Section Env-Hw 304.02 - Qualifying for Interim Status(a) To be granted and to maintain interim status authorization to operate, an existing facility shall:(1) Notify the department in accordance with Env-Hw 702.01;(2) Obtain an EPA identification number;(3) Submit interim status part A application information in accordance with 40 CFR 270.13 no later than the earliest of the following:a. Six months after the publication date of regulations that first require the facility to comply with Env-Hw 700; orb. Thirty days after the facility first becomes subject to the standards set forth in Env-Hw 700.(4) Comply with the transfer of ownership and relinquishment of property requirements of Env-Hw 304.28;(5) Comply with the emergency/remedial action requirements of Env-Hw 706;(6) Submit a completed standard permit or transfer facility permit application in accordance with Env-Hw 304.10; and(7) Implement all changes at the facility during interim status, including changes in facility operation, design, ownership, or operational control, only in accordance with 40 CFR 270.72.(b) If the department has reason to believe upon examination of an interim status part A permit application that the application fails to meet the requirements of 40 CFR 270.13, the department shall notify the owner and the operator of the facility in writing of the apparent deficiency. Such notice shall specify the grounds for the department's belief that the application is deficient. The owner or operator of the facility shall, within 30 days from receipt, respond to such a notification and explain or cure the alleged deficiency in the permit application.(c) An existing facility that previously has been denied a facility permit or where authority to operate the facility previously had been terminated shall not qualify for interim status.(d) During the interim status period the facility shall not:(1) Treat, store, or dispose of hazardous waste not specified in the permit application;(2) Employ processes not specified in the permit application; or(3) Exceed the design capacities specified in the permit application.(e) During the interim status period, the facility shall comply with the interim status standards set forth in Env-Hw 700.(f) All facility operators shall comply with the following requirements for updating interim status part A applications:(1) Updated interim status part A applications shall be filed with the department or the EPA as required by 40 CFR 270.10(g)(1);(2) Interim status shall only attach to activities expressly covered by the interim status part A application; and(3) An operator who does not file an updated interim status part A application for new or expanded activities as allowed by 40 CFR 270.72 shall not receive interim status for those activities.(g) Interim status shall terminate upon:(1) The final administrative disposition of the standard or transfer facility permit application;(2) Failure to furnish a completed permit application on time;(3) Failure to furnish information required by Env-Hw 304.11 in a timely fashion; or(4) Failure to comply with the conditions of this part.(h) For any land disposal facility that was in existence on the effective date of statutory amendments or amendments to the hazardous waste rules that cause the facility to be subject to the requirement to have a hazardous waste permit, interim status shall terminate 12 months after the date on which the facility first becomes subject to such permit requirement unless the owner or operator of such facility:(1) Submits, in accordance with Env-Hw 304.10, an application for a standard permit for such facility no later than 12 months after the date on which the facility first becomes subject to such permit requirement; and(2) Certifies, as specified in Env-Hw 207, that such facility is in compliance with all applicable groundwater monitoring and financial responsibility requirements.N.H. Code Admin. R. Env-Hw 304.02
(See Revision Note at chapter heading for Env-Hw 300) #9362, eff 1-28-09
Amended by Volume XXXVII Number 32, Filed August 10, 2017, Proposed by #12345, Effective 8/14/2017, Expires 8/14/2027.