Mich. Admin. Code R. 299.9519

Current through Vol. 24-10, June 15, 2024

Section R. 299.9519 - Modification, revocation, and suspension of operating licenses during their terms

Rule 519.

(1) An owner or operator shall construct, operate, and maintain a facility pursuant to part 111 of the act, MCL 324.11101 to 324.11153, these rules, and the operating license issued to the facility pursuant to part 111 of the act, MCL 324.11101 to 324.11153. Any deviation from the conditions of a license or from approved plans requires prior approval by the director, unless otherwise specified in this rule, and, if necessary, modification of the license.

(2) If the director receives any information during the term of an operating license, for example, inspects the facility, receives information submitted by the licensee as required in the license, receives a request for modification or revocation pursuant to this rule, or conducts a review of the license file, then he or she may determine if 1 or more of the causes listed in subrule (3) of this rule for modification or subrule (11) of this rule for revocation, or both, exist. If cause exists, the director may commence proceedings pursuant to act 306 to modify or revoke an operating license accordingly, subject to the limitation of subrule (4) of this rule, and may request an updated application under R 299.9520, if necessary. If an operating license is modified, then only the conditions subject to modification are reopened. If an operating license modification satisfies the criteria of subrule (5) of this rule for a minor modification, or if the director has not yet been authorized under 40 CFR part 271, then the license may be modified pursuant to subrule (6) of this rule. Otherwise, a draft license must be prepared and other procedures specified in R 299.9511 followed.

(3) Any of the following are causes for modification of an operating license:

(a) The causes listed under 40 CFR 270.41(a), except 40 CFR 270.41(a)(3).

(b) If the standards or regulations on which license was based have been changed by statute, through promulgation of new or amended standards or regulations, or by judicial decision after the license was issued.

(c) To modify a monitoring program under R 299.9611 or R 299.9612.

(d) Cause exists for modification under subrule (5) of this rule and the director determines that modification is appropriate.

(e) The director has received notification pursuant to R 299.9522 of a proposed transfer of ownership or operation.

(4) The director shall not consider suitability of the facility location at the time of operating license modification, suspension, or revocation, or when reviewing an operating license for a new facility or the expansion, enlargement, or alteration of an existing facility, unless new information or standards indicate that a threat to human health or the environment exists that was unknown at the time of license issuance. In addition, the director shall not modify an operating license for a new facility or the expansion, enlargement, or alteration of an existing facility beyond what is authorized in the license.

(5) The licensee may put into effect the following minor license modifications without following the procedures specified in R 299.9511, if the licensee complies with subrule (6) of this rule:

(a) Any of the following general license modifications:

(i) An administrative and information change.

(ii) A correction of a typographical error.

(iii) Equipment replacement or upgrading with functionally equivalent elements, for example pipes, valves, pumps, conveyors, or controls.

(iv) A change in the frequency of, or procedures for, monitoring, reporting, sampling, or maintenance activities to provide for more frequent monitoring, reporting, sampling, or maintenance.

(v) A change in the interim compliance dates in the schedule of compliance if the prior written approval of the director is obtained.

(vi) A change in the expiration date of the license to allow earlier license termination if the prior written approval of the director is obtained.

(vii) A change in the ownership or operational control of a facility if the procedures specified in R 299.9522 are followed and if the prior written approval of the director is obtained.

(viii) Changes to remove operating license conditions that are no longer applicable because the standards upon which they are based are no longer applicable to the facility if prior written approval from the director is obtained.

(ix) Changes to remove license conditions applicable to a unit excluded under R 299.9204.

(x) Changes in the expiration date of a license issued to a facility at which all units are excluded under R 299.9204.

(b) Any of the following general facility modifications:

(i) A change to waste sampling or analysis methods to conform to agency guidelines or regulations.

(ii) A change to waste sampling or analysis methods to incorporate change associated with F039 (multisource leachate) sampling or analysis methods.

(iii) A change to waste sampling or analysis methods to incorporate changes associated with underlying hazardous constituents in ignitable or corrosive wastes if the prior written approval of the director is obtained.

(iv) A change in a sampling or analysis procedure or monitoring schedule if the prior written approval of the director is obtained.

(v) A change to analytical quality assurance/control plans to conform to department guidelines or rules.

(vi) A change in procedures for maintaining the operating record.

(vii) A change in the contingency plan to reflect the replacement of emergency equipment with functionally equivalent equipment, the upgrade of emergency equipment, or the relocation of emergency equipment listed.

(viii) A change to the training plan, other than those changes that affect the type of, or decrease the amount of, training given to employees.

(ix) The replacement of emergency equipment with functionally equivalent emergency equipment, the upgrade of emergency equipment, or the relocation of emergency equipment listed in the contingency plan.

(x) A change in the name, address, or phone number of a coordinator or another person or agency identified in the contingency plan.

(xi) A change in the procedures used to empty hazardous waste from transport vehicles and other containers.

(xii) A change that the construction quality assurance officer certifies will provide equivalent or better certainty that the unit components meet the design specifications. The certification must be provided in the facility operating record.

(c) Any of the following groundwater protection modifications:

(i) Replacement of an existing well that has been damaged or rendered inoperable without changing the location, design, or depth of the well.

(ii) A change in groundwater sampling or analysis procedure or monitoring schedule if the prior written approval of the director is obtained.

(iii) A change in statistical procedure for determining whether a statistically significant change in groundwater quality between upgradient and downgradient wells has occurred if the prior written approval of the director is obtained.

(d) Any of the following changes to closure plans:

(i) A change in the estimate of maximum inventory of waste on site at any time during the active life of the facility, not to exceed the approved process design capacity of the facility if the prior written approval of the director is obtained.

(ii) A change in the closure schedule for any unit, a change in the final closure schedule for the facility, or extension of the closure period if the prior written approval of the director is obtained.

(iii) A change in the expected year of final closure, if other license conditions are not changed and if the prior written approval of the director is obtained.

(iv) A change in procedure for the decontamination of facility equipment or structures if the prior written approval of the director is obtained.

(v) The addition of temporary tanks used for neutralization, dewatering, phase separation, or other separation with the prior written approval of the director.

(e) Any of the following postclosure modifications:

(i) A change in the name, address, or phone number of the contact person in the postclosure plan.

(ii) A change in the expected year of final closure if other license conditions are not changed.

(f) The addition of a roof to a container unit without altering the containment system.

(g) The replacement of a tank with a tank that is in compliance with the same design standards, has the same capacity of the replaced tank, and is in compliance with the same conditions in the license.

(h) The replacement of a waste pile unit with another waste pile unit of the same design and capacity and that is in compliance with all the waste pile conditions in the license.

(i) Any of the following land treatment modifications:

(i) A decreased rate of waste application.

(ii) A change in any condition specified in the license for a land treatment unit to reflect the results of the land treatment demonstration if performance standards are met and if the prior written approval of the director is obtained.

(iii) A change to allow a second land treatment demonstration to be conducted when the results of the first demonstration have not shown the conditions under which the wastes can be treated completely, if the conditions for the second demonstration are substantially the same as the conditions for the first demonstration and if the prior written approval of the director is obtained.

(j) Any of the following incinerator, boiler, or industrial furnace modifications:

(i) Authorization of up to an additional 720 hours of waste burning during the shakedown period for determining operation readiness after construction if the prior written approval of the director is obtained.

(ii) A change in the operating requirements specified in the license for conducting a trial burn, if the change is minor and if the prior written approval of the director is obtained.

(iii) A change in the ranges of the operating requirements specified in the license to reflect the results of the trial burn, if the change is minor and if the prior written approval of the director is obtained.

(iv) Substitution of an alternate type of nonhazardous waste fuel that is not specified in the license if the prior written approval of the director is obtained.

(v) Technology changes necessary to meet the standards under 40 CFR part 63, subpart EEE, if the owner or operator met the notification of intent to comply requirements of 40 CFR 63.1210 that were in effect before October 11, 2000, and if prior written approval is obtained from the director.

(k) Technology changes necessary to meet the standards under 40 CFR part 63, subpart EEE that were promulgated on October 12, 2005, if the owner or operator met the notification of intent to comply requirements of 40 CFR 63.1210(b) and 63.1212(a) and if prior written approval is obtained from the director.

(l) Waiver of operating and emission limits as necessary to support the transition to 40 CFR part 63, subpart EEE, if all of the following requirements are met and if prior written approval is obtained from the director:

(i) The specific operating and emission limits for which the waiver is requested must be identified in writing.

(ii) An explanation of why the changes are necessary to minimize or eliminate conflicts between the license and the maximum achievable control technology standards compliance must be provided in writing.

(iii) An explanation of how the rised provisions will be sufficiently protective must be provided in writing.

(iv) If the modification is being requested in conjunction with maximum achievable control technology performance testing where the license limits may only be waived during actual test events and pretesting, as defined under 40 CFR 63.1207(h)(2)(i) and (ii), for an aggregate time not to exceed 720 hours of operation, the request must be provided at the same time the test plans are submitted to the director. The director may approve or deny the request contingent upon approval of the test plans.

(m) Any of the following burden reduction changes:

(i) The development of 1 contingency plan based on integrated contingency plan guidance pursuant to 40 CFR 264.52(b).

(ii) Changes to recordkeeping or reporting requirements under 40 CFR 264.56(i), 264.113(e)(5), 264.196(f), 264.343(a)(2), 264.1061(b)(1), 264.1062(a), or R 299.9629(10).

(iii) Changes to the inspection frequency for tank systems under 40 CFR 264.195(b).

(iv) Changes to a detection or a compliance monitoring program under 40 CFR 264.98(d) or (g)(2) or (3), or 264.99(f) or (g).

(6) For minor license modifications, the licensee shall do both of the following:

(a) Notify the director concerning the minor modification by certified mail or other means that establish proof of delivery. For minor modifications that do not require the prior written approval of the director, the notification must be made within 7 calendar days after the change is put into effect. For minor modifications that do require the prior written approval of the director, the notification shall be made before the change is put into effect. The notification must comply with all of the following provisions:

(i) Contain a minor modification request for the director's approval, if required.

(ii) Specify the exact change or changes being made or to be made to the license conditions or supporting documents referenced by the license.

(iii) Identify that the modification is a minor modification.

(iv) Explain why the modification is necessary.

(v) Provide the applicable information required pursuant to R 299.9504 and R 299.9508, as appropriate.

(b) Send a notice of the minor modification to all persons on the facility mailing list that is maintained by the director pursuant to 40 CFR 124.10(c)(ix) and the appropriate units of state and local government pursuant to 40 CFR 124.10(c)(x). The notification must be made within 90 days after the change is put into effect. For minor modifications that require the prior written approval of the director, the notification must made within 90 calendar days after the director approves the minor modification request.

(7) Any person may request that the director review any minor license modification. The director may reject for cause. The director shall inform the licensee by certified mail that a minor license modification has been rejected and explain the reasons for the rejection. If a minor license modification is rejected, the licensee shall comply with the existing license conditions.

(8) For minor license modifications, the licensee may elect to follow the procedures specified in R 299.9511 instead of the license modification procedures. The licensee shall inform the director of this decision in the notice that is required in subrule (6) of this rule.

(9) Any modification that is not specifically listed in subrule (5) of this rule is considered a major license modification and is subject to the requirements of R 299.9511 and R 299.9520, unless all of the following conditions are met:

(a) The licensee demonstrates, to the director's satisfaction, that a modification meets the criteria for a minor modification. In determining the appropriate classification for a modification, the director shall consider the similarity of the modification to other modifications listed in subrule (5) of this rule. Minor modifications apply to minor changes that keep the license current with routine changes to the facility or its operation. These changes do not substantially alter the license conditions or reduce the capacity of the facility to protect human health or the environment.

(b) The modification does not authorize the physical construction of a new treatment, storage, or disposal facility; the expansion or enlargement beyond the previously authorized design capacity or area of a treatment, storage, or disposal facility; or the alteration of the method of treatment or disposal previously authorized at a treatment, storage, or disposal facility to a different method of treatment or disposal.

(c) The classification of the modification is not less stringent than that allowed under RCRA.

(10) For major license modifications, the licensee shall submit a major modification request to the director by certified mail or by other means that establish proof of delivery. The request must be made before the change is put into effect. The request must comply with all of the following provisions:

(a) Describe the exact change or changes to be made to the license conditions or supporting documents referenced by the license.

(b) Identify that the modification is a major modification.

(c) Explain why the modification is necessary.

(d) Provide the applicable information required under R 299.9504 and R 299.9508, as appropriate.

(11) An operating license may be revoked for any of the following reasons:

(a) Noncompliance by the licensee with part 111 of the act, MCL 324.11101 to 324.11153, these rules, or any condition of the operating license.

(b) A determination that the licensed activity endangers human health or the environment.

(c) The owner or operator fails in the application or during the operating license issuance process to disclose fully all relevant facts or at any time misrepresents any relevant facts.

(12) Requests for operating license modification by a licensee and updated applications requested by the director pursuant to subrule (2) of this rule must be made on forms provided by the director.

(13) An operating license may be suspended pursuant to act 306.

(14) 40 CFR part 63, subpart EEE and 264.52(b), 264.56(i), 264.98(d) and (g)(2) and (3), 264.99(f) and (g), 264.113(e)(5), 264.195(b), 264.196(f), 264.343(a)(2), 264.1061(b)(1), 264.1062(a), 270.41(a), except 40 CFR 270.41(a)(3), are adopted by reference in R 299.11003.

Mich. Admin. Code R. 299.9519

1985 AACS; 1988 AACS; 1994 AACS; 1996 AACS; 2000 AACS; 2004 AACS; 2008 AACS; 2013 AACS; 2017 AACS; 2020 MR 14, Eff. 8/3/2020