Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - HAZARDOUS WASTE PROGRAM › Chapter 335-14-6 - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Section 335-14-6-.01 - General

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
Purpose, scope, and applicability
.
(a) The purpose of 335-14-6 is to establish
				minimum standards that define the acceptable management of hazardous waste
				during the effective term of interim status and until the certification of
				final closure or, if the facility is subject to post-closure requirements,
				until post-closure responsibilities are fulfilled.
(b) Except as provided in
				335-14-6-.29, the standards of
				335-14-6, and of
				335-14-5-.19 apply to owners and
				operators of facilities that treat, store, or dispose of hazardous waste who
				have fully complied with the requirements for interim status under Rule
				335-14-8-.07 until either a final
				facility permit is issued or until applicable 335-14-6 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 section 3010(a) of RCRA and/or failed to file Part
				A of the permit application as required by Rule
				335-14-8-.07. These standards
				apply to all treatment, storage, and disposal of hazardous waste at these
				facilities after the effective date of 335-14-6, except as specifically
				provided otherwise in 335-14-6 or 335-14-2.
Generators operating landfills, waste piles, or surface
				  impoundments or other land units without an AHWMMA Permit or interim status may
				  be required by the Department to comply with the requirements of
				  335-14-6-.06, but shall not be
				  granted interim status unless they otherwise qualify for interim status under
				  Division 335-14. These units shall be subject to the closure and post-closure
				  requirements of 335-14-5, except that closure and post-closure plans for these
				  units shall be processed according to the Administrative procedures of
				  335-14-6-.07.
(c) The requirements of 335-14-6 do not apply
				to:
1. [Reserved]
2. [Reserved]
3. [Reserved]
4. [Reserved]
5. The owner or operator of a facility
				permitted by the Department to manage municipal or industrial solid waste, if
				the only hazardous waste the facility treats, stores, or disposes of is
				excluded from regulation under 335-14-6 by
				335-14-3-.01(4);
6. The owner or operator of a facility
				managing recyclable materials described in
				335-14-2-.01(6)(a)2.,
				3. and 4. (except to the extent that requirements of 335-14-6 are referred to
				in 335-14-17 or Rules
				335-14-7-.03,
				335-14-7-.06,
				335-14-7-.07, or
				335-14-7-.08);
7. A generator accumulating waste on-site in
				compliance with
				335-14-3-.01(4) through
				(7) and
				335-14-3-.12 and
				335-14-3-.13, except to the
				extent the requirements of 335-14-6 are included in those rules;
8. A farmer disposing of waste pesticides
				from his own use in compliance with
				335-14-3-.07(1);
9. The owner or operator of a totally
				enclosed treatment facility, as defined in
				335-14-1-.02;
10. The owner or operator of an elementary
				neutralization unit or wastewater treatment unit as defined in
				335-14-1-.02, provided that if
				the owner or operator is diluting hazardous ignitable (D001) wastes [other than
				the D001 High TOC Subcategory defined in
				335-14-9-.04(1),
				Table "Treatment Standards for Hazardous Wastes"], or reactive (D003) waste, in
				order to remove the characteristic before land disposal, the owner/operator
				must comply with the requirements set out in
				335-14-6-.02(8)(b).
11.
(i)
				Except as provided
				335-14-6-.01(1)(c)11.(ii),
				a person engaged in treatment or containment activities during immediate
				response to any of the following situations:
(I) A discharge of 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.
(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) An owner or operator of a
				facility otherwise regulated by 335-14-6 must comply with all applicable
				requirements of
				335-14-6-.03 and
				335-14-6-.04.
(iii) Any person who is covered by
				335-14-6-.01(1)(c)11.(i)
				and who continues or initiates hazardous waste treatment or containment
				activities after the immediate response is over is subject to all applicable
				requirements of 335-14-6 and 335-14-8 for those activities.
(iv) In the case of an explosives or
				munitions emergency response, if a Federal, State of Alabama, Tribal or local
				official acting within the scope of his or her official responsibilities, or an
				explosives or munitions emergency response specialist, determines that
				immediate removal of the material or waste is necessary to protect human health
				or the environment, that official or specialist may authorize the removal of
				the material or waste by transporters who do not have EPA Identification
				numbers and without the preparation of a manifest. In the case of emergencies
				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.
12.
				[
Reserved
]
13. The addition of sorbent material to waste
				in a container or the addition of waste to sorbent material in a container,
				provided that these activities occur at the time waste is first placed in the
				container, and
				335-14-6-.02(8)
				and 335-14-6-.09(2) and
				(3) are complied with.
14. Universal waste handlers and universal
				waste transporters [as defined in
				335-14-1-.02] handling the wastes
				listed below. These handlers are subject to regulation under 335-14-11, when
				handling the below listed universal wastes.
(i) Batteries as Described in
				335-14-11-.01(2);
(ii) Pesticides as described in
				335-14-11-.01(3);
(iii) Thermostats 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-.02(6).
15. Reverse distributors
				accumulating potentially creditable hazardous waste pharmaceuticals and
				evaluated hazardous waste pharmaceuticals, as defined in
				335-14-1-.02. Reverse
				distributors are subject to regulation under
				335-14-7-.16 in lieu of 335-14-6
				for the accumulation of potentially creditable hazardous waste pharmaceuticals
				and evaluated hazardous waste pharmaceuticals.
(d) The following hazardous wastes must not
				be managed at facilities subject to regulation under 335-14-6.
1. EPA Hazardous Waste Nos. F020, F021, F022,
				F023, F026, or F027 unless:
(i) The
				wastewater treatment sludge is generated in a surface impoundment as part of
				the plant's wastewater treatment system;
(ii) The waste is stored in tanks or
				containers;
(iii) The waste is
				stored or treated in waste piles that meet the requirements of
				335-14-5-.12(1)(c)
				as well as all other applicable requirements of Rule
				335-14-6-.12;
(iv) The waste is burned in incinerators that
				are certified pursuant to the standards and procedures in
				335-14-6-.15(13);
				or
(v) 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
				335-14-6-.16(14).
(e) The requirements of
				335-14-6 apply to owners or operators of all facilities which treat, store, or
				dispose of hazardous waste referred to in 335-14-9, and 335-14-9 standards are
				considered material conditions or requirements of 335-14-6 interim status
				standards.
(f)335-14-7-.13(6)
				identifies when the requirements of
				335-14-6-.01 apply to the storage
				of military munitions classified as solid waste under
				335-14-7-.13(3).
				The treatment and disposal of hazardous waste military munitions are subject to
				the applicable permitting, procedural, and technical standards in 335-14-1
				through 335-14-9.