Current through Register Vol. 48, No. 39, March 25, 2024
Subpart 1.
Scope.
In addition to the provisions of parts
7001.0170,
7001.0180, and
7001.0190, the provisions of
subparts
2 to
5 are applicable to the
modification, revocation, and reissuance of hazardous waste facility
permits.
Subp. 2.
Additional justification for modification of permits or revocation and
reissuance of permits.
In addition to the justifications listed in part
7001.0170, the following
constitute justification for the commissioner to commence proceedings to modify
a permit or to revoke and reissue a permit:
A. the commissioner discovers that
modification of a closure plan or post closure plan is required by part
7045.0486, subpart
4, or part
7045.0490, subpart
3;
B. the permittee files a request for
extension of the 90- or 180-day periods set forth in part
7045.0488;
C. the commissioner receives notification of
expected closure under part
7045.0486;
D. the commissioner finds that modification
of the 30 year post closure period is necessary as provided in part
7045.0492, subpart
1;
E. the commissioner finds that continuation
of security requirements is necessary as provided by part
7045.0492, subpart
2;
F. the commissioner finds that the permittee
has made the demonstration required by part
7045.0492, subpart
3, such that a disturbance of
the integrity of the containment system should be authorized;
G. the permittee files a request under part
7045.0518, subpart
3, for a variance from the
required level of financial responsibility;
H. the commissioner demonstrates under part
7045.0518, subpart
4, that an upward adjustment
of the level of financial responsibility is required;
I. the commissioner finds that the corrective
action program specified in the permit under part
7045.0484, subpart 14, has not
brought the regulated unit into compliance with the groundwater protection
standard within a reasonable period of time;
J. to include a detection monitoring program
that meets the requirements of part
7045.0484, subpart 12, when the
owner or operator has been conducting a compliance monitoring program under
part
7045.0484, subpart 13, or a
corrective action program under part
7045.0484, subpart 14, and the
compliance period ends before the end of the post closure care period for the
unit;
K. a permit requires a
compliance monitoring program under part
7045.0484, subpart 13, but
monitoring data collected prior to permit issuance indicate that the facility
is exceeding the groundwater protection standard;
L. to include conditions applicable to units
at a facility that were not previously included in the facility's
permit;
M. a land treatment unit is
not achieving complete treatment of hazardous constituents under its current
permit conditions; or
N. to change
the operating requirements set in the permit to reflect the results of the
trial burn.
Subp. 3.
Additional justification to commence revocation without reissuance of
permit.
In addition to the justifications listed in part
7001.0180, a failure to submit an
annual facility operator's fee within 180 days of the due date, as specified in
the agency's hazardous waste fee rules in chapter 7046, constitutes
justification for the commissioner to commence proceedings to revoke a permit
without reissuance.
Subp.
4.
Minor modifications of permits.
In addition to the corrections or allowances listed in part
7001.0190, subparts
2 and
3, if the permittee consents,
the commissioner may modify a permit to make the corrections or allowances
listed below without following the procedures in parts
7001.0100 to
7001.0130:
A. to change the list of facility emergency
coordinators in the permit's contingency plan;
B. to change the list of equipment in the
permit's contingency plan;
C. to
change estimates of maximum inventory under part
7045.0486, subpart
3, item B;
D. to change the expected year of closure
under part
7045.0486, subpart
3, item F;
E. to change schedules for final closure
under part
7045.0486, subpart
3, item E;
F. to change the ranges of the operating
requirements set in the permit to reflect the results of the trial burn
provided that the change is minor;
G. to change the operating requirements set
in the permit for conducting a trial burn provided that the change is
minor;
H. to grant one extension of
the time period for determining operational readiness of a thermal treatment
unit following completion of construction, for up to 720 hours operating time
for treatment of hazardous wastes;
I. to change the treatment program
requirements for land treatment units under part
7045.0536, subpart
2, to improve treatment of
hazardous constituents, provided that the change is minor;
J. to change any conditions specified in the
permit for land treatment units to reflect the results of field tests or
laboratory analyses used in making a treatment demonstration in accordance with
part
7001.0710 provided that the change
is minor;
K. to allow a second
treatment demonstration for land treatment to be conducted when the results of
the first demonstration have not shown the conditions under which the waste or
wastes can be treated completely as required by part
7045.0536, subparts
3 and
5, item C, provided the
conditions for the second demonstration are substantially the same as the
conditions for the first demonstration;
L. to allow treatment of hazardous wastes not
previously specified in the permit if the following conditions are met:
(1) the hazardous waste has been prohibited
from one or more methods of land disposal under Code of Federal Regulations,
title 40, sections 268.30 to 268.39, as incorporated in part
7045.1390, or RCRA section
3004;
(2) treatment is in
accordance with Code of Federal Regulations, title 40, section 268.4, as
incorporated in part
7045.1390, if applicable, and
section 268.3, as incorporated in part
7045.1390, and applicable
standards established under Code of Federal Regulations, title 40, sections
268.41 to 268.49, and 268.5, as incorporated in part
7045.1390, or, where no treatment
standards have been established, treatment renders the waste no longer subject
to the applicable prohibitions of Code of Federal Regulations, title 40,
section 268.32, as incorporated in part
7045.1390, or RCRA section
3004;
(3) handling or treatment of
the restricted waste will not present risks substantially different from those
of wastes listed in the permit; and
(4) federal or state approval of a minor
permit modification request is granted. No permit changes can occur except for
the addition of new waste codes and administrative or technical changes
necessary to handle new wastes. Changes in treatment processes or physical
equipment may not be made under this item; and
M. to allow permitted facilities to change
their operations to treat or store hazardous wastes subject to land disposal
restrictions imposed by part
7045.1390 or RCRA section 3004,
provided the treatment or storage occurs in containers or tanks and the
permittee:
(1) requests a major permit
modification under subparts
1
to
3;
(2) demonstrates in the request for a major
permit modification that the treatment or storage is necessary to comply with
the land disposal restrictions of part
7045.1390 or RCRA section 3004;
and
(3) ensures that the treatment
or storage units comply with the applicable standards of parts
7045.0552 to
7045.0649 and
7045.1390 pending final
administrative disposition of the major modification request. The authorization
to make the changes conferred in this item terminates upon final administrative
disposition of the permittee's major modification request under subparts
1
to
3 or termination of the
permit under part
7001.0180.
Subp. 5.
Consideration of
facility siting.
In making its final determination on a permit modification or
permit revocation and reissuance, the agency shall not consider the suitability
of the facility location unless new information indicates that a threat to
human health or the environment exists which was unknown at the time the permit
was issued.
Subp. 6.
Combustion facility changes.
Combustion facility owners or operators must comply with the
notification of intent requirements of part
7011.7410 before requesting a
permit modification in order to make technology changes needed to meet
standards in part
7011.7410.
Statutory Authority: MS s
116.07