United States Solid Waste and Environmental Protection Emergency Response Agency (5305) x EPA530-F-94-036 November 1994 4vEPA Permit Process Steps For Interim Status Hazardous Waste Combustion Facilities and for New Hazardous Waste Combustion Facilities Recycled/Recyclable Printed on paper that contains at least 50% recycled fiber ------- ------- PERMIT PROCESS STEPS For Interim Status Hazardous Waste Combustion Facilities * Represents proposed new requirements from the RCRA Expanded Public Participation and Revisions to Combustion Permitting Procedures; Proposed Rule (June 2, 1994). 1.* Pre-Application Meeting. The facility would give notice to the public and hold a meeting with the affected community prior to submitting their RCRA permit application. This meeting is the first opportunity for the facility to have a dialogue.with the community. 2. Submit Part A. The applicant submits a Part A permit application, which includes such information as the name and location of the facility, its owner, type of waste accepted, maximum capacity, and other environmental permits governing the facility.. This step is required to obtain interim status. Existing facilities are required to submit the Part 'A permit application as a condition for obtaining interim status. 3. Submit Part B. The applicant submits the Pa!rt B permit application, which includes the trial burn .plan, closure plan, waste analysis plan, and other facility documents. This detailed facility-specific information enables the permitting authority to evaluate the proposed .design anci operation of a combustion facility. 4.* Application Notice. When an application is received by the permitting authority, a notice will be published. This notice will allow the public the opportunity to review and' comment on the permit application at the same time as the permitting authority. 5. Review of Application. The permitting authority reviews the application. The application must adequately describe how the combustion facility will be operated to comply with the RCRA permitting requirements and protect human health and the environment. The trial burn plan is evaluated to see if it would adequately test the.performance of the unit. During this period, the permitting authority may ask for more information in a "Notice of Deficiency". ------- 6.* Information Repository. The permitting authority would make a case-by-case determination on whether to require the applicant to establish and maintain an information repository. This determination can occur anytime during the permitting process. The repository would contain all public information that is determined to be relevant to public understanding of permitting activities at the facility. The repository would be open for public viewing throughout the permitting process. . 7.* Trial Burn Notice. Prior to a trial burn, the permitting agency^would publish a public notice announcing that a trial burn will be conducted, along with the proposed schedule of the burn. 8. Trial Burn. The applicant conducts the trial burn with representatives from the permitting authority in attendance. Emissions and operating conditions are monitored to determine if performance standards are met. 9. Trial-Burn Analysis and Review. The applicant submits data and information on the facility's performance during the trial burn. The permitting authority reviews the information, and may request additional data from the applicant. The applicant submits a'risk assessment, which includes the emissions data from the trial burn. 10. Preparation of Draft Permit Determination. If a facility conducts a successful trial burn and the risk assessment shows no adverse impacts to human health or the environment, the permitting authority will prepare a draft permit. The permit will include operating conditions based on the results of the trial burn and risk assessment. If it appears that the facility is unable to meet statutory or regulatory standards, a "Notice of Intent to Deny" will be issued. 11. Public Comment on Draft Permit Determination. The permitting authority provides notice to the public that the draft permit is available for public comment. The comment period is at least 45 days. If requested, a public hearing is held. The permitting authority formally responds to comments received in writing and at the public hearing. 12. Permit Determination. The.final permit will be issued or denied depending on public comment and the facility's ability to meet RCRA regulations. The final permit will describe operating conditions for the facility, and is effective for up to ten years. If denied a permit, a facility must comply with closure requirements. ------- 13. Permit Appeal. After a permit decision is made, any person who filed comments on the draft permit or participated in the public hearing on the draft permit may petition the Environmental Appeals Board (EAB) to review any condition of the permit decision. Petitions for review are to be filed within 30 days of the permit decision. For interim status facilities, the permit conditions under appeal are stayed pending a decision by the EAB. 14. Judicial Appeal. Once the administrative permit appeals process has been completed, the petitioner could then seek judicial review in federal court. The decision of the EAB is final pending a final decision by the federal court. However, the petitioner has the right to request a stay of the EAB's decision pending a final decision. ------- ------- PERMIT PROCESS STEPS For New Hazardous Waste Combustion Facilities * Represents proposed new requirements from the RCRA Expanded Public Participation and Revisions to Combustion Permitting Procedures; Proposed Rule (June 2, 1994). 1.* Pre-Application Meeting. The facility would give notice to the public and hold a meeting with the affected community prior to submitting their RCRA permit application. This meeting is the first opportunity for the facility to have a dialogue with the community. 2. Submits Parts A and B. The applicant submits Parts A and B of the permit application including a preliminary risk assessment. Part A includes such information as the name and location of the facility, its owner, type of waste accepted, maximum capacity, and other environmental permits governing the facility. Part B contains detailed facility- specific information that enables the permitting authority to evaluate the proposed design and operation of a combustion facility. The Part B permit application includes the trial burn plan, closure plan, waste .analysis plan, and other facility documents. 3.* Application Notice. When an application is received by the permitting authority, a notice will be published. This notice will allow the public the opportunity to review and comment on the permit application at the same time as the permitting authority. , 4. Review of Application. The permitting authority reviews the application. The application must adequately describe how the combustion facility will be operated to comply with the RCRA permitting requirements and protect human health and the environment. The trial burn plan is evaluated to see if it would adequately test the performance of the unit. During this period, the permitting authority may ask for more information in a "Notice of Deficiency". 5.* Information Repository. The permitting authority would make a case-by-case determination on whether to require the applicant to establish and maintain an information repository. This determination can occur anytime during the permitting process. The. repository would contain all public information that is determined to be relevant to public understanding of permitting activities at the facility. The repository would be open for public viewing throughout the permitting process. ------- 8, 9. 10. Preparation of Draft Permit Determination. If the application is complete and acceptable and the preliminary risk assessment shows no adverse impacts to human health or the environment, the permitting authority will prepare a draft permit that includes a trial burn plan and facility design specifications. The draft permit also includes operating conditions under which the facility is expected to meet the performance standards. If the permitting authority determines that the facility will be unable to meet statutory or regulatory standards, a "Notice of Intent to • Deny" will be issued. Public Comment on Draft Permit Determination. The permitting authority provides notice to the public that the draft permit is available for public comment. The comment period is at least 45 days. If requested, a public hearing is held. The permitting authority formally responds to comments received in writing and at the public hearing. Pour-Phase Permit. After the public comment period has ended, the permitting authority will either issue a four- phase permit or a "Notice of Intent to Deny". The four- phase permit would establish the facility design and the conditions to be met by the facility following construction. Permit Appeal. After who filed comments on the public hearing on Environmental Appeals the permit decision. within 30 days of the the entire permit is a permit decision is made, any person the draft permit or participated in the draft permit may petition the Board (EAB) to review any condition of Petitions for review are to be filed . permit decision. For new facilities, stayed pending a decision by the EAB. 11. Judicial Appeal. Once the administrative permit appeals process has been completed, the petitioner could then seek judicial review in federal court. The decision of the EAB is final pending a final decision by the federal court. However, the petitioner has the right to request a stay of the EAB's decision pending a final decision. Start-up/Shake-Down Period (Phase One). This phase allows limited burning of wastes to help stabilize the new facility's operation. 12 * Trial Burn Notice. Prior to a trial burn, the permitting agency would publish a public notice announcing that a trial • burn will be conducted, along with the proposed schedule of the burn. 13 Trial Burn (Phase Two). The applicant conducts the trial burn with representatives from the permitting authority in attendance. Emissions and operating conditions are monitored to determine if performance standards are met. ------- 14. Post-Trial Burn (Phase Three). In this phase, the facility may operate under specified permit limits, while trial burn results are reviewed. The permitting authority may request additional data from the applicant. The risk assessment is revised to include the emissions data from the trial burn. 15. Final Operating Conditions (Phase Four). If a facility conducts a successful trial burn and the risk assessment shows no adverse impacts to human health or the environment, the facility is allowed to operate under the final operating conditions in the permit. In some cases, modifications to these permit conditions may be necessary based on the trial burn or risk assessment results. If the facility does not pass the trial burn, the permitting authority may initiate proceedings to terminate the permit, or may modify the permit to allow a trial burn retest. A significant modification of the permit, such as the addition of a second trial burn, would require a new public comment period. ------- ------- ------- ------- |