[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: 40CFR270.70]

[Page 330]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
                           AGENCY (CONTINUED)
 
PART 270--EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM--Table of Contents
 
                        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 
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]