40 C.F.R. § 270.60

Permits by rule

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Notwithstanding any other provision of this part or part 124, the following shall be deemed to have a RCRA permit if the conditions listed are met:

(a) Ocean disposal barges or vessels. The owner or operator of a barge or other vessel which accepts hazardous waste for ocean disposal, if the owner or operator:

(1) Has a permit for ocean dumping issued under 40 CFR part 220 (Ocean Dumping, authorized by the Marine Protection, Research, and Sanctuaries Act, as amended, 33 U.S.C. 1420 et seq.);

(2) Complies with the conditions of that permit; and

(3) Complies with the following hazardous waste regulations:

(i) 40 CFR 264.11, Identification number;

(ii) 40 CFR 264.71, Use of manifest system;

(iii) 40 CFR 264.72, Manifest discrepancies;

(iv) 40 CFR 264.73(a) and (b)(1), Operating record;

(v) 40 CFR 264.75, Biennial report; and

(vi) 40 CFR 264.76, Unmanifested waste report.

(b) Injection wells. The owner or operator of an injection well disposing of hazardous waste, if the owner or operator:

(1) Has a permit for underground injection issued under part 144 or 145; and

(2) Complies with the conditions of that permit and the requirements of § 144.14 (requirements for wells managing hazardous waste).

(3) For UIC permits issued after November 8, 1984:

(i) Complies with 40 CFR 264.101; and

(ii) Where the UIC well is the only unit at a facility which requires a RCRA permit, complies with 40 CFR 270.14(d).

(c) Publicly owned treatment works. The owner or operator of a POTW which accepts for treatment hazardous waste, if the owner or operator:

(1) Has an NPDES permit;

(2) Complies with the conditions of that permit; and

(3) Complies with the following regulations:

(i) 40 CFR 264.11, Identification number;

(ii) 40 CFR 264.71, Use of manifest system;

(iii) 40 CFR 264.72, Manifest discrepancies;

(iv) 40 CFR 264.73(a) and (b)(1), Operating record;

(v) 40 CFR 264.75, Biennial report;

(vi) 40 CFR 264.76, Unmanifested waste report; and

(vii) For NPDES permits issued after November 8, 1984, 40 CFR 264.101.

(4) If the waste meets all Federal, State, and local pretreatment requirements which would be applicable to the waste if it were being discharged into the POTW through a sewer, pipe, or similar conveyance.

[48 FR 14228, Apr. 1, 1983, as amended at 50 FR 28752, July 15, 1985; 52 FR 45799, Dec. 1, 1987]

Notes of Decisions

Cited in 6 cases, 1986–1995 · leading case: Am. Iron & Steel Inst. v. U.S. Env't Prot. Agency, Am. Petroleum Inst., Edison Elec. Inst., Intervenors, 886 F.2d 390 (D.C. Cir. 1989).

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Am. Iron & Steel Inst. v. U.S. Env't Prot. Agency, Am. Petroleum Inst., Edison Elec. Inst., Intervenors, 886 F.2d 390 (D.C. Cir. 1989). “at 45,791-92; see also 40 CFR § 270.60 (b) (1988). The EPA’s three-part reply to both these challenges is (1) that they have already been adjudicated by this court in United Technologies v.”

United States v. Conservation Chem. Co., 628 F. Supp. 391 (W.D. Mo. 1986). “7 At their option, Settling Defendants may arrange for treatment of waste-water at the Rock Creek publicly owned treatment works (POTW) provided that pretreatment of wastewater is performed prior to its entry into the POTW according to the provisions in RCRA 40 CFR 270.60 and…”

Petro-Chem Processing, Inc. v. Env't Prot. Agency, Hazardous Waste Treatment Council v. Env't Prot. Agency, 866 F.2d 433 (D.C. Cir. 1989). “46,946, 46,953 (1987) (preamble to final rule), to allow the disposal of hazardous wastes into salt domes, underground caves, and mines, through an “injection well,” with only a RCRA “permit-by-rule” under 40 C.F.R. § 270.60 (b), and (2) EPA’s definition of “miscellaneous unit,”…”

United States v. Bethlehem Steel Corp., 38 F.3d 862 (7th Cir. 1995). “3 40 C.F.R. § 270.60 . In 1976, Congress enacted the SDWA to protect the nation’s drinking water sources.”

United States v. Bethlehem Steel Corp., 829 F. Supp. 1023 (N.D. Ind. 1993). “Pursuant to 40 C.F.R. § 270.60 (b), the owner or operator of an injection well disposing of hazardous waste and having a UIC permit issued after November 8, 1984, shall be deemed to have a RCRA permit if the owner or operator complies with the conditions of that permit and the…”

Nat. Resources Def. Council, Inc. v. United States Env't Prot. Agency, 907 F.2d 1146 (D.C. Cir. 1990). “issued under section 6925(c)”) because such a permit qualifies as a RCRA permit under EPA’s permit-by-rule regulations, 40 C.F.R. § 270.60 . NRDC argues that because the injection well permit process does not include some of the procedural protections required by statute for…”

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