6 Colo. Code Regs. § 1007-3-100.6.63
Modifications | Class |
A. General Permit Provisions | |
1. Administrative and informational changes | 1 |
2. Correction of typographical errors | 1 |
3. Equipment replacement or upgrading with functionally equivalent components (e.g., pipes, valves, pumps, conveyors, controls) | 1 |
4. Changes in the frequency of or procedures for monitoring, reporting, sampling, or maintenance activities by the permittee: | |
a. To provide for more frequent monitoring, reporting, sampling, or maintenance. | 1 |
b. Other changes | 2 |
5. Schedule of compliance: | |
a. Changes in interim compliance dates, with prior approval of the Director. | 11 |
b. Extension of final compliance date. | 3 |
6. Changes in expiration date of permit to allow earlier permit termination, with prior approval of the Director. | 11 |
7. Changes in ownership or operational control of a facility, provided the procedures of § 100.62(b) are followed. | 11 |
B. General Facility Standards | |
1. Changes to waste sampling or analysis methods: | |
a. To conform with agency guidance or regulations. | 1 |
b. To incorporate changes associated with F039 (multi-source leachate) sampling or analysis methods. | (1)1 |
c. To incorporate changes associated with underlying hazardous constituents in ignitable or corrosive wastes. | 11 |
d. Other changes. | 2 |
2. Changes to analytical quality assurance/control plan: | |
a. To conform with agency guidance or regulations. | 1 |
b. Other changes. | 2 |
3. Changes in procedures for maintaining the operating record. | 1 |
4. Changes in frequency or content of inspection schedules. | 2 |
5. Changes in the training plan: | |
a. That affect the type or decrease the amount of training given to employees. | 2 |
b. Other changes. | 1 |
6. Contingency plan: | |
a. Changes in emergency procedures (i.e., spill or release response procedures). | 2 |
b. Replacement with functionally equivalent equipment, upgrade, or relocate emergency equipment listed. | 1 |
c. Removal of equipment from emergency equipment list | 2 |
d. Changes in name, address, or phone number of coordinators or other persons or agencies identified in the plan. | 1 |
7. Construction quality assurance plan: | |
a. Changes that the CQA officer certifies in the operating record will provide equivalent or better certainty that the unit components meet the design specifications. | 1 |
b. Other changes | 2 |
Note: When a permit modification (such as introduction of a new unit) requires a change in facility plans or other general facility standards, that change shall be reviewed under the same procedures as the permit modification. | |
C. Ground-Water Protection | |
1. Changes to wells: | |
a. Changes in the number, location, depth, or design of upgradient or downgradient wells of permitted ground-water monitoring system. | 2 |
b. Replacement of an existing well that has been damaged or rendered inoperable, without change to location, design, or depth of the well. | 1 |
2. Changes in ground-water sampling or analysis procedures or monitoring schedule, with prior approval of the Director. | 11 |
3. Changes in statistical procedure for determining whether a statistically significant change in ground-water quality between upgradient and downgradient wells has occurred, with prior approval of the Director. | 11 |
4. Changes in point of compliance. | 2 |
5. Changes in indicator parameters, hazardous constituents, or concentration limits (including ACLs): | |
a. As specified in the groundwater protection standard. | 3 |
b. As specified in the detection monitoring program. | 2 |
6. Changes to a detection monitoring program as required by § 264.98(h), unless otherwise specified in this appendix. | 2 |
7. Compliance monitoring program: | |
a. Addition of compliance monitoring program as required by § § 264.98(g)(4) and 264.99. | 3 |
b. Changes to a compliance monitoring program as required by § 264.99(j), unless otherwise specified in this appendix. | 2 |
8. Corrective action program: | |
a. Addition of a corrective action program as required by § § 264.99(h)(2) and 264.100. | 3 |
b. Changes to a corrective action program as required by § 264.100(h), unless otherwise specified in this appendix. | 2 |
D. Closure | |
1. Changes to the closure plan: | |
a. Changes in estimate of maximum extent of operations or maximum inventory of waste on-site at any time during the active life of the facility, with prior approval of the Director. | 11 |
b. Changes in the closure schedule for any unit, changes in the final closure schedule for the facility, or extension of the closure period, with prior approval of the Director. | 11 |
c. Changes in the expected year of final closure, where other permit conditions are not changed, with prior approval of the Director. | 11 |
d. Changes in procedures for decontamination of facility equipment or structures, with prior approval of the Director. | 11 |
e. Changes in approved closure plan resulting from unexpected events occurring during partial or final closure, unless otherwise specified in this appendix. | 2 |
f. Extension of the closure period to allow a landfill, surface impoundment or land treatment unit to receive non-hazardous wastes after final receipt of hazardous wastes under § 264.113 (d) and (e). | 2 |
2. Creation of a new landfill unit as part of closure. | 3 |
3. Addition of the following new units to be used temporarily for closure activities: | |
a. Surface impoundments. | 3 |
b. Incinerators. | 3 |
c. Waste piles that do not comply with § 264.250(c). | 3 |
d. Waste piles that comply with § 264.250(c). | 2 |
e. Tanks or containers (other than specified below). | 2 |
f. Tanks used for neutralization, dewatering, phase separation, or component separation, with prior approval of the Director. | 11 |
g. Staging Piles | 2 |
E. Post-Closure | |
1. Changes in name, address, or phone number of contact in post-closure plan. | 1 |
2. Extension of post-closure care period. | 2 |
3. Reduction in the post-closure care period. | 3 |
4. Changes to the expected year of final closure, where other permit conditions are not changed. | 1 |
5. Changes in post-closure plan necessitated by events occurring during the active life of the facility, including partial and final closure. | 2 |
F. Containers | |
1. Modification or addition of container units: | |
a. Resulting in greater than 25% increase in the facility's container storage capacity, except as provided in F(1)(c) and F(4)(a) below. | 3 |
b. Resulting in up to 25% increase in the facility's container storage capacity, except as provided in F(1)(c) and F(4)(a) below. | 2 |
c. Or treatment processes necessary to treat wastes that are restricted from land disposal to meet some or all of the applicable treatment standards or to treat wastes to satisfy (in whole or in part) the standard of use of practically available technology that yields the greatest environmental benefit" contained in § 268.8(a)(2)(ii), with prior approval of the Director. This modification may also involve addition of new waste codes or narrative descriptions of wastes. It is not applicable to dioxin-containing wastes (F020, 021, 022, 023, 026, 027. and 028). | 11 |
2. a. Modification of a container unit without increasing the capacity of the unit | 2 |
b. Addition of a roof to a container unit without alteration of the containment system. | 1 |
3. Storage of different wastes in containers, except as provided in (F)(4) below: | |
a. That require additional or different management practices from those authorized in the permit. | 3 |
b. That do not require additional or different management practices from those authorized in the permit. | 2 |
Note: See § 100.63(g) for modification procedures to be used for the management of newly listed or identified wastes. | |
4. Storage of treatment of different wastes in containers: | |
a. That require addition of units or change in treatment process or management standards, provided that the wastes are restricted from land disposal and are to be treated to meet some or all of the applicable treatment standards, or that are to be treated to satisfy (in whole or in part) the standard of "use of practically available technology that yields the greatest environmental benefit" contained in § 268.8(a)(2)(ii). This modification is not applicable to dioxin-containing wastes (F020, 021. 022. 023, 026, 027, and 028). | 11 |
b. That do not require the addition of units or a change in the treatment process or management standards, and provided that the units have previously received wastes of the same type (e.g., incinerator scrubber water). This modification is not applicable to dioxin-containing wastes (F020, 021, 022, 023, 026, 027, and 028). | 1 |
G. Tanks | |
1. a. Modification or addition of tank units resulting in greater than 25% increase in the facility's tank capacity, except as provided in G(1)(c), G(1)(d), and G(1)(e) below. | 3 |
b. Modification or addition of tank units resulting in up to 25% increase in the facility's tank capacity, except as provided in G(1)(d) and G(1)(e) below. | 2 |
c. Addition of a new tank that will operate for more than 90 days using any of the following physical or chemical treatment technologies: neutralization, dewatering, phase separation, or component separation. | 2 |
d. After prior approval of the Director, addition of a new tank that will operate for up to 90 days using any of the following physical or chemical treatment technologies: neutralization, dewatering, phase separation, or component separation. | 11 |
e. Modification or addition of tank units or treatment processes necessary to treat wastes that are restricted from land disposal to meet some or all of the applicable treatment standards or to treat wastes to satisfy (in whole or in part) the standard of "use of practically available technology that yields the greatest environmental benefit" contained in § 268.8(a)(2)(ii) with prior approval of the Director. This modification may also involve addition of new waste codes. It is not applicable to dioxin-containing wastes (F020, 021, 022, 023, 026, 027, and 028). | 11 |
2. Modification of a tank unit or secondary containment system without increasing the capacity of the unit. | 2 |
3. Replacement of a tank with a tank that meets the same design standards and has a capacity within +/-10% of the replaced tank provided. | 1 |
- The capacity difference is no more than 1500 gallons, | |
- The facility's permitted tank capacity is not increased, and | |
- The replacement tank meets the same conditions in the permit. | |
4. Modification of a tank management practice. | 2 |
5. Management of different wastes in tanks: | |
a. That require additional or different management practices, tank design, different fire protection specifications, or significantly different tank treatment process from that authorized in the permit, except as provided in (G)(5)(c) below. | 3 |
b. That do not require additional or different management practices, tank design, different fire protection specifications, or significantly different tank treatment process than authorized in the permit, except as provided in (G)(5)(d). | 2 |
c. That require addition of units or change in treatment processes or management standards, provided that the wastes are restricted from land disposal and are to be treated to meet some or all of the applicable treatment standards or that are to be treated to satisfy (in whole or in part) the standard of "use of practically available technology that yields the greatest environmental benefit" contained in § 268.8(a)(2)(ii). The modification is not applicable to dioxin-containing wastes (F020, 021,022,023,026,027, and 028). | 11 |
d. That do not require the addition of units or a change in the treatment process or management standards, and provided that the units have previously received wastes of the same type (e.g., incinerator scrubber water). This modification is not applicable to dioxin-containing wastes (F020, 021, 022, 023, 026, 027, and 028). | 1 |
Note: See § 100.63(g) for modification procedures to be used for the management of newly listed or identified wastes. | |
H. Surface Impoundments | |
1. Modification or addition of surface impoundment units that result in increasing the facility's surface impoundment storage or treatment capacity. | 3 |
2. Replacement of a surface impoundment unit. | 3 |
3. Modification of a surface impoundment unit without increasing the facility's surface impoundment storage or treatment capacity and without modifying the unit's liner, leak detection system, or leachate collection system. | 2 |
4. Modification of a surface impoundment management practice. | 2 |
5. Treatment, storage, or disposal of different wastes in surface impoundments: | |
a. That require additional or different management practices or different design of the liner or leak detection system than authorized in the permit | 3 |
b. That do not require additional or different management practices or different design of the liner or leak detection system than authorized in the permit | 2 |
c. That are wastes restricted from land disposal that meet the applicable treatment standards or that are treated to satisfy the standard of "use of practically available technology that yields the greatest environmental benefit" contained in 40 CFR § 268.8(a)(2)(ii), and provided that the unit meets the minimum technological requirements stated in 40 CFR § 268.5(h)(2). This modification is not applicable to dioxin-containing wastes (F020, 021, 022, 023, 026, 027, and 028). | 1 |
d. That are residues from wastewater treatment or incineration, provided that disposal occurs in a unit that meets the minimum technological requirements stated in 40 CFR § 268.5(h)(2), and provided further that the surface impoundment has previously received wastes of the same type (for example, incinerator scrubber water). This modification is not applicable to dioxin-containing wastes (F020, 021, 022, 023, 026, 027, and 028) | 1 |
6. Modifications of unconstructed units to comply with § § 264.221(c), 264.222, 264.223, and 264.226(d) | 11 |
7. Changes in response action plan: | |
a. Increase In action leakage rate | 3 |
b. Change in a specific response reducing its frequency or effectiveness. | 3 |
c. Other changes | 2 |
Note: See § 100.63(g) for modification procedures to be used for the management of newly listed or identified wastes. | |
I. Enclosed Waste Piles. For all waste piles except those complying with § 264.250(c), modifications are treated the same as for a landfill. The following modifications are applicable only to waste piles complying with § 264.250(c). | |
1. Modification or addition of waste pile units: | |
a. Resulting in greater than 25% increase in the facility's waste pile storage or treatment capacity. | 3 |
b. Resulting in up to 25% increase in the facility's waste pile storage or treatment capacity. | 2 |
2. Modification of waste pile unit without increasing the capacity of the unit | 2 |
3. Replacement of a waste pile unit with another waste pile unit of the same design and capacity and meeting all waste pile conditions in the permit | 1 |
4. Modification of a waste pile management practice. | 2 |
5. Storage or treatment of different wastes in waste piles: | |
a. That require additional or different management practices or different design of the unit. | 3 |
b. That do not require additional or different management practices or different design of the unit. | 2 |
6. Conversion of an enclosed waste pile to a containment building unit | 2 |
Note: See § 100.63(g) for modification procedures to be used for the management of newly listed or identified wastes. | |
J. Landfills and Unenclosed Waste Piles | |
1. Modification or addition of landfill units that result in increasing the facility's disposal capacity. | 3 |
2. Replacement of a landfill. | 3 |
3. Addition or modification of a liner, leachate collection system, leachate detection system, run-off control, or final cover system. | 3 |
4. Modification of a landfill unit without changing a liner, leachate collection system, leachate detection system, run-off control, or final cover system. | 2 |
5. Modification of a landfill management practice. | 2 |
6. Landfill different wastes: | |
a. That require additional or different management practices, different design of the liner, leachate collection system, or leachate detection system. | 3 |
b. That do not require additional or different management practices, different design of the liner, leachate collection system, or leachate detection system. | 2 |
c. That are wastes restricted from land disposal that meet the applicable treatment standards or that are treated to satisfy the standard of "use of practically available technology that yields the greatest environmental benefit" contained in 40 CFR § 268.8(a)(2)(ii), and provided that the landfill unit meets the minimum technological requirements stated in 40 CFR § 268.5(h)(2). This modification is not applicable to dioxin-containing wastes (F020, 021, 022, 023, 026, 027, and 028). | 1 |
d. That are residues from wastewater treatment or incineration, provided that disposal occurs in a landfill unit that meets the minimum technological requirements stated in 40 CFR § 268.5(h)(2), and provided further that the landfill has previously received wastes of the same type (for example, incinerator ash). This modification is not applicable to dioxin-containing wastes (F020, 021, 022, 023, 026, 027, and 028). | 1 |
7. Modifications of unconstructed units to comply with § § 264.251(c), 264.252, 264.253, 264.254(c), 264.301(c), 264.302, 264.303(c), and 264.304. | 11 |
8. Changes in response action plan: | |
a. Increase In action leakage rate | 3 |
b. Change in a specific response reducing its frequency or effectiveness. | 3 |
c. Other changes | 2 |
Note: See § 100.63(g) for modification procedures to be used for the management of newly listed or identified wastes. | |
K. Land Treatment | |
1. Lateral expansion of or other modification of a land treatment unit to increase areal extent | 3 |
2. Modification of run-on control system. | 2 |
3. Modify run-off control system. | 3 |
4. Other modifications of land treatment unit component specifications or standards required in permit | 2 |
5. Management of different wastes in land treatment units: | |
a. That require a change in permit operating conditions or unit design specifications. | 3 |
b. That do not require a change in permit operating conditions or unit design specifications. | 2 |
Note: See § 100.63(g) for modification procedures to be used for the management of newly listed or identified wastes. | |
6. Modification of a land treatment unit management practice to: | |
a. Increase rate or change method of waste application. | 3 |
b. Decrease rate of waste application. | 1 |
7. Modification of a land treatment unit management practice to change measures of pH or moisture content, or to enhance microbial or chemical reactions. | 2 |
8. Modification of a land treatment unit management practice to grow food chain crops, add to or replace existing permitted crops with different food chain crops, or to modify operating plans for distribution of animal feeds resulting from such crops. | 3 |
9. Modification of operating practice due to detection of releases from the land treatment unit pursuant to § 264.278(g)(2). | 3 |
10. Changes in the unsaturated zone monitoring system, resulting in a change to the location, depth, number of sampling points, or replace unsaturated zone monitoring devices or components of devices with devices or components that have specifications different from permit requirements. | 3 |
11. Changes in the unsaturated zone monitoring system that do not result in a change to the location, depth, number of sampling points, or that replace unsaturated zone monitoring devices or components of devices with devices or components having specifications different from permit requirements. | 2 |
12. Changes in background values for hazardous constituents in soil and soil-pore liquid. | 2 |
13. Changes in sampling, analysis, or statistical procedure. | 2 |
14. Changes in land treatment demonstration program prior to or during the demonstration. | 2 |
15. Changes in any condition specified in the permit for a land treatment unit to reflect results of the land treatment demonstration, provided performance standards are met, and the Director's prior approval has been received. | 11 |
16. Changes to allow a second land treatment demonstration to be conducted when the results of the first demonstration have not shown the conditions under which the wastes can be treated completely, provided the conditions for the second demonstration are substantially the same as the conditions for the first demonstration and have received the prior approval of the Director. | 11 |
17. Changes to allow a second land treatment demonstration to be conducted when the results of the first demonstration have not shown the conditions under which the wastes can be treated completely, where the conditions for the second demonstration are not substantially the same as the conditions for the first demonstration. | 3 |
18. Changes in vegetative cover requirements for closure. | 2 |
L. Incinerators, Boilers, and Industrial Furnaces | . |
1. Changes to increase by more than 25% any of the following limits authorized in the permit: A thermal feed rate limit, a feedstream rate limit, a chlorine/chloride feed rate limit, a metal feed rate limit, or an ash feed rate limit. The Director will require a new trial burn to substantiate compliance with the regulatory performance standards unless this demonstration can be made through other means. | 3 |
2. Changes to increase by up to 25% any of the following limits authorized in the permit: A thermal feed rate limit, a feedstream feed rate limit, a chlorine/chloride feed rate limit, a metal feed rate limit, or an ash feed rate limit. The Director will require a new trial burn to substantiate compliance with the regulatory performance standards unless this demonstration can be made through other means. | 2 |
3. Modification of an incinerator, boiler or industrial furnace unit by changing the internal size or geometry of the primary secondary combustion units, by adding a primary or secondary combustion unit, by substantially changing the design of any component used to remove HCL/Cl2, metals, or particulate from the combustion gases, or by changing other features of the incinerator, boiler or industrial furnace that could affect its capability to meet the regulatory performance standards. The Director will require a new trial burn to substantiate compliance with the regulatory performance standards unless this demonstration can be made through other means. | 3 |
4. Modification of an incinerator, boiler or industrial furnace unit in a manner that would not likely affect the capability of the unit to meet the regulatory performance standards but which would change the operating conditions or monitoring requirements specified in the permit. The Director may require a new trial burn to demonstrate compliance with the regulatory performance standards. | 2 |
5. Operating requirements: | |
a. Modification of the limits specified in the permit for minimum or maximum combustion gas temperature, minimum combustion gas residence time, oxygen concentration in the secondary combustion chamber, flue gas carbon monoxide and hydrocarbon concentration, maximum temperature at the inlet to the particulate matter emission control system, or operating parameters for the air pollution control system. The Director will require a new trial burn to substantiate compliance with the regulatory performance standards unless this demonstration can be made through other means. | 3 |
b. Modification of any stack gas emission limits specified in the permit, or modification of any conditions in the permit concerning emergency shutdown or automatic waste feed cutoff procedures or controls. | 3 |
c. Modification of any other operating condition or any inspection or recordkeeping requirement specified in the permit | 2 |
6. Burning of different wastes: | |
a. If the waste contains a POHC that is more difficult to burn than authorized by the permit or if burning of the waste requires compliance with different regulatory performance standards than specified in the permit. The Director will require a new trial burn to substantiate compliance with the regulatory performance standards unless this demonstration can be made through other means. | 3 |
b. If the waste does not contain a POHC that is more difficult to burn than authorized by the permit and if burning of the waste does not require compliance with different regulatory performance standards than specified in the permit. | 2 |
Note: See § 100.63(g) for modification procedures to be used for the management of newly listed or identified wastes. | |
7. Shakedown: | |
a. Modification of permit conditions applicable during the shakedown period for determining operational readiness after construction, with prior approval of the Director. | 2 |
b. Authorization of up to an additional 720 hours of waste burning during the shakedown period for determining operational readiness after construction, with the prior approval of the Director. | 11 |
8. Trial Burn: | . |
a. Changes In the approved trial burn plan for conducting an initial trial burn, provided the change is minor and has received the prior approval of the Director. | 1 1 |
b. Changes in the approved trial burn plan for conducting an initial trial burn, if the change is not minor. | 2 |
c. Changes in the approved trial burn plan to conduct additional trial burn testing under revised conditions if the unit has not met one or more conditions of a previous trial burn. | 2 |
d. Modification of permit conditions applicable during the post-trial burn period, with prior approval of the Director. | 2 |
e. Changes in the operating requirements set in the permit to reflect the results of the trial burn. Modification of the trial permit to incorporate final operating conditions will be either a Class 2 or 3 permit modification following the procedures of § 100.63(d)). | 2 or 3 |
9. Substitution of an alternative type of nonhazardous waste fuel that is not specified in the permit | 1 |
M. Containment Buildings. | |
1. Modification or addition of containment building units: | |
a. Resulting in greater than 25% increase in the facility's containment building storage or treatment capacity. | 3 |
b. Resulting in up to 25% increase in the facility's containment building storage or treatment capacity. | 2 |
2. Modification of a containment building unit or secondary containment system without increasing the capacity of the unit. | 2 |
3. Replacement of a containment building with a containment building that meets the same design standards provided: | |
a. The unit capacity is not increased. | 1 |
b. The replacement containment building meets the same conditions in the permit. | 1 |
4. Modification of a containment building management practice. | 2 |
5. Storage or treatment of different wastes in containment buildings: | |
a. That require additional or different management practices. | 3 |
b. That do not require additional or different management practices. | 2 |
N. Corrective Action: | |
1. Approval of a corrective action management unit pursuant to § 264.552 | 3 |
2. Approval of a temporary unit or time extension for a temporary unit pursuant to § 264.553. | 2 |
3. Approval of a staging pile or staging pile operating term extension pursuant to § 264.554 | 2 |
O. Burden Reduction | |
1. Reserved. | |
2. Development of one contingency plan based on Integrated Contingency Plan Guidance pursuant to § 264.52(b) | 1 |
3. Reserved. | |
4. Changes to inspection frequency for tank systems pursuant to § 264.195(b) | 1 |
5. Changes to detection and compliance monitoring program pursuant to: § § 264.98(d), (g)(2), and (g)(3), 264.99(f), and (g) | 1 |
FOOTNOTE: 1 Class 1 Modifications requiring prior Department approval.
Note: Permittees should use the procedures in §100.63(d) if a proposed modification is not listed in this appendix.
An attached statement of basis and purpose for these regulations has been adopted by the Board of Health and is hereby incorporated by reference in these regulations pursuant to C.R.S. 1973. 24-4-103.
PART 100 - Permits
PURPOSE
The fundamental purpose of the Part 100 regulations which are promulgated pursuant to C.R.S. 25-15-303 is to require a permit and establish permit conditions for the treatment, storage, or disposal of hazardous wastes because of the public health and environmental hazards that may accompany the improper treatment, storage, or disposal of hazardous wastes.
Additionally, regulations concerning the permitting of hazardous waste treatment, storage, and disposal facilities are a necessary and required component in conducting a hazardous waste management program; the State intends to obtain EPA authorization for a hazardous waste management program pursuant to C.R.S. 1973, 25-15-102. Such full state authorization to conduct the hazardous waste regulatory program can be granted only upon the determination that the State program is equivalent to that of the EPA.
BASIS FOR REGULATIONS
APPLICABILITY
These regulations establish basic permit requirements for the State Hazardous Waste Program and apply to hazardous waste treatment, storage, and disposal facilities. This part spells out in detail who must apply for a permit; contents of the applications; what conditions must be incorporated into permits; when permits may be modified, reissued, or terminated; and establishes the procedures to be followed in making permit decisions. This part also includes procedures for public participation in the permitting process, and establishes fees to be assessed against treatment, storage, and disposal facilities to offset the state costs of permitting those facilities.
Taken together with the technical performance standards contained in Part 264 and the financial assurance requirements of Part 266, these regulations establish the permit requirements for hazardous waste tank and container storage, incineration, land disposal, land treatment, waste piles, surface impoundments, and facilities that use physical treatment, chemical treatment, biological treatment, and thermal treatment.
PERMIT APPLICATION
These regulations require a State RCRA permit for the treatment, storage, or disposal of hazardous waste listed or identified in Part 261 of the regulations, unless specifically excluded under this part or Part 261. Permitting is a two-phased process. Existing faculties are required to submit Part A of the permit application and comply with the interim status standards contained in Parts 265 and 266, until such time as a complete application (Part B) is submitted or requested by the Director. Upon final administrative disposition of the Part B application and the issuance of a permit, both new and existing facilities will be required to comply with applicable requirements contained in Parts 264 and 266. (New HWM facilities must be issued a final permit before they are allowed to operate).
The regulations in this section describe who must apply for a permit, when one must apply,, and how to apply for a permit. These include requirements for both Part A and Part B of a permit application for existing and new facilities and provide for signature and certification of the permit application by the owner and operator of a facility. Applicants are required to maintain current information in their application so that the Department may carry out its responsibilities under other Parts of these regulations.
SPECIAL PERMITS
Certain facilities may be eligible for special permits and are subject to less than the full RCRA permitting requirements.
Interim Status
Under these regulations, existing hazardous waste management facilities that have complied with the notification and Part A application requirements may continue to operate until final administrative disposition of their Part B permit application is made. To achieve an adequate level of protection of public health and the environment, such facilities are required to comply with the interim status standards contained in Parts 265 and 266, until they have been issued a final State RCRA permit. Interim status facilities may not treat, store, or dispose of additional species of hazardous waste not given in the Part A application, nor add or change processes used to treat, store, or dispose of hazardous waste, nor increase or exceed the design capacity of processes used to treat, store, or dispose of hazardous wastes unless prior approval is given the Director. In addition, changes which amount to reconstruction of a hazardous waste facility are not allowed without prior approval of the Director. These requirements allow the Director to ensure that interim status facilities are properly prepared to expand and modify their operations in such a way that provides for compliance with standards and protection of public health and the environment.
Permits By Rule
Certain types of facilities are not required to apply to the Department for a full RCRA permit provided that they comply with certain other requirements contained in these regulations.
Extended Storage By Generators
Generators may qualify for a permit by rule for storage of hazardous wastes in tanks or containers. The conditions this authorization allow temporary on-site storage of hazardous wastes by generators who are faced with the difficulty of accumulating a sufficient waste load to be practicable for transportation, or who can otherwise demonstrate a need for storage of hazardous waste beyond the 90 days allowed under § 262.34. Since extended temporary storage by generators must be done in compliance with the substantive standards that are applicable to storage facilities, there should be adequate protection of public health and the environment.
Injection Wells And POTW's
Facilities that have a federal permit for underground injection of hazardous wastes or POTW's with an NPDES permit are exempt from obtaining a State RCRA permit to the extent that they comply with the conditions of their permit; POTW's are also subject to limited reporting and other Part 264 requirements if they accept for treatment, shipments of hazardous waste that meet all applicable pretreatment requirements. This avoids duplicative permitting requirements and is consistent with the Federal Consolidated Permit Regulations.
Short Term Permits
These regulations track EPA's regulations for emergency permits, hazardous waste trial burn incinerator permits and land treatment demonstration permits.
Emergency permits allow for the immediate response activities to be undertaken with abbreviated permitting procedures in the event of a hazardous materials spill.
Sections 264.272 and 264.344 provide that a treatment demonstration must be made prior to the permitting of any land treatment unit or incinerator. The purpose of these demonstration permits is to show that hazardous constituents in the waste can be completely degraded, transformed or immobilized. The § 264.272 and § 264.344 requirements allow the owner or operator to use, among other means, field tests or laboratory analyses to make the demonstration. However, field tests and laboratory analyses can only be performed under a permit because they involve the treatment and disposal of hazardous waste.
Trial Permits
The Committee has drafted regulations which allow the Director to issue trial permits for hazardous waste treatment processes other than land treatment or incineration. The purpose of these regulations is to encourage the development of innovative hazardous waste treatment processes or adaptation of existing specialized treatment processes for Colorado's waste stream. Promising technologies (i.e., those that would appear to meet Part 264 standards in full scale operation) could then be implemented for a facility after application for a full state RCRA permit is made and a state RCRA permit issued. Protection of public health and the environment would be insured by the incorporation of specific Parts 264 and 100 requirements into the trial permit, and a limitation on the quantity of waste that would be allowed to make the demonstration.
UIC Wells
These regulations incorporate the RCRA permitting requirements for underground injection wells. EPA requires equivalent RCRA permitting requirements for Class I wells (i.e. those injecting hazardous wastes) until an Underground Injection Control (UIC) program has been implemented by the State. Since Colorado has not assumed primacy for the UIC program, these regulations are necessary to provide protection of health and the environment in the management of hazardous wastes by underground injection.
General Permits
These regulations authorize the Department to issue general class permits for similar types or classes of hazardous waste management facilities. This will serve to abbreviate permit application procedures for relatively simple permits (e.g., tank storage) and avoid duplication of effort by the Department in parts writing permits for similar types of facilities. All applicable standards contained in Pans 264,266 and 100 will be incorporated into general permits, including requirements for public notice and other procedures contained in § 100.5 of these regulations.
FACILITY FEES
The committee has drafted regulations which impose fees upon treatment, storage, and disposal facilities to provide the funds necessary to offset the reasonable state program costs of permitting and regulating permitted facilities. Considerable time and attention was expended by the Committee in addressing this controversial issue.
The basis for these regulations is contained in C.R.S. Title 25 Article 15 which requires fees to be established, the amount of which "shall take into consideration the quantity and degree of hazard of the hazardous waste involved and whether it is to be treated, stored, or disposed of at the location. (Section 25-15-303(5)(a)).
Four types of fees are established under these regulations. An annual operating fee for all TSD facilities is imposed to partially offset the State's costs in compliance monitoring and other activities associated with regulating treatment, storage, and disposal activities. Facilities are assessed a fee based on the hazardous waste management method. This simple degree of hazard approach provides an incentive for practices the Department would like to encourage (Le. resource recovery) by instituting a lesser fee. Facilities that pose a greater risk of environmental harm (e.g. injection wells) are assessed a proportionately higher fee.
A second fee is applicable to TSD's at the time the Department requests or accepts an application for a full RCRA permit (Part B). This application review fee is assessed for the Department's technical and administrative time for reviewing, writing, and issuing (or denying) a permit, and the fee is an hourly charge for time spent by Department personnel.
Ceiling fees are established for differing classes of facilities in order to provide for efficient in the Department's review process and to allow for budgeting by the applicant Classes of facilities are again used as a simplified degree of hazard approach and take into account both the waste management method and the type of facility (i.e. treatment, storage, or disposal). Generally, permits are to be issued for a period of 10 years. When amortized over the duration of the permit, this fee would have minimal economic impact on the majority of facilities.
The third fee type is assessed for modification of existing RCRA permits. Minor modifications are subject to a flat fee of $25.00 for the administrative processing of the modification. Major modifications are subject to the hourly review and processing charge and the ceiling fees described for the permit application review fee, in addition to a $25.00 administrative processing charge. This type of fee should offset the Department's expense in processing the modification.
The fourth and final fee takes into consideration the quantity of waste as mandated by the authorizing statute. All treatment, storage, and disposal facilities are required to pay a $2.00 per ton fee for waste not shipped to another TSD facility in Colorado. Facility annual reports will be used to determine the amount of waste to be assessed this fee. By exempting wastes that are shipped to another Colorado TSD faculty, there will not be duplication in the assessment of fees for wastes that are shipped offsite for further treatment or storage and subsequent disposal. Non-commercial treatment and storage facilities (i.e. facilities that handle only the wastes produced on-site) will be subject to an annual limitation on the waste volume fee. This ceiling is set at $10,000 and reflects the Committee's opinion that there is less hazard associated with managing and transporting the limited (often only one) waste type(s) produced by a single facility.
The Committee believes that the fee structure should be revisited by the Board of Health after the Department has some experience with the collection of fees and developed a track record with administering and issuing RCRA permits. Projections of revenue that will be produced from the fees are difficult to make because of uncertain knowledge about the nature and volume of the Colorado waste stream at this time, and difficulties encountered in estimating the numbers of facilities that will apply for RCRA permits. In addition, it is anticipated that EPA will promulgate RCRA regulations for mining associated wastes within the next year. The future inclusion of high volume mining wastes may also render the fee schedule inequitable for those types of facilities.
While the Committee considered adopting a fee system based on the degree of hazard of individual waste streams, it was felt that there was too much uncertainty in this approach with the limited information available to the Committee. The Board of Health may wish to consider additional rulemaking in this area as the nature of the Colorado waste stream and waste disposal practices are more fully characterized.
PERMIT REQUIREMENTS
These regulations incorporate the information requirements to be provided by permit applicants.
Part A
Part A application requirements are applicable for TSD facilities that operate under the interim status standards contained in Parts 265 and 266. These information requirements will provide basic demographic and descriptive information concerning the nature of a hazardous waste facility and its waste/waste process stream. Information required in Part A applications is the same as that required by EPA.
Part B
Part B application requirements are applicable to facilities applying for a full State RCRA permit These include general information requirements required of all TSD facilities and specific information required of particular types of TSD facilities that will provide the Department with information sufficient to evaluate a hazardous waste management facility's ability to meet the standards contained in Parts 264 and 266.
The Committee adopted major changes to EPA's Part 264 performance standards regarding the location of facilities in areas of seismic activity and floodplains. The general information requirements of the Part B application have been changed to accommodate the changes in the appropriate Part 264 performance standards. The remainder of the Part B application requirements (both general and specific) track EPA's Part B application requirements.
PERMIT CONDITIONS
These regulations specify generally applicable permit conditions and duties of the permittee, which will be incorporated into all RCRA permits, and make provisions for incorporating additional conditions into permits based on the case-by-case circumstances surrounding a permit application. In particular, case by case analysis of permit applications is necessary to ensure compliance with all applicable requirements of these regulations and to allow for incorporation of requirements which are unique to certain types of facilities (e.g. groundwater monitoring is required of only certain types of land disposal facilities). These regulations also provide for incorporating schedules of compliance into permits to bring a noncomplying facility into conformance with the standards contained in these regulations as a condition of their permit. The permit conditions contained in these regulations are substantively equivalent to those promulgated by EPA.
Variance Provision
The Committee adopted a variance provision to provide relief in those unanticipated circumstances where imposition of the federal permit requirements would not make sense under Colorado circumstances, and where the environmental risk as a result of the variance is low. The applicant would have the burden of demonstrating equal protection of public health and the environment under the variance. Under this provision, a variance could not be granted unless protection of public health and the environment is as stringent in effect as that provided in these regulations and other applicable Colorado law.
PERMIT REVIEW AND ISSUANCE
These regulations detail the procedures by which permits are processed. Stages in this process include review of the Part B application for completeness of information, giving notice of intent to issue a draft permit or deny the permit application, issuing a draft permit and providing public notice and opportunity for public comment (and public hearing if there is sufficient interest), and issuance (or denial) of a final permit and response to public comment. These requirements parallel EPA's requirements for the administrative processing of permit applications, except as described below. The regulations are consistent with the State Administrative Procedures Act.
EPA does not require an administrative process appeal (i.e. administrative hearing) for permit decisions made by the Director as a condition of State authorization of the hazardous waste program. Such an appeal process would allow, by way of example, a permit applicant further opportunity to contest permit conditions established in the Director's final decision. Procedures for an administrative hearing were not included in these regulations because the Committee and the Department felt that an administrative process appeal would not provide an applicant a significantly different opportunity to remedy a grievance since the administrative process would retrace the same procedural steps leading to the final permit decision. Furthermore, the administrative appeal process would delay the issuance (or denial) of a final permit and present an increased burden upon the Department's limited time and resources. It should be noted that the applicant is not precluded from requesting the Department to readdress contested issues prior to the final permit decision and it is anticipated that most situations can be resolved in this manner. The permit applicant may also avail himself to the local district court for unresolved and contested permit conditions, as provided in the State Administrative Procedures Act and these regulations.
The Committee has also incorporated regulations that require the Department to give notice of intent to deny or issue a draft permit within six months of the date of receipt of a completed Part B permit application, and to issue a final permit decision within three months of the completion of the public comment period. These regulations were incorporated to promote efficiency in the Department's review process and to avoid unnecessary procedural delay for the commencement of operations at new facilities.
CHANGES IN PERMITS
Modification, Revocation & Termination of Permits
These regulations make provision for modifying, revoking and reissuing, or terminating State RCRA permits, either at the request of the permittee or at the request of the Director. Modifications, revocation and reissuance or termination of a RCRA permit by the Director must be made for cause as listed under these regulations and must follow the procedures referenced therein. These regulations track EPA's regulations and are required for State authorization.
Minor Modifications
Permittees may request to have an existing RCRA permit modified under the special provisions of these regulations for changes that, in the Director's discretion, do not significantly alter the terms and conditions of that permit. EPA's regulations for minor modifications to RCRA permits consist of a specific list that is inclusive of all changes that can be made without the process of Section 100.5. The Committee reached a consensus that Colorado's regulations should have more flexibility, to provide for unanticipated changes (i.e. those not included in list) that do not significantly alter the conditions of a permit. Therefore, the Committee developed regulatory language that allows the Director to determine, on a case-by-case evaluation, whether proposed modifications comprise substantial changes, and should be processed under the procedures of § § 100.5 and 100.61 or may be processed under the abbreviated procedures of this section.
Incorporated by reference in this statement are all background documents including scientific data prepared by EPA for these regulations. These documents address comments received on the interim final regulations published May 19,1980 (40 FR 33066 et seq.) and July 26,1982 (40 FR 32274 et seq.)
6 CCR 1007-3-100.6.63