[Code of Federal Regulations]
[Title 40, Volume 26]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR270.14]

[Page 290-295]
 
                   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. 270.14  Contents of part B: General requirements.

    (a) Part B of the permit application consists of the general 
information requirements of this section, and the specific information 
requirements in Sec. Sec. 270.14 through 270.29 applicable to the 
facility. The part B information requirements presented in Sec. Sec. 
270.14 through 270.29 reflect the standards promulgated in 40 CFR part 
264. These information requirements are necessary in order for EPA to 
determine compliance with the part 264 standards. If owners and 
operators of HWM facilities can demonstrate that the information 
prescribed in part B can not be provided to the extent required, the 
Director may make allowance for submission of such information on a 
case-by-case basis. Information required in part B shall be submitted to 
the Director and signed in accordance with requirements in Sec. 270.11. 
Certain technical data, such as design drawings and specifications, and 
engineering studies shall be certified by a registered professional 
engineer. For post-closure permits, only the information specified in 
Sec. 270.28 is required in part B of the permit application.
    (b) General information requirements. The following information is 
required for all HWM facilities, except as Sec. 264.1 provides 
otherwise:
    (1) A general description of the facility.
    (2) Chemical and physical analyses of the hazardous waste and 
hazardous debris to be handled at the facility. At a minimum, these 
analyses shall contain all the information which must be known to treat, 
store, or dispose of the wastes properly in accordance with part 264 of 
this chapter.
    (3) A copy of the waste analysis plan required by Sec. 264.13(b) 
and, if applicable Sec. 264.13(c).
    (4) A description of the security procedures and equipment required 
by Sec. 264.14, or a justification demonstrating the reasons for 
requesting a waiver of this requirement.
    (5) A copy of the general inspection schedule required by Sec. 
264.15(b) of this part. Include where applicable, as part of the 
inspection schedule, specific requirements in Sec. Sec. 264.174, 
264.193(i), 264.195, 264.226, 264.254, 264.273, 264.303,

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264.602, 264.1033, 264.1052, 264.1053, 264.1058, 264.1084, 264.1085, 
264.1086, and 264.1088 of this part.
    (6) A justification of any request for a waiver(s) of the 
preparedness and prevention requirements of part 264, subpart C.
    (7) A copy of the contingency plan required by part 264, subpart D. 
Note: Include, where applicable, as part of the contingency plan, 
specific requirements in Sec. Sec. 264.227, 264.255, and 264.200.
    (8) A description of procedures, structures, or equipment used at 
the facility to:
    (i) Prevent hazards in unloading operations (for example, ramps, 
special forklifts);
    (ii) Prevent runoff from hazardous waste handling areas to other 
areas of the facility or environment, or to prevent flooding (for 
example, berms, dikes, trenches);
    (iii) Prevent contamination of water supplies;
    (iv) Mitigate effects of equipment failure and power outages;
    (v) Prevent undue exposure of personnel to hazardous waste (for 
example, protective clothing); and
    (vi) Prevent releases to atmosphere.
    (9) A description of precautions to prevent accidental ignition or 
reaction of ignitable, reactive, or incompatible wastes as required to 
demonstrate compliance with Sec. 264.17 including documentation 
demonstrating compliance with Sec. 264.17(c).
    (10) Traffic pattern, estimated volume (number, types of vehicles) 
and control (for example, show turns across traffic lanes, and stacking 
lanes (if appropriate); describe access road surfacing and load bearing 
capacity; show traffic control signals).
    (11) Facility location information;
    (i) In order to determine the applicability of the seismic standard 
[Sec. 264.18(a)] the owner or operator of a new facility must identify 
the political jurisdiction (e.g., county, township, or election 
district) in which the facility is proposed to be located.

[Comment: If the county or election district is not listed in appendix 
VI of part 264, no further information is required to demonstrate 
compliance with Sec. 264.18(a).]

    (ii) If the facility is proposed to be located in an area listed in 
appendix VI of part 264, the owner or operator shall demonstrate 
compliance with the seismic standard. This demonstration may be made 
using either published geologic data or data obtained from field 
investigations carried out by the applicant. The information provided 
must be of such quality to be acceptable to geologists experienced in 
identifying and evaluating seismic activity. The information submitted 
must show that either:
    (A) No faults which have had displacement in Holocene time are 
present, or no lineations which suggest the presence of a fault (which 
have displacement in Holocene time) within 3,000 feet of a facility are 
present, based on data from:
    (1) Published geologic studies,
    (2) Aerial reconnaissance of the area within a five-mile radius from 
the facility.
    (3) An analysis of aerial photographs covering a 3,000 foot radius 
of the facility, and
    (4) If needed to clarify the above data, a reconnaissance based on 
walking portions of the area within 3,000 feet of the facility, or
    (B) If faults (to include lineations) which have had displacement in 
Holocene time are present within 3,000 feet of a facility, no faults 
pass with 200 feet of the portions of the facility where treatment, 
storage, or disposal of hazardous waste will be conducted, based on data 
from a comprehensive geologic analysis of the site. Unless a site 
analysis is otherwise conclusive concerning the absence of faults within 
200 feet of such portions of the facility data shall be obtained from a 
subsurface exploration (trenching) of the area within a distance no less 
than 200 feet from portions of the facility where treatment, storage, or 
disposal of hazardous waste will be conducted. Such trenching shall be 
performed in a direction that is perpendicular to known faults (which 
have had displacement in Holocene time) passing within 3,000 feet of the 
portions of the facility where treatment, storage, or disposal of 
hazardous waste will be conducted. Such investigation shall document 
with supporting maps and other analyses, the location of faults found.


[[Page 292]]


[Comment: The Guidance Manual for the Location Standards provides 
greater detail on the content of each type of seismic investigation and 
the appropriate conditions under which each approach or a combination of 
approaches would be used.]

    (iii) Owners and operators of all facilities shall provide an 
identification of whether the facility is located within a 100-year 
floodplain. This identification must indicate the source of data for 
such determination and include a copy of the relevant Federal Insurance 
Administration (FIA) flood map, if used, or the calculations and maps 
used where an FIA map is not available. Information shall also be 
provided identifying the 100-year flood level and any other special 
flooding factors (e.g., wave action) which must be considered in 
designing, constructing, operating, or maintaining the facility to 
withstand washout from a 100-year flood.

[Comment: Where maps for the National Flood Insurance Program produced 
by the Federal Insurance Administration (FIA) of the Federal Emergency 
Management Agency are available, they will normally be determinative of 
whether a facility is located within or outside of the 100-year 
floodplain. However, where the FIA map excludes an area (usually areas 
of the floodplain less than 200 feet in width), these areas must be 
considered and a determination made as to whether they are in the 100-
year floodplain. Where FIA maps are not available for a proposed 
facility location, the owner or operator must use equivalent mapping 
techniques to determine whether the facility is within the 100-year 
floodplain, and if so located, what the 100-year flood elevation would 
be.]

    (iv) Owners and operators of facilities located in the 100-year 
floodplain must provide the following information:
    (A) Engineering analysis to indicate the various hydrodynamic and 
hydrostatic forces expected to result at the site as consequence of a 
100-year flood.
    (B) Structural or other engineering studies showing the design of 
operational units (e.g., tanks, incinerators) and flood protection 
devices (e.g., floodwalls, dikes) at the facility and how these will 
prevent washout.
    (C) If applicable, and in lieu of paragraphs (b)(11)(iv) (A) and (B) 
of this section, a detailed description of procedures to be followed to 
remove hazardous waste to safety before the facility is flooded, 
including:
    (1) Timing of such movement relative to flood levels, including 
estimated time to move the waste, to show that such movement can be 
completed before floodwaters reach the facility.
    (2) A description of the location(s) to which the waste will be 
moved and demonstration that those facilities will be eligible to 
receive hazardous waste in accordance with the regulations under parts 
270, 271, 124, and 264 through 266 of this chapter.
    (3) The planned procedures, equipment, and personnel to be used and 
the means to ensure that such resources will be available in time for 
use.
    (4) The potential for accidental discharges of the waste during 
movement.
    (v) Existing facilities NOT in compliance with Sec. 264.18(b) shall 
provide a plan showing how the facility will be brought into compliance 
and a schedule for compliance.
    (12) An outline of both the introductory and continuing training 
programs by owners or operators to prepare persons to operate or 
maintain the HWM facility in a safe manner as required to demonstrate 
compliance with Sec. 264.16. A brief description of how training will 
be designed to meet actual job tasks in accordance with requirements in 
Sec. 264.16(a)(3).
    (13) A copy of the closure plan and, where applicable, the post-
closure plan required by Sec. Sec. 264.112, 264.118, and 264.197. 
Include, where applicable, as part of the plans, specific requirements 
in Sec. Sec. 264.178, 264.197, 264.228, 264.258, 264.280, 264.310, 
264.351, 264.601, and 264.603.
    (14) For hazardous waste disposal units that have been closed, 
documentation that notices required under Sec. 264.119 have been filed.
    (15) The most recent closure cost estimate for the facility prepared 
in accordance with Sec. 264.142 and a copy of the documentation 
required to demonstrate financial assurance under Sec. 264.143. For a 
new facility, a copy of the required documentation may be submitted 60 
days prior to the initial receipt of hazardous wastes, if that is later 
than the submission of the part B.

[[Page 293]]

    (16) Where applicable, the most recent post-closure cost estimate 
for the facility prepared in accordance with Sec. 264.144 plus a copy 
of the documentation required to demonstrate financial assurance under 
Sec. 264.145. For a new facility, a copy of the required documentation 
may be submitted 60 days prior to the initial receipt of hazardous 
wastes, if that is later than the submission of the part B.
    (17) Where applicable, a copy of the insurance policy or other 
documentation which comprises compliance with the requirements of Sec. 
264.147. For a new facility, documentation showing the amount of 
insurance meeting the specification of Sec. 264.147(a) and, if 
applicable, Sec. 264.147(b), that the owner or operator plans to have 
in effect before initial receipt of hazardous waste for treatment, 
storage, or disposal. A request for a variance in the amount of required 
coverage, for a new or existing facility, may be submitted as specified 
in Sec. 264.147(c).
    (18) Where appropriate, proof of coverage by a State financial 
mechanism in compliance with Sec. 264.149 or Sec. 264.150.
    (19) A topographic map showing a distance of 1,000 feet around the 
facility at a scale of 2.5 centimeters (1 inch) equal to not more than 
61.0 meters (200 feet). Contours must be shown on the map. The contour 
interval must be sufficient to clearly show the pattern of surface water 
flow in the vicinity of and from each operational unit of the facility. 
For example, contours with an interval of 1.5 meters (5 feet), if relief 
is greater than 6.1 meters (20 feet), or an interval of 0.6 meters (2 
feet), if relief is less than 6.1 meters (20 feet). Owners and operators 
of HWM facilities located in mountainous areas should use large contour 
intervals to adequately show topographic profiles of facilities. The map 
shall clearly show the following:
    (i) Map scale and date.
    (ii) 100-year floodplain area.
    (iii) Surface waters including intermittant streams.
    (iv) Surrounding land uses (residential, commercial, agricultural, 
recreational).
    (v) A wind rose (i.e., prevailing wind-speed and direction).
    (vi) Orientation of the map (north arrow).
    (vii) Legal boundaries of the HWM facility site.
    (viii) Access control (fences, gates).
    (ix) Injection and withdrawal wells both on-site and off-site.
    (x) Buildings; treatment, storage, or disposal operations; or other 
structure (recreation areas, runoff control systems, access and internal 
roads, storm, sanitary, and process sewerage systems, loading and 
unloading areas, fire control facilities, etc.)
    (xi) Barriers for drainage or flood control.
    (xii) Location of operational units within the HWM facility site, 
where hazardous waste is (or will be) treated, stored, or disposed 
(include equipment cleanup areas).
    Note: For large HWM facilities the Agency will allow the use of 
other scales on a case-by-case basis.

    (20) Applicants may be required to submit such information as may be 
necessary to enable the Regional Administrator to carry out his duties 
under other Federal laws as required in Sec. 270.3 of this part.
    (21) For land disposal facilities, if a case-by-case extension has 
been approved under Sec. 268.5 or a petition has been approved uner 
Sec. 268.6, a copy of the notice of approval for the extension or 
petition is required.
    (22) A summary of the pre-application meeting, along with a list of 
attendees and their addresses, and copies of any written comments or 
materials submitted at the meeting, as required under Sec. 124.31(c).
    (c) Additional information requirements. The following additional 
information regarding protection of groundwater is required from owners 
or operators of hazardous waste facilities containing a regulated unit 
except as provided in Sec. 264.90(b) of this chapter:
    (1) A summary of the ground-water monitoring data obtained during 
the interim status period under Sec. Sec. 265.90 through 265.94, where 
applicable.
    (2) Identification of the uppermost aquifer and aquifers 
hydraulically interconnected beneath the facility property, including 
ground-water flow direction and rate, and the basis for

[[Page 294]]

such identification (i.e., the information obtained from hydrogeologic 
investigations of the facility area).
    (3) On the topographic map required under paragraph (b)(19) of this 
section, a delineation of the waste management area, the property 
boundary, the proposed ``point of compliance'' as defined under Sec. 
264.95, the proposed location of ground-water monitoring wells as 
required under Sec. 264.97, and, to the extent possible, the 
information required in paragraph (c)(2) of this section.
    (4) A description of any plume of contamination that has entered the 
ground water from a regulated unit at the time that the application was 
submitted that:
    (i) Delineates the extent of the plume on the topographic map 
required under paragraph (b)(19) of this section;
    (ii) Identifies the concentration of each appendix IX, of part 264 
of this chapter, constituent throughout the plume or identifies the 
maximum concentrations of each appendix IX constituent in the plume.
    (5) Detailed plans and an engineering report describing the proposed 
ground water monitoring program to be implemented to meet the 
requirements of Sec. 264.97.
    (6) If the presence of hazardous constituents has not been detected 
in the ground water at the time of permit application, the owner or 
operator must submit sufficient information, supporting data, and 
analyses to establish a detection monitoring program which meets the 
requirements of Sec. 264.98. This submission must address the following 
items specified under Sec. 264.98:
    (i) A proposed list of indicator parameters, waste constituents, or 
reaction products that can provide a reliable indication of the presence 
of hazardous constituents in the ground water;
    (ii) A proposed ground-water monitoring system;
    (iii) Background values for each proposed monitoring parameter or 
constituent, or procedures to calculate such values; and
    (iv) A description of proposed sampling, analysis and statistical 
comparison procedures to be utilized in evaluating ground-water 
monitoring data.
    (7) If the presence of hazardous constituents has been detected in 
the ground water at the point of compliance at the time of the permit 
application, the owner or operator must submit sufficient information, 
supporting data, and analyses to establish a compliance monitoring 
program which meets the requirements of Sec. 264.99. Except as provided 
in Sec. 264.98(h)(5), the owner or operator must also submit an 
engineering feasibility plan for a corrective action program necessary 
to meet the requirements of Sec. 264.100, unless the owner or operator 
obtains written authorization in advance from the Regional Administrator 
to submit a proposed permit schedule for submittal of such a plan. To 
demonstrate compliance with Sec. 264.99, the owner or operator must 
address the following items:
    (i) A description of the wastes previously handled at the facility;
    (ii) A characterization of the contaminated ground water, including 
concentrations of hazardous constituents;
    (iii) A list of hazardous constituents for which compliance 
monitoring will be undertaken in accordance with Sec. Sec. 264.97 and 
264.99;
    (iv) Proposed concentration limits for each hazardous constituent, 
based on the criteria set forth in Sec. 264.94(a), including a 
justification for establishing any alternate concentration limits;
    (v) Detailed plans and an engineering report describing the proposed 
ground-water monitoring system, in accordance with the requirements of 
Sec. 264.97; and
    (vi) A description of proposed sampling, analysis and statistical 
comparison procedures to be utilized in evaluating ground-water 
monitoring data.
    (8) If hazardous constituents have been measured in the ground water 
which exceed the concentration limits established under Sec. 264.94 
Table 1, or if ground water monitoring conducted at the time of permit 
application under Sec. Sec. 265.90 through 265.94 at the waste boundary 
indicates the presence of hazardous constituents from the facility in 
ground water over background concentrations, the owner or operator must 
submit sufficient information,

[[Page 295]]

supporting data, and analyses to establish a corrective action program 
which meets the requirements of Sec. 264.100. However, an owner or 
operator is not required to submit information to establish a corrective 
action program if he demonstrates to the Regional Administrator that 
alternate concentration limits will protect human health and the 
environment after considering the criteria listed in Sec. 264.94(b). An 
owner or operator who is not required to establish a corrective action 
program for this reason must instead submit sufficient information to 
establish a compliance monitoring program which meets the requirements 
of Sec. 264.99 and paragraph (c)(6) of this section. To demonstrate 
compliance with Sec. 264.100, the owner or operator must address, at a 
minimum, the following items:
    (i) A characterization of the contaminated ground water, including 
concentrations of hazardous constituents;
    (ii) The concentration limit for each hazardous constituent found in 
the ground water as set forth in Sec. 264.94;
    (iii) Detailed plans and an engineering report describing the 
corrective action to be taken; and
    (iv) A description of how the ground-water monitoring program will 
demonstrate the adequacy of the corrective action.
    (v) The permit may contain a schedule for submittal of the 
information required in paragraphs (c)(8) (iii) and (iv) provided the 
owner or operator obtains written authorization from the Regional 
Administrator prior to submittal of the complete permit application.
    (d) Information requirements for solid waste management units. (1) 
The following information is required for each solid waste management 
unit at a facility seeking a permit:
    (i) The location of the unit on the topographic map required under 
paragraph (b)(19) of this section.
    (ii) Designation of type of unit.
    (iii) General dimensions and structural description (supply any 
available drawings).
    (iv) When the unit was operated.
    (v) Specification of all wastes that have been managed at the unit, 
to the extent available.
    (2) The owner or operator of any facility containing one or more 
solid waste management units must submit all available information 
pertaining to any release of hazardous wastes or hazardous constituents 
from such unit or units.
    (3) The owner/operator must conduct and provide the results of 
sampling and analysis of groundwater, landsurface, and subsurface 
strata, surface water, or air, which may include the installation of 
wells, where the Director ascertains it is necessary to complete a RCRA 
Facility Assessment that will determine if a more complete investigation 
is necessary.

[48 FR 14228, Apr. 1, 1983; 48 FR 30114, June 30, 1983]

    Editorial Note: For Federal Register citations affecting Sec. 
270.14, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.