Section 25200.16 Of Article 9. Permitting Of Facilities From California Health And Safety Code >> Division 20. >> Chapter 6.5. >> Article 9.
25200.16
. (a) The department may administratively convert the
hazardous waste facilities permit or grant of interim status of a
hazardous waste management unit authorized pursuant to such a permit
or grant of interim status to authorization to operate under a
permit-by-rule, pursuant to the department's regulations, a grant of
conditional authorization or conditional exemption pursuant to this
chapter, if the hazardous waste management facility meets both of the
following criteria:
(1) The unit is not required to obtain a permit under the federal
act.
(2) The unit met all applicable conditions and criteria for
authorization under a permit-by-rule pursuant to the department's
regulations, or a grant of conditional authorization or conditional
exemption pursuant to this chapter, on the effective date of the
statute or regulation which made the unit eligible for authorization
under a permit-by-rule, conditional authorization, or conditional
exemption.
(b) This section does not apply to units which become eligible for
authorization under a permit-by-rule, conditional authorization, or
conditional exemption due to a change in the waste streams or
treatment activities described for the unit in the hazardous waste
facilities permit or grant of interim status document for the unit.
(c) The owner or operator of a hazardous waste management unit
that desires to convert the grant of authorization for the hazardous
waste management unit from a hazardous waste facilities permit or
grant of interim status pursuant to subdivision (a) shall transmit
all of the following documents to the department:
(1) A demonstration that the unit is not required to obtain a
permit under the federal act.
(2) A demonstration that the unit is eligible for authorization
under a permit-by-rule pursuant to the department's regulations, or a
grant of conditional authorization or conditional exemption pursuant
to this chapter.
(3) If applicable, a complete and valid notification for the unit
for which an authorization status conversion is requested, which
complies with the applicable notification requirements for operating
under a permit-by-rule, or a grant of conditional authorization or
conditional exemption.
(4) One of the following documents:
(A) A written request, signed in accordance with the regulations
adopted by the department pertaining to signatories to permit
application and reports, to administratively remove the unit from the
existing hazardous waste facilities permit or grant of interim
status.
(B) A written request, signed in accordance with the regulations
adopted by the department pertaining to signatories to permit
applications and reports, to administratively terminate the existing
hazardous waste facilities permit or grant of interim status if the
unit subject to the permit or grant of interim status is the only
unit at the facility authorized by that permit or grant of interim
status.
(d) Upon receipt of a notification, if applicable, and a request
pursuant to paragraphs (3) and (4) of subdivision (c), the department
shall do all of the following:
(1) Either approve the request in writing if the department
concurs with the demonstrations submitted pursuant to paragraphs (1)
and (2) of subdivision (c) and the notification submitted pursuant to
paragraph (3) of subdivision (c) is complete and valid; or deny the
request in writing if the department does not concur with the
demonstrations submitted pursuant to paragraphs (1) and (2) of
subdivision (c) or the notification submitted pursuant to paragraph
(3) of subdivision (c) is incomplete or invalid.
(2) If not all activities conducted at a facility pursuant to a
hazardous waste facilities permit or grant of interim status are
eligible for conversion, administratively terminate the authorization
under the hazardous waste facilities permit or grant of interim
status for the unit or units at the facility conducting treatment
activities eligible to be authorized under a permit-by-rule pursuant
to the department's regulations, or a grant of conditional
authorization or conditional exemption pursuant to this chapter, by
doing all of the following:
(A) Placing a letter in the facility permit file maintained by the
department acknowledging the change in authorization.
(B) Notifying the facility, in writing, that the authorization
under the permit or grant of interim status for the treatment units
in question will be terminated when the authorization under a
permit-by-rule pursuant to the department's regulations, or a grant
of conditional authorization or conditional exemption pursuant to
this chapter, becomes effective.
(C) Notifying all persons on the facility mailing list of the
change in the authorization status of the units being converted.
(3) If the hazardous waste facilities permit or grant of interim
status of a facility is being completely converted to authorization
under a permit-by-rule pursuant to the department's regulations, or a
grant of conditional authorization or conditional exemption pursuant
to this chapter, administratively terminate the permit or grant of
interim status by doing all of the following:
(A) Placing a letter in the facility permit file maintained by the
department administratively terminating the permit upon the
effective date of authorization for all affected units under a
permit-by-rule pursuant to the department's regulations, or a grant
of conditional authorization or conditional exemption pursuant to
this chapter.
(B) Notifying the facility, in writing, that the permit or grant
of interim status will be terminated when the authorization under a
permit-by-rule pursuant to the department's regulations, or a grant
of conditional authorization or conditional exemption pursuant to
this chapter, becomes effective.
(C) Notifying all persons on the facility mailing list of the
termination of the hazardous waste facilities permit or grant of
interim status.