ARSD 74:28:26:01. Requirements to permit a treatment, storage, or disposal facility

The requirements to permit a treatment, storage, or disposal facility are set forth in 40 C.F.R. §§ 270.1 to 270.320, inclusive, except §§ 270.1(c)(2)(ix) and 270.14(b)(18); and Appendix I to § 270.42; 40 C.F.R. §§ 124.1(b); 124.2(a); 124.3(a); 124.5(a); 124.5(c); 124.6(a), (b), (d), and (e); 124.11; 124.31(b), (c), and (d); 124.32(b) and (c); 124.33(b) to (f); and §§ 124.200 to 124.214, inclusive; 40 C.F.R. §§ 144.31(g)(1) to (3), inclusive; all as incorporated by § 74:28:21:01.01. Any interested person may contest the issuance of a permit by following the procedures listed in chapter 74:09:01. The requirements for a pre-application public meeting and notice found in 40 C.F.R. § 124.31, as incorporated by § 74:28:21:01.01, apply to all hazardous waste permit applications seeking initial permits for hazardous waste management units, to hazardous waste permit applications seeking coverage under a standardized permit under 40 C.F.R. 270 Subpart J, as incorporated by § 74:28:21:01.01, and to hazardous waste permit applications seeking renewal of permits if the renewal application is proposing a significant change in facility operations. A significant change to the hazardous waste permit is any change that is considered a Class 3 permit modification under 40 C.F.R. Part 270, as incorporated by § 74:28:21:01.01. A significant change to the standardized permit is defined at 40 C.F.R. § 124.211(c), as incorporated by § 74:28:21:01.01. The requirements of this paragraph for a pre-application public meeting and notice do not apply to hazardous waste permit applications or permit modifications that are submitted for the sole purpose of conducting post-closure activities or post-closure activities and corrective action at a facility. The requirements for public notice during the application stage found in 40 C.F.R. § 124.32, as incorporated by § 74:28:21:01.01, apply to all hazardous waste permit applications seeking initial permits for hazardous waste management units and to applications seeking renewal of permits for the units under 40 C.F.R. § 270.51, as incorporated by § 74:28:21:01.01. The requirements for public notice at the application stage do not apply to hazardous waste units permitted under a standardized permit under 40 C.F.R. Part 270 Subpart J, as incorporated by § 74:28:21:01.01; to hazardous waste permit modifications under 40 C.F.R. § 270.42, as incorporated by § 74:28:21:01.01; or to applications submitted for the sole purpose of conducting post-closure activities or post-closure and corrective action at a facility. The requirement for an information repository found in 40 C.F.R. § 124.33, as incorporated by § 74:28:21:01.01, applies to all applications seeking a hazardous waste permit for hazardous waste management units.