[Code of Federal Regulations]

[Title 40, Volume 26]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR270.10]



[Page 318-322]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 270_EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT 

PROGRAM--Table of Contents

 

                      Subpart B_Permit Application

 

Sec.  270.10  General application requirements.





    (a) Applying for a permit. Below is information on how to obtain a 

permit and where to find requirements for specific permits:

    (1) If you are covered by RCRA permits by rule (Sec.  270.60), you 

need not apply.

    (2) If you currently have interim status, you must apply for permits 

when required by the Director.

    (3) If you are required to have a permit (including new applicants 

and permittees with expiring permits), you



[[Page 319]]



must complete, sign, and submit an application to the Director, as 

described in this section and Sec. Sec.  270.70 through 270.73.

    (4) If you are seeking an emergency permit, the procedures for 

application, issuance, and administration are found exclusively in Sec.  

270.61.

    (5) If you are seeking a research, development, and demonstration 

permit, the procedures for application, issuance, and administration are 

found exclusively in Sec.  270.65.

    (6) If you are seeking a standardized permit, the procedures for 

application and issuance are found in part 124, subpart G of this 

chapter and subpart J of this part.

    (b) Who applies? When a facility or activity is owned by one person 

but is operated by another person, it is the operator's duty to obtain a 

permit, except that the owner must also sign the permit application.

    (c) Completeness. The Director shall not issue a permit before 

receiving a complete application for a permit except for permits by 

rule, or emergency permits. An application for a permit is complete when 

the Director receives an application form and any supplemental 

information which are completed to his satisfaction. An application for 

a permit is complete notwithstanding the failure of the owner or 

operator to submit the exposure information described in paragraph (j) 

of this section. The Director may deny a permit for the active life of a 

hazardous waste management facility or unit before receiving a complete 

application for a permit.

    (d) Information requirements. All applicants for RCRA permits shall 

provide information set forth in Sec.  270.13 and applicable sections in 

Sec. Sec.  270.14 through 270.29 to the Director, using the application 

form provided by the Director.

    (e) Existing HWM facilities and interim status qualifications. (1) 

Owners and operators of existing hazardous waste management facilities 

or of hazardous waste management facilities in existence on the 

effective date of statutory or regulatory amendments under the act that 

render the facility subject to the requirement to have a RCRA permit 

must submit part A of their permit application no later than:

    (i) Six months after the date of publication of regulations which 

first require them to comply with the standards set forth in 40 CFR part 

265 or 266, or

    (ii) Thirty days after the date they first become subject to the 

standards set forth in 40 CFR part 265 or 266, whichever first occurs.

    (iii) For generators generating greater than 100 kilograms but less 

than 1000 kilograms of hazardous waste in a calendar month and treats, 

stores, or disposes of these wastes on-site, by March 24, 1987.

    Note: For facilities which must comply with part 265 because they 

handle a waste listed in EPA's May 19, 1980, part 261 regulations (45 FR 

33006 et seq.), the deadline for submitting an application is November 

19, 1980. Where other existing facilities must begin in complying with 

part 265 or 266 at a later date because of revisions to part 260, 261, 

265, or 266, the Administrator will specify in the preamble to those 

revisions when those facilities must submit a permit application.

    (2) The Administrator may by publication in the Federal Register 

extend the date by which owners and operators of specified classes of 

existing hazardous waste management facilities must submit part A of 

their permit application if he finds that (i) there has been substantial 

confusion as to whether the owners and operators of such facilities were 

required to file a permit application and (ii) such confusion is 

attributed to ambiguities in EPA's parts 260, 261, 265, or 266 

regulations.

    (3) The Administrator may by compliance order issued under section 

3008 of RCRA extend the date by which the owner and operator of an 

existing hazardous waste management facility must submit part A of their 

permit application.

    (4) The owner or operator of an existing hazardous waste management 

facility may be required to submit part B of their permit application. 

The State Director may require submission of part B (or equivalent 

completion of the State RCRA application process) if the State in which 

the facility is located has received interim or final authorization; if 

not, the Regional Administrator may require submission of Part B. Any 

owner or operator shall be allowed at least six months from the



[[Page 320]]



date of request to submit part B of the application. Any owner or 

operator of an existing hazardous waste management facility may 

voluntarily submit part B of the application at any time. 

Notwithstanding the above, any owner or operator of an existing 

hazardous waste management facility must submit a part B permit 

application in accordance with the dates specified in Sec.  270.73. Any 

owner or operator of a land disposal facility in existence on the 

effective date of statutory or regulatory amendments under this Act that 

render the facility subject to the requirement to have a RCRA permit 

must submit a part B application in accordance with the dates specified 

in Sec.  270.73.

    (5) Failure to furnish a requested part B application on time, or to 

furnish in full the information required by the part B application, is 

grounds for termination of interim status under part 124.

    (f) New HWM facilities. (1) Except as provided in paragraph (f)(3) 

of this section, no person shall begin physical construction of a new 

HWM facility without having submitted parts A and B of the permit 

application and having received a finally effective RCRA permit.

    (2) An application for a permit for a new hazardous waste management 

facility (including both Parts A and B) may be filed any time after 

promulgation of those standards in part 264, subpart I et seq. 

applicable to such facility. The application shall be filed with the 

Regional Administrator if at the time of application the State in which 

the new hazardous waste management facility is proposed to be located 

has not received interim or final authorization for permitting such 

facility; otherwise it shall be filed with the State Director. Except as 

provided in paragraph (f)(3) of this section, all applications must be 

submitted at least 180 days before physical construction is expected to 

commence.

    (3) Notwithstanding paragraph (f)(1) of this section, a person may 

construct a facility for the incineration of polychlorinated biphenyls 

pursuant to an approval issued by the Administrator under section (6)(e) 

of the Toxic Substances Control Act and any person owning or operating 

such a facility may, at any time after construction or operation of such 

facility has begun, file an application for a RCRA permit to incinerate 

hazardous waste authorizing such facility to incinerate waste identified 

or listed under Subtitle C of RCRA.

    (g) Updating permit applications. (1) If any owner or operator of a 

hazardous waste management facility has filed Part A of a permit 

application and has not yet filed part B, the owner or operator shall 

file an amended part A application:

    (i) With the Regional Administrator if the facility is located in a 

State which has not obtained interim authorization or final 

authorization, within six months after the promulgation of revised 

regulations under part 261 listing or identifying additional hazardous 

wastes, if the facility is treating, storing or disposing of any of 

those newly listed or identified wastes.

    (ii) With the State Director, if the facility is located in a State 

which has obtained interim authorization or final authorization, no 

later than the effective date of regulatory provisions listing or 

designating wastes as hazardous in that State in addition to those 

listed or designated under the previously approved State program, if the 

facility is treating, storing or disposing of any of those newly listed 

or designated wastes; or

    (iii) As necessary to comply with provisions of Sec.  270.72 for 

changes during interim status or with the analogous provisions of a 

State program approved for final authorization or interim authorization. 

Revised Part A applications necessary to comply with the provisions of 

Sec.  270.72 shall be filed with the Regional Administrator if the State 

in which the facility in question is located does not have interim 

authorization or final authorization; otherwise it shall be filed with 

the State Director (if the State has an analogous provision).

    (2) The owner or operator of a facility who fails to comply with the 

updating requirements of paragraph (g)(1) of this section does not 

receive interim status as to the wastes not covered by duly filed part A 

applications.



[[Page 321]]



    (h) Reapplying for a permit. If you have an effective permit and you 

want to reapply for a new one, you have two options:

    (1) You may submit a new application at least 180 days before the 

expiration date of the effective permit, unless the Director allows a 

later date; or

    (2) If you intend to be covered by a standardized permit, you may 

submit a Notice of Intent as described in Sec.  270.51(e)(1) at least 

180 days before the expiration date of the effective permit, unless the 

Director allows a later date. The Director may not allow you to submit 

applications or Notices of Intent later than the expiration date of the 

existing permit, except as allowed by Sec.  270.51(e)(2).

    (i) Recordkeeping. Applicants shall keep records of all data used to 

complete permit applications and any supplemental information submitted 

under Sec. Sec.  270.10(d), 270.13, 270.14 through 270.21 for a period 

of at least 3 years from the date the application is signed.

    (j) Exposure information. (1) After August 8, 1985, any part B 

permit application submitted by an owner or operator of a facility that 

stores, treats, or dispose of hazardous waste in a surface impoundment 

or a landfill must be accompanied by information, reasonably 

ascertainable by the owner or operator, on the potential for the public 

to be exposed to hazardous wastes or hazardous constituents through 

releases related to the unit. At a minimum, such information must 

address:

    (i) Reasonably foreseeable potential releases from both normal 

operations and accidents at the unit, including releases associated with 

transportation to or from the unit;

    (ii) The potential pathways of human exposure to hazardous wastes or 

constituents resulting from the releases described under paragraph 

(j)(1)(i) of this section; and

    (iii) The potential magnitude and nature of the human exposure 

resulting from such releases.

    (2) By August 8, 1985, owners and operators of a landfill or a 

surface impoundment who have already submitted a part B application must 

submit the exposure information required in paragraph (j)(1) of this 

section.

    (k) The Director may require a permittee or an applicant to submit 

information in order to establish permit conditions under Sec. Sec.  

270.32(b)(2) and 270.50(d) of this chapter.

    (l) If the Director concludes, based on one or more of the factors 

listed in paragraph (l)(1) of this section that compliance with the 

standards of 40 CFR part 63, subpart EEE alone may not be protective of 

human health or the environment, the Director shall require the 

additional information or assessment(s) necessary to determine whether 

additional controls are necessary to ensure protection of human health 

and the environment. This includes information necessary to evaluate the 

potential risk to human health and/or the environment resulting from 

both direct and indirect exposure pathways. The Director may also 

require a permittee or applicant to provide information necessary to 

determine whether such an assessment(s) should be required.

    (1) The Director shall base the evaluation of whether compliance 

with the standards of 40 CFR part 63, subpart EEE alone is protective of 

human health or the environment on factors relevant to the potential 

risk from a hazardous waste combustion unit, including, as appropriate, 

any of the following factors:

    (i) Particular site-specific considerations such as proximity to 

receptors (such as schools, hospitals, nursing homes, day care centers, 

parks, community activity centers, or other potentially sensitive 

receptors), unique dispersion patterns, etc.;

    (ii) Identities and quantities of emissions of persistent, 

bioaccumulative or toxic pollutants considering enforceable controls in 

place to limit those pollutants;

    (iii) Identities and quantities of nondioxin products of incomplete 

combustion most likely to be emitted and to pose significant risk based 

on known toxicities (confirmation of which should be made through 

emissions testing);

    (iv) Identities and quantities of other off-site sources of 

pollutants in proximity of the facility that significantly influence 

interpretation of a facility-specific risk assessment;



[[Page 322]]



    (v) Presence of significant ecological considerations, such as the 

proximity of a particularly sensitive ecological area;

    (vi) Volume and types of wastes, for example wastes containing 

highly toxic constituents;

    (vii) Other on-site sources of hazardous air pollutants that 

significantly influence interpretation of the risk posed by the 

operation of the source in question;

    (viii) Adequacy of any previously conducted risk assessment, given 

any subsequent changes in conditions likely to affect risk; and

    (ix) Such other factors as may be appropriate.

    (2) [Reserved]



[48 FR 14228, Apr. 1, 1983; 48 FR 30114, June 30, 1983, as amended at 50 

FR 28751, July 15, 1985; 51 FR 10176, Mar. 24, 1986; 52 FR 45799, Dec. 

1, 1987; 54 FR 9607, Mar. 7, 1989; 60 FR 33914, June 29, 1995; 70 FR 

53474, Sept. 8, 2005; 70 FR 59576, Oct. 12, 2005]