001.03A Small quantity generators and large quantity generators who accumulate hazardous waste on-site for less than the time periods provided in Chapter 9, 008 and in Chapter 10, 004.02, respectively;

001.03B Farmers who dispose of hazardous waste pesticides from their own use on their own land, as provided in Chapter 10, 007;

001.03C Persons who own or operate facilities solely for the treatment, storage, or disposal of hazardous waste excluded from regulations by Chapter 2, 008, 009, and 011 through 013 or Chapter 8;

001.03D Owners or operators of totally enclosed treatment facilities as defined in Chapter 1;

001.03E Owners or operators of an elementary neutralization unit or a wastewater treatment unit as defined in Chapter 1;

001.03F Transporters storing manifested shipments of hazardous waste in containers meeting the requirements of Chapter 10, 003 at a transfer facility for a period of 10 days or less; and

001.03G Persons combining absorbent material and waste in a container provided that these actions occur at the time waste is first placed in the container, and 40 CFR 264.17(b), 264.171, and 264.172 as incorporated by reference in Chapter 21, 002 and 009 are complied with.

001.03H Universal waste handlers and universal waste transporters managing the wastes described in Chapter 25. These handlers are subject to regulation under Chapter 25.

001.03I For the purposes of this Chapter and Chapter 15 (Permit Issuance):

001.04A Permits by rule.
001.04B Emergency permits. In the event the Director finds an imminent and substantial endangerment to human health or the environment, the Director may issue a temporary emergency permit to a facility to allow treatment, storage, or disposal of hazardous waste. This emergency permit may be issued to a non-permitted facility or one whose existing permit does not cover the activity for which application for the emergency permit is made. This emergency permit:
001.04C Incinerator permits. For the purposes of determining feasibility of compliance with the incinerator performance standard and determining adequate incinerator operating conditions in Chapter 21, the Director may establish requirements, give approvals or issue trial burn permits pursuant to the conditions and requirements of 40 CFR 270.62 which are hereby adopted and incorporated herein by reference.

001.04D Permits for Land Treatment demonstrations using the field test or laboratory analyses may be issued pursuant to the conditions and requirements of 40 CFR 270.63, which are hereby adopted and incorporated herein by reference.

001.04E Permits for Research, Development and Demonstration Facilities may be issued pursuant to the conditions and requirements of 40 CFR 270.65, which are hereby adopted and incorporated herein by reference.

001.04F Permits for Boilers and Industrial Furnaces burning hazardous waste may be issued pursuant to the conditions and requirements of 40 CFR 270.66, which are hereby adopted and incorporated herein by reference.

001.04G Remedial Action Plans (RAPs) are special forms of permits that are regulated under Section 004 of this Chapter.

001.05A A person is not required to obtain a permit under these regulations for treatment or containment activities taken during immediate response to any of the following situations:
001.05B Any person who continues or initiates hazardous waste treatment or containment activities after the immediate response is over is subject to all applicable permit requirements under these regulations.

002.01A Become effective by state or federal statute;

002.01B Are promulgated under Chapter 20, restricting the placement of hazardous wastes in or on the land;

002.01C Are promulgated under Chapter 21 regarding leak detection systems for new and replacement surface impoundment, waste pile, and landfill units, and lateral expansions of surface impoundment, waste pile, and landfill units. The leak detection system requirements include double liners, CQA programs, monitoring, action leakage rates, and response action plans, and will be implemented through the procedures of Chapter 15 Class 1 permit modifications; or

002.01D Are promulgated under Chapter 22, Sections 019 through 021 limiting air emissions.

002.01E However, a permit may be modified, revoked and reissued, or terminated for cause during its term as set forth in Chapter 15, 012.

003.01A Any person who owns or operates an "existing HWM facility" or a facility in existence on the effective date of statutory or regulatory amendments under the State Act that render the facility subject to the requirement to have a permit under these regulations shall have interim status and shall be treated as having been issued a permit to the extent he or she has:

003.01B Failure to qualify for interim status. If the Director has reason to believe upon examination of a Part A application that it fails to meet the requirements of Chapter 13, 012 the owner or operator shall be notified in writing of the apparent deficiency. Such notice shall specify the grounds for the Director's belief that the application is deficient. The owner or operator shall have 30 days from receipt to respond to such notification and to explain or cure the alleged deficiency in the Part A application. If, after such notification and opportunity for response, the Director determines that the application is deficient, appropriate enforcement action may be taken.

003.01C Section 003.01A of this Chapter shall not apply to any facility which has been previously denied a hazardous waste permit or if authority to operate the hazardous waste facility has been previously terminated.

003.02A During the interim status period the facility shall not:
003.02B Interim status standards. During interim status, owners or operators shall comply with the Interim Status Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities in Chapter 22.

003.03A New hazardous wastes not previously identified in Part A of the permit application (and, in the case of newly listed or identified wastes, addition of the units being used to treat, store, or dispose of the hazardous wastes on the effective date of the listing or identification) may be treated, stored, or disposed of at a facility if the owner or operator submits a revised Part A permit application prior to such a change, and the Director approves the change.

003.03B Increases in the design capacity of processes used at a facility may be made if the owner or operator submits a revised Part A permit application prior to such a change (along with a justification explaining the need for the change) and the Director approves the change because of a lack of available treatment, storage, or disposal capacity at other hazardous waste management facilities, or the change is necessary to comply with Federal, State, or local requirements.

003.03C Changes in the processes for the treatment, storage, or disposal of hazardous waste may be made at a facility or additional processes may be added if the owner or operator submits a revised Part A permit application prior to such a change (along with a justification explaining the need for the change) and the Director approves the change because:
003.03D Changes in the ownership or operational control of a facility may be made if the new owner or operator submits 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 40 CFR Part 265, Subpart H (financial requirements) as incorporated by reference in Chapter 22, 008, until the new owner or operator has demonstrated to the Director compliance with the requirements of Subpart H. The new owner or operator must demonstrate compliance with Subpart H requirements within six months of the date of the change in the ownership or operational control of the facility. Upon demonstration to the Director by the new owner or operator of compliance with Subpart H, the Director shall notify the old owner or operator in writing that compliance with Subpart H is no longer necessary as of the date of the demonstration. All other interim status duties are transferred effective immediately upon the date of the change of ownership or operational control of the facility.

003.03E 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 under this section are limited to the treatment, storage, or disposal of solid waste from releases that originate within the boundary of the facility.

003.03F Addition of newly regulated units for the treatment, storage, or disposal of hazardous waste if the owner or operator submits a revised part A permit application on or before the date on which the unit becomes subject to the new requirements.

003.03G In no event shall changes be made to a facility during interim status which amount to reconstruction of the facility. Reconstruction occurs when the capital investment in the changes to the facility exceeds fifty percent of the capital cost of a comparable entirely new facility. Changes prohibited under this paragraph do not include changes:

003.04A Final administrative disposition of a permit application, except an application for a remedial action plan (RAP) under Section 004 of this Chapter, is made.

003.04B Interim status is terminated as provided in 40 CFR
270.10(e)(5) as incorporated by reference in Chapter 13, 005.

003.04C For owners or operators of each land disposal facility which is in existence on the effective date of statutory or regulatory amendments under the State Act that render the facility subject to the requirement to have a hazardous waste permit and which is granted interim status, twelve months after the date on which the facility first becomes subject to such permit requirement unless the owner or operator of such facility:
003.04D For owners or operators of any land disposal unit that is granted authority to operate under Sections 003.03A through 003.03C, on the date 12 months after the effective date of such requirement, unless the owner or operator certifies that such unit is in compliance with all applicable ground water monitoring and financial responsibility requirements.

003.04E For owners or operators of each incinerator facility interim status terminates on November 8, 1989, unless the owner or operator of the facility submits a Part B application for a hazardous waste permit for an incinerator facility by November 8, 1986.

003.04F For owners or operators of any facility (other than a land disposal or an incinerator facility) which has achieved interim status prior to November 8, 1984, interim status terminates on November 8, 1992, unless the owner or operator of the facility submits a Part B application for a RCRA permit for the facility by November 8, 1988.