Current through Register Vol. 24-06, March 15, 2024
(1)
(a) Applicability. This section applies to
all facilities eligible for an interim status permit. When a facility is owned
by one person but is operated by another person, it is the operator's duty to
qualify for interim status, except that the owner must also sign an interim
status application. Prior to submittal of an interim status permit application
the requirements of WAC
173-303-281 must be
met.
(b) Any person who owns or
operates an "existing dangerous waste TSD facility" or a facility in existence
on the effective date of statutory or regulatory amendments under the Hazardous
Waste Management Act or RCRA that renders the facility subject to the
requirement to have a dangerous waste permit will have interim status and will
be treated as having been issued a permit to the extent he or she has:
(i) Complied with the requirements of WAC
173-303-060 pertaining to
notification of dangerous waste activity.
(Comment: Some existing facilities may not be required to file
a notification under WAC
173-303-060. These facilities may
qualify for interim status by meeting (b)(ii) of this subsection.)
(ii) Complied with the
requirements of WAC
173-303-803 governing submission
of part A applications.
(c) This subsection (1) will not apply to any
facility that has been previously denied a final facility permit or if
authority to operate the facility under the Hazardous Waste Management Act has
been previously terminated.
(2) Failure to qualify for interim status. If
the department has reason to believe upon examination of a Part A application
that it fails to provide the required information, it will notify the owner or
operator in writing of the apparent deficiency. Such notice will specify the
grounds for the department's belief that the application is deficient. The
owner or operator will have thirty days from receipt to respond to such a
notification and to explain or cure the alleged deficiency in his Part A
application. If, after such notification and opportunity for response, the
department determines that the application is deficient it may take appropriate
enforcement action.
(3) Interim
status for facilities under RCRA interim status. Any existing facility
operating under interim status gained under section 3005 of RCRA will be deemed
to have an interim status permit under this chapter provided that the
owner/operator complies with the applicable requirements of WAC
173-303-400 and this
section.
(4) Interim status for
facilities managing state-designated (non-RCRA) dangerous wastes. Any existing
facility which does not satisfy subsection (3) of this section, but which is
only managing dangerous wastes that are not hazardous wastes under 40 C.F.R.
Part 261, will be deemed to have an interim status permit provided that the
owner/operator of the facility has complied with the notification requirements
of WAC 173-303-060 by May 11, 1982 and
has submitted Part A of his permit application by August 9, 1982. If an
existing facility becomes subject to this chapter due to amendments to this
chapter and the facility was not previously subject to this chapter, then the
owner/operator of an existing facility may qualify for an interim status permit
by complying with the notification requirements of WAC
173-303-060 within three months,
and submitting Part A of his permit application within six months, after the
adoption date of the amendments which cause the facility to be subject to the
requirements of this chapter. Facilities qualifying for interim status under
this subsection will not be deemed to have interim status under section 3005 of
RCRA, and may only manage non-RCRA wastes until they either qualify separately
for interim status under section 3005 of RCRA or receive a final status
facility permit allowing them to manage RCRA wastes.
(5) Maintaining the interim status permit.
(a) Timely notification and submission of a
Part A application qualifies the owner/operator of the existing TSD facility
for the interim status permit, until the department terminates interim status
pursuant to subsection (8) of this section.
(b) Interim status for the existing TSD
facility will be maintained while the department makes final administrative
disposition of a final facility permit pursuant to WAC
173-303-806 if:
(i) The owner/operator has submitted his
final facility permit application (as described in WAC
173-303-806 ) within six months
of the written request by the department to submit such application;
and
(ii) Grounds for terminating
interim status (as described in subsection (8) of this section) do not
exist.
(c) The
owner/operator of an interim status facility must update his Part A whenever he
is managing wastes that are newly regulated under this chapter, and as
necessary to comply with subsection (7) of this section. Failure to comply with
this updating requirement is a violation of interim status.
(6) Prohibitions for interim
status permits. Facilities with an interim status permit must not:
(a) Treat, store, or dispose of dangerous
waste not specified in Part A of the permit application;
(b) Employ processes not specified in Part A
of the permit application; or
(c)
Exceed the design capacities specified in Part A of the permit
application.
(7) Changes
during interim status.
(a) Except as provided
in (b) of this subsection, the owner or operator of an interim status facility
may make the following changes at the facility:
(i) Treatment, storage, or disposal of new
dangerous 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 dangerous 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
(along with a justification detailing the equipment and process or processes
that the owner or operator will use to treat, store, or dispose of the new
dangerous wastes) and if the department does not explicitly deny the changes
within sixty days of receipt of the revised application;
(ii) 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), the requirements of WAC
173-303-281 are met, and the
department approves the changes because:
(A)
There is a lack of available treatment, storage, or disposal capacity at other
dangerous waste management facilities; or
(B) The change is necessary to comply with a
federal, state, or local requirement.
(iii) Changes in the processes for the
treatment, storage, or disposal of dangerous 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:
(A)
The change is necessary to prevent a threat to human health and the environment
because of an emergency situation; or
(B) The change is necessary to comply with a
federal, state, or local requirement.
(iv) 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 ninety days prior to the scheduled change.
When a transfer of operational control of a facility occurs, the old owner or
operator must comply with the interim status financial requirements of 40
C.F.R. Part 265, Subpart H (as referenced in WAC
173-303-400 ), until the new
owner or operator has demonstrated to the department that he is complying with
the financial requirements. Upon demonstration to the department by the new
owner or operator of compliance with the interim status financial requirements,
the department will notify the old owner or operator in writing that he no
longer needs to comply with the interim status financial requirements as of the
date of demonstration. The new owner or operator must demonstrate compliance
with the financial requirements within six months of the date of the change in
ownership or operational control of the facility. All other interim status
duties are transferred effective immediately upon the date of the change in
ownership or operational control of the facility.
(v) Changes made in accordance with an
interim status corrective action order issued by EPA under section 3008(h) of
RCRA or other federal authority, including an order or consent decree issued
pursuant to WAC
173-303-64620 or
173-303-64630, by the department
under chapter 70.105
RCW or other state authority, or by a court in a judicial action brought by EPA
or by the department. Changes under this subsection (7)(a)(v) are limited to
the treatment, storage, or disposal of solid waste from releases that originate
within the boundary of the facility.
(vi) Addition of newly regulated units for
the treatment, storage, or disposal of dangerous 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
subsection (7)(b), changes listed under (a) of this subsection may not be made
if they amount to reconstruction of the dangerous waste management facility.
Reconstruction occurs when the capital investment in the changes to the
facility exceeds fifty percent of the capital cost of a comparable entirely new
dangerous waste management facility. If all other requirements are met, the
following changes may be made even if they amount to a reconstruction:
(i) Changes made solely for the purposes of
complying with the requirements of WAC
173-303-640(4)
for tanks and ancillary equipment.
(ii) 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) of RCRA.
(iii) Changes that are necessary to allow
owners or operators to continue handling newly listed or identified dangerous
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.
(iv) Changes during
closure of a facility or of a unit within a facility made in accordance with an
approved closure plan.
(v) Changes
necessary to comply with an interim status corrective action order issued by
EPA under section 3008(h) or other federal authority, by the department under
chapter
70.105 RCW or other state
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.
(vi)
Changes to treat or store, in tanks, containers, or containment buildings
hazardous wastes subject to land disposal restrictions imposed by 40 C.F.R.
Part 268 or RCRA section 3004, provided that such changes are made solely for
the purpose of complying with 40 C.F.R. Part 268 or RCRA section
3004.
(vii) Addition of newly
regulated units under (a)(vi) of this subsection.
(viii) Changes necessary to comply with
standards under 40 C.F.R. part 63, subpart EEE -- National Emission Standards
for Hazardous Air Pollutants From Hazardous Waste Combustors, which are
incorporated by reference at WAC
173-400-075(5)(a).
(8) Termination of
interim status permit. The following are causes for terminating an interim
status permit, or for denying a revised permit application:
(a) Final administrative disposition of a
final facility permit application is made pursuant to WAC
173-303-806;
(b) When the department on examination or
reexamination of a Part A application determines that it fails to meet the
applicable standards of this chapter, it may notify the owner or operator that
the application is deficient and that the interim status permit has been
revoked. The owner or operator will then be subject to enforcement for
operating without a permit;
(c)
Failure to submit a requested Part B application on time, or to provide in full
the information required in the Part B application;
(d) Violation of applicable interim status
standards;
(e) A determination that
the permit applicant has failed to satisfy the performance standards of WAC
173-303-283;
(f) For owners or operators of each land
disposal facility which has been granted interim status prior to November 8,
1984, interim status terminated on November 8, 1985, unless:
(i) The owner or operator submits a Part B
application for a permit for such facility prior to that date; and
(ii) The owner or operator certifies that
such facility is in compliance with all applicable groundwater monitoring and
financial responsibility requirements.
(g) For owners or operators of each land
disposal facility which is in existence on the effective date of statutory or
regulatory amendments under the Hazardous Waste Management Act that render the
facility subject to the requirement to have a final facility permit and which
is granted interim status, interim status terminates twelve months after the
date on which the facility first becomes subject to such permit requirement
unless the owner or operator of such facility:
(i) Submits a Part B application for a final
facility permit for such facility before the date twelve months after the date
on which the facility first becomes subject to such permit requirement;
and
(ii) Certifies that such
facility is in compliance with all applicable groundwater monitoring and
financial responsibility requirements.
(h) For owners or operators of any land
disposal unit that is granted authority to operate under subsection (7)(a)(i),
(ii) or (iii) of this section, interim status terminates on the date twelve
months after the effective date of such requirement, unless the owner or
operator certifies that such unit is in compliance with all applicable
groundwater monitoring and financial responsibility requirements;
(i) For owners and operators of each
incinerator facility which achieved interim status prior to November 8, 1984,
interim status terminated on November 8, 1989, unless the owner or operator of
the facility submitted a Part B application for a final facility permit for an
incinerator facility by November 8, 1986; or
(j) For owners or operators of any facility
(other than a land disposal or an incinerator facility) which has achieved
interim status prior to November 8, 1984, interim status terminated on November
8, 1992, unless the owner or operator of the facility submitted a Part B
application for a final facility permit for the facility by November 8,
1988.
Statutory Authority:
Chapters
70.105,
70.105D, and
15.54 RCW and
RCW
70.105.007. 04-24-065 (Order 03-10), §
173-303-805, filed 11/30/04, effective 1/1/05; 00-11-040 (Order 99-01), §
173-303-805, filed 5/10/00, effective 6/10/00. Statutory Authority:
Chapters
70.105 and
70.105D RCW. 98-03-018 (Order
97-03), § 173-303-805, filed 1/12/98, effective 2/12/98; 95-22-008 (Order
94-30), § 173-303-805, filed 10/19/95, effective 11/19/95; 94-01-060
(Order 92-33), § 173-303-805, filed 12/8/93, effective 1/8/94. Statutory
Authority:
Chapters
70.105 and
70.105D RCW, 40 C.F.R. Part 271.3
and RCRA § 3006 ( 42 U.S.C. 3251 ). 91-07-005 (Order 90-42), §
173-303-805, filed 3/7/91, effective 4/7/91. Statutory Authority:
Chapter
70.105 RCW. 89-02-059
(Order 88-24), § 173-303-805, filed 1/4/89; 88-18-083 (Order 88-29),
§ 173-303-805, filed 9/6/88; 88-07-039 (Order 87-37), § 173-303-805,
filed 3/11/88; 87-14-029 (Order DE-87-4), § 173-303-805, filed 6/26/87;
86-12-057 (Order DE-85-10), § 173-303-805, filed 6/3/86; 84-09-088 (Order
DE 83-36), § 173-303-805, filed 4/18/84. Statutory Authority:
Chapter
70.105 RCW and
RCW
70.95.260. 82-05-023 (Order DE 81-33), §
173-303-805, filed 2/10/82.