Ala. Admin. Code r. 335-14-1-.01
Current through Register Vol. 42, No. 11, August 30, 2024
Section 335-14-1-.01 - General(1)Purpose, scope, applicability, citations, and submissions. (a)335-14-1 provides definitions of terms, general standards, and overview information applicable to Division 335-14.(b) In 335-14-1: 1.335-14-1-.01(2) sets forth the rules that EPA and ADEM will use in making information they receive available to the public and sets forth the requirements that generators, transporters, or owners or operators of treatment, storage or disposal facilities must follow to assert claims of business confidentiality with respect to information that is submitted to EPA and ADEM under 335-14-1 through 335-14-6 and 335-14-9.2.335-14-1-.01(3) establishes rules of grammatical construction for Division 335-14.3.335-14-1-.02 defines terms which are used in Division 335-14.4.335-14-1-.03 establishes procedures for petitioning ADEM and EPA to amend, modify, or revoke any provision of Division 335-14 and establishes procedures for governing ADEM action on such petitions.5.335-14-1-.03(1) establishes procedures for petitioning ADEM to approve testing methods as equivalent to those prescribed in 335-14-2, 335-14-5, or 335-14-6.6.335-14-1-.03(2) establishes procedures for petitioning ADEM to amend 335-14-2-.04 to exclude a waste from a particular facility.7.335-14-1-.03(3) establishes procedures for petitioning ADEM to include a waste in 335-14-11. NOTE: Generators cannot petition ADEM under Rules 335-14-1-.03 and 335-14-11-.07 until the Department has received authorization from EPA for this revision of the Department's base program.
(c) Unless specified otherwise by citation to the Code of Federal Regulations (CFR) or other authority, all citations to Divisions, Rules, paragraphs, and subparagraphs are to the Alabama Department of Environmental Management Administrative Code.(d) Unless specified otherwise in Division 335-14, reports, notices, permit applications and all other submissions required by Division 335-14 shall be addressed to the following: 1. If such submission is to the Director, Mail:
Director
Alabama Department of Environmental Management
P. O. Box 301463
Montgomery, AL 36130-1463
Hand Delivery:
Director
Alabama Department of Environmental Management
1400 Coliseum Boulevard
Montgomery, AL 36110-2400
2. If such submission is to the Department, Mail:
Chief, Land Division
Alabama Department of Environmental Management
P. O. Box 301463
Montgomery, AL 36130-1463
Hand Delivery:
Chief, Land Division
Alabama Department of Environmental Management
1400 Coliseum Boulevard
Montgomery, AL 36110-2400
(e) Certain submissions required by Division 335-14 involve the practice of engineering and/or land surveying, as those terms are defined in Code of Ala. 1975, as amended, §§ 34-11-1 to 34-11-37; and/or the practice of geology, as that term is defined in Code of Ala. 1975, as amended, §§ 34-41-1 to 34-41-24. It is the responsibility of any person preparing or submitting such submissions to ensure compliance with these laws and any regulations promulgated thereunder, as may be required by the Alabama Board of Licensure for Professional Engineers and Land Surveyors and/or the Alabama Board of Licensure for Professional Geologists. All submissions, or parts thereof, which are required by State of Alabama law to be prepared by a licensed engineer, land surveyor, or geologist, must include the engineer's, land surveyor's, and/ or geologist's signature and/or seal, as required by the applicable licensure laws.(2)Availability of information; confidentiality of information. (a) Any information provided to EPA under Parts 260 through 266 and 268 of 40 CFR will be made available to the public to the extent and in the manner authorized by the Freedom of Information Act, 5 U.S.C. Section 552, Section 3007(b) of RCRA and EPA regulations implementing the Freedom of Information Act and Section 3007(b), Part 2 of 40 CFR, as applicable. Any information provided to ADEM under 335-14-1 through 335-14-6 and 335-14-9 will be made available to the public to the extent and in the manner authorized by the ADEM Administrative Code 335-1-1-.06.(b) Except as provided in 335-14-1-.01(2)(c) and (d), any person who submits information to EPA in accordance with 335-14-1 through 335-14-7 and 335-14-9 may assert a claim of business confidentiality covering part or all of that information by following the procedures set forth in §2.203(b) of 40 CFR. Information covered by such a claim will be disclosed by EPA only to the extent, and by means of the procedures, set forth in Part 2, Subpart B, of 40 CFR. Any person who submits information to ADEM in accordance with 335-14-1 through 335-14-7 and 335-14-9 may assert a claim of business confidentiality in accordance with the ADEM Administrative Code 335-1-1-.06. 1. After August 6, 2014, no claim of business confidentiality may be asserted by any person with respect to information entered on a Hazardous Waste Manifest (EPA Form 8700-22), a Hazardous Waste Manifest Continuation Sheet (EPA Form 8700-22A), or an electronic manifest format that may be prepared and used in accordance with 335-14-3-.02(1)(a)3.2. EPA will make any electronic manifest that is prepared and used in accordance with 335-14-3-.02(1)(a)3., or any paper manifest that is submitted to the system under 335-14-5-.05 or 335-14-6-.05 available to the public under this section when the electronic or paper manifest is a complete and final document. Electronic manifests and paper manifests submitted to the system are considered by EPA to be complete and final documents and publicly available information after 90 days have passed since the delivery to the designated facility of the hazardous waste shipment identified in the manifest.(d)1. After June 26, 2018, no claim of business confidentiality may be asserted by any person with respect to information contained in cathode ray tube export documents prepared, used and submitted under 335-14-2-.05(1)(a)5. and 335-14-2-.05(3)(a), and with respect to information contained in hazardous waste export, import, and transit documents prepared, used and submitted under 40 CFR §§ 262.82 [incorporated by reference in 335-14-3-.09(3)], 262.83 [incorporated by reference in 335-14-3-.09(4)], 262.84 [incorporated by reference in 335-14-3-.09(5)], 335-14-4-.02(1), 335-14-5-.02(3), 335-14-5-.05(2), 335-14-6-.2(3), and 335-14-6-.05(2), whether submitted electronically into EPA's Waste Import Export Tracking System or in paper format.2. EPA will make any cathode ray tube export documents prepared, used and submitted under 335-14-2-.05(1)(a)5. and 335-14-2-.05(3)(a), and any hazardous waste export, import, and transit documents prepared, used and submitted under 40 CFR §§ 262.82 [incorporated by reference in 335-14-3-.09(3)], 262.83 [incorporated by reference in 335-14-3-.09(4)], 262.84 [incorporated by reference in 335-14-3-.09(5)], 335-14-4-.02(1), 335-14-5-.02(3), 335--5-.05(2), 335-14-6-.02(3), and 335-14-6-5(2) available to the public under this section when these electronic or paper documents are considered by EPA to be final documents. These submitted electronic and paper documents related to hazardous waste exports, imports and transits and cathode ray tube exports are considered by EPA to be final documents on March 1 of the calendar year after the related cathode ray tube exports or hazardous waste exports, imports, or transits occur.(3)Use of number and gender. As used in 335-14: (a) Words in the masculine gender also include the feminine and neuter genders; and(b) Words in the singular include the plural; and(c) Words in the plural include the singular.(4)Manifest copy submission requirements for certain interstate waste shipments. (a) A designated facility that receives waste through a hazardous waste manifest, either because the waste is a hazardous waste as defined in 335-14-2, or, for waste generated out of state, the state in which the waste is generated requires it to be regulated as a hazardous waste, shall:1. Complete the facility portion of the applicable manifest;2. Sign and date the facility certification;3. Submit to the e-Manifest system a final copy of the manifest for data processing purposes; and4. Pay the appropriate per manifest fee to EPA for each manifest submitted to the e-Manifest system, subject to the fee determination methodology, payment methods, dispute procedures, sanctions, and other fee requirements specified in subpart FF of 40 CFR 264.Ala. Admin. Code r. 335-14-1-.01
April 9, 1986. Amended: February 15, 1988; August 24, 1989. Amended: Filed November 30, 1994; effective January 5, 1995. Amended: Filed December 8, 1995; effective January 12, 1996. Amended: Filed February 21, 1997; effective March 28, 1997. Amended: Filed February 20, 1998; effective March 27, 1998. Amended: Filed February 26, 1999; effective April 2, 1999. Amended: Filed February 25, 2000, effective March 31, 2000. Amended: Filed March 9, 2001; effective April 13, 2001. Amended: Filed February 8, 2002; effective March 15, 2002. Amended: Filed February 28, 2006; effective April 4, 2006. Amended: Filed February 19, 2013; effective March 26, 2013.Amended by Alabama Administrative Monthly Volume XXXV, Issue No. 05, February 28, 2017, eff. 3/31/2017.Amended by Alabama Administrative Monthly Volume XXXVI, Issue No. 05, February 28, 2018, eff. 4/6/2018.Amended by Alabama Administrative Monthly Volume XLI, Issue No. 07, April 28, 2023, eff. 6/12/2023.Author: Stephen C. Maurer, Michael B. Jones, Amy P. Zachry, Stephen A. Cobb, Vernon H. Crockett, C. Edwin Johnston, Heather M. Jones; Jonah L. Harris.
Statutory Authority:Code of Ala. 1975, § 22-30-11.