C.F.R. » Title 40 » CHAPTER I—ENVIRONMENTAL PROTECTION AGENCY › SUBCHAPTER I—SOLID WASTES › PART 270—EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM › Subpart C—Permit Conditions

40 C.F.R. § 270.32

Establishing permit conditions

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(a) In addition to conditions required in all permits (§ 270.30), the Director shall establish conditions, as required on a case-by-case basis, in permits under §§ 270.50 (duration of permits), 270.33(a) (schedules of compliance), 270.31 (monitoring), and for EPA issued permits only, 270.33(b) (alternate schedules of compliance) and 270.3 (considerations under Federal law).

(b)(1) Each RCRA permit shall include permit conditions necessary to achieve compliance with the Act and regulations, including each of the applicable requirements specified in parts 264 and 266 through 268 of this chapter. In satisfying this provision, the Administrator may incorporate applicable requirements of parts 264 and 266 through 268 of this chapter directly into the permit or establish other permit conditions that are based on these parts.

(2) Each permit issued under section 3005 of this act shall contain terms and conditions as the Administrator or State Director determines necessary to protect human health and the environment.

(3) If, as the result of an assessment(s) or other information, the Administrator or Director determines that conditions are necessary in addition to those required under 40 CFR parts 63, subpart EEE, 264 or 266 to ensure protection of human health and the environment, he shall include those terms and conditions in a RCRA permit for a hazardous waste combustion unit.

(c) For a State issued permit, an applicable requirement is a State statutory or regulatory requirement which takes effect prior to final administrative disposition of a permit. For a permit issued by EPA, an applicable requirement is a statutory or regulatory requirement (including any interim final regulation) which takes effect prior to the issuance of the permit. Section 124.14 (reopening of comment period) provides a means for reopening EPA permit proceedings at the discretion of the Director where new requirements become effective during the permitting process and are of sufficient magnitude to make additional proceedings desirable. For State and EPA administered programs, an applicable requirement is also any requirement which takes effect prior to the modification or revocation and reissuance of a permit, to the extent allowed in § 270.41.

(d) New or reissued permits, and to the extent allowed under § 270.41, modified or revoked and reissued permits, shall incorporate each of the applicable requirements referenced in this section and in 40 CFR 270.31.

(e) Incorporation. All permit conditions shall be incorporated either expressly or by reference. If incorporated by reference, a specific citation to the applicable regulations or requirements must be given in the permit.

[48 FR 14228, Apr. 1, 1983, as amended at 50 FR 28752, July 15, 1985; 51 FR 40653, Nov. 7, 1986; 65 FR 30913, May 15, 2000; 70 FR 59577, Oct. 12, 2005]
Notes of Decisions
Cited in 8 cases (2 in the last 5 years), 1991–2022 · leading case: Cement Kiln Recycling Coalition v. Environmental Protection Agency
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Cement Kiln Recycling Coalition v. Environmental Protection Agency (2007) cadc · cites it 2× “The petitioner appears to level the same objection against 40 C.F.R. § 270.32 (b)(3), the companion regulation that articulates the standard for deciding whether a permitting authority must add conditions before approving a permit for a facility that has undergone an SSRA.”
Board of Natural Resources v. Walker County (1991) gactapp · cites it 5× “(2) The ALJ erred in his October 26, 1989, order when he granted EPD a favorable summary determination with respect to 23 issues because in each instance the ALJ incorrectly construed the provisions of 40 CFR § 270.32 (b) (2). As to each of these issues the county submitted…”
West Virginia State University v. The Dow Chemical Company (2022) ca4 “”); 40 C.F.R. § 270.32 (b). To obtain a permit, the applicant must “submit a [Proposal] to address the need for corrective action” at the facility.”
United States v. Richard Heuer, United States of America v. Eugene Holderness (1993) ca9 · cites it 2× “30 , and any additional conditions “shall be incorporated either expressly or by reference,” 40 C.F.R. § 270.32 (e). It is fundamental that an entity which performs a hazardous waste activity for which a permit is required under RCRA may not legally perform that activity unless…”
LaFarge Corp. v. Campbell (1993) txwd “12 See 40 C.F.R. § 270.32 (applies to all RCRA permits).”
West Virginia State University v. The Dow Chemical Company (2022) ca4 “”); 40 C.F.R. § 270.32 (b). To obtain a permit, the applicant must “submit a [Proposal] to address the need for corrective action” at the facility.”
United States v. New Mexico Environment Department (2020) nmd “2(B) of the HWA, 40 CFR part 264, subpart F, or 40 CFR 270.32(b)(2), means a hazardous waste as defined in 74-4-3(I) of the HWA.”
West Virginia State University Board of Governors v. The Dow Chemical Company (2020) wvsd “” 40 C.F.R. § 270.32 (b)(1)-(2). Again, defendants’ arguments rely on cases that concerned CERCLA cleanups rather than corrective action permits under RCRA.”
— 40 C.F.R. § 270.32(b)(2) — 1 case
United States v. New Mexico Environment Department (2020) nmd “2(B) of the HWA, 40 CFR part 264, subpart F, or 40 CFR 270.32(b)(2), means a hazardous waste as defined in 74-4-3(I) of the HWA.”
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