Subchapter B. PERMIT APPLICATION
Sec.
270a.10. General application requirements and permit issuance procedures.
270a.12. Confidentiality of information.
270a.13. Contents of Part A of the permit application.
270a.14. Additional applicant requirements.
270a.29. Permit denial.§ 270a.10. General application requirements and permit issuance procedures.
(a) Regarding 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(e)(2) (relating to general application requirements).
(2) In 40 CFR 270.10(e)(3), the term ‘‘Department’’ is substituted for “administrator” and “sections 602 and 610 of the act” are substituted for “section 3008 of RCRA.”
(3) The substitution of terms in § 260a.3 for the term ‘‘Administrator’’ does not apply to 40 CFR 270.10(f)(3).
(4) An application submitted under 40 CFR 270.10(f)(2) and (g)(1)(i) shall be submitted to the Department and not to the EPA.
(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).
(c) The following procedures are used in issuing a permit:
(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 complies with the application requirements for that permit and the signature and certification requirements of 40 CFR 270.11 (relating to signatories to permit applications and reports).
(3) The Department reviews for completeness every hazardous waste permit application for a new or existing hazardous waste management facility. Upon completing the review, the Department notifies the applicant in writing whether the application is complete. If the application is incomplete, the Department lists the information necessary to make the application complete. When the application is for an existing hazardous waste management facility, the Department specifies in the notice of deficiency a date for submitting the necessary information. If the applicant thereafter submits a complete application, the Department notifies 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 do 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 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 tentatively decides 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 is withdrawn and the Department will proceed to prepare a draft permit under paragraph (9).
(9) A draft permit prepared by the Department contains the following information:
(i) Conditions under this chapter and 40 CFR 270.30 and 270.32 (relating to conditions applicable to all permits; and establishing permit conditions).
(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 270.31.
(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 a public comment under § 270a.81(2) (relating to public hearings). The Department gives notice of the opportunity for public hearing under § 270a.81(2) and responds to comments under paragraph (13).
(11) The Department prepares a statement of basis for every draft permit for which a fact sheet under paragraph (12) is not prepared. The statement of basis describes 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 support ing the tentative decision. The statement of basis is sent to the applicant and, on request, to other persons.
(12) Preparation of fact sheets complies with the following:
(i) A fact sheet is 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 briefly sets forth the principal facts and the significant factual, legal, methodological and policy questions considered in preparing the draft permit. The Department sends this fact sheet to the applicant and, on request, to other persons.
(ii) The fact sheet includes 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 proposed to be or being treated, stored or disposed.
(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.80 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 also issues a response to comments. The response does the following:
(i) Specifies which provisions, if any, of the draft permit changed in the final permit decisions, and the reasons for the change.
(ii) Briefly describes responses to significant comments on the draft permit raised during the public comment period or during a hearing.
(14) The Department makes its response to public comments available to the public.
Cross References This section cited in 25 Pa. Code § 270a.29 (relating to permit denial); 25 Pa. Code § 270a.41 (relating to procedures for modification, termination or revocation and reissuance of permits); 25 Pa. Code § 270a.80 (relating to public notice and comment requirements); 25 Pa. Code § 270a.81 (relating to public hearings); and 25 Pa. Code § 270a.204 (relating to preparing a draft standardized permit).
§ 270a.12. Confidentiality of information.
40 CFR 270.12 (relating to confidentiality of information) is not incorporated by reference. The confidentiality of information is 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 keeps confidential information in a secure repository and does not make the information available for inspection by the general public.
(4) The Department makes confidential information available to any State or Federal agency for the purpose of administration of any State or Federal law.
Cross References This section cited in 25 Pa. Code § 270a.82 (relating to public availability of information).
§ 270a.13. Contents of Part A of the permit application.
In addition to the requirements incorporated by reference, Part A of the permit application includes information to demonstrate compliance with the siting criteria in Chapter 269a (relating to siting).
§ 270a.14. Additional applicant requirements.
(a) In addition to the requirements incorporated by reference, permit applicants shall also comply with § 270a.83 (relating to preapplication public meeting and notice).
(b) 40 CFR 270.14(b)(20) (relating to contents of Part B: general requirements) is not incorporated by reference.
§ 270a.29. Permit denial.
(a) 40 CFR 270.29 (relating to permit denial), is not incorporated by reference.
(b) 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 § 270a.10(c) (relating to general application requirements and permit issuance procedures). 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 is withdrawn and the Department proceeds to prepare a draft permit under § 270a.10(c).
Cross References This section cited in 25 Pa. Code § 270a.80 (relating to public notice and comment requirements).
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