[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: 40CFR270.33]



[Page 348-349]

 

                   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.  270.33  Schedules of compliance.



    (a) The permit may, when appropriate, specify a schedule of 

compliance leading to compliance with the Act and regulations.

    (1) Time for compliance. Any schedules of compliance under this 

section shall require compliance as soon as possible.

    (2) Interim dates. Except as provided in paragraph (b)(1)(ii) of 

this section, if a permit establishes a schedule of compliance which 

exceeds 1 year from the date of permit issuance, the schedule shall set 

forth interim requirements and the dates for their achievement.

    (i) The time between interim dates shall not exceed 1 year.

    (ii) If the time necessary for completion of any interim requirement 

is more than 1 year and is not readily divisible into stages for 

completion, the permit shall specify interim dates for the submission of 

reports of progress toward completion of the interim requirements and 

indicate a projected completion date.

    (3) Reporting. The permit shall be written to require that no later 

than 14 days following each interim date and the final date of 

compliance, the permittee shall notify the Director in writing, of its 

compliance or noncompliance with the interim or final requirements.

    (b) Alternative schedules of compliance. An RCRA permit applicant or 

permittee may cease conducting regulated activities (by receiving a 

terminal volume of hazardous waste and, for treatment and storage HWM 

facilities, closing pursuant to applicable requirements; and, for 

disposal HWM facilities, closing and conducting post-closure care 

pursuant to applicable requirements) rather than continue to operate and 

meet permit requirements as follows:

    (1) If the permittee decides to cease conducting regulated 

activities at a given time within the term of a permit which has already 

been issued:

    (i) The permit may be modified to contain a new or additional 

schedule leading to timely cessation of activities; or

    (ii) The permittee shall cease conducting permitted activities 

before noncompliance with any interim or final compliance schedule 

requirement already specified in the permit.

    (2) If the decision to cease conducting regulated activities is made 

before issuance of a permit whose term will include the termination 

date, the permit shall contain a schedule leading to termination which 

will ensure timely compliance with applicable requirements.

    (3) If the permittee is undecided whether to cease conducting 

regulated activities, the Director may issue or modify a permit to 

contain two schedules as follows:

    (i) Both schedules shall contain an identical interim deadline 

requiring a final decision on whether to cease conducting regulated 

activities no later than a date which ensures sufficient time to comply 

with applicable requirements in a timely manner if the decision is to 

continue conducting regulated activities;

    (ii) One schedule shall lead to timely compliance with applicable 

requirements;

    (iii) The second schedule shall lead to cessation of regulated 

activities by a date which will ensure timely compliance with applicable 

requirements;



[[Page 349]]



    (iv) Each permit containing two schedules shall include a 

requirement that after the permittee has made a final decision under 

paragraph (b)(3)(i) of this section it shall follow the schedule leading 

to compliance if the decision is to continue conducting regulated 

activities, and follow the schedule leading to termination if the 

decision is to cease conducting regulated activities.

    (4) The applicant's or permittee's decision to cease conducting 

regulated activities shall be evidenced by a firm public commitment 

satisfactory to the Director, such as resolution of the board of 

directors of a corporation.



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