[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: 40CFR124.31]

[Page 288-289]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 124_PROCEDURES FOR DECISIONMAKING--Table of Contents
 
        Subpart B_Specific Procedures Applicable to RCRA Permits
 
Sec.  124.31  Pre-application public meeting and notice.

    Source: 60 FR 63431, Dec. 11, 1995, unless otherwise noted.


    (a) Applicability. The requirements of this section shall apply to 
all RCRA part B applications seeking initial permits for hazardous waste 
management units over which EPA has permit issuance authority. The 
requirements of this section shall also apply to RCRA part B 
applications seeking renewal of permits for such units, where the 
renewal application is proposing a significant change in facility 
operations. For the purposes of this section, a ``significant change'' 
is any change that would qualify as a class 3 permit modification under 
40 CFR 270.42. For the purposes of this section only, ``hazardous waste 
management units over which EPA has permit issuance authority'' refers 
to hazardous waste management units for which the State where the units 
are located has not been authorized to issue RCRA permits pursuant to 40 
CFR part 271. The requirements of this section shall also apply to 
hazardous waste management facilities for which facility owners or 
operators are seeking coverage under a RCRA standardized permit (see 40 
part 270, subpart J), including renewal of a standardized permit for 
such units, where the renewal is proposing a significant change in 
facility operations, as defined at Sec.  124.211(c). The requirements of 
this section do not apply to permit modifications under 40 CFR 270.42 or 
to applications that are submitted for the sole purpose of conducting 
post-closure activities or post-closure activities and corrective action 
at a facility.
    (b) Prior to the submission of a part B RCRA permit application for 
a facility, or to the submission of a written Notice of Intent to be 
covered by a RCRA standardized permit (see 40 CFR part 270, subpart J), 
the applicant must hold at least one meeting with the public in order to 
solicit questions from the community and inform the community of 
proposed hazardous waste management activities. The applicant shall

[[Page 289]]

post a sign-in sheet or otherwise provide a voluntary opportunity for 
attendees to provide their names and addresses.
    (c) The applicant shall submit a summary of the meeting, along with 
the list of attendees and their addresses developed under paragraph (b) 
of this section, and copies of any written comments or materials 
submitted at the meeting, to the permitting agency as a part of the part 
B application, in accordance with 40 CFR 270.14(b), or with the written 
Notice of Intent to be covered by a RCRA standardized permit (see 40 CFR 
part 270, subpart J).
    (d) The applicant must provide public notice of the pre-application 
meeting at least 30 days prior to the meeting. The applicant must 
maintain, and provide to the permitting agency upon request, 
documentation of the notice.
    (1) The applicant shall provide public notice in all of the 
following forms:
    (i) A newspaper advertisement. The applicant shall publish a notice, 
fulfilling the requirements in paragraph (d)(2) of this section, in a 
newspaper of general circulation in the county or equivalent 
jurisdiction that hosts the proposed location of the facility. In 
addition, the Director shall instruct the applicant to publish the 
notice in newspapers of general circulation in adjacent counties or 
equivalent jurisdictions, where the Director determines that such 
publication is necessary to inform the affected public. The notice must 
be published as a display advertisement.
    (ii) A visible and accessible sign. The applicant shall post a 
notice on a clearly marked sign at or near the facility, fulfilling the 
requirements in paragraph (d)(2) of this section. If the applicant 
places the sign on the facility property, then the sign must be large 
enough to be readable from the nearest point where the public would pass 
by the site.
    (iii) A broadcast media announcement. The applicant shall broadcast 
a notice, fulfilling the requirements in paragraph (d)(2) of this 
section, at least once on at least one local radio station or television 
station. The applicant may employ another medium with prior approval of 
the Director.
    (iv) A notice to the permitting agency. The applicant shall send a 
copy of the newspaper notice to the permitting agency and to the 
appropriate units of State and local government, in accordance with 
Sec.  124.10(c)(1)(x).
    (2) The notices required under paragraph (d)(1) of this section must 
include:
    (i) The date, time, and location of the meeting;
    (ii) A brief description of the purpose of the meeting;
    (iii) A brief description of the facility and proposed operations, 
including the address or a map (e.g., a sketched or copied street map) 
of the facility location;
    (iv) A statement encouraging people to contact the facility at least 
72 hours before the meeting if they need special access to participate 
in the meeting; and
    (v) The name, address, and telephone number of a contact person for 
the applicant.

[60 FR 63431, Dec. 11, 1995, as amended at 70 FR 53449, Sept. 8, 2005]