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

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                      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".

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 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.

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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.

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                       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.

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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.

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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.

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