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(7) Continuation of expiring permits.
(a) When the owner/operator submits a timely application for a final facility permit and the application is determined by the department to be complete pursuant to subsection (8) of this section, the facility is allowed to continue operating under the expiring or expired permit until the effective date of the new permit.
(b) When the facility is not in compliance with the conditions of the expiring or expired permit, the department may choose to do any of the following:
(i) Initiate enforcement action based upon the permit which has been continued;
(ii) Issue a notice of intent to deny the new permit. If the permit is denied, the owner or operator would then be required to cease the activities authorized by the continued permit or be subject to enforcement action for operating without a permit;
(iii) Issue a new permit with appropriate conditions; and/or
(iv) Take other actions authorized by this chapter.
(8) Completeness. The department will not issue a final facility permit before receiving a complete application, except for permits by rule or emergency permits. An application for a permit is complete when the department receives an application form and any supplemental information which are completed to the department's satisfaction. The department may consider an application for a permit to be complete notwithstanding the failure of the owner or operator to submit the exposure information described in subsection (12) of this section. The department may deny a permit for the active life of a dangerous waste management facility or unit before receiving a complete application for a permit.
(9) Recordkeeping. Applicants must keep records of all data used to complete the permit applications, and any supplemental information submitted to the department for a period of at least three years from the date the application is signed.
(10) General permit conditions. All final facility permits will contain general permit conditions described in WAC
173-303-810.
(11) Permit duration.
(a) Final facility permits will be effective for a fixed term not to exceed ten years.
(b) The department may issue any final facility permit for a duration that is less than the full allowable term.
(c) The term of a final facility permit will not be extended beyond ten years, unless otherwise authorized under subsection (7) of this section.
(d) Each permit for a land disposal facility will be reviewed by the department five years after the date of permit issuance or reissuance and will be modified as necessary, as provided in WAC
173-303-830(3).
(12) Exposure information. Any Part B permit application submitted by an owner or operator of a facility that stores, treats, or disposes dangerous 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 dangerous wastes or dangerous constituents through releases related to the unit. At a minimum, such information must address:
(a) Reasonably foreseeable potential releases from both normal operations and accidents at the unit, including releases associated with transportation to or from the unit;
(b) The potential pathways of human exposure to dangerous waste or constituents resulting from the releases described under (a) of this subsection; and
(c) The potential magnitude and nature of the human exposure resulting from such releases.
(13) Grounds for denial. A permit application will be denied pursuant to the procedures in WAC
173-303-840 if it is determined that the proposed location and/or activity endangers public health and the environment as demonstrated by the permit applicant's failure to satisfy the performance standards of WAC
173-303-283.
(14) Permit changes. All final facility permits will be subject to the requirements of permit changes, WAC
173-303-830.
(15) Procedures for decision making. Issuance of final facility permits will be subject to the procedures for decision making described in WAC
173-303-840.
(16) Other requirements for final recycling facility permits. In lieu of issuing a final recycling facility permit, the department may, after providing opportunity for public comment in accordance with WAC
173-303-840, defer to a permit already issued under other statutory authority administered by the department (such as the State Water Pollution Control Act, chapter
90.48 RCW, the State Clean Air Act, chapter
70.94 RCW, etc.) which incorporates the requirements of this section, and WAC
173-303-500 through
173-303-525 for recycling facilities.
(17)(a) If the department concludes, based on one or more of the factors listed in (a)(i) through (ix) of this subsection, that compliance with the standards of 40 C.F.R. Part 63, Subpart EEE alone may not be protective of human health or the environment, the department will require the additional information or assessment(s) necessary to determine whether additional controls are necessary to ensure protection of human health and the environment. This includes information necessary to evaluate the potential risk to human health and/or the environment resulting from both direct and indirect exposure pathways. The department may also require a permittee or applicant to provide information necessary to determine whether such an assessment(s) should be required.
The department will base the evaluation of whether compliance with the standards of 40 C.F.R. Part 63, Subpart EEE alone is protective of human health or the environment on factors relevant to the potential risk from a hazardous waste combustion unit, including, as appropriate, any of the following factors:
(i) Particular site-specific considerations such as proximity to receptors (such as schools, hospitals, nursing homes, day care centers, parks, community activity centers, or other potentially sensitive receptors), unique dispersion patterns, etc.;
(ii) Identities and quantities of emissions of persistent, bioaccumulative or toxic pollutants considering enforceable controls in place to limit those pollutants;
(iii) Identities and quantities of nondioxin products of incomplete combustion most likely to be emitted and to pose significant risk based on known toxicities (confirmation of which should be made through emissions testing);
(iv) Identities and quantities of other off-site sources of pollutants in proximity of the facility that significantly influence interpretation of a facility-specific risk assessment;
(v) Presence of significant ecological considerations, such as the proximity of a particularly sensitive ecological area;
(vi) Volume and types of wastes, for example wastes containing highly toxic constituents;
(vii) Other on-site sources of hazardous air pollutants that significantly influence interpretation of the risk posed by the operation of the source in question;
(viii) Adequacy of any previously conducted risk assessment, given any subsequent changes in conditions likely to affect risk; and
(ix) Such other factors as may be appropriate.
(b) Reserved.
[Statutory Authority: Chapter
70.105,
70.105D RCW and Subtitle C of RCRA. WSR 20-20-045 (Order 19-07), § 173-303-806, filed 9/30/20, effective 10/31/20. Statutory Authority: Chapter
70.105 RCW. WSR 15-01-123 (Order 13-07), § 173-303-806, filed 12/18/14, effective 1/18/15. Statutory Authority: Chapters
70.105 and
70.105D RCW. WSR 09-14-105 (Order 07-12), § 173-303-806, filed 6/30/09, effective 7/31/09. Statutory Authority: Chapters
70.105, 70.105D, and
15.54 RCW and RCW
70.105.007. WSR 04-24-065 (Order 03-10), § 173-303-806, filed 11/30/04, effective 1/1/05. Statutory Authority: Chapters
70.105 and
70.105D RCW. WSR 03-07-049 (Order 02-03), § 173-303-806, filed 3/13/03, effective 4/13/03. Statutory Authority: Chapters
70.105, 70.105D,
15.54 RCW and RCW
70.105.007. WSR 00-11-040 (Order 99-01), § 173-303-806, filed 5/10/00, effective 6/10/00. Statutory Authority: Chapters
70.105 and
70.105D RCW. WSR 98-03-018 (Order 97-03), § 173-303-806, filed 1/12/98, effective 2/12/98; WSR 95-22-008 (Order 94-30), § 173-303-806, filed 10/19/95, effective 11/19/95; WSR 94-01-060 (Order 92-33), § 173-303-806, filed 12/8/93, effective 1/8/94. Statutory Authority: Chapters
70.105 and
70.105D RCW, 40 C.F.R. Part 271.3 and RCRA § 3006 (42 U.S.C. 3251). WSR 91-07-005 (Order 90-42), § 173-303-806, filed 3/7/91, effective 4/7/91. Statutory Authority: RCW
43.21A.080 and
70.105.210 et seq. WSR 90-20-016, § 173-303-806, filed 9/21/90, effective 10/22/90. Statutory Authority: Chapter
70.105 RCW. WSR 89-02-059 (Order 88-24), § 173-303-806, filed 1/4/89; WSR 88-18-083 (Order 88-29), § 173-303-806, filed 9/6/88; WSR 88-07-039 (Order 87-37), § 173-303-806, filed 3/11/88; WSR 87-14-029 (Order DE-87-4), § 173-303-806, filed 6/26/87; WSR 86-12-057 (Order DE-85-10), § 173-303-806, filed 6/3/86; WSR 84-09-088 (Order DE 83-36), § 173-303-806, filed 4/18/84.]