Pennsylvania Code
Title 25 - ENVIRONMENTAL PROTECTION
Part I - Department of Environmental Protection
Subpart D - Environmental Health and Safety
Article VII - Hazardous Waste Management
Chapter 270a - HAZARDOUS WASTE PERMIT PROGRAM
Subchapter B - PERMIT APPLICATION
Section 270a.10 - General application requirements and permit issuance procedures
Universal Citation: 25 PA Code § 270a.10
Current through Register Vol. 55, No. 13, March 29, 2025
(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 supporting 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.
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).
Disclaimer: These regulations may not be the most recent version. Pennsylvania may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
