[Title 40 CFR 270]
[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]
[From the U.S. Government Printing Office]
40PROTECTION OF ENVIRONMENT232002-07-012002-07-01falseEPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM270PART 270PROTECTION OF ENVIRONMENTENVIRONMENTAL PROTECTIONSOLID WASTES (CONTINUED)
PART 270--EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM--Table of Contents
Subpart A--General Information
Sec.
270.1 Purpose and scope of these regulations.
270.2 Definitions.
270.3 Considerations under Federal law.
270.4 Effect of a permit.
270.5 Noncompliance and program reporting by the Director.
270.6 References.
Subpart B--Permit Application
270.10 General application requirements.
270.11 Signatories to permit applications and reports.
270.12 Confidentiality of information.
270.13 Contents of part A of the permit application.
270.14 Contents of part B: General requirements.
270.15 Specific part B information requirements for containers.
270.16 Specific part B information requirements for tank systems.
270.17 Specific part B information requirements for surface
impoundments.
270.18 Specific part B information requirements for waste piles.
270.19 Specific part B information requirements for incinerators.
270.20 Specific part B information requirements for land treatment
facilities.
270.21 Specific part B information requirements for landfills.
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270.22 Specific part B information requirements for boilers and
industrial furnaces burning hazardous waste.
270.23 Specific part B information requirements for miscellaneous units.
270.24 Specific part B information requirements for process vents.
270.25 Specific part B information requirements for equipment.
270.26 Special part B information requirements for drip pads.
270.27 Specific part B information requirements for air emission
controls for tanks, surface impoundments, and containers.
270.28 Part B information requirements for post-closure permits.
270.29 Permit denial.
Subpart C--Permit Conditions
270.30 Conditions applicable to all permits.
270.31 Requirements for recording and reporting of monitoring results.
270.32 Establishing permit conditions.
270.33 Schedules of compliance.
Subpart D--Changes to Permits
270.40 Transfer of permits.
270.41 Modification or revocation and reissuance of permits.
270.42 Permit modification at the request of the permittee.
270.43 Termination of permits.
Subpart E--Expiration and Continuation of Permits
270.50 Duration of permits.
270.51 Continuation of expiring permits.
Subpart F--Special Forms of Permits
270.60 Permits by rule.
270.61 Emergency permits.
270.62 Hazardous waste incinerator permits.
270.63 Permits for land treatment demonstrations using field test or
laboratory analyses.
270.64 Interim permits for UIC wells.
270.65 Research, development, and demonstration permits.
270.66 Permits for boilers and industrial furnaces burning hazardous
waste.
270.68 Remedial Action Plans (RAPs).
Subpart G--Interim Status
270.70 Qualifying for interim status.
270.71 Operation during interim status.
270.72 Changes during interim status.
270.73 Termination of interim status.
Subpart H--Remedial Action Plans (RAPs)
270.79 Why is this subpart written in a special format?
General Information
270.80 What is a RAP?
270.85 When do I need a RAP?
270.90 Does my RAP grant me any rights or relieve me of any obligations?
Applying for a RAP
270.95 How do I apply for a RAP?
270.100 Who must obtain a RAP?
270.105 Who must sign the application and any required reports for a
RAP?
270.110 What must I include in my application for a RAP?
270.115 What if I want to keep this information confidential?
270.120 To whom must I submit my RAP application?
270.125 If I submit my RAP application as part of another document, what
must I do?
Getting a RAP Approved
270.130 What is the process for approving or denying my application for
a RAP?
270.135 What must the Director include in a draft RAP?
270.140 What else must the Director prepare in addition to the draft RAP
or notice of intent to deny?
0270.145 What are the procedures for public comment on the draft RAP or
notice of intent to deny?
270.150 How will the Director make a final decision on my RAP
application?
270.155 May the decision to approve or deny my RAP application be
administratively appealed?
270.160 When does my RAP become effective?
270.165 When may I begin physical construction of new units permitted
under the RAP?
How May My RAP Be Modified, Revoked and Reissued, or Terminated?
270.170 After my RAP is issued, how may it be modified, revoked and
reissued, or terminated?
270.175 For what reasons may the Director choose to modify my final RAP?
270.180 For what reasons may the Director choose to revoke and reissue
my final RAP?
270.185 For what reasons may the Director choose to terminate my final
RAP, or deny my renewal application?
270.190 May the decision to approve or deny a modification, revocation
and reissuance, or termination of my RAP be administratively
appealed?
270.195 When will my RAP expire?
270.200 How may I renew my RAP if it is expiring?
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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?
Operating Under Your RAP
270.210 What records must I maintain concerning my RAP?
270.215 How are time periods in the requirements in this subpart and my
RAP computed?
270.220 How may I transfer my RAP to a new owner or operator?
270.225 What must the State or EPA Region report about noncompliance
with RAPs?
Obtaining a RAP for an Off-Site Location
270.230 May I perform remediation waste management activities under a
RAP at a location removed from the area where the remediation
wastes originated?
Subpart I--Integration with Maximum Achievable Control Technology (MACT)
Standards
270.235 Options for incinerators and cement and lightweight aggregate
kilns to minimize emissions from startup, shutdown, and
malfunction events.
Authority: 42 U.S.C. 6905, 6912, 6924, 6925, 6927, 6939, and 6974.
Source: 48 FR 14228, Apr. 1, 1983, unless otherwise noted.
Subpart A--General 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
------------------------------------------------------------------------
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
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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-
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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]
Sec. 270.2 Definitions.
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 Secs. 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.
[[Page 280]]
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 Sec. 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 State program, and there is an EPA administered program,
Director means the Regional Administrator. When there is an approved
State program, Director normally means the State Director. In some
circumstances, however, EPA retains the authority to take certain
actions even when there is an approved State program. In such cases, the
term Director means the Regional Administrator and not the State
Director.
Disposal means the discharge, deposit, injection, dumping, spilling,
leaking, or placing of any hazardous waste into or on any land or water
so that such hazardous waste or any constituent thereof may enter the
environment or be emitted into the air or discharged into any waters,
including ground water.
Disposal facility means a facility or part of a facility at which
hazardous waste is intentionally placed into or on the land or water,
and at which hazardous waste will remain after closure. The term
disposal facility does not include a corrective action management unit
into which remediation wastes are placed.
Draft permit means a document prepared under Sec. 124.6 indicating
the Director's tentative decision to issue or deny, modify, revoke and
reissue, terminate, or reissue a permit. A notice of intent to terminate
a permit, and a notice of intent to deny a permit, as discussed in
Sec. 124.5, are types of draft permits. A denial of a request for
modification, revocation and reissuance, or termination, as discussed in
Sec. 124.5 is not a ``draft permit.'' A proposed permit is not a draft
permit.
Elementary neutralization unit means a device which:
(a) Is used for neutralizing wastes only because they exhibit the
corrosivity characteristic defined in Sec. 261.22 of this chapter, or
are listed in subpart D of part 261 of this chapter only for this
reason; and
(b) Meets the definition of tank, tank system, container, transport
vehicle, or vessel in Sec. 260.10 of this chapter.
Emergency permit means a RCRA permit issued in accordance with
Sec. 270.61.
Environmental Protection Agency (EPA) means the United States
Environmental Protection Agency.
EPA means the United States Environmental Protection Agency.
Existing hazardous waste management (HWM) facility or existing
facility means a facility which was in operation or for which
construction commenced on or before November 19, 1980. A facility has
commenced construction if:
(a) The owner or operator has obtained the Federal, State and local
approvals or permits necessary to begin physical construction; and
either
(b)(1) A continuous on-site, physical construction program has
begun; or
(2) The owner or operator has entered into contractual obligations
which cannot be cancelled or modified without substantial loss--for
physical construction of the facility to be completed within a
reasonable time.
Facility mailing list means the mailing list for a facility
maintained by EPA in accordance with 40 CFR 124.10(c)(1)(ix).
Facility or activity means any HWM facility or any other facility or
activity (including land or appurtenances thereto) that is subject to
regulation under the RCRA program.
[[Page 281]]
Federal, State and local approvals or permits necessary to begin
physical construction means permits and approvals required under
Federal, State or local hazardous waste control statutes, regulations or
ordinances.
Final authorization means approval by EPA of a State program which
has met the requirements of section 3006(b) of RCRA and the applicable
requirements of part 271, subpart A.
Functionally equivalent component means a component which performs
the same function or measurement and which meets or exceeds the
performance specifications of another component.
Generator means any person, by site location, whose act, or process
produces ``hazardous waste'' identified or listed in 40 CFR part 261.
Ground water means water below the land surface in a zone of
saturation.
Hazardous waste means a hazardous waste as defined in 40 CFR 261.3.
Hazardous Waste Management facility (HWM facility) means all
contiguous land, and structures, other appurtenances, and improvements
on the land, used for treating, storing, or disposing of hazardous
waste. A facility may consist of several treatment, storage, or disposal
operational units (for example, one or more landfills, surface
impoundments, or combinations of them).
HWM facility means Hazardous Waste Management facility.
Injection well means a well into which fluids are being injected.
In operation means a facility which is treating, storing, or
disposing of hazardous waste.
Interim authorization means approval by EPA of a State hazardous
waste program which has met the requirements of section 3006(g)(2) of
RCRA and applicable requirements of part 271, subpart B.
Major facility means any facility or activity classified as such by
the Regional Administrator, or, in the case of approved State programs,
the Regional Administrator in conjunction with the State Director.
Manifest means the shipping document originated and signed by the
generator which contains the information required by subpart B of 40 CFR
part 262.
National Pollutant Discharge Elimination System means the national
program for issuing, modifying, revoking and reissuing, terminating,
monitoring and enforcing permits, and imposing and enforcing
pretreatment requirements, under sections 307, 402, 318, and 405 of the
CWA. The term includes an approved program.
NPDES means National Pollutant Discharge Elimination System.
New HWM facility means a Hazardous Waste Management facility which
began operation or for which construction commenced after November 19,
1980.
Off-site means any site which is not on-site.
On-site means on the same or geographically continguous property
which may be divided by public or private right(s)-of-way, provided the
entrance and exit between the properties is at a cross-roads
intersection, and access is by crossing as opposed to going along, the
right(s)-of-way. Non-contiguous properties owned by the same person but
connected by a right-of-way which the person controls and to which the
public does not have access, is also considered on-site property.
Owner or operator means the owner or operator of any facility or
activity subject to regulation under RCRA.
Permit means an authorization, license, or equivalent control
document issued by EPA or an approved State to implement the
requirements of this part and parts 271 and 124. Permit includes permit
by rule (Sec. 270.60), and emergency permit (Sec. 270.61). Permit does
not include RCRA interim status (subpart G of this part), or any permit
which has not yet been the subject of final agency action, such as a
draft permit or a proposed permit.
Permit-by-rule means a provision of these regulations stating that a
facility or activity is deemed to have a RCRA permit if it meets the
requirements of the provision.
Person means an individual, association, partnership, corporation,
municipality, State or Federal agency, or an agent or employee thereof.
Physical construction means excavation, movement of earth, erection
of
[[Page 282]]
forms or structures, or similar activity to prepare an HWM facility to
accept hazardous waste.
POTW means publicly owned treatment works.
Publicly owned treatment works (POTW) means any device or system
unsed in the treatment (including recycling and reclamation) of
municipal sewage or industrial wastes of a liquid nature which is owned
by a State or municipality. This definition includes sewers, pipes, or
other conveyances only if they convey wastewater to a POTW providing
treatment.
RCRA means the Solid Waste Disposal Act as amended by the Resource
Conservation and Recovery Act of 1976 (Pub. L. 94-580, as amended by
Pub. L. 95-609 and Pub. L. 96-482, 42 U.S.C. 6901 et seq.)
Regional Administrator means the Regional Administrator of the
appropriate Regional Office of the Environmental Protection Agency or
the authorized representative of the Regional Administrator.
Remedial Action Plan (RAP) means a special form of RCRA permit that
a facility owner or operator may obtain instead of a permit issued under
Secs. 270.3 through 270.66, to authorize the treatment, storage or
disposal of hazardous remediation waste (as defined in Sec. 260.10 of
this chapter) at a remediation waste management site.
Schedule of compliance means a schedule of remedial measures
included in a permit, including an enforceable sequence of interim
requirements (for example, actions, operations, or milestone events)
leading to compliance with the Act and regulations.
SDWA means the Safe Drinking Water Act (Pub. L. 95-523, as amended
by Pub. L. 95-1900; 42 U.S.C. 3001 et seq.).
Site means the land or water area where any facility or activity is
physically located or conducted, including adjacent land used in
connection with the facility or activity.
State means any of the 50 States, the District of Columbia, Guam,
the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, and
the Commonwealth of the Northern Mariana Islands.
State Director means the chief administrative officer of any State
agency operating an approved program, or the delegated representative of
the State Director. If responsibility is divided among two or more State
agencies, State Director means the chief administrative officer of the
State agency authorized to perform the particular procedure or function
to which reference is made.
State/EPA Agreement means an agreement between the Regional
Administrator and the State which coordinates EPA and State activities,
responsibilities and programs.
Storage means the holding of hazardous waste for a temporary period,
at the end of which the hazardous waste is treated, disposed, or stored
elsewhere.
Transfer facility means any transportation-related facility
including loading docks, parking areas, storage areas and other similar
areas where shipments of hazardous waste are held during the normal
course of transportation.
Transporter means a person engaged in the off-site transportation of
hazardous waste by air, rail, highway or water.
Treatment means any method, technique, or process, including
neutralization, designed to change the physical, chemical, or biological
character or composition of any hazardous waste so as to neutralize such
wastes, or so as to recover energy or material resources from the waste,
or so as to render such waste non-hazardous, or less hazardous; safer to
transport, store, or dispose of; or amenable for recovery, amenable for
storage, or reduced in volume.
UIC means the Underground Injection Control Program under part C of
the Safe Drinking Water Act, including an approved program.
Underground injection means a well injection.
Underground source of drinking water (USDW) means an aquifer or its
portion:
(a)(1) Which supplies any public water system; or
(2) Which contains a sufficient quantity of ground water to supply a
public water system; and
(i) Currently supplies drinking water for human consumption; or
[[Page 283]]
(ii) Contains fewer than 10,000 mg/l total dissolved solids; and
(b) Which is not an exempted aquifer.
USDW means underground source of drinking water.
Wastewater treatment unit means a device which:
(a) Is part of a wastewater treatment facility which is subject to
regulation under either section 402 or 307(b) of the Clean Water Act;
and
(b) Receives and treats or stores an influent wastewater which is a
hazardous waste as defined in Sec. 261.3 of this chapter, or generates
and accumulates a wastewater treatment sludge which is a hazardous waste
as defined in Sec. 261.3 of this chapter, or treats or stores a
wastewater treatment sludge which is a hazardous waste as defined in
Sec. 261.3 of this chapter; and
(c) Meets the definition of tank or tank system in Sec. 260.10 of
this chapter.
[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]
Sec. 270.3 Considerations under Federal law.
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 its designated agency concurs with the
certification (or the Secretary of Commerce overrides the State's
nonconcurrence).
(e) The Fish and Wildlife Coordination Act. 16 U.S.C. 661 et seq.
requires that the Regional Administrator, before issuing a permit
proposing or authorizing the impoundment (with certain exemptions),
diversion, or other control or modification of any body of water,
consult with the appropriate State agency exercising jurisdiction over
wildlife resources to conserve those resources.
(f) Executive orders. [Reserved]
(Clean Water Act (33 U.S.C. 1251 et seq.), Safe Drinking Water Act (42
U.S.C. 300f et seq.), Clean Air Act (42 U.S.C. 7401 et seq.), Resource
Conservation and Recovery Act (42 U.S.C. 6901 et seq.))
[48 FR 14228, Apr 1, 1983, as amended at 48 FR 39622, Sept. 1, 1983]
Sec. 270.4 Effect of a permit.
(a) 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:
(1) Become effective by statute;
[[Page 284]]
(2) Are promulgated under part 268 of this chapter restricting the
placement of hazardous wastes in or on the land;
(3) 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 Sec. 270.42 Class 1 permit modifications; or
(4) Are promulgated under subparts AA, BB, or CC of part 265 of this
chapter limiting air emissions.
(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.
[48 FR 14228, Apr. 1, 1983, as amended at 57 FR 3495, Jan. 29, 1992; 59
FR 62952, Dec. 6, 1994]
Sec. 270.5 Noncompliance and program reporting by the Director.
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 permit, an element
of a compliance schedule involving either planning for construction (for
example, award of a contract, preliminary plans), or a construction step
(for example, begin construction, attain operation level); and the
permittee has not returned to compliance by accomplishing the required
element of the schedule within 30 days from the date a compliance
schedule report is due under the permit.
(ii) Modifications to schedules of compliance. When a schedule of
compliance in the permit has been modified under Sec. 270.41 or
Sec. 270.42 because of the permittee's noncompliance.
(iii) Failure to complete or provide compliance schedule or
monitoring reports. When the permittee has failed to complete or provide
a report required in a permit compliance schedule (for example, progress
report or notice of noncompliance or compliance) or a monitoring report;
and the permittee has not submitted the complete report
[[Page 285]]
within 30 days from the date it is due under the permit for compliance
schedules, or from the date specified in the permit for monitoring
reports.
(iv) Deficient reports. When the required reports provided by the
permittee are so deficient as to cause misunderstanding by the Director
and thus impede the review of the status of compliance.
(v) Noncompliance with other permit requirements. Noncompliance
shall be reported in the following circumstances:
(A) Whenever the permittee has violated a permit requirement (other
than reported under paragraph (a)(2)(i) or (ii) of this section), and
has not returned to compliance within 45 days from the date reporting of
noncompliance was due under the permit; or
(B) When the Director determines that a pattern of noncompliance
exists for a major facility permittee over the most recent four
consecutive reporting periods. This pattern includes any violation of
the same requirement in two consecutive reporting periods, and any
violation of one or more requirements in each of four consecutive
reporting periods; or
(C) When the Director determines significant permit non-compliance
or other significant event has occurred such as a fire or explosion or
migration of fluids into a USDW.
(vi) All other. Statistical information shall be reported quarterly
on all other instances of noncompliance by major facilities with permit
requirements not otherwise reported under paragraph (a) of this section.
(b) Annual reports--(1) Annual noncompliance report. Statistical
reports shall be submitted by the Director on nonmajor RCRA permittees
indicating the total number reviewed, the number of noncomplying
nonmajor permittees, the number of enforcement actions, and number of
permit modifications extending compliance deadlines. The statistical
information shall be organized to follow the types of noncompliance
listed in paragraph (a) of this section.
(2) In addition to the annual noncompliance report, the Director
shall prepare a ``program report'' which contains information (in a
manner and form prescribed by the Administrator) on generators and
transporters and the permit status of regulated facilities. The Director
shall also include, on a biennial basis, summary information on the
quantities and types of hazardous wastes generated, transported,
treated, stored and disposed during the preceding odd-numbered year.
This summary information shall be reported in a manner and form
prescribed by the Administrator and shall be reported according to EPA
characteristics and lists of hazardous wastes at 40 CFR part 261.
(c) Schedule. (1) For all quarterly reports. On the last working day
of May, August, November, and February, the State Director shall submit
to the Regional Administrator information concerning noncompliance with
RCRA permit requirements by major facilities in the State in accordance
with the following schedule. The Regional Administrator shall prepare
and submit information for EPA-issued permits to EPA Headquarters in
accordance with the same schedule.
Quarters Covered by Reports on Noncompliance by Major Dischargers
[Date for completion of reports]
January, February, and March.............. \1\ May 31
April, May, and June...................... \1\ August 31
July, August, and September............... \1\ November 30
October, November, and December........... \1\ February 28
\1\ Reports must be made available to the public for inspection and
copying on this date.
[48 FR 14228, Apr. 1, 1983, as amended at 48 FR 30113, June 30, 1983]
Sec. 270.6 References.
(a) When used in part 270 of this chapter, the following
publications are incorporated by reference: (See 40 CFR 260.11
References)
(b) The references listed in paragraph (a) of this section are also
available for inspection at the Office of the Federal Register, 1100 L
Street, NW., Washington, DC 20408. These incorporations by reference
were approved by the Director of the Federal Register. These materials
are incorporated as they exist on the date of approval and a notice of
any change in these materials
[[Page 286]]
will be published in the Federal Register.
[48 FR 14228, Apr. 1, 1983, as amended at 48 FR 30113, June 30, 1983; 52
FR 8073, Mar. 16, 1987; 58 FR 46051, Aug. 31, 1993]
Subpart B--Permit Application
Sec. 270.10 General application requirements.
(a) Permit application. Any person who is required to have a permit
(including new applicants and permittees with expiring permits) shall
complete, sign, and submit an application to the Director as described
in this section and Secs. 270.70 through 270.73. Persons currently
authorized with interim status shall apply for permits when required by
the Director. Persons covered by RCRA permits by rule (Sec. 270.60),
need not apply. Procedures for applications, issuance and administration
of emergency permits are found exclusively in Sec. 270.61. Procedures
for application, issuance and administration of research, development,
and demonstration permits are found exclusively in Sec. 270.65.
(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 Sec. 270.13 and applicable sections in
Secs. 270.14 through 270.29 to the Director, using the application form
provided by the Director.
(e) Existing HWM facilities and interim status qualifications. (1)
Owners and operators of existing hazardous waste management facilities
or of hazardous waste management facilities 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
must submit part A of their permit application no later than:
(i) Six months after the date of publication of regulations which
first require them to comply with the standards set forth in 40 CFR part
265 or 266, or
(ii) Thirty days after the date they first become subject to the
standards set forth in 40 CFR part 265 or 266, whichever first occurs.
(iii) For generators generating greater than 100 kilograms but less
than 1000 kilograms of hazardous waste in a calendar month and treats,
stores, or disposes of these wastes on-site, by March 24, 1987.
Note: For facilities which must comply with part 265 because they
handle a waste listed in EPA's May 19, 1980, part 261 regulations (45 FR
33006 et seq.), the deadline for submitting an application is November
19, 1980. Where other existing facilities must begin in complying with
part 265 or 266 at a later date because of revisions to part 260, 261,
265, or 266, the Administrator will specify in the preamble to those
revisions when those facilities must submit a permit application.
(2) The Administrator may by publication in the Federal Register
extend the date by which owners and operators of specified classes of
existing hazardous waste management facilities must submit part A of
their permit application if he finds that (i) there has been substantial
confusion as to whether the owners and operators of such facilities were
required to file a permit application and (ii) such confusion is
attributed to ambiguities in EPA's parts 260, 261, 265, or 266
regulations.
(3) The Administrator may by compliance order issued under section
3008 of RCRA extend the date by which the owner and operator of an
existing hazardous waste management facility must submit part A of their
permit application.
[[Page 287]]
(4) The owner or operator of an existing hazardous waste management
facility may be required to submit part B of their permit application.
The State Director may require submission of part B (or equivalent
completion of the State RCRA application process) if the State in which
the facility is located has received interim or final authorization; if
not, the Regional Administrator may require submission of Part B. Any
owner or operator shall be allowed at least six months from the date of
request to submit part B of the application. Any owner or operator of an
existing hazardous waste management facility may voluntarily submit part
B of the application at any time. Notwithstanding the above, any owner
or operator of an existing hazardous waste management facility must
submit a part B permit application in accordance with the dates
specified in Sec. 270.73. Any owner or operator of a land disposal
facility in existence on the effective date of statutory or regulatory
amendments under this Act that render the facility subject to the
requirement to have a RCRA permit must submit a part B application in
accordance with the dates specified in Sec. 270.73.
(5) Failure to furnish a requested part B application on time, or to
furnish in full the information required by the part B application, is
grounds for termination of interim status under part 124.
(f) New HWM facilities. (1) Except as provided in paragraph (f)(3)
of this section, no person shall begin physical construction of a new
HWM facility without having submitted parts A and B of the permit
application and having received a finally effective RCRA permit.
(2) An application for a permit for a new hazardous waste management
facility (including both Parts A and B) may be filed any time after
promulgation of those standards in part 264, subpart I et seq.
applicable to such facility. The application shall be filed with the
Regional Administrator if at the time of application the State in which
the new hazardous waste management facility is proposed to be located
has not received interim or final authorization for permitting such
facility; otherwise it shall be filed with the State Director. Except as
provided in paragraph (f)(3) of this section, all applications must be
submitted at least 180 days before physical construction is expected to
commence.
(3) Notwithstanding paragraph (f)(1) of this section, a person may
construct a facility for the incineration of polychlorinated biphenyls
pursuant to an approval issued by the Administrator under section (6)(e)
of the Toxic Substances Control Act and any person owning or operating
such a facility may, at any time after construction or operation of such
facility has begun, file an application for a RCRA permit to incinerate
hazardous waste authorizing such facility to incinerate waste identified
or listed under Subtitle C of RCRA.
(g) Updating permit applications. (1) If any owner or operator of a
hazardous waste management facility has filed Part A of a permit
application and has not yet filed part B, the owner or operator shall
file an amended part A application:
(i) With the Regional Administrator if the facility is located in a
State which has not obtained interim authorization or final
authorization, within six months after the promulgation of revised
regulations under part 261 listing or identifying additional hazardous
wastes, if the facility is treating, storing or disposing of any of
those newly listed or identified wastes.
(ii) With the State Director, if the facility is located in a State
which has obtained interim authorization or final authorization, no
later than the effective date of regulatory provisions listing or
designating wastes as hazardous in that State in addition to those
listed or designated under the previously approved State program, if the
facility is treating, storing or disposing of any of those newly listed
or designated wastes; or
(iii) As necessary to comply with provisions of Sec. 270.72 for
changes during interim status or with the analogous provisions of a
State program approved for final authorization or interim authorization.
Revised Part A applications necessary to comply with the provisions of
Sec. 270.72 shall be filed with the Regional Administrator if the State
in
[[Page 288]]
which the facility in question is located does not have interim
authorization or final authorization; otherwise it shall be filed with
the State Director (if the State has an analogous provision).
(2) The owner or operator of a facility who fails to comply with the
updating requirements of paragraph (g)(1) of this section does not
receive interim status as to the wastes not covered by duly filed part A
applications.
(h) Reapplications. Any HWM facility with an effective permit shall
submit a new application at least 180 days before the expiration date of
the effective permit, unless permission for a later date has been
granted by the Director. (The Director shall not grant permission for
applications to be submitted later than the expiration date of the
existing permit.)
(i) Recordkeeping. Applicants shall keep records of all data used to
complete permit applications and any supplemental information submitted
under Secs. 270.10(d), 270.13, 270.14 through 270.21 for a period of at
least 3 years from the date the application is signed.
(j) Exposure information. (1) After August 8, 1985, any part B
permit application submitted by an owner or operator of a facility that
stores, treats, or dispose of hazardous waste in a surface impoundment
or a landfill must be accompanied by information, reasonably
ascertainable by the owner or operator, on the potential for the public
to be exposed to hazardous wastes or hazardous constituents through
releases related to the unit. At a minimum, such information must
address:
(i) Reasonably foreseeable potential releases from both normal
operations and accidents at the unit, including releases associated with
transportation to or from the unit;
(ii) The potential pathways of human exposure to hazardous wastes or
constituents resulting from the releases described under paragraph
(j)(1)(i) of this section; and
(iii) The potential magnitude and nature of the human exposure
resulting from such releases.
(2) By August 8, 1985, owners and operators of a landfill or a
surface impoundment who have already submitted a part B application must
submit the exposure information required in paragraph (j)(1) of this
section.
(k) The Director may require a permittee or an applicant to submit
information in order to establish permit conditions under
Secs. 270.32(b)(2) and 270.50(d) of this chapter.
[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]
Sec. 270.11 Signatories to permit applications and reports.
(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.
Note: EPA does not require specific assignments or delegations of
authority to responsible corporate officers identified in
Sec. 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 Sec. 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
[[Page 289]]
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 of
that person. A person is a duly authorized representative only if:
(1) The authorization is made in writing by a person described in
paragraph (a) of this section;
(2) The authorization specifies either an individual or a position
having responsibility for overall operation of the regulated facility or
activity such as the position of plant manager, operator of a well or a
well field, superintendent, or position of equivalent responsibility. (A
duly authorized representative may thus be either a named individual or
any individual occupying a named position); and
(3) The written authorization is submitted to the Director.
(c) Changes to authorization. If an authorization under paragraph
(b) of this section is no longer accurate because a different individual
or position has responsibility for the overall operation of the
facility, a new authorization satisfying the requirements of paragraph
(b) of this section must be submitted to the Director prior to or
together with any reports, information, or applications to be signed by
an authorized representative.
(d)(1) Any person signing a document under paragraph (a) or (b) of
this must make the following certification:
I certify under penalty of law that this document and all
attachments were prepared under my direction or supervision according to
a system designed to assure that qualified personnel properly gather and
evaluate the information submitted. Based on my inquiry of the person or
persons who manage the system, or those persons directly responsible for
gathering the information, the information submitted is, to the best of
my knowledge and belief, true, accurate, and complete. I am aware that
there are significant penalties for submitting false information,
including the possibility of fine and imprisonment for knowing
violations.
(2) For remedial action plans (RAPs) under subpart H of this part,
if the operator certifies according to paragraph (d)(1) of this section,
then the owner may choose to make the following certification instead of
the certification in paragraph (d)(1) of this section:
Based on my knowledge of the conditions of the property described in
the RAP and my inquiry of the person or persons who manage the system
referenced in the operator's certification, or those persons directly
responsible for gathering the information, the information submitted is,
upon information and belief, true, accurate, and complete. I am aware
that there are significant penalties for submitting false information,
including the possibility of fine and imprisonment for knowing
violations.
(Clean Water Act (33 U.S.C. 1251 et seq.), Safe Drinking Water Act (42
U.S.C. 300f et seq.), Clean Air Act (42 U.S.C. 7401 et seq.), Resource
Conservation and Recovery Act (42 U.S.C. 6901 et seq.))
[48 FR 14228, Apr. 1, 1983, as amended at 48 FR 39622, Sept. 1, 1983; 63
FR 65941, Nov. 30, 1998]
Sec. 270.12 Confidentiality of information.
(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.
Sec. 270.13 Contents of part A of the permit application.
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.
[[Page 290]]
(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 Clean Air Act.
(7) Ocean dumping permits under the Marine Protection Research and
Sancturies Act.
(8) Dredge or fill permits under section 404 of the CWA.
(9) Other relevant environmental permits, including State permits.
(l) A topographic map (or other map if a topographic map is
unavailable) extending one mile beyond the property boundaries of the
source, depicting the facility and each of its intake and discharge
structures; each of its hazardous waste treatment, storage, or disposal
facilities; each well where fluids from the facility are injected
underground; and those wells, springs, other surface water bodies, and
drinking water wells listed in public records or otherwise known to the
applicant within \1/4\ mile of the facility property boundary.
(m) A brief description of the nature of the business.
(n) For hazardous debris, a description of the debris category(ies)
and contaminant category(ies) to be treated, stored, or disposed of at
the facility.
[48 FR 14228, Apr. 1, 1983, as amended at 57 FR 37281, Aug. 18, 1992]
Sec. 270.14 Contents of part B: General requirements.
(a) Part B of the permit application consists of the general
information requirements of this section, and the specific information
requirements in Secs. 270.14 through 270.29 applicable to the facility.
The part B information requirements presented in Secs. 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 requirements in Sec. 270.11. Certain technical data,
such as design drawings and specifications, and engineering studies
shall be certified by a registered professional engineer. For post-
closure permits, only the information specified in Sec. 270.28 is
required in part B of the permit application.
(b) General information requirements. The following information is
required
[[Page 291]]
for all HWM facilities, except as Sec. 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 Sec. 264.13(b)
and, if applicable Sec. 264.13(c).
(4) A description of the security procedures and equipment required
by Sec. 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
Sec. 264.15(b) of this part. Include where applicable, as part of the
inspection schedule, specific requirements in Secs. 264.174, 264.193(i),
264.195, 264.226, 264.254, 264.273, 264.303, 264.602, 264.1033,
264.1052, 264.1053, 264.1058, 264.1084, 264.1085, 264.1086, and 264.1088
of this part.
(6) A justification of any request for a waiver(s) of the
preparedness and prevention requirements of part 264, subpart C.
(7) A copy of the contingency plan required by part 264, subpart D.
Note: Include, where applicable, as part of the contingency plan,
specific requirements in Secs. 264.227, 264.255, and 264.200.
(8) A description of procedures, structures, or equipment used at
the facility to:
(i) Prevent hazards in unloading operations (for example, ramps,
special forklifts);
(ii) Prevent runoff from hazardous waste handling areas to other
areas of the facility or environment, or to prevent flooding (for
example, berms, dikes, trenches);
(iii) Prevent contamination of water supplies;
(iv) Mitigate effects of equipment failure and power outages;
(v) Prevent undue exposure of personnel to hazardous waste (for
example, protective clothing); and
(vi) Prevent releases to atmosphere.
(9) A description of precautions to prevent accidental ignition or
reaction of ignitable, reactive, or incompatible wastes as required to
demonstrate compliance with Sec. 264.17 including documentation
demonstrating compliance with Sec. 264.17(c).
(10) Traffic pattern, estimated volume (number, types of vehicles)
and control (for example, show turns across traffic lanes, and stacking
lanes (if appropriate); describe access road surfacing and load bearing
capacity; show traffic control signals).
(11) Facility location information;
(i) In order to determine the applicability of the seismic standard
[Sec. 264.18(a)] the owner or operator of a new facility must identify
the political jurisdiction (e.g., county, township, or election
district) in which the facility is proposed to be located.
[Comment: If the county or election district is not listed in appendix
VI of part 264, no further information is required to demonstrate
compliance with Sec. 264.18(a).]
(ii) If the facility is proposed to be located in an area listed in
appendix VI of part 264, the owner or operator shall demonstrate
compliance with the seismic standard. This demonstration may be made
using either published geologic data or data obtained from field
investigations carried out by the applicant. The information provided
must be of such quality to be acceptable to geologists experienced in
identifying and evaluating seismic activity. The information submitted
must show that either:
(A) No faults which have had displacement in Holocene time are
present, or no lineations which suggest the presence of a fault (which
have displacement in Holocene time) within 3,000 feet of a facility are
present, based on data from:
(1) Published geologic studies,
(2) Aerial reconnaissance of the area within a five-mile radius from
the facility.
(3) An analysis of aerial photographs covering a 3,000 foot radius
of the facility, and
(4) If needed to clarify the above data, a reconnaissance based on
walking portions of the area within 3,000 feet of the facility, or
(B) If faults (to include lineations) which have had displacement in
Holocene time are present within 3,000 feet
[[Page 292]]
of a facility, no faults pass with 200 feet of the portions of the
facility where treatment, storage, or disposal of hazardous waste will
be conducted, based on data from a comprehensive geologic analysis of
the site. Unless a site analysis is otherwise conclusive concerning the
absence of faults within 200 feet of such portions of the facility data
shall be obtained from a subsurface exploration (trenching) of the area
within a distance no less than 200 feet from portions of the facility
where treatment, storage, or disposal of hazardous waste will be
conducted. Such trenching shall be performed in a direction that is
perpendicular to known faults (which have had displacement in Holocene
time) passing within 3,000 feet of the portions of the facility where
treatment, storage, or disposal of hazardous waste will be conducted.
Such investigation shall document with supporting maps and other
analyses, the location of faults found.
[Comment: The Guidance Manual for the Location Standards provides
greater detail on the content of each type of seismic investigation and
the appropriate conditions under which each approach or a combination of
approaches would be used.]
(iii) Owners and operators of all facilities shall provide an
identification of whether the facility is located within a 100-year
floodplain. This identification must indicate the source of data for
such determination and include a copy of the relevant Federal Insurance
Administration (FIA) flood map, if used, or the calculations and maps
used where an FIA map is not available. Information shall also be
provided identifying the 100-year flood level and any other special
flooding factors (e.g., wave action) which must be considered in
designing, constructing, operating, or maintaining the facility to
withstand washout from a 100-year flood.
[Comment: Where maps for the National Flood Insurance Program produced
by the Federal Insurance Administration (FIA) of the Federal Emergency
Management Agency are available, they will normally be determinative of
whether a facility is located within or outside of the 100-year
floodplain. However, where the FIA map excludes an area (usually areas
of the floodplain less than 200 feet in width), these areas must be
considered and a determination made as to whether they are in the 100-
year floodplain. Where FIA maps are not available for a proposed
facility location, the owner or operator must use equivalent mapping
techniques to determine whether the facility is within the 100-year
floodplain, and if so located, what the 100-year flood elevation would
be.]
(iv) Owners and operators of facilities located in the 100-year
floodplain must provide the following information:
(A) Engineering analysis to indicate the various hydrodynamic and
hydrostatic forces expected to result at the site as consequence of a
100-year flood.
(B) Structural or other engineering studies showing the design of
operational units (e.g., tanks, incinerators) and flood protection
devices (e.g., floodwalls, dikes) at the facility and how these will
prevent washout.
(C) If applicable, and in lieu of paragraphs (b)(11)(iv) (A) and (B)
of this section, a detailed description of procedures to be followed to
remove hazardous waste to safety before the facility is flooded,
including:
(1) Timing of such movement relative to flood levels, including
estimated time to move the waste, to show that such movement can be
completed before floodwaters reach the facility.
(2) A description of the location(s) to which the waste will be
moved and demonstration that those facilities will be eligible to
receive hazardous waste in accordance with the regulations under parts
270, 271, 124, and 264 through 266 of this chapter.
(3) The planned procedures, equipment, and personnel to be used and
the means to ensure that such resources will be available in time for
use.
(4) The potential for accidental discharges of the waste during
movement.
(v) Existing facilities NOT in compliance with Sec. 264.18(b) shall
provide a plan showing how the facility will be brought into compliance
and a schedule for compliance.
(12) An outline of both the introductory and continuing training
programs by owners or operators to prepare persons to operate or
maintain the HWM facility in a safe manner as required to demonstrate
compliance with Sec. 264.16. A brief description of how training will be
designed to meet actual job tasks in accordance with requirements in
Sec. 264.16(a)(3).
[[Page 293]]
(13) A copy of the closure plan and, where applicable, the post-
closure plan required by Secs. 264.112, 264.118, and 264.197. Include,
where applicable, as part of the plans, specific requirements in
Secs. 264.178, 264.197, 264.228, 264.258, 264.280, 264.310, 264.351,
264.601, and 264.603.
(14) For hazardous waste disposal units that have been closed,
documentation that notices required under Sec. 264.119 have been filed.
(15) The most recent closure cost estimate for the facility prepared
in accordance with Sec. 264.142 and a copy of the documentation required
to demonstrate financial assurance under Sec. 264.143. For a new
facility, a copy of the required documentation may be submitted 60 days
prior to the initial receipt of hazardous wastes, if that is later than
the submission of the part B.
(16) Where applicable, the most recent post-closure cost estimate
for the facility prepared in accordance with Sec. 264.144 plus a copy of
the documentation required to demonstrate financial assurance under
Sec. 264.145. For a new facility, a copy of the required documentation
may be submitted 60 days prior to the initial receipt of hazardous
wastes, if that is later than the submission of the part B.
(17) Where applicable, a copy of the insurance policy or other
documentation which comprises compliance with the requirements of
Sec. 264.147. For a new facility, documentation showing the amount of
insurance meeting the specification of Sec. 264.147(a) and, if
applicable, Sec. 264.147(b), that the owner or operator plans to have in
effect before initial receipt of hazardous waste for treatment, storage,
or disposal. A request for a variance in the amount of required
coverage, for a new or existing facility, may be submitted as specified
in Sec. 264.147(c).
(18) Where appropriate, proof of coverage by a State financial
mechanism in compliance with Sec. 264.149 or Sec. 264.150.
(19) A topographic map showing a distance of 1,000 feet around the
facility at a scale of 2.5 centimeters (1 inch) equal to not more than
61.0 meters (200 feet). Contours must be shown on the map. The contour
interval must be sufficient to clearly show the pattern of surface water
flow in the vicinity of and from each operational unit of the facility.
For example, contours with an interval of 1.5 meters (5 feet), if relief
is greater than 6.1 meters (20 feet), or an interval of 0.6 meters (2
feet), if relief is less than 6.1 meters (20 feet). Owners and operators
of HWM facilities located in mountainous areas should use large contour
intervals to adequately show topographic profiles of facilities. The map
shall clearly show the following:
(i) Map scale and date.
(ii) 100-year floodplain area.
(iii) Surface waters including intermittant streams.
(iv) Surrounding land uses (residential, commercial, agricultural,
recreational).
(v) A wind rose (i.e., prevailing wind-speed and direction).
(vi) Orientation of the map (north arrow).
(vii) Legal boundaries of the HWM facility site.
(viii) Access control (fences, gates).
(ix) Injection and withdrawal wells both on-site and off-site.
(x) Buildings; treatment, storage, or disposal operations; or other
structure (recreation areas, runoff control systems, access and internal
roads, storm, sanitary, and process sewerage systems, loading and
unloading areas, fire control facilities, etc.)
(xi) Barriers for drainage or flood control.
(xii) Location of operational units within the HWM facility site,
where hazardous waste is (or will be) treated, stored, or disposed
(include equipment cleanup areas).
Note: For large HWM facilities the Agency will allow the use of
other scales on a case-by-case basis.
(20) Applicants may be required to submit such information as may be
necessary to enable the Regional Administrator to carry out his duties
under other Federal laws as required in Sec. 270.3 of this part.
(21) For land disposal facilities, if a case-by-case extension has
been approved under Sec. 268.5 or a petition has been approved uner
Sec. 268.6, a copy of the notice of approval for the extension or
petition is required.
[[Page 294]]
(22) A summary of the pre-application meeting, along with a list of
attendees and their addresses, and copies of any written comments or
materials submitted at the meeting, as required under Sec. 124.31(c).
(c) Additional information requirements. The following additional
information regarding protection of groundwater is required from owners
or operators of hazardous waste facilities containing a regulated unit
except as provided in Sec. 264.90(b) of this chapter:
(1) A summary of the ground-water monitoring data obtained during
the interim status period under Secs. 265.90 through 265.94, where
applicable.
(2) Identification of the uppermost aquifer and aquifers
hydraulically interconnected beneath the facility property, including
ground-water flow direction and rate, and the basis for such
identification (i.e., the information obtained from hydrogeologic
investigations of the facility area).
(3) On the topographic map required under paragraph (b)(19) of this
section, a delineation of the waste management area, the property
boundary, the proposed ``point of compliance'' as defined under
Sec. 264.95, the proposed location of ground-water monitoring wells as
required under Sec. 264.97, and, to the extent possible, the information
required in paragraph (c)(2) of this section.
(4) A description of any plume of contamination that has entered the
ground water from a regulated unit at the time that the application was
submitted that:
(i) Delineates the extent of the plume on the topographic map
required under paragraph (b)(19) of this section;
(ii) Identifies the concentration of each appendix IX, of part 264
of this chapter, constituent throughout the plume or identifies the
maximum concentrations of each appendix IX constituent in the plume.
(5) Detailed plans and an engineering report describing the proposed
ground water monitoring program to be implemented to meet the
requirements of Sec. 264.97.
(6) If the presence of hazardous constituents has not been detected
in the ground water at the time of permit application, the owner or
operator must submit sufficient information, supporting data, and
analyses to establish a detection monitoring program which meets the
requirements of Sec. 264.98. This submission must address the following
items specified under Sec. 264.98:
(i) A proposed list of indicator parameters, waste constituents, or
reaction products that can provide a reliable indication of the presence
of hazardous constituents in the ground water;
(ii) A proposed ground-water monitoring system;
(iii) Background values for each proposed monitoring parameter or
constituent, or procedures to calculate such values; and
(iv) A description of proposed sampling, analysis and statistical
comparison procedures to be utilized in evaluating ground-water
monitoring data.
(7) If the presence of hazardous constituents has been detected in
the ground water at the point of compliance at the time of the permit
application, the owner or operator must submit sufficient information,
supporting data, and analyses to establish a compliance monitoring
program which meets the requirements of Sec. 264.99. Except as provided
in Sec. 264.98(h)(5), the owner or operator must also submit an
engineering feasibility plan for a corrective action program necessary
to meet the requirements of Sec. 264.100, unless the owner or operator
obtains written authorization in advance from the Regional Administrator
to submit a proposed permit schedule for submittal of such a plan. To
demonstrate compliance with Sec. 264.99, the owner or operator must
address the following items:
(i) A description of the wastes previously handled at the facility;
(ii) A characterization of the contaminated ground water, including
concentrations of hazardous constituents;
(iii) A list of hazardous constituents for which compliance
monitoring will be undertaken in accordance with Secs. 264.97 and
264.99;
(iv) Proposed concentration limits for each hazardous constituent,
based on the criteria set forth in Sec. 264.94(a), including a
justification for establishing any alternate concentration limits;
[[Page 295]]
(v) Detailed plans and an engineering report describing the proposed
ground-water monitoring system, in accordance with the requirements of
Sec. 264.97; and
(vi) A description of proposed sampling, analysis and statistical
comparison procedures to be utilized in evaluating ground-water
monitoring data.
(8) If hazardous constituents have been measured in the ground water
which exceed the concentration limits established under Sec. 264.94
Table 1, or if ground water monitoring conducted at the time of permit
application under Secs. 265.90 through 265.94 at the waste boundary
indicates the presence of hazardous constituents from the facility in
ground water over background concentrations, the owner or operator must
submit sufficient information, supporting data, and analyses to
establish a corrective action program which meets the requirements of
Sec. 264.100. However, an owner or operator is not required to submit
information to establish a corrective action program if he demonstrates
to the Regional Administrator that alternate concentration limits will
protect human health and the environment after considering the criteria
listed in Sec. 264.94(b). An owner or operator who is not required to
establish a corrective action program for this reason must instead
submit sufficient information to establish a compliance monitoring
program which meets the requirements of Sec. 264.99 and paragraph (c)(6)
of this section. To demonstrate compliance with Sec. 264.100, the owner
or operator must address, at a minimum, the following items:
(i) A characterization of the contaminated ground water, including
concentrations of hazardous constituents;
(ii) The concentration limit for each hazardous constituent found in
the ground water as set forth in Sec. 264.94;
(iii) Detailed plans and an engineering report describing the
corrective action to be taken; and
(iv) A description of how the ground-water monitoring program will
demonstrate the adequacy of the corrective action.
(v) The permit may contain a schedule for submittal of the
information required in paragraphs (c)(8) (iii) and (iv) provided the
owner or operator obtains written authorization from the Regional
Administrator prior to submittal of the complete permit application.
(d) Information requirements for solid waste management units. (1)
The following information is required for each solid waste management
unit at a facility seeking a permit:
(i) The location of the unit on the topographic map required under
paragraph (b)(19) of this section.
(ii) Designation of type of unit.
(iii) General dimensions and structural description (supply any
available drawings).
(iv) When the unit was operated.
(v) Specification of all wastes that have been managed at the unit,
to the extent available.
(2) The owner or operator of any facility containing one or more
solid waste management units must submit all available information
pertaining to any release of hazardous wastes or hazardous constituents
from such unit or units.
(3) The owner/operator must conduct and provide the results of
sampling and analysis of groundwater, landsurface, and subsurface
strata, surface water, or air, which may include the installation of
wells, where the Director ascertains it is necessary to complete a RCRA
Facility Assessment that will determine if a more complete investigation
is necessary.
[48 FR 14228, Apr. 1, 1983; 48 FR 30114, June 30, 1983]
Editorial Note: For Federal Register citations affecting
Sec. 270.14, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and on GPO Access.
Sec. 270.15 Specific part B information requirements for containers.
Except as otherwise provided in Sec. 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 Sec. 264.175. Show at least the following:
(1) Basic design parameters, dimensions, and materials of
construction.
[[Page 296]]
(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
Sec. 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
Sec. 264.176 (location of buffer zone and containers holding ignitable
or reactive wastes) and Sec. 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 Secs. 264.177 (a) and (b), and 264.17 (b) and (c).
(e) Information on air emission control equipment as required in
Sec. 270.27.
[48 FR 14228, Apr. 1, 1983; 48 FR 30114, June 30, 1983; 59 FR 62952,
Dec. 6, 1994]
Sec. 270.16 Specific part B information requirements for tank systems.
Except as otherwise provided in Sec. 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 an
independent, qualified, registered professional engineer as to the
structural integrity and suitability for handling hazardous waste of
each tank system, as required under Secs. 264.191 and 264.192;
(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 Sec. 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 Sec. 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 Sec. 264.193 (a), (b), (c), (d),
(e), and (f);
(h) For tank systems for which a variance from the requirements of
Sec. 264.193 is sought (as provided by Secs. 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 Sec. 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 will achieve compliance
with the requirements of Secs. 264.198 and 264.199.
(k) Information on air emission control equipment as required in
Sec. 270.27.
[51 FR 25486, July 14, 1986; 51 FR 29431, Aug. 15, 1986; 59 FR 62952,
Dec. 6, 1994]
[[Page 297]]
Sec. 270.17 Specific part B information requirements for surface impoundments.
Except as otherwise provided in Sec. 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 Secs. 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 Sec. 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
Sec. 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 Sec. 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
Sec. 264.19 of this chapter;
(5) Proposed action leakage rate, with rationale, if required under
Sec. 264.222 of this chapter, and response action plan, if required
under Sec. 264.223 of this chapter;
(6) Prevention of overtopping; and
(7) Structural integrity of dikes;
(c) A description of how each surface impoundment, including the
double liner system, leak detection system, cover system, and
appurtenances for control of overtopping, will be inspected in order to
meet the requirements of Sec. 264.226(a), (b), and (d) of this chapter.
This information must be included in the inspection plan submitted under
Sec. 270.14(b)(5);
(d) A certification by a qualified engineer which attests to the
structural integrity of each dike, as required under Sec. 264.226(c).
For new units, the owner or operator must submit a statement by a
qualified engineer that he will provide such a certification upon
completion of construction in accordance with the plans and
specifications;
(e) A description of the procedure to be used for removing a surface
impoundment from service, as required under Sec. 264.227(b) and (c).
This information should be included in the contingency plan submitted
under Sec. 270.14(b)(7);
(f) A description of how hazardous waste residues and contaminated
materials will be removed from the unit at closure, as required under
Sec. 264.228(a)(1). For any wastes not to be removed from the unit upon
closure, the owner or operator must submit detailed-plans and an
engineering report describing how Sec. 264.228(a)(2) and (b) will be
complied with. This information should be included in the closure plan
and, where applicable, the post-closure plan submitted under
Sec. 270.14(b)(13);
(g) If ignitable or reactive wastes are to be placed in a surface
impoundment, an explanation of how Sec. 264.229 will be complied with;
(h) If incompatible wastes, or incompatible wastes and materials
will be placed in a surface impoundment, an explanation of how
Sec. 264.230 will be complied with.
(i) A waste management plan for EPA Hazardous Waste Nos. FO20, FO21,
FO22, FO23, FO26, and FO27 describing how the surface impoundment is or
will be designed, constructed, operated, and maintained to meet the
requirements of Sec. 264.231. This submission must address the following
items as specified in Sec. 264.231:
[[Page 298]]
(1) The volume, physical, and chemical characteristics of the
wastes, including their potential to migrate through soil or to
volatilize or escape into the atmosphere;
(2) The attenuative properties of underlying and surrounding soils
or other materials;
(3) The mobilizing properties of other materials co-disposed with
these wastes; and
(4) The effectiveness of additional treatment, design, or monitoring
techniques.
(j) Information on air emission control equipment as required in
Sec. 270.27.
[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]
Sec. 270.18 Specific part B information requirements for waste piles.
Except as otherwise provided in Sec. 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 Sec. 264.251 and subpart F of part
264 as provided by Sec. 264.250(c) or Sec. 264.90(2), an explanation of
how the standards of Sec. 264.250(c) will be complied with or detailed
plans and an engineering report describing how the requirements of
Sec. 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 Secs. 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 Sec. 264.251(a)
of this chapter. If an exemption from the requirement for a liner is
sought as provided by Sec. 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
Sec. 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 Sec. 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 assurance (CQA) plan if required under
Sec. 264.19 of this chapter;
(v) Proposed action leakage rate, with rationale, if required under
Sec. 264.252 of this chapter, and response action plan, if required
under Sec. 264.253 of this chapter;
(2) Control of run-on;
(3) Control of run-off;
(4) Management of collection and holding units associated with run-
on and run-off control systems; and
(5) Control of wind dispersal of particulate matter, where
applicable;
(d) A description of how each waste pile, including the double liner
system, leachate collection and removal system, leak detection system,
cover system, and appurtenances for control of run-on and run-off, will
be inspected in order to meet the requirements of Sec. 264.254(a), (b),
and (c) of this chapter. This information must be included in the
inspection plan submitted under Sec. 270.14(b)(5);
(e) If treatment is carried out on or in the pile, details of the
process and equipment used, and the nature and quality of the residuals;
(f) If ignitable or reactive wastes are to be placed in a waste
pile, an explanation of how the requirements of Sec. 264.256 will be
complied with;
(g) If incompatible wastes, or incompatible wastes and materials
will be place in a waste pile, an explanation of how Sec. 264.257 will
be complied with;
[[Page 299]]
(h) A description of how hazardous waste residues and contaminated
materials will be removed from the waste pile at closure, as required
under Sec. 264.258(a). For any waste not to be removed from the waste
pile upon closure, the owner or operator must submit detailed plans and
an engineering report describing how Sec. 264.310 (a) and (b) will be
complied with. This information should be included in the closure plan
and, where applicable, the post-closure plan submitted under
Sec. 270.14(b)(13).
(i) A waste management plan for EPA Hazardous Waste Nos. FO20, FO21,
FO22, FO23, FO26, and FO27 describing how a waste pile that is not
enclosed (as defined in Sec. 264.250(c)) is or will be designed,
constructed, operated, and maintained to meet the requirements of
Sec. 264.259. This submission must address the following items as
specified in Sec. 264.259:
(1) The volume, physical, and chemical characteristics of the wastes
to be disposed in the waste pile, including their potential to migrate
through soil or to volatilize or escape into the atmosphere;
(2) The attenuative properties of underlying and surrounding soils
or other materials;
(3) The mobilizing properties of other materials co-disposed with
these wastes; and
(4) The effectiveness of additional treatment, design, or monitoring
techniques.
[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]
Sec. 270.19 Specific part B information requirements for incinerators.
Except as Sec. 264.340 of this Chapter and Sec. 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 Sec. 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
Sec. 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 Sec. 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 Sec. 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 analyze for
constituents listed in part 261, appendix VIII, of this chapter which
would reasonably not be expected to be found in the waste. The
constituents excluded from analysis must be identified and the basis for
their exclusion stated. The waste analysis must rely on analytical
techniques specified in ``Test Methods for Evaluating Solid Waste,
Physical/Chemical Methods,'' EPA Publication SW-846, as incorporated by
reference in Sec. 260.11 of this chapter and Sec. 270.6, or their
equivalent.
[[Page 300]]
(iv) An approximate quantification of the hazardous constituents
identified in the waste, within the precision produced by the analytical
methods specified in ``Test Methods for Evaluating Solid Waste,
Physical/Chemical Methods,'' EPA Publication SW-846, as incorporated by
reference in Sec. 260.11 of this chapter and Sec. 270.6.
(v) A quantification of those hazardous constituents in the waste
which may be designated as POHC's based on data submitted from other
trial or operational burns which demonstrate compliance with the
performance standards in Sec. 264.343 of this chapter.
(2) A detailed engineering description of the incinerator,
including:
(i) Manufacturer's name and model number of incinerator.
(ii) Type of incinerator.
(iii) Linear dimension of incinerator unit including cross sectional
area of combustion chamber.
(iv) Description of auxiliary fuel system (type/feed).
(v) Capacity of prime mover.
(vi) Description of automatic waste feed cutoff system(s).
(vii) Stack gas monitoring and pollution control monitoring system.
(viii) Nozzle and burner design.
(ix) Construction materials.
(x) Location and description of temperature, pressure, and flow
indicating devices and control devices.
(3) A description and analysis of the waste to be burned compared
with the waste for which data from operational or trial burns are
provided to support the contention that a trial burn is not needed. The
data should include those items listed in paragraph (c)(1) of this
section. This analysis should specify the POHC's which the applicant has
identified in the waste for which a permit is sought, and any
differences from the POHC's in the waste for which burn data are
provided.
(4) The design and operating conditions of the incinerator unit to
be used, compared with that for which comparative burn data are
available.
(5) A description of the results submitted from any previously
conducted trial burn(s) including:
(i) Sampling and analysis techniques used to calculate performance
standards in Sec. 264.343 of this chapter,
(ii) Methods and results of monitoring temperatures, waste feed
rates, carbon monoxide, and an appropriate indicator of combustion gas
velocity (including a statement concerning the precision and accuracy of
this measurement),
(6) The expected incinerator operation information to demonstrate
compliance with Secs. 264.343 and 264.345 of this chapter including:
(i) Expected carbon monoxide (CO) level in the stack exhaust gas.
(ii) Waste feed rate.
(iii) Combustion zone temperature.
(iv) Indication of combustion gas velocity.
(v) Expected stack gas volume, flow rate, and temperature.
(vi) Computed residence time for waste in the combustion zone.
(vii) Expected hydrochloric acid removal efficiency.
(viii) Expected fugitive emissions and their control procedures.
(ix) Proposed waste feed cut-off limits based on the identified
significant operating parameters.
(7) Such supplemental information as the Director finds necessary to
achieve the purposes of this paragraph.
(8) Waste analysis data, including that submitted in paragraph
(c)(1) of this section, sufficient to allow the Director to specify as
permit Principal Organic Hazardous Constituents (permit POHC's) those
constituents for which destruction and removal efficiencies will be
required.
(d) The Director shall approve a permit application without a trial
burn if he finds that:
(1) The wastes are sufficiently similar; and
(2) The incinerator units are sufficiently similar, and the data
from other trial burns are adequate to specify (under Sec. 264.345 of
this chapter) operating conditions that will ensure that the performance
standards in Sec. 264.343 of this chapter will be met by the
incinerator.
(e) When an owner or operator demonstrates compliance with the air
emission standards and limitations in part 63, subpart EEE, of this
chapter (i.e., by conducting a comprehensive
[[Page 301]]
performance test and submitting a Notification of Compliance), the
requirements of this section do not apply, except those provisions the
Director determines are necessary to ensure compliance with
Secs. 264.345(a) and 264.345(c) of this chapter if you elect to comply
with Sec. 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 Secs. 270.10(k)
and 270.32(b)(2).
[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]
Sec. 270.20 Specific part B information requirements for land treatment facilities.
Except as otherwise provided in Sec. 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 Sec. 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
Sec. 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 Sec. 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 for such selection in Sec. 264.278(a);
(4) A list of hazardous constituents reasonably expected to be in,
or derived from, the wastes to be land treated based on waste analysis
performed pursuant to Sec. 264.13;
(5) The proposed dimensions of the treatment zone;
(c) A description of how the unit is or will be designed,
constructed, operated, and maintained in order to meet the requirements
of Sec. 264.273. This submission must address the following items:
(1) Control of run-on;
(2) Collection and control of run-off;
(3) Minimization of run-off of hazardous constituents from the
treatment zone;
(4) Management of collection and holding facilities associated with
run-on and run-off control systems;
(5) Periodic inspection of the unit. This information should be
included in the inspection plan submitted under Sec. 270.14(b)(5);
(6) Control of wind dispersal of particulate matter, if applicable;
(d) If food-chain crops are to be grown in or on the treatment zone
of the land treatment unit, a description of how the demonstration
required
[[Page 302]]
under Sec. 264.276(a) will be conducted including:
(1) Characteristics of the food-chain crop for which the
demonstration will be made.
(2) Characteristics of the waste, treatment zone, and waste
application method and rate to be used in the demonstration;
(3) Procedures for crop growth, sample collection, sample analysis,
and data evaluation;
(4) Characteristics of the comparison crop including the location
and conditions under which it was or will be grown;
(e) If food-chain crops are to be grown, and cadmium is present in
the land-treated waste, a description of how the requirements of
Sec. 264.276(b) will be complied with;
(f) A description of the vegetative cover to be applied to closed
portions of the facility, and a plan for maintaining such cover during
the post-closure care period, as required under Secs. 264.280(a)(8) and
264.280(c)(2). This information should be included in the closure plan
and, where applicable, the post-closure care plan submitted under
Sec. 270.14(b)(13);
(g) If ignitable or reactive wastes will be placed in or on the
treatment zone, an explanation of how the requirements of Sec. 264.281
will be complied with;
(h) If incompatible wastes, or incompatible wastes and materials,
will be placed in or on the same treatment zone, an explanation of how
Sec. 264.282 will be complied with.
(i) A waste management plan for EPA Hazardous Waste Nos. FO20, FO21,
FO22, FO23, FO26, and FO27 describing how a land treatment facility is
or will be designed, constructed, operated, and maintained to meet the
requirements of Sec. 264.283. This submission must address the following
items as specified in Sec. 264.283:
(1) The volume, physical, and chemical characteristics of the
wastes, including their potential to migrate through soil or to
volatilize or escape into the atmosphere;
(2) The attentuative properties of underlying and surrounding soils
or other materials;
(3) The mobilizing properties of other materials co-disposed with
these wastes; and
(4) The effectiveness of additional treatment, design, or monitoring
techniques.
[48 FR 14228, Apr. 1, 1983; 48 FR 30114, June 30, 1983, as amended at 50
FR 2006, Jan. 14, 1985]
Sec. 270.21 Specific part B information requirements for landfills.
Except as otherwise provided in Sec. 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 Secs. 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 Sec. 264.301(a)
of this chapter. If an exemption from the requirement for a liner is
sought as provided by Sec. 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
Sec. 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 Sec. 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;
[[Page 303]]
(iv) The construction quality assurance (CQA) plan if required under
Sec. 264.19 of this chapter;
(v) Proposed action leakage rate, with rationale, if required under
Sec. 264.302 of this chapter, and response action plan, if required
under Sec. 264.303 of this chapter;
(2) Control of run-on;
(3) Control of run-off;
(4) Management of collection and holding facilities associated with
run-on and run-off control systems; and
(5) Control of wind dispersal of particulate matter, where
applicable;
(c) A description of how each landfill, including the double liner
system, leachate collection and removal system, leak detection system,
cover system, and appurtenances for control of run-on and run-off, will
be inspected in order to meet the requirements of Sec. 264.303(a), (b),
and (c) of this chapter. This information must be included in the
inspection plan submitted under Sec. 270.14(b)(5);
(d) A description of how each landfill, including the liner and
cover systems, will be inspected in order to meet the requirements of
Sec. 264.303 (a) and (b). This information should be included in the
inspection plan submitted under Sec. 270.14(b)(5).
(e) Detailed plans and an engineering report describing the final
cover which will be applied to each landfill or landfill cell at closure
in accordance with Sec. 264.310(a), and a description of how each
landfill will be maintained and monitored after closure in accordance
with Sec. 264.310(b). This information should be included in the closure
and post-closure plans submitted under Sec. 270.14(b)(13).
(f) If ignitable or reactive wastes will be landfilled, an
explanation of how the standards of Sec. 264.312 will be complied with;
(g) If incompatible wastes, or incompatible wastes and materials
will be landfilled, an explanation of how Sec. 264.313 will be complied
with;
(h) If bulk or non-containerized liquid waste or wastes containing
free liquids is to be landfilled prior to May 8, 1985, an explanation of
how the requirements of Sec. 264.314(a) will be complied with;
(i) If containers of hazardous waste are to be landfilled, an
explanation of how the requirements of Sec. 264.315 or Sec. 264.316, as
applicable, will be complied with.
(j) A waste management plan for EPA Hazardous Waste Nos. FO20, FO21,
FO22, FO23, FO26, and FO27 describing how a landfill is or will be
designed, constructed, operated, and maintained to meet the requirements
of Sec. 264.317. This submission must address the following items as
specified in Sec. 264.317:
(1) The volume, physical, and chemical characteristics of the
wastes, including their potential to migrate through soil or to
volatilize or escape into the atmosphere;
(2) The attenuative properties of underlying and surrounding soils
or other materials;
(3) The mobilizing properties of other materials co-disposed with
these wastes; and
(4) The effectiveness of additional treatment, design, or monitoring
techniques.
[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]
Sec. 270.22 Specific part B information requirements for boilers and industrial furnaces burning hazardous waste.
When an owner or operator of a cement or lightweight aggregate kiln
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), the requirements of this section do not apply, except those
provisions the Director determines are necessary to ensure compliance
with Secs. 266.102(e)(1) and 266.102(e)(2)(iii) of this chapter if you
elect to comply with Sec. 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 Secs. 270.10(k) and 270.32(b)(2).
[[Page 304]]
(a) Trial burns--(1) General. Except as provided below, owners and
operators that are subject to the standards to control organic emissions
provided by Sec. 266.104 of this chapter, standards to control
particulate matter provided by Sec. 266.105 of this chapter, standards
to control metals emissions provided by Sec. 266.106 of this chapter, or
standards to control hydrogen chloride or chlorine gas emissions
provided by Sec. 266.107 of this chapter must conduct a trial burn to
demonstrate conformance with those standards and must submit a trial
burn plan or the results of a trial burn, including all required
determinations, in accordance with Sec. 270.66.
(i) A trial burn to demonstrate conformance with a particular
emission standard may be waived under provisions of Secs. 266.104
through 266.107 of this chapter and paragraphs (a)(2) through (a)(5) of
this section; and
(ii) The owner or operator may submit data in lieu of a trial burn,
as prescribed in paragraph (a)(6) of this section.
(2) Waiver of trial burn for DRE--(i) Boilers operated under special
operating requirements. When seeking to be permitted under
Secs. 266.104(a)(4) and 266.110 of this chapter that automatically waive
the DRE trial burn, the owner or operator of a boiler must submit
documentation that the boiler operates under the special operating
requirements provided by Sec. 266.110 of this chapter.
(ii) Boilers and industrial furnaces burning low risk waste. When
seeking to be permitted under the provisions for low risk waste provided
by Secs. 266.104(a)(5) and 266.109(a) of this chapter that waive the DRE
trial burn, the owner or operator must submit:
(A) Documentation that the device is operated in conformance with
the requirements of Sec. 266.109(a)(1) of this chapter.
(B) Results of analyses of each waste to be burned, documenting the
concentrations of nonmetal compounds listed in appendix VIII of part 261
of this chapter, except for those constituents that would reasonably not
be expected to be in the waste. The constituents excluded from analysis
must be identified and the basis for their exclusion explained. The
analysis must rely on analytical techniques specified in Test Methods
for Evaluating Solid Waste, Physical/Chemical Methods (incorporated by
reference, see Sec. 260.11).
(C) Documentation of hazardous waste firing rates and calculations
of reasonable, worst-case emission rates of each constituent identified
in paragraph (a)(2)(ii)(B) of this section using procedures provided by
Sec. 266.109(a)(2)(ii) of this chapter.
(D) Results of emissions dispersion modeling for emissions
identified in paragraphs (a)(2)(ii)(C) of this section using modeling
procedures prescribed by Sec. 266.106(h) of this chapter. The Director
will review the emission modeling conducted by the applicant to
determine conformance with these procedures. The Director will either
approve the modeling or determine that alternate or supplementary
modeling is appropriate.
(E) Documentation that the maximum annual average ground level
concentration of each constituent identified in paragraph (a)(2)(ii)(B)
of this section quantified in conformance with paragraph (a)(2)(ii)(D)
of this section does not exceed the allowable ambient level established
in appendices IV or V of part 266. The acceptable ambient concentration
for emitted constituents for which a specific Reference Air
Concentration has not been established in appendix IV or Risk-Specific
Dose has not been established in appendix V is 0.1 micrograms per cubic
meter, as noted in the footnote to appendix IV.
(3) Waiver of trial burn for metals. When seeking to be permitted
under the Tier I (or adjusted Tier I) metals feed rate screening limits
provided by Sec. 266.106 (b) and (e) of this chapter that control metals
emissions without requiring a trial burn, the owner or operator must
submit:
(i) Documentation of the feed rate of hazardous waste, other fuels,
and industrial furnace feed stocks;
(ii) Documentation of the concentration of each metal controlled by
Sec. 266.106 (b) or (e) of this chapter in the hazardous waste, other
fuels, and industrial furnace feedstocks, and calculations of the total
feed rate of each metal;
(iii) Documentation of how the applicant will ensure that the Tier I
feed
[[Page 305]]
rate screening limits provided by Sec. 266.106 (b) or (e) of this
chapter will not be exceeded during the averaging period provided by
that paragraph;
(iv) Documentation to support the determination of the terrain-
adjusted effective stack height, good engineering practice stack height,
terrain type, and land use as provided by Sec. 266.106 (b)(3) through
(b)(5) of this chapter;
(v) Documentation of compliance with the provisions of
Sec. 266.106(b)(6), if applicable, for facilities with multiple stacks;
(vi) Documentation that the facility does not fail the criteria
provided by Sec. 266.106(b)(7) for eligibility to comply with the
screening limits; and
(vii) Proposed sampling and metals analysis plan for the hazardous
waste, other fuels, and industrial furnace feed stocks.
(4) Waiver of trial burn for particulate matter. When seeking to be
permitted under the low risk waste provisions of Sec. 266.109(b) which
waives the particulate standard (and trial burn to demonstrate
conformance with the particulate standard), applicants must submit
documentation supporting conformance with paragraphs (a)(2)(ii) and
(a)(3) of this section.
(5) Waiver of trial burn for HCl and Cl2. When seeking to
be permitted under the Tier I (or adjusted Tier I) feed rate screening
limits for total chloride and chlorine provided by Sec. 266.107 (b)(1)
and (e) of this chapter that control emissions of hydrogen chloride
(HCl) and chlorine gas (Cl2) without requiring a trial burn,
the owner or operator must submit:
(i) Documentation of the feed rate of hazardous waste, other fuels,
and industrial furnace feed stocks;
(ii) Documentation of the levels of total chloride and chlorine in
the hazardous waste, other fuels, and industrial furnace feedstocks, and
calculations of the total feed rate of total chloride and chlorine;
(iii) Documentation of how the applicant will ensure that the Tier I
(or adjusted Tier I) feed rate screening limits provided by Sec. 266.107
(b)(1) or (e) of this chapter will not be exceeded during the averaging
period provided by that paragraph;
(iv) Documentation to support the determination of the terrain-
adjusted effective stack height, good engineering practice stack height,
terrain type, and land use as provided by Sec. 266.107(b)(3) of this
chapter;
(v) Documentation of compliance with the provisions of
Sec. 266.107(b)(4), if applicable, for facilities with multiple stacks;
(vi) Documentation that the facility does not fail the criteria
provided by Sec. 266.107(b)(3) for eligibility to comply with the
screening limits; and
(vii) Proposed sampling and analysis plan for total chloride and
chlorine for the hazardous waste, other fuels, and industrial furnace
feedstocks.
(6) Data in lieu of trial burn. The owner or operator may seek an
exemption from the trial burn requirements to demonstrate conformance
with Secs. 266.104 through 266.107 of this chapter and Sec. 270.66 by
providing the information required by Sec. 270.66 from previous
compliance testing of the device in conformance with Sec. 266.103 of
this chapter, or from compliance testing or trial or operational burns
of similar boilers or industrial furnaces burning similar hazardous
wastes under similar conditions. If data from a similar device is used
to support a trial burn waiver, the design and operating information
required by Sec. 270.66 must be provided for both the similar device and
the device to which the data is to be applied, and a comparison of the
design and operating information must be provided. The Director shall
approve a permit application without a trial burn if he finds that the
hazardous wastes are sufficiently similar, the devices are sufficiently
similar, the operating conditions are sufficiently similar, and the data
from other compliance tests, trial burns, or operational burns are
adequate to specify (under Sec. 266.102 of this chapter) operating
conditions that will ensure conformance with Sec. 266.102(c) of this
chapter. In addition, the following information shall be submitted:
(i) For a waiver from any trial burn:
(A) A description and analysis of the hazardous waste to be burned
compared with the hazardous waste for which data from compliance
testing, or operational or trial burns are provided to
[[Page 306]]
support the contention that a trial burn is not needed;
(B) The design and operating conditions of the boiler or industrial
furnace to be used, compared with that for which comparative burn data
are available; and
(C) Such supplemental information as the Director finds necessary to
achieve the purposes of this paragraph.
(ii) For a waiver of the DRE trial burn, the basis for selection of
POHCs used in the other trial or operational burns which demonstrate
compliance with the DRE performance standard in Sec. 266.104(a) of this
chapter. This analysis should specify the constituents in appendix VIII,
part 261 of this chapter, that the applicant has identified in the
hazardous waste for which a permit is sought, and any differences from
the POHCs in the hazardous waste for which burn data are provided.
(b) Alternative HC limit for industrial furnaces with organic matter
in raw materials. Owners and operators of industrial furnaces requesting
an alternative HC limit under Sec. 266.104(f) of this chapter shall
submit the following information at a minimum:
(1) Documentation that the furnace is designed and operated to
minimize HC emissions from fuels and raw materials;
(2) Documentation of the proposed baseline flue gas HC (and CO)
concentration, including data on HC (and CO) levels during tests when
the facility produced normal products under normal operating conditions
from normal raw materials while burning normal fuels and when not
burning hazardous waste;
(3) Test burn protocol to confirm the baseline HC (and CO) level
including information on the type and flow rate of all feedstreams,
point of introduction of all feedstreams, total organic carbon content
(or other appropriate measure of organic content) of all nonfuel
feedstreams, and operating conditions that affect combustion of fuel(s)
and destruction of hydrocarbon emissions from nonfuel sources;
(4) Trial burn plan to:
(i) Demonstrate that flue gas HC (and CO) concentrations when
burning hazardous waste do not exceed the baseline HC (and CO) level;
and
(ii) Identify the types and concentrations of organic compounds
listed in appendix VIII, part 261 of this chapter, that are emitted when
burning hazardous waste in conformance with procedures prescribed by the
Director;
(5) Implementation plan to monitor over time changes in the
operation of the facility that could reduce the baseline HC level and
procedures to periodically confirm the baseline HC level; and
(6) Such other information as the Director finds necessary to
achieve the purposes of this paragraph.
(c) Alternative metals implementation approach. When seeking to be
permitted under an alternative metals implementation approach under
Sec. 266.106(f) of this chapter, the owner or operator must submit
documentation specifying how the approach ensures compliance with the
metals emissions standards of Sec. 266.106(c) or (d) and how the
approach can be effectively implemented and monitored. Further, the
owner or operator shall provide such other information that the Director
finds necessary to achieve the purposes of this paragraph.
(d) Automatic waste feed cutoff system. Owners and operators shall
submit information describing the automatic waste feed cutoff system,
including any pre-alarm systems that may be used.
(e) Direct transfer. Owners and operators that use direct transfer
operations to feed hazardous waste from transport vehicles (containers,
as defined in Sec. 266.111 of this chapter) directly to the boiler or
industrial furnace shall submit information supporting conformance with
the standards for direct transfer provided by Sec. 266.111 of this
chapter.
(f) Residues. Owners and operators that claim that their residues
are excluded from regulation under the provisions of Sec. 266.112 of
this chapter must submit information adequate to demonstrate conformance
with those provisions.
[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]
[[Page 307]]
Sec. 270.23 Specific part B information requirements for miscellaneous units.
Except as otherwise provided in Sec. 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 Secs. 264.601
and 264.602; and
(3) For disposal units, a detailed description of the plans to
comply with the post-closure requirements of Sec. 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 Sec. 264.601. If the applicant can demonstrate
that he does not violate the environmental performance standards of
Sec. 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 Sec. 264.601.
Sec. 270.24 Specific part B information requirements for process vents.
Except as otherwise provided in Sec. 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 Sec. 264.1033(a)(2).
(b) Documentation of compliance with the process vent standards in
Sec. 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 Sec. 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 Sec. 264.1032, 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 Sec. 264.1035(b)(3).
[[Page 308]]
(d) Documentation of compliance with Sec. 264.1033, including:
(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 Sec. 264.1033(k).
(3) A design analysis, specifications, drawings, schematics, and
piping and instrumentation diagrams based on the appropriate sections of
``APTI Course 415: Control of Gaseous Emissions'' (incorporated by
reference as specified in Sec. 260.11) or other engineering texts
acceptable to the Regional Administrator that present basic control
device design information. The design analysis shall address the vent
stream characteristics and control device operation parameters as
specified in Sec. 264.1035 (b)(4)(iii).
(4) A statement signed and dated by the owner or operator certifying
that the operating parameters used in the design analysis reasonably
represent the conditions that exist when the hazardous waste management
unit is or would be operating at the highest load or capacity level
reasonably expected to occur.
(5) A statement signed and dated by the owner or operator certifying
that the control device is designed to operate at an efficiency of 95
weight percent or greater unless the total organic emission limits of
Sec. 264.1032(a) for affected process vents at the facility can be
attained by a control device involving vapor recovery at an efficiency
less than 95 weight percent.
[55 FR 25518, June 21, 1990, as amended at 56 FR 19290, Apr. 26, 1991]
Sec. 270.25 Specific part B information requirements for equipment.
Except as otherwise provided in Sec. 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 Sec. 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
Sec. 264.1035(b)(3).
(d) Documentation that demonstrates compliance with the equipment
standards in Secs. 264.1052 to 264.1059. This documentation shall
contain the records required under Sec. 264.1064. The Regional
Administrator may request further documentation before deciding if
compliance has been demonstrated.
(e) Documentation to demonstrate compliance with Sec. 264.1060 shall
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 Sec. 264.1033(j).
(3) A design analysis, specifications, drawings, schematics, and
piping and instrumentation diagrams based on the appropriate sections of
``ATPI Course 415: Control of Gaseous Emissions'' (incorporated by
reference as specified in Sec. 260.11) or other engineering texts
acceptable to the Regional Administrator
[[Page 309]]
that present basic control device design information. The design
analysis shall address the vent stream characteristics and control
device operation parameters as specified in Sec. 264.1035(b)(4)(iii).
(4) A statement signed and dated by the owner or operator certifying
that the operating parameters used in the design analysis reasonably
represent the conditions that exist when the hazardous waste management
unit is operating at the highest load or capacity level reasonably
expected to occur.
(5) A statement signed and dated by the owner or operator certifying
that the control device is designed to operate at an efficiency of 95
weight percent or greater.
[55 FR 25518, June 21, 1990, as amended at 56 FR 19290, Apr. 26, 1991]
Sec. 270.26 Special part B information requirements for drip pads.
Except as otherwise provided by Sec. 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 Sec. 264.90 of this chapter, detailed plans and
an engineering report describing how the requirements of
Sec. 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 Sec. 264.573 of this chapter, including the as-built
drawings and specifications. This submission must address the following
items as specified in Sec. 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 hazardous waste or waste constituents off the
drip pad due to activities by personnel or equipment is minimized;
(11) Procedures for ensuring that, after removal from the treatment
vessel, treated wood from pressure and non-pressure processes is held on
the drip pad until drippage has ceased, including recordkeeping
practices;
(12) Provisions for ensuring that collection and holding units
associated with the run-on and run-off control systems are emptied or
otherwise managed as soon as possible after storms to maintain design
capacity of the system;
(13) If treatment is carried out on the drip pad, details of the
process equipment used, and the nature and quality of the residuals.
(14) A description of how each drip pad, including appurtenances for
control of run-on and run-off, will be inspected in order to meet the
requirements of Sec. 264.573 of this chapter. This information should be
included in the inspection plan submitted under Sec. 270.14(b)(5) of
this part.
(15) A certification signed by an independent qualified, registered
professional engineer, stating that the drip pad design meets the
requirements of paragraphs (a) through (f) of Sec. 264.573 of this
chapter.
[[Page 310]]
(16) A description of how hazardous waste residues and contaminated
materials will be removed from the drip pad at closure, as required
under Sec. 264.575(a) of this chapter. For any waste not to be removed
from the drip pad upon closure, the owner or operator must submit
detailed plans and an engineering report describing how Sec. 264.310 (a)
and (b) of this chapter will be complied with. This information should
be included in the closure plan and, where applicable, the post-closure
plan submitted under Sec. 270.14(b)(13).
[55 FR 50489, Dec. 6, 1990. Redesignated and amended at 56 FR 30198,
July 1, 1991]
Sec. 270.27 Specific Part B information requirements for air emission controls for tanks, surface impoundments, and containers.
(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 Sec. 270.24
(c) and (d) of this part.
(6) An emission monitoring plan for both Method 21 in 40 CFR part
60, appendix A and control device monitoring methods. This plan shall
include the following information: monitoring point(s), monitoring
methods for control devices, monitoring frequency, procedures for
documenting exceedances, and procedures for mitigating noncompliances.
(7) When an owner or operator of a facility subject to 40 CFR part
265, subpart CC cannot comply with 40 CFR part 264, subpart CC by the
date of permit issuance, the schedule of implementation required under
40 CFR 265.1082.
[61 FR 59996, Nov. 25, 1996]
Sec. 270.28 Part B information requirements for post-closure permits.
For post-closure permits, the owner or operator is required to
submit only the information specified in Secs. 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
Secs. 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 Sec. 270.1(c)(7).
[63 FR 56735, Oct. 22, 1998]
[[Page 311]]
Sec. 270.29 Permit denial.
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.
[54 FR 9607, Mar. 7, 1989]
Subpart C--Permit Conditions
Sec. 270.30 Conditions applicable to all permits.
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 Sec. 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
procedures. This provision requires the operation of back-up or
auxiliary facilities or similar systems only when necessary to achieve
compliance with the conditions of the permit.
(f) Permit actions. This permit may be modified, revoked and
reissued, or terminated for cause. The filing of a request by the
permittee for a permit modification, revocation and reissuance, or
termination, or a notification of planned changes or anticipated
noncompliance, does not stay any permit condition.
(g) Property rights. The permit does not convey any property rights
of any sort, or any exclusive privilege.
(h) Duty to provide information. The permittee shall furnish to the
Director, within a reasonable time, any relevant information which the
Director may request to determine whether cause exists for modifying,
revoking and reissuing, or terminating this permit, or to determine
compliance with this permit. The permittee shall also furnish to the
Director, upon request, copies of records required to be kept by this
permit.
(i) Inspection and entry. The permittee shall allow the Director, or
an authorized representative, upon the presentation of credentials and
other documents as may be required by law to:
(1) Enter at reasonable times upon the permittee's premises where a
regulated facility or activity is located or conducted, or where records
must be kept under the conditions of this permit;
(2) Have access to and copy, at reasonable times, any records that
must be kept under the conditions of this permit;
[[Page 312]]
(3) Inspect at reasonable times any facilities, equipment (including
monitoring and control equipment), practices, or operations regulated or
required under this permit; and
(4) Sample or monitor at reasonable times, for the purposes of
assuring permit compliance or as otherwise authorized by RCRA, any
substances or parameters at any location.
(j) Monitoring and records. (1) Samples and measurements taken for
the purpose of monitoring shall be representative of the monitored
activity.
(2) The permittee shall retain records of all monitoring
information, including all calibration and maintenance records and all
original strip chart recordings for continuous monitoring
instrumentation, copies of all reports required by this permit, the
certification required by Sec. 264.73(b)(9) of this chapter, and records
of all data used to complete the application for this permit, for a
period of at least 3 years from the date of the sample, measurement,
report, certification, or application. This period may be extended by
request of the Director at any time. The permittee shall maintain
records from all ground-water monitoring wells and associated ground-
water surface elevations, for the active life of the facility, and for
disposal facilities for the post-closure care period as well.
(3) Records for monitoring information shall include:
(i) The date, exact place, and time of sampling or measurements;
(ii) The individual(s) who performed the sampling or measurements;
(iii) The date(s) analyses were performed;
(iv) The individual(s) who performed the analyses;
(v) The analytical techniques or methods used; and
(vi) The results of such analyses.
(k) Signatory requirements. All applications, reports, or
information submitted to the Director shall be signed and certified (See
Sec. 270.11.)
(l) Reporting requirements--(1) Planned changes. The permittee shall
give notice to the Director as soon as possible of any planned physical
alterations or additions to the permitted facility.
(2) Anticipated noncompliance. The permittee shall give advance
notice to the Director of any planned changes in the permitted facility
or activity which may result in noncompliance with permit requirements.
For a new facility, the permittee may not treat, store, or dispose of
hazardous waste; and for a facility being modified, the permittee may
not treat, store, or dispose of hazardous waste in the modified portion
of the facility except as provided in Sec. 270.42, until:
(i) The permittee has submitted to the Director by certified mail or
hand delivery a letter signed by the permittee and a registered
professional engineer stating that the facility has been constructed or
modified in compliance with the permit; and
(ii)(A) The Director has inspected the modified or newly constructed
facility and finds it is in compliance with the conditions of the
permit; or
(B) Within 15 days of the date of submission of the letter in
paragraph (l)(2)(i) of this section, the permittee has not received
notice from the Director of his or her intent to inspect, prior
inspection is waived and the permittee may commence treatment, storage,
or disposal of hazardous waste.
(3) Transfers. This permit is not transferable to any person except
after notice to the Director. The Director may require modification or
revocation and reissuance of the permit to change the name of the
permittee and incorporate such other requirements as may be necessary
under RCRA. (See Sec. 270.40)
(4) Monitoring reports. Monitoring results shall be reported at the
intervals specified elsewhere in this permit.
(5) Compliance schedules. Reports of compliance or noncompliance
with, or any progress reports on, interim and final requirements
contained in any compliance schedule of this permit shall be submitted
no later than 14 days following each schedule date.
(6) Twenty-four hour reporting. (i) The permittee shall report any
noncompliance which may endanger health or the environment orally within
24 hours from the time the permittee becomes aware of the circumstances,
including:
(A) Information concerning release of any hazardous waste that may
cause an endangerment to public drinking water supplies.
[[Page 313]]
(B) Any information of a release or discharge of hazardous waste or
of a fire or explosion from the HWM facility, which could threaten the
environment or human health outside the facility.
(ii) The description of the occurrence and its cause shall include:
(A) Name, address, and telephone number of the owner or operator;
(B) Name, address, and telephone number of the facility;
(C) Date, time, and type of incident;
(D) Name and quantity of material(s) involved;
(E) The extent of injuries, if any;
(F) An assessment of actual or potential hazards to the environment
and human health outside the facility, where this is applicable; and
(G) Estimated quantity and disposition of recovered material that
resulted from the incident.
(iii) A written submission shall also be provided within 5 days of
the time the permittee becomes aware of the circumstances. The written
submission shall contain a description of the noncompliance and its
cause; the period of noncompliance including exact dates and times, and
if the noncompliance has not been corrected, the anticipated time it is
expected to continue; and steps taken or planned to reduce, eliminate,
and prevent reoccurrence of the noncompliance. The Director may waive
the five day written notice requirement in favor of a written report
within fifteen days.
(7) Manifest discrepancy report: If a significant discrepancy in a
manifest is discovered, the permittee must attempt to reconcile the
discrepancy. If not resolved within fifteen days, the permittee must
submit a letter report, including a copy of the manifest, to the
Director. (See 40 CFR 264.72.)
(8) Unmanifested waste report: This report must be submitted to the
Director within 15 days of receipt of unmanifested waste. (See 40 CFR
264.76)
(9) Biennial report: A biennial report must be submitted covering
facility activities during odd numbered calendar years. (See 40 CFR
264.75.)
(10) Other noncompliance. The permittee shall report all instances
of noncompliance not reported under paragraphs (l)(4), (5), and (6) of
this section, at the time monitoring reports are submitted. The reports
shall contain the information listed in paragraph (l)(6) of this
section.
(11) Other information. Where the permittee becomes aware that it
failed to submit any relevant facts in a permit application, or
submitted incorrect information in a permit application or in any report
to the Director, it shall promptly submit such facts or information.
(m) Information repository. The Director may require the permittee
to establish and maintain an information repository at any time, based
on the factors set forth in 40 CFR 124.33(b). The information repository
will be governed by the provisions in 40 CFR 124.33(c) through (f).
(Clean Water Act (33 U.S.C. 1251 et seq.), Safe Drinking Water Act (42
U.S.C. 300f et seq.), Clean Air Act (42 U.S.C. 7401 et seq.), Resource
Conservation and Recovery Act (42 U.S.C. 6901 et seq.))
[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]
Sec. 270.31 Requirements for recording and reporting of monitoring results.
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.
Sec. 270.32 Establishing permit conditions.
(a) In addition to conditions required in all permits (Sec. 270.30),
the Director shall establish conditions, as required on a case-by-case
basis, in permits under Secs. 270.50 (duration of permits),
[[Page 314]]
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.
(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. For State and EPA administered programs, an
applicable requirement is also any requirement which takes effect prior
to the modification or revocation and reissuance of a permit, to the
extent allowed in Sec. 270.41.
(d) New or reissued permits, and to the extent allowed under
Sec. 270.41, modified or revoked and reissued permits, shall incorporate
each of the applicable requirements referenced in this section and in 40
CFR 270.31.
(e) Incorporation. All permit conditions shall be incorporated
either expressly or by reference. If incorporated by reference, a
specific citation to the applicable regulations or requirements must be
given in the permit.
[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]
Sec. 270.33 Schedules of compliance.
(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. An 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
[[Page 315]]
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 the permit.
(2) If the decision to cease conducting regulated activities is made
before issuance of a permit whose term will include the termination
date, the permit shall contain a schedule leading to termination which
will ensure timely compliance with applicable requirements.
(3) If the permittee is undecided whether to cease conducting
regulated activities, the Director may issue or modify a permit to
contain two schedules as follows:
(i) Both schedules shall contain an identical interim deadline
requiring a final decision on whether to cease conducting regulated
activities no later than a date which ensures sufficient time to comply
with applicable requirements in a timely manner if the decision is to
continue conducting regulated activities;
(ii) One schedule shall lead to timely compliance with applicable
requirements;
(iii) The second schedule shall lead to cessation of regulated
activities by a date which will ensure timely compliance with applicable
requirements;
(iv) Each permit containing two schedules shall include a
requirement that after the permittee has made a final decision under
paragraph (b)(3)(i) of this section it shall follow the schedule leading
to compliance if the decision is to continue conducting regulated
activities, and follow the schedule leading to termination if the
decision is to cease conducting regulated activities.
(4) The applicant's or permittee's decision to cease conducting
regulated activities shall be evidenced by a firm public commitment
satisfactory to the Director, such as resolution of the board of
directors of a corporation.
[48 FR 14228, Apr. 1, 1983, as amended at 48 FR 30114, June 30, 1983]
Subpart D--Changes to Permit
Sec. 270.40 Transfer of permits.
(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 Sec. 270.40(b) or Sec. 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 Sec. 270.42. 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.
[53 FR 37935, Sept. 28, 1988]
Sec. 270.41 Modification or revocation and reissuance of permits.
When the Director receives any information (for example, inspects
the facility, receives information submitted by the permittee as
required in the permit (see Sec. 270.30), receives a request for
revocation and reissuance under Sec. 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
[[Page 316]]
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 40 CFR 270.42.
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 issuance (other than revised
regulations, guidance, or test methods) and would have justified the
application of different permit conditions at the time of issuance.
(3) New statutory requirements or regulations. The standards or
regulations on which the permit was based have been changed by statute,
through promulgation of new or amended standards or regulations, or by
judicial decision after the permit was issued.
(4) Compliance schedules. The Director determines good cause exists
for modification of a compliance schedule, such as an act of God,
strike, flood, or materials shortage or other events over which the
permittee has little or no control and for which there is no reasonably
available remedy.
(5) Notwithstanding any other provision in this section, when a
permit for a land disposal facility is reviewed by the Director under
Sec. 270.50(d), the Director shall 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.
(b) Causes for modification or revocation and reissuance. The
following are causes to modify or, alternatively, revoke and reissue a
permit:
(1) Cause exists for termination under Sec. 270.43, and the Director
determines that modification or revocation and reissuance is
appropriate.
(2) The Director has received notification (as required in the
permit, see Sec. 270.30(l)(3)) of a proposed transfer of the permit.
(c) Facility siting. Suitability of the facility location will not
be considered at the time of permit modification or revocation and
reissuance unless new information or standards indicate that a threat to
human health or the environmental exists which was unknown at the time
of permit issuance.
[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]
Sec. 270.42 Permit modification at the request of the permittee.
(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
[[Page 317]]
provide the applicable information required by Secs. 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 Sec. 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 Sec. 270.42(b)(1).
(b) Class 2 modifications. (1) For Class 2 modifications, listed in
appendix I of this section, the permittee must submit a modification
request to the Director that:
(i) Describes the exact change to be made to the permit conditions
and supporting documents referenced by the permit;
(ii) Identifies that the modification is a Class 2 modification;
(iii) Explains why the modification is needed; and
(iv) Provides the applicable information required by Secs. 270.13
through 270.21, 270.62, and 270.63.
(2) The permittee must send a notice of the modification request to
all persons on the facility mailing list maintained by the Director and
to the appropriate units of State and local government as specified in
40 CFR 124.10(c)(ix) and must publish this notice in a major local
newspaper of general circulation. This notice must be mailed and
published within 7 days before or after the date of submission of the
modification request, and the permittee must provide to the Director
evidence of the mailing and publication. The notice must include:
(i) Announcement of a 60-day comment period, in accordance with
Sec. 270.42(b)(5), and the name and address of an Agency contact to whom
comments must be sent;
(ii) Announcement of the date, time, and place for a public meeting
held in accordance with Sec. 270.42(b)(4);
(iii) Name and telephone number of the permittee's contact person;
(iv) Name and telephone number of an Agency contact person;
(v) Location where copies of the modification request and any
supporting documents can be viewed and copied; and
(vi) The following statement: ``The permittee's compliance history
during the life of the permit being modified is available from the
Agency contact person.''
(3) The permittee must place a copy of the permit modification
request and supporting documents in a location accessible to the public
in the vicinity of the permitted facility.
(4) The permittee must hold a public meeting no earlier than 15 days
after the publication of the notice required in paragraph (b)(2) of this
section and no later than 15 days before the close of the 60-day comment
period. The meeting must be held to the extent practicable in the
vicinity of the permitted facility.
(5) The public shall be provided 60 days to comment on the
modification request. The comment period will begin on the date the
permittee publishes the notice in the local newspaper. Comments should
be submitted to the Agency contact identified in the public notice.
(6)(i) No later than 90 days after receipt of the notification
request, the Director must:
(A) Approve the modification request, with or without changes, and
modify the permit accordingly;
[[Page 318]]
(B) Deny the request;
(C) Determine that the modification request must follow the
procedures in Sec. 270.42(c) for Class 3 modifications for the following
reasons:
(1) There is significant public concern about the proposed
modification; or
(2) The complex nature of the change requires the more extensive
procedures of Class 3.
(D) Approve the request, with or without changes, as a temporary
authorization having a term of up to 180 days, or
(E) Notify the permittee that he or she will decide on the request
within the next 30 days.
(ii) If the Director notifies the permittee of a 30-day extension
for a decision, the Director must, no later than 120 days after receipt
of the modification request:
(A) Approve the modification request, with or without changes, and
modify the permit accordingly;
(B) Deny the request; or
(C) Determine that the modification request must follow the
procedures in Sec. 270.42(c) for Class 3 modifications for the following
reasons:
(1) There is significant public concern about the proposed
modification; or
(2) The complex nature of the change requires the more extensive
procedures of Class 3.
(D) Approve the request, with or without changes, as a temporary
authorization having a term of up to 180 days.
(iii) If the Director fails to make one of the decisions specified
in paragraph (b)(6)(ii) of this section by the 120th day after receipt
of the modification request, the permittee is automatically authorized
to conduct the activities described in the modification request for up
to 180 days, without formal Agency action. The authorized activities
must be conducted as described in the permit modification request and
must be in compliance with all appropriate standards of 40 CFR part 265.
If the Director approves, with or without changes, or denies the
modification request during the term of the temporary or automatic
authorization provided for in paragraphs (b)(6) (i), (ii), or (iii) of
this section, such action cancels the temporary or automatic
authorization.
(iv)(A) In the case of an automatic authorization under paragraph
(b)(6)(iii) of this section, or a temporary authorization under
paragraph (b)(6) (i)(D) or (ii)(D) of this section, if the Director has
not made a final approval or denial of the modification request by the
date 50 days prior to the end of the temporary or automatic
authorization, the permittee must within seven days of that time send a
notification to persons on the facility mailing list, and make a
reasonable effort to notify other persons who submitted written comments
on the modification request, that:
(1) The permittee has been authorized temporarily to conduct the
activities described in the permit modification request, and
(2) Unless the Director acts to give final approval or denial of the
request by the end of the authorization period, the permittee will
receive authorization to conduct such activities for the life of the
permit.
(B) If the owner/operator fails to notify the public by the date
specified in paragraph (b)(6)(iv)(A) of this section, the effective date
of the permanent authorization will be deferred until 50 days after the
owner/operator notifies the public.
(v) Except as provided in paragraph (b)(6)(vii) of this section, if
the Director does not finally approve or deny a modification request
before the end of the automatic or temporary authorization period or
reclassify the modification as a Class 3, the permittee is authorized to
conduct the activities described in the permit modification request for
the life of the permit unless modified later under Sec. 270.41 or
Sec. 270.42. The activities authorized under this paragraph must be
conducted as described in the permit modification request and must be in
compliance with all appropriate standards of 40 CFR part 265.
(vi) In making a decision to approve or deny a modification request,
including a decision to issue a temporary authorization or to reclassify
a modification as a Class 3, the Director must consider all written
comments submitted to the Agency during the public
[[Page 319]]
comment period and must respond in writing to all significant comments
in his or her decision.
(vii) With the written consent of the permittee, the Director may
extend indefinitely or for a specified period the time periods for final
approval or denial of a modification request or for reclassifying a
modification as a Class 3.
(7) The Director may deny or change the terms of a Class 2 permit
modification request under paragraphs (b)(6) (i) through (iii) of this
section for the following reasons:
(i) The modification request is incomplete;
(ii) The requested modification does not comply with the appropriate
requirements of 40 CFR part 264 or other applicable requirements; or
(iii) The conditions of the modification fail to protect human
health and the environment.
(8) The permittee may perform any construction associated with a
Class 2 permit modification request beginning 60 days after the
submission of the request unless the Director establishes a later date
for commencing construction and informs the permittee in writing before
day 60.
(c) Class 3 modifications. (1) For Class 3 modifications listed in
appendix I of this section, the permittee must submit a modification
request to the Director that:
(i) Describes the exact change to be made to the permit conditions
and supporting documents referenced by the permit;
(ii) Identifies that the modification is a Class 3 modification;
(iii) Explains why the modification is needed; and
(iv) Provides the applicable information required by 40 CFR 270.13
through 270.22, 270.62, 270.63, and 270.66.
(2) The permittee must send a notice of the modification request to
all persons on the facility mailing list maintained by the Director and
to the appropriate units of State and local government as specified in
40 CFR 124.10(c)(ix) and must publish this notice in a major local
newspaper of general circulation. This notice must be mailed and
published within seven days before or after the date of submission of
the modification request, and the permittee must provide to the Director
evidence of the mailing and publication. The notice must include:
(i) Announcement of a 60-day comment period, and a name and address
of an Agency contact to whom comments must be sent;
(ii) Announcement of the date, time, and place for a public meeting
on the modification request, in accordance with Sec. 270.42(c)(4);
(iii) Name and telephone number of the permittee's contact person;
(iv) Name and telephone number of an Agency contact person;
(v) Location where copies of the modification request and any
supporting documents can be viewed and copied; and
(vi) The following statement: ``The permittee's compliance history
during the life of the permit being modified is available from the
Agency contact person.''
(3) The permittee must place a copy of the permit modification
request and supporting documents in a location accessible to the public
in the vicinity of the permitted facility.
(4) The permittee must hold a public meeting no earlier than 15 days
after the publication of the notice required in paragraph (c)(2) of this
section and no later than 15 days before the close of the 60-day comment
period. The meeting must be held to the extent practicable in the
vicinity of the permitted facility.
(5) The public shall be provided at least 60 days to comment on the
modification request. The comment period will begin on the date the
permittee publishes the notice in the local newspaper. Comments should
be submitted to the Agency contact identified in the notice.
(6) After the conclusion of the 60-day comment period, the Director
must grant or deny the permit modification request according to the
permit modification procedures of 40 CFR part 124. In addition, the
Director must consider and respond to all significant written comments
received during the 60-day comment period.
(d) Other modifications. (1) In the case of modifications not
explicitly listed in
[[Page 320]]
appendix I of this section, the permittee may submit a Class 3
modification request to the Agency, or he or she may request a
determination by the Director that the modification should be reviewed
and approved as a Class 1 or Class 2 modification. If the permittee
requests that the modification be classified as a Class 1 or 2
modification, he or she must provide the Agency with the necessary
information to support the requested classification.
(2) The Director shall make the determination described in paragraph
(d)(1) of this section as promptly as practicable. In determining the
appropriate class for a specific modification, the Director shall
consider the similarity of the modification to other modifications
codified in appendix I and the following criteria:
(i) Class 1 modifications apply to minor changes that keep the
permit current with routine changes to the facility or its operation.
These changes do no substantially alter the permit conditions or reduce
the capacity of the facility to protect human health or the environment.
In the case of Class 1 modifications, the Director may require prior
approval.
(ii) Class 2 modifications apply to changes that are necessary to
enable a permittee to respond, in a timely manner, to,
(A) Common variations in the types and quantities of the wastes
managed under the facility permit,
(B) Technological advancements, and
(C) Changes necessary to comply with new regulations, where these
changes can be implemented without substantially changing design
specifications or management practices in the permit.
(iii) Class 3 modifications substantially alter the facility or its
operation.
(e) Temporary authorizations. (1) Upon request of the permittee, the
Director may, without prior public notice and comment, grant the
permittee a temporary authorization in accordance with this subsection.
Temporary authorizations must have a term of not more than 180 days.
(2)(i) The permittee may request a temporary authorization for:
(A) Any Class 2 modification meeting the criteria in paragraph
(e)(3)(ii) of this section, and
(B) Any Class 3 modification that meets the criteria in paragraph
(3)(ii) (A) or (B) of this section; or that meets the criteria in
paragraphs (3)(ii) (C) through (E) of this section and provides improved
management or treatment of a hazardous waste already listed in the
facility permit.
(ii) The temporary authorization request must include:
(A) A description of the activities to be conducted under the
temporary authorization;
(B) An explanation of why the temporary authorization is necessary;
and
(C) Sufficient information to ensure compliance with 40 CFR part 264
standards.
(iii) The permittee must send a notice about the temporary
authorization request to all persons on the facility mailing list
maintained by the Director and to appropriate units of State and local
governments as specified in 40 CFR 124.10(c)(ix). This notification must
be made within seven days of submission of the authorization request.
(3) The Director shall approve or deny the temporary authorization
as quickly as practical. To issue a temporary authorization, the
Director must find:
(i) The authorized activities are in compliance with the standards
of 40 CFR part 264.
(ii) The temporary authorization is necessary to achieve one of the
following objectives before action is likely to be taken on a
modification request:
(A) To facilitate timely implementation of closure or corrective
action activities;
(B) To allow treatment or storage in tanks or containers, or in
containment buildings in accordance with 40 CFR part 268;
(C) To prevent disruption of ongoing waste management activities;
(D) To enable the permittee to respond to sudden changes in the
types or quantities of the wastes managed under the facility permit; or
(E) To facilitate other changes to protect human health and the
environment.
[[Page 321]]
(4) A temporary authorization may be reissued for one additional
term of up to 180 days provided that the permittee has requested a Class
2 or 3 permit modification for the activity covered in the temporary
authorization, and:
(i) The reissued temporary authorization constitutes the Director's
decision on a Class 2 permit modification in accordance with paragraph
(b)(6)(i)(D) or (ii)(D) of this section, or
(ii) The Director determines that the reissued temporary
authorization involving a Class 3 permit modification request is
warranted to allow the authorized activities to continue while the
modification procedures of paragraph (c) of this section are conducted.
(f) Public notice and appeals of permit modification decisions. (1)
The Director shall notify persons on the facility mailing list and
appropriate units of State and local government within 10 days of any
decision under this section to grant or deny a Class 2 or 3 permit
modification request. The Director shall also notify such persons within
10 days after an automatic authorization for a Class 2 modification goes
into effect under Sec. 270.42(b)(6) (iii) or (v).
(2) The Director's decision to grant or deny a Class 2 or 3 permit
modification request under this section may be appealed under the permit
appeal procedures of 40 CFR 124.19.
(3) An automatic authorization that goes into effect under
Sec. 270.42(b)(6) (iii) or (v) may be appealed under the permit appeal
procedures of 40 CFR 124.19; however, the permittee may continue to
conduct the activities pursuant to the automatic authorization until the
appeal has been granted pursuant to Sec. 124.19(c), notwithstanding the
provisions of Sec. 124.15(b).
(g) Newly regulated wastes and units. (1) The permittee is
authorized to continue to manage wastes listed or identified as
hazardous under part 261 of this chapter, or to continue to manage
hazardous waste in units newly regulated as hazardous waste management
units, if:
(i) The unit was in existence as a hazardous waste facility with
respect to the newly listed or characterized waste or newly regulated
waste management unit on the effective date of the final rule listing or
identifying the waste, or regulating the unit;
(ii) The permittee submits a Class 1 modification request on or
before the date on which the waste or unit becomes subject to the new
requirements;
(iii) The permittee is in compliance with the applicable standards
of 40 CFR parts 265 and 266 of this chapter;
(iv) The permittee also submits a complete Class 2 or 3 modification
request within 180 days of the effective date of the rule listing or
identifying the waste, or subjecting the unit to RCRA Subtitle C
management standards;
(v) In the case of land disposal units, the permittee certifies that
each such unit is in compliance with all applicable requirements of part
265 of this chapter for groundwater monitoring and financial
responsibility on the date 12 months after the effective date of the
rule identifying or listing the waste as hazardous, or regulating the
unit as a hazardous waste management unit. If the owner or operator
fails to certify compliance with all these requirements, he or she will
lose authority to operate under this section.
(2) New wastes or units added to a facility's permit under this
subsection do not constitute expansions for the purpose of the 25
percent capacity expansion limit for Class 2 modifications.
(h) Military hazardous waste munitions treatment and disposal. The
permittee is authorized to continue to accept waste military munitions
notwithstanding any permit conditions barring the permittee from
accepting off-site wastes, if:
(1) The facility was in existence as a hazardous waste facility, and
the facility was already permitted to handle the waste military
munitions, on the date when the waste military munitions became subject
to hazardous waste regulatory requirements;
(2) On or before the date when the waste military munitions become
subject to hazardous waste regulatory requirements, the permittee
submits a Class 1 modification request to remove or amend the permit
provision restricting the receipt of off-site waste munitions; and
(3) The permittee submits a complete Class 2 modification request
within 180
[[Page 322]]
days of the date when the waste military munitions became subject to
hazardous waste regulatory requirements.
(i) Permit modification list. The Director must maintain a list of
all approved permit modifications and must publish a notice once a year
in a State-wide newspaper that an updated list is available for review.
(j) Combustion facility changes to meet part 63 MACT standards. The
following procedures apply to hazardous waste combustion facility permit
modifications requested under Appendix I of this section, section L(9).
(1) Facility owners or operators must have complied with the
Notification of Intent to Comply (NIC) requirements of 40 CFR 63.1210
that were in effect prior to October 11, 2000, (See 40 CFR Part 63
Revised as of July 1, 2000) in order to request a permit modification
under this section.
(2) If the Director does not approve or deny the request within 90
days of receiving it, the request shall be deemed approved. The Director
may, at his or her discretion, extend this 90 day deadline one time for
up to 30 days by notifying the facility owner or operator.
Appendix I to Sec. 270.42--Classification of Permit Modification
------------------------------------------------------------------------
Modifications Class
------------------------------------------------------------------------
A. General Permit Provisions
1. Administrative and informational changes.................. 1
2. Correction of typographical errors........................ 1
3. Equipment replacement or upgrading with functionally 1
equivalent components (e.g., pipes, valves, pumps,
conveyors, controls)........................................
4. Changes in the frequency of or procedures for monitoring,
reporting, sampling, or maintenance activities by the
permittee:
a. To provide for more frequent monitoring, reporting, 1
sampling, or maintenance..................................
b. Other changes........................................... 2
5. Schedule of compliance:
a. Changes in interim compliance dates, with prior approval \1\ 1
of the Director...........................................
b. Extension of final compliance date...................... 3
6. Changes in expiration date of permit to allow earlier \1\ 1
permit termination, with prior approval of the Director.....
7. Changes in ownership or operational control of a facility, \1\ 1
provided the procedures of Sec. 270.40(b) are followed.....
8. Changes to remove permit conditions that are no longer \1\ 1
applicable (i.e., because the standards upon which they are
based are no longer applicable to the facility).............
B. General Facility Standards
1. Changes to waste sampling or analysis methods:
a. To conform with agency guidance or regulations.......... 1
b. To incorporate changes associated with F039 (multi- 1
source leachate) sampling or analysis methods.............
c. To incorporate changes associated with underlying \1\ 1
hazardous constituents in ignitable or corrosive wastes...
d. Other changes........................................... 2
2. Changes to analytical quality assurance/control plan:
a. To conform with agency guidance or regulations.......... 1
b. Other changes........................................... 2
3. Changes in procedures for maintaining the operating record 1
4. Changes in frequency or content of inspection schedules... 2
5. Changes in the training plan:
a. That affect the type or decrease the amount of training 2
given to employees........................................
b. Other changes........................................... 1
6. Contingency plan:
a. Changes in emergency procedures (i.e., spill or release 2
response procedures)......................................
b. Replacement with functionally equivalent equipment, 1
upgrade, or relocate emergency equipment listed...........
c. Removal of equipment from emergency equipment list...... 2
d. Changes in name, address, or phone number of 1
coordinators or other persons or agencies identified in
the plan..................................................
7. Construction quality assurance plan:
a. Changes that the CQA officer certifies in the operating 1
record will provide equivalent or better certainty that
the unit components meet the design specifications........
b. Other changes........................................... 2
Note: When a permit modification (such as introduction of a new
unit) requires a change in facility plans or other general
facility standards, that change shall be reviewed under the
same procedures as the permit modification.
C. Ground-Water Protection
1. Changes to wells:
a. Changes in the number, location, depth, or design of 2
upgradient or downgradient wells of permitted ground-water
monitoring system.........................................
b. Replacement of an existing well that has been damaged or 1
rendered inoperable, without change to location, design,
or depth of the well......................................
2. Changes in ground-water sampling or analysis procedures or \1\ 1
monitoring schedule, with prior approval of the Director....
3. Changes in statistical procedure for determining whether a \1\ 1
statistically significant change in ground-water quality
between upgradient and downgradient wells has occurred, with
prior approval of the Director..............................
4. Changes in point of compliance............................ \1\ 2
[[Page 323]]
5. Changes in indicator parameters, hazardous constituents,
or concentration limits (including ACLs):
a. As specified in the groundwater protection standard..... 3
b. As specified in the detection monitoring program........ 2
6. Changes to a detection monitoring program as required by 2
Sec. 264.98(j), unless otherwise specified in this appendix
7. Compliance monitoring program:
a. Addition of compliance monitoring program as required by 3
Secs. 264.98(h)(4) and 264.99............................
b. Changes to a compliance monitoring program as required 2
by Sec. 264.99(k), unless otherwise specified in this
appendix..................................................
8. Corrective action program:
a. Addition of a corrective action program as required by 3
Secs. 264.99(i)(2) and 264.100...........................
b. Changes to a corrective action program as required by 2
Sec. 264.100(h), unless otherwise specified in this
appendix..................................................
D. Closure
1. Changes to the closure plan:
a. Changes in estimate of maximum extent of operations or \1\ 1
maximum inventory of waste on-site at any time during the
active life of the facility, with prior approval of the
Director..................................................
b. Changes in the closure schedule for any unit, changes in \1\ 1
the final closure schedule for the facility, or extension
of the closure period, with prior approval of the Director
c. Changes in the expected year of final closure, where \1\ 1
other permit conditions are not changed, with prior
approval of the Director..................................
d. Changes in procedures for decontamination of facility \1\ 1
equipment or structures, with prior approval of the
Director..................................................
e. Changes in approved closure plan resulting from 2
unexpected events occurring during partial or final
closure, unless otherwise specified in this appendix......
f. Extension of the closure period to allow a landfill, 2
surface impoundment or land treatment unit to receive non-
hazardous wastes after final receipt of hazardous wastes
under Sec. 264.113 (d) and (e)...........................
2. Creation of a new landfill unit as part of closure........ 3
3. Addition of the following new units to be used temporarily
for closure activities:
a. Surface impoundments.................................... 3
b. Incinerators............................................ 3
c. Waste piles that do not comply with Sec. 264.250(c).... 3
d. Waste piles that comply with Sec. 264.250(c)........... 2
e. Tanks or containers (other than specified below)........ 2
f. Tanks used for neutralization, dewatering, phase \1\ 1
separation, or component separation, with prior approval
of the Director...........................................
g. Staging piles........................................... 2
E. Post-Closure
1. Changes in name, address, or phone number of contact in 1
post-closure plan...........................................
2. Extension of post-closure care period..................... 2
3. Reduction in the post-closure care period................. 3
4. Changes to the expected year of final closure, where other 1
permit conditions are not changed...........................
5. Changes in post-closure plan necessitated by events 2
occurring during the active life of the facility, including
partial and final closure...................................
F. Containers
1. Modification or addition of container units:
a. Resulting in greater than 25% increase in the facility's 3
container storage capacity, except as provided in F(1)(c)
and F(4)(a) below.........................................
b. Resulting in up to 25% increase in the facility's 2
container storage capacity, except as provided in F(1)(c)
and F(4)(a) below.........................................
c. Or treatment processes necessary to treat wastes that \1\ 1
are restricted from land disposal to meet some or all of
the applicable treatment standards or to treat wastes to
satisfy (in whole or in part) the standard of ``use of
practically available technology that yields the greatest
environmental benefit'' contained in Sec.
268.8(a)(2)(ii), with prior approval of the Director. This
modification may also involve addition of new waste codes
or narrative descriptions of wastes. It is not applicable
to dioxin-containing wastes (F020, 021, 022, 023, 026,
027, and 028).............................................
2:
a. Modification of a container unit without increasing the 2
capacity of the unit......................................
b. Addition of a roof to a container unit without 1
alteration of the containment system......................
3. Storage of different wastes in containers, except as
provided in (F)(4) below:
a. That require additional or different management 3
practices from those authorized in the permit.............
b. That do not require additional or different management 2
practices from those authorized in the permit.............
Note: See Sec. 270.42(g) for modification procedures to be
used for the management of newly listed or identified wastes.
4. Storage of treatment of different wastes in containers:
a. That require addition of units or change in treatment 1
process or management standards, provided that the wastes
are restricted from land disposal and are to be treated to
meet some or all of the applicable treatment standards, or
that are to be treated to satisfy (in whole or in part)
the standard of ``use of practically available technology
that yields the greatest environmental benefit'' contained
in Sec. 268.8(a)(2)(ii). This modification is not
applicable to dioxin-containing wastes (F020, 021, 022,
023, 026, 027, and 028)...................................
b. That do not require the addition of units or a change in \1\ 1
the treatment process or management standards, and
provided that the units have previously received wastes of
the same type (e.g., incinerator scrubber water). This
modification is not applicable to dioxin-containing wastes
(F020, 021, 022, 023, 026, 027, and 028)..................
[[Page 324]]
G. Tanks
1:
a. Modification or addition of tank units resulting in 3
greater than 25% increase in the facility's tank capacity,
except as provided in G(1)(c), G(1)(d), and G(1)(e) below.
b. Modification or addition of tank units resulting in up 2
to 25% increase in the facility's tank capacity, except as
provided in G(1)(d) and G(1)(e) below.....................
c. Addition of a new tank that will operate for more than 2
90 days using any of the following physical or chemical
treatment technologies: neutralization, dewatering, phase
separation, or component separation.......................
d. After prior approval of the Director, addition of a new \1\ 1
tank that will operate for up to 90 days using any of the
following physical or chemical treatment technologies:
neutralization, dewatering, phase separation, or component
separation................................................
e. Modification or addition of tank units or treatment \1\ 1
processes necessary to treat wastes that are restricted
from land disposal to meet some or all of the applicable
treatment standards or to treat wastes to satisfy (in
whole or in part) the standard of ``use of practically
available technology that yields the greatest
environmental benefit'' contained in Sec.
268.8(a)(2)(ii), with prior approval of the Director. This
modification may also involve addition of new waste codes.
It is not applicable to dioxin-containing wastes (F020,
021, 022, 023, 026, 027, and 028).........................
2. Modification of a tank unit or secondary containment 2
system without increasing the capacity of the unit..........
3. Replacement of a tank with a tank that meets the same 1
design standards and has a capacity within +/-10% of the
replaced tank provided......................................
--The capacity difference is no more than 1500 gallons, .......
--The facility's permitted tank capacity is not increased, .......
and
--The replacement tank meets the same conditions in the .......
permit.
4. Modification of a tank management practice................ 2
5. Management of different wastes in tanks:
a. That require additional or different management 3
practices, tank design, different fire protection
specifications, or significantly different tank treatment
process from that authorized in the permit, except as
provided in (G)(5)(c) below...............................
b. That do not require additional or different management 2
practices, tank design, different fire protection
specifications, or significantly different tank treatment
process than authorized in the permit, except as provided
in (G)(5)(d)..............................................
c. That require addition of units or change in treatment \1\ 1
processes or management standards, provided that the
wastes are restricted from land disposal and are to be
treated to meet some or all of the applicable treatment
standards or that are to be treated to satisfy (in whole
or in part) the standard of ``use of practically available
technology that yields the greatest environmental
benefit'' contained in Sec. 268.8(a)(2)(ii). The
modification is not applicable to dioxin-containing wastes
(F020, 021, 022, 023, 026, 027, and 028)..................
d. That do not require the addition of units or a change in 1
the treatment process or management standards, and
provided that the units have previously received wastes of
the same type (e.g., incinerator scrubber water). This
modification is not applicable to dioxin-containing wastes
(F020, 021, 022, 023, 026, 027, and 028)..................
Note: See Sec. 270.42(g) for modification procedures to be
used for the management of newly lilsted or identified wastes.
H. Surface Impoundments
1. Modification or addition of surface impoundment units that 3
result in increasing the facility's surface impoundment
storage or treatment capacity...............................
2. Replacement of a surface impoundment unit................. 3
3. Modification of a surface impoundment unit without 2
increasing the facility's surface impoundment storage or
treatment capacity and without modifying the unit's liner,
leak detection system, or leachate collection system........
4. Modification of a surface impoundment management practice. 2
5. Treatment, storage, or disposal of different wastes in
surface impoundments:
a. That require additional or different management 3
practices or different design of the liner or leak
detection system than authorized in the permit............
b. That do not require additional or different management 2
practices or different design of the liner or leak
detection system than authorized in the permit............
c. That are wastes restricted from land disposal that meet 1
the applicable treatment standards or that are treated to
satisfy the standard of ``use of practically available
technology that yields the greatest environmental
benefit'' contained in Sec. 269.8(a)(2)(ii), and provided
that the unit meets the minimum technological requirements
stated in Sec. 268.5(h)(2). This modification is not
applicable to dioxin-containing wastes (F020, 021, 022,
023, 026, 027, and 028)...................................
d. That are residues from wastewater treatment or 1
incineration, provided that disposal occurs in a unit that
meets the minimum technological requirements stated in
Sec. 268.5(h)(2), and provided further that the surface
impoundment has previously received wastes of the same
type (for example, incinerator scrubber water). This
modification is not applicable to dioxin-containing wastes
(F020, 021, 022, 023, 026, 027, and 028)..................
6. Modifications of unconstructed units to comply with Secs. *1
264.221(c), 264.222, 264.223, and 264.226(d)................
7. Changes in response action plan:
a. Increase in action leakage rate......................... 3
b. Change in a specific response reducing its frequency or 3
effectiveness.............................................
c. Other changes........................................... 2
Note: See Sec. 270.42(g) for modification procedures to be
used for the management of newly listed or identified wastes
I. Enclosed Waste Piles. For all waste piles except those
complying with Sec. 264.250(c), modifications are treated the
same as for a landfill. The following modifications are
applicable only to waste piles complying with Sec.
264.250(c).
1. Modification or addition of waste pile units:
a. Resulting in greater than 25% increase in the facility's 3
waste pile storage or treatment capacity..................
b. Resulting in up to 25% increase in the facility's waste 2
pile storage or treatment capacity........................
[[Page 325]]
2. Modification of waste pile unit without increasing the 2
capacity of the unit........................................
3. Replacement of a waste pile unit with another waste pile 1
unit of the same design and capacity and meeting all waste
pile conditions in the permit...............................
4. Modification of a waste pile management practice.......... 2
5. Storage or treatment of different wastes in waste piles:
a. That require additional or different management 3
practices or different design of the unit.................
b. That do not require additional or different management 2
practices or different design of the unit.................
6. Conversion of an enclosed waste pile to a containment 2
building unit...............................................
Note: See Sec. 270.42(g) for modification procedures to be
used for the management of newly listed or identified wastes.
J. Landfills and Unenclosed Waste Piles
1. Modification or addition of landfill units that result in 3
increasing the facility's disposal capacity.................
2. Replacement of a landfill................................. 3
3. Addition or modification of a liner, leachate collection 3
system, leachate detection system, run-off control, or final
cover system................................................
4. Modification of a landfill unit without changing a liner, 2
leachate collection system, leachate detection system, run-
off control, or final cover system..........................
5. Modification of a landfill management practice............ 2
6. Landfill different wastes:
a. That require additional or different management 3
practices, different design of the liner, leachate
collection system, or leachate detection system...........
b. That do not require additional or different management 2
practices, different design of the liner, leachate
collection system, or leachate detection system...........
c. That are wastes restricted from land disposal that meet 1
the applicable treatment standards or that are treated to
satisfy the standard of ``use of practically available
technology that yields the greatest environmental
benefit'' contained in Sec. 268.8(a)(2)(ii), and provided
that the landfill unit meets the minimum technological
requirements stated in Sec. 268.5(h)(2). This
modification is not applicable to dioxin-containing wastes
(F020, 021, 022, 023, 026, 027, and 028)..................
d. That are residues from wastewater treatment or 1
incineration, provided that disposal occurs in a landfill
unit that meets the minimum technological requirements
stated in Sec. 268.5(h)(2), and provided further that the
landfill has previously received wastes of the same type
(for example, incinerator ash). This modification is not
applicable to dioxin-containing wastes (F020, 021, 022,
023, 026, 027, and 028)...................................
7. Modifications of unconstructed units to comply with Secs. *1
264.251(c), 264.252, 264.253, 264.254(c), 264.301(c),
264.302, 264.303(c), and 264.304............................
8. Changes in response action plan:
a. Increase in action leakage rate......................... 3
b. Change in a specific response reducing its frequency or 3
effectiveness.............................................
c. Other changes........................................... 2
Note: See Sec. 270.42(g) for modification procedures to be
used for the management of newly listed or identified wastes.
K. Land Treatment
1. Lateral expansion of or other modification of a land 3
treatment unit to increase areal extent.....................
2. Modification of run-on control system..................... 2
3. Modify run-off control system............................. 3
4. Other modifications of land treatment unit component 2
specifications or standards required in permit..............
5. Management of different wastes in land treatment units:
a. That require a change in permit operating conditions or 3
unit design specifications................................
b. That do not require a change in permit operating 2
conditions or unit design specifications..................
Note: See Sec. 270.42(g) for modification procedures to be
used for the management of newly listed or identified wastes
6. Modification of a land treatment unit management practice
to:
a. Increase rate or change method of waste application..... 3
b. Decrease rate of waste application...................... 1
7. Modification of a land treatment unit management practice 2
to change measures of pH or moisture content, or to enhance
microbial or chemical reactions.............................
8. Modification of a land treatment unit management practice 3
to grow food chain crops, to add to or replace existing
permitted crops with different food chain crops, or to
modify operating plans for distribution of animal feeds
resulting from such crops...................................
9. Modification of operating practice due to detection of 3
releases from the land treatment unit pursuant to Sec.
264.278(g)(2)...............................................
10. Changes in the unsaturated zone monitoring system, 3
resulting in a change to the location, depth, number of
sampling points, or replace unsaturated zone monitoring
devices or components of devices with devices or components
that have specifications different from permit requirements.
11. Changes in the unsaturated zone monitoring system that do 2
not result in a change to the location, depth, number of
sampling points, or that replace unsaturated zone monitoring
devices or components of devices with devices or components
having specifications different from permit requirements....
12. Changes in background values for hazardous constituents 2
in soil and soil-pore liquid................................
13. Changes in sampling, analysis, or statistical procedure.. 2
14. Changes in land treatment demonstration program prior to 2
or during the demonstration.................................
15. Changes in any condition specified in the permit for a \1\ 1
land treatment unit to reflect results of the land treatment
demonstration, provided performance standards are met, and
the Director's prior approval has been received.............
[[Page 326]]
16. Changes to allow a second land treatment demonstration to \1\ 1
be conducted when the results of the first demonstration
have not shown the conditions under which the wastes can be
treated completely, provided the conditions for the second
demonstration are substantially the same as the conditions
for the first demonstration and have received the prior
approval of the Director....................................
17. Changes to allow a second land treatment demonstration to 3
be conducted when the results of the first demonstration
have not shown the conditions under which the wastes can be
treated completely, where the conditions for the second
demonstration are not substantially the same as the
conditions for the first demonstration......................
18. Changes in vegetative cover requirements for closure..... 2
L. Incinerators, Boilers, and Industrial Furnaces:
1. Changes to increase by more than 25% any of the following 3
limits authorized in the permit: A thermal feed rate limit,
a feedstream feed rate limit, a chlorine/chloride feed rate
limit, a metal feed rate limit, or an ash feed rate limit.
The Director will require a new trial burn to substantiate
compliance with the regulatory performance standards unless
this demonstration can be made through other means..........
2. Changes to increase by up to 25% any of the following 2
limits authorized in the permit: A thermal feed rate limit,
a feedstream feed rate limit, a chlorine/chloride feed rate
limit, a metal feed rate limit, or an ash feed rate limit.
The Director will require a new trial burn to substantiate
compliance with the regulatory performance standards unless
this demonstration can be made through other means..........
3. Modification of an incinerator, boiler, or industrial 3
furnace unit by changing the internal size or geometry of
the primary or secondary combustion units, by adding a
primary or secondary combustion unit, by substantially
changing the design of any component used to remove HCl/Cl2,
metals, or particulate from the combustion gases, or by
changing other features of the incinerator, boiler, or
industrial furnace that could affect its capability to meet
the regulatory performance standards. The Director will
require a new trial burn to substantiate compliance with the
regulatory performance standards unless this demonstration
can be made through other means.............................
4. Modification of an incinerator, boiler, or industrial 2
furnace unit in a manner that would not likely affect the
capability of the unit to meet the regulatory performance
standards but which would change the operating conditions or
monitoring requirements specified in the permit. The
Director may require a new trial burn to demonstrate
compliance with the regulatory performance standards........
5. Operating requirements:...................................
a. Modification of the limits specified in the permit for 3
minimum or maximum combustion gas temperature, minimum
combustion gas residence time, oxygen concentration in the
secondary combustion chamber, flue gas carbon monoxide and
hydrocarbon concentration, maximum temperature at the
inlet to the particulate matter emission control system,
or operating parameters for the air pollution control
system. The Director will require a new trial burn to
substantiate compliance with the regulatory performance
standards unless this demonstration can be made through
other means...............................................
b. Modification of any stack gas emission limits specified 3
in the permit, or modification of any conditions in the
permit concerning emergency shutdown or automatic waste
feed cutoff procedures or controls........................
c. Modification of any other operating condition or any 2
inspection or recordkeeping requirement specified in the
permit....................................................
6. Burning different wastes:.................................
a. If the waste contains a POHC that is more difficult to 3
burn than authorized by the permit or if burning of the
waste requires compliance with different regulatory
performance standards than specified in the permit. The
Director will require a new trial burn to substantiate
compliance with the regulatory performance standards
unless this demonstration can be made through other means.
b. If the waste does not contain a POHC that is more 2
difficult to burn than authorized by the permit and if
burning of the waste does not require compliance with
different regulatory performance standards than specified
in the permit.............................................
Note: See Sec. 270.42(g) for modification procedures to be
used for the management of newly listed or identified wastes
7. Shakedown and trial burn:
a. Modification of the trial burn plan or any of the permit 2
conditions applicable during the shakedown period for
determining operational readiness after construction, the
trial burn period, or the period immediately following the
trial burn................................................
b. Authorization of up to an additional 720 hours of waste \1\1
burning during the shakedown period for determining
operational readiness after construction, with the prior
approval of the Director..................................
c. Changes in the operating requirements set in the permit \1\1
for conducting a trial burn, provided the change is minor
and has received the prior approval of the Director.......
d. Changes in the ranges of the operating requirements set \1\1
in the permit to reflect the results of the trial burn,
provided the change is minor and has received the prior
approval of the Director..................................
8. Substitution of an alternative type of nonhazardous waste 1
fuel that is not specified in the permit....................
9. Technology Changes Needed to meet Standards under 40 CFR \1\ 1
part 63 (Subpart EEE--National Emission Standards for
Hazardous Air Pollutants From Hazardous Waste Combustors),
provided the procedures of Sec. 270.42(j) are followed.
M. Containment Buildings.
1. Modification or addition of containment building units:
a. Resulting in greater than 25% increase in the facility's 3
containment building storage or treatment capacity..........
b. Resulting in up to 25% increase in the facility's 2
containment building storage or treatment capacity..........
2. Modification of a containment building unit or secondary 2
containment system without increasing the capacity of the unit
3. Replacement of a containment building with a containment
building that meets the same design standards provided:
a. The unit capacity is not increased........................ 1
b. The replacement containment building meets the same 1
conditions in the permit....................................
4. Modification of a containment building management practice.. 2
[[Page 327]]
5. Storage or treatment of different wastes in containment
buildings:
a. That require additional or different management practices. 3
b. That do not require additional or different management 2
practices...................................................
N. Corrective Action:
1. Approval of a corrective action management unit pursuant 3
to Sec. 264.552............................................
2. Approval of a temporary unit or time extension for a 2
temporary unit pursuant to Sec. 264.553....................
3. Approval of a staging pile or staging pile operating term 2
extension pursuant to Sec. 264.554.........................
------------------------------------------------------------------------
\1\ Class 1 modifications requiring prior Agency approval.
[53 FR 37936, Sept. 28, 1988]
Editorial Note: For Federal Register citations affecting
Sec. 270.42, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and on GPO Access.
Sec. 270.43 Termination of permits.
(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.
[48 FR 14228, Apr. 1, 1983, as amended at 65 FR 30913, May 15, 2000]
Subpart E--Expiration and Continuation of Permits
Sec. 270.50 Duration of permits.
(a) RCRA permits shall be effective for a fixed term not to exceed
10 years.
(b) Except as provided in Sec. 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 Sec. 270.41.
[48 FR 14228, Apr. 1, 1983, as amended at 50 FR 28752, July 15, 1985]
Sec. 270.51 Continuation of expiring permits.
(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 Sec. 124.15) if:
(1) The permittee has submitted a timely application under
Sec. 270.14 and the applicable sections in Secs. 270.15 through 270.29
which is a complete (under Sec. 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 Sec. 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
Sec. 124.6. If the permit is denied, the owner or operator
[[Page 328]]
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 an 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.
(Clean Water Act (33 U.S.C. 1251 et seq.), Safe Drinking Water Act (42
U.S.C. 300f et seq.), Clean Air Act (42 U.S.C. 7401 et seq.), Resource
Conservation and Recovery Act (42 U.S.C. 6901 et seq.))
[48 FR 14228, Apr. 1, 1983, as amended at 48 FR 39622, Sept. 1, 1983]
Subpart F--Special Forms of Permits
Sec. 270.60 Permits by rule.
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 Sec. 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
264.101.
(4) If the waste meets all Federal, State, and local pretreatment
requirements which would be applicable to the waste if it were being
discharged into the POTW through a sewer, pipe, or similar conveyance.
[48 FR 14228, Apr. 1, 1983, as amended at 50 FR 28752, July 15, 1985; 52
FR 45799, Dec. 1, 1987]
Sec. 270.61 Emergency permits.
(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
[[Page 329]]
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
Sec. 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.
[48 FR 14228, Apr. 1, 1983, as amended at 48 FR 30114, June 30, 1983; 60
FR 63433, Dec. 11, 1996]
Sec. 270.62 Hazardous waste incinerator permits.
When an owner or operator 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), the requirements of this
section do not apply, except those provisions the Director determines
are necessary to ensure compliance with Secs. 264.345(a) and 264.345(c)
of this chapter if you elect to comply with Sec. 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 Secs. 270.10(k) and 270.32(b)(2).
(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 Sec. 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 Sec. 264.343 of this
chapter during this period. This statement should include, at a minimum,
restrictions on waste constituents, waste feed rates and the operating
parameters identified in Sec. 264.345 of this chapter.
(2) The Director will review this statement and any other relevant
information submitted with part B of the permit application and specify
requirements for this period sufficient to meet the performance
standards of Sec. 264.343 of this chapter based on his engineering
judgment.
(b) For the purposes of determining feasibility of compliance with
the performance standards of Sec. 264.343 of this chapter and of
determining adequate operating conditions under Sec. 264.345 of this
chapter, the Director must establish conditions in the permit for a new
hazardous waste incinerator to be effective during the trial burn.
(1) Applicants must propose a trial burn plan, prepared under
paragraph
[[Page 330]]
(b)(2) of this section with a part B of the permit application.
(2) The trial burn plan must include the following information:
(i) An analysis of each waste or mixture of wastes to be burned
which includes:
(A) Heat value of the waste in the form and composition in which it
will be burned.
(B) Viscosity (if applicable), or description of the physical form
of the waste.
(C) 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 analyze for
constituents listed in part 261, appendix VIII, of this chapter which
would reasonably not be expected to be found in the waste. The
constituents excluded from analysis must be identified, and the basis
for the exclusion stated. The waste analysis must rely on analytical
techniques specified in ``Test Methods for Evaluating Solid Waste,
Physical/Chemical Methods,'' EPA Publication SW-846, as incorporated by
reference in Sec. 260.11 of this chapter and Sec. 270.6, or other
equivalent.
(D) An approximate quantification of the hazardous constituents
identified in the waste, within the precision produced by the analytical
methods specified in ``Test Methods for Evaluating Solid Waste,
Physical/Chemical Methods,'' EPA Publication SW-846, as incorporated by
reference in Sec. 260.11 of this chapter and Sec. 270.6, or their
equivalent.
(ii) A detailed engineering description of the incinerator for which
the permit is sought including:
(A) Manufacturer's name and model number of incinerator (if
available).
(B) Type of incinerator.
(C) Linear dimensions of the incinerator unit including the cross
sectional area of combustion chamber.
(D) Description of the auxiliary fuel system (type/feed).
(E) Capacity of prime mover.
(F) Description of automatic waste feed cut-off system(s).
(G) Stack gas monitoring and pollution control equipment.
(H) Nozzle and burner design.
(I) Construction materials.
(J) Location and description of temperature, pressure, and flow
indicating and control devices.
(iii) A detailed description of sampling and monitoring procedures,
including sampling and monitoring locations in the system, the equipment
to be used, sampling and monitoring frequency, and planned analytical
procedures for sample analysis.
(iv) A detailed test schedule for each waste for which the trial
burn is planned including date(s), duration, quantity of waste to be
burned, and other factors relevant to the Director's decision under
paragraph (b)(5) of this section.
(v) A detailed test protocol, including, for each waste identified,
the ranges of temperature, waste feed rate, combustion gas velocity, use
of auxiliary fuel, and any other relevant parameters that will be varied
to affect the destruction and removal efficiency of the incinerator.
(vi) A description of, and planned operating conditions for, any
emission control equipment which will be used.
(vii) Procedures for rapidly stopping waste feed, shutting down the
incinerator, and controlling emissions in the event of an equipment
malfunction.
(viii) Such other information as the Director reasonably finds
necessary to determine whether to approve the trial burn plan in light
of the purposes of this paragraph and the criteria in paragraph (b)(5)
of this section.
(3) The Director, in reviewing the trial burn plan, shall evaluate
the sufficiency of the information provided and may require the
applicant to supplement this information, if necessary, to achieve the
purposes of this paragraph.
(4) Based on the waste analysis data in the trial burn plan, the
Director will specify as trial Principal Organic Hazardous Constituents
(POHCs), those constituents for which destruction and removal
efficiencies must be calculated during the trial burn. These trial POHCs
will be specified by the Director based on his estimate of the
difficulty of incineration of the constituents identified in the waste
analysis, their concentration or mass in the waste feed, and, for wastes
listed in part 261,
[[Page 331]]
subpart D, of this chapter, the hazardous waste organic constituent or
constituents identified in appendix VII of that part as the basis for
listing.
(5) The Director shall approve a trial burn plan if he finds that:
(i) The trial burn is likely to determine whether the incinerator
performance standard required by Sec. 264.343 of this chapter can be
met;
(ii) The trial burn itself will not present an imminent hazard to
human health or the environment;
(iii) The trial burn will help the Director to determine operating
requirements to be specified under Sec. 264.345 of this chapter; and
(iv) The information sought in paragraphs (b)(5) (i) and (ii) of
this section cannot reasonably be developed through other means.
(6) The Director must send a notice to all persons on the facility
mailing list as set forth in 40 CFR 124.10(c)(1)(ix) and to the
appropriate units of State and local government as set forth in 40 CFR
124.10(c)(1)(x) announcing the scheduled commencement and completion
dates for the trial burn. The applicant may not commence the trial burn
until after the Director has issued such notice.
(i) This notice must be mailed within a reasonable time period
before the scheduled trial burn. An additional notice is not required if
the trial burn is delayed due to circumstances beyond the control of the
facility or the permitting agency.
(ii) This notice must contain:
(A) The name and telephone number of the applicant's contact person;
(B) The name and telephone number of the permitting agency's contact
office;
(C) The location where the approved trial burn plan and any
supporting documents can be reviewed and copied; and
(D) An expected time period for commencement and completion of the
trial burn.
(7) During each approved trial burn (or as soon after the burn as is
practicable), the applicant must make the following determinations:
(i) A quantitative analysis of the trial POHCs in the waste feed to
the incinerator.
(ii) A quantitative analysis of the exhaust gas for the
concentration and mass emissions of the trial POHCs, oxygen
(O2) and hydrogen chloride (HCl).
(iii) A quantitative analysis of the scrubber water (if any), ash
residues, and other residues, for the purpose of estimating the fate of
the trial POHCs.
(iv) A computation of destruction and removal efficiency (DRE), in
accordance with the DRE formula specified in Sec. 264.343(a) of this
chapter.
(v) If the HCl emission rate exceeds 1.8 kilograms of HCl per hour
(4 pounds per hour), a computation of HCl removal efficiency in
accordance with Sec. 264.343(b) of this chapter.
(vi) A computation of particulate emissions, in accordance with
Sec. 264.343(c) of this chapter.
(vii) An identification of sources of fugitive emissions and their
means of control.
(viii) A measurement of average, maximum, and minimum temperatures
and combustion gas velocity.
(ix) A continuous measurement of carbon monoxide (CO) in the exhaust
gas.
(x) Such other information as the Director may specify as necessary
to ensure that the trial burn will determine compliance with the
performance standards in Sec. 264.343 of this chapter and to establish
the operating conditions required by Sec. 264.345 of this chapter as
necessary to meet that performance standard.
(8) The applicant must submit to the Director a certification that
the trial burn has been carried out in accordance with the approved
trial burn plan, and must submit the results of all the determinations
required in paragraph (b)(6) of this section. This submission shall be
made within 90 days of completion of the trial burn, or later if
approved by the Director.
(9) All data collected during any trial burn must be submitted to
the Director following the completion of the trial burn.
(10) All submissions required by this paragraph must be certified on
behalf of the applicant by the signature of a person authorized to sign
a permit application or a report under Sec. 270.11.
[[Page 332]]
(11) Based on the results of the trial burn, the Director shall set
the operating requirements in the final permit according to Sec. 264.345
of this chapter. The permit modification shall proceed according to
Sec. 270.42.
(c) For the purposes of allowing operation of a new hazardous waste
incinerator following completion of the trial burn and prior to final
modification of the permit conditions to reflect the trial burn results,
the Director may establish permit conditions, including but not limited
to allowable waste feeds and operating conditions sufficient to meet the
requirements of Sec. 264.345 of this chapter, in the permit to a new
hazardous waste incinerator. These permit conditions will be effective
for the minimum time required to complete sample analysis, data
computation and submission of the trial burn results by the applicant,
and modification of the facility permit by the Director.
(1) Applicants must submit a statement, with part B of the permit
application, which identifies the conditions necessary to operate in
compliance with the performance standards of Sec. 264.343 of this
chapter, during this period. This statement should include, at a
minimum, restrictions on waste constituents, waste feed rates, and the
operating parameters in Sec. 264.345 of this chapter.
(2) The Director will review this statement and any other relevant
information submitted with part B of the permit application and specify
those requirements for this period most likely to meet the performance
standards of Sec. 264.343 of this chapter based on his engineering
judgment.
(d) For the purpose of determining feasibility of compliance with
the performance standards of Sec. 264.343 of this chapter and of
determining adequate operating conditions under Sec. 264.345 of this
chapter, the applicant for a permit for an existing hazardous waste
incinerator must prepare and submit a trial burn plan and perform a
trial burn in accordance with Sec. 270.19(b) and paragraphs (b)(2)
through (b)(5) and (b)(7) through (b)(10) of this section or, instead,
submit other information as specified in Sec. 270.19(c). The Director
must announce his or her intention to approve the trial burn plan in
accordance with the timing and distribution requirements of paragraph
(b)(6) of this section. The contents of the notice must include: the
name and telephone number of a contact person at the facility; the name
and telephone number of a contact office at the permitting agency; the
location where the trial burn plan and any supporting documents can be
reviewed and copied; and a schedule of the activities that are required
prior to permit issuance, including the anticipated time schedule for
agency approval of the plan and the time period during which the trial
burn would be conducted. Applicants submitting information under
Sec. 270.19(a) are exempt from compliance with 40 CFR 264.343 and
264.345 and, therefore, are exempt from the requirement to conduct a
trial burn. Applicants who submit trial burn plans and receive approval
before submission of a permit application must complete the trial burn
and submit the results, specified in paragraph (b)(7) of this section,
with part B of the permit application. If completion of this process
conflicts with the date set for submission of the part B application,
the applicant must contact the Director to establish a later date for
submission of the part B application or the trial burn results. Trial
burn results must be submitted prior to issuance of the permit. When the
applicant submits a trial burn plan with part B of the permit
application, the Director will specify a time period prior to permit
issuance in which the trial burn must be conducted and the results
submitted.
[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]
Sec. 270.63 Permits for land treatment demonstrations using field test or laboratory analyses.
(a) For the purpose of allowing an owner or operator to meet the
treatment demonstration requirements of Sec. 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
Sec. 264.272(c). The permit may be issued either as a treatment or
[[Page 333]]
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 Sec. 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 in the part B application.
(1) The first phase of the permit will be effective as provided in
Sec. 124.15(b) of this chapter.
(2) The second phase of the permit will be effective as provided in
paragraph (d) of this section.
(c) When the owner or operator who has been issued a two-phase
permit has completed the treatment demonstration, he must submit to the
Director a certification, signed by a person authorized to sign a permit
application or report under Sec. 270.11, that the field tests or
laboratory analyses have been carried out in accordance with the
conditions specified in phase one of the permit for conducting such
tests or analyses. The owner or operator must also submit all data
collected during the field tests or laboratory analyses within 90 days
of completion of those tests or analyses unless the Director approves a
later date.
(d) If the Director determines that the results of the field tests
or laboratory analyses meet the requirements of Sec. 264.272 of this
chapter, he will modify the second phase of the permit to incorporate
any requirements necessary for operation of the facility in compliance
with part 264, subpart M, of this chapter, based upon the results of the
field tests or laboratory analyses.
(1) This permit modification may proceed under Sec. 270.42, or
otherwise will proceed as a modification under Sec. 270.41(a)(2). If
such modifications are necessary, the second phase of the permit will
become effective only after those modifications have been made.
(2) If no modifications of the second phase of the permit are
necessary, the Director will give notice of his final decision to the
permit applicant and to each person who submitted written comments on
the phased permit or who requested notice of the final decision on the
second phase of the permit. The second phase of the permit then will
become effective as specified in Sec. 124.15(b).
[48 FR 14228, Apr. 1, 1983, as amended at 53 FR 37939, Sept. 28, 1988]
Sec. 270.64 Interim permits for UIC wells.
The Director may issue a permit under this part to any Class I UIC
well (see Sec. 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
[[Page 334]]
upon final action by the Director under a UIC program to issue or deny a
UIC permit for the facility.
[48 FR 14228, Apr. 1, 1983; 48 FR 30114, June 30, 1983]
Sec. 270.65 Research, development, and demonstration permits.
(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 health and the environment.
(d) Any permit issued under this section may be renewed not more
than three times. Each such renewal shall be for a period of not more
than 1 year.
[50 FR 28752, July 15, 1985]
Sec. 270.66 Permits for boilers and industrial furnaces burning hazardous waste.
When an owner or operator of a cement or lightweight aggregate kiln
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), the requirements of this section do not apply, except those
provisions the Director determines are necessary to ensure compliance
with Secs. 266.102(e)(1) and 266.102(e)(2)(iii) of this chapter if you
elect to comply with Sec. 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 Secs. 270.10(k) and 270.32(b)(2).
(a) General. Owners and operators of new boilers and industrial
furnaces (those not operating under the interim status standards of
Sec. 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 Sec. 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 conditions for the following operating periods:
(1) Pretrial burn period. For the period beginning with initial
introduction of hazardous waste and ending with initiation of the trial
burn, and only for the minimum time required to bring the
[[Page 335]]
boiler or industrial furnace to a point of operational readiness to
conduct a trial burn, not to exceed 720 hours operating time when
burning hazardous waste, the Director must establish in the Pretrial
Burn Period of the permit conditions, including but not limited to,
allowable hazardous waste feed rates and operating conditions. 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 Sec. 270.42.
(i) Applicants must submit a statement, with part B of the permit
application, that suggests the conditions necessary to operate in
compliance with the standards of Secs. 266.104 through 266.107 of this
chapter during this period. This statement should include, at a minimum,
restrictions on the applicable operating requirements identified in
Sec. 266.102(e) of this chapter.
(ii) The Director will review this statement and any other relevant
information submitted with part B of the permit application and specify
requirements for this period sufficient to meet the performance
standards of Secs. 266.104 through 266.107 of this chapter based on his/
her engineering judgment.
(2) Trial burn period. For the duration of the trial burn, the
Director must establish conditions in the permit for the purposes of
determining feasibility of compliance with the performance standards of
Secs. 266.104 through 266.107 of this chapter and determining adequate
operating conditions under Sec. 266.102(e) of this chapter. Applicants
must propose a trial burn plan, prepared under paragraph (c) of this
section, to be submitted with part B of the permit application.
(3) Post-trial burn period. (i) For the period immediately following
completion of the trial burn, and only for the minimum period sufficient
to allow sample analysis, data computation, and submission of the trial
burn results by the applicant, and review of the trial burn results and
modification of the facility permit by the Director to reflect the trial
burn results, the Director will establish the operating requirements
most likely to ensure compliance with the performance standards of
Secs. 266.104 through 266.107 of this chapter based on his engineering
judgment.
(ii) Applicants must submit a statement, with part B of the
application, that identifies the conditions necessary to operate during
this period in compliance with the performance standards of
Secs. 266.104 through 266.107 of this chapter. This statement should
include, at a minimum, restrictions on the operating requirements
provided by Sec. 266.102(e) of this chapter.
(iii) The Director will review this statement and any other relevant
information submitted with part B of the permit application and specify
requirements for this period sufficient to meet the performance
standards of Secs. 266.104 through 266.107 of this chapter based on his/
her engineering judgment.
(4) Final permit period. For the final period of operation, the
Director will develop operating requirements in conformance with
Sec. 266.102(e) of this chapter that reflect conditions in the trial
burn plan and are likely to ensure compliance with the performance
standards of Secs. 266.104 through 266.107 of this chapter. Based on the
trial burn results, the Director shall make any necessary modifications
to the operating requirements to ensure compliance with the performance
standards. The permit modification shall proceed according to
Sec. 270.42.
(c) Requirements for trial burn plans. The trial burn plan must
include the following information. The Director, in reviewing the trial
burn plan, shall evaluate the sufficiency of the information provided
and may require the applicant to supplement this information, if
necessary, to achieve the purposes of this paragraph:
(1) An analysis of each feed stream, including hazardous waste,
other fuels, and industrial furnace feed stocks, as fired, that
includes:
(i) Heating value, levels of antimony, arsenic, barium, beryllium,
cadmium, chromium, lead, mercury, silver, thallium, total chlorine/
chloride, and ash;
(ii) Viscosity or description of the physical form of the feed
stream;
(2) An analysis of each hazardous waste, as fired, including:
(i) An identification of any hazardous organic constituents listed
in appendix VIII, part 261, of this chapter that are
[[Page 336]]
present in the feed stream, except that the applicant need not analyze
for constituents listed in appendix VIII that would reasonably not be
expected to be found in the hazardous waste. The constituents excluded
from analysis must be identified and the basis for this exclusion
explained. The waste analysis must be conducted in accordance with
analytical techniques specified in ``Test Methods for Evaluating Solid
Waste, Physical/Chemical Methods,'' EPA Publication SW-846, as
incorporated by reference in Sec. 260.11 of this chapter and Sec. 270.6,
or their equivalent.
(ii) An approximate quantification of the hazardous constituents
identified in the hazardous waste, within the precision produced by the
analytical methods specified in ``Test Methods for Evaluating Solid
Waste, Physical/Chemical Methods,'' EPA Publication SW-846, as
incorporated by reference in Sec. 260.11 of this chapter and Sec. 270.6,
or other equivalent.
(iii) A description of blending procedures, if applicable, prior to
firing the hazardous waste, including a detailed analysis of the
hazardous waste prior to blending, an analysis of the material with
which the hazardous waste is blended, and blending ratios.
(3) A detailed engineering description of the boiler or industrial
furnace, including:
(i) Manufacturer's name and model number of the boiler or industrial
furnace;
(ii) Type of boiler or industrial furnace;
(iii) Maximum design capacity in appropriate units;
(iv) Description of the feed system for the hazardous waste, and, as
appropriate, other fuels and industrial furnace feedstocks;
(v) Capacity of hazardous waste feed system;
(vi) Description of automatic hazardous waste feed cutoff system(s);
(vii) Description of any air pollution control system; and
(viii) Description of stack gas monitoring and any pollution control
monitoring systems.
(4) A detailed description of sampling and monitoring procedures
including sampling and monitoring locations in the system, the equipment
to be used, sampling and monitoring frequency, and planned analytical
procedures for sample analysis.
(5) A detailed test schedule for each hazardous waste for which the
trial burn is planned, including date(s), duration, quantity of
hazardous waste to be burned, and other factors relevant to the
Director's decision under paragraph (b)(2) of this section.
(6) A detailed test protocol, including, for each hazardous waste
identified, the ranges of hazardous waste feed rate, and, as
appropriate, the feed rates of other fuels and industrial furnace
feedstocks, and any other relevant parameters that may affect the
ability of the boiler or industrial furnace to meet the performance
standards in Secs. 266.104 through 266.107 of this chapter.
(7) A description of, and planned operating conditions for, any
emission control equipment that will be used.
(8) Procedures for rapidly stopping the hazardous waste feed and
controlling emissions in the event of an equipment malfunction.
(9) Such other information as the Director reasonably finds
necessary to determine whether to approve the trial burn plan in light
of the purposes of this paragraph and the criteria in paragraph (b)(2)
of this section.
(d) Trial burn procedures. (1) A trial burn must be conducted to
demonstrate conformance with the standards of Secs. 266.104 through
266.107 of this chapter under an approved trial burn plan.
(2) The Director shall approve a trial burn plan if he/she finds
that:
(i) The trial burn is likely to determine whether the boiler or
industrial furnace can meet the performance standards of Secs. 266.104
through 266.107 of this chapter;
(ii) The trial burn itself will not present an imminent hazard to
human health and the environment;
(iii) The trial burn will help the Director to determine operating
requirements to be specified under Sec. 266.102(e) of this chapter; and
(iv) The information sought in the trial burn cannot reasonably be
developed through other means.
(3) The Director must send a notice to all persons on the facility
mailing list as set forth in 40 CFR
[[Page 337]]
124.10(c)(1)(ix) and to the appropriate units of State and local
government as set forth in 40 CFR 124.10(c)(1)(x) announcing the
scheduled commencement and completion dates for the trial burn. The
applicant may not commence the trial burn until after the Director has
issued such notice.
(i) This notice must be mailed within a reasonable time period
before the trial burn. An additional notice is not required if the trial
burn is delayed due to circumstances beyond the control of the facility
or the permitting agency.
(ii) This notice must contain:
(A) The name and telephone number of applicant's contact person;
(B) The name and telephone number of the permitting agency contact
office;
(C) The location where the approved trial burn plan and any
supporting documents can be reviewed and copied; and
(D) An expected time period for commencement and completion of the
trial burn.
(4) The applicant must submit to the Director a certification that
the trial burn has been carried out in accordance with the approved
trial burn plan, and must submit the results of all the determinations
required in paragraph (c) of this section. This submission shall be made
within 90 days of completion of the trial burn, or later if approved by
the Director.
(5) All data collected during any trial burn must be submitted to
the Director following completion of the trial burn.
(6) All submissions required by this paragraph must be certified on
behalf of the applicant by the signature of a person authorized to sign
a permit application or a report under Sec. 270.11.
(e) Special procedures for DRE trial burns. When a DRE trial burn is
required under Sec. 266.104(a) of this chapter, the Director will
specify (based on the hazardous waste analysis data and other
information in the trial burn plan) as trial Principal Organic Hazardous
Constituents (POHCs) those compounds for which destruction and removal
efficiencies must be calculated during the trial burn. These trial POHCs
will be specified by the Director based on information including his/her
estimate of the difficulty of destroying the constituents identified in
the hazardous waste analysis, their concentrations or mass in the
hazardous waste feed, and, for hazardous waste containing or derived
from wastes listed in part 261, subpart D of this chapter, the hazardous
waste organic constituent(s) identified in Appendix VII of that part as
the basis for listing.
(f) Determinations based on trial burn. During each approved trial
burn (or as soon after the burn as is practicable), the applicant must
make the following determinations:
(1) A quantitative analysis of the levels of antimony, arsenic,
barium, beryllium, cadmium, chromium, lead, mercury, thallium, silver,
and chlorine/chloride, in the feed streams (hazardous waste, other
fuels, and industrial furnace feedstocks);
(2) When a DRE trial burn is required under Sec. 266.104(a) of this
chapter:
(i) A quantitative analysis of the trial POHCs in the hazardous
waste feed;
(ii) A quantitative analysis of the stack gas for the concentration
and mass emissions of the trial POHCs; and
(iii) A computation of destruction and removal efficiency (DRE), in
accordance with the DRE formula specified in Sec. 266.104(a) of this
chapter;
(3) When a trial burn for chlorinated dioxins and furans is required
under Sec. 266.104(e) of this chapter, a quantitative analysis of the
stack gas for the concentration and mass emission rate of the 2,3,7,8-
chlorinated tetra-octa congeners of chlorinated dibenzo-p-dioxins and
furans, and a computation showing conformance with the emission
standard;
(4) When a trial burn for particulate matter, metals, or HCl/
Cl2 is required under Secs. 266.105, 266.106 (c) or (d), or
266.107 (b)(2) or (c) of this chapter, a quantitative analysis of the
stack gas for the concentrations and mass emissions of particulate
matter, metals, or hydrogen chloride (HCl) and chlorine
(Cl2), and computations showing conformance with the
applicable emission performance standards;
(5) When a trial burn for DRE, metals, or HCl/Cl2 is
required under Secs. 266.104(a), 266.106 (c) or (d), or 266.107 (b)(2)
or (c) of this chapter, a quantitative analysis of the scrubber water
[[Page 338]]
(if any), ash residues, other residues, and products for the purpose of
estimating the fate of the trial POHCs, metals, and chlorine/chloride;
(6) An identification of sources of fugitive emissions and their
means of control;
(7) A continuous measurement of carbon monoxide (CO), oxygen, and
where required, hydrocarbons (HC), in the stack gas; and
(8) Such other information as the Director may specify as necessary
to ensure that the trial burn will determine compliance with the
performance standards in Secs. 266.104 through 266.107 of this chapter
and to establish the operating conditions required by Sec. 266.102(e) of
this chapter as necessary to meet those performance standards.
(g) Interim status boilers and industrial furnaces. For the purpose
of determining feasibility of compliance with the performance standards
of Sec. 266.104 through 266.107 of this chapter and of determining
adequate operating conditions under Sec. 266.103 of this chapter,
applicants owning or operating existing boilers or industrial furnaces
operated under the interim status standards of Sec. 266.103 of this
chapter must either prepare and submit a trial burn plan and perform a
trial burn in accordance with the requirements of this section or submit
other information as specified in Sec. 270.22(a)(6). The Director must
announce his or her intention to approve of the trial burn plan in
accordance with the timing and distribution requirements of paragraph
(d)(3) of this section. The contents of the notice must include: the
name and telephone number of a contact person at the facility; the name
and telephone number of a contact office at the permitting agency; the
location where the trial burn plan and any supporting documents can be
reviewed and copied; and a schedule of the activities that are required
prior to permit issuance, including the anticipated time schedule for
agency approval of the plan and the time periods during which the trial
burn would be conducted. Applicants who submit a trial burn plan and
receive approval before submission of the part B permit application must
complete the trial burn and submit the results specified in paragraph
(f) of this section with the part B permit application. If completion of
this process conflicts with the date set for submission of the part B
application, the applicant must contact the Director to establish a
later date for submission of the part B application or the trial burn
results. If the applicant submits a trial burn plan with part B of the
permit application, the trial burn must be conducted and the results
submitted within a time period prior to permit issuance to be specified
by the Director.
[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]
Sec. 270.68 Remedial Action Plans (RAPs).
Remedial Action Plans (RAPs) are special forms of permits that are
regulated under subpart H of this part.
[63 FR 65941, Nov. 30, 1998]
Subpart G--Interim Status
Sec. 270.70 Qualifying for interim status.
(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 an 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.]
(2) Complied with the requirements of Sec. 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 Sec. 270.13, it shall notify the owner or operator
in writing of the apparent deficiency. Such notice shall specify the
[[Page 339]]
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.
[48 FR 14228, Apr. 1, 1983, as amended at 49 FR 17718, Apr. 24, 1984; 50
FR 28753, July 15, 1985]
Sec. 270.71 Operation during interim status.
(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.
Sec. 270.72 Changes during interim status.
(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 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
in 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 in writing that
he no longer needs to comply with subpart H as of the date of
demonstration. All other interim status duties are transferred effective
immediately upon the date of the change in ownership or operational
control of the facility.
(5) Changes made in accordance with an interim status corrective
action order issued by EPA under section
[[Page 340]]
3008(h) or other Federal authority, by an authorized State under
comparable State authority, or by a court in a judicial action brought
by EPA or by an authorized State. Changes under this paragraph are
limited to the treatment, storage, or disposal of solid waste from
releases that originate within the boundary of the facility.
(6) Addition of newly regulated units for the treatment, storage, or
disposal of hazardous waste if the owner or operator submits a revised
part A permit application on or before the date on which the unit
becomes subject to the new requirements.
(b) Except as specifically allowed under this paragraph, changes
listed under paragraph (a) of this section may not be made if they
amount to reconstruction of the hazardous waste management facility.
Reconstruction occurs when the capital investment in the changes to the
facility exceeds 50 percent of the capital cost of a comparable entirely
new hazardous waste management facility. If all other requirements are
met, the following changes may be made even if they amount to a
reconstruction:
(1) Changes made solely for the purposes of complying with the
requirements of 40 CFR 265.193 for tanks and ancillary equipment.
(2) If necessary to comply with Federal, State, or local
requirements, changes to an existing unit, changes solely involving
tanks or containers, or addition of replacement surface inpoundments
that satisfy the standards of section 3004(o).
(3) Changes that are necessary to allow owners or operators to
continue handling newly listed or identified hazardous wastes that have
been treated, stored, or disposed of at the facility prior to the
effective date of the rule establishing the new listing or
identification.
(4) Changes during closure of a facility or of a unit within a
facility made in accordance with an approved closure plan.
(5) Changes necessary to comply with an interim status corrective
action order issued by EPA under section 3008(h) or other Federal
authority, by an authorized State under comparable State authority, or
by a court in a judicial proceeding brought by EPA or an authorized
State, provided that such changes are limited to the treatment, storage,
or disposal of solid waste from releases that originate within the
boundary of the facility.
(6) Changes to treat or store, in tanks, containers, or containment
buildings, hazardous wastes subject to land disposal restrictions
imposed by part 268 of this chapter or RCRA section 3004, provided that
such changes are made solely for the purpose of complying with part 268
of this chapter or RCRA section 3004.
(7) Addition of newly regulated units under paragraph (a)(6) of this
section.
(8) Changes necessary to comply with standards under 40 CFR part 63,
Subpart EEE--National Emission Standards for Hazardous Air Pollutants
From Hazardous Waste Combustors.
[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]
Sec. 270.73 Termination of interim status.
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 Sec. 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:
[[Page 341]]
(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 Sec. 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 facility by November 8, 1986.
(g) For owners or operators of any facility (other than a land
disposal or an incinerator facility) which has achieved interim status
prior to November 8, 1984, interim status terminates on November 8,
1992, unless the owner or operator of the facility submits a part B
application for a RCRA permit for the facility by November 8, 1988.
[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]
Subpart H--Remedial Action Plans (RAPs)
Source: 63 FR 65941, Nov. 30, 1998, unless otherwise noted.
Sec. 270.79 Why is this subpart written in a special format?
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.
General Information
Sec. 270.80 What is a RAP?
(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 Secs. 270.3
through 270.66, to authorize you to treat, store, or dispose of
hazardous remediation waste (as defined in Sec. 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 Sec. 270.230.
(b) The requirements in Secs. 270.3 through 270.66 do not apply to
RAPs unless those requirements for traditional RCRA permits are
specifically required under Secs. 270.80 through 270.230. The
definitions in Sec. 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.
Sec. 270.85 When do I need a RAP?
(a) Whenever you treat, store, or dispose of hazardous remediation
wastes in a manner that requires a RCRA permit under Sec. 270.1, you
must either obtain:
[[Page 342]]
(1) A RCRA permit according to Secs. 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
Sec. 270.41 or Sec. 270.42 instead of the requirements in this subpart.
When you submit an application for such a modification, however, the
information requirements in Sec. 270.42(a)(1)(i), (b)(1)(iv), and
(c)(1)(iv) do not apply; instead, you must submit the information
required under Sec. 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 Secs. 270.40 through 270.42, revoked and reissued according to the
applicable requirements in Secs. 270.41 and 270.43, terminated according
to the applicable requirements in Sec. 270.43, and expire according to
the applicable requirements in Secs. 270.50 and 270.51.
Sec. 270.90 Does my RAP grant me any rights or relieve me of any obligations?
The provisions of Sec. 270.4 apply to RAPs. (Note: The provisions of
Sec. 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
Sec. 270.4.)
Applying for a RAP
Sec. 270.95 How do I apply for a RAP?
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.
Sec. 270.100 Who must obtain a RAP?
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.
Sec. 270.105 Who must sign the application and any required reports for a RAP?
Both the owner and the operator must sign the RAP application and
any required reports according to Sec. 270.11(a), (b), and (c). In the
application, both the owner and the operator must also make the
certification required under Sec. 270.11(d)(1). However, the owner may
choose the alternative certification under Sec. 270.11(d)(2) if the
operator certifies under Sec. 270.11(d)(1).
Sec. 270.110 What must I include in my application for a RAP?
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
[[Page 343]]
(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 Sec. 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.
Sec. 270.115 What if I want to keep this information confidential?
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.
Sec. 270.120 To whom must I submit my RAP application?
You must submit your application for a RAP to the Director for
approval.
Sec. 270.125 If I submit my RAP application as part of another document, what must I do?
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.
Getting a RAP Approved
Sec. 270.130 What is the process for approving or denying my application for a RAP?
(a) If the Director tentatively finds that your RAP application
includes all of the information required by Sec. 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 Sec. 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.
Sec. 270.135 What must the Director include in a draft RAP?
If the Director prepares a draft RAP, it must include the:
(a) Information required under Sec. 270.110(a) through (f);
[[Page 344]]
(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 Sec. 270.30;
(3) Terms and conditions for modifying, revoking and reissuing, and
terminating your RAP, as provided in Sec. 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
Sec. 270.80(d)(2), the Director must clearly identify the components of
that document that constitute the draft RAP.
Sec. 270.140 What else must the Director prepare in addition to the draft RAP or notice of intent to deny?
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.
Sec. 270.145 What are the procedures for public comment on the draft RAP or notice of intent to deny?
(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
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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 intention to approve or deny your RAP
application and a request for a hearing, the Director must hold an
informal public hearing to discuss issues relating to the approval or
denial of your RAP application. The Director may also determine on his
own initiative that an informal hearing is appropriate. The hearing must
include an opportunity for any person to present written or oral
comments. Whenever possible, the Director must schedule this hearing at
a location convenient to the nearest population center to the
remediation waste management site and give notice according to the
requirements in paragraph (a) of this section. This notice must, at a
minimum, include the information required by paragraph (c) of this
section and:
(1) Reference to the date of any previous public notices relating to
the RAP application;
(2) The date, time and place of the hearing; and
(3) A brief description of the nature and purpose of the hearing,
including the applicable rules and procedures.
Sec. 270.150 How will the Director make a final decision on my RAP application?
(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 Sec. 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 Sec. 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 Sec. 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 Sec. 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 of the
final RAP.
(g) The Director must make information contained in the
administrative record available for review by the public upon request.
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Sec. 270.155 May the decision to approve or deny my RAP application be administratively appealed?
(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 Sec. 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 Sec. 124.15 of this chapter (or a decision under
Sec. 270.29 to deny a permit for the active life of a RCRA hazardous
waste management facility or unit). Instead of the notice required under
Secs. 124.19(c) and 124.10 of this chapter, the Director will give
public notice of any grant of review of RAPs by the Environmental
Appeals Board through the same means used to provide notice under
Sec. 270.145. The notice will include:
(1) The briefing schedule for the appeal as provided by the Board;
(2) A statement that any interested person may file an amicus brief
with the Board; and
(3) The information specified in Sec. 270.145(c), as appropriate.
(b) This appeal is a prerequisite to seeking judicial review of
these EPA actions.
Sec. 270.160 When does my RAP become effective?
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 Sec. 270.155
(if your RAP is appealed, and the request for review is granted under
Sec. 270.155, conditions of your RAP are stayed according to Sec. 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.
Sec. 270.165 When may I begin physical construction of new units permitted under the RAP?
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.
How May My RAP Be Modified, Revoked and Reissued, or Terminated?
Sec. 270.170 After my RAP is issued, how may it be modified, revoked and reissued, or terminated?
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
Sec. 270.85(c), then the RAP will be modified according to the
applicable requirements in Secs. 270.40 through 270.42, revoked and
reissued according to the applicable requirements in Secs. 270.41 and
270.43, or terminated according to the applicable requirements of
Sec. 270.43.
Sec. 270.175 For what reasons may the Director choose to modify my final RAP?
(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
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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
Sec. 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 Sec. 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
standards indicate that a threat to human health or the environment
exists that was unknown when the RAP was issued.
Sec. 270.180 For what reasons may the Director choose to revoke and reissue my final RAP?
(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 Sec. 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.
Sec. 270.185 For what reasons may the Director choose to terminate my final RAP, or deny my renewal application?
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 Sec. 270.175(a)(5) through (7) if the Director
determines that termination of your RAP or denial of your RAP renewal
application is appropriate.
Sec. 270.190 May the decision to approve or deny a modification, revocation and reissuance, or termination of my RAP be administratively appealed?
(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
Sec. 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
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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.
Sec. 270.195 When will my RAP expire?
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.
Sec. 270.200 How may I renew my RAP if it is expiring?
If you wish to renew your expiring RAP, you must follow the process
for application for and issuance of RAPs in this subpart.
Sec. 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?
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.
Operating Under Your RAP
Sec. 270.210 What records must I maintain concerning my RAP?
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.
Sec. 270.215 How are time periods in the requirements in this subpart and my RAP computed?
(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.)
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(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.)
Sec. 270.220 How may I transfer my RAP to a new owner or operator?
(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 Sec. 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.
Sec. 270.225 What must the State or EPA Region report about noncompliance with RAPs?
The State or EPA Region must report noncompliance with RAPs
according to the provisions of Sec. 270.5.
Obtaining a RAP for an Off-Site Location
Sec. 270.230 May I perform remediation waste management activities under a RAP at a location removed from the area where the remediation wastes originated?
(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 Secs. 124.31, 124.32, and 124.33 of this chapter;
(3) The RAP is subject to the public notice requirements in
Sec. 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 Sec. 270.14(b)(11)) (See definitions of terms in
Sec. 264.18(a) of this chapter);
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Note to paragraph (d)(4): 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
Sec. 264.101 of this chapter; and
(2) Application of Sec. 264.1(j) of this chapter in lieu of part
264, subparts B, C, and D, of this chapter.
Subpart I--Integration with Maximum Achievable Control Technology (MACT)
Standards
Sec. 270.235 Options for incinerators and cement and lightweight aggregate kilns to minimize emissions from startup, shutdown, and malfunction events.
(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, or lightweight aggregate
kiln 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 Secs. 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 Sec. 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 releases from emergency
safety vents. You must notify the Director of such changes within five
days of making such changes. You must identify in the notification
recommended revisions to permit conditions necessary as a result of the
changes to ensure that emissions of toxic compounds are minimized during
these events.
(2) The Director may revise permit conditions as a result of these
changes to ensure that emissions of toxic compounds are minimized during
startup, shutdown, or malfunction events, including releases from
emergency safety vents either:
(i) Upon permit renewal, or, if warranted;
(ii) By modifying the permit under Secs. 270.41(a) or 270.42.
(iii) Remove permit conditions. Under this option:
(A) The owner or operator must document that the startup, shutdown,
and malfunction plan required under Sec. 63.1206(c)(2) of this chapter
has been approved by the Administrator under Sec. 63.1206(c)(2)(ii)(B)
of this chapter; and
(B) The Director will remove permit conditions that are no longer
applicable according to Secs. 264.340(b) and 266.100(b) of this chapter.
(2) Addressing permit conditions upon permit reissuance. The owner
or operator of an incinerator, cement kiln, or lightweight aggregate
kiln that has
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conducted a comprehensive performance test and submitted to the
Administrator a Notification of Compliance documenting compliance with
the standards of part 63, subpart EEE, of this chapter may request in
the application to reissue the permit for the combustion unit that the
Director control emissions from startup, shutdown, and malfunction
events under any of the following options:
(i) RCRA option A. (A) Under this option, the Director will:
(1) Include, in the permit, conditions that ensure compliance with
Secs. 264.345(a) and 264.345(c) or Secs. 266.102(e)(1) and
266.102(e)(2)(iii) of this chapter to minimize emissions of toxic
compounds from startup, shutdown, and malfunction events, including
releases from emergency safety vents; and
(2) Specify that these permit requirements apply only when the
facility is operating under its startup, shutdown, and malfunction
plan.; or
(ii) RCRA option B. (A) Under this option, the Director will:
(1) Include, in the permit conditions, 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; and
(2) Specify that these permit requirements 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 releases from emergency
safety vents. You must notify the Director of such changes within five
days of making such changes. You must identify in the notification
recommended revisions to permit conditions necessary as a result of the
changes to ensure that emissions of toxic compounds are minimized during
these events.
(2) The Director may revise permit conditions as a result of these
changes to ensure that emissions of toxic compounds are minimized during
startup, shutdown, or malfunction events, including releases from
emergency safety vents either:
(i) Upon permit renewal, or, if warranted;
(ii) By modifying the permit under Secs. 270.41(a) or 270.42; or
(iii) CAA option. Under this option:
(A) The owner or operator must document that the startup, shutdown,
and malfunction plan required under Sec. 63.1206(c)(2) of this chapter
has been approved by the Administrator under Sec. 63.1206(c)(2)(ii)(B)
of this chapter; and
(B) The Director will omit from the permit conditions that are not
applicable under Secs. 264.340(b) and 266.100(b) of this chapter.
(b) Interim status facilities. (1) Interim status operations. In
compliance with Secs. 265.340 and 266.100(b), the owner or operator of
an incinerator, cement kiln, or lightweight aggregate kiln that is
operating under the interim status standards of part 265 or 266 of this
chapter may control emissions of toxic compounds during startup,
shutdown, and malfunction events under either of the following options
after conducting a comprehensive performance test and submitting to the
Administrator a Notification of Compliance documenting compliance with
the standards of part 63, subpart EEE, of this chapter:
(i) RCRA option. Under this option, the owner or operator continues
to comply with the interim status emission standards and operating
requirements of part 265 or 266 of this chapter relevant to control of
emissions from startup, shutdown, and malfunction events. Those
standards and requirements apply only during startup, shutdown, and
malfunction events; or
(ii) CAA option. Under this option, the owner or operator is exempt
from the interim status standards of part 265 or 266 of this chapter
relevant to control of emissions of toxic compounds during startup,
shutdown, and malfunction events upon submission of written notification
and documentation to the Director that the startup,
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shutdown, and malfunction plan required under Sec. 63.1206(c)(2) of this
chapter has been approved by the Administrator under
Sec. 63.1206(c)(2)(ii)(B) of this chapter.
(2) Operations under a subsequent RCRA permit. When an owner or
operator of an incinerator, cement kiln, or lightweight aggregate kiln
that is operating under the interim status standards of parts 265 or 266
of this chapter submits a RCRA permit application, the owner or operator
may request that the Director control emissions from startup, shutdown,
and malfunction events under any of the options provided by paragraphs
(a)(2)(i), (a)(2)(ii), or (a)(2)(iii) of this section.
[67 FR 6817, Feb. 13, 2002]