Subchapter I. PROCEDURES FOR STANDARDIZED PERMIT
Sec.
270a.201. Incorporation by reference, scope and applicability.
270a.202. Applying for a standardized permit.
270a.203. Switching from an individual RCRA permit to a standardized permit.
270a.204. Procedures for preparing a draft standardized permit.
270a.205. Procedures for preparing a final standardized permit.
270a.206. Requirement to apply for an individual permit.
270a.207. Requirements for standardized permit public notices.
270a.208. Opportunities for public comments and hearings on draft standardized permit decisions.
270a.209. Response to comments.
270a.210. Procedures to appeal a final standardized permit.
270a.212. Making routine changes.
270a.214. Making significant changes.
Authority The provisions of this Subchapter I adopted 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 Subchapter I adopted January 9, 2009, effective January 10, 2009, 39 Pa.B. 201, unless otherwise noted.
§ 270a.201. Incorporation by reference, scope and applicability.
(a) Except as expressly provided in this subchapter, 40 CFR Part 124, Subpart G (relating to procedures for RCRA standardized permit) is incorporated by reference.
(b) The reference to § 124.2 in the introductory paragraph to 40 CFR 124.200 (relating to what is a RCRA standardized permit?) is replaced with § 270a.2(c) (relating to definitions).
(c) The requirements of § § 270a.3, 264a.82, 264a.83, 265a.82 and 265a.83 do not apply to standardized permits.
§ 270a.202. Applying for a standardized permit.
Relative to the requirements incorporated by reference, the reference to 40 CFR 124.31 (relating to pre-application public meeting and notice) is replaced with § 270a.83 (relating to preapplication public meeting and notice).
§ 270a.203. Switching from an individual RCRA permit to a standardized permit.
Relative to the requirements incorporated by reference, the reference to 40 CFR 124.5 (relating to modification, revocation and reissuance, or termination of permits) is replaced with § 270a.41 (relating to procedures for modification, termination or revocation and reissuance of permits), and the reference to 40 CFR 124.204 (relating to what must I do as the Director of the regulatory agency to prepare a draft standardized permit?) is replaced with § 270a.204 (relating to procedures for preparing a draft standardized permit).
§ 270a.204. Procedures for preparing a draft standardized permit.
40 CFR 124.204 (relating to what must I do as the director of the regulatory agency to prepare a draft standardized permit?) is not incorporated by reference. Draft standardized permits are prepared in accordance with the following:
(1) The Department will review the Notice of Intent and supporting information submitted by the facility owner or operator.
(2) The Department will determine whether the facility is or is not eligible to operate under the standardized permit.
(i) If the facility is eligible for the standardized permit, the Department will propose terms to include in a supplemental portion. If the Department determines that these terms and conditions are necessary to protect human health and the environment and cannot be imposed, coverage under the standardized permit will be denied.
(ii) If the facility is not eligible for the standardized permit, the Department will tentatively deny coverage under the standardized permit. Cause for ineligibility may include the following:
(A) Failure of the owner or operator to submit all the information required under 40 CFR 270.275 (relating to what information must I submit to the permitting agency to support my standardized permit application?).
(B) Information submitted that is required under 40 CFR 270.275 is determined to be inadequate.
(C) The facility does not meet the eligibility requirements (activities are outside the scope of the standardized permit).
(D) A demonstrated history of significant noncompliance with applicable requirements.
(E) Permit conditions cannot ensure protection of human health and the environment.
(3) The Department will prepare a draft permit decision within 120 days after receiving the Notice of Intent and supporting documents from a facility owner or operator. The tentative determination under this section to deny or grant coverage under the standardized permit, including any proposed site-specific conditions in a supplemental portion, constitutes a draft permit decision. During the initial 120-day review period the Department may notify the permit applicant and take up to an additional 30 days to prepare a draft permit decision if determined necessary to complete review of documents submitted with the Notice of Intent.
(4) The Department’s draft permit decision will be accompanied by a statement of basis or fact sheet as provided for in § 270a.10(c)(10)—(12) (relating to general application requirements and permit issuance procedures).
Cross References This section cited in 25 Pa. Code § 270a.203 (relating to switching from an individual RCRA permit to a standardized permit).
§ 270a.205. Procedures for preparing a final standardized permit.
40 CFR 124.205 (relating to what must I do as the director of the regulatory agency to prepare a final standardized permit?) is not incorporated by reference. Final standardized permits are prepared in accordance with the following: The Department will consider all comments received during the public comment period under § 270a.208 (relating to opportunities for public comments and hearings on draft standardized permit decisions) in making a final permit decision.
§ 270a.206. Requirement to apply for an individual permit.
40 CFR 124.206 (relating to in what situations may I require a facility owner or operator to apply for an individual permit?) is not incorporated by reference.
(1) The Department may determine that a facility is not eligible for the standardized permit based on the following:
(i) The facility does not meet the criteria in 40 CFR 124.201 (relating to who is eligible for a standardized permit?).
(ii) The facility has a demonstrated history of significant noncompliance with regulations or permit conditions.
(iii) The facility has a demonstrated history of submitting incomplete or deficient permit application information.
(iv) The facility has submitted incomplete or inadequate materials with the Notice of Intent.
(2) If the Department determines that a facility is not eligible for the standardized permit, the Department will inform the facility owner or operator that it shall apply for an individual permit.
(3) The Department may require a facility that has a standardized permit to apply for and obtain an individual permit. An interested person may petition the Department to take action under this paragraph. Cases when the Department may require an individual permit include the following:
(i) The facility is not in compliance with the terms and conditions of the standardized permit.
(ii) Circumstances have changed since the time the facility owner or operator applied for the standardized permit, so that the facility’s hazardous waste management practices are no longer appropriately controlled under the standardized permit.
(4) If the Department requires a facility authorized by a standardized permit to apply for an individual permit, the Department will notify the facility owner or operator in writing that an individual permit application is required. The Department will include in this notice a brief statement of the reasons for the decision, a statement setting a deadline for the owner or operator to file the application, and a statement that, on the effective date of the individual permit, the facility’s standardized permit automatically terminates. The Department may grant additional time to file an application for an individual permit upon request from the facility owner or operator.
(5) When the Department issues an individual permit to an owner or operator otherwise subject to a standardized permit, the standardized permit for the facility will automatically cease to apply on the effective date of the individual permit.
§ 270a.207. Requirements for standardized permit public notices.
40 CFR 124.207 (relating to what are the requirements for public notices?) is not incorporated by reference.
(1) The Department will provide public notice of a draft standardized permit decision and an opportunity for the public to submit comments and request a hearing on the decision. The Department will provide the public notice to:
(i) The applicant.
(ii) Another agency that the Department knows has issued or is required to issue a RCRA, underground injection control, prevention of significant deterioration (or other permit under the Clean Air Act), NPDES, 404, sludge management permit, or ocean dumping permit under the Marine Protection, Research, and Sanctuaries Act of 1972, the act of October 23, 1972 (Pub. L. No. 92-532, 86 Stat. 52) for the same facility or activity, including the EPA.
(iii) Federal or State agencies with jurisdiction over fish, shellfish and wildlife resources or coastal zone management plans, the Advisory Council on Historic Preservation, State historic preservation officers, and other appropriate government authorities, including any affected states.
(iv) Each person on a mailing list developed by the Department, which includes a person who submits to the Department a request in writing to be included 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 periodically 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.
(v) Units of local government having jurisdiction over the area where the facility is located or proposed to be located.
(vi) State agencies having authority under State statute with respect to the construction or operation of the facility.
(2) The Department will issue the public notice according to the following methods:
(i) Publication of a notice in the Pennsylvania Bulletin and in a daily or weekly major local newspaper of general circulation and broadcast over local radio stations.
(ii) Other methods reasonably calculated to give actual notice of the action in question to a person potentially affected by it, including press releases or any other forum or medium to elicit public participation.
(3) The Department will include the following information in the public notice:
(i) The name and telephone number of the contact person at the facility.
(ii) The name and telephone number of the Department office, and a mailing address to which people may direct comments, information, opinions or inquiries.
(iii) An address to which people may write to be put on the facility mailing list.
(iv) The location where people may view and make copies of the draft standardized permit and the Notice of Intent and supporting documents.
(v) A brief description of the facility and proposed operations, including the address or a map of the facility location on the front page of the notice.
(vi) The date that the facility owner or operator submitted the Notice of Intent and supporting documents.
(4) At the same time the public notice under this section is issued, the Department will place the draft standardized permit (including both the uniform portion and the supplemental portion, if any), the Notice of Intent and supporting documents, and the statement of basis or fact sheet in a location accessible to the public in the vicinity of the facility or at a Department office in the vicinity of the facility.
Cross References This section cited in 25 Pa. Code § 270a.208 (relating to opportunities for public comments and hearings on draft standardized permit decisions); and 25 Pa. Code § 270a.212 (relating to making routine changes).
§ 270a.208. Opportunities for public comments and hearings on draft standardized permit decisions.
40 CFR 124.208 (relating to what are the opportunities for public comments and hearings on draft permit decisions?) is not incorporated by reference.
(1) The public notice that the Department issues under § 270a.207 (related to requirements for standardized permit public notices) will allow at least a 45-day public comment period for people to submit written comments on the draft standardized permit decision. The public comment period will automatically be extended to the close of a public hearing under this section. The hearing officer may also extend the public comment period by so stating at the hearing.
(2) During the public comment period, any interested person may submit written comments on the draft standardized permit and may request a public hearing. Requests for public hearings must be submitted in writing to the Department and state the nature of the issues proposed to be raised during the hearing.
(3) The Department will hold a public hearing if a written notice of opposition to a standardized permit and a request for a hearing is received within the public comment period under paragraph (1). The Department may also hold a public hearing at its discretion, whenever, for instance, a hearing may clarify one or more issues involved in the standardized permit decision.
(4) Whenever possible, the Department will schedule a hearing under this section at a location convenient to the nearest population center to the facility. The Department will give public notice of the hearing at least 30 days before the date of the hearing.
(5) The Department will give public notice of the hearing according to the methods in § 270a.207(1) and (2). A person may submit oral or written statements and data concerning the draft standardized permit before, during or after the public hearing, as long as the Department receives the statements and data during the public comment period. The Department may set reasonable time limits upon the time allowed for oral statements and may require the submission of statements in writing. The Department will make a tape recording or written transcript of the hearing available to the public.
(6) Comments submitted in accordance with this section on the draft standardized permit decision may include the facility’s eligibility for the standardized permit, the proposed supplemental conditions, if any, and the need for additional supplemental conditions.
Cross References This section cited in 25 Pa. Code § 270a.205 (relating to procedures for preparing a final standardized permit).
§ 270a.209. Response to comments.
40 CFR 124.209 (relating to what are the requirements for responding to comments?) is not incorporated by reference.
(1) At the time the Department issues a final standardized permit, it will also respond to comments received during the public comment period on the draft standardized permit. The Department’s responses will:
(i) Specify which additional conditions, if any, were changed in the final permit and the reasons for the change.
(ii) Briefly describe and respond to all comments on the facility’s ability to meet the terms and conditions of the standardized permit, and on any additional conditions necessary to protect human health and the environment.
(2) The Department may request additional information from the facility owner or operator or inspect the facility if it determines that additional information is necessary to adequately respond to comments or to make decisions regarding the terms and conditions of the standardized permit.
(3) The Department will make its response to public comments available to the public.
§ 270a.210. Procedures to appeal a final standardized permit.
40 CFR 124.210 (relating to may I, as an interested party in the permit process, appeal a final standardized permit?) is not incorporated by reference. The final standardized permit will contain information regarding the procedures to follow to appeal the Department’s final permit decision, including the decision that the facility is eligible for the standardized permit. The terms and conditions of the uniform portion of the standardized permit are not subject to appeal.
§ 270a.212. Making routine changes.
Regarding the 40 CFR 124.212 requirements incorporated by reference, the reference to 40 CFR 124.10(c)(1)(ix) and (x) (relating to public notice of permit actions and public comment period) is replaced with § 270a.207(1)(iv)—(vi) (relating to requirements for standardized permit public notices).
§ 270a.214. Making significant changes.
Regarding the requirements incorporated by reference, the reference to 40 CFR 124.31(d) (relating to pre-application public meeting and notice) is replaced with § 270a.83(d) (relating to preapplication public meeting and notice).
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