cfr_sections
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94 rows where part_number = 270 and title_number = 40 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 40:40:29.0.1.1.4.1.37.1 | 40 | Protection of Environment | I | I | 270 | PART 270—EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM | A | Subpart A—General Information | § 270.1 Purpose and scope of the regulations in this part. | EPA | [48 FR 14228, Apr. 1, 1983] | (a) Coverage. (1) These permit regulations establish provisions for the Hazardous Waste Permit Program under Subtitle C of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976, as amended (RCRA), (Pub. L. 94-580, as amended by Pub. L. 95-609 and by Pub. L. 96-482; 42 U.S.C. 6091 et seq. ). They apply to EPA and to approved States to the extent provided in part 271. (2) The regulations in this part cover basic EPA permitting requirements, such as application requirements, standard permit conditions, and monitoring and reporting requirements. These regulations are part of a regulatory scheme implementing RCRA set forth in different parts of the Code of Federal Regulations. The following chart indicates where the regulations implementing RCRA appear in the Code of Federal Regulations. (3) Technical regulations. The RCRA permit program has separate additional regulations that contain technical requirements. These separate regulations are used by permit issuing authorities to determine what requirements must be placed in permits if they are issued. These separate regulations are located in 40 CFR parts 264, 266, 267, and 268. (b) Overview of the RCRA Permit Program. Not later than 90 days after the promulgation or revision of regulations in 40 CFR part 261 (identifying and listing hazardous wastes) generators and transporters of hazardous waste, and owners or operators of hazardous waste treatment, storage, or disposal facilities may be required to file a notification of that activity under section 3010. Six months after the initial promulgation of the part 261 regulations, treatment, storage, or disposal of hazardous waste by any person who has not applied for or received a RCRA permit is prohibited. Treatment, storage, and disposal facilities (TSDs) that are otherwise subject to permitting under RCRA and that meet the criteria in paragraph (b)(1), or paragraph (b)(2) of this section, may be eligible for a standardized permit under subpart J of this part. A RCRA per… | |||
| 40:40:29.0.1.1.4.1.37.2 | 40 | Protection of Environment | I | I | 270 | PART 270—EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM | A | Subpart A—General Information | § 270.2 Definitions. | EPA | [48 FR 14228, Apr. 1, 1983, as amended at 48 FR 30113, June 30, 1983; 53 FR 34087, Sept. 2, 1988; 53 FR 37935, Sept. 28, 1988; 58 FR 8685, Feb. 16, 1993; 60 FR 33914, June 29, 1995; 60 FR 63433, Dec. 11, 1995; 63 FR 65941, Nov. 30, 1998; 70 FR 53474, Sept. 8, 2005; 71 FR 40279, July 14, 2006] | The following definitions apply to parts 270, 271 and 124. Terms not defined in this section have the meaning given by RCRA. Administrator means the Administrator of the United States Environmental Protection Agency, or an authorized representative. Application means the EPA standard national forms for applying for a permit, including any additions, revisions or modifications to the forms; or forms approved by EPA for use in approved States, including any approved modifications or revisions. Application also includes the information required by the Director under §§ 270.14 through 270.29 (contents of part B of the RCRA application). Approved program or approved State means a State which has been approved or authorized by EPA under part 271. Aquifer means a geological formation, group of formations, or part of a formation that is capable of yielding a significant amount of water to a well or spring. Closure means the act of securing a Hazardous Waste Management facility pursuant to the requirements of 40 CFR part 264. Component means any constituent part of a unit or any group of constituent parts of a unit which are assembled to perform a specific function (e.g., a pump seal, pump, kiln liner, kiln thermocouple). Corrective Action Management Unit or CAMU means an area within a facility that is designated by the Regional Administrator under part 264 subpart S, for the purpose of implementing corrective action requirements under § 264.101 and RCRA section 3008(h). A CAMU shall only be used for the management of remediation wastes pursuant to implementing such corrective action requirements at the facility. CWA means the Clean Water Act (formerly referred to as the Federal Water Pollution Control Act or Federal Water Pollution Control Act amendments of 1972) Pub. L. 92-500, as amended by Pub. L. 92-217 and Pub. L. 95-576; 33 U.S.C. 1251 et seq. Director means the Regional Administrator or the State Director, as the context requires, or an authorized representative. When there is no approved Stat… | |||
| 40:40:29.0.1.1.4.1.37.3 | 40 | Protection of Environment | I | I | 270 | PART 270—EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM | A | Subpart A—General Information | § 270.3 Considerations under Federal law. | EPA | [48 FR 14228, Apr. 1, 1983, as amended at 48 FR 39622, Sept. 1, 1983] | The following is a list of Federal laws that may apply to the issuance of permits under these rules. When any of these laws is applicable, its procedures must be followed. When the applicable law requires consideration or adoption of particular permit conditions or requires the denial of a permit, those requirements also must be followed. (a) The Wild and Scenic Rivers Act. 16 U.S.C. 1273 et seq. Section 7 of the Act prohibits the Regional Administrator from assisting by license or otherwise the construction of any water resources project that would have a direct, adverse effect on the values for which a national wild and scenic river was established. (b) The National Historic Preservation Act of 1966. 16 U.S.C. 470 et seq. Section 106 of the Act and implementing regulations (36 CFR part 800) require the Regional Administrator, before issuing a license, to adopt measures when feasible to mitigate potential adverse effects of the licensed activity and properties listed or eligible for listing in the National Register of Historic Places. The Act's requirements are to be implemented in cooperation with State Historic Preservation Officers and upon notice to, and when appropriate, in consultation with the Advisory Council on Historic Preservation. (c) The Endangered Species Act. 16 U.S.C. 1531 et seq. Section 7 of the Act and implementing regulations (50 CFR part 402) require the Regional Administrator to ensure, in consultation with the Secretary of the Interior or Commerce, that any action authorized by EPA is not likely to jeopardize the continued existence of any endangered or threatened species or adversely affect its critical habitat. (d) The Coastal Zone Management Act. 16 U.S.C. 1451 et seq. Section 307(c) of the Act and implementing regulations (15 CFR part 930) prohibit EPA from issuing a permit for an activity affecting land or water use in the coastal zone until the applicant certifies that the proposed activity complies with the State Coastal Zone Management program, and the State or … | |||
| 40:40:29.0.1.1.4.1.37.4 | 40 | Protection of Environment | I | I | 270 | PART 270—EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM | A | Subpart A—General Information | § 270.4 Effect of a permit. | EPA | [48 FR 14228, Apr. 1, 1983, as amended at 57 FR 3495, Jan. 29, 1992; 59 FR 62952, Dec. 6, 1994; 75 FR 13009, Mar. 18, 2010] | (a)(1) Compliance with a RCRA permit during its term constitutes compliance, for purposes of enforcement, with subtitle C of RCRA except for those requirements not included in the permit which: (i) Become effective by statute; (ii) Are promulgated under part 268 of this chapter restricting the placement of hazardous wastes in or on the land; (iii) Are promulgated under part 264 of this chapter regarding leak detection systems for new and replacement surface impoundment, waste pile, and landfill units, and lateral expansions of surface impoundment, waste pile, and landfill units. The leak detection system requirements include double liners, CQA programs, monitoring, action leakage rates, and response action plans, and will be implemented through the procedures of § 270.42 Class 1 permit modifications; or (iv) Are promulgated under subparts AA, BB, or CC of part 265 of this chapter limiting air emissions. (2) A permit may be modified, revoked and reissued, or terminated during its term for cause as set forth in §§ 270.41 and 270.43, or the permit may be modified upon the request of the permittee as set forth in § 270.42. (b) The issuance of a permit does not convey any property rights of any sort, or any exclusive privilege. (c) The issuance of a permit does not authorize any injury to persons or property or invasion of other private rights, or any infringement of State or local law or regulations. | |||
| 40:40:29.0.1.1.4.1.37.5 | 40 | Protection of Environment | I | I | 270 | PART 270—EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM | A | Subpart A—General Information | § 270.5 Noncompliance and program reporting by the Director. | EPA | [48 FR 14228, Apr. 1, 1983, as amended at 48 FR 30113, June 30, 1983] | The Director shall prepare quarterly and annual reports as detailed below. When the State is the permit-issuing authority, the State Director shall submit any reports required under this section to the Regional Administrator. When EPA is the permit-issuing authority, the Regional Administrator shall submit any report required under this section to EPA Headquarters. For purposes of this section only, RCRA permittees shall include RCRA interim status facilities, when appropriate. (a) Quarterly reports. The Director shall submit quarterly narrative reports for major facilities as follows: (1) Format. The report shall use the following format: (i) Information on noncompliance for each facility; (ii) Alphabetize by permittee name. When two or more permittees have the same name, the lowest permit number shall be entered first; and (iii) For each entry on the list, include the following information in the following order: (A) Name, location, and permit number of the noncomplying permittee. (B) A brief description and date of each instance of noncompliance for that permittee. Instances of noncompliance may include one or more of the kinds set forth in paragraph (a)(2) of this section. When a permittee has noncompliance of more than one kind, combine the information into a single entry for each such permittee. (C) The date(s) and a brief description of the action(s) taken by the Director to ensure compliance. (D) Status of the instance(s) of noncompliance with the date of the review of the status or the date of resolution. (E) Any details which tend to explain or mitigate the instance(s) of noncompliance. (2) Instances of noncompliance to be reported. Any instances of noncompliance within the following categories shall be reported in successive reports until the noncompliance is reported as resolved. Once noncompliance is reported as resolved it need not appear in subsequent reports. (i) Failure to complete construction elements. When the permittee has failed to complete, by the date specified in the p… | |||
| 40:40:29.0.1.1.4.1.37.6 | 40 | Protection of Environment | I | I | 270 | PART 270—EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM | A | Subpart A—General Information | § 270.6 References. | EPA | [70 FR 59576, Oct. 12, 2005] | (a) When used in part 270 of this chapter, the following publications are incorporated by reference. These incorporations by reference were approved by the Director of the Federal Register pursuant to 5 U.S.C. 552(a) and 1 CFR part 51. These materials are incorporated as they exist on the date of approval and a notice of any change in these materials will be published in the Federal Register. Copies may be inspected at the Library, U.S. Environmental Protection Agency, 1200 Pennsylvania Ave., NW., (3403T), Washington, DC 20460, libraryhq@epa.gov ; or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. (b) The following materials are available for purchase from the National Technical Information Service (NTIS), 5285 Port Royal Road, Springfield, VA 22161, (703) 605-6000 or (800) 553-6847; or for purchase from the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402, (202) 512-1800: (1) “APTI Course 415: Control of Gaseous Emissions,” EPA Publication EPA-450/2-81-005, December 1981, IBR approved for §§ 270.24 and 270.25. (2) [Reserved] | |||
| 40:40:29.0.1.1.4.10.43.1 | 40 | Protection of Environment | I | I | 270 | PART 270—EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM | J | Subpart J—RCRA Standardized Permits for Storage and Treatment Units | § 270.250 What is a RCRA standardized permit? | EPA | A RCRA standardized permit (RCRA) is a special type of permit that authorizes you to manage hazardous waste. It is issued under 40 CFR part 124, subpart G and subpart J of this part. | ||||
| 40:40:29.0.1.1.4.10.43.2 | 40 | Protection of Environment | I | I | 270 | PART 270—EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM | J | Subpart J—RCRA Standardized Permits for Storage and Treatment Units | § 270.255 Who is eligible for a standardized permit? | EPA | (a) You may be eligible for a standardized permit if: (1) You generate hazardous waste and then store or non-thermally treat the hazardous waste on-site in containers, tanks, or containment buildings; or (2) You receive hazardous waste generated off-site by a generator under the same ownership as the receiving facility, and then store or non-thermally treat the hazardous waste in containers, tanks, or containment buildings. (3) We will inform you of your eligibility when we make a decision on your permit application. (b) [Reserved] | ||||
| 40:40:29.0.1.1.4.10.43.3 | 40 | Protection of Environment | I | I | 270 | PART 270—EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM | J | Subpart J—RCRA Standardized Permits for Storage and Treatment Units | § 270.260 What requirements of part 270 apply to a standardized permit? | EPA | The following subparts and sections of this part 270 apply to a standardized permit: (a) Subpart A—General Information: All sections. (b) Subpart B—Permit Application: §§ 270.10, 270.11, 270.12, 270.13 and 270.29. (c) Subpart C—Permit Conditions: All sections. (d) Subpart D—Changes to Permit: §§ 270.40, 270.41, and 270.43. (e) Subpart E—Expiration and Continuation of Permits: All sections. (f) Subpart F—Special Forms of Permits: § 270.67. (g) Subpart G—Interim Status: All sections. (h) Subpart H—Remedial Action Plans: Does not apply. (i) Subpart J—Standardized Permits: All sections. | ||||
| 40:40:29.0.1.1.4.10.44.4 | 40 | Protection of Environment | I | I | 270 | PART 270—EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM | J | Subpart J—RCRA Standardized Permits for Storage and Treatment Units | § 270.270 How do I apply for a standardized permit? | EPA | You apply for a standardized permit by following the procedures in 40 CFR part 124, subpart G and this subpart. | ||||
| 40:40:29.0.1.1.4.10.44.5 | 40 | Protection of Environment | I | I | 270 | PART 270—EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM | J | Subpart J—RCRA Standardized Permits for Storage and Treatment Units | § 270.275 What information must I submit to the permitting agency to support my standardized permit application? | EPA | The information in paragraphs (a) through (j) of this section will be the basis of your standardized permit application. You must submit it to the Director when you submit your Notice of Intent under 40 CFR 124.202(b) requesting coverage under a RCRA standardized permit: (a) The Part A information described in § 270.13. (b) A meeting summary and other materials required by 40 CFR 124.31. (c) Documentation of compliance with the location standards of 40 CFR 267.18 and § 270.14(b)(11). (d) Information that allows the Director to carry out our obligations under other Federal laws required in § 270.3. (e) Solid waste management unit information required by § 270.14(d). (f) A certification meeting the requirements of § 270.280, and an audit of the facility's compliance status with 40 CFR part 267 as required by § 270.280. (g) A closure plan prepared in accordance with part 267, subpart G. (h) The most recent closure cost estimate for your facility prepared under § 267.142 and a copy of the documentation required to demonstrate financial assurance under § 267.143. For a new facility, you may gather the required documentation 60 days before the initial receipt of hazardous wastes. (i) If you manage wastes generated off-site, the waste analysis plan. (j) If you manage waste generated from off-site, documentation showing that the waste generator and the off-site facility are under the same ownership. | ||||
| 40:40:29.0.1.1.4.10.44.6 | 40 | Protection of Environment | I | I | 270 | PART 270—EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM | J | Subpart J—RCRA Standardized Permits for Storage and Treatment Units | § 270.280 What are the certification requirements? | EPA | You must submit a signed certification based on your audit of your facility's compliance with 40 CFR part 267. (a) Your certification must read: I certify under penalty of law that: (1) I have personally examined and am familiar with the report containing the results of an audit conducted of my facility's compliance status with 40 CFR part 267, which supports this certification. Based on my inquiry of those individuals immediately responsible for conducting the audit and preparing the report, I believe that my (include paragraph (a)(1)(i) and (ii) this section, whichever applies): (i) My existing facility complies with all applicable requirements of 40 CFR part 267 and will continue to comply until the expiration of the permit; or (ii) My facility has been designed, and will be constructed and operated to comply with all applicable requirements of 40 CFR part 267, and will continue to comply until expiration of the permit. (2) I will make all information that I am required to maintain at my facility by §§ 270.290 through 277.315 readily available for review by the permitting agency and the public; and, (3) I will continue to make all information required by §§ 270.290 through 277.315 available until the permit expires. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violation. (b) You must sign this certification following the requirements of § 270.11(a)(1) through (3). (c) This certification must be based upon an audit that you conduct of your facility's compliance status with 40 CFR part 267. A written audit report, signed and certified as accurate by the auditor, must be submitted to the Director with the 40 CFR 124.202(b) Notice of Intent. | ||||
| 40:40:29.0.1.1.4.10.45.10 | 40 | Protection of Environment | I | I | 270 | PART 270—EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM | J | Subpart J—RCRA Standardized Permits for Storage and Treatment Units | § 270.310 What equipment information must I keep at my facility? | EPA | If your facility has equipment to which 40 CFR part 264, subpart BB applies, you must keep the following information at your facility: (a) For each piece of equipment to which 40 CFR part 264 subpart BB applies: (1) Equipment identification number and hazardous waste management unit identification. (2) Approximate locations within the facility (e.g., identify the hazardous waste management unit on a facility plot plan). (3) Type of equipment (e.g., a pump or a pipeline valve). (4) Percent by weight of total organics in the hazardous waste stream at the equipment. (5) Hazardous waste state at the equipment (e.g., gas/vapor or liquid). (6) Method of compliance with the standard (e.g., monthly leak detection and repair, or equipped with dual mechanical seals). (b) For facilities that cannot install a closed-vent system and control device to comply with 40 CFR part 264, subpart BB on the effective date that the facility becomes subject to the subpart BB provisions, an implementation schedule as specified in 40 CFR 264.1033(a)(2). (c) Documentation that demonstrates compliance with the equipment standards in 40 CFR 264.1052 and 264.1059. This documentation must contain the records required under 40 CFR 264.1064. (d) Documentation to demonstrate compliance with 40 CFR 264.1060 must include the following information: (1) A list of all information references and sources used in preparing the documentation. (2) Records, including the dates, of each compliance test required by 40 CFR 264.1033(j). (3) A design analysis, specifications, drawings, schematics, and piping and instrumentation diagrams based on the appropriate sections of “Course 415: Control of Gaseous Emissions” (incorporated by reference as specified in 40 CFR 260.11) or other engineering texts acceptable to the Director that present basic control device design information. The design analysis must address the vent stream characteristics and control device operation parameters as specified in 40 CFR 264.1035(b)(4)(iii). (4) A statement you signed… | ||||
| 40:40:29.0.1.1.4.10.45.11 | 40 | Protection of Environment | I | I | 270 | PART 270—EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM | J | Subpart J—RCRA Standardized Permits for Storage and Treatment Units | § 270.315 What air emissions control information must I keep at my facility? | EPA | If you have air emission control equipment subject to 40 CFR part 264, subpart CC, you must keep the following information at your facility: (a) Documentation for each floating roof cover installed on a tank subject to 40 CFR 264.1084(d)(1) or (d)(2) that includes information you prepared or the cover manufacturer/vendor provided describing the cover design, and your certification that the cover meets applicable design specifications listed in 40 CFR 264.1084(e)(1) or (f)(1). (b) Identification of each container area subject to the requirements of 40 CFR part 264, subpart CC and your certification that the requirements of this subpart are met. (c) Documentation for each enclosure used to control air pollutant emissions from tanks or containers under requirements of 40 CFR 264.1084(d)(5) or 264.1086(e)(1)(ii). You must include records for the most recent set of calculations and measurements you performed to verify that the enclosure meets the criteria of a permanent total enclosure as specified in “Procedure T—Criteria for and Verification of a Permanent or Temporary Total Enclosure” under 40 CFR 52.741, appendix B. (d) [Reserved] (e) Documentation for each closed-vent system and control device installed under requirements of 40 CFR 264.1087 that includes design and performance information as specified in § 270.24 (c) and (d). (f) An emission monitoring plan for both Method 21 in 40 CFR part 60, appendix A and control device monitoring methods. This plan must include the following information: monitoring point(s), Monitoring methods for control devices, monitoring frequency, procedures for documenting exceedences, and procedures for mitigating noncompliances. | ||||
| 40:40:29.0.1.1.4.10.45.7 | 40 | Protection of Environment | I | I | 270 | PART 270—EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM | J | Subpart J—RCRA Standardized Permits for Storage and Treatment Units | § 270.290 What general types of information must I keep at my facility? | EPA | You must keep the following information at your facility: (a) A general description of the facility. (b) Chemical and physical analyses of the hazardous waste and hazardous debris handled at the facility. At a minimum, these analyses must contain all the information you must know to treat or store the wastes properly under the requirements of 40 CFR part 267. (c) A copy of the waste analysis plan required by 40 CFR 267.13(b). (d) A description of the security procedures and equipment required by 40 CFR 267.14. (e) A copy of the general inspection schedule required by 40 CFR 267.15(b). You must include in the inspection schedule applicable requirements of 40 CFR 267.174, 267.193, 267.195, 264.1033, 264.1052, 264.1053, 264.1058, and 264.1088. (f) A justification of any modification of the preparedness and prevention requirements of 40 CFR part 267, subpart C (§§ 267.30 to 267.35). (g) A copy of the contingency plan required by 40 CFR part 267, subpart D. (h) A description of procedures, structures, or equipment used at the facility to: (1) Prevent hazards in unloading operations (for example, use ramps, special forklifts), (2) Prevent runoff from hazardous waste handling areas to other areas of the facility or environment, or to prevent flooding (for example, with berms, dikes, trenches), (3) Prevent contamination of water supplies, (4) Mitigate effects of equipment failure and power outages, (5) Prevent undue exposure of personnel to hazardous waste (for example, requiring protective clothing), and (6) Prevent releases to atmosphere, (i) A description of precautions to prevent accidental ignition or reaction of ignitable, reactive, or incompatible wastes as required by 40 CFR 267.17. (j) Traffic pattern, estimated volume (number, types of vehicles) and control (for example, show turns across traffic lanes, and stacking lanes; describe access road surfacing and load bearing capacity; show traffic control signals). (k) [Reserved] (l) An outline of both the introductory and continuing training progr… | ||||
| 40:40:29.0.1.1.4.10.45.8 | 40 | Protection of Environment | I | I | 270 | PART 270—EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM | J | Subpart J—RCRA Standardized Permits for Storage and Treatment Units | § 270.300 What container information must I keep at my facility? | EPA | If you store or treat hazardous waste in containers, you must keep the following information at your facility: (a) A description of the containment system to demonstrate compliance with the container storage area provisions of 40 CFR 267.173. This description must show the following: (1) Basic design parameters, dimensions, and materials of construction. (2) How the design promotes drainage or how containers are kept from contact with standing liquids in the containment system. (3) Capacity of the containment system relative to the number and volume of containers to be stored. (4) Provisions for preventing or managing run-on. (5) How accumulated liquids can be analyzed and removed to prevent overflow. (b) For storage areas that store containers holding wastes that do not contain free liquids, a demonstration of compliance with 40 CFR 267.173(c), including: (1) Test procedures and results or other documentation or information to show that the wastes do not contain free liquids. (2) A description of how the storage area is designed or operated to drain and remove liquids or how containers are kept from contact with standing liquids. (c) Sketches, drawings, or data demonstrating compliance with 40 CFR 267.174 (location of buffer zone (15m or 50ft) and containers holding ignitable or reactive wastes) and 40 CFR 267.175(c) (location of incompatible wastes in relation to each other), where applicable. (d) Where incompatible wastes are stored or otherwise managed in containers, a description of the procedures used to ensure compliance with 40 CFR 267.175(a) and (b), and 267.17(b) and (c). (e) Information on air emission control equipment as required by § 270.315. | ||||
| 40:40:29.0.1.1.4.10.45.9 | 40 | Protection of Environment | I | I | 270 | PART 270—EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM | J | Subpart J—RCRA Standardized Permits for Storage and Treatment Units | § 270.305 What tank information must I keep at my facility? | EPA | If you use tanks to store or treat hazardous waste, you must keep the following information at your facility: (a) A written assessment that is reviewed and certified by an independent, qualified, registered professional engineer on the structural integrity and suitability for handling hazardous waste of each tank system, as required under 40 CFR 267.191 and 267.192. (b) Dimensions and capacity of each tank. (c) Description of feed systems, safety cutoff, bypass systems, and pressure controls (e.g., vents). (d) A diagram of piping, instrumentation, and process flow for each tank system. (e) A description of materials and equipment used to provide external corrosion protection, as required under 40 CFR 267.191. (f) For new tank systems, a detailed description of how the tank system(s) will be installed in compliance with 40 CFR 267.192 and 267.194. (g) Detailed plans and description of how the secondary containment system for each tank system is or will be designed, constructed, and operated to meet the requirements of 40 CFR 267.195 and 267.196. (h) [Reserved] (i) Description of controls and practices to prevent spills and overflows, as required under 40 CFR 267.198. (j) For tank systems in which ignitable, reactive, or incompatible wastes are to be stored or treated, a description of how operating procedures and tank system and facility design will achieve compliance with the requirements of 40 CFR 267.202 and 267.203. (k) Information on air emission control equipment as required by § 270.315. | ||||
| 40:40:29.0.1.1.4.10.46.12 | 40 | Protection of Environment | I | I | 270 | PART 270—EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM | J | Subpart J—RCRA Standardized Permits for Storage and Treatment Units | § 270.320 How do I modify my RCRA standardized permit? | EPA | You can modify your RCRA standardized permit by following the procedures found in 40 CFR 124.211 through 124.214. | ||||
| 40:40:29.0.1.1.4.2.37.1 | 40 | Protection of Environment | I | I | 270 | PART 270—EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM | B | Subpart B—Permit Application | § 270.10 General application requirements. | EPA | [48 FR 14228, Apr. 1, 1983; 48 FR 30114, June 30, 1983, as amended at 50 FR 28751, July 15, 1985; 51 FR 10176, Mar. 24, 1986; 52 FR 45799, Dec. 1, 1987; 54 FR 9607, Mar. 7, 1989; 60 FR 33914, June 29, 1995; 70 FR 53474, Sept. 8, 2005; 70 FR 59576, Oct. 12, 2005; 71 FR 40279, July 14, 2006] | (a) Applying for a permit. Below is information on how to obtain a permit and where to find requirements for specific permits: (1) If you are covered by RCRA permits by rule (§ 270.60), you need not apply. (2) If you currently have interim status, you must apply for permits when required by the Director. (3) If you are required to have a permit (including new applicants and permittees with expiring permits), you must complete, sign, and submit an application to the Director, as described in this section and §§ 270.70 through 270.73. (4) If you are seeking an emergency permit, the procedures for application, issuance, and administration are found exclusively in § 270.61. (5) If you are seeking a research, development, and demonstration permit, the procedures for application, issuance, and administration are found exclusively in § 270.65. (6) If you are seeking a standardized permit, the procedures for application and issuance are found in part 124, subpart G of this chapter and subpart J of this part. (b) Who applies? When a facility or activity is owned by one person but is operated by another person, it is the operator's duty to obtain a permit, except that the owner must also sign the permit application. (c) Completeness. The Director shall not issue a permit before receiving a complete application for a permit except for permits by rule, or emergency permits. An application for a permit is complete when the Director receives an application form and any supplemental information which are completed to his satisfaction. An application for a permit is complete notwithstanding the failure of the owner or operator to submit the exposure information described in paragraph (j) of this section. The Director may deny a permit for the active life of a hazardous waste management facility or unit before receiving a complete application for a permit. (d) Information requirements. All applicants for RCRA permits shall provide information set forth in § 270.13 and applicable sections in §§ 270.14 through 270.29… | |||
| 40:40:29.0.1.1.4.2.37.10 | 40 | Protection of Environment | I | I | 270 | PART 270—EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM | B | Subpart B—Permit Application | § 270.19 Specific part B information requirements for incinerators. | EPA | [48 FR 14228, Apr. 1, 1983, as amended at 58 FR 46051, Aug. 31, 1993; 64 FR 53076, Sept. 30, 1999; 67 FR 6816, Feb. 13, 2002; 67 FR 77692, Dec. 19, 2002; 70 FR 34590, June 14, 2005; 70 FR 59577, Oct. 12, 2005] | Except as § 264.340 of this Chapter and § 270.19(e) provide otherwise, owners and operators of facilities that incinerate hazardous waste must fulfill the requirements of paragraphs (a), (b), or (c) of this section. (a) When seeking an exemption under § 264.340 (b) or (c) of this chapter (Ignitable, corrosive, or reactive wastes only): (1) Documentation that the waste is listed as a hazardous waste in part 261, subpart D of this chapter, solely because it is ignitable (Hazard Code I) or corrosive (Hazard Code C) or both; or (2) Documentation that the waste is listed as a hazardous waste in part 261, subpart D of this chapter, solely because it is reactive (Hazard Code R) for characteristics other than those listed in § 261.23(a) (4) and (5) of this chapter, and will not be burned when other hazardous wastes are present in the combustion zone; or (3) Documentation that the waste is a hazardous waste solely because it possesses the characteristic of ignitability, corrosivity, or both, as determined by the tests for characteristics of hazardous waste under part 261, subpart C of this chapter; or (4) Documentation that the waste is a hazardous waste solely because it possesses the reactivity characteristics listed in § 261.23(a) (1), (2), (3), (6), (7), or (8) of this chapter, and that it will not be burned when other hazardous wastes are present in the combustion zone; or (b) Submit a trial burn plan or the results of a trial burn, including all required determinations, in accordance with § 270.62; or (c) In lieu of a trial burn, the applicant may submit the following information: (1) An analysis of each waste or mixture of wastes to be burned including: (i) Heat value of the waste in the form and composition in which it will be burned. (ii) Viscosity (if applicable), or description of physical form of the waste. (iii) An identification of any hazardous organic constituents listed in part 261, appendix VIII, of this chapter, which are present in the waste to be burned, except that the applicant need not a… | |||
| 40:40:29.0.1.1.4.2.37.11 | 40 | Protection of Environment | I | I | 270 | PART 270—EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM | B | Subpart B—Permit Application | § 270.20 Specific part B information requirements for land treatment facilities. | EPA | [48 FR 14228, Apr. 1, 1983; 48 FR 30114, June 30, 1983, as amended at 50 FR 2006, Jan. 14, 1985; 71 FR 40279, July 14, 2006] | Except as otherwise provided in § 264.1, owners and operators of facilities that use land treatment to dispose of hazardous waste must provide the following additional information: (a) A description of plans to conduct a treatment demonstration as required under § 264.272. The description must include the following information; (1) The wastes for which the demonstration will be made and the potential hazardous constituents in the waste; (2) The data sources to be used to make the demonstration (e.g., literature, laboratory data, field data, or operating data); (3) Any specific laboratory or field test that will be conducted, including: (i) The type of test (e.g., column leaching, degradation); (ii) Materials and methods, including analytical procedures; (iii) Expected time for completion; (iv) Characteristics of the unit that will be simulated in the demonstration, including treatment zone characteristics, climatic conditions, and operating practices. (b) A description of a land treatment program, as required under § 264.271. This information must be submitted with the plans for the treatment demonstration, and updated following the treatment demonstration. The land treatment program must address the following items: (1) The wastes to be land treated; (2) Design measures and operating practices necessary to maximize treatment in accordance with § 264.273(a) including: (i) Waste application method and rate; (ii) Measures to control soil pH; (iii) Enhancement of microbial or chemical reactions; (iv) Control of moisture content; (3) Provisions for unsaturated zone monitoring, including: (i) Sampling equipment, procedures, and frequency; (ii) Procedures for selecting sampling locations; (iii) Analytical procedures; (iv) Chain of custody control; (v) Procedures for establishing background values; (vi) Statistical methods for interpreting results; (vii) The justification for any hazardous constituents recommended for selection as principal hazardous constituents, in accordance with the criteria f… | |||
| 40:40:29.0.1.1.4.2.37.12 | 40 | Protection of Environment | I | I | 270 | PART 270—EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM | B | Subpart B—Permit Application | § 270.21 Specific part B information requirements for landfills. | EPA | [48 FR 14228, Apr. 1, 1983; 48 FR 30114, June 30, 1983, as amended at 50 FR 2006, Jan. 14, 1985; 50 FR 28752, July 15, 1985; 57 FR 3496, Jan. 29, 1992] | Except as otherwise provided in § 264.1, owners and operators of facilities that dispose of hazardous waste in landfills must provide the following additional information: (a) A list of the hazardous wastes placed or to be placed in each landfill or landfill cell; (b) Detailed plans and an engineering report describing how the landfill is designed and is or will be constructed, operated, and maintained to meet the requirements of §§ 264.19, 264.301, 264.302, and 264.303 of this chapter, addressing the following items: (1)(i) The liner system (except for an existing portion of a landfill), if the landfill must meet the requirements of § 264.301(a) of this chapter. If an exemption from the requirement for a liner is sought as provided by § 264.301(b) of this chapter, submit detailed plans, and engineering and hydrogeological reports, as appropriate, describing alternate designs and operating practices that will, in conjunction with location aspects, prevent the migration of any hazardous constituents into the ground water or surface water at any future time; (ii) The double liner and leak (leachate) detection, collection, and removal system, if the landfill must meet the requirements of § 264.301(c) of this chapter. If an exemption from the requirements for double liners and a leak detection, collection, and removal system or alternative design is sought as provided by § 264.301(d), (e), or (f) of this chapter, submit appropriate information; (iii) If the leak detection system is located in a saturated zone, submit detailed plans and an engineering report explaining the leak detection system design and operation, and the location of the saturated zone in relation to the leak detection system; (iv) The construction quality assurance (CQA) plan if required under § 264.19 of this chapter; (v) Proposed action leakage rate, with rationale, if required under § 264.302 of this chapter, and response action plan, if required under § 264.303 of this chapter; (2) Control of run-on; (3) Control of run-off; (4) Manage… | |||
| 40:40:29.0.1.1.4.2.37.13 | 40 | Protection of Environment | I | I | 270 | PART 270—EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM | B | Subpart B—Permit Application | § 270.22 Specific part B information requirements for boilers and industrial furnaces burning hazardous waste. | EPA | [56 FR 7235, Feb. 21, 1991; 56 FR 32691, July 17, 1991, as amended at 64 FR 53077, Sept. 30, 1999; 67 FR 6816, Feb. 13, 2002; 67 FR 77692, Dec. 19, 2002; 70 FR 34590, June 14, 2005; 70 FR 59577, Oct. 12, 2005] | When an owner or operator of a cement kiln, lightweight aggregate kiln, solid fuel boiler, liquid fuel boiler, or hydrochloric acid production furnace becomes subject to RCRA permit requirements after October 12, 2005, or when an owner or operator of an existing cement kiln, lightweight aggregate kiln, solid fuel boiler, liquid fuel boiler, or hydrochloric acid production furnace demonstrates compliance with the air emission standards and limitations in part 63, subpart EEE, of this chapter ( i.e. , by conducting a comprehensive performance test and submitting a Notification of Compliance under §§ 63.1207(j) and 63.1210(d) of this chapter documenting compliance with all applicable requirements of part 63, subpart EEE, of this chapter), the requirements of this section do not apply. The requirements of this section do apply, however, if the Director determines certain provisions are necessary to ensure compliance with §§ 266.102(e)(1) and 266.102(e)(2)(iii) of this chapter if you elect to comply with § 270.235(a)(1)(i) to minimize emissions of toxic compounds from startup, shutdown, and malfunction events; or if you are an area source and elect to comply with the §§ 266.105, 266.106, and 266.107 standards and associated requirements for particulate matter, hydrogen chloride and chlorine gas, and non-mercury metals; or the Director determines certain provisions apply, on a case-by-case basis, for purposes of information collection in accordance with §§ 270.10(k), 270.10(l), 270.32(b)(2), and 270.32(b)(3). (a) Trial burns —(1) General. Except as provided below, owners and operators that are subject to the standards to control organic emissions provided by § 266.104 of this chapter, standards to control particulate matter provided by § 266.105 of this chapter, standards to control metals emissions provided by § 266.106 of this chapter, or standards to control hydrogen chloride or chlorine gas emissions provided by § 266.107 of this chapter must conduct a trial burn to demonstrate conformance with those standards … | |||
| 40:40:29.0.1.1.4.2.37.14 | 40 | Protection of Environment | I | I | 270 | PART 270—EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM | B | Subpart B—Permit Application | § 270.23 Specific part B information requirements for miscellaneous units. | EPA | Except as otherwise provided in § 264.600, owners and operators of facilities that treat, store, or dispose of hazardous waste in miscellaneous units must provide the following additional information: (a) A detailed description of the unit being used or proposed for use, including the following: (1) Physical characteristics, materials of construction, and dimensions of the unit; (2) Detailed plans and engineering reports describing how the unit will be located, designed, constructed, operated, maintained, monitored, inspected, and closed to comply with the requirements of §§ 264.601 and 264.602; and (3) For disposal units, a detailed description of the plans to comply with the post-closure requirements of § 264.603. (b) Detailed hydrologic, geologic, and meteorologic assessments and land-use maps for the region surrounding the site that address and ensure compliance of the unit with each factor in the environmental performance standards of § 264.601. If the applicant can demonstrate that he does not violate the environmental performance standards of § 264.601 and the Director agrees with such demonstration, preliminary hydrologic, geologic, and meteorologic assessments will suffice. (c) Information on the potential pathways of exposure of humans or environmental receptors to hazardous waste or hazardous constituents and on the potential magnitude and nature of such exposures. (d) For any treatment unit, a report on a demonstration of the effectiveness of the treatment based on laboratory or field data. (e) Any additional information determined by the Director to be necessary for evaluation of compliance of the unit with the environmental performance standards of § 264.601. | ||||
| 40:40:29.0.1.1.4.2.37.15 | 40 | Protection of Environment | I | I | 270 | PART 270—EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM | B | Subpart B—Permit Application | § 270.24 Specific part B information requirements for process vents. | EPA | [55 FR 25518, June 21, 1990, as amended at 56 FR 19290, Apr. 26, 1991; 70 FR 59577, Oct. 12, 2005] | Except as otherwise provided in § 264.1, owners and operators of facilities that have process vents to which subpart AA of part 264 applies must provide the following additional information: (a) For facilities that cannot install a closed-vent system and control device to comply with the provisions of 40 CFR 264 subpart AA on the effective date that the facility becomes subject to the provisions of 40 CFR 264 or 265 subpart AA, an implementation schedule as specified in § 264.1033(a)(2). (b) Documentation of compliance with the process vent standards in § 264.1032, including: (1) Information and data identifying all affected process vents, annual throughput and operating hours of each affected unit, estimated emission rates for each affected vent and for the overall facility ( i.e. , the total emissions for all affected vents at the facility), and the approximate location within the facility of each affected unit (e.g., identify the hazardous waste management units on a facility plot plan). (2) Information and data supporting estimates of vent emissions and emission reduction achieved by add-on control devices based on engineering calculations or source tests. For the purpose of determining compliance, estimates of vent emissions and emission reductions must be made using operating parameter values (e.g., temperatures, flow rates, or concentrations) that represent the conditions that exist when the waste management unit is operating at the highest load or capacity level reasonably expected to occur. (3) Information and data used to determine whether or not a process vent is subject to the requirements of § 264.1032. (c) Where an owner or operator applies for permission to use a control device other than a thermal vapor incinerator, catalytic vapor incinerator, flare, boiler, process heater, condenser, or carbon adsorption system to comply with the requirements of § 264.1032, and chooses to use test data to determine the organic removal efficiency or the total organic compound concentration achieved by the c… | |||
| 40:40:29.0.1.1.4.2.37.16 | 40 | Protection of Environment | I | I | 270 | PART 270—EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM | B | Subpart B—Permit Application | § 270.25 Specific part B information requirements for equipment. | EPA | [55 FR 25518, June 21, 1990, as amended at 56 FR 19290, Apr. 26, 1991; 70 FR 59577, Oct. 12, 2005] | Except as otherwise provided in § 264.1, owners and operators of facilities that have equipment to which subpart BB of part 264 applies must provide the following additional information: (a) For each piece of equipment to which subpart BB of part 264 applies: (1) Equipment identification number and hazardous waste management unit identification. (2) Approximate locations within the facility (e.g., identify the hazardous waste management unit on a facility plot plan). (3) Type of equipment (e.g., a pump or pipeline valve). (4) Percent by weight total organics in the hazardous waste stream at the equipment. (5) Hazardous waste state at the equipment (e.g., gas/vapor or liquid). (6) Method of compliance with the standard (e.g., “monthly leak detection and repair” or “equipped with dual mechanical seals”). (b) For facilities that cannot install a closed-vent system and control device to comply with the provisions of 40 CFR 264 subpart BB on the effective date that the facility becomes subject to the provisions of 40 CFR 264 or 265 subpart BB, an implementation schedule as specified in § 264.1033(a)(2). (c) Where an owner or operator applies for permission to use a control device other than a thermal vapor incinerator, catalytic vapor incinerator, flare, boiler, process heater, condenser, or carbon adsorption system and chooses to use test data to determine the organic removal efficiency or the total organic compound concentration achieved by the control device, a performance test plan as specified in § 264.1035(b)(3). (d) Documentation that demonstrates compliance with the equipment standards in §§ 264.1052 to 264.1059. This documentation shall contain the records required under § 264.1064. The Regional Administrator may request further documentation before deciding if compliance has been demonstrated. (e) Documentation to demonstrate compliance with § 264.1060 shall include the following information: (1) A list of all information references and sources used in preparing the documentation. (2) Records, i… | |||
| 40:40:29.0.1.1.4.2.37.17 | 40 | Protection of Environment | I | I | 270 | PART 270—EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM | B | Subpart B—Permit Application | § 270.26 Special part B information requirements for drip pads. | EPA | [55 FR 50489, Dec. 6, 1990. Redesignated and amended at 56 FR 30198, July 1, 1991; 71 FR 16914, Apr. 4, 2006; 71 FR 40279, July 14, 2006] | Except as otherwise provided by § 264.1 of this chapter, owners and operators of hazardous waste treatment, storage, or disposal facilities that collect, store, or treat hazardous waste on drip pads must provide the following additional information: (a) A list of hazardous wastes placed or to be placed on each drip pad. (b) If an exemption is sought to subpart F of part 264 of this chapter, as provided by § 264.90 of this chapter, detailed plans and an engineering report describing how the requirements of § 264.90(b)(2) of this chapter will be met. (c) Detailed plans and an engineering report describing how the drip pad is or will be designed, constructed, operated and maintained to meet the requirements of § 264.573 of this chapter, including the as-built drawings and specifications. This submission must address the following items as specified in § 264.571 of this chapter: (1) The design characteristics of the drip pad; (2) The liner system; (3) The leakage detection system, including the leak detection system and how it is designed to detect the failure of the drip pad or the presence of any releases of hazardous waste or accumulated liquid at the earliest practicable time; (4) Practices designed to maintain drip pads; (5) The associated collection system; (6) Control of run-on to the drip pad; (7) Control of run-off from the drip pad; (8) The interval at which drippage and other materials will be removed from the associated collection system and a statement demonstrating that the interval will be sufficient to prevent overflow onto the drip pad; (9) Procedures for cleaning the drip pad at least once every seven days to ensure the removal of any accumulated residues of waste or other materials, including but not limited to rinsing, washing with detergents or other appropriate solvents, or steam cleaning and provisions for documenting the date, time, and cleaning procedure used each time the pad is cleaned. (10) Operating practices and procedures that will be followed to ensure that tracking of haz… | |||
| 40:40:29.0.1.1.4.2.37.18 | 40 | Protection of Environment | I | I | 270 | PART 270—EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM | B | Subpart B—Permit Application | § 270.27 Specific Part B information requirements for air emission controls for tanks, surface impoundments, and containers. | EPA | [61 FR 59996, Nov. 25, 1996] | (a) Except as otherwise provided in 40 CFR 264.1, owners and operators of tanks, surface impoundments, or containers that use air emission controls in accordance with the requirements of 40 CFR part 264, subpart CC shall provide the following additional information: (1) Documentation for each floating roof cover installed on a tank subject to 40 CFR 264.1084(d)(1) or 40 CFR 264.1084(d)(2) that includes information prepared by the owner or operator or provided by the cover manufacturer or vendor describing the cover design, and certification by the owner or operator that the cover meets the applicable design specifications as listed in 40 CFR 264.1084(e)(1) or 40 CFR 264.1084(f)(1). (2) Identification of each container area subject to the requirements of 40 CFR part 264, subpart CC and certification by the owner or operator that the requirements of this subpart are met. (3) Documentation for each enclosure used to control air pollutant emissions from tanks or containers in accordance with the requirements of 40 CFR 264.1084(d)(5) or 40 CFR 264.1086(e)(1)(ii) that includes records for the most recent set of calculations and measurements performed by the owner or operator to verify that the enclosure meets the criteria of a permanent total enclosure as specified in “Procedure T—Criteria for and Verification of a Permanent or Temporary Total Enclosure” under 40 CFR 52.741, appendix B. (4) Documentation for each floating membrane cover installed on a surface impoundment in accordance with the requirements of 40 CFR 264.1085(c) that includes information prepared by the owner or operator or provided by the cover manufacturer or vendor describing the cover design, and certification by the owner or operator that the cover meets the specifications listed in 40 CFR 264.1085(c)(1). (5) Documentation for each closed-vent system and control device installed in accordance with the requirements of 40 CFR 264.1087 that includes design and performance information as specified in § 270.24 (c) and (d) of this part. (6) An emis… | |||
| 40:40:29.0.1.1.4.2.37.19 | 40 | Protection of Environment | I | I | 270 | PART 270—EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM | B | Subpart B—Permit Application | § 270.28 Part B information requirements for post-closure permits. | EPA | [63 FR 56735, Oct. 22, 1998] | For post-closure permits, the owner or operator is required to submit only the information specified in §§ 270.14(b)(1), (4), (5), (6), (11), (13), (14), (16), (18) and (19), (c), and (d), unless the Regional Administrator determines that additional information from §§ 270.14, 270.16, 270.17, 270.18, 270.20, or 270.21 is necessary. The owner or operator is required to submit the same information when an alternative authority is used in lieu of a post-closure permit as provided in § 270.1(c)(7). | |||
| 40:40:29.0.1.1.4.2.37.2 | 40 | Protection of Environment | I | I | 270 | PART 270—EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM | B | Subpart B—Permit Application | § 270.11 Signatories to permit applications and reports. | EPA | [48 FR 14228, Apr. 1, 1983, as amended at 48 FR 39622, Sept. 1, 1983; 63 FR 65941, Nov. 30, 1998; 71 FR 40279, July 14, 2006] | (a) Applications. All permit applications shall be signed as follows: (1) For a corporation: By a responsible corporate officer. For the purpose of this section, a responsible corporate officer means (i) A president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy- or decisionmaking functions for the corporation, or (ii) the manager of one or more manufacturing, production or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25 million (in second-quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. EPA does not require specific assignments or delegations of authority to responsible corporate officers identified in § 270.11(a)(1)(i). The Agency will presume that these responsible corporate officers have the requisite authority to sign permit applications unless the corporation has notified the Director to the contrary. Corporate procedures governing authority to sign permit applications may provide for assignment or delegation to applicable corporate positions under § 270.11(a)(1)(ii) rather than to specific individuals. (2) For a partnership or sole proprietorship; by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official. For purposes of this section, a principal executive officer of a Federal agency includes: (i) The chief executive officer of the agency, or (ii) a senior executive officer having responsibility for the overall operations of a principal geographic unit of the agency (e.g., Regional Administrators of EPA). (b) Reports. All reports required by permits and other information requested by the Director shall be signed by a person described in paragraph (a) of this section, or by a duly authorized representative o… | |||
| 40:40:29.0.1.1.4.2.37.20 | 40 | Protection of Environment | I | I | 270 | PART 270—EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM | B | Subpart B—Permit Application | § 270.29 Permit denial. | EPA | [54 FR 9607, Mar. 7, 1989] | The Director may, pursuant to the procedures in part 124, deny the permit application either in its entirety or as to the active life of a hazardous waste management facility or unit only. | |||
| 40:40:29.0.1.1.4.2.37.3 | 40 | Protection of Environment | I | I | 270 | PART 270—EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM | B | Subpart B—Permit Application | § 270.12 Confidentiality of information. | EPA | (a) In accordance with 40 CFR part 2, any information submitted to EPA pursuant to these regulations may be claimed as confidential by the submitter. Any such claim must be asserted at the time of submission in the manner prescribed on the application form or instructions or, in the case of other submissions, by stamping the words “confidential business information” on each page containing such information. If no claim is made at the time of submission, EPA may make the information available to the public without further notice. If a claim is asserted, the information will be treated in accordance with the procedures in 40 CFR part 2 (Public Information). (b) Claims of confidentiality for the name and address of any permit applicant or permittee will be denied. | ||||
| 40:40:29.0.1.1.4.2.37.4 | 40 | Protection of Environment | I | I | 270 | PART 270—EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM | B | Subpart B—Permit Application | § 270.13 Contents of part A of the permit application. | EPA | [48 FR 14228, Apr. 1, 1983, as amended at 57 FR 37281, Aug. 18, 1992; 71 FR 40279, July 14, 2006] | Part A of the RCRA application shall include the following information: (a) The activities conducted by the applicant which require it to obtain a permit under RCRA. (b) Name, mailing address, and location, including latitude and longitude of the facility for which the application is submitted. (c) Up to four SIC codes which best reflect the principal products or services provided by the facility. (d) The operator's name, address, telephone number, ownership status, and status as Federal, State, private, public, or other entity. (e) The name, address, and phone number of the owner of the facility. (f) Whether the facility is located on Indian lands. (g) An indication of whether the facility is new or existing and whether it is a first or revised application. (h) For existing facilities, (1) a scale drawing of the facility showing the location of all past, present, and future treatment, storage, and disposal areas; and (2) photographs of the facility clearly delineating all existing structures; existing treatment, storage, and disposal areas; and sites of future treatment, storage, and disposal areas. (i) A description of the processes to be used for treating, storing, and disposing of hazardous waste, and the design capacity of these items. (j) A specification of the hazardous wastes listed or designated under 40 CFR part 261 to be treated, stored, or disposed of at the facility, an estimate of the quantity of such wastes to be treated, stored, or disposed annually, and a general description of the processes to be used for such wastes. (k) A listing of all permits or construction approvals received or applied for under any of the following programs: (1) Hazardous Waste Management program under RCRA. (2) UIC program under the SWDA. (3) NPDES program under the CWA. (4) Prevention of Significant Deterioration (PSD) program under the Clean Air Act. (5) Nonattainment program under the Clean Air Act. (6) National Emission Standards for Hazardous Pollutants (NESHAPS) preconstruction approval under the C… | |||
| 40:40:29.0.1.1.4.2.37.5 | 40 | Protection of Environment | I | I | 270 | PART 270—EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM | B | Subpart B—Permit Application | § 270.14 Contents of part B: General requirements. | EPA | [48 FR 14228, Apr. 1, 1983; 48 FR 30114, June 30, 1983] | (a) Part B of the permit application consists of the general information requirements of this section, and the specific information requirements in §§ 0.14 through 270.29 applicable to the facility. The part B information requirements presented in §§ 270.14 through 270.29 reflect the standards promulgated in 40 CFR part 264. These information requirements are necessary in order for EPA to determine compliance with the part 264 standards. If owners and operators of HWM facilities can demonstrate that the information prescribed in part B can not be provided to the extent required, the Director may make allowance for submission of such information on a case-by-case basis. Information required in part B shall be submitted to the Director and signed in accordance with the requirements in § 270.11. Certain technical data, such as design drawings and specifications, and engineering studies shall be certified by a qualified Professional Engineer. For post-closure permits, only the information specified in § 270.28 is required in part B of the permit application. (b) General information requirements. The following information is required for all HWM facilities, except as § 264.1 provides otherwise: (1) A general description of the facility. (2) Chemical and physical analyses of the hazardous waste and hazardous debris to be handled at the facility. At a minimum, these analyses shall contain all the information which must be known to treat, store, or dispose of the wastes properly in accordance with part 264 of this chapter. (3) A copy of the waste analysis plan required by § 264.13(b) and, if applicable § 264.13(c). (4) A description of the security procedures and equipment required by § 264.14, or a justification demonstrating the reasons for requesting a waiver of this requirement. (5) A copy of the general inspection schedule required by § 264.15(b) of this part. Include where applicable, as part of the inspection schedule, specific requirements in §§ 264.174, 264.193(i), 264.195, 264.226, 264.254, 264.273, 264… | |||
| 40:40:29.0.1.1.4.2.37.6 | 40 | Protection of Environment | I | I | 270 | PART 270—EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM | B | Subpart B—Permit Application | § 270.15 Specific part B information requirements for containers. | EPA | [48 FR 14228, Apr. 1, 1983; 48 FR 30114, June 30, 1983; 59 FR 62952, Dec. 6, 1994] | Except as otherwise provided in § 264.170, owners or operators of facilities that store containers of hazardous waste must provide the following additional information: (a) A description of the containment system to demonstrate compliance with § 264.175. Show at least the following: (1) Basic design parameters, dimensions, and materials of construction. (2) How the design promotes drainage or how containers are kept from contact with standing liquids in the containment system. (3) Capacity of the containment system relative to the number and volume of containers to be stored. (4) Provisions for preventing or managing run-on. (5) How accumulated liquids can be analyzed and removed to prevent overflow. (b) For storage areas that store containers holding wastes that do not contain free liquids, a demonstration of compliance with § 264.175(c), including: (1) Test procedures and results or other documentation or information to show that the wastes do not contain free liquids; and (2) A description of how the storage area is designed or operated to drain and remove liquids or how containers are kept from contact with standing liquids. (c) Sketches, drawings, or data demonstrating compliance with § 264.176 (location of buffer zone and containers holding ignitable or reactive wastes) and § 264.177(c) (location of incompatible wastes), where applicable. (d) Where incompatible wastes are stored or otherwise managed in containers, a description of the procedures used to ensure compliance with §§ 264.177 (a) and (b), and 264.17 (b) and (c). (e) Information on air emission control equipment as required in § 270.27. | |||
| 40:40:29.0.1.1.4.2.37.7 | 40 | Protection of Environment | I | I | 270 | PART 270—EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM | B | Subpart B—Permit Application | § 270.16 Specific part B information requirements for tank systems. | EPA | [51 FR 25486, July 14, 1986; 51 FR 29431, Aug. 15, 1986; 59 FR 62952, Dec. 6, 1994; 71 FR 16914, Apr. 4, 2006] | Except as otherwise provided in § 264.190, owners and operators of facilities that use tanks to store or treat hazardous waste must provide the following additional information: (a) A written assessment that is reviewed and certified by a qualified Professional Engineer as to the structural integrity and suitability for handling hazardous waste of each tank system, as required under §§ 264.191 and 264.192 of this chapter; (b) Dimensions and capacity of each tank; (c) Description of feed systems, safety cutoff, bypass systems, and pressure controls (e.g., vents); (d) A diagram of piping, instrumentation, and process flow for each tank system; (e) A description of materials and equipment used to provide external corrosion protection, as required under § 264.192(a)(3)(ii); (f) For new tank systems, a detailed description of how the tank system(s) will be installed in compliance with § 264.192 (b), (c), (d), and (e); (g) Detailed plans and description of how the secondary containment system for each tank system is or will be designed, constructed, and operated to meet the requirements of § 264.193 (a), (b), (c), (d), (e), and (f); (h) For tank systems for which a variance from the requirements of § 264.193 is sought (as provided by §§ 264.193(g)): (1) Detailed plans and engineering and hydrogeologic reports, as appropriate, describing alternate design and operating practices that will, in conjunction with location aspects, prevent the migration of any hazardous waste or hazardous constituents into the ground water or surface water during the life of the facility, or (2) A detailed assessment of the substantial present or potential hazards posed to human health or the environment should a release enter the environment. (i) Description of controls and practices to prevent spills and overflows, as required under § 264.194(b); and (j) For tank systems in which ignitable, reactive, or incompatible wastes are to be stored or treated, a description of how operating procedures and tank system and facility design … | |||
| 40:40:29.0.1.1.4.2.37.8 | 40 | Protection of Environment | I | I | 270 | PART 270—EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM | B | Subpart B—Permit Application | § 270.17 Specific part B information requirements for surface impoundments. | EPA | [48 FR 14228, Apr. 1, 1983, as amended at 50 FR 2006, Jan. 14, 1985; 50 FR 28752, July 15, 1985; 57 FR 3495, Jan. 29, 1992; 59 FR 62952, Dec. 6, 1994; 71 FR 40279, July 14, 2006] | Except as otherwise provided in § 264.1, owners and operators of facilities that store, treat or dispose of hazardous waste in surface impoundments must provide the following additional information: (a) A list of the hazardous wastes placed or to be placed in each surface impoundment; (b) Detailed plans and an engineering report describing how the surface impoundment is designed and is or will be constructed, operated, and maintained to meet the requirements of §§ 264.19, 264.221, 264.222, and 264.223 of this chapter, addressing the following items: (1) The liner system (except for an existing portion of a surface impoundment). If an exemption from the requirement for a liner is sought as provided by § 264.221(b), submit detailed plans and engineering and hydrogeologic reports, as appropriate, describing alternate design and operating practices that will, in conjunction with location aspects, prevent the migration of any hazardous constituents into the ground water or surface water at any future time; (2) The double liner and leak (leachate) detection, collection, and removal system, if the surface impoundment must meet the requirements of § 264.221(c) of this chapter. If an exemption from the requirements for double liners and a leak detection, collection, and removal system or alternative design is sought as provided by § 264.221 (d), (e), or (f) of this chapter, submit appropriate information; (3) If the leak detection system is located in a saturated zone, submit detailed plans and an engineering report explaining the leak detection system design and operation, and the location of the saturated zone in relation to the leak detection system; (4) The construction quality assurance (CQA) plan if required under § 264.19 of this chapter; (5) Proposed action leakage rate, with rationale, if required under § 264.222 of this chapter, and response action plan, if required under § 264.223 of this chapter; (6) Prevention of overtopping; and (7) Structural integrity of dikes; (c) A description of how each surfa… | |||
| 40:40:29.0.1.1.4.2.37.9 | 40 | Protection of Environment | I | I | 270 | PART 270—EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM | B | Subpart B—Permit Application | § 270.18 Specific part B information requirements for waste piles. | EPA | [48 FR 14228, Apr. 1, 1983, as amended at 50 FR 2006, Jan. 14, 1985; 50 FR 28752, July 15, 1985; 57 FR 3496, Jan. 29, 1992; 71 FR 40279, July 14, 2006] | Except as otherwise provided in § 264.1, owners and operators of facilities that store or treat hazardous waste in waste piles must provide the following additional information: (a) A list of hazardous wastes placed or to be placed in each waste pile; (b) If an exemption is sought to § 264.251 and subpart F of part 264 as provided by § 264.250(c) or § 264.90(b)(2), an explanation of how the standards of § 264.250(c) will be complied with or detailed plans and an engineering report describing how the requirements of § 264.90(b)(2) will be met. (c) Detailed plans and an engineering report describing how the waste pile is designed and is or will be constructed, operated, and maintained to meet the requirements of §§ 264.19, 264.251, 264.252, and 264.253 of this chapter, addressing the following items: (1)(i) The liner system (except for an existing portion of a waste pile), if the waste pile must meet the requirements of § 264.251(a) of this chapter. If an exemption from the requirement for a liner is sought as provided by § 264.251(b) of this chapter, submit detailed plans, and engineering and hydrogeological reports, as appropriate, describing alternate designs and operating practices that will, in conjunction with location aspects, prevent the migration of any hazardous constituents into the ground water or surface water at any future time; (ii) The double liner and leak (leachate) detection, collection, and removal system, if the waste pile must meet the requirements of § 264.251(c) of this chapter. If an exemption from the requirements for double liners and a leak detection, collection, and removal system or alternative design is sought as provided by § 264.251(d), (e), or (f) of this chapter, submit appropriate information; (iii) If the leak detection system is located in a saturated zone, submit detailed plans and an engineering report explaining the leak detection system design and operation, and the location of the saturated zone in relation to the leak detection system; (iv) The construction quality… | |||
| 40:40:29.0.1.1.4.3.37.1 | 40 | Protection of Environment | I | I | 270 | PART 270—EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM | C | Subpart C—Permit Conditions | § 270.30 Conditions applicable to all permits. | EPA | [48 FR 14228, Apr. 1, 1983, as amended at 48 FR 30114, June 30, 1983; 48 FR 39622, Sept. 1, 1983; 50 FR 28752, July 15, 1985; 53 FR 37935, Sept. 28, 1988; 60 FR 63433, Dec. 11, 1995; 89 FR 60735, July 26, 2024] | The following conditions apply to all RCRA permits, and shall be incorporated into the permits either expressly or by reference. If incorporated by reference, a specific citation to these regulations (or the corresponding approved State regulations) must be given in the permit. (a) Duty to comply. The permittee must comply with all conditions of this permit, except that the permittee need not comply with the conditions of this permit to the extent and for the duration such noncompliance is authorized in an emergency permit. (See § 270.61). Any permit noncompliance, except under the terms of an emergency permit, constitutes a violation of the appropriate Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or for denial of a permit renewal application. (b) Duty to reapply. If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the permittee must apply for and obtain a new permit. (c) Need to halt or reduce activity not a defense. It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this permit. (d) In the event of noncompliance with the permit, the permittee shall take all reasonable steps to minimize releases to the environment, and shall carry out such measures as are reasonable to prevent significant adverse impacts on human health or the environment. (e) Proper operation and maintenance. The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance includes effective performance, adequate funding, adequate operator staffing and training, and adequate laboratory and process controls, including appropriate quality assurance proce… | |||
| 40:40:29.0.1.1.4.3.37.2 | 40 | Protection of Environment | I | I | 270 | PART 270—EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM | C | Subpart C—Permit Conditions | § 270.31 Requirements for recording and reporting of monitoring results. | EPA | All permits shall specify: (a) Requirements concerning the proper use, maintenance, and installation, when appropriate, of monitoring equipment or methods (including biological monitoring methods when appropriate); (b) Required monitoring including type, intervals, and frequency sufficient to yield data which are representative of the monitored activity including, when appropriate, continuous monitoring; (c) Applicable reporting requirements based upon the impact of the regulated activity and as specified in parts 264, 266 and 267. Reporting shall be no less frequent than specified in the above regulations. | ||||
| 40:40:29.0.1.1.4.3.37.3 | 40 | Protection of Environment | I | I | 270 | PART 270—EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM | C | Subpart C—Permit Conditions | § 270.32 Establishing permit conditions. | EPA | [48 FR 14228, Apr. 1, 1983, as amended at 50 FR 28752, July 15, 1985; 51 FR 40653, Nov. 7, 1986; 65 FR 30913, May 15, 2000; 70 FR 59577, Oct. 12, 2005] | (a) In addition to conditions required in all permits (§ 270.30), the Director shall establish conditions, as required on a case-by-case basis, in permits under §§ 270.50 (duration of permits), 270.33(a) (schedules of compliance), 270.31 (monitoring), and for EPA issued permits only, 270.33(b) (alternate schedules of compliance) and 270.3 (considerations under Federal law). (b)(1) Each RCRA permit shall include permit conditions necessary to achieve compliance with the Act and regulations, including each of the applicable requirements specified in parts 264 and 266 through 268 of this chapter. In satisfying this provision, the Administrator may incorporate applicable requirements of parts 264 and 266 through 268 of this chapter directly into the permit or establish other permit conditions that are based on these parts. (2) Each permit issued under section 3005 of this act shall contain terms and conditions as the Administrator or State Director determines necessary to protect human health and the environment. (3) If, as the result of an assessment(s) or other information, the Administrator or Director determines that conditions are necessary in addition to those required under 40 CFR parts 63, subpart EEE, 264 or 266 to ensure protection of human health and the environment, he shall include those terms and conditions in a RCRA permit for a hazardous waste combustion unit. (c) For a State issued permit, an applicable requirement is a State statutory or regulatory requirement which takes effect prior to final administrative disposition of a permit. For a permit issued by EPA, an applicable requirement is a statutory or regulatory requirement (including any interim final regulation) which takes effect prior to the issuance of the permit. Section 124.14 (reopening of comment period) provides a means for reopening EPA permit proceedings at the discretion of the Director where new requirements become effective during the permitting process and are of sufficient magnitude to make additional proceedings desirable. Fo… | |||
| 40:40:29.0.1.1.4.3.37.4 | 40 | Protection of Environment | I | I | 270 | PART 270—EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM | C | Subpart C—Permit Conditions | § 270.33 Schedules of compliance. | EPA | [48 FR 14228, Apr. 1, 1983, as amended at 48 FR 30114, June 30, 1983; 71 FR 40279, July 14, 2006] | (a) The permit may, when appropriate, specify a schedule of compliance leading to compliance with the Act and regulations. (1) Time for compliance. Any schedules of compliance under this section shall require compliance as soon as possible. (2) Interim dates. Except as provided in paragraph (b)(1)(ii) of this section, if a permit establishes a schedule of compliance which exceeds 1 year from the date of permit issuance, the schedule shall set forth interim requirements and the dates for their achievement. (i) The time between interim dates shall not exceed 1 year. (ii) If the time necessary for completion of any interim requirement is more than 1 year and is not readily divisible into stages for completion, the permit shall specify interim dates for the submission of reports of progress toward completion of the interim requirements and indicate a projected completion date. (3) Reporting. The permit shall be written to require that no later than 14 days following each interim date and the final date of compliance, the permittee shall notify the Director in writing, of its compliance or noncompliance with the interim or final requirements. (b) Alternative schedules of compliance. A RCRA permit applicant or permittee may cease conducting regulated activities (by receiving a terminal volume of hazardous waste and, for treatment and storage HWM facilities, closing pursuant to applicable requirements; and, for disposal HWM facilities, closing and conducting post-closure care pursuant to applicable requirements) rather than continue to operate and meet permit requirements as follows: (1) If the permittee decides to cease conducting regulated activities at a given time within the term of a permit which has already been issued: (i) The permit may be modified to contain a new or additional schedule leading to timely cessation of activities; or (ii) The permittee shall cease conducting permitted activities before noncompliance with any interim or final compliance schedule requirement already specified in th… | |||
| 40:40:29.0.1.1.4.4.37.1 | 40 | Protection of Environment | I | I | 270 | PART 270—EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM | D | Subpart D—Changes to Permit | § 270.40 Transfer of permits. | EPA | [53 FR 37935, Sept. 28, 1988, as amended at 70 FR 53475, Sept. 8, 2005] | (a) A permit may be transferred by the permittee to a new owner or operator only if the permit has been modified or revoked and reissued (under § 270.40(b) or § 270.41(b)(2)) to identify the new permittee and incorporate such other requirements as may be necessary under the appropriate Act. (b) Changes in the ownership or operational control of a facility may be made as a Class 1 modification with prior written approval of the Director in accordance with § 270.42 or as a routine change with prior approval under 40 CFR 124.213. The new owner or operator must submit a revised permit application no later than 90 days prior to the scheduled change. A written agreement containing a specific date for transfer of permit responsibility between the current and new permittees must also be submitted to the Director. When a transfer of ownership or operational control occurs, the old owner or operator shall comply with the requirements of 40 CFR part 264, subpart H (Financial Requirements) until the new owner or operator has demonstrated that he or she is complying with the requirements of that subpart. The new owner or operator must demonstrate compliance with subpart H requirements within six months of the date of the change of ownership or operational control of the facility. Upon demonstration to the Director by the new owner or operator of compliance with subpart H, the Director shall notify the old owner or operator that he or she no longer needs to comply with subpart H as of the date of demonstration. | |||
| 40:40:29.0.1.1.4.4.37.2 | 40 | Protection of Environment | I | I | 270 | PART 270—EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM | D | Subpart D—Changes to Permit | § 270.41 Modification or revocation and reissuance of permits. | EPA | [48 FR 14228, Apr. 1, 1983, as amended at 48 FR 30114, June 30, 1983; 50 FR 28752, July 15, 1985; 52 FR 45799, Dec. 1, 1987; 53 FR 37936, Sept. 28, 1988; 70 FR 53475, Sept. 8, 2005; 71 FR 40279, July 14, 2006] | When the Director receives any information (for example, inspects the facility, receives information submitted by the permittee as required in the permit (see § 270.30), receives a request for revocation and reissuance under § 124.5 or conducts a review of the permit file), he or she may determine whether one or more of the causes listed in paragraphs (a) and (b) of this section for modification, or revocation and reissuance or both exist. If cause exists, the Director may modify or revoke and reissue the permit accordingly, subject to the limitations of paragraph (c) of this section, and may request an updated application if necessary. When a permit is modified, only the conditions subject to modification are reopened. If a permit is revoked and reissued, the entire permit is reopened and subject to revision and the permit is reissued for a new term. (See 40 CFR 124.5(c)(2).) If cause does not exist under this section, the Director shall not modify or revoke and reissue the permit, except on request of the permittee. If a permit modification is requested by the permittee, the Director shall approve or deny the request according to the procedures of § 270.42, or § 270.320 and 40 CFR part 124, subpart G. Otherwise, a draft permit must be prepared and other procedures in part 124 (or procedures of an authorized State program) followed. (a) Causes for modification. The following are causes for modification, but not revocation and reissuance, of permits; the following may be causes for revocation and reissuance, as well as modification, when the permittee requests or agrees. (1) Alterations. There are material and substantial alterations or additions to the permitted facility or activity which occurred after permit issuance which justify the application of permit conditions that are different or absent in the existing permit. (2) Information. The Director has received information. Permits may be modified during their terms for this cause only if the information was not available at the time of permit issuanc… | |||
| 40:40:29.0.1.1.4.4.37.3 | 40 | Protection of Environment | I | I | 270 | PART 270—EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM | D | Subpart D—Changes to Permit | § 270.42 Permit modification at the request of the permittee. | EPA | [53 FR 37936, Sept. 28, 1988] | (a) Class 1 modifications. (1) Except as provided in paragraph (a)(2) of this section, the permittee may put into effect Class 1 modifications listed in appendix I of this section under the following conditions: (i) The permittee must notify the Director concerning the modification by certified mail or other means that establish proof of delivery within 7 calendar days after the change is put into effect. This notice must specify the changes being made to permit conditions or supporting documents referenced by the permit and must explain why they are necessary. Along with the notice, the permittee must provide the applicable information required by §§ 270.13 through 270.21, 270.62, and 270.63. (ii) The permittee must send a notice of the modification to all persons on the facility mailing list, maintained by the Director in accordance with 40 CFR 124.10(c)(viii), and the appropriate units of State and local government, as specified in 40 CFR 124.10(c)(ix). This notification must be made within 90 calendar days after the change is put into effect. For the Class I modifications that require prior Director approval, the notification must be made within 90 calendar days after the Director approves the request. (iii) Any person may request the Director to review, and the Director may for cause reject, any Class 1 modification. The Director must inform the permittee by certified mail that a Class 1 modification has been rejected, explaining the reasons for the rejection. If a Class 1 modification has been rejected, the permittee must comply with the original permit conditions. (2) Class 1 permit modifications identified in appendix I by an asterisk may be made only with the prior written approval of the Director. (3) For a Class 1 permit modification, the permittee may elect to follow the procedures in § 270.42(b) for Class 2 modifications instead of the Class 1 procedures. The permittee must inform the Director of this decision in the notice required in § 270.42(b)(1). (b) Class 2 modifications. (1) For Clas… | |||
| 40:40:29.0.1.1.4.4.37.4 | 40 | Protection of Environment | I | I | 270 | PART 270—EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM | D | Subpart D—Changes to Permit | § 270.43 Termination of permits. | EPA | [48 FR 14228, Apr. 1, 1983, as amended at 65 FR 30913, May 15, 2000] | (a) The following are causes for terminating a permit during its term, or for denying a permit renewal application: (1) Noncompliance by the permittee with any condition of the permit; (2) The permittee's failure in the application or during the permit issuance process to disclose fully all relevant facts, or the permittee's misrepresentation of any relevant facts at any time; or (3) A determination that the permitted activity endangers human health or the environment and can only be regulated to acceptable levels by permit modification or termination. (b) The Director shall follow the applicable procedures in part 124 or part 22, as appropriate or State procedures in terminating any permit under this section. | |||
| 40:40:29.0.1.1.4.5.37.1 | 40 | Protection of Environment | I | I | 270 | PART 270—EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM | E | Subpart E—Expiration and Continuation of Permits | § 270.50 Duration of permits. | EPA | [48 FR 14228, Apr. 1, 1983, as amended at 50 FR 28752, July 15, 1985] | (a) RCRA permits shall be effective for a fixed term not to exceed 10 years. (b) Except as provided in § 270.51, the term of a permit shall not be extended by modification beyond the maximum duration specified in this section. (c) The Director may issue any permit for a duration that is less than the full allowable term under this section. (d) Each permit for a land disposal facility shall be reviewed by the Director five years after the date of permit issuance or reissuance and shall be modified as necessary, as provided in § 270.41. | |||
| 40:40:29.0.1.1.4.5.37.2 | 40 | Protection of Environment | I | I | 270 | PART 270—EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM | E | Subpart E—Expiration and Continuation of Permits | § 270.51 Continuation of expiring permits. | EPA | [48 FR 14228, Apr. 1, 1983, as amended at 48 FR 39622, Sept. 1, 1983; 70 FR 53475, Sept. 8, 2005] | (a) EPA permits. When EPA is the permit-issuing authority, the conditions of an expired permit continue in force under 5 U.S.C. 558(c) until the effective date of a new permit (see § 124.15) if: (1) The permittee has submitted a timely application under § 270.14 and the applicable sections in §§ 270.15 through 270.29 which is a complete (under § 270.10(c)) application for a new permit; and (2) The Regional Administrator through no fault of the permittee, does not issue a new permit with an effective date under § 124.15 on or before the expiration date of the previous permit (for example, when issuance is impracticable due to time or resource constraints). (b) Effect. Permits continued under this section remain fully effective and enforceable. (c) Enforcement. When the permittee is not in compliance with the conditions of the expiring or expired permit, the Regional Administrator may choose to do any or all of the following: (1) Initiate enforcement action based upon the permit which has been continued; (2) Issue a notice of intent to deny the new permit under § 124.6. If the permit is denied, the owner or operator would then be required to cease the activities authorized by the continued permit or be subject to enforcement action for operating without a permit; (3) Issue a new permit under part 124 with appropriate conditions; or (4) Take other actions authorized by these regulations. (d) State continuation. In a State with a hazardous waste program authorized under 40 CFR part 271, if a permittee has submitted a timely and complete application under applicable State law and regulations, the terms and conditions of an EPA-issued RCRA permit continue in force beyond the expiration date of the permit, but only until the effective date of the State's issuance or denial of a State RCRA permit. (e) Standardized permits. (1) The conditions of your expired standardized permit continue until the effective date of your new permit (see 40 CFR 124.15) if all of the following are true: (i) If EPA is the … | |||
| 40:40:29.0.1.1.4.6.37.1 | 40 | Protection of Environment | I | I | 270 | PART 270—EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM | F | Subpart F—Special Forms of Permits | § 270.60 Permits by rule. | EPA | [48 FR 14228, Apr. 1, 1983, as amended at 50 FR 28752, July 15, 1985; 52 FR 45799, Dec. 1, 1987] | Notwithstanding any other provision of this part or part 124, the following shall be deemed to have a RCRA permit if the conditions listed are met: (a) Ocean disposal barges or vessels. The owner or operator of a barge or other vessel which accepts hazardous waste for ocean disposal, if the owner or operator: (1) Has a permit for ocean dumping issued under 40 CFR part 220 (Ocean Dumping, authorized by the Marine Protection, Research, and Sanctuaries Act, as amended, 33 U.S.C. 1420 et seq. ); (2) Complies with the conditions of that permit; and (3) Complies with the following hazardous waste regulations: (i) 40 CFR 264.11, Identification number; (ii) 40 CFR 264.71, Use of manifest system; (iii) 40 CFR 264.72, Manifest discrepancies; (iv) 40 CFR 264.73(a) and (b)(1), Operating record; (v) 40 CFR 264.75, Biennial report; and (vi) 40 CFR 264.76, Unmanifested waste report. (b) Injection wells. The owner or operator of an injection well disposing of hazardous waste, if the owner or operator: (1) Has a permit for underground injection issued under part 144 or 145; and (2) Complies with the conditions of that permit and the requirements of § 144.14 (requirements for wells managing hazardous waste). (3) For UIC permits issued after November 8, 1984: (i) Complies with 40 CFR 264.101; and (ii) Where the UIC well is the only unit at a facility which requires a RCRA permit, complies with 40 CFR 270.14(d). (c) Publicly owned treatment works. The owner or operator of a POTW which accepts for treatment hazardous waste, if the owner or operator: (1) Has an NPDES permit; (2) Complies with the conditions of that permit; and (3) Complies with the following regulations: (i) 40 CFR 264.11, Identification number; (ii) 40 CFR 264.71, Use of manifest system; (iii) 40 CFR 264.72, Manifest discrepancies; (iv) 40 CFR 264.73(a) and (b)(1), Operating record; (v) 40 CFR 264.75, Biennial report; (vi) 40 CFR 264.76, Unmanifested waste report; and (vii) For NPDES permits issued after November 8, 1984, 40 CFR 264.… | |||
| 40:40:29.0.1.1.4.6.37.2 | 40 | Protection of Environment | I | I | 270 | PART 270—EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM | F | Subpart F—Special Forms of Permits | § 270.61 Emergency permits. | EPA | [48 FR 14228, Apr. 1, 1983, as amended at 48 FR 30114, June 30, 1983; 60 FR 63433, Dec. 11, 1996] | (a) Notwithstanding any other provision of this part or part 124, in the event the Director finds an imminent and substantial endangerment to human health or the environment the Director may issue a temporary emergency permit: (1) To a non-permitted facility to allow treatment, storage, or disposal of hazardous waste or (2) to a permitted facility to allow treatment, storage, or disposal of a hazardous waste not covered by an effective permit. (b) This emergency permit: (1) May be oral or written. If oral, it shall be followed in five days by a written emergency permit; (2) Shall not exceed 90 days in duration; (3) Shall clearly specify the hazardous wastes to be received, and the manner and location of their treatment, storage, or disposal; (4) May be terminated by the Director at any time without process if he or she determines that termination is appropriate to protect human health and the environment; (5) Shall be accompanied by a public notice published under § 124.10(b) including: (i) Name and address of the office granting the emergency authorization; (ii) Name and location of the permitted HWM facility; (iii) A brief description of the wastes involved; (iv) A brief description of the action authorized and reasons for authorizing it; and (v) Duration of the emergency permit; and (6) Shall incorporate, to the extent possible and not inconsistent with the emergency situation, all applicable requirements of this part and 40 CFR parts 264 and 266. | |||
| 40:40:29.0.1.1.4.6.37.3 | 40 | Protection of Environment | I | I | 270 | PART 270—EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM | F | Subpart F—Special Forms of Permits | § 270.62 Hazardous waste incinerator permits. | EPA | [48 FR 14228, Apr. 1, 1983, as amended at 53 FR 37939, Sept. 28, 1988; 58 FR 46051, Aug. 31, 1993; 60 FR 63433, Dec. 11, 1995; 64 FR 53077, Sept. 30, 1999; 67 FR 6816, Feb. 13, 2002; 67 FR 77692, Dec. 19, 2002; 70 FR 34590, June 14, 2005; 70 FR 59578, Oct. 12, 2005] | When an owner or operator of a hazardous waste incineration unit becomes subject to RCRA permit requirements after October 12, 2005, or when an owner or operator of an existing hazardous waste incineration unit demonstrates compliance with the air emission standards and limitations in part 63, subpart EEE, of this chapter ( i.e. , by conducting a comprehensive performance test and submitting a Notification of Compliance under §§ 63.1207(j) and 63.1210(d) of this chapter documenting compliance with all applicable requirements of part 63, subpart EEE, of this chapter), the requirements of this section do not apply, except those provisions the Director determines are necessary to ensure compliance with §§ 264.345(a) and 264.345(c) of this chapter if you elect to comply with § 270.235(a)(1)(i) to minimize emissions of toxic compounds from startup, shutdown, and malfunction events. Nevertheless, the Director may apply the provisions of this section, on a case-by-case basis, for purposes of information collection in accordance with §§ 270.10(k), 270.10(l), 270.32(b)(2), and 270.32(b)(3). (a) For the purposes of determining operational readiness following completion of physical construction, the Director must establish permit conditions, including but not limited to allowable waste feeds and operating conditions, in the permit to a new hazardous waste incinerator. These permit conditions will be effective for the minimum time required to bring the incinerator to a point of operational readiness to conduct a trial burn, not to exceed 720 hours operating time for treatment of hazardous waste. The Director may extend the duration of this operational period once, for up to 720 additional hours, at the request of the applicant when good cause is shown. The permit may be modified to reflect the extension according to § 270.42 of this chapter. (1) Applicants must submit a statement, with part B of the permit application, which suggests the conditions necessary to operate in compliance with the performance standards of § 264.… | |||
| 40:40:29.0.1.1.4.6.37.4 | 40 | Protection of Environment | I | I | 270 | PART 270—EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM | F | Subpart F—Special Forms of Permits | § 270.63 Permits for land treatment demonstrations using field test or laboratory analyses. | EPA | [48 FR 14228, Apr. 1, 1983, as amended at 53 FR 37939, Sept. 28, 1988] | (a) For the purpose of allowing an owner or operator to meet the treatment demonstration requirements of § 264.272 of this chapter, the Director may issue a treatment demonstration permit. The permit must contain only those requirements necessary to meet the standards in § 264.272(c). The permit may be issued either as a treatment or disposal permit covering only the field test or laboratory analyses, or as a two-phase facility permit covering the field tests, or laboratory analyses, and design, construction operation and maintenance of the land treatment unit. (1) The Director may issue a two-phase facility permit if he finds that, based on information submitted in part B of the application, substantial, although incomplete or inconclusive, information already exists upon which to base the issuance of a facility permit. (2) If the Director finds that not enough information exists upon which he can establish permit conditions to attempt to provide for compliance with all of the requirements of subpart M, he must issue a treatment demonstration permit covering only the field test or laboratory analyses. (b) If the Director finds that a phased permit may be issued, he will establish, as requirements in the first phase of the facility permit, conditions for conducting the field tests or laboratory analyses. These permit conditions will include design and operating parameters (including the duration of the tests or analyses and, in the case of field tests, the horizontal and vertical dimensions of the treatment zone), monitoring procedures, post-demonstration clean-up activities, and any other conditions which the Director finds may be necessary under § 264.272(c). The Director will include conditions in the second phase of the facility permit to attempt to meet all subpart M requirements pertaining to unit design, construction, operation, and maintenance. The Director will establish these conditions in the second phase of the permit based upon the substantial but incomplete or inconclusive information contained i… | |||
| 40:40:29.0.1.1.4.6.37.5 | 40 | Protection of Environment | I | I | 270 | PART 270—EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM | F | Subpart F—Special Forms of Permits | § 270.64 Interim permits for UIC wells. | EPA | [48 FR 14228, Apr. 1, 1983; 48 FR 30114, June 30, 1983] | The Director may issue a permit under this part to any Class I UIC well (see § 144.6) injecting hazardous wastes within a State in which no UIC program has been approved or promulgated. Any such permit shall apply and insure compliance with all applicable requirements of 40 CFR part 264, subpart R (RCRA standards for wells), and shall be for a term not to exceed two years. No such permit shall be issued after approval or promulgation of a UIC program in the State. Any permit under this section shall contain a condition providing that it will terminate upon final action by the Director under a UIC program to issue or deny a UIC permit for the facility. | |||
| 40:40:29.0.1.1.4.6.37.6 | 40 | Protection of Environment | I | I | 270 | PART 270—EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM | F | Subpart F—Special Forms of Permits | § 270.65 Research, development, and demonstration permits. | EPA | [50 FR 28752, July 15, 1985] | (a) The Administrator may issue a research, development, and demonstration permit for any hazardous waste treatment facility which proposes to utilize an innovative and experimental hazardous waste treatment technology or process for which permit standards for such experimental activity have not been promulgated under part 264 or 266. Any such permit shall include such terms and conditions as will assure protection of human health and the environment. Such permits: (1) Shall provide for the construction of such facilities as necessary, and for operation of the facility for not longer than one year unless renewed as provided in paragraph (d) of this section, and (2) Shall provide for the receipt and treatment by the facility of only those types and quantities of hazardous waste which the Administrator deems necessary for purposes of determining the efficacy and performance capabilities of the technology or process and the effects of such technology or process on human health and the environment, and (3) Shall include such requirements as the Administrator deems necessary to protect human health and the environment (including, but not limited to, requirements regarding monitoring, operation, financial responsibility, closure, and remedial action), and such requirements as the Administrator deems necessary regarding testing and providing of information to the Administrator with respect to the operation of the facility. (b) For the purpose of expediting review and issuance of permits under this section, the Administrator may, consistent with the protection of human health and the environment, modify or waive permit application and permit issuance requirements in parts 124 and 270 except that there may be no modification or waiver of regulations regarding financial responsibility (including insurance) or of procedures regarding public participation. (c) The Administrator may order an immediate termination of all operations at the facility at any time he determines that termination is necessary to protect human he… | |||
| 40:40:29.0.1.1.4.6.37.7 | 40 | Protection of Environment | I | I | 270 | PART 270—EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM | F | Subpart F—Special Forms of Permits | § 270.66 Permits for boilers and industrial furnaces burning hazardous waste. | EPA | [56 FR 7239, Feb. 21, 1991; 56 FR 32692, July 17, 1991, as amended at 58 FR 46051, Aug. 31, 1993; 60 FR 63433, Dec. 11, 1995; 64 FR 53077, Sept. 30, 1999; 67 FR 77692, Dec. 19, 2002; 70 FR 34590, June 14, 2005; 70 FR 59578, Oct. 12, 2005] | When an owner or operator of a cement kiln, lightweight aggregate kiln, solid fuel boiler, liquid fuel boiler, or hydrochloric acid production furnace becomes subject to RCRA permit requirements after October 12, 2005 or when an owner or operator of an existing cement kiln, lightweight aggregate kiln, solid fuel boiler, liquid fuel boiler, or hydrochloric acid production furnace demonstrates compliance with the air emission standards and limitations in part 63, subpart EEE, of this chapter ( i.e. , by conducting a comprehensive performance test and submitting a Notification of Compliance under §§ 63.1207(j) and 63.1210(d) of this chapter documenting compliance with all applicable requirements of part 63, subpart EEE, of this chapter), the requirements of this section do not apply. The requirements of this section do apply, however, if the Director determines certain provisions are necessary to ensure compliance with §§ 266.102(e)(1) and 266.102(e)(2)(iii) of this chapter if you elect to comply with § 270.235(a)(1)(i) to minimize emissions of toxic compounds from startup, shutdown, and malfunction events; or if you are an area source and elect to comply with the §§ 266.105, 266.106, and 266.107 standards and associated requirements for particulate matter, hydrogen chloride and chlorine gas, and non-mercury metals; or the Director determines certain provisions apply, on a case-by-case basis, for purposes of information collection in accordance with §§ 270.10(k), 270.10(l), 270.32(b)(2), and 270.32(b)(3). (a) General. Owners and operators of new boilers and industrial furnaces (those not operating under the interim status standards of § 266.103 of this chapter) are subject to paragraphs (b) through (f) of this section. Boilers and industrial furnaces operating under the interim status standards of § 266.103 of this chapter are subject to paragraph (g) of this section. (b) Permit operating periods for new boilers and industrial furnaces. A permit for a new boiler or industrial furnace shall specify appropriate … | |||
| 40:40:29.0.1.1.4.6.37.8 | 40 | Protection of Environment | I | I | 270 | PART 270—EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM | F | Subpart F—Special Forms of Permits | § 270.67 RCRA standardized permits for storage and treatment units. | EPA | [70 FR 53475, Sept. 8, 2005] | RCRA standardized permits are special forms of permits for TSD owners or operators that: (a) Generate hazardous waste and then non-thermally treat or store the hazardous waste on-site in tanks, containers, or containment buildings; or (b) Receive hazardous waste generated off-site by a generator under the same ownership as the receiving facility, and then store or non-thermally treat the hazardous waste in containers, tanks, or containment buildings. Standardized permit facility owners or operators are regulated under subpart J of this part, part 124 subpart G of this chapter, and part 267 of this chapter. | |||
| 40:40:29.0.1.1.4.6.37.9 | 40 | Protection of Environment | I | I | 270 | PART 270—EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM | F | Subpart F—Special Forms of Permits | § 270.68 Remedial Action Plans (RAPs). | EPA | [63 FR 65941, Nov. 30, 1998] | Remedial Action Plans (RAPs) are special forms of permits that are regulated under subpart H of this part. | |||
| 40:40:29.0.1.1.4.7.37.1 | 40 | Protection of Environment | I | I | 270 | PART 270—EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM | G | Subpart G—Interim Status | § 270.70 Qualifying for interim status. | EPA | [48 FR 14228, Apr. 1, 1983, as amended at 49 FR 17718, Apr. 24, 1984; 50 FR 28753, July 15, 1985; 71 FR 40279, July 14, 2006] | (a) Any person who owns or operates an “existing HWM facility” or a facility in existence on the effective date of statutory or regulatory amendments under the Act that render the facility subject to the requirement to have a RCRA permit shall have interim status and shall be treated as having been issued a permit to the extent he or she has: (1) Complied with the requirements of section 3010(a) of RCRA pertaining to notification of hazardous waste activity. [ Comment: Some existing facilities may not be required to file a notification under section 3010(a) of RCRA. These facilities may qualify for interim status by meeting paragraph (a)(2) of this section.] [ Comment: Some existing facilities may not be required to file a notification under section 3010(a) of RCRA. These facilities may qualify for interim status by meeting paragraph (a)(2) of this section.] (2) Complied with the requirements of § 270.10 governing submission of part A applications; (b) Failure to qualify for interim status. If EPA has reason to believe upon examination of a part A application that it fails to meet the requirements of § 270.13, it shall notify the owner or operator in writing of the apparent deficiency. Such notice shall specify the grounds for EPA's belief that the application is deficient. The owner or operator shall have 30 days from receipt to respond to such a notification and to explain or cure the alleged deficiency in his part A application. If, after such notification and opportunity for response, EPA determines that the application is deficient it may take appropriate enforcement action. (c) Paragraph (a) of this section shall not apply to any facility which has been previously denied a RCRA permit or if authority to operate the facility under RCRA has been previously terminated. | |||
| 40:40:29.0.1.1.4.7.37.2 | 40 | Protection of Environment | I | I | 270 | PART 270—EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM | G | Subpart G—Interim Status | § 270.71 Operation during interim status. | EPA | (a) During the interim status period the facility shall not: (1) Treat, store, or dispose of hazardous waste not specified in part A of the permit application; (2) Employ processes not specified in part A of the permit application; or (3) Exceed the design capacities specified in part A of the permit application. (b) Interim status standards. During interim status, owners or operators shall comply with the interim status standards at 40 CFR part 265. | ||||
| 40:40:29.0.1.1.4.7.37.3 | 40 | Protection of Environment | I | I | 270 | PART 270—EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM | G | Subpart G—Interim Status | § 270.72 Changes during interim status. | EPA | [54 FR 9608, Mar. 7, 1989, as amended at 56 FR 7239, Feb. 21, 1991; 57 FR 37282, Aug. 18, 1992; 63 FR 33829, June 19, 1998; 71 FR 40279, July 14, 2006] | (a) Except as provided in paragraph (b), the owner or operator of an interim status facility may make the following changes at the facility: (1) Treatment, storage, or disposal of new hazardous wastes not previously identified in part A of the permit application (and, in the case of newly listed or identified wastes, addition of the units being used to treat, store, or dispose of the hazardous wastes on the effective date of the listing or identification) if the owner or operator submits a revised part A permit application prior to such treatment, storage, or disposal; (2) Increases in the design capacity of processes used at the facility if the owner or operator submits a revised part A permit application prior to such a change (along with a justification explaining the need for the change) and the Director approves the changes because: (i) There is a lack of available treatment, storage, or disposal capacity at other hazardous waste management facilities, or (ii) The change is necessary to comply with a Federal, State, or local requirement. (3) Changes in the processes for the treatment, storage, or disposal of hazardous waste or addition of processes if the owner or operator submits a revised part A permit application prior to such change (along with a justification explaining the need for the change) and the Director approves the change because: (i) The change is necessary to prevent a threat to human health and the environment because of an emergency situation, or (ii) The change is necessary to comply with a Federal, State, or local requirement. (4) Changes in the ownership or operational control of a facility if the new owner or operator submits a revised part A permit application no later than 90 days prior to the scheduled change. When a transfer of operational control of a facility occurs, the old owner or operator shall comply with the requirements of 40 CFR part 265, subpart H (Financial Requirements), until the new owner or operator has demonstrated to the Director that he is complying with t… | |||
| 40:40:29.0.1.1.4.7.37.4 | 40 | Protection of Environment | I | I | 270 | PART 270—EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM | G | Subpart G—Interim Status | § 270.73 Termination of interim status. | EPA | [48 FR 14228, Apr. 1, 1983, as amended at 50 FR 28753, July 15, 1985; 54 FR 9609, Mar. 7, 1989; 56 FR 7239, Feb. 21, 1991; 56 FR 32692, July 17, 1991; 63 FR 65941, Nov. 30, 1998] | Interim status terminates when: (a) Final administrative disposition of a permit application, except an application for a remedial action plan (RAP) under subpart H of this part, is made. (b) Interim status is terminated as provided in § 270.10(e)(5). (c) For owners or operators of each land disposal facility which has been granted interim status prior to November 8, 1984, on November 8, 1985, unless: (1) The owner or operator submits a part B application for a permit for such facility prior to that date; and (2) The owner or operator certifies that such facility is in compliance with all applicable ground-water monitoring and financial responsibility requirements. (d) For owners or operators of each land disposal facility which is in existence on the effective date of statutory or regulatory amendments under the Act that render the facility subject to the requirement to have a RCRA permit and which is granted interim status, twelve months after the date on which the facility first becomes subject to such permit requirement unless the owner or operator of such facility: (1) Submits a part B application for a RCRA permit for such facility before the date 12 months after the date on which the facility first becomes subject to such permit requirement; and (2) Certifies that such facility is in compliance with all applicable ground water monitoring and financial responsibility requirements. (e) For owners or operators of any land disposal unit that is granted authority to operate under § 270.72(a) (1), (2) or (3), on the date 12 months after the effective date of such requirement, unless the owner or operator certifies that such unit is in compliance with all applicable ground-water monitoring and financial responsibility requirements. (f) For owners and operators of each incinerator facility which has achieved interim status prior to November 8, 1984, interim status terminates on November 8, 1989, unless the owner or operator of the facility submits a part B application for a RCRA permit for an incinerator… | |||
| 40:40:29.0.1.1.4.8.37.1 | 40 | Protection of Environment | I | I | 270 | PART 270—EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM | H | Subpart H—Remedial Action Plans (RAPs) | § 270.79 Why is this subpart written in a special format? | EPA | This subpart is written in a special format to make it easier to understand the regulatory requirements. Like other Environmental Protection Agency (EPA) regulations, this establishes enforceable legal requirements. For this subpart, “I” and “you” refer to the owner/operator. | ||||
| 40:40:29.0.1.1.4.8.37.2 | 40 | Protection of Environment | I | I | 270 | PART 270—EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM | H | Subpart H—Remedial Action Plans (RAPs) | § 270.80 What is a RAP? | EPA | (a) A RAP is a special form of RCRA permit that you, as an owner or operator, may obtain, instead of a permit issued under §§ 270.3 through 270.66, to authorize you to treat, store, or dispose of hazardous remediation waste (as defined in § 260.10 of this chapter) at a remediation waste management site. A RAP may only be issued for the area of contamination where the remediation wastes to be managed under the RAP originated, or areas in close proximity to the contaminated area, except as allowed in limited circumstances under § 270.230. (b) The requirements in §§ 270.3 through 270.66 do not apply to RAPs unless those requirements for traditional RCRA permits are specifically required under §§ 270.80 through 270.230. The definitions in § 270.2 apply to RAPs. (c) Notwithstanding any other provision of this part or part 124 of this chapter, any document that meets the requirements in this section constitutes a RCRA permit under RCRA section 3005(c). (d) A RAP may be: (1) A stand-alone document that includes only the information and conditions required by this subpart; or (2) Part (or parts) of another document that includes information and/or conditions for other activities at the remediation waste management site, in addition to the information and conditions required by this subpart. (e) If you are treating, storing, or disposing of hazardous remediation wastes as part of a cleanup compelled by Federal or State cleanup authorities, your RAP does not affect your obligations under those authorities in any way. (f) If you receive a RAP at a facility operating under interim status, the RAP does not terminate your interim status. | ||||
| 40:40:29.0.1.1.4.8.37.3 | 40 | Protection of Environment | I | I | 270 | PART 270—EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM | H | Subpart H—Remedial Action Plans (RAPs) | § 270.85 When do I need a RAP? | EPA | (a) Whenever you treat, store, or dispose of hazardous remediation wastes in a manner that requires a RCRA permit under § 270.1, you must either obtain: (1) A RCRA permit according to §§ 270.3 through 270.66; or (2) A RAP according to this subpart. (b) Treatment units that use combustion of hazardous remediation wastes at a remediation waste management site are not eligible for RAPs under this subpart. (c) You may obtain a RAP for managing hazardous remediation waste at an already permitted RCRA facility. You must have these RAPs approved as a modification to your existing permit according to the requirements of § 270.41 or § 270.42 instead of the requirements in this subpart. When you submit an application for such a modification, however, the information requirements in § 270.42(a)(1)(i), (b)(1)(iv), and (c)(1)(iv) do not apply; instead, you must submit the information required under § 270.110. When your permit is modified the RAP becomes part of the RCRA permit. Therefore when your permit (including the RAP portion) is modified, revoked and reissued, terminated or when it expires, it will be modified according to the applicable requirements in §§ 270.40 through 270.42, revoked and reissued according to the applicable requirements in §§ 270.41 and 270.43, terminated according to the applicable requirements in § 270.43, and expire according to the applicable requirements in §§ 270.50 and 270.51. | ||||
| 40:40:29.0.1.1.4.8.37.4 | 40 | Protection of Environment | I | I | 270 | PART 270—EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM | H | Subpart H—Remedial Action Plans (RAPs) | § 270.90 Does my RAP grant me any rights or relieve me of any obligations? | EPA | The provisions of § 270.4 apply to RAPs. ( Note: The provisions of § 270.4(a) provide you assurance that, as long as you comply with your RAP, EPA will consider you in compliance with Subtitle C of RCRA, and will not take enforcement actions against you. However, you should be aware of four exceptions to this provision that are listed in § 270.4.) | ||||
| 40:40:29.0.1.1.4.8.38.10 | 40 | Protection of Environment | I | I | 270 | PART 270—EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM | H | Subpart H—Remedial Action Plans (RAPs) | § 270.120 To whom must I submit my RAP application? | EPA | You must submit your application for a RAP to the Director for approval. | ||||
| 40:40:29.0.1.1.4.8.38.11 | 40 | Protection of Environment | I | I | 270 | PART 270—EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM | H | Subpart H—Remedial Action Plans (RAPs) | § 270.125 If I submit my RAP application as part of another document, what must I do? | EPA | If you submit your application for a RAP as a part of another document, you must clearly identify the components of that document that constitute your RAP application. | ||||
| 40:40:29.0.1.1.4.8.38.5 | 40 | Protection of Environment | I | I | 270 | PART 270—EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM | H | Subpart H—Remedial Action Plans (RAPs) | § 270.95 How do I apply for a RAP? | EPA | To apply for a RAP, you must complete an application, sign it, and submit it to the Director according to the requirements in this subpart. | ||||
| 40:40:29.0.1.1.4.8.38.6 | 40 | Protection of Environment | I | I | 270 | PART 270—EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM | H | Subpart H—Remedial Action Plans (RAPs) | § 270.100 Who must obtain a RAP? | EPA | When a facility or remediation waste management site is owned by one person, but the treatment, storage or disposal activities are operated by another person, it is the operator's duty to obtain a RAP, except that the owner must also sign the RAP application. | ||||
| 40:40:29.0.1.1.4.8.38.7 | 40 | Protection of Environment | I | I | 270 | PART 270—EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM | H | Subpart H—Remedial Action Plans (RAPs) | § 270.105 Who must sign the application and any required reports for a RAP? | EPA | Both the owner and the operator must sign the RAP application and any required reports according to § 270.11(a), (b), and (c). In the application, both the owner and the operator must also make the certification required under § 270.11(d)(1). However, the owner may choose the alternative certification under § 270.11(d)(2) if the operator certifies under § 270.11(d)(1). | ||||
| 40:40:29.0.1.1.4.8.38.8 | 40 | Protection of Environment | I | I | 270 | PART 270—EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM | H | Subpart H—Remedial Action Plans (RAPs) | § 270.110 What must I include in my application for a RAP? | EPA | You must include the following information in your application for a RAP: (a) The name, address, and EPA identification number of the remediation waste management site; (b) The name, address, and telephone number of the owner and operator; (c) The latitude and longitude of the site; (d) The United States Geological Survey (USGS) or county map showing the location of the remediation waste management site; (e) A scaled drawing of the remediation waste management site showing: (1) The remediation waste management site boundaries; (2) Any significant physical structures; and (3) The boundary of all areas on-site where remediation waste is to be treated, stored or disposed; (f) A specification of the hazardous remediation waste to be treated, stored or disposed of at the facility or remediation waste management site. This must include information on: (1) Constituent concentrations and other properties of the hazardous remediation wastes that may affect how such materials should be treated and/or otherwise managed; (2) An estimate of the quantity of these wastes; and (3) A description of the processes you will use to treat, store, or dispose of this waste including technologies, handling systems, design and operating parameters you will use to treat hazardous remediation wastes before disposing of them according to the LDR standards of part 268 of this chapter, as applicable; (g) Enough information to demonstrate that operations that follow the provisions in your RAP application will ensure compliance with applicable requirements of parts 264, 266, and 268 of this chapter; (h) Such information as may be necessary to enable the Regional Administrator to carry out his duties under other Federal laws as is required for traditional RCRA permits under § 270.14(b)(20); (i) Any other information the Director decides is necessary for demonstrating compliance with this subpart or for determining any additional RAP conditions that are necessary to protect human health and the environment. | ||||
| 40:40:29.0.1.1.4.8.38.9 | 40 | Protection of Environment | I | I | 270 | PART 270—EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM | H | Subpart H—Remedial Action Plans (RAPs) | § 270.115 What if I want to keep this information confidential? | EPA | Part 2 (Public Information) of this chapter allows you to claim as confidential any or all of the information you submit to EPA under this subpart. You must assert any such claim at the time that you submit your RAP application or other submissions by stamping the words “confidential business information” on each page containing such information. If you do assert a claim at the time you submit the information, EPA will treat the information according to the procedures in part 2 of this chapter. If you do not assert a claim at the time you submit the information, EPA may make the information available to the public without further notice to you. EPA will deny any requests for confidentiality of your name and/or address. | ||||
| 40:40:29.0.1.1.4.8.39.12 | 40 | Protection of Environment | I | I | 270 | PART 270—EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM | H | Subpart H—Remedial Action Plans (RAPs) | § 270.130 What is the process for approving or denying my application for a RAP? | EPA | (a) If the Director tentatively finds that your RAP application includes all of the information required by § 270.110 and that your proposed remediation waste management activities meet the regulatory standards, the Director will make a tentative decision to approve your RAP application. The Director will then prepare a draft RAP and provide an opportunity for public comment before making a final decision on your RAP application, according to this subpart. (b) If the Director tentatively finds that your RAP application does not include all of the information required by § 270.110 or that your proposed remediation waste management activities do not meet the regulatory standards, the Director may request additional information from you or ask you to correct deficiencies in your application. If you fail or refuse to provide any additional information the Director requests, or to correct any deficiencies in your RAP application, the Director may make a tentative decision to deny your RAP application. After making this tentative decision, the Director will prepare a notice of intent to deny your RAP application (“notice of intent to deny”) and provide an opportunity for public comment before making a final decision on your RAP application, according to the requirements in this Subpart. The Director may deny the RAP application either in its entirety or in part. | ||||
| 40:40:29.0.1.1.4.8.39.13 | 40 | Protection of Environment | I | I | 270 | PART 270—EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM | H | Subpart H—Remedial Action Plans (RAPs) | § 270.135 What must the Director include in a draft RAP? | EPA | If the Director prepares a draft RAP, it must include the: (a) Information required under § 270.110(a) through (f); (b) The following terms and conditions: (1) Terms and conditions necessary to ensure that the operating requirements specified in your RAP comply with applicable requirements of parts 264, 266, and 268 of this chapter (including any recordkeeping and reporting requirements). In satisfying this provision, the Director may incorporate, expressly or by reference, applicable requirements of parts 264, 266, and 268 of this chapter into the RAP or establish site-specific conditions as required or allowed by parts 264, 266, and 268 of this chapter; (2) Terms and conditions in § 270.30; (3) Terms and conditions for modifying, revoking and reissuing, and terminating your RAP, as provided in § 270.170; and (4) Any additional terms or conditions that the Director determines are necessary to protect human health and the environment, including any terms and conditions necessary to respond to spills and leaks during use of any units permitted under the RAP; and (c) If the draft RAP is part of another document, as described in § 270.80(d)(2), the Director must clearly identify the components of that document that constitute the draft RAP. | ||||
| 40:40:29.0.1.1.4.8.39.14 | 40 | Protection of Environment | I | I | 270 | PART 270—EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM | H | Subpart H—Remedial Action Plans (RAPs) | § 270.140 What else must the Director prepare in addition to the draft RAP or notice of intent to deny? | EPA | Once the Director has prepared the draft RAP or notice of intent to deny, he must then: (a) Prepare a statement of basis that briefly describes the derivation of the conditions of the draft RAP and the reasons for them, or the rationale for the notice of intent to deny; (b) Compile an administrative record, including: (1) The RAP application, and any supporting data furnished by the applicant; (2) The draft RAP or notice of intent to deny; (3) The statement of basis and all documents cited therein (material readily available at the issuing Regional office or published material that is generally available need not be physically included with the rest of the record, as long as it is specifically referred to in the statement of basis); and (4) Any other documents that support the decision to approve or deny the RAP; and (c) Make information contained in the administrative record available for review by the public upon request. | ||||
| 40:40:29.0.1.1.4.8.39.15 | 40 | Protection of Environment | I | I | 270 | PART 270—EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM | H | Subpart H—Remedial Action Plans (RAPs) | § 270.145 What are the procedures for public comment on the draft RAP or notice of intent to deny? | EPA | (a) The Director must: (1) Send notice to you of his intention to approve or deny your RAP application, and send you a copy of the statement of basis; (2) Publish a notice of his intention to approve or deny your RAP application in a major local newspaper of general circulation; (3) Broadcast his intention to approve or deny your RAP application over a local radio station; and (4) Send a notice of his intention to approve or deny your RAP application to each unit of local government having jurisdiction over the area in which your site is located, and to each State agency having any authority under State law with respect to any construction or operations at the site. (b) The notice required by paragraph (a) of this section must provide an opportunity for the public to submit written comments on the draft RAP or notice of intent to deny within at least 45 days. (c) The notice required by paragraph (a) of this section must include: (1) The name and address of the office processing the RAP application; (2) The name and address of the RAP applicant, and if different, the remediation waste management site or activity the RAP will regulate; (3) A brief description of the activity the RAP will regulate; (4) The name, address and telephone number of a person from whom interested persons may obtain further information, including copies of the draft RAP or notice of intent to deny, statement of basis, and the RAP application; (5) A brief description of the comment procedures in this section, and any other procedures by which the public may participate in the RAP decision; (6) If a hearing is scheduled, the date, time, location and purpose of the hearing; (7) If a hearing is not scheduled, a statement of procedures to request a hearing; (8) The location of the administrative record, and times when it will be open for public inspection; and (9) Any additional information the Director considers necessary or proper. (d) If, within the comment period, the Director receives written notice of opposition to his inte… | ||||
| 40:40:29.0.1.1.4.8.39.16 | 40 | Protection of Environment | I | I | 270 | PART 270—EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM | H | Subpart H—Remedial Action Plans (RAPs) | § 270.150 How will the Director make a final decision on my RAP application? | EPA | (a) The Director must consider and respond to any significant comments raised during the public comment period, or during any hearing on the draft RAP or notice of intent to deny, and revise your draft RAP based on those comments, as appropriate. (b) If the Director determines that your RAP includes the information and terms and conditions required in § 270.135, then he will issue a final decision approving your RAP and, in writing, notify you and all commenters on your draft RAP that your RAP application has been approved. (c) If the Director determines that your RAP does not include the information required in § 270.135, then he will issue a final decision denying your RAP and, in writing, notify you and all commenters on your draft RAP that your RAP application has been denied. (d) If the Director's final decision is that the tentative decision to deny the RAP application was incorrect, he will withdraw the notice of intent to deny and proceed to prepare a draft RAP, according to the requirements in this subpart. (e) When the Director issues his final RAP decision, he must refer to the procedures for appealing the decision under § 270.155. (f) Before issuing the final RAP decision, the Director must compile an administrative record. Material readily available at the issuing Regional office or published materials which are generally available and which are included in the administrative record need not be physically included with the rest of the record as long as it is specifically referred to in the statement of basis or the response to comments. The administrative record for the final RAP must include information in the administrative record for the draft RAP (see § 270.140(b)) and: (1) All comments received during the public comment period; (2) Tapes or transcripts of any hearings; (3) Any written materials submitted at these hearings; (4) The responses to comments; (5) Any new material placed in the record since the draft RAP was issued; (6) Any other documents supporting the RAP; and (7) A copy … | ||||
| 40:40:29.0.1.1.4.8.39.17 | 40 | Protection of Environment | I | I | 270 | PART 270—EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM | H | Subpart H—Remedial Action Plans (RAPs) | § 270.155 May the decision to approve or deny my RAP application be administratively appealed? | EPA | [63 FR 65941, Nov. 30, 1998, as amended at 78 FR 5288, Jan. 25, 2013] | (a) Any commenter on the draft RAP or notice of intent to deny, or any participant in any public hearing(s) on the draft RAP, may appeal the Director's decision to approve or deny your RAP application to EPA's Environmental Appeals Board under § 124.19 of this chapter. Any person who did not file comments, or did not participate in any public hearing(s) on the draft RAP, may petition for administrative review only to the extent of the changes from the draft to the final RAP decision. Appeals of RAPs may be made to the same extent as for final permit decisions under § 124.15 of this chapter (or a decision under § 270.29 to deny a permit for the active life of a RCRA hazardous waste management facility or unit). (b) This appeal is a prerequisite to seeking judicial review of these EPA actions. | |||
| 40:40:29.0.1.1.4.8.39.18 | 40 | Protection of Environment | I | I | 270 | PART 270—EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM | H | Subpart H—Remedial Action Plans (RAPs) | § 270.160 When does my RAP become effective? | EPA | Your RAP becomes effective 30 days after the Director notifies you and all commenters that your RAP is approved unless: (a) The Director specifies a later effective date in his decision; (b) You or another person has appealed your RAP under § 270.155 (if your RAP is appealed, and the request for review is granted under § 270.155, conditions of your RAP are stayed according to § 124.16 of this chapter); or (c) No commenters requested a change in the draft RAP, in which case the RAP becomes effective immediately when it is issued. | ||||
| 40:40:29.0.1.1.4.8.39.19 | 40 | Protection of Environment | I | I | 270 | PART 270—EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM | H | Subpart H—Remedial Action Plans (RAPs) | § 270.165 When may I begin physical construction of new units permitted under the RAP? | EPA | You must not begin physical construction of new units permitted under the RAP for treating, storing or disposing of hazardous remediation waste before receiving a finally effective RAP. | ||||
| 40:40:29.0.1.1.4.8.40.20 | 40 | Protection of Environment | I | I | 270 | PART 270—EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM | H | Subpart H—Remedial Action Plans (RAPs) | § 270.170 After my RAP is issued, how may it be modified, revoked and reissued, or terminated? | EPA | In your RAP, the Director must specify, either directly or by reference, procedures for future modifications, revocations and reissuance, or terminations of your RAP. These procedures must provide adequate opportunities for public review and comment on any modification, revocation and reissuance, or termination that would significantly change your management of your remediation waste, or that otherwise merits public review and comment. If your RAP has been incorporated into a traditional RCRA permit, as allowed under § 270.85(c), then the RAP will be modified according to the applicable requirements in §§ 270.40 through 270.42, revoked and reissued according to the applicable requirements in §§ 270.41 and 270.43, or terminated according to the applicable requirements of § 270.43. | ||||
| 40:40:29.0.1.1.4.8.40.21 | 40 | Protection of Environment | I | I | 270 | PART 270—EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM | H | Subpart H—Remedial Action Plans (RAPs) | § 270.175 For what reasons may the Director choose to modify my final RAP? | EPA | (a) The Director may modify your final RAP on his own initiative only if one or more of the following reasons listed in this section exist(s). If one or more of these reasons do not exist, then the Director will not modify your final RAP, except at your request. Reasons for modification are: (1) You made material and substantial alterations or additions to the activity that justify applying different conditions; (2) The Director finds new information that was not available at the time of RAP issuance and would have justified applying different RAP conditions at the time of issuance; (3) The standards or regulations on which the RAP was based have changed because of new or amended statutes, standards or regulations, or by judicial decision after the RAP was issued; (4) If your RAP includes any schedules of compliance, the Director may find reasons to modify your compliance schedule, such as an act of God, strike, flood, or materials shortage or other events over which you as the owner/operator have little or no control and for which there is no reasonably available remedy; (5) You are not in compliance with conditions of your RAP; (6) You failed in the application or during the RAP issuance process to disclose fully all relevant facts, or you misrepresented any relevant facts at the time; (7) The Director has determined that the activity authorized by your RAP endangers human health or the environment and can only be remedied by modifying; or (8) You have notified the Director (as required in the RAP under § 270.30(l)(3)) of a proposed transfer of a RAP. (b) Notwithstanding any other provision in this section, when the Director reviews a RAP for a land disposal facility under § 270.195, he may modify the permit as necessary to assure that the facility continues to comply with the currently applicable requirements in parts 124, 260 through 266 and 270 of this chapter. (c) The Director will not reevaluate the suitability of the facility location at the time of RAP modification unless new information or sta… | ||||
| 40:40:29.0.1.1.4.8.40.22 | 40 | Protection of Environment | I | I | 270 | PART 270—EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM | H | Subpart H—Remedial Action Plans (RAPs) | § 270.180 For what reasons may the Director choose to revoke and reissue my final RAP? | EPA | (a) The Director may revoke and reissue your final RAP on his own initiative only if one or more reasons for revocation and reissuance exist(s). If one or more reasons do not exist, then the Director will not modify or revoke and reissue your final RAP, except at your request. Reasons for modification or revocation and reissuance are the same as the reasons listed for RAP modifications in § 270.175(a)(5) through (8) if the Director determines that revocation and reissuance of your RAP is appropriate. (b) The Director will not reevaluate the suitability of the facility location at the time of RAP revocation and reissuance, unless new information or standards indicate that a threat to human health or the environment exists that was unknown when the RAP was issued. | ||||
| 40:40:29.0.1.1.4.8.40.23 | 40 | Protection of Environment | I | I | 270 | PART 270—EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM | H | Subpart H—Remedial Action Plans (RAPs) | § 270.185 For what reasons may the Director choose to terminate my final RAP, or deny my renewal application? | EPA | The Director may terminate your final RAP on his own initiative, or deny your renewal application for the same reasons as those listed for RAP modifications in § 270.175(a)(5) through (7) if the Director determines that termination of your RAP or denial of your RAP renewal application is appropriate. | ||||
| 40:40:29.0.1.1.4.8.40.24 | 40 | Protection of Environment | I | I | 270 | PART 270—EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM | H | Subpart H—Remedial Action Plans (RAPs) | § 270.190 May the decision to approve or deny a modification, revocation and reissuance, or termination of my RAP be administratively appealed? | EPA | (a) Any commenter on the modification, revocation and reissuance or termination, or any person who participated in any hearing(s) on these actions, may appeal the Director's decision to approve a modification, revocation and reissuance, or termination of your RAP, according to § 270.155. Any person who did not file comments or did not participate in any public hearing(s) on the modification, revocation and reissuance or termination, may petition for administrative review only of the changes from the draft to the final RAP decision. (b) Any commenter on the modification, revocation and reissuance or termination, or any person who participated in any hearing(s) on these actions, may informally appeal the Director's decision to deny a request for modification, revocation and reissuance, or termination to EPA's Environmental Appeals Board. Any person who did not file comments, or did not participate in any public hearing(s) on the modification, revocation and reissuance or termination may petition for administrative review only of the changes from the draft to the final RAP decision. (c) The process for informal appeals of RAPs is as follows: (1) The person appealing the decision must send a letter to the Environmental Appeals Board. The letter must briefly set forth the relevant facts. (2) The Environmental Appeals Board has 60 days after receiving the letter to act on it. (3) If the Environmental Appeals Board does not take action on the letter within 60 days after receiving it, the appeal shall be considered denied. (d) This informal appeal is a prerequisite to seeking judicial review of these EPA actions. | ||||
| 40:40:29.0.1.1.4.8.40.25 | 40 | Protection of Environment | I | I | 270 | PART 270—EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM | H | Subpart H—Remedial Action Plans (RAPs) | § 270.195 When will my RAP expire? | EPA | RAPs must be issued for a fixed term, not to exceed 10 years, although they may be renewed upon approval by the Director in fixed increments of no more than ten years. In addition, the Director must review any RAP for hazardous waste land disposal five years after the date of issuance or reissuance and you or the Director must follow the requirements for modifying your RAP as necessary to assure that you continue to comply with currently applicable requirements in RCRA sections 3004 and 3005. | ||||
| 40:40:29.0.1.1.4.8.40.26 | 40 | Protection of Environment | I | I | 270 | PART 270—EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM | H | Subpart H—Remedial Action Plans (RAPs) | § 270.200 How may I renew my RAP if it is expiring? | EPA | If you wish to renew your expiring RAP, you must follow the process for application for and issuance of RAPs in this subpart. | ||||
| 40:40:29.0.1.1.4.8.40.27 | 40 | Protection of Environment | I | I | 270 | PART 270—EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM | H | Subpart H—Remedial Action Plans (RAPs) | § 270.205 What happens if I have applied correctly for a RAP renewal but have not received approval by the time my old RAP expires? | EPA | If you have submitted a timely and complete application for a RAP renewal, but the Director, through no fault of yours, has not issued a new RAP with an effective date on or before the expiration date of your previous RAP, your previous RAP conditions continue in force until the effective date of your new RAP or RAP denial. | ||||
| 40:40:29.0.1.1.4.8.41.28 | 40 | Protection of Environment | I | I | 270 | PART 270—EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM | H | Subpart H—Remedial Action Plans (RAPs) | § 270.210 What records must I maintain concerning my RAP? | EPA | You are required to keep records of: (a) All data used to complete RAP applications and any supplemental information that you submit for a period of at least 3 years from the date the application is signed; and (b) Any operating and/or other records the Director requires you to maintain as a condition of your RAP. | ||||
| 40:40:29.0.1.1.4.8.41.29 | 40 | Protection of Environment | I | I | 270 | PART 270—EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM | H | Subpart H—Remedial Action Plans (RAPs) | § 270.215 How are time periods in the requirements in this subpart and my RAP computed? | EPA | (a) Any time period scheduled to begin on the occurrence of an act or event must begin on the day after the act or event. (For example, if your RAP specifies that you must close a staging pile within 180 days after the operating term for that staging pile expires, and the operating term expires on June 1, then June 2 counts as day one of your 180 days, and you would have to complete closure by November 28.) (b) Any time period scheduled to begin before the occurrence of an act or event must be computed so that the period ends on the day before the act or event. (For example, if you are transferring ownership or operational control of your site, and wish to transfer your RAP, the new owner or operator must submit a revised RAP application no later than 90 days before the scheduled change. Therefore, if you plan to change ownership on January 1, the new owner/operator must submit the revised RAP application no later than October 3, so that the 90th day would be December 31.) (c) If the final day of any time period falls on a weekend or legal holiday, the time period must be extended to the next working day. (For example, if you wish to appeal the Director's decision to modify your RAP, then you must petition the Environmental Appeals Board within 30 days after the Director has issued the final RAP decision. If the 30th day falls on Sunday, then you may submit your appeal by the Monday after. If the 30th day falls on July 4th, then you may submit your appeal by July 5th.) (d) Whenever a party or interested person has the right to or is required to act within a prescribed period after the service of notice or other paper upon him by mail, 3 days must be added to the prescribed term. (For example, if you wish to appeal the Director's decision to modify your RAP, then you must petition the Environmental Appeals Board within 30 days after the Director has issued the final RAP decision. However, if the Director notifies you of his decision by mail, then you may have 33 days to petition the Environmental Appeals Board.… | ||||
| 40:40:29.0.1.1.4.8.41.30 | 40 | Protection of Environment | I | I | 270 | PART 270—EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM | H | Subpart H—Remedial Action Plans (RAPs) | § 270.220 How may I transfer my RAP to a new owner or operator? | EPA | (a) If you wish to transfer your RAP to a new owner or operator, you must follow the requirements specified in your RAP for RAP modification to identify the new owner or operator, and incorporate any other necessary requirements. These modifications do not constitute “significant” modifications for purposes of § 270.170. The new owner/operator must submit a revised RAP application no later than 90 days before the scheduled change along with a written agreement containing a specific date for transfer of RAP responsibility between you and the new permittees. (b) When a transfer of ownership or operational control occurs, you as the old owner or operator must comply with the applicable requirements in part 264, subpart H (Financial Requirements), of this chapter until the new owner or operator has demonstrated that he is complying with the requirements in that subpart. The new owner or operator must demonstrate compliance with part 264, subpart H, of this chapter within six months of the date of the change in ownership or operational control of the facility or remediation waste management site. When the new owner/operator demonstrates compliance with part 264, subpart H, of this chapter to the Director, the Director will notify you that you no longer need to comply with part 264, subpart H, of this chapter as of the date of demonstration. | ||||
| 40:40:29.0.1.1.4.8.41.31 | 40 | Protection of Environment | I | I | 270 | PART 270—EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM | H | Subpart H—Remedial Action Plans (RAPs) | § 270.225 What must the State or EPA Region report about noncompliance with RAPs? | EPA | The State or EPA Region must report noncompliance with RAPs according to the provisions of § 270.5. | ||||
| 40:40:29.0.1.1.4.8.42.32 | 40 | Protection of Environment | I | I | 270 | PART 270—EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM | H | Subpart H—Remedial Action Plans (RAPs) | § 270.230 May I perform remediation waste management activities under a RAP at a location removed from the area where the remediation wastes originated? | EPA | (a) You may request a RAP for remediation waste management activities at a location removed from the area where the remediation wastes originated if you believe such a location would be more protective than the contaminated area or areas in close proximity. (b) If the Director determines that an alternative location, removed from the area where the remediation waste originated, is more protective than managing remediation waste at the area of contamination or areas in close proximity, then the Director may approve a RAP for this alternative location. (c) You must request the RAP, and the Director will approve or deny the RAP, according to the procedures and requirements in this subpart. (d) A RAP for an alternative location must also meet the following requirements, which the Director must include in the RAP for such locations: (1) The RAP for the alternative location must be issued to the person responsible for the cleanup from which the remediation wastes originated; (2) The RAP is subject to the expanded public participation requirements in §§ 124.31, 124.32, and 124.33 of this chapter; (3) The RAP is subject to the public notice requirements in § 124.10(c) of this chapter; (4) The site permitted in the RAP may not be located within 61 meters or 200 feet of a fault which has had displacement in the Holocene time (you must demonstrate compliance with this standard through the requirements in § 270.14(b)(11)) (See definitions of terms in § 264.18(a) of this chapter); Sites located in political jurisdictions other than those listed in Appendix VI of part 264 of this chapter, are assumed to be in compliance with this requirement. (e) These alternative locations are remediation waste management sites, and retain the following benefits of remediation waste management sites: (1) Exclusion from facility-wide corrective action under § 264.101 of this chapter; and (2) Application of § 264.1(j) of this chapter in lieu of part 264, subparts B, C, and D, of this chapter. | ||||
| 40:40:29.0.1.1.4.9.43.1 | 40 | Protection of Environment | I | I | 270 | PART 270—EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM | I | Subpart I—Integration with Maximum Achievable Control Technology (MACT) Standards | § 270.235 Options for incinerators, cement kilns, lightweight aggregate kilns, solid fuel boilers, liquid fuel boilers and hydrochloric acid production furnaces to minimize emissions from startup, shutdown, and malfunction events. | EPA | [67 FR 6817, Feb. 13, 2002, as amended at 70 FR 59578, Oct. 12, 2005] | (a) Facilities with existing permits —(1) Revisions to permit conditions after documenting compliance with MACT. The owner or operator of a RCRA-permitted incinerator, cement kiln, lightweight aggregate kiln, solid fuel boiler, liquid fuel boiler, or hydrochloric acid production furnace may request that the Director address permit conditions that minimize emissions from startup, shutdown, and malfunction events under any of the following options when requesting removal of permit conditions that are no longer applicable according to §§ 264.340(b) and 266.100(b) of this chapter: (i) Retain relevant permit conditions. Under this option, the Director will: (A) Retain permit conditions that address releases during startup, shutdown, and malfunction events, including releases from emergency safety vents, as these events are defined in the facility's startup, shutdown, and malfunction plan required under § 63.1206(c)(2) of this chapter; and (B) Limit applicability of those permit conditions only to when the facility is operating under its startup, shutdown, and malfunction plan. (ii) Revise relevant permit conditions. (A) Under this option, the Director will: ( 1 ) Identify a subset of relevant existing permit requirements, or develop alternative permit requirements, that ensure emissions of toxic compounds are minimized from startup, shutdown, and malfunction events, including releases from emergency safety vents, based on review of information including the source's startup, shutdown, and malfunction plan, design, and operating history. ( 2 ) Retain or add these permit requirements to the permit to apply only when the facility is operating under its startup, shutdown, and malfunction plan. (B) Changes that may significantly increase emissions. ( 1 ) You must notify the Director in writing of changes to the startup, shutdown, and malfunction plan or changes to the design of the source that may significantly increase emissions of toxic compounds from startup, shutdown, or malfunction events, including re… |
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