[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: 40CFR270.63]

[Page 324-325]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
                           AGENCY (CONTINUED)
 
PART 270--EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM--Table of Contents
 
                   Subpart F--Special Forms of Permits
 
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 
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

[[Page 325]]

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]