Current through Register Vol. 54, No.43, October 26, 2024
Section 270a.206 - Requirement to apply for an individual permit40 CFR 124.206 (relating to in what situations may I require a facility owner or operator to apply for an individual permit?) is not incorporated by reference.
(1) The Department may determine that a facility is not eligible for the standardized permit based on the following: (i) The facility does not meet the criteria in 40 CFR 124.201 (relating to who is eligible for a standardized permit?).(ii) The facility has a demonstrated history of significant noncompliance with regulations or permit conditions.(iii) The facility has a demonstrated history of submitting incomplete or deficient permit application information.(iv) The facility has submitted incomplete or inadequate materials with the Notice of Intent.(2) If the Department determines that a facility is not eligible for the standardized permit, the Department will inform the facility owner or operator that it shall apply for an individual permit.(3) The Department may require a facility that has a standardized permit to apply for and obtain an individual permit. An interested person may petition the Department to take action under this paragraph. Cases when the Department may require an individual permit include the following:(i) The facility is not in compliance with the terms and conditions of the standardized permit.(ii) Circumstances have changed since the time the facility owner or operator applied for the standardized permit, so that the facility's hazardous waste management practices are no longer appropriately controlled under the standardized permit.(4) If the Department requires a facility authorized by a standardized permit to apply for an individual permit, the Department will notify the facility owner or operator in writing that an individual permit application is required. The Department will include in this notice a brief statement of the reasons for the decision, a statement setting a deadline for the owner or operator to file the application, and a statement that, on the effective date of the individual permit, the facility's standardized permit automatically terminates. The Department may grant additional time to file an application for an individual permit upon request from the facility owner or operator.(5) When the Department issues an individual permit to an owner or operator otherwise subject to a standardized permit, the standardized permit for the facility will automatically cease to apply on the effective date of the individual permit.