Section 25200.15 Of Article 9. Permitting Of Facilities From California Health And Safety Code >> Division 20. >> Chapter 6.5. >> Article 9.
25200.15
. (a) The owner or operator of a facility that has a
hazardous waste facilities permit issued pursuant to Section 25200 or
25201.6 may change facility structures or equipment without
modifying the facility's hazardous waste facilities permit, if either
of the following apply:
(1) The change to structures or equipment is not within a
permitted unit.
(2) Both of the following apply to the change to the structures or
equipment:
(A) The change to structures or equipment is within the boundary
of a permitted unit, and the structure or equipment is certified by
the owner or operator not to be actively related to the treatment,
storage, or disposal of hazardous waste, or the secondary containment
of those hazardous wastes.
(B) The department, within 30 days from the date of receipt of
notice from the owner or operator, does not determine any of the
following:
(i) The change is related to the treatment, storage, or disposal
of hazardous waste or the secondary containment of those hazardous
wastes.
(ii) The change may otherwise significantly increase risks to
human health and safety or the environment related to the management
of the hazardous wastes.
(iii) The regulations adopted pursuant to the federal act require
a permit modification for the change.
(b) (1) To the extent consistent with the federal act, and the
regulations adopted pursuant to the federal act, the owner or
operator of a facility that has a hazardous waste facilities permit
issued pursuant to Section 25200 or 25201.6 may change the facility
structure or equipment utilizing the Class 1* permit modification,
specified in Chapter 20 (commencing with Section 66270.1) of Division
4.5 of Title 22 of the California Code of Regulations, as adopted by
the department, if the department determines that all of the
following apply:
(A) The change to the structure or equipment is necessary to
comply with requirements or the request of a state or federal agency
or an air quality management district or air pollution control
district.
(B) The change to the structure or equipment will decrease one or
more risks, and will not result in any increased risks to human
health and safety or the environment related to the management of the
hazardous wastes in the structure or equipment.
(C) The owner or operator has submitted sufficient information for
the department to make the determinations required by subparagraphs
(A) and (B) to comply with the requirements of Division 13
(commencing with Section 21000) of the Public Resources Code, the
California Environmental Quality Act.
(2) A change to a facility structure or equipment that is
authorized by this subdivision may not result in an increase in the
permitted capacity of a hazardous waste management unit affected by
the change.
(3) This subdivision does not apply to changes for which no permit
modification is required pursuant to subdivision (a) and the
regulations adopted to implement that subdivision.
(4) This subdivision does not apply to changes classified as Class
1 or Class 1* under the department's regulations pursuant to Chapter
20 (commencing with Section 66270.1) of Division 4.5 of Title 22 of
the California Code of Regulations.
(5) The owner or operator of a facility applying for a "Class 1*
permit modification" pursuant to this subdivision shall enter into a
written agreement with the department pursuant to which that person
shall reimburse the department, pursuant to Article 9.2 (commencing
with Section 25206.1), for the costs incurred by the department in
processing the application.
(c) (1) To the extent consistent with the federal act, the owner
or operator of a facility operating under a hazardous waste
facilities permit issued pursuant to Section 25200 or 25201.6 may
make a Class 1 permit modification for minor equipment replacement or
upgrade with functionally equivalent components of equipment such as
pipes, valves, pumps, conveyors, controls, or other similar
equipment, as specified in Section (A)(3) of Appendix I of Chapter 20
(commencing with Section 66270.1) of Division 4.5 of Title 22 of the
California Code of Regulations, without providing prior notification
as long as the modification is exempt from the requirements of the
California Environmental Quality Act, Division 13 (commencing with
Section 21000) of the Public Resources Code, and if the owner or
operator complies with both of the following conditions:
(A) The owner or operator notifies the department concerning the
replacement or upgrade by certified mail or other means that
establish proof of delivery within seven calendar days after the
change is commenced. The notice shall specify the replacement or
upgrade being made to the equipment referenced in the permit and
shall explain why the replacement or upgrade is necessary.
(B) Except as otherwise specified in this subdivision, the owner
or operator complies with the requirements of Chapter 20 (commencing
with Section 66270.1) and Chapter 21 (commencing with Section
66271.1) of Division 4.5 of Title 22 of the California Code of
Regulations, as adopted by the department, that are applicable to a
Class 1 modification.
(2) Misapplication of the Class 1 modification allowed under this
subdivision is subject to enforcement by the department under this
chapter.
(3) This subdivision shall remain in effect until the time when
the department amends its regulations to provide for replacement or
upgrade of equipment without prior notification, subject to those
conditions and limitations determined to be necessary by the
department.
(d) Any determination made pursuant to this section, including,
but not limited to, any determination by the department regarding the
classification of a permit modification, may be appealed by the
owner or operator in the manner provided for appeal of a permit
determination pursuant to the regulations adopted by the department.