Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 105 - MANAGEMENT FACILITY PERMITS › Section 340-105-0010 - General Application Requirements and Requirements Applicable to Existing Management Facilities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 requirements of sections (2), (3), (4), and (5) of this rule replace the
			 provisions of
40 CFR 270.10(e)
to
270.10(i)
regarding
			 application requirements.
(2)
			 Existing management facilities:
(a) Owners and
			 operators of existing hazardous waste management facilities that do not have a
			 permit must submit a Part A permit application to the Department within 30 days
			 after the effective date of statutory or regulatory changes under Oregon law
			 that render the facility subject to the requirement to have a permit. In
			 addition, persons receiving from off-site solid waste which by virtue of
			 federal or state statute or regulation becomes hazardous waste and who treat or
			 dispose of such waste shall comply with the applicable requirements in OAR 340,
			 divisions 100-106, 120, and
40 CFR Parts 264
and
265
,
			 and must receive a final permit before managing the waste;
(b) The Department may at any time require
			 the owner or operator of an existing management facility to submit Part B of
			 their permit application. The owner or operator shall be allowed at least six
			 months from the date of request to submit Part B of the application. Any owner
			 or operator of an existing management facility may voluntarily submit Part B of
			 the application at any time;
(c) An
			 owner or operator that has not submitted an acceptable Part A permit
			 application, or an acceptable Part B permit application when required to do so,
			 or does not operate in compliance with the regulations of
40 CFR Part
			 265
, or OAR 340, division 120, as required by this rule, shall be
			 subject to Department enforcement action including termination of the
			 facility's operation;
(d) If an
			 owner or operator of an existing management facility has filed a Part A permit
			 application but has not yet filed a Part B permit application, the owner or
			 operator shall file an amended Part A application:
(A) No later than 15 days after the effective
			 date of the adoption of rules listing or designating wastes as hazardous if the
			 facility is treating, storing or disposing of any of those newly listed or
			 designated wastes; or
(B) Prior to
			 any of the following actions at the facility:
(i) Treatment, storage or disposal of a new
			 hazardous waste not previously identified in Part A of the permit
			 application;
(ii) Increases in the
			 design capacity of processes used at a facility. The owner or operator must
			 submit a justification explaining the need for the increase based on the lack
			 of available treatment, storage or disposal capacity at other hazardous waste
			 management facilities, and receive Department approval before making such
			 increase;
(iii) Changes in the
			 processes for the treatment, storage or disposal of hazardous waste. The owner
			 or operator must submit a justification explaining that the change is needed
			 because:
(I) It is necessary to prevent a
			 threat to human health or the environment because of an emergency situation;
			 or
(II) It is necessary to comply
			 with the requirements of OAR 340, divisions 100 to 106 and 142. The owner or
			 operator must receive Department approval before making such
			 change.
(iv) Changes in
			 the ownership or operational control of a facility. The new owner or operator
			 must submit 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
Subpart H of  40 CFR Part 265
(financial requirements), until the
			 Department has released him in writing. The Department shall not release the
			 old owner or operator until the new owner or operator has demonstrated to the
			 Department that he is complying with that Subpart. All other duties required by
			 these rules are transferred effective immediately upon the date of the change
			 of ownership or operational control of the facility.
(e) In no event shall changes
			 which amount to reconstruction of the facility be made to an existing hazardous
			 waste manage-ment facility which has not been issued an effective RCRA permit.
			 Reconstruction occurs when the capital investment in the changes to the
			 facility exceeds fifty percent of the capital cost of a comparable, entirely
			 new hazardous waste management facility.