DEQ Hazardous Waste Program (HWP) Permitted Facility Class 2 Permit... 40 CFR 270.42(b) Day 60 Day 65

DEQ Hazardous Waste Program (HWP) Permitted Facility Class 2 Permit Modification Process
40 CFR 270.42(b)
Day 60
Day 65
Permittee
Public
Permittee sends
notification of
modification request to
mailing list, publishes
notice in local paper, &
makes available for
public viewing
Day 120
May appeal to **BER
within 30 days
40 CFR 124.19
Permittee
must hold a
public meeting
between day 5
and day 45 of
the comment
period
Applicant receives
decision
notification
Public comments
submitted to HWP
Notification of
final decision,
final EA, &
response to
comments
Public
comment on
draft EA
Public comments on
modification request
Modification received
from permittee
DEQ HWP
Day 95
30-day comment period on EA
60-day comment period on modification request
Permittee submits a
modification request
with fee to HWS and
within 7 days must
begin 60 day comment
period
Day 90
Draft DEQ
decision on
modification
request
HWP reviews
modification
request
Letter to Permittee
from HWP
requiring a 30-day
extension to
accommodate
MEPA timeframes
MCA 75.1.101103*
DEQ final
decision on
modification
request and
EA
May appeal to
**BER within
30 days
40 CFR 124.19
Final permit
modification issued
or denied or a class
3 modification
required & final EA
notification
Draft EA
comments
to HWP
Temporary or Automatic Authorization:
Development of
draft permit
modification &
draft
Environmental
Assessment (EA)
by HWP
Day 120: If DEQ fails to make a final decision
on permit request, permittee is automatically
authorized to conduct activities as specified in
the modification request for up to 180 days.
As soon as DEQ makes a decision, this
automatic authorization is cancelled.
Day 130: Permittee must send notification to
mailing list members and any members of the
public who submitted comments that they
have been authorized to conduct activities as
specified in the modification request.
Day 180: If DEQ has not made a final
decision, the automatic authorization
becomes final.
40 CFR Parts 270 and 124 are incorporated by reference at ARM 17.53.1201 and 17.53.1202
The permittee may follow the procedures in 40 CFR 270.42(b) for Class 2 modifications instead of the Class 1
procedures. The permittee must inform DEQ HWP of this decision in the Class 2 notice. 40 CFR 270.42(a)(3)
* MEPA = Montana Environmental Policy Act
**BER = Board of Environmental Review
Reviewed/Updated: September 2014