Ala. Admin. Code r. 335-14-8-.07

Current through Register Vol. 42, No. 11, August 30, 2024

Section 335-14-8-.07 - Interim Status - Treatment, Storage, And Disposal Facilities

(1) Qualifying for interim status.

(a) Any person who owns or operates an "existing HWM facility" or a facility in existence on the effective date of statutory or regulatory amendments under the AHWMMA that render the facility subject to the requirement to have an AHWMMA permit shall have interim status and shall be treated as having been issued a permit to the extent he or she has:

1. Complied with the requirements of Section 3010(a) of RCRA pertaining to notification of hazardous waste activity;

2. Complied with the requirements of 335-14-8-.02(1) governing submission of Part A applications.

(b) If the Department has reason to believe upon examination of a Part A application, that it fails to meet the requirements of 335-14-8-.02(4), it shall notify the owner or operator in writing of the apparent deficiency. Such notice shall specify the grounds for the Department's belief that the application is deficient. The owner or operator shall have 30 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.

(c) Hazardous waste disposal facilities which were previously issued a solid waste letter of approval or permit will be granted interim status if they comply fully with 335-14-8-.07.

(d)335-14-8-.07(1)(a) shall not apply to any facility which has been previously denied a AHWMMA permit or if authority to operate the facility under AHWMMA has been previously terminated.

(2) Operation under interim status.

(a) During the interim status period the facility shall not:

1. Treat, store, or dispose of hazardous waste not specified in Part A of the permit application;

2. Employ processes not specified in Part A of the permit application; or

3. Exceed the design capacities specified in Part A of the permit application.

(b) Interim status standards. During interim status, owners or operators shall comply with the interim status standards in Chapter 335-14-6.

(3) Changes during interim status.

(a) Except as provided in 335-14-8-.07(3)(b) and (c), the owner or operator of an interim status facility may make the following changes at the facility:

1. Treatment, storage, or disposal of newly listed or identified wastes not previously identified in Part A of the permit application, and the addition of the units being used to treat, store, or dispose of the newly listed or identified hazardous wastes provided that the owner or operator has treated, stored or disposed of the newly listed or identified hazardous waste prior to the effective date of the listing or identification if the owner or operator submits a revised Part A permit application thirty days prior to the effective date of the listing or identification for such treatment, storage, or disposal, and the facility is in substantial compliance with all requirements of Division 335-14;

2. Increases in the design capacity of processes used at the facility and the addition of new hazardous wastes not previously identified in Part A of the permit application, and the addition of newly listed or identified hazardous wastes which are not treated, stored, or disposed at the facility prior to the effective date of the listing or identification, 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 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 of Alabama, 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 of Alabama, 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 previous owner or operator shall comply with the requirements of Rule 335-14-6-.08 (Financial Requirements), until the new owner or operator has demonstrated to the Department that he is complying with the requirements of that Rule. The new owner or operator must demonstrate compliance with Rule 335-14-6-.08 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 Rule 335-14-6-.08, the Department shall notify the previous owner or operator in writing that he no longer needs to comply with Rule 335-14-6-.08 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 by EPA under Section 3008(h) or other Federal authority, by the State of Alabama under comparable State of Alabama authority, or by a court in a judicial action brought by EPA or by the State of Alabama. Changes under 335-14-8-.07(3)(a) 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 335-14-8-.07(3)(b), changes listed under 335-14-8-.07(3)(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 335-14-6-.10(4) for tanks and ancillary equipment.

2. If necessary to comply with Federal, State of Alabama, or local requirements, changes to an existing unit, or changes solely involving tanks or containers.

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 by EPA under Section 3008(h) or other Federal authority, by the Department under comparable State of Alabama authority, or by a court in a judicial proceeding brought by EPA or the Department, 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 Chapter 335-14-9 or RCRA Section 3004, provided that such changes are made solely for the purpose of complying with Chapter 335-14-9 or RCRA Section 3004.

7. Addition of newly regulated units under 335-14-8-.07(3)(a)6.

8. Changes necessary to comply with standards under 40 CFR 63, Subpart EEE - National Emission Standards for Hazardous Air Pollutants From Hazardous Waste Combustors.

(c) Except as provided by 335-14-8 -.07(3)(a), the addition of new treatment processes, new treatment units, or an increase in design capacity not previously identified in Part A of the permit application and which are subject to the requirements of Rule 335-14-5-.15 or Rule 335-14-6-.15 may not be added as a change during interim status. Such changes may only be made by applying for and being issued an AHWMMA permit for such treatment processes, treatment units, or design capacity, in accordance with the requirements of Rules 335-14-8-.02 and 8-.03, or by modifying an existing AHWMMA permit in accordance with the requirements of Rule 335-14-8-.04.

(4) Termination of interim status.

(a) Interim status is terminated when:

1. Final administrative disposition of a permit application is made; or

2. The permittee fails to furnish a requested Part B application on time, or to furnish in full the information required by the Part B application.

(b) Interim status may be terminated when:

1. The permittee fails to comply with the applicable requirements of Chapter 335-14-6 or the AHWMMA; or

2. The permittee fails to comply with an Order issued by the Department.

(c) Interim status for each land treatment, storage, or disposal facility which was granted interim status prior to November 8, 1984 is terminated on the effective date of these rules unless:

1. The owner or operator submitted a Part B application for a permit to EPA on or before November 8, 1985; and

2. The owner or operator certified, on or before November 8, 1985, that such facility was in compliance with all applicable groundwater monitoring and financial responsibility requirements.

(d) Interim status for each land treatment, storage, or disposal facility which is in existence on the effective date of statutory or regulatory amendments under the AHWMMA that render the facility subject to the requirement to have an AHWMMA permit will be terminated twelve months after the date on which the facility first becomes subject to such permit requirement unless:

1. The owner or operator submits a Part B application for an AHWMMA permit on or before the date twelve months after the date on which the facility first becomes subject to such permit requirement;

2. The owner or operator certified, on or before the date twelve months after the date on which the facility first becomes subject to such permit requirement, that such facility is in compliance with all applicable groundwater monitoring and financial responsibility requirements.

(e) For owners or operators of any land disposal unit that is granted authority to operate under 335-14-8-.07(3)(a)1., 2., or 3., on the date 12 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.

(f) For owners and operators of each incinerator facility which has achieved interim status prior to November 8, 1984, interim status terminates on November 8, 1989, unless the owner or operator of the facility submits a Part B application for a RCRA permit for an incinerator facility by November 8, 1986.

(g) 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 terminates on November 8, 1992, unless the owner or operator of the facility submits a Part B application for a RCRA permit for the facility by November 8, 1988.

Authors: Stephen C. Maurer; Stephen A. Cobb; Steven O. Jenkins, C. Edwin Johnston; Bradley N. Curvin

Ala. Admin. Code r. 335-14-8-.07

November 19, 1980. Amended: April 9, 1986; September 29, 1986; February 15, 1988; August 24, 1989; December 6, 1990, January 25, 1992. Amended: Filed: November 30, 1994 effective January 5, 1995. Amended: Filed February 21, 1997; effective March 28, 1997. Amended: Filed February 26, 1999; effective April 2, 1999. Amended: Filed February 25, 2000; effective March 31, 2000. Amended: Filed March 9, 2001; effective April 13, 2001. Amended: Filed February 8, 2002; effective March 15, 2002. Amended: Filed February 28, 2006; effective April 4, 2006.

Statutory Authority:Code of Ala. 1975, §§ 22-30-11, 22-30-12.