at a transfer facility for
a period of ten days or fewer as provided in part
7045.0365.
E. An activity conducted to immediately
contain or treat a spill or an imminent and substantial threat of a spill of
hazardous waste or a material that, when spilled, becomes a hazardous waste.
This exclusion does not apply to a person who treats, stores, or disposes of
the spilled material or spill residue or debris after the immediate response
activities have been completed.
F.
The addition of absorbent material to hazardous waste in a container, or the
addition of hazardous waste to absorbent material in a container, if the
addition occurs at the time waste is first placed in the container, and if the
addition is accomplished in accordance with parts
7045.0456, subpart
2, and 7045.0526, subparts
2 and
3.
G. To the extent provided by part
7045.0125, the ownership or
operation of a facility that recycles hazardous waste.
H. The management of hazardous waste as
provided in part
7045.0120, subpart
1, item L; 7045.0127, subpart
1; 7045.0135, subpart
5, items C and E; or
7045.0218.
I. To the extent
provided by part
7045.0675, the ownership or
operation of a facility that stores or reclaims hazardous waste for recovery of
economically significant amounts of precious metals.
J. To the extent provided in part
7045.0685, the ownership or
operation of a facility that stores or reclaims spent lead-acid
batteries.
K. Household hazardous
waste collection programs meeting the requirements of part
7045.0310.
L. Household battery collection programs
meeting the requirements of part
7045.0686.
M. Very small quantity generator hazardous
waste collection programs meeting the requirements of part
7045.0320.
N. Universal waste handlers and universal
waste transporters, as defined in part
7045.0020, managing universal
wastes under part
7045.1400.
Subp. 3.
Permits by rule.
The owner or operator of the following facilities shall be
deemed to have obtained a hazardous waste facility permit without making
application for it unless the commissioner finds that the following conditions
are not met:
A. Barges or vessels
operating in Minnesota that are intended to be operated elsewhere as ocean
disposal facilities, if the owner or operator:
(1) has obtained a permit for ocean disposal
under Code of Federal Regulations, title 40, part 220;
(2) complies with the conditions of the
permit for ocean disposal; and
(3)
complies with parts
7045.0452, subpart
2; 7045.0474; 7045.0476;
7045.0478, subparts
1,
2, and
3, items A to C; and
7045.0482, subparts
1,
2, and
3.
B. Publicly owned treatment works that accept
hazardous waste for treatment, if the owner or operator:
(1) has obtained a national pollutant
discharge elimination system permit, a state disposal system permit, or both,
from the agency;
(2) complies with
the conditions of the national pollutant discharge elimination system permit or
the state disposal system permit;
(3) complies with parts
7045.0452, subpart
2; 7045.0474; 7045.0476;
7045.0478, subparts
1,
2, and
3, items A to C; and
7045.0482, subparts
1,
2, and
3; and for national pollutant
discharge elimination system permits issued after November 8, 1984, part
7045.0485; and
(4) accepts a waste that meets all applicable
federal, Minnesota, and local pretreatment requirements for that waste if it
were to be discharged into the publicly owned treatment works through a sewer,
pipe, or other conveyance.
C. Elementary neutralization, pretreatment,
or wastewater treatment units, provided that:
(1) the unit does not receive hazardous waste
from generators other than the owner or operator of the unit;
(2) the owner or operator complies with the
requirements of parts
7045.0652 and
7045.0655; and
(3) the owner or operator's eligibility to be
permitted under this rule has not been terminated under subpart
4.
D. That portion of a combustion waste
facility that is used to manage hazardous wastes produced in conjunction with
the combustion of fossil fuels, if:
(1) the
wastes are generated on-site;
(2)
the wastes traditionally have been and actually are mixed with and codisposed
or cotreated with fly ash, bottom ash, boiler slag, or flue gas emission
control wastes resulting from coal combustion;
(3) the wastes are necessarily associated
with the production of energy, such as boiler cleaning solutions, boiler
blowdown, demineralizer regenerant, pyrites, and cooling tower
blowdown;
(4) the owner or operator
complies with the requirements of parts
7045.0652 and
7045.0655; and
(5) the owner or operator's eligibility to be
permitted under this part has not been terminated under subpart
4.
E. Containers or tanks where generators mix
characteristic hazardous waste as identified in part
7045.0131, subpart
2, with used oil if:
(1) the generators who produce at least 1,000
kilograms per calendar month of hazardous waste meet the requirements of part
7045.0292, subpart
1; or
(2) the generators who produce less than
1,000 kilograms per calendar month of hazardous waste meet the requirements of
part
7045.0292, subpart
5 or
6, as applicable.
Subp. 4.
Termination of eligibility for permit by rule.
The eligibility of an owner or operator of an elementary
neutralization unit, a pretreatment unit, a wastewater treatment unit, or a
combustion waste facility to be permitted under this part is subject to
termination by the agency after notice and opportunity for a contested case
hearing or a public informational meeting if the agency makes any of the
findings set forth in items A to D. An owner or operator whose eligibility to
be permitted under this part has been terminated shall apply for and obtain an
individual permit under these parts. The following findings constitute
justification for the commissioner to commence proceedings to terminate
eligibility:
A. that any applicable
conditions set forth in subpart
3, item C or D are not
met;
B. that the owner or operator
has violated a requirement of parts
7045.0652 and
7045.0655;
C. that the owner or operator is conducting
other activities that are required to be covered by a hazardous waste facility
permit; or
D. that under the
circumstances, in order to protect human health or the environment, the
permitted facility should be subject to the requirements of parts
7045.0450 to
7045.0551.
Subp. 5.
Closure by removal.
Owners or operators of surface impoundments, land treatment
units, and waste piles closing by removal or decontamination under parts
7045.0552 to
7045.0649 must obtain a
postclosure permit unless they can demonstrate to the agency that the closure
met the requirements for closure by removal or decontamination in part
7045.0532, subpart
7; 7045.0534, subpart
7; or 7045.0536, subpart 8.
The demonstration may be made in the following ways:
A. If the owner or operator has submitted a
Part B application for a postclosure permit, the owner or operator may request
a determination, based on information contained in the application, that the
applicable closure by removal requirements in part
7045.0532, subpart
7; 7045.0534, subpart
7; or 7045.0536, subpart 8,
were met. If the agency determines that the applicable closure by removal
requirements were met, the agency will notify the public of this proposed
determination, allow for public comment, and reach a final determination as
described in subpart
6.
B. If the owner or operator has not submitted
a Part B application for a postclosure permit, the owner or operator may
petition the agency for a determination that a postclosure permit is not
required because closure met the closure by removal requirements in part
7045.0532, subpart
7; 7045.0534, subpart
7; or 7045.0536, subpart 8.
The petition must include data demonstrating that the closure by removal or
decontamination requirements in part
7045.0532, subpart
7; 7045.0534, subpart
7; or 7045.0536, subpart 8,
were met. The agency shall approve or deny the petition as described in subpart
6.
Subp. 6.
Procedures for closure
equivalency determination.
If a facility owner or operator seeks an equivalency
demonstration under subpart
5, the agency will proceed as
follows:
A. The agency will provide
the public, through a notice published in a newspaper of general circulation,
the opportunity to submit written comments on the information submitted by the
owner or operator. The public comment period will be for 30 days from the date
of the notice.
B. The agency will
hold a public informational meeting if the agency believes that a meeting will
clarify the equivalence of the closure to the applicable closure by removal
requirements in part
7045.0532, subpart
7; 7045.0536, subpart 8; or
7045.0534, subpart
7. The agency will give
public notice of the meeting at least 30 days before the meeting. Public notice
of the meeting may be given at the same time as the notice for comment
described in item A, and the two notices may be combined.
C. The agency shall determine whether the
closure met the applicable closure by removal or decontamination requirements
in part
7045.0532, subpart
7; 7045.0534, subpart
7; or 7045.0536, subpart 8,
within 90 days of receipt of the equivalency determination request. If the
agency determines that the closure did not meet the applicable closure
standards, the agency will provide the owner or operator with a written
statement of the reasons why the closure failed to meet the applicable
requirements. The owner or operator may submit additional information in
support of an equivalency demonstration within 30 days after receiving the
agency's written statement. The agency will review any additional information
submitted and make a final determination within 60 days.
If the agency determines that the facility did not close in
accordance with the applicable closure by removal standards in part
7045.0532, subpart
7; 7045.0534, subpart
7; or 7045.0536, subpart 8,
the facility is subject to postclosure permitting requirements.
Subp. 7.
Permit
denial.
The commissioner may deny the permit application, whether or
not the application is complete, either in its entirety or as to the active
life of a hazardous waste management facility or unit only. The denial does not
affect the requirement to obtain a postclosure permit under this part.
Statutory Authority: MS s
115.03;
116.07;
116.37