[Code of Federal Regulations]
[Title 40, Volume 21]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR124.206]

[Page 301-302]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 124_PROCEDURES FOR DECISIONMAKING--Table of Contents
 
            Subpart G_Procedures for RCRA Standardized Permit
 
Sec.  124.206  In what situations may I require a facility owner or operator to apply for an individual permit?

    (a) Cases where you may determine that a facility is not eligible 
for the standardized permit include, but are not limited to, the 
following:
    (1) The facility does not meet the criteria in Sec.  124.201.
    (2) The facility has a demonstrated history of significant non-
compliance with regulations or permit conditions.
    (3) The facility has a demonstrated history of submitting incomplete 
or deficient permit application information.
    (4) The facility has submitted an incomplete or inadequate materials 
with the Notice of Intent.
    (b) If you determine that a facility is not eligible for the 
standardized permit, you must inform the facility owner or operator that 
they must apply for an individual permit.
    (c) You may require any facility that has a standardized permit to 
apply for and obtain an individual RCRA permit. Any interested person 
may petition

[[Page 302]]

you to take action under this paragraph. Cases where you may require an 
individual RCRA permit include, but are not limited to, the following:
    (1) The facility is not in compliance with the terms and conditions 
of the standardized RCRA permit.
    (2) Circumstances have changed since the time the facility owner or 
operator applied for the standardized permit, so that the facility's 
hazardous waste management practices are no longer appropriately 
controlled under the standardized permit.
    (d) You may require any facility authorized by a standardized permit 
to apply for an individual RCRA permit only if you have notified the 
facility owner or operator in writing that an individual permit 
application is required. You must include in this notice a brief 
statement of the reasons for your decision, a statement setting a 
deadline for the owner or operator to file the application, and a 
statement that, on the effective date of the individual RCRA permit, the 
facility's standardized permit automatically terminates. You may grant 
additional time upon request from the facility owner or operator.
    (e) When you issue an individual RCRA permit to an owner or operator 
otherwise subject to a standardized RCRA permit, the standardized permit 
for their facility will automatically cease to apply on the effective 
date of the individual permit.

 Opportunities for Public Involvement in the Standardized Permit Process