United States
Environmental Protection
Agency
Office of Sold West*
and Emergency Respon
Washington, DC 20460
1980; rev. ed.
October 1981
vvEPA
Solid Waste
Hazardous Waste Information
FACILITY PERMITS
RULES FOR OBTAINING
A PERMIT FROM EPA
TO OPERATE A HAZARDOUS
WASTE FACILITY
On May 19, 1980, regulations to establish a national
system to identify and control waste deemed "hazardous" were
promulgated by the U.S. Environmental Protection Agency.
EPA was directed by Congress to develop and implement this
system under the Resource Conservation and Recovery Act of
1976 (RCRA), Public Law 94-580, as amended. The regulations
appear in the Code of Federal Regulations under Parts 260
through 267 and 122 through 124.
The goal of the program is control of hazardous waste
from point of generation through transportation, treatment,
storage, and ultimate disposal. Those who handle hazardous
waste — generators, transporters, treaters, storers, or
disposers — must have an EPA identification number. New
handlers of hazardous waste must obtain such a number from
EPA for their activities.
Who Needs a Permit?
Consolidated Permit
Program
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Owners and operators of facilities that treat, store,
or dispose of hazardous waste are required to obtain a per-
mit for their operations (unless they fall within an exemp-
tion) either from EPA or from a State that has received EPA
approval to operate its own hazardous waste program. Data
required on the application for a permit are set forth in
Part 122, Title 40, of the Code of Federal Regulations.
EPA issues permits for controlling environmental problems
under a. number of laws. To simplify the process of obtain-
ing different types of permits, the Agency consolidated its
permit programs. Owners or operators of facilities are not
required to combine their permit applications; they are,
however, encouraged to do so.
The EPA permit programs covered by the consolidated per-
mit regulations include:
o the Hazardous Waste Management Program under the
Resource Conservation and Recovery Act;
o the Underground Injection Control Program under the
Safe Drinking Water Act;
o the National Pollutant Discharge Elimination System
under the Clean Water Act;
o the Dredge or Fill (Section 404) Program under the
Clean Water Act;
o the Prevention of Significant Deteriorate
Bunder the Clean Air Act, where this pro*
"operated by EPA.
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Permits by Rule
Interim Status and
Final Permits
Applying for a Permit
A facility seeking more than one permit is encouraged
to consolidate Its application.
Under the consolidated permit regulations, certain
facilities that have been issued permits under one of these
programs may be issued a permit by rule for their hazardous
waste operations. These Include:
o barges or vessels that 'dispose of hazardous waste
in the ocean;
o underground injection wells that manage hazardous
waste;
o publicly owned treatment works.
To be eligible for a permit by rule, certain conditions
(such as compliance with the manifest system and recordkeep-
ing requirements) must be met.
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In recognition that all facilities could not be per-
mitted simultaneously, RCRA provides that they may receive
"interim status." To qualify for interim status, a facility
must have been in existence on November 19, 1980, have noti-
fied EPA of its activities, and have submitted Part A of
the permit application to EPA.
Interim status—the period between applying for a permit
and Issuance of a final permit—allows facilities to continue
operations while administrative action on the final permit
is under way. During this time, facilities must comply with
the interim status requirements listed in Part 265.
Not all States will employ the two-part permitting
approach of the Federal system. State agencies operating
approved hazardous waste permit programs may require their
own type of permit application.
EPA's permit application consists of two parts:
Part A, which provides such data as design capacities, types
and quantities of hazardous wastes handled, and proximity to
drinking water wells; and Part B, which includes more detailed
technical information.
Facilities That Do
Not Need a Permit
Certain facilities that handle hazardous waste are
explicitly excluded from the system. These include:
o generators that accumulate hazardous waste onsite
for less than 90 days;
o farmers who dispose of hazardous waste from
pesticides on their own property;
o facilities in which hazardous waste is being
beneficially used or reused or legitimately
recycled or reclaimed (a permit is required for
storage of hazardous waste at these facilities);
o totally enclosed treatment facilities.
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Procedures for The permit application is submitted to the EPA
Issuing Permits Regional Administrator in States where EPA is operating the
hazardous waste permit program. The Regional Administrator
^ reviews the application and prepares a draft permit.
* •
7 - The permit is subject to public notice, public comment,
and, when warranted, public hearings. Following this pro-
cess, EPA issues a final decision on the permit.
Public comments, EPA's response to those comments, and
any additional supporting materials become part of the admin-
istrative record for the final permit decision.
Appeals to the final decision of the Regional Administra-
tor may be made within 30 days.
Emergency Permits Where an immediate hazard to health or the environment
exists, the regulation provides for the issuance of an
emergency permit. It may be issued -for a period up to 90
days, and the public must be notified of the emergency
authorization.
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