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 tJ- <"> c / '•*?. ,. i3 - I- < ':-. Q- •< O (7) r* O CD -u o r-*- 0) O ©a 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. ------- 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. • 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. ------- 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. ,/fi.:JC~1'-f)-'>rn Street ------- ------- |