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E. DETERMINATION OF NO FURTHER ACTION <br /> • 1. Based on results of the SWMU investigation and other relevant <br /> information, the Permittee may submit an application to the <br /> Director for a Class III permit modification under 40 CFR <br /> 270.42(c) to terminate Corrective Action Compliance. This permit <br /> modification application must contain information demonstrating <br /> that there are no releases of hazardous waste including hazardous <br /> constituents from SWMUs at the facility that pose a threat to <br /> human health and the environment, as well as information required <br /> in 40 CFR 270.13 through 270.21, 270.62 and 270.63. <br /> If, based upon review of the Permittee ' s request for a permit <br /> modification, the results of the SWMU investigation, and other <br /> information, including comments received during the sixty (60) <br /> day public modifications, the Director determines that releases <br /> or suspected releases which were investigated either are <br /> nonexistent or do not pose a threat to human health and the <br /> environment, the Director will grant the requested modification. <br /> 2. A determination of no further action shall not preclude the <br /> Director from requiring continued or periodic monitoring of air, <br /> soil , ground water, or surface water, when site-specific <br /> circumstances indicate that releases of hazardous waste including <br /> hazardous constituents are likely to occur, if necessary to <br /> protect human health and the environment. <br /> 3. A determination of no further action shall not preclude the <br /> Director from requiring further investigations , studies , or <br /> remediation at a later date, if new information or subsequent <br /> analysis indicates a release or likelihood of a release from a <br /> SWMU at the facility that is likely to pose a threat to human <br /> health or the environment. In such a case, the Director shall <br /> initiate a permit modification. <br /> TSCP-11.ARU <br /> • <br /> 30 <br />