CHAPTER IV QUALITY SERVICES § 373-3.1

SUBPART 373-3

INTERIM STATUS STANDARDS REGULATIONS FOR OWNERS AND

OPERATORS OF HAZARDOUS WASTE FACILITIES

Sec.

373~3.1 General

373-3.2 General facility standards

373-3.3 Preparedness and prevention

373-3.4 Contingency plan and emergency procedures

373-3.5 Manifest system, recordkeeping and reporting

373-3.6 Ground-water monitoring

373-3.7 Closure and post-closure

373-3.8 Financial requirements

373-3.9 Use and management of containers

373-3.10 Tank systems

373-3.11 Surface impoundments

373-3.12 Waste piles

373-3.13 Land treatment

373-3.14 Landfills

373-3.15 Incinerators

373-3.16 Thermal treatment

373-3.17 Chemical, physical and biological treatment

373-3.18 Underground injection

373-3.19-373-3.22 [Reserved]

373-3.23 Drip pads

373-3.24-373-3.26 [Reserved]

373-3.27 Air emission standards for process vents

373~ 3,28 Air emission standards for equipment leaks

373-3.29 Air emission standards for tanks, surface impoundments, and containers

373-3.30 Containment buildings

373~3.31 Hazardous waste munitions and explosives storage

Historical Note

Subpart (§§ 373-3.1 ~373-3.18) filed May 14, 1985 eff. 60 days after filing.

§ 373-3.1 General.

(a) Purpose, scope and applicability. (1) The purpose of this Subpart is to establish

minimum statewide standards that define the acceptable management of hazardous waste

during the period of interim status and until certification of final closure or, if the facility is

subject to post-closure requirements, until post-closure responsibilities are fulfilled.

(2) Except as provided in section 373-3.29(a)(2) of this Subpart, the standards in this

Subpart, and of section 373-2.19(a), (b) and (c) of this Part, apply to owners and operators of

facilities which treat, store or dispose of hazardous waste who have fully complied with the

requirements for interim status under section 373-1.3 of this Part, until final disposition of their

permit application is made, or until applicable Subpart 373~3 closure and post-closure responsibilities are fulfilled, and to those owners and operators of facilities in existence on November

19, 1980, who have failed to provide timely notification as required by Subpart 373~ 1 of this

Part and/or failed to file part A of the permit application as required by section 373-1.3(b), (d),

(e) and (i) of this Part. These standards apply to all treatment, storage or disposal of hazardous

waste at these facilities after November 19, 1980, except as specifically provided otherwise in

Part 371 of this Title.

Note: After the effective date of November 19, 1980, and as stated in Subpart

373-1 of this Part, the treatment, storage or disposal of hazardous waste

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§ 373-3.1 TITLE 6 ENVIRONMENTAL CONSERVAT10N

at a new facility is prohibited except in accordance with a permit or at

those facilities which qualify for interim status after this date.

(3) The requirements of this Subpart apply to a person disposing of hazardous waste by

means of ocean disposal, subject to a permit issued under the Marine Protection, Research, and

Sanctuaries Act, only to the extent they arc required by the exemption granted to such a person

under section 373-1.1(d) of this Part.

Note: These Subpart 373~3 regulations do apply to the treatment or storage of

hazardous waste before it is loaded onto an ocean vessel for incineration or disposal at sea.

(4) [Reserved]

(5) The requirements of this Subpart apply to a person whose facilities or portion of

facilities are exempted under section 373-1.1(d) of this Part only to the extent they are required

by an exemption granted to such a person under section 373-1.l(d).

(6) The requirements of this Subpart apply to those portions of a facility managing the

recyclable materials described in section 373-1.1 (g)(l)(iO and (iv) of this Part only to the extent

that requirements of this Subpart are referred to in sections 374-1.3, 374-1.6, 374-1.7 or

374-1.8 or Subpart 374-2 of this Title.

(7) The following hazardous wastes must not be managed at facilities subject to regulation

under this Subpart:

(i) EPA hazardous waste number F020, F021. F022. F023, F026 or F027 unless:

(a) the wastewater treatment sludge is generated in a surface impoundment as part of

the facility's wastewater treatment system;

(b) the waste is stored in tanks or containers;

(c) the waste is stored or treated in waste piles that meet the requirements of section

373-2.12(a)(3) of this Part as well as all other applicable requirements of section 373-3.12

of Ihis Subpart; _,

(d) the waste is burned in incinerators that are certified pursuant to the standards and

procedures in section 373-3.15(f) of this Subpart; or

(e) the waste is burned in facilities that thermally treat the waste in a device other than

an incinerator and that are certified pursuant to the standards and procedures in section

373-3.16(g) of this Subpart.

(8) The requirements of this Part apply to owners or operators of all facilities which treat,

store or dispose of hazardous waste referred to in Part 376 of this Title, and the Part 376

standards are considered material conditions or requirements of this Subpart.

(9) Universal waste handlers and transporters (as defined in section 370.2[b] of this Title)

are subject to regulation under Subpart 374-3 of this Title, when handling the below-listed

universal wastes:

(i) batteries as described in section 374-3.l(b) of this Title;

(ii) pesticides as described in section 374-3.1(c) of this Title;

(iii) thermostats as described in section 374-3. 1(d) of this Title; and

(iv) lamps as described in section 374-3.l(e) of this Title.

(10) Section 374-1.13(f) of this Title identifies when the requirements of this Subpart

apply to the storage of military munitions classified as solid waste under section 374-1.13(c) of

this Title. The treatment and disposal of hazardous waste military munitions are subject to the

applicable permitting, procedural, and technical standards in Parts 370 through Subpart 374-1

and Part 376 of this Title.

(b) Imminent hazard action. Notwithstanding any other provisions of these regulations,

enforcement actions may be brought pursuant to section 71-0301 of the EeL or section 7003 of

ReRA (see section 370.1[e] ofIhis Title).

Historical Note

Sec. filed May 14, 1985;amds. filed: May 2,1986; Dec. 2,1991; Nov. 15, 1994; Sept. 20,

1996;Sept. 29,1998; Jan. 14,2002 eff 60 days after filing. Amended(a)(2),(9).

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