D.C. Mun. Regs. r. 20-4271

Current through Register Vol. 71, No. 33, August 16, 2024

Rule 20-4271 - DECISION-MAKING PROCEDURES FOR DEPARTMENT-ADMINISTERED HAZARDOUS WASTE PERMIT PROGRAM

4271.1

Only the provisions of 40 C.F.R. Part 124 pertaining to the decision-making procedures that the Department will follow when issuing, modifying, suspending and reissuing, and revoking hazardous waste permits issued pursuant to this chapter, subject to the specific modifications in this section, are incorporated by reference.

4271.2

The provisions of 40 C.F.R. § 124.5 are modified as follows:

(a) Only the provisions of 40 C.F.R. § 124.5(a), (c), and (d)(1) are incorporated by reference. The cross-references in the federal regulation to 40 C.F.R. §§ 270.41 and 270.43 shall refer instead to §§ 4270.3 and 4270.5 of this chapter respectively;

(b) If the Department determines that a request for the modification, revocation and reissuance, or termination of a permit is not justified, the Department shall send the requestor a brief written response giving the reasons for the decision. Denials of requests for modification, revocation and reissuance, or termination are not subject to public notice, comment, or hearing. Denials may be appealed pursuant to procedures established in § 4271.6 of this chapter; and

(c) When there has been a history of repeated violations or a permit has been previously revoked and reissued, or when there is an initial violation and the violation presents an imminent and substantial endangerment to the public health, public welfare, or the environment, the Department may proceed under § 10 of the District of Columbia Hazardous Waste Management Act, D.C. Official Code § 8-1309(c) and (d), and Chapter 43 of this title to terminate the permit in lieu of proceeding under this subsection.

4271.3

The provisions of 40 C.F.R. § 124.10 are modified as follows:

(a) With respect to 40 C.F.R. § 124.10(a)(1)(iv), the Department shall give public notice whenever a request for a hearing under § 4271.6 of this chapter to review a permit decision is received; and

(b) In addition to the methods specified in 40 C.F.R. § 124.10(e), the Department shall give notice by publication in the D.C. Register, and by providing notice in accordance with the requirements of § 13 of the Advisory Neighborhood Commission Act of 1975, D.C. Official Code § 1-309.10.

4271.4

In addition to the notice required under 40 C.F.R. § 124.15(a) for a final permit decision or a decision to deny a permit for the active life of a hazardous waste management facility or unit, the Department shall provide notice in accordance with the requirements of § 13 of the Advisory Neighborhood Commission Act of 1975, D.C. Official Code § 1-309.10.

4271.5

In 40 C.F.R. § 124.16(a)(2)(ii), pertaining to requests for reviews of permit conditions, the term "EAB" shall mean the "District of Columbia Office of Administrative Hearings."

4271.6

The provisions of 40 C.F.R. § 124.19, pertaining to appeals of permits, are excluded from the incorporation by reference. Instead, the following procedures shall govern appeals of a Department decision to issue or deny a permit:

(a) Within fifteen (15) calendar days of the date of a hazardous waste permit decision or a decision under 40 C.F.R. § 270.29 to deny a permit for the active life of a hazardous waste management facility or unit under 40 C.F.R. § 124.15, any person adversely affected by the decision may appeal the decision by requesting a hearing, pursuant to § 4307 of chapter 43 of this title;

(b) The fifteen-day (15-day) period within which a person may request a hearing under this section begins on the date of the service of the notice of the Department's action, unless a later date is specified in the notice;

(c) The Department shall give public notice of an appeal under this subsection as provided in § 4271.3 of this chapter;

(d) At any time prior to the rendering of a decision by the Director pursuant to § 4307 of chapter 43 of this title, the Department may, upon notification to any parties to the proceeding, withdraw the permit and prepare a new draft permit under 40 C.F.R. § 124.6, addressing the portions withdrawn as follows:

(1) The new draft permit shall proceed through the same process of public comment and opportunity for a public hearing as would apply to any other draft permit subject to this section; and

(2) Any portions of the permit that are not withdrawn and that are not stayed under 40 C.F.R. § 124.16 continue to apply; and

(e) The Department shall give public notice of the final decision in accordance with the procedures in § 4271.4 of this chapter.

4271.7

The provisions of 40 C.F.R. § 124.20 (computation of time) are excluded from the incorporation by reference. Instead, the provisions of § 4309 of chapter 43 of this title shall govern time computation.

4271.8

With respect to 40 C.F.R. Part 124, Subpart B:

(a) The provisions of 40 C.F.R. §§ 124.31, 124.32, and 124.33 shall also apply to applications submitted to the Department; and

(b) In addition to the requirements of 40 C.F.R. § 124.32(b) for public notice at the application stage, the Department shall give notice by publication in the District of Columbia Register, and by providing notice in accordance with the requirements of § 13 of the Advisory Neighborhood Commission Act of 1975, D.C. Official Code § 1-309.10.

D.C. Mun. Regs. r. 20-4271

Final Rulemaking published at 52 DCR 9653 (October 28, 2005); as amended by Final Rulemaking published at 54 DCR 5586 (June 8, 2007); amended by Final Rulemaking published at 62 DCR 13808 (10/23/2015); amended by Final Rulemaking published at 70 DCR 703 (1/20/2023)