Or. Admin. R. 340-105-0010 - General Application Requirements and Requirements Applicable to Existing Management Facilities
(1) The
requirements of sections (2), (3), (4), and (5) of this rule replace the
provisions of40 CFR 270.10(e)to270.10(i)regarding
application requirements.
(2)
Existing management facilities:
(a) Owners and
operators of existing hazardous waste management facilities that do not have a
permit must submit a Part A permit application to the Department within 30 days
after the effective date of statutory or regulatory changes under Oregon law
that render the facility subject to the requirement to have a permit. In
addition, persons receiving from off-site solid waste which by virtue of
federal or state statute or regulation becomes hazardous waste and who treat or
dispose of such waste shall comply with the applicable requirements in OAR 340,
divisions 100-106, 120, and40 CFR Parts 264and265,
and must receive a final permit before managing the waste;
(b) The Department may at any time require
the owner or operator of an existing management facility to submit Part B of
their permit application. The owner or operator shall be allowed at least six
months from the date of request to submit Part B of the application. Any owner
or operator of an existing management facility may voluntarily submit Part B of
the application at any time;
(c) An
owner or operator that has not submitted an acceptable Part A permit
application, or an acceptable Part B permit application when required to do so,
or does not operate in compliance with the regulations of40 CFR Part
265, or OAR 340, division 120, as required by this rule, shall be
subject to Department enforcement action including termination of the
facility's operation;
(d) If an
owner or operator of an existing management facility has filed a Part A permit
application but has not yet filed a Part B permit application, the owner or
operator shall file an amended Part A application:
(A) No later than 15 days after the effective
date of the adoption of rules listing or designating wastes as hazardous if the
facility is treating, storing or disposing of any of those newly listed or
designated wastes; or
(B) Prior to
any of the following actions at the facility :
(i) Treatment , storage or disposal of a new
hazardous waste not previously identified in Part A of the permit
application;
(ii) Increases in the
design capacity of processes used at a facility . The owner or operator must
submit a justification explaining the need for the increase based on the lack
of available treatment, storage or disposal capacity at other hazardous waste
management facilities, and receive Department approval before making such
increase;
(iii) Changes in the
processes for the treatment , storage or disposal of hazardous waste. The owner
or operator must submit a justification explaining that the change is needed
because:
(I) It is necessary to prevent a
threat to human health or the environment because of an emergency situation;
or
(II) It is necessary to comply
with the requirements of OAR 340, divisions 100 to 106 and 142. The owner or
operator must receive Department approval before making such
change.
(iv) Changes in
the ownership or operational control of a facility . The new owner or operator
must submit a revised Part A permit application no later than 90 days prior to
the scheduled change. When a transfer of ownership or operational control of a
facility occurs, the old owner or operator shall comply with the requirements
ofSubpart H of 40 CFR Part 265(financial requirements), until the
Department has released him in writing. The Department shall not release the
old owner or operator until the new owner or operator has demonstrated to the
Department that he is complying with that Subpart. All other duties required by
these rules are transferred effective immediately upon the date of the change
of ownership or operational control of the facility.
(e) In no event shall changes
which amount to reconstruction of the facility be made to an existing hazardous
waste manage-ment facility which has not been issued an effective RCRA permit.
Reconstruction occurs when the capital investment in the changes to the
facility exceeds fifty percent of the capital cost of a comparable, entirely
new hazardous waste management facility .
(3) New management facilities:
(a) No person shall begin physical
construction of a new management facility without having submitted Part A and B
of the permit application, complied with OAR 340, division 120, and having
received a finally effective hazardous waste permit;
(b) An application for a permit for a new
management facility (including both Part A and B) may be filed with the
Department any time after promulgation of those standards in OAR 340, division
104 applicable to such facility. All applications must be submitted at least
180 days before physical construction is expected to commence.
(4) Reapplication. Any 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 Department . (The Department shall not
grant permission for applications to be submitted later than the expiration
date of the existing permit.)
(5)
Recordkeeping. Applicants shall keep records of all data used to complete
permit applications and any supplemental information submitted under40
CFR
270.10(d),270.13,270.14through270.21for
a period of at least 3 years from the date the application is signed.
(6) The requirements of this section are
applicable to existing management facilities:
(a) An owner or operator of an existing
management facility that has not been issued a management facility permit shall
comply with the regulations of40 CFR, Part 265until final
administrative disposition of a permit is made;
(b) After September 1, 1985, and until final
administrative disposition of a permit under these rules is made, an owner or
operator of a management facility that has received a state-issued non-RCRA
permit shall comply with the regulations of40 CFR, Part 265in
those instances where a regulation exists and with the conditions of the permit
in those instances where a regulation does not exist.
(7) After final administrative disposition of
a permit is made, a management facility shall not treat, store or dispose of
hazardous waste without a permit issued in accordance with OAR 340, divisions
100 to 106.
Notes
Stat. Auth.: ORS 183, 459, 466.020, 466.075, 466.105, 466.195 & 468
Stats. Implemented: ORS 466.020, 466.095 & 466.105
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