| (ii) this notice of hearing shall provide that an affected
person may request an evidentiary hearing on issuance of the temporary
authorization.
(8) If the executive director or the commission fails
to make one of the decisions specified in paragraph (7) of this subsection
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 Chapter 335, Subchapter E of this title (relating
to Interim Standards for Owners and Operators of Hazardous Waste Treatment,
Storage, or Disposal Facilities). If the commission approves, with
or without changes, or denies any modification request during the
term of the temporary authorization issued pursuant to paragraph (6)
or (7) of this subsection, such action cancels the temporary authorization.
The commission is the sole authority for approving or denying the
modification request during the term of the temporary authorization.
If the executive director or the commission approves, with or without
changes, or if the commission denies the modification request during
the term of the automatic authorization provided for in this paragraph,
such action cancels the automatic authorization.
(9) In the case of an automatic authorization under
paragraph (8) of this subsection, or a temporary authorization under
paragraph (6)(D) or (7)(D) of this subsection, if the executive director
or the commission 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 all persons listed in §39.413 of this title,
and make a reasonable effort to notify other persons who submitted
written comments on the modification request, that:
(A) the permittee has been authorized temporarily to
conduct the activities described in the permit modification request;
and
(B) unless the executive director or the commission
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.
(10) If the owner/operator fails to notify the public
by the date specified in paragraph (9) of this subsection, the effective
date of the permanent authorization will be deferred until 50 days
after the owner/operator notifies the public.
(11) Except as provided in paragraph (13) of this subsection,
if the executive director or the commission does not finally approve
or deny a modification request before the end of the automatic or
temporary authorization period or reclassify the modification as Class
3 modification, the permittee is authorized to conduct the activities
described in the permit modification request for the life of the permit
unless amended or modified later under §305.62 of this title
(relating to Amendments) or this section. 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 Chapter 335, Subchapter E of this title.
(12) In the processing of each Class 2 modification
request which is subsequently approved or denied by the executive
director or the commission in accordance with paragraph (6) or (7)
of this subsection, or each Class 2 modification request for which
a temporary authorization is issued in accordance with subsection
(f) of this section or a reclassification to a Class 3 modification
is made in accordance with paragraph (6)(C) or (7)(C) of this subsection,
the executive director must consider all written comments submitted
to the agency during the public comment period and must respond in
writing to all significant comments.
(13) With the written consent of the permittee, the
executive director may extend indefinitely or for a specified period
the time periods for final approval or denial of a Class 2 modification
request or for reclassifying a modification as Class 3.
(14) The commission or the executive director may change
the terms of, and the commission may deny a Class 2 permit modification
request under paragraphs (6) - (8) of this subsection for any of the
following reasons:
(A) the modification request is incomplete;
(B) the requested modification does not comply with
the appropriate requirements of Chapter 335, Subchapter F of this
title (relating to Permitting Standards for Owners and Operators of
Hazardous Waste Treatment, Storage, or Disposal Facilities) or other
applicable requirements; or
(C) the conditions of the modification fail to protect
human health and the environment.
(15) 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 executive director establishes
a later date for commencing construction and informs the permittee
in writing before the 60th day.
(d) Class 3 modifications of solid waste permits.
(1) For Class 3 modifications listed in Appendix I
of subsection (k) of this section, the permittee must submit a modification
request to the executive director that:
(A) describes the exact change to be made to the permit
conditions and supporting documents referenced by the permit;
(B) identifies that the modification is a Class 3 modification;
(C) explains why the modification is needed; and
(D) provides the applicable information in the form
and manner specified in §1.5(d) of this title and §§305.41
- 305.45 and 305.47 - 305.53 of this title; and Subchapter Q of this
chapter (relating to Permits for Boilers and Industrial Furnaces Burning
Hazardous Waste).
(2) The permittee must send a notice of the modification
request by first-class mail to all persons listed in §39.413
of this title and must cause this notice to be published 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 evidence of the mailing and publication
of the notice shall be provided to the executive director. The notice
shall include the following:
(A) all information required by §39.411 of this
title (relating to Text of Public Notice);
(B) announcement of a 60-day comment period, and the
name and address of an agency contact person to whom comments must
be sent;
(C) announcement of the date, time, and place for a
public meeting on the modification request, to be held in accordance
with paragraph (4) of this subsection;
(D) name and telephone number of the permittee's contact
person;
(E) name and telephone number of an agency contact
person;
(F) identification of the location where copies of
the modification request and any supporting documents can be viewed
and copied; and
(G) 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
(2) of this subsection 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 person identified
in the public notice.
(6) After the conclusion of the 60-day comment period,
the permit modification request shall be granted or denied in accordance
with the applicable requirements of Chapter 39 of this title (relating
to Public Notice), Chapter 50 of this title (relating to Action on
Applications and Other Authorizations), and Chapter 55 of this title
(relating to Requests for Reconsideration and Contested Case Hearings;
Public Comment). When a permit is modified, only the conditions subject
to modification are reopened.
(7) Except as otherwise required by Chapter 39 of this
title, the notice requirements in this section do not apply to Class
3 modification applications for industrial or hazardous waste facility
permits that are declared administratively complete on or after September
1, 1999.
(e) Other modifications.
Cont'd... |
