Ala. Admin. Code r. 335-14-6-.01

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

Section 335-14-6-.01 - General

(1)Purpose, scope, and applicability.

(a) The purpose of 335-14-6 is to establish minimum standards that define the acceptable management of hazardous waste during the effective term of interim status and until the certification of final closure or, if the facility is subject to post-closure requirements, until post-closure responsibilities are fulfilled.

(b) Except as provided in 335-14-6-.29, the standards of 335-14-6, and of 335-14-5-.19 apply to owners and operators of facilities that treat, store, or dispose of hazardous waste who have fully complied with the requirements for interim status under Rule 335-14-8-.07 until either a final facility permit is issued or until applicable 335-14-6 closure and post-closure responsibilities are fulfilled, and to those owners and operators of facilities in existence on November 19, 1980 who have failed to provide timely notification as required by section 3010(a) of RCRA and/or failed to file Part A of the permit application as required by Rule 335-14-8-.07. These standards apply to all treatment, storage, and disposal of hazardous waste at these facilities after the effective date of 335-14-6, except as specifically provided otherwise in 335-14-6 or 335-14-2.

Generators operating landfills, waste piles, or surface impoundments or other land units without an AHWMMA Permit or interim status may be required by the Department to comply with the requirements of 335-14-6-.06, but shall not be granted interim status unless they otherwise qualify for interim status under Division 335-14. These units shall be subject to the closure and post-closure requirements of 335-14-5, except that closure and post-closure plans for these units shall be processed according to the Administrative procedures of 335-14-6-.07.

(c) The requirements of 335-14-6 do not apply to:

1. [Reserved]

2. [Reserved]

3. [Reserved]

4. [Reserved]

5. The owner or operator of a facility permitted by the Department to manage municipal or industrial solid waste, if the only hazardous waste the facility treats, stores, or disposes of is excluded from regulation under 335-14-6 by 335-14-3-.01(4);

6. The owner or operator of a facility managing recyclable materials described in 335-14-2-.01(6)(a)2., 3. and 4. (except to the extent that requirements of 335-14-6 are referred to in 335-14-17 or Rules 335-14-7-.03, 335-14-7-.06, 335-14-7-.07, or 335-14-7-.08);

7. A generator accumulating waste on-site in compliance with 335-14-3-.01(4) through (7) and 335-14-3-.12 and 335-14-3-.13, except to the extent the requirements of 335-14-6 are included in those rules;

8. A farmer disposing of waste pesticides from his own use in compliance with 335-14-3-.07(1);

9. The owner or operator of a totally enclosed treatment facility, as defined in 335-14-1-.02;

10. The owner or operator of an elementary neutralization unit or wastewater treatment unit as defined in 335-14-1-.02, provided that if the owner or operator is diluting hazardous ignitable (D001) wastes [other than the D001 High TOC Subcategory defined in 335-14-9-.04(1), Table "Treatment Standards for Hazardous Wastes"], or reactive (D003) waste, in order to remove the characteristic before land disposal, the owner/operator must comply with the requirements set out in 335-14-6-.02(8)(b).

11.

(i) Except as provided 335-14-6-.01(1)(c)11.(ii), a person engaged in treatment or containment activities during immediate response to any of the following situations:

(I) A discharge of hazardous waste;

(II) An imminent and substantial threat of a discharge of hazardous waste;

(III) A discharge of a material which, when discharged, becomes a hazardous waste.

(IV) An immediate threat to human health, public safety, property, or the environment, from the known or suspected presence of military munitions, other explosive material, or an explosive device, as determined by an explosive or munitions emergency response specialist as defined in 335-14-1-.02.

(ii) An owner or operator of a facility otherwise regulated by 335-14-6 must comply with all applicable requirements of 335-14-6-.03 and 335-14-6-.04.

(iii) Any person who is covered by 335-14-6-.01(1)(c)11.(i) and who continues or initiates hazardous waste treatment or containment activities after the immediate response is over is subject to all applicable requirements of 335-14-6 and 335-14-8 for those activities.

(iv) In the case of an explosives or munitions emergency response, if a Federal, State of Alabama, Tribal or local official acting within the scope of his or her official responsibilities, or an explosives or munitions emergency response specialist, determines that immediate removal of the material or waste is necessary to protect human health or the environment, that official or specialist may authorize the removal of the material or waste by transporters who do not have EPA Identification numbers and without the preparation of a manifest. In the case of emergencies 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.

12. [Reserved]

13. The addition of sorbent material to waste in a container or the addition of waste to sorbent material in a container, provided that these activities occur at the time waste is first placed in the container, and 335-14-6-.02(8) and 335-14-6-.09(2) and (3) are complied with.

14. Universal waste handlers and universal waste transporters [as defined in 335-14-1-.02] handling the wastes listed below. These handlers are subject to regulation under 335-14-11, when handling the below listed universal wastes.

(i) Batteries as Described in 335-14-11-.01(2);

(ii) Pesticides as described in 335-14-11-.01(3);

(iii) Thermostats as described in 335-14-11-.01(4);

(iv) Lamps as described in 335-14-11-.01(5); and

(v) Aerosol cans as described in 335-14-11-.02(6).

15. Reverse distributors accumulating potentially creditable hazardous waste pharmaceuticals and evaluated hazardous waste pharmaceuticals, as defined in 335-14-1-.02. Reverse distributors are subject to regulation under 335-14-7-.16 in lieu of 335-14-6 for the accumulation of potentially creditable hazardous waste pharmaceuticals and evaluated hazardous waste pharmaceuticals.

(d) The following hazardous wastes must not be managed at facilities subject to regulation under 335-14-6.

1. EPA Hazardous Waste Nos. F020, F021, F022, F023, F026, or F027 unless:

(i) The wastewater treatment sludge is generated in a surface impoundment as part of the plant's wastewater treatment system;

(ii) The waste is stored in tanks or containers;

(iii) The waste is stored or treated in waste piles that meet the requirements of 335-14-5-.12(1)(c) as well as all other applicable requirements of Rule 335-14-6-.12;

(iv) The waste is burned in incinerators that are certified pursuant to the standards and procedures in 335-14-6-.15(13); or

(v) The waste is burned in facilities that thermally treat the waste in a device other than an incinerator and that are certified pursuant to the standards and procedures in 335-14-6-.16(14).

(e) The requirements of 335-14-6 apply to owners or operators of all facilities which treat, store, or dispose of hazardous waste referred to in 335-14-9, and 335-14-9 standards are considered material conditions or requirements of 335-14-6 interim status standards.

(f)335-14-7-.13(6) identifies when the requirements of 335-14-6-.01 apply to the storage of military munitions classified as solid waste under 335-14-7-.13(3). The treatment and disposal of hazardous waste military munitions are subject to the applicable permitting, procedural, and technical standards in 335-14-1 through 335-14-9.

(2) [Reserved]

(3) [Reserved]

(4)Imminent hazard action.

(5) Notwithstanding any other provisions of these Rules, enforcement actions may be brought pursuant to Section 7003 of RCRA.

Ala. Admin. Code r. 335-14-6-.01

November 19, 1980. Amended: April 9, 1986; August 24, 1989; December 6, 1990, January 25, 1992. Amended: Filed: November 30; effective January 5, 1995. Amended: Filed March 22, 1995; effective April 26, 1995. Amended: Filed December 8, 1995; effective January 12, 1996. 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 March 13, 2003; effective April 17, 2003. Amended: Filed February 24, 2005; effective March 31, 2005. Amended: Filed February 28, 2006; effective April 4, 2006. Amended: Filed February 27, 2007; effective April 3, 2007.

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. 4/7/2018.

Amended by Alabama Administrative Monthly Volume XXXVIII, Issue No. 05, February 28, 2020, eff. 4/13/2020.

Amended by Alabama Administrative Monthly Volume XXXIX, Issue No. 03, December 31, 2020, eff. 2/14/2021.

Amended by Alabama Administrative Monthly Volume XLI, Issue No. 07, April 28, 2023, eff. 6/12/2023.

Author: Stephen C. Maurer; Steven O. Jenkins; Amy P. Zachry; Lynn T. Roper; C. Edwin Johnston; Bradley N. Curvin; Theresa A. Maines; Vernon H. Crockett; Sonja B. Favors; Brent A. Watson; Jonah L. Harris

Statutory Authority:Code of Ala. 1975, §§ 22-30-11, 22-30-16.