F n v i'
                       Hazardous Waste
                       Information
Rules for
Obtaining a
Permit from
EPA to Operate
a Hazardous
Waste Facility
Who Needs a
Permit?
                       Facility
                       Permits
The Resource Conservation and Recovery Act of 1976 (RCRA) requires
the U.S. Environmental Protection Agency (EPA) to institute a national
program to control hazardous waste. Specific regulations for carrying
out KCRA are set forth in the Code of Federal Regulations (40 CFR
Parts 260 to 266 and 122 to 124). The program becomes effective 6 months
following, promulgation of the regulation identifying and listing hazardous
wastr (Part '/ni).  This regulation includes a comprehensive list of waste
source*  wast*"- streems, and some specific wastes that are  hazardous,
as well  fl^ four <"hnraeterjsli.es of a hazardous waste:  ignitability,
corr"sivitv. reactivity, an-' loxicity as determined by a specific extraction
pn>rf»lMi < <•«!>: fAfj to ir ..ne regulations as ''extraction procedure toxicity").

    Dif koy-!f p*'n^s ition through storage, treatment, and ultimate disposal
vis ti Ri-spoftM jofi manifests, recordkeeping, and reporting. The  control
system  start-- when tho.se who generate, transport, treat, store, or dispose
of hazmlou1- wastes notify EPA, as required by section 3010 of RCRA.
Afi">r ro.-pjviMg notification, EPA assigns an identification number to
     -iifi•• -•••!)) it uf operation without obtaining an EPA identification number.

The r ->-n i»T'<'.- !,*rmru!gatp<1 under section 3005 of RCRA (40 CFR
PhrK t'i ; n»<*< } ,'4; ,- .^quires that any person who owns, operates,  or proposes
to I)\N ,  r,r oi'fr^ip om EPA or a State authorized to conduct its
owu !.n7nrd'>M<. v/HS^r; program.  Most requirements in the regulation are
only applies1-!'-  vvhcrp  EPA issues permits; selected portions apply to
                       tt.<
                       of
Consolidated
Permit Program
                       * M-
                         t!i-
                       * th«-
                       * I!..
F,P \  ,«<,<>.»- (»*! injt.-. f;jr controlling environmental problems under
a rvj--  •• <>s )nws.  To facilitate and streamline the regulatory process,
FPA     '"insoiHatod procedures and requirements for the hazardous
iwnr;t,. upnnfrf.rfU'M' program with four otiicr programs it administers:

• !.)"• !'u•;•(? this program s,<- orx-rated by FPA

               in;., n,<_>!•••. than one permit >s encouraged to consolidate
                     its

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Who Does Not
Need A Permit?
  Certain facilities handling hazardous waste do not require a RCRA permit:

  • generators who accumulate hazardous waste on-site for less than 90 days

  • farmers who dispose of hazardous waste pesticides from their own use

  • persons who own or operate facilities solely for the treatment, storage,
    or disposal of certain hazardous waste excluded from regulation
Applying for a
Permit
  Any person who owns or operates a hazardous waste facility must
  apply for a permit. The application is in two parts:

  • Part A, which defines the processes to be used; the design capability;
    and the hazardous waste to be handled. For existing facilities, Part
    A must be submitted within 6 months of promulgation of the regulation
    identifying hazardous waste.

  • Part B, which contains more detailed information intended to establish
    that the facility can meet the technical standards promulgated under
    RCRA section 3004.  For existing facilities, Part B must be submitted
    at a date set by the Regional Administrator.

    For proposed new facilities, both Part  A and Part B must be submitted
at least  180 days before physical construction is scheduled to begin.
Interim Status
  If notification is filed with EPA and Part A of the permit application
  is submitted on time, an existing facility achieves interim status and
  is considered to have a permit until Part B is acted upon.  The facility
  must comply with Interim Status Standards promulgated under RCRA
  section 3004.

    EPA classifies facilities as major or minor, so it can concentrate its
  limited resources on those permit applications that either are the subject
  of widespread concern or raise major issues.  EPA expects to designate
  about 10 percent of existing hazardous waste facilities as major.

    The  Regional Administrator reviews an application for completeness.
  When an application is completed, the public is informed.  If the Regional
  Administrator decides to issue a permit, a draft permit is prepared and
  then is subject to public notice, public comment, and in some cases, public
  hearings. After the comment period, EPA issues a final decision on a
  permit, along with a response to all significant comments.

    RCRA permits are effective for a fixed term not to exceed 10 years.
  The Regional  Administrator may review a permit at  any time to determine
  if it should be modified, revoked and reissued, or terminated.

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