Conn. Agencies Regs. § 22a-449(c)-104
- delete "c, d, f, or g" and replace with "c, f, g and h"
- after each occurrence of "handling" add "or transporting"
- in the second sentence, after "handlers" add "and transporters"
- after "273" add "and section 22a-449(c) -113(b) of the Regulations of Connecticut State Agencies"
- delete "and"
- delete the period and replace with "; and"
- add a new paragraph (v) as follows: "(v) used electronics as described in section 22a-449(c) -113(b) of the Regulations of Connecticut State Agencies."
- delete "(45 FR 12746)"
- delete "a biodegradable sorbent to the waste in the container" and replace with "a non-biodegradable sorbent in accordance with 40 CFR 264.316(b) "
- delete ", and to owners and operators of off-site facilities with respect to waste military munitions exempted from manifest requirements under 40 CFR 266.203(a). Section 264.73(b)" and replace with ". 40 CFR 264.73(b)(9) "
- after "generator" add ", generator state and consignment state"
- after each "generator" add ", generator state and consignment state"
- delete "and"
- delete the last "and"
- delete the paragraph in its entirety and replace with the following: "(17) Any other information required by section 22a-449(c) -104 of the Regulations of Connecticut State Agencies to be maintained in the operating record."
- after paragraph (j), add a new paragraph (k) as follows: "(k) Any other information which the commissioner specifies relating to the facility's activities. The commissioner shall specify such information in writing prior to submission of the report."
- delete "except as provided in paragraph (b) of this section, the" and replace with "the"
- delete "from any solid waste management unit"
- delete "at which waste was placed in the unit" and replace with "such release occurred"
- delete "If the facilities covered by the mechanism are in more than one Region, identical evidence of financial assurance must be submitted to and maintained with the Regional Administrator of all such Regions." and replace with "If the facilities covered by the mechanism are in more than one state, identical evidence of financial assurance submitted for such facilities to any other EPA regional office or state agency regulating hazardous waste shall be submitted to the commissioner."
- delete "direct of higher-tier" and replace with "direct or higher-tier"
- delete "If the facilities covered by the mechanism are in more than one Region, identical evidence of financial assurance must be submitted to and maintained with the Regional Administrator of all such Regions." and replace with "If the facilities covered by the mechanism are in more than one state, identical evidence of financial assurance that is submitted for such facilities to any other EPA regional office or state agency regulating hazardous waste shall be submitted to the commissioner."
- in the letter entitled "Letter From Chief Financial Officer", in the fourth line of the third paragraph delete "of "both" and replace with "or "both"
- in the letter entitled "Letter From Chief Financial Officer", in the eighth line of the paragraph numbered "3", delete "subpart H or" and replace with "subpart H of"
- in the letter entitled "Letter From Chief Financial Officer", under "Alternative I" delete "*3. Current $ ______." and replace with "*3. Current liabilities ______."
- under "Guarantee For Liability Coverage", in the sixteenth line delete "or" and replace with "of"
- under "Guarantee For Liability Coverage", in the twentieth line delete "264.141(h)" and replace with "264.141(h) or 265.141(h)"
- under "Certification of Valid Claim", in the eighth line delete "or disposal facility" and replace with "or disposal facility]"
- add the following paragraph at the end of the section: "(o) Whenever 40 CFR 264.151 requires that owners and operators of facilities in more than one state provide notice of their financial obligations to several regional administrators or to several state agencies regulating hazardous waste, such owner or operator shall provide the required notice to both the Commissioner of Environmental Protection and to all such regional administrators or state agencies regulating hazardous waste."
- delete "underly" and replace with "underlie"
- after "performed" add "and the tank system shall successfully pass a test for tightness"
- in the Note, after each "as amended" add "and chapter 446k of the Connecticut General Statutes"
- after "demonstrates" add "to the Commissioner and the Commissioner agrees"
- at the end of the paragraph add "The owner or operator shall make all reasonable efforts to mitigate the effect of the release."
- delete "Regional Administrator within 24 hours of" and replace with "commissioner immediately upon"
- delete "If the release has been reported pursuant to 40 CFR Part 302, that report will satisfy this requirement" and replace with "Any release that has been reported to the National Response Center pursuant to 40 CFR 302, shall still be reported separately to the commissioner using the 24-hour Emergency Spill Response telephone number at (860) 424-3338 or, if that number is unavailable, at (860) 424-3333. In addition to this oral notification, the owner or operator shall comply with all other applicable reporting or notification requirements regarding the release, including but not limited to, reporting required by section 22a-450 of the Connecticut General Statutes."
- delete "shall" and replace with "may, in the commissioner's discretion,"
- delete "shall" and replace with "may, in the commissioner's discretion,"\
- delete "surface impoundment" and replace with "waste pile"
- after "degraded" add "or" and delete "or immobilized"
- after "degraded" add "or" and delete "or immobilized"
- delete "paragraphs (3)(c)(iii) and (iv)" and replace with "paragraphs (c)(3)(iii) and (iv)"
- delete "shall" and replace with "may, in the commissioner's discretion,"
- delete "surface impoundment" and replace with "landfill"
- after "a sufficient quantity of" add "nonbiodegradable"
- delete ", determined to be nonbiodegradable in accordance with § 264.314(e),"
- at the end of the paragraph add "For purposes of this paragraph, nonbiodegradable sorbents are (i) inorganic minerals, other inorganic materials, and elemental carbon (e.g., aluminosilicates, clays, smectites, Fuller's earth, bentonite, calcium bentonite, montmorillonite, calcined montmorillonite, kaolinite, micas (illite), vermiculites, zeolites; calcium carbonate (organic free limestone); oxides/hydroxides, alumina, lime, silica (sand), diatomaceous earth; perlite (volcanic glass); expanded volcanic rock; volcanic ash; cement kiln dust; fly ash; rice hull ash; activated charcoal/activated carbon); or (ii) high molecular weight synthetic polymers (e.g., polyethylene, high density polyethylene (HDPE), polypropylene, polystyrene, polyurethane, polyacrylate, polynorborene, polyisobutylene, ground synthetic rubber, cross-linked allylstyrene and tertiary butyl copolymers); or (iii) mixtures of these nonbiodegradable materials. A sorbent is also nonbiodegradable if it is determined to be nonbiodegradable under any of the following tests: (i) ASTM Method G21-70 (1984a)-Standard Practice for Determining Resistance of Synthetic Polymer Materials to Fungi; or (ii) ASTM Method G22-76 (1984b)-Standard Practice for Determining Resistance of Plastics to Bacteria; or (iii) OECD test 301B: (CO2 Evolution Modified Strum Test). Nonbiodegradable sorbents do not include polymers derived from biological material or polymers specifically designed to be degradable."
- delete "must" and replace with "may"
- delete "(b)(1)(i)" and replace with "(c)(1)(i)"
-- delete the introductory paragraph in its entirety and replace with the following: "The requirements of 40 CFR 264.552 shall apply to areas at a facility that, for purposes of implementing remedies under 40 CFR 264.101 or section 22a-449(c)-105(h) of the Regulations of Connecticut State Agencies, the commissioner designates as a corrective action management area or "CAMU". A CAMU shall be located within the contiguous property under the control of the owner or operator where the wastes to be managed in the CAMU originated. The commissioner may designate one or more areas at a facility as a CAMU.
In order for the commissioner to designate an area at a facility as a CAMU, the owner or operator of the facility shall submit to the commissioner information demonstrating how the CAMU complies with the requirements of 40 CFR 264.552, including 40 CFR 264.552(c)(1) to (7), inclusive, and a proposal regarding the design, operation, and closure of the CAMU, including any post-closure requirements that, at a minimum, includes the information specified in 40 CFR 264.552(e)(1) to (4), inclusive. The owner or operator shall provide the commissioner with any additional information that the commissioner deems necessary regarding the potential designation of an area at a facility as a CAMU. A CAMU shall either be designated in a permit issued pursuant to section 22a-449(c) -110 of the Regulations of Connecticut State Agencies or, for facilities operating under interim status, in an order issued by the commissioner."
- after "hazardous wastes" add ", although the Commissioner may, at his discretion, apply the land disposal restrictions in 40 CFR 268 to the placement of such wastes"
- after "requirements" add ", although the Commissioner may, at his discretion, apply the minimum technology requirements to a CAMU"
- delete "to that portion of the CAMU after incorporation into the CAMU" and replace with "to the entire CAMU designated by the commissioner. In addition, the commissioner may, at his discretion, apply any requirement or all the requirements of 40 CFR 264, subpart B, C, D, E, BB or CC to any regulated unit that the commissioner designates as a CAMU under 40 CFR 264.552(b) "
- delete "designate a CAMU in accordance with the following" and replace with "utilize the following criteria in determining whether to designate a CAMU"
- delete ", to the extent practicable"
- delete ", when appropriate and practicable"
- delete "permit or order" and replace with "permit or, for a facility operating under interim status, in an order the design, operating, closure, and, if necessary, the post-closure"
- add a new paragraph (5) as follows: "(5) Any requirement that the commissioner deems necessary to protect human health or the environment, including but not limited to, application of financial responsibility requirements."
- delete "for areas where waste remains in place,"
- after "surface waters," add "groundwaters"
delete "." and replace with ";"
- add a new paragraph (G) as follows: "(G) Any other factor that the commissioner deems necessary to protect human health and the environment."
- delete "for areas where wastes will remain in place"
- after "CAMU" add "and any modification to the incorporation of or requirements regarding any such CAMU"
- at the end of the paragraph add the following: "public participation procedures equivalent to those specified in 40 CFR 270.42 shall be followed regarding the designation of a CAMU in an order and any subsequent modifications to any such order regarding a CAMU."
- after "decisions." add "In addition, the designation of a CAMU does not affect an owner or operator's requirement to comply with all applicable state requirements, including but not limited to, compliance with sections 22a-133k-1 to 22a-133k-3, inclusive, of the Regulations of Connecticut State Agencies."
-- delete the introductory paragraph in its entirety and replace with the following: "The requirements of 40 CFR 264.553 shall apply to the designation by the commissioner, for purposes of implementing remedies under 40 CFR 264.101 or section 22a-449(c) -105(h) of the Regulations of Connecticut State Agencies, of alternative requirements for temporary tanks or container storage areas used for treatment or storage of remediation wastes. Such alternative requirements may replace the requirements otherwise applicable to any such tank or container storage area. Any such temporary tank or container storage area used for treatment or storage of remediation waste must, however, be located within the contiguous property under the control of the owner or operator where the wastes to be managed in the temporary unit originated.
In order for the commissioner to designate alternative requirements for a temporary tank or container storage area used for treatment or storage of remediation wastes, the owner or operator of any such tank or container storage area shall submit to the commissioner a detailed plan demonstrating how proposed alternative requirements comply with the requirements of 40 CFR 264.553, and a proposal regarding the design, operation, and closure of any such tank or container storage area, including any post-closure requirements that, at a minimum, addresses the items in 40 CFR 264.553(c). The owner or operator shall provide the commissioner with any additional information that the commissioner deems necessary regarding the potential designation of alternative requirements for any such temporary tank or container storage area. The alternative requirements for a temporary tank or container storage area used for treatment or storage of remediation wastes shall be designated either in a permit issued pursuant to section 22a-449(c) -110 of the Regulations of Connecticut State Agencies or, for facilities operating under interim status, in an order issued by the commissioner."
- delete the "." and replace with "; and"
- add a new paragraph (8) as follows: "(8) Any other factor that the commissioner deems necessary to protect human health and the environment."
- after "permit or" add ", for a facility operating under interim status, in the"
- delete "and closure" and replace with ", closure and, if necessary, post-closure"
- after the last sentence add: "The commissioner may specify any condition that the commissioner deems necessary to protect human health or the environment regarding a temporary unit, including, but not limited to, application of financial responsibility requirements."
- after "permit or" add ", for a facility operating under interim status, in the"
- add a new sentence before the introductory paragraph as follows: "Public participation procedures equivalent to those specified in 40 CFR 270.42 shall be followed regarding the commissioner's designation, in an order, of alternative requirements, or any subsequent modification to any such requirements, for a temporary tank or container storage area used for treatment or storage of remediation waste pursuant to 40 CFR 264.553."
- after the second occurrence of "temporary unit" add "or the modification of any alternative requirement designated by the commissioner"
- delete the entire paragraph and replace with the following: "(a) The requirements of this subpart apply to owners and operators of facilities that use new or existing drip pads to convey treated wood drippage, precipitation, or surface water run-off to an associated collection system.
- delete "Federal" and replace with "state of Connecticut"
- delete "§ 264.572(a) instead of § 264.572(b)" and replace with " 40 CFR 264.572(b) instead of 40 CFR 264.572(a) "
- delete "§ 264.572(b) instead of § 264.572(a)" and replace with " 40 CFR 264.572(a) instead of 40 CFR 264.572(b) "
- after "provisions as" add "the commissioner deems necessary"
- delete "are appropriate" and replace with "the commissioner deems necessary"
- delete "under § 124.15 or reviewed under § 270.50"
- delete "by implementing the following requirements"
- delete "in accordance with the following requirements" and replace with "to ensure proper operation and maintenance of such system. At a minimum, such monitoring and inspection shall include compliance with the following requirements"
- in the second sentence delete "following any" and replace with "each"
- delete "in accordance with the following requirements" and replace with "to ensure proper operation and maintenance of such system. At a minimum, such monitoring and inspection shall include compliance with the following requirements"
- after "knowledge of the waste," add "the owner or operator shall, within thirty days, or another time period approved by the commissioner in writing, implement"
- delete "may be used" and replace with "or another approach that the commissioner approves in writing"
- delete "under § 124.15 or reviewed under § 270.50"
- after "weight," add "the owner or operator shall comply with"
- delete "can be used" and replace with "or another approach that the commissioner approves in writing"
- after "plan" add ", provided the owner or operator has complied with or remains in compliance with the closure plan approved by the commissioner"
- after "plan" add ", provided the owner or operator has complied with or remains in compliance with the closure plan approved by the commissioner"
- delete "in accordance with" and replace with "in compliance with"
- delete the paragraph in its entirety and replace with the following "(c) Notwithstanding 40 CFR 264.1080(a), the requirements of 40 CFR 265, subpart CC shall apply to a hazardous waste management unit that would otherwise be subject to the requirements of 40 CFR 264, subpart CC provided:
Provided, and only if, all three of these conditions are satisfied, the requirements of 40 CFR 265, subpart CC shall apply until any permit described in 40 CFR 264.1080(c) is renewed. The requirements of 40 CFR 264, subpart CC shall apply if and when any permit described in 40 CFR 264.1080(c) is renewed."
- delete "are administratively stayed for" and replace with "shall not apply to"
- delete "when" and replace with "provided"
- delete "meets" and replace with "has complied with and remains in compliance with"
- after "identifies" add ", in writing as part of documentation prepared and maintained pursuant to 40 CFR 264.1089(i),"
- after "the facility owner or operator" add "and shall note that documentation prepared in compliance with 40 CFR 264.1080(d)(2) and 264.1089(i) shall be made available if requested by the commissioner"
- delete "the Act,"
- delete "each hazardous waste management unit" and replace with "each tank, surface impoundment, and container"
- after "has been reduced" add "or destroyed"
- delete "has either"
- delete "Been issued a final permit" and replace with "has a currently valid and effective permit issued by the commissioner"
- delete "has either"
- delete "Been issued a final permit" and replace with "has a currently valid and effective permit issued by the commissioner"
- after "Waste Operations" add "and all applicable state air pollution control requirements"
- after "appendix B" add "and all applicable state air pollution control requirements"
- after the second occurrence of "Total Enclosure"" add "in 40 CFR 52.741, appendix B"
- after "appropriate method" add "and the owner or operator shall perform a waste determination using the method specified by the commissioner"
- delete "An initial" and replace with "An owner or operator shall perform an initial"
- delete each occurrence of "shall be made"
- after "thereafter" add "an owner or operator shall perform"
- delete "Perform" add "An owner or operator shall perform"
- delete "An initial" and replace with "An owner or operator shall perform an initial"
- delete "shall be made"
- after "thereafter" add "an owner or operator shall"
- delete "Perform" and replace with "An owner or operator shall perform"
- delete "meet" and replace with "comply with"
- delete "a hazardous waste" and replace with "each hazardous waste"
- delete "designed to meet" and replace with "that meets"
- delete "be designed to"
- after "installed" add "and maintained"
- delete "meet" and replace with "comply with"
- delete "meet" and replace with "comply with"
- delete "design the external floating roof in accordance with" and replace with "ensure that an external floating roof meets"
- delete "be designed to"
- delete "the metallic shoe seal shall be designed so that one end extends" and replace with "one end of the metallic shoe seal shall extend"
- delete "other end extends" and replace with "other end shall extend"
- delete "meet" and replace with "comply with"
- delete "perform the inspections" and replace with "inspect the air emission control equipment"
- delete "meet" and replace with "comply with"
- delete "be designed not to" and replace with "not"
- delete "or the following conditions as" and replace with "condition
- delete "meet" and replace with "comply with"
- after "appendix B" add "and all applicable state air pollution control requirements"
- after the second reference to "Total Enclosure"" add "under 40 CFR 52.741, Appendix B"
- delete "subpart" and replace with " 40 CFR 264.1084 "
- delete "the procedures specified in the applicable section of this subpart" and replace with "the applicable procedures in 40 CFR 264.1084 "
- at the end of the paragraph add the following: "This written plan and schedule and the results of all inspections shall be maintained in the facility operating record."
- delete "the surface impoundment" and replace with "each surface impoundment subject to this section"
- after "installing" add ", maintaining"
- delete "meet" and replace with "comply with"
- delete "designed to meet the following specifications" and replace with "that complies with the following requirements"
- delete "be designed to"
- delete "perform the inspections" and replace with "inspect the floating membrane cover and its closure devices"
- delete "meet" and replace with "comply with"
- delete "be designed to"
- delete each occurrence of "be designed to"
- delete "perform the inspections" and replace with "inspect the air emission control equipment"
- delete "subpart" and replace with " 40 CFR 264.1085 "
- delete "the procedures specified in the applicable section of this subpart" and replace with "the applicable procedures in 40 CFR 264.1085 "
- at the end of the paragraph add the following: "This written plan and schedule and the results of all inspections shall be maintained in the facility operating record."
- after "removed from the container and" add "placed in a container that complies with the requirements of 40 CFR 264.1086."
- delete the third occurrence of "the container" and replace with "The defective container"
- after "removed from the container and" add "placed in a container that complies with the requirements of 40 CFR 264.1086."
- delete the third occurrence of "the container" and replace with "The defective container"
- delete "meet" and replace with "comply with"
- after "appendix B" add "and any applicable state air pollution control requirements"
- after the second occurrence of "Total Enclosure" add "under 40 CFR 52.741, appendix B"
- delete "subpart" and replace with " 40 CFR 264.1086 "
- delete "Each potential" and replace with "For purposes of determining whether a container operates with no detectable emissions, the owner or operator shall check each potential"
- delete ", shall be checked"
- delete "The test shall be performed" and replace with "In determining whether a container operates with no detectable emissions, the owner or operator shall perform the test"
- delete "Procedure for determining a container to be" and replace with "In determining whether a container is"
- after "section" add ", the following shall apply"
- delete "The closed-vent system shall meet" and replace with "The owner or operator of a closed-vent system shall comply with"
- delete "meets" and replace with "complies with"
- at the beginning of the paragraph add the following: "Except as is provided for in 40 CFR 264.1087(c)(2), a control device shall comply with the applicable specifications and requirements in 40 CFR 264.1087(c)(1)(i) to (iii), inclusive, at all times when gases, vapors or fumes are vented from the waste management unit through the closed vent system to the control device."
- delete "The control device shall meet" and replace with "The owner or operator of a control device shall comply with"
- delete "operate the closed-vent system such that" and replace with "not allow"
- delete "are not actively vented" and replace with "to be vented"
- at the beginning of the paragraph add the following: "The owner or operator shall determine whether carbon removed from a control device is a hazardous waste in accordance with 40 CFR 262.11."
- after "design analysis" add "as specified in 40 CFR 264.1087(c)(5)(iv), then such design analysis cannot be used to demonstrate compliance with the requirements of 40 CFR 264.1087 and within sixty (60) days of being notified of such disagreement, the owner or operator shall perform a performance test as specified in 40 CFR 264.1087(c)(5)(iii)."
- delete "then the disagreement shall be resolved using the" and replace with "The"
- after "section" add "shall be used to determine compliance with 40 CFR 264.1087 "
- after " 40 CFR 264.15 " add ", including recording inspections in accordance with 40 CFR 264.15(d) "
- delete "a minimum of three years" and replace with "the facility until closure of the facility"
- in the third sentence delete "operating record until the" and replace with "operating record for a minimum of three years after any"
- after "conducted" add ", the name of the inspector and a notation of any observations made during the inspection"
- after "collected," add "the name of the person taking the samples, a description of the sampling methodology,"
- after "performed," add "the name of the person taking the measurements, a description of the device(s) used to take the measurements,"
- after "conducted" add ", the name of the inspector and a notation of any observations made during the inspection"
- after "shall be provided" add "in the facility operating record"
- delete "when hazardous waste is placed in the waste management unit in" and replace with "of"
- in the third sentence after "written report" add "to the Commissioner"
- after "becomes aware" add "or should have become aware"
- after "contain the" add "the facility's"
- delete "when hazardous waste is managed in a tank in" and replace with "of"
- in the second sentence after "written report" add "to the Commissioner"
- after "becomes aware" add "or should have become aware"
- after "contain the" add "the facility's"
- delete "excepted" and replace with "except"
- delete "The report shall describe each occurrence during the previous 6-month period when a control device is operated continuously for 24 hours or longer in noncompliance with the applicable operating values defined in § 264.1035(c)(4) or when a flare is operated with visible emissions as defined in § 264.1033(d)."
- after "The written report shall include the" add "the facility's"
The owner or operator of a facility shall submit to the Commissioner the original cost-estimates for closure and post-closure care and all subsequent adjustments to the cost-estimates within thirty days of their completion in accordance with 40 CFR 264.142 and 40 CFR 264.144.
As soon as waste begins to accumulate in a tank or tank system, the owner or operator shall clearly label the tank or the tank system, whichever would be more conspicuous, with "Hazardous Waste" and other words which clearly identify the contents of the tank or tank system, such as "flammable", "acid", "alkaline", "cyanide", "reactive", "explosive", "halogenated solvent" or the chemical name. If it is not possible to label the tank or tank system so that the label is conspicuous, then the area adjacent to the tank or tank system shall be labeled as prescribed in this subsection so that the identification of the contents of the tank is clearly visible for inspection.
Treatment, storage, or disposal of hazardous waste by underground injection is prohibited.
The owner or operator of a hazardous waste facility using containers to store hazardous waste, shall ensure that each container storing hazardous waste is labeled or marked clearly with the words "Hazardous Waste" and other words that identify the contents of the container such as "flammable", "acid", "alkaline", "cyanide", "reactive", "explosive", "halogenated solvent" or the chemical name.
Conn. Agencies Regs. § 22a-449(c)-104