Statutes, codes, and regulations
Colorado Administrative Code
Department 1000 - Department of Public Health and EnvironmentDivision 1007 - Hazardous Materials and Waste Management DivisionRule 6 CCR 1007-3 - HAZARDOUS WASTEPart 100 - HAZARDOUS WASTE - PERMIT REGULATIONS
Section 6 CCR 1007-3-100.2 - SPECIAL PERMITS
Section 6 CCR 1007-3-100.2.20 - QUALIFYING FOR INTERIM STATUS

6 Colo. Code Regs. § 1007-3-100.2.20

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Current through Register Vol. 47, No. 20, October 25, 2024
Section 6 CCR 1007-3-100.2.20 - QUALIFYING FOR INTERIM STATUS
(a) Any person who owns or operates an "existing HWM facility" or a 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, except as provided in Sections 25-15-101et seq., C.R.S. (1982), shall have interim status and shall be treated as having been issued a permit to the extent he or she has:
(1) Complied with the requirements of Part 99 pertaining to notification of hazardous waste activity.
(2) Complied with the requirements of § 100.11 governing submission of Part A applications; and
(3) Complied with the fee requirements of § 100.3.
(b)Interim Status Requirements.
(1) Owners or operators shall comply with the interim status standards in Part 265.
(2) The facility shall not treat, store, or dispose of hazardous waste not specified in Part A of the permit application, unless the owner or operator submits the revised Part A permit application required by § 100.11(d)(1) prior to such a change, and the change is approved by the Director,.
(3) Changes in the processes for the treatment, storage, or disposal of hazardous waste may be made at a facility or additional processes may be added if the owner or operator submits a revised Part A permit application prior to such a change, along with a justification explaining the need for the change) and the Director approves the change because:
(i) It is necessary to prevent a threat to human health or the environment because of an emergency situation, or
(ii) It is necessary to comply with State regulations (including the interim status standards in Part 265) or State or Local laws.
(4) Increases in the design capacity of processes used at the facility may be made if the owner or operator submits a revised Part A permit application prior to such a change (along with a justification explaining the need for the change) and the Director approves the change because of a lack of available treatment, storage, or disposal capacity at other hazardous waste management facilities;
(5) Changes in the ownership or operational control of a facility may be made if the new owner or operator submits a revised Part A permit application no later than 90 days prior to the scheduled change. When a transfer of ownership or operational control of a facility occurs, the old owner or operator shall comply with the requirements of Part 266, (financial requirements), until the new owner or operator has demonstrated to the Director that he/she is complying with that part. The new owner or operator must demonstrate compliance with the financial requirements of Part 266 of these regulations within six months of the date of the change in ownership or operational control of the facility. All other interim status duties are transferred effective immediately upon the date of the change of ownership or operational control of the facility. Upon demonstration to the Director by the new owner or operator of compliance with that part, the Director shall notify the old owner or operator in writing that he/she no longer needs to comply with that part as of the date of demonstration.
(6) In no event shall changes be made to an HWM Facility during interim status which amount to reconstruction of the facility. Reconstruction occurs when the capital investment in the changes to the facility exceeds fifty percent of the capital cost of a comparable entirely new HWM Facility. Changes prohibited under this paragraph do not include changes to treat or store, in tanks, containers, or containment buildings, hazardous wastes subject to land disposal restrictions imposed by Part 268 of these regulations or RCRA section 3004 [42 U.S.C. § 6924], provided that such changes are made solely for the purpose of complying with Part 268 of these regulations or RCRA section 3004 [42 U.S.C. § 6924].
(c)Duration of Interim Status.

Interim status terminates when:

(1) final administrative disposition of a State RCRA permit application, except an application for a remedial action plan (RAP) under § 100.27 of this part, is made.
(2) interim status is terminated as provided in § 100.11.
(3) For owners or operators of each land disposal facility which has been granted interim status prior to November 8,1984, on November 8,1985, unless:
(i) the owner or operator submits a Part B application for a permit for that facility prior to that date; and
(ii) the owner or operator certifies that such facility is in compliance with all applicable ground water monitoring and financial responsibility requirements.
(4) For owners or operators of each land disposal facility which is 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 which is granted interim status, twelve months after the date on which the facility first becomes subject to such permit requirement unless the owner or operator of such facility:
(i) submits a Part B application for a RCRA permit for such facility before the date 12 months after the date on which the facility first becomes subject to such permit requirement; and
(ii) certifies that such facility is in compliance with all applicable ground water monitoring and financial responsibility requirements.
(5) For owners or operators of each incinerator facility on November 8,1989, unless the owner or operator of the facility submits a Part B application for a RCRA permit for an incinerator facility by November 8,1986.
(6) For owners or operators of any facility (other than a land disposal or an incinerator facility) on November 8,1992, unless the owner or operator of the facility submits a Part B application for a RCRA permit for the facility by November 8,1988.
(d) Paragraph (a) of this section shall not apply to any facility which has been previously denied a RCRA permit or if authority to operate the facility under RCRA has been previously terminated.

6 CCR 1007-3-100.2.20

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