EPA RCRA Hazardous Waste Management 270.42: § 270.42 Permit modification at the request of the permittee

Modifications are classed in Appendix I to 270.42. Class 1 (minor changes): the permittee may implement and then notify the Director by certified mail or other proof of delivery within 7 calendar days, notifying the facility mailing list and state and local government within 90 calendar days; starred items need prior written approval; anyone may ask the Director to review, and the Director may reject. Class 2: the permittee submits a request describing the change, its class, the reason and supporting documents; notifies the mailing list and publishes a newspaper notice announcing a 60-day comment period, a public meeting (held no earlier than 15 days after the notice and no later than 15 days before the comment period closes), contacts and where documents can be seen; places the request in a publicly accessible location near the facility; the Director must decide within 90 days (approve, deny, reclassify as Class 3, grant a temporary authorization of up to 180 days, or extend by 30 days), and failing a decision by day 120 the permittee is automatically authorised for up to 180 days and, absent action, for the life of the permit, conducting the activities in compliance with Part 265; construction may begin 60 days after submission unless the Director sets a later date. Class 3 (substantial alterations): the same notice, meeting and 60-day comment steps, then a decision under Part 124 procedures with a response to comments. Unlisted modifications may be submitted as Class 3 or classified by the Director. Temporary authorizations of up to 180 days may be granted without prior notice for qualifying Class 2 or 3 activities, reissued once for up to 180 days.