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Minnesota Legislature

Office of the Revisor of Statutes

CHAPTER 7045, HAZARDOUS WASTE

MINNESOTA POLLUTION CONTROL AGENCY

Table of Parts
Part Title
7045.0010 [Repealed by amendment, 9 SR 115]
DEFINITIONS, REFERENCES, PETITIONS, AND OTHER STANDARDS
7045.0020 DEFINITIONS.
7045.0030 [Repealed by amendment, 9 SR 115]
7045.0040 [Repealed by amendment, 9 SR 115]
7045.0050 [Repealed by amendment, 9 SR 115]
7045.0060 VARIANCES.
7045.0065 INCORPORATION AND AVAILABILITY OF REFERENCES.
7045.0070 OTHER STANDARDS.
7045.0071 UNDERGROUND INJECTION.
7045.0075 PETITIONS.
7045.0080 DATA AVAILABILITY.
7045.0090 ADOPTION AND INCORPORATION BY REFERENCE.
7045.0100 [Repealed, 14 SR 1718]
IDENTIFICATION AND LISTING OF HAZARDOUS WASTE
7045.0102 MIXTURES OF WASTES.
7045.0110 [Repealed by amendment, 9 SR 115]
7045.0120 EXEMPTIONS AND SPECIAL REQUIREMENTS.
7045.0121 TREATABILITY STUDY EXEMPTIONS.
7045.0125 MANAGEMENT OF WASTE BY USE, REUSE, RECYCLING, AND RECLAMATION.
7045.0127 RESIDUES IN EMPTY CONTAINERS AND EMPTY INNER LINERS.
7045.0129 CRITERIA FOR LISTING HAZARDOUS WASTE.
7045.0130 [Repealed by amendment, 9 SR 115]
7045.0131 CHARACTERISTICS OF HAZARDOUS WASTE.
7045.0133 EXEMPTION FROM REGULATION DUE TO LETHALITY.
7045.0135 LISTS OF HAZARDOUS WASTES.
7045.0137 SMALL AMOUNTS OF UNRELATED CHEMICALS.
7045.0139 BASIS FOR LISTING HAZARDOUS WASTES.
7045.0140 [Repealed by amendment, 9 SR 115]
7045.0141 HAZARDOUS CONSTITUENTS.
7045.0142 [Repealed, 10 SR 1688]
7045.0143 GROUNDWATER PROTECTION HAZARDOUS CONSTITUENTS LIST.
7045.0145 DELETION OF CERTAIN HAZARDOUS WASTE CODES FOLLOWING EQUIPMENT CLEANING AND REPLACEMENT AT WOOD PRESERVING PLANTS.
7045.0150 [Repealed by amendment, 9 SR 115]
7045.0155 APPENDICES TO IDENTIFICATION AND LISTING OF HAZARDOUS WASTE.
7045.0160 [Repealed by amendment, 9 SR 115]
7045.0170 [Repealed by amendment, 9 SR 115]
7045.0200 [Repealed by amendment, 9 SR 115]
STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE
7045.0205 APPLICABILITY OF GENERATOR STANDARDS.
7045.0206 GENERATOR SIZE DETERMINATION.
7045.0208 HAZARDOUS WASTE MANAGEMENT.
7045.0210 FINANCIAL RESPONSIBILITY OF HAZARDOUS WASTE GENERATORS.
7045.0211 REQUIREMENTS FOR GENERATORS WITH ON-SITE FACILITIES.
7045.0212 TRANSFRONTIER SHIPMENTS.
7045.0213 FARMERS; PESTICIDES.
7045.0214 EVALUATION OF WASTES.
7045.0215 TIMING OF WASTE EVALUATION.
7045.0216 EVALUATION REPORTS TO THE COMMISSIONER.
7045.0217 ADDITIONAL EVALUATIONS ORDERED BY THE COMMISSIONER.
7045.0218 CLASSIFICATION OF WASTES AS HAZARDOUS BY THE AGENCY.
7045.0219 [Repealed, 16 SR 2102]
7045.0220 [Repealed, 16 SR 2102]
7045.0221 IDENTIFICATION NUMBER.
7045.0225 GENERATOR LICENSE.
7045.0230 CONTENT OF INITIAL LICENSE APPLICATION.
7045.0235 [Repealed, 16 SR 2102]
7045.0240 SUBMITTAL OF LICENSE APPLICATION.
7045.0243 TERM AND CONDITIONS OF LICENSE.
7045.0245 LICENSE APPROVAL AND ISSUANCE.
7045.0247 LICENSE RENEWAL AND CONTINUATION OF EXPIRED LICENSE.
7045.0248 LICENSE RENEWAL APPLICATION.
7045.0249 [Repealed, 16 SR 2102]
7045.0250 [Repealed by amendment, 9 SR 115]
7045.0250 LICENSE REVOCATION.
7045.0255 ONETIME DISPOSAL REQUIREMENTS.
7045.0260 [Repealed by amendment, 9 SR 115]
7045.0261 MANIFEST DOCUMENT; GENERAL REQUIREMENTS.
7045.0262 WASTE MINIMIZATION CERTIFICATION.
7045.0265 USE OF MANIFEST.
7045.0270 PRETRANSPORT REQUIREMENTS.
7045.0275 MANAGEMENT OF HAZARDOUS WASTE SPILLS.
7045.0280 [Repealed by amendment, 9 SR 115]
7045.0290 [Repealed, 16 SR 2102]
7045.0292 ACCUMULATION OF HAZARDOUS WASTE.
7045.0294 RECORD KEEPING.
7045.0296 [Repealed, 16 SR 2102]
7045.0298 EXCEPTION REPORTING.
7045.0300 ADDITIONAL REPORTING.
7045.0302 INTERNATIONAL SHIPMENTS; SPECIAL CONDITIONS.
7045.0304 [Repealed, 16 SR 2102]
7045.0305 STANDARDS FOR GENERATORS WHO SEWER HAZARDOUS WASTE.
7045.0310 SPECIAL REQUIREMENTS FOR WASTE COLLECTED AS RESULT OF HOUSEHOLD HAZARDOUS WASTE MANAGEMENT PROGRAM.
7045.0320 VERY SMALL QUANTITY GENERATOR HAZARDOUS WASTE COLLECTION PROGRAMS.
7045.0322 TRANSFRONTIER SHIPMENTS OF HAZARDOUS WASTE FOR RECOVERY WITHIN THE OECD.
7045.0325 APPENDIX TO GENERATOR STANDARDS; MANIFEST AND INSTRUCTIONS.
7045.0350 [Repealed, 9 SR 115]
STANDARDS APPLICABLE TO TRANSPORTERS OF HAZARDOUS WASTE
7045.0351 APPLICABILITY AND EXEMPTIONS.
7045.0355 APPLICABILITY OF GENERATOR REQUIREMENTS.
7045.0360 [Repealed, 9 SR 115]
7045.0361 IDENTIFICATION NUMBERS.
7045.0365 TRANSFER FACILITY REQUIREMENTS.
7045.0370 [Repealed, 9 SR 115]
7045.0371 TRANSPORTATION OF HAZARDOUS WASTE.
7045.0375 THE MANIFEST SYSTEM; GENERAL REQUIREMENTS.
7045.0380 [Repealed, 9 SR 115]
7045.0381 USE OF MANIFEST.
7045.0385 COMPLIANCE WITH THE MANIFEST.
7045.0390 [Repealed, 9 SR 115]
7045.0391 RECORD KEEPING.
7045.0395 HAZARDOUS WASTE DISCHARGES.
7045.0397 DELIVERY OF HAZARDOUS WASTE.
7045.0400 [Repealed, 9 SR 115]
7045.0410 [Repealed, 9 SR 115]
7045.0420 [Repealed, 9 SR 115]
7045.0430 [Repealed, 9 SR 115]
FACILITY STANDARDS
7045.0450 FACILITIES GOVERNED BY FACILITY STANDARDS.
7045.0452 GENERAL FACILITY STANDARDS.
7045.0454 PERSONNEL TRAINING.
7045.0456 GENERAL REQUIREMENTS FOR IGNITABLE, REACTIVE, OR INCOMPATIBLE WASTE.
7045.0458 WASTE ANALYSIS REQUIREMENTS.
7045.0460 LOCATION STANDARDS.
7045.0461 CONSTRUCTION QUALITY ASSURANCE PROGRAM.
7045.0462 PREPAREDNESS AND PREVENTION.
7045.0464 ARRANGEMENTS WITH LOCAL AUTHORITIES FOR EMERGENCIES.
7045.0466 CONTINGENCY PLAN.
7045.0468 EMERGENCY PROCEDURES.
7045.0470 POST EMERGENCY REQUIREMENTS.
7045.0472 FACILITY SHIPPING REQUIREMENTS.
7045.0474 MANIFEST SYSTEM.
7045.0476 MANIFEST DISCREPANCIES.
7045.0478 OPERATING RECORD.
7045.0480 RETENTION AND DISPOSITION OF RECORDS.
7045.0482 REQUIRED REPORTS.
7045.0484 GROUNDWATER PROTECTION.
7045.0485 CORRECTIVE ACTION FOR SOLID AND HAZARDOUS WASTE MANAGEMENT UNITS.
7045.0486 CLOSURE.
7045.0488 CLOSURE ACTIVITIES.
7045.0490 POSTCLOSURE.
7045.0492 POSTCLOSURE CARE AND USE OF PROPERTY.
7045.0494 NOTICE TO LOCAL LAND AUTHORITY.
7045.0496 NOTICE IN DEED TO PROPERTY.
7045.0498 FINANCIAL REQUIREMENTS.
7045.0500 [Repealed by amendment, 9 SR 115]
7045.0502 COST ESTIMATE FOR FACILITY CLOSURE.
7045.0504 FINANCIAL ASSURANCE FOR FACILITY CLOSURE.
7045.0506 COST ESTIMATE FOR POSTCLOSURE CARE.
7045.0508 FINANCIAL ASSURANCE FOR POSTCLOSURE CARE.
7045.0510 [Repealed by amendment, 9 SR 115]
7045.0512 COST ESTIMATE FOR CORRECTIVE ACTION.
7045.0514 FINANCIAL ASSURANCE FOR CORRECTIVE ACTION.
7045.0516 USE OF A MECHANISM FOR FINANCIAL ASSURANCE OF CORRECTIVE ACTION, CLOSURE, AND POSTCLOSURE CARE.
7045.0518 LIABILITY REQUIREMENTS.
7045.0520 [Repealed by amendment, 9 SR 115]
7045.0522 INCAPACITY OF OWNERS OR OPERATORS, GUARANTORS, OR FINANCIAL INSTITUTIONS.
7045.0524 WORDING OF INSTRUMENTS.
7045.0526 USE AND MANAGEMENT OF CONTAINERS.
7045.0528 TANK SYSTEMS.
7045.0530 [Repealed by amendment, 9 SR 115]
7045.0532 SURFACE IMPOUNDMENTS.
7045.0534 WASTE PILES.
7045.0536 LAND TREATMENT.
7045.0538 LANDFILLS.
7045.0539 MISCELLANEOUS UNITS.
7045.0540 AIR EMISSION STANDARDS FOR TANKS, SURFACE IMPOUNDMENTS, AND CONTAINERS.
7045.0541 DRIP PADS.
7045.0542 THERMAL TREATMENT.
7045.0543 APPENDICES TO FACILITY STANDARDS.
7045.0544 COCHRAN'S APPROXIMATION TO THE BEHRENS-FISHER STUDENTS' T-TEST.
7045.0545 CORRECTIVE ACTION MANAGEMENT UNITS (CAMU).
7045.0546 TEMPORARY UNITS.
7045.0547 [Renumbered 7045.0549]
7045.0547 STAGING PILES; FEDERAL REGULATIONS ADOPTED.
7045.0548 [Renumbered 7045.0551]
7045.0548 DISPOSAL OF CAMU-ELIGIBLE WASTES IN PERMITTED HAZARDOUS WASTE LANDFILLS; FEDERAL REGULATIONS ADOPTED.
7045.0549 FEDERAL AIR EMISSION STANDARDS FOR PROCESS VENTS.
7045.0550 CONTAINMENT BUILDINGS.
7045.0551 FEDERAL AIR EMISSION STANDARDS FOR EQUIPMENT LEAKS.
INTERIM STATUS STANDARDS
7045.0552 FACILITIES GOVERNED BY INTERIM STATUS.
7045.0554 QUALIFICATIONS FOR OBTAINING INTERIM STATUS.
7045.0556 GENERAL FACILITY STANDARDS.
7045.0558 PERSONNEL TRAINING.
7045.0560 [Repealed by amendment, 9 SR 115]
7045.0562 GENERAL REQUIREMENTS FOR IGNITABLE, REACTIVE, OR INCOMPATIBLE WASTE.
7045.0564 WASTE ANALYSIS REQUIREMENTS.
7045.0566 PREPAREDNESS AND PREVENTION.
7045.0568 ARRANGEMENTS WITH LOCAL AUTHORITIES FOR EMERGENCIES.
7045.0570 [Repealed by amendment, 9 SR 115]
7045.0572 CONTINGENCY PLAN.
7045.0574 EMERGENCY PROCEDURES.
7045.0576 POSTEMERGENCY REQUIREMENTS.
7045.0578 FACILITY SHIPMENT REQUIREMENTS.
7045.0580 MANIFEST SYSTEM.
7045.0582 MANIFEST DISCREPANCIES.
7045.0584 OPERATING RECORD.
7045.0586 RETENTION AND DISPOSITION OF RECORDS.
7045.0588 REQUIRED REPORTS.
7045.0590 GROUND WATER MONITORING.
7045.0592 GROUND WATER QUALITY ASSESSMENT PROGRAM.
7045.0594 CLOSURE.
7045.0596 CLOSURE ACTIVITIES.
7045.0600 POSTCLOSURE.
7045.0602 POSTCLOSURE CARE AND USE OF PROPERTY.
7045.0604 NOTICE TO LOCAL LAND AUTHORITY.
7045.0606 NOTICE IN DEED TO PROPERTY.
7045.0608 FINANCIAL REQUIREMENTS.
7045.0610 COST ESTIMATE FOR FACILITY CLOSURE.
7045.0612 FINANCIAL ASSURANCE FOR FACILITY CLOSURE.
7045.0614 COST ESTIMATE FOR POSTCLOSURE CARE.
7045.0616 FINANCIAL ASSURANCE FOR POSTCLOSURE CARE.
7045.0618 USE OF A MECHANISM FOR FINANCIAL ASSURANCE OF BOTH CLOSURE AND POSTCLOSURE CARE.
7045.0620 LIABILITY REQUIREMENTS.
7045.0622 INCAPACITY OF OWNERS OR OPERATORS, GUARANTORS, OR FINANCIAL INSTITUTIONS.
7045.0624 WORDING OF INSTRUMENTS.
7045.0626 USE AND MANAGEMENT OF CONTAINERS.
7045.0628 TANK SYSTEMS.
7045.0629 REQUIREMENTS FOR SMALL QUANTITY AND VERY SMALL QUANTITY GENERATORS THAT ACCUMULATE HAZARDOUS WASTE IN TANKS.
7045.0630 SURFACE IMPOUNDMENTS.
7045.0632 WASTE PILES.
7045.0634 LAND TREATMENT.
7045.0636 ADDITIONAL REQUIREMENTS FOR LAND TREATMENT FACILITIES GROWING FOOD CHAIN CROPS.
7045.0638 LANDFILLS.
7045.0640 THERMAL TREATMENT FACILITIES.
7045.0642 CHEMICAL, PHYSICAL, AND BIOLOGICAL TREATMENT FACILITIES.
7045.0643 APPENDICES TO INTERIM STATUS FACILITY STANDARDS.
7045.0644 DRIP PADS.
7045.0645 AIR EMISSION STANDARDS FOR TANKS, SURFACE IMPOUNDMENTS, AND CONTAINERS.
7045.0647 FEDERAL AIR EMISSION STANDARDS FOR PROCESS VENTS AT INTERIM STATUS FACILITIES.
7045.0648 FEDERAL AIR EMISSION STANDARDS FOR EQUIPMENT LEAKS AT INTERIM STATUS FACILITIES.
7045.0649 CONTAINMENT BUILDINGS.
7045.0650 [Repealed, 8 SR 2276]
MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC
TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES
7045.0652 FACILITIES GOVERNED BY FACILITY STANDARDS.
7045.0655 GENERAL FACILITY STANDARDS.
7045.0660 [Repealed, 8 SR 2276]
7045.0665 HAZARDOUS WASTES USED IN A MANNER CONSTITUTING DISPOSAL.
7045.0670 [Repealed, 8 SR 2276]
7045.0675 RECYCLABLE HAZARDOUS WASTE USED FOR PRECIOUS METAL RECOVERY.
7045.0680 [Repealed, 8 SR 2276]
7045.0685 SPENT LEAD-ACID BATTERIES BEING RECLAIMED.
7045.0686 SPECIAL REQUIREMENTS FOR MANAGEMENT OF SPENT OR WASTE HOUSEHOLD BATTERIES.
7045.0690 [Repealed, 8 SR 2276]
7045.0692 HAZARDOUS WASTE BURNED FOR ENERGY RECOVERY.
7045.0695 [Repealed, 20 SR 715]
7045.0700 [Repealed, 8 SR 2276]
7045.0710 [Repealed, 8 SR 2276]
7045.0720 [Repealed, 8 SR 2276]
7045.0730 [Repealed, 8 SR 2276; 9 SR 115]
7045.0750 [Repealed, 8 SR 2276]
7045.0760 [Repealed, 8 SR 2276]
7045.0770 [Repealed, 8 SR 2276]
7045.0780 [Repealed, 8 SR 2276]
MANAGEMENT OF USED OIL
7045.0790 DEFINITIONS.
7045.0795 APPLICABILITY.
7045.0800 MIXTURES OF USED OIL AND HAZARDOUS WASTE.
7045.0805 WASTE CONTAINING OR CONTAMINATED WITH USED OIL.
7045.0810 MIXTURES OF USED OIL WITH FUEL PRODUCTS AND REUSE OF USED OIL.
7045.0815 MATERIALS DERIVED FROM USED OIL.
7045.0820 WASTEWATER.
7045.0825 USED OIL INTRODUCED INTO CRUDE OIL PIPELINES OR A PETROLEUM REFINING FACILITY.
7045.0830 USED OIL ON VESSELS.
7045.0835 USED OIL CONTAINING PCBS.
7045.0840 USED OIL SPECIFICATIONS.
7045.0845 PROHIBITIONS ON DISPOSAL OF USED OIL.
7045.0850 [Repealed, 9 SR 115]
7045.0855 STANDARDS FOR USED OIL GENERATORS.
7045.0860 [Repealed, 9 SR 115]
7045.0865 STANDARDS FOR USED OIL TRANSPORTERS AND TRANSFER FACILITIES.
7045.0870 [Repealed, 9 SR 115]
7045.0875 STANDARDS FOR USED OIL PROCESSORS AND REREFINERS.
7045.0880 [Repealed, 9 SR 115]
7045.0885 STANDARDS FOR USED OIL BURNERS WHO BURN OFF-SPECIFICATION USED OIL FOR ENERGY RECOVERY.
7045.0890 [Repealed, 9 SR 115]
7045.0895 STANDARDS FOR USED OIL FUEL MARKETERS.
7045.0900 [Repealed, 9 SR 115]
7045.0910 [Repealed, 9 SR 115]
7045.0920 [Repealed, 9 SR 115]
7045.0930 [Repealed, 9 SR 115]
7045.0990 USED OIL FILTERS.
COUNTY REGULATION OF HAZARDOUS WASTE MANAGEMENT
7045.1000 PURPOSE; APPLICABILITY.
7045.1005 OVERVIEW.
7045.1010 COUNTY ORDINANCES.
7045.1020 EFFECT OF AGENCY APPROVAL OF COUNTY ORDINANCE.
7045.1030 COUNTY ACTIONS.
7045.1110 [Repealed, 9 SR 115]
7045.1120 [Repealed, 9 SR 115]
7045.1130 [Repealed, 9 SR 115]
7045.1140 [Repealed, 9 SR 115]
7045.1150 [Repealed, 9 SR 115]
7045.1160 [Repealed, 9 SR 115]
7045.1170 [Repealed, 9 SR 115]
7045.1180 [Repealed, 9 SR 115]
7045.1190 [Repealed, 9 SR 115]
7045.1200 [Repealed, 9 SR 115]
7045.1210 [Repealed, 9 SR 115]
7045.1220 [Repealed, 9 SR 115]
7045.1230 [Repealed, 9 SR 115]
7045.1240 [Repealed, 10 SR 1688]
7045.1250 [Repealed, 10 SR 1688]
7045.1260 [Repealed, 10 SR 1688]
7045.1300 [Repealed, 33 SR 2042]
7045.1305 [Repealed, 33 SR 2042]
7045.1309 [Repealed, 33 SR 2042]
7045.1310 [Repealed, 33 SR 2042]
7045.1315 [Repealed, 33 SR 2042]
7045.1320 [Repealed, 33 SR 2042]
7045.1325 [Repealed, 33 SR 2042]
7045.1330 [Repealed, 33 SR 2042]
7045.1333 [Repealed, 33 SR 2042]
7045.1334 [Repealed, 33 SR 2042]
7045.1335 [Repealed, 33 SR 2042]
7045.1339 [Repealed, 33 SR 2042]
7045.1350 [Repealed, 33 SR 2042]
7045.1355 [Repealed, 33 SR 2042]
7045.1358 [Repealed, 33 SR 2042]
7045.1360 [Repealed, 33 SR 2042]
7045.1380 [Repealed, 33 SR 2042]
LAND DISPOSAL RESTRICTIONS
7045.1390 LAND DISPOSAL RESTRICTIONS.
UNIVERSAL WASTE
7045.1400 ADOPTION OF FEDERAL STANDARDS FOR UNIVERSAL WASTE MANAGEMENT.

7045.0010

[Repealed by amendment, 9 SR 115]

Published Electronically:

October 10, 2013

DEFINITIONS, REFERENCES, PETITIONS, AND OTHER STANDARDS

7045.0020 DEFINITIONS.

Subpart 1.

Scope.

As used in this chapter, the following words shall have the meanings given them.

Subp. 1a.

Aboveground tank.

"Aboveground tank" means a device meeting the definition of "tank" in subpart 90 and that is situated in such a way that the entire surface area of the tank is completely above the plane of the adjacent surrounding surface and the entire surface area of the tank, including the tank bottom, is able to be visually inspected.

Subp. 2.

Act.

"Act" means the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976, United States Code, title 42, sections 3259 and 6901 to 6986, as amended.

Subp. 2a.

Active life.

"Active life" of a facility means the period from the initial receipt of hazardous waste at the facility until the commissioner receives certification of final closure.

Subp. 3.

Active portion.

"Active portion" means that portion of a facility, other than a closed portion, where treatment, storage, or disposal operations are being or have been conducted after July 16, 1984.

Subp. 3a.

Acute hazardous waste.

"Acute hazardous waste" means waste listed as acute hazardous waste in part 7045.0135 or waste designated acute hazardous waste in part 7045.0129, subpart 3.

Subp. 4.

Agency.

"Agency" means the Minnesota Pollution Control Agency.

Subp. 4a.

Ancillary equipment.

"Ancillary equipment" means any device including, but not limited to, such devices as piping, fittings, flanges, valves, and pumps, that is used to distribute, meter, or control the flow of hazardous waste from its point of generation to a storage or treatment tank, between hazardous waste storage and treatment tanks to a point of disposal on site, or to a point of shipment for disposal off site.

Subp. 5.

Aquifer.

"Aquifer" means a geologic formation, group of formations, or part of a formation capable of yielding a significant amount of ground water to wells or springs.

Subp. 6.

Authorized representative.

"Authorized representative" means the person responsible for the overall operation of a facility or an operational unit which is part of a facility, such as the plant manager, superintendent, or a person of equivalent responsibility.

Subp. 6a.

Boiler.

"Boiler" means an enclosed device using controlled flame combustion and having the characteristics specified in item A or B. If used oil or hazardous waste is to be used as a fuel in an industrial boiler or a utility boiler, these boilers must meet the additional criteria in items C and D.

A.

(1) The unit must have physical provisions for recovering and exporting thermal energy in the form of steam, heated fluid, or heated gases.

(2)

The unit's combustion chamber and primary energy recovery sections must be of integral design (physically formed into one manufactured or assembled unit). A unit in which the combustion chamber and the primary energy recovery sections are joined only by ducts or connections carrying flue gas is not integrally designed; secondary energy recovery equipment (such as air preheaters or economizers) need not be physically formed into the same unit as the combustion chamber and the primary energy recovery section. Process heaters which transfer energy directly to a process stream and fluidized bed combustion units are not precluded from being considered boilers under this definition solely because they are not of integral design.

(3)

While in operation, the unit must maintain a thermal energy efficiency of at least 60 percent, calculated in terms of the recovered energy compared with the thermal value of the fuel.

(4)

The unit must export and utilize at least 75 percent of the recovered energy, calculated on an annual basis. No credit shall be given for recovered heat used internally in the same unit for purposes such as preheating fuel or combustion air or the driving of induced or forced draft fans or feedwater pumps.

B.

The unit is one which the commissioner has determined meets the criteria for a boiler after considering the standards in part 7045.0075, subpart 4.

C.

An industrial boiler burning used oil or hazardous waste as a fuel must be located on the site of an establishment engaged in a manufacturing process where substances are transformed into new products, including the component parts of products, by mechanical or chemical processes.

D.

A utility boiler burning used oil or hazardous waste as a fuel must be one that is used to produce electric power, steam, heated or cooled air, or other gases or fluids for sale.

Subp. 6b.

By-product.

"By-product" means a material that is not one of the primary products of a production process and is not solely or separately produced by the production process. Examples are process residues such as slags or distillation column bottoms.

Subp. 6c.

Burner.

"Burner" means an owner or operator of an industrial furnace, industrial boiler, or utility boiler meeting the definition of industrial furnace in subpart 43b or boiler in subpart 6a.

Subp. 6d.

Cathodic protection.

"Cathodic protection" means the technique to prevent corrosion of a metal surface by making that surface the cathode of an electrochemical cell. A tank can be cathodically protected through the application of either galvanic anodes or impressed current.

Subp. 7.

Certification.

"Certification" means a statement of professional opinion based upon knowledge and belief.

Subp. 8.

Chemical composition.

"Chemical composition" means any of the following:

A.

a standard chemical nomenclature such as those adopted by the International Union of Pure and Applied Chemistry or the Chemical Abstracts' Service;

B.

a common chemical name when it is documented to the commissioner that the number of isomers, related compounds of similar chemical structure and property, etc., make chemical analysis or delineation impractical; or

C.

a common chemical name of a mixture of components with similar properties, but not including a trade name.

Subp. 9.

Closed portion.

"Closed portion" means that portion of a facility which an owner or operator has closed in accordance with the approved facility closure plan and all applicable closure requirements.

Subp. 9a.

Collector.

"Collector" means an initial transporter who receives used oil only from generators and does not market the used oil directly to a person who burns it for energy recovery.

Subp. 9b.

Combustible liquid.

"Combustible liquid" has the meaning given in Code of Federal Regulations, title 49, section 173.120, paragraph (b), as amended.

Subp. 9c.

Commissioner.

"Commissioner" means the commissioner of the Minnesota Pollution Control Agency or the commissioner's designee. In federal regulations adopted by reference, the terms "regional administrator" and "director" mean "commissioner."

Subp. 9d.

Compatible.

"Compatible" means the ability of two or more substances to maintain their respective physical and chemical properties upon contact with one another. For a secondary containment seal, the impermeability of the seal must be maintained upon contact with a stored substance. For substances, two or more substances, if mixed, must not create a new hazard.

Subp. 9e.

Component.

"Component" means either a tank or ancillary equipment of a tank system.

Subp. 10.

Confined aquifer.

"Confined aquifer" means an aquifer bounded above and below by impermeable beds or by beds of distinctly lower permeability than that of the aquifer itself; an aquifer containing confined ground water.

Subp. 10a.

Consignee.

"Consignee" means the ultimate treatment, storage, or disposal facility in a receiving country to which the hazardous waste will be sent.

Subp. 10b.

Construction commenced.

"Construction commenced" is related to the definition of "existing facility," and has the following meaning. A facility has commenced construction if the owner or operator has obtained the federal, state, and local approvals or permits necessary to begin physical construction and:

A.

a continuous on-site, physical construction program has begun; or

B.

the owner or operator has entered into contractual obligations, which cannot be canceled or modified without substantial loss, for physical construction of the facility to be completed within a reasonable time.

Subp. 11.

Container.

"Container" means any portable device in which a material is stored, transported, treated, disposed of, or otherwise handled.

Subp. 11a.

Containment building.

"Containment building" means a hazardous waste management unit that is used to store or treat hazardous waste under the provisions of parts 7045.0550 and 7045.0649.

Subp. 12.

Contingency plan.

"Contingency plan" means a document setting out an organized, planned, and coordinated course of action to be followed in case of a fire, explosion, or release of hazardous waste or hazardous waste constituents which could threaten human health or the environment.

Subp. 13.

Control equipment.

"Control equipment" means an "air containment treatment facility" or a "treatment facility" as defined in Minnesota Statutes, section 116.06, subdivision 3.

Subp. 13a.

[Repealed, 29 SR 947]

Subp. 13b.

Corrosion expert.

"Corrosion expert" means a person who, by reason of knowledge of the physical sciences and the principles of engineering and mathematics, acquired by a professional education and related practical experience, is qualified to engage in the practice of corrosion control on buried or submerged metal piping systems and metal tanks. Such a person must be certified as being qualified by the National Association of Corrosion Engineers (NACE) or be a registered professional engineer who has certification or licensing that includes education and experience in corrosion control on buried or submerged metal piping systems and metal tanks.

Subp. 13c.

Corrosion protection.

"Corrosion protection" means a method used to protect a metal tank, piping, or other components from corroding. Corrosion protection includes, but is not limited to, cathodic protection, keeping the metal of the tank from being in direct contact with other surfaces, and the application of coatings designed and maintained to prevent corrosion.

Subp. 14.

Demolition debris.

"Demolition debris" means concrete, blacktop, bricks, stone facing, concrete block, stucco, glass, structural metal, and wood from demolished structures.

Subp. 15.

Designated facility.

A.

"Designated facility" means:

(1)

a hazardous waste treatment, storage, or disposal facility which has been designated on the manifest by the generator pursuant to part 7045.0261 and:

(a)

has received an agency permit or has interim status;

(b)

has received a permit or has interim status from a state authorized by the United States Environmental Protection Agency; or

(c)

is subject to the requirements of part 7045.0125, subpart 5 or 6, or 9, item B, or part 7045.0675; and

(2)

a generator site designated on the manifest to receive its waste as a return shipment from a facility that has rejected the waste according to part 7045.0476, subpart 6, or 7045.0582, subpart 6.

B.

If a designated facility is located in an Environmental Protection Agency authorized state which has not yet obtained authorization to regulate the hazardous waste it is receiving as hazardous, the designated facility must be a facility allowed by the receiving state to accept the waste.

Subp. 15a.

Destination facility.

"Destination facility" has the meaning given at Code of Federal Regulations, title 40, section 273.9.

Subp. 15b.

Detect and detection.

"Detect" and "detection" refer to the finding of statistically significant evidence of contamination as described in part 7045.0484, subpart 12, item F.

Subp. 16.

Dike.

"Dike" means an embankment or ridge of either natural or synthetic materials used to prevent the movement of liquids, sludges, solids, or other materials.

Subp. 17.

[Repealed by amendment, L 1987 c 186 s 15]

Subp. 18.

Discarded.

"Discarded" means abandoned by being:

A.

disposed of;

B.

burned or incinerated; or

C.

accumulated, stored, or treated, but not recycled, before or in lieu of being disposed of, burned, or incinerated.

Subp. 19.

Disposal.

"Disposal" means the discharge, deposit, injection, dumping, spilling, leaking, or placing of waste into or on any land or water so that the waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including ground waters.

Subp. 20.

Disposal facility.

"Disposal facility" means a facility or part of a facility at which hazardous waste is intentionally placed into or on any land or water, and at which waste will remain after closure. The term disposal facility does not include a corrective action management unit into which remediation wastes are placed.

Subp. 20a.

Drip pad.

"Drip pad" means an engineered structure consisting of a curbed, free-draining base, constructed of nonearthen materials and designed to convey preservative kickback or drippage from treated wood, precipitation, and surface water run-on to an associated collection system at wood preserving plants.

Subp. 21.

Elementary neutralization unit.

"Elementary neutralization unit" means a device which:

A.

is used for neutralizing wastes which are hazardous wastes only because they exhibit the corrosivity characteristic defined in part 7045.0131, subpart 4, or are listed in part 7045.0135 only for this reason; and

B.

meets the definition of tank, tank system, container, transport vehicle, or vessel.

Subp. 21a.

EPA Acknowledgment of Consent.

"EPA Acknowledgment of Consent" means the cable sent to EPA from the United States Embassy in a receiving country that acknowledges the written consent of the receiving country to accept the hazardous waste and describes the terms and conditions of the receiving country's consent to the shipment.

Subp. 21b.

[Repealed, 22 SR 5]

Subp. 22.

Equivalent method.

"Equivalent method" means any testing or analytical method approved by the commissioner under part 7045.0075, subpart 1.

Subp. 22a.

Exceed and exceeded.

"Exceed" and "exceeded" refer to the finding of statistically significant evidence of increased contamination as described in part 7045.0484, subpart 13, item D.

Subp. 22b.

Excluded scrap metal.

"Excluded scrap metal" means processed scrap metal, unprocessed home scrap metal, and unprocessed prompt scrap metal.

Subp. 22c.

Existing drip pad.

"Existing drip pad" means a drip pad that:

A.

is or was used to manage hazardous waste with the waste code of F032 and was constructed, or for which the owner or operator had a design and had entered into binding financial or other agreements for construction, before December 6, 1990; or

B.

is used to manage hazardous waste with the waste code of F034 or F035 and was constructed, or for which the owner or operator had a design and had entered into binding financial or other agreements for construction, before July 25, 1994.

Subp. 22d.

Existing hazardous waste management facility or existing facility.

"Existing hazardous waste management facility" or "existing facility" means a facility which was in operation or for which construction commenced on or before November 19, 1980. See subpart 10b for definition of "construction commenced."

Subp. 23.

Existing portion.

"Existing portion" means the land surface area of an existing waste management unit that is included in the original Part A permit application, and on which wastes have been placed before a permit has been issued.

Subp. 23a.

Existing tank system or existing component.

"Existing tank system" or "existing component" means a tank system or component that is used for the storage or treatment of hazardous waste that is in operation, or for which installation has commenced on or before August 8, 1988, or a tank system or component that is regulated as an existing tank system or component under Code of Federal Regulations, title 40, section 260.10. Installation will be considered to have commenced if the owner or operator has obtained all federal, state, and local approvals or permits necessary to begin physical construction of the site or installation of the tank system and if either (1) a continuous on-site physical construction or installation program has begun, or (2) the owner or operator has entered into contractual obligations, which cannot be canceled or modified without substantial loss, for physical construction of the site or installation of the tank system to be completed within a reasonable time.

Subp. 24.

Facility.

"Facility" means:

A.

all contiguous land and structures, other appurtenances, and improvements on the land used for treating, storing, or disposing of hazardous waste. A facility may consist of several treatment, storage, or disposal operational units, such as one or more landfills, surface impoundments, or combinations thereof; and

B.

for the purpose of implementing corrective action under part 7045.0485, all contiguous property under the control of an owner or operator seeking a permit under parts 7001.0010 to 7001.0730 or subtitle C of RCRA, including facilities implementing corrective action under part 7045.0275, subpart 3, or RCRA, section 3008(h); however a remediation waste management site is not a facility that is subject to part 7045.0485, unless the remediation waste management site is located within a facility that is subject to part 7045.0485.

Subp. 24a.

Final closure.

"Final closure" means the closure of all hazardous waste management units at the facility in accordance with the approved facility closure plan and all applicable closure requirements.

Subp. 24b.

Flammable liquid.

"Flammable liquid" has the meaning given in Code of Federal Regulations, title 49, section 173.120, as amended.

Subp. 25.

Flash point.

"Flash point" means the minimum temperature at which a material gives off vapor in sufficient concentration to form an ignitable mixture with air near the surface of the material when in contact with a spark or flame.

Subp. 26.

Food chain crops.

"Food chain crops" means tobacco, crops grown for human consumption, and crops grown for feed for animals whose products are consumed by humans.

Subp. 27.

Formation.

"Formation" means a body of soil or rock characterized by a degree of lithologic homogeneity which is prevailing, but not necessarily tabular, and is mappable on the earth's surface or traceable in the subsurface.

Subp. 28.

Freeboard.

"Freeboard" means the vertical distance between the top of a tank or surface impoundment dike, and the surface of the waste contained therein.

Subp. 29.

Free liquids.

"Free liquids" means liquids which readily separate from the solid portion of a waste under ambient temperature and pressure.

Subp. 30.

Garbage.

"Garbage" means discarded material resulting from the handling, processing, storage, preparation, serving, and consumption of food.

Subp. 31.

Generator.

"Generator" means any person, by site, whose act or process produces hazardous waste identified or listed in parts 7045.0102 to 7045.0155, or whose act first causes a hazardous waste to become subject to regulation. "Generator" means all size generators including large quantity generators, small quantity generators, and very small quantity generators, unless specifically stated otherwise.

Subp. 32.

Ground water or underground water.

"Ground water" or "underground water" has the meaning given in part 7060.0300.

Subp. 32a.

Halogenated organic compounds or HOC's.

"Halogenated organic compounds" or "HOC's" means those compounds having a carbon-halogen bond that are listed under Appendix III of Code of Federal Regulations, title 40, part 268, as amended.

Subp. 33.

Hazardous waste.

"Hazardous waste" has the meaning given in Minnesota Statutes, section 116.06, subdivision 11.

Subp. 34.

Hazardous waste constituent.

"Hazardous waste constituent" means a constituent that caused the commissioner to list the waste in part 7045.0135 or a constituent listed in part 7045.0141.

Subp. 34a.

Hazardous waste fuel.

"Hazardous waste fuel" means a hazardous waste that is burned for energy recovery and includes fuel that is produced from hazardous waste by processing, blending, or other treatment, except for those blended fuels described as used oil in part 7045.0800.

Subp. 35.

Hazardous waste incinerator.

"Hazardous waste incinerator" means an enclosed device using controlled flame combustion, a purpose of which is to thermally break down hazardous waste and that neither meets the criteria for classification as a boiler nor is listed or can be classified as an industrial furnace.

Subp. 36.

Hazardous waste management.

"Hazardous waste management" means the total system for the identification, storage, collection, source separation, and removal of hazardous waste from public or private property, the transportation of the waste to a hazardous waste facility, and the processing, treatment, recovery, and disposal of the waste by approved methods in accordance with this chapter. Any reference to hazardous waste being managed shall refer to the foregoing.

Subp. 36a.

Hazardous waste management unit.

"Hazardous waste management unit" is a contiguous area of land on or in which hazardous waste is placed, or the largest area in which there is significant likelihood of mixing hazardous waste constituents in the same area. Examples of hazardous waste management units include a surface impoundment, a waste pile, a land treatment area, a landfill cell, an incinerator, a tank and its associated piping and underlying containment system, and a container storage area. A container alone does not constitute a unit; the unit includes containers and the land or pad upon which they are placed.

Subp. 37.

Hazardous waste number.

"Hazardous waste number" means the number assigned to each hazardous waste listed in part 7045.0135 and to each characteristic identified in part 7045.0131.

Subp. 37a.

Home scrap metal.

"Home scrap metal" means scrap metal as generated by steel mills, foundries, and refineries, such as turnings, cuttings, punchings, and borings.

Subp. 37b.

Household.

"Household" has the meaning given in Minnesota Statutes, section 115A.96, subdivision 1, paragraph (a).

Subp. 37c.

Household battery.

"Household battery" means a disposable or rechargeable dry cell, generated by a household and commonly used as a power source for household products. "Household battery" includes nickel-cadmium, alkaline, mercuric oxide, silver oxide, zinc oxide, zinc-air, lithium, and zinc-carbon batteries, but excludes lead-acid batteries.

Subp. 37d.

Household hazardous waste.

"Household hazardous waste" has the meaning given in Minnesota Statutes, section 115A.96, subdivision 1, paragraph (b).

Subp. 37e.

Household hazardous waste collection site or collection site.

"Household hazardous waste collection site" or "collection site" as used in part 7045.0310 has the meaning established under Minnesota Statutes, section 115A.96, subdivision 1, paragraph (c).

Subp. 37f.

Household waste.

"Household waste" means any material including garbage, trash, and sanitary waste in septic tanks derived from households, including single and multiple residences, hotels and motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds, and day-use recreation areas.

Subp. 38.

Identification number.

"Identification number" means the number assigned to each generator, transporter, and treatment, storage, or disposal facility by either the Environmental Protection Agency, the state of Minnesota, or a state with a hazardous waste program authorized by the Environmental Protection Agency pursuant to Code of Federal Regulations, title 40, part 271, as amended.

Subp. 38a.

Impermeable.

"Impermeable" means unable to be passed through.

Subp. 39.

In operation.

"In operation" means a facility which is treating, storing, or disposing of hazardous waste.

Subp. 40.

Inactive portion.

"Inactive portion" means that portion of a facility which is not operated after July 16, 1984.

Subp. 40a.

Incidental burner.

"Incidental burner" means a person who burns some used oil fuel for purposes of processing other used oil or treating other used oil to produce used oil fuel for marketing. These persons are considered to be burning incidentally to processing.

Subp. 41.

Incompatible wastes.

"Incompatible wastes" means a hazardous waste which is unsuitable for:

A.

placement in a particular device or facility because it may cause corrosion or decay of containment materials such as the container inner liners or tank walls; or

B.

commingling with another waste or material under uncontrolled conditions because the commingling might produce heat or pressure, fire or explosion, violent reactions, toxic dusts, mists, fumes, or gases, or flammable fumes or gases.

Subp. 42.

Independent registered engineer.

"Independent registered engineer" means a registered engineer who is not a regular employee of the owner or operator of the facility, but rather is consulted on an intermittent basis.

Subp. 43.

Individual generation site.

"Individual generation site" means the contiguous site at or on which one or more hazardous wastes are generated. An individual generation site, such as a large manufacturing plant, may have one or more sources of hazardous waste but is considered a single or individual generation site if the site or property is contiguous.

Subp. 43a.

Indoor storage.

"Indoor storage" means storage within a permanently constructed building consisting of at least a roof and three walls permanently affixed to an impermeable floor placed on the ground.

Subp. 43b.

Industrial furnace.

"Industrial furnace" means any of the following enclosed devices that are integral components of manufacturing processes and that use controlled flame devices to accomplish recovery of materials or energy: cement kilns; lime kilns; aggregate kilns; phosphate kilns; coke ovens; blast furnaces; smelting, melting, and refining furnaces, including pyrometallurgical devices, such as cupolas, reverberator furnaces, sintering machines, roasters, and foundry furnaces; titanium dioxide chloride process oxidation reactors; methane reforming furnaces; pulping liquor recovery furnaces; combustion devices used in the recovery of sulfur values from spent sulfuric acid; and such other devices as the commissioner determines qualify for inclusion based on one or more of the following factors:

A.

the design and use of the device primarily to accomplish recovery of material products;

B.

the use of the device to burn or reduce raw materials to make a material product;

C.

the use of the device to burn or reduce secondary materials as effective substitutes for raw materials, in processes using raw materials as feedstocks;

D.

the use of the device to burn or reduce secondary materials as ingredients in an industrial process to make a material product; or

E.

the use of the device in common industrial practice to produce a material product.

Subp. 43c.

Inground tank.

"Inground tank" means a device meeting the definition of "tank" in subpart 90 whereby a portion of the tank wall is situated to any degree within the ground, thereby preventing visual inspection of that external surface area of the tank that is in the ground.

Subp. 44.

Injection well.

"Injection well" means a well into which fluids are injected.

Subp. 45.

Inner liner.

"Inner liner" means a continuous layer of material placed inside a tank or container which protects the construction materials of the tank or container from the contained waste or reagents used to treat the waste.

Subp. 45a.

[Repealed, 33 SR 2042]

Subp. 45b.

Installation inspector.

"Installation inspector" means a person who, by knowledge of the physical sciences and the principles of engineering, acquired by a professional education and related practical experience, is qualified to supervise the installation of tank systems.

Subp. 46.

Interim status.

"Interim status" has the meaning given in part 7045.0554.

Subp. 47.

International shipment.

"International shipment" means the transportation of hazardous waste into or out of the jurisdiction of the United States.

Subp. 47a.

Land disposal.

"Land disposal" means placement in or on the land, except in a corrective action management unit or staging pile, and includes, but is not limited to, placement in a landfill, surface impoundment, waste pile, injection well, land treatment facility, salt dome formation, salt bed formation, underground mine or cave, or placement in a concrete vault or bunker intended for disposal purposes.

Subp. 48.

Land treatment facility.

"Land treatment facility" means a facility or part of a facility at which hazardous waste is applied onto or incorporated into the soil surface. Such facilities are disposal facilities if the waste will remain after closure.

Subp. 49.

Landfill.

"Landfill" means a disposal facility or part of a facility where hazardous waste is placed in or on land and which is not a pile, a land treatment facility, a surface impoundment, an underground injection well, a salt dome formation, a salt bed formation, an underground mine, a cave, or a corrective action management unit.

Subp. 50.

Landfill cell.

"Landfill cell" means a discrete volume of a hazardous waste landfill which uses a liner to provide isolation of wastes from adjacent cells or wastes. Examples of landfill cells are trenches and pits.

Subp. 51.

Leachate.

"Leachate" means any liquid including any suspended components in the liquid, that has percolated through or drained from hazardous waste.

Subp. 51a.

Leak detection system.

"Leak detection system" means a system capable of detecting the failure of either the primary or secondary containment structure or the presence of a release of hazardous waste or accumulated liquid in the secondary containment structure. Such a system must employ operational controls, such as daily visual inspections for releases into the secondary containment system of aboveground tanks, or consist of an interstitial monitoring device designed to detect continuously and automatically the failure of the primary or secondary containment structure or the presence of a release of hazardous waste into the secondary containment structure.

Subp. 52.

Liner.

"Liner" means a continuous layer of reworked natural or synthetic materials beneath or on the sides of a surface impoundment, landfill, landfill cell, or waste pile, which restricts the downward or lateral escape of hazardous waste, hazardous waste constituents, or leachate.

Subp. 53.

Manifest.

"Manifest" means the shipping document EPA Form 8700-22 (including, if necessary, EPA Form 8700-22A) originated and signed by the generator or offeror in accordance with the instructions in the appendix to Code of Federal Regulations, title 40, part 262, and the applicable requirements of this chapter.

Subp. 54.

[Repealed, 31 SR 1277]

Subp. 54a.

Manifest tracking number.

"Manifest tracking number" means the alphanumeric identification number (a unique three-letter suffix preceded by nine numerical digits), which is preprinted in item 4 of the manifest by a registered source.

Subp. 55.

Manufacturing or mining by-product.

"Manufacturing or mining by-product" means a material that is not one of the primary products of a particular manufacturing or mining operation, and is a secondary and incidental product of the particular operation and would not be solely and separately manufactured or mined by the particular manufacturing or mining operation. The term does not include an intermediate manufacturing or mining product which results from one of the steps in a manufacturing or mining process and is typically processed through the next step of the process within a short time.

Subp. 55a.

Marketer.

"Marketer" means a generator who markets hazardous waste fuel or used oil fuel directly to a burner; a person who receives hazardous waste or used oil from generators and produces, processes, or blends hazardous waste fuel from these hazardous wastes, or blends used oil from these oils; a person who distributes but does not process or blend hazardous waste fuel or used oil; and a person who sends blended or processed used oils to brokers or other intermediaries.

Subp. 56.

Median lethal concentration.

"Median lethal concentration" means the calculated concentration at which a material kills 50 percent of a group of test animals within a specified time.

Subp. 57.

Median lethal dose.

"Median lethal dose" means the calculated dose at which a material kills 50 percent of a group of test animals within a specified time.

Subp. 58.

Mining overburden returned to the mine site.

"Mining overburden returned to the mine site" means any material overlying an economic mineral deposit which is removed to gain access to that deposit and is then used for reclamation of a surface mine.

Subp. 58a.

Miscellaneous unit.

"Miscellaneous unit" means a hazardous waste management unit where hazardous waste is treated, stored, or disposed of and that is not a container, tank, surface impoundment, pile, land treatment unit, landfill, incinerator, boiler, industrial furnace, underground injection well with appropriate technical standards under Code of Federal Regulations, title 40, part 146, containment building, corrective action management unit, staging pile, or unit eligible for a research, development, and demonstration permit under part 7001.0712.

Subp. 58b.

Mixed municipal solid waste.

"Mixed municipal solid waste" has the meaning given it in Minnesota Statutes, section 115A.03, subdivision 21.

Subp. 59.

Movement.

"Movement" means hazardous waste that is transported to a facility in an individual vehicle.

Subp. 59a.

New drip pad.

"New drip pad" means a drip pad that:

A.

is or was used to manage hazardous waste with the waste code of F032 and was constructed, or for which the owner or operator had or has a design and had or has entered into binding financial or other agreements for construction, on or after December 6, 1990; or

B.

is used to manage hazardous waste with the waste code of F034 or F035 and was constructed, or for which the owner or operator had or has a design and had or has entered into binding financial or other agreements for construction, on or after July 25, 1994.

Subp. 59b.

New tank system or new tank component.

"New tank system" or "new tank component" means a tank system or component that will be used for the storage or treatment of hazardous waste and for which installation has commenced after August 8, 1988, or a tank system or component that is regulated as a new tank system or component under Code of Federal Regulations, title 40, section 260.10, as amended. However, for purposes of obtaining approval for a petition under part 7045.0075, subpart 7, a new tank system is one for which construction commences after the applicable effective dates of regulation as required in this subpart.

Subp. 59c.

Nonwastewater.

"Nonwastewater" means hazardous waste that is not wastewater as defined in subpart 102c.

Subp. 59d.

Off-specification used oil.

"Off-specification used oil" means a used oil fuel that exceeds any of the specification levels for the following constituents or has a flash point less than 100 degrees Fahrenheit.

Constituent Allowable level
Arsenic, total 5 parts per million maximum
Cadmium, total 2 parts per million maximum
Chromium, total 10 parts per million maximum
Lead, total 100 parts per million maximum
Total Halogens 4,000 parts per million maximum

Subp. 59e.

Onground tank.

"Onground tank" means a device meeting the definition of "tank" in subpart 90 and that is situated in such a way that the bottom of the tank is on the same level as the adjacent surrounding surface so that the external tank bottom cannot be visually inspected.

Subp. 60.

On-site.

"On-site" means the same or geographically contiguous property which may be divided by public or private right-of-way, provided the entrance and exit between the properties is at a crossroads intersection, and access is by crossing as opposed to going along the right-of-way. Noncontiguous properties owned by the same person but connected by a right-of-way which he or she controls and to which the public does not have access, is also considered on-site property.

Subp. 60a.

On-specification used oil.

"On-specification used oil" means used oil fuel that does not exceed the specification levels for the constituents in subpart 59d, and has a flash point equal to or greater than 100 degrees Fahrenheit.

Subp. 61.

Open burning.

"Open burning" means the combustion of any material without the following characteristics:

A.

control of combustion air to maintain adequate temperature for efficient combustion;

B.

containment of the combustion-reaction in an enclosed device to provide sufficient residence time and mixing for complete combustion; or

C.

control of emission of the gaseous combustion products.

Subp. 62.

Operator.

"Operator" means the person responsible for the overall operation of a facility.

Subp. 62a.

Organization for Economic Cooperation and Development or OECD.

"Organization for Economic Cooperation and Development" or "OECD" means the organization defined in Code of Federal Regulations, title 40, section 262.58(a)(1).

Subp. 63.

Other waste material.

"Other waste material" means any solid, liquid, semisolid, or gaseous material, resulting from industrial, commercial, mining, or agricultural operations, or from community activities, and which:

A.

is discarded or is being accumulated, stored, or physically, chemically, or biologically treated prior to being discarded; or

B.

is recycled or is accumulated, stored, or treated prior to being recycled; or

C.

is a spent material or by-product.

Subp. 64.

Owner.

"Owner" means the person who owns a facility or part of a facility.

Subp. 64a.

Outdoor storage.

"Outdoor storage" means storage that does not meet the requirements of indoor storage as defined in subpart 43a.

Subp. 65.

Partial closure.

"Partial closure" means the closure of a hazardous waste management unit in accordance with the applicable closure requirements of parts 7045.0450 to 7045.0649 at a facility that contains other active hazardous waste management units. For example, partial closure may include the closure of a tank, including its associated piping and containment systems, a landfill cell, surface impoundment, waste pile, or other hazardous waste management unit, while other units of the same facility continue to operate.

Subp. 66.

Person.

"Person" has the meaning given in Minnesota Statutes, section 116.06, subdivision 17.

Subp. 67.

Personnel; facility personnel.

"Personnel" or "facility personnel" means all persons who work at or oversee the operation of a hazardous waste facility, and whose actions or failure to act may result in noncompliance with the requirements of this chapter.

Subp. 68.

Pesticide.

"Pesticide" means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest, and any substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant.

Subp. 68a.

Petroleum.

"Petroleum" means:

A.

liquid petroleum products as defined in Minnesota Statutes, section 115C.02, subdivision 10;

B.

an unused crude oil or fraction of unused crude oil that is liquid at a temperature of 60 degrees Fahrenheit and pressure of 14.7 pounds per square inch absolute; or

C.

constituents of gasoline and unused fuel oil as described under items A and B.

Subp. 69.

[Repealed, 10 SR 1688]

Subp. 70.

Pile.

"Pile" means any noncontainerized accumulation of solid, nonflowing hazardous waste that is used for treatment or storage and that is not a containment building.

Subp. 70a.

Pipeline interface material.

"Pipeline interface material" means off-specification fuel created by the mixing of fuel products of different specifications in a pipeline during transportation.

Subp. 71.

Point source.

"Point source" has the meaning given in Minnesota Statutes, section 115.01, subdivision 11, but does not include irrigation return flows.

Subp. 71a.

Polychlorinated biphenyls, PCB, or PCB's.

"Polychlorinated biphenyls, " "PCB," or "PCB's" have the meaning given "PCB" in Minnesota Statutes, section 116.36, subdivision 4.

Subp. 72.

Pretreatment unit.

"Pretreatment unit" means a device which:

A.

is part of a wastewater treatment facility which is subject to regulation under the Federal Water Pollution Control Act Amendments of 1972, United States Code, title 33, section 1317(b), as amended through June 30, 1983;

B.

receives and treats or stores an influent wastewater which is a hazardous waste as defined in parts 7045.0102 to 7045.0155; or generates and accumulates a wastewater treatment sludge which is a hazardous waste as defined in parts 7045.0102 to 7045.0155; or treats or stores a wastewater treatment sludge which is a hazardous waste as defined in parts 7045.0102 to 7045.0155; and

C.

meets the definition of "tank" as defined in subpart 90.

Subp. 72a.

Primary exporter.

"Primary exporter" means any person who is required to originate the manifest for a shipment of hazardous waste in accordance with Code of Federal Regulations, title 40, part 262, subpart B, as amended, or equivalent state provision, that specifies a treatment, storage, or disposal facility in a receiving country as the facility to which the hazardous waste will be sent and any intermediary arranging for the export.

Subp. 72b.

Processed scrap metal.

"Processed scrap metal" means scrap metal that has been manually or physically altered to either separate it into distinct materials to enhance economic value or to improve the handling of materials. Processed scrap metal includes, but is not limited to, scrap metal that has been baled, shredded, sheared, chopped, crushed, flattened, cut, melted, or separated by metal type (i.e., sorted) and fines, drosses, and related materials that have been agglomerated. Shredded circuit boards being sent for recycling are not processed scrap metal. When recycled, shredded circuit boards are governed by part 7045.0125, subpart 4, item P.

Subp. 72c.

Prompt scrap metal.

"Prompt scrap metal" means scrap metal as generated by the metal working or fabrication industries and includes such scrap metal as turnings, cuttings, punchings, and borings. Prompt scrap metal is also known as industrial or new scrap metal.

Subp. 73.

Publicly owned treatment works.

"Publicly owned treatment works" means any device or system used in the treatment of municipal sewage or industrial wastes of a liquid nature, including recycling and reclamation, which is owned by a state or municipality as defined in the Federal Water Pollution Control Act Amendments of 1972, United States Code, title 33, section 1362(4), as amended. This definition includes sewers, pipes, or other conveyances only if they convey wastewater to a publicly owned treatment works providing treatment.

Subp. 73a.

RCRA.

"RCRA" means the Resource Conservation and Recovery Act, as amended.

Subp. 73b.

Receiving country.

"Receiving country" means a foreign country to which a hazardous waste is sent for the purpose of treatment, storage, or disposal, except short-term storage incidental to transportation.

Subp. 73c.

Reclamation.

"Reclamation" means the processing or regeneration of a waste to recover a usable product. Examples are the recovery of lead values from spent batteries and regeneration of spent solvents.

Subp. 73d.

Record or record keeping.

"Record" or "record keeping" means storing information either in printed form or in a computer storage system or other electronic medium.

Subp. 73e.

Recyclable fuel.

"Recyclable fuel" means any petroleum fuel which is no longer fit for use and which requires reclamation to be used.

Subp. 73f.

Recycle.

"Recycle" means the reclamation, reuse, or use of a hazardous waste.

Subp. 73g.

Regional administrator.

"Regional administrator" means the regional administrator for the United States Environmental Protection Agency, Region V, Chicago, Illinois.

Subp. 73h.

Registered fuel recycling facility.

"Registered fuel recycling facility" means a facility where the owners or operators have notified the commissioner of its waste management activities according to part 7045.0125, subpart 9, item D, and have received acknowledgment or confirmation by the commissioner that the agency is aware of the facility's waste management activities.

Subp. 73i.

Remediation waste.

"Remediation waste" means all solid and hazardous wastes, and all media (including groundwater, surface water, soils, and sediments) and debris, that are managed for implementing cleanup.

Subp. 73j.

Remediation waste management site.

"Remediation waste management site" means a facility where an owner or operator is or will be treating, storing, or disposing of hazardous remediation wastes. A remediation waste management site is not a facility that is subject to corrective action under part 7045.0485, but is subject to corrective action requirements if the site is located in a facility that is subject to part 7045.0485.

Subp. 73k.

Replacement unit.

"Replacement unit" means a landfill, surface impoundment, or waste pile unit (1) from which all or substantially all of the waste is removed, and (2) that is subsequently reused to treat, store, or dispose of hazardous waste. Replacement unit does not apply to a unit from which waste is removed during closure, if the subsequent reuse solely involves the disposal of waste from that unit and other closing units or corrective action areas at the facility, in accordance with an approved closure plan or EPA or state-approved corrective action.

Subp. 74.

Representative sample.

"Representative sample" means a sample of a universe or whole, such as a waste pile, lagoon, or ground water which can be expected to exhibit the average properties of the universe or whole.

Subp. 75.

Resource recovery.

"Resource recovery" has the meaning given in Minnesota Statutes, section 115A.03, subdivision 27.

Subp. 75a.

Reuse.

"Reuse" means employing a waste as an ingredient in an industrial process to make a product or as an effective substitute for a commercial product, provided that distinct components of the waste are not recovered as end products.

Subp. 76.

Rubbish.

"Rubbish" means discarded paper, cardboard, yard clippings, crop residues, brush, wood, glass, bedding, crockery, or litter.

Subp. 77.

Runoff.

"Runoff" means any rainwater, leachate, or other liquid that drains over land from any part of a facility.

Subp. 78.

Run-on.

"Run-on" means any rainwater, leachate, or other liquid that drains over land onto any part of a facility.

Subp. 79.

Saturated zone or zone of saturation.

"Saturated zone" or "zone of saturation" means that part of the earth's crust in which all voids are filled with water.

Subp. 79a.

Scrap metal.

"Scrap metal" means bits and pieces of metal parts (for example, bars, turnings, rods, sheets, wire) or metal pieces that may be combined together with bolts or soldering (for example, radiators, scrap automobiles, railroad box cars) which when worn or superfluous can be recycled.

Subp. 80.

Seasonal high water table.

"Seasonal high water table" means the highest level the water table reaches during a given year.

Subp. 80a.

Secondary containment.

"Secondary containment" means a safeguard specifically designed to contain releases of hazardous waste or hazardous waste constituents from a container or a storage tank or its appurtenances.

Subp. 81.

Sewage.

"Sewage" has the meaning given in Minnesota Statutes, section 115.01, subdivision 17.

Subp. 82.

Sewer system.

"Sewer system" has the meaning given in Minnesota Statutes, section 115.01, subdivision 18.

Subp. 83.

Shoreland.

"Shoreland" has the meaning given in Minnesota Statutes, section 103F.205, subdivision 4, and rules adopted pursuant to that section.

Subp. 84.

Sludge.

"Sludge" has the meaning given in Minnesota Statutes, section 116.06, subdivision 21.

Subp. 84a.

Sorbent or sorb.

"Sorbent" means a material that is used to soak up free liquids by either adsorption or absorption, or both. "Sorb" means to either adsorb or absorb, or both.

Subp. 84b.

Speculative accumulation.

"Speculative accumulation" means accumulation of a hazardous waste before it is recycled. Speculative accumulation does not include accumulation of a waste if there is a feasible method of recycling for the waste and at least 75 percent by volume or weight of the waste is recycled during a calendar year. The 75 percent requirement applies to each waste of the same type that is recycled in the same way.

Subp. 84c.

Spent material.

"Spent material" means a material that has been used and as a result of contamination can no longer serve the purpose for which it was produced without processing.

Subp. 85.

Spill.

"Spill" means the accidental or intentional spilling, leaking, pumping, pouring, emitting, or dumping into or on any land or water of hazardous wastes or materials which, when spilled, become hazardous wastes.

Subp. 85a.

Staging pile.

"Staging pile" means an accumulation of solid, nonflowing remediation waste that is not a containment building and is used only during remedial operations for temporary storage at a facility. Staging piles must be designated by the commissioner according to the requirements of part 7045.0547.

Subp. 86.

State.

"State" means the state of Minnesota.

Subp. 87.

Storage.

"Storage" means the holding of hazardous waste for a temporary period at the end of which the hazardous waste is treated, disposed of, or stored elsewhere.

Subp. 87a.

Sump.

"Sump" means any pit or reservoir that meets the definition of "tank" and those troughs or trenches connected to it that serve to collect hazardous waste for transport to hazardous waste storage, treatment, or disposal facilities; except that as used in the landfill, surface impoundment, and waste pile rules, sump means any lined pit or reservoir that serves to collect liquids drained from a leachate collection and removal system or leak detection system for subsequent removal from the system.

Subp. 88.

Surface impoundment or impoundment.

"Surface impoundment" or "impoundment" means a facility or part of a facility which is a natural topographic depression, excavation made by humans, or diked area formed primarily of earthen materials which is designed to hold an accumulation of liquid wastes or wastes containing free liquids and which is not an injection well. Examples of surface impoundments are holding, storage, settling, and aeration pits, ponds, and lagoons. Impoundments may be lined with synthetic materials.

Subp. 89.

Surficial karst features.

"Surficial karst features" means features formed in soluble bedrock and which have surficial expressions or are shallow enough to potentially affect the integrity of an overlying facility.

Subp. 90.

Tank.

"Tank" means a stationary device designed to contain an accumulation of hazardous waste which is constructed primarily of nonearthen materials, such as wood, concrete, steel, and plastic, which provide structural support.

Subp. 90a.

Tank system.

"Tank system" means a hazardous waste storage or treatment tank and its associated ancillary equipment and containment system.

Subp. 90b.

Temporary unit.

"Temporary unit" means a tank or container used to treat or store remediation waste for a period of less than one year, as governed by part 7045.0546.

Subp. 91.

Thermal treatment.

"Thermal treatment" means the treatment of hazardous waste in a device which uses elevated temperatures as the primary means to change the chemical, physical, or biological character or composition of the hazardous waste. "Thermal treatment" includes processes of incineration, molten salt, pyrolysis, calcination, wet air oxidation, and microwave discharge.

Subp. 92.

Totally enclosed treatment facility.

"Totally enclosed treatment facility" means a facility for the treatment of hazardous waste which is directly connected to an industrial production process and which is constructed and operated in a manner which prevents the release of any hazardous waste or any constituent thereof into the environment during treatment. An example is a pipe in which waste acid is neutralized.

Subp. 93.

Transfer facility.

"Transfer facility" means any transportation-related facility including loading docks, parking areas, storage areas, and other similar areas where shipments of hazardous waste are held during the normal course of transportation.

Subp. 93a.

Transit country.

"Transit country" means any foreign country, other than a receiving country, through which a hazardous waste is transported.

Subp. 94.

Transportation.

"Transportation" means the movement of hazardous waste by air, rail, highway, or water.

Subp. 95.

Transport vehicle.

"Transport vehicle" means a motor vehicle or rail car used for the transportation of cargo by any mode. Each cargo-carrying body, such as a trailer or railroad freight car, is a separate transport vehicle.

Subp. 96.

Transporter.

"Transporter" means a person engaged in the off-site transportation of hazardous waste by air, rail, highway, or water.

Subp. 96a.

Treatability study.

"Treatability study" means a study in which a hazardous waste is subjected to a treatment process to determine:

A.

whether the waste is amenable to the treatment process;

B.

what pretreatment might be required;

C.

the optimal process conditions needed to achieve the desired treatment;

D.

the efficiency of a treatment process for a specific waste or wastes; or

E.

the characteristics and volumes of residuals from a particular treatment process.

Also included in this definition, for the purpose of the exemptions of part 7045.0121, are liner compatibility, corrosion, and other material compatibility studies and toxicological and health effects studies. A treatability study is not a means to commercially treat or dispose of hazardous waste.

Subp. 97.

Treatment.

"Treatment" means any method, technique, or process, including neutralization, designed to change the physical, chemical, or biological character or composition of any hazardous waste so as to neutralize the waste, or so as to recover energy or material resources from the waste, or so as to render the waste nonhazardous, or less hazardous, safer to transport, store, or dispose of, or amenable for recovery, amenable for storage, or reduced in volume.

Subp. 98.

Treatment zone.

"Treatment zone" means a soil area of the unsaturated zone of a land treatment unit within which hazardous constituents are degraded, transformed, or immobilized.

Subp. 98a.

Underground tank.

"Underground tank" means a device meeting the definition of "tank" in subpart 90 whose entire surface area is totally below the surface of and covered by the ground.

Subp. 98b.

Underlying hazardous constituent.

"Underlying hazardous constituent" means any constituent listed in Code of Federal Regulations, title 40, section 268.48, Table UTS - Universal Treatment Standards, as incorporated in part 7045.1390, except fluoride, selenium, sulfides, vanadium, and zinc, which can reasonably be expected to be present at the point of generation of the hazardous waste at a concentration above the constituent-specific UTS treatment standards.

Subp. 98c.

Unfit for use tank system.

"Unfit for use tank system" means a tank system that has been determined through an integrity assessment or other inspection to be no longer capable of storing or treating hazardous waste without posing a threat of release of hazardous waste to the environment.

Subp. 98d.

Universal waste.

"Universal waste" has the meaning given at Code of Federal Regulations, title 40, section 273.9.

Subp. 98e.

Universal waste handler.

"Universal waste handler" has the meaning given at Code of Federal Regulations, title 40, section 273.9.

Subp. 98f.

Universal waste transporter.

"Universal waste transporter" has the meaning given at Code of Federal Regulations, title 40, section 273.9.

Subp. 99.

Unsaturated zone; zone of aeration.

"Unsaturated zone" or "zone of aeration" means the zone between the land surface and the water table.

Subp. 100.

Uppermost aquifer.

"Uppermost aquifer" means the geologic formation nearest the natural ground surface that is an aquifer, as well as lower aquifers that are hydraulically interconnected with this aquifer within the facility's property boundary.

Subp. 100a.

Used oil.

"Used oil" means any oil which has been refined from crude oil or any synthetic oil derived from coal, shale, or polymer or nonpolymer base, that has been used as a lubricant, heat transfer fluid, hydraulic fluid, or for similar uses, and as a result of such use has become contaminated by physical or chemical impurities. Lubricants include, but are not limited to motor oil, greases, metalworking lubricants including aqueous metalworking lubricants containing petroleum oil, emulsions, and refrigerant oils. Heat transfer fluids include, but are not limited to, coolants, heating media, and electrical insulation oils. Hydraulic fluids include, but are not limited to, transmission fluids, power steering fluids, and brake fluids. Virgin oils of the types described in this subpart that are intentionally disposed in solid waste, or in or on the land or waters of the state before being used for their original intended purpose are used oil. Used oil does not include: petroleum-based products used as solvents; product fuels; ethylene and propylene glycol antifreeze; wastewater from which used oil has been recovered to the extent possible; used oil residues and sludges generated from used oil storage, processing, and rerefining that are not usable as used oil fuel and are not able to be processed into used oil fuel; and virgin oil that is unintentionally disposed. Other terms related to used oil are defined in part 7045.0790.

Subp. 100b.

Used oil filter.

"Used oil filter" means a device attached to a vehicle, machine, or piece of equipment used for removing contaminants from lubricating oil that as a result of being used has become contaminated with oil and other contaminants.

Subp. 100c.

Used oil fuel.

"Used oil fuel" means used oil that is burned for energy recovery, and includes fuel produced from used oil by processing, blending, or other treatment, except for those blended fuels described as hazardous waste in part 7045.0800.

Subp. 100d.

Vault system.

"Vault system" means an underground, concrete or equivalent, impermeable secondary containment structure consisting of four walls, a floor, and roof used to encapsulate one or more tanks.

Subp. 101.

Vessel.

"Vessel" means every description of watercraft used or capable of being used as a means of transportation on the water.

Subp. 102.

Waste.

"Waste" has the meaning given in Minnesota Statutes, section 116.06, subdivision 23.

Subp. 102a.

Waste household battery.

"Waste household battery" means a household battery which is discarded before use.

Subp. 102b.

[Repealed, 20 SR 715]

Subp. 102c.

Wastewater.

"Wastewater" means waste that contains less than one percent by weight total organic carbon (TOC) and less than one percent by weight total suspended solids (TSS), with the following exceptions:

A.

F001, F002, F003, F004, or F005 wastewaters are solvent-water mixtures that contain less than one percent by weight total organic carbon or less than one percent by weight total F001, F002, F003, F004, or F005 solvent constituents listed in Code of Federal Regulations, title 40, section 268.40, as incorporated in part 7045.1390;

B.

K011, K013, or K014 wastewaters that contain less than five percent by weight total organic carbon and less than one percent by weight total suspended solids as generated; or

C.

K0103 or K0104 wastewaters that contain less than four percent by weight total organic carbon and less than one percent by weight total suspended solids.

Subp. 103.

Wastewater treatment unit.

"Wastewater treatment unit" means a device which:

A.

is part of a wastewater treatment facility which is subject to regulation under the Federal Water Pollution Control Act Amendments of 1972, United States Code, title 33, sections 1317(b) and 1342, as amended;

B.

receives and treats or stores an influent wastewater which is a hazardous waste as defined in parts 7045.0102 to 7045.0155; or generates and accumulates a wastewater treatment sludge which is a hazardous waste as defined in parts 7045.0102 to 7045.0155; or treats or stores a wastewater treatment sludge which is a hazardous waste as defined in parts 7045.0102 to 7045.0155; and

C.

meets the definition of "tank" as defined in subpart 90, or "tank system" as defined in subpart 90a.

Subp. 104.

Water bulk shipment.

"Water bulk shipment" means the bulk transportation of hazardous waste which is loaded or carried on board a vessel without containers or labels.

Subp. 105.

Waters of the state.

"Waters of the state" has the meaning given in Minnesota Statutes, section 115.01, subdivision 22.

Subp. 106.

Water table.

"Water table" means the surface of the ground water at which the pressure is atmospheric. Generally, this is the top of the saturated zone.

Subp. 107.

Well.

"Well" means any shaft or pit dug or bored into the earth, generally of a cylindrical form, and often walled with bricks or tubing to prevent the earth from caving in.

Subp. 108.

Wetland.

"Wetland" has the meaning given to "wetlands" in part 7050.0130, item F.

Subp. 109.

Zone of engineering control.

"Zone of engineering control" means an area under the control of the owner or operator that, upon detection of a hazardous waste release, can be readily cleaned up before the release of hazardous waste or hazardous constituents to ground water or surface water.

Statutory Authority:

MS s 115.03; 116.07; 116.37

History:

9 SR 115; 9 SR 2118; 10 SR 1688; 11 SR 1832; 11 SR 2415; L 1987 c 186 s 15; 12 SR 1660; 13 SR 259; 13 SR 1238; 13 SR 2761; 14 SR 1718; 14 SR 2248; 15 SR 801; 15 SR 1515; 15 SR 1877; 16 SR 197; 16 SR 2102; 16 SR 2239; 17 SR 1279; 18 SR 1565; 18 SR 1751; 18 SR 1886; 18 SR 2195; 20 SR 714; 20 SR 715; 22 SR 5; 29 SR 947; 30 SR 43; 31 SR 1277; 33 SR 2042

Published Electronically:

October 10, 2013

7045.0030

[Repealed by amendment, 9 SR 115]

Published Electronically:

October 10, 2013

7045.0040

[Repealed by amendment, 9 SR 115]

Published Electronically:

October 10, 2013

7045.0050

[Repealed by amendment, 9 SR 115]

Published Electronically:

October 10, 2013

7045.0060 VARIANCES.

Any person who applies for a variance from any requirement of this chapter shall comply with part 7000.7000. An application for a variance must be acted upon by the agency according to Minnesota Statutes, section 116.07, subdivision 5 and part 7000.7000. However, no variance may be granted if granting the variance would result in noncompliance with EPA regulations for the generation, storage, processing, treatment, transportation, or disposal of hazardous waste or the operation of hazardous waste facilities.

Statutory Authority:

MS s 116.07

History:

9 SR 115; 19 SR 1310

Published Electronically:

October 10, 2013

7045.0065 INCORPORATION AND AVAILABILITY OF REFERENCES.

The documents referred to in this part are incorporated by reference. The documents are not subject to frequent change, unless otherwise noted, and are available online or through the Minitex interlibrary loan system, unless otherwise noted:

A.

the implicit price deflator for gross domestic product from the Bureau of Economic Analysis, United States Department of Commerce. This document is subject to frequent change and is readily available at the Bureau of Economic Analysis website: www.bea.gov;

B.

the most recent edition of the Uniform Customs and Practice for Documentary Credits, published by the International Chamber of Commerce;

C.

Standard Industrial Classification Manual issued by the Office of Management and Budget, Executive Office of the President of the United States (1987); and

D.

the documents found in Code of Federal Regulations, title 40, section 260.11, as amended.

Statutory Authority:

MS s 116.07

History:

9 SR 115; 10 SR 1688; 14 SR 976; 20 SR 715; 22 SR 2300; 32 SR 10; 33 SR 2042

Published Electronically:

March 5, 2019

7045.0070 OTHER STANDARDS.

Nothing in this chapter shall relieve any person from any obligations or duties imposed by any other laws, statutes, rules, standards, or ordinances of the federal, state, or local governments or any agency thereof now in effect or which become effective in the future, including county ordinances adopted under Minnesota Statutes, section 473.811. In the event this chapter conflicts with any such laws, statutes, rules, standards, or ordinances, the more stringent shall apply. Nothing in this chapter shall be construed to require any person to comply with any portion of this chapter if that portion should at any time be preempted by federal law.

Statutory Authority:

MS s 116.07

History:

9 SR 115; 22 SR 5

Published Electronically:

October 10, 2013

7045.0071 UNDERGROUND INJECTION.

References to underground injection of waste throughout this chapter are subject to Minnesota statutes and rules prohibiting the discharge of waste or pollutants to the saturated or unsaturated zones.

Statutory Authority:

MS s 116.07

History:

33 SR 2042

Published Electronically:

October 10, 2013

7045.0075 PETITIONS.

Subpart 1.

Petitions for equivalent testing or analytical methods.

Any person seeking to use a testing or analytical method other than those described in parts 7045.0102 to 7045.0155 or 7045.0450 to 7045.0649 may petition under these provisions. The person must demonstrate to the satisfaction of the commissioner that the proposed method is equal to or superior to the corresponding method prescribed in parts 7045.0102 to 7045.0155 or 7045.0450 to 7045.0649 in terms of its sensitivity, accuracy, precision, and reproducibility. Each petition must include:

A.

the petitioner's name and address;

B.

a statement of the petitioner's interest in the proposed action;

C.

a full description of the proposed method, including all procedural steps and equipment used in the method;

D.

a description of the types of wastes or waste matrices for which the proposed method may be used;

E.

comparative results obtained from using the proposed method with those obtained from using the relevant or corresponding methods prescribed in parts 7045.0102 to 7045.0155 or 7045.0450 to 7045.0649;

F.

an assessment of any factors which may interfere with, or limit the use of, the proposed method; and

G.

a description of the quality control procedures necessary to ensure the sensitivity, accuracy, and precision of the proposed method.

After receiving a petition for an equivalent testing or analytical method, the commissioner may request any additional information on the proposed method which the commissioner may reasonably require to evaluate the method.

Subp. 2.

Petitions to exclude a waste produced at a particular facility.

Petitions to exclude a waste produced at a particular facility are as follows:

A.

Any person seeking to exclude a waste at a particular generating facility from regulation under this chapter may petition under these provisions. The petitioner must demonstrate to the satisfaction of the agency that the waste produced by a particular generating facility does not meet any of the criteria under which the waste was listed as a hazardous waste and, in the case of an acutely hazardous waste meeting the criteria in part 7045.0129, subpart 1, item B, that it also does not meet the criteria of part 7045.0129, subpart 1, item C. In determining whether to exclude a waste as requested by the petition, the agency must consider the factors considered at the time the waste was listed and, if the agency has reason to believe that other factors, including additional constituents, could also cause the waste to be hazardous, the agency must also consider these other factors. In order to exclude a waste as requested by the petition, the agency must determine that no factor exists that warrants retaining the classification of the waste as hazardous. A waste which is so excluded may still, however, be a hazardous waste by operation of part 7045.0131.

B.

These procedures may also be used to petition the agency to exclude from part 7045.0214, subpart 2, item A or subpart 3, a waste which is described in those subparts and is either a waste listed in part 7045.0135, contains a waste listed in part 7045.0135, or is derived from a waste listed in part 7045.0135. This exclusion may only be issued for a particular generating, storage, treatment, or disposal facility. The petitioner must make the same demonstration as required by item A, except that where the waste is a mixture of solid waste and one or more listed hazardous wastes or is derived from one or more hazardous wastes, this demonstration may be made with respect to each constituent listed waste or the waste mixture as a whole. A waste which is so excluded may still be a hazardous waste by operation of part 7045.0131.

C.

Demonstration samples must consist of enough representative samples, but in no case less than four samples, taken over a period of time sufficient to represent the variability or the uniformity of the waste.

D.

If the waste is listed with codes "I," "C," "R," or "E" in part 7045.0135, the petitioner must show that the waste does not exhibit a relevant characteristic defined in part 7045.0131 using any applicable methods prescribed in part 7045.0131. The petitioner also must show that the waste does not exhibit any of the other characteristics in part 7045.0131 using any applicable method prescribed in part 7045.0131. In determining whether to exclude a waste as requested by the petition, the agency must consider the factors considered at the time the waste was listed and, if the agency has reason to believe that other factors, including additional constituents, could also cause the waste to be hazardous, the agency must also consider these other factors. In order to exclude a waste as requested by the petition, the agency must determine that no factor exists that warrants retaining the classification of the waste as hazardous. A waste which is so excluded, however, may still be a hazardous waste by operation of part 7045.0131.

E.

If the waste is listed with code "T" in part 7045.0135, subitems (1) to (4) apply.

(1)

The petitioner must demonstrate that the waste:

(a)

does not contain the constituent or constituents in part 7045.0141 that caused the agency to list the waste, using the appropriate test methods prescribed in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA publication SW-846, incorporated by reference in part 7045.0065, item D; or

(b)

although containing one or more of the hazardous constituents, as defined in part 7045.0141, that caused the agency to list it, the waste does not meet the criterion of part 7045.0129, subpart 1, item C, when considering the factors in part 7045.0129, subpart 1, item C, subitems (1) to (11).

(2)

In determining whether to exclude a waste as requested by the petition, the agency must consider the factors considered at the time the waste was listed and, if the agency has reason to believe that other factors, including additional constituents, could also cause the waste to be hazardous, the agency must also consider these other factors. In order to exclude a waste as requested by the petition, the agency must determine that no factor exists that warrants retaining the classification of the waste as hazardous.

(3)

The petitioner must demonstrate that the waste does not exhibit any of the characteristics defined in part 7045.0131 using any applicable methods prescribed therein.

(4)

A waste which is so excluded, however, still may be a hazardous waste by operation of part 7045.0131.

F.

If the waste is listed with the code "H" in part 7045.0135, the petitioner must demonstrate that the waste does not meet the criterion of part 7045.0129, subpart 1, item B.

(1)

In determining whether to exclude a waste as requested by the petition, the agency must consider the factors considered at the time the waste was listed and, if the agency has reason to believe that other factors, including additional constituents, could also cause the waste to be hazardous, the agency must also consider these other factors. In order to exclude a waste as requested by the petition, the agency must determine that no factor exists that warrants retaining the classification of the waste as hazardous.

(2)

The petitioner must demonstrate that the waste does not exhibit any of the characteristics defined in part 7045.0131 using any applicable methods prescribed therein.

(3)

A waste which is so excluded, however, still may be a hazardous waste by operation of part 7045.0131.

G.

Each petition must include in addition to the information required by item B:

(1)

the petitioner's name and address;

(2)

a statement of the petitioner's interest in the proposed action;

(3)

the name and address of the laboratory facility performing the sampling or testing of the waste;

(4)

the names and qualifications of the persons sampling and testing the waste;

(5)

the dates of sampling and testing;

(6)

the location of the generating facility;

(7)

a description of the manufacturing processes or other operations and feed materials producing the waste and an assessment of whether such processes, operations, or feed materials can or might produce a waste that is not covered by the demonstration;

(8)

a description of the waste and an estimate of the average and maximum monthly and annual quantities of waste covered by the demonstration;

(9)

pertinent data on and discussion of the factors delineated in the respective criterion for listing a hazardous waste, when the demonstration is based on the factors in part 7045.0129, subpart 1, item C, subitems (1) to (11);

(10)

a description of the methodologies and equipment used to obtain the representative samples;

(11)

a description of the sample handling and preparation techniques, including techniques used for extraction, containerization, and preservation of the samples;

(12)

a description of the tests performed, including results;

(13)

the names and model numbers of the instruments used in performing the tests; and

(14)

the following statement signed by the generator of the waste or an authorized representative:

"I certify under penalty of law that I have personally examined and am familiar with the information submitted in this demonstration and all attached documents, and that, based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the submitted information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment."

H.

After receiving a petition for an exclusion, the agency or the commissioner may request any additional information which may reasonably be required to evaluate the petition. An exclusion will only apply to the waste generated at the individual facility and covered by the demonstration and will not apply to waste from any other facility. The agency may limit the exclusion to portions of the waste for which sufficient affirmative demonstration is provided when it has reason to believe that the hazardous characteristics may not be consistent throughout the waste or that the demonstration may not be representative of the entire petitioned waste.

Subp. 3.

Petition for reduced regulation of hazardous waste being speculatively accumulated or reclaimed prior to use.

The agency may, upon presentation of a petition for those purposes, reduce any of the requirements of chapter 7045 applicable to reclamation, reuse, or recycling. The agency shall apply the standards and criteria set forth below in determining whether to grant a petition to reduce the regulatory requirements for the following recycled hazardous wastes.

A.

Any person seeking a reduction in regulation of hazardous wastes that are accumulated speculatively as defined in part 7045.0020 without sufficient amounts being recycled as defined in part 7045.0020 may petition under this subpart. The petitioner must demonstrate to the satisfaction of the agency that sufficient amounts will be recycled or transferred for recycling in the following year. Such a reduction in regulation is valid only for the following year, but may be renewed on an annual basis by filing a new petition. The agency's decision to grant the petition shall be based on the following standards and criteria:

(1)

the manner in which the hazardous waste is to be recycled, when the waste is expected to be recycled, and whether the expected disposition is likely to be affected by past practice, market factors, the nature of the hazardous waste, or contractual arrangements for recycling;

(2)

the reason that the applicant has accumulated the hazardous waste for one or more years without recycling 75 percent of the volume accumulated at the beginning of the previous year;

(3)

the quantity of the hazardous waste already accumulated and the quantity expected to be generated and accumulated before the hazardous waste is recycled;

(4)

the extent to which the hazardous waste is handled to minimize loss; and

(5)

any additional information the commissioner may reasonably request which may be required to evaluate the petition.

B.

Any person seeking a reduction in regulation of hazardous wastes that are reclaimed and then reused as feedstock within the original production process in which the hazardous wastes were generated if the reclamation is an essential part of the production process may petition under these provisions. The agency's decision regarding the petition shall be based on the following standards and criteria:

(1)

how economically viable the production process would be if it were to use virgin materials rather than the reclaimed hazardous waste;

(2)

the prevalence of the practice on an industry wide basis;

(3)

the extent to which the hazardous waste is handled before reclamation to minimize loss;

(4)

the time periods between generating the hazardous waste and its reclamation, and between reclamation and return to the original primary production process;

(5)

the location of the reclamation operation in relation to the production process;

(6)

whether the hazardous waste as reclaimed is used for the purpose for which it was originally produced when it is returned to the original process, and whether it is returned to the process in substantially its original form;

(7)

whether the person who generates the hazardous waste also reclaims it; and

(8)

any additional information the commissioner may reasonably request which may be required to evaluate the petition.

C.

Any person seeking a reduction in regulation of hazardous waste that has been reclaimed but must be reclaimed further before recovery is completed if, after initial reclamation, the resulting material is used like a commodity, may petition under this subpart. The agency's decision to grant the petition shall be based on the following standards and criteria:

(1)

the degree of processing the hazardous waste has undergone and the degree of further processing that is required;

(2)

the value of the hazardous waste after it has been reclaimed;

(3)

the degree to which the reclaimed hazardous waste is like an analogous raw material;

(4)

the extent to which an end market for the reclaimed hazardous waste is guaranteed;

(5)

the extent to which the reclaimed hazardous waste is handled to minimize loss; and

(6)

any additional information the commissioner may reasonably request that may be required to evaluate the petition.

Subp. 4.

Petition to be classified as a boiler.

In accordance with the definition of boiler in part 7045.0020, the commissioner may determine that certain enclosed devices using controlled flame combustion are boilers, although they do not otherwise meet the definition of boiler, based on the following standards and criteria:

A.

the extent to which the unit has provisions for recovering and exporting thermal energy in the form of steam, heated fluids, or heated gases;

B.

the extent to which the combustion chamber and energy recovery equipment are of integral design;

C.

the efficiency of energy recovery, calculated in terms of the recovered energy compared with the thermal value of fuel;

D.

the extent to which the exported energy is utilized;

E.

the extent to which the device is in common and customary use as a "boiler" functioning to produce steam, heated fluids, or heated gases; and

F.

any additional information the commissioner may reasonably request which may be required to evaluate the petition.

Subp. 5.

Petition for use of alternate manifest.

A person who meets the criteria in item A may submit a petition to the commissioner for approval of the use of an alternate manifest system as described in item B. The criteria the commissioner shall use in determining whether to approve the use of the alternate manifest system are provided in item C.

A.

Only persons meeting the following criteria are eligible to file a petition under this subpart:

(1)

the person proposing to use the alternate manifest system must agree to only use the alternate manifest for the transportation of waste from small quantity or very small quantity generators;

(2)

the person proposing to use the alternate manifest system must agree to only use the alternate manifest for waste that will be reclaimed under a contractual agreement specifying the type and frequency of waste shipments; and

(3)

the person proposing to use the alternate manifest system must own and operate the recycling facility to which the waste is proposed to be transported, and must also own the vehicle to be used in transporting the waste to the recycling facility and in delivering reclaimed material back to the generator.

B.

Upon approval, an alternate manifest system may be used in lieu of the manifest system described in parts 7045.0261 to 7045.0265. The commissioner shall only approve alternate manifest systems meeting the following criteria:

(1)

The alternate manifest system must include a manifest form to be used by the generator to notify the commissioner each time waste is transported under this subpart. The manifest form must include: a space for the generator's name, mailing address, telephone number, and identification number; a space for the transporter's name and identification number; a space for the name, address, telephone number, and identification number of the recycling facility; a space for the United States Department of Transportation shipping name, hazard class, identification number, and packing group of the waste as specified in the United States Department of Transportation Code, title 49, parts 171 to 199; a space for the number and type of containers and total volume of the waste being shipped; a space for the waste identification number as specified in part 7045.0131, 7045.0135, or 7045.0137; a space for the signature of the generator or the generator's authorized representative affirming the correctness of the information; the mailing address of the commissioner; and a statement advising the generator to complete the form and submit it to the commissioner within five working days of transporting waste.

(2)

The alternate manifest system must provide for the petitioner's submittal, on a monthly basis, of summaries of the names and identification numbers of generators who transported wastes using the alternate manifest and the volume and number of containers of each waste type shipped by each generator.

(3)

The alternate manifest system must allow generators the option of using the manifest system provided in parts 7045.0261 and 7045.0265 in lieu of the alternate manifest system.

C.

To obtain the commissioner's approval of the alternate manifest system, the petitioner must:

(1)

submit information demonstrating that the petitioner meets the criteria in item A;

(2)

submit information demonstrating that the proposed alternate manifest system meets the criteria in item B; and

(3)

submit information demonstrating the effectiveness and reliability of the alternate manifest system, including the following: information on the waste that will be managed and the general type of customers who will be using the alternate manifest system; information on the type of recycling service provided by the petitioner and a description of the petitioner's recycling facility; information on the type of vehicle to be used and the system to be used to pick up and deliver waste from the generator to the petitioner's recycling facility; and a discussion of the measures to be taken to educate generators on the use of the alternate manifest and their responsibilities as waste generators.

Subp. 6.

Petition for alternate design or operating practices for secondary containment of tank systems.

A person may submit a petition to the commissioner for approval to use alternate design or operating practices in lieu of the requirements of parts 7045.0528, subpart 4, and 7045.0628, subpart 4. The commissioner's decision shall be based on a demonstration by the petitioner that the alternate design and operating practices, together with location characteristics, will prevent the migration of any hazardous wastes or hazardous constituents into surface and ground water as effectively as the secondary containment requirements of parts 7045.0528, subpart 4, and 7045.0628, subpart 4, during the active life of the tank system.

A.

In order to determine equivalent protection, the commissioner shall consider:

(1)

the nature and quantity of the wastes;

(2)

the proposed alternate design and operating practices;

(3)

the hydrogeologic setting of the facility, including the thickness of soils present between the tank system and ground water; and

(4)

factors that would influence the quality and mobility of the hazardous constituents and the potential for them to migrate to ground water or surface water.

B.

The following procedures must be followed for submittal of a petition for alternate design or operating practices for secondary containment of permitted tank systems.

(1)

The commissioner must be notified in writing by the owner or operator that he or she intends to conduct and submit a demonstration for a petition from secondary containment for existing tank systems. This notification must be submitted at least 24 months before the date that secondary containment must be provided in accordance with part 7045.0528, subpart 4, item A. For new tank systems, this notification must be submitted at least 30 days before entering into a contract for installation.

(2)

As part of the notification, the owner or operator must also submit to the commissioner a description of the steps necessary to conduct the demonstration and a timetable for completing each of the steps. The demonstration must address each of the factors listed in item A.

(3)

The demonstration for a petition must be completed within 180 days after notifying the commissioner of an intent to conduct the demonstration.

(4)

If a petition is granted under this subpart, the commissioner will require the permittee to construct and operate the tank system in the manner that was demonstrated to meet the requirements for the petition.

C.

The following procedures must be followed for submittal of a petition for alternate design or operating practices for secondary containment of interim status tank facilities and generator's tanks.

(1)

The owner or operator must notify the commissioner in writing that a demonstration will be conducted and submitted to obtain approval to use alternate design or operating practices. For existing tank systems this notification must be submitted 24 months before the date that secondary containment must be provided in accordance with part 7045.0628, subpart 4, item A. For new tank systems this notification must be submitted 30 days before entering into a contract for installation of the tank system.

(2)

As part of the notification, the owner or operator must also submit a description of the steps necessary to conduct the demonstration and a timetable for completing each of the steps. This description must be submitted to the commissioner and must address each of the factors listed in item A.

(3)

The demonstration for a petition must be completed and submitted to the commissioner within 180 days after notifying the commissioner of the intent to conduct the demonstration.

(4)

The commissioner will notify the public, through a newspaper notice, of the availability of the demonstration for a petition. The notice shall be placed in a daily or weekly major local newspaper of general circulation and shall provide at least 30 days from the date of the notice for the public to review and comment on the demonstration. Public comments shall be made in accordance with the procedures and requirements in part 7001.0110. If public comments request that a contested case hearing be held, the commissioner shall review the requests using the standards in part 7001.0120 or 7001.0130, whichever applies. If a public information meeting or contested case hearing is held, the commissioner shall give notice of the hearing or meeting in accordance with the requirements of part 7001.0120 or 7001.0130, whichever applies, except that the commissioner shall give notice at least 30 days before the date of the hearing or meeting. In addition, notice of the hearing or meeting may be given at the same time as the notice of availability of the demonstration for a petition.

(5)

When the commissioner approves or disapproves a petition request, the owner or operator will be notified in writing of the petition decision. The commissioner will also notify each person who submitted written comments or requested notice of the petition decision.

D.

Upon approval of a petition for alternate design or operating practices, as provided in item A, the owner or operator of a tank system must comply with the following requirements in the event of a release of hazardous waste from the primary tank system that has not migrated beyond the zone of engineering control. The owner or operator must:

(1)

comply with the requirements of part 7045.0528, subpart 8, except for item D; or for interim status facilities and generator's tanks, the requirements of part 7045.0628, subpart 8, except for item D;

(2)

decontaminate or remove contaminated soil to the extent necessary to enable the tank system for which the variance was granted to resume operation with the capability for the detection of releases at least equivalent to the capability it had before the release, and prevent the migration of hazardous waste or hazardous constituents to ground water or surface water; and

(3)

if contaminated soil cannot be removed or decontaminated in accordance with subitem (2), comply with the requirement of part 7045.0528, subpart 9, item B; or for interim status facilities or generator's tanks, the requirement of part 7045.0628, subpart 9, item B.

E.

Upon approval of a petition for alternate design or operating practices under item A, the owner or operator of a tank system must comply with the following requirements in the event of a release of hazardous waste from the primary tank system that has migrated beyond the zone of engineering control. The owner or operator must:

(1)

Comply with the requirements of part 7045.0528, subpart 8, items A to D; or for interim status facilities or generator's tanks, the requirements of part 7045.0628, subpart 8, items A to D.

(2)

Prevent the migration of hazardous waste or hazardous constituents to ground water or surface water, if possible, and decontaminate or remove contaminated soil. If contaminated soil cannot be decontaminated or removed or if ground water has been contaminated, the owner or operator must comply with the requirements of subpart 9, item B; or for interim status facilities or generator's tanks, the requirements of part 7045.0628, subpart 9, item B.

(3)

If repairing, replacing, or reinstalling the tank system, provide secondary containment in accordance with part 7045.0528, subpart 4; or for interim status facilities or generator's tanks, part 7045.0628, subpart 4, reapply for a variance from secondary containment and meet the requirements for new tank systems in part 7045.0528, subpart 3, if the tank system is replaced. The owner or operator must comply with these requirements even if contaminated soil can be decontaminated or removed and ground water or surface water has not been contaminated.

Subp. 7.

Petition for demonstration of no substantial hazard from tank systems.

A person may submit a petition to the agency for an exemption from the secondary containment requirements of parts 7045.0528, subpart 4, and 7045.0628, subpart 4. The agency's decision shall be based on a demonstration that, in the event of a release that migrates to ground water or surface water, no substantial present or potential hazard will be posed to human health or the environment. No petition may be granted under this subpart for new underground tank systems.

A.

In order to determine no substantial present or potential hazard, the agency shall consider the following factors.

(1)

The potential adverse effects on ground water, surface water, and land quality, taking into account:

(a)

the physical and chemical characteristics of the waste in the tank system, including its potential for migration;

(b)

the hydrogeologic characteristics of the facility and surrounding land;

(c)

the potential for health risks caused by human exposure to waste constituents;

(d)

the potential for damage to wildlife, crops, vegetation, and physical structures caused by exposure to waste constituents; and

(e)

the persistence and permanence of the potential adverse effects.

(2)

The potential adverse effects of a release on ground water quality, taking into account:

(a)

the quantity and quality of ground water and the direction of ground water flow;

(b)

the proximity and withdrawal rates of ground water users;

(c)

the current and future uses of ground water in the area; and

(d)

the existing quality of ground water, including other sources of contamination and their cumulative impact on ground water quality.

(3)

The potential adverse effects of a release on surface water quality, taking into account:

(a)

the quantity and quality of ground water and the direction of ground water flow;

(b)

the patterns of rainfall in the region;

(c)

the proximity of the tank system to surface waters;

(d)

the current and future uses of surface waters in the area and any water quality standards established for these surface waters;

(e)

the existing quality of surface water, including other sources of contamination; and

(f)

the cumulative impact on surface water quality.

(4)

The potential adverse effects of a release on the land surrounding the tank system, taking into account:

(a)

the patterns of rainfall in the region; and

(b)

the current and future uses of the surrounding land.

B.

The following procedures must be followed for the submittal of a petition for an exemption from secondary containment for permitted facilities.

(1)

The agency must be notified in writing by the owner or operator that he or she intends to conduct and submit a demonstration to be exempted from secondary containment requirements. For existing tank systems, this notification must be submitted at least 24 months before the date secondary containment must be provided in accordance with part 7045.0528, subpart 4, item A. For new aboveground, onground, or inground tank systems, this notification must be submitted at least 30 days before entering into a contract for installation.

(2)

As part of the notification, the owner or operator must also submit to the agency a description of the steps necessary to conduct the demonstration and a timetable for completing each of the steps. The demonstration must address each of the factors listed in item A.

(3)

The demonstration for a petition must be completed within 180 days after notifying the agency of the intent to conduct the demonstration.

(4)

If a petition is granted under this subpart, the agency will require the permittee to construct and operate the tank system in the manner that was demonstrated to meet the requirements for the petition.

C.

The following procedures must be followed for submittal of a petition for an exemption from secondary containment for interim status or generator's tanks.

(1)

The owner or operator must notify the agency in writing that a demonstration will be conducted and submitted to obtain approval to use alternate design or operating practices. For existing tank systems, this notification must be submitted 24 months before the date that secondary containment must be provided in accordance with part 7045.0628, subpart 4, item A. For new aboveground, onground, or inground tank systems, this notification must be submitted 30 days before entering into a contract for installation of the tank system.

(2)

As part of the notification, the owner or operator must also submit a description of the steps necessary to conduct the demonstration and a timetable for completing each of the steps. This description must be submitted to the agency and must address each of the factors listed in item A.

(3)

The demonstration for a petition must be completed and submitted to the agency within 180 days after notifying the agency of the intent to conduct the demonstration.

(4)

The agency will notify the public, through a newspaper notice, of the availability of the demonstration for a petition. The notice shall be placed in a daily or weekly major local newspaper of general circulation and shall provide at least 30 days from the date of the notice for the public to review and comment on the demonstration. Public comments shall be made in accordance with the procedures and requirements in part 7001.0110. If public comments request that a contested case hearing be held, the agency shall review the requests using the standards in part 7001.0120 or 7001.0130, whichever applies. If a public information meeting or contested case hearing is held, the agency shall give notice of the hearing or meeting in accordance with the requirements of part 7001.0120 or 7001.0130, whichever applies, except that the agency shall give notice at least 30 days before the date of the hearing or meeting. In addition, notice of the hearing or meeting may be given at the same time as the notice of availability of the demonstration for a petition.

(5)

When the agency approves or disapproves the petition request within 90 days, the owner or operator will be notified in writing of the petition decision. The agency will also notify each person who submitted written comments or requested notice of the petition decision.

Subp. 8.

[Repealed, 33 SR 2042]

Subp. 9.

Petitions to allow land disposal of a prohibited waste.

A person seeking an exemption from a prohibition for the disposal of a restricted hazardous waste in a particular unit or units must submit a petition to the agency and to the EPA demonstrating, to a reasonable degree of certainty, that there will be no migration of hazardous constituents from the disposal unit or injection zone for as long as the wastes remain hazardous. The demonstration to the EPA must include the provisions in Code of Federal Regulations, title 40, section 268.6. The demonstration to the agency must include an identification of the specific waste and the specific unit for which the demonstration will be made, a waste analysis to describe fully the chemical and physical characteristics of the subject waste, and a comprehensive characterization of the disposal unit site including an analysis of background air, soil, and water quality. The demonstration must also include a monitoring plan that detects migration at the earliest practicable time, and sufficient information to assure the commissioner that the owner or operator of a land disposal unit receiving restricted wastes will comply with other applicable federal, state, and local laws. The person seeking the exemption must also comply with items A to L.

A.

The demonstration must meet the following criteria:

(1)

all waste and environmental sampling, test, and analysis data must be accurate and reproducible to the extent that state-of-the-art techniques allow;

(2)

all sampling, testing, and estimation techniques for chemical and physical properties of the waste and all environmental parameters must have been approved by the agency;

(3)

simulation models must be calibrated for the specific waste and site conditions, and verified for accuracy by comparison with actual measurements;

(4)

a quality assurance and quality control plan that addresses all aspects of the demonstration must be approved by the agency; and

(5)

an analysis must be performed to identify and quantify any aspects of the demonstration that contribute significantly to uncertainty. This analysis must include an evaluation of the consequences of predictable future events, including but not limited to earthquakes, floods, severe storm events, droughts, or other natural phenomena.

B.

Each petition referred to in this subpart must include information described in subitems (1) to (5):

(1)

A monitoring plan that describes the monitoring program installed at and around the unit to verify continued compliance with the conditions of the variance. This monitoring plan must provide information on the monitoring of the unit and the environment around the unit. The following specific information must be included in the plan:

(a)

the media monitored in the cases where monitoring of the environment around the unit is required;

(b)

the type of monitoring conducted at the unit, in the cases where monitoring of the unit is required;

(c)

the location of the monitoring stations;

(d)

the frequency of monitoring at each station;

(e)

the specific hazardous constituents to be monitored;

(f)

the implementation schedule for the monitoring program;

(g)

the equipment used at the monitoring stations;

(h)

the sampling and analytical techniques employed; and

(i)

the data recording and reporting procedures.

(2)

Where applicable, the monitoring program must be in place for a period of time specified by the commissioner, as part of the commissioner's approval of the petition, before receipt of prohibited waste at the unit.

(3)

The monitoring data collected according to the monitoring plan must be sent to the commissioner according to a format and schedule specified and approved in the monitoring plan.

(4)

A copy of the monitoring data collected under the monitoring plan must be kept on-site at the facility in the operating record.

(5)

The monitoring program in subitem (1) must meet the following criteria:

(a)

all sampling, testing, and analytical data must be approved by the commissioner and must provide data that is accurate and reproducible;

(b)

all estimation and monitoring techniques must be approved by the commissioner; and

(c)

a quality assurance and quality control plan addressing all aspects of the monitoring program must be provided to and approved by the commissioner.

C.

After a petition has been approved, the owner or operator must report any changes in conditions at the unit and the environment around the unit that significantly depart from the conditions described in the variance and affect the potential for migration of hazardous constituents from the units as follows:

(1)

If the owner or operator plans to make changes to the unit design, construction, or operation, the change must be proposed, in writing, and the owner or operator must submit a demonstration to the commissioner at least 30 days before making the change. The commissioner shall determine whether the proposed change invalidates the terms of the petition and will determine the appropriate response. Any change must be approved by the commissioner before being made.

(2)

If the owner or operator discovers that a condition at the site which was modeled or predicted in the petition does not occur as predicted, this change must be reported, in writing, to the commissioner within ten days of discovering the change. The commissioner shall determine whether the reported change from the terms of the petition requires further action, which may include termination of waste acceptance and revocation of the petition, petition modifications, or other responses.

D.

If the owner or operator determines that there is migration of hazardous constituents from the unit, the owner or operator must immediately suspend receipt of prohibited waste at the unit and notify the commissioner in writing within ten days of the determination that a release has occurred. Within 60 days of receiving the notification, the commissioner shall determine whether the owner or operator can continue to receive prohibited waste in the unit and whether the variance is to be revoked. The commissioner shall also determine whether further examination of any migration is warranted under applicable provisions of parts 7045.0450 to 7045.0649.

E.

Each petition must include the following statement signed by the petitioner or an authorized representative:

"I certify under penalty of law that I have personally examined and am familiar with the information submitted in this petition and all attached documents, and that, based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the submitted information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment."

F.

After receiving a petition, the commissioner may request additional information that reasonably may be required to evaluate the demonstration.

G.

If approved, the petition will apply to land disposal of the specific restricted waste at the individual disposal unit described in the demonstration and will not apply to any other restricted waste at that disposal unit, or to that specific restricted waste at any other disposal unit.

H.

The commissioner will give public notice in the State Register of the intent to approve or deny a petition and provide an opportunity for public comment. The final decision on a petition will be published in the State Register.

I.

The term of a petition granted under this part must be no longer than the term of the RCRA permit if the disposal unit is operating under an RCRA permit, or up to a maximum of five years from the date of approval provided under item G if the unit is operating under interim status. In either case, the term of the granted petition expires upon the termination or denial of an RCRA permit, or upon the termination of interim status or when the volume limit of waste to be land disposed during the term of petition is reached.

J.

Before the agency's decision, the applicant must comply with all restrictions on land disposal under part 7045.1390 when the effective date for the waste has been reached.

K.

The petition granted by the agency does not relieve the petitioner of responsibility for the management of hazardous waste under chapters 7001 and 7045.

L.

Liquid hazardous wastes containing polychlorinated biphenyls at concentrations greater than or equal to 500 ppm are not eligible for an exemption under this subpart.

Subp. 10.

[Repealed, 33 SR 2042]

Subp. 11.

Petition for additional treatability study quantities.

The commissioner may grant requests for quantity limits in excess of those specified in part 7045.0121, subpart 2, item A, for up to an additional 500 kilograms of nonacute hazardous waste, one kilogram of acute hazardous waste, and 250 kilograms of soils, water, or debris contaminated with acute hazardous waste, to conduct further treatability study evaluation. Item A of this subpart prescribes the conditions which the petitioner must meet in order for the commissioner to grant a petition to increase the quantity limits for waste, destined for use in treatability studies, to a maximum of the limits described in this subpart. Item B of this subpart prescribes what the petition must contain.

A.

Conditions for granting a petition to increase quantity limits of waste for use in a treatability study are:

(1)

there has been an equipment or mechanical failure during the conduct of a treatability study;

(2)

there is a need to verify the results of a previously conducted treatability study;

(3)

there is a need to study and analyze alternative techniques within a previously evaluated treatment process; or

(4)

there is a need to do further evaluation of an ongoing treatability study to determine final specifications for treatment.

B.

The generator or sample collector must apply to the commissioner and provide in writing the following information:

(1)

the reason why the generator or sample collector requires additional quantity of sample for the treatability study evaluation and the additional quantity needed;

(2)

documentation accounting for all samples of hazardous waste from the waste stream that have been sent for or undergone treatability studies including the date each previous sample from the waste stream was shipped, the quantity of each previous shipment, the laboratory or testing facility to which it was shipped, what treatability study processes were conducted on each sample shipped, and the available results of each treatability study;

(3)

a description of the technical modifications or change in specifications that will be evaluated and the expected results;

(4)

if a further study is required due to equipment or mechanical failure, the applicant shall include information regarding the reason for the failure or breakdown and include what procedures or equipment improvements have been made to protect against further breakdowns; and

(5)

any additional information requested by the commissioner which may reasonably be required to evaluate the petition.

C.

Upon receiving approval of the petition, the generator must manage the additional samples as specified in part 7045.0121.

Subp. 12.

Petition for alternate design or operating practices.

An owner or operator may submit a petition to the commissioner for approval to use alternate design or operating practices in lieu of the requirements of parts 7045.0532, 7045.0534, 7045.0538, 7045.0630, 7045.0632, and 7045.0638. The commissioner's decision shall be based on a demonstration by the petitioner that the alternate design or operating practices, together with location characteristics, will prevent the migration of any hazardous wastes or hazardous constituents into surface and ground water as effectively as the requirements of parts 7045.0532, 7045.0534, 7045.0538, 7045.0630, 7045.0632, and 7045.0638.

Statutory Authority:

MS s 14.07; 116.07; 116.37

History:

9 SR 115; 10 SR 1688; 11 SR 1832; 11 SR 1950; L 1987 c 186 s 15; 13 SR 259; 13 SR 1238; 14 SR 2248; 15 SR 1877; 16 SR 2102; 16 SR 2239; 17 SR 1279; 18 SR 1565; 20 SR 715; 22 SR 5; 29 SR 947; 33 SR 2042

Published Electronically:

October 10, 2013

7045.0080 DATA AVAILABILITY.

Subpart 1.

Applicability.

The following apply to requests to the Minnesota Pollution Control Agency for information relating to facilities and sites for treatment, storage, and disposal of hazardous waste.

Subp. 2.

Response to requests.

Except as provided in subpart 3, the commissioner shall issue a written response to a requester of information within ten working days of receiving the request for information. The written response shall state what information will and will not be provided and shall state the reason for denying any portion of the request.

Subp. 3.

Extensions.

The following provisions apply to extensions of time to respond to requests for information:

A.

If the request for information does not reasonably identify the information sought, the commissioner shall so notify the requester. There shall be excluded from the ten day response period established under subpart 2, or any extension to that response period provided under item B, any time that elapses between the date that a requester is notified by the commissioner that the request does not reasonably identify the records sought, and the date that the requester furnishes a reasonable identification.

B.

In circumstances in which an extension is necessary due to one or more of the following reasons, the ten day response period established in subpart 2 shall be extended by the commissioner for a period of days commensurate with the additional response time required, not to exceed ten additional working days:

(1)

there is a need to search for and collect the requested records from field regional offices or other establishments that are separate from the agency's central office;

(2)

there is a need to search for, collect, and appropriately examine a voluminous amount of separate and distinct records which are demanded in a single request; or

(3)

there is a need for consultation with another agency having a substantial interest in the determination of the request.

The commissioner must notify the requester within the initial ten day period that the ten day extension is required and must state the reasons for the extension and the date by which the agency expects to be able to issue its response to the request for information.

Subp. 4.

Failure to act.

If the commissioner fails to issue a response within the response time provided in subpart 2, or an extension provided under subpart 3, a requester may commence an action under Minnesota Statutes, section 13.08 to obtain the requested information.

Statutory Authority:

MS s 116.07

History:

11 SR 1832; L 1987 c 186 s 15

Published Electronically:

October 10, 2013

7045.0090 ADOPTION AND INCORPORATION BY REFERENCE.

Subpart 1.

Applicability.

Except as specified in subparts 2 and 3, the terms and standards identified in subparts 1a to 1h apply whenever federal regulations are incorporated by reference in this chapter whether or not this part is specifically referenced. Terms used in incorporated Code of Federal Regulations, title 40, and defined in part 7045.0020 or in Minnesota Statutes have the meaning given in part 7045.0020 or in Minnesota Statutes.

Subp. 1a.

Specific terms.

The following terms and phrases have the meaning given.

A.

"EPA" and "agency" mean the Pollution Control Agency.

B.

"Regional administrator," "administrator," and "director" mean the commissioner of the Pollution Control Agency.

C.

"State," "authorized state," "approved state," or "approved program" means Minnesota.

D.

"Generator," "hazardous waste," and "waste" have the meanings given in part 7045.0020.

Subp. 1b.

Hazardous waste management system general standards; Code of Federal Regulations, title 40, part 260.

References to the petition processes established in Code of Federal Regulations, title 40, part 260, subpart C, or Code of Federal Regulations, title 40, sections 260.20 to 260.41, mean the petition processes established in part 7045.0075.

Subp. 1c.

Identification and listing standards; Code of Federal Regulations, title 40, part 261.

A.

References to any section in Code of Federal Regulations, title 40, part 261, subparts A to C, or to Code of Federal Regulations, title 40, sections 261.1 to 261.24, mean parts 7045.0102 to 7045.0131 or part 7045.0214, subpart 3.

B.

References to Code of Federal Regulations, title 40, section 261.4, mean the exclusions listed in part 7045.0120.

C.

References to Code of Federal Regulations, title 40, section 261.6, mean the use, reuse, recycling, and reclamation requirements of part 7045.0125.

D.

References to any section in Code of Federal Regulations, title 40, part 261, subpart D, or to Code of Federal Regulations, title 40, sections 261.30 to 261.38, mean parts 7045.0135 to 7045.0145.

Subp. 1d.

Standards applicable to generators of hazardous waste, Code of Federal Regulations, title 40, part 262.

References to Code of Federal Regulations, title 40, part 262, or to any section in Code of Federal Regulations, title 40, sections 262.10 to 262.70, mean parts 7045.0205 to 7045.0325.

Subp. 1e.

Standards applicable to transporters of hazardous waste, Code of Federal Regulations, title 40, part 263.

References to any section in Code of Federal Regulations, title 40, sections 263.10 to 263.31, mean parts 7045.0351 to 7045.0397.

Subp. 1f.

Permitted and interim status standards for owners and operators of hazardous waste treatment, storage, and disposal facilities; Code of Federal Regulations, title 40, parts 264 and 265.

A.

References to Code of Federal Regulations, title 40, part 264, subpart F, Code of Federal Regulations, title 40, sections 264.90 to 264.101, Code of Federal Regulations, title 40, part 265, subpart F, or Code of Federal Regulations, title 40, sections 265.90 to 265.94, mean the requirements of parts 7045.0484, 7045.0485, 7045.0590, and 7045.0592 relating to groundwater protection, monitoring, and corrective action for releases.

B.

References to Code of Federal Regulations, title 40, part 264, subpart H, Code of Federal Regulations, title 40, sections 264.140 to 264.151, Code of Federal Regulations, title 40, part 265, subpart H, or Code of Federal Regulations, title 40, sections 265.140 to 265.150, mean the financial assurance requirements of parts 7045.0498 to 7045.0524 and 7045.0608 to 7045.0624.

C.

References to Code of Federal Regulations, title 40, part 264, subpart O, Code of Federal Regulations, title 40, sections 264.340 to 264.351, Code of Federal Regulations, title 40, part 265, subpart O, or Code of Federal Regulations, title 40, sections 265.340 to 265.352, mean the thermal treatment standards of parts 7045.0542 and 7045.0640.

D.

References to Code of Federal Regulations, title 40, part 264, subpart N, Code of Federal Regulations, title 40, sections 264.300 to 264.317, Code of Federal Regulations, title 40, part 265, subpart N, or Code of Federal Regulations, title 40, sections 265.300 to 265.316, mean the landfill standards of parts 7045.0538 and 7045.0638.

Subp. 1g.

Permit requirements; Code of Federal Regulations, title 40, part 270.

References to Code of Federal Regulations, title 40, part 270, subparts A to H, Code of Federal Regulations, title 40, sections 270.1 to 270.230, or any other reference to a hazardous waste facility permit mean the hazardous waste facility permit requirements in parts 7001.0500 to 7001.0730.

Subp. 1h.

Other standards.

A.

References to Code of Federal Regulations, title 40, part 273, mean part 7045.1400 (universal waste).

B.

References to Code of Federal Regulations, title 40, part 279, mean parts 7045.0692 to 7045.0990 (used oil).

C.

References to underground injection of waste in any Code of Federal Regulations incorporated in this chapter are subject to Minnesota Statutes and rules prohibiting the discharge of waste or pollutants to the saturated or unsaturated zones.

D.

References to Code of Federal Regulations, title 40, part 266, subpart C, mean part 7045.0665 (uses constituting disposal).

E.

References to Code of Federal Regulations, title 40, part 266, subpart F, mean part 7045.0675 (precious metal recovery).

F.

References to Code of Federal Regulations, title 40, part 266, subpart G, mean part 7045.0685 (spent lead-acid batteries being reclaimed).

Subp. 2.

Exceptions to general terms.

In the following cases, the terms identified in subpart 1a do not apply and the terms continue to have the meaning in accordance with applicable EPA regulations.

A.

"EPA identification numbers," "EPA hazardous waste numbers," "EPA test methods," "EPA publications," "EPA form(s)," "EPA guidance," or "EPA acknowledgment of consent."

B.

"EPA," "administrator," or a synonymous term in any section of EPA regulations for which the Resource Conservation and Recovery Act, as amended, does not allow the EPA to delegate its authority to the states.

Subp. 3.

Exceptions to adoption of standards; Code of Federal Regulations, title 40.

In the following cases, the standards identified in subparts 1b to 1e do not apply and the standards continue to have the meaning in accordance with applicable EPA regulations.

A.

Code of Federal Regulations, title 40, part 262, subparts E and H, regarding exports and transfrontier shipments of hazardous waste;

B.

Code of Federal Regulations, title 40, sections 268.5, 268.6, 268.42(b), and 268.44, regarding land disposal restrictions;

C.

Code of Federal Regulations, title 40, section 279.82(b) regarding state petitions to allow use of used oil as a dust suppressant; and

D.

Code of Federal Regulations, title 40, Appendix to part 262, regarding the hazardous waste manifest.

Subp. 4.

Applicable law.

When federal regulations incorporated into this chapter cite additional federal regulations and when this chapter does not address whether the cited federal regulations or corresponding state rules apply, state rules shall apply.

Statutory Authority:

MS s 116.07

History:

29 SR 947; 31 SR 1277; 33 SR 2042

Published Electronically:

October 10, 2013

7045.0100

[Repealed, 14 SR 1718]

Published Electronically:

October 10, 2013

IDENTIFICATION AND LISTING OF HAZARDOUS WASTE

7045.0102 MIXTURES OF WASTES.

Subpart 1.

Scope.

Except as provided in part 7045.0665, subpart 1, mixtures of wastes are identified in subpart 2.

Subp. 2.

Mixtures of hazardous and nonhazardous wastes.

The mixing of a hazardous waste with a nonhazardous waste as described in this subpart constitutes treatment. Generators who mix hazardous and nonhazardous wastes on site must meet the requirements of part 7045.0211 for generators with on-site facilities. Mixtures excluded under part 7045.0075, subpart 2, are excluded from regulation. Wastes excluded under this subpart are subject to part 7045.1390, even if they no longer exhibit a characteristic at the point of land disposal.

A.

A mixture is a hazardous waste if it contains a waste that is hazardous solely because it exhibits any of the characteristics of ignitability, corrosivity, oxidativity, or reactivity identified in part 7045.0131, or contains a hazardous waste listed in part 7045.0135 solely because of ignitability, corrosivity, or reactivity, and the resulting mixture exhibits any characteristic of a hazardous waste identified in part 7045.0131.

B.

Except as provided in item D or E, a mixture is a hazardous waste if it contains a waste listed for toxicity in part 7045.0135.

C.

Except as provided in item D, a mixture is a hazardous waste if it contains a waste that exhibits the characteristic of toxicity or lethality identified in part 7045.0131.

D.

A mixture is a hazardous waste if it is a sewered mixture of nonhazardous waste and any waste which is hazardous because it exhibits the characteristics of toxicity or lethality as defined in part 7045.0131 unless:

(1)

prior to entering the sewer the resulting mixture no longer exhibits the characteristic of toxicity or lethality; and

(2)

the sewering of the mixture has been approved by the agency pursuant to parts 7045.0221 to 7045.0255.

This provision does not apply to those mixtures defined as nonhazardous under item E.

E.

Except as otherwise provided in item A, B, or D, the following sewered mixtures are not hazardous wastes if the generator can demonstrate that the mixture consists of wastewater, the discharge of which is subject to regulation under either section 307(b) or 402 of the Clean Water Act, including wastewater at facilities which have eliminated the discharge of wastewater; and

(1)

one or more of the following spent solvents listed in part 7045.0135, subpart 1a, item B: carbon tetrachloride, tetrachloroethylene, trichloroethylene; provided that the solvents are discharged into the wastewater stream as a result of normal manufacturing operations and provided further that the maximum total weekly usage of these solvents, other than the amounts that can be demonstrated not to be discharged to wastewater, divided by the average weekly flow of wastewater into the headworks of the facility's wastewater treatment or pretreatment system does not exceed one part per million;

(2)

one or more of the following spent solvents listed in part 7045.0135, subpart 1a, item B: methylene chloride, 1,1,1-trichloroethane, chlorobenzene, o-dichlorobenzene, cresols, cresylic acid, nitrobenzene, toluene, methyl ethyl ketone, carbon disulfide, isobutanol, pyridine, spent chlorofluorocarbon solvents; provided that the solvents are discharged into the wastewater stream as a result of normal manufacturing operations and provided further that the maximum total weekly usage of these solvents, other than the amounts that can be demonstrated not to be discharged to wastewater, divided by the average weekly flow of wastewater into the headworks of the facility's wastewater treatment or pretreatment system does not exceed 25 parts per million;

(3)

heat exchanger bundle cleaning sludge from the petroleum refining industry, EPA Hazardous Waste No. K050 as listed in part 7045.0135, subpart 1a, item C;

(4)

a discarded commercial chemical product, or chemical intermediate listed in part 7045.0135, subpart 1a, item D, arising from de minimis losses of these materials from manufacturing operations in which these materials are used as raw materials or are produced in the manufacturing process. De minimis losses include those from normal material handling operations (such as spills from the unloading or transfer of materials from bins or other containers or leaks from pipes, valves, or other devices used to transfer materials); minor leaks of process equipment, storage tanks or containers; leaks from well-maintained pump packings and seals; sample purgings; relief device discharges; discharges from safety showers and rinsing and cleaning of personal safety equipment; and rinsate from empty containers or from containers that are rendered empty by that rinsing;

(5)

wastewater resulting from laboratory operations containing toxic wastes listed in part 7045.0135, provided that the annualized average flow of laboratory wastewater does not exceed one percent of total wastewater flow into the headworks of the facility's wastewater treatment or pretreatment system, or provided the waste's combined annualized average concentration does not exceed one part per million in the headworks of the facility's wastewater treatment or pretreatment facility. Toxic wastes used in laboratories that are demonstrated not to be discharged to wastewater are not to be included in this calculation;

(6)

one or more of the following wastes listed in part 7045.0135, subpart 1a, item C: wastewaters from the production of carbamates and carbamoyl oximes (EPA Hazardous Waste No. K157), provided that the maximum weekly usage of formaldehyde, methyl chloride, methylene chloride, and triethylamine, including all amounts that can not be demonstrated to be reacted in the process, destroyed through treatment, or is recovered (i.e., what is discharged or volatilized), divided by the average weekly flow of process wastewater prior to any dilutions into the headworks of the facility's wastewater treatment system does not exceed a total of five parts per million by weight; or

(7)

wastewaters derived from the treatment of one or more of the following wastes listed in part 7045.0135, subpart 1a, item C: organic waste, including heavy ends, still bottoms, light ends, spent solvents, filtrates, and decantates, from the production of carbamates and carbamoyl oximes (EPA Hazardous Waste No. K156), provided that the maximum concentration of formaldehyde, methyl chloride, methylene chloride, and triethylamine prior to any dilutions into the headworks of the facility's wastewater treatment system does not exceed a total of five milligrams per liter.

For the purpose of this item, headworks refers to the influent plumbing of a privately owned national pollutant discharge elimination system, state disposal system, or pretreatment facility or to the facility's point of discharge to a municipal collection system when the treatment facility is a publicly owned wastewater treatment facility.

F.

A mixture of used oil and a hazardous waste is a hazardous waste except as provided in part 7045.0800.

G.

Any mixture of a waste from the extraction, beneficiation, and processing of ores and minerals excluded under part 7045.0120, subpart 1, item I, and any other waste exhibiting a characteristic of hazardous waste under part 7045.0131 is a hazardous waste only if:

(1)

it exhibits a characteristic that would not have been exhibited by the excluded waste alone if such mixture had not occurred; or

(2)

it continues to exhibit any of the characteristics exhibited by the nonexcluded wastes prior to mixture.

For the purposes of applying the toxicity characteristic of part 7045.0131, subpart 7, to such mixtures, the mixture is also a hazardous waste if it exceeds the maximum concentration for any contaminant listed in part 7045.0131, subpart 8, that would not have been exceeded by the excluded waste alone if the mixture had not occurred or if it continues to exceed the maximum concentration for any contaminant exceeded by the nonexempt waste prior to mixture.

Subp. 3.

[Repealed, 20 SR 715]

Statutory Authority:

MS s 115.03; 116.07

History:

9 SR 115; 11 SR 1832; 14 SR 1718; 16 SR 197; 16 SR 2102; 18 SR 1565; 20 SR 715; 33 SR 2042

Published Electronically:

October 10, 2013

7045.0110

[Repealed by amendment, 9 SR 115]

Published Electronically:

October 10, 2013

7045.0120 EXEMPTIONS AND SPECIAL REQUIREMENTS.

Subpart 1.

Exempt types of waste.

The following waste may be stored, labeled, transported, treated, processed, and disposed of without complying with the requirements of this chapter:

A.

household waste except as provided for under subpart 2, items A and B;

B.

sewage and any mixture of untreated sanitary sewage and other wastes that is formed by the combination of untreated sanitary sewage and one or more other wastes discharged through a sewage system to a publicly owned treatment works for treatment, except that this exemption does not include any of the individual wastes which form the composite wastewater;

C.

garbage, rubbish, and demolition debris from nonhousehold sources;

D.

mining overburden returned to the mine site;

E.

an air contaminant or emission emitted pursuant to an emission facility operating permit;

F.

fly ash waste, bottom ash waste, slag waste, and flue gas emission control waste generated from the combustion of fuel which is at least 51 percent coal or other fossil fuels and the balance of the fuel does not contain hazardous waste;

G.

wastes discharged pursuant to a national pollutant discharge elimination system permit;

H.

drilling fluids, produced waters, and other wastes associated with the exploration, development, or production of crude oil, natural gas, or geothermal energy;

I.

waste from the extraction, beneficiation, and processing of ores and minerals, including coal, phosphate rock, and overburden from the mining of uranium ore. For purposes of this item, beneficiation of ores and minerals is restricted to the following activities: crushing; grinding; washing; dissolution; crystallization; filtration; sorting; sizing; drying; sintering; pelletizing; briquetting; calcining to remove water or carbon dioxide; roasting, autoclaving, or chlorination in preparation for leaching (except where the roasting, autoclaving, or chlorination/leaching sequence produces a final or intermediate product that does not undergo further beneficiation or processing); gravity concentration; magnetic separation; electrostatic separation; flotation; ion exchange; solvent extraction; electrowinning; precipitation; amalgamation; and heap, dump, vat, tank, and in situ leaching. For the purposes of this item, waste from the processing of ores and minerals includes only the following wastes as generated:

(1)

slag from primary copper processing;

(2)

slag from primary lead processing;

(3)

red and brown muds from bauxite refining;

(4)

phosphogypsum from phosphoric acid production;

(5)

slag from elemental phosphorus production;

(6)

gasifier ash from coal gasification;

(7)

process wastewater from coal gasification;

(8)

calcium sulfate wastewater treatment plant sludge from primary copper processing;

(9)

slag tailings from primary copper processing;

(10)

fluorogypsum from hydrofluoric acid production;

(11)

process wastewater from hydrofluoric acid production;

(12)

air pollution control dust or sludge from iron blast furnaces;

(13)

iron blast furnace slag;

(14)

treated residue from the roasting/leaching of chrome ore;

(15)

process wastewater from primary magnesium processing by the anhydrous process;

(16)

process wastewater from phosphoric acid production;

(17)

basic oxygen furnace and open hearth furnace air pollution control dust or sludge from carbon steel production;

(18)

basic oxygen furnace and open hearth furnace slag from carbon steel production;

(19)

chloride process waste solids from titanium tetrachloride production; and

(20)

slag from primary zinc processing.

A residue derived from coprocessing mineral processing secondary materials with normal beneficiation raw materials or with normal mineral processing raw materials remains excluded under this subpart if the owner or operator processes at least 50 percent by weight normal beneficiation raw materials or normal mineral processing raw materials and legitimately reclaims the secondary mineral processing materials;

J.

waste resulting from spills or emergency response actions if the exemption is determined by the commissioner to be necessary to expedite the proper management of the waste and to prevent, abate, or control pollution as an immediate response to an emergency provided the waste, if hazardous, is ultimately managed as a hazardous waste;

K.

a waste which contains chromium and which is not hazardous because of another component or because of a hazardous characteristic if it is shown by a generator that:

(1)

the chromium in the waste is exclusively or nearly exclusively trivalent chromium;

(2)

the waste is generated from an industrial process which used trivalent chromium exclusively or nearly exclusively and the process does not generate hexavalent chromium; and

(3)

the waste is typically and frequently managed in nonoxidizing environments;

L.

a hazardous waste which is generated in a product or raw material storage tank, a product or raw material transport vehicle or vessel, a product or raw material pipeline, or in a manufacturing process unit or an associated nonwaste-treatment-manufacturing unit until it exits the unit in which it was generated, unless the unit is a surface impoundment, or unless the hazardous waste remains in the unit more than 90 days after the unit ceases to be operated for manufacturing or for storage or transportation of product or raw materials;

M.

a sample of waste, water, soil, or air, which is collected for the sole purpose of testing to determine its characteristics or composition when:

(1)

the sample is being transported to a laboratory for the purpose of testing; or

(2)

the sample is being transported back to the sample collector after testing; or

(3)

the sample is being stored by the sample collector before transport to a laboratory for testing; or

(4)

the sample is being stored in a laboratory before testing; or

(5)

the sample is being stored in a laboratory after testing but before it is returned to the sample collector; or

(6)

the sample is being stored temporarily in the laboratory after testing for a specific purpose such as the conclusion of a court case or other ongoing enforcement action where further testing of the sample may be necessary.

In all cases a sample collector who ships samples to a laboratory and a laboratory that returns samples to a sample collector must comply with United States Department of Transportation, United States Postal Service, or any other applicable shipping requirements. If the sample collector or laboratory determines that the United States Department of Transportation, United States Postal Service, or other shipping requirements do not apply to the shipment of the sample, then the collector or laboratory must assure that the following information accompanies the sample: the sample collector's name, mailing address, and telephone number; the laboratory's name, mailing address, and telephone number; the quantity of the sample; the date of the shipment; and a description of the sample. The sample must be packaged so that it does not leak, spill, or vaporize from its packaging. This exemption does not apply if the laboratory determines that the waste is hazardous but the laboratory is no longer meeting any of the conditions specified in subitems (1) to (6);

N.

pulping liquors (for example, black liquor) that are reclaimed in a pulping liquor recovery furnace and then reused in the pulping process, unless they are accumulated speculatively as defined in part 7045.0020, subpart 84a;

O.

spent sulfuric acid used to produce virgin sulfuric acid, unless it is accumulated speculatively as defined in part 7045.0020, subpart 84a;

P.

secondary materials that are reclaimed and returned to the original process or processes in which they were generated where they are reused in the production process provided that:

(1)

only tank storage is involved and the entire process, through completion of reclamation, is closed by being entirely connected with pipes or other comparable enclosed means of conveyance;

(2)

reclamation does not involve controlled flame combustion such as occurs in boilers, industrial furnaces, or incinerators;

(3)

the secondary materials are never accumulated in such tanks for over 12 months without being reclaimed; and

(4)

the reclaimed material is not used to produce a fuel, or used to produce products that are used in a manner constituting disposal;

Q.

petroleum-contaminated media and debris that fail the test for the toxicity characteristic in part 7045.0131, subpart 7 (hazardous waste codes D018 to D043 only), and are subject to corrective action regulations under Code of Federal Regulations, title 40, part 280, as amended;

R.

pesticides as provided in part 7045.0213, subpart 2;

S.

samples of hazardous waste being collected or shipped for the purpose of conducting treatability studies as provided in part 7045.0121;

T.

spent wood preserving solutions that have been reclaimed and reused for their original intended purpose, and wastewaters from the wood preserving process that have been reclaimed and are reused to treat wood if, prior to reuse, the wood preserving wastewaters and spent wood preserving solutions described in this item meet all of the following conditions:

(1)

the wood preserving wastewaters and spent wood preserving solutions are reused on site at waterborne plants in the production process for their original intended purpose;

(2)

prior to reuse, the wood preserving wastewaters and spent wood preserving solutions are managed to prevent release to land resources or waters of the state;

(3)

any unit used to manage wood preserving wastewaters or spent wood preserving solutions prior to reuse can be visually or otherwise determined to prevent such releases;

(4)

any drip pad used to manage the wood preserving wastewaters or spent wood preserving solutions prior to reuse complies with the standards governing drip pads in part 7045.0644; and

(5)

prior to operating pursuant to this exclusion, the plant owner or operator submits to the commissioner a onetime notification stating that the plant intends to claim the exclusion, giving the date on which the plant intends to begin operating under the exclusion, and containing the following language: "I have read the applicable regulation establishing an exclusion for wood preserving wastewaters and spent wood preserving solutions and understand it requires me to comply at all times with the conditions set out in the regulation." The plant must maintain a copy of that document in its on-site records until closure of the facility. The exclusion applies only so long as the plant meets all of the conditions. If the plant goes out of compliance with any condition, the plant owner or operator may apply to the commissioner for reinstatement. Reinstatement is conditioned on the commissioner finding that the plant has returned to compliance with all conditions and that violations are not likely to recur;

U.

used chlorofluorocarbon refrigerants from totally enclosed heat transfer equipment, including mobile air conditioning systems, mobile refrigeration, and commercial and industrial air conditioning and refrigeration systems that use chlorofluorocarbons as the heat transfer fluid in a refrigeration cycle, provided the refrigerant is reclaimed for further use;

V.

used oil rerefining distillation bottoms that are used as feedstock to manufacture asphalt products;

W.

sorbents, soil, and debris contaminated with petroleum fuel from spills and emergencies that are contained and reported in accordance with Minnesota Statutes, section 115.061, except for used oil spills and emergencies; or

X.

spent materials, other than hazardous wastes listed in part 7045.0135, generated within the primary mineral processing industry from which minerals, acids, cyanide, water, or other values are recovered by mineral processing or by beneficiation, provided that:

(1)

the spent material is legitimately recycled to recover minerals, acids, cyanide, water, or other values;

(2)

the spent material is not accumulated speculatively;

(3)

except as provided in subitem (4), the spent material is stored in tanks, containers, or buildings meeting the following minimum integrity standards: a building must be an engineered structure with a floor, walls, and a roof, all of which are made of nonearthen materials providing structural support (except smelter buildings may have partially earthen floors provided the spent material is stored on the nonearthen portion), and have a roof suitable for diverting rainwater away from the foundation; a tank must be freestanding, not be a surface impoundment, and be manufactured of a material suitable for containment of its contents; a container must be freestanding and be manufactured of a material suitable for containment of its contents. If tanks or containers contain any particulate that may be subject to wind dispersal, the owner or operator must operate these units in a manner that controls fugitive dust. Tanks, containers, and buildings must be designed, constructed, and operated to prevent releases to the environment of these materials;

(4)

the commissioner may make a site-specific determination, upon application by the owner or operator and after public review and comment, that only solid mineral processing spent material may be placed on pads rather than in tanks, containers, or buildings. Solid mineral processing spent materials must not contain any free liquid. The commissioner must affirm that pads are designed, constructed, and operated to prevent releases of the spent material into the environment. Pads must provide the same degree of containment afforded by the tanks, containers, and buildings eligible for exclusion in subitem (3):

(a)

the commissioner must also consider if storage on pads poses the potential for releases via groundwater, surface water, and air exposure pathways. Factors to be considered for assessing the groundwater, surface water, and air exposure pathways are the volume and physical and chemical properties of the spent material, including its potential for migration off the pad; the potential for human or environmental exposure to hazardous constituents migrating from the pad via each exposure pathway; and the possibility and extent of harm to human and environmental receptors via each exposure pathway;

(b)

pads must meet the following minimum standards: be designed of nonearthen material that is compatible with the chemical nature of the mineral processing spent material, be capable of withstanding physical stresses associated with placement and removal, have run-on/runoff controls, be operated in a manner that controls fugitive dust, and have integrity assurance through inspections and maintenance programs; and

(c)

before making a determination under this subitem, the commissioner must provide notice and the opportunity for comment to all persons potentially interested in the determination in accordance with part 7001.0100, subpart 5;

(5)

the owner or operator provides a notice to the commissioner, providing the following information: the types of materials to be recycled, the type and location of the storage units and recycling processes, and the annual quantities expected to be placed in land-based units. This notification must be updated when there is a change in the type of materials recycled or the location of the recycling process; and

(6)

for purposes of this item, mineral processing spent materials must be the result of mineral processing and may not include any listed hazardous wastes. Listed hazardous wastes and characteristic hazardous wastes generated by nonmineral processing industries are not eligible for the exemption in this item.

Subp. 2.

Special requirements.

The following waste is exempt from the general requirements of this chapter if managed as specified:

A.

waste collected as a result of a household hazardous waste management program under part 7045.0310;

B.

spent or waste household batteries collected under part 7045.0686;

C.

waste collected as a result of a very small quantity generator hazardous waste collection program under part 7045.0320;

D.

feedstocks and by-products under part 7045.0125, subparts 5 and 6;

E.

comparable fuels or comparable syngas fuels that meet the specifications and other requirements of Code of Federal Regulations, title 40, section 261.38, as amended, which is adopted and incorporated by reference;

F.

universal waste managed under part 7045.1400; and

G.

hazardous waste containing radioactive waste when it meets the eligibility criteria and conditions of Code of Federal Regulations, title 40, part 266, subpart N, Conditional Exemption for Low-Level Mixed Waste Storage, Treatment, Transportation and Disposal, as amended. This exemption also pertains to:

(1)

any mixture of a waste and an eligible radioactive mixed waste; and

(2)

any waste generated from treating, storing, or disposing of an eligible radioactive mixed waste.

Waste exempted under this item must meet the eligibility criteria and specified conditions in Code of Federal Regulations, title 40, sections 266.225 and 266.230 (for storage and treatment), as amended, and 266.310 and 266.315 (for transportation and disposal), as amended. Waste that fails to satisfy these eligibility criteria and conditions is regulated as hazardous waste.

Statutory Authority:

MS s 115.03; 116.07; 116.37

History:

9 SR 115; 10 SR 1688; 11 SR 1832; L 1987 c 186 s 15; 13 SR 259; 14 SR 1718; 14 SR 2248; 15 SR 801; 15 SR 1515; 15 SR 1877; 15 SR 1878; 16 SR 197; 16 SR 2102; 17 SR 285; 18 SR 1565; 18 SR 2195; 20 SR 715; 22 SR 5; 28 SR 1482; 30 SR 43; 33 SR 2042

Published Electronically:

October 10, 2013

7045.0121 TREATABILITY STUDY EXEMPTIONS.

Subpart 1.

Applicability.

Except as provided in subpart 2, persons who generate or collect samples for the purpose of conducting treatability studies, as defined in part 7045.0020, are not subject to any requirement of parts 7045.0102 to 7045.0397, or to the notification requirements of the Resource Conservation and Recovery Act, United States Code, title 42, section 6930, as amended, when:

A.

the sample is being collected and prepared for transportation by the generator or sample collector;

B.

the sample is being accumulated or stored by the generator or sample collector before transportation to a laboratory or testing facility; or

C.

the sample is being transported to the laboratory or testing facility for the purpose of conducting a treatability study.

Subp. 2.

Conditions of exemption.

The exemption in subpart 1 is applicable to samples of hazardous waste being collected and shipped for the purpose of conducting treatability studies provided that:

A.

no more than 1,000 kilograms of nonacute hazardous waste, one kilogram of acute hazardous waste, or 250 kilograms of soils, water, or debris contaminated with acute hazardous waste is used for each process being evaluated for each generated waste stream;

B.

each sample shipment does not exceed 1,000 kilograms of nonacute hazardous waste, one kilogram of acute hazardous waste, or 250 kilograms of soils, water, or debris contaminated with acute hazardous waste;

C.

the sample is packaged so that it will not leak, spill, or vaporize from its packaging during shipment and the requirements of either of the following subitems are met:

(1)

the transportation of each sample shipment complies with United States Department of Transportation, United States Postal Service, and any other applicable shipping requirements; or

(2)

if the United States Department of Transportation, United States Postal Service, or other shipping requirements do not apply to the shipment of the sample, the following information must accompany the sample: the name, mailing address, and telephone number of the originator of the sample; the name, address, and telephone number of the facility that will perform the treatability study; the quantity of the sample; the date of shipment; and a description of the sample, including its Environmental Protection Agency hazardous waste number;

D.

the sample is shipped to a laboratory or testing facility that is exempt under this part, or has an appropriate permit under the Resource Conservation and Recovery Act, United States Code, title 42, section 6901 et seq., as amended, or interim status;

E.

the generator or sample collector maintains the following records for a period ending three years after completion of the treatability study:

(1)

copies of shipping documents;

(2)

a copy of the contract with the facility conducting the treatability study; and

(3)

documentation showing the amount of waste shipped under this exemption; the name, address, and identification number of the laboratory or testing facility that received the waste; the date the shipment was made; and whether or not unused samples and residues were returned to the generator;

F.

the generator reports the information required under item E, subitem (3), in its report to the commissioner as specified in part 7045.0248.

Subp. 3.

Facilities and sample handling.

A mobile treatment unit may qualify as a laboratory or testing facility subject to requirements of this subpart. Where a group of mobile treatment units are located at the same site, the limitations specified in this subpart apply to the entire group of mobile treatment units involved in treatability studies collectively as if the group were one mobile treatment unit. Samples undergoing treatability studies and the laboratory or testing facility conducting the treatability studies, to the extent the facilities are engaged directly in treatability studies and are not otherwise subject to the Resource Conservation and Recovery Act requirements, United States Code, title 42, section 6901 et seq., as amended, are not subject to any requirements of Code of Federal Regulations, title 40, part 124, as amended; parts 7045.0102 to 7045.0685 except this part and applicable references; part 7045.1390; chapter 7001; or to the notification requirements of the Resource Conservation and Recovery Act, United States Code, title 42, section 6930, as amended, providing that the conditions in items A to K are met.

A.

No less than 45 days before conducting treatability studies, the facility operator notifies the commissioner in writing that it intends to conduct treatability studies under this item.

B.

The laboratory or testing facility conducting the treatability study has an identification number.

C.

No more than a total of 250 kilograms of hazardous waste sample of which no more than one kilogram may be acute hazardous waste, as received, is subjected to initiation of treatment in all treatability studies in any single day. The term "as received" refers to the hazardous waste sample in the form received in the shipment from the generator or sample collector for the purpose of evaluation in treatability studies.

D.

The quantity of as received hazardous waste sample stored at the facility for the purpose of evaluation in treatability studies does not exceed 1,000 kilograms, the total of which can include 500 kilograms of soils, water, or debris contaminated with acute hazardous waste or one kilogram of acute hazardous waste. This quantity limitation does not include:

(1)

treatability study residues; and

(2)

treatment materials, including nonhazardous solid waste, added to as received hazardous waste sample.

E.

Any unused sample or residues generated from the treatability study must be returned to the generator or sample collector, or must be sent to a designated facility with a current identification number within 90 days after completion of the treatability study or within one year of the date the generator or sample collector shipped the sample to the laboratory or testing facility, whichever date occurs first.

F.

The treatability study does not involve the placement of hazardous waste on the land or open burning of hazardous waste.

G.

The facility maintains records for three years following completion of each treatability study conducted and these records track compliance with the limits on treatment rate, storage time, and quantity and also include the following information:

(1)

the name, address, and identification number of the generator or sample collector of each hazardous waste sample;

(2)

the date the waste sample shipment was received;

(3)

the quantity of waste sample accepted;

(4)

the quantity of as received waste sample in storage each day;

(5)

the date the treatment study was initiated, and the amount of as received waste sample introduced to treatment each day;

(6)

the date the treatability study was concluded; and

(7)

the date any unused sample or residues generated from the treatability study were returned to the generator or sample collector or, if sent to a designated facility, the name of the facility and its identification number.

H.

The facility must keep, on-site, a copy of the treatability study contract and all shipping papers associated with the transport of treatability study samples to and from the facility for a period ending three years from the completion date of each treatability study.

I.

The facility prepares and submits a report to the commissioner by March 15 of each year that estimates the number of studies and the amount of waste expected to be used in treatability studies during the current year and includes the following information for the previous calendar year:

(1)

the name, address, and identification number of the facility conducting the treatability studies;

(2)

the types, by process, of treatability studies conducted;

(3)

the names and addresses of persons for whom studies have been conducted, including their identification numbers;

(4)

the total quantity of waste in storage each day;

(5)

the quantity and types of waste subjected to treatability studies;

(6)

when each treatability study was conducted; and

(7)

the final disposition of residues and unused sample from each treatability study.

J.

The facility determines whether any unused sample or residues generated by the treatability study are hazardous waste under parts 7045.0102 to 7045.0143, and, if so, are subject to chapters 7001 and 7045, unless the residues and unused samples are returned to the sample originator, in which case the sample originator is responsible to make this determination.

K.

The facility notifies the commissioner by letter when the facility is no longer planning to conduct any treatability studies at the site.

Statutory Authority:

MS s 14.07; 116.07

History:

14 SR 2248; 16 SR 2102; 18 SR 1565; 20 SR 715; 22 SR 5; 33 SR 2042

Published Electronically:

October 10, 2013

7045.0125 MANAGEMENT OF WASTE BY USE, REUSE, RECYCLING, AND RECLAMATION.

Subpart 1.

Scope.

This part regulates hazardous waste and used oil that is to be recycled except for use constituting disposal as provided in part 7045.0665, hazardous waste used for precious metals recovery as provided in part 7045.0675; spent lead-acid batteries being reclaimed as provided in part 7045.0685; hazardous waste fuel being burned for energy recovery as provided in part 7045.0692; or used oil fuel being burned for energy recovery as provided in part 7045.0885.

Subp. 2.

[Repealed, 10 SR 1688]

Subp. 3.

Out-of-state waste.

Hazardous waste from an out-of-state generator that is to be beneficially used, reused, or legitimately recycled or reclaimed by methods other than burning, is exempt from the requirements of parts 7045.0221 to 7045.0255.

Subp. 3a.

Management requirements for used oil.

Used oil that is recycled by reuse, rerefining, reclamation, reprocessing, or burning for energy recovery, is subject only to parts 7045.0790 to 7045.0990, unless otherwise specified in that part. "Burning for energy recovery" means the combustion of used oil with a heating value of over 5,000 Btus per pound to recover an energy value from it. Used oil that is not recycled is hazardous waste and is subject to this chapter and chapter 7046.

Subp. 4.

Management of specific hazardous wastes.

Management of the following wastes when recycled, is not subject to regulation under parts 7045.0205 to 7045.0695 and 7045.1390:

A.

industrial ethyl alcohol that is reclaimed, except as provided in subpart 12;

B.

used batteries or used battery cells returned to a battery manufacturer for regeneration;

C.

scrap metal and excluded scrap metal;

D.

fuels produced from the refining of oil-bearing hazardous wastes along with normal process streams at a petroleum refining facility if the wastes result from normal petroleum refining, production, and transportation practices;

E.

oil that is reclaimed from hazardous wastes that are generated from normal petroleum refining, production, and transportation practices, and that is to be refined along with normal process streams at a petroleum refining facility;

F.

EPA Hazardous Waste Nos. K060, K087, K141, K142, K143, K144, K145, K147, and K148, and any wastes from the coke by-products processes that are hazardous only because they exhibit the toxicity characteristic, specified in part 7045.0131, subpart 7, when, subsequent to generation, these materials are recycled to coke ovens, recycled to the tar recovery process as a feedstock to produce coal tar, or mixed with coal tar prior to the tar's sale or refining. This exclusion is conditioned on there being no land disposal of the wastes from the point they are generated to the point they are recycled to coke ovens, tar recovery, or refining processes or mixed with coal tar;

G.

hazardous waste fuel produced from oil-bearing hazardous wastes from petroleum refining, production, or transportation practices, or produced from oil reclaimed from the hazardous wastes, where the hazardous wastes are reintroduced into a process that does not use distillation or does not produce products from crude oil if the resulting fuel meets the used oil specification under part 7045.0840, and no other hazardous wastes are used to produce the hazardous waste fuel;

H.

hazardous waste fuel produced from oil-bearing hazardous waste from petroleum refining, production, and transportation practices, where the hazardous wastes are reintroduced into a refining process after a point at which contaminants are removed, if the fuel meets the used oil fuel specification under part 7045.0840;

I.

oil that is reclaimed from oil-bearing hazardous wastes from petroleum refining, production, and transportation practices, and is burned as a fuel without reintroduction to a refining process, if the reclaimed oil meets the used oil fuel specification under part 7045.0840;

J.

petroleum coke produced from petroleum refinery hazardous wastes containing oil at the same facility at which the wastes were generated, unless the resulting coke product exhibits one or more of the characteristics of hazardous waste in part 7045.0131;

K.

nonwastewater splash condenser dross residue from the treatment of K061 in high temperature metals recovery units, provided it is shipped in drums, if shipped, and not land disposed before recovery;

L.

pipeline interface material, provided that the material is transported solely in a pipeline system as defined in Code of Federal Regulations, title 49, part 195, as amended, and is:

(1)

used as an ingredient in fuel;

(2)

sent to a refinery for use as an ingredient in a refining process; or

(3)

sent to a processing location for reclamation;

M.

mixtures of different petroleum fuel products that met all fuel specifications required by Minnesota Statutes, section 239.761, before being mixed together, and that contain no other added water or waste, provided the mixtures are:

(1)

used as an ingredient in fuel;

(2)

sent to a refinery for use as an ingredient in a refining process; or

(3)

sent to a processing location for reclamation;

N.

recyclable fuel, if the following conditions are met:

(1)

the recyclable fuel is immediately removed from the generation site by a transporter in compliance with all applicable Minnesota Department of Transportation requirements in Minnesota Statutes, sections 221.033 to 221.0355, and Code of Federal Regulations, title 49, parts 171 to 199;

(2)

the recyclable fuel is delivered to a registered fuel recycling facility or managed as provided in part 7045.0208 within five calendar days of being accepted by the transporter. If the recyclable fuel is rejected after delivery to a recyclable fuel recycling facility, the time it is held at the facility before it is rejected shall not count as part of the allowed five calendar days;

(3)

the recyclable fuel is not transferred, stored, or off-loaded between pickup and delivery;

(4)

the recyclable fuel is placed into the recycling process within 24 hours of receipt by a registered fuel recycling facility or, if managed under part 7045.0208, in accordance with the applicable requirements of that part; and

(5)

if, because of a need to conduct waste analysis, recyclable fuel cannot be placed into the recycling process within 24 hours of receipt, the owner or operator of the fuel recycling facility shall contact the commissioner to request an extension of the storage time. A request for an extension can be for a single event or to address an ongoing need for additional time. A request for an extension must be submitted in writing to the commissioner and must include:

(a)

the amount and type of waste being accepted;

(b)

the amount of time that will be necessary to conduct waste evaluation; and

(c)

a description of how the waste will be managed during the storage period, including the measures that will be in place to prevent releases and how spills will be contained and cleaned up.

The commissioner's decision to approve holding the waste longer than 24 hours will be based on an evaluation of whether the owner or operator of the recycling facility can provide adequate protection of human health and the environment until the recyclable fuel is placed into the recycling process;

O.

petroleum fuel filters if they are burned for energy recovery under subpart 3a, or recycled as scrap metal under item C, and are managed during accumulation and transportation in accordance with the requirements of part 7045.0990, subparts 3 to 5; and

P.

circuit boards or shredded circuit boards being recycled, provided that they are:

(1)

stored in containers sufficient to prevent a release to the environment prior to recovery; and

(2)

free of mercury switches, mercury relays, and nickel-cadmium batteries and lithium batteries.

Subp. 5.

Requirements for use of hazardous waste as feedstock.

A.

Except as provided in items B to D, hazardous wastes that are shown to be recycled by being used in a manner specified in subitems (1) to (3), are not subject to regulation under parts 7045.0205 to 7045.0990 and 7045.1390. This subpart does not apply to wastes being accumulated speculatively as defined in part 7045.0020, subpart 84a, or being managed by use constituting disposal as regulated under part 7045.0665 or burning for energy recovery, as regulated in part 7045.0692. Hazardous wastes are considered to be used as feedstock if they are:

(1)

used or reused as ingredients in an industrial process to make a product, provided the hazardous wastes are not being reclaimed;

(2)

used or reused as effective substitutes for commercial products; or

(3)

returned to the original process from which they are generated, without first being reclaimed. The hazardous waste must be returned as a substitute for raw material feedstock, and the process must use raw materials as principal feedstocks.

B.

A generator of hazardous waste for use as feedstock is subject to the following generator requirements:

(1)

parts 7045.0214 to 7045.0217 for waste evaluation requirements;

(2)

part 7045.0221 for identification number requirements;

(3)

parts 7045.0225 to 7045.0250 for licensing and license reporting requirements;

(4)

the generator must maintain records at the licensed site for at least three years confirming that the hazardous waste was received at the designated facility as indicated in the management plan required by part 7045.0230; and

(5)

the generator must keep records showing: the volume of these wastes stored at the beginning of the calendar year; the amount of these hazardous wastes generated during the calendar year; the amount of these hazardous wastes used as a feedstock during the calendar year; and the amount of these hazardous wastes remaining at the end of the calendar year.

C.

Transporters of hazardous wastes for use as feedstock must comply with all applicable requirements of Minnesota Statutes, sections 221.033 and 221.0341, and with 221.0355 if applicable, and Code of Federal Regulations, title 49, parts 171 to 199, as amended.

D.

Owners or operators of facilities that manage hazardous wastes for use as feedstock are subject to the following requirements:

(1)

prior to receiving the waste, as a designated facility, the owner or operator must provide the commissioner with written evidence to document that the hazardous waste is used as specified in item A and that the facility has the equipment necessary to manage the hazardous waste; and

(2)

the owner or operator must keep records showing: the volume of these hazardous wastes stored at the beginning of the calendar year; the amount of these wastes received during the calendar year; the amount of these hazardous wastes used as a feedstock during the calendar year; and the amount of these hazardous wastes remaining at the end of the calendar year.

Subp. 6.

Requirements for reclamation of specific hazardous waste.

A.

A by-product or a sludge that is hazardous only because it exhibits a characteristic of hazardous waste as defined in part 7045.0131 and is reclaimed is subject to only the following requirements:

(1)

A generator of such a hazardous waste is subject to the requirements of subpart 5, item B.

(2)

Transporters of such a hazardous waste must comply with all applicable requirements of Minnesota Statutes, sections 221.033 and 221.0341, and with 221.0355 if applicable, and Code of Federal Regulations, title 49, parts 171 to 199, as amended.

(3)

Owners or operators of designated facilities receiving a hazardous characteristic by-product or sludge must provide written evidence to the commissioner prior to receiving such hazardous waste that the owner or operator has the equipment and capability to reclaim such hazardous waste, and must keep records showing: the volumes of such hazardous waste stored at the beginning of the year; the amount of such hazardous waste received during the calendar year; the amount of such hazardous waste reclaimed during the calendar year; and the amount of such hazardous waste remaining at the end of the calendar year.

B.

This subpart does not apply to hazardous wastes being accumulated speculatively as defined in part 7045.0020, subpart 84a, or being managed by use constituting disposal, as regulated under part 7045.0665 or being burned for energy recovery as regulated by part 7045.0692.

Subp. 7.

Generator requirements.

Unless exempted specifically in this part or parts 7045.0790 to 7045.0990, a generator of hazardous waste that is destined for recycling is subject to the requirements of parts 7045.0205 to 7045.0325.

Subp. 8.

Transporter requirements.

Unless exempted specifically in this part or parts 7045.0790 to 7045.0990, transporters of hazardous waste destined for recycle are subject to the requirements of parts 7045.0351 to 7045.0397.

Subp. 9.

Facility requirements.

Unless exempted specifically in this part or parts 7045.0692 and 7045.0790 to 7045.0990, owners and operators of facilities that recycle hazardous waste are subject to the following requirements:

A.

If the recyclable hazardous waste is stored before it is recycled, the owners or operators are subject to the requirements of parts 7045.0450 to 7045.0534, 7045.0540, 7045.0549, 7045.0551, 7045.0552 to 7045.0632, 7045.0645, 7045.0647, 7045.0648, 7045.0652 to 7045.0686, and 7045.1390, and chapter 7001. The recycling process itself is exempt from regulation except as provided in item C.

B.

If the recyclable hazardous waste is recycled without storing before recycling, the owners or operators are subject to the requirements of parts 7045.0482, subpart 2; 7045.0556, subpart 2; 7045.0580; and 7045.0582.

C.

Owners or operators of facilities subject to RCRA permitting requirements with hazardous waste management units that recycle hazardous wastes are subject to the process vent and equipment leak standards in parts 7045.0549 and 7045.0551 and 7045.0647 and 7045.0648.

D.

Owners and operators of fuel recycling facilities that accept recyclable fuel must register with the agency by submitting, on a form prescribed by the commissioner, a notification of the owners' or operators' intent to accept recyclable fuel. The information submitted must include the facility's name and address, a name and telephone number of a designated contact person, and a description of the process and equipment that will be used to manage the recyclable fuel. The facility will be considered to be registered to accept recyclable fuel upon receipt of written confirmation from the commissioner that the agency is aware of waste recycling activities at the facility.

Subp. 10.

[Repealed, 14 SR 1718]

Subp. 11.

[Repealed, 14 SR 1718]

Subp. 12.

Export of industrial ethyl alcohol.

A.

Unless provided otherwise in an international agreement as authorized by Code of Federal Regulations, title 40, section 262.58, as amended, a person initiating a shipment of industrial ethyl alcohol for reclamation in a foreign country, and any intermediary arranging for the shipment, must: (1) comply with the requirements applicable to a primary exporter in part 7045.0302, subpart 2; subpart 6, items A to D and F; and subpart 7; (2) export industrial ethyl alcohol for reclamation only upon consent of the receiving country and in conformance with the EPA Acknowledgment of Consent as specified in part 7045.0302; and (3) provide a copy of the EPA Acknowledgment of Consent to the transporter transporting the shipment for export.

B.

Transporters transporting a shipment for export may not accept a shipment if the shipment does not conform to the EPA Acknowledgment of Consent, and must ensure that a copy of the EPA Acknowledgment of Consent accompanies the shipment and that the shipment is delivered to the designated facility.

Subp. 13.

Exports and imports.

Hazardous waste that is exported to or imported from designated member countries of the Organization for Economic Cooperation and Development (OECD), as defined in Code of Federal Regulations, title 40, section 262.58(a)(1), for purposes of recovery is subject to the requirements of part 7045.0322 if it is subject to either the manifesting requirements of parts 7045.0261 to 7045.0265 or the universal waste management standards of part 7045.1400.

Statutory Authority:

MS s 14.07; 115.03; 116.07; 116.37

History:

9 SR 115; 9 SR 2613; 10 SR 1688; 11 SR 1832; L 1987 c 186 s 15; 12 SR 1660; 13 SR 1238; 14 SR 976; 14 SR 1718; 16 SR 2102; 16 SR 2321; 18 SR 1565; 18 SR 1886; 18 SR 2195; 20 SR 715; 22 SR 5; 29 SR 947; 31 SR 1277; 33 SR 2042

Published Electronically:

October 10, 2013

7045.0127 RESIDUES IN EMPTY CONTAINERS AND EMPTY INNER LINERS.

Subpart 1.

Scope.

Any hazardous waste remaining in an empty container or an empty inner liner removed from an empty container, as defined in subparts 2 to 4 is not subject to regulation under parts 7045.0102 to 7045.1030 and 7045.1390, or a hazardous waste facility permit. Any hazardous waste in a container or an inner liner removed from a container that is not empty, as defined in subparts 2 to 4, is subject to regulation under parts 7045.0102 to 7045.1030 and 7045.1390, and the agency's permitting procedures.

Subp. 2.

Empty containers or inner liners; definition.

A container or an inner liner removed from a container that has held any hazardous waste, except a waste that is a compressed gas or that is identified as an acute hazardous waste in part 7045.0135, subpart 1a, items B and C, and Code of Federal Regulations, title 40, section 261.33(e), as incorporated in part 7045.0135, is empty if:

A.

all wastes have been removed that can be removed using the practices commonly employed to remove materials from that type of container such as pouring, pumping, and aspirating; and

B.

no more than 2.5 centimeters (one inch) of residue remain on the bottom of the container or inner liner; or

C.

no more than three percent by weight of the total capacity of the container remains in the container or inner liner if the container or inner liner is less than or equal to 119 gallons in size; or

D.

no more than 0.3 percent by weight of the total capacity of the container remains in the container or inner liner if the container or inner liner is greater than 119 gallons in size.

Subp. 3.

Other empty containers or inner liners.

A container or inner liner that has held an acute hazardous waste identified in part 7045.0135, subpart 1a, items B and C, and Code of Federal Regulations, title 40, section 261.33(e), as incorporated in part 7045.0135, is empty if:

A.

the container or inner liner has been triple rinsed using a solvent capable of removing the commercial chemical product or manufacturing chemical intermediate;

B.

the container or inner liner has been cleaned by another method that has been shown in the scientific literature, or by tests conducted by the generator, to achieve equivalent removal; or

C.

in the case of a container, the inner liner that prevented contact of the commercial chemical product or manufacturing chemical intermediate with the container, has been removed.

Subp. 4.

Empty compressed gas containers.

A container that has held a hazardous waste that is a compressed gas is empty when the pressure in the container approaches atmospheric pressure.

Statutory Authority:

MS s 116.07

History:

9 SR 115; 10 SR 1212; 13 SR 1238; 18 SR 1565; 31 SR 1277; 33 SR 2042

Published Electronically:

October 10, 2013

7045.0129 CRITERIA FOR LISTING HAZARDOUS WASTE.

Subpart 1.

Criteria used by agency for listing hazardous waste.

The agency shall list a waste as hazardous if:

A.

the waste exhibits any of the characteristics of hazardous waste in part 7045.0131;

B.

the waste has been found to be fatal to humans in low doses or, in the absence of data on human toxicity, it has been shown in studies to have an oral median lethal dose toxicity (rat) of less than 50 milligrams per kilogram, an inhalation median lethal concentration toxicity (rat) of less than two milligrams per liter, or a dermal median lethal dose toxicity (rabbit) of less than 200 milligrams per kilogram, or is otherwise capable of causing or significantly contributing to an increase in serious irreversible, or incapacitating reversible, illness; or

C.

the waste contains any of the toxic constituents listed in part 7045.0141 unless the agency concludes that the waste is not capable of posing a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed, or otherwise managed. The agency shall consider the following factors when it makes this decision:

(1)

the nature of the toxicity presented by the constituent;

(2)

the concentration of the constituent in the waste;

(3)

the potential of the constituent or any toxic degradation product of the constituent to migrate from the waste into the environment under the types of improper management considered in subitem (7);

(4)

the persistence of the constituent or any toxic degradation product of the constituent;

(5)

the potential for the constituent or any toxic degradation product of the constituent to degrade into nonharmful constituents and the rate of degradation;

(6)

the degree to which the constituent or any degradation product of the constituent bioaccumulates in ecosystems;

(7)

the plausible types of improper management to which the waste could be subjected;

(8)

the quantities of the waste generated at individual generation sites or on a regional or national basis;

(9)

the nature and severity of the human health and environmental damage that has occurred as a result of the improper management of wastes containing the constituent;

(10)

action taken by other governmental agencies or regulatory programs based on the health or environmental hazard posed by the waste or waste constituent; and

(11)

other factors that are relevant to the agency's determination of whether the waste is capable of posing a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.

Subp. 2.

Classes of wastes.

The agency may list classes or types of waste as hazardous waste if there is reason to believe that individual wastes, within the class or type of waste, typically or frequently are hazardous under the definition of hazardous waste in part 7045.0020.

Subp. 3.

Acute and toxic wastes.

Waste listed in accordance with the criteria of subpart 1, item B shall be designated acute hazardous waste. Waste listed in accordance with the criteria of subpart 1, item C or which exhibits the characteristic of toxicity under subpart 1, item A shall be designated as toxic waste. Substances shall be listed in part 7045.0141 only if they have been shown in scientific studies to have toxic, carcinogenic, mutagenic, or teratogenic effects on humans or other life forms.

Subp. 4.

Commissioner's recommendation.

The commissioner may recommend to the agency that a specific generator's waste be classified as a hazardous waste because it meets one or more of the criteria in subpart 1, or because its quantity, concentration, or chemical, physical, or infectious characteristics may:

A.

cause or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible illness; or

B.

pose a substantial present or potential hazard to human health, or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed. If the commissioner makes such a recommendation, the procedures in part 7045.0218 shall be followed.

Statutory Authority:

MS s 116.07

History:

9 SR 115; L 1987 c 186 s 15

Published Electronically:

October 10, 2013

7045.0130

[Repealed by amendment, 9 SR 115]

Published Electronically:

October 10, 2013

7045.0131 CHARACTERISTICS OF HAZARDOUS WASTE.

Subpart 1.

In general.

A waste which is not excluded from regulation as a hazardous waste under part 7045.0120 is a hazardous waste if it exhibits ignitability, corrosivity, reactivity, toxicity, lethality, or is an oxidizer, as described in subparts 2 to 7. A hazardous waste which is identified by a characteristic in this part is assigned every hazardous waste number that is applicable. This number must be used in complying with the notification requirements of section 3010 of the federal Resource Conservation and Recovery Act and all applicable record keeping and reporting requirements under parts 7045.0205 to 7045.0649 and 7045.1390, and chapter 7001. For purposes of this part, the commissioner shall consider a sample obtained using any of the applicable sampling methods specified in Code of Federal Regulations, title 40, part 261, Appendix I, as incorporated in part 7045.0155, or Toxicity Characteristic Leaching Procedure, Method 1311 in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA publication SW-846, incorporated by reference in part 7045.0065, item D, to be a representative sample.

Subp. 2.

Ignitability.

A waste exhibits the characteristic of ignitability if a representative sample of the waste has any of the following properties:

A.

it is a liquid, other than an aqueous solution containing less than 24 percent alcohol by volume, and has a flash point less than 60 degrees Celsius (140 degrees Fahrenheit), as determined by a Pensky-Martens Closed Cup Tester using the test method specified in standard D-93-79 or D-93-80 in the Annual Book of ASTM Standards, issued by the American Society for Testing and Materials (Philadelphia 1982), or a Setaflash Closed Cup Tester using the test method specified in standard D-3278-78 in the Annual Book of ASTM Standards, issued by the American Society for Testing and Materials (Philadelphia 1982), or as determined by an equivalent test method approved by the commissioner under the procedures set forth in part 7045.0075, subpart 1;

B.

it is not a liquid and is capable, under standard temperature and pressure, of causing fire through friction, absorption of moisture, or spontaneous chemical changes and, when ignited, burns so vigorously and persistently that it creates a hazard; or

C.

it is an ignitable compressed gas as defined in Code of Federal Regulations, title 49, section 173.115, as amended, and as determined by the test methods described in that regulation or equivalent test methods approved by the commissioner under part 7045.0075, subpart 1.

A waste that exhibits the characteristic of ignitability has the hazardous waste number of D001.

Subp. 3.

Oxidizers.

A waste exhibits the characteristics of an oxidizer if a representative sample of the waste has the following properties:

A.

it is an oxidizer as defined in Code of Federal Regulations, title 49, section 173.127, as amended; or

B.

it readily supplies oxygen to a reaction in the absence of air. Oxidative materials include, but are not limited to, oxides, organic and inorganic peroxides, permanganates, perrhenates, chlorates, perchlorates, persulfates, nitric acid, organic and inorganic nitrates, iodates, periodates, bromates, perselenates, perbromates, chromates, dichromates, ozone, and perborates. Bromine, chlorine, fluorine, and iodine react similarly to oxygen under some conditions and are therefore also oxidative materials.

A waste that exhibits the characteristics of an oxidizer has the hazardous waste number of D001.

Subp. 4.

Corrosivity.

A waste exhibits the characteristic of corrosivity if a representative sample of the waste has any of the following properties:

A.

it is aqueous and has a pH less than or equal to 2.0 or greater than or equal to 12.5, as determined by a pH meter using Method 9040C in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA publication SW-846, incorporated by reference in part 7045.0065, item D; or

B.

it is liquid and corrodes steel (SAE 1020) at a rate greater than 6.35 mm (0.250 inch) per year at a test temperature of 55 degrees Celsius (130 degrees Fahrenheit) as determined by the test method specified in National Association of Corrosion Engineers Standard TM-01-69 as standardized in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA publication SW-846, incorporated by reference in part 7045.0065, item D.

A waste that exhibits the characteristic of corrosivity has the hazardous waste number of D002.

Subp. 5.

Reactivity.

A waste exhibits the characteristic of reactivity if a representative sample of the waste has any of the following properties:

A.

it is normally unstable and readily undergoes violent change without detonating;

B.

it reacts violently with water;

C.

it forms potentially explosive mixtures with water;

D.

when mixed with water, it generates toxic gases, vapors, or fumes in a quantity sufficient to present a danger to human health or the environment;

E.

it is a cyanide or sulfide bearing waste which, when exposed to pH conditions between 2.0 and 12.5 can generate toxic gases, vapors, or fumes in a quantity sufficient to present a danger to human health or the environment;

F.

it is capable of detonation or explosive reaction if it is subjected to a strong initiating source or if heated under confinement;

G.

it is readily capable of detonation or explosive decomposition or reaction at standard temperature and pressure; or

H.

it is a forbidden explosive as defined in Code of Federal Regulations, title 49, section 173.54, as amended, a Division 1.1 or 1.2 explosive as defined in Code of Federal Regulations, title 49, section 173.50, as amended, or a Division 1.2 or 1.3 explosive as defined in Code of Federal Regulations, title 49, section 173.50, as amended.

A waste that exhibits the characteristic of reactivity has the hazardous waste number of D003.

Subp. 6.

Lethality.

Lethality is determined as follows:

A.

A waste exhibits the characteristic of lethality as determined in item B, if a representative sample of the waste has any one of the following properties:

(1)

an oral median lethal dose less than 500 milligrams of material per kilogram of body weight of test animal;

(2)

a dermal median lethal dose less than 1,000 milligrams of material per kilogram of body weight of test animal;

(3)

an inhalation median lethal concentration of less than 2,000 milligrams of material per cubic meter of air, if the material or a component is in a form that may be inhaled as a dust or mist; or

(4)

an inhalation median lethal concentration of less than 1,000 parts per million of material in air, if the material or component may be inhaled as gas or vapor.

B.

Lethality shall be determined by applying knowledge of materials and processes used, including reasonably available information on the lethality of the components of the waste. If available information and knowledge are insufficient to reasonably determine lethality, the generator must notify the commissioner. The commissioner may order additional evaluation as specified in part 7045.0217. Additional evaluation may include testing according to the specifications of item C.

C.

Lethality shall be determined as described in subitems (1) to (3):

(1)

Oral median lethal dose shall be determined by a test in which the specified time is 14 days, the group of test animals is at least ten white laboratory rats of 200 to 300 grams each, half of which are male and half of which are female, and the route of administration is a single oral dose.

(2)

Dermal median lethal dose shall be determined by a test in which the specified time is 14 days and the group of test animals is ten or more white rabbits, half of which are male and half of which are female, and the route of administration is a 24-hour exposure with continuous contact on bare skin.

(3)

Inhalation median lethal concentration shall be determined by a test in which the specified time is 14 days, the group of the test animals is at least ten white laboratory rats of 200 to 300 grams each, half of which are male and half of which are female, and the route of administration is continuous respiratory exposure for a period of one hour.

D.

A waste that exhibits the characteristics of lethality has the hazardous waste number MN01.

Subp. 7.

Toxicity.

Toxicity is determined as follows:

A.

A waste, except manufactured gas plant waste, exhibits the characteristic of toxicity if, using the Toxicity Characteristic Leaching Procedure, Method 1311 in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA publication SW-846, incorporated by reference in part 7045.0155, subpart 1, item B, the extract from a representative sample of the waste contains any of the contaminants listed in subpart 8 at a concentration equal to or greater than the respective contaminant values listed. Where the waste contains less than 0.5 percent filterable solids, the waste itself, after filtering using the methodology outlined in Method 1311, is considered to be the extract for the purpose of this evaluation.

B.

A waste that exhibits the characteristic of toxicity has the hazardous waste number specified in subpart 8 which corresponds to the toxic contaminant causing it to be hazardous.

C.

If the concentration of a constituent in a waste is known and that constituent is listed in subpart 8, the maximum possible concentration in the extract can be calculated on the assumption that 100 percent of the constituent will be extracted. If the calculated maximum possible concentration in the extract is less than the limit listed in subpart 8, the waste is not a hazardous waste because of the subject constituent.

Subp. 8.

Maximum concentration of contaminants for the toxicity characteristic.

Hazardous
Waste Number
Contaminant CAS No. Maximum
Concentration
(milligrams
per liter)
D004 Arsenic 7440-38-2 5.0
D005 Barium 7440-39-3 100.0
D018 Benzene 71-43-2 0.5
D006 Cadmium 7440-43-9 1.0
D019 Carbon tetrachloride 56-23-5 0.5
D020 Chlordane 57-74-9 0.03
D021 Chlorobenzene 108-90-7 100.0
D022 Chloroform 67-66-3 6.0
D007 Chromium 7440-47-3 5.0
D023 o-Cresol 95-48-7 *200.0
D024 m-Cresol 108-39-4 *200.0
D025 p-Cresol 106-44-5 *200.0
D026 Cresol *200.0
D016 2,4-D 94-75-7 10.0
D027 1,4-Dichlorobenzene 106-46-7 7.5
D028 1,2-Dichloroethane 107-06-2 0.5
D029 1,1-Dichloroethylene 75-35-4 0.7
D030 2,4-Dinitrotoluene 121-14-2 0.13
D012 Endrin 72-20-8 0.02
D031 Heptachlor (and its epoxide) 76-44-8 0.008
D032 Hexachlorobenzene 118-74-1 0.13
D033 Hexachlorobutadiene 87-68-3 0.5
D034 Hexachloroethane 67-72-1 3.0
D008 Lead 7439-92-1 5.0
D013 Lindane 58-89-9 0.4
D009 Mercury 7439-97-6 0.2
D014 Methoxychlor 72-43-5 10.0
D035 Methyl ethyl ketone 78-93-3 200.0
D036 Nitrobenzene 98-95-3 2.0
D037 Pentachlorophenol 87-86-5 100.0
D038 Pyridine 110-86-1 5.0
D010 Selenium 7782-49-2 1.0
D011 Silver 7440-22-4 5.0
D039 Tetrachloroethylene 127-18-4 0.7
D015 Toxaphene 8001-35-2 0.5
D040 Trichloroethylene 79-01-6 0.5
D041 2,4,5-Trichlorophenol 95-95-4 400.0
D042 2,4,6-Trichlorophenol 88-06-2 2.0
D017 2,4,5-TP (Silvex) 93-72-1 1.0
D043 Vinyl chloride 75-01-4 0.2

*If o-, m-, and p-cresol concentrations cannot be differentiated, the total cresol (D026) concentration is used. The regulatory level of total cresol is 200 milligrams per liter.

Statutory Authority:

MS s 14.07; 116.07; 116.37

History:

9 SR 115; L 1987 c 186 s 15; 15 SR 1878; 16 SR 2239; 20 SR 715; 33 SR 2042

Published Electronically:

October 10, 2013

7045.0133 EXEMPTION FROM REGULATION DUE TO LETHALITY.

Subpart 1.

In general.

A generator's waste that exhibits the characteristics of lethality as described in part 7045.0131, subpart 6, may be exempted from regulation under parts 7045.0102 to 7045.1390 if the generator can demonstrate to the satisfaction of the agency that the waste is not capable of posing a present or potential hazard to human health and the environment if the waste were to be improperly treated, transported, stored, disposed, or managed under routine waste management methods.

Subp. 2.

Factors to be considered.

In demonstrating that a waste should be exempt from regulation under parts 7045.0102 to 7045.1390, the generator must present information related to the following factors:

A.

the nature of the lethality displayed by the waste;

B.

the median lethal dose or median lethal concentration of the entire waste and each of the lethal constituents within the waste;

C.

the lethal constituent or constituents present in the waste and the respective concentrations;

D.

the quantity of the waste produced by the generator on an annual basis;

E.

the types of improper or routine waste management to which the waste could be subjected;

F.

based upon the improper or routine waste management methods considered in item E, the following factors:

(1)

the potential of the lethal constituent or constituents or any lethal degradation product or products to migrate from the waste into the environment;

(2)

the persistence of the lethal constituent or constituents or any lethal degradation product or products;

(3)

the degree to which the lethal constituent or constituents or any lethal degradation product or products may bioaccumulate in the environment;

(4)

the potential for the lethal constituents or constituents of any lethal degradation product or products to degrade into nonhazardous constituents and the rate of degradation; and

(5)

the potential nature and severity of the human health and environmental damage which may result; and

G.

other factors that are relevant to the agency's determination of whether the waste is capable of posing a present or potential hazard to human health and the environment if the waste were to be improperly treated, transported, stored, disposed of, or managed under routine waste management methods.

Statutory Authority:

MS s 116.07

History:

9 SR 115; 15 SR 1878; 18 SR 1565; 33 SR 2042

Published Electronically:

October 10, 2013

7045.0135 LISTS OF HAZARDOUS WASTES.

Subpart 1.

[Repealed, 33 SR 2042]

Subp. 1a.

Incorporation by reference of federal regulations.

The following lists of hazardous wastes found in Code of Federal Regulations, title 40, part 261, subpart D, as amended, are incorporated by reference:

A.

section 261.30, general;

B.

section 261.31, hazardous wastes from nonspecific sources;

C.

section 261.32, hazardous wastes from specific sources;

D.

section 261.33, discarded commercial chemical products, off-specification species, container residues, and spill residues thereof;

E.

section 261.35, deletion of certain hazardous waste codes following equipment cleaning and replacement; and

F.

section 261.38, comparable/syngas fuel exclusion.

Subp. 2.

[Repealed, 33 SR 2042]

Subp. 2a.

[Repealed, 33 SR 2042]

Subp. 2b.

Additions, modifications, or exceptions to incorporated provisions.

A.

Part 7045.0090, adoption and incorporation by reference, also applies.

B.

The hazardous waste number in the "U" listing for paraldehyde in Code of Federal Regulations, title 40, section 261.33(f)/Table, should be U182.

C.

In Code of Federal Regulations, title 40, section 261.38, Table 1, under "metals," in the listing for "cadmium, total," "ND" is the "composite value" and "1.2" is the "Concentration limit."

Subp. 3.

[Repealed, 33 SR 2042]

Subp. 4.

[Repealed, 33 SR 2042]

Subp. 5.

PCB wastes.

Requirements for PCB wastes are as follows:

A.

For purposes of this subpart:

(1)

"commercial storer of PCB waste" has the meaning given in Code of Federal Regulations, title 40, section 761.3, as amended;

(2)

"PCB" means a substance that contains PCB's at a concentration of 50 parts per million or greater;

(3)

"PCB lighting ballast" means a device that electrically controls light fixtures and that contains a PCB small capacitor or potting material that contains PCB's; and

(4)

"PCB small capacitor" means a capacitor that contains less than 1.36 kilograms (3 pounds) of PCB dielectric fluid.

B.

PCB materials or items are hazardous waste if and when they are discarded or stored prior to being discarded.

C.

A generator of PCB wastes is subject to the requirements of Minnesota Statutes, section 116.07, subdivision 2b, and is exempt from the agency's hazardous waste requirements except for:

(1)

the hazardous waste management requirements of part 7045.0208;

(2)

the evaluation requirements of part 7045.0214;

(3)

the licensing requirements of parts 7045.0225 to 7045.0250; and

(4)

the fee requirements of chapter 7046, unless a generator demonstrates performance of a PCB phase-out agreement under Minnesota Statutes, section 116.07, subdivision 2b, paragraph (b).

D.

In addition to the requirements of item C, a generator or commercial storer of PCB waste who generates or stores PCB ballasts or PCB small capacitors must comply with the requirements of part 7045.0566, subpart 2. A commercial storer of PCB waste storing only PCB ballasts and PCB small capacitors is not subject to the facility standards in parts 7045.0450 to 7045.0649, except for the requirements of part 7045.0566, subpart 2, or to the hazardous waste facility permit requirements in chapter 7001.

E.

Thermal treatment of PCB wastes at concentrations less than 500 parts per million. High efficiency boilers as defined in Code of Federal Regulations, title 40, section 761.60(a), as amended, which are used for treatment of mineral oil dielectric fluid containing less than 500 ppm PCB, are exempt from the agency's hazardous waste facility permit requirements in chapter 7001 and parts 7045.0292 and 7045.0450 to 7045.0649, except for the following requirements:

(1)

parts 7045.0526 and 7045.0528;

(2)

parts 7045.0556 and 7045.0558;

(3)

parts 7045.0564 to 7045.0588; and

(4)

parts 7045.0594 and 7045.0596.

F.

PCB wastes have the hazardous waste number of MN03.

Statutory Authority:

MS s 14.07; 116.07; 116.37

History:

9 SR 115; 10 SR 70; 10 SR 1212; 10 SR 1688; 11 SR 301; 11 SR 1832; 12 SR 1660; 13 SR 577; 13 SR 1238; 13 SR 2761; 15 SR 1515; 15 SR 1878; 16 SR 197; 16 SR 2102; 16 SR 2239; 16 SR 2321; 17 SR 285; 18 SR 1886; 20 SR 715; 33 SR 2042

Published Electronically:

October 10, 2013

7045.0137 SMALL AMOUNTS OF UNRELATED CHEMICALS.

A collection of small amounts of unrelated but compatible chemicals, including those for which the description of any sample or set of samples is not representative of the total waste, for example a lab pack, has the hazardous waste number of MN02.

Statutory Authority:

MS s 116.07

History:

9 SR 115; 16 SR 2102; 22 SR 5; 31 SR 1277

Published Electronically:

October 10, 2013

7045.0139 BASIS FOR LISTING HAZARDOUS WASTES.

Subpart 1.

General.

The basis for listing hazardous waste is found in part 7045.0155, subpart 1, item B, which incorporates Code of Federal Regulations, title 40, part 261, Appendix VII, Basis for Listing Hazardous Waste. Part 7045.0155, subpart 2, provides any applicable exceptions.

Subp. 2.

[Repealed, 33 SR 2042]

Statutory Authority:

MS s 116.07; 116.37

History:

9 SR 115; 10 SR 1212; 11 SR 1832; 12 SR 1660; 15 SR 1515; 16 SR 197; 16 SR 2239; 16 SR 2321; 17 SR 285; 18 SR 1886; 33 SR 2042

Published Electronically:

October 10, 2013

7045.0140

[Repealed by amendment, 9 SR 115]

Published Electronically:

October 10, 2013

7045.0141 HAZARDOUS CONSTITUENTS.

Subpart 1.

[Renumbered by amendment as subp. 2, 13 SR 577]

Subpart 1.

Scope.

The hazardous constituents list is found in part 7045.0155, subpart 1, item C, which incorporates Code of Federal Regulations, title 40, part 261, Appendix VIII, Hazardous Constituents. Part 7045.0155, subpart 2, provides any applicable exceptions.

Subp. 2.

[Renumbered by amendment as subp. 3, 13 SR 577]

Subp. 2.

[Repealed, 33 SR 2042]

Subp. 3.

[Renumbered by amendment as subp. 4, 13 SR 577]

Subp. 3.

[Repealed, 33 SR 2042]

Subp. 4.

[Renumbered by amendment as subp. 5, 13 SR 577]

Subp. 4.

[Repealed, 33 SR 2042]

Subp. 5.

[Renumbered by amendment as subp. 6, 13 SR 577]

Subp. 5.

[Repealed, 33 SR 2042]

Subp. 6.

[Renumbered by amendment as subp. 7, 13 SR 577]

Subp. 6.

[Repealed, 33 SR 2042]

Subp. 7.

[Renumbered by amendment as subp. 8, 13 SR 577]

Subp. 7.

[Repealed, 33 SR 2042]

Subp. 8.

[Renumbered by amendment as subp. 9, 13 SR 577]

Subp. 8.

[Repealed, 33 SR 2042]

Subp. 9.

[Renumbered by amendment as subp. 10, 13 SR 577]

Subp. 9.

[Repealed, 33 SR 2042]

Subp. 10.

[Renumbered by amendment as subp. 11, 13 SR 577]

Subp. 10.

[Repealed, 33 SR 2042]

Subp. 11.

[Renumbered by amendment as subp. 12, 13 SR 577]

Subp. 11.

[Repealed, 33 SR 2042]

Subp. 12.

[Renumbered by amendment as subp. 13, 13 SR 577]

Subp. 12.

[Repealed, 33 SR 2042]

Subp. 13.

[Renumbered by amendment as subp. 14, 13 SR 577]

Subp. 13.

[Repealed, 33 SR 2042]

Subp. 14.

[Renumbered by amendment as subp. 15, 13 SR 577]

Subp. 14.

[Repealed, 33 SR 2042]

Subp. 15.

[Renumbered by amendment as subp. 16, 13 SR 577]

Subp. 15.

[Repealed, 33 SR 2042]

Subp. 16.

[Renumbered by amendment as subp. 17, 13 SR 577]

Subp. 16.

[Repealed, 33 SR 2042]

Subp. 17.

[Renumbered by amendment as subp. 18, 13 SR 577]

Subp. 17.

[Repealed, 33 SR 2042]

Subp. 18.

[Renumbered by amendment as subp. 19, 13 SR 577]

Subp. 18.

[Repealed, 33 SR 2042]

Subp. 19.

[Renumbered by amendment as subp. 20, 13 SR 577]

Subp. 19.

[Repealed, 33 SR 2042]

Subp. 20.

[Renumbered by amendment as subp. 21, 13 SR 577]

Subp. 20.

[Repealed, 33 SR 2042]

Subp. 21.

[Renumbered by amendment as subp. 23, 13 SR 577]

Subp. 21.

[Repealed, 33 SR 2042]

Subp. 22.

[Repealed, 33 SR 2042]

Subp. 23.

[Repealed, 33 SR 2042]

Statutory Authority:

MS s 116.07; 116.37

History:

9 SR 115; 10 SR 1212; 11 SR 1832; 13 SR 577; 15 SR 1515; 16 SR 197; 17 SR 285; 33 SR 2042

Published Electronically:

October 10, 2013

7045.0142

[Repealed, 10 SR 1688]

Published Electronically:

October 10, 2013

7045.0143 GROUNDWATER PROTECTION HAZARDOUS CONSTITUENTS LIST.

Subpart 1.

Scope.

The groundwater protection hazardous constituents list is found in part 7045.0543, subpart 1, item D, which incorporates Code of Federal Regulations, title 40, part 264, Appendix IX, Ground Water Monitoring List. Part 7045.0543, subpart 2, provides any applicable exceptions.

Subp. 2.

[Repealed, 33 SR 2042]

Subp. 3.

[Repealed, 33 SR 2042]

Subp. 4.

[Repealed, 33 SR 2042]

Subp. 5.

[Repealed, 33 SR 2042]

Subp. 6.

[Repealed, 33 SR 2042]

Subp. 7.

[Repealed, 33 SR 2042]

Subp. 9.

[Repealed, 33 SR 2042]

Subp. 10.

[Repealed, 33 SR 2042]

Subp. 12.

[Repealed, 33 SR 2042]

Subp. 13.

[Repealed, 33 SR 2042]

Subp. 14.

[Repealed, 33 SR 2042]

Subp. 15.

[Repealed, 33 SR 2042]

Subp. 17.

[Repealed, 33 SR 2042]

Subp. 20.

[Repealed, 33 SR 2042]

Subp. 21.

[Repealed, 33 SR 2042]

Subp. 23.

[Repealed, 33 SR 2042]

Subp. 25.

[Repealed, 33 SR 2042]

Subp. 27.

[Repealed, 33 SR 2042]

Statutory Authority:

MS s 116.07

History:

13 SR 577; 20 SR 715; 33 SR 2042

Published Electronically:

October 10, 2013

7045.0145 DELETION OF CERTAIN HAZARDOUS WASTE CODES FOLLOWING EQUIPMENT CLEANING AND REPLACEMENT AT WOOD PRESERVING PLANTS.

Subpart 1.

Scope.

Wastes from wood preserving processes at plants that do not resume or initiate use of chlorophenolic preservatives will not meet the listing definition of F032 once the generator has met all of the requirements of subparts 2 and 3. These wastes may, however, continue to meet another hazardous waste listing description or may exhibit one or more of the characteristics of hazardous waste.

Subp. 2.

Process equipment cleaning and replacement.

Generators must either clean or replace all process equipment that may have come into contact with chlorophenolic formulations or constituents thereof, including, but not limited to, treatment cylinders, sumps, tanks, piping systems, drip pads, fork lifts, and trams. Cleaning and replacement of process equipment must be performed in a manner which minimizes or eliminates the escape of hazardous waste or waste constituents, leachate, contaminated drippage, or hazardous waste decomposition products to the groundwater, surface water, or atmosphere. Generators must either:

A.

prepare and follow an equipment cleaning plan and clean equipment in accordance with this item by:

(1)

preparing and following a written equipment cleaning plan that describes the equipment to be cleaned, how the equipment will be cleaned, the solvent chosen to be used in the cleaning, how solvent rinses will be tested, and how cleaning residues will be disposed;

(2)

removing all visible residues from process equipment and rinsing process equipment with an appropriate solvent until dioxins and dibenzofurans in the final solvent rinse are found to be at or below the lower method calibration limit (MCL) found in SW-846, Method 8290, Table 1; and

(3)

managing all residues from the cleaning process as F032 waste;

B.

prepare, sign, and follow a written equipment replacement plan that describes the equipment to be replaced, how the equipment will be replaced, and how the equipment will be disposed of as F032 waste; or

C.

document that previous equipment cleaning and/or replacement was performed in accordance with this part and occurred after cessation of use of chlorophenolic formulations.

Subp. 3.

Record keeping.

The generator must maintain the following records documenting the cleaning and replacement as part of the facility's operating record:

A.

the name and address of the facility;

B.

formulations previously used and the date on which their use ceased in each process at the plant;

C.

formulations currently used in each process at the plant;

D.

the equipment cleaning or replacement plan;

E.

the name and address of any persons who conducted the cleaning and replacement;

F.

the dates on which cleaning and replacement were accomplished;

G.

the dates of sampling and testing;

H.

a description of the sample handling and preparation techniques, including techniques used for extraction, containerization, preservation, and chain-of-custody for the samples;

I.

a description of the tests performed, the dates the tests were performed, and the results of the tests;

J.

the name and model numbers of the instruments used in performing the tests;

K.

quality assurance/quality control (QA/QC) documentation; and

L.

the following statement signed by the generator or the generator's authorized representative: "I certify under penalty of law that all process equipment required to be cleaned or replaced under Minnesota Rules, part 7045.0145, was cleaned or replaced as represented in the equipment cleaning and replacement plan and accompanying documentation. I am aware that there are significant penalties for providing false information, including the possibility of fine or imprisonment."

Statutory Authority:

MS s 116.07

History:

17 SR 285; 20 SR 715

Published Electronically:

October 10, 2013

7045.0150

[Repealed by amendment, 9 SR 115]

Published Electronically:

October 10, 2013

7045.0155 APPENDICES TO IDENTIFICATION AND LISTING OF HAZARDOUS WASTE.

Subpart 1.

Incorporation of federal regulations.

The following appendices found in Code of Federal Regulations, title 40, part 261, as amended, are incorporated by reference:

A.

Appendix I, Representative Sampling Methods;

B.

Appendix VII, Basis for Listing Hazardous Waste; and

C.

Appendix VIII, Hazardous Constituents.

Subp. 2.

Additions, modifications, or exceptions to incorporated regulations.

A.

Part 7045.0090, adoption and incorporation by reference, also applies.

B.

The chemical abstracts name for physostigmine listed in Code of Federal Regulations, title 40, part 261, Appendix VIII, is "Pyrrolo [2,3-b]indol-5-o1."

C.

The chemical abstracts number for potassium pentachlorophenate in Code of Federal Regulations, title 40, part 261, Appendix VIII, should be "7778-73-6."

Statutory Authority:

MS s 116.07

History:

33 SR 2042

Published Electronically:

October 10, 2013

7045.0160

[Repealed by amendment, 9 SR 115]

Published Electronically:

October 10, 2013

7045.0170

[Repealed by amendment, 9 SR 115]

Published Electronically:

October 10, 2013

7045.0200

[Repealed by amendment, 9 SR 115]

Published Electronically:

October 10, 2013

STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE

7045.0205 APPLICABILITY OF GENERATOR STANDARDS.

Subpart 1.

Applicability to generators.

Parts 7045.0205 to 7045.0325 apply to generators of hazardous waste. A generator shall comply with the generator requirements applicable to generator size as determined under part 7045.0206.

Subp. 2.

Applicability to transporters.

The standards applicable to generators established in parts 7045.0205 to 7045.0325 apply to transporters of hazardous waste if a transporter transports hazardous waste into Minnesota from a foreign country or mixes hazardous waste of different United States Department of Transportation shipping descriptions by placing them into a single container as provided in part 7045.0355.

Subp. 3.

Applicability to owners or operators of hazardous waste facilities.

The standards applicable to generators established in parts 7045.0205 to 7045.0325 apply to owners or operators of hazardous waste treatment, storage, or disposal facilities if a hazardous waste facility initiates a shipment of hazardous waste as provided in parts 7045.0472 and 7045.0578.

Statutory Authority:

MS s 116.07

History:

9 SR 115; 16 SR 2102; 31 SR 1277

Published Electronically:

October 10, 2013

7045.0206 GENERATOR SIZE DETERMINATION.

Subpart 1.

Applicability.

This part applies to all generators for purposes of determining generator size.

Subp. 2.

Large quantity generator.

A large quantity generator is a generator who, in a calendar month, generates 1,000 kilograms of hazardous waste or more.

Subp. 3.

Small quantity generator.

A small quantity generator is a generator who, in a calendar month, generates more than 100 kilograms and less than 1,000 kilograms of hazardous waste.

Subp. 4.

Very small quantity generator.

A very small quantity generator is a generator who, in a calendar month, generates 100 kilograms of hazardous waste or less.

Subp. 4a.

Acute hazardous waste generation and spill cleanup.

A generator of acute hazardous waste is a large quantity generator if, in a calendar month, that person generates:

A.

more than one kilogram of acute hazardous waste; or

B.

more than 100 kilograms of any residue or contaminated soil, water, or other debris resulting from the cleanup of a spill of any acute hazardous waste into or on any land or water.

A generator who generates less than the amounts in items A and B of acute hazardous waste in a calendar month shall determine his or her generator size under subparts 2 to 4. Hazardous waste quantity determinations under subparts 2 to 4 shall include the amount of acute hazardous waste generated.

Subp. 5.

Waste exempt from size determination.

A generator shall not include the following waste when determining the quantity of hazardous waste generated:

A.

exempt waste under part 7045.0120;

B.

recycled waste under part 7045.0125, subparts 4, 5, and 6;

C.

used oil, excluding hazardous waste which has been mixed with used oil under part 7045.0800, that is exempt under part 7045.0125, subpart 3a;

D.

sewered hazardous waste that is pretreated as provided in part 7045.0305, subpart 2;

E.

for mixtures of nonhazardous waste and hazardous waste, waste that is nonhazardous under part 7045.0102, provided that the volume of the hazardous waste before mixing is counted;

F.

spent materials that are generated, reclaimed, and subsequently reused on site, provided that the spent materials have been counted once; and

G.

universal waste managed under part 7045.1400.

Subp. 6.

Change in generator size status.

If a small quantity generator exceeds the quantity limits listed in subpart 3, the generator loses small quantity generator status and is subject to all the generator requirements of this chapter unless the generator regains small quantity generator status under item A or B.

If a very small quantity generator exceeds the quantity limits listed in subpart 4, the generator loses very small quantity generator status and is subject to the small quantity generator requirements of this chapter unless very small quantity generator status is regained under item A or C.

A.

Once generator size status is lost, the generator shall not regain that status until the generator is notified in writing by the commissioner that the original generator size status has been approved. The commissioner shall only approve generator size status under this item if the generator can demonstrate to the satisfaction of the commissioner that the waste quantities that will be generated in the future will meet the limits established in subpart 3 or 4, as applicable. The generator shall make this demonstration by submitting a written statement to the commissioner requesting reclassification as a small or very small quantity generator, as applicable, and including the information necessary for the commissioner to evaluate the request. The information shall include an explanation of the circumstances that resulted in each instance of overgeneration during the past year, an explanation of the measures that the generator has taken to correct the cause of overgeneration, and other information as necessary to document that the overgeneration will not reoccur.

B.

For small quantity generators, if the quantity of hazardous waste generated in any calendar month exceeds the quantities listed in subpart 3 and the cause of the overgeneration is a spill or accidental release of hazardous waste that is not acute hazardous waste; the shutdown or cleanup of some part of the generation process; or the replacement of PCB containing equipment, the generator loses small quantity generator status and is subject to all the generator requirements of this chapter. However, in any of these cases, a generator will automatically regain small quantity generator status without applying to the commissioner for approval if the generator:

(1)

resumes generation within the quantity limits in subpart 3; and

(2)

complies with the quantity limits in subpart 3 during the other 11 months of the calendar year.

A generator who cannot automatically regain small quantity generator status under this subpart may apply for reclassification under item A.

C.

For very small quantity generators, if the quantity of hazardous waste generated in any calendar month exceeds the quantities listed in subpart 4 but does not exceed the quantity listed in subpart 3, the generator loses very small quantity generator status and is subject to the small quantity generator requirements of this chapter. However, a generator shall automatically regain very small quantity generator status without applying to the commissioner for approval if the generator:

(1)

resumes generation within the quantity limits in subpart 4; and

(2)

complies with the quantity limits in subpart 4 during the other 11 months of the calendar year.

A generator who cannot automatically regain very small quantity generator status under this subpart may apply for reclassification under item A.

A very small quantity generator who generates hazardous waste in any calendar month exceeding the quantities listed in subpart 3 is subject to item A or B.

Statutory Authority:

MS s 116.07

History:

16 SR 2102; 18 SR 1565; 20 SR 715; 30 SR 43

Published Electronically:

October 10, 2013

7045.0208 HAZARDOUS WASTE MANAGEMENT.

Subpart 1.

Management by generator.

A generator must manage hazardous waste by using one of the methods described in items A to H, unless otherwise specifically exempted under this chapter.

A.

A generator may treat or dispose of hazardous waste at an on-site facility as provided under part 7045.0211.

B.

A generator may ensure delivery of hazardous waste to an off-site storage, treatment, or disposal facility. If located in the United States, the facility used must be permitted to accept hazardous waste under the agency's permitting procedures, have interim status under parts 7045.0552 to 7045.0649, or be authorized to manage hazardous waste by the Environmental Protection Agency or by a state with a hazardous waste management program authorized by the Environmental Protection Agency.

C.

A generator may ensure delivery of hazardous waste to a facility that under part 7045.0125 beneficially uses or reuses, legitimately recycles, or legitimately reclaims the waste, or treats the waste before beneficial use or reuse, legitimate recycling, or legitimate reclamation.

D.

A generator may export hazardous waste to a foreign country under the limitations in part 7045.0302.

E.

A generator may discharge hazardous waste to a publicly owned treatment works according to the notification requirements, prohibitions, limitations, and other management requirements imposed by the publicly owned treatment works operating authority, by federal statutes and regulations, or by state statutes and rules, providing:

(1)

the wastes being discharged are compatible with all piping and appurtenances which would receive the waste and conduct it to the publicly owned treatment works treatment plant; and

(2)

no piping and appurtenances owned or utilized by the generator, and leading to the public sewers, will release the discharged waste to the environment.

F.

A generator may ensure delivery of hazardous waste to a very small quantity generator collection program operated under part 7045.0320.

G.

A generator of universal waste may ensure delivery of universal waste to a universal waste handler or destination facility under part 7045.1400.

H.

A generator may ensure delivery of PCB waste to a commercial storer of PCB waste, as defined in part 7045.0135, subpart 5.

Subp. 1a.

Abandonment.

A generator must not dispose of or abandon hazardous waste or arrange for the disposal of hazardous waste at a location other than as provided under subpart 1.

Subp. 2.

Relinquishing control.

A generator must not relinquish control of a hazardous waste if:

A.

the generator has reason to believe that the hazardous waste will not be properly managed;

B.

the transporter or the treatment, storage, or disposal facility is not exempt under this chapter and has not received an identification number; or

C.

the transporter is not currently licensed or permitted by the Minnesota Department of Transportation as a hazardous waste transporter, except as exempted in part 7045.0120.

Subp. 3.

Effect on liability.

Nothing in subparts 1 and 2 is intended to restrict, enlarge, or affect, in any way, any liability the generator may have to correct the mismanagement of the hazardous waste or pay for damages or alleviate any pollution caused by the mismanagement of the hazardous waste.

Subp. 4.

Land disposal.

Hazardous wastes are subject to the requirements of part 7045.1390.

Statutory Authority:

MS s 116.07

History:

16 SR 2102; 18 SR 1565; 20 SR 715; 22 SR 5; 30 SR 43; 33 SR 2042

Published Electronically:

October 10, 2013

7045.0210 FINANCIAL RESPONSIBILITY OF HAZARDOUS WASTE GENERATORS.

No person shall produce a hazardous waste within the state of Minnesota or produce a hazardous waste outside the state of Minnesota that is transported to a hazardous waste facility within the state of Minnesota unless that person has adequate financial resources to insure that the hazardous waste is disposed of, treated, or processed at a hazardous waste facility permitted to manage such waste. Nothing in this provision is intended to restrict or enlarge or affect in any way, any liability the generator may have to correct the mismanagement of the hazardous waste or pay for damages or alleviate any pollution caused by the mismanagement of the hazardous waste.

Statutory Authority:

MS s 116.07

History:

9 SR 115

Published Electronically:

October 10, 2013

7045.0211 REQUIREMENTS FOR GENERATORS WITH ON-SITE FACILITIES.

Subpart 1.

Waste procedures.

A generator who treats, stores, or disposes of a hazardous waste on site which has been produced on site must comply with this chapter and chapter 7001, as applicable.

Subp. 2.

[Repealed, 16 SR 2102]

Subp. 3.

[Repealed, 16 SR 2102]

Statutory Authority:

MS s 14.07; 116.07

History:

9 SR 115; 16 SR 2102

Published Electronically:

October 10, 2013

7045.0212 TRANSFRONTIER SHIPMENTS.

A.

Any person who exports or imports hazardous waste subject to the manifesting requirements of parts 7045.0261 to 7045.0265 or the universal waste management standards of part 7045.1400 to or from countries listed in Code of Federal Regulations, title 40, section 262.58(a)(1), for recovery must comply with part 7045.0322.

B.

Any person who imports hazardous waste into the state of Minnesota from a source outside the United States must comply with the standards applicable to generators established in parts 7045.0205 to 7045.0325.

Statutory Authority:

MS s 116.07

History:

9 SR 115; 16 SR 2102; 31 SR 1277

Published Electronically:

October 10, 2013

7045.0213 FARMERS; PESTICIDES.

Subpart 1.

General applicability.

A farmer who generates waste pesticides which are hazardous waste must comply with the standards applicable to generators established in parts 7045.0205 to 7045.0325 except as provided in subpart 2.

Subp. 2.

Special conditions.

A farmer who generates waste pesticides which are hazardous waste and who triple rinses each emptied pesticide container and disposes of the pesticide residues on the farmer's farm in a manner consistent with the disposal instructions on the pesticide label is not required with respect to those pesticides to comply with other standards in parts 7045.0205 to 7045.0320 or to comply with parts 7045.0450 to 7045.1390, or to obtain a hazardous waste facility permit, provided that:

A.

the container or inner liner has been triple rinsed using a solvent capable of removing the commercial chemical product or manufacturing chemical intermediate;

B.

the container or inner liner has been cleaned by another method that has been shown in the scientific literature, or by tests conducted by the generator, to achieve equivalent removal; or

C.

in the case of a container, the inner liner that prevented contact of the commercial chemical product or manufacturing chemical intermediate with the container has been removed.

Statutory Authority:

MS s 116.07; 116.37

History:

9 SR 115; 15 SR 1515; 16 SR 2102; 31 SR 1277; 33 SR 2042

Published Electronically:

October 10, 2013

7045.0214 EVALUATION OF WASTES.

Subpart 1.

General requirement.

Any person who produces a waste within the state of Minnesota or any person who produces a waste outside the state of Minnesota that is managed within the state of Minnesota, must evaluate the waste to determine if it is hazardous within 60 days of initially generating the waste. The generation start date must be recorded and available for inspection. Waste that is not evaluated within 60 days of the generation start date must be managed as a hazardous waste and the person who produces the waste must be considered a generator until the waste is determined to be nonhazardous under parts 7045.0214 to 7045.0218. A material is determined to be a waste in accordance with the conditions specified under the definition of other waste material in part 7045.0020. Any waste evaluated and exempted under part 7045.0075 or 7045.0120 does not need to be reevaluated under this part. If the waste is determined to be hazardous, the generator must refer to parts 7045.0075, 7045.0450 to 7045.0990, 7045.1390, and 7045.1400 for possible exclusions or restrictions relating to management of the specific waste.

Subp. 2.

Method for evaluation.

The person evaluating the waste must determine if the waste meets any of the following criteria for a hazardous waste:

A.

the waste is listed in part 7045.0135; or

B.

if the waste is not listed in part 7045.0135, the person must then determine whether the waste is identified in part 7045.0131 by either:

(1)

testing the waste according to the methods in part 7045.0131 or according to an equivalent method approved by the commissioner pursuant to part 7045.0075, subpart 1; or

(2)

applying knowledge of the hazard characteristics of the waste in light of the materials or the processes used.

Subp. 3.

Wastes generated by treatment, storage, or disposal.

Wastes generated by treatment, storage, or disposal of hazardous waste are as follows:

A.

Except as provided in items B to E, or in part 7045.0102, any waste generated from the treatment, storage, or disposal of hazardous waste, including any sludge, spill residue, ash, emission control dust or leachate, but not including precipitation runoff, is a hazardous waste if it meets the criteria of subpart 2 or if it is derived from a waste that is listed in part 7045.0135.

B.

Waste pickle liquor sludge generated by lime stabilization of spent pickle liquor from iron and steel industry facilities which are classified as number 331 or 332 facilities under the Office of Management and Budget Standard Industrial Classification Manual, is not a hazardous waste unless it exhibits one or more characteristics of hazardous waste under part 7045.0131.

C.

Materials that have been reclaimed from hazardous wastes and from wastes that have been reclaimed that are beneficially used are not hazardous wastes unless the reclaimed material is used in a manner constituting disposal under part 7045.0665 or burned for energy recovery under part 7045.0692.

D.

Wastes from burning any of the materials exempted from regulation by part 7045.0125, subpart 4, items D to J, are not hazardous wastes.

E.

Nonwastewater residues, such as slag, resulting from high temperature metals recovery (HTMR) processing of K061, K062, or F006 waste, in units identified as rotary kilns, flame reactors, electric furnaces, plasma arc furnaces, slag reactors, rotary hearth furnace/electric furnace combinations, or industrial furnaces that are blast furnaces or smelting, melting, and refining furnaces, including pyrometallurgical devices, such as cupolas, reverberator furnaces, sintering machines, roasters, or foundry furnaces, or that are other devices that the commissioner determines qualify for inclusion as an industrial furnace under part 7045.0020, subpart 43b, that are disposed in solid waste disposal units, provided that these residues meet the generic exclusion levels identified in the tables in this item for all constituents, and exhibit no characteristics of hazardous waste. Testing requirements must be incorporated in a facility's waste analysis plan or a generator's self-implementing waste analysis plan. At a minimum, composite samples of residues must be collected and analyzed quarterly and/or when the process or operation generating the waste changes. Persons claiming this exclusion in an enforcement action have the burden of proving by clear and convincing evidence that the material meets all of the exclusion requirements.

The generic exclusion levels for K061 and K062 nonwastewater HTMR residues are as follows:

Constituent Maximum for any single
composite sample (mg/l)
Antimony 0.10
Arsenic 0.50
Barium 7.6
Beryllium 0.010
Cadmium 0.050
Chromium (total) 0.33
Lead 0.15
Mercury 0.009
Nickel 1.0
Selenium 0.16
Silver 0.30
Thallium 0.020
Zinc 70

The generic exclusion levels for F006 nonwastewater HTMR residues are as follows:

Constituent Maximum for any single
composite sample (mg/l)
Antimony 0.10
Arsenic 0.50
Barium 7.6
Beryllium 0.010
Cadmium 0.050
Chromium (total) 0.33
Cyanide (total) 1.8 (mg/kg)
Lead 0.15
Mercury 0.009
Nickel 1.0
Selenium 0.16
Silver 0.30
Thallium 0.020
Zinc 70

For K061, K062, or F006 HTMR residues sent to solid waste disposal units, the treatment facility must prepare and send to the commissioner a onetime notification and certification certifying that the residues meet the generic exclusion levels for all constituents and do not exhibit any characteristics of hazardous waste. The notification and certification must also be kept in the facility's files. The notification and certification must be updated if the process or operation generating the waste changes or if the solid waste disposal unit receiving the waste changes. However, the treatment facility need only notify the commissioner on an annual basis if these changes occur. The notification and certification must be sent to the commissioner no later than December 31. The notification and certification must include the following information:

(1)

the name and address of the solid waste disposal unit receiving the waste shipments;

(2)

the EPA hazardous waste numbers and treatability groups at the initial point of generation; and

(3)

the treatment standards applicable to the waste at the initial point of generation.

The certification must be signed by an authorized representative of the treatment facility and must state as follows: "I certify under penalty of law that the generic exclusion levels for all constituents have been met without impermissible dilution and that no characteristic of hazardous waste is exhibited. I am aware that there are significant penalties for submitting a false certification, including the possibility of fine and imprisonment."

Statutory Authority:

MS s 115.03; 116.07; 116.37

History:

9 SR 115; 10 SR 70; 10 SR 1688; 11 SR 1832; L 1987 c 186 s 15; 13 SR 1238; 14 SR 1718; 16 SR 2239; 18 SR 1565; 18 SR 1886; 22 SR 5; 30 SR 43; 33 SR 2042

Published Electronically:

October 10, 2013

7045.0215 TIMING OF WASTE EVALUATION.

Subpart 1.

Individual wastes; combined wastes.

Waste evaluation must be of the individual waste prior to any mingling or combining with other wastes. If wastes are subsequently mingled or combined, except for wastes that are mingled or combined in a sewer system, the generator must also evaluate the waste resulting from the mingling or combining within 60 days of the act of mingling or combining. Failure to do so means that the commingled or mixed waste must be managed as a hazardous waste and the person who produces the waste must be considered a generator until the waste is determined to be nonhazardous under parts 7045.0214 to 7045.0218.

Subp. 2.

Reevaluations.

The person must reevaluate the waste whenever the person has reason to believe that the composition of the waste is altered so that the results of the previous evaluation are no longer representative of the waste.

Subp. 3.

Representative evaluations.

A person who produces two or more wastes that are substantively identical or are from substantively identical processes, such that one waste is representative of the other wastes, may use one evaluation for all such wastes.

Statutory Authority:

MS s 116.07

History:

9 SR 115; 18 SR 1565

Published Electronically:

October 10, 2013

7045.0216 EVALUATION REPORTS TO THE COMMISSIONER.

Subpart 1.

Necessary information.

The commissioner may request at any time that a person producing a waste submit the results of the evaluation of the waste. The person must submit the following information as requested by the commissioner:

A.

The type of waste and the source or process from which it was produced.

B.

The chemical composition of the waste and the anticipated fluctuations in its chemical composition.

C.

The concentration of each component listed in part 7045.0131, subpart 8 found in the leachate of the waste. The person evaluating the waste may submit soft data in lieu of testing the waste if the data is sufficient to demonstrate whether the waste is hazardous or nonhazardous due to the toxicity characteristic.

D.

The results of the evaluation to determine whether the waste has any characteristics listed in part 7045.0131.

E.

If any tests were conducted to evaluate the waste, the person must submit the results of all tests conducted.

Subp. 2.

Consequences of failure to report.

If the person who is requested by the commissioner to submit the results of an evaluation of a waste fails to submit the required information within 30 days after the request, the waste must be managed as a hazardous waste, and the person who produces the waste must be considered a generator until the commissioner has determined whether the waste is hazardous or not.

Statutory Authority:

MS s 116.07

History:

9 SR 115; L 1987 c 186 s 15; 15 SR 1878

Published Electronically:

October 10, 2013

7045.0217 ADDITIONAL EVALUATIONS ORDERED BY THE COMMISSIONER.

If the commissioner determines that the results of the evaluation are not adequate to determine whether the waste is hazardous, the commissioner may require the person to conduct an additional evaluation. The commissioner shall notify the person in writing of such determination, the reasons therefor, and the additional tests that must be run or additional data that must be obtained. If the results of the additional evaluation are not reported to the commissioner within 30 days of the request, the waste must be managed as a hazardous waste and the person who produces the waste must be considered a generator until the commissioner has determined whether the waste is hazardous or not. The commissioner may grant additional time for evaluation when the person demonstrates that an extension is necessary.

Statutory Authority:

MS s 116.07

History:

9 SR 115; L 1987 c 186 s 15

Published Electronically:

October 10, 2013

7045.0218 CLASSIFICATION OF WASTES AS HAZARDOUS BY THE AGENCY.

If the commissioner recommends to the agency that a specific generator's waste be classified as a hazardous waste pursuant to part 7045.0129, subpart 4, the commissioner shall notify the person producing the waste in writing of the recommendation and the person shall have at least 30 days to submit any additional material or written comments to the agency before the agency makes a determination. The agency shall notify the person in writing of its decision. The agency shall hold a contested case hearing pursuant to Minnesota Statutes, chapter 14 upon request of the person producing the waste. The waste must be managed as a hazardous waste and the person who produces the waste must be considered a hazardous waste generator until the agency has determined whether the waste is hazardous or until six months after the date of the commissioner's recommendation whichever occurs first; provided, however, that the person shall not be required to obtain a hazardous waste facility permit for storage of the waste on-site during this time. Any recommendation by the commissioner shall be considered on an expeditious basis.

Statutory Authority:

MS s 116.07

History:

9 SR 115; L 1987 c 186 s 15

Published Electronically:

October 10, 2013

7045.0219

[Repealed, 16 SR 2102]

Published Electronically:

October 10, 2013

7045.0220

[Repealed, 16 SR 2102]

Published Electronically:

October 10, 2013

7045.0221 IDENTIFICATION NUMBER.

Within 75 days after first generating hazardous waste, prior to any transportation, treatment, storage, or disposal of any hazardous waste, and prior to applying for a license under part 7045.0240, a generator must apply for an identification number on forms provided by the commissioner.

Statutory Authority:

MS s 116.07

History:

9 SR 115; L 1987 c 186 s 15; 22 SR 5

Published Electronically:

October 10, 2013

7045.0225 GENERATOR LICENSE.

Subpart 1.

Applicability.

A person who generates hazardous waste must obtain a hazardous waste generator license for each individual generation site. The procedures for application and issuance are described in parts 7045.0225 to 7045.0250. The fees associated with the license are set forth in parts 7046.0031 to 7046.0070.

Subp. 2.

Posting.

A generator must prominently display the hazardous waste generator license in a public area at the licensed site.

Statutory Authority:

MS s 116.07

History:

16 SR 2102

Published Electronically:

October 10, 2013

7045.0230 CONTENT OF INITIAL LICENSE APPLICATION.

Subpart 1.

Information required.

Except as provided in subpart 1a, an application must be on a form provided by the commissioner and must include the following information:

A.

the generator's company name, location address, mailing address, type of business, principal products or service, contact person, telephone number, and identification number or date applied for;

B.

a list of all hazardous wastes generated, their corresponding hazardous waste numbers from parts 7045.0131 and 7045.0135, and the physical state, and the source or process from which the wastes are generated;

C.

a list of all used oils generated, the physical state, and the source or process from which the waste was produced;

D.

a management plan for each hazardous waste and used oil produced that includes the following information:

(1)

the amounts produced in the previous calendar year;

(2)

the name and identification number of the most frequently used transporter;

(3)

the names and identification numbers of the designated facilities involved in the management of the hazardous waste;

(4)

the methods of management, on and off-site, proposed for each hazardous waste; and

(5)

the year each hazardous waste was first produced;

E.

the following certification signed by the generator or authorized representative:

"I certify under penalty of law that I have personally examined and am familiar with the information submitted in this and all attached documents, and that based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the submitted information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment."; and

F.

any additional information regarding the generator or the waste produced and managed by the generator which is necessary to a decision on the application and which has been requested by the commissioner.

Subp. 1a.

Very small quantity generator license application.

An application for a very small quantity generator license must be on a form provided by the commissioner and must include the following information:

A.

the generator's company name, location address, mailing address, type of business, contact person, telephone number, and identification number;

B.

the date each hazardous waste was first produced;

C.

the name or a description of each hazardous waste generated;

D.

the estimated amount of each hazardous waste to be produced in a one year period;

E.

the methods of treatment and/or disposal;

F.

the certification required under subpart 1, item E; and

G.

additional information required under subpart 1 as requested by the commissioner.

Subp. 2.

[Repealed by amendment, 9 SR 115]

Subp. 3.

[Repealed, 16 SR 2102]

Subp. 4.

[Repealed, 22 SR 5]

Statutory Authority:

MS s 116.07

History:

9 SR 115; L 1987 c 186 s 15; 15 SR 1878; 16 SR 2102; 18 SR 1565; 18 SR 2195; 22 SR 5

Published Electronically:

October 10, 2013

7045.0235

[Repealed, 16 SR 2102]

Published Electronically:

October 10, 2013

7045.0240 SUBMITTAL OF LICENSE APPLICATION.

Subpart 1.

[Repealed, 16 SR 2102]

Subp. 2.

[Repealed, 16 SR 2102]

Subp. 3.

License application submittal.

Each generator who is producing hazardous waste in Minnesota must submit a license application to the commissioner by the due date specified by the commissioner. The specified due date shall be within one year of the generator's application for an identification number under part 7045.0221. The generator must at all times manage the waste in full compliance with parts 7045.0205 to 7045.0325. After the commissioner acts on the license application, the generator must manage the waste according to the license conditions and the requirements of this chapter or the generator must cease producing the waste if the license application is denied.

Subp. 4.

Prohibition on generation.

A generator who is denied a generator license or who fails to submit a timely application for a generator license shall immediately stop generating the hazardous waste until a license is obtained.

Statutory Authority:

MS s 116.07

History:

9 SR 115; L 1987 c 186 s 15; 16 SR 2102; 18 SR 1565; 22 SR 5; 31 SR 1277

Published Electronically:

October 10, 2013

7045.0243 TERM AND CONDITIONS OF LICENSE.

Subpart 1.

Term of license.

A hazardous waste generator license is issued for a term to be determined by the commissioner. The term of a license shall not exceed two years.

Subp. 2.

Special conditions.

Each license will contain or reference conditions necessary for the licensee to achieve compliance with applicable Minnesota or federal statutes or rules, including each of the applicable requirements in parts 7045.0205 to 7045.0325, and any conditions that the commissioner determines and shows with reasonable justification to be necessary to protect human health and the environment.

Subp. 3.

General conditions.

Each license must include the general conditions described in items A to J and the commissioner shall incorporate these conditions into all licenses either expressly or by specific reference to this part. Licensees must comply with all conditions of the license at all times.

A.

The commissioner's issuance of a license does not release the licensee from any liability, penalty, or duty imposed by Minnesota or federal statutes or rules or local ordinances, except the obligation to obtain the license.

B.

The commissioner's issuance of a license does not prevent the future adoption by the agency of pollution control rules, standards, or orders more stringent than those now in existence and does not prevent the enforcement of this chapter, standards, or orders against the licensee.

C.

The commissioner's issuance of a license does not obligate the agency to enforce local laws, rules, or plans beyond that authorized by Minnesota Statutes.

D.

The licensee may not knowingly make a false or misleading statement, representation, or certification in a record, report, or other document required to be submitted to the agency or to the commissioner by the license or this chapter. The licensee must immediately upon discovery report to the commissioner an error or omission in these records, reports, or other documents.

E.

When authorized by Minnesota Statutes, sections 115.04; 115B.17, subdivision 4; and 116.091, and upon presentation of proper credentials, the agency, or an authorized employee or agent of the agency, shall be allowed by the licensee to enter at reasonable times upon the licensed property of the licensee to examine and copy books, papers, records, or memoranda pertaining to the activity covered by the license; and to conduct surveys and investigations, including sampling or monitoring, pertaining to the activity covered by the license.

F.

If the licensee discovers, through any means, including notification by the commissioner, that noncompliance with a condition of the license has occurred, the licensee shall take all reasonable steps to minimize the adverse impacts on human health, public drinking water supplies, or the environment resulting from the noncompliance.

G.

If the licensee begins generation of a hazardous waste that was not included on the license application and is therefore not authorized under the existing license, the licensee must submit an amended application providing information required in part 7045.0230 within 75 days of first producing the new hazardous waste. The generator must at all times manage the new waste in full compliance with parts 7045.0205 to 7045.0325. The generator must not treat, dispose of, or relinquish control of the new waste until at least 15 days after the amended license application is received by the commissioner. The date of receipt is the postmark date if mailed or the agency date of receipt if hand delivered. In the period between 15 days after receipt and the commissioner's action under part 7045.0245, the generator may treat, dispose of, and relinquish control of the new waste as provided in part 7045.0208 until written response to the generator's amended license application is received under part 7045.0245. After the commissioner acts on the amended license application, the generator must manage the new waste according to the amended license conditions and the requirements of this chapter or the generator must cease producing the new waste if the amended license application is denied.

H.

If the licensee changes management of a hazardous waste during the term of the license, the licensee must report the change in the next license renewal application required under part 7045.0248.

I.

The license is not transferable. If the owner or operator to whom the license has been issued changes, the new owner or operator must apply for a new license not later than 30 days after the change.

J.

The license authorizes the licensee to perform the activities described in or referenced by the license under the conditions of the license. In issuing the license, the state and agency assume no responsibility for damage to persons, property, or the environment caused by the activities of the licensee in the conduct of its actions, including those activities authorized under the license. To the extent the state and agency may be liable for the activities of its employees, that liability is explicitly limited to that provided in the Tort Claims Act, Minnesota Statutes, section 3.736.

Statutory Authority:

MS s 116.07

History:

16 SR 2102; 18 SR 1565; 20 SR 715; 31 SR 1277

Published Electronically:

October 10, 2013

7045.0245 LICENSE APPROVAL AND ISSUANCE.

Subpart 1.

Review and approval.

The commissioner shall conduct a review of the license application and shall:

A.

approve the hazardous waste generator license application;

B.

require the submission of additional information or management plans or both to make the license application complete and approvable;

C.

require changes in the management of the hazardous waste or wastes to make the license application approvable; or

D.

deny the license.

Subp. 2.

License issuance.

The commissioner will issue a hazardous waste generator license upon approval of the application under subpart 1 and payment in full of generator fees required under chapter 7046.

Statutory Authority:

MS s 116.07

History:

9 SR 115; L 1987 c 186 s 15; 16 SR 2102

Published Electronically:

October 10, 2013

7045.0247 LICENSE RENEWAL AND CONTINUATION OF EXPIRED LICENSE.

Subpart 1.

License renewal.

The commissioner will renew the license after receipt, review, and approval of the license renewal application required under part 7045.0248 and payment in full of generator fees required under chapter 7046.

Subp. 2.

Continuation of expired license.

A generator who holds an expired license may continue to conduct the licensed activity according to the terms and conditions of the expired license until the commissioner takes final action on the renewal application if the commissioner determines that items A to D are true.

A.

The licensee has submitted the application required under part 7045.0248 no later than 30 days after receipt of license renewal application.

B.

The licensee responds to requests by the commissioner for additional application information within 14 days of receiving the written request.

C.

The licensee is in compliance with the terms and conditions of the expired license.

D.

The licensee has made payment in full of generator fees required under chapter 7046.

Statutory Authority:

MS s 116.07

History:

16 SR 2102

Published Electronically:

October 10, 2013

7045.0248 LICENSE RENEWAL APPLICATION.

Subpart 1.

Applicability.

A licensed generator must submit a license renewal application to the commissioner on forms provided by the commissioner. A generator must submit the application by a date specified by the commissioner. The application must contain the following information for each hazardous waste produced during the preceding calendar year:

A.

any changes to information submitted under part 7045.0230, subpart 1, items A to F;

B.

for large quantity generators, by March 1 of every even-numbered year, the information required for the biennial report required by the EPA under Code of Federal Regulations, title 40, section 262.41;

C.

any additional information requested by the commissioner regarding the generator or the waste produced and managed by the generator and which is necessary to a decision on the application; and

D.

the following certification signed by the generator or authorized representative:

"I certify under penalty of law that I have personally examined and am familiar with the information submitted in this and all attached documents, and that based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the submitted information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment."

Subp. 2.

[Repealed, 22 SR 5]

Subp. 3.

Recycled waste.

A generator of waste that is recycled according to part 7045.0125, and is exempt from the requirements of parts 7045.0261 and 7045.0265, must include as part of the application required under subpart 1 or 2:

A.

evidence that the waste was recycled; and

B.

evidence that a continuing market exists for the waste.

Subp. 4.

Exported waste.

Reporting for exports of hazardous waste is not required under this part. Export reporting requirements are set out in part 7045.0302, subpart 6.

Subp. 5.

Approval of application.

License renewal applications shall be subject to the commissioner's review and approval procedures under part 7045.0245, subpart 1.

Statutory Authority:

MS s 116.07

History:

16 SR 2102; 18 SR 1565; 22 SR 5

Published Electronically:

October 10, 2013

7045.0249

[Repealed, 16 SR 2102]

Published Electronically:

October 10, 2013

7045.0250

[Repealed by amendment, 9 SR 115]

7045.0250 LICENSE REVOCATION.

Subpart 1.

Justification to revoke.

Any one of the following constitutes justification for the commissioner to revoke a license:

A.

existence at the licensed site of unresolved noncompliance with applicable state and federal pollution statutes or rules or a condition of the license, and failure of the licensee to undertake a schedule of compliance to resolve the noncompliance;

B.

licensee failure to disclose fully the facts relevant to issuance of the license or submittal of false or misleading information to the commissioner; or

C.

licensee failure to pay or escrow a penalty owed under Minnesota Statutes, section 116.072.

Subp. 2.

Procedure.

The commissioner must give a written 30-day notice to the licensee of the commissioner's intent to revoke the hazardous waste generator license. Included in the notice must be specific justification for the revocation as described under subpart 1.

Subp. 3.

Reinstatement.

The licensee may apply to the commissioner for license reinstatement by providing written documentation that the justifications for revocation have been remedied. The commissioner will review the request within 30 calendar days and deny or approve the request in writing. A reinstatement is for the remaining term of the license. Generator fees under chapter 7046 will not be refunded for the period that the license is revoked nor will the fees be credited towards a subsequent fee cycle.

Subp. 4.

Revocation without reissuance.

The commissioner shall give notice to the licensee of a proposal to revoke a license without reissuance. The notice must state that within 30 days of the receipt of the notice the licensee may request that a contested case hearing be held on the proposed action. If the licensee requests a contested case hearing, the agency shall hold the hearing in accordance with the rules of the Office of Administrative Hearings, parts 1400.5100 to 1400.8401.

Statutory Authority:

MS s 116.07

History:

16 SR 2102; 18 SR 1565

Published Electronically:

October 10, 2013

7045.0255 ONETIME DISPOSAL REQUIREMENTS.

A person having hazardous waste subject to regulation under this chapter who is only a hazardous waste generator for the onetime disposal of hazardous waste which is not currently being produced, must comply with this chapter except as provided in items A to D. The exemptions in this part do not apply to generators that generate hazardous waste more than one time.

A.

The generator is exempt from parts 7045.0225 to 7045.0250, license and license reporting.

B.

A large quantity generator is exempt from part 7045.0292, subpart 1, but must instead comply with part 7045.0292, subpart 5, items A to F, and must meet the requirements of part 7045.0566, relating to preparedness and prevention, and Code of Federal Regulations, title 40, section 268.7(a)(5), as incorporated in part 7045.1390, relating to waste analysis for restricted wastes.

C.

A small quantity generator is exempt from the requirements of part 7045.0292, subpart 5, items G and H, but instead must meet the requirements of part 7045.0566, relating to preparedness and prevention, and Code of Federal Regulations, title 40, section 268.7(a)(5), as incorporated in part 7045.1390, relating to waste analysis for restricted wastes.

D.

A very small quantity generator is exempt from part 7045.0292, subpart 6, but instead must comply with part 7045.0292, subpart 5, items A to F, and must meet the requirements of part 7045.0566, relating to preparedness and prevention, and Code of Federal Regulations, title 40, section 268.7(a)(5), as incorporated in part 7045.1390, relating to waste analysis for restricted wastes.

Statutory Authority:

MS s 116.07

History:

9 SR 115; L 1987 c 186 s 15; 14 SR 2248; 16 SR 2102; 22 SR 5; 33 SR 2042

Published Electronically:

October 10, 2013

7045.0260

[Repealed by amendment, 9 SR 115]

Published Electronically:

October 10, 2013

7045.0261 MANIFEST DOCUMENT; GENERAL REQUIREMENTS.

Subpart 1.

When required.

Except as exempted in subpart 1a, a generator who transports or offers for transportation hazardous waste for off-site treatment, storage, or disposal or the owner or operator of a treatment, storage, and disposal facility who offers for transport a rejected hazardous waste load, must prepare a manifest (OMB Control number 2050-0039) on EPA Form 8700-22 and, if necessary, EPA Form 8700-22A, before transporting the waste off-site. Generators shall complete the manifest in accordance with subpart 6 and the instructions included in the appendix to Code of Federal Regulations, title 40, part 262, as adopted by reference in part 7045.0325.

Subp. 1a.

Exemptions.

A generator may transport hazardous waste without a manifest under the following conditions:

A.

A very small quantity generator may transport the generator's own hazardous waste without a manifest if transportation is via the generator's own vehicle and if that transportation is to a very small quantity generator hazardous waste collection program under part 7045.0320.

B.

A small quantity or a very small quantity generator may use an alternate manifest system as provided under part 7045.0075, subpart 5.

C.

Feedstock and by-products being managed according to part 7045.0125, subparts 5 and 6, may be transported without a manifest.

D.

Universal waste being managed by a handler according to part 7045.1400 may be transported without a manifest.

E.

Waste being transported on-site as described in part 7045.0351, subpart 2, item A, may be transported without a manifest.

F.

Spent lead-acid batteries being managed according to part 7045.0685 may be transported without a manifest.

Subp. 2.

Designation of facility.

A generator must designate on the manifest one facility which is permitted to handle the waste described on the manifest.

Subp. 3.

Alternate facility.

A generator may also designate on the manifest one alternate facility which meets the requirements of subpart 2 in the event an emergency prevents delivery of the waste to the primary designated facility.

Subp. 4.

Unable to deliver.

If the transporter is unable to deliver the hazardous waste to the designated facility or the alternate facility, the generator must either designate another facility or instruct the transporter to return the waste.

Subp. 5.

[Repealed, 31 SR 1277]

Subp. 6.

Specific Minnesota hazardous wastes.

A.

If a generator located in the state of Minnesota produces a waste classified as hazardous in Minnesota which is not classified as hazardous in the state where the receiving facility is located, the generator must ensure that the facility is permitted to accept and manage the waste by the appropriate state agency.

B.

If a waste is classified as hazardous in Minnesota and is assigned a Minnesota waste code, the Minnesota waste codes must be identified on the manifest in item 13.

Subp. 7.

Manifest information.

Manifest information requirements include those required by United States Department of Transportation and United States Environmental Protection Agency regulations and consist of the numbered items on the manifest set forth in the Appendix to Code of Federal Regulations, title 40, part 262, as amended, and adopted by reference in part 7045.0325.

Subp. 8.

Availability of manifests.

Manifests are available from any source that is registered with the United States Environmental Protection Agency as a supplier of manifests.

Subp. 9.

[Repealed, 31 SR 1277]

Subp. 10.

Continuation sheets.

A generator shall use a continuation sheet to the manifest if:

A.

more than two transporters are to be used to transport the waste; or

B.

more space is required for the United States Department of Transportation description and related information in item 9 of United States EPA form 8700-22. Only EPA Form 8700-22A may be used and it must be completed and copies distributed in accordance with parts 7045.0265 and 7045.0325. A generator using a continuation sheet shall attach the sheet to the manifest.

Statutory Authority:

MS s 116.07

History:

9 SR 115; 9 SR 2118; 11 SR 1832; 11 SR 1950; L 1987 c 186 s 15; 16 SR 2102; 18 SR 1565; 20 SR 715; 31 SR 1277

Published Electronically:

October 10, 2013

7045.0262 WASTE MINIMIZATION CERTIFICATION.

The requirements of Code of Federal Regulations, title 40, section 262.27, as amended, are incorporated by reference to apply to large and small quantity generators making a waste minimization certification on their hazardous waste manifests.

Statutory Authority:

MS s 116.07

History:

31 SR 1277

Published Electronically:

October 10, 2013

7045.0265 USE OF MANIFEST.

Subpart 1.

General requirements.

The generator must:

A.

sign the manifest certification by hand;

B.

obtain the handwritten signature of the initial transporter and the date of acceptance on the manifest;

C.

retain one copy, in accordance with part 7045.0294, subpart 1;

D.

send one copy of the manifest with the signatures of the generator and transporter and the date of waste acceptance to the commissioner within five working days of the initial transporter's acceptance of the hazardous waste shipment. Copies to be sent to the commissioner must be sent to the Minnesota Pollution Control Agency, 520 Lafayette Road, Saint Paul, Minnesota 55155-4194, Attention: HWIMS. A very small quantity generator who ships waste from a site in Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, or Washington County must, in lieu of sending a copy of the manifest to the commissioner, send a copy of the manifest, with the signatures of the generator and the transporter and the date of waste acceptance, to the address provided in the conditions for the generator's hazardous waste license issued by the county. The copy of the manifest must be sent within five working days of the initial transporter's acceptance of the hazardous waste shipment; and

E.

give the transporter the remaining copies of the manifest except as provided in subparts 2 and 3.

Subp. 2.

Shipments by water.

For bulk shipments of hazardous waste within the United States solely by water the generator must:

A.

send three copies of the manifest dated and signed in accordance with subpart 1 to the owner or operator of the designated facility, or the last bulk shipment water transporter to handle the waste in the United States if exported by water; and

B.

send one copy of the manifest with the signatures of the generator and transporter and the date of waste acceptance to the commissioner within five working days of the initial transporter's acceptance of the hazardous waste shipment. Copies to be sent to the commissioner must be sent to the Minnesota Pollution Control Agency, 520 Lafayette Road, Saint Paul, Minnesota 55155-4194, Attention: HWIMS. A very small quantity generator who ships waste from a site in Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, or Washington County must, in lieu of sending a copy of the manifest to the commissioner, send a copy of the manifest, with the signatures of the generator and the transporter and the date of waste acceptance, to the address provided in the conditions for the generator's hazardous waste license issued by the county. The copy of the manifest must be sent within five working days of the initial transporter's acceptance of the hazardous waste shipment.

Subp. 3.

Shipments by rail.

For a rail shipment of hazardous waste within the United States which originates at the site of generation, the generator must:

A.

send at least three copies of the manifest dated and signed in accordance with subpart 1 to:

(1)

the next nonrail transporter, if any;

(2)

the designated facility if transported solely by rail; or

(3)

the last rail transporter to handle the waste in the United States if exported by rail; and

B.

send one copy of the manifest with the signatures of the generator and transporter and the date of waste acceptance to the commissioner within five working days of the initial transporter's acceptance of the hazardous waste shipment. Copies to be sent to the commissioner must be sent to the Minnesota Pollution Control Agency, 520 Lafayette Road, Saint Paul, Minnesota 55155-4194, Attention: HWIMS. A very small quantity generator who ships waste from a site in Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, or Washington County must, in lieu of sending a copy of the manifest to the commissioner, send a copy of the manifest, with the signatures of the generator and the transporter and the date of waste acceptance, to the address provided in the conditions for the generator's hazardous waste license issued by the county. The copy of the manifest must be sent within five working days of the initial transporter's acceptance of the hazardous waste shipment.

Subp. 4.

Notification of facility receipt.

When a shipment of hazardous waste is delivered to a hazardous waste facility, the generator must ensure that:

A.

the copy of the hazardous waste manifest signed by the facility operator and sent to the generator under part 7045.0474 or 7045.0580, is also sent to the commissioner within 40 days of the acceptance of the hazardous waste by the hazardous waste facility. Copies to be sent to the commissioner must be sent to the Minnesota Pollution Control Agency, 520 Lafayette Road, Saint Paul, Minnesota 55155-4194, Attention: HWIMS. A very small quantity generator who ships from a site in Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, or Washington County must, in lieu of ensuring that a copy of the manifest signed by the facility operator is sent to the commissioner, ensure that a copy of the manifest signed by the facility operator is sent to the address provided in the conditions for the generator's hazardous waste license issued by the county. The generator must send a copy of the manifest signed by the facility operator within 40 days of the acceptance of the hazardous waste by the hazardous waste facility; and

B.

for shipments of a hazardous waste to a designated facility in a United States Environmental Protection Agency authorized state which has not yet obtained authorization to regulate that particular waste as hazardous, the designated facility agrees to sign the manifest and return the manifest to the generator, and that any out-of-state transporter signs and forwards the manifest to the designated facility.

Subp. 5.

Commissioner's request for manifest.

Upon the request of the commissioner any generator must submit the original or a copy of the hazardous waste manifest at the time and in the manner specified by the commissioner. If the request requires the generator to inform all transporters and facility operators managing the hazardous waste of the request, the generator must so inform the transporters and facility operators, and the generator, transporters, and facility operators shall comply with the commissioner's request.

Statutory Authority:

MS s 116.07

History:

9 SR 115; L 1987 c 186 s 15; 16 SR 197; 31 SR 1277

Published Electronically:

October 10, 2013

7045.0270 PRETRANSPORT REQUIREMENTS.

Subpart 1.

Marking.

Before transporting or offering hazardous waste for transportation off-site, a generator must:

A.

mark each package of hazardous waste in accordance with the applicable United States Department of Transportation regulations on hazardous materials under Code of Federal Regulations, title 49, part 172, subpart D, as amended; and

B.

mark each container of 119 gallons or less used in such transportation with the following words and information according to the Code of Federal Regulations, title 49, section 172.304:

(1)

HAZARDOUS WASTE - Federal Law Prohibits Improper Disposal. If found, contact the nearest police or public safety authority or the U.S. Environmental Protection Agency.

(2)

Generator's Name and Address ______________________

(3)

Manifest Tracking Number ________________________

(4)

Generator's Identification Number ________________________

Subp. 2.

[Repealed by amendment, 9 SR 115]

Subp. 3.

Storage tank label.

Any generator or other person who maintains a storage tank containing hazardous waste shall display the words "Hazardous Waste" on the storage tank in a legible and conspicuous manner. The words "Hazardous Waste" shall be plainly visible and legible to any person who may operate any outlet valve.

Subp. 4.

Packaging.

Before transporting hazardous waste or offering a hazardous waste for transportation off-site, a generator must package the waste in accordance with the applicable United States Department of Transportation regulations on packaging under Code of Federal Regulations, title 49, parts 173, 178, 179, and 180, as amended.

Subp. 5.

Labeling.

Before transporting or offering hazardous waste for transportation off-site, a generator must label each package in accordance with the applicable United States Department of Transportation regulations on hazardous materials under Code of Federal Regulations, title 49, part 172, subpart E, as amended.

Subp. 6.

Placarding.

Before transporting hazardous waste or offering hazardous waste for transportation off-site, a generator must placard or offer the initial transporter the appropriate placards according to United States Department of Transportation regulations for hazardous materials under Code of Federal Regulations, title 49, part 172, subpart F, as amended.

Subp. 7.

Loading of hazardous waste.

A generator who is responsible for loading hazardous waste on a transport vehicle in lieu of the transporter must comply with the provisions of part 7045.0371.

Statutory Authority:

MS s 116.07

History:

9 SR 115; 20 SR 715; 31 SR 1277; 33 SR 2042

Published Electronically:

October 10, 2013

7045.0275 MANAGEMENT OF HAZARDOUS WASTE SPILLS.

Subpart 1.

[Repealed, 16 SR 2102]

Subp. 2.

Spills; duty to report.

Any person in control of a hazardous waste that spills, leaks, or otherwise escapes from a container, tank, or other containment system, including its associated piping, shall immediately notify the agency if the hazardous waste may cause pollution of the air, land resources, or waters of the state. The person shall use the appropriate Minnesota duty officer's 24-hour telephone number:

A.

(651) 649-5451 for Twin Cities' local calling area and outside Minnesota;

B.

(800) 422-0798 for greater Minnesota;

C.

(651) 297-5353 for TDD for Twin Cities' local calling area and outside Minnesota; or

D.

(800) 627-3529 for TDD for greater Minnesota.

Subp. 3.

Spills; duty to recover.

Any person who generates a hazardous waste that spills, leaks, or otherwise escapes from a container, tank, or other containment system, including its associated piping, shall recover the hazardous waste as rapidly and as thoroughly as possible and shall immediately take other action as may be reasonably possible to protect human life and health and minimize or abate pollution of the water, air, or land resources of the state.

Statutory Authority:

MS s 116.07

History:

9 SR 115; 11 SR 1832; 16 SR 2102; 18 SR 1565

Published Electronically:

October 10, 2013

7045.0280

[Repealed by amendment, 9 SR 115]

Published Electronically:

October 10, 2013

7045.0290

[Repealed, 16 SR 2102]

Published Electronically:

October 10, 2013

7045.0292 ACCUMULATION OF HAZARDOUS WASTE.

Subpart 1.

Large quantity generator.

A large quantity generator may accumulate hazardous waste on site without a permit or without having interim status if:

A.

all accumulated hazardous waste is, within 90 days of the accumulation start date, treated on site in compliance with part 7045.0211 or shipped off site in compliance with part 7045.0208;

B.

the waste is placed as follows:

(1)

in containers which meet the standards of part 7045.0270, subpart 4, and are managed in accordance with applicable requirements of parts 7045.0594, subpart 2; 7045.0596, subpart 3; 7045.0626; 7045.0645; 7045.0647; and 7045.0648;

(2)

in tanks provided the generator complies with the applicable requirements of parts 7045.0594, subpart 2; 7045.0596, subpart 3; 7045.0628; 7045.0645; 7045.0647; and 7045.0648, except part 7045.0628, subparts 9, item C, and 12;

(3)

for wood preserving operations on drip pads, provided the generator complies with parts 7045.0594, subpart 2; 7045.0596, subpart 3; and 7045.0644 and maintains records containing a description of procedures that will be followed to ensure that all wastes are removed from drip pads and associated collection systems at least once every 90 days, and maintains documentation of the quantities, dates, and times of each waste removal. Records relating to drip pads must be maintained at the licensed site and must be easily available for agency inspection;

C.

tanks and containers are clearly labeled with the waste accumulation start date, which must be visible for inspection; or for tanks or containers that are not used as shipping containers, the generator may maintain a clearly designated and legible log of transactions which includes accumulation start dates, clearly identifies each tank or container, and is available for inspection;

D.

storage areas are protected from unauthorized access and inadvertent damage from vehicles or equipment;

E.

containers that hold free liquids are placed on a containment surface that is impermeable to the wastes stored and, if outside, is curbed;

F.

all waste containers and tanks are labeled with the words "Hazardous Waste" and a description that clearly identifies their contents to employees and emergency personnel; and

G.

the requirements of parts 7045.0558; 7045.0562, subparts 1 and 2; 7045.0566 to 7045.0576; and Code of Federal Regulations, title 40, section 268.7(a)(5), as incorporated in part 7045.1390, are fulfilled regarding personnel training, ignitable, reactive, or incompatible waste, preparedness and prevention, contingency planning, and waste analysis for restricted wastes.

Subp. 2.

Accumulation start date.

A generator's accumulation start date begins when the generator initiates accumulation in a container or tank. The accumulation start date for satellite accumulation is provided for in subpart 8, item D.

Subp. 3.

[Repealed, 16 SR 2102]

Subp. 4.

[Repealed, 16 SR 2102]

Subp. 5.

Small quantity generator.

A small quantity generator may accumulate up to 3,000 kilograms of hazardous waste that is not acute hazardous waste on site without a permit or without having interim status if:

A.

all accumulated hazardous waste is, within 180 days of the accumulation start date, treated on site in compliance with part 7045.0211 or shipped off site in compliance with part 7045.0208;

B.

the waste is placed in containers which meet the standards of part 7045.0270, subpart 4, and are managed in accordance with parts 7045.0594, subpart 2; 7045.0596, subpart 3; and 7045.0626, subparts 1 to 8; in tanks provided the generator complies with the requirements of parts 7045.0594, subpart 2; 7045.0596, subpart 3; and 7045.0629; or for wood preserving operations on drip pads, provided the generator complies with parts 7045.0594, subpart 2; 7045.0596, subpart 3; and 7045.0644 and maintains records containing a description of procedures that will be followed to ensure that all wastes are removed from drip pads and associated collection systems at least once every 180 days, and maintains documentation of the quantities, dates, and times of each waste removal. These records relating to drip pads must be maintained at the licensed site and must be easily available for agency inspection;

C.

tanks and containers are clearly labeled with the waste accumulation start date, which must be visible for inspection; or for tanks or waste containers that are not used as shipping containers, the generator may maintain a clearly designated and legible log of transactions which includes accumulation start dates, clearly identifies each tank or container, and is available for inspection;

D.

storage areas are protected from unauthorized access and inadvertent damage from vehicles or equipment;

E.

containers that hold free liquids are placed on a containment surface that is impermeable to the waste stored and, if outside, is curbed;

F.

all waste containers and tanks are labeled with the words "Hazardous Waste" and a description that clearly identifies their contents to employees and emergency personnel;

G.

the generator meets the requirements of parts 7045.0566, relating to preparedness and prevention; 7045.0568, relating to the arrangements with local authorities for emergencies; and Code of Federal Regulations, title 40, section 268.7(a)(5), as incorporated in part 7045.1390, relating to waste analysis for restricted wastes; and

H.

the generator complies with the following requirements:

(1)

the generator must ensure that there is available at all times at least one employee, identified as the emergency coordinator, responsible for coordinating all emergency response measures provided in subitem (4); the emergency coordinator must be either on the generator's premises or available to respond to an emergency by reaching the premises within a short period of time;

(2)

the generator must post the following information next to the telephone on the premises: the name and telephone number of the emergency coordinator, the location of fire extinguishers and spill control material, the fire alarm, if present, and the telephone number of the fire department, unless there is a direct alarm;

(3)

the generator must ensure and document that all employees are thoroughly familiar with proper waste handling and emergency procedures relevant to their responsibilities during normal facility operations and emergencies within six months after the date of their employment or assignment to a new position; and

(4)

the emergency coordinator or a designee must respond to any emergencies that arise. Appropriate responses include: in the event of a fire, call the fire department or try to extinguish the fire by using a fire extinguisher; in the event of a spill, contain the flow of hazardous waste to the extent possible and as soon as practicable, clean up the hazardous waste and any contaminated materials or soils; in the event of a fire, explosion, or other release that could threaten human health outside the premises or when the generator has knowledge that a spill has reached surface water, the generator must immediately comply with part 7045.0275, subparts 2 and 3, and notify the National Response Center using its 24-hour toll free number (800) 424-8802 and provide the name, address, identification number of the generator, date, time, type of incident, and the estimated quantity and disposition of any recovered materials.

Subp. 6.

Very small quantity generator.

A very small quantity generator may accumulate up to 1,000 kilograms of hazardous waste that is not acute hazardous waste on site without a permit or without having interim status if:

A.

all accumulated hazardous waste when disposed of is treated on site in compliance with part 7045.0211 or shipped off site in compliance with part 7045.0208;

B.

the waste is placed in containers which meet the standards of part 7045.0270, subpart 4, and are managed in accordance with parts 7045.0594, subpart 2; 7045.0596, subpart 3; and 7045.0626, subparts 1 to 8; in tanks provided the generator complies with the requirements of parts 7045.0594, subpart 2; 7045.0596, subpart 3; and 7045.0629; or for wood preserving operations on drip pads, provided the generator complies with parts 7045.0594, subpart 2; 7045.0596, subpart 3; and 7045.0644 and maintains records containing a description of procedures that will be followed to ensure that all wastes are removed from drip pads and associated collection systems at least once every 180 days, and maintains documentation of the quantities, dates, and times of each waste removal. These records relating to drip pads must be maintained at the licensed site and must be easily available for agency inspection;

C.

tanks and containers are clearly labeled with the waste accumulation start date, which must be visible for inspection; or for tanks or containers that are not used as shipping containers, the generator may maintain a clearly designated and legible log of transactions which includes accumulation start dates, clearly identifies each tank or container, and is available for inspection;

D.

storage areas are protected from unauthorized access and inadvertent damage from vehicles or equipment;

E.

containers that hold free liquids are placed on a containment surface that is impermeable to the waste stored and, if outside, is curbed;

F.

all waste containers and tanks are labeled with the words "Hazardous Waste" and a description that clearly identifies their contents to employees and emergency personnel;

G.

the generator meets the requirements of part 7045.0566, relating to preparedness and prevention; and

H.

if the generator accumulates at any one time more than 1,000 kilograms of hazardous waste, the generator becomes a small quantity generator and is subject to regulation under subpart 5. For generators in this circumstance, all accumulated hazardous waste must be treated on site in compliance with part 7045.0211 or shipped off site in compliance with part 7045.0208 within 180 days of the date the 1,000 kilogram limit is reached.

Subp. 7.

Acute hazardous waste accumulation.

A small quantity generator or a very small quantity generator who generates acute hazardous waste that is not exempt under subpart 8 must comply with items A and B:

A.

A generator may accumulate acute hazardous waste on site indefinitely in quantities equal to or less than one kilogram of acute hazardous waste and equal to or less than 100 kilograms of residue, contaminated soil, water, or other debris resulting from cleaning up spilled acute hazardous waste. The generator must comply with subpart 5, items B to H.

B.

A generator who accumulates on site more than one kilogram of acute hazardous waste, or more than 100 kilograms of residue, contaminated soil, water, or other debris resulting from cleaning up spilled acute hazardous waste must comply with subpart 1.

Subp. 8.

Satellite accumulation.

Items A to D apply to all generators of hazardous waste.

A.

A generator may, without a permit or interim status and without complying with subparts 1 to 7, accumulate as much as 55 gallons of hazardous waste or one quart of acute hazardous waste listed in part 7045.0135, subpart 1a, items B to D, per waste stream per each point of generation provided the generator complies with items B to D.

B.

The generator must:

(1)

comply with part 7045.0626, subparts 2 to 4 and 6;

(2)

clearly label each container with the words "Hazardous Waste" and a description that clearly identifies its contents to employees and emergency personnel;

(3)

comply with parts 7045.0566 and 7045.0568 if a large quantity or small quantity generator, or with part 7045.0566 if a very small quantity generator;

(4)

provide that outdoor satellite accumulation areas are protected from unauthorized access and inadvertent damage from vehicles or equipment; and

(5)

provide that containers that hold free liquids are placed on a containment surface that is impermeable to the waste stored and, if outside, is curbed.

C.

In addition, the generator must:

(1)

for a container or containers located within the immediate working area of the specific process producing the waste, provide direct control and visual inspection of the satellite accumulation area by persons directly responsible for the specific process producing the waste; or

(2)

for a container or containers not located in the immediate working area, inspect the containers and areas where containers are stored, at least weekly, looking for leaks and for deterioration caused by corrosion or other factors and keep a written record of the dates and findings of these inspections.

D.

On the date on which the volume limit prescribed in item A is reached, the generator must:

(1)

clearly label the container or containers with that date (that date is then the accumulation start date);

(2)

within three days thereafter, transfer the entire satellite container's or containers' contents to the hazardous waste storage area and comply with subparts 1 to 7, as applicable; and

(3)

during the three-day period for compliance, continue to comply with items B and C.

Subp. 9.

Transportation time extension.

If waste accumulated under subparts 5 and 6 must be transported 200 miles or more to a facility, the generator may store the waste for an additional 90 days beyond the established limits. In this event, the generator must maintain evidence on site that arrangements have been made for the transport of the waste to the facility and, if requested, show the evidence to the commissioner. During this time extension a small quantity generator shall not at any time exceed the 3,000 kilogram accumulation limit established in subpart 5 and a very small quantity generator shall not at any time exceed the 1,000 kilogram limit established in subpart 6.

Subp. 10.

Time extension.

One extension may be granted for up to 30 days by the commissioner if hazardous waste must remain on site for longer than the maximum allowable time under subparts 1 to 9, as applicable, due to unforeseen, temporary, and uncontrollable circumstances. A request for an extension must be submitted in writing to the commissioner and must include:

A.

the amount and type of waste to be stored over the maximum allowable number of days;

B.

the date the stored waste will exceed the maximum allowable number of days;

C.

the location of the waste needing an extension;

D.

the reason for the extension request; and

E.

documentation of the generator's effort to ship the waste off site within the applicable time limit.

Subp. 11.

Accumulation requiring a permit.

A large quantity generator who accumulates hazardous waste for more than 90 days, or a small quantity generator who accumulates more than 3,000 kilograms of hazardous waste at any time, is an operator of a storage facility and is subject to the requirements of parts 7045.0450 to 7045.0649 and the agency's permitting procedures in chapter 7001 unless the generator has been granted a time extension under subpart 10.

Subp. 12.

Rejected shipments.

A generator who sends a shipment of hazardous waste to a designated facility with the understanding that the designated facility can accept and manage the waste and later receives that shipment back as a rejected load or residue according to the manifest discrepancy provisions of part 7045.0476 or 7045.0582 may accumulate the returned waste on-site according to subparts 1 to 7, 9, and 10, depending on the amount of hazardous waste on-site in that calendar month. Upon receipt of the returned shipment, the generator must:

A.

sign item 18c of the manifest, if the transporter returned the shipment using the original manifest; or

B.

sign item 20 of the manifest, if the transporter returned the shipment using a new manifest.

Statutory Authority:

MS s 14.07; 116.07; 116.37

History:

9 SR 115; 10 SR 929; 11 SR 1950; L 1987 c 186 s 15; 13 SR 259; 14 SR 2248; 16 SR 2102; 16 SR 2239; 18 SR 1565; 18 SR 1751; 20 SR 715; 22 SR 5; 31 SR 1277; 33 SR 2042

Published Electronically:

October 10, 2013

7045.0294 RECORD KEEPING.

Subpart 1.

Manifests.

A generator must keep a copy of each manifest signed according to part 7045.0265, subpart 1, for three years or until the generator receives a signed copy from the designated facility which received the waste. This signed copy must be retained as a record for at least three years from the date the waste was accepted by the initial transporter.

Subp. 1a.

Alternate manifests.

Record keeping requirements under the alternate manifest system provided in part 7045.0075, subpart 5, include:

A.

a generator must maintain a copy of the reclamation and transport agreement during the term of the agreement and for a period of at least three years after termination or expiration of the agreement; and

B.

for each shipment of waste using an alternate manifest, a generator must submit a completed copy of that alternate manifest to the commissioner within five working days of the transporter's acceptance of the waste shipment.

Subp. 1b.

Very small quantity generator collection program receipt.

A generator must keep a copy of each signed receipt for waste delivered to a collection site under part 7045.0320. This signed copy must be retained as a record for at least three years from the date the waste was accepted at the collection site.

Subp. 2.

Reports.

A generator must keep a copy of the license application, each license renewal application, and each exception report for at least three years from the due date of the report.

Subp. 2a.

Container inspection reports.

A generator must keep a copy of each weekly container inspection report required for generator accumulation under part 7045.0292 for a period of at least three years from the date of the inspection.

Subp. 3.

Test results.

A generator must keep records of any test results, waste analyses, or other determinations made in accordance with parts 7045.0214 to 7045.0217 for at least three years from the date that the waste was last sent to on-site or off-site treatment, storage, or disposal.

Subp. 3a.

Training records.

A generator must keep training records required under part 7045.0292, subparts 1, item G, and 5, item H, subitem (3), on current personnel until closure of the licensed site. Training records on former employees must be kept for at least three years from the date of the employee's termination. Personnel training records may accompany personnel transferred within the same company.

Subp. 4.

Extension of retention period.

The periods of retention referred to in subparts 1 to 3 are extended automatically during the course of any unresolved enforcement action regarding the regulated activity.

Subp. 5.

Location of records.

The records required in subparts 1 to 3a must be located at the licensed site. The records must be easily available for agency inspection.

Statutory Authority:

MS s 116.07

History:

9 SR 115; 16 SR 2102; 18 SR 1565; 33 SR 2042

Published Electronically:

October 10, 2013

7045.0296

[Repealed, 16 SR 2102]

Published Electronically:

October 10, 2013

7045.0298 EXCEPTION REPORTING.

Subpart 1.

When applicable.

A generator who does not receive a copy of the manifest with the handwritten signature of the owner or operator of the designated facility within 35 days of the date the waste was accepted by the initial transporter must contact the transporter and the owner or operator of the designated facility to determine the status of the hazardous waste. A generator must submit an exception report to the commissioner if the generator has not received a copy of the manifest with the handwritten signature of the owner or operator of the designated facility within 45 days of the date the waste was accepted by the initial transporter.

Subp. 2.

Content of report.

The exception report must include:

A.

a legible copy of the manifest for which the generator does not have confirmation of delivery; and

B.

a cover letter signed by the generator or the generator's authorized representative explaining the efforts taken to locate the hazardous waste and the results of those efforts.

Statutory Authority:

MS s 116.07

History:

9 SR 115; L 1987 c 186 s 15; 16 SR 2102

Published Electronically:

October 10, 2013

7045.0300 ADDITIONAL REPORTING.

The commissioner, when necessary to determine compliance with the requirements of this chapter, may require generators to furnish additional reports concerning the quantities and disposition of waste identified or listed in parts 7045.0102 to 7045.0155.

Statutory Authority:

MS s 116.07

History:

9 SR 115; L 1987 c 186 s 15; 16 SR 2102; 33 SR 2042

Published Electronically:

October 10, 2013

7045.0302 INTERNATIONAL SHIPMENTS; SPECIAL CONDITIONS.

Subpart 1.

General requirement.

Any person who exports hazardous waste to a foreign country from Minnesota or imports hazardous waste from a foreign country into Minnesota must comply with the special requirements of subparts 2 to 7.

Exports of hazardous waste are prohibited except in compliance with the applicable requirements of this part and parts 7045.0351 to 7045.0397. Exports of hazardous waste are prohibited unless:

A.

notification in accordance with subpart 2 has been provided;

B.

the receiving country has consented to accept the hazardous waste;

C.

a copy of the EPA Acknowledgment of Consent to the shipment accompanies the hazardous waste shipment and, unless exported by rail, is attached to the manifest, or for bulk shipment exports by water to the shipping paper; and

D.

the hazardous waste shipment conforms to the terms of the receiving country's written consent as reflected in the EPA Acknowledgment of Consent.

Subp. 1a.

International agreements.

Any person who exports or imports hazardous waste subject to the federal manifest requirements of Code of Federal Regulations, title 40, part 262, or subject to parts 7045.0261 and 7045.0265 or part 7045.1400, to or from designated member countries of the OECD as defined in Code of Federal Regulations, title 40, section 262.58(a)(1) for purposes of recovery, is subject to part 7045.0322 and the requirements of this part do not apply.

Subp. 2.

Notification.

When shipping hazardous waste outside the state of Minnesota to a foreign country the primary exporter must notify the commissioner and the EPA of an intended export before the waste is scheduled to leave the United States. A complete notification should be submitted 60 days before the initial shipment is intended to be shipped off site. This notification may cover export activities extending over a 12-month or lesser period.

The notification must be sent to the commissioner at 520 Lafayette Road, Saint Paul, Minnesota 55155-4194, and to the Office of Enforcement and Compliance Assurance, Office of Federal Activities, International Compliance Assurance Division (2254A), Environmental Protection Agency, 1200 Pennsylvania Avenue N.W., Washington, DC 20460. Hand-delivered notifications must be sent to the Office of Enforcement and Compliance Assurance, Office of Federal Activities, International Compliance Assurance Division (2254A), Environmental Protection Agency, Ariel Rios Building, 12th Street and Pennsylvania Avenue N.W., Washington, DC 20460. In both cases, the following must be prominently displayed on the front of the envelope: "Attention: Notification of Intent to Export."

The primary exporter must provide the commissioner and the EPA with written renotification of any changes to the notification, except for changes to the telephone number, decreases in the quantity indicated in item B, subitem (3), and changes in the means of transport in item B, subitem (5). The waste shall not be shipped until the primary exporter receives an EPA Acknowledgment of Consent reflecting the receiving country's consent to the changes.

The notification must be in writing, signed by the primary exporter, and include the following information:

A.

name, mailing address, telephone number, and identification number of the primary exporter; and

B.

by consignee, for each hazardous waste type:

(1)

a description of the hazardous waste and the EPA hazardous waste number (from Code of Federal Regulations, title 40, part 261, subpart C or D, as amended), United States Department of Transportation proper shipping name, hazard class, identification number (UN/NA), and packing group for each hazardous waste as identified in Code of Federal Regulations, title 49, parts 171 to 177, as amended;

(2)

the estimated frequency or rate at which the waste is to be exported and the period over which the waste is to be exported;

(3)

the estimated total quantity of the hazardous waste in units as specified in the instructions to the Uniform Hazardous Waste Manifest Form (8700-22);

(4)

all points of entry to and departure from each foreign country through which the hazardous waste will pass;

(5)

a description of the means by which each shipment of the hazardous waste will be transported, such as by air, highway, rail, water, etc., and the types of container to be used, such as drums, boxes, or tanks;

(6)

a description of how the hazardous waste will be treated, stored, or disposed of in the receiving country, such as land or ocean incineration, other land disposal, ocean dumping, or recycling;

(7)

the name and site address of the consignee and any alternate consignee;

(8)

the name of any transit countries through which the hazardous waste will be sent and a description of the approximate length of time the hazardous waste will remain in those countries and the nature of its handling while there; and

(9)

upon request by the EPA, a primary exporter shall furnish to the EPA and the commissioner any additional information which a receiving country requests in order to respond to a notification.

Subp. 3.

Exception report.

A primary exporter must file an exception report with the EPA and the commissioner at the addresses listed in subpart 2, item B if:

A.

the primary exporter has not received a copy of the manifest signed by the transporter stating the date and place of departure from Minnesota within 45 days from the date it was accepted by the initial transporter;

B.

within 90 days from the date the waste was accepted by the initial transporter, the primary exporter has not received written confirmation from the consignee that the hazardous waste was received; or

C.

the waste is returned to the United States.

Subp. 4.

Importers manifest requirements.

When importing hazardous waste, a person may obtain the manifest form from any source that is registered with the United States Environmental Protection Agency as a supplier of manifests and must meet all requirements of parts 7045.0261 and 7045.0265 for the manifest except that:

A.

in place of the generator's name, address, and identification number, the name and address of the foreign generator and the importer's name, address, and identification number must be used;

B.

in place of the generator's signature on the certification statement, the United States importer or the importer's agent must sign and date the certification and obtain the signature of the initial transporter;

C.

in the international shipments block, the importer must check the import box and enter the point of entry (city and state) into the United States; and

D.

the importer must provide the transporter with an additional copy of the manifest to be submitted by the receiving facility to the United States Environmental Protection Agency according to part 7045.0474, subpart 2, item B, or 7045.0580, subpart 2, item B.

Subp. 5.

Exporters manifest requirements.

When exporting hazardous waste, a primary exporter must comply with parts 7045.0351 to 7045.0397, except that:

A.

In lieu of the name, site address, and the identification number of the designated permitted facility, the primary exporter must enter the name and site address of the consignee.

B.

In lieu of the name, site address, and the identification number of a permitted alternate facility, the primary exporter may enter the name and site address of any alternate consignee.

C.

In the international shipments block, the primary exporter must check the export box and enter the point of exit (city and state) from the United States.

D.

The following statement must be added to the end of the first sentence of the certification, Uniform Hazardous Waste Manifest Form, item 16: "and conforms to the terms of the attached EPA Acknowledgment of Consent."

E.

The primary exporter must require the consignee to confirm in writing the delivery of the hazardous waste to that facility and to describe any significant discrepancies, as described in part 7045.0476, between the manifest and the shipment. A copy of the manifest signed by the facility may be used to confirm delivery of the hazardous waste.

F.

In lieu of the requirements of part 7045.0261, subpart 4, where a shipment cannot be delivered for any reason to the designated or alternate consignee, the primary exporter must:

(1)

renotify the EPA and the commissioner of a change in the conditions of the original notification to allow shipment to a new consignee in accordance with subpart 2 and obtain an EPA Acknowledgment of Consent before delivery; or

(2)

instruct the transporter to return the waste to the primary exporter in the United States or designate another facility within the United States; and

(3)

instruct the transporter to revise the manifest in accordance with the primary exporter's instructions.

G.

The primary exporter must attach a copy of the EPA Acknowledgment of Consent for the shipment to the manifest which must accompany the hazardous waste shipment. For exports by rail or bulk shipments by water, the primary exporter must provide the transporter with an EPA Acknowledgment of Consent which must accompany the hazardous waste but which need not be attached to the manifest except that for bulk shipment exports by water, the primary exporter must attach the copy of the EPA Acknowledgment of Consent to the shipping paper.

H.

The primary exporter shall provide the transporter with an additional copy of the manifest for delivery to the United States Customs official at the point the hazardous waste leaves the United States under part 7045.0381, subpart 4, item D.

Subp. 6.

Annual reports.

Primary exporters of hazardous waste identified or listed under this chapter shall file with the commissioner and the EPA no later than March 1 of each year, a report summarizing the types, quantities, frequency, and ultimate destination of all hazardous waste exported during the previous calendar year. The reports shall include the following:

A.

the identification number, name, and mailing and site address of the exporter;

B.

the calendar year covered by the report;

C.

the name and site address of each consignee;

D.

by consignee, for each hazardous waste exported, a description of the hazardous waste, the EPA hazardous waste number (from Code of Federal Regulations, title 40, part 261, subpart C or D, as amended), the Department of Transportation hazard class, the name and identification number, where applicable, for each transporter used, the total amount of waste shipped, and number of shipments pursuant to each notification;

E.

a description of the efforts undertaken during the year to reduce the volume and toxicity of waste generated and a description of the changes in volume and toxicity of waste actually achieved during the year in comparison to previous years to the extent the information is available for years before 1984; and

F.

a certification signed by the primary exporter which states:

"I certify under penalty of law that I have personally examined and am familiar with the information submitted in this and all attached documents, and that based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the submitted information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information including the possibility of fine and imprisonment."

Reports shall be sent to the commissioner at 520 Lafayette Road, Saint Paul, Minnesota 55155, and to the Office of Enforcement and Compliance Assurance, Office of Federal Activities, International Compliance Assurance Division (2254A), Environmental Protection Agency, 1200 Pennsylvania Avenue N.W., Washington, DC 20460. Hand-delivered reports to the Environmental Protection Agency should be sent to the Office of Enforcement and Compliance Assurance, Office of Federal Activities, International Compliance Assurance Division (2254A), Environmental Protection Agency, Ariel Rios Building, 12th Street and Pennsylvania Avenue N.W., Washington, DC 20460.

Subp. 7.

Record keeping.

For all exports, a primary exporter must:

A.

keep a copy of each notification of intent to export for a period of at least three years from the date the hazardous waste was accepted by the initial transporter;

B.

keep a copy of each EPA Acknowledgment of Consent for a period of at least three years from the date the hazardous waste was accepted by the initial transporter;

C.

keep a copy of each confirmation of delivery of the hazardous waste from the consignee for at least three years from the date the hazardous waste was accepted by the initial transporter; and

D.

keep a copy of each annual report for a period of at least three years from the due date of the report.

The periods of retention referred to in this part are extended automatically during any unresolved enforcement action regarding the regulated activity or at the request of the commissioner.

Statutory Authority:

MS s 116.07

History:

9 SR 115; 9 SR 2118; 11 SR 1832; L 1987 c 186 s 15; 12 SR 1660; 17 SR 1279; 20 SR 715; 22 SR 5; 31 SR 1277; 33 SR 2042

Published Electronically:

October 10, 2013

7045.0304

[Repealed, 16 SR 2102]

Published Electronically:

October 10, 2013

7045.0305 STANDARDS FOR GENERATORS WHO SEWER HAZARDOUS WASTE.

Subpart 1.

Applicability.

This part applies to generators who discharge their own hazardous waste to a sanitary sewer.

Subp. 2.

Generator size determination.

A generator who sewers hazardous waste shall include the quantity of sewered hazardous waste in their size determination under part 7045.0206 except for the volume of a hazardous waste that has been pretreated provided that:

A.

an 80 percent reduction of the quantity of the hazardous waste constituent mass is achieved before sewering;

B.

the discharge is approved by a publicly owned treatment works permitted under part 7001.0520, subpart 3, item B;

C.

the generator is licensed to sewer their waste under parts 7045.0225 to 7045.0250; and

D.

the generator has met the conditions of part 7001.0520, subpart 3, item C.

Subp. 3.

Management.

A generator who sewers hazardous waste shall comply with the requirements of this chapter applicable to their generator size with the following exception. A generator whose quantity determination is zero because the generator meets the conditions of subpart 2 will be classified as a very small quantity generator and shall meet the requirements of this chapter that apply to very small quantity generators.

Statutory Authority:

MS s 116.07

History:

16 SR 2102

Published Electronically:

October 10, 2013

7045.0310 SPECIAL REQUIREMENTS FOR WASTE COLLECTED AS RESULT OF HOUSEHOLD HAZARDOUS WASTE MANAGEMENT PROGRAM.

Subpart 1.

Applicability.

An operator who establishes or operates all or part of a household hazardous waste management program is only required to comply with the requirements in this part with respect to collected household hazardous waste. "Household hazardous waste management program" means:

A.

a program established to accept or collect household hazardous waste from households, except as otherwise provided in part 7045.0685;

B.

a program established by a resource recovery facility to segregate household hazardous waste from household waste; or

C.

a program established by a solid waste disposal facility to segregate household hazardous waste from household waste during processing activities.

Subp. 2.

Notification.

An operator who intends to establish or operate all or part of a household hazardous waste management program shall ensure that the information required in items A to J is submitted to the commissioner at least 30 days before initiating the household hazardous waste management program.

The notification shall provide a complete description of the program including, as applicable:

A.

the name, address, and telephone number of operators establishing the program;

B.

the location of all household hazardous waste collection sites;

C.

the duration and operating hours of the program;

D.

the intended program service area;

E.

the manner in which waste will be collected, stored, treated, transported, and disposed of;

F.

the amount of time the operator intends to store collected waste at individual collection sites;

G.

a description of the physical structures to be used to collect and store collected waste;

H.

a description of personnel safety training to be given;

I.

a description of the safety and emergency procedures established for the program; and

J.

the name and address of all waste transporters and the facilities which will treat or dispose of the waste.

Operators who submit a notification and subsequently change any aspect of the program as described in the notification must submit, within 30 days of making the change, an amended notification to the commissioner fully describing the program changes.

Subp. 3.

Management requirements.

An operator who establishes or operates all or part of a household hazardous waste management program must comply with the standards applicable to large quantity generators established in parts 7045.0205 to 7045.0325, except as modified in items A to E.

A.

The operator need not comply with the license and license reporting requirements of parts 7045.0225 to 7045.0250.

B.

The operator may transport or offer for transport household hazardous waste for off-site activities as provided in part 7045.0208 or to a collection site that has obtained the commissioner's approval under subpart 6.

C.

If the operator transports or offers for transport household hazardous waste for off-site activities at a collection site that has obtained the commissioner's approval under subpart 6, the operator:

(1)

may, in lieu of a manifest, prepare and use a shipping paper containing all the information required on a manifest in part 7045.0261, excluding the identification number, to comply with the requirements of parts 7045.0205 to 7045.0325;

(2)

may designate an alternate collection site which meets the requirements of subpart 6 or an alternate facility and must indicate the alternate collection site or facility on the shipping paper prepared under subitem (1); and

(3)

must instruct the transporter to return the waste, if the transporter is unable to deliver the household hazardous waste to the facility or collection site designated on the shipping paper.

D.

If the operator intends to store household hazardous waste for more than 90 days after the accumulation start date, the operator must obtain the approval of the commissioner as set out in subpart 6, but no facility permit is required unless the operator intends to perform treatment procedures other than those specified in subpart 7 or disposes of the waste on site.

E.

The operator need not comply with the record keeping requirements of part 7045.0294, subparts 2 and 3.

Subp. 4.

[Repealed, 16 SR 2102]

Subp. 5.

Transportation requirements.

An operator or other persons who transport waste collected as a result of a household hazardous waste management program shall transport collected waste in compliance with the requirements in items A to D.

A.

A transporter may not accept household hazardous waste from any operator who establishes or operates all or part of a household hazardous waste management program unless the waste is accompanied by either a manifest signed by the generator according to parts 7045.0205 to 7045.0325 or a shipping paper prepared according to subpart 3, item C, subitem (1).

B.

If the household hazardous waste is destined for a hazardous waste facility, the transporter shall comply with all of the hazardous waste transporter requirements in parts 7045.0351 to 7045.0397.

C.

If the household hazardous waste is destined for a collection site that has obtained approval from the commissioner under subpart 6, the transporter shall comply with the hazardous waste transporter requirements in parts 7045.0351 to 7045.0397, except:

(1)

part 7045.0361; and

(2)

a shipping paper prepared according to subpart 3, item C, subitem (1), may be used, in lieu of a manifest, to comply with the requirements of parts 7045.0351 to 7045.0395.

D.

An operator who transports waste for hire in Minnesota must obtain for-hire operating authority from the commissioner of transportation as required by Minnesota Statutes, chapter 221.

Subp. 6.

Storage of collected wastes.

An operator who accepts household hazardous waste from another collection site or stores household hazardous waste for more than 90 days must comply with the requirements of items A to E.

A.

No operator may accept household hazardous waste from another collection site or store household hazardous waste for more than 90 days after the accumulation start date as provided in part 7045.0292, without the approval of the commissioner.

B.

An operator intending to accept household hazardous waste from another collection site or store household hazardous waste for more than 90 days must submit a request for approval to the commissioner at least 30 days before initiating a household hazardous waste program. The commissioner shall approve the request if the commissioner determines that, based on the information contained in the request, the storage and management practices employed at the storage facility will appropriately protect human health and the environment from any adverse effects associated with the household hazardous waste.

C.

If the commissioner approves a request, the operator shall manage the waste in compliance with the applicable standards in parts 7045.0526 and 7045.0528 for the use and management of containers and tanks.

D.

If the commissioner does not approve a request, the operator must transport or arrange to transport the household hazardous waste for off-site activities at a facility that either has a hazardous waste permit or a collection site that has obtained the commissioner's approval under this subpart. Operators who store household hazardous waste for more than 90 days without the commissioner's approval are in violation of this chapter.

E.

If the operator has not submitted a request as required under item B, or if the commissioner does not approve a request, the commissioner may still grant a storage extension if household hazardous waste must remain on-site for longer than 90 days due to unforeseen, temporary, and uncontrollable circumstances as provided in part 7045.0292, subparts 10 and 11.

Subp. 7.

Treatment.

Operators conducting treatment of collected household hazardous wastes are subject to the requirements of items A to C.

A.

An operator intending to perform any treatment not specified in item B must submit a request for approval to the commissioner. The commissioner shall approve the request if the commissioner determines that the requirements of item C have been satisfied and that all other management practices at the collection site are adequate to protect human health and the environment.

B.

Treatment methods which do not require approval of the commissioner are bulking of:

(1)

paints;

(2)

solvents;

(3)

used oil; and

(4)

antifreeze.

While bulking is being done, the personnel training and safety procedures must specifically address how this activity will be conducted.

C.

All other methods of waste treatment must be identified in the notification required under subpart 2 and the commissioner's approval obtained for those specific activities before any of those activities are begun. In addition to the information required in subpart 2, the notification must provide the following information:

(1)

the name of the person appointed to direct and oversee the treatment process; and

(2)

a detailed description of the treatment activity and an explanation of how human health and the environment will be protected.

Statutory Authority:

MS s 116.07

History:

15 SR 801; 15 SR 2106; 16 SR 2102; 20 SR 715; 22 SR 5; L 2001 c 213 s 30; 31 SR 1277

Published Electronically:

October 10, 2013

7045.0320 VERY SMALL QUANTITY GENERATOR HAZARDOUS WASTE COLLECTION PROGRAMS.

Subpart 1.

Applicability.

This part provides the requirements for the management and transportation of waste collected as part of a very small quantity generator hazardous waste collection program. Full compliance with this part exempts the program operator from the permit requirements of part 7001.0520.

An operator of a hazardous waste facility permitted under chapter 7001 is exempt from the requirements of this part to the extent that the facility permit specifically allows the facility to accept and store waste from other generators.

Subp. 2.

Generators who operate collection programs.

A generator who is also a program operator must comply with the applicable provisions of parts 7045.0205 to 7045.0325 as they apply to the generator's hazardous waste. A generator who operates a collection program must maintain separate records for the collected waste and waste generated by the generator.

Subp. 3.

Definitions.

When used in this part, the terms in items A to D have the meanings given them.

A.

"Collection program" means a program licensed under this part to accept, collect, transport, store, or treat hazardous waste from very small quantity generators.

B.

"Collection site" means a site established as part of a collection program under this part.

C.

"Program operator" means a person or persons who establish a collection program and arrange for the acceptance, collection, transportation, storage, and treatment of collected hazardous waste from very small quantity generators.

D.

"Site operator" means a person or persons who operate a collection site.

Subp. 4.

Program license.

A program operator must apply for and obtain a collection program license from the commissioner before accepting any waste. The program operator must renew the license annually.

Subp. 5.

License application.

The license application must provide a complete description of the program including, as applicable:

A.

the name, address, and telephone number of persons establishing the program;

B.

the name, address, and telephone number of persons operating the program, if different than item A;

C.

the location and identification number of all collection sites, designating central facilities and satellite facilities;

D.

the duration and operating hours of the program;

E.

the intended program service area;

F.

a description of the operator's administrative process for accepting waste from very small quantity generators;

G.

the anticipated types and amounts of waste to be collected, stored, treated, transported, and disposed of;

H.

a description of how the waste is to be collected, analyzed, stored, treated, transported, and disposed of;

I.

except as provided in item J, if treatment of collected waste is applied for under this license, the following additional information must be submitted for each method of waste treatment proposed:

(1)

the name of the person appointed to direct and oversee the treatment process;

(2)

a detailed description of the treatment activity and an explanation of how human health and the environment will be protected; and

(3)

evidence of compliance with part 7045.0210 addressing financial responsibility;

J.

the bulking of paints, solvents, used oil, and antifreeze does not require submittal of the additional information under item I but must be addressed under items G and H;

K.

the amount of time the site operator intends to store collected waste at individual collection sites;

L.

a description of the physical structures where collection and storage will occur;

M.

a description of personnel safety training;

N.

a description of the safety and emergency procedures established;

O.

the name, address, and identification number of all hazardous waste transporters to be used; and

P.

the name, address, and identification number of all hazardous waste facilities which will treat or dispose of the waste.

Subp. 6.

Changes to license conditions.

A program operator may change the conditions of management or operation during the time period for which the license is valid, except for treatment changes approved under subpart 5, item I, which require the commissioner's written approval before the operator may implement the treatment changes. If the program operator changes any of the conditions of management or operation during the life of the license, the operator shall report the changes in the next annual report.

Subp. 7.

License issuance and renewal.

After receiving the license application or annual report, as applicable, the commissioner will conduct a review of the submitted information and will:

A.

issue or reissue, as applicable, a collection program license;

B.

request in writing the submittal of additional information to make the license application or annual report, as applicable, complete and approvable;

C.

request in writing facility operational or waste management changes to make the application or annual report, as applicable, approvable; or

D.

deny approval of license application within 45 days of last submittal of information by license applicant.

Subp. 8.

Reporting requirements.

A program operator must meet the reporting requirements established in part 7045.0248, subpart 1.

In addition, the site operator must keep a written operating record at the collection site and available for inspection that contains the following information for each time a waste is collected:

A.

the generator names and identification numbers as required under part 7045.0221 from whom waste was collected;

B.

the name or a description of the hazardous waste collected;

C.

the amount of each hazardous waste collected;

D.

the date the waste was received at the collection site; and

E.

the date the waste was treated or shipped from the collection site.

Subp. 9.

Management requirements.

A person or persons involved in management of hazardous waste from very small quantity generators as part of a collection program shall comply with the requirements of items A to F.

A.

The program operator must comply with the standards applicable to large quantity generators established in parts 7045.0205 to 7045.0325 with respect to collected hazardous waste except as modified in this part.

B.

The license requirements of parts 7045.0225 to 7045.0250 are replaced by the requirements of subparts 4 to 8.

C.

A site operator may accumulate hazardous waste on site without a permit or without interim status if the site operator complies with the accumulation time limits and management requirements provided in part 7045.0292. The site operator is a generator whose size shall be determined by applying part 7045.0206. The site operator shall comply with the requirements applicable to a generator of the appropriate size.

D.

The site operator may transport or offer for transport collected waste for off-site activities as provided in part 7045.0208 or to a collection site that is part of the same collection program licensed under this part.

E.

If the site operator transports or offers for transport collected waste for off-site activities to a collection site that is part of the same collection program licensed under this part, the operator:

(1)

may, in lieu of a manifest, prepare and use a shipping paper containing all the information required on a manifest in part 7045.0261, excluding the identification number, to comply with the requirements of parts 7045.0261 to 7045.0265;

(2)

may designate an alternate collection site that has obtained the commissioner's approval or an alternate facility and must indicate the alternate collection site or facility on the shipping paper prepared under subitem (1); and

(3)

must instruct the transporter to return the waste, if the transporter is unable to deliver the collected waste to the facility or collection site designated on the shipping paper.

F.

The site operator must provide a written receipt to the generator immediately upon receipt of waste. The receipt must include:

(1)

the date the waste was received at the collection site;

(2)

the name or a description of the hazardous waste received;

(3)

the amount of each hazardous waste received;

(4)

the generator name and identification number; and

(5)

the signature of the generator or authorized representative.

Subp. 10.

Transport requirements.

A person or persons who transport waste collected as a result of a collection program licensed under this part shall transport collected waste in compliance with the requirements in items A to D.

A.

A transporter may not accept collected waste from a program operator or a site operator unless the waste is accompanied by either a manifest signed by the program operator or a shipping paper prepared according to subpart 9, item E, subitem (1).

B.

If the collected waste is destined for a hazardous waste facility, the transporter shall comply with all of the hazardous waste transporter requirements in parts 7045.0351 to 7045.0397.

C.

If the collected waste is destined for a collection site that has obtained approval from the commissioner under the licensing provisions of this part, the transporter shall comply with the hazardous waste transporter requirements in parts 7045.0351 to 7045.0397, except:

(1)

an identification number under part 7045.0361 is not required; and

(2)

a shipping paper prepared according to subpart 9, item E, subitem (1), may be used, in lieu of a manifest, to comply with the manifest requirements of parts 7045.0351 to 7045.0395.

D.

An operator who transports waste for hire in Minnesota must obtain for-hire operating authority from the commissioner of transportation as required by Minnesota Statutes, chapter 221.

Statutory Authority:

MS s 14.07; 116.07

History:

16 SR 2102; 20 SR 715; 22 SR 5; L 2001 c 213 s 30; 31 SR 1277

Published Electronically:

October 10, 2013

7045.0322 TRANSFRONTIER SHIPMENTS OF HAZARDOUS WASTE FOR RECOVERY WITHIN THE OECD.

The requirements of Code of Federal Regulations, title 40, sections 262.80 to 262.89, as amended, are incorporated by reference to apply to transfrontier shipments of hazardous waste.

Statutory Authority:

MS s 116.07

History:

31 SR 1277

Published Electronically:

October 10, 2013

7045.0325 APPENDIX TO GENERATOR STANDARDS; MANIFEST AND INSTRUCTIONS.

Subpart 1.

Incorporation.

The appendix found in Code of Federal Regulations, title 40, part 262, regarding the hazardous waste manifest and instructions, as amended, is incorporated by reference, subject to subpart 2.

Subp. 2.

Additions, modifications, and exceptions to incorporation.

A.

Where the instructions for the use of the manifest use the term "offeror," it shall only mean either the generator of the waste or the owner or operator of the designated facility.

B.

In item 18 of the instructions for the use of the manifest, references to discrepancies shall include all discrepancies and responses to discrepancies identified in parts 7045.0476 and 7045.0582.

Statutory Authority:

MS s 116.07

History:

31 SR 1277

Published Electronically:

October 10, 2013

7045.0350

[Repealed, 9 SR 115]

Published Electronically:

October 10, 2013

STANDARDS APPLICABLE TO TRANSPORTERS OF HAZARDOUS WASTE

7045.0351 APPLICABILITY AND EXEMPTIONS.

Subpart 1.

Applicability.

The provisions of parts 7045.0355 to 7045.0391 establish standards that apply to persons transporting hazardous waste that originates or terminates within the state of Minnesota if the transportation requires a manifest under parts 7045.0205 to 7045.0304. Parts 7045.0395 and 7045.0397 apply to the transportation of all hazardous waste within the state of Minnesota.

Subp. 2.

Exemptions.

The provisions of parts 7045.0355 to 7045.0397 do not apply to:

A.

the on-site transportation of hazardous waste by generators or by owners or operators of permitted hazardous waste management facilities; or

B.

hazardous waste that is sewered on-site and flows directly to a wastewater treatment facility operated according to a national pollutant discharge elimination system or a state disposal permit.

Statutory Authority:

MS s 116.07

History:

9 SR 115; 16 SR 2102

Published Electronically:

October 10, 2013

7045.0355 APPLICABILITY OF GENERATOR REQUIREMENTS.

A transporter of hazardous waste must comply with standards applicable to generators of hazardous waste if he or she transports hazardous waste into Minnesota from a foreign country or mixes hazardous waste of different United States Department of Transportation shipping descriptions, as described in Code of Federal Regulations, title 49, section 172.101, as amended, by placing them into a single container.

Statutory Authority:

MS s 116.07

History:

9 SR 115; 20 SR 715

Published Electronically:

October 10, 2013

7045.0360

[Repealed, 9 SR 115]

Published Electronically:

October 10, 2013

7045.0361 IDENTIFICATION NUMBERS.

A person who transports hazardous waste that originates or terminates in Minnesota must obtain an identification number on forms provided by the agency before transporting the hazardous waste.

Statutory Authority:

MS s 116.07

History:

9 SR 115; 22 SR 5

Published Electronically:

October 10, 2013

7045.0365 TRANSFER FACILITY REQUIREMENTS.

Subpart 1.

Applicability.

A transporter who stores manifested shipments of hazardous waste in containers meeting the requirements of part 7045.0270, subpart 4, at a transfer facility for a period of ten days or fewer is not subject to regulation under parts 7045.0450 to 7045.0649 and 7045.1390, and a hazardous waste facility permit with respect to the storage of those wastes. The owner or operator must notify the commissioner in writing of his or her activity.

Subp. 2.

Storage of less than 1,000 kilograms.

A transporter who stores less than 1,000 kilograms of hazardous waste is exempt from further regulation.

Subp. 3.

Storage of 1,000 kilograms or more.

A transporter who stores 1,000 kilograms or more of hazardous waste at any time shall comply with the following requirements:

A.

part 7045.0275, subparts 2 and 3;

B.

part 7045.0292, subpart 1, items D and E;

C.

part 7045.0556, subpart 5, items A, C, and D;

D.

part 7045.0558;

E.

part 7045.0562, subpart 1;

F.

part 7045.0566, subparts 2 to 4, and 6;

G.

part 7045.0572, subparts 2 to 6;

H.

part 7045.0626, subpart 4;

I.

the transporter shall keep at the transfer facility a written operating record that contains the following information for each shipment:

(1)

the generator name and manifest document number;

(2)

the date the waste was received by the transfer facility; and

(3)

the date the waste was shipped by the transfer facility; and

J.

storage areas must be protected from unauthorized access and inadvertent damage from vehicles or equipment.

Statutory Authority:

MS s 116.07

History:

9 SR 115; 10 SR 929; L 1987 c 186 s 15; 13 SR 1238; 18 SR 1565; 33 SR 2042

Published Electronically:

October 10, 2013

7045.0370

[Repealed, 9 SR 115]

Published Electronically:

October 10, 2013

7045.0371 TRANSPORTATION OF HAZARDOUS WASTE.

Hazardous waste shall be transported in accordance with all applicable requirements of Minnesota Statutes, sections 221.033 and 221.0341, and with 221.0355 if applicable, and Code of Federal Regulations, title 49, parts 171 to 199, as amended.

Statutory Authority:

MS s 116.07

History:

9 SR 115; 14 SR 976; 20 SR 715; 33 SR 2042

Published Electronically:

October 10, 2013

7045.0375 THE MANIFEST SYSTEM; GENERAL REQUIREMENTS.

Subpart 1.

Acceptance of shipment.

A transporter may not accept hazardous waste from a generator unless it is accompanied by a manifest signed by the generator according to part 7045.0265.

Subp. 1a.

Exports.

A.

In the case of exports, other than those subject to the requirements of Code of Federal Regulations, title 40, part 262, subpart H, Transfrontier Shipments of Hazardous Waste For Recovery Within the OECD, a transporter may not accept waste from a primary exporter or other person:

(1)

if the transporter knows the shipment does not conform to the EPA Acknowledgment of Consent; and

(2)

unless, in addition to a manifest signed by the generator, the waste is also accompanied by an EPA Acknowledgment of Consent that, except for shipment by rail, is attached to the manifest or, for bulk shipment exports by water, attached to the shipping paper.

B.

For exports of hazardous waste subject to the requirements of Code of Federal Regulations, title 40, part 262, subpart H, Transfrontier Shipments of Hazardous Waste For Recovery Within the OECD, a transporter may not accept hazardous waste without a tracking document that includes all information required by Code of Federal Regulations, title 40, section 262.84.

Subp. 2.

Prior to acceptance of shipment.

Before transporting the hazardous waste, the transporter must sign and date the manifest acknowledging acceptance of the hazardous waste from the generator. The transporter must return a signed copy to the generator before leaving the generator's property.

Subp. 3.

Manifest with shipment.

The transporter must ensure that the manifest accompanies the hazardous waste shipment and is maintained in an accessible location during transportation if required by part 7045.0381. In the case of exports, the transporter must ensure that a copy of the EPA Acknowledgment of Consent also accompanies the hazardous waste.

Statutory Authority:

MS s 116.07

History:

9 SR 115; 12 SR 1660; 16 SR 2102; 31 SR 1277

Published Electronically:

October 10, 2013

7045.0380

[Repealed, 9 SR 115]

Published Electronically:

October 10, 2013

7045.0381 USE OF MANIFEST.

Subpart 1.

Delivery of shipment.

A transporter who delivers a hazardous waste to another transporter or to the designated facility must:

A.

obtain the date of delivery and the handwritten signature of that transporter or of the owner or operator of the designated facility on the manifest;

B.

retain one copy of the manifest according to part 7045.0391; and

C.

give the remaining copies of the manifest to the accepting transporter or designated facility.

Subp. 2.

Delivery of bulk shipments by water.

The requirements of subpart 1 do not apply to bulk shipments by water if:

A.

the bulk shipment of hazardous waste is delivered by water to the designated facility;

B.

a shipping paper containing all the information required on the manifest, excluding the identification numbers, generator certification, and signatures, and, for exports, an EPA Acknowledgment of Consent accompanies the hazardous waste;

C.

the delivering transporter obtains the date of delivery and handwritten signature of the owner or operator of the designated facility on either the manifest or the shipping paper;

D.

the person delivering the hazardous waste to the initial bulk shipment water transporter obtains the date of delivery and signature of the bulk shipment water transporter on the manifest and forwards it to the designated facility; and

E.

a copy of the shipping paper or manifest is retained by each bulk shipment water transporter in accordance with part 7045.0391.

Subp. 3.

Delivery of shipments by rail.

The requirements of subparts 1 and 2 do not apply to shipments by rail and the requirements of items A to F do apply.

A.

When accepting hazardous waste from a nonrail transporter, the initial rail transporter must:

(1)

sign and date the manifest acknowledging acceptance of the hazardous waste;

(2)

return a signed copy of the manifest to the nonrail transporter;

(3)

forward at least three copies of the manifest to the next nonrail transporter, if any, or the designated facility, if the shipment is delivered to that facility by rail, or the last rail transporter designated to handle the waste in the United States; and

(4)

retain one copy of the manifest and rail shipping paper according to part 7045.0391.

B.

Rail transporters must ensure that a shipping paper containing all the information required on the manifest excluding the identification numbers, generator certification, and signatures and, for exports, an EPA Acknowledgment of Consent accompanies the hazardous waste at all times.

C.

Intermediate rail transporters are not required to sign either the manifest or shipping paper.

D.

When delivering hazardous waste to the designated facility, a rail transporter must:

(1)

obtain the date of delivery and handwritten signature of the owner or operator of the designated facility on the manifest or the shipping paper, if the manifest has not been received by the facility; and

(2)

retain a copy of the manifest or signed shipping paper according to part 7045.0391.

E.

When delivering hazardous waste to a nonrail transporter, a rail transporter must:

(1)

obtain the date of delivery and the handwritten signature of the next nonrail transporter on the manifest; and

(2)

retain a copy of the manifest according to part 7045.0391.

F.

Before accepting hazardous waste from a rail transporter, a nonrail transporter must sign and date the manifest and provide a copy to the rail transporter.

Subp. 4.

Transportation to foreign country from Minnesota.

Transporters who transport hazardous waste to a foreign country from Minnesota must:

A.

indicate on the manifest the date the hazardous waste left the United States;

B.

sign the manifest and retain one copy according to part 7045.0391;

C.

return a signed copy of the manifest to the generator; and

D.

give a copy of the manifest to a United States Customs official at the point of departure from the United States.

Subp. 5.

Use of an alternate manifest.

Transporters who transport hazardous waste accompanied by an alternate manifest as provided in part 7045.0075, subpart 5 must:

A.

for each shipment, record on a log or shipping paper the name, address, and identification number of the waste generator, the quantity of waste accepted, all United States Department of Transportation shipping information, and the date the waste was accepted;

B.

carry the information required in item A when transporting waste to the reclamation facility; and

C.

maintain a copy of the information required in item A and the reclamation agreement during the term of the agreement and for three years after termination or expiration of the agreement.

Statutory Authority:

MS s 116.07

History:

9 SR 115; 11 SR 1950; 12 SR 1660; 22 SR 5

Published Electronically:

October 10, 2013

7045.0385 COMPLIANCE WITH THE MANIFEST.

Subpart 1.

Acceptable destinations for shipments.

The transporter must deliver the entire quantity of hazardous waste which he or she has accepted from a generator or a transporter to:

A.

the designated facility listed on the manifest;

B.

the alternate designated facility if an emergency prevents delivery to the designated facility listed on the manifest;

C.

the next designated transporter; or

D.

the place outside the United States designated by the generator.

Subp. 2.

Return of shipment to generator.

A.

If the hazardous waste cannot be delivered according to subpart 1, because of an emergency condition other than the rejection of the waste by the designated facility, the transporter must immediately contact the generator for further instructions and must revise the manifest according to the generator's instructions.

B.

If hazardous waste is rejected by the designated facility while the transporter is on the facility's premises, the transporter must obtain the following:

(1)

for a partial load rejection or for regulated quantities of container residues, a copy of the original manifest that includes the facility's date and signature, the manifest tracking number of the new manifest that will accompany the shipment, and a description of the partial rejection or container residue in the discrepancy block of the original manifest. The transporter must retain a copy of this manifest according to part 7045.0391 and give the remaining copies of the original manifest to the rejecting designated facility. If the transporter is forwarding the rejected part of the shipment or a regulated container residue to an alternate facility or returning it to the generator, the transporter must obtain a new manifest to accompany the shipment and the new manifest must include all of the information required in parts 7045.0476, subparts 5 and 6, and 7045.0582, subparts 5 and 6; and

(2)

for a full load rejection that will be taken back by the transporter, a copy of the original manifest that includes the rejecting facility's signature and date attesting to the rejection, the description of the rejection in the discrepancy block of the manifest, and the name, address, telephone number, and identification number for the alternate facility or generator to whom the shipment must be delivered. The transporter must retain a copy of the manifest according to part 7045.0391 and give a copy of the manifest containing this information to the rejecting designated facility. If the original manifest is not used, the transporter must obtain a new manifest for the shipment and comply with parts 7045.0476, subparts 5 and 6, and 7045.0582, subparts 5 and 6.

Statutory Authority:

MS s 116.07

History:

9 SR 115; 31 SR 1277

Published Electronically:

October 10, 2013

7045.0390

[Repealed, 9 SR 115]

Published Electronically:

October 10, 2013

7045.0391 RECORD KEEPING.

Subpart 1.

Manifest.

A transporter of hazardous waste must keep a copy of the manifest signed by the generator, by himself or herself, and by the next designated transporter or the owner or operator of the designated facility for a period of three years from the date the hazardous waste was accepted by the initial transporter.

Subp. 2.

Manifest; bulk shipments by water.

For bulk shipments delivered by water to the designated facility, each bulk shipment water transporter must retain a copy of the shipping paper containing all the information required in part 7045.0381, subpart 2 for a period of three years from the date the hazardous waste was accepted by the initial transporter.

Subp. 3.

Manifest; shipments by rail.

The provisions of items A to C apply to shipments of hazardous waste by rail within the United States.

A.

The initial rail transporter must keep a copy of the manifest and shipping paper with all the information required in part 7045.0381, subpart 3, item B for a period of three years from the date the hazardous waste was accepted by the initial transporter.

B.

Intermediate rail transporters are not required to keep records pursuant to this part.

C.

The final rail transporter must keep a copy of the signed manifest or the shipping paper, if signed by the designated facility in lieu of the manifest, for a period of three years from the date the hazardous waste was accepted by the initial transporter.

Subp. 4.

Manifest; transportation out of United States.

A transporter who transports hazardous waste out of the United States must keep a copy of the manifest indicating that the hazardous waste left the United States for a period of three years from the date the hazardous waste was accepted by the initial transporter.

Subp. 5.

Extension of retention period.

The periods of retention referred to in subparts 1 to 4 are extended automatically during the course of any unresolved enforcement action regarding the regulated activity.

Statutory Authority:

MS s 116.07

History:

9 SR 115; 17 SR 1279

Published Electronically:

October 10, 2013

7045.0395 HAZARDOUS WASTE DISCHARGES.

Subpart 1.

Immediate action.

If during the course of transportation, a container is discovered to be broken or leaking, or a discharge of hazardous waste occurs, the transporter must take appropriate immediate action to protect human health and the environment including the notification of local authorities and the generator, and the diking of the discharge area. The generator shall render all reasonable assistance to the transporter in repackaging, packing, and cleaning up the waste so that the trip may be resumed. "All reasonable assistance" means providing the transporter with all necessary information about the waste and about procedures for repackaging, packing, and cleaning up the waste and, in addition, providing any physical assistance that the generator is uniquely suited to provide and for which the transporter is willing to bear the costs. Nothing in this provision, however, is intended to restrict or enlarge or affect in any way the liability the generator may have to repackage, pack, and clean up the waste.

Subp. 2.

Removal without a manifest.

If a discharge of hazardous waste occurs during transportation and an official of a state or local government or a federal agency acting within the scope of his or her official responsibilities determines that immediate removal of the waste is necessary to protect human health or the environment, that official may authorize the removal of the waste by transporters who do not have identification numbers and without the preparation of a manifest.

Subp. 3.

Notification.

An air, rail, highway, or water transporter who has discharged hazardous waste must:

A.

immediately notify the agency if the hazardous waste may cause pollution of the air, land, or waters of the state. The person shall use the appropriate Minnesota duty officer's 24-hour telephone notification service:

(1)

(651) 649-5451 for Twin Cities' local calling area and outside Minnesota;

(2)

(800) 422-0798 for greater Minnesota;

(3)

(651) 297-5353 for TDD for Twin Cities' local calling area and outside Minnesota; or

(4)

(800) 627-3529 for TDD for greater Minnesota;

B.

give notice, if required by Code of Federal Regulations, title 49, section 171.15, as amended, to the National Response Center (800) 424-8802 or (202) 426-2675;

C.

immediately notify the generator of any spill or leak during transit; and

D.

give the same notice as required by Code of Federal Regulations, title 33, section 153.203, as amended, for oil and hazardous substances if the transporter is a water transporter of bulk shipments.

Subp. 4.

Duty to recover.

A transporter who owns, has possession of, or otherwise has control of a hazardous waste that spills, leaks, or otherwise escapes from a container, vehicle tank, storage tank, portable tank, or other containment system, including its associated piping, shall recover the hazardous waste as rapidly and as thoroughly as possible and shall immediately take other action as may be reasonably possible to protect human life and health and minimize or abate pollution of the water, air, or land resources of the state caused thereby.

Subp. 5.

Reporting.

Any air, rail, highway, or water transporter who has discharged hazardous waste must:

A.

report in writing as required by Code of Federal Regulations, title 49, section 171.16, as amended, to the Information Systems Manager, PHH-63, Pipeline and Hazardous Materials Safety Administration, Department of Transportation, Washington, D.C. 20590-0001, or submit an electronic hazardous materials incident report to the Information Systems Manager, DHM-63, Pipeline and Hazardous Materials Safety Administration, Department of Transportation, Washington, D.C. 20590-0001 at http://hazmat.dot.gov;

B.

submit a copy or photocopy of the report required in item A within 15 days of the incident to the commissioner; and

C.

in the case of a spill or leakage of hazardous waste during transit, the amount spilled, the location of the spill site, and the name of the state or federal agency responsible for overseeing the cleanup of the site shall be noted on or attached to the hazardous waste manifest by the transporter.

Statutory Authority:

MS s 116.07

History:

9 SR 115; 11 SR 1832; L 1987 c 186 s 15; 18 SR 1565; 20 SR 715; 33 SR 2042

Published Electronically:

October 10, 2013

7045.0397 DELIVERY OF HAZARDOUS WASTE.

No person shall deliver hazardous waste to a hazardous waste facility or give hazardous waste to a transporter for shipment to a hazardous waste facility located in the state of Minnesota, if the facility operator has not obtained a hazardous waste facility permit from the agency unless the facility is specifically exempt from a hazardous waste facility permit pursuant to this chapter. Nothing in this provision is intended to require the transporter to undertake any evaluation of a waste to determine whether it is hazardous.

Statutory Authority:

MS s 116.07

History:

9 SR 115

Published Electronically:

October 10, 2013

7045.0400

[Repealed, 9 SR 115]

Published Electronically:

October 10, 2013

7045.0410

[Repealed, 9 SR 115]

Published Electronically:

October 10, 2013

7045.0420

[Repealed, 9 SR 115]

Published Electronically:

October 10, 2013

7045.0430

[Repealed, 9 SR 115]

Published Electronically:

October 10, 2013

FACILITY STANDARDS

7045.0450 FACILITIES GOVERNED BY FACILITY STANDARDS.

Subpart 1.

General requirements.

A.

Parts 7045.0450 to 7045.0551 apply to owners and operators of all facilities that treat, store, or dispose of hazardous waste except as specifically provided otherwise in this part or in parts 7045.0102 to 7045.0320.

B.

Parts 7045.0450 to 7045.0551 apply to the owners or operators of publicly owned treatment works that treat, store, or dispose of hazardous waste only to the extent they are included in a permit-by-rule granted under the agency's permitting procedures.

C.

Parts 7045.0450 to 7045.0551 apply to a person disposing of hazardous waste by means of ocean disposal subject to a permit issued under the Marine Protection, Research, and Sanctuaries Act of 1972, United States Code, title 16, sections 1431 to 1434, as amended, and United States Code, title 33, section 1401, as amended, only to the extent they are included in a permit-by-rule granted under the agency's permitting procedures. Parts 7045.0450 to 7045.0551 apply to the treatment or storage of hazardous waste before it is loaded onto an ocean vessel for incineration or disposal at sea.

D.

Parts 7045.0450 to 7045.0551 apply to the owners and operators of all facilities that treat, store, or dispose of hazardous waste referred to in part 7045.1390.

E.

The requirements of parts 7045.0452 to 7045.0470 and 7045.0485 do not apply to remediation waste management sites. The requirements of Code of Federal Regulations, title 40, section 264.1(j), as amended, are adopted by reference and apply to remediation waste management sites. In addition, the provisions of part 7045.0090 also apply.

Subp. 2.

Relationship to interim status standards.

A facility owner or operator who has fully complied with the requirements for interim status under part 7045.0554 shall comply with parts 7045.0552 to 7045.0649 in lieu of parts 7045.0450 to 7045.0551 until final administrative disposition of the permit application is made. The treatment, storage, or disposal of hazardous waste is prohibited except in accordance with a permit and except for the extent to which parts 7045.0552 to 7045.0649 provide for the continued operation of an existing facility which meets certain conditions until final administrative disposition of the owner's or operator's permit application is made, except as provided under parts 7045.0485, 7045.0545, and 7045.0546.

Subp. 3.

Exemptions.

The requirements of parts 7045.0450 to 7045.0551 do not apply to the following specific waste management units, facilities, or activities, although all other waste management activities of the owner or operator may be regulated:

A.

a facility managing recyclable hazardous wastes subject to regulation under part 7045.0125, 7045.0665, 7045.0675, or 7045.0685; however, this exemption does not apply where part 7045.0125, 7045.0665, 7045.0675, or 7045.0685 makes the requirements of parts 7045.0450 to 7045.0551 applicable by cross-reference;

B.

the accumulation of waste on-site in compliance with part 7045.0292;

C.

the disposal of waste pesticides from a farmer's own use in compliance with part 7045.0213, subpart 2;

D.

a totally enclosed treatment facility;

E.

an elementary neutralization unit, a pretreatment unit, or a wastewater treatment unit, but only if the unit does not receive hazardous waste from generators other than the owner or operator of the unit, provided that if the owner or operator is diluting hazardous ignitable (D001) wastes (other than the D001 High TOC Subcategory defined in Code of Federal Regulations, title 40, section 268.40, Table of Treatment Standards for Hazardous Wastes, as incorporated in part 7045.1390) or reactive (D003) waste to remove the characteristic before land disposal, the owner or operator must comply with part 7045.0456, subpart 2;

F.

the treatment, storage, or disposal of hazardous waste by the owner or operator of a publicly owned treatment works with respect to hazardous waste which is delivered to the treatment works by a transport vehicle or vessel or through a pipe, unless the requirements of parts 7045.0450 to 7045.0551 are included in a permit-by-rule;

G.

that portion of a combustion waste facility which is used to manage hazardous waste produced in conjunction with the combustion of fossil fuels provided that the wastes:

(1)

are generated on-site;

(2)

traditionally have been and actually are mixed with and codisposed or cotreated with fly ash, bottom ash, boiler slag, or flue gas emission control wastes from coal combustion; and

(3)

are necessarily associated with the production of energy; such as boiler cleaning solutions, boiler blowdown, demineralizer regenerant, pyrites, and cooling tower blowdown;

H.

the storage of manifested shipments of hazardous waste in containers meeting the requirements of part 7045.0270, subpart 4, at a transfer facility for a period of ten days or less in compliance with part 7045.0365;

I.

the addition of absorbent material to hazardous waste in a container or the addition of hazardous waste to absorbent material in a container, provided that these actions occur at the time waste is first placed in the container, and parts 7045.0456, subpart 2, and 7045.0526, subparts 2 and 3, are complied with;

J.

(1) except as provided in subitem (2), treatment or containment activities during immediate response to any of the following situations: a discharge of a hazardous waste, an imminent and substantial threat of a discharge of hazardous waste, or a discharge of a material which, when discharged, becomes a hazardous waste;

(2)

an owner or operator of a facility otherwise regulated by parts 7045.0450 to 7045.0551 shall comply with all applicable requirements of parts 7045.0395, 7045.0397, 7045.0454, and 7045.0462 to 7045.0470; or

(3)

a person who is covered by subitem (1) and who continues or initiates hazardous waste treatment or containment activities after the immediate response is over is subject to all applicable requirements of parts 7045.0450 to 7045.0551 and the agency's permitting procedures for those activities;

K.

treatment of hazardous waste by a generator in the generator's accumulation tanks or containers in accordance with part 7045.0292. If the treatment involves evaporation of aqueous waste or polymerization of polyester or other chemical fixation treatment processes in open containers, the generator is exempt from parts 7045.0450 to 7045.0551, but before beginning the treatment process must submit to the commissioner the information required under part 7045.0539, subpart 2, items A to C, that is relevant to the treatment activity and must be notified by the commissioner that the treatment activity is approved. The commissioner shall approve the treatment activity if the commissioner finds that the treatment activity will not endanger human health and the environment; or

L.

universal waste handlers and universal waste transporters when managing universal waste under part 7045.1400.

Statutory Authority:

MS s 116.07

History:

9 SR 115; 10 SR 929; 10 SR 1688; 13 SR 1238; 16 SR 2102; 18 SR 1565; 20 SR 714; 20 SR 715; 22 SR 5; 29 SR 947; 30 SR 43; 33 SR 2042

Published Electronically:

October 10, 2013

7045.0452 GENERAL FACILITY STANDARDS.

Subpart 1.

Scope.

The requirements of subparts 2 to 5 apply to owners and operators of all hazardous waste facilities except as provided by part 7045.0450.

Subp. 2.

Identification number.

Every facility owner or operator shall apply for an identification number in accordance with the agency's procedures.

Subp. 3.

Required notices.

The owner or operator of a facility shall give notice in the following situations:

A.

The owner or operator of a facility that has arranged to receive hazardous waste from a foreign source shall notify the commissioner as well as the Environmental Protection Agency's Region V administrator in writing at least four weeks in advance of the date the waste is expected to arrive at the facility. Notice of subsequent shipments of the same waste from the same foreign source is not required.

B.

No facility owner or operator may accept a shipment of hazardous waste which he or she is not allowed to manage under the hazardous waste facility permit. The owner or operator shall notify the commissioner immediately upon receiving the hazardous wastes.

C.

Except when the owner or operator is also the generator, the owner or operator of a facility that receives hazardous waste from an off-site source shall inform the generator in writing that he or she has the appropriate permit or permits for, and will accept, the waste the generator is shipping. The owner or operator shall keep a copy of this written notice as part of the operating record.

D.

Before transferring ownership or operation of a facility during its operating life, or of a disposal facility during the postclosure care period, the owner or operator shall notify the new owner or operator in writing of the requirements of parts 7045.0450 to 7045.0551 and all permit requirements. An owner's or operator's failure to notify the new owner or operator of these requirements does not relieve the new owner or operator of the obligation to comply with all applicable requirements.

E.

The owner or operator of a recovery facility that has arranged to receive hazardous waste subject to part 7045.0322 must provide a copy of the tracking document bearing all required signatures to the notifier, to the Office of Enforcement and Compliance Assurance, Office of Federal Activities, International Compliance Assurance Division (2254A), Environmental Protection Agency, 1200 Pennsylvania Avenue N.W., Washington, DC 20460, and to the competent authorities of all other concerned countries within three working days of receipt of the shipment. The original of the signed tracking document must be maintained at the facility for at least three years.

Subp. 4.

Security.

The owner or operator shall prevent the unknowing entry, and minimize the possibility for the unauthorized entry, of persons or livestock onto the active portion of the facility, unless he or she can demonstrate to the commissioner in the permit application that:

A.

physical contact with the waste, structures, or equipment within the active portion of the facility will not injure unknowing or unauthorized persons or livestock which could enter the active portion of a facility; and

B.

disturbance of the waste or equipment by the unknowing or unauthorized entry of persons or livestock onto the active portion of a facility will not cause a violation of parts 7045.0450 to 7045.0551.

Unless the owner or operator has made a successful demonstration in the permit application that has been approved by the commissioner, a facility must have a 24-hour surveillance system which continuously monitors and controls entry onto the active portion of the facility, or an artificial or natural barrier which completely surrounds the active portion of the facility and a means to control entry at all times through the gates or other entrances to the active portion of the facility.

Unless the owner or operator has made a successful demonstration in the permit application that has been approved by the commissioner, a sign with the legend, "Danger - Unauthorized Personnel Keep Out," must be posted at each entrance to the active portion of a facility and at other locations in sufficient numbers to be seen from any approach to the active portion. The legend must be written in English and in any other language predominant in the area surrounding the facility and must be legible from a distance of at least 25 feet. Existing signs with a legend other than "Danger - Unauthorized Personnel Keep Out" may be used if the legend on the sign indicates that only authorized personnel are allowed to enter the active portion and that entry onto the active portion can be dangerous.

Subp. 5.

General inspection requirements.

General inspection requirements include the following:

A.

The owner or operator shall inspect the facility for malfunctions and deterioration, operator errors, and discharges which may be causing or may lead to the release of hazardous waste constituents to the environment or a threat to human health. The owner or operator shall conduct these inspections often enough to identify problems in time to correct them before they harm human health or the environment.

B.

The owner or operator shall develop and follow a written schedule for inspecting monitoring equipment, safety and emergency equipment, security devices, and operating and structural equipment that are important to preventing, detecting, or responding to environmental or human health hazards. This schedule must be kept at the facility. The schedule must identify the types of problems which are to be looked for during the inspection such as inoperative sump pumps, leaking fittings, and eroding dikes.

C.

The frequency of inspection may vary for the items on the schedule. However, the frequency must be based on the rate of possible deterioration of the equipment and the probability of an environmental or human health incident if the deterioration, malfunction, or any operator error goes undetected between inspections. Areas subject to spills, such as loading and unloading areas, must be inspected daily when in use. At a minimum, the inspection schedule must include the terms and frequencies called for in parts 7045.0526, subpart 5; 7045.0528, subparts 4 and 7; 7045.0532, subpart 5; 7045.0534, subpart 6; 7045.0536, subpart 6; 7045.0538, subpart 5; 7045.0539, subpart 3; and 7045.0542, subpart 7; and the process vent, equipment leak, and tank, surface impoundment, and container standards in Code of Federal Regulations, title 40, sections 264.1033, 264.1052, 264.1053, 264.1058, as amended, and sections 264.1083 to 264.1089, as incorporated in part 7045.0540, where applicable. The inspection schedule must be submitted with the permit application. The commissioner shall evaluate the schedule along with the rest of the application to ensure that it adequately protects human health and the environment. As part of this review, the commissioner may modify or amend the schedule as necessary.

D.

The owner or operator shall remedy any deterioration or malfunction of equipment or structures which the inspection reveals on a schedule which ensures that the problem does not lead to an environmental or human health hazard. Where a hazard is imminent or has already occurred, remedial action must be taken immediately.

E.

The owner or operator shall record inspections in an inspection log or summary and shall keep these records for at least three years from the date of inspection. These records must include the date and time of the inspection, the name of the inspector, a notation of the observation made, and the date and nature of any repairs or other remedial actions.

Statutory Authority:

MS s 116.07; 116.37

History:

9 SR 115; L 1987 c 186 s 15; 13 SR 259; 13 SR 2761; 16 SR 2321; 18 SR 1886; 29 SR 947; 31 SR 1277; 33 SR 2042

Published Electronically:

October 10, 2013

7045.0454 PERSONNEL TRAINING.

Subpart 1.

General.

Hazardous waste facility personnel shall successfully complete a program of classroom instruction or on-the-job training that teaches them to perform their duties in a way that ensures the facility's compliance with the requirements of this chapter. The owner or operator shall ensure that this program includes all the elements described in the document required by subpart 6, item C.

Subp. 2.

Program director.

The training program must be directed by a person trained in hazardous waste management procedures.

Subp. 3.

Minimum program requirements.

The training program must include instruction which teaches facility personnel hazardous waste management procedures relevant to the positions in which they are employed, including contingency plan implementation procedures. The training program must be designed to ensure that facility personnel are able to respond effectively to emergencies by familiarizing them with emergency procedures, emergency equipment, and emergency systems, including, where applicable:

A.

procedures for using, inspecting, repairing, and replacing facility emergency and monitoring equipment;

B.

key parameters for automatic waste feed cutoff systems;

C.

communications or alarm systems;

D.

procedures for response to fires or explosions;

E.

procedures for response to ground water contamination incidents; and

F.

procedures for shutdown of operations.

Subp. 4.

Effective date.

Facility personnel shall successfully complete the program required in subpart 3 within six months after the date of their employment or assignment to a facility or assignment to a new position at a facility. Facility personnel not subject to the requirements of Code of Federal Regulations, title 40, section 264.18, as amended, shall successfully complete the program required in subpart 3 within six months after the date of their employment or assignment to a facility or assignment to a new position at a facility. Employees hired after July 16, 1984 shall not work in unsupervised positions until they have completed the training requirements of subparts 1 to 3.

Subp. 5.

Training review.

Facility personnel shall take part at least once per calendar year in a review of the initial training required in subparts 1 to 3.

Subp. 6.

Personnel records.

The following documents and records must be maintained at the facility:

A.

the job title for each position at the facility related to hazardous waste management and the name of the employee filling each job;

B.

a written job description for each position at the facility related to hazardous waste. This description may be consistent in its degree of specificity with descriptions for other similar positions in the same company location or bargaining unit, but must include the requisite skill, education, or other qualifications and duties of employees assigned to each position;

C.

a written description of the type and amount of both introductory and continuing training that will be given to each person filling a position described in item A; and

D.

records that document that the training or job experience required under subparts 1 to 5 has been given to, and completed by, facility personnel.

Subp. 7.

Record retention.

Training records on current personnel must be kept until closure of the facility. Training records on former employees must be kept for at least three years from the date the employee last worked at the facility. Personnel training records may accompany personnel transferred within the same company.

Statutory Authority:

MS s 116.07

History:

9 SR 115; 14 SR 2248; 20 SR 715; 22 SR 5

Published Electronically:

October 10, 2013

7045.0456 GENERAL REQUIREMENTS FOR IGNITABLE, REACTIVE, OR INCOMPATIBLE WASTE.

Subpart 1.

Required notices.

The owner or operator shall take precautions to prevent accidental ignition or reaction of ignitable or reactive waste. This waste must be separated and protected from sources of ignition or reaction, including but not limited to open flames, smoking, cutting and welding, hot surfaces, frictional heat, static sparks, electrical sparks, mechanical sparks, spontaneous ignition, and radiant heat. While ignitable or reactive waste is being handled, the owner or operator shall confine smoking and open flame to specially designated locations. "No Smoking" signs must be conspicuously placed wherever there is a hazard from ignitable or reactive waste.

Subp. 1a.

Segregation of incompatible waste.

Hazardous waste that is incompatible with any waste or other materials located nearby must be adequately separated from the other materials or protected from them by means of a dike, berm, wall, or other device.

Subp. 2.

Required precautions.

When specifically required by other rules in this chapter, the owner or operator of a facility that treats, stores, or disposes of ignitable or reactive waste or mixes incompatible waste or incompatible wastes and other materials, shall take precautions to prevent reactions which:

A.

generate extreme heat, pressure, fire, explosions, or violent reactions unless the process has a permit to handle these types of reactions;

B.

produce uncontrolled toxic mists, fumes, dusts, or gases in sufficient quantities to threaten human health or the environment;

C.

produce uncontrolled flammable fumes or gases in sufficient quantities to pose a risk of fire or explosions;

D.

damage the structural integrity of the device or facility; or

E.

through other like means threaten human health or the environment.

Subp. 3.

Documentation of compliance.

When required to comply with this part, the owner or operator shall document that compliance. This documentation may be based on reference to published scientific or engineering literature, data from trial tests, waste analyses, or the results of the treatment of similar wastes by similar treatment processes and under similar operating conditions.

Statutory Authority:

MS s 116.07

History:

9 SR 115; 20 SR 715

Published Electronically:

October 10, 2013

7045.0458 WASTE ANALYSIS REQUIREMENTS.

Subpart 1.

Waste analysis.

Waste analysis procedures are listed in items A to D.

A.

Before an owner or operator treats, stores, or disposes of any hazardous waste, or nonhazardous waste if applicable under part 7045.0488, subpart 2a, the owner or operator shall obtain a detailed chemical and physical analysis of a representative sample of the waste. This analysis must contain all the information which must be known in order to treat, store, or dispose of the waste in accordance with the requirements of parts 7045.0450 to 7045.0551 and 7045.1390, or with the conditions of a permit issued under the agency's permitting procedures.

B.

The analysis may include data developed under parts 7045.0102 to 7045.0155 and existing published or documented data on the hazardous waste or on hazardous waste generated from similar processes, including data obtained from the generator.

C.

The analysis must be repeated as necessary to ensure that it is accurate and up-to-date. The analysis must be repeated at the following times:

(1)

when the owner or operator is notified, or has reason to believe, that the process or operation generating the hazardous waste, or nonhazardous waste if applicable under part 7045.0488, subpart 2a, has changed; and

(2)

for off-site facilities, when the results of the inspection required in item D indicate that the hazardous waste received at the facility does not match the waste designated on the accompanying manifest or shipping paper.

D.

The owner or operator of an off-site facility shall inspect and, if necessary, analyze each hazardous waste movement received at the facility to determine whether it matches the identity of the waste specified on the accompanying manifest or shipping paper.

Subp. 2.

Waste analysis plan.

The owner or operator shall develop and follow a written waste analysis plan which describes the procedures that will be used to comply with subpart 1. The owner or operator shall keep this plan at the facility. The plan must specify:

A.

the parameters for which each hazardous waste, or nonhazardous waste if applicable under part 7045.0488, subpart 2a, will be analyzed and the rationale for the selection of these parameters;

B.

the test methods which will be used to test for these parameters;

C.

the sampling method which will be used to obtain a representative sample of the waste to be analyzed. A representative sample may be obtained using either:

(1)

one of the sampling methods described in Code of Federal Regulations, title 40, part 261, appendix I, as amended; or

(2)

an equivalent sampling method as approved by the commissioner;

D.

the frequency with which the initial analysis of the waste will be reviewed or repeated to ensure that the analysis is accurate and up-to-date;

E.

for off-site facilities, the waste analyses that hazardous waste generators have agreed to supply;

F.

where applicable, the methods that will be used to meet the additional waste analysis requirements for specific waste management methods as specified in parts 7045.0456; 7045.0538, subpart 10; 7045.0542, subpart 2; and Code of Federal Regulations, title 40, section 268.7, as incorporated in part 7045.1390; and the process vent, equipment leak, and tank, surface impoundment, and container test methods and procedures in Code of Federal Regulations, title 40, sections 264.1034(d), 264.1063(d), as amended, and section 264.1083, as incorporated in part 7045.0540;

G.

for off-site facilities, the waste analysis plan must also specify the procedures that will be used to inspect and, if necessary, analyze each movement of hazardous waste received at the facility to ensure that it matches the identity of the waste designated on the accompanying manifest or shipping paper. The plan must describe:

(1)

the procedures that will be used to determine the identity of each movement of waste managed at the facility;

(2)

the sampling method that will be used to obtain a representative sample of the waste to be identified, if the identification method includes sampling. The waste analysis plan must be submitted with the permit application; and

(3)

the procedure that the owner or operator of an off-site landfill receiving containerized hazardous waste will use to determine whether a hazardous waste generator or treater has added a biodegradable sorbent to the waste in the container;

H.

for surface impoundments exempted from the land disposal restrictions under Code of Federal Regulations, title 40, section 268.4, as incorporated in part 7045.1390, the procedures and schedules for:

(1)

the sampling of impoundment contents;

(2)

the analysis of test data; and

(3)

the annual removal of residues which are not delisted under part 7045.0075, subpart 2, or which exhibit a characteristic of hazardous waste under part 7045.0131, and either do not meet the treatment standards of Code of Federal Regulations, title 40, sections 268.40 to 268.42, as incorporated in part 7045.1390, or, where no treatment standards have been established, such residues are prohibited from land disposal under Code of Federal Regulations, title 40, sections 268.30 to 268.35, as incorporated in part 7045.1390, or RCRA section 3004(d); and

I.

for owners and operators seeking an exemption to the air emission standards of part 7045.0540 in accordance with Code of Federal Regulations, title 40, section 264.1082, as incorporated in part 7045.0540:

(1)

if direct measurement is used for the waste determination, the procedures and schedules for waste sampling and analysis and the results of the analysis of test data to verify the exemption; and

(2)

if knowledge of the waste is used for the waste determination, any information prepared by the facility owner or operator or by the generator of the hazardous waste, if the waste is received from off site, that is used as the basis for knowledge of the waste.

Statutory Authority:

MS s 116.07; 116.37

History:

9 SR 115; 11 SR 1832; L 1987 c 186 s 15; 13 SR 1238; 16 SR 1225; 16 SR 2102; 16 SR 2239; 16 SR 2321; 18 SR 1565; 20 SR 715; 29 SR 947; 33 SR 2042

Published Electronically:

October 10, 2013

7045.0460 LOCATION STANDARDS.

Subpart 1.

Floodplains.

A facility located in a 100-year floodplain must be designed, constructed, operated, and maintained to prevent washout of any hazardous waste by a 100-year flood unless the owner or operator can demonstrate to the commissioner that the conditions in item A or B are met:

A.

Procedures are in effect which will cause the waste to be removed safely before flood waters can reach the facility to a location where the wastes will not be vulnerable to floodwaters. The location to which wastes are moved must be a facility which is either permitted by this agency, the Environmental Protection Agency, or by a state with a hazardous waste management program authorized by the Environmental Protection Agency, or which has interim status.

B.

For existing surface impoundments, waste piles, land treatment units, landfills, and miscellaneous units, no adverse effects on human health or the environment will result if washout occurs, considering:

(1)

the volume and physical and chemical characteristics of the waste in the facility;

(2)

the concentration of hazardous constituents that would potentially affect surface waters as a result of washout;

(3)

the impact of such concentrations on the current or potential uses of and water quality standards established for the affected surface waters; and

(4)

the impact of hazardous constituents on the sediments of affected surface waters or the soils of the 100-year floodplain that could result from washout.

As used in this subpart, "100-year floodplain" means any land area which is subject to a one percent or greater chance of flooding in any given year from any source; "washout" means the flow of hazardous waste from the active portion of the facility, the buildings, or equipment as a result of flooding; and "100-year flood" means a flood that has a one percent chance of being equalled or exceeded in any given year.

Subp. 2.

Other location standards.

No facility may be established or constructed in a wetland or within a shoreland.

No facility may be established or constructed in a location where the topography, geology, hydrology, or soil is unsuitable for the protection of the ground water and the surface water. Factors to be used in determining unsuitability of a site include:

A.

proximity to lakes, streams, or ponds;

B.

proximity to and type of bedrock;

C.

presence of natural aquicludes to protect ground water;

D.

value of the ground water as a water supply; and

E.

ground water flow patterns, particularly if the site is located in a zone of recharge to aquifers usable as sources of drinking water.

No facility may be established or constructed in a location where facility activity would result in emissions of air contaminants causing the violation of the ambient air quality standards established in parts 7009.0010 to 7009.0080.

Subp. 3.

Underground mines and caves.

The placement of any noncontainerized or bulk liquid hazardous waste in any salt dome formation, salt bed formation, or underground mine or cave is prohibited.

Statutory Authority:

MS s 116.07

History:

9 SR 115; 11 SR 1832; L 1987 c 186 s 15; 13 SR 2761

Published Electronically:

October 10, 2013

7045.0461 CONSTRUCTION QUALITY ASSURANCE PROGRAM.

Subpart 1.

Construction quality assurance program.

A construction quality assurance program is required for all surface impoundment, waste pile, and landfill units that are required to comply with parts 7045.0532, subpart 3, items C and H; 7045.0534, subpart 3, items C and D; and 7045.0538, subpart 3, items C and K. The program must ensure that the constructed unit meets or exceeds all design criteria and specifications in the permit. The program must be developed and implemented under the direction of a construction quality assurance officer who is a registered professional engineer.

The construction quality assurance program must address the following physical components, where applicable:

A.

foundations;

B.

dikes;

C.

low-permeability soil liners;

D.

geomembranes (flexible membrane liners);

E.

leachate collection and removal systems and leak detection systems; and

F.

final cover systems.

Subp. 2.

Written construction quality assurance plan.

The owner or operator of units subject to the construction quality assurance program under subpart 1 must develop and implement a written construction quality assurance plan. The plan must identify steps that will be used to monitor and document the quality of materials and the condition and manner of their installation. The construction quality assurance plan must include:

A.

Identification of applicable units, and a description of how they will be constructed.

B.

Identification of key personnel in the development and implementation of the construction quality assurance plan, and construction quality assurance officer qualifications.

C.

A description of inspection and sampling activities for all unit components identified in subpart 1, including observations and tests that will be used before, during, and after construction to ensure that the construction materials and the installed unit components meet the design specifications. The description must cover sampling size and locations, frequency of testing, data evaluation procedures, acceptance and rejection criteria for construction materials, plans for implementing corrective measures, and data or other information to be recorded and retained in the operating record under part 7045.0478.

Subp. 3.

Contents of program.

A.

The construction quality assurance program must include observations, inspections, tests, and measurements sufficient to ensure:

(1)

structural stability and integrity of all components of the unit identified in subpart 1;

(2)

proper construction of all components of the liners, leachate collection and removal system, leak detection system, and final cover system, according to permit specifications and good engineering practices, and proper installation of all components (e.g. pipes) according to design specifications; and

(3)

conformity of all materials used with design and other material specifications under parts 7045.0532, 7045.0534, and 7045.0538.

B.

The construction quality assurance program shall include test fills for compacted soil liners, using the same compaction methods as in the full scale unit, to ensure that the liners are constructed to meet the hydraulic conductivity requirements of parts 7045.0532, subpart 3, item C, subitem (1), unit (a), subunit ii; 7045.0534, subpart 3, item C, subitem (1), unit (a), subunit ii; and 7045.0538, subpart 3, item C, subitem (1), unit (a), subunit ii, in the field. Compliance with the hydraulic conductivity requirements must be verified by using in-situ testing on the constructed test fill. The commissioner may accept an alternative demonstration, in lieu of a test fill, where data are sufficient to show that a constructed soil liner will meet the hydraulic conductivity requirements of parts 7045.0532, subpart 3, item C, subitem (1), unit (a), subunit ii; 7045.0534, subpart 3, item C, subitem (1), unit (a), subunit ii; and 7045.0538, subpart 3, item C, subitem (1), unit (a), subunit ii, in the field.

Subp. 4.

Certification.

Waste shall not be received in a unit subject to part 7045.0461 until the owner or operator has submitted to the commissioner by certified mail or hand delivery a certification signed by the construction quality assurance officer that the approved construction quality assurance plan has been successfully carried out and that the unit meets the requirements of parts 7045.0532, subpart 3, items C and H; 7045.0534, subpart 3, items C and D; and 7045.0538, subpart 3, items C and K; and the procedure in part 7001.0150, subpart 3, item M, has been completed. Documentation supporting the construction quality assurance officer's certification must be furnished to the commissioner upon request.

Statutory Authority:

MS s 116.07; 116.37

History:

18 SR 1886

Published Electronically:

October 10, 2013

7045.0462 PREPAREDNESS AND PREVENTION.

Subpart 1.

Scope.

The provisions of subparts 2 to 6 apply to owners and operators of all hazardous waste facilities except as otherwise provided in part 7045.0450.

Subp. 2.

Design and operation of facility.

Facilities must be designed, constructed, maintained, and operated to minimize the possibility of a fire, explosion, or any unplanned sudden or nonsudden release to air, land, or water of hazardous waste or hazardous waste constituents which could threaten human health or the environment.

Subp. 3.

Required equipment.

All facilities must be equipped with the following, unless it can be demonstrated to the commissioner that none of the hazards posed by waste handled at the facility could require the particular equipment specified below:

A.

an internal communications or alarm system capable of providing immediate emergency instruction by voice or signal to facility personnel;

B.

a device, such as a telephone or a hand-held two-way radio, which is immediately available at the scene of operations and which is capable of summoning emergency assistance from local police departments, fire departments, or state or local emergency response teams;

C.

portable fire extinguishers, spill control equipment, decontamination equipment, and fire control equipment, including special extinguishing devices such as those using foam, inert gas, or dry chemicals; and

D.

water at adequate volume and pressure to supply water hose streams, foam producing equipment, automatic sprinklers, or water spray systems.

Subp. 4.

Testing and maintenance of equipment.

All facility communications or alarm systems, fire protection equipment, spill control equipment, and decontamination equipment, where required, must be tested and maintained as necessary to ensure proper operation in time of emergency.

Subp. 5.

Access to communications or alarm system.

Whenever hazardous waste is being poured, mixed, spread, or otherwise handled, all personnel involved in the operation shall have immediate access to an internal alarm or emergency communication device, either directly or through visual or voice contact with another employee, unless the commissioner has ruled that such a device is not required under subpart 3.

If at any time only one employee is on the premises while the facility is operating, that employee shall have immediate access to a device, such as a telephone or a hand-held, two-way radio, which is immediately available at the scene of operation and which is capable of summoning external emergency assistance unless the commissioner has ruled that such a device is not required under subpart 3.

Subp. 6.

Required aisle space.

The owner or operator shall maintain aisle space to allow the unobstructed movement of personnel, fire protection equipment, spill control equipment, and decontamination equipment to any area of facility operation in an emergency unless it can be demonstrated to the commissioner that aisle space is not needed for any of these purposes.

Statutory Authority:

MS s 116.07

History:

9 SR 115; L 1987 c 186 s 15

Published Electronically:

October 10, 2013

7045.0464 ARRANGEMENTS WITH LOCAL AUTHORITIES FOR EMERGENCIES.

Subpart 1.

Arrangements required.

The owner or operator shall attempt to make the following arrangements, as appropriate for the type of waste handled at the facility and the potential need for the services of these organizations:

A.

arrangements to familiarize the police, fire departments, and emergency response teams with the location of storage and accumulation areas within the facility, properties of hazardous waste handled at the facility and associated hazards, places where facility personnel would normally be working, entrances to and roads inside the facility, and possible evacuation routes;

B.

if more than one police and fire department might respond to an emergency, agreements designating primary emergency authority to a specific police and a specific fire department, and agreements with any others to provide support to the primary emergency authority;

C.

agreements with state emergency response teams, emergency response contractors, and equipment suppliers; and

D.

arrangements to familiarize local hospitals with the properties of hazardous waste handled at the facility and the types of injuries or illnesses which could result from fires, explosions, or releases at the facility.

Subp. 2.

Refusal by authorities.

If state or local authorities decline to enter into arrangements required under subpart 1, the owner or operator shall document the refusal in the operating record.

Subp. 3.

Record keeping.

The owner or operator shall document attempts under subpart 1 to make arrangements with local authorities in the operating record.

Statutory Authority:

MS s 116.07

History:

9 SR 115; 18 SR 1565

Published Electronically:

October 10, 2013

7045.0466 CONTINGENCY PLAN.

Subpart 1.

Scope.

The provisions of subparts 2 to 6, parts 7045.0464, 7045.0468, and 7045.0470 apply to owners and operators of all hazardous waste facilities except as otherwise provided in part 7045.0450.

Subp. 2.

General requirements.

Each owner or operator shall have a contingency plan for the facility. The contingency plan must be designed to minimize hazards to human health or the environment from fires, explosions, or any unplanned sudden or nonsudden release of hazardous waste or hazardous waste constituents to air, land, or water.

Subp. 3.

Implementation of plan.

The provisions of the plan must be carried out immediately whenever there is a fire, explosion, or release of hazardous waste or hazardous waste constituents which could threaten human health or the environment.

Subp. 4.

Content of contingency plan.

The contingency plan must contain the following:

A.

A description of the actions that facility personnel shall take to comply with subparts 2 and 3, and part 7045.0468.

B.

If the owner or operator has already prepared a Spill Prevention, Control, and Countermeasures Plan in accordance with Code of Federal Regulations, title 40, parts 112 and 1510, as amended, or another emergency or contingency plan, that plan must only be amended to incorporate hazardous waste management provisions that are sufficient to comply with the requirements of this chapter.

C.

A description of arrangements agreed to by local police departments, fire departments, hospitals, contractors, and state and local emergency response teams to coordinate emergency services pursuant to part 7045.0464.

D.

An up-to-date list of names, addresses, and office and home telephone numbers of all persons qualified to act as emergency coordinator. If more than one person is listed, one must be named as primary emergency coordinator and others must be listed in the order in which they will assume responsibility as alternates. For new facilities, this information must be supplied to the commissioner at the time of certification rather than at the time of permit application.

E.

A list of all emergency equipment at the facility such as fire extinguishing systems, spill control equipment, internal and external communications and alarm systems, and decontamination equipment, where this equipment is required. This list must be kept up-to-date. In addition, the plan must include the location and a physical description of each item on the list and a brief outline of its capabilities.

F.

An evacuation plan for facility personnel where there is a possibility that evacuation could be necessary. This plan must describe the signal or signals to be used to begin evacuation, evacuation routes, and alternate evacuation routes in cases where the primary routes could be blocked by the release of hazardous waste or fire.

Subp. 5.

Copies of contingency plan.

A copy of the contingency plan and all revisions to the plan must be:

A.

maintained at the facility;

B.

submitted to all local police departments, fire departments, hospitals, and state and local emergency response teams that may be called upon to provide emergency services; and

C.

submitted to the commissioner with the permit application and, after modification or approval, will become a condition of any permit issued.

Subp. 6.

Amendment of contingency plan.

The contingency plan must be reviewed, and immediately amended if necessary, whenever:

A.

the facility permit is revised;

B.

the plan fails in an emergency;

C.

the facility changes in its design, construction, operation, maintenance, or other circumstances in a way that materially increases the potential for fires, explosions, or the release of hazardous waste or hazardous waste constituents, or changes the response necessary in an emergency;

D.

the list of emergency coordinators changes; or

E.

the list of emergency equipment changes.

Statutory Authority:

MS s 116.07

History:

9 SR 115; L 1987 c 186 s 15; 20 SR 715

Published Electronically:

October 10, 2013

7045.0468 EMERGENCY PROCEDURES.

Subpart 1.

Emergency coordinator.

At all times, there must be at least one employee either on the facility premises or on call with the responsibility for coordinating all emergency response measures. This emergency coordinator shall be thoroughly familiar with all aspects of the facility's contingency plan, all operations and activities at the facility, the location and characteristics of waste handled, the location of all records within the facility, and the facility layout. This person shall also have the authority to commit the resources needed to carry out the contingency plan. Applicable responsibilities for the emergency coordinator vary, depending on factors such as type and variety of waste handled by the facility and type and complexity of the facility.

Subp. 2.

Notification of emergency.

Whenever the contingency plan is implemented, the emergency coordinator or designee when the emergency coordinator is on call, shall immediately activate internal facility alarms or communication systems, where applicable, to notify all facility personnel and notify appropriate state or local agencies with designated response roles with at least the information listed in subparts 3 and 4.

Subp. 3.

Identification of released material.

Whenever the contingency plan is implemented, the emergency coordinator shall immediately identify the character, exact source, amount, and areal extent of any released materials. He or she may do this by observation or review of facility records or manifests, and, if necessary, by chemical analysis.

Subp. 4.

Assessment of hazards.

Concurrently, the emergency coordinator shall assess possible hazards to human health or the environment that may result from the event that required the implementation of the contingency plan. This assessment must consider both direct and indirect effects of the release, fire, or explosion; the effects of any toxic, irritating, or asphyxiating gases that are generated; and the effects of any hazardous surface water run-off from water or chemical agents used to control fire and heat-induced explosions.

Subp. 5.

Report on released material.

If the emergency coordinator determines that the effects of an event requiring the contingency plan to be implemented could threaten human health or the environment outside the facility, the findings must be reported as provided in items A to C.

A.

If the assessment indicates that evacuation of local areas may be advisable, the appropriate local authorities must be immediately notified, and the emergency coordinator shall be available to help appropriate officials decide whether local areas should be evacuated.

B.

The Minnesota duty officer must be immediately notified at the appropriate 24-hour telephone number:

(1)

(651) 649-5451 for Twin Cities' local calling area and outside Minnesota;

(2)

(800) 422-0798 for greater Minnesota;

(3)

(651) 297-5353 for TDD for Twin Cities' local calling area and outside Minnesota; or

(4)

(800) 627-3529 for TDD for greater Minnesota.

C.

Notice must be given to the National Response Center using its 24-hour toll-free telephone number, (800) 424-8802. The report must include:

(1)

name and telephone number of reporter;

(2)

name and address of facility;

(3)

time and type of incident;

(4)

name and quantity of material involved, to the extent known;

(5)

the extent of injuries, if any; and

(6)

the possible hazards to human health or the environment outside the facility.

Subp. 6.

Duty to notify.

The emergency coordinator shall immediately notify the Minnesota duty officer if the released hazardous waste may cause pollution of the air, land resources, or waters of the state. The emergency coordinator shall use the appropriate Minnesota duty officer's 24-hour telephone number:

A.

(651) 649-5451 for Twin Cities' local calling area and outside Minnesota;

B.

(800) 422-0798 for greater Minnesota;

C.

(651) 297-5353 for TDD for Twin Cities' local calling area and outside Minnesota; or

D.

(800) 627-3529 for TDD for greater Minnesota.

Subp. 7.

Containment measures.

During an event that requires the implementation of the contingency plan, the emergency coordinator shall take all reasonable measures necessary to ensure that fires, explosions, and releases do not occur, recur, or spread to other hazardous waste at the facility. These measures must include, where applicable, stopping processes and operations, collecting and containing released waste, and removing or isolating containers.

Subp. 8.

Facility monitoring.

If the facility stops operations in response to an event requiring the implementation of the contingency plan, the emergency coordinator shall monitor for leaks, pressure buildup, gas generation, or ruptures in valves, pipes, or other equipment, wherever this is appropriate.

Statutory Authority:

MS s 116.07

History:

9 SR 115; 11 SR 1832; 18 SR 1565

Published Electronically:

October 10, 2013

7045.0470 POST EMERGENCY REQUIREMENTS.

Subpart 1.

Cleanup.

Immediately after an event requiring the implementation of the contingency plan, the emergency coordinator shall provide for treating, storing, or disposing of recovered waste, contaminated soil or water, or any other material that results from a release, fire, or explosion at the facility in a manner approved by the commissioner. Unless the owner or operator can demonstrate that the recovered material is not a hazardous waste, the owner or operator becomes a generator of hazardous waste and shall manage it in accordance with all applicable requirements of parts 7045.0102 to 7045.0397. The emergency coordinator shall ensure that in the affected area or areas of the facility no waste that may be incompatible with the released material is treated, stored, or disposed of until cleanup procedures are completed, and all emergency equipment listed in the contingency plan is cleaned and fit for its intended use before operations are resumed.

Subp. 2.

Notice before resuming operations.

The owner or operator shall notify the regional administrator, the commissioner, and other appropriate state and local authorities that the facility is in compliance with subpart 1 before operations are resumed in the affected area or areas of the facility.

Subp. 3.

Report to agency.

The owner or operator shall note in the operating record the time, date, and details of any incident that requires implementing the contingency plan. Within 15 days after the incident, he or she must submit a written report on the incident to the commissioner. The report must include:

A.

name, address, and telephone number of the owner or operator;

B.

name, address, and telephone number of the facility;

C.

date, time, and type of incident;

D.

name and quantity of material involved;

E.

the extent of injuries, if any;

F.

an assessment of actual or potential hazards to human health or the environment, where this is applicable; and

G.

estimated quantity and disposition of recovered material that resulted from the incident.

Statutory Authority:

MS s 116.07

History:

9 SR 115; L 1987 c 186 s 15; 18 SR 1565

Published Electronically:

October 10, 2013

7045.0472 FACILITY SHIPPING REQUIREMENTS.

When a shipment of hazardous waste is initiated from a facility, the owner or operator of that facility shall comply with the requirements of parts 7045.0205 to 7045.0325.

Statutory Authority:

MS s 116.07

History:

9 SR 115; 16 SR 2102; 31 SR 1277

Published Electronically:

October 10, 2013

7045.0474 MANIFEST SYSTEM.

Subpart 1.

Scope.

This part applies to owners and operators of both on-site and off-site facilities, except as part 7045.0450 provides otherwise. The provisions of subpart 2 do not apply to owners and operators of on-site facilities that do not receive any hazardous waste from off-site sources.

Subp. 2.

General manifest requirements.

A.

If a facility receives hazardous waste accompanied by a manifest, the owner or operator, or this person's agent, shall:

(1)

sign and date, by hand, each copy of the manifest to certify that the hazardous waste covered by the manifest was received, except as noted in the discrepancy space of the manifest, or rejected as noted in the manifest discrepancy space;

(2)

note any discrepancies in the manifest on each copy of the manifest. The owner or operator of a facility whose procedures under part 7045.0458, subpart 2, item G, include waste analysis need not perform that analysis before signing the manifest and giving it to the transporter. However, part 7045.0476 requires reporting any discrepancy discovered during later analysis;

(3)

immediately give the transporter at least one copy of the signed manifest;

(4)

within 30 days after the delivery, send a copy of the manifest to the generator; and

(5)

retain at the facility a copy of each manifest for at least three years from the date of delivery.

B.

If a facility receives hazardous waste imported from a foreign source, the receiving facility must mail a copy of the manifest to the following address within 30 days of delivery: International Compliance Assurance Division, OFA/OECA (2254A), United States Environmental Protection Agency, Ariel Rios Building, 1200 Pennsylvania Avenue N.W., Washington, DC 20460.

Subp. 3.

Rail and water shipment requirements.

If a facility receives hazardous waste from a rail or water bulk shipment transporter and the waste is accompanied by a shipping paper containing all the information required on the manifest, excluding the identification numbers, generator's certification, and signatures, the owner or operator, or this person's agent, shall do all of the following:

A.

Sign and date each copy of the manifest or shipping paper, if the manifest has not been received, to certify that the hazardous waste covered by the manifest or shipping paper was received.

B.

Note any discrepancies in the manifest, or in the shipping paper if the manifest has not been received, on each copy of the manifest or shipping paper. The owner or operator of a facility whose procedures under part 7045.0458, subpart 2, item G include waste analysis need not perform that analysis before signing the shipping paper and giving it to the transporter. However, part 7045.0476 requires reporting any discrepancy discovered during later analysis.

C.

Immediately give the rail or water bulk shipment transporter at least one copy of the signed manifest, or shipping paper if the manifest has not been received.

D.

Within 30 days after the delivery, send a copy of the signed and dated manifest, or a signed and dated copy of the shipping paper if the manifest has not been received within 30 days of delivery, to the generator. The generator is required under part 7045.0265 to send three copies of the manifest to the facility when hazardous waste is sent by rail or water bulk shipment.

E.

Retain at the facility a copy of the manifest and shipping paper, if signed in lieu of the manifest at the time of delivery, for at least three years from the date of delivery.

Subp. 4.

Tracking document.

Within three working days of the receipt of a shipment subject to part 7045.0322, the owner or operator of the facility must provide a copy of the tracking document bearing all required signatures to the notifier, to the Office of Enforcement and Compliance Assurance, Office of Federal Activities, International Compliance Assurance Division (2254A), Environmental Protection Agency, 1200 Pennsylvania Avenue N.W., Washington, DC 20460, and to competent authorities of all other concerned countries. The original copy of the tracking document must be maintained at the facility for at least three years from the date of signature.

Subp. 5.

State-only wastes.

The owner or operator of a facility must determine whether the consignment state for a shipment regulates any additional wastes, beyond those regulated federally, as hazardous wastes under its state hazardous waste program. The owner or operator of a facility must also determine whether the consignment state or generator state requires the facility to submit any copies of the manifest to these states.

Statutory Authority:

MS s 116.07

History:

9 SR 115; L 1987 c 186 s 15; 17 SR 1279; 31 SR 1277

Published Electronically:

October 10, 2013

7045.0476 MANIFEST DISCREPANCIES.

Subpart 1.

Scope.

This part applies to owners and operators of both on-site and off-site facilities, except as part 7045.0450 provides otherwise. This part does not apply to owners or operators of on-site facilities that do not receive any hazardous waste from off-site sources.

Subp. 2.

Definition of discrepancy.

Manifest discrepancies are defined as major or minor as follows:

A.

Major manifest discrepancies are:

(1)

significant differences, as described in subpart 2a, between the quantity or type of hazardous waste designated on the manifest or shipping paper and the quantity or type of hazardous waste a facility actually receives;

(2)

rejected wastes, which may be full or partial shipment of hazardous waste the facility cannot accept; and

(3)

container residues, which are residues that exceed the quantity limits for empty containers in part 7045.0127.

B.

Minor manifest discrepancies are all other discrepancies such as use of manifests other than the manifest specified in part 7045.0325, incomplete manifests or shipping papers, manifests or shipping papers which are inconsistent, and a container or portable tank containing hazardous waste which is not properly labeled.

Subp. 2a.

Significant differences.

A.

Significant differences are differences in quantity or type as described in items B and C.

B.

Significant differences in quantity are:

(1)

for bulk waste, variations greater than ten percent in weight; and

(2)

for batch waste, any variation in piece count such as a discrepancy of one drum in a truckload.

C.

Significant differences in type are obvious differences that can be discovered by inspection or waste analysis, such as waste solvent substituted for waste acid or toxic constituents not reported on the manifest or shipping paper.

Subp. 3.

Handling of discrepancies.

Upon discovering a discrepancy, the owner or operator of a facility shall take action as described in item A, B, or C, as applicable:

A.

Upon discovering a major discrepancy, the owner or operator shall attempt to reconcile the discrepancy with the waste generator and the transporter. If the discrepancy is not resolved within 15 days after receiving the waste, the owner or operator shall immediately submit to the commissioner a letter describing the discrepancy, attempts made to reconcile it, and a copy of the manifest or shipping paper at issue.

B.

Upon discovering a minor discrepancy, the owner or operator shall attempt to reconcile the discrepancy with the waste generator and the transporter. The owner or operator shall indicate the type of discrepancy and its resolution on the manifest. If the discrepancy cannot be reconciled, the owner or operator shall note this on the manifest with a brief explanation.

C.

Upon rejecting a waste or identifying a container residue that exceeds the quantity limits for empty containers in part 7045.0127, the owner or operator of a facility must:

(1)

consult with the generator prior to forwarding the waste to another facility that can manage the waste. If it is impossible to locate an alternative facility that can receive the waste, the facility owner or operator may return the rejected waste or residue to the generator. The facility owner or operator must send the waste to the alternative facility or to the generator within 60 days of the rejection or the container residue identification;

(2)

while making arrangements for forwarding rejected wastes or residues to another facility under this part, either ensure that the delivering transporter retains custody of the waste or provide for secure, temporary custody of the waste, pending delivery of the waste to the first transporter designated on the manifest prepared under subpart 4 or 5; and

(3)

notify the commissioner immediately if a movement of hazardous waste is delivered to a facility not allowed to manage the waste under the facility's hazardous waste permit.

Subp. 4.

Rejections sent to alternate facility.

A.

Except as provided in item B, for full or partial load rejections and residues that are to be sent off-site to an alternate facility, the facility must prepare a new manifest according to part 7045.0261, subpart 1, and:

(1)

write the generator's United States EPA identification number in item 1 of the new manifest. Write the generator's name and mailing address in item 5 of the new manifest. If the mailing address is different from the generator's site address, then write the generator's site address in the designated space for item 5;

(2)

write the name of the alternate designated facility and the facility's United States EPA identification number in the designated facility block (item 8) of the new manifest;

(3)

copy the manifest tracking number found in item 4 of the old manifest to the special handling and additional information block of the new manifest and indicate that the shipment is a residue or rejected waste from the previous shipment;

(4)

copy the manifest tracking number found in item 4 of the new manifest to the manifest reference number line in the discrepancy block of the old manifest (item 18a);

(5)

write the United States Department of Transportation description for the rejected load or the residue in item 9 (United States Department of Transportation description) of the new manifest and write the container types, quantity, and volumes of the waste; and

(6)

sign the generator's/offeror's certification to certify, as the offeror of the shipment, that the waste has been properly packaged, marked, and labeled and is in proper condition for transportation.

B.

For full load rejections that are made while the transporter remains present at the facility, the facility may forward the rejected shipment to the alternate facility by completing item 18b of the original manifest and supplying the information on the next destination facility in the alternate facility space. The facility must retain a copy of this manifest for its records and then give the remaining copies of the manifest to the transporter to accompany the shipment. If the original manifest is not used, the facility must use a new manifest and comply with item A.

Subp. 5.

Rejections returned to generator.

A.

Except as provided in item B, for rejected wastes and residues that must be sent back to the generator, the facility is required to prepare a new manifest according to part 7045.0261, subpart 1, and:

(1)

write the facility's United States EPA identification number in item 1 of the new manifest. Write the generator's name and mailing address in item 5 of the new manifest. If the mailing address is different from the generator's site address, then write the generator's site address in the designated space for item 5;

(2)

write the name of the initial generator and the generator's United States EPA identification number in the designated facility block (item 8) of the new manifest;

(3)

copy the manifest tracking number found in item 4 of the old manifest to the special handling and additional information block of the new manifest and indicate that the shipment is a residue or rejected waste from the previous shipment;

(4)

copy the manifest tracking number found in item 4 of the new manifest to the manifest reference number line in the discrepancy block of the old manifest (item 18a);

(5)

write the United States Department of Transportation description for the rejected load or the residue in item 9 (United States Department of Transportation description) of the new manifest and write the container types, quantity, and volumes of the waste; and

(6)

sign the generator's/offeror's certification to certify, as the offeror of the shipment, that the waste has been properly packaged, marked, and labeled, and is in proper condition for transportation.

B.

For full load rejections that are made while the transporter remains present at the facility, the facility may return the shipment to the generator with the original manifest by completing items 18a and 18b of the manifest and supplying the generator's information in the alternate facility space. The facility must retain a copy of this manifest for its records and then give the remaining copies of the manifest to the transporter to accompany the shipment. If the original manifest is not used, the facility must use a new manifest and comply with item A.

Subp. 6.

Rejections after delivery.

If a facility rejects a waste or identifies a container residue that exceeds the quantity limits for empty containers in part 7045.0127 after it has signed, dated, and returned a copy of the manifest to the delivering transporter or to the generator, the facility must amend its copy of the manifest to indicate the rejected wastes or residues in the discrepancy space of the amended manifest. The facility must also copy the manifest tracking number from item 4 of the new manifest to the discrepancy space of the amended manifest and must re-sign and date the manifest to certify to the information as amended. The facility must retain the amended manifest for at least three years from the date of the amendment and must, within 30 days, send a copy of the amended manifest to the transporter and generator that received copies prior to their being amended.

Statutory Authority:

MS s 116.07

History:

9 SR 115; 9 SR 2118; 11 SR 1832; L 1987 c 186 s 15; 31 SR 1277

Published Electronically:

October 10, 2013

7045.0478 OPERATING RECORD.

Subpart 1.

Scope.

This part applies to owners and operators of both on-site and off-site facilities, except as part 7045.0450 provides otherwise.

Subp. 2.

Record requirement.

The owner or operator shall keep a written operating record at the facility.

Subp. 3.

Record information.

The information in items A to T must be recorded, as it becomes available, and maintained in the operating record until closure of the facility.

A.

The names of the generators of the hazardous waste and their identification numbers.

B.

The date of arrival of each shipment along with the transporter's name and identification numbers.

C.

A description and the quantity of each hazardous waste received, and the method and date of treatment, storage, or disposal at the facility in accordance with the record-keeping instructions in Code of Federal Regulations, title 40, part 264, Appendix I, as incorporated in part 7045.0543.

D.

The location of each hazardous waste within the facility and the quantity at each location. For disposal facilities, the location and quantity of the hazardous waste must be recorded on a map or diagram of each cell or disposal area. For all facilities, this information must include cross references to specific manifest document numbers if the waste was accompanied by a manifest.

E.

Records and results of waste analyses and waste determinations performed as specified in parts 7045.0456; 7045.0458; 7045.0538, subpart 10; and 7045.0542, subpart 2, and Code of Federal Regulations, title 40, sections 264.1034 and 264.1063, as amended, and sections 264.1083, 268.4(a), and 268.7, as incorporated in part 7045.0540 or 7045.1390; and the process vent and equipment leak test methods and procedures in Code of Federal Regulations, title 40, sections 264.1034 and 264.1063, as amended.

F.

Summary reports and details of all incidents that require implementing the contingency plan as specified in part 7045.0470.

G.

Records and results of inspections as required by part 7045.0452, subpart 5.

H.

Monitoring, testing, or analytical data and corrective action where required by parts 7045.0461; 7045.0484; 7045.0528, subparts 2, 4, and 7; 7045.0532, subparts 4a, 4b, and 5; 7045.0534, subparts 4a, 5, 5a, and 6; 7045.0536, subparts 5, 6, and 8; 7045.0538, subparts 4a, 5, 5a, and 6; 7045.0539, subpart 3; and 7045.0542, subpart 7; and the process vent, equipment leak, and tank, surface impoundment, and container test methods and procedures and record keeping requirements in Code of Federal Regulations, title 40, sections 264.1034(c) to (f), 264.1035, 264.1063(d) to (i), and 264.1064, as amended, and sections 264.1082 to 264.1090, as incorporated in part 7045.0540.

I.

For off-site facilities, notices to generators as specified in part 7045.0452, subpart 3, item C.

J.

All closure cost estimates under part 7045.0502 and, for disposal facilities, all postclosure cost estimates under part 7045.0506.

K.

A certification that the permittee has a program in place to reduce the volume and toxicity of hazardous waste that the permittee generates to the degree determined by the permittee to be economically practicable; and the method of treatment, storage, or disposal is that practicable method currently available to the permittee which minimizes the present and future threat to human health and the environment.

L.

The certification in item K signed by the owner or operator of the facility or an authorized representative.

M.

Records of the quantities and date of placement for each shipment of hazardous waste placed in land disposal units under an extension to the effective date of any land disposal restriction granted by the United States Environmental Protection Agency under Code of Federal Regulations, title 40, section 268.5, a petition under part 7045.0075, subpart 9, or a certification under Code of Federal Regulations, title 40, section 268.8, as incorporated in part 7045.1390, and the applicable notice required of a generator under Code of Federal Regulations, title 40, section 268.7(a), as incorporated in part 7045.1390.

N.

For an off-site treatment facility, a copy of the notice, and the certification and demonstration, if applicable, required of the generator or the owner under Code of Federal Regulations, title 40, section 268.7(a)(1) or 268.8, as incorporated in part 7045.1390.

O.

For an on-site treatment facility, the information contained in the notice, except the manifest number, and the certification and demonstration, if applicable, required of the generator or owner or operator under Code of Federal Regulations, title 40, section 268.7(a)(1) or 268.8, as incorporated in part 7045.1390.

P.

For an off-site land disposal facility, a copy of the notice, and the certification and demonstration, if applicable, required of the generator or the owner or operator of a treatment facility under Code of Federal Regulations, title 40, sections 268.7 and 268.8, as incorporated in part 7045.1390, whichever is applicable.

Q.

For an on-site land disposal facility, the information contained in the notice required of the generator or owner or operator of a treatment facility under Code of Federal Regulations, title 40, section 268.7, as incorporated in part 7045.1390, except for the manifest number, and the certification and demonstration, if applicable, required under Code of Federal Regulations, title 40, section 268.8, as incorporated in part 7045.1390, whichever is applicable.

R.

For an off-site storage facility, a copy of the notice, and the certification and demonstration if applicable, required of the generator or the owner or operator under Code of Federal Regulations, title 40, section 268.7 or 268.8, as incorporated in part 7045.1390.

S.

For an on-site storage facility, the information contained in the notice, except the manifest number, and the certification and demonstration if applicable, required of the generator or the owner or operator under Code of Federal Regulations, title 40, section 268.7 or 268.8, as incorporated in part 7045.1390.

T.

Any records required under part 7045.0450, subpart 1, item E.

Statutory Authority:

MS s 116.07; 116.37

History:

9 SR 115; 11 SR 1832; 13 SR 259; 13 SR 1238; 13 SR 2761; 16 SR 2239; 16 SR 2321; 18 SR 1886; 20 SR 715; 29 SR 947; 33 SR 2042

Published Electronically:

October 10, 2013

7045.0480 RETENTION AND DISPOSITION OF RECORDS.

Subpart 1.

Scope.

This part applies to owners and operators of both on-site and off-site facilities, except as part 7045.0450 provides otherwise.

Subp. 2.

Retention of records.

The retention period for all records required under parts 7045.0450 to 7045.0551 is three years and is extended automatically during the course of an unresolved enforcement action regarding the facility.

Subp. 3.

Disposition of records.

A copy of records of waste disposal locations and quantities under part 7045.0478, subpart 3, must be submitted to the commissioner and the local land authority upon closure of the facility.

Statutory Authority:

MS s 116.07

History:

9 SR 115; L 1987 c 186 s 15; 29 SR 947

Published Electronically:

October 10, 2013

7045.0482 REQUIRED REPORTS.

Subpart 1.

Scope.

This part applies to owners and operators of both on-site and off-site facilities, except as part 7045.0450 provides otherwise. The requirements of subpart 3 do not apply to owners or operators of on-site facilities that do not receive any hazardous waste from off-site sources.

Subp. 2.

Annual report.

The owner or operator shall prepare and submit a single copy of an annual report to the commissioner no later than March 1 for the preceding calendar year. The report form and instructions to be used may be obtained from the commissioner. The annual report must cover facility activities during the previous calendar year and must include the following information:

A.

the identification number, name, and address of the facility;

B.

the year covered by the report;

C.

for off-site facilities, the identification number of each hazardous waste generator for whom the facility treated, disposed of, or stored a hazardous waste during the year and for imported shipments, the report must give the name and address of the foreign generator;

D.

a description and the quantity of each hazardous waste the facility treated, disposed of, or stored during the year. For off-site facilities, this information must be listed by identification number of the generator;

E.

the method of treatment, storage, or disposal for each hazardous waste;

F.

the most recent closure cost estimate under part 7045.0502 and, for disposal facilities, the most recent postclosure cost estimates under part 7045.0506;

G.

for generators who treat, store, or dispose of hazardous waste on-site, a description of the efforts undertaken during the year to reduce the volume and toxicity of the waste generated;

H.

for generators who treat, store, or dispose of hazardous waste on-site, a description of the changes in volume and toxicity of waste actually achieved during the year in comparison to previous years to the extent such information is available for the years before 1984; and

I.

the certification signed by the owner or operator of the facility or an authorized representative.

Subp. 3.

Unmanifested waste report.

If a facility accepts for treatment, storage, or disposal any hazardous waste from an off-site source without an accompanying manifest, or without an accompanying shipping paper as described in part 7045.0381, subpart 2, and if the waste is not excluded from the manifest requirement, the owner or operator must prepare and submit an unmanifested waste report to the commissioner within 15 days after receiving the waste. The unmanifested waste report must contain the following information:

A.

The identification number, name, and address of the facility.

B.

The date the facility received the waste.

C.

The transporter's name, vehicle license, address, and identification number, if available.

D.

The generator's name, address, and identification number, if available.

E.

A description and the quantity of each unmanifested hazardous waste the facility received.

F.

The method of treatment, storage, or disposal for each hazardous waste.

G.

A brief explanation of why the waste was unmanifested, if known.

H.

The certification signed by the owner or operator of the facility or an authorized representative.

Subp. 4.

Additional reports.

In addition to submitting the manifest discrepancy report described in part 7045.0476, subpart 3, and the annual reports and the unmanifested waste reports described in subparts 2 and 3, the owner or operator shall also report to the commissioner:

A.

releases, fires, and explosions as specified in part 7045.0468;

B.

facility closures as specified in part 7045.0488, subpart 4; and

C.

as otherwise required by parts 7045.0484, 7045.0532 to 7045.0538; and the process vent, equipment leak, and tank, surface impoundment, and container standards in parts 7045.0540, 7045.0549, and 7045.0551.

Statutory Authority:

MS s 116.07

History:

9 SR 115; 11 SR 1832; L 1987 c 186 s 15; 16 SR 2321; 17 SR 1279; 31 SR 1277; 33 SR 2042

Published Electronically:

October 10, 2013

7045.0484 GROUNDWATER PROTECTION.

Subpart 1.

Scope.

This part applies as follows:

A.

Except as provided in item B, the requirements of this part apply to owners or operators of facilities that treat, store, or dispose of hazardous waste. The owner or operator must comply with the requirements in subitems (1) to (3) for all wastes or waste constituents contained in solid or hazardous waste management units at the facility regardless of the time the waste was placed in such units:

(1)

all solid waste management units must comply with part 7045.0485;

(2)

a surface impoundment, waste pile, land treatment unit, landfill, or containment building that is required under Code of Federal Regulations, title 40, section 264.1102, as incorporated in part 7045.0550, to meet the requirements of a landfill, that receives hazardous waste after July 26, 1982, is a regulated unit and must comply with the requirements of subparts 2 to 14 for detecting, characterizing, and responding to releases; and

(3)

the financial responsibility requirements of part 7045.0485 apply to regulated units.

B.

The owner or operator is not subject to subparts 2 to 14 if the criteria in subitem (1), (2), or (3) are met:

(1)

the owner or operator is exempted under part 7045.0450;

(2)

the owner or operator designs and operates a waste pile in compliance with part 7045.0534, subpart 1; or

(3)

the commissioner finds, under part 7045.0536, subpart 8, item D, that the treatment zone of a land treatment unit that qualifies as a regulated unit does not contain levels of hazardous constituents that are above background levels of those constituents by an amount that is statistically significant, and if an unsaturated zone monitoring program meeting the requirements of part 7045.0536, subpart 6, has not shown a statistically significant increase in hazardous constituents below the treatment zone during the operating life of the unit. An exemption can only relieve an owner or operator of responsibility to meet the requirements of subparts 2 to 14 during the postclosure care period.

C.

The agency may impose any or all of the requirements of subparts 2 to 14 on the owner or operator of a facility that treats or stores hazardous waste in tanks or containers if it determines that the facility has the potential to adversely impact ground water quality. The agency shall specify in the facility permit which requirements of subparts 2 to 14 shall apply.

D.

The requirements under subparts 2 to 14 apply during the active life of the regulated unit, including the closure period. After closure of the regulated unit, the applicability of the requirements in subparts 2 to 14 is as described in subitems (1) to (3):

(1)

The requirements of subparts 2 to 14 do not apply if all waste, waste residues, contaminated containment system components, and contaminated subsoils are removed or decontaminated at closure. The owner or operator shall conduct sufficient soil analyses and ground water analyses for all hazardous constituents which are reasonably expected to be in or derived from the waste contained in the regulated unit to ensure that all waste residues and contaminated soil have been removed or decontaminated.

(2)

The requirements of subparts 2 to 14 apply during the postclosure care period under part 7045.0492 if the owner or operator is conducting a detection monitoring program.

(3)

The requirements of subparts 2 to 14 apply during the compliance period if the owner or operator is conducting a compliance monitoring program or a corrective action program.