Estimated number of respondents: 62.
    Frequency of response: The frequency of response varies.
    Total estimated burden: EPA estimates the total annual burden to
respondents to be an increase in burden of approximately 2,288 hours
from the currently approved burden. Burden is defined at 5 CFR
1320.3(b).
    Total estimated cost: The total estimated annual cost of this rule
is a cost increase of approximately $136,312. This cost increase is
composed of approximately $135,690 in annualized labor costs and $622
in capital or operation and maintenance costs.
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for the
EPA's regulations in 40 CFR are listed in 40 CFR part 9.
    Submit your comments on the Agency's need for this information, the
accuracy of the provided burden estimates and any suggested methods for
minimizing respondent burden to the EPA using the docket identified at
the beginning of this rule. You may also send your ICR-related comments
to OMB's Office of Information and Regulatory Affairs via email to
<EMAIL_ADDRESS>Attention: Desk Officer for the EPA. Since
OMB is required to make a decision concerning the ICR between 30 and 60
days after receipt, OMB must receive comments no later than March 23,
2020. The EPA will respond to any ICR-related comments in the final
rule.

D. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. The
small entities subject to the requirements of this action are generally
electric utilities and independent power producers who fall within the
NAICS code 221112, and who generate CCR. The Agency has determined that
no small entities are affected at or above one percent of annual
revenues, thus, determining that there is not a significant economic
impact on any small entities. Estimated costs to regulated entities
rely on information in prior Information Collection Requests (ICRs)
prepared for similar permitting programs, including costs to prepare,
submit, and revise initial permit applications, and to prepare, submit,
and revise anticipated major and minor permit modifications. Estimates
of annual revenues are calculated using reported generation figures and
average annual power costs. Details of this analysis are presented in
Unit VI of this preamble and in the Economic Assessment, which is
available in the docket for this action. This action does not change
the existing regulatory requirements associated with the 2015 CCR rule,
which EPA previously determined would not have a SISNOSE.

E. Unfunded Mandates Reform Act (UMRA)

    This action does not contain an unfunded mandate of $100 million or
more as described in UMRA, 2 U.S.C. 1531-1538, and does not
significantly or uniquely affect small governments. This action imposes
no enforceable duty on any state, local or tribal governments or the
private sector. The costs involved in this action are imposed only by
participation in a voluntary federal program. UMRA generally excludes
from the definition of ``federal intergovernmental mandate'' duties
that arise from participation in a voluntary federal program.

F. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government.

G. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    This action has tribal implications because it would impose
requirements on facilities located in Indian country. However, it will
neither impose substantial direct compliance costs on federally
recognized tribal governments, nor preempt tribal law.
    The EPA will engage with tribal officials under the EPA Policy on
Consultation and Coordination with Indian Tribes concurrent with the
public comment process for this regulation to permit them to have
meaningful and timely input into its development.
    For the ``Final Rule: Hazardous and Solid Waste Management System;
Disposal of Coal Combustion Residuals from Electric Utilities''
published April 17, 2015, in the Federal Register at 80 FR 21302 (the
2015 CCR Rule), EPA identified three of the 414 coal-fired electric
utility plants (in operation as of 2012) which are located on tribal
lands. That rulemaking and the CCR rules and proposed rules that
followed all

concluded however, that these facilities are not owned by tribal
governments. The Agency is correcting that analysis today for the
following three facilities: (1) The Navajo Generating Station in
Coconino County, Arizona, which is operated by the Arizona Salt River
Project and owned by the Navajo Nation; (2) the Bonanza Power Plant in
Uintah County, Utah, which is operated by the Deseret Generation and
Transmission Cooperative and owned by the Ute Indian Tribe; and (3) the
Four Corners Power Plant in San Juan County, New Mexico, which is
operated by the Arizona Public Service Company and owned by the Navajo
Nation. The Navajo Generating Station and the Four Corners Power Plant
are on tribal trust lands belonging to the Navajo Nation, while the
Bonanza Power Plant is located on tribal trust lands within the Uintah
and Ouray Reservation of the Ute Indian Tribe. Because CCR units are
land-based units, the fact that these CCR facilities are located on
tribal trust land means that the facility owners within the meaning of
the CCR Rule are the tribal trust beneficial landowner tribes. The
Agency continues to believe that the facility operators will bear all
direct compliance costs associated with the above-mentioned rules and
this proposal. However, to the extent that an operator fails to comply
with a federal CCR requirement, CCR facility owners may also be held
liable.

H. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks

    This action is not subject to Executive Order 13045 because it is
not economically significant as defined in Executive Order 12866, and
because the EPA does not believe the environmental health or safety
risks addressed by this action present a disproportionate risk to
children. This action's health and risk assessments are contained in
the document titled ``Human and Ecological Risk Assessment of Coal
Combustion Residuals'' which is available in the docket for the final
rule as docket item EPA-HQ-RCRA-2009-0640-11993.
    As ordered by E.O. 13045 Section 1-101(a), for the ``Final Rule:
Hazardous and Solid Waste Management System; Disposal of Coal
Combustion Residuals from Electric Utilities'' published April 17, 2015
in the Federal Register at 80 FR 21302, EPA identified and assessed
environmental health risks and safety risks that may disproportionately
affect children in the revised risk assessment. The results of the
screening assessment found that risks fell below the criteria when
wetting and run-on/runoff controls required by the rule are considered.
Under the full probabilistic analysis, composite liners required by the
rule for new waste management units showed the ability to reduce the
90th percentile child cancer and non-cancer risks for the groundwater
to drinking water pathway to well below EPA's criteria. Thus, EPA
believes that this rule will be protective of children's health.

I. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution or Use

    This action is not a ``significant energy action'' because it is
not likely to have a significant adverse effect on the supply,
distribution or use of energy. This rule is not economically
significant and is not expected to have a significant effect on the
production, use or supply of energy commodities. Additionally, it is
narrowly tailored such that no novel legal or policy issues adversely
affecting the supply, distribution or use of energy arising out of
legal mandates, the President's priorities or the principles set forth
in Executive Orders 12866 and 13211 will occur.

J. National Technology Transfer and Advancement Act (NTTAA)

    This rulemaking does not involve technical standards.

K. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

    The EPA believes that this action does not have disproportionately
high and adverse human health or environmental effects on minority
populations, low-income populations and/or indigenous peoples, as
specified in Executive Order 12898 (59 FR 7629, February 16, 1994). The
documentation for this decision is contained in EPA's Regulatory Impact
Analysis (RIA) for the CCR rule which is available in the docket for
the 2015 CCR final rule as docket item EPA-HQ-RCRA-2009-0640-12034.
    EPA's risk assessment did not separately evaluate either minority
or low-income populations. However, this rule creates a permitting
framework that implements the CCR rule, which is risk-reducing with
reductions in risk occurring largely within the surface water catchment
zones around, and groundwater beneath, coal-fired electric utility
plants. Since the CCR rule is risk-reducing and this action does not
add to risks, this action will not result in new disproportionate risks
to minority or low-income populations.
    Additionally, EPA evaluated the demographic characteristics of
communities that may be affected by the CCR rule. In the analysis
contained in the RIA the demographic characteristics of populations
surrounding coal-fired electric utility plants are compared with
broader population data for two geographic areas: (1) One-mile radius
from CCR management units (i.e., landfills and impoundments) likely to
be affected by groundwater releases from both landfills and
impoundments; and (2) watershed catchment areas downstream of surface
impoundments that receive surface water run-off and releases from CCR
impoundments and are at risk of being contaminated from CCR impoundment
discharges (e.g., unintentional overflows, structural failures, and
intentional periodic discharges).
    For the population as a whole 24.8 percent belong to a minority
group and 11.3 percent falls below the Federal Poverty Level. For the
population living within one mile of plants with surface impoundments
16.1 percent belong to a minority group and 13.2 percent live below the
Federal Poverty Level. These minority and low-income populations are
not disproportionately high compared to the general population. The
percentage of minority residents of the entire population living within
the catchment areas downstream of surface impoundments is
disproportionately high relative to the general population, i.e., 28.7
percent, versus 24.8 percent for the national population. Also, the
percentage of the population within the catchment areas of surface
impoundments that is below the Federal Poverty Level is
disproportionately high compared with the general population, i.e.,
18.6 percent versus 11.3 percent nationally.
    Comparing the population percentages of minority and low-income
residents within one mile of landfills to those percentages in the
general population, EPA found that minority and low-income residents
make up a smaller percentage of the populations near landfills than
they do in the general population, i.e., minorities comprised 16.6
percent of the population near landfills versus 24.8 percent nationwide
and low-income residents comprised 8.6 percent of the population near
landfills versus 11.3 percent nationwide. In summary, although
populations within the catchment areas of plants with surface
impoundments appear to have disproportionately high percentages of
minority and low-income residents relative to the nationwide average,
populations surrounding plants with landfills do not. Because landfills
are less likely than impoundments to

experience surface water run-off and releases, catchment areas were not
considered for landfills.

List of Subjects

40 CFR Part 22

    Environmental protection, Administrative practice and procedure,
Air pollution control, Hazardous substances, Hazardous waste,
Penalties, Pesticides and pests, Poison prevention, Water pollution
control.

40 CFR Part 124

    Environmental protection, Administrative practice and procedure,
Air pollution control, Hazardous waste, Indians--lands, Reporting and
recordkeeping requirements, Water pollution control, Water supply.

40 CFR Part 257

    Environmental protection, Beneficial use, Coal combustion products,
Coal combustion residuals, Coal combustion waste, Disposal, Hazardous
waste, Landfill, Surface impoundment.

    Dated: December 19, 2019.
Andrew R. Wheeler,
Administrator.

    For the reasons set out in the preamble, title 40, chapter I, of
the Code of Federal Regulations is proposed to be amended as follows:

PART 22--CONSOLIDATED RULES OF PRACTICE GOVERNING THE
ADMINISTRATIVE ASSESSMENT OF CIVIL PENALTIES AND THE REVOCATION/
TERMINATION OR SUSPENSION OF PERMITS

0
1. The authority citation for part 22 continues to read as follows:

    Authority:  7 U.S.C. 1361; 15 U.S.C. 2615; 33 U.S.C. 1319, 1342,
1361, 1415 and 1418; 42 U.S.C. 300g-3(g), 6912, 6925, 6928, 6991e
and 6992d; 42 U.S.C. 7413(d), 7524(c), 7545(d), 7547, 7601 and
7607(a), 9609, and 11045.

0
2. Amend Sec.  22.44 by revising paragraph (b) introductory text to
read as follows:

Sec.  22.44  Supplemental rules of practice governing the termination
of permits under section 402(a) of the Clean Water Act or under section
3008(a)(3) of the Resource Conservation and Recovery Act.

* * * * *
    (b) In any proceeding to terminate a permit for cause under Sec.
122.64, Sec.  257.153, or Sec.  270.43 of this chapter during the term
of the permit:
* * * * *

PART 124--PROCEDURES FOR DECISIONMAKING

0
3. The authority citation for part 124 continues to read as follows:

    Authority:  Resource Conservation and Recovery Act, 42 U.S.C.
6901 et seq.; Safe Drinking Water Act, 42 U.S.C. 300f et seq.; Clean
Water Act, 33 U.S.C. 1251 et seq.; Clean Air Act, 42 U.S.C. 7401 et
seq.

0
4. Amend Sec.  124.1 by revising paragraphs (a) and (d) to read as
follows:

Sec.  124.1  Purpose and scope.

    (a) This part contains EPA procedures for issuing, modifying,
revoking and reissuing, or terminating all RCRA, UIC, PSD and NPDES
``permits'' (including ``sludge-only'' permits issued pursuant to Sec.
122.1(b)(2) of this chapter). The latter kinds of permits are governed
by part 270. RCRA interim status and UIC authorization by rule are not
``permits'' and are covered by specific provisions in parts 144,
subpart C, and 270. This part also does not apply to permits issued,
modified, revoked and reissued or terminated by the Corps of Engineers.
Those procedures are specified in 33 CFR parts 320-327. The procedures
of this part also apply to denial of a permit for a RCRA CCR unit under
Sec.  257.133 or for the active life of a RCRA hazardous waste
management facility or unit under Sec.  270.29.
* * * * *
    (d) This part is designed to allow permits for a given facility
under two or more of the listed programs to be processed separately or
together at the choice of the Regional Administrator or the
Administrator, in the case of RCRA CCR permits. This allows EPA to
combine the processing of permits only when appropriate, and not
necessarily in all cases. The Regional Administrator may consolidate
permit processing when the permit applications are submitted, when
draft permits are prepared, or when final permit decisions are issued.
This part also allows consolidated permits to be subject to a single
public hearing under Sec.  124.12. Permit applicants may recommend
whether or not their applications should be consolidated in any given
case.
* * * * *
0
5. Amend Sec.  124.2 by:
0
a. Revising paragraph (a) introductory text;
0
b. Adding in alphabetical order the definitions of ``RCRA CCR General
Permit'', ``RCRA CCR Permit'', ``RCRA Permit''; and
0
c. Revising the definitions of ``Director'', ``Facility or activity'',
``Permit'', ``Regional administrator'', and .
    The additions and revisions read as follows:

Sec.  124.2  Definitions.

    (a) In addition to the definitions given in Sec. Sec.  122.2 and
123.2 (NPDES), 501.2 (sludge management), 144.3 and 145.2 (UIC), 233.3
(404), and 257.121, 270.2 and 271.2 (RCRA), the definitions below apply
to this part, except for PSD permits which are governed by the
definitions in Sec.  124.41. Terms not defined in this section have the
meaning given by the appropriate Act.
* * * * *
    Director means the Administrator, Regional Administrator, the State
director or the Tribal director as the context requires, or an
authorized representative. When there is no approved State or Tribal
program, and there is an EPA administered program, Director means the
Regional Administrator, except for RCRA CCR permits where Director
means the Administrator. When there is an approved State or Tribal
program, ``Director'' normally means the State or Tribal director. In
some circumstances, however, EPA retains the authority to take certain
actions even when there is an approved State or Tribal program. (For
example, when EPA has issued an NPDES permit prior to the approval of a
State program, EPA may retain jurisdiction over that permit after
program approval; see Sec.  123.1) In such cases, the term ``Director''
means the Regional Administrator and not the State or Tribal director.
* * * * *
    Facility or activity means any ``HWM facility,'' UIC ``injection
well,'' NPDES ``point source'' or ``treatment works treating domestic
sewage'' or State 404 dredge or fill activity, or any other facility or
activity (including land or appurtenances thereto) that is subject to
regulation under the RCRA, UIC, NPDES, or 404 programs. For RCRA CCR
permits, facility means facility as that term is defined in Sec.
257.53 of this chapter.
* * * * *
    Permit means an authorization, license or equivalent control
document issued by EPA or an ``approved State'' to implement the
requirements of this part and parts 122, 123, 144, 145, 233, 257, 270,
and 271 of this chapter. ``Permit'' includes RCRA ``permit by rule''
(Sec.  270.60), RCRA standardized permit (Sec.  270.67), UIC area
permit (Sec.  144.33), NPDES or 404 ``general permit'' (Sec. Sec.
270.61, 144.34, and 233.38), RCRA CCR general permit (Sec.  257.127),
and RCRA CCR permit by rule (Sec.  257.128). Permit does not include

RCRA interim status (Sec.  270.70), UIC authorization by rule (Sec.
144.21), or any permit which has not yet been the subject of final
agency action, such as a ``draft permit'' or a ``proposed permit.''
* * * * *
    Regional Administrator means the Regional Administrator of the
appropriate Regional Office of the Environmental Protection Agency or
the authorized representative of the Regional Administrator. For RCRA
CCR permits, this term shall mean Administrator if the Administrator
has not issued a delegation of authority to the Regional Administrator.
* * * * *
    RCRA means the Solid Waste Disposal Act as amended by the Resource
Conservation and Recovery Act of 1976 (Pub. L. 94-580, as amended by
Pub. L. 95-609, and Pub. L. 114-322, 42 U.S.C. 6901 et seq).
    RCRA CCR general permit means a RCRA CCR permit containing terms
and conditions to require compliance with requirements of part 257,
subpart D of this chapter applicable to a specified category of CCR
units, which are designated as eligible for coverage under the general
permit. General permits in the CCR program are issued in accordance
with Sec.  257.127 of this chapter.
    RCRA CCR permit means a federal permit issued pursuant section
4005(d) of RCRA, 42 U.S.C. 6945(d).
    RCRA permit means a permit issued pursuant to any section of RCRA,
42 U.S.C. 6901 et seq.
* * * * *
0
6. Amend Sec.  124.3 by revising paragraph (a) to read as follows:

Sec.  124.3  Application for a permit.

    (a) (Applicable to State programs, see Sec. Sec.  123.25 (NPDES),
145.11 (UIC), 233.26 (404), and 271.14 (RCRA)). (1) Any person who
requires a permit under the RCRA, UIC, NPDES, or PSD programs shall
complete, sign, and submit to the Director an application for each
permit required under Sec. Sec.  257.130 or 270.1 (RCRA), 144.1 (UIC),
40 CFR 52.21 (PSD), and 122.1 (NPDES). Applications are not required
for RCRA permits by rule (Sec.  257.128 or Sec.  270.60), RCRA CCR
general permits (Sec.  257.127), underground injections authorized by
rules (Sec. Sec.  144.21 through 144.26), NPDES general permits (Sec.
122.28) and 404 general permits (Sec.  233.37).
    (2) The Director shall not begin the processing of a permit until
the applicant has fully complied with the application requirements for
that permit. See Sec. Sec.  257.130, 257.131, 270.10, 270.13 (RCRA),
144.31 (UIC), 40 CFR 52.21 (PSD), and 122.21 (NPDES).
    (3) Permit applications (except for PSD permits) must comply with
the signature and certification requirements of Sec. Sec.  122.22
(NPDES), 144.32 (UIC), 233.6 (404), 257.130 and 270.11 (RCRA).
* * * * *
0
7. Amend Sec.  124.5 by revising paragraphs (a), (c)(1), (3), (d)(1),
and (3) to read as follows:

Sec.  124.5  Modification, revocation and reissuance, or termination of
permits.

    (a) (Applicable to State programs, see Sec. Sec.  123.25 (NPDES),
145.11 (UIC), 233.26 (404), and 271.14 (RCRA).) Permits (other than PSD
permits) may be modified, revoked and reissued, or terminated either at
the request of any interested person (including the permittee) or upon
the Director's initiative. However, permits may only be modified,
revoked and reissued, or terminated for the reasons specified in Sec.
122.62 or Sec.  122.64 (NPDES), 144.39 or 144.40 (UIC), 233.14 or
233.15 (404), and 257.150, 257.151, 257.153, 270.41 or 270.43 (RCRA).
All requests shall be in writing and shall contain facts or reasons
supporting the request.
* * * * *
    (c) * * * (1) If the Director tentatively decides to modify or
revoke and reissue a permit under 40 CFR 122.62 (NPDES), 144.39 (UIC),
233.14 (404), or 257.150, 257.151, 257.152, 270.41 (other than Sec.
270.41(b)(3)), or Sec.  270.42(c) (RCRA), he or she shall prepare a
draft permit under Sec.  124.6 incorporating the proposed changes. The
Director may request additional information and, in the case of a
modified permit, may require the submission of an updated application.
In the case of revoked and reissued permits, other than under 40 CFR
270.41(b)(3), the Director shall require the submission of a new
application. In the case of revoked and 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.
* * * * *
    (3) ``Minor modifications'' as defined in Sec. Sec.  122.63
(NPDES), 144.41 (UIC), 233.16 (404), 257.151 and ``Classes 1 and 2
modifications'' as defined in Sec.  270.42 (a) and (b) (RCRA) are not
subject to the requirements of this section.
    (d) * * * (1) If the Director tentatively decides to terminate: A
permit under Sec.  144.40 (UIC) of this chapter, a permit under Sec.
122.64(a) (NPDES) of this chapter, a permit under Sec.  257.153 or
270.43 (RCRA) of this chapter (for EPA-issued NPDES permits, only at
the request of the permittee), or a permit under Sec.  122.64(b)
(NPDES) of this chapter where the permittee objects, he or she shall
issue a notice of intent to terminate. A notice of intent to terminate
is a type of draft permit which follows the same procedures as any
draft permit prepared under Sec.  124.6 of this chapter.
* * * * *
    (3) In the case of EPA-issued permits, a notice of intent to
terminate or a complaint shall not be issued if the Regional
Administrator and the permittee agree to termination in the course of
transferring permit responsibility to an approved State under Sec.
123.24(b)(1) (NPDES) of this chapter, 145.25(b)(1) (UIC) of this
chapter, 257.129 or 271.8(b)(6) (RCRA) of this chapter, or 501.14(b)(1)
(sludge) of this chapter. In addition, termination of an NPDES permit
for cause pursuant to Sec.  122.64 of this chapter may be accomplished
by providing written notice to the permittee, unless the permittee
objects.
* * * * *
0
8. Amend Sec.  124.6 by revising paragraphs (c), (d)(1), (2), (3), and
(4)(i) to read as follows:

Sec.  124.6  Draft permits.

* * * * *
    (c) (Applicable to State programs, see Sec. Sec.  123.25 (NPDES)
and 233.26 (404).) If the Director tentatively decides to issue an
NPDES, 404, or RCRA CCR general permit, he or she shall prepare a draft
general permit under paragraph (d) of this section.
    (d) * * *
    (1) All conditions under Sec. Sec.  122.41 and 122.43 (NPDES),
144.51 and 144.42 (UIC), 233.7 and 233.8 (404), 257.140 and 257.141
(RCRA CCR), or 270.30 and 270.32 (RCRA) (except for PSD permits);
    (2) All compliance schedules under Sec. Sec.  122.47 (NPDES),
144.53 (UIC), 233.10 (404), 257.142 or 270.33 (RCRA) (except for PSD
permits);
    (3) All monitoring requirements under Sec. Sec.  122.48 (NPDES),
144.54 (UIC), 233.11 (404), 257.140(k) or 270.31 (RCRA) (except for PSD
permits); and
    (4) * * *
    (i) RCRA permits, standards for treatment, storage, and/or disposal
and other permit conditions under Sec.  257.140 or 270.30;
* * * * *
0
9. Amend Sec.  124.10 by revising paragraphs (c)(1)(i), (2)(i),
(2)(ii), (d)(1)(ii), and (1)(iii) to read as follows:

Sec.  124.10  Public notice of permit actions and public comment
period.

* * * * *
    (c) * * *

    (1) * * *
    (i) The applicant (except for NPDES, 404, and RCRA CCR general
permits when there is no applicant);
* * * * *
    (2) * * *
    (i) For major permits, NPDES and 404 general permits, and permits
that include sewage sludge land application plans under 40 CFR
501.15(a)(2)(ix), publication of a notice in a daily or weekly
newspaper within the area affected by the facility or activity; and for
EPA-issued NPDES and RCRA CCR general permits, in the Federal Register;

    Note: The Director is encouraged to provide as much notice as
possible of the NPDES, Section 404, or RCRA CCR draft general permit
to the facilities or activities to be covered by the general permit.

    (ii) For all RCRA permits, other than RCRA CCR permits, publication
of a notice in a daily or weekly major local newspaper of general
circulation and broadcast over local radio stations. For RCRA CCR
permits, publication of a notice on a publicly accessible internet
website and by any other method the Director determines will
effectively provide timely notice to interested persons.
* * * * *
    (d) * * *
    (1) * * *
    (ii) Name and address of the permittee or permit applicant and, if
different, of the facility or activity regulated by the permit, except
in the case of NPDES, 404, and RCRA CCR draft general permits under
Sec. Sec.  122.28, 233.37, and 257.127;
    (iii) A brief description of the business conducted at the facility
or activity described in the permit application or the draft permit,
for NPDES, 404 or RCRA CCR general permits when there is no
application.
* * * * *
0
10. Amend Sec.  124.12 by revising the introductory text of paragraph
(a)(3) to read as follows:

Sec.  124.12  Public hearings.

    (a) * * *
    (3) For RCRA permits only, other than RCRA CCR permits:
* * * * *
0
11. Amend Sec.  124.15 by revising introductory text paragraph (a) and
paragraph (b) to read as follows:

Sec.  124.15  Issuance and effective date of permit.

    (a) After the close of the public comment period under Sec.  124.10
on a draft permit, the Regional Administrator shall issue a final
permit decision (or a decision to deny a RCRA CCR permit under Sec.
257.133 or a permit for the active life of a RCRA hazardous waste
management facility or unit under Sec.  270.29). The Regional
Administrator shall notify the applicant and each person who has
submitted written comments or requested notice of the final permit
decision. This notice shall include reference to the procedures for
appealing a decision on a RCRA, UIC, PSD, or NPDES permit under Sec.
124.19 of this part. For the purposes of this section, a final permit
decision means a final decision to issue, deny, modify, revoke and
reissue, or terminate a permit.
    (b) A final permit decision (or decision to deny a RCRA CCR permit
under Sec.  257.133 or a permit for the active life of a RCRA hazardous
waste management facility or unit under Sec.  270.29) shall become
effective 30 days after the service of notice of the decision unless:
* * * * *
0
12. Amend Sec.  124.19 by revising paragraphs (a)(1) and (3) to read as
follows:

Sec.  124.19  Appeal of RCRA, UIC, NPDES, and PSD Permits.

    (a) * * * (1) Initiating an appeal. Appeal from a RCRA, UIC, NPDES,
or PSD final permit decision issued under Sec.  124.15 of this part, or
a decision to deny a RCRA CCR permit under Sec.  257.133 or a permit
for the active life of a RCRA hazardous waste management facility or
unit under Sec.  270.29 of this chapter, is commenced by filing a
petition for review with the Clerk of the Environmental Appeals Board
within the time prescribed in paragraph (a)(3) of this section.
* * * * *
    (3) Filing deadline. A petition for review must be filed with the
Clerk of the Environmental Appeals Board within 30 days after the
Regional Administrator serves notice of the issuance of a RCRA, UIC,
NPDES, or PSD final permit decision under Sec.  124.15 or a decision to
deny a RCRA CCR permit under Sec.  257.133 or a permit for the active
life of a RCRA hazardous waste management facility or unit under Sec.
270.29 of this chapter. A petition is filed when it is received by the
Clerk of the Environmental Appeals Board at the address specified for
the appropriate method of delivery as provided in paragraph (i)(2) of
this section.
* * * * *

PART 257--CRITERIA FOR CLASSIFICATION OF SOLID WASTE DISPOSAL
FACILITIES AND PRACTICES

0
13. The authority citation for part 257 continues to read as follows:

    Authority: 42 U.S.C. 6907(a)(3), 6912(a)(1), 6944(a), 6945(d);
33 U.S.C. 1345(d) and (e).
0
14. Part 257 is amended by adding subpart E to read as follows:
Subpart E--Federal Coal Combustion Residuals Permit Program

General Information

Sec
257.120 Program overview.
257.121 Definitions.
257.122 Considerations under Federal law.
257.123 Applicability.
257.124 Deadlines for application submission.
257.125 Effect of a permit.
257.126 Duration of a permit.
257.127 General permits.
257.128 Permit by rule.
257.129 Transfer of permit program administration.

Permit Application

257.130 Permit application requirements.
257.131 Application contents.
257.132 Periodic review of permit applications.
257.133 Permit application denial.

Permit Content

257.140 Standard permit conditions.
257.141 Establishment of permit conditions.
257.142 Schedules of compliance.

Changes to a Permit

257.150 Modification or revocation and reissuance of an individual
permit at EPA's initiative.
257.151 Permit modifications at the request of the permittee.
257.152 Applications to modify an individual permit.
257.153 Termination of an individual CCR permit.

Subpart E--Federal Coal Combustion Residuals Permit Program

General Information

Sec.  257.120  Program overview.

    (a) Coverage. (1) These regulations establish provisions for the
federal coal combustion residuals (CCR) permit program for the disposal
and other solid waste management of CCR pursuant to section 4005(d) of
the Solid Waste Disposal Act, as amended by the Resource Conservation
and Recovery Act of 1976, as amended (RCRA), (Pub. L. 94-580, as
amended by Pub. L. 95-609, Pub. L. 96-482, and Pub. L. 114-322; 42
U.S.C. 6901 et seq.).
    (2) The regulations in this subpart contain federal CCR permit
program requirements, such as applications,

content, modifications, revocation and reissuance, permit termination.
Procedural requirements are found in part 124, subpart A of this
chapter.
    (3) Technical regulations. There are separate regulations in
subpart D of this part that contain technical and substantive
requirements that will be the basis of the permit requirements.
    (b) Scope of the CCR permit requirement. (1) RCRA section 4005(d)
requires the Administrator to implement a permit program to require
each CCR unit, located in a nonparticipating state and in Indian
country, to achieve compliance with the applicable criteria in subpart
D of this part. This subpart applies to owners and operators of any CCR
unit located in a nonparticipating state and in Indian country,
including new and existing landfills and surface impoundments and
lateral expansions of such units, that dispose or otherwise engage in
solid waste management of CCR, regulated under subpart D of this part.
    (2) Owners and operators of CCR units must continue to comply with
all applicable requirements of subpart D of this part until a RCRA CCR
permit is in effect.
    (3) Prior to issuance of a RCRA CCR permit, submittal of a complete
and timely permit application serves as compliance with the requirement
to obtain a permit, until final disposition of the permit application.
A timely permit application includes an individual permit application
submitted in accordance with the requirements in Sec. Sec.  257.124,
257.130, and 257.131, or an application submitted in accordance with
procedures established in a general permit issued in accordance with
Sec. Sec.  257.124 and 257.127, or submittal of a Notice of Intent to
be covered by the Permit by Rule in accordance with Sec. Sec.  257.124
and 257.128.
    (4) Once a permit has been issued, any CCR unit located in a
nonparticipating state or in Indian country must continue to have a
permit during any stage of operation covered by Sec.  257.123(a). Any
such CCR unit without a permit will be considered an ``open dump,'' as
defined in RCRA 4005(d) irrespective of the unit's compliance with the
requirements of subpart D of this part and may no longer receive waste.
    (5) The owner and operator of a CCR unit must satisfy the
requirement to have a RCRA CCR permit through one of three mechanisms:
obtaining coverage under an individual permit, under a general permit
issued in accordance with Sec.  257.127, or under the permit by rule in
accordance with Sec.  257.128.
    (6) EPA may issue or deny a permit for one or more CCR units at a
facility without simultaneously issuing or denying a permit for all the
CCR units at the facility. The status of any CCR unit for which a
permit has not been issued or denied is not affected by the issuance or
denial of a permit to any other CCR unit at the facility.
    (7) CCR permits issued by EPA will not have an expiration date.
Permit terms will remain in effect until modified, or until the permit
is revoked and reissued or terminated.
    (8) A permit may be modified, revoked and reissued, or terminated
for cause as set forth in Sec. Sec.  257.150 through 257.153.

Sec.  257.121  Definitions.

    The following definitions apply to this subpart. Terms not defined
in this section have the meaning defined in part 124 of this chapter,
subparts A and D of this part, or in RCRA.
    Applicable requirement means a requirement of subpart D of this
part to which a permittee is subject based on applicability criteria in
subpart D of this part.
    Completion of all corrective action means that all activities
required by Sec.  257.95(g) through (i), Sec.  257.96, Sec.  257.97,
and Sec.  257.98(a) and (b) have been completed in accordance with the
requirements of Sec. Sec.  257.98(c) through (f).
    General permit means a permit containing terms and conditions to
require compliance with requirements of subpart D of this part
applicable to a specified category of CCR units, which are designated
as eligible for coverage under the general permit. General permits are
issued in accordance with Sec.  257.127.
    Individual permit means a permit containing terms and conditions to
require compliance with requirements of subpart D of this part issued
for one or more specifically identified CCR units owned and operated by
the same entities and located at the same facility.
    Owner and operator means the owner and operator of any CCR unit or
property used for solid waste management of CCR, which is subject to
regulation under RCRA.
    Permit by rule means a provision of these regulations stating that
a facility or activity is deemed to have a RCRA CCR permit if it meets
the requirements of Sec.  257.128.
    Responsible official means one of the following:
    (1) For a corporation: (i) A president, secretary, treasurer, or
vice-president of the corporation in charge of a principal business
function, or any other person who performs similar policy- or decision-
making functions for the corporation; or
    (ii) The manager of one or more manufacturing, production or
operating facilities employing more than 250 persons or having gross
annual sales or expenditures exceeding $25 million (in second-quarter
1980 dollars), if authority to sign documents has been assigned or
delegated to the manager in accordance with corporate procedures.
    (2) For a partnership or sole proprietorship: A general partner or
the proprietor, respectively; or
    (3) For a municipality, State, Federal, or other public agency:
Either a principal executive officer or ranking elected official. For
purposes of this section, a principal executive officer of a Federal
agency includes:
    (i) The chief executive officer of the agency; or
    (ii) A senior executive officer having responsibility for the
overall operations of a principal geographic unit of the agency (e.g.,
Regional Administrators of EPA).

Sec.  257.122  Considerations under Federal law.

    The following is a list of Federal laws that may apply to the
issuance of RCRA CCR permits. When any of these laws is applicable, its
procedures must be followed. When the applicable law requires
consideration or adoption of particular permit conditions or requires
the denial of a permit, those requirements must also be followed.
    (a) The Wild and Scenic Rivers Act. 16 U.S.C. 1273 et seq. Section
7 of the Act prohibits EPA from assisting by license or otherwise the
construction of any water resources project that would have a direct,
adverse effect on the values for which a national wild and scenic river
was established.
    (b) The National Historic Preservation Act of 1966. 54 U.S.C.
300101 et seq. Section 106 of the Act and implementing regulations (36
CFR part 800) require EPA, before issuing a license, to adopt measures
when feasible to mitigate potential adverse effects of the licensed
activity on properties listed or eligible for listing in the National
Register of Historic Places. The Act's requirements are to be
implemented in cooperation with State and Tribal Historic Preservation
Officers and upon notice to, and when appropriate, in consultation with
the Advisory Council on Historic Preservation.
    (c) The Endangered Species Act. 16 U.S.C. 1531 et seq. Section 7 of
the Act and implementing regulations (50 CFR part 402) require EPA to
ensure, in

consultation with the Secretary of the Interior or Commerce, that any
action authorized by EPA is not likely to jeopardize the continued
existence of any endangered or threatened species or adversely affect
its critical habitat.
    (d) The Coastal Zone Management Act. 16 U.S.C. 1451 et seq. Section
307(c) of the Act and implementing regulations (15 CFR part 930)
prohibit EPA from issuing a permit for an activity affecting land or
water use in the coastal zone until the applicant certifies that the
proposed activity complies with the State Coastal Zone Management
Program, and the State or its designated agency concurs with the
certification (or the Secretary of Commerce overrides the State's
nonconcurrence).
    (e) The Fish and Wildlife Coordination Act. 16 U.S.C. 661 et seq.
requires that EPA, before issuing a permit proposing or authorizing the
impoundment (with certain exemptions), diversion, or other control or
modification of any body of water, consult with the appropriate State
agency exercising jurisdiction over wildlife resources to conserve
those resources.

Sec.  257.123  Applicability.

    (a) Requirement to obtain a permit. (1) Owners and operators of a
CCR unit located in a nonparticipating state or in Indian country, and
subject to requirements of subpart D of this part, must obtain and
maintain a RCRA CCR permit under this subpart. An owner and operator
must apply for a RCRA CCR permit for all CCR units and associated solid
waste management operations subject to requirements in subpart D of
this part. The requirement to obtain and maintain a RCRA CCR permit
applies throughout the following stages of operation: Active life of
the CCR unit, the post-closure care period, and until completion of all
corrective action.
    (2) This requirement does not apply to CCR units and associated
solid waste management operations, if any, that are subject to
permitting under a state permit program approved by EPA pursuant to
section 4005(d) of RCRA. In a state with partial approval, the
requirement in Sec.  257.123(a)(1) applies only to those CCR units and
associated solid waste management operations that are subject to
requirements of subpart D of this part for which the state has not been
approved (i.e., is a nonparticipating state).
    (3) The requirements to apply for and obtain a RCRA CCR permit may
initially be satisfied by submitting one of the following:
    (i) A complete and timely permit application in accordance with the
requirements in Sec. Sec.  257.124, 257.130 and 257.131 for an
individual permit,
    (ii) If the CCR unit meets the criteria for a general permit, a
complete and timely application in accordance with Sec.  257.127 and
procedures established in the general permit, or
    (iii) A Notification of Intent of eligibility for coverage under a
permit by rule in accordance with Sec.  257.128.
    (4) Submittal of any of these documents constitutes compliance with
these obligations only until the final administrative disposition of
the permit application.
    (b) Denial of a permit application. The denial of a permit
application to dispose or otherwise manage waste in a CCR unit does not
affect the requirement to obtain a federal CCR permit in paragraph (a)
of this section to conduct other activities under subpart D of this
part (e.g., monitoring, retrofit, closure, post-closure care or
corrective action).
    (c) Exclusions and exemptions. (1) Entities exclusively engaged in
the beneficial use of CCR that meets the requirements detailed in Sec.
257.53 are not required to obtain a RCRA CCR permit for those
activities.
    (2) (i) A permit or permit modification is not required for a
person engaged in CCR disposal or solid waste management to conduct an
immediate response to any of the following situations:
    (A) A sudden release of CCR; or
    (B) An imminent and substantial threat of a release of CCR.
    (ii) Any person who continues or initiates CCR disposal or solid
waste management activities after the immediate response is over is
subject to all applicable requirements of this part for those
activities.

Sec.  257.124  Deadlines for application submission.

    Owners and operators of CCR units located in a nonparticipating
state or in Indian country that meet the applicability requirements to
obtain a RCRA CCR permit under Sec.  257.123(a) must submit a permit
application as described in this section and Sec. Sec.  257.130 and
257.131 to the Administrator by the following deadlines:
    (a) First tier deadline. For a facility with CCR units meeting the
criteria in (1) or (2) where such unit was subject to the requirements
under subpart D of this part prior to [DATE OF PUBLICATION OF FINAL
RULE IN THE FEDERAL REGISTER], the permit application must be submitted
for all CCR units at the facility subject to this subpart no later than
[DATE 18 MONTHS AFTER EFFECTIVE DATE OF THE FINAL RULE].
    (1) Located in Indian country,
    (2) An existing CCR surface impoundment, new CCR surface
impoundment or inactive CCR surface impoundment that is classified as a
high hazard potential unit under the assessment procedures in Sec.
257.73(a)(2) or Sec.  257.74(a)(2).
    (b) Future tier deadlines. For a CCR unit that is not required to
submit a permit application under paragraph (a) of this section, and
where such unit was subject to the requirements under subpart D of this
part prior to [DATE OF PUBLICATION OF FINAL RULE IN THE FEDERAL
REGISTER], the permit application must be submitted for such CCR unit
no later than a date set by the Administrator, whereby such date
provides notice of at least 180 days to the owner and operator.
    (c) Deadlines for newly subject CCR units. For any CCR unit that
becomes subject to the requirements under subpart D of this part on or
after [ DATE OF PUBLICATION OF FINAL RULE IN THE FEDERAL REGISTER], the
permit application must be submitted for such CCR unit in accordance
with the following deadlines:
    (1) For any CCR unit that becomes subject to the requirements under
subpart D of this part on or after [DATE OF PUBLICATION OF FINAL RULE
IN THE FEDERAL REGISTER], but before [DATE 24 MONTHS AFTER EFFECTIVE
DATE OF THE FINAL RULE], the permit application must be submitted for
such CCR unit prior to [DATE 24 MONTHS AFTER EFFECTIVE DATE OF THE
FINAL RULE].
    (2) For any CCR unit that becomes subject to the requirements under
subpart D of this part on or after [DATE 24 MONTHS AFTER EFFECTIVE DATE
OF THE FINAL RULE], the permit application must be submitted for such
CCR unit 180 days prior to placement of waste or other action that
renders the unit subject to requirements of subpart D.
    (d) Deadlines for permit by rule or general permits. For a CCR unit
that would otherwise be subject to an application deadline specified in
paragraphs (a) through (c) of this section, the owner and operator of
the CCR unit are not required to submit a permit application by the
deadlines specified in paragraphs (a) through (c) of this section,
provided the owner and operator submit a Notice of Intent required by
Sec.  257.128(a)(11) or for a general permit issued in accordance with
Sec.  257.127 by such deadline.

Sec.  257.125  Effect of a permit.

    (a) Permit shield. (1) Compliance with a CCR permit constitutes
compliance, for purposes of enforcement, with the requirements of
subpart D of this part.
    (2) A permit may be modified, revoked and reissued, or terminated
during its term for cause as set forth in Sec. Sec.  257.150 and
257.153, or the permit may be modified upon the request of the
permittee as set forth in Sec.  257.151.
    (b) No property rights. The issuance of a CCR permit does not
convey any property rights of any sort, or any exclusive privilege.
    (c) No additional authorization. The issuance of a CCR permit does
not authorize any injury to persons or property or invasion of other
private rights, or any infringement of state or local laws or
regulations, or any infringement of federal laws or regulations not
explicitly considered in this action.

Sec.  257.126  Duration of a permit.

    Any federal CCR permit issued pursuant to this subpart shall be
issued without an expiration date and remain in effect until the permit
is revoked and reissued or terminated.

Sec.  257.127  General permits.

    (a) General permits. The Administrator may issue general permits in
accordance with all of the following:
    (1) A general permit shall be written to cover one or more clearly
identified categories of CCR units or solid waste management practices
that are subject to the same requirements of subpart D of this part.
    (2) Any general permit must clearly identify what types of CCR
units are eligible for coverage under the general permit and clearly
identify the applicable conditions for each category or subcategory of
CCR units or solid waste management practices covered by the permit. A
general permit may contain terms and conditions, such as limiting
operations, which would ensure continued eligibility for coverage under
the general permit, even if those terms and conditions are not
requirements of subpart D of this part.
    (3) The general permit may exclude specified types or categories of
CCR units or solid waste management practices from coverage.
    (b) Administration. (1) Any general permit will be issued,
modified, or revoked in accordance with the requirements and procedures
of this subpart and the following procedures in part 124 of this
chapter: 40 CFR 124.6, 124.7, 124.8, 124.9, 124.10, 124.11, 124.12,
124.13, and 124.14.
    (2) To obtain coverage under a general permit, an owner or operator
of a CCR unit must submit request for coverage under the general permit
to the Administrator. All such requests must include all information
necessary to demonstrate qualification for coverage under the general
permit and must be certified as required in Sec.  257.130(e).
    (3) If the Administrator makes no objection within 45 days of
receiving a request for coverage under a general permit, the owner and
operator shall be covered by the general permit, provided the unit
remains eligible for coverage. Such an authorization will not be
considered a final permit action for purposes of judicial review.
    (4) The Administrator may, in a general permit, provide further
procedures by which an owner and operator of a CCR unit may obtain
coverage by the general permit, as well as requirements for information
that must be included in a request for such coverage. These procedures
may deviate from the requirements of Sec. Sec.  257.130 and 257.131.
    (5) Requiring an individual permit.
    (i) EPA may require any owner or operator covered under a general
permit to apply for and obtain an individual CCR permit. Any interested
person may petition the Administrator to take action under this
paragraph. Cases where an individual CCR permit may be required include
the following:
    (A) The owner and operator are not in compliance with the
conditions of the general permit;
    (B) Circumstances have changed since the time of the request for
coverage so that the CCR unit is no longer appropriately controlled
under the general permit; or
    (C) Revised standards for the solid waste management of CCR have
been promulgated for the solid waste management or practice covered by
the general permit;
    (D) The Administrator has received information after the general
permit has been issued. The Administrator may require an application
for an individual permit on this basis if:
    (1) The information was not available to EPA at the time of the
request for coverage and would have justified requiring an individual
permit to ensure compliance with subpart D of this part, or
    (2) The information otherwise shows that requiring an individual
permit is necessary to ensure there is no reasonable probability of
adverse effects on health or the environment from permitted operations:
    (ii) EPA may require any permittee(s) to apply for an individual
permit by providing a written notification that a permit application is
required. This notice shall include a brief statement of the reasons
for this decision, a deadline for the owner and operator to submit the
application, and a statement that on the effective date of the
individual CCR permit any coverage under the general permit for which
the permittee has been eligible shall automatically terminate.
    (iii) Such an action will not be considered a final permit action
for purposes of judicial review.

Sec.  257.128  Permit by rule.

    (a) Requirements. Notwithstanding any other provision of this part
or of part 124, subpart A of this chapter, a new CCR landfill or
lateral expansion of a CCR landfill shall be deemed to have a CCR
permit if the following criteria are met:
    (1) The owner and operator of the new CCR landfill or lateral
expansion of a CCR landfill maintain compliance with the following
provisions:
    (i) Section 257.60, Placement above the uppermost aquifer
    (ii) Section 257.61, Wetlands
    (iii) Section 257.62, Fault areas
    (iv) Section 257.63, Seismic impact zones
    (v) Section 257.64, Unstable areas
    (vi) Section 257.70(a), (b), and (d) through (g), Design criteria
for new CCR landfills and any lateral expansion of a CCR landfill
    (vii) Section 257.80, Air criteria
    (viii) Section 257.81, Run-on and run-off controls for CCR
landfills
    (ix) Section 257.84, Inspection requirements for CCR landfills
    (x) Section 257.90, Applicability
    (xi) Section 257.91, Groundwater monitoring systems
    (xii) Section 257.93, Groundwater sampling and analysis
requirements
    (xiii) Section 257.94, Detection monitoring program
    (xiv) Section 257.95(a), (b), and (d) through (h), Assessment
monitoring program
    (xv) Section 257.105, Recordkeeping requirements
    (xvi) Section 257.106, Notification requirements
    (xvii) Section 257.107, Publicly accessible internet site
requirements
    (2) The owner and operator have not detected a statistically
significant increase above a groundwater protection standard for any
constituent in appendix IV to this part.
    (3) The owner and operator have not detected a release from the new
CCR landfill or lateral expansion of a CCR landfill.
    (4) The owner had operator have not commenced closure of the new
CCR

landfill or lateral expansion of a CCR landfill.
    (5) The new CCR landfill or lateral expansion of a CCR landfill
does not have a direct, adverse effect on the values for which a
national wild and scenic river was established.
    (6) The new CCR landfill or lateral expansion of a CCR landfill
does not have potential adverse effects on properties listed or
eligible for listing in the National Register of Historic Places.
    (7) The new CCR landfill or lateral expansion of a CCR landfill is
not likely to jeopardize the continued existence of any endangered or
threatened species or adversely affect its critical habitat.
    (8) The new CCR landfill or lateral expansion of a CCR landfill
does not affect land or water use in the coastal zone. The owner and
operator must certify that the new CCR landfill or lateral expansion of
a CCR landfill complies with the State Coastal Zone Management program
and that the State or its designated agency concurs with the
certification (or the Secretary of Commerce overrides the State's
nonconcurrence). The certification must be included in the Notice of
Intent submitted in accordance with paragraph (a)(11) of this section.
    (9) If located in a floodplain, the new CCR landfill or lateral
expansion of a CCR landfill does not restrict the flow of the base
flood, reduce the temporary water storage capacity of the floodplain,
or result in washout of CCR, so as to pose a hazard to human health,
wildlife, or land or water resources.
    (10) The new CCR landfill or lateral expansion of a CCR landfill
has not:
    (i) Caused a discharge of pollutants into waters of the United
States in violation of the requirements of the National Pollutant
Discharge Elimination System under section 402 of the Clean Water Act,
as amended;
    (ii) Caused a discharge of dredged material or fill materials to
waters of the United States in violation of the requirements of the
requirements under section 404 of the Clean Water Act, as amended; or
    (iii) Cause non-point source pollution of waters of the United
States in violation of applicable legal requirements implementing an
areawide or Statewide water quality management plan that has been
approved by the Administrator under section 208 of the Clean Water Act,
as amended;
    (11) The owner and operator of the new CCR landfill, or lateral
expansion of a CCR landfill, submit a timely and complete Notice of
Intent to the Administrator in accordance with Sec. Sec.  257.124 and
257.130 and posts the Notice of Intent to the facility's publicly
accessible CCR website.
    (b) Transition to another permit approach. If a CCR unit operating
under this permit by rule becomes ineligible for its coverage, or the
owner and operator wish to obtain a general or individual federal CCR
permit, an application must be submitted in accordance with Sec. Sec.
257.130 and 257.131 or established in the general permit. The owner and
operator will remain in compliance with the requirement to have a
federal CCR permit if a complete application is submitted to the
Administrator no later than 60 days after failing to meet one of the
conditions listed in paragraphs (a)(1) through (a)(11) of this section,
and no later than 180 days prior to initiating closure.

Sec.  257.129  Transfer of permit program administration.

    (a) Transfer from EPA to a state. If a state CCR Permit Program is
approved to operate in lieu of the federal CCR program, in part or in
whole, after any compliance deadline in Sec.  257.124, EPA will
describe provisions for the prompt transfer to the state of pending
permit applications and any other relevant information not already in
the possession of the State Director (e.g., applications, supporting
documentation for issued permits, etc.) in the notice of program
approval. Where permits have been issued by EPA, the program approval
should contain procedures for transferring the administration of these
permits to the state, or for terminating the federal permits once
equivalent state permits are issued.
    (b) Transfer from a state to EPA. If a state CCR permit program has
operated in lieu of the federal CCR program after the compliance
deadlines in Sec.  257.124, and approval of that state program is
withdrawn, in whole or in part, or if the state relinquishes its
program approval, EPA will issue a notice regarding transfer of permit
program administration from the state to EPA. The notice will contain
deadlines for units located in the state to comply with the federal CCR
permitting requirements. The notice will also describe procedures for
the state to transfer to EPA permit applications and any other
information relevant to permit program administration not already in
the possession of EPA (e.g., pending applications, supporting
documentation for issued permits, etc.). Where CCR permits have been
issued by the state, the notice of program withdrawal should contain
procedures for transferring the administration of these permits to EPA,
or for terminating them once RCRA CCR permits are issued.

Permit Application

Sec.  257.130  Permit application requirements.

    (a) Duty to apply. The owner and operator meeting the applicability
criteria in Sec.  257.123(a) must submit to the Administrator a
complete application for a CCR permit as described in this section and
Sec.  257.131, in accordance with the applicable deadlines in Sec.
257.124. When a facility or activity is owned by one person but is
operated by another person, the owner may comply with this requirement
through one of the following approaches:
    (1) A single application may be submitted, but both entities must
certify the permit application as specified in subsection (e) (e.g.,
the operator may compile and submit the permit application, which the
owner must also sign).
    (2) In an application submitted by both entities, the owner may
provide the following statement:

    Through this submitted application and the signature on this
application, I acknowledge that [name of company/corporation/owner]
is the owner of the facility/units that will be included in the
permit this application seeks and is responsible for compliance with
the permit requirements, including the requirement to obtain and
maintain a permit for this facility/unit(s). I hereby authorize the
facility/unit operator, [enter name of facility operator here], to
submit compliance or any other required reports and future permit
applications for this facility, including applications for future
permit modifications, on my behalf, without my signature. I
understand that I am jointly and severally liable for any
noncompliance with the terms of any permit issued in response to
this application or as modified in the future, and any submitted
documents required by the permit and I accept responsibility for any
enforcement action resulting from the actions of the operator in
submitting compliance or any other required reports or permit
applications on my behalf in relation to this facility/unit.

Once an owner submits this statement in a permit application, all
future permit applications, including modification applications, will
not require signature by the owner and may be signed by the operator(s)
of the unit(s) and operations to be included in the permit. This does
not change the requirement in Sec.  257.123(a) for both the owner and
operator to obtain a permit. All RCRA CCR permits will designate both
owners and operators as permittees, even where the owner does not sign
the application in accordance with this paragraph.

    (b) Completeness. An application for a permit is complete when the
Administrator receives an application form containing the information
required by this section and Sec.  257.131, about all CCR units and
related solid waste management operations at the facility, which is
completed to his or her satisfaction. The Administrator may deny a
permit for disposal in a CCR unit without receiving a complete
application for a permit. A complete permit application does not
require the following information:
    (1) Information about a CCR unit eligible for the permit by rule in
Sec.  257.128, for which a Notice of Intent has been submitted to EPA
and posted on its publicly accessible CCR website in accordance with
Sec.  257.107.
    (2) Information about a CCR unit eligible for a general permit
issued in accordance with Sec.  257.127, for which the owner and
operator have complied with the procedures for obtaining coverage
contained in the general permit. If EPA subsequently determines
coverage under the general permit is not appropriate, the owner and
operator must submit a CCR permit application for that CCR unit or must
amend an existing CCR permit application to include that CCR unit, no
later than 60 days after EPA makes this determination.
    (3) Information about a CCR unit that is regulated in accordance
with a state CCR permit program which has been submitted to the
Administrator for partial approval to operate in lieu of the
requirements of subpart D of this part. If the Administrator
subsequently denies partial approval of the program, or the state
withdraws its program, the owner and operator must submit a CCR permit
application for that CCR unit or amend an existing permit application
to include that CCR unit no later than 60 days after the denial or
withdrawal becomes effective.
    (c) Duty to supplement or correct application. Any owner or
operator who fails to submit any relevant facts or who has submitted
incorrect information in a permit application must, upon becoming aware
of such failure or incorrect submittal, submit to the Administrator
such supplementary facts or corrected information along with any
necessary updated certification.
    (d) Confidential business information. In accordance with 40 CFR
part 2, subpart B of this chapter, any information submitted to EPA
pursuant to this subpart that is not required to be made publicly
available under part 257 may be claimed as confidential by the
applicant. Any such claim must be asserted at the time of submittal. If
no claim is made at the time of submission, EPA may make the
information available to the public without further notice. If a claim
is asserted, the information will be treated in accordance with the
procedures in 40 CFR part 2, subpart B. Claims of confidentiality for
the name and address of any permit applicant or permittee will be
denied.
    (e) Certification of application. Applications for CCR permits,
including applications for modifications to CCR permits, must contain
the following certification by a responsible official:

    I certify under penalty of law that I have personally examined
and am familiar with the information submitted in this application
and all attached documents, and that, based on my inquiry of the
person or persons directly responsible for gathering the
information, I believe the submitted information is true, accurate,
and complete. I am aware that there are significant penalties for
submitting false information, including the possibility of fine and
imprisonment.

    (1) Where the owner and operator are different entities, a
responsible official from each entity must provide this certification,
and the certification must include the following statement: ``I
understand that I am jointly and severally liable for the accuracy and
completeness of all information provided in this application.''
    (2) This certification must also be provided where a permittee
submits a statement that no changes to a CCR permit application are
required after a periodic application review is conducted in accordance
with Sec.  257.132.
    (f) Application recordkeeping. The applicant must keep records of
all data used to support the permit application and any supplemental
information submitted to the Administrator during the application
review and permit issuance process for the life of the permit. This
information shall be available at the request of the Administrator.

Sec.  257.131  Application contents.

    The owner and operator must provide in the application all of the
information necessary for the Administrator to determine the
applicability of the technical criteria in subpart D of this part to
each CCR unit at the facility, to establish the permit conditions
necessary to achieve compliance with these technical criteria, and to
ensure there is no reasonable probability of adverse effects on health
or the environment from the solid waste management of CCR at such
facility. Such information includes, at a minimum:
    (a) Information about the facility. The owner and operator must
provide sufficient information about the facility for the Administrator
to establish permit conditions to ensure compliance with, including to
assess the applicability of, applicable provisions in subpart D of this
part. Such information includes but is not limited to physical
location; description; operations; operating history; products; an
indication of whether the application is requesting an initial,
revised, or modified permit; and publicly accessible CCR website
address.
    (b) Information about the applicant. The owner and operator must
provide sufficient information in the application for the Administrator
to identify, contact, and communicate with them. Such information
includes, but is not limited to contact information, other
environmental permits held for the facility, and ownership status
(e.g., private, governmental) of each CCR unit and related solid waste
management operations at the facility.
    (c) Information about the CCR unit(s). The owner and operator must
provide sufficient technical information about each CCR unit in the
application necessary for the Administrator to establish permit
conditions to require compliance with, including to assess the
applicability of, applicable provisions in subpart D of this part. Such
information includes, but is not limited to the location, design,
construction, operation, maintenance, closure and retrofit of each CCR
unit, as well as liners, controls, monitoring approaches, the
groundwater monitoring system, corrective action or remedial measures,
and other practices to comply with subpart D of this part and to
prevent or clean up releases from the CCR unit.
    (d) Technical information about subsurface and surrounding
features. (1) The owner and operator must provide technical and other
information about the geologic and hydrogeologic characteristics and
features of the area surrounding the CCR unit, including subsurface
characteristics. The owner and operator must provide this information
sufficiently to support decisions by the Administrator to establish
permit conditions to require compliance with, including to assess the
applicability of, applicable provisions in subpart D of this part, and
to evaluate the compliance approaches proposed in the permit
application. The owner and operator must provide, at a minimum,
information about the following in proximity to the CCR unit(s):
Floodplains and wetlands, fault lines or unstable areas, groundwater
and surface water, soil and subsoil characteristics,

groundwater well locations and uses, adjacent land uses, and other
similar information. The owner and operator must provide this
information for past, present, and planned CCR units, and must provide
all information in a manner that can be clearly understood, with
appropriate labels.
    (e) Technical information gathered that characterizes conditions
surrounding each CCR unit. The owner and operator must provide
sufficient technical and other information about conditions at the CCR
unit for the Administrator to establish permit conditions to require
compliance with, including to assess the applicability of, applicable
provisions in subpart D of this part. This includes but is not limited
to groundwater, aquifers, soil, or other sampling data; date and
procedures used to characterize background concentrations; well
construction diagrams and drill logs; hydrogeologic cross-sections;
information about the activities that yielded the sampling data,
including quality assurance data; delineation of contaminant plumes;
and other relevant information required to make technical assessments
to characterize the presence or absence of leakage or releases from the
CCR unit.
    (f) Plans, maps, drawings, diagrams and other documents. The
technical information submitted in the CCR permit application must
include plans, maps, drawings, diagrams, and other visual information,
in addition to narrative information. The applicant must provide the
following materials, at a minimum:
    (1) A site map, depicting the location of the CCR unit(s) and
surrounding features representing site conditions, monitoring wells,
and other pertinent information.
    (2) A topographic map, depicting each CCR unit, surrounding
geologic and hydrogeologic features, surface water features, access and
haul roads, and other pertinent information. Information in these maps
must be provided to allow the permit writer to understand site
conditions and evaluate compliance strategies proposed by the owner and
operator, to draft terms and conditions that will achieve compliance
with the requirements of subpart D of this part.
    (3) Potentiometric maps depicting groundwater flow direction, all
CCR units at the facility, any delineated plumes of contamination from
releases from CCR units, all groundwater monitoring wells or other
monitoring points where water level data were gathered, potable wells
on the facility property or nearby property, and other pertinent
information. A sufficient number and quality of maps are required to
represent seasonal or temporal changes in groundwater flow direction.
    (4) Other documents, including: Hydrogeologic cross-sections
depicting subsurface conditions, drill logs, CCR unit construction
diagram(s), and groundwater monitoring well construction diagrams.
    (5) All site-specific compliance plans and assessments required by
subpart D of this part (e.g., fugitive emissions control plan required
by Sec.  257.80, emergency action plan required by Sec.  257.73, run-on
and run-off control system plan required by Sec.  257.81(c), inflow
design flood control system plan required by Sec.  257.82(c),
assessment of corrective measures required by Sec.  257.96, closure
plan or retrofit plan required by Sec.  257.102, and post-closure care
plan required by Sec.  257.104).

Sec.  257.132  Periodic review of permit applications.

    (a) Requirement for periodic review. Once a RCRA CCR permit is
issued, the permittee must conduct periodic reviews to determine
whether the permit application remains accurate and continues to meet
the requirements under Sec.  257.131. The timeframes for conducting
periodic permit application reviews are provided in paragraph (d) of
this section.
    (b) Procedures if no changes are needed. If the permittee
determines that the permit application remains accurate and meets the
requirements under Sec.  257.131, the permittee must submit a certified
statement that the application continues to be complete and accurate.
The certified statement must be completed by a responsible official in
accordance with Sec.  257.130(e).
    (c) Procedures if changes are needed. If the permittee determines
that the permit application is no longer accurate or no longer meets
the requirements under Sec.  257.131, the permittee must:
    (1) Prepare a revised permit application in accordance with the
requirements of Sec. Sec.  257.130 and 257.131, which accurately
reflects current operations and any changes since the previous
application was submitted;
    (2) Determine whether the permit must be modified based on any
changes to the permit application, and, if so, apply for a permit
modification according to the procedures under Sec.  257.152.
    (d) Review frequency. (1) The permittee must complete the initial
permit application review required by paragraphs (a) through (c) of
this section no later than ten years after the date of initial permit
issuance or after any reissuance or modification of such permit,
whichever date is later.
    (2) The permittee must complete periodic permit application reviews
required by paragraphs (a) through (c) of this section no later than
ten years after the date of completing the previous permit application
review or after any reissuance or modification of the permit, whichever
date is later.

Sec.  257.133  Permit application denial.

    (a) Denial for Cause. The Administrator may, pursuant to the
procedures in part 124 of this chapter, deny an individual CCR permit
application in its entirety, or in part (e.g., for a specific activity
or for an individual CCR unit), upon a determination that any of the
following causes exist:
    (1) Any permittee has failed or refuses to correct deficiencies in
the application identified in a notice of deficiency issued in
accordance with Sec.  124.3(c);
    (2) Failure by any permittee in the application or during the
permit issuance process to disclose fully all relevant facts;
    (3) Misrepresentation by any permittee of any relevant facts at any
time;
    (4) A determination by the Administrator that the risks arising
from disposal or other solid waste management of CCR can only be
regulated to acceptable levels by permit denial.
    (5) The Administrator has received notification under Sec.  124.3
of this chapter of an applicant's intent to be covered by a general
permit issued in accordance with Sec.  257.127 or the permit by rule in
Sec.  257.128.
    (6) EPA has transferred administration of the permit program to a
state in accordance with Sec.  257.129, and the state permit is in
effect for each CCR unit at the facility.
    (b) Denial process. The Administrator may deny a permit in
accordance with paragraphs (a)(2) through (6) of this section even in
the absence of a complete application.

Permit Content

Sec.  257.140  Standard permit conditions.

    The following conditions shall be incorporated into all CCR permits
either expressly or by reference. If incorporated by reference, a
specific citation to these regulations must be provided in the permit.
    (a) Duty to comply. The permittee must comply with all conditions
of this CCR permit, except to the extent and for the duration any
noncompliance is authorized by the Administrator. Any unauthorized
permit noncompliance

constitutes a violation of RCRA and is subject to enforcement action,
permit termination, revocation and reissuance, or denial of a permit
application.
    (b) Duty to submit periodic review certification. The permittee
must review the application materials submitted for this permit no less
frequently than every ten years after the issuance date of this permit.
    (1) Any information in the original application that is no longer
accurate at the time of review, as well as any recent or new
information not include in the original application, must be submitted
in a revised application in accordance with Sec. Sec.  257.130 and
257.131. If the changes reflected in the revised application meet the
criteria for a permit modification in Sec. Sec.  257.150 through
257.151, the revised application must specify the type of modification
requested and include information required for a modification in
accordance with Sec.  257.152.
    (2) If all information in the original application is still
accurate at the time of review and there is no new or additional
information relevant to the application, the permittee shall submit a
statement that no information in the application has changed, certified
in accordance with the requirements in Sec.  257.130(e).
    (c) Need to halt or reduce activity not a defense. It shall not be
a defense for a permittee in an enforcement action that it would have
been necessary to halt or reduce the permitted activity in order to
maintain compliance with the conditions of this permit.
    (d) Requirement to mitigate impacts of noncompliance. In the event
of noncompliance with this permit, the permittee must take all
reasonable steps to minimize releases to the environment and must carry
out such measures as necessary to reduce reasonable probability of
adverse impacts on health and the environment.
    (e) New statutory requirements or regulations. If the standards or
regulations on which this permit is based change through changes to
statute, promulgation of new or amended regulations, or by judicial
decision, and this results in failure of the permit terms and
conditions to ensure compliance with the revised standard or
regulation, the permittee must apply for a permit modification. The
permittee shall submit an application to modify this permit to include
the revised requirements within 180 days after the change becomes
effective.
    (f) Proper operation and maintenance. The permittee shall ensure
the proper operation and maintenance of all units, ancillary equipment
and systems of treatment and control, which are installed or used to
achieve compliance with the conditions of this permit. Failure to
properly operate and maintain such equipment does not excuse failure to
comply with requirements in this permit. The term ``Proper operation
and maintenance'' includes effective performance, adequate funding,
adequate staffing and training, and adequate laboratory and process
controls, including appropriate quality assurance procedures. Operation
of back-up or auxiliary equipment or similar systems is required only
when necessary to achieve compliance with the conditions of this
permit.
    (g) Permit actions. This permit may be modified, revoked and
reissued, or terminated for cause. The application by the permittee for
a permit modification, or termination, or anticipated noncompliance,
does not stay any permit condition.
    (h) Property rights. The permit does not convey any property rights
of any sort, nor any exclusive privilege.
    (i) Duty to provide information. The permittee must furnish to the
Administrator, within a reasonable time, any relevant information which
the Administrator may request to determine whether cause exists for
modifying, revoking and reissuing, or terminating this permit, or to
determine compliance with this permit. The permittee must also furnish
to the Administrator, upon request, copies of records required to be
kept by this permit.
    (j) Inspection and entry. The permittee shall allow the
Administrator or an authorized representative, upon the presentation of
credentials and other documents as may be required by law, to:
    (1) Enter at reasonable times upon the permitted premises where a
regulated unit or activity is located or conducted, or where records
that must be kept under the conditions of this permit are located;
    (2) Have access to and copy, at reasonable times, any records that
must be kept under the conditions of this permit;
    (3) Inspect at reasonable times any units, equipment (including
monitoring and control equipment), practices, or operations regulated
or required under this permit; and
    (4) Sample or monitor at reasonable times, for the purposes of
assuring permit compliance or as otherwise authorized by RCRA, any
substances or parameters at any location.
    (k) Monitoring and records. (1) Samples and measurements taken for
the purpose of monitoring must be representative of the monitored
activity.
    (2) The permittee must retain records of all monitoring
information, including all calibration, maintenance, and quality
assurance records; all original monitoring data; copies of all reports
and certifications required by this permit; and records of all data for
a period of at least ten years from the date of the sample,
measurement, report, certification, or application. This period may be
extended by request of the Administrator at any time. The permittee
must maintain records and data used to support a permit application for
the lifetime of the permit. The permittee shall maintain records of all
groundwater monitoring, including records of groundwater well
construction and groundwater elevation measurements, throughout the
active life of the unit, the post-closure care period and until
completion of all corrective action.
    (l) Signatory requirements. All applications, reports, or
information required to be submitted to the Administrator by this
permit must be signed and certified by the owner and operator of a CCR
unit in accordance with the procedures of Sec.  257.130(e).
    (m) Reporting requirements. (1) Anticipated noncompliance. The
permittee shall provide written or electronic notice to the
Administrator as soon as possible, but no later than 60 days in advance
of any planned changes in the permitted facility or activity which may
result in noncompliance with permit requirements.
    (2) The permittee shall report by phone or electronically any
noncompliance or release which has a reasonable probability of adverse
effects on health or the environment as soon as possible, and no later
than 24 hours after the time the permittee first becomes aware of the
circumstances. The notification shall include the following:
    (i) Information concerning release of any CCR that may endanger
public drinking water supplies.
    (ii) Any information about a release of CCR that could have a
reasonable probability of adverse effects on health or the environment
outside the facility.
    (iii) The description of the release and its cause shall include:
    (A) Name, business address, business email address, and business
telephone number of the owner and operator;
    (B) Name, address, email address, and telephone number of the
facility;
    (C) Date, time, and type of release;
    (D) Name and quantity of material(s) involved;
    (E) The extent of injuries, if any;

    (F) An assessment of actual or potential hazards to the environment
and human health outside the facility, where applicable;
    (G) Estimated quantity and disposition of recovered material that
resulted from the release; and
    (H) Action taken to mitigate the risk, including any preparation in
advance of a severe weather event
    (iv) A narrative shall also be posted on the public CCR website no
later than five days after the time the permittee becomes aware of the
circumstances. The narrative shall contain a description of the
noncompliance and its cause; the period of noncompliance including
exact dates and times, and if the noncompliance has not been corrected,
the anticipated time it is expected to continue; and steps taken or
planned to reduce, eliminate, and prevent reoccurrence of the
noncompliance. The Administrator may waive the five-day notice
requirement in favor of posting a written report within fifteen days.
    (3) Where the permittee becomes aware that they failed to submit
any relevant facts in a permit application or submitted incorrect
information in a permit application or in any report to the
Administrator, the permittee must promptly submit such facts or
corrected information to the Administrator.
    (n) Severability. Invalidation of a portion of this permit does not
necessarily render the whole permit invalid. EPA's intent is that this
permit is to remain in effect to the extent possible. In the event that
any part of this permit is invalidated, the Administrator will advise
the permittee as to the effect of such invalidation.

Sec.  257.141  Establishment of permit conditions.

    (a) Case-by-case. In addition to the standard conditions in Sec.
257.140, the Administrator shall establish permit terms and conditions
in a CCR permit, on a case-by-case basis, in accordance with the
requirements and procedures of this subpart. At a minimum, each CCR
permit must include all permit terms and conditions necessary to ensure
compliance with subpart D of this part.
    (b) Incorporation by reference. Each CCR permit must incorporate,
either expressly or by reference, all requirements of subpart D of this
part that are applicable to the permitted CCR units and associated
solid waste management activities. In satisfying this provision, the
Administrator may incorporate applicable requirements of subpart D of
this part directly into terms and conditions in the permit or
incorporate them by reference. If incorporated by reference, a specific
citation to the applicable regulations or requirements shall be
provided in the permit.
    (c) Protectiveness. Each CCR permit shall contain such terms and
conditions as the Administrator determines are necessary to ensure
there is no reasonable probability of adverse effects on health or the
environment from the solid waste management of CCR at such facility.

Sec.  257.142  Schedules of compliance.

    When an applicant will not be in compliance with one or more
applicable requirement in subpart D of this part at the time of permit
issuance, the Administrator may include in the CCR permit a schedule of
compliance. The schedule of compliance shall include an enforceable
sequence of actions leading to compliance with subpart D of this part.
This compliance schedule shall resemble and be at least as stringent as
that contained in any judicial consent decree or administrative order
to which the permittee is subject. Any such schedule of compliance
shall be supplemental to, and shall not sanction noncompliance with,
the requirements in subpart D of this part on which it is based.
    (a) Time for compliance. Any schedule of compliance established in
a CCR permit must require compliance as soon as feasible.
    (b) Interim dates. If a permit establishes a schedule of compliance
which exceeds one year from the date of permit issuance, the schedule
shall set forth interim requirements and the dates for their
achievement.
    (1) The time between interim dates shall not exceed one year.
    (2) The permit must require posting on the public CCR website of
reports of progress toward completion of the interim requirements and
indicate a projected completion date. The time between progress reports
shall not exceed six months.
    (c) Reporting. The permit must require that, no later than 30 days
following each interim milestone deadline and the final deadline of the
compliance schedule, the permittee must post a notification on the
facility's publicly accessible CCR website of its compliance or
noncompliance with the interim or final requirements.

Changes to a Permit

Sec.  257.150  Modification or revocation and reissuance of an
individual permit at EPA's initiative.

    When the Administrator receives any information (e.g., inspects the
facility, receives information submitted or posted by the permittee,
receives a request under Sec.  124.5 of this chapter, or conducts a
review of the permit file) and determines one or more causes listed in
paragraph (a) of this section exist, the Administrator may modify or
may revoke and reissue the permit accordingly, subject to the
limitations of paragraph (b) of this section, and may request an
updated application, if necessary. When a permit is modified, only the
conditions subject to modification are reopened. If a permit is revoked
and reissued, the entire permit is reopened and subject to revision.
Revocation and reissuance are generally appropriate when the changes
are too extensive to be addressed through a permit modification.
    (a) Causes for modification or revocation and reissuance. The
following are causes for modification or for revocation and reissuance
of a permit by the Administrator:
    (1) There are material and substantial alterations, additions, or
changes in operation of the permitted facility which occurred after
permit issuance and require permit conditions that are different or
absent from those in the existing permit or if the permit application
becomes inaccurate for the CCR unit and/or associated operations.
    (2) The Administrator has received information after the permit has
been issued. The Administrator may modify or revoke RCRA CCR permits on
this basis if:
    (i) The information was not available to EPA at the time of permit
issuance (other than revised regulations, guidance, or test methods)
and would have justified the inclusion of different permit conditions
at the time of issuance to ensure compliance with subpart D of this
part, or
    (ii) the information otherwise shows that modification is necessary
to ensure there is no reasonable probability of adverse effects on
health or the environment from permitted operations.
    (3) Cause exists for termination under Sec.  257.153, but the
Administrator determines that modification or revocation and reissuance
is appropriate.
    (4) The Administrator has received notification (as required, see
Sec.  257.151(a)(3)) of a transfer of ownership or control of the CCR
unit or facility to a new owner or operator.
    (5) An error or omission is discovered, regardless of whether it
was susceptible to correction prior to the permit's issuance, and the
Administrator determines modification is appropriate to conform a
permit's requirements to the applicable regulatory or statutory
requirements.

    (b) Facility siting. Suitability of the existing facility location
will not be considered at the time of permit modification or revocation
and reissuance unless new information, standards, or regulations
indicate that a there is a reasonable probability of adverse effects to
health or the environment exists which was unknown to the Administrator
at the time of permit issuance.
    (c) Permitting action list. The Administrator will post all
permitting actions, including: Draft and final permits, modifications,
revocations, terminations, and reissued permits, on a publicly
available website.

Sec.  257.151  Permit modifications at the request of the permittee.

    This section lays out the procedures for a permittee to request a
modification to an individual CCR permit. A permittee must apply for a
modification to a permit at any time during the life of the permit when
there is a change to either a CCR unit or related solid waste
management operations, or to subpart D of this part, which would impact
either the procedures used to comply with the permit conditions, or the
applicability of requirements of subpart D of this part. There are two
types of such modifications: minor and major. Minor modifications
require prior notification to EPA but do not require public comment.
Major modifications require prior EPA approval and an opportunity for
public participation. When a permit is modified, only the conditions
subject to modification are reopened.
    (a) Minor modifications. Minor modifications are those that involve
only minor or administrative changes that keep the permit current with
respect to common changes to the facility or its operations. Minor
modifications are changes that do not substantially alter the permit
conditions or reduce the capacity of the facility to protect human
health or the environment. These include changes necessary to comply
with new regulations, where these changes can be implemented without
substantially changing design specifications or management practices in
the permit or where the revised regulation does not require the
application of significant technical judgement or discretion. The
following are examples of minor modifications:
    (1) Administrative and informational changes, including changes to
the name or contact information of permittees or other persons or
agencies identified as points of contact in the permit or compliance
plans.
    (2) Correction of typographical errors.
    (3) Transfer of ownership or operational control of a facility. The
new owner and operator must submit a revised permit application 30 days
prior to the transfer of ownership or operational control or as soon as
practicable. If prior notice is impracticable, the revised permit
application must be submitted no later than 30 days after the transfer
of ownership or operational control.
    (4) Changes to a permit condition to incorporate a change to a
maximum contaminant level (MCL) under Sec. Sec.  141.62 and 141.66,
which serve as the underlying basis for the permit condition.
    (5) Changes that increase the frequency, duration, or stringency of
the requirements or procedures for inspection, monitoring,
recordkeeping, reporting, web posting, sampling, analytical methods, or
maintenance activities by the permittee.
    (7) Changes to monitoring, sampling or analysis methods or
procedures to conform with EPA guidance or regulations.
    (8) Replacement of an existing groundwater monitoring well that has
been damaged or rendered inoperable, as close as possible to the
original location, and of similar design and depth.
    (9) In the closure plan, increases to estimates of the maximum
extent of operations or the maximum inventory of waste.
    (b) Procedures applicable to minor modifications. (1) Except as
provided in Sec.  257.151(a)(3), the permittee must submit an
application for a minor modification in accordance with Sec.  257.152
no later than 45 days before making the proposed change, unless
otherwise specified. If multiple modifications are requested, only
those that meet the definition of a minor modification are eligible to
use these procedures.
    (2) When revisions to subpart D of this part are promulgated that
change requirements applicable to a permitted CCR unit to become less
stringent than the existing permit conditions, the owner and operator
may either continue to operate in accordance with the permit or may
apply for a permit modification in accordance with Sec.  257.152.
    (3) The permittee may apply for either a major modification or a
minor modification to the Administrator. Any application for a minor
modification must provide the necessary information to support the
requested classification for each modification requested in the
application.
    (4) In determining the appropriate modification type, the
Administrator shall consider the criteria in paragraph (a) of this
section and in Sec.  257.151(c) and the similarity of the modification
to examples of modifications listed in those paragraphs.
    (5) The Administrator may take the following actions in response to
an application for a minor modification to a CCR permit:
    (i) Determine that a proposed minor modification is a major
modification that must follow the procedures for approval in Sec.
257.151(d);
    (ii) Deny for cause the proposed minor modification;
    (iii) Determine that additional information is needed to evaluate
the modification; or
    (iv) Approve the minor modification.
    (6) The Administrator will inform the permittee of any of these
determinations and provide the reasons for the decision. If a minor
modification has been denied, the permittee must comply with the
original permit conditions.
    (7) If the Administrator has not notified the permittee within the
45-day period of any of the determinations listed in paragraph (5) of
this section, the permittee may proceed with the minor modification in
accordance with the application.
    (c) Major modifications. Major modifications are all changes to a
permit that are not considered a minor modification listed at Sec.
257.151(a). These include changes that materially alter the CCR unit or
its operations, changes that impact the applicability of subpart D
requirements, changes that could impact the protection of human health
and the environment, and changes necessary to comply with new
regulations, where these changes can only be implemented by
substantially changing design, operational requirements, or compliance
approaches in the permit, or where the revised regulation requires the
application of significant technical judgement or discretion. The
following are examples of major modifications:
    (1) Changes that reduce the frequency or stringency of requirements
for inspection, groundwater monitoring, sampling, analysis,
recordkeeping, reporting, web posting, or maintenance activities by the
permittee.
    (2) Changes to remove or relax a permit condition that is based on
an underlying requirement that is no longer applicable, but where this
change in applicability is not due to a regulatory change that was
subject to public notice and a public comment period, a statutory
change, or an order from a court.
    (3) Reduction in the number, or substantial changes in location,
depth,

or design of groundwater monitoring wells required by the permit.
    (4) Addition of a new CCR unit including a new landfill unit, a
lateral expansion, or a new surface impoundment unit not already
authorized by a RCRA CCR permit and not covered by a permit by rule in
accordance with Sec.  257.128.
    (5) Modification of a CCR unit, including physical changes or
changes in management practices which are not minor modifications under
Sec.  257.151(a).
    (6) Addition of a corrective action program or changes to the
corrective action requirements in the permit.
    (7) Changes to a plan approved in a permit, including reduction in
the post-closure care period for any reason. This does not include
administrative changes, a change that is a direct incorporation of a
change to subpart D, or changes to a closure plan specified in Sec.
257.151(a)(9),
    (8) Extension of the final compliance date in a schedule of
compliance established in accordance with Sec.  257.142.
    (9) A change to a permit condition that is based on a change in an
underlying regulatory or statutory requirement, which requires
substantial changes to the design, operation, or compliance strategies
established in the permit or which requires the application of
significant technical judgement or discretion.
    (d) Procedures applicable to major modifications. (1) The permittee
must submit a revised permit application for a major modification in
accordance with Sec.  257.152. In addition to the information required
by Sec.  257.152, the application must include the applicable
information required by Sec. Sec.  257.130 and 257.131.
    (2) When revisions to subpart D of this part are promulgated and
requirements applicable to a permitted CCR unit become more stringent
than the permit conditions, the owner and operator must apply for a
permit modification to incorporate the new requirements, in accordance
with Sec. Sec.  257.151 and 257.152 and no later than 180 days after
the effective date of the revisions to subpart D of this part.
    (3) The permittee must place a copy of the permit modification
application and supporting documents on the permitted facility's
publicly available CCR website or other publicly available electronic
document storage medium.
    (4) The Administrator may take the following actions in response to
an application for a major modification to a CCR permit:
    (i) Determine that additional information is needed to evaluate the
application;
    (ii) Approve the proposed modification(s); or
    (iii) Partially approve or deny the requested modification for any
of the following reasons:
    (A) The modification application is incomplete;
    (B) The requested modification would result in a permit that would
not require compliance with the requirements of subpart D of this part
or other applicable requirements; or
    (C) The requested modification would result in a permit that would
fail to ensure there will be no reasonable probability of adverse
effects on health or the environment.
    (5) The Administrator shall grant or deny the major modification
request according to the permit modification procedures of Sec.  124.5
of this chapter.

Sec.  257.152  Application to modify an individual permit

    (a) Application requirements for all modifications. The permittee
must provide all information and supporting documents necessary for the
Administrator to evaluate the proposed modification(s) to the permit.
Any application for a modification to a CCR permit must include the
following:
    (1) A description of the exact modification(s) requested to the
facility or operations and/or supporting documents referenced by the
permit application;
    (2) A description of the exact modification(s) requested to the
permit conditions;
    (3) Identification of the requested modification(s) as minor, in
accordance with Sec.  257.151(a), or major, in accordance with Sec.
257.151(c), along with a justification for the classification; and
    (4) An explanation of why the modification is necessary to ensure
that the permit accurately reflects facility conditions or operations.
    (5) A statement that the facility continues to comply with the
currently applicable requirements in subpart D of this part.
    (6) Corrections or updates to any information in the application
that has changed since the most recent submittal of the application.
    (b) Application for a minor modification. (1) If multiple
modifications are requested, only those that meet the definition of a
minor modification are eligible to use these procedures. Along with the
application, the permittee must provide the applicable information
required by Sec. Sec.  257.130, 257.131 and 257.151, as well as any
corrections or updates to any information that has changed since the
most recent submittal of the application.
    (2) The permittee must submit an application for a minor
modification to the Administrator no later than 45 calendar days before
the permittee wishes to implement the requested change(s). For transfer
of ownership or operation, the permittee must submit an application for
a minor modification as soon as practicable and no later than 30 days
after the transfer occurs.
    (3) For a minor permit modification, the permittee may instead
elect to follow the procedures in paragraph (c) of this section for
major modifications.
    (c) Application for a major modification. The permittee must submit
an application for a major modification to the Administrator no later
than 180 calendar days before the permittee wishes to implement the
requested modification(s). Along with the notice, the permittee must
provide the applicable information required by Sec. Sec.  257.130,
257.131 and 257.151.

Sec.  257.153  Termination of an individual CCR permit.

    (a) Causes. The Administrator may terminate an individual CCR
permit for any of the following causes:
    (1) Significant noncompliance by any permittee with the permit;
    (2) Failure by any permittee in the application or during the
permit issuance process to fully disclose all relevant facts,
    (3) Misrepresentation by any permittee of any relevant facts at any
time;
    (4) A determination by the Administrator that the permit fails to
ensure there is no reasonable probability of adverse effects to health
or the environment and the permitted activity can only be regulated to
acceptable levels by permit termination.
    (5) The Administrator has received notification of a permittee's
intent to be covered by a general permit issued in accordance with
Sec.  257.127 or the permit by rule in Sec.  257.128.
    (6) The Administrator has determined that all permitted activities
have ceased and the permittee has completed closure, the required post-
closure care and any required corrective action.
    (b) Procedure. The procedures for RCRA CCR permit termination in
Sec.  124.5 of this chapter and Sec.  22.44(b) of this chapter will be
followed when terminating an individual CCR permit.

[FR Doc. 2019-28440 Filed 2-19-20; 8:45 am]
 BILLING CODE 6560-50-P