6 Colo. Code Regs. § 1007-3-100.4.41

Current through Register Vol. 47, No. 11, June 10, 2024

Section 6 CCR 1007-3-100.4.41 - STATE RCRA PERMIT. CONTENTS OF APPLICATION (PART B)

In accordance with § 100.11(b) and (c), all owners and operators of hazardous waste management facilities who are required to submit Part B of a permit application shall provide the information listed below.* Part B information requirements presented below reflect the standards promulgated in Parts 264 and 266 of these regulations. These information requirements are necessary in order for the Department to determine compliance with the Parts 264 and 266 standards. If owners and operators of HWM facilities can demonstrate that the information prescribed in Part B can not be provided to the extent required, the Director may make allowance for submission of such information on a case-by-case basis. Information required in Part B shall be submitted to the Director and signed in accordance with requirements in § 100.12. Certain technical data, such as design drawings and specifications, and engineering studies shall be certified by a registered professional engineer. For post closure permits, only the information specified in § 100.41(b)(14) is required in Part B of the permit application. Part B of the RCRA application includes the following:

(a)General information requirements. The following information is required for all HWM facilities, except as § 264.1 provides otherwise:

(1) A general description of the facility.

(2) Chemical and physical analyses of the hazardous waste and hazardous debris to be handled at the facility. At a minimum, these analyses shall contain all the information which must be known to treat, store, or dispose of the wastes properly in accordance with Part 264 of these regulations.

(3) A copy of the waste analysis plan required by § 264.13(b) and, if applicable, § 264.13(c).

(4) A description of the security procedures and equipment required by § 264.14, or a justification demonstrating the reasons for requesting a waiver of this requirement.

(5) A copy of the general inspection schedule required by § 264.15(b) of these regulations. Include, where applicable, as part of the inspection schedule, specific requirements in § § 264.174, 264.193(i), 264.195, 264.226, 264.254, 264.273, 264.303, 264.602, 264.1033, 264.1052, 264.1053, 264.1058, 264.1084, 264.1085, 264.1086, and 264.1088 of these regulations.

(6) A justification of any request for a waiver(s) of the preparedness and prevention requirements of Part 264, Subpart C.

* The Department recommends that potential applicants schedule a preapplication conference with the division to discuss information that will be required in the Part B Application.

(7) A copy of the contingency plan required by Part 264, Subpart D. Include, where applicable, as part of the contingency plan, specific requirements in § § 264.227, 264.255, and 264.200.

(8) A description of procedures, structures, or equipment used at the facility to:

(i) Prevent hazards in unloading operations (for example, ramps, special forklifts);

(ii) Prevent runoff from hazardous waste handling areas to other areas of the facility or environment, or to prevent flooding (for example, berms, dikes, trenches);

(iii) Prevent contamination of water supplies;

(iv) Mitigate effects of equipment failure and power outages;

(v) Prevent undue exposure of personnel to hazardous waste (for example, protective clothing); and

(vi) Prevent releases to atmosphere.

(9) A description of precautions to prevent accidental ignition or reaction of ignitable, reactive or incompatible wastes as required to demonstrate compliance with § 264.17 including documentation demonstrating compliance with § 264.17(c).

(10) Traffic pattern, estimated volume (number, types of vehicles) and control (for example, show turns across traffic lanes, and stacking lanes (if appropriate); describe access road surfacing and load bearing capacity; show traffic control signals).

(11) Facility location information:

(i) [Reserved]

(ii) The owner or operator of a new hazardous waste management facility shall demonstrate compliance with the seismic standard [§ 264.18(a)(1)]. 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 3000 feet of a facility are present, based on data from:

(1) Published geologic studies.

(2) Aerial reconnaissance of the area within a five mile radius from the facility.

(3) An analysis of aerial photographs covering a 3,000 foot radius of the facility, and

(4) If needed to clarify the above data, a reconnaissance based on walking portions of the area within 3,000 feet of the facility, or

(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 1,000 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 1,000 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 1,000 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 supporting maps and other analyses, the location of any faults found.

(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. For all treatment or storage facilities, and existing disposal facilities, 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. For existing disposal facilities, the information provided must also demonstrate compliance with § 264.18(b)(1) concerning the prevention of washout during any closure period or post closure care period required under § 264.117.

(iv) Owners and operators of treatment or storage facilities, and existing disposal facilities located in the 100 year floodplain must provide the following information:

(A) Engineering analysis to indicate the various hydrodynamic and hydrostatic forces expected to result at the site as a consequence of a 100 year flood.

(B) Structural or other engineering studies showing the design of operational units (e.g., tanks, incinerators) and flood protection devices (e.g., floodwalls, dikes) at the facility and how these will prevent washout.

(v) Existing treatment, storage, and disposal facilities NOT in compliance with § 264.18(b)(1) shall provide a plan showing how the facility will be brought into compliance and a schedule for compliance.

(12) An outline of both the introductory and continuing training programs by owners or operators to prepare persons to operate or maintain the HWM facility in a safe manner as required to demonstrate compliance with § 264.16. A brief description of how training will be designed to meet actual job tasks in accordance with requirements in § 264.16(a)(3).

(13) A copy of the closure plan and, where applicable, the post closure plan required by § § 264.112, 264.118 and 264.197. Include, where applicable, as part of the plans, specific requirements in § § 264.178, 264.197, 264.228, 264.258, 264.280, 264.310, 264.351, 264.601, and 264.603.

(14) For existing facilities, a copy of the recorded environmental covenant to document compliance with § 264.119.

(15) The most recent closure cost estimate for the facility prepared in accordance with § 266.12 and a copy of the financial assurance mechanism adopted in compliance with § 266.14.

(16) Where applicable, the most recent post closure cost estimate for the facility prepared in accordance with § 266.13 plus a copy of the financial assurance mechanism adopted in compliance with § 266.14.

(17) Where applicable, a copy of the insurance policy or other documentation which comprises compliance with the requirements of § 266.16. For a new facility, documentation showing the amount of insurance meeting the specification of § 266.16, that the owner or operator plans to have in effect before initial receipt of hazardous waste for treatment, storage, or disposal. A request for a variance in the amount of required coverage, for a new or existing facility, may be submitted as specified in § 266.16.

(18) 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 HWM facilities located in mountainous areas should use larger contour intervals to adequately show topographic profiles of facilities. The map shall clearly show the following:

(i) Map scale and date.

(ii) 100-year floodplain area.

(iii) Surface waters including intermittent streams.

(iv) Surrounding land uses (residential, commercial, agricultural, recreational).

(v) A wind rose (i.e., prevailing windspeed and direction).

(vi) Orientation of the map (north arrow).

(vii) Legal boundaries of the HWM facility site.

(viii) Access control (fences, gates).

(ix) Injection and withdrawal wells both on-site and off-site.

(x) Buildings; treatment, storage, or disposal operations; or other structures (recreation areas, runoff control systems, access and internal roads, storm, sanitary, and process sewerage systems, loading and unloading areas, fire control facilities, etc.).

(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).

* For large HWM facilities, the Department will allow the use of other scales on a case by case basis.

(19) Applicants may be required to submit such information as may be necessary to enable the Director to carry out his/her duties under other applicable State laws.

(20) The Director may require a permittee or an applicant to submit information in order to establish permit conditions under § § 100.43 and 100.45 of these regulations.

(21) For land disposal facilities, if a case-by-case extension has been approved under § 268.5 or 40 CFR § 268.5 or a petition has been approved under § 268.6, a copy of the notice of approval for the extension or petition is required.

(22) A stenographic or electronic record and a summary of the pre-application meeting, along with a list of attendees and their addresses, and copies of any written, comments or materials submitted at the meeting, as required under § 100.11(f)(3) of these regulations.

(b)Specific information requirements. The following additional information is required from owners or operators of specific types of HWM facilities that are used or to be used for storage or treatment:

(1)For facilities that store containers of hazardous waste, except as otherwise provided in § 264.170:

(i) A description of the containment system to demonstrate compliance with § 264.175. Show at least the following:

(A) Basic design parameters, dimensions, and materials of construction.

(B) How the design promotes drainage or how containers are kept from contact with standing liquids in the containment system.

(C) Capacity of the containment system relative to the number and volume of containers to be stored.

(D) Provisions for preventing or managing run-on.

(E) How accumulated liquids can be analyzed and removed to prevent overflow.

(ii) For storage areas that store containers holding wastes that do not contain free liquids, a demonstration of compliance with § 264.175(c), including:

(A) Test procedures and results or other documentation or information to show that the wastes do not contain free liquids; and

(B) A description of how the storage area is designed or operated to drain and remove liquids or how containers are kept from contact with standing liquids.

(iii) Sketches, drawings, or data demonstrating compliance with § 264.176 (location of buffer zone and containers holding ignitable or reactive wastes) and § 264.177(c) (location of incompatible wastes), where applicable.

(iv) Where incompatible wastes are stored or otherwise managed in containers, a description of the procedures used to ensure compliance with § 264.177(a) and (b), and § 264.17(b) and (c).

(v) Information on air emission control equipment as required in § 100.41(b)(13).

(2)For facilities that use tanks to store or treat hazardous waste, except as otherwise provided in § 264.190:

(i) A written assessment that is reviewed and certified by an independent, qualified, registered professional engineer as to the structural integrity and suitability for handling hazardous waste of each tank system, as required under § § 264.191 and 264.192;

(ii) Dimensions and capacity of each tank;

(iii) Description of feed systems, safety cutoff, bypass systems, and pressure controls vents);

(iv) A diagram of piping, instrumentation, and process flow for each tank system;

(v) A description of materials and equipment used to provide external corrosion protection, as required under § 264.192(a)(3)(ii);

(vi) For new tank systems, a detailed description of how the tank system(s) will be installed in compliance with § 264.192(b), (c), (d), and (e);

(vii) Detailed plans and description of how the secondary containment system for each tank system is or will be designed, constructed, and operated to meet the requirements of § 264.193(a), (b), (c), (d), (e), and (f);

(viii) For tank systems for which a variance from the requirements of § 264.193 is sought (as provided by §264.193(g);

(A) Detailed plans and engineering and hydrogeologic reports, as appropriate, describing alternate design and operating practices that will in conjunction with location aspects, prevent the migration of any hazardous waste or hazardous constituents into the ground water or surface water during the life of the facility, or

(B) A detailed assessment of the substantial present or potential hazards posed to human health or the environment should a release enter the environment.

(ix) Description of controls and practices to prevent spills and overflows, as required under § 264.194(b); and

(x) For tank systems in which ignitable, reactive, or incompatible wastes are to be stored or treated, a description of how operating procedures and tank system and facility design will achieve compliance with the requirements of § 264.198 and § 264.199.

(xi) Information on air emission control equipment as required in § 100.41(b)(13).

(3)For facilities that store, treat, or dispose of hazardous waste in surface impoundments, except as otherwise provided in § 264.1.

(i) A list of the hazardous wastes placed or to be placed in each surface impoundment;

(ii) Detailed plans and an engineering report describing how the surface impoundment is designed and is or will be constructed, operated, and maintained to meet the requirements of § § 264.19, 264.221, 264.222, and 264.223 of these regulations, addressing the following items:

(A) The liner system (except for an existing portion of a surface impoundment). If an exemption from the requirement for a liner is sought as provided by § 264.221(b), submit detailed plans and engineering and hydrogeologic reports as appropriate, describing alternate design and operating practices that will, in conjunction with location aspects, prevent the migration of any hazardous constituents into the ground water or surface water at any future time;

(B) The double liner and leak (leachate) detection, collection, and removal system, if the surface impoundment must meet the requirements of § 264.221(c) of these regulations. 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 § 264.221(d), (e), or (f) of these regulations, submit appropriate information;

(C) 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;

(D) The construction quality assurance (CQA) plan if required under § 264.19 of these regulations;

(E) Proposed action leakage rate, with rationale, if required under § 264.222 of these regulations, and response action plan, if required under § 264.223 of these regulations;

(F) Prevention of overtopping; and

(G) Structural integrity of dikes;

(iii) A description of how each surface impoundment, including the double liner system, leak detection system, cover system, and appurtenances for control of overtopping, will be inspected in order to meet the requirements of § 264.226(a), (b), and (d) of these regulations. This information must be included in the inspection plan submitted under paragraph (a)(5) of this section;

(iv) A certification by a qualified engineer which attests to the structural integrity of each dike, as required under § 264.226(c). For new units, the owner or operator must submit a statement by a qualified engineer that he/she will provide such a certification upon completion of construction in accordance with the plans and specifications;

(v) A description of the procedure to be used for removing a surface impoundment from service, as required under § 264.227(b) and (c). This information should be included in the contingency plan submitted under paragraph (a)(7) of this section;

(vi) A description of how hazardous waste residues and contaminated materials will be removed from the unit at closure, as required under § 264.228(a)(1). For any wastes not to be removed from the unit upon closure, the owner or operator must submit detailed plans and an engineering report describing how § 264.228(a)(2) and (b) will be complied with. This information should be included in the closure plan and, where applicable, the post-closure plan submitted under paragraph (a)(13) of this section;

(vii) If ignitable or reactive wastes are to be placed in a surface impoundment, an explanation of how § 264.229 will be complied with;

(viii) If incompatible wastes, or incompatible wastes and materials will be placed in a surface impoundment, an explanation of how § 264.230 will be complied with.

(ix) A waste management plan for Hazardous Waste Nos. F020, F021, F022, F023, F026, and F027 describing how the surface impoundment is or will be designed, constructed, operated, and maintained to meet the requirements of § 264.231. This submission must address the following items as specified in § 264.231:

(A) The volume, physical, and chemical characteristics of the wastes, including their potential to migrate through soil or to volatilize or escape into the atmosphere;

(B) The attenuative properties of underlying and surrounding soils or other materials;

(C) The mobilizing properties of other materials co-disposed with these wastes; and

(D) The effectiveness of additional treatment, design, or monitoring techniques.

(x) Information on air emission control equipment as required in § 100.41(b)(13).

(4)For facilities that store or treat hazardous waste in waste piles, except as otherwise provided in § 264.1:

(i) A list of hazardous wastes placed or to be placed in each waste pile;

(ii) If an exemption is sought to § 264.251 and Subpart F of Part 264 as provided by § 264.250(c) or § 264.90(b)(2), an explanation of how the standards of § 264.250(c) will be complied with and detailed plans and an engineering report describing how the requirements of § 264.90(b)(2) will be met.

(iii) 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 § § 264.19, 264.251, 264.252, and 264.253 of these regulations, addressing the following items:

(A)

(1) The liner system (except for an existing portion of a waste pile), if the waste pile must meet the requirements of § 264.251(a) of these regulations. If an exemption from the requirement for a liner is sought as provided by § 264.251(b) of these regulations, 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 ground water or surface water at any future time;

(2) The double liner and leak (leachate) detection, collection, and removal system, if the waste pile must meet the requirements of § 264.251(c) of these regulations. 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 § 264.251(d), (e), or (f) of these regulations, submit appropriate information;

(3) 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;

(4) The construction quality assurance (CQA) plan if required under § 264.19 of these regulations;

(5) Proposed action leakage rate, with rationale, if required under § 264.252 of these regulations, and response action plan, if required under § 264.253 of these regulations;

(B) Control of run-on;

(C) Control of run-off;

(D) Management of collection and holding units associated with run-on and run-off control systems; and

(E) Control of wind dispersal of particulate matter, where applicable;

(iv) A description of how each waste pile, including the double liner system, leachate collection and removal system, leak detection system, cover system, and appurtenances for control of run-on and run-off, will be inspected in order to meet the requirements of § 264.254(a), (b), and (c) of these regulations. This information must be included in the inspection plan submitted under paragraph (a)(5) of this section;

(v) If treatment is carried out on or in the pile, details of the process and equipment used, and the nature and quality of the residuals;

(vi) If ignitable or reactive wastes are to be placed in a waste pile, an explanation of how the requirements of § 264.256 will be complied with;

(vii) If incompatible wastes, or incompatible wastes and materials will be placed in a waste pile, an explanation of how § 264.257 will be complied with;

(viii) A description of how hazardous waste residues and contaminated materials will be removed from the waste pile at closure, as required under § 264.258(a). For any waste not to be removed from the waste pile upon closure, the owner or operator must submit detailed plans and an engineering report describing how § 264.310(a) and (b) will be complied with. This information should be included in the closure plan and, where applicable, the post-closure plan submitted under paragraph (a)(13) of this section.

(ix) A waste management plan for Hazardous Waste Nos. F020, F021, F022, F023, F026, and F027 describing how a waste pile that is not enclosed (as defined in § 264.250(c)) is or will be designed, constructed, operated, and maintained to meet the requirements of § 264.259. This submission must address the following items as specified in § 264.259:

(A) The volume, physical, and chemical characteristics of the wastes to be disposed in the waste pile, including. their potential to migrate through soil or to volatilize or escape into the atmosphere;

(B) The attenuative properties of underlying and surrounding soils or other materials;

(C) The mobilizing properties of other materials co-disposed with these wastes; and

(D) The effectiveness of additional treatment, design, or monitoring techniques.

(5)For facilities that incinerate, process or otherwise burn hazardous waste in incinerators, boilers, or industrial furnaces, except as § 264.340 of these regulations provides otherwise, the applicant must fulfill the requirements of paragraphs (b)(5)(i), (ii) and (iii) as applicable to the trial burn for metals emissions, (iv) as applicable to the trial burn for total chloride or chlorine emissions, and (v) of this section. All Applicants must follow the procedures of C.R.S. 25-15-Part 5 for obtaining a certificate of designation (CD) for a facility applying for a permit to burn hazardous waste under the requirements of Part 264-Subpart O.

(i) When seeking exemption under § 264.340(b) or (c) of these regulations (ignitable, corrosive or reactive wastes only):

(A) Documentation that the waste is listed as a hazardous waste in Part 261, Subpart D, of these regulations solely because it is ignitable (Hazard Code I), corrosive (Hazard Code C), or both; or

(B) Documentation that the waste is listed as a hazardous waste in Part 261, Subpart D, of these regulations solely because it is reactive (Hazard Code R) for characteristics other than those listed in § 261.23(a)(4) and (5) of these regulations, and will not be burned when other hazardous wastes are present in the combustion zone; or

(C) Documentation that the waste is a hazardous waste solely because it possesses the characteristic of ignitability, corrosivity, or both, as determined by the tests for characteristics of hazardous wastes under Part 261, Subpart C, of these regulations; or

(D) Documentation that the waste is a hazardous waste solely because it possesses the reactivity characteristics listed in § 261.23(a)(1), (2), (3), (6), (7), or (8) of these regulations, and that it will not be burned when other hazardous wastes are present in the combustion zone; or

(ii) Submit a trial burn plan or the results of a trial burn, including all required determinations, in accordance with § 100.28; or

(iii)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 § 264.344(b) and (e) of these regulations that control metals emissions without requiring a trial burn, the owner or operator must submit:

(A) Documentation of the feed rate of hazardous waste, other fuels, and industrial furnace feed stocks;

(B) Documentation of the concentration of each metal controlled by § 264.344(b) or (e) of these regulations in the hazardous waste, other fuels, and industrial furnace feedstocks, and calculations of the total feed rate of each metal;

(C) Documentation of how the applicant will ensure that the Tier I feed rate screening limits provided by § 264.344(b) or (e) of these regulations will not be exceeded during the averaging period provided by that paragraph;

(D) Documentation to support the determination of the terrain-adjusted effective stack height, good engineering practice stack height, terrain type, and land use as provided by § 264.344(b)(3) through (b)(5) of these regulations;

(E) Documentation of compliance with the provisions of § 264.344(b)(6) of these regulations, if applicable, for facilities with multiple stacks;

(F) Documentation that the facility does not fail the criteria provided by § 264.344(b)(7) of these regulations for eligibility to comply with the screening limits; and

(G) Proposed sampling and metals analysis plan for the hazardous waste, other fuels, and industrial furnace feed stocks.

(iv)Waiver of trial burn for HCL and Cl₂. When seeking to be permitted under the Tier I (or adjusted Tier I) feed rate screening limits for total chloride and chlorine provided by § 264.345(b)(1) and (e) of these regulations that control emissions of hydrogen chloride (HCl) and chlorine gas (Cl₂) without requiring a trial burn, the owner or operator must submit:

(A) Documentation of the feed rate of hazardous waste, other fuels, and industrial furnace feed stocks;

(B) 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;

(C) Documentation of how the applicant will ensure that the Tier I (or adjusted Tier I) feed rate screening limits provided by § 264.345(b)(1) or (e) of these regulations will not be exceeded during the averaging period provided by that paragraph;

(E) Documentation of compliance with the provisions of § 264.345(b)(4) of these regulations, if applicable, for facilities with multiple stacks;

(F) Documentation that the facility does not fail the criteria provided by § 264.345(b)(3) of these regulations for eligibility to comply with the screening limits; and

(G) Proposed sampling and analysis plan for total chloride and chlorine for the hazardous waste, other fuels, and industrial furnace feed stocks.

(v) The owner or operator may seek an exemption from the trial burn requirements to demonstrate conformance with § § 264.342 through 264.345 of these regulations and § 100.28 of these regulations by providing the information required by § 100.28 of these regulations from previous compliance testing of the device in conformance with § 265.140 of these regulations, 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 § 100.28 of these regulations 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. In addition, the following information shall be submitted for a waiver from any trial burn:

(A) An analysis of each waste or mixture of wastes to be burned including:

(1) Heat value of the waste in the form and composition in which it will be burned.

(2) Viscosity (if applicable), or description of physical form of the waste.

(3) An identification of any hazardous organic constituents listed in Part 261, Appendix VIII of these regulations, which are present in the waste to be burned, except that the applicant need not analyze for constituents listed in Part 261, Appendix VIII, of these regulations 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 appropriate analytical techniques.

(4) An approximate quantification of the hazardous constituents identified in the waste, within the precision produced by appropriate analytical methods.

(5) A quantification of those hazardous constituents in the waste which may be designated as POHCs based on data submitted from other trial or operational burns which demonstrate compliance with the performance standards in § § 264.342, 264.343, 264.344, and 264.345 of these regulations.

(B) A detailed engineering description of the incinerator, boiler, or industrial furnace, including:

(1) Manufacturer's name and model number of the incinerator, boiler, or industrial furnace.

(2) Type of incinerator, boiler, or industrial furnace.

(3) Linear dimension of incinerator, boiler, or industrial furnace unit including cross sectional area of combustion chamber.

(4) Description of auxiliary fuel system (type/feed).

(5) Capacity of prime mover (if applicable).

(6) Description of automatic waste feed cutoff system(s).

(7) Stack gas monitoring and pollution control monitoring system.

(8) Nozzle and burner design (if applicable).

(9) Construction materials.

(10) Location and description of temperature, pressure, and flow indicating devices and control devices.

(C) A description and analysis of the waste to be burned compared with the waste for which data from operational or trial burns are provided to support the contention that a trial burn is not needed. The data should include those items listed in § 100.41(b)(5)(v)(A). This analysis should specify the POHCs which the applicant has identified in the waste for which a permit is sought, and any differences from the POHCs in the waste for which burn data are provided.

(D) The design and operating conditions of the incinerator, boiler, or industrial furnace unit to be used, compared with that for which comparative burn data are available.

(E) A description of the results submitted from any previously conducted trial burn(s) including:

(1) Sampling and analysis techniques used to calculate performance standards in § § 264.342, 264.343, 264.344, and 264.345 of these regulations.

(2) Methods and results of monitoring temperatures, waste feed rates, carbon monoxide, and an appropriate indicator of combustion gas velocity (including a statement concerning the precision and accuracy of this measurement).

(F) The expected incinerator, boiler, or industrial furnace operation information to demonstrate compliance with § § 264.342, 264.343, 264.344, and 264.345 and § 264.346 of these regulations including but not limited to:

(1) Expected carbon monoxide (CO) level in the stack exhaust gas.

(2) Waste feed rate.

(3) Combustion zone temperature.

(4) Indication of combustion gas velocity.

(5) Expected stack gas volume, flow rate, and temperature.

(6) Computed residence time for waste in the combustion zone.

(7) Expected hydrochloric acid removal efficiency.

(8) Expected fugitive emissions and their control procedures.

(9) Proposed waste feed cut off limits based on the identified significant operating parameters.

(G) Such supplemental information as the Director finds necessary to achieve the purposes of this paragraph, including but not limited to the information required under § 100.28(h), the Pre-Trial Burn MPHRA.

(H) Waste analysis data, including that submitted in paragraph (b)(5)(v)(A), sufficient to allow the Director to specify as permit Principal Organic Hazardous Constituents (permit POHCs) those constituents for which destruction and removal efficiencies will be required.

(vi) The Director shall approve a permit application without a trial burn if he/she finds that:

(A) The wastes are sufficiently similar; and

(B) The incinerator, boiler, or industrial furnace units are virtually identical and at the same facility, and the data from other trial burns, operational burns, or compliance tests at virtually identical units are adequate to specify (under § 264.346 of these regulations) at virtually identical operating conditions that will ensure that the performance standards in '' 264.342, 264.343, 264.344, and 264.345 and operating requirements in § 264.346 of these regulations will be met by the incinerator, boiler, or industrial furnace.

NOTE: The Applicant must refer to 25-15-Part 5, C.R.S., for the procedures to obtain a certificate of designation (CD) for a facility applying for a permit to burn hazardous waste under the requirements of Part 264-Subpart O.

(vii)Alternative HC limit for industrial furnaces with organic matter in raw materials. Owners and operators of industrial furnaces requesting an alternative HC limit under § 264.342(h) of these regulations shall submit the following information at a minimum:

(A) Documentation that the furnace is designed and operated to minimize HC emissions from fuels and raw materials;

(B) Documentation of the proposed baseline flue gas HC (and CO) concentration, including data on HC (and CO) levels during tests when the facility produced normal products under normal operating conditions from normal raw materials while burning normal fuels and when not burning hazardous waste;

(C) Test burn protocol to confirm the baseline HC (and CO) level including information on the type and flow rate of all feedstreams, point of introduction of all feedstreams, total organic carbon content (or other appropriate measure of organic content) of all nonfuel feedstreams, and operating conditions that affect combustion of fuel(s) and destruction of hydrocarbon emissions from nonfuel sources;

(D) Trial burn plan to:

(1) Demonstrate that flue gas HC (and CO) concentrations when burning hazardous waste do not exceed the baseline HC (and CO) level; and

(2) Identify the types and concentrations of organic compounds listed in Appendix VII, Part 261 of these regulations, that are emitted when burning hazardous waste in conformance with procedures prescribed by the Director;

(E) Implementation plan to monitor over time changes in the operation of the facility that could reduce the baseline HC level and procedures to periodically confirm the baseline HC level; and

(F) Such other information as the Director finds necessary to achieve the purposes of this paragraph.

(viii)Alternative metals implementation approach. When seeking to be permitted under an alternative metals implementation approach under § 264.344(f) of these regulations, the owner or operator must submit documentation specifying how the approach ensures compliance with the metals emissions standards of 264.344(c) or (d) of these regulations and how the approach can be effectively implemented and monitored. Further, the owner or operator shall provide such other information that the Director finds necessary to achieve the purposes of this paragraph.

(ix)Automatic waste feed cutoff system. Owners and operators shall submit information describing the automatic waste feed cutoff system, including any pre-alarm systems that may be used.

(x)Direct transfer. Owners and operators that use direct transfer operations to feed hazardous waste from transport vehicles (containers, as defined in § 264.346(f) of these regulations) directly to the incinerator, boiler or industrial furnace shall submit information supporting conformance with the standards for direct transfer provided by § 264.346(f) of these regulations.

(xi)Residues. Owners and operators that claim that their residues are excluded from regulation under the provisions of § 264.347 of these regulations must submit information adequate to demonstrate conformance with those provisions.

(xii)Public participation requirements at pre-application.

See § 100.11(f) for the pre-application public meeting and notice requirements,

(xiii)Information repository.

(A) At the time an application for a State RCRA permit for an incineration, boiler, or industrial furnace facility is submitted, the Director will require the applicant to establish and maintain an information repository. The purpose of this provision is to make accessible to interested persons documents, reports and other public information developed pursuant to activities required under Parts 264 and 100.

(B) The information repository shall contain all documents, reports, data, and other information deemed sufficient by the Director for public understanding of the plans, activities, and operations of any hazardous waste facility that is operating or seeking a permit. The applicant shall also place a copy of the application on file at the local health department, or other location agreed upon by the Director and local jurisdiction to be accessible to the public, such as an information repository established by the Director for the proposed incineration, boiler, or industrial furnace facility.

(C) The information repository shall be located and maintained at a location chosen by the facility that is within reasonable distance of the facility, and within a structure with suitable public access, such as a county library, courthouse, or local government building. However, if the Director determines the location unsuitable for allowing appropriate access to interested persons, the Director may specify a more appropriate location. The repository shall be open to the public during reasonable hours, or accessible by appointment. The information repository shall be located to provide reasonable access to a photocopy machine or alternative means for people to obtain copies of documents at reasonable cost

(D) The Director shall specify requirements for informing the public about the information repository. At a minimum, the Director shall require the facility to provide a written notice about the information repository to all individuals on the facility mailing list.

(E) Information regarding opportunities and procedures for public involvement, including the opportunity to be put on the facility mailing list, shall be made available at the repository.

(F) The facility owner/operator shall be responsible for maintaining and updating the repository with appropriate information throughout a time period specified by the Director, unless existing State regulations require the State to maintain the information repository.

(xiv)Development of a Community Involvement Plan.

The Applicant for a State RCRA permit for a hazardous waste incineration, boiler, or industrial furnace facility must develop a Community Involvement Plan (CIP) for the Director's review and approval, and include it as part of the facility's Part B application. The purpose of the CIP is to ensure that the local community is informed regarding technical and regulatory matters related to the proposed incineration, boiler, or industrial furnace facility, and ensure that a mechanism is in place for the community to obtain information related to the proposed facility and voice their comments and concerns to the facility and regulatory agencies as these are identified.

(6)For facilities that use land treatment to dispose of hazardous waste, except as otherwise provided in § 264.1:

(i) A description of plans to conduct a treatment demonstration as required under § 264.272. The description must include the following information:

(A) The wastes for which the demonstration will be made and the potential hazardous constituents in the wastes;

(B) The data sources to be used to make the demonstration (e.g., literature, laboratory data, field data, or operating data);

(C) Any specific laboratory or field test that will be conducted, including (1) the type of test (e.g., column leaching, degradation); (2) materials and methods, including analytical procedures; (3) expected time for completion; (4) characteristics of the unit that will be simulated in the demonstration, including treatment zone characteristics, climatic conditions, and operating practices;

(ii) A description of a land treatment program, as required under § 264.271. 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:

(A) The wastes to be land treated;

(B) Design measures and operating practices necessary to maximize treatment in accordance with § 264.273(a) including:

(1) Waste application method and rate;

(2) Measures to control soil pH;

(3) Enhancement of microbial or chemical reactions;

(4) Control of moisture content;

(C) Provisions for unsaturated zone monitoring, including:

(1) Sampling equipment, procedures, and frequency;

(2) Procedures for selecting sampling locations;

(3) Analytical procedures;

(4) Chain of custody control;

(5) Procedures for establishing background values;

(6) Statistical methods for interpreting results;

(7) The justification for any hazardous constituents recommended for selection as principal hazardous constituents, in accordance with the criteria for such selection in § 264.278(a);

(D) A list of hazardous constituents reasonably expected to be in, or derived from, the wastes to be land treated based on waste analysis performed pursuant to § 264.13;

(E) The proposed dimensions of the treatment zone;

(iii) A description of how the unit is or will be designed, constructed, operated, and maintained in order to meet the requirements of § 264.273. This submission must address the following items:

(A) Control of run-on;

(B) Collection and control of run-off;

(C) Minimization of run-off of hazardous constituents from the treatment zone;

(D) Management of collection and holding facilities associated with run-on and run-off control systems;

(E) Periodic inspection of the unit. This information should be included in the inspection plan submitted under paragraph (a)(5) of this section;

(F) Control of wind dispersal of particulate matter, if applicable;

(iv) 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 § 264.276(a) will be conducted including:

(A) Characteristics of the food-chain crop for which the demonstration will be made;

(B) Characteristics of the waste, treatment zone, and waste application method and rate to be used in the demonstration;

(C) Procedures for crop growth, sample collection, sample analysis, and data evaluation;

(D) Characteristics of the comparison crop including the location and conditions under which it was or will be grown.

(v) If food-chain crops are to be grown, and cadmium is present in the land-treated waste, a description of how the requirements of § 264.276(b) will be complied with;

(vi) A description of the vegetative cover to be applied to closed portions of the facility, and a plan for maintaining such cover during the post-closure care period, as required under § 264.280(a)(8) and § 264.280(c)(2). This information should be included in the closure plan and, where applicable, the post-closure care plan submitted under paragraph (a)(13) of this section;

(vii) If ignitable or reactive wastes will be placed in or on the treatment zone, an explanation of how the requirements of § 264.281 will be complied with;

(viii) If incompatible wastes, or incompatible wastes and materials, will be placed in or on the same treatment zone, an explanation of how § 264.282 will be complied with.

(ix) A waste management plan for Hazardous Waste Nos. F020, F021, F022, F023, F026, and F027 describing how the land treatment facility is or will be designed, constructed, operated, and maintained to meet the requirements of § 264.283:

(A) The volume, physical, and chemical characteristics of the wastes, including their potential to migrate through soil or to volatilize or escape into the atmosphere;

(B) The attenuative properties of underlying and surrounding soils or other materials;

(C) The mobilizing properties of other materials co-disposed with these wastes; and

(D) The effectiveness of additional treatment, design, or monitoring technique

(7)For facilities that dispose of hazardous waste in landfills, except as otherwise provided in § 264.1:

(i) A list of the hazardous wastes placed or to be placed in each landfill or landfill cell;

(ii) Detailed plans and an engineering report describing how the landfill is designed and is or will be constructed, operated, and maintained to meet the requirements of § § 264.19, 264.301, 264.302, and 264.303 of these regulations, addressing the following items:

(A)

(1) The liner system (except for an existing portion of a landfill), if the landfill must meet the requirements of § 264.301(a) of these regulations. If an exemption from the requirement for a liner is sought as provided by § 264.301(b) of these regulations, 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 ground water or surface water at any future time;

(2) The double liner and leak (leachate) detection, collection, and removal system, if the landfill must meet the requirements of § 264.301(c) of these regulations. 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 § 264.301(d), (e), or (f) of these regulations, submit appropriate information;

(4) The construction quality assurance (CQA) plan if required under § 264.19 of these regulations;

(5) Proposed action leakage rate, with rationale, if required under § 264.302 of these regulations, and response action plan, if required under § 264.303 of these regulations;

(B) Control of run-on;

(C) Control of run-off;

(D) Management of collection and holding facilities associated with run-on and run-off control systems; and

(E) Control of wind dispersal of particulate matter, where applicable.

(iii) If an exemption from Subpart F of Part 264 is sought as provided by § 264.90(b)(2), the owner or operator must submit detailed plans and an engineering report describing how the requirements of § 264.90(b)(2) will be complied with.

(iv) A description of how each landfill, including the double liner system, leachate collection and removal system, leak detection system, cover system, and appurtenances for control of run-on and run-off, will be inspected in order to meet the requirements of § 264.303(a), (b), and (c) of these regulations. This information must be included in the inspection plan submitted under paragraph (a)(5) of this section;

(v) Detailed plans and an engineering report describing the final cover which will be applied to each landfill or landfill cell at closure in accordance with § 264.310(a), and a description of how each landfill will be maintained and monitored after closure in accordance with § 264.310(b). This information should be included in the closure and post-closure plans submitted under paragraph (a)(13) of this section.

(vi) If ignitable or reactive wastes will be landfilled, an explanation of how the requirements of § 264.312 will be complied with;

(vii) If incompatible wastes, or incompatible wastes and materials will be landfilled, an explanation of how § 264.313 will be complied with;

(viii) If bulk or non-containerized liquid waste or waste containing free liquids is to be landfilled, an explanation of how the requirements of § 264.314 will be complied with;

(ix) If containers of hazardous waste are to be landfilled, an explanation of how the requirements of § 264.315 or § 264.316, as applicable, will be complied with.

(x) 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 § 264.317. This submission must address the following items as specified in § 264.317:

(A) The volume, physical, and chemical characteristics of the wastes, including their potential to migrate through soil or to volatilize or escape into the atmosphere;

(B) The attenuative properties of underlying and surrounding soils or other materials;

(C) The mobilizing properties of other materials co-disposed with these wastes; and

(D) The effectiveness of additional treatment, design, or monitoring techniques.

(8)Exposure information

(i) 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:

(A) Reasonably foreseeable potential releases from both normal operations and accidents at the unit, including releases associated with transportation to or from the unit;

(B) The potential pathways of human exposure to hazardous wastes or constituents resulting from the releases described under paragraph (A); and

(C) The potential magnitude and nature of the human exposure resulting from such releases.

(ii) By August 8,1985, owners and operators of a landfill or a surface impoundment who have already submitted a Part B application must submit the information required in paragraph (8)(i) of this section.

(9)Special Part B information requirements for drip pads.

Except as otherwise provided by § 264.1 of these regulations, 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:

(i) A list of hazardous wastes placed or to be placed on each drip pad.

(ii) If an exemption is sought to Subpart F of Part 264 of these regulations, as provided by § 264.90 of these regulations, detailed plans and an engineering report describing how the requirements of § 264.90(b)(2) of these regulations will be met.

(iii) 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 these regulations, including the as-built drawings and specifications. This submission must address the following items as specified in § 264.571 of these regulations:

(A) The design characteristics of the drip pad;

(B) The liner system;

(C) The leakage detection system, including the leak detection system and how it is designed to detect the failure of the drip pad or the presence of any releases of hazardous waste or accumulated liquid at the earliest practicable time;

(D) Practices designed to maintain drip pads;

(E) The associated collection system;

(F) Control of the run-on to the drip pad;

(G) Control of the run-off from the drip pad;

(H) The interval at which drippage and other materials will be removed from the associated collection system and a statement demonstrating that the interval will be sufficient to prevent overflow onto the drip pad;

(I) Procedures for cleaning the drip pad at least once every seven days to ensure the removal of any accumulated residues of waste or other materials, including but not limited to rinsing, washing with detergents or other appropriate solvents, or steam cleaning and provisions for documenting the date, time, and cleaning procedure used each time the pad is cleaned.

(J) Operating practices and procedures that will be followed to ensure that tracking of hazardous waste or waste constituents off the drip pad due to activities by personnel or equipment is minimized;

(K) Procedures for ensuring that, after removal from the treatment vessel, treated wood from pressure and non-pressure processes is held on the drip pad until drippage has ceased, including recordkeeping practices;

(L) Provisions for ensuring that collection and holding units associated with the run-on and run-off control systems are emptied or otherwise managed as soon as possible after storms to maintain design capacity of the system;

(M) If treatment is carried out on the drip pad, details of the process equipment used, and the nature and quality of the residuals.

(N) A description of how each drip pad, including appurtenances for control of run-on and run-off, will be inspected in order to meet the requirements of § 264.573 of these regulations. This information should be included in the inspection plan submitted under § 100.41(a)(5) of these regulations.

(O) A certification signed by an independent, qualified, registered engineer, stating that the drip pad design meets the requirements of paragraphs (a) through (f) of § 264.573 of these regulations.

(P) 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 these regulations. 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 these regulations will be complied with. This information should be included in the closure plan and, where applicable, the post-closure plan submitted under § 100.41(a)(13)

(10)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:

(i) A detailed description of the unit being used or proposed for use, including the following:

(A) Physical characteristics, materials of construction, and dimensions of the unit;

(B) Detailed plans and engineering reports describing how the unit will be located, designed, constructed, operated, maintained, monitored, inspected, and closed to comply with the requirements of § 264.601 and § 264.602; and

(C) For disposal units, a detailed description of plans to comply with the post-closure requirements of § 264.603.

(ii) Detailed hydrologic, geologic, and meteorologic assessments and land-use maps for the region surrounding the site that address and ensure compliance of the unit with each factor in the environmental performance standards of § 264.601. If the applicant can demonstrate that he/she does not violate the environmental performance standards of § 264.601 and the Director agrees with such demonstration, preliminary hydrologic, geologic, and meteorologic assessments will suffice.

(iii) Information on the potential pathways of exposure of humans or environmental receptors to hazardous waste or hazardous constituents and on the potential magnitude and nature of such exposures.

(iv) For any treatment unit, a report on a demonstration of the effectiveness of the treatment based on laboratory or field data.

(v) Any additional information determined by the Director to be necessary for evaluation of compliance of the unit with the environmental performance standards 4 of § 264.601 of these regulations.

(11)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:

(i) For facilities that cannot install a closed-vent system and control device to comply with the provisions of Part 264 Subpart AA on the effective date that the facility becomes subject to the provisions of Part 264 or 265 Subpart AA, an implementation schedule as specified in § 264.1033(a)(2).

(ii) Documentation of compliance with the process vent standards in § 264.1032, including:

(A) Information and data identifying all affected process vents, annual throughput and operating hours of each affected unit, estimated emission rates for each affected vent and for the overall facility (i.e., the total emissions for all affected vents at the facility), and the approximate location within the facility of each affected unit (e.g., identify the hazardous waste management units on a facility plot plan).

(B) Information and data supporting estimates of vent emissions and emission reduction achieved by add-on control devices based on engineering calculations or source tests. For the purpose of determining compliance, estimates of vent emissions and emission reductions must be made using operating parameter values (e.g., temperatures, flow rates, or concentrations) that represent the conditions that exist when the waste management unit is operating at the highest load or capacity level reasonably expected to occur.

(C) Information and data used to determine whether or not a process vent is subject to the requirements of § 264.1032.

(iii) Where an owner or operator applies for permission to use a control device other than a thermal vapor incinerator, catalytic vapor incinerator, flare, boiler, process heater, condenser, or carbon adsorption system to comply with the requirements of § 264.1032, and chooses to use test data to determine the organic removal efficiency or the total organic compound concentration achieved by the control device, a performance test plan as specified in § 264.1035(b)(3).

(iv) Documentation of compliance with § 264.1033, including:

(A) A list of all information references and sources used in preparing the documentation.

(B) Records, including the dates, of each compliance test required by § 264.1033(k).

(C) A design analysis, specifications, drawings, schematics, and piping and instrumentation diagrams based on the appropriate sections of "APTI Course 415: Control of Gaseous Emissions" (incorporated by reference as specified in § 260.11) or other engineering texts acceptable to the Department that present basic control device design information. The design analysis shall address the vent stream characteristics and control device operation parameters as specified in § 264.1035(b)(4)(iii).

(D) A statement signed and dated by the owner or operator certifying that the operating parameters used in the design analysis reasonably represent the conditions that exist when the hazardous waste management unit is or would be operating at the highest load or capacity level reasonably expected to occur.

(E) 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

(12)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:

(i) For each piece of equipment to which Subpart BB of Part 264 applies:

(A) Equipment identification number and hazardous waste management unit identification.

(B) Approximate locations within the facility (e.g., identify the hazardous waste management unit on a facility plot plan).

(C) Type of equipment (e.g., a pump or pipeline valve).

(D) Percent by weight total organics in the hazardous waste stream at the equipment.

(E) Hazardous waste state at the equipment (e.g., gas/vapor or liquid).

(F) Method of compliance with the standard (e.g., "monthly leak detection and repair" or "equipped with dual mechanical seals").

(ii) For facilities that cannot install a closed-vent system and control device to comply with the provisions of Part 264 Subpart BB on the effective date that the facility becomes subject to the provisions of Part 264 or Part 265 Subpart BB, an implementation schedule as specified in § 264.1033(a)(2).

(iii) Where an owner or operator applies for permission to use a control device other than a thermal vapor incinerator, catalytic vapor incinerator, flare, boiler, process heater, condenser, or carbon adsorption system and chooses to use test data to determine the organic removal efficiency or the total organic compound concentration achieved by the control device, a performance test plan as specified in § 264.1035(b)(3).

(iv) Documentation that demonstrates compliance with the equipment standards in § § 264.1052 to 264.1059. This documentation shall contain the records required under § 264.1064. The Department may request further documentation before deciding if compliance has been demonstrated.

(v) Documentation to demonstrate compliance with § 264.1060 shall include the following information:

(A) A list of all information references and sources used in preparing the documentation.

(B) Records, including the dates, of each compliance test required by § 264.1033(j).

(D) A statement signed and dated by the owner or operator certifying that the operating parameters used in the design analysis reasonably represent the conditions that exist when the hazardous waste management unit is operating at the highest load or capacity level reasonably expected to occur.

(E) 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.

(13)Specific Part B information requirements for air emission controls for tanks, surface impoundments, and containers.

(i) Except as otherwise provided in § 264.1 of these regulations, owners and operators of tanks, surface impoundments, or containers that use air emission controls in accordance with the requirements of Part 264, Subpart CC of these regulations shall provide the following additional information:

(A) Documentation for each floating roof cover installed on a tank subject to § 264.1084(d)(1) or § 264.1084(d)(2) of these regulations that includes information prepared by the owner or operator or provided by the cover manufacturer or vendor describing the cover design, and certification by the owner or operator that the cover meets the applicable design specifications as listed in § 264.1084(e)(1) or § 264.1084(f)(1) of these regulations.

(B) Identification of each container area subject to the requirements of Part 264, Subpart CC of these regulations and certification by the owner or operator that the requirements of this subpart are met.

(C) Documentation for each enclosure used to control air pollutant emissions from tanks or containers in accordance with the requirements of § 264.1084(d)(5) or § 264.1086(e)(1)(ii) of these regulations that includes records for the most recent set of calculations and measurements performed by the owner or operator to verify that the enclosure meets the criteria of a permanent total enclosure as specified in "Procedure T-Criteria for and Verification of a Permanent or Temporary Total Enclosure" under 40 CFR 52.741, appendix B.

(D) Documentation for each floating membrane cover installed on a surface impoundment in accordance with the requirements of § 264.1085(c) of these regulations that includes information prepared by the owner or operator or provided by the cover manufacturer or vendor describing the cover design, and certification by the owner or operator that the cover meets the specifications listed in § 264.1085(c)(1) of these regulations.

(E) Documentation for each closed-vent system and control device installed in accordance with the requirements of § 264.1087 of these regulations that includes design and performance information as specified in § 100.41(b)(11)(iii) and (iv) of these regulations.

(F) An emission monitoring plan for both Method 21 in 40 CFR part 60 , appendix A and control device monitoring methods. This plan shall include the following information: monitoring point(s), monitoring methods for control devices, monitoring frequency, procedures for documenting exceedances, and procedures for mitigating noncompliances.

(G) When an owner or operator of a facility subject to Part 265, Subpart CC of these regulations cannot comply with Part 264, Subpart CC of these regulations by the date of permit issuance, the schedule of implementation required under § 265.1082 of these regulations.

(14)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 § § 100.41(a)(1), (4), (5), (6), (11), (13), (14), (16), and (18), (c), and (d), unless the Director determines that additional information from § § 100.41(a), 100.41(b)(2), 100.41(b)(3), 100.41(b)(4), 100.41(b)(6), or 100.41(b)(7) is necessary. The owner or operator is required to submit the same information when an alternative authority is used in lieu of a post-closure permit as provided in § 100.10(d).

(c)Additional information requirements. The following additional information regarding protection of ground water is required from owners or operators of hazardous waste facilities containing a regulated unit except as provided in § 264.90(b) of these regulations:

(1) A summary of the ground-water monitoring data obtained during the interim status period under § § 265.90 through 265.94, where applicable.

(2) Identification of the uppermost aquifer and aquifers hydraulically interconnected beneath the facility property, including ground-water flow direction and rate, and the basis for such identification (i.e., the information obtained from hydrogeologic investigations of the facility area).

(3) On the topographic map required under paragraph (a)(19) of this section, a delineation of the waste management area, the property boundary, the proposed "point of compliance" as defined under § 264.95, the proposed location of ground-water monitoring wells as required under § 264.97 and, to the extent possible, the information required in paragraph (c)(2) of this section;

(4) A description of any plume of contamination that has entered the ground water from a regulated unit at the time that the application is submitted that:

(i) Delineates the extent of the plume on the topographic map required under paragraph (a)19) of this section;

(ii) Identifies the concentration of each Appendix IX, of Part 264 of these regulations, constituent throughout the plume or identifies the maximum concentrations of each Appendix IX constituent in the plume.

(5) Detailed plans and an engineering report describing the proposed ground-water monitoring program to be implemented to meet the requirements of § 264.97;

(6) If the presence of hazardous constituents has not been detected in the ground water 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 § 264.98. This submission must address the following items as specified under § 264.98:

(i) A proposed list of indicator parameters, waste constituents, or reaction products that can provide a reliable indication of the presence of hazardous constituents in the ground water,

(ii) A proposed ground-water monitoring system;

(iii) Background values for each proposed monitoring parameter or constituent, or procedures to calculate such values; and

(iv) A description of proposed sampling, analysis and statistical comparison procedures to be utilized in evaluating ground-water monitoring data.

(7) If the presence of hazardous constituents has been detected in the ground water at the point of compliance at the time of 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 § 264.99. Except as provided in § 264.98(h)(5), the owner or operator must also submit an engineering feasibility plan for a corrective action program necessary to meet the requirements of § 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 § 264.99, the owner or operator must address the following items:

(i) A description of the wastes previously handled at the facility;

(ii) A characterization of the contaminated ground water, including concentrations of hazardous constituents;

(iii) A list of hazardous constituents for which compliance monitoring will be undertaken in accordance with § § 264.97 and 264.99;

(iv) Proposed concentration limits for each hazardous constituent, based on the criteria set forth in § 264.94(a), including a justification for establishing any alternate concentration limits;

(v) Detailed plans and an engineering report describing the proposed ground-water monitoring system, in accordance with the requirements of § 264.97; and

(vi) A description of proposed sampling, analysis and statistical comparison procedures to be utilized in evaluating ground-water monitoring data.

(8) If hazardous constituents have been measured in the ground water which exceed the concentration limits established under § 264.94 Table 1, or if ground-water monitoring conducted at the time of permit application under § 265.90 through § 265.94 at the waste boundary indicates the presence of hazardous constituents from the facility in ground water 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 § 264.100. However, an owner or operator is not required to submit information to establish a corrective action program if he/she demonstrates to the Director that alternate concentration limits will protect human health and the environment after considering the criteria listed in § 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 § 264.99 and paragraph (c)(6) of this section. To demonstrate compliance with § 264.100, the owner or operator must address, at a minimum, the following items:

(i) A characterization of the contaminated ground water, including concentrations of hazardous constituents;

(ii) The concentration limit for each hazardous constituent found in the ground water as set forth in § 264.94;

(iii) Detailed plans and an engineering report describing the corrective action to be taken; and

(iv) A description of how the groundwater monitoring program will assess the adequacy of the corrective action.

(v) The permit may contain a schedule for submittal of the information required in paragraphs (c)(8)(iii) and (iv) provided the owner or operator obtains written authorization from the Department prior to submittal of the complete permit application.

(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:

(i) The location of the unit on the topographic map required under paragraph (a)(18) of this section.

(ii) Designation of the type of unit.

(iii) General dimensions and structural description (supply any available drawings).

(iv) When the unit was operated.

(v) Specification of all wastes that have been managed at the unit, to the extent available.

(2) The owner or operator of any facility containing one or more solid waste management units must submit all available information pertaining to any release of hazardous wastes or hazardous constituents from such unit or units.

(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 Director ascertains it is necessary to complete a RCRA Facility Assessment that will determine if more complete investigation is necessary.

6 CCR 1007-3-100.4.41

37 CR 24, December 25, 2014, effective 3/2/2015

38 CR 11, June 10, 2015, effective 6/30/2015

39 CR 05, March 10, 2016, effective 3/30/2016

39 CR 11, June 10, 2016, effective 6/30/2016

40 CR 06, March 25, 2017, effective 4/14/2017

40 CR 11, June 10, 2017, effective 6/30/2017

40 CR 21, November 10, 2017, effective 11/30/2017

41 CR 06, March 25, 2018, effective 4/14/2018

41 CR 11, June 10, 2018, effective 6/30/2018

41 CR 24, December 25, 2018, effective 1/14/2019

42 CR 06, March 25, 2019, effective 4/14/2019

42 CR 06, March 25, 2019, effective 5/30/2019

42 CR 11, June 10, 2019, effective 6/30/2019

43 CR 12, June 25, 2020, effective 7/15/2020

44 CR 06, March 25, 2021, effective 4/14/2021

44 CR 11, June 10, 2021, effective 6/30/2021

44 CR 24, December 25, 2021, effective 1/14/2022

45 CR 11, June 10, 2022, effective 6/30/2022

45 CR 17, September 10, 2022, effective 9/10/2022

45 CR 17, September 10, 2022, effective 9/30/2022

45 CR 23, December 10, 2022, effective 1/30/2023