06- 096 C.M.R. ch. 855, § 6 - Alteration of Hazardous Waste Facility

A hazardous waste facility for which an interim license has been applied for or issued may be altered only with the approval of the Board of Environmental Protection, under the following conditions:

A. After an owner or operator submits the form provided by the Department but before the interim license sought thereby has been issued, approval of an alteration must be applied for by submission of a revised form;
B. After an interim license for a hazardous waste facility has been issued, application for approval of an alteration to the facility must be made in writing, must describe in detail the alteration for which approval is sought and must explain the need for the alteration. Approval of a change in ownership or operational control of a facility must be sought no later than 90 days prior to the date on which the proposed change is to be made. Approval of other alterations must be sought no later than 30 days prior to the date on which the proposed alteration is to be made, except that where a licensee demonstrates that the alteration must be made because of an emergency condition, approval may be sought and granted on such shorter notice as the Department determines to be reasonable under the emergency condition. Except as provided below, the Board will not approve alterations to a waste facility during interim status which amount to reconstruction of the facility. "Reconstruction" means when the capital investment in the alterations to the facility exceeds fifty (50) percent of the capital cost of a comparable entirely new waste facility for hazardous waste.

NOTE: Alterations will be handled by the Board of Environmental Protection on a case-by-case basis and the Board reserves the right to apply a more stringent test than EPA's "reconstruction" test.

Approval of an amendment to an interim license may be granted if it meets the requirements of Sections 5(A) and 5(B) of this Chapter or the requirements of Section 5(C) of this Chapter as applicable and:

(1) It is necessary to prevent a threat to human health or the environment, because of an emergency situation, or
(2) It is necessary to comply with Federal regulations (including the interim status standards of this Chapter) or State or local laws.

After application and upon demonstration to the Department by a new owner or operator of compliance with all applicable interim standards, the Department may transfer the interim license to the new owner or operator; and

C. Any proposed new, replacement, or lateral expansion of a hazardous waste pile, landfill, or surface impoundment is subject to the licensing requirements of 06-096 C.M.R. ch. 854 and 06-096 C.M.R. ch. 856 as a new facility prior to construction or operation of such a facility.
D. If all other requirements of this Chapter are met, the following changes may be made even if they amount to reconstruction:
(1) Changes during closure of a facility or of a unit within a facility made in accordance with an approved closure plan.
(2) Changes necessary to comply with an interim status corrective action order issued by EPA under Section 3008(h) of RCRA or another federal authority, by the Board or the Department under comparable state authority, or by a court in a judicial proceeding brought by EPA or the State of Maine, provided that such changes are limited to the treatment, storage, or disposal of solid waste and hazardous waste from releases that originate within the boundary of the facility.


06- 096 C.M.R. ch. 855, § 6

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