(a) Except as provided in Subsection
R315-270-72(b), the owner or operator of an interim status facility may make
the following changes at the facility:
(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 a justification
explaining the need for the change, and the Director 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 Director 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 Sections R315-265-140 through 150, until
the new owner or operator has demonstrated to the Director that the owner or
operator is complying with the requirements of Sections R315-265-140 through
150. The new owner or operator shall demonstrate compliance with Sections
R315-265-140 through 150 within six months of the date of the change in
ownership or operational control of the facility. Upon demonstration to the
Director by the new owner or operator of compliance with Sections R315-265-140
through 150, the Director shall notify the old owner or operator in writing
that he no longer needs to comply with Sections R315-265-140 through 150 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
issued under Subsection
19-6-105(d)
or by EPA under section 3008(h) or other Federal authority, or by a court in a
judicial action brought by EPA or by an authorized State. Changes under
Subsection R315-270-72(a)(5) are limited to the treatment, storage, or disposal
of solid waste from releases that originate within the boundary of the
facility.
(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 Subsection R315-270-72(b), changes listed under
Subsection R315-270-72(a) 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 a reconstruction:
(1) Changes made
solely for the purposes of complying with the requirements of Section
R315-265-193 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 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 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
Subsection
19-6-105(d),
or by EPA under section 3008(h) or other Federal authority, or by a court in a
judicial proceeding brought by EPA or an authorized State, 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 Rule R315-268 or RCRA section 3004, provided that such
changes are made solely for the purpose of complying with Rule R315-268 or RCRA
section 3004.
(7) Addition of newly
regulated units under Subsection R315-27-72(a)(6).
(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, which is incorporated
by reference in Subsection
R307-214-2(39).