6 Colo. Code Regs. § 1007-3-100.1.11
Current through Register Vol. 47, No. 11, June 10, 2024
Section 6 CCR 1007-3-100.1.11 - APPLICATION FOR A PERMIT. When to Apply(a)Existing HWM facilities. Part A Application.(1)Part A Application Requirements for Facilities that Have Federal Interim Status on the Effective Date of These Regulations. Any owner or operator of a hazardous waste management facility, except as provided in C.R.S. 1973, 25-15-101et. seq. , who has federal interim status for the treatment, storage, or disposal of hazardous waste on the effective date of these regulations shall have an identical status with the Department.* Unless otherwise notified by a facility owner or operator, the Department shall accept all Part A applications on file with EPA on the effective date of these regulations as an equivalent State Part A application. Changes under this section do not include changes made solely for the purpose of complying with requirements of § 265.193 for tanks and ancillary equipment. * When the Department determines upon examination or reexamination of a Part A application mat it fails to meet the standards of these regulations, it may notify the owner or operator mat the application is deficient and that the owner or operator is therefore not entitled to interim status. The owner or operator will then be subject to enforcement for operating without a permit
(2)Existing HWM facilities and interim status qualifications.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 that render the facility subject to the requirement to have a RCRA permit must submit Part A of their permit application no later than:
(i) six months after the date of publication of regulations which first require them to comply with the standards set forth in Part 265 or 267, or(ii) thirty days after the date they first become subject to the standards set forth in Part 265 or 267, whichever first occurs.* * Under (i), the Commission may promulgate regulations under Part 261 listing and identifying new wastes which are hazardous; such facilities managing those newly listed wastes and who have not previously filed a Part A application must submit their Part A permit application within six months of the date of promulgation in order to qualify for interim status for those newly listed wastes. Such facilities managing those newly listed wastes and who have previously filed a Part A application must amend their Part A permit application within six months of the date of promulgation in order to qualify for interim status for those newly listed wastes. Under (ii) a generator who has been accumulating hazardous waste in accordance with § 262.17, and who begins to store the waste for more than 90 days may qualify for interim status as a storage facility if:
(1) The storage area was in existence on November 19, 1980 (i.e. the generator was accumulating hazardous waste at the facility on or before that date, and the waste accumulated is the same type on and after November 19, 1980 or was in existence on the effective date of statutory or regulatory amendments that render the facility subject to the requirement to have a RCRA permit, and(2) the owner or operator complied with the notification requirement in Part 99 and(3) the Part A permit application is submitted within 30 days of the date that the waste first becomes subject to Part 265, or a longer period is allowed by the Director under § 100.11(a)(4). The thirty day filing period is triggered when the storage period exceeds 90 days. A small quantity generator who exceeds the small quantity exemption level may also qualify for interim status as a storage facility under (ii) if they file within thirty days of the date they first lose their status as a small quantity generator. Under § 261.5, these generators may continue to store hazardous waste for 90 days after they exceed the exemption level They then have 30 days to file their Part A permit application to qualify for interim status. Finally, a facility which properly determined on August 18, 1980 that the solid waste it was treating did not exhibit any of the characteristics of hazardous waste, but on retesting finds that it does constitute a hazardous waste, may qualify for interim status Under (ii), these facilities must file a Part A permit application within 30 days of finding that they need interim status for a treatment, storage, or disposal operation because they are handling a hazardous waste. Existing treatment, storage, or disposal facilities must amend their Part A permit application within 30 days of finding that they need interim status for a treatment, storage, or disposal operation because the waste they are handling now exhibits the Part 261 Subpart C characteristics of hazardous waste.
(3) The Director may by publication in the COLORADO REGISTER extend the date by which owners and operators of specified classes of existing HWM facilities must submit Part A of their permit application if he/she finds that (i) there has been substantial confusion as to whether the owners and operators of such facilities were required to file a permit application and (ii) such confusion is attributable to ambiguities in Colorado's Parts 260, 261, or 265 regulations.(4) The Director may by compliance order issued under C.R.S. 25-15-308(2) extend the date by which the owner and operator of an existing HWM facility must submit Part A of their permit application.(b)Existing HWM facilities. Part B Application.(1) Owners and operators of existing hazardous waste management facilities are required to submit Part B of their application no later than six months from the date of request by the State Director, unless a longer period is granted by the Director. Any owner or operator of an existing HWM facility may voluntarily submit Part B of the application at any time. Failure to furnish a requested Part B application on time, or to furnish in full the information required by the Part B application is grounds for termination of interim status under the procedures specified in § 100.5.
Notwithstanding the above, any owner or operator of an existing HWM facility must submit a Part B permit application in accordance with the dates specified in § 100.20. Any owner or operator of a land disposal facility in existence on the effective date of statutory or regulatory amendments that render the facility subject to the requirement to have a RCRA permit must submit a Part B application in accordance with the dates specified in § 100.20.
(2) Any HWM facility which has a federal RCRA permit for the treatment, storage, or disposal of hazardous waste may apply for and receive an identical State RCRA permit, subject to the application fee requirements of § 100.3.(c)New HWM Facilities. Part A and Part B Application.(1) Except as provided in paragraph (c)(3) of this section, no person shall begin physical construction of a new HWM facility without having submitted Part A and Part B of the permit application and having received a finally effective state RCRA permit.(2) An application for a permit for a new HWM facility shall be filed with the State Director at least 180 days before physical construction is expected to commence, except as provided in paragraph (c)(3) of this section.(3) Notwithstanding paragraph (c)(1) of this section, a person may construct a facility for the incineration of polychlorinated biphenyls pursuant to an approval issued by the Administrator under section (6)(e) of the Toxic Substance Control Act and any person owning or operating such a facility may, at any time after construction or operation of such a facility, file an application for a state RCRA permit to incinerate hazardous waste authorizing such facility to incinerate waste identified or listed under Part 261.(d)Updating Part A Permit Applications.(1) Persons who have filed Part A of their permit application and have interim status for the treatment, storage, or disposal of hazardous waste identified or listed in Part 261 are required to inform the Director of any changes in their facility or operation which require modification of the information contained in their Part A application.(2) The following changes require prior approval by the Director (in accordance with § 100.20): (i) The treatment, storage, or disposal of additional hazardous wastes as listed or identified in Part 261, and not previously identified in the Part A application (except as provided in § 100.11(a)(2)).(ii) Increases in the design capacity of processes used to treat, store, or dispose of hazardous waste.(iii) Significant changes in the processes or additional processes used to treat, store, or dispose of hazardous waste.(iv) Changes in the ownership or operational control of a facility.(3) The owner or operator of a facility who fails to comply with the updating requirements of paragraphs (d)(1) and (d)(2) of this section does not receive interim status as to the wastes not covered by duly filed or amended Part A applications.(e)Reapplications.- Continuations of Expiring State RCRA permits.(1) Any HWM facility with an effective State RCRA permit shall submit a new application at least 180 days before the expiration date of the effective permit, unless permission for a later date has been granted by the Director. (The Director shall not grant permission for applications to be submitted later than the expiration date of the existing permit.)(2) The conditions of an expired permit continue in force until the effective date of a new permit if: (i) The permittee has submitted a complete and timely application for a new permit under §100.5 of this section, and(ii) The Director, through no fault of the permittee, does not issue a new permit with an effective date on or before the expiration date of the previous permit (for example, when issuance is impracticable due to time or resource constraints).(iii) Permits continued under this section remain fully effective and enforceable.(f)Pre-application public meeting and notice.(1)Applicability. The requirements of paragraph (f) of this section shall apply to all RCRA part B applications seeking initial permits for hazardous waste management units. The requirements of this section shall also apply to RCRA part B applications seeking renewal of permits for such units, where the renewal application is proposing any change that would qualify as a class 3 permit modification under §100.63. The requirements of this section do not apply to permit modifications under §100.63 or to applications that are submitted for the sole purpose of conducting post closure activities or post closure activities and corrective action at a facility.(2) Prior to the submission of a part B RCRA permit application for a facility, the applicant must hold at least one meeting with the public in order to solicit questions from the community and inform the community of proposed hazardous waste management activities in sufficient detail to allow the community to understand the nature of the operations to be conducted at the facility. The applicant shall give an overview of the facility in as much detail as possible, such as identifying the type of facility, the location of the facility, the general processes involved, the types of wastes generated and managed, and implementation of waste minimization and pollution control measures. The applicant shall post a sign in sheet or otherwise provide a voluntary opportunity for attendees to provide their names and addresses.(3) The applicant shall submit a stenographic or electronic record and a summary of the meeting, along with the list of attendees and their addresses developed under paragraph (f)(2) of this section, and copies of any written comments or materials submitted at the meeting, to the Department as a part of the part B application, in accordance with § 100.41(a).(4) The applicant must provide public notice of the pre-application meeting at least 30 days prior to the meeting. The applicant must maintain, and provide to the Department upon request, documentation of the notice.(i) The applicant shall provide public notice in all of the following forms: (A)A newspaper advertisement. The applicant shall publish a notice, fulfilling the requirements in paragraph (f)(4)(ii) of this section, in a newspaper of general circulation and the newspaper of record in the county that hosts the proposed location of the facility everyday of publication for a period of one week. In addition, the Director shall instruct the applicant to publish the notice in newspapers of general circulation in adjacent counties, where the Director determines that such publication is necessary to inform the affected public. In situations where the geographic area of a host jurisdiction or adjacent jurisdiction is very large (hundreds of square miles), the newspaper notice shall cover a reasonable radius (e.g., 50 miles) from the facility. The notice must be published as a display advertisement. The advertisement shall appear in a place within the newspaper calculated to give the general public effective notice; it must be of sufficient size to be seen easily by the reader.(B)A visible and accessible sign. The applicant must post a notice on a clearly marked sign at or near the facility, fulfilling the requirements in paragraph (f)(4)(ii) of this section. If the applicant places the sign on the facility property, then the sign must be large enough to be readable from the nearest point where the public would pass by the site.(C)A broadcast media announcement. The applicant must broadcast a notice, fulfilling the requirements in paragraph (f)(4)(ii) of this section, on at least one local radio station or television station one time per day for one week. The applicant may employ another medium with prior approval of the Director.(D)A notice to the Department. The applicant must send a copy of the newspaper notice to the Department and to the appropriate units of State and local government, in accordance with § 100.506(c)(1)(v).(ii) The notices required under paragraph (f)(4)(i) of this section must include:(A) The date, time, and location of the meeting;(B) A brief description of the purpose of the meeting;(C) A brief description of the facility and proposed operations, including the address or a map (e.g., a sketched or copied street map) of the facility location;(D) A statement encouraging people to contact the facility at least 72 hours before the meeting if they need special access to participate in the meeting; and(E) The name, address, and telephone number of a contact person for the applicant.37 CR 24, December 25, 2014, effective 3/2/201538 CR 11, June 10, 2015, effective 6/30/201539 CR 05, March 10, 2016, effective 3/30/201639 CR 11, June 10, 2016, effective 6/30/201640 CR 06, March 25, 2017, effective 4/14/201740 CR 11, June 10, 2017, effective 6/30/201740 CR 21, November 10, 2017, effective 11/30/201741 CR 06, March 25, 2018, effective 4/14/201841 CR 11, June 10, 2018, effective 6/30/201841 CR 24, December 25, 2018, effective 1/14/201942 CR 06, March 25, 2019, effective 4/14/201942 CR 06, March 25, 2019, effective 5/30/201942 CR 11, June 10, 2019, effective 6/30/201943 CR 12, June 25, 2020, effective 7/15/202044 CR 06, March 25, 2021, effective 4/14/202144 CR 11, June 10, 2021, effective 6/30/202144 CR 24, December 25, 2021, effective 1/14/202245 CR 11, June 10, 2022, effective 6/30/202245 CR 17, September 10, 2022, effective 9/10/202245 CR 17, September 10, 2022, effective 9/30/202245 CR 23, December 10, 2022, effective 1/30/2023