7 Del. Admin. Code § 1302-122-F-122.65

Current through Reigster Vol. 28, No. 6, December 1, 2024

Section 1302-122-F-122.65 - Research, Development, and Demonstration Permits

(a) The Administrator and the Secretary if the Administrator approves may issue a research, development, and demonstration permit for any hazardous waste treatment facility which proposes to utilize an innovative and experimental hazardous waste treatment technology or process for which permit standards for such experimental activity have not been promulgated under Parts 264 or 266. Any such permit shall include such terms and conditions as will assure protection of human health and the environment. Such permits:

(1) Shall provide for the construction of such facilities as necessary, and for operation of the facility for not longer than one year unless renewed as provided in paragraph (d) of this section, and

(2) Shall provide for the receipt and treatment by the facility of only those types and quantities of hazardous waste which the Administrator and the Secretary if the Administrator approves deems necessary for purposes of determining the efficacy and performance capabilities of the technology or process and the effects of such technology or process on human health and the environment, and;

(3) Shall include such requirements as the Administrator and the Secretary if the Administrator approves deems necessary to protect human health and the environment (including, but not limited to, requirements regarding monitoring, operation, financial responsibility, closure, and remedial action), and such requirements as the Administrator and the Secretary if the Administrator approves deems necessary regarding testing and providing of information to the Secretary with respect to the operation of the facility.

(b) For the purpose of expediting review and issuance of permits under this section, the Administrator and the Secretary if the Administrator approves may, consistent with the protection of human health and the environment, modify or waive permit application and permit issuance requirements in Parts 124 and 122 except that there may be no modification or waiver of regulations regarding financial responsibility (including insurance) or of procedures regarding public participation.

(c) The Administrator and the Secretary if the Administrator approves may order an immediate termination of all operations at the facility at any time he determines that termination is necessary to protect human health and the environment.

(d) Any permit issued under this section may be renewed not more than three times. Each such renewal shall be for a period of not more than one year.

(Amended May 8, 1986)

7 Del. Admin. Code § 1302-122-F-122.65