Section

[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: 40CFR270.42]

[Page 350-361]

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. 270.42 Permit modification at the request of the permittee.

(a) Class 1 modifications. (1) Except as provided in paragraph

(a)(2) of this section, the permittee may put into effect Class 1

modifications listed in appendix I of this section under the following

conditions:

(i) The permittee must notify the Director concerning the

modification by certified mail or other means that establish proof of

delivery within 7 calendar days after the change is put into effect.

This notice must specify the changes being made to permit conditions or

supporting documents referenced by the permit and must explain why they

are necessary. Along with the notice, the permittee must provide the

applicable information required by Sec. Sec. 270.13 through 270.21,

270.62, and 270.63.

(ii) The permittee must send a notice of the modification to all

persons on the facility mailing list, maintained by the Director in

accordance with 40 CFR 124.10(c)(viii), and the appropriate units of

State and local government, as specified in 40 CFR 124.10(c)(ix). This

notification must be made within 90 calendar days after the change is

put into effect. For the Class I modifications that require prior

Director approval, the notification must be made within 90 calendar days

after the Director approves the request.

(iii) Any person may request the Director to review, and the

Director may for cause reject, any Class 1 modification. The Director

must inform the permittee by certified mail that a Class 1 modification

has been rejected, explaining the reasons for the rejection. If a Class

1 modification has been rejected, the permittee must comply with the

original permit conditions.

(2) Class 1 permit modifications identified in appendix I by an

asterisk may be made only with the prior written approval of the

Director.

(3) For a Class 1 permit modification, the permittee may elect to

follow the

[[Page 351]]

procedures in Sec. 270.42(b) for Class 2 modifications instead of the

Class 1 procedures. The permittee must inform the Director of this

decision in the notice required in Sec. 270.42(b)(1).

(b) Class 2 modifications. (1) For Class 2 modifications, listed in

appendix I of this section, the permittee must submit a modification

request to the Director that:

(i) Describes the exact change to be made to the permit conditions

and supporting documents referenced by the permit;

(ii) Identifies that the modification is a Class 2 modification;

(iii) Explains why the modification is needed; and

(iv) Provides the applicable information required by Sec. Sec.

270.13 through 270.21, 270.62, and 270.63.

(2) The permittee must send a notice of the modification request to

all persons on the facility mailing list maintained by the Director and

to the appropriate units of State and local government as specified in

40 CFR 124.10(c)(ix) and must publish this notice in a major local

newspaper of general circulation. This notice must be mailed and

published within 7 days before or after the date of submission of the

modification request, and the permittee must provide to the Director

evidence of the mailing and publication. The notice must include:

(i) Announcement of a 60-day comment period, in accordance with

Sec. 270.42(b)(5), and the name and address of an Agency contact to

whom comments must be sent;

(ii) Announcement of the date, time, and place for a public meeting

held in accordance with Sec. 270.42(b)(4);

(iii) Name and telephone number of the permittee's contact person;

(iv) Name and telephone number of an Agency contact person;

(v) Location where copies of the modification request and any

supporting documents can be viewed and copied; and

(vi) The following statement: ``The permittee's compliance history

during the life of the permit being modified is available from the

Agency contact person.''

(3) The permittee must place a copy of the permit modification

request and supporting documents in a location accessible to the public

in the vicinity of the permitted facility.

(4) The permittee must hold a public meeting no earlier than 15 days

after the publication of the notice required in paragraph (b)(2) of this

section and no later than 15 days before the close of the 60-day comment

period. The meeting must be held to the extent practicable in the

vicinity of the permitted facility.

(5) The public shall be provided 60 days to comment on the

modification request. The comment period will begin on the date the

permittee publishes the notice in the local newspaper. Comments should

be submitted to the Agency contact identified in the public notice.

(6)(i) No later than 90 days after receipt of the notification

request, the Director must:

(A) Approve the modification request, with or without changes, and

modify the permit accordingly;

(B) Deny the request;

procedures in Sec. 270.42(c) for Class 3 modifications for the

following reasons:

(1) There is significant public concern about the proposed

modification; or

(2) The complex nature of the change requires the more extensive

procedures of Class 3.

(D) Approve the request, with or without changes, as a temporary

authorization having a term of up to 180 days, or

(E) Notify the permittee that he or she will decide on the request

within the next 30 days.

(ii) If the Director notifies the permittee of a 30-day extension

for a decision, the Director must, no later than 120 days after receipt

of the modification request:

(A) Approve the modification request, with or without changes, and

modify the permit accordingly;

(B) Deny the request; or

procedures in Sec. 270.42(c) for Class 3 modifications for the

following reasons:

[[Page 352]]

(1) There is significant public concern about the proposed

modification; or

(2) The complex nature of the change requires the more extensive

procedures of Class 3.

(D) Approve the request, with or without changes, as a temporary

authorization having a term of up to 180 days.

(iii) If the Director fails to make one of the decisions specified

in paragraph (b)(6)(ii) of this section by the 120th day after receipt

of the modification request, the permittee is automatically authorized

to conduct the activities described in the modification request for up

to 180 days, without formal Agency action. The authorized activities

must be conducted as described in the permit modification request and

must be in compliance with all appropriate standards of 40 CFR part 265.

If the Director approves, with or without changes, or denies the

modification request during the term of the temporary or automatic

authorization provided for in paragraphs (b)(6) (i), (ii), or (iii) of

this section, such action cancels the temporary or automatic

authorization.

(iv)(A) In the case of an automatic authorization under paragraph

(b)(6)(iii) of this section, or a temporary authorization under

paragraph (b)(6) (i)(D) or (ii)(D) of this section, if the Director has

not made a final approval or denial of the modification request by the

date 50 days prior to the end of the temporary or automatic

authorization, the permittee must within seven days of that time send a

notification to persons on the facility mailing list, and make a

reasonable effort to notify other persons who submitted written comments

on the modification request, that:

(1) The permittee has been authorized temporarily to conduct the

activities described in the permit modification request, and

(2) Unless the Director acts to give final approval or denial of the

request by the end of the authorization period, the permittee will

receive authorization to conduct such activities for the life of the

permit.

(B) If the owner/operator fails to notify the public by the date

specified in paragraph (b)(6)(iv)(A) of this section, the effective date

of the permanent authorization will be deferred until 50 days after the

owner/operator notifies the public.

(v) Except as provided in paragraph (b)(6)(vii) of this section, if

the Director does not finally approve or deny a modification request

before the end of the automatic or temporary authorization period or

reclassify the modification as a Class 3, the permittee is authorized to

conduct the activities described in the permit modification request for

the life of the permit unless modified later under Sec. 270.41 or Sec.

270.42. The activities authorized under this paragraph must be conducted

as described in the permit modification request and must be in

compliance with all appropriate standards of 40 CFR part 265.

(vi) In making a decision to approve or deny a modification request,

including a decision to issue a temporary authorization or to reclassify

a modification as a Class 3, the Director must consider all written

comments submitted to the Agency during the public comment period and

must respond in writing to all significant comments in his or her

decision.

(vii) With the written consent of the permittee, the Director may

extend indefinitely or for a specified period the time periods for final

approval or denial of a modification request or for reclassifying a

modification as a Class 3.

(7) The Director may deny or change the terms of a Class 2 permit

modification request under paragraphs (b)(6) (i) through (iii) of this

section for the following reasons:

(i) The modification request is incomplete;

(ii) The requested modification does not comply with the appropriate

requirements of 40 CFR part 264 or other applicable requirements; or

(iii) The conditions of the modification fail to protect human

health and the environment.

(8) The permittee may perform any construction associated with a

Class 2 permit modification request beginning 60 days after the

submission of the request unless the Director establishes a later date

for commencing construction and informs the permittee in writing before

day 60.

[[Page 353]]

appendix I of this section, the permittee must submit a modification

request to the Director that:

(i) Describes the exact change to be made to the permit conditions

and supporting documents referenced by the permit;

(ii) Identifies that the modification is a Class 3 modification;

(iii) Explains why the modification is needed; and

(iv) Provides the applicable information required by 40 CFR 270.13

through 270.22, 270.62, 270.63, and 270.66.

(2) The permittee must send a notice of the modification request to

all persons on the facility mailing list maintained by the Director and

to the appropriate units of State and local government as specified in

40 CFR 124.10(c)(ix) and must publish this notice in a major local

newspaper of general circulation. This notice must be mailed and

published within seven days before or after the date of submission of

the modification request, and the permittee must provide to the Director

evidence of the mailing and publication. The notice must include:

(i) Announcement of a 60-day comment period, and a name and address

of an Agency contact to whom comments must be sent;

(ii) Announcement of the date, time, and place for a public meeting

on the modification request, in accordance with Sec. 270.42(c)(4);

(iii) Name and telephone number of the permittee's contact person;

(iv) Name and telephone number of an Agency contact person;

(v) Location where copies of the modification request and any

supporting documents can be viewed and copied; and

(vi) The following statement: ``The permittee's compliance history

during the life of the permit being modified is available from the

Agency contact person.''

(3) The permittee must place a copy of the permit modification

request and supporting documents in a location accessible to the public

in the vicinity of the permitted facility.

(4) The permittee must hold a public meeting no earlier than 15 days

after the publication of the notice required in paragraph (c)(2) of this

section and no later than 15 days before the close of the 60-day comment

period. The meeting must be held to the extent practicable in the

vicinity of the permitted facility.

(5) The public shall be provided at least 60 days to comment on the

modification request. The comment period will begin on the date the

permittee publishes the notice in the local newspaper. Comments should

be submitted to the Agency contact identified in the notice.

(6) After the conclusion of the 60-day comment period, the Director

must grant or deny the permit modification request according to the

permit modification procedures of 40 CFR part 124. In addition, the

Director must consider and respond to all significant written comments

received during the 60-day comment period.

(d) Other modifications. (1) In the case of modifications not

explicitly listed in appendix I of this section, the permittee may

submit a Class 3 modification request to the Agency, or he or she may

request a determination by the Director that the modification should be

reviewed and approved as a Class 1 or Class 2 modification. If the

permittee requests that the modification be classified as a Class 1 or 2

modification, he or she must provide the Agency with the necessary

information to support the requested classification.

(2) The Director shall make the determination described in paragraph

(d)(1) of this section as promptly as practicable. In determining the

appropriate class for a specific modification, the Director shall

consider the similarity of the modification to other modifications

codified in appendix I and the following criteria:

(i) Class 1 modifications apply to minor changes that keep the

permit current with routine changes to the facility or its operation.

These changes do no substantially alter the permit conditions or reduce

the capacity of the facility to protect human health or the environment.

In the case of Class 1 modifications, the Director may require prior

approval.

(ii) Class 2 modifications apply to changes that are necessary to

enable a

[[Page 354]]

permittee to respond, in a timely manner, to,

(A) Common variations in the types and quantities of the wastes

managed under the facility permit,

(B) Technological advancements, and

changes can be implemented without substantially changing design

specifications or management practices in the permit.

(iii) Class 3 modifications substantially alter the facility or its

operation.

(e) Temporary authorizations. (1) Upon request of the permittee, the

Director may, without prior public notice and comment, grant the

permittee a temporary authorization in accordance with this subsection.

Temporary authorizations must have a term of not more than 180 days.

(2)(i) The permittee may request a temporary authorization for:

(A) Any Class 2 modification meeting the criteria in paragraph

(e)(3)(ii) of this section, and

(B) Any Class 3 modification that meets the criteria in paragraph

(3)(ii) (A) or (B) of this section; or that meets the criteria in

paragraphs (3)(ii) (C) through (E) of this section and provides improved

management or treatment of a hazardous waste already listed in the

facility permit.

(ii) The temporary authorization request must include:

(A) A description of the activities to be conducted under the

temporary authorization;

(B) An explanation of why the temporary authorization is necessary;

and

standards.

(iii) The permittee must send a notice about the temporary

authorization request to all persons on the facility mailing list

maintained by the Director and to appropriate units of State and local

governments as specified in 40 CFR 124.10(c)(ix). This notification must

be made within seven days of submission of the authorization request.

(3) The Director shall approve or deny the temporary authorization

as quickly as practical. To issue a temporary authorization, the

Director must find:

(i) The authorized activities are in compliance with the standards

of 40 CFR part 264.

(ii) The temporary authorization is necessary to achieve one of the

following objectives before action is likely to be taken on a

modification request:

(A) To facilitate timely implementation of closure or corrective

action activities;

(B) To allow treatment or storage in tanks or containers, or in

containment buildings in accordance with 40 CFR part 268;

(D) To enable the permittee to respond to sudden changes in the

types or quantities of the wastes managed under the facility permit; or

(E) To facilitate other changes to protect human health and the

environment.

(4) A temporary authorization may be reissued for one additional

term of up to 180 days provided that the permittee has requested a Class

2 or 3 permit modification for the activity covered in the temporary

authorization, and:

(i) The reissued temporary authorization constitutes the Director's

decision on a Class 2 permit modification in accordance with paragraph

(b)(6)(i)(D) or (ii)(D) of this section, or

(ii) The Director determines that the reissued temporary

authorization involving a Class 3 permit modification request is

warranted to allow the authorized activities to continue while the

modification procedures of paragraph (c) of this section are conducted.

(f) Public notice and appeals of permit modification decisions. (1)

The Director shall notify persons on the facility mailing list and

appropriate units of State and local government within 10 days of any

decision under this section to grant or deny a Class 2 or 3 permit

modification request. The Director shall also notify such persons within

10 days after an automatic authorization for a Class 2 modification goes

into effect under Sec. 270.42(b)(6) (iii) or (v).

[[Page 355]]

(2) The Director's decision to grant or deny a Class 2 or 3 permit

modification request under this section may be appealed under the permit

appeal procedures of 40 CFR 124.19.

(3) An automatic authorization that goes into effect under Sec.

270.42(b)(6) (iii) or (v) may be appealed under the permit appeal

procedures of 40 CFR 124.19; however, the permittee may continue to

conduct the activities pursuant to the automatic authorization until the

appeal has been granted pursuant to Sec. 124.19(c), notwithstanding the

provisions of Sec. 124.15(b).

(g) Newly regulated wastes and units. (1) The permittee is

authorized to continue to manage wastes listed or identified as

hazardous under part 261 of this chapter, or to continue to manage

hazardous waste in units newly regulated as hazardous waste management

units, if:

(i) The unit was in existence as a hazardous waste facility with

respect to the newly listed or characterized waste or newly regulated

waste management unit on the effective date of the final rule listing or

identifying the waste, or regulating the unit;

(ii) The permittee submits a Class 1 modification request on or

before the date on which the waste or unit becomes subject to the new

requirements;

(iii) The permittee is in compliance with the applicable standards

of 40 CFR parts 265 and 266 of this chapter;

(iv) The permittee also submits a complete Class 2 or 3 modification

request within 180 days of the effective date of the rule listing or

identifying the waste, or subjecting the unit to RCRA Subtitle C

management standards;

(v) In the case of land disposal units, the permittee certifies that

each such unit is in compliance with all applicable requirements of part

265 of this chapter for groundwater monitoring and financial

responsibility on the date 12 months after the effective date of the

rule identifying or listing the waste as hazardous, or regulating the

unit as a hazardous waste management unit. If the owner or operator

fails to certify compliance with all these requirements, he or she will

lose authority to operate under this section.

(2) New wastes or units added to a facility's permit under this

subsection do not constitute expansions for the purpose of the 25

percent capacity expansion limit for Class 2 modifications.

(h) Military hazardous waste munitions treatment and disposal. The

permittee is authorized to continue to accept waste military munitions

notwithstanding any permit conditions barring the permittee from

accepting off-site wastes, if:

(1) The facility was in existence as a hazardous waste facility, and

the facility was already permitted to handle the waste military

munitions, on the date when the waste military munitions became subject

to hazardous waste regulatory requirements;

(2) On or before the date when the waste military munitions become

subject to hazardous waste regulatory requirements, the permittee

submits a Class 1 modification request to remove or amend the permit

provision restricting the receipt of off-site waste munitions; and

(3) The permittee submits a complete Class 2 modification request

within 180 days of the date when the waste military munitions became

subject to hazardous waste regulatory requirements.

(i) Permit modification list. The Director must maintain a list of

all approved permit modifications and must publish a notice once a year

in a State-wide newspaper that an updated list is available for review.

(j) Combustion facility changes to meet part 63 MACT standards. The

following procedures apply to hazardous waste combustion facility permit

modifications requested under Appendix I of this section, section L(9).

(1) Facility owners or operators must have complied with the

Notification of Intent to Comply (NIC) requirements of 40 CFR 63.1210

that were in effect prior to October 11, 2000, (See 40 CFR part 63

Sec. Sec. 63.1200-63.1499 revised as of July 1, 2000) in order to

request a permit modification under this section for the purpose of

technology changes needed to meet the standards under 40 CFR 63.1203,

63.1204, and 63.1205.

(2) Facility owners or operators must comply with the Notification

of Intent to Comply (NIC) requirements of 40 CFR 63.1210(b) and

63.1212(a) before a

[[Page 356]]

permit modification can be requested under this section for the purpose

of technology changes needed to meet the 40 CFR 63.1215, 63.1216,

63.1217, 63.1218, 63.1219, 63.1220, and 63.1221 standards promulgated on

October 12, 2005.

(3) If the Director does not approve or deny the request within 90

days of receiving it, the request shall be deemed approved. The Director

may, at his or her discretion, extend this 90 day deadline one time for

up to 30 days by notifying the facility owner or operator.

(k) Waiver of RCRA permit conditions in support of transition to the

part 63 MACT standards. (1) You may request to have specific RCRA

operating and emissions limits waived by submitting a Class 1 permit

modification request under Appendix I of this section, section L(10).

You must:

(i) Identify the specific RCRA permit operating and emissions limits

which you are requesting to waive;

(ii) Provide an explanation of why the changes are necessary in

order to minimize or eliminate conflicts between the RCRA permit and

MACT compliance; and

(iii) Discuss how the revised provisions will be sufficiently

protective.

(iv) The Director shall approve or deny the request within 30 days

of receipt of the request. The Director may, as his or her discretion,

extend this 30 day deadline one time for up to 30 days by notifying the

facility owner or operator.

(2) To request this modification in conjunction with MACT

performance testing where permit limits may only be waived during actual

test events and pretesting, as defined under 40 CFR 63.1207(h)(2)(i) and

(ii), for an aggregate time not to exceed 720 hours of operation

(renewable at the discretion of the Administrator) you must:

(i) Submit your modification request to the Director at the same

time you submit your test plans to the Administrator; and

(ii) The Director may elect to approve or deny the request continent

upon approval of the test plans.

(l) Performance Track member facilities. The following procedures

apply to Performance Track member facilities that request a permit

modification under Appendix I of this section, section O(1).

(1) Performance Track member facilities must have complied with the

requirements of Sec. 264.15(b)(5) in order to request a permit

modification under this section.

(2) The Performance Track member facility should consider the

application approved if the Director does not: deny the application, in

writing; or notify the Performance Track member facility, in writing, of

an extension to the 60-day deadline within 60 days of receiving the

request. In these situations, the Performance Track member facility must

adhere to the revised inspection schedule outlined in its application

and maintain a copy of the application in the facility's operating

record.

Appendix I to Sec. 270.42--Classification of Permit Modification

------------------------------------------------------------------------

Modifications Class

------------------------------------------------------------------------

A. General Permit Provisions

1. Administrative and informational changes.................. 1

2. Correction of typographical errors........................ 1

3. Equipment replacement or upgrading with functionally 1

equivalent components (e.g., pipes, valves, pumps,

conveyors, controls)........................................

4. Changes in the frequency of or procedures for monitoring,

reporting, sampling, or maintenance activities by the

permittee:

a. To provide for more frequent monitoring, reporting, 1

sampling, or maintenance..................................

b. Other changes........................................... 2

5. Schedule of compliance:

a. Changes in interim compliance dates, with prior approval \1\ 1

of the Director...........................................

b. Extension of final compliance date...................... 3

6. Changes in expiration date of permit to allow earlier \1\ 1

permit termination, with prior approval of the Director.....

7. Changes in ownership or operational control of a facility, \1\ 1

provided the procedures of Sec. 270.40(b) are followed....

8. Changes to remove permit conditions that are no longer \1\ 1

applicable (i.e., because the standards upon which they are

based are no longer applicable to the facility).............

B. General Facility Standards

1. Changes to waste sampling or analysis methods:

a. To conform with agency guidance or regulations.......... 1

b. To incorporate changes associated with F039 (multi- 1

source leachate) sampling or analysis methods.............

[[Page 357]]

c. To incorporate changes associated with underlying \1\ 1

hazardous constituents in ignitable or corrosive wastes...

d. Other changes........................................... 2

2. Changes to analytical quality assurance/control plan:

a. To conform with agency guidance or regulations.......... 1

b. Other changes........................................... 2

3. Changes in procedures for maintaining the operating record 1

4. Changes in frequency or content of inspection schedules... 2

5. Changes in the training plan:

a. That affect the type or decrease the amount of training 2

given to employees........................................

b. Other changes........................................... 1

6. Contingency plan:

a. Changes in emergency procedures (i.e., spill or release 2

response procedures)......................................

b. Replacement with functionally equivalent equipment, 1

upgrade, or relocate emergency equipment listed...........

c. Removal of equipment from emergency equipment list...... 2

d. Changes in name, address, or phone number of 1

coordinators or other persons or agencies identified in

the plan..................................................

7. Construction quality assurance plan:

a. Changes that the CQA officer certifies in the operating 1

record will provide equivalent or better certainty that

the unit components meet the design specifications........

b. Other changes........................................... 2

Note: When a permit modification (such as introduction of a new

unit) requires a change in facility plans or other general

facility standards, that change shall be reviewed under the

same procedures as the permit modification.

C. Ground-Water Protection

1. Changes to wells:

a. Changes in the number, location, depth, or design of 2

upgradient or downgradient wells of permitted ground-water

monitoring system.........................................

b. Replacement of an existing well that has been damaged or 1

rendered inoperable, without change to location, design,

or depth of the well......................................

2. Changes in ground-water sampling or analysis procedures or \1\ 1

monitoring schedule, with prior approval of the Director....

3. Changes in statistical procedure for determining whether a \1\ 1

statistically significant change in ground-water quality

between upgradient and downgradient wells has occurred, with

prior approval of the Director..............................

4. Changes in point of compliance............................ \1\ 2

5. Changes in indicator parameters, hazardous constituents,

or concentration limits (including ACLs):

a. As specified in the groundwater protection standard..... 3

b. As specified in the detection monitoring program........ 2

6. Changes to a detection monitoring program as required by 2

Sec. 264.98(j), unless otherwise specified in this

appendix....................................................

7. Compliance monitoring program:

a. Addition of compliance monitoring program as required by 3

Sec. Sec. 264.98(h)(4) and 264.99......................

b. Changes to a compliance monitoring program as required 2

by Sec. 264.99(k), unless otherwise specified in this

appendix..................................................

8. Corrective action program:

a. Addition of a corrective action program as required by 3

Sec. Sec. 264.99(i)(2) and 264.100.....................

b. Changes to a corrective action program as required by 2

Sec. 264.100(h), unless otherwise specified in this

appendix..................................................

D. Closure

1. Changes to the closure plan:

a. Changes in estimate of maximum extent of operations or \1\ 1

maximum inventory of waste on-site at any time during the

active life of the facility, with prior approval of the

Director..................................................

b. Changes in the closure schedule for any unit, changes in \1\ 1

the final closure schedule for the facility, or extension

of the closure period, with prior approval of the Director

c. Changes in the expected year of final closure, where \1\ 1

other permit conditions are not changed, with prior

approval of the Director..................................

d. Changes in procedures for decontamination of facility \1\ 1

equipment or structures, with prior approval of the

Director..................................................

e. Changes in approved closure plan resulting from 2

unexpected events occurring during partial or final

closure, unless otherwise specified in this appendix......

f. Extension of the closure period to allow a landfill, 2

surface impoundment or land treatment unit to receive non-

hazardous wastes after final receipt of hazardous wastes

under Sec. 264.113 (d) and (e)..........................

2. Creation of a new landfill unit as part of closure........ 3

3. Addition of the following new units to be used temporarily

for closure activities:

a. Surface impoundments.................................... 3

b. Incinerators............................................ 3

c. Waste piles that do not comply with Sec. 264.250(c)... 3

d. Waste piles that comply with Sec. 264.250(c).......... 2

e. Tanks or containers (other than specified below)........ 2

f. Tanks used for neutralization, dewatering, phase \1\ 1

separation, or component separation, with prior approval

of the Director...........................................

g. Staging piles........................................... 2

E. Post-Closure

1. Changes in name, address, or phone number of contact in 1

post-closure plan...........................................

[[Page 358]]

2. Extension of post-closure care period..................... 2

3. Reduction in the post-closure care period................. 3

4. Changes to the expected year of final closure, where other 1

permit conditions are not changed...........................

5. Changes in post-closure plan necessitated by events 2

occurring during the active life of the facility, including

partial and final closure...................................

F. Containers

1. Modification or addition of container units:

a. Resulting in greater than 25% increase in the facility's 3

container storage capacity, except as provided in F(1)(c)

and F(4)(a) below.........................................

b. Resulting in up to 25% increase in the facility's 2

container storage capacity, except as provided in F(1)(c)

and F(4)(a) below.........................................

c. Or treatment processes necessary to treat wastes that \1\ 1

are restricted from land disposal to meet some or all of

the applicable treatment standards or to treat wastes to

satisfy (in whole or in part) the standard of ``use of

practically available technology that yields the greatest

environmental benefit'' contained in Sec.

268.8(a)(2)(ii), with prior approval of the Director. This

modification may also involve addition of new waste codes

or narrative descriptions of wastes. It is not applicable

to dioxin-containing wastes (F020, 021, 022, 023, 026,

027, and 028).............................................

a. Modification of a container unit without increasing the 2

capacity of the unit......................................

b. Addition of a roof to a container unit without 1

alteration of the containment system......................

3. Storage of different wastes in containers, except as

provided in (F)(4) below:

a. That require additional or different management 3

practices from those authorized in the permit.............

b. That do not require additional or different management 2

practices from those authorized in the permit.............

Note: See Sec. 270.42(g) for modification procedures to be

used for the management of newly listed or identified wastes.

4. Storage of treatment of different wastes in containers:

a. That require addition of units or change in treatment 1

process or management standards, provided that the wastes

are restricted from land disposal and are to be treated to

meet some or all of the applicable treatment standards, or

that are to be treated to satisfy (in whole or in part)

the standard of ``use of practically available technology

that yields the greatest environmental benefit'' contained

in Sec. 268.8(a)(2)(ii). This modification is not

applicable to dioxin-containing wastes (F020, 021, 022,

023, 026, 027, and 028)...................................

b. That do not require the addition of units or a change in \1\ 1

the treatment process or management standards, and

provided that the units have previously received wastes of

the same type (e.g., incinerator scrubber water). This

modification is not applicable to dioxin-containing wastes

(F020, 021, 022, 023, 026, 027, and 028)..................

G. Tanks

a. Modification or addition of tank units resulting in 3

greater than 25% increase in the facility's tank capacity,

except as provided in G(1)(c), G(1)(d), and G(1)(e) below.

b. Modification or addition of tank units resulting in up 2

to 25% increase in the facility's tank capacity, except as

provided in G(1)(d) and G(1)(e) below.....................

c. Addition of a new tank that will operate for more than 2

90 days using any of the following physical or chemical

treatment technologies: neutralization, dewatering, phase

separation, or component separation.......................

d. After prior approval of the Director, addition of a new \1\ 1

tank that will operate for up to 90 days using any of the

following physical or chemical treatment technologies:

neutralization, dewatering, phase separation, or component

separation................................................

e. Modification or addition of tank units or treatment \1\ 1

processes necessary to treat wastes that are restricted

from land disposal to meet some or all of the applicable

treatment standards or to treat wastes to satisfy (in

whole or in part) the standard of ``use of practically

available technology that yields the greatest

environmental benefit'' contained in Sec.

268.8(a)(2)(ii), with prior approval of the Director. This

modification may also involve addition of new waste codes.

It is not applicable to dioxin-containing wastes (F020,

021, 022, 023, 026, 027, and 028).........................

2. Modification of a tank unit or secondary containment 2

system without increasing the capacity of the unit..........

3. Replacement of a tank with a tank that meets the same 1

design standards and has a capacity within 10% of the replaced tank provided....................

--The capacity difference is no more than 1500 gallons,

--The facility's permitted tank capacity is not increased,

and

--The replacement tank meets the same conditions in the

permit.

4. Modification of a tank management practice................ 2

5. Management of different wastes in tanks:

a. That require additional or different management 3

practices, tank design, different fire protection

specifications, or significantly different tank treatment

process from that authorized in the permit, except as

provided in (G)(5)(c) below...............................

b. That do not require additional or different management 2

practices, tank design, different fire protection

specifications, or significantly different tank treatment

process than authorized in the permit, except as provided

in (G)(5)(d)..............................................

c. That require addition of units or change in treatment \1\ 1

processes or management standards, provided that the

wastes are restricted from land disposal and are to be

treated to meet some or all of the applicable treatment

standards or that are to be treated to satisfy (in whole

or in part) the standard of ``use of practically available

technology that yields the greatest environmental

benefit'' contained in Sec. 268.8(a)(2)(ii). The

modification is not applicable to dioxin-containing wastes

(F020, 021, 022, 023, 026, 027, and 028)..................

[[Page 359]]

d. That do not require the addition of units or a change in 1

the treatment process or management standards, and

provided that the units have previously received wastes of

the same type (e.g., incinerator scrubber water). This

modification is not applicable to dioxin-containing wastes

(F020, 021, 022, 023, 026, 027, and 028)..................

Note: See Sec. 270.42(g) for modification procedures to be

used for the management of newly lilsted or identified wastes.

H. Surface Impoundments

1. Modification or addition of surface impoundment units that 3

result in increasing the facility's surface impoundment

storage or treatment capacity...............................

2. Replacement of a surface impoundment unit................. 3

3. Modification of a surface impoundment unit without 2

increasing the facility's surface impoundment storage or

treatment capacity and without modifying the unit's liner,

leak detection system, or leachate collection system........

4. Modification of a surface impoundment management practice. 2

5. Treatment, storage, or disposal of different wastes in

surface impoundments:

a. That require additional or different management 3

practices or different design of the liner or leak

detection system than authorized in the permit............

b. That do not require additional or different management 2

practices or different design of the liner or leak

detection system than authorized in the permit............

c. That are wastes restricted from land disposal that meet 1

the applicable treatment standards or that are treated to

satisfy the standard of ``use of practically available

technology that yields the greatest environmental

benefit'' contained in Sec. 269.8(a)(2)(ii), and

provided that the unit meets the minimum technological

requirements stated in Sec. 268.5(h)(2). This

modification is not applicable to dioxin-containing wastes

(F020, 021, 022, 023, 026, 027, and 028)..................

d. That are residues from wastewater treatment or 1

incineration, provided that disposal occurs in a unit that

meets the minimum technological requirements stated in

Sec. 268.5(h)(2), and provided further that the surface

impoundment has previously received wastes of the same

type (for example, incinerator scrubber water). This

modification is not applicable to dioxin-containing wastes

(F020, 021, 022, 023, 026, 027, and 028)..................

6. Modifications of unconstructed units to comply with Sec. *1

Sec. 264.221(c), 264.222, 264.223, and 264.226(d).........

7. Changes in response action plan:

a. Increase in action leakage rate......................... 3

b. Change in a specific response reducing its frequency or 3

effectiveness.............................................

c. Other changes........................................... 2

Note: See Sec. 270.42(g) for modification procedures to be

used for the management of newly listed or identified wastes

I. Enclosed Waste Piles. For all waste piles except those

complying with Sec. 264.250(c), modifications are treated

the same as for a landfill. The following modifications are

applicable only to waste piles complying with Sec.

264.250(c).

1. Modification or addition of waste pile units:

a. Resulting in greater than 25% increase in the facility's 3

waste pile storage or treatment capacity..................

b. Resulting in up to 25% increase in the facility's waste 2

pile storage or treatment capacity........................

2. Modification of waste pile unit without increasing the 2

capacity of the unit........................................

3. Replacement of a waste pile unit with another waste pile 1

unit of the same design and capacity and meeting all waste

pile conditions in the permit...............................

4. Modification of a waste pile management practice.......... 2

5. Storage or treatment of different wastes in waste piles:

a. That require additional or different management 3

practices or different design of the unit.................

b. That do not require additional or different management 2

practices or different design of the unit.................

6. Conversion of an enclosed waste pile to a containment 2

building unit...............................................

Note: See Sec. 270.42(g) for modification procedures to be

used for the management of newly listed or identified wastes.

J. Landfills and Unenclosed Waste Piles

1. Modification or addition of landfill units that result in 3

increasing the facility's disposal capacity.................

2. Replacement of a landfill................................. 3

3. Addition or modification of a liner, leachate collection 3

system, leachate detection system, run-off control, or final

cover system................................................

4. Modification of a landfill unit without changing a liner, 2

leachate collection system, leachate detection system, run-

off control, or final cover system..........................

5. Modification of a landfill management practice............ 2

6. Landfill different wastes:

a. That require additional or different management 3

practices, different design of the liner, leachate

collection system, or leachate detection system...........

b. That do not require additional or different management 2

practices, different design of the liner, leachate

collection system, or leachate detection system...........

c. That are wastes restricted from land disposal that meet 1

the applicable treatment standards or that are treated to

satisfy the standard of ``use of practically available

technology that yields the greatest environmental

benefit'' contained in Sec. 268.8(a)(2)(ii), and

provided that the landfill unit meets the minimum

technological requirements stated in Sec. 268.5(h)(2).

This modification is not applicable to dioxin-containing

wastes (F020, 021, 022, 023, 026, 027, and 028)...........

d. That are residues from wastewater treatment or 1

incineration, provided that disposal occurs in a landfill

unit that meets the minimum technological requirements

stated in Sec. 268.5(h)(2), and provided further that

the landfill has previously received wastes of the same

type (for example, incinerator ash). This modification is

not applicable to dioxin-containing wastes (F020, 021,

022, 023, 026, 027, and 028)..............................

7. Modifications of unconstructed units to comply with Sec. *1

Sec. 264.251(c), 264.252, 264.253, 264.254(c), 264.301(c),

264.302, 264.303(c), and 264.304............................

[[Page 360]]

8. Changes in response action plan:

a. Increase in action leakage rate......................... 3

b. Change in a specific response reducing its frequency or 3

effectiveness.............................................

c. Other changes........................................... 2

Note: See Sec. 270.42(g) for modification procedures to be

used for the management of newly listed or identified wastes.

K. Land Treatment

1. Lateral expansion of or other modification of a land 3

treatment unit to increase areal extent.....................

2. Modification of run-on control system..................... 2

3. Modify run-off control system............................. 3

4. Other modifications of land treatment unit component 2

specifications or standards required in permit..............

5. Management of different wastes in land treatment units:

a. That require a change in permit operating conditions or 3

unit design specifications................................

b. That do not require a change in permit operating 2

conditions or unit design specifications..................

Note: See Sec. 270.42(g) for modification procedures to be

used for the management of newly listed or identified wastes

6. Modification of a land treatment unit management practice

to:

a. Increase rate or change method of waste application..... 3

b. Decrease rate of waste application...................... 1

7. Modification of a land treatment unit management practice 2

to change measures of pH or moisture content, or to enhance

microbial or chemical reactions.............................

8. Modification of a land treatment unit management practice 3

to grow food chain crops, to add to or replace existing

permitted crops with different food chain crops, or to

modify operating plans for distribution of animal feeds

resulting from such crops...................................

9. Modification of operating practice due to detection of 3

releases from the land treatment unit pursuant to Sec.

264.278(g)(2)...............................................

10. Changes in the unsaturated zone monitoring system, 3

resulting in a change to the location, depth, number of

sampling points, or replace unsaturated zone monitoring

devices or components of devices with devices or components

that have specifications different from permit requirements.

11. Changes in the unsaturated zone monitoring system that do 2

not result in a change to the location, depth, number of

sampling points, or that replace unsaturated zone monitoring

devices or components of devices with devices or components

having specifications different from permit requirements....

12. Changes in background values for hazardous constituents 2

in soil and soil-pore liquid................................

13. Changes in sampling, analysis, or statistical procedure.. 2

14. Changes in land treatment demonstration program prior to 2

or during the demonstration.................................

15. Changes in any condition specified in the permit for a \1\ 1

land treatment unit to reflect results of the land treatment

demonstration, provided performance standards are met, and

the Director's prior approval has been received.............

16. Changes to allow a second land treatment demonstration to \1\ 1

be conducted when the results of the first demonstration

have not shown the conditions under which the wastes can be

treated completely, provided the conditions for the second

demonstration are substantially the same as the conditions

for the first demonstration and have received the prior

approval of the Director....................................

17. Changes to allow a second land treatment demonstration to 3

be conducted when the results of the first demonstration

have not shown the conditions under which the wastes can be

treated completely, where the conditions for the second

demonstration are not substantially the same as the

conditions for the first demonstration......................

18. Changes in vegetative cover requirements for closure..... 2

L. Incinerators, Boilers, and Industrial Furnaces:

1. Changes to increase by more than 25% any of the following 3

limits authorized in the permit: A thermal feed rate limit,

a feedstream feed rate limit, a chlorine/chloride feed rate

limit, a metal feed rate limit, or an ash feed rate limit.

The Director will require a new trial burn to substantiate

compliance with the regulatory performance standards unless

this demonstration can be made through other means..........

2. Changes to increase by up to 25% any of the following 2

limits authorized in the permit: A thermal feed rate limit,

a feedstream feed rate limit, a chlorine/chloride feed rate

limit, a metal feed rate limit, or an ash feed rate limit.

The Director will require a new trial burn to substantiate

compliance with the regulatory performance standards unless

this demonstration can be made through other means..........

3. Modification of an incinerator, boiler, or industrial 3

furnace unit by changing the internal size or geometry of

the primary or secondary combustion units, by adding a

primary or secondary combustion unit, by substantially

changing the design of any component used to remove HCl/Cl2,

metals, or particulate from the combustion gases, or by

changing other features of the incinerator, boiler, or

industrial furnace that could affect its capability to meet

the regulatory performance standards. The Director will

require a new trial burn to substantiate compliance with the

regulatory performance standards unless this demonstration

can be made through other means.............................

4. Modification of an incinerator, boiler, or industrial 2

furnace unit in a manner that would not likely affect the

capability of the unit to meet the regulatory performance

standards but which would change the operating conditions or

monitoring requirements specified in the permit. The

Director may require a new trial burn to demonstrate

compliance with the regulatory performance standards........

5. Operating requirements:...................................

a. Modification of the limits specified in the permit for 3

minimum or maximum combustion gas temperature, minimum

combustion gas residence time, oxygen concentration in the

secondary combustion chamber, flue gas carbon monoxide and

hydrocarbon concentration, maximum temperature at the

inlet to the particulate matter emission control system,

or operating parameters for the air pollution control

system. The Director will require a new trial burn to

substantiate compliance with the regulatory performance

standards unless this demonstration can be made through

other means...............................................

[[Page 361]]

b. Modification of any stack gas emission limits specified 3

in the permit, or modification of any conditions in the

permit concerning emergency shutdown or automatic waste

feed cutoff procedures or controls........................

c. Modification of any other operating condition or any 2

inspection or recordkeeping requirement specified in the

permit....................................................

6. Burning different wastes:.................................

a. If the waste contains a POHC that is more difficult to 3

burn than authorized by the permit or if burning of the

waste requires compliance with different regulatory

performance standards than specified in the permit. The

Director will require a new trial burn to substantiate

compliance with the regulatory performance standards

unless this demonstration can be made through other means.

b. If the waste does not contain a POHC that is more 2

difficult to burn than authorized by the permit and if

burning of the waste does not require compliance with

different regulatory performance standards than specified

in the permit.............................................

Note: See Sec. 270.42(g) for modification procedures to be

used for the management of newly listed or identified wastes

7. Shakedown and trial burn:

a. Modification of the trial burn plan or any of the permit 2

conditions applicable during the shakedown period for

determining operational readiness after construction, the

trial burn period, or the period immediately following the

trial burn................................................

b. Authorization of up to an additional 720 hours of waste \1\1

burning during the shakedown period for determining

operational readiness after construction, with the prior

approval of the Director..................................

c. Changes in the operating requirements set in the permit \1\1

for conducting a trial burn, provided the change is minor

and has received the prior approval of the Director.......

d. Changes in the ranges of the operating requirements set \1\1

in the permit to reflect the results of the trial burn,

provided the change is minor and has received the prior

approval of the Director..................................

8. Substitution of an alternative type of nonhazardous waste 1

fuel that is not specified in the permit....................

9. Technology Changes Needed to meet Standards under 40 CFR \1\ 1

part 63 (Subpart EEE--National Emission Standards for

Hazardous Air Pollutants From Hazardous Waste Combustors),

provided the procedures of Sec. 270.42(j) are followed.

10. Changes to RCRA permit provisions needed to support

transition to 40 CFR part 63 (Subpart EEE--National Emission

Standards for Hazardous Air Pollutants From Hazardous Waste

Combustors), provided the procedures of Sec. 270.42(k) are

followed.

M. Containment Buildings.

1. Modification or addition of containment building units:

a. Resulting in greater than 25% increase in the facility's 3

containment building storage or treatment capacity..........

b. Resulting in up to 25% increase in the facility's 2

containment building storage or treatment capacity..........

2. Modification of a containment building unit or secondary 2

containment system without increasing the capacity of the unit

3. Replacement of a containment building with a containment

building that meets the same design standards provided:

a. The unit capacity is not increased........................ 1

b. The replacement containment building meets the same 1

conditions in the permit....................................

4. Modification of a containment building management practice.. 2

5. Storage or treatment of different wastes in containment

buildings:

a. That require additional or different management practices. 3

b. That do not require additional or different management 2

practices...................................................

N. Corrective Action:

1. Approval of a corrective action management unit pursuant 3

to Sec. 264.552...........................................

2. Approval of a temporary unit or time extension for a 2

temporary unit pursuant to Sec. 264.553...................

3. Approval of a staging pile or staging pile operating term 2

extension pursuant to Sec. 264.554........................

O. Burden Reduction

1. Approval of reduced inspection frequency for Performance

Track member facilities for:

a. Tanks systems pursuant to Sec. 264.195.................. \1\ 1

b. Containers pursuant to Sec. 264.174..................... \1\ 1

c. Containment buildings pursuant to Sec. 264.1101(c)(4)... \1\ 1

d. Areas subject to spills pursuant to Sec. 264.15(b)(4)... \1\ 1

2. Development of one contingency plan based on Integrated 1

Contingency Plan Guidance pursuant to Sec. 264.52(b)........

3. Changes to recordkeeping and reporting requirements pursuant 1

to: Sec. Sec. 264.56(i), 264.343(a)(2), 264.1061(b)(1),(d),

264.1062(a)(2), 264.196(f), 264.100(g), and 264.113(e)(5)

4. Changes to inspection frequency for tank systems pursuant to 1

Sec. 264.195(b)

5. Changes to detection and compliance monitoring program 1

pursuant to Sec. Sec. 264.98(d), (g)(2), and (g)(3),

264.99(f), and (g)

------------------------------------------------------------------------

\1\ Class 1 modifications requiring prior Agency approval.

[53 FR 37936, Sept. 28, 1988]

Editorial Note: For Federal Register citations affecting Sec.

270.42, see the List of CFR Sections Affected, which appears in the

Finding Aids section of the printed volume and on GPO Access.

[[Page 362]]