[Code of Federal Regulations]
[Title 40, Volume 24]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR270.10]

[Page 277-280]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
                           AGENCY (CONTINUED)
 
PART 270--EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM--Table of Contents
 
                      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

[[Page 278]]

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.
    (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

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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 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.

[[Page 280]]

    (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]