Current through Register Vol. 48, No. 9, September 27, 2024
(a) Except as provided in paragraph (b),the
owner or operator of an interim status facility may make the following changes
at the facility: (amended 11/90)
(1)
Treatment, storage, or disposal of new hazardous wastes not previously
identified in Part A of the permit application (and, in the case of newly
listed or identified wastes, addition of the units being used to treat, store,
or dispose of the hazardous wastes on the effective date of the listing or
identification) if the owner or operator submits a revised Part A permit
application prior to such treatment, storage, or disposal;
(2) Increases in the design capacity of
processes used at the facility if the owner or operator submits a revised Part
A permit application prior to such a change (along with justification
explaining the need for the change) and the Department approves the changes
because:
(i) There is a lack of available
treatment, storage, or disposal capacity at other hazardous waste management
facilities, or
(ii) The change is
necessary to comply with a Federal, State, or local requirement.
(3) Changes in the processes for
the treatment, storage, or disposal of hazardous waste or addition of processes
if the owner or operator submits a revised Part A permit application prior to
such change (along with a justification explaining the need for the change) and
the Department approves the change because:
(i) The change is necessary to prevent a
threat to human health and the environment because of an emergency situation,
or
(ii) The change is necessary to
comply with a Federal, State, or local requirement.
(4) Changes in the ownership or operational
control of a facility if the new owner or operator submits a revised Part A
permit application no later than 90 days prior to the scheduled change. When a
transfer of operational control of a facility occurs, the old owner or operator
shall comply with the requirements of Part 265 Subpart H (Financial
Requirements), until the new owner or operator has demonstrated to the
Department he is complying with the requirements of that subpart. The new owner
or operator must demonstrate compliance with Subpart H requirements within six
months of the date of the change in ownership or operational control of the
facility. Upon demonstration to the Department by the new owner or operator of
compliance with Subpart H the Department shall notify the old owner or operator
in writing that he no longer needs to comply with Subpart H as of the date of
demonstration. All other interim status duties are transferred effective
immediately upon the date of the change in ownership or operational control of
the facility.
(5) Changes made in
accordance with an interim status corrective action order under Section
44-56-140
or issued by EPA under section3008(h)(h) or other Federal authority, or by a
court in a judicial action brought by EPA or by an authorized State. Changes
under this paragraph are limited to the treatment, storage, or disposal of
solid waste from releases that originate within the boundary of the facility.
(revised 12/92)
(6) Addition of
newly regulated units for the treatment, storage or disposal of hazardous waste
if the owner or operator submits a revised part A permit application on or
before the date on which the unit becomes subject to the new
requirements.
(b) Except
as specifically allowed under this paragraph, changes listed under paragraph
(a) of this section may not be made if they amount to reconstruction of the
hazardous waste management facility. Reconstruction occurs when the capital
investment in the charges to the facility exceeds 50 percent of the capital
cost of a comparable entirely new hazardous waste management facility. If all
other requirement are met,the following changes may be made even if they amount
to a reconstruction: (amended 11/90)
(1)
Changes made solely for the purposes of complying with the requirements of
265.193 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 this regulation or section3004(o)(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 prior to
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 in accordance with an
approved closure plan.
(5) Changes
necessary to comply with an interim status corrective action order issued under
44-56-140 or section3008(h)(h) or other authority, or by a court in a judicial
proceeding, provided that such 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 268 or Section
44-56-30
or RCRA section3004, provided that such changes are made solely for the purpose
of complying with part 268 or Section
44-56-30
or RCRA section3004. (revised 12/92)
(7) Addition of newly regulated units under
paragraph (a)(6) of this section. (revised 12/92)
(8) Changes necessary to comply with
standards under 40 CFR part 63, Subpart EEE - National Emission Standards for
Hazardous Air Pollutants From Hazardous Waste Combustors.