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 D - CHANGES TO PERMITS › Section 270a.41 - Procedures for modification, termination or revocation and reissuance of permits

Current through Register Vol. 54, No. 28, July 13, 2024
Instead of the procedures required in 40 CFR Part 124
						  (relating to procedures for decision making), permits are modified, terminated
						  or revoked and reissued in accordance with the following:
(1) The Department may modify, revoke and
						reissue, or terminate a permit either at the request of an interested person,
						including the permittee, or upon the Department's initiative for reasons
						specified in 40 CFR
						270.41-270.43 (relating to
						modification or revocation and reissuance of permits; permit modification at
						the request of the permittee; and modification or revocation and reissuance of
						permits, and termination of permits) or for a reason authorized under the act,
						this article or the terms and conditions of the permit. A request must be in
						writing and contain facts or reasons supporting the request.
(2) If the Department decides the request is
						not justified, the Department sends a brief written response giving a reason
						for the decision to the requester. The Department's refusal to modify, or
						revoke and reissue a permit under a request is not subject to public notice,
						comment or hearings.
(3) If the
						Department tentatively decides to modify, terminate or revoke and reissue a
						permit, in accordance with the incorporated provisions of
						40 CFR
						270.41,
						270.42(c) or
						270.43, the Department will
						prepare a draft permit under §
												270a.10(c)(7)-(10)
						(relating to general application requirements) incorporating the proposed
						changes. The Department may request in writing additional information from the
						permittee and may require the permittee to submit an updated permit
						application. In the case of revoked and reissued permits, other than under
						40 CFR
						270.41(b)(3), the Department
						requires the submission of a new application. In the case of revoked and
						reissued permits under 40
						CFR 270.41(b)(3), the
						permittee shall comply with the appropriate requirements in Subchapter I
						(relating to procedures for standardized permit). The permittee shall submit
						additional information or an updated or new application under a written request
						by the Department within the time specified by the Department.
(4) In a permit modification under this
						section, only those conditions to be modified are reopened when a new draft
						permit is prepared. Other aspects of the existing permit remain in effect for
						the duration of the permit. When the permit is revoked and reissued, the entire
						permit is reopened just as if the permit expired and is reissued. During a
						revocation and reissuance proceeding, the permittee shall comply with all
						conditions of the existing permit until a new final permit is issued.
(5) If the Department tentatively decides to
						terminate a permit in accordance with the incorporated provisions of
						40 CFR
						270.43, it issues a notice of intent to
						terminate. A notice of intent to terminate is a type of draft permit which
						follows the same procedures as a draft permit prepared under §
						270a.10(c)(7)-(10).
(6) Class 1
						modifications, as listed in the Appendix I to
						40 CFR
						270.42, are not subject to the requirements
						of this section.
The provisions of this §
														270a.41 amended 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).
This section cited in 25 Pa. Code §
														270a.80 (relating to public notice
							 and comment requirements); and 25 Pa. Code §
														270a.203 (relating to switching
							 from an individual RCRA permit to a standardized
							 permit).