[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: 40CFR270.41]



[Page 349-350]

 

                   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.  270.41  Modification or revocation and reissuance of permits.



    When the Director receives any information (for example, inspects 

the facility, receives information submitted by the permittee as 

required in the permit (see Sec.  270.30), receives a request for 

revocation and reissuance under Sec.  124.5 or conducts a review of the 

permit file), he or she may determine whether one or more of the causes 

listed in paragraphs (a) and (b) of this section for modification, or 

revocation and reissuance or both exist. If cause exists, the Director 

may modify or revoke and reissue the permit accordingly, subject to the 

limitations of paragraph (c) of this section, and may request an updated 

application if necessary. When a permit is modified, only the conditions 

subject to modification are reopened. If a permit is revoked and 

reissued, the entire permit is reopened and subject to revision and the 

permit is reissued for a new term. (See 40 CFR 124.5(c)(2).) If cause 

does not exist under this section, the Director shall not modify or 

revoke and reissue the permit, except on request of the permittee. If a 

permit modification is requested by the permittee, the Director shall 

approve or deny the request according to the procedures of Sec.  270.42, 

or Sec.  270.320 and 40 CFR part 124, subpart G. Otherwise, a draft 

permit must be prepared and other procedures in part 124 (or procedures 

of an authorized State program) followed.

    (a) Causes for modification. The following are causes for 

modification, but not revocation and reissuance, of permits; the 

following may be causes for revocation and reissuance, as well as 

modification, when the permittee requests or agrees.

    (1) Alterations. There are material and substantial alterations or 

additions to the permitted facility or activity which occurred after 

permit issuance which justify the application of permit



[[Page 350]]



conditions that are different or absent in the existing permit.

    (2) Information. The Director has received information. Permits may 

be modified during their terms for this cause only if the information 

was not available at the time of permit issuance (other than revised 

regulations, guidance, or test methods) and would have justified the 

application of different permit conditions at the time of issuance.

    (3) New statutory requirements or regulations. The standards or 

regulations on which the permit was based have been changed by statute, 

through promulgation of new or amended standards or regulations, or by 

judicial decision after the permit was issued.

    (4) Compliance schedules. The Director determines good cause exists 

for modification of a compliance schedule, such as an act of God, 

strike, flood, or materials shortage or other events over which the 

permittee has little or no control and for which there is no reasonably 

available remedy.

    (5) Notwithstanding any other provision in this section, when a 

permit for a land disposal facility is reviewed by the Director under 

Sec.  270.50(d), the Director shall modify the permit as necessary to 

assure that the facility continues to comply with the currently 

applicable requirements in parts 124, 260 through 266, and 270.

    (b) Causes for modification or revocation and reissuance. The 

following are causes to modify or, alternatively, revoke and reissue a 

permit:

    (1) Cause exists for termination under Sec.  270.43, and the 

Director determines that modification or revocation and reissuance is 

appropriate.

    (2) The Director has received notification (as required in the 

permit, see Sec.  270.30(l)(3)) of a proposed transfer of the permit.

    (3) The Director has received notification under 40 CFR 124.202(b) 

of a facility owner or operator's intent to be covered by a standardized 

permit.

    (c) Facility siting. Suitability of the facility location will not 

be considered at the time of permit modification or revocation and 

reissuance unless new information or standards indicate that a threat to 

human health or the environmental exists which was unknown at the time 

of permit issuance.



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

FR 28752, July 15, 1985; 52 FR 45799, Dec. 1, 1987; 53 FR 37936, Sept. 

28, 1988; 70 FR 53475, Sept. 8, 2005]