[Code of Federal Regulations]
[Title 40, Volume 18]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR124.33]

[Page 275-276]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 124--PROCEDURES FOR DECISIONMAKING--Table of Contents
 
        Subpart B--Specific Procedures Applicable to RCRA Permits
 
Sec. 124.33  Information repository.

    (a) Applicability. The requirements of this section apply to all 
applications seeking RCRA permits for hazardous waste management units 
over which EPA has permit issuance authority. For the purposes of this 
section only, ``hazardous waste management units over which EPA has 
permit issuance authority'' refers to hazardous waste management units 
for which the State where the units are located has not been authorized 
to issue RCRA permits pursuant to 40 CFR part 271.
    (b) The Director may assess the need, on a case-by-case basis, for 
an information repository. When assessing the need for an information 
repository, the Director shall consider a variety of factors, including: 
the level of public interest; the type of facility; the presence of an 
existing repository; and the proximity to the nearest copy of the 
administrative record. If the Director determines, at any time after 
submittal of a permit application, that there is a need for a 
repository, then the Director shall notify the facility that it must 
establish and maintain an information repository. (See 40 CFR 270.30(m) 
for similar provisions relating to the information repository during the 
life of a permit).
    (c) The information repository shall contain all documents, reports, 
data, and information deemed necessary by the Director to fulfill the 
purposes for which the repository is established. The Director shall 
have the discretion to limit the contents of the repository.
    (d) The information repository shall be located and maintained at a 
site chosen by the facility. If the Director finds the site unsuitable 
for the purposes and persons for which it was established, due to 
problems with the location, hours of availability, access, or other 
relevant considerations, then the Director shall specify a more 
appropriate site.

[[Page 276]]

    (e) The Director shall specify requirements for informing the public 
about the information repository. At a minimum, the Director shall 
require the facility to provide a written notice about the information 
repository to all individuals on the facility mailing list.
    (f) The facility owner/operator shall be responsible for maintaining 
and updating the repository with appropriate information throughout a 
time period specified by the Director. The Director may close the 
repository at his or her discretion, based on the factors in paragraph 
(b) of this section.