[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: 40CFR270.63]



[Page 367-368]

 

                   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 F_Special Forms of Permits

 

Sec.  270.63  Permits for land treatment demonstrations using field test 

or laboratory analyses.



    (a) For the purpose of allowing an owner or operator to meet the 

treatment demonstration requirements of Sec.  264.272 of this chapter, 

the Director may issue a treatment demonstration



[[Page 368]]



permit. The permit must contain only those requirements necessary to 

meet the standards in Sec.  264.272(c). The permit may be issued either 

as a treatment or disposal permit covering only the field test or 

laboratory analyses, or as a two-phase facility permit covering the 

field tests, or laboratory analyses, and design, construction operation 

and maintenance of the land treatment unit.

    (1) The Director may issue a two-phase facility permit if he finds 

that, based on information submitted in part B of the application, 

substantial, although incomplete or inconclusive, information already 

exists upon which to base the issuance of a facility permit.

    (2) If the Director finds that not enough information exists upon 

which he can establish permit conditions to attempt to provide for 

compliance with all of the requirements of subpart M, he must issue a 

treatment demonstration permit covering only the field test or 

laboratory analyses.

    (b) If the Director finds that a phased permit may be issued, he 

will establish, as requirements in the first phase of the facility 

permit, conditions for conducting the field tests or laboratory 

analyses. These permit conditions will include design and operating 

parameters (including the duration of the tests or analyses and, in the 

case of field tests, the horizontal and vertical dimensions of the 

treatment zone), monitoring procedures, post-demonstration clean-up 

activities, and any other conditions which the Director finds may be 

necessary under Sec.  264.272(c). The Director will include conditions 

in the second phase of the facility permit to attempt to meet all 

subpart M requirements pertaining to unit design, construction, 

operation, and maintenance. The Director will establish these conditions 

in the second phase of the permit based upon the substantial but 

incomplete or inconclusive information contained in the part B 

application.

    (1) The first phase of the permit will be effective as provided in 

Sec.  124.15(b) of this chapter.

    (2) The second phase of the permit will be effective as provided in 

paragraph (d) of this section.

    (c) When the owner or operator who has been issued a two-phase 

permit has completed the treatment demonstration, he must submit to the 

Director a certification, signed by a person authorized to sign a permit 

application or report under Sec.  270.11, that the field tests or 

laboratory analyses have been carried out in accordance with the 

conditions specified in phase one of the permit for conducting such 

tests or analyses. The owner or operator must also submit all data 

collected during the field tests or laboratory analyses within 90 days 

of completion of those tests or analyses unless the Director approves a 

later date.

    (d) If the Director determines that the results of the field tests 

or laboratory analyses meet the requirements of Sec.  264.272 of this 

chapter, he will modify the second phase of the permit to incorporate 

any requirements necessary for operation of the facility in compliance 

with part 264, subpart M, of this chapter, based upon the results of the 

field tests or laboratory analyses.

    (1) This permit modification may proceed under Sec.  270.42, or 

otherwise will proceed as a modification under Sec.  270.41(a)(2). If 

such modifications are necessary, the second phase of the permit will 

become effective only after those modifications have been made.

    (2) If no modifications of the second phase of the permit are 

necessary, the Director will give notice of his final decision to the 

permit applicant and to each person who submitted written comments on 

the phased permit or who requested notice of the final decision on the 

second phase of the permit. The second phase of the permit then will 

become effective as specified in Sec.  124.15(b).



[48 FR 14228, Apr. 1, 1983, as amended at 53 FR 37939, Sept. 28, 1988]