Current through Register Vol. 49, No. 13, September 23, 2024
Subpart 1.
Applicability.
Except as specified in subparts
2 and
3, the terms and standards
identified in subparts
1a to
1h apply whenever federal
regulations are incorporated by reference in this chapter whether or not this
part is specifically referenced. Terms used in incorporated Code of Federal
Regulations, title 40, and defined in part
7045.0020 or in Minnesota Statutes
have the meaning given in part
7045.0020 or in Minnesota
Statutes.
Subp. 1a.
Specific terms.
The following terms and phrases have the meaning
given.
A. "EPA" and "agency" mean the
Pollution Control Agency.
B.
"Regional administrator," "administrator," and "director" mean the commissioner
of the Pollution Control Agency.
C.
"State," "authorized state," "approved state," or "approved program" means
Minnesota.
D. "Generator,"
"hazardous waste," and "waste" have the meanings given in part
7045.0020.
Subp. 1b.
Hazardous waste management
system general standards; Code of Federal Regulations, title 40, part
260.
References to the petition processes established in Code of
Federal Regulations, title 40, part 260, subpart C, or Code of Federal
Regulations, title 40, sections 260.20 to 260.41, mean the petition processes
established in part
7045.0075.
Subp. 1c.
Identification and listing
standards; Code of Federal Regulations, title 40, part 261.
A. References to any section in Code of
Federal Regulations, title 40, part 261, subparts A to C, or to Code of Federal
Regulations, title 40, sections 261.1 to 261.24, mean parts
7045.0102 to
7045.0131 or part
7045.0214, subpart
3.
B. References to Code of Federal Regulations,
title 40, section 261.4, mean the exclusions listed in part
7045.0120.
C. References to Code of Federal Regulations,
title 40, section 261.6, mean the use, reuse, recycling, and reclamation
requirements of part
7045.0125.
D. References to any section in Code of
Federal Regulations, title 40, part 261, subpart D, or to Code of Federal
Regulations, title 40, sections 261.30 to 261.38, mean parts
7045.0135 to
7045.0145.
Subp. 1d.
Standards applicable to
generators of hazardous waste, Code of Federal Regulations, title 40, part
262.
References to Code of Federal Regulations, title 40, part
262, or to any section in Code of Federal Regulations, title 40, sections
262.10 to 262.70, mean parts
7045.0205 to
7045.0325.
Subp. 1e.
Standards applicable to
transporters of hazardous waste, Code of Federal Regulations, title 40, part
263.
References to any section in Code of Federal Regulations,
title 40, sections 263.10 to 263.31, mean parts
7045.0351 to
7045.0397.
Subp. 1f.
Permitted and interim status
standards for owners and operators of hazardous waste treatment, storage, and
disposal facilities; Code of Federal Regulations, title 40, parts 264 and
265.
A. References to Code of Federal
Regulations, title 40, part 264, subpart F, Code of Federal Regulations, title
40, sections 264.90 to 264.101, Code of Federal Regulations, title 40, part
265, subpart F, or Code of Federal Regulations, title 40, sections 265.90 to
265.94, mean the requirements of parts
7045.0484,
7045.0485,
7045.0590, and
7045.0592 relating to groundwater
protection, monitoring, and corrective action for releases.
B. References to Code of Federal Regulations,
title 40, part 264, subpart H, Code of Federal Regulations, title 40, sections
264.140 to 264.151, Code of Federal Regulations, title 40, part 265, subpart H,
or Code of Federal Regulations, title 40, sections 265.140 to 265.150, mean the
financial assurance requirements of parts
7045.0498 to
7045.0524 and
7045.0608 to
7045.0624.
C. References to Code of Federal Regulations,
title 40, part 264, subpart O, Code of Federal Regulations, title 40, sections
264.340 to 264.351, Code of Federal Regulations, title 40, part 265, subpart O,
or Code of Federal Regulations, title 40, sections 265.340 to 265.352, mean the
thermal treatment standards of parts
7045.0542 and
7045.0640.
D. References to Code of Federal Regulations,
title 40, part 264, subpart N, Code of Federal Regulations, title 40, sections
264.300 to 264.317, Code of Federal Regulations, title 40, part 265, subpart N,
or Code of Federal Regulations, title 40, sections 265.300 to 265.316, mean the
landfill standards of parts
7045.0538 and
7045.0638.
Subp. 1g.
Permit requirements; Code of
Federal Regulations, title 40, part 270.
References to Code of Federal Regulations, title 40, part
270, subparts A to H, Code of Federal Regulations, title 40, sections 270.1 to
270.230, or any other reference to a hazardous waste facility permit mean the
hazardous waste facility permit requirements in parts
7001.0500 to
7001.0730.
Subp. 1h.
Other standards.
A. References to Code of Federal Regulations,
title 40, part 273, mean part
7045.1400 (universal
waste).
B. References to Code of
Federal Regulations, title 40, part 279, mean parts
7045.0692 to
7045.0990 (used oil).
C. References to underground injection of
waste in any Code of Federal Regulations incorporated in this chapter are
subject to Minnesota Statutes and rules prohibiting the discharge of waste or
pollutants to the saturated or unsaturated zones.
D. References to Code of Federal Regulations,
title 40, part 266, subpart C, mean part
7045.0665 (uses constituting
disposal).
E. References to Code of
Federal Regulations, title 40, part 266, subpart F, mean part
7045.0675 (precious metal
recovery).
F. References to Code of
Federal Regulations, title 40, part 266, subpart G, mean part
7045.0685 (spent lead-acid
batteries being reclaimed).
Subp.
2.
Exceptions to general terms.
In the following cases, the terms identified in subpart
1a do not apply and the
terms continue to have the meaning in accordance with applicable EPA
regulations.
A. "EPA identification
numbers," "EPA hazardous waste numbers," "EPA test methods," "EPA
publications," "EPA form(s)," "EPA guidance," or "EPA acknowledgment of
consent."
B. "EPA,"
"administrator," or a synonymous term in any section of EPA regulations for
which the Resource Conservation and Recovery Act, as amended, does not allow
the EPA to delegate its authority to the states.
Subp. 3.
Exceptions to adoption of
standards; Code of Federal Regulations, title 40.
In the following cases, the standards identified in subparts
1b to
1e do not apply and the
standards continue to have the meaning in accordance with applicable EPA
regulations.
A. Code of Federal
Regulations, title 40, part 262, subparts E and H, regarding exports and
transfrontier shipments of hazardous waste;
B. Code of Federal Regulations, title 40,
sections 268.5, 268.6, 268.42(b), and 268.44, regarding land disposal
restrictions;
C. Code of Federal
Regulations, title 40, section 279.82(b) regarding state petitions to allow use
of used oil as a dust suppressant; and
D. Code of Federal Regulations, title 40,
Appendix to part 262, regarding the hazardous waste manifest.
Subp. 4.
Applicable
law.
When federal regulations incorporated into this chapter cite
additional federal regulations and when this chapter does not address whether
the cited federal regulations or corresponding state rules apply, state rules
shall apply.
Statutory Authority: MS s
116.07
