In what situations may I require a facility owner or operator to apply for an individual permit?
(a) Cases where you may determine that a facility is not eligible for the standardized permit include, but are not limited to, the following:
(1) The facility does not meet the criteria in § 124.201.
(2) The facility has a demonstrated history of significant non-compliance with regulations or permit conditions.
(3) The facility has a demonstrated history of submitting incomplete or deficient permit application information.
(4) The facility has submitted an incomplete or inadequate materials with the Notice of Intent.
(b) If you determine that a facility is not eligible for the standardized permit, you must inform the facility owner or operator that they must apply for an individual permit.
(c) You may require any facility that has a standardized permit to apply for and obtain an individual RCRA permit. Any interested person may petition you to take action under this paragraph. Cases where you may require an individual RCRA permit include, but are not limited to, the following:
(1) The facility is not in compliance with the terms and conditions of the standardized RCRA permit.
(2) Circumstances have changed since the time the facility owner or operator applied for the standardized permit, so that the facility's hazardous waste management practices are no longer appropriately controlled under the standardized permit.
(d) You may require any facility authorized by a standardized permit to apply for an individual RCRA permit only if you have notified the facility owner or operator in writing that an individual permit application is required. You must include in this notice a brief statement of the reasons for your decision, a statement setting a deadline for the owner or operator to file the application, and a statement that, on the effective date of the individual RCRA permit, the facility's standardized permit automatically terminates. You may grant additional time upon request from the facility owner or operator.
(e) When you issue an individual RCRA permit to an owner or operator otherwise subject to a standardized RCRA permit, the standardized permit for their facility will automatically cease to apply on the effective date of the individual permit.
Title 40 published on 2012-07-01
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