---
kind: "section"
citation: "40 C.F.R. § 270.61"
title: "40"
number: "270.61"
heading: "Emergency permits."
url: "https://uscodex.org/cfr/40/270.61"
---

# §270.61. Emergency permits.

- (a) Notwithstanding any other provision of this part or [part 124](/cfr/40/part124.md), in the event the Director finds an imminent and substantial endangerment to human health or the environment the Director may issue a temporary emergency permit: (1) To a non-permitted facility to allow treatment, storage, or disposal of hazardous waste or (2) to a permitted facility to allow treatment, storage, or disposal of a hazardous waste not covered by an effective permit.
- (b) **This emergency permit—**
  - (1) **May be oral or written.** If oral, it shall be followed in five days by a written emergency permit;
  - (2) Shall not exceed 90 days in duration;
  - (3) Shall clearly specify the hazardous wastes to be received, and the manner and location of their treatment, storage, or disposal;
  - (4) May be terminated by the Director at any time without process if he or she determines that termination is appropriate to protect human health and the environment;
  - (5) Shall be accompanied by a public notice published under [§ 124.10(b)](/cfr/40/124.10.md?p=b) including:
    - (i) Name and address of the office granting the emergency authorization;
    - (ii) Name and location of the permitted HWM facility;
    - (iii) A brief description of the wastes involved;
    - (iv) A brief description of the action authorized and reasons for authorizing it; and
    - (v) Duration of the emergency permit; and
  - (6) Shall incorporate, to the extent possible and not inconsistent with the emergency situation, all applicable requirements of this part and 40 CFR parts [264](/cfr/40/part264.md) and [266](/cfr/40/part266.md).

## Notes

### Amendments

[48 FR 14228, Apr. 1, 1983, as amended at 48 FR 30114, June 30, 1983; 60 FR 63433, Dec. 11, 1996]

### Authority

Authority: 42 U.S.C. 6905, 6912, 6924, 6925, 6927, 6939, and 6974.

### Source

Source: 48 FR 14228, Apr. 1, 1983, unless otherwise noted.

### Amendments

[48 FR 14228, Apr. 1, 1983, as amended at 48 FR 30114, June 30, 1983; 60 FR 63433, Dec. 11, 1996]