D.C. Mun. Regs. Tit. 20, § 4270. DEPARTMENT-ADMINISTERED HAZARDOUS WASTE PERMIT PROGRAM

• Library: D.C. Municipal Regulations
• Enactment Date: 01 January 2019

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.

4270.2 With 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...