California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 45 - Requirements for Units and Facilities Deemed to Have a Permit by Rule › Article 1 - Permit by Rule › Section 67450.3 - Requirements Applicable to Fixed and Transportable Treatment Units Deemed to Have a Permit by Rule

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  owner or operator of a transportable treatment unit (TTU) deemed to hold a
				  permit by rule pursuant to section
				  67450.2(a) shall
				  do all of the following:
(1) Submit, in
				  person or by certified mail with return receipt requested, four (4) complete
				  annual Transportable Treatment Unit (TTU) Permit by Rule/Conditional Exemption
				  Unit-Specific Notifications (DTSC Form 1199, (1/96)) to the Department at the
				  address specified in section
				  67450.2(a)(1), by
				  March 1 of each year following the year in which the initial unit-specific
				  notifications required by section
				  67450.2(a)(1) are
				  submitted unless the Department notifies the owner or operator, in writing, of
				  an alternate submittal date. Each annual notification shall be completed, dated
				  and signed according to the requirements of section
				  66270.11 as those requirements
				  apply to permit applications and shall contain all of the information specified
				  in section
				  67450.2(a)(2).
(2) Submit, in person or by certified mail
				  with return receipt requested, four (4) complete amended TTU Permit by
				  Rule/Conditional Exemption Unit-Specific Notifications (DTSC Form 1197, (1/96))
				  to the Department at the address specified in section
				  67450.2(a)(1),
				  within thirty (30) days of any change to the information contained in the most
				  recent unit-specific notification. Each amended notification shall be
				  completed, dated and signed according to the requirements of section
				  66270.11 as those requirements
				  apply to permit applications and shall contain all of the information specified
				  in section
				  67450.2(a)(2).
(3) Submit, in person or by certified mail
				  with return receipt requested, a Transportable Treatment Unit (TTU) Permit by
				  Rule Site-Specific Notification (DTSC Form 1197 (1/96)) to the Department at
				  the address specified in section
				  67450.2(a)(1) for
				  each site where the TTU will perform treatment. The site-specific notification
				  shall be submitted at least twenty-one (21) days prior to each site visit. Upon
				  good cause shown by the owner or operator, the Department shall shorten the
				  notification period. Each site-specific notification shall be completed, dated
				  and signed according to the requirements of section
				  66270.11 as those requirements
				  apply to permit applications, and shall contain all of the following:
(A) The name, physical address and telephone
				  number of the owner and operator, if different, the mailing address of the
				  owner and operator, if different, the TTU serial number, owner or operator
				  identification number and Board of Equalization account number, site or
				  facility name, address or legal description of the site or facility location,
				  site or facility identification number, site or facility contact person(s) and
				  telephone number(s), the information required by section
				  66270.13(c),
				  identification of the influent waste(s), identification of the type of business
				  generating waste(s) to be treated by the TTU, a plot plan detailing where the
				  hazardous waste treatment will occur, the anticipated time periods(s) the unit
				  will be at the site or facility, the anticipated date(s) and hour(s) the unit
				  will be in operation, a description of the hazardous waste(s) to be treated,
				  and an estimate of the quantity or volume of hazardous waste(s) to be treated,
				  an estimate of the quantity or volume of treatment effluents or residuals that
				  will be discharged to a POTW, an estimate of the volume or quantity of
				  treatment effluents or residuals that will not be discharged to a POTW, an
				  explanation of how all treatment effluents or residuals will be managed, and
				  the basis for determining that a hazardous waste facility permit is not
				  required under the federal act.
(B)
				  A certification, signed by the owner or operator, specifying the local
				  authorities that have been notified of the intended date(s) of operation. At a
				  minimum, the owner or operator shall notify the Certified Unified Program
				  Agency (CUPA) or authorized agency, the agency operating the POTW, if the
				  treatment results in discharge to a POTW, and any other agency that requires
				  notification for the operation of the TTU at that site or facility;
(C) A copy of any local Air District permit
				  and other permits required for the operation of the TTU;
(D) Documentation that the property owner, if
				  different from the facility operator, has been notified of the operation of the
				  TTU;
(E) The certifications
				  specified in sections
				  66262.45 and
				  66264.175(c), if
				  applicable; and
(F) The
				  documentation specified in section
				  67450.7, if
				  applicable.
(4) Submit,
				  in person or by certified mail with return receipt requested, an amended TTU
				  Permit by Rule Site-Specific Notification (DTSC Form 1197, (1/96)) to the
				  Department at the address specified in section
				  67450.2(a)(1)
				  whenever there is any change to information contained in the preceding
				  Site-Specific Notification for the site or facility where the TTU is operating
				  or proposing to operate. An amended notification shall not be required when the
				  change to information contained in a preceding notification is limited to a
				  change in the period of operation specified pursuant to subsection (a)(3)(A) of
				  this section and the Department has granted an extension pursuant to subsection
				  (a)(8)(A) or (a)(8)(B) of this section. Each amended notification submitted
				  pursuant to this subsection shall be completed, dated and signed according to
				  the requirements of section
				  66270.11 as those requirements
				  apply to permit applications and shall contain all of the information specified
				  in subsection (a)(3) of this section.
(5) Submit the notification fee required by
				  Health and Safety Code section
				  25205.14.
				  Each TTU owner or operator who is required to submit a notification to the
				  Department pursuant to this section shall pay 100 percent of the initial
				  notification fee established by Health and Safety Code section
				  25205.14,
				  for each notification required pursuant to subsection (a)(1) of this section
				  within thirty (30) days after the date the fee is assessed by the Board of
				  Equalization as specified in Revenue and Taxation Code section
				  43152.10.
				  For purposes of fee assessment each set of notifications required by
				  subsections (a)(1) and (a)(2) of this section shall be considered a single
				  notification.
(6) Restrict
				  treatment to those processes and wastes listed in section
				  67450.11;
(7) Discharge any effluent or treatment
				  residual as follows:
(A) To a publicly owned
				  treatment works (POTW) in accordance with all applicable industrial waste
				  discharge requirements issued by the agency operating the POTW. Hazardous
				  wastes shall not be discharged to a POTW unless the POTW is authorized to
				  receive the hazardous waste and the discharge of hazardous waste is
				  specifically approved in writing by the agency operating the POTW. The facility
				  owner or operator shall inform the agency operating the POTW of the time,
				  volume, content, characteristics and point of the discharge; or
(B) In accordance with waste discharge
				  requirements issued by a Regional Water Quality Control Board; or a National
				  Pollutant Discharge Elimination System (NPDES) permit; or
(C) To a treatment, storage or disposal
				  facility authorized to receive the waste; or
(D) In accordance with any other applicable
				  state law allowing alternative disposition of the effluent or treatment
				  residual.
(8) Treat only
				  waste which is generated onsite. A residual material from treatment of a
				  hazardous waste generated offsite is not a waste that has been generated
				  onsite. Limit the operation of the TTU as specified in subsection (a)(8)(A) or
				  subsection (a)(8)(B) of this section.
(A)
				  TTUs may be stationed and operated at an on-site facility, or at an off-site
				  facility if the following conditions are met:
1. TTUs shall not be operated at any single
				  on-site or off-site facility for more than one year. Upon good cause shown by
				  the owner or operator, the Department shall grant up to two extensions, of six
				  months duration, to the period of operation specified pursuant to subsection
				  (a)(3)(A) of this section.
2. A TTU
				  operating under a permit by rule shall only treat waste at an off-site facility
				  if that off-site facility has a permit or other grant of authorization to
				  manage the same wastestream with the treatment process to be used by the
				  TTU.
3. When operating at an
				  off-site facility, the total processing rate for any wastestream, including all
				  approved fixed units and all TTUs, shall not exceed, at any time, the capacity
				  stated in the off-site facility's permit or other grant of
				  authorization.
(B) A TTU
				  may be stationed and operated at a hazardous substance release site or on-site
				  or off-site facility as part of a site remediation, corrective action or
				  closure activity for a maximum of one (1) calendar year. Upon good cause shown
				  by the owner or operator, the Department shall grant up to two extensions, of
				  six months duration each, to the period of operation specified pursuant to
				  subsection (a)(3)(A) of this section.
(9) Permanently mark the exterior of each TTU
				  with the name of the person which owns or operates the TTU, owner or operator
				  identification number and an individual serial number;
(10) Maintain the documents specified below
				  at the site or facility where the TTU is operating. The owner or operator shall
				  make these documents available upon demand at the site or facility to any
				  representative of the Department, the U.S. Environmental Protection Agency
				  (EPA) or a local governmental agency. A copy of these documents shall be
				  delivered in person or by certified mail with return receipt requested to the
				  Department when requested in writing by the Department. Any request from the
				  Department shall specify the documents which are required, where and how to
				  submit the required documents and the date by which the documents shall be
				  submitted. The documents include:
(A) A waste
				  analysis plan for the treatment operation as specified in section
				  66265.13(b);
(B) A written inspection schedule as
				  specified in section
				  66265.15(b);
(C) Training documents as specified in
				  section 66265.16(d)(3) as
				  they pertain to the operator(s);
(D) A contingency plan which contains the
				  information specified in section
				  66265.52;
(E) A copy of the most recent Unit-Specific
				  Notification submitted as required by sections
				  67450.2(a)(1),
				  67450.3(a)(1) and
				  67450.3(a)(2), a
				  copy of the most recent acknowledgement received from the Department pursuant
				  to sections
				  67450.2(a)(3) and
				  67450.3(b), a
				  copy of the most recent Site-Specific Notification as specified in sections
				  67450.3(a)(3) and
				  67450.3(a)(4),
				  and a copy of the most recent corresponding acknowledgement received from the
				  Department pursuant to section
				  67450.3(b);
(F) A copy of the closure plan required by
				  subsection (a)(13)(B) of this section;
(G) A copy of documents related to the
				  environmental investigation and any cleanup, abatement or other necessary
				  remedial action taken pursuant to section
				  67450.7, if applicable.
(H) Documentation of any convictions,
				  judgments, settlements, or orders resulting from any action by any local,
				  State, or federal environmental or public health enforcement agency concerning
				  the operation of the facility within the last three years, as the documents
				  would be available under the California Public Records Act (Chapter 3.5
				  (commencing with Section
				  6250) of Part 1 of Division 7 of
				  Title 1 of the Government Code) and the Information Practices Act of 1977
				  (Chapter 1 (commencing with Section
				  1798) of Title 1.8 of Part 4 of
				  the Civil Code);
(11)
				  Maintain compliance with sections
				  66264.175,
				  66265.148,
				  67450.7,
				  67450.13 and and with the
				  following regulations in chapter 15 of this division, including those referring
				  to permit applications:
(A) Article 2. General
				  Facility Standards (except for section
				  66265.25);
(B) Article 3. Preparedness and
				  Prevention;
(C) Article 4.
				  Contingency Plan and Emergency Procedures;
(D) Article 5. Manifest System, Recordkeeping
				  and Reporting (except for sections
				  66265.73(b)(2),
				  66265.73(b)(6),
				  66265.73(b)(7),
				  66265.73(b)(15)
				  and 66265.75);
(E) Article 9. Use and Management of
				  Containers;
(F) Article 10. Tank
				  Systems (except that the contingent plan for post-closure required by section
				  66265.197(c)(2)
				  shall be maintained with the closure plan required by subsection (a)(13)(B) of
				  this section);
(G) Article 16.
				  Thermal Treatment;
(H) Article 17.
				  Chemical, Physical, and Biological Treatment.
(12) Prepare and submit an annual report to
				  the Department when requested by the Department. The annual report shall be
				  delivered in person or by certified mail with return receipt requested to the
				  Department when requested in writing by the Department. The request from the
				  Department shall specify where and how to submit the annual report and the date
				  by which the annual report shall be submitted. The report shall be dated, and
				  signed according to the requirements of section
				  66270.11 as those requirements
				  apply to permit applications, and shall include the following information for
				  each site or facility where treatment was performed during the calendar year
				  preceding the Department's request:
(A) The
				  serial number(s) of the TTU(s) involved in the treatment;
(B) The physical and mailing address of the
				  person which owns or operates the TTU(s) and the TTU owner's or operator's
				  identification number;
(C) The
				  name, title and phone number of each TTU contact person;
(D) The name and address or legal description
				  of each site or facility;
(E) The
				  site or facility identification number(s), when applicable;
(F) The number of days each TTU was
				  operated;
(G) The quantity of
				  hazardous waste(s) treated by each TTU;
(H) The composition and hazardous
				  characteristics of the influent hazardous waste(s);
(I) The treatment method(s) used for each
				  hazardous waste treated by each TTU;
(J) The quantity, composition and hazardous
				  characteristic(s) of any treatment effluent or residual discharged from each
				  TTU to a POTW, if applicable; and
(K) The quantity, composition, hazardous
				  characteristic(s) and disposition of any TTU treatment effluent or residual
				  that was not discharged to a POTW, if applicable.
(13) Maintain compliance with the following
				  requirements regarding closure:
(A) Sections
				  66264.178,
				  66265.111(a) and
				  66265.111(b), in
				  the same manner as those sections apply to facilities and section
				  66265.114;
(B) The TTU owner or operator shall have a
				  written closure plan. The closure plan shall include:
1. A description of how and when each TTU
				  will be closed. The description shall identify the maximum extent of the
				  operation during the life of the TTU(s), and how the applicable requirements of
				  sections 66264.178,
				  66265.114,
				  66265.197 and
				  66265.404 will be met;
2. A description of the steps needed to
				  decontaminate the treatment equipment during closure; and
3. An estimate of the expected year of
				  closure and a schedule for final closure. The schedule for final closure shall
				  include, at a minimum, the total time required to close the
				  TTU(s).
(C) The TTU owner
				  or operator shall amend the closure plan at any time during the active life of
				  the TTU(s) (the active life of a TTU is that period during which wastes are
				  periodically treated) when changes in operating plans or TTU design affect the
				  closure plan, or whenever there is a change in the expected year of
				  closure.
(D) Within ninety (90)
				  days after treating the final volume of hazardous waste, the TTU owner or
				  operator shall treat or remove from the TTU(s), all hazardous waste in
				  accordance with the closure plan and the applicable requirements of this
				  chapter unless the owner or operator demonstrates to the Department that the
				  activities required to treat and/or remove all hazardous waste from the TTU(s)
				  will require longer than ninety (90) days.
(E) The TTU owner or operator shall complete
				  closure activities in accordance with the closure plan within 180 days after
				  treating the final volume of hazardous waste unless the owner or operator
				  demonstrates to the Department that the activities required to complete the
				  closure will require longer than 180 days to complete.
(F) The TTU owner or operator shall notify
				  the Department, the Certified Unified Program Agency (CUPA) or if there is no
				  CUPA, then the officer or agency authorized pursuant to subdivision (f) of
				  Health and Safety Code Section
				  25404.3
				  to implement and enforce the requirements of Health and Safety Code Section
				  25404(c)(1),
				  and any other agencies having jurisdiction over the closure project at least
				  fifteen (15) days prior to completion of closure; and
(G) The TTU owner or operator shall remain in
				  compliance with the applicable requirements of this section until the owner or
				  operator submits to the Department a certification signed by the owner or
				  operator and by an independent, professional engineer registered in California,
				  that closure has been completed in accordance with the closure plan and that
				  the closure plan meets or exceeds the applicable requirements of this
				  chapter.
(14) If
				  treatment will be conducted in containers, the containment requirements of
				  section 66264.175 applicable to transfer
				  and storage areas shall be complied with for areas where treatment
				  occurs.