[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: 40CFR270.41]

[Page 307-308]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
                           AGENCY (CONTINUED)
 
PART 270--EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM--Table of Contents
 
                      Subpart D--Changes to Permit
 
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 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

[[Page 308]]

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]