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RCRA REVISION CHECKLIST 148: RCRA Expanded Public Participation (cont'd)

RCRA REVISION CHECKLIST 148

RCRA Expanded Public Participation

60 FR 63417-63434

December 11, 1995

(RCRA Cluster VI, Non-HSWA provisions)

Sections 124.32(a) and 124.33(a) need to have their language revised to remove the limiting language that is not

appropriate for States to adopt. See the summary for this checklist for guidance.

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUSSTATE CITATION STATE ANALOG IS:

WAC 173-303- EQUIV- LESS MORE BROADER

ALENT STRlN- STRlN· IN SCOPE

GENT GENT

PART 124 - PROCEDURES FOR DECISION MAKING

SUBPART B - SPECIFIC PROCEDURES APPLICABLE TO RCRA PERMITS

PRE-APPLICATION PUBLIC MEETING AND NOTICE

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•

requirements of this 124.31(a) 281(4) and 281(4)(a) X

section apply to part B State has an extra

applications seeking requirement that the

initial permits for applicant must

hazardous waste coordinate and obtain

management units; approval from

these requirements also Ecology for their

apply to part B permit meeting date.

applications seeking

permit renewal which

proposes a significant

change in the facility

operations; definition of

"significant change";

definition of "hazardous

waste management

units over which EPA

has permit issuance

authority"; the

requirements of 124.31

do not apply to 270.42

permit modifications or

applications submitted

solely for post-closure

activities or postclosure activities and

corrective action at a

facility

prior to submission of 124.31(b) 281(4)(b) X

part B permit

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RCRA REVISION CHECKLIST 148: RCRA ExpandedPublic Participation (cont'd)

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE CITATION STATE ANALOG IS:

WAC 173-303- EQU1V- LESS MORE BROADER

ALENT STRIN- STRIN- IN SCOPE

GENT GENT

application, the

applicant must hold at

least one public

meeting; the applicant

shall post a sign-in

sheet for attendees

the applicant shall 124.31(c) 281(4)(c) X

submit a summary of

the meeting, a list of the

attendees and their

addresses, and copies of

any written comments

or materials submitted

at the meeting as part of

the part B application,

in accordance with

270. 14(b)

the applicant must 124.31(d) 281(4)(d) X

provide public notice of

the pre-application

meeting at least 30 days

prior to the meeting;

must maintain and

provide documentation

of public notice to the

permitting agency upon

request

the applicant shall 124.31(d)(I) 281(4)(d)(i) X

provide public notice in

all of the following

forms:

newspaper 124.31(d)(l)(i) 281(4)(d)(i)(A) X

advertisement, as

specified

visible and accessible 124.31(d)(l)(ii) 281(4)(d)(i)(B) X

sign, as specified

broadcast media 124.31(d)(l)(iii) 281(4)(d)(i)(C) X

announcement, as

specified

notice to the permitting 124.31(d)(l)(iv) 281(4)(d)(i)(D) X

agency and units of

o

o

o

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RCRA REVISION CHECKLIST 148: RCRA Expanded Public Participation (cont'd)

FEDERAL REQUIREMENTS FEDERAL RCRACITATION ANALOGOUS STATECITATION STATE ANALOGIS:

WAC173-303- EQUIV- LESS MORE BROADER

ALENT STRJN- STRIN- IN SCOPE

GENT GENT

state and local

government, as

specified

the notices required 124.31(d)(2) 281(4)(d)(ii) X

under 124.31(d)(1)

must include:

date, time, and location 124.31(d)(2)(i) 281(4)(d)(ii)(A) X

of the meeting

brief description of the 124.31(d)(2)(ii) 281(4)(d)(ii)(B) X

purpose of the meeting

brief description of the 124.31(d)(2)(iii) 28l(4)(d)(ii)(C) X

facility and proposed

operations, including

address or map

statement encouraging 124.31(d)(2)(iv) 281(4)(d)(ii)(D) X

people to contact the

facility at least 72 hours

before the meeting if

they need special access

name, address, and 124.31(d)(2)(v) 281(4)(d)(ii)(E) X

telephone number of a

contact person for the

applicant

PUBLIC NOTICE REQUIREMENTS AT THE APPLICATION STAGE

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1 requirements of this 124.32(a) 281(5) and 281(5)(a)

section apply to part B

applications seeking

initial permits for

hazardous waste

management units;

these requirements also

apply to part B permit

applications seeking

permit renewal for such

units under 270.51;

definition of "hazardous

waste management

units"; the requirements

of 124.32 do not apply

to 270.42 permit

modifications or

December 11, 1995 - Page 3 of 10

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RCRA REVISION CHECKLIST 148: RCRA Expanded Public Participation (cont'd)

FEDERAL REQUIREMENT'S FEDERAL RCRA CITATION ANALOGOUS STArn CITATION STATE ANALOG IS:

WAC 173-303- EQUIV- LESS MORE BROADER

ALENT STRlN- STRlN- IN SCOPE

GENT GENT

applications submitted

solely for post-closure

activities or postclosure activities and

corrective action at a

facility

notification at 124.32(b) 281(5)(b) X

application submittal

the Director shall 124.32(b)(l) 281(5)(b)(i) X

provide public notice as

set forth in

124.1O(c)(l)(ix) and

notice to appropriate

units of State and local

govenunentassetforth

in 124.1O(c)(I)(x), that

a part B application has

been submitted

notice shall be 124.32(b)(2) 281(5)(b)(ii) X

published within a

reasonable period of

time after the

application is received

by the Director; the

notice must include:

name and telephone 124.32(b)(2)(i) 281(5)(b)(ii)(A) X

number of the

applicant's contact

person

name, telephone 124.32(b)(2)(ii) 281(5)(b)(ii)(B) X

number, and mailing

address of the

.permitting agency's

contact office

address to which people 124.32(b)(2)(iii) 281(5)(b)(ii)(C) X

can write in order to be

put on the facility

mailing list

location where copies 124.32(b)(2)(iv) 281(5)(b)(ii)(D) X

of the permit

application and any

o

C)

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RCRA REVISION CHECKLIST 148: RCRA Expanded Public Participation (cont'd)

FEDERAL REQUIREMENTS FEDERAL RCRACITATION ANALOGOUS STATECITATION STATEANALOGIS:

WAC 173-303- EQUIV- LESS MORE BROADER

ALENT STRlN· STRlN- IN SCOPE

GENT GENT

supporting documents

can be viewed and

copied

brief description of the 124.32(b)(2)(v) 281(5)(b)(ii)(E) X

facility and proposed

operations, including

address or map, on the

front page of the notice

date the application was 124.32(b)(2)(vi) 281(5)(b)(ii)(F) X

submitted

concurrent with the 124.32(c) 281(5)(b)(iii) X

notice required under

124.32(b), the Director

must place the permit

application and any

support documents in a

location accessible to

the public in the

vicinity of the facility

or at the permitting

agency's office

INFORMATION REPOSITORY

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1 requirements of this 124.33(a) 281(6) and 281(6)(a) X

section apply to all

applications seeking

permits for hazardous

waste management

units; definition of .

"hazardous waste

management units"

the Director may assess 124.33(b) 281(6)(b) X

the need, on a case-bycase basis, for an

information repository;

he shall consider a

variety of factors,

including level of

public interest, type of

facility, presence of

existing repository, and

proximity to nearest

copy of administrative

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RCRA REVISION CHECKLIST 148: RCRA Expanded Public Participation (cont'd)

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE CITATION STATE ANALOG IS:

WAC 173-303- EQUIV- LESS MORE BROADER

ALENT STRIN- STRIN- IN SCOPE

GENT GENT

record; if a need is

determined, the

Director shall notify the

facility to establish and

maintain a repository

the repository shall 124.33(c) 28l(6)(c) X

contain all documents,

reports, data, and

information deemed

necessary by the

Director

the repository shall be 124.33(d) 281(6)(d) X

located and maintained

at a site chosen by the

facility; if the site is

unsuitable, the Director

shall specify a more

appropriate site

the Director shall 124.33(e) 281(6)(e) X

specify requirements

for informing the public

about the repository; at

a minimum, the

Director shall require

the facility to provide a

written notice about the

repository to all persons

on the facility mailing

list

the facility owner or 124.33(f) 281(6)(f) X

operator shall be

responsible for

maintaining and

updating the repository;

the Director may close

the repository at his

discretion based on

factors in 124.33(b)

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RCRA REVISION CHECKLIST 148: RCRA Expanded Public Participation (cont'd)

PART 270 - EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT

PROGRAM

SUBPART A - GENERAL INFORMATION

DEFINITIONS

revise "Facility mailing 270.2, "Facility mailing 040 X

list" by changing list"

"124.1O(c)(viii)" to

"124.10(c)(1)(ix)"

SUBPART B - PERMIT APPLICAnON

CONTENTS OF PART B: GENERAL REQUIREMENTS

add new paragraph; 270.14(b)(22) 806(4)(a)(xxv) X

summary of preapplication meeting, a

list of the attendees and

their addresses, and

copies of any written

comments or materials

submitted at the

meeting, as required

under 124.3I(c)

SUBPART C - PERMIT CONDITIONS

CONDITIONS APPLICABLE TO ALL PERMITS

add new paragraph; the 270.30(m) 810(16) X

Director may require

the permittee to

establish and maintain

an information

repository at any time,

as set forth in

124.33(b); information

repository shall be

governed by provisions

in 124.33(c)-(f)

SUBPART F - SPECIAL FORMS OF PERMITS

EMERGENCY PERMITS

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replace "124.11(b)"

with "124.1O(b)"

270.61(b)(5) 804(6)(a)

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RCRA REVISION CHECKLIST 148: RCRA Expanded Public Participation (cont'd)

HAZARDOUS WASTE INCINERATOR PERMITS

redesignate former 270.62(b)(6) 807(6) X

270.62(b)(6) as

270.62(b)(7); add new

270.62(b)(6)

addressing the notice to

be sent by the Director

to all persons on the

facility mailing list and

to the appropriate units

of State and local

government announcing

the scheduled

commencement and

completion dates for the

trial burn; applicant

may not commence the

trial burn until after

notice has been issued

notice must be mailed 270.62(b)(6)(i) 807(6)(a) X

within a reasonable

time period before the

scheduled trial burn;

additional notice not

required if trial burn is

delayed due to

circumstances beyond

the facility's or

permitting agency's

control

notice must contain: 270.62(b)(6)(ii) 807(6)(b) X

name and telephone of 270.62(b)(6)(ii)(A) 807(6)(b)(i) X

the applicant's contact

person

name and telephone 270.62(b)(6)(ii)(B) 807(6)(b)(ii) X

number of the

permitting agency's

contact office

location where the 270.62(b)(6)(ii)(C) 807(6)(b)(iii) X

approved trial burn plan

and any supporting

documents can be

reviewed and copied

expected time period 270.62(b)(6)(ii)(D) 807(6)(b)(iv) X

o

o

o

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RCRA REVISION CHECKLIST 148: RCRA Expanded PublicParticipation (cont'd)

for commencement and

completion of the trial

bum

former 270.62(b)(6) 270.62(b)(7) 807(7) X

becomes 270.62(b)(7)

redesignate former 270.62(b)(8)-(II) 807(8) - (11) 'X

270.62(b)(7)-(10) as

270.62(b)(8)-(l1)

in the first sentence, 270.62(d) 807(14) X

replace "paragraph

(b)(2) through (b)(9)"

with "paragraphs (b)(2)

through (b)(5) and

(b)(7) through (b)(l0)";

after the first sentence,

insert two new

sentences; the first new

sentence requires the

Director to announce

his or her intention to

approve the trial bum

plan as specified; the

second new sentence

addresses what the

notice must include; in

the sentence beginning

with "Applicants

submitting information

under...", replace

§§264.343" with "40

CPR 264.343"; in the

sentence beginning with

"Applicants who submit

trial bum plans...",

replace "paragraph

(b)(6)" with "paragraph

(b)(7) of this section"

PERMITS FOR BOll..ERS AND INDUSTRIAL FURNACES BURNING HAZARDOUS WASTE

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redesignate former 270.66(d)(3)

270.66(d)(3) as

270.66(d)(4); add new

270.66(d)(3) requiring

the Director to send

notice to all persons on

the facility mailing list

and to the appropriate

units of State and local

No Analog.

The State has not

adopted BIF

requirements. The

remainder of the BIF

citations have been

deleted.

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RCRA REVISION CHECKLIST 148: RCRA Expanded Public Participation (cont'd)

government announcing

the scheduled

commencement and

completion dates for the

trial bum; applicant

may not commence the

trial bum until after

notice has been issued

revise paragraph; insert 270.66(g) End of deleted BIF

"of this chapter" after citations.

the second reference to

"§ 266.103" in the first

sentence; after the first

sentence, insert new

second and third

sentences; the first new

sentence requires the

Director to announce

his or her intention to

approve a trial bum

plan as specified;

second new sentence

addresses what the

notice must include

cial guidance in the summary for this checklist regarding state adoption of these paragraphs.

o

o

ypographical error at 270.66(g); at 60 FR 63434, "§§266.104 through 266.107" was changed to ''§.266.104 through 266.107".

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