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(continued)
(2) H&SC, section 25205.7, application processing fee requirements.
(3) section 66264.11, Identification Number.
(4) section 66264.14, Security Requirements.
(5) section 66264.15, General Inspection Requirements.
(6) section 66264.17, General Requirements for Ignitable, Reactive, or Incompatible Wastes.
(7) section 66264.114, Disposal or Decontamination of Equipment, Structures and Soils.
(8) sections 66264.117, 66264.118, 66264.119, and 66264.120, post closure requirements.
(9) section 66264.143, Financial Assurance for Closure.
(10) chapter 14 of this division:
(A) article 5. Manifest System, Recordkeeping and Reporting (except for sections 66264.73(b)(2), 66264.73(b)(6), 66264.73(b)(7), 66264.73(b)(15) and 66264.75;
(B) article 9. Use and Management of Containers; and
(C) article 10. Tank Systems.
(11) chapter 15, article 17; Chemical, Physical, and Biological Treatment
(12) section 66270.42, Permit Modification at the Request of the Permittee.
(m) If treatment is conducted in containers and/or tanks, the owner or operator of TTU shall comply with the containment requirements of sections 66264.175 and 66264.193, respectively.
(n) The owner or operator of the TTU shall maintain the TTU Standardized Permit and the documents specified in subsections (g), (j) and (k) of this section at the site or facility where the TTU is operating. The owner or operator shall make these documents available upon demand at the site or facility to any representative of the Department, the U.S. Environmental Protection Agency or a local governmental agency.

Note: Authority cited: Sections 25150 and 58012, Health and Safety Code. Reference: Sections 25150 and 25200.2, Health and Safety Code.





s 66270.68. [Reserved]





s 66270.69. Standardized Permit.
(a) Notwithstanding any other provisions of this division, offsite treatment or storage activities, other than those specified in paragraphs (1) through (3) of this section, that do not require a permit under the federal act may be eligible for a standardized permit pursuant to section 25201.6 of the Health and Safety Code. The following are not eligible for a standardized permit:
(1) used oil recycling activities as defined in Health and Safety Code section 25250.1;
(2) recycling or reclamation of federally regulated solvents identified by EPA hazardous waste numbers F001, F002, F003, F004 and F005 pursuant to 40 CFR section 261.31.
(3) units that are not authorized to operate pursuant to Title 22, California Code of Regulations, Division 4.5, Chapter 14 or Chapter 15 that engage in incineration, thermal destruction or land disposal activities.
(b) Each hazardous waste treatment or storage facility conducting activities pursuant to a standardized permit shall be designated as a Series A, Series B or Series C standardized permit facility as defined in Health and Safety Code section 25201.6.
(c) A facility that performs activities that meet the criteria for more than one of the standardized permit series shall be classified as the highest of the applicable series.

Note: Authority cited: Sections 25150, 25201.6, 58004 and 58012, Health and Safety Code. Reference: Sections 25150, 25201.6 and 25250.1, Health and Safety Code.





s 66270.70. Qualifying for Interim Status.
(a) 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 Act that render the facility subject to the requirement to have a permit shall have interim status and shall be treated as having been issued a permit to the extent the owner or operator has:
(1) complied with the requirements of Health and Safety Code section 25153.6 pertaining to notification of hazardous waste activity. Existing facilities not required to file a notification under Health and Safety Code section 25153.6 shall qualify for interim status by meeting subsection (a)(2) of this section;
(2) complied with the requirements of section 66270.10 governing a submission of Part A applications.
(b) When the Department determines on examination or reexamination of a Part A application that it fails to meet the standards of these regulations, it shall notify the owner or operator in writing that the application is deficient, and specify the grounds for the Department's belief that the application is deficient. The Department may also notify the owner or operator that the owner or operator is therefore not entitled to interim status. The owner or operator will then be subject to enforcement for operating without a permit.
(c) Subsection (a) of this section shall not apply to any facility which has been previously denied a permit or if authority to operate the facility has been previously terminated.

Note: Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 270.70.





s 66270.71. Operation During Interim Status.
(a) During the interim status period the facility shall not:
(1) transfer, treat, store, or dispose of hazardous waste not specified in Part A of the permit application;
(2) employ processes not specified in Part A of the permit application; or
(3) exceed the design capacities specified in Part A of the. permit application.
(b) Interim status standards. During interim status, owners or operators shall comply with the interim status standards in chapter 15 of this division.

Note: Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159, 25159.5 and 25200.5, Health and Safety Code; 40 CFR Section 270.71.





s 66270.72. Changes During Interim Status.
(a) Except as provided in subsection (b) of this section, the owner or operator of an interim status facility may make the following changes at a facility:
(1) transfer, treatment, storage, or disposal of 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 transfer, treat, store or dispose of the hazardous wastes on the effective date of the listing or identification) if the owner or operator submits and receives Department approval of a revised Part A permit application prior to such transfer, treatment, storage or disposal;
(2) increases in the design capacity of processes used at the facility 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 Department approves the change because:
(A) there is a lack of available transfer, treatment, storage, or disposal capacity at other hazardous waste management facilities, or
(B) the change is necessary to comply with a Federal, State, or local requirement;
(3) changes in the processes for the transfer, treatment, storage, or disposal of hazardous waste or addition of processes 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 Department approves the change because:
(A) the change is necessary to prevent a threat to human health and the environment because of an emergency situation, or
(B) the change is necessary to comply with a Federal, State, or local requirement;
(4) changes in the ownership or operational control of a facility 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 chapter 15, article 8 (Financial Requirements) of this division, until the new owner or operator has demonstrated to the Department compliance with the requirements of that article. The new owner or operator shall demonstrate compliance with article 8 requirements within six months of the date of the change in the ownership or operational control of the facility. Upon demonstration to the Department by the new owner or operator of compliance with article 8, the Department shall notify the old owner or operator in writing that it no longer needs to comply with article 8 as of the date of demonstration. All other interim status duties are transferred effective immediately upon the date of the change in ownership or operational control of the facility;
(5) changes made in accordance with an interim status corrective action order issued by the USEPA under 42 U.S.C. section 6928(h) or other Federal authority, by the Department under article 8, commencing with section 25180, of chapter 6.5 of division 20 of the Health and Safety Code, or by a court in a judicial action brought by the USEPA or by the Department. Changes under this subsection are limited to the transfer, treatment, storage, or disposal of solid waste from releases that originate within the boundary of the facility.
(6) 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.
(b) Except as specifically allowed under this subsection, changes listed under subsection (a) of this section shall not be made if they amount to reconstruction of the hazardous waste management facility. Reconstruction occurs when the capital investment in the changes to the facility exceeds 50 percent of the capital cost of a comparable entirely new hazardous waste management facility. If all other requirements are met, the following changes may be made even if they amount to a reconstruction:
(1) changes made solely for the purposes of complying with the requirements of section 66265.193 for tanks and ancillary equipment;
(2) 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 42 U.S.C. section 6924(o);
(3) changes that are necessary to allow owners or operators to continue handling newly listed or identified hazardous wastes that have been transferred, treated, stored, or disposed of at the facility prior to the effective date of the rule establishing the new listing or identification;
(4) changes during closure of a facility or of a unit within a facility made in accordance with an approved closure plan;
(5) changes necessary to comply with an interim status corrective action order issued by the USEPA under 42 U.S.C. section 6928(h) or other Federal authority, by the Department under article 8, commencing with section 25180, of chapter 6.5 of division 20 of the Health and Safety Code, or by a court in a judicial proceeding brought by the USEPA or the Department, provided that such changes are limited to transfer, treatment, storage, or disposal of solid waste from releases that originate within the boundary of the facility;
(6) changes to transfer, treat or store, in tanks, containers, or containment buildings, hazardous wastes subject to land disposal restrictions imposed by chapter 18 of this division or 42 U.S.C. section 6924, provided that such changes are made solely for the purpose of complying with chapter 18 of this division or 42 U.S.C. section 6924.
(7) Addition of newly regulated units under subsection (a)(6) of this section.

Note: Authority cited: Sections 25150, 25159, 25159.5, 25179.6, 58004 and 58012, Health and Safety Code. Reference: Sections 25159, 25159.5 and 58012, Health and Safety Code; 40 CFR Section 270.72.





s 66270.73. Termination of Interim Status.
Interim status terminates when:
(a) final administrative disposition of a permit application is made; or
(b) interim status
is terminated as provided in section 66270.10(e)(3);
(c) for owners or operators of each land disposal facility which has been granted interim status prior to November 8, 1984, on November 8, 1985, unless one of the following applies:
(1) part A of the facility's permit application specifies that only non-RCRA hazardous waste will be disposed of at the facility; or
(2) the owner or operator of the facility does both of the following:
(A) submits a Part B application for a permit for such facility prior to that date; and
(B) certifies that such facility is in compliance with all applicable ground-water monitoring and financial responsibility requirements;
(d) for owners or operators of each land disposal facility which is in existence on the effective date of statutory or regulatory amendments under the Health and Safety Code that render the facility subject to the requirement to have a permit and which is granted interim status, twelve months after the date on which the facility first becomes subject to such permit requirement unless one of the following applies:
(1) part A of the facility's permit application specifies that only non-RCRA hazardous waste will be disposed of at the facility; or
(2) the owner or operator of the facility does both of the following:
(A) submits a Part B application for a permit for such facility before the date 12 months after the date on which the facility first becomes subject to such permit requirement; and
(B) certifies that such facility is in compliance with all applicable ground water monitoring and financial responsibility requirements;
(e) for owners or operators of any land disposal unit that is granted authority to operate under section 66270.72(a)(1), (2) or (3), on the date 12 months after the effective date of such requirement, unless one of the following applies:
(1) Part A of the facility's permit application specifies that only non-RCRA hazardous waste will be disposed of at the facility; or
(2) the owner or operator certifies that such unit is in compliance with all applicable ground water monitoring and financial responsibility requirements;
(f) for owners or operators of each incinerator facility which has achieved interim status prior to November 8, 1984, interim status terminates on November 8, 1989, unless one of the following applies:
(1) Part A of the facility's permit application specifies that only non-RCRA hazardous waste will be incinerated at the facility; or
(2) the owner or operator of the facility submits a Part B application for a permit for an incinerator facility by November 8, 1986;
(g) 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 one of the following applies:
(1) Part A of the facility's permit application specifies that only non-RCRA hazardous wastes will be transferred, treated, or stored at the facility; or
(2) the owner or operator of the facility submits a Part B application for a permit for the facility by November 8, 1988.

Note: Authority cited: Sections 25150, 25159, 25159.5, 58004 and 58012, Health and Safety Code. Reference: Sections 25159, 25159.5, 25200.5 and 25200.7, Health and Safety Code and 40 CFR Section 270.73.





Appendix I.
Classification of Permit Modifications

Modifications Class
A. General Permit Provisions
1. Administrative and informational changes. 1
2. Correction of typographical errors. 1
3. Equipment replacement or upgrading with functionally equivalent 1
components (e.g., pipes, valves, pumps, conveyors, controls).
4. Changes in the frequency of or procedures for monitoring,
reporting, sampling, or maintenance activities by the permittee:
a. To provide for more frequent monitoring, reporting, sampling, or 1
maintenance.
b. Other changes. 2
Modifications Class
5. Schedule of compliance:
a. Changes in interim compliance dates, with prior approval of the 1 [FNa-
Department. 1]
b. Extension of final compliance date. 3
6. Changes in expiration date of permit to allow earlier permit 1 [FNa-
termination, with prior approval of the Department. 1]
7. Changes in ownership or operational control of a facility, provided 1 [FNa-
the procedures of section 66270.40(b) are followed. 1]
B. General Facility Standards
1. Changes to waste sampling or analysis methods:
a. To conform with Department guidance or regulations. 1
b. To incorporate changes associated with F039 (multi- source 1 [FNa-
leachate) sampling or analysis methods 1]
c. To incorporate changes associated with underlying hazardous 1 [FNa-
constituents in ignitable or corrosive wastes 1]
d. Other changes. 2
2. Changes to analytical quality assurance/control plan:
a. To conform with Department guidance or regulations. 1
b. Other changes. 2
3. Changes in procedures for maintaining the operating record. 1
4. Changes in frequency or content of inspection schedules. 2
5. Changes in the training plan:
a. That affect the type or decrease the amount of training given to 2
employees.
b. Other changes. 1
6. Contingency plan:
a. Changes in emergency procedures (i.e., spill or release response 2
procedures).
b. Replacement with functionally equivalent equipment, upgrade, or 1
relocate emergency equipment listed.
c. Removal of equipment from emergency equipment list. 2
d. Changes in name, address, or phone number of coordinators or other 1
persons or agencies identified in the plan.
7. Construction quality assurance plan:
a. Changes that the CQA officer certifies in the operating record will 1
provide equivalent or better certainty that the unit components meet
the design specifications.
b. Other changes 2
Note: When a permit modification (such as introduction of a new unit)
requires a change in facility plans or other general facility
standards, that change shall be reviewed under the same procedures
as the permit modification.
C. Water Quality and Environmental Protection
1. Changes to monitoring points:
a. Changes in the number, location, depth, or design of monitoring 2
points or background monitoring points of a permitted water quality
or environmental monitoring system.
b. Replacement of an existing monitoring point that has been damaged 1
or rendered inoperable, without change to location, design, or depth
of the monitoring point.
2. Changes in a water quality or environmental sampling or analytical 1 [FNa-
procedure or monitoring schedule, with prior approval of the 1]
Department.
3. Changes in statistical procedure for determining whether a 1
statistically significant change in water quality or environmental
quality between monitoring points and background monitoring points
has occurred, with prior approval of the Department.
4. Changes in the point of compliance. 2
5. Changes in constituents of concern, monitoring parameters, or
concentration limits:
a. As specified in the water quality or environmental protection 3
standard.
Modifications Class
b. As specified for a detection monitoring program. 2
6. Detection monitoring program:
a. Addition of a detection monitoring program as required by sections 3
66264.99(f)(3) and 66264.100(i)(3).
b. Changes to a detection monitoring program as required by section 2
66264.98(l) or (m) or section 66264.706(f), unless otherwise
specified in this Appendix.
7. Evaluation or Compliance monitoring program:
a. Addition of an evaluation monitoring program as required by 3
sections 66264.91(a)(2) or (a)(3).
b. Changes to an evaluation monitoring program as required by section 2
66264.99(h) or (i), unless otherwise specified in this Appendix.
c. Addition of a compliance monitoring program as required by section 3
66264.701(a)(1).
d. Changes to a compliance monitoring program as required by section 2
66264.707(e), unless otherwise specified in this Appendix.
8. Corrective action program:
a. Addition of a corrective action program as required by section 3
66264.91(a)(4) or 66264.701(a)(2).
b. Changes to a corrective action program as required by section 2
66264.100(k) or (1) or section 66264.708(h), unless otherwise
specified in this Appendix.
D. Closure
1. Changes to the closure plan:
a. Changes in estimate of maximum extent of operations or maximum 1 [FNa-
inventory of waste on-site at any time during the active life of the 1]
facility, with prior approval of the Department.
b. Changes in the closure schedule for any unit, changes in the final 1 [FNa-
closure schedule for the facility, or extension of the closure 1]
period, with prior approval of the Department.
c. Changes in the expected year of final closure, where other permit 1 [FNa-
conditions are not changed, with prior approval of the Department. 1]
d. Changes in procedures for decontamination of facility equipment or 1 [FNa-
structures, with prior approval of the Department. 1]
e. Changes in approved closure plan resulting from unexpected events 2
occurring during partial or final closure, unless otherwise
specified in this Appendix.
f. Extension of the closure period to allow a landfill, surface 2
impoundment, or land treatment unit to receive non-hazardous wastes
after final receipt of hazardous wastes under sections 66264.113(d)
and (e) of chapter 14.
2. Creation of a new landfill unit as part of closure. 3
3. Addition of the following new units to be used temporarily for
closure activities:
a. Surface impoundments. 3
b. Incinerators. 3
c. Waste piles that comply with the following requirements: 2
-the waste pile is inside or under a structure that provides
protection from precipitation so that neither run-off nor leachate
is generated,
-liquids or materials containing free liquids are not placed in the
waste pile,
-the waste pile is protected from surface water run-on by the
structure or in some other manner,
-the waste pile is designed and operated to control dispersal of the
waste by wind, where necessary, by means other than wetting, and
-the waste pile shall not generate leachate through decomposition or
other reactions.
d. Waste piles that do not comply with the requirements of D(3)(c) of 3
this Appendix.
e. Tanks or containers (other than specified below). 2
f. Tanks used for neutralization, dewatering, phase separation, or 1 [FNa-
component separation, with prior approval of the Department. 1]
E. Post-Closure
1. Changes in name, address, or phone number of contact in 1
post-closure plan.
2. Extension of post-closure care period. 2
3. Reduction in the post-closure care period. 3
4. Changes to the expected year of final closure, where other permit 1
conditions are not changed.
5. Changes in post-closure plan necessitated by events occurring 2
during the active life of the facility, including partial and final
closure.
F. Containers
1. Modification or addition of container units:
a. Resulting in greater than 25% increase in the facility's container 3
storage capacity, except as provided in F(1)(c) and F(4)(a) below.
b. Resulting in up to 25% increase in the facility's container storage 2
capacity, except as provided in F(1)(c) and F(4)(a) below.
c. Or treatment processes necessary to treat wastes that are 1 [FNa-
restricted from land disposal to meet some or all of the applicable 1]
treatment standards or to treat wastes to satisfy (in whole or in
part) the standard of "use of practically available technology that
yields the greatest environmental benefit" contained in section
66268.8(a)(2)(B), with prior approval of the Department. This
modification may also involve addition of new waste codes or
narrative descriptions of wastes. It is not applicable to
dioxin-containing wastes (F020, 021, 022, 023, 026, 027, and 028).
2. a. Modification of a container unit without increasing the capacity 2
of the unit.
b. Addition of a roof to a container unit without alteration of the 1
containment system.
3. Storage of different wastes in containers, except as provided in
F(4) below:
a. That require additional or different management practices from 3
those authorized in the permit.
b. That do not require additional or different management practices 2
from those authorized in the permit.
Note: See section 66270.42(g) for modification procedures to be used
for the management of newly listed or identified wastes.
4. Storage or treatment of different wastes in containers:
a. That require addition of units or change in treatment process or 1
management standards, provided that the wastes are restricted from
land disposal and are to be treated to meet some or all of the
applicable treatment standards, or that are to be treated to satisfy
(in whole or in part) the standard of "use of practically available
technology that yields the greatest environmental benefit" contained
in section 66268.8(a)(2)(B). This modification is not applicable to
dioxin-containing wastes (F020, 021, 022, 023, 026, 027, and 028).
b. That do not require the addition of units or a change in the 1
treatment process or management standards, and provided that the
units have previously received wastes of the same type (e.g.,
incinerator scrubber water). This modification is not applicable to
dioxin-containing wastes (F020, 021, 022, 023, 026, 027, and 028).
5. Modifications to conform to the Department's changes in empty 2
container management practices.
6. Other changes in container management practices (e.g., aisle space; 2
types of containers; segregation).
G. Tanks. 1
1.
a. Modification or addition of tank units resulting in greater than 3
25% increase in the facility's tank capacity, except as provided in
G(1)(c), G(1)(d), and G(1)(e) below.
b. Modification or addition of tank units resulting in up to 25% 2
increase in the facility's tank capacity, except as provided in
G(1)(d) and G(1)(e) below.
c. Addition of a new tank that will operate for more than 90 days 2
using any of the following physical or chemical treatment
technologies: neutralization, dewatering, phase separation, or
component separation.
d. After prior approval of the Department, addition of a new tank that 1 [FNa-
will operate for up to 90 days using any of the following physical 1]
or chemical treatment technologies: neutralization, dewatering,
phase separation, or component separation.
e. Modification or addition of tank units or treatment processes 1 [FNa-
necessary to treat wastes that are restricted from land disposal to 1]
meet some or all of the applicable treatment standards or to treat
wastes to satisfy (in whole or in part) the standard of "use of
practically available technology that yields the greatest
environmental benefit" contained in section 66268.8(a)(2)(B), with
prior approval of the Department. This modification may also involve
addition of new waste codes. It is not applicable to
dioxin-containing wastes (F020, 021, 022, 023, 026, 027, and 028).
2. Modification of a tank unit or secondary containment system without 2
increasing the capacity of the unit.
3. Replacement of a tank with a tank that meets the same design 1
standards and has a capacity within +/- 10% of the replaced tank
provided:
-The capacity difference is no more than 1500 gallons,
-The facility's permitted tank capacity is not increased and
-The replacement tank meets the same conditions in the permit.
4. Modification of a tank management practice. 2
5. Management of different wastes in tanks:
a. That require additional or different management practices, tank 3
design, different fire protection specifications, or significantly
different tank treatment process from that authorized in the permit,
except as provided in G(5)(c) below.
b. That do not require additional or different management practices, 2
tank design, different fire protection specifications, or
significantly different tank treatment process than those authorized
in the permit, except as provided in G(5)(d) below.
c. That require addition of units or change in treatment processes or 1 [FNa-
management standards, provided that the wastes are restricted from 1]
land disposal and are to be treated to meet some or all of the
applicable treatment standards or that are to be treated to satisfy
(in whole or in part) the standard of "use of practically available
technology that yields the greatest environmental benefit" contained
in section 66268.8(a)(2)(B). This modification is not applicable to
dioxin-containing wastes (F020, 021, 022, 023, 026, 027, and 028).
d. That do not require the addition of units or a change in the 1
treatment process or management standards, and provided that the
units have previously received wastes of the same type (e.g.,
incinerator scrubber water). This modification is not applicable to
dioxin-containing wastes (F020, 021, 022, 023, 026, 027, and 028).
Note: See section 66270.42(g) for modification procedures to be used
for the management of newly listed or identified wastes.
H. Surface Impoundments
1. Modification or addition of surface impoundment units that result 3
in increasing the facility's surface impoundment storage or
treatment capacity.
2. Replacement of a surface impoundment unit. 3
3. Modification of a surface impoundment unit without increasing the 2
facility's surface impoundment storage or treatment capacity and
without modifying the unit's liner, leak detection system, or
leachate collection system.
4. Modification of a surface impoundment management practice. 2
5. Treatment, storage, or disposal of different wastes in surface
impoundments:
a. That require additional or different management practices or 3
different design of the liner or leak detection system than
authorized in the permit.
b. That do not require additional or different management practices or 2
different design of the liner or leak detection system than
authorized in the permit.
c. That are wastes restricted from land disposal that meet the 1
applicable treatment standards or that are treated to satisfy the
standard of "use of practically available technology that yields the
greatest environmental benefit" contained in section 66268(a)(2)(B),
and provided that the unit meets the minimum technological
requirements stated in section 66268.5(h)(2). This modification is
not applicable to dioxin-containing wastes (F020, 021, 022, 023,
026, 027, and 028).
d. That are residues from wastewater treatment or incineration, 1
provided that disposal occurs in a unit that meets the minimum
technological requirements stated in section 66268.5(h)(2), and
provided further that the surface impoundment has previously
received wastes of the same type (for example, incinerator scrubber
water). This modification is not applicable to dioxin-containing
wastes (F020, 021, 022, 023,026, 027, and 028).
6. Modifications of unconstructed units to comply with sections 1 [FNa-
66264.221(c), 66264.222, 66264.223, and 66264.226(d) 1]
7. Changes in response action plan:
a. Increase in action leakage rate 3
b. Change in a specific response reducing its frequency or 3
effectiveness.
c. Other changes 2
Note: See section 66270.42(g) for modification procedures to be used
for the management of a newly listed or identified wastes.
I. Enclosed Waste Piles
For all waste piles except those complying with the requirements of
D(3)(c) of this Appendix, modifications are treated the same as for
a landfill. The following modifications are applicable only to waste
piles complying with D(3)(c) of this Appendix.
1. Modification or addition of waste pile units:
a. Resulting in greater than 25% increase in the facility's waste pile 3
storage or treatment capacity.
b. Resulting in up to 25% increase in the facility's waste pile 2
storage or treatment capacity.
2. Modification of waste pile unit without increasing the capacity of 2
the unit.
3. Replacement of a waste pile unit with another waste pile unit of 1
the same design and capacity and meeting all waste pile conditions
in the permit.
4. Modification of a waste pile management practice. 2
5. Storage or treatment of different wastes in waste piles:
a. That require additional or different management practices or 3
different design of the unit.
b. That do not require additional or different management practices or 2
different design of the unit.
6. Conversion of an enclosed waste pile to a containment building 2
unit.
Note: See section 66270.42(g) for modification procedures to be used
for the management of newly listed or identified wastes.
J. Landfills and Unenclosed Waste Piles
1. Modification or addition of landfill units that result in 3
increasing the facility's disposal capacity.
2. Replacement of a landfill. 3
3. Addition or modification of a liner, leachate collection system, 3
leachate detection system, run-off control, or final cover system.
4. Modification of a landfill unit without changing a liner, leachate 2
collection system, leachate detection system, run-off control, or
final cover system.
5. Modification of a landfill management practice. 2
6. Landfill different wastes:
a. That require additional or different management practices, 3
different design of the liner, leachate collection system, or
leachate detection system.
b. That do not require additional or different management practices, 2
different design of the liner, leachate collection system, or
leachate detection system.
c. That are wastes restricted from land disposal that meet the 1
applicable treatment standards or that are treated to satisfy the
standard of "use of practically available technology that yields the
greatest environmental benefit" contained in section
66268.8(a)(2)(B), and provided that the landfill unit meets the
minimum technological requirements stated in section 66268.5(h)(2).
This modification is not applicable to dioxin-containing wastes
(F020, 021, 022, 023, 026, 027, and 028).
d. That are residues from wastewater treatment or incineration, 1
provided that disposal occurs in a landfill unit that meets the
minimum technological requirements stated in section 66268.5(h)(2),
and provided further that the landfill has previously received
wastes of the same type (for example, incinerator ash). This
modification is not applicable to dioxin-containing wastes (F020,
021,022, 023, 026, 027, and 028).
7. Modifications of unconstructed units to comply with sections 1 [FNa-
66264.251(c), 66264.252, 66264.253, 66264.254(c), 66264.301(c), 1]
66264.302, 66264.303(c), and 66264.304.
8. Changes in response action plan:
a. Increase in action leakage rate 3
b. Change in a specific response reducing its frequency or 3
effectiveness
c. Other changes 2
Note: See section 66270.42(g) for modification procedures to be used
for the management of newly listed or identified wastes.
K. Land Treatment
1. Lateral expansion of or other modification of a land treatment unit 3
to increase areal extent.
2. Modification of run-on control system. 2
3. Modify run-off control system. 3
4. Other modifications of land treatment unit component specifications 2
or standards required in permit.
5. Management of different wastes in land treatment units:
a. That require a change in permit operating conditions or unit design 3
specifications.
b. That do not require a change in permit operating conditions or unit 2
design specifications.
Note: See section 66270.42(g) for modification procedures to be used
for the management of newly listed or identified wastes.
6. Modification of a land treatment unit management practice to:
a. Increase rate or change method of waste application. 3
b. Decrease rate of waste application. 1
7. Modification of a land treatment unit management practice to change 2
measures of pH or moisture content, or to enhance microbial or
chemical reactions.
8. [Reserved]
9. Modification of operating practice due to detection of releases 3
from the land treatment unit pursuant to section 66264.278(j)(1).
10. Changes in the unsaturated zone monitoring system,resulting in a 3
change to the location, depth, number of sampling points, or replace
unsaturated zone monitoring devices or components of devices with
devices or components that have specifications different from permit
requirements.
11. Changes in the unsaturated zone monitoring system that do not 2
result in a change to the location, depth, number of sampling
points, or that replace unsaturated zone monitoring devices or
components of devices with devices or components having
specifications different from permit requirements.
12. Changes in background values for hazardous constituents in soil 2
and soil-pore liquid.
13. Changes in sampling, analysis, or statistical procedure. 2
14. Changes in land treatment demonstration program prior to or during 2
the demonstration.
15. Changes in any condition specified in the permit for a land 1 [FNa-
treatment unit to reflect results of the land treatment 1]
demonstration, provided performance standards are met, and the
Department's prior approval has been received.
16. Changes to allow a second land treatment demonstration to be 1 [FNa-
conducted when the results of the first demonstration have not shown 1]
the conditions under which the wastes can be treated completely,
provided the conditions for the second demonstration are
substantially the same as the conditions for the first demonstration
and have received the prior approval of the Department.
17. Changes to allow a second land treatment demonstration to be 3
conducted when the results of the first demonstration have not shown
the conditions under which the wastes can be treated completely,
where the conditions for the second demonstration are not
substantially the same as the conditions for the first
demonstration.
18. Changes in vegetative cover requirements for closure. 2
L. Incinerators, Boilers, and Industrial Furnaces:
1. Changes to increase by more than 25% any of the following limits 3
authorized in the permit: A thermal feed rate limit, a feedstream
feed rate limit, a chlorine/chloride feed rate limit, a metal feed
rate limit, or an ash feed rate limit. The Department will require a
new trial burn to substantiate compliance with the regulatory
performance standards unless this demonstration can be made through
other means.
2. Changes to increase by up to 25% any of the following limits 2
authorized in the permit: A thermal feed rate limit, a feedstream
feed rate limit, a chlorine/chloride feed rate limit, a metal feed
rate limit, or an ash feed rate limit. The Director will require a
new trial burn to substantiate compliance with the regulatory
performance standards unless this demonstration can be made through
other means.
3. Modification of an incinerator, boiler, or industrial furnace unit 3
by changing the internal size or geometry of the primary or
secondary combustion units, by adding a primary or secondary
combustion unit, by substantially changing the design of any
component used to remove HCl/Cl 2, metals, or particulate from the
combustion gases, or by changing other features of the incinerator,
boiler, or industrial furnace that could affect its capability to
meet the regulatory performance standards. The Director will require
a new trial burn to substantiate compliance with the regulatory
performance standards unless this demonstration can be made through
other means.
4. Modification of an incinerator, boiler, or industrial furnace unit 2
in a manner that would not likely affect the capability of the unit
to meet the regulatory performance standards but which would change
the operating conditions or monitoring requirements specified in the
permit. The Director may require a new trial burn to demonstrate
compliance with the regulatory performance standards.
5. Operating requirements:
a. Modification of the limits specified in the permit for minimum or 3
maximum combustion gas temperature, minimum combustion gas residence
time, oxygen concentration in the secondary combustion chamber, flue
gas carbon monoxide and hydrocarbon concentration, maximum
temperature at the inlet to the particulate matter emission control
system, or operating parameters for the air pollution control
system. The Department will require a new trial burn to substantiate
compliance with the regulatory performance standards unless this
demonstration can be made through other means.
b. Modification of any stack gas emission limits specified in the 3
permit, or modification of any conditions in the permit concerning
emergency shutdown or automatic waste feed cutoff procedures or
controls.
c. Modification of any other operating condition or any inspection or 2
recordkeeping requirement specified in the permit.
6. Burning different wastes:
a. If the waste contains a POHC that is more difficult to burn than 3
authorized by the permit or if burning of the waste requires
compliance with different regulatory performance standards than
specified in the permit. The Department will require a new trial
burn to substantiate compliance with the regulatory performance
standards unless this demonstration can be made through other means.
b. If the waste does not contain a POHC that is more difficult to burn 2
than authorized by the permit and if burning of the waste does not
require compliance with different regulatory performance standards
than specified in the permit.
Note: See section 66270.42(g) for modification procedures to be used
for the management of newly listed or identified wastes.
7. Shakedown and trial burn:
a. Modification of the trial burn plan or any of the permit conditions 2
applicable during the shakedown periods for determining operational
readiness after construction, the trial burn period, or the period
immediately following the trial burn.
b. Authorization of up to an additional 720 hours of waste burning 1 [FNa-
during the shakedown period for determining opera-tional readiness 1]
after construction, with the prior approval of the Department.
c. Changes in the operating requirements set in the permit for 1 [FNa-
conducting a trial burn, provided the change is minor and has 1]
received the prior approval of the Department.
d. Changes in the ranges of the operating requirements set in the 1 [FNa-
permit to reflect the results of the trial burn, provided the change 1]
is minor and has received the prior approval of the Department.
8. Substitution of an alternate type of nonhazardous waste fuel that 1
is not specified in the permit.
M. Containment Buildings.
1. Modification or addition of containment building units:
a. Resulting in greater than 25% increase in the facility's 3
containment building storage or treatment capacity
b. Resulting in up to 25% increase in the facility's containment 2
building storage or treatment capacity
2. Modification of a containment building unit or secondary 2
containment system without increasing the capacity of the unit
3. Replacement of a containment building with a containment building
that meets the same design standards provided:
a. The unit capacity is not increased 1
b. The replacement containment building meets the same conditions in 1
the permit
4. Modification of a containment building management practice 2
5. Storage or treatment of different wastes in containment buildings:
a. That require additional or different management practices 3
b. That do not require additional or different management practices 2
N. Corrective Action
1. Approval of a corrective action management unit pursuant to article 3
15.5 of chapter 14.
2. Approval of a temporary unit or time extension for a temporary unit 2
pursuant to article 15.5 of chapter 14.

[FNa1] Class 1 modifications requiring prior Department approval.

Note: Authority cited: Sections 25150, 25159, 25159.5, 25179.6, 58004 and 58012, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 270.42, 40 CFR Part 270, Appendix I.





s 66271.1. Purpose and Scope.
(a) This chapter contains the Department's procedures for issuing, modifying, revoking and reissuing, denying or revoking all hazardous waste facility "permits" other than "emergency permits" (see section 66270.61) and "permits by rule" (section 66270.60). Emergency permits are governed by section 66270.61. Permits by rule are governed by section 67450.9. Interim status is not a "permit" and is covered by specific provisions in chapter 20 of this division. The procedures of this chapter also apply to denial of a permit for the active life of a hazardous waste management facility or unit under section 66270.29.
(b) Chapter 21 contains general procedural requirements applicable to all permit programs covered by these regulations. Chapter 21 describes the steps the Department will follow in receiving permit applications, preparing draft permits, issuing public notices, inviting public comments and holding public hearings on draft permits. Chapter 21 also covers assembling an administrative record, responding to comments, issuing a final permit decision, and allowing for administrative appeal of the final permit decision.

Note: Authority cited: Sections 25150, 25159 and 58012, Health and Safety Code. Reference: Sections 25159.5, 25186, 25186.1, 25186.2 and 25200, Health and Safety Code; 40 CFR Section 124.1.





s 66271.2. Application for a Permit.
(a)(1) Any person who requires a permit under Health and Safety Code section 25201 shall complete, sign, and submit to the Department an application for the permit required under section 66270.1. Applications are not required for permits by rule (section 66270.60).
(2) The Department shall not begin the processing of a permit until the applicant has fully complied with the application requirements for that permit. (See sections 66270.10 and 66270.13.)
(3) Permit applications shall comply with the signature and certification requirements of section 66270.11.
(b) [Reserved]
(c)(1) No later than 30 calendar days after receipt of a permit application, the Department shall review the application for completeness (in accordance with the provisions of chapter 4.5 (commencing with section 65920) of division 1 of Title 2 of the Government Code and Health and Safety Code section 25199.6)), and notify the applicant in writing whether the application is complete.
(2) If the application is incomplete, the Department's written notice to the applicant shall specify those parts of the application which are incomplete and shall indicate the manner in which they can be made complete, including a list and thorough description of the specific information needed to complete the application. The Department shall specify in the notice of deficiency a date for submitting the necessary information. The applicant shall submit to the Department the materials necessary to make the application complete, as specified by the Department in the written notice of incompleteness. No later than 60 calendar days after receiving additional application materials, submitted in response to a notice of incompleteness, the Department shall notify the applicant in writing whether the application with the additional materials is complete.
(3) If the application together with the additional materials is determined to be incomplete, the applicant may appeal the Department's determination to the Director. Such an appeal shall be made in writing within 30 days after the issuance of the incompleteness determination, and shall include a statement of the reasons supporting the appeal. The Director shall grant or deny the appeal in writing no later than 60 calendar days after receipt of the written appeal.
(4) The application shall not be deemed complete if the Department fails to make a written completeness determination within 60 calendar days or if the Director fails to provide a written response to an appeal within 60 calendar days. An application is deemed complete when the Department notifies the applicant in writing that the application is complete.
(5) Nothing in this subsection shall preclude the applicant and the Department from mutually agreeing to an extension of any time limit specified in this subsection.
(6) After the application is completed, the Department may request additional information from an applicant but only when necessary to clarify, modify, or supplement previously submitted material. Requests for such additional information will not render an application incomplete.
(d) The Department may deny a permit for any cause specified in Health and Safety Code section 25186. (continued)