[Title 40 CFR 270.1]
[Code of Federal Regulations (annual edition) - July 1, 2002 Edition]
[Title 40 - PROTECTION OF ENVIRONMENT]
[Chapter I - ENVIRONMENTAL PROTECTION]
[Subchapter I - SOLID WASTES (CONTINUED)]
[Part 270 - EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM]
[Subpart A - General Information]
[Sec. 270.1 - Purpose and scope of these regulations.]
[From the U.S. Government Printing Office]
40PROTECTION OF ENVIRONMENT232002-07-012002-07-01falsePurpose and scope of these regulations.270.1Sec. 270.1PROTECTION OF ENVIRONMENTENVIRONMENTAL PROTECTIONSOLID WASTES (CONTINUED)EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAMGeneral Information
Sec. 270.1 Purpose and scope of these regulations.
(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.
------------------------------------------------------------------------
Final
Section of RCRA Coverage regulation
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Subtitle C................... Overview and definitions..... 40 CFR
part 260
3001......................... Indentification and listing 40 CFR
of hazardous waste. part 261
3002......................... Generators of hazardous waste 40 CFR
part 262
3003......................... Transporters of hazardous 40 CFR
waste. part 263
3004......................... Standards for HWM facilities. 40 CFR
parts 264,
265, 266,
and 267
3005......................... Permit requirements for HWM 40 CFR
facilities. parts 270
and 124
3006......................... Guidelines for State programs 40 CFR
part 271
3010......................... Preliminary notification of (public
HWM activity. notice) 45
FR 12746
February
26, 1980
------------------------------------------------------------------------
(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, and 267.
(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. A RCRA permit application consists
of two parts, part A (see Sec. 270.13) and part B (see Sec. 270.14 and
applicable sections in Secs. 270.15 through 270.29). For ``existing HWM
facilities,'' the requirement to submit an application is satisfied by
submitting only part A of the permit application until the date the
Director sets for submitting part B of the application. (Part A consists
of Forms 1 and 3 of the Consolidated Permit Application Forms.) Timely
submission of both notification under section 3010 and part A qualifies
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owners and operators of existing HWM facilities (who are required to
have a permit) for interim status under section 3005(e) of RCRA.
Facility owners and operators with interim status are treated as having
been issued a permit until EPA or a State with interim authorization for
Phase II or final authorization under part 271 makes a final
determination on the permit application. Facility owners and operators
with interim status must comply with interim status standards set forth
at 40 CFR part 265 and 266 or with the analagous provisions of a State
program which has received interim or final authorization under part
271. Facility owners and operators with interim status are not relieved
from complying with other State requirements. For existing HWM
facilities, the Director shall set a date, giving at least six months
notice, for submission of part B of the application. There is no form
for part B of the application; rather, part B must be submitted in
narrative form and contain the information set forth in the applicable
sections of Secs. 270.14 through 270.29. Owners or operators of new HWM
facilities must submit parts A and B of the permit application at least
180 days before physical construction is expected to commence.
(c) Scope of the RCRA permit requirement. RCRA requires a permit for
the ``treatment,'' ``storage,'' and ``disposal'' of any ``hazardous
waste'' as identified or listed in 40 CFR part 261. The terms
``treatment,'' ``storage,'' ``disposal,'' and ``hazardous waste'' are
defined in Sec. 270.2. Owners and operators of hazardous waste
management units must have permits during the active life (including the
closure period) of the unit. Owners and operators of surface
impoundments, landfills, land treatment units, and waste pile units that
received waste after July 26, 1982, or that certified closure (according
to Sec. 265.115 of this chapter) after January 26, 1983, must have post-
closure permits, unless they demonstrate closure by removal or
decontamination as provided under Sec. 270.1(c)(5) and (6), or obtain an
enforceable document in lieu of a post-closure permit, as provided under
paragraph (c)(7) of this section. If a post-closure permit is required,
the permit must address applicable 40 CFR part 264 groundwater
monitoring, unsaturated zone monitoring, corrective action, and post-
closure care requirements of this chapter. The denial of a permit for
the active life of a hazardous waste management facility or unit does
not affect the requirement to obtain a post-closure permit under this
section.
(1) Specific inclusions. Owners and operators of certain facilities
require RCRA permits as well as permits under other programs for certain
aspects of the facility operation. RCRA permits are required for:
(i) Injection wells that dispose of hazardous waste, and associated
surface facilities that treat, store or dispose of hazardous waste, (See
Sec. 270.64). However, the owner and operator with a UIC permit in a
State with an approved or promulgated UIC program, will be deemed to
have a RCRA permit for the injection well itself if they comply with the
requirements of Sec. 270.60(b) (permit-by-rule for injection wells).
(ii) Treatment, storage, or disposal of hazardous waste at
facilities requiring an NPDES permit. However, the owner and operator of
a publicly owned treatment works receiving hazardous waste will be
deemed to have a RCRA permit for that waste if they comply with the
requirements of Sec. 270.60(c) (permit-by-rule for POTWs).
(iii) Barges or vessels that dispose of hazardous waste by ocean
disposal and onshore hazardous waste treatment or storage facilities
associated with an ocean disposal operation. However, the owner and
operator will be deemed to have a RCRA permit for ocean disposal from
the barge or vessel itself it they comply with the requirements of
Sec. 270.60(a) (permit-by-rule for ocean disposal barges and vessels).
(2) Specific exclusions. The following persons are among those who
are not required to obtain a RCRA permit:
(i) Generators who accumulate hazardous waste on-site for less than
the time periods provided in 40 CFR 262.34.
(ii) Farmers who dispose of hazardous waste pesticides from their
own use as provided in Sec. 262.70 of this chapter;
(iii) Persons who own or operate facilities solely for the
treatment, storage or disposal of hazardous waste excluded from
regulations under this part
[[Page 278]]
by 40 CFR 261.4 or 261.5 (small generator exemption).
(iv) Owners or operators of totally enclosed treatment facilities as
defined in 40 CFR 260.10.
(v) Owners and operators of elementary neutralization units or
wastewater treatment units as defined in 40 CFR 260.10.
(vi) Transporters storing manifested shipments of hazardous waste in
containers meeting the requirements of 40 CFR 262.30 at a transfer
facility for a period of ten days or less.
(vii) Persons adding absorbent material to waste in a container (as
defined in Sec. 260.10 of this chapter) and persons adding waste to
absorbent material in a container, provided that these actions occur at
the time waste is first placed in the container; and Secs. 264.17(b),
264.171, and 264.172 of this chapter are complied with.
(viii) Universal waste handlers and universal waste transporters (as
defined in 40 CFR 260.10) managing the wastes listed below. These
handlers are subject to regulation under 40 part CFR 273.
(A) Batteries as described in 40 CFR 273.2;
(B) Pesticides as described in Sec. 273.3 of this chapter;
(C) Thermostats as described in Sec. 273.4 of this chapter; and
(D) Lamps as described in Sec. 273.5 of this chapter.
(ix) A New York State Utility central collection facility
consolidating hazardous waste in accordance with 40 CFR 262.90.
(3) Further exclusions. (i) A person is not required to obtain an
RCRA permit for treatment or containment activities taken during
immediate response to any of the following situations:
(A) A discharge of a hazardous waste;
(B) An imminent and substantial threat of a discharge of hazardous
waste;
(C) A discharge of a material which, when discharged, becomes a
hazardous waste.
(D) An immediate threat to human health, public safety, property, or
the environment from the known or suspected presence of military
munitions, other explosive material, or an explosive device, as
determined by an explosive or munitions emergency response specialist as
defined in 40 CFR 260.10.
(ii) Any person who continues or initiates hazardous waste treatment
or containment activities after the immediate response is over is
subject to all applicable requirements of this part for those
activities.
(iii) In the case of emergency responses involving military
munitions, the responding military emergency response specialist's
organizational unit must retain records for three years identifying the
dates of the response, the responsible persons responding, the type and
description of material addressed, and its disposition.
(4) Permits for less than an entire facility. EPA may issue or deny
a permit for one or more units at a facility without simultaneously
issuing or denying a permit to all of the units at the facility. The
interim status of any unit for which a permit has not been issued or
denied is not affected by the issuance or denial of a permit to any
other unit at the facility.
(5) Closure by removal. Owners/operators of surface impoundments,
land treatment units, and waste piles closing by removal or
decontamination under part 265 standards must obtain a post-closure
permit unless they can demonstrate to the Regional Administrator that
the closure met the standards for closure by removal or decontamination
in Sec. 264.228, Sec. 264.280(e), or Sec. 264.258, respectively. The
demonstration may be made in the following ways:
(i) If the owner/operator has submitted a part B application for a
post-closure permit, the owner/operator may request a determination,
based on information contained in the application, that section 264
closure by removal standards were met. If the Regional Administrator
believes that Sec. 264 standards were met, he/she will notify the public
of this proposed decision, allow for public comment, and reach a final
determination according to the procedures in paragraph (c)(6) of this
section.
(ii) If the owner/operator has not submitted a part B application
for a post-closure permit, the owner/operator may petition the Regional
Administrator for a determination that a post-
[[Page 279]]
closure permit is not required because the closure met the applicable
part 264 closure standards.
(A) The petition must include data demonstrating that closure by
removal or decontamination standards were met, or it must demonstrate
that the unit closed under State requirements that met or exceeded the
applicable 264 closure-by-removal standard.
(B) The Regional Administrator shall approve or deny the petition
according to the procedures outlined in paragraph (c)(6) of this
section.
(6) Procedures for closure equivalency determination. (i) If a
facility owner/operator seeks an equivalency demonstration under
Sec. 270.1(c)(5), the Regional Administrator will provide the public,
through a newspaper notice, the opportunity to submit written comments
on the information submitted by the owner/operator within 30 days from
the date of the notice. The Regional Administrator will also, in
response to a request or at his/her own discretion, hold a public
hearing whenever such a hearing might clarify one or more issues
concerning the equivalence of the part 265 closure to a part 264
closure. The Regional Administrator will give public notice of the
hearing at least 30 days before it occurs. (Public notice of the hearing
may be given at the same time as notice of the opportunity for the
public to submit written comments, and the two notices may be combined.)
(ii) The Regional Administrator will determine whether the part 265
closure met 264 closure by removal or decontamination requirements
within 90 days of its receipt. If the Regional Administrator finds that
the closure did not meet the applicable part 264 standards, he/she will
provide the owner/operator with a written statement of the reasons why
the closure failed to meet part 264 standards. The owner/operator may
submit additional information in support of an equivalency demonstration
within 30 days after receiving such written statement. The Regional
Administrator will review any additional information submitted and make
a final determination within 60 days.
(iii) If the Regional Administrator determines that the facility did
not close in accordance with part 264 closure by removal standards, the
facility is subject to post-closure permitting requirements.
(7) Enforceable documents for post-closure care. At the discretion
of the Regional Administrator, an owner or operator may obtain, in lieu
of a post-closure permit, an enforceable document imposing the
requirements of 40 CFR 265.121. ``Enforceable document'' means an order,
a plan, or other document issued by EPA or by an authorized State under
an authority that meets the requirements of 40 CFR 271.16(e) including,
but not limited to, a corrective action order issued by EPA under
section 3008(h), a CERCLA remedial action, or a closure or post-closure
plan.
[48 FR 14228, Apr. 1, 1983, as amended at 48 FR 30113, June 30, 1983; 51
FR 10176, Mar. 24, 1986; 52 FR 45798, Dec. 1, 1987; 53 FR 27165, July
19, 1988; 54 FR 9607, Mar. 7, 1989; 56 FR 32692, July 17, 1991; 60 FR
25542, May 11, 1995; 62 FR 6656, Feb. 12, 1996; 63 FR 56735, Oct. 22,
1998; 64 FR 36488, July 6, 1999; 64 FR 37638, July 12, 1999]