Current through Register Vol. 49, No. 13, September 23, 2024
Subpart 1.
General requirements.
Parts
7045.0552 to
7045.0649 establish minimum
standards for the management of hazardous waste during the period of interim
status and until certification of final closure or, if the facility is subject
to postclosure requirements, until postclosure responsibilities are fulfilled.
Except as provided in Code of Federal Regulations, title 40, section
265.1080(b), as incorporated in part
7045.0645, the standards in parts
7045.0552 to
7045.0649, and the standards for
the corrective action management units in part
7045.0545, temporary units in part
7045.0546, and staging piles in
part
7045.0547, apply to:
(1) owners and operators of facilities that
treat, store, or dispose of hazardous waste who have fully complied with the
requirements for interim status under chapter 7001 and section 3005(e) of the
federal Resource Conservation and Recovery Act (RCRA) until either a permit is
issued under chapter 7001 and section 3005 of RCRA or until applicable interim
status closure and postclosure responsibilities are fulfilled and
(2) those owners and operators of facilities
in existence on November 19, 1980, who have failed to provide timely
notification as required by section 3010(a) of RCRA or failed to file Part A of
the permit application in chapter 7001. These standards, and those in parts
7045.0545 to
7045.0547, apply to owners and
operators of existing facilities who have fully complied with the requirements
for state or federal interim status until a permit is issued or until
applicable interim status closure and postclosure responsibilities are
fulfilled, and those who have failed to achieve state or federal interim
status.
Parts
7045.0552 to
7045.0649 apply to the owners and
operators of all facilities that treat, store, or dispose of hazardous waste
referred to in part
7045.1390, land disposal
restrictions, and those restrictions are considered material conditions or
requirements of parts
7045.0552 to
7045.0649, interim status
standards.
Subp.
1a.
Applicability for owners and operators of facilities not
regulated as hazardous waste facilities by federal regulation.
Owners and operators of hazardous waste facilities that are
not federally regulated as hazardous waste facilities that are, for example,
regulated as facilities by state rule only, are subject to the applicable
requirements of parts
7045.0552 to
7045.0649 on the effective date of
any rules that make the facility subject to regulation. The facility shall
submit a Part B application for a hazardous waste facility permit to the
commissioner within one year of the effective date of any rules that first make
the facility subject to the requirement to obtain a hazardous waste facility
permit.
Subp. 2.
Existing hazardous waste facilities.
For facilities subject to the provisions of Code of Federal
Regulations, title 40, part 265, as amended, an "existing hazardous waste
facility" or "existing facility" means a facility which was in operation or for
which construction commenced on or before November 19, 1980. For all other
facilities, an "existing hazardous waste facility" or "existing facility" means
a facility which was in operation on or before July 16, 1984, or for which
construction commenced on or before July 16, 1984. A facility has commenced
construction if the owner or operator has obtained the federal, state, and
local approvals or permits necessary to begin physical construction and
either:
A. a continuous on-site,
physical construction program has begun; or
B. the owner or operator has entered into
contractual obligations, which cannot be canceled or modified without
substantial loss, for physical construction of the facility to be completed
within a reasonable time.
Subp.
3.
Exemptions.
The requirements of parts
7045.0552 to
7045.0649 do not apply to the
following specific waste management units, facilities, or activities, although
all other waste management activities of the owner or operator may be
regulated:
A. the treatment, storage,
or disposal of hazardous waste by the owner or operator of a publicly owned
treatment works. The owner or operator of a publicly owned treatment works is
subject to the requirements of parts
7045.0450 to
7045.0551 to the extent they are
included in a permit-by-rule granted to such a person, under the agency
permitting procedures;
B. a
facility managing recyclable hazardous wastes subject to regulation under part
7045.0125,
7045.0665,
7045.0675, or
7045.0685; however, this exemption
does not apply where part
7045.0125,
7045.0665,
7045.0675, or
7045.0685 makes the requirements
of parts
7045.0552 to
7045.0649 applicable by
cross-reference;
C. the
accumulation of waste on-site in compliance with part
7045.0292, except to the extent
the requirements are included in part
7045.0292;
D. the disposal of waste pesticides from a
farmer's own use in compliance with part
7045.0213, subpart
2;
E. a totally enclosed treatment
facility;
F. an elementary
neutralization unit, a pretreatment unit, or a wastewater treatment unit, if
the unit does not receive hazardous waste from generators other than the owner
or operator of the unit, provided that if the owner or operator is diluting
hazardous ignitable (D001) wastes (other than the D001 high TOC subcategory
defined in Code of Federal Regulations, title 40, section 268.40, Table of
Treatment Standards for Hazardous Wastes, as incorporated in part
7045.1390), or reactive (D003)
waste, to remove the characteristic before land disposal, the owner or operator
must comply with part
7045.0562, subpart
2;
G. that portion of a combustion waste
facility which is used to manage hazardous wastes produced in conjunction with
the combustion of fossil fuels if the wastes:
(1) are generated on-site;
(2) 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 from coal combustion; and
(3) are necessarily associated with the
production of energy, such as boiler cleaning solutions, boiler blowdown,
demineralizer regenerant, pyrites, and cooling tower blowdown;
H. the storage of manifested
shipments of hazardous waste in containers meeting the requirements of part
7045.0270, subpart
4 at a transfer facility for
a period of ten days or less in compliance with part
7045.0365;
I. the addition of absorbent material to
hazardous waste in a container or the addition of hazardous waste to absorbent
material in a container if these actions occur at the time hazardous waste is
first placed in the container, and part
7045.0562, subpart
2, and 7045.0626, subparts
2 and
3, are complied
with;
J.
(1) except as provided in subitem (2),
treatment or containment activities during immediate response to any of the
following situations: a discharge of a hazardous waste, an imminent and
substantial threat of a discharge of a hazardous waste, or a discharge of a
material which, when discharged, becomes a hazardous waste;
(2) a facility otherwise regulated by parts
7045.0552 to
7045.0649 shall comply with all
applicable requirements of parts
7045.0395,
7045.0397,
7045.0558, and
7045.0566 to
7045.0576; or
(3) a person who is covered by subitem (1)
and who continues or initiates hazardous waste treatment or containment
activities after the immediate response is over is subject to all applicable
requirements of parts
7045.0552 to
7045.0649 and the agency's
permitting procedures for those activities;
K. treatment of hazardous waste by the
generator in the generator's accumulation tanks or containers in accordance
with part
7045.0292. If the treatment
involves evaporation of aqueous waste or polymerization of polyester or other
chemical fixation treatment processes in open containers, the generator is
exempt from parts
7045.0552 to
7045.0649, but before beginning
the treatment process must submit to the commissioner the information required
under part
7045.0539, subpart
2, items A to C, that is
relevant to the treatment activity and must be notified by the commissioner
that the treatment activity is approved. The commissioner shall approve the
treatment activity if the commissioner finds that the treatment activity will
not endanger human health and the environment; or
L. universal waste handlers and universal
waste transporters when managing universal waste under part
7045.1400.
Subp. 4.
Restrictions.
Hazardous wastes F020, F021, F022, F023, F026, F027, and F028
listed under part
7045.0135, subpart
1a, item B, must not be
managed at facilities governed by interim status unless:
A. the wastewater treatment sludge is
generated in a surface impoundment as part of the plant's wastewater treatment
system;
B. the waste is stored in
tanks or containers; or
C. the
waste is stored or treated in waste piles that are enclosed in accordance with
part
7045.0534, subpart
1 and comply with all other
provisions of part
7045.0534.
