California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 20 - The Hazardous Waste Permit Program › Article 7 - Interim Status › Section 66270.72 - Changes During Interim Status

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Except as provided in subsection (b) of
				  this section, the owner or operator of an interim status facility may make the
				  following changes at a facility:
(1)
				  transfer, treatment, storage, or disposal of new hazardous wastes not
				  previously identified in Part A of the permit application (and, in the case of
				  newly listed or identified wastes, addition of the units being used to
				  transfer, treat, store or dispose of the hazardous wastes on the effective date
				  of the listing or identification) if the owner or operator submits and receives
				  Department approval of a revised Part A permit application prior to such
				  transfer, treatment, storage or disposal;
(2) increases in the design capacity of
				  processes used at the facility if the owner or operator submits a revised Part
				  A permit application prior to such a change (along with a justification
				  explaining the need for the change) and the Department approves the change
				  because:
(A) there is a lack of available
				  transfer, treatment, storage, or disposal capacity at other hazardous waste
				  management facilities, or
(B) the
				  change is necessary to comply with a Federal, State, or local
				  requirement;
(3) changes
				  in the processes for the transfer, treatment, storage, or disposal of hazardous
				  waste or addition of processes if the owner or operator submits a revised Part
				  A permit application prior to such a change (along with a justification
				  explaining the need for the change) and the Department approves the change
				  because:
(A) the change is necessary to
				  prevent a threat to human health and the environment because of an emergency
				  situation, or
(B) the change is
				  necessary to comply with a Federal, State, or local
				  requirement;
(4) changes
				  in the ownership or operational control of a facility if the new owner or
				  operator submits 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 of chapter 15, article 8 (Financial Requirements) of this
				  division, until the new owner or operator has demonstrated to the Department
				  compliance with the requirements of that article. The new owner or operator
				  shall demonstrate compliance with article 8 requirements within six months of
				  the date of the change in the ownership or operational control of the facility.
				  Upon demonstration to the Department by the new owner or operator of compliance
				  with article 8, the Department shall notify the old owner or operator in
				  writing that it no longer needs to comply with article 8 as of the date of
				  demonstration. All other interim status duties are transferred effective
				  immediately upon the date of the change in ownership or operational control of
				  the facility;
(5) changes made in
				  accordance with an interim status corrective action order issued by the USEPA
				  under 42 U.S.C. section
				  6928(h) or other Federal
				  authority, by the Department under article 8, commencing with section
				  25180, of chapter 6.5 of division
				  20 of the Health and Safety Code, or by a court in a judicial action brought by
				  the USEPA or by the Department. Changes under this subsection are limited to
				  the transfer, treatment, storage, or disposal of solid waste from releases that
				  originate within the boundary of the facility.
(6) Addition of newly regulated units for the
				  treatment, storage, or disposal of hazardous waste if the owner or operator
				  submits a revised Part A permit application on or before the date on which the
				  unit becomes subject to the new requirements.