CONSOLIDATED CHECKLIST C9

	EPA Administered Permit Programs:  The Hazardous Waste
	Permit Program; Procedures for Decision Making
	40 CFR Parts 270 and 124 as of December 31, 2002

Notes:  
1)  States need not use a two-part permit application process.  The State application process must, however, require information in sufficient detail to satisfy the requirements of '' 270.13 through 270.29.

2)  Note that this checklist uses "@",  "#", and A U@ in the left margin as special footnoting symbols.  These symbols are defined at the end of this checklist.

3)  This Consolidated Checklist corresponds to the 40 CFR Part 270 and 124, published on July 1, 2002, and as amended by the following final rules: 67 FR 77692, December 19, 2002 (Revision Checklist 202)  

	
FEDERAL REQUIREMENTS	
CHECKLIST
REFERENCE	
FEDERAL RCRA CITATION	
ANALOGOUS STATE CITATION	
STATE ANALOG IS:	
					
EQUIV-ALENT	
LESS
STRIN-
GENT	
MORE STRIN-GENT	
BROADER IN SCOPE	

PART 270 - EPA ADMINISTERED PERMIT PROGRAMS:
THE HAZARDOUS WASTE PERMIT PROGRAM	

SUBPART A - GENERAL INFORMATION	

PURPOSE AND SCOPE OF THESE REGULATIONS	

o/o permit and post-closure permit requirements	
V, 44 G, H61,174	
270.1(c)	

	

	
facilities for which RCRA permits are required	
V	
270.1(c)(1)	

	

			
270.1(c)(1)(i)	

	

			
270.1(c)(1)(ii)	

	

			
270.1(c)(1)(iii)	

	

H,,	
persons not required to obtain a RCRA permit	
V	
270.1(c)(2)	

	

		
V,23	
270.1(c)(2)(i)	

	

		
V,48	
270.1(c)(2)(ii)	

	

		
V	
270.1(c)(2)(iii)	

	

			
270.1(c)(2)(iv)	

	

			
270.1(c)(2)(v)	

	

			
270.1(c)(2)(vi)	

	

			
270.1(c)(2)(vii)	

	

		
142 A	
270.1(c)(2)(viii)	

	

		
142 B	
270.1(c)(2)(viii)(A)	

	

		
142 C, H181	
270.1(c)(2)(viii)(B)	

	

		
142 D, H181	
270.1(c)(2)(viii)(C)	

	

		
H181	
270.1(c)(2)(viii)(D)	

	

H	
further exclusions from RCRA permit requirements	
V	
270.1(c)(3)(i)	

	

			
270.1(c)(3)(i)(A)	

	

			
270.1(c)(3)(i)(B)	

	

			
270.1(c)(3)(i)(C)	

	

		
156	
270.1(c)(3)(i)(D)	

	

		
V	
270.1(c)(3)(ii)	

	

		
156	
270.1(c)(3)(iii)	

	

H	
permits for less than an entire facility	
V	
270.1(c)(4)	

	

	
post-closure permit unless closure by removal or decontamination; how demonstration may be made:	
44 G	
270.1(c)(5)	

	

			
270.1(c)(5)(i)	

	

		
H44 G	
270.1(c)(5)(ii)	

	

			
270.1(c)(5)(ii)(A)	

	

			
270.1(c)(5)(ii)(B)	

	

	
procedures for closure equivalency determination; public hearing; written statement if closure fails standards; subject to post-closure permitting requirements	
44 G	
270.1(c)(6)(i)	

	

			
270.1(c)(6)(ii)	

	

			
270.1(c)(6)(iii)	

	

	
enforceable documents for post-closure care; at Regional Administrator's discretion, owner/operator may obtain enforceable document imposing 265.121 requirements in lieu of post-closure permit; definition of enforceable document 	
174	
270.1(c)(7)	

	

	
DEFINITIONS	

applicability to Parts 270, 271 and 124	
*	
270.2(intro)	

	

	
"Administrator"	
*	
270.2	

	

	
"application"	
*	
270.2	

	

	
"aquifer"	
*	
270.2	

	

	
"closure"	
*	
270.2	

	

H	
"component"	
54	
270.2	

	

H	
"corrective action management unit"	
121	
270.2	

	

	
"CWA"	
*	
270.2	

	

	
"Director"	
*	
270.2	

	

	
"disposal"	
*	
270.2	

	

	
"disposal facility"	
*,H121	
270.2	

	

	
"draft permit"	
*	
270.2	

	

	
"elementary neutralization unit"	
*,52	
270.2	

	

			
270.2(a)	

	

			
270.2(b)	

	

	
"emergency permit"	
*	
270.2	

	

	
"Environmental Protection Agency (EPA)"	
*	
270.2	

	

	
"EPA"	
*	
270.2	

	

	
"existing hazardous waste management (HWM) facility or existing facility"	
*	
270.2	

	

			
270.2(a)	

	

			
270.2(b)(1)	

	

			
270.2(b)(2)	

	

H	
"facility mailing list"	
54,148	
270.2	

	

	
"facility or activity"	
*	
270.2	

	

	
"Federal, State and local approvals or permits necessary to begin physical construction"	
*	
270.2	

	

H	
"functionally equivalent component"	
54	
270.2	

	

	
"generator"	
*	
270.2	

	

	
"ground water"	
*	
270.2	

	

	
"hazardous waste"	
*	
270.2	

	

	
"Hazardous Waste Management facility"	
*	
270.2	

	

	
"HWM facility"	
*	
270.2	

	

	
"injection well"	
*	
270.2	

	

	
"in operation"	
*	
270.2	

	

	
"interim authorization"	
*,144	
270.2	

	

	
"major facility"	
*	
270.2	

	

	
"manifest"	
*	
270.2	

	

	
"National Pollutant Discharge Elimination System"	
*	
270.2	

	

	
"NPDES"	
*	
270.2	

	

	
"new HWM facility"	
*	
270.2	

	

	
"off-site"	
*	
270.2	

	

	
"on-site"	
*	
270.2	

	

	
"owner or operator"	
*	
270.2	

	

	
"permit"	
*	
270.2	

	

	
"permit-by-rule"	
*	
270.2	

	

	
"person"	
*	
270.2	

	

	
"physical construction"	
*	
270.2	

	

	
"POTW"	
*	
270.2	

	

	
"publicly owned treatment works"	
*	
270.2	

	

	
"RCRA"	
*	
270.2	

	

	
"Regional Administrator"	
*	
270.2	

	

H	
ARemedial Action Plan (RAP)@	
175	
270.2	

	

	
"schedule of compliance"	
*	
270.2	

	

	
"SDWA"	
*	
270.2	

	

	
"site"	
*	
270.2	

	

	
"State"	
*	
270.2	

	

	
"State Director"	
*	
270.2	

	

	
"State/EPA Agreement"	
*	
270.2	

	

	
"storage"	
*	
270.2	

	

	
"transfer facility"	
*	
270.2	

	

	
"transporter"	
*	
270.2	

	

	
"treatment"	
*	
270.2	

	

	
"UIC"	
*	
270.2	

	

	
"underground injection"	
*	
270.2	

	

	
"underground source of drinking water (USDW)"	
*	
270.2	

	

			
270.2(a)(1)	

	

			
270.2(a)(2)	

	

			
270.2(a)(2)(i)	

	

			
270.2(a)(2)(ii)	

	

			
270.2(b)	

	

	
"USDW"	
*	
270.2	

	

	
"wastewater treatment unit"	
*,52	
270.2	

	

			
270.2(a)	

	

			
270.2(b)	

	

			
270.2(c)	

	

	
EFFECT OF A PERMIT	

,	
effects of compliance with RCRA permit	
V,44 E,H54,100	
270.4(a)	

	

			
270.4(a)(1)	

	

		
V,44 E,H54,100,154	
270.4(a)(2)	

	

		
100,154	
270.4(a)(3)	

	

		
154	
270.4(a)(4)	

	

	
property rights or exclusive privilege not conveyed by permit	
V	
270.4(b)	

	

#	
permit does not authorize injury/infringement	
*	
270.4(c)	

	

	
NONCOMPLIANCE AND PROGRAM REPORTING BY THE DIRECTOR	

preparation and submittal of reports by Director	
V	
270.5	

	

	
quarterly reports for major facilities	
V	
270.5(a)	

	

	
format of quarterly reports	
V	
270.5(a)(1)	

	

			
270.5(a)(1)(i)	

	

			
270.5(a)(1)(ii)	

	

			
270.5(a)(1)(iii)	

	

			
270.5(a)(1)(iii)(A)	

	

			
270.5(a)(1)(iii)(B)	

	

			
270.5(a)(1)(iii)(C)	

	

			
270.5(a)(1)(iii)(D)	

	

			
270.5(a)(1)(iii)(E)	

	

@	
instances of noncompliance to be reported in quarterly reports	
V	
270.5(a)(2)	

	

			
270.5(a)(2)(i)	

	

			
270.5(a)(2)(ii)	

	

			
270.5(a)(2)(iii)	

	

			
270.5(a)(2)(iv)	

	

			
270.5(a)(2)(v)	

	

			
270.5(a)(2)(v)(A)	

	

			
270.5(a)(2)(v)(B)	

	

			
270.5(a)(2)(v)(C)	

	

			
270.5(a)(2)(vi)	

	

@	
annual reports	
V	
270.5(b)(1)	

	

		
V,H1	
270.5(b)(2)	

	

@	
schedule	
V	
270.5(c)	

	

	
REFERENCES	

publications incorporated by reference	
*,11,35,126	
270.6(a)	

	

	
available at Office of the Federal Register; approved by director; incorporation and changes	
*	
270.6(b)	

	

	
SUBPART B - PERMIT APPLICATION	

GENERAL APPLICATION REQUIREMENTS	

	permit application	
V,17 P,H17 Q	
270.10(a)	

	

	
who applies/signs	
V	
270.10(b)	

	

@	
completeness	
V,17 P,H17 S,H61	
270.10(c)	

	

	
information requirements	
V	
270.10(d)	

	

	
when existing HWM facilities must submit Part A of their permit application	
V,H17 P	
270.10(e)(1)	

	

		
V	
270.10(e)(1)(i)	

	

			
270.10(e)(1)(ii)	

	

		
23	
270.10(e)(1)(iii)	

	

	
extension of Part A due date using Federal Register	
V	
270.10(e)(2)	

	

	
Part A due date extension using RCRA 3008 compliance order	
V	
270.10(e)(3)	

	

	
submission of Part B	
V,17 P,144	
270.10(e)(4)	

	

	
failure to furnish a Part B	
V	
270.10(e)(5)	

	

	
permits for new HWM facilities	
V,17 M	
270.10(f)(1)	

	

		
V,144	
270.10(f)(2)	

	

		
V,17 M,H17 M	
270.10(f)(3)	

	

	
updating permit applications	
V,144	
270.10(g)(1)	

	

		
V,144	
270.10(g)(1)(i)	

	

		
V,144	
270.10(g)(1)(ii)	

	

		
V,144	
270.10(g)(1)(iii)	

	

		
V	
270.10(g)(2)	

	

	
permit reapplications	
V	
270.10(h)	

	

	
record keeping	
V	
270.10(i)	

	

	
exposure information must be included in Part B application after August 8, 1985	
17 S	
270.10(j)(1)	

	

			
270.10(j)(1)(i)	

	

			
270.10(j)(1)(ii)	

	

			
270.10(j)(1)(iii)	

	

			
270.10(j)(2)	

	

	
information for permit conditions	
44 F	
270.10(k)	

	

	
SIGNATORIES TO PERMIT APPLICATIONS AND REPORTS	

who should sign permit applications	
V	
270.11(a)	

	

		
V,H2	
270.11(a)(1)	

	

			
270.11(a)(1)(i)	

	

			
270.11(a)(1)(ii)	

	

		
V	
270.11(a)(2)	

	

		
V,H2	
270.11(a)(3)	

	

			
270.11(a)(3)(i)	

	

			
270.11(a)(3)(ii)	

	

	
who should sign reports	
V	
270.11(b)	

	

			
270.11(b)(1)	

	

			
270.11(b)(2)	

	

			
270.11(b)(3)	

	

	
changes to authorization	
V	
270.11(c)	

	

,	
certification by signatories	
V,H2,H175	
270.11(d)(1)	

	

H	
RAPs under 270 subpart H, owner may make the  certification at 270.11(d)(2) instead of 270.11(d)(1); certification statement 	
175	
270.11(d)(2)	

	

	
CONFIDENTIALITY OF INFORMATION	

#	
confidential business information claims	
*	
270.12(a)	

	

@	
denial of claims	
V	
270.12(b)	

	

	
CONTENTS OF PART A OF THE PERMIT APPLICATION	

#

#

#

#

#

#	
information which must be included in Part A of the permit application	
*	
270.13	

	

			
270.13(a)	

	

		
V	
270.13(b)	

	

		
*	
270.13(c)	

	

			
270.13(d)	

	

		
V	
270.13(e)	

	

		
*	
270.13(f)	

	

		
V	
270.13(g)	

	

			
270.13(h)	

	

			
270.13(h)(1)&(2)	

	

			
270.13(i)	

	

			
270.13(j)	

	

			
270.13(k)	

	

			
270.13(k)(1)-(9)	

	

		
*	
270.13(l)	

	

			
270.13(m)	

	

	
for hazardous debris; description of debris category(ies) and contaminant category(ies) to be treated, stored or disposed of at facility	
109	
270.13(n)	

	

9	
CONTENTS OF PART B:  GENERAL REQUIREMENTS	

#	
general information requirements; specific requirements as in 270.14-270.29; compliance with Part 264 standards; case-by-case allowances; 270.11 requirements; registered professional engineer certification	
*,175	
270.14(a)	

	

	
general information required for all HWM facilities:	
V	
270.14(b)	

	

	
general facility description	
V	
270.14(b)(1)	

	

	
chemical and physical analyses	
V,109	
270.14(b)(2)	

	

	
copy of waste analysis plan	
V	
270.14(b)(3)	

	

	
description of security procedures and equipment	
V	
270.14(b)(4)	

	

	
copy of general inspection schedule	
V,28,45,59,79,154,163	
270.14(b)(5)	

	

	
justification of waiver(s) request for preparedness and prevention	
V	
270.14(b)(6)	

	

	
copy of contingency plan	
V,14	
270.14(b)(7)	

	

	description of various procedures, structures or equipment used at the facility to prevent emergencies/hazardous waste releases	
V	
270.14(b)(8)	

	

			
270.14(b)(8)(i)	

	

			
270.14(b)(8)(ii)	

	

			
270.14(b)(8)(iii)	

	

		
V,79	
270.14(b)(8)(iv)	

	

			
270.14(b)(8)(v)	

	

		
79	
270.14(b)(8)(vi)	

	

	
description of precautions to prevent accidental ignition or reaction of wastes	
V	
270.14(b)(9)	

	

	
traffic pattern, volume and control	
V	
270.14(b)(10)	

	

	
facility location information; seismic standard; political jurisdiction	
V	
270.14(b)(11)(i)	

	

	
demonstration of compliance with the seismic standard; information to be submitted, what it must show:	
V	
270.14(b)(11)(ii)	

	

	
no displacement in Holocene time; what the information must show	
V	
270.14(b)(11)(ii)(A)	

	

			
270.14(b)(11)(ii)(A)(1)	

	

			
270.14(b)(11)(ii)(A)(2)	

	

			
270.14(b)(11)(ii)(A)(3)	

	

			
270.14(b)(11)(ii)(A)(4)	

	

	
requirement that no faults pass within 200 feet of treatment, storage, or disposal activities if faults within 3,000 feet of facility have had Holocene displacement	
V	
270.14(b)(11)(ii)(B)	

	

	
100-year flood plain identification requirement	
V	
270.14(b)(11)(iii)	

	

	
information requirements for facilities located in the 100-year flood plain	
V	
270.14(b)(11)(iv)	

	

			
270.14(b)(11)(iv)(A)	

	

			
270.14(b)(11)(iv)(B)	

	

			
270.14(b)(11)(iv)(C)	

	

			
270.14(b)(11)(iv)(C)(1)	

	

			
270.14(b)(11)(iv)(C)(2)	

	

			
270.14(b)(11)(iv)(C)(3)	

	

			
270.14(b)(11)(iv)(C)(4)	

	

	
plan and schedule for compliance with 264.18(b)	
V	
270.14(b)(11)(v)	

	

	
outline of introductory and continuing training programs	
V	
270.14(b)(12)	

	

	
specific inclusion requirements for closure and post-closure plans	
V,28,45,59	
270.14(b)(13)	

	

	
documentation that notices under 264.119 have been filed	
V,24	
270.14(b)(14)	

	

	
most recent closure cost estimate under 264.142; financial assurance documentation under 264.143	
V,24	
270.14(b)(15)	

	

	
most recent closure cost estimate under 264.144; financial assurance documentation under 264.145	
V,24	
270.14(b)(16)	

	

	
copy of insurance policy; compliance with 264.147	
V	
270.14(b)(17)	

	

	
proof of coverage by a State financial mechanism	
V	
270.14(b)(18)	

	

	
topographic map requirements and specifications	
V	
270.14(b)(19)	

	

	
what the topographic map must specifically show	
V	
270.14(b)(19)(i)	

	

			
270.14(b)(19)(ii)	

	

			
270.14(b)(19)(iii)	

	

			
270.14(b)(19)(iv)	

	

			
270.14(b)(19)(v)	

	

			
270.14(b)(19)(vi)	

	

			
270.14(b)(19)(vii)	

	

			
270.14(b)(19)(viii)	

	

			
270.14(b)(19)(ix)	

	

			
270.14(b)(19)(x)	

	

			
270.14(b)(19)(xi)	

	

			
270.14(b)(19)(xii)	

	

	
submittal of information to Regional Administrator as necessary	
V	
270.14(b)(20)	

	

	
copy of notice of approval for extension under 268.5 or petition under 268.6	
34	
270.14(b)(21)	

	

	
summary of pre-application meeting, a list of the attendees and their addresses, and copies of any written comments or materials submitted at the meeting, as required under 124.31(c)	
148	
270.14(b)(22)	

	

	
additional information requirements for protection of groundwater	
V,44 A	
270.14(c)	

	

	
summary of groundwater monitoring data	
V	
270.14(c)(1)	

	

	
identification of aquifers	
V	
270.14(c)(2)	

	

	
additional topographic map requirements	
V	
270.14(c)(3)	

	

	
description of contamination plume that has entered ground water	
V	
270.14(c)(4)	

	

	
plume delineated on topographic map	
V	
270.14(c)(4)(i)	

	

	
identification of Part 264, Appendix IX constituents	
V,40	
270.14(c)(4)(ii)	

	

	
description of proposed groundwater monitoring program	
V	
270.14(c)(5)	

	

	
establish a detection monitoring program to meet 264.98 requirements	
V	
270.14(c)(6)	

	

			
270.14(c)(6)(i)	

	

			
270.14(c)(6)(ii)	

	

			
270.14(c)(6)(iii)	

	

			
270.14(c)(6)(iv)	

	

	
establish a compliance monitoring program to meet 264.99 requirements	
V,38	
270.14(c)(7)	

	

	
items to be addressed to demonstrate compliance with 264.99	
V	
270.14(c)(7)(i)	

	

			
270.14(c)(7)(ii)	

	

			
270.14(c)(7)(iii)	

	

			
270.14(c)(7)(iv)	

	

			
270.14(c)(7)(v)	

	

			
270.14(c)(7)(vi)	

	

	
if hazardous constituents in ground water exceed 264.94 limits, additional information to establish corrective action program; when information is not required	
V	
270.14(c)(8)	

	

			
270.14(c)(8)(i)	

	

			
270.14(c)(8)(ii)	

	

			
270.14(c)(8)(iii)	

	

			
270.14(c)(8)(iv)	

	

		
V,38	
270.14(c)(8)(v)	

	

	
information required for solid waste management units	
44 A	
270.14(d)	

	

			
270.14(d)(1)	

	

			
270.14(d)(1)(i)	

	

			
270.14(d)(1)(ii)	

	

			
270.14(d)(1)(iii)	

	

			
270.14(d)(1)(iv)	

	

			
270.14(d)(1)(v)	

	

	
hazardous waste release information	
44 A	
270.14(d)(2)	

	

	
RCRA Facility Assessment information	
44 A	
270.14(d)(3)	

	

	
SPECIFIC PART B INFORMATION REQUIREMENTS FOR CONTAINERS	

additional information requirements	
V	
270.15	

	

	
what containment system description must show for compliance with 264.175	
V	
270.15(a)	

	

			
270.15(a)(1)	

	

			
270.15(a)(2)	

	

			
270.15(a)(3)	

	

			
270.15(a)(4)	

	

			
270.15(a)(5)	

	

	
if no free liquids, what demonstration of compliance with 264.175(c) must include	
V	
270.15(b)	

	

			
270.15(b)(1)	

	

			
270.15(b)(2)	

	

	
compliance with 264.176 and 264.177(c)	
V	
270.15(c)	

	

	
compliance with 264.177(a)&(b) and 264.17(b)&(c)	
V	
270.15(d)	

	

	
information on air emission control equipment as required in 270.27	
154	
270.15(e)	

	

	
SPECIFIC PART B INFORMATION REQUIREMENTS FOR TANK SYSTEMS	

information facility owners/operators using tanks must provide	
V,28	
270.16	

	

	
written, certified assessment of each tank system	
V,28	
270.16(a)	

	

	
dimensions and capacity of each tank	
V,28	
270.16(b)	

	

	description of feed systems, safety cutoff bypass systems, and pressure controls	
V,28	
270.16(c)	

	

	
diagram of piping, instrumentation, and process flow for each tank system	
V,28	
270.16(d)	

	

	
description of external corrosion protection	
V,28	
270.16(e)	

	

	
description of new tank installation	
V,28	
270.16(f)	

	

	
plans and description of secondary containment systems	
14,28	
270.16(g)	

	

	
information requirements for systems for which a variance from 264.193 will be sought	
28	
270.16(h)	

	

			
270.16(h)(1)	

	

			
270.16(h)(2)	

	

	
description of controls and practices to prevent spills and overflows	
28	
270.16(i)	

	

	
description of design and operation of tank systems handling ignitable, reactive, or incompatible wastes	
28	
270.16(j)	

	

	
information on air emission control equipment as required in 270.27	
154	
270.16(k)	

	

	
SPECIFIC PART B INFORMATION REQUIREMENTS FOR SURFACE IMPOUNDMENTS	

information required from facility owner/operator using surface impoundments:	
V	
270.17	

	

	
list of hazardous wastes	
V	
270.17(a)	

	

	
detailed plans and an engineering report; 264.19, 264.221, 264.222, and 264.223 items which must be addressed	
V,100	
270.17(b)	

	

		
V	
270.17(b)(1)	

	

		
100	
270.17(b)(2)	

	

			
270.17(b)(3)	

	

			
270.17(b)(4)	

	

			
270.17(b)(5)	

	

		
V,100	
270.17(b)(6)	

	

			
270.17(b)(7)	

	

	
description of inspections	
V,100	
270.17(c)	

	

13	
certification by qualified engineer regarding structural integrity of each dike	
V	
270.17(d)	

	

13	
description of procedures for removal from service	
V	
270.17(e)	

	

13	
description of residue and contaminated material removal procedures or compliance with 264.228(a)(2)&(b)	
V	
270.17(f)	

	

13	
ignitable or reactive wastes, compliance with 264.229	
V	
270.17(g)	

	

13	
incompatible wastes, compliance with 264.230	
V	
270.17(h)	

	

13	
waste management plan for F020, F021, F022, F023, F026 and F027 wastes	
14	
270.17(i)	

	

			
270.17(i)(1)	

	

			
270.17(i)(2)	

	

			
270.17(i)(3)	

	

			
270.17(i)(4)	

	

	
information on air emission control equipment as required in 270.27	
154	
270.17(j)	

	

	
SPECIFIC PART B INFORMATION REQUIREMENTS FOR WASTE PILES	

additional information requirements for facility owners/operators using waste piles for hazardous wastes	
V	
270.18	

	

	
list of hazardous wastes placed or to be placed in waste pile	
V	
270.18(a)	

	

	
requirements if exemption is sought	
V	
270.18(b)	

	

	
detailed plans and an engineering report; 264.19, 264.251, 264.252, and 264.253 items which must be addressed	
V,100	
270.18(c)	

	

			
270.18(c)(1)(i)	

	

		
100	
270.18(c)(1)(ii)	

	

			
270.18(c)(1)(iii)	

	

			
270.18(c)(1)(iv)	

	

			
270.18(c)(1)(v)	

	

		
V	
270.18(c)(2)	

	

			
270.18(c)(3)	

	

			
270.18(c)(4)	

	

			
270.18(c)(5)	

	

	
description of inspections	
V,100	
270.18(d)	

	

16	
treatment done on or in pile, details of process and equipment used	
V	
270.18(e)	

	

16	
ignitable or reactive wastes, compliance with 264.256	
V	
270.18(f)	

	

16	
incompatible wastes, compliance with 264.257	
V	
270.18(g)	

	

16	
description of removal procedures or compliance with 264.310(a)&(b)	
V	
270.18(h)	

	

16	
waste management plan for F020, F021, F022, F023, F026 and F027 wastes	
14	
270.18(i)	

	

			
270.18(i)(1)	

	

			
270.18(i)(2)	

	

			
270.18(i)(3)	

	

			
270.18(i)(4)	

	

	
SPECIFIC PART B INFORMATION REQUIREMENTS FOR INCINERATORS	

,	
incinerators of hazardous waste must meet 270.19(a),(b)&(c), except as 264.340 and 270.19(e) provide otherwise	
V,H182	
270.19 intro	

	

	
requirements when seeking an exemption under 264.340(b) or (c)	
V	
270.19(a)	

	

			
270.19(a)(1)	

	

			
270.19(a)(2)	

	

			
270.19(a)(3)	

	

			
270.19(a)(4)	

	

	
trial burn in accordance with 270.62	
V	
270.19(b)	

	

	
requirements in lieu of a trial burn; submit specified information:	
V	
270.19(c)	

	

	
analysis of each waste or mixture of wastes	
V	
270.19(c)(1)	

	

			
270.19(c)(1)(i)	

	

			
270.19(c)(1)(ii)	

	

		
V,126	
270.19(c)(1)(iii)	

	

			
270.19(c)(1)(iv)	

	

		
V	
270.19(c)(1)(v)	

	

	
detailed engineering description of incinerator	
V	
270.19(c)(2)	

	

			
270.19(c)(2)(i)	

	

			
270.19(c)(2)(ii)	

	

			
270.19(c)(2)(iii)	

	

			
270.19(c)(2)(iv)	

	

			
270.19(c)(2)(v)	

	

			
270.19(c)(2)(vi)	

	

			
270.19(c)(2)(vii)	

	

			
270.19(c)(2)(viii)	

	

			
270.19(c)(2)(ix)	

	

			
270.19(c)(2)(x)	

	

	
comparison of waste data; what data must include 	
V	
270.19(c)(3)	

	

	
comparison of design and operating conditions	
V	
270.19(c)(4)	

	

	
results from previously conducted trial burn(s)	
V	
270.19(c)(5)	

	

			
270.19(c)(5)(i)	

	

			
270.19(c)(5)(ii)	

	

	
expected incinerator operation information to demonstrate compliance with 264.343 and 264.345	
V	
270.19(c)(6)	

	

			
270.19(c)(6)(i)	

	

			
270.19(c)(6)(ii)	

	

			
270.19(c)(6)(iii)	

	

			
270.19(c)(6)(iv)	

	

			
270.19(c)(6)(v)	

	

			
270.19(c)(6)(vi)	

	

			
270.19(c)(6)(vii)	

	

			
270.19(c)(6)(viii)	

	

			
270.19(c)(6)(ix)	

	

	
supplemental information, as Director finds necessary	
V	
270.19(c)(7)	

	

	
waste analysis data	
V	
270.19(c)(8)	

	

	
approval of permit application without a trial burn	
V	
270.19(d)	

	

			
270.19(d)(1)	

	

			
270.19(d)(2)	

	

H,17	
when compliance with air emission standards & limitations demonstrated, 270.19 does not apply; except provisions determined necessary to compliance with 264.345(a) & (c) if you elect to comply with 270.235(a)(1)(i) to minimize emissions from startup, shutdown, and malfunction events; Director may apply 270.19 on case-by-case basis for information collection	
182, 197, 202	
270.19(e)	

	

	
SPECIFIC PART B INFORMATION REQUIREMENTS FOR LAND TREATMENT FACILITIES	

additional information requirements for facilities that use land treatment	
V	
270.20	

	

	
description of plans for treatment demonstration	
V	
270.20(a)	

	

	
wastes and potential hazardous constituents	
V	
270.20(a)(1)	

	

	
data sources to be used	
V	
270.20(a)(2)	

	

	
information related to specific laboratory or field tests	
V	
270.20(a)(3)	

	

			
270.20(a)(3)(i)	

	

			
270.20(a)(3)(ii)	

	

			
270.20(a)(3)(iii)	

	

			
270.20(a)(3)(iv)	

	

	
description of land treatment program required under 264.271	
V	
270.20(b)	

	

	
wastes to be land treated	
V	
270.20(b)(1)	

	

	
design measures and operating practices necessary to maximize treatment	
V	
270.20(b)(2)	

	

			
270.20(b)(2)(i)	

	

			
270.20(b)(2)(ii)	

	

			
270.20(b)(2)(iii)	

	

			
270.20(b)(2)(iv)	

	

	
provisions for unsaturated zone monitoring	
V	
270.20(b)(3)	

	

			
270.20(b)(3)(i)	

	

			
270.20(b)(3)(ii)	

	

			
270.20(b)(3)(iii)	

	

			
270.20(b)(3)(iv)	

	

			
270.20(b)(3)(v)	

	

			
270.20(b)(3)(vi)	

	

			
270.20(b)(3)(vii)	

	

	
list of hazardous constituents expected to be in or derived from wastes land treated	
V	
270.20(b)(4)	

	

	
proposed dimensions of treatment zone	
V	
270.20(b)(5)	

	

	
description of how unit will meet 264.273 requirements; what submission must address	
V	
270.20(c)	

	

			
270.20(c)(1)	

	

			
270.20(c)(2)	

	

			
270.20(c)(3)	

	

			
270.20(c)(4)	

	

			
270.20(c)(5)	

	

			
270.20(c)(6)	

	

	
food-chain crops and description of how required 264.276(a) demonstration will be conducted	
V	
270.20(d)	

	

			
270.20(d)(1)	

	

			
270.20(d)(2)	

	

			
270.20(d)(3)	

	

			
270.20(d)(4)	

	

	
presence of cadmium	
V	
270.20(e)	

	

	
vegetative cover and maintenance plan during post-closure	
V	
270.20(f)	

	

	
ignitable or reactive wastes; meeting 264.281	
V	
270.20(g)	

	

	
incompatible wastes; meeting 264.282;	
V	
270.20(h)	

	

	
waste management plan for F020, F021, F022, F023, F026 and F027 wastes	
14	
270.20(i)	

	

			
270.20(i)(1)	

	

			
270.20(i)(2)	

	

			
270.20(i)(3)	

	

			
270.20(i)(4)	

	

	
SPECIFIC PART B INFORMATION REQUIREMENTS FOR LANDFILLS	

additional information requirements for facilities using landfills	
V	
270.21	

	

	
list of hazardous wastes to be placed in each landfill or landfill cell	
V	
270.21(a)	

	

	
detailed plans and engineering report for landfill; 264.19, 264.301, 264.302, and 264.303 items which must be addressed	
V,100	
270.21(b)	

	

			
270.21(b)(1)(i)	

	

		
100	
270.21(b)(1)(ii)	

	

			
270.21(b)(1)(iii)	

	

			
270.21(b)(1)(iv)	

	

			
270.21(b)(1)(v)	

	

		
V	
270.21(b)(2)	

	

			
270.21(b)(3)	

	

			
270.21(b)(4)	

	

			
270.21(b)(5)	

	

	
if exemption from Subpart F, Part 264, then detailed plan and engineering report explaining specifically listed items	
V	
270.21(c)	

	

20	
description of inspections	
V,100	
270.21(d)	

	

	
description of cover and maintenance procedures during post closure; closure/post-closure plans	
V	
270.21(e)	

	

	
ignitable or reactive wastes, meeting 264.312	
V	
270.21(f)	

	

	
incompatible wastes meeting 264.313	
V	
270.21(g)	

	

	
liquid waste or wastes containing free liquids prior to May 8, 1985; meeting 264.314(a)	
V,17 F	
270.21(h)	

	

	
containers of hazardous waste, meeting 264.315 or 264.316	
V	
270.21(i)	

	

	
waste management plan for F020, F021, F022, F023, F026, and F027	
14	
270.21(j)	

	

			
270.21(j)(1)	

	

			
270.21(j)(2)	

	

			
270.21(j)(3)	

	

			
270.21(j)(4)	

	

	
SPECIFIC PART B INFORMATION REQUIREMENTS FOR BOILERS AND INDUSTRIAL FURNACES BURNING HAZARDOUS WASTE	

H,	
when cement or lightweight aggregate kiln complies with air emission standards & limitations in part 63, subpart EEE, 270.22 requirements do not apply; except provisions determined necessary to compliance with 266.102(e)(1) and 266.102(e)(2)(iii) if you elect to comply with 270.235(a)(1)(i) to minimize emissions from startup, shutdown, and malfunction; Director may apply 270.22 on case-by-case basis for information collection	
182, 197, 202	
270.22 intro	

	

	
owners and operators subject to 266.104-266.107 must conduct a trial burn and must submit a trial burn plan or results in accordance with 270.66	
85	
270.22(a)(1)	

	

	
waiver of trial burn to demonstrate conformance with a particular emission standard under 266.104-266.107 and 270.22(a)(2)-(a)(5)	
85	
270.22(a)(1)(i)	

	

	
data in lieu of a trial burn as 270.22(a)(6) specifies	
85	
270.22(a)(1)(ii)	

	

	
boiler owners and operators seeking to be permitted under 266.104(a)(4) and 266.110 must submit documentation showing boiler compliance with special operating requirements at 266.110; trial burn waived	
85	
270.22(a)(2)(i)	

	

	
information that must be submitted for boilers and industrial furnaces seeking to be permitted under the low risk waste provisions of 266.104(a)(5) and 266.109(a) without a trial burn	
85	
270.22(a)(2)(ii)	

	

			
270.22(a)(2)(ii)(A)	

	

		
85,94	
270.22(a)(2)(ii)(B)	

	

			
270.22(a)(2)(ii)(C)	

	

		
85	
270.22(a)(2)(ii)(D)	

	

			
270.22(a)(2)(ii)(E)	

	

	
information that must be submitted when seeking to be permitted under Tier I metals feed rate screening limits at 266.106(b)&(e) without a trial burn	
85	
270.22(a)(3)	

	

			
270.22(a)(3)(i)	

	

			
270.22(a)(3)(ii)	

	

			
270.22(a)(3)(iii)	

	

			
270.22(a)(3)(iv)	

	

			
270.22(a)(3)(v)	

	

			
270.22(a)(3)(vi)	

	

			
270.22(a)(3)(vii)	

	

	
when seeking to be permitted under the low risk waste provisions of 266.109(b) which waives the particulate standard, submit documentation supporting 270.22(a)(2)(ii) and (a)(3) conformance	
85	
270.22(a)(4)	

	

	
information to be submitted when seeking to be permitted under Tier I feed rate screening limits for total chloride and chlorine under 266.107(b)(1) and (e) provisions without a trial burn	
85	
270.22(a)(5)	

	

			
270.22(a)(5)(i)	

	

			
270.22(a)(5)(ii)	

	

			
270.22(a)(5)(iii)	

	

			
270.22(a)(5)(iv)	

	

			
270.22(a)(5)(v)	

	

			
270.22(a)(5)(vi)	

	

		
85,94	
270.22(a)(5)(vii)	

	

	owner or operator may seek exemption from trial burn requirements demonstrating 266.104-266.107 and 270.66 conformance by providing information from previous compliance testing of the device or compliance testing or trial burns of similar boilers or industrial furnaces; burning similar wastes under similar conditions 270.66 design and operation information required; conditions under which Director shall approve a permit application in lieu of a trial burn; additional information to be submitted	
85,94	
270.22(a)(6)	

	

	for a waiver from any trial burn:	
85	
270.22(a)(6)(i)	

	

			
270.22(a)(6)(i)(A)	

	

			
270.22(a)(6)(i)(B)	

	

			
270.22(a)(6)(i)(C)	

	

	
for a waiver of the DRE trial burn, basis for selection of POHCs used in other burns which demonstrate 266.104(a) compliance; analysis should specify 261, Appendix VIII constituents in hazardous waste for which a permit is sought and any differences from POHCs for which data are provided	
85	
270.22(a)(6)(ii)	

	

	
minimum information to be submitted for industrial furnaces with organic matter in raw materials requesting an alternative HC limit under 266.104(f)	
85,94	
270.22(b)	

	

			
270.22(b)(1)	

	

		
85	
270.22(b)(2)	

	

			
270.22(b)(3)	

	

			
270.22(b)(4)	

	

			
270.22(b)(4)(i)	

	

			
270.22(b)(4)(ii)	

	

			
270.22(b)(5)	

	

			
270.22(b)(6)	

	

	
when seeking to be permitted under 266.106(f) alternative metals implementation approach, submit documentation that ensures 266.106(c) or (d) compliance and how approach can be implemented and monitored; provide other information as Director finds necessary	
85	
270.22(c)	

	

	
describe automatic waste feed cutoff system, including any pre-alarm systems	
85	
270.22(d)	

	

	
use of direct transfer operations requires submittal of information supporting 266.111 conformance	
85	
270.22(e)	

	

	
demonstration of 266.112 conformance if claim is made that residues are excluded from regulation	
85	
270.22(f)	

	

	
SPECIFIC PART B INFORMATION REQUIREMENTS FOR MISCELLANEOUS UNITS	

additional information for facilities using miscellaneous units	
45	
270.23	

	

	
detailed description of unit	
45	
270.23(a)	

	

			
270.23(a)(1)	

	

			
270.23(a)(2)	

	

			
270.23(a)(3)	

	

	
hydrologic, geologic, and meteorologic assessments and land use maps for addressing and meeting environmental performance standards	
45	
270.23(b)	

	

	
potential exposure pathways	
45	
270.23(c)	

	

	
effectiveness of treatment	
45	
270.23(d)	

	

	
additional information, as determined by Director	
45	
270.23(e)	

	

	
SPECIFIC PART B INFORMATION REQUIREMENTS FOR PROCESS VENTS	

additional information that must be provided by owners and operators of facilities that have process vents to which Subpart AA of Part 264 applies, except as provided in 264.1	
79	
270.24	

	

	
implementation schedule as specified in 264.1033(a)(2) for facilities that cannot install a closed-vent system and control device to comply with Part 264 Subpart AA provisions on the effective date the facility becomes subject to Part 264 or Part 265 Subpart AA provisions	
79	
270.24(a)	

	

	
documentation of compliance with process vent standards in 264.1032 including:	
79	
270.24(b)	

	

	
information and data identifying all affected process vents and specific information for each vent	
79	
270.24(b)(1)	

	

	
information and data supporting estimates of vent emissions and emission reductions; estimates made using parameter values representing highest load or capacity level conditions	
79	
270.24(b)(2)	

	

	
information and data for determining if a process vent is subject to 264.1032 requirements	
79	
270.24(b)(3)	

	

	
a performance test plan as specified in 264.1035(b)(3) if applying to use certain control devices and using test data to determine efficiency or concentration	
79	
270.24(c)	

	

	
documentation of compliance with 264.1033 including:	
79	
270.24(d)	

	

	
references and sources used in preparing documentation	
79	
270.24(d)(1)	

	

	
records including dates of each compliance test required by 264.1033(k)	
79,87	
270.24(d)(2)	

	

	
design analysis and other documents that present basic control device design information; design analysis addresses vent stream characteristics and control device operation parameters as specified in 264.1035(b)(4)(iii)	
79	
270.24(d)(3)	

	

	
certification statement signed and dated by owner or operator regarding operating parameters used in design analysis	
79	
270.24(d)(4)	

	

	
certification statement signed and dated by owner or operator regarding control device meeting efficiency design specifications	
79	
270.24(d)(5)	

	

	
SPECIFIC PART B INFORMATION REQUIREMENTS FOR EQUIPMENT	

additional information that must be provided by owners and operators of facilities that have equipment to which Subpart BB of Part 264
applies, except as provided in 264.1	
79	
270.25	

	

	
for each piece of equipment to which Subpart BB of Part 264 applies:	
79	
270.25(a)	

	

	
equipment identification number and hazardous waste management unit identification	
79	
270.25(a)(1)	

	

	
approximate locations within the facility	
79	
270.25(a)(2)	

	

	
type of equipment	
79	
270.25(a)(3)	

	

	
percent by weight total organics in the hazardous waste stream at the equipment	
79	
270.25(a)(4)	

	

	
hazardous waste state at the equipment	
79	
270.25(a)(5)	

	

	
method of compliance with the standard	
79	
270.25(a)(6)	

	

	
implementation schedule as specified in 264.1033(a)(2) for facilities that cannot install a closed-vent system and control device to comply with Part 264 Subpart BB provisions on the effective date the facility becomes subject to Part 264 or Part 265 Subpart BB provisions	
79	
270.25(b)	

	

	
a performance test plan as specified in 264.1035(b)(3) if applying to use certain control devices and using test data to determine or efficiency or concentration	
79	
270.25(c)	

	

	
documentation demonstrating compliance with 264.1052 to 264.1059 equipment standards and containing records required under 264.1064; Regional Administrator may request further documentation	
79	
270.25(d)	

	

	
documentation to demonstrate compliance with 264.1060 shall include:	
79	
270.25(e)	

	

	
references and sources used in preparing documentation	
79	
270.25(e)(1)	

	

	
records, including dates, of each compliance test required by 264.1033(j)	
79,87	
270.25(e)(2)	

	

	
design analysis and other documents that present basic control device design information; design analysis addresses vent stream characteristics and control device operation parameters as specified in 264.1035(b)(4)(iii)	
79	
270.25(e)(3)	

	

	
certification statement signed and dated by owner or operator regarding operating parameters used in design analysis	
79	
270.25(e)(4)	

	

	
certification statement signed and dated by owner or operator regarding control device meeting efficiency design specifications	
79	
270.25(e)(5)	

	

21	
SPECIAL PART B INFORMATION REQUIREMENTS FOR DRIP PADS	

additional information to be provided by owners and operators of hazardous waste treatment, storage, or disposal facilities that collect, store, or treat hazardous waste on drip pads, except as otherwise provided by 264.1	
82,92	
270.26	

	

	
list of hazardous wastes placed or to be placed on each drip pad	
82,92	
270.26(a)	

	

	
detailed plans and an engineering report describing how 264.90(b)(2) will be met, if an exemption is sought to Subpart F of Part 264	
82,85,92	
270.26(b)	

	

	
detailed plans and an engineering report describing the design, construction, operation and maintenance of drip pad to meet 264.573 requirements; submission must address 264.571 items	
82,92	
270.26(c)	

	

	
design characteristics of the drip pad	
82,92	
270.26(c)(1)	

	

	
liner system	
82,92	
270.26(c)(2)	

	

	
leakage detection system	
82,92	
270.26(c)(3)	

	

	
practices designed to maintain drip pads	
82,92	
270.26(c)(4)	

	

	
associated collection system	
82,92	
270.26(c)(5)	

	

	
control of run-on to the drip pad	
82,92	
270.26(c)(6)	

	

	
control of run-off from the drip pad	
82,92	
270.26(c)(7)	

	

	
removal intervals and demonstration of sufficiency to prevent overflow	
82,92	
270.26(c)(8)	

	

	
procedures for cleaning drip pad at least once every seven days; provisions for documentation of date, time and cleaning procedure	
82,92	
270.26(c)(9)	

	

	
operating practices and procedures to minimize tracking of hazardous waste or waste constituents off the drip pad	
82,92	
270.26(c)(10)	

	

	
procedures for ensuring that treated wood from pressure and nonpressure processes is held on the drip pad until drippage has ceased; record keeping practices	
82,92	
270.26(c)(11)	

	

	
provisions for ensuring that collection and holding units for run-on and run-off control systems are emptied or managed as soon as possible after storms to maintain design capacity	
82,92	
270.26(c)(12)	

	

	
if treatment is carried out on the drip pad, details of process equipment used, and the nature and quality of residuals	
82,92	
270.26(c)(13)	

	

	
description of drip pad inspections to meet 264.573 requirements; include in 270.14(b)(5) inspection plan	
82,92	
270.26(c)(14)	

	

	
certification that drip pad design meets 264.573(a)-(f) requirements	
82,92	
270.26(c)(15)	

	

	
description of removal procedures at closure under 264.575(a); for waste not removed at closure, submittal of detailed plan and engineering report to describe compliance with 264.310(a) and (b); information should be included in closure plan and, where applicable, 270.14(b)(13) post-closure plan	
82,92	
270.26(c)(16)	

	

	
SPECIFIC PART B INFORMATION REQUIREMENTS FOR AIR EMISSION CONTROLS FOR TANKS, SURFACE IMPOUNDMENTS, AND CONTAINERS	

except as in 264.1, owners/operators of tanks, surface impoundments, or containers that use air emission controls in accordance with requirements of 264, Subpart CC, shall provide additional information: 	
154	
270.27(a)	

	

	
documentation for each floating roof cover installed on tank subject to 264.1084(d)(1) or (2) that includes information provided by owner/operator or provided by cover manufacturer or vendor describing cover design, and certification that cover meets applicable design specifications as listed in 265.1091(a)	
154	
270.27(a)(1)	

	

	
identification of each container area subject to requirements of 264, Subpart CC and certification that requirements of 270, Subpart B are met	
154	
270.27(a)(2)	

	

	
documentation for each enclosure used to control air pollutant emissions from containers in accordance with 264.1084(d)(5) or 264.1086(e)(1)(ii) that includes records for most recent set of calculations & measurements performed by owner/operator to verify that enclosure meets specification of Procedure T under 40 CFR 52.741, appendix B	
154	
270.27(a)(3)	

	

	
documentation for each floating membrane cover installed on a surface impoundment in accordance with 264.1085(c) that includes information prepared by owner/operator or provided by cover manufacturer or vendor describing cover design, and certification that cover meets specifications of 264.1085(c)(1)	
154	
270.27(a)(4)	

	

	
documentation for each closed-vent system and control device installed in accordance with 264.1087 that includes design and performance information as in 270.24(c)&(d)	
154	
270.27(a)(5)	

	

	
emissions monitoring plan for both Method 21 and control device monitoring methods; information plan shall include	
154	
270.27(a)(6)	

	

	
when owner or operator of facility subject to 265, Subpart CC cannot comply with 264, Subpart CC by date of permit issuance, schedule of implementation required under 265.1082	
154	
270.27(a)(7)	

	

	
for post-closure permits, owner/operator required to only submit information specified in 270.14(b)(1), (4)-(6), (11), (13), (14), (16), (18), and (19), (c), and (d) unless Regional Administrator determines that 270.14, 270.16 - 270.18, 270.20, or 270.21 information is necessary; owner/operator required to submit same information when alternative authority is used in lieu of post-closure permit	
174	
270.28	

	

H	
PERMIT DENIAL	

	director denial of entire permit application or as to active life of hazardous waste facility or unit	
61	
270.29	

	

	
SUBPART C - PERMIT CONDITIONS	

CONDITIONS APPLICABLE TO ALL PERMITS	

conditions that will be incorporated into all permits	
V	
270.30	

	

	
duty to comply	
V	
270.30(a)	

	

	
duty to reapply	
V	
270.30(b)	

	

	
need to halt or reduce activity not a defense	
V	
270.30(c)	

	

	
event of noncompliance with permit; permittee's responsibilities	
V,2	
270.30(d)	

	

	
proper operation and maintenance	
V	
270.30(e)	

	

	
permit actions	
V	
270.30(f)	

	

	
property rights	
V	
270.30(g)	

	

	
duty to provide information	
V	
270.30(h)	

	

	
inspection and entry	
V	
270.30(i)	

	

			
270.30(i)(1)	

	

			
270.30(i)(2)	

	

			
270.30(i)(3)	

	

			
270.30(i)(4)	

	

	
monitoring and records	
V	
270.30(j)(1)	

	

		
V,17 D,17 P	
270.30(j)(2)	

	

		
V	
270.30(j)(3)	

	

			
270.30(j)(3)(i)	

	

			
270.30(j)(3)(ii)	

	

			
270.30(j)(3)(iii)	

	

			
270.30(j)(3)(iv)	

	

			
270.30(j)(3)(v)	

	

			
270.30(j)(3)(vi)	

	

	
signatory requirements	
V	
270.30(k)	

	

	
reporting requirements; planned changes to facility	
V	
270.30(l)(1)	

	

	
planned changes resulting in non-compliance with permit; permittee may not treat, store or dispose of hazardous waste until certain specified conditions are met	
V,H54	
270.30(l)(2)	

	

		
V	
270.30(l)(2)(i)	

	

			
270.30(l)(2)(ii)(A)	

	

			
270.30(l)(2)(ii)(B)	

	

	
permit not transferable except after notice to Director; what Director may require	
V	
270.30(l)(3)	

	

	
monitoring reports	
V	
270.30(l)(4)	

	

	
submittal of reports no later than 14 days following compliance schedule date	
V	
270.30(l)(5)	

	

	
what permittee must report within 24 hours if noncompliance endangers health or the environment	
V	
270.30(l)(6)(i)	

	

			
270.30(l)(6)(i)(A)	

	

			
270.30(l)(6)(i)(B)	

	

			
270.30(l)(6)(ii)	

	

			
270.30(l)(6)(ii)(A)-(G)	

	

			
270.30(l)(6)(iii)	

	

	
submittal of manifest discrepancy report	
V	
270.30(l)(7)	

	

	
submittal of unmanifested waste report	
V	
270.30(l)(8)	

	

	
submittal of biennial report	
V,H1	
270.30(l)(9)	

	

	
submittal of other non-compliance reports	
V	
270.30(l)(10)	

	

	
submittal of other information	
V	
270.30(l)(11)	

	

	
the Director may require the permittee to establish and maintain an information repository at any time, as set forth in 124.33(b); information repository shall be governed by provisions in 124.33(c)-(f)	
148	
270.30(m)	

	

	
REQUIREMENTS FOR RECORDING AND REPORTING OF MONITORING RESULTS	

all permits shall specify:	
V	
270.31	

	

	
requirements for monitoring equipment or methods	
V	
270.31(a)	

	

	
required monitoring	
V	
270.31(b)	

	

	
applicable reporting requirements	
V	
270.31(c)	

	

	
ESTABLISHING PERMIT CONDITIONS	

@	
conditions established on a case-by-case basis	
V	
270.32(a)	

	

@	
incorporation of applicable requirements of Parts 264 and 266 through 268	
V,17 O,34	
270.32(b)(1)	

	

@	
terms and conditions considered necessary by Director to protect human health and environment	
17 O	
270.32(b)(2)	

	

#	
what an applicable requirement is	
*	
270.32(c)	

	

#	
incorporation of applicable requirements into new, reissued, modified or revoked and reissued permits	
*	
270.32(d)	

	

@	
incorporation either expressly or by reference	
V	
270.32(e)	

	

H	
SCHEDULES OF COMPLIANCE	

permit may specify a schedule of compliance	
V	
270.33(a)	

	

	
time for compliance	
V	
270.33(a)(1)	

	

	
interim requirements and dates for achievement	
V	
270.33(a)(2)	

	

			
270.33(a)(2)(i)	

	

			
270.33(a)(2)(ii)	

	

	
reporting within 14 days of scheduled dates	
V	
270.33(a)(3)	

	

#	
permit applicant or permittee may cease activities rather than continue to operate	
*	
270.33(b)	

	

	
decision to cease activities; permit modified or cease before noncompliance with schedule	
*	
270.33(b)(1)	

	

			
270.33(b)(1)(i)	

	

			
270.33(b)(1)(ii)	

	

	
cease activities before issuance of a permit; permit shall contain schedule leading to termination	
*	
270.33(b)(2)	

	

	
two schedules in permit if permittee undecided whether to cease regulated activities	
*	
270.33(b)(3)	

	

			
270.33(b)(3)(i)	

	

			
270.33(b)(3)(ii)	

	

			
270.33(b)(3)(iii)	

	

			
270.33(b)(3)(iv)	

	

	
evidence of firm public commitment	
*	
270.33(b)(4)	

	

	
SUBPART D - CHANGES TO PERMIT	

TRANSFER OF PERMITS	

transfers if modification	
V,H54	
270.40(a)	

	

H	
Class 1 modifications; requirements of Part 264, Subpart H	
54	
270.40(b)	

	

	
MODIFICATION OR REVOCATION AND REISSUANCE OF PERMITS	

#	
cause for modification or revocation and reissuance	
*,H54	
270.41	

	

#	
causes for modification but not for revocation and reissuance unless permittee requests or agrees	
*	
270.41(a)	

	

	
alterations or additions	
V	
270.41(a)(1)	

	

	
information received by Director	
V	
270.41(a)(2)	

	

	
new statutory requirements or regulations	
V,44 D,H54	
270.41(a)(3)	

	

	
modification of compliance schedules	
V	
270.41(a)(4)	

	

	
when permit reviewed under 270.50(d); Director may modify permit as necessary for compliance	
V,17 N,H54	
270.41(a)(5)	

	

	
causes for modification or revocation and reissuance	
V	
270.41(b)	

	

			
270.41(b)(1)	

	

			
270.41(b)(2)	

	

	
facility siting	
V	
270.41(c)	

	

H,	
PERMIT MODIFICATION AT THE REQUEST OF THE PERMITTEE	

putting into effect Class 1 modifications as listed in 270.42 Appendix I; conditions:	
54	
270.42(a)(1)	

	

	
notification of Director by permittee	
54	
270.42(a)(1)(i)	

	

	
to whom notice of modification must be sent and when	
54	
270.42(a)(1)(ii)	

	

	
rejection of modification by Director	
54	
270.42(a)(1)(iii)	

	

	
modifications requiring prior written approval	
54	
270.42(a)(2)	

	

	
Class 2 procedures instead of Class 1 procedures	
54	
270.42(a)(3)	

	

	
Class 2 modifications as listed in 270.42 Appendix I; what request must include:	
54	
270.42(b)(1)	

	

	
description of exact changes	
54	
270.42(b)(1)(i)	

	

	
identification of Class 2 modification	
54	
270.42(b)(1)(ii)	

	

	
why modification is needed	
54	
270.42(b)(1)(iii)	

	

	
provision of applicable information	
54	
270.42(b)(1)(iv)	

	

	
to whom notice must be sent and when; what notice must include:	
54	
270.42(b)(2)	

	

	
announcement of a 60-day comment period	
54	
270.42(b)(2)(i)	

	

	
announcement of where and when public meeting will be held	
54	
270.42(b)(2)(ii)	

	

	
name and phone number of permittee's contact person	
54	
270.42(b)(2)(iii)	

	

	
name and phone number of Agency contact person	
54	
270.42(b)(2)(iv)	

	

	
location for viewing modification request	
54	
270.42(b)(2)(v)	

	

	
availability of permittee's compliance history	
54	
270.42(b)(2)(vi)	

	

	
placement of modification request copy in vicinity of facility for public access	
54	
270.42(b)(3)	

	

	
when and where permittee must hold a public meeting	
54	
270.42(b)(4)	

	

	
public comment period	
54	
270.42(b)(5)	

	

	
requirements after receipt of modification request:	
54	
270.42(b)(6)(i)	

	

	
approve request, with or without changes	
54	
270.42(b)(6)(i)(A)	

	

	
deny request	
54	
270.42(b)(6)(i)(B)	

	

	
determine if Class 3 modification procedures are needed:	
54	
270.42(b)(6)(i)(C)	

	

	
significant public concern	
54	
270.42(b)(6)(i)(C)(1)	

	

	
complex nature of changes	
54	
270.42(b)(6)(i)(C)(2)	

	

	
approve as temporary authorization	
54	
270.42(b)(6)(i)(D)	

	

	
notify permittee that decision will be made in 30 days	
54	
270.42(b)(6)(i)(E)	

	

	
requirements if decision is extended for 30 days:	
54	
270.42(b)(6)(ii)	

	

	
approve request, with or without changes	
54	
270.42(b)(6)(ii)(A)	

	

	
deny request	
54	
270.42(b)(6)(ii)(B)	

	

	
determine if Class 3 modification procedures are needed	
54	
270.42(b)(6)(ii)(C)	

	

	
significant public concern	
54	
270.42(b)(6)(ii)(C)(1)	

	

	
complex nature of changes	
54	
270.42(b)(6)(ii)(C)(2)	

	

	
approve as temporary authorization	
54	
270.42(b)(6)(ii)(D)	

	

	
temporary or automatic authorization following failure to make decision	
54	
270.42(b)(6)(iii)	

	

	
requirements of permittee under temporary or automatic authorization:	
54	
270.42(b)(6)(iv)(A)	

	

	
temporary authorization to conduct activities as in modification request	
54	
270.42(b)(6)(iv)(A)(1)	

	

	
unless final approval or denial, authorization for life of permit	
54	
270.42(b)(6)(iv)(A)(2)	

	

	
deferment of permanent authorization if failure to notify public	
54	
270.42(b)(6)(iv)(B)	

	

	
if no final approval or denial or reclassification, authority to conduct activities as described in modification request for life of permit unless later modification	
54	
270.42(b)(6)(v)	

	

	
consideration and response to all significant comments	
54	
270.42(b)(6)(vi)	

	

	
extension of time periods for final approval, denial or reclassification as Class 3	
54	
270.42(b)(6)(vii)	

	

	
reasons to deny or change Class 2 permit modification terms:	
54	
270.42(b)(7)	

	

	
request is incomplete	
54	
270.42(b)(7)(i)	

	

	
noncompliance with appropriate requirements	
54	
270.42(b)(7)(ii)	

	

	
failure to protect human health and environment	
54	
270.42(b)(7)(iii)	

	

	
commencement of construction under Class 2	
54	
270.42(b)(8)	

	

	
requirements for Class 3 modifications listed in 270.42 Appendix I:	
54	
270.42(c)(1)	

	

	
description of exact changes	
54	
270.42(c)(1)(i)	

	

	
identification of Class 3 modification	
54	
270.42(c)(1)(ii)	

	

	
why modification is needed	
54	
270.42(c)(1)(iii)	

	

	
provision of applicable information	
54,94	
270.42(c)(1)(iv)	

	

	
to whom and when notice must be sent; what notice must include:	
54	
270.42(c)(2)	

	

	
announcement of a 60-day comment period	
54	
270.42(c)(2)(i)	

	

	
announcement of when and where public meeting will be held	
54	
270.42(c)(2)(ii)	

	

	
name and phone number of permittee's contact person	
54	
270.42(c)(2)(iii)	

	

	
name and phone number of Agency contact person	
54	
270.42(c)(2)(iv)	

	

	
location for viewing modification request	
54	
270.42(c)(2)(v)	

	

	
availability of permittee's compliance history	
54	
270.42(c)(2)(vi)	

	

	
placement of modification request copy in vicinity of facility for public access	
54	
270.42(c)(3)	

	

	
when and where permittee must hold a public meeting	
54	
270.42(c)(4)	

	

	
public comment period	
54	
270.42(c)(5)	

	

	
grant or deny modification request after public comment period; consider and respond to all significant written comments	
54	
270.42(c)(6)	

	

	
other modifications not explicitly listed in Appendix I	
54	
270.42(d)(1)	

	

	
determination of appropriate class:	
54	
270.42(d)(2)	

	

	
changes that necessitate Class 1 modifications	
54	
270.42(d)(2)(i)	

	

	
changes that necessitate Class 2 modifications	
54	
270.42(d)(2)(ii)	

	

	
variations in types and quantities of wastes managed	
54	
270.42(d)(2)(ii)(A)	

	

	
technological advancements	
54	
270.42(d)(2)(ii)(B)	

	

	
changes necessary to comply with new regulations	
54	
270.42(d)(2)(ii)(C)	

	

	
Class 3 modifications substantially alter operation	
54	
270.42(d)(2)(iii)	

	

	
granting of temporary authorizations	
54	
270.42(e)(1)	

	

	
temporary authorization may be requested for:	
54	
270.42(e)(2)(i)	

	

	
Class 2 modification meeting criteria	
54	
270.42(e)(2)(i)(A)	

	

	
Class 3 modification meeting criteria and providing improved management or treatment	
54	
270.42(e)(2)(i)(B)	

	

	
what temporary authorization request must include:	
54	
270.42(e)(2)(ii)	

	

	
description of activities	
54	
270.42(e)(2)(ii)(A)	

	

	
why temporary authorization is necessary	
54	
270.42(e)(2)(ii)(B)	

	

	
sufficient information to ensure compliance	
54	
270.42(e)(2)(ii)(C)	

	

	
to whom notice must be sent	
54	
270.42(e)(2)(iii)	

	

	
approve or deny temporary authorization quickly; basis for decision:	
54	
270.42(e)(3)	

	

	
authorized activities in compliance with Part 264	
54	
270.42(e)(3)(i)	

	

	
necessity of temporary authorization to achieve an objective:	
54	
270.42(e)(3)(ii)	

	

	
facilitate closure or corrective action activities	
54	
270.42(e)(3)(ii)(A)	

	

	
allow treatment or storage in tanks or containers, or in containment buildings	
54,109	
270.42(e)(3)(ii)(B)	

	

	
prevent disruption of ongoing activities	
54	
270.42(e)(3)(ii)(C)	

	

	
respond to sudden changes in types or quantities of wastes managed	
54	
270.42(e)(3)(ii)(D)	

	

	
facilitate protection of human health and environment	
54	
270.42(e)(3)(ii)(E)	

	

	
reissuance of temporary authorization for Class 2 or 3	
54	
270.42(e)(4)	

	

	
reissuance of Class 2 in accordance with specific paragraphs	
54	
270.42(e)(4)(i)	

	

	
reissuance of Class 3 in accordance with specific paragraph	
54	
270.42(e)(4)(ii)	

	

	
when and to whom notification of grant, denial or automatic authorization decisions must be sent	
54	
270.42(f)(1)	

	

	
appeal of grant or denial decision	
54	
270.42(f)(2)	

	

	
appeal of automatic authorization	
54	
270.42(f)(3)	

	

	
newly regulated wastes and units	
54,85	
270.42(g)	

	

	
continued authority to manage wastes listed in Part 261 or continue to manage hazardous wastes in units newly regulated as hazardous waste management units if:	
54,85,94	
270.42(g)(1)	

	

	
unit in existence as a hazardous waste facility on effective date of final rule listing or identifying waste or regulating the unit	
54,85,94	
270.42(g)(1)(i)	

	

	
submit Class 1 modification request	
54,85	
270.42(g)(1)(ii)	

	

	
in compliance with 265 and 266 standards	
54,85	
270.42(g)(1)(iii)	

	

	
for Class 2 or 3 modifications, submit complete modification request within 180 days of effective date of rule listing or identifying waste or subjecting unit to Subtitle C management requirements	
54,85,94	
270.42(g)(1)(iv)	

	

	
certification that land disposal units are in compliance within 12 months	
54,85	
270.42(g)(1)(v)	

	

	
expansions are not under 25 percent capacity limit for Class 2 modifications	
54	
270.42(g)(2)	

	

	
if listed conditions met, permittee may accept military munitions even when permit conditions bar acceptance of off-site waste	
156	
270.42(h)	

	

		
156	
270.42(h)(1)	

	

		
156	
270.42(h)(2)	

	

		
156	
270.42(h)(3)	

	

27	
maintenance and notice of updated list of permit modifications	
54,156	
270.42(i)	

	

 U,,
 	
combustion facility changes to meet part 63 MACT standards; procedures  apply to hazardous waste combustion facility permit modifications requested under Appendix I of 270.42, section L(9)	
H168	
270.42(j)	

	

		
H168, 188, 198	
270.42(j)(1)	

	

		
H168	
270.42(j)(2)	

	

29	
270.42(k) through 270.42(p) removed	
34,H39,54	
270.42(k)-(p)	

	

H,,	
Appendix I; classification of modifications	
54,61,64,78,83,85,94,100,109,H121,124,H168,H175, H182	
270.42, Appendix I	

	

	
TERMINATION OF PERMITS	

causes for terminating a permit	
V	
270.43(a)	

	

			
270.43(a)(1)	

	

			
270.43(a)(2)	

	

			
270.43(a)(3)	

	

@	
Director shall follow applicable Part 124 or State procedures	
V	
270.43(b)	

	

	
SUBPART E - EXPIRATION AND CONTINUATION OF PERMITS	

DURATION OF PERMITS	

@	
maximum ten-year term	
V	
270.50(a)	

	

@	
no extension of maximum term by modification except as 270.51 provides	
V	
270.50(b)	

	

H	
permit for less than full term	
V	
270.50(c)	

	

	
five-year review for land disposal facility permits	
17 N	
270.50(d)	

	

	
SUBPART F - SPECIAL FORMS OF PERMITS	

H	
PERMITS BY RULE	

RCRA permit by rule if listed conditions are met	
*	
270.60	

	

	
ocean disposal barges or vessels; specific conditions:	
V	
270.60(a)	

	

	
permit under Part 220	
V	
270.60(a)(1)	

	

	
compliance with conditions of that permit	
V	
270.60(a)(2)	

	

	
compliance with specified hazardous waste regulations	
V	
270.60(a)(3)	

	

			
270.60(a)(3)(i)	

	

			
270.60(a)(3)(ii)	

	

			
270.60(a)(3)(iii)	

	

			
270.60(a)(3)(iv)	

	

			
270.60(a)(3)(v)	

	

			
270.60(a)(3)(vi)	

	

	
injection wells; specific conditions:	
V	
270.60(b)	

	

	
permit under Part 144 or 145	
V	
270.60(b)(1)	

	

	
compliance with permit conditions and 144.14 requirements	
V	
270.60(b)(2)	

	

	
conditions for UIC permits issued after November 8, 1984	
17 L	
270.60(b)(3)	

	

		
44 C	
270.60(b)(3)(i)	

	

			
270.60(b)(3)(ii)	

	

	
publicly owned treatment works; specific conditions:	
V	
270.60(c)	

	

	
NPDES permit	
V	
270.60(c)(1)	

	

	
compliance with conditions of permit	
V	
270.60(c)(2)	

	

	
compliance with specified regulations	
V	
270.60(c)(3)	

	

			
270.60(c)(3)(i)	

	

			
270.60(c)(3)(ii)	

	

			
270.60(c)(3)(iii)	

	

			
270.60(c)(3)(iv)	

	

			
270.60(c)(3)(v)	

	

			
270.60(c)(3)(vi)	

	

		
17 L	
270.60(c)(3)(vii)	

	

	
waste meets all pretreatment requirements	
V	
270.60(c)(4)	

	

H	
EMERGENCY PERMITS	

temporary emergency permit	
V	
270.61(a)	

	

	
nonpermitted facility	
V	
270.61(a)(1)	

	

	
permitted facility	
V	
270.61(a)(2)	

	

	
conditions of emergency permit	
V	
270.61(b)(1)	

	

			
270.61(b)(2)	

	

			
270.61(b)(3)	

	

			
270.61(b)(4)	

	

		
V,148	
270.61(b)(5)	

	

		
V	
270.61(b)(5)(i)	

	

			
270.61(b)(5)(ii)	

	

			
270.61(b)(5)(iii)	

	

			
270.61(b)(5)(iv)	

	

			
270.61(b)(5)(v)	

	

			
270.61(b)(6)	

	

H	
HAZARDOUS WASTE INCINERATOR PERMITS	

17	
when compliance with air emission standards & limitations in part 63, subpart EEE is demonstrated, 270.62 requirements do not apply; except provisions determined necessary to ensure compliance with 264.345(a) and 266.345(c) if you elect to comply with 270.235(a)(1)(i) to minimize emissions from startup, shutdown, and malfunction; Director may apply 270.62 on case-by-case basis for information collection	
182, 197, 202 	
270.62 intro	

	

	
permit conditions to determine operational readiness; trial burn; permit modification	
V,H54	
270.62(a)	

	

	
submittal of statement with Part B for compliance with 264.343	
V	
270.62(a)(1)	

	

	
review and specifications by Director	
V	
270.62(a)(2)	

	

	
permit conditions during trial burn	
V	
270.62(b)	

	

	
trial burn plan, Part B	
V	
270.62(b)(1)	

	

	
trial burn plan must include:	
V	
270.62(b)(2)	

	

	
analysis of each waste or mixture of waste	
V	
270.62(b)(2)(i)	

	

			
270.62(b)(2)(i)(A)	

	

			
270.62(b)(2)(i)(B)	

	

		
V,126	
270.62(b)(2)(i)(C)	

	

			
270.62(b)(2)(i)(D)	

	

	
detailed engineering description	
V	
270.62(b)(2)(ii)	

	

			
270.62(b)(2)(ii)(A)	

	

			
270.62(b)(2)(ii)(B)	

	

			
270.62(b)(2)(ii)(C)	

	

			
270.62(b)(2)(ii)(D)	

	

			
270.62(b)(2)(ii)(E)	

	

			
270.62(b)(2)(ii)(F)	

	

			
270.62(b)(2)(ii)(G)	

	

			
270.62(b)(2)(ii)(H)	

	

			
270.62(b)(2)(ii)(I)	

	

			
270.62(b)(2)(ii)(J)	

	

	
detailed description of sampling and monitoring procedures	
V	
270.62(b)(2)(iii)	

	

	
detailed test schedule for each waste	
V	
270.62(b)(2)(iv)	

	

	
detailed test protocol	
V	
270.62(b)(2)(v)	

	

	
emission control equipment description	
V	
270.62(b)(2)(vi)	

	

	
rapid shut-down procedures	
V	
270.62(b)(2)(vii)	

	

	
other information as Director finds necessary	
V	
270.62(b)(2)(viii)	

	

	
sufficiency of information	
V	
270.62(b)(3)	

	

	
trial POHCs	
V	
270.62(b)(4)	

	

	
conditions for approval of trial burn plan by Director	
V	
270.62(b)(5)	

	

			
270.62(b)(5)(i)	

	

			
270.62(b)(5)(ii)	

	

			
270.62(b)(5)(iii)	

	

			
270.62(b)(5)(iv)	

	

	
notice to be sent by the Director to all persons on the facility mailing list and to the appropriate units of State and local government announcing the scheduled commencement and completion dates for the trial burn; applicant may not commence the trial burn until after notice has been issued	
148	
270.62(b)(6)	

	

	
notice must be mailed within a reasonable time period before the scheduled trial burn; additional notice not required if trial burn is delayed due to circumstances beyond the facility's or permitting agency's control	
148	
270.62(b)(6)(i)	

	

	
notice must contain:	
148	
270.62(b)(6)(ii)	

	

	
name and telephone of the applicant's contact person	
148	
270.62(b)(6)(ii)(A)	

	

	
name and telephone number of the permitting agency's contact office 	
148	
270.62(b)(6)(ii)(B)	

	

	
location where the approved trial burn plan and any supporting documents can be reviewed and copied	
148	
270.62(b)(6)(ii)(C)	

	

	
expected time period for commencement and completion of the trial burn	
148	
270.62(b)(6)(ii)(D)	

	

32	
determinations to be made during trial burn	
V,148	
270.62(b)(7)	

	

			
270.62(b)(7)(i)	

	

			
270.62(b)(7)(ii)	

	

			
270.62(b)(7)(iii)	

	

			
270.62(b)(7)(iv)	

	

			
270.62(b)(7)(v)	

	

			
270.62(b)(7)(vi)	

	

			
270.62(b)(7)(vii)	

	

			
270.62(b)(7)(viii)	

	

			
270.62(b)(7)(ix)	

	

			
270.62(b)(7)(x)	

	

32	
certification and submittal of results	
V,148	
270.62(b)(8)	

	

32	
submittal of data	
V,148	
270.62(b)(9)	

	

32	
certification of submissions	
V,148	
270.62(b)(10)	

	

32	
operating requirements in final permit	
V,H54,
148	
270.62(b)(11)	

	

	
establishment of permit conditions following trial burn; before final modification	
V	
270.62(c)	

	

	
submittal of statement with Part B for compliance with 264.343	
V	
270.62(c)(1)	

	

	
Director's review of statement; specify requirements	
V	
270.62(c)(2)	

	

	
permit application for existing incinerator; notice of intent to approve trial burn plan; submittal and timing of trial burn plan	
V,60,148	
270.62(d)	

	

H	
PERMITS FOR LAND TREATMENT DEMONSTRATIONS USING FIELD TEST OR LABORATORY ANALYSES	

treatment demonstration permit containing 264.272(c) requirements	
V	
270.63(a)	

	

	
two-phase facility permit	
V	
270.63(a)(1)	

	

	
permit covering only field test or laboratory analyses	
V	
270.63(a)(2)	

	

	
conditions for phased permit; effectiveness	
V	
270.63(b)	

	

			
270.63(b)(1)	

	

			
270.63(b)(2)	

	

	
submittal of certification and data	
V	
270.63(c)	

	

	
modification of second phase of permit to comply with Part 264, Subpart M	
V	
270.63(d)	

	

	
permit modification under 270.42 or 270.41(a)(2); when second phase of permit becomes effective	
V,H54	
270.63(d)(1)	

	

	
no second phase modifications; notice of final decision	
V,H54	
270.63(d)(2)	

	

	
removed	
V,H54	
270.63(d)(3)	

	

	
INTERIM PERMITS FOR UIC WELLS	

#	
issuance of UIC permit; compliance with Part 264, Subpart R; maximum of two years	
*	
270.64	

	

H	
RESEARCH, DEVELOPMENT AND DEMONSTRATION PERMITS	

permit for experimental activity not promulgated under Part 264 or 266; permit provisions:	
17 Q	
270.65(a)	

	

	
construction of facilities; operation for maximum of one year unless renewed	
17 Q	
270.65(a)(1)	

	

	
receipt and treatment of necessary wastes to determine efficacy and performance capabilities	
17 Q	
270.65(a)(2)	

	

	
inclusion of necessary requirements by Administrator to protect health and environment	
17 Q	
270.65(a)(3)	

	

	
modify or waive Parts 124 and 270 requirements except financial responsibility	
17 Q	
270.65(b)	

	

	
immediate termination as necessary	
17 Q	
270.65(c)	

	

	
maximum of three renewals; each renewal maximum of one year	
17 Q	
270.65(d)	

	

	
PERMITS FOR BOILERS AND INDUSTRIAL FURNACES BURNING HAZARDOUS WASTE	

H,22	
when cement or lightweight aggregate kiln complies with air emission standards & limitations in part 63, subpart EEE, 270.66 requirements do not apply; except provisions determined necessary to ensure compliance with 266.102(e)(1) and 266.102(e)(2)(iii) if you elect to comply with 270.235(a)(1)(i) to minimize emissions from startup, shutdown, and malfunction; Director may apply 270.66 on case-by-case basis for information collection	
182, 197, 202	
270.66 intro	

	

	
new boilers and industrial furnaces subject to 270.66(b)-(f); those under interim status standards of 266.103 subject to 270.66(g)	
85	
270.66(a)	

	

	
permit for new boiler or industrial furnace shall specify appropriate conditions for the following operating periods:	
85	
270.66(b)	

	

	
pretrial burn period described; Director must establish in Pretrial Burn Period of permit conditions including allowable hazardous waste feed rates and operating conditions; extension of period for up to 720 additional hours; permit may be modified to reflect extension as per 270.42	
85,94	
270.66(b)(1)	

	

	
submittal of statement with Part B that suggests operating conditions for 266.104-266.107 compliance during period, including restrictions on 266.102(e) operating requirements	
85	
270.66(b)(1)(i)	

	

	
review of Part B materials and specification by Director of requirements sufficient to meet 266.104-266.107 performance standards based on engineering judgment	
85	
270.66(b)(1)(ii)	

	

	
for duration of trial burn, Director establishes conditions in permit to determine feasibility of compliance with 266.104-266.107 standards and to determine adequate 266.102(e) operating conditions; applicants must propose a trial burn plan as per 270.66(c) and submit with Part B	
85	
270.66(b)(2)	

	

	
for defined minimum period immediately following trial burn, during which submission and review of trial burn results and modification of permit by Director occurs, Director establishes operating requirements most likely to ensure compliance with 266.104-266.107 standards	
85	
270.66(b)(3)(i)	

	

	
submittal of statement with Part B that identifies operating conditions for 266.104-266.107 compliance during period, including restrictions on 266.102(e) operating requirements	
85	
270.66(b)(3)(ii)	

	

	
review and specification by Director of requirements sufficient to meet 266.104-266.107 performance standards based on engineering judgment	
85	
270.66(b)(3)(iii)	

	

	
for final period of operation, Director develops operating requirements in conformance with 266.102(e) and 266.104-266.107 standards; Director shall make necessary modifications to permit as per 270.42 based on trial burn results to ensure compliance	
85,94	
270.66(b)(4)	

	

	
information the trial burn plan must include; Director may require supplemental information	
85	
270.66(c)	

	

	
analysis of each feed stream, as fired	
85	
270.66(c)(1)	

	

			
270.66(c)(1)(i)	

	

			
270.66(c)(1)(ii)	

	

	
analysis of each hazardous waste, as fired	
85	
270.66(c)(2)	

	

		
85,94,126	
270.66(c)(2)(i)	

	

			
270.66(c)(2)(ii)	

	

		
85	
270.66(c)(2)(iii)	

	

	
detailed engineering description of boiler or industrial furnace	
85	
270.66(c)(3)	

	

			
270.66(c)(3)(i)	

	

			
270.66(c)(3)(ii)	

	

			
270.66(c)(3)(iii)	

	

			
270.66(c)(3)(iv)	

	

			
270.66(c)(3)(v)	

	

		
85,94	
270.66(c)(3)(vi)	

	

			
270.66(c)(3)(vii)	

	

		
85	
270.66(c)(3)(viii)	

	

	
detailed description of sampling and monitoring procedures	
85	
270.66(c)(4)	

	

	
detailed test schedule for each hazardous waste for which the trial burn is planned	
85	
270.66(c)(5)	

	

	
detailed test protocol	
85	
270.66(c)(6)	

	

	
description of, and planned operating conditions for, any emission control equipment to be used	
85	
270.66(c)(7)	

	

	
procedures for rapid stopping of hazardous waste feed and emissions control if an equipment malfunction	
85	
270.66(c)(8)	

	

	
other information Director finds necessary	
85	
270.66(c)(9)	

	

	
trial burn conducted to demonstrate conformance with 266.104-266.107 standards under an approved trial burn plan	
85	
270.66(d)(1)	

	

	
findings under which the Director shall approve a trial burn plan	
85	
270.66(d)(2)	

	

			
270.66(d)(2)(i)	

	

			
270.66(d)(2)(ii)	

	

			
270.66(d)(2)(iii)	

	

			
270.66(d)(2)(iv)	

	

	
Director must give notice to all persons on the facility mailing list and to the appropriate units of State and local government announcing the scheduled commencement and completion dates for the trial burn; applicant may not commence the trial burn until after notice has been issued	
148	
270.66(d)(3)	

	

	
notice must be mailed within a reasonable time period before the trial burn; additional notice not required if trial burn is delayed due to circumstances beyond the facility's or permitting agency's control	
148	
270.66(d)(3)(i)	

	

	
notice must contain:	
148	
270.66(d)(3)(ii)	

	

	
name and telephone number of the applicant's contact person	
148	
270.66(d)(3)(ii)(A)	

	

	
name and telephone number of the permitting agency's contact office 	
148	
270.66(d)(3)(ii)(B)	

	

	
location where the approved trial burn plan and any supporting documents can be reviewed and copied	
148	
270.66(d)(3)(ii)(C)	

	

	
expected time period for commencement and completion of the trial burn	
148	
270.66(d)(3)(ii)(D)	

	

33	
submit to Director within 90 days of trial burn completion a certification that trial burn was carried out in accordance with approved plan and results of all 270.66(c) required determinations	
85,148	
270.66(d)(4)	

	

33	
submit all data collected during any trial burn	
85,148	
270.66(d)(5)	

	

33	
270.66(d) submissions must be certified by signature of person authorized in 270.11 to sign permit application or report	
85,148	
270.66(d)(6)	

	

	
for DRE trial burn under 266.104(a), Director will specify trial POHCs; basis for specification	
85	
270.66(e)	

	

	
determinations to be made based on each trial burn:	
85	
270.66(f)	

	

	
quantitative analysis of specified materials in the feed streams	
85	
270.66(f)(1)	

	

	
determinations needed when a DRE trial burn is required under 266.104(a)	
85	
270.66(f)(2)	

	

			
270.66(f)(2)(i)	

	

			
270.66(f)(2)(ii)	

	

			
270.66(f)(2)(iii)	

	

	
quantitative analysis of stack gas and a computation showing conformance with the emission standard when a trial burn is required for chlorinated dioxins and furans under 266.104(e)	
85,94	
270.66(f)(3)	

	

	
quantitative analysis of stack gas and computations showing conformance with applicable emission standards when a trial burn is required for particulate matter, metals, or HCl/Cl2  under 266.105, 266.106(c) or (d), or 266.107(b)(2) or (c)	
85	
270.66(f)(4)	

	

	
quantitative analysis of scrubber water, ash residues, other residues and products to estimate fate of trial POHCs, metals, and chlorine/chloride when a trial burn is required for DRE, metals or HCl/Cl2 under 266.104(a), 266.106(c) or (d), or 266.107(b)(2) or (c)	
85	
270.66(f)(5)	

	

	
identification of sources of fugitive emissions and their means of control	
85	
270.66(f)(6)	

	

	
continuous measurement of CO, oxygen, and HC in stack gas	
85	
270.66(f)(7)	

	

	
such other information as Director specifies	
85,94	
270.66(f)(8)	

	

	
to determine feasibility of compliance with 266.104-266.107 performance standards and adequate operating conditions under 266.103, applicants of existing devices operated under interim status must either prepare and submit a trial burn plan and perform a trial burn or submit 270.22(a)(6)
information; announcement of intention to approve a trial burn plan; submit trial burn results with Part B application if plan approved before Part B submission; date for submission; requirements if submitting trial burn plan with Part B application	
85,148	
270.66(g)	

	

H	
REMEDIAL ACTION PLANS (RAPs)	

RAPs are special forms of permits regulated under 270 subpart H	
175	
270.68	

	

	
SUBPART G - INTERIM STATUS	

H	
QUALIFYING FOR INTERIM STATUS	

existing HWM facility; treated as having been issued permit provided:	
V,H17 D,H17 P	
270.70(a)	

	

	
compliance with section 3010(a) of RCRA	
V	
270.70(a)(1)	

	

	
compliance with 270.10	
V	
270.70(a)(2)	

	

	
failure to qualify	
V,H6	
270.70(b)	

	

	
previous denial of RCRA permit or authority to operate terminated	
17 D,17 P	
270.70(c)	

	

H	
OPERATION DURING INTERIM STATUS	

restrictions during interim status period	
V	
270.71(a)	

	

			
270.71(a)(1)	

	

			
270.71(a)(2)	

	

			
270.71(a)(3)	

	

	
compliance with Part 265	
V	
270.71(b)	

	

H	
CHANGES DURING INTERIM STATUS	

allowed changes at interim status facility	
H61	
270.72(a)	

	

	
new hazardous wastes not identified in Part A application; addition of TSD units; submittal of revised Part A	
V,H61	
270.72(a)(1)	

	

	
increases in design capacity	
V,H61	
270.72(a)(2)	

	

	
lack of available capacity	
V,H61	
270.72(a)(2)(i)	

	

	
compliance with Federal, State or local requirement	
H61	
270.72(a)(2)(ii)	

	

	
changes or addition of processes; revised Part A permit application	
V,H61	
270.72(a)(3)	

	

	
emergency situation	
V,H61	
270.72(a)(3)(i)	

	

	
compliance with Federal, State or local requirement	
V,H61	
270.72(a)(3)(ii)	

	

	
changes in ownership or operational control; compliance demonstrations; transfer of duties	
V,24,H61	
270.72(a)(4)	

	

	
changes made in accordance with corrective action or court order; changes limited to releases that originate within facility boundary	
H61	
270.72(a)(5)	

	

	
newly regulated units if a revised Part A permit application is submitted on or before the date the unit becomes subject to the new requirements	
85	
270.72(a)(6)	

	

   	
changes not allowed if amount to reconstruction of facility; exceptions:	
V,H61	
270.72(b)	

	

	
changes solely to comply with 265.193	
28,H61	
270.72(b)(1)	

	

	
changes necessary to satisfy standards of 3004(o) because of Federal, State or local requirements	
H61	
270.72(b)(2)	

	

	
changes necessary to allow continuing treatment of newly listed or identified wastes treated, stored or disposed of prior to rule's effective date	
H61	
270.72(b)(3)	

	

	
changes during closure in accordance with approved closure plan	
H61	
270.72(b)(4)	

	

	
changes necessary to comply with interim status corrective action order or court order; changes limited to treatment, storage, or disposal of waste that originated within boundary of facility	
H61	
270.72(b)(5)	

	

	
changes to treat or store, in tanks,  containers or containment buildings wastes subject to 268 or RCRA Section 3004 land disposal restrictions, if solely made for compliance with these requirements	
39,H61,109	
270.72(b)(6)	

	

	
addition of newly regulated units under 270.72(a)(6)	
85	
270.72(b)(7)	

	

H,U	
changes necessary to comply with standards under 40 CFR part 63 Subpart EEE-National Emission Standards for Hazardous Air Pollutants From Hazardous Waste Combustors	
168	
270.72(b)(8)	

	

 	
removed	
V,H61	
270.72(c)-(e)	

	

	

H	
TERMINATION OF INTERIM STATUS	

when interim status terminates	
V	
270.73	

	

	
final administrative disposition of a permit application	
V,H175	
270.73(a)	

	

	
terminated as provided in 270.10(e)(5)	
V	
270.73(b)	

	

	
termination of interim status for land disposal facility granted interim status prior to November 8, 1984 on November 8, 1985, unless:	
17 P	
270.73(c)	

	

	
Part B submittal	
17 P	
270.73(c)(1)	

	

	
certification of compliance with groundwater monitoring and financial responsibility requirements	
17 P	
270.73(c)(2)	

	

	
for land disposal facility in existence on the effective date of statutory or regulatory amendment, twelve months after RCRA permit requirement; exceptions:	
17 P	
270.73(d)	

	

	
submittal of Part B application	
17 P	
270.73(d)(1)	

	

	
certification of compliance with groundwater monitoring and financial responsibility requirements	
17 P	
270.73(d)(2)	

	

	
for land disposal units operating under 270.72(a)(1), (2), or (3); 12 months after effective date unless certification of compliance	
H61	
270.73(e)	

	

37	
for an incinerator, which has achieved interim status prior to November 8, 1984, interim status terminates on November 8, 1989 unless Part B applications by November 8, 1986	
17 P,H61,85,94	
270.73(f)	

	

 37	
any facility (other than land disposal or incinerator facility) which has achieved interim status prior to November 8, 1984, interim status terminates on November 8, 1992 unless Part B applications by November 8, 1988	
17 P,H61,85,94	
270.73(g)	

	

	
	SUBPART H - REMEDIAL ACTION PLANS (RAPs)	

H	
WHY IS THIS SUBPART WRITTEN IN A SPECIAL FORMAT?	

	
subpart is written in special format to make regulatory requirements easier to understand; establishes enforceable legal requirements; AI@ and Ayou@ refer to owner/operator	
175	
270.79	

	

H	
WHAT IS A RAP?	

explanation of a RAP; when RAPs may be issued	
175	
270.80(a)	

	

	
requirements in 270.3-270.66 do not apply to RAPs unless specifically required under 270.80-270.230; 270.2 definitions apply	
175	
270.80(b)	

	

	
any document meeting 270.80 requirements constitutes a RCRA permit under RCRA 3005(c)	
175	
270.80(c)	

	

	
a RAP may be:	
175	
270.80(d) intro	

	

	
a stand-alone document; or	
175	
270.80(d)(1)	

	

	
part of another document	
175	
270.80(d)(2)	

	

	
RAPs do not affect cleanup obligations under Federal or State authorities	
175	
270.80(e)	

	

	
RAP received at facility operating under interim status does not terminate the interim status	
175	
270.80(f)	

	

H	
WHEN DO I NEED A RAP?	

treatment, storage, or disposal of hazardous remediation wastes in manner requiring permit under 270.1, either obtain:	
175	
270.85(a) intro	

	

	
permit according to 270.3-270.66; or	
175	
270.85(a)(1)	

	

	
RAP according to 270 subpart H	
175	
270.85(a)(2)	

	

	
treatment units that use combustion of hazardous remediation wastes at remediation waste management site are not eligible for RAPs under 270 subpart H	
175	
270.85(b)	

	

	
RAP can be obtained for managing hazardous remediation waste at permitted facility; the RAP must be approved as permit modification according to 270.41 or 270.42; certain 270.42 requirements do not apply; upon modification, RAP is part of permit; what requirements apply when permit is subsequently modified, revoked and reissued, terminated or when it expires 	
175	
270.85(c)	

	

H	
DOES MY RAP GRANT ME ANY RIGHTS OR RELIEVE ME OF ANY OBLIGATIONS?	

the provisions of 270.4 apply to RAPs	
175	
270.90	

	

H	
HOW DO I APPLY FOR A RAP?	

to apply for RAP, complete & sign application and submit to Director according to 270 subpart H requirements 	
175	
270.95	

	

H	
WHO MUST OBTAIN A RAP?	

when facility or remediation waste management site is owned by one person, but treatment, storage or disposal activities are operated by another, operator must obtain a RAP	
175	
270.100	

	

H	
WHO MUST SIGN THE APPLICATION AND ANY REQUIRED REPORTS FOR A RAP?	

both owner & operator must sign RAP application according to 270.11(a)-(c); both owner & operator must also make the 270.11(d)(1) certification; owner may choose 270.11(d)(2) certification if operator certifies under 270.11(d)(1)	
175	
270.105	

	

H	
WHAT MUST I INCLUDE IN MY APPLICATION FOR A RAP?	

the following must be included in application for RAP:	
175	
270.110 intro	

	

	
name, address, & EPA identification number of site;	
175	
270.110(a)	

	

	
name, address, & telephone number of owner & operator;	
175	
270.110(b)	

	

	
latitude & longitude of site;	
175	
270.110(c)	

	

	
USGS or county map showing location of site;	
175	
270.110(d)	

	

	
scaled drawing of site showing:	
175	
270.110(e) intro	

	

	
site boundaries;	
175	
270.110(e)(1)	

	

	
significant physical structures; and	
175	
270.110(e)(2)	

	

	
boundary where remediation waste is to be treated, stored or disposed;	
175	
270.110(e)(3)	

	

	
specification of hazardous remediation waste to be treated, stored or disposed of; include information on:	
175	
270.110(f) intro	

	

	
constituent concentrations & other properties that may affect treatment and/or management;	
175	
270.110(f)(1)	

	

	
waste quantity estimate; and	
175	
270.110(f)(2)	

	

	
description of processes used to treat, store, or dispose of waste before subjecting to part 268;	
175	
270.110(f)(3)	

	

	
enough information to demonstrate compliance with applicable requirements of parts 264, 266, & 268;	
175	
270.110(g)	

	

	
information necessary for Regional Administrator to carry out duties under other laws for traditional permits under 270.14(b)(20);	
175	
270.110(h)	

	

	
any other information the Director decides is necessary to protect human health & environment	
175	
270.110(i)	

	

H	
WHAT IF I WANT TO KEEP THIS INFORMATION CONFIDENTIAL?	

any or all information submitted to EPA under 270 subpart H can be claimed confidential; to assert claim, stamp Aconfidential business information@ on each page; information claimed as confidential will be subjected to 40 CFR part 2 procedures; without a claim, information may be made available to public without further notice; any requests for name and/or address confidentiality will be denied	
175	
270.115	

	

H	
TO WHOM MUST I SUBMIT MY RAP APPLICATION?	

applications for RAP must be submitted to Director	
175	
270.120	

	

H	
IF I SUBMIT MY RAP APPLICATION AS PART OF ANOTHER DOCUMENT, WHAT MUST I DO?	

when submitting applications for RAP as part of another document, clearly identify the components constituting your RAP 	
175	
270.125	

	

H	
WHAT IS THE PROCESS FOR APPROVING OR DENYING MY APPLICATION FOR A RAP?	

Director will make tentative decision on RAP application if all 270.110 information requirements are included & proposed remediation waste management activities meet regulatory standards; Director will prepare draft RAP & provide opportunity for public comment	
175	
270.130(a)	

	

	
Director may request additional information or ask that deficiencies be corrected; failure or refusal to provide additional information or to correct deficiencies may be cause for tentative application denial; after tentative denial, Director prepares Notice of Intent (NOI) and provides opportunity for public comment; Director may deny all or part of application	
175	
270.130(b)	

	

H	
WHAT MUST THE DIRECTOR INCLUDE IN A DRAFT RAP?	

if Director prepares draft RAP, it must include:	
175	
270.135 intro	

	

	
information required under 270.110(a)-(f);	
175	
270.135(a)	

	

	
terms & conditions:	
175	
270.135(b) intro	

	

	
terms & conditions to ensure compliance with applicable requirements of parts 264, 266, & 268; Director may incorporate applicable requirements of parts 264, 266, & 268 into RAP or establish site-specific conditions as required by parts 264, 266, & 268;	
175	
270.135(b)(1)	

	

	
terms & conditions in 270.30;	
175	
270.135(b)(2)	

	

	
terms & conditions in 270.170; and	
175	
270.135(b)(3)	

	

	
any additional terms or conditions Director determines necessary to protect human health & environment; and	
175	
270.135(b)(4)	

	

	
if part of another document, Director must clearly identify components that constitute draft RAP	
175	
270.135(c)	

	

H	
WHAT ELSE MUST THE DIRECTOR PREPARE IN ADDITION TO THE DRAFT RAP OR NOTICE OF INTENT TO DENY?	

once the Director has prepared draft RAP or NOI to deny, he must:	
175	
270.140 intro	

	

	
prepare statement of basis briefly describing derivation of draft RAP conditions & reasons for them, or rationale for NOI to deny;	
175	
270.140(a)	

	

	
compile an administrative record, including:	
175	
270.140(b) intro	

	

	
RAP application & supporting data;	
175	
270.140(b)(1)	

	

	
draft RAP or NOI to deny;	
175	
270.140(b)(2)	

	

	
statement of basis & all documents cited therein; and	
175	
270.140(b)(3)	

	

	
any other documents that support decision; and	
175	
270.140(b)(4)	

	

	
make information in administrative record available to public	
175	
270.140(c)	

	

H	
WHAT ARE THE PROCEDURES FOR PUBLIC COMMENT ON THE DRAFT RAP OR NOTICE OF INTENT TO DENY?	

Director must:	
175	
270.145(a) intro	

	

	
send notice of intention to approve or deny, and copy of statement of basis;	
175	
270.145(a)(1)	

	

	
publish notice of intention to approve or deny in major local newspaper;	
175	
270.145(a)(2)	

	

	
broadcast intention to approve or deny over local radio station; and 	
175	
270.145(a)(3)	

	

	
send notice of intention to approve or deny to local government and each State agency having authority over any construction or operations at site	
175	
270.145(a)(4)	

	

	
notice required in 270.145(a) must provide opportunity for  public to submit written comment within 45 days 	
175	
270.145(b)	

	

	
notice required in 270.145(a) must include:	
175	
270.145(c) intro	

	

	
name & address of office processing application;	
175	
270.145(c)(1)	

	

	
name & address of applicant, & if different, site or activity to be regulated;	
175	
270.145(c)(2)	

	

	
brief description of activity to be regulated;	
175	
270.145(c)(3)	

	

	
name, address & telephone number of person with further information;	
175	
270.145(c)(4)	

	

	
brief description of comment procedures & any other public participatory procedures;	
175	
270.145(c)(5)	

	

	
date, time, location & purpose of hearing, if one is scheduled	
175	
270.145(c)(6)	

	

	
statement of procedures to request hearing, if one is not scheduled;	
175	
270.145(c)(7)	

	

	
location of administrative record & public inspection times; and	
175	
270.145(c)(8)	

	

	
any additional information considered necessary by Director	
175	
270.145(c)(9)	

	

	
Director must hold informal public meeting if written notice of opposition is received; Director may also  decide an informal hearing is appropriate; hearing must allow for written or oral comments; hearing at convenient location & notice according to 270.145(a) must be given; include 270.145(c) information in notice and:	
175	
270.145(d) intro	

	

	
reference date of any previous public notices;	
175	
270.145(d)(1)	

	

	
date, time and place of hearing; and	
175	
270.145(d)(2)	

	

	
brief description of nature & purpose of hearing	
175	
270.145(d)(3)	

	

H	
HOW WILL THE DIRECTOR MAKE A FINAL DECISION ON MY RAP APPLICATION?	

Director must consider & respond to significant comments and revise draft RAP as appropriate	
175	
270.150(a)	

	

	
if Director determines RAP includes 270.135 requirements, final approval decision will be issued, & notification provided 	
175	
270.150(b)	

	

	
if Director determines RAP does not include 270.135 requirements, final denial decision will be issued, & notification provided	
175	
270.150(c)	

	

	
if Director decides tentative decision to deny was incorrect, NOI to deny will be withdrawn & preparation of draft RAP will proceed	
175	
270.150(d)	

	

	
when Director issues final decision, 270.155 procedures for appeal must be referenced	
175	
270.150(e)	

	

	
before issuing final decision, Director must compile administrative record; materials not physically needed in record; final RAP record must include draft RAP information and:	
175	
270.150(f)	

	

	
all comments received;	
175	
270.150(f)(1)	

	

	
tapes or transcripts of hearings;	
175	
270.150(f)(2)	

	

	
written materials submitted;	
175	
270.150(f)(3)	

	

	
responses to comments;	
175	
270.150(f)(4)	

	

	
new material;	
175	
270.150(f)(5)	

	

	
other supporting documents; and	
175	
270.150(f)(6)	

	

	
copy of final RAP	
175	
270.150(f)(7)	

	

	
Director must make administrative record available for public review	
175	
270.150(g)	

	

H	
MAY THE DECISION TO APPROVE OR DENY MY RAP APPLICATION BE ADMINISTRATIVELY APPEALED?	

any commenter or public hearing participant may appeal decision to approve or deny a RAP application under 124.19; persons who did not comment or participate in hearings may only petition for review of changes made between draft & final RAP decision; notice of RAP application review will be given under 270.145; notice will include:	
175	
270.155(a) intro	

	

	
briefing schedule;	
175	
270.155(a)(1)	

	

	
statement that an amicus brief may be filed; and	
175	
270.155(a)(2)	

	

	
information specified in 270.145(c), as appropriate	
175	
270.155(a)(3)	

	

	
this appeal is prerequisite to judicial review 	
175	
270.155(b)	

	

H	
WHEN DOES MY RAP BECOME EFFECTIVE?	

RAP becomes effective 30 days after approval unless:	
175	
270.160 intro	

	

	
Director specifies later date;	
175	
270.160(a)	

	

	
RAP is appealed under 270.155; or	
175	
270.160(b)	

	

	
no change requested in draft RAP, in which case it becomes effective immediately 	
175	
270.160(c)	

	

H	
WHEN MAY I BEGIN PHYSICAL CONSTRUCTION OF NEW UNITS PERMITTED UNDER THE RAP?	

physical construction of newly permitted units must not begin before final RAP is received	
175	
270.165	

	

H	
AFTER MY RAP IS ISSUED, HOW MAY IT BE MODIFIED, REVOKED AND REISSUED, OR TERMINATED?	

RAP must specify procedures for modifications, revocations and reissuance, or termination; procedures must provide for public review & comment; if RAP is part of traditional RCRA permit, will be modified according to 270.40-270.42, revoked & reissued according to 270.41 & 270.43, or terminated according to 270.43  	
175	
270.170	

	

H	
FOR WHAT REASONS MAY THE DIRECTOR CHOOSE TO MODIFY MY FINAL RAP?	

final RAP may be modified on Director's initiative for following reasons only; if reasons don't exist, RAP only modified at your request; reasons for modification:	
175	
270.175(a) intro	

	

	
material & substantial alterations or additions were made;	
175	
270.175(a)(1)	

	

	
new information found that would have justified different conditions at RAP issuance;	
175	
270.175(a)(2)	

	

	
standards or regulations on which RAP was based have changed;	
175	
270.175(a)(3)	

	

	
if RAP includes compliance schedules, Director may find reason to modify 	
175	
270.175(a)(4)	

	

	
not in compliance with RAP;	
175	
270.175(a)(5)	

	

	
all relevant facts not disclosed or were misrepresented;	
175	
270.175(a)(6)	

	

	
Director determines authorized activity endangers human health or environment; or	
175	
270.175(a)(7)	

	

	
Director notified of  proposed transfer of RAP	
175	
270.175(a)(8)	

	

	
notwithstanding provisions in 270.175, Director may modify RAP permit as necessary to assure compliance with parts 124, 260-266 and 270	
175	
270.175(b)	

	

	
suitability of facility location will not be reevaluated unless new information indicates threat to human health or environment 	
175	
270.175(c)	

	

H	
FOR WHAT REASONS MAY THE DIRECTOR CHOOSE TO REVOKE AND REISSUE MY FINAL RAP?	

final RAP may be revoked & reissued on Director's initiative for following reasons only; if reasons don't exist, RAP only revoked & reissued at your request; reasons for revocation and reissuance are same as those for modification in 270.175(a)(5)-(8)	
175	
270.180(a)	

	

	
suitability of facility location will not be reevaluated unless new information indicates threat to human health or environment 	
175	
270.180(b)	

	

H	
FOR WHAT REASONS MAY THE DIRECTOR CHOOSE TO TERMINATE MY FINAL RAP, OR DENY MY RENEWAL APPLICATION?	

final RAP may be terminated or renewal application denied on Director's initiative, for  same reasons as in 270.175(a)(5)-(7)	
175	
270.185	

	

H	
MAY THE DECISION TO APPROVE OR DENY A MODIFICATION, REVOCATION AND REISSUANCE, OR TERMINATION OF MY RAP BE ADMINISTRATIVELY APPEALED?	

any commenter or public hearing participant may appeal decision to approve RAP modification, revocation & reissuance or termination according to 270.155; persons who did not comment or participate in hearings may only petition for review of changes made between draft & final RAP decision	
175	
270.190(a)	

	

	
any commenter or public hearing participant may appeal decision to deny RAP modification, revocation & reissuance or termination; persons who did not comment or participate in hearings may only petition for review of changes made between draft & final RAP decision	
175	
270.190(b)	

	

	
informal appeals process:	
175	
270.190(c) intro	

	

	
letter sent to Environmental Appeals Board; briefly set forth facts in letter	
175	
270.190(c)(1)	

	

	
Environmental Appeals Board has 60 days to act	
175	
270.190(c)(2)	

	

	
appeal considered denied if no action taken within 60 days	
175	
270.190(c)(3)	

	

	
informal appeal is prerequisite to judicial review 	
175	
270.190(d)	

	

H	
WHEN WILL MY RAP EXPIRE?	

RAPs issued for fixed term not to exceed 10 years, although up to 10 year renewals are possible; Director must review RAP for LDR 5 years after issuance or reissuance and assure continued compliance with RCRA 3004 & 3005 	
175	
270.195	

	

H	
HOW MAY I RENEW MY RAP IF IT IS EXPIRING?	

to renew expiring RAP, follow application & issuance process in 270 subpart H	
175	
270.200	

	

H	
WHAT HAPPENS IF I HAVE APPLIED CORRECTLY FOR A RAP RENEWAL BUT HAVE NOT RECEIVED APPROVAL BY THE TIME MY OLD RAP EXPIRES?	

if RAP renewal application has been submitted, but no new RAP has been issued before expiration date, previous RAP conditions continue 	
175	
270.205	

	

H	
WHAT RECORDS MUST I MAINTAIN CONCERNING MY RAP?	

records are required of:	
175	
270.210 intro	

	

	
data used to complete applications & supplemental information submitted, for at least 3 years; and 	
175	
270.210(a)	

	

	
any operating and/or other records the Director requires	
175	
270.210(b)	

	

H	
HOW ARE TIME PERIODS IN THE REQUIREMENTS IN THIS SUBPART AND MY RAP COMPUTED?	

any time period scheduled to begin on occurrence of act or event begins on day after act or event	
175	
270.215(a)	

	

	
any time period scheduled to begin before occurrence of act or event is computed so period ends on day before act or event	
175	
270.215(b)	

	

	
if final day of time period falls on weekend or holiday, extend time period to next working day	
175	
270.215(c)	

	

	
whenever party must act within prescribed period & is served notice by mail, add 3 days to prescribed period	
175	
270.215(d)	

	

H	
HOW MAY I TRANSFER MY RAP TO A NEW OWNER OR OPERATOR?	

when transferring RAP to new owner/operator, follow requirements for RAP modification; not Asignificant@ modifications for purposes of 270.170; revised RAP application submitted by new owner/operator no later than 90 days before change along with transfer of responsibility date	
175	
270.220(a)	

	

	
when ownership transfer occurs, old owner/operator must comply with 264 subpart H until new owner/operator demonstrates compliance with 264 subpart H; new owner/operator must demonstrate compliance with 264 subpart H within 6 months; when new owner/operator compliance demonstrated, Director notifies old owner/operator 	
175	
270.220(b)	

	

H	
WHAT MUST THE STATE OR EPA REGION REPORT ABOUT NONCOMPLIANCE WITH RAPs?	

State or EPA Region must report RAP noncompliance according to 270.5	
175	
270.225	

	

H	
MAY I PERFORM REMEDIATION WASTE MANAGEMENT ACTIVITIES UNDER A RAP AT A LOCATION REMOVED FROM THE AREA WHERE THE REMEDIATION WASTES ORIGINATED?	

remediation waste management RAP may be requested for location removed from area of waste origination if location is more protective	
175	
270.230(a)	

	

	
if Director determines location removed from area of waste origination is more protective, RAP for alternative location may be approved	
175	
270.230(b)	

	

	
RAP must be requested and approved or denied, according to 270 subpart H requirements	
175	
270.230(c)	

	

	
RAP for alternative location must also meet following:	
175	
270.230(d) intro	

	

	
issued to person responsible for cleanup from which remediation wastes originated;	
175	
270.230(d)(1)	

	

	
subject to expanded public participation requirements in 124.31-124.33;	
175	
270.230(d)(2)	

	

	
subject to public notice requirements in 124.10(c);	
175	
270.230(d)(3)	

	

	
site may not be within 61 meters or 200 feet of a fault;	
175	
270.230(d)(4)	

	

	
alternative locations are waste remediation sites and retain following benefits:	
175	
270.230(e)	

	

	
facility-wide corrective action exclusion under 264.101; and 	
175	
270.230(e)(1)	

	

	
application of 264.1(j) in lieu of 264, subparts B, C, & D	
175	
270.230(e)(2)	

	

	
SUBPART I - INTEGRATION WITH MAXIMUM ACHIEVABLE CONTROL TECHNOLOGY (MACT) STANDARDS	

H, 	
OPTIONS FOR INCINERATORS AND CEMENT AND LIGHTWEIGHT AGGREGATE KILNS TO MINIMIZE EMISSIONS FROM STARTUP, SHUTDOWN, AND MALFUNCTION EVENTS	

facilities with existing permits	
197	
270.235(a)	

	

	
revisions to permit conditions after documenting compliance with MACT; owner/operator of RCRA-permitted incinerator, cement kiln or lightweight aggregate kiln may request Director address permit conditions that minimize emissions from startup, shutdown & malfunction under following options when requesting removal of permit conditions that are no longer applicable under 264.340(b) and 266.100(b)	
197	
270.235(a)(1)	

	

	
retain relevant permit conditions; under this option, Director will:	
197	
270.235(a)(1)(i)	

	

	
address releases during startup, shutdown & malfunction as defined under 63.1206(c)(2); and	
197	
270.235(a)(1)(i) (A)	

	

	
limit applicability to operation under startup, shutdown & malfunction plan	
197	
270.235(a)(1)(i) (B)	

	

	
revise relevant permit conditions	
197	
270.235(a)(1)(ii)	

	

	
under this option, the Director will:	
197	
270.235(a)(1)(ii) (A)	

	

	
identify subset of relevant existing permit requirements or develop alternative requirements, that ensure emissions from startup, shutdown & malfunction are minimized, based on information review	
197	
270.235(a)(1)(ii) (A)(1)	

	

	
retain or add permit requirements to apply only when operating under startup, shutdown & malfunction	
197	
270.235(a)(1)(ii) (A)(2)	

	

	
changes that may significantly increase emissions	
197	
270.235(a)(1)(ii) (B)	

	

	
Director must be notified in writing of startup, shutdown & malfunction plan or design changes that may significantly increase emissions of toxic compounds; notification within five days; notification must recommend permit revisions to ensure emissions of toxic compounds are minimized	
197	
270.235(a)(1)(ii) (B)(1)	

	

	
Director may revise permit conditions as a result of changes:	
197	
270.235(a)(1)(ii) (B)(2)	

	

	
upon permit renewal, or if warranted:	
197	
270.235(a)(1)(ii) (B)(2)(i)	

	

	
by permit modification under 270.41(a) or 270.42	
197	
270.235(a)(1)(ii) (B)(2)(ii)	

	

	
remove permit conditions; under this option:	
197	
270.235(a)(1)(iii)	

	

	
owner/operator must document that startup, shutdown & malfunction plan has been approved by Administrator; and	
197	
270.235(a)(1)(iii) (A)	

	

	
Director will remove permit conditions no longer applicable under 264.340(b) & 266.100(b)	
197	
270.235(a)(1)(iii) (B)	

	

	
addressing permit conditions upon permit reissuance; under specific conditions, owner/ operator may request in application to reissue permit that Director control emissions from startup, shutdown & malfunction under following options: 	
197	
270.235(a)(2)	

	

	
RCRA option A	
197	
270.235(a)(2)(i)	

	

	
under this option, the Director will:	
197	
270.235(a)(2)(i) (A)	

	

	
include conditions that ensure compliance with 264.345(a)&(c) or 266.102(e)(1) & (e)(2) (iii) to minimize emissions of toxic compounds; and 	
197	
270.235(a)(2)(i) (A)(1)	

	

	
specify that permit requirements apply only when operating under startup, shutdown & malfunction plan; or	
197	
270.235(a)(2)(i) (A)(2)	

	

	
RCRA option B	
197	
270.235(a)(2)(ii)	

	

	
under this option, the Director will:	
197	
270.235(a)(2)(ii) (A)	

	

	
include conditions that ensure emissions of toxic compounds are minimized from startup, shutdown & malfunction, based on information review; and	
197	
270.235(a)(2)(ii) (A)(1)	

	

	
specify that permit requirements apply only when operating under startup, shutdown & malfunction plan	
197	
270.235(a)(2)(ii) (A)(2)	

	

	
changes that may significantly increase emissions	
197	
270.235(a)(2)(ii) (B)	

	

	
Director must be notified in writing of startup, shutdown & malfunction plan or design changes that may significantly increase emissions of toxic compounds; notification within five days; notification must recommend permit revisions to ensure emissions of toxic compounds are minimized	
197	
270.235(a)(2)(ii) (B)(1)	

	

	
Director may revise permit conditions as a result of changes:	
197	
270.235(a)(2)(ii) (B)(2)	

	

	
upon permit renewal, or if warranted:	
197	
270.235(a)(2)(ii) (B)(2)(i)	

	

	
by permit modification under 270.41(a) or 270.42; or	
197	
270.235(a)(2)(ii) (B)(2)(ii)	

	

	
CAA option; under this option:	
197	
270.235(a)(2)(iii)	

	

	
owner/operator must document that startup, shutdown & malfunction plan has been approved by Administrator; and	
197	
270.235(a)(2)(iii) (A)	

	

	
Director will omit permit conditions no longer applicable under 264.340(b) & 266.100(b)	
197	
270.235(a)(2)(iii) (B)	

	

	
interim status facilities	
197	
270.235(b)	

	

	
interim status operations; incinerator, cement kiln or lightweight aggregate kiln operating under interim status of 265 or 266 may control emissions during startup, shutdown & malfunction under either option after conducting a comprehensive performance test & submitting Notification of Compliance to Administrator:	
197	
270.235(b)(1)	

	

	
RCRA option; continued compliance with interim status standards of 265 or 266; those standards apply only during startup, shutdown and malfunction; or	
197	
270.235(b)(1)(i)	

	

	
CAA option; owner/operator is exempt from interim status standards of 265 or 266 relevant to toxic compound emissions control during startup, shutdown & malfunction upon written notification & documentation to Director that startup, shutdown & malfunction plan has been approved by Administrator	
197	
270.235(b)(1)(ii)	

	

	
operations under a subsequent RCRA permit; when an owner/operator of a incinerator, cement kiln or lightweight aggregate kiln operating under interim status of 265 or 266, submits RCRA permit application, they may request the Director control emissions from startup, shutdown & malfunction under any of the options of 270.235(a)(2)(i)-(iii)	
197	
270.235(b)(2)	

	

	
MODIFICATION, REVOCATION AND REISSUANCE, OR TERMINATION OF PERMITS	

who initiates a modification, revocation and reissuance or termination of permit; reasons these actions can be taken	
V,70	
124.5(a)	

	

	
modify or revoke and reissue procedures:	
V,H54,70	
124.5(c)(1)	

	

	
only those conditions to be modified shall be reopened; entire permit is reopened if permit revoked and reissued	
V	
124.5(c)(2)	

	

	
minor modifications are not subject to 124.5	
V,H54,70	
124.5(c)(3)	

	

@	
termination procedures; notice of intent to terminate	
V,70	
124.5(d)	

	

	
DRAFT PERMITS	

@	
decision to prepare draft or deny application	
V	
124.6(a)	

	

@	
contents of a draft permit	
V	
124.6(d)	

	

		
V,70	
124.6(d)(1)	

	

			
124.6(d)(2)	

	

			
124.6(d)(3)	

	

			
124.6(d)(4)(i)	

	

@	
statement of basis or fact sheet accompanies draft permit; available to public; public hearing; issue final decision; respond to comments; appeals	
V	
124.6(e)	

	

	
FACT SHEET	

@	
what the fact sheet must be prepared for; what the sheet will set forth; who receives fact sheet	
V	
124.8(a)	

	

@	
what the fact sheet shall include	
V	
124.8(b)	

	

			
124.8(b)(1)	

	

			
124.8(b)(2)	

	

			
124.8(b)(4)	

	

			
124.8(b)(5)	

	

			
124.8(b)(6)	

	

			
124.8(b)(6)(i)-(iii)	

	

			
124.8(b)(7)	

	

	
PUBLIC NOTICE OF PERMIT ACTIONS AND PUBLIC COMMENT PERIOD	

@	
what the Director must give public notice of	
V	
124.10(a)(1)	

	

			
124.10(a)(1)(ii)	

	

			
124.10(a)(1)(iii)	

	

@	
timing of public notice	
V	
124.10(b)(1)	

	

			
124.10(b)(2)	

	

@	
how public notice shall be given	
V	
124.10(c)	

	

@,	
by mail; persons to whom notice must be mailed	
V	
124.10(c)(1)	

	

			
124.10(c)(1)(i)	

	

			
124.10(c)(1)(ii)	

	

		
V,70	
124.10(c)(1)(iii)	

	

			
124.10(c)(1)(ix)	

	

			
124.10(c)(1)(ix)(A)	

	

			
124.10(c)(1)(ix)(B)	

	

			
124.10(c)(1)(ix)(C)	

	

			
124.10(c)(1)(x)(A)&(B)	

	

@	
publication in a newspaper	
V	
124.10(c)(2)(i)	

	

			
124.10(c)(2)(ii)	

	

@	
legal notice to public under State law	
V	
124.10(c)(3)	

	

@	
any other method to give notice to persons potentially affected	
V	
124.10(c)(4)	

	

@	
minimum information which must be contained in a public notice	
V	
124.10(d)(1)	

	

			
124.10(d)(1)(i)	

	

			
124.10(d)(1)(ii)	

	

			
124.10(d)(1)(iii)	

	

			
124.10(d)(1)(iv)	

	

			
124.10(d)(1)(v)	

	

			
124.10(d)(1)(vi)	

	

			
124.10(d)(1)(ix)	

	

@	
public notices for hearings; contents	
V	
124.10(d)(2)	

	

			
124.10(d)(2)(i)	

	

			
124.10(d)(2)(ii)	

	

			
124.10(d)(2)(iii)	

	

@	
all persons identified in 124.10(c)(1)(i)-(iv) must be mailed fact sheet, the permit application and the draft permit	
V	
124.10(e)	

	

	
PUBLIC COMMENTS AND REQUESTS FOR PUBLIC HEARINGS	

@	
procedures	
V	
124.11	

	

	
PUBLIC HEARINGS	

@	
when director must or may hold a public hearing; how public notice shall be given	
V	
124.12(a)(1)	

	

		
V,70	
124.12(a)(2)	

	

		
V	
124.12(a)(3)	

	

			
124.12(a)(4)	

	

	
RESPONSE TO COMMENTS	

@	
Director's response to comments and what it must contain	
V	
124.17(a)	

	

			
124.17(a)(1)	

	

			
124.17(a)(2)	

	

@	
response to comments available to the public	
V	
124.17(c)	

	

	
SUBPART B - SPECIFIC PROCEDURES APPLICABLE TO RCRA PERMITS	

PRE-APPLICATION PUBLIC MEETING AND NOTICE	

requirements of this section apply to part B applications seeking initial permits for hazardous waste management units; these requirements also apply to part B permit applications seeking permit renewal which proposes a significant change in the facility operations; definition of "significant change"; definition of "hazardous waste management units over which EPA has permit issuance authority"; the requirements of 124.31 do not apply to 270.42 permit modifications or applications submitted solely for post-closure activities or post-closure activities and corrective action at a facility	
148	
124.31(a)	

	

	
prior to submission of part B permit application, the applicant must hold at least one public meeting; the applicant shall post a sign-in sheet for attendees	
148	
124.31(b)	

	

	
the applicant shall submit a summary of the meeting, a list of the attendees and their addresses, and copies of any written comments or materials submitted at the meeting as part of the part B application, in accordance with 270.14(b)	
148	
124.31(c)	

	

	
the applicant must provide public notice of the pre-application meeting at least 30 days prior to the meeting; must maintain and provide documentation of public notice to the permitting agency upon request	
148	
124.31(d)	

	

	
the applicant shall provide public notice in all of the following forms:	
148	
124.31(d)(1)	

	

	
newspaper advertisement, as specified	
148	
124.31(d)(1)(i)	

	

	
visible and accessible sign, as specified	
148	
124.31(d)(1)(ii)	

	

	
broadcast media announcement, as specified	
148	
124.31(d)(1)(iii)	

	

	
notice to the permitting agency and units of state and local government, as specified	
148	
124.31(d)(1)(iv)	

	

	
the notices required under 124.31(d)(1) must include:	
148	
124.31(d)(2)	

	

	
date, time, and location of the meeting	
148	
124.31(d)(2)(i)	

	

	
brief description of the purpose of the meeting	
148	
124.31(d)(2)(ii)	

	

	
brief description of the facility and proposed operations, including address or map	
148	
124.31(d)(2)(iii)	

	

	
statement encouraging people to contact the facility at least 72 hours before the meeting if they need special access	
148	
124.31(d)(2)(iv)	

	

	
name, address, and telephone number of a contact person for the applicant	
148	
124.31(d)(2)(v)	

	

40	
PUBLIC NOTICE REQUIREMENTS AT THE APPLICATION STAGE	

requirements of this section apply to part B applications seeking initial permits for hazardous waste management units; these requirements also apply to part B permit applications seeking permit renewal for such units under 270.51; definition of "hazardous waste management units"; the requirements of 124.32 do not apply to 270.42 permit modifications or applications submitted solely for post-closure activities or post-closure activities and corrective action at a facility	
148	
124.32(a)	

	

	
notification at application submittal	
148	
124.32(b)	

	

	
the Director shall provide public notice as set forth in 124.10(c)(1)(ix) and notice to appropriate units of State and local government as set forth in 124.10(c)(1)(x), that a part B application has been submitted	
148	
124.32(b)(1)	

	

	
notice shall be published within a reasonable period of time after the application is received by the Director; the notice must include:	
148	
124.32(b)(2)	

	

	
name and telephone number of the applicant's contact person	
148	
124.32(b)(2)(i)	

	

	
name, telephone number, and mailing address of the permitting agency's contact office 	
148	
124.32(b)(2)(ii)	

	

	
address to which people can write in order to be put on the facility mailing list	
148	
124.32(b)(2)(iii)	

	

	
location where copies of the permit application and any supporting documents can be viewed and copied	
148	
124.32(b)(2)(iv)	

	

	
brief description of the facility and proposed operations, including address or map, on the front page of the notice	
148	
124.32(b)(2)(v)	

	

	
date the application was submitted	
148	
124.32(b)(2)(vi)	

	

	
concurrent with the notice required under 124.32(b), the Director must place the permit application and any support documents in a location accessible to the public in the vicinity of the facility or at the permitting agency's office	
148	
124.32(c)	

	

40	
INFORMATION REPOSITORY	

requirements of this section apply to all applications seeking permits for hazardous waste management units; definition of "hazardous waste management units"	
148	
124.33(a)	

	

	
the Director may assess the need, on a case-by-case basis, for an information repository; he shall consider a variety of factors, including level of public interest, type of facility, presence of existing repository, and proximity to nearest copy of administrative record; if a need is determined, the Director shall notify the facility to establish and maintain a repository	
148	
124.33(b)	

	

	
the repository shall contain all documents, reports, data, and information deemed necessary by the Director	
148	
124.33(c)	

	

	
the repository shall be located and maintained at a site chosen by the facility; if the site is unsuitable, the Director shall specify a more appropriate site	
148	
124.33(d)	

	

	
the Director shall specify requirements for informing the public about the repository; at a minimum, the Director shall require the facility to provide a written notice about the repository to all persons on the facility mailing list	
148	
124.33(e)	

	

	
the facility owner or operator shall be responsible for maintaining and updating the repository; the Director may close the repository at his discretion based on factors in 124.33(b)	
148	
124.33(f)	

	

@	Procedural requirement.  For explanation, see the instructions for the Consolidated Base Program Checklists at the beginning of Appendix K.

#	These provisions were not included in Base Program Checklist V, but were listed as provisions under 271.14 which States must have the legal authority to implement.  Thus, if States do not have these provisions in their code, they must demonstrate legal authority to carry them out.

 U	Note that the June 19, 1998 rule addressed by this checklist makes amendments addressing the Clean Air Regulations.    These changes are not necessary for RCRA authorization for this rule; however, of concern are those places within the RCRA regulations  which reference changes made to the Clean Air Regulations.   In these situations, a State must reference regulations analogous to the referenced provisions.   A State may, if it has chosen to adopt these optional Clean Air Regulation changes, reference its own corresponding analog.   If choosing not to adopt them, a State should retain the reference to the Federal regulations.   Those provisions where this issue of concern have been indicated with  a A U@ in the far left margin.