25 Pa. Code § 270a.41. Procedures for modification, termination or revocation and reissuance of permits.

§ 270a.41. Procedures for modification, termination or revocation and reissuance of permits.

Instead of the procedures required in 40 CFR Part 124 (relating to procedures for decision making), permits are modified, terminated or revoked and reissued in accordance with the following:
   (1)  The Department may modify, revoke and reissue, or terminate 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—270.43 (relating to modification or revocation and reissuance of permits; permit modification at the request of the permittee; and modification or revocation and reissuance of permits, and termination of permits) or for a reason authorized under the act, this article or the terms and conditions of the permit. A request must be in writing and contain facts or reasons supporting the request.
   (2)  If the Department decides the request is not justified, the Department sends a brief written response giving a reason for the decision to the requester. The Department’s refusal to modify, or revoke and reissue a permit under a request is not subject to public notice, comment or hearings.
   (3)  If the Department tentatively decides to modify, terminate or revoke and reissue a permit, in accordance with the incorporated provisions of 40 CFR 270.41, 270.42(c) or 270.43, the Department will prepare a draft permit under §  270a.10(c)(7)—(10) (relating to general application requirements) incorporating the proposed changes. The Department may request in writing additional information from the permittee and may require the permittee to submit an updated permit application. In the case of revoked and reissued permits, other than under 40 CFR 270.41(b)(3), the Department requires the submission of a new application. In the case of revoked and reissued permits under 40 CFR 270.41(b)(3), the permittee shall comply with the appropriate requirements in Subchapter I (relating to procedures for standardized permit). The permittee shall submit additional information or an updated or new application under a written request by the Department within the time specified by the Department.
   (4)  In a permit modification under this section, only those conditions to be modified are reopened when a new draft permit is prepared. Other aspects of the existing permit 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 expired and is 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.
   (5)  If the Department tentatively decides to terminate a permit in accordance with the incorporated provisions of 40 CFR 270.43, it issues a notice of intent to terminate. A notice of intent to terminate is a type of draft permit which follows the same procedures as a draft permit prepared under §  270a.10(c)(7)—(10).
   (6)  Class 1 modifications, as listed in the Appendix I to 40 CFR 270.42, are not subject to the requirements of this section.

Authority

   The provisions of this §  270a.41 amended under sections 105, 402 and 501 of the Solid Waste Management Act (35 P. S. § §  6018.105, 6018.402 and 6018.501); sections 303 and 305(e)(2) of the Hazardous Sites Cleanup Act (35 P. S. § §  6020.303 and 6020.305(e)(2)); section 5, 402 and 501 of The Clean Streams Law (35 P. S. § §  691.5, 691.402 and 691.501); and section 1920-A of The Administrative Code of 1929 (71 P. S. § §  510-20).

Source

   The provisions of this §  270a.41 amended January 9, 2009, effective January 10, 2009, 39 Pa.B. 201. Immediately preceding text appears at serial pages (294538) to (294539).

Cross References

   This section cited in 25 Pa. Code §  270a.80 (relating to public notice and comment requirements); and 25 Pa. Code §  270a.203 (relating to switching from an individual RCRA permit to a standardized permit).

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