Sec. 335-14-8-.01 - General Information

§ 335-14-8-.01. General Information

(1) Purpose and scope.

(a) Coverage.

1. These permit regulations establish the procedures for obtaining a permit to transport, store, treat, or dispose of hazardous waste in compliance with the AHWMMA. The technical standards used to determine the requirements of any permit are set out in 335-14-3, 335-14-4, 335-14-5 and 335-14-7. These permit regulations also apply to the denial of a permit for the active life of an AHWMMA hazardous waste management facility or unit under 335-14-8-.02(20).

2. Unless they qualify for interim status under 335-14-8-.07, all owners and operators of hazardous waste treatment, storage, and disposal facilities and all transporters of hazardous waste must apply for and receive a permit from the Department before the construction of any facility or the transportation of any hazardous waste.

(b) [Reserved]

(c) Scope of the AHWMMA permit requirement. AHWMMA requires a permit for the "treatment", "storage", and "disposal" of any "hazardous waste" as identified or listed in 335-14-2. The terms "treatment", "storage", "disposal", and "hazardous waste" are defined in 335-14-1-.02. Owners and operators of hazardous waste management units must have permits during the active life (including the closure period) of the unit. Owners or operators of surface impoundments, landfills, land treatment units, and waste pile units that received wastes after July 26, 1982, or that certified closure (according to 335-14-6-.07(6)) after January 26, 1983, must have post-closure permits, unless they demonstrate closure by removal as provided under 335-14-8-.01(1)(c)5. and 6., or obtain an enforceable post-closure document, as provided under 335-14-8-.01(1) (c)7. If a post-closure permit is required, the permit must address applicable 335-14-5 requirements (Groundwater Monitoring, Unsaturated Zone Monitoring, Corrective Action, and Post-Closure Care). The denial of a permit for the active life of a hazardous waste management facility or unit does not affect the requirement to obtain a post-closure permit under 335-14-8-.01(1).

1. [Reserved]

2. Specific exclusions. The following persons are among those who are not required to obtain an AHWMMA permit:

(i) Generators who accumulate hazardous waste on-site in compliance with all of the conditions for exemption provided in 335-14-3-.01(4) through (7);

(ii) Farmers who dispose of hazardous waste pesticides from their own use as provided in 335-14-3-.07(1);

(iii) Persons who own or operate facilities solely for the treatment, storage or disposal of hazardous waste excluded from regulation under 335-14-8 by 335-14-2-.01(4) or 335-14-3-.01(4) (very small quantity generator exemption);

(iv) Owners or operators of totally enclosed treatment facilities as defined in 335-14-1-.02;

(v) Owners and operators of elementary neutralization units or wastewater treatment units as defined in 335-14-1-.02 which manage only wastes and/or wastewaters generated on-site, or which are POTWs or privatized municipal wastewater treatment facilities;

[Note: Commercial treatment, or treatment except by the generator, of wastes and/or wastewaters in elementary neutralization or wastewater treatment units are not exempt from the requirement to obtain an AHWMMA permit.]

(vi) Transporters storing manifested shipments of hazardous waste in containers meeting the requirements of 335-14-3-.03(1) at a transfer facility for a period of ten days or less are not required to obtain a storage facility permit but must have a transporter permit;

(vii) Persons adding absorbent material to waste in a container and persons adding waste to absorbent material in a container, provided that these actions occur at the time waste is first placed in the container, and 335-14-6-.02(8)(b) and 335-14-6-.09(2) and (3) are complied with;

(viii) Generators treating on-site generated hazardous wastes by evaporation in tanks or containers provided that:

(I) The generator complies with the applicable requirements of 335-14-3,

(II) Such treatment does not result in the emission or discharge of hazardous wastes or hazardous constituents into the environment in excess of any standard(s) promulgated by the Department or the Environmental Protection Agency,

(III) With respect to treatment, the generator complies with the applicable requirements of 335-14-6-.02(5), 335-14-6-.02(6), 335-14-6-.02(7), 335-14-6-.02(8), 335-14-6-.03, 335-14-6-.04, 335-14-6-.07(2), 335-14-6-.07(5), 335-14-6-.09 and 335-14-6-.10,

(IV) Such treatment minimizes the amount of hazardous wastes which are subsequently generated, treated, and/or disposed, and

(V) The generator provides the Department with written notice of intent to treat such hazardous wastes on or before the effective date of 335-14-8-.01 or at least 60 days prior to the initiation of waste treatment, which ever date occurs last. This notice must provide documentation of compliance with the requirements of 335-14-8-.01(1)(c)2.(viii) (II), (III), and (IV), and must be maintained for the life of the facility and be available for inspection;

(ix) Universal waste handlers and universal waste transporters [as defined in 335-14-1-.02] managing the wastes listed below. These handlers are subject to regulation under 335-14-11:

(I) Batteries as described in 335-14-11-.01(2),

(II) Pesticides as described in 335-14-11-.01(3),

(III) Mercury-containing equipment as described in 335-14-11-.01(4),

(IV) Lamps as described in 335-14-11-.01(5), and

(V) Aerosol cans as described in 335-14-11-.01(6).

(x) Generators treating on-site generated hazardous wastes in tanks or containers by physical or mechanical processes (e.g., compacting rags, crushing fluorescent lamps) solely for the purpose of reducing the bulk volume of the waste which must be subsequently managed as a hazardous waste provided that:

(I) The generator complies with the applicable requirements of 335-14-3;

(II) The treatment process does not result in a change in the chemical composition of the waste(s) treated;

(III) No mixing of different waste streams occurs;

(IV) No free liquids are included in the waste(s) to be treated or generated by the treatment process;

(V) The potential for ignition and/or reaction of the waste during treatment and/or as the result of treatment does not exist;

(VI) The treatment reduces the volume of hazardous waste which must be subsequently managed;

(VII) Such treatment does not result in the emission or discharge of hazardous wastes or hazardous constituents into the environment in excess of any standard(s) promulgated by the Department, the Environmental Protection Agency, or the Occupational Safety and Health Administration (OSHA). Generators treating on-site generated hazardous wastes in fluorescent bulb/lamp units must maintain the following documents on-site:

I. A copy of the manufacturer's equipment operations manual and specifications;

II. A copy of all applicable equipment operation and maintenance records;

III. A copy of all applicable OSHA compliance demonstrations and records: and

IV. Documents/records demonstrating emissions compliance.

(VIII) With respect to treatment, the generator complies with the applicable requirements of 335-14-6-.02(5), 335-14-6-.02(6), 335-14-6-.02(7), 335-14-6-.02(8), 335-14-6-.03, 335-14-6-.04, 335-14-6-.07(2), 335-14-6-.07(5), 335-14-6-.09, 335-14-6-.10; and

(IX) The generator provides the Department with written notice of intent to treat such hazardous wastes on or before the effective date of 335-14-8-.01 or at least 60 days prior to the initiation of waste treatment, whichever date occurs last. This notice must provide documentation of compliance with the requirements of 335-14-8-.01(1)(c)2.(x)(II), (III), (IV), (V), (VI), (VII), and (VIII), and must be maintained for the life of the facility and be available for inspection.

(xi) Persons deploying intact airbag modules and seatbelt pretensioners provided that:

(I) Prior to treatment, the items are managed in accordance with all applicable requirements of Division 335-14; and

(II) The items are deployed using a method approved by the automotive industry or the manufacturer.

(xii) Reverse distributors accumulating potentially creditable hazardous waste pharmaceuticals and evaluated hazardous waste pharmaceuticals, as defined 335-14-1-.02(1). Reverse distributors are subject to regulation under 335-14-7-.16 for the accumulation of potentially creditable hazardous waste pharmaceuticals and evaluated hazardous waste pharmaceuticals.

3. Further exclusions.

(i) A person is not required to obtain a permit under 335-14-8 for treatment or containment activities taken during immediate response to any of the following situations:

(I) A discharge of a hazardous waste;

(II) An imminent and substantial threat of a discharge of hazardous waste;

(III) A discharge of a material which, when discharged, becomes a hazardous waste; or

(IV) An immediate threat to human health, public safety, property, or the environment from the known or suspected presence of military munitions, other explosive material, or an explosive device, as determined by an explosive or munitions emergency response specialist as defined in 335-14-1-.02.

(ii) Transporters are not required to obtain a permit in accordance with 335-14-8 in order to provide emergency transportation from cleanup of a discharge under 335-14-8-.01(1) (c)3(i).

(iii) In the case of emergency responses involving military munitions, the responding military emergency response specialist's organizational unit must retain records for three years identifying the dates of the response, the responsible persons responding, the type and description of material addressed, and its disposition.

(iv) Any person who continues or initiates hazardous waste treatment, containment or transportation activities after the immediate response is over is subject to all applicable requirements of 335-14-8 for those activities.

(v) A person who receives hazardous waste from off-site for the purpose of reclamation/recycling in a unit or process which is exempted from regulation pursuant to 335-14-2-.01(6) is not required to obtain a permit under 335-14-8 for storage of the waste prior to introduction into the exempt reclamation/recycling process provided that:

(I) The hazardous waste is introduced into the exempt process within three days of receipt at the facility; and

(II) The hazardous waste is managed in containers, tanks, or containment buildings and the owner/operator complies with all applicable requirements of 335-14-6-.02, 335-14-6-.03, 335-14-6-.04, 335-14-6-.05, 335-14-6-.07(2), 335-14-6-.07(5), 335-14-6-.09, 335-14-6-.10, 335-14-6-.27, 335-14-6-.28, 335-14-6-.29, and 335-14-6-.30.

4. Permits for less than an entire facility. The Department may issue or deny a permit for one or more units at a facility without simultaneously issuing or denying a permit to all of the units at the facility. The Department may issue or deny a permit for a particular unit(s) at a facility without affecting the interim status permit(s) for other units at the facility.

5. Closure by removal. Owners/operators of surface impoundments, land treatment units, and waste piles closing by removal or decontamination under 335-14-6 standards must obtain a post-closure permit unless they can demonstrate to the Department that the closure met the standards for closure by removal or decontamination in 335-14-5-.11(9), 335-14-5-.13(11) (e), or 335-14-5-.12(9), respectively. The demonstration may be made in the following ways:

(i) If the owner/operator has submitted a Part B application for a post-closure permit, the owner/operator may request a determination, based on information contained in the application, that 335-14-5 closure by removal standards were met. If the Department believes that 335-14-5 standards were met, the Department will notify the public of this proposed decision, allow for public comment, and reach a final determination according to the procedures in 335-14-8-.01(1) (c)6.

(ii) If the owner/operator has not submitted a Part B application for a post-closure permit, the owner/operator may petition the Department for a determination that a post-closure permit is not required because the closure met the applicable 335-14-5 closure standards.

(I) The petition must include data demonstrating that closure by removal or decontamination standards were met or exceeded under the applicable 335-14-5 closure-by-removal standard.

(II) The Department shall approve or deny the petition according to the procedures outlined in 335-14-8-.01(1) (c)6.

6. Procedures for closure equivalency determination.

(i) If a facility owner/operator seeks an equivalency demonstration under 335-14-8-.01(1)(c)5., the Department will provide the public, through a newspaper notice, the opportunity to submit written comments on the information submitted by the owner/operator within 30 days from the date of the notice. The Department will also, in response to a request or at its own discretion, hold a public hearing whenever such a hearing might clarify one or more issues concerning the equivalence of the 335-14-6 closure to a 335-14-5 closure. The Department will give public notice of the hearing at least 30 days before it occurs. (Public notice of the hearing may be given at the same time as notice of the opportunity for the public to submit written comments, and the two notices may be combined.)

(ii) The Department will determine whether the Chapter 335-14-6 closure met 335-14-5 closure by removal or decontamination requirements within 90 days of its receipt. If the Department finds that the closure did not meet the applicable 335-14-5 standards, it will provide the owner/operator with a written statement of the reasons why the closure failed to meet 335-14-5 standards. The owner/operator may submit additional information in support of an equivalency demonstration within 30 days after receiving such written statement. The Department will review any additional information submitted and make a final determination within 60 days.

(iii) If the Department determines that the facility did not close in accordance with 335-14-5 closure by removal standards, the facility is subject to post-closure permitting requirements.

7. Enforceable documents for post-closure care. At the Department's discretion, an owner or operator may obtain, an enforceable document for post-closure care imposing the requirements of 335-14-6-.07(12). "Enforceable document" means an order, a plan, or other document issued, or approved, by EPA or the Department under an authority that meets the requirements of 40 CFR 271.16(e) including, but not limited to, a corrective action order issued by EPA or the Department under section 3008(h) of RCRA, a CERCLA remedial action, or a closure or post-closure plan.

(2) [Reserved]

(3) Considerations under federal law. The following is a list of Federal laws that may apply to the issuance of permits under these Rules. When any of these laws is applicable, its procedures must be followed. When the applicable law requires consideration or adoption of particular permit conditions or requires the denial of a permit, those requirements also must be followed:

(a) The Wild and Scenic Rivers Act, 16 U.S.C. 1273 et seq.

(b) The National Historic Preservation Act of 1966, 16 U.S.C. 470 et seq.

(c) The Endangered Species Act, 16 U.S.C. 1531 et seq.

(d) The Coastal Zone Management Act, 16 U.S.C. 661 et seq.

(4) Effect of permit.

(a)

1. Compliance with an AHWMMA permit during its term constitutes compliance, for purposes of enforcement, with Subtitle C of RCRA except for those requirements not included in the permit which:

(i) Become effective by statute;

(ii) Are promulgated under 335-14-9 restricting the placement of hazardous wastes in or on the land;

(iii) Are promulgated under 335-14-5 regarding leak detection systems for new and replacement surface impoundment, waste pile, and landfill units and lateral expansions of surface impoundment, waste pile, and landfill units. The leak detection system requirements include double liners, CQA programs, monitoring, action leakage rates, and response action plans, and will be implemented through the procedures of 335-14-8-.04; or

(iv) Are promulgated under 335-14-6-.27 or 335-14-6-.28 limiting air emissions.

2. A permit may be modified, revoked and reissued, or terminated during its term for cause as set forth in 335-14-8-.04(2) and 335-14-8-.04(4), or the permit may be modified up on the request of the permittee as set forth in 335-14-8-.04(2) (a)3. (ii).

(b) The issuance of a permit does not convey any property rights of any sort, or any exclusive privilege.

(c) The issuance of a permit does not authorize any injury to persons or property or invasion of other private rights, or any infringement of Federal, State of Alabama or local laws or regulations.

(5) Effect of non-compliance.

(a) Substantial non-compliance, as determined by the Department, of another facility within the State of Alabama owned or operated by the permittee requesting reissuance of a permit, will be grounds for denial of permit reissuance until such non-compliance is corrected.

(b) A determination may be made by the Department to deny a permit application if the applicant operates other permitted facilities within the State of Alabama which are in substantial non-compliance, as determined by the Department, until such non-compliance is corrected or if the Department determines that a permit that results in compliance with applicable hazardous waste standards could not be issued or, if issued, could not be complied with.

(July 19, 1982. Amended: April 9, 1986; September 29, 1986; August 24, 198 9; December 6, 1990; January 25, 1992; January 1, 1993. Amended: Filed: November 30, 1994; effective January 5, 1995. Amended: Filed December 8, 1995; effective January 12, 1996. Amended: Filed February 2, 1996; effective March 8, 1996. Amended: Filed February 21, 1997; effective March 28, 1997. Amended: Filed February 20, 1998; effective March 27, 1998. Amended: Filed February 25, 2000; effective March 31, 2000. Amended: Filed March 9, 2001; effective April 13, 2001. Amended: Filed February 8, 2002; effective March 15, 2002. Amended: Filed March 13, 2003; effective April 17, 2003. Amended: Filed February 24, 2005; effective March 31, 2005. Amended: Filed February 28, 2006; effective April 4, 2006. Amended: Filed February 27, 2007; effective April 3, 2007. Amended: Filed April 22, 2008; effective May 27, 2008. Amended: Filed February 23, 2011; effective March 30, 2011. Amended: Filed February 28, 2012; effective April 3, 2012. Amended by Alabama Administrative Monthly Volume XXXVI, Issue No. 05, February 28, 2018, eff. April 7, 2018. Amended by Alabama Administrative Monthly Volume XXXVIII, Issue No. 05, February 28, 2020, eff. April 13, 2020. Amended by Alabama Administrative Monthly Volume XXXIX, Issue No. 03, December 31, 2020, eff. February 14, 2021.)

Authors: Stephen C. Maurer; Stephen A. Cobb; Michael B. Jones; Michael Champion; Amy P. Zachry, C. Edwin Johnston, Vernon C. Crockett, Bradley N. Curvin, Heather M. Jones, Jonah L. Harris, Theresa A. Maines, Heather M. Jones, James K. Burgess, Sonja B. Favors, Brent A. Watson; Brent A. Watson

Statutory Authority: Code of Ala. 1975, §§ 22-30-11, 22-30-12.

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