R 299.9504 Operating license application for new facilities; the expansion, enlargement, or alteration of existing facilities; content.

Rule 504. (1) In addition to the information required pursuant to subrule (18) of this rule, all applications for an operating license for a new facility or the expansion, enlargement, or alteration of an existing facility must include all the following items: (a) An application fee or deposit as calculated pursuant to R 299.9507. (b) General information that is required pursuant to 40 CFR 270.13. (c) General information that is required pursuant to 40 CFR 270.14(b) and (d). (d) A hydrogeological report that contains the information required pursuant to R 299.9506. (e) An environmental assessment, including a failure mode assessment that provides an analysis of the potential major methods by which safe handling of hazardous wastes may fail at a treatment, storage, or disposal facility. The owner or operator of a facility that stores, treats, or disposes of hazardous waste in a surface impoundment or a landfill shall include, in the environmental assessment, information that is reasonably ascertainable by the owner or operator on the potential for the public to be exposed to hazardous wastes or hazardous constituents through releases related to the unit. At a minimum, the information must address all the following subjects: (i) Reasonably foreseeable potential releases from both normal operations and accidents at the unit, including releases associated with transportation to or from the unit. (ii) The potential pathways of human exposure to hazardous waste or constituents resulting from the releases described in paragraph (i) of this subdivision. (iii) The potential magnitude and nature of the human exposure resulting from the releases described in paragraph (i) of this subdivision. (f) An environmental monitoring program that complies with R 299.9611. (g) Engineering plans of all process equipment and containment structures at the facility. The plans must be prepared and sealed by a registered professional engineer and include all the following information: (i) Plan views, elevations, sections, and supplementary views that, together with general layout drawings, provide working information for the review of the facility. (ii) Specifications on all construction materials and installation methods. (iii) The basis of design for all process equipment and containment structures. (iv) A flow diagram of the entire treatment, storage, or disposal process. (v) The design capacity of each process. (h) A written summary of the comments received at the preapplication meeting required by R 299.9511(1) and the applicant's response to the comments, including any revisions to the application. (2) Applicants proposing to store containers of hazardous waste shall submit the information required pursuant to 40 CFR 270.15 in an operating license application for a new facility or the expansion, enlargement, or alteration of an existing facility. (3) Applicants proposing to store or treat hazardous waste in tanks shall submit the information required pursuant to 40 CFR 270.16 in an operating license application for a new facility or the expansion, enlargement, or alteration of an existing facility. (4) Applicants proposing to incinerate or thermally treat hazardous waste in a hazardous waste incinerator that becomes subject to the licensing requirements of these rules after October 12, 2005, and applicants of existing hazardous waste incinerators shall submit either of the following in an operating license application for a new facility or the expansion, enlargement, or alteration of an existing facility. If the owner or operator demonstrates compliance with the air emission standards and limitations in 40 CFR part 63, subpart EEE, by conducting a comprehensive performance test and submitting to the director a notification of compliance under 40 CFR 63.1207(j) and 63.1210(b) which documents compliance with all applicable requirements of 40 CFR part 63, subpart EEE, then the requirements of this subrule do not apply, except those provisions the director determines are necessary to ensure compliance with 40 CFR 264.345(a) and (c) if the owner or operator elects to comply with 40 CFR 270.235(a)(1)(i) to minimize emissions of toxic compounds from startup, shutdown, and malfunction events. The director may apply this subrule, on a case-by-case basis, for collecting information pursuant to- subrules (18) and (20) of this rule and R 299.9521(3)(b) and (c): (a) A trial burn plan containing the information listed in 40 C FR270.62 and a statement that suggests the conditions necessary to operate in compliance with the performance standards of 40 CFR 264.343 during the trial burn. The statement must include, at a minimum, restrictions on waste constituents, waste feed rates, and the operating parameters identified in 40 CFR 264.345. (b) In place of a trial burn plan, the information specified in 40 CFR 270.19(c). The director shall approve an application without a trial burn plan if the director determines both of the following: (i) The wastes are sufficiently similar. (ii) The incinerator units are sufficiently similar and the data from other trial burns are adequate to specify operating conditions that will ensure that the performance standards of 40 CFR 264.343 are met by the incinerator. (5) Applicants proposing to treat hazardous waste shall submit all the following information in an operating license application for a new facility or the expansion, enlargement, or alteration of an existing facility: (a) A demonstration of how the method and process proposed for the treatment of each hazardous waste will do any of the following: (i) Change the physical, chemical, or biological character or composition of the waste. (ii) Neutralize the waste. (iii) Recover energy or material resources from the waste. (iv) Render the waste nonhazardous, safer for handling or transport, amenable to recovery, amenable to storage, or reduced in volume. (v) Chemically bind or render the toxic constituents nonhazardous rather than only diluted. (b) The proper treatment technique, the proper feed rates of treatment chemicals or reagents, and the proper operating conditions, such as temperature, pressure, and flow rate, for the types of hazardous wastes proposed for treatment, and the accuracy of the devices intended to measure these parameters. (c) If the hazardous waste or treatment chemicals or reagents will have any detrimental effect on the materials used for construction, such as causing corrosion, dissolution, saltings, or sealings. If detrimental effects are possible, then the method of controlling them must be specified. (d) If the hazardous waste contains any constituents or contaminants that may interfere with the intended treatment process or decrease the effectiveness of the treatment and, if so, how the interferences will be controlled. (e) If the hazardous waste contains constituents or contaminants that may cause the release of toxic gases or fumes during the intended treatment and, if so, how they will be controlled. (f) If the hazardous waste contains constituents or contaminants that may form toxic constituents with the treatment chemicals or reagents during the intended treatment and, if so, how they will be controlled. (g) Trial tests, including bench scale, pilot plant scale, or other appropriate tests, on each hazardous waste that is new or significantly different from hazardous waste previously treated to verify the information required in subdivision (b) of this subrule. (6) Applicants proposing to treat or store hazardous wastes in surface impoundments shall submit the following information in an operating license application for a new facility or the expansion, enlargement, or alteration of an existing facility: (a) The information required for surface impoundments pursuant to 40 CFR 270.17. (b) Information on the proposed liner, leachate collection, and leak detection, collection, and removal systems, as specified in R 299.9505. (7) Applicants proposing to treat or store hazardous waste in waste piles shall submit the following information in an operating license application for a new facility or the expansion, enlargement, or alteration of an existing facility: (a) The information required for waste piles pursuant to 40 CFR 270.18. (b) For new waste piles, information on the proposed liner, leachate collection, and leak detection, collection, and removal systems, as specified in R 299.9505. (8) Applicants proposing to landfill hazardous waste shall submit all the following information in an operating license application for a new facility or the expansion, enlargement, or alteration of an existing facility: (a) The information required for landfills pursuant to 40 CFR 270.21. (b) Information on the proposed liner, leachate collection, and leak detection, collection, and removal systems, as specified in R 299.9505. (c) Detailed engineering plans and an engineering report describing the final cover that will be applied to the landfill or each landfill cell pursuant to R 299.9619. (9) Applicants proposing to dispose of hazardous wastes by land treatment shall submit the information required pursuant to 40 CFR 270.20 in an operating license application for a new facility or the expansion, enlargement, or alteration of an existing facility. (10) Applicants proposing facilities that treat, store, or dispose of hazardous waste in miscellaneous units shall submit the information required pursuant to 40 CFR 270.23 in an operating license application for a new facility or the expansion, enlargement, or alteration of an existing facility. (11) Applicants proposing facilities that store or dispose of hazardous waste in an underground mine or cave shall submit all the following information in an operating license application for a new facility or the expansion, enlargement, or alteration of an existing facility: (a) A geologic report that contains the following information: (i) For the receiving formation and other formations that are within 30 feet above and below the receiving formation, an applicant shall provide all the following information: (A) The depth from the surface. (B) Thickness. (C) Permeability. (D) Solubility. (E) Reactivity. (F) Compatibility. (G) Composition. This information must be obtained by performing not less than 5 borings for the first 5 acres of the entire mine or cave and 3 borings for each additional 5 acres. Each boring site must consist of a ceiling boring and a floor boring. (ii) For the formations that are overlying the receiving formation for a lateral extent of not less than 5 miles from the facility boundary, an applicant shall provide all the following information: (A) The depth from the surface. (B) Thickness. (C) Composition. (D) The identification of water, oil, or gas-bearing formations. This information must be obtained from existing geological information and reports. (b) An assessment of the potential for water intrusion into the mine or cave. This assessment must be used in the evaluation pursuant to R 299.9628(3)(a). (c) Information on the means of transporting waste from any surface operation to the final disposal or storage area in the receiving formation and information on the means of preventing the release of hazardous constituents during transportation. (d) An assessment of the structural stability of the mine or cave. (e) Information on the proposed means of controlling the use, access, and penetration of the mine or cave. (f) A demonstration that a sufficient buffer zone or other control exists to ensure that off-site activities will not adversely impact the integrity of the mine or cave. (g) A proposed means of correlating waste placement locations to surface locations and a waste placement map. (h) A proposed means of managing water in the mine or cave to maintain the integrity of the mine or cave and protect human health and the environment throughout the facility's active life and after closure of the facility. (12) Applicants proposing hazardous waste treatment, storage, or disposal facilities that have process vents to which R 299.9630 applies shall submit the information required pursuant to 40 CFR 270.24 in an operating license application for a new facility or the expansion, enlargement, or alteration of an existing facility. (13) Applicants proposing hazardous waste treatment, storage, or disposal facilities that have equipment to which R 299.9631 applies shall submit the information required pursuant to 40 CFR 270.25 in an operating license application for a new facility or the expansion, enlargement, or alteration of an existing facility. (14) Applicants proposing treatment, storage, or disposal facilities that collect, store, or treat hazardous waste on drip pads shall submit the information required pursuant to 40 CFR 270.26 in an operating license application for a new facility or the expansion, enlargement, or alteration of an existing facility. (15) Applicants proposing to burn hazardous waste in a boiler or industrial furnace shall submit the information required pursuant to 40 CFR 270.22 in an operating license application for a new facility or the expansion, enlargement, or alteration of an existing facility. (16) Applicants proposing hazardous waste treatment, storage, or disposal facilities that have tanks, surface impoundments, or containers to which R 299.9634 applies shall submit the information required pursuant to 40 CFR 270.27 in an operating license application for a new facility or the expansion, enlargement, or alteration of an existing facility. (17) Operating license applications for a new facility or the expansion, enlargement, or alteration of an existing facility must be signed and certified pursuant to 40 CFR 270.11. In addition, the application must be signed by the titleholder of the land upon which the facility is proposed to be located. (18) The director may require a licensee or applicant to submit additional information to establish license conditions pursuant to R 299.9521. (19) A licensee or applicant may demonstrate to the director, or the director’s designee, that less information than that specified in this rule is necessary to determine conformance with the requirements of part 6 of these rules and establish license conditions pursuant to this part. If the licensee or applicant demonstrates that less information is required, the director, or the director’s designee, shall waive the information requirement, except that the director, or the director’s designee, shall not require less information than is required by RCRA. (20) If the director concludes, based on 1 or more of the factors listed in 40 CFR 270.10(l)(1), that compliance with the standards of 40 CFR part 63, subpart EEE, alone may not be protective of human health or the environment, the director shall require additional information or assessments to determine if additional controls are necessary to ensure protection of human health and the environment. This includes information necessary to evaluate the potential risk to human health or the environment resulting from both direct and indirect exposure pathways. The director may also require a licensee or applicant to provide the information necessary to determine if an assessment should be required. (21) The provisions of 40 CFR 264.343, 264.345, 266.102(e), 266.104 to 266.107, 270.10(l)(1), 270.11, 270.13, 270.14(b) and (d), 270.15, 270.16, 270.17, 270.18, 270.19(c), 270.20, 270.21, 270.22, 270.23, 270.24, 270.25, 270.26, 270.27, 270.62, 270.66, and 270.235(a)(1)(i) are adopted by reference in R 299.11003, with the exception that the term "waste management unit" replaces the term "solid waste management unit." Editor's Note: An obvious error in R 299.9504 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Michigan Register, 2025 MR 8. The memorandum requesting the correction was published in Michigan Register, 2025 MR 13.