Cal. Code Regs. Tit. 22, § 66268.5 - Procedures for Case-By-Case Extensions to an Effective Date
(a) Any person who generates, treats, stores,
or disposes of a hazardous waste may submit an application to the Department,
for non-RCRA hazardous wastes, or the U.S. EPA Administrator, for RCRA
hazardous wastes, for an extension to the effective date of any applicable
restriction established under article 3 of this chapter.
(b) For hazardous waste subject to RCRA land
disposal restrictions set forth in article 4 of this chapter, the applicant
shall petition the U.S. EPA Administrator for a case-by-case extension pursuant
to 40 CFR section
268.5. Within 30 days after the applicant has
received from the U.S. EPA Administrator an approved petition for a
case-by-case extension, the applicant shall submit to the Department a copy of
the approved case-by-case extension.
(c) For hazardous waste listed in section
66268.29 of this chapter subject
to non-RCRA land disposal restrictions set forth in article 11 of this chapter,
the applicant shall petition the Department for a case-by-case extension
pursuant to this section. Each applicant for an extension shall demonstrate
that all of the following conditions apply to the waste.
(1) The hazardous waste cannot be recycled,
reused, or treated to meet the standards adopted by the Department pursuant to
section
25179.6,
California Health and Safety Code, at a commercial off-site hazardous waste
facility in the state.
(2)
Recycling or treatment alternatives cannot be provided at the site of
generation.
(3) Measures have been,
or will be, taken to reduce the generation of the hazardous waste.
(4) Land disposal of the hazardous waste is
in compliance with all existing statutes and regulations.
(5) Circumstances beyond the control of the
applicant, such as delays in the issuance of a permit, have prevented the
development of the needed capacity by the date established under this
chapter.
(d) An extension
will apply only to the waste generated at the individual facility covered by
the application and will not apply to restricted waste from any other
facility.
(e) On the basis of the
information referred to in subsections (a), (b), and (c) of this section, the
Department may grant an extension of up to 1 year from the effective date. The
Department may renew this extension for up to 1 additional year upon the
request of the applicant if the demonstration required in subsections (a), (b),
and (c) of this section can still be made. In no event will an extension extend
beyond 24 months from the applicable effective date specified in article 3 of
chapter 18. The length of any extension authorized will be determined by the
Department based on the time required to construct or obtain the type of
capacity needed by the applicant.
(f) Any person granted an extension under
this section shall immediately notify the Department as soon as the person has
knowledge of any change in the conditions certified to in the
application.
(g) Any person granted
an extension under this section shall submit written progress reports to the
Department at intervals designated by the Department. Such reports shall
describe the overall progress made toward constructing or otherwise providing
alternative treatment, recovery or disposal capacity, shall identify any event
which may cause or has caused a delay in the development of the capacity, and
shall summarize the steps taken to mitigate the delay. The Department can
revoke the extension at any time if the applicant does not demonstrate a
good-faith effort to meet the schedule for completion, if the Department denies
or revokes any required permit, if conditions certified in the application
change, or for any violation of this division.
(h) Whenever the Department establishes an
extension to an effective date under this section, during the period for which
such extension is in effect:
(1) the storage
restrictions under section
66268.50(a) do
not apply; and
(2) such hazardous
waste may be disposed in a landfill or surface impoundment only if such unit is
in compliance with the technical requirements of the following provisions
regardless of whether such unit is existing, new or a replacement or lateral
expansion:
(A) the landfill, if in interim
status, is in compliance with the requirements of article 6 of chapter 15 and
section 66265.301(a), (c), and
(d) of this division; or,
(B) the landfill, if permitted, is in
compliance with the requirements of article 6 of chapter 14 and section
66264.301(c), (d) and
(e) of this division;
(C) the surface impoundment, if in interim
status, is in compliance with the requirements of article 6 of chapter 15,
section 66265.221(a), (c), and
(d) of this division, and RCRA section
3005(j)(1); or
(D) the surface
impoundment, if permitted, is in compliance with the requirements of article 6
of chapter 14 and section
66264.221(c), (d) and
(e) of this division and California Health
and Safety Code, division 20, chapter 6.5 article 9.5;
(E) as consistent with state law, the surface
impoundment, if newly subject to RCRA section 3005(j)(1) (42 U.S.C. section
6925(j)(1)) due to the
promulgation of additional listings or characteristics for the identification
of hazardous waste, is in compliance with the requirements of article 6 of
chapter 15 within 12 months after the promulgation of additional listings or
characteristics of hazardous waste, and the requirements of section
66265.221(a), (c) and
(d) of this division within 48 months after
the promulgation of additional listings or characteristics of hazardous waste.
If a national capacity variance is granted, during the period the variance is
in effect, the surface impoundment, if newly subject to RCRA section 3005(j)(1)
(42 U.S.C. section
6925(j)(1)) due to the
promulgation of additional listings or characteristics of hazardous waste, is
in compliance with the requirements of article 6 of chapter 15 within 12 months
after the promulgation of additional listings or characteristics of hazardous
waste, and with the requirements of section
66265.221(a), (c) and
(d) of this division within 48 months after
the promulgation of additional listings or characteristics of hazardous waste;
or
(F) the landfill, if disposing
of containerized liquid hazardous wastes containing PCBs at concentrations
greater than or equal to 50 ppm but less than 500 ppm, is also in compliance
with the requirements of 40
CFR section 761.75 and chapters 14 and 15 of
this division.
(i) Pending a decision on the application,
the applicant is required to comply with all restrictions on land disposal
under this chapter once the effective date for the waste has been
reached.
(j) After receiving an
application for an extension, the Department may request any additional
information which it deems necessary to evaluate the application. Within 45
days of the receipt of the application, the Department shall inform the
applicant, in writing, that the application is complete and accepted for
filing, or that the application is deficient and what specific information is
required.
(k) The Department shall
make a decision on an application for an extension within 120 days of the
filing of a completed application.
Notes
2. Editorial correction amending subsection designator from (f)(9) to (g) (Register 92, No. 49).
3. New subsection (h)(2)(E) and subsection lettering filed 1-31-96; operative 1-31-96 (Register 96, No. 5).
4. Amendment of subsections (a)-(c) and (e)-(g) filed 7-23-97; operative 8-22-97 (Register 97, No. 30).
Note: Authority cited: Sections 208, 25150, 25159 and 25179.6, Health and Safety Code. Reference: Sections 25150, 25159, 25159.5 and 25179.8, Health and Safety Code; 40 CFR Section 268.5; Section 15376, Government Code.
2. Editorial correction amending subsection designator from (f)(9) to (g) (Register 92, No. 49).
3. New subsection (h)(2)(E) and subsection lettering filed 1-31-96; operative 1-31-96 (Register 96, No. 5).
4. Amendment of subsections (a)-(c) and (e)-(g) filed 7-23-97; operative 8-22-97 (Register 97, No. 30).
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