Section

[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: 40CFR270.42]

[Page 317-327]

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. 270.42 Permit modification at the request of the permittee.

(a) Class 1 modifications. (1) Except as provided in paragraph
(a)(2) of this section, the permittee may put into effect Class 1
modifications listed in appendix I of this section under the following
conditions:
(i) The permittee must notify the Director concerning the
modification by certified mail or other means that establish proof of
delivery within 7 calendar days after the change is put into effect.
This notice must specify the changes being made to permit conditions or
supporting documents referenced by the permit and must explain why they
are necessary. Along with the notice, the permittee must provide the
applicable information required by Sec. Sec. 270.13 through 270.21,
270.62, and 270.63.
(ii) The permittee must send a notice of the modification to all
persons on the facility mailing list, maintained by the Director in
accordance with 40 CFR 124.10(c)(viii), and the appropriate units of
State and local government, as specified in 40 CFR 124.10(c)(ix). This
notification must be made within 90 calendar days after the change is
put into effect. For the Class I modifications that require prior
Director approval, the notification must be made within 90 calendar days
after the Director approves the request.
(iii) Any person may request the Director to review, and the
Director may for cause reject, any Class 1 modification. The Director
must inform the permittee by certified mail that a Class 1 modification
has been rejected, explaining the reasons for the rejection. If a Class
1 modification has been rejected, the permittee must comply with the
original permit conditions.
(2) Class 1 permit modifications identified in appendix I by an
asterisk may be made only with the prior written approval of the
Director.
(3) For a Class 1 permit modification, the permittee may elect to
follow the procedures in Sec. 270.42(b) for Class 2 modifications
instead of the Class 1 procedures. The permittee must inform the
Director of this decision in the notice required in Sec. 270.42(b)(1).
(b) Class 2 modifications. (1) For Class 2 modifications, listed in
appendix I of this section, the permittee must submit a modification
request to the Director that:
(i) Describes the exact change to be made to the permit conditions
and supporting documents referenced by the permit;
(ii) Identifies that the modification is a Class 2 modification;
(iii) Explains why the modification is needed; and
(iv) Provides the applicable information required by Sec. Sec.
270.13 through 270.21, 270.62, and 270.63.
(2) The permittee must send a notice of the modification request to
all persons on the facility mailing list maintained by the Director and
to the appropriate units of State and local government as specified in
40 CFR 124.10(c)(ix) and must publish this notice in a major local
newspaper of general circulation. This notice must be mailed and
published within 7 days before or after the date of submission of the
modification request, and the permittee must provide to the Director
evidence of the mailing and publication. The notice must include:
(i) Announcement of a 60-day comment period, in accordance with
Sec. 270.42(b)(5), and the name and address of an Agency contact to
whom comments must be sent;
(ii) Announcement of the date, time, and place for a public meeting
held in accordance with Sec. 270.42(b)(4);
(iii) Name and telephone number of the permittee's contact person;
(iv) Name and telephone number of an Agency contact person;
(v) Location where copies of the modification request and any
supporting documents can be viewed and copied; and
(vi) The following statement: ``The permittee's compliance history
during the life of the permit being modified is available from the
Agency contact person.''

[[Page 318]]

(3) The permittee must place a copy of the permit modification
request and supporting documents in a location accessible to the public
in the vicinity of the permitted facility.
(4) The permittee must hold a public meeting no earlier than 15 days
after the publication of the notice required in paragraph (b)(2) of this
section and no later than 15 days before the close of the 60-day comment
period. The meeting must be held to the extent practicable in the
vicinity of the permitted facility.
(5) The public shall be provided 60 days to comment on the
modification request. The comment period will begin on the date the
permittee publishes the notice in the local newspaper. Comments should
be submitted to the Agency contact identified in the public notice.
(6)(i) No later than 90 days after receipt of the notification
request, the Director must:
(A) Approve the modification request, with or without changes, and
modify the permit accordingly;
(B) Deny the request;
(C) Determine that the modification request must follow the
procedures in Sec. 270.42(c) for Class 3 modifications for the
following reasons:
(1) There is significant public concern about the proposed
modification; or
(2) The complex nature of the change requires the more extensive
procedures of Class 3.
(D) Approve the request, with or without changes, as a temporary
authorization having a term of up to 180 days, or
(E) Notify the permittee that he or she will decide on the request
within the next 30 days.
(ii) If the Director notifies the permittee of a 30-day extension
for a decision, the Director must, no later than 120 days after receipt
of the modification request:
(A) Approve the modification request, with or without changes, and
modify the permit accordingly;
(B) Deny the request; or
(C) Determine that the modification request must follow the
procedures in Sec. 270.42(c) for Class 3 modifications for the
following reasons:
(1) There is significant public concern about the proposed
modification; or
(2) The complex nature of the change requires the more extensive
procedures of Class 3.
(D) Approve the request, with or without changes, as a temporary
authorization having a term of up to 180 days.
(iii) If the Director fails to make one of the decisions specified
in paragraph (b)(6)(ii) of this section by the 120th day after receipt
of the modification request, the permittee is automatically authorized
to conduct the activities described in the modification request for up
to 180 days, without formal Agency action. The authorized activities
must be conducted as described in the permit modification request and
must be in compliance with all appropriate standards of 40 CFR part 265.
If the Director approves, with or without changes, or denies the
modification request during the term of the temporary or automatic
authorization provided for in paragraphs (b)(6) (i), (ii), or (iii) of
this section, such action cancels the temporary or automatic
authorization.
(iv)(A) In the case of an automatic authorization under paragraph
(b)(6)(iii) of this section, or a temporary authorization under
paragraph (b)(6) (i)(D) or (ii)(D) of this section, if the Director has
not made a final approval or denial of the modification request by the
date 50 days prior to the end of the temporary or automatic
authorization, the permittee must within seven days of that time send a
notification to persons on the facility mailing list, and make a
reasonable effort to notify other persons who submitted written comments
on the modification request, that:
(1) The permittee has been authorized temporarily to conduct the
activities described in the permit modification request, and
(2) Unless the Director acts to give final approval or denial of the
request by the end of the authorization period, the permittee will
receive authorization to conduct such activities for the life of the
permit.
(B) If the owner/operator fails to notify the public by the date
specified in paragraph (b)(6)(iv)(A) of this section,

[[Page 319]]

the effective date of the permanent authorization will be deferred until
50 days after the owner/operator notifies the public.
(v) Except as provided in paragraph (b)(6)(vii) of this section, if
the Director does not finally approve or deny a modification request
before the end of the automatic or temporary authorization period or
reclassify the modification as a Class 3, the permittee is authorized to
conduct the activities described in the permit modification request for
the life of the permit unless modified later under Sec. 270.41 or Sec.
270.42. The activities authorized under this paragraph must be conducted
as described in the permit modification request and must be in
compliance with all appropriate standards of 40 CFR part 265.
(vi) In making a decision to approve or deny a modification request,
including a decision to issue a temporary authorization or to reclassify
a modification as a Class 3, the Director must consider all written
comments submitted to the Agency during the public comment period and
must respond in writing to all significant comments in his or her
decision.
(vii) With the written consent of the permittee, the Director may
extend indefinitely or for a specified period the time periods for final
approval or denial of a modification request or for reclassifying a
modification as a Class 3.
(7) The Director may deny or change the terms of a Class 2 permit
modification request under paragraphs (b)(6) (i) through (iii) of this
section for the following reasons:
(i) The modification request is incomplete;
(ii) The requested modification does not comply with the appropriate
requirements of 40 CFR part 264 or other applicable requirements; or
(iii) The conditions of the modification fail to protect human
health and the environment.
(8) The permittee may perform any construction associated with a
Class 2 permit modification request beginning 60 days after the
submission of the request unless the Director establishes a later date
for commencing construction and informs the permittee in writing before
day 60.
(c) Class 3 modifications. (1) For Class 3 modifications listed in
appendix I of this section, the permittee must submit a modification
request to the Director that:
(i) Describes the exact change to be made to the permit conditions
and supporting documents referenced by the permit;
(ii) Identifies that the modification is a Class 3 modification;
(iii) Explains why the modification is needed; and
(iv) Provides the applicable information required by 40 CFR 270.13
through 270.22, 270.62, 270.63, and 270.66.
(2) The permittee must send a notice of the modification request to
all persons on the facility mailing list maintained by the Director and
to the appropriate units of State and local government as specified in
40 CFR 124.10(c)(ix) and must publish this notice in a major local
newspaper of general circulation. This notice must be mailed and
published within seven days before or after the date of submission of
the modification request, and the permittee must provide to the Director
evidence of the mailing and publication. The notice must include:
(i) Announcement of a 60-day comment period, and a name and address
of an Agency contact to whom comments must be sent;
(ii) Announcement of the date, time, and place for a public meeting
on the modification request, in accordance with Sec. 270.42(c)(4);
(iii) Name and telephone number of the permittee's contact person;
(iv) Name and telephone number of an Agency contact person;
(v) Location where copies of the modification request and any
supporting documents can be viewed and copied; and
(vi) The following statement: ``The permittee's compliance history
during the life of the permit being modified is available from the
Agency contact person.''
(3) The permittee must place a copy of the permit modification
request and supporting documents in a location accessible to the public
in the vicinity of the permitted facility.
(4) The permittee must hold a public meeting no earlier than 15 days
after

[[Page 320]]

the publication of the notice required in paragraph (c)(2) of this
section and no later than 15 days before the close of the 60-day comment
period. The meeting must be held to the extent practicable in the
vicinity of the permitted facility.
(5) The public shall be provided at least 60 days to comment on the
modification request. The comment period will begin on the date the
permittee publishes the notice in the local newspaper. Comments should
be submitted to the Agency contact identified in the notice.
(6) After the conclusion of the 60-day comment period, the Director
must grant or deny the permit modification request according to the
permit modification procedures of 40 CFR part 124. In addition, the
Director must consider and respond to all significant written comments
received during the 60-day comment period.
(d) Other modifications. (1) In the case of modifications not
explicitly listed in appendix I of this section, the permittee may
submit a Class 3 modification request to the Agency, or he or she may
request a determination by the Director that the modification should be
reviewed and approved as a Class 1 or Class 2 modification. If the
permittee requests that the modification be classified as a Class 1 or 2
modification, he or she must provide the Agency with the necessary
information to support the requested classification.
(2) The Director shall make the determination described in paragraph
(d)(1) of this section as promptly as practicable. In determining the
appropriate class for a specific modification, the Director shall
consider the similarity of the modification to other modifications
codified in appendix I and the following criteria:
(i) Class 1 modifications apply to minor changes that keep the
permit current with routine changes to the facility or its operation.
These changes do no substantially alter the permit conditions or reduce
the capacity of the facility to protect human health or the environment.
In the case of Class 1 modifications, the Director may require prior
approval.
(ii) Class 2 modifications apply to changes that are necessary to
enable a permittee to respond, in a timely manner, to,
(A) Common variations in the types and quantities of the wastes
managed under the facility permit,
(B) Technological advancements, and
(C) Changes necessary to comply with new regulations, where these
changes can be implemented without substantially changing design
specifications or management practices in the permit.
(iii) Class 3 modifications substantially alter the facility or its
operation.
(e) Temporary authorizations. (1) Upon request of the permittee, the
Director may, without prior public notice and comment, grant the
permittee a temporary authorization in accordance with this subsection.
Temporary authorizations must have a term of not more than 180 days.
(2)(i) The permittee may request a temporary authorization for:
(A) Any Class 2 modification meeting the criteria in paragraph
(e)(3)(ii) of this section, and
(B) Any Class 3 modification that meets the criteria in paragraph
(3)(ii) (A) or (B) of this section; or that meets the criteria in
paragraphs (3)(ii) (C) through (E) of this section and provides improved
management or treatment of a hazardous waste already listed in the
facility permit.
(ii) The temporary authorization request must include:
(A) A description of the activities to be conducted under the
temporary authorization;
(B) An explanation of why the temporary authorization is necessary;
and
(C) Sufficient information to ensure compliance with 40 CFR part 264
standards.
(iii) The permittee must send a notice about the temporary
authorization request to all persons on the facility mailing list
maintained by the Director and to appropriate units of State and local
governments as specified in 40 CFR 124.10(c)(ix). This notification must
be made within seven days of submission of the authorization request.
(3) The Director shall approve or deny the temporary authorization
as

[[Page 321]]

quickly as practical. To issue a temporary authorization, the Director
must find:
(i) The authorized activities are in compliance with the standards
of 40 CFR part 264.
(ii) The temporary authorization is necessary to achieve one of the
following objectives before action is likely to be taken on a
modification request:
(A) To facilitate timely implementation of closure or corrective
action activities;
(B) To allow treatment or storage in tanks or containers, or in
containment buildings in accordance with 40 CFR part 268;
(C) To prevent disruption of ongoing waste management activities;
(D) To enable the permittee to respond to sudden changes in the
types or quantities of the wastes managed under the facility permit; or
(E) To facilitate other changes to protect human health and the
environment.
(4) A temporary authorization may be reissued for one additional
term of up to 180 days provided that the permittee has requested a Class
2 or 3 permit modification for the activity covered in the temporary
authorization, and:
(i) The reissued temporary authorization constitutes the Director's
decision on a Class 2 permit modification in accordance with paragraph
(b)(6)(i)(D) or (ii)(D) of this section, or
(ii) The Director determines that the reissued temporary
authorization involving a Class 3 permit modification request is
warranted to allow the authorized activities to continue while the
modification procedures of paragraph (c) of this section are conducted.
(f) Public notice and appeals of permit modification decisions. (1)
The Director shall notify persons on the facility mailing list and
appropriate units of State and local government within 10 days of any
decision under this section to grant or deny a Class 2 or 3 permit
modification request. The Director shall also notify such persons within
10 days after an automatic authorization for a Class 2 modification goes
into effect under Sec. 270.42(b)(6) (iii) or (v).
(2) The Director's decision to grant or deny a Class 2 or 3 permit
modification request under this section may be appealed under the permit
appeal procedures of 40 CFR 124.19.
(3) An automatic authorization that goes into effect under Sec.
270.42(b)(6) (iii) or (v) may be appealed under the permit appeal
procedures of 40 CFR 124.19; however, the permittee may continue to
conduct the activities pursuant to the automatic authorization until the
appeal has been granted pursuant to Sec. 124.19(c), notwithstanding the
provisions of Sec. 124.15(b).
(g) Newly regulated wastes and units. (1) The permittee is
authorized to continue to manage wastes listed or identified as
hazardous under part 261 of this chapter, or to continue to manage
hazardous waste in units newly regulated as hazardous waste management
units, if:
(i) The unit was in existence as a hazardous waste facility with
respect to the newly listed or characterized waste or newly regulated
waste management unit on the effective date of the final rule listing or
identifying the waste, or regulating the unit;
(ii) The permittee submits a Class 1 modification request on or
before the date on which the waste or unit becomes subject to the new
requirements;
(iii) The permittee is in compliance with the applicable standards
of 40 CFR parts 265 and 266 of this chapter;
(iv) The permittee also submits a complete Class 2 or 3 modification
request within 180 days of the effective date of the rule listing or
identifying the waste, or subjecting the unit to RCRA Subtitle C
management standards;
(v) In the case of land disposal units, the permittee certifies that
each such unit is in compliance with all applicable requirements of part
265 of this chapter for groundwater monitoring and financial
responsibility on the date 12 months after the effective date of the
rule identifying or listing the waste as hazardous, or regulating the
unit as a hazardous waste management unit. If the owner or operator
fails to certify compliance with all these requirements, he or she will
lose authority to operate under this section.

[[Page 322]]

(2) New wastes or units added to a facility's permit under this
subsection do not constitute expansions for the purpose of the 25
percent capacity expansion limit for Class 2 modifications.
(h) Military hazardous waste munitions treatment and disposal. The
permittee is authorized to continue to accept waste military munitions
notwithstanding any permit conditions barring the permittee from
accepting off-site wastes, if:
(1) The facility was in existence as a hazardous waste facility, and
the facility was already permitted to handle the waste military
munitions, on the date when the waste military munitions became subject
to hazardous waste regulatory requirements;
(2) On or before the date when the waste military munitions become
subject to hazardous waste regulatory requirements, the permittee
submits a Class 1 modification request to remove or amend the permit
provision restricting the receipt of off-site waste munitions; and
(3) The permittee submits a complete Class 2 modification request
within 180 days of the date when the waste military munitions became
subject to hazardous waste regulatory requirements.
(i) Permit modification list. The Director must maintain a list of
all approved permit modifications and must publish a notice once a year
in a State-wide newspaper that an updated list is available for review.
(j) Combustion facility changes to meet part 63 MACT standards. The
following procedures apply to hazardous waste combustion facility permit
modifications requested under Appendix I of this section, section L(9).
(1) Facility owners or operators must have complied with the
Notification of Intent to Comply (NIC) requirements of 40 CFR 63.1210
that were in effect prior to October 11, 2000, (See 40 CFR Part 63
Revised as of July 1, 2000) in order to request a permit modification
under this section.
(2) If the Director does not approve or deny the request within 90
days of receiving it, the request shall be deemed approved. The Director
may, at his or her discretion, extend this 90 day deadline one time for
up to 30 days by notifying the facility owner or operator.

Appendix I to Sec. 270.42--Classification of Permit Modification
------------------------------------------------------------------------
Modifications Class
------------------------------------------------------------------------
A. General Permit Provisions
1. Administrative and informational changes.................. 1
2. Correction of typographical errors........................ 1
3. Equipment replacement or upgrading with functionally 1
equivalent components (e.g., pipes, valves, pumps,
conveyors, controls)........................................
4. Changes in the frequency of or procedures for monitoring,
reporting, sampling, or maintenance activities by the
permittee:
a. To provide for more frequent monitoring, reporting, 1
sampling, or maintenance..................................
b. Other changes........................................... 2
5. Schedule of compliance:
a. Changes in interim compliance dates, with prior approval \1\ 1
of the Director...........................................
b. Extension of final compliance date...................... 3
6. Changes in expiration date of permit to allow earlier \1\ 1
permit termination, with prior approval of the Director.....
7. Changes in ownership or operational control of a facility, \1\ 1
provided the procedures of Sec. 270.40(b) are followed....
8. Changes to remove permit conditions that are no longer \1\ 1
applicable (i.e., because the standards upon which they are
based are no longer applicable to the facility).............
B. General Facility Standards
1. Changes to waste sampling or analysis methods:
a. To conform with agency guidance or regulations.......... 1
b. To incorporate changes associated with F039 (multi- 1
source leachate) sampling or analysis methods.............
c. To incorporate changes associated with underlying \1\ 1
hazardous constituents in ignitable or corrosive wastes...
d. Other changes........................................... 2
2. Changes to analytical quality assurance/control plan:
a. To conform with agency guidance or regulations.......... 1
b. Other changes........................................... 2
3. Changes in procedures for maintaining the operating record 1
4. Changes in frequency or content of inspection schedules... 2
5. Changes in the training plan:
a. That affect the type or decrease the amount of training 2
given to employees........................................
b. Other changes........................................... 1
6. Contingency plan:
a. Changes in emergency procedures (i.e., spill or release 2
response procedures)......................................
b. Replacement with functionally equivalent equipment, 1
upgrade, or relocate emergency equipment listed...........

[[Page 323]]

c. Removal of equipment from emergency equipment list...... 2
d. Changes in name, address, or phone number of 1
coordinators or other persons or agencies identified in
the plan..................................................
7. Construction quality assurance plan:
a. Changes that the CQA officer certifies in the operating 1
record will provide equivalent or better certainty that
the unit components meet the design specifications........
b. Other changes........................................... 2

Note: When a permit modification (such as introduction of a new
unit) requires a change in facility plans or other general
facility standards, that change shall be reviewed under the
same procedures as the permit modification.

C. Ground-Water Protection
1. Changes to wells:
a. Changes in the number, location, depth, or design of 2
upgradient or downgradient wells of permitted ground-water
monitoring system.........................................
b. Replacement of an existing well that has been damaged or 1
rendered inoperable, without change to location, design,
or depth of the well......................................
2. Changes in ground-water sampling or analysis procedures or \1\ 1
monitoring schedule, with prior approval of the Director....
3. Changes in statistical procedure for determining whether a \1\ 1
statistically significant change in ground-water quality
between upgradient and downgradient wells has occurred, with
prior approval of the Director..............................
4. Changes in point of compliance............................ \1\ 2
5. Changes in indicator parameters, hazardous constituents,
or concentration limits (including ACLs):
a. As specified in the groundwater protection standard..... 3
b. As specified in the detection monitoring program........ 2
6. Changes to a detection monitoring program as required by 2
Sec. 264.98(j), unless otherwise specified in this
appendix....................................................
7. Compliance monitoring program:
a. Addition of compliance monitoring program as required by 3
Sec. Sec. 264.98(h)(4) and 264.99......................
b. Changes to a compliance monitoring program as required 2
by Sec. 264.99(k), unless otherwise specified in this
appendix..................................................
8. Corrective action program:
a. Addition of a corrective action program as required by 3
Sec. Sec. 264.99(i)(2) and 264.100.....................
b. Changes to a corrective action program as required by 2
Sec. 264.100(h), unless otherwise specified in this
appendix..................................................
D. Closure
1. Changes to the closure plan:
a. Changes in estimate of maximum extent of operations or \1\ 1
maximum inventory of waste on-site at any time during the
active life of the facility, with prior approval of the
Director..................................................
b. Changes in the closure schedule for any unit, changes in \1\ 1
the final closure schedule for the facility, or extension
of the closure period, with prior approval of the Director
c. Changes in the expected year of final closure, where \1\ 1
other permit conditions are not changed, with prior
approval of the Director..................................
d. Changes in procedures for decontamination of facility \1\ 1
equipment or structures, with prior approval of the
Director..................................................
e. Changes in approved closure plan resulting from 2
unexpected events occurring during partial or final
closure, unless otherwise specified in this appendix......
f. Extension of the closure period to allow a landfill, 2
surface impoundment or land treatment unit to receive non-
hazardous wastes after final receipt of hazardous wastes
under Sec. 264.113 (d) and (e)..........................
2. Creation of a new landfill unit as part of closure........ 3
3. Addition of the following new units to be used temporarily
for closure activities:
a. Surface impoundments.................................... 3
b. Incinerators............................................ 3
c. Waste piles that do not comply with Sec. 264.250(c)... 3
d. Waste piles that comply with Sec. 264.250(c).......... 2
e. Tanks or containers (other than specified below)........ 2
f. Tanks used for neutralization, dewatering, phase \1\ 1
separation, or component separation, with prior approval
of the Director...........................................
g. Staging piles........................................... 2
E. Post-Closure
1. Changes in name, address, or phone number of contact in 1
post-closure plan...........................................
2. Extension of post-closure care period..................... 2
3. Reduction in the post-closure care period................. 3
4. Changes to the expected year of final closure, where other 1
permit conditions are not changed...........................
5. Changes in post-closure plan necessitated by events 2
occurring during the active life of the facility, including
partial and final closure...................................
F. Containers
1. Modification or addition of container units:
a. Resulting in greater than 25% increase in the facility's 3
container storage capacity, except as provided in F(1)(c)
and F(4)(a) below.........................................
b. Resulting in up to 25% increase in the facility's 2
container storage capacity, except as provided in F(1)(c)
and F(4)(a) below.........................................

[[Page 324]]

c. Or treatment processes necessary to treat wastes that \1\ 1
are restricted from land disposal to meet some or all of
the applicable treatment standards or to treat wastes to
satisfy (in whole or in part) the standard of ``use of
practically available technology that yields the greatest
environmental benefit'' contained in Sec.
268.8(a)(2)(ii), with prior approval of the Director. This
modification may also involve addition of new waste codes
or narrative descriptions of wastes. It is not applicable
to dioxin-containing wastes (F020, 021, 022, 023, 026,
027, and 028).............................................
2:
a. Modification of a container unit without increasing the 2
capacity of the unit......................................
b. Addition of a roof to a container unit without 1
alteration of the containment system......................
3. Storage of different wastes in containers, except as
provided in (F)(4) below:
a. That require additional or different management 3
practices from those authorized in the permit.............
b. That do not require additional or different management 2
practices from those authorized in the permit.............
Note: See Sec. 270.42(g) for modification procedures to be
used for the management of newly listed or identified wastes.

4. Storage of treatment of different wastes in containers:
a. That require addition of units or change in treatment 1
process or management standards, provided that the wastes
are restricted from land disposal and are to be treated to
meet some or all of the applicable treatment standards, or
that are to be treated to satisfy (in whole or in part)
the standard of ``use of practically available technology
that yields the greatest environmental benefit'' contained
in Sec. 268.8(a)(2)(ii). This modification is not
applicable to dioxin-containing wastes (F020, 021, 022,
023, 026, 027, and 028)...................................
b. That do not require the addition of units or a change in \1\ 1
the treatment process or management standards, and
provided that the units have previously received wastes of
the same type (e.g., incinerator scrubber water). This
modification is not applicable to dioxin-containing wastes
(F020, 021, 022, 023, 026, 027, and 028)..................
G. Tanks
1:
a. Modification or addition of tank units resulting in 3
greater than 25% increase in the facility's tank capacity,
except as provided in G(1)(c), G(1)(d), and G(1)(e) below.
b. Modification or addition of tank units resulting in up 2
to 25% increase in the facility's tank capacity, except as
provided in G(1)(d) and G(1)(e) below.....................
c. Addition of a new tank that will operate for more than 2
90 days using any of the following physical or chemical
treatment technologies: neutralization, dewatering, phase
separation, or component separation.......................
d. After prior approval of the Director, addition of a new \1\ 1
tank that will operate for up to 90 days using any of the
following physical or chemical treatment technologies:
neutralization, dewatering, phase separation, or component
separation................................................
e. Modification or addition of tank units or treatment \1\ 1
processes necessary to treat wastes that are restricted
from land disposal to meet some or all of the applicable
treatment standards or to treat wastes to satisfy (in
whole or in part) the standard of ``use of practically
available technology that yields the greatest
environmental benefit'' contained in Sec.
268.8(a)(2)(ii), with prior approval of the Director. This
modification may also involve addition of new waste codes.
It is not applicable to dioxin-containing wastes (F020,
021, 022, 023, 026, 027, and 028).........................
2. Modification of a tank unit or secondary containment 2
system without increasing the capacity of the unit..........
3. Replacement of a tank with a tank that meets the same 1
design standards and has a capacity within 10% of the replaced tank provided....................
--The capacity difference is no more than 1500 gallons,
--The facility's permitted tank capacity is not increased,
and
--The replacement tank meets the same conditions in the
permit.
4. Modification of a tank management practice................ 2
5. Management of different wastes in tanks:
a. That require additional or different management 3
practices, tank design, different fire protection
specifications, or significantly different tank treatment
process from that authorized in the permit, except as
provided in (G)(5)(c) below...............................
b. That do not require additional or different management 2
practices, tank design, different fire protection
specifications, or significantly different tank treatment
process than authorized in the permit, except as provided
in (G)(5)(d)..............................................
c. That require addition of units or change in treatment \1\ 1
processes or management standards, provided that the
wastes are restricted from land disposal and are to be
treated to meet some or all of the applicable treatment
standards or that are to be treated to satisfy (in whole
or in part) the standard of ``use of prac tically
available technology that yields the greatest environ
mental benefit'' contained in Sec. 268.8(a)(2)(ii). The
modification is not applicable to dioxin-containing wastes
(F020, 021, 022, 023, 026, 027, and 028)..................
d. That do not require the addition of units or a change in 1
the treatment process or management standards, and
provided that the units have previously received wastes of
the same type (e.g., incinerator scrubber water). This
modification is not applicable to dioxin-containing wastes
(F020, 021, 022, 023, 026, 027, and 028)..................
Note: See Sec. 270.42(g) for modification procedures to be
used for the management of newly lilsted or identified wastes.

H. Surface Impoundments
1. Modification or addition of surface impoundment units that 3
result in increasing the facility's surface impoundment
storage or treatment capacity...............................
2. Replacement of a surface impoundment unit................. 3
3. Modification of a surface impoundment unit without 2
increasing the facility's surface impoundment storage or
treatment capacity and without modifying the unit's liner,
leak detection system, or leachate collection system........
4. Modification of a surface impoundment management practice. 2

[[Page 325]]

5. Treatment, storage, or disposal of different wastes in
surface impoundments:
a. That require additional or different management 3
practices or different design of the liner or leak
detection system than authorized in the permit............
b. That do not require additional or different management 2
practices or different design of the liner or leak
detection system than authorized in the permit............
c. That are wastes restricted from land disposal that meet 1
the applicable treatment standards or that are treated to
satisfy the standard of ``use of practically available
technology that yields the greatest environmental
benefit'' contained in Sec. 269.8(a)(2)(ii), and
provided that the unit meets the minimum technological
requirements stated in Sec. 268.5(h)(2). This
modification is not applicable to dioxin-containing wastes
(F020, 021, 022, 023, 026, 027, and 028)..................
d. That are residues from wastewater treatment or 1
incineration, provided that disposal occurs in a unit that
meets the minimum techno logical requirements stated in
Sec. 268.5(h)(2), and provided further that the surface
impoundment has previously received wastes of the same
type (for example, incinerator scrubber water). This
modification is not applicable to dioxin-containing wastes
(F020, 021, 022, 023, 026, 027, and 028)..................
6. Modifications of unconstructed units to comply with Sec. *1
Sec. 264.221(c), 264.222, 264.223, and 264.226(d).........
7. Changes in response action plan:
a. Increase in action leakage rate......................... 3
b. Change in a specific response reducing its frequency or 3
effectiveness.............................................
c. Other changes........................................... 2

Note: See Sec. 270.42(g) for modification procedures to be
used for the management of newly listed or identified wastes

I. Enclosed Waste Piles. For all waste piles except those
complying with Sec. 264.250(c), modifications are treated
the same as for a landfill. The following modifications are
applicable only to waste piles complying with Sec.
264.250(c).
1. Modification or addition of waste pile units:
a. Resulting in greater than 25% increase in the facility's 3
waste pile storage or treatment capacity..................
b. Resulting in up to 25% increase in the facility's waste 2
pile storage or treatment capacity........................
2. Modification of waste pile unit without increasing the 2
capacity of the unit........................................
3. Replacement of a waste pile unit with another waste pile 1
unit of the same design and capacity and meeting all waste
pile conditions in the permit...............................
4. Modification of a waste pile management practice.......... 2
5. Storage or treatment of different wastes in waste piles:
a. That require additional or different management 3
practices or different design of the unit.................
b. That do not require additional or different management 2
practices or different design of the unit.................
6. Conversion of an enclosed waste pile to a containment 2
building unit...............................................

Note: See Sec. 270.42(g) for modification procedures to be
used for the management of newly listed or identified wastes.

J. Landfills and Unenclosed Waste Piles
1. Modification or addition of landfill units that result in 3
increasing the facility's disposal capacity.................
2. Replacement of a landfill................................. 3
3. Addition or modification of a liner, leachate collection 3
system, leachate detection system, run-off control, or final
cover system................................................
4. Modification of a landfill unit without changing a liner, 2
leachate collection system, leachate detection system, run-
off control, or final cover system..........................
5. Modification of a landfill management practice............ 2
6. Landfill different wastes:
a. That require additional or different management 3
practices, different design of the liner, leachate
collection system, or leachate detection system...........
b. That do not require additional or different management 2
practices, different design of the liner, leachate
collection system, or leachate detection system...........
c. That are wastes restricted from land disposal that meet 1
the applicable treatment standards or that are treated to
satisfy the standard of ``use of practically available
technology that yields the greatest environmental
benefit'' contained in Sec. 268.8(a)(2)(ii), and
provided that the landfill unit meets the minimum
technological requirements stated in Sec. 268.5(h)(2).
This modification is not applicable to dioxin-containing
wastes (F020, 021, 022, 023, 026, 027, and 028)...........
d. That are residues from wastewater treatment or 1
incineration, provided that disposal occurs in a landfill
unit that meets the minimum technological requirements
stated in Sec. 268.5(h)(2), and provided further that the
landfill has previously received wastes of the same type
(for example, incinerator ash). This modification is not
applicable to dioxin-containing wastes (F020, 021, 022,
023, 026, 027, and 028)...................................
7. Modifications of unconstructed units to comply with Sec. *1
Sec. 264.251(c), 264.252, 264.253, 264.254(c), 264.301(c),
264.302, 264.303(c), and 264.304............................
8. Changes in response action plan:
a. Increase in action leakage rate......................... 3
b. Change in a specific response reducing its frequency or 3
effectiveness.............................................
c. Other changes........................................... 2

Note: See Sec. 270.42(g) for modification procedures to be
used for the management of newly listed or identified wastes.

K. Land Treatment
1. Lateral expansion of or other modification of a land 3
treatment unit to increase areal extent.....................
2. Modification of run-on control system..................... 2
3. Modify run-off control system............................. 3
4. Other modifications of land treatment unit component 2
specifications or standards required in permit..............
5. Management of different wastes in land treatment units:
a. That require a change in permit operating conditions or 3
unit design specifications................................

[[Page 326]]

b. That do not require a change in permit operating 2
conditions or unit design specifications..................

Note: See Sec. 270.42(g) for modification procedures to be
used for the management of newly listed or identified wastes
6. Modification of a land treatment unit management practice
to:
a. Increase rate or change method of waste application..... 3
b. Decrease rate of waste application...................... 1
7. Modification of a land treatment unit management practice 2
to change measures of pH or moisture content, or to enhance
microbial or chemical reactions.............................
8. Modification of a land treatment unit management practice 3
to grow food chain crops, to add to or replace existing
permitted crops with different food chain crops, or to
modify operating plans for distribution of animal feeds
resulting from such crops...................................
9. Modification of operating practice due to detection of 3
releases from the land treatment unit pursuant to Sec.
264.278(g)(2)...............................................
10. Changes in the unsaturated zone monitoring system, 3
resulting in a change to the location, depth, number of
sampling points, or replace unsaturated zone monitoring
devices or components of devices with devices or components
that have specifications different from permit requirements.
11. Changes in the unsaturated zone monitoring system that do 2
not result in a change to the location, depth, number of
sampling points, or that replace unsaturated zone monitoring
devices or components of devices with devices or components
having specifications different from permit requirements....
12. Changes in background values for hazardous constituents 2
in soil and soil-pore liquid................................
13. Changes in sampling, analysis, or statistical procedure.. 2
14. Changes in land treatment demonstration program prior to 2
or during the demonstration.................................
15. Changes in any condition specified in the permit for a \1\ 1
land treatment unit to reflect results of the land treatment
demonstration, provided performance standards are met, and
the Director's prior approval has been received.............
16. Changes to allow a second land treatment demonstration to \1\ 1
be conducted when the results of the first demonstration
have not shown the conditions under which the wastes can be
treated completely, provided the conditions for the second
demonstration are substantially the same as the conditions
for the first demonstration and have received the prior
approval of the Director....................................
17. Changes to allow a second land treatment demonstration to 3
be conducted when the results of the first demonstration
have not shown the conditions under which the wastes can be
treated completely, where the conditions for the second
demonstration are not substantially the same as the
conditions for the first demonstration......................
18. Changes in vegetative cover requirements for closure..... 2
L. Incinerators, Boilers, and Industrial Furnaces:
1. Changes to increase by more than 25% any of the following 3
limits authorized in the permit: A thermal feed rate limit,
a feedstream feed rate limit, a chlorine/chloride feed rate
limit, a metal feed rate limit, or an ash feed rate limit.
The Director will require a new trial burn to substantiate
compliance with the regulatory performance standards unless
this demonstration can be made through other means..........
2. Changes to increase by up to 25% any of the following 2
limits authorized in the permit: A thermal feed rate limit,
a feedstream feed rate limit, a chlorine/chloride feed rate
limit, a metal feed rate limit, or an ash feed rate limit.
The Director will require a new trial burn to substantiate
compliance with the regulatory performance standards unless
this demonstration can be made through other means..........
3. Modification of an incinerator, boiler, or industrial 3
furnace unit by changing the internal size or geometry of
the primary or secondary combustion units, by adding a
primary or secondary combustion unit, by substantially
changing the design of any component used to remove HCl/Cl2,
metals, or particulate from the combustion gases, or by
changing other features of the incinerator, boiler, or
industrial furnace that could affect its capability to meet
the regulatory performance standards. The Director will
require a new trial burn to substantiate compliance with the
regulatory performance standards unless this demonstration
can be made through other means.............................
4. Modification of an incinerator, boiler, or industrial 2
furnace unit in a manner that would not likely affect the
capability of the unit to meet the regulatory performance
standards but which would change the operating conditions or
monitoring requirements specified in the permit. The
Director may require a new trial burn to demonstrate
compliance with the regulatory performance standards........
5. Operating requirements:...................................
a. Modification of the limits specified in the permit for 3
minimum or maximum combustion gas temperature, minimum
combustion gas residence time, oxygen concentration in the
secondary combustion chamber, flue gas carbon monoxide and
hydrocarbon concentration, maximum temperature at the
inlet to the particulate matter emission control system,
or operating parameters for the air pollution control
system. The Director will require a new trial burn to
substantiate compliance with the regulatory performance
standards unless this demonstration can be made through
other means...............................................
b. Modification of any stack gas emission limits specified 3
in the permit, or modification of any conditions in the
permit concerning emergency shutdown or automatic waste
feed cutoff procedures or controls........................
c. Modification of any other operating condition or any 2
inspection or recordkeeping requirement specified in the
permit....................................................
6. Burning different wastes:.................................
a. If the waste contains a POHC that is more difficult to 3
burn than authorized by the permit or if burning of the
waste requires compliance with different regulatory
performance standards than specified in the permit. The
Director will require a new trial burn to substantiate
compliance with the regulatory performance standards
unless this demonstration can be made through other means.
b. If the waste does not contain a POHC that is more 2
difficult to burn than authorized by the permit and if
burning of the waste does not require compliance with
different regulatory performance standards than specified
in the permit.............................................

[[Page 327]]

Note: See Sec. 270.42(g) for modification procedures to be
used for the management of newly listed or identified wastes

7. Shakedown and trial burn:
a. Modification of the trial burn plan or any of the permit 2
conditions applicable during the shakedown period for
determining operational readiness after construction, the
trial burn period, or the period immediately following the
trial burn................................................
b. Authorization of up to an additional 720 hours of waste \1\1
burning during the shakedown period for determining
operational readiness after construction, with the prior
approval of the Director..................................
c. Changes in the operating requirements set in the permit \1\1
for conducting a trial burn, provided the change is minor
and has received the prior approval of the Director.......
d. Changes in the ranges of the operating requirements set \1\1
in the permit to reflect the results of the trial burn,
provided the change is minor and has received the prior
approval of the Director..................................
8. Substitution of an alternative type of nonhazardous waste 1
fuel that is not specified in the permit....................
9. Technology Changes Needed to meet Standards under 40 CFR \1\ 1
part 63 (Subpart EEE--National Emission Standards for
Hazardous Air Pollutants From Hazardous Waste Combustors),
provided the procedures of Sec. 270.42(j) are followed.
M. Containment Buildings.
1. Modification or addition of containment building units:
a. Resulting in greater than 25% increase in the facility's 3
containment building storage or treatment capacity..........
b. Resulting in up to 25% increase in the facility's 2
containment building storage or treatment capacity..........
2. Modification of a containment building unit or secondary 2
containment system without increasing the capacity of the unit
3. Replacement of a containment building with a containment
building that meets the same design standards provided:
a. The unit capacity is not increased........................ 1
b. The replacement containment building meets the same 1
conditions in the permit....................................
4. Modification of a containment building management practice.. 2
5. Storage or treatment of different wastes in containment
buildings:
a. That require additional or different management practices. 3
b. That do not require additional or different management 2
practices...................................................
N. Corrective Action:
1. Approval of a corrective action management unit pursuant 3
to Sec. 264.552...........................................
2. Approval of a temporary unit or time extension for a 2
temporary unit pursuant to Sec. 264.553...................
3. Approval of a staging pile or staging pile operating term 2
extension pursuant to Sec. 264.554........................
------------------------------------------------------------------------
\1\ Class 1 modifications requiring prior Agency approval.

[53 FR 37936, Sept. 28, 1988]

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