7 Del. Admin. Code § 1302-122-B-122.10

Current through Reigster Vol. 28, No. 6, December 1, 2024
Section 1302-122-B-122.10 - General application requirements
(a) Permit application. Any person who is required to have a permit (including new applicants and permittees with expiring permits) shall complete, sign, and submit an application to the Secretary as described in this section and Section 122.70 through Section 122.73. Persons currently authorized with interim status shall apply for permits when required by the Secretary. Persons covered by hazardous waste permits by rule (Section 122.60) need not apply. Procedures for applications, issuance and administration of emergency permits are found exclusively in Section 122.61. Procedures for application, issuance and administration of research, development, and demonstration permits are found exclusively in Section 122.65.
(b) Who applies? When a facility or activity is owned by one person but is operated by another person, it is the operator's duty to obtain a permit, except that the owner must also sign the permit application.
(c) Completeness. The Secretary shall not issue a permit before receiving a complete application for a permit except for permits by rule, or emergency permits. An application for a permit is complete when the Secretary receives an application from and any supplemental information which are completed to his satisfaction. An application for a permit is complete notwithstanding the failure of the owner or operator to submit the exposure information described in paragraph (j) of this section. The Secretary may deny a permit for the active life of a hazardous waste management facility or unit before receiving a complete application for a permit.
(d) Information requirement. All applicants for hazardous waste permits shall provide information set forth in Section 122.13 and applicable sections in Section Section 122.14 - 122.29 to the Secretary, using the application form provided by the Secretary.
(e) Existing HWM facilities and interim status qualifications.
(1) Owners and operators of existing hazardous waste management facilities or of hazardous waste management facilities in existence on the effective date of statutory or regulatory amendments under 7 Del.C., Chapter 63 that render the facility subject to the requirement to have a hazardous waste permit must submit Part A of their permit application no later than:
(i) Six months after the date of publication of regulations which first require them to comply with the standards set forth in Part 265 or 266, or
(ii) Thirty days after the date they first become subject to the standards set forth in Part 265 or 266, whichever first occurs.
(iii) For generators generating greater than 100 kilograms but less than 1000 kilograms of hazardous waste in a calendar month and treats, stores, or disposes of these wastes on-site, by March 24, 1987.
(2) The EPA Administrator may by publication in the FEDERAL REGISTER extend the date by which owners and operators of specified classes of existing hazardous waste management facilities must submit Part A of their permit application if he finds that:
(i) there has been substantial confusion as to whether the owners and operators of such facilities were required to file a permit application; and
(ii) such confusion is attributed to ambiguities in 40 CFR Parts 260, 261, 265, or 266 regulations.
(3) The DNREC Secretary or EPA Administrator may by compliance order issued under 7 Del.C., Section 6309 or RCRA Section 3008 extend the date by which the owner or operator of an existing hazardous waste management facility must submit Part A of their permit application.
(4) The owner or operator of an existing hazardous waste management facility may be required to submit Part B of their permit application. Any owner or operator shall be allowed at least six months from the date of request to submit Part B of the application. Any owner or operator of an existing hazardous waste management facility may voluntarily submit Part B of the application at any time. Notwithstanding the above, any owner or operator of an existing hazardous waste management facility must submit a Part B permit application in accordance with the dates specified in Section 122.73. Any owner or operator of a land disposal facility in existence on the effective date of statutory or regulatory amendments under this Act that render the facility subject to the requirement to have a hazardous waste permit must submit a Part B application in accordance with the dates specified in Section 122.73.
(5) Failure to furnish a requested Part B application on time, or to furnish in full the information required by the Part B application, is grounds for termination of interim status under Part 124.
(6) Notwithstanding the above, any owner or operator of an existing HWM facility must submit a Part B permit application in accordance with the dates specified in Section 122.73. Any owner or operator of a land disposal facility in existence on the effective date of statutory or regulatory amendments under 7 Del.C., Chapter 63 that render the facility subject to the requirement to have a hazardous waste permit must submit a Part B application in accordance with the dates specified in Section 122.73.
(f) New HWM facilities.
(1) Except as provided in paragraph (f)(3) of this section, no person shall begin physical construction of a new HWM facility without having submitted Part A and Part B of the permit application and having received a finally effective hazardous waste permit.
(2) An application for a permit for a new hazardous waste management facility (including both Parts A and Part B) may be filed any time after promulgation of those standards in Part 264, Subpart I et seq. applicable to such facility. Except as provided in paragraph (f)(3) of this section, all applications must be submitted at least 180 days before physical construction is expected to commence.
(3) Notwithstanding paragraph (f)(1) of this section, a person may construct a facility for the incineration of polychlorinated biphenyls pursuant to an approval issued by the Administrator and the Secretary if the Administrator approves under Section (6)(e) of the Toxic Substances Control Act and any person owning or operating such a facility may, at any time after construction or operation of such facility has begun, file an application for a hazardous waste permit to incinerate hazardous waste authorizing such facility to incinerate waste identified or listed under 7 Del.C., Chapter 63.
(g) Updating permit applications.
(1) If any owner or operator of a hazardous waste management facility has filed Part A of a permit application and has not yet filed Part B, the owner or operator shall file an amended Part A application:
(i) With the Secretary no later than the effective date of regulatory provisions listing or designating wastes as hazardous if the facility is treating, storing, or disposing of any of those newly listed or designated waste; or
(ii) As necessary to comply with provisions of Section 122.72 for changes during interim status. Revised Part A applications necessary to comply with the provisions of Section 122.72 shall be filed with the Secretary.
(2) The owner or operator of a facility who fails to comply with the updating requirements of paragraph (g)(1) of this section does not receive interim status as to the wastes not covered by duly filed Part A applications.
(h) Reapplications. Any HWM facility with an effective permit shall submit a new application at least 180 days before the expiration date of the effective permit, unless permission for a later date has been granted by the Secretary. (The Secretary shall not grant permission for applications to be submitted later than the expiration date of the existing permit.)
(i) Recordkeeping. Applicants shall keep records of all data used to complete permit applications and any supplemental information submitted under Section Section 122.10 (d), 122.13, 122.14 - 122.21 for a period of at least 3 years from the date the application is signed.
(j) Exposure information.
(1) After August 8, 1985, any Part B permit application submitted by an owner or operator of a facility that stores, treats, or disposes of hazardous waste in a surface impoundment or a landfill must be accompanied by information, 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, such information must address:
(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 wastes or constituents resulting from the releases described under paragraph (i); and
(iii) The potential magnitude and nature of the human exposure resulting from such releases.
(2) By August 8, 1985, owners and operators of a landfill or a surface impoundment who have already submitted a Part B application must submit the exposure information required in paragraph (j)(1) of this section.
(k) The Secretary may require a permittee or an applicant to submit information in order to establish permit conditions under Section Section 122.32 (b)(2) and 122.50(d) of these regulations.

(Amended June 19, 1992, August 21, 1997, January 1, 1999)

7 Del. Admin. Code § 1302-122-B-122.10