[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: 40CFR270.40]



[Page 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 D_Changes to Permit

 

Sec.  270.40  Transfer of permits.





    (a) A permit may be transferred by the permittee to a new owner or 

operator only if the permit has been modified or revoked and reissued 

(under Sec.  270.40(b) or Sec.  270.41(b)(2)) to identify the new 

permittee and incorporate such other requirements as may be necessary 

under the appropriate Act.

    (b) Changes in the ownership or operational control of a facility 

may be made as a Class 1 modification with prior written approval of the 

Director in accordance with Sec.  270.42 or as a routine change with 

prior approval under 40 CFR 124.213. The new owner or operator must 

submit a revised permit application no later than 90 days prior to the 

scheduled change. A written agreement containing a specific date for 

transfer of permit responsibility between the current and new permittees 

must also be submitted to the Director. When a transfer of ownership or 

operational control occurs, the old owner or operator shall comply with 

the requirements of 40 CFR part 264, subpart H (Financial Requirements) 

until the new owner or operator has demonstrated that he or she is 

complying with the requirements of that subpart. The new owner or 

operator must demonstrate compliance with subpart H requirements within 

six months of the date of the change of ownership or operational control 

of the facility. Upon demonstration to the Director by the new owner or 

operator of compliance with subpart H, the Director shall notify the old 

owner or operator that he or she no longer needs to comply with subpart 

H as of the date of demonstration.



[53 FR 37935, Sept. 28, 1988, as amended at 70 FR 53475, Sept. 8, 2005]