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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