[27 Pa.B. 6407]
[Continued from previous Web Page]
CHAPTER 270. (Reserved)
CHAPTER 270a. HAZARDOUS WASTE PERMIT PROGRAM Subchap.
A. GENERAL INFORMATION B. PERMIT APPLICATION D. TRANSFER OF PERMITS E. EXPIRATION AND CONTINUATION OF PERMITS F. SPECIAL FORMS OF PERMITS G. INTERIM STATUS H. PUBLIC NOTICE AND HEARINGS
Subchapter A. GENERAL INFORMATION Sec.
270a.1. Incorporation by reference, scope and applicability. 270a.2. Definitions. 270a.3. Payment of fees. 270a.4. Effect of permit. 270a.5. Noncomplying and program reporting by Director. 270a.6. References. § 270a.1. Incorporation by reference, scope and applicability.
Except as expressly provided in this chapter 40 CFR Part 270 (relating to EPA administered permit programs: the hazardous waste permit program) and its Appendices (relating to hazardous waste permit program) are incorporated by reference.
§ 270a.2. Definitions.
Notwithstanding the requirements incorporated by reference:
(1) The definitions for ''disposal,'' ''hazardous waste,'' ''person,'' ''storage'' and ''treatment'' are not incorporated by reference.
(2) The substitution of terms in § 260a.3 (relating to terminology and citations related to Federal regulations) does not apply for the terms ''Administrator,'' ''Director,'' ''Environmental Protection Agency'' and ''Regional Administrator'' found in 40 CFR 270.2 (relating to definitions).
§ 270a.3. Payment of fees.
Notwithstanding the requirements incorporated by reference, 40 CFR 270.3 is not incorporated by reference and the following fees are established:
(1) Applications for a permit for hazardous waste storage, treatment and disposal facilities shall be accompanied by a nonrefundable permit application fee in the form of a check payable to the ''Commonwealth of Pennsylvania'' according to the following schedule:
(i) Land disposal facilities--commercial--$125,000.
(ii) Land disposal facility--captive--$71,400.
(iii) Surface impoundments:
(A) Commercial--$36,000.
(B) Captive--$14,000.
(iv) Postclosure permits--$25,000.
(v) Treatment facilities:
(A) Commercial--$36,000.
(B) Captive--$14,000.
(vi) Storage facilities:
(A) Commercial--$36,000.
(B) Captive--$14,000.
(vii) Incinerators:
(A) Commercial--$93,000.
B) Captive--$54,000.
(viii) For applications for determination of applicability under § 266.100 (relating to applicability and requirements)--$1,125.
(2) If more than one permitted activity is located at a site, or more than one activity occurs, the fees shall be cumulative.
(3) Module I applications and permit modification applications for a permit for hazardous waste storage, treatment and disposal facilities shall be accompanied by a nonrefundable permit application fee in the form of a check payable to the ''Commonwealth of Pennsylvania'' according to the following schedule:
(i) Module I and Generic Module I applications:
(A) Module I--$300.
(B) Generic Module I--$1,500.
(ii) Class 2 and Class 3 permit modifications--50 % of fees listed in subsection (1).
(iii) Class 1 permit modifications--$700.
(4) An application for a permit modification shall be considered a major modification if the application involves one or more of the following:
(i) A change in the site volume-waste capacity.
(ii) A change in excavation contours, including final elevations and slopes.
(iii) A change in permitted acreage.
(iv) A change in the approved groundwater monitoring plan, except for the addition of wells or parameters.
(v) A change in approved leachate collection and treatment plan.
(vi) A change in gas monitoring or management plan, or both.
(vii) A change in the approved type, amount, origin or application of daily, intermediate or final cover materials.
(viii) A change in the approved closure plan.
(ix) A change in approved design.
(Editors Note: The language contained in § 270a.3 of this rulemaking is the language that is being deleted from § 265.447 by this rulemaking.)
(Editor's Note: The Department is deleting the existing text at 25 Pa. Code § 270.4 (relating to research, development and demonstration permits) and adopting the Federal 40 CFR 270.65 (relating to research, development and demonstration permits) by reference.).
§ 270a.4. Effect of permit.
Notwithstanding the requirements incorporated by reference, 40 CFR 270.4 (relating to effect of a permit) is not incorporated by reference.
§ 270a.5. Noncomplying and program reporting by Director.
Notwithstanding the requirements incorporated by reference, 40 CFR 270.5 (relating to noncompliance and program reporting by the Director) is not incorporated by reference.
§ 270a.6. References.
Notwithstanding the requirements incorporated by reference, the term ''Federal Register'' shall retain its meaning and may not be replaced by the term ''Pennsylvania Bulletin'' when used in 40 CFR 270a.6 (relating to references).
Subchapter B. PERMIT APPLICATION Sec.
270a.10. General application requirements. 270a.11. Signatories to permit applications and reports. 270a.12. Confidentiality of information. 270a.29. Permit denial. § 270a.10. General application requirements.
(a) Notwithstanding the requirements incorporated by reference:
(1) The substitution of terms in § 260a.3 (relating to terminology and citations related to Federal regulations) for the terms ''administrator,'' ''Federal Register'' and ''EPA'' does not apply to 40 CFR 270.10(c)(2) (relating to general application requirements).
(2) The substitution of terms in § 260a.3 for the term ''administrator'' does not apply to 40 CFR 270.10(e) and (f)(3).
(3) Applicants are only required to submit the application to the Department under 40 CFR 270.10(f)(2) and (g)(1)(i).
(b) In addition to the requirements incorporated by reference, an application shall include the application fees required by § 270a.3 (relating to payment of fees).
§ 270a.11. Signatories to permit applications and reports.
Notwithstanding the requirements incorporated by reference, the substitution of terms in § 260a.3 (relating to terminology and citations related to Federal regulations) for the term ''administrator'' does not apply to 40 CFR 270.11(a)(3) (relating to signatories to permit applications and reports).
§ 270a.12. Confidentiality of information.
Notwithstanding the requirements incorporated by reference, confidentiality of information shall be as follows:
(1) Information submitted to the Department under this subsection may be claimed as confidential by the applicant. Any claim shall be asserted at the time of submission in the manner prescribed in paragraph (2) and the application form or instructions by stamping the words ''confidential business information'' on each page containing the information. If a claim is not made at the time of submission, the Department will make the information available to the public without further notice.
(2) Claims of confidentiality for permit application information shall be substantiated at the time the application is submitted and shall address the following:
(i) The portions of the information claimed to be confidential.
(ii) The length of time the information is to be treated as confidential.
(iii) The measures taken to guard against undesired disclosure of the information to others.
(iv) The extent the information has been disclosed to others and the precautions taken in connection with that disclosure.
(v) A copy of any pertinent confidentiality determinations by EPA or another Federal agency.
(vi) The nature of the substantial harm to the competitive position by disclosure of the information, the reasons it should be viewed as substantial and the relationship between the disclosure and the harm.
(3) The Department will keep confidential information in a secure repository and will not make the information available for inspection by the general public.
(4) The Department will make confidential information available to any State or Federal agency for the purpose of administration of any State or Federal law.
(Editors Note: The language contained in § 270a.12 of this rulemaking is the language that is being deleted from § 265.446 by this rulemaking.)
§ 270a.13. Contents of Part A of the permit application.
In addition to the requirements incorporated by reference, Part A of the permit application shall include information to demonstrate compliance with the siting criteria in Chapter 269a (relating to siting).
§ 270a.29. Permit denial.
Notwithstanding the requirements incorporated by reference, in 40 CFR 270.29 (relating to permit denial), the phrase ''25 Pa. Code, Chapter 270a, Subchapter H'' shall be substituted for the phrase ''Part 124.''
Subchapter D. CHANGES TO PERMITS Sec.
270a.41. Modification or revocation and reissuance of permits. § 270a.41. Modification or revocation and reissuance of permits.
In addition to the requirements incorporated by reference:
(1) A person who requires a permit under the hazardous waste program shall complete, sign and submit to the Department an application for a hazardous waste permit.
(2) The Department will not begin the processing of a permit until the applicant has complied with the application requirements for that permit and complied with the signature and certification requirements of § 270a.11 (relating to signatories to permit applications and reports) and 40 CFR 270.11 (relating to certification by responsible official).
(3) The Department will review for completeness every hazardous waste permit application for a new or existing hazardous waste management facility--both Parts A and B of the application. Upon completing the review, the Department will notify the applicant in writing whether the application is complete. If the application is incomplete, the Department will list the information necessary to make the application complete. When the application is for an existing hazardous waste management facility, the Department will specify in the notice of deficiency a date for submitting the necessary information. If the applicant thereafter submits a complete application, the Department will notify the applicant that the application is complete. After the application is completed, the Department may request additional information from an applicant if necessary to clarify, modify or supplement previously submitted material. Requests for additional information will not render an application incomplete.
(4) If an applicant fails or refuses to correct deficiencies in the application, the permit may be denied and appropriate enforcement actions may be taken under applicable statutory provisions.
(5) If the Department decides that a site visit is necessary in conjunction with the processing of an application, it will notify the applicant. The applicant shall provide the Department access for a site visit at a reasonable time.
(6) The effective date of an application is the date on which the Department notifies the applicant that the application is complete as provided in paragraph (3).
(7) Once an application is complete, the Department will tentatively decide whether to prepare a draft permit or to deny the application.
(8) If the Department tentatively decides to deny the permit application, it will issue a notice of intent to deny the application. A notice of intent to deny the permit application is a type of draft permit which follows the same procedures as a draft permit prepared under this section. If, after issuing a notice of intent to deny, the Department's final decision is to issue the permit, the notice of intent to deny will be withdrawn and the Department will proceed to prepare a draft permit under paragraph (9).
(9) A draft permit prepared by the Department will contain the following information:
(i) Conditions under 40 CFR Subpart C (relating to conditions applicable to all permits).
(ii) Proposed compliance schedules under 40 CFR 270.33 (relating to schedules of compliance).
(iii) Monitoring requirements under Chapters 264a and 265a; 40 CFR Parts 264 and 265 and 40 CFR 270.14.
(iv) Hazardous waste permit standards for treatment, storage and disposal and other permit conditions under this chapter and 40 CFR, Subpart C (relating to permit conditions).
(10) A draft permit prepared under this section shall be accompanied by a statement of basis, under paragraph (11) or a fact sheet under paragraph (12), publicly noticed under § 270a.80 (relating to public notice and comment requirements) and made available for public comment under § 270a.81 (relating to public hearings). The Department will give notice of the opportunity for a public hearing under § 270a.81 and respond to comments under paragraph (13).
(11) The Department will prepare a statement of basis for every draft permit for which a fact sheet under paragraph (12) is not prepared. The statement of basis will briefly describe the derivation of the conditions of the draft permit and the reasons for them or, in the case of notices of intent to deny or revoke, reasons supporting the tentative decision. The statement of basis will be sent to the applicant and, on request, to other persons.
(12) Preparation of fact sheets shall comply with the following:
(i) A fact sheet will be prepared by the Department for every draft permit for a major hazardous waste management facility or activity, and for every draft permit which the Department determines is the subject of widespread public interest or raises major issues. The fact sheet will briefly set forth the principal facts and the significant factual, legal, methodological and policy questions considered in preparing the draft permit. The Department will send this fact sheet to the applicant and, on request, to other persons.
(ii) The fact sheet shall include the following when applicable:
(A) A brief description of the type of facility or activity which is the subject of the draft permit.
(B) The type and quantity of wastes which are proposed to be or are being treated, stored or disposed of.
(C) A brief summary of the basis for the draft permit conditions, including references to applicable statutory or regulatory provisions.
(D) Reasons why requested variances or alternatives to required standards do or do not appear justified.
(E) A description of the procedures for reaching a final decision on the draft permit including the following:
(I) The beginning and ending dates of the comment period under § 270a.81 and the address where comments will be received.
(II) Procedures for requesting a hearing and the nature of that hearing.
(III) Other procedures by which the public may participate in the final decision.
(IV) The name and telephone number of a person to contact for additional information.
(13) At the time that a final permit is issued, the Department will also issue a response to comments. The response will state the following:
(i) Specify which provisions, if any, of the draft permit have been changed in the final permit decisions, and the reasons for the change.
(ii) Briefly describe the response to significant comments on the draft permit raised during the public comment period or during a hearing.
(14) The Department will make available to the public its response to public comments.
(15) The Department will follow the following procedures if it modifies, revokes and reissues, or revokes a permit:
(i) The Department may modify, revoke and reissue, or revoke a permit either at the request of an interested person--including the permittee--or upon the Department's initiative for reasons specified in 40 CFR 270.41 (relating to modification or revocation and reissuance of permits) and for a reason authorized under the act, this article or the terms and conditions of the permit. A request shall be in writing and contain facts or reasons supporting the request.
(ii) If the Department decides the request is not justified, the Department will send a brief written response giving a reason for the decision to the requestor. The Department's refusal to modify, revoke and reissue or revoke a permit under a request is not subject to public notice, comment or hearings.
(iii) If the Department tentatively decides to modify or revoke and reissue a permit, in accordance with the incorporated provisions of 40 CFR 270.41, it will prepare a draft permit under paragraphs (7)--(9) incorporating the proposed changes. The Department may request additional information from the permittee and may require the permittee to submit an updated permit application. In the case of revoked and reissued permits the Department will require the submission of a new application. The permittee shall submit additional information or an updated or new application under a request by the Department within the time specified by the Department.
(iv) In a permit modification under this section, only those conditions to be modified shall be reopened when a new draft permit is prepared. Other aspects of the existing permit shall remain in effect for the duration of the permit. When the permit is revoked and reissued, the entire permit is reopened just as if the permit had expired and was being reissued. During a revocation and reissuance proceeding. The permittee shall comply with all conditions of the existing permit until a new final permit is issued.
(v) If the Department tentatively decides to revoke a permit in accordance with the incorporated provisions of 40 CFR 270.41, it will issue a notice of intent to revoke. A notice of intent to revoke is a type of draft permit which follows the same procedures as a draft permit prepared under paragraphs (7)--(9).
(vi) Class 1 modifications as listed in the Appendix I to 40 CFR 270.42 (relating to classification of permit modification) are not subject to the requirements of this section.
Subchapter E. EXPIRATION AND CONTINUATION OF PERMITS Sec.
270a.51. Continuation of existing permits. § 270a.51. Continuation of existing permits.
Notwithstanding the requirements incorporated by reference, 40 CFR 270.51 (reltaing to continuance of expiring permits) is not incorporated by reference.
Subchapter F. SPECIAL FORMS OF PERMITS Sec.
270a.60. Permits-by-rule. 270a.61. Emergency permits. 270a.64. Interim permits for UIC wells. § 270a.60. Permits-by-rule.
(a) Notwithstanding the requirements incorporated by reference, the following shall be substituted for the introductory paragraph in 40 CFR 270.60 (relating to permits by rule):
Notwithstanding other provisions of this chapter, the activities listed in this section shall be deemed to have a hazardous waste management permit if the conditions listed are met. The Department may require an owner or operator with a permit-by-rule under this section to apply for, and obtain, an individual permit when the facility is not in compliance with the applicable requirements or is engaged in an activity that harms or presents a threat of harm to the health, safety or welfare of the people or the environment of this Commonwealth.
(b) In addition to the requirements incorporated by reference, the following requirements apply:
(1) The owner or operator of an elementary neutralization unit or a wastewater treatment unit is deemed to have a permit-by-rule, if the following requirements are complied with:
(i) The facility is a captive facility and the only waste treated is generated onsite, or was a captive facility prior to September 4, 1982, and the only waste treated is generated onsite or on an interconnected adjacent site which was previously part of an integrated facility.
(ii) The facility has an NPDES permit, if required, and complies with the conditions of that permit.
(iii) Section 264a.11 (relating to identification number and transporter license) and 40 CFR 264.11 (relating to identification number).
(iv) Chapter 264a, Subchapter D and 40 CFR Subparts C and D (relating to standards for owners and operators of hazardous waste treatment, storage and disposal facilities; transfer of permits; and preparedness and prevention, and preparedness, prevention and contingency (PPC) plan and emergency procedures).
(v) 40 CFR Part 265, Subpart Q (relating to chemical, physical and biological treatment), except for 40 CFR 265.400 (relating to applicability).
(vi) Except for the characteristic of ignitability, the hazardous waste is not being rendered nonhazardous via dilution by merely mixing it with nonhazardous material.
(2) A generator that treats its own hazardous waste in containers, tanks or containment buildings is deemed to have a permit-by-rule, if the following requirements are complied with:
(i) The facility is a captive facility and the only waste treated is generated onsite.
(ii) The notification requirements of 40 CFR 264.11(relating to notification of hazardous waste activities) and the applicable requirements of 40 CFR Part 264, Subparts A--D, I, J and DD and Chapter 264a, Subchapters A, B, D, I, J and DD.
(iii) The applicable requirements of 40 CFR 262.34 (relating to accumulation).
(3) The owner or operator of a battery manufacturing facility reclaiming spent, lead-acid batteries is deemed to have a permit-by-rule, if the following requirements are complied with:
(i) The notification requirements of 40 CFR 264.11.
(ii) The applicable requirements of 40 CFR Part 264, Subparts A--E and I--L and Chapter 264a, Subchapters A, B, D, E and I--L.
(4) The owner or operator of a petroleum refining facility refining hazardous waste along with normal process streams to produce petroleum products is deemed to have a permit-by-rule, if the following requirements are complied with:
(i) The notification requirements of 40 CFR 264.11.
(ii) The applicable requirements of 40 CFR Part 264, Subparts A--E, and I--L and Chapter 264a, Subchapters A, B, D, E and I--L.
(5) The owner or operator of a facility that reclaims hazardous waste onsite, at the site where it is generated is deemed to have a recycling permit for the reclamation, if the following requirements are complied with:
(i) The notification requirements of 40 CFR 264.11.
(ii) The applicable requirements of Chapter 262a and Chapter 264a, Subchapters A, B, D, E and I--L and 40 CFR Part 262 and 264, Subparts A--E and I--L.
(iii) For the purposes of this subsection, onsite reclamation includes reclamation of materials generated at other facilities operated or owned by the same generator, if the generator provides prior written notice to the Department and the wastes are shipped under a manifest in compliance with § 262a.20 (relating to general requirements) and 40 CFR Part 262.20 (relating to manifest).
(iv) The Department may, under special circumstances, approve on a case-by-case basis the receipt and reclamation of wastes generated offsite by a different generator for reclamation at a facility regulated under this subsection without the reclamation of the wastes resulting in the loss of onsite reclamation status under this subsection.
(6) The owner or operator of a facility storing hazardous waste onsite in tanks, containers or containment buildings under paragraph (5) is deemed to have a hazardous waste storage permit for the storage of hazardous waste prior to reclamation if the following requirements are complied with:
(i) The notification requirements of 40 CFR 264.11.
(ii) The applicable requirements of 40 CFR Part 264, Subparts A--D, I, J and DD and Chapter 264a, Subchapters A, B, D, I, J and DD.
(c) In addition to the requirements incorporated by reference:
(1) With respect to any permit-by-rule facility under paragraphs (b)(3)-(6) of this section, the Department may, upon written application from any person subject to these paragraphs, grant a variance from one or more specific provision of those paragraphs in accordance with this subsection.
(2) In granting an variance, the Department may impose specific conditions reasonably necessary to assure that the subject activity will result in a level of protection of the environment and public health equivalent to that which would have resulted from compliance with the suspended provisions. Any variance granted under this section shall be no less stringent than the requirements of section 3010 of the RCRA (42 U.S.C.A. § 6930) and regulations adopted thereunder.
§ 270a.61. Emergency permits.
In addition to the requirements incorporated by reference, the Department may waive the procedural requirements for a hazardous waste management permit under section 504(g) of the Hazardous Sites Cleanup Act (35 P. S. § 6020.504(g)), for site cleanup response actions conducted entirely on the site. For the purposes of this paragraph ''site'' is as defined in section 103 of the Hazardous Sites Cleanup Act (35 P. S. § 6020.103).
§ 270a.64. Interim permits for UIC wells.
Notwithstanding the requirements incorporated by reference, the requirements at 40 CFR 270.64 (relating to interim permits for UIC wells) are not incorporated by reference.
Subchapter G. INTERIM STATUS Sec.
270a.72. Changes during interim status. § 270a.72. Changes during interim status.
Notwithstanding the requirements incorporated by reference, the substitution of terms in § 260a.3 (relating to terminology and citations related to Federal regulations) for the term ''EPA'' does not apply to 40 CFR 270.72(a)(5) and (b)(5) (relating to changes during interim status).
Subchapter H. PUBLIC NOTICE AND HEARINGS Sec.
270a.80. Public notice and comment requirements. 270a.81. Public hearings. 270a.82. Public availability of information. § 270a.80. Public notice and comment requirements.
In addition to the requirements incorporated by reference:
(1) The Department will give public notice that the following actions have occurred:
(i) A permit application has been tentatively denied under § 270a.29 (relating to permit denial), 40 CFR 270.29 (relating to permit denial) and § 270a.41 (relating to modification or revocation and reissuance of permits).
(ii) A draft permit has been prepared under § 270a.41(9).
(iii) A hearing has been scheduled under § 270a.81(2) (relating to public hearings).
(iv) A closure/postclosure plan has been received in accordance with the incorporated requirements of 40 CFR 264.112(d) or 264.118(a) (relating to closure plan; amendment of plan; and postclosure plan; amendment of plan).
(2) A public notice of the preparation of a draft permit, including a notice of intent to deny a permit application, required under paragraph (1) will provide for at least 45 days for public comment.
(3) The Department will give public notice of a public hearing at least 30 days before the hearing. Public notice of the hearing may be given at the same time as public notice of the draft permit, and the two notices may be combined.
(4) The Department will give public notice of activities described in paragraph (1) by the following methods:
(i) By mailing a copy of a notice to the following (persons otherwise entitled to receive notice under this paragraph may waive the right to receive notice for classes and categories of permits):
(A) The applicant.
(B) An agency which the Department knows has issued or is required to issue an RCRA, underground injection control, prevention of significant deterioration, NPDES or 404 permit for the same facility or activity, including EPA .
(C) An appropriate Federal or State agency with jurisdiction over fish, shellfish and wildlife resources or coastal zone management plans, State historic preservation officers, advisory council on historic preservation and other appropriate government authorities, including affected states.
(D) A person on a mailing list developed by the Department, which will include a person who submits to the Department a request in writing to be on the list, a person solicited for area lists from participants in past permit proceedings in that area, and a member of the public notified of the opportunity to be put on the mailing list through periodic publication in the public press and in regional and State-funded newsletters, environmental bulletins or State law journals. The Department may update the mailing list from time to time by requesting written indication of continued interest from those listed. The Department may delete from the list the name of a person who fails to respond to the request.
(E) A unit of local government having jurisdiction over the area where the facility is proposed to be located.
(F) A State agency having authority under State statute with respect to the construction or operation of the facility.
(ii) Publication of a notice in a daily or weekly major local newspaper of general circulation and broadcast over local radio stations.
(iii) In a manner constituting legal notice to the public under State statute.
(iv) By other methods reasonably calculated to give actual notice of the action in question to a person potentially affected by it, including press releases or another form or medium to elicit public participation.
(5) The content of a public notice issued under this section shall contain the following minimum information:
(i) The name and address of the office processing the permit action for which notice is being given.
(ii) The name and address of the permittee or permit applicant and, if different, of the facility or activity regulated by the permit.
(iii) A brief description of the business conducted at the facility or activity described in the permit application or the draft permit.
(iv) The name, address and telephone number of a person from whom an interested person may obtain further information, including copies of the draft permit, the statement of basis or fact sheet, and the application.
(v) A brief description of the comment procedures required by § 270a.81 (relating to public hearings), and the time and place of a hearing that will be held, including a statement of procedures to request a hearing, unless a hearing has already been scheduled, and other procedures by which the public may participate in the final permit decision.
(vi) Additional information which the Department considers necessary or proper.
(6) In addition to the general public notice described in paragraph (5), the public notice of a hearing under § 270a.81 shall contain the following information:
(i) A reference to the date of previous public notices relating to the permit.
(ii) The date, time and place of the hearing.
(iii) A brief description of the nature and purpose of the hearing, including the applicable procedures.
(7) In addition to the general public notice described in paragraph (5), a person identified in paragraph (4)(i)(A)-- (C) will be mailed a copy of the fact sheet or statement of basis, the draft permit and, if applicable, the permit application.
§ 270a.81. Public hearings.
In addition to the requirements incorporated by reference:
(1) During the public comment period provided under § 270a.80 (relating to public notice and comment requirements), an interested person may submit written comments on the draft permit and may request a public hearing, if a hearing has not already been scheduled. A request for a public hearing shall be in writing and state the nature of the issues proposed to be raised in the hearing. The Department will consider comments in making its final decision and will answer these comments as provided in § 270a.41(13) (relating to modification or revocation and reissuance of permits).
(2) The Department will follow the following procedures in a public hearing held under this subchapter:
(i) The Department will hold a public hearing whenever, on the basis of requests received under paragraph (1), it determines that a significant degree of public interest in a draft permit exists.
(ii) The Department may hold a public hearing whenever a hearing might clarify issues involved in the permit decision.
(iii) The Department will hold a public hearing whenever it receives written notice of opposition to a draft permit and a request for a hearing within 45 days of public notice, under § 270a.80.
(iv) The Department will, when possible, schedule a hearing under this section at a location convenient to the nearest population center to the proposed facility.
(v) The Department will give public notice of the hearing under § 270a.80.
(vi) A person may submit oral or written statements and data concerning the draft permit before, during or after the public hearing. The Department may set reasonable limits upon the time allowed for oral statements and may require the submission of statements in writing. The public comment period under § 270a.80 will automatically be extended to the close of a public hearing under this section. The Department's hearing officer may also extend the comment period by so stating at the hearing.
(vii) The Department will make a tape recording or written transcript of the hearing available to the public.
§ 270a.82. Public availability of information.
In addition to the requirements incorporated by reference:
(1) Information provided to the Department under this article will be made available to the public in accordance with the current Departmental policy on public information. The Department will make every effort to respond to written requests in a timely manner by providing the materials requested or a written response explaining why the request cannot be honored.
(2) The Department will release material obtained regarding facilities and sites for the treatment, storage and disposal of hazardous waste, unless the material is subject to a claim of confidentiality under § 270a.12 (relating to confidentiality of information) or other law or regulation. These records include:
(i) Permit applications and modifications.
(ii) Annual reports.
(iii) Closure plans.
(iv) Notification of facility closure.
(v) Contingency plan incidence reports.
(vi) Delisting petitions and other petitions for variances or waivers.
(vii) Financial responsibility instruments.
(viii) Environmental monitoring data, such as groundwater monitoring data.
(ix) Transporter spill reports.
(x) International shipment reports.
(xi) Manifest exception, discrepancy and unmanifested waste reports.
(xii) EPA facility identification numbers.
(xiii) General correspondence with the facility.
(xiv) Enforcement orders.
(xv) Inspection reports.
(xvi) Results of corrective action investigations.
[Pa.B. Doc. No. 97-1981. Filed for public inspection December 5, 1997, 9:00 a.m.]
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