Current through Register Vol. 54, No. 44, November 2, 2024
(a)
Applicability.
(1) This section applies to RCRA Part B
applications seeking initial permits for hazardous waste management units over
which the Department has permit issuance authority.
(2) This section also applies to RCRA Part B
applications seeking renewal of permits for the units, if the renewal
application is proposing a significant change in facility operations.
(3) For the purposes of this section, a
"significant change" is a change that would qualify as a Class 3 permit
modification under 40 CFR
270.42 (relating to permit modification at
the request of the permittee) and §
270a.42 (relating to permit
modification at the request of the permittee).
(4) This section also applies to hazardous
waste management facilities for which facility owners or operators are seeking
coverage under a RCRA standardized permit (see 40 CFR Part 270 , Subpart J
(relating to RCRA standardized permits for storage and treatment units)),
including renewal of a standardized permit for the units, when the renewal is
proposing a significant change in facility operations, as defined in
40 CFR
124.211(c) (relating to what
types of changes may I make to my standardized permit?).
(5) This section does not apply to Class 1 or
Class 2 permit modifications under
40 CFR
270.42 and
270a.42 or to applications that
are submitted for the sole purpose of conducting postclosure activities or
postclosure activities and corrective action at a facility.
(b) Prior to the submission of a Part B RCRA
permit application for a facility, or to the submission of a written Notice of
Intent to be covered by a RCRA standardized permit (see 40 CFR Part 270 ,
Subpart J), the applicant shall hold at least one meeting with the public to
solicit questions from the community and inform the community of proposed
hazardous waste management activities. The applicant shall post a sign-in sheet
or otherwise provide a voluntary opportunity for attendees to provide their
names and addresses.
(c) The
applicant shall submit a summary of the meeting, along with the list of
attendees and their addresses developed under subsection (b), and copies of any
written comments or materials submitted at the meeting, to the Department as a
part of the Part B application, under
40 CFR
270.14(b) (relating to
contents of Part B: general requirements), or with the written Notice of Intent
to be covered by a RCRA standardized permit (see 40 CFR Part 270 , Subpart
J).
(d) The applicant shall provide
public notice of the preapplication meeting at least 30 days prior to the
meeting. The applicant shall maintain, and provide to the Department upon
request, documentation of the notice.
(1) The
applicant shall provide public notice in the following forms:
(i)
Newspaper advertisement
. The applicant shall publish a notice, fulfilling the requirements in
paragraph (2), in a newspaper of general circulation in the county or
equivalent jurisdiction that hosts the proposed location of the facility. In
addition, the Department will instruct the applicant to publish the notice in
newspapers of general circulation in adjacent counties or equivalent
jurisdictions, if the Department determines that the publication is necessary
to inform the affected public. The notice shall be published as a display
advertisement.
(ii)
Visible
and accessible sign. The applicant shall post a notice on a clearly
marked sign at or near the facility, fulfilling the requirements in paragraph
(2). If the applicant places the sign on the facility property, the sign shall
be large enough to be readable from the nearest point where the public would
pass by the site.
(iii)
Broadcast media announcement. The applicant shall broadcast a
notice, fulfilling the requirements in paragraph (2), at least once on at least
one local radio station or television station. The applicant may employ another
medium with prior approval of the Department.
(iv)
Notice to the
Department. The applicant shall send a copy of the newspaper notice to
the Department and to the appropriate units of State and local
government.
(2) The
notices required under paragraph (1) must include the following:
(i) The date, time and location of the
meeting.
(ii) A brief description
of the purpose of the meeting.
(iii) A brief description of the facility and
proposed operations, including the address or a map-for example, a sketched or
copied street map-of the facility location.
(iv) A statement encouraging people to
contact the facility at least 72 hours before the meeting if they need special
access to participate in the meeting.
(v) The name, address and telephone number of
a contact person for the applicant.
The provisions of this §270a.83 amended under sections
105, 402 and 501 of the Solid Waste Management Act (35 P. S. §
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. §
35
P. S. §§
6020.303 and
6020.305(e)(2)); section 5,
402 and 501 of The Clean Streams Law (35 P. S. §
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).
This section cited in 25 Pa. Code §
270a.42 (relating to permit
modification at the request of the permittee); 25 Pa. Code §
270a.201 (relating to
incorporation by reference, scope and applicability); and 25 Pa. Code §
270a.214 (relating to making
significant changes).
