reglab/statecodes huggingface dataset:
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SOLID WASTE PROGRAM › Chapter 335-13-15 - STANDARDS FOR THE DISPOSAL OF COAL COMBUSTION RESIDUALS IN LANDFILLS AND SURFACE IMPOUNDMENTS › Section 335-13-15-.01 - General Provisions

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Scope
				and purpose.
(a) This chapter applies to
				owners and operators of new and existing landfills and surface impoundments,
				including any lateral expansions of such units, that dispose or otherwise
				engage in solid waste management of CCR generated from the combustion of coal
				at electric utilities and independent power producers. Unless otherwise
				provided in this chapter, these requirements also apply to disposal units
				located off-site of the electric utility or independent power producer. This
				chapter also applies to any practice that does not meet the definition of a
				beneficial use of CCR.
(b) This
				chapter also applies to inactive CCR surface impoundments at active electric
				utilities or independent power producers, regardless of the fuel currently used
				at the facility to produce electricity.
(c) This chapter does not apply to CCR
				landfills that have ceased receiving CCR prior to October 19, 2015.
(d) This chapter does not apply to electric
				utilities or independent power producers that have ceased producing electricity
				prior to October 19, 2015.
(e) This
				chapter does not apply to wastes, including fly ash, bottom ash, boiler slag,
				and flue gas desulfurization materials generated at facilities that are not
				part of an electric utility or independent power producer, such as
				manufacturing facilities, universities, and hospitals. This chapter also does
				not apply to fly ash, bottom ash, boiler slag, and flue gas desulfurization
				materials, generated primarily from the combustion of fuels (including other
				fossil fuels) other than coal, for the purpose of generating electricity unless
				the fuel burned consists of more than fifty percent (50%) coal on a total heat
				input or mass input basis, whichever results in the greater mass feed rate of
				coal.
(f) This chapter does not
				apply to practices that meet the definition of a beneficial use of
				CCR.
(g) This chapter does not
				apply to CCR placement at active or abandoned underground or surface coal
				mines.
(h) This chapter does not
				apply to municipal solid waste landfills that receive CCR.
(i) ADEM Admin. Code ch. 335-13-5 outlines
				the procedures for obtaining a permit for new and existing CCR surface
				impoundments and landfills, including lateral expansions of such
				units.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SOLID WASTE PROGRAM › Chapter 335-13-15 - STANDARDS FOR THE DISPOSAL OF COAL COMBUSTION RESIDUALS IN LANDFILLS AND SURFACE IMPOUNDMENTS › Section 335-13-15-.03 - Location Restrictions

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
				Placement above the uppermost aquifer.
(a)
				New CCR landfills, existing and new CCR surface impoundments, and all lateral
				expansions of CCR units must be constructed with a base that is located no less
				than 1.52 meters (five feet) above the uppermost aquifer as determined by the
				following procedures:
1. The site hydrogeology
				shall be established to the upper most aquifer and subsequent interconnecting
				aquifers. The hydrogeological evaluation for a specific site must be performed
				by a firm or individual having expertise in hydrogeology. The hydrogeological
				evaluation shall require a minimum of three exploration borings to include
				sampling and geologic logging and completion of these borings as piezometers.
2. Two groundwater measurements
				shall be taken during each of the three consecutive months of February, March,
				and April with no two measurements taken within any twelve day period, or as
				otherwise approved by the Department.
3. From the hydrogeological evaluation and
				groundwater measurements, the subsequent establishment of the first saturation
				zone, the uppermost aquifer and subsequent underlying and interconnected
				aquifers, piezometer measuring point elevations, water table elevations and an
				estimate of groundwater flow direction and rate will be required.
4. Based on the groundwater measurements, the
				owner or operator of a new CCR unit or any lateral expansion of a CCR unit
				shall design the CCR unit so that the bottom base is five feet above the
				uppermost aquifer.
5. When the
				geological and hydrological data so indicate, the Department may specify
				greater separation distances to protect groundwater.
6. When the geological and hydrological data
				so indicate, the Department may allow engineering controls to remove, divert,
				drain, or otherwise modify zones of saturation above the uppermost
				aquifer.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SOLID WASTE PROGRAM › Chapter 335-13-15 - STANDARDS FOR THE DISPOSAL OF COAL COMBUSTION RESIDUALS IN LANDFILLS AND SURFACE IMPOUNDMENTS › Section 335-13-15-.04 - Design Criteria

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Design
				Criteria for new CCR landfills and any lateral expansion of a CCR landfill.
(a)
1. New
				CCR landfills and any lateral expansion of a CCR landfill must be designed,
				constructed, operated, and maintained with either a composite liner that meets
				the requirements of
				335-13-15-.04(1)(b)
				or an alternative composite liner that meets the requirements in
				335-13-15-.04(1)(c),
				and a leachate collection and removal system that meets the requirements of
				335-13-15-.04(1)(d).
2. Prior to construction of an overfill, the
				underlying surface impoundment must meet the requirements of
				335-13-15-.07(3)(d).
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SOLID WASTE PROGRAM › Chapter 335-13-15 - STANDARDS FOR THE DISPOSAL OF COAL COMBUSTION RESIDUALS IN LANDFILLS AND SURFACE IMPOUNDMENTS › Section 335-13-15-.09 - Reserved. (REPEALED)

Current through Register Vol. 42, No. 9, June 28, 2024
Authors:
Eric L. Sanderson, S. Scott Story,
					 Heather M. Jones
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-27-3,
					 22-27-7,
					 22-27-12.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SOLID WASTE PROGRAM › Chapter 335-13-15 - STANDARDS FOR THE DISPOSAL OF COAL COMBUSTION RESIDUALS IN LANDFILLS AND SURFACE IMPOUNDMENTS › Section 335-13-15-.10 - Reserved. (REPEALED)

Current through Register Vol. 42, No. 9, June 28, 2024
Authors:
S. Scott Story
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-22A-5,
					 22-27-3,
					 22-27-7.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SOLID WASTE PROGRAM › Chapter 335-13-15 - STANDARDS FOR THE DISPOSAL OF COAL COMBUSTION RESIDUALS IN LANDFILLS AND SURFACE IMPOUNDMENTS › Section 335-13-15-.11 - Reserved. (REPEALED)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
S. Scott Story
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-22A-5,
					 22-27-3,
					 22-27-7.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SOLID WASTE PROGRAM › Chapter 335-13-15 - STANDARDS FOR THE DISPOSAL OF COAL COMBUSTION RESIDUALS IN LANDFILLS AND SURFACE IMPOUNDMENTS › Section 335-13-15-.12 - Reserved. (REPEALED)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Eric L. Sanderson
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-22A-5,
					 22-27-3,
					 22-27-7,
					 22-27-12.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SOLID WASTE PROGRAM › Chapter 335-13-15 - STANDARDS FOR THE DISPOSAL OF COAL COMBUSTION RESIDUALS IN LANDFILLS AND SURFACE IMPOUNDMENTS › Section 335-13-15-.13 - Reserved. (REPEALED)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
S. Scott Story
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-22A-5,
					 22-27-3,
					 22-27-7,
					 22-27-12.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SOLID WASTE PROGRAM › Chapter 335-13-15 - STANDARDS FOR THE DISPOSAL OF COAL COMBUSTION RESIDUALS IN LANDFILLS AND SURFACE IMPOUNDMENTS › Section 335-13-15-.14 - Reserved. (REPEALED)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Eric L. Sanderson
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-22A-5,
					 22-27-3,
					 22-27-7.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SOLID WASTE PROGRAM › Chapter 335-13-15 - STANDARDS FOR THE DISPOSAL OF COAL COMBUSTION RESIDUALS IN LANDFILLS AND SURFACE IMPOUNDMENTS › Section 335-13-15-.15 - Variances

Current through Register Vol. 42, No. 9, June 28, 2024
The Department may grant individual variances only from
				  specific provisions of this chapter that are in addition to or more stringent
				  than the federal regulations. The individual variances must be granted based
				  upon the procedures of
				  335-13-8-.01 through
				  335-13-8-.05 whenever it is found
				  by the Department, upon presentation of adequate proof, that non-compliance
				  with one or more of these provisions will not threaten the public health or
				  unreasonably create environmental pollution.
Author:
S. Scott Story
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-27-3,
					 22-27-7.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SOLID WASTE PROGRAM › Chapter 335-13-15 - STANDARDS FOR THE DISPOSAL OF COAL COMBUSTION RESIDUALS IN LANDFILLS AND SURFACE IMPOUNDMENTS › Appendix III - CCR CONSTITUENTS FOR DETECTION MONITORING

Current through Register Vol. 42, No. 9, June 28, 2024
Common
								Name1
Boron
Calcium
Chloride
Fluoride
pH
Sulfate
Total Dissolved Solids (TDS)
1 Common names are those widely
				  used in government regulations, scientific publications, and commer ce;
				  synonyms exist for many chemicals.
Author:
Heather M. Jones
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-27-3,
					 22-27-7.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SOLID WASTE PROGRAM › Chapter 335-13-15 - STANDARDS FOR THE DISPOSAL OF COAL COMBUSTION RESIDUALS IN LANDFILLS AND SURFACE IMPOUNDMENTS › Appendix IV - CCR CONSTITUENTS FOR ASSESSMENT MONITORING

Current through Register Vol. 42, No. 9, June 28, 2024
Common
							 Name1
Antimony
Arsenic
Barium
Beryllium
Cadmium
Chromium
Cobalt
Fluoride
Lead
Lithium
Mercury
Molybdenum
Selenium
Thallium
Radium 226 and 228 combined
1Common names are those widely
				  used in government regulations, scientific publications, and commerce; synonyms
				  exist for many chemicals.
Authors:
Heather M. Jones
Statutory Authority:
Code of Ala.
					 1975
, §
											22-27-3,
					 22-27-7.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SOLID WASTE PROGRAM › Chapter 335-13-16 - ORGANIZATION › Section 335-13-16-.01 - Purpose

Current through Register Vol. 42, No. 9, June 28, 2024
The purpose of this chapter is to establish procedures to
				  encourage and regulate the land application of eligible non-hazardous
				  by-product materials within the State.
Author:
S. Scott Story
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-27-9,
					 22-27-12.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SOLID WASTE PROGRAM › Chapter 335-13-16 - ORGANIZATION › Section 335-13-16-.03 - Specific Requirements For Land Application Of By-Product Materials

Current through Register Vol. 42, No. 9, June 28, 2024
(1) By-product
				materials may be eligible for consideration for land application under this
				rule, where such materials meet the following requirements:
(a) The material, proposed for beneficial
				use, must be a "by-product" as defined in
				335-13-16-.02; and
(b) The by-product material proposed for
				beneficial use must:
1. Be characterized [as
				required by ADEM Admin. Code r.
				335-13-16-.04(2)(c)10.]
				;
2. Possess physical and/or
				chemical properties which make the material suitable for the intended agronomic
				application rate as defined in ADEM Admin. Code r.
				335-13-16-.02; and
3. Not be a hazardous waste as defined in
				ADEM Admin. Code r.
				335-14-1-.02.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SOLID WASTE PROGRAM › Chapter 335-13-16 - ORGANIZATION › Section 335-13-16-.04 - Registration Application Requirements

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Generators that produce one hundred (100)
				dry short tons per calendar year or more of eligible by-product material for
				beneficial use in the State of Alabama must electronically submit the following
				items to the Department:
(a) A completed
				electronic ADEM Form 569 with the applicable fees in accordance with ADEM
				Admin. Code div. 335-1;
(b) The
				type of material being generated, such as FPR, Class A Biosolids, Class B
				Biosolids, etc., and expected quantity (in dry short tons) to be generated for
				use under this chapter per calendar year; and
(c) A list of Distributors that manage and
				land apply the by-product materials for beneficial use in the State of
				Alabama.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SOLID WASTE PROGRAM › Chapter 335-13-16 - ORGANIZATION › Section 335-13-16-.05 - Operating Criteria For Storage, Staging And Land Application Of By-Product Materials

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
				Notification of intent to land apply at a given registered location shall be
				electronically submitted to the Department by the registered Distributor at
				least forty-eight (48) hours before land application activity begins, and at a
				minimum shall contain the following:
(a)
				Physical address of site(s), along with GPS coordinates in decimal
				degrees;
(b) Material being land
				applied to the site(s); and
(c)
				Expected duration of land application and associated activities for the
				site(s).
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SOLID WASTE PROGRAM › Chapter 335-13-16 - ORGANIZATION › Section 335-13-16-.07 - Operating Criteria For Food Processing Residual

Current through Register Vol. 42, No. 9, June 28, 2024
(1) All Distributors managing and land
				applying FPR shall adhere to the following additional requirements:
(a) The site restrictions listed in 1-8 of
				this section shall be met when FPR is land applied; or the pH of by-product
				material land applied shall be raised to twelve (12) or higher by alkali
				addition and, without the addition of more alkali, shall remain at twelve (12)
				or higher for thirty (30) minutes and the site restrictions in 1-4 of this
				section shall be met:
1. Food crops with
				harvested parts that touch the by-product/soil mixture and are totally above
				the land surface shall not be harvested for fourteen (14) months after
				application of by-product material;
2. Food crops with harvested parts below the
				surface of the land shall not be harvested for twenty (20) months after
				application of by-product material when the by-product material remains on the
				land surface for four months or longer prior to incorporation into the
				soil;
3. Food crops with harvested
				parts below the surface of the land shall not be harvested for thirty-eight
				(38) months after application of by-product material when the by-product
				material remains on the land surface for less than four months prior to
				incorporation into the soil;
4.
				Food crops, feed crops, and fiber crops shall not be harvested for thirty (30)
				days after application of by-product material;
5. Animals shall not be grazed on the land
				for thirty (30) days after application of by-product material;
6. Turf grown on land where by-product
				material is applied shall not be harvested for one (1) year after application
				of the by-product material when the harvested turf is placed on either land
				with a high potential for public exposure or a lawn, unless otherwise specified
				by the Department;
7. Public access
				to land with a high potential for public exposure shall be restricted for one
				(1) year after application of by-product material; and
8. Public access to land with a low potential
				for public exposure shall be restricted for thirty (30) days after application
				of by-product material.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SOLID WASTE PROGRAM › Chapter 335-13-16 - ORGANIZATION › Section 335-13-16-.08 - Operating Criteria For Food Processing Residuals Treatment Impoundments

Current through Register Vol. 42, No. 9, June 28, 2024
(1) FPR Treatment
				Impoundments must adhere to all requirements for Distributors as specified in
				ADEM Admin. Code ch. 335-13-16, including the additional requirements specified
				in ADEM Admin. Code r.
				335-13-16-.07.
(2) The registrant shall ensure that all
				contents of the impoundment(s) are retained except as permitted under ADEM
				Admin. Code chap. 335-6-6.
(3)
				Location of FPR Treatment Impoundments must comply with all buffer zones in
				accordance with ADEM Admin. Code r.
				335-13-16-.05(4).
(4) FPR Treatment Impoundments must have an
				appropriate volume-to-surface area ratio to facilitate sufficient retention
				time for effective and efficient treatment to protect human health and the
				environment. Details documenting this must be provided in the NMP.
(5) FPR Treatment Impoundments must be NRCS
				certified. Documentation of certification must be submitted to the Department
				before operation begins. In the case of existing FPR Treatment Impoundments,
				the registrant must obtain certification that the impoundment was constructed
				to current engineering standards to document the integrity of the
				impoundment.
(6) The FPR Treatment
				Impoundment must maintain at all times sufficient freeboard to contain a
				twenty-four (24) hr/twenty-five (25) yr rain event or at least twenty-four (24)
				inches of freeboard, whichever is greater. The Department may consider an
				equivalent alternate overflow management system(s), as warranted (e.g.
				additionally available freeboard in an adjacent impoundment, nearby tank,
				etc.). Run-on controls shall be implemented to protect the FPR Treatment
				Impoundment from excess stormwater from the surrounding watershed.
(7) At the deepest point of the impoundment,
				the grease cap thickness shall not exceed twenty-five (25) % of the maximum
				operational depth at any given time, regardless of season.
(8) Treated FPR Material Requirements.
(a) An NMP and OP as defined by ADEM Admin.
				Code r. 335-13-16-.04(2)(c) and
				(d) is required with the following additions:
1. The Treated FPR Material application rate
				will be based on nutrient analysis (agronomic rate) and retention time
				(treatment level); and
2. NMP must
				include a sludge (bottom solids) management plan for the impoundment(s).
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SOLID WASTE PROGRAM › Chapter 335-13-16 - ORGANIZATION › Section 335-13-16-.10 - Variances

Current through Register Vol. 42, No. 9, June 28, 2024
The Department may grant individual variances only from
				  specific provisions of this chapter that are in addition to or more stringent
				  than any federal regulations. The individual variances must be granted based
				  upon the procedures of ADEM Admin. Code rs.
				  335-13-8-.02 through
				  335-13-8-.05 whenever it is found
				  by the Department, upon presentation of adequate proof, that non-compliance
				  with one or more of these provisions will not threaten the public health or
				  unreasonably create environmental pollution.
Authors:
S. Scott Story, Richard T.
					 Kelsey
Statutory Authority
:
Code of Ala.
					 1975
, §§
											22-27-9,
					 22-27-12.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SOLID WASTE PROGRAM › Chapter 335-13-16 - ORGANIZATION › Appendix I - Constituent Concentration Limits*

Current through Register Vol. 42, No. 9, June 28, 2024
Constituent
Ceiling Concentration
								(mg/kg)
[DAGGER]
Cumulative Loading Rate (kg/ha)
								[lb/ac]
Monthly Average Concentration
								(mg/kg)
[DAGGER]
Arsenic
75
41 [37]
41
Cadmium
85
39 [35]
39
Copper
4,300
1,500 [1,338]
1,500
Lead
840
300 [268]
300
Mercury
57
17 [15]
17
Molybdenum
75
N/A
N/A
Nickel
420
420 [375]
420
Selenium
100
100 [89]
100
Zinc
7,500
2,800 [2,498]
2,800
[DAGGER]Dry Weight Basis
*Taken from
				  40 C.F.R. §
										503.13 Tables 1, 2, and 3
Authors:
S. Scott Story, Richard T. Kelsey
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-27-9,
					 22-27-12.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - HAZARDOUS WASTE PROGRAM › Chapter 335-14-1 - HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL › Section 335-14-1-.03 - Rulemaking Petitions

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
Petitions for equivalent testing or analytical
				methods
.
(a) Any person seeking
				to add a testing or analytical method to Chapters 335-14-2, 335-14-5 or
				335-14-6 may petition for such addition under
				335-14-1-.03(1).
				To be successful the person must demonstrate to the satisfaction of the
				Director that the proposed method is equal to or superior to the corresponding
				method prescribed in Chapters 335-14-2, 335-14-5 or 335-14-6, in terms of its
				sensitivity, accuracy, and precision (i.e., reproducibility).
(b) Each petition must be submitted to the
				Department by certified mail and must include:
1. The petitioner's name and
				address;
2. A statement of the
				petitioner's interest in the proposed action;
3. A statement of the need and justification
				for the proposed action;
4. A full
				description of the proposed method, including all procedural steps and
				equipment used in the method;
5. A
				description of the types of waste or waste matrices for which the proposed
				method may be used;
6. Comparative
				results obtained from using the proposed method with those obtained from using
				the relevant or corresponding methods prescribed in Chapters 335-14-2, 335-14-5
				or 335-14-6;
7. An assessment of
				any factors which may interfere with, or limit the use of, the proposed
				method;
8. A description of the
				quality control procedures necessary to ensure the sensitivity, accuracy, and
				precision of the proposed method; and
9. A copy of the
Federal
				Register
notice indicating that EPA has added the testing or
				analytical method to 40 CFR
				Parts 261,
				264 or
				265.
(c) After receiving a petition for an
				equivalent method, the Department may request any additional information on the
				proposed method which it may reasonably require to evaluate the
				method.
(d) If the Director permits
				the use of a new testing method, the applicant will be notified and allowed to
				use the method pending the next revision of Division 335-14. When Division
				335-14 is next amended after such a determination, the equivalent method will
				be proposed to be added to the rules and will be treated as any other rule
				amendment under
Code of Ala. 1975
, §
										22-22A-8.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - HAZARDOUS WASTE PROGRAM › Chapter 335-14-2 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Section 335-14-2-.01 - General

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Purpose and
				scope.
(a)335-14-2 identifies those solid
				wastes which are subject to regulation as hazardous wastes under 335-14-3
				through 335-14-6, 335-14-8, and 335-14-9 and which are subject to the
				notification requirements of Section 3010 of RCRA. In 335-14-2:
1.335-14-2-.01 defines the terms
				"solid waste" and "hazardous waste", identifies those wastes which are excluded
				from regulation under 335-14-3 through 335-14-9, and establishes special
				management requirements for hazardous waste produced by very small quantity
				generators and hazardous waste which is recycled.
2.335-14-2-.02 sets forth the
				criteria used by the Department to identify characteristics of hazardous waste
				and to list particular hazardous wastes.
3.335-14-2-.03 identifies
				characteristics of hazardous waste.
4.335-14-2-.04 lists particular
				hazardous wastes.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - HAZARDOUS WASTE PROGRAM › Chapter 335-14-2 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Section 335-14-2-.02 - Criteria For Identifying The Characteristics Of Hazardous Waste And For Listing Hazardous Waste

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
				Criteria for identifying the characteristics of hazardous waste.
(a) The Department shall identify and define
				a characteristic of hazardous waste in Rule
				335-14-2-.03 only upon
				determining that:
1. A solid waste that
				exhibits the characteristic may:
(i) Cause,
				or significantly contribute to, an increase in mortality or an increase in
				serious irreversible, or incapacitating reversible, illness; or
(ii) Pose a substantial present or potential
				hazard to human health or the environment when it is improperly treated,
				stored, transported, disposed of, or otherwise managed; and
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - HAZARDOUS WASTE PROGRAM › Chapter 335-14-2 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Section 335-14-2-.03 - Characteristics Of Hazardous Waste

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
General
.
(a) A solid
				waste, as defined in
				335-14-2-.01(2),
				which is not excluded from regulation as a hazardous waste under
				335-14-2-.01(4)(b),
				is a hazardous waste if it exhibits any of the characteristics identified in
				335-14-2-.03.
(b) A hazardous waste which is identified by
				a characteristic in
				335-14-2-.03 is assigned every
				EPA Hazardous Waste Number that is applicable as set forth in
				335-14-2-.03. This number must be
				used in complying with the notification requirements of Section 3010 of the
				RCRA and all applicable recordkeeping and reporting requirements under Chapters
				335-14-3 through 335-14-6, 335-14-8 and 335-14-9.
(c) For purposes of
				335-14-2-.03, the Department will
				consider a sample obtained using any of the applicable sampling methods
				specified in 335-14-2 -Appendix I to be a representative sample within the
				meaning of Chapter 335-14-1.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - HAZARDOUS WASTE PROGRAM › Chapter 335-14-2 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Section 335-14-2-.04 - Lists Of Hazardous Wastes

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
General
.
(a) A solid
				waste is a hazardous waste if it is listed in
				335-14-2-.04, unless it has been
				excluded from this list under
				335-14-1-.03(2).
(b) The Department will indicate its basis
				for listing the classes or types of wastes listed in
				335-14-2-.04 by employing one or
				more of the following Hazard Codes:
Ignitable Waste (I)
Corrosive Waste (C)
Reactive Waste (R)
Toxicity Characteristic Waste (E)
Acute Hazardous Waste (H)
Toxic Waste (T)
335-14-2-Appendix VII identifies the constituent which caused
				  the Department to list the waste as a Toxicity Characteristic Waste (E) or
				  Toxic Waste (T) in
				  335-14-2-.04(2) and
				  (3).
(c) Each hazardous waste listed in
				335-14-2-.04 is assigned an EPA
				or Alabama Hazardous Waste Number which precedes the name of the waste. This
				number must be used in complying with the notification requirements of Section
				3010 of the RCRA and certain recordkeeping and reporting requirements under
				Chapters 335-14-3 through 335-14-6, 335-14-8, and 335-14-9.
(d) The following hazardous wastes listed in
				335-14-2-.04(2)
				are subject to the exclusion limits for acutely hazardous wastes established in
				335-14-2-.01(5):
				EPA Hazardous Wastes Nos. F020, F021, F022, F023, F026, and
				F027.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - HAZARDOUS WASTE PROGRAM › Chapter 335-14-2 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Section 335-14-2-.05 - Exclusions/Exemptions

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Conditional
				exclusion for used, broken cathode ray tubes (CRTs) and processed CRT glass
				undergoing recycling. Used, broken CRTs are not solid wastes if they meet the
				following conditions:
(a) Prior to
				processing: These materials are not solid wastes if they are destined for
				recycling and if they meet the following requirements:
1. Storage. The broken CRTs must be either:
(i) Stored in a building with a roof, floor,
				and walls, or
(ii) Placed in a
				container (i.e., a package or a vehicle) that is constructed, filled, and
				closed to minimize releases to the environment of CRT glass (including fine
				solid materials).
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - HAZARDOUS WASTE PROGRAM › Chapter 335-14-2 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Section 335-14-2-.06 - Reserved

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Statutory Authority:
Code of Ala.
					 1975
,
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - HAZARDOUS WASTE PROGRAM › Chapter 335-14-2 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Section 335-14-2-.08 - Financial Requirements For Management Of Excluded Hazardous Secondary Materials

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
				Applicability
(a) The requirements of
				335-14-2-.08 apply to owners or
				operators of reclamation and intermediate facilities managing hazardous
				secondary materials excluded under
				335-14-2-.01(4)(a)24.,
				except as provided otherwise in this section.
(b) States and the Federal government are
				exempt from the financial assurance requirements of
				335-14-2-.08.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - HAZARDOUS WASTE PROGRAM › Chapter 335-14-2 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Section 335-14-2-.09 - Use And Management Of Containers

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Applicability.
				335-14-2-.09 applies to hazardous
				secondary materials excluded under the remanufacturing exclusion at
				335-14-2-.01(4)(a)27.
				and stored in containers.
(2)
				Condition of containers. If a container holding hazardous secondary material is
				not in good condition (e.g., severe rusting, apparent structural defects) or if
				it begins to leak, the hazardous secondary material must be transferred from
				this container to a container that is in good condition or managed in some
				other way that complies with the requirements of
				335-14-2-.09.
(3) Compatibility of hazardous secondary
				materials with containers. The container must be made of or lined with
				materials which will not react with, and are otherwise compatible with, the
				hazardous secondary material to be stored, so that the ability of the container
				to contain the material is not impaired.
(4) Management of containers
(a) A container holding hazardous secondary
				material must always be closed during storage, except when it is necessary to
				add or remove the hazardous secondary material.
(b) A container holding hazardous secondary
				material must not be opened, handled, or stored in a manner which may rupture
				the container of cause it to leak.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - HAZARDOUS WASTE PROGRAM › Chapter 335-14-2 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Section 335-14-2-.10 - Tank Systems

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
				Applicability
(a) The requirements of
				335-14-2-.10 apply to tank
				systems for storing or treating hazardous secondary material excluded under the
				remanufacturing exclusion at
				335-14-2-.01(4)(a)27.
(b) Tank systems, including sumps,
				as defined in
				335-14-1-.02(1),
				that serve as part of a secondary containment system to collect or contain
				releases of hazardous secondary materials are exempted from the requirements in
				335-14-2-.10(4)(a).
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - HAZARDOUS WASTE PROGRAM › Chapter 335-14-2 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Section 335-14-2-.13 - Emergency Preparedness And Response For Management Of Excluded Hazardous Secondary Materials

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
				Applicability. The requirements of
				335-14-2-.13 apply to those areas
				of an entity managing hazardous secondary materials excluded under
				335-14-2-.01(4)(a)23.
				and/or 335-14-2-.01(4)(a)24.
				where hazardous secondary materials are generated or accumulated on site.
(a) A generator of hazardous secondary
				material, or an intermediate or reclamation facility, that accumulates 6000 kg
				or less of hazardous secondary material at any time must comply with
				335-14-2-.13(11)
				and 335-14-2-.13(12).
(b) A generator of hazardous secondary
				material, or an intermediate or reclamation facility, that accumulates more
				than 6000 kg of hazardous secondary material at any time must comply with
				335-14-2-.13(11)
				and 335-14-2-.13(21).
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - HAZARDOUS WASTE PROGRAM › Chapter 335-14-2 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Section 335-14-2-.27 - Subpart AA - Air Emission Standards For Process Vents

Current through Register Vol. 42, No. 9, June 28, 2024
The Environmental Protection Agency Regulations set forth in
				  40 CFR, Part 261, Subpart AA (as published by EPA on January 13, 2015), are
				  incorporated herein by reference. In the event that any Code of Federal
				  Regulations Rule(s) incorporated herein by reference refers to or cites another
				  Code of Federal Regulations Rule(s), other than 40 CFR Part 261, Subpart AA,
				  such reference to the other Code of Federal Regulations Rule(s) is not
				  incorporated in the ADEM Administrative Code and the ADEM Administrative Code
				  rule specifically addressing said issue or circumstance shall take precedence,
				  be applicable and govern. Any provision of 40 CFR Part 261, Subpart AA, which
				  is inconsistent with the provisions of ADEM Administrative Code, Division 14,
				  is not incorporated herein by reference.
The materials incorporated by reference are available for
				  purchase and inspection at the Department's offices at 1400 Coliseum Boulevard,
				  Montgomery, Alabama 36110-2059.
(1)
§261.1030 Applicability
(as published by EPA on
				January 13, 2015).
(2)
§261.1031 Definitions
(as published by EPA on
				January 13, 2015).
(3)
§261.1032 Standards: Process vents
(as published
				by EPA on January 13, 2015).
(4)
§261.1033 Standards: Closed-vent systems and control
				devices
(as published by EPA on January 13, 2015).
(5)
§261.1034 Test methods
				and procedures
(as published by EPA on January 13, 2015).
(6)
§261.1035 Recordkeeping
				requirements
(as published by EPA on January 13, 2015).
(7) through (20)
§§261.1036 - 214.1049
[Reserved]
.
Author:
Bradley N. Curvin, Vernon H. Crockett,
					 Jonah L. Harris.
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-30-11.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - HAZARDOUS WASTE PROGRAM › Chapter 335-14-2 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Section 335-14-2-.29 - Subpart CC - Air Emission Standards For Tanks And Containers

Current through Register Vol. 42, No. 9, June 28, 2024
The Environmental Protection Agency Regulations, as set forth
				  in 40 CFR, Part 261, Subpart CC (as published by EPA on January 13, 2015), are
				  incorporated herein by reference.
In the event that any Code of Federal Regulations Rule(s)
				  incorporated herein by reference refers to or cites another Code of Federal
				  Regulations Rule(s), other than 40 CFR Part 261, Subpart CC, such reference to
				  the other Code of Federal Regulations Rule(s) is not incorporated in this ADEM
				  Administrative Code and the ADEM Administrative Code rule specifically
				  addressing said issue or circumstance shall take precedence, be applicable and
				  govern. Any provision of 40 CFR Part 261, Subpart CC, which is inconsistent
				  with the provisions of ADEM Administrative Code, Division 14, is not
				  incorporated herein by reference. The materials incorporated by reference are
				  available for purchase and inspection at the Department's offices at 1400
				  Coliseum Boulevard, Montgomery, Alabama 36110-2400.
(1)
									§261.1080 Applicability (as
				published by EPA on January 13, 2015).
(2)
									§261.1081 Definitions (as published
				by EPA on January 13, 2015).
(3)
									§261.1082 Standards: General (as published by EPA on January 13,
				2015).
(4)
									§261.1083 Material
				determination procedures (as published by EPA on January 13, 2015).
(5)
									§261.1084 Standards: Tanks (as
				published by EPA on January 13, 2015).
(6)
[Reserved]
.
(7)
									§261.1086 Standards: Containers (as
				published by EPA on January 13, 2015).
(8)
									§261.1087 Standards: Closed-vent
				systems and control devices (as published by EPA on January 13,
				2015).
(9)
									§261.1088
				Inspection and monitoring requirements (as published by EPA on January 13,
				2015).
(10)
									§261.1089
				Recordkeeping requirements (as published by EPA on January 13, 2015).
(11)
[Reserved]
.
Author:
Bradley N. Curvin, Vernon H. Crockett,
					 Jonah L. Harris.
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-30-11.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - HAZARDOUS WASTE PROGRAM › Chapter 335-14-3 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Section 335-14-3-.01 - General

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
Purpose, scope, and applicability
.
(a)335-14-3 establishes standards for
				generators of hazardous waste as defined in
				335-14-1-.02(1)
				and generators of other waste destined for disposal at commercial hazardous
				waste disposal facilities located in the State of Alabama.
1. A person who generates a hazardous waste
				as defined in 335-14-2 is subject to all the applicable independent
				requirements listed below:
(i) Independent
				requirements of a very small quantity generator include those found in
				335-14-3-.01(2)(a) through
				(d) and
				335-14-3-.01(3);
(ii) Independent requirements of a small
				quantity generator include those found in:
(I)335-14-3-.01(2)
				Hazardous waste determination and recordkeeping;
(II)335-14-3-.01(3)
				Generator category determination;
(III)335-14-3-.01(8)
				EPA identification numbers and re-notification for small quantity generators
				and large quantity generators;
(IV)335-14-3-.02 Manifest
				requirements applicable to small and large quantity generators;
(V)335-14-3-.03 Pre-transport
				requirements applicable to small and large quantity generators;
(VI)335-14-3-.04(1)
				Recordkeeping;
(VII)335-14-3-.04(5)
				Recordkeeping for small quantity generators; and
(VIII)335-14-3-.09 Transboundary
				movements of hazardous waste for recovery or disposal.
(iii) Independent requirements of a large
				quantity generator include those found in:
(I)335-14-3-.01(2)
				Hazardous waste determination and recordkeeping;
(II)335-14-3-.01(3)
				Generator category determination;
(III)335-14-3-.01(8)
				EPA identification numbers and re-notification for small quantity generators
				and large quantity generators;
(IV)335-14-3-.02 Manifest
				requirements applicable to small and large quantity generators;
(V)335-14-3-.03 Pre-transport
				requirements applicable to small and large quantity generators;
(VI)335-14-3-.04 Recordkeeping and
				reporting applicable to small and large quantity generators, except
				335-14-3-.04(5);
				and
(VII)335-14-3-.09 Transboundary
				movements of hazardous waste for recovery or disposal.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - HAZARDOUS WASTE PROGRAM › Chapter 335-14-3 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Section 335-14-3-.02 - The Manifest Requirements Applicable To Small And Large Quantity Generators

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
General requirements
.
(a) General.
1. A generator who transports, or offers for
				transportation, hazardous waste for off-site treatment, storage, or disposal,
				or a treatment, storage, or disposal facility who offers for transportation a
				rejected hazardous waste load, must prepare a Manifest (OMB control number
				2050-0039) on EPA Form 8700-22, and, if necessary, EPA Form 8700-22A.
2. [Reserved].
3. Electonic Manifest. In lieu of using the
				manifest form specified in
				335-14-3-.02(1)(a)1.,
				a person required to prepare a manifest under
				335-14-3-.02(1)(a)1.
				may prepare and use an electronic manifest, provided that the person:
(i) Complies with the requirements of
				335-14-3-.02(5);
				and
(ii) Complies with the
				requirements of 40 CFR
				§
													3.10 for the reporting of electronic
				documents to EPA.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - HAZARDOUS WASTE PROGRAM › Chapter 335-14-3 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Section 335-14-3-.03 - Pre-Transport Requirements Applicable To Small And Large Quantity Generators

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
Packaging.
Before transporting hazardous waste or
				offering hazardous waste for transportation off-site, a generator must package
				the waste in accordance with the applicable United States Department of
				Transportation regulations on packaging under
				49 CFR Parts
				173,
				178, and
				179. Failure to properly package
				the waste in accordance with the applicable United States Department of
				Transportation regulations is a violation of
				335-14-3-.03(1).
(2)
Labeling
. Before
				transporting hazardous waste or offering hazardous waste for transportation
				off-site, a generator must label each package in accordance with the applicable
				United States Department of Transportation regulations on hazardous materials
				under 49 CFR Part 172 . Failure to properly label the waste in accordance with
				the applicable United States Department of Transportation regulations is a
				violation of
				335-14-3-.03(2).
(3)
Marking
.
(a) Before transporting hazardous waste or
				offering hazardous waste for transportation off-site, a generator must mark
				each package of hazardous waste in accordance with the applicable United States
				Department of Transportation regulations on hazardous materials under 49 CFR
				Part 172 ;
(b) Before transporting
				hazardous waste or offering hazardous waste for transportation off-site, a
				generator must mark each container of 119 gallons or less used in such
				transportation with the following words and information displayed in accordance
				with the requirements of 49
				CFR §
											172.304:
1. HAZARDOUS WASTE - Federal Law Prohibits
				Improper Disposal. If found, contact the nearest police or public safety
				authority or the U.S. Environmental Protection Agency.
2. Generator's Name and Address
				_____________________
3.
				Generator's EPA Identification Number ____________
4. Manifest Tracking Number
				_________________________
5. EPA
				Hazardous Waste Number(s) ____________________
(c) A generator may use a nationally
				recognized electronic system, such as bar coding, to identify the EPA Hazardous
				Waste Number(s), as required by
				335-14-3-.03(b)(5)
				or 335-14-3-.03(d).
(d) Lab packs that will be incinerated in
				compliance with
				335-14-9-.04(3)
				are not required to be marked with EPA Hazardous Waste Number(s), except D004,
				D005, D006, D007, D008, D010, and D011, where applicable.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - HAZARDOUS WASTE PROGRAM › Chapter 335-14-3 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Section 335-14-3-.04 - Recordkeeping And Reporting Applicable To Small And Large Quantity Generators

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
Recordkeeping
.
(a) A
				generator must keep a copy of each manifest signed in accordance with
				335-14-3-.02(4)(a)
				for three years or until he receives a signed copy from the designated facility
				which received the waste. This signed copy must be retained as a record for at
				least three years from the date the waste was accepted by the initial
				transporter.
(b) A generator must
				keep a copy of each Biennial Report, Exception Report, and Closure Report for a
				period of at least three years from the due date of the report.
(c) See
				335-14-3-.01(2)(f)
				for recordkeeping requirements for documenting hazardous waste
				determinations.
(d) The periods of
				retention referred to in
				335-14-3-.04(1)
				are extended automatically during the course of any unresolved enforcement
				action regarding the regulated activity or as requested by the
				Department.
(e) All records,
				including plans, required under 335-14-3 must be furnished upon request, and
				made available at reasonable times for inspection by any officer, employee, or
				representative of the Department.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - HAZARDOUS WASTE PROGRAM › Chapter 335-14-3 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Section 335-14-3-.05 - Reserved

Current through Register Vol. 42, No. 9, June 28, 2024
Authors:
Stephen C. Maurer; Steven O. Jenkins;
					 Amy P. Zachry; Bradley N. Curvin; Theresa A. Maines; Heather M. Jones; Metz P.
					 Duites; Vernon H. Crockett
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-30-11,
					 22-30-14.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - HAZARDOUS WASTE PROGRAM › Chapter 335-14-3 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Section 335-14-3-.06 - Reserved

Current through Register Vol. 42, No. 9, June 28, 2024
Authors:
Stephen C. Maurer; C. Edwin Johnston;
					 Bradley N. Curvin; Vernon H. Crockett
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-30-17,
					 22-30-11.