[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: 40CFR270.32]



[Page 347-348]

 

                   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 C_Permit Conditions

 

Sec.  270.32  Establishing permit conditions.



    (a) In addition to conditions required in all permits (Sec.  

270.30), the Director shall establish conditions, as required on a case-

by-case basis, in permits under Sec. Sec.  270.50 (duration of permits), 

270.33(a) (schedules of compliance), 270.31 (monitoring), and for EPA 

issued permits only, 270.33(b) (alternate schedules of compliance) and 

270.3 (considerations under Federal law).

    (b)(1) Each RCRA permit shall include permit conditions necessary to 

achieve compliance with the Act and regulations, including each of the 

applicable requirements specified in parts 264 and 266 through 268 of 

this chapter. In satisfying this provision, the Administrator may 

incorporate applicable requirements of parts 264 and 266 through 268 of 

this chapter directly into the permit or establish other permit 

conditions that are based on these parts.

    (2) Each permit issued under section 3005 of this act shall contain 

terms and conditions as the Administrator or State Director determines 

necessary to protect human health and the environment.

    (3) If, as the result of an assessment(s) or other information, the 

Administrator or Director determines that conditions are necessary in 

addition to those required under 40 CFR parts 63, subpart EEE, 264 or 

266 to ensure protection of human health and the environment, he shall 

include those terms and conditions in a RCRA permit for a hazardous 

waste combustion unit.

    (c) For a State issued permit, an applicable requirement is a State 

statutory or regulatory requirement which takes effect prior to final 

administrative disposition of a permit. For a permit issued by EPA, an 

applicable requirement is a statutory or regulatory requirement 

(including any interim final regulation) which takes effect prior to the 

issuance of the permit. Section 124.14 (reopening of comment period) 

provides a means for reopening



[[Page 348]]



EPA permit proceedings at the discretion of the Director where new 

requirements become effective during the permitting process and are of 

sufficient magnitude to make additional proceedings desirable. For State 

and EPA administered programs, an applicable requirement is also any 

requirement which takes effect prior to the modification or revocation 

and reissuance of a permit, to the extent allowed in Sec.  270.41.

    (d) New or reissued permits, and to the extent allowed under Sec.  

270.41, modified or revoked and reissued permits, shall incorporate each 

of the applicable requirements referenced in this section and in 40 CFR 

270.31.

    (e) Incorporation. All permit conditions shall be incorporated 

either expressly or by reference. If incorporated by reference, a 

specific citation to the applicable regulations or requirements must be 

given in the permit.



[48 FR 14228, Apr. 1, 1983, as amended at 50 FR 28752, July 15, 1985; 51 

FR 40653, Nov. 7, 1986; 65 FR 30913, May 15, 2000; 70 FR 59577, Oct. 12, 

2005]