D.C. Mun. Regs. tit. 20, § 4270
4270.1 The provisions of 40 CFR Part 270 (EPA-administered hazardous waste permit program) are incorporated by reference as the regulations applicable to the Department-administered hazardous waste (RCRA) permit program, subject to the general modifications in 20 DCMR §§ 4200 through 4206 and the specific modifications in this section.
4270.2 The cross-references throughout 40 CFR Part 270 to § 264.1 shall refer instead to 20 DCMR § 4264.2(a).
4270.3 The provisions of 40 CFR § 270.1 (purpose and scope of Part 270) are adopted with the following modifications:
(a) With respect to 40 CFR § 270.1(c)(2)(i), pertaining to generators who accumulate hazardous waste on-site, the provisions of 40 CFR § 262.34 (accumulation time), incorporated by reference, are subject to modification in 20 DCMR § 4262.4; and
(b) The provisions of 40 CFR § 270.1(c)(2)(vi) (reduced requirements for transfer facilities) are excluded from the incorporation by reference.
4270.4 The substitution of terms specified in 20 DCMR 4201.8(a) and (b) shall not apply to the provisions of 40 CFR § 270.2 (definitions applicable to Parts 124 and 270), which are adopted as the definitions applicable to 20 DCMR §§ 4270 and 4271, with the following modifications:
(a) Terms not defined in 40 CFR § 270.2 or 20 DCMR § 4270.4 shall have the meanings given in § 3 of the District of Columbia Hazardous Waste Management Act of 1977, effective March 16, 1978, as amended (D.C. Law 2-64; D.C. Official Code § 8-1302 (2001)), and the Hazardous Waste Management Regulations, 20 DCMR § 4260.4;
(b) With respect to the definition of the term "draft permit," provisions of 40 CFR § 124.5, incorporated by reference, are subject to modification in 20 DCMR § 4271.3; and
(c) The term "wastewater treatment unit" means a device which:
(1) Is part of a wastewater treatment facility that is subject to regulation under either §§ 307(b) or 402 of the Clean Water Act, 33 U.S.C. §§ 1317(b) or 1342; § 7 of the District of Columbia Water Pollution Control Act of 1984, effective March 16, 1985, as amended (D.C. Law 5-188; D.C. Official Code § 8-103.06 (2001)); or the District of Columbia Wastewater System Regulation Act, effective March 12, 1986, as amended (D.C. Law 6-95; D.C. Official Code §§ 8-105.01 to 8-105.15 (2001)); and
(2) Receives and treats or stores an influent wastewater that is a hazardous waste as defined in 40 CFR § 261.3, or that generates and accumulates a wastewater treatment sludge that is a hazardous waste as defined in § 261.3; and
(3) Meets the definition of tank or tank system in 40 CFR § 260.10.
4270.5 In addition to the requirements of 40 CFR §§ 270.3, 270.14(b)(20), and 270.32(a), pertaining to considerations under other federal laws that may apply to the issuance of RCRA permits, whenever another District of Columbia law that applies to a facility or activity regulated by this section (20 DCMR § 4270) requires the consideration or adoption of a particular permit
condition, those District requirements shall also be followed, provided they are no less stringent than these regulations (Hazardous Waste Management Regulations, 20 DCMR chapters 42 and 43).
4270.6 The substitution of terms specified in 20 DCMR § 4201.8(a) and (b) shall not apply to 40 CFR § 270.5 (noncompliance and program reporting by the Director).
4270.7 The substitution of terms specified in 20 DCMR § 4201.8(a) and (b) shall not apply to 40 CFR § 270.10 (general permit application requirements), the provisions of which are adopted with the following modifications:
(a) With respect to 40 CFR § 270.10(e)(2), the Director shall publish notices in the D.C. Register of any extension of the date by which owners and operators of specified classes of existing hazardous waste management facilities must file Part A of the permit application; and
(b) With respect to 40 CFR § 270.10(e)(3), the Director may, by compliance order issued under § 12 of the District of Columbia Hazardous Waste Management Act of 1977, effective March 16, 1978, as amended (D.C. Law 2-64; D.C. Official Code § 8-1311(2001)), extend the date by which the owner or operator of an existing hazardous waste management facility must submit Part A of the permit application.
4270.8 With respect to 40 CFR § 270.12 (confidentiality of information), the following provisions shall govern the confidentiality of any information submitted to the Department pursuant to these regulations:
(a) Any information provided to the Department under the District of Columbia Hazardous Waste Management Act of 1977, D.C. Official Code §§ 8-1301 through 8-1314, and the Hazardous Waste Management Regulations, 20 DCMR chapters 42 and 43, shall be made available to the public to the extent and in the manner authorized by the District of Columbia Freedom of Information Act, effective March 29, 1977, as amended (D.C. Law 1-96; D.C. Official Code §§ 2-531 to 2-540 (Supp. 2004) (FOIA), and the rules implementing FOIA, chapter 4 in Title 1 DCMR;
(b) Any person submitting information to the Department pursuant to the Hazardous Waste Management Act or the Hazardous Waste Management Regulations may assert a claim of confidentiality covering part or all of the information by demonstrating to the Director that the information claimed to be confidential is exempt from public disclosure under FOIA, D.C. Official Code § 2-534(a);
(c) Any claim of confidentiality shall be asserted at the time of submission in the manner prescribed on the application form or instructions or, in the case of other submissions, by stamping the words "confidential business information" on each page containing such information. If no claim is made at the time of submission, the Director may make the information available to the public without further notice;
(d) The Director will determine, in accordance with the FOIA criteria in D.C. Official Code § 2-534(a), whether and to what extent the information claimed to be confidential will be withheld from disclosure; and
(e) Claims of confidentiality shall not apply to the names and addresses of any permit applicants or permittees.
4270.9 With respect to the introductory text in 40 CFR § 270.41 (modification or revocation and reissuance of permit), the provisions of 40 CFR § 124.5, incorporated by reference, are subject to modification in 20 DCMR § 4271.3.
4270.10 In 40 CFR § 270.42(f), pertaining to public notice and appeals of permit modification decisions, the cross-references to § 124.19 shall refer instead to 20 DCMR § 4271.7.4270.11 In addition to the causes identified in 40 CFR § 270.43 for the termination of a permit, the Director may suspend, refuse to reissue, or revoke a permit as provided in §§ 4 and 10 of the District of Columbia Hazardous Waste Management Act of 1977, D.C. Official Code §§ 8-1303(b) and 8-1309 (2001).4270.12 The provisions of 40 CFR § 270.51(a) through (c) (continuation of expiring EPA- issued RCRA permits) are adopted as the procedures the Department will follow with respect to the continuation of expiring Department-issued permits.4270.13 With respect to 40 CFR § 270.72(a)(4), pertaining to changes in ownership or operational control during interim status, the provisions of Part 265, Subpart H, incorporated by reference, are subject to modification in 20 DCMR § 4265.6.4270.14 The provisions of 40 CFR Part 270, Subpart H (Remedial Action Plans (RAPs)) are adopted with the following modifications:- (a) With respect to 40 CFR § 270.115, the confidentiality of information submitted to the Department shall be governed by 20 DCMR § 4270.8;
- (b) In addition to the public notice procedures in 40 CFR § 270.145, the Director shall provide notice by publication in the D.C. Register, and in accordance with § 13 of the Advisory Neighborhood Commission Act of 1975, effective October 10, 1975, as amended (D.C. Law 1-21; D.C. Official Code § 1-309.10 (2001));
- (c) The provisions of 40 CFR § 270.155, pertaining to administrative appeals, are adopted with the following modifications:
- (1) An appeal under this paragraph shall be made to the District of Columbia Office of Administrative Hearings pursuant to 1 DCMR chapter 29; and
- (2) In 40 CFR § 270.155(a), the cross-references to 40 CFR § 124.19 shall refer instead to 20 DCMR § 4271.7;
- (d) In 40 CFR §§ 270.190 and 270.215, all references to the 'Environmental Appeals Board' shall refer instead to the 'District of Columbia Office of Administrative Hearings';
- (e) With respect to 40 CFR § 270.220(b) (transfer of a RAP), the provisions of Part 264, Subpart H (Financial Requirements), incorporated by reference, are subject to modification in 20 DCMR § 4264.7; and
- (f) With respect to 40 CFR § 270.230(d)(2), pertaining to remediation waste management activities at locations removed from where the remediation wastes originated, the provisions of 40 CFR §§ 124.31, 124.32, and 124.33, incorporated by reference, are subject to modification in 20 DCMR § 4271.9.
SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005); as amended by Final Rulemaking published at 54 DCR 5586 (June 8, 2007).