OAR 340-105-0010: General Application Requirements and Requirements Applicable to Existing Management Facilities

(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 management 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. (3) New management facilities: (a) No person shall begin physical construction of a new management facility without having submitted Part A and B of the permit application, complied with OAR 340, division 120, and having received a finally effective hazardous waste permit; (b) An application for a permit for a new management facility (including both Part A and B) may be filed with the Department any time after promulgation of those standards in OAR 340, division 104 applicable to such facility. All applications must be submitted at least 180 days before physical construction is expected to commence. (4) Reapplication. Any management facility with an effective permit shall submit a new application at least 180 days before the expiration date of the effective permit, unless permission for a later date has been granted by the Department. (The Department shall not grant permission for applications to be submitted later than the expiration date of the existing permit.) (5) Recordkeeping. Applicants shall keep records of all data used to complete permit applications and any supplemental information submitted under 40 CFR 270.10(d), 270.13, 270.14 through 270.21 for a period of at least 3 years from the date the application is signed. (6) The requirements of this section are applicable to existing management facilities: (a) An owner or operator of an existing management facility that has not been issued a management facility permit shall comply with the regulations of 40 CFR, Part 265 until final administrative disposition of a permit is made; (b) After September 1, 1985, and until final administrative disposition of a permit under these rules is made, an owner or operator of a management facility that has received a state-issued non-RCRA permit shall comply with the regulations of 40 CFR, Part 265 in those instances where a regulation exists and with the conditions of the permit in those instances where a regulation does not exist. (7) After final administrative disposition of a permit is made, a management facility shall not treat, store or dispose of hazardous waste without a permit issued in accordance with OAR 340, divisions 100 to 106.