Section 20-4270. DEPARTMENT-ADMINISTERED HAZARDOUS WASTE PERMIT PROGRAM

 

4270.1 The provisions of 40 C.F.R. 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.

 

4270.2With respect to 40 C.F.R. § 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 (FOIA), effective March 29, 1977, as amended (D.C. Law 1-96; D.C. Official Code §§ 2-531 to 2-540 (Supp. 2004), 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.

 

4270.3 With respect to the introductory text in 40 C.F.R. § 270.41 (modification or revocation and reissuance of permit), the provisions of 40 C.F.R. § 124.5, incorporated by reference, are subject to modification in 20 DCMR § 4271.2.

 

4270.4In 40 C.F.R. § 270.42(f), pertaining to public notice and appeals of permit modification decisions, the cross-references to 40 C.F.R. § 124.19 shall refer instead to 20 DCMR § 4271.6.

4270.5 In addition to the causes identified in 40 C.F.R. § 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.

 

4270.6 The provisions of 40 C.F.R. § 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.

 

4270.7 The provisions of 40 C.F.R. Part 270, Subpart H (Remedial Action Plans (RAPs)) are adopted with the following modifications:

 

(a) With respect to 40 C.F.R. § 270.115, the confidentiality of information submitted to the Department shall be governed by 20 DCMR § 4270.2;

 

(b) In addition to the public notice procedures in 40 C.F.R. § 270.145, the Director shall provide notice by publication in the D.C. Register, in accordance with § 13 of the Advisory Neighborhood Commission Act of 1975, D.C. Official Code § 1-309.10;

 

(c) The provisions of 40 C.F.R. § 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 C.F.R. § 270.155(a), the cross-references to 40 C.F.R. § 124.19 shall refer instead to 20 DCMR § 4271.6;

 

(d) In 40 C.F.R. §§ 270.190 and 270.215, all references to the “Environmental Appeals Board” shall refer instead to the “District of Columbia Office of Administrative Hearings”; and

(e) With respect to 40 C.F.R. § 270.230(d)(2), pertaining to remediation waste management activities at locations removed from where the remediation wastes originated, the provisions of 40 C.F.R. §§ 124.31, 124.32, and 124.33, incorporated by reference, are subject to modification in 20 DCMR § 4271.8.

 

4270.8With respect to 40 C.F.R. § 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.

 

4270.9With respect to the introductory text in 40 C.F.R. § 270.41 (modification or revocation and reissuance of permit), the provisions of 40 C.F.R. § 124.5, incorporated by reference, are subject to modification in 20 DCMR § 4271.3.

 

4270.10In 40 C.F.R. § 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.

 

4270.11In addition to the causes identified in 40 C.F.R. § 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 ed.).

 

4270.12The provisions of 40 C.F.R. § 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[REPEALED].

 

4270.14The provisions of 40 C.F.R. Part 270, Subpart H (Remedial Action Plans (RAPs)) are adopted with the following modifications:

 

(a)With respect to 40 C.F.R. § 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 C.F.R. § 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 ed.));

 

(c)The provisions of 40 C.F.R. § 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 C.F.R. § 270.155(a), the cross-references to 40 C.F.R. § 124.19 shall refer instead to 20 DCMR § 4271.7;

 

(d)In 40 C.F.R. §§ 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)[REPEALED].

 

(f)With respect to 40 C.F.R. § 270.230(d)(2), pertaining to remediation waste management activities at locations removed from where the remediation wastes originated, the provisions of 40 C.F.R. §§ 124.31, 124.32, and 124.33, incorporated by reference, are subject to modification in 20 DCMR § 4271.9.

 

 

authority

Section 6 of the District of Columbia Hazardous Waste Management Act of 1977, effective March 16, 1978 (D.C. Law 2-64; D.C. Official Code § 8-1305 (2008 Repl.)); Mayor's Order 2005-70, dated April 19, 2005 (52 DCR 5495); Section 107 of the District Department of the Environment Establishment Act of 2005, effective February 15, 2006 (D.C. Law 16-51; D.C. Official Code § 8-151.07(4) (2013 Repl. & 2015 Supp.)); Mayor's Order 2006-61, dated June 14, 2006; and Mayor’s Order 2015-191, dated July 23, 2015.

source

Final Rulemaking published at 52 DCR 9653 (October 28, 2005); as amended by Final Rulemaking published at 54 DCR 5586 (June 8, 2007); as amended by Final Rulemaking published at 62 DCR 13808 (October 23, 2015).