RCRA REVISION CHECKLIST 210

Standardized Permit for RCRA Hazardous Waste Management Facilities
70 FR 53420-53478
	September 8, 2005
	(RCRA Cluster XVI, Non-HSWA)

Note:  The provisions in new Part 267 are not broken down beyond the sections.

Name of State:  

State Statutory Authority: 

Title of Regulations:  							Effective Date:   

Date Checklist Completed:  

	
FEDERAL REQUIREMENTS	
FEDERAL RCRA CITATION	
ANALOGOUS STATE CITATION	
STATE ANALOG IS:	
				
EQUIV-ALENT	
LESS
STRIN-
GENT	
MORE STRIN-GENT	
BROADER IN SCOPE	
	PART 124 PROCEDURES FOR DECISIONMAKING	
	SUBPART A GENERAL PROGRAM REQUIREMENTS	
†	PURPOSE AND SCOPE	
	replace “four” with “five” in the first sentence; add “and Subpart G” after “Subparts B through D” in the third sentence; replace the sixth sentence with the following: “Subpart B contains public participation requirements applicable to all RCRA hazardous waste management facilities.”  Add “Subpart G contains specific procedural requirements for RCRA standardized permits, which, in some instances, change how the General Program Requirements of subpart A apply in the context of the RCRA standardized permit.” to the end of the paragraph	124.1(b)						
†	DEFINITIONS	
	insert “of this chapter” at the end of the first sentence; in the second sentence insert “RCRA standardized permit (§ 270.67),” after “(§ 270.60),”	124.2(a) “Permit”						
	add “Standardized permit”	124.2(a) “Standardized permit”						
†	MODIFICATION, REVOCATION AND REISSUANCE OR TERMINATION OF PERMITS	
	at the end of the sentence, move the closing parenthesis inside the period	124.5(c) introductory paragraph						
	add “(other than § 270.41(b)(3))” after “270.41” in the first sentence; add “other than under 40 CFR 270.41(b)(3)” after “reissued permits,” in the third sentence;  add “In the case of revoked or reissued permits under 40 CFR 270.41(b)(3), the Director and the permittee shall comply with the appropriate requirements in 40 CFR part 124, subpart G for RCRA standardized permits.” to the end of the subparagraph	124.5(c)(1)						
	SUBPART B SPECIFIC PROCEDURES APPLICABLE TO RCRA PERMITS	
†	PRE-APPLICATION PUBLIC MEETING AND NOTICE	
	insert after fourth sentence:
“The requirements of this section shall also apply to hazardous waste management facilities for which facility owners or operators are seeking coverage under a RCRA standardized permit (see 40 part 270, subpart J), including renewal of a standardized permit for such units, where the renewal is proposing a significant change in facility operations, as defined at § 124.211(c).”	124.31(a)						
	insert “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),” after “part B RCRA permit application for a facility,”.	124.31(b)						
	add “, or with the written Notice of Intent to be covered by a RCRA standardized permit (see 40 CFR part 270, subpart J).” to the end of the paragraph	124.31(c)						
†	PUBLIC NOTICE REQUIREMENTS AT THE APPLICATION STAGE	
	insert after third sentence:
“The requirements of this section do not apply to hazardous waste units for which facility owners or operators are seeking coverage under a RCRA standardized permit (see 40 CFR part 270, subpart J).”	124.32(a)						
†	SUBPART G PROCEDURES FOR RCRA STANDARDIZED PERMIT	
	GENERAL INFORMATION ABOUT STANDARDIZED PERMITS	
	What is a RCRA standardized permit?	124.200						
	Who is eligible for a standardized permit?	124.201						
	APPLYING FOR A STANDARDIZED PERMIT	
	How do I as a facility owner or operator apply for a standardized permit?	124.202						
	How may I switch from my individual RCRA permit to a standardized permit?	124.203						
	ISSUING A STANDARDIZED PERMIT	
	What must I do as the Director of the regulatory agency to prepare a draft standardized permit?	124.204						
	What must I do as the Director of the regulatory agency to prepare a final standardized permit?	124.205						
	In what situations may I require a facility owner or operator to apply for an individual permit?	124.206						
	OPPORTUNITIES FOR PUBLIC INVOLVEMENT IN THE STANDARDIZED PERMIT PROCESS	
	What are the requirements for public notices?	124.207						
	What are the opportunities for public comments and hearings on draft permit decisions?	124.208						
	What are the requirements for responding to comments?	124.209						
	May I, as an interested party in the permit process, appeal a final standardized permit?	124.210						
	MAINTAINING A STANDARDIZED PERMIT	
	What types of changes may I make to my standardized permit?	124.211						
	What procedures must I follow to make routine changes?	124.212						
	What procedures must I follow to make routine changes with prior approval?	124.213						
	What procedures must I follow to make significant changes?	124.214						
	PART 260 HAZARDOUS WASTE MANAGEMENT SYSTEM:  GENERAL	
	SUBPART B DEFINITIONS	
	DEFINITIONS	
†	in the definition of “Facility”, revise subparagraph (2) by inserting “or 267.101” after “under 40 CFR 264.101”	260.10 “Facility”						
†	REFERENCES	
	insert “270.310(d)(3)” at the end of the subparagraph	260.11(c)(1)						
	insert “267.190(a)” between “265.1081” and “268.32.”	260.11(c)(3)(xxvii)						
	insert “267.202(b)” at the end of the subparagraph	260.11(d)(1)						
	PART 261 IDENTIFICATION AND LISTING OF HAZARDOUS WASTE	
	SUBPART A GENERAL	
	RESIDUES OF HAZARDOUS WASTE IN EMPTY CONTAINERS	
†	replace “or part” with “267,” between “265,” and “268,”	261.7(a)(1)						
†	PART 267 STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE FACILITIES OPERATING UNDER A STANDARDIZED PERMIT	
	SUBPART A GENERAL 	
	What are the purpose, scope and applicability if this part?	267.1						
	What is the relationship to interim status standards?	267.2						
	How does this part affect an imminent hazard action?	267.3						
	SUBPART B GENERAL FACILITY STANDARDS	
	Does this subpart apply to me?	267.10						
	What must I do to comply with this subpart?	267.11						
	How do I obtain an identification number?	267.12						
	What are my waste analysis requirements?	267.13						
	What are my security requirements?	267.14						
	What are my general inspection requirements?	267.15						
	What training must my employees have? 	267.16						
	What are the requirements for managing ignitable, reactive, or incompatible wastes?	267.17						
	What are the standards for selecting the location of my facility?	267.18						
	SUBPART C PREPAREDNESS AND PREVENTION	
	Does this subpart apply to me?	267.30						
	What are the general design and operation standards?	267.31						
	What equipment am I required to have?	267.32						
	What are the testing and maintenance requirements for the equipment?	267.33						
	When must personnel have access to communication equipment or an alarm system?	267.34						
	How do I ensure access for personnel and equipment during emergencies?	267.35						
	What arrangements must I make with local authorities for emergencies?	267.36						
	SUBPART D CONTINGENCY PLAN AND EMERGENCY PROCEDURES	
	Does this subpart apply to me?	267.50						
	What is the purpose of the contingency plan and how do I use it?	267.51						
	What must be in the contingency plan?	267.52						
	Who must have copies of the contingency plan?	267.53						
	When must I amend the contingency plan?	267.54						
	What is the role of the emergency coordinator?	267.55						
	What are the required emergency procedures for the emergency coordinator?	267.56						
	What must the emergency coordinator do after an emergency?	267.57						
	What notification and recordkeeping must I do after an emergency?	267.58						
	SUBPART E MANIFEST SYSTEM, RECORDKEEPING, REPORTING, AND NOTIFYING	
	Does this subpart apply to me?	267.70						
	Use of the manifest system.	267.71						
	Manifest discrepancies.	267.72						
	What information must I keep?	267.73						
	Who sees the records?	267.74						
	What reports must I prepare and to whom do I send them?	267.75						
	What notifications must I make?	267.76						
	SUBPART F RELEASES FROM SOLID WASTE MANAGEMENT UNITS	
	Who must comply with this section?	267.90						
	[Reserved]	267.91—267.100						
	What must I do to address corrective action for solid waste management units?	267.101						
	SUBPART G CLOSURE	
	Does this subpart apply to me?	267.110						
	What general standards must I meet when I stop operating the unit?	267.111						
	What procedures must I follow?	267.112						
	Will the public have the opportunity to comment on the plan?	267.113						
	[Reserved]	267.114						
	After I stop operating, how long until I must close?	267.115						
	What must I do with contaminated equipment, structure, and soils?	267.116						
	How do I certify closure?	267.117						
	SUBPART H FINANCIAL REQUIREMENTS	
	Who must comply with this subpart, and briefly, what do they have to do?	267.140						
	Definitions of terms as used in this subpart.	267.141						
	Cost estimate for closure.	267.142						
	Financial assurance for closure.	267.143						
	[Reserved]	267.144—267.146						
	Liability requirements.	267.147						
	Incapacity of owners or operators, guarantors, or financial institutions.	267.148						
	[Reserved]	267.149						
	State assumption of liability.	267.150	Non-delegable					
	Wording of the instruments.	267.151						
	SUBPART I USE AND MANAGEMENT OF CONTAINERS	
	Does this subpart apply to me?	267.170						
	What standards apply to the containers?	267.171						
	What are the inspection requirements?	267.172						
	What standards apply to the container storage areas?	267.173						
	What special requirements must I meet for ignitable or reactive waste?	267.174						
	What special requirements must I meet for incompatible wastes?	267.175						
	What must I do when I want to stop using the containers?	267.176						
	What air emission standards apply?	267.177						
	SUBPART J TANK SYSTEMS	
	Does this subpart apply to me?	267.190						
	What are the required design and construction standards for new tank systems or components?	267.191						
	What handling and inspection procedures must I follow during installation of new tank systems?	267.192						
	What testing must I do?	267.193						
	What installation requirements must I follow?	267.194						
	What are the secondary containment requirements?	267.195						
	What are the required devices for secondary containment and what are their design, operating and installation requirements?	267.196						
	What are the requirements for ancillary equipment?	267.197						
	What are the general operating requirements for my tank systems?	267.198						
	What inspection requirements must I meet?	267.199						
	What must I do in case of a leak or a spill?	267.200						
	What must I do when I stop operating the tank system?	267.201						
	What special requirements must I meet for ignitable or reactive wastes?	267.202						
	What special requirements must I meet for incompatible wastes?	267.203						
	What air emission standards apply?	267.204						
	SUBPARTS K THROUGH CC [RESERVED]	
	SUBPART DD CONTAINMENT BUILDINGS	
	Does this subpart apply to me?	267.1100						
	What design and operating standards must my containment building meet?	267.1101						
	What other requirements must I meet to prevent releases?	267.1102						
	What additional design and operating standards apply if liquids will be in my containment building?	267.1103						
	How may I obtain a waiver from secondary containment requirements?	267.1104						
	What do I do if my containment building contains areas both with and without secondary containment?	267.1105						
	What do I do if I detect a release?	267.1106						
	Can a containment building itself be considered secondary containment? 	267.1107						
	What must I do when I stop operating the containment building?	267.1108						
	PART 270  EPA ADMINISTERED PERMIT PROGRAMS; THE HAZARDOUS WASTE PERMIT PROGRAM	
	SUBPART A GENERAL INFORMATION 	
	PURPOSE AND SCOPE OF THESE REGULATIONS	
†	add “Treatment, storage, and disposal facilities (TSDs) that are otherwise subject to permitting under RCRA and that meet the criteria in paragraph (b)(1), or paragraph (b)(2) of this section, may be eligible for a standardized permit under subpart J of this part.” after the second sentence	270.1(b) introductory paragraph						
	add new subparagraph (b)(1):  Facility generates hazardous waste and then non-thermally treats or stores hazardous waste on-site	270.1(b)(1)						
	add new subparagraph (b)(2):  Facility receives hazardous waste generated off-site by a generator under the same ownership as the receiving facility	270.1(b)(2)						
†	DEFINITIONS	
	insert “and standardized permit (subpart J of this part)” after “(§ 270.61)” in the second sentence.	270.2 “Permit”						
	add “Standardized permit”	270.2 “Standardized Permit”						
	SUBPART B PERMIT APPLICATION	
†	GENERAL APPLICATION REQUIREMENTS	
	completely revise and subdivide existing paragraph (a) into an introductory paragraph followed by subparagraphs (a)(1 – (a)(5): Applying for a permit.	270.10(a) introductory paragraph						
	RCRA permits by rule	270.10(a)(1)						
	Interim status	270.10(a)(2)						
	Required to have a permit—submit an application	270.10(a)(3)						
	Emergency permits	270.10(a)(4)						
	Research, development, and demonstration permits	270.10(a)(5)						
	Add new subparagraph (a)(6): Standardized permits	270.10(a)(6)						
	Revise existing paragraph (h) by subdividing it into an introductory paragraph and subparagraph (h)(1): Reapplying for a permit	270.10(h) introductory paragraph						
	Submit a new application at least 180 days before the expiration date of the effective permit, unless the Director allows a later date; or	270.10(h)(1)						
	add new subparagraph (h)(2): 
If you intend to be covered by a standardized permit; submit a notice of intent at least 180 days before effective permit’s expiration date; Director may not allow application or notice of intent submittal later than the effective permit’s expiration date	270.10(h)(2)						
	SUBPART D CHANGES TO PERMITS	
†	TRANSFER OF PERMITS	
	insert “or as a routine change with prior approval under 40 CFR 124.213” after “§ 270.42” in the first sentence.	270.40(b)						
†	MODIFICATION OR REVOCATION AND REISSUANCE OF PERMITS	
	insert “, or § 270.320 and 40 CFR part 124, subpart G” after “§ 270.42” in the next to last sentence.	270.41 introductory paragraph						
	add a new subparagraph (b)(3):
“The Director has received notification under 40 CFR 124.202(b) of a facility owner or operator’s intent to be covered by a standardized permit.” 	270.41(b)(3)						
	SUBPART E EXPIRATION AND CONTINUATION OF PERMITS	
†	CONTINUATION OF EXPIRING PERMITS	
	add a new paragraph (e):  Standardized permits; conditions continue until effective date of new permit if all of the following apply:	270.51(e)(1)						
	EPA is permit-issuing authority, 	270.51(e)(1)(i)						
	submit a timely complete notice of intent, 	270.51(e)(1)(ii)						
	and Director does not issue permit until previous permit expires	270.51(e)(1)(iii)						
	notification by Director of ineligibility for standardized permit	270.51(e)(2)						
	SUBPART F SPECIAL FORMS OF PERMITS	
†	RCRA STANDARDIZED PERMITS FOR STORAGE AND TREATMENT UNITS	
	RCRA standardized permits for storage treatment units; 	270.67 introductory paragraph						
	Generate and non-thermally treat or store on-site,	270.67(a)						
	Receive hazardous waste generated off-site by a generator under he same ownership of receiving facility	270.67(b)						
†	SUBPART J RCRA STANDARDIZED PERMITS FOR STORAGE AND TREATMENT UNITS	
	GENERAL INFORMATION ABOUT STANDARDIZED PERMITS	
	What is a RCRA standardized permit?	270.250						
	Who is eligible for a standardized permit?	270.255						
	What requirements of Part 270 apply to a standardized permit?	270.260						
	APPLYING FOR A STANDARDIZED PERMIT	
	How do I apply for a standardized permit?	270.270						
	What information must I submit to the permitting agency to support my standardized permit application?	270.275						
	What are the certification requirements?	270.280						
	INFORMATION THAT MUST BE KEPT AT YOUR FACILITY	
	What general types of information must I keep at my facility?	270.290						
	What container information must I keep at my facility?	270.300						
	What tank information must I keep at my facility?	270.305						
	What equipment information must I keep at my facility?	270.310						
	What air emissions control information must I keep at my facility?	270.315						
	MODIFYING A STANDARDIZED PERMIT	
	How do I modify my RCRA standardized permit?	270.320						

† Optional Provisions