R 299.9601 Applicability; relationship to interim status standards.

Rule 601. (1) The standards in this part apply to owners and operators of all facilities that treat, store, or dispose of hazardous waste, except as otherwise specifically provided in these rules. (2) Treatment, storage, or disposal facilities that are authorized to operate under these rules and that have not been issued or reissued an operating license after the effective date of these rules shall comply with all the following rules: (a) R 299.9602. (b) R 299.9607. (c) R 299.9609. (d) R 299.9610. (e) R 299.9613(2) to (6). (f) R 299.9614. (g) R 299.9615. (h) R 299.9623. (i) R 299.9627. (j) R 299.9629. (k) R 299.9635. (l) R 299.9636. (m) R 299.9637. (n) R 299.9638. (o) R 299.9639. (3) In addition to the requirements specified in subrule (2) of this rule, the following persons shall comply with 40 CFR 260.4 and 260.5 and the interim status standards of 40 CFR part 265, except subparts D, H, I, J, O, and DD, and 40 CFR 265.70, 265.73 to 265.77, 265.112(d)(1), 265.115, and 265.120. (a) An owner or operator of an existing facility that treats, stores, or disposes of hazardous waste that has fully complied with the requirements for interim status under section 3005(e) of RCRA, 42 USC 6925, and 40 CFR 270.10, until final administrative disposition of the owner's or operator's permit application pursuant to RCRA or until an operating license is issued or reissued to the owner or operator after the effective date of these rules. (b) An owner or operator of a facility that is in existence on November 19, 1980, or that is in existence on the effective date of amendments to part 111 or these rules that render it subject to the licensing requirements of part 111 that has failed to provide timely notification as required by section 3010(a) of RCRA, 42 USC 6930, or failed to file part A of the permit application as required under 40 CFR 270.10(e) and (g). (4) The requirements of this part apply to a person that disposes of hazardous waste by means of underground injection subject to a permit issued pursuant to an underground injection control program approved or promulgated under the federal safe drinking water act only to the extent that these requirements are included in R 299.9503(3)(a). (5) The requirements of this part apply to the owner or operator of a publicly owned treatment works that treats, stores, or disposes of hazardous waste only to the extent that these requirements are included in R 299.9503(3)(b). (6) The standards in this part do not apply to those persons that are listed in R 299.9503(1) and (2), except as otherwise specified by those subrules. (7) Except as noted in this subrule, part 6 of the rules does not apply to owners and operators of hazardous waste incinerator facilities identified in subrule (2) of this rule if the owner or operator demonstrates compliance with the maximum achievable control technology standards of 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) that documents compliance with the requirements of 40 CFR part 63, subpart EEE. The maximum achievable control technology standards of 40 CFR part 63, subpart EEE, do not supersede the requirements of R 299.9608 to R 299.9610 and part 7 of these rules, and 40 CFR part 265, subparts A to D, F, G, BB, and CC. (8) Notwithstanding other provisions of these rules, enforcement actions may be brought pursuant to section 11148 of the act, MCL 324.11148. (9) 40 CFR 260.4, 260.5, and 270.10 and 40 CFR part 265, except subparts H, O, and DD, and 40 CFR 265.70, 265.73 to 265.77, 265.112(d)(1), 265.115, and 265.120, are adopted by reference in R 299.11003. Where 40 CFR parts 264, 265, and 270 are referenced in this part, the term "director" replaces the term "regional administrator", and the term "operating license" replaces the term "permit." For the purposes of adoption, the term "site identification number" replaces the term "EPA identification number," the term "R 299.9629" replaces the term "§264.101(a)," the term "part 5 of these rules" replaces the term "§270.1(c)(7)," and the term "R 299.9703(8) and R 299.9710(17)" replaces the term "§265.140(d)," and the term "R 299.9612 and R 299.9629" replaces the term "§§264.91 through 264.100."