| (a) Applicability. This section applies only to modifications
to industrial and hazardous solid waste permits. Modifications to
municipal solid waste permits are covered in §305.70 of this
title (relating to Municipal Solid Waste Permit and Registration Modifications).
(b) Class I modifications of solid waste permits.
(1) Except as provided in paragraph (2) of this subsection,
the permittee may put into effect Class 1 modifications listed in
Appendix I of subsection (k) of this section under the following conditions:
(A) the permittee must notify the executive director
concerning the modification by certified mail or other means that
establish proof of delivery within seven calendar days after the change
is put into effect. This notification 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 notification,
the permittee must provide the applicable information in the form
and manner specified in §1.5(d) of this title (relating to Records
of the Agency), §§305.41 - 305.45 and 305.47 - 305.53 of
this title (relating to Applicability; Application Required; Who Applies;
Signatories to Applications; Contents of Application for Permit; Retention
of Application Data; Additional Contents of Applications for Wastewater
Discharge Permits; Additional Contents of Application for an Injection
Well Permit; Additional Requirements for an Application for a Hazardous
or Industrial Solid Waste Permit and for a Post-Closure Order; Revision
of Applications for Hazardous Waste Permits; Waste Containing Radioactive
Materials; and Application Fee), Subchapter I of this chapter (relating
to Hazardous Waste Incinerator Permits), and Subchapter J of this
chapter (relating to Permits for Land Treatment Demonstrations Using
Field Tests or Laboratory Analyses);
(B) the permittee must send notice of the modification
request by first-class mail to all persons listed in §39.413
of this title (relating to Mailed Notice). This notification must
be made within 90 calendar days after the change is put into effect.
For the Class 1 modifications that require prior executive director
approval, the notification must be made within 90 calendar days after
the executive director approves the request; and
(C) any person may request the executive director to
review, and the executive director may for cause reject, any Class
1 modification. The executive 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 of subsection (k) of this section by a superscript 1 may be made
only with the prior written approval of the executive director.
(3) For a Class 1 permit modification, the permittee
may elect to follow the procedures in subsection (c) of this section
for Class 2 modifications instead of the Class 1 procedures. The permittee
must inform the executive director of this decision in the notification
required in subsection (c)(1) of this section.
(c) Class 2 modifications of solid waste permits.
(1) For Class 2 modifications, which are 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 the modification as a Class 2 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;
(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 the permittee must provide to the
executive director evidence of the mailing and publication. The notice
must include:
(A) announcement of a 60-day comment period, in accordance
with paragraph (5) of this subsection, and the name and address of
an agency contact to whom comments must be sent;
(B) announcement of the date, time, and place for a
public meeting to be held in accordance with paragraph (4) of this
subsection;
(C) name and telephone number of the permittee's contact
person;
(D) name and telephone number of an agency contact
person;
(E) location where copies of the modification request
and any supporting documents can be viewed and copied; and
(F) 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 identified in the
public notice.
(6) No later than 90 days after receipt of the modification
request, subparagraphs (A), (B), (C), (D), or (E) of this paragraph
must be met, subject to §50.133 of this title (relating to Executive
Director Action on Application), as follows:
(A) the executive director or the commission must approve
the modification request, with or without changes, and modify the
permit accordingly;
(B) the commission must deny the request;
(C) the commission or the executive director must determine
that the modification request must follow the procedures in subsection
(d) of this section for Class 3 modifications for either of the following
reasons:
(i) there is significant public concern about the proposed
modification; or
(ii) the complex nature of the change requires the
more extensive procedures of a Class 3 modification; or
(D) the commission must approve the modification request,
with or without changes, as a temporary authorization having a term
of up to 180 days, in accordance with the following public notice
requirements:
(i) notice of a hearing on the temporary authorization
shall be given not later than the 20th day before the hearing on the
authorization; and
(ii) this notice of hearing shall provide that an affected
person may request an evidentiary hearing on issuance of the temporary
authorization; or
(E) the executive director must notify the permittee
that the executive director or the commission will decide on the request
within the next 30 days.
(7) If the executive director notifies the permittee
of a 30-day extension for a decision, then no later than 120 days
after receipt of the modification request, subparagraphs (A), (B),
(C), or (D) of this paragraph must be met, subject to §50.133
of this title, as follows:
(A) the executive director or the commission must approve
the modification request, with or without changes, and modify the
permit accordingly;
(B) the commission must deny the request;
(C) the commission or the executive director must determine
that the modification request must follow the procedures in subsection
(d) of this section for Class 3 modifications for either of the following
reasons:
(i) there is significant public concern about the proposed
modification; or
(ii) the complex nature of the change requires the
more extensive procedures of a Class 3 modification; or
(D) the commission must approve the modification request,
with or without changes, as a temporary authorization having a term
of up to 180 days, in accordance with the following public notice
requirements:
(i) notice of a hearing on the temporary authorization
shall be given not later than the 20th day before the hearing on the
authorization; and
Cont'd... |
