United States
Environmental Protection
Agency
Solid Waste
and Emergency Response
(5305W)
EPA530-F-96-007
June 1996
The Hazardous Waste
Facility Permitting Process
PUBLIC NOTICE
What Are Hazardous Wastes?
Hazardous wastes can be liquids, solids, or sludges. They can be by-prod-
ucts of manufacturing processes or discarded commercial products. If
hazardous wastes are not handled properly, they pose a potential hazard
to people and the environment. To ensure that companies handle waste safely
and responsibly, EPA has written regulations that track hazardous wastes from
the moment they are produced until their ultimate disposal. The regulations set
standards for the hazardous waste management facilities that treat, store, and
dispose of hazardous wastes.
What Is a Hazardous Waste Management Facility?
Hazardous waste management facilities receive hazardous wastes for treat-
ment, storage, or disposal. These facilities are often referred to as treatment,
storage, and disposal facilities, or TSDFs.
^- Treatment facilities use various processes (such as incineration or oxi-
dation) to alter the character or composition of hazardous wastes.
Some treatment processes enable waste to be recovered and reused in
manufacturing settings, while other treatment processes dramatically
reduce the amount of hazardous waste.
^ Storage facilities temporarily hold hazardous wastes until they are
treated or disposed of.
^- Disposal facilities permanently contain hazardous wastes. The most
common type of disposal facility is a landfill, where hazardous wastes
are disposed of in carefully constructed units designed to protect
ground-water and surface-water resources.
What Laws and Regulations Govern TSDFs?
EPA has written detailed regulations to make sure that TSDFs operate safely
and protect people and the environment. EPA wrote these regulations to imple-
ment the Resource Conservation and Recovery Act (RCRA) of 1976 and the
Hazardous and Solid Waste Amendments of 1984. The U.S. Congress passed
these laws to address public concerns about the management of hazardous
waste.
EPA can authorize states to carry out the RCRA program. To receive autho-
rization, state requirements must be as strict, or stricter, than the federal
requirements. Federal or state agencies that implement RCRA are known as
"permitting agencies."
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What Is a
RCRA Permit?
A RCRA permit is a legally binding
document that establishes the waste man-
agement activities that a facility can conduct
and the conditions under which it can conduct
them. The permit outlines facility design and
operation, lays out safety standards, and describes
activities that the facility must perform, such as
monitoring and reporting. Permits typically
require facilities to develop emergency plans, find
insurance and financial backing, and train employ-
ees to handle hazards. Permits also can include
facility-specific requirements such as ground-
water monitoring. The permitting agency has the
authority to issue or deny permits and is responsi-
ble for monitoring the facility to ensure that it is
complying with the conditions in the permit.
According to RCRA and its regulations, a TSDF
cannot operate without a permit, with a few
exceptions.
Who Needs a RCRA Permit?
All facilities that currently or plan to treat,
store, or dispose of hazardous wastes must obtain
a RCRA permit.
^•New TSDFs must receive a permit before they
even begin construction. They must prove that
they can manage hazardous waste safely and
responsibly. The permitting agency reviews the
permit application and decides whether the
facility is qualified to receive a RCRA permit.
Once issued, a permit may last up to 10 years.
^- Operating TSDFs with expiring permits must
submit new permit applications six months
before their existing permits run out.
^- TSDFs operating under Interim Status must also
apply for a permit. Congress granted "interim
status" to facilities that already existed when
RCRA was enacted. Interim status allows exist-
ing facilities to continue operating while their
permit applications are being reviewed.
Who Does Not Need a RCRA
Permit?
There are certain situations where a company
is not required to obtain a RCRA a permit.
^ Businesses that generate hazardous waste and
transport it off site without storing it for long
periods of time do not need a RCRA permit.
^- Businesses that transport hazardous waste do not
need a RCRA permit.
^•Businesses that store hazardous waste for short
periods of time without treating it do not need
a permit.
What Are the Steps in the
Permitting Process?
1 Starting the Process
Before a business even submits a permit
application, it must hold an informal meeting with
the public. The business must announce the
"preapplication" meeting by putting up a sign on
or near the proposed facil- f~~ __
ity property, running an / jtJtKfm ~—~~- -
advertisement on radio or / **JU|f "*
television, and placing a
display advertisement in
a newspaper. At the meeting, the
business explains the plans for the facility, includ-
ing information about the proposed processes it
will use and wastes it will handle. The public has
the opportunity to ask questions and make sug-
gestions. The business may choose to incorporate
the public's suggestions into its application. The
permitting agency uses the attendance list from
the meeting to help set up a mailing list for the
facility.
2 Applying for a Permit
After considering input from the preapplica-
tion meeting, the business may decide to submit a
permit application. Permit applications are often
lengthy. They must include a description of the
facility and address the following:
^ How the facility will be designed, constructed,
maintained, and operated to be protective of
public health and the environment.
^- How any emergencies and spills will be han-
dled, should they occur.
^- How the facility will clean up and finance any
environmental contamination that occurs.
^ How the facility will close and clean up once it
is no longer operating.
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Receipt and Review of the Application
When the permitting agency receives a permit
application, it sends a notice to everyone on the
mailing list. The notice indicates that the agency
has received the application and will make it avail-
able for public review. The permitting agency
must then place a copy of the application in a
public area for review.
Simultaneously, the permitting agency begins
to review the application to make sure it contains
all the information required by the regulations.
The proposed design and operation of the facility
are also evaluated by the permitting agency to
determine if the facility can be built and
operated safely.
Step 4 Revisions, Revisions, Revisions
After reviewing the application, the permitting
agency may issue a Notice of Deficiency (NOD)
to the applicant. NODs identify and request that
the applicant provide any missing information.
During the application review and revision
process, the permitting agency may issue several
NODs. Each time the permitting agency receives
a response from the applicant, it reviews the
information and, if necessary, issues another
NOD until the application is complete. Given the
complex and technical nature of the information,
the review and revision process may take several
years.
Step $ Drafting the Permit for Public Review
When the revisions are complete, the agency
makes a preliminary decision about whether to
issue or deny the permit. If the agency decides
that the application is complete and meets appro-
priate standards, the agency issues a draft permit
containing the conditions under which the facility
can operate if the permit receives final approval. If
the permitting agency determines that an appli-
cant cannot provide an application that meets the
standards, the agency tentatively denies the permit
and prepares a "notice of intent to deny."
The permitting agency announces its decision
by sending a letter to everyone on the mailing list,
placing a notice in a local paper, and broadcasting
it over the radio. It also issues a fact sheet to
explain the decision. Once the notice is issued, the
public has 45 days to comment on the decision.
Citizens also may request a public hearing by con-
tacting the permitting agency. The permitting
agency may also hold a hearing at its own discre-
tion. The agency must give 30-day public notice
before the hearing.
Step 6 The End Result: A Final Permit Decision
After carefully considering public comments,
the permitting agency reconsiders the draft permit
or the notice of intent to deny the permit. The
agency must issue a "response to public com-
ments," specifying any changes made to the draft
permit. The agency then issues the final permit or
denies the permit.
Even after issuing a permit, the permitting
agency continues to monitor the construction and
operation of the facility to make sure they are
consistent with state and federal rules and with
the application.
Several additional steps can also take place
after the original permit is issued:
^- Permit Appeals. Facility owners and the public
both have a right to appeal the final permit
decision. The appeal is usually decided upon by
administrative law judges.
^Permit Modifications. If a facility changes its
management procedures, mechanical opera-
tions, or the wastes it handles, then it must
secure a permit modification. For modifications
that significantly change facility operations, the
public must receive early notice and have a
chance to participate and comment. For minor
modifications, the facility must notify the pub-
lic within a week of making the change.
^•Permit Renewals. The permitting agency can
renew permits that are due to expire. Permit
holders that are seeking a permit renewal must
follow the same procedures as a facility seeking
a new permit.
^- Permit Terminations. If a facility violates the
terms of its permit, the permitting agency can
terminate the permit.
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How Can the Public
Participate?
Members of the public have valid concerns
about hazardous waste management. They and
other interested parties can contribute valuable
information and ideas that improve the quality
of both agency decisions and permit applica-
tions. EPA believes that public participation is a
vital component of the permitting process.
Accordingly, EPA has written regulations that
create opportunities for the public to learn
about RCRA activities and give input during
the permitting process. The preapplication
meeting, public comment and response periods,
and public hearings are all instances where citi-
zens can engage companies and regulators in a
dialogue. Furthermore, EPA encourages permit-
ting agencies, permit holders or applicants, and
other interested parties to provide additional
public participation activities where they will be
helpful.
EPA also realizes that some of the most
important public participation activities happen
outside the formal permitting process. Citizens
can contact environmental, public interest, and
civic and community groups that have an inter-
est in the facility and become involved in their
activities. The permit holder or applicant may
also create informal opportunities for public
input and dialogue.
The permitting process gives citizens a num-
ber of opportunities to express their ideas and
concerns. Here are several steps you can take to
ensure that your voice is heard:
^ Know whom to call at the permitting agency.
Early in the process, call the agency to deter-
mine the contact for the project. This per-
son's name also should be on fact sheets and
other printed materials.
^•Ask to have your name put on the facility
mailing list for notices, fact sheets, and other
documents distributed by the agency.
^- Do your own research by talking to local
officials, contacting research or industry
organizations, reading permitting agency
materials, and interacting with interested
groups in the community.
^ Submit written comments that are clear, con-
cise, and well documented. Remember that,
by law, permitting agencies must consider all
significant written comments submitted dur-
ing a formal comment period.
^•Participate in public hearings and other
meetings. Provide testimony that supports
your position. Remember that a public hear-
ing is not required unless a citizen specifical-
ly requests one in writing.
^-If any material needs further explanation, or
if you need to clear up some details about
the facility or the permitting process, request
an informational meeting with the appropri-
ate official. You also may want to call the
facility to meet with the staffer to request a
tour or other information.
^- Follow the process closely. Watch for per-
mitting agency decisions and review the
agency's responses to public comments.
Remember that citizens may have an oppor-
tunity to appeal agency decisions.
^- Remember that your interest and input are
important to the permitting agency.
In Conclusion
The permitting process for a hazardous
waste management facility requires a significant
amount of time and effort. Each participant
plays a distinct and essential role. Permit
applicants must carefully consider the RCRA
regulations when developing and submitting
their applications and planning public involve-
ment activities. The permitting agency must
review the permit application to ensure that it is
complete, adequate, and protective of public
health and the environment. The agency must
also coordinate this review to ensure communi-
ty involvement. The public should become
familiar with the permitting process and partici-
pate in it so that community concerns are heard
and acted upon. This coordination of efforts
will help to ensure that the environment and
citizens of the United States are protected by
proper management of hazardous wastes.
For More Information
For more information, call the RCRA
Hotline at 800 424-9346 or TDD 800 553-
7672 (hearing impaired). In the Washington,
DC, area, call 703 412-9810 or TDD 703 412-
3323. You can request the documents RCRA
Public Participation Manual or RCRA Expanded
Public Participation Rule (brochure). You can also
obtain contact people and phone numbers for
your state or regional hazardous waste agency.
Additional information can be found in Title 40
Code of Federal Regulations, Parts 124, 270, and
271.
The RCRA Expanded Public Participation Rule
brochure and this fact sheet are accessible on
the Internet. Go to either gopherepa.gov or
http://-ivw-iv.epa.gov, and then Offices and
Regions, Office of Solid Waste and Emergency
Response, Office of Solid Waste.
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