Exhibit 5 U.S. EPA Response to FOIA Online No. EPA-HQ-2017-003409 (Ex. 3(a)) Confirms that attempts to backdate a change of operational control in a RCRA Part A permit application 1) fail to comply with the advance request requirements of 40 CFR 270.72(a)(4), and 2) are null and void). Ex. 5(a) – EPA Response to FOIA Request. Ex. 5(b) – Attachment to FOIA Request (45 Fed. Reg. 33290). Ex. 5(c) – Attachment to FOIA Request (EPA Instructions, Series 8700 Forms). B-51
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Exhibit 5 U.S. EPA Response to FOIA Online No. EPA-HQ-2017-003409 (Ex. 3(a))
Confirms that attempts to backdate a change of operational control
in a RCRA Part A permit application 1) fail to comply with the advance request requirements of 40 CFR 270.72(a)(4), and 2) are null and void).
Ex. 5(c) – Attachment to FOIA Request (EPA Instructions, Series 8700 Forms).
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Exhibit 5(a) U.S. EPA Response to FOIA Online No. EPA-HQ-2017-003409
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Exhibit 5(b) Attachment to FOIA Online No. EPA-HQ-2017-003409
45 Fed. Reg. 33290 (May 19, 1980) (excerpted.
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33290 Federal Register / Vol. 45, No. 98 / Monday, May 19, 1980 / Rules and Regulations
ENVIRONMENTAL PROTECTIONAGENCY
40 CFR Parts 122, 123, 124, and 125
[FAL 1453-5]
Consolidated Permit Regulations:RCRA Hazardous Waste; SDWAUnderground Injection Control; CWANational Pollutant DischargeElimination System; CWA Section 404Dredge or Fill Programs; and CAAPrevention of Significant Deterioration
AGENCY: Environmental ProtectionAgency (EPA).ACTION: Final rule.
SUMMARY: This rule establishesconsolidated permit programrequirements governing the HazardousWaste Management program under theResource Conservation and RecoveryAct (RCRA), the Underground InjectionControl (UIC) program under the SafeDrinking Water Act (SDWA), theNational Pollutant DischargeElimination System (NPDES) programand State Dredge or Fill ("404")programs under the Clean Water Act(CWA), and the Prevention ofSignificant Deterioration (PSD) programunder the Clean Air Act, for threeprimary purposes:
(1) To consolidate programrequirements for the RCRA and UICprograms with those already establishedfor the NPDES program.
(2) To establish requirements for Stateprograms under the RCRA, UIC, andSection 404 programs.
(3) To consolidate permit issuanceprocedures for EPA-issued Prevention ofSignificant Deterioration permits underthe Clean Air Act with those for theRCRA, UIC, and NPDES programs.DATES: These regulations shall becomeeffective as follows: All regulations shallbecome effective as to UIC permits andprograms July 18, 1980, but shall not beimplemented until the effective date of40 CFR Part 146. All regulations shallbecome effective as to RCRA permitsand programs November 19, 1980. Part124 shall become effective as specifiedin § 124.21. All other provisions of theregulations shall become effective July18. 1980. For purposes of judicial reviewunder the Clean Water Act, theseregulations will be considered issued at1 p.m. eastern time on June 2, 1980; see45 FR 26894, April 22, 1980. In order toassist EPA to correct typographicalerrors, incorrect cross-references, andsimilar technical errors, comments of atechnical and nonsubstantive nature onthe final regulations may be submittedon or before July 18, 1980. The effective
date will not be delayed byconsideration of such comments.
Comments on the scope andapplicability of Executive Order 11990and Executive Order 11988 to RCRA,UIC, and NPDES permits must besubmitted on or before July 18, 1980.
Comments on requirements for ClassIV wells must be received by July 15,1980.
There will be a hearing on therequirements for Class IV wells on July8, 1980, from 9 a.m. to 5 p.m.ADDRESSES: Comments of a technicaland nonsubstantive nature, as well asthe comments concerning the scope andapplicability of Executive Order 11990and Executive Order 11988. should beaddressed to: Edward A. Kramer, Officeof Water Enforcement (EN-336), U.S.Environmental Protection Agency,Washington, D.C. 20460.
Comments on requirements for ClassIV wells should be addressed to: AlanLevin, Director, State Program Division(WH-550), Office of Drinking Water,Environmental Protection Agency.Washington, D.C. 20460.
The Public Hearing on Class IV wellswill be held at: HEW Auditorium, 330Independence Avenue, S.W.,Washington, D.C.FOR FURTHER INFORMATION CONTACT:
Edward A. Kramer, Office of WaterEnforcement (EN-336). U.S.Environmental Protection Agency,Washington, D.C. 20460, (202) 755-0750.SUPPLEMENTARY INFORMATION:
Background
These final regulations consolidaterequirements and procedures for fiveEPA permit programs. These regulationsrepresent the major product of theAgency's permit consolidation initiativethat began in the fall of 1978. They arebased on the proposed consolidatedpermit regulations that were publishedin the Federal Register for comment onJune 14, 1979 (44 FR 32854).
EPA program requirements and Stateprogram requirements are establishedfor three programs:
• The Hazardous Waste Management(HWM) program under the ResourceConservation and Recovery Act(RCRA);
• The Underground Injection Control(UIC) program under the Safe DrinkingWater Act (SDWA);
• The National Pollutant DischargeElimination System (NPDES) programunder the Clean Water Act (CWA); and
State program requirements only areestablished for:
• State section 404 "Dredge or Fill"programs under the CWA.
In addition, procedures For permitdecisionmaking are established for theabove four programs, and for
• The . Prevention of SignificantDeterioration (PSD) program under theClean Air Act, where this program isoperated by EPA or a delegated Stateagency under 40 CFR 52.21(v); theseprocedures do not apply to PSD permitsissued by States to whomadministration of the PSD program hasbeen transferred. [See preamble to Part124, Subpart C.)
These regulations are an importantelement of an Agency-wide effort toconsolidate and unify procedures andrequirements applicable to EPA andState-administered permit programs.
The Agency has also developed asingle set of permit application forms forthe programs covered by theseregulations. These consolidatedapplication forms are publishedelsewhere in today's Federal Register.They consist of a single general form tocollect basic information from allapplicants, followed by separateprogram-specific forms which collectadditional information needed to issuepermits under each program. Theapplication forms in today's FederalRegister include the general informationform and the additional forms forcertain water discharges under NPDESand for hazardous waste permits underRCRA.
When the draft consolidatedapplication forms were published forpublic comment, they appeared alongwith a set of proposed NPDESregulations which were closely relatedto the contents of the application forms.Those accompanying regulations havenow been integrated with the finalNPDES regulations which appear as partof these consolidated permit regulations,and are summarized in the proper placesin the preamble discussion. For a morethorough discussion and response tocomments on those portions of theNPDES regulations, see the preamble tothe consolidated application formspublished elsewhere in today's FederalRegister. Because the draft applicationforms and accompanying proposedNPDES regulations were originallypublished together. commented upontogether, and are closely related, thedetailed discussion of both forms andaccompanying regulations has beenretained in one place.
Many of the requirements in theseregulations apply both to EPA programsand to State programs that receive EPAapproval to operate in lieu of a Federalprogram in a particular State. Thesecommon requirements are intended toensure that State permit programssatisfy minimum statutory and
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to reflect the new ownership oroperational control of the facility,although EPA has attempted to draftthese requirements to achieve the leastpossible burden on propertytransactions consistent with adequatetransfer of permit responsibilities.
First, EPA has retained the essentialfeatures of the proposal for NPDESfacilities and UIC wells not injectinghazardous waste. Permits for thesefacilities may be transferredautomatically, without requiring anyaffirmative act by the Director, but onlyif a written agreement for transfer ofpermit responsibilities is sent to theDirector. The agreement no longerrequires specific provisions as toliability for events occurring before andafter the transfer, but only an agreementas to liability between the parties. ForUIC facilities, the notice to the Directormust also demonstrate that therequirements for financial responsibilitywill be met by the new permittee.Finally, the director must have theopportunity to require that the permit bemodified to reflect the change inownership or operation. In many casesthe Director may feel that it is desirableto require the prospective new permitteeto submit a permit application; seepreamble to § 122.15(b).
For permits that are automaticallytransferred under this provision. thetransfer-bared cause for modification orrevocation and reissuance(§ 122.15(b)(2)) survives the transfer, sothat the Director can later modify thepermit to reflect the new realities of theoperation without holding up thetransfer. However, after an automatictransfer is effective the permit will notbe reopened to revoke and reissue thepermit unless the permittee requests oragrees. Otherwise, the new permitteewould be subject to having its entirepermit rewritten at any time regardlessof its relevance to the change broughtabout by the transfer. This is contrary tothe certainty which these regulationsattempt to give permittees during theirfixed-tei in permits. Of course, thetransferred permit may also always beterminated for cause, such as violationof the financial responsibilityrequirements.
Second, for RCRA facilities and UICwells injecting hazardous wastes, EPAhas determined that in all cases it willbe necessary to modify the permits upontransfer of ownership or operationalcontrol of a pennitted facility or activity.This provision is also applicable to 404permits. This is necessary because thesepermits, unlike NPDES permits orcertain UIC permits (other than theprovisions for financial responsibility),
contain conditions which are personal tothe permittee and which necessarilymust change when the permitteechanges. These include such conditionsof the permit as the closure and post-closure plans, the contingency plan, andprovisions for financial responsibility. Inaddition, because some of theseconditions are incorporated in thepermit on the basis of information whichis submitted as part of the permitapplication, in most of these transfers anew permit application will benecessary as well. A new applicationwill always be required when the permitis revoked and reissued. However, theremay be some instances, such as acorporate-subsidiary transfer, where themodification would require nosubstantive changes in permitconditions but merely an updating toreflect the identity of the new owner oroperator. In these cases, the transfercould be processed as a minormodification under § 122.17(d) if theDirector receiver an agreement fortransfer of permit responsibilities. EPAbelieves that such an agreement isnecessary even in these situations inorder to asure adequate continuity ofpermit responsibilities.
This provision does not covertransfers of facilities under RCRAinterim status. Provisions for suchtransfers may be found in § 122.23.
Because permittees need to knowwhat provisions apply to permittransfers, final § 122.7(1)(3) now statesthat "this permit is not transferable toany person except after notice to theDirector." The Director shall thenproceed under the provisions of § 122.14.
Under this scheme, transfer in itselfwill no longer be a cause for terminationof a permit. Rather, the permit will eitherbe automatically .transferred; transferredafter a required modification orrevocation and reissuance; or the permitwill not be transferred but will remainwith the prior owner or operator of thefacility, and the new owner or operatorof the facility will be subject toenforcement for operating without apermit.
EPA believes that in some instancesfinal § 122.14 may be less burdensomethan would have been possible in theproposal. For example, in the proposalan agreement for transfer of permitresponsibilities was necessary in everyinstance of a transfer of a RCRA permit.In the final version, this is not necessaryunless the transfer is to be handled as aminor modification. Also, in the.proposed provision for automatictransfers, a new application wasrequired whenever the Director objectedto the transfer. Under these final
regulations, a permit may be modifiedwithout requiring a new application.
§ 122.15 Modification or revocationand reissuance of permits.
EPA has rewritten the permitmodification section in two ways as partof the effort (see also §§ 122.9 and 122.13and accompanying preamble) to providegreater certainty to permittees duringthe period when they hold permits andthereby make it easier to make businessdecisions and obtain financing. First,EPA has narrowed the circumstancesunder which a permit may be modifiedduring its fixed term. Second, EPA hasnarrowed the scope of the changes thatcan be made when a permit of fixed butnot lifetime duration is reopened duringits term.
(1) The causes for modification havebeen narrowed. Normally, a permit willnot be modified during its term if thefacility is in compliance with theconditions of the permit. The list ofcauses for modifying a permit is narrow;and absent cause from this list, thepermit cannot be modified. (However,State programs may always be morestringent than these requirements andan approved State program couldprovide additional causes.) In addition.certain "minor" modifications (§ 122.17)can be made, with the consent of thepermittee, absent cause from the list in§ 122.15.
First (see § 122.15(a)(1), proposed§ 122.9(e)(1)). a permitted facility maychange its operations in ways that werenot contemplated in the original permitbut which require regulation. This is oneinstance when compliance with a permitshould not insulate the permit frommodification. While in many cases achange in operations will violate thepermit (giving rise to cause formodification under § 122.15(b)(1)), inother cases activities not limited in thepermit will arise after the permit wasissued. If permits could not be modifiedfor such reasons then permits wouldhave to be written to prohibit allactivities not specifically limited in thepermit. With such a requirementpermittees would never be sure what thescope of permissible activities is undertheir permits. (State 404 permits,however, authorize only a specificactivity for what is normally a shortperiod of time and activities notauthorized in the permit are prohibiter;;see § 123.97(b).) For NPDES, see therelated causes for modificationdiscussed below under§ 122.15(a)(5)(viii) and (ix). Fermitteeshave a duty to report all changes in thephysical facility, and all other changesthat may result in noncompliance, under§122.7(1).
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1. The owner and operator hasobtained all necessary Federal, State,and local preconstruction approvals orpermits; and
2a. A continuous on-site, physicalconstruction program has begun or
2b.The owner or operator has enteredinto contractual obligations.—whichcannot be cancelled or modified withoutsubstantial loss—for construction of thefacility to be completed within areasonable time.
It is intended that the continuous on-site, physical construction programinclude physical site preparation. Designand other non-physical and non-sitespecific preparatory activities alonewould not constitute on-site, physicalconstruction. Furthermore it is intendedthat structures or equipment constructedfrom a permanent part of the facilitythat are to be used in its own operation.and represent a substantial commitmentto construction.
In general if the amount an owner oroperator must pay to cancelconstruction agreements or stopconstruction exceeds 10% of the totalproject cost, the loss would be deemed"substantial". Options to purchase orcontracts for feasibility, engineering,and design studies would not constitutecontractual obligations.
EPA believes this provides anequitable and reasonable approach tofacilities constructed prior to thepromulgation of the RCRA regulations.A substantial commitment of resourcesby owners and operators in a period ofuncertainty to provide for treatment,storage, and disposal of hazardouswaste will not be penalized. All facilityconstruction commenced afterpromulgation of the new RCRAhazardous waste regulations would besubject to the RCRA permit process.
(2) Changes in the Facility DuringInterim Status. A number of commentersraised questions as to whether a facilitycould be modified during interim status.Comments stated that facilities shouldbe able to make such modificationsduring interim status as are: (1) neededto keep the facility in operations, (2)necessary in order to meet the section3004 standards or (3) needed to insurefull beneficial use of the facility. On theother hand is the concern that allowingsuch changes during interim statuswould provide a loophole to avoid therequirements for obtaining a permit (aswould occur if the modification of anexisting HWM facility was tantamountto construction of a new facility), or forsubmitting less major, but significantchanges to a facility to the kind ofreview and cross-check that a fullyeffective permit would provide. Inresponse to these comments the final
regulation sets forth the followingapproach to making changes in a facilityduring the interim status period.
Part A of the permit applicationbasically defines the process which willbe used for treatment, storage ordisposal of hazardous wastes and thehazardous wastes to be handled at afacility during interim status. In order tomake any changes in such items theowner or operator of the facility mustsubmit a revised Part A permitapplication and in some instances suchchanges must be approved by theDirector.
New hazardous wastes (notpreviously specified on the Part Apermit application) may be handled ifthe application is revised prior to such achange. No approval of the Director isrequired in this instance. Furthermoreadditional quantities of hazardouswaste (already specified on the permitapplication) may be handled at any timewithin the design capacity of the facilitywithout revising the application.
Increases in design ,:apacity orchanges in the processes used at thefacility may only be made uponsubmittal of a revised application andwith Director approval. The Directormay approve additional processes if heor she finds that they (1) are necessarybecause of an emergency situation; or(2) are necessary to comply withFederal, State or local laws. TheDirector may approve increases in,thedesign capacity of the facility if he orshe finds that this is necessary becauseof lack of available capacity at otherfacilities. In any of these instances theDirector may inspect a facility prior toor after such a change and maydisapprove a change that would result ina violation of the interim statusstandards.
Changes in ownership and operationalcuntrol of a facility may only occurduring the interim status period inaccordance with the requirements of 40CFR I 285.150. A revised Part A permitapplication is required 90 days prior tosuch a change so that the Director hasan opportunity to determine whethersuch requirements are completed.
Finally, EPA will prohibit any changesto an existing facility during interimstatus which are so extensive as toamount to the construction of a newfacility. Failure to do this would allowavoidance of the requirement that allsources which are in fact physically newgo through the full permitting processbefore construction begins. For thispurpose EPA has adopted the practiceunder the Clean Air Act of designatingas a new facility any change that whencompleted would amount to more than50% of the capital value of the facility.
The Agency believes that thisapproach to changes in a facility duringinterim status will allow reasonablemodifications in existing facilitieswithout creating a situation in which therequirements for obtaining a permit arenullified.
EPA believes that this approachrepresents a legally acceptableresolution to a question which thestatute does not address.
Nothing in the statute provides thatapplicants are bound by their Part Aapplication, and it has never been thepractice when Congress requiresexisting facilities to come under permitsto freeze their present patterns ofoperations until final agency action. Anysuch rule could have drasticconsequences which Congresspresumably did not intend, particularlysince Congress explicitly recognizedthat several years might be necessary toprocess all RCRA permit applications. Inaddition. those consequences would bepredominantly suffered by facilitieswhich, because they are small or welloperated, are low on the priority list ofthe permitting authority. To requireaffirmative action before such facilitiescould change their operations would notonly be burdensome on them, but woulddivert the resources of the permittingagency toward such facilities and awayfrom more urgent tasks.
At'the same time. EPA does notbelieve that facilities which have not yetreceived a RCRA permit should becompletely free of specific regulatoryrequirements. The existence of interimstatus standards grounded in the statuteindicate that Congress intended suchfacilities to be subject to at least theoutlines of the general RCRA scheme. Inaddition, the requirement to file a permitapplication as the price of interim statuscan only mean that the permittingagency can require updating of that.application if it ceases to be accurate.Where the updated applicationindicated that the facility might cease toconform to the general RCRA regulatoryscheme, EPA would be free to takeenforcement action as these regulationsprovide.
(3) Commencement and Terminationof interim Status. The proposal providedthat interim status began at the time theDirector advised the applicant that hisor her Part A application had beenreceived. Commenters pointed out thatunder section 3005(e) of RCRA interimstatus is not granted by the Director, butbegins at the time an application issubmitted (and after notification undersection 3010). EPA agrees with thisinterpretation and did not intend adifferent effect under these regulations.The acknowledgment was not an
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Exhibit 5(c) Attachment to FOIA Online No. EPA-HQ-2017-003409
EPA Instructions, Series 8700 Forms (excerpted).
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United States Environmental Protection Agency January 2015
RCRA Hazardous Waste Part A Permit Application Instructions and Form EPA Form 8700-23 (OMB #2050-0024; Expires 01/31/2017)
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[pages omitted]
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INSTRUCTIONS FOR FILLING OUT THE RCRA SUBTITLE C SITE IDENTIFICATION FORM (SITE ID FORM)
WHO MUST SUBMIT THIS FORM
All sites required to submit any of the following must submit the RCRA Subtitle C Site Identification Form (Site ID Form):
• Initial Notification of Regulated Waste Activity; • Subsequent Notification of Regulated Waste Activity; • First RCRA Hazardous Waste Part A Permit Application; • Revised RCRA Hazardous Waste Part A Permit Application; • Hazardous Waste Report; • Notification for eligible academic entities opting into or withdrawing from managing laboratory
hazardous wastes pursuant to 40 CFR Part 262 Subpart K (if in an eligible State); and • Notification for facilities managing hazardous secondary material pursuant to 40 CFR 260.42
(if in an eligible State).
Some States have requirements in addition to, or that are different from the Federal requirements. To obtain the appropriate forms or ask questions, refer to a list of contacts at: http://www.epa.gov/epawaste/inforesources/data/form8700/contact.pdf.
The list will tell you whether the Federal form or a State form is used, who to contact, and where to mail the completed form.
PURPOSE OF THIS FORM
The Site ID Form provides site-specific information about your facility and is used to obtain an EPA Identification Number under the RCRA Program. The Site ID Form also provides updated information for items that have changed at your site and verifies the information for those items that remain unchanged.
HOW TO FILL OUT THIS FORM
Complete the following Site ID Form items, as applicable to your facility:
• Item 1 - your reason for submitting the form • Item 2 - your site’s EPA Identification Number • Item 3 - the name of your site • Item 4 - the physical location of your site • Item 5 - the land type of your site
• Item 6 - the North American Industry Classification System (NAICS) code(s) for your site • Item 7 - the mailing address for your site • Item 8 - name, title, address, phone number, fax, and e-mail of a contact person at your site • Item 9 - name, address, and phone number of the legal owner(s) and name of the operator(s)
of your site • Item 10 - your site’s regulated waste activities (enter all that apply) • Item 11 - the description of hazardous waste • Item 12 - your site’s hazardous secondary material activity, if you manage any • Item 13 - additional comments on Items 1 – 12 • Item 14 - certification that the information you provided throughout the form is truthful,
accurate, and complete • Addendum to the Site Identification Form – notification of hazardous secondary material activity
Type or print, in black ink, all items except the Signature box in Item 14. In Item 14, provide the required ink signatures. Signatures must be original. Stamped or photocopied signatures are not acceptable. Enter your site’s EPA Identification Number in the top left-hand corner on all pages of the form; for an Initial Notification for this site, leave the EPA identification Number blank. Use Item 13 – Comments to clarify or provide additional information for any entry. When entering information in the comments section, enter the item number and box letter to which the comment refers. If you must use additional sheets for comments, enter your site’s EPA Identification Number in the top left-hand corner of each sheet.
ITEM-BY-ITEM INSTRUCTIONS
ITEM 1 – REASON FOR SUBMITTAL
Place an “X” in the appropriate box(es) to indicate whether this form is your Initial Notification (i.e., this is your first time submitting site identification information / to obtain an EPA Identification Number for this location); a Subsequent Notification (to update your site identification information); a component of a First or a Revised Hazardous Waste Part A Permit Application; or a component of the Hazardous Waste Report.
TO PROVIDE AN INITIAL NOTIFICATION (FIRST TIME SUBMITTING SITE IDENTIFICATION INFORMATION / TO OBTAIN AN EPA IDENTIFICATION NUMBER FOR THIS LOCATION)
• If your waste activity is regulated under Subtitle C of the Resource Conservation and Recovery Act (RCRA) and the rules promulgated pursuant to the Act (specifically 40 CFR Parts 260-299), you must submit this form to notify the appropriate State or EPA Regional Office of your regulated waste activities and obtain an EPA Identification Number.
• If you are an eligible academic entity opting into 40 CFR Part 262, Subpart K for managing laboratory hazardous wastes AND you have never before submitted site identification information, you must submit this form to notify the appropriate State or EPA Regional Office of your activities. Note: You must check with your State to determine if you are eligible to manage laboratory hazardous waste pursuant to 40 CFR Part 262, Subpart K in order for you to notify.
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Site ID Form (continued)
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• If you will begin managing hazardous secondary material under 40 CFR 261.2(a)(2)(ii), 40 CFR
261.4(a)(23), (24), or (25) AND you have never before submitted site identification information, you must submit this form, pursuant to 40 CFR 260.42, to notify the appropriate State or EPA Regional Office of your activities. Note: You must check with your State to determine if you are eligible to manage hazardous secondary material under these exclusions in order for you to notify.
TO PROVIDE A SUBSEQUENT NOTIFICATION (TO UPDATE SITE IDENTIFICATION INFORMATION FOR THIS LOCATION)
• You must use this form to submit a subsequent notification if your site already has an EPA Identification Number and you wish to change information (e.g., generator status, new site contact person, new owner, new mailing address, new regulated waste activity, etc.).
• If you have previously submitted site identification information and are an eligible academic entity opting into or withdrawing from 40 CFR Part 262, Subpart K for managing laboratory hazardous wastes, you must use this form. Note: You must check with your State to determine if you are eligible to manage laboratory hazardous waste pursuant to 40 CFR Part 262, Subpart K in order for you to notify.
• If you have previously submitted site identification information and are notifying (or re-notifying) that you will begin managing, are managing, or have stopped managing hazardous secondary material under 40 CFR 261.2(a)(2)(ii), 40 CFR 261.4(a)(23), (24), or (25), you must submit this form, pursuant to 40 CFR 260.42, to notify the appropriate State or Regional Office of your activities. Note: You must check with your State to determine if you are eligible to manage hazardous secondary material under these exclusions in order for you to notify.
AS A COMPONENT OF A FIRST RCRA HAZARDOUS WASTE PART A PERMIT APPLICATION
If your site is planning to treat, store, or dispose of hazardous waste on-site in a unit that is not exempt from obtaining a hazardous waste permit, you must submit this form as part of the Part A Permit Application. Also, if the activity at this site (treatment, storage, or disposal) became newly regulated under RCRA Subtitle C and the rules promulgated pursuant to the Act (specifically 40 CFR Parts 260-299), you must submit this form as part of the Part A Permit Application.
AS A COMPONENT OF A REVISED RCRA HAZARDOUS WASTE PART A PERMIT APPLICATION
If you must submit a Revised Part A Permit Application to reflect changes that have occurred at your site, you must submit this form as part of your Revised Part A Permit Application. Examples of site changes requiring a Revised Part A Permit Application include managing new wastes not identified in the first submission of the form or changes to existing waste treatment processes. When submitting a Revised Part A Permit Application, please include the Amendment Number in the appropriate space.
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Site ID Form (continued)
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AS A COMPONENT OF THE HAZARDOUS WASTE REPORT (IF MARKED, SEE SUB-BULLET BELOW)
If you are required to submit a Hazardous Waste Report indicating the amount of hazardous waste you generate, treat, recycle, dispose, ship off-site, or receive from off-site, you must fill out this form. A Site ID Form submitted with a Hazardous Waste Report is equivalent to a Subsequent Notification.
SITE WAS A TSD FACILITY AND/OR GENERATOR OF ≥ 1,000 KG OF HAZARDOUS WASTE, > 1 KG OF ACUTE HAZARDOUS WASTE, OR > 100 KG OF ACUTE HAZARDOUS WASTE SPILL CLEANUP IN ONE OR MORE MONTHS OF THE REPORT YEAR (OR STATE EQUIVALENT LQG REGULATIONS)
The purpose of this check box is to distinguish between sites that meet the criteria and are required to file a report versus those who file voluntarily or by State-only requirement but were not a treatment, storage, and disposal facility (TSDF) or a Large Quantity Generator (LQG) during the report year. Sites required to file the report should place an “X” in this box, while non-LQG/TSD sites should not. For more information about who must file a report, refer to “WHO MUST FILE THE 2015 HAZARDOUS WASTE REPORT” section of the 2015 Hazardous Waste Report Instructions and Form booklet.
ITEM 2 – SITE EPA ID NUMBER
Provide your EPA Identification Number in Item 2 for this site. The first two characters of the EPA Identification Number must be a valid State postal code. Be sure to include your EPA Identification number at the top of all pages of the form (as well as on any attachments to the Site ID Form).
NOTE
If this is your Initial Notification for this site, leave the EPA Identification Number blank and proceed to Item 3.
ITEM 3 AND 4 – SITE NAME AND LOCATION
Provide the legal name of your site and a complete location address. Please note that the address you give for Item 4, Site Location, must be a physical address, not a post office box or route number. Only foreign hazardous waste transporters, with their headquarters located outside the U.S., may provide a Site Location Country outside of the U.S.
NOTE
A new EPA Identification Number is required if you change the location of your site.
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Site ID Form (continued)
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ITEM 5 – SITE LAND TYPE
Place an “X’ in the box that best describes the land type of your site. Select only one type: Private, County, District, Federal, Tribal (see below), Municipal, State, or Other. If your site’s Land Type could be described as Municipal and another Land Type, such as County, District, or Tribal, do not place an “X” in Municipal. Instead, choose the other appropriate Land Type. (For example, if your site’s Land Type is both Municipal and County, you would place an “X” in the box for County.) You may explain this in Item 13 – Comments.
Tribal - A member of one of the tribes/entities on the list of Federally recognized American Indian tribes and Alaskan Native entities located at: http://www.epa.gov/tribal/whereyoulive/tribes-a-z.htm.
ITEM 6 – NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM (NAICS) CODE(S)
Box A must be completed. Completing Boxes B-D is recommended, if applicable.
BOX A
Provide the North American Industry Classification System (NAICS) code that best describes your site’s primary business production process for your products or services. Referencing the latest NAICS codes, use the 6-digit code (most specific description) if available for your business; if not, use the 5-digit code; do not enter any four (4) or less digit codes.
BOXES B – D
List other NAICS codes that describe the other business production processes for your site. Referencing the latest NAICS codes, use the 6-digit code (most specific description) if available for your business; if not, use the 5-digit code; do not enter any four (4) or less digit codes.
Check with your accounting or business staff to determine your NAICS code(s); the NAICS code is used in tax reporting and other business reports. You can obtain additional information about NAICS codes at http://www.census.gov/eos/www/naics.
NOTE
Significant changes were made to the NAICS codes in 2012. All sites should confirm their NAICS codes in the new 2012 NAICS code table prior to completing Item 6 – NAICS Codes. You can obtain additional information about the 2012 NAICS codes at http://www.census.gov/eos/www/naics.
Please enter the Site Mailing Address. If the Mailing Address and the Location of Site (Item 4) are the same, you can enter “Same as Item 4” in the box for Item 7.
ITEM 8 – SITE CONTACT PERSON
Enter the name, title, business address, telephone number, extension, fax number, and e-mail address of the individual who should be contacted regarding the information submitted in the Site ID Form. A Subsequent Notification is recommended when the Site Contact Person changes. Do not enter other contact persons here; if there are other persons, who may be contacted about this submission, list them and their other contact information in Item 13 – Comments. If the person completing the Hazardous Waste Report is not the primary site RCRA hazardous waste contact, enter the primary site RCRA hazardous waste contact here and add the contact information for the person completing the Hazardous Waste Report in Item 13 – Comments.
NOTE
This is NOT the Facility Permit Contact information. The Facility Permit Contact information should be entered on the RCRA Hazardous Waste Part A Permit Application.
ITEM 9 – LEGAL OWNER AND OPERATOR OF THE SITE
This section should be used to indicate all owners and operators of this site.
A. NAME OF SITE’S LEGAL OWNER
Provide the name of your site’s legal owner(s). This includes owner(s) of the building(s) and land. Please review these definitions:
Owner – The person who owns a RCRA site or part of a RCRA site. Note: This includes the owner(s) of the building(s) and/or land. This may be an individual, company, or business name. See Person.
Person – An individual, trust, firm, joint stock company, Federal Agency, corporation (including a government corporation), partnership, association, State, municipality, commission, political subdivision of a State, or any interstate body.
DATE BECAME AN OWNER
Indicate the date on which the above entity became the owner of your site. Enter dates as in this example: For April 22, 2015, enter 04/22/2015. This is a required field and a date must be reported.
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Site ID Form (continued)
18
OWNER TYPE
Place an “X’ in the box that best describes the owner type for your site. Select only one type: Private, County, District, Federal, Tribal (see below), Municipal, State, or Other. If your site’s Owner Type could be described as Municipal and another Owner Type, such as County, District, or Tribal, do not place an “X” in Municipal. Instead, choose the other appropriate Owner Type. (For example, if your site’s Owner Type is both Municipal and County, you would place an “X” in the box for County.) You may explain this in Item 13 – Comments.
Tribal - A member of one of the tribes/entities on the list of Federally recognized American Indian tribes and Alaskan Native entities located at: http://www.epa.gov/tribal/whereyoulive/tribes-a-z.htm.
LEGAL OWNER ADDRESS
Enter the address of the legal owner. If the address and the Location of Site (Item 4) are the same, you can enter “Same as Item 4” in the box for Item 9.
Use the Comments section in Item 13 to list any additional owners, their names, the dates they became owners, owner type, mailing address, and which owner(s), if any, are no longer owners since your last submission of this form. If necessary, attach a separate sheet of paper. Remember to enter your site’s EPA Identification Number in the top left-hand corner of each sheet.
B. NAME OF SITE’S OPERATOR
Provide the name of your site’s operator. Please review these definitions:
Operator – The person responsible for the overall operation of a RCRA site. Note: This is the legal entity which controls the RCRA site operation rather than the plant or site manager. This is usually a company or business name, but may be an individual. See Person.
Person – An individual, trust, firm, joint stock company, Federal Agency, corporation (including a government corporation), partnership, association, State, municipality, commission, political subdivision of a State, or any interstate body.
DATE BECAME AN OPERATOR
Indicate the date on which the above entity became the operator of your site. Enter dates as in this example: For April 22, 2015, enter 04/22/2015. This is a required field and a date must be reported.
OPERATOR TYPE
Place an “X’ in the box that best describes the operator type for your site. Select only one type: Private, County, District, Federal, Tribal (see below), Municipal, State, or Other. If your site’s Operator Type could be described as Municipal and another Operator Type, such as County, District, or Tribal, do not place an “X” in Municipal. Instead, choose the other appropriate Operator Type. (For example, if your site’s Operator Type is both Municipal and County, you would place an “X” in the box for County.) You may explain this in Item 13 – Comments.
Tribal - A member of one of the tribes/entities on the list of Federally recognized American Indian tribes and Alaskan Native entities located at: http://www.epa.gov/tribal/whereyoulive/tribes-a-z.htm.
Use the Comments section in Item 13 to list any additional operators, their names, the dates they became operators, operator type, mailing address, and which operator(s), if any, are no longer operators since your last submission of this form. If necessary, attach a separate sheet of paper. Remember to enter your site’s EPA Identification Number in the top left-hand corner of each sheet.
NOTE
A subsequent notification is recommended when the owner or operator of a site changes. Because an EPA Identification Number is site-specific, the new owner will keep the existing EPA Identification Number for that location. If your business moves to another location, the owner or operator must notify the State or EPA Regional Office of this change. Since your business has changed locations, a new EPA Identification Number will be assigned.
ITEM 10 – TYPE OF REGULATED WASTE ACTIVITY
Mark box “Yes” or box “No” as appropriate for all current activities (as of the date submitting the form) at this site; complete any additional boxes as instructed. Current activities mean activities that are in effect when the form is submitted or those that the site plans to begin after EPA Identification Number assignment. The information you provide in Item 10 will be considered current as of the date you certify the form. If the site is no longer a generator as of the date you certify the form, you should mark the “No” (not a generator) box for Generator of Hazardous Waste.
NOTE
You must report your current regulated waste activities as of the date of submitting the Site ID Form. For the Hazardous Waste Report, your current status may be different than the status requiring the report during the calendar year.
A. HAZARDOUS WASTE ACTIVITIES (COMPLETE ALL PARTS 1 THROUGH 10)
NOTE
Listed below are the Federal generator status definitions. If, however, the State where your site is located has definitions different from the Federal definitions, you must use the State definitions.
