S.C. Code Ann. Regs. 61-79.270
SUBPART A
General Information
270.1. Purpose and scope of these regulations.
(a) Coverage
(1) The regulations in this part cover basic permitting requirements, such as application requirements, standard permit conditions, and monitoring and reporting requirements. These regulations are part of a regulatory scheme implementing RCRA in the State of South Carolina, as set forth in different parts of the South Carolina Hazardous Waste Management Regulations (SCHWMR), R.61-79. The following chart indicates where the regulations implementing RCRA appear in the SCHWMR. (revised 12/92)
| Appendix A-12: Purpose and Scope of Regulations | ||
| Section of RCRA | Coverage | Final regulation as appears in R.61-79 (SCHWMR) |
| Subtitle C | Overview and definitions | R.61-79.260 |
| 3001 | Identification and listing of hazardous waste | R.61-79.261 |
| 3002 | Generators of hazardous waste | R.61-79.262 |
| 3003 | Transporters of hazardous waste | R.61-79.263 |
| 3004 | Standards for HWM facilities | R.61-79.264, .265, and .266 |
| 3005 | Permit requirements for HWM facilities | R.61-79.270 and R.61-79.124 |
| 3010 | Preliminary notification of HWM activity | Sections 44-56-120; 45 FR 12746 February 26, 1980 |
(c) Scope of the Permit Requirement.
(1) Specific inclusions. Owners and operators of certain facilities require hazardous waste permits as well as permits under other programs for certain aspects of facility operation. Hazardous waste permits are required for:
(ii) Treatment, storage, or disposal of hazardous waste at facilities requiring an NPDES permit. However, the owner and operator of a publicly owned treatment works receiving hazardous wastes will be deemed to have a hazardous waste permit for that waste if they comply with the requirements of 270.60(c).
(iii) Barges or vessels that dispose of hazardous waste by ocean disposal and on shore hazardous waste treatment or storage facilities associated with an ocean disposal operation. However, the owner and operator will be deemed to have a hazardous waste permit for ocean disposal from the barge or vessel itself if they comply with the requirements of Section 270.60(a) (permit-by-rule for ocean disposal barges and vessels). (revised 12/92)
(2) Specific exclusions and exemptions. The following persons are among those who are not required to obtain a RCRA permit under these regulations:
(ii) Farmers who dispose of hazardous waste pesticides from their own use as provided in R.61-79.262.70.
(iii) Persons who own or operate facilities solely for the treatment, storage or disposal of hazardous waste excluded from regulations under this Part by R.61-79.261.4 or 262.14 (very small quantity generator exemption).
(vi) Transporters storing manifested shipments of hazardous waste in containers meeting the requirements of R.61-79.262.30 at a transfer facility for a period of ten days or less.
(vii) Persons adding absorbent material to waste in a container (as defined in R.61-79.260.10) and persons adding waste to absorbent material in a container, provided that these actions occur at the time waste is first placed in the container; and R.61-79.264.17(b), 264.171, and 264.172 are complied with.
(viii) Universal waste handlers and universal waste transporters (as defined in R.61-79.260.10) managing the wastes listed below. These handlers are subject to regulation under R.61-79.273.
(3) Further exclusions.
(i) A person is not required to obtain a permit for treatment or containment activities during immediate response to any of the following situations:
(ii) Any person who continues or initiates hazardous waste treatment or containment activities after the immediate response is over is subject to all applicable requirements of these Regulations for those activities.
(iii) In the case of emergency responses involving military munitions, the responding military emergency response specialist’s organizational unit must retain records for three years identifying the dates of the response, the responsible persons responding, the type and description of material addressed, and its disposition.
(5) Closure by removal. (amended 11/90) Owners/operators of surface impoundments, land treatment units, and waste piles closing by removal or decontamination under 265 standards must obtain a post-closure permit unless they can demonstrate to the Department that the closure met the standards for closure by removal or decontamination in 264.228, 264.280(e) or 264.258, respectively. The demonstration may be made in the following ways:
(ii) If the owner/operator has not submitted a Part B application for a post-closure permit, the owner/operator may petition the Department for a determination that a post-closure permit is not required because the closure met the applicable Part 264 closure standards.
(6) Procedures for closure equivalency determination.
(ii) The Department will determine whether the Part 265 closure met 264 closure by removal or decontamination requirements within 90 days of its receipt. If the Department finds that the closure did not meet the applicable Part 264 standards, will provide the owner/operator with a written statement of the reasons why the closure failed to meet Part 264 standards. The owner/operator may submit additional information in support of an equivalency demonstration within 30 days after receiving such written statement. The Department will review any additional information submitted and make a final determination within 60 days.
(iii) If the Department determines that the facility did not close in accordance with Part 264 closure by removal standards, the facility is subject to post-closure requirements.
270.2. Definitions.
The following definitions apply to R.61-79.270 and R.61-79.124. Terms not defined in this section have the meaning given by those included in R.61-79.260 Subpart B and by S.C. Hazardous Waste Management Act Section 44-56-10 et al.
“Application” means the standard forms for applying for a permit, including any additions, revisions or modifications to the forms; or forms approved by the Department, including any approved modifications or revisions. Application also includes the information required by the Department under Sections 270.14 through 270.29 (contents of Part B of the application).
Aquifer means a geological formation, group of formations, or part of a formation that is capable of yielding a significant amount of water to a well or spring.
“Closure” means the act of securing a Hazardous Waste Management facility pursuant to the requirements of Part 264.
“Component” means any constituent part of a unit of any group of constituent parts of a unit which are assembled to perform a specific function (e.g., a pump seal, pump, kiln liner, kiln thermocouple).
“Corrective Action Management Unit” or “CAMU” means an area within a facility that is designated by the Department under part 264 subpart S, for the purpose of implementing corrective action requirements under Sections 264.101 and RCRA section 3008(h). A CAMU shall only be used for the management of remediation wastes pursuant to implementing such corrective action requirements at the facility.
“CWA” means the Clean Water Act (formerly referred to as the Federal Water Pollution Control Act or Federal Water Pollution Control Act amendments of 1972) Pub. L. 92-500, as amended by Pub. L. 92-217 and Pub. L. 95-576; 33 U.S.C. 1251 et seq.
Disposal means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any hazardous waste into or on any land or water so that such hazardous waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including ground water.
“Disposal facility” means a facility or part of a facility at which hazardous waste is intentionally placed into or on the land or water, and at which hazardous waste will remain after closure. The term disposal facility does not include a corrective action management unit into which remediation wastes are placed. (revised 12/92)
“Draft permit” means a document prepared under R.61-79.124.6 indicating the tentative decision to issue or deny, modify, revoke and reissue, terminate, or reissue a permit. A notice of intent to terminate a permit, and a notice of intent to deny a permit, as discussed in Section 124.5, are types of draft permits. A denial of a request for modification, revocation and reissuance, or termination, as discussed in Section 124.5 is not a “draft permit.” A proposed permit is not a draft permit.
“Elementary neutralization unit” means a device which: (a) is used for neutralizing wastes only because they exhibit the corrosivity characteristic defined in 261.22, or are listed in 261 Subpart D only for this reason; and (b) meets the definition of tank, tank system, container, transport vehicle, or vessel in 260.10.
“Emergency permit” means a permit issued in accordance with Section 270.61.
Environmental Protection Agency (EPA) means the United States Environmental Protection Agency.
EPA means the United States Environmental Protection Agency.
Existing hazardous waste management (HWM) facility or existing facility means a facility which was in operation or for which construction commenced on or before November 19, 1980. A facility has commenced construction if:
(a) The owner or operator has obtained the Federal, State and local approvals or permits necessary to begin physical construction; and either
(2) The owner or operator has entered into contractual obligations which cannot be canceled or modified without substantial loss for physical construction of the facility to be completed within a reasonable time.
“Facility” or “activity” means any HWM facility or any other facility or activity (including land or appurtenances thereto) that is subject to regulation under these regulations.
“Facility mailing list” means the mailing list for a facility maintained by the Department in accordance with 124.10 (amended 11/90; edited 12⁄95 ; 5/96).
“Federal, State and local approvals or permits necessary to begin physical construction” means permits and approvals required under Federal, State or local hazardous waste control statutes, regulations or ordinances.
“Functionally equivalent component” means a component which performs the same function or measurement and which meets or exceeds the performance specifications of another component.
Generator means any person, by site location, whose act, or process produces hazardous waste identified or listed in part 261.
Ground water means water below the land surface in a zone of saturation.
Hazardous waste means a hazardous waste as defined in 261.3.
“Hazardous Waste Management facility (HWM facility)” means all contiguous land, and structures, other appurtenances, and improvements on the land, used for treating, storing, or disposing of hazardous waste. A facility may consist of several treatment, storage, or disposal operational units (for example, one or more landfills, surface impoundments, or combinations of them).
HWM facility means Hazardous Waste Management facility.
Injection well means a well into which fluids are being injected.
In operation means a facility which is treating, storing, or disposing of hazardous waste.
“Interim authorization” means approval by EPA of a State hazardous waste program which has met the requirements of section 3006(g)(2) of RCRA and applicable requirements of part 271, subpart B. (added 5/96)
Manifest means the shipping document originated and signed by the generator which contains the information required by subpart B of part 262.
“Major facility” means any facility or activity classified by the Department.
National Pollutant Discharge Elimination System means the national program for issuing, modifying, revoking and reissuing, terminating, monitoring and enforcing permits, and imposing and enforcing pretreatment requirements, under sections 307, 402, 318, and 405 of the CWA. The term includes an approved program.
NPDES means National Pollutant Discharge Elimination System.
New HWM facility means a Hazardous Waste Management facility which began operation or for which construction commenced after November 19, 1980.
“Offsite” means any site which is not onsite.
Onsite means on the same or geographically contiguous property which may be divided by public or private right(s) of way, provided the entrance and exit between the properties is at a crossroads intersection, and access is by crossing as opposed to going along, the right(s) of way. Noncontiguous properties owned by the same person but connected by a right of way which the person controls and to which the public does not have access, is also considered onsite property.
Owner or operator means the owner or operator of any facility or activity subject to regulation under RCRA.
“Permit” means an authorization, license, or equivalent control document issued by the Department to implement the requirements of this Part and R.61-79.124. Permit includes permit by rule (270.60), and emergency permit (270.61). Permit does not include interim status (subpart G of this part), or any permit which has not yet been the subject of final agency action, such as a draft permit or a proposed permit.
“Permit-by-rule” means a provision of these regulations stating that a facility or activity is deemed to have a RCRA permit if it meets the requirements of the provision.
Person means an individual, association, partnership, corporation, municipality, State or Federal agency, or an agent or employee thereof.
“Physical construction” means excavation, movement of earth, erection of forms or structures, or similar activity to prepare an HWM facility to accept hazardous waste.
“POTW” means publicly owned treatment works.
“Publicly owned treatment works (POTW)” means any device or system used in the treatment (including recycling and reclamation) of municipal sewage or industrial wastes of a liquid nature which is owned by a State or municipality. This definition includes sewers, pipes, or other conveyances only if they convey wastewater to a POTW providing treatment.
RCRA means the Solid Waste Disposal Act as amended by the Resource Conservation and Recovery Act of 1976 (Pub. L. 94-580, as amended by Pub. L. 95-609 and Pub. L. 96-482, 42 U.S.C. 6901 et seq.)
Remedial Action Plan (RAP) means a special form of hazardous waste permit that a facility owner or operator may obtain instead of a permit issued under 270.3 through 270.66, to authorize the treatment, storage or disposal of hazardous remediation waste (as defined in 260.10) at a remediation waste management site.
“Schedule of compliance” means a schedule of remedial measures included in a permit, including an enforceable sequence of interim requirements (for example, actions, operations, or milestone events) leading to compliance with the S.C. Hazardous Waste Management Act and regulations.
“SDWA” means the Safe Drinking Water Act.
“Site” means the land or water area where any facility or activity is physically located or conducted, including adjacent land used in connection with the facility or activity.
Storage means the holding of hazardous waste for a temporary period, at the end of which the hazardous waste is treated, disposed, or stored elsewhere.
“Transfer facility” means any transportation-related facility including loading docks, parking areas, storage areas and other similar areas where shipments of hazardous waste are held during the normal course of transportation.
Transporter means a person engaged in the offsite transportation of hazardous waste by air, rail, highway or water.
Treatment means any method, technique, or process, including neutralization, designed to change the physical, chemical, or biological character or composition of any hazardous waste so as to neutralize such wastes, or so as to recover energy or material resources from the waste, or so as to render such waste nonhazardous, or less hazardous; safer to transport, store, or dispose of; or amenable for recovery, amenable for storage, or reduced in volume.
“UIC” means the Underground Injection Control program.
“Underground injection” means a well injection.
“Underground source of drinking water (USDW)” means an aquifer or its portion:
(a)(1) Which supplies any public water system; or
(2) Which contains a sufficient quantity of groundwater to supply a public water system; and
(b)(1) A continuous onsite, physical construction program has begun; or
(b) Which is not an exempted aquifer.
“USDW” means underground source of drinking water.
“Wastewater treatment unit” means a device which:
(a) Is part of a wastewater treatment facility which is subject to regulation under either section 402 or 307(b) of the Clean Water Act; and (b) receives and treats or stores an influent wastewater which is a hazardous waste as defined in 261.3, or generates and accumulates a wastewater treatment sludge which is a hazardous waste as defined in 261.3, or treats or stores a wastewater treatment sludge which is a hazardous waste as defined in 261.3; and (c) Meets the definition of tank or tank system in 260.10. (amended 11/90)
270.3. Considerations under Federal law.
The following is a list of Federal laws that may apply to the issuance of permits under these rules. When any of these laws is applicable its procedures must be followed. When the applicable law requires consideration or adoption of particular permit conditions or requires the denial of a permit, those requirements also must be followed.
The Department requires a permit under these regulations for the “transportation,” “treatment,” “storage,” or “disposal” of any “hazardous waste” as identified or listed in 261. The terms “transportation,” “treatment,” “storage,” “disposal,” and “hazardous waste” are defined in 260 Subpart B and 270.2. Owners and operators of hazardous waste management units must have permits during the active life (including the closure period) of the unit. Owners and operators of surface impoundments, landfills, land treatment units, and waste pile units that received wastes after July 26, 1982, or that certified closure (according to 265.115) after January 26, 1983, must have postclosure permits unless they demonstrate closure by removal or decontamination as provided under 270.1(c) (5) and (6). If a postclosure permit is required, the permit must address applicable part 264 groundwater monitoring, unsaturated zone monitoring, corrective action, and postclosure care requirements of this chapter. The denial of a permit for the active life of a hazardous waste management facility or unit does not affect the requirement to obtain a postclosure permit under this section. (11/90; 12/92; 12/93; 8/00)
(e) The Fish and Wildlife Coordination Act, 16 U.S.C. 661 et seq. requires that the Department, before issuing a permit proposing or authorizing the impoundment (with certain exemptions), diversion, or other control or modification of any body of water, consult with the U.S. Fish and Wildlife Department exercising jurisdiction over wildlife resources to conserve those resources.
(ii) Are promulgated under part 268 of this chapter restricting the placement of hazardous wastes in or on the land; or
(iii) Are promulgated under 264 regarding leak detection systems for new and replacement surface impoundment, waste pile, and landfill units, and lateral expansions of surface impoundment, waste pile, and landfill units. The leak detection system requirements include double liners, CQA programs, monitoring, action leakage rates, and response action plans, and will be implemented through the procedures of 270.42 Class 1 permit modifications; or
270.4. Effect of a permit.
(a)(1) Compliance with a permit under these regulations during its term constitutes compliance, for purposes of enforcement, with subtitle C of RCRA and except for those requirements not included in the permit which:
(c) The issuance of a permit does not authorize any injury to persons or property or invasion of other private rights, or any infringement of State or local law or regulations.
270.6. References.
(b) The following materials are available for purchase from the National Technical Information Service (NTIS),5285 Port Royal Road, Springfield, VA 22161, (800) 553-6847; or for purchase from the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402, (202) 512-1800.
(2) [Reserved].
SUBPART B
Permit Application
270.10. General application requirements.
(d) Information requirements.
(e) Existing HWM facilities and interim status qualifications.
(1) Owners and operators of existing hazardous waste management facilities or of hazardous waste management facilities in existence on the effective date of statutory or regulatory amendments under the South Carolina Hazardous Waste Management Act that render the facility subject to the requirement to have a permit must submit Part A of their permit application no later than:
(f) New HWM facilities.
(g) Updating permit applications.
(1) If any owner or operator of a HWM facility has filed Part A of a permit application and has not yet filed Part B, the owner or operator shall file an amended Part A application:
(h) Reapplications.
(j) Exposure information.
(1) After August 8, 1985, any Part B permit application submitted by an owner or operator of a facility that stores, treats, or disposes of hazardous waste in a surface impoundment or a landfill must be accompanied by information, reasonably ascertainable by the owner or operator, on the potential for the public to be exposed to hazardous wastes or hazardous constituents through releases related to the unit. At a minimum, such information must address:
(ii) The potential pathways of human exposure to hazardous wastes or constituents resulting from the releases described under paragraph (j)(1)(i) of this section;; and
(iii) The potential magnitude and nature of the human exposure resulting from such releases.
(l) If the Department concludes, based on one or more of the factors listed in paragraph (l)(1) of this section that compliance with the standards of 40 CFR part 63, subpart EEE alone may not be protective of human health or the environment, the Department shall require the additional information or assessment(s) necessary to determine whether additional controls are necessary to ensure protection of human health and the environment. This includes information necessary to evaluate the potential risk to human health and/or the environment resulting from both direct and indirect exposure pathways. The Department may also require a permittee or applicant to provide information necessary to determine whether such an assessment(s) should be required.
(1) The Department shall base the evaluation of whether compliance with the standards of 40 CFR part 63, subpart EEE alone is protective of human health or the environment on factors relevant to the potential risk from a hazardous waste combustion unit, including, as appropriate, any of the following factors:
(ii) Identities and quantities of emissions of persistent, bioaccumulative or toxic pollutants considering enforceable controls in place to limit those pollutants;
(iii) Identities and quantities of nondioxin products of incomplete combustion most likely to be emitted and to pose significant risk based on known toxicities (confirmation of which should be made through emissions testing);
(vi) Volume and types of wastes, for example wastes containing highly toxic constituents;
(vii) Other on-site sources of hazardous air pollutants that significantly influence interpretation of the risk posed by the operation of the source in question;
(viii) Adequacy of any previously conducted risk assessment, given any subsequent changes in conditions likely to affect risk; and
(m) A copy of a site specific inspection checklist shall be prepared by the applicant. The checklist shall be approved by the Department for use by the Department in conducting compliance inspections and shall include all applicable requirements of 261 through 270. An amended checklist shall be submitted to the Department for approval each time a permit modification is requested. The amended checklist shall accompany the permit modification request.
270.11. Signatories to permit applications and reports under these regulations.
(a) Applications. All permit applications shall be signed as follows:
(1) For a corporation: by a responsible corporate officer. For the purpose of this section, a responsible corporate officer means (i) a president, secretary, treasurer, or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (ii) the manager of one or more manufacturing, production or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding 25 million dollars (in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures;
Note: The Department does not require specific assignments or delegations of authority to responsible corporate officers identified in 270.11(a)(1)(i). The Department will presume that these responsible corporate officers have the requisite authority to sign permit applications unless the corporation has notified the Department to the contrary. Corporate procedures governing authority to sign permit applications may provide for assignment or delegation to applicable corporate positions under 270.11(a)(1)(ii) rather than to specific individuals.
(b) Reports. All reports required by permits and other information requested by the Department, shall be signed by a person described in paragraph (a) of this section, or by a duly authorized representative of that person. A person is a duly authorized representative only if:
(c) Changes to authorization. If an authorization under paragraph (b) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Department prior to or together with any reports, information, or applications to be signed by an authorized representative.
(2) For remedial action plans (RAPs) under subpart H of this part, if the operator certifies according to paragraph (d)(1) of this section, then the owner may choose to make the following certification instead of the certification in paragraph (d) (1) of this section:
“Based on my knowledge of the conditions of the property described in the RAP and my inquiry of the person or persons who manage the system referenced in the operator’s certification, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.”
270.12. Confidentiality of information.
(d)(1) Certification. Any person signing a document under paragraphs (a) or (b) of this section shall make the following certification:
“I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.”
(b) Claims of confidentiality for the name and address of any permit applicant or permittee will be denied.
270.13. Contents of Part A of the permit application.
Part A of the application shall include the following information:
(h) For existing facilities,
(k) A listing of all permits or construction approvals received or applied for under any of the following programs:
(n) For hazardous debris, a description of the debris category(ies) and contaminant category(ies) to be treated, stored, or disposed of at the facility.
270.14. Contents of Part B: General Requirements.
(b) General information requirements. The following information is required for all HWM facilities, except as R.61-79.264.1 provides otherwise:
(8) A description of procedures, structures, or equipment used at the facility to:
(ii) Prevent runoff from hazardous waste handling areas to the areas of the facility or environment, or to prevent flooding (for example, berms, dikes, trenches);
(iii) Prevent contamination of water supplies;
(11) Facility location information:
(ii) If the facility is proposed to be located in an area listed in Appendix VI of R.61-79.264, the owner or operator shall demonstrate compliance with the seismic standard. This demonstration may be made using either published geologic data or data obtained from field investigations carried out by the applicant. The information provided must be of such quality to be acceptable to geologists experienced in identifying and evaluating seismic activity. The information submitted must show that either:
(A) No faults which have had displacement in Holocene time are present, or no lineations which suggest the presence of a fault (which have displacement in Holocene time) within 3,000 feet of a facility are present, based on data from:
(B) If faults (to include lineations) which have had displacement in Holocene time are present within 3,000 feet of a facility, no faults pass within 200 feet of the portions of the facility where treatment, storage, or disposal of hazardous waste will be conducted, based on data from a comprehensive geologic analysis of the site. Unless a site analysis is otherwise conclusive concerning the absence of faults within 200 feet of such portions of the facility data shall be obtained from a subsurface exploration (trenching) of the area within a distance no less than 200 feet from portions of the facility where treatment, storage, or disposal of hazardous waste will be conducted. Such trenching shall be performed in a direction that is perpendicular to known faults (which have had displacement in Holocene time) passing within 3,000 feet of the portions of the facility where treatment, storage, or disposal of hazardous waste will be conducted. Such investigation shall document with support maps and other analyses, the location of any faults found.
Comment: The federal Guidance Manual for the Location Standards provides greater detail on the content of each type of seismic investigation and the appropriate conditions under which each approach or a combination of approaches would be used.
(iii) Owners and operators of all facilities shall provide an identification of whether the facility is located within a 100-year floodplain. This identification must indicate the source of data for such determination and include a copy of the relevant Federal Insurance Administration (FIA) flood map, if used, or the calculations and maps used where a FIA map is not available. Information shall also be provided identifying the 100-year flood level and any other special flooding factors (e.g., wave action) which must be considered in designing, constructing, operating, or maintaining the facility to withstand washout from a 100-year flood.
Comment: Where maps for the National Flood Insurance Program produced by the Federal Insurance Administration (FIA) of the Federal Emergency Management Agency are available, they will normally be determinative of whether a facility is located within or outside of the 100-year floodplain. However, where the FIA map excludes an area (usually areas of the flood plain less than 200 feet in width), these areas must be considered and a determination made as to whether they are in the 100-year floodplain. Where FIA maps are not available for a proposed facility location, the owner or operator must use equivalent mapping techniques to determine whether the facility is within the 100-year floodplain, and if so located, what the 100-year flood elevation would be.
(iv) Owners and operators of facilities located in the 100-year floodplain must provide the following information:
(C) If applicable, and in lieu of paragraphs (b)(11)(iv)(A) and (B), a detailed description of procedures to be followed to remove hazardous waste to safety before the facility is flooded, including:
(19) A topographic map showing a distance of 1000 feet around the facility at a scale of 2.5 centimeters (1 inch) equal to not more than 61.0 meters (200 feet). Contours must be shown on the map. The contour interval must be sufficient to clearly show the pattern of surface water flow in the vicinity of and from each operational unit of the facility. For example, contours with an interval of 1.5 meters (5 feet), if relief is greater than 6.1 meters (20 feet), or an interval of 0.6 meters (2 feet), if relief is less than 6.1 meters (20 feet). Owners and operators of Hazardous Waste Management facilities located in mountainous areas should use large contour intervals to adequately show topographic profiles of facilities. The map shall clearly show the following: (amended 11/90)
(ii) 100-year floodplain area.
(iii) Surface waters including intermittent streams.
(vi) Orientation of the map (north arrow).
(vii) Legal boundaries of the facility site.
(viii) Access control (fences, gates).
(xi) Barriers for drainage or flood control.
(xii) Location of operational units within the HWM facility site, where hazardous waste is (or will be) treated, stored, or disposed (include equipment cleanup areas).
Note: For large HWM facilities the Department will allow the use of other scales on a case-by-case basis.
(c) Additional information requirements. The following additional information regarding protection of groundwater is required from owners or operators of hazardous waste facilities containing a regulated unit except as provided by 264.90(b).
(4) A description of any plume of contamination that has entered the groundwater from a regulated unit at the time that the application is submitted that:
(6) If the presence of hazardous constituents has not been detected in the groundwater at the time of permit application, the owner or operator must submit sufficient information, supporting data, and analyses to establish a detection monitoring program which meets the requirements of R.61-79.264.98. This submission must address the following items as specified under R.61-79.264.98:
(ii) A proposed groundwater monitoring system;
(iii) Background values for each proposed monitoring parameter or constituent, or procedures to calculate such values; and
(7) If the presence of hazardous constituents has been detected in the groundwater at the point of compliance at the time of the permit application, the owner or operator must submit sufficient information, supporting data, and analyses to establish a compliance monitoring program which meets the requirements of R.61-79.264.99. Except as provided in R.61-79.264.98(g)(5), the owner or operator must also submit an engineering feasibility plan for a corrective action program necessary to meet the requirements of R.61-79.264.100, unless the owner or operator obtains written authorization in advance from the Department to submit a proposed permit schedule for submittal of such a plan. To demonstrate compliance with R.61-79.264.99, the owner or operator must address the following items:
(ii) A characterization of the contaminated groundwater, including concentrations of hazardous constituents;
(iii) A list of hazardous constituents for which compliance monitoring will be undertaken in accordance with R.61-79.264 and 264.99;
(8) If hazardous constituents have been measured in the groundwater which exceed the concentration limits established under R.61-79.264.94 Table 1 or if groundwater monitoring conducted at the time of permit application under R.61-79.265.90 through 265.94 at the waste boundary indicates the presence of hazardous constituents from the facility in groundwater over background concentrations, the owner or operator must submit sufficient information, supporting data, and analyses to establish a corrective action program which meets the requirements of R.61-79.264.100. However, an owner or operator is not required to submit information to establish a corrective action program if he demonstrates to the Department that alternate concentration limits will protect human health and the environment after considering the criteria listed in R.61-79.264.94(b). An owner or operator who is not required to establish a corrective action program for this reason must instead submit sufficient information to establish a compliance monitoring program which meets the requirements of R.61-79.264.99 and paragraph (c)(6) of this section. To demonstrate compliance with R.61-79.264.100, the owner or operator must address, at a minimum, the following items:
(ii) The concentration limit for each hazardous constituent found in the groundwater as set forth in R.61-79.264.94;
(iii) Detailed plans and an engineering report describing the corrective action to be taken; and
(d) Information requirements for solid waste management units.
(1) The following information is required for each solid waste management unit at a facility seeking a permit.
(ii) Designation of type of unit.
(iii) General dimensions and structural description (supply any available drawings).
(3) The owner/operator must conduct and provide the results of sampling and analysis of groundwater, landsurface, and subsurface strata, surface water, or air, which may include the installation of wells, where the Department ascertains it is necessary to complete a RCRA Facility Assessment that will determine if a more complete investigation is necessary.
270.15. Specific Part B information requirements for containers.
Except as otherwise provided in R.61-79.264.170, owners or operators of facilities that store containers of hazardous waste must provide the following additional information: (revised 12/92)
(a) A description of the containment system to demonstrate compliance with R.61-79.264.175. Show at least the following:
(b) For storage areas that store containers holding wastes that do not contain free liquids, a demonstration of compliance with R.61-79.264.175(c), including:
(e) Information on air emission control equipment as required in 270.27.
270.16. Specific Part B information requirements for tank systems.
Except as otherwise provided in R.61-79.264.190, owners and operators of facilities that use tanks to store or treat hazardous waste must provide the following additional information.
(h) For tank systems for which a variance from the requirements of R.61-79.264.193 is sought (as provided by Section 264.193(g)):
(k) Information on air emission control equipment as required in 270.27.
270.17. Specific Part B information requirements for surface impoundments.
Except as otherwise provided in R.61-79.264.1, owners and operators of facilities that store, treat or dispose of hazardous waste in surface impoundments must provide the following additional information:
(b) Detailed plans and an engineering report describing how the surface impoundment is designed and is or will be designed, constructed, operated, and maintained to meet the requirements of R.61-79. 264.19, 264.221, 264.222, and 264.223, addressing following items:
(i) A waste management plan for Hazardous Waste Nos. FO20, FO21, FO22, FO23, FO26, and FO27 describing how the surface impoundment is or will be designed, constructed, operated, and maintained to meet the requirements of R.61-79.264.231. This submission must address the following items as specified in this Section 264.231:
(j) Information on air emission control equipment as required in 270.27.
270.18. Specific Part B information requirements for waste piles.
Except as otherwise provided in R.61-79.264.1, owners and operators of facilities that store or treat hazardous waste in waste piles must provide the following additional information:
(c) Detailed plans and an engineering report describing how the waste pile is designed and is or will be constructed, operated, and maintained to meet the requirements of R.61-79.264.19, 264.251, 264.252, and 264.253, addressing the following items:
(ii) The double liner and leak (leachate) detection, collection, and removal system, if the waste pile must meet the requirements of section 264.251(c). If an exemption from the requirements for double liners and a leak detection, collection, and removal system or alternative design is sought as provided by section 264.251(d), (e), or (f), submit appropriate information;
(iii) If the leak detection system is located in a saturated zone, submit detailed plans and an engineering report explaining the leak detection system design and operation, and the location of the saturated zone in relation to the leak detection system;
(1)(i) The liner system (except for an existing portion of a waste pile), if the waste pile must meet the requirements of 264.251(a). If an exemption from the requirement for a liner is sought as provided by R.61-79.264.251(b), the owner or operator must submit detailed plans, and engineering and hydrogeological reports, as appropriate, describing alternate designs and operating practices that will, in conjunction with location aspects, prevent the migration of any hazardous constituents into the groundwater or surface water at any future time;
(i) A waste management plan for Hazardous Waste Nos. FO20, FO21, FO22, FO23, FO26, and FO27 describing how a waste pile that is not enclosed (as defined in R.61-79.264.250 (c)) is or will be designed, constructed, operated, and maintained to meet the requirements of R.61-79.264.259. This submission must address the following items as specified in this Section 264.259:
(4) The effectiveness of additional treatment, design, or monitoring techniques.
270.19. Specific Part B information requirements for incinerators.
Except as 264.340 and 270.19(e) provide otherwise, owners and operators of facilities that incinerate hazardous waste must fulfill the requirements of (a), (b), or (c).
(a) When seeking exemption under R.61-79.264.340 (b) or (c) (ignitable, corrosive or reactive wastes only);
(c) In lieu of a trial burn, the applicant may submit the following information:
(1) An analysis of each waste or mixture of wastes to be burned including:
(ii) Viscosity (if applicable), or description of physical form of the waste;
(iii) An identification of any hazardous organic constituents listed in R.61-79.261, appendix VIII, which are present in the waste to be burned, except that the applicant need not analyze for constituents listed in R.61-79.261, appendix VIII, which would reasonably not be expected to be found in the waste. The constituents excluded from analysis must be identified and the basis for their exclusion stated. The waste analysis must rely on analytical techniques specified in “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,” EPA Publication SW-846, as incorporated by reference in R.61-79.260.11 and Sections 270.6, or other equivalent.
(2) A detailed engineering description of the incinerator, including:
(ii) Type of incinerator.
(iii) Linear dimension of incinerator unit including cross sectional area of combustion chamber.
(vi) Description of automatic waste feed cutoff system(s).
(vii) Stack gas monitoring and pollution control monitoring system.
(viii) Nozzle and burner design.
(5) A description of the results submitted from any previously conducted trial burn(s) including:
(6) The expected incinerator operation information to demonstrate compliance with R.61-79.264.343 and 264.345 including:
(ii) Waste feed rate.
(iii) Combustion zone temperature.
(vi) Computed residence time for waste in the combustion zone.
(vii) Expected hydrochloric acid removal efficiency.
(viii) Expected fugitive emissions and their control procedures.
(d) The Department will consider a permit application without a trial burn if he finds that:
(e) When an owner or operator of a hazardous waste incineration unit becomes subject to RCRA permit requirements after October 12, 2005, or when an owner or operator of an existing hazardous waste incineration unit demonstrates compliance with the air emission standards and limitations of section 63, subpart EEE of this chapter, (i.e., by conducting a comprehensive performance test and submitting a Notification of Compliance) under sections 63.1207(j) and 63.1210(d) of this chapter documenting compliance with all applicable requirements of part 63, subpart EEE, the requirements do not apply, except those provisions the Department determines are necessary to ensure compliance with sections 264.345(a) and 264.345(c) of this chapter if you elect to comply with section 270.235(a)(1)(i) to minimize emissions of toxic compounds from startup, shutdown, and malfunction events. Nevertheless, the Department may apply the provisions, on a case-by-case basis, for purposes of information collection in accordance with sections 270.10(k), 270.10(l), 270.32(b)(2), and 270.32(b)(3).
270.20. Specific Part B information requirements for land treatment facilities.
Except as otherwise provided in 264.1, owners and operators of facilities that use land treatment to dispose of hazardous waste must provide the following additional information:
(a) A description of plans to conduct a treatment demonstration as required under R.61-79.264.272. The description must include the following information:
(3) Any specific laboratory or field test that will be conducted, including
(ii) Materials and methods, including analytical procedures;
(iii) Expected time for completion;
(b) A description of a land treatment program, as required under 264 Subpart M. This information must be submitted with the plans for the treatment demonstration, and updated following the treatment demonstration. The land treatment program must address the following items:
(2) Design measures and operating practices necessary to maximize treatment in accordance with R.61-79.264.273(a) including:
(ii) Measures to control soil pH;
(iii) Enhancement of microbial or chemical reactions;
(3) Provisions for unsaturated zone monitoring, including:
(ii) Procedures for selecting sampling locations;
(iii) Analytical procedures;
(vi) Statistical methods for interpreting results;
(vii) The justification for any hazardous constituents recommended for selection as principal hazardous constituents, in accordance with the criteria for such selection in R.61-79.264.278(a);
(c) A description of how the unit is or will be designed, constructed, operated, and maintained in order to meet the requirements of R.61-79.264.273. This submission must address the following items;
(d) If food-chain crops are to be grown in or on the treatment zone of the land treatment unit, a description of how the demonstration required under R.61-79.264.276(a) will be conducted including:
(i) A waste management plan for Hazardous Waste Nos. FO20, FO21, FO22, FO23, FO26, and FO27 describing how a land treatment facility is or will be designed, constructed, operated, and maintained to meet the requirements of R.61-79.264.283. This submission must address the following items as specified in this Section 264.283:
(4) The effectiveness of additional treatment, design, or monitoring techniques.
270.21. Specific Part B information requirements for landfills.
Except as otherwise provided in R.61-79.264.1, owners and operators of facilities that dispose of hazardous waste in landfills must provide the following additional information:
(b) Detailed plans and an engineering report describing how the landfill is designed and is or will be designed, constructed, operated, and maintained to meet the requirements of 264.19, 264.301, 264.302, and 264.303, addressing the following items:
(ii) The double liner and leak (leachate) detection, collection, and removal system, if the landfill must meet the requirements of section 264.301(c). If an exemption from the requirements for double liners and a leak detection, collection, and removal system or alternative design is sought as provided by section 264.301(d), (e), or (f) of this chapter, submit appropriate information;
(iii) If the leak detection system is located in a saturated zone, submit detailed plans and an engineering report explaining the leak detection system design and operation, and the location of the saturated zone in relation to the leak detection system;
(1)(i) The liner system (except for an existing portion of a landfill), if the landfill must meet the requirements of 264.301(a). If an exemption from the requirement for a liner is sought as provided by R.61-79.264.301(b), submit detailed plans, and engineering and hydrogeological reports, as appropriate, describing alternate designs and operating practices that will, in conjunction with location aspects, prevent the migration of any hazardous constituents into the groundwater or surface water at any future time; (amended 11/90)
(j) A waste management plan for Hazardous Waste Nos. F020, F021, F022, F023, F026, and F027 describing how a landfill is or will be designed, constructed, operated, and maintained to meet the requirements of R.61-79.264.317. This submission must address the following items specified in Section 264.317:
(k) An estimate with justifying documentation will specify how long the facility shall be expected to meet the designed minimum technology requirements after closure.
270.22. Specific Part B information requirements for boilers and industrial furnaces burning hazardous waste.
When an owner or operator of a cement or lightweight aggregate kiln, solid fuel boiler, liquid fuel boiler, or hydrochloric acid production furnace becomes subject to RCRA permit requirements after October 12, 2005, or when an owner or operator of an existing cement kiln, lightweight aggregate kiln, solid fuel boiler, liquid fuel boiler, or hydrochloric acid production furnace demonstrates compliance with the air emission standards and limitations in part 63, subpart EEE, (i.e., by conducting a comprehensive performance test and submitting a Notification of Compliance under sections 63.1207(j) and 63.1210(d) of this chapter documenting compliance with all applicable requirements of part 63, subpart EEE, of this chapter), the requirements of this section do not apply. The requirements of this section do apply, however, if the Department determines certain provisions are necessary to ensure compliance with sections 266.102(e)(1) and 266.102(e)(2)(iii) of this chapter if you elect to comply with section 270.235(a)(1)(i) to minimize emissions of toxic compounds from startup, shutdown, and malfunction events or if you are an area source and elect to comply with the section 266.105, 266.106, and 266.107 standards and associated requirements for particulate matter, hydrogen chloride and chlorine gas, and non-mercury metals; or the Department determines certain provisions apply, on a case-by-case basis, for purposes of information collection in accordance with sections 270.10(k), 270.10(l), 270.32(b)(2), and 270.32(b)(3).
(a) Trial burns.
(1) General. Except as provided below, owners and operators that are subject to the standards to control organic emissions provided by R.61-79.266.104, standards to control particulate matter provided by R.61-79.266.105, standards to control metals emissions provided by R.61-79.266.106, or standards to control hydrogen chloride or chlorine gas emissions provided by R.61-79.266.107 must conduct a trial burn to demonstrate conformance with those standards and must submit a trial burn plan or the results of a trial burn, including all required determinations, in accordance with R.61-79.270.66.
(2) Waiver of trial burn for DRE—
(ii) Boilers and industrial furnaces burning low risk waste. When seeking to be permitted under the provisions for low risk waste provided by 266.104(a)(5) and 266.109(a) that waive the DRE trial burn, the owner or operator must submit:
(3) Waiver of trial burn for metals. When seeking to be permitted under the Tier I (or adjusted Tier I) metals feed rate screening limits provided by 266.106(b) and (e) that control metals emissions without requiring a trial burn, the owner or operator must submit:
(ii) Documentation of the concentration of each metal controlled by 266.106(b) or (e) in the hazardous waste, other fuels, and industrial furnace feedstocks, and calculations of the total feed rate of each metal;
(iii) Documentation of how the applicant will ensure that the Tier I feed rate screening limits provided by 266.106(b) or (e) will not be exceeded during the averaging period provided by that paragraph;
(vi) Documentation that the facility does not fail the criteria provided by 266.106(b)(7) for eligibility to comply with the screening limits; and
(vii) Proposed sampling and metals analysis plan for the hazardous waste, other fuels, and industrial furnace feed stocks.
(5) Waiver of trial burn for HCI and CI2. When seeking to be permitted under the Tier I (or adjusted Tier I) feed rate screening limits for total chloride and chlorine provided by 266.107(b)(1) and (e) of this chapter that control emissions of hydrogen chloride (HCI) and chlorine gas (CI2) without requiring a trial burn, the owner or operator must submit:
(ii) Documentation of the levels of total chloride and chlorine in the hazardous waste, other fuels, and industrial furnace feedstocks, and calculations of the total feed rate of total chloride and chlorine;
(iii) Documentation of how the applicant will ensure that the Tier I (or adjusted Tier I) feed rate screening limits provided by 266.107(b)(1) or (e) will not be exceeded during the averaging period provided by that paragraph;
(vi) Documentation that the facility does not fail the criteria provided by 266.107(b)(3) for eligibility to comply with the screening limits; and
(vii) Proposed sampling and analysis plan for total chloride and chlorine for the hazardous waste, other fuels, and industrial furnace feedstocks.
(6) Data in lieu of trial burn. The owner or operator may seek an exemption from the trial burn requirements to demonstrate conformance with 266.104 through 266.107 and 270.66 by providing the information required by 270.66 from previous compliance testing of the device in conformance with 266.103, or from compliance testing or trial or operational burns of similar boilers or industrial furnaces burning similar hazardous wastes under similar conditions. If data from a similar device is used to support a trial burn waiver, the design and operating information required by 270.66 must be provided for both the similar device and the device to which the data is to be applied, and a comparison of the design and operating information must be provided. The Department shall approve a permit application without a trial burn if he finds that the hazardous wastes are sufficiently similar, the devices are sufficiently similar, the operating conditions are sufficiently similar, and the data from other compliance tests, trial burns, or operational burns are adequate to specify (under 266.102) operating conditions that will ensure conformance with 266.102(c). In addition, the following information shall be submitted:
(i) For a waiver from any trial burn:
(b) Alternative HC limit for industrial furnaces with organic matter in raw materials. Owners and operators of industrial furnaces requesting an alternative HC limit under 266.104(f) shall submit the following information at a minimum:
(4) Trial burn plan to:
(f) Residues. Owners and operators that claim that their residues are excluded from regulation under the provisions of R.61-79.266.112 must submit information adequate to demonstrate conformance with those provisions.
270.23. Specific Part B information requirements for miscellaneous units.
Except as otherwise provided in 264.600, owners and operators of facilities that treat, store, or dispose of hazardous waste in miscellaneous units must provide the following additional information:
(a) A detailed description of the unit being used or proposed for use, including the following:
(e) Any additional information determined by the Department to be necessary for evaluation of compliance of the unit with the environmental performance standards of 264.601.
270.24. Specific Part B information requirements for process vents.
Except as otherwise provided in 264.1, owners and operators of facilities that have process vents to which subpart AA of part 264 applies must provide the following additional information:
(b) Documentation of compliance with the process vent standards in 264.1032, including:
(d) Documentation of compliance with 264.1033, including:
(5) A statement signed and dated by the owner or operator certifying that the control device is designed to operate at an efficiency of 95 weight percent or greater unless the total organic emission limits of 264.1032(a) for affected process vents at the facility can be attained by a control device involving vapor recovery at an efficiency less than 95 weight percent.
270.25. Specific part B information requirements for equipment.
Except as otherwise provided in 264.1, owners and operators of facilities that have equipment to which subpart BB of part 264 applies must provide the following additional information:
(a) For each piece of equipment to which subpart BB of part 264 applies:
(e) Documentation to demonstrate compliance with 264.1060 shall include the following information:
(5) A statement signed and dated by the owner or operator certifying that the control device is designed to operate at an efficiency of 95 weight percent or greater.
270.26. Special part B information requirements for drip pads.
Except as otherwise provided by 264.1 of this chapter, owners and operators of hazardous waste treatment, storage, or disposal facilities that collect, store, or treat hazardous waste on drip pads must provide the following additional information:
(c) Detailed plans and an engineering report describing how the drip pad is or will be designed, constructed, operated and maintained to meet the requirements of 264.573 of this chapter, including the as-built drawings and specifications. This submission must address the following items as specified in 264.571 of this chapter:
(16) A description of how hazardous waste residues and contaminated materials will be removed from the drip pad at closure, as required under 264.575(a) of this chapter. For any waste not to be removed from the drip pad upon closure, the owner or operator must submit detailed plans and an engineering report describing how 264.310 (a) and (b) of this chapter will be complied with. This information should be included in the closure plan and, where applicable, the postclosure plan submitted under 270.14(b)(13).
270.27. Specific Part B information requirements for air emission controls for tanks, surface impoundments, and containers.
(a) Except as otherwise provided in 264.1, owners and operators of tanks, surface impoundments, or containers that use air emission controls in accordance with the requirements of 264 subpart CC shall provide the following additional information:
(7) When an owner or operator of a facility subject to part 265, subpart CC cannot comply with part 264, subpart CC by the date of permit issuance, the schedule of implementation required under 265.1082.
270.28. Part B information requirements for post-closure permits.
For post-closure permits, the owner or operator is required to submit only the information specified in 270.14(b)(1), (4), (5), (6), (11), (13), (14), (16), (18) and (19), (c), and (d), unless the Department determines that additional information from 270.14, 270.16, 270.17, 270.18, 270.20, or 270.21 is necessary.
270.29. Permit denial.
The Department may, pursuant to the procedures in part 124, deny the permit application either in its entirety or as to the active life of a hazardous waste management facility or unit only.
SUBPART C
Permit Conditions
270.30. Conditions applicable to all permits.
The following conditions apply to all permits under these regulations, and shall be incorporated into the permits either expressly or by reference. If incorporated by reference, a specific citation to these regulations must be given in the permit. (revised 12/92)
(i) Inspection and entry. The permittee shall allow an authorized representative of the Department upon the presentation of credentials and other documents as may be required by law, to:
(j) Monitoring and records.
(3) Records for monitoring information shall include:
(ii) The individual(s) who performed the sampling or measurements;
(iii) The date(s) analyses were performed;
(l) Reporting requirements.
(2) Anticipated noncompliance. The permittee shall give advance notice to the Department of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements. For a new facility, the permittee may not treat, store, or dispose of hazardous waste; and for a facility being modified, the permittee may not treat, store, or dispose of hazardous waste in the modified portion of the facility (except as provided in 270.42), until: (amended 11/90)
(i) The permittee has submitted to the Department by certified mail or hand delivery a letter signed by the permittee and a registered professional engineer stating that the facility has been constructed or modified in compliance with the permit; and
(ii)(A) The department has inspected the modified or newly constructed facility and finds it is in compliance with the conditions of th permit; or (revised 12/92)
(6) Twenty-four hour reporting.
(i) The permittee shall report any noncompliance which may endanger health or the environment orally within 24 hours from the time the permittee becomes aware of the circumstances including:
(ii) The description of the occurrence and its cause shall include:
(G) Estimated quantity and disposition of recovered material that resulted from the incident.
(iii) A written submission shall also be provided to the Department within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance and its cause; the period of noncompliance including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Department may waive the five day written notice requirement in favor of a written report within fifteen days.
(m) Information repository. The Department may require the permittee to establish and maintain an information repository at any time, based on the factors set forth in 124.33(b). The information repository will be governed by the provisions in 124.33(c) through (f).
270.31. Requirements for recording and reporting of monitoring results.
All permit applications shall specify:
(c) Applicable reporting requirements based upon the impact of the regulated activity and as specified in R.61-79.264, 265, and 266. Reporting shall be no less frequent than specified in the above regulation.
270.32. Establishing permit conditions.
(a) In addition to conditions required in all permits (section 270.30), the Department shall establish conditions, as required on a case-by-case basis, in permits under 270.50 (duration of permits), 270.33(a) (schedules of compliance), 270.31 (monitoring), 270.33(b) (alternate schedules of compliance) and 270.3 (considerations under Federal law) (revised 12/92)
(b)(1) Each RCRA permit shall include permit conditions necessary to achieve compliance with the Act and regulations, including each of the applicable requirements specified in R.61-79.264, and R.61-79.266 through 268. In satisfying this provision, the Department may incorporate applicable requirements of parts 264, and 266 through 268 of this chapter directly into the permit or establish other permit conditions that are based on these parts. (revised 12/92)
(e) Incorporation. All permit conditions shall be incorporated either expressly or by reference. If incorporated by reference, a specific citation to the applicable regulations or requirements must be given in the permit.
270.33. Schedules of compliance.
(a) The permit may, when appropriate, specify a schedule of compliance leading to compliance with the Act and regulations.
(2) Interim dates. Except as provided in paragraph (b)(1)(ii) of this section, if a permit establishes a schedule of compliance which exceeds 1 year from the date of permit issuance, the schedule shall set forth interim requirements and the dates for their achievement.
(b) Alternative schedules of compliance. A RCRA permit applicant or permittee may cease conducting regulated activities (by receiving a terminal volume of hazardous waste and, for treatment and storage HWM facilities, closing pursuant to applicable requirements; and, for disposal HWM facilities, closing and conducting postclosure care pursuant to applicable requirements) rather than continue to operate and meet permit requirements as follows: (amended 11/90)
(1) If the permittee decides to cease conducting regulated activities at a given time within the term of a permit which has already been issued;
(3) If the permittee is undecided whether to cease conducting regulated activities, the Department may issue or modify a permit to contain two schedules as follows:
(ii) One schedule will lead to timely compliance with applicable requirements;
(iii) The second schedule will lead to cessation of regulated activities by a date which ensures timely compliance with applicable requirements;
(4) The applicant’s or permittee’s decision to cease conducting regulated activities shall be evidenced by a firm public commitment satisfactory to the Department, such as a resolution of the board of directors of a corporation.
SUBPART D
Changes to Permit
270.40. Transfer of permits.
(b) Changes in the ownership or operational control of a facility may be made as a Class 1 modification with prior written approval of the Department in accordance with 270.42. The new owner or operator must submit a revised permit application no later than 90 days prior to the scheduled change. A written agreement containing a specific date for transfer of permit responsibility between the current and new permittees must also be submitted to the Department. When a transfer of ownership or operational control occurs, the old owner or operator shall comply with the requirements of Part 264, Subpart H (Financial Requirements) until the new owner or operator has demonstrated that he or she is complying with the requirements of that subpart. The new owner or operator must demonstrate compliance with subpart H requirements within six months of the date of the change of ownership or operational control of the facility. Upon demonstration to the Department by the new owner or operator of compliance with subpart H, the Department shall notify the old owner or operator that he or she no longer needs to comply with subpart H as of the date of demonstration. (amended 5/93)
270.41. Modification or revocation and reissuance of permits.
When the Department receives any information (for example, inspects the facility, receives information submitted by the permittee as required in the permit (see section 270.30), receives a request for modification or revocation and reissuance under R.61-79.124.5 or conducts a review of the permit file), it may determine whether one or more of the causes listed in paragraphs (a) and (b) of this section for modification, or revocation and reissuance or both exist. If cause exists, the Department may modify or revoke and reissue the permit accordingly, subject to the limitations of paragraph (c) of this section, and may request an updated application if necessary. When a permit is modified, only the conditions subject to modification are reopened. If a permit is revoked and reissued, the entire permit is reopened and subject to revision and the permit is reissued for a new term. (See 124.5.) If cause does not exist under this section, the Department shall not modify or revoke and reissue the permit, except on request of the permittee. If a permit modification is requested by the permittee, the Department shall approve or deny the request according to the procedures of section 270.42. Otherwise, a draft permit must be prepared and other procedures in R.61-79.124 followed. (amended 5/93; 12/93)
(c) Facility siting. Suitability of the facility location will not be considered at the time of permit modification or revocation and reissuance unless new information or standards indicate that a threat to human health or the environment exists which was unknown at the time of permit issuance.
270.42. Permit modifications at the request of the permittee.
(a) Class 1 modifications.
(1) Except as provided in paragraph (a)(2) of this section, the permittee may put into effect Class 1 modifications listed in Appendix I of this section under the following conditions:
(ii) The permittee must send a notice of the modification to all persons on the facility mailing list, maintained by the Department in accordance with 124.10(c), and the appropriate units of State and local government, as specified in 124.10(c). This notification must be made within 90 calendar days after the change is put into effect. For the Class I modifications that require prior Department approval, the notification must be made within 90 calendar days after the Department approves the request.
(iii) Any person may request the Department to review, and the Department may for cause reject in accordance with 124.5, any Class 1 modification. The Department must inform the permittee by certified mail that a Class 1 modification has been rejected, explaining the reasons for the rejection. If a Class 1 modification has been rejected, the permittee must comply with the original permit conditions.
(b) Class 2 modifications.
(1) For Class 2 modifications, listed in Appendix I of this section, the permittee must submit a modification request to the Department that:
(ii) Identifies that the modification is a Class 2 modification;
(iii) Explains why the modification is needed; and
(2) The permittee must send a notice of the modification request to all persons on the facility mailing list maintained by the Department and to the appropriate units of State and local government as specified in 124.10(c) and must publish this notice in a major local newspaper of general circulation. This notice must be mailed and published within 7 days before or after the date of submission of the modification request, and the permittee must provide to the Department evidence of the mailing and publication. The notice must include:
(ii) Announcement of the date, time, and place for a public meeting held in accordance with 270.42(b)(4);
(iii) Name and telephone number of the permittee’s contact person;
(5) The public shall be provided 60 days to comment on the modification request. The comment period will begin on the date the permittee publishes the notice in the local newspaper. Comments should be submitted to the Department contact identified in the public notice.
(C) Determine that the modification request must follow the procedures in 270.42(c) for Class 3 modifications for the following reasons:
(ii) If the Department notifies the permittee of a 30-day extension for a decision, the Department must, no later than 120 days after receipt of the modification request:
(C) Determine that the modification request must follow the procedures in 270.42(c) for Class 3 modifications for the following reasons:
(D) Approve the request, with or without changes, as a temporary authorization having a term of up to 180 days.
(iii) If the Department fails to make one of the decisions specified in paragraph (b)(6)(ii) of this section by the 120th day after receipt of the modification request, the permittee is automatically authorized to conduct the activities described in the modification request for up to 180 days, without formal Department action. The authorized activities must be conducted as described in the permit modification request and must be in compliance with all appropriate standards of Part 265. If the Department approves, with or without changes, or denies the modification request during the term of the temporary or automatic authorization provided for in paragraphs (b)(6) (i), (ii), or (iii) of this section, such action cancels the temporary or automatic authorization.
(iv)(A) In the case of an automatic authorization under paragraph (b)(6)(iii) of this section, or a temporary authorization under paragraph (b)(6) (i)(D) or (ii)(D) of this section, if the Department has not made a final approval or denial of the modification request by the date 50 days prior to the end of the temporary or automatic authorization, the permittee must within seven days of that time send a notification to persons on the facility mailing list, and make a reasonable effort to notify other persons who submitted written comments on the modification request, that:
(vi) In making a decision to approve or deny a modification request, including a decision to issue a temporary authorization or to reclassify a modification as a Class 3, the Department must consider all written comments submitted to the Department during the public comment period and must respond in writing to all significant comments in his or her decision.
(vii) With the written consent of the permittee, the Department may extend indefinitely or for a specified period the time periods for final approval or denial of a modification request or for reclassifying a modification as a Class 3.
(6)(i) No later than 90 days after receipt of the notification request, the Department must:
(7) The Department may deny or change the terms of a Class 2 permit modification request under paragraphs (b)(6) (i) through (iii) of this section for the following reasons:
(ii) The requested modification does not comply with the appropriate requirements of Part 264 or other applicable requirements; or
(iii) The conditions of the modification fail to protect human health and the environment.
(c) Class 3 modifications.
(1) For Class 3 modifications listed in Appendix I of this section, the permittee must submit a modification request to the Department that:
(ii) Identifies that the modification is a Class 3 modification;
(iii) Explains why the modification is needed; and
(2) The permittee must send a notice of the modification request to all persons on the facility mailing list maintained by the Department and to the appropriate units of State and local government as specified in 124.10(c) and must publish this notice in a major local newspaper of general circulation. This notice must be mailed and published within seven days before or after the date of submission of the modification request, and the permittee must provide to the Department evidence of the mailing and publication. The notice must include:
(ii) Announcement of the date, time, and place for a public meeting on the modification request, in accordance with 270.42(c)(4);
(iii) Name and telephone number of the permittee’s contact person;
(d) Other modifications.
(2) The Department shall make the determination described in paragraph (d)(1) of this section as promptly as practicable. In determining the appropriate class for a specific modification, the Department shall consider the similarity of the modification to other modifications codified in Appendix I and the following criteria:
(ii) Class 2 modifications apply to changes that are necessary to enable a permittee to respond, in a timely manner, to.
(C) Changes necessary to comply with new regulations, where these changes can be implemented without substantially changing design specifications or management practices in the permit.
(iii) Class 3 modifications substantially alter the facility or its operation.
(e) Temporary authorizations.
(1) Upon request of the permittee, the Department may, without prior public notice and comment, grant the permittee a temporary authorization in accordance with this subsection. Temporary authorizations must have a term of not more than 180 days.
(ii) The temporary authorization request must include:
(C) Sufficient information to ensure compliance with Part 264 standards.
(iii) The permittee must send a notice about the temporary authorization request to all persons on the facility mailing list maintained by the Department and to appropriate units of State and local governments as specified in 124.10(c). This notification must be made within seven days of submission of the authorization request.
(2)(i) The permittee may request a temporary authorization for:
(3) The Department shall approve or deny the temporary authorization as quickly as practical. To issue a temporary authorization, the Department must find:
(ii) The temporary authorization is necessary to achieve one of the following objectives before action is likely to be taken on a modification request:
(4) A temporary authorization may be reissued for one additional term of up to 180 days provided that the permittee has requested a Class 2 or 3 permit modification for the activity covered in the temporary authorization, (12/94, 6/97) and:
(f) Public notice and appeals of permit modification decisions.
(g) Newly regulated wastes and units. (revised 5/93)
(1) The permittee is authorized to continue to manage wastes listed or identified as hazardous under R.61-79.261 or to continue to manage hazardous waste in units newly regulated as hazardous waste management units, if:
(ii) The permittee submits a Class 1 modification request on or before the date on which the waste or unit becomes subject to the new requirements;
(iii) The permittee is in compliance with the applicable standards of Part 265 and 266;
(h) Military hazardous waste munitions treatment and disposal. The permittee is authorized to continue to accept waste military munitions notwithstanding any permit conditions barring the permittee from accepting off-site wastes, if:
(j) Combustion facility changes to meet 40 CFR part 63 MACT standards. The following procedures apply to hazardous waste combustion facility permit modifications requested under Appendix I of this section, section L(9).
(3) If the Department does not approve or deny the request within 90 days of receiving it, the request shall be deemed approved. The Department may, at its discretion, extend this 90 day deadline one time for up to 30 days by notifying the facility owner or operator.
(ii) Provide an explanation of why the changes are necessary in order to minimize or eliminate conflicts between the RCRA permit and MACT compliance; and
(iii) Discuss how the revised provisions will be sufficiently protective.
(k)(1) Waiver of RCRA permit conditions in support of transition to the 40 CFR part 63 MACT standards. (1) You may request to have specific RCRA operating and emissions limits waived by submitting a Class 1 permit modification request under Appendix I of this section, section L(10). You must:
(2) To request this modification in conjunction with MACT performance testing where permit limits may only be waived during actual test events and pretesting, as defined under 40 CFR 63.1207(h)(2)(i) and (ii), for an aggregate time not to exceed 720 hours of operation (renewable at the discretion of the Department) you must:
(l) [Reserved]
| Appendix I to 270.42—Classification of Permit Modification | |||||
| 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 Department. | 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 Department. | 11 | |||
| 7. | Changes in ownership or operational control of a facility, provided the procedures of 270.40(b) are followed. | 11 | |||
| 8. | Changes to remove permit conditions that are no longer applicable (i.e., because the standards upon which they are based are no longer applicable to the facility). | 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 | |||
| c. | To incorporate changes associated with underlying hazardous constituents in ignitable or corrosive wastes. (added 12/93) | 11 | |||
| d. | Other changes. (moved 12/93) | 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. | 11 | |||
| 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: (added 12/93) | ||||
| 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. | Groundwater Protection | ||||
| 1. | Changes to wells: | ||||
| a. | Changes in the number, location, depth, or design of upgradient or downgradient wells of permitted groundwater 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 groundwater sampling or analysis procedures or monitoring schedule, with prior approval of the Department. | 11 | |||
| 3. | Changes in statistical procedure for determining whether a statistically significant change in groundwater quality between upgradient and downgradient wells has occurred, with prior approval of the Department. | 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 onsite at any time during the active life of the facility, with prior approval of the Department. | 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 Department. | 11 | |||
| c. | Changes in the expected year of final closure, where other permit conditions are not changed, with prior approval of the Department. | 11 | |||
| d. | Changes in procedures for decontamination of facility equipment or structures, with prior approval of the Department. | 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 nonhazardous 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 Department. | 11 | |||
| g. | Staging piles | 2 | |||
| E. | Postclosure | ||||
| 1. | Changes in name, address, or phone number of contact in postclosure plan. | 1 | |||
| 2. | Extension of postclosure care period. | 2 | |||
| 3. | Reduction in the postclosure care period. | 3 | |||
| 4. | Changes to the expected year of final closure, where other permit conditions are not changed. | 1 | |||
| 5. | Changes in postclosure 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 an increase in the facility’s container storage capacity. | 3 | |||
| b. | Not resulting in an increase in the facility’s container storage capacity. | 2 | |||
| 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. | 11 | |||
| 3. | Storage of different wastes in containers: | ||||
| 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 270.42(g) for modification procedures to be used for the management of newly listed or identified wastes. | |||||
| G. | Tanks | ||||
| 1: | |||||
| a. | Modification or addition of tank units resulting in an increase in the facility’s tank capacity. | 3 | |||
| b. | Modification or addition of tank units not resulting in an increase in the facility’s tank capacity. | 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. | 3 | |||
| d. | After prior approval of the Department, 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. | 3 | |||
| 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 less than or equal to the capacity of the replaced tank provided. | 11 | |||
| - The capacity difference is no more than 1500 gallons, | |||||
| - 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 the authorized in the permit. | 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. | 2 | |||
| Note: See 270.42(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 | |||
| 6. | Modifications of unconstructed units to comply with 264.221(c), 264.222, 264.223, and 264.226(d). (added 12/93) | 11 | |||
| 7. | Changes in response action plan: (added 12/93) | ||||
| 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 270.42(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 an increase in the facility’s waste pile storage or treatment capacity. | 3 | |||
| b. | Not resulting in an 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. | 11 | |||
| 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. (added 12/93) | 2 | |||
| Note: See 270.42(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 | |||
| 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 364.304. (added 12/93) | 11 | |||
| 8. | Changes in response action plan: (added 12/93) | ||||
| 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 270.42(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 270.42(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, to 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 Department’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 Department. | 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 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 Department 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. | [Reserved] | ||||
| 3. | Modification of an incinerator, boiler, or industrial furnace unit by changing the internal size or geometry of the primary or 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 Department 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 Department 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 Department 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 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 Department 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 270.42(g) for modification procedures to be used for the management of newly listed or identified wastes. | |||||
| 7. | Shakedown and trial burn: | ||||
| a. | Modification of the trial burn plan or any of the permit conditions applicable during the shakedown period for determining operational readiness after construction, the trial burn period, or the period immediately following the trial burn. | 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 Department. | 11 | |||
| c. | Changes in the operating requirements set in the permit for conducting a trial burn, provided the change is minor and has received the prior approval of the Department. | 11 | |||
| d. | Changes in the ranges of the operating requirements set in the permit to reflect the results of the trial burn, provided the change is minor and has received the prior approval of the Department. | 11 | |||
| 8. | Substitution of an alternative type of nonhazardous waste fuel that is not specified in the permit. (revised 12/93)1 | 1 | |||
| 9. | Technology changes needed to meet standards under 40 CFR part 63 (Subpart EEE-Hazardous Air Pollutants Frm Hazardous Waste Combustors), provided the procedures of 270.42(j) are followed. | ||||
| 10. | Changes to RCRA permit provisions needed to support transition to 40 CFR part 63 (Subpart EEE—National Emission Standards for Hazardous Air Pollutants From Hazardous Waste Combustors), provided the procedures of Sec. 270.42(k) are followed. | 21 | |||
| M. | Containment Buildings: (added 12/93) | ||||
| 1. | Modification or addition of containment building units: | ||||
| a. | Resulting in an increase in the facility’s containment building storage or treatment capacity. | 3 | |||
| b. | Not resulting in an 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. | 11 | |||
| b. | The replacement containment building meets the same conditions in the permit. | 11 | |||
| 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 did 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. | Changes to recordkeeping and reporting requirements pursuant to: 264.56(i), 264.343(a)(2), 264.1061(b)(1),(d), 264.1062(a)(2), 264.196(f), 264.100(g), and 264.113(e)(5) | 1 | |||
| 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 | |||
| 1Class 1 Modifications requiring prior Department approval. | |||||
| 2Class 1 modifications requiring prior Agency approval. |
270.43. Termination of permits.
(a) The following are causes for terminating a permit during its term, or for denying a permit renewal application:
(b) The Department shall follow the applicable procedures in R.61-79.124 in terminating any permit under this section.
SUBPART E
Expiration and Continuation of Permits
270.50. Duration of permits.
(d) Each permit for a land disposal facility shall be reviewed by the Department five years after the date of permit issuance or reissuance and shall be modified as necessary as provided in 270.41.
270.51. Continuation of expiring permits.
(a) The conditions of an expired permit continue in force until the effective date of a new permit (see 124.15) if:
(c) Enforcement. When the permittee is not in compliance with the conditions of the expiring or expired permit, the Department may choose to do any or all of the following:
(4) Take other actions authorized by these regulations.
SUBPART F
Special Forms of Permits
270.60. Permits by rule.
Notwithstanding any other provision of this part or R.61-79.124, the following shall be deemed to have a permit under these regulations if the conditions listed are met:
(a) Ocean disposal barges or vessels. The owner or operator of a barge or other vessel which accepts hazardous waste for ocean disposal, if the owner or operator:
(3) Complies with the following hazardous waste regulations:
(ii) R.61-79.264.71, Use of manifest system;
(iii) R.61-79.264.72, Manifest discrepancies;
(b) Injection wells. The owner or operator of an injection well disposing of hazardous waste, if the owner or operator;
(c) Publicly owned treatment works. The owner or operator of a POTW which accepts for treatment hazardous waste, if the owner or operator:
(3) Complies with the following regulations:
(ii) R.61-79.264.71, Use of manifest system;
(iii) R.61-79.264.72, Manifest discrepancies;
(vi) R.61-79.264.76, Unmanifested waste report; and
(vii) Complies with R.61-79.264.101; and
(4) If the waste meets all Federal, State, and local pretreatment requirements which would be applicable to the waste if it were being discharged into the POTW through a sewer, pipe, or similar conveyance.
270.61. Emergency permits.
(b) This emergency permit:
(5) Shall be accompanied by a public notice published under R.61-79.124.10 including:
(ii) Name and location of the permitted HWM facility;
(iii) A brief description of the wastes involved;
(6) Shall incorporate, to the extent possible and not inconsistent with the emergency situation, all applicable requirements of this part and parts 264 and 266.
270.62. Hazardous waste incinerator permits.
When an owner or operator of a hazardous waste incineration unit becomes subject to RCRA permit requirements after October 12, 2005, or when an owner or operator of an existing hazardous waste incineration unit demonstrates compliance with the air emission standards and limitations in 40 CFR part 63, Subpart EEE, (i.e., by conducting a comprehensive performance test and submitting a Notification of Compliance, under 63.1207(j) and 63.1210(d) documenting compliance with all applicable requirements of part 63 subpart EEE), the requirements do not apply, except those provisions the Department determines are necessary to ensure compliance with 264.345(a) and 264.345(c) if you elect to comply with 270.235(a)(1)(i) to minimize emissions of toxic compounds from startup, shutdown, and malfunction events. Nevertheless, the Department may apply the provisions, on a case-by-case basis, for purposes of information collection in accordance with 270.10(k), 270.10(l), 270.32(b)(2), and 270.32(b)(3).
(a) For the purposes of determining operational readiness following completion of physical construction, the Department may establish permit conditions, including but not limited to allowable waste feeds and operating conditions in the permit to a new hazardous waste incinerator. These permit conditions will be effective for the minimum time required to bring the incinerator to a point of operational readiness sufficient to conduct a trial burn, not to exceed 720 hours operating time for treatment of hazardous waste. The Department may extend the duration of this operational period once, for up to 720 additional hours, at the request of the applicant when good cause is shown. The permit may be modified to reflect the extension according to Section 270.42 (Permit modifications at the request of the permittee).
(b) For the purposes of determining feasibility of compliance with the performance standards of R.61-79.264.343 and of determining adequate operating conditions under R.61-79.264.345, the Department must establish conditions in the permit for a new hazardous waste incinerator to be effective during the trial burn.
(2) The trial burn plan must include the following information:
(i) An Analysis of each waste or mixture of wastes to be burned which includes:
(ii) A detailed engineering description of the incinerator for which the permit is sought including:
(J) Location and description of temperature, pressure, and flow indicating and control devices.
(iii) A detailed description of sampling and monitoring procedures, including sampling and monitoring locations in the system, the equipment to be used, sampling and monitoring frequency, and planned analytical procedures for sample analysis.
(vi) A description of, and planned operating conditions for, any emission control equipment which will be used.
(vii) Procedures for rapidly stopping waste feed, shutting down the incinerator, and controlling emissions in the event of an equipment malfunction.
(viii) Such other information as the Department reasonably finds necessary to determine whether to approve the trial burn plan in light of the purposes of this paragraph and the criteria in paragraph (b)(5) of this section.
(5) The Department will approve a trial burn plan if he finds that:
(ii) The trial burn itself will not present an imminent hazard to human health or the environment;
(iii) The trial burn will help the Department to determine operating requirements to be specified under R.61-79.264.345; and
(6) The Department must send a notice to all persons on the facility mailing list as set forth in 124.10(c)(1)(iv) and to the appropriate units of State and local government as set forth in 124.10(c)(1)(v) announcing the scheduled commencement and completion dates for the trial burn. The applicant may not commence the trial burn until after the Department has issued such notice.
(ii) This notice must contain:
(7) During each approved trial burn (or as soon after the burn as is practicable), the applicant must make the following determinations:
(ii) A quantitative analysis of the exhaust gas for the concentration and mass emissions of the trial POHCs, oxygen (O2) and hydrogen chloride (HCl).
(iii) A quantitative analysis of the scrubber water (if any), ash residues, and other residues, for the purpose of estimating the fate of the trial POHCs.
(vi) A computation of particulate emissions, in accordance with R.61-79.264.343(c).
(vii) An identification of sources of fugitive emissions and their means of control.
(viii) A measurement of average, maximum, and minimum temperatures and combustion gas velocity.
(c) For the purposes of allowing operation of a new hazardous waste incinerator following completion of the trial burn and prior to final modification of the permit conditions to reflect the trial burn results, the Department may establish permit conditions, including but not limited to allowable waste feeds and operating conditions sufficient to meet the requirements of R.61-79.264.345 in the permit of a new hazardous waste incinerator. These permit conditions will be effective for the minimum time required to complete sample analysis, data computation and submission of the trial burn results by the applicant, and modification of the facility permit by the Department.
(d) For the purpose of determining feasibility of compliance with the performance standards of 264.343 and of determining adequate operating conditions under 264.345, the applicant for a permit for an existing hazardous waste incinerator must prepare and submit a trial burn plan and perform a trial burn in accordance with 270.19(b) and paragraphs (b)(2) through (b)(5) and (b)(7) through (b)(10) of this section or, instead, submit other information as specified in 270.19(c). The Department must announce its intention to approve the trial burn plan in accordance with the timing and distribution requirements of paragraph (b)(6) of this section. The contents of the notice must include: the name and telephone number of a contact person at the facility; the name and telephone number of a contact office at the permitting Department; the location where the trial burn plan and any supporting documents can be reviewed and copied; and a schedule of the activities that are required prior to permit issuance, including the anticipated time schedule for Department approval of the plan and the time period during which the trial burn would be conducted. Applicants submitting information under 270.19(a) are exempt from compliance with 264.343 and 264.345 and, therefore, are exempt from the requirement to conduct a trial burn. Applicants who submit trial burn plans and receive approval before submission of a permit application must complete the trial burn and submit the results, specified in paragraph (b)(7) of this section, with part B of the permit application. If completion of this process conflicts with the date set for submission of the part B application, the applicant must contact the Department to establish a later date for submission of the part B application or the trial burn results. Trial burn results must be submitted prior to issuance of the permit. When the applicant submits a trial burn plan with part B of the permit application, the Department will specify a time period prior to permit issuance in which the trial burn must be conducted and the results submitted. (11/90, 12/92, 12/93, 9/98, 11/99)
270.63. Permits for land treatment demonstrations using field test or laboratory analyses.
(a) For the purpose of allowing an owner or operator to meet the treatment demonstration requirements of R.61-79.264.272, the Department may issue a treatment demonstration permit. The permit will contain only those requirements necessary to meet the standards in R.61-79.264.272(c). The permit may be issued either as a treatment or disposal permit covering only the field test or laboratory analyses, or as a two-phase facility permit covering the field tests, or laboratory analyses, and design, construction, operation and maintenance of the land treatment unit.
(b) If the Department finds that a phased permit may be issued, it will establish, as requirements in the first phase of the facility permit, conditions for conducting the field tests or laboratory analyses. These permit conditions will include design and operating parameters (including the duration of the tests or analyses and in the case of field tests, the horizontal and vertical dimensions of the treatment zone), monitoring procedures, post-demonstration clean-up activities, and any other conditions which the Department finds may be necessary under R.61-79.264.272(c). The Department will include conditions in the second phase of the facility permit to attempt to meet all Subpart M requirements pertaining to unit design, construction, operation, and maintenance. The Department will establish these conditions in the second phase of the permit based upon the substantial but incomplete or inconclusive information contained in the Part B application.
(d) If the Department determines that the results of the field tests or laboratory analyses meet the requirements of R.61-79.264.272, it will modify the second phase of the permit to incorporate any requirements necessary for operation of the facility in compliance with R.61-79.264, Subpart M, based upon the results of the field tests or laboratory analyses.
(3) If modifications under R.61-79.124.15(a)(2) are necessary, the second phase of the permit will become effective only after those modifications have been made.
270.65. Research Development, and Demonstration Permits.
(a) The Department my issue a research, development, and demonstration permit for any hazardous waste treatment facility which propose to utilize an innovative and experimental hazardous waste treatment technology or process for which permit standards for such experimental activity have not been promulgated under R.61-79.264 or R.61-79.266. Any such permit will include such terms and conditions as will assure protection of human health and the environment. Such permits:
(d) Any permit issued under this section may be renewed not more than three times. Each such renewal will be for a period of not more than 1 year. (amended 11/90)
270.66. Permits for boilers and industrial furnaces burning hazardous waste.
When an owner or operator of a cement kiln, lightweight aggregate kiln, solid fuel boiler, liquid fuel boiler, or hydrochloric acid production furnace becomes subject to RCRA permit requirements after October 12, 2005 or when an owner or operator of an existing cement kiln, lightweight aggregate kiln, solid fuel boiler, liquid fuel boiler, or hydrochloric acid production furnace demonstrates compliance with the air emission standards and limitations in 40 CFR part 63, Subpart EEE, (i.e., by conducting a comprehensive performance test and submitting a Notification of Compliance under 63.1207(j) and 63.1210 (d) documenting compliance with all applicable requirements of part 63, subpart EEE), the requirements do not apply. The requirements of this section do apply, however, if the Department determines certain provisions are necessary to ensure compliance with 266.102(e)(1) and 266.102(e)(2)(iii) if you elect to comply with 270.235(a)(1)(i) to minimize emissions of toxic compounds from startup, shutdown, and malfunction events; or if you are an area source and elect to comply with 266.105, 266.106, and 266.107 standards and associated requirements for particulate matter, hydrogen chloride and chlorine gas, and non-mercury metals; or the Department determines certain provisions apply, on a case-by-case basis, for purposes of information collection in accordance with 270.10(k), 270.10(l), 270.32(b)(2) , and 270.32(b)(3).
(b) Permit operating periods for new boilers and industrial furnaces. A permit for a new boiler or industrial furnace shall specify appropriate conditions for the following operating periods:
(1) Pretrial burn period. For the period beginning with initial introduction of hazardous waste and ending with initiation of the trial burn, and only for the minimum time required to bring the boiler or industrial furnace to a point of operational readiness to conduct a trial burn, not to exceed 720 hours operating time when burning hazardous waste, the Director must establish in the Pretrial Burn Period of the permit conditions, including but not limited to, allowable hazardous waste feed rates and operating conditions. The Director may extend the duration of this operational period once, for up to 720 additional hours, at the request of the applicant when good cause is shown. The permit may be modified to reflect the extension according to 270.42.
(3) Post-trial burn period.
(ii) Applicants must submit a statement, with part B of the application, that identifies the conditions necessary to operate during this period in compliance with the performance standards of 266.104 through 266.107 of this chapter. This statement should include, at a minimum, restrictions on the operating requirements provided by 266.102(e) of this chapter.
(iii) The Director will review this statement and any other relevant information submitted with part B of the permit application and specify requirements for this period sufficient to meet the performance standards of 266.104 through 266.107 of this chapter based on his/her engineering judgment.
(c) Requirements for trial burn plans. The trial burn plan must include the following information. The Director, in reviewing the trial burn plan, shall evaluate the sufficiency of the information provided and may require the applicant to supplement this information, if necessary, to achieve the purposes of this paragraph:
(1) An analysis of each feed stream, including hazardous waste, other fuels, and industrial furnace feed stocks, as fired, that includes:
(2) An analysis of each hazardous waste, as fired, including:
(ii) An approximate quantification of the hazardous constituents identified in the hazardous waste, within the precision produced by the analytical methods specified in “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,” EPA Publication SW-846, as incorporated by reference in R.61-79.260.11 and 270.6, or other equivalent. (revised 12/93)
(iii) A description of blending procedures, if applicable, prior to firing the hazardous waste, including a detailed analysis of the hazardous waste prior to blending, an analysis of the material with which the hazardous waste is blended, and blending ratios.
(3) A detailed engineering description of the boiler or industrial furnace, including:
(ii) Type of boiler or industrial furnace;
(iii) Maximum design capacity in appropriate units;
(vi) Description of automatic hazardous waste feed cutoff system(s); (revised 12/93)
(vii) Description of any air pollution control system; and (revised 12/93)
(viii) Description of stack gas monitoring and any pollution control monitoring systems.
(d) Trial burn procedures.
(2) The Director shall approve a trial burn plan if he/she finds that:
(ii) The trial burn itself will not present an imminent hazard to human health and the environment;
(iii) The trial burn will help the Director to determine operating requirements to be specified under 266.102(e) of this chapter; and
(3) The Department must send a notice to all persons on the facility mailing list as set forth in 124.10(c)(1)(iv) and to the appropriate units of State and local government as set forth in 124.10(c)(1)(v) announcing the scheduled commencement and completion dates for the trial burn. The applicant may not commence the trial burn until after the Department has issued such notice.
(ii) This notice must contain:
(f) Determinations based on trial burn. During each approved trial burn (or as soon after the burn as is practicable), the applicant must make the following determinations:
(2) When a DRE trial burn is required under 266.104(a) of this chapter:
(ii) A quantitative analysis of the stack gas for the concentration and mass emissions of the trial POHCs; and
(iii) A computation of destruction and removal efficiency (DRE), in accordance with the DRE formula specified in 266.104(a) of this chapter;
(g) Interim status boilers and industrial furnaces. For the purpose of determining feasibility of compliance with the performance standards of 266.104 through 266.107 of this chapter and of determining adequate operating conditions under 266.103 of this chapter, applicants owning or operating existing boilers or industrial furnaces operated under the interim status standards of 266.103 must either prepare and submit a trial burn plan and perform a trial burn in accordance with the requirements of this section or submit other information as specified in 270.22(a)(6). The Department must announce its intention to approve of the trial burn plan in accordance with the timing and distribution requirements of paragraph (d)(3) of this section. The contents of the notice must include: the name and telephone number of a contact person at the facility; the name and telephone number of a contact office at the permitting agency; the location where the trial burn plan and any supporting documents can be reviewed and copied; and a schedule of the activities that are required prior to permit issuance, including the anticipated time schedule for agency approval of the plan and the time periods during which the trial burn would be conducted. Applicants who submit a trial burn plan and receive approval before submission of the part B permit application must complete the trial burn and submit the results specified in paragraph (f) of this section with the part B permit application. If completion of this process conflicts with the date set for submission of the part B application, the applicant must contact the Department to establish a later date for submission of the part B application or the trial burn results. If the applicant submits a trial burn plan with part B of the permit application, the trial burn must be conducted and the results submitted within a time period prior to permit issuance to be specified by the Department.
270.68. Remedial Action Plans (RAPs).
Remedial Action Plans (RAPs) are special forms of permits that are regulated under subpart H of this part.
SUBPART G
Interim Status
270.70. 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 Act that render the facility subject to the requirement to have a permit under this regulation 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 44-56-120 of the S. C. Hazardous Waste Management Act pertaining to notification of hazardous waste activity and section 3010(a) of RCRA pertaining to notification of hazardous waste activity. (revised 12/92)
[Comment: Some existing facilities may not be required to file a notification under section 3010(a) of RCRA. These facilities may qualify for interim status by meeting paragraph (a)(2) of this section.](revised 12/92)
(d) As of December 25, 1992, any facility which fails to qualify for federal interim status for a newly regulated waste code or a newly regulated waste management unit promulgated pursuant to HSWA or who lost interim status for failing to certify under HSWA for any newly promulgated waste code or waste management unit, is also denied interim status under State law (rule).
270.71. Operation during interim status.
(a) During the interim status period the facility shall not:
(b) Interim status standards. During interim status, owners or operators shall comply with the interim status standards R.61-79.265.
270.72. Changes during interim status.
(a) Except as provided in paragraph (b),the owner or operator of an interim status facility may make the following changes at the facility: (amended 11/90)
(2) Increases in the design capacity of processes used at the facility if the owner or operator submits a revised Part A permit application prior to such a change (along with justification explaining the need for the change) and the Department approves the changes because:
(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:
(b) Except as specifically allowed under this paragraph, changes listed under paragraph (a) of this section may not be made if they amount to reconstruction of the hazardous waste management facility. Reconstruction occurs when the capital investment in the charges to the facility exceeds 50 percent of the capital cost of a comparable entirely new hazardous waste management facility. If all other requirement are met,the following changes may be made even if they amount to a reconstruction: (amended 11/90)
(8) Changes necessary to comply with standards under 40 CFR part 63, Subpart EEE - National Emission Standards for Hazardous Air Pollutants From Hazardous Waste Combustors.
270.73. Termination of interim status.
Interim status terminates when:
(c) For owners or operators of each land disposal facility which has been granted interim status prior to November 8, 1984, on November 8, 1985, unless:
(d) For owners or operators of each land disposal facility which is in existence on the effective date of statutory or regulatory amendments under the Act that render the facility subject to the requirement to have a permit under this regulation and which is granted interim status, twelve months after the date on which the facility first becomes subject to such permit requirement unless the owner or operator of such facility:
(h) The Department determines that a facility’s continuing violation of the standards included in R.61-79.265 could pose a threat to the health of persons or to the environment and efforts by the Department have proven unsuccessful in obtaining compliance.
SUBPART H
Remedial Action Plans
270.79. Why is this subpart written in a special format?
This subpart is written in a special format to make it easier to understand the regulatory requirements. Like other regulations, this establishes enforceable legal requirements. For this Subpart, “I” and “you” refer to the owner/operator.
General Information
270.80. What is a RAP?
(d) A RAP may be:
(f) If you receive a RAP at a facility operating under interim status, the RAP does not terminate your interim status.
270.85. When do I need a RAP?
(a) Whenever you treat, store, or dispose of hazardous remediation wastes in a manner that requires a RCRA permit under 270.1, you must either obtain:
(c) You may obtain a RAP for managing hazardous remediation waste at an already permitted RCRA facility. You must have these RAPs approved as a modification to your existing permit according to the requirements of 270.41 or 270.42 instead of the requirements in this Subpart. When you submit an application for such a modification, however, the information requirements in 270.42(a)(1)(i), (b)(1)(iv), and (c)(1)(iv) do not apply; instead, you must submit the information required under 270.110. When your permit is modified the RAP becomes part of the RCRA permit. Therefore when your permit (including the RAP portion) is modified, revoked and reissued, terminated or when it expires, it will be modified according to the applicable requirements in 270.40 through 270.42, revoked and reissued according to the applicable requirements in 270.41 and 270.43, terminated according to the applicable requirements in 270.43, and expire according to the applicable requirements in 270.50 and 270.51.
270.90. Does my RAP grant me any rights or relieve me of any obligations?
The provisions of 270.4 apply to RAPs. (Note: The provisions of 270.4(a) provide you assurance that, as long as you comply with your RAP, the Department will consider you in compliance with Subtitle C of RCRA, and will not take enforcement actions against you. However, you should be aware of four exceptions to this provision that are listed in 270.4.)
Applying for a RAP
270.95. How do I apply for a RAP?
To apply for a RAP, you must complete an application, sign it, and submit it to the Department according to the requirements in this subpart.
270.100. Who must obtain a RAP?
When a facility or remediation waste management site is owned by one person, but the treatment, storage or disposal activities are operated by another person, it is the operator’s duty to obtain a RAP, except that the owner must also sign the RAP application.
270.105. Who must sign the application and any required reports for a RAP?
Both the owner and the operator must sign the RAP application and any required reports according to 270.11(a), (b), and (c). In the application, both the owner and the operator must also make the certification required under 270.11(d)(1). However, the owner may choose the alternative certification under 270.11(d)(2) if the operator certifies under 270.11(d)(1).
270.110. What must I include in my application for a RAP?
You must include the following information in your application for a RAP:
(e) A scaled drawing of the remediation waste management site showing:
(f) A specification of the hazardous remediation waste to be treated, stored or disposed of at the facility or remediation waste management site. This must include information on:
(i) Any other information the Department decides is necessary for demonstrating compliance with this subpart or for determining any additional RAP conditions that are necessary to protect human health and the environment.
270.115. What if I want to keep this information confidential?
The South Carolina Freedom of Information Act may allow you to claim as confidential any or all of the information you submit to the Department under this subpart. You must assert any such claim at the time that you submit your RAP application or other submissions by stamping the words “confidential business information” on each page containing such information. If you do assert a claim at the time you submit the information, the Department will treat the information according to established procedures which will give you an opportunity to demonstrate that the information for which protection is sought falls into one of the exceptions under Code Section 30-4-40. If you do not assert a claim at the time you submit the information, the Department may make the information available to the public without further notice to you. The Department will deny any requests for confidentiality of your name and or address.
270.120. To whom must I submit my RAP application?
You must submit your application for a RAP to the Department for approval.
270.125. If I submit my RAP application as part of another document, what must I do?
If you submit your application for a RAP as a part of another document, you must clearly identify the components of that document that constitute your RAP application.
Getting a RAP Approved
270.130. What is the process for approving or denying my application for a RAP?
(b) If the Department tentatively finds that your RAP application does not include all of the information required by 270.110 or that your proposed remediation waste management activities do not meet the regulatory standards, the Department may request additional information from you or ask you to correct deficiencies in your application. If you fail or refuse to provide any additional information the Department requests, or to correct any deficiencies in your RAP application, the Department may make a tentative decision to deny your RAP application. After making this tentative decision, the Department will prepare a notice of intent to deny your RAP application (“notice of intent to deny”) and provide an opportunity for public comment before making a final decision on your RAP application, according to the requirements in this Subpart. The Department may deny the RAP application either in its entirety or in part.
270.135. What must the Department include in a draft RAP?
If the Department prepares a draft RAP, it must include the:
(b) The following terms and conditions:
(c) If the draft RAP is part of another document, as described in 270.80(d)(2), the Department must clearly identify the components of that document that constitute the draft RAP.
270.140. What else must the Department prepare in addition to the draft RAP or notice of intent to deny?
Once the Department has prepared the draft RAP or notice of intent to deny, it must then:
(b) Compile an administrative record, including:
(c) Make information contained in the administrative record available for review by the public upon request.
270.145. What are the procedures for public comment on the draft RAP or notice of intent to deny?
(a) The Department must:
(c) The notice required by paragraph (a) of this section must include:
(d) If, within the comment period, the Department receives written notice of opposition to its intention to approve or deny your RAP application and a request for a hearing, the Department must hold an informal public hearing to discuss issues relating to the approval or denial of your RAP application. The Department may also determine on its own initiative that an informal hearing is appropriate. The hearing must include an opportunity for any person to present written or oral comments. Whenever possible, the Department must schedule this hearing at a location convenient to the nearest population center to the remediation waste management site and give notice according to the requirements in paragraph (a) of this section. This notice must, at a minimum, include the information required by paragraph (c) of this section and:
(3) A brief description of the nature and purpose of the hearing, including the applicable rules and procedures.
270.150. How will the Department make a final decision on my RAP application?
(f) Before issuing the final RAP decision, the Department must compile an administrative record. Material readily available at the Department or published materials which are generally available and which are included in the administrative record need not be physically included with the rest of the record as long as it is specifically referred to in the statement of basis or the response to comments. The administrative record for the final RAP must include information in the administrative record for the draft RAP (see 270.140(b)) and:
(g) The Department must make information contained in the administrative record available for review by the public upon request.
270.155. May the decision to approve or deny my RAP application be administratively appealed?
(b) [Repealed.]
270.160. When does my RAP become effective?
Your RAP becomes effective 15 days after the Department notifies you and all commenters that your RAP is approved unless:
(c) No commenters requested a change in the draft RAP, in which case the RAP becomes effective immediately when it is issued.
270.165. When may I begin physical construction of new units permitted under the RAP?
You must not begin physical construction of new units permitted under the RAP for treating, storing or disposing of hazardous remediation waste before receiving a finally effective RAP.
How May my RAP be Modified, Revoked and Reissued, or Terminated?
270.170. After my RAP is issued, how may it be modified, revoked and reissued, or terminated?
In your RAP, the Department must specify, either directly or by reference, procedures for future modifications, revocations and reissuance, or terminations of your RAP. These procedures must provide adequate opportunities for public review and comment on any modification, revocation and reissuance, or termination that would significantly change your management of your remediation waste, or that otherwise merits public review and comment. If your RAP has been incorporated into a traditional RCRA permit, as allowed under 270.85(c), then the RAP will be modified according to the applicable requirements in 270.40 through 270.42, revoked and reissued according to the applicable requirements in 270.41 and 270.43, or terminated according to the applicable requirements of 270.43.
270.175. For what reasons may the Department choose to modify my final RAP?
(a) The Department may modify your final RAP on its own initiative only if one or more of the following reasons listed in this section exist(s). If one or more of these reasons do not exist, then the Department will not modify your final RAP, except at your request. Reasons for modification are:
(c) The Department will not reevaluate the suitability of the facility location at the time of RAP modification unless new information or standards indicate that a threat to human health or the environment exists that was unknown when the RAP was issued.
270.180. For what reasons may the Department choose to revoke and reissue my final RAP?
(b) The Department will not reevaluate the suitability of the facility location at the time of RAP revocation and reissuance, unless new information or standards indicate that a threat to human health or the environment exists that was unknown when the RAP was issued.
270.185. For what reasons may the Department choose to terminate my final RAP, or deny my renewal application?
The Department may terminate your final RAP on its own initiative, or deny your renewal application for the same reasons as those listed for RAP modifications in 270.175(a)(5) through (7) if the Department determines that termination of your RAP or denial of your RAP renewal application is appropriate.
270.190. May the decision to approve or deny a modification, revocation and reissuance, or termination of my RAP be administratively appealed?
(a) Any commenter on the modification, revocation and reissuance or termination, or any person who participated in any hearing(s) on these actions, may appeal the Department’s decision to approve a modification, revocation and reissuance, or termination of your RAP, according to 270.155. Any person who did not file comments or did not participate in any public hearing(s) on the modification, revocation and reissuance or termination, may petition for administrative review only of the changes from the draft to the final RAP decision.
270.195. When will my RAP expire?
RAPs must be issued for a fixed term, not to exceed 10 years, although they may be renewed upon approval by the Department in fixed increments of no more than ten years. In addition, the Department must review any RAP for hazardous waste land disposal five years after the date of issuance or reissuance and you or the Department must follow the requirements for modifying your RAP as necessary to assure that you continue to comply with currently applicable requirements in RCRA sections 3004 and 3005.
270.200. How may I renew my RAP if it is expiring?
If you wish to renew your expiring RAP, you must follow the process for application for and issuance of RAPs in this subpart.
270.205. What happens if I have applied correctly for a RAP renewal but have not received approval by the time my old RAP expires?
If you have submitted a timely and complete application for a RAP renewal, but the Department, through no fault of yours, has not issued a new RAP with an effective date on or before the expiration date of your previous RAP, your previous RAP conditions continue in force until the effective date of your new RAP or RAP denial.
Operating Under Your RAP
270.210. What records must I maintain concerning my RAP?
You are required to keep records of:
(b) Any operating and/or other records the Department requires you to maintain as a condition of your RAP.
270.215. How are time periods in the requirements in this subpart and my RAP computed?
(d) Whenever a party or interested person has the right to or is required to act within a prescribed period after the service of notice or other paper upon him by mail, 3 days must be added to the prescribed term.
270.220. How may I transfer my RAP to a new owner or operator?
(b) When a transfer of ownership or operational control occurs, you as the old owner or operator must comply with the applicable requirements in part 264, subpart H (Financial Requirements), of this chapter until the new owner or operator has demonstrated that he is complying with the requirements in that subpart. The new owner or operator must demonstrate compliance with part 264, subpart H, of this chapter within six months of the date of the change in ownership or operational control of the facility or remediation waste management site. When the new owner/operator demonstrates compliance with part 264, subpart H, of this chapter to the Department, the Department will notify you that you no longer need to comply with part 264, subpart H, of this chapter as of the date of demonstration.
270.225. What must the State report about noncompliance with RAPs?
The State must report noncompliance with RAPs according to the provisions of 270.5.
Obtaining a RAP for an Off-Site Location
270.230. May I perform remediation waste management activities under a RAP at a location removed from the area where the remediation wastes originated?
(d) A RAP for an alternative location must also meet the following requirements, which the Department must include in the RAP for such locations:
(4) The site permitted in the RAP may not be located within 61 meters or 200 feet of a fault which has had displacement in the Holocene time (you must demonstrate compliance with this standard through the requirements in 270.14(b)(11)) (See definitions of terms in 264.18(a) of this chapter);
Note to paragraph (d)(4): Sites located in political jurisdictions other than those listed in Appendix VI of Part 264 of this chapter, are assumed to be in compliance with this requirement.
(e) These alternative locations are remediation waste management sites, and retain the following benefits of remediation waste management sites:
(2) Application of 264.1(j) of this chapter in lieu of part 264, subparts B, C, and D, of this chapter.
SUBPART I
Integration with Maximum Achievable Control Technology (MACT) Standards
270.235. Options for incinerators, cement kilns, lightweight aggregate kilns, solid fuel boilers, liquid fuel boilers and hydrochloric acid production furnaces to minimize emissions from startup, shutdown, and malfunction events.
(1) Revisions to permit conditions after documenting compliance with MACT. The owner or operator of a RCRA-permitted incinerator, cement kiln, lightweight aggregate kiln, solid fuel boiler, liquid fuel boiler, or hydrochloric acid production furnace may request that the Department address permit conditions that minimize emissions from startup, shutdown, and malfunction events under any of the following options when requesting removal of permit conditions that are no longer applicable according to 264.340(b) and 266.100(b):
(i) Retain relevant permit conditions. Under this option, the Department will:
(ii) Revise relevant permit conditions.
(A) Under this option, the Department will:
(B) Changes that may significantly increase emissions.
(2) The Department may revise permit conditions as a result of these changes to ensure that emissions of toxic compounds are minimized during startup, shutdown, or malfunction events, including releases from emergency safety vents either:
(ii) By modifying the permit under 270.41(a) or 270.42.
(iii) Remove permit conditions. Under this option:
(2) Addressing permit conditions upon permit reissuance. The owner or operator of an incinerator, cement kiln, lightweight aggregate kiln, solid fuel boiler, liquid fuel boiler, or hydrochloric acid production furnace that has conducted a comprehensive performance test and submitted to the Department a Notification of Compliance documenting compliance with the standards of 40 CFR part 63, Subpart EEE, may request in the application to reissue the permit for the combustion unit that the Department control emissions from startup, shutdown, and malfunction events under any of the following options:
(i) RCRA option A.
(A) Under this option, the Department will:
(ii) RCRA option B.
(A) Under this option, the Department will:
(B) Changes that may significantly increase emissions.
(2) The Department may revise permit conditions as a result of these changes to ensure that emissions of toxic compounds are minimized during startup, shutdown, or malfunction events, including releases from emergency safety vents either:
(ii) By modifying the permit under 270.41(a) or 270.42; or
(iii) CAA option. Under this option:
(1) Interim status operations. In compliance with 265.340 and 266.100(b), the owner or operator of an incinerator, cement kiln, lightweight aggregate kiln, solid fuel boiler, liquid fuel boiler, or hydrochloric acid production furnace that is operating under the interim status standards of part 265 or 266 may control emissions of toxic compounds during startup, shutdown, and malfunction events under either of the following options after conducting a comprehensive performance test and submitting to the Department a Notification of Compliance documenting compliance with the standards of 40 CFR part 63, Subpart EEE:
1976 Code Sections 44-56-30 et seq., 48-6-10 et seq., and 2023 Act No. 60, effective July 1, 2024
HISTORY: Amended by State Register 11, Issue No. 11, eff November 27, 1987; State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 17, Issue No. 12, eff December 24, 1993; State Register Volume 20, Issue No. 5, eff May 24, 1996; State Register Volume 22, Issue No. 9, Part 2, eff September 25, 1998; State Register Volume 24, Issue No. 8, eff August 25, 2000; State Register Volume 31, Issue No. 2, eff February 23, 2007; State Register Volume 31, Issue No. 6, eff June 22, 2007; SCSR 43-5 Doc. No. 4841, eff May 24, 2019; SCSR 44-11 Doc. No. 4976, eff November 27, 2020; SCSR 45-5 Doc. No. 4975, eff May 28, 2021; SCSR 46-5 Doc. No. 5058, eff May 27, 2022.
HISTORY: Amended by State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 17, Issue No. 12, eff December 24, 1993; State Register Volume 20, Issue No. 5, eff May 24, 1996; State Register Volume 24, Issue No. 8, eff August 25, 2000.
HISTORY: Added by State Register Volume 11, Issue No. 11, eff November 27, 1987; amended by State Register Volume 16, Issue No. 12, eff December 25, 1992.
HISTORY: Amended by State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 17, Issue No. 12, eff December 24, 1993; State Register Volume 22, Issue No. 9, Part 2, eff September 25, 1998; Amended by State Register Volume 36, Issue No. 9, eff September 28, 2012.
HISTORY: Added by State Register Volume 12, Issue No. 10, eff October 28, 1988. Amended by State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 17, Issue No. 12, eff December 24, 1993; State Register Volume 32, Issue No. 6, eff June 27, 2008; SCSR 46-5 Doc. No. 5058, eff May 27, 2022.
HISTORY: Amended by State Register Volume 10, Issue No. 1, eff January 24, 1986; State Register Volume 11, Issue No. 11, eff November 27, 1987; State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 17, Issue No. 5, Part II, eff May 28, 1993; State Register Volume 17, Issue No. 12, eff December 24, 1993; State Register Volume 19, Issue No. 6, eff June 23, 1995; State Register Volume 32, Issue No. 6, eff June 27, 2008; State Register Volume 34, Issue No. 5, eff May 28, 2010.
HISTORY: Amended by State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 24, Issue No. 8, eff August 25, 2000.
HISTORY: Amended by State Register Volume 16, Issue No. 12, eff December 25, 1992.
HISTORY: Amended by State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 17, Issue No. 12, eff December 24, 1993.
HISTORY: Amended by State Register Volume 10, Issue No. 1, eff January 24, 1986; State Register Volume 11, Issue No. 11, eff November 27, 1987; State Register Volume 12, Issue No. 10, eff October 28, 1988; State Register Volume 13, Issue No. 6, eff June 23, 1989; State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 17, Issue No. 5, Part II, eff May 28, 1993; State Register Volume 17, Issue No. 12, eff December 24, 1993; State Register Volume 19, Issue No. 6, eff June 23, 1995; State Register Volume 22, Issue No. 9, Part 2, eff September 25, 1998; State Register Volume 23, Issue No. 11, eff November 26, 1999; State Register Volume 24, Issue No. 8, eff August 25, 2000; State Register Volume 32, Issue No. 6, eff June 27, 2008; SCSR 44-6 Doc. No. 4883, eff June 26, 2020; SCSR 46-5 Doc. No. 5058, eff May 27, 2022.
HISTORY: Amended by State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 22, Issue No. 9, Part 2, eff September 25, 1998.
HISTORY: Amended by State Register Volume 10, Issue No. 1, eff January 24, 1986; State Register Volume 11, Issue No. 11, eff November 27, 1987; State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 22, Issue No. 9, Part 2, eff September 25, 1998; State Register Volume 32, Issue No. 6, eff June 27, 2008.
HISTORY: Amended by State Register Volume 10, Issue No. 1, eff January 24, 1986; State Register Volume 12, Issue No. 10, eff October 28, 1988; State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 17, Issue No. 12, eff December 24, 1993; State Register Volume 22, Issue No. 9, Part 2, eff September 25, 1998.
HISTORY: Amended by State Register Volume 10, Issue No. 1, eff January 24, 1986; State Register Volume 12, Issue No. 10, eff October 28, 1988; State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 17, Issue No. 12, eff December 24, 1993.
HISTORY: Amended by State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 17, Issue No. 12, eff December 24, 1993; State Register Volume 20, Issue No. 5, eff May 24, 1996; State Register Volume 27, Issue No. 6, Part 1, eff June 27, 2003; State Register Volume 28, Issue No. 6, eff June 25, 2004; State Register Volume 32, Issue No. 6, eff June 27, 2008; SCSR 45-5 Doc. No. 4975, eff May 28, 2021; SCSR 46-5 Doc. No. 5058, eff May 27, 2022.
HISTORY: Amended by State Register Volume 10, Issue No. 1, eff January 24, 1986; State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 28, Issue No. 6, eff June 25, 2004.
HISTORY: Amended by State Register Volume 10, Issue No. 1, eff January 24, 1986; State Register Volume 11, Issue No. 11, eff November 27, 1987; State Register Volume 13, Issue No. 6, eff June 23, 1989; State Register Volume 14, Issue No. 11, eff November 23, 1990; tate Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 17, Issue No. 12, eff December 24, 1993; State Register Volume 24, Issue No. 8, eff August 25, 2000.
HISTORY: Added by State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 18, Issue No. 12, eff December 23, 1994. Amended by State Register Volume 27, Issue No. 6, Part 1, eff June 27, 2003; State Register Volume 28, Issue No. 6, eff June 25, 2004; State Register Volume 32, Issue No. 6, eff June 27, 2008; Amended by State Register Volume 36, Issue No. 9, eff September 28, 2012; SCSR 46-5 Doc. No. 5058, eff May 27, 2022.
HISTORY: Added by State Register Volume 14, Issue No. 11, eff November 23, 1990.
HISTORY: Added by State Register Volume 16, Issue No. 12, eff December 25, 1992. Amended by State Register Volume 20, Issue No. 5, eff May 24, 1996; State Register Volume 32, Issue No. 6, eff June 27, 2008.
HISTORY: Added by State Register Volume 16, Issue No. 12, eff December 25, 1992. Amended by State Register Volume 20, Issue No. 5, eff May 24, 1996; State Register Volume 32, Issue No. 6, eff June 27, 2008; State Register Volume 36, Issue No. 9, eff September 28, 2012; SCSR 46-5 Doc. No. 5058, eff May 27, 2022.
HISTORY: Added by State Register Volume 16, Issue No. 12, eff December 25, 1992. Amended by State Register Volume 32, Issue No. 6, eff June 27, 2008; SCSR 44-6 Doc. No. 4883, eff June 26, 2020.
HISTORY: Added by State Register Volume 22, Issue No. 9, Part 2, eff September 25, 1998; Amended by State Register Volume 25, Issue No. 10, eff October 26, 2001.
HISTORY: Amended by State Register Volume 24, Issue No. 8, eff August 25, 2000.
HISTORY: Added by State Register Volume 16, Issue No. 12, eff December 25, 1992. Amended by SCSR 46-5 Doc. No. 5058, eff May 27, 2022.
HISTORY: Amended by State Register Volume 10, Issue No. 1, eff January 24, 1986; State Register Volume 11, Issue No. 11, eff November 27, 1987; State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 17, Issue No. 12, eff December 24, 1993; State Register Volume 22, Issue No. 9, Part 2, eff September 25, 1998; SCSR 49-5 Doc. No. 5328, eff May 23, 2025.
HISTORY: Amended by State Register Volume 10, Issue No. 1, eff January 24, 1986; State Register Volume 11, Issue No. 11, eff November 27, 1987; State Register Volume 14, Issue No. 11, eff November 23, 1990; SCSR 46-5 Doc. No. 5058, eff May 27, 2022.
HISTORY: Amended by State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 17, Issue No. 12, eff December 24, 1993; State Register Volume 28, Issue No. 6, eff June 25, 2004; State Register Volume 32, Issue No. 6, eff June 27, 2008; SCSR 46-5 Doc. No. 5058, eff May 27, 2022.
HISTORY: Amended by State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 17, Issue No. 12, eff December 24, 1993.
HISTORY: Amended by State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 17, Issue No. 5, Part II, eff May 28, 1993; State Register Volume 21, Issue No. 6, Part 2, eff June 27, 1997.
HISTORY: Amended by State Register Volume 10, Issue No. 1, eff January 24, 1986; State Register Volume 11, Issue No. 11, eff November 27, 1987; State Register Volume 12, Issue No. 10, eff October 28, 1988; State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 17, Issue No. 5, eff May 28, 1993; State Register Volume 17, Issue No. 12, eff December 24, 1993; State Register Volume 21, Issue No. 6, Part 2, eff June 27, 1997.
HISTORY: Amended by State Register Volume 11, Issue No. 11, eff November 27, 1987; State Register Volume 17, Issue No. 5, Part II, eff May 28, 1993; State Register Volume 17, Issue No. 12, eff December 24, 1993; State Register Volume 18, Issue No. 12, eff December 23, 1994; State Register Volume 19, Issue No. 6, eff June 23, 1995; State Register Volume 21, Issue No. 6, Part 2, eff June 27, 1997; State Register Volume 22, Issue No. 9, Part 2, eff September 25, 1998; State Register Volume 23, Issue No. 11, eff November 26, 1999; State Register Volume 24, Issue No. 8, eff August 25, 2000; State Register Volume 25, Issue No. 10, eff October 26, 2001; State Register Volume 27, Issue No. 6, Part 1, eff June 27, 2003; State Register Volume 32, Issue No. 6, eff June 27, 2008; State Register Volume 36, Issue No. 3, eff March 23, 2012; State Register Volume 36, Issue No. 9, eff September 28, 2012; SCSR 43-5 Doc. No. 4841, eff May 24, 2019; SCSR 46-5 Doc. No. 5058, eff May 27, 2022.
HISTORY: Amended by State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 17, Issue No. 12, eff December 24, 1993; State Register Volume 19, Issue No. 6, eff June 23, 1995; State Register Volume 21, Issue No. 6, Part 2, eff June 27, 1997.
HISTORY: Amended by State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 17, Issue No. 12, eff December 24, 1993.
HISTORY: Amended by State Register Volume 10, Issue No. 1, eff January 24, 1986; State Register Volume 11, Issue No. 11, eff November 27, 1987; State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 17, Issue No. 12, eff December 24, 1993.
HISTORY: Amended by State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 17, Issue No. 12, eff December 24, 1993; State Register Volume 22, Issue No. 9, Part 2, eff September 25, 1998.
HISTORY: Amended by State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 17, Issue No. 5, Part II, eff May 25, 1993; State Register Volume 17, Issue No. 12, eff December 24, 1993; State Register Volume 22, Issue No. 9, Part 2, eff September 25, 1998; State Register Volume 23, Issue No. 11, eff November 26, 1999; State Register Volume 24, Issue No. 8, eff August 25, 2000; State Register Volume 27, Issue No. 6, Part 1, eff June 27, 2003; State Register Volume 28, Issue No. 6, eff June 25, 2004; State Register Volume 32, Issue No. 6, eff June 27, 2008; State Register Volume 36, Issue No. 9, eff September 28, 2012; SCSR 46-5 Doc. No. 5058, eff May 27, 2022.
HISTORY: Amended by State Register Volume 14, Issue No. 11, eff November 23, 1990.
HISTORY: Added by State Register Volume 10, Issue No. 1, eff January 24, 1986. Amended by State Register Volume 14, Issue No. 11, eff November 23, 1990; SCSR 46-5 Doc. No. 5058, eff May 27, 2022.
HISTORY: Added by State Register Volume 17, Issue No. 12, eff December 24, 1993. Amended by State Register Volume 20, Issue No. 5, eff May 24, 1996; State Register Volume 22, Issue No. 9, Part 2, eff September 25, 1998; State Register Volume 27, Issue No. 6, Part 1, eff June 27, 2003; State Register Volume 28, Issue No. 6, eff June 25, 2004; State Register Volume 32, Issue No. 6, eff June 27, 2008.
HISTORY: Added by State Register Volume 24, Issue No. 8, eff August 25, 2000.
HISTORY: Amended by State Register Volume 10, Issue No. 1, eff January 24, 1986; State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 17, Issue No. 12, eff December 24, 1993.
HISTORY: Amended by State Register Volume 11, Issue No. 11, eff November 27, 1987; State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 17, Issue No. 12, eff December 24, 1993; State Register Volume 23, Issue No. 11, eff November 26, 1999.
HISTORY: Amended by State Register Volume 10, Issue No. 1, eff January 24, 1986; State Register Volume 11, Issue No. 11, eff November 27, 1987; State Register Volume 13, Issue No. 6, eff June 23, 1989; State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 24, Issue No. 8, eff August 25, 2000.
HISTORY: Added by State Register Volume 24, Issue No. 8, eff August 25, 2000.
HISTORY: Added by State Register Volume 24, Issue No. 8, eff August 25, 2000.
HISTORY: Added by State Register Volume 24, Issue No. 8, eff August 25, 2000.
HISTORY: Added by State Register Volume 24, Issue No. 8, eff August 25, 2000.
HISTORY: Added by State Register Volume 24, Issue No. 8, eff August 25, 2000.
HISTORY: Added by State Register Volume 24, Issue No. 8, eff August 25, 2000.
HISTORY: Added by State Register Volume 24, Issue No. 8, eff August 25, 2000.
HISTORY: Added by State Register Volume 24, Issue No. 8, eff August 25, 2000.
HISTORY: Added by State Register Volume 24, Issue No. 8, eff August 25, 2000.
HISTORY: Added by State Register Volume 24, Issue No. 8, eff August 25, 2000.
HISTORY: Added by State Register Volume 24, Issue No. 8, eff August 25, 2000.
HISTORY: Added by State Register Volume 24, Issue No. 8, eff August 25, 2000.
HISTORY: Added by State Register Volume 24, Issue No. 8, eff August 25, 2000.
HISTORY: Added by State Register Volume 24, Issue No. 8, eff August 25, 2000.
HISTORY: Added by State Register Volume 24, Issue No. 8, eff August 25, 2000.
HISTORY: Added by State Register Volume 24, Issue No. 8, eff August 25, 2000.
HISTORY: Added by State Register Volume 24, Issue No. 8, eff August 25, 2000. Amended by SCSR 49-5 Doc. No. 5328, eff May 23, 2025.
HISTORY: Added by State Register Volume 24, Issue No. 8, eff August 25, 2000.
HISTORY: Added by State Register Volume 24, Issue No. 8, eff August 25, 2000.
HISTORY: Added by State Register Volume 24, Issue No. 8, eff August 25, 2000.
HISTORY: Added by State Register Volume 24, Issue No. 8, eff August 25, 2000.
HISTORY: Added by State Register Volume 24, Issue No. 8, eff August 25, 2000.
HISTORY: Added by State Register Volume 24, Issue No. 8, eff August 25, 2000.
HISTORY: Added by State Register Volume 24, Issue No. 8, eff August 25, 2000.
HISTORY: Added by State Register Volume 24, Issue No. 8, eff August 25, 2000.
HISTORY: Added by State Register Volume 24, Issue No. 8, eff August 25, 2000.
HISTORY: Added by State Register Volume 24, Issue No. 8, eff August 25, 2000.
HISTORY: Added by State Register Volume 24, Issue No. 8, eff August 25, 2000.
HISTORY: Added by State Register Volume 24, Issue No. 8, eff August 25, 2000. Amended by SCSR 49-5 Doc. No. 5328, eff May 23, 2025.
HISTORY: Added by State Register Volume 24, Issue No. 8, eff August 25, 2000.
HISTORY: Added by State Register Volume 24, Issue No. 8, eff August 25, 2000.
HISTORY: Added by State Register Volume 24, Issue No. 8, eff August 25, 2000.
HISTORY: Added by State Register Volume 27, Issue No. 6, Part 1, eff June 27, 2003. Amended by State Register Volume 32, Issue No. 6, eff June 27, 2008.