Section 128-12-003 - Interim status003.01 Qualifying for interim status 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: 003.01A1 Complied with the requirements of Chapter 4 pertaining to notification of hazardous waste activity; and003.01A2 Complied with the requirements of Chapter 13, 001 and 005, governing the submission of a Part A application.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.003.02 Operation during interim status003.02A During the interim status period the facility shall not: 003.02A1 Treat, store, or dispose of hazardous waste not specified in Part A of the permit application;003.02A2 Employ processes not specified in Part A of the permit application; or003.02A3 Exceed the design capacities specified in Part A of the permit application.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 22.003.03 Changes during interim status 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:003.03C1 It is necessary to prevent a threat to human health or the environment because of an emergency situation; or003.03C2 The change is necessary to comply with a Federal, State, or local requirement.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: 003.03G1 Made solely for the purpose of complying with requirements of 40 CFR 265.193, as incorporated by reference in Chapter 22, 010 for tanks and ancillary equipment.003.03G2 If necessary to comply with Federal, State, or local requirements, changes to an existing unit, changes solely involving tanks or containers, or addition of replacement surface impoundments that satisfy the standards of Section 3004(o).003.03G3 Changes that are necessary to allow owners or operators to continue handling newly listed or identified hazardous wastes that have been treated, stored, or disposed of at the facility prior to the effective date of the rule establishing the new listing or identification.003.03G4 Changes necessary to comply 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 proceeding brought by EPA or an authorized State, provided that such changes are limited to the treatment, storage, or disposal of solid waste from releases that originate within the boundary of the facility.003.03G5 To treat or store in containers, tanks or containment buildings, hazardous waste subject to land disposal restrictions imposed by Chapter 20 of this Title or RCRA section 3004, provided that such changes are made solely for the purpose of complying with Chapter 20 of this Title or RCRA section 3004.003.03G6 Addition of newly regulated units under Section 003.03F of this chapter.003.03G7 Changes during closure of a facility or a unit within a facility made in accordance with an approved closure plan.003.03G8 Changes necessary to comply with standards under 40 CFR part 63, Subpart EEE-National Emission Standards for Hazardous Air Pollutants from Hazardous Waste Combustors.003.04 Termination of interim status Interim status terminates when:
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:003.04C1 Submits a Part B application for a hazardous waste permit for such facility within 12 months of the date on which the facility first becomes subject to such permit requirement; and003.04C2 Certifies that such facility is in compliance with all applicable ground water monitoring and financial responsibility requirements.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, 1988.128 Neb. Admin. Code, ch. 12, § 003