Tenn. Comp. R. & Regs. 0400-12-01-.07
The purpose of this rule is to establish the procedures, documentation, and other requirements which must be met in order for a person to be permitted to operate a hazardous waste treatment, storage, or disposal facility in Tennessee.
(Note: As provided in Rule 0400-12-01-.08(1)(d), no permit or other authorization shall be issued or renewed by the Division of Solid Waste Management pursuant to this Chapter or Chapter 0400-12-02 until all fees and/or penalties owed by the applicant to the Division are paid in full, unless a time schedule for payments has been approved and all payments are current or contested fees or penalties are under appeal.)
(Note: A small or large quantity handler who crushes his own lamps on site may operate without a Permit-by-Rule pursuant to subparts (2)(d)4(ii) or (3)(d)4(ii) of Rule 0400-12-01-.12, respectively.)
When an owner or operator of a hazardous waste incineration unit becomes subject to RCRA permit requirements after October 12, 2005, or when an owner or operator of an existing hazardous waste incineration unit demonstrates compliance with the air emission standards and limitations in 40 C.F.R. part 63 subpart EEE or equivalent state analog (i.e., by conducting a comprehensive performance test and submitting a Notification of Compliance under 40 C.F.R. §§ 63.1207(j) and 63.1210(d) or equivalent state analogs documenting compliance with all applicable requirements of 40 C.F.R. part 63 subpart EEE or equivalent state analog), the requirements of this subparagraph do not apply, except those provisions the Commissioner determines are necessary to ensure compliance with parts (15)(f)1 and 3 of Rule 0400-12-01-.06 if the owner or operator elects to comply with item (12)(a)1(i)(I) of this rule to minimize emissions of toxic compounds from startup, shutdown, and malfunction events. Nevertheless, the Commissioner may apply the provisions of this subparagraph, on a case-by-case basis, for purposes of information collection in accordance with subparagraphs (2)(g) and (h) and subparts (8)(b)2(ii) and (iii) of this rule.
Permit application information which meets the definition of proprietary information set forth in Rule 0400-12-01-.01(7) shall be subject to the confidential handling provided in that paragraph. Any such claim must be asserted at the time of submission in the manner prescribed on the application form or instructions or, in the case of other submissions, by stamping the words "confidential business information" on each page containing such information. If no claim is made at the time of submission, the Commissioner may make the information available to the public without further notice. However, such proprietary information shall not include the name and address of permit applicants or permittees.
A registered engineer must plan, design, and inspect the construction of any hazardous waste treatment, storage, or disposal works; also, a registered engineer must assist in the start-up of, and outline correct operating procedures for, any new or altered facility. Any registered engineer herein required shall be governed by the terms of T.C.A. Title 62, Chapter 2.
When an owner or operator of a cement kiln, lightweight aggregate kiln, solid fuel boiler, liquid fuel boiler, or hydrochloric acid production furnace becomes subject to RCRA permit requirements after October 12, 2005 or when an owner or operator of an existing cement kiln, lightweight aggregate kiln, solid fuel boiler, liquid fuel boiler, or hydrochloric acid production furnace demonstrates compliance with the air emission standards and limitations in 40 C.F.R. part 63 subpart EEE or equivalent state analog (i.e., by conducting a comprehensive performance test and submitting a Notification of Compliance under 40 C.F.R. §§ 63.1207(j) and 63.1210(d) or equivalent state analogs documenting compliance with all applicable requirements of 40 C.F.R. part 63 subpart EEE or equivalent state analog), the requirements of this subparagraph do not apply. The requirements of this subparagraph do apply, however, if the Commissioner determines certain provisions are necessary to ensure compliance with subpart (8)(c)5(i) and item (8)(c)5(ii)(III) of Rule 0400-12-01-.09 if the owner or operator elects to comply with subpart (12)(a)1(i) of this rule to minimize emissions of toxic compounds from startup, shutdown, and malfunction events; or if the owner or operator is an area source and elects to comply with subparagraphs (8)(f), (g), and (h) of Rule 0400-12-01-.09 standards and associated requirements for particulate matter, hydrogen chloride and chlorine gas, and non-mercury metals; or the Commissioner determines certain provisions apply, on a case-by-case basis, for purposes of information collection in accordance with subparagraphs (2)(g) and (h) and subparts (8)(b)2(ii) and (iii) of this rule.
Owners and operators of new boilers and industrial furnaces (those not operating under the interim status standards of Rule 0400-12-01-.09(8)(d)) are subject to parts 2 through 6 of this subparagraph. Boilers and industrial furnaces operating under the interim status standards of Rule 0400-12-01-.09(8)(d) are subject to part 7 of this subparagraph.
A permit for a new boiler or industrial furnace shall specify appropriate conditions for the following operating periods:
For the period beginning with initial introduction of hazardous waste and ending with initiation of the trial burn, and only for the minimum time required to bring the boiler or industrial furnace to a point of operational readiness to conduct a trial burn, not to exceed 720 hours operating time when burning hazardous waste, the Commissioner must establish in the Pretrial Burn Period of the permit conditions, including but not limited to, allowable hazardous waste feed rates and operating conditions. The Commissioner may extend the duration of this operational period once, for up to 720 additional hours, at the request of the applicant when good cause is shown. The permit may be modified to reflect the extension according to part (9)(c)5 of this rule.
For the final period of operation, the Commissioner will develop operating requirements in conformance with Rules 0400-12-01-.09(8)(c) 5 that reflect conditions in the trial burn plan and are likely to ensure compliance with the performance standards of Rules 0400-12-01-.09(8)(e) through (h). Based on the trial burn results, the Commissioner shall make any necessary modifications to the operating requirements to ensure compliance with the performance standards. The permit modification shall proceed according to part (9)(c)5 of this rule.
The trial burn plan must include the following information. The Commissioner, in reviewing the trial burn plan, shall evaluate the sufficiency of the information provided and may require the applicant to supplement this information, if necessary, to achieve the purposes of this paragraph:
When a DRE trial burn is required under Rule 0400-12-01-.09(8)(e) 1, the Commissioner will specify (based on the hazardous waste analysis data and other information in the trial burn plan) as trial Principal Organic Hazardous Constituents (POHCs) those compounds for which destruction and removal efficiencies must be calculated during the trial burn. These trial POHCs will be specified by the Commissioner based on information including his/her estimate of the difficulty of destroying the constituents identified in the hazardous waste analysis, their concentrations or mass in the hazardous waste feed, and, for hazardous waste containing or derived from wastes listed in Rule 0400-12-01-.02(4), the hazardous waste organic constituent(s) identified in Appendix VII of that rule as the basis for listing.
During each approved trial burn (or as soon after the burn as is practicable), the applicant must make the following determinations:
For the purpose of determining feasibility of compliance with the performance standards of Rules 0400-12-01-.09(8)(e) through (h) and of determining adequate operating conditions under Rule 0400-12-01-.09(8)(d), applicants owning or operating existing boilers or industrial furnaces operated under the interim status standards of Rule 0400-12-01-.09(8)(d) must either prepare and submit a trial burn plan and perform a trial burn in accordance with the requirements of this subparagraph or submit other information as specified in item (5)(b)8(i)(VI) of this rule. The Commissioner must announce his or her intention to approve the trial burn plan in accordance with the timing and distribution requirements of subpart 4(iii) of this subparagraph. The contents of the notice must include: the name and telephone number of a contact person at the facility; the name and telephone number of a contact office at the permitting agency; the location where the trial burn plan and any supporting documents can be reviewed and copied; and a schedule of the activities that are required prior to permit issuance, including the anticipated time schedule for agency approval of the plan and the time period during which the trial burn would be conducted.
Applicants who submit a trial burn plan and receive approval before submission of the Part B permit application must complete the trial burn and submit the results specified in part 6 of this subparagraph with the Part B permit application. If completion of this process conflicts with the date set for submission of the Part B application, the applicant must contact the Commissioner to establish a later date for submission of the Part B application or the trial burn results. If the applicant submits a trial burn plan with Part B of the permit application, the trial burn must be conducted and the results submitted within a time period prior to permit issuance to be specified by the Commissioner.
Remedial Action Plans (RAPs) are special forms of permits that are regulated under paragraph (11) of this rule.
The applicant shall publish a notice, fulfilling the requirements in subpart (ii) of this part, in a newspaper of general circulation in the county or equivalent jurisdiction that hosts the proposed location of the facility. In addition, the Commissioner shall instruct the applicant to publish the notice in newspapers of general circulation in adjacent counties or equivalent jurisdictions, where the Commissioner determines that such publication is necessary to inform the affected public. The notice must be published as a display advertisement.
The applicant shall post a notice on a clearly marked sign at or near the facility, fulfilling the requirements in subpart (ii) of this part. If the applicant places the sign on the facility property, then the sign must be large enough to be readable from the nearest point where the public would pass by the site.
The applicant shall broadcast a notice, fulfilling the requirements in subpart (ii) of this part, at least once on at least one local radio station or television station. The applicant may employ another medium with prior approval of the Commissioner.
The applicant shall send a copy of the newspaper notice to the permitting agency and to any unit of local government having jurisdiction over the area where the facility is or is proposed to be located, and to each state agency having authority under state law with respect to the construction or operation of such facility.
(Note: The Department does not require specific assignments or delegations of authority to responsible corporate officers identified in this subpart. The Department will presume that these responsible corporate officers have the requisite authority to sign permit applications unless the corporation has notified the Commissioner to the contrary. Corporate procedures governing authority to sign permit applications may provide for assignment or delegation to applicable corporate positions under item (II) of this subpart rather than to specific individuals.)
"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance to a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations."
"Based on my knowledge of the conditions of the property described in the RAP and my inquiry of the person or persons who manage the system referenced in the operator's certification, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations."
(Note: Owners or operators of an existing hazardous waste management facility required by this subparagraph to submit a Part B permit application are required to comply with subparagraph (1)(m) of this rule.)
(Note: Owners or operators of a new hazardous waste management facility, including a new commercial hazardous waste management facility, are required to comply with subparagraph (1)(m) of this rule prior to submitting a Part B permit application.)
Any hazardous waste management facility with an effective permit shall submit a new application at least 180 days before the expiration date of the effective permit, unless permission for a later date has been granted by the Commissioner. (The Commissioner shall not grant permission for applications to be submitted later than the expiration date of the existing permit.) Facilities shall follow the procedure requirements of subparagraph (1)(m) of this rule for all reapplications for a permit.
(Comment: Some existing facilities may not be required to file a notification under Rule 0400-12-01-.03(2). These facilities may qualify for interim status by meeting subpart (ii) of this part.)
If the Department has reason to believe upon examination of a Part A application that it fails to meet the requirements of paragraph (4) of this rule, it shall notify the owner or operator in writing of the apparent deficiency. Such notice shall specify the grounds for Department's belief that the application is deficient. The owner or operator shall have 30 days from receipt to respond to such a notification and to explain or cure the alleged deficiency in his Part A application. If, after such notification and opportunity for response, the Department determines that the application is deficient it may take appropriate enforcement action.
Interim status terminates:
The Part A permit application must include, but shall not necessarily be limited to, the following information:
Part A permit applications must be submitted on forms provided by the Department and completed as per the accompanying instructions.
(Note: The Part A permit application information requirements as stated in this paragraph are substantially equivalent to those similarly required by EPA under 40 CFR 270.10 and 270.13. Thus, copies of the EPA Part A permit application submitted to EPA will, if properly completed, suffice as the copies of the Part A permit application required by this paragraph.)
Part B of the permit application consists of the general information requirements of this rule, and the specific information requirements in paragraphs (5) and (6) of this rule applicable to the facility. The part B information requirements presented in paragraphs (5) and (6) reflect the standards promulgated in Rule 0400-12-01-.06. These information requirements are necessary in order for the Department to determine compliance with Rule 0400-12-01-.06 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 Commissioner may make allowance for submission of such information on a case-by-case basis. Information required in Part B shall be submitted to the Commissioner and signed in accordance with the requirements in subparagraph (2)(a) of this rule. Certain technical data, such as design drawings and specifications, and engineering studies shall be certified by a qualified Registered Professional Engineer. For post-closure permits, only the information specified in part (5)(b)14 of this rule is required in Part B of this permit application.
The following information is required for all HWM facilities, except as Rule 0400-12-01-.06(1) provides otherwise:
(Comment: If the county or election district is not listed in Appendix VI of Rule 0400-12-01-.06, no further information is required to demonstrate compliance with Rule 0400-12-01-.06(2)(i) 1.)
(Comment: The Guidance Manual for the Location Standards provides greater detail on the content of each type of seismic investigation and the appropriate conditions under which each approach or a combination of approaches would be used.)
(Comment: Where maps for the National Flood Insurance Program produced by the Federal Insurance Administration (FIA) of the Federal Emergency Management Agency are available, they will normally be determinative of whether a facility is located within or outside of the 100-year floodplain. However, where the FIA map excludes an area (usually areas of the floodplain less than 200 feet in width), these areas must be considered and a determination made as to whether they are in the 100-year floodplain. Where FIA maps are not available for a proposed facility location, the owner or operator must use equivalent mapping techniques to determine whether the facility is within the 100-year floodplain, and if so located, what the 100-year flood elevation would be.)
(Note: For large HWM facilities the Department will allow the use of other scales on a case-by-case basis.)
Except as otherwise provided in Rule 0400-12-01-.06(9)(a), owners or operators of facilities that store containers of hazardous waste must provide the following additional information:
Except as otherwise provided in Rule 0400-12-01-.06(10)(a), owners and operators of facilities that use tanks to store or treat hazardous waste must provide the following additional information:
Except as otherwise provided in Rule 0400-12-01-.06(1)(b) or (d), owners and operators of facilities that store, treat or dispose of hazardous waste in surface impoundments must provide the following additional information:
Except as otherwise provided in Rule 0400-12-01-.06(1)(b) or (d), owners and operators of facilities that store or treat hazardous waste in waste piles must provide the following additional information:
Except as Rule 0400-12-01-.06(15)(a) and subpart (v) of this part provide otherwise, owners and operators of facilities that incinerate hazardous waste must fulfill the requirements of subparts (i), (ii), or (iii) of this part.
Except as otherwise provided in Rule 0400-12-01-.06(1)(b), owners and operators of facilities that use land treatment to dispose of hazardous waste must provide the following additional information:
Except as otherwise provided in Rule 0400-12-01-.06(1)(b) or (d), owners and operators of facilities that dispose of hazardous waste in landfills must provide the following additional information:
When an owner or operator of a cement kiln, lightweight aggregate kiln, solid fuel boiler, liquid fuel boiler, or hydrochloric acid production furnace becomes subject to RCRA permit requirements after October 12, 2005, or when an owner or operator of an existing cement kiln, lightweight aggregate kiln, solid fuel boiler, liquid fuel boiler, or hydrochloric acid production furnace demonstrates compliance with the air emission standards and limitations in 40 C.F.R. part 63 subpart EEE or equivalent state analog (i.e., by conducting a comprehensive performance test and submitting a Notification of Compliance under 40 C.F.R. §§ 63.1207(j) and 63.1210(d) or equivalent state analogs documenting compliance with all applicable requirements of 40 C.F.R. part 63, subpart EEE or equivalent state analog), the requirements of this part do not apply. The requirements of this part do apply, however, if the Commissioner determines certain provisions are necessary to ensure compliance with subpart (8)(c)5(i) and item (8)(c)5(ii)(III) of Rule 0400-12-01-.09 if the owner or operator elects to comply with subpart (12)(a)1(i)(I) of this rule to minimize emissions of toxic compounds from startup, shutdown, and malfunction events; or if the owner or operator is an area source and elects to comply with the subparagraphs (8)(f), (8)(g), and (8)(h) of Rule 0400-12-01-.09 standards and associated requirements for particulate matter, hydrogen chloride and chlorine gas, and non-mercury metals; or the Commissioner determines certain provisions apply, on a case-by-case basis, for purposes of information collection in accordance with subparagraphs (2)(g) and (h) and subparts (8)(b)2(ii) and (iii) of this rule.
Except as provided below, owners and operators that are subject to the standards to control organic emissions provided by Rule 0400-12-01-.09(8)(e), standards to control particulate matter provided by Rule 0400-12-01-.09(8)(f), standards to control metals emissions provided by Rule 0400-12-01-.09(8)(g), or standards to control hydrogen chloride or chlorine gas emissions provided by Rule 0400-12-01-.09(8)(h) must conduct a trial burn to demonstrate conformance with those standards and must submit a trial burn plan or the results of a trial burn, including all required determinations, in accordance with subparagraph (1)(j) of this Rule:
When seeking to be permitted under the Tier I (or adjusted Tier I) metals feed rate screening limits provided by Rule 0400-12-01-.09(8)(g) 2 and 5 that control metals emissions without requiring a trial burn, the owner or operator must submit:
When seeking to be permitted under the low risk waste provisions of Rule 0400-12-01-.09(8)(j) 2 which waives the particulate standard (and trial burn to demonstrate conformance with the particulate standard), applicants must submit documentation supporting conformance with subitem (II)II and item (III) of this subpart.
When seeking to be permitted under the Tier I (or adjusted Tier I) feed rate screening limits for total chloride and chlorine provided by Rule 0400-12-01-.09(8)(h) 2(i) and 5 that control emissions of hydrogen chloride (HCl) and chlorine gas (Cl2) without requiring a trial burn, the owner or operator must submit:
The owner or operator may seek an exemption from the trial burn requirements to demonstrate conformance with Rules 0400-12-01-.09(8)(e) through (h) and subparagraph (1)(j) of this rule by providing the information required by subparagraph (1)(j) of this rule from previous compliance testing of the device in conformance with Rule 0400-12-01-.09(8)(d), 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 subparagraph (1)(j) of this rule 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. The Commissioner shall approve a permit application without a trial burn if he finds that the hazardous wastes are sufficiently similar, the devices are sufficiently similar, the operating conditions are sufficiently similar, and the data from other compliance tests, trial burns, or operational burns are adequate to specify (under Rule 0400-12-01-.09(8)(c)) operating conditions that will ensure conformance with Rule 0400-12-01-.09(8)(c) 3. In addition, the following information shall be submitted:
Owners and operators of industrial furnaces requesting an alternative HC limit under Rule 0400-12-01-.09(8)(e) 6 shall submit the following information at a minimum:
When seeking to be permitted under an alternative metals implementation approach under Rule 0400-12-01-.09(8)(g) 6, the owner or operator must submit documentation specifying how the approach ensures compliance with the metals emissions standards of Rule 0400-12-01-.09(8)(g) 3 or 4 and how the approach can be effectively implemented and monitored. Further, the owner or operator shall provide such other information that the Commissioner finds necessary to achieve the purposes of this subpart.
Owners and operators shall submit information describing the automatic waste feed cutoff system, including any pre-alarm systems that may be used.
Owners and operators that use direct transfer operations to feed hazardous waste from transport vehicles (containers, as defined in Rule 0400-12-01-.09(8)(l) directly to the boiler or industrial furnace shall submit information supporting conformance with the standards for direct transfer provided by Rule 0400-12-01-.09(8)(l).
Owners and operators that claim that their residues are excluded from regulation under the provisions of Rule 0400-12-01-.09(8)(m) must submit information adequate to demonstrate conformance with those provisions.
Except as otherwise provided in Rule 0400-12-01-.06(27)(a), owners and operators of facilities that treat, store, or dispose of hazardous waste in miscellaneous units must provide the following additional information:
Except as otherwise provided in Rule 0400-12-01-.06(1)(b), owners and operators of facilities that have process vents to which Rule 0400-12-01-.06(30) applies must provide the following additional information:
Except as otherwise provided in Rule 0400-12-01-.06(1)(b), owners and operators of facilities that have equipment to which Rule 0400-12-01-.06(31) applies must provide the following additional information:
Except as otherwise provided by Rule 0400-12-01-.06(1)(a) and (b), 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:
For post-closure permits, the owner or operator is required to submit only the information specified in subparts (a)1(i), (iv), (v), (vi), (xi), (xiii), (xiv), (xvi), (xviii), (xix), subparagraphs (c) and (e), and part (a)2 of this paragraph, unless the Commissioner determines that additional information from subparagraph (a), parts (b)2, (b)3, (b)4, (b)6, or (b)7 of this paragraph 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 part (1)(b)9 of this rule.
The following additional information regarding protection of groundwater is required from owners or operators of hazardous waste facilities containing a regulated unit except as provided in Rule 0400-12-01-.06(6)(a):
The following information is required for treatment facilities:
The Commissioner may, pursuant to the procedures in paragraph (7) of this rule, deny the permit application either in its entirety or as to the active life of a hazardous waste management facility or unit only.
Within 30 days after the date of receipt of a complete application as specified below, the Commissioner shall require the applicant/permittee to issue a preliminary public notice under subparagraph (e) of this paragraph for:
Public notice of activities described in subpart 1(i) of this subparagraph shall be given by the following methods:
(Note: The Commissioner may update the mailing list from time to time by requesting written indication of continued interest from those listed. The Commissioner may delete from the list the name of any person who fails to respond to such a request.)
In addition to the general public notice described in subpart (i) of this part, the public notice of a public hearing shall contain the following information:
The preliminary public notice described in subparagraph (a) of this paragraph shall contain the following information:
In addition to the general public notice described in subpart 4(i) of this subparagraph, all persons identified in items 3(i)(I), (II), (III), and (IV) of this subparagraph shall be mailed a copy of the fact sheet (if any) and the draft permit (if any).
During the public comment period provided under subpart (e)2(i) of this paragraph, any interested person may submit written comments on the draft permit and may request a public hearing, if no hearing has already been scheduled. A request for a public hearing shall be in writing and shall state the nature of the issues proposed to be raised in the hearing. All comments shall be considered in making the final decision and shall be answered as provided in subparagraph (j) of this paragraph.
If, in his final permit decision under subparagraph (i) of this paragraph, the Commissioner denied the permit or issued it subject to conditions with which the permit applicant disagrees, the applicant may appeal the decision to the Board as set forth in T.C.A. § 68-212-113(a) 2 and (b). If the Commissioner fails to take any action on a permit application within 45 days after it was submitted to him/her or fails to meet the time limits imposed by parts (b)1, (c)5, and (i)1 of this paragraph, the permit applicant may appeal to the Board as set forth in T.C.A. § 68-212-113(a) 3 and (b).
The following conditions apply to all permits, and shall be incorporated into the permits either expressly or by reference. If incorporated by reference, a specific citation to this subparagraph must be included in the permit.
If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the permittee must apply for and obtain a new permit.
It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this permit.
In the event of noncompliance with the permit, the permittee shall take all reasonable steps to minimize releases to the environment, and shall carry out such measures as are reasonable to prevent significant adverse impacts on human health or the environment.
The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance includes effective performance, adequate funding, adequate operator staffing and training, and adequate laboratory and process controls, including appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems only when necessary to achieve compliance with the conditions of the permit.
This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance, does not stay any existing permit condition.
This permit does not convey any property rights of any sort, or any exclusive privilege.
The permittee shall furnish to the Commissioner, within a reasonable time, any relevant information which the Commissioner may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit, or to determine compliance with this permit. The permittee shall also furnish to the Commissioner, upon request, copies of records required to be kept by this permit.
The permittee shall allow the Commissioner, or an authorized representative, upon the presentation of credentials and other documents as may be required by law, to:
All applications, reports, or information submitted to the Commissioner shall be signed and certified. (See subparagraph (2)(a) of this rule.)
The permittee shall give notice to the Commissioner as soon as possible of any planned physical alterations or additions to the permitted facility.
The permittee shall give advance notice to the Commissioner as soon as possible of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements. For a new facility, the permittee may not commence treatment, storage, or disposal of hazardous waste; and for a facility being modified, the permittee may not treat, store, or dispose of hazardous waste in the modified portion of the facility except as provided in part (9)(c)5 of this rule, until:
This permit is not transferable to any person except after notice to the Commissioner. The Commissioner may require modification or revocation and reissuance of the permit to change the name of the permittee and incorporate such other requirements as may be necessary under the Act. (See subparagraph (9)(b) of this rule; in some cases, modification or revocation and reissuance is mandatory.)
Monitoring results shall be reported at the intervals specified elsewhere in this permit.
Reports of compliance or noncompliance with, or any progress reports on, interim and final requirements contained in any compliance schedule of this permit shall be submitted no later than 14 days following each schedule date.
If a significant discrepancy in a manifest is discovered, the permittee must attempt to reconcile the discrepancy. If not resolved within fifteen days, the permittee must submit a letter report, including a copy of the manifest, to the Commissioner. (See Rule 0400-12-01-.06(5)(c).) (viii) Unmanifested waste report Such report must be submitted to the Commissioner within 15 days of receipt of unmanifested waste. (See Rule 0400-12-01-.06(5)(g).)
An annual report must be submitted covering facility activities during the previous calendar year. (See Rule 0400-12-01-.06(5)(b).)
The permittee shall report all instances of noncompliance not reported under subparts (iv), (v), and (vi) of this part, at the time monitoring reports are submitted. The reports shall contain the information listed in subpart (vi) of this part.
Where the permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Commissioner, it shall promptly submit such facts or information.
The Commissioner may require the permittee to establish and maintain an information repository at any time, based on the factors set forth in item (7)(e)4(v)(II) of this rule. The information repository will be governed by the provisions in items (7)(e)4(v)(III) through (VI) of this rule.
All permit conditions shall be incorporated either expressly or by reference. If incorporated by reference, a specific citation to the applicable regulations or requirements must be given in the permit.
Any schedules of compliance under this subparagraph shall require compliance as soon as possible.
Except as provided in item 2(i)(II) of this subparagraph, if a permit establishes a schedule of compliance which exceeds 1 year from the date of permit issuance, the schedule shall set forth interim requirements and the dates for their achievement.
The permit shall be written to require that no later than 14 days following each interim date and the final date of compliance, the permittee shall notify the Commissioner in writing, of its compliance or noncompliance with the interim or final requirements.
A permit applicant or permittee may cease conducting regulated activities (by receiving a terminal volume of hazardous waste and, for treatment and storage HWM facilities, closing pursuant to applicable requirements; and, for disposal HWM facilities, closing and conducting post-closure care pursuant to applicable requirements) rather than continue to operate and meet permit requirements as follows:
When a permittee has made timely and sufficient application for a new permit, the existing permit does not expire until the Commissioner has made a final determination on issuance or denial and, in case the application is denied, or the terms of the new permit limited, until the last day for seeking review of the Commissioner's order or a later date fixed by order of the reviewing court.
Permits may be modified or revoked and reissued only for the reasons shown in parts 3, 4, or 5 of this subparagraph and only according to the procedures set forth in part 2 of this subparagraph. This process may be initiated either by the Commissioner or at the request of the permittee. All such requests from the permittee shall be in writing and shall contain the reasons for the request.
The following are causes for modification, but not revocation and reissuance, of permits. However, the following may be causes for revocation and reissuance, as well as modification, when the permittee requests or agrees.
The following are causes to modify or, alternatively, revoke and reissue a permit:
The permittee is authorized to continue to accept waste military munitions notwithstanding any permit conditions barring the permittee from accepting off-site waste, if:
The Commissioner must maintain a list of all approved permit modifications and must publish a notice once a year in a State-wide newspaper that an updated list is available for review.
Suitability of the facility location will not be considered at the time of permit modification or revocation and reissuance unless new information or standards indicate that a threat to human health or the environment exists which was unknown at the time of permit issuance.
Permits may be terminated only for the reasons shown in part 3 of this subparagraph and only according to the procedures set forth in part 2 of this subparagraph. This process may be initiated either by the Commissioner or at the request of the permittee. All such requests from the permittee shall be in writing and shall contain the reasons for the request.
The following are causes for terminating a permit during its term or for denying a permit renewal application:
Appendix I to Rule 0400-12-01-.072
Classification of Permit Modification
[40 CFR 270.42 Appendix I]
Modifications | Class | |
(a) General Permit Provisions | ||
1. | Administrative and informational changes | 1 |
2. | Correction of typographical errors | 1 |
3. | Equipment replacement or upgrading with functionally equivalent components (e.g., pipes, valves, pumps, conveyors, controls) | 1 |
4. | Changes in the frequency of or procedures for monitoring, reporting, sampling, or maintenance activities by the permittee: | |
(i) To provide for more frequent monitoring, reporting, sampling, or maintenance. | 1 | |
(ii) Other changes | 2 | |
5. | Schedule of compliance: | |
(i) Changes in interim compliance dates, with prior approval of the Commissioner. | 11 | |
(ii) Extension of final compliance date. | 3 | |
6. | Changes in expiration date of permit to allow earlier permit termination, with prior approval of the Commissioner. | 11 |
7. | Changes in ownership or operational control of a facility, unless the procedures of part (9)(b)3 of this rule are approved by the Commissioner and followed. | 2 |
8. | Changes to remove permit conditions that are no longer applicable (i.e., because the standards upon which they are based are no longer applicable to the facility). | 11 |
9. | Changes to remove permit conditions applicable to a unit excluded under the provisions of subparagraph (1)(d) of Rule 0400-12-01-.02. | 11 |
10. | Changes in the expiration date of a permit issued to a facility at which all units are excluded under the provisions of subparagraph (1)(d) of Rule 0400-12-01-.02. | 11 |
(b) General Facility Standards | ||
1. | Changes to waste sampling or analysis methods: | |
(i) To conform with agency guidance or regulations. | 1 | |
(ii) To incorporate changes associated with F039 (multi-source leachate) sampling or analysis methods. | 11 | |
(iii) To incorporate changes associated with underlying hazardous constituents in ignitable or corrosive wastes. | 11 | |
(iv) Other changes. | 2 | |
2. | Changes to analytical quality assurance/control plan: | |
(i) To conform with agency guidance or regulations. | 1 | |
(ii) Other changes. | 2 | |
3. | Changes in procedures for maintaining the operating record. | 1 |
4. | Changes in frequency or content of inspection schedules. | 2 |
5. | Changes in the training plan: | |
(i) That affect the type or decrease the amount of training given to employees. | 2 | |
(ii) Other changes. | 1 | |
6. | Contingency plan: | |
(i) Changes in emergency procedures (i.e., spill or release response procedures). | 2 | |
(ii) Replacement with functionally equivalent equipment, upgrade, or relocate emergency equipment listed. | 1 | |
(iii) Removal of equipment from emergency equipment list. | 2 | |
(iv) Changes in name, address, or phone number of coordinators or other persons or agencies identified in the plan. | 1 | |
7. | Construction quality assurance plan: | |
(i) Changes that the CQA officer certifies in the operating record will provide equivalent or better certainty that the unit components meet the design specifications. | 1 | |
(ii) Other changes (Note: When a permit modification (such as introduction of a new unit) requires a change in facility plans or other general facility standards, that change shall be reviewed under the same procedures as the permit modification.) | 2 | |
(c) Ground-Water Protection | ||
1. | Changes to wells: | |
(i) Changes in the number, location, depth, or design of upgradient or downgradient wells of permitted ground-water monitoring system. | 2 | |
(ii) Replacement of an existing well that has been damaged or rendered inoperable, without change to location, design, or depth of the well. | 1 | |
2. | Changes in ground-water sampling or analysis procedures or monitoring schedule, with prior approval of the Commissioner. | 11 |
3. | Changes in statistical procedure for determining whether a statistically significant change in ground-water quality between upgradient and downgradient wells has occurred, with prior approval of the Commissioner. | 11 |
4. | Changes in point of compliance. | 2 |
5. | Changes in indicator parameters, hazardous constituents, or concentration limits (including ACLs): | |
(i) As specified in the groundwater protection standard. | 3 | |
(ii) As specified in the detection monitoring program. | 2 | |
6. | Changes to a detection monitoring program as required by Rule 0400-12-01-.06(6)(i) 8 unless otherwise specified in this appendix. | 2 |
7. | Compliance monitoring program: | |
(i) Addition of compliance monitoring program as required by subpart (6)(i)7(iv) and subparagraph (6)(j) of Rule 0400-12-01-.06. | 3 | |
(ii) Changes to a compliance monitoring program as required by part (6)(j)10 of Rule 0400-12-01-.06, unless otherwise specified in this appendix. | 2 | |
8. | Corrective action program: | |
(i) Addition of a corrective action program as required by subpart (6)(j)8(ii) and subparagraph (6)(k) of Rule 0400-12-01-.06. | 3 | |
(ii) Changes to a corrective action program as required by Rule 0400-12-01-.06(6)(k) 8, unless otherwise specified in this appendix. | 2 | |
(d) Closure | ||
1. | Changes to the closure plan: | |
(i) Changes in estimate of maximum extent of operations or maximum inventory of waste on-site at any time during the active life of the facility, with prior approval of the Commissioner. | 11 | |
(ii) Changes in the closure schedule for any unit, changes in the final closure schedule for the facility, or extension of the closure period, with prior approval of the Commissioner. | 11 | |
(iii) Changes in the expected year of final closure, where other permit conditions are not changed, with prior approval of the Commissioner. | 11 | |
(iv) Changes in procedures for decontamination of facility equipment or structures, with prior approval of the Commissioner. | 11 | |
(v) Changes in approved closure plan resulting from unexpected events occurring during partial or final closure, unless otherwise specified in this appendix. | 2 | |
(vi) Extension of the closure period to allow a landfill, surface impoundment or land treatment unit to receive non-hazardous wastes after final receipt of hazardous wastes under Rules 0400-12-01-.06(7)(d) 4 and 5. | 2 | |
2. | Creation of a new landfill unit as part of closure. | 3 |
3. | Addition of the following new units to be used temporarily for closure activities: | |
(i) Surface impoundments. | 3 | |
(ii) Incinerators. | 3 | |
(iii) Waste piles that do not comply with Rule 0400-12-01-.06(12)(a) 3. | 3 | |
(iv) Waste piles that comply with Rule 0400-12-01-.06(12)(a) 3. | 2 | |
(v) Tanks or containers (other than specified below). | 2 | |
(vi) Tanks used for neutralization, dewatering, phase separation, or component separation, with prior approval of the Commissioner. | 11 | |
(vii) Staging piles | 2 | |
(e) Post-Closure | ||
1. Changes in name, address, or phone number of contact in post-closure plan. | 1 | |
2. Extension of post-closure care period. | 2 | |
3. Reduction in the post-closure care period. | 3 | |
4. Changes to the expected year of final closure, where other permit conditions are not changed. | 1 | |
5. Changes in post-closure plan necessitated by events occurring during the active life of the facility, including partial and final closure. | 2 | |
(f) Containers | ||
1. | Modification or addition of container units: | |
(i) Resulting in greater than 25% increase in the facility's container storage capacity, except as provided in (f)1(iii) and (f)4(i) below. | 3 | |
(ii) Resulting in up to 25% increase in the facility's container storage capacity, except as provided in (f)1(iii) and (f)4(i) below. | 2 | |
(iii) Or treatment processes necessary to treat wastes that are restricted from land disposal to meet some or all of the applicable treatment standards with prior approval of the Commissioner. This modification may also involve addition of new waste codes or narrative descriptions of wastes. It is not applicable to dioxincontaining wastes (F020, 021, 022, 023, 026, 027, and 028). | 11 | |
2. | (i) Modification of a container unit without increasing the capacity of the unit. | 2 |
(ii) Addition of a roof to a container unit without alteration of the containment system. | 1 | |
3. | Storage of different wastes in containers, except as provided in (f)4 below: | |
(i) That require additional or different management practices from those authorized in the permit. | 3 | |
(ii) That do not require additional or different management practices from those authorized in the permit. | 2 | |
(Note: See subpart (9)(c)5(vii) of this rule for modification procedures to be used for the management of newly listed or identified wastes.) | ||
4. | Storage or treatment of different wastes in containers: | |
(i) That require addition of units or change in treatment process or management standards, provided that the wastes are restricted from land disposal and are to be treated to meet some or all of the applicable treatment standards. This modification is not applicable to dioxin-containing wastes (F020, 021, 022, 023, 026, 027, and 028). | 11 | |
(ii) That do not require the addition of units or a change in the treatment process or management standards, and provided that the units have previously received wastes of the same type (e.g., incinerator scrubber water). This modification is not applicable to dioxin-containing wastes (F020, 021, 022, 023, 026, 027, and 028). | 1 | |
(g) Tanks | ||
1. | (i) Modification or addition of tank units resulting in greater than 25% increase in the facility's tank capacity, except as provided in (g)1(iii), (g)1(iv), and (g)1(v) below. | 3 |
(ii) Modification or addition of tank units resulting in up to 25% increase in the facility's tank capacity, except as provided in (g)1(iv) and (g)1(v) below. | 2 | |
(iii) Addition of a new tank that will operate for more than 90 days using any of the following physical or chemical treatment technologies: neutralization, dewatering, phase separation, or component separation. | 2 | |
(iv) After prior approval of the Commissioner, addition of a new tank that will operate for up to 90 days using any of the following physical or chemical treatment technologies: neutralization, dewatering, phase separation, or component separation. | 11 | |
(v) Modification or addition of tank units or treatment processes necessary to treat wastes that are restricted from land disposal to meet some or all of the applicable treatment standards with prior approval of the Commissioner. This modification may also involve addition of new waste codes. It is not applicable to dioxin-containing wastes (F020, 021, 022, 023, 026, 027, and 028). | 11 | |
2. | Modification of a tank unit or secondary containment system without increasing the capacity of the unit. | 2 |
3. | Replacement of a tank with a tank that meets the same design standards and has a capacity within +/- 10% of the replaced tank provided: -- The capacity difference is no more than 1500 gallons, -- The facility's permitted tank capacity is not increased, and -- The replacement tank meets the same conditions in the permit. | 1 |
4. | Modification of a tank management practice. | 2 |
5. | Management of different wastes in tanks: | |
(i) That require additional or different management practices, tank design, different fire protection specifications, or significantly different tank treatment process from that authorized in the permit, except as provided in (g)5(iii) below. | 3 | |
(ii) That do not require additional or different management practices, tank design, different fire protection specifications, or significantly different tank treatment process than authorized in the permit, except as provided in (g)5(iv). | 2 | |
(iii) That require addition of units or change in treatment processes or management standards, provided that the wastes are restricted from land disposal and are to be treated to meet some or all of the applicable treatment standards. The modification is not applicable to dioxin-containing wastes (F020, 021, 022, 023, 026, 027, and 028). | 11 | |
(iv) That do not require the addition of units or a change in the treatment process or management standards, and provided that the units have previously received wastes of the same type (e.g., incinerator scrubber water). This modification is not applicable to dioxin-containing wastes (F020, 021, 022, 023, 026, 027, and 028). | 1 | |
(Note: See subpart (9)(c)5(vii) of this rule for modification procedures to be used for the management of newly listed or identified wastes.) | ||
(h) Surface Impoundments | ||
1. | Modification or addition of surface impoundment units that result in increasing the facility's surface impoundment storage or treatment capacity. | 3 |
2. | Replacement of a surface impoundment unit. | 3 |
3. | Modification of a surface impoundment unit without increasing the facility's surface impoundment storage or treatment capacity and without modifying the unit's liner, leak detection system, or leachate collection system. | 2 |
4. | Modification of a surface impoundment management practice. | 2 |
5. | Treatment, storage, or disposal of different wastes in surface impoundments: | |
(i) That require additional or different management practices or different design of the liner or leak detection system than authorized in the permit. | 3 | |
(ii) That do not require additional or different management practices or different design of the liner or leak detection system than authorized in the permit | 2 | |
(iii) That are wastes restricted from land disposal that meet the applicable treatment standards, provided that the unit meets the minimum technological requirements stated in Rule 0400-12-01-.10(1)(e). This modification is not applicable to dioxin-containing wastes (F020, 021, 022, 023, 026, 027, and 028). | 1 | |
(iv) That are residues from wastewater treatment or incineration, provided that disposal occurs in a unit that meets the minimum technological requirements stated in Rule 0400-12-01-.10(1)(e), and provided further that the surface impoundment has previously received wastes of the same type (for example, incinerator scrubber water). This modification is not applicable to dioxin-containing wastes (F020, 021, 022, 023, 026, 027, and 028) | 1 | |
6. | Modifications of unconstructed units to comply with Rules 0400-12-01-.06(11)(b) 3, (11)(c), (11)(d) and (11)(g)4. | 11 |
7. | Changes in response action plan: | |
(i) Increase in action leakage rate | 3 | |
(ii) Change in a specific response reducing its frequency or effectiveness. | 3 | |
(iii) Other changes | 2 | |
(Note: See subpart (9)(c)5(vii) of this rule for modification procedures to be used for the management of newly listed or identified wastes.) | ||
(i) Enclosed Waste Piles | ||
For all waste piles except those complying with Rule 0400-12-01-.06(12)(a) 3, modifications are treated the same as for a landfill. The following modifications are applicable only to waste piles complying with Rule 0400-12-01-.06(12)(a) 3. | ||
1. | Modification or addition of waste pile units: | |
(i) Resulting in greater than 25% increase in the facility's waste pile storage or treatment capacity. | 3 | |
(ii) Resulting in up to 25% increase in the facility's waste pile storage or treatment capacity. | 2 | |
2. | Modification of waste pile unit without increasing the capacity of the unit. | 2 |
3. | Replacement of a waste pile unit with another waste pile unit of the same design and capacity and meeting all waste pile conditions in the permit. | 1 |
4. | Modification of a waste pile management practice. | 2 |
5. | Storage or treatment of different wastes in waste piles: | |
(i) That require additional or different management practices or different design of the unit. | 3 | |
(ii) That do not require additional or different management practices or different design of the unit. | 2 | |
6. | Conversion of an enclosed waste pile to a containment building unit. | 2 |
(Note: See subpart (9)(c)5(vii) of this rule for modification procedures to be used for the management of newly listed or identified wastes.) | ||
(j) Landfills and Unenclosed Waste Piles | ||
1. | Modification or addition of landfill units that result in increasing the facility's disposal capacity. | 3 |
2. | Replacement of a landfill. | 3 |
3. | Addition or modification of a liner, leachate collection system, leachate detection system, run-off control, or final cover system. | 3 |
4. | Modification of a landfill unit without changing a liner, leachate collection system, leachate detection system, run-off control, or final cover system. | 2 |
5. | Modification of a landfill management practice. | 2 |
6. | Landfill different wastes: | |
(i) That require additional or different management practices, different design of the liner, leachate collection system, or leachate detection system. | 3 | |
(ii) That do not require additional or different management practices, different design of the liner, leachate collection system, or leachate detection system. | 2 | |
(iii) That are wastes restricted from land disposal that meet the applicable treatment standards, provided that the landfill unit meets the minimum technological requirements stated in Rule 0400-12-01-.10(1)(e). This modification is not applicable to dioxin-containing wastes (F020, 021, 022, 023, 026, 027, and 028). | 1 | |
(iv) That are residues from wastewater treatment or incineration, provided that disposal occurs in a landfill unit that meets the minimum technological requirements stated in Rule 0400-12-01-.10(1)(e), and provided further that the landfill has previously received wastes of the same type (for example, incinerator ash). This modification is not applicable to dioxin-containing wastes (F020, 021, 022, 023, 026, 027, and 028). | 1 | |
7. | Modifications of unconstructed units to comply with Rules 0400-12-01-.06(12)(b) 3, (12)(c),(12)(d), (12)(e)3, (14)(b)3, (14)(c), (14)(d)3, and (14)(e). | 11 |
8. | Changes in response action plan | |
(i) Increase in action leakage rate | 3 | |
(ii) Change in a specific response reducing its frequency or effectiveness | 3 | |
(iii) Other changes | 2 | |
(Note: See subpart (9)(c)5(vii) of this rule for modification procedures to be used for the management of newly listed or identified wastes.) | ||
(k) Land Treatment | ||
1. | Lateral expansion of or other modification of a land treatment unit to increase areal extent. | 3 |
2. | Modification of run-on control system. | 2 |
3. | Modify run-off control system. | 3 |
4. | Other modifications of land treatment unit component specifications or standards required in permit. | 2 |
5. | Management of different wastes in land treatment units: | |
(i) That require a change in permit operating conditions or unit design specifications. | 3 | |
(ii) That do not require a change in permit operating conditions or unit design specifications. | 2 | |
(Note: See subpart (9)(c)5(vii) of this rule for modification procedures to be used for the management of newly listed or identified wastes.) | ||
6. | Modification of a land treatment unit management practice to: | |
(i) Increase rate or change method of waste application. | 3 | |
(ii) Decrease rate of waste application. | 1 | |
7. | Modification of a land treatment unit management practice to change measures of pH or moisture content, or to enhance microbial or chemical reactions. | 2 |
8. | Modification of a land treatment unit management practice to grow food chain crops, to add to or replace existing permitted crops with different food chain crops, or to modify operating plans for distribution of animal feeds resulting from such crops. | 3 |
9. | Modification of operating practice due to detection of releases from the land treatment unit pursuant to Rule 0400-12-01-.06(13)(i) 7(ii). | 3 |
10. | Changes in the unsaturated zone monitoring system, resulting in a change to the location, depth, number of sampling points, or replace unsaturated zone monitoring devices or components of devices with devices or components that have specifications different from permit requirements. | 3 |
11. | Changes in the unsaturated zone monitoring system that do not result in a change to the location, depth, number of sampling points, or that replace unsaturated zone monitoring devices or components of devices with devices or components having specifications different from permit requirements. | 2 |
12. | Changes in background values for hazardous constituents in soil and soil-pore liquid. | 2 |
13. | Changes in sampling, analysis, or statistical procedure. | 2 |
14. | Changes in land treatment demonstration program prior to or during the demonstration. | 2 |
15. | Changes in any condition specified in the permit for a land treatment unit to reflect results of the land treatment demonstration, provided performance standards are met, and the Commissioner's prior approval has been received. | 11 |
16. | Changes 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, provided the conditions for the second demonstration are substantially the same as the conditions for the first demonstration and have received the prior approval of the Commissioner. | 11 |
17. | Changes 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, where the conditions for the second demonstration are not substantially the same as the conditions for the first demonstration. | 3 |
18. | Changes in vegetative cover requirements for closure. | 2 |
(l) Incinerators, Boilers, and Industrial Furnaces | ||
1. | Changes to increase by more than 25% any of the following limits authorized in the permit: A thermal feed rate limit, a feed stream feed rate limit, a chlorine/chloride feed rate limit, a metal feed rate limit, or an ash feed rate limit. The Commissioner will require a new trial burn to substantiate compliance with the regulatory performance standards unless this demonstration can be made through other means. | 3 |
2. | Changes to increase by up to 25% any of the following limits authorized in the permit: A thermal feed rate limit, a feedstream feed rate limit, a chlorine/chloride feed rate limit, a metal feed rate limit, or an ash feed rate limit. The Commissioner will require a new trial burn to substantiate compliance with the regulatory performance standards unless this demonstration can be made through other means. | 2 |
3. | Modification of an incinerator, boiler, or industrial furnace unit by changing the internal size or geometry of the primary or secondary combustion units, by adding a primary or secondary combustion unit, by substantially changing the design of any component used to remove HCl/Cl2, metals, or particulate from the combustion gases, or by changing other features of the incinerator, boiler, or industrial furnace that could affect its capability to meet the regulatory performance standards. The Commissioner will require a new trial burn to substantiate compliance with the regulatory performance standards unless this demonstration can be made through other means. | 3 |
4. | Modification of an incinerator, boiler, or industrial furnace unit in a manner that would not likely affect the capability of the unit to meet the regulatory performance standards but which would change the operating conditions or monitoring requirements specified in the permit. The Commissioner may require a new trial burn to demonstrate compliance with the regulatory performance standards. | 2 |
5. | Operating requirements. | |
(i) Modification of the limits specified in the permit for minimum or maximum combustion gas temperature, minimum combustion gas residence time, oxygen concentration in the secondary combustion chamber, flue gas carbon monoxide and hydrocarbon concentration, maximum temperature at the inlet to the particulate matter emission control system, or operating parameters for the air pollution control system. The Commissioner will require a new trial burn to substantiate compliance with the regulatory performance standards unless this demonstration can be made through other means. | 3 | |
(ii) Modification of any stack gas emission limits specified in the permit, or modification of any conditions in the permit concerning emergency shutdown or automatic waste feed cutoff procedures or controls. | 3 | |
(iii) Modification of any other operating condition or any inspection or recordkeeping requirement specified in the permit. | 2 | |
6. | Burning different wastes: | |
(i) If the waste contains a POHC that is more difficult to burn than authorized by the permit or if burning of the waste requires compliance with different regulatory performance standards than specified in the permit. The Commissioner will require a new trial burn to substantiate compliance with the regulatory performance standards unless this demonstration can be made through other means. | 3 | |
(ii) If the waste does not contain a POHC that is more difficult to burn than authorized by the permit and if burning of the waste does not require compliance with different regulatory performance standards than specified in the permit. | 2 | |
(Note: See subpart (9)(c)5(vii) of this rule for modification procedures to be used for the management of newly listed or identified wastes.) | ||
7. | Shakedown and trial burn: | |
(i) Modification of the trial burn plan or any of the permit conditions applicable during the shakedown period for determining operational readiness after construction, the trial burn period, or the period immediately following the trial burn. | 2 | |
(ii) Authorization of up to an additional 720 hours of waste burning during the shakedown period for determining operational readiness after construction, with the prior approval of the Commissioner. | 11 | |
(iii) Changes in the operating requirements set in the permit for conducting a trial burn, provided the change is minor and has received the prior approval of the Commissioner. | 11 | |
(iv) Changes in the ranges of the operating requirements set in the permit to reflect the results of the trial burn, provided the change is minor and has received the prior approval of the Commissioner. | 11 | |
8. | Substitution of an alternative type of nonhazardous waste fuel that is not specified in the permit. | 1 |
9. | Technology changes needed to meet standards under 40 CFR part 63 (Subpart EEE-National Emission Standards for Hazardous Air Pollutants From Hazardous Waste Combustors), provided the procedures of Rule 0400-12-01-.07(9)(c) 5(x) are followed. | 11 |
10. | Changes to RCRA permit provisions needed to support transition to 40 C.F.R. part 63 (subpart EEE-National Emission Standards for Hazardous Air Pollutants From Hazardous Waste Combustors) or an equivalent state analog, provided the procedures of subpart (9)(c)5(xi) of Rule 0400-12-01-.07 are followed. | 11 |
(m) Containment Buildings | ||
1. | Modification or addition of containment building units: | |
(i) Resulting in greater than 25% increase in the facility's containment building storage or treatment capacity. | 3 | |
(ii) Resulting in up to 25% increase in the facility's containment building storage or treatment capacity. | 2 | |
2. | Modification of a containment building unit or secondary containment system without increasing the capacity of the unit. | 2 |
3. | Replacement of a containment building with a containment building that meets the same design standards provided: | |
(i) The unit capacity is not increased. | 1 | |
(ii) The replacement containment building meets the same conditions in the permit. | 1 | |
4. | Modification of a containment building management practice. | 2 |
5. | Storage or treatment of different wastes in containment buildings: | |
(i) That require additional or different management practices. | 3 | |
(ii) That do not require additional or different management practices. | 2 | |
(n) Corrective Action | ||
1. | Approval of a corrective action management unit pursuant to Rule 0400-12-01-.06(22)(c). | 3 |
2. | Approval of a temporary unit or time extension for a temporary unit pursuant to Rule 0400-12-01-.06(22)(d). | 2 |
3. | Approval of a staging pile or staging pile operating term extension pursuant to Rule 0400-12-01-.06(22)(e). | 2 |
(o) Burden Reduction | ||
1. | (Reserved) | |
2. | Development of one contingency plan based on Integrated Contingency Plan Guidance pursuant to Rule 0400-12-01-.06(4)(c) 2. | 11 |
3. | Changes to recordkeeping and reporting requirements pursuant to Rules 0400-12-01-.06(4)(g) 9, (15)(d)1(ii), (31)(l)2(i), (31)(l)4, (31)(m)1(ii), (10)(g)6, (6)(k)7, and (7)(d)5(v). | 1 |
4. | Changes to inspection frequency for tank systems pursuant to Rule 0400-12-01-.06(10)(f) 2. | 11 |
5. | Changes to detection and compliance monitoring program pursuant to Rules 0400-12-01-.06(6)(i) 4, (i)7(ii) and 7(iii), (j)6 and (j)7. | 1 |
FOOTNOTE: 1Class 1 Modifications requiring Agency prior approval.
FOOTNOTE: 2Appendix 1 is not limited to Permit Modification only but includes also modification of all documentation submitted to the Department.
(Note: Why is this paragraph written in a special format? [40 CFR 270.79]
This paragraph is written in a special format to make it easier to understand the regulatory requirements. Like other regulations, this establishes enforceable legal requirements. For this Paragraph, "I" and "you" refer to the owner/operator.)
The provisions of subparagraph (8)(g) of this rule apply to RAPs.
(Note: The provisions of subparagraph (8)(g)1 of this rule provide you assurance that, as long as you comply with your RAP, the Commissioner will consider you in compliance with Hazardous Waste Regulations, and will not take enforcement actions against you. However, you should be aware of four exceptions to this provision that are listed in subparagraph (8)(g) of this rule.)
To apply for a RAP, you must complete an application, sign it, and submit it to the Director according to the requirements in this paragraph.
When a facility or remediation waste management site is owned by one person, but the treatment, storage or disposal activities are operated by another person, it is the operator's duty to obtain a RAP, except that the owner must also sign the RAP application.
Both the owner and the operator must sign the RAP application and any required reports according to parts (2)(a)7, 8, and 9 of this rule. In the application, both the owner and the operator must also make the certification required under subpart (2)(a)10(i) of this rule. However, the owner may choose the alternative certification under subpart (2)(a)10(ii) of this rule if the operator certifies under subpart (2)(a)10(i) of this rule.
You must include the following information in your application for a RAP:
Rule 0400-12-01-.01(7) (Proprietary Information) allows you to claim as confidential any or all of the information you submit to the Director under this paragraph. You must assert any such claim at the time that you submit your RAP application or other submissions by stamping the words "confidential business information" on each page containing such information. If you do assert a claim at the time you submit the information, the Commissioner will treat the information according to the procedures in Rule 0400-12-01-.01(7) (Proprietary Information). If you do not assert a claim at the time you submit the information, the Commissioner may make the information available to the public without further notice to you. The Commissioner will deny any requests for confidentiality of your name and/or address.
You must submit your application for a RAP to the Director for approval.
If you submit your application for a RAP as a part of another document, you must clearly identify the components of that document that constitute your RAP application.
If the Commissioner prepares a draft RAP, it must include the:
Once the Commissioner has prepared the draft RAP or notice of intent to deny, he must then:
Your RAP becomes effective 30 days after the Commissioner notifies you and all commenters that your RAP is approved unless:
You must not begin physical construction of new units permitted under the RAP for treating, storing or disposing of hazardous remediation waste before receiving a finally effective RAP.
In your RAP, the Commissioner must specify, either directly or by reference, procedures for future modifications, revocations and reissuance, or terminations of your RAP. These procedures must provide adequate opportunities for public review and comment on any modification, revocation and reissuance, or termination that would significantly change your management of your remediation waste, or that otherwise merits public review and comment. If your RAP has been incorporated into a traditional Hazardous Waste permit, as allowed under subpart (a)6(iii) of this paragraph, then the RAP will be modified according to the applicable requirements in subparagraph (9)(b) of this rule, revoked and reissued according to the applicable requirements in subparagraphs (9)(c) and (d) of this rule, or terminated according to the applicable requirements of subparagraph (9)(d) of this rule.
The Commissioner may terminate your final RAP on his own initiative, or deny your renewal application for the same reasons as those listed for RAP modifications in item 6(i)(V) through (VII) of this subparagraph if the Commissioner determines that termination of your RAP or denial of your RAP renewal application is appropriate.
RAPs must be issued for a fixed term, not to exceed 10 years, although they may be renewed upon approval by the Commissioner in fixed increments of no more than ten years. In addition, the Commissioner must review any RAP for hazardous waste land disposal five years after the date of issuance or reissuance and you or the Commissioner must follow the requirements for modifying your RAP as necessary to assure that you continue to comply with currently applicable requirements in Hazardous Waste Rules § 68-212-107 and § 68-212-108.
If you wish to renew your expiring RAP, you must follow the process for application for and issuance of RAPs in this paragraph.
If you have submitted a timely and complete application for a RAP renewal, but the Commissioner, through no fault of yours, has not issued a new RAP with an effective date on or before the expiration date of your previous RAP, your previous RAP conditions continue in force until the effective date of your new RAP or RAP denial.
You are required to keep records of:
(Note: Sites located in political jurisdictions other than those listed in Appendix VI of Rule 0400-12-01-.06, are assumed to be in compliance with this requirement.
The owner or operator of a RCRA-permitted incinerator, cement kiln, lightweight aggregate kiln, sold fuel boiler, liquid fuel boiler, or hydrochloric acid production furnace may request that the Commissioner address permit conditions that minimize emissions from startup, shutdown, and malfunction events under any of the following options when requesting removal of permit conditions that are no longer applicable according to part (15)(a)2 of Rule 0400-12-01-.06 and part (8)(a)2 of Rule 0400-12-01-.09:
The owner or operator of an incinerator, cement kiln, lightweight aggregate kiln, solid fuel boiler, liquid fuel boiler, or hydrochloric acid production furnace that has conducted a comprehensive performance test and submitted to the Commissioner a Notification of Compliance documenting compliance with the standards of 40 C.F.R. part 63 subpart EEE or equivalent state analog may request in the application to reissue the permit for the combustion unit that the Commissioner control emissions from startup, shutdown, and malfunction events under any of the following options:
Under this option:
Under this option, the owner or operator continues to comply with the interim status emission standards and operating requirements of Rule 0400-12-01-.05 or Rule 0400-12-01-.09 relevant to control of emission from startup, shutdown, and malfunction events. Those standards and requirements apply only during startup, shutdown, and malfunction events; or
Under this option, the owner or operator is exempt from the interim status standards of Rule 0400-12-01-.05 or Rule 0400-12-01-.09 relevant to control of emissions of toxic compounds during startup, shutdown, and malfunction events upon submission of written notification and documentation to the Commissioner that the startup, shutdown, and malfunction plan required under 40 C.F.R. § 63.1206(c)(2) or equivalent state analog has been approved by the Commissioner under 40 C.F.R. § 63.1206(c)(2)(ii)(B) or equivalent state analog.
When an owner or operator of an incinerator, cement kiln, lightweight aggregate kiln, solid fuel boiler, liquid fuel boiler, or hydrochloric acid production furnace that is operating under the interim status standards of Rule 0400-12-01-.05 or Rule 0400-12-01-.09 submits a RCRA permit application, the owner or operator may request that the Commissioner control emissions from startup, shutdown, and malfunction events under any of the options provided by item 1(ii)(I), (II), or (III) of this subparagraph.
Hazardous waste incinerator, cement kiln, lightweight aggregate kiln, solid fuel boiler, liquid fuel boiler, or hydrochloric acid production furnace units that become subject to RCRA permit requirements after October 12, 2005, must control emissions of toxic compounds during startup, shutdown, and malfunction events under either of the following options:
Tenn. Comp. R. & Regs. 0400-12-01-.07
Authority: T.C.A. §§ 4-5-201, et seq., and 68-212-101, et seq.