6 Colo. Code Regs. § 1007-3-100.2.22
Current through Register Vol. 47, No. 11, June 10, 2024
Section 6 CCR 1007-3-100.2.22 - SHORT TERM PERMITS(a)Emergency permits. Notwithstanding any other provision of this part, in the event the Director finds an imminent and substantial endangerment to human health or the environment the Director may issue a temporary emergency permit: to a non permitted facility to allow treatment, storage, or disposal of hazardous waste or (2) to a permitted facility to allow treatment, storage, or disposal of a hazardous waste not covered by an effective permit. (1) May be oral or written. If oral, it shall be followed in five days by a written emergency permit;(2) Shall not exceed 90 days in duration;(3) Shall clearly specify the hazardous wastes to be received, and the manner and location of their treatment, storage, or disposal;(4) May be terminated by the Director at any time without process if the Director determines that termination is appropriate to protect human health and the environment;(5) Shall be accompanied by a public notice published under § 100.506 including: (i) Name and address of the office granting the emergency authorization;(ii) Name and location of the permitted HWM facility;(iii) A brief description of the wastes involved;(iv) A brief description of the action authorized and reasons for authorizing it; and(v) Duration of the emergency permit; and(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.(b)Trial Permits. Trial permits are applicable only to hazardous wastes generated by very small quantity generators as defined in § 260.10 of these regulations. (1) For the purposes of encouraging alternative and innovative hazardous waste treatment technologies and for assessing the operational feasibility of such technologies, the Director may issue trial RCRA permits for new or pilot scale hazardous waste management units. A trial permit shall be issued for a duration not to exceed 90 days and shall provide for compliance to the maximum extent practicable with the applicable standards contained in Part 264. The Director may incorporate such other requirements contained in Part 100 of these regulations to the extent he or she deems necessary, including but not limited to the submittal of design specifications and operation plans, application requirements, and public notice requirements. Trial permits shall be issued for a duration and under certain operating conditions such that the waste feed rates reflect the minimum volume of hazardous waste treatment necessary to make the feasibility demonstration.(2) Applicants for trial permits are subject to the application fee requirements of § 100.3.(c)Permits for land treatment demonstrations using field tests or laboratory analyses.(1) For the purpose of allowing an owner or operator to meet the treatment demonstration requirements of § 264.272 of these regulations, the Director may issue a treatment demonstration permit. The permit must contain only those requirements necessary to meet the standards in § 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.(i) The Director may issue a two-phase facility permit if he/she finds that based on information submitted in Part B of the application, substantial, although incomplete or inconclusive information already exists upon which to base the issuance of a facility permit.(ii) If the Director finds that not enough information exists upon which he/she can establish permit conditions to attempt to provide for compliance with all of the requirements of Subpart M, he/she must issue a treatment demonstration permit covering only the field test or laboratory analyses.(2) If the Director finds that a phased permit may be issued, he/she 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 cleanup activities, and any other conditions which the Director finds may be necessary under § 264.272(c). The Director 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 Director 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. (i) The first phase of the permit will be effective as provided in § 100.61 of these regulations.(ii) The second phase of the permit will be effective as provided in paragraph (c)(4) of this section. (3) When the owner or operator who has been issued a two-phase permit has completed the treatment demonstration, he/she must submit to the Director a certification, signed by a person authorized to sign a permit application (§ 100.12) or report under § 100.44, that the field tests or laboratory analyses have been carried out in accordance with the conditions specified in phase one of the permit for conducting such tests or analyses. The owner or operator must also submit all data collected during the field tests or laboratory analyses within 90 days of completion of those tests or analyses unless the Director approves a later date.(4) If the Director determines that the results of the field tests or laboratory analyses meet the requirements of § 264.272 of these regulations, he/she will modify the second phase of the permit to incorporate any requirements necessary for operation of the facility in compliance with Part 264, Subpart M of these regulations, based upon the results of the field tests or laboratory analyses. (i) This permit modification may proceed under § 100.63, or otherwise will proceed as a modification under §100.61. If such modifications are necessary, the second phase of the permit will become effective only after those modifications have been made.(ii) If no modifications of the second phase of the permit are necessary, the Director will give notice of his/her final decision to the permit applicant and to each person who submitted written comments on the phased permit or who requested notice of the final decision on the second phase of the permit. The second phase of the permit then will become effective as specified in § 100.5 11(b).(5) Owners or operators of facilities submitting applications for land treatment demonstration permits under this section are subject to the annual operating, permit review and issuance, and permit modification fees specified in § 100.3. For the purposes of that section, a land treatment demonstration permit application and an application for a land treatment permit under Part 264, Subpart M shall be considered as a single application for that facility.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