Current through Register Vol. 48, No. 39, March 25, 2024
Subpart 1.
Qualifying for interim status.
Except as provided in subpart
2, during the period after
the submission of Part A of a hazardous waste facility permit application to
the Environmental Protection Agency or to the commissioner and before a final
determination by the agency on the permit application, the owner or operator of
an existing hazardous waste facility or a facility in existence on the
effective date of statutory or regulatory amendments under the Resource
Conservation and Recovery Act that render the facility subject to the
requirement to have a hazardous waste facility permit shall be considered to be
in compliance with the requirement to obtain a permit if the commissioner finds
that the Environmental Protection Agency has granted the owner or operator
interim status or if the commissioner finds:
A. that the owner or operator has submitted a
timely and complete Part A of the hazardous waste facility permit application
to the Environmental Protection Agency or to the commissioner;
B. that the owner or operator is in
compliance with parts
7045.0552 to
7045.0649;
C. that the agency or the EPA has not
previously refused to issue a new or modified hazardous waste facility permit
for the facility; and
D. that the
agency or the EPA has not previously revoked without reissuance a hazardous
waste facility permit for the facility.
Subp. 2.
Failure to obtain interim
status from EPA.
Notwithstanding the provisions of subpart
1, an owner or operator of a
hazardous waste facility who, before April 23, 1984, was required to apply for
and obtain interim status from the Environmental Protection Agency but who
failed to obtain this interim status is not eligible to obtain interim status
from the agency for that facility.
Subp.
3.
Notification of failure to qualify for interim
status.
If the commissioner determines that an owner or operator of
an existing hazardous waste facility does not qualify for interim status under
subpart
1, the commissioner shall
notify the owner or operator in writing of the failure to qualify for interim
status and the reason for the failure. The notification must also include a
statement that the owner or operator is subject to agency remedies for
violation of agency rules, including the requirement of part
7001.0520 to obtain a permit. The
owner or operator has 30 days from receipt to respond to the notification and
to explain or cure the alleged deficiency in the Part A application. If after
such notification and opportunity for response, the commissioner determines
that the application is deficient, appropriate enforcement action may be
taken.
Subp. 4.
Prohibitions.
During the interim status period, an owner or operator shall
not:
A. treat, store, or dispose of a
hazardous waste not specified in Part A of the application;
B. employ processes not specified in Part A
of the permit application;
C.
exceed the design capacities specified in Part A of the application;
or
D. alter a hazardous waste
facility in a manner that amounts to a reconstruction of the facility. For the
purpose of this part, reconstruction occurs when the capital investment in the
modification of the facility exceeds 50 percent of the capital cost of a
comparable new hazardous waste facility. Reconstruction does not include
changes made solely for the purpose of complying with the requirements of part
7045.0628, subpart
4, for tanks and ancillary
equipment, or to treat or store in containers, tanks, or containment buildings
hazardous wastes subject to the land disposal restrictions under part
7045.1390 or RCRA section 3004, if
the changes are made solely to comply with part
7045.1390 or RCRA section
3004.
Subp. 5.
Changes during interim status.
Except as provided in item F, an owner or operator who has
interim status may conduct the activities prescribed in items A to F.
A. The owner or operator may treat, store, or
dispose of hazardous wastes not previously specified in Part A of the
application if the owner or operator submits a revised Part A of the permit
application before commencement of the treatment, storage, or
disposal.
B. The owner or operator
may increase the design capacity of the facility if, before implementation of
the increase, the owner or operator submits a revised Part A of the permit
application and an explanation of the need for the change, and if the
commissioner approves the increase in writing. The commissioner shall approve
the change if the commissioner finds that:
(1) there is a lack of available treatment,
storage, or disposal capacity at other permitted hazardous waste facilities;
or
(2) the change is necessary to
comply with a federal, state, or local requirement.
C. The owner or operator may add new
processes or change the processes for the treatment, storage, or disposal of
hazardous waste if, before implementation of the addition or change, the owner
or operator submits a revised Part A of the permit application and an
explanation of the need for the addition, and if the commissioner approves the
addition or change in writing. The commissioner shall approve the addition or
change if the commissioner finds that:
(1)
the addition or change is necessary to prevent a threat to human health or the
environment as a result of an emergency situation; or
(2) the addition or change is necessary for
the owner or operator to comply with federal, Minnesota, or local requirements,
including the interim status standards in parts
7045.0552 to
7045.0649.
D. Changes in the ownership or operational
control of a facility may be made if the new owner or operator submits a
revised Part A of the permit application not later than 90 days before the
scheduled change. When a transfer of ownership or operational control of a
facility occurs, the former owner or operator shall comply with the
requirements of parts
7045.0608 to
7045.0624 that relate to financial
requirements, until the new owner or operator has provided to the commissioner
a demonstration of compliance with parts
7045.0608 to
7045.0624. The new owner or
operator must demonstrate compliance within six months. All other interim
status duties must be transferred immediately upon the change of ownership or
operational control of the facility. If the commissioner finds that the new
owner or operator has complied with parts
7045.0608 to
7045.0624, the commissioner shall
notify the former owner or operator in writing that the required demonstration
by the new owner or operator has been made and the former owner or operator no
longer needs to comply with parts
7045.0608 to
7045.0624 as of the date of the
demonstration.
E. Changes may be
made according to an interim status corrective action order issued by EPA under
United States Code, title 42, section 3008(h), as amended, or other federal
authority, by the agency, or by a court in a judicial action brought by EPA or
the agency. Changes under this item are limited to the treatment, storage, or
disposal of solid waste from releases that originate within the boundary of the
facility.
F. Except as specifically
allowed under this item, changes listed under items A to E 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 reconstruction:
(1) changes made only for complying with
parts
7045.0528, subpart
4, and 7045.0628, subpart
4, 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 RCRA section
3004(o);
(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 before 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 according to
an approved closure plan;
(5)
changes necessary to comply with an interim status corrective action order
issued by EPA under RCRA section 3008(h) or other federal authority, by an
authorized state under comparable state authority, or by a court in a judicial
proceeding brought by EPA or an authorized state, provided that the 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,
containers, or containment buildings, hazardous wastes subject to land disposal
restrictions imposed by part
7045.1390 or RCRA section 3004,
provided that such changes are made solely for the purpose of complying with
part
7045.1390 or RCRA section 3004;
and
(7) changes necessary to comply
with standards under part
7011.7410, National Emission
Standards for Hazardous Air Pollutants from Hazardous Waste
Combustors.
Subp.
6.
Compliance with interim status standards.
During the interim status period the owner or operator shall
comply with the interim status standards in parts
7045.0552 to
7045.0649.
Subp. 7.
Termination of interim
status.
Interim status terminates automatically when the agency has
taken final administrative action on the permit application or when terminated
by Code of Federal Regulations, title 40, section 270.73(c) to (g), as amended.
The following constitute justification for the commissioner to commence
proceedings to terminate interim status:
A. the commissioner finds that the applicant
has failed to furnish a full and complete Part B of the permit application
within the time allowed by part
7001.0530, subpart
2, item A; or
B. the commissioner finds that the owner or
operator is in violation of any of the requirements of parts
7045.0552 to
7045.0649.