Interim Status Facilities

(1) Qualifying for Interim Status. (a) Any person who owns or operates an "existing hazardous waste management facility” or a facility in existence on the effective date of statutory or regulatory amendments under M.G.L. c. 21C that render the facility subject to the requirement to have a license pursuant to 310 CMR 30.800 shall have interim status to the extent the owner or operator has: 1. complied with the requirements of 310 CMR 30.060 pertaining to notification of hazardous waste activity; and 2. complied with the requirements of 310 CMR 30.099(2) governing submission of Part A applications. (b) If the EPA has granted interim status prior to September 15, 1989, then such status shall continue until terminated pursuant to 310 CMR 30.099(12) or a determination or order of the Department. (c) Failure to qualify for interim status. If the Department has reason to believe upon examination of a part A application that it fails to meet the requirements of 40 CFR § 270.13 as adopted and amended at 310 CMR 30.099(3), it shall notify the owner or operator in writing of the apparent deficiency. Such notice shall specifythe grounds for the Department’s belief that the application is deficient. The owner or operator shall have 30 days from receipt to respond to such a notification and to explain or cure the alleged deficiency in the part A application. If, after such notification and opportunity for response, the Department determines that the application is deficient it may take appropriate enforcement action. (d) 310 CMR 30.099 shall not apply to any facility which has been previously denied a RCRA permit or license or if authority to operate the facility under RCRA or M.G.L. c. 21C has been previously terminated. (2) Submittal of Part A Applications. (a) Owners and operators of an existing hazardous waste management facilityor of a facility in existence on the effective date of statutory or regulatory amendments under M.G.L. c. 21C that render the facility subject to the requirement to have a license pursuant to 310 CMR 30.800 shall submit Part A of their license application no later than: 1. six months after the date of publication of regulations which first require them to comply with the standards set forth in 310 CMR 30.500 through 30.900, or 2. 30 days after the date they first become subject to the standards set forth in 310 CMR 30.500 through 900, whichever first occurs. (b) Any person submitting a Part A application shall: 1. provide the Department with the information set forth in 40 CFR 270.13, as adopted at 310 CMR 30.099(3); 2. use the form prescribed by the Department; and 3. complete, sign and submit the application to the Department in compliance with 310 CMR 30.807. (3) Content of a Part A Application. 40 CFR 270.13 is hereby incorporated by reference subject to the following additions, modifications, and exceptions: (a) In 40 CFR 270.13(a),“permit,” is substituted with “license”; (b) In 40 CFR 270.13(j), the phrase “under 40 CFR part 261” is hereby replaced with “in 310 CMR 30.100”; and (c) In 40 CFR 270.13(k)(9), the references to “permits” are hereby modified to reference “permits or licenses”. (4) Operation During Interim Status. (a) Unless allowed under 310 CMR 30.099(5), during the interim status period the facility shall not: 1. treat, store, or dispose of hazardous waste not specified in the Part A license application; 2. employ processes not specified in Part A of the license application; or 3. exceed the design capacities specified in the Part A license application. (b) During interim status, owners or operators shall comply with the interim status standards at 310 CMR 30.099, including the standards of 40 CFR part 265, as adopted and amended at 310 CMR 30.099(6). (5) Changes During Interim Status. (a) Except as provided in 310 CMR 30.099(5)(b), the owner or operator of an interim status facility may make the following changes at the facility: 1. Treatment, storage, or disposal of newly listed or identified hazardous wastes not previously identified in Part A of these license application (and addition of the units being used to treat, store, or dispose of these hazardous wastes on the effective date of the listing or identification) if the owner or operator submits a revised part A license application prior to such 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 license application prior to such a change (along with a justification explaining the need for the change) and the Department approves the changes because: a. There is a lack of available 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 treatment, storage, or disposal of hazardous waste or addition of processes if the owner or operator submits a revised Part A license application prior to such 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 public health, safety, welfare or 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 license application no later than 90 days prior to the scheduled change. When a transfer of operational control of a facility occurs, the old owner or operator shall comply with the requirements of 310 CMR 30.099(6)(c) (Financial Requirements for interim status facilities), until the new owner or operator has demonstrated to the Department that he is complying with the requirements of that subpart. The new owner or operator must demonstrate compliance with 310 CMR 30.099(6)(c) within six months of the date of the change in ownership or operational control of the facility. Upon demonstration to the Department by the new owner or operator of compliance with subpart H, the Department shall notify the old owner or operator in writing that he no longer needs to comply with subpart H 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 EPA under section 3008(h) or other Federal authority, by an authorized State under comparable State authority, or by a court in a judicial action brought by EPA or by an authorized State. Changes pursuant to 310 CMR 30.099(5) are limited to the treatment, storage, or disposal of hazardous waste or constituents of hazardous 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 license application on or before the date on which the unit becomes subject to the new requirements. (b) Except as specifically allowed pursuant to 310 CMR 30.099(5)(b), changes listed pursuant to 310 CMR 30.099(5)(a) may not be made if they amount to reconstruction of the hazardous waste management facility. Reconstruction occurs when the capital investment in the changes to the facility exceeds 50% of the capital cost of a comparable entirely new hazardous waste management facility. If all other requirements are met, the following changes may be made even if they amount to a reconstruction: 1. Changes made solely for the purposes of complying with the requirements of 310 CMR 30.694 for tanks and ancillary equipment. 2. If necessary to comply with Federal, State, or local requirements, changes to an existing unit, changes solely involving tanks or containers, or addition of replacement surface impoundments that satisfy the standards of RCRA § 3004(o). 3. Changes that are necessary to allow owners or operators to continue handling newly listed or identified hazardous wastes that have been treated, stored, or disposed of at the facility prior to the effective date of the rule establishing the new listing or identification. 4. Changes during closure of a facility or of a unit within a facility made in accordance with an approved closure plan. 5. Changes necessary to comply with an interim status corrective action order issued by EPA under § 3008(h) or other Federal authority, bycorrective action undertaken pursuant to M.G.L. c. 21C or M.G.L. c. 21E, or by a court in a judicial proceeding brought by EPA or an authorized State, provided that such changes are limited to the treatment, storage, or disposal of hazardous waste or constituents of hazardous waste from releases that originate within the boundary of the facility. 6. Changes to treat or store, in tanks, containers or containment buildings, hazardous wastes subject to land disposal restrictions imposed by 310 CMR 30.750 or RCRA § 3004, provided that such changes are made solely for the purpose of complying with 310 CMR 30.750 or RCRA § 3004. 7. Addition of newly regulated units described in 310 CMR 30.099(5)(a)6. 8. Changes necessary to comply with standards under 40 CFR part 63, Subpart EEE—National Emission Standards for Hazardous Air Pollutants From Hazardous Waste Combustors. (6) Until a final license decision takes effect pursuant to 310 CMR 30.838, an interim status facility shall at all times comply with each of the following: (a) 310 CMR 30.502 through 310 CMR 30.579 subject to the following modifications: 1. In lieu of the specific licensed facility documentation requirements of 310 CMR 30.513(2)(a)5., the owner or operator of an interim status facility shall comply with the applicable Waste Analysis Plan requirements established pursuant to 310 CMR 30.099(6)(f) through (p) and 310 CMR 30.750. 2. In lieu of 310 CMR 30.542(2)(g), the following information shall be recorded, as it becomes available, and maintained in the operating record until closure of the facility, or for at least three years after the information is recorded in the operating record of the facility, whichever period is longer: Records and results of waste analysis, waste determinations, and trial tests performed as specified in 310 CMR 30.099(6)(f) through (p), and 310 CMR 30.750. (b) 40 CFR Part 265 Subpart G [Closure and Post-closure] subject to the following provisions: 1. The Department shall approve, modify, or disapprove a proposed closure plan within a reasonable time after its receipt by the Department. If the Department does not approve the plan, the Department shall provide the owner or operator with a detailed written statement of reasons for the Department's not approving the plan. Not later than 30 days after receiving said statement, the owner or operator shall submit a new or modified closure plan to the Department. Within a reasonable time after receiving said new or modified closure plan, the Department shall approve, modify, or disapprove it. If the Department modifies the plan, this modified plan (i.e. as modified by the Department) shall be the approved closure plan. 2. Such facility's closure plan shall describe how and when each hazardous waste management unit at the facility shall be closed during the facility's intended operating life, and how the facility as a whole shall be closed at the end of its intended operating life. The plan shall identify how the requirements of 40 CFR Subpart G, as adopted and amended at 310 CMR 30.099(6)(b), shall be complied with. The facility's closure plan need not describe when the facility as a whole shall be closed, except that the facility's closure plan shall describe when the facility as a whole shall be closed if: a. the facility's closure plan has not been approved by the Department, or b. the facility's remaining operating life is less than 20 years, and the facility is using a trust fund to demonstrate financial assurance for closure pursuant to 310 CMR 30.904. 3. An owner or operator who does not have an approved closure plan shall submit a closure plan to the Department and an owner or operator who is subject to post-closure requirements and who does not have an approved post-closure plan shall submit a post- closure plan to the Department, as follows: a. at least 180 days prior to the date on which he or she expects to begin closure of the first surface impoundment, waste pile, land treatment unit, or landfill, or final closure of the facility if it involves such a unit, whichever is earlier; or b. at least 45 days prior to the date on which he or she expects to begin final closure of a facility with only tanks, container storage, or incinerator units. 4. The date on which the owner or operator "expects to begin . . . closure" shall be no later than 30 days after the date on which any hazardous waste management unit receives the known final volume of hazardous waste. 5. An owner or operator with an approved closure plan shall notify the Department in writing: a. at least 60 days prior to the date on which he or she expects to begin closure of a surface impoundment, waste pile, landfill, or land treatment unit, or final closure of a facility involving such a unit; or b. at least 45 days prior to the date on which he or she expects to begin final closure of a facility with only tanks, container storage, or incinerator units. 6. The Department shall approve, modify, or disapprove a proposed post-closure plan within a reasonable time after its receipt by the Department. If the Department does not approve the plan, the Department shall provide the owner operator with a detailed written statement of reasons for the Department's not approving the plan. Not later than 30 days after receiving said statement, the owner or operator shall submit a new or modified post- closure plan to the Department. Within a reasonable time after receiving said new or modified post-closure plan, the Department shall approve, modify, or disapprove it. If the Department modifies the plan, this modified plan (i.e. as modified by the Department) shall be the approved post-closure plan. 7. For the purposes of groundwater monitoring during closure and post closure, the owner or operator of an interim status facility shall comply with all applicable provisions of 310 CMR 30.099(6)(d). 8. In lieu of 40 CFR 265.111, 265.114, 265.115, and 265.120, the requirements of 310 CMR 30.582: Closure Performance Standards, 30.585: Disposal or Decontamination of Equipment, 30.587(2) and (3): Completion and Certification of Closure, and 30.596(2) and (3): Completion and Certification of Post-closure Care shall apply. (c) 310 CMR 30.900, provided that: 1. a surety bond guaranteeing performance of closure shall not be acceptable for the purpose of complying with 310 CMR 30.904, and 2. a surety bond guaranteeing performance of post-closure care shall not be acceptable for the purpose of complying with 310 CMR 30.906. (d) 40 CFR Part 265, Subpart F: Groundwater Monitoring, as in effect on July 1, 2005, excluding 40 CFR §§ 265.90(c) and 265.90(e) unless written approval for a waiver pursuant to said provisions is granted by the Department. The owner or operator or a stand-by surface impoundment which is designed and operated solely for the containment of hazardous waste in the event of an emergency at the facility (e.g., equipment failure or overflows) may apply to the Department, in writing, for a waiver from all or part of the groundwater monitoring requirements of 40 CFR Part 265, Subpart F. Notwithstanding any provision of 310 CMR 30.099(6) or 310 CMR 30.660: Groundwater Protection, the Department may require the owner or operator of any facility subject to the requirements of 310 CMR 30.099(6) to comply with, and such owner or operator shall comply with, all or part of 310 CMR 30.660: Groundwater Protection if the Department determines that such action is appropriate to protect public health, safety or welfare or the environment; (e) 40 CFR Part 265, Subpart I: Use and Management of Containers, as in effect on July 1, 2005, provided that the owner or operator shall also comply with 310 CMR